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Home My WebLink AboutAGE COUNCIL 12/17/2014 2014-2016DRU MAMO KANUHA Chair and Presiding Officer VALERIE T. POINDEXTER Lice Chair 2 "d Session AARON S.Y. CHUNG MAILE "MEDEIROS" DAVID KAREN EOFF GREGGORILAGAN DENNIS "FRESH" ONISHI DANNY PALEKA MARGARET WILLE COUNTY COUNCIL P-12 n County of'Hawai `i -O Hawai `i County Building i 7j 25 Aupuni Street Hilo, Hawai `i 96720 �J ORDER OF BUSINESS t7-0 West Hawaii Civic Center 74 -5044 Ane Keohokalole Highway, Building A Kailua -Kona, Hawaii December 17, 2014 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Pastor Jason Meechan of Thy Word Ministries Serving the Interests of 'the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council -2 December 17, 2014 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Big Island Presentation of Certificates of Merit Sponsored by Council Member Maile Interscholastic "Medeiros" David recognizing and congratulating Ka`u High School's football Federation League coaches who led their team to a championship victory. 8 -Man Varsity Football Champions: Reference: Comm.2 STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (9:15 A.M.) (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) APPROVAL OF MINUTES COMMUNICATIONS ORDER OF RESOLUTIONS Res. 552 -14 GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3- 12(A), HAWAII (Draft 2): COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE (2012 -2014) GROUND SIGN ON 48 -5370 HONOKA`A /WAIPIO ROAD, TAX MAP KEY: 4 -8- 006:043 (ZONED "A" AGRICULTURAL DISTRICT) The applicant, Colleen Gold, requests a sign variance for one sign to be placed at the Waipi`o Cookhouse location on Honoka`a/Waipi`o Road in Honoka`a. Reference: Comm. 1081.3 Intr. by: Mr. Kanuha (B /R) Approve: PWPRC -92 Page 2 Hawaii County Council -2 December 17, 2014 Res. 14 -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 HAWAII ISLAND UNITED WAY FOR LAVA FLOW DISASTER RELIEF Transfers /appropriates $10,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 4); and credits the same to the Department of Research and Development, Hawaii County Resource Center, Miscellaneous Contract Services account (Grant to Hawaii Island United Way). Reference: Comm.3 Intr. by: Mr. Eagan Waived: FC Res. 15 -14: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR A STEALTHSTAT TRAFFIC SURVEY DEVICE Transfers /appropriates $3,367.29 out and from the Clerk- Council Services — Contingency Relief account (Council District 4); and credits the same to the Hawaii Police Department, Police Administration Division - Equipment, Miscellaneous Equipment account (StealthStat). Reference: Comm.4 Intr. by: Mr. Eagan Waived: FC Res. 16 -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 THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR A FULL -TIME PROJECT COORDINATOR FOR AN ALBIZIA CONTROL PROGRAM Transfers /appropriates $30,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 4); and credits the same to the Department of Research and Development, Hawaii County Resource Center, Miscellaneous Contract Services account (Grant to Big Island Resource Conservation and Development Council). Reference: Comm.5 Intr. by: Mr. Eagan Waived: FC Page 3 Hawaii County Council -2 December 17, 2014 Res. 17 -14: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE HAWAII ISLAND HUMANE SOCIETY'S (HIHS) ANIMAL COMMUNITY CENTER IN KEAUHOU Transfers /appropriates $1,900 out and from the Clerk- Council Services — Contingency Relief account (Council District 7); and credits the same to the Hawaii Police Department - Animal Control Humane Society, Miscellaneous Contract Services account (HIHS - Animal Community Center). Reference: Comm.6 Intr. by: Mr. Kanuha Waived: FC Res. 18 -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 THE ROTARY CLUB OF NORTH HAWAII FOR THE MINUKE`OLE PARK RESTORATION AND CHERRY BLOSSOM TREE BEAUTIFICATION PROJECT Transfers /appropriates $5,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 9); and credits the same to the Department of Research and Development, Hawaii County Resource Center, Miscellaneous Contract Services account (Rotary Club