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Home My WebLink AboutAGE COUNCIL 10/19/2011 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO I'ice Chairperson 29'x' Session INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE COUNTY COUNCIL County of Hawai`i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS Hawai`i County Council Council Room West Hawai`i Civic Center 74 -5044 Ane Keohokalole Highway, Building A Kona, Hawai`i Wednesday, October 19, 201 1 9:00 a.m. Reverend Tullos Jones of Kona Baptist Church FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-29 October 19, 2011 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES April 27 and May 17, 2011 COMMUNICATIONS Comm. 421: FORMATION OF AN AD HOC COMMITTEE RELATING TO RESOLUTION 321-10, DRAFT 2 (DESIGNATES A PORTION OF THE DISTRICT’S FUEL TAX ALLOCATION FOR A GRANT-IN-AID PROGRAM FOR NONPROFIT ORGANIZATIONS FOR THE PURPOSE OF ROAD MAINTENANCE FOR PRIVATE STREETS AND ROADWAYS) Resolution 321-10, Draft 2, was adopted at the Council’s August 18, 2010 meeting. Authorizes the formation of an ad hoc committee to set forth the process, general criteria, and qualifications of the grant-in-aid program. Waived: FC ORDER OF RESOLUTIONS Res. 160-11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HEALTH, ALCOHOL AND DRUG ABUSE DIVISION (ADAD), PURSUANT TO HRS 46-7, FOR A PROGRAM TO CONDUCT ENFORCEMENT OPERATIONS OF MINORS PURCHASING TOBACCO, FOR THE HAWAI‘I POLICE DEPARTMENT Funds would be used to support the Police Department’s efforts to conduct law enforcement operations of minors purchasing tobacco (by using plainclothes officers to observe purchase attempts by minor field researchers and to cite the retail store personnel making illegal sales to a minor). Re: Comm. 373 Intr. by: Ms. Ford Approve: FC-120 Res. 161-11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF TRANSPORTATION, PURSUANT TO HRS 46-7, FOR A DISTRACTED DRIVING PROJECT GRANT FOR THE HAWAI‘I COUNTY POLICE DEPARTMENT Funds would be used for the Police Department’s Distracting Driving Project. The goal of this project is to reduce the number of drivers using an electronic mobile device while operating a motor vehicle (by having additional checkpoints, issuing citations for non-compliance, and conducting a media campaign and/or by sending educational letters to registered vehicle owners regarding this matter). Re: Comm. 374 Intr. by: Ms. Ford Approve: FC-122 Page 2 Hawai‘i County Council-29 October 19, 2011 Res. 162-11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE U. S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA), PURSUANT TO HRS 46-7, TO SUPPORT AND PARTICIPATE IN THE HAWAI‘I AIRPORT TASK FORCE EFFORT Funds would be used by the Prosecuting Attorney’s Office to participate in the Hawai‘i Airport Task Force Program. The goal of this program is to disrupt narcotics and dangerous drug trafficking in Hawai‘i. Re: Comm. 378 Intr. by: Ms. Ford Approve: FC-127 Res. 163-11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HEALTH, SOLID AND HAZARDOUS WASTE BRANCH, HAZARDOUS WASTE SECTION (DOH), PURSUANT TO HRS 46-7, FOR A PROGRAM TO CONDUCT THE “HOUSEHOLD DO-IT-YOURSELFER” USED MOTOR OIL PROGRAM Funds would be used by the Environmental Management Department’s “Household Do-It- Yourselfer” used motor oil program and applied towards costs of equipment required for used oil collection and disposal, and for the operation of all collection centers including the transportation and disposal of used oil. Re: Comm. 379 Intr. by: Ms. Ford Approve: FC-129 Res. 164-11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPIER FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY Authorizes the Mayor to enter into a five-year lease agreement for one multi-functional copier at a cost not to exceed $400 per month, plus an amount not to exceed $0.03 for each black and white copy and $0.08 per color copy. Re: Comm. 380 Intr. by: Ms. Ford Approve: FC-131 Res. 165-11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A 1985 AM GENERAL CORPORATION, 5 TON CARGO TRUCK FOR USE BY THE HAWAI‘I FIRE DEPARTMENT’S VOLUNTEER FIRE PERSONNEL Donated by Anekona Ōuli Kānehoa VFD Company, the equipment will be used by the Fire Department’s 9 Bravo volunteer fire fighters in Kamuela in both training and fire suppression efforts (valued at $3,773.54). Re: Comm. 381 Intr. by: