The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 2018/11/02 2016-2018 Hawaii County Clerk 10/26/2018 03:13:47 PM VALERIE T.POINDEXTER tY OF p AARON S.Y.CHUNG oN•• �`� Chairwoman&Presiding Officer �?•'��"' '•,,� MAILE MEDEIROS DAVID DRU MAMO KANUHA KAREN EOFF +: c Vice Chair SUSAN L. K.LEE LOY EILEEN O'HARA f''dF'N►�'� HERBERT M. "TIM"RICHARDS,III JENNIFER RUGGLES COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 52"d Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii November 2, 2018 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Eric Anderson of the Church of the Holy Cross 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 Clerk 10/26/2018 03:13:47 PM Hawaii County Council-52 November 2, 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 October 18, 2016 October 3, 2018 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 726-18: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO NA MAMO O KAWA Approves a grant of$62,658 to Na Mamo O Kawa, a 501(c)(3) nonprofit organization, to protect, preserve, and restore the Kawa properties (Tax Map Key: 9-5-016:006 & 025; and 9-5-017:005 & 007), pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 1123 Intr. by: Ms. David Approve: FC-149 Res. 733-18: APPROVES LEGISLATIVE PROPOSALS FOR INCLUSION IN THE 2019 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Includes two proposals submitted by the City and County of Honolulu, five by the County of Kauai, and one submitted by the Hawaii State Association of Counties on behalf of Hawaii County. Reference: Comm. 1140 Intr. by: Mr. Kanuha Waived: GREDC Page 2 Hawai'i County Clerk 10/26/2018 03:13:47 PM Hawaii County Council-52 November 2, 2018 Res. 734-18: 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 SUPPORT THE 2018 SURFERS HEALING CAMP AT RICHARDSON OCEAN PARK AND/OR OTHER BEACH PARKS IN COUNCIL DISTRICT 3 Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 1141 Intr. by: Ms. Lee Loy Res. 735-18: 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 SUPPORT ITS RECREATIONAL PROGRAMS AND ACTIVITIES AT RICHARDSON OCEAN PARK AND/OR OTHER BEACH PARKS IN COUNCIL DISTRICT 3 Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 1142 Intr. by: Ms. Lee Loy Res. 736-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO YWCA OF HAWAII ISLAND TO REPAIR ITS FORENSIC CAMERA USED FOR ITS SEXUAL ASSAULT SUPPORT SERVICES PROGRAM Transfers $1,334 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1143 Intr. by: Mr. Kanuha Page 3 Hawai'i County Clerk 10/26/2018 03:13:47 PM Hawaii County Council-52 November 2, 2018 Res. 737-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO YWCA OF HAWAII ISLAND TO REPAIR ITS FORENSIC CAMERA USED FOR ITS SEXUAL ASSAULT SUPPORT SERVICES PROGRAM Transfers $1,334 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. 1144 Intr. by: Ms. David Res. 738-18: 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 RELATING TO THE HALLOWEEN FAMILY FUN NIGHT IN NORTH KOHALA Transfers $500 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 1145 Intr. by: Mr. Richards Res. 741-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII, HAWAII COMMUNITY COLLEGE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) GRANT Authorizes the Mayor to enter into an agreement with the university to support the Adult and Dislocated Workers Program by providing training to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 1148 Intr. by: Ms. David (B/R) Waived: FC Page 4 Hawai'i County Clerk 10/26/2018 03:13:47 PM Hawaii County Council-52 November 2,2018 Res. 742-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY Federally-derived funds in the amount of$280,498 would be used by the Office of the Prosecuting Attorney for its Sex Assault Kit Initiative Reviews of Cold Case and Domestic Violence Incidents Project. Reference: Comm. 1149 Intr. by: Ms. David (B/R) Waived: FC Res. 743-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF DEFENSE, HAWAII EMERGENCY MANAGEMENT AGENCY, AND THE COUNTY OF HAWAII CIVIL DEFENSE AGENCY Federally-derived funds in the amount of$114,750 would be used by the Civil Defense Agency to support the County's Multi-Hazard Mitigation Plan Update. Reference: Comm. 1150 Intr. by: Ms. David (B/R) Waived: FC Res. 744-18: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST THE KONA SOIL AND WATER CONSERVATION DISTRICT WITH EXPENSES FOR EDUCATIONAL MATERIALS Transfers $1,000 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1151 Intr. by: Mr. Kanuha Page 5 Hawai'i County Clerk 10/26/2018 03:13:47 PM Hawaii County Council-52 November 2,2018 Res. 745-18: 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 AAUW KONA EDUCATIONAL FUND TO ASSIST WITH THE 2018 GIRLS EXPLORING MATH AND SCIENCE EVENT IN WEST HAWAII Transfers $1,000 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1152 Intr. by: Mr. Kanuha BILLS FOR ORDINANCES (FIRST READING) Bill 108: AMENDS CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4, AND (Draft 5) ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SHORT-TERM VACATION RENTALS Defines where short-term vacation rentals would be allowed, establishes regulations for their use, and provides a way for an owner or operator to obtain a nonconforming use certificate that would allow them to operate in a non-permitted district. Reference: Comm. 739.349 Intr. by: Ms. Eoff and Mr. Kanuha Approve: PC-74 Bill 200: AMENDS ORDINANCE NO. 04-110 WHICH RECLASSIFIED LANDS FROM OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL (MG-1 a) AT HONOKOHAU IST AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-4-008:013 AND 030 (Applicant: West Hawaii Business Park, LLQ (Area: 196.63 acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment to Condition K(Roadway Improvements). The amendment would increase the acreage of land that may be developed, from 10 acres to 48.4 acres, before the construction of Kamanu Street is required. Reference: Comm. 1098 Intr. by: Ms. Eoff(B/R) Approve: PC-75 Page 6 Hawai'i County Clerk 10/26/2018 03:13:47 PM Hawaii County Council-52 November 2,2018 Bill 201: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Adds the Parks and Recreation Island Wide Tennis Facilities Installation and Improvements—Private project for $100,000 to the Capital Budget. Funds for this project shall be provided from Private Contributions, from the United States Tennis Association. Reference: Comm. 1125 Intr. by: Ms. David (B/R) Approve: FC-150 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Bill 202: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Adds the Parks and Recreation Kealakehe Regional Park Master Plan—Fair Share project for $162,000 to the Capital Budget. Funds for this project shall be provided from Fair Share Contributions. Reference: Comm. 1126 Intr. by: Ms. David (B/R) Approve: FC-151 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Bill 206: 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— Sex Assault Kit Initiative (SAKI) Reviews of Cold Case and Domestic Violence Incidents Project account ($280,498); and appropriates the same to the SAKI Reviews of Cold Case and Domestic Violence Incidents Project account. Funds would be used by the Office of the Prosecuting Attorney. Reference: Comm. 1149 Intr. by: Ms. David (B/R) Waived: FC Page 7 Hawai'i County Clerk 10/26/2018 03:13:47 PM Hawaii County Council-52 November 2,2018 Bill 207: 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—Multi-Hazard Mitigation Plan Upgrade—Federal account ($114,750); and appropriates the same to the Multi-Hazard Mitigation Plan Upgrade—Federal account. Funds would be used by the Civil Defense Agency to support the County's Multi-Hazard Mitigation Plan Update. Reference: Comm. 1150 Intr. by: Ms. David (B/R) Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 189: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT WAIAKEA, SOUTH HILO, HAWAII TAX MAP KEYS: 2-4-001:177, 185, AND 186 (Applicant: Hawaii Island Community Development Corporation) (Area: approximately 9.379 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment for the Mohouli Heights Senior Neighborhood Project, which seeks to provide affordable housing and other related senior services in South Hilo. The properties are located 608 feet west of the intersection of Mohouli Street and Komohana Street. Reference: Comm. 1064 Intr. by: Ms. Eoff(B/R) First Reading: October 17, 2018 Bill 190: 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—Housing Choice Voucher Program account ($53,293); and appropriates the same to the Voucher Rental Subsidies account for a total appropriation of$18,948,293. Funds would be used for Housing Assistance Payment subsidies. Reference: Comm. 1075 Intr. by: Ms. David (B/R) First Reading: October 17, 2018 Page 8 Hawai'i County Clerk 10/26/2018 03:13:47 PM Hawaii County Council-52 November 2,2018 Bill 191: 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— State Homeland Security Program Fiscal Year 2018 account ($120,000); and appropriates the same to the State Homeland Security Program Fiscal Year 2018 account, for a total appropriation of $720,000. Funds would be used for retrofitting hurricane shelters and key County facilities, providing upgrades to the emergency operations center, to continue coordination and collaboration with the island's community, and to provide Community Emergency Response Team training. Reference: Comm. 1076 Intr. by: Ms. David (B/R) First Reading: October 17, 2018 Bill 203: 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— Sexual Assault Nurse Coordinator account ($623); and appropriates the same to the Sexual Assault Nurse Coordinator account. Funds would be used to improve the County's response and victim services involving crimes against women. Reference: Comm. 1128 Intr. by: Ms. David (B/R) First Reading: October 17, 2018 REPORTS PSMTC-13 NOMINATION OF JOAN OBRA TO THE POLICE COMMISSION (Comm. 1129): Requires Council Confirmation by: November 11, 2018 (Section 13-4(1), Hawaii County Charter) REFERRALS FOR EXECUTIVE SESSION Comm. 1134: CLAIM AGAINST THE COUNTY OF HAWAII/DEBBIE N. JITCHAKU From Deputy Corporation Counsel D. Kaena Horowitz, dated October 2, 2018, requesting an attorney-client confidential discussion to consult with the Council on a claim and complaint submitted by Attorney Robert Marx for Debbie N. Jitchaku. Page 9 Hawaii County Clerk 10/26/2018 03:13:47 PM Hawaii County Council-52 November 2, 2018 The Council anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities. 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. 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 October 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 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. Page 10 Hawaii County Clerk 10/26/2018 03:13:47 PM Hawaii County Council-52 November 2, 2018 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 counciltestimonyghawaiicounty.gov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestimonyghawaiicounty.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 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