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HomeMy WebLinkAboutAGE COUNCIL 2017/11/15 2016-2018 ACTIONS VALERIE T. POINDEXTER AARON S. Y. CHUNG Chairwoman & Presiding Officer MAILE MEDEIROS DAVID DRU MAMO KANUHA KAREN EOFF SUSAN L. K. LEE LOY Vice Chair JENNIFER RUGGLES COUNTY COUNCIL 25 Aupuni Street th 26Session ORDER OF BUSINESS 74- Kailua- November 15, 2017 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Makana Delovio of New Hope Legacy CALL TO ORDER 9:25 a.m. ROLL CALL PLEDGE OF ALLEGIANCE Serving the Interests of the People of Our Island -26November 15, 2017 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 September 20, 2017 APPROVED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 326-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HUI PROJECT Transfers $2,500 from the Clerk-Council Services Contingency Relief account (Council District 4); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 486 Intr. by: Ms. Postponed: October 18, 2017 (Note: There is a motion by Ms. , seconded by Ms. Lee Loy, to approve Res. 326-17.) (Vote on Res. 326-17 is on the next page.) Page 2 -26November 15, 2017 ADOPTED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. Res. 375-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF RESEARCH SERVICES, UNIVERSITY OF Provides $7,999.20 from the Department of Research and Development to the Office of Sustainability of Sweet Potato through Virus-tested, Tissue-culture yields of sweet potatoes grown from a commercial source of cuttings with those of virus-tested, tissue-cultured planting materials, and graft plant material to multiply existing sweet potato viruses to reach detection levels. Reference: Comm. 552 Intr. by: Ms. David (B/R) Approve: FC-57 ADOPTED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. Res. 379-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS Transfers $7,500 from the Clerk-Council Services Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Division Other Current Expenses account. Reference: Comm. 561 Intr. by: Ms. Poindexter (Vote on Res. 379-17 is on the next page.) Page 3 -26November 15, 2017 ADOPTED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. Res. 380-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE CIVIL DEFENSE AGENCY TO PURCHASE COMMUNITY EMERGENCY RESPONSE TEAM Transfers $5,000 from the Clerk-Council Services Contingency Relief account (Council District 1); and credits to the Civil Defense Agency, Other Current Expenses account. Reference: Comm. 562 Intr. by: Ms. Poindexter ADOPTED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. Res. 381-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE LITTLE CIVIC CENTER Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 7); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 563 Intr. by: Mr. Kanuha (Vote on Res. 381-17 is on the next page.) Page 4 -26November 15, 2017 ADOPTED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. Res. 382-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE LITTLE F CENTER Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 8); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 564 Intr. by: Ms. Eoff ADOPTED: Ayes: Council Members Chung, Poindexter, Richards, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Ruggles 1. Excused: None. Res. 383-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ST HOLUALOA VILLAGE OHANA TO SUPPORT ITS 21 ANNUAL MUSIC AND LIGHT FESTIVAL Transfers $2,500 from the Clerk-Council Services Contingency Relief account (Council District 7); and credits to the Research and Development, Tourism Promotion account. Reference: Comm. 565 Intr. by: Mr. Kanuha (Vote on Res. 383-17 is on the next page.) Page 5 -26November 15, 2017 ADOPTED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. Res. 384-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE PUNA COMMUNITY MEDICAL CENTER TO SUPPORT ITS Transfers $5,000 from the Clerk-Council Services Contingency Relief account (Council District 4); and credits to the Research and Development, account. Reference: Comm. 566 Intr. by: ADOPTED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 9. Noes: None. Absent: None. Excused: None. Res. 385-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE HIGH SCHOOL GRAD FOR EXPENSES RELATING TO ITS 2018 KEALAKEHE PROJECT GRAD EVENT Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. Reference: Comm. 567 Intr. by: Ms. Eoff (Vote on Res. 385-17 is on the next page.) Page 6 -26November 15, 2017 ADOPTED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Res. 386-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH REIMBURSEMENT OF EXPENSES RELATE Transfers $1,000 from the Clerk-Council