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Home My WebLink AboutAGE COUNCIL 2013/05/01 2012-2014 ACTIONS J YOSHIMOTO BRENDA FORD GREGGOR ILAGAN Chairperson and Presiding Officer DRU MAMO KANUHA KAREN EOFF ZENDO KERN DENNIS “FRESH” ONISHI Vice-Chairperson VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 11 Session ORDER OF BUSINESS West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i Wednesday, May 1, 2013 9:00 a.m. INVOCATION Pastor Jason Meechan of Thy Word Ministries CALL TO ORDER 9:06 A.M. 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-11 May 1, 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. 253: NOMINATES MR. DEAN AU TO THE BOARD OF APPEALS From Mayor Billy Kenoi, dated April 12, 2013, submitting for Council’s review and confirmation the nomination of Mr. Au to the Board of Appeals. Waived: FC APPROVED: AYES: Council Members Ilagan, Kanuha, Kern, Onishi, Poindexter, Yoshimoto, and Acting Chair Eoff – 7. NOES: Council Members Ford and Wille – 2. ABSENT: None. EXCUSED: None. Comm. 254: NOMINATES MS. BRENDA IOKEPA-MOSES (COUNCIL DISTRICT 6) TO THE WATER BOARD From Mayor Billy Kenoi, dated April 12, 2013, submitting for Council’s review and confirmation the nomination of Ms. Iokepa-Moses to the Water Board. Waived: PC APPROVED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 2 Hawai‘i County Council-11 May 1, 2013 ORDER OF RESOLUTIONS Res. 98-13: ACKNOWLEDGES RECEIPT OF A CORRECTED MAP, PRELIMINARY ASSESSMENT ROLL, DESCRIPTION OF ASSESSMENT UNITS TO BE ASSESSED AND CONSTRUCTION CONTRACT BID OF THE LOWEST RESPONSIBLE AND RELIABLE BIDDER FOR A WATER SYSTEM IMPROVEMENT DISTRICT FOR THE KONA OCEAN VIEW PROPERTIES SUBDIVISION, AND SETTING THE DATE, TIME, AND PLACE OF A PUBLIC HEARING TO BE HELD CONCERNING SUCH ITEMS PURSUANT TO SECTION 12-27, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) Sets a public hearing to be held at 6:00 p.m. on June 4, 2013, at the West Hawai‘i Civic Center Council Chambers regarding the matters set forth in the Corrected Map, Preliminary Assessment Roll, Description of Assessment Units and Construction Bid concerning a public water system to serve the Kona Ocean View Properties Subdivision. Reference: Comm. 235 Intr. by: Ms. Eoff Waived: PWPRC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: None. EXCUSED: Council Member Eoff – 1. Res. 100-13: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 OF THE HAWAI‘I REVISED STATUTES FOR THE PROPOSED HILO ADULT DAY CENTER AT MOHOULI HEIGHTS SENIOR HOUSING PROGRAM IN SOUTH HILO, HAWAI‘I The exemptions waive the requirement for a use permit for the Hilo Adult Day Center Project, and allows a reduction in the parking requirement from one for every 200 square feet to one for every 300 square feet of gross floor area. Reference: Comm. 237 Intr. by: Mr. Ilagan ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 3 Hawai‘i County Council-11 May 1, 2013 Res. 101-13: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO EXECUTE AND SUBMIT THE 2013 ACTION PLAN AND ALL OTHER RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND TO THE STATE’S HAWAI‘I HOUSING FINANCE AND DEVELOPMENT CORPORATION FOR THE HOME INVESTMENT PARTNERSHIPS PROGRAMS The County anticipates a 2013 CDBG allocation of $2,500,000 and $75,000 of program income from the Residential Emergency Repair Program, for a total of $2,575,000 of CDBG funds. The County shall utilize these funds in accordance with program rules and regulations and comply with the program certifications attached to the Action Plan. Reference: Comm. 238 Intr. by: Mr. Ilagan ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 103-13: URGES THE MAYOR TO INITIATE AN AMENDMENT TO THE FISCAL YEAR 2012-13 OPERATING BUDGET TO APPROPRIATE $500,000 FROM THE CURRENT FUND BALANCE TO THE HAWAI‘I FIRE DEPARTMENT’S CURRENT OPERATING BUDGET Funds would be used by the Fire Department to address identified safety needs for the duration of the Fiscal Year 2012-2013. Reference: Comm. 244 Intr. by: Ms. Wille Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. (For informational purposes, Ms. Poindexter voted “kānalua” and “aye.”) Page 4 Hawai‘i County Council-11 May 1, 2013 Res. 107-13: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 5, COMMITTEES, RELATING TO THE ABILITY OF A COMMITTEE CHAIRPERSON TO SPEAK ON MATTERS BEFORE HIS OR HER COMMITTEE Allows a Committee Chairperson to speak on a matter without relinquishing the Chair, provided all Members of the Committee have had an opportunity to speak and the Chairperson is not the introducer of the item considered. Reference: Comm. 255 Intr. by: Mr. Kern POSTPONED TO THE MAY 15, 2013, COUNCIL MEETING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) Bill 58: AMENDS CHAPTER 14, ARTICLE 9, SECTION 14-55 (Tables) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) Allows for the use of Class II LED fixtures within all private and public right-of-ways by amending Table 14-A (deletes the language in “Operation Restrictions” and replaces it with “None”). Reference: Comm. 223 Intr. by: Mr. Kanuha Approve: PWPRC-17 ST PASSED 1 READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 5 Hawai‘i County Council-11 May 1, 2013 Bill 60: 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 – 2013 Block Grant ($2,500,000) and Block Grant – Program Income ($75,000), for a total of $2,575,000; and appropriates to the following: Waiākea Fire Station – Fire Ladder Truck Acquisition ($800,000), Removal of Architectural Barriers – Americans with Disabilities Act Compliance – Various County Facilities ($705,000), Kamakoa Mutual Self-Help Housing – Land Acquisition ($200,000), Boys and Girls Club of the Big Island – Certified Kitchen Construction ($320,000), Hilo Adult Day Care – Plans and Design ($200,000), and Administration, Planning & Fair Housing ($350,000), for a total of $2,575,000. Reference: Comm. 239 Intr. by: Mr. Ilagan ST PASSED 1 READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 66: 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 Impact Grant ($72,964); and appropriates same to Hawai‘i Impact Grant. Funds will be used by the Police Department to conduct sting operations to combat Hawai‘i Island’s methamphetamine drug problem. Reference: Comm. 249 Intr. by: Ms. Poindexter Waived: FC ST PASSED 1 READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. ; and Comm. 249.1: From Finance Committee Chair Valerie T. Poindexter, dated April 22, 2013, requesting that this matter be waived to Council for immediate action. Page 6 Hawai‘i County Council-11 May 1, 2013 Bill 67: 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 State Grants – Department of Health – Tobacco Sting ($12,000); and appropriates same to Department of Health – Tobacco Sting. Funds will be used by the Police Department to provide continued enforcement operations to prohibit the sale of tobacco to minors, and extends the performance period from August 1, 2013, to July 31, 2014 (reference Memorandum of Agreement 13-06 with the State Department of Health Alcohol and Drug Abuse Division). Reference: Comm. 250 Intr. by: Ms. Poindexter Waived: FC ST PASSED 1 READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. ; and Comm. 250.1: From Finance Committee Chair Valerie T. Poindexter, dated April 22, 2013, requesting that this matter be waived to Council for immediate action. Page 7 Hawai‘i County Council-11 May 1, 2013 Bill 68: 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 – Enforcement State Law Prohibiting Alcohol Sales to Minors ($12,000); and appropriates same to Enforcement State Law Prohibiting Alcohol Sales to Minors. Funds will be used by the Police Department to provide continued enforcement operations to prohibit the sale of alcohol to minors, and extends the performance period from June 1, 2013, to May 31, 2014 (reference Memorandum of Agreement 12-13 with the State Department of Health Alcohol and Drug Abuse Division). Reference: Comm. 251 Intr. by: Ms. Poindexter Waived: FC ST PASSED 1 READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. ; and Comm. 251.1: From Finance Committee Chair Valerie T. Poindexter, dated April 22, 2013, requesting that this matter be waived to Council for immediate action. Page 8 Hawai‘i County Council-11 May 1, 2013 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 57: 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 Fund Balance Reserved for Liquor Control ($30,000); and appropriates same to Public Programs ($17,500) and Travel/Conferences ($12,500), for a total of $30,000. Funds will be used to continue the Department of Liquor Control’s DAT (Drug, Alcohol, Tobacco) Awareness Program, and to attend the 2013 National Conference of State Liquor Administrators. Reference: Comm. 219 Intr. by: Ms. Poindexter First Reading: April 17, 2013 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. REPORTS FC-60: Recommends the confirmation of the appointment of Mr. Donald J. David to (Comm. 230) the Tax Board of Review. APPROVED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. PC-34: Recommends the confirmation of the appointment of (Comm. 234) Mr. Russell M. Arikawa (Council District 3) to the Water Board. APPROVED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 9 Hawai‘i County Council-11 May 1, 2013 PSMTC-9: Recommends the confirmation of the appointment of (Comm. 231) Ms. Wendy Mapuana Waipa (Council District 3) to the Fire Commission. APPROVED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. PSMTC-10: Recommends the confirmation of the appointment of (Comm. 232) Mr. Robert G. Gomes, Sr., (Council District 6) to the Police Commission. APPROVED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. PSMTC-11: Recommends the confirmation of the appointment of Mr. Alton Nosaka (Comm. 233) (Council District 4) to the Transportation Commission. APPROVED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. 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 10:49 A.M. Page 10 Hawai‘i County Council-11 May 1, 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 April 29, 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 also available at the following locations until 4:30 p.m. or later in the event public witness testimony has not been completed:  Hilo 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 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. Page 11 Hawai‘i County Council-11 May 1, 2013 Viewing of Meetings on Government Access Television - Channel 55: ththththth Wednesdays, May 8 and 15 at 6 p.m.; Fridays, May 10 and 17 at 12 p.m.; and Sundays, May 12 th and 19 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 MONDAY, MAY 13, 2013 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE COUNCIL 25 Aupuni Street TUESDAY, MAY 14, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, MAY 15, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street THURSDAY, MAY 30, 2013 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE COUNCIL 25 Aupuni Street Page 12