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Home My WebLink AboutAGE COUNCIL 06/06/2012 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Vice - Chairperson 47111 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, June 6, 2012 8:00 a.m. Kahu Gaymond Apaka of Kamehameha Schools 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-47 June 6, 2012 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 Comm. 716: 2012 HAWAI‘I HIGH SCHOOL COUNTY COUNCIL PROJECT From County Clerk Jamae K. K. Kawauchi, dated May 14, 2012, transmitting to the Council legislation by the 2012 Hawai‘i High School County Council Project and requesting the Councils consideration of the legislation. States that the 2012 Hawai‘i High School County Council is comprised of junior and senior-year students from Honoka‘a High School, Kamehameha High School, Kea‘au High School and the Konawaena High School, who have formulated legislation for the Council’s consideration at its June 6, 2012, meeting. Waived: GRC Comm. 727: NOMINATION OF MR. FARRIS D. ETTERLEE, JR., TO THE PUNA COMMUNITY DEVELOPMENT (CDP) ACTION COMMITTEE From Mayor Billy Kenoi, dated May 15, 2012, requesting the Council’s favorable consideration of the above appointment. Waived: PC Comm. 733: PRESENTATION REGARDING THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) CONFERENCE HOSTED BY HAWAI‘I COUNTY SCHEDULED ON JUNE 21-22, 2012 AT THE HAPUNA PRINCE HOTEL From HSAC 2012 Event Coordinator Steve “Kawena” Lopez, dated May 14, 2012. States that this presentation will communicate and encourage government and public participation at the 2012 HSAC Conference to be held on June 21 and 22, 2012, and will present the details of the event and the program lineup. Page 2 Hawai‘i County Council-47 June 6, 2012 ORDER OF RESOLUTIONS Res. 247-12: ACCEPTS A BILL OF SALE FOR SEWER FACILITIES FOR PUALANI ESTATES AT KONA, (ROAD LOTS 132 AND 147) DISTRICT OF NORTH KONA, ISLAND, COUNTY AND STATE OF HAWAI‘I, FROM D.R. HORTON—SCHULER HOMES, LLC D. R. Horton—Schuler, LLC is desirous of granting the County of Hawai‘i the easements and sewer facilities found on the premises described in Exhibit A and depicted on Exhibit B, which are attached to this resolution. The sewer facilities have been inspected and found to be in acceptable condition, and the Departments of Public Works and Environmental Management have no objections to the acceptance of this sewer system. Re: Comm. 683 Intr. by: Mr. Blas Approve: PWPRC-95 ; and Comm. 683.1: From Council Member Fred Blas, dated May 22, 2012, transmitting a proposed amendment, which corrects the dateline from “2011” to “2012.” Res. 248-12: ACCEPTS THE DEDICATION OF A PORTION OF ROAD LOTS 132 and 147, BEING A PORTION OF TAX MAP KEYS: (3)7-5-041:054 (LOT 132) AND (3)7-5-043:128 (LOT 147), SITUATED AT PUAPUAAIKI AND PUAPUAANUI, DISTRICT OF NORTH KONA, ISLAND, COUNTY AND STATE OF HAWAI‘I, FROM D.R. HORTON—SCHULER HOMES, LLC D. R. Horton—Schuler, LLC is desirous of dedicating the roadway lots, including all subdivision improvements, to the County of Hawai‘i for road and drainage purposes. The improvements have been inspected and approved by the Departments of Public Works and have received dedication approval from the Departments of Water Supply, Planning, and Environmental Management. Re: Comm. 684 Intr. by: Mr. Blas Approve: PWPRC-96 Res. 249-12: GRANTS A VARIANCE FROM CHAPTER 3, SECTIONS 3-58(a)(5)(C), 3-58(c)(1), AND 3-59(a)(4) HAWAI’I COUNTY CODE (1983) 2005 EDITION, TO ALLOW ONE WALL SIGN ON 74-5488 KAIWI STREET, TMK NUMBER: (3)7-4-015:010 (ZONED MG-1a, KAILUA VILLAGE SPECIAL DESIGN DISTRICT) The Goodyear Tire and Rubber Company is requesting a sign variance for a wall sign. The subject property is a retail commercial/office building located at 74-5488 Kaiwi Street, Kailua-Kona, which has in excess of 120 linear feet of frontage along Kaiwi Street. The proposed sign will be placed on the building wall approximately 14 feet above ground level along the Kaiwi Street frontage. Re: Comm. 696 Intr. by: Mr. Blas Negative: PWPRC-106 (due to a vote of 6-noes and 3-absent) Page 3 Hawai‘i County Council-47 