HomeMy WebLinkAboutAGE COUNCIL 12/17/2014 2014-2016 ACTIONS
DRU MAMO KANUHA AARON S. Y. CHUNG
MAILE “MEDEIROS” DAVID
Chair and Presiding Officer
KAREN EOFF
VALERIE T. POINDEXTER GREGGOR ILAGAN
DENNIS “FRESH” ONISHI
Vice Chair
DANNY PALEKA
MARGARET WILLE
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
2 nd Session
ORDER OF BUSINESS
West Hawai‘i Civic Center
74-5044 Ane Keohokālole Highway, Building A
Kailua-Kona, Hawai‘i
December 17, 2014
9:00 a.m.
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
INVOCATION Pastor Jason Meechan of Thy Word Ministries
CALL TO ORDER 9:06 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-2 December 17, 2014
PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF
CONDOLENCE
Big Island Presentation of Certificates of Merit Sponsored by Council Member Maile
Interscholastic “Medeiros” David recognizing and congratulating Ka‘ū High School’s football
Federation League coaches who led their team to a championship victory.
8-Man Varsity Football
Champions: Reference: Comm. 2
FILED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
(9:15 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
Page 2
Hawai‘i County Council-2 December 17, 2014
ORDER OF RESOLUTIONS
Res. 552-14 GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3-12(A), HAWAI‘I
(Draft 2): COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE
(2012-2014) GROUND SIGN ON 48-5370 HONOKA‘A/WAIPI‘O ROAD, TAX MAP KEY:
4-8-006:043 (ZONED “A” AGRICULTURAL DISTRICT)
The applicant, Colleen Gold, requests a sign variance for one sign to be placed at
the Waipi‘o Cookhouse location on Honoka‘a/Waipi‘o Road in Honoka‘a.
Reference: Comm. 1081.3
Intr. by: Mr. Kanuha (B/R)
Approve: PWPRC-92
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Res. 14-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I
ISLAND UNITED WAY FOR LAVA FLOW DISASTER RELIEF
Transfers/appropriates $10,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 4); and credits the same to the
Department of Research and Development, Hawaiʻi County Resource Center,
Miscellaneous Contract Services account (Grant to Hawaiʻi Island United Way).
Reference: Comm. 3
Intr. by: Mr. Ilagan
Waived: FC
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 3
Hawai‘i County Council-2 December 17, 2014
Res. 15-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR A STEALTHSTAT TRAFFIC
SURVEY DEVICE
Transfers/appropriates $3,367.29 out and from the Clerk-Council Services –
Contingency Relief account (Council District 4); and credits the same to the
Hawai‘i Police Department, Police Administration Division-Equipment,
Miscellaneous Equipment account (StealthStat).
Reference: Comm. 4
Intr. by: Mr. Ilagan
Waived: FC
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 16-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG
ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL
FOR A FULL-TIME PROJECT COORDINATOR FOR AN ALBIZIA
CONTROL PROGRAM
Transfers/appropriates $30,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 4); and credits the same to the
Department of Research and Development, Hawaiʻi County Resource Center,
Miscellaneous Contract Services account (Grant to Big Island Resource
Conservation and Development Council).
Reference: Comm. 5
Intr. by: Mr. Ilagan
Waived: FC
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 4
Hawai‘i County Council-2 December 17, 2014
Res. 17-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE HAWAI‘I ISLAND HUMANE
SOCIETY’S (HIHS) ANIMAL COMMUNITY CENTER IN KEAUHOU
Transfers/appropriates $1,900 out and from the Clerk-Council Services –
Contingency Relief account (Council District 7); and credits the same to the
Hawai‘i Police Department - Animal Control Humane Society, Miscellaneous
Contract Services account (HIHS-Animal Community Center).
Reference: Comm. 6
Intr. by: Mr. Kanuha
Waived: FC
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Res. 18-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
ROTARY CLUB OF NORTH HAWAI‘I FOR THE MINUKE‘OLE PARK
RESTORATION AND CHERRY BLOSSOM TREE BEAUTIFICATION
PROJECT
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 Research and Development, Hawaiʻi County Resource Center,
Miscellaneous Contract Services account (Rotary Club of North Hawai‘i).
