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Home My WebLink AboutAGE COUNCIL 2017/02/08 2016-2018 VALERIE T. POINDEXTER J�<V oc M�' AARON S.Y. CHUNG Chairn'oman and Presiding Officer ;l \,\11*. MAILE MEDEIROS DAVID •c��'�°s,,'/, c.: DRU MAMO KANUHA KAREN EOFF • - SUSAN L.K. LEE LOY Vice Chair •�,tE•OF•MF'.e.i, - - EILEEN O'HARA HERBERT M. "TIM"RICHARDS,III JENNIFER RUGGLES COUNTY COUNCIL County of Hawaii Kauai`i County Building 25 Aupuni Street Milo, Hawaii 96720 5th Session COUNTY CLERK COUNTY OF HAWAII RECEIVED ORDER OF BUSINESS Time O1 3 BY `taltAY Date FFR 0 2 2 f117 Hawai`i County Building 25 Aupuni Street Hilo, Hawaii February 8, 2017 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Kahu Brian Welsh of Haili Congregational Church 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-5 February 8, 2017 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 February 17, 2016 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 51-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ISLAND UNITED WAY FOR THE PURCHASE OF MATERIALS AND SUPPLIES FOR ITS COMMUNITY OUTREACH INITIATIVE Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Liquor Control, Public Programs account. Reference: Comm. 71 Intr. by: Ms. Lee Loy Res. 52-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ISLAND UNITED WAY FOR EXPENSES RELATING TO ITS COMMUNITY OUTREACH INITIATIVE Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. Reference: Comm. 74 Intr. by: Ms. Eoff Page 2 Hawai‘i County Council-5 February 8, 2017 Res. 53-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO REIMBURSE THE DEPARTMENT OF PARKS AND RECREATION FOR EXPENSES RELATING TO THE 2017 WAIMEA CHERRY BLOSSOM HERITAGE FESTIVAL Transfers $800 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Parks and Recreation, Culture and Education Other Current Expenses account. Reference: Comm. 75 Intr. by: Mr. Richards Res. 54-17: 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 BIG ISLAND DRUG COURT, INC., TO PAY FOR SERVICES FOR PARTICIPANTS OF THE BIG ISLAND DRUG COURT AND BIG ISLAND VETERANS TREATMENT COURT Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 76 Intr. by: Ms. Lee Loy Res. 55-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ISLAND UNITED WAY FOR THE PURCHASE OF MATERIAL AND SUPPLIES FOR ITS COMMUNITY OUTREACH INITIATIVE 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. 77 Intr. by: Ms. David Page 3 Hawai‘i County Council-5 February 8, 2017 Res. 56-17: 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 TO ASSIST WITH EXPENSES ASSOCIATED WITH THE WEST HAWAI‘I COMMUNITY BEACH CLEANUP Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Liquor Control, Public Programs account. Reference: Comm. 78 Intr. by: Ms. David Res. 57-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2017 OUTSTANDING OLDER AMERICANS AWARD LUNCHEON Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 79 Intr. by: Mr. Kanuha Res. 58-17: APPROVES THE NOMINATION OF KAUA‘I COUNTY COUNCIL MEMBER ARRYL KANESHIRO TO THE BOARD OF DIRECTORS OF THE NATIONAL ASSOCIATION OF COUNTIES (NACO) Mr. Kaneshiro’s term would expire on June 30, 2017. Reference: Comm. 80 Intr. by: Mr. Kanuha Waived: GREDC Page 4 Hawai‘i County Council-5 February 8, 2017 Res. 59-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR THE HAWAI‘I COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year lease for Glock firearms and associated equipment that will become the property of the department upon completion of the terms of the lease. Reference: Comm. 84 Intr. by: Ms. David (B/R) Waived: FC Res. 60-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR A WATERBLASTING ERADICATOR TRUCK Authorizes the Mayor to enter into a five-year agreement for a WaterBlasting Eradicator truck at an estimated monthly cost of $5,600. The truck would be used by the Department of Public Works, Traffic Division, to eradicate existing road markings and will become the property of the department upon completion of the terms of the lease. Reference: Comm. 85 Intr. by: Ms. David (B/R) Waived: FC Res. 63-17: ACCEPTS A GRANT OF PUBLIC ACCESS EASEMENT FROM CHARLES A. ANDERSON, TRUSTEE OF THE CHARLES A. ANDERSON TRUST, AND LISA L. ANDERSON, TRUSTEE OF THE LISA L. ANDERSON TRUST, FOR PUBLIC ACCESS PURPOSES Accepts a pedestrian public access easement on real property identified as Tax Map Key: 5-3-006:027, situated at Āinakea, District of North Kohala, County and State ʻ of Hawai‘i, which is described and delineated in the attached Exhibit “1.” ; and Res. 64-17: ACCEPTS A GRANT OF PUBLIC ACCESS EASEMENT FROM THE SURETY KOHALA CORPORATION, FOR VEHICULAR PUBLIC ACCESS PURPOSES Accepts a vehicular public access easement on real property identified as Tax Map Keys: 5-3-007:015 and 5-3-007:016, situated at Halaʻula, Maulili, Pueke, Kukuiwaluhia, Apuakohau, Halelua, and Nāpāpaʻa, District of North Kohala, County and State of Hawai‘i, which is