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Home My WebLink AboutAGE COUNCIL 2014/07/18 2012-2014 J YOSHIMOTO GREGGOR ILAGAN P o+.Y "!!k,�. BRENDA FORD GREGGOR' Chair and Presiding Officer " DRU MAMO KANUHA KAREN EOFF _ ZENDO KERN •Vice Chair � 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 47th Session C o CD ORDER OF BUSINESS -- -D � f West Hawai`i Civic Center tett :c'"n 74-5044 Ane Keohokalole Highway, Building A D= Kailua-Kona, Hawai`i '43 — July 18, 2014 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Pastor Jason Meechan of Thy Word Ministries 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-47 July 18, 2014 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 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 ORDER OF RESOLUTIONS Res. 430-14 URGES THE WATER BOARD OF THE COUNTY OF HAWAI‘I (WATER (Draft 2): BOARD) TO TAKE ANY AND ALL ACTIONS NECESSARY TO ACQUIRE LAND AND DEVELOP A NEW WATER WELL, RESERVOIR, SUPPORTING FACILITIES, AND A NEW TRANSMISSION MAIN IN CAPTAIN COOK, SOUTH KONA, HAWAI‘I Urges the Board of Water Supply to authorize the acquisition of Tax Map Key: 8-2-001:113 to provide County water, improve the reliability of the South Kona water system, improve the long-term water safety of the community, and allow the Hawai‘i Fire Department to obtain water for fire suppression. Reference: Comm. 886.2 Intr. by: Ms. Ford Approve: AWESC-14 Res. 452-14: URGES THE ADMINISTRATION TO WITHDRAW REQUEST FOR PROPOSAL NO. 3044 AND ISSUE A NEW REQUEST FOR PROPOSAL TO PROVIDE FOR THE ELIGIBILITY OF THOSE ENTITIES OR A COMBINATION OF ENTITIES WHICH SEEK TO MAXIMIZE THE OUTPUT OF COMPOSTABLES Allows for teams of experts whose strategies would maximize environmental benefits and promote community-based green jobs . Reference: Comm. 918 Intr. by: Ms. Wille Negative: AWESC-13 (Due to a vote of 2-ayes, 7-noes) Page 2 Hawai‘i County Council-47 July 18, 2014 Res. 454-14: ADOPTS THE PĀHOA VILLAGE DESIGN GUIDELINES DATED OCTOBER 2013 Adopts design guidelines to guide the architectural design and siting of structures within the Pāhoa Village Design district. Reference: Comm. 920 Intr. by: Mr. Kern (B/R) Approve: PC-68 Res. 455-14: ACCEPTS THE DEDICATION OF LOT 1-B AND LOT 1-C, BEING A PORTION OF TAX MAP KEY: 2-2-034:085, SITUATED AT “WAIĀKEA ST HOUSE LOTS, 1 SERIES,” AT WAIĀKEA, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAI‘I FROM GHC FAMILY LIMITED PARTNERSHIP, A HAWAI‘I LIMITED PARTNERSHIP Dedicates Lots 1-B and 1-C, 5-foot road widening fronting Manono Street and road improvements on Hinano Street. Each lot contains an area of approximately 1,000 square feet. Reference: Comm. 925 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-73 Res. 456-14: AUTHORIZES THE GRANT OF EASEMENT FOR SEWER LINE PURPOSES AT POUPOUWELA AND KAWALA, DISTRICT OF KA‘Ū, ISLAND OF HAWAI‘I, HAWAI‘I, BEING A PORTION OF LOT 174 OF THE NĀ‘ĀLEHU SUBDIVISION, THIRD SERIES TAX MAP KEY: 9-5-024:010 TO THE COUNTY OF HAWAI‘I Tina M. Edmunds agrees to grant Easement S-1, containing an area of approximately 1,614 square feet, to allow the County access onto the subject property to replace the existing sewer system with a new wastewater treatment plant. Reference: Comm. 926 Intr. by: Mr. Kern (B/R) Approve: EMC-6 Page 3 Hawai‘i County Council-47 July 18, 2014 Res. 457-14 AUTHORIZES THE GRANT OF EASEMENT FOR SEWER LINE PURPOSES (Draft 2): AT POUPOUWELA AND KAWALA, KA‘Ū, ISLAND OF HAWAI‘I, HAWAI‘I, BEING A PORTION OF LOT 175 OF THE NĀ‘ĀLEHU SUBDIVISION, THIRD SERIES TAX MAP KEY: 9-5-024:009 TO THE COUNTY OF HAWAI‘I Dale Ann Andrade and Merle Chun agree to grant Easement S-2, containing an area of approximately 1,008 square feet, to allow the County access onto the subject property to replace the existing sewer system with a new wastewater treatment plant. Reference: Comm. 927.2 Intr. by: Mr. Kern (B/R) Approve: EMC-7 Res. 460-14: ACCEPTS THE BILL OF SALE FOR ROADWAY AND