The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 03/18/2015 2014-2016DRU MAMO KANUHA Chair and Presiding Officer VALERIE T. POINDEXTER Vice Chair 8`" Session COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 ORDER OF BUSINESS West Hawaii Civic Center 74 -5044 Ane Keohokdlole Highway, Building A Kailua -Kona, Hawaii March 18, 2015 9:00 a.m. AARON S. Y. CHUNG MAILE "MEDEIROS" DAVID KAREN EOFF GREGGOR ILAGAN DENNIS "FRESH" ONISHI DANNY PALEKA MARGARET WILLE s v, 0 n a N _ > v -- (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Pastor Bruce Pratt of Cornerstone Christian Fellowship Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council -8 March 18, 2015 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Gunner Mench: Presentation of a Certificate of Merit Sponsored by Council Member Margaret Wille recognizing Gunner Mench for his achievements and contributions within the community. Reference: Comm. 94 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 Comm. 172: NOMINATION OF WESLEY T. TAKAI TO THE TAX BOARD OF REVIEW From Mayor William P. Kenoi, dated February 11, 2015, submitting for the Council's review and confirmation the above nomination. Waived: FC ORDER OF RESOLUTIONS Res. 91 -15: ACCEPTS THE NEGOTIATED LEASE AGREEMENT FOR HAMAKUA LANDS IDENTIFIED AS TAX MAP KEYS: 4 -3 -009: 055, 056, 057, AND 058 WITH CROWN PACIFIC INTERNATIONAL LLC, PURSUANT TO SECTION 2 -114 OF THE HAWAII COUNTY CODE Resolution 38 -11 authorized the lease of certain County of Hawaii owned lands and required that the negotiated lease agreement for those lands be accepted by the County Council. The above parcels consist of 66.416 acres, and would be leased for 10 years at $3,320.80 per year, with an option of two additional 10 -year terms. Reference: Comm. 135 Intr. by: Ms. Eoff Approve: FC -9 Page 2 Hawaii County Council -8 March 18, 2015 Res. 95 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE CRUISE PARADISE 2015 Transfers /appropriates $2,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 1); and credits the same to the Department of Parks and Recreation Culture /Arts Other Current Expenses, Miscellaneous Contract Services account (Cruise Paradise 2015). Funds would be used to pay for festivity costs associated with the 10 -day car event to be held June 25 through July 5, 2015. Reference: Comm. 149 Intr. by: Ms. Poindexter Res. 96 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE A COMMERCIAL STOVE FOR THE KOHALA INTERGENERATIONAL BUILDING Transfers /appropriates $2,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 9); and credits the same to the Department of Parks and Recreation, Elderly Activities Division Recreation Equipment, Miscellaneous Equipment account (Kohala Intergenerational Building — Commercial Stove). Reference: Comm. 150 Intr. by: Ms. Wille Res. 97 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO IMPROVE AND EXPAND THE KONA •:"", Transfers /appropriates $25,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 7); and credits the same to the Department of Parks and Recreation, Transfer to Capital Project Fund account (Discretionary Projects — Council District 7 — Kona Skatepark). Reference: Comm. 158 Intr. by: Mr. Kanuha Page 3 Hawaii County Council -8 March 18, 2015 Res. 98 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO EXPAND AND IMPROVE THE KAILUA SKATEPARK Transfers /appropriates $25,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 8); and credits the same to the Department of Parks and Recreation, Transfer to Capital Project Fund account (Discretionary Projects — Council District 7 — Kailua Skatepark). Reference: Comm. 159 Intr. by: Ms. Eoff Res. 99 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR TRANSPORTATION EXPENSES FOR THE NORTH KOHALA SENIOR PROGRAM Transfers /appropriates $2,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 9); and credits the same to the