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Home My WebLink AboutAGE COUNCIL 04/17/2012 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Vice- Chairperson 41S` Session INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Tuesday, April 17, 2012 11:00 a.m. FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO Pastor Richard Ragle of the Hilo Church of the Nazarene C_3 (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-41 April 17, 2012 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 11:00 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 Comm. 640: NOMINATION OF MS. OSHI SIMSARIAN TO THE PUNA COMMUNITY DEVELOPMENT PLAN (CDP) ACTION COMMITTEE From Mayor Billy Kenoi, dated March 22, 2012, requesting the Council’s favorable consideration of the above appointment. ; and Comm. 640.1: From Planning Committee Chair Pete Hoffmann, dated April 11, 2012, requesting that the above matter be waived to the full Council for immediate action. Comm. 660: REQUESTS A DISCUSSION REGARDING ORDINANCE NO. 12-35 REGARDING AN EMERGENCY ORDINANCE THAT FINDS AND DECLARES THAT A PUBLIC HEALTH EMERGENCY EXISTS AND MAKES AN EMERGENCY APPROPRIATION OF $200,000 TO ALLEVIATE HUNGER IN THE COUNTY OF HAWAI‘I From Council Member Pete Hoffmann, dated April 2, 2012, requesting a discussion concerning the Council’s responsibility regarding Ordinance No. 12-35 as noted in the Mayor’s letter dated March 20, 2012. Comm. 664: REQUEST FOR A PUBLIC HEARING REGARDING THE REAL PROPERTY TAX RATES From Council Member Brenda Ford, dated April 3, 2012, stating that pursuant to Section 19-90 of the Hawai‘i County Code, the Council must have a public hearing and advertise its intention to increase or decrease the real property tax rates or set a range of real property tax rates. The public hearing would be held on May 14, 2012, 5:00 p.m., in the Hawai‘i County Council Room, Hawai‘i County Building, Room 1401, 25 Aupuni Street, Hilo, Hawai‘i. Videoconference will be available at the West Hawai‘i Civic Center, and the Waimea and Pāhoa Council Offices. Comm. 665: REQUEST FOR A PUBLIC HEARING REGARDING THE OPERATING BUDGET AND CAPITAL BUDGET From Council Member Brenda Ford, dated April 3, 2012, stating that in compliance with Section 10-4 of the Hawai‘i County Charter 2010, requests that a public hearing be held on May 1, 2012, 5:00 p.m., at the West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A, Kailua-Kona, Hawai‘i. Videoconference will be available at the Hawai‘i County Council Room, and the Waimea and Pāhoa Council Offices. Page 2 Hawai‘i County Council-41 April 17, 2012 ORDER OF RESOLUTIONS Res. 232-12 (Draft 2): URGES THE MAYOR TO DEVELOP AND IMPLEMENT A FULLY FUNDED DIVERSION GRANTS PILOT PROGRAM FOR THE COUNTY OF HAWAI‘I Urges the Mayor to develop and implement a three-year pilot diversion grant program for recyclable materials by July 1, 2012, and that the current two bin system for the collection of materials at County transfer stations should be continued during the three-year pilot program in order to provide for the accurate collection of data to determine the use of the diversion grant program. A fully funded diversion grant program could provide a monetary incentive in order to increase the diversion rates by motivating the general public with a financial reward. Re: Comm. 626.5 Intr. by: Mr. Yagong Approve: EMC-7 Res. 234-12: ACCEPTS THE GRANT OF EASEMENT FROM KAUPAKUEA FARMS, LLC FOR PUBLIC PURPOSES Kaupakuea Farms, LLC, is desirous of granting the County an easement situated in Makahanaloa, District of South Hilo, Tax Map Key: (3)2-8-003:001. This easement will provide pedestrian and vehicular public access to the Hilo Forest Reserve. Re: Comm. 642 Intr. by: Ms. Ford (B/R) Approve: FC-210 Res. 235-12: DIRECTS THE CLERK OF THE COUNTY OF HAWAI‘I TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 12-16 ON THE 2012 GENERAL ELECTION BALLOT Ordinance No. 12-16 proposes an amendment to the Hawai‘i County Charter to add a new section relating to public access, open space, and natural resources preservation maintenance fund. This resolution directs the Clerk to take all necessary steps provided for in all applicable provisions of the Hawai‘i County Charter and the Hawai‘i Revised Statutes, within