of North Hawai`i). Reference: Comm.7 Intr. by: Ms. Wille Waived: FC Res. 19 -14: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PURCHASE OF TWO "STEALTH STAT SELF - RADARS" FOR THE POLICE DEPARTMENT Transfers /appropriates $6,452.05 out and from the Clerk- Council Services — Contingency Relief account (Council District 3); and credits the same to the Hawaii Police Department, Police Administration Division - Equipment, Miscellaneous Equipment account (Stealth Stat Self- Radar). Reference: Comm.8 Intr. by: Mr. Onishi Waived: FC Page 4 Hawaii County Council -2 December 17, 2014 Res. 20 -14: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five -year lease agreement at an approximate cost of $155 per month. Reference: Comm. 18 Intr. by: Ms. Eoff Waived: FC Res. 21 -14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE (DOJ) PURSUANT TO HAWAII REVISED STATUTES SECTION 46 -7, FOR A COMMUNITY ORIENTED POLICING SERVICES (COPS) HIRING PROGRAM GRANT FOR THE HAWAII COUNTY POLICE DEPARTMENT Provides $250,000 from DOJ to the Police Department to hire two police officers for the COPS Hiring Program. Reference: Comm. 20 Intr. by: Ms. Eoff Waived: FC Res. 22 -14: ADVISES THE CORPORATION COUNSEL TO APPEAL UNITED STATES MAGISTRATE JUDGE BARRY KURREN'S RULING ON ORDINANCE NO. 13 -121 Advises the Corporation Counsel to appeal Magistrate Judge Barry Kurren's ruling with regard to regulating the open air cultivation, propagation, development, or testing of genetically engineered crops or plants. Reference: Comm. 21 Intr. by: Ms. Wille Waived: AWESC Res. 23 -14: PROMOTES AGRICULTURAL SUSTAINABILITY BY NAMING 2015 AS "THE YEAR OF COMPOST" Encourages residents to emphasize and maximize composting during 2015. Reference: Comm. 22 Intr. by: Ms. Wille Waived: AWESC Page 5 Hawaii County Council -2 BILLS FOR ORDINANCES (FIRST READING) December 17, 2014 Bill 320 AMENDS ORDINANCE NO. 14 -81, AS AMENDED, THE OPERATING (Draft 2): BUDGET FOR THE COUNTY OF HAWAII, WITH RESPECT TO THE (2012 -2014) HOUSING FUND, FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Fund Balance From Previous Year account ($62,000); and appropriates the same to the Office of Housing - Other Current Expenses account. Funds would be used to implement the Resources Match software program, which facilitates the intake, screening, and referral process to connect low- income people to different government programs, community -level services, and financial products. Reference: Comm. 1149.3 Intr. by: Ms. Poindexter Approve: FC -207 Bill 323: AMENDS ORDINANCE NO. 14 -82, AS AMENDED, RELATING TO PUBLIC (2012 -2014) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Adds the Prosecutor's Office Prosecuting Attorney Office Building - West Hawaii project for $9.6 million to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and /or Other Sources. Funds would be used to plan and construct an Office of the Prosecuting Attorney building on the grounds of the West Hawaii Civic Center. Reference: Comm. 1155 Intr. by: Ms. Poindexter Approve: FC -208 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10 -6(e), Hawaii County Charter Bill 324: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24 -280, (2012 -2014) SCHEDULE 28 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NO PARKING AT ANY TIME Amends Subsection (c), South Hilo, to revise existing locations on Lanikaula Street and also adds a portion of Kumukoa Street. Reference: Comm. 1160 Intr. by: Mr. Kanuha (B /R) Approve: PWPRC -93 Page 6 Hawaii County Council -2 December 17, 2014 Bill 5: AMENDS ORDINANCE NO. 14 -82, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1. 2014_ TO JUNE 30. 