HomeMy WebLinkAboutAGE COUNCIL 10/03/2012 2010-2012 DOMINIC YAGONG ��`'SYI .... FRED BLAS
('hairperson and Presiding Officer :w^"`�/I 7`; `, BRENDA FORD
/.;•��.,.,, //, ;.; PETE HOFFMANN
K. ANGEL PILAGO - DONALD IKEDA
lice-Chairperson N4 o °. ► : DENNIS"FRESH" ONISHI
BRITTANY SMART
J YOSHIMOTO
COUNTY COUNCIL
County of Hawai'i
Hawaii County Building .. ,
25 Aupuni Street
Hilo, Hawaii 96720
; 1
57th Session
ORDER OF BUSINESS
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i
Wednesday, October 3, 2012
9:00 a.m.
INVOCATION Pastor Charles Kama of New Hope Hilo, Hawai`i
CALL TO ORDER
PLEDGE OF ALLEGIANCE
(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-57 October 3, 2012
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
COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 279-12 (Draft 3): AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL
OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 13, PUBLIC
STATEMENTS AND TESTIMONY, RELATING TO VIDEO TESTIMONY
Amends Rule No. 13, Public Statements and Testimony, by adding provisions regarding
the submission of prerecorded video testimonies for presentation to the Council or
Committee.
Re: Comm. 786.4
Intr. by: Mr. Hoffmann
Approve: GRC-19
Res. 280-12 (Draft 2): URGES THE HAWAI‘I STATE LEGISLATURE TO ADEQUATELY FUND BOTH
THE HAWAI‘I CAMPAIGN SPENDING COMMISSION AND A STATEWIDE
COMPREHENSIVE PUBLIC FUNDING SYSTEM FOR ELECTIONS
States that the State Legislature take immediate action to adequately fund the Hawai‘i
Campaign Spending Commission and a statewide comprehensive program upon
convening the 2013 legislative session. Further states that the Council recommends to
extend the Hawai‘i County Council Comprehensive Public Funding program through the
election year 2020 and that it awards equal qualifying funds to all qualified participants
in the various districts.
Re: Comm. 787.7
Intr. by: Ms. Smart
Approve: GRC-20
Res. 299-12: 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 THE HAWAI‘I COUNTY POLICE
DEPARTMENT’S YOUTH ALCOHOL DETERRENCE PROGRAM
Funds would be used for underage drinking enforcement operations, to produce liquor
violation and other arrests during enforcement projects, to use public service
announcements to provide education, and to encourage underage individuals not to
consume alcohol. The goal of this program is to reduce the amount of underage
individuals operating a vehicle after consuming alcohol and illegally drinking alcohol in
public areas and parks.
Re: Comm. 835
Intr. by: Ms. Ford (B/R)
Approve: FC-259
Page 2
Hawai‘i County Council-57 October 3, 2012
Res. 300-12: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF
MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO
MULTI-FUNCTION COPIERS FOR THE FINANCE DEPARTMENT
Authorizes the Mayor to enter into a five-year lease agreement for two multi-function
copiers for the Finance Department (one copier will be located at the Real Property Tax
Division office in Hilo and the other copier will be located at their office in the West
Hawai‘i Civic Center).
Re: Comm. 836
Intr. by: Ms. Ford (B/R)
Approve: FC-261
Res. 303-12: URGES THE 2013 HAWAI‘I STATE LEGISLATURE TO REPEAL CHAPTER 171C
OF THE HAWAI‘I REVISED STATUTES (HRS) TO EFFECTIVELY ABOLISH THE
PUBLIC LAND DEVELOPMENT CORPORATION
HRS 171C-4, subsection (a), in part, defines the powers of the Public Land Development
Corporation, and HRS 171C-4, subsection (c) reads “(c) The powers conferred herein
shall be liberally construed to effectuate the purposes of this chapter”. This resolution
states that the people of the County of Hawai‘i realizes the detrimental effect this would
have on our land, ocean, environment, and the avoidance of many of our zoning and
subdivision laws, which HRS 171C may ignore, and that the people of this County have
requested assistance from the Council of the County of Hawai‘i to support the repeal of
HRS 171C.
