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Home My WebLink AboutAGE COUNCIL 01/04/2012 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Vice - Chairperson 34`1' 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 25 Aupuni Street Hilo, Hawai`i Wednesday, January 4, 2012 9:00 a.m. FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO egalIM Kahu Wendell Davis of Kamehameha Schools Hawai`i Campus (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-34 January 4, 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. 197-12: APPROVES THE ESTABLISHMENT OF A SISTER-CITY RELATIONSHIP BETWEEN LA RÉUNION AND THE COUNTY OF HAWAI‘I, AND AUTHORIZING THE MAYOR OF THE COUNTY OF HAWAI‘I TO ENTER INTO A FORMAL SIGNED AGREEMENT Pursuant to Chapter 2, Article 31, Section 2-165 of the Hawai‘i County Code 1983 (2005 Edition, as amended), that a Sister-City program be established between the County of Hawai‘i and La Réunion. The agreement will be signed by the appropriate officials of the County of Hawai‘i and La Réunion within six months of the adoption of this resolution. Re: Comm. 495 Intr. by: Ms. Smart Approve: GRC-10 Res. 199-12: AUTHORIZES THE ACCEPTANCE OF A DONATION OF OXYGEN DELIVERY SYSTEMS FOR USE BY THE HAWAI‘I FIRE DEPARTMENT’S EMERGENCY MEDICAL SERVICES (EMS) STATIONS Donated by the North Hawai‘i Community Hospital, the equipment (with a total value of $32,444.16) will be used by the Fire Department’s 15 EMS stations plus five spare units, to afford a non-invasive option for EMS practitioners to provide respiratory support through a mask rather than the invasive endotracheal intubation. Re: Comm. 500 Intr. by: Ms. Ford (B/R) Approve: FC-172 Res. 200-12: REQUESTS THE COUNTY CLERK TO INITIATE A TWO YEAR PILOT PROGRAM TO PROVIDE COMPUTERS AND PRINTERS FOR PUBLIC USE TO ACCESS ELECTRONIC INFORMATION States that the Hawai‘i County Clerk shall provide computers and printers for public use at the legislative offices located at the Hawai‘i County Building (Hilo), the Pāhoa Council Office, the Waimea Council Office, and West Hawai‘i Civic Center (Building A), and shall be restricted to appropriate governmental websites. The Legislative Branch shall provide sufficient funds for equipment and supplies for each location, and this service shall begin no later than July 1, 2012. Re: Comm. 503 Intr. by: Ms. Ford Approve: FC-175 Page 2 Hawai‘i County Council-34 January 4, 2012 BILLS FOR ORDINANCES (FIRST READING) Bill 148: 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: Parking Assessment Islandwide ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($500,000). Funds would be used to address parking problems at various locations on the island (including schools, parks and beach access points) and to conduct studies for solutions to these problems. Re: Comm. 474 Intr. by: Ms. Ford (B/R) Approve: FC-165 Postponed: December 21, 2011 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter (Note: There is a pending motion by Ms. Ford and duly seconded by Ms. Smart, to approve Bill 148.) Bill 152 (Draft 2): INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-6, AND ARTICLE VI, CHAPTER 5, SECTION 6-5.5, OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), RELATING TO SPECIAL COUNSEL AND COUNCIL STAFF ATTORNEYS Initiates an amendment to the Hawai‘i County Charter to grant the County Council the right to employ special counsel and Council staff attorneys without express limitation. Re: Comm. 482.2 Intr. by: Ms. Ford Approve: GRC-9 Postponed: December 21, 2011 Note: First of three required readings, a 2/3 vote of the entire membership is required to pass each reading, pursuant to Section 15-1(a), Hawai‘i County Charter (Note: There is a pending motion by Ms. Ford and duly seconded by Ms. Smart, to approve Bill 152, as amended.) ; and Comm. 482.5: From Council Member Brenda J. Ford, dated December 29, 2011, transmitting a proposed amendment to Bill 152, Draft 2, regarding Section 3-6, subsection (d). Page 3 Hawai‘i County Council-34 January 4, 2012 Bill 155: 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 OPEN (O) TO INDUSTRIAL-COMMERCIAL MIXED – 20,000 SQUARE FEET (MCX-20), AT WAIĀKEA, SOUTH HILO, HAWAI‛I, COVERED BY TAX MAP KEY: 2-3-035:070 (Applicants: Diane Uyeda and Garret Sasaki; Area: 19,369 square feet) The applicants request a Change of Zone from Open (O) to Industrial-Commercial Mixed (MCX-20) to construct a one-story, 8,000 square foot warehouse/office building with the required number of parking stalls and a loading zone. Re: Comm. 491 Intr. by: Mr. Hoffmann Approve: PC-35 Bill 157: 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: Bridge Inspection & Appraisal – Federal ($80,000) and Bridge Inspection & Appraisal – County ($20,000), for a total of $100,000; funds shall be provided from Federal Grants Receivable ($80,000) and General Obligation Bonds, Capital Projects Fund – Fund Balance and/or other Sources ($20,000), for a total of $100,000. Funds would be used by the Public Works Department, to inspect and maintain 128 bridges around the island, and to draft a written report discussing the condition of each bridge