HomeMy WebLinkAboutAGE COUNCIL 09/08/2011 2010-2012DOMINIC YAGONG
Chairperson and Presiding Officer
K. ANGEL PILAGO
Vice Chairperson
26th Session
INVOCATION
CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNTY COUNCIL
County of Hawai
Hawai `i County Building
25 Aupuni Street
Hilo, Hawat`i 96720
ORDER OF BUSINESS
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i
Thursday, September 8, 2011
10:30 a.m.
FRED BLAS
BRENDA FORD
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISH1
BRITTANY SMART
J YOSHIMOTO
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Reverend Yuika Hasabe of Honpa Hongwanji Hilo Betsuin
(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-26 September 8, 2011
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
10:30 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
(NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR)
APPROVAL OF MINUTES
May 4, 2011
COMMUNICATIONS
Comm. 329: HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) AMENDED SLATE OF
OFFICERS FOR THE FISCAL YEAR 2011-2012
From Vice Chair K. Angel Pilago, dated August 17, 2011, transmitting for Council’s
consideration and approval, the amended HSAC slate of officers as follows:
Mel Rapozo, President; K. Angel Pilago, Vice-President; Stanley Chang, Secretary; and
Joseph Pontanilla, Treasurer.
Waived: GRC
Comm. 330: HAWAI‘I COUNTY’S SUBMITTAL FOR INCLUSION IN HAWAI‘I STATE
ASSOCIATION OF COUNTIES (HSAC) 2012 LEGISLATIVE PACKAGE
From Council Vice Chair K. Angel Pilago, dated August 25, 2011, transmitting for
Council’s review and consideration, a HSAC resolution emphasizing support for House
Bill 1521 relating to electronic waste recycling.
Waived: GRC
ORDER OF RESOLUTIONS
Res. 119-11: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF LOT 8, SITUATED AT
THE SOUTHWEST SIDE OF KAILUA-KEAUHOU BEACH ROAD, AT KAHULUI
ST
1, DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAI‘I, BEING
TAX MAP KEY: (3)7-5-019-025, FROM WENDELL KWAI SUNG FOO, TRUSTEE
OF THE FOO 1980 TRUST AGREEMENT, AND SUE LING FOO, TRUSTEE OF THE
FOO 1980 TRUST AGREEMENT, AND A PORTION OF L.C.A. 7713, APANA 43,
COUNTY AND STATE OF HAWAI‘I, BEING TAX MAP KEY: (3)7-6-017-083,
FROM WENDELL K.S. FOO
Consisting of 2,520 square feet (TMK: (3)7-5-019-025) and 0.19 acres
(TMK: (3)7-6-017-083), the donations are for use in the Ali‘i Drive Culvert
Replacement Project and for public purpose. The donations have been approved
by the Planning Department, Department of Public Works, Department of Water Supply,
and the Real Property Tax Division.
Re: Comm. 297
Intr. by: Ms. Ford (B/R)
Approve: FC-96
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Hawai‘i County Council-26 September 8, 2011
Res. 120-11 (Draft 2): RELATES TO THE CONSTRUCTION OF PERMANENT IMPROVEMENTS TO THE
LONO KONA SUBDIVISION IN NORTH KONA, COUNTY OF HAWAI‘I, FOR THE
INSTALLATION OF A SEWER STYSTEM, IN ACCORDANCE WITH CHAPTER 12
OF THE HAWAI‘I COUNTY CODE RELATING TO IMPROVEMENTS BY
ASSESSMENTS
Property owners of the Lono Kona Subdivision have requested the installation of a sewer
system and the incidental requirements of such improvement. This resolution directs the
Environmental Management Department’s Director to prepare and submit to the Council a
report containing information in accordance with Chapter 12, Article 2, Section 12-10(a),
paragraphs 1-8 of the Hawai‘i County Code 1983 (2005 Edition, as amended).
Re: Comm. 301.2
Intr. by: Mr. Pilago
Approve: PWPRC-30
BILLS FOR ORDINANCES (FIRST READING)
Bill 81: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2012
Appropriates revenues in Federal Grants – Victims of Crime Act – American
Recovery and Reinvestment Act (ARRA) ($8,892); and appropriates same to
Victims of Crime Act – ARRA. Funds would be used to provide assistance to
victims of felony and misdemeanor violent crimes.
Re: Comm. 300
Intr. by: Ms. Ford (B/R)
Approve: FC-97
Bill 88: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2012
Appropriates revenues in Fund Balance From Previous Year ($450,000); and
appropriates same to Transfer to Capital Projects Fund - Geothermal [Discretionary
Road Projects, District 5-5390.58]. Funds would be used for the benefit of Lower
Puna, including but not limited to, road improvements, water infrastructure
development, land acquisition, parks and recreational facility needs, and civil
defense mass transit improvements.
Re: Comm. 331
Intr. by: Mr. Blas
Waived: FC
; and
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Hawai‘i County Council-26 September 8, 2011
Bill 89: 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 Public Works: Discretionary Road Projects-Geothermal Funds-Council
District 5 ($450,000). Funds shall be provided from Transfer from Geothermal
Relocation and Community Benefits Fund ($450,000). Funds would be used
towards improvements of Kahakai Boulevard, Ka‘ohe Road, and Pāhoa Village
Road.
