HomeMy WebLinkAboutAGE COUNCIL 2014/06/04 2012-2014 J YOSHIMOTO uMtv5o`M BRENDA FORD
Chair and Presiding Officer �J��%�� GREGGOR ILAGAN
•���'!;,'/, c.- DRU MAMO KANUHA
KAREN EOFF "' ZENDO KERN
Vice Chair \+r,•r�is; DENNIS DENNIS"FRESH"ONISHI
VALERIE T. POINDEXTER
MARGARET WILLE
COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
o n
Q
44th Session >a
ORDER OF BUSINESS
••
Hawai`i County Building w
25 Aupuni Street
Hilo, Hawai`i
June 4, 2014
9:00 a.m.
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
INVOCATION Reverend Jack Snell from Puna Covenant Church
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
Serving the Interests of the People of Our Island
Hawai`i County is an Equal Opportunity Provider and Employer.
Hawai‘i County Council-44 June 4, 2014
PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF
CONDOLENCE
Boy Scouts of Presentation of a Certificate of Merit Sponsored by Council Member
America – Eagle Valerie T. Poindexter recognizing and congratulating Austin Makana Loo for his
Scout: achievement in earning the Boy Scouts of America’s highest rank of Eagle Scout.
Reference: Comm. 891
Pā‘auhau Presentation of a Certificate of Merit sponsored by Council Member
Community Valerie T. Poindexter recognizing Keoki Lindsey, Keith Burkhardt, and
Association, Tracey Bautista for their help with completing the Pā‘auhau Community Park.
Resort Management
Group: Reference: Comm. 891
Boy Scouts of Presentation of a Certificate of Merit Sponsored by Council Member
America – Eagle Dennis “Fresh” Onishi recognizing and congratulating Kawaiola Kuamoo Santa
Scout: Maria and Inoke Mills for their achievement in earning the Boy Scouts of
America’s highest rank of Eagle Scout.
Reference: Comm. 909
9:45 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
(NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.)
APPROVAL OF MINUTES
COMMUNICATIONS
Comm. 911: APPOINTMENT OF MOLLY A. STEBBINS AS CORPORATION COUNSEL
From Mayor William P. Kenoi, dated May 22, 2014, submitting for the Council’s
review and confirmation the above appointment.
Waived: GREDC
; and
Comm. 911.1: From Mayor William P. Kenoi, dated May 22, 2014, stating that Ms. Stebbins’
appointment is effective May 20, 2014.
Page 2
Hawai‘i County Council-44 June 4, 2014
ORDER OF RESOLUTIONS
Res. 241-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR MISCELLANEOUS BABY
FURNITURE AND BEDDING FOR THE CHILD AND FAMILY SERVICE –
WEST HAWAI‘I DOMESTIC ABUSE SHELTER
Transfers/appropriates $500 out and from Clerk-Council Services – Contingency
Relief (Council District 6); credits same to Office of the Prosecuting Attorney,
Kona Prosecuting Attorney Other Current Expenses, Miscellaneous Contract
Services (Child and Family Service – West Hawai‘i Domestic Abuse Shelter).
Reference: Comm. 546
Intr. by: Ms. Ford
Waived: FC
Postponed: December 18, 2013; January 8, 2014; and
February 5, 2014
(Note: There is a pending motion by Ms. Ford and duly seconded by
Mr. Kanuha to approve Res. 241-13.)
Res. 419-14: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY: 1-4-093:042
IN THE DISTRICT OF PUNA, PURSUANT TO CHAPTER 2, ARTICLE 42,
HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED)
The land adjacent to Ahalanui Park and the Hot Pond (2.045 acres) is listed as the
th
13 priority for purchase by the Public Access, Open Space, and Natural
Resources Preservation Commission.
Reference: Comm. 866
Intr. by: Mr. Ilagan
Approve: FC-172
Page 3
Hawai‘i County Council-44 June 4, 2014
Res. 423-14: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEYS:
7-7-008:021 AND 023, WHITE SANDS MAUKA IN THE AHUPUA‘A OF
PAHOEHOE IN THE DISTRICT OF NORTH KONA, PURSUANT TO
CHAPTER 2, ARTICLE 42 OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION, AS AMENDED)
The White Sands Mauka property is listed as a key priority for purchase in the
2013 Annual Report of the Public Access, Open Space, and Natural Resources
Preservation Commission.
