HomeMy WebLinkAboutAGE COUNCIL 10/05/2011 2010-2012DOMINIC YAGONG
Chairperson and Presiding Officer
K. ANGEL PILAGO
Tice Chairperson
28`x' Session
INVOCATION
CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
ORDER OF BUSINESS
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i
Wednesday, October 5, 2011
8:00 a.m.
FRED BLAS
BRENDA FORD
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
BRITTANY SMART
J YOSHIMOTO
Pastor Bob Tominaga of Thy Word Ministries
rr.D
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawai`i County is an Equal Opportunity Provider and Employer.
Hawai‘i County Council-28 October 5, 2011
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
8:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
(NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR)
APPROVAL OF MINUTES
COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 130-11:
REQUESTS THE LEGISLATURE OF THE STATE OF HAWAI‘I TO AMEND
CHAPTER 188,
HAWAI‘I REVISED STATUTES BY ADDING A NEW SECTION
TO BE APPROPRIATELY DESIGNATED PROHIBITING THE SALE OF AQUATIC
LIFE FOR AQUARIUM PURPOSES AND AMEND EXISTING SECTION 188F-4
REGARDING THE WEST HAWAI‘I REGIONAL FISHERY MANAGEMENT
AREA PLAN AND SECTION 189-11 REGARDING RECEIPTS IN
DUPLICATE
Urges the Hawai‘i State Legislature to protect our reefs and its aquatic life by prohibiting
the sale of aquatic life to the aquarium trade in the State of Hawai‘i.
Re: Comm. 333
Intr. by: Ms. Ford
Approve: GRC-6
Res. 131-11: ACCEPTS THE DEDICATION OF A PORTION OF ROAD LOT R-1, BEING A
ND
PORTION OF TAX MAP KEY: (3)7-7-027:POR. 40, SITUATED AT LA‘ALOA 2
ST
AND KAPALAALAE 1, DISTRICT OF NORTH KONA, COUNTY AND STATE OF
HAWAI‘I (ALI‘I HEIGHTS, UNIT 1, PHASE II) FROM TOWNE KEAUHOU LLC
Accepts the dedication of Road Lot R-1, containing an area of 1.262 acres for public road
and drainage purposes. The improvements have been inspected and approved by the
Public Works Department, and received dedication approval from the Departments of
Planning, Environmental Management, and Water Supply.
Re: Comm. 334
Intr. by: Mr. Blas
Approve: PWPRC-36
; and
Comm. 334.1: From Assistant Corporation Counsel Katherine A. Garson, dated September 28, 2011,
stating that Resolution 131-11 contains the misspelled word “Kapalaalae”. The correct
spelling is “Kapalaalaea” (and requests that the correction be made throughout this
resolution).
Page 2
Hawai‘i County Council-28 October 5, 2011
Res. 132-11: ACCEPTS THE DEDICATION OF A PORTION OF ROAD LOT R-1, BEING A
ND
PORTION OF TAX MAP KEY: (3)7-7-027:POR. 40, SITUATED AT LA‘ALOA 2
ST
AND KAPALAALAE 1, DISTRICT OF NORTH KONA, COUNTY AND STATE OF
HAWAI‘I (ALI‘I HEIGHTS, UNIT 1, PHASE III) FROM TOWNE KEAUHOU LLC
Accepts the dedication of Road Lot R-1, containing an area of 1.468 acres for public road
and drainage purposes. The improvements have been inspected and approved by the
Public Works Department, and received dedication approval from the Departments of
Planning, Environmental Management, and Water Supply.
Re: Comm. 335
Intr. by: Mr. Blas
Approve: PWPRC-37
; and
Comm. 335.1: From Assistant Corporation Counsel Katherine A. Garson, dated September 28, 2011,
stating that Resolution 132-11 contains the misspelled word “Kapalaalae”. The correct
spelling is “Kapalaalaea” (and requests that the correction be made throughout this
resolution).
Res. 133-11: ACCEPTS THE DEDICATION OF A PORTION OF ROAD LOTS R-1 AND R-2,
BEING A PORTION OF TAX MAP KEY: (3)7-7-028:POR. 17, SITUATED AT
RDTHSTND
PAHOEHOE 3, PAHOEHOE 4, LA‘ALOA 1, LA‘ALOA 2 AND
ST
KAPALAALAE 1, DISTRICT OF NORTH KONA, COUNTY AND STATE OF
HAWAI‘I, (ALI‘I HEIGHTS, UNIT 2, PHASE I) FROM TOWNE KEAUHOU LLC
Accepts the dedication of Road Lots R-1 and R-2, containing an area of 1.525 and
1.403 acres, respectively, for public road and drainage purposes. The improvements have
been inspected and approved by the Public Works Department, and received dedication
approval from the Departments of Planning, Environmental Management, and Water
Supply.
Re: Comm. 336
Intr. by: Mr. Blas
Approve: PWPRC-38
; and
Comm. 336.1: From Assistant Corporation Counsel Katherine A. Garson, dated September 28, 2011,
stating that Resolution 133-11 contains the misspelled word “Kapalaalae”. The correct
spelling is “Kapalaalaea” (and requests that the correction be made throughout this
resolution).
