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Home My WebLink AboutAGE COUNCIL 02/18/2015 2014-2016DRU MAMO KANUHA Chair and Presiding Officer VALERIE T. POINDEXTER Vice Chair 6"' Session COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 ORDER OF BUSINESS AARON S. Y. CHUNG MAILE "MEDEIROS" DAVID KAREN EOFF GREGGORILAGAN DENNIS "FRESH" ONISHI DANNY PALEKA MARGARET WILLE West Hawaii Civic Center _j 74-5044 Ane Keohokalole Highway, Building A -, Kailua-Kona, Hawaii r: February 18, 2015 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 Dean Stanley of Kona Baptist Church Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council -6 February 18, 2015 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Global Virtual Presentation of a Certificate of Merit Sponsored by Council Member Studio "GVS" Karen Eoff recognizing "GVS" Transmedia Accelerator for being selected by the Transmedia United States Small Business Administration as a top business accelerator in the Accelerator: nation. Reference: Comm. 60 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. 41-15: AUTHORIZES APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION TO SATISFY CONDITION "M" OF ORDINANCE NO. 09-149 Authorizes the reimbursement of $2,400, the cost of contributing a 15 -foot wide future road widening strip along the property frontage of Ainaola Drive, to offset future fair share contributions. Reference: Comm. 65 Intr. by: Mr. Eagan (B/R) Approve: PC -2 Page 2 Hawaii County Council -6 February 18, 2015 Res. 50-15: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 2, MEETINGS Amends Council Rule 2 by decreasing the number of votes required to allow a Committee or Council meeting to go beyond 6 p.m., requiring the Council's prior approval for any request of a presentation not related to a pending bill or resolution, and requiring equal time be allowed for and against the subject matter of any presentation relating to a pending bill or resolution. Reference: Comm. 79 Intr. by: Ms. Wille Postponed: February 4, 2015 (Note: There is a pending motion by Ms. Wille and duly seconded by Ms. David to approve Res. 50-15.) Res. 55-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HAWAII HEALTH SYSTEMS CORPORATION, HILO MEDICAL CENTER (HMC), PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO PROVIDE DISPOSAL SERVICES OF NON -HOSPITAL INFECTIOUS WASTE FROM THE HAWAII FIRE DEPARMENT'S EMERGENCY MEDICAL SERVICES BUREAU Provides for the disposal of non -hospital infectious waste at a cost of $3.50 per pound, which may be increased upon written notice by HMC. Reference: Comm. 88 Intr. by: Ms. Eoff Approve: FC -6 Res. 60-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2015 HAWAII ISLAND WOMEN'S LEADERSHIP FORUM Transfers/appropriates $2,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 7); and credits the same to the Office of the Prosecuting Attorney, Committee on Status of Women, Miscellaneous Contract Services account (2015 Hawaii Island Women's Leadership Forum). Funds would be used to pay for promotional and educational materials. Reference: Comm. 95 Intr. by: Mr. Kanuha Page 3 Hawaii County Council -6 February 18, 2015 Res. 61-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR HAWAII ISLAND HUMANE SOCIETY'S (HIHS) ANIMAL COMMUNITY CENTER Transfers/appropriates $2,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits the same to the Hawaii Police Department—Animal Control Humane Society, Miscellaneous Contract Services account (HIHS — Animal Community Center). Funds would be used to pay for front entrance landscaping and rock wall enclosures. Reference: Comm. 96 Intr. by: Ms. Eoff Res. 62-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO CONTINUE THE BUS ROUTE THAT SERVICES THE UNIVERSITY OF HAWAII AT HILO (UHH) AND HAWAII COMMUNITY COLLEGE (HCC) Transfers/appropriates $2,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 5); and credits the same to the Mass Transit Agency, Mass Transit Other Current Expenses, Miscellaneous Contract Services account (UHH/HCC Bus Route). Funds would be used to cover operating expenses to continue the bus route servicing UHH and HCC students during the academic year. Reference: Comm. 100 Intr. by: Mr. Paleka Res. 63-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR HAWAII ISLAND HUMANE SOCIETY'S (HIHS) ANIMAL COMMUNITY CENTER IN KEAUHOU Transfers/appropriates $2,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 6); and credits the same to the Hawaii Police Department—Animal Control Humane Society, Miscellaneous Contract Services account (HIHS—Animal Community Center). Funds would be used to purchase a permanent sign for the front entrance. Reference: Comm. 101 Intr. by: Ms. David Page 4 Hawaii County Council -6 February 18, 2015 Res. 64-15: SUPPORTS THE EFFORTS OF THE HAWAII STATE JUDICIARY IN SEEKING AN APPROPRIATION FROM THE HAWAII STATE LEGISLATURE FOR THE REMAINING BALANCE FOR THE CONSTRUCTION AND COMPLETION OF THE KONA JUDICIARY COMPLEX Supports the State's effort to secure the remaining balance of $55 million to complete the