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HomeMy WebLinkAboutAGE COUNCIL 05/06/2015 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 11 th Session ORDER OF BUSINESS Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i May 6, 2015 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Kahu Brian Welsh Pastor Gaymond Apaka of Haili Congregational Church CALL TO ORDER 9:02 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-11 May 6, 2015 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 ORDER OF RESOLUTIONS Res. 126-15 AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR (Draft 2): AND OF A MULTI-FISCAL YEAR AGREEMENT FOR FURNISHING ORGANIC WASTE DIVERSION OPERATIONS IN WEST HAWAI‘I AND EAST HAWAI‘I FOR THE DEPARMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into one or more ten-year contracts, with two five-year renewal options, to implement green waste collection sites in West Hawai‘i and/or East Hawai‘i. Any agreement would include an in-vessel composting component; may include an additional one year to the initial term for site preparation, mobilization and demobilization; and provide that all on-site improvements shall belong to the County upon the expiration of the contract period. Reference: Comm. 206.6 Intr. by: Ms. Eoff Held Over: April 15, 2015(Pursuant to Council Rule 24(1)(e)) ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 2 Hawai‘i County Council-11 May 6, 2015 Res. 144-15: AUTHORIZES THE FINANCE DIRECTOR TO SELL REAL PROPERTY IN THE KAMAKOA NUI WORKFORCE HOUSING COMMUNITY AT WAIKOLOA TO HABITAT FOR HUMANITY WEST HAWAI‘I Authorizes the sale of fee simple land to Habitat for Humanity West Hawai‘i, which has obtained appraisals and funding to purchase six vacant lots to develop affordable housing at Kamakoa Nui. Reference: Comm. 236 Intr. by: Ms. Eoff Approve: FC-19 ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Res. 145-15: APPROVES AND ADOPTS THE 2015-2019 COUNTY OF HAWAI‘I CONSOLIDATED/ACTION PLAN FOR THE COUNTY OF HAWAI‘I COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAMS AND AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO EXECUTE AND SUBMIT THE CONSOLIDATED/ACTION PLAN AND ALL OTHER RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) The County’s Office of Housing and Community Development anticipates a CDBG allocation of $2,465,271 from HUD and program income of $215,925.52, for a total of $2,681,196.52 of CDBG funds for Program Year 2015. Funds would be used towards projects that benefit persons of low and moderate income throughout Hawai‘i Island. Reference: Comm. 237 Intr. by: Ms. Eoff Approve: FC-20 ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 3 Hawai‘i County Council-11 May 6, 2015 Res. 161-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND SPORTS HALL OF FAME TO RELOCATE AND MAINTAIN THE HALL OF FAME DISPLAY Transfers/appropriates $2,000 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 (Grant to Big Island Sports Hall of Fame). Reference: Comm. 261 Intr. by: Mr. Paleka ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Res. 162-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO CHILD AND FAMILY SERVICE FOR BUS TICKETS FOR THE FAMILY STRENGTHENING SERVICES PROGRAM Transfers/appropriates $2,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits the same to the Mass Transit Agency, Mass Transit - Other Current Expenses, Miscellaneous Contract Services account (Bus Tickets for Child and Family Service). Reference: Comm. 262 Intr. by: Mr. Paleka ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 4 Hawai‘i County Council-11 May 6, 2015 Res. 163-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO COVER UNANTICIPATED EXPENSES IN THE SALARY AND WAGES ACCOUNT Transfers/appropriates $75,000 out and from the Clerk-Council Services, Other Current Expenses, Miscellaneous Contract Services account; and credits the same to the Clerk-Council Services, Salary and Wages, Regular Salary and Wages account. Funds would be used to cover a shortage caused by cash in lieu of vacation pay and to pay for videoconferencing services. Reference: Comm. 263 Intr. by: Mr. Kanuha (B/R) Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Res. 164-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO CHILD AND FAMILY SERVICE TO PROVIDE BUS COUPONS TO ASSIST WITH TRANSPORTATION Transfers/appropriates $2,500 out and from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits the same to the Office of the Prosecuting Attorney, Kona Prosecuting Attorney Other Current Expenses, Miscellaneous Contract Services account (Child and Family Service). Reference: Comm. 264 Intr. by: Ms. David ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 5 Hawai‘i County Council-11 May 6, 2015 Res. 165-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE AN OUTDOOR MULTI-PURPOSE SCOREBOARD FOR NĀ‘ĀLEHU PARK Transfers/appropriates $5,600 out and