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Home My WebLink AboutAGE COUNCIL 2013/01/23 2012-2014 :O;M�V•OF H,k!;• BRENDA FORD J YOSHIMOTO ,•,,, `' ' GREGGOR ILAGAN Chairperson and Presiding Officer i � " '� DRU MAMO KANUHA f i KAREN EOFF ZENDO KERN DENNIS"FRESH"ONISHI Vice-Chairperson ••,••�r'>F of N►'�� VALERIE T.POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 ' E.3 4th Session ORDER OF BUSINESS Hawai`i County Council West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway,Building A Kailua-Kona,Hawaii Wednesday,January 23, 2013 9:00 a.m. INVOCATION Pastor Ryan Fasani of Kona Church of the Nazarene CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE (Note: Please turn cell phones,pagers, and other mobile communication devices on silent mode.) Hawai`i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-4 January 23, 2013 APPROVAL OF MINUTES: December 19, 2012 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Mark Donohoo: Presentation of a Certificate of Merit Co-Sponsored by Vice-Chair Karen Eoff and Council Member Dru Mamo Kanuha recognizing him for his unselfish act of kindness and heroism. ; and Robert Mockchew: Presentation of a Certificate of Merit Co-Sponsored by Vice-Chair Karen Eoff and Council Member Dru Mamo Kanuha recognizing him for his unselfish act of kindness and heroism. Reference: Comm. 91 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) COMMUNICATIONS ORDER OF RESOLUTIONS Res. 21-13: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3)2-2-014-010:0057 (POR.), SUITE 229B, SITUATED AT HILO LAGOON CENTRE, FOR THE DEPARTMENT OF LIQUOR CONTROL RESTORATION PROJECT The Department of Liquor Control will be making improvements at its office located at the Hilo Lagoon Centre, which will require the acquisition of additional space to meet Americans with Disabilities Act (ADA) requirements. The improvements will require the acquisition by the Department of currently vacant property owned by Alvin M. Inoue, Sharon K. Scheele, and Della E. Yamashiro, fka Della E. Allison, identified as being a portion of Suite 229 located on the second floor (or lobby level) of the Hilo Lagoon Centre, adjacent to the current Department of Liquor Control Conference Room, and containing an area of 909 square feet (referred to as Suite 229B). Reference: Comm. 28 Intr. by: Ms. Poindexter Approve: FC-11 Note: First of two required readings, Section 101-13, Hawai‘i Revised Statutes Page 2 Hawai‘i County Council-4 January 23, 2013 Res. 23-13: ACCEPTS THE DEDICATION OF ROAD LOT 9645-B-15 A PORTION OF TAX MAP KEY: (3)1-6-152:015 (POR), (ULUPONO CENTER, PHASE III SUBDIVISION, ULUPONO STREET) SITUATE AT KEAAU, DISTRICT OF PUNA, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I, FROM FOSTER KERN, LLC Foster Kern, LLC, is desirous of dedicating the above roadway lot, including all subdivision improvements, to the County of Hawai‘i for roadway purposes (containing an area of 1.472 acres). The improvements have been inspected and approved by the Department of Public Works, and received dedication approval from the Departments of Water Supply, Planning, and Environmental Management. Reference: Comm. 33 Intr. by: Mr. Kanuha Approve: PWPRC-1 Res. 24-13: ACCEPTS THE DEDICATION OF LOT 26-A-2 A PORTION OF TAX MAP KEY: (3)1-6-152:026 (PORTION OF MILO STREET), SITUATE AT KEAAU, DISTRICT OF PUNA, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I, FROM W.H. SHIPMAN, LIMITED W.H. Shipman, Ltd., is desirous of dedicating the above roadway lot, including all subdivision improvements, to the County of Hawai‘i for roadway purposes (containing an area of 0.098 acre). The improvements have been inspected and approved by the Department of Public Works, and received dedication approval from the Departments of Water Supply, Planning, and Environmental Management. Reference: Comm. 34 Intr. by: Mr. Kanuha Approve: PWPRC-2 Res. 26-13: ACCEPTS THE DEDICATION OF A PORTION OF ROAD LOTS 462, 463, 464, 465, 466 and DRAINAGE LOT 469, BEING A PORTION OF TAX MAP ST KEY: (3)2-4-008:014 (POR.), SITUATED AT KUKUAU 1, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY HAWAI‘I AND STATE OF HAWAI‘I, (HILO HILLSIDE ESTATES, PHASE 1) FROM MOANIALA HOLDINGS, LLC Moaniala Holdings, LLC, is desirous of dedicating the above road lots, including all subdivision improvements, to the County of Hawai‘i, for road and drainage purposes (containing an area of 2.140 acres/Lot 462, 1.098 acres/Lot 463, 1.050 acres/Lot 464, 1.271 acres/Lot 465, 0.473 acre/Lot 