Reference: Comm. 871
Intr. by: Mr. Kanuha
Approve: FC-173
Res. 429-14: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE
COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 27,
RELATING TO USE OF THE DISTRICT CONTINGENCY RELIEF FUND
Amends Council Rule No. 27 so that it conforms with the newly enacted
provisions of Ordinance No. 14-43, relating to awarding of District Contingency
Relief funds to nonprofit organizations.
`
Reference: Comm. 885
Intr. by: Ms. Ford
Res. 431-14: REPLACES RESOLUTION NO. 355-14 AND APPOINTS A NEW HAWAI‘I
COUNTY COUNCIL REPRESENTATIVE AND ALTERNATE
REPRESENTATIVE TO THE HAWAI‘I STATE ASSOCIATION OF
COUNTIES (HSAC) EXECUTIVE COMMITTEE AND NOMINATES NEW
REPRESENTATIVES TO THE WESTERN INTERSTATE REGION (WIR)
BOARD OF DIRECTORS AND THE NATIONAL ASSOCIATION OF
COUNTIES (NACo) BOARD OF DIRECTORS
Names Council Member Dru Mamo Kanuha as the representative to the HSAC
Executive Committee, with Council Member Margaret Wille to serve as his
alternate. Also names Council Member Dru Mamo Kanuha as nominee to serve
as Director on the NACo Board of Directors and WIR Board of Directors for the
term beginning July 1, 2014.
Reference: Comm. 887
Intr. by: Ms. Ford
Waived: GREDC
Page 4
Hawai‘i County Council-44 June 4, 2014
Res. 432-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR CINDER ROCK FOR THE
HONOKA‘A RODEO ARENA FLOOR
Transfers/appropriates $3,000 out and from Clerk-Council Services –
Contingency Relief (Council District 1); credits same to Department of Parks and
Recreation, Transfer to Capital Project Fund – General (Discretionary Projects –
Council District 1, Cinder Rock for Honoka‘a Rodeo Arena Floor).
Reference: Comm. 888
Intr. by: Ms. Poindexter
Waived: FC
Res. 433-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR LABOR TO BUILD PHASE 2 OF
THE NORTH KOHALA SKATE PARK
Transfers/appropriates $35,000 out and from Clerk-Council Services –
Contingency Relief (Council District 9); credits same to Department of Parks and
Recreation, Transfer to Capital Project Fund – General (Discretionary Projects –
Council District 9).
Reference: Comm. 889
Intr. by: Ms. Wille
Waived: FC
Res. 434-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR DISCRETIONARY PROJECTS –
COUNCIL DISTRICT 3
Transfers/appropriates $7,932.90 out and from Clerk-Council Services –
Contingency Relief (Council District 3); credits same to Department of Parks and
Recreation, Transfer to Capital Project Fund – General (Discretionary Projects –
Council District 3).
Reference: Comm. 890
Intr. by: Mr. Onishi
Waived: FC
Page 5
Hawai‘i County Council-44 June 4, 2014
Res. 435-14: APPROVES PARTICIPATION BY THE HAWAI‘I STATE ASSOCIATION OF
COUNTIES (HSAC) IN THE NATIONAL ASSOCIATION OF COUNTIES’
(NACo) HEALTH DISCOUNT PROGRAM
Requires approval of the marketing agreement (Exhibit A) by HSAC’s member
counties. NACo would provide a health discount card at no additional cost for
member counties and state associations of counties to offer to residents.
Reference: Comm. 892
Intr. by: Mr. Onishi
Waived: GREDC
Res. 437-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PURCHASE A NEW VAN
Transfers/appropriates $24,000 out and from Clerk-Council Services – Salary and
Wages, Regular Salary and Wages; credits same to Clerk - Council Services
Equipment, Motor Vehicle (New Vehicle).
Reference: Comm. 895
Intr. by: Mr. Yoshimoto
Waived: FC
Res. 438-14: AUTHORIZES THE ACCEPTANCE OF A DONATION OF EQUIPMENT
FOR USE BY THE HAWAI‘I FIRE DEPARTMENT
Donated by the State Department of Defense, State Civil Defense, with a total
original value of $24,530.49, at no cost to the County.
Reference: Comm. 896
Intr. by: Ms. Poindexter
Waived: FC
Page 6
Hawai‘i County Council-44 June 4, 2014
Res. 439-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF
TRANSPORTATION, PURSUANT TO HAWAI‘I REVISED STATUTES 46-7,
FOR THE COUNTY OF HAWAI‘I’S SAFE ROUTES TO SCHOOL (SRTS)
PROGRAM GRANT
Funds in the amount of $100,000 would be used towards the SRTS program’s
goal of improving the ability of children to walk or bicycle safely to school.
