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Home My WebLink AboutAGE COUNCIL 2014/08/06 2012-2014 J YOSHIMOTO • -,5 o`"'+ice' BRENDA FORD `•'. ` I GREGGOR ILAGAN Chair and Presiding Officer " �� DRU MAMO KANUHA KAREN EOFF ZENDO KERN Vice Chair •+'44 DENNIS"FRESH"ONISHI• "��" VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 48th Session ORDER OF BUSINESS Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i August 6, 2014 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Kahu Brian Welsh from Haili Congregational Church CALL TO ORDER ? on �-= -ROLL CALL w =a PLEDGE OF ALLEGIANCE w > o _a Serving the Interests of the People of Our Island Hawai`i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-48 August 6, 2014 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Boy Scouts of Presentation of a Certificate of Merit Sponsored by Council Member America – Eagle Valerie T. Poindexter recognizing and congratulating Sam Alika Bautista Bader Scout: for his achievement in earning the Boy Scouts of America’s highest rank of Eagle Scout. Reference: Comm. 963 Hawai‘i High Presentation of a Certificate of Merit Sponsored by Council Member School Athletic Valerie T. Poindexter recognizing and congratulating Chance Salva for being Association: chosen to be on the Hawai‘i High School Athletic Association Boys Volleyball All-Tournament Division II Team. Reference: Comm. 964 Kahilu Town Hall Presentation of Certificates of Merit Sponsored by Council Member Mele Mural: Margaret Wille recognizing Kanu o ka ‘Āina New Century Public Charter School, Waimea Middle School, Parker School, Hawai‘i Preparatory School, Alo Kehau o ka ‘Āina Mauna School, and Pūnana Leo o Waimea School for their contribution to the community. Reference: Comm. 965 Hawai‘i Island Presentation of Certificates of Merit Sponsored by Council Chair Attorneys and J Yoshimoto recognizing the efforts and commitment to public service of Volunteers: 47 attorneys and volunteers who staff the Self-Help Center located in the Judiciary Building in Hilo. Reference: Comm. 969 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) APPROVAL OF MINUTES Page 2 Hawai‘i County Council-48 August 6, 2014 COMMUNICATIONS Comm. 958: REQUESTS THE ACCEPTANCE OF A DONATION OF A MECHANICS TOOL SET AND A WET/DRY VACUUM, WITH A COMBINED VALUE OF $168.20 From Finance Director Nancy Crawford, dated July 18, 2014. Donated by the Daniel Sayre Memorial Foundation for use by the Volcano Volunteer Fire Station. Waived: FC ORDER OF RESOLUTIONS Res. 470-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO THE DESIGNATED FUND ACCOUNT FOR A FIRE HYDRANT FOR THE ĀHUALOA COMMUNITY Transfers/appropriates $15,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits the same to the Department of Public Works, Public Works Administration Other Current Expenses, Miscellaneous Contract Services account (Fire Hydrant – Āhualoa Community). Reference: Comm. 949 Intr. by: Ms. Poindexter Waived: FC Res. 474-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO THE MASS TRANSIT AGENCY TO IMPLEMENT A NEW BUS ROUTE IN HILO TO BENEFIT STUDENTS ATTENDING THE UNIVERSITY OF HAWAI‘I AT HILO Transfers/appropriates $2,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits the same to the Mass Transit Agency, Mass Transit Other Current Expenses, Miscellaneous Contract Services account (Mass Transit – Hele-On Bus Services). Reference: Comm. 956 Intr. by: Mr. Ilagan Waived: FC Page 3 Hawai‘i County Council-48 August 6, 2014 Res. 475-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR A NEW BUS ROUTE 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 (New Bus Route in Hilo). Reference: Comm. 959 Intr. by: Mr. Onishi Waived: FC Res. 476-14: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $250 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Macy’s, Prince Kuhio Plaza; would be used for projects at Lili‘uokalani Gardens in Hilo. Reference: Comm. 960 Intr. by: Ms. Poindexter Waived: FC Res. 477-14: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $409.40 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Macy’s, Makalapua; would be used for projects at Kailua Park (Old Kona Airport). Reference: Comm. 961 Intr. by: Ms. Poindexter Waived: FC Page 4 Hawai‘i County Council-48 August 6, 2014 Res. 479-14: REQUESTS THE STATE OF HAWAI‘I TO RESTORE AND PRESERVE THE LOWER HĀMĀKUA DITCH (OPEN-VESSEL WATERWAY) AND TO ALLOW MORE COMMUNITY INVOLVEMENT IN THE DECISION- MAKING PROCESS Requests that the State of Hawai‘i update the Environmental Impact Statement from 1999 and/or hold required hearings for