Page 3
Hawai‘i County Council-28 October 5, 2011
Res. 134-11: ACCEPTS THE DEDICATION OF A PORTION OF ROAD LOTS R-1, R-2 AND R-3,
BEING A PORTION OF TAX MAP KEY: (3)7-7-028:POR. 17, SITUATED AT
RDTHSTND
PAHOEHOE 3, PAHOEHOE 4, LA‘ALOA 1, LA‘ALOA 2 AND
ST
KAPALAALAE 1, DISTRICT OF NORTH KONA, COUNTY AND STATE OF
HAWAI‘I, (ALI‘I HEIGHTS, UNIT 2, PHASE II) FROM TOWNE KEAUHOU LLC
Accepts the dedication of Road Lots R-1, R-2, and R-3, containing an area of 1.154 and
1.264 acres, and 11,275 square feet, respectively, for public road and drainage purposes.
The improvements have been inspected and approved by the Public Works Department,
and received dedication approval from the Departments of Planning, Environmental
Management, and Water Supply.
Re: Comm. 337
Intr. by: Mr. Blas
Approve: PWPRC-39
; and
Comm. 337.1: From Assistant Corporation Counsel Katherine A. Garson, dated September 28, 2011,
stating that Resolution 134-11 contains the misspelled word “Kapalaalae”. The correct
spelling is “Kapalaalaea” (and requests that the correction be made throughout this
resolution).
Res. 135-11: ACCEPTS THE DEDICATION OF A PORTION OF ROAD LOTS R-1, R-2, R-3, R-4
AND R-5, BEING A PORTION OF TAX MAP KEY: (3)7-7-029:POR. 31, SITUATED
STNDST
AT LA‘ALOA 1, LA‘ALOA 2 AND KAPALAALAE 1, DISTRICT OF NORTH
KONA, COUNTY AND STATE OF HAWAI‘I, (ALI‘I HEIGHTS, UNIT 2, PHASE III)
FROM TOWNE KEAUHOU LLC
Accepts the dedication of Road Lots R-1, R-2, R-3, R-4, and R-5, containing an area of
40,113 square feet, 40,901 square feet, 20,192 square feet, 14,303 square feet, and
8,567 square feet, respectively, for public road and drainage purposes. The improvements
have been inspected and approved by the Public Works Department, and received
dedication approval from the Departments of Planning, Environmental Management, and
Water Supply.
Re: Comm. 338
Intr. by: Mr. Blas
Approve: PWPRC-40
; and
Comm. 338.1: From Assistant Corporation Counsel Katherine A. Garson, dated September 28, 2011,
stating that Resolution 135-11 contains the misspelled word “Kapalaalae”. The correct
spelling is “Kapalaalaea” (and requests that the correction be made throughout this
resolution).
Page 4
Hawai‘i County Council-28 October 5, 2011
Res. 136-11: ACCEPTS THE DEDICATION OF A PORTION OF ROAD LOTS R-1, R-2 AND R-3,
BEING A PORTION OF TAX MAP KEY: (3)7-7-029:POR. 31, SITUATED AT
STNDST
LA‘ALOA 1, LA‘ALOA 2 AND KAPALAALAE 1, DISTRICT OF NORTH
KONA, COUNTY AND STATE OF HAWAI‘I, (ALI‘I HEIGHTS, UNIT 2, PHASE IV)
FROM TOWNE KEAUHOU LLC
Accepts the dedication of Road Lots R-1, R-2, and R-3, containing an area of
26,536 square feet, 29,367 square feet, and 9,629 square feet, respectively, for public road
and drainage purposes. The improvements have been inspected and approved by the
Public Works Department, and received dedication approval from the Departments of
Planning, Environmental Management, and Water Supply.
Re: Comm. 339
Intr. by: Mr. Blas
Approve: PWPRC-41
; and
Comm. 339.1: From Assistant Corporation Counsel Katherine A. Garson, dated September 28, 2011,
stating that Resolution 136-11 contains the misspelled word “Kapalaalae”. The correct
spelling is “Kapalaalaea” (and requests that the correction be made throughout this
resolution).
Res. 137-11: ACCEPTS THE DEDICATION OF A PORTION OF ROAD LOTS R-1 AND R-2,
BEING A PORTION OF TAX MAP KEY: (3)7-7-029:POR. 31, SITUATED AT
STNDST
LA‘ALOA 1, LA‘ALOA 2 AND KAPALAALAE 1, DISTRICT OF NORTH
KONA, COUNTY AND STATE OF HAWAI‘I, (ALI‘I HEIGHTS, UNIT 2, PHASE V)
FROM TOWNE KEAUHOU LLC
Accepts the dedication of Road Lots R-1 and R-2, containing an area of 22,109 and
40,175 square feet, respectively, for public road and drainage purposes. The
improvements have been inspected and approved by the Public Works Department, and
received dedication approval from the Departments of Planning, Environmental
Management, and Water Supply.
