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Home My WebLink AboutAGE COUNCIL 06/03/2016 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 43 rd Session ORDER OF BUSINESS Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i June 3, 2016 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Reverend Bryan Siebuhr of Honpa Hongwanji Hilo Betsuin 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-43 June 3, 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 August 6, 2014 February 4, 2015 APPROVED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Poindexter – 1. EXCUSED: None. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 529-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, TO RECEIVE FUNDS FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF THE COUNTY OF HAWAI‘I’S KALANIANAʻOLE AVENUE IMPROVEMENTS PROJECT Accepts grant funds in the amount of $3 million for the State’s portion of the project from Railroad Avenue to Kauhane Avenue in Hilo. Reference: Comm. 891 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Ilagan, Onishi, Paleka, Wille, and Acting Chair Eoff – 7. NOES: None. ABSENT: Council Members Kanuha and Poindexter – 2. EXCUSED: None. Page 2 Hawai‘i County Council-43 June 3, 2016 Res. 531-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF THE AUDITOR, STATE OF HAWAI‘I Agreement would allow the County to request assistance in conducting an audit of the schedule of employer allocations of the Employees’ Retirement System, which is needed for the County’s 2016 financial statements. Reference: Comm. 894 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Acting Chair Poindexter – 8. NOES: None. ABSENT: Council Member Kanuha – 1. EXCUSED: None. Res. 532-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I EMPLOYEES’ RETIREMENT SYSTEM (ERS) Agreement would allow the County to obtain information provided by the ERS actuary needed for the County’s 2016 financial statements. Reference: Comm. 895 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Acting Chair Poindexter – 8. NOES: None. ABSENT: Council Member Kanuha – 1. EXCUSED: None. Page 3 Hawai‘i County Council-43 June 3, 2016 Res. 536-16: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 OF THE HAWAI‘I REVISED STATUTES FOR PHASE 4 OF THE MOHOULI SENIOR AFFORDABLE HOUSING PROJECT IN SOUTH HILO, HAWAI‘I Authorizes exemptions from Total Unit Count restrictions and a change of zoning district classification from Agricultural to Multi-Family Residential to allow development of 32 additional affordable housing units. Reference: Comm. 900 Intr. by: Mr. Ilagan (B/R) Waived: PC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Acting Chair Poindexter – 8. NOES: None. ABSENT: Council Member Kanuha – 1. EXCUSED: None. Res. 537-16: APPROVES THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) FISCAL YEAR 2016-2017 PROPOSED OPERATING BUDGET Requests the Council’s approval of HSAC’s proposed operating budget for Fiscal Year 2016-2017. Reference: Comm. 901 Intr. by: Mr. Onishi Waived: GREDC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Acting Chair Poindexter – 8. NOES: None. ABSENT: Council Member Kanuha – 1. EXCUSED: None. Page 4 Hawai‘i County Council-43 June 3, 2016 Res. 538-16: APPROVES THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) SLATE OF OFFICERS, NOMINEES TO THE NATIONAL ASSOCIATION OF COUNTIES (NACo) BOARD OF DIRECTORS, AND NOMINEES TO THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS FOR FISCAL YEAR 2016-2017 Requests the Council’s approval of the following: 1) slate of HSAC officers and their alternates: Michael P. Victorino, President (Gladys C. Baisa, Alternate), Maui County Council; Dennis “Fresh” Onishi, Vice President (Daniel K. Paleka, Jr., Alternate), Hawai‘i County Council; Mel Rapozo, Secretary (Ross Kagawa, Alternate), Kauaʻi County Council; and J. Ikaika Anderson, Treasurer (Joey Manahan, Alternate), Honolulu City Council; and 2) slate of officers for the NACo and WIR Board of Directors: KipuKai Kualiʻi, Kauaʻi County Council (NACo); J. Ikaika Anderson, Honolulu City Council (NACo); Mike White, Maui County Council (WIR); and Daniel K. Paleka, Jr., Hawaiʻi County Council (WIR). Reference: Comm. 902 Intr. by: Mr. Onishi Waived: GREDC ADOPTED: AYES: Council Members Chung, David, Ilagan, Onishi, Paleka, and Acting Chair Eoff – 6. NOES: Council Member Wille – 1. ABSENT: Council Members Kanuha and Poindexter – 2. EXCUSED: None. Res. 539-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO COVER EXPENSES IN THE HAWAI‘I STATE ASSOCIATION OF COUNTIES/NATIONAL ASSOCIATON OF COUNTIES (HSAC/NACo) ACCOUNT Transfers $4,000 out and from the Clerk-Council Services Other Current Expenses, Miscellaneous Charges account; and credits the same to the HSAC/NACo, Travel/Conferences account. Funds would be used for the Western Interstate Region Conference held in May and monthly HSAC Executive Committee meetings for the remainder of Fiscal Year 2015-2016. Reference: Comm. 903 Intr. by: Mr. Kanuha Waived: FC (Vote on Res. 539-16 is on the next page.) Page 5 Hawai‘i County Council-43 June 3, 2016 ADOPTED: AYES: Council Members Chung, David, Ilagan, Onishi, Paleka, Wille, and Acting Chair Eoff – 7. NOES: None. ABSENT: Council Members Kanuha and Poindexter – 2. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) Bill 140 AMENDS CHAPTER 20, OF THE HAWAI‘I COUNTY CODE 1983 (Draft 2): (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO REDUCTION OF POLYSTYRENE FOAM “STYROFOAM” FOOD CONTAINERS AND FOOD SERVICE WARE Prohibits food vendors from dispensing prepared food in disposable polystyrene food service ware effective July 1, 2018. Exempts ice chest and coolers, County facility users and food vendors with approval by the Environmental Management Director, and County facility users and food vendors procuring supplies during an event declared as an emergency by the Mayor. Reference: Comm. 664.101 Intr. by: Ms. Wille Approve: EMC-6 AMENDED TO DRAFT 3 AND FAILED DUE TO THE FOLLOWING VOTE: AYES: Council Members David, Eoff, Wille, and Acting Chair Poindexter – 4. NOES: Council Members Chung, Ilagan, Onishi, and Paleka – 4. ABSENT: Council Member Kanuha – 1. EXCUSED: None. 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 Approve: PC-61 (Vote on Bill 150, Draft 2, is on the next page.) Page 6 Hawai‘i County Council-43 June 3, 2016 ST PASSED 1 READING: AYES: Council Members David, Onishi, Paleka, Wille, and Acting Chair Eoff – 5. NOES: None. ABSENT: Council Members Chung, Ilagan, Kanuha, and Poindexter – 4. EXCUSED: None. 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 Approve: PWPRC-45 ST PASSED 1 READING: AYES: Council Members Chung, David, Ilagan, Onishi, Paleka, Wille, and Acting Chair Eoff – 7. NOES: None. ABSENT: Council Members Kanuha and Poindexter – 2. EXCUSED: None. Bill 206: AMENDS SECTION 25-8-26 (PĀHOA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO VILLAGE COMMERCIAL –10,000 SQUARE FEET (CV-10) AT NĀNĀWALE HOMESTEADS, PĀHOA, PUNA, HAWAI‘I, COVERED BY TAX MAP KEY: 1-5-011:008 AND 1-5-011:009 (Applicants: David and Charlene Ewing) (Area: Approx. 17,994 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicants to develop a 2,400 square- foot commercial building into an internet coffee shop and retail business complex on Pāhoa Village Road in downtown Pāhoa. Reference: Comm. 876 Intr. by: Mr. Ilagan (B/R) Approve: PC-62 (Vote on Bill 206 is on the next page.) Page 7 Hawai‘i County Council-43 June 3, 2016 REFERRED TO THE PLANNING DEPARTMENT: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Acting Chair Poindexter – 8. NOES: None. ABSENT: Council Member Kanuha – 1. EXCUSED: None. ; and Comm. 876.1: From Council Member Greggor Ilagan, dated May 10, 2016, transmitting proposed amendments to Bill 206. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 101 INITIATES AN AMENDMENT TO ARTICLE XIV, SECTION 14-5 OF THE (Draft 3): 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) allow members initially appointed for a term of less than two years to be eligible for an additional four-year term; and 4) require a minimum of three hearings per year in the windward and leeward areas of the County. Reference: Comm. 494.18 Intr. by: Ms. Wille Postponed: December 14, 2015; January 22 and April 6, 2016 First Reading: May 17, 2016 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai‘i County Charter FAILED DUE TO THE FOLLOWING VOTE: AYES: Council Members David, Eoff, Poindexter, Wille, and Chair Kanuha – 5. NOES: Council Members Chung, Ilagan, Onishi, and Paleka – 4. ABSENT: None. EXCUSED: None. Page 8 Hawai‘i County Council-43 June 3, 2016 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 Postponed: May 17, 2016 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai‘i County Charter (Note: There is a motion by Ms. Wille, seconded by Ms. Poindexter, to approve Bill 154, Draft 3.) FAILED DUE TO THE FOLLOWING VOTE: AYES: None. NOES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. ABSENT: None. EXCUSED: None. (Note: Mr. Kanuha, Ms. Poindexter, and Ms. Wille voted “kānalua” then “no.”) 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 First Reading: May 17, 2016 (Vote on Bill 200 is on the next page.) Page 9 Hawai‘i County Council-43 June 3, 2016 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Ilagan, Onishi, Paleka, Wille, and Acting Chair Eoff – 7. NOES: None. ABSENT: Council Members Kanuha and Poindexter – 2. EXCUSED: None. 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 First Reading: May 17, 2016 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Ilagan, Onishi, Paleka, Wille, and Acting Chair Eoff – 7. NOES: None. ABSENT: Council Members Kanuha and Poindexter – 2. 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 First Reading: May 17, 2016 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter (Vote on Bill 207 is on the next page.) Page 10 Hawai‘i County Council-43 June 3, 2016 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Ilagan, Onishi, Paleka, Wille, and Acting Chair Eoff – 7. NOES: None. ABSENT: Council Members Kanuha and Poindexter – 2. EXCUSED: None. REPORTS 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: 4:01 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 June 1, 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 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. Page 11 Hawai‘i County Council-43 June 3, 2016 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). Viewing of Meetings on Government Access Television - Channel 55: Fridays, June 10 and 17, 2016 (to follow the viewing of the June 1, 2016, meeting scheduled to start at 12 p.m.); Sundays, June 12 and 19, 2016 (to follow the viewing of the June 1, 2016, meeting scheduled to start at 9 a.m.); and Wednesdays, June 15 (to follow the viewing of the June 1, 2016, meeting scheduled to start at 6 p.m.) and June 22, 2016, at 6 p.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