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Home My WebLink AboutAGE COUNCIL 2013/09/05 2012-2014 J YOSHIMOTO �,<r OF ,• BRENDA FORD ('hairperson and Presiding Officer s^��%ti GREGGOR ILAGAN . . ��., '/, :. DRU MAMO KANUHA KAREN EOFF ZENDO KERN G"ice-Chairperson � '.+i4r :� P;:' DENNIS"FRESH"ONISHI `0F "� VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street W� Hilo, Hawai`i 96720 t n CD -i '-&J --4 C7 )-C 21st Session N ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Thursday, September 5, 2013 9:00 a.m. INVOCATION Reverend Brian Welsh of Haili Church 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-21 September 5, 2013 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Ciera Min: Presentation of a Certificate of Merit Sponsored by Council Member Dennis “Fresh” Onishi recognizing Ciera Min for becoming the first female to win the Big Island Amateur Golf Title. Reference: Comm. 412 9:15 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. 405: APPOINTMENT OF DONALD F. JACOBS AS DIRECTOR OF INFORMATION TECHNOLOGY From Mayor William P. Kenoi, dated August 13, 2013, submitting for Council’s confirmation the above appointment. Waived: FC ORDER OF RESOLUTIONS Res. 157-13: ACCEPTS THE NEGOTIATED LEASE AGREEMENT FOR HĀMĀKUA LANDS IDENTIFIED AS TAX MAP KEY: (3)4-3-007-001 WITH ABBA’S GARDEN LLC, PURSUANT TO SECTION 2-114 OF THE HAWAI‘I COUNTY CODE Resolution 38-11 authorized the lease of certain County of Hawai‘i owned lands, identified above, and required that the negotiated lease agreement for those lands be accepted by the County Council. Reference: Comm. 371 Intr. by: Ms. Poindexter Approve: FC-82 Page 2 Hawai‘i County Council-21 September 5, 2013 Res. 163-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR THE PUNA REGIONAL EMERGENCY PREPAREDNESS (PREP) FAIR Transfers/appropriates $3,000 out and from Clerk-Council Services – Contingency Relief; credits same to Civil Defense Agency, Civil Defense Agency Other Current Expenses, Miscellaneous Contract Services (PREP Fair). Contingency Relief funds from Council District 4 will be used within the current fiscal year for the PREP Fair. Reference: Comm. 386 Intr. by: Mr. Ilagan Waived: FC Res. 164-13: URGES THE HAWAI‘I STATE LEGISLATURE TO APPROVE A NEW BACHELOR OF SCIENCE IN ENGINEERING (BSE) DEGREE PROGRAM AT THE UNIVERSITY OF HAWAI‘I AT HILO Urges the Hawai‘i State Legislature to approve the BSE program to enable it to commence in the academic year of 2014 to 2015, and to include adequate and accessible engineering education and facilities. Reference: Comm. 387 Intr. by: Mr. Ilagan Waived: GREDC Res. 166-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $100 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT THE 2013 OHANA SHORELINE FISHING TOURNAMENT Donated by Rourk’s Place LLC, the funds will be used by the Parks and Recreation Department to provide prizes for the 2013 Ohana Shoreline Fishing Tournament. Reference: Comm. 399 Intr. by: Ms. Poindexter Waived: FC Page 3 Hawai‘i County Council-21 September 5, 2013 Res. 167-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $30 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT THE 2013 OHANA SHORELINE FISHING TOURNAMENT Donated by Jeffrey and Helen Lorance, the funds will be used by the Parks and Recreation Department to provide prizes for the 2013 Ohana Shoreline Fishing Tournament. Reference: Comm. 400 Intr. by: Ms. Poindexter Waived: FC Res. 168-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $15,000 TO THE DEPARTMENT OF PUBLIC WORKS Donated by Keoki Magoon, the funds will be used by the Public Works Department for pedestrian improvements to the school zone and crosswalk flashing lights at Māmalahoa Highway (across from Waimea Elementary School and west of the Lindsey Road intersection). Reference: Comm. 401 Intr. by: Ms. Poindexter Waived: FC Res. 169-13: ACCEPTS THE NEGOTIATED LEASE AGREEMENT FOR HĀMĀKUA LANDS IDENTIFIED AS TAX MAP KEYS: (3)4-3-009-055, 4-3-009-056, 4-3-009-057, 4-3-009-058 WITH HAKALAU CACAO COMPANY LLC, PURSUANT TO