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Home My WebLink AboutAGE COUNCIL 2017/01/25 2016-2018 VALERIE T.POINDEXTER .�tr^os N. AARON S.Y.CHUNG ;�o.IV Chair and Presiding Officer 1�v, MAILE MEDEIROS DAVID DRU MAMO KANUHA KAREN EOFF ' "s'-- SUSAN L.K. LEE LOY EILEEN O'HARA Vice Chair ?��os M►�' HERBERT M."TIM"RICHARDS,III JENNIFER RUGGLES COUNTY COUNCIL County of Hawai'i COUNTY CLERIC Hawai'i County Building COUNTY OF RAWAI'I 25 Aupuni Street RECEIVED Hilo, Hawaii 96720 Time 7--;q��'" BY Date JAN ] e VW4th Session ORDER OF BUSINESS West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai`i January 25, 2017 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Makana Delovio of New Hope Legacy 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-4 January 25, 2017 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 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. 31-17: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 AND 46-15.1 OF THE HAWAIʻI REVISED STATUTES, FOR THE PROPOSED KALOKO HEIGHTS AFFORDABLE HOUSING PROJECT IN NORTH KONA, HAWAIʻI Hawaiʻi Island Community Development Corporation (HICDC) is proposing to develop at least 80 affordable housing units for rental or homeownership to qualified low and moderate-income residents in the County. HICDC seeks a change in zoning classification from Open to Residential Multiple-Family for a portion of Tax Map Key: 7-3-009:032 and an exemption from Off-Street Loading requirements. Reference: Comm. 40 Intr. by: Ms. Eoff (B/R) Approve: PC-1 Res. 34-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND WAVE RIDERS AGAINST DRUGS FOR THE WEST HAWAI‘I COMMUNITY BEACH CLEANUP Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Liquor Control, Public Programs account. Reference: Comm. 44 Intr. by: Mr. Kanuha Page 2 Hawai‘i County Council-4 January 25, 2017 Res. 35-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND WAVE RIDERS AGAINST DRUGS TO ASSIST WITH EXPENSES ASSOCIATED WITH THE WEST HAWAI‘I’S COMMUNITY BEACH CLEANUP Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. Reference: Comm. 45 Intr. by: Ms. Eoff Res. 36-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE SAKADA DAY CELEBRATION 2016 Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Research and Development, Hawai‘i County Resource Center account. Reference: Comm. 47 Intr. by: Ms. Poindexter Res. 37-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND SUBSTANCE ABUSE COUNCIL FOR ITS 2017 KONA SPLASH BASH Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 48 Intr. by: Mr. Kanuha Page 3 Hawai‘i County Council-4 January 25, 2017 Res. 38-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND SUBSTANCE ABUSE COUNCIL FOR ITS 2017 KONA SPLASH BASH Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 49 Intr. by: Ms. David Res. 39-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND SUBSTANCE ABUSE COUNCIL TO ASSIST WITH EXPENSES FOR ITS 2017 KONA SPLASH BASH Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 50 Intr. by: Ms. Eoff Res. 40-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HALE MUA CULTURAL GROUP TO ASSIST WITH EXPENSES ASSOCIATED WITH THE 2017 KING KAMEHAMEHA DAY CELEBRATION PARADE AND HO‘OLAULE‘A Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. Reference: Comm. 51 Intr. by: Ms. Eoff Page 4 Hawai‘i County Council-4 January 25, 2017 Res. 41-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HᾹMᾹKUA YOUTH FOUNDATION TO ASSIST WITH THE PURCHASE OF JUDO MATS TO BE USED BY THE SEI GI KAN HONOKA‘A JUDO CLUB Transfers $7,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Liquor Control, Public Programs account. Reference: Comm. 54 Intr. by: Ms. Poindexter Res. 42-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE HAWAI‘I ISLE POLICE ACTIVITIES LEAGUE (HI-PAL) LONG-DISTANCE CANOE