Reference: Comm. 897
Intr. by: Ms. Poindexter
Waived: FC
Res. 440-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF LAND
AND NATURAL RESOURCES (DLNR), PURSUANT TO HAWAI‘I
REVISED STATUTES 46-7, TO TRANSFER ONE GENERATOR FOR USE
AT THE HILO TRAP AND SKEET RANGE
The generator, while being maintained and operated by the County, would remain
the property of the DLNR’s Hunter Education Program. A Memorandum of
Understanding would specify terms relating to the maintenance and operation of
the range and generator.
Reference: Comm. 899
Intr. by: Ms. Poindexter
Waived: FC
Res. 441-14: AUTHORIZES THE ACCEPTANCE OF A DONATION OF 47 LOGS TO THE
DEPARTMENT OF PARKS AND RECREATION
Donated by Edwin DeLuz Trucking and Gravel LLC and valued at $12,000,
which includes hauling costs; would be used as barriers at several park facilities.
Reference: Comm. 900
Intr. by: Ms. Poindexter
Waived: FC
Page 7
Hawai‘i County Council-44 June 4, 2014
Res. 442-14: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT FOR HOSTED VOICE OVER INTERNET PROTOCOL
(VOIP) PHONE SERVICE FOR THE DEPARTMENT OF PARKS AND
RECREATION
Authorizes the Mayor to enter into a five-year agreement, at a cost not to exceed
approximately $500 per month.
Reference: Comm. 901
Intr. by: Ms. Poindexter
Waived: FC
Res. 443-14: APPROVES THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC)
EXECUTIVE COMMITTEE SLATE, AND APPROVES THE NOMINATION
OF MEMBERS FOR THE NATIONAL ASSOCIATION OF COUNTIES
(NACo) BOARD OF DIRECTORS AND THE WESTERN INTERSTATE
REGION (WIR) BOARD OF DIRECTORS
Requests the Council’s approval of the following slate of HSAC Executive
Committee Members and their alternates for the term beginning July 1, 2014:
Mel Rapozo, President (Ross Kagawa, Alternate); Dennis “Fresh” Onishi, Vice
President (Dru Mamo Kanuha, Alternate); Honolulu City Council Chair or the
Council Chair’s Representative, Secretary (pursuant to Section 5(1) of the HSAC
bylaws); and Michael P. Victorino, Treasurer (G. Riki Hokama, Alternate). Also
requests the Council’s approval of the nominations of Michael P. Victorino and
Mel Rapozo to serve on the NACo Board of Directors, as well as the nominations
of Dennis “Fresh” Onishi and Mike White to serve on the WIR Board of
Directors for the term beginning July 1, 2014.
Reference: Comm. 903
Intr. by: Mr. Onishi
Waived: GREDC
Res. 444-14: URGES THE HAWAI‘I INVASIVE SPECIES COUNCIL TO AWARD A
$400,000 GRANT TO THE HAWAI‘I COUNTY DEPARTMENT OF PARKS
AND RECREATION TO RESEARCH METHODS TO CONTROL THE
SPREAD OF THE LITTLE FIRE ANT
Funds would be used towards labor, supplies, and equipment.
Reference: Comm. 907
Intr. by: Mr. Onishi
Waived: GREDC
Page 8
Hawai‘i County Council-44 June 4, 2014
Res. 445-14: URGES HAWAI‘I ISLAND LEGISLATORS TO REQUEST A $400,000
GRANT FROM THE HAWAI‘I INVASIVE SPECIES COUNCIL TO THE
DEPARTMENT OF PARKS AND RECREATION TO RESEARCH METHODS
TO CONTROL THE SPREAD OF THE LITTLE FIRE ANT
Urges the Legislature to write a letter to the Hawai‘i Invasive Species Council
requesting the above grant.
Reference: Comm. 908
Intr. by: Mr. Onishi
Waived: GREDC
Res. 446-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND FOR PARK IMPROVEMENT PROJECTS IN
COUNCIL DISTRICT 1
Transfers/appropriates $42,677 out and from Clerk-Council Services –
Contingency Relief; credits same to Department of Parks and Recreation,
Transfer to Capital Project Fund (Discretionary Projects – Council District 1).
