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Home My WebLink AboutAGE COUNCIL 10/07/2015 2014-2016 DRU MAMO KANUHA •"•'!r;•. AARON S.Y.CHUNG Chair and Presiding Officer \‘1'i�4s' ' MAILE"MEDEIROS"DAVID • KAREN EOFF VALERIE T. POINDEXTER ▪ '• --'i•!- GREGGOR ILAGAN rice Chair •"•'�`•" DENNIS"FRESH"ONISHI ,T!OFN�d DANNY PALEKA MARGARET WILLE COUNTY COUNCIL County of Hawai`i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 23rd Session ORDER OF BUSINESS =--4 -- Hawai`i County Building 72 25 Aupuni Street r; Hilo, Hawaii Lk.) October 7, 2015 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Kahu Brian Welsh of Haili Congregational Church 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. Hawai‘i County Council-23 October 7, 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. 273-15: 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 HAWAI‘I ISLAND ECONOMIC DEVELOPMENT BOARD, INC., FOR EDUCATIONAL FIELD TRIPS TO ʻIMILOA ASTRONOMY CENTER OF HAWAI‘I FOR STUDENTS IN THE PUNA DISTRICT Transfers $10,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Research and Development, Business Development account. Funds will be used to cover costs for program supplies, travel expenses, and admission for students in grade levels 3 through 9. Reference: Comm. 457 Intr. by: Mr. Ilagan Res. 275-15: 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 THE FUTURE FOR THE 2015 HŌKŪPAʻA YOUTH SUPPORT SUMMIT Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Prosecuting Attorney, Kona Other Current Expenses account. Reference: Comm. 459 Intr. by: Mr. Kanuha Page 2 Hawai‘i County Council-23 October 7, 2015 Res. 276-15: 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 THE FUTURE FOR HŌKŪPAʻA YOUTH SUPPORT FORUMS IN 2015 Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Prosecuting Attorney, Kona Other Current Expenses account. Reference: Comm. 460 Intr. by: Ms. Eoff Res. 277-15: 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 THE FUTURE FOR THE 2015 HŌKŪPAʻA YOUTH SUPPORT FORUM Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Prosecuting Attorney, Kona Other Current Expenses account. Reference: Comm. 461 Intr. by: Ms. David Res. 278-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS TO BE PLACED AT THE WEST HAWAI‘I VETERANS CEMETERY FOR THE NATIONAL WREATHS ACROSS AMERICA DAY ON DECEMBER 12, 2015 Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Parks and Recreation Administration, Other Current Expenses account. Reference: Comm. 462 Intr. by: Ms. Eoff Page 3 Hawai‘i County Council-23 October 7, 2015 Res. 279-15: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAIʻI BY AMENDING RULE NO. 24, BILLS AND RESOLUTIONS Amends Council Rule 24, General Procedures, to include the requirement that the Legislative Research Branch shall review bills and resolutions prior to filing with the Clerk, unless the introducer states in writing to the Chairperson that such review shall be waived. Reference: Comm. 463 Intr. by: Mr. Ilagan Res. 281-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE FUNDING TO THE DEPARTMENT OF PARKS AND RECREATION FOR EXPENSES RELATED TO THE HILO SEGMENT OF THE 2015 JAPAN TRAINING SQUADRON GOODWILL TOUR Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Parks and Recreation, Culture/Arts Other Current Expenses account. Reference: Comm. 466 Intr. by: Mr. Chung Res. 282-15: 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 KONA COFFEE FESTIVAL FOR EXPENSES RELATING TO THE TH 45 ANNUAL CELEBRATION OF KONA COFFEE Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Parks and Recreation Administration, Other Current Expenses account. The festival is scheduled for November 6-15, 2015. Reference: Comm. 469 Intr. by: Ms. David Page 4 Hawai‘i County Council-23 October 7, 2015 Res. 285-15: REQUESTS THE HAWAI‘I STATE LEGISLATURE TO RECOGNIZE NOVEMBER 28 AS “LĀ KŪʻOKOʻA” IN HONOR OF HAWAI‘I’S INDEPENDENCE DAY Urges the Legislature to amend Chapter 8, Holidays, of the Hawai‘i Revised Statutes to add a new section designating November 28 of each year to be known as “Lā KūʻOkoʻa”, in recognition of November 28, 1843, which was celebrated as Independence Day by the Kingdom of Hawai‘i. Reference: Comm. 474 Intr. by: Mr. Ilagan Waived: GREDC ; and Comm. 474.1: From Governmental Relations and Economic Development Committee Chairperson Dennis “Fresh” Onishi, dated September 25, 2015, requesting that this matter be waived to the full Council for immediate action. Res. 288-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF 25 CASES OF 12 GAUGE AMMUNITION TO THE DEPARTMENT OF PARKS AND RECREATION Donated by HiloWalmart, and valued at $1,577.50, to be used by the department’s National Rifle Association classes. Reference: Comm. 479 Intr. by: Ms. Eoff Waived: FC Res. 289-15: 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 DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement for a copy machine for the Hilo Building Division, at an approximate cost of $2,160 per year. Reference: Comm. 480 Intr. by: Ms. Eoff Waived: FC Res. 290-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPIER FOR THE OFFICE OF THE CORPORATION COUNSEL Authorizes the Mayor to enter into a five-year lease agreement for a multi-function color copy machine at an approximate cost of $8,000 per year. Reference: Comm. 481 Intr. by: Ms. Eoff Waived: FC Page 5 Hawai‘i County Council-23 October 7, 2015 Res. 291-15: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD A GRANT TO THE HAWAI‘I TROPICAL FLOWER COUNCIL (HTFC) Provides $40,000 to support HTFC’s marketing plan, which increases awareness of the Hawai‘i Tropical Flower brand by participating in mainland and international tradeshows. Reference: Comm. 482 Intr. by: Ms. Eoff Waived: FC Res. 292-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF TRANSPORTATION (DOT), PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, TO ACCEPT FEDERAL FUNDS FOR THE OFFICE OF THE PROSECUTING ATTORNEY’S DOT FLEX PROGRAM Provides $105,045 to the Flex program, which would be used to provide specialized training for police, prosecutors, and members of the judiciary in the investigation and prosecution of drivers impaired by drugs and/or alcohol. Reference: Comm. 483 Intr. by: Ms. Eoff Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 37 AMENDS CHAPTER 2, ARTICLE 15, OF THE HAWAI‘I COUNTY CODE 1983 (Draft 3): (2005 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS Amends: 1) Definitions - revises definition for “agency” and adds definition for “immediate family”; 2) Fair Treatment - amends provision for use of County property to include “campaign purposes” and adds provision that places a $50,000 limit on any County contract for goods and services with a County officer or employee or a business where an immediate family member of a County officer or employee has a controlling interest of said business; 3) Conflicts of Interest - revises provisions for the ability of County officers and employees to represent private interests in legal actions/proceedings against the County or appear on behalf of private interests before any agency of the County; and 4) Contracts - establishes a $50,000 limit on any County contract with an officer or employee of the County, or a business in which the officer or employee of the County or the officer or employee’s immediate family holds a controlling interest. Reference: Comm. 231.14 Intr. by: Ms. Wille Postponed: September 16, 2015 (Note: There is a pending motion by Ms. Wille and duly seconded by Mr. Onishi to approve Bill 37, Draft 3.) Page 6 Hawai‘i County Council-23 October 7, 2015 Bill 78 AMENDS CHAPTER 2, ARTICLE 16, SECTION 2-98 OF THE HAWAI‘I (Draft 2): COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO TRAVEL AND OTHER EXPENSES Amends the Code to require that an exception to prohibited expenditures may only be allowed if a written request showing the expenditure would be for a public purpose is approved by the Mayor for requests made by employees or officers of the Executive Branch or the Council Chair for requests made by employees or officers of the Legislative Branch. Reference: Comm. 422.3 Intr. by: Mr. Ilagan Postponed: September 16, 2015 (Note: There is a pending motion by Mr. Ilagan and duly seconded by Ms. Wille to approve Bill 78, Draft 2.) Bill 86: AMENDS ORDINANCE NO. 08-72, WHICH AMENDED ORDINANCE NO. 95-55, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL - 10 ACRES (A-10a) AND AGRICULTURAL - 3 ACRES (A-3a) TO AGRICULTURAL - 1 ACRE (A-1a) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-048:093 AND PORTION OF 13. (Applicant: Glory Nani Mau, LLC) (Area: 41.749 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow a five-year time extension to Condition B, Final Subdivision Approval. Reference: Comm. 447 Intr. by: Mr. Ilagan (B/R) Approve: PC-26 Bill 90 AMENDS CHAPTER 2, ARTICLE 42 OF THE HAWAI‘I COUNTY CODE (Draft 2): 1983 (2005 EDITION, AS AMENDED), RELATING TO PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION Adds language to facilitate the administration of the Public Access, Open Space, and Natural Resources Preservation Maintenance Fund; and to enable the Public Access, Open Space, and Natural Resources Commission to review and evaluate stewardship grant applications associated with the fund. Reference: Comm. 455.2 Intr. by: Ms. Eoff Approve: FC-35 Page 7 Hawai‘i County Council-23 October 7, 2015 Bill 96: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants – DOT Flex Grant account ($105,045); and appropriates the same to the DOT Flex Grant account. Funds would be used to provide specialized training for police, prosecutors, and members of the judiciary in the investigation and prosecution of drivers impaired by drugs and/or alcohol. Reference: Comm. 483 Intr. by: Ms. Eoff Waived: FC Bill 97: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants – Aggressive Driving Project Grant account ($4,000); and appropriates the same to the Aggressive Driving Project Grant account. The funds would be used with existing funds towards the purchase of 20 Whelen VERTEX Super-LED light kits for Traffic Enforcement Unit officers with unmarked vehicles. Reference: Comm. 484 Intr. by: Ms. Eoff Waived: FC Bill 98: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants – Hawai‘i County Police Department (HCPD) Click It Or Ticket Grant account ($500); and appropriates the same to the HCPD Click It Or Ticket Grant account. The funds would be used with existing funds towards the purchase of additional sporting equipment for the East and West side of the Island to facilitate various sporting events. Reference: Comm. 485 Intr. by: Ms. Eoff Waived: FC Page 8 Hawai‘i County Council-23 October 7, 2015 Bill 99: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants – Speed Enforcement Grant account ($15,000); and appropriates the same to the Speed Enforcement Grant account. The funds would be used with existing funds towards the purchase of a Stalker Speed Awareness Monitor for the Kona district. Reference: Comm. 486 Intr. by: Ms. Eoff Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 81: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds two separate portions of Mohouli Street to Section 24-280 (No parking at anytime), Subsection (c), South Hilo. Reference: Comm. 440 Intr. by: Ms. Poindexter First Reading: September 16, 2015 Bill 82: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds a portion of Kaomoloa Road to Section 24-279 (Parking on pavement prohibited at all times), Subsection (e), Kohala. Reference: Comm. 441 Intr. by: Ms. Poindexter First Reading: September 16, 2015 Bill 83: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO LOADING ZONES Adds the western terminus of Kahauloa Road to Section 24-288.1 (Active loading and unloading zones), Subsection (f), Kona. Reference: Comm. 442 Intr. by: Ms. Poindexter First Reading: September 16, 2015 Page 9 Hawai‘i County Council-23 October 7, 2015 Bill 84 AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I (Draft 2): COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Section 24-280 (No parking at anytime), Subsection (f), Kona, by extending the portion of Hina-Lani Street where parking is prohibited. Reference: Comm. 443.2 Intr. by: Ms. Poindexter First Reading: September 16, 2015 Bill 87: 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 Kahilu Road Resurfacing – State project for $500,000 to the Capital Budget. Funds for the project shall be provided from State Grants Receivable ($500,000). Funds would be used towards labor and equipment. Reference: Comm. 451 Intr. by: Ms. Eoff First Reading: September 16, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 88: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Transfer from General Fund account ($900); and appropriates the same to the Signs and Markings, Other Current Expenses account (Roadway Safety Mirrors District 3). Funds would be used to install three convex mirrors to provide improved sight distance to driveways in District 3. Reference: Comm. 452 Intr. by: Ms. Eoff First Reading: September 16, 2015 Page 10 Hawai‘i County Council-23 October 7, 2015 Bill 89: 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 Parks and Recreation Hilo Trap and Skeet Range – Federal project for $643,250 to the Capital Budget. Funds for the project shall be provided from Federal Grants Receivable ($643,250). Funds would be used to upgrade the project, which would include repairing building structures, paving of the entrance road and parking lot, and drywell installation. Reference: Comm. 453 Intr. by: Ms. Eoff First Reading: September 16, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter REPORTS 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 October 5, 2015 accommodations for this meeting should call 961-8255 by . Relay users please call 711(961-8255) to contact our office. Page 11 Hawai‘i County Council-23 October 7, 2015 Public attendance via courtesy site is available at the following location 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 courtesy site is also available at the following location until 4:30 p.m.:  Conference Room adjacent to Hisaoka Gymnasium, Kamehameha Park Complex, 54-382 Kamehameha Park Road, Kapa‘au; Public attendance via courtesy site is also available at the following locations until public testimony has been completed:  Nāʻālehu State Office Building, 95-5669 Māmalahoa Highway, Nāʻālehu; 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. 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@hawaiicounty.gov. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) before 12:00 noon on the business day prior to the meeting to videotestimony@hawaiicounty.gov . 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, October 14 and 21, 2015, at 6 p.m.; Fridays, October 16 and 23, 2015, at 12 p.m.; and Sundays, October 18 and 25, 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/.) Page 12 Hawai‘i County Council-23 October 7, 2015 UPCOMING MEETINGS TUESDAY, OCTOBER 20, 2015 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, OCTOBER 21, 2015 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A TUESDAY, NOVEMBER 3, 2015 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, NOVEMBER 4, 2015 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 13