Ms. Ford Approve: FC-132 Page 3 Hawai‘i County Council-29 October 19, 2011 Res. 166-11: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I, BOARD OF LAND AND NATURAL RESOURCES, LEGACY LAND CONSERVATION COMMISSION, AND TO ACCEPT FUNDS FOR THE ACQUISITION OF KAIHOLENA, DISTRICT OF NORTH KOHALA, ISLAND OF HAWAI‘I Authorizes the Mayor to enter into an agreement with the State to accept funds for the acquisition of Kaiholena ($1,650,000), Tax Map Key parcels: (3)5-8-01:21, 22 and access parcel 25 comprising of 76.615 acres. Re: Comm. 383 Intr. by: Ms. Ford Approve: FC-134 Res. 167-11: REQUESTS THE HAWAI‘I COUNTY DEPARTMENT OF PUBLIC WORKS TO ESTABLISH A SUSTAINABLE HABITAT ORDINANCE The Sustainable Habitat Ordinance, in part, provides minimum requirements for the protection of life, limb, health, property, safety, and the welfare of the general public and the owners and occupants of dwellings and appurtenant structures through waiver or exemption from existing codes and the adoption of alternative standards. Permits the use of the ingenuity and preferences of individual owner/builders of dwellings on agricultural parcels in rural areas for owner occupancy, and also allows the use of substitute materials, procedures, and alternatives to the specifications prescribed by various and future international technical codes. Re: Comm. 385 Intr. by: Mr. Pilago Approve: PWPRC-51 Res. 170-11 (Draft 2): REQUESTS THE LEGISLATURE OF THE STATE OF HAWAI‘I TO ENACT A BILL TO ESTABLISH A PILOT PROGRAM FOR VOTE BY MAIL FOR ALL FEDERAL, STATE, AND COUNTY PRIMARY, GENERAL, AND SPECIAL ELECTIONS IN THE COUNTY OF HAWAI‘I, AND TO MAKE AN APPROPRIATION FOR THIS PILOT PROGRAM Requests the State Legislature to create a pilot program based on the current State of Oregon Vote By Mail program as the exclusive method for casting ballots in the County of Hawai‘i (beginning with the 2014 Primary Election and all other elections in the year 2014, all elections in 2016, and continuing through all elections including the General Election in 2018, if feasible, or as soon as possible thereafter). Also, requests that they appropriate the necessary funds to sustain this pilot program for its duration. Re: Comm. 390.2 Intr. by: Ms. Ford Approve: GRC-7 Page 4 Hawai‘i County Council-29 October 19, 2011 Res. 171-11: SUPPORTS THE ESTABLISHMENT OF A COMPLETE STREETS POLICY FOR THE COUNTY OF HAWAI‘I Complete streets are roadways designed, constructed, and maintained to enable safe, efficient, comfortable, and economical mobility and access for all users including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. Encourages the Public Works and Planning Department’s to continue working with the State of Hawai‘i and various community organizations to ensure the completion and implementation of a complete streets policy for the County (and shall submit a complete streets progress report as part of the County’s General Plan Annual Report). Re: Comm. 392 Intr. by: Mr. Yoshimoto Approve: PWPRC-52 ; and Comm. 392.5: From Council Member J Yoshimoto, dated October 5, 2011, transmitting a proposed amendment to Resolution 171-11 (amends the second “BE IT FURTHER RESOLVED” clause to state that the progress report be submitted to the County Council within six months of the adoption of this resolution). Res. 174-11: REQUESTS THE HAWAI‘I STATE DEPARTMENT OF HEALTH TO AMEND HAWAI‘I ADMINISTRATIVE RULES, SECTION 11-62-06, GENERAL REQUIREMENTS, TO ALLOW UP TO A TEN-YEAR EXEMPTION FROM CONNECTION TO A PUBLIC SEWER AFTER AN INDIVIDUAL WASTEWATER SYSTEM (IWS) IS INSTALLED Requests the Department of Health to amend Title 11, Chapter 62, Wastewater Systems, Section 11-62-06, General requirements, to provide for up to a ten-year exemption period before mandatory connection to a public or private sewer system is required (exemption period to commence from the date an IWS is installed). Re: Comm. 401 Intr. by: Ms. Ford Waived: GRC Res. 175-11: URGES THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) TO REQUEST THAT THE HAWAI‘I STATE DEPARTMENT OF HEALTH AMEND HAWAI‘I ADMINISTRATIVE RULES, TITLE 11, CHAPTER 62, SECTION 11-62-06, GENERAL REQUIREMENTS, TO ESTABLISH UP TO A TEN-YEAR EXEMPTION PERIOD TO CONNECT TO A PUBLIC OR PRIVATE SEWER SYSTEM AFTER INSTALLATION OF AN INDIVIDUAL WASTEWATER SYSTEM (IWS) Urges HSAC to request the Department of Health to amend Title 