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Home My WebLink AboutAGE COUNCIL 02/17/2016 2014-2016 DRU MAMO KANUHA of M„ ' AARON S. Y. CHUNG Chair and Presiding Officer MAILE"MEDEIROS”DAVID .iN\.'!►:,#: t KAREN EOFF VALERIE T. POINDEXTER •'="'" - ' : GREGGOR ILAGAN Vice Chair : �:»�''►`'. DENNIS"FRESH"ONISHI '••,TE`OF'H►_'''.=` DANNY PALEKA MARGARET WILLE COUNTY COUNCIL County of Hawai`i Hawai`i County Building r4, 25 Aupuni Street Hilo, Hawai`i 96720 C? 33`d Session ret ORDER OF BUSINESS f•••.) "' CO West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai`i February 17, 2016 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Dean Stanley of Kona Baptist 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-33 February 17, 2016 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 January 23, 2015 February 18, 2015 April 1, 2015 COMMUNICATIONS Comm. 647: REPORT BY COUNCIL MEMBER MAILE DAVID OF HER AND OTHER COUNCIL MEMBERS’ ATTENDANCE AT THE JANUARY 11, 2016, MEETING OF THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION ORDER OF RESOLUTIONS Res. 374-16: ACCEPTS THE DEDICATION OF ROAD LOT A (ANIANI STREET, A 50-FOOT WIDE RIGHT-OF-WAY ALONG WITH TWO DRYWELLS), BEING A PORTION OF GRANT 2030 TO KAIAKOILI, TAX MAP KEY: 7-3-019:037, SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND OF HAWAI‘I, FROM 4.10 HAWAI‘I LAND PARTNERSHIP, A HAWAI‘I GENERAL PARTNERSHIP The lot contains an area of approximately 16,981 square feet and would be used for roadway purposes. Reference: Comm. 633 Intr. by: Ms. Poindexter Approve: PWPRC-26 Page 2 Hawai‘i County Council-33 February 17, 2016 Res. 376-16: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF TAX MAP KEY: 2-4-019:127 (PORTION), SITUATED AT WAIĀKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAI‘I, FOR THE KAWAILANI STREET IMPROVEMENTS PROJECT (‘IWALANI STREET TO POHAKULANI STREET) Authorizes the acquisition of a portion of the property described in Exhibit “1” and delineated in Exhibit “2”, to realign Ainaola Drive, widen Kawailani Street and some of the feeder streets, and install traffic signals at the intersections of Kawailani and ‘Iwalani Streets, and Kawailani Street and Ainaola Drive. Reference: Comm. 639 Intr. by: Ms. Poindexter Approve: PWPRC-27 Note: First of two required readings, Section 101-13, Hawai‘i Revised Statutes Res. 379-16: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE PEOPLE’S ADVOCACY FOR TRAILS HAWAI‘I (PATH) Funds in the amount of $250,000 would be used by PATH to develop, implement, and manage the Bike Share pilot program. Reference: Comm. 644 Intr. by: Ms. Eoff Approve: FC-48 Res. 381-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO CONSTRUCT A BUS SHELTER AT NĀ KAHUĀ HALE O OLU WINI Transfers $10,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Mass Transit Agency, Other Current Expenses account. Reference: Comm. 648 Intr. by: Ms. Eoff Page 3 Hawai‘i County Council-33 February 17, 2016 Res. 382-16: 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 HAWAIʻI COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS Transfers $3,500 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 649 Intr. by: Ms. Eoff Res. 383-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIʻI COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL DISTRICT 7 Transfers $3,500 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 650 Intr. by: Mr. Kanuha Res. 384-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIʻI COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID AND SUPPLIES TO CONTROL THE COQUI FROG INFESTATION Transfers $4,450 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 651 Intr. by: Ms. David Page 4 Hawai‘i County Council-33 February 17, 2016 Res. 385-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE SMOKE DETECTOR PROGRAM Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Hawai‘i Fire Department, Fire Prevention Other Current Expenses account. Funds would be used to purchase and install smoke detectors in Hāmākua. Reference: Comm. 653 Intr. by: Ms. Poindexter Res. 386-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PAʻA PONO MILOLIʻI TO ASSIST MILOLIʻI FISHING VILLAGE WITH ADDRESSING THE DENGUE OUTBREAK Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Civil Defense Agency, Other Current Expenses account. Reference: Comm. 655 Intr. by: Mr. Chung Res. 387-16: 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 ASSIST WITH THE PURCHASE OF LAPTOPS AND SOFTWARE TO IMPROVE PATIENT CARE Transfers $3,250 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 656 Intr. by: Ms. David Page 5 Hawai‘i County Council-33 February 17, 2016 Res. 388-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PAY FOR A SIGN/ROCK WALL ENTRYWAY AND PICNIC TABLES AT NĀ KAHUĀ HALE O ULU WINI Transfers $13,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Office of Housing and Community Development, Transfer to Housing Fund account. Reference: Comm. 657 Intr. by: Ms. Eoff Res. 389-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE HIGH SCHOOL GRAD FOR PROJECT GRADUATION 2016 Transfers $3,700 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. Reference: Comm. 658 Intr. by: Ms. Eoff Res. 390-16: 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 WAVE RIDERS AGAINST DRUGS FOR THE BIG ISLAND COMMUNITY BEACH CLEANUP Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. Reference: Comm. 659 Intr. by: Ms. Eoff Page 6 Hawai‘i County Council-33 February 17, 2016 Res. 391-16: 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 KEAUKAHA COMMUNITY ASSOCIATION FOR THE KEAUKAHA ELEMENTARY SCHOOL’S PRESCHOOL PROGRAM Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 660 Intr. by: Mr. Onishi Res. 393-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF DEFENSE, STATE OF HAWAI‘I EMERGENCY MANAGEMENT AGENCY Funds in the amount of $60,705.50 would be used to prepare an updated multi-hazard