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Home My WebLink AboutAGE COUNCIL 07/07/2011 2010-2012 DOMINIC YAGONG t v OF it FRED BLAS Chairperson and Presiding Officer �'I �'�� BRENDA FORD PETE HOFFMANN DONALDIKEDA a . K. ANGEL PILAGO ; bF N' DENNIS "FRESH" ONISHI Vice Chair BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 r..a d I � f 1 r T ., 22 " Session ORDER OF BUSINESS Hawaii County Council 25 Aupuni Street Hilo, Hawaii Thursday, July 7, 2011 9:00 a.m. INVOCATION Pastor Richard Ragle of the Hilo Church of the Nazarene CALL TO ORDER PLEDGE OF ALLEGIANCE (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council -22 July 7, 2011 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES COMMUNICATIONS ORDER OF RESOLUTIONS Res. 79 -11 (Draft 2): AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3)9 -2- 150 -060, SITUATED AT KAHUKU, DISTRICT OF KA`U, COUNTY AND STATE OF HAWAII, FOR THE OCEAN VIEW RECYCLING AND TRANSFER STATION, ALSO KNOWN AS OCEAN VIEW RECYCLING POINT AND CONVENIENCE CENTER PROJECT The Corporation Counsel is authorized to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the private property (containing an area of 21.6397 acres) for compensation not to exceed the current appraised value of $248,000; and is also authorized to negotiate terms of settlement in accordance with the approval of the court before which said proceedings are prosecuted. Re: Comm. 211.3 Intr. by: Ms. Ford First Reading: June 15, 2011 Note: Second of two required readings, Section 101 -13, Hawaii Revised Statutes Res. 84 -11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TWO WORKS OF ART FROM BLAISE DOMINO ARTIST FOR DISPLAY IN HILO AND KONA Donated by Mr. Blaise Domino of the Picture Map Company (valued at $3,000 each), the two giclee on canvas of his historical map, "Island of Hawai`i," will be displayed in the Mayor's Hilo and Kona office reception areas. Re: Comm. 230 Intr. by: Ms. Ford (B /R) Approve: FC -71 Res. 87 -11: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI `I BY AMENDING RULE NO. 14, MOTIONS The amendment clarifies the motion making process set forth in "Exhibit A" (which is attached to this resolution). Re: Comm. 237 Intr. by: Ms. Ford Page 2 Hawaii County Council -22 July 7, 2011 Res. 94 -11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII (RCUH), PURSUANT TO HRS 46 -7, TO DEVELOP A DRUG ABUSE MONITORING AND ASSESSMENT SYSTEM Pursuant to Section 46 -7 authorizes the Mayor to execute on behalf of the County, an agreement and related documents with RCUH in order to develop a drug abuse monitoring and assessment system, which will enhance ongoing criminal justice and community -based strategies to address methamphetamine use, related behavioral health issues, and abuse of other drugs. Re: Comm. 250 Intr. by: Ms. Ford (B /R) Waived: FC Res. 95 -11: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) Transfers /appropriates $1,500,000 out and from Grants to Nonprofit Organization account and credits to the following: Young Women Christian Association Sex Assault Support ($20,000); Brantley Center ($15,000); Salvation Army -Youth Services -Puna ($15,000); Family Support Services of West Hawaii ($55,000); Children Justice Center -West Hawaii ($15,000); Big Island Substance Abuse -West Hawaii ($15,000); Kapi`olani Medical Center for Women and Children -Child Protection Center ($20,000); Children Justice Center -East Hawaii ($15,000); Mental Health Kokua ($5,000); ARC of Hilo ($15,000); Kona Adult Day Center ($15,000); Hawaii Center for Independent Living ($10,000); Big Island Substance Abuse -East Hawaii ($15,000); Bridge House ($15,000); Child & Family Services- Therapeutic Foster /Home ($15,000); Special Olympics -East