REGATTA Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Police Department, HI-PAL Other Current Expenses account. Reference: Comm. 55 Intr. by: Ms. Lee Loy Res. 43-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE DANIEL R. SAYRE MEMORIAL FOUNDATION TO REFURBISH THE HAWAI‘I FIRE DEPARTMENT’S RADON RESCUE BOAT Transfers $4,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Hawai‘i Fire Department, Protection-Other Current Expenses account. Reference: Comm. 56 Intr. by: Mr. Chung Page 5 Hawai‘i County Council-4 January 25, 2017 Res. 44-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ISLAND UNITED WAY FOR THE PURCHASE OF MATERIALS AND SUPPLIES FOR ITS COMMUNITY OUTREACH INITIATIVE Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 57 Intr. by: Mr. Chung Res. 45-17: URGES THE HAWAI‘I STATE LEGISLATURE TO SUPPORT FUNDING FOR AN ADVANCED LIFE SUPPORT AMBULANCE, NECESSARY EQUIPMENT, AND STAFFING FOR THE DISTRICT OF PUNA Urges the State Legislature to support funding to provide critical emergency medical services to the district of Puna. Reference: Comm. 58 Intr. by: Ms. O’Hara Waived: GREDC Res. 46-17: APPROVES THE NOMINATION OF COUNCIL MEMBER DRU MAMO KANUHA TO SERVE AS A DIRECTOR ON THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS Nominates Council Member Dru Mamo Kanuha to serve as WIR Director for the term ending June 30, 2017. Reference: Comm. 59 Intr. by: Mr. Kanuha Waived: GREDC Res. 47-17: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A LICENSE FOR GIS (GEOGRAPHICAL INFORMATION SYSTEMS) APPLICATION SOFTWARE FOR USE BY THE MAYOR’S OFFICE Donated by an anonymous individual, with an estimated total value of approximately $1,500, to be used by the Mayor’s Office to access, view, edit, and analyze the County’s GIS data for various planning and project purposes. Reference: Comm. 62 Intr. by: Ms. David (B/R) Waived: FC Page 6 Hawai‘i County Council-4 January 25, 2017 Res. 48-17: URGES THE HAWAI‘I STATE LEGISLATURE TO APPROPRIATE FUNDS TO PURCHASE AN ADVANCED LIFE SUPPORT AMBULANCE AND EQUIPMENT, AND TO EMPLOY STATE-CERTIFIED EMERGENCY MEDICAL SERVICE PERSONNEL FOR THE MAKALEI FIRE STATION AND DANIEL R. SAYRE WEST HAWAI‘I FIRE TRAINING CENTER Urges the State to appropriate funds to increase the timely response and the ability to render effective aid to 911 calls for the North Kona area. Reference: Comm. 66 Intr. by: Ms. Eoff Waived: GREDC Res. 49-17: URGES THE HAWAI‘I STATE LEGISLATURE TO APPROPRIATE FUNDS TO EMPLOY LIFEGUARDS AND TO PURCHASE A LIFEGUARD TOWER AND RESCUE EQUIPMENT FOR KUA BAY AT KEKAHA KAI STATE PARK Urges the State to appropriate funds in the amount of $401,696 for Fiscal Year 2017- 2018 and up to $325,696 for Fiscal Year 2018-2019 in an effort to save lives and prevent injuries at Kua Bay. Reference: Comm. 67 Intr. by: Ms. Eoff Waived: GREDC Res. 50-17: AUTHORIZES THE EMPLOYMENT OF A PRIVATE ATTORNEY AS PART OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAIʻI, THE CITY AND COUNTY OF HONOLULU, THE COUNTY OF KAUAʻI, AND THE COUNTY OF MAUI TO REPRESENT THE PUBLIC EMPLOYER IN COLLECTIVE BARGAINING MATTERS RELATING TO LITIGATION OF UNION PROPOSALS Authorizes the retention of special counsel, at a cost not to exceed $50,000 plus costs, to represent the County in proceedings before the Bargaining Unit 11 (firefighters) Interest Arbitration Panel. Reference: Comm. 68 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawai‘i County Charter Page 7 Hawai‘i County Council-4 January 25, 2017 BILLS FOR ORDINANCES (FIRST READING) Bill 2: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL – 10,000 SQUARE FEET (CG-10) AT WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 2-2-025:012 (Applicant: Tram Ngo) (Area: 16,911 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to convert an existing two-story residence into a beauty salon and personal