Re: Comm. 340
Intr. by: Mr. Blas
Approve: PWPRC-42
; and
Comm. 340.1: From Assistant Corporation Counsel Katherine A. Garson, dated September 28, 2011,
stating that Resolution 137-11 contains the misspelled word “Kapalaalae”. The correct
spelling is “Kapalaalaea” (and requests that the correction be made throughout this
resolution).
Page 5
Hawai‘i County Council-28 October 5, 2011
Res. 141-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $750 TO
THE HAWAI‘I POLICE DEPARTMENT TO BE USED TOWARDS TRAINING AND
TRANSPORTATION COSTS OF A CANINE TRAINER
Donated by the Children’s Justice Grant Task Force of West Hawai‘i, the funds would be
used by the Police Department to cover training and transportation costs associated with
bringing a canine trainer to Hilo to work with a dog and handler.
Re: Comm. 346
Intr. by: Ms. Ford (B/R)
Approve: FC-105
Res. 142-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $750 TO
THE HAWAI‘I POLICE DEPARTMENT TO BE USED TOWARDS TRAINING AND
TRANSPORTATION COSTS OF A CANINE TRAINER
Donated by Friends of the Children’s Justice Center, East Hawai‘i, the funds would be
used by the Police Department to cover training and transportation costs associated with
bringing a canine trainer to Hilo to work with a dog and handler.
Re: Comm. 347
Intr. by: Ms. Ford (B/R)
Approve: FC-107
Res. 143-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $750 TO
THE HAWAI‘I POLICE DEPARTMENT TO BE USED TOWARDS TRAINING AND
TRANSPORTATION COSTS OF A CANINE TRAINER
Donated by the Children’s Justice Grant Task Force of East Hawai‘i, the funds would be
used by the Police Department to cover training and transportation costs associated with
bringing a canine trainer to Hilo to work with a dog and handler.
Re: Comm. 348
Intr. by: Ms. Ford (B/R)
Approve: FC-109
Res. 144-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $750 TO
THE HAWAI‘I POLICE DEPARTMENT TO BE USED TOWARDS TRAINING AND
TRANSPORTATION COSTS OF A CANINE TRAINER
Donated by the Friends of the Children’s Justice Center, West Hawai‘i, the funds would
be used by the Police Department to cover training and transportation costs associated
with bringing a canine trainer to Hilo to work with a dog and handler.
Re: Comm. 349
Intr. by: Ms. Ford (B/R)
Approve: FC-111
Page 6
Hawai‘i County Council-28 October 5, 2011
Res. 145-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $500 TO
THE HAWAI‘I POLICE DEPARTMENT TO BE USED TOWARDS TRAINING AND
TRANSPORTATION COSTS OF A CANINE TRAINER
Donated by the Kona Crime Prevention Committee, the funds would be used by the Police
Department to cover training and transportation costs associated with bringing a canine
trainer to Hilo to work with a dog and handler.
Re: Comm. 350
Intr. by: Ms. Ford (B/R)
Approve: FC-113
Res. 146-11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TEN BINOCULARS FOR
THE HAWAI‘I POLICE DEPARTMENT
Donated by the U. S. Department of Homeland Security, U. S. Immigration and Customs
Enforcement, the binoculars would be used by the Police Department to assist with covert
operations (estimated value of $3,670).
Re: Comm. 351
Intr. by: Ms. Ford (B/R)
Approve: FC-115
Res. 147-11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF
MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO FIRE
APPARATUS (FIRE TRUCKS) FOR THE HAWAI‘I FIRE DEPARTMENT
Authorizes the Mayor to enter into a five-year lease agreement for two fire apparatus
(estimated lease cost is $23,500 per month or $282,000 annually). These apparatus are to
replace Engine 3 and Engine 4 located at the Kawailani Fire Station and Kaumana Fire
Station, respectively.
Re: Comm. 353
Intr. by: Ms. Ford (B/R)
Approve: FC-117
; and
Comm. 353.1: From Chairperson Dominic Yagong, dated September 22, 2011, transmitting proposed
amendments to Resolution 147-11 (amends the lease cost amount of $23,500 to $16,400
per month and the annual cost amount of $282,000 to $196,800).
Res. 148-11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF
MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL
PROPERTY
Authorizes the Mayor to enter into a two-year lease agreement for property located at
81-6394 Māmalahoa Highway, Kona, Tax Map Key: (3)8-1-016:039(por.) and the use of
a 40-foot storage container located on the site for the purpose of parking vehicles, and for
the storage of equipment and supplies by the Public Works Department’s Traffic Division.
Re: Comm. 354
Intr. by: Ms. Ford (B/R)
Approve: FC-118
Page 7
Hawai‘i County Council-28 October 5, 2011
Res. 149-11: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT
DOMAIN, TAX MAP KEY: (3)7-7-008-120(PORTION), SITUATED AT PAHOEHOE
ND
2, DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAI‘I, FOR THE
LA‘ALOA AVENUE EXTENSION PROJECT
Authorizes the Corporation Counsel to initiate proceedings in eminent domain for the
taking, acquisition, and condemnation of private property; and to negotiate terms of
settlement in accordance with the approval of the court before which such proceedings are
prosecuted. (The County will be constructing a roadway extension of La‘aloa Avenue to
Kuakini Highway, containing approximately 1.487 acres.)