described and delineated in the attached Exhibit “1.” Reference: Comm. 90 Intr. by: Ms. David (B/R) Waived: FC Page 5 Hawai‘i County Council-5 February 8, 2017 BILLS FOR ORDINANCES (FIRST READING) Bill 7: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017 Increases revenues in the Environmental Management Kula‘imano and Pāpa‘ikou Dewatering & Barminutor Replacement project by $2.7 million, bringing the total amount to $3 million. Funds for this project shall be provided from State Revolving Fund ($2.7 million) and would be used for construction. Approve: FC-3 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ; and Bill 8: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017 Adds the Environmental Management Kula‘imano and Pāpa‘ikou Dewatering & Barminutor Replacement project for $300,000 to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($300,000). Funds would be used for project design. Reference: Comm. 64 Intr. by: Ms. David (B/R) Approve: FC-4 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 6 Hawai‘i County Council-5 February 8, 2017 Bill 9: AMENDS ORDINANCE NO. 12-129, WHICH AUTHORIZED THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS AND AUTHORIZED THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I Amends Ordinance No. 12-129 to reflect the change in the monetary amount of $11,322,000 indicated in the ordinance title and Section 1, and in Exhibit A, Draft 2, which has been replaced with a new exhibit labeled as Exhibit A, Draft 3 (Kalaniana‘ole Interceptor Sewer Rehabilitation Phase II ($8,622,000), and Kula‘imano and Pāpa‘ikou Dewatering & Barminutor Replacement ($2,700,000), for a total of $11,322,000). Funds would be used to expand the project scope to include barminutor replacement and other minor system upgrades. Reference: Comm. 65 Intr. by: Ms. David (B/R) Approve: FC-5 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 2: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL – 10,000 SQUARE FEET (CG-10) AT WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 2-2-025:012 (Applicant: Tram Ngo) (Area: 16,911 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to convert an existing two-story residence into a beauty salon and personal services building. Reference: Comm. 17 Intr. by: Ms. Eoff First Reading: January 25, 2017 Page 7 Hawai‘i County Council-5 February 8, 2017 Bill 4: AMENDS THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAIʻI BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KUKUIHAELE, WAIKOEKOE, HĀMĀKUA, HAWAIʻI (TAX MAP KEY: 4-8-006:003) (Planning Director Initiated) (Area: 8,803 square feet) Reference: Comm. 29 Intr. by: Ms. Eoff (B/R) ; and Bill 5 AMENDS SECTION 25-8-15 (HĀMĀKUA DISTRICT MAP), ARTICLE 8, (Draft 2): CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL – 25,000 SQUARE FEET (V-25) AND AGRICULTURAL – FORTY ACRES (A-40a) TO SINGLE FAMILY RESIDENTIAL – TEN ACRES (RS-10a) AND SINGLE FAMILY RESIDENTIAL – FIVE ACRES (RS-5a) AT KUKUIHAELE, WAIKOEKOE, HĀMĀKUA, HAWAIʻI, COVERED BY TAX MAP KEYS: 4-8-006:003, 4-8-006:013 AND 4-8-006:069 (Planning Director Initiated) (Area: 31.237 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone. The properties are the site of the formerly proposed Trees of Kukuihaele development that will not be developed. The Planning Director recommends reclassifying the property to a lower density zone, removing the ability to subdivide these properties. Reference: Comm. 29.2 Intr. by: Ms. Eoff First Reading: January 25, 2017 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 Page 8 Hawai‘i County Council-5 February 8, 2017 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 accommodations for this meeting should call 961-8255 by February 6, 2017. Relay users please call 711(961-8255) to contact our office. Public attendance via courtesy site is available at the following location 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. Public attendance via courtesy site is also available at the following locations until public testimony has been completed:  Nāālehu State Office Building, 95ʻ-5669 Māmalahoa Highway, Nāālehu;ʻ  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. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business 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 counciltestimony@hawaiicounty.gov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) to videotestimony@hawaiicounty.gov before 12:00 noon on the business day prior to the meeting. 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 submittal. Each video submittal shall be limited to a single agenda item. 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 9 Hawai‘i County Council-5 February 8, 2017 Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, February 15 and 22, 2017, at 6 p.m.; Fridays, February 17 and 24, 2017, at 12 p.m.; and Sundays, February 19 and 26, 2017, 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 10