466, and 2.740 acres/Drainage Lot 469). The improvements have been inspected and approved by the Department of Public Works, and received dedication approval from the Departments of Water Supply, Planning, and Environmental Management. Reference: Comm. 45 Intr. by: Mr. Kanuha Approve: PWPRC-4 Page 3 Hawai‘i County Council-4 January 23, 2013 Res. 27-13: ACCEPTS GRANT OF EASEMENT AND BILL OF SALE FOR DRAINAGE ST SYSTEM FOR HILO HILLSIDE ESTATES, PHASE I, SITUATE AT KUKUAU 1, DISTRICT OF S. HILO, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I FROM MOANIALA HOLDINGS, LLC Moaniala Holdings, LLC, is desirous of granting the County of Hawai‘i the drainage system which is found in, over, and across the premises at Hilo Hillside Estates, Phase 1. The Departments of Public Works, Environmental Management, Water Supply, and Planning have no objection to the acceptance of the drainage system. Reference: Comm. 46 Intr. by: Mr. Kanuha Approve: PWPRC-5 Res. 30-13: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 10, VOTING, RELATING TO “KĀNALUA” Amends the use of the word “kānalua” to its original purpose. Any Council Member who has reservations, pro or con, on any motion may vote “kānalua.” Voting “kānalua” shall have the effect of abstention and that Council Member’s vote shall be recorded as “excused.” Reference: Comm. 50 Intr. by: Mr. Onishi Postponed: January 9, 2013 (Note: There is a pending motion by Mr. Onishi and duly seconded by Mr. Kern to approve Resolution 30-13.) ; and Comm. 50.1: From Council Member Dennis “Fresh” Onishi, dated January 11, 2013, transmitting proposed amendments to Resolution 30-13. The proposed amendments inserts a new third “Whereas” clause; deletes the fifth through ninth “Whereas” clause and replaces it with new language; and amends Rule No. 10, Section 5 of Exhibit A. Res. 31-13: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF A MULTI-FISCAL YEAR AGREEMENT FOR FURNISHING AND IMPLEMENTING ORGANIC WASTE DIVERSION SITES AND COMPOST OPERATIONS IN WEST HAWAI‘I AND EAST HAWAI‘I FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a multi-year contract for ten years with the ability to negotiate for two option periods of up to five years each to extend the contracted services, subject to review by the County Council, for services of furnishing and implementing organic waste diversion sites and compost operations in West Hawai‘i and East Hawai‘i for the Department of Environmental Management. This Resolution will supersede and replace Resolution No. 34-11, Draft 2, revoking the per-ton price limitation. Reference: Comm. 53 Intr. by: Ms. Poindexter Approve: FC-16 Page 4 Hawai‘i County Council-4 January 23, 2013 Res. 32-13: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FIRE RESCUE EQUIPMENT FOR USE BY THE HAWAI‘I FIRE DEPARTMENT’S FIRE RESCUE AND OCEAN SAFETY DIVISIONS Donated by the Daniel Sayre Memorial Foundation, the equipment and training tuition (valued at $48,279.56) will be used by the Fire Department’s Fire Rescue and Ocean Safety Divisions to provide for the safety of our Fire Department personnel and to facilitate the safe delivery of rescue services to the public. Reference: Comm. 55 Intr. by: Ms. Poindexter Approve: FC-19 Res. 33-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $1,500 TO THE HAWAI‘I COUNTY FIRE DEPARTMENT Donated by Hilo Wal-Mart, the funds will be used by the Fire Department’s Emergency Medical Services (EMS) Bureau towards the purchase EMS tablet computers. Reference: Comm. 56 Intr. by: Ms. Poindexter Approve: FC-20 Res. 34-13: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE, PURSUANT TO HRS 46-7, FOR A GRANT TO PURCHASE DESKTOP AND LAPTOP COMPUTER EQUIPMENT FOR THE HAWAI‘I FIRE DEPARTMENT’S EMERGENCY MEDICAL SERVICES (EMS) BUREAU The funds will be used by the Fire Department’s EMS Bureau to purchase desktop and laptop computer equipment as well as to update current desktop and lap top computers (many of which were purchased in 2006 and are now obsolete). Reference: Comm. 57 Intr. by: Ms. Poindexter Approve: FC-21 Res. 35-13: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO FIRE APPARATUS (FIRE TRUCKS) FOR THE HAWAI‘I FIRE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for two fire apparatus for the Fire Department. The estimated lease cost is $23,500 per month or $282,000 anually for both units. The apparatus are to replace Engine 15 at the North Kohala Fire Station and Engine 9 at the Waimea Fire Station. Reference: Comm. 58 Intr. by: Ms. Poindexter