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Home My WebLink AboutAGE COUNCIL 2018/02/07 2016-2018 VALERIE T.POINDEXTER ,00w us Nt AARON S.Y. CHUNG Chairwoman&Presiding Officer • \ 'a MAILE MEDEIROS DAVID .01* DRU MAMO KANUHA KAREN EOFF % _: SUSAN L.K.LEE LOY Vice Chair ••+ '=XW;+:•: + F 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 3 l st Session GS c �e ORDER OF BUSINESS --�:- c)-< 1 Hawai`i County Building 25 Aupuni Street , Hilo, Hawai`i = February 7, 2018 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Captain Celestine Ruwethin of Hilo Salvation Army Temple Corps CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Serving the Interests of the People of Our Island Hawai`i is an Equal Opportunity Provider and Employer. -31February 7, 2018 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 June 1, 2016 December 20, 2017 COMMUNICATIONS Comm. 725: NOMINATION OF ROSS E. BIRCH, MARGARITA L. HOPKINS, JENIPHER A. JONES, LENARD ALLEN, BARBARA ANN BONGO ARTHURS, GREGORY DALE LARSON, DAVID A. BUEHLER, AND GENEVIEVE PUANANI WOO TO THE COST OF GOVERNMENT COMMISSION review and confirmation the above nominations. Waived: FC Requires Council Confirmation by: March 4, 2018 (Section 13-4(l), ) ORDER OF RESOLUTIONS Res. 471-18: ACCEPTS THE DEDICATION OF ROADWAY LOTS 58, 59, AND 60 FOR , IDENTIFIED AS TAX MAP KEY: 6-7-003:109 (POR.), SITUATED AT MILO AND WAIKOLOA, DISTRICT OF SOUTH KOHALA, ISLAND AND , COMPANY Dedicated to the County for public roadway purposes. Reference: Comm. 690 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-32 Page 2 -31February 7, 2018 Res. 472-18: ACCEPTS THE DEDICATION OF ROADWAY LOTS R-8 TO R-14 FOR -7-003:109 (POR.), MILO AND WAIKOLOA, DISTRICT OF SOUTH KOHALA, ISLAND AND STATE OF , COMPANY Dedicated to the County for public roadway purposes. Reference: Comm. 691 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-33 Res. 473-18: ACCEPTS THE DEDICATION OF ROADWAY LOTS R-15 TO R-20 FOR TAX MAP KEY: 6-7-008:086, 6-7-008:087, 6-7-008:088, 6-7-008:089, 6-7-008:090, AND 6-7-008:091, SITUATED AT WAIKOLOA AND WAIMEA, DISTRICT OF SOUTH KOHALA, ISLAND AND , LIABILITY COMPANY Dedicated to the County for public roadway purposes. Reference: Comm. 692 Intr. by: Ms. Ruggles (B/R) Approve: PWPRC-34 Res. 474-18: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement at an estimated Administration Office. Reference: Comm. 693 Intr. by: Ms. David (B/R) Approve: FC-73 Page 3 -31February 7, 2018 Res. 475-18: -KAPOHO ROADHALE BEACH PARK The County desires to abandon this flood-prone tract of road, determining it is no longer needed due to the completion of the Pohoiki Bypass Road. Reference: Comm. 694 Intr. by: Ms. David (B/R) Approve: FC-74 Res. 476-18: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A SEVENTY- DEVELOPMENT CORPORATION (HICDC) FOR THE PURPOSE OF DEVELOPMENT AND CONSTRUCTION OF HALE OLA O MOHOULI AFFORDABLE SENIOR RENTAL HOUSING PROJECT AT A SET LEASE RENTAL AMOUNT OF $100 PER YEAR HICDC would construct approximately 200 rental units on property identified as Tax Map Key: 2-4-001:168, containing an area of 9.091 acres, that was acquired Reference: Comm. 695 Intr. by: Ms. David (B/R) Approve: FC-75 Res. 478-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 706 Intr. by: Mr. Chung Page 4 -31February 7, 2018 Res. 479-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT PURCHASE SUPPLIES FOR THE KEIKI EMERGENCY GO BAG Transfers $1,600 from the Clerk-Council Services Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 707 Intr. by: Ms. David Res. 480-18: ACT REQUIRING THAT EACH DISTRICT HEALTH OFFICER BE A The responsibilities of a District Health Officer include serving in emergency preparedness, family health services, public health nursing, services for the developmentally delayed, environmental health services, vital statistics, and mental health services. Reference: Comm. 711 Intr. by: Ms. Waived: GREDC (Comm. 711.1) Res. 481-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT Transfers $1,000 from the Clerk-Council Services Contingency Relief account (Council District 1); and credits to the Police Department, -Other Current Expenses account. Reference: Comm. 713 Intr. by: Ms. Poindexter Page 5 -31February 7, 2018 Res. 482-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR IMPROVEMENTS TO THE RODEO ARENA AT THE Transfers $3,000 from the Clerk-Council Services Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Friends of the Park account. Reference: Comm. 714 Intr. by: Ms. Lee Loy Res. 483-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE POLICE DEPARTMENT TO PURCHASE STEALTH CAMERAS FOR PLACEMENT IN AREAS PRONE TO CRIMINAL ACTIVITY IN THE DISTRICT OF PUNA Transfers $1,500 from the Clerk-Council Services Contingency Relief account (Council District 4); and credits to the Police Department, Puna Police Other Current Expenses account. Reference: Comm. 715 Intr. by: Ms. Res. 484-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR IMPROVEMENTS TO THE RODEO ARENA AT THE Transfers $3,000 from the Clerk-Council Services Contingency Relief account (Council District 9); and credits to the Parks and Recreation, Friends of the Park account. Reference: Comm. 716 Intr. by: Mr. Richards Page 6 -31February 7, 2018 Res. 485-18: URGES NO. 1767, RELATING TO ENFORCEMENT OF FOUR-WHEEL DRIVE VEHICLE USE AND TOUR OPERATOR REQUIREMENTS FOR ACCESS TO House Bill No. 1767 would require a low-gear, four-wheel drive vehicle for access to o valley and require operators of tours to This bill would also authorize the c fines and enforce restrictions. Reference: Comm. 717 Intr. by: Ms. Poindexter Waived: GREDC Res. 486-18: AUTHORIZES THE ACCEPTANCE OF MULTIPROTOCOL LABEL SWITCHING (MPLS) EQUIPMENT FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY Donated by Maui County with a total value of $48,017.12, this donation would be used by the department . Reference: Comm. 726 Intr. by: Ms. David (B/R) Waived: FC Res. 487-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE I DEPARTMENT OF THE ATTORNEY GENERAL (HCJDC)-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY Funds in the amount of $3,000 would be used by the Office of the Prosecuting Attorney to compensate for overtime incurred by staff to research charges identified by the HCJDC with overdue dispositions. Reference: Comm. 727 Intr. by: Ms. David (B/R) Waived: FC Page 7 -31February 7, 2018 Res. 489-18: URGES THE STATE LEGISLATURE TO PASS SENATE BILL NO. 2679, TORT LIABILITY Senate Bill No. 2679 seeks to permanently reestablish limited liability protection for County lifeguards performing their duties on beaches or in the ocean. Reference: Comm. 729 Intr. by: Mr. Kanuha Waived: GREDC BILLS FOR ORDINANCES (FIRST READING) Bill 91: (2016 EDITION, AS AMENDED), RELATING TO THE FIRE BOARD OF APPEALS Subsection 132-6(f), by adding a new Article 3, Fire Board of Appeals. Reference: Comm. 684 Intr. by: Ms. Poindexter (B/R) Approve: PSMTC-3 Bill 92: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY , COVERED BY TAX MAP KEY: 2-4-001:184 Island Community Development Corporation) (Area: 6.569 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Maps, which would allow the applicant to develop 92 units of affordable senior housing. Reference: Comm. 689 Intr. by: Ms. Eoff (B/R) Approve: PC-48 Page 8 -31February 7, 2018 Bill 93: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING BUDGET ENDING JUNE 30, 2018 Increases revenues in the Real Property Tax Sale Cost & Expenditure account ($525,000); and appropriates the same to the Real Property Tax Sale Cost & Expenditure account for a total appropriation of $1,070,000. Fund appropriation accommodates an increased amount of parcels anticipated for Real Property Tax Foreclosure Tax Sale in Fiscal Year 2017-2018. Reference: Comm. 696 Intr. by: Ms. David (B/R) Approve: FC-76 Bill 103: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING BUDGET ENDING JUNE 30, 2018 Appropriates revenues in the Federal Grants - Overdue Dispositions