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Home My WebLink AboutAGE COUNCIL 2013/07/10 2012-2014 J YOSHIMOTO J�SVIOi p��, BRENDA FORD :.cRy�C Chairperson and Presiding Officer yl i14 ', GREGGOR ILAGAN :f/, :. DRU MAMO KANUHA KAREN EOFF r�="�= ZENDO KERN ` �? '` DENNIS"FRESH"ONISHI Vice-Chairperson ••: °.�P. `°f_"� VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai`i Hawaii County Building 25 Aupuni Street Hilo, Hawai`i 96720 17th Session ORDER OF BUSINESS `"' c".) Hawai`i County Council 25 Aupuni Street `"rn Hilo, Hawai`i Wednesday, July 10, 2013 9:00 a.m. INVOCATION Pastor Charles Kama of Hilo New Hope Christian Fellowship 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-17 July 10, 2013 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Hilo High School’s Presentation of Certificates of Merit Sponsored by Council Chair J Yoshimoto Hilo Vikings recognizing and congratulating Members of Hilo High School’s Hilo Vikings Robotics Team: Robotics Team for their exceptional team achievements during the 2012-2013 season. Reference: Comm. 318 Boy Scouts of Presentation of Certificates of Merit Sponsored by Council Member America – Eagle Dennis “Fresh” Onishi and Council Chair J Yoshimoto recognizing and Scout: congratulating Tyler H. Kojima and Dane Sako for their achievements in earning the Boy Scouts of America’s highest rank of Eagle Scout. Reference: Comm. 323 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES COMMUNICATIONS Comm. 326: APPOINTMENT OF BOBBY JEAN LEITHEAD-TODD AS ENVIRONMENTAL MANAGEMENT DIRECTOR From Mayor William P. Kenoi, dated June 3, 2013, submitting for Council’s confirmation the above appointment. Waived: EMC ; and Comm. 326.1: From Mayor William P. Kenoi, dated June 18, 2013, stating that pursuant to the requirements of the Charter of the County of Hawai‘i, Ms. Leithead-Todd’s appointment is effective June 3, 2013. Page 2 Hawai‘i County Council-17 July 10, 2013 Comm. 327: APPOINTMENT OF DUANE KANUHA AS PLANNING DIRECTOR From Mayor William P. Kenoi, dated June 3, 2013, submitting for Council’s confirmation the above appointment. Waived: PC ; and Comm. 327.1: From Mayor William P. Kenoi, dated June 18, 2013, stating that pursuant to the requirements of the Charter of the County of Hawai‘i, Mr. Kanuha’s appointment is effective June 3, 2013. ORDER OF RESOLUTIONS Res. 18-13 (Draft 3): ESTABLISHES A REAL PROPERTY TAX STAKEHOLDERS TASK FORCE Establishes the above titled task force under the direction of the Finance Director to address recommendations contained in the International Association of Assessing Officers (IAAO) Report, who will meet a minimum of once per month and shall submit quarterly reports to the Council that provide all findings and recommendations of the task force, addressing the recommendations in the IAAO Report. This task force will dissolve on November 30, 2014, unless the Council approves a one-year extension by resolution. Reference: Comm. 24.15 Intr. by: Ms. Wille Approve: FC-74 Postponed: June 18, 2013 (Note: There is a pending motion by Ms. Wille and duly seconded by Mr. Yoshimoto to approve Resolution 18-13, Draft 2, as amended.) Page 3 Hawai‘i County Council-17 July 10, 2013 Res. 134-13: AUTHORIZES THE ADOPTION OF USDA FORM RESOLUTION 1780-27 PROVIDING FOR A UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT LOAN TO FINANCE CERTAIN PUBLIC WATER SYSTEM IMPROVEMENTS IN WATER IMPROVEMENT DISTRICT NO. 19—KONA OCEAN VIEW PROPERTIES SUBDIVISION, NORTH KONA, HAWAI‘I; AUTHORIZES THE EXECUTION OF AN AGREEMENT WITH THE UNITED STATES OF AMERICA DEPARTMENT OF AGRICULTURE, PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, FOR A GRANT FOR COSTS OF SUCH PUBLIC WATER SYSTEM IMPROVEMENTS; AND AUTHORIZES THE MAYOR, MANAGER-CHIEF ENGINEER OF THE DEPARTMENT OF WATER SUPPLY, DIRECTOR OF FINANCE AND THE CHAIR OF THE COUNTY COUNCIL TO TAKE ALL ACTIONS NECESSARY TO FACILITATE SUCH LOAN AND GRANT Authorizes the Office of the Mayor to enter into a grant agreement with the United States Department of Agriculture (USDA) for a grant not to exceed $353,369, to be applied towards costs for Water Improvement District No. 19 – Kona Ocean View Properties Subdivision, and adopts the USDA Form Loan Resolution (Exhibit A) including the Certification To Be Executed At Loan Closing. Reference: Comm. 320 Intr. by: Ms. Eoff Waived: PWPRC Res. 135-13: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE (USFWS), PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, TO MEET OBLIGATIONS IMPOSED BY THE ENDANGERED SPECIES ACT (ESA), SECTION 7 MITIGATION EFFORTS The Ane Keohokālole Highway Project encroached into a portion of the 3.43 acre Aupaka Preserve located adjacent to the project and within the Kealakehe ahupua‘a. The agreed mitigation for project impact is for the County to pay USFWS $35,000. The funds will be used for Aupaka preservation efforts. Reference: Comm. 332 Intr. by: Ms. Poindexter Waived: FC Page 4 Hawai‘i County Council-17 July 10, 2013 Res. 136-13: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HEALTH, PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, FOR THE DEPOSIT BEVERAGE CONTAINER (DBC) PROGRAM GRANT Grant funds in the amount of $483,933 will be provided to the Environmental Management Department by the State Department of Health to assist with the implementation of the DBC program and to operate certified redemption centers at select County recycling centers. Reference: Comm. 333 Intr. by: Ms. Poindexter Waived: FC Res. 137-13: AUTHORIZES THE ACCEPTANCE OF 30 TORCH-DOWN DECALS Donated by McDonald’s of Hawai‘i, these torch-down decals (total estimated value of $2,000) will be used by the Public Works Department’s Traffic Division as part of McDonald’s Pedestrian Safety program. Reference: Comm. 334 Intr. by: Ms. Poindexter Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 91: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,169,000 FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF CONSTRUCTING A PUBLIC WATER SYSTEM SERVING THE KONA OCEAN VIEW PROPERTIES SUBDIVISION; FIXES THE FORM, DENOMINATION, AND CERTAIN DETAILS OF SUCH BONDS; AND PROVIDES FOR THE SALE OF SUCH BONDS Authorizes the issuance and sale of the bonds to the United States Department of Agriculture Rural Development in an aggregate principal amount not to exceed $1,169,000. The proceeds derived from the sale shall be used to pay a portion of the costs of the Water System Improvement District for the Kona Ocean View Properties Subdivision, and costs incurred by the County in connection with the issuance of these bonds. Reference: Comm. 321 Intr. by: Ms. Eoff Waived: PWPRC Page 5 Hawai‘i County Council-17 July 10, 2013 Bill 92: PROVIDES FOR THE COST OF WATER SYSTEM IMPROVEMENTS IN “IMPROVEMENT DISTRICT NO. 19 - KONA OCEAN VIEW PROPERTIES SUBDIVISION,” DISTRICT OF NORTH KONA, COUNTY OF HAWAI‘I, FIXES THE PORTION OF THE COST TO BE ASSESSED AGAINST BENEFITED ASSESSMENT UNITS, ADOPTS FINAL ASSESSMENT ROLL, IMPOSES ASSESSMENT LIEN AGAINST EACH ASSESSMENT UNIT ASSESSED ACCORDING TO THE ASSESSMENT, PROVIDES FOR PAYMENT OF ASSESSMENTS IN INSTALLMENTS, AND AUTHORIZES FURTHER ACTIONS BY THE DIRECTOR OF FINANCE Creates a special fund to be known as “Improvement District No. 19 – Kona Ocean View Properties Subdivision,” into which the funds for the costs of the improvements and all money collected by the Director of Finance for assessments levied by this ordinance shall be placed (the total estimated cost of the authorized improvements in the Improvement District is $1,569,369). Reference: Comm. 322 Intr. by: Ms. Eoff Waived: PWPRC Bill 94: AMENDS ORDINANCE NO. 13-66, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2013 TO JUNE 30, 2014 Adds Public Works: New Streetlight Installation State Roadways Islandwide – State ($700,000); funds for this appropriation increase shall be provided from State Capital Improvements Project Funds ($700,000). Funds will be used to replace existing Low Pressure Sodium streetlights with Light Emitting Diode streetlights along State roadways. Reference: Comm. 331 Intr. by: Ms. Poindexter Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 95: 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 State Grants – Beverage Container Deposit Program ($483,933); and appropriates same to Beverage Container Deposit Program. Reference: Comm. 333 Intr. by: Ms. Poindexter Waived: FC Page 6 Hawai‘i County Council-17 July 10, 2013 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 75: AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-89.5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO KULEANA LAND EXEMPTIONS Eliminates residential and agricultural zoning restrictions and allows qualified parcels in residential use, agricultural use, or vacant land to be eligible for a kuleana land exemption. Also, clarifies that the use of property as a vacation rental