Department of Parks and Recreation, Elderly Activities Division Recreation Other Current Expenses, Miscellaneous Contract Services account (North Kohala Seniors — Transportation). Funds would be used to pay for transportation expenses for three excursions. Reference: Comm. 160 Intr. by: Ms. Wille Res. 100 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO REPAIR THE AIR CONDITIONER AT THE NORTH KOHALA SENIOR CENTER Transfers /appropriates $2,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 9); and credits the same to the Department of Parks and Recreation, Elderly Activities Division Recreation Other Current Expenses, Equipment Repairs/Maintenance account (North Kohala Senior Center Air Conditioner). Reference: Comm. 161 Intr. by: Ms. Wille Page 4 Hawaii County Council -8 March 18, 2015 Res. 101 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ANEKONA OULI KANEHOA VFD COMPANY FOR THE DEVELOPMENT OF AN APPARATUS GARAGE Transfers /appropriates $3,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 9); and credits the same to the Hawaii Fire Department, Training and Volunteer Fire Other Current Expenses, Building and Construction Materials account (Anekona Ouli Kanehoa VFD Company). Funds would be used to develop an apparatus garage for storage and maintenance of vehicles and equipment to be used by the Hawaii Fire Department and its local volunteer company 9 Bravo. Reference: Comm. 162 Intr. by: Ms. Wille Res. 102 -15: APPROVES PARTICIPATION BY THE HAWAII STATE ASSOCIATION OF COUNTIES IN THE NATIONAL ASSOCIATION OF COUNTIES' (NACo) DENTAL PROGRAM Requires approval of the marketing agreement (Exhibit B) by HSAC's member counties. NACo would provide a dental discount card for member counties and state associations of counties to offer to residents. Reference: Comm. 165 Intr. by: Ms. Poindexter Waived: GREDC Res. 103 -15: AUTHORIZES THE HAWAII COUNTY POLICE DEPARTMENT TO AWARD FUNDS TO THE HAWAII ISLAND ECONOMIC DEVELOPMENT BOARD ( HIEDB) A grant in the amount of $150,000 would be used by the HIEDB to supplement the construction of a police memorial for fallen officers at a site located at the Hilo police station. Reference: Comm. 167 Intr. by: Ms. Eoff Waived: FC Page 5 Hawaii County Council -8 March 18, 2015 Res. 106 -15: CREATES TWO POLICE OFFICER II POSITIONS FOR THE HAWAII COUNTY POLICE DEPARTMENT The positions would be under the Department's Community Oriented Policing Services Hiring Program and partially funded by a $250,000 grant from the United States Department of Justice. One position would be based at the Waimea Middle School and the other at Kea`au Middle School. Reference: Comm. 171 Intr. by: Ms. Eoff Waived: FC Res. 108 -15: GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3- 12(a), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE DIRECTORY SIGN ON 45 -547 PLUMERIA STREET, HONOKA`A, HAWAII, 96727, TAX MAP KEY: 4 -5- 010:091 (ZONED "A -la & A -40a" AGRICULTURAL DISTRICT) The applicant, University of Hawaii -Hilo North Hawaii Education & Research Center, requests a sign variance for one ground sign to be placed at the corner of Plumeria and Lehua Streets in Honoka`a. Reference: Comm. 174 Intr. by: Ms. Poindexter Waived: PWPRC Res. 109 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KALANI HONUA TO PURCHASE SUPPLIES AND EQUIPMENT FOR A GROCERY MARKET THAT WILL SERVICE THE DISTRICT OF PUNA AND THE COMMUNITY AT LARGE Transfers /appropriates $10,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 5); and credits the same to the Department of Research and Development, Hawaii County Resource Center, Miscellaneous Contract Services account (Kalani Honua — Grocery Market). Funds would be used to assist in the launch of a new grocery market that would provide local produce from area farmers and bulk products. Reference: Comm. 175 Intr. by: Mr. Paleka Page 6 Hawaii County Council -8 March 18, 2015 Res. 110 -15: 