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Home My WebLink AboutAGE COUNCIL 12/14/2015 2014-2016 ACTIONS DRU MAMO KANUHA AARON S. Y. CHUNG MAILE “MEDEIROS” DAVID Chair and Presiding Officer KAREN EOFF VALERIE T. POINDEXTER GREGGOR ILAGAN DENNIS “FRESH” ONISHI Vice Chair DANNY PALEKA MARGARET WILLE COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 29 th Session ORDER OF BUSINESS West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i December 14, 2015 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Dean Stanley of Kona Baptist Church Maile “Medeiros” David CALL TO ORDER 9:02 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-29 December 14, 2015 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) APPROVAL OF MINUTES COMMUNICATIONS Comm. 576: NOMINATION OF SUSAN L. OSBORNE TO THE ENVIRONMENTAL MANAGEMENT COMMISSION From Mayor William P. Kenoi, dated November 23, 2015, submitting for the Council’s review and confirmation the above nomination. Waived: EMC APPROVED SUSAN L. OSBORNE’S NOMINATION: AYES: Council Members Chung, David, Eoff, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Ilagan – 1. EXCUSED: None. Comm. 577: NOMINATION OF SUSAN E. FISCHER TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION APPROVED SUSAN E. FISCHER’S NOMINATION: AYES: Council Members Chung, David, Eoff, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Ilagan – 1. EXCUSED: None. ; and Page 2 Hawai‘i County Council-29 December 14, 2015 NOMINATION OF KEKAULIKE P. TOMICH TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION From Mayor William P. Kenoi, dated November 23, 2015, submitting for the Council’s review and confirmation the above nomination. Waived: FC APPROVED KEKAULIKE P. TOMICH’S NOMINATION: AYES: Council Members Chung, David, Eoff, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Ilagan – 1. EXCUSED: None. ORDER OF RESOLUTIONS Res. 351-15: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: 1-7-007:015 (PORTION), SITUATED AT ʻŌLAʻA, PUNA, COUNTY AND STATE OF HAWAI‘I, FOR THE KUAULI ROAD IMROVEMENTS AT VOLCANO ROAD PROJECT Authorizes the acquisition of a portion of Lot 25, as delineated in Exhibit 1, to widen Kuauli Road and construct right and left turn lanes. Reference: Comm. 578 Intr. by: Mr. Paleka Waived: PWPRC Note: First of two required readings, Section 101-13, Hawai‘i Revised Statutes ST PASSED 1 OF TWO REQUIRED READINGS: AYES: Council Members Chung, David, Eoff, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Ilagan – 1. EXCUSED: None. Page 3 Hawai‘i County Council-29 December 14, 2015 Res. 352-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE LABOR COST TO BUILD THE SECOND PHASE OF THE NORTH KOHALA SKATE PARK Transfers $35,000 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Parks and Recreation, Transfer to Capital Project Fund – G account. Reference: Comm. 580 Intr. by: Ms. Wille ADOPTED: AYES: Council Members Chung, David, Eoff, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Ilagan – 1. EXCUSED: None. Res. 353-15: APPROVES LEGISLATIVE PROPOSALS FOR INCLUSION IN THE 2016 THE HAWAI‘I STATE ASSOCIATION OF COUNTIES’ (HSAC) LEGISLATIVE PACKAGE Approves seven proposals, submitted by the counties, as listed in Exhibit A, to be considered by the 2016 State Legislature which convenes on January 20, 2016. Reference: Comm. 581 Intr. by: Mr. Onishi Waived: GREDC ADOPTED: AYES: Council Members Chung, David, Eoff, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Ilagan – 1. EXCUSED: None. Page 4 Hawai‘i County Council-29 December 14, 2015 BILLS FOR ORDINANCES (FIRST READING) Bill 101: INITIATES AN AMENDMENT TO ARTICLE XIV, SECTION 14-5 OF THE (Draft 2) HAWAIʻI COUNTY CHARTER (2014), RELATING TO THE BOARD OF ETHICS The amendments would: 1) increase membership from five to nine members; 2) decrease member’s term from five to four years; 3) add council district residency requirements; and 4) allow each council member to nominate two persons from his or her council district to serve on the board, from which one would be appointed by the mayor, subject to confirmation by the Council. Reference: Comm. 494.9 Intr. by: Ms. Wille Negative: FC-42 (Due to a vote of 2-ayes, 6-noes, 1-absent) 2/3 Vote: First of three required readings, Section 15-1(a), Hawai‘i County Charter POSTPONED TO THE JANUARY 22, 2016, COUNCIL MEETING: AYES: Council Members Chung, David, Eoff, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Ilagan – 1. EXCUSED: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 115: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Section 24-280 (No parking any time), by revising and repealing existing provisions and adding new provisions for portions of Ali‘i Drive, Subsection (f), Kona. Reference: Comm. 547 Intr. by: Ms. Poindexter First Reading: December 2, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Ilagan – 1. EXCUSED: None. Page 5 Hawai‘i County Council-29 December 14, 2015 Bill 117: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal – HOME Program account ($452,684); and appropriates the same to the Mohouli Heights Senior Neighborhood 2, Hawai‘i Island Community Development Corporation account. Funds would be used by the Office of Housing and Community Development’s HOME Investment Partnerships program to construct the Mohouli Heights Senior Neighborhood Project, Phase II. Reference: Comm. 572 Intr. by: Ms. Eoff First Reading: December 2, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Ilagan – 1. EXCUSED: None. Bill 118: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS AND NOTES; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; PROVIDING FOR THE RETIREMENT OF THE BONDS TO BE REFUNDED; AND AUTHORIZING THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE REFUNDING BONDS AND THE RETIREMENT OF THE BONDS TO BE REFUNDED Authorizes the issuance of general obligation refunding bonds, not to exceed $270,230,000, for the purpose of refinancing outstanding County debt in the form of bonds that were issued at higher interest rates. The bonds and obligations that would be refinanced are listed in the bill. Reference: Comm. 573 Intr. by: Ms. Eoff First Reading: December 2, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Ilagan – 1. EXCUSED: None. Page 6 Hawai‘i County Council-29 December 14, 2015 REPORTS 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 ADJOURNMENT: 10:37 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 December 10, 2015 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 Council 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 courtesy site is also available at the following locations 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 courtesy site is also available at the following location until public testimony has been completed or 4:30 p.m., whichever comes first:  Conference Room adjacent to Hisaoka Gymnasium, Kamehameha Park Complex, 54-382 Kamehameha Park Road, Kapa‘au; Page 7 Hawai‘i County Council-29 December 14, 2015 Public attendance via courtesy site is also available at the following locations until public testimony has been completed:  Nāʻālehu State Office Building, 95-5669 Māmalahoa Highway, Nāʻālehu; and  Pāhoa Neighborhood Facility, 15-2710 Kauhale Street. If for technical or other unanticipated circumstances the video and/or audio connection cannot be made or is disrupted, the scheduled meeting will continue. Live stream of County Council Meetings: Council meetings are available for live viewing. Click on Council Meetings on the County’s homepage at http://www.hawaiicounty.gov. 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 counciltestimony@hawaiicounty.gov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) before 12:00 noon on the business day prior to the meeting to videotestimony@hawaiicounty.gov . 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, December 23 and 30, 2015, at 6:00 p.m.; Fridays, December 25, 2015, and January 1, 2016, at 12:00 p.m.; and Sundays, December 27, 2015, and January 3, 2016, at 9:00 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