HomeMy WebLinkAboutAGE COUNCIL 2017/08/02 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
19Session
ORDER OF BUSINESS
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i
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
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-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
APPROVED:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
June 5, 2017
APPROVED:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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
(Vote on Res. 234-17 is on the next page.)
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Hawai‘i County Council-19 August 2, 2017
ADOPTED:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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
ADOPTED:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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
ADOPTED:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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Hawai‘i County Council-19 August 2, 2017
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
ADOPTED:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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
ADOPTED:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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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
ADOPTED:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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
ADOPTED:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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Hawai‘i County Council-19 August 2, 2017
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
ADOPTED:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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.)
POSTPONED TO THE CALL OF THE CHAIR:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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Hawai‘i County Council-19 August 2, 2017
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
ND
PASSED 2 AND FINALREADING:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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
ND
PASSED 2 AND FINALREADING:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
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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
ND
PASSED 2 AND FINALREADING:
Ayes: Council Members Chung, David, Kanuha, Lee Loy, O’Hara,
Richards, Ruggles, and Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
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: 10:04 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 31, 2017. Relay users please call 711(961-8255) to contact
our office.
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Hawai‘i County Council-19 August 2, 2017
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.
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.
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