HomeMy WebLinkAboutAGE COUNCIL 11/03/2015 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
25 th Session
ORDER OF BUSINESS
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i
November 3, 2015
9:00 a.m.
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
INVOCATION Pastor Bob Tominaga of Thy Word Ministries
CALL TO ORDER 9:03 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-25 November 3, 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. 268-15 ENLISTS THE COUNTY OF HAWAI‘I IN THE STEPPING UP INITIATIVE
(Draft 2): TO REDUCE THE NUMBER OF PERSONS WITH MENTAL ILLNESSES IN
HAWAI‘I COMMUNITY CORRECTIONAL CENTER
Urges the Hawai‘i Police Department, the Office of the Prosecuting Attorney, the
Hawai‘i State Judiciary, and the Office of the Public Defender to work with the
State of Hawai‘i Directors of Public Safety and Public Health to reduce the
number of persons with mental illnesses that are incarcerated, in support of the
Stepping Up Initiative.
Reference: Comm. 448.6
Intr. by: Mr. Ilagan
Approve: PSMTC-5
AMENDED TO DRAFT 3 AND ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 2
Hawai‘i County Council-25 November 3, 2015
Res. 283-15: NOMINATES ENTERPRISE ZONES FOR CONSIDERATION AND
DESIGNATION BY THE GOVERNOR OF THE STATE OF HAWAI‘I
Requests the Governor designate four new Enterprise Zones in Hawai‘i County,
which would provide tax incentives intended to foster economic development and
generate employment. The proposed designations, delineated in exhibits to the
resolution, are Hāmākua, Hilo-Puna, Kona, and Ka‘ū.
Reference: Comm. 471
Intr. by: Mr. Onishi
Approve: GREDC-2
Postponed: October 20, 2015
(Note: There is a pending motion by Mr. Onishi and duly seconded by
Mr. Paleka to approve Resolution No. 283-15.)
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, and Chair Kanuha – 8.
NOES: Council Member Wille – 1.
ABSENT: None.
EXCUSED: None.
Res. 287-15: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY 9-5-012:005
SITUATED IN THE DISTRICT OF KA‘Ū, ALSO KNOWN AS KAHUA
‘OLOHŪ, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND
NATURAL RESOURCES PRESERVATION FUND
The 13 acre Kahua ‘Olohū property is listed as a key priority for purchase in the
2014 Annual Report of the Public Access, Open Space, and Natural Resources
Preservation Commission for its historical significance and cultural importance.
Reference: Comm. 476
Intr. by: Ms. David
Approve: FC-37
Postponed: October 20, 2015
(Note: There is a pending motion by Ms. David and duly seconded by
Mr. Paleka to approve Resolution No. 287-15.)
POSTPONED TO THE NOVEMBER 18, 2015, COUNCIL MEETING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 3
Hawai‘i County Council-25 November 3, 2015
Res. 310-15: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO
AWARD FUNDS TO KAILAPA COMMUNITY ASSOCIATION
A grant of $71,000 would be provided to the Kailapa Community Association to
help with funding for a community park and playground.
Reference: Comm. 509
Intr. by: Ms. Eoff
Approve: FC-38
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 311-15: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS,
PURSUANT TO SECTION 201H-38 OF THE HAWAIʻI REVISED STATUTES
FOR THE PROPOSED MOHOULI HEIGHTS SENIOR NEIGHBORHOOD
PROJECT PHASES II AND III, IN SOUTH HILO, HAWAIʻI,
TAX MAP KEY: 2-4-001:184
Hawaiʻi Island Development Corporation seeks exemptions from agricultural
zoning requirements to allow for multi-family residential units so that it may
continue construction of its affordable housing program for seniors.
Reference: Comm. 514
Intr. by: Ms. David (B/R)
Approve: HSSSC-1
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 4
Hawai‘i County Council-25 November 3, 2015
Res. 314-15: 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 BIG ISLAND LIONS FOUNDATION TO EXPAND CHILDREN VISION
SCREENING SERVICES IN PUNA
Transfers $5,830 from the Clerk-Council Services – Contingency Relief account
(Council District 4); and credits to the Research and Development, Hawai‘i
County Resource Center account.
Reference: Comm. 517
Intr. by: Mr. Ilagan
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 315-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE USE OF SPECIAL DUTY
OFFICERS DURING THE 2015 PĀHOA HOLIDAY PARADE
Transfers $333 from the Clerk-Council Services – Contingency Relief account
(Council District 5); and credits to the Police Special Duty, Other Current
Expenses account.