June 6, 2012 Res. 250-12: URGES THE STATE OF HAWAI‘I DEPARTMENT OF TRANSPORTATION TO CONSTRUCT A DESIGNATED PEDESTRIAN CROSSING AREA FOR THE VOLCANO VILLAGE COMMUNITY ACROSS MĀMALAHOA HIGHWAY, COMMONLY KNOWN AS HIGHWAY 11 OR THE HAWAI‘I BELT ROAD The State and County have a strong interest in promoting healthy and economical transportation options for Hawai‘i Island residents, such as walking and public transportation, and encourages the provision of the necessary infrastructure to support these goals. Re: Comm. 697 Intr. by: Ms. Smart Approve: PWPRC-107 Res. 254-12: ENCOURAGES THE DEPARTMENT OF PARKS AND RECREATION TO INCREASE THE HOURS IN COUNTY PARK FACILITIES Requests the Mayor and the Director of the Department of Parks and Recreation to take necessary steps to increase the hours at parks and recreational facilities island-wide to 10 p.m. in the evening. Currently, most park facilities close at approximatley 7 p.m. A resolution of the same content (reference Resolution No. 5, which is attached to Communication 717) was approved by the 2012 Hawai‘i High School County Council on May 10, 2012. Re: Comm. 717 Intr. by: Mr. Yagong Waived: PWPRC Res. 255-12: URGES THE STATE LEGISLATURE TO APPROPRIATE FUNDING AND DIRECT THE STATE OF HAWAI‘I DEPARTMENT OF HUMAN SERVICES TO CREATE CENTERS FOR AT-RISK YOUTH STATEWIDE; AND TO DIRECT THE MAYOR, THE DIRECTOR OF THE DEPARTMENT OF FINANCE AND THE DIRECTOR OF THE DEPARTMENT OF PARKS AND RECREATION OF THE COUNTY OF HAWAI‘I TO APPROPRIATE FUNDING AND IMPLEMENT PROGRAMS FOR TEENS IN COUNTY PARK FACILITIES THROUGHOUT THE ISLAND Urges the State Legislature to enact legislation to appropriate funding, and directs the State Department of Human Services and the Department of Education to create teen centers throughout the State of Hawai‘i. Also, directs the Mayor of the County of Hawai‘i and the Departments of Finance and Parks and Recreation to appropriate funding and to implement programs for teens in County park facilitieis throughout the island. A resolution of the same content (reference Resolution No. 3, which is attached to Communication 718) was approved by the 2012 Hawai‘i High School County Council on May 10, 2012. Re: Comm. 718 Intr. by: Mr. Yagong Waived: PWPRC Page 4 Hawai‘i County Council-47 June 6, 2012 Res. 257-12: ENCOURAGES THE GOVERNOR OF THE STATE OF HAWAI‘I TO APPROPRIATE NECESSARY FUNDING FOR THE PLANNING AND CONSTRUCTION OF TWO CARDIOLOGY TRAUMA CENTERS ON THE ISLAND OF HAWAI‘I Justifies the need for the construction of cardiac trauma centers located in the vicinity of Waimea and Puna due to the the high rate of cardiology-related incidents on Hawai‘i Island, the vast geographical expanse of the island, and the need for quick access to obtain cardiac-related treament. A resolution of the same content (reference Resolution No. 1, which is attached to Communication 720) was approved by the 2012 Hawai‘i High School County Council on May 10, 2012. Re: Comm. 720 Intr. by: Mr. Yagong Waived: GRC Res. 258-12: URGES THE STATE LEGISLATURE TO ENACT LEGISLATION DIRECTING THE DEPARTMENT OF EDUCATION TO INCREASE PROGRAMS IN SEX EDUCATION Urges the State Legislature to enact legislation directing the Department of Education to increase sex education programs in all State of Hawai‘i High Schools, to encourage open and natural discussion on topics of sex and procreation. A resolution of the same content (reference Resolution No. 4, which is attached to Communication 721) was approved by the 2012 Hawai‘i High School County Council on May 10, 2012. Re: Comm. 721 Intr. by: Mr. Yagong Waived: GRC Res. 259-12: REQUESTS AN ISLAND-WIDE PLAN FOR THE EXPANSION OF HELE-ON BUS STOP SHELTERS Requests the Department of Public Works create a plan to expand the number of bus stops shelters along Hele-On bus routes in the County of Hawai‘i. A resolution of the same content (reference Resolution No. 2, which is attached to Communication 722) was approved by the 2012 Hawai‘i High School County Council on May 10, 2012. Re: Comm. 722 Intr. by: Mr. Yagong Waived: EDMTC Page 5 Hawai‘i County Council-47 June 6, 2012 BILLS FOR ORDINANCES (FIRST READING) Bill 228 (Draft 2): 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 CHANGING THE DISTRICT CLASSIFICATION FROM FAMILY AGRICULTURAL – 2 ACRES (FA-2a) TO FAMILY AGRICULTURAL – 1 ACRE (FA-1a) AT PONAHAWAI, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-5-040:18 (Applicant: Leslie A. Botelho and Betty Jean Botelho; Area: 2.116 acres) From Mayor William P. Kenoi, dated March 30, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern. The applicants request a Change of Zone from Family Agricultural – 2 acre (FA-2a) to Family Agricultural – 1 acre (FA-1a) in order to subdivide the property into two parcels. Re: Comm. 668.4 Intr. by: Mr. Ikeda Approve: PC-47 Postponed: May 15, 2012 (Note: There is a pending motion by Mr. Ikeda and duly seconded by Mr. Yoshimoto to approve Bill 228, Draft 2.) Bill 239: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-287 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PASSENGER LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-287, Schedule 35 (Passenger loading zones), subsection (f)(1), by revising an existing item: “(1 ) Ali‘i [d]Drive, [east]north (mauka) side, [beginning]from a point [two-hundred twenty nine]two hundred thirty-two feet [north]west of Likana Lane and extending [forty-seven]forty-six feet in the [northerly]westerly direction, [24 hours daily]7:00 a.m. to 3:00 p.m. each day.” This amendment opens up more parking along Ali‘i Drive. Parking in loading zones is allowed when the loading zones are not in effect. Re: Comm. 685 Intr. by: Mr. Blas Approve: PWPRC-97 Page 6 Hawai‘i County Council-47 June 6, 2012 Bill 240: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-288, Schedule 36 (Freight loading zones), subsection (f) Kona, by revising existing items and renumbered as required: “(1) Ali‘i Drive, [east]north (mauka) side, [beginning] from a point two- hundred [seventy six]seventy-eight feet [north]west of Likana Lane and extending sixty feet in the [northerly]westerly direction, [24 hours daily]7:00 a.m. to 3:00 p.m. each day.” ; “(2) Ali‘i Drive, [east]north (mauka) side, [beginning]from a point five-hundred thirty-three feet [north]west of Likana Lane and extending [forty-six]forty-five feet in the [northerly]westerly direction, [24 hours daily]7:00 a.m. to 3:00 p.m. each day.” ; “(3) Ali‘i Drive, [in Kailua-Kona,]southwest (makai) side, [on]from a point four hundred sixty-one feet southeast of Likana Lane and extending ninety-nine feet in the southeasterly direction, in the curb cut-out [in front of the Kona Inn Shopping Center, south of Hulihe‘e Palace], 7:00 a.m. to 3:00 p.m. each day.” ; “[(4) Ali‘i Drive, in Kailua-Kona, mauka side, in the vicinity of the Kona Galley.]” ; “[(5)](4) Ali‘i Drive, [in Kailua-Kona,]east (mauka) side, [in the marked zone fronting the Moku‘aikaua Church and the Kim Chong Building]from a point three hundred fifty-eight feet north of Sarona Road and extending thirty-four feet in the northerly direction, 7:00 a.m. to 3:00 p.m. each day.” ; “[(6)](5) Ali‘i Drive, [west]southwest (makai) side, beginning from a point [one- hundred fifty-four] one hundred fifty-five feet [south]southeast of Kakina Lane, and extending seventy-seven feet in the [southerly]southeasterly direction, 7:00 a.m. to 3:00 p.m. each day.” These amendments opens up more parking along Ali‘i Drive. Parking in loading zones is allowed when the loading zones are not in effect. Re: Comm. 686 Intr. by: Mr. Blas Approve: PWPRC-98 Bill 241: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-288, Schedule 36 (Freight loading zones), subsection (f), by adding a new item: “( ) Palani Road, northeast (mauka) side, from a point forty feet northwest of Ka‘ahumanu Place and extending forty-one feet in the northwesterly direction, 7:00 a.m. to 3:00 p.m. each day.” This amendment correctly identifies the location of an existing freight loading zone as being on Palani Road. Re: Comm. 687 Intr. by: Mr. Blas Approve: PWPRC-99 Page 7 Hawai‘i County Council-47 June 6, 2012 Bill 242: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-263 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Chapter 