from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits the same to the Department of Parks and Recreation, Recreation Division Equipment, Miscellaneous Equipment account (Nā‘ālehu Park). Reference: Comm. 265 Intr. by: Ms. David ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Res. 167-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR REPAIRS TO THE HŌNAUNAU RODEO ARENA Transfers/appropriates $15,400 out and from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits the same to the Department of Parks and Recreation, Parks Maintenance Other Current Expenses, Building and Construction Materials account (Hōnaunau Rodeo Arena). Reference: Comm. 267 Intr. by: Ms. David ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 6 Hawai‘i County Council-11 May 6, 2015 Res. 168-15: 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 PROMOTE FOOD SUSTAINABILITY IN PUNA AND SERVICE 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, Hawai‘i County Resource Center, Miscellaneous Contract Services account (Kalani Honua – Food Sustainability). Reference: Comm. 268 Intr. by: Mr. Paleka ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Res. 169-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE FUNDS TO PURCHASE ULTRAVIOLET BLOCKING WINDOW COVERINGS FOR RICHARDSON OCEAN PARK Transfers/appropriates $3,730 out and from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contracts account (Richardson Ocean Park – Window Coverings). Reference: Comm. 269 Intr. by: Ms. Poindexter ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 7 Hawai‘i County Council-11 May 6, 2015 Res. 170-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE TWO PORTABLE BASKETBALL SYSTEMS FOR COUNCIL DISTRICT 1 Transfers/appropriates $5,100 out and from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits the same to the Department of Parks and Recreation, Recreation Division Equipment, Miscellaneous Equipment account (Recreation Equipment – Council District 1). Reference: Comm. 270 Intr. by: Ms. Poindexter ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM Res. 171-15: THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA‘ALEHU THEATER FOR EXPENSES ASSOCIATED WITH THE 2015 HILO SLACK KEY MUSIC FESTIVAL Transfers/appropriates $2,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits the same to the Department of Research and Development, Tourism Promotion, Miscellaneous Contract Services account (Na‘alehu Theater, 2015 Hilo Slack Key Music Festival). Reference: Comm. 271 Intr. by: Mr. Paleka ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 8 Hawai‘i County Council-11 May 6, 2015 Res. 172-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO CHILD AND FAMILY SERVICE IN EAST HAWAI‘I TO ASSIST ITS CLIENTS WITH BUS TRANSPORTATION Transfers/appropriates $510 out and from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits the same to the Mass Transit Agency, Mass Transit – Other Current Expenses, Miscellaneous Contract Services account (Child and Family Service – Bus Tickets–Council District 2). Reference: Comm. 272 Intr. by: Mr. Chung ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Res. 173-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE TROPHIES FOR THE KUPUNA STATE SOFTBALL TOURNAMENT Transfers/appropriates $800 out and from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits the same to the Department of Parks and Recreation, Elderly Activities Division Special Programs Other Current Expenses, Miscellaneous Charges account (Trophies – Kupuna State Softball Tournament). Reference: Comm. 273 Intr. by: Mr. Chung ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 9 Hawai‘i County Council-11 May 6, 2015 Res. 174-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA‘ALEHU THEATER FOR THE 2015 HILO SLACK KEY MUSIC FESTIVAL Transfers/appropriates $2,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits the same to the Department of Research and Development, Tourism Promotion, Miscellaneous Contract Services account (Na‘alehu Theater, 2015 Hilo Slack Key Music Festival). Reference: Comm. 274 Intr. by: Mr. Chung ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Res. 175-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK IMPROVEMENTS AT VARIOUS FACILITIES IN COUNCIL DISTRICT 2 Transfers/appropriates $23,590 out and from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits the same to the Department of Parks and Recreation, Transfer to Capital Project Fund-G, Miscellaneous Charges account (Discretionary Projects – Council District 2). Reference: Comm. 275 Intr. by: Mr. Chung ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 10 Hawai‘i County Council-11 May 6, 2015 Res. 176-15: 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 FRIENDS OF THE FUTURE FOR THE 2015 HONOKA‘A WESTERN WEEK FESTIVAL Transfers/appropriates $5,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (2015 Honoka‘a