Reference: Comm. 518
Intr. by: Mr. Paleka
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 5
Hawai‘i County Council-25 November 3, 2015
Res. 316-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
KA HALE O NA KEIKI PRESCHOOL FOR COMPUTER EQUIPMENT AND
A SITE VISIT TO THE RICHARDSON’S BEACH PARK OCEAN CENTER
Transfers $3,200 from the Clerk-Council Services – Contingency Relief account
(Council District 1); and credits to the Parks and Recreation Administration, Other
Current Expenses account.
Reference: Comm. 519
Intr. by: Ms. Poindexter
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 317-15: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT
COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2015 HAWAI‘I
ISLAND VETERANS DAY PARADE
Transfers $1,000 from the Clerk-Council Services – Contingency Relief account
(Council District 5); and credits to the Prosecuting Attorney, Other Current
Expenses account.
Reference: Comm. 520
Intr. by: Mr. Paleka
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 6
Hawai‘i County Council-25 November 3, 2015
Res. 318-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO ASSIST THE MASS TRANSIT
AGENCY WITH TRANSPORTING WEST HAWAI‘I KUPUNA CLIENTS
OF ALU LIKE, INC., FOR AN ALL-DAY EXCURSION
Transfers $800 from the Clerk-Council Services – Contingency Relief account
(Council District 8); and credits to the Mass Transit Agency, Other Current
Expenses account. Funds would be used for a trip to Waimea and Kohala.
Reference: Comm. 526
Intr. by: Ms. Eoff
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 319-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
HOSPICE OF HILO TO PURCHASE LAPTOPS AND SOFTWARE TO
IMPROVE PATIENT CARE
Transfers $8,000 from the Clerk-Council Services – Contingency Relief account
(Council District 2); and credits to the Research and Development, Hawai‘i
County Resource Center account.
Reference: Comm. 527
Intr. by: Mr. Chung
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 7
Hawai‘i County Council-25 November 3, 2015
Res. 322-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT
OF RESEARCH AND DEVELOPMENT
Authorizes the Mayor to enter into a five-year lease agreement for a multi-function
copy machine for the Kona Office, at an approximate cost of $1,545 per year.
Reference: Comm. 531
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. 323-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE,
PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7,
FOR A JUSTICE ASSISTANCE GRANT TO THE HAWAI‘I COUNTY
POLICE DEPARTMENT
Funds of $92,825 would be used by the Police Department to purchase equipment
and related technology to assist in tracking and managing accreditation files, a
microfilm conservation project, and the installation of a security door system for
its Criminal Investigation Division.
Reference: Comm. 533
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.
Page 8
Hawai‘i County Council-25 November 3, 2015
Res. 324-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
ʻAHA PŪNANA LEO, INC., TO ASSIST WITH EXPENSES RELATED
TO ʻOHANA NIGHTS AT KE KULA ʻO NĀWAHĪOKALANIʻŌPUʻU
CHARTER SCHOOL
Transfers $15,000 from the Clerk-Council Services – Contingency Relief account
(Council District 5); and credits to the Liquor Control, Public Programs account.
Reference: Comm. 537
Intr. by: Mr. Paleka
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
BILLS FOR ORDINANCES (FIRST READING)
Bill 100: AMENDS CHAPTER 20, ARTICLE 5, SECTIONS 20-50 AND 20-52 OF
THE HAWAIʻI COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO REFUSE
Amendments would allow for the transport of refuse from transfer stations to the
non-designated landfill if doing so would avoid penalty fees, help to meet
minimum volumes to qualify for discounted fees, or if the designated landfill is
under repair.
Reference: Comm. 493
Intr. by: Ms. Wille
Approve: EMC-4
ST
AMENDED TO DRAFT 2 AND 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 9
Hawai‘i County Council-25 November 3, 2015
Bill 111: 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 Mass Transit Maintenance and Baseyard Facility –
County project for $2 million to the Capital Budget. Funds for this project shall be
provided from General Obligation Bonds, Capital Projects Fund – Fund Balance
and/or other Sources ($2 million). Funds would be added to previously
appropriated funds to cover higher than expected costs for the construction of the
facility.
Reference: Comm. 532
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, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Bill 112: 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 – Justice Assistance Grant account
($92,825); and appropriates the same to the Justice Assistance Grant account.
Funds would be used by the Police Department to purchase equipment and related
technology to assist in tracking and managing accreditation files, a microfilm
conservation project, and the installation of a security door system for its Criminal
Investigation Division.