agriculture irrigation projects, and requests that the Department of Agriculture’s Director address the Council to discuss repair and restoration of the Lower Hāmākua Ditch. Reference: Comm. 966 Intr. by: Ms. Wille Waived: AWESC Res. 480-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KANU O KA ‘ĀINA LEARNING ‘OHANA TO PURCHASE UNIFORMS AND EQUIPMENT FOR WAIMEA ATHLETICS 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 Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Kanu o ka ‘Āina Learning ‘Ohana). Reference: Comm. 967 Intr. by: Ms. Wille Waived: FC Res. 481-14: URGES THE HAWAI‘I STATE BOARD OF AGRICULTURE TO DENY BIG ISLAND DAIRY’S PROPOSED AMENDMENT TO THE HAWAI‘I ADMINISTRATIVE RULES (HAR), WHICH WOULD ALLOW WAIVER FROM MINIMUM PRICES FOR MILK Urges denial of a proposed amendment to Section 4-60-10(a) of the HAR. Reference: Comm. 968 Intr. by: Ms. Wille Waived: AWESC Page 5 Hawai‘i County Council-48 August 6, 2014 Res. 482-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NĀ‘ĀLEHU THEATRE TO ASSIST WITH EXPENSES FOR THE 2014 HILO SLACK KEY MUSIC FESTIVAL Transfers/appropriates $1,500 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 (Nā‘ālehu Theatre, 2014 Hilo Slack Key Music Festival). Reference: Comm. 970 Intr. by: Mr. Kern Waived: FC Res. 483-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO THE OFFICE OF THE PROSECUTING ATTORNEY TO ASSIST WITH EXPENSES RELATED TO THE IMPLEMENTATION OF A COURTHOUSE DOG PROGRAM Transfers/appropriates $5,500 out and from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits the same to the Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expenses, Miscellaneous Contract Services account (Courthouse Dog Program). Reference: Comm. 971 Intr. by: Mr. Kern Waived: FC Res. 484-14: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF A DIGITAL MAILING SYSTEM (POSTAGE MACHINE) FOR THE OFFICE OF THE COUNTY CLERK, SUPPORT SERVICES DIVISION Authorizes the Mayor to enter into a five-year lease agreement, at an approximate cost of $500 per month. Reference: Comm. 972 Intr. by: Mr. Yoshimoto Waived: FC Page 6 Hawai‘i County Council-48 August 6, 2014 Res. 486-14: DIRECTS THE CLERK OF THE COUNTY OF HAWAI‘I TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 14-98 ON THE 2014 GENERAL ELECTION BALLOT Action will include submitting the ballot question to the State Chief Election Officer and publishing the full text of the amendment in two newspapers of general circulation in the County. Reference: Comm. 977 Intr. by: Mr. Yoshimoto BILLS FOR ORDINANCES (FIRST READING) Bill 25 AMENDS CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY (Draft 2): CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AGRICULTURAL TOURISM Amends Articles 1, 2, and 4 concerning definitions, required plan approval, plan approval application requirements, regulations, and action on plan approval applications. Reference: Comm. 73.3 Intr. by: Mr. Kern Approve: PC-43 Postponed: September 5, 2013, and July 18, 2014 (Note: There is a pending motion by Mr. Kern and duly seconded by Mr. Ilagan to approve Bill 25, Draft 2.) ; and Comm. 73.9: From Council Member Zendo Kern, dated July 17, 2014, proposing amendments to Bill 25, Draft 2. ; and Comm. 73.10: From Council Member Brenda J. Ford, dated September 5, 2013, proposing amendments to Bill 25, Draft 2. Page 7 Hawai‘i County Council-48 August 6, 2014 Bill 267: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI‘I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KAMĀ‘OA, KA‘Ū, HAWAI‘I (TAX MAP KEY: 9-2-093:039, 040, 041 & 042) (Applicant: Dr. William C. Foulk) (Area: 4.143 acres) Reference: Comm. 939 Intr. by: Mr. Kern (B/R) Approve: PC-73 ; and Bill 268: AMENDS SECTION 25-8-28 (KA‘Ū DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – ONE ACRE (A-1a) TO VILLAGE COMMERCIAL – 40,000 SQUARE FEET (CV-40) AT KAHUKU, KA‘Ū, HAWAI‘I, COVERED BY TAX MAP KEY: 9-2-093:039, 040, 041 & 042 (Applicant: Dr. William C. Foulk) (Area: 4.143 acres) The Windward Planning Commission forwards its favorable recommendation for the applicant’s request for this amendment to the State Land Use Boundaries Map and change of zone, which would allow the applicant to develop a 54,000-square- foot commercial center with an additional 12,500 feet of open landscaped area to be used for periodic craft fairs, thespian events, and public gatherings. Reference: Comm. 939 Intr. by: Mr. Kern (B/R) Approve: PC-74 Bill 269: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2, SECTION 24-265 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO YIELD LOCATIONS Adds