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Home My WebLink AboutAGE COUNCIL 2014/06/18 2012-2014 ACTIONS J YOSHIMOTO BRENDA FORD GREGGOR ILAGAN Chair and Presiding Officer DRU MAMO KANUHA KAREN EOFF ZENDO KERN DENNIS “FRESH” ONISHI Vice Chair VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 45 Session ORDER OF BUSINESS West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i June 18, 2014 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Pastor Keith Elliott of Kona Church of God CALL TO ORDER 9:08 A.M. ROLL CALL PLEDGE OF ALLEGIANCE Serving the Interests of the People of Our Island Hawai‘i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-45 June 18, 2014 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) APPROVAL OF MINUTES COMMUNICATIONS ORDER OF RESOLUTIONS Res. 436-14: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY Authorizes the Mayor to enter into a First Amendment of Lease for a two-year extension for Unit A-2, Phase I of the Hilo Iron Works Building, TMK: 2-2-001:030, at a cost not to exceed $3,273.83 per month, to be used by the Mass Transit Agency. Reference: Comm. 894 Intr. by: Ms. Poindexter Approve: FC-177 ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 2 Hawai‘i County Council-45 June 18, 2014 Res. 450-14: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO FOUR-WHEEL DRIVE BACKHOES FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement for two backhoes that would replace obsolete backhoes currently in use in Hilo and Kona. Reference: Comm. 915 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 453-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR VARIOUS PARK IMPROVEMENTS IN COUNCIL DISTRICT 6 Transfers/appropriates $19,307 out and from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits the same to the Department of Parks and Recreation, Transfer to Capital Project Fund (Discretionary Projects-Council District 6) account. Reference: Comm. 919 Intr. by: Ms. Ford Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 3 Hawai‘i County Council-45 June 18, 2014 BILLS FOR ORDINANCES (FIRST READING) Bill 256: AMENDS CHAPTER 19, ARTICLE 7 TAX MAP; VALUATIONS, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VALUATIONS; CONSIDERATIONS IN FIXING Modifies Section 19-53 of the Hawai‘i County Code to include the “income approach” as a consideration in the valuation of taxable real property. Reference: Comm. 893 Intr. by: Ms. Poindexter Approve: FC-178 ST PASSED 1 READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. (For informational purposes, Ms. Ford voted “Kānalua” and “Aye.”) Bill 262: AMENDS ORDINANCE NO. 13-21, WHICH AUTHORIZED THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS AND AUTHORIZED THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I Increases from $12 million to $18 million the principal amount of general obligation bonds that may be issued by the County to repay loan costs for the Kealakehe Wastewater Treatment Plant Aeration Upgrade and Sludge Removal project. Reference: Comm. 917 Intr. by: Ms. Poindexter Waived: FC Note: 2/3 vote required, pursuant to Section 47-5, Hawai‘i Revised Statutes. ST PASSED 1 READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 4 Hawai‘i County Council-45 June 18, 2014 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 248: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends an existing provision and adds a new provision for portions of Hawai‘i Belt Road (Highway 11), also known as Māmalahoa Highway; Schedule 3 (25 mile per hour limit), Subsection (f), Kona. Reference: Comm. 859 Intr. by: Mr. Kanuha (B/R) First Reading: June 4, 2014 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 249: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-256 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends an existing provision and adds a new provision for portions of Hawai‘i Belt Road (Highway 11) also known as Māmalahoa Highway; Schedule 4 (30 mile per hour limit), Subsection (f), Kona. Reference: Comm. 860 Intr. by: Mr. Kanuha (B/R) First Reading: June 4, 2014 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 5 Hawai‘i County Council-45 June 18, 2014 Bill 253: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-6 OF THE HAWAI‘I COUNTY CHARTER (2012 EDITION), RELATING TO THE TERM OF APPOINTMENT FOR THE COUNTY CLERK Establishes a six-year term for the County Clerk. Reference: Comm. 876 Intr. by: Mr. Yoshimoto First Reading: June 4, 2014 Note: Second of three required readings, a 2/3 vote of the entire membership is required to pass each reading, pursuant to Section 15-1(a), Hawai‘i County Charter. ND PASSED 2 OF THREE REQUIRED READINGS: AYES: Council Members