services building. Reference: Comm. 17 Intr. by: Ms. Eoff Approve: PC-2 Bill 4: AMENDS THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAIʻI BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KUKUIHAELE, WAIKOEKOE, HĀMĀKUA, HAWAIʻI (TAX MAP KEY: 4-8-006:003) (Planning Director Initiated) (Area: 8,803 square feet) Approve: PC-3 ; and Bill 5: AMENDS SECTION 25-8-15 (HĀMĀKUA DISTRICT MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL – 25,000 SQUARE FEET (V-25) AND AGRICULTURAL – FORTY ACRES (A-40a) TO SINGLE FAMILY RESIDENTIAL – TEN ACRES (RS-10a) AND SINGLE FAMILY RESIDENTIAL – FIVE ACRES (RS-5a) AT KUKUIHAELE, WAIKOEKOE, HĀMĀKUA, HAWAIʻI, COVERED BY TAX MAP KEYS: 4-8-006:003, 4-8-006:013 AND 4-8-006:069 (Planning Director Initiated) (Area: 31.237 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone. The properties are the site of the formerly proposed Trees of Kukuihaele development that will not be developed. The Planning Director recommends reclassifying the property to a lower density zone, removing the ability to subdivide these properties. Reference: Comm. 29 Intr. by: Ms. Eoff (B/R) Approve: PC-4 Page 8 Hawai‘i County Council-4 January 25, 2017 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 3: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Increases revenues in the Federal Grants – State Homeland Security Program Fiscal Year 16 account ($200,000); and appropriates the same to the State Homeland Security Program Fiscal Year 16 account. Funds would be used to purchase specialized equipment to enhance the County’s capability to prevent and respond to incidents of terrorism and other hazards. Reference: Comm. 22 Intr. by: Ms. Eoff (B/R) First Reading: January 5, 2017 REPORTS FC-1 NOMINATION OF MAE SATSUKO IKEDA TO THE PENSION BOARD (Comm. 37): Requires Council Confirmation by: January 29, 2017 (Section 13-4(l), Hawai‘i County Charter) FC-2 NOMINATION OF JERRY HAMAMOTO TO THE PENSION BOARD (Comm. 38): Requires Council Confirmation by: January 29, 2017 (Section 13-4(l), Hawai‘i County Charter) GREDC-1 APPOINTMENT OF JOSEPH K. KAMELAMELA AS CORPORATION (Comm. 19): COUNSEL 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 9 Hawai‘i County Council-4 January 25, 2017 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 January 23, 2017. 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 Council Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401. (Pursuant to HRS §92-7 and Council Rule No. 2, Council Members Aaron S. Y. Chung and Susan L. K. Lee Loy will be participating from the Hilo Council Chambers.) Public attendance via videoconference will be available at the Hilo location. Public attendance via courtesy site is also available at the following locations until public testimony has been completed:  Nāālehu State Office Building, 95ʻ-5669 Māmalahoa Highway, Nāālehu;ʻ  Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa‘au; and  Pāhoa Neighborhood Facility, 15-2710 Kauhale Street. If, due to unanticipated circumstances, the courtesy site is unavailable and/or participation is disrupted, the scheduled meeting will continue. Live stream of County Council Meetings: Council meetings are available for live viewing. Click on Council Meetings on the County’s homepage at http://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, Hawai‘i, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@hawaiicounty.gov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) to videotestimony@hawaiicounty.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 Page 10 Hawai‘i County Council-4 January 25, 2017 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, February 1 and 8, 2017, at 6 p.m.; Fridays, February 3 and 10, 2017, at 12 p.m.; and Sundays, February 5 and 12, 2017, 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/.) Page 11