seven one-lane bridges along Old Māmalahoa Highway to Schedule 13 (Yield locations), Subsection (c), South Hilo. Reference: Comm. 941 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-77 Page 8 Hawai‘i County Council-48 August 6, 2014 Bill 271: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-281 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Removes ‘Ōhai Street from Schedule 29 (parking prohibited during certain hours on certain streets; tow-away zone), Subsection (c), South Hilo. Reference: Comm. 947 Intr. by: Ms. Poindexter Approve: PWPRC-78 Bill 277: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the Federal Grants – Hawai‘i County Police Department (HCPD) Roadblock Program account ($23,964); and appropriates the same to the HCPD Roadblock Program account. Funds would be used to purchase three Intoxilyzer 8000 units and three laser jet printers. Reference: Comm. 957 Intr. by: Ms. Poindexter Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 260: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – ONE ACRE (A-1a) AND AGRICULTURAL – THREE ACRES (A-3a) TO FAMILY AGRICULTURAL – ONE ACRE ND (FA-1a), AT WAIĀKEA HOMESTEADS 2 SERIES, WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-4-034:046 (Applicant: B2-II Educational Trust) (Area: 3.012 acres) The Windward Planning Commission forwards its favorable recommendation for the applicant’s request for this change of zone, which would allow the applicant to apply for a subdivision of the property into three lots, which would be conveyed to the applicant’s children. Reference: Comm. 904 Intr. by: Mr. Kern (B/R) First Reading: July 18, 2014 Page 9 Hawai‘i County Council-48 August 6, 2014 Bill 263: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds Ahikawa Street to Schedule 27 (Parking on pavement prohibited at all times), Subsection (f), Kona . Reference: Comm. 922 Intr. by: Mr. Kanuha (B/R) First Reading: July 18, 2014 Bill 264: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONE Amends an existing provision for Furneaux Lane; Schedule 36 (Freight loading zones), Subsection (c), South Hilo. Reference: Comm. 923 Intr. by: Mr. Kanuha (B/R) First Reading: July 18, 2014 Bill 270: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the State Grants – Commercial Driver License (CDL) Program Income account ($20,100); and appropriates the same to the CDL Program Equipment account. Funds would be used to purchase computer equipment. Reference: Comm. 945 Intr. by: Ms. Poindexter First Reading: July 18, 2014 REPORTS PC-71 NOMINATION OF PETER J. K. DAHLBERG TO THE KAILUA VILLAGE (Comm. 938): DESIGN COMMISSION From Mayor William P. Kenoi, dated June 25, 2014, submitting for the Council’s review and confirmation the above nomination. PC-72 NOMINATION OF ZON M. SULLENBERGER TO THE KAILUA VILLAGE (Comm. 938): DESIGN COMMISSION From Mayor William P. Kenoi, dated June 25, 2014, submitting for the Council’s review and confirmation the above nomination. Page 10 Hawai‘i County Council-48 August 6, 2014 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 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 August 4, 2014 accommodations for this meeting should call 961-8255 by . Relay users please call 711(961-8255) to contact our office. Public attendance via videoconference is available at the following locations until 4:30 p.m. or later in the event public testimony has not been completed:  Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A; and  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. If for technical or other unanticipated circumstances the video and/or audio connection cannot be made or is disrupted, the scheduled meeting will continue. 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. fourteen Submitting Written Testimony: Those submitting written testimony at the meeting should bring (14)before 12:00 noon on the business copies for distribution. Public testimony may also be submitted 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. Page 11 Hawai‘i County Council-48 August 6, 2014 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). Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, August 13 and 20, 2014, at 6 p.m.; Fridays, August 15 and 22, 2014, at 12 p.m.; and Sundays, August 17 and 24, 2014, 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/.) UPCOMING MEETINGS TUESDAY, AUGUST 19, 2014 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, AUGUST 20, 2014 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A FRIDAY, SEPTEMBER 5, 2014 COUNCIL 8:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 12