Approve: FC-23 Page 5 Hawai‘i County Council-4 January 23, 2013 Res. 36-13: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE JUDICIARY, STATE OF HAWAI‘I, AND ACCEPTS THE DONATION OF THE NORTH KOHALA COURTHOUSE, BEING LOCATED ON TAX MAP KEY: (3)5-4-005-001, SITUATED AT KAPA‘AU, DISTRICT OF NORTH KOHALA, COUNTY AND STATE OF HAWAI‘I, FROM THE JUDICIARY, STATE OF HAWAI‘I The Judiciary, State of Hawai‘i, will transfer ownership of the North Kohala Courthouse building located at 54-3900 Akoni Pule Highway, to the County on an “AS IS” and “WHERE IS” basis with no cost to the County. The Department of Parks and Recreation will accept this building for use in conjunction with its present facility located on the adjacent parcel. Reference: Comm. 60 Intr. by: Ms. Poindexter Approve: FC-25 Res. 39-13: AUTHORIZES THE ACCEPTANCE OF FIVE AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs)TO THE DEPARTMENT OF PARKS AND RECREATION Donated by the American Heart Association, the AEDs will be placed at the following Department of Parks and Recreation facilities: Kamanā Senior Center, Kea‘au Community Center (Senior Center), Pāhoa Senior Center, Waiākea Recreation Center, and Kula‘imano Park (Community Center). The Fire Department shall provide training in the use of the AEDs. Reference: Comm. 77 Intr. by: Mr. Onishi Waived: FC Res. 41-13: URGES THE LEGISLATURE TO APPROPRIATE FUNDS TO THE DEPARTMENT OF HEALTH FOR THE HAWAI‘I HEALTH SYSTEMS CORPORATION PRIMARY CARE TRAINING PROGRAM Urges the Hawai‘i State Legislature to appropriate $2,800,000 to the Department of Health for the fiscal year 2013-2014, and the same sum for the fiscal year 2014-2015 for the Hawai‘i Health Systems Corporation Primary Care Training Program. This is a statewide program administered by the Hilo Medical Center. Reference: Comm. 83 Intr. by: Mr. Onishi Waived: HSSSC Page 6 Hawai‘i County Council-4 January 23, 2013 Res. 42-13: STRONGLY URGES THE 2013 HAWAI‘I STATE LEGISLATURE TO REPEAL ACT 97 OF 2012 IN ITS ENTIRETY, RELATING TO GEOTHERMAL RESOURCES Strongly urges the 2013 State Legislature to repeal Act 97 of 2012 in its entirety, thus restoring Setions 205-5.1 and 205-5.2 to the Hawai‘i Revised Statutes, relating to geothermal resource subzone provisions, county permitting, and designating geothermal exploration and development as permissible uses in all four major land use districts. Reference: Comm. 87 Intr. by: Ms. Ford Waived: AWESC BILLS FOR ORDINANCES (FIRST READING) Bill 11: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Chapter 24, Article 10, Division 2, Section 24-265, Schedule 13 (Yield locations), subsection (a), Hāmākua, by adding a new item: “ ) Pa‘auilo Mauka Road, ( westbound and eastbound departures to bridge no. 43-8.” The amendment creates a vehicle yield on the bridge where it is wide enough for two cars to pass. There will be two yield conditions on Bridge No. 43-8, one at each end. Reference: Comm. 43 Intr. by: Mr. Kanuha Approve: PWPRC-3 Bill 12: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF $12,000,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I Authorizes the Mayor to execute all necessary intergovernmental agreements and documents between the State of Hawai‘i and County of Hawai‘i relating to the State Water Pollution Control Revolving Fund Loan (SRF Loan) to finance the construction of the Kealakehe Wastewater Treatment Plant Aeration Upgrade and Sludge Removal project. The County shall repay, over a term of 20 years, the principal amount which shall not exceed $12,000,000, at a fixed rate of interest, which shall not exceed the Bond Buyer’s 20-year general obligation bond issue. Reference: Comm. 51 Intr. by: Ms. Poindexter Approve: FC-14 Page 7 Hawai‘i County Council-4 January 23, 2013 Bill 13: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Public Works: Kealakehe Wastewater Treatment Plant (WWTP) Upgrade and Sludge Removal – State Revolving Fund (SRF) ($12,000,000); funds for this appropriation increase shall be provided from State Revolving Funds (SRF) ($12,000,000). The Kealakehe WWTP Aeration Upgrade is necessary to restore the plant’s treatment capacity to original design capacity, comply with an existing Department of Health variance, facilitate future upgrades of the facility, and to reduce electricity costs at the facility. Sludge removal is also required to maintain and upgrade the plant capacity and allow for the successful implementation and performance of the aeration system upgrade. (The design for