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Home My WebLink AboutAGE COUNCIL 2014/09/17 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 51 st Session ORDER OF BUSINESS West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i September 17, 2014 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Reverend Bruce Nakamura of Kona Hongwanji Buddhist Temple CALL TO ORDER 9:09 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-51 September 17, 2014 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:30 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 Kona Gold Senior Presentation of a Certificate of Merit co-sponsored by Council Vice Chair Softball Team: Karen Eoff and Council Member Dru Mamo Kanuha recognizing and congratulating the Kona Gold Senior Softball Team for becoming the 2014 Hawai‘i State Senior Softball Champions. Reference: Comm. 1023 FILED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Acting Chair Eoff – 7. NOES: None. ABSENT: Council Members Onishi and Yoshimoto – 2. EXCUSED: None. Keauhou Canoe Presentation of a Certificate of Merit sponsored by Council Member Club: Dru Mamo Kanuha recognizing and congratulating the Keauhou Canoe Club for winning the 2014 Hawai‘i Canoe Racing Association State AAA Division Championship. Reference: Comm. 1024 FILED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Acting Chair Eoff – 7. NOES: None. ABSENT: Council Members Onishi and Yoshimoto – 2. EXCUSED: None. Page 2 Hawai‘i County Council-51 September 17, 2014 ORDER OF RESOLUTIONS Res. 509-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE TH HĀMĀKUA-KOHALA HEALTH CENTER FOR THE 8 ANNUAL PARADE AND FESTIVAL FOR THE UNITED NATIONS INTERNATIONAL DAY OF PEACE Transfers/appropriates $3,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Peace Day Parade and Festival). Reference: Comm. 1010 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 510-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE PUAKŌ COMMUNITY ASSOCIATION FOR A WASTEWATER STUDY Transfers/appropriates $6,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits the same to the Department of Environmental Management, Transfer to Sewer Fund, Miscellaneous Charges account (Puakō Wastewater Study). Reference: Comm. 1013 Intr. by: Ms. Wille Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Page 3 Hawai‘i County Council-51 September 17, 2014 Res. 511-14: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE BUCKET TRUCK FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement at an approximate cost of $4,167 per month; would be used by the Traffic Division for general streetlight installation and maintenance, and for the conversion from low pressure sodium to light emitting diode streetlights. Reference: Comm. 1017 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 513-14: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE HAWAI‘I FIRE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement at an approximate cost of $200 per month. Reference: Comm. 1019 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Page 4 Hawai‘i County Council-51 September 17, 2014 Res. 514-14: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FIVE BUSES FROM THE CITY AND COUNTY OF HONOLULU Donated by the City and County of Honolulu to the Mass Transit Agency with an estimated value of $1,850 each; would be used to provide island-wide transportation and to increase the County’s spare bus ratio. Reference: Comm. 1020 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 515-14: AUTHORIZES THE ACCEPTANCE OF TRANSPORTATION SERVICES FROM YOUNG BROTHERS, INC. Donated by Young Brothers, Inc., to the Mass Transit Agency with an estimated value of $5,160; would cover the cost of shipping two of five buses being donated by the City and County of Honolulu. Reference: Comm. 1021 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Page 5 Hawai‘i County Council-51 September 17, 2014 Res. 516-14: AUTHORIZES THE OFFICE OF THE PROSECUTING ATTORNEY TO AWARD FUNDS TO READ ALOUD AMERICA A grant in the amount of $100,000 would be used towards operational expenses incurred in providing the Read Aloud Program to children in kindergarten through the twelfth grade. Reference: Comm. 1022 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) Bill 280: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the Transfer from General Fund account ($6,000); and appropriates the same to the Wastewater Other Current Expenses (Grant to Puakō Community Association – impact study of land-based pollutants on the reef ecosystem) account ($6,000). Reference: Comm. 1015 Intr. by: Ms. Poindexter Waived: FC ST PASSED 1 READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. ORDER OF THE DAY (SECOND OR FINAL READING) REPORTS Page 6 Hawai‘i County Council-51 September 17, 2014 REFERRALS FOR EXECUTIVE SESSION Comm. 1014: CLAIM AGAINST THE COUNTY OF HAWAI‘I/JOHN NIHAU From Claims Investigator/Adjustor Clifford D. Victorine III, dated August 28, 2014, requesting an attorney-client confidential discussion to consult with the Council on a personal injury incident occurring on October 7, 2013. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: AYES: Council Members Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Acting Chair Eoff – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. The Council anticipates convening an executive meeting regarding the above matters, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council’s attorney on questions and issues pertaining to the Council’s powers, duties, privileges, immunities, and liabilities. 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 ADJOURNMENT: 11:34 A.M. 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 September 15, 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.) Page 7 Hawai‘i County Council-51 September 17, 2014 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. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14)before 12:00 noon on copies for distribution. Public testimony may also be submitted the business 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). Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, September 24 and October 1, 2014, at 6 p.m.; Fridays, September 26 and October 3, 2014, at 12 p.m.; and Sundays, September 28 and October 5, 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/.) Page 8 Hawai‘i County Council-51 September 17, 2014 UPCOMING MEETINGS TUESDAY, SEPTEMBER 30, 2014 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, OCTOBER 1, 2014 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, OCTOBER 14, 2014 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, OCTOBER 15, 2014 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 9