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Home My WebLink AboutAGE COUNCIL 01/20/2012 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Vice- Chairperson 35`x' Session INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE COUNTY COUNCIL County of Hawai 'i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Friday, January 20, 2012 9:00 a.m. FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO C) Captain Celestine Ruwethin of Hilo Salvation Army Corps Community Center (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-35 January 20, 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 June 30, 2011 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 202-11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR CONTRACT FOR SERVICES OF HAULING OF RECYCLABLE MATERIALS AT ISLAND-WIDE SOLID WASTE RECYCLE AND TRANSFER STATIONS Authorizes the Mayor to enter into a three-year contract with two twelve-month option periods to extend services for hauling of recyclable materials from island-wide solid waste recycle and transfer stations. States that the contract shall be bid with a minimum of two geographic zones for the 21 transfer stations to maximize competition and assures all communities be provided access to the 2-Bin recycling services. Re: Comm. 506 Intr. by: Ms. Ford (B/R) Waived: FC Postponed: December 21, 2011 (Note: There is a pending motion by Ms. Ford and duly seconded by Ms. Smart, to adopt Resolution 202-11.) Res. 204-12: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE DEPARTMENT OF THE ATTORNEY GENERAL CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION PURSUANT TO HRS 46-7, FOR A GRANT TITLED “PU MALU” FOR THE HAWAI‘I COUNTY POLICE DEPARTMENT Funds would be used by the Police Department’s Pu Malu program to provide training, purchase supplies, room rental for community awareness sessions, and to purchase equipment to improve safety by enhancing the quality of the department’s investigation of crimes involving firearms and reducing firearms in the community. Re: Comm. 511 Intr. by: Ms. Ford (B/R) Approve: FC-176 Page 2 Hawai‘i County Council-35 January 20, 2012 Res. 205-12: AUTHORIZES THE ACCEPTANCE OF A CYCLONE KB4 DEBRIS BLOWER VALUED AT $8,775 TO THE DEPARTMENT OF PARKS AND RECREATION FOR USE AT THE PANA‘EWA ZOO AND EQUESTRIAN CENTER Donated by B. Hayman Co., the equipment will be used at the Pana‘ewa Zoo and Equestrian Center. Re: Comm. 512 Intr. by: Ms. Ford (B/R) Approve: FC-178 Res. 206-12: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $1,000 TO THE HAWAI‘I POLICE DEPARTMENT TO BE USED TO PURCHASE EQUIPMENT AND SUPPLIES TO PREPARE THE DEPARTMENT FOR DISASTER SITUATIONS Donated by Target, the funds will be used to purchase two laptop computers to track personnel who are assisting in disaster situations and for PowerPoint training. Re: Comm. 513 Intr. by: Ms. Ford (B/R) Approve: FC-179 Res. 207-12: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF PROFESSIONAL SERVICES TO THE DEPARTMENT OF PARKS AND RECREATION FOR INSTALLATION OF A PLAYGROUND AT THE PANA‘EWA ZOO Donated by the following companies (for professional services to construct a playground at the Panaewa Zoo with a total in-kind value of $55,487.87): Takamine Construction, Inc. ($51,543.90), Infinity Concrete Pumping, Inc. ($1,043.48), William C. Loeffler Construction, Inc. ($989), Island Wide Concrete Pumping, LLC ($849), Rannikks/MJ’S Towing ($562.50), and Bob’s Fencing ($499.99). Re: Comm. 514 Intr. by: Ms. Ford (B/R) Approve: FC-181 Res. 208-12: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $1,000 TO THE HAWAI‘I POLICE DEPARTMENT TO BE USED TO PURCHASE EDUCATIONAL MATERIALS ON CRIME PREVENTION AND THE FIGHT AGAINST DRUGS Donated by the Hawai‘i Police Athletic Foundation, the funds will be used to purchase materials such as pamphlets and brochures to educate the public on crime prevention and the fight against drugs. Re: Comm. 515 Intr. by: Ms. Ford (B/R) Approve: FC-182 Page 3 Hawai‘i County Council-35 January 20, 2012 BILLS FOR ORDINANCES (FIRST READING) Bill 143: 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 and renumbered as required: “ [(5) Aupuni Street, both sides, for a distance of two hundred feet from its intersection with Kīlauea Avenue.] (5) Aupuni Street, northwest side, from a point one thousand one hundred seventy-eight feet southeast of Pauahi Street to Kīlauea Avenue. (6) Aupuni Street, northeast side, from a point one thousand one hundred twenty feet northwest of Kīlauea Avenue and extending two hundred sixty-seven feet in the northwesterly direction. (7) Aupuni Street, northeast side, from a point one thousand five hundred sixty-two feet northwest of Kīlauea Avenue to Pauahi Street. [(6)](8) Aupuni Street, [makai] southeast side, [for a distance of one hundred feet] from a point six hundred sixty-two feet [on each side of the intersection of Aupuni Street with the County Building road] northeast of Kīlauea Avenue and extending two hundred forty-five feet in the northwesterly direction. [(7) Aupuni Street, mauka-Hāmākua (Kaiko‘o Mall) side, from the driveway located four hundred fifty feet north of the intersection with Kīlauea Avenue and extending five hundred feet around the curve to the driveway across from the State Building.] [(8)](9) Aupuni Street, southwest side, from [a point two hundred forty feet southeast of] Pauahi Street and extending [sixty-six] two hundred thirty-five feet in the southeasterly direction. (10) Aupuni Street, southwest side, from a point three hundred one feet southeast of Pauahi Street and extending two hundred eighty-two feet in the southeasterly direction. (11) Aupuni Street, southwest side, from a point seven hundred seven feet southeast of Pauahi Street and extending four hundred thirty-five feet in the southeasterly direction.” The amendments are necessary to update the Hawai‘i County Code to match existing conditions. Re: Comm. 467 Intr. by: Mr. Blas Approve: PWPRC-66 Page 4 Hawai‘i County Council-35 January 20, 2012 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. 