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 DIVINE MERCY FAMILY FOUNDATION TO ESTABLISH A GONGFUBALL SPORTS CLUB IN PUNA Transfers /appropriates $5,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 5); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Divine Mercy Family Foundation). Funds would be used to pay for supplies, equipment, promotional materials, and instructor fees. Reference: Comm. 176 Intr. by: Mr. Paleka Res. 111 -15: 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 & DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO TRANSPORTATION AND MEALS FOR PHILIPPINE CULTURAL DANCE GROUP, KAYAMANAN Transfers /appropriates $2,500 out and from the Clerk- Council Services — Contingency Relief account (Council District 5); and credits the same to the Department of Research and Development, Tourism Promotion, Miscellaneous Contract Services account (Big Island Resource Conservation and Development Council). Funds would be used to offset costs for transportation, meals, and other associated expenses for performances at the 52nd Annual Merrie Monarch Festival and University of Hawaii at Hilo. Reference: Comm. 177 Intr. by: Mr. Paleka Res. 112 -15: URGES THE HAWAII STATE LEGISLATURE TO PASS SENATE BILL NO. 1344 AND HOUSE BILL NO. 1491, RELATING TO CAMPAIGN SPENDING Urges the passing of both bills to support increased transparency and accountability in the electoral process regarding the funding sources for SuperPACs. Reference: Comm. 178 Intr. by: Mr. Eagan Waived: GREDC Page 7 Hawaii County Council -8 BILLS FOR ORDINANCES (FIRST READING) March 18, 2015 Bill 25: AMENDS SECTION 25 -8 -11 (LALAMILO- PU'UKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — ONE ACRE (A -la) TO SINGLE FAMILY RESIDENTIAL — 20,000 SQUARE FEET (RS -20) AT WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6 -5- 011:030. (Applicants: Robert Hind III and Margaret Hind) (Area: 0.813 acre) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicants to create a parcel that would be given to their daughter to build a residence. Bill 27: Bill 30: Reference: Comm. 123 Intr. by: Mr. Eagan Approve: PC -13 AMENDS ORDINANCE NO. 14 -81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2015 Increases revenues in the Real Property Tax Sale Cost & Expense account ($200,000); and appropriates the same to the Real Property Tax Sale Cost & Expense account. Funds would be used to accommodate a third real property tax foreclosure tax sale in Fiscal Year 2014 -2015. Reference Intr. by: Approve: Comm. 136 Ms. Eoff FC -10 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 Parks and Recreation Pana`ewa Zoo and Gardens project for $136,294.07 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 purchase equipment to complete the children's playground at the zoo. Reference: Comm. 166 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 Page 8 Hawaii County Council -8 March 18, 2015 Bill 31: 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 Parks and Recreation Hilo Bayfront Trails - Federal project for $345,743 to the Capital Budget. Funds for the project shall be provided from Federal Grants Receivable. Funds would be used to construct a paved multi - purpose path along Hilo Bayfront. Reference: Comm. 170 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 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 282: AMENDS CHAPTER 25, ARTICLE 3, SECTION 25 -3 -2, ARTICLE 4, (2012 -2014) SECTION 25 -4 -59.2, AND ARTICLE 7 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE ESTABLISHMENT OF A SPECIAL DISTRICT TO BE KNOWN AS THE PAHOA VILLAGE DESIGN (PVD) DISTRICT TO INCLUDE ADOPTED DESIGN GUIDELINES AND A DESIGN REVIEW COMMITTEE, AND PROVIDING AN EXCEPTION TO OFF - STREET PARKING AND LOADING REQUIREMENTS FOR SAID SPECIAL DISTRICT (Planning Director Initiated) The Windward Planning Commission forwards its favorable recommendation for this amendment to