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Home My WebLink AboutAGE COUNCIL 09/02/2015 2014-2016 DRU MAMO KANUHA 051,7!. AARON S. Y. CHUNG Chair and Presiding Officer MAILE"MEDEIROS" DAVID %• �'`'� \��:• KAREN EOFF VALERIE T. POINDEXTER --'_ =y % GREGGOR ILAGAN Vice Chair : DENNIS"FRESH" ONISHI • ,tF GF•N►.... DANNY PALEKA MARGARET WILLE COUNTY COUNCIL County of Hawai Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 21St Session cp ORDER OF BUSINESS v ,1 Hawai`i County Building 25 Aupuni Street ••".; = Hilo, Hawai`i September 2, 2015 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Captain Celestine Ruwethin of Hilo Salvation Army Temple Corps CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Serving the Interests of the People of Our Island Hawai`i County is an Equal Opportunity Provider and Employer. Hawaii County Council -21 September 2, 2015 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) APPROVAL OF MINUTES COMMUNICATIONS ORDER OF RESOLUTIONS Res. 252-15: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO POHAHA I KA LANI Approves a grant of $83,500 to Pohaha I Ka Lani, a 501(c)(3) nonprofit organization, for the purpose of protecting, preserving, and restoring the Waipi`o Valley Lookout property (Tax Map Key: 4-8-004:006), pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 423 Intr. by: Ms. Poindexter Approve: FC -32 Res. 254-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF BIG ISLAND DRUG COURT, INC., TO PAY FOR SERVICES FOR PARTICIPANTS OF THE BIG ISLAND DRUG COURT AND BIG ISLAND VETERANS TREATMENT COURT Transfers/appropriates $5,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 4); and credits the same to the Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expenses, Miscellaneous Contract Services account (Friends of Big Island Drug Court, Inc.) Reference: Comm. 426 Intr. by: Mr. Eagan Page 2 Hawaii County Council -21 September 2, 2015 Res. 255-15: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $20 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Jeffrey and Helen Lorance to purchase prizes for the Annual Ohana Shoreline Fishing Tournament held in August 2015. Reference: Comm. 427 Intr. by: Ms. Eoff Waived: FC Res. 256-15: PROPOSES AN AMENDMENT TO THE COUNTY OF HAWAII GENERAL PLAN, IN ACCORDANCE WITH THE GENERAL PLAN COMPREHENSIVE REVIEW PROCESS, RELATING TO THE PRINCIPLES OF THE AHUPUA`A SYSTEM Proposes amendments to the General Plan to apply the values, philosophy, and geographical features of the ahupua`a system as a land use model to regulatory decisions and government programs, fulfilling sustainability goals, and land use policies with consideration for resource management. Reference: Comm. 429 Intr. by: Ms. David Waived: PC Res. 257-15: PROPOSES AN AMENDMENT TO THE COUNTY OF HAWAII GENERAL PLAN, IN ACCORDANCE WITH THE GENERAL PLAN COMPREHENSIVE REVIEW PROCESS Proposes the following amendments to the General Plan: 1) Retain Sections 1.1 and 1.2 of the 2005 General Plan as Chapter 1 of the Revised General Plan; 2) Insert Exhibit A "General Plan Policies And Principles" as Chapter 2 of the Revised General Plan; 3) Insert Exhibits B through O, "General Plan Categories" as Chapter 3 of the Revised General Plan; 4) Retain Chapters 15 and 16 of the 2005 General Plan as the final chapters in the Revised General Plan; 5) Place the 2005 General Plan Sections 1.6, 1.7, and 1.8, as appropriately updated, in the Appendices to the Revised General Plan; 6) Place all statistical analysis and background research in the Appendices to the Revised General Plan appendices; and 7) Place the Strategies and Action Plan Sections in a separate chapter or in the Appendices to the Revised General Plan as the Planning Director deems appropriate. Reference: Comm. 430 Intr. by: Ms. Wille Waived: PC Page 3 Hawaii County Council -21 September 2, 2015 Res. 258-15: PROPOSES AN AMENDMENT TO THE COUNTY OF HAWAII GENERAL PLAN, IN ACCORDANCE WITH THE GENERAL PLAN COMPREHENSIVE REVIEW PROCESS, RELATING TO ROADWAY ACCESS IN THE DISTRICT OF KA`U DURING TIMES OF FLOODING Proposes to amend the General Plan to investigate potential solutions to prevent the closure of the Hawaii Belt Road due to flooding, including improving, acquiring, and maintaining alternate routes. Reference: Comm. 431 Intr. by: Ms. David Waived: PC Res. 259-15: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO AWARD FUNDS TO THE PEOPLES ADVOCACY FOR TRAILS HAWAII (PATH) Funds in the amount of $35,000 would be used towards PATH's Bike Education program for fourth grade students. Reference: Comm. 432 Intr. by: Ms. Eoff Waived: FC Res. 260-15: AUTHORIZES THE ACCEPTANCE OF A GRANT AWARD OF $50,000 FROM THE CITIES FOR FINANCIAL EMPOWERMENT FUND TO SUPPORT THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT'S DIRECT DEPOSIT