2015 Adds the Public Works Manono Street Improvements — Federal project for $2 million and the Public Works Manono Street Improvements — County project for $500,000 to the Capital Budget. Funds for the projects shall be provided from Federal Grants Receivable ($2 million) and General Obligation Bonds, Capital Projects Fund - Fund Balance and /or Other Sources ($500,000). Funds would be used to widen and improve Manono Street from Lanikaula Street to Kekuanao`a Street to enhance traffic, pedestrian, Americans with Disabilities Act accommodations, and bicycle circulation in the area, and to improve drainage. Reference: Comm. 19 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10 -6(e), Hawaii County Charter Bill 6: AMENDS ORDINANCE NO. 14 -81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2015 Appropriates revenues in the Federal Grants — Community Oriented Policing Services (COPS) 2014 Grant account ($250,000); and appropriates the same to the COPS 2014 Grant account. Funds would be used by the Police Department to hire two police officers for its COPS Hiring Program. Reference: Comm. 20 Intr. by: Ms. Eoff Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 302: AMENDS CHAPTER 14 (GENERAL WELFARE), ARTICLE 4 OF THE (2012 -2014) HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO PROHIBITION OF SMOKING IN CERTAIN PLACES AND THE USE OF ELECTRONIC SMOKING DEVICES Prohibits the use of electronic smoking devices in all enclosed and partially enclosed places within the County where use of tobacco products are currently prohibited, and also prohibits use of electronic smoking devices at all County parks and recreational facilities. Reference: Comm. 1091 Intr. by: Mr. Kanuha First Reading: November 19, 2014 Page 7 Hawaii County Council -2 December 17, 2014 Bill 303: AMENDS SECTION 25 -8 -26 (PAHOA ZONE MAP), ARTICLE 8, (2012 -2014) CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY RESIDENTIAL — 15,000 SQUARE FEET (RS -15) TO VILLAGE COMMERCIAL — 10,000 SQUARE FEET (CV -10) AT NANAWALE HOMESTEADS, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1 -5- 014:005 (Applicant: Paul Ogasawara) (Area: Approx. 42,856 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to construct a commercial office and retail complex on Pahoa Village Road consisting of approximately 7,500 square feet. Reference: Comm. 1094 Intr. by: Mr. Kern (B /R) First Reading: November 19, 2014 Bill 304: AMENDS SECTION 25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2012 -2014) CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — ONE ACRE (A -la) TO NEIGHBORHOOD COMMERCIAL — 20,000 SQUARE FEET (CN -20) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2- 3- 037:012 (Applicant: David and Brenda Camacho) (Area: Approx. 1.02 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to develop medical offices on the property. Reference: Comm. 1095 Intr. by: Mr. Kern (B /R) First Reading: November 19, 2014 Bill 305: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24 -279, (2012 -2014) SCHEDULE 27 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED AT ALL TIMES Adds Marlin Road and Ono Road to Subsection (f), Kona Reference: Comm. 1101 Intr. by: Mr. Kanuha (B /R) First Reading: November 19, 2014 Page 8 Hawaii County Council -2 December 17, 2014 Bill 306: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 3, SECTION 24 -275, (2012 -2014) SCHEDULE 23 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BUS STOPS AND PUBLIC ROAD TAXI STANDS Amends Subsection (c), South Hilo, to provide a bus stop on Shipman Street from 8:00 a.m. to 12:00 p.m. on school days. Reference: Comm. 1102 Intr. by: Mr. Kanuha (B /R) First Reading: November 19, 2014 Bill 307: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24 -287, (2012 -2014) SCHEDULE 35 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PASSENGER LOADING ZONES Adds portion of Kamehameha Avenue to Subsection (c), South Hilo, to provide a designated loading /unloading area for the Connections Public Charter School between the hours of 6:00 a.m. and 8:00 a.m. on school days. Reference: Comm. 1103 Intr. by: Mr. Yoshimoto First Reading: November 19, 2014 Bill 308: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24 -288, (2012 -2014) SCHEDULE 36 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Removes portion of Kino`ole Street from Subsection (c), South Hilo. Reference: Comm. 1104 Intr. by: Mr. Kanuha (B /R) First Reading: November 19, 2014 Bill 309: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24 -288, (2012 -2014) SCHEDULE 36 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Removes portion of Furneaux Lane from Subsection (c), South Hilo. Reference: Comm. 1105 Intr. by: Mr. Kanuha (B /R) First Reading: November 19, 2014 Page 9 Hawaii County Council -2 December 17, 2014 Bill 310: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24- 288.1, (2012 -2014) SCHEDULE 36.