HomeMy WebLinkAboutAGE COUNCIL 05/17/2016 2014-2016 ACTIONS
DRU MAMO KANUHA AARON S. Y. CHUNG
MAILE “MEDEIROS” DAVID
Chair and Presiding Officer
KAREN EOFF
VALERIE T. POINDEXTER GREGGOR ILAGAN
DENNIS “FRESH” ONISHI
Vice Chair
DANNY PALEKA
MARGARET WILLE
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
40 th Session
ORDER OF BUSINESS
Hawai‘i County Building
25 Aupuni Street
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 9:05 a.m.
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
APPROVED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
May 19, 2015
APPROVED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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
CONFIRMED MARY BEGIER’S NOMINATION:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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Hawai‘i County Council-40 May 17, 2016
CONFIRMED SIGMUND ZANE’S NOMINATION:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
CONFIRMED ELMER GOROSPE’S NOMINATION:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
CONFIRMED BARRY TANIGUCHI’S NOMINATION:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
CONFIRMED BRIAN DELIMA’S NOMINATION:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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
(Vote on Res. 516-16, Draft 2, is on the next page.)
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Hawai‘i County Council-40 May 17, 2016
AMENDED TO DRAFT 3 AND ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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
ADOPTED:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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Hawai‘i County Council-40 May 17, 2016
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
ADOPTED:
AYES: Council Members David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Chung – 1.
EXCUSED: None.
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.)
(Vote on Bill 101, Draft 2, is on the next page.)
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Hawai‘i County Council-40 May 17, 2016
AMENDED TO DRAFT 3 AND PASSED 1 ST OF THREE REQUIRED
READINGS:
AYES: Council Members David, Eoff, Ilagan, Paleka, Poindexter, Wille,
and Chair Kanuha – 7.
NOES: Council Members Chung and Onishi – 2.
ABSENT: None.
EXCUSED: None.
; 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
ST
PASSED 1 READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Poindexter – 1.
EXCUSED: None.
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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
ST
PASSED 1 READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Poindexter – 1.
EXCUSED: None.
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
ST
PASSED 1 READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Poindexter – 1.
EXCUSED: None.
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Hawai‘i County Council-40 May 17, 2016
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
POSTPONED TO THE JUNE 3, 2016, COUNCIL MEETING:
AYES: Council Members David, Eoff, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 7.
NOES: Council Members Chung and Ilagan – 2.
ABSENT: None.
EXCUSED: None.
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
RD
PASSED 3 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka, Wille,
and Chair Kanuha – 7.
NOES: Council Member Onishi – 1.
ABSENT: Council Member Poindexter – 1.
EXCUSED: None.
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Hawai‘i County Council-40 May 17, 2016
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
ND
PASSED 2 AND FINAL READING:
AYES: Council Members David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Chung – 1.
EXCUSED: None.
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
ND
PASSED 2 AND FINAL READING:
AYES: Council Members David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Chung – 1.
EXCUSED: None.
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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
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Poindexter – 1.
EXCUSED: None.
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
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Paleka, Wille,
and Chair Kanuha – 7.
NOES: None.
ABSENT: Council Members Onishi and Poindexter – 2.
EXCUSED: None.
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Hawai‘i County Council-40 May 17, 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
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Poindexter – 1.
EXCUSED: None.
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
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Poindexter – 1.
EXCUSED: None.
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Hawai‘i County Council-40 May 17, 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
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Wille, and Chair Kanuha – 8.
NOES: None.
ABSENT: Council Member Poindexter – 1.
EXCUSED: None.
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
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille,
and Chair Kanuha – 7.
NOES: None.
ABSENT: Council Members Paleka and Poindexter – 2.
EXCUSED: None.
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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
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille,
and Chair Kanuha – 7.
NOES: None.
ABSENT: Council Members Paleka and Poindexter – 2.
EXCUSED: None.
REPORTS
FC-64 NOMINATION OF GRACE REINHARD TO THE TAX BOARD OF REVIEW
(Comm. 868):
CONFIRMED GRACE REINHARD’S NOMINATION:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille,
and Chair Kanuha – 7.
NOES: None.
ABSENT: Council Members Paleka and Poindexter – 2.
EXCUSED: None.
PC-58 NOMINATION OF NANCY CARR SMITH TO THE LEEWARD PLANNING
(Comm. 869): COMMISSION
CONFIRMED NANCY CARR SMITH’S NOMINATION:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille,
and Chair Kanuha – 7.
NOES: None.
ABSENT: Council Members Paleka and Poindexter – 2.
EXCUSED: None.
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Hawai‘i County Council-40 May 17, 2016
PC-59 NOMINATION OF PERRY H. KEALOHA TO THE LEEWARD PLANNING
(Comm. 870): COMMISSION
CONFIRMED PERRY H. KEALOHA’S NOMINATION:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille,
and Chair Kanuha – 7.
NOES: None.
ABSENT: Council Members Paleka and Poindexter – 2.
EXCUSED: None.
PC-60 NOMINATION OF MARK TRAVALINO TO THE BOARD OF APPEALS
(Comm. 871):
CONFIRMED MARK TRAVALINO’S NOMINATION:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille,
and Chair Kanuha – 7.
NOES: None.
ABSENT: Council Members Paleka and Poindexter – 2.
EXCUSED: None.
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.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka,
Poindexter, and Wille – 8.
NOES: Chair Kanuha – 1.
ABSENT: None.
EXCUSED: None.
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.
(Vote on Comm. 881 is on the next page.)
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Hawai‘i County Council-40 May 17, 2016
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter,
and Chair Kanuha – 7.
NOES: Council Member Wille – 1.
ABSENT: None.
EXCUSED: Council Member Paleka – 1.
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: 4:36 p.m.
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.
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Hawai‘i County Council-40 May 17, 2016
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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
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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.
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to videotestimony@hawaiicounty.gov .
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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
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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/.)
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