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Home My WebLink AboutAGE COUNCIL 2013/07/24 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 18 Session ORDER OF BUSINESS West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i Wednesday, July 24, 2013 9:00 a.m. INVOCATION Reverend Tullos Jones of Kona Baptist Church CALL TO ORDER 9:09 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-18 July 24, 2013 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE K. Angel Pilago: Presentation by Council Member Dennis “Fresh” Onishi of a Resolution from the Hawai‘i State Association of Counties extending its sincere gratitude to former Council Member K. Angel Pilago for his commitment, passion, and dedication to serving the people of Hawai‘i. Reference: Comm. 337 George Applegate: Presentation of a Certificate of Merit Sponsored by Council Chair J Yoshimoto recognizing George Applegate for his many years of dedication and service to the County of Hawai‘i. Reference: Comm. 341 9:30 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 Page 2 Hawai‘i County Council-18 July 24, 2013 ORDER OF RESOLUTIONS Res. 133-13: URGES THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND THE HAWAI‘I STATE LEGISLATURE TO ASSIST IN CREATING A SAFE SWIM AREA NEAR THE POHOIKI BOAT RAMP IN THE DISTRICT OF PUNA AND TO PROVIDE FUNDING FOR A FEASIBILITY STUDY Supports the effort to create a safe swim area in the Puna district, and urges the National Oceanic and Atmospheric Administration and the Hawai‘i State Legislature to work with the County Administration to fund and undertake a feasibility study for its creation. Reference: Comm. 319 Intr. by: Mr. Kern Approve: GREDC-2 ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 138-13: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 27, COUNCIL MEMBERS, STAFF AND ALLOWANCES; RELATING TO THE DISTRICT CONTINGENCY RELIEF ACCOUNT Clarifies that funding by the District Contingency Relief Account shall be limited to County projects and programs, and disallows appropriations to nonprofits. This amendment is contingent upon the approval of Bill 90, which repeals Chapter 2, Article 25, Section 2-139, Subsection (a), paragraph (2), of the Hawai‘i County Code 1983 (2005 Edition, as amended), the provision that allows for the use of District Contingency Relief funds towards nonprofit organizations. Reference: Comm. 335 Intr. by: Mr. Onishi WITHDRAWN BY INTRODUCER Page 3 Hawai‘i County Council-18 July 24, 2013 Res. 139-13: AUTHORIZES THE ACCEPTANCE OF A CARGO TRUCK Donated by Rick Crosby and several others from the Ocean View Community, the 1998 M903, five-ton cargo truck (total estimated value of $2,450), will be used to support the Fire Department and the Ocean View Volunteer Fire Company personnel to assist with the response to, and extinguishment of, fire emergencies. Reference: Comm. 340 Intr. by: Ms. Poindexter 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. Res. 141-13: APPROVES AND RATIFIES THE MEMORANDUM OF AGREEMENT FOR THE MĀMALAHOA BYPASS HIGHWAY BY THE COUNTY OF HAWAI‘I AND CAROLINE MAE SMITH, TRUSTEE OF THE ALFRED WHITAKER SMITH REVOCABLE TRUST UNDER UNRECORDED TRUST AGREEMENT DATED AUGUST 2, 1985, AS COMPLETELY RESTATED AND AMENDED BY UNRECORDED FIFTH AMENDMENT DATED MARCH 4, 1993, FOR THE ACQUISITION OF AND IMPROVEMENT OF RIGHTS-OF-WAY LOTS 25 AND 26, BEING TAX MAP KEYS: (3) 8-1- 009:004 (LOT 25) AND (3) 8-1-009:005 (LOT 26), SITUATED AT KA‘AWALOA, DISTRICT OF SOUTH KONA, ISLAND, COUNTY AND STATE OF HAWAI‘I Approval and ratification of the Memorandum of Agreement for the acquisition and improvements of Rights-of-Way Lots 25 and 26 (0.480 acre and 0.069 acre, respectively), for public road and drainage purposes. Reference: Comm. 344 Intr. by: Mr. Kanuha Waived: PWPRC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 4 Hawai‘i County Council-18 July 24, 2013 BILLS FOR ORDINANCES (FIRST READING) Bill 88: 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 NEIGHBORHOOD COMMERCIAL – 20,000 SQUARE FEET (CN-20) AT WAIĀKEA, SOUTH HILO, HAWAI‛I, COVERED BY TAX MAP KEY 2-2-025:024 (PORTION) (Applicant: 1366 Kino‘ole Partners LLC; Approx. 