OTHER ST IMPROVEMENTS FOR “WAIĀKEA HOUSE LOTS, 1 SERIES,” AT WAIĀKEA, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAI‘I FROM GHC FAMILY LIMITED PARTNERSHIP, A HAWAI‘I LIMITED PARTNERSHIP Accepts a bill of sale for a half-section each of the roadway improvements on the east side of Manono Street and the west side of Hinano Street. Reference: Comm. 930 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-74 Res. 464-14 REQUESTS THE PLANNING DIRECTOR TO INITIATE AN INTERIM (Draft 2): AMENDMENT TO THE COUNTY OF HAWAI‘I GENERAL PLAN TO REVISE THE LAND USE PATTERN ALLOCATION GUIDE MAP DESIGNATIONS FOR THE KEA‘AU REGIONAL TOWN CENTER, KEA‘AU, PUNA, HAWAI‘I Requests initiation of amendments to the General Plan to amend areas that are designated as Low Density Urban and Important Agricultural Land to Urban Expansion Area and also to amend areas in the vicinity of Ulupono Street and Milo Street that are designated as Low Density Urban to Urban Expansion Area. Reference: Comm. 934.1 Intr. by: Mr. Kern (B/R) Approve: PC-69 Page 4 Hawai‘i County Council-47 July 18, 2014 Res. 468-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE FAMILY VIOLENCE INTERAGENCY COMMITTEE Transfers/appropriates $5,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits the same to the Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expenses, Miscellaneous Contract Services account (Family Violence Interagency Committee). Funds would be used towards educational and informational projects and events to raise awareness about family violence, including child abuse and neglect. Reference: Comm. 944 Intr. by: Mr. Onishi Waived: FC Res. 469-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NĀ‘ĀLEHU THEATER FOR THE 2014 HILO SLACK KEY FESTIVAL Transfers/appropriates $2,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits the same to the Department of Research and Development, Tourism Promotion, Miscellaneous Contract Services account (Nā‘ālehu Theater, 2014 Hilo Slack Key Festival). Reference: Comm. 946 Intr. by: Mr. Yoshimoto Waived: FC Page 5 Hawai‘i County Council-47 July 18, 2014 BILLS FOR ORDINANCES (FIRST READING) Bill 25 AMENDS CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY (Draft 2): 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 Postponed: September 5, 2013 (Note: There is a pending motion by Mr. Kern and duly seconded by Mr. Ilagan to approve Bill 25, Draft 2.) ; and Comm. 73.8: From Council Member Zendo Kern, dated July 7, 2014, requesting that Bill 25, Draft 2, be placed on the July 18, 2014, Council agenda. Bill 260: 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 AGRICULTURAL – ONE ACRE (A-1a) AND AGRICULTURAL – THREE ACRES (A-3a) TO FAMILY AGRICULTURAL – ONE ACRE ND (FA-1a), AT WAIĀKEA HOMESTEADS 2 SERIES, WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-4-034:046 (Applicant: B2-II Educational Trust) (Area: 3.012 acres) The Windward Planning Commission forwards its favorable recommendation for the applicant’s request for this change of zone, which would allow the applicant to apply for a subdivision of the property into three lots, which would be conveyed to the applicant’s children. Reference: Comm. 904 Intr. by: Mr. Kern (B/R) Approve: PC-70 Page 6 Hawai‘i County Council-47 July 18, 2014 Bill 263: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds Ahikawa Street to Schedule 27 (Parking on pavement prohibited at all times), Subsection (f), Kona . Reference: Comm. 922 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-75 Bill 264: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONE Amends an existing provision for Furneaux Lane; Schedule 36 (Freight loading zones), Subsection (c), South Hilo. Reference: Comm. 923 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-76 Bill 270: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the State Grants – Commercial Driver License (CDL) Program Income account ($20,100); and appropriates the