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Home My WebLink AboutAGE COUNCIL 2018/09/05 2016-2018 ACTIONS VALERIE T.POINDEXTER t.,OF p AARON S. Y. CHUNG Chairwoman&Presiding Officer ?� +,, MAILS MEDEIROS DAVID DRU MAMO KANUHA KAREN EOFF +: c Vice Chair SUSAN L. K.LEE LOY 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 48'h Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii September 5, 2018 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Jacob Bratton of Hilo Salvation Army Temple Corps CALL TO ORDER 9:09 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-48 September 5,2018 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 August 17, 2016 APPROVED: 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. August 8, 2018 APPROVED: 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. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 654-18: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO HO`OMALU KA`U Approves a grant of$58,600 to Ho`omalu Ka`u, a 501(c)(3)nonprofit organization, to protect,preserve, and restore the Kahua Olohu, Kaunamano, Ka`u property (Tax Map Key: 9-5-012:005),pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 1018 Intr. by: Ms. David Approve: FC-132 (Vote on Res. 654-18 is on the next page.) Page 2 Hawaii County Council-48 September 5,2018 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. Res. 655-18: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO KOHANAIKI `OHANA Approves a grant of$25,480 to Kohanaiki `Ohana, a 501(c)(3)nonprofit organization, to protect,preserve, and restore `O`oma Beach in North Kona (Tax Map Key: 7-3-009:004), pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 1019 Intr. by: Ms. Eoff Approve: FC-133 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. Res. 656-18: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO POHAHA I KA LANI Approves a grant of$74,250 to Pohaha I Ka Lani, a 501(c)(3) nonprofit organization, to protect,preserve, and restore the Waipi`o Valley Lookout in Hamakua(Tax Map Key: 4-8-004:006),pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 1020 Intr. by: Ms. Poindexter Approve: FC-134 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-48 September 5,2018 Res. 663-18: REQUESTS THE HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) TO INCLUDE IN ITS 2019 LEGISLATIVE PACKAGE, A RESOLUTION URGING THE LEGISLATURE TO APPROPRIATE FUNDS TO EMPLOY LIFEGUARDS AND TO PURCHASE A LIFEGUARD TOWER AND RESCUE EQUIPMENT FOR KUA BAY AT KEKAHA KAI STATE PARK Requests that the HSAC package include a request to the State Legislature to appropriate funds in the amount of$401,696 for Fiscal Year 2018-2019 to employ four lifeguards and to purchase a lifeguard tower and rescue equipment, with an additional appropriation of$325,696 for Fiscal Year 2019-2020 to continue the program. Reference: Comm. 1035 Intr. by: Ms. Eoff Waived: GREDC AMENDED TO DRAFT 2 AND 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. Res. 664-18: 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 HAWAII ISLAND PORTUGUESE CHAMBER OF COMMERCE CULTURAL AND EDUCATIONAL CENTER TO ASSIST WITH THE 140TH YEAR COMMEMORATION OF THE ARRIVAL OF PORTUGUESE IMMIGRANT FAMILIES TO HAWAII Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 1036 Intr. by: Ms. David 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 4 Hawaii County Council-48 September 5,2018 Res. 666-18: AUTHORIZES THE EMPLOYMENT OF A PRIVATE ATTORNEY AS PART OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII TO REPRESENT THE COUNTY OF HAWAII AND NAMED COUNTY OFFICIALS IN YOUNG VERSUS STATE OF HAWAII, NO. 12-17808 Would allow the County to enter into an agreement with the State of Hawaii to retain the legal services of Mr. Neal Katyal as special counsel, with the State to pay all fees and costs. The County desires to retain special counsel to seek an en bane review by the Ninth Circuit Court of Appeals of its decision published on July 24, 2018, finding that there is a constitutional right to open carry firearms pursuant to the Second Amendment of the United States Constitution and that a portion of Section 134-9 of the Hawaii Revised Statutes violated the Second Amendment of the United States Constitution. Reference: Comm. 1041 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 AMENDED TO DRAFT 2 AND 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. BILLS FOR ORDINANCES (FIRST READING) Bill 160 AMENDS CHAPTER 2, ARTICLE 15, OF THE HAWAII COUNTY (Draft 2): CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS Amends Section 2-83, Fair Treatment, by adding a requirement that officers and employees of the County provide accurate and factual information to the public to the best of each officer's or employee's abilities and knowledge. Reference: Comm. 959.3 Intr. by: Ms. O'Hara Approve: FC-135 (Vote on Bill 160, Draft 2, is on the next page.) Page 5 Hawaii County Council-48 