SECTION 2-114 OF THE HAWAI‘I COUNTY CODE Resolution 38-11 authorized the lease of certain County of Hawai‘i owned lands, identified above, and required that the negotiated lease agreement for those lands be accepted by the County Council. Reference: Comm. 402 Intr. by: Ms. Poindexter Waived: FC Page 4 Hawai‘i County Council-21 September 5, 2013 BILLS FOR ORDINANCES (FIRST READING) Bill 25 (Draft 2): AMENDS CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AGRICULTURAL TOURISM Amends Articles 1, 2, and 4 concerning definitions, required plan approval, plan approval application requirements, regulations, and action on plan approval applications. Reference: Comm. 73.3 Intr. by: Mr. Kern Approve: PC-43 Bill 64: 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 concerning occupied lots, unsafe flora, and abutting property owners. Requires lot owners with offending uncultivated undergrowth or unsafe flora that is registered as an endangered or protected species, or is listed as “exceptional” pursuant to Chapter 14, Article 10, of the Hawai‘i County Code to submit a treatment plan for its continued safe existence. Reference: Comm. 246 Intr. by: Mr. Kern Approve: EMC-3 ; and Comm. 246.16: From Council Member Zendo Kern, dated August 28, 2013, transmitting proposed amendments to Bill 64. Page 5 Hawai‘i County Council-21 September 5, 2013 Bill 104: AMENDS ORDINANCE NO. 05-110 WHICH AMENDED ORDINANCE NO. 92-7, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 3 ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-4-003:POR. 021 (Applicant: Kristilee and Henry J. Correa, Jr., Trust (Formerly Puluwai, LLC); Approximately 6.0003 acres) (Request: 7-Year Time Extension to Comply with Condition C and Condition K of Change of Zone Ordinance No. 05-110) The Planning Director recommends a favorable recommendation for the 7-year time extension to comply with Condition C (time to secure final subdivision approval), but will amend Condition K (deadline for fair share payment) to require payment to become due and payable prior to receipt of Final Subdivision Approval and not by a time deadline. Reference: Comm. 368 Intr. by: Mr. Kern (B/R) Approve: PC-42 Bill 107: 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: Waiānuenue Avenue Improvements – Federal ($280,000) and Waiānuenue Avenue Improvements – County ($70,000), for a total of $350,000; funds shall be provided from Federal Grants Receivable ($280,000) and General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($70,000), for a total of $350,000. Funds will be used to improve Waiānuenue Avenue from Akolea Road to Rainbow Drive to enhance traffic and pedestrian safety, and to improve the drainage condition in the area. Reference: Comm. 372 Intr. by: Ms. Poindexter Approve: FC-83 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 6 Hawai‘i County Council-21 September 5, 2013 Bill 108: AMENDS CHAPTER 18, ARTICLE 4, SECTION 18-90 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO PUBLIC TRANSIT SYSTEM, ISLAND-WIDE FARE STRUCTURE Amends Subsection (c) concerning fare prepayment discounts relating to the purchase of a monthly and annual bus pass fare plan, the purchase of discounted monthly or annual bus passes, and adds language regarding the validity of the annual passes. Reference: Comm. 376 Intr. by: Ms. Wille Approve: PSMTC-13 ; and Comm. 376.1: From Council Member Margaret Wille, dated August 19, 2013, transmitting proposed amendments to Bill 108; and Comm. 376.2: From Council Member Margaret Wille, dated August 27, 2013, transmitting proposed amendments to Bill 108. Bill 117: 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 ($15,000); and appropriates same to Lindsey Road Crosswalk Improvements Fund. Reference: Comm. 401 Intr. by: Ms. Poindexter Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 98: 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 Parks and Recreation: Waimea District Park (State) ($2,500,000); funds shall be provided from State Grants Receivable ($2,500,000). Funds will be used for the design