same to the CDL Program Equipment account. Funds would be used to purchase computer equipment. Reference: Comm. 945 Intr. by: Ms. Poindexter Waived: FC Page 7 Hawai‘i County Council-47 July 18, 2014 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 259: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288, SCHEDULE 36, FREIGHT LOADING ZONES, PARAGRAPH (C), SOUTH HILO OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Relocates a freight loading zone on the mauka side of Keawe Street. Reference: Comm. 902 Intr. by: Mr. Kanuha (B/R) First Reading: July 2, 2014 Bill 261: 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 AGRICULTURAL – 3 ACRES (A-3a) TO RESIDENTIAL AGRICULTURAL – 1 ACRE (RA-1a) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-4-038:012 (Applicant: Jason DePonte) (Area: 3.23 acres) The Windward Planning Commission forwards its favorable recommendation for the applicant’s request to create a two-lot Residential-Agricultural subdivision with one 2.23-acre lot and one 1-acre lot, which would be distributed amongst family members. Reference: Comm. 905 Intr. by: Mr. Kern (B/R) First Reading: July 2, 2014 Bill 265: AMENDS ORDINANCE NO. 14-81, THE OPERATING BUDGET, FOR THE COUNTY OF HAWAI‘I, FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Videotaping Contribution – Na Leo ‘O Hawai‘i account ($37,500); and appropriates the same to the Videotaping – Na Leo ‘O Hawai‘i account. Funds would be used to continue video production of the Council and Committee meetings. Reference: Comm. 931 Intr. by: Mr. Yoshimoto First Reading: July 2, 2014 Page 8 Hawai‘i County Council-47 July 18, 2014 REPORTS FC-180 NOMINATION OF BARBARA BELL TO THE PUBLIC ACCESS, OPEN (Comm. 924): SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION From Mayor William P. Kenoi, dated June 3, 2014, submitting for the Council’s review and confirmation the above nomination. Financial Report: Monthly Budget Status Report for the Month Ended May 31, 2014, from the Department of Finance. 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 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 16, 2014 accommodations for this meeting should call 961-8255 by . Relay users please call 711(961-8255) to contact our office. Notice is hereby given that pursuant to Hawai‘i Revised Statutes (hereinafter “HRS”) §92-3.5, the Hawai‘i County Council will be conducting this meeting via videoconference. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Council Members will be present at the following location:  Hilo Counc il Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401. (Pursuant to HRS §92-7 and Council Rule No. 2, Council Member Dennis “Fresh” Onishi will be participating from the Hilo Council Chambers.) Public attendance via videoconference will be available at the Hilo location. Public attendance via videoconference is also available at the following location until 4:30 p.m. or later in the event public testimony has not been completed:  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5. Page 9 Hawai‘i County Council-47 July 18, 2014 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. 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 Submitting Written Testimony: Those submitting written testimony at the meeting should bring (14)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). Viewing of Meetings on Government Access Television - Channel 55: Fridays, July 25 and August 1, 2014, at 12 p.m.; Sundays, July 27 and August 3, 2014, at 9 a.m.; and Wednesdays, July 30 and August 6, 2014, at 6 p.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 5, 2014 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, AUGUST 6, 2014 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, AUGUST 19, 2014 Page 10 Hawai‘i County Council-47 July 18, 2014 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, AUGUST 20, 2014 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 11