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Home My WebLink AboutAGE COUNCIL 2017/09/07 2016-2018 • .�- SV .hG44, AARON S.Y. CHUNG VALERIE T.POINDEXTER J •N' .c,151? '' MAILE MEDEIROS DAVID Chairwoman and Presiding Officer //f ;. DRU MAMO KANUHA KAREN EOFF �'�- SUSAN L.K.LEE LOY •; ;• T ot��•�.= EILEEN O'HARA Vice Chair �� ...OFH''� HERBERT M. "TIM"RICHARDS,III JENNIFER RUGGLES COUNTY COUNCIL County of Hawai Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 21St Session -.a can ORDER OF BUSINESS i -_ -- co Hawai`i County Building m 25 Aupuni Street Hilo, Hawai`i ‘.n =7- September 7, 2017 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Bob Tominaga of Thy Word Ministries 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-21 September 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 November 3, 2015 July 7, 2017 July 18, 2017 COMMUNICATIONS Comm. 378: NOMINATION OF THOMAS FRATINARDO TO THE SALARY COMMISSION From Mayor Harry Kim, dated August 16, 2017, submitting for the Council’s review and confirmation the above nomination. Waived: FC (Comm. 378.1) Requires Council Confirmation by: October 1, 2017 (Section 13-4(l), Hawai‘i County Charter) Comm. 404: NOMINATION OF HAROLD D. DOW, JR., M.D., TO THE SALARY COMMISSION From Mayor Harry Kim, dated August 16, 2017, submitting for the Council’s review and confirmation the above nomination. Waived: FC (Comm. 404.1) Requires Council Confirmation by: October 1, 2017 (Section 13-4(l), Hawai‘i County Charter) Page 2 Hawai‘i County Council-21 September 7, 2017 ORDER OF RESOLUTIONS Res. 250-17: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO A RIGHT-OF-ENTRY AGREEMENT WITH CYANOTECH CORPORATION TO ALLOW ACCESS TO THE KEALAKEHE WASTEWATER TREATMENT PLANT FOR THE HABITAT CONSERVATION OF HAWAIIAN STILTS AND HAWAIIAN COOTS Would allow for a three-year access agreement with Cyanotech Corporation so that it may perform predator control, as an effort to support the recovery of these endangered waterbirds. Reference: Comm. 382 Intr. by: Ms. Eoff Approve: EMC-3 Res. 252-17: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE THE LEASE OF REAL PROPERTY, SITUATED AT WAIĀKEA, SOUTH HILO, COUNTY AND STATE OF HAWAI‘I, IDENTIFIED AS TAX MAP KEY: 2-4-057:030, TO HKI KAWILI, LLC, A NONPROFIT CORPORATION Authorizes the Finance Director to negotiate a 65-year lease of the subject property for the purpose of constructing, developing, and operating affordable senior housing with preference to veterans and their spouses. Reference: Comm. 384 Intr. by: Ms. Lee Loy Approve: FC-34 Res. 253-17: URGES THE MAYOR AND THE DIRECTOR OF PARKS AND RECREATION TO EXPEDITE THE CONSTRUCTION OF A SKATE PARK FACILITY IN THE SOUTH HILO DISTRICT Supports a collaborative effort between the County and the Hilo Skateplaza Coalition, a 501(c)(3) nonprofit corporation, which is willing to share costs, donate materials and labor, and provide design specifications to develop this public facility. Reference: Comm. 385 Intr. by: Ms. Lee Loy Approve: PWPRC-23 Page 3 Hawai‘i County Council-21 September 7, 2017 Res. 254-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I The agreement would provide $25,000 from the Department of Research and Development to the University of Hawai‘i to fund its Building Private Sector Capacity to Control Little Fire Ants in Hawai‘i County project. Reference: Comm. 391 Intr. by: Ms. David (B/R) Approve: FC-35 Res. 256-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO ASSIST WITH EXPENSES ASSOCIATED WITH A RAT LUNG WORM DISEASE PREVENTION AND AWARENESS EVENT IN KAPOHO Transfers $4,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Research and Development, Hawaiʻi County Resource Center account. Reference: Comm. 394 Intr. by: Ms. O’Hara Res. 257-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA HALE O NA KEIKI INC., FOR ITS EDUCATIONAL FIELD TRIPS Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 397 Intr. by: Ms. Poindexter Page 4 Hawai‘i County Council-21 September 7, 2017 Res. 258-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE DEPARTMENT OF PARKS AND RECREATION WITH PROVIDING PUBLIC SAFETY AT THE KWXX HO‘OLAULE‘A Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Culture and Education Other Current Expenses account. Reference: Comm. 398 Intr. by: Ms. Lee Loy Res. 259-17: 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 RELATED TO THE QUEEN LILI‘UOKALANI FESTIVAL Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Culture and Education Other Current Expenses account. Reference: Comm. 399 Intr. by: Ms. Lee Loy Res. 262-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE FINANCE DEPARTMENT Authorizes the Mayor to enter into a five-year lease for one copier to be used by the department’s Vehicle Registration and Licensing Division at its Hilo registration branch. Reference: Comm. 408 Intr. by: Ms. David (B/R) Waived: FC Page 5 Hawai‘i County Council-21 September 7, 2017 Res. 263-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OFFICE FOR COASTAL MANAGEMENT The agreement with the Department of Public Works would be used for the collection and processing of digital geographic data for Hawai‘i Island. Reference: Comm. 409 Intr. by: Ms. David (B/R) Waived: FC Res. 264-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE DIGITAL MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease for one digital copier to be used by the department’s administration office of the Wastewater Division. Reference: Comm. 410 Intr. by: Ms. David (B/R) Waived: FC Res. 265-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIIAN SANCTUARY INC., TO ASSIST WITH COSTS RELATED TO ITS PLANT ALOHA PROJECT Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 413 Intr. by: Ms. O’Hara Page 6 Hawai‘i County Council-21 September 7, 2017 BILLS FOR ORDINANCES (FIRST READING) Bill 13 AMENDS CHAPTER 20 OF THE HAWAIʻI COUNTY CODE 1983 (Draft 3): (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, 2019. Exempts ice chest and coolers; packaging for raw meat, fish, and eggs that have not been further processed; 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. 