Re: Comm. 357
Intr. by: Mr. Blas
Approve: PWPRC-43
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
Res. 150-11: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT
DOMAIN, TAX MAP KEY: (3)7-7-008-114(PORTION), SITUATED AT PAHOEHOE
st
1, DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAI‘I, FOR THE
LA‘ALOA AVENUE EXTENSION PROJECT
Authorizes the Corporation Counsel to initiate proceedings in eminent domain for the
taking, acquisition, and condemnation of private property; and to negotiate terms of
settlement in accordance with the approval of the court before which such proceedings are
prosecuted. (The County will be constructing a roadway extension of La‘aloa Avenue to
Kuakini Highway, containing approximately 2.710 acres.)
Re: Comm. 358
Intr. by: Mr. Blas
Approve: PWPRC-44
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
Res. 151-11: ACCEPTS A BILL OF SALE FOR SEWER FACILITIES FOR ALI‘I HEIGHTS
SUBDIVISION, UNIT 2, PHASES I THRU V, DISTRICT OF NORTH KONA, ISLAND
OF HAWAI‘I, STATE OF HAWAI‘I, FROM TOWNE KEAUHOU LLC
Towne Keauhou LLC is the owner of the sanitary sewer system, including all sanitary
sewer pipelines, equipment, structures, and other related facilities/appurtenances, and is
desirous of granting the County the sewer facilities which are found on the premises
described in Exhibit A and depicted on Exhibits B-1 thru B-5 (which are attached to this
resolution).
Re: Comm. 360
Intr. by: Mr. Blas
Approve: PWPRC-45
Page 8
Hawai‘i County Council-28 October 5, 2011
Res. 152-11: ACCEPTS A BILL OF SALE FOR SEWER FACILITIES FOR ALI‘I HEIGHTS
SUBDIVISION, UNIT 1, PHASES I THRU III, DISTRICT OF KONA, ISLAND OF
HAWAI‘I, STATE OF HAWAI‘I, FROM TOWNE KEAUHOU LLC
Towne Keauhou LLC is the owner of the sanitary sewer system, including all sanitary
sewer pipelines, equipment, structures, and other related facilities/appurtenances, and is
desirous of granting the County the sewer facilities which are found on the premises
described in Exhibit A and depicted on Exhibits B-1 thru B-3 (which are attached to this
resolution).
Re: Comm. 361
Intr. by: Mr. Blas
Approve: PWPRC-46
Res. 153-11: ACCEPTS GRANT OF EASEMENT AND BILL OF SALE FOR SEWER FACILITIES
FOR ALI‘I HEIGHTS SUBDIVISION, UNIT 1, PHASES I THRU III, DISTRICT OF
KONA, ISLAND OF HAWAI‘I, STATE OF HAWAI‘I, FROM TOWNE
KEAUHOU LLC
Towne Keauhou LLC is the owner of certain easements, as well as the sanitary sewer
system, including all sanitary sewer pipelines, equipment, structures, and other related
facilities/appurtenances, and is desirous of granting the County the easements and sewer
facilities which are found on the premises described in Exhibit A and depicted on
Exhibits B-1 thru B-3 (which are attached to this resolution).
Re: Comm. 362
Intr. by: Mr. Blas
Approve: PWPRC-47
Res. 154-11: ACCEPTS GRANT OF EASEMENT AND BILL OF SALE FOR SEWER FACILITIES
FOR ALI‘I HEIGHTS SUBDIVISION, UNIT 2, PHASE II (ROAD LOT R-5),
DISTRICT OF NORTH KONA, ISLAND OF HAWAI‘I, STATE OF HAWAI‘I, FROM
TOWNE KEAUHOU LLC
Towne Keauhou LLC is the owner of Road Lot R-5, as well as the sanitary sewer system,
including all sanitary sewer pipelines, equipment, structures, and other related
facilities/appurtenances, and is desirous of granting the County the easements and sewer
facilities which are found on the premises described in Exhibit A and depicted on
Exhibit B-1 (which is attached to this resolution).
Re: Comm. 363
Intr. by: Mr. Blas
Approve: PWPRC-48
Page 9
Hawai‘i County Council-28 October 5, 2011
Res. 156-11: REQUESTS THAT THE LEGISLATURE OF THE STATE OF HAWAI‘I AMEND
CHAPTER 244D, SECTION 244D-4, HAWAI‘I REVISED STATUTES, RELATING
TO INCREASING THE GALLONAGE TAX ON LIQUOR
Supports a 30 percent increase of the gallonage tax on liquor as an additional source of
revenue that would benefit all counties of the State of Hawai‘i (set forth in Exhibit A).