project. Reference: Comm. 102 Intr. by: Mr. Chung Waived: GREDC Res. 66-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2015 HAWAII ISLAND WOMEN'S LEADERSHIP FORUM Transfers/appropriates $4,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 2); and credits the same to the Office of the Prosecuting Attorney, Committee on Status of Women, Miscellaneous Contract Services account (2015 Hawaii Island Women's Leadership Forum). Funds would be used to pay for planning and implementation expenses. Reference: Comm. 104 Intr. by: Mr. Chung Res. 67-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO CONTINUE THE BUS ROUTE THAT SERVICES THE UNIVERSITY OF HAWAII AT HILO (UHH) AND HAWAII COMMUNITY COLLEGE (HCC) Transfers/appropriates $5,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 3); and credits the same to the Mass Transit Agency, Mass Transit Other Current Expenses, Miscellaneous Contract Services account (UHH/HCC Bus Route). Funds would be used to cover operating expenses to continue the bus route servicing UHH and HCC students during the academic year. Reference: Comm. 105 Intr. by: Mr. Onishi Page 5 Hawaii County Council -6 February 18, 2015 Res. 68-15: URGES THE HAWAII STATE LEGISLATURE TO PASS SENATE BILL NO. 316 AND HOUSE BILL NO. 1165 TO HELP VICTIMS OF DOMESTIC ABUSE Urges the passing of both bills, which remove the provision allowing criminal courts to waive the Crime Victim Compensation Fee in cases where the court finds the defendant is unable to pay. Reference: Comm. 106 Intr. by: Mr. Onishi Waived: GREDC Res. 69-15: URGES THE HAWAII STATE LEGISLATURE TO PASS SENATE BILL NO. 574 AND HOUSE BILL NO. 1166 TO HELP VICTIMS OF DOMESTIC ABUSE Urges the passing of both bills, which add the mouth and nose to the types of body parts on which pressure that is applied to impede normal breathing or blood circulation shall be pursued as a Class C felony. Reference: Comm. 107 Intr. by: Mr. Onishi Waived: GREDC Res. 70-15: URGES THE HAWAII STATE LEGISLATURE TO SUPPORT FUNDING FOR AN ADVANCED LIFE SUPPORT AMBULANCE TO BE BASED IN PUNA, AS PROVIDED IN SENATE BILL NO. 1016 AND HOUSE BILL NO. 851 Urges the passing of both bills, which provide an additional advanced life support ambulance in Puna, plus funding for equipment and personnel costs. Reference: Comm. 108 Intr. by: Mr. Eagan Waived: GREDC Res. 71-15: NOMINATES A REPRESENTATIVE TO SERVE AS A DIRECTOR ON THE WESTERN INTERSTATE REGION BOARD OF DIRECTORS Nominates Council Member Danny Paleka. Reference: Comm. 109 Intr. by: Mr. Onishi Waived: GREDC Page 6 Hawaii County Council -6 February 18, 2015 Res. 74-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2015 HAWAII ISLAND WOMEN'S LEADERSHIP FORUM Transfers/appropriates $1,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 5); and credits the same to the Office of the Prosecuting Attorney, Committee on Status of Women, Miscellaneous Contract Services account (2015 Hawaii Island Women's Leadership Forum). Funds would be used to pay for educational materials and supplies. Reference: Comm. 113 Intr. by: Mr. Paleka Res. 79-15: URGES THE HAWAII STATE LEGISLATURE TO SUPPORT FUNDING FOR AN ADVANCED LIFE SUPPORT AMBULANCE IN MAKALEI, AS PROVIDED IN SENATE BILL NO. 298 AND HOUSE BILL NO. 481 Urges the passing of both bills, which provide an advanced life support ambulance in Makalei, North Kona. Reference: Comm. 119 Intr. by: Mr. Eagan Waived: GREDC Res. 80-15: URGES THE HAWAII STATE LEGISLATURE TO PASS HOUSE BILL NO. 373 RELATING TO THE TRANSIENT ACCOMMODATIONS TAX (TA I Urges the passing of House Bill No. 373, which amends the TAT revenue amount allocated to the counties from $103 million annually to an unspecified percentage of the revenues collected. Reference: Comm. 120 Intr. by: Mr. Onishi Waived: GREDC Page 7 Hawaii County Council -6 February 18, 2015 Res. 81-15: URGES THE HAWAII STATE LEGISLATURE TO PASS HOUSE BILL NO. 833 RELATING TO THE TRANSIENT ACCOMMODATIONS TAX (TAT) Urges the passing of House Bill No. 833, which permanently allocates $103 million in TAT revenue to the counties. Reference: Comm. 121 Intr. by: Mr. Onishi Waived: GREDC Res. 82-15: URGES THE HAWAII STATE HOUSE OF REPRESENTATIVES TO PASS HOUSE BILL NO. 1041 RELATING TO HUNTING Urges the passing of House Bill No. 1041, which establishes a game commission to serve in an advisory capacity to the Governor and the Board of Land and Natural Resources. Reference: Comm. 122 Intr. by: Mr. Onishi Waived: GREDC Res. 85-15: URGES THE HAWAII STATE LEGISLATURE TO APPROPRIATE FUNDS TO EMPLOY LIFEGUARDS FOR KUA BAY, KEKAHA KAI STATE PARK, ON THE ISLAND OF HAWAII Urges the passing of House Bill No. 527, which appropriates up to $200,000 for Fiscal Year 2015-2016 and the same amount for Fiscal Year 2016-2017 to pay for lifeguard salaries, benefits, equipment, and other related expenses. Reference: Comm. 128 Intr. by: Ms. Eoff Waived: GREDC Res. 86-15: URGES THE HAWAII STATE LEGISLATURE TO PASS SENATE BILL NO. 1233 AND HOUSE BILL NO. 610 APPROPRIATING FUNDS FOR A FEDERAL INSPECTION STATION AT KONA INTERNATIONAL AIRPORT Urges the passing