Reference: Comm. 910
Intr. by: Ms. Poindexter
Waived: FC
Res. 447-14: ACCEPTS THE GRANT OF DRAINAGE EASEMENT D-7 NEEDED FOR
THE KAPI‘OLANI STREET EXTENSION, JOB NO. E-4039, SITUATED AT
WAIĀKEA, SOUTH HILO, ISLAND OF HAWAI‘I, BEING A PORTION OF
TAX MAP KEY (TMK): 2-4-056:015 (POR.) FROM THE ISLAND OF
HAWAI‘I YMCA, A HAWAI‘I NONPROFIT CORPORATION
Grants a perpetual easement, over and across a 150 square foot portion of the
above property, to Hawai‘i County.
Reference: Comm. 912
Intr. by: Ms. Poindexter
Waived: FC
Page 9
Hawai‘i County Council-44 June 4, 2014
Res. 448-14: ACCEPTS THE DEDICATION OF A ROAD LOT B-2A NEEDED FOR THE
KAPI‘OLANI STREET EXTENSION, JOB NO. E-4039, SITUATED AT
WAIĀKEA, SOUTH HILO, ISLAND OF HAWAI‘I, HAWAI‘I, BEING A
PORTION OF TAX MAP KEY: 2-4-056:030 (POR.) FROM WAIĀKEA UKA
BIBLE CHURCH, A HAWAI‘I NONPROFIT CORPORATION
Dedicates the road lot, containing an area of approximately 431 square feet, to
Hawai‘i County.
Reference: Comm. 913
Intr. by: Ms. Poindexter
Waived: FC
Res. 449-14: ACCEPTS THE DEDICATION OF A ROAD LOT B-1A NEEDED FOR THE
KAPI‘OLANI STREET EXTENSION, JOB NO. E-4039, SITUATED AT
WAIĀKEA, SOUTH HILO, ISLAND OF HAWAI‘I, HAWAI‘I, BEING A
PORTION OF TAX MAP KEY: 2-4-056:015 (POR.) FROM THE ISLAND OF
HAWAI‘I YMCA, A HAWAI‘I NONPROFIT CORPORATION
Dedicates the road lot, containing an area of approximately 1,692 square feet, to
Hawai‘i County.
Reference: Comm. 914
Intr. by: Ms. Poindexter
Waived: FC
BILLS FOR ORDINANCES (FIRST READING)
Bill 248: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255 OF
THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO SPEED LIMITS
Amends an existing provision and adds a new provision for portions of Hawai‘i
Belt Road (Highway 11), also known as Māmalahoa Highway; Schedule 3
(25 mile per hour limit), Subsection (f), Kona.
Reference: Comm. 859
Intr. by: Mr. Kanuha (B/R)
Approve: PWPRC-70
Page 10
Hawai‘i County Council-44 June 4, 2014
Bill 249: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-256 OF
THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO SPEED LIMITS
Amends an existing provision and adds a new provision for portions of Hawai‘i
Belt Road (Highway 11) also known as Māmalahoa Highway; Schedule 4
(30 mile per hour limit), Subsection (f), Kona.
Reference: Comm. 860
Intr. by: Mr. Kanuha (B/R)
Approve: PWPRC-71
Bill 253: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-6 OF THE
HAWAI‘I COUNTY CHARTER (2012 EDITION), RELATING TO THE
TERM OF APPOINTMENT FOR THE COUNTY CLERK
Establishes a six-year term for the County Clerk.
Reference: Comm 876
Intr. by: Mr. Yoshimoto
Approve: FC-174
Note: First of three required readings, a 2/3 vote of the
entire membership is required to pass each
reading, pursuant to Section 15-1(a), Hawai‘i
County Charter.
Bill 254 INITIATES AN AMENDMENT TO ARTICLE II OF THE HAWAI‘I COUNTY
(Draft 2): CHARTER (2012 EDITION), BY ADDING A NEW SECTION RELATING TO
THE RESPONSIBILITIES OF THE COUNTY
Defines the Council’s and agencies’ duties to protect the public’s health, safety,
and welfare.
Reference: Comm. 877.2
Intr. by: Ms. Ford
Negative: FC-175 (Due to a vote of 1-aye, 8-noes)
Note: First of three required readings, a 2/3 vote of the
entire membership is required to pass each
reading, pursuant to Section 15-1(a), Hawai‘i
County Charter.