24, Article 10, Division 1, Section 24-263, Schedule 11 (55 mile per hour limit), subsection (g), by adding a new item: “( ) Pāhoa-Kapoho Road, westbound lane, from Kalapana-Kapoho Beach Road to Pohoiki Road and eastbound lane, from Pohoiki Road and extending seven hundred fifty feet west of Kalapana-Kapoho Beach Road.” This amendment creates a new 55 mph item for Pāhoa-Kapoho Road and addresses a safety concern at the eastern terminus of Pāhoa-Kapoho Road. A new 35 mph item is being proposed for the last 750 feet adjacent to the eastern terminus of Pāhoa-Kapoho Road. Re: Comm. 688 Intr. by: Mr. Blas Approve: PWPRC-100 Bill 243: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-257 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Chapter 24, Article 10, Division 1, Section 24-257, Schedule 5 (35 mile per hour limit), subsection (g), by adding a new item: “( ) Pāhoa-Kapoho Road, from a point seven hundred fifty feet west of Kalapana-Kapoho Beach Road to its eastern terminus.” This amendment addresses a safety concern at the eastern terminus of Pāhoa-Kapoho Road. Re: Comm. 689 Intr. by: Mr. Blas Approve: PWPRC-101 Bill 244: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-288, Schedule 36 (Freight loading zones), subsection (c), South Hilo, by deleting item 11 and renumbered as required: “[(11) Kīlauea Avenue, mauka side, beginning at Hoku Street and extending forty-four feet in the Puna direction.]” This amendment removes the freight loading zone installed fronting a business no longer in existence thus allowing the Department of Public Works to add an ADA stall. Re: Comm. 690 Intr. by: Mr. Blas Approve: PWPRC-102 Page 8 Hawai‘i County Council-47 June 6, 2012 Bill 245: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 3, SECTION 24-275 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BUS STOPS AND PUBLIC ROAD TAXI STANDS Amends Chapter 24, Article 10, Division 3, Section 24-275, Schedule 23 (Bus Stops and Public Road Taxi Stands), subsection (a), by adding a new item: “( ) Pakalana Street, west side, from a point ninety five feet north of Kukui Street to Kukui Street, between the hours of 12:00 p.m. and 3:00 p.m. on school days only.” This amendment updates the Hawai‘i County Code to match existing conditions. This bus stop services the Honoka‘a Elementary School, and the Honoka‘a Intermediate and High School. Re: Comm. 691 Intr. by: Mr. Blas Approve: PWPRC-103 Bill 246: 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 24-267, Schedule 15 (One way streets), subsection (a)(3), Hāmākua, by revising existing item: “(3) Pakalana Street in Honoka‘a. All vehicular traffic shall move only in the Southerly (mauka) direction from Māmane Street to Kamani Street between the hours of 7:00 a.m. and 2:30 3:00 p.m. on school days only.” This amendment revises the end time of the temporary one way traffic pattern on Pakalana Street to match the Honoka‘a Elementary School, Honoka‘a Intermediate School, and Honoka‘a High School end time. Re: Comm. 692 Intr. by: Mr. Blas Approve: PWPRC-104 Bill 248: 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 anytime), subsection (c), South Hilo, by adding a new item: “( ) East Puainako Street, south side, from Pilipaa Street to Ohuohu Street.” This amendment fulfills a request to enhance vehicular and pedestrian safety in the area. Re: Comm. 695 Intr. by: Mr. Blas Approve: PWPRC-105 Page 9 Hawai‘i County Council-47 June 6, 2012 Bill 249: INITIATES AN AMENDMENT TO ARTICLE X, SECTION 10-5 OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), TO SPECIFY THAT EITHER THE MAYOR OR THE COUNTY COUNCIL MAY INITIATE AMENDMENTS TO THE ADOPTED OPERATING BUDGET OF THE COUNTY DURING THE FISCAL YEAR Permits the Mayor or the County Council to initiate amendments to the County’s operating budget during the fiscal year. Currently, no specific language exists in the Charter that permits or prohibits action in this regard. Re: Comm. 698 Intr. by: Mr. Hoffmann Negative: FC-219 (due to a vote of 4-ayes, 4-noes and 1-absent) Note: First 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 ; and Comm. 698.1: From Assistant