Reference: Comm. 533
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-25 November 3, 2015
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 37 AMENDS CHAPTER 2, ARTICLE 15, OF THE HAWAI‘I COUNTY CODE
(Draft 5): 1983 (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 to allow 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, to enter into a
contract with a County agency, provided disclosure and approval provisions have
been satisfied; 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 – amends provision to allow the County to enter into
contracts with officers or employees of the County, or any business where an
immediate family member of an officer or employee has a controlling interest,
provided disclosure and approval provisions have been satisfied.
Reference: Comm. 231.22
Intr. by: Ms. Wille
First Reading: October 20, 2015
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 11
Hawai‘i County Council-25 November 3, 2015
Bill 91: AMENDS ORDINANCE NO. 05-74 WHICH RECLASSIFIED LANDS FROM
AGRICULTURAL – 1 ACRE (A-1a) AND RESORT-HOTEL – 1,250 SQUARE
FEET (V-1.25) TO MULTIPLE FAMILY RESIDENTIAL – 2,500 SQUARE
ST
FEET (RM-2.5) AT AUHAUKEAE 1, NORTH KONA, HAWAI‘I,
COVERED BY TMK 7-5-009:067 (PREVIOUSLY INCLUDED A PORTION
OF PARCEL 54) (Applicant: Kukui Development, LLC) (Area: 6.27 Acres)
The Leeward Planning Commission forwards its favorable recommendation for
this amendment, which would allow a ten-year time extension to Condition C,
time to complete construction.
Reference: Comm. 467
Intr. by: Mr. Ilagan (B/R)
First Reading: October 20, 2015
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Bill 92: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL – TWENTY ACRES (A˗20a) TO
AGRICULTURAL – SEVEN ACRES (A-7a) AT KALOKO, NORTH KONA,
HAWAI‘I, COVERED BY TMK: 7-3-026:003 (Applicant: Jean A. Lorant Trust)
(Area: 21.095 acres)
The Leeward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to subdivide the property
into two parcels. The applicant states that these lots are intended to be
residential/agricultural lots for the respective successors of the trust.
Reference: Comm. 468
Intr. by: Mr. Ilagan (B/R)
First Reading: October 20, 2015
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 12
Hawai‘i County Council-25 November 3, 2015
Bill 93: AMENDS SECTION 25-8-33 (CITY OF HILO AREA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY
CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL – TWENTY ACRES (A-20a) TO
FAMILY AGRICULTURAL – THREE ACRES (FA-3a) AT KAŪMANA
HOMESTEADS, SOUTH HILO, HAWAI‘I, COVERED BY TMK: 2-5-003:024
(Applicants: Mark and Kim Rodrigues) (Area: 25.003 acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to subdivide the property into
five parcels. The applicants stated they intend to retain two lots and convey the
remaining three lots to their three children.
Reference: Comm. 473
Intr. by: Mr. Ilagan (B/R)
First Reading: October 20, 2015
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Bill 94: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
PARKING
Adds portion of Kalawa Street to Schedule 28 (No parking at anytime), Subsection
(f), Kona.
Reference: Comm. 477
Intr. by: Ms. Poindexter
First Reading: October 20, 2015
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 13
Hawai‘i County Council-25 November 3, 2015
Bill 95: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
SPEED LIMITS
Amends provision in Schedule 5 (35 mph limit) and adds provision to
Schedule 3 (25 mph limit), both for portions of Kawailani Street, Subsection (c),
South Hilo, to relocate a 35 mph speed limit sign to allow for a future driveway.
Reference: Comm. 478
Intr. by: Ms. Poindexter
First Reading: October 20, 2015
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Bill 103: 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 – State Homeland Security Program Fiscal
Year (FY) 2015 account ($360,000); and appropriates the same to the State
Homeland Security Program FY 2015 account. Funds would be used with existing
funds towards the purchase of specialized equipment to enhance the capability of
state and county agencies to prevent and respond to incidents of terrorism and other
hazards.
Reference: Comm. 497
Intr. by: Ms. Eoff
First Reading: October 20, 2015
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 14
Hawai‘i County Council-25 November 3, 2015
Bill 104: 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 Fund Balance From Previous Year – Designated
account ($6.64); and appropriates the same to the Kohala Ranch Project 4 account.
The funds would be maintained separately and expended in accordance to the
requirements of their respective housing agreements.