11, Chapter 62, Wastewater Systems, Section 11-62-06, General requirements, to provide for up to a ten-year exemption period before mandatory connection to a public or private sewer system is required (exemption period to commence from the date an IWS is installed). Re: Comm. 402 Intr. by: Ms. Ford Waived: GRC Page 5 Hawai‘i County Council-29 October 19, 2011 BILLS FOR ORDINANCES (FIRST READING) Bill 99: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY RELOCATING THE PROPOSED 60-FOOT WIDE RIGHT-OF-WAY CONNECTING ‘ĀKŌLEA ROAD AND ‘I‘IWIPŌLENA ROAD TO THE NORTH TO ALIGN WITH HALELOKE STREET IN THE VICINITY OF HILO HEIGHTS SUBDIVISION, ACCOMPANIED BY THE ADJUSTMENT OF ADJOINING ROADWAY CONNECTIONS AT PONOHAWAI, SOUTH HILO, HAWAI‘I The current 60-foot wide future road right-of-way straddles the common boundary between Hilo Heights Subdivision and ‘Ākōlea Plantation Subdivision, affecting those lots that adjoin this common boundary. The Planning Director recommends the elimination of this 60-foot right-of-way in favor of designating the existing Haleloke Street and its future extension to serve as the collector roadway connecting ‘Ākōlea Road and ‘I‘iwipōlena Road. Re: Comm. 367 Intr. by: Mr. Hoffmann Approve: PC-29 Bill 103: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in State Grants – Department of Health – Tobacco Sting ($8,000); and appropriates same to Department of Health – Tobacco Sting. Re: Comm. 373 Intr. by: Ms. Ford Approve: FC-121 Bill 104: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants – Distracted Driving Project ($25,278.40); and appropriates same to Distracted Driving Project. Re: Comm. 374 Intr. by: Ms. Ford Approve: FC-123 Page 6 Hawai‘i County Council-29 October 19, 2011 Bill 105: 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 – Traffic Investigation Program ($5,000); and appropriates same to Hawai‘i County Police Department (HCPD) Traffic Investigation Program. Funds would be used by the Police Department’s Traffic Investigation Program to allow two additional officers to attend Advance Traffic Reconstruction training in Honolulu (to improve speed and alcohol related fatal traffic crash investigations by providing additional training for members of their Traffic Enforcement Unit). Re: Comm. 375 Intr. by: Ms. Ford Approve: FC-124 Bill 106: 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 – Speed Enforcement Grant ($19,050); and appropriates same to Speed Enforcement. Funds would be used by the Police Department’s Speed Enforcement Program to purchase the following: On-site 350 radar trailer, Dell computer, and Stalker brand radar speed units Re: Comm. 376 Intr. by: Ms. Ford Approve: FC-125 Bill 107: 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 – Roadblock Grant ($49,000); and appropriates same to Hawai‘i County Police Department (HCPD) Roadblock Program. Funds would be used by the Police Department’s Roadblock Program for the following: 1) Purchase of Honda Tele-Lite TEU 1000D generator/spotlight, CMI Intoxilyzer 5000 EN, and Duro-Flash LED road flares; 2) Provide Department of Health Intoxilyzer Instructor training; and 3) Allow police officers to attend DRE training in Honolulu. Re: Comm. 377 Intr. by: Ms. Ford Approve: FC-126 Bill 108: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants – Hawai‘i Airport Task Force (HATF) ($17,300); and appropriates same to Hawai‘i Airport Task Force (HATF). Re: Comm. 378 Intr. by: Ms. Ford Approve: FC-128 Page 7 Hawai‘i County Council-29 October 19, 2011 Bill 109: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in State Grants – Used Oil Collection/Disposal ($15,000); and appropriates same to Used Oil Collection/Disposal. Re: Comm. 379 Intr. by: Ms. Ford Approve: FC-130 Bill 110: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Fund Balance Reserved for Liquor Control ($30,000) and appropriates same to Liquor Control – Other Current Expenses. Funds would be used by the Department of Liquor Control to give its investigators specialized non-aggressive self-defense training to aid them in controlling an intoxicated, aggressive person that may lead to possible violent situations. Re: Comm. 382 Intr. by: Ms. Ford Approved: FC-133 Bill 111: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Chapter 24, Article 10, Division 2, Section 24-265(b), by adding the following: “( ) Old Māmalahoa Highway, northbound