The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 05/17/2016 2014-2016 DRU MAMO KANUHA '"`• °i•"• • • AARON S.Y.CHUNG Chair and Presiding Officer ;P' 11r MAILE"MEDEIROS"DAVID .1,fv f;‘,>-#): KAREN EOFF VALERIE T.POINDEXTER ,"s'� ' GREGGOR ILAGAN Vice Chair • .`. DENNIS"FRESH"ONISHI ':ti ••�.••• DANNY PALEKA MARGARET WILLE COUNTY COUNCIL County of Hawaii Hawai'i County Building 25 Aupuni Street Hilo, Hawai'i 96720 40th Session ;-� ORDER OF BUSINESS Hawai`i County Building • 25 Aupuni Street w _" Hilo, Hawai`i May 17, 2016 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Bob Tominaga of Thy Word Ministries 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-40 May 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 July 18, 2014 May 19, 2015 COMMUNICATIONS Comm. 883: NOMINATION OF MARY BEGIER, SIGMUND ZANE, ELMER GOROSPE, BARRY TANIGUCHI, AND BRIAN DELIMA TO THE BANYAN DRIVE HAWAI‘I REDEVELOPMENT AGENCY From Mayor William P. Kenoi, dated May 4, 2016, submitting for the Council’s review and confirmation the above nominations pursuant to Resolution No. 481-16. Waived: PC ORDER OF RESOLUTIONS Res. 516-16 URGES THE ADMINISTRATIONS OF THE STATE OF HAWAI‘I AND THE (Draft 2): COUNTY OF HAWAI‘I TO TAKE APPROPRIATE STEPS TO PREVENT THE SPREAD OF RAPID ‘ŌHI‘A DEATH Urges the Administration to collaborate with certain State and Federal agencies and Native Hawaiian cultural practitioners to advise, inform, and educate the public about Rapid ‘Ōhi‘a Death. Reference: Comm. 850.2 Intr. by: Mr. Ilagan Approve: AWESC-3 Page 2 Hawai‘i County Council-40 May 17, 2016 Res. 526-16 ACCEPTS THE DONATION FOR PARK PURPOSES OF LOT 2-A-1-A (Draft 2): IDENTIFIED AS TAX MAP KEY: 7-7-008:030, SITUATED AT RDTHST PAHOEHOE 3 AND 4 AND LA‘ALOA 1, NORTH KONA, COUNTY AND STATE OF HAWAI‘I, FROM THE ISLAND OF HAWAI‘I YMCA The parcel consists of approximately 6.365 acres. Reference: Comm. 867.2 Intr. by: Ms. Poindexter Approve: PWPRC-42 Res. 527-16: 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 BROTHERS BIG SISTERS HAWAI‘I FOR EXPENSES RELATING TO A MURAL AT KEA‘AU HIGH SCHOOL Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 877 Intr. by: Mr. Ilagan Res. 528-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO MULTIFUNCTION, LARGE CAPACITY COPIERS FOR THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year lease agreement for two copiers for the Hilo Prosecutor’s Office. Reference: Comm. 880 Intr. by: Ms. Eoff Waived: FC Page 3 Hawai‘i County Council-40 May 17, 2016 BILLS FOR ORDINANCES (FIRST READING) Bill 101 INITIATES AN AMENDMENT TO ARTICLE XIV, SECTION 14-5 OF THE (Draft 2): HAWAIʻI COUNTY CHARTER (2014), RELATING TO THE BOARD OF ETHICS The amendments would: 1) increase membership from five to nine members; 2) decrease member’s term from five to four years; 3) add council district residency requirements; and 4) allow each council member to nominate two persons from his or her council district to serve on the board, from which one would be appointed by the mayor, subject to confirmation by the Council. Reference: Comm. 494.9 Intr. by: Ms. Wille Negative: FC-42 (Due to a vote of 2-ayes, 6-noes, 1-absent) Postponed: December 14, 2015; January 22 and April 6, 2016 2/3 Vote: First of three required readings, Section 15-1(a), Hawai‘i County Charter (Note: There is a motion by Ms. Wille, seconded by Mr. Paleka, to approve Bill 101, Draft 2.) ; and Comm. 494.16: From Council Member Margaret Wille, dated April 28, 2016, requesting Bill 101, Draft 2, be placed on the May 17, 2016, agenda. ; and Comm. 494.17: From Council Member Margaret Wille, dated April 28, 2016, transmitting proposed amendments to Bill 101, Draft 2. Bill 200: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO LOADING ZONES Removes