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Home My WebLink AboutAGE COUNCIL 12/02/2015 2014-2016 DRU MAMO KANUHA �`'�O`v".. AARON S. Y. CHUNG Chair and Presiding Officer \ <, MAILE"MEDEIROS" DAVID KAREN EOFF VALERIE T. POINDEXTERr'-- GREGGOR ILAGAN • Vice Chair +rel: � DENNIS"FRESH"ONISHI re.'F."� DANNY PALEKA MARGARET WILLE COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawai`i 96720 27th Session N C) =C1 ORDER OF BUSINESS Hawai`i County Building 25 Aupuni Street .5 Hilo, Hawai`i , ,, December 2, 2015 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Reverend Bryan Siebuhr of Honpa Hongwanji Hilo Betsuin 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-27 December 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. 326-15: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY: 5-3-007:010 KNOWN AS HALELUA IN NORTH KOHALA, PURSUANT TO CHAPTER 2, ARTICLE 42, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) The 50.312-acre property is listed as priority No. 1 for purchase in the 2014 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 540 Intr. by: Ms. Wille Approve: FC-39 Res. 327-15: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEYS: 5-2-007:004 AND 027 AND 5-3-007:22, 023, 026, 032, AND 033 KNOWN AS THE HAPU‘U TO KAPANAI‘A CULTURAL CORRIDORIN NORTH KOHALA, PURSUANT TO CHAPTER 2, ARTICLE 42, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) The seven parcels, totaling 166.684 acres, are listed as priority No. 2 for purchase in the 2014 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 541 Intr. by: Ms. Wille Approve: FC-40 Page 2 Hawai‘i County Council-27 December 2, 2015 Res. 328-15: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEYS: 5-2-001:020 AND 025 KNOWN AS NIULI‘I IN NORTH KOHALA, PURSUANT TO CHAPTER 2, ARTICLE 42, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) The two parcels, consisting of 48.138 acres, are listed as priority No. 3 for purchase in the 2014 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 542 Intr. by: Ms. Wille Approve: FC-41 Res. 338-15: URGES THE HAWAIʻI STATE LEGISLATURE TO AMEND ACT 241, RELATING TO MEDICAL MARIJUANA, TO ADDRESS PRODUCTION CENTERS IN AGRICULTURAL ZONED LANDS AND PROHIBITIONS ON PRIMARY CAREGIVERS As delineated in Exhibit A attached to the resolution, the amendment would allow each county to adopt further regulations relating to where a medical marijuana production center can be located; and would allow a patient’s registered primary caregiver to provide medical marijuana or manufactured marijuana products to one qualifying patient. Reference: Comm. 558 Intr. by: Ms. Wille Approve: GREDC-3 Res. 339-15: URGES THE HAWAIʻI STATE LEGISLATURE TO AMEND ACT 241, RELATING TO MEDICAL MARIJUANA, TO ESTABLISH A COUNTY SALES TAX ON MEDICAL MARIJUANA SOLD AT DISPENSARIES As delineated in Exhibit A attached to the resolution, the amendment would allow each county, by ordinance, to impose a sales tax of up to five percent of the gross sales of any medical marijuana dispensary located within the county, which may be collected on a quarterly or annual basis. Reference: Comm. 559 Intr. by: Ms. Wille Approve: GREDC-4 Page 3 Hawai‘i County Council-27 December 2, 2015 Res. 342-15: 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 FOOD BASKET FOR THE NĀNĀWALE FOOD PANTRY Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Liquor Control, Public Programs account. Reference: Comm. 563 Intr. by: Mr. Ilagan Res. 343-15: 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 FOOD BASKET, INC., TO ASSIST THE BODACIOUS WOMEN OF PĀHOA WITH ITS EMERGENCY FOOD SUPPLY AND NATURAL PREPAREDNESS INVENTORY FOR THE PUNA RESIDENTS Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Liquor Control, Public Programs account. Reference: Comm. 564 Intr. by: Mr. Paleka Res. 344-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR BASEBALL FIELD DUGOUTS AT KAMAKOA NUI PARK Transfers $20,000 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Parks and Recreation, Transfer to Capital Project Fund – G account. Reference: Comm. 565 Intr. by: Ms. Wille Res. 345-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE PIPE GATES FOR THE PETTING ZOO AT THE PANAʻEWA RAINFOREST ZOO AND GARDENS Transfers $4,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Parks and Recreation, Pana‘ewa Zoo, Other Current Expenses account. Reference: Comm. 566 Intr. by: Mr. Chung Page 4 Hawai‘i County Council-27 December 2, 2015 