Hawaii ($15,000); Kona Literacy Council ($2,000); American Red Cross ($15,000); Hawaii Island Adult Care -Hilo Adult Care Centers ($15,000); West Hawaii Mediation ($8,000); Goodwill Industries -Work Experience ($10,000); Special Olympics -West Hawaii ($12,000); Ka Hale O Na Keiki ($8,000); Boys & Girls Club -Big Island ($20,000); The Arc of Kona ($10,000); Hawaii Island Human Immunodeficiency Virus /Acquired Immunodeficiency Syndrome Foundation Hilo ($10,000); Hawaii Island Virus /Acquired Immunodeficiency Syndrome Foundation Kona ($10,000); Young Men's Christian Association - Partners with Youth Services ($20,000); Habitat for Humanity Kona ($20,000); Kuikahi Mediation Center ($11,000); Boys & Girls Club - Hamakua ($15,000); Boys & Girls Club- Kea`au ($15,000); Boys & Girls Club -Ocean View ($25,000); Boys & Girls Club - Pahala ($20,000); Boys & Girls Club - Pahoa ($15,000); Keaukaha One Youth Development ($8,000); Neighborhood Place of Puna ($21,000); Salvation Army Independent Living ($15,000); Child & Family Services - Transitional Housing ($17,000); Child & Family Services - Alternatives to Violence ($17,000); Child & Family Services -West Hawaii Domestic ($17,000); Friends of Big Island Drug Court ($8,000); Goodwill Industries -Job Connection ($10,000); Lyman Museum - Educational & Public Programs ($10,000); Palekana Kai Ocean Safety, LLC ($20,000); West Hawaii Community Health Center ($10,000); (The accounts continue on the next page.) Page 3 Hawaii County Council -22 July 7, 2011 American Cancer Society ($10,000); Arts & Science Center ($25,000); Kalauonaonoeo Puna ($10,000); Neighborhood Place of Kona ($11,000); Puna Community Medical Center ($115,000), Sure Foundation - Yeshua Outreach Center ($50,000); Volunteer Legal Services Hawaii ($35,000); Young Women Christian Association - Healthy Start Program ($60,000); Big Island Substance Abuse Council - Kokua Employee Assistance Program ($7,000); Dragons Eye Learning Center ($1,000); Grassroots Community Development- Kea`au Youth ($35,000); Habitat for Humanity Hilo ($18,000); Hale Kipa- Intensive In -Home ($15,000); Hamakua Youth Foundation ($15,000); Hawaii Island Workforce and Economic Development Ohana- Going Home ($15,000); Hawaii Island Workforce and Economic Development Ohana - Huiana Internship ($15,000); Kona Historical Society ($8,000); O Ka`u Kakou ($15,000); Puna Men's Chorus ($1,000); Green Will Conservancy -Hui Mana`o ($1,000); Hawaii County Economic Opportunity Council -Food Service Training Program ($50,000); Hawaii County Economic Opportunity Council- Garden Education ($40,000); Hawaii County Economic Opportunity Council -Youth Mentoring ($58,000); Hawaii Future Farmers Association Foundation ($24,000); Hope Services Hawaii- Beyond Shelter ($10,000); Hope Services Hawaii- Care -A- Van ($10,000); Hope Services Hawaii -HOPE Resource Center ($12,000); Hope Services Hawaii- Kaloko Transitional Housing ($20,000); Hope Services Hawai`i- Kihei Pua Emergency Shelter ($10,000); Hope Services Hawaii -West Hawaii Emergency Housing ($10,000); Hui Malama Ola Na `Oiwi -Kokua Hali Health Transportation ($20,000); Hui Malama Ola Na `Oiwi -Mai Ka Mala`ai Diabetes ($5,000); Hui Malama Ola Na `Oiwi -No Ka Wahine ($15,000); Hui Pono Holoholona ($11,000); Kohala Community Resource Center ($15,000); Ku Aloha Ola Mau ($5,000); National Kidney Foundation of Hawaii ($19,000); YARH - Youth At Risk Hawaii ($15,000), for a total of $1,500,000. Transfers $1,500,000 from the Grants to Nonprofit Organization account to the individual accounts as recommended by the Committee on Human Services, Social Services and Public Safety pursuant to Council Communication No. 94.2. Re: Comm. 251 Intr. by: Ms. Ford (B /R) Waived: FC Res. 