mitigation plan. Reference: Comm. 665 Intr. by: Ms. Eoff Waived: FC Res. 394-16: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ONE ICE MACHINE TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Isemoto Contracting Company, Ltd., and valued at $8,292.99 to be used in the Butler Building at the Hoʻolulu Complex Facility. Reference: Comm. 666 Intr. by: Ms. Eoff Waived: FC Res. 395-16: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $200 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by W. H. Shipman, Limited, to offset costs for the purchase of snacks and refreshments for participants of the Department’s Vulcan Baseball Clinic held on January 28, 2016. Reference: Comm. 667 Intr. by: Ms. Eoff Waived: FC Page 7 Hawai‘i County Council-33 February 17, 2016 Res. 396-16: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I, BOARD OF LAND AND NATURAL RESOURCES, AND TO ACCEPT FUNDS FOR THE ACQUISITION OF TAX MAP KEY NO. 1-4-002:022, WAIʻOPAE (FKA VACATIONLAND LAND TRUST), DISTRICT OF PUNA, ISLAND OF HAWAI‘I Funds in the amount of $1,330,000 would be used for the acquisition of Waiʻopae, comprised of 322.167 acres of total land (258.396 acres of which are usable) to increase public access to the shoreline, increase educational opportunities, preserve and restore native habitat, and protect the Waiʻopae Tidepools Marine Life Conservation District. Reference: Comm. 668 Intr. by: Mr. Ilagan Waived: FC Res. 397-16: 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 ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement for a multi-function copy machine, at an approximate cost of $2,640 per year. Reference: Comm. 669 Intr. by: Ms. Eoff Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 129: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – THREE ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL – ONE ACRE (RA-1a) AT PANAʻEWA HOUSE LOTS, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-052:027 (Applicant: Brad McClary) (Area: 2.73 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to apply for the subdivision of the property into two lots. The applicant states that he plans to build a single- family dwelling on the newly created lot to be used as a home for his elderly relatives. Reference: Comm. 615 Intr. by: Mr. Ilagan (B/R) Approve: PC-46 Page 8 Hawai‘i County Council-33 February 17, 2016 Bill 130: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI‘I, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT KĀNEHOA SUBDIVISION, SOUTH KOHALA, HAWAI‘I, COVERED BY TAX MAP KEY: 6-2-009:013 (Applicants: Kurt Shively and Jason Shively) (Area: approximately 5.497 acres) Reference: Comm. 616 Intr. by: Mr. Ilagan (B/R) Approve: PC-47 ; and Bill 131: AMENDS SECTION 25-8-7 (NORTH AND SOUTH KOHALA 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 – FIVE ACRES (A-5a) TO RESIDENTIAL AND AGRICULTURAL – TWO ACRES (RA-2a) AT KĀNEHOA SUBDIVISION, SOUTH KOHALA, HAWAIʻI, COVERED BY TAX MAP KEY: 6-2-009:013 The Leeward Planning Commission forwards its favorable recommendation for this State Land Use boundary amendment and change of zone, which would allow the applicants to apply for the subdivision of the property into two lots. The applicants state that they plan to build a single-family dwelling for their daughter on the newly created lot. Approve: PC-48 Bill 137: 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 account ($250,000); and appropriates the same to the Bicycle Education Program account. Funds would be used by the Department of Research and Development for its Bike Share pilot project. Reference: Comm. 643 Intr. by: Ms. Eoff Approve: FC-49 Page 9 Hawai‘i County Council-33 February 17, 2016 Bill 141: 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 – Multi-Hazard Mitigation account ($60,705.50); and appropriates the same to the Multi-Hazard Mitigation account. Funds would be used to prepare an updated multi-hazard mitigation plan. Reference: Comm. 665 Intr. by: Ms. Eoff Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) REPORTS PC-43: NOMINATION OF JULIA ANN ALOS TO THE SOUTH KOHALA (Comm. 628) COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE PC-44: NOMINATION OF MARK S. GORDON TO THE SOUTH KOHALA (Comm. 628) COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE PC-45: NOMINATION OF CHARLES R. CARTWRIGHT TO THE KAILUA (Comm. 636) VILLAGE DESIGN COMMISSION PSMTC-10: NOMINATION OF JAK HU TO THE POLICE COMMISSION (Comm. 629) PSMTC-11: NOMINATION OF MARCELLA R. ST. AMBROGIO TO THE FIRE (Comm. 630) COMMISSION PSMTC-12: NOMINATION OF SCOTT R. SUSMAN TO THE FIRE COMMISSION (Comm. 630) PSMTC-13: NOMINATION OF RILEY W. SMITH TO THE LIQUOR ADJUDICATION (Comm. 631) BOARD Page 10 Hawai‘i County Council-33 February 17, 2016 PSMTC-14: NOMINATION OF AMY A. BIRCHER TO THE TRANSPORTATION (Comm. 634) COMMISSION PSMTC-15: NOMINATION OF RALPH YAWATA TO THE FIRE COMMISSION (Comm. 635) EMC-5: NOMINATION OF RICHARD H. BENNETT TO THE ENVIRONMENTAL (Comm. 642) MANAGEMENT COMMISSION 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 February 12, 2016 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 Member 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 Members Greggor Ilagan, Dennis “Fresh” Onishi, and Danny Paleka 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 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. Page 11 Hawai‘i County Council-33 February 17, 2016 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. 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 counciltestimony@hawaiicounty.gov. Please submit separate testimony for each item. 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 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, February 24 and March 2, 2016, at 6 p.m.; Fridays, February 26 and March 4, 2016, at 12 p.m.; and Sundays, February 28 and March 6, 2016, 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