Re: Comm. 843
Intr. by: Ms. Ford
Approve: PC-65
Res. 306-12: STRONGLY URGES THE COUNTY CLERK TO HIRE AN INDEPENDENT AND
EXPERIENCED ELECTIONS ADMINISTRATOR TO RUN THE 2012 HAWAI‘I
COUNTY GENERAL ELECTION
States that the Hawai‘i County Clerk hire an independent and experienced elections
administrator who has five to 15 years of supervisory experience in elections
administration, and that the election administrator be hired within seven business days
from the adoption of this resolution.
Re: Comm. 850
Intr. by: Mr. Onishi
Waived: GRC
Page 3
Hawai‘i County Council-57 October 3, 2012
Res. 307-12: URGES THE UNITED STATES DEPARTMENT OF TRANSPORTATION TO
APPROVE THE APPLICATION OF HAWAIIAN AIRLINES FOR ALLOCATION OF
A NONSTOP ROUTE BETWEEN HANEDA, JAPAN AND KONA, HAWAI‘I
States there is an established demand for a nonstop service route between Haneda and
Kona that would have positive economic impacts on Hawai‘i Island creating an
opportunity to restore lost service to Japan, and increasing the potential for corresponding
positive impacts to the State of Hawai‘i and the U.S. economy.
Re: Comm. 852
Intr. by: Mr. Onishi
Waived: GRC
Res. 311-12: SUPPORTS RECOMMENDATIONS MADE BY THE STATE OF HAWAI‘I LEAGUE
OF WOMEN VOTERS TO ENSURE A SUCCESSFUL GENERAL ELECTION IN
THE COUNTY OF HAWAI‘I
The State of Hawai‘i League of Women Voters conveys the following recommendations
to the County Elections Office: 1) Urges staff to participate in workshops conducted by
the State Office of Elections; 2) Assign undivided responsibility for the General Election
to someone experienced in managing elections and that it be fully staffed; 3) Comply
with relevant legislation under Section 16-45 of the Hawai‘i Revised Statutes (HRS),
including designating official political and press observes for the Big Island Counting
Center and the public release of identities of observers; and 4) The State Elections
Commission, as required under Section 11-8.5 of the HRS, conduct an investigation of
the process and actions concerning August 11, 2012.
Re: Comm. 859
Intr. by: Mr. Pilago
Waived: GRC
BILLS FOR ORDINANCES (FIRST READING)
Bill 255 (Draft 2): AMENDS ORDINANCE NO. 08-150 WHICH AMENDED ORDINANCE NO. 465,
WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 1 ACRE (A-1a)
TO NEIGHBORHOOD COMMERCIAL – 7,500 SQUARE FEET (CN-7.5) AT
KEALAKEKUA, SOUTH KONA, HAWAI‛I, COVERED BY TAX MAP
KEY: 8-2-013:PORTION OF 002
Proposes to amend the following sections of Ordinance No. 08-150: Amends Section 1
to include the tax map key number, Conditions E and F relating to a visitor center and
farmers’ market and sets forth criteria, and Condition M to include the ordinance number.
Re: Comm. 706.3
Intr. by: Ms. Ford
Approve: PC-66
Page 4
Hawai‘i County Council-57 October 3, 2012
Bill 292: AMENDS CHAPTER 14, GENERAL WELFARE, HAWAI‘I COUNTY CODE 1983
(2005 EDITION, AS AMENDED), RELATING TO GEOTHERMAL DRILLING
Adds a new article, “Geothermal Drilling”, as follows: “Definitions. For the purposes of
this article, the following words and phrases, unless the context otherwise requires, shall
be defined as indicated: ‘residence’ means a building or a part thereof permitted and
designed for or used for a home.”; and “‘one mile’ means the measurement made from
the well bore, in a straight line, without regard to intervening structures or objects, to the
property line of the nearest residence.”; and “Restrictions. Geothermal resources
exploration drilling and geothermal production drilling operations being conducted one
mile or less from a residence, shall be restricted to the operating hours of 7:00 a.m. –
7:00 p.m.”