this project is 95% completed and the construction is expected to begin in the second quarter of 2013.) Reference: Comm. 52 Intr. by: Ms. Poindexter Approve: FC-15 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 14: AUTHORIZES THE ISSUANCE OF UP TO $4,000,000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF A LANDFILL GAS COLLECTION AND CONTROL SYSTEM FOR THE COUNTY’S WEST HAWAI‘I SANITARY LANDFILL AT PU‘UANAHULU; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance and sale, in one or more series, Bonds of the County in an aggregate principal amount not to exceed $4,000,000 for the purpose of funding all or a portion of the costs (including costs of issuance of Bonds) of the Project. The installation of a Gas Collection and Control System at the West Hawai‘i Sanitary Landfill is required by December 17, 2013 in order to stay in compliance with regulations. This is the first phase of a system that will allow for landfill gas to be captured and burned in a landfill gas flare rather than being emitted to the atmosphere. The installation is expected to begin in the second quarter of 2013. Reference: Comm. 54 Intr. by: Ms. Poindexter Approve: FC-17 ; and (For informational purposes, companion Bill 15 continues on the next page.) Page 8 Hawai‘i County Council-4 January 23, 2013 Bill 15: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Public Works: Gas Collection and Control System (GCCS) – Pu‘uanahulu Landfill ($4,000,000); funds for this appropriation increase shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($4,000,000). Reference: Comm. 54 Intr. by: Ms. Poindexter Approve: FC-18 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 16: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in Federal Grants – United States Department of Agriculture (USDA) Rural Development Grant ($35,200); and appropriates same to USDA Rural Development Grant. Reference: Comm. 57 Intr. by: Ms. Poindexter Approve: FC-22 Bill 17: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Public Works: Māmalahoa Highway Phase I – Mānā Road – Federal ($56,000) and Māmalahoa Highway Phase I – Mānā Road – County ($14,000), for a total of $70,000; funds for this appropriation increase shall be provided from Federal Grants Receivable ($56,000) and General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($14,000), for a total of $70,000. Funds will be used to improve the intersection and add a left-turn pocket into Mānā Road, from the Māmalahoa Highway, in the town of Waimea, South Kohala, Hawai‘i. The $56,000 appropriation for Federal funding is needed for the planning, design, and engineering of the project. The County’s matching funding, for the same, will be $14,000. Reference: Comm. 59 Intr. by: Ms. Poindexter Approve: FC-24 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 9 Hawai‘i County Council-4 January 23, 2013 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 266 (Draft 5): PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25 (ZONING CODE) OF (2010-2012) THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO AGRICULTURAL TOURISM From Mayor William P. Kenoi, dated May 25, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern and Leeward Planning Commission Chair Geraldine Giffin. The amendments specifically relate to agricultural tourism: Amends article 1, subsection 25-1-5(b) by amending the definition of “Agricultural tourism” and adds new definitions; amends article 2, division 7, section 25-2-71 relating to applicability, plan approval required; amends article 2, division 7, section 25-2-75 relating to plan approval application requirements for agricultural tourism; amends article 2, division 7, section 25-2-76 relating to action on plan approval application; and amends article 4, division 1, section 25-4-15 relating to agricultural tourism. Reference: Comm. 745.29 Intr. by: Mr. Hoffmann First Reading: August 1, 2012 Postponed: August 15, 2012 Public Hearing: September 4, 2012 Postponed: September 19, 2012 Held Over: October 17, 2012 (Pursuant to Council Rule 24(e)) Postponed: November 9, 2012 Referred: November 21, 2012 (Referred back to the Planning Committee) Negative: PC-9 (Due to a vote of 9-noes) (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Ms. Smart to approve Bill 266, Draft 5.) Bill 333 (Draft 2): AMENDS CHAPTER 2, ARTICLE 44, OF THE HAWAI‘I COUNTY CODE 1983 (2010-2012) (2005 EDITION, AS AMENDED), RELATING TO THE HAWAI‘I COUNTY CULTURAL RESOURCES COMMISSION Amends Chapter 2, Article 44, Section 2-226(b), relating to Commission established; and Section 2-229(j) relating to powers and duties by adding language regarding traditional Native Hawaiian burial practices. Reference: Comm. 42.3 Intr. by: Mr. Yoshimoto First Reading: November 21, 2012 Postponed: December 19, 2012 Held Over: January 9, 2013 (Pursuant to Council Rule 24(e)) Page 10 Hawai‘i County Council-4 January 23, 2013 Bill 1: AMENDS THE STATE LAND USE (SLU) BOUNDARIES MAPS FOR THE COUNTY OF HAWAI‘I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE RURAL DISTRICT AT PU‘UKAPU ST HOMESTEADS 1, SOUTH KOHALA, HAWAI‘I (Applicant: Fumie Bonk; Approx. 