The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 02/01/2012 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Fice- Chairperson 36`x' Session INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE FRED BLAS BRENDA FORD PETE HOFFMANN DONALDIKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai `i Hawai `i County Building ^_� C-) 25 Aupuni Street ``3 .' Hilo, Hawai `i 96720 - " -� ORDER OF BUSINESS Hawaii County Council 25 Aupuni Street Hilo, Hawaii Wednesday, February 1, 2012 9:00 a.m. Father Mike Scully of Immaculate Heart of Mary Church (Pdpa`ikou Parish) (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council -36 February 1, 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 L UNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES June 30, 2011: Postponed — January 20, 2012 COMMUNICATIONS Comm. 9.1: REQUESTS AN INCREASE OF $21,000 TO CONTRACT NO. 002904 RELATING TO THE SINGLE AUDIT OF THE COUNTY'S FEDERAL FINANCIAL ASSISTANCE PROGRAMS FOR FISCAL YEAR END JUNE 30 2011 From Legislative Auditor Colleen Schrandt, dated January 12, 2012, stating that in order to receive Federal funds, the County is required to undergo a single audit. The original contract fee proposal from Accuity LLP is based upon three programs for the fiscal year that ended June 30, 2011, with any additional programs to be billed at $10,500 per program. Per the contract terns, Accuity LLP is requesting an additional $21,000 relating to two additional programs. Waived: FC Comm. 547: NOMINATIONS TO THE NORTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE: MR. FRANK CIPRIANI, MR. CHRISTOPHER MacKILLOP, AND MR. JOHN WINTER From Mayor William P. Kenoi, dated December 29, 2011, requesting the Council's favorable consideration of the above nominations. Waived: PC Comm. 548: COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011; INTERNAL CONTROL AND BUSINESS ISSUES REPORT JUNE 30,2011; AND SINGLE A UDIT OF FEDERAL FINANCIAL ASSISTANCE PROGRAMS JUNE 30, 2011 From Legislative Auditor Colleen Schrandt, dated January 12, 2012, transmitting for the Council's review, deliberation, and acceptance, the above Post -Audit Reports for the Fiscal Year Ended June 30, 2011. Waived: FC Page 2 Hawaii County Council -36 ORDER OF RESOLUTIONS February 1, 2012 Res. 210 -12: AUTHORIZES THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII WITH RESPECT TO AN EVALUATION OF THE DRUG, ALCOHOL AND TOBACCO PREVENTION PROGRAM DAT is a program to prevent underage consumption of drug, alcohol, and tobacco by school -age children, and is administered by the County of Hawai`i's Department of Liquor Control. A Memorandum of Understanding between the County of Hawai` i and RCUH, who will conduct a study of the DAT program to measure its effectiveness, is needed to accomplish and fund this study. Re: Comm. 519 Intr. by: Mr. Pilago Approve: HSSPSC -6 Res. 211 -12 (Draft 2): AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR SUBSCRIPTION TO THE UNITED STATES & CANADA IDENTIFICATION CHECKING GUIDE FOR THE DEPARTMENT OF LIOUOR CONTROL Authorizes the Department of Liquor Control to enter into a three -year subscription for the United States & Canada I.D. Checking Guide in an effort to help licensees within the County of Hawaii identify false forms of identification by providing them with a copy of this publication as a reference and training guide to help verify current valid forms of identification. The I.D. Checking Guide shall not exceed $20 per guide book for 500 copies for each of the three years, for a total of 1,500 copies, at a cost not to exceed $30,000. Re: Comm. 520.3 Intr. by: Ms. Ford Approve: FC -185 Res. 212 -12: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $2,000 TO THE HAWAII FIRE DEPARTMENT TO BE USED TO HELP PAY FOR MATERIALS AND SUPPLIES USED FOR FIRE PREVENTION WEEK Donated by Wal -Mart, the funds will be used by the Fire Department to purchase materials and supplies for Fire Prevention Week. Re: Comm. 522 Intr. by: Ms. Ford (B /R) Approve: FC -187 Page 3 Hawaii County Council -36 February 1, 2012 Res. 220 -12: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR THE FOOD BASKET, INC. Transfers /appropriates out and from Clerk- Council Services Other Current Expenses ($75,000); and credits same to Food Basket, Inc. The Council budgeted for Fiscal Year 2011 -2012 an amount of $120,220 for the purpose of videotaping Council meetings prior to receiving a grant from Na Leo `O Hawaii. The Council received the grant from Na Leo `O Hawaii in the amount of $75,000 for the period of July 1, 2011 through June 30, 2012. Re: Comm. 549 Intr. by: Mr. Onishi Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 90: AMENDS CHAPTER 25, ARTICLE 1 AND ARTICLE 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR CREMATORIUMS, FUNERAL HOMES, FUNERAL SERVICES, AND