does not qualify as a residential use for the purpose of a kuleana land exemption. Reference: Comm. 267 Intr. by: Ms. Poindexter First Reading: June 18, 2013 Bill 80: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI‘I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT ST PUNAHOA 1, SOUTH HILO, HAWAI‘I (TMK: 2-5-023:015) (Applicant: Nobuchika Santo; Area: 1.0 acre) The subject property is located along the south side of Ainako Avenue, st approximately 360 feet west from its intersection with Kokea Street, Punahoa 1 nd and 2, South Hilo. Reference: Comm. 278 Intr. by: Mr. Kern (B/R) First Reading: June 18, 2013 Bill 81: 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 AGRICULTURAL – 1 ACRE (A-1a) TO SINGLE-FAMILY RESIDENTIAL – ST 15,000 SQUARE FEET (RS-15) AT PUNAHOA 1, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-5-023:015 (Applicant: Nobuchika Santo; Area: 1.0 acre) The applicant requests a change of zone for the one-acre (A-1a) portion of the site to construct a second dwelling in the future, should needs arise, thus necessitating the change of zone to RS-15. Reference: Comm. 278 Intr. by: Mr. Kern (B/R) First Reading: June 18, 2013 Page 7 Hawai‘i County Council-17 July 10, 2013 Bill 82 (Draft 2): AMENDS CHAPTER 24, ARTICLE 11, DIVISION 1, SECTION 24-298 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Establishes speed limits in the Hawai‘i County Code for the Hawaiian Paradise Park Subdivision so that speed limits can be properly enforced by the police. Amends Schedule 2, 15 mile per hour limit, subsection (g), Puna, by adding, “Hawaiian Paradise Park Subdivision, all unpaved roads.” Reference: Comm. 282.1 Intr. by: Mr. Kanuha First Reading: June 18, 2013 Bill 83: AMENDS CHAPTER 24, ARTICLE 11, DIVISION 1, SECTION 24-300 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Establishes speed limits in the Hawai‘i County Code for the Hawaiian Paradise Park Subdivision so that speed limits can be properly enforced by the police. Amends Schedule 4, 25 mile per hour limit, subsection (g), Puna, by adding, “Hawaiian Paradise Park Subdivision, all paved roads except for Shower Drive, Kaloli Drive, Paradise Drive and Makuu Drive.” Reference: Comm. 283 Intr. by: Mr. Kanuha (B/R) First Reading: June 18, 2013 Bill 85: AMENDS CHAPTER 24, ARTICLE 4, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FEES Amends Sections 24-17, 24-18, and 24-19 pertaining to motor vehicle tax computation, motor vehicle tax minimum tax, and vehicle registration fees by providing additional revenue for the Highway Fund to support road maintenance and transportation operations. Reference: Comm. 289 Intr. by: Ms. Poindexter First Reading: June 18, 2013 REPORTS Page 8 Hawai‘i County Council-17 July 10, 2013 REFERRALS FOR EXECUTIVE SESSION Comm. 301: JULIE ANN HYNES V. COUNTY OF HAWAI‘I V. CULLEN K. SPENCER; CIVIL NO. 11-1-372K From Deputy Corporation Counsel Kimberly K. Angay, dated May 29, 2013, requesting an attorney-client confidential discussion to consult with the Council regarding matters pertaining to an offer to settle the above-entitled lawsuit for damages filed on September 13, 2011, involving personal injury resulting from a motor vehicle collision. 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 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 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 July 8, 2013 accommodations for this meeting should call 961-8255 by . 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:  Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A  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 also 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 Page 9 Hawai‘i County Council-17 July 10, 2013 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 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). Allowable video 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: ththththst Wednesdays, July 17 and 24 at 6 p.m.; Fridays, July 19 and 26 at 12 p.m.; and Sundays, July 21 th and 28 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/.) UPCOMING MEETINGS TUESDAY, JULY 23, 2013 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, JULY 24, 2013 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 10 Hawai‘i County Council-17 July 10, 2013 TUESDAY, AUGUST 6, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, AUGUST 7, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM – HILO 25 Aupuni Street Page 11