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Home My WebLink AboutAGE COUNCIL 2014/03/07 2012-2014 ACTIONS J YOSHIMOTO BRENDA FORD GREGGOR ILAGAN Chair and Presiding Officer DRU MAMO KANUHA KAREN EOFF ZENDO KERN DENNIS “FRESH” ONISHI Vice Chair VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 36 Session ORDER OF BUSINESS Hawai‘i County Council 25 Aupuni Street Hilo, Hawai‘i March 7, 2014 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Kahu Gaymond Apaka of Kamehameha Schools Hawai‘i Campus CALL TO ORDER 9:03 A.M. 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-36 March 7, 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 Comm. 706: NOMINATES MR. ARTHUR K. TANIGUCHI (COUNCIL DISTRICT 2) TO THE LIQUOR COMMISSION From Mayor William P. Kenoi, dated February 14, 2014, submitting for the Council’s review and confirmation the above nomination. Waived: PSMTC APPROVED MR. TANIGUCHI’S NOMINATION: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Comm. 707: NOMINATES MR. SIDNEY M. FUKE TO THE LIQUOR CONTROL ADJUDICATION BOARD From Mayor William P. Kenoi, dated February 14, 2014, submitting for the Council’s review and confirmation the above nomination. Waived: PSMTC APPROVED MR. FUKE’S NOMINATION: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 2 Hawai‘i County Council-36 March 7, 2014 ORDER OF RESOLUTIONS Res. 140-13 ACCEPTS A GRANT OF EASEMENTS FROM KOHALA KAI, LLC, FOR (Draft 3): PUBLIC ACCESS PURPOSES The easements will provide vehicular public access, public access parking, and a mauka-makai and lateral walkable trail to the shoreline. Draft 3 replaces Exhibit 1 with the “Grant of Public Access Easements” provided in Comm. 343.34. Reference: Comm. 343.39 Intr. by: Ms. Poindexter Approve: FC-132 ADOPTED: AYES: Council Members Eoff, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Onishi – 1. EXCUSED: None. (For informational purposes, Ms. Ford voted “Kānalua” and “No.” Mr. Kanuha voted “Kānalua” and “Yes.”) Res. 281-14 AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, (Draft 2): PURSUANT TO SECTION 201H-38 AND SECTION 46-15 OF THE HAWAI‘I REVISED STATUTES, FOR THE WEST HAWAI‘I SENIOR LIVING IN NORTH KONA, HAWAI‘I, COVERED BY TAX MAP KEY: 7-5-017:005 Requests exemptions from certain application fees, the grubbing permit, the use permit, certain Zoning Code requirements, Kona Community Development Plan concurrency requirements, and certain conditions in Ordinance 06-78, to reduce the cost of constructing 147 affordable housing units proposed by West Hawai‘i Health, LLC. Reference: Comm. 630.7 Intr. by: Ms. Eoff Approve: HSSSC-3 ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 3 Hawai‘i County Council-36 March 7, 2014 Res. 307-14: URGES THE HAWAI‘I STATE LEGISLATURE TO APPROVE FUNDING FOR THE CONSTRUCTION OF A PERMANENT BUILDING FOR THE DANIEL K. INOUYE COLLEGE OF PHARMACY Urges the Legislature to support the above funding through House Bill No. 1700. Lack of a permanent, singular structure jeopardizes the accreditation status of the College of Pharmacy. Reference: Comm. 691 Intr. by: Mr. Onishi Waived: GREDC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Res. 309-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE FUNDS THAT WILL SUPPORT THE “TEEN DATING VIOLENCE PREVENTION PEER EDUCATION CONFERENCES” Transfers/appropriates $3,500 out and from Clerk-Council Services – Contingency Relief (Council District 5); credits same to Prosecuting Attorney, Committee on Status of Women, Miscellaneous Contract (Teen Dating Violence Prevention Peer Education). Reference: Comm. 694 Intr. by: Mr. Kern Waived: FC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 4 Hawai‘i County Council-36 March 7, 2014 Res. 310-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PURCHASE OF ELECTRONIC SCOREBOARDS FOR TWO COUNTY FACILITIES WITHIN DISTRICT 5 Transfers/appropriates $17,742 out and from Clerk-Council Services – Contingency Relief (Council District 5); credits same to Department of Parks and Recreation, Recreation Division Other Current Expenses, Miscellaneous Materials and Supplies (Indoor and Outdoor Scoreboards for District 5). Funds would be used to purchase an indoor electronic scoreboard for A.J. Watt Gym and an outdoor electronic scoreboard for Herbert Shipman Park. Reference: Comm. 695 Intr. by: Mr. Kern Waived: FC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Res. 311-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE BUS TICKETS TO CHILD AND FAMILY SERVICE FOR THEIR CLIENTS WITH TRANSPORTATION NEEDS TO AND FROM COUNSELING PROGRAMS Transfers/appropriates $2,010 out and from Clerk-Council Services – Contingency Relief (Council District 5); credits