and construction of the County’s new Waimea District Park in Waimea, South Kohala. Reference: Comm. 345 Intr. by: Ms. Poindexter First Reading: August 21, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 7 Hawai‘i County Council-21 September 5, 2013 Bill 100: 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: Kīlauea Avenue Resurfacing – County ($1,972,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($1,972,000). The Kīlauea Avenue Resurfacing project, Phase 3, spans from the Aupuni Street intersection to the Puna side of the Waiākea Stream/Wailoa Bridge and includes the milling of the old pavement and A.C. pavement resurfacing, new striping, and a traffic signal upgrade to the Aupuni Street intersection. Reference: Comm. 355 Intr. by: Ms. Poindexter First Reading: August 21, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 102: PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25, ARTICLE 4, DIVISION 5 AND ARTICLE 7, DIVISION 2 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO INCREASE RESIDENTIAL DENSITY, INCLUDING PARKING REQUIREMENTS, WITHIN CDH, DOWNTOWN HILO COMMERCIAL (CDH) DISTRICT The Windward Planning Commission forwards a favorable recommendation to the Council regarding the Planning Director’s request for an amendment to Chapter 25 relating to increase in residential density, including parking requirements, within the CDH zoning district. Reference: Comm. 358 Intr. by: Mr. Kern (B/R) First Reading: August 21, 2013 Page 8 Hawai‘i County Council-21 September 5, 2013 Bill 105: 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: Kaiminani Drive Roadway Improvements – Federal ($7,555,000); fund increase shall be provided from Federal Grants Receivable ($7,555,000). The Kaiminani Drive Roadway Improvements project is to improve Kaiminani Drive from Ahiahi Street to the vicinity of Ane Keohokālole Highway to enhance traffic and pedestrian safety and to improve the drainage in the area. Reference: Comm. 369 Intr. by: Ms. Poindexter First Reading: August 21, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 106: 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: Māmalahoa Highway Widening – Federal ($600,000) and Māmalahoa Highway Widening – County ($150,000), for a total of $750,000; fund increase shall be provided from Federal Grants Receivable ($600,000) and General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($150,000), for a total of $750,000. The Māmalahoa Highway Widening project has been expanded to improve 13 additional intersections by widening, and adding left-turn pockets along the Māmalahoa Highway (in the town of Waimea, South Kohala). Reference: Comm. 370 Intr. by: Ms. Poindexter First Reading: August 21, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter REPORTS Financial Report: Preliminary Monthly Budget Status Report for the Month Ended June 30, 2013, from the Department of Finance. FC-84 (Comm. 379): Recommends confirmation of the appointment of Mr. Douglass S. Adams to the Board of Ethics. Page 9 Hawai‘i County Council-21 September 5, 2013 PSMTC-14 Recommends the confirmation of the appointment of Ms. Leina‘ala Enos (Comm. 377): (Council District 6) to the Liquor Commission. PSMTC-15 Recommends the confirmation of the appointment of Mr. Jeffrey T. Gray (Comm. 378): (Council District 4) to the Police Commission. 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 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 September 3, 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. Page 10 Hawai‘i County Council-21 September 5, 2013 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, September 11 and 18 at 6 p.m.; Fridays, September 13 and 20at 12 p.m.; and thnd Sundays, September 15 and 22 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, SEPTEMBER 17, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, SEPTEMBER 18, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, OCTOBER 1, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, OCTOBER 2, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 11