Services Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 568 Intr. by: Ms. Eoff ADOPTED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Res. 394-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF RESEARCH SERVICES, UNIVERSITY OF Provides $25,000 from the Department of Research and Development to the Office of Research Services, UnivCacao Fermentation and Value- proposal. Funds would be used to identify high-yielding cacao trees in varying production regions and evaluate the effects of fermentation practices and artificial drying methods used to improve the quality of the chocolate product. Reference: Comm. 581 Intr. by: Ms. David (B/R) Waived: FC (Vote on Res. 394-17 is on the next page.) Page 7 -26November 15, 2017 ADOPTED: Ayes: Poindexter, Ruggles, and Acting Chair Eoff 7. Noes: None. Absent: Council Members Chung and Richards 2. Excused: None. Res. 395-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE COVO FOUNDATION FOR THE 2017 FILIPINO-AMERICAN HERITAGE MONTH CELEBRATION AND BARRIO FIESTA Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 7); and credits to the Research and Development, account. Reference: Comm. 584 Intr. by: Mr. Kanuha ADOPTED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Res. 396-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE KONA TAHITI FETE EDUCATIONAL AND CULTURAL ASSOCIATION FOR ITS KONA TAHITI FETE 2017 FESTIVAL Transfers $1,500 from the Clerk-Council Services Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 585 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Page 8 -26November 15, 2017 BILLS FOR ORDINANCES (FIRST READING) Bill 73: AMENDS ORDINANCE NO. 17-40, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2017, TO JUNE 30, 2018 $600,000 to the Capital Budget. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources. Funds would be used for the planning and design phase of the project. Reference: Comm. 551 Intr. by: Mr. Kanuha Approve: FC-58 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Charter ST PASSED 1 READING: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Bill 74: AMENDS ORDINANCE NO. 17-40, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2017, TO JUNE 30, 2018 Avenue Improvements Fair Share project for $400,000 to the Capital Budget. Funds for this project shall be provided from the Fair Share Contributions. Allows fair share funds in the South Hilo District to be used towards the project. Reference: Comm. 553 Intr. by: Ms. David (B/R) Approve: FC-59 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Charter (Vote on Bill 74 is on the next page.) Page 9 -26November 15, 2017 ST PASSED 1 READING: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Bill 79: AMENDS ORDINANCE NO. 17-40, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2017, TO JUNE 30, 2018 Adds the Environmental Management Lono Kona Improvement District County project for $1,698,000 and Lono Kona Improvement District Federal project for $4,025,000 to the Capital Budget. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($1,698,000) and Federal Grants Receivable ($4,025,000). Funds would be used for the acquisition of easements, design, and construction of this public sewer system improvement project. Reference: Comm. 582 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Charter ST PASSED 1 READING: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Page 10 -26November 15, 2017 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 69 AMENDS ORDINANCE NO. 03-108 WHICH RECLASSIFIED LANDS (Draft 2): FROM SINGLE-FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX- TAX MAP KEY: 2-2-050:014 (Applicant: The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow a time extension for completion of construction and payment of the water commitment fee. The project is located provides for an approximately 11,600 square foot building for office/retail spaces to be occupied by the Veterans Administration. Reference: Comm. 481.1 Intr. by: Ms. Eoff (B/R) First Reading: November 2, 2017 ND PASSED 2 AND FINAL READING: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Bill 70: AMENDS ORDINANCE NO. 17-40, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2017, TO JUNE 30, 2018 Adds the Civil Defense Land Mobile Radio Upgrade project for $5 million to the Capital Budget. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources. Funds would be used to complete Phase 2 of the project, which requires the building of three new sites, surveying radio tower sites, and radio tower repairs. Reference: Comm. 508 Intr. by: Ms. David (B/R) First Reading: November 2, 2017 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Charter (Vote on Bill 70 is on the next page.) Page 11 -26November 15, 2017 ND PASSED 2 AND FINAL READING: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Bill 71: AMENDS ORDINANCE NO. 17-40, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2017, TO JUNE 30, 2018 Adds the Civil Defense Microwave System Replacement project for $3 million to the Capital Budget. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other 19 radio sites located around the island. Reference: Comm. 509 Intr. by: Ms. David (B/R) First Reading: November 2, 2017 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Charter ND PASSED 2 AND FINAL READING: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Page 12 -26November 15, 2017 Bill 75: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING ENDING JUNE 30, 2018 Appropriates revenues in the Federal Grants Violent Crimes Unit account ($50,000); and appropriates the same to the Violent Crimes Unit account. Funds would be used to reimburse the Police Department overtime pay incurred by its officers while working with the FBI on the Safe Streets/Violent Crimes Task Force. Reference: Comm. 555 Intr. by: Ms. David (B/R) First Reading: November 2, 2017 ND PASSED 2 AND FINAL READING: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Bill 76: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING ENDING JUNE 30, 2018 Increases revenues in the Federal Grants State Homeland Security Program Fiscal Year 2017 account ($105,000); and appropriates the same to the State Homeland Security Program Fiscal Year 2017 account for a total appropriation of $705,000. Funds would be used to purchase specialized equipment to sustain and enhance emergency management capabilities at the State and local government level. Reference: Comm. 556 Intr. by: Ms. David (B/R) First Reading: November 2, 2017 ND PASSED 2 AND FINAL READING: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. Page 13 -26November 15, 2017 Bill 77: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF NOT TO EXCEED $2,437,000 FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF CONSTRUCTING A PUBLIC SEWER SYSTEM SERVING THE LONO KONA SUBDIVISION; FIXES THE FORM, DENOMINATION, AND CERTAIN DETAILS OF SUCH BONDS; PROVIDES FOR THE ISSUANCE AND SALE OF SUCH BONDS; AND PROVIDES FOR OTHER MATTERS OR ACTIONS PERTAINING TO THE ISSUANCE AND SALE OF THE BONDS The sale of $2,437,000 of general obligation bonds to the USDA will allow the County to secure payment of a loan in the same amount from the USDA to be used to finance a portion of the costs of this project. Reference: Comm. 557 Intr. by: Ms. David (B/R) First Reading: November 2, 2017 ND PASSED 2 AND FINAL READING: Ayes: Poindexter, Richards, Ruggles, and Acting Chair Eoff 8. Noes: None. Absent: Council Member Chung 1. Excused: None. REPORTS REFERRALS FOR EXECUTIVE SESSION A 2/3 vote -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: 10:40 a.m. Page 14 -26November 15, 2017 Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has 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 accommodations for this meeting should call 961-8255 by November 13, 2017. Relay users please call 711(961-8255) to contact our office. Notice is hereby given -3.5, the 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, , 25 Aupuni Street, First Floor, Room 1401, (Pursuant to HRS §92-7 and Council Rule No. 2, Council Members Susan L. K. Lee Loy, , and Valerie T. Poindexter 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: Phoa Council Office, 15-2879 P Waimea Council Office, Parker Square, 65-1279 Kawaihae Road, Suite 109. Public attendance via courtesy site is also available at the following locations until public testimony has been completed: Nlehu State Office Building, 95-5669 M Old Kohala Courthouse, 54-3900 Akoni P Live stream of County Council Meetings: Council meetings are available for live viewing. Click on http://www.hawaiicounty.gov. Copies of this agenda and items listed on the agenda are available on the County Clerk-Council 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) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the C -8912; or (3) by email to counciltestimony@hawaiicounty.gov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestimony@hawaiicounty.gov before 12:00 noon on the business day prior to the meeting. The email 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 submittal. Each video submittal shall be limited to a single agenda item. Video submittals may Page 15 -26November 15, 2017 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 is Available on Public, Education, and Government Television. Please call Na Leo TV at (808) 935-8874 for Channel 55 schedule of Council and Committee meetings. Page 16