1.004 Acres) From Mayor William P. Kenoi, dated November 20, 2012, transmitting the above bill and enclosures with a favorable recommendation from Leeward Planning Commission Chair Pro Tem Richard Nelson. The applicant requests a SLU Boundary Amendment from Agricultural to Rural to subdivide the property into two lots. Reference: Comm. 6 Intr. by: Mr. Kern First Reading: January 9, 2013 Bill 2: AMENDS SECTION 25-8-11 (LĀLĀMILO-PU‘UKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – FORTY ACRES (A-40a) TO RESIDENTIAL AND ST AGRICULTURAL – 0.5 ACRE (RA-.5) AT PU‘UKAPU HOMESTEADS 1, SOUTH KOHALA, HAWAI‛I, COVERED BY TAX MAP KEY: 6-4-001:099 (Applicant: Fumie Bonk; Approx. 1.004 Acres) From Mayor William P. Kenoi, dated November 20, 2012, transmitting the above bill and enclosures with a favorable recommendation from Leeward Planning Commission Chair Pro Tem Richard Nelson. The applicant requests a Change of Zone from A-40a to RA-.5a to allow for the subdivision of the property into two lots. Reference: Comm. 6 Intr. by: Mr. Kern First Reading: January 9, 2013 Bill 3: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO LIMITED INDUSTRIAL – 20,000 SQUARE FEET (ML-20) AT WAIĀKEA, SOUTH HILO, HAWAI‛I, COVERED BY TAX MAP KEY: 2-2-035:045 (Applicant: Dien-Jung Lin; Approx. 21,050 Square Feet) From Mayor William P. Kenoi, dated November 26, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern. The applicant requests a Change of Zone from RS-10 to ML-20 to allow the establishment of an office and parking for a tour operation. Reference: Comm. 8 Intr. by: Mr. Kern First Reading: January 9, 2013 Page 11 Hawai‘i County Council-4 January 23, 2013 Bill 4: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – State Homeland Security Program Fiscal Year 2010 ($119,487); and appropriates same to State Homeland Security Program Fiscal Year 2010. Funds will be used by the Civil Defense Agency to purchase specialized equipment to enhance the capability of State and County agencies to prevent and respond to incidents of terrorism and to support “all hazards” catastrophic preparedness initiatives. Reference: Comm. 17 Intr. by: Ms. Poindexter First Reading: January 9, 2013 Bill 5: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in Federal Grants – Sex Assault Forensic Examiner (SAFE) Grant ($52,068); and appropriates same to SAFE Grant. Reference: Comm. 19 Intr. by: Ms. Poindexter First Reading: January 9, 2013 Bill 6: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in Federal Grants – Improve Forensic Services ($26,048); and appropriates same to Improve Forensic Services. Reference: Comm. 20 Intr. by: Ms. Poindexter First Reading: January 9, 2013 Bill 7: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Speed Enforcement Grant ($2,991); and appropriates same to Speed Enforcement Grant. Funds will be used by the Police Department to purchase two additional Stealth Speed Data Collector units to monitor speeding in more locations (one unit will be used in Area 1 and the other will be used in Area II). Reference: Comm. 21 Intr. by: Ms. Poindexter First Reading: January 9, 2013 Page 12 Hawai‘i County Council-4 January 23, 2013 Bill 8: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Hawai‘i County Police Department (HCPD) Data Grant ($7,980); and appropriates same to HCPD Data Grant. Funds will be used by the Police Department to purchase a server needed for their crash data transfer project in order for the interface to work between HCPD and Hawai‘i Information Consortium/Hawai‘i Department of Transportation (HDOT). Reference: Comm. 22 Intr. by: Ms. Poindexter First Reading: January 9, 2013 Bill 9: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Sexual Assault Forensic Examiner (SAFE) Standby Pay ($12,061); and appropriates same to SAFE Standby Pay. Funds will be used by the Police Department to improve Hawai‘i County’s