Revenues received from this tax shall be placed in a special fund by each county, and the
increased tax revenue collected shall be reimbursed to the counties; however, fines on the
increased tax revenue shall be retained for collection expense by the State of Hawai‘i.
Re: Comm. 365
Intr. by: Ms. Ford
Waived: GRC
Res. 157-11: REQUESTS THAT THE HAWAI‘I STATE ASSOCIATION OF COUNTIES SUBMIT
WITH ITS 2012 LEGISLATIVE PACKAGE TO THE STATE LEGISLATURE AN
AMENDMENT TO CHAPTER 244D, SECTION 244D-4, HAWAI‘I REVISED
STATUTES, RELATING TO INCREASING THE GALLONAGE TAX ON LIQUOR
Supports a 30 percent increase of the gallonage tax on liquor as an additional source of
revenue that would benefit all counties of the State of Hawai‘i (set forth in Exhibit A).
Revenues received from this tax shall be placed in a special fund by each county, and the
increased tax revenue collected shall be reimbursed to the counties; however, fines on the
increased tax revenue shall be retained for collection expense by the State of Hawai‘i.
Re: Comm. 366
Intr. by: Ms. Ford
Waived: GRC
Res. 158-11: A RESOLUTION TO THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC)
URGING IT TO INCLUDE AS PART OF ITS 2012 LEGISLATIVE PACKAGE A
REQUEST TO REVISE AND CLARIFY AGRICULTURAL PRODUCT BRANDING
AND COUNTRY OR REGION OF ORIGIN LABELING, AS PROVIDED IN
CHAPTER 486 OF THE HAWAI‘I REVISED STATUTES
HSAC shall forward the bill (Exhibit A, which is attached to this resolution) to the State
Legislature which amends Chapter 486 of the Hawai‘i Revised Statutes, to strengthen its
statutory requirements to protect the agricultural industry with State legislation serving as
a basis for Federal legislation to protect the Hawai‘i and Hawaiian geographic names in
consumer outlets on the mainland United States and in foreign countries.
Re: Comm. 370
Intr. by: Ms. Ford
Waived: GRC
Page 10
Hawai‘i County Council-28 October 5, 2011
Res. 159-11: URGES THE HAWAI‘I STATE LEGISLATURE TO REVISE AND CLARIFY
AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF
ORIGIN LABELING, AS PROVIDED IN CHAPTER 486 OF THE HAWAI‘I REVISED
STATUTES
Urges the State Legislature to consider and pass the draft bill (Exhibit A, which is attached
to this resolution) which would amend Chapter 486 of the Hawai‘i Revised Statutes, to
strengthen its statutory requirements to protect the agricultural industry with State
legislation serving as a basis for Federal legislation to protect the Hawai‘i and Hawaiian
geographic names in consumer outlets on the mainland United States and in foreign
countries.
Re: Comm. 371
Intr. by: Ms. Ford
Waived: GRC
Res. 168-11: REQUESTS THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) TO
INCLUDE IN ITS 2012 LEGISLATIVE PACKAGE AN AMENDMENT TO THE
HAWAI‘I REVISED STATUTES (HRS), SECTION 802-4, BY AMENDING THE
DEFINITION OF “INDIGENCY” AND “PARTIAL INDIGENCY” FOR CRIMINAL
DEFENDANTS AND ESTABLISH CRITERIA TO CLEARLY DELINEATE
CIRCUMSTANCES IN WHICH COURT-APPOINTED COUNSEL IS NECESSARY
Requests HSAC to include in its 2012 Legislative Package an amendment to HRS 802-4.
(Amending Section 802-4 of the Hawai‘i Revised Statutes would create a more defined
and regulated system, and would streamline the process of determining indigency,
ensuring that the constitutional rights of indigent people are met equitably.)
Re: Comm. 387
Intr. by: Ms. Ford
Waived: GRC
Res. 169-11: ENCOURAGES THE HAWAI‘I STATE LEGISLATURE TO AMEND THE HAWAI‘I
REVISED STATUTES (HRS), SECTION 802-4, REGARDING THE DEFINITION OF
“INDIGENCY” AND “PARTIAL INDIGENCY” FOR CRIMINAL DEFENDANTS
AND ESTABLISH CRITERIA TO CLEARLY DELINEATE CIRCUMSTANCES IN
WHICH COURT-APPOINTED COUNSEL IS NECESSARY
Encourages the State Legislature to amend Section 802-4 of the HRS. (Amending Section
802-4 of the Hawai‘i Revised Statutes would create a more defined and regulated system,
and would streamline the process of determining indigency, ensuring that the
constitutional rights of indigent people are met equitably.)
Re: Comm. 388
Intr. by: Ms. Ford
Waived: GRC
Page 11
Hawai‘i County Council-28 October 5, 2011
Res. 172-11: SUPPORTS THE USE OF TRANSPORTATION INVESTMENT GENERATING
ECONOMIC RECOVERY (TIGER) FUNDS TO ENSURE THE SADDLE ROAD
PROJECT IS COMPLETED
Supports the use of TIGER funds to be expended on the completion of the Saddle Road
project. (The deadline to request TIGER grant program funding is October 31, 2011.)