Ilagan, Kanuha, Kern, Poindexter, Yoshimoto, and Acting Chair Eoff – 6. NOES: Council Members Ford, Onishi, and Wille – 3. ABSENT: None. EXCUSED: None. (For informational purposes, Mr. Kanuha voted “Kānalua” and “Aye.”) Bill 257: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Appropriates revenues in the State Grants – Safe Routes to School (SRTS) Program Grant account ($100,000); and appropriates the same to the SRTS Program Grant account. Funds would be used towards the SRTS program’s goal of improving the ability of children to walk or bicycle safely to school. Reference: Comm. 897 Intr. by: Ms. Poindexter First Reading: June 4, 2014 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 6 Hawai‘i County Council-45 June 18, 2014 Bill 258: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues in the State Grants – Department of Health – Tobacco Sting Grant account ($2,900); and appropriates the same to the Department of Health – Tobacco Sting Grant account. Funds would be used towards efforts by the Police Department to prevent the sale of tobacco to minors. Reference: Comm. 898 Intr. by: Ms. Poindexter First Reading: June 4, 2014 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. REPORTS Financial Report: Monthly Budget Status Report for the Month Ended April 30, 2014, from the Department of Finance. ACCEPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawai‘i Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT10:28 A.M. Page 7 Hawai‘i County Council-45 June 18, 2014 Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation “By Request” on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting places are accessible for persons with disabilities. Persons who need special June 16, 2014 accommodations for this meeting should call 961-8255 by . Relay users please call 711(961-8255) to contact our office. Notice is hereby given that pursuant to Hawai‘i Revised Statutes (hereinafter “HRS”) §92-3.5, the Hawai‘i County Council will be conducting this meeting via videoconference. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Council Members will be present at the following location:  Hilo Counc il Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401. (Pursuant to HRS §92-7 and Council Rule No. 2, Council Member Dennis “Fresh” Onishi will be participating from the Hilo Council Chambers.) Public attendance via videoconference will be available at the Hilo location. Public attendance via videoconference is also available at the following location until 4:30 p.m. or later in the event public testimony has not been completed:  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5. Public attendance via videoconference is also available at the following locations until public testimony has been completed:  County Facility (former Bank of Hawai‘i Building), 54-3888 Akoni Pule Highway, Kohala;  Hawaiian Ocean View Estates Community Center, 92-8924 Leilani Circle; and  Pāhoa Neighborhood Facility, 15-2710 Kauhale Street. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at http://www.hawaiicounty.gov/lb-council-meeting. For further information, please call 961-8255. fourteen Submitting Written Testimony: Those submitting written testimony at the meeting should bring (14)before 12:00 noon on the business copies for distribution. Public testimony may also be submitted day prior to the meeting :(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to Please submit separate testimony for each item. counciltestimony@co.hawaii.hi.us. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address before 12:00 noon on the business day prior to the (url) to videotestimony@hawaiicounty.gov meeting . The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video Each video submittal shall be limited to a single agenda item submittal. . Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Page 8 Hawai‘i County Council-45 June 18, 2014 Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, June 25 and July 2, 2014, at 6 p.m.; Fridays, June 27 and July 4, 2014, at 12 p.m.; and Sundays, June 29 and July 6, 2014, at 9 a.m. (These airtimes are subject to preemption by broadcasts from the State Legislature, and are subject to change by Na Leo ‘O Hawai‘i. Please check the current legislative broadcast schedule on the Na Leo ‘O Hawai‘i website at http://www.naleo.tv/tv- schedules/channel-55/.) UPCOMING MEETINGS TUESDAY, JULY 1, 2014 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, JULY 2, 2014 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street THURSDAY, JULY 17, 2014 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A FRIDAY, JULY 18, 2014 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 9