Re: Comm. 331
Intr. by: Mr. Blas
Waived: FC
Note: Requires 2/3 vote of the entire membership to
amend, pursuant to Section 10-6(e), Hawai‘i
County Charter
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 72: INITIATES AN AMENDMENT TO ARTICLE XIII, SECTION 13-20 OF THE
HAWAI‘I COUNTY CHARTER (2010), RELATING TO RECORDS AND
MEETINGS OPEN TO THE PUBLIC
Aligns the Hawai‘i County Charter with the provisions of the Hawai‘i Revised
Statutes (HRS) with regard to meetings that may be called by the Hawai‘i County
Council or a County board or commission. This proposal initiates an amendment to
the Hawai‘i County Charter that would repeal provisions for notice that are no
longer applicable to special meetings and add reference to the HRS for notice of
regular, special, rescheduled, and emergency meetings.
Re: Comm. 275
Intr. by: Ms. Ford
First Reading: August 17, 2011
Note: Second of three required readings, pursuant to
Section 15-1(a), Hawai‘i County Charter, a 2/3
vote of the entire membership is required to pass
each reading
Page 4
Hawai‘i County Council-26 September 8, 2011
Bill 75: 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 24-265(a), by adding: “Kalōpā
Road, eastbound approach to Bridge adjacent to parcels 4-4-2:5, 4-4-2:6, 4-4-9:3,
and 4-4-9:8” and “Kalōpā Road, eastbound approach to Bridge adjacent to parcels
4-4-3:42, 4-4-4:6, 4-4-6:1, and 4-4-8:48.” The purpose of this measure is to
establish right-of-way and to update the Hawai‘i County Code to match existing
conditions.
Re: Comm. 281
Intr. by: Mr. Blas
First Reading: August 17, 2011
Bill 76: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6 OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
LOADING ZONES
Amends Chapter 24, Article 10, Division 6, Section 24-288(c), by adding: “Kīlauea
Avenue, southwest side, beginning from a point sixty-four feet northwest of
Ponahawai Street and extending forty feet in the northwesterly direction.” The
purpose of this measure is to address a request for a freight loading zone along
Kīlauea Avenue to service the businesses in the area.
Re: Comm. 282
Intr. by: Mr. Blas
First Reading: August 17, 2011
Bill 77: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I 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 $9,200,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF
HAWAI‘I FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER
PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I
Funds would be used for the following projects: 1) Kalaniana‘ole Interceptor Sewer
Rehabilitation Phase II ($8,000,000), which involves the rehabilitation of the
existing Kalaniana‘ole Avenue Interceptor from Kea‘a Street to the end of Keokea
Loop Road where it is severely deteriorated; and 2) Kula‘imano and Pāpa‘ikou
Dewatering ($1,200,000), which involves the replacement of sludge dewatering
units at the Pāpa‘ikou and Kula‘imano Wastewater Treatment Plants.
Re: Comm. 283
Intr. by: Ms. Ford (B/R)
First Reading: August 17, 2011
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Hawai‘i County Council-26 September 8, 2011
Bill 78: 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 Contribution from Private Source ($500); and appropriates
same to Kona Police-Other Current Expenses.
Re: Comm. 285
Intr. by: Ms. Ford (B/R)
First Reading: August 17, 2011
Bill 79: 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 HOME Program Income ($21,373.21) and HOME Program
Income ($21,146.21), for a total of $42,519.42; and appropriates to Kaloko Housing
Project County of Hawai‘i ($21,373.21) and Tenant Based Rental County of
Hawai‘i ($21,146.21), for a total of $42,519.42.
Re: Comm. 298
Intr. by: Mr. Hoffmann
First Reading: August 17, 2011
Bill 80 (Draft 2): AMENDS CHAPTER 11, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO AFFORDABLE HOUSING POLICY
The amendment deletes the in-lieu fee provisions, further clarifies the satisfaction of
affordable housing requirements and the sale of lots and units requirements, and
addresses other housekeeping issues.
Re: Comm. 299.2
Intr. by: Mr. Hoffmann
First Reading: August 17, 2011
REPORTS
REFERRALS FOR EXECUTIVE SESSION
Comm. 311: CLAIM AGAINST THE COUNTY OF HAWAI‘I/DONNA ACOL BERDON
From Deputy Corporation Counsel Kyle Chang, dated August 12, 2011.
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 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.)
ANNOUNCEMENTS
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Hawai‘i County Council-26 September 8, 2011
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 September 6, 2011. Relay users please call 711(961-8255) to contact our
office.
Public Attendance via Videoconference is available at the following locations:
Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A; and
Waimea Council Office at the Holomua Center, 64-1067 Māmalahoa Highway, Suite 5.
If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the
scheduled meeting will continue.
Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at
http://co.hawaii.hi.us/council/agendas_and_actions.htm. 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:
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Wednesdays, September 14 and 21 at 6 p.m.; Fridays, September 16 and 23 at 12 p.m.; and Sundays,
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September 18 and 25 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, SEPTEMBER 20, 2011
COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
WEDNESDAY, SEPTEMBER 21, 2011
COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
TUESDAY, OCTOBER 4, 2011
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
TUESDAY, OCTOBER 5, 2011
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
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