482.4 Intr. by: Ms. Ford Approve: GRC-9 Postponed: December 21, 2011 and January 4, 2012 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); and Comm. 482.6: From Corporation Counsel Lincoln S. T. Ashida, dated January 3, 2012, providing comment and recommendations regarding the language contained in Bill 152, Draft 2. Bill 160: 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 – Pu Malu Grant ($33,002); and appropriates same to Pu Malu Grant. Re: Comm. 511 Intr. by: Ms. Ford (B/R) Approve: FC-177 Bill 161: 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 ($1,000); and appropriates same to Kona Police - Other Current Expenses. Re: Comm. 513 Intr. by: Ms. Ford (B/R) Approve: FC-180 Page 5 Hawai‘i County Council-35 January 20, 2012 Bill 162: 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 ($1,000); and appropriates same to Police Administration Division - Other Current Expenses. Re: Comm. 515 Intr. by: Ms. Ford (B/R) Approve: FC-183 Bill 163: 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 – Coordinated Services ($30,000); and appropriates same to Coordinated Services - Equipment. Funds would be used to assist with the Sage Plus Program. The program assists the Hawai‘i State Health Insurance Program (SHIP) in providing members with Medicare for face-to-face comparison and enrollment in Medicare Health and Drug plans through community events, as well as to maximize the utilization of existing community services and resources. Re: Comm. 516 Intr. by: Ms. Ford (B/R) Approve: FC-184 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 Postponed: January 4, 2012 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 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Blas, to approve Bill 128, as amended.) Page 6 Hawai‘i County Council-35 January 20, 2012 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 Postponed: January 4, 2012 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 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Blas, to approve Bill 142, as amended.) 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) Postponed: December 21, 2011 First Reading: January 4, 2012 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter 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 First Reading: January 4, 2012 Page 7 Hawai‘i County Council-35 January 20, 2012 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) First Reading: January 4, 2012 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter 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) First Reading: January 4, 2012 Page 8 Hawai‘i County Council-35 January 20, 2012 Bill 270 (Draft 6): 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. 128.122 Intr. by: Ms. Smart 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 Postponed: September 21, 2011 Held Over: October 5, 2011 Postponed: October 19, 2011 Nov. 2, 2011: Recommits Bill 270, Draft 4, to the Public Works and Parks and Recreation Committee Approve: PWPRC-67 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Pilago, to approve Bill 270, as amended.) ; and Comm. 128.118: From Deputy Building Chief Jai Ho Cheng, transmitting the following maps: Effective Wind Speed Contour for the Island of Hawai‘i, Wind Topographic Factor (Kzt) for the Island of Hawai‘i, and Exposure Category Zones for the Island of Hawai‘i; and Comm. 128.123: From Council Member J Yoshimoto, dated January 9, 2012, transmitting proposed amendments which creates a new section to address penal enforcement (Section 5-61). REPORTS Financial Report: Monthly Budget Status Report for the Month Ended October 31, 2011, from the Department of Finance. PWPRC-63: Recommends the confirmation of the appointment of Mr. Caleb Churchill to the (Comm. 508) Veterans Advisory Committee. PWPRC-64: Recommends the confirmation of the appointment of Mr. Minoru Hanato to the (Comm. 509) Veterans Advisory Committee. PWPRC-65: Recommends the confirmation of the appointment of Mr. Delbert Nishimoto to the (Comm. 510) Veterans Advisory Committee. Page 9 Hawai‘i County Council-35 January 20, 2012 REFERRALS FOR EXECUTIVE SESSION Comm. 359.1: REQUEST FROM LEGISLATIVE AUDITOR REGARDING INVOICE FROM ATTORNEY From Deputy Corporation Counsel Joseph P. Kamelamela, dated December 28, 2011. Comm. 528: CLARK HOLDINGS, LLC V. COUNTY OF HAWAI‘I; CIVIL NO.: 11-01-197K From Deputy Corporation Counsel Laureen L. Martin, dated December 28, 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 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 places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by January 17, 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. 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. Page 10 Hawai‘i County Council-35 January 20, 2012 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: stththrd Wednesdays, February 1 and 8 at 6 p.m.; Fridays, January 27 and February 3 at 12 p.m.; and Sundays, thth January 29 and February 5 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, 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 TUESDAY, FEBRUARY 14, 2012 COMMITTEES TBA TBA WEDNESDAY, FEBRUARY 15, 2012 COUNCIL 9:00 A.M. TBA Page 11