Corporation Counsel Katherine A. Garson, dated May 25, 2012, requesting an executive session to discuss attorney-client privileged communications and waiver of the attorney-client privilege regarding Bill 249 relating to proposed charter amendment to allow council initiated amendment to the adopted operating budget during the fiscal year. Bill 251: AMENDS CHAPTER 24, ARTICLE 11, DIVISION 2, SECTION 24-310 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO TRUCK ROUTES ON PRIVATE STREETS Amends Chapter 24, Article 11, Division 2, Section 24-310, Schedule 14 (Reserved) by creating truck routes for certain roads within the Hawaiian Ocean View Estates subdivision. Re: Comm. 700 Intr. by: Ms. Smart Approve: PWPRC-108 Bill 252: 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 County Police Department (HCPD) Data Grant ($24,615.34); and appropriates same to HCPD Data Grant. Funds would be used by the Police Department for an export function to the department’s existing electronic Motor Vehicle Accident Report (MVAR) system, and to purchase 190 global positioning system (GPS) units. Re: Comm. 702 Intr. by: Ms. Ford (B/R) Approve: FC-220 Page 10 Hawai‘i County Council-47 June 6, 2012 Bill 253: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 RELATING TO THE TRANSFER OF FUNDS TO THE PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION FUND Increases revenues in Real Property Taxes Interest ($100,000); and appropriates same to Transfer to Public Access/Open Space Preservation Fund. The real property tax interest revenues are expected to exceed the amount budgeted in the Real Property Tax Interest account for FY 2011-2012. Two percent of these additional revenues will be transferred to the Public Access, Open Space and Natural Resources Preservation Fund as the current appropriation for the transfer account is insufficient. Re: Comm. 703 Intr. by: Ms. Ford (B/R) Approve: FC-221 Bill 254: 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 – Section 5309 Capital Grant 05-06 ($1,782,213); and appropriates same to Section 5309 Capital Grant 05-06. Funds would be used by the Mass Transit Agency for transit capital expenditures in Hawai‘i County. Re: Comm. 704 Intr. by: Ms. Ford (B/R) Approve: FC-222 Bill 256 (Draft 2): AMENDS CHAPTER 2, ARTICLE 36, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY RENAMING AND REDEFINING THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM TO THE GEOTHERMAL RELOCATION AND PUBLIC SAFETY PROGRAM Renames the Geothermal Relocation and Community Benefits Program to the Geothermal Relocation and Public Safety Program, and proposes substantial revisions throughout this measure including the establishment, purchase of properties, creation of geothermal relocation and community benefits fund, public safety funding, expenditures from fund, and relocation expenditures. Re: Comm. 710.31 Intr. by: Mr. Yagong Approve: AWESC-2 Page 11 Hawai‘i County Council-47 June 6, 2012 Bill 257: AMENDS CHAPTER 7, SECTION 7-3, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO EMERGENCY RESPONSE AND EVACUATION PLANS FOR GEOTHERMAL FACILITIES States that the Deputy Director shall prepare an emergency response and evacuation plan for each geothermal power production facility operating in the County, and sets forth criteria. The plan for any existing geothermal power production facility shall be submitted to the Council for approval by August 1, 2012, and at the request of the Deputy Director, the Council may approve an extension of an additional 90 days for the submission of an emergency response and evacuation plan. Re: Comm. 725 Intr. by: Mr. Yagong Waived: HSSPSC Bill 260: INITIATES AN AMENDMENT TO THE HAWAI‘I COUNTY CHARTER (2010) BY AMENDING ARTICLE VI, CHAPTER 9, BY CREATING A NEW SECTION RELATING TO A GAME MANAGEMENT ADVISORY COMMISSION Creates a Game Management Advisory Commission consisting of nine members who shall be appointed by the Mayor and confirmed by the Council. This Commission shall advise County, State, and Federal agencies on matters relating to the preservation of subsistence hunting and fishing, as well as protecting