Res. 346-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PA‘AUILO COMMUNITY CHRISTMAS CELEBRATION Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 567 Intr. by: Ms. Poindexter Res. 347-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR “THE SPLENDOR OF CHRISTMAS,” A CHRISTMAS CELEBRATION FOR THE SENIORS IN HĀMĀKUA Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Elderly Activities Division Other Current Expenses account. Reference: Comm. 568 Intr. by: Ms. Poindexter Res. 348-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE FIRE APPARATUS (TANKER TRUCK) FOR THE HAWAI‘I FIRE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for a tanker truck to be assigned to the North Kohala Fire Station, at an approximate cost of $9,500 per month. Reference: Comm. 569 Intr. by: Ms. Eoff Waived: FC Page 5 Hawai‘i County Council-27 December 2, 2015 Res. 349-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE FIRE APPARATUS (FIRE TRUCK) FOR THE HAWAI‘I FIRE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for a fire truck to replace the apparatus assigned to the Waikoloa Fire Station, at an approximate cost of $12,600 per month. Reference: Comm. 570 Intr. by: Ms. Eoff Waived: FC Res. 350-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF PUBLIC SAFETY (DPS), PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, TO DONATE TWO COMPACTING TRAILERS TO THE STATE OF HAWAI‘I DEPARTMENT OF PUBLIC SAFETY Two compacting trailers would be used by the DPS to provide the Kulani Correctional Facility in Hilo with the ability to compact and transport their own rubbish. Reference: Comm. 571 Intr. by: Ms. Eoff Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 115: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Section 24-280 (No parking any time), by revising and repealing existing provisions and adding new provisions for portions of Ali‘i Drive, Subsection (f), Kona. Reference: Comm. 547 Intr. by: Ms. Poindexter Approve: PWPRC-21 Page 6 Hawai‘i County Council-27 December 2, 2015 Bill 117: 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 – HOME Program account ($452,684); and appropriates the same to the Mohouli Heights Senior Neighborhood 2, Hawai‘i Island Community Development Corporation account. Funds would be used by the Office of Housing and Community Development’s HOME Investment Partnerships program to construct the Mohouli Heights Senior Neighborhood Project, Phase II. Reference: Comm. 572 Intr. by: Ms. Eoff Waived: FC Bill 118: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS AND NOTES; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; PROVIDING FOR THE RETIREMENT OF THE BONDS TO BE REFUNDED; AND AUTHORIZING THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE REFUNDING BONDS AND THE RETIREMENT OF THE BONDS TO BE REFUNDED Authorizes the issuance of general obligation refunding bonds, not to exceed $270,230,000, for the purpose of refinancing outstanding County debt in the form of bonds that were issued at higher interest rates. The bonds and obligations that would be refinanced are listed in the bill. Reference: Comm. 573 Intr. by: Ms. Eoff Waived: FC Page 7 Hawai‘i County Council-27 December 2, 2015 ORDER OF THE DAY (SECOND OR FINAL 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) First Reading: 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) First Reading: November 18, 2015 Page 8 Hawai‘i County Council-27 December 2, 2015 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: Approx. 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) First Reading: November 18, 2015 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 First Reading: 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 First Reading: November 18, 2015 Page 9 Hawai‘i County Council-27 December 2, 2015 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 November 30, 2015 accommodations for this meeting should call 961-8255 by . 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 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 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. Page 10 Hawai‘i County Council-27 December 2, 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. 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, December 9 and 16, 2015, at 6 p.m.; Fridays, December 11 and 18, 2015, at 12 p.m.; and Sundays, December 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 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 11