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Home My WebLink AboutAGE COUNCIL 2013/10/02 2012-2014 J YOSHIMOTO �N`�-o`"�k� BRENDA FORD ('hcrirperson and Presiding Of/rcer = ��r%�• ' GREGGOR ILAGAN DRU MAMO KANUHA IF \'iir.I 1 •r KAREN EOFF ZENDO KERN lice-Chairperson °.'•'�r DENNIS "FRESH" ONISHI ► VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 c=2 `) W rD 23"I Session . Cs. ORDER OF BUSINESS s Hawai`i County Council -- -- 25 Aupuni Street Hilo, Hawai`i Wednesday, October 2, 2013 9:00 a.m. INVOCATION Father Mike Scully of St. Joseph Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-23 October 2, 2013 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 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. 441: REQUEST TO HIRE SPECIAL COUNSEL FOR THE COUNTY OF HAWAI‘I IN THE MATTER OF THE PENDING BANKRUPTCY PROCEEDINGS INVOLVING HAWAI‘I OUTDOOR TOURS, INC. From Corporation Counsel Lincoln S. T. Ashida, dated September 20, 2013, requesting the Council to authorize the hiring of special counsel to assist Corporation Counsel attorneys in legal matters relating to the pending bankruptcy proceedings involving Hawai‘i Outdoor Tours, Inc., for a contract total of $25,000. Note: Requires 2/3 vote of the entire membership to authorize the employment of special counsel, pursuant to Section 6-5.5, Hawai‘i County Charter (Note: Under the topic heading of “Referrals for Executive Session” on this agenda, Communication 441 has been listed in anticipation that the Council may convene an executive session on this matter.) ORDER OF RESOLUTIONS BILLS FOR ORDINANCES (FIRST READING) Bill 124: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues in Federal Grants – Aggressive Driving Project ($19,112); appropriates same to Aggressive Driving Project. The funds will be used by the Police Department’s Aggressive Driving project to purchase additional speed detection radar units. Reference: Comm. 415 Intr. by: Ms. Poindexter Approve: FC-91 Page 2 Hawai‘i County Council-23 October 2, 2013 Bill 125: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues in Federal Grants – Hawai‘i County Police Department (HCPD) Roadblock Program ($32,367); appropriates same to HCPD Roadblock Program. The funds will be used by the Police Department’s Roadblock program to increase the number of Driving Under the Influence enforcement arrests during Fiscal Year 2013-2014. Reference: Comm. 416 Intr. by: Ms. Poindexter Approve: FC-92 Bill 126: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues in State Grants – Hawai‘i County Nutrition Program ($90,000); appropriates same to Hawai‘i County Nutrition Program. The funds will be used by the Parks and Recreation Department’s Elderly Activities Division to cover increases in meal costs for Home Delivered Meals services. Reference: Comm. 417 Intr. by: Ms. Poindexter Approve: FC-93 Bill 127: 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 Increases Public Works: Ali‘i Drive Culvert Replacement – County ($308,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($308,000). The Ali‘i Drive Culvert Replacement project will replace the existing culvert with a wider and longer bridge over the Waiaha drainageway on Ali‘i Drive. The funds will be used for consultant design services. Reference: Comm. 418 Intr. by: Ms. Poindexter Approve: FC-94 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 3 Hawai‘i County Council-23 October 2, 2013 Bill 128: 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: Māmalahoa Highway Improvements – County ($1,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($1,500,000). The Māmalahoa Highway Improvements project will improve the travel lanes along the Māmalahoa Highway from Kamāmalu Street to Waikelehua Place in the town of Waimea, South Kohala. The funds will be used for project engineering and construction. Reference: Comm. 419 Intr. by: Ms. Poindexter Approve: FC-95 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 129 (Draft 2): AMENDS CHAPTER 14 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO A HYDRAULIC FRACTURING POLICY Seeks to minimize public and private losses in the County due to the negative effects of hydraulic fracturing used in drilling operations for exploration and production of water, gas, oil, or minerals, or the exploration or production of geothermal energy or related