INCENTIVE PROGRAM Funds would be used to provide Direct Deposit Incentive program participants incentives for opening and maintaining an account free of overdraft fees and introduce participants to additional financial and employment related services. Reference: Comm. 433 Intr. by: Ms. Eoff Waived: FC Page 4 Hawaii County Council -21 September 2, 2015 Res. 261-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII LGBT LEGACY FOUNDATION TO ASSIST WITH EXPENSES RELATED TO THE 3RD ANNUAL LGBT PRIDE PARADE AND FESTIVAL Transfers/appropriates $1,000 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 (Hawai`i LGBT Legacy Foundation — 3rd Annual LGBT Pride Parade and Festival). Reference: Comm. 434 Intr. by: Mr. Paleka Res. 262-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII ISLAND ECONOMIC DEVELOPMENT BOARD, INC. (HIEDB), TO ASSIST WITH EXPENSES RELATED TO `IMILOA ASTRONOMY CENTER'S MOBILE SCIENCE OUTREACH PROGRAM FOR SCHOOLS IN THE PUNA DISTRICT Transfers/appropriates $5,000 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 (HIEDB — `Imiloa Astronomy Center's Mobile Science Outreach Program). Reference: Comm. 435 Intr. by: Mr. Paleka Res. 263-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII ISLAND ECONOMIC DEVELOPMENT BOARD, INC. (HIEDB), TO ASSIST WITH EXPENSES RELATED TO TRANSPORTATION FOR THE STARBASE HAWAII PROGRAM DURING THE 2015-2016 SCHOOL YEAR Transfers/appropriates $3,000 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 (HIEDB — STARBASE Hawai`i). Reference: Comm. 437 Intr. by: Mr. Paleka Page 5 Hawaii County Council -21 September 2, 2015 Res. 265-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH EXPENSES RELATED TO THE FIRST JUNIOR POLICE OFFICERS (JPO) PROGRAM AT PAHOA ELEMENTARY SCHOOL Transfers/appropriates $1,000 out and from the Clerk -Council Services — Contingency Relief account (Council District 5); and credits the same to the Hawaii Police Department, Police Administration Division — Other Current Expenses, Educational -Recreational -Scientific account (JPO Program — Pahoa Elementary School). Funds would be used to pay for an end -of -year award celebration and 11 JPO shirts. Reference: Comm. 439 Intr. by: Mr. Paleka Res. 266-15: URGES HAWAII'S CONGRESSIONAL DELEGATION TO PROPOSE AND PASS AN AMENDMENT CLARIFYING THAT CORPORATIONS ARE NOT PEOPLE WITH CONSTITUTIONAL RIGHTS, AND THAT UNLIMITED CAMPAIGN SPENDING IS NOT FREE SPEECH Reference: Comm. 445 Intr. by: Ms. Eoff Waived: GREDC Res. 267-15: REQUESTS THE HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) TO INCLUDE IN ITS 2016 LEGISLATIVE PACKAGE A RESOLUTION URGING HAWAII'S CONGRESSIONAL DELEGATION TO PROPOSE AND PASS AN AMENDMENT CLARIFYING THAT CORPORATIONS ARE NOT PEOPLE WITH CONSTITUTIONAL RIGHTS, AND THAT UNLIMITED CAMPAIGN SPENDING IS NOT FREE SPEECH Requests that the HSAC package include a request to the State Legislature to urge Hawai`i's congressional delegation to take the above action. Reference: Comm. 446 Intr. by: Ms. Eoff Waived: GREDC Page 6 Hawaii County Council -21 BILLS FOR ORDINANCES (FIRST READING) September 2, 2015 Bill 80: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2016 Appropriates revenues in the Housing Private Contributions account ($50,000); and appropriates the same to the Direct Deposit Incentive Program account. Funds would be used to provide Direct Deposit Incentive program participants incentives for opening and maintaining an account free of overdraft fees and introduce participants to additional financial and employment related services. Reference: Comm. 433 Intr. by: Ms. Eoff Waived: FC Bill 85: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2015, TO JUNE 30, 2016 Adds the Public Works Water Line Replacement, Nohea Street, Santos Lane — State project for $550,000 to the Capital Budget. Funds for the project shall be provided from State Grants Receivable ($550,000). Funds would be used to replace corroded and leaky galvanized water lines along Nohea Street and Santos Lane in Hilo. Reference: Comm. 444 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 Page 7 Hawaii County Council -21 September 2, 2015 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 62 INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 3, (Draft 2): SECTION 6-3.4, OF THE HAWAII COUNTY CHARTER (2014), RELATING TO COUNTY BANDS Removes language specifying that bandmasters and band employees are appointed and exempt from civil service laws and classifications. Reference: Comm. 357.2 Intr. by: Mr. Onishi First Reading: August 5, 2015 Second Reading: August 19, 2015 Note: Third of three required readings, a 2/3 vote of the entire membership is required to pass each reading, pursuant to Section 15-1(a), Hawai`i County Charter. Bill 72: AMENDS THE COUNTY OF HAWAII GENERAL PLAN AS ADOPTED BY ORDINANCE NO. 