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Home My WebLink AboutAGE COUNCIL 07/22/2011 2010-2012 DOMINIC YAGONG �`' < wry FRED BLAS Chairperson and Presiding Officer � �6il ' BRENDA FORD `�.% /, ;. t PETE HOFFMANN K. ANGEL PILAGO • DONALD IKEDA Vice Chair •?:4T , , , DENNIS "FRESH" ONISHI • °F , "� ' ' BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai `1 Hawai`i County Building 25 Aupuni Street , —" Hilo, Hawai`i 96720 23` Session ! -� ORDER OF BUSINESS Hawai`i County Council Council Room West Hawai`i Civic Center 74 -5044 Ane Keohokalole Highway, Building A Kona, Hawai`i Friday, July 22, 2011 9:00 a.m. INVOCATION Pastor Keith Elliot of the Kona Church of God 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. Hawai‘i County Council-23 July 22, 2011 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES April 6, 2011 COMMUNICATIONS Comm. 271: HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) PROPOSED SLATE OF OFFICERS FOR THE FISCAL YEAR 2011-2012 From HSAC Vice Chairman K. Angel Pilago, dated July 7, 2011, transmitting for Council’s consideration and approval, a modified slate of officers for the fiscal year 2011-2012 (the modified slate includes two proposals: HSAC’s or Hawai‘i County’s proposed slate of officers). Council action is required before the next HSAC Executive Committee meeting. Waived: GRC ORDER OF RESOLUTIONS Res. 60-11 (Draft 2): TEMPORARILY DELAYS COUNCIL ACTION ON GENERAL PLAN AMENDMENTS AND REZONING APPLICATIONS IN THE DISTRICT OF KA‘Ū UNTIL THE KA‘Ū COMMUNITY DEVELOPMENT PLAN (CDP) IS ADOPTED BY ORDINANCE, OR UNTIL DECEMBER 31, 2012, WHICHEVER SHALL OCCUR FIRST The delay shall not affect or apply to any and all Federal, State, and County community-based and/or self-help housing projects involving agencies and programs including, but not limited to: 1) State Department of Hawaiian Home Lands housing projects; 2) State Housing and Community Development Corporation of Hawai‘i program; 3) Public projects involving schools, water and sewer systems, and any other projects that specifically benefit the public’s health, safety, and welfare; and 4) The Habitat for Humanities program, elderly housing projects, and homeless shelters. (It shall not affect or apply to any and all pending applications which have been accepted by the Planning Department as complete, assigned a file number, and are being processed on or before the adoption of this resolution.) Re: Comm. 163.11 Intr. by: Ms. Smart Approve: PC-24 Page 2 Hawai‘i County Council-23 July 22, 2011 Res. 85-11: ACCEPTS THE DEDICATION OF ROAD LOT 4-B, BEING A PORTION OF TAX MAP KEY: (3)7-5-004:056, SITUATE AT MOEAUOA 2ND AND LANIHAU 2ND, DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAI‘I, FROM PRII WESTWOOD LANIHAU EXPANSION LLC Containing an area of 532 square feet, the road widening improvements have been inspected and approved by the Public Works Department, and dedication approval have been received by the Department of Water Supply, Planning Department, and Environmental Management Department. Re: Comm. 232 Intr. by: Mr. Blas Approve: PWPRC-23 Res. 86-11: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF LOT 20-C, SITUATED AT KAIWIKI 3RD, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAI‘I, BEING A PORTION OF TAX MAP KEY: (3)2-9-004-020, FROM AMY L. DUNN Containing an area of 0.191 acre, the donation of the encroachment area to the County of Hawai‘i for a public right-of-way has been approved by the Public Works Department, Department of Water Supply, Planning Department, and Environmental Management Department. Re: Comm. 233 Intr. by: Mr. Blas Approve: PWPRC-24 Res. 89-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $5,000 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT THE BIG ISLAND BASKETBALL OFFICIATING CLINIC Donated by an anonymous source, the funds would be used by the Big Island Basketball Officials Association for travel expenses for the trainers of the clinic. Re: Comm. 244 Intr. by: Ms. Ford Approve: FC-72 Res. 90-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $500 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT THE SUMMER FUN PROGRAM AT THE PA‘AUILO GYM Donated by the Pa‘auilo Camp Community Association, funds would be used by the