research, including geologic research, by prohibiting hydraulic fracturing for any purpose. Reference: Comm. 421.57 Intr. by: Ms. Ford Approve: AWESC-11 Page 4 Hawai‘i County Council-23 October 2, 2013 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 64 (Draft 2): AMENDS CHAPTER 20, ARTICLE 2, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CLEARING OCCUPIED AND UNOCCUPIED LOTS Amends Article 2 to provide property owners impacted by refuse, uncultivated undergrowth, or unsafe flora that poses or is likely to pose an imminent danger for fire, health, safety, property damage, or crime hazard on an adjacent or abutting lot (whether that lot is occupied or unoccupied), the opportunity to file a complaint with the Office of the Mayor requesting the offending lot be cleared of said refuse, uncultivated undergrowth, or unsafe flora. Reference: Comm. 246.17 Intr. by: Mr. Kern First Reading: September 5, 2013 Postponed: September 18, 2013 (Note: There is a pending motion by Mr. Kern and duly seconded by Mr. Ilagan to approve Bill 64, Draft 2.) Bill 111: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL – ND TWO ACRES (FA-2a) AT MAIHI 2, NORTH KONA, HAWAI‛I, COVERED BY TAX MAP KEY: 7-9-003:PORTION 033 (Applicant: Harold Teshima; Approximately 2.00 Acres) The applicant requests a change of zone for a 2-acre portion of a 7.662-acre parcel of land, which is jointly owned by various members of the Teshima family, in order to subdivide the property into two parcels for estate planning and real property tax purposes. Reference: Comm. 391 Intr. by: Mr. Kern (B/R) First Reading: September 18, 2013 Page 5 Hawai‘i County Council-23 October 2, 2013 Bill 112: 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 – FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL – TWO ACRES (FA-2a) AT PU‘UKAPU ND HOMESTEADS 2, SOUTH KOHALA, HAWAI‛I, COVERED BY TAX MAP KEY: 6-4-018:087 (Applicant: Douglas and Ruth Dick; Approximately 5.001 Acres) The applicants request a change of zone to subdivide the property into two lots approximately two acres each. The applicants plan to convey the lots to each of their two children, one of whom intends to live on the property with her family. Reference: Comm. 392 Intr. by: Mr. Kern (B/R) First Reading: September 18, 2013 Bill 114: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues in Federal Grants – Distracted Driving Project ($12,083); appropriates same to Distracted Driving Project. The funds will be used by the Police Department for its Distracted Driving Program to reduce the number of drivers using an electronic mobile device while operating a motor vehicle and to increase the number of electronic mobile device citations. Reference: Comm. 395 Intr. by: Ms. Poindexter First Reading: September 18, 2013 Bill 115: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues in Federal Grants – Hawai‘i County Police Department (HCPD) Data Grant ($56,500); appropriates same to HCPD Data Grant. The funds will be used by the Police Department for its Data Grant Program to purchase in-vehicle laptop mounting systems. Reference: Comm. 396 Intr. by: Ms. Poindexter First Reading: September 18, 2013 Page 6 Hawai‘i County Council-23 October 2, 2013 Bill 116: 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: Title 23 Projects – Federal ($251,365); funds shall be provided from Title 23 Program Income – American Reinvestment and Recovery Act (ARRA) ($251,365). The Ane Keohokālole project required the installation of an underground line extension to power streetlights and an overhead line extension to power the Keahuolu Interpretive Center by Hawai‘i Electric Light Company (HELCO), which was paid for with ARRA funds. In accordance with HELCO’s Rule No. 13, part of this cost is refundable based on income generated by the line extensions over a five-year period (up to $251,365). Reference: Comm. 398 Intr. by: Ms. Poindexter First Reading: September 18, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 118: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues in Federal Grants – Occupant Protection Program ($13,000); appropriates same to Occupant Protection Program. The funds will be used by the Police Department for its Occupant Protection Program to purchase two Prism Inflatable Light 1000 systems for nighttime seat belt checkpoints. Reference: Comm. 403 Intr. by: Ms. Poindexter First Reading: September 18, 2013 Bill 123: 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 Federal Grants – Intelligent Transportation System (ITS) Communications Plan ($30,000); appropriates same to ITS Communications Plan. Reference: Comm. 414 Intr. by: Ms. Poindexter First Reading: September 18, 2013 Page 7 Hawai‘i County Council-23 October 2, 2013 REPORTS PWPRC-27 Recommends the confirmation of the appointment of Mr. James H. Traxler to the (Comm. 406): Veterans Advisory Committee. REFERRALS FOR EXECUTIVE SESSION Comm. 423: CLAIM AGAINST THE COUNTY OF HAWAI‘I/STATE FARM INSURANCE RE: NOAH EMBREE From Claims Investigator/Adjustor Clifford D. Victorine III, dated September 4, 2013, requesting an attorney-client confidential discussion in executive session to consult with the Council concerning a property damage claim occurring on or about February 4, 2013. Comm. 424: CLAIM AGAINST THE COUNTY OF HAWAI‘I/ALLSTATE INSURANCE RE: GORDON MONTIBON From Claims Investigator/Adjustor Clifford D. Victorine III, dated September 5, 2013, requesting an attorney-client confidential discussion in executive session to consult with the Council concerning a property damage claim occurring on or about May 6, 2013. Comm. 428: CLAIM AGAINST THE COUNTY OF HAWAI‘I BY CMR ON BEHALF OF VERIZON From Clifford D. Victorine III, dated September 10, 2013, requesting an attorney- client confidential discussion in executive session to consult with the Council concerning a property damage claim occurring on or about October 26, 2011. Comm. 429: CLAIM AGAINST THE COUNTY OF HAWAI‘I/CMR ON BEHALF OF HAWAIIAN TELCOM From Claims Investigator/Adjustor Clifford D. Victorine III, dated September 10, 2013, requesting an attorney-client confidential discussion in executive session to consult with the Council concerning a property damage claim occurring on or about September 16, 2010. Comm. 430: NICOLE K. NAMORDI V. JASON K. HAMADA, ET AL. CIVIL NO. CV12-00480 ACK/RLP From Deputy Corporation Counsel Michael J. Udovic, dated September 10, 2013, requesting an attorney-client confidential discussion in executive session to consult with the Council concerning an offer to settle the above-entitled lawsuit for damages filed on August 24, 2012. Page 8 Hawai‘i County Council-23 October 2, 2013 Comm. 431: GEORGE L. K. “KEOKI” KAI, JR., ET AL. V. COUNTY OF HAWAI‘I, ET AL., CIVIL NO. 09-1-0054 From Deputy Corporation Counsel Michael J. Udovic, dated September 10, 2013, requesting an attorney-client confidential discussion in executive session to consult with the Council concerning an offer to settle the above-entitled lawsuit for damages filed on January 26, 2010. Comm. 441: REQUEST TO HIRE SPECIAL COUNSEL FOR THE COUNTY OF HAWAI‘I IN THE MATTER OF THE PENDING BANKRUPTCY PROCEEDINGS INVOLVING HAWAI‘I OUTDOOR TOURS, INC. From Corporation Counsel Lincoln S. T. Ashida, dated September 20, 2013, requesting the Council to authorize the hiring of special counsel to assist Corporation Counsel attorneys in legal matters relating to the pending bankruptcy proceedings involving Hawai‘i Outdoor Tours, Inc., for a contract total of $25,000. Note: Requires 2/3 vote of the entire membership to authorize the employment of special counsel, pursuant to Section 6-5.5, Hawai‘i County Charter (Note: Under the topic heading of “Communications” on this agenda, Communication 441 has been listed so that the Council can discuss this matter.) 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. Page 9 Hawai‘i County Council-23 October 2, 2013 The meeting places are accessible for persons with disabilities. Persons who need special September 30, 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 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 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: thththth Wednesdays, October 9 and 16 at 6 p.m.; Fridays, October 11 and 18at 12 p.m.; and Sundays, thth October 13 and 20 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 10 Hawai‘i County Council-23 October 2, 2013 UPCOMING MEETINGS TUESDAY, OCTOBER 15, 2013 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, OCTOBER 16, 2013 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A TUESDAY, NOVEMBER 5, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, NOVEMBER 6, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 11