Western Week). Reference: Comm. 276 Intr. by: Ms. Poindexter ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Res. 177-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ST. JOSEPH SCHOOL FOR THE 2015 ST. JOSEPH HIGH SCHOOL PROJECT GRAD NIGHT Transfers/appropriates $250 out and from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits the same to the Department of Liquor Control, Public Programs, Miscellaneous Contract Services account (2015 St. Joseph High School Project Grad Night). Reference: Comm. 277 Intr. by: Mr. Onishi ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 11 Hawai‘i County Council-11 May 6, 2015 Res. 178-15: 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 WAIMEA PRESERVATION ASSOCIATION FOR THE MINUKEʻOLE 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, Hawai‘i County Resource Center, Miscellaneous Contract Services account (Waimea Preservation Association). Reference: Comm. 278 Intr. by: Ms. Wille AMENDED TO DRAFT 2 AND ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Res. 179-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND SPORTS HALL OF FAME TO RELOCATE AND MAINTAIN THE HALL OF FAME DISPLAY Transfers/appropriates $1,500 out and from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Grant to Big Island Sports Hall of Fame). Reference: Comm. 279 Intr. by: Mr. Onishi ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 12 Hawai‘i County Council-11 May 6, 2015 Res. 180-15: 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 PĀHOA SCHOOLS SUPPORT FOUNDATION FOR THE 2015 PAHOA HIGH SCHOOL PROJECT GRAD NIGHT Transfers/appropriates $3,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits the same to the Department of Liquor Control, Public Programs, Miscellaneous Contract Services account (2015 Pahoa High School Project Grad Night). Reference: Comm. 282 Intr. by: Mr. Paleka ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Res. 181-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY FOR THE DEPARTMENT OF FINANCE, DIVISION OF VEHICLE REGISTRATION AND LICENSING (VRL), WAIMEA OFFICE Authorizes the Mayor to enter into a ten-year lease agreement with two five-year options to lease approximately 2,190 square feet of office space in the Waimea Center at 65-1158 Māmalahoa Highway. Reference: Comm. 285 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 13 Hawai‘i County Council-11 May 6, 2015 Res. 182-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF STREET SENSE AND STREET ANALYTICS LICENSES FOR USE BY THE HAWAI‘I FIRE DEPARTMENT Donated by the Daniel Sayre Memorial Foundation with a combined value of $14,000, these software licenses would be used by the Department’s Emergency Medical Services (EMS) Bureau to identify, track, and manage patients at risk of falling; chronic homeless; and individuals who utilize the EMS system to a high degree. Reference: Comm. 287 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Res. 183-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF EQUIPMENT TO THE HAWAI‘I FIRE DEPARTMENT Donated by the Daniel Sayre Memorial Foundation, a winch, two all-terrain vehicles with trailers, a public announcement system, payment for a Swiftwater Training Rescue course, and a high pressure firefighting pump, with a combined value of $55,472.47, would be used by the Department’s Ocean Safety and Fire Protection programs. Reference: Comm. 288 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 14 Hawai‘i County Council-11 May 6, 2015 Res. 184-15: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT TO SUBGRANT WITH THE STATE OF HAWAI‘I, DEPARTMENT OF LAND AND NATURAL RESOURCES (DLNR), AND TO ACCEPT FUNDS FOR THE ACQUISITION OF KAHUKU COASTAL PROPERTY, DISTRICT OF KA‘Ū, ISLAND OF HAWAI‘I Provides for the acquisition of approximately 3,127.95 acres of land located at Tax Map Key: 9-2-001:075 as a site to expand monitoring, management, and protection of the potential Hawksbill turtle nesting habitat. Reference: Comm. 289 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) Bill 38: AMENDS ORDINANCE NO. 08-115, WHICH AMENDED ORDINANCE NO. 93-36, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 20 ACRES (A-20a), AGRICULTURAL – 10 ACRES (A-10a), AND AGRICULTURAL – 3 ACRES (A-3a) TO RESIDENTIAL AND ST AGRICULTURAL – 1 ACRE (RA-1a) AT KŪKŪAU 1, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEYS: 2-4-082:001-56, 58-61 (FORMERLY 2-4-008: PORTIONS OF 014 AND 026) (Applicant: Moaniala Holdings, LLC) (Area: 171.84 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment to Change of Zone Ordinance No. 08-115, which would: 1) Modify the timing of water commitment payments; 2) Grant a time extension to secure Final Subdivision Approval; 3) Modify road construction requirements for Kawailani Street and Kupulau Street extensions; and 4) update Fair Share Contribution rates, including considerations for potential changes to