96 -11: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI `I BY AMENDING RULE NO. 19, ORDER AND DECORUM IN COUNCIL AND COMMITTEE MEETINGS The amendment clarifies member conduct ensuring civility and fairness at every meeting as set forth in "Exhibit A" (which is attached to this resolution). Re: Comm. 252 Intr. By: Ms. Ford Page 4 Hawaii County Council -22 July 7, 2011 Res. 97 -11: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI `I BY AMENDING RULE NO. 5, COMMITTEES The amendment clarifies standing committees, referrals to standing committees, and the responsibilities of the committee chairperson as set forth in "Exhibit A" (which is attached to this resolution). Re: Comm. 253 Intr. by: Ms. Ford Res. 98-11: APPROVES THE COST ADJUSTMENTS AND BENEFITS FOR EXCLUDED EMPLOYEES OF THE LEGISLATIVE BRANCH OF THE COUNTY OF HAWAII Effective July 1, 2011, all changes related to the cost and administration of the benefit plans afforded by the EUTF that take effect for bargaining unit employees, shall also apply to eligible County employees in the Legislative Branch who are appointed or excluded from Bargaining Units 02, 03, 04, and 13 in the EMCP, or in appointed or elected positions. Re: Comm. 258 Intr. by: Ms. Ford Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 59: PLANNING DIRECTOR INITIATED: AMENDS ORDINANCE NO. 03 -82 WHICH AMENDED SECTION 25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL — 20,000 SQUARE FEET (ML -20) TO INDUSTRIAL- COMMERCIAL MIXED USE — 20,000 SQUARE FEET (MCX -20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2 -2- 035:061 (approx. 21,050 square feet) The proposed amendment to Condition F will allow the landowner to dispose of development - generated wastewater in a manner meeting the approval of the State Department of Health. Re: Comm. 225 Intr. by: Mr. Hoffmann Approve: PC -22 Bill 60: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Section 24- 265(a) by adding: "Kal6pa Road, westbound approach to Bridge No. 44 -9" and "Kal6pa Road, Westbound approach to Bridge No. 44 -10." Re: Comm. 228 Intr. by: Mr. Blas Approve: PWPRC -19 Page 5 Hawaii County Council -22 July 7, 2011 Bill 268 (Draft 2): AMENDS CHAPTER 9 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS (2008 -2010) AMENDED) RELATING TO THE COUNTY ELECTRICAL CODE The State Building Code Council has reviewed and proposed the adoption of the 2008 National Electrical Code (NEC) with amendments (with the exception of the administrative portion of the code which varies by each County). (There are substantial changes to most sections.) Re: Comm. 874.3 Intr. by: Mr. Hoffmann Waived: PWIRC Postponed: September 9, 2010 March 16, 2011: Recommits Bill 268, Draft 2, to the Public Works and Parks and Recreation Committee Approve: PWPRC -20 and Comm. 126.5: From Public Works Director Warren H. W. Lee, dated June 22, 2011, transmitting a proposed amendment to Bill 268, Draft 2 (amends Section 24 by changing the effective date from "thirty" to "ninety" days after approval). Bill 269 (Draft 2): AMENDS CHAPTER 17 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS (2008 -2010) AMENDED) RELATING TO PLUMBING The State Building Code Council has reviewed and proposed the adoption of the 2006 Uniform Plumbing Code (UPC) with amendments (with the exception of the administrative portion of the code which varies by each County). (There are substantial changes to most sections.) Re: Comm. 875.6 Intr. by: Mr. Enriques Waived: PWIRC Postponed: September 9, 2010 March 16, 2011: Recommits Bill 269, Draft 2, to the Public Works and Parks and Recreation Committee Approve: PWPRC -21 and Comm. 127.1: From Public Works Director Warren H. W. Lee, dated June 22, 2011, transmitting a proposed