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Home My WebLink AboutAGE COUNCIL 2017/08/02 2016-2018 VALERIE T.POINDEXTER o+tY o`OF AARON S.Y.CHUNG Chairwoman and Presiding Officer ^ ,,��%�; MAILE MEDEIROS DAVID �• //' DRU MAMO KANUHA KAREN EOFF Vice Chair +r- +�r•r SUSAN L.K.LEE LOY ' �+r'M:.''�`%.' EILEEN O'HARA • .'•• rt OF 10. "TIM"M. TIM"RI CHARDS,III JENNIFER RUGGLES COUNTY COUNCIL - County of Hawai'1 Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 19th Session ORDER OF BUSINESS C— C Hawai`i County Building r- `ice 25 Aupuni Street " --‹ Hilo, Hawai`i '•`gin >r August 2, 2017 = 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Matt Purvis of Grassroots 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-19 August 2, 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 May 18, 2017 June 5, 2017 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 234-17: ACCEPTS THE DEDICATION OF KOHANAIKI FRONTAGE ROAD, IDENTIFIED AS TAX MAP KEYS: 7-3-009:066 AND 7-3-009:067, SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I FROM KOHANAIKI SHORES LLC, A DELAWARE LIMITED LIABILITY COMPANY AND RUTTER/KW KOHANAIKI LLC, A HAWAI‘I LIMITED LIABILITY COMPANY The roadways contain an area of 2.716 acres and 0.132 acres, respectively, and would be used for public road purposes. Reference: Comm. 344 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-15 Res. 235-17: GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3-10(a) HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO ALLOW ONE GROUND SIGN AT 1285 WAIANUENUE AVENUE, HILO, HAWAI‘I, TAX MAP KEY 2-3-031:019 (ZONED “RS” RESIDENTIAL DISTRICT) Grants a sign variance to Hawai‘i Health Systems Corporation for a ground sign measuring 15.6 square feet in area. Reference: Comm. 345 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-16 Page 2 Hawai‘i County Council-19 August 2, 2017 Res. 236-17: GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3-10(a) HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO ALLOW ONE GROUND SIGN AT 1248 KINO‘OLE STREET, HILO, HAWAI‘I, TAX MAP KEY 2-2-023:010 (ZONED “RS” RESIDENTIAL DISTRICT) Grants a sign variance to Benjamin Masao Ono Trust for a ground sign measuring 15.3 square feet in area. Reference: Comm. 346 Intr. by: Ms. Ruggles (B/R) Approved: PWPRC-17 Res. 238-17: 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 CONSERVATION COUNCIL FOR HAWAI‘I FOR THE ‘ŌHI‘A LOVE FEST COMMUNITY EVENT TO SUPPORT EDUCATION AND AWARENESS OF RAPID ‘ŌHI‘A DEATH Transfers $6,500 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Research and Development, Hawai‘i County Resource Center account. Reference: Comm. 352 Intr. by: Ms. O’Hara Res. 239-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO UPDATE THE MĀLAMA HONUA WORLDWIDE VOYAGE INTERPRETIVE DISPLAYS AT THE RICHARDSON OCEAN CENTER Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 354 Intr. by: Ms. Lee Loy Page 3 Hawai‘i County Council-19 August 2, 2017 Res. 240-17: 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 HAWAI‘I LGBT LEGACY FOUNDATION TO SUPPORT THE HAWAI‘I ISLAND PRIDE PARADE AND FESTIVAL Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Research and Development, Tourism Promotion account. Reference: Comm. 360 Intr. by: Ms. O’Hara Res. 247-17: AUTHORIZES THE ACCEPTANCE OF A DONATION OF SEVEN BUSES FROM THE CITY AND COUNTY OF HONOLULU The buses would be used by the Mass Transit Agency for island-wide transportation, and to increase the County’s spare bus ratio. Reference: Comm. 373 Intr. by: Ms. David (B/R) Waived: FC Res. 248-17: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TRANSPORATION SERVICES FROM YOUNG BROTHERS, INC. With an estimated value of $12,748, this donation will provide 48 percent of the total costs to ship seven buses being donated to the Mass Transit Agency by the City and County of Honolulu. Reference: Comm. 374 Intr. by: Ms. David (B/R) Waived: FC Page 4 Hawai‘i County Council-19 August 2, 2017 BILLS FOR ORDINANCES (FIRST READING) Bill 49 AMENDS CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4, ARTICLE 5, (Draft 2): AND ARTICLE 7 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR MEETING FACILITIES AND COMMUNITY BUILDINGS (Planning Director Initiated) The Windward and Leeward Planning Commissions forward their favorable recommendations for this amendment to the Zoning Code, which would remove all references to community buildings, amend the definition of meeting facility, and identify what zoning districts require a special permit or a use permit to allow for a meeting facility. Reference: Comm. 333.2 Intr. by: Ms. Eoff (B/R) Approve: PC-21 Postponed: July 18, 2017 (Note: There is a motion by Mr. Richards, seconded by Ms. David, to approve Bill 49, Draft 2.) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 47 AMENDS CHAPTER 15, ARTICLE 9, OF THE HAWAI‘I COUNTY CODE (Draft 2): 1983 (2016 EDITION, AS AMENDED), RELATING TO FARMERS MARKETS Creates a facility schedule for farmers markets to be established at County parks and facilities, and adds the following parks to the schedule: Hakalau Veterans Park and Volcano Park. Reference: Comm. 325.24 Intr. by: Ms. Poindexter First Reading: July 18, 2017 Bill 48 AMENDS CHAPTER 14, ARTICLE 1, OF THE HAWAI‘I COUNTY CODE (Draft 2): 1983 (2016 EDITION, AS AMENDED), RELATING TO ALCOHOLIC BEVERAGES Prohibits the consumption of intoxicating liquors at James Kealoha Beach Park in Hilo, and Kahakai Park in Puna. Reference: Comm. 332.3 Intr. by: Ms. Lee Loy First Reading: July 18, 2017 Page 5 Hawai‘i County Council-19 August 2, 2017 Bill 50: AMENDS CHAPTER 5, “BUILDING,” AND CHAPTER 27, “FLOOD CONTROL,” OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO COMPLY WITH NATIONAL FLOOD INSURANCE PROGRAM (NFIP) REGULATIONS Pursuant to a Letter of Final Determination, dated March 29, 2017, received by the Federal Emergency Management Agency, Hawai‘i County is required to adopt or amend its floodplain management regulations to reflect changes in the revised Flood Insurance Rate Map (FIRM) prior to September 29, 2017, the FIRM’s effective date. Non-compliance may subject the County to suspension from the NFIP, which would make flood insurance and certain types of Federal disaster assistance unavailable. Reference: Comm. 334 Intr. by: Ms. Ruggles (B/R) First Reading: July 18, 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 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 31, 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 Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A; and  Pāhoa Council Office, 15-2879 Pāhoa Village Road. Page 6 Hawai‘i County Council-19 August 2, 2017 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; andʻ  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 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). 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 7