the Zoning Code, which provides a process for community review of project applications and plan, and to provide distinct requirements for Off - Street Parking and Loading in the proposed PVD District. Reference: Comm. 1027 Intr. by: Mr. Kern (B /R) First Reading: March 4, 2015 Page 9 Hawaii County Council -8 March 18, 2015 Bill 283: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 7 AND ARTICLE 6, (2012 -2014) DIVISION 1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO REVIEW OF DEVELOPMENT PROJECTS PROPOSED WITHIN A SPECIAL DISTRICT (Planning Director Initiated) The Windward and Leeward Planning Commissions forward their favorable recommendation for this amendment to the Zoning Code, which would create a process within the Zoning Code that requires the Planning Director to review and consult with a local design review committee for certain land use permit applications situated within a special district to promote consistency with applicable adopted design guidelines and /or standards. Reference: Comm. 1028 Intr. by: Mr. Kern (B /R) First Reading: March 4, 2015 Bill 291: AMENDS CHAPTER 3 OF THE HAWAII COUNTY CODE 1983 (2012 -2014) (2005 EDITION, AS AMENDED), RELATING TO REGULATION OF SIGNS IN THE PAHOA VILLAGE DESIGN DISTRICT Sets forth the requirements and procedures for obtaining a permit for signage within the Pahoa Village Design District. Also establishes the review process for sign permit applications. REPORTS FC -11 (Comm. 138): PC -9 (Comm. 139) PC -10 (Comm. 142) Reference: Comm. 1044 Intr. by: Mr. Kern (B /R) First Reading: March 4, 2015 NOMINATION OF KENNETH G. GOODENOW TO THE BOARD OF From Mayor William P. Kenoi, dated February 11, 2015, submitting for the Council's review and confirmation the above nomination. NOMINATION OF DONN K. DELA CRUZ TO THE WINDWARD PLANNING COMMISSION From Mayor William P. Kenoi, dated February 11, 2015, submitting for the Council's review and confirmation the above nomination. NOMINATION OF OLIVER S. SHIMAOKA TO THE LEEWARD PLANNING COMMISSION From Mayor William P. Kenoi, dated February 11, 2015, submitting for the Council's review and confirmation the above nomination. Page 10 Hawaii County Council -8 March 18, 2015 PC -11 NOMINATION OF BRYANT K. BALOG TO THE WATER BOARD (Comm. 145): From Mayor William P. Kenoi, dated February 11, 2015, submitting for the Council's review and confirmation the above nomination. PC -12 NOMINATION OF SCOTT E. CHURCH TO THE LEEWARD PLANNING (Comm. 146): COMMISSION From Mayor William P. Kenoi, dated February 11, 2015, submitting for the Council's review and confirmation the above nomination. AWESC -1 NOMINATION OF NANILOA K. POGLINE TO THE GAME (Comm. 141): MANAGEMENT ADVISORY COMMISSION From Mayor William P. Kenoi, dated February 11, 2015, submitting for the Council's review and confirmation the above nomination. 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. The meeting places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961 -8255 by March 16, 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 Member Greggor Eagan will be participating from the Hilo Council Chambers.) Page 11 Hawaii County Council -8 March 18, 2015 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). Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, March 25 and April 1, 2015, at 6 p.m.; Fridays, March 27 and April 3, 2015, at 12 p.m.; and Sundays, March 29 and April 5, 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/.) Page 12 Hawaii County Council -8 UPCOMING MEETINGS COMMITTEES COUNCIL COMMITTEES COUNCIL TUESDAY. MARCH 31. 2015 TBA WEDNESDAY, APRIL 1, 2015 9:00 A.M. TUESDAY, APRIL 14, 2015 March 18, 2015 COUNCIL ROOM - HILO 25 Aupuni Street COUNCIL ROOM - HILO 25 Aupuni Street TBA WEST HAWAII CIVIC CENTER 74 -5044 Ane Keohokalole Highway Building A WEDNESDAY. APRIL 15. 2015 9:00 A.M. WEST HAWAII CIVIC CENTER 74 -5044 Ane Keohokalole Highway Building A Page 13