05-25 AND AMENDED BY ORDINANCE NOS. 06-153, 12-89, AND 14-87, AND BY AMENDING MAP 14 OF THE LAND USE PATTERN ALLOCATION GUIDE MAP BY CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY URBAN AND IMPORTANT AGRICULTURAL LAND TO MEDIUM DENSITY URBAN FOR KEA`AU VILLAGE AND THE IMMEDIATELY SURROUNDING AREAS, KEA`AU VILLAGE, KEA`AU, PUNA, ISLAND OF HAWAII (Planning Director Initiated) The Windward and Leeward Planning Commissions forward their favorable recommendations for this amendment. Reference: Comm. 398 Intr. by: Mr. Eagan (B/R) First Reading: August 19, 2015 Bill 74: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Asset Forfeitures — State account ($200,000); and appropriates the same to the Asset Forfeitures — State account. The appropriation is necessary for the Police Department to receive State Asset Forfeiture funds. Reference: Comm. 412 Intr. by: Ms. Eoff First Reading: August 19, 2015 Page 8 Hawaii County Council -21 September 2, 2015 Bill 75: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2016 Increases revenues in the State Grants — Coastal Zone Management account ($16,258); and appropriates the same to the Coastal Zone Management — Other Current Expenses account. Funds would be used for costs related to increased wages of public employees providing contract work and for performance of additional services. Reference: Comm. 413 Intr. by: Ms. Eoff First Reading: August 19, 2015 Bill 76: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the State Grants — Fall Prevention/Home Safety Program account ($3,360); and appropriates the same to the Fall Prevention/Home Safety Program account. Funds would be used by the Hawaii Fire Department to conduct home safety assessments with individuals identified as at -risk for falls and to refer individuals to prevention services. Reference: Comm. 415 Intr. by: Ms. Eoff First Reading: August 19, 2015 REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 428: GARY DARNELL/GOVERNMENT EMPLOYEES INSURANCE COMPANY VS. COUNTY OF HAWAII; ET AL.; CIVIL NO. 09-1-0146 From Deputy Corporation Counsel Melody Parker, dated August 11, 2015, requesting an attorney-client confidential discussion to consult with the Council a possible settlement offer for a lawsuit filed on April 17, 2009, due to an automobile accident. 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 Hawaii 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 9 Hawaii County Council -21 September 2, 2015 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 accommodations for this meeting should call 961-8255 by August 31, 2015. Relay users please call 711(961-8255) to contact our office. Public attendance via courtesy site 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 Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A; and • Waimea Council Office, Holomua Center, 64-1067 Mamalahoa Highway, Suite 5. Public attendance via courtesy site is also available at the following locations until public testimony has been completed: • County Facility (former Bank of Hawaii Building), 54-3888 Akoni Pule Highway, Kohala; • Na`alehu State Office Building, 95-5669 Mamalahoa Highway, Na`alehu; and • Pahoa 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 htip://www.hawaiicounty_.gov. Copies of this agenda and items listed on the agenda are available on the County Council -Clerk web page at http://www.hawaiicounty.gov/lb-council-meeting. For further information, please call 961-8255. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestiinonyLq)hawaiicouno�.gov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) to videotestimonyghawaiicounty_.gov before 12:00 noon on the business day prior to the meeting. The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item Page 10 Hawaii County Council -21 September 2, 2015 (communication, bill, resolution, or report number), and number of testifiers on the video submittal. Each video submittal shall be limited to a single agenda item. Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played 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, September 9 and 16, 2015, at 6 p.m.; Fridays, September 11 and 18, 2015, at 12 p.m.; and Sundays, September 13 and 20, 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 Hawaii. Please check the current legislative broadcast schedule on the Na Leo `O Hawaii website at http://www.naleo.ty/ty- schedules/channel-55/.) UPCOMING MEETINGS TUESDAY, SEPTEMBER 15, 2015 COMMITTEES TBA WEST HAWAII CIVIC CENTER 74-5044 Ane Keohokalole Highway Building A WEDNESDAY. SEPTEMBER 16.2015 COUNCIL 9:00 A.M. WEST HAWAII CIVIC CENTER 74-5044 Ane Keohokalole Highway Building A COMMITTEES COUNCIL TUESDAY, OCTOBER 6, 2015 WEDNESDAY, OCTOBER 7, 2015 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street COUNCIL ROOM - HILO 25 Aupuni Street Page 11