traditional and cultural gathering rights, and also sets forth other criteria. Re: Comm. 730 Intr. by: Mr. Yagong Waived: HSSPSC Note: First 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 261: AMENDS CHAPTER 14, GENERAL WELFARE, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ANIMAL ERADICATION The purpose of this measure makes clear that the County of Hawai‘i, as a body corporate, with the ability and responsibility to maintain the public health, safety, and welfare of its people, declares that the acts of eradication by aerial shooting on this island shall no longer be practiced, and ensures that other methods of animal population control are utilized which takes into full account the will of the people regarding these methods. States that it is a violation of this article for any person to engage in the eradication of any animal for any reason while being transported by helicopter, airplane, or any other similar means. Re: Comm. 731 Intr. by: Mr. Yagong Waived: HSSPSC ; and Comm. 731.1: From Chairperson Dominic Yagong, dated May 29, 2012, stating that a presentation will be made by Mr. Tony Sylvester regarding the aerial shooting of animals and the need to protect subsistence, cultural, and traditional gathering rights through the formation of a Game Management Advisory Commission. Page 12 Hawai‘i County Council-47 June 6, 2012 Bill 262: AMENDS CHAPTER 2, ARTICLE 4, SECTION 2-12.4, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FUND BALANCE Amends Chapter 2, Article 4, Section 2-12.4 by adding the following language: “(f) At the end of each fiscal year, any fund balance in excess of $5,000,000 shall be applied to the post employment benefits account (GASB-45). This subsection shall not apply in any fiscal year where a payment of at least fifty percent of the actuary’s recommended GASB-45 payment has been appropriated in the County’s operating budget.” Re: Comm. 734 Intr. by: Mr. Yagong Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 211 (Draft 2): INITIATES AN AMENDMENT TO THE HAWAI‘I COUNTY CHARTER (2010) BY REPEALING ARTICLE VI, CHAPTER 5, AND ADDING A NEW ARTICLE TO PROVIDE THAT THE CORPORATION COUNSEL SHALL BE AN ELECTED OFFICIAL OF THE COUNTY States that the Corporation Counsel shall be an elected official of the County rather than an official appointed by the Mayor and confirmed by the County Council. The Corporation Counsel would continue to serve as the chief legal advisor and legal representative of all County agencies, the Council, and all officers and employees in matters relating to their official powers and duties. This measure includes transitional provisions whereby the first election for the Office of the Corporation Counsel will occur in 2014. Re: Comm. 627.3 Intr. by: Ms. Ford First Reading: May 2, 2012 Public Hearing: May 14, 2012 Second Rdg.: May 15, 2012 Note: Third 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 227: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-287 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-287, Schedule 35 (Passenger loading zones), subsection (c), by adding a new item and renumbered as required: “( ) Desha Avenue, southeast side, from a point one hundred ninety-seven feet northeast of Pua Avenue and extending seventy five feet in the northeasterly direction (fronting Keaukaha Elementary School).” This amendment addresses a request to establish a passenger loading zone along Desha Avenue to service Keaukaha Elementary School. Re: Comm. 667 Intr. by: Mr. Blas (B/R) First Reading: May 15, 2012 Page 13 Hawai‘i County Council-47 June 6, 2012 Bill 230: PLANNING DIRECTOR INITIATED: AMENDS THE COUNTY OF HAWAI‘I GENERAL PLAN AS ADOPTED BY ORDINANCE NO. 05-25 AND AMENDED BY ORDINANCE NO. 06-153 BY AMENDING MAP 15 OF THE LAND USE PATTERN ALLOCATION GUIDE (LUPAG) MAP BY CHANGING THE LAND USE DESIGNATION FROM URBAN EXPANSION TO EXTENSIVE AGRICULTURE, LOW DENSITY URBAN, MEDIUM DENSITY URBAN AND FROM LOW DENSITY URBAN TO MEDIUM DENSITY URBAN AND URBAN EXPANSION FOR PĀHOA VILLAGE AND THE IMMEDIATELY SURROUNDING AREAS, PĀHOA, PUNA, ISLAND OF HAWAI‘I From Mayor William P. Kenoi, dated