5,202 Square Feet) From Mayor William P. Kenoi, dated May 13, 2013, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Wallace A. Ishibashi, Jr. Tax Map Key: 2-2-025:024 (portion) consists of 21,010 square feet of land zoned CN-20 and approximately 5,202 square feet of land (former railroad remnant) zoned RS-10. The applicant requests the change in zone in order to make the zoning of the former railroad remnant consistent with the rest of the parcel. Reference: Comm. 297 Intr. by: Mr. Kern (B/R) Approve: PC-40 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-18 July 24, 2013 Bill 90: AMENDS CHAPTER 2, ARTICLE 25, SECTION 2-139 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AWARDING OF CONTINGENCY RELIEF FUNDS TO NONPROFIT ORGANIZATIONS Repeals the process of awarding grants from the District Contingency Relief fund to nonprofit organizations. Reference: Comm. 313 Intr. by: Mr. Onishi Approve: FC-75 POSTPONED TO CALL OF THE CHAIR: AYES: Council Members Kanuha, Kern, Onishi, Poindexter, Yoshimoto, and Acting Chair Eoff – 6. NOES: Council Members Ford, Ilagan, and Wille – 3. ABSENT: None. EXCUSED: None. (For informational purposes, Mr. Onishi voted “Kānalua” and “Yes.”) Bill 93: 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 Hawai‘i Energy Rebate – State ($44,112); and appropriates same to Light Emitting Diode (LED) Light Rebate Program. Funds would be used towards future energy savings efforts by the Public Works Department’s Traffic Division. Reference: Comm. 325 Intr. by: Ms. Poindexter Approve: FC-76 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 6 Hawai‘i County Council-18 July 24, 2013 ORDER OF THE DAY (SECOND OR FINAL 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 First Reading: July 10, 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. Page 7 Hawai‘i County Council-18 July 24, 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 First Reading: July 10, 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. Page 8 Hawai‘i County Council-18 July 24, 2013 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 First Reading: July 10, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter 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. 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 First Reading: July 10, 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. Page 9 Hawai‘i County Council-18 July 24, 2013 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended May 31, 2013, from the Department of Finance. ACCEPTED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. PC-37 (Comm. 328): Recommends the confirmation of the appointment of Mr. Joel J. Cohen to the South Kohala Community Development Plan Action Committee. APPROVED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. PC-38 (Comm. 329): Recommends the confirmation of the appointment of Mr. Douglas Payne to the Kona Community Development Plan Action Committee. APPROVED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. PC-39 (Comm. 330): Recommends the confirmation of the appointment of Ms. Barbara A. K. Nobriga to the Leeward Planning Commission. APPROVED: AYES: Council Members Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 10 Hawai‘i County Council-18 July 24, 2013 PSMTC-12 Recommends the confirmation of the appointment of Mr. Kenneth Obenski (Comm. 312): (Council District 6) 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 2:18 P.M. 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 22, 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 Page 11 Hawai‘i County Council-18 July 24, 2013 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: stthndth Wednesdays, July 31 and August 7 at 6 p.m.; Fridays, August 2 and 9 at 12 p.m.; Sundays, thth August 4 and 11 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 12 Hawai‘i County Council-18 July 24, 2013 UPCOMING MEETINGS TUESDAY, JULY 30, 2013 SPECIAL MEETING OF 9:00 A.M. WEST HAWAI‘I CIVIC CENTER THE PUBLIC SAFETY AND 74-5044 Ane Keohokālole Highway MASS TRANSIT COMMITTEE Building A RE BILL 79 (PROHIBITION OF GENETICALLY MODIFIED ORGANISMS) (RECESSED FROM JULY 2, 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 TUESDAY, AUGUST 20, 2013 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, AUGUST 21, 2013 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 13