Re: Comm. 393
Intr. by: Mr. Hoffmann
Waived: FC
Res. 173-11: URGES THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) TO
INCLUDE IN THEIR 2012 LEGISLATIVE PACKAGE A REQUEST TO THE STATE
LEGISLATURE TO ESTABLISH A PILOT PROGRAM FOR VOTE BY MAIL
THROUGHOUT THE STATE OF HAWAI‘I FOR ALL FEDERAL, STATE, AND
COUNTY PRIMARY, GENERAL, AND SPECIAL ELECTIONS, AND TO MAKE AN
APPROPRIATION FOR THIS PILOT PROGRAM
Urges HSAC to request the State Legislature to create a Vote By Mail pilot program.
(Creation of a pilot program shall be the exclusive method for casting ballots in the State
of Hawai‘i. The program will begin with the 2012 Primary Election and all other elections
in the year 2012, all elections in 2014, and continuing through all elections including the
General Election in 2016, if feasible, or if 2012 is too soon to begin the change, then as
soon as possible thereafter.)
Re: Comm. 395
Intr. by: Ms. Ford
Waived: GRC
BILLS FOR ORDINANCES (FIRST READING)
Bill 91: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2012
Increases revenues in Contribution from Private Source ($750); and appropriates same to
Miscellaneous Police – Training Account.
Re: Comm. 346
Intr. by: Ms. Ford (B/R)
Approve: FC-106
Bill 92: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2012
Increases revenues in Contribution from Private Source ($750); and appropriates same to
Miscellaneous Police – Training Account.
Re: Comm. 347
Intr. by: Ms. Ford (B/R)
Approve: FC-108
Page 12
Hawai‘i County Council-28 October 5, 2011
Bill 93: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2012
Increases revenues in Contribution from Private Source ($750); and appropriates same to
Miscellaneous Police – Training Account.
Re: Comm. 348
Intr. by: Ms. Ford (B/R)
Approve: FC-110
Bill 94: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2012
Increases revenues in Contribution from Private Source ($750); and appropriates same to
Miscellaneous Police – Training Account.
Re: Comm. 349
Intr. by: Ms. Ford (B/R)
Approve: FC-112
Bill 95: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2012
Increases revenues in Contribution from Private Source ($500); and appropriates same to
Miscellaneous Police – Training Account.
Re: Comm. 350
Intr. by: Ms. Ford (B/R)
Approve: FC-114
Bill 96: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2012
Increases revenues in Federal Grant – Coastal Zone Management (CZM) ($15,413); and
appropriates same to CZM. Funds would be used for the CZM program (for the purpose
of management of Hawai‘i Islands coastal zones as well as implementation and
monitoring for compliance with Planning Department Rule for Shoreline Setbacks,
Public Access and Environmental Assessment/Impact).
Re: Comm. 352
Intr. by: Ms. Ford (B/R)
Approve: FC-116
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Hawai‘i County Council-28 October 5, 2011
Bill 97: AMENDS CHAPTER 12, ARTICLE 4 OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION, AS AMENDED), RELATING TO FINANCE AND PAYMENT
Clarifies the uses of the various funds as discussed in Chapter 12 relating to
Improvement Districts. (Addresses the appropriate uses of the improvement district
revolving fund and the changes allow for the advance payment of pre-formation costs,
which are expected to be reimbursed when the bonds are issued after the improvement
district is formed. Also, clarifies that the administrative fees currently collected are used
for administrative costs.)
Re: Comm. 355
Intr. by: Ms. Ford (B/R)
Approve: FC-119
Bill 98 (Draft 2): AMENDS CHAPTER 24, ARTICLE 2, SECTION 24-12 OF THE HAWAI‘I COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND
TRAFFIC
Changes the policy of the Police Department regarding citing or arresting any driver for
the following traffic violations, may have the motor vehicle towed to a private tow yard
at the registered owner’s expense: Driving without a license; driving while license is
suspended or revoked; operating a vehicle under the influence of an intoxicant; habitually
operating a vehicle under the influence of an intoxicant; operating a vehicle after license
and privilege has been suspended or revoked for operating a vehicle under the influence
of an intoxicant; operating a vehicle after consuming a measurable amount of alcohol,
persons under the age of 21; or fraudulent use of plates, tags, or emblems.
Re: Comm. 356.4
Intr. by: Ms. Ford
Approve: PWPRC-49
; and
Comm. 356.5: From Council Member Brenda J. Ford, dated September 28, 2011, transmitting proposed
amendments to Bill 98, Draft 2. The amendments adds language to the purpose, and
names the collective violations in Subsection (b) as “Aliyah’s Law”; adds the word
“while” in appropriate sentences; and corrects the Hawai‘i Revised Statutes (HRS) code
reference in Section 24-12(b)(6) to HRS 291E-64.