approach to Bridge No. 29-2”; “( ) Old Māmalahoa Highway, southbound approach to bridge adjacent to parcels 3-5-9:19, 3-5-9:20, and 3-5-30:49”; and “( ) Old Māmalahoa Highway, westbound approach to Bridge No. 35-1.” (Amendments were based on a request by the Department of Public Work’s Engineering Division to assign right-of-way at the approaches to the subject one-lane bridges.) Re: Comm. 384 Intr. by: Mr. Blas Approve: PWPRC-50 Bill 112: AMENDS CHAPTER 14, GENERAL WELFARE, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RESTRICTING TRANSPORTING OF LIVING AXIS DEER INTO THE COUNTY OF HAWAI‘I Adds a new article to protect Hawai‘i Island’s native forests, private property, and agriculture industries from damages and adverse impacts that may be caused by the Axis Deer, and shall be unlawful for any person to transport living axis deer into Hawai‘i County (exempts the Pana‘ewa Rainforest Zoo). Any person in violation shall, upon conviction, be guilty of a misdemeanor and be sentenced to a fine of up to $2,000 or imprisonment for a period of up to one year or both. Re: Comm. 386 Intr. by: Mr. Yagong Approve: EMC-4 Page 8 Hawai‘i County Council-29 October 19, 2011 Bill 117: AMENDS ORDINANCE NO. 11-70, WHICH AMENDS CHAPTER 17 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PLUMBING Amends the following: 1) SECTION 3, Chapter 17, article 2, division 1, Section 17-13 “Nonliability of the County or its employee for damages,” subsection (b); 2) SECTION 4, Chapter 17, article 2, division 2, Section 17-16 “Work not requiring permit,” subsection (b); and SECTION 5, Chapter 17, article 2, division 2, Section 17-19 “Refunds.” Re: Comm. 399 Intr. by: Mr. Yagong Waived: PWPRC Bill 118: AMENDS ORDINANCE NO. 11-69, WHICH AMENDS CHAPTER 9 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ELECTRICITY Amends SECTION 2, Chapter 9, article 1, section 9-5, by amending the definition of “Authority Having Jurisdiction or AHJ” to ““Authority having jurisdiction” means the authorized representatives of the administrative authority” which are referenced throughout this chapter; Section 9-16.3 (Administrative enforcement) (c); Section 9-16.4 (Criminal prosecution) (d); and Section 9-20 (Rules; Adoption of rules by the board of appeals). Re: Comm. 404 Intr. by: Mr. Hoffmann Waived: PWPRC Bill 125: AMENDS ORDINANCE NO. 11-60, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 Adds Public Works: Ka‘ū High – Pāhala Elementary Gym and Civil Defense (CD) Shelter (State) ($17,900,000); funds shall be provided from State Grants Receivable ($17,900,000). Funds would be used for the design and construction of a new gymnasium/civil defense shelter on the ground of Ka‘ū High and Pāhala Elementary School. Re: Comm. 418 Intr. by: Ms. Ford (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 9 Hawai‘i County Council-29 October 19, 2011 Bill 126: AMENDS CHAPTER 14, GENERAL WELFARE, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AXIS DEER Adds a new article as a preemptive attempt to quell the negative effect that axis deer have in our County by prohibiting the transportation and harboring of axis deer. Any person in violation shall, upon conviction, be guilty of a misdemeanor, and sentenced to a fine of up to $2,000 or imprisonment for a period of up to one year or both. (The Pana‘ewa Rainforest Zoo is exempt from this article.) Re: Comm. 420 Intr. by: Mr. Yagong Waived: EMC ORDER OF THE DAY (SECOND OR FINAL READING) 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 First Reading: October 5, 2011 Note: Second 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 First Reading: October 5, 2011 Note: Second of two required readings, Section 101-13, Hawai‘i Revised Statutes Page 10 Hawai‘i County Council-29 October 19, 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 Second Rdg.: October 5, 2011 Note: Third 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 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) First Reading: October 5, 2011 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) First Reading: 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) First Reading: October 5, 2011 Page 11 Hawai‘i County Council-29 October 19, 2011 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) First Reading: October 5, 2011 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) First Reading: October 5, 