the prescribed time limits, for placing the charter amendment proposed by Ordinance No. 12-16 on the 2012 General Election ballot for approval by the voters of the County. Re: Comm. 643 Intr. by: Ms. Ford (B/R) Approve: FC-211 Page 3 Hawai‘i County Council-41 April 17, 2012 Res. 236-12: DIRECTS THE CLERK OF THE COUNTY OF HAWAI‘I TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 12-21 ON THE 2012 GENERAL ELECTION BALLOT Ordinance No. 12-21 proposes an amendment to the Hawai‘i County Charter to amend provisions relating to establishing and abolishing special funds of the County. This resolution directs the Clerk to take all necessary steps provided for in all applicable provisions of the Hawai‘i County Charter and the Hawai‘i Revised Statutes, within the prescribed time limits, for placing the charter amendment proposed by Ordinance No. 12-21 on the 2012 General Election ballot for approval by the voters of the County. Re: Comm. 644 Intr. by: Ms. Ford (B/R) Approve: FC-212 Res. 242-12: 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, PURSUANT TO HRS 46-7, FOR A GRANT TO THE HAWAI‘I POLICE DEPARTMENT IN ORDER TO SUPPORT ENFORCEMENT OF THE STATE LAW PROHIBITING ALCOHOL SALES TO MINORS Funds would be used by the Police Department to conduct enforcement operations to prohibit sales of alcohol to minors, and to cite the retail store personnel making such illegal sales to minors. Re: Comm. 655 Intr. by: Ms. Ford (B/R) Waived: FC ; and Comm. 655.1: From Finance Committee Chair Brenda J. Ford, dated April 11, 2012, requesting that the above matter be waived to the full Council for immediate action. Res. 243-12: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF EDUCATION, PURSUANT TO HRS 46-7, TO PROVIDE MONIES TO DEVELOP AND IMPLEMENT A STRATEGY FOR HAWAI‘I ISLAND SCHOOLS TO DECREASE CONSUMPTION OF ALCOHOL BY YOUTH Funds would be used to provide up to $100,000 to each of the three State of Hawai‘i Department of Education school complexes in the County of Hawai‘i, for a total of up to $300,000, in order to develop and implement a strategy for schools across Hawai‘i Island to decrease the consumption of alcohol by youth. Re: Comm. 658 Intr. by: Ms. Ford (B/R) Waived: FC Page 4 Hawai‘i County Council-41 April 17, 2012 Res. 244-12: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO EXECUTE AND SUBMIT THE 2012 ACTION PLAN AND ALL OTHER RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE 2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND TO THE STATE’S HAWAI‘I HOUSING FINANCE AND DEVELOPMENT CORPORATION FOR THE HOME INVESTMENT PARTNERSHIPS PROGRAMS The County of Hawai‘i anticipates a 2012 CDBG allocation of $2,520,236 and receiving $75,000 of additional program income from the Residential Emergency Repair Program, for a total amount of $2,595,236 of CDBG monies. The County is a State recipient of the HOME Investment Partnerships Program, which includes $2,925,000 of 2012 HOME funds and receiving $25,000 of program income, for a total amount of $2,950,000. It is required by HUD that before the County receives its 2012 CDBG allocation, the County shall submit its yearly Action Plan as required by the Consolidation Plan. The Action Plan is a yearly plan that includes the actual projects and activities that will be carried out with the County’s 2012 CDBG and HOME funds that must meet the priorities and objectives as described in the Consolidated Plan. Re: Comm. 659 Intr. by: Mr. Hoffmann BILLS FOR ORDINANCES (FIRST READING) Bill 212: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-254 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 20 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-254, Schedule 2 (20 mph limit), subsection (g), by adding a new item and renumbered as required: “( ) Government Beach Road from Papaya Farms Road to its northwestern terminus.” This amendment updates the Hawai‘i County Code to match existing conditions and designates a 20 mph speed limit for a portion of Government Beach Road. Re: Comm. 630 Intr. by: Mr. Blas Approve: PWPRC-86 Page 5 Hawai‘i County Council-41 April 17, 2012 Bill 213: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-256 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 30 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 (30 mph limit), subsections (g)(2) and (g)(3), by revising existing items: “(2) Kalapana Government Beach Road, from a point 2.35 miles north of the Kapoho-Kumukahi intersection Pāhoa- Kapoho Road to the Kaimū-Pāhoa-Kapoho intersection Papaya Farms Road.”; and “(3) Kalapana-Kapoho Beach Road, from a point 2.35 miles south of the Kapoho- Kumukahi intersection to the National Park boundary.” These amendments updates the Hawai‘i County Code to match existing conditions and designates a 20 mph speed limit for a portion of Government Beach Road. Re: Comm. 631 Intr. by: Mr. Blas Approve: PWPRC-87 Bill 214: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 25 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mph limit), subsection (f), by adding a new item and renumbered as required: “( ) Ali‘i Drive, from the property line between parcels 7-8-014:005 and 7-8-014:006 to Mākole‘ā Street.” This amendment lowers the speed limit to 25 mph in a high pedestrian area adjacent to Kahalu‘u Beach Park. Re: Comm. 632 Intr. by: Mr. Blas Approve: PWPRC-88 Bill 215: 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 24-286.1, Schedule 34.1 (Angle parking permitted areas), subsection (c), by adding a new item and renumbered as required: “( ) Lanihuli Street, from the property line between parcels 2-2-021:025 and 2-2-021:043 to its western terminus, in the marked stalls.” This amendment designates parking and no parking areas in an effort to provide adequate sight distance at three driveway locations in the area. Re: Comm. 633 Intr. by: Mr. Blas Approve: PWPRC-89 Page 6 Hawai‘i County Council-41 April 17, 2012 Bill 216: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CROSSWALKS Amends Chapter 24, Article 10, Division 4, Section 24-276, Schedule 24 (Crosswalks), subsection (f), by adding a new item and renumbered as required: “( ) Ali‘i Drive, eight hundred fifteen feet north of Mākole‘ā Street.” This amendment provides a marked crosswalk adjacent to a heavily used section of Kahalu‘u Beach Park. Re: Comm. 634 Intr. by: Mr. Blas Approve: PWPRC-90 Bill 217: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-256 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 30 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 (30 mph limit), subsection (f)(1), by revising an existing item: “(1) Ali‘i Drive, from Wālua Road (vicinity of Kona Hilton Hotel) to Kamehameha III Road in Keauhou the property line between parcels 7-8-014:005 and 7-8-014:006.” This amendment revises the existing 30 mph limit area along Ali‘i Drive which is in a high pedestrian area adjacent to Kahalu‘u Beach Park. Re: Comm. 635 Intr. by: Mr. Blas Approve: PWPRC-91 Bill 218: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-256 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 30 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 (30 mph limit), subsection (f), by adding a new item and renumbered as required: “( ) Ali‘i Drive, from Mākole‘ā Street to Kamehameha III Road.” This amendment revises the existing 30 mph limit area along Ali‘i Drive which is in a high pedestrian area adjacent to Kahalu‘u Beach Park. Re: Comm. 636 Intr. by: Mr. Blas Approve: PWPRC-92 Page 7 Hawai‘i County Council-41 April 17, 2012 Bill 219: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – 1 ACRE (A-1a) TO SINGLE-FAMILY RESIDENTIAL – 20,000 SQUARE FEET STND (RS-20) AT HŌLUALOA 1 AND 2 (MAUKA), NORTH KONA DISTRICT, HAWAI‘I, COVERED BY TAX MAP KEY: 7-6-004:018 (Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust; Area 1.090 acres) From Mayor William P. Kenoi, dated March 13, 2012, transmitting the above bill and enclosures with a favorable recommendation from the Leeward Planning Commission Chair Geraldine Giffin. The applicant requests a Change of Zone from Agricultural-1 acre (A-1a) to Single-Family Residential-20,000 square feet (RS-20) in order to develop a two-lot subdivision with an average lot size of 23,000 square feet. Re: Comm. 647 Intr. by: Mr. Hoffmann Approve: PC-46 Bill 222: AUTHORIZES THE ISSUANCE OF UP TO $31,000,000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF A POLICE LAND MOBILE RADIO UPGRADE PROJECT OF THE COUNTY; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZING THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS The County Council determines and finds that it is advisable, expedient, and in the best interest of the County to authorize the issuance, sale, and delivery of general obligation bonds in an aggregate principal amount not to exceed $31,000,000 for the purpose of funding all or a potion of the costs (including the costs of issuance of the bonds) of the Police Land-Mobile Radio Upgrade Project authorized by the County’s capital budget Ordinance No. 11-60 for the 2011-2012 fiscal year. Re: Comm. 652 Intr. by: Ms. Smart Waived: FC Page 8 Hawai‘i County Council-41 April 17, 2012 Bill 223: 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 – Enforcement State Law Prohibiting Alcohol Sales to Minors ($12,000); and appropriates same to Enforcement State Law Prohibiting Alcohol Sales to Minors. Re: Comm. 655 Intr. by: Ms. Ford (B/R) Waived: FC ; and Comm. 655.1: From Finance Committee Chair Brenda J. Ford, dated April 11, 2012, requesting that the above matter be waived to the full Council for immediate action. Bill 224: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING 30, 2012 JUNE Increases revenues in Federal-2012 Block Grant ($2,520,236) and Block Grant-Program Income ($75,000), for a total amount of $2,595,236; and appropriates to the following: Residential Emergency Repair Program ($242,500), Habitat for Humanity Affordable Workforce Housing-Waikoloa Land Acquisition ($225,000), Pāhoa Fire Station-Fire Truck Acquisition ($250,000), Removal of Architectural Barriers-Americans with Disabilities Act Compliance-Various County Facilities ($737,736), Arc of Hilo Job Creation and Training Center-Construction ($500,000), Coordinated Services Hāmākua Elderly-Raised Roof Van Acquisition ($70,000), Construction Management ($100,000), and Administration, Planning and Fair Housing ($470,000), for a total amount of $2,595,236. In anticipation of the U.S. Department of Housing and Urban Development approval and in order to administer and implement the 2012 Community Development Block Grant (CDBG) projects, the Office of Housing and Community Development (OHCD) needs this appropriation ordinance to expend the 2012 CDBG funds. The OHCD emphasizes that no County General Funds are involved. Re: Comm. 661 Intr. by: Mr. Hoffmann Page 9 Hawai‘i County Council-41 April 17, 2012 Bill 225: 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-2012 HOME Program ($2,925,000) and HOME Grant- Program Income ($25,000), for a total amount of $2,950,000; and appropriates to the following: Tenant Based Rental Assistance-County of Hawai‘i ($1,022,500), Hawaiian Paradise Park Mutual Self-Help Project, Phase I-Hawai‘i Island Community Development Corporation ($450,000), Na Kahua Hale O Ulu Wini, Phase III-County of Hawai‘i ($914,000), Habitat for Humanity Affordable Workforce Housing-Construction ($336,000), and Office of Housing and Community Development (OHCD) Administration ($227,500), for a total amount of $2,950,000. In anticipation of the State’s Hawai‘i Housing Finance and Development Corporation’s approval and in order to administer the HOME projects, the OHCD needs this appropriation ordinance to expend the 2012 HOME funds. The OHCD emphasizes that no County General Funds are involved. Re: Comm. 662 Intr. by: Mr. Hoffmann Bill 226: AMENDS CHAPTER 11, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING POLICY Amends Section 11-5 (Satisfaction of affordable housing credits) to provide more practicable parameters for satisfaction of an affordable housing requirement by conveyance of land. This was triggered by barriers in the implementation of Chapter 11 with specific regard to the appraisal value of land as it relates to market price fluctuations. Re: Comm. 663 Intr. by: Mr. Hoffmann Page 10 Hawai‘i County Council-41 April 17, 2012 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 171 (Draft 2): AMENDS CHAPTER 22 AND CHAPTER 35 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO PUBLICATION DISPENSER RACKS LOCATED WITHIN ESTABLISHED BUSINESS IMPROVEMENT DISTRICTS Provides that a Business Improvement District through its District Association be allowed to install, maintain, and manage publication dispensing devices located upon County streets and sidewalks