Summer Fun Program at the Pa‘auilo Gym, which provides activities and recreation for the local youth, by supplementing program fees. Re: Comm. 245 Intr. by: Ms. Ford Approve: FC-73 Page 3 Hawai‘i County Council-23 July 22, 2011 Res. 91-11: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF THREE ALPACAS TO THE DEPARTMENT OF PARKS AND RECREATION FOR USE AT THE PETTING ZOO IN THE PANA‘EWA RAINFOREST ZOO AND GARDENS Donated by the owners of Big Island Alpaca Farms, Tess and Dave Wilkinson, the three Alpacas (total value of $30,000), will be utilized at the petting zoo of the Pana‘ewa Rainforest Zoo and Gardens. Re: Comm. 246 Intr. by: Ms. Ford Approve: FC-74 Res. 92-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $2,400 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT THE KAWĀNANAKOA CENTER SUMMER FUN PROGRAM Donated by an anonymous source, the funds would be used to support the Kawānanakoa Center Summer Fun program. Re: Comm. 247 Intr. by: Ms. Ford Approve: FC-75 Res. 93-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF A SCENT TRACKING DOG FROM THE FRIENDS OF THE MISSING CHILD CENTER- HAWAI‘I, FOR USE IN LOCATING MISSING CHILDREN Donated by Friends of the Missing Child Center-Hawai‘i, the Labrador search dog (estimated value of $4,500), will be utilized to help locate missing children by the Kona Police Department’s Juvenile Aide Section. Re: Comm. 248 Intr. by: Ms. Ford Approve: FC-76 Res. 105-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY CONTRIBUTION FROM NA LEO ‘O HAWAI‘I, INC. FOR PRODUCTION COSTS ASSOCIATED WITH THE VIDEOTAPING OF COUNCIL MEETINGS Contributed by Na Leo ‘O Hawai‘i ($75,000), the funds would be used for production costs associated with the videotaping of Council meetings for the period of July 1, 2011 to June 30, 2012. Re: Comm. 268 Intr. by: Mr. Yagong Waived: FC Page 4 Hawai‘i County Council-23 July 22, 2011 BILLS FOR ORDINANCES (FIRST READING) Bill 62 (Draft 2): AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-46 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ADDITION OF CIVIL DEFENSE SIRENS TO CONCURRENCY REQUIREMENTS Creates concurrency standards for civil defense sirens (requires that an area be adequately serviced by civil defense sirens as part of the processing of any zoning amendment on an application for extension of time to perform a condition of zoning amendment, and would apply to certain types of applications, which are stated in the bill). Re: Comm. 235.2 Intr. by: Mr. Hoffmann Approve: PC-23 (Note: Subsequent Bill 291, Draft 2 (2008-2010), listed on this agenda was “Postponed to the Call of the Chair” at its meeting held on March 16, 2011, pending the introduction of a new proposal (Bill 62) for the Council’s review.) Bill 64: TERMINATES IMPROVEMENT DISTRICT (ID) NO. 17, CANCELLATION OF ASSESSMENT INSTALLMENTS, AND DISTRIBUTION OF REFUNDS FOR COUNTY OF HAWAI‘I IMPROVEMENT DISTRICT NO. 17 (KALOKO SUBDIVISION) Pursuant to Hawai‘i County Code, Section 12-28.1, the Finance Director has determined that all outstanding or anticipated debts or obligations of the ID have been paid or can be satisfied with the assessments paid to-date. Authorizes the Finance Director to terminate the ID and to provide for the disposition of cash remaining in the ID Assessment Fund upon its termination and close the ID Assessment Fund. Re: Comm. 249 Intr. by: Ms. Ford Approve: FC-77 Page 5 Hawai‘i County Council-23 July 22, 2011 Bill 291 (Draft 2): AMENDS CHAPTER 25 (ZONING), ARTICLE 4, OF THE HAWAI‘I COUNTY (2008-2010) CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW DIVISION RELATING TO TSUNAMI SIRENS Ensures that any coastal development meeting the parameters of this ordinance that has not received plan approval prior to the enactment of this ordinance will include a tsunami siren in its design and construction. (Adds the following sections to the new division: “Definitions,” “Applicability,” “Tsunami siren required; exemption,” and “Tsunami siren compatibility; approval by civil defense agency.” Re: Comm. 925.2 Intr. by: Mr. Hoffmann Approve: HSSPSC-1 Postponed: March 2, 2011 Postponed: March 16, 2011 (Note: There is a pending motion by Mr. Hoffmann, and duly seconded by Ms. Smart to approve Bill 291, Draft 2). ORDER