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Home My WebLink AboutAGE COUNCIL 2013/08/07 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 19 Session ORDER OF BUSINESS Hawai‘i County Council 25 Aupuni Street Hilo, Hawai‘i Wednesday, August 7, 2013 9:00 a.m. INVOCATION Senior Pastor Morris Niimi of Puna New Hope Christian Fellowship 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-19 August 7, 2013 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Wayne Subica: Presentation of a Certificate of Merit Sponsored by Council Member Valerie T. Poindexter recognizing Wayne Subica for his devotion and generosity, enlivening our island communities with the “Spirit of Aloha.” Reference: Comm. 359 Toshiko “Shirley” Presentation of a Certificate of Merit Sponsored by Council Chair J Yoshimoto Ito: recognizing Toshiko “Shirley” Ito for receiving the 2013 Outstanding Older American Award for the State of Hawai‘i. Reference: Comm. 373 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-19 August 7, 2013 ORDER OF RESOLUTIONS Res. 143-13: APPROVES AND RATIFIES THE MEMORANDUM OF AGREEMENT FOR THE MĀMALAHOA BYPASS HIGHWAY BY THE COUNTY OF HAWAI‘I AND EDWARD SEIJI IKEDA, TRUSTEE OF THE EDWARD SEIJI IKEDA REVOCABLE TRUST DATED MAY 13, 1993, FOR THE ACQUISITION OF AND IMPROVEMENT OF RIGHT-OF-WAY LOT 29 BEING TAX MAP KEY: (3) 8-1-009:010 (POR.), 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 improvement of Right-of-Way Lot 29 (approx. 3,393 square feet) for public road and drainage purposes. Reference: Comm. 348 Intr. by: Mr. Kanuha Waived: PWPRC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 144-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $20,000 TO THE DEPARTMENT OF PUBLIC WORKS Donated by CVS Pharmacy Management. Funds will be used towards the crosswalk fund in the Waimea community. Reference: Comm. 349 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 3 Hawai‘i County Council-19 August 7, 2013 Res. 145-13: 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 Specifies that funds appropriated from the District Contingency Relief Account are to provide for a County-related project that has a clear public purpose and provides direct benefits to the community. Further specifies that nonprofit organizations receiving benefit from Chapter 2, Article 25, Section 2-139(a)(1) of the Hawai‘i County Code (Council administered grants-in-aid) be prohibited from also receiving District Contingency Relief funds during the same fiscal year. Reference: Comm. 350 Intr. by: Ms. Eoff WITHDRAWN BY INTRODUCER: Res. 146-13: AUTHORIZES THE ACCEPTANCE OF A TABLET PC TO THE OFFICE OF THE PROSECUTING ATTORNEY Donated by Dell Hawai‘i as part of its program to have businesses evaluate its equipment, the Dell Latitude 10 Tablet personal computer (valued at $1,223) will be used by the Office of the Prosecuting Attorney’s Hilo office. Reference: Comm. 351 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 4 Hawai‘i County Council-19 August 7, 2013 Res. 147-13: AUTHORIZES THE ACCEPTANCE OF A FIRE ENGINE Donated by Avalon Fire Department and Avalon City Council, the 1999 Ford Type 5 fire engine (estimated value of $3,000) will be used to support the Hawai‘i Fire Department and the Laupāhoehoe Volunteer Fire Company 17A personnel to assist with the response to, and extinguishment of, fire emergencies. Reference: Comm. 352 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 150-13: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR HOUSING ASSISTANCE PAYMENT CONTRACT WITH HOPE SERVICES, SERVICE PROVIDERS OF THE NĀ KAHUA HALE O ULU WINI, SELECTED FOR THE SECTION 8 PROJECT-BASED VOUCHER PROGRAM (PBV PROGRAM) AS OFFERED THROUGH A PUBLIC NOTICE DATED DECEMBER 2, 9, AND 16, 2012 The purpose of the PBV Program is to encourage property owners to make available rental housing units to low-income families that are not within the current housing fair market rents. The Office of Housing and Community Development would like to assist 24 units in the County under the funding available for this purpose. Reference: Comm. 356 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 5 Hawai‘i County Council-19 August 7, 2013 Res. 151-13: AUTHORIZES THE ACCEPTANCE OF THE MONETARY CONTRIBUTION FROM NA LEO ‘O HAWAI‘I, INC., FOR PRODUCTION COSTS ASSOCIATED WITH THE VIDEOTAPING OF COUNCIL MEETINGS Monetary contribution in the amount of $35,000 will ensure continued broadcasts of County Council meetings on Na Leo ‘O Hawai‘i. Reference: Comm. 357 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) Bill 97: AMENDS CHAPTER 24, ARTICLE 11, DIVISION 1, SECTION 24-302 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THIRTY-FIVE MILE PER HOUR SPEED LIMIT ON PRIVATE STREETS Establishes a speed limit of thirty-five miles per hour for Shower Drive, Kaloli Drive, Paradise Drive and Maku‘u Drive”; all in the Hawaiian Paradise Park Subdivision. Reference: Comm. 339 Intr. by: Mr. Kanuha Approve: PWPRC-26 ST PASSED 1 READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 6 Hawai‘i County Council-19 August 7, 2013 Bill 99: 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 Contributions from Private Source ($20,000); and appropriates same to Waimea Crosswalk fund. Reference: Comm. 349 Intr. by: Ms. Poindexter Waived: FC ST PASSED 1 READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 101: 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 Videotaping Contribution – Na Leo ‘O Hawai‘i ($35,000); and appropriates same to Videotaping – Na Leo ‘O Hawai‘i. Reference: Comm. 357 Intr. by: Ms. Poindexter Waived: FC ST PASSED 1 READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 7 Hawai‘i County Council-19 August 7, 2013 ORDER OF THE DAY (SECOND OR FINAL 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) First Reading: July 24, 2013 ND PASSED 2 AND FINAL READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 8 Hawai‘i County Council-19 August 7, 2013 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 First Reading: July 24, 2013 ND PASSED 2 AND FINAL READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 342: CLAIM AGAINST THE COUNTY OF HAWAII/TONG, AMY From Claims Investigator/Adjustor Clifford D. Victorine III, dated July 1, 2013, requesting an attorney-client confidential discussion to consult with the Council regarding a property damage claim occurring on or about May 9, 2012, submitted by Ms. Amy Tong. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. 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. Page 9 Hawai‘i County Council-19 August 7, 2013 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 10:12 A.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 August 5, 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 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. Page 10 Hawai‘i County Council-19 August 7, 2013 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: thstthrd Wednesdays, August 14 and 21 at 6 p.m.; Fridays, August 16 and 23 at 12 p.m.; and Sundays, thth August 18 and 25 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/.) UPCOMING MEETINGS 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 WEDNESDAY, SEPTEMBER 4, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street THURSDAY, SEPTEMBER 5, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 11