Reference: Comm. 7
Intr. by: Ms. Wille
Waived: FC
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 5
Hawai‘i County Council-2 December 17, 2014
Res. 19-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE PURCHASE OF TWO
“STEALTH STAT SELF-RADARS” FOR THE POLICE DEPARTMENT
Transfers/appropriates $6,452.05 out and from the Clerk-Council Services –
Contingency Relief account (Council District 3); and credits the same to the
Hawai‘i Police Department, Police Administration Division-Equipment,
Miscellaneous Equipment account (Stealth Stat Self-Radar).
Reference: Comm. 8
Intr. by: Mr. Onishi
Waived: FC
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 20-14: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR ONE COPY MACHINE FOR THE DEPARMENT OF PUBLIC WORKS
Authorizes the Mayor to enter into a five-year lease agreement at an approximate
cost of $155 per month.
Reference: Comm. 18
Intr. by: Ms. Eoff
Waived: FC
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 6
Hawai‘i County Council-2 December 17, 2014
Res. 21-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE
(DOJ) PURSUANT TO HAWAIʻI REVISED STATUTES SECTION 46-7, FOR
A COMMUNITY ORIENTED POLICING SERVICES (COPS) HIRING
PROGRAM GRANT FOR THE HAWAI‘I COUNTY POLICE DEPARTMENT
Provides $250,000 from DOJ to the Police Department to hire two police officers
for the COPS Hiring Program.
Reference: Comm. 20
Intr. by: Ms. Eoff
Waived: FC
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 22-14: ADVISES THE CORPORATION COUNSEL TO APPEAL UNITED STATES
MAGISTRATE JUDGE BARRY KURREN’S RULING ON ORDINANCE
NO. 13-121
Advises the Corporation Counsel to appeal Magistrate Judge Barry Kurren’s
ruling with regard to regulating the open air cultivation, propagation,
development, or testing of genetically engineered crops or plants.
Reference: Comm. 21
Intr. by: Ms. Wille
Waived: AWESC
WITHDRAWN BY INTRODUCER
Page 7
Hawai‘i County Council-2 December 17, 2014
Res. 23-14: PROMOTES AGRICULTURAL SUSTAINABILITY BY NAMING 2015 AS
“THE YEAR OF COMPOST”
Encourages residents to emphasize and maximize composting during 2015.
Reference: Comm. 22
Intr. by: Ms. Wille
Waived: AWESC
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
BILLS FOR ORDINANCES (FIRST READING)
Bill 320 AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
(Draft 2): BUDGET FOR THE COUNTY OF HAWAI‘I, WITH RESPECT TO THE
(2012-2014) HOUSING FUND, FOR THE FISCAL YEAR ENDING JUNE 30, 2015
Appropriates revenues in the Fund Balance From Previous Year account
($62,000); and appropriates the same to the Office of Housing - Other Current
Expenses account. Funds would be used to implement the Resources Match
software program, which facilitates the intake, screening, and referral process to
connect low-income people to different government programs, community-level
services, and financial products.
Reference: Comm. 1149.3
Intr. by: Ms. Poindexter
Approve: FC-207
ST
PASSED 1 READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 8
Hawai‘i County Council-2 December 17, 2014
Bill 323: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC
(2012-2014) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2014, TO JUNE 30, 2015
Adds the Prosecutor’s Office Prosecuting Attorney Office Building - West
Hawai‘i project for $9.6 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 to plan and construct an
Office of the Prosecuting Attorney building on the grounds of the West Hawai‘i
Civic Center.
Reference: Comm. 1155
Intr. by: Ms. Poindexter
Approve: FC-208
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 Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Bill 324: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280,
(2012-2014) SCHEDULE 28 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO NO PARKING AT ANY TIME
Amends Subsection (c), South Hilo, to revise existing locations on Lanikaula
Street and also adds a portion of Kumukoa Street.
