HomeMy WebLinkAboutAGE COUNCIL 09/21/2011 2010-2012DOMINIC YAGONG
Chairperson and Presiding Officer
K. ANGEL PILAGO
Vice Chairperson
27th Session
INVOCATION
CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
ORDER OF BUSINESS
Hawai`i County Council
Council Room
West Hawai`i Civic Center
74 -5044 Ane Keohokalole Highway, Building A
Kona, Hawai`i
Wednesday, September 21, 2011
9:00 a.m.
Pastor Koa Texeira of Solid Rock Ministries
FRED BLAS
BRENDA FORD
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
BRITTANY SMART
J YOSHIMOTO
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(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-27 September 21, 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
May 4, 2011 Postponed: September 8, 2011
COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 123-11: APPROVES FOR INCLUSION IN THE 2012 HAWAI‘I STATE ASSOCIATION OF
COUNTIES’ LEGISLATIVE PACKAGE REQUESTING THE LEGISLATURE OF
THE STATE OF HAWAI‘I REMOVE THE CEILING ON THE COUNTIES’ SHARE
OF THE TRANSIENT ACCOMMODATION TAX (TAT)
The Governor, on June 9, 2011, signed into law Act 103, imposing a ceiling of
$93,000,000 on the amount of TAT funds transferred to the counties from July 1, 2011
through June 30, 2015.
Re: Comm. 313
Intr. by: Mr. Onishi
Approve: GRC-5
Res. 124-11: AUTHORIZES THE DIRECTOR OF FINANCE TO EXECUTE GRANT OF
EASEMENTS IN FAVOR OF THE STATE OF HAWAI‘I, DEPARTMENT OF
AGRICULTURE FOR IRRIGATION PURPOSES
Authorizes the Finance Director to execute grant of easements in favor of the State of
Hawai‘i, Department of Agriculture, for irrigation purposes over and across roadways
within Tax Map Key No. (3)6-6-005 (certain parcel of land situated at Waikoloa, Lalamilo
and Lihue, Waimea, and South Kohala).
Re: Comm. 321
Intr. by: Mr. Blas
Approve: PWPRC-35
Res. 125-11: AMENDS SALARY ORDINANCE NO. 11-54 BY AMENDING SECTION 7.02(B) BY
ADDING THE ACCOUNTANT IV CLASS OF WORK
Request by the Office of Housing and Community Development to reallocate the position
of Housing and Community Development Specialist V (SR-24) to Accountant IV (SR-24).
Amends Ordinance No. 11-54 by adding the Account IV, SR-24 (BU-13) class, and
renumbers all subsequent classes of work.
Re: Comm. 322
Intr. by: Ms. Ford (B/R)
Approve: FC-98
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Hawai‘i County Council-27 September 21, 2011
Res. 126-11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF OCEAN SAFETY
EQUIPMENT FOR USE BY THE HAWAI‘I FIRE DEPARTMENT’S OCEAN SAFETY
DIVISION
Donated by the Daniel Sayre Memorial Foundation, the equipment (Surftech rescue
surfboards, Zoll automated external defibrillators, and Recreonics Fanon megaphones)
would be used by the Fire Department’s Ocean Safety Division to facilitate delivery of
safety services, preventive actions, and basic emergency life support by Water Safety
Officers (valued at $9,963.36).
Re: Comm. 323
Intr. by: Ms. Ford (B/R)
Approve: FC-99
Res. 127-11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT
WITH THE U. S. DEPARTMENT OF JUSTICE PURSUANT TO HRS 46-7, FOR A
JOINT HAWAI‘I AIRPORT TASKFORCE BETWEEN THE DRUG ENFORCEMENT
ADMINISTRATION AND THE HAWAI‘I POLICE DEPARTMENT
Funds would be used to disrupt illicit drug traffic in Hawai‘i, gather and report intelligence
data relating to trafficking in narcotics, and conduct covert operations.
Re: Comm. 324
Intr. by: Ms. Ford (B/R)
Approve: FC-100
Res. 128-11: AUTHORIZES THE ACQUISITION OF EASEMENTS IN PRIVATE PROPERTY BY
EMINENT DOMAIN, TAX MAP KEY: (3)4-5-002-061, SITUATED AT NAMOKU
AND HAINA, DISTRICT OF HĀMĀKUA, COUNTY AND STATE OF HAWAI‘I,
FOR ROAD AND UTILITY PURPOSES FOR THE HONOKA‘A WASTEWATER
TREATMENT PLANT
Authorizes the Corporation Counsel to initiate proceedings in eminent domain for the
taking, acquisition, and condemnation of the easements in private property; and to
negotiate terms of settlement in accordance with the approval of the court before which
such proceedings are prosecuted, not to exceed the appraised values of $5,984 for
Easement “E-1” (0.477 acre) and $2,342 for Easement “A” (0.256 acre).