amendment to Bill 269, Draft 2 (amends Section 14 by changing the effective date from "thirty" to "ninety" days after approval). Page 6 Hawaii County Council -22 July 7, 2011 Bill 270 (Draft 2): REPEALS CHAPTER 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS (2008 -2010) AMENDED), TO BE REPLACED BY A NEW CHAPTER 5, RELATING TO BUILDING The State Building Code Council has reviewed and proposed the adoption of the 2006 International Building Code (IBC) with amendments. (Repeals Chapter 5 of the Hawaii County Code (Building) and replaces it with a new Chapter 5.) Re: Comm. 876.7 Intr. by: Mr. Enriques Waived: PWIRC Postponed: September 9, 2010 March 16, 2011: Recommits Bill 270, Draft 2, to the Public Works and Parks and Recreation Committee Approve: PWPRC -22 and Comm. 128.1: From Public Works Director Warren H. W. Lee, dated June 22, 2011, transmitting a proposed amendment to Bill 270, Draft 2 (amends Section 5 by changing the effective date from "thirty" to "ninety" days after approval). ORDER OF THE DAY (SECOND OR FINAL READING) Bill 53: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF $2,300,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII The State Department of Health indicates that funding through the State Water Pollution Control Revolving Fund Loan Program will be available for the Pua Sewage Pump Station -Pump Replacement Project, which is scheduled to start in the first quarter of FY11 -12 (and is included in the proposed FY11 -12 Capital Improvement Program Budget). Re: Comm. 213 Intr. by: Ms. Ford (B /R) First Reading: June 15, 2011 Page 7 Hawaii County Council -22 July 7, 2011 Bill 54: AMENDS CHAPTER 12, ARTICLE 3, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO IMPROVEMENTS BY ASSESSMENTS Relating to the administration of Improvement Districts, the purpose of this bill is to improve efficiency and reduce costs by allowing additional options in tax assessment frequency contained in Section 12 -34, and by amending the default criteria contained in Section 12 -40 to allow for consolidation of delinquencies for foreclosure proceedings when it is in the best interest of the County. Re: Comm. 215 Intr. by: Ms. Ford (B /R) First Reading: June 15, 2011 Bill 55: AMENDS CHAPTER 12, ARTICLE 1, 2, AND 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO IMPROVEMENTS BY ASSESSMENTS The purpose of this bill is to amend the chapter to align and coordinate the respective responsibilities and involvement of various County departments with respect to improvement districts and to clarify and revise certain provisions relating to such provisions. Re: Comm. 216 Intr. by: Ms. Ford (B /R) First Reading: June 15, 2011 REPORTS PC -20 Forwards to Council a negative recommendation of the confirmation of (Comm. 224): Mr. Henry K. Kaaihue, Jr., to the Board of Appeals due to the following vote: 4 -ayes, 1 -no, 4- absent. PC -21 Recommends the confirmation of Mr. Wayne Joseph to the Board of Appeals. (Comm. 226): EMC -2 Recommends the confirmation of Ms. Anne M. Lee to the Environmental (Comm. 223): Management Commission. EMC -3 Recommends the confirmation of Mr. Thomas Randle to the Environmental (Comm. 223): Management Commission. Page 8 Hawaii County Council -22 July 7, 2011 REFERRALS FOR EXECUTIVE SESSION Comm. 197: COUNTY OF HAWAII V. UNIDEV, ET. AL. CIVIL NOS. 09- 01 -264K & 10- 1 -0427K From Deputy Corporation Counsel Laureen L. Martin, dated May 3, 2011. Postponed: June 15, 2011 Comm. 236: CLAIM AGAINST THE COUNTY /CHRISTOPHER SPENSE From Deputy Corporation Counsel Kyle Chang, dated June 14, 2011. Comm. 254: HIRING OF SPECIAL COUNCIL FOR WORKERS COMPENSATION DIVISION From Corporation Counsel Lincoln S. T. Ashida dated, June 1, 2011. States that they