April 11, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern and Leeward Planning Commission Chair Geraldine Giffin. Initiates an amendment to Map 15 of the LUPAG Map of the County of Hawai‘i General Plan by changing the land use designation for Pāhoa Village and the immediately surrounding areas as follows: A-1. Urban Expansion to Extensive Agriculture along the northeast side of the Kea‘au-Pāhoa Road, Pāhoa Bypass Road, and along the east side of Pāhoa- Kalapana Road; A-2. Urban Expansion to Medium Density Urban in the vicinity of Mālama Market and along Kahakai Boulevard between Pāhoa Village Road and Pāhoa Bypass Road; A-3. Urban Expansion to Low Density Urban along the northwest side of Pāhoa Bypass Road and along the south side of town along Ka‘ohe Homestead Road; A-4. Low Density Urban to Medium Density Urban along both sides of Pāhoa Village Road from Kahakai Boulevard to Pāhoa Village; and A-5. Low Density Urban to Urban Expansion southwest of Pāhoa Village Road along ‘Apa‘a Street. Re: Comm. 670 Intr. by: Mr. Hoffmann First Reading: May 15, 2012 Bill 231: PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4 AND ARTICLE 6, DIVISIONS 4 AND 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NOTIFICATION REQUIREMENTS FOR ZONING AMENDMENT, PROJECT DISTRICT AND AGRICULTURAL PROJECT DISTRICT APPLICATIONS From Mayor William P. Kenoi, dated April 11, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern and Leeward Planning Commission Chair Geraldine Giffin. Initiates an amendment to Chapter 25 (Zoning Code) relating to notification requirements for zoning amendment, project district and agricultural project district applications. The proposed amendment is a housekeeping matter that seeks to provide consistency among different sections of the Zoning Code. Re: Comm. 671 Intr. by: Mr. Hoffmann First Reading: May 15, 2012 Page 14 Hawai‘i County Council-47 June 6, 2012 Bill 232 (Draft 2): PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25, ARTICLE 2 AND ARTICLE 4 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR CREMATORIUMS, FUNERAL HOMES, FUNERAL SERVICES, AND MORTUARIES From Mayor William P. Kenoi, dated April 11, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern and Leeward Planning Commission Chair Geraldine Giffin. Initiates amendments to Chapter 25 (Zoning Code), Articles 2 and 4, relating to crematoriums, funeral homes, funeral services and mortuaries in support of Bill 90, which was recently initiated by the Hawai‘i County Council. The amendments relate to the following: Section 25-2-61(a)(2) and 25-2-61(a)(9) regarding Use Permits, and Section 25-4-51(a)(8) regarding Required Number of Parking Spaces. Re: Comm. 672.2 Intr. by: Mr. Hoffmann First Reading: May 15, 2012 Bill 233: AMENDS CHAPTER 20 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO DISPOSAL OF MATERIAL COLLECTED AT TRANSFER STATIONS Amends Chapter 20 by adding a new article regarding the disposal of materials collected by the County at transfer stations. States that all materials collected at certain County transfer stations shall be transported to either the South Hilo Sanitary Landfill or the Pu‘uanahulu Sanitary Landfill for disposal. Re: Comm. 674 Intr. by: Mr. Yagong First Reading: May 15, 2012 Bill 234: 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 - Special Investigative Training ($13,964), and appropriates same to Special Investigative Training. Funds would be used by the Police Department to improve their ability to respond to violent crimes against women through ongoing specialized training for the detectives of the Juvenile Aid Section. Re: Comm. 676 Intr. by: Ms. Ford (B/R) First Reading: May 15, 2012 Page 15 Hawai‘i County Council-47 June 6, 2012 Bill 235: 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 – Workforce Investment Act (WIA) ($1,521,232) and appropriates to the following: WIA – Administration Planning 2012-13 ($152,121), WIA – Adult Program 2012-13 ($495,316), WIA – Dislocated Worker Program 2012-13 ($405,276), and WIA – Youth Program 2012-13 ($468,519), for a total amount of $1,521,232. Funds would be used by the Office