The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 03/02/2016 2014-2016 or DRU MAMO KANUHA11.. .M41AARON S. Y.CHUNG Chair and Presiding Officer 6i; , MAILE"MEDEIROS"DAVID • •- KAREN EOFF VALERIE T. POINDEXTER '"' - GREGGOR ILAGAN Vice Chair %i:• '` t .N':1.-.- DENNIS"FRESH"ONISHI arO` DANNY PALEKA MARGARET WILLE COUNTY COUNCIL County of Hawai Hawaii County Building 25 Aupuni Street Hilo, Hawai'i 96720 35th Session ORDER OF BUSINESS V.. Hawai`i County Building 25 Aupuni Street -- Hilo, Hawai`i ____ March 2, 2016 11:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Captain Celestine Ruwethin of Hilo Salvation Army Temple Corps 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-35 March 2, 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 October 15, 2014 January 6, 2016 COMMUNICATIONS Comm. 710: APPOINTMENT OF RANDALL “RANDY” KUROHARA AS MANAGING DIRECTOR From Mayor William P. Kenoi, dated February 23, 2016, submitting for the Council’s review and confirmation the above appointment. Waived: FC ORDER OF RESOLUTIONS Res. 392-16: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR HOUSING (Draft 2) ASSISTANCE PAYMENT CONTRACT (AGREEMENT) WITH MOHOULI SENIOR, PHASE 3, LLLP (PROVIDER), OWNER OF THE MOHOULI HEIGHTS NEIGHBORHOOD PROJECT, PHASE 3 (PROJECT), SELECTED FOR THE SECTION 8 PROJECT-BASED VOUCHER PROGRAM (PBV PROGRAM) AS OFFERED THROUGH A PUBLIC NOTICE DATED AUGUST 16, 23, AND 30, 2015 The purpose of the PBV Program is to encourage property owners to make available rental housing units to low-income families that are not within the current housing fair market rents. The Office of Housing and Community Development would like to assist 30 units in the County under the funding available for this purpose. Reference: Comm. 661.1 Intr. by: Ms. Eoff Approve: FC-50 Page 2 Hawai‘i County Council-35 March 2, 2016 Res. 398-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND SUBSTANCE ABUSE COUNCIL FOR THE 2016 “SPLASH BASH KA‘Ū” IN NĀ‘ĀLEHU Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Liquor Control, Public Programs account. Reference: Comm. 671 Intr. by: Ms. David Res. 399-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BASIC IMAGE, INC., FOR THE 12TH ANNUAL HONOLI‘I & HAKALAU PᾹKA ALOHA HONUA SURFING CLASSIC Transfers $4,800 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. 672 Intr. by: Ms. Poindexter Res. 400-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE PALACE THEATER TO ASSIST IN THE PURCHASE AND INSTALLATION OF PHOTOVOLTAIC PANELS Transfers $25,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Research and Development, Energy account. Reference: Comm. 675 Intr. by: Mr. Chung Page 3 Hawai‘i County Council-35 March 2, 2016 Res. 401-16: 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 ISLAND WORKFORCE AND ECONOMIC DEVELOPMENT ʻOHANA TO DEFRAY MILEAGE COSTS FOR THE “NINE MONTHS: WINDOW OF HOPE” PILOT PROJECT Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Liquor Control, Public Programs account. This pilot project provides prenatal care visits, substance abuse treatment, and counseling services for pregnant women with substance abuse issues. Reference: Comm. 676 Intr. by: Mr. Paleka Res. 402-16: 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 7); and credits to the Liquor Control, Public Programs account. Reference: Comm. 680 Intr. by: Mr. Kanuha Res. 403-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE SHARED-RIDE TAXI COUPONS FOR DISABLED PERSONS THROUGH THE MASS TRANSIT AGENCY Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Mass Transit Agency, Other Current Expenses account. Reference: Comm. 681 Intr. by: Mr. Ilagan Page 4 Hawai‘i County Council-35 March 2, 2016 Res. 404-16: AMENDS RESOLUTION NO. 256-13 BY INCREASING THE COST CAP FOR THE FINAL YEAR OF A MULTI-YEAR AGREEMENT TO PURCHASE SOFTWARE AND LICENSING FOR THE COUNTY EMAIL SYSTEM Increases from $180,000 to $197,749.48 for the final year of the three-year agreement for the County’s total licensing count adjustments and additional licensing to allow for email anti-virus and anti-spam services added by a supplemental agreement. Reference: Comm. 682 Intr. by: Ms. Eoff Waived: FC Res. 416-16: URGES THE HAWAIʻI STATE LEGISLATURE TO PASS SENATE BILL NO. 2933 AND HOUSE BILL NO. 2404 APPROPRIATING FUNDS FOR A FEDERAL INSPECTION STATION AT KONA INTERNATIONAL AIRPORT Funds would be used to replace a structure that no longer meets United States Customs and Border Protection technical standards; provides the state with a second international port of entry. Reference: Comm. 708 Intr. by: Mr. Onishi Waived: GREDC (per Comm. 708.1) BILLS FOR ORDINANCES (FIRST READING) Bill 139: 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 Environmental Management Kealakehe Scrap Metal Yard Remediation - State Revolving Funds (SRF) project for $6 million to the Capital Budget. Funds for this project shall be provided from SRF ($6 million). Funds would be used to excavate lead impacted soil and transport it to the West Hawai‘i Sanitary Landfill for final disposal. This request allows the County to take advantage of the lower interest rates provided by the SRF Loan Program. Reference: Comm. 663 Intr. by: Ms. Eoff Approve: FC-51 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 5 Hawai‘i County Council-35 March 2, 2016 Bill 144: 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 - Housing Choice Voucher Program account ($1,321,500); and appropriates same to the Office of Housing and Community Development’s Voucher Rental Subsidies account. Funds would be used for payment of rental assistance for eligible participants in the program. Reference: Comm. 686 Intr. by: Ms. Eoff Waived: FC (per Comm. 686.1) Bill 145: 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 ($13,000); and appropriates the same to the Office of Housing, Other Current Expenses (Construction of entranceway rock wall sign and purchase of picnic tables, District – 8) account. Reference: Comm. 687 Intr. by: Ms. Eoff Waived: FC Bill 148: 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 – Justice Assistance Grant (JAG) Special Sex Assault Unit account ($8,618); and appropriates the same to the Prosecuting Attorney’s JAG Special Sex Assault Unit account. Reference: Comm. 690 Intr. by: Ms. Eoff Waived: FC Page 6 Hawai‘i County Council-35 March 2, 2016 ORDER OF THE DAY (SECOND OR FINAL READING) 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 First Reading: February 17, 2016 Note: Second of two required readings, Section 101-13, Hawai‘i Revised Statutes 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) First Reading: February 17, 2016 Page 7 Hawai‘i County Council-35 March 2, 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) First Reading: February 17, 2016 ; 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. First Reading: February 17, 2016 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 First Reading: February 17, 2016 Page 8 Hawai‘i County Council-35 March 2, 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 First Reading: February 17, 2016 REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 678: STACY S. K. HIGA, ET AL. VS. COUNTY OF HAWAIʻI, ET AL.; CIVIL NO. 08-1-0293 From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated February 10, 2016, requesting an attorney-client confidential discussion to consult with the Council the above-entitled matter, including settlement discussion. Comm. 679: RONALD DALESSIO AND ROY ATIZ VS. COUNTY OF HAWAIʻI, ET AL.; CIVIL NO. 10-1-0099 From Deputy Corporation Counsel Steven D. Strauss, dated February 11, 2016, requesting an attorney-client confidential discussion to consult with the Council the above-entitled matter, including settlement discussion. 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 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 9 Hawai‘i County Council-35 March 2, 2016 The meeting places are accessible for persons with disabilities. Persons who need special February 29, 2016 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. 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). Page 10 Hawai‘i County Council-35 March 2, 2016 Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, March 9 and 16, 2016, at 6 p.m.; Fridays, March 11 and 18, 2016, at 12 p.m.; and Sundays, March 13 and 20, 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 11