2011 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) First Reading: 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) First Reading: October 5, 2011 Page 12 Hawai‘i County Council-29 October 19, 2011 Bill 98 (Draft 3): 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. Also, adds language relating to tow companies giving notice to registered owners and lien holders, any motor vehicle not recovered within 30 days of notification, community caretaking considerations, and the police department’s responsibility regarding the protection of a vehicle after the driver has been arrested. (The effective date is six months from the date this ordinance is passed.) Re: Comm. 356.8 Intr. by: Ms. Ford First Reading: October 5, 2011 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 First Reading: October 5, 2011 Page 13 Hawai‘i County Council-29 October 19, 2011 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 Held Over: October 5, 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 on September 21, 2011 and held over on October 5, 2011.) Postponed: September 21, 2011 Held over: October 5, 2011 ; and 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 Note: There was a pending (International Energy Conservation Code adopted). ( motion by Ms. Smart and duly seconded by Ms. Ford, to amend Bill 270, as amended, with the contents of Comm. 128.40; however, this motion was withdrawn by Ms. Smart at the Council meeting held on October 5, 2011.) Postponed: September 21, 2011 Held over: October 5, 2011 ; 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). Held over: October 5, 2011 ; and (Communication 128.74 continues on the next page.) Page 14 Hawai‘i County Council-29 October 19, 2011 Comm. 128.74: From Council Member Brittany Smart, dated October 4, 2011, transmitting proposed amendments to Bill 270, Draft 3. Amends the following: Section 5-11 (Duties of the Administrative Authority), subsection (1); Section 5-19 (Permit required), subsection (a)(4), and under “Exceptions”, subsections (5), (14), (18), and (19); Section 5-22 (Expiration), subsections (a) and (c); Section 5-41 (Inspection requests), subsection (d); deletes Section 5-61 (Criminal prosecution) and re-names it “Reserved”; Section 5-76 (Amendments to Appendix C; Group U-Agricultural Buildings), subsection C101.2, Section 1609.1.2 (Protection of openings), and 1609.1.2.1 (Building with openings); and adds Section 5-85 (Exemption from International Energy Conservation Code; as adopted and amended Non-conditioned R-3 structures are exempted from this article). Held over: October 5, 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. 128.74.) 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 17, 2011. Relay users please call 711(961-8255) to contact our office. Notice is hereby given that pursuant to Hawai‘i Revised Statutes (hereinafter “HRS”) §92-3.5, the Hawai‘i County Council will be conducting this meeting via videoconference. Council Members will be present at the following locations:  County Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401; and  Kona Council Room, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A. Page 15 Hawai‘i County Council-29 October 19, 2011 Public Attendance via Videoconference is available at the locations above and at the Waimea Council Office (Holomua Center, 64-1067 Māmalahoa Highway, Suite 5), and at the Pāhoa Council Office (Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 105), until 4:30 p.m., or later in the event public witness testimony has not been completed. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. 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: thndthth Wednesdays, October 26 and November 2 at 6 p.m.; Fridays, October 28 and November 4 at 12 p.m.; and thth Sundays, October 30 and November 6 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 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) TUESDAY, NOVEMBER 1, 2011 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, NOVEMBER 2, 2011 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, NOVEMBER 15, 2011 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A COUNCIL PUBLIC 5 P.M. WEST HAWAI‘I CIVIC CENTER HEARING RE BILL 17, āl 74-5044 Ane Keohokole Highway DRAFT 2 (PLASTIC BAG Building A REDUCTION) WEDNESDAY, NOVEMBER 16, 2011 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 16