Re: Comm. 825
Intr. by: Mr. Yagong
Approve: AWESC-5
Bill 294: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2012 TO JUNE 30, 2013
Adds Department of Public Works: Ocean View Business District Water Infrastructure
Improvements ($5,700,000); funds shall be provided from General Obligation Bonds,
Capital Projects Fund-Fund Balance and/or Other Sources (Grants) ($5,700,000). Funds
would be used for the Ocean View Business District Water Infrastructure Improvements,
which will bring a buried 12-inch ductile pipe water line to the business district located
along Highway 11.
Re: Comm. 827
Intr. by: Ms. Smart
Approve: FC-251
Note: Requires 2/3 vote of the entire membership to
amend, pursuant to Section 10-6(e), Hawai‘i
County Charter
Bill 296: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2012 TO JUNE 30, 2013
Adds Department of Public Works: Green Sands Subdivision Water Infrastructure
Improvements ($1,500,000); funds shall be provided from General Obligation Bonds,
Capital Projects Fund-Fund Balance and/or Other Sources (Grants) ($1,500,000). Funds
would be used for the Green Sands Subdivision Water Infrastructure Improvements,
which will bring a buried six-inch ductile pipe water line to the subdivision boundary and
relocate the water meters closer to the residential properties, located along Ka‘alu‘alu
Road from Highway 11.
Re: Comm. 828
Intr. by: Ms. Smart
Approve: FC-252
Note: Requires 2/3 vote of the entire membership to
amend, pursuant to Section 10-6(e), Hawai‘i
County Charter
Page 5
Hawai‘i County Council-57 October 3, 2012
Bill 297: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2013
Increases revenues in Federal Grants – Hawai‘i County Police Department (HCPD) Data
Grant ($40,020); and appropriates same to HCPD Data Grant. Funds would be used by
the Police Department to purchase a Motor Vehicle Accident Reports (MVAR) Data
Export Function Server which will enable them to transfer the MVAR to the Hawai‘i
Information Consortium.
Re: Comm. 829
Intr. by: Ms. Ford (B/R)
Approve: FC-253
Bill 298: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2013
Increases revenues in Federal Grants – Traffic Investigation Program ($10,280); and
appropriates same to Hawai‘i County Police Department (HCPD) Traffic Investigation
Program. Funds would be used by the Police Department to increase the number of
officers trained in traffic crash reconstruction and other traffic crash-related courses.
Re: Comm. 830
Intr. by: Ms. Ford (B/R)
Approve: FC-254
Bill 299: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2013
Increases revenues in Federal Grants – Distracted Driving Project ($12,417); and
appropriates same to Distracted Driving Project. Funds would be used by the Police
Department to reduce the number of drivers using an electronic mobile device while
operating a motor vehicle and to increase the number of electronic mobile device
citations.
Re: Comm. 831
Intr. by: Ms. Ford (B/R)
Approve: FC-255
Bill 300: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2013
Increases revenues in Federal Grants – Aggressive Driving Project ($11,112); and
appropriates same to Aggressive Driving Project. Funds would be used by the Police
Department to purchase Speed Detection Radar Units.
Re: Comm. 832
Intr. by: Ms. Ford (B/R)
Approve: FC-256
Page 6
Hawai‘i County Council-57 October 3, 2012
Bill 301: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2013
Increases revenues in Federal Grants – Roadblock Grant ($11,925); and appropriates
same to Hawai‘i County Police Department (HCPD) Roadblock Program. Funds would
be used by the Police Department to increase the number of enforcement roadblocks
during all national mobilization efforts.
Re: Comm. 833
Intr. by: Ms. Ford (B/R)
Approve: FC-257
Bill 302: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2013
Increases revenues in Federal Grants – Hawai‘i County Police Department (HCPD)
Clickit or Ticket ($3,435); and appropriates same to HCPD Clickit or Ticket. Funds
would be used by the Police Department to finance the expanding of two volleyball
tournaments (officials, scorekeepers, a net, and volleyballs).