response to violent sex crimes against women through medical and forensic services for victims of sexual assault. Reference: Comm. 23 Intr. by: Ms. Poindexter First Reading: January 9, 2013 Bill 18: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in State Grants – Market Expansion Grant – 2013 Philadelphia International Flower Show (PIFS) ($60,000); and appropriates same to Market Expansion Grant – 2013 PIFS). Reference: Comm. 61 Intr. by: Ms. Poindexter First Reading: January 9, 2013 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended October 31, 2012, from the Department of Finance. Financial Report: Monthly Budget Status Report for the Month Ended November 30, 2012, from the Department of Finance. Page 13 Hawai‘i County Council-4 January 23, 2013 FC-12 (Comm. 38): Recommends the confirmation of the appointment of Mr. Michael B. Sumja (Council District 9) to the Salary Commission. FC-13 (Comm. 39): Recommends the confirmation of the appointment of Mr. Dean Au (Council District 4) to the Public Access, Open Space, and Natural Resources Preservation Commission. PC-5 (Comm. 36): Recommends the confirmation of the appointment of Mr. Frank Commendador to the Board of Appeals. PC-6 (Comm. 37): Recommends the confirmation of the appointment of Mr. Alvin A. Akina, Jr., to the Kailua Village Design Commission. PC-7 (Comm. 37): Recommends the confirmation of the appointment of Mr. Paul Bleck to the Kailua Village Design Commission. PC-8 (Comm. 41): Recommends the confirmation of the appointment of Mr. Jon Adams to the North Kohala Community Development Plan Action Committee. PSMTC-1 Recommends the confirmation of the appointment of Mr. David De Luz, Jr., (Comm. 40): (Council District 5) to the Fire Commission. REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawai‘i Revised Statutes, Section 92-4 and Rules No. 2 and No. 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 Page 14 Hawai‘i County Council-4 January 23, 2013 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 accommodations for this meeting should call 961-8255 by January 18, 2013. Relay users please call 711(961-8255) to contact our office. Public attendance via videoconference is available at the following locations until 4:30 p.m. or later in the event public witness testimony has not been completed:  County Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5  Pāhoa Council Office, Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 304 Public attendance via videoconference is available at the following location until 3:00 p.m. or later in the event public witness testimony has not been completed:  Hawaiian Ocean View Estates Community Center, 92-8924 Leilani Circle If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. 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 (14) Submitting Testimony: Those submitting written testimony at the meeting should bring copies for before 12:00 noon on the business day prior to the distribution. Public testimony may also be submitted meeting :(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by Please submit separate facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@co.hawaii.hi.us. testimony for each item. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) to before 12:00 noon on the business day prior to the meeting videotestimony@hawaiicounty.gov . The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, Each video submittal shall be limited to a single or report number), and number of testifiers on the video submittal. agenda item . 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 Allowable video content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). formats are to be internet-based, downloadable, and accessible to this office and the general public; e.g. YouTube being the most commonly known but any, of similar functionality and format we can access and review, is acceptable. Viewing of Meetings on Government Access Television - Channel 55: ththstth Wednesdays, January 30 and February 6 at 6 p.m.; Fridays, February 1 and 8 at 12 p.m.; and Sundays, rdth February 3 and 10 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-52/.) Page 15 Hawai‘i County Council-4 January 23, 2013 UPCOMING MEETINGS TUESDAY, FEBRUARY 5, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, FEBRUARY 6, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, FEBRUARY 19, 2013 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, FEBRUARY 20, 2013 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 16