account ($3,000); and appropriates the same to the Criminal Justice Center-Overdue Dispositions account. Funds would be used by the Office of the Prosecuting Attorney to compensate for overtime incurred by staff to research charges identified by the Criminal Justice Data Center with overdue dispositions. Reference: Comm. 727 Intr. by: Ms. David (B/R) Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 88: AMENDS CHAPTER 23, ARTICLE 11, SECTION 23-118 COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO CRITERIA TO DETERMINE A PRE-EXISTING LOT The Windward and Leeward Planning Commissions forward their favorable recommendations for this amendment to the Subdivision Code, which would add a criterion for determining a pre-existing lot. Reference: Comm. 656 Intr. by: Ms. Eoff (B/R) First Reading: January 24, 2018 Page 9 -31February 7, 2018 Bill 94: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING ENDING JUNE 30, 2018 Increases revenues in the Federal Grants (HCPD) Traffic Investigation Program account ($9,250); and appropriates the same to the HCPD Traffic Investigation Program account for a total appropriation of $80,750. Funds would be used by the Police Department to increase the number of officers trained in advanced traffic accident reconstruction and other traffic-crash related courses. Reference: Comm. 700 Intr. by: Ms. David (B/R) First Reading: January 24, 2018 Bill 95: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING ENDING JUNE 30, 2018 Increases revenues in the Federal Grants SAFE (Sexual Assault Forensic Examiner) Program account ($49,745); and appropriates the same to the SAFE Program account for a total appropriation of $101,745. Funds would be used by the Police Department to improve response and victim services in cases involving crimes against women. Reference: Comm. 701 Intr. by: Ms. David (B/R) First Reading: January 24, 2018 REPORTS PC-44 NOMINATION OF TRISTIE K. LICOAN TO THE SOUTH KOHALA (Comm. 685): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: February 17, 2018 (Section 13-4(l), Page 10 -31February 7, 2018 PC-45 NOMINATION OF KEVIN MCLAUGHLIN TO THE SOUTH KOHALA (Comm. 686): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: February 17, 2018 (Section 13-4(l), PC-46 NOMINATION OF J WILLIAM SANBORN TO THE SOUTH KOHALA (Comm. 687): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: February 17, 2018 (Section 13-4(l), PC-47 NOMINATION OF RUTH ANNETTE SMITH TO THE SOUTH KOHALA (Comm. 688): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: February 17, 2018 (Section 13-4(l), REFERRALS FOR EXECUTIVE SESSION Comm. 720: JONATHAN KIMO SANTIAGO VS. , ET. AL.; CIVIL NO. 16-00583 DKW-KSC (NON-MOTOR VEHICLE TORT) From Deputy Corporation Counsel Andrew D. Son, dated January 19, 2018, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter. The Council anticipates convening an executive meeting regarding the above matter, pursuant to Section 92- ies, privileges, immunities, and liabilities. A 2/3 vote pursuant -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.) Page 11 -31February 7, 2018 ANNOUNCEMENTS ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce 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 5, 2018. 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 O- A; Phoa Council Office, 15-2879 P 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: Nlehu State Office Building, 95-5669 M Old Kohala Courthouse, 54- 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 http://www.hawaiicounty.gov. Copies of this agenda and items listed on the agenda are available on the County Clerk-Council 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 C -8912; or (3) by email to counciltestimony@hawaiicounty.gov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestimony@hawaiicounty.gov before 12:00 noon on the business day prior to the meeting. The email 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 Page 12 -31February 7, 2018 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 13