Re: Comm. 834
Intr. by: Ms. Ford (B/R)
Approve: FC-258
Bill 303: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2013
Increases revenues in Federal Grants – Young Driver Driving Under the Influence (DUI)
Deter Grant ($22,956); and appropriates same to Young Driver DUI Deter.
Re: Comm. 835
Intr. by: Ms. Ford (B/R)
Approve: FC-260
Bill 304: 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 revising an existing item: “[(20)](19)
Ponahawai Street, [Pu‘u‘eo] northwest side, [mauka] from a point nineteen feet
southwest of Punahoa Street, [thirty-five feet] and extending thirty two feet in the
southwesterly direction.”
Re: Comm. 837
Intr. by: Mr. Blas
Approve: PWPRC-122
Page 7
Hawai‘i County Council-57 October 3, 2012
Bill 305: AMENDS CHAPTER 9, ARTICLE 5, DIVISION 1, SECTION 9-33 OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PLANS
AND SPECIFICATIONS REQUIREMENTS
The proposed amendments amends Section 9-33 relating to Plans and specifications
requirements; deviations, subsection (b), by deleting the existing language and adds new
language relating to the requirements for the installation of photovoltaic systems.
Re: Comm. 838
Intr. by: Mr. Yoshimoto
Approve: PWPRC-123
Bill 307: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE
COUNTY OF HAWAI‘I FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF
THE COSTS OF VARIOUS PUBLIC IMPROVEMENT PROJECTS; FIXING THE
FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS
AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE
TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE
BONDS
Authorizes the issuance and sale, in one or more series, Bonds of the County, in an
aggregate principal amount not to exceed $16,830,000, for the purpose of funding all or a
portion of the costs (including costs of issuance of the Bonds) of the public improvement
project authorized and set forth as follows: New South Kona Police Station
($16,500,000) and Bond Issuance Costs ($330,000), for at total of $16,830,000.
Re: Comm. 844
Intr. by: Ms. Ford
Approve: FC-262
; and
Comm. 844.1: From Council Member Donald Ikeda, dated September 25, 2012, transmitting proposed
amendments to Bill 307. The amendments relate to the following: Amends Section 1,
Findings and Determinations, by changing the aggregate principal amount of
$16,830,000 to $21,935,100; amends Section 2, Authorization of Bonds, by adding
additional public improvement projects (Public Safety Complex-Repainting-$125,000;
Police Records Section Receiving Counter Renovation-$55,000; Nā‘ālehu Police Station
Repairs-$75,000; Parking Facilities, Amenities and Related Improvements in Downtown
Hilo-$150,000; Upper Waiānuenue Avenue Road Safety Improvements-$400,000;
Downtown Hilo Accessibility and Mobility Improvements-$200,000; DPR Repairs and
Improvements to Facilities-$4,000,000); and changes the amount of Bond Issuance Costs
from $330,000 to $430,100.
; and
Comm. 844.2: From Council Member Dennis “Fresh” Onishi, dated September 26, 2012, transmitting
proposed amendments to Bill 307. The amendments relate to the following: Amends
Section 1, Findings and Determinations, by changing the aggregate principal amount of
$16,830,000 to $26,271,120; amends Section 2, Authorization of Bonds, by adding
additional public improvement projects (Repair Hilo Outfall-$1,000,000; Kīlauea
Avenue Improvements-$4,016,000; Kamehameha Highway Reconstruction, Wailoa
Bridge to Ponahawai Street-$3,240,000; Hilo Municipal Golf Course-New Cart Shed-
$1,000,000); and changes the amount of Bond Issuance Costs from $330,000 to
$515,120.
Page 8
Hawai‘i County Council-57 October 3, 2012
Bill 312: AMENDS CHAPTER 21, ARTICLE 5, OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION), RELATING TO SEWER CONNECTION LOAN PROGRAM
Amends Section 21-40, Loan application, subsection (a), as follows: “Any application
for a guaranteed loan must be submitted to a designated bank no more than [sixty] one
hundred and twenty calendar days after the date of the notification by the director
requiring the owner to connect to the sewer.” Amends Section 21-45, Reserve Fund,
subsection (b), as follows: “In the event grant monies are available to finance sewer
connection costs, the sewer connection reserve fund may be used to finance connection
costs for those lot owners eligible for grant funding and only to the extent that the sewer
connection reserve fund can be reimbursed from the grant.”
