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Home My WebLink AboutAGE COUNCIL 2013/09/18 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 nd 22 Session ORDER OF BUSINESS Hawai‘i County Council 25 Aupuni Street Hilo, Hawai‘i Wednesday, September 18, 2013 9:00 a.m. INVOCATION Reverend Brian Welsh of Haili Church CALL TO ORDER 9:08 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-22 September 18, 2013 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Dallas Presentation of a Certificate of Merit Sponsored by Council Member Zendo Kern O’Shaughnessy: recognizing Dallas O’Shaughnessy for his unselfish act of kindness and heroism. Reference: Comm. 432 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. 293.3: UPDATE CONCERNING CHRONIC HOMELESSNESS IN HAWAI‘I COUNTY Mayor Billy Kenoi requests an opportunity to provide an update to address chronic homelessness in Hawai‘i County. States a representative will apprise the Council on issues and challenges that we face as well as to share potential strategies and actions to address the County’s population. Waived: HSSSC FILED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, and Chair Yoshimoto – 8. NOES: Council Member Wille – 1. ABSENT: None. EXCUSED: None. ; and Comm. 293.4: From Human Services and Social Services Committee Chair Karen Eoff, dated September 10, 2013, requesting that this matter be waived to the full Council for immediate action. Page 2 Hawai‘i County Council-22 September 18, 2013 ORDER OF RESOLUTIONS Res. 165-13: AUTHORIZES THE FINANCE DIRECTOR TO SELL REAL PROPERTY IN THE KAMAKOA NUI WORKFORCE HOUSING COMMUNITY AT WAIKOLOA TO HAWAI‘I ISLAND COMMUNITY DEVELOPMENT CORPORATION (HICDC) Authorizes the sale of fee simple land to HICDC, a nonprofit organization, to develop affordable housing. HICDC has funds to purchase ten vacant lots at Kamakoa Nui (Tax Map Keys: 6-08-030:185, 197, 198, 199 and 6-08-42:001, 015, 017, 018, 020, and 021). Reference: Comm. 397 Intr. by: Ms. Poindexter Approve: FC-88 ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 171-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO THE DESIGNATED FUND ACCOUNT FOR A VOLLEYBALL SET AT WAIĀKEA-UKA GYM Transfers/appropriates $3,267 out and from Clerk-Council Services – Contingency Relief; credits same to Department of Parks and Recreation, Recreation Division Other Current Expenses, Education-Recreation-Scientific Supplies (Waiākea-Uka Gym, Volleyball Set). Contingency Relief funds from District 3 will be used by the Parks and Recreation Department to purchase volleyball equipment for the Waiākea-Uka Gym. Reference: Comm. 413 Intr. by: Mr. Onishi 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-22 September 18, 2013 Res. 172-13: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF TRANSPORTATION, PURSUANT TO HRS 46-7, FOR THE INTELLIGENT TRANSPORTATION SYSTEM (ITS) COMMUNICATIONS PLAN GRANT The agreement will enable the County to receive funding to support the ITS Communications Plan. This Plan will document the type of wire-based and wireless communications that are currently available to support future ITS field devices (i.e., traffic signals, closed-circuit television cameras, etc.), identify where future wire-based and wireless communications should be implemented, determine what the associated costs will be, and provide a three-year implementation strategy. Reference: Comm. 414 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. 173-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO THE DESIGNATED FUND ACCOUNT FOR ELECTRONIC SCOREBOARDS Transfers/appropriates $2,018 out and from Clerk-Council Services – Contingency Relief; credits same to Department of Parks and Recreation, Recreation Division Other Current Expenses, Education-Recreation-Scientific (Andrews Gym, Kawananakoa Gym, Pana‘ewa Play Courts, Shipman Gym, Waiākea-Uka Gym, Electronic Scoreboards). Contingency Relief funds from District 3 will be used by the Parks and Recreation Department to purchase five electronic scoreboards for the above-mentioned gyms. Reference: Comm. 422 Intr. by: Mr. Onishi 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-22 September 18, 2013 Res. 174-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR RENTAL/LEASE OF A PORTABLE RESTROOM FOR MO‘OHEAU PARK Transfers/appropriates $10,000 out and from Clerk-Council Services – Contingency Relief; credits same to Park Maintenance Other Current Expenses (Rental/Lease of Equipment, Mo‘oheau Park Portable Restrooms). Contingency Relief funds from District 2 will be used by the Parks and Recreation Department to rent/lease an additional portable restroom (and additional weekly pumping) at Mo‘oheau Park. Reference: Comm. 426 Intr. by: Mr. Yoshimoto 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. Page 5 Hawai‘i County Council-22 September 18, 2013 BILLS FOR ORDINANCES (FIRST READING) 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) Approve: PC-44 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-22 September 18, 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) Approve: PC-45 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 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 Approve: FC-86 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-22 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 Approve: FC-87 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 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 Approve: FC-89 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter 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 8 Hawai‘i County Council-22 September 18, 2013 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 Approve: FC-90 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 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 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 9 Hawai‘i County Council-22 September 18, 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 TO THE OCTOBER 2, 2013, COUNCIL MEETING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 10 Hawai‘i County Council-22 September 18, 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) First Reading: September 5, 2013 ND PASSED 2 AND FINAL READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Page 11 Hawai‘i County Council-22 September 18, 2013 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 First Reading: September 5, 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 Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Bill 108 (Draft 2): 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. 376.3 Intr. by: Ms. Wille First Reading: September 5, 2013 AMENDED TO DRAFT 3 & POSTPONED TO THE OCTOBER 16, 2013, COUNCIL MEETING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Wille, and Chair Yoshimoto – 8. NOES: Council Member Poindexter – 1. ABSENT: None. EXCUSED: None. Page 12 Hawai‘i County Council-22 September 18, 2013 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 First Reading: September 5, 2013 ND PASSED 2 AND FINAL READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. REPORTS FC-85 (Comm. 390): Recommends the confirmation of the appointment of Mr. Melvin S. Morimoto (Council District 6) to the Salary Commission. APPROVED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto – 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 11:56 A.M. Page 13 Hawai‘i County Council-22 September 18, 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 September 16, 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. Page 14 Hawai‘i County Council-22 September 18, 2013 Viewing of Meetings on Government Access Television - Channel 55: thndthth Wednesdays, September 25 and October 2 at 6 p.m.; Fridays, September 27 and October 4at thth 12 p.m.; and Sundays, September 29 and October 6 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, 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 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 Page 15