within an established Business Improvement District. Authorizes a District Association of a Business Improvement District to levy and collect Publication Dispenser Rack permit fees and fines associated with the issuance of permits and promulgation of rules for the use of publication dispenser racks within an established Business Improvement District. Also, proposes that a District Association of a Business Improvement District be authorized to levy and collect Publication Dispenser Rack permit fees associated with the issuance of permits and promulgation of rules for the use of publication dispenser racks within an established Business Improvement District. Re: Comm. 536.3 Intr. by: Mr. Pilago Postponed: February 15 and March 9, 2012 First Reading: April 4, 2012 Bill 192 (Draft 2): INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-17, OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), RELATING TO THE COUNTY REDISTRICTING COMMISSION Prohibits redistricting commissioners from becoming a candidate for the County Council for the first election cycle following the redistricting. The provisions of this charter amendment shall take effect in the first County election following the 2021 redistricting plan. Re: Comm. 587.2 Intr. by: Mr. Hoffmann First Reading: April 4, 2012 Note: Second of three required readings, a 2/3 vote of the entire membership is required to pass each reading, pursuant to Section 15-1(a), Hawai‘i County Charter Bill 200: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 25 MILE PER HOUR LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-555, Schedule 3 (25 mile per hour limit), subsection (g), by adding a new item and renumbered as required: “( ) Kahakai Boulevard, from the property line between parcels 1-5-9:09 and 1-5-9:59 and extending fifty eight feet northeast of Aama Street.” This amendment lowers the speed limit to 25 miles per hour within the school zone that is being established for the Keonepoko Elementary School. Re: Comm. 610 Intr. by: Mr. Blas First Reading: April 4, 2012 Page 11 Hawai‘i County Council-41 April 17, 2012 Bill 201: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-257 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 35 MILE PER HOUR LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-257, Schedule 5 (35 mile per hour limit), subsection (g)(3), by revising an existing item: “(3) Kahakai Boulevard, from a point fifty eight feet northeast of Aama Street Pūnāwai Street to its northeastern terminus at the makai end.” This amendment revises the 35 mile per hour speed limit area on Kahakai Boulevard to allow for the implementation of a new 25 mph area fronting Keonepoko Elementary School. Re: Comm. 611 Intr. by: Mr. Blas First Reading: April 4, 2012 Bill 202: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-260 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 45 MILE PER HOUR LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-260, Schedule 8 (45 mile per hour limit), subsection (g)(1) by revising an existing item: “(1) Kahakai Boulevard, Highway 130 to the property line between parcels 1-5-9:09 and 1-5-9:59 Keonepoko School.” This amendment revises the 45 miles per hour speed limit area on Kahakai Boulevard to allow for the implementation of a new 25 mph area fronting Keonepoko Elementary School. Re: Comm. 612 Intr. by: Mr. Blas First Reading: April 4, 2012 Bill 203: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CROSSWALKS Amends Chapter 24, Article 10, Division 4, Section 24-276, Schedule 24 (Crosswalks), subsection (g), by adding a new item and renumbered as required: “( ) Kahakai Boulevard, two hundred forty-two feet northwest of Pūnāwai Street.” This amendment identifies the location of the new crosswalk fronting the Keonepoko Elementary School. Re: Comm. 613 Intr. by: Mr. Blas First Reading: April 4, 2012 Page 12 Hawai‘i County Council-41 April 17, 2012 Bill 204: 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 a new item and renumbered as required: “( ) Keawe Street, west (mauka) side, from a point twenty seven feet north (Hāmākua) of Mamo Street and extending eighteen feet in the northerly (Hāmākua) direction.” This amendment addresses a request for a freight loading zone along Keawe Street