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Home My WebLink AboutAGE COUNCIL 06/15/2016 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 44 th Session ORDER OF BUSINESS West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i June 15, 2016 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Bruce Campbell of Grace Community Church 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-44 June 15, 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 December 1, 2014 June 16, 2015 APPROVED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 530-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR EXTENSION OF LICENSE AGREEMENT FOR REAL PROPERTY TO OPERATE THE KEA‘AU TRANSFER STATION Authorizes a five-year extension to the agreement with W. H. Shipman to utilize land for the Kea‘au Transfer Station. The annual license fee from July 1, 2016, to June 30, 2018, would be $5,000; and from July 1, 2018, to June 30, 2021, would be $7,500. The agreement includes a 5-year option for renewal. Reference: Comm. 893 Intr. by: Ms. Eoff Approve: FC-67 ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 2 Hawai‘i County Council-44 June 15, 2016 Res. 533-16: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A LEASE OF REAL PROPERTY, KAPULENA AGRICULTURE PARK, SITUATED AT HĀMĀKUA, COUNTY AND STATE OF HAWAI‘I, IDENTIFIED AS TAX MAP KEYS: 4-7-006:001 AND 4-7-006:018, TO THE HĀMĀKUA COUNTY FARM BUREAU The approximately 441 acres of property would be used to increase the production of locally raised beef by improving former cane lands and developing a joint cattle grazing entity benefitting multiple cattle owners. Reference: Comm. 896 Intr. by: Ms. Eoff Approve: FC-68 ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 535-16: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEYS: 2-9-002:079 AND 2-9-002:081, ALSO KNOWN AS HĀKĀLAU POINT, SITUATED IN THE DISTRICT OF HĀMĀKUA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The 8.7-acre property is listed as priority No. 3 for purchase in the 2015 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 898 Intr. by: Ms. Poindexter Approve: FC-69 ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 3 Hawai‘i County Council-44 June 15, 2016 Res. 540-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR THREE MULTIFUNCTION, COLOR COPIERS FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for three copiers for the department’s Hilo and Kona offices at a monthly cost of approximately $425 each. Reference: Comm. 904 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) Bill 208: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA 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 ND FAMILY AGRICULTURAL – TWO ACRES (FA-2a) AT KŪKI‘O 2 & MANINI‘ŌWALI, NORTH KONA, HAWAI‘I, COVERED BY TAX MAP KEY: 7-2-004:027 (Applicants: Carl and Christine Carlson) (Area: 5 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicants to subdivide the property into two parcels. The applicants state they would retain a three-acre lot and convey the remaining two-acre lot to their daughter. Reference: Comm. 887 Intr. by: Mr. Ilagan (B/R) Approve: PC-65 ST PASSED 1 READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 4 Hawai‘i County Council-44 June 15, 2016 Bill 209: AMENDS ORDINANCE NO. 03-115, WHICH RECLASSFIED LANDS FROM MULTIPLE FAMILY RESIDENTIAL – 1,000 SQUARE FEET (RM-1) TO VILLAGE COMMERCIAL – 7,500 SQUARE FEET (CV-7.5) AT HONUAULA, NORTH KONA, HAWAI‘I, COVERED BY TAX MAP KEY: 7-5-022:040 (Applicant: Tante Urban) (Area: 7,500 square feet) The Leeward Planning Commission forwards its favorable recommendation for this five-year time extension to Condition C, time to complete construction. The new applicant states he intends to construct a six-unit, multiple-family apartment building with a commercial kitchen on the ground floor. Reference: Comm. 888 Intr. by: Mr. Ilagan (B/R) Approve: PC-66 ST PASSED 1 READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 210: AMENDS ORDINANCE NO. 889 (FORMERLY KAMUELA ZONE MAP, CURRENTLY LALAMILO PUʻUKAPU ZONE MAP), WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – FORTY ACRES (A-40a) TO ND AGRICULTURAL – FIVE ACRES (A-5a) AT PU‘UKAPU HOMESTEADS, 2 SERIES, SOUTH KOHALA, HAWAI‘I, COVERED BY TAX MAP KEYS: 6-4-017:023, 064-067, AND 078 (FORMERLY 6-4-017:023) (Planning Director Initiated) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the Zoning Code, which would delete Conditions C and H removing limiting agricultural use restrictions, and add a new condition to allow the full range of agricultural land uses. Reference: Comm. 889 Intr. by: Mr. Ilagan (B/R) Approve: PC-67 ST PASSED 1 READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 5 Hawai‘i County Council-44 June 15, 2016 Bill 211: AMENDS ARTICLE VI, CHAPTER 2, SECTION 6-2.2, CHAPTER 3, SECTION 6-3.2, CHAPTER 4, SECTION 6-4.2, CHAPTER 5, SECTION 6-5.2, CHAPTER 6, SECTION 6-6.2, CHAPTER 7, SECTION 6-7.2, CHAPTER 8, SECTION 6-8.2, AND CHAPTER 10, SECTION 6-10.3, AND ARTICLE XIII, SECTION 13-8 OF THE HAWAI‘I COUNTY CHARTER (2014), RELATING TO TERMS OF OFFICE FOR DEPARTMENT HEADS IN THE EXECUTIVE BRANCH FOR THOSE AGENCIES UNDER THE MANAGING DIRECTOR Establishes a term of two years for department heads, would be eligible for reappointment at end of term by the Mayor, subject to confirmation by the Council. Reference: Comm. 890 Intr. by: Mr. Chung Approve: GREDC-6 2/3 Vote: First of three required readings, Section 15-1(a), Hawai‘i County Charter POSTPONED TO THE CALL OF THE CHAIR: AYES: Council Members Chung, David, Eoff, Ilagan, Poindexter, and Chair Kanuha – 6. NOES: Council Members Onishi, Paleka, and Wille – 3. ABSENT: None. EXCUSED: None. (Note: Mr. Kanuha voted “kānalua” then “aye.”) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 150 AMENDS CHAPTER 16, ARTICLE 3, SECTION 16-5 OF THE HAWAI‘I (Draft 2): COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE MEMBERSHIP AND TENURE Vacancies would be filled before filling expired positions occupied by members willing to continue serving. Reference: Comm. 694.4 Intr. by: Ms. Wille First Reading: June 3, 2016 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 6 Hawai‘i County Council-44 June 15, 2016 Bill 205: 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 existing provisions and adding new provisions for portions of Ali‘i Drive, Subsection (f), Kona. Reference: Comm. 874 Intr. by: Ms. Poindexter First Reading: June 3, 2016 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. REPORTS PC-63 NOMINATION OF MARK VAN PERNIS TO THE KAILUA VILLAGE (Comm. 885): DESIGN COMMISSION CONFIRMED MARK VAN PERNIS’ NOMINATION: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. PC-64 NOMINATION OF EDDIE K. AKAU TO THE SOUTH KOHALA (Comm. 886): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE CONFIRMED EDDIE K. AKAU’S NOMINATION: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. 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. Page 7 Hawai‘i County Council-44 June 15, 2016 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 11:08 a.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 June 13, 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 Members 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. 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;  Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa‘au; 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 8 Hawai‘i County Council-44 June 15, 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, June 22 (to follow the viewing of the June 3, 2016, meeting scheduled to start at 6 p.m.) and June 29, 2016, at 6 p.m.; Fridays, June 24 and July 1, 2016, at 12 p.m.; and Sundays, June 26 and July 3, 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 9