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ACTIVE LOADING AND UNLOADING Lengthens an existing loading /unloading zone on Punahoa Street; Subsection (c), South Hilo. Reference: Comm. 1106 Intr. by: Mr. Kanuha (B /R) First Reading: November 19, 2014 Bill 321: AMENDS ORDINANCE NO. 14 -81, AS AMENDED, THE OPERATING (2012 -2014) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2015 Appropriates revenues in the Federal Grants - Broadband Capacity Building Pilot Program account ($188,500); and appropriates the same to the Broadband Capacity Building Pilot Program account. Funds would be used to conduct pilot projects to expand broadband Internet services to unserved and underserved areas in Hawaii County. Reference: Comm. 1151 Intr. by: Ms. Poindexter First Reading: November 19, 2014 Bill 322: AMENDS ORDINANCE NO. 14 -81, AS AMENDED, THE OPERATING (2012 -2014) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2015 Appropriates revenues in the Federal Grants - Hamakua Broadband Assessment Program account ($40,000); and appropriates the same to the Hamakua Broadband Assessment Program account. Funds would be used to conduct a community assessment of the broadband probability in the Hamakua District. Reference: Comm. 1152 Intr. by: Ms. Poindexter First Reading: November 19, 2014 Page 10 Hawaii County Council -2 December 17, 2014 REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 9: HAWAII FLORICULTURE AND NURSERY ASSOCIATION, ET AL. V. COUNTY OF HAWAII; CIVIL NO. 14 -00267 BMK From Deputy Corporation Counsel Katherine A. Garson, dated November 28, 2014, requesting an attorney- client confidential discussion to consult with the Council regarding the dispositive order for the hearing held on October 23, 2014, including appeal. The Council anticipates convening an executive meeting regarding the above matter, 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 Hawaii 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 accommodations for this meeting should call 961 -8255 by December 15, 2014. Relay users please call 711(961 -8255) to contact our office. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS ") §92 -3.5, the Hawaii 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 Council Chambers, Hawaii 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 Mamalahoa Highway, Suite 5. Page 11 Hawaii County Council -2 December 17, 2014 Public attendance via videoconference is also available at the following locations until public testimony has been completed: • County Facility (former Bank of Hawaii Building), 54 -3888 Akoni Pule Highway, Kohala; • Hawaiian Ocean View Estates Community Center, 92 -8924 Leilani Circle; and • Pahoa 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. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to counciltestiinonyLq )co.hawaii.hi.us. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may e -mail a complete web address (url) to videotestimonyghawaiicounty_.gov before 12:00 noon on the business day prior to the 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 submittal. Each video submittal shall be limited to a single agenda item. 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: Wednesdays, December 24 and 31, 2014, at 6 p.m.; Fridays, December 26, 2014, and January 2, 2015, at 12 p.m.; and Sundays, December 28, 2014, and January 4, 2015, 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 Hawaii. Please check the current legislative broadcast schedule on the Na Leo `O Hawaii website at http: / /www.naleo.ty /tv- schedules /channel -55/.) UPCOMING MEETINGS COMMITTEES COUNCIL TUESDAY, JANUARY 6, 2015 TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, JANUARY 7, 2015 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 12 Hawaii County Council -2 COUNCIL December 17, 2014 FRIDAY. JANUARY 23. 2015 9:00 A.M. WEST HAWAII CIVIC CENTER 74 -5044 Ane Keohokalole Highway Building A Page 13