to service the area businesses. Re: Comm. 614 Intr. by: Mr. Blas First Reading: April 4, 2012 Bill 205: AMENDS CHAPTER 24, ARTICLE 11, DIVISION 2, SECTION 24-309 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PROHIBITED RIGHT TURN AREAS ON PRIVATE STREETS Amends Chapter 24, Article 11, Division 2, Section 24-309, Schedule 13 (Reserved), by adding a new section relating to prohibited right turns on private streets in Hawaiian Ocean View Estates Subdivision: “Section 24-309. Schedule 13. [Reserved.] Prohibited right turn areas. When properly sign posted, the following private streets or portions of private streets are designated as prohibited right turn areas: “(d) Ka‘ū, (1) Hawaiian Ocean View Estates Subdivision., 1. Ocean View water fill station road entering Lehua Lane., (A) Any vehicle with a gross vehicle weight rating (GVWR) of more than ten thousand pounds.” Re: Comm. 615 Intr. by: Ms. Smart First Reading: April 4, 2012 Bill 206: 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 – Distracted Driving Project ($13,000); and appropriates same to Distracted Driving Project. Funds would be used for the Police Department’s Distracted Driving Project to conduct an additional 140 hours of distracted driving enforcement. Re: Comm. 616 Intr. by: Ms. Ford (B/R) First Reading: April 4, 2012 Page 13 Hawai‘i County Council-41 April 17, 2012 Bill 210: PLANNING DIRECTOR INITIATED: AMENDS ORDINANCE NO. 12-18 TO CORRECT THE TITLE BY CHANGING THE TAX MAP KEY FROM 2-3-035:070 TO 2-2-035:070 Amends Ordinance No. 12-18 to correct a typographical error in the tax map key description of the property within the title of this ordinance. Re: Comm. 625 Intr. by: Mr. Hoffmann First Reading: April 4, 2012 Bill 220: 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 State Grants – Area Plan on Aging ($7,144); and appropriates same to Area Plan on Aging. Funds would be used by the Office of Aging to continue the implementation of the Chronic Disease Self Management Program by facilitating and implementing training of lay leaders for the Diabetes Self Management curriculum. Re: Comm. 648 Intr. by: Ms. Ford (B/R) First Reading: April 4, 2012 Bill 221: 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 Partnership to Prevent Underage Drinking (HPPUD) Drug, Alcohol, and Tobacco (D.A.T.) Awareness Program ($5,000); and appropriates same to Federal Grants – HPPUD D.A.T. Awareness Program. Re: Comm. 649 Intr. by: Ms. Ford (B/R) First Reading: April 4, 2012 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended February 29, 2012, from the Department of Finance. 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 Page 14 Hawai‘i County Council-41 April 17, 2012 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 April 13, 2012. Relay users please call 711(961-8255) to contact our office. Public Attendance via Videoconference is available at the following locations until 4:30 p.m., or later in the event public witness testimony has not been completed:  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 304 If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at http://www.hawaiicounty.gov/lb-council-meeting. 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: ththnd Wednesdays, April 25 (to follow the viewing of the April 4 Council meeting scheduled at 6 p.m.) and May 2 ththnd at 6 p.m.; Fridays, April 27 and May 4 at 12 p.m.; and Sundays, April 22 (to follow the viewing of the thth April 4 Council meeting scheduled at 9 a.m.) and 29 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 WEDNESDAY, APRIL 18, 2012 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street (DEPARTMENTAL/PROGRAM REVIEWS RE OP/CIP BUDGETS) THURSDAY, APRIL 19, 2012 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street (DEPARTMENTAL/PROGRAM REVIEWS RE OP/CIP BUDGETS) Page 15 Hawai‘i County Council-41 April 17, 2012 FRIDAY, APRIL 20, 2012 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street (DEPARTMENTAL/PROGRAM REVIEWS RE OP/CIP BUDGETS) TUESDAY, MAY 1, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A COUNCIL PUBLIC 5:00 P.M. WEST HAWAI‘I CIVIC CENTER HEARING RE OP/CIP āl 74-5044 Ane Keohokole Highway BUDGETS Building A WEDNESDAY, MAY 2, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 16