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Home My WebLink AboutAGE COUNCIL 2017/07/07 2016-2018 ACTIONS VALERIE T.POINDEXTER o�N<v,os N�� AARON S. Y. CHUNG Chairwoman and Presiding Offices MAILS MEDEIROS DAVID +c c• 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 17'h Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii July 7, 2017 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Reverend Bryan Siebuhr of Honpa Hongwanji Betsuin CALL TO ORDER 9:04 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. Hawaii County Council-17 July 7,2017 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 April 5, 2017 April 19, 2017 APPROVED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. COMMUNICATIONS Comm. 107.35: REPORT OF THE AD HOC COMMITTEE ON BILL 13, RELATING TO STYROFOAM REDUCTION From Council Member Eileen O'Hara, dated June 15, 2017. Postponed: June 23, 2017 (Note: There is a motion by Ms. O'Hara, seconded by Mr. Richards, to file Comm. 107.35.) FILED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. Page 2 Hawaii County Council-17 July 7,2017 Comm. 336: NOMINATION OF WAYNE FRANK, PHD., TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION From Mayor Harry Kim, dated June 15, 2017, submitting for the Council's review and confirmation the above nomination. Waived: FC Requires Council Confirmation by: August 3, 2017 (Section 2-215(k), Hawaii County Code) CONFIRMED: 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 RESOLUTIONS Res. 227-17: AUTHORIZES THE FINANCE DIRECTOR TO INVITE PROPOSALS FOR LEASE BY NEGOTIATION OF 900 ACRES OF AGRICULTURAL COUNTY- OWNED LEASE LANDS, BEING TAX MAP KEY: 4-2-005:001, KOHOLALELE, HAMAKUA, HAWAII, PURSUANT TO CHAPTER 2, ARTICLE 19, SECTION 2-114 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED) All or a portion of this 900-acre parcel would be leased by negotiation for the purposes of diversified agriculture, eco-tourism, and pastoral uses. Reference: Comm. 315 Intr. by: Ms. Poindexter Approve: FC-22 ADOPTED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, and Chair Poindexter—8. Noes: None. Absent: Council Member Ruggles — 1. Excused: None. Page 3 Hawaii County Council-17 July 7,2017 Res. 228-17 APPROVES THE ESTABLISMENT OF A SISTER-CITY RELATIONSHIP (Draft 2): BETWEEN THE MUNICIPALITY OF CABUGAO, PROVINCE OF ILOCOS SUR, PHILIPPINES AND THE COUNTY OF HAWAII, AND AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO ENTER INTO A FORMAL SIGNED AGREEMENT Authorizes the Mayor to formally establish this sister-city relationship, pursuant to Section 2-165 of the Hawaii County Code. Reference: Comm. 326.2 Intr. by: Ms. Poindexter Approve: GREDC-5 ADOPTED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, Richards, Ruggles, and Chair Poindexter—8. Noes: None. Absent: Council Member O'Hara— 1. Excused: None. Res. 232-17: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII BOARD OF ETHICS, IN PETITION NOS. 2017-07 and 2017-08 Authorizes the employment of special counsel from the Office of Corporation Counsel, County of Maui, at a cost not to exceed $1,000. Reference: Comm. 331 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter ADOPTED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. Page 4 Hawaii County Council-17 July 7,2017 Res. 233-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS (DLIR), PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) GRANT Authorizes the Mayor to enter into an agreement with DLIR to receive and expend WIOA funds in the amount of$1,521,232. Funds would be used to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 335 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 13 AMENDS CHAPTER 20, OF THE HAWAII COUNTY CODE 1983 (Draft 2): (2016 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. 107.11 Intr. by: Ms. O'Hara Approve: EMC-1 Postponed: March 8, 2017 (Note: There is a motion by Ms. O'Hara, seconded by Ms. Ruggles, to approve Bill 13, Draft 2.) ; and Comm. 107.156: From Council Member Eileen O'Hara, transmitting proposed amendments to Bill 13, Draft 2. (Vote on Bill 13, Draft 2, is on the next page.) Page 5 Hawaii County Council-17 July 7,2017 AMENDED TO DRAFT 3 AND REFERRED TO THE ENVIRONMENTAL MANAGEMENT COMMISSION: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. Bill 45: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING Amends Schedule 28 (No parking at anytime), Subsection (c), South Hilo, by revising an existing provision for a portion of Haihai Street. Reference: Comm. 323 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-10 PASSED 1sT 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 46: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING Amends Schedule 28 (No parking at anytime), Subsection (c), South Hilo, by adding a portion of Mohouli Street. Reference: Comm. 324 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-11 PASSED 1sT READING: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. Page 6 Hawaii County Council-17 July 7,2017 Bill 51: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2018 Appropriates revenues in the Federal Grants —Workforce Innovation Opportunity Act (WIOA) account ($1,521,232); and appropriates the same to the following 2017-18 WIOA accounts: Administration Planning ($152,121); Adult Program ($495,316); Dislocated Worker Program ($405,276); and Youth Program ($468,519). Funds would be used to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 335 Intr. by: Ms. David (B/R) Waived: FC PASSED 1sT READING: 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 38: AMENDS SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL—TWO ACRES (FA-2a) AT PU`UKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-4-001:152 (Applicant: Peter A. In, M.D.) (Area: approx. 5.001 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into two parcels to allow each unit owner to have a separate title and tax map key. Reference: Comm. 291 Intr. by: Ms. Eoff First Reading: June 23, 2017 PASSED 2ND AND 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. Page 7 Hawaii County Council-17 July 7,2017 REPORTS PWPRC-4 NOMINATION OF MICHAEL DOOLITTLE TO THE VETERANS (Comm. 317): ADVISORY COMMITTEE CONFIRMED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. PWPRC-5 NOMINATION OF ANTONIO GASPAR TO THE VETERANS ADVISORY (Comm. 318): COMMITTEE CONFIRMED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. PWPRC-6 NOMINATION OF MINORU HANATO TO THE VETERANS ADVISORY (Comm. 319): COMMITTEE CONFIRMED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. PWPRC-7 NOMINATION OF ISAAC NAHAKUELUA TO THE VETERANS ADVISORY (Comm. 320): COMMITTEE CONFIRMED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. Page 8 Hawaii County Council-17 July 7,2017 PWPRC-8 NOMINATION OF GEORGE SHERIDAN TO THE VETERANS ADVISORY (Comm. 321): COMMITTEE CONFIRMED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. PWPRC-9 NOMINATION OF EMILE WERY TO THE VETERANS ADVISORY (Comm. 322): COMMITTEE CONFIRMED: Ayes: Council Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, Ruggles, and Chair Poindexter—9. Noes: None. Absent: None. Excused: None. REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawaii 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: 11:46 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 accommodations for this meeting should call 961-8255 by July 5, 2017. 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,West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A; and • Pahoa Council Office, 15-2879 Pahoa Village Road. Page 9 Hawaii County Council-17 July 7,2017 Public attendance via courtesy site is also available at the following locations until public testimony has been completed: • Na`alehu State Office Building, 95-5669 Mamalahoa Highway, Na`alehu; and • Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa`au. 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 htip://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, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or(3)by e-mail to counciltestiinonyLq)hawaiicouno�. ov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) to videotestimonyghawaiicounty_.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). Viewing of Meetings is Available on Public, Education, and Government Television. Please call Na Leo TV at (808) 935-8874 for Channel 55 schedule of Council and Committee meetings. Page 10