Reference: Comm. 1160
Intr. by: Mr. Kanuha (B/R)
Approve: PWPRC-93
ST
PASSED 1 READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 9
Hawai‘i County Council-2 December 17, 2014
Bill 5: 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 Manono Street Improvements – Federal project for
$2 million and the Public Works Manono Street Improvements – County project
for $500,000 to the Capital Budget. Funds for the projects shall be provided from
Federal Grants Receivable ($2 million) and General Obligation Bonds, Capital
Projects Fund - Fund Balance and/or Other Sources ($500,000). Funds would be
used to widen and improve Manono Street from Lanikaūla Street to
Kekūanaōʻa Street to enhance traffic, pedestrian, Americans with Disabilities Act
accommodations, and bicycle circulation in the area, and to improve drainage.
Reference: Comm. 19
Intr. by: Ms. Eoff
Waived: FC
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 Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Bill 6: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Appropriates revenues in the Federal Grants – Community Oriented Policing
Services (COPS) 2014 Grant account ($250,000); and appropriates the same to
the COPS 2014 Grant account. Funds would be used by the Police Department to
hire two police officers for its COPS Hiring Program.
Reference: Comm. 20
Intr. by: Ms. Eoff
Waived: FC
ST
PASSED 1 READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 10
Hawai‘i County Council-2 December 17, 2014
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 302: AMENDS CHAPTER 14 (GENERAL WELFARE), ARTICLE 4 OF THE
(2012-2014) HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED)
RELATING TO PROHIBITION OF SMOKING IN CERTAIN PLACES AND
THE USE OF ELECTRONIC SMOKING DEVICES
Prohibits the use of electronic smoking devices in all enclosed and partially
enclosed places within the County where use of tobacco products are currently
prohibited, and also prohibits use of electronic smoking devices at all County
parks and recreational facilities.
Reference: Comm. 1091
Intr. by: Mr. Kanuha
First Reading: November 19, 2014
ND
AMENDED TO DRAFT 2 AND PASSED 2 AND FINAL READING:
AYES: Council Members David, Eoff, Poindexter, Wille, and
Chair Kanuha – 5.
NOES: Council Members Chung, Ilagan, Onishi, and Paleka – 4.
ABSENT: None.
EXCUSED: None.
Bill 303: AMENDS SECTION 25-8-26 (PĀHOA ZONE MAP), ARTICLE 8,
(2012-2014) CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
-
SINGLEFAMILY RESIDENTIAL – 15,000 SQUARE FEET (RS-15) TO
VILLAGE COMMERCIAL – 10,000 SQUARE FEET (CV-10) AT
NĀNĀWALE HOMESTEADS, PUNA, HAWAI‘I, COVERED BY TAX MAP
KEY: 1-5-014:005
(Applicant: Paul Ogasawara) (Area: Approx. 42,856 square feet)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to construct a commercial
office and retail complex on Pāhoa Village Road consisting of approximately
7,500 square feet.
Reference: Comm. 1094
Intr. by: Mr. Kern (B/R)
First Reading: November 19, 2014
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 11
Hawai‘i County Council-2 December 17, 2014
Bill 304: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
(2012-2014) 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 NEIGHBORHOOD
COMMERCIAL – 20,000 SQUARE FEET (CN-20) AT PONAHAWAI,
SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-3-037:012
(Applicant: David and Brenda Camacho) (Area: Approx. 1.02 acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to develop medical offices
on the property.
Reference: Comm. 1095
Intr. by: Mr. Kern (B/R)
First Reading: November 19, 2014
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Bill 305: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279,
(2012-2014) SCHEDULE 27 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION,
AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED
AT ALL TIMES
Adds Marlin Road and Ono Road to Subsection (f), Kona.
Reference: Comm. 1101
Intr. by: Mr. Kanuha (B/R)
First Reading: November 19, 2014
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 12
Hawai‘i County Council-2 December 17, 2014
Bill 306: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 3, SECTION 24-275,
(2012-2014) SCHEDULE 23 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO BUS STOPS AND PUBLIC ROAD TAXI
STANDS
Amends Subsection (c), South Hilo, to provide a bus stop on Shipman Street from
8:00 a.m. to 12:00 p.m. on school days.
Reference: Comm. 1102
Intr. by: Mr. Kanuha (B/R)
First Reading: November 19, 2014
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Bill 307: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-287,
(2012-2014) SCHEDULE 35 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO PASSENGER LOADING ZONES
Adds portion of Kamehameha Avenue to Subsection (c), South Hilo, to provide a
designated loading/unloading area for the Connections Public Charter School
between the hours of 6:00 a.m. and 8:00 a.m. on school days.