OF THE DAY (SECOND OR FINAL 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 HAWAI‘I 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 WAIĀKEA, SOUTH HILO, HAWAI‘I, 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 First Reading: July 7, 2011 Bill 60: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Section 24-265(a) by adding: “Kalōpā Road, westbound approach to Bridge No. 44-9” and “Kalōpā Road, Westbound approach to Bridge No. 44-10.” Re: Comm. 228 Intr. by: Mr. Blas First Reading: July 7, 2011 Page 6 Hawai‘i County Council-23 July 22, 2011 Bill 268 (Draft 3): AMENDS CHAPTER 9 OF THE HAWAI‘I 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. 126.6 Intr. by: Mr. Hoffmann Postponed: September 9, 2010 March 16, 2011: Recommits Bill 268, Draft 2, to the Public Works and Parks and Recreation Committee First Reading: July 7, 2011 Bill 269 (Draft 3): AMENDS CHAPTER 17 OF THE HAWAI‘I 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. 127.2 Intr. by: Mr. Yagong Postponed: September 9, 2010 March 16, 2011: Recommits Bill 269, Draft 2, to the Public Works and Parks and Recreation Committee First Reading: July 7, 2011 Bill 270 (Draft 3): REPEALS CHAPTER 5 OF THE HAWAI‘I 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 Hawai‘i County Code (Building) and replaces it with a new Chapter 5.) Re: Comm. 128.2 Intr. by: Mr. Yagong Postponed: September 9, 2010 March 16, 2011: Recommits Bill 270, Draft 2, to the Public Works and Parks and Recreation Committee First Reading: July 7, 2011 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended May 31, 2011 from the Department of Finance. EDMTC-1 Recommends the confirmation of Mr. Douglas Espejo (Council District 3) to the (Comm. 231): Transportation Commission. Page 7 Hawai‘i County Council-23 July 22, 2011 REFERRALS FOR EXECUTIVE SESSION 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. 64.113: DISCUSSION ON RECISSION OF THE MOTION FOR PUBLIC HEARINGS RE BILL 17, DRAFT 2 (PLASTIC BAG REDUCTION) From Council Member Brenda J. Ford, dated July 8, 2011, requesting this matter be placed on the agenda; and Bill 17 (Draft 2): AMENDS CHAPTER 14, HAWAI‘I 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 Hawai‘i 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 26, 2011 (Nā‘ālehu Community Center), August 25, 2011 (Hilo Council Room), October 27, 2011 (Pāpa‘aloa Gym), and November 15, 2011 (West Hawai‘i Civic Center Council Room).) At the Council meeting of July 7, 2011, Bill 17, Draft 2, was listed on the agenda due to Ms. Ford’s request to rescind the motion for public hearings re Bill 17, Draft 2, as contained in Communication 64.94. Ms. Ford withdrew her request (Comm. 64.94), and the accompanying bill was also withdrawn from the agenda. (Note: There is a pending motion by Mr. Hoffmann, and duly seconded by Ms. Ford to approve Bill 17, Draft 2). ANNOUNCEMENTS ADJOURNMENT Page 8 Hawai‘i County Council-23 July 22, 2011 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 20, 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/agendas_and_actions.htm. For further information, please call 961-8255. Notice is hereby given that pursuant to Hawai‘i Revised Statutes (hereinafter “HRS”) §92-3.5, the Hawai‘i County Council will be conducting this meeting via videoconference. Council Members will be present at the following locations:  County Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401; and  Kona Council Room, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A. Public Attendance via Videoconference is available at the locations above and at the Waimea Council Office at the Holomua Center, 64-1067 Māmalahoa Highway, Suite 5, 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. 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: rdththst Wednesday, August 3 at 6 p.m.; Fridays, July 29 and August 5 at 12 p.m.; and Sundays, July 31 and th August 7 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 TUESDAY, JULY 26, 2011 COUNCIL PUBLIC 5 P.M. NĀ‘ĀLEHU COMMUNITY CENTER 95-5635 Māmalahoa Highway, HEARING RE BILL 17, Nā‘ālehu DRAFT 2 (PLASTIC BAG REDUCTION) TUESDAY, AUGUST 2, 2011 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, AUGUST 3, 2011 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 9