September 5,2018 PASSED IST READING: Ayes: Council Members David, Eoff, Kanuha, O'Hara, and Chair Poindexter—5. Noes: Council Members Chung, Lee Loy, and Richards —3. Absent: Council Member Ruggles — 1. Excused: None. (Note: Mr. Kanuha voted"kanalua" then "aye.") Bill 177: AMENDS SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT PAPA`ALOA, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY: 3-5-004:023 (Applicant: Charles and Kitura Andrus) (Area: approximately 11.06 Acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to apply for subdivision of the property into two lots. The applicants currently reside in a home on one lot and plan to convey the other lot to their children. The property is located on Kihalani Homestead Road. Reference: Comm. 1024 Intr. by: Ms. Eoff(B/R) Approve: PC-69 PASSED IST READING: 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 6 Hawaii County Council-48 September 5,2018 Bill 178: AMENDS ORDINANCE NO. 07-166, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—ONE ACRE (A-la) TO MULTIPLE FAMILY RESIDENTIAL—5,500 SQUARE FEET (RM-5.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:015 (Applicant: Michelle A. Mitchell (formerly Malulani, Inc.) (Area: approximately 1.278 Acres) The Windward Planning Commission forwards its favorable recommendation for this amendment to request an additional five-year time extension to complete construction of a medical clinic on the property. The property is located on Ponahawai Street, approximately 650 feet east of its intersection with Komohana Street. Reference: Comm. 1025 Intr. by: Ms. Eoff(B/R) Approve: PC-70 PASSED IST READING: 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. Bill 179: AMENDS ORDINANCE NO. 08-20, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-2-036:025 AND 026 (Applicant: Dien-Jung Lin (formerly Dien-Jung Nekoba) (Area: 39,771 square feet) The Windward Planning Commission forwards its favorable recommendation for this amendment to request a time extension for completion of construction and payment of the water commitment fee. The properties are located on Kekuanao`a Street and Hinano Street. Reference Comm. 1026 Intr. by: Ms. Eoff(B/R) Approve: PC-71 PASSED IST READING: 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 7 Hawaii County Council-48 September 5,2018 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 165 AMENDS CHAPTER 19, ARTICLE 10, OF THE HAWAII COUNTY (Draft 2): CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX EXEMPTIONS FOR DISABLED OR UNEMPLOYABLE VETERANS Effective July 1, 2019, removes the phrase "totally disabled" from Section 19-73, and replaces with "100 percent disabled or 100 percent unemployable, or both." Further amends Section 19-73 to exempt disabled or unemployable veterans from all real property tax, where "totally disabled"veterans are currently subject to the minimum tax provided for in Section 19-90(e). Reference: Comm. 989.5 Intr. by: Mr. Kanuha First Reading: August 8, 2018 Postponed: August 22, 2018 (Note: There is a motion by Mr. Kanuha, seconded by Ms. David, to approve Bill 165, Draft 2.) AMENDED TO DRAFT 3 AND PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kanuha, Lee Loy, O'Hara, and Chair Poindexter—6. Noes: Council Members Chung and Richards —2. Absent: Council Member Ruggles — 1. Excused: None. (Note: Ms. Lee Loy voted "kanalua" then "aye." Mr. Richards voted "kanalua" then "no.") Bill 166: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the Research and Development Miscellaneous Private Contributions account ($1,200); and appropriates the same to the Essential Air Service Waimea-Kohala Airport -Private account. Funds would be used as a joint effort between government agencies and the local community to ensure the continuity of air service at the Waimea-Kohala airport. Reference: Comm. 995 Intr. by: Ms. David (B/R) First Reading: August 22, 2018 (Vote on Bill 166 is on the next page) Page 8 Hawaii County Council-48 September 5,2018 PASSED 2ND AND FINAL READING: 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. Bill 167: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the Federal Grants - Agricultural Crimes Project account ($106,789); and appropriates the same to the Agricultural Crimes Project account, for a total appropriation of$198,789. Funds would be used by the Office of the Prosecuting Attorney. Reference: Comm. 996 Intr. by: Ms. David (B/R) First Reading: August 22, 2018 PASSED 2ND AND FINAL READING: 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. Bill 168: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Decreases revenues in the Real Property Taxes account by $3.9 million to address the anticipated reduction in Real Property Tax revenues resulting from devaluation of properties that were either destroyed or rendered inaccessible by the 2018 Kilauea lava flow. The following General Fund accounts are reduced accordingly: Information