portion of Keawe Street from Schedule 36 (Freight loading zones), Subsection (c), South Hilo. Reference: Comm. 865 Intr. by: Ms. Poindexter Approve: PWPRC-43 Page 4 Hawai‘i County Council-40 May 17, 2016 Bill 201: AMENDS CHAPTER 14, ARTICLE 1, SECTION 14-2 AND SECTION 14-2.1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CONSUMPTION OF INTOXICATING LIQUORS AT PARKS Adds Hawaiian Ocean View Park to Section 14-2 (areas requiring permits for intoxicating liquors between the hours of 10:00 a.m. and 10:00 p.m.) and removes Hawaiian Ocean View Park from Section 14-2.1 (intoxicating liquors allowed between the hours of 6:00 p.m. and 10:00 p.m.). Reference: Comm. 866 Intr. by: Ms. David Approve: PWPRC-44 Bill 207: 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 Parks and Recreation Waiākea Uka Community Center – State project for $600,000 to the Capital Budget. Funds for this project shall be provided from State Grants Receivable ($600,000). Funds would be used for land acquisition and design for a community center in Waiākea Uka. Reference: Comm. 879 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 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 154 INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-2 OF THE (Draft 3): HAWAI‘I COUNTY CHARTER (2014), RELATING TO COUNTY COUNCIL TERMS Amends the term limit for Council Members from four consecutive two-year terms to five consecutive two-year terms. Would take effect on December 5, 2016, and apply to all Council Members elected in the 2016 elections, regardless of how many terms an incumbent Council Member has served. Reference: Comm. 705.15 Intr. by: Ms. Wille First Reading: May 4, 2016 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai‘i County Charter Page 5 Hawai‘i County Council-40 May 17, 2016 Bill 179 AMENDS ARTICLE III, SECTION 3-15 OF THE HAWAI‘I COUNTY (Draft 3): CHARTER (2014), RELATING TO THE GENERAL PLAN Adds and amends language in Section 3-15. Reference: Comm. 794.7 Intr. by: Ms. Wille First Reading: April 20, 2016 Second Reading: May 4, 2016 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai‘i County Charter Bill 185: AMENDS CHAPTER 24, ARTICLE 11, DIVISION 1, SECTION 24-298 AND SECTION 24-300 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS ON PRIVATE STREETS Adds unpaved and portions of unpaved roads to Schedule 2 (15 mile per hour limit), and paved and portions of paved roads to Section 4 (25 mile per hour limit), in the Fern Forest Subdivision, Subsection (g), Puna. Reference: Comm. 807 Intr. by: Mr. Paleka First Reading: May 4, 2016 Bill 186: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255 AND SECTION 24-257 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Revises Schedule 3 (25 mile per hour limit) and Schedule 5 (35 mile per hour limit) Subsection (g), Puna, to increase the speed limit from 25 to 35 miles per hour for a portion of Ainaloa Boulevard. Reference: Comm. 809 Intr. by: Mr. Paleka First Reading: May 4, 2016 Page 6 Hawai‘i County Council-40 May 17, 2016 Bill 187: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALING ORDINANCE NO. 15-59 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2016 Reference: Comm. 810 Intr. by: Ms. Eoff First Reading: May 4, 2016 Bill 196: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of general obligation bonds, not to exceed $10.6 million, for public improvement projects authorized under Ordinance No. 15-58, the capital budget ordinance for the fiscal year ending June 30, 2016. Reference: Comm. 855 Intr. by: Ms. Eoff First Reading: May 4, 2016 Bill 197: 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 Organics Processing Facilities project for $10.5 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 ($10.5 million). Funds