credits associated with roadway improvements. Reference: Comm. 232 Intr. by: Mr. Ilagan (B/R) Approve: PC-19 (Vote on Bill 38 continues on the next page.) Page 15 Hawai‘i County Council-11 May 6, 2015 PASSED 1 ST READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Bill 39: AMENDS CHAPTER 14, ARTICLE 13, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SOLICITING FOR MONEY OR OBJECTS OF VALUE Amends multiple definitions and what constitutes a prohibited act to expand and more clearly define first amendment protections for solicitation-related activity. Reference: Comm. 233 Intr. by: Mr. Kanuha (B/R) Approve: FC-24 ST PASSED 1 READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Bill 40 AMENDS CHAPTER 15, ARTICLES 2 AND 3, OF THE HAWAI‘I COUNTY (Draft 2): CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKS AND RECREATION Amends various sections to expand and more clearly define first amendment protections for solicitation-related activity at County parks and recreational facilities. Reference: Comm. 234.2 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-8 ST AMENDED TO DRAFT 3 AND PASSED 1 READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 16 Hawai‘i County Council-11 May 6, 2015 Bill 41: 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 - 2015 Block Grant account ($2,465,271) and the Block Grant - Program Income account ($215,925.52); and appropriates the same to the following accounts: Hilo Adult Day Care Center - Foundation and Site Improvements ($700,000); West Hawai‘i Emergency Shelter - Kitchen Renovations ($255,000); Habitat for Humanity Affordable Workforce Housing - Land Acquisition ($132,000); Pāhoa Fire Station - Wild Brush Truck Acquisition $235,000; West Hawai‘i Homeless Micro Housing Units - Site Improvements ($434,771); Kamakoa Nui Mutual Self-Help Housing - Land Acquisition ($200,000); Kona Domestic Abuse Shelter - Kitchen Renovations ($86,500); Residential Emergency Repair Program ($237,925.52); and Administration, Planning & Fair Housing ($400,000). Reference: Comm. 237 Intr. by: Ms. Eoff Approve: FC-21 ST PASSED 1 READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Bill 42: 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 - 2015 HOME Program account ($2,852,059) and the HOME Grant - Program Income account ($69,941.21); and appropriates the same to the following accounts: Tenant Based Rental Assistance ($666,178.21); Hale Ulu Hoi I and II Apartments ($400,000); Mohouli Heights Senior Neighborhood 2 ($669,287); Habitat for Humanity Affordable Workforce Housing ($600,000); Kumakua Self-Help Housing, Increment 2B ($160,000); Micro Housing First Project ($276,427); and Office of Housing and Community Development Administration ($150,108). Reference: Comm. 238 Intr. by: Ms. Eoff Approve: FC-22 (Vote on Bill 42 continues on the next page.) Page 17 Hawai‘i County Council-11 May 6, 2015 PASSED 1 ST READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Bill 43: 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 Transfer from General Fund account ($10,000); and appropriates the same to the Recycling Programs-County Other Current Expense account (Grant to Recycle Hawai‘i, Zero Waste Programs - District 9). Funds would be used to support, initiate, and facilitate Zero Waste programs at District 9 public and charter schools. Reference: Comm. 239 Intr. by: Ms. Eoff Approve: FC-23 ST PASSED 1 READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Bill 49: 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 State Grants – Wellhead Protection Program Grant account ($60,000); and appropriates the same to the Wellhead Protection Program Grant account. Funds would be provided to the Department of Environmental Management to advertise and conduct Household Hazardous Waste collection events around the island. Reference: Comm. 286 Intr. by: Ms. Eoff Waived: FC ST PASSED 1 READING: AYES: Council Members Chung, David, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 7. NOES: None. ABSENT: Council Members Eoff and Poindexter – 2. EXCUSED: None. Page 18 Hawai‘i County Council-11 May 6, 2015 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 HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE ESTABLISHMENT OF A SPECIAL DISTRICT TO BE KNOWN AS THE PĀHOA 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 Postponed: March 18, April 1 and 15, 2015 (Note: There is a pending motion by Mr. Ilagan and duly seconded by Mr. Paleka to approve Bill 282.) ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 19 Hawai‘i County Council-11 May 6, 2015 Bill 283 AMENDS CHAPTER 25, ARTICLE 2, DIVISION 7 AND ARTICLE 6, (Draft 2): DIVISION 1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, (2012-2014) 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 and/or the applicable planning commission 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. 