including their deficiencies and status of deterioration and required repairs or replacement. Re: Comm. 501 Intr. by: Ms. Ford (B/R) Approve: FC-173 Bill 158: 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 State Grants – Emergency Medical Services (EMS) ($15,715.85); and appropriates same to Basic Emergency Medical Technician (EMT) Training Equipment. Funds would be used for the purchase of four Telex C-Soft Consoles. Re: Comm. 502 Intr. by: Ms. Ford (B/R) Approve: FC-174 Page 4 Hawai‘i County Council-34 January 4, 2012 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 128 (Draft 3): INITIATES A CHARTER AMENDMENT TO ARTICLE X, FINANCIAL PROCEDURES, OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), BY ADDING A NEW SECTION FOR A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND Adds a new section, “Public Access, Open Space, and Natural Resources Preservation Maintenance Fund” for the purpose of accruing and using the moneys for maintenance of lands and easements acquired by the Public Access, Open Space, and Natural Resources Preservation Fund. The maintenance fund will ensure that the money is dedicated to preserve the land, promote public safety, and maintain a healthy stewardship. The policies and procedures are set forth in this measure. Re: Comm. 436.6 Intr. by: Ms. Ford First Reading: December 7, 2011 Second Rdg.: December 21, 2011 Note: Third of three required readings, a 2/3 vote of the entire membership is required to pass each reading, pursuant to Section 15-1(a), Hawai‘i County Charter Bill 136: AMENDS SECTION 25-8-30 (NĀ‘ĀLEHU 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 – 15,000 SQUARE FEET (RS-15) TO VILLAGE COMMERCIAL – 10,000 SQUARE FEET (CV-10) AT KAWALA, KA‘Ū, HAWAI‘I, COVERED BY TAX MAP KEY: 9-5-025:033 (Applicant: Dr. Kevin Stuef) (Area: 20,637 square feet) The applicant requests a Change of Zone from RS-15 to CV-10 to allow the establishment of a dental office in an existing dwelling. Re: Comm. 449 Intr. by: Mr. Hoffmann First Reading: December 21, 2011 Bill 142 (Draft 2): AMENDS ARTICLE X, FINANCIAL PROCEDURES, SECTION 10-12, SPECIAL FUNDS, OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), RELATING TO ESTABLISHING OR ABOLISHING SPECIAL FUNDS States that special funds may be created or abolished by ordinance as may be necessary for the proper and efficient segregation of fiscal operations of the County. Re: Comm. 466.2 Intr. by: Ms. Ford (B/R) First Reading: December 21, 2011 Note: Second of three required readings, a 2/3 vote of the entire membership is required to pass each reading, pursuant to Section 15-1(a), Hawai‘i County Charter Page 5 Hawai‘i County Council-34 January 4, 2012 Bill 144: 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 anytime), subsection (c), South Hilo, to read as follows: “(9) Banyan Drive, east (makai) side, [beginning at] from a point six hundred thirty-five [twenty-seven] feet north of Kamehameha Avenue and extending [three hundred thirty-four] two hundred fifty feet [in the northerly direction] north of Banyan Way. [(10) Banyan Drive, Hāmākua side, from its intersection with Kamehameha Avenue northerly for a distance of three hundred forty feet.]. (11) Banyan Drive, [Puna] east (makai) side, from [its intersection with] Kamehameha Avenue [northerly for a distance of four hundred fifteen] and extending four hundred eighty-nine feet in the northerly direction. (12) Banyan Drive, south[east] (golf course) side, [beginning at] from a point five hundred forty[-one] feet east of Lihiwai Street and extending [three] four hundred [ninety-nine] two feet in the northeasterly direction. (13) Banyan Drive, west (golf course) side, from a point three hundred seventy-four feet north of Kamehameha Avenue to Kamehameha Avenue [beginning at Kalaniana‘ole Street and extending three hundred sixty feet in the northerly direction]. (14) Banyan Drive, west (makai) side, [beginning at] from a point [six] five hundred [eighty-]eight feet [south] northeast of [Lili‘uokalani Park Perimeter Road] Lihiwai Street and extending three hundred ninety-two feet in the southwesterly direction.” The amendments are improvements requested by the Parks and Recreation’s Reed’s Bay Beach Park Redevelopment and Improvements Project. Re: Comm. 468 Intr. by: Mr. Blas First Reading: December 21, 2011 Bill 145: 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), to be appropriately numbered and to read as follows: “( ) Banyan Drive, east (makai) side, from a point four hundred twenty-six feet north of Banyan Way and extending seventy one feet in the northerly direction. ( ) Banyan Drive, east (makai) side, from a point six hundred seventy-three feet north of Banyan Way and extending thirty seven feet in the northerly direction.” The amendments are improvements requested by the Parks and Recreation’s Reed’s Bay Beach Park Redevelopment and Improvements project. Re: Comm. 469 Intr. by: Mr. Blas First Reading: December 21, 2011 Page 6 Hawai‘i County Council-34 January 4, 2012 Bill 146 (Draft 2): AMENDS CHAPTER 21, ARTICLE 5, SECTION 21-37 AND SECTION 21-42 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE SEWER LOAN CONNECTION PROGRAM States that the sewer loan connection program is not restricted to residential dwellings, and permits lot owners approved for the County Sewer Connection Loan Program to select their own contractors. Also deletes the first two paragraphs of the language contained in Section 21-37, findings and purpose, amends Section 21-5, and deletes the language contained in Section 21-42 and renames this section “Reserved.” Re: Comm. 471.2 Intr. by: Mr. Yagong First Reading: December 21, 2011 Bill 147: 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 – Reserved ($24,251.48); and appropriates same to Transfer to Capital Projects Fund – Highway. Appropriates excess revenues to the Capital Projects Fund in order for the Public Works Department to expend it. Re: Comm. 472 Intr. by: Ms. Ford (B/R) First Reading: December 21, 2011 Bill 149: 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: Department of Parks and Recreation (DPR) Addition to and Development of New Park Site at Ali‘i Drive ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($500,000). Funds would be used by the Parks and Recreation Department to acquire TMK: (3)7-7-008:100 to complement the acquisition of TMK’s: (3)7-7-008:020 and 031 to be developed into a new park site, as well as on and off-site improvements such as a parking area for La‘aloa and Magic Sands Beach parks. Re: Comm. 475 Intr. by: Ms. Ford (B/R) First Reading: December 21, 2011 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 7 Hawai‘i County Council-34 January 4, 2012 Bill 150 (Draft 2): 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 Establishes the program appropriations listed on “Exhibit A” (which is attached to this bill); funds shall be provided from Fuel Tax Increase 96-98 ($212,894.44), Fuel Tax Increase 98-00 ($52,572.52), Fuel Tax Increase 02-04 ($451,227.67), Fuel Tax Increase 04-06 ($2,173,062.92), Fuel Tax Increase 06-08 ($2,308,891.93), and Fuel Tax Increase 08-10 ($2,296,324.35), for a total of $7,494,973.83. Re-appropriates lapsed fuel tax funds from past fiscal years. Funds would be appropriated back to the original districts/categories as indicated in “Exhibit A” and the sources of the lapsed funds are detailed in “Exhibit B” (which is attached to this bill). Re: Comm. 477.1 Intr. by: Ms. Ford (B/R) First Reading: December 21, 2011 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 151: 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 – Hawai‘i Teen Outreach Program (HITOP) ($200,000); and appropriates same to HITOP. Re: Comm. 478 Intr. by: Ms. Ford (B/R) First Reading: December 21, 2011 Bill 159: AMENDS CHAPTER 21, ARTICLE 5, VARIOUS SECTIONS OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), RELATING TO SEWER CONNECTION LOAN PROGRAM Amends certain sections within Article 5 relating to the following: Insures competitive loan rates, provides applicants with adequate time to complete applications, eliminates the option of the County hiring contractors to work on private hook-ups on private property, removes an unnecessary loan option, manages taxpayer funds responsibly by providing some loan guarantee parameters, meet the requirements of the state grant to assist certain property owners, makes it more consistent with other programs in the County Code, and makes other incidental improvements. Re: Comm. 505 Intr. by: Mr. Yagong Waived: FC First Reading: December 21, 2011 Page 8 Hawai‘i County Council-34 January 4, 2012 REPORTS Financial Reports: Monthly Budget Status Reports for the Months Ended August 31 and September 30, 2011, from the Department of Finance. FC-171 (Comm. 494): Recommends the confirmation of the appointment of Ms. Gloria K. Wong (Council District 4) to the Salary Commission. EMC-5 (Comm. 498): Recommends the confirmation of the appointment of Mr. Russell Ruderman (Council District 5) to the Environmental Management Commission. EDMTC-3 Recommends the confirmation of the appointment of Mr. Neal F. Herbert (Council (Comm. 496): District 1) to the Transportation Commission. EDMTC-4 Recommends the confirmation of the appointment of Mr. Bryan Caldwell (Council (Comm. 497): District 7) to the Transportation Commission. REFERRALS FOR EXECUTIVE SESSION 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 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 January 3, 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  Kona Council Office, 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 (Holomua Center, 64-1067 Māmalahoa Highway, Suite 5), 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 Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Page 9 Hawai‘i County Council-34 January 4, 2012 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, January 11 and 18 at 6 p.m.; Fridays, January 13 and 20 at 12 p.m.; and Sundays, January 15 nd and 22 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 THURSDAY, JANUARY 19, 2012 COMMITTEES TBA TBA FRIDAY, JANUARY 20, 2012 COUNCIL 9:00 A.M. TBA TUESDAY, JANUARY 31, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, FEBRUARY 1, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 10