Bill 113: AMENDS CHAPTER 2, CHAPTER 4, CHAPTER 14, CHAPTER 23, AND CHAPTER
25, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING
TO NON-SUBSTANTIVE REVISIONS PER AMENDMENTS TO THE HAWAI‘I
COUNTY CHARTER
Amends various chapters of the Hawai‘i County Code to align the Code with the Hawai‘i
County Charter, which was most recently amended by the electorate on November 2,
2010. The amendments update the names of County departments and officials, and
correct references to sections of the Charter that have become obsolete due to
amendments approved by the electorate (amendments are “housekeeping” by nature and
not intended to alter the substantive provisions of the Code).
Re: Comm. 394
Intr. by: Mr. Yagong
Waived: GRC
Page 14
Hawai‘i County Council-28 October 5, 2011
ORDER OF THE DAY (SECOND OR FINAL READING)
Res. 128-11: AUTHORIZES THE ACQUISITION OF EASEMENTS IN PRIVATE PROPERTY BY
EMINENT DOMAIN, TAX MAP KEY: (3)4-5-002-061, SITUATED AT NAMOKU
AND HAINA, DISTRICT OF HĀMĀKUA, COUNTY AND STATE OF HAWAI‘I,
FOR ROAD AND UTILITY PURPOSES FOR THE HONOKA‘A WASTEWATER
TREATMENT PLANT
Authorizes the Corporation Counsel to initiate proceedings in eminent domain for the
taking, acquisition, and condemnation of the easements in private property; and to
negotiate terms of settlement in accordance with the approval of the court before which
such proceedings are prosecuted, not to exceed the appraised values of $5,984 for
Easement “E-1” (0.477 acre) and $2,342 for Easement “A” (0.256 acre).
Re: Comm. 325
Intr. by: Ms. Ford
First Reading: September 21, 2011
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
Bill 82: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5 OF THE HAWAI‘I COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING
Amends Chapter 24, Article 10, Division 5, Section 24-280, Schedule 28 (no parking at
any time), subsection (c), South Hilo, by adding: “East Puainako Street, south side, from
Pilipaa Street to Ohuohu Street.” (Amendment based on a request to enhance vehicular
and pedestrian safety in the area.)
Re: Comm. 308
Intr. by: Mr. Blas
First Reading: September 21, 2011
Bill 83: DESIGNATES TAX MAP KEYS (3)2-4-060:001 AND (3)2-4-029:028 AS
“MACHADO ACRES PARK” PURSUANT TO CHAPTER 15, ARTICLE 8, SECTION
15-67, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) AND
AMENDING CHAPTER 15, ARTICLE 8, SECTION 15-68.1, HAWAI‘I COUNTY
CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING “MACHADO ACRES
PARK” TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE
Designates the name “Machado Acres Park” to the open area situated at Waiākea, South
Hilo, pursuant to Chapter 15, which provides that an “open area” shall be named for its
neighborhood, community, region, district or other identifying geographical location.
Re: Comm. 317
Intr. by: Mr. Yoshimoto
First Reading: September 21, 2011
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Hawai‘i County Council-28 October 5, 2011
Bill 84: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6 OF THE HAWAI‘I COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO LOADING ZONES
Amends Chapter 24, Article 10, Division 6, Section 24-288.1, Schedule 36.1 (active
loading and unloading zones), subsection (c), South Hilo, by adding: “( )Kīlauea
Avenue, southwest side, beginning from a point thirty feet southeast of Wilson Street and
extending forty feet in the southeasterly direction, from 7:00 a.m. to 6:00 p.m.”
(Amendment based on an identified need for a short-term loading zone in the area.)
Re: Comm. 319
Intr. by: Mr. Blas
First Reading: September 21, 2011
Bill 85: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5 OF THE HAWAI‘I COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING
Amends Chapter 24, Article 10, Division 5, Section 24-281, Schedule 29 (parking
prohibited during certain hours on certain streets; tow-away zone), subsection (c), South
Hilo, by adding the following: “(29) Derby [Street] Lane, except for northeast side, from
Wilson Street to southeastern terminus, [between the hours of] from 7:00 p.m. to 7:00
a.m.”; “(30) Wilson Street, except for northwest side, between Kīlauea Avenue and
Derby Lane, [between the hours of] from 7:00 p.m. to 7:00 a.m.”; “( ) Wilson Street,
northwest side, from a point thirty feet southwest of Kīlauea Avenue to a point thirty feet
northeast of Derby Lane, from 10:00 p.m. to 5:00 a.m.; and “ ( ) Derby Lane, northeast
side, from a point thirty feet southeast of Wilson Street and extending forty-five feet in
the southeasterly direction, from 10:00 p.m. to 5:00 a.m.” (Amendment was generated
based on a request to address parking needs in the area.)
Re: Comm. 320
Intr. by: Mr. Blas
First Reading: September 21, 2011
Bill 86: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2012
Increases revenues in Federal Grants – Hawai‘i Impact Grant ($51,607); and appropriates
same to Federal Grants – Hawai‘i Impact Grant.