259.3 Intr. by: Mr. Kanuha First Reading: March 4, 2015 Postponed: March 18, April 1 and 15, 2015 (Note: There is a pending motion by Mr. Ilagan and duly seconded by Mr. Paleka to approve Bill 283.) ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 20 Hawai‘i County Council-11 May 6, 2015 Bill 291: AMENDS CHAPTER 3 OF THE HAWAI‘I COUNTY CODE 1983 (2012-2014) (2005 EDITION, AS AMENDED), RELATING TO REGULATION OF SIGNS IN THE PĀHOA VILLAGE DESIGN DISTRICT Sets forth the requirements and procedures for obtaining a permit for signage within the Pāhoa Village Design District. Also establishes the review process for sign permit applications. Reference: Comm. 1044 Intr. by: Mr. Kern (B/R) First Reading: March 4, 2015 Postponed: March 18, April 1 and 15, 2015 (Note: There is a pending motion by Mr. Ilagan and duly seconded by Mr. Paleka to approve Bill 291.) ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Bill 35: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALS ORDINANCE NO. 14-84 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2015 Incorporates the scheduled increase to minimum wage effective January 1, 2016, into the proposed Salary Ordinance of 2015. Reference: Comm. 205 Intr. by: Ms. Eoff First Reading: April 15, 2015 POSTPONED TO THE JUNE 3, 2015, COUNCIL MEETING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 21 Hawai‘i County Council-11 May 6, 2015 Bill 44: 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 State Grants – Safe Routes to School Program Grant account ($48,000); and appropriates the same to the Safe Routes to School Program Grant. Funds would be used to improve the ability of children to walk or bicycle safely to school. Reference: Comm. 251 Intr. by: Ms. Eoff First Reading: April 15, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Bill 45: 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 Transfer from General Fund account ($4,000); and appropriates the same to the Traffic Signs and Markings Other Current Expenses account (Convex Mirrors – District 2). Reference: Comm. 252 Intr. by: Ms. Eoff First Reading: April 15, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. Page 22 Hawai‘i County Council-11 May 6, 2015 Bill 46: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015, RELATING TO THE TRANSFER OF FUNDS TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND Increases revenues in the Real Property Tax Interest account ($112,500); and appropriates $100,000 to the Transfer to Public Access/Open Space Preservation Fund and $12,500 to the Transfer to Public Access/Open Space Preservation Maintenance Fund accounts. Reference: Comm. 253 Intr. by: Ms. Eoff First Reading: April 15, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. REPORTS Financial Report: Monthly Budget Status Report for the Month Ended March 31, 2015, from the Department of Finance. ACCEPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. REFERRALS FOR EXECUTIVE SESSION Comm. 291: REQUEST TO AUTHORIZE THE USE OF SPECIAL COUNSEL TO ADVISE THE HAWAIʻI COUNTY BOARD OF ETHICS IN MATTERS RELATING TO PETITIONS 2015-03 AND 2014-08 From Corporation Counsel Molly A. Stebbins, dated April 22, 2015, requesting an attorney-client confidential discussion to consult with the Council regarding the use of one or more attorneys from Maui’s Department of the Corporation Counsel to advise the Board of Ethics on the aforementioned petitions, due to a potential conflict of interest within the County’s Office of the Corporation Counsel. (Vote on Comm. 291 continues on the next page.) Page 23 Hawai‘i County Council-11 May 6, 2015 APPROVED USE OF SPECIAL COUNSEL: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. 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. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 1:33 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 May 4, 2015 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. 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. Page 24 Hawai‘i County Council-11 May 6, 2015 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@hawaiicounty.gov. 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, May 13 and 20, 2015, at 6 p.m.; Fridays, May 15 and 22, 2015, at 12 p.m.; and Sundays, May 17 and 24, 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 MONDAY, MAY 18, 2015 SPECIAL MEETING OF TBA WEST HAWAI‘I CIVIC CENTER THE COUNCIL 74-5044 Ane Keohokālole Highway Building A TENTATIVE COUNCIL 5:00 P.M. WEST HAWAI‘I CIVIC CENTER PUBLIC HEARING RE REAL 74-5044 Ane Keohokālole Highway PROPERTY TAX RATES Building A TUESDAY, MAY 19, 2015 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 25 Hawai‘i County Council-11 May 6, 2015 MONDAY, JUNE 1, 2015 SPECIAL MEETING OF TBA COUNCIL ROOM - HILO THE COUNCIL 25 Aupuni Street TUESDAY, JUNE 2, 2015 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, JUNE 3, 2015 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 26