107.161 Intr. by: Ms. O’Hara Approve: EMC-1 Postponed: March 8, 2017 Referred to the Environmental Management Commission: July 7, 2017 (Note: There is a motion by Ms. O’Hara, seconded by Ms. Ruggles, to approve Bill 13, Draft 2, as amended.) ; and Comm. 107.163: From Council Chairwoman Valerie T. Poindexter, dated August 17, 2017, forwarding the Environmental Management Commission’s favorable recommendation and comments by the Department of Environmental Management. Bill 59: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAIʻI BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KEAʻAU, PUNA, HAWAIʻI, COVERED BY TAX MAP KEY: 1-6-141:002 Approve: PC-24 ; and Page 7 Hawai‘i County Council-21 September 7, 2017 Bill 60: AMENDS SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – TWENTY ACRES (A-20a) TO GENERAL INDUSTRIAL – 20,000 SQUARE FEET (MG-20) AT KEAʻAU, PUNA, HAWAIʻI, COVERED BY TAX MAP KEY: 1-6-141:002 (Applicant: Hawaiʻi Island Distilling, LLC) (Area: 6.505 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Maps and change of zone, which would allow the applicant to establish a microbrewery with a retail sales and tasting center. Reference: Comm. 386 Intr. by: Ms. Eoff (B/R) Approve: PC-25 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 54 AMENDS CHAPTER 15, ARTICLE 7 OF THE HAWAI‘I COUNTY CODE (Draft 2): 1983 (2016 EDITION, AS AMENDED), RELATING TO THE VETERANS ADVISORY COMMITTEE Removes inactive veterans organizations, adds two new veterans organizations, and reduces the size of the committee from 16 to 12 members and the required number of at-large members from three to one. Reference: Comm. 361.2 Intr. by: Ms. Eoff First Reading: August 16, 2017 Bill 55: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2018 Increases revenues in the State Grants - Coastal Zone Management account ($23,685); and appropriates the same to the Coastal Zone Management account, bringing the total State grant amount to $155,663. Reference: Comm. 366 Intr. by: Ms. David (B/R) First Reading: August 16, 2017 Page 8 Hawai‘i County Council-21 September 7, 2017 Bill 56: AMENDS ORDINANCE NO. 17-40, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018 Adds the Public Works, Road Improvements - Pua, Todd, Baker and Desha Avenues – State project for $152,000 to the Capital Budget. Funds for this project shall be provided from the State Capital Improvement Project Funds. Funds would be used to improve roadways and drainage around Keaukaha School in Hilo. Reference: Comm. 367 Intr. by: Ms. David (B/R) First Reading: August 16, 2017 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 58: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Schedule 3 (25 mile per hour limit) and Schedule 5 (35 mile per hour limit) Subsection (g), Puna, by increasing the speed limit on South Kopua Road from 25 to 35 miles per hour. Reference: Comm. 375 Intr. by: Ms. Ruggles (B/R) First Reading: August 16, 2017 Bill 61: AMENDS THE PARKS AND RECREATION FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NAMING THE BASEBALL DIAMOND AND FOOTBALL FIELD AT KAMEHAMEHA PARK, THE “SHIRO TAKATA FIELD,” IN HONOR OF SHIRO TAKATA Recognizes Shiro Takata for his contributions to the athletic community and school system in Kohala by naming these facilities in his honor. Reference: Comm. 387 Intr. by: Mr. Richards First Reading: August 16, 2017 Page 9 Hawai‘i County Council-21 September 7, 2017 Bill 62: AMENDS ORDINANCE NO. 17-40, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018 Adds the Public Works Māmalahoa Highway Widening, Mud Lane to Mana Road – Federal project $22 million; State project $500,000; and County project $5 million, for a total of $27.5 million to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable ($22 million); State Grants Receivable ($500,000); and General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($5 million). Funds would be used to improve 18 intersections along Māmalahoa Highway in Waimea and repair the failing roadway from Mana Road to Puʻu Nani Drive. Reference: Comm. 392 Intr. by: Ms. David (B/R) First Reading: August 16, 2017 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter REPORTS FC-33 NOMINATION OF MICHAEL HUGHES TO THE REAL PROPERTY TAX (Comm. 388): BOARD OF REVIEW Requires Council Confirmation by: September 11, 2017 (Section 13-4(l), Hawaiʻi County Charter) 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. Page 10 Hawai‘i County Council-21 September 7, 2017 The meeting places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by September 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 Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A;  Pāhoa Council Office, 15-2879 Pāhoa Village Road; and  Waimea Council Office, Parker Square, 65-1279 Kawaihae Road, Suite 109. 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 11