anticipate discussion on pricing information protected from present disclosure pursuant to Chapter 103D, Hawaii Revised Statues, 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 Rule 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.) Comm. 64.94: REQUEST TO RESCIND THE MOTION FOR PUBLIC HEARINGS RE BILL 17, DRAFT 2 (RELATING TO PLASTIC BAG REDUCTION) From Council Member Brenda J. Ford, dated June 23, 2011, requesting this matter be placed on the agenda under "Other Business." States she anticipates making a motion to rescind the public hearings that was approved at the Council's March 2, 2011 meeting. (If the motion to rescind is approved, Bill 17, Draft 2, will be live on the floor at second reading.); and (Bill 17, Draft 2, continues on the next page.) Page 9 Hawaii County Council -22 July 7, 2011 Bill 17 (Draft 2): AMENDS CHAPTER 14, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE RELATING TO PLASTIC BAG REDUCTION Reduces the use of plastic bags and encourages the use of environmentally preferable alternatives, such as reusable bags (addresses only plastic shopping bags distributed to customers at checkout). States the Environmental Management Director shall administer this article including providing education and enforcement, and shall adopt administrative rules including defining permissible bags and establishing penalties pursuant to Hawaii Revised Statutes, Chapter 91, within 180 days from the effective date of this ordinance. Re: Comm. 64.56 Intr. by: Mr. Hoffmann First Reading: February 16, 2011 Postponed: March 2, 2011 Public Hearing: June 7, 2011 (Note: Public hearings have been scheduled on the following dates: July 13, 2011 (Pahoa Community Center), July 26, 2011 (Na`alehu Community Center), August 25, 2011 (Hilo Council Room), October 27, 2011 (Papa`aloa Gym), and November 15, 2011 (West Hawaii Civic Center Council Room).) (Note: There is a pending motion by Mr. Hoffmann, and duly seconded by Ms. Ford to approve Bill 17, Draft 2). ANNOUNCEMENTS ADJOURNMENT Note: B /R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961 -8255 by July 5, 2011. Relay users please call 711(961 -8255) to contact our office. Copies of this agenda and items listed on the agenda are available on the County Council -Clerk web page at http: / /co.hawaii.hi.us /council /a eg_ ndas and actions.htm For further information, please call 961 -8255. Public Attendance via Videoconference is available at the following locations: • Kona Council Office, West Hawaii Civic Center, 74 -5044 Ane Keohokalole Highway, Building A; and • Waimea Council Office at the Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5. Page 10 Hawaii County Council -22 July 7, 2011 If for technical or other unanticipated circumstances the video connection cannot be made and /or is disrupted, the scheduled meeting will continue. Submitting Testimony Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to counciltestimonV co.hawaii.hi.us Please submit separate testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: Wednesdays, July 13 and 20 at 6 p.m.; Fridays, July 15 and 22 at 12 p.m.; and Sundays, July 17 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 Hawaii. Please check the current legislative broadcast schedule on the Na Leo `O Hawaii website at http: / /www.naleo.ty /schedule.) UPCOMING MEETINGS WEDNESDAY, JULY 13, 2011 COUNCIL PUBLIC 5 P.M. PAHOA COMMUNITY CENTER HEARING RE BILL 17, 15 -3022 Kauhale Street Highway, DRAFT 2 (PLASTIC BAG Pahoa REDUCTION) TUESDAY, JULY 19, 2011 COMMITTEES TBA WEST HAWAII CIVIC CENTER 74 -5044 Ane Keohokalole Highway Building A WEDNESDAY, JULY 20, 2011 COUNCIL 9:00 A.M. WEST HAWAII CIVIC CENTER 74 -5044 Ane Keohokalole Highway Building A Page 11