MORTUARIES The purpose of this amendment is to treat both mortuaries and crematoriums equally in permitting, and adds "funeral homes" and "funeral services" as similar services with the same regulations for use. Re: Comm. 332 Intr. by: Ms. Ford Approve: PC -39 Bill 137: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT HONOMU, SOUTH HILO, HAWAII COVERED BY TAX MAP KEY: 2 -8- 013:063 & 064 The applicant intends to subdivide the property into eight lots retaining the two larger lots to build a home for his family, and will sell most or all of the remaining lots to help pay for infrastructure and related costs of the proposed subdivision. Re: Comm. 450 Intr. by: Mr. Hoffmann Approve: PC -36 Page 4 Hawaii County Council -36 February 1, 2012 Bill 164: AMENDS ORDINANCE NO. l 1 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2012 FOR APPROPRIATION OF AN ENERGY REBATE Increases revenues in Sundry Revenues — Current Year ($41,863); and appropriates same to Energy — Research and Development. Funds would be used by the Research and Development Department to lease and /or purchase one or more electric vehicles. Re: Comm. 521 Intr. by: Ms. Ford (B /R) Approve: FC -186 Bill 165: AMENDS ORDINANCE NO. 11 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI`l FOR THE FISCAL YEAR ENDING JUNE 30 2012 Appropriates revenues in Videotaping Contribution —Na Leo `O Hawaii ($75,000); and appropriates same to Videotaping — Na Leo `O Hawaii. Accepts a monetary contribution from Na Leo `O Hawaii, Inc., for production costs associated with the videotaping of Council meetings for the period of July 1, 2011 to June 30, 2012. Re: Comm. 523 Intr. by: Ms. Ford (B /R) Approve: FC -188 Bill 166: AMENDS ORDINANCE NO. 95 98 WHICH AMENDED SECTION 25 -8 -22 (formerly referred to as Section 25 -103) (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 20 ACRES (A -20a) TO AGRICULTURAL — 1 ACRE (A -1 a) AT KEA`AU PUNA HAWAII COVERED BY TAX MAP KEY: 1- 6- 003:010 The applicant requests amendments to Conditions B and I of Ordinance No. 95 -98, which reclassified approximately 44.341 acres from the Agricultural (A -20a) to the Agricultural (A -1 a) to allow the development of 35 -lot one -acre subdivision. Re: Comm. 524 Intr. by: Mr. Hoffmann Approve: PC -37 Page 5 Hawaii County Council -36 February 1, 2012 Bill 167: AMENDS SECTION 25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE - FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS -10) TO RESIDENTIAL - COMMERCIAL MIXED — 20,000 SQUARE FEET (RCX -20), AT WAIAKEA, SOUTH HILO HAWAI`1 COVERED BY TAX MAP KEY: 2 -2- 038:028 The applicant requests a Change of Zone from a Single - Family Residential — 10,000 square feet (RS -10) to a Residential- Commercial Mixed Use — 20,000 square feet (RCX -20) in order to establish a single -story 4,200- square foot dental office building. Re: Comm. 525 Intr. by: Mr. Hoffmann Approve: PC -38 Bill 169: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PEDESTRIANS Amends Chapter 24, Article 10, Division 4, Section 24- 276(e), by adding a new item to be renumbered as required: "O Paniolo Avenue, three hundred forty feet southwest of Hooko Street." Re: Comm. 527 Intr. by: Mr. Bias Approve: PWPRC -68 Bill 170: AMENDS ORDINANCE NO. I 1 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30 2012 Appropriates revenues in a new account, Transfer from Disaster & Emergency Fund ($200,000); and appropriates same to The Food Basket, Inc. The Food Basket, Inc., serves as Hawaii Island's Food Bank and is an island -wide nonprofit food network that collects and distributes food to low income families, the ill and disabled, senior citizens, children's programs, and other charitable nonprofit organizations. The current demand of food has caused an emergency shortfall in food supplies at the Food Basket's two warehouses. Re: Comm. 529 Intr. by: Mr. Hoffmann Waived: FC Page 6 Hawaii County Council -36 February 1, 2012 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 142 (Draft 2): AMENDS ARTICLE X, FINANCIAL PROCEDURES, SECTION 10 -12, SPECIAL FUNDS, OF THE HAWAII 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 Second Rdg.: January 20, 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 Bill 143: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5 OF THE HAWAII 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) Auptini Street, both sides, F a distanee of tw e h .,r Fed feet f „ its teFseetiaH ' ith KTlau°^ A enue ] (5) Aupuni Street, northwest side, from a point one thousand one hundred seventy-eight feet southeast of Pauahi Street to Kilauea Avenue. (6) Aupuni Street northeast side from a point one thousand one hundred twenty feet northwest of Kilauea 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 Kilauea Avenue to Pauahi Street. [(6)]m Aupuni Street, [makai] southeast