would be used to construct a full-scale composting facility at the South Hilo Sanitary Landfill and a receiving and processing facility at the West Hawai‘i Sanitary Landfill. Reference: Comm. 856 Intr. by: Ms. Eoff First Reading: May 4, 2016 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 7 Hawai‘i County Council-40 May 17, 2016 Bill 198: 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 ($5,000); and appropriates the same to the Signals and Street Lights account. Funds would be used to install two street lights on Puakalo Street in Honoka‘a. Reference: Comm. 857 Intr. by: Ms. Eoff First Reading: May 4, 2016 Bill 199: 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 State Grants – Little Fire Ant (LFA) Pesticide Treatment Voucher Program account ($96,589); and appropriates the same to the LFA Pesticide Treatment Voucher Program account. Funds would be used to reduce, control, and eradicate little fire ants. Reference: Comm. 858 Intr. by: Ms. Eoff First Reading: May 4, 2016 Bill 202: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF $68,000,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I Funds would be used for the Kealakehe Wastewater Treatment Plant R-1 Upgrade project ($54 million) to provide recycled water for irrigation and other non-potable uses, and the Pua Force Main Installation and Rehabilitation project ($14 million) to install a new sewage force main and to rehabilitate the existing sewer force main. Reference: Comm. 872 Intr. by: Ms. Eoff First Reading: May 4, 2016 Page 8 Hawai‘i County Council-40 May 17, 2016 Bill 203: 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 State Grants – Aloha United Way account ($150,000); and appropriates the same to the Coordinated Statewide Homeless Initiative account. Funds would be used to assist homeless and at-risk families pay for security deposits, first and last month’s rent and/or utilities. Reference: Comm. 873 Intr. by: Ms. Eoff First Reading: May 4, 2016 REPORTS FC-64 NOMINATION OF GRACE REINHARD TO THE TAX BOARD OF REVIEW (Comm. 868): PC-58 NOMINATION OF NANCY CARR SMITH TO THE LEEWARD PLANNING (Comm. 869): COMMISSION PC-59 NOMINATION OF PERRY H. KEALOHA TO THE LEEWARD PLANNING (Comm. 870): COMMISSION PC-60 NOMINATION OF MARK TRAVALINO TO THE BOARD OF APPEALS (Comm. 871): REFERRALS FOR EXECUTIVE SESSION Comm. 875: STACY CALLAWAY, ET AL. VS. GOZIP, LLC., ET AL.; CIVIL NO. 13-1-0224 (NON-MOTOR VEHICLE TORT) From Deputy Corporation Counsel Steven D. Strauss, dated April 21, 2016, requesting an attorney-client confidential discussion to consult with the Council the above-entitled matter, including settlement discussion. Comm. 881: KITTRENA MORGAN VS. COUNTY OF HAWAIʻI, ET AL.; CIVIL NO. CV 14-00551 SOM-BMK From Deputy Corporation Counsel Christopher P. Schlueter, dated April 28, 2016, requesting an attorney-client confidential discussion to consult with the Council the above-entitled matter, including settlement negotiations. Page 9 Hawai‘i County Council-40 May 17, 2016 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. The meeting places are accessible for persons with disabilities. Persons who need special May 13, 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 and , West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A;  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, due to unanticipated circumstances, the courtesy site is unavailable and/or participation 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. Page 10 Hawai‘i County Council-40 May 17, 2016 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, May 25 and June 1, 2016, at 6 p.m.; Fridays, May 27 and June 3, 2016, at 12 p.m.; and Sundays, May 29 and June 5, 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