Page 11
Hawai‘i County Council-44 June 4, 2014
Bill 255: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-6, AND
ARTICLE VI, SECTION 6-5.5 OF THE HAWAI‘I COUNTY CHARTER
(2012 EDITION), RELATING TO THE APPOINTMENT OF LEGAL
COUNSEL IN THE LEGISLATIVE BRANCH AND THE AUTHORIZATION
OF SPECIAL COUNSEL
Authorizes the Council to employ special counsel and Council staff attorneys
without limitation.
Reference: Comm. 878
Intr. by: Ms. Ford
Negative: FC-176 (Due to a vote of 1-aye, 8 noes)
Note: First of three required readings, a 2/3 vote of the
entire membership is required to pass each
reading, pursuant to Section 15-1(a), Hawai‘i
County Charter.
Bill 257: 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 the State Grants – Safe Routes to School (SRTS)
Program Grant account ($100,000); and appropriates the same to the SRTS
Program Grant account. Funds would be used towards the SRTS program’s goal
of improving the ability of children to walk or bicycle safely to school.
Reference: Comm. 897
Intr. by: Ms. Poindexter
Waived: FC
Bill 258: 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 the State Grants – Department of Health – Tobacco Sting
Grant account ($2,900); and appropriates the same to the Department of Health –
Tobacco Sting Grant account. Funds would be used towards efforts by the Police
Department to prevent the sale of tobacco to minors.
Reference: Comm. 898
Intr. by: Ms. Poindexter
Waived: FC
Page 12
Hawai‘i County Council-44 June 4, 2014
ORDER OF THE DAY (SECOND OR FINAL READING)
Res. 377-14: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT
DOMAIN, BEING A PORTION OF TAX MAP KEY: 2-3-009:027, SITUATED
AT PONAHAWAI, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY
AND STATE OF HAWAI‘I, BEING LOT 22-C OF THE “HILO TOWN LOTS”
FOR THE CONSTRUCTION OF A SEWER LINE
Authorizes the acquisition of Easement “S-1” (approximately 834 square feet) to
construct, operate, and maintain an underground sewer line within Lot 22-C that
would connect to the County’s sewer system.
Reference: Comm. 807
Intr. by: Ms. Poindexter
First Reading: May 13, 2014
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
Bill 195: AMENDS CHAPTER 21, ARTICLE 4, SECTION 21-32 OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
BILLING OF CHARGES; PAYMENT; LATE PENALTY
Reduces the rate of interest charged on past due wastewater balances from one
and one-half percent per month, to one percent per month.
Reference: Comm. 655
Intr. by: Ms. Poindexter
First Reading: May 13, 2014
Bill 231 ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY
(Draft 3): OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR,
DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES
REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND
REPEALS ORDINANCE NO. 13-50 AND ALL AMENDMENTS THERETO,
SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF
2014
This measure also covers other matters relating to the compensation and
temporary employment of County employees.
Reference: Comm. 783.13
Intr. by: Ms. Poindexter
Postponed: May 1, 2014
First Reading: May 13, 2014
Page 13
Hawai‘i County Council-44 June 4, 2014
Bill 237: AMENDS CHAPTER 25, ARTICLE 4, DIVISION 5, SECTION 25-4-51 OF
THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO REQUIRED NUMBER OF PARKING SPACES
(Planning Director Initiated)
Corrects an unintended revision which repealed provisions regarding funeral
homes, funeral services, mortuaries and crematoriums.
Reference: Comm. 817
Intr. by: Mr. Kern (B/R)
First Reading: May 13, 2014
Bill 238: AMENDS CHAPTER 25, ARTICLE 2 AND ARTICLE 5 OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
ZONING DISTRICT REGULATIONS FOR GOLF COURSES AND RELATED
GOLF COURSE USES (Planning Director Initiated)
Clarifies that Use Permits to allow golf courses and related uses would be
prohibited if the property is situated within the State Land Use Agricultural
District, in accordance with State Land Use law.
Reference: Comm. 818
Intr. by: Mr. Kern (B/R)
First Reading: May 13, 2014
Bill 239 AMENDS THE COUNTY OF HAWAI‘I GENERAL PLAN, AS ADOPTED
(Draft 2): BY ORDINANCE NO. 05-25, AS AMENDED, RELATING TO THE
COMPREHENSIVE REVIEW OF THE GENERAL PLAN
Allows a comprehensive review of the General Plan to be initiated by the
Planning Department no more than 10 years after adoption of the previous
comprehensive amendments, rather than to be submitted to the County Council
within that timeframe. Also requires that the comprehensive review be
submitted to the County Council not more than 13 years after adoption of the
previous comprehensive amendments.