of both bills, which funds a building that will replace a structure that no longer meets United States Customs and Border Protection technical standards and provides the state with a second international port of entry. Reference: Comm. 129 Intr. by: Mr. Onishi Waived: GREDC Page 8 Hawaii County Council -6 BILLS FOR ORDINANCES (FIRST READING) February 18, 2015 Bill 281: AMENDS CHAPTER 25, ARTICLE 6, DIVISION 1 AND ARTICLE 5 OF (2012-2014) THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PLANNED UNIT DEVELOPMENT Amends the Zoning Code to require Planned Unit Development (P.U.D.) applications to be reviewed and acted on by either the Leeward or Windward Planning Commission, to be determined based on the location of the property for which the P.U.D. is sought. Reference: Comm. 1025 Intr. by: Ms. Eoff Approve: PC -3 Bill 17: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — THREE ACRES (A -3a) TO FAMILY AGRICULTURAL-- ONE ACRE (FA -la) AT WAIAKEA HOMESTEADS 2ND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-034:045 (Applicants: Melvin and Brenda Morris) (Area: Approx. 3.002 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicants to subdivide the property into three lots, to be conveyed to the applicants' children. Reference: Comm. 63 Intr. by: Mr. Eagan (B/R) Approve: PC -4 Bill 18: AMENDS SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 1 ACRE (A -la) TO VILLAGE COMMERCIAL — 10,000 SQUARE FEET (CV -10) AT HOLUALOA, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-6-013:017 (Applicant: Orchid Isle Auto Center) (Area: 1.002 acre) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to develop automobile storage and employee parking. Reference: Comm. 64 Intr. by: Mr. Eagan (B/R) Approve: PC -5 Page 9 Hawaii County Council -6 February 18, 2015 Bill 20: 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 Environmental Management Hilo Ocean Outfall Assess/Repair project for $4.95 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 towards design and construction costs related to protection of the exposed portion of the shoreline outfall pipe located in Hilo, to perform an assessment of the ocean outfall, and to repair leaking joints. Reference: Comm. 82 Intr. by: Ms. Eoff Approve: FC -7 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawaii County Charter ORDER OF THE DAY (SECOND OR FINAL READING) Bill 21: 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 Highway Administration Office Building Improvements project for $500,000 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 expand and improve office space at the Highways Administration building. Reference: Comm. 83 Intr. by: Ms. Eoff First Reading: February 4, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawaii County Charter Page 10 Hawaii County Council -6 February 18, 2015 Bill 22: 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 - Wrongful Conviction Demonstration Project account ($52,072); and appropriates the same to the Wrongful Conviction Demonstration Project account. Funds would be used to purchase recording equipment and related technology to record custodial interrogations of individuals by law enforcement personnel. Reference: Comm. 89 Intr. by: Ms. Eoff First Reading: February 4, 2015 Bill 23: 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 - Improve Forensic Services account ($25,641); and appropriates the same to the Improve Forensic Services account. Funds would be used to pay for costs associated with keeping personnel updated in forensic science training and to purchase updated forensic science equipment. Reference: Comm. 90 Intr. by: Ms. Eoff First Reading: February 4, 2015 REPORTS REFERRALS FOR EXECUTIVE SESSION 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. Page 11 Hawaii County Council -6 February 18, 2015 The meeting places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by February 13, 2015. 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 Members Greggor Eagan and 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. 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. Live stream of County Council Meetings: Council meetings are available for live viewing. Click on Council Meetings on the County's homepage at htip://www.hawaiicounty_.gov. 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)hawaiicouno�.ov. 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). Page 12 Hawaii County Council -6 February 18, 2015 Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, February 25 and March 4, 2015, at 6 p.m.; Fridays, February 27 and March 6, 2015, at 12 p.m.; and Sundays, March 1 and 8, 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/ty- schedules/channel-55/.) UPCOMING MEETINGS TUESDAY. MARCH 3. 2015 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, MARCH 4, 2015 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY. MARCH 17. 2015 COMMITTEES TBA WEST HAWAII CIVIC CENTER 74-5044 Ane Keohokalole Highway Building A WEDNESDAY, MARCH 18, 2015 COUNCIL 9:00 A.M. WEST HAWAII CIVIC CENTER 74-5044 Ane Keohokalole Highway Building A Page 13