Re: Comm. 861
Intr. by: Mr. Yagong
Waived: FC
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 178: 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 SINGLE-
FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO MULTIPLE-FAMILY
RESIDENTIAL – 3,000 SQUARE FEET (RM-3) AT WAIĀKEA, SOUTH HILO,
HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-038:017
(Applicant: Thomas Winegar and Susan Furchgott; Area: 42,660 square feet)
From Mayor William P. Kenoi, dated January 19, 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 Single-Family
Residential – 10,000 square feet (RS-10) to Multiple-Family Residential – 3,000 square
feet (RM-3) to allow the construction of a 14-unit apartment complex to provide housing
for students attending the University of Hawai‘i at Hilo.
Re: Comm. 555
Intr. by: Mr. Hoffmann
First Reading: September 19, 2012
Bill 281: 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,
adjacent to parcel 7-5-019:044 and the property line between parcels 7-5-019:003
and 7-5-021:039.” The amendment was generated due to a request to mark a crosswalk
in an area where there is high pedestrian activity
Re: Comm. 781
Intr. by: Mr. Blas
First Reading: September 19, 2012
Page 9
Hawai‘i County Council-57 October 3, 2012
Bill 283: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2013
Appropriates revenues in Federal Grants – Neighborhood Stabilization Program (NSP)
($400,000); and appropriates same to NSP – Na Kahua Hale O Ulu Wini Project.
Re: Comm. 795
Intr. by: Ms. Ford (B/R)
First Reading: September 6, 2012
Postponed: September 19, 2012
(Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Pilago to
approve Bill 283.)
Bill 284: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2013
Appropriates revenues in Justice Reinvestment Initiative ($303,177); and appropriates
same to Justice Reinvestment Initiative.
Re: Comm. 796
Intr. by: Ms. Ford (B/R)
First Reading: September 19, 2012
Bill 285: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2012 TO JUNE 30, 2013
Adds Public Works: Manono Street Improvements – Federal ($500,000); funds shall be
provided from Federal Grants Receivable ($500,000). Funds would be used to widen and
improve Manono Street from Lanikāula Street to Kekūanaō‘a Street to enhance traffic,
pedestrian, ADA, and bicycle circulation, and to improve drainage in the area.
Re: Comm. 798
Intr. by: Ms. Ford (B/R)
First Reading: September 19, 2012
Note: Requires 2/3 vote of the entire membership to
amend, pursuant to Section 10-6(e), Hawai‘i
County Charter
Page 10
Hawai‘i County Council-57 October 3, 2012
Bill 287 (Draft 3): AMENDS CHAPTER 2, ARTICLE 25 OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION, AS AMENDED), RELATING TO APPROPRIATION OF FUNDS TO
NONPROFIT ORGANIZATIONS
Establishes standards for the appropriation of funds to nonprofit organizations providing
programs and services which the County has determined to be in the public’s interest,
and proposes the following amendments: Amends article 25, section 2-136(7) by deleting
the definition of “Purchase of service” and any reference throughout this article; amends
section 2-137(3) relating to Eligible organizations; amends section 2-138 relating to
Conditions for grants; amends section 2-139 relating to Procedure for awarding grants;
deletes section 2-140 relating to Procedure for awarding purchase of service agreements;
amends section 2-142 relating to Records, reporting, and fiscal accountability
requirements; amends section 2-142.1 relating to Rules; and deletes section 2-142.2
relating to Interim procedures for awarding grants and service agreements.
Re: Comm. 801.5
Intr. by: Ms. Smart
First Reading: September 19, 2012
Bill 288: 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, Section 24-276, Schedule 24 (Crosswalks), subsection
(f), by adding a new item and renumbered as required: “( ) Ali‘i Drive, adjacent to
parcels 7-7-08:20 and 7-7-08:22.” The amendment provides a crosswalk in a high
pedestrian area.
