HomeMy WebLinkAboutAGE COUNCIL 2017/02/08 2016-2018 ACTIONS
VALERIE T. POINDEXTER AARON S. Y. CHUNG
Chairwoman and Presiding Officer MAILE MEDEIROS DAVID
DRU MAMO KANUHA
KAREN EOFF SUSAN L. K. LEE LOY
Vice Chair EILEEN O’HARA
HERBERT M. “TIM” RICHARDS, III
JENNIFER RUGGLES
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
th
5Session
ORDER OF BUSINESS
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i
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
9:02 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-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
APPROVED:
Ayes: Council Members Chung, Kanuha, Lee Loy, O’Hara, Richards,
Ruggles, and Chair Poindexter – 7.
Noes: None.
Absent: Council Members David and Eoff – 2.
Excused: None.
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
ADOPTED:
Ayes: Council Members Chung, Kanuha, Lee Loy, O’Hara, Richards,
Ruggles, and Chair Poindexter – 7.
Noes: None.
Absent: Council Members David and Eoff – 2.
Excused: None.
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Hawai‘i County Council-5 February 8, 2017
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
ADOPTED:
Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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
ADOPTED:
Ayes: Council Members Chung, Kanuha, Lee Loy, O’Hara, Richards,
Ruggles, and Chair Poindexter – 7.
Noes: None.
Absent: Council Members David and Eoff – 2.
Excused: None.
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Hawai‘i County Council-5 February 8, 2017
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
ADOPTED:
Ayes: Council Members Chung, Kanuha, Lee Loy, O’Hara, Richards,
Ruggles, and Chair Poindexter – 7.
Noes: None.
Absent: Council Members David and Eoff – 2.
Excused: None.
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
ADOPTED:
Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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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
ADOPTED:
Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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
ADOPTED:
Ayes: Council Members Chung, Kanuha, Lee Loy, O’Hara, Richards,
Ruggles, and Chair Poindexter – 7.
Noes: None.
Absent: Council Members David and Eoff – 2.
Excused: None.
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Hawai‘i County Council-5 February 8, 2017
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
ADOPTED:
Ayes: Council Members Chung, Kanuha, Lee Loy, O’Hara, Richards,
Ruggles, and Chair Poindexter – 7.
Noes: None.
Absent: Council Members David and Eoff – 2.
Excused: None.
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
ADOPTED:
Ayes: Council Members Chung, Kanuha, Lee Loy, O’Hara, Richards, and
Chair Poindexter – 6.
Noes: None.
Absent: Council Members David, Eoff, and Ruggles – 3.
Excused: None.
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Hawai‘i County Council-5 February 8, 2017
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
ADOPTED:
Ayes: Council Members Chung, Kanuha, Lee Loy, O’Hara, Richards,
Ruggles, and Chair Poindexter – 7.
Noes: None.
Absent: Council Members David and Eoff – 2.
Excused: None.
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.”
ADOPTED:
Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
; and
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Hawai‘i County Council-5 February 8, 2017
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
ADOPTED:
Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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
ST
PASSED 1READING:
Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
; and
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Hawai‘i County Council-5 February 8, 2017
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
ST
PASSED 1READING:
Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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
(Vote on Bill 9 is on the next page.)
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Hawai‘i County Council-5 February 8, 2017
ST
AMENDED TO DRAFT 2 AND PASSED 1READING:
Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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
ND
PASSED 2AND FINAL READING:
Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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
(Vote on Bill 4 is on the next page.)
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Hawai‘i County Council-5 February 8, 2017
ND
PASSED 2AND FINAL READING:
Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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
ND
PASSED 2AND FINAL READING:
Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Chair Poindexter – 9.
Noes: None.
Absent: None.
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.)
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Hawai‘i County Council-5 February 8, 2017
ANNOUNCEMENTS
ADJOURNMENT: 12:11 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
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).
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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/.)
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