same to Mass Transit Agency, Mass Transit – Other Current Expenses, Miscellaneous Contract Services (Child and Family Service Bus Tickets). Reference: Comm. 696 Intr. by: Mr. Kern Waived: FC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 5 Hawai‘i County Council-36 March 7, 2014 Res. 312-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PROMOTION OF AGRIBUSINESS AND AGRITOURISM IN PUNA Transfers/appropriates $10,000 out and from Clerk-Council Services – Contingency Relief (Council District 4); credits same to Department of Research and Development (R&D), Agriculture R&D Other Current Expenses, Miscellaneous Contract Services (Kalani Honua Inc., Permaculture Workshops). Funds would be used to develop and support sustainable agriculture practices and programs. Reference: Comm. 698 Intr. by: Mr. Ilagan Waived: FC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Res. 313-14: APPOINTS BONNIE S. NIMS AS THE LEGISLATIVE AUDITOR OF THE COUNTY OF HAWAI‘I The Council would appoint Ms. Nims to serve a six-year term that would begin on May 1, 2014. Reference: Comm. 699 Intr. by: Mr. Yoshimoto ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 6 Hawai‘i County Council-36 March 7, 2014 Res. 314-14: AUTHORIZES THE ACCEPTANCE OF A DONATION OF SHOES AND SLIPPERS FOR USE BY THE HAWAI‘I FIRE DEPARTMENT Donated by Olukai and valued at $18,300; would be used by the department’s Ocean Safety Division as foot protection for lifeguards. Reference: Comm. 700 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Res. 315-14: AUTHORIZES THE ACCEPTANCE OF A DONATION OF VOLLEYBALL EQUIPMENT FOR THE MOUNTAIN VIEW GYM IN MOUNTAIN VIEW, HAWAI‘I Donated by Queen Lili‘uokalani Children’s Center and valued at $5,369. Reference: Comm. 701 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 7 Hawai‘i County Council-36 March 7, 2014 BILLS FOR ORDINANCES (FIRST READING) Bill 196: AMENDS ORDINANCE NO. 13-66, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2013, TO JUNE 30, 2014 Establishes the following program appropriations: Roadway Projects (Engineering) ($1,661,709.92); Bridge Inspection, Repair and Replacement Program (Engineering) ($359,828.44); and Local Road Improvements (Highways) ($278,583.05), for a total amount of $2,300,121.41; funds shall be provided from the lapsed Fuel Tax Increase funds in the Capital Projects Fund, Fuel Tax Increase 2010-2012 account ($2,300,121.41). Exhibit A, attached to the bill, lists the specific projects in each category. Reference: Comm. 656 Intr. by: Ms. Poindexter Approve: FC-133 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 8 Hawai‘i County Council-36 March 7, 2014 Bill 197: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Appropriates revenues in the Fund Balance from Previous Year - Reserved account ($274,703.67); and appropriates same to the Transfer to Capital Projects Fund - Highway account. These fiscal year 2011-2012 excess fuel tax revenues would be appropriated to Transfer to the Capital Projects Fund to be expended by the Public Works Department. Reference: Comm. 657 Intr. by: Ms. Poindexter Approve: FC-134 ST PASSED 1 READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Bill 198: AMENDS ORDINANCE NO. 13-66, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2013, TO JUNE 30, 2014 Adds the Public Works Hokulia Bypass Road - Private project for $20 million to the capital budget. Funds for this project shall be provided from Private Contributions ($20 million), and would be used for the completion of the Hokulia/Māmalahoa Highway Bypass Road from Kaleiopapa Street to and including the Nāpo‘opo‘o Road /Māmalahoa Highway intersection. This project also includes improvements on Haleki‘i Street as necessary to accommodate the increased traffic. Reference: Comm. 658 Intr. by: Ms. Poindexter Approve: FC-135 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 9 Hawai‘i County Council-36 March 7, 2014 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 186: AMENDS ORDINANCE NO. 13-66, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2013, TO JUNE 30, 2014 Adds the following Public Works projects to the capital budget: Honoka‘a Elementary School Parking Lot and Student Drop-Off/Pick-Up Facility - County project ($2 million); and Honoka‘a Elementary School Parking Lot and Student Drop-Off/Pick-Up Facility - State ($2 million). Funds for this project shall be provided from State Capital Improvement Project ($2 million) and General Obligation Bonds, Capital Projects Fund-Fund Balance, and/or Other Sources ($2 million), and would be used for project management, engineering, infrastructure improvements, planning and design, and construction of the Honoka‘a