of Housing and Community Development’s WIA Program to assist adults, dislocated workers, and youths by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy, thus improving the quality of the workforce, reducing welfare dependency, and enhancing the productivity and competiveness of the local economy. Re: Comm. 677 Intr. by: Ms. Ford (B/R) First Reading: May 15, 2012 Bill 237: INITIATES AN AMENDMENT TO THE HAWAI‘I COUNTY CHARTER (2010) BY AMENDING ARTICLE X, SECTION 10-3 RELATING TO THE SCOPE OF THE OPERATING BUDGET Requires all new positions be created separately from the budget process to allow for greater transparency and for the opportunity for public discussion on increasing the size of government. Adds the following language in Section 10-3(a): “(2) The operating budget shall not contain any new positions that have not been previously approved by the council by resolution.” Re: Comm. 680 Intr. by: Mr. Yagong First Reading: May 15, 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 Page 16 Hawai‘i County Council-47 June 6, 2012 Bill 247: 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 Parks and Recreation: Maka‘eo Skateboard Park (Phase II – Keiki Skateboard and Stage Area and Phase III – Intermediate Skateboard Area) ($35,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Fair Share Funds, District 8) ($35,000). Funds would be used to complete portions of the Maka‘eo Skateboard Park, specifically, the Keiki skateboard and stage sections (Phase II) and a portion of the Intermediate skateboard area (Phase III). Re: Comm. 690 Intr. by: Ms. Ford Waived: FC First Reading: May 15, 2012 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter REPORTS Financial Report: Monthly Budget Status Report for the Month Ended April 30, 2012, from the Department of Finance. FC-223 (Comm. 705): Recommends the acceptance of a donation of two portable generators, Centurion Model 0057900 to the Hawai‘i Fire Department (valued at $439.68 each) from the Department of the Army, Corps of Engineers. One generator will be placed with a volunteer company in East Hawai‘i and one in West Hawai‘i. REFERRALS FOR EXECUTIVE SESSION Comm. 712: CLAIM AGAINST THE COUNTY OF HAWAI‘I/ RYEN RICHARD KNAPP From Deputy Corporation Counsel Kimberly Angay, dated May 9, 2012. Comm. 714: HIRING OF SPECIAL COUNSEL FOR WORKERS COMPENSATION DIVISION From Corporation Counsel Lincoln S. T. Ashida, dated May 14, 2012. Anticipates discussion on pricing information protected from present disclosure pursuant to Chapter 103D, Hawai‘i Revised Statutes, as amended. The Council anticipates convening an executive meeting regarding the above matters, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council’s attorney on questions and issues pertaining to the Council’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to 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. Page 17 Hawai‘i County Council-47 June 6, 2012 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation “By Request” on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by June 4, 2012. 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  Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A 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 304), 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://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: thst Wednesdays, June 13 (to follow the viewing of the May 31 meeting which is scheduled to start at 6 p.m.) and ththst 20 at 6 p.m.; Fridays, June 15 (to follow the viewing of the May 31 meeting which is scheduled to start at 12 ndthst p.m.) and 22 at 12 p.m.; and Sundays, June 17 (to follow the viewing of the May 31 meeting which is th scheduled to start at 9 a.m.) and 24 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.) Page 18 Hawai‘i County Council-47 June 6, 2012 UPCOMING MEETINGS MONDAY, JUNE 18, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A TUESDAY, JUNE 19, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A MONDAY, JULY 2, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, JULY 3, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 19