Reference: Comm. 498
Intr. by: Ms. Eoff
First Reading: October 20, 2015
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Bill 105: 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 – Department of Health (DOH) Complete
Streets-Federal Grant account ($35,000); and appropriates the same to the DOH
Complete Streets-Federal Grant account. Funds would be used with existing funds
to allow staff within the Planning Department to attend Complete Streets training.
Reference: Comm. 510
Intr. by: Ms. Eoff
First Reading: October 20, 2015
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 15
Hawai‘i County Council-25 November 3, 2015
Bill 106: 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 Haihai Fire Station (Kawailani Station Replacement) project for
$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 ($6 million). Funds would be used to replace the current facility, which
will be negatively affected by Kawailani Street road improvements.
Reference: Comm. 511
Intr. by: Ms. Eoff
First Reading: October 20, 2015
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai‘i County Charter
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 107: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
PARKING
Adds portions of Manini Beach Road, Kahauloa Street, and Kahauloa Road, to
Section 24-280, Schedule 28, (No parking at anytime), Subsection (f), Kona, to
address a concern that cars are parking in this heavily used beach area in places
too narrow for parking.
Reference: Comm. 513
Intr. by: Ms. Poindexter
First Reading: October 20, 2015
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 16
Hawai‘i County Council-25 November 3, 2015
REPORTS
PC-31 NOMINATION OF KRISTEN L. DIRKS AH SAM TO THE NORTH KOHALA
(Comm. 512): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
APPROVED KRISTEN L. DIRKS AH SAM’S NOMINATION:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
PC-32 NOMINATION OF RICHARD L. ELLIOT TO THE NORTH KOHALA
(Comm. 512): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
APPROVED RICHARD L. ELLIOT’S NOMINATION:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
REFERRALS FOR EXECUTIVE SESSION
Comm. 521: CATHERINE SNEYERS, ET AL. VS. COUNTY OF HAWAI‘I, ET AL.;
CIVIL NO. 10-1-0294, THIS CASE WAS APPEALED TO THE
INTERMEDIATE COURT OF APPEALS CAAP-15-0000664
From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated
October 1, 2015, requesting an attorney-client confidential discussion to consult
with the Council the above-entitled matter, including settlement discussion.
APPROVED THE RECOMMENDATION OF CORP. COUNSEL IN SETTLING
THIS CASE:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter,
and Wille – 7.
NOES: Council Members Paleka and Chair Kanuha – 2.
ABSENT: None.
EXCUSED: None.
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Hawai‘i County Council-25 November 3, 2015
Comm. 528: REQUEST TO AUTHORIZE THE HIRING OF LEONG KUNIHIRO
BENTON & BROOKE AS SPECIAL COUNSEL FOR DEPARTMENT OF
HUMAN RESOURCES, HEALTH & SAFETY DIVISION, WORKERS’
COMPENSATION BRANCH
From Corporation Counsel Molly A. Stebbins, dated October 14, 2015, requesting
an attorney-client confidential discussion to consult with the Council the hiring of
special counsel, including pricing information.
AUTHORIZED THE HIRING OF SPECIAL COUNSEL:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, and Chair Kanuha – 8.
NOES: Council Member Wille – 1.
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.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on
agenda items.)
ANNOUNCEMENTS
ADJOURNMENT: 4:19 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
October 30, 2015
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:
Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A.
(Pursuant to HRS §92-7 and Council Rule No. 2, Council Member Karen Eoff will be participating
from the Kona Council Office.)
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Hawai‘i County Council-25 November 3, 2015
Public attendance via videoconference will be available at the Kona location.
Public attendance via courtesy site 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 courtesy site is also available at the following locations until public testimony has
been completed:
Conference Room adjacent to Hisaoka Gymnasium, Kamehameha Park Complex,
54-382 Kamehameha Park Road, Kapa‘au;
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, November 11 and 18, 2015, at 6:00 p.m.; Fridays, November 13 and 20, 2015, at 12:00 p.m.;
and Sundays, November 15 and 22, 2015, at 9:00 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/.)
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Hawai‘i County Council-25 November 3, 2015
UPCOMING MEETINGS
TUESDAY, NOVEMBER 17, 2015
COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER
74-5044 Ane Keohokālole Highway
Building A
WEDNESDAY, NOVEMBER 18, 2015
COUNCIL 9:00 A.M. WEST HAWAI‘I
CIVIC CENTER
74-5044 Ane Keohokālole Highway
Building A
TUESDAY, DECEMBER 1, 2015
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
WEDNESDAY, DECEMBER 2, 2015
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
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