Re: Comm. 325
Intr. by: Ms. Ford
Approve: FC-102
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
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Hawai‘i County Council-27 September 21, 2011
Res. 129-11: AUTHORIZES THE DIRECTOR OF FINANCE TO COMPROMISE REAL
PROPERTY TAXES OWED BY MANA CHRISTIAN OHANA ON A PARCEL
IDENTIFIED AS TAX MAP KEY: (3)6-7-002-065
Authorizes the Finance Director to compromise the sum of $5,620.61 (the amount of taxes
scheduled to be paid in February 2012), less the minimum tax of $50 (nonprofit minimum
tax).
Re: Comm. 326
Intr. by: Mr. Hoffmann
Approve: FC-103
Res. 138-11: APPROVES THE ESTABLISHMENT OF A SISTER-CITY RELATIONSHIP
BETWEEN GOKSEONG COUNTY, SOUTH KOREA AND THE COUNTY OF
HAWAI‘I, AND AUTHORIZING THE MAYOR OF THE COUNTY OF HAWAI‘I TO
ENTER INTO A FORMAL SIGNED AGREEMENT
Establishes a Sister-City Program between the County of Hawai‘i and Gokseong County,
South Korea; and requests that the respective mayors execute the documents to put this
relationship into effect.
Re: Comm. 343
Intr. by: Mr. Ikeda
Waived: GRC
Res. 139-11: REQUESTS THE INCLUSION IN THE 2012 HAWAI‘I STATE ASSOCIATION OF
COUNTIES LEGISLATIVE PACKAGE A PROPOSED STATE BILL RELATING TO
THE LABELING OF GENETICALLY ENGINEERED CROPS
Enactment of this State legislation requiring the labeling of genetically engineered whole
food products would meet the demand of Hawai‘i’s residents for a better informed choice
concerning the foods they consume without bias towards the advantages or disadvantages
of genetically engineered products.
Re: Comm. 344
Intr. by: Mr. Hoffmann
Waived: GRC
Res. 140-11: REQUESTS THE HAWAI‘I STATE ASSOCIATION OF COUNTIES TO INCLUDE IN
ITS 2012 LEGISLATIVE PACKAGE A RESOLUTION URGING THE LEGISLATURE
OF THE STATE OF HAWAI‘I TO AMEND CHAPTER 188, HAWAI‘I REVISED
STATUTES BY ADDING A NEW SECTION TO BE APPROPRIATELY
DESIGNATED PROHIBITING THE SALE OF AQUATIC LIFE FOR AQUARIUM
PURPOSES AND AMEND EXISTING SECTION 188F-4 REGARDING THE WEST
HAWAI‘I REGIONAL FISHERY MANAGEMENT AREA PLAN AND
SECTION 189-11 REGARDING RECEIPTS IN DUPLICATE
The Council of the County of Hawai‘i desires to protect the reefs of the State of Hawai‘i,
and promote increasing fish population that will continue to attract and sustain the tourist
industry.
Re: Comm. 345
Intr. by: Ms. Ford
Waived: GRC
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Hawai‘i County Council-27 September 21, 2011
BILLS FOR ORDINANCES (FIRST READING)
Bill 82: 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
any time), subsection (c), South Hilo, by adding: “East Puainako Street, south side, from
Pilipaa Street to Ohuohu Street.” (Amendment based on a request to enhance vehicular
and pedestrian safety in the area.)
Re: Comm. 308
Intr. by: Mr. Blas
Approve: PWPRC-31
Bill 83: DESIGNATES TAX MAP KEYS (3)2-4-060:001 AND (3)2-4-029:028 AS
“MACHADO ACRES PARK” PURSUANT TO CHAPTER 15, ARTICLE 8, SECTION
15-67, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) AND
AMENDING CHAPTER 15, ARTICLE 8, SECTION 15-68.1, HAWAI‘I COUNTY
CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING “MACHADO ACRES
PARK” TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE
Designates the name “Machado Acres Park” to the open area situated at Waiākea, South
Hilo, pursuant to Chapter 15, which provides that an “open area” shall be named for its
neighborhood, community, region, district or other identifying geographical location.
Re: Comm. 317
Intr. by: Mr. Yoshimoto
Approve: PWPRC-32
;and
Comm. 317.1: From Council Member J Yoshimoto, dated September 7, 2011, transmitting a map
showing the location of “Machado Acres Park”, as requested by Council Member Brenda
Ford at the Public Works and Parks and Recreation Committee meeting held on
September 7, 2011.
Bill 84: 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 24-288.1, Schedule 36.1 (active
loading and unloading zones), subsection (c), South Hilo, by adding: “( )Kīlauea
Avenue, southwest side, beginning from a point thirty feet southeast of Wilson Street and
extending forty feet in the southeasterly direction, from 7:00 a.m. to 6:00 p.m.”
(Amendment based on an identified need for a short-term loading zone in the area.)