side, [f r a distafie° Of °•i° hHHEIFed feet] from a point six hundred sixty -two feet [ eh Side Of the int ffSe .t",., O f A „ i ct"° °t ' " th the County BUilding ] northeast of Kilauea Avenue and extending two hundred forty -five feet in the northwesterly direction. [ HdRidkH (Kaike'e Mail) side, 40M the EiFiveway laeated f;aur hundred fifty feet HE)f4h oft iflteFSeetiE)H With K�lauea,NveHtie atid exteHding five hundred feet aFatiHd the etiFve to the ] [( -8)]( Aupuni Street, southwest side, from [" paint two hHHEIFed f 14„ e 4] 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 noint seven hundred seven feet southeast of Pauahi Street and extendinv- four hundred thirty -five feet in the southeasterly direction." The amendments are necessary to update the Hawaii County Code to match existing conditions. Re: Comm. 467 Intr. by: Mr. Blas First Reading: January 20, 2012 Page 7 Hawaii County Council -36 February 1, 2012 Bill 152 (Draft 3): INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3 -6, AND ARTICLE VI, CHAPTER 5, SECTION 6 -5.5, OF THE HAWAII COUNTY CHARTER (2010 EDITION), RELATING TO SPECIAL COUNSEL AND COUNCIL STAFF ATTORNEYS Initiates an amendment to the Hawaii County Charter to grant the County Council the right to employ special counsel and Council staff attorneys without express limitation. Re: Comm. 482.7 Intr. by: Ms. Ford Postponed: December 21, 2011 and January 4, 2012 First Reading: January 20, 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 Bill 160: AMENDS ORDINANCE NO. I 1 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII 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) First Reading: January 20, 2012 Bill 161: AMENDS ORDINANCE NO. 11 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII 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) First Reading: January 20, 2012 Bill 162: AMENDS ORDINANCE NO. 11 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII 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) First Reading: January 20, 2012 Page 8 Hawaii County Council -36 February 1, 2012 Bill 163: AMENDS ORDINANCE NO. 11 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Federal Grants — Coordinated Services ($30,000); and appropriates same to Coordinated Services - Equipment. Re: Comm. 516 Intr. by: Ms. Ford (B /R) First Reading: January 20, 2012 Bill 270 (Draft 7): REPEALS CHAPTER 5 OF THE HAWAII 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 Hawaii County Code (Building) and replaces it with a new Chapter 5.) Re: Comm. 128.133 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 Held Over: January 20, 2012 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended November 30, 2011, from the Department of Finance. REFERRALS FOR EXECUTIVE SESSION Comm. 556 CLAIM FILED ON BEHALF OF GLEN SHIKUMA AND PATRICIA NAKAMOTO; REQUEST TO HIRE SPECIAL COUNSEL From Corporation Counsel Lincoln S. T. Ashida, dated January 25, 2012. 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. Page 9 Hawaii County Council -36 February 1, 2012 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 30, 2012. Relay users please call 711(961 -8255) to contact our office. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS ") §92 -3.5, the Hawaii County Council will be conducting this meeting via videoconference. Council Members will be present at the following locations: • County Council Room, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401 • Kona Council Office, West Hawaii Civic Center, 74 -5044 Ane Keohokalole Highway, Building A Public Attendance via Videoconference is available at the locations above and at the Waimea Council Office (Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5), and at the Pahoa Council Office (Pahoa Marketplace, 15 -2660 Pahoa 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. Submitting Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (l) by mail to the County Clerk's Office in Hilo at 25 Aupum Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to connci/ to ,stirnvoni,,(�i',co.hcnti,crii.hi.us. Please submit separate testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: Wednesdays, February 8"' (to follow the Council meeting of January 20, 2012) and 15`x' at 6 p.m.: Fridays, February 10`x' and 17"' at 12 p.m.; and Sundays, February 12`' and 19`' 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 Hawaii. Please check the current legislative broadcast schedule on the Na Leo `O Hawaii website at http: / /Www.naleo.ty /schedule.) Page 10 Hawaii County Council -36 February 1, 2012 UPCOMING MEETINGS TUESDAY FEBRUARY 14, 2012 COMMITTEES TBA TBA WEDNESDAY FEBRUARY 15, 2012 COUNCIL 9:00 A.M. TBA THURSDAY MARCH 8, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street FRIDAY MARCH 9, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 1 1