Reference: Comm. 819.2
Intr. by: Mr. Kern (B/R)
First Reading: May 13, 2014
Page 14
Hawai‘i County Council-44 June 4, 2014
Bill 240: AMENDS CHAPTER 24, ARTICLE 11, DIVISION 1, SECTION 24-300 OF
THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO SPEED LIMITS ON PRIVATE STREETS
Adds certain streets in the Fern Acres Subdivision to Schedule 4 (25 mile per hour
limit), Subsection (g), Puna.
Reference: Comm. 820
Intr. by: Mr. Kern
First Reading: May 13, 2014
Bill 242: 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 the Public Works Liquor Control Hazardous Material Mitigation and
Improvements – Private project for $1,803,000 to the Capital Budget. Funds for
the project shall be provided from Private Contributions – Liquor Percentage Fees
($1,803,000). Funds would be used to remove asbestos, mold, and mildew from
the Liquor Control Department’s office area and to renovate the department’s
conference room according to Americans with Disabilities Act standards.
Reference: Comm. 825
Intr. by: Ms. Poindexter
First Reading: May 13, 2014
Note: Requires 2/3 vote of the entire membership to
amend, pursuant to Section 10-6 (e), Hawai‘i
County Charter
Bill 250: 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 the State Grants - Wireless Enhanced 911 (E911) Fees
account ($3,100,000); and appropriates the same to the Wireless E911 account.
Funds would be used to increase the Pictometry Imagery for the Police
Department’s E911 system, upgrade and maintain the current system, and cover
monthly travel expenses to attend E911 Wireless meetings.
Reference: Comm. 868
Intr. by: Ms. Poindexter
First Reading: May 13, 2014
Page 15
Hawai‘i County Council-44 June 4, 2014
Bill 251: 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 the State Grants – Department of Human Services
(DHS) Youth Activities Crime Prevention Grant account ($10,000); and
appropriates the same to the DHS Youth Activities Crime Prevention Grant
account. Funds would be used to support youth activities in Hawai‘i County.
Reference: Comm. 869
Intr. by: Ms. Poindexter
First Reading: May 13, 2014
Bill 252: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2014, RELATING TO THE TRANSFER OF FUNDS TO
THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION FUND
Increases revenues in the Real Property Tax Interest account ($200,000); and
appropriates the same to the Transfer to Public Access/Open Space Preservation
Fund account ($175,000) and to the Transfer to Public Access/Open Space
Preservation Maintenance Fund account ($25,000). These fund transfers would
allow the County to maintain compliance with Sections 10-15 and 10-16 of the
County Charter.
Reference: Comm. 874
Intr. by: Ms. Poindexter
First Reading: May 13, 2014
REPORTS
REFERRALS FOR EXECUTIVE SESSION
A 2/3 vote pursuant to Hawai‘i Revised Statutes, Section 92-4, and Rule Nos. 2 and 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
Page 16
Hawai‘i County Council-44 June 4, 2014
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
June 2, 2014
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 testimony has not been completed:
Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A; and
Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5.
Public attendance via videoconference is also available at the following locations until public testimony
has been completed:
County Facility (former Bank of Hawai‘i Building), 54-3888 Akoni Pule Highway, Kohala;
Hawaiian Ocean View Estates Community Center, 92-8924 Leilani Circle; and
Pāhoa Neighborhood Facility, 15-2710 Kauhale Street.
If for technical or other unanticipated circumstances the video and/or audio connection cannot be made
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.
Submitting Written Testimony: Those submitting written testimony at the meeting should bring
fourteen (14)before 12:00 noon on
copies for distribution. Public testimony may also be submitted
the business 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).
Page 17
Hawai‘i County Council-44 June 4, 2014
Viewing of Meetings on Government Access Television - Channel 55:
Wednesdays, June 11 and 18, 2014 (to follow the viewing of the June 2 meeting scheduled to start at
6 p.m.); Fridays, June 13 and 20, 2014 (to follow the viewing of the June 2 meeting scheduled to start at
12 p.m.); and Sundays, June 15 and 22, 2014 (to follow the viewing of the June 2 meeting, which is
scheduled to start 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, JUNE 17, 2014
COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER
74-5044 Ane Keohokālole Highway
Building A
WEDNESDAY, JUNE 18, 2014
COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER
74-5044 Ane Keohokālole Highway
Building A
TUESDAY, JULY 1, 2014
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
WEDNESDAY, JULY 2, 2014
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
Page 18