Re: Comm. 319
Intr. by: Mr. Blas
Approve: PWPRC-33
Page 5
Hawai‘i County Council-27 September 21, 2011
Bill 85: 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 24-281, Schedule 29 (parking
prohibited during certain hours on certain streets; tow-away zone), subsection (c), South
Hilo, by adding the following: “(29) Derby [Street] Lane, except for northeast side, from
Wilson Street to southeastern terminus, [between the hours of] from 7:00 p.m. to 7:00
a.m.”; “(30) Wilson Street, except for northwest side, between Kīlauea Avenue and
Derby Lane, [between the hours of] from 7:00 p.m. to 7:00 a.m.”; “( ) Wilson Street,
northwest side, from a point thirty feet southwest of Kīlauea Avenue to a point thirty feet
northeast of Derby Lane, from 10:00 p.m. to 5:00 a.m.; and “ ( ) Derby Lane, northeast
side, from a point thirty feet southeast of Wilson Street and extending forty-five feet in
the southeasterly direction, from 10:00 p.m. to 5:00 a.m.” (Amendment was generated
based on a request to address parking needs in the area.)
Re: Comm. 320
Intr. by: Mr. Blas
Approve: PWPRC-34
Bill 86: 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 Impact Grant ($51,607); and appropriates
same to Federal Grants – Hawai‘i Impact Grant.
Re: Comm. 324
Intr. by: Ms. Ford (B/R)
Approve: FC-101
Bill 87: INITIATES A CHARTER AMENDMENT TO ARTICLE X, FINANCIAL
PROCEDURES, SECTION 10-15, OF THE HAWAI‘I COUNTY CHARTER (2010
EDITION), REGARDING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION FUND
Amendments relate to the following: Appropriates funds to the operating budget a
minimum of two percent of the certified real property tax revenues, including penalty and
interest; funding shall consist of a minimum of two percent of actual revenue received in
the fiscal year; and adds language relating to what the funds shall and shall not be used
for, matching funds, and restrictive covenants regarding land and easement acquired
through this fund.
Re: Comm. 327
Intr. by: Ms. Ford
Approve: FC-104
Note: First 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
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Hawai‘i County Council-27 September 21, 2011
Bill 304 (Draft 3): AMENDS THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
(2008-2010) BY ADDING A NEW CHAPTER RELATING TO IMPACT FEES
Creates an impact fee system enabling the County to impose a more proportionate share
of the costs of required system improvements, based on the County’s General Plan and
Community Development Plans, for the development that creates the need. Also assures
that the development that pays each fee will receive a corresponding benefit within a
reasonable period of time after the fee is paid.
Re: Comm. 40.11
Intr. by: Mr. Hoffmann
Approve: PC-28
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 adds 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
Second Rdg.: September 8, 2011
Note: Third 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
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)
First Reading: September 8, 2011
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Hawai‘i County Council-27 September 21, 2011
Bill 88 (Draft 2): 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-New Project Number 110.399.5390.58]. 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. 331.2
Intr. by: Ms. Ford
First Reading: September 8, 2011
; and
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
First Reading: September 8, 2011
Note: Requires 2/3 vote of the entire membership to
amend, pursuant to Section 10-6(e), Hawai‘i
County Charter
Bill 270 (Draft 3): REPEALS CHAPTER 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005
(2008-2010) EDITION, AS 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 Rdg.: July 7, 2011
Second Rdg.: July 22, 2011
Reconsidered: August 17, 2011
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Hawai‘i County Council-27 September 21, 2011
REPORTS
PC-27 (Comm. 316): Forwards a negative recommendation regarding the nomination of
Mr. Christopher A. Manfredi to the Windward Planning Commission (due to a vote of
4-ayes and 5-noes).
REFERRALS FOR EXECUTIVE SESSION
Comm. 359: DEMAND FROM TED HONG, ESQ., REGARDING DPW (DEPARTMENT OF
PUBLIC WORKS) AND LEGISLATIVE AUDITOR
From Assistant Corporation Counsel Katherine A. Garson, dated September 8, 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 Rules 2 and 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
TOUR OF THE NATURAL ENERGY LABS OF HAWAI‘I AUTHORITY (NELHA) ON SEPTEMBER 30,
2011: From Council Member Brittany Smart, dated September 14, 2011, announcing that there will be a NELHA
tour scheduled on Friday, September 30, 2011, from 10 a.m. to 2 p.m. The tour will begin in the Keena Hana
Building located at 73-4460 Queen Ka‘ahumanu Highway, Kailua-Kona (reference Communication 305.1).
(Note: This tour is not a duly scheduled meeting of the Hawai‘i County Council.)
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 19, 2011. 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; and
Kona Council Room, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A.
Page 9
Hawai‘i County Council-27 September 21, 2011
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.
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:
thththth
Wednesdays, September 28 and October 5 at 6 p.m.; Fridays, September 30 and October 7 at 12 p.m.; and
ndth
Sundays, October 2 and 9 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, OCTOBER 4, 2011
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
WEDNESDAY, OCTOBER 5, 2011
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
TUESDAY, OCTOBER 18, 2011
COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
WEDNESDAY, OCTOBER 19, 2011
COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
THURSDAY, OCTOBER 27 2011
COUNCIL PUBLIC 5 P.M. PĀPA‘ALOA GYM
HEARING RE BILL 17, 35-1994 Government Main Road,
DRAFT 2 (PLASTIC BAG Pāpa‘aloa
REDUCTION)
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