Re: Comm. 812
Intr. by: Mr. Blas
First Reading: September 19, 2012
Bill 289: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2012 TO JUNE 30, 2013
Adds Office of the Mayor: Classroom Building #1: Hawai‘i County, State of Hawai‘i,
University of Hawai‘i, and Private Partnership ($4,000,000); funds shall be provided
from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Sources
(Private Grants) ($4,000,000). Funds would be used for planning, studies, design, and
survey for a classroom building for the University of Hawai‘i – West Hawai‘i campus.
Re: Comm. 815
Intr. by: Ms. Ford (B/R)
First Reading: September 19, 2012
Page 11
Hawai‘i County Council-57 October 3, 2012
Bill 290: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2012 TO JUNE 30, 2013
Adds Department of Public Works: Kinue Road/Greenwell Park Flooding – ($200,000);
funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund
Balance and/or other Sources ($200,000). Funds would be used for the analysis of
private roadways above Yano Hall-Greenwell Park.
Re: Comm. 816
Intr. by: Ms. Ford (B/R)
First Reading: September 19, 2012
Note: Requires 2/3 vote of the entire membership to
amend, pursuant to Section 10-6(e), Hawai‘i
County Charter
REPORTS
REFERRALS FOR EXECUTIVE SESSION
Comm. 862: DISCUSSION OF CORPORATION COUNSEL’S ASSERTION THAT THEY HAVE
A CONFLICT OF INTEREST IN NAKAMOTO VS. KAWAUCHI, ET AL, CIVIL NO.
12-1-0466 AND AYAU VS. KAWAUCHI, ET AL, CIVIL NO. 12-1-0467
From Council Chairperson Dominic Yagong, dated September 27, 2012, stating that the
Corporation Counsel will be asked to address the following: 1) Explain to the Council
their assertion that they have a conflict of interest; 2) If there is a conflict, does that
disqualify them from representing the County of Hawai‘i, its officers, its employees, and
the Council; 3) Provide the names of the individuals in their office that are in conflict
and why; and 4) Allow for discussion any information provided by the State of Hawai‘i
Office of Disciplinary Counsel.
Comm. 863: DISCUSSION OF OBTAINING SPECIAL COUNSEL FOR THE COUNTY OF
HAWAI‘I, ITS OFFICERS, ITS EMPLOYEES, AND THE COUNCIL IN THE CASES
OF NAKAMOTO VS. KAWAUCHI, ET AL, CIVIL NO. 12-1-0466 AND AYAU VS.
KAWAUCHI, ET AL, CIVIL NO. 12-1-0467
From Council Chairperson Dominic Yagong, dated September 27, 2012, regarding the
retention of Special Counsel in the above-referenced lawsuits.
Comm. 864: PATRICIA NAKAMOTO V. JAMAE KAWAUCHI, ET AL, CIVIL NO. 12-1-0466
SHYLA M. AYAU V. JAMAE KAWAUCHI, ET AL, CIVIL NO. 12-1-0467
From Deputy Corporation Counsel Laureen L. Martin, dated September 26, 2012,
requesting that the above-entitled matter be placed on the Council’s October 3, 2012
agenda.
The Council anticipates convening an executive meeting regarding the above matter, pursuant to
Section 92-5(a)(4), for the purpose of consulting with Council’s attorney on questions and issues pertaining to the
Council’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawai‘i Revised Statutes,
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 12
Hawai‘i County Council-57 October 3, 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 October 1, 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
Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5
Public Attendance via Videoconference is available at the locations above; and at the Kona Council Office,
(West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A) 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 Hilo and Waimea 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:
ththththth
Wednesdays, October 17 and 24 at 6 p.m.; Fridays, October 12 and 19 at 12 p.m.; and Sundays, October 14
st
and 21 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 13
Hawai‘i County Council-57 October 3, 2012
UPCOMING MEETINGS
TUESDAY, OCTOBER 16, 2012
COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
WEDNESDAY, OCTOBER 17, 2012
COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
THURSDAY, NOVEMBER 8, 2012
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
FRIDAY, NOVEMBER 9, 2012
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
Page 14