Reference: Comm. 1103
Intr. by: Mr. Yoshimoto
First Reading: November 19, 2014
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 13
Hawai‘i County Council-2 December 17, 2014
Bill 308: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288,
(2012-2014) SCHEDULE 36 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO FREIGHT LOADING ZONES
Removes portion of Kino‘ole Street from Subsection (c), South Hilo.
Reference: Comm. 1104
Intr. by: Mr. Kanuha (B/R)
First Reading: November 19, 2014
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Bill 309: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288,
(2012-2014) SCHEDULE 36 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO FREIGHT LOADING ZONES
Removes portion of Furneaux Lane from Subsection (c), South Hilo.
Reference: Comm. 1105
Intr. by: Mr. Kanuha (B/R)
First Reading: November 19, 2014
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 14
Hawai‘i County Council-2 December 17, 2014
Bill 310: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288.1,
(2012-2014) SCHEDULE 36.1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION,
AS AMENDED), RELATING TO ACTIVE LOADING AND UNLOADING
ZONES
Lengthens an existing loading/unloading zone on Punahoa Street; Subsection (c),
South Hilo.
Reference: Comm. 1106
Intr. by: Mr. Kanuha (B/R)
First Reading: November 19, 2014
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Bill 321: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
(2012-2014) BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Appropriates revenues in the Federal Grants - Broadband Capacity Building Pilot
Program account ($188,500); and appropriates the same to the Broadband Capacity
Building Pilot Program account. Funds would be used to conduct pilot projects to
expand broadband Internet services to unserved and underserved areas in Hawaiʻi
County.
Reference: Comm. 1151
Intr. by: Ms. Poindexter
First Reading: November 19, 2014
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter,
Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 15
Hawai‘i County Council-2 December 17, 2014
Bill 322: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
(2012-2014) BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Appropriates revenues in the Federal Grants - Hāmākua Broadband Assessment
Program account ($40,000); and appropriates the same to the Hāmākua Broadband
Assessment Program account. Funds would be used to conduct a community
assessment of the broadband probability in the Hāmākua District.
Reference: Comm. 1152
Intr. by: Ms. Poindexter
First Reading: November 19, 2014
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter,
Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
REPORTS
REFERRALS FOR EXECUTIVE SESSION
Comm. 9: HAWAIʻI FLORICULTURE AND NURSERY ASSOCIATION, ET AL. V.
COUNTY OF HAWAI‘I; CIVIL NO. 14-00267 BMK
From Deputy Corporation Counsel Katherine A. Garson, dated November 28,
2014, requesting an attorney-client confidential discussion to consult with the
Council regarding the dispositive order for the hearing held on October 23, 2014,
including appeal.
AUTHORIZED CORPORATION COUNSEL TO APPEAL:
AYES: Council Members David, Eoff, Poindexter, Wille, and
Chair Kanuha – 5.
NOES: Council Members Chung, Ilagan, Onishi, and Paleka – 4.
ABSENT: None.
EXCUSED: None.
The Council anticipates convening an executive meeting regarding the above matter, pursuant to
Section 92-5(a)(4), for the purpose of consulting with Council’s attorney on questions and issues
pertaining to the Council’s powers, duties, privileges, immunities, and liabilities. 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.
Page 16
Hawai‘i County Council-2 December 17, 2014
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
ADJOURNMENT:8:08 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.
The meeting places are accessible for persons with disabilities. Persons who need special
December 15, 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 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 Counc
il Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401.
(Pursuant to HRS §92-7 and Council Rule No. 2, Council Member 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 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.
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Hawai‘i County Council-2 December 17, 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, December 24 and 31, 2014, at 6 p.m.; Fridays, December 26, 2014, and
January 2, 2015, at 12 p.m.; and Sundays, December 28, 2014, and January 4, 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 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, JANUARY 6, 2015
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
WEDNESDAY, JANUARY 7, 2015
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
FRIDAY, JANUARY 23, 2015
COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER
74-5044 Ane Keohokālole Highway
Building A
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