Technology Other Current Expenses (-$10,105), Planning Other Current Expenses (-$30,000), Business Development-Research and Development (-$10,000), Mass Transit Other Current Expenses (-$2,712,145), Mass Transit Equipment (-$1,050,000), Transfer to Public Access Open Space Preservation Fund (-$78,000), and Transfer to Public Access Open Space Preservation Maintenance Fund (-$9,750). First Reading: August 22, 2018 and (Vote on Bill 168 is on the next page) Page 9 Hawaii County Council-48 September 5,2018 PASSED 2ND AND FINAL READING: 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. Bill 169: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Establishes a General Excise Tax Surcharge revenue account and appropriates $10 million into this account as anticipated revenue, and establishes and applies these funds to two new General Excise Tax Surcharge Mass Transit expenditure accounts, as follows: Other Current Expenses ($4,412,145) and Equipment ($3,587,855). The remaining $2 million would be appropriated to the Transfer to Capital Projects Fund expenditure account to be used for bus shelters and road improvement projects, including Oneo Lane and the Ane Keohokalole extension. Reference: Comm. 997 Intr. by: Ms. David (B/R) First Reading: August 22, 2018 POSTPONED TO SEPTEMBER 19, 2018: Ayes: Council Members Chung, David, Eoff, Lee Loy, O'Hara, Richards, and Chair Poindexter—7. Noes: Council Member Kanuha— 1. Absent: Council Member Ruggles — 1. Excused: None. Bill 170: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Section 24-264, Schedule 12 (Stop intersections), paragraph (a), Hamakua, by adding "Hauola Road, Pohakea Road intersection, all approaches." The proposed all-way stop will allow for cars to still park along Hauola Road and minimize the line of sight requirements at the intersection. Reference: Comm. 998 Intr. by: Ms. Ruggles (B/R) First Reading: August 22, 2018 (Vote on Bill 170 is on the next page) Page 10 Hawaii County Council-48 September 5,2018 PASSED 2ND AND FINAL READING: 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. Bill 180: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the State Grants —Workforce Innovation Opportunity Act account ($4,063); and appropriates the same to the Workforce Innovation Opportunity Act—Sector Partnership Engagements account. Funds would be used by the Hawaii Island Economic Development Board to engage with the private sector to identify employment and training needs. Reference: Comm. 1031 Intr. by: Ms. David (B/R) First Reading: August 22, 2018 PASSED 2ND AND FINAL READING: 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. Bill 181: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the Federal Grants —Risk and Vulnerability Assessment —Volcanic Hazard account ($225,000); and appropriates the same to the Risk and Vulnerability Assessment—Volcanic Hazard account. Funds would be used by the Department of Research and Development to update the volcanic risk and vulnerability assessment of the Hawaii County Multi-Hazard Mitigation Plan. Reference: Comm. 1032 Intr. by: Ms. David (B/R) First Reading: August 22, 2018 (Vote on Bill 181 is on the next page) Page 11 Hawaii County Council-48 September 5,2018 PASSED 2ND AND FINAL READING: 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. REPORTS PC-68 NOMINATION OF FRANZ WEBER TO THE KONA COMMUNITY (Comm. 1027): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: September 17, 2018 (Section 13-4(1), Hawaii County Charter) CONFIRMED: 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. AWESC-6 NOMINATION OF GEORGE DONEV TO THE GAME MANAGEMENT (Comm. 1028): ADVISORY COMMISSION Requires Council Confirmation by: September 17, 2018 (Section 13-4(1), Hawaii County Charter) CONFIRMED: 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. 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. Page 12 Hawaii County Council-48 September 5,2018 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 1:35 p.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 August 31, 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 Office,West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A; • Pahoa Council Office, 15-2879 Pahoa 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: • Na`alehu State Office Building, 95-5669 Mamalahoa Highway; 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 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 County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or(3)by email to counciltestiinonyLq)hawaiicouno�.gov. Please submit separate testimony for each item. Page 13 Hawaii County Council-48 September 5,2018 Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestiinonyLq)hawaiicouno�. ov 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 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 (808p) 935-8874 for Channel 55 schedule of Council and Committee meetings. Page 14