Re: Comm. 324
Intr. by: Ms. Ford
First Reading: September 21, 2011
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Hawai‘i County Council-28 October 5, 2011
Bill 87: INITIATES A CHARTER AMENDMENT TO ARTICLE X, FINANCIAL
PROCEDURES, SECTION 10-15, OF THE HAWAI‘I COUNTY CHARTER
(2010 EDITION), REGARDING THE PUBLIC ACCESS, OPEN SPACE, AND
NATURAL RESOURCES PRESERVATION FUND
Amendments relate to the following: Appropriates funds to the operating budget a
minimum of two percent of the certified real property tax revenues, including penalty and
interest; funding shall consist of a minimum of two percent of actual revenue received in
the fiscal year; and adds language relating to what the funds shall and shall not be used
for, matching funds, and restrictive covenants regarding land and easement acquired
through this fund.
Re: Comm. 327
Intr. by: Ms. Ford
First Reading: September 21, 2011
Note: Second of three required readings, pursuant to
Section 15-1(a), Hawai‘i County Charter, a 2/3
vote of the entire membership is required to pass
each reading
Bill 270 (Draft 3): REPEALS CHAPTER 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005
(2008-2010) EDITION, AS AMENDED), TO BE REPLACED BY A NEW CHAPTER 5,
RELATING TO BUILDING
The State Building Code Council has reviewed and proposed the adoption of the
2006 International Building Code (IBC) with amendments. (Repeals Chapter 5 of
the Hawai‘i County Code (Building) and replaces it with a new Chapter 5.)
Re: Comm. 128.2
Intr. by: Mr. Yagong
Postponed: September 9, 2010
March 16, 2011:Recommits Bill 270, Draft 2, to the Public Works and
Parks and Recreation Committee
First Rdg.: July 7, 2011
Second Rdg.: July 22, 2011
Reconsidered: August 17, 2011
Postponed: September 21, 2011
(Note: There is a pending motion by Ms. Ford and duly seconded by
Mr. Pilago to approve Bill 270, as amended.)
; and
Comm. 128.39 From Public Works Deputy Director Brandon A. K. Gonzalez, dated September 16,
2011, providing an update and material regarding the passage of Bill 270, Draft 3.
Postponed: September 21, 2011
; and
(Communication 128.40 continues on the next page.)
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Hawai‘i County Council-28 October 5, 2011
Comm. 128.40 From Council Member Brittany Smart, dated September 21, 2011, transmitting
proposed amendments to Bill 270, Draft 3. Amends the following: Section 5-19
(Permit required), Section 5-22 (Expiration), deletes Section 5-61 (Criminal
prosecution), Section 5-76 (Amendments to Appendix C; Group U-Agricultural
Buildings), Section 1609.1.2 (Protection of openings), and Section 5-84
(International Energy Conservation Code adopted).
Postponed: September 21, 2011
(Note: There is a pending motion by Ms. Smart and duly seconded by
Ms. Ford, to amend Bill 270, as amended, with the contents of Comm. 128.40.)
; and
Comm. 128.54: From Public Works Director Warren H. W. Lee, dated September 28, 2011,
transmitting Attachments 1, 2, and 3, which were inadvertently not included with
th
their September 16 submittal (reference Comm. 128.39).
REPORTS
REFERRALS FOR EXECUTIVE SESSION
A 2/3 vote pursuant to HRS Section 92-4 and Rules 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 place is accessible for persons with disabilities. Persons who need special accommodations for this
meeting should call 961-8255 by October 3, 2011. Relay users please call 711(961-8255) to contact our office.
Public Attendance via Videoconference is available at the following locations:
Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A
Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5
Pāhoa Council Office, Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 105
If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the
scheduled meeting will continue.
Page 18
Hawai‘i County Council-28 October 5, 2011
Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at
http://co.hawaii.hi.us/council/agendas_and_actions.htm. For further information, please call 961-8255.
fourteen (14)
Submitting Testimony: Those submitting written testimony at the meeting should bring copies for
before 12:00 noon on the business day prior to the
distribution. Public testimony may also be submitted
meeting
:(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by
Please submit separate
facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@co.hawaii.hi.us.
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52:
thththstth
Wednesdays, October 12 and 19 at 6 p.m.; Fridays, October 14 and 21 at 12 p.m.; and Sundays, October 16
rd
and 23 at 9 a.m. (These airtimes are subject to preemption by broadcasts from the State Legislature, and are
subject to change by Na Leo ‘O Hawai‘i. Please check the current legislative broadcast schedule on the Na Leo
‘O Hawai‘i website at http://www.naleo.tv/schedule.)
UPCOMING MEETINGS
TUESDAY, OCTOBER 18, 2011
COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
WEDNESDAY, OCTOBER 19, 2011
COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
THURSDAY, OCTOBER 27 2011
COUNCIL PUBLIC 5 P.M. PĀPA‘ALOA GYM
HEARING RE BILL 17, 35-1994 Government Main Road,
DRAFT 2 (PLASTIC BAG Pāpa‘aloa
REDUCTION)
Page 19