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Home My WebLink AboutAGE COUNCIL 11/18/2015 2014-2016 DRU MAMO KANUHA �<Y.......... AARON S. Y. CHUNG Chair and Presiding Officer : - ked¢ MAILE"MEDEIROS" DAVID `,'t', // KAREN EOFF VALERIE T. POINDEXTER 7'i GREGGOR ILAGAN Vice Chair +i�:, +,::10. DENNIS"FRESH"ONISHI �r`°F"�� • DANNY PALEKA MARGARET WILLE COUNTY COUNCIL County of Hawai`i Hawai`i County Building v 25 Aupuni Street Hilo, Hawai`i 96720 26th Session -- • - -- ORDER OF BUSINESS .• West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai`i November 18, 2015 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Jason Meechan of Kona Faith Center 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-26 November 18, 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. 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 and November 3, 2015 (Note: There is a pending motion by Ms. David and duly seconded by Mr. Paleka to approve Res. 287-15.) Page 2 Hawai‘i County Council-26 November 18, 2015 Res. 312-15 AUTHORIZES THE ACCEPTANCE OF THE DONATION OF LOT 45, (Draft 2): SITUATED AT KAIWIKI, DISTRICT OF SOUTH HILO, ISLAND OF HAWAI‘I AND STATE OF HAWAI‘I, BEING A PORTION OF TAX MAP KEY: 2-9-004:014 (POR.), FROM KAHUNA FALLS, LLC, DBA KAHUNA FALLS OF MARYLAND, LLC The donation would remedy a County paved road encroaching onto private property. Reference: Comm. 515.2 Intr. by: Ms. Poindexter Approve: PWPRC-18 Res. 320-15: ACCEPTS THE DEDICATION OF ROAD LOTS 50, 51, R-3, R-2-B, 501, 502, 503, 6-C AND 142, BEING A PORTION OF TAX MAP KEY NOS.: 7-3- 060:051 (POR), 7-3-061:053 AND 054, AND 7-3-010:057, SITUATED AT TH KALAOA 5, DISTRICT OF NORTH KONA, ISLAND OF HAWAI‘I, STATE OF HAWAI‘I, FROM TRI INDEX HOLDINGS, INC., A HAWAIʻI CORPORATION The road lots would be used for public roadway purposes. Reference: Comm. 529 Intr. by: Ms. Poindexter Approve: PWPRC-19 Res. 321-15: ACCEPTS THE DEDICATION OF ROAD LOTS 110, 111 AND 509, BEING A PORTION OF TAX MAP KEY NOS.: 7-3-060:051 (POR) AND 7-3-061:053, TH SITUATED AT KALAOA 5, DISTRICT OF NORTH KONA, ISLAND OF HAWAI‘I, STATE OF HAWAI‘I, FROM TRI INDEX HOLDINGS, INC., A HAWAIʻI CORPORATION The road lots would be used for public roadway purposes. Reference: Comm. 530 Intr. by: Ms. Poindexter Approve: PWPRC-20 Page 3 Hawai‘i County Council-26 November 18, 2015 Res. 325-15: APPROVES THE HAWAI‘I STATE ASSOCIATION OF COUNTIES’ (HSAC) SLATE OF OFFICERS FOR FISCAL YEAR 2015-2016 This resolution would approve the following HSAC slate of officers: President, Michael P. Victorino (Maui County Council - Gladys Baisa, Alternate); Vice President, Dennis “Fresh” Onishi (Hawai‘i County Council – Daniel K. Paleka Jr., Alternate); Treasurer, J. Ikaika Anderson (Honolulu City Council - Joey Manahan, Alternate); and Secretary, Mel Rapozo (Kauaʻi County Council - Ross Kagawa, Alternate). Reference: Comm. 539 Intr. by: Mr. Onishi Waived: GREDC Res. 329-15: AUTHORIZES THE HAWAI‘I FIRE DEPARTMENT TO AWARD FUNDS TO THE ANEKONA OULI KANEHOA VOLUNTEER FIRE DEPARTMENT (VFD) COMPANY A grant of $40,000 would be provided to the Anekona Ouli Kanehoa VFD Company to develop and implement a volunteer fire station in Kamuela. Reference: Comm. 543 Intr. by: Ms. Eoff Waived: FC Res. 330-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF TRANSPORTATION, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAI‘I COUNTY POLICE DEPARTMENT Funds of $200,000 would be used by the Police Department to purchase a Leica Scan Station PS30, accessories, and training, which will reduce the time it takes to reopen a roadway after a fatality investigation and improve the completeness, consistency and accuracy of the Motor Vehicle Accident Report Diagram in fatal Motor Vehicle Collision reports. Reference: Comm. 544 Intr. by: Ms. Eoff Waived: FC Page 4 Hawai‘i County Council-26 November 18, 2015 Res. 331-15: 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 NATIONAL GUARD YOUTH CHALLENGE ACADEMY FOUNDATION, TO ASSIST WITH EXPENSES RELATED TO TRANSPORTATION FOR THE STARBASE – HAWAI‘I PROGRAM DURING THE 2015-2016 SCHOOL YEAR Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 548 Intr. by: Mr. Ilagan Res. 332-15: 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 FOR EXPENSES RELATING TO THE INAUGURAL SAKADA DAY CELEBRATION Transfers $2,000 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. 550 Intr. by: Mr. Ilagan Res. 333-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SOCIETY FOR KONA’S EDUCATION AND ART TO PAY FOR PROMOTIONAL ADVERTISING AND MATERIALS FOR THE SOUTH KONA CULTURAL EVENTS Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Research and Development, Tourism Promotion account. Funds would be used for promotional advertising and materials for exhibition rooms showcasing Hawaiian quilts and artistry. Reference: Comm. 551 Intr. by: Ms. David Page 5 Hawai‘i County Council-26 November 18, 2015 Res. 334-15: 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 INAUGURAL SAKADA DAY CELEBRATION Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Research and Development, Hawai‘i County Resource Center account. Reference: Comm. 552 Intr. by: Mr. Paleka Res. 335-15: 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 NATIONAL GUARD YOUTH CHALLENGE ACADEMY FOUNDATION, TO ASSIST THE STARBASE HAWAI‘I PROGRAM WITH TRANSPORTATION EXPENSES FOR THE 2015-2016 SCHOOL YEAR Transfers $400 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 555 Intr. by: Mr. Chung Res. 336-15: 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 FOR THE SAKADA DAY CELEBRATION 2015 Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Research and Development, Hawai‘i County Resource Center account. Reference: Comm. 556 Intr. by: Ms. Poindexter Page 6 Hawai‘i County Council-26 November 18, 2015 Res. 340-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR SUBSCRIPTION AGREEMENT WITH THOMPSON REUTERS, WESTLAW Authorizes the Mayor to enter into a five-year subscription agreement for online legal research services and legal print resources for the Office of Corporation Counsel, at an approximate cost of $72,000 per year. Reference: Comm. 560 Intr. by: Ms. Eoff Waived: FC Res. 341-15: 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 NATIONAL GUARD VOLUNTEER SUPPORT ORGANIZATION, INC., TO ASSIST WITH TRANSPORTATION FOR THE HAWAI‘I ISLAND STARBASE PROGRAM DURING THE 2015-2016 SCHOOL YEAR Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 553 Intr. by: Mr. Onishi BILLS FOR ORDINANCES (FIRST READING) Bill 108: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – TWENTY ACRES (A-20a) TO FAMILY TH AGRICULTURAL – ONE ACRE (FA-1a) AT KALAOA 5, NORTH KONA, HAWAIʻI, COVERED BY TAX MAP KEY: 7-3-004:012 (Applicant: Brett W. Ritchie) (Area: Approx. 5.94 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to create a three-lot family agricultural subdivision. The applicant states that the existing dwelling would be demolished and the family would construct three separate residences on lots ranging in size from 1.2 to 3.3 acres. Reference: Comm. 523 Intr. by: Mr. Ilagan (B/R) Approve: PC-34 Page 7 Hawai‘i County Council-26 November 18, 2015 Bill 109: AMENDS ORDINANCE NO. 94-6, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL – 10,000 SQUARE FEET (CG-10) AT WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 2-2-024:008 (Applicant: Eric Hoota) (Area: 26,770 square feet) The Windward Planning Commission forwards its favorable recommendation for this amendment to Ordinance 94-6, which would allow a five-year time extension for an office building to be constructed to accommodate a dental laboratory and financial services. The five-year time extension would commence on the date of the approval of this amendment. Reference: Comm. 524 Intr. by: Mr. Ilagan (B/R) Approve: PC-35 Bill 110: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL – 20,000 SQUARE FEET (CN-20) AT WAIĀKEA HOUSE LOTS SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 2-2-034:083 (Applicant: Nimr Tamimi) (Area: Apprx. 22,000 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to construct a 6,300 square foot building for the new location of Atebara Chips and Hawaiʻi Island Gourmet, and tenant space for other businesses. Reference: Comm. 525 Intr. by: Mr. Ilagan (B/R) Approve: PC-36 Bill 113: 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 – Hawai‘i County Police Department (HCPD) Leica Scan Station account ($200,000); and appropriates the same to the HCPD Leica Scan Station account. Funds would be used by the Police Department to purchase a Leica Scan Station PS30, accessories, and training, which will reduce the time it takes to reopen a roadway after a fatality investigation and improve fatal motor vehicle collision reports. Reference: Comm. 544 Intr. by: Ms. Eoff Waived: FC Page 8 Hawai‘i County Council-26 November 18, 2015 Bill 114: 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) Traffic Investigation Program account ($8,700); and appropriates the same to the HCPD Traffic Investigation Program Grant account. Funds would be used with existing funds to increase the number of officers trained in traffic crash reconstruction, other traffic crash related courses, and additional funding for a Crash Data Retrieval Unit. Reference: Comm. 545 Intr. by: Ms. Eoff Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 100 AMENDS CHAPTER 20, ARTICLE 5, SECTIONS 20-50 AND 20-52 OF (Draft 2): 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. 493.2 Intr. by: Ms. Wille First Reading: 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 First Reading: November 3, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 9 Hawai‘i County Council-26 November 18, 2015 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 First Reading: November 3, 2015 REPORTS PC-33 NOMINATION OF BENJAMIN N. NEY TO THE NORTH KOHALA (Comm. 522): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Financial Report: Monthly Budget Status Report for the Month Ended June 30, 2015, from the Department of Finance. 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. Page 10 Hawai‘i County Council-26 November 18, 2015 The meeting places are accessible for persons with disabilities. Persons who need special November 16, 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:  Hilo Council Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401. (Pursuant to HRS §92-7 and Council Rule No. 2, Council Member Aaron Chung will be participating from the Hilo Council Chambers.) Public attendance via videoconference will be available at the Hilo location. Public attendance via courtesy site is also available at the following locations 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 location until public testimony has been completed or 4:30 p.m., whichever comes first:  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 . Page 11 Hawai‘i County Council-26 November 18, 2015 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 25 and December 2, 2015, at 6:00 p.m.; Fridays, November 27 and December 4, 2015, at 12:00 p.m.; and Sundays, November 29 and December 6, 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/.) Page 12