Elementary School parking lot and student drop-off/pick-up facility. Reference: Comm. 618 Intr. by: Ms. Poindexter First Reading: February 19, 2014 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ND PASSED 2 AND FINAL READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Bill 189: AMENDS CHAPTER 11, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING POLICY Adds donations of finished lots and infrastructure to the density bonus entitlement for any project subject to an affordable housing requirement. Reference: Comm. 627 Intr. by: Ms. Eoff First Reading: February 19, 2014 ND PASSED 2 AND FINAL READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 10 Hawai‘i County Council-36 March 7, 2014 Bill 199: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Appropriates revenues in Federal Grants – Improve Forensic Sciences account ($26,830); appropriates same to Improve Forensic Sciences account. Funds would be used to train Crime Laboratory personnel. Reference: Comm. 661 Intr. by: Ms. Poindexter First Reading: February 19, 2014 ND PASSED 2 AND FINAL READING: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. REPORTS FC-130: NOMINATES DR. KU KAHAKALAU TO THE BOARD OF ETHICS (Comm. 668) From Mayor William P. Kenoi, dated January 29, 2014, submitting for the Council’s review and confirmation the above nomination. APPROVED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. FC-131: NOMINATES MS. IDA H. OTAKE TO THE MERIT APPEALS BOARD (Comm. 669) From Mayor William P. Kenoi, dated January 30, 2014, submitting for the Council’s review and confirmation the above nomination. APPROVED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 11 Hawai‘i County Council-36 March 7, 2014 PSMTC-19: NOMINATES MS. KAROLYN P. LUNDKVIST (COUNCIL DISTRICT 4) TO (Comm. 670) THE POLICE COMMISSION From Mayor William P. Kenoi, dated January 29, 2014, submitting for the Council’s review and confirmation the above nomination. APPROVED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter,Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. PSMTC-20: NOMINATES MR. PETER L. HENDRICKS (COUNCIL DISTRICT 1) TO THE (Comm. 671) POLICE COMMISSION From Mayor William P. Kenoi, dated January 27, 2014, submitting for the Council’s review and confirmation the above nomination. APPROVED: AYES: Council Members Eoff, Ford, Ilagan, Kanuha, Kern, Poindexter, Wille, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawai‘i Revised Statutes, Section 92-4 and Rules No. 2 and No. 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 1:28 P.M. 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 12 Hawai‘i County Council-36 March 7, 2014 The meeting places are accessible for persons with disabilities. Persons who need special March 5, 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 Hilo and Kona is lost for more than a short period of time, the meeting will be terminated. Council Members will be present at the following locations:  Hilo C ouncil Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401; and  Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Bldg. A. (Pursuant to Hawai‘i Revised Statutes, Section 92-7, and Council Rule No. 2, Council Members Karen Eoff and Dru Mamo Kanuha will be participating from the above location.) Public attendance via videoconference will be available at the above locations. Public attendance via videoconference is also available at the following location until 4:30 p.m. or later in the event public witness testimony has not been completed:  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa 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 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. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14)before 12:00 noon on copies for distribution. Public testimony may also be submitted 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 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). Page 13 Hawai‘i County Council-36 March 7, 2014 Viewing of Meetings on Government Access Television - Channel 55: Fridays, March 14 and 21, 2014, at 12 p.m.; Sundays, March 16 and 23, 2014, at 9 a.m.; and Wednesdays, March 19 and 26, 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, MARCH 18, 2014 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A COUNCIL PUBLIC HEARING 6:00 P.M. WEST HAWAI‘I CIVIC CENTER RE SEWER SYSTEM 74-5044 Ane Keohokālole Highway IMPROVEMENT DISTRICT - Building A LONO KONA SUBDIVISION WEDNESDAY, MARCH 19, 2014 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A MONDAY, MARCH 31, 2014 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, APRIL 1, 2014 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 14