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HomeMy WebLinkAboutAGE COUNCIL 02/15/2012 2010-2012 ACTIONS DOMINIC YAGONG FRED BLAS BRENDA FORD Chairperson and Presiding Officer PETE HOFFMANN K. ANGEL PILAGO DONALD IKEDA DENNIS “FRESH” ONISHI Vice-Chairperson BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 37 Session ORDER OF BUSINESS Hawai‘i County Council 25 Aupuni Street Hilo, Hawai‘i Wednesday, February 15, 2012 9:00 a.m. INVOCATION Reverend Yuika Hasabe of Honpa Hongwanji Hilo Betsuin Reverend Shingo Furusawa of Honpa Hongwanji Hilo Betsuin CALL TO ORDER 9:04 A.M. PLEDGE OF ALLEGIANCE (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-37 February 15, 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 Comm. 553: NOMINATION OF MR. DWAYNE T. MUKAI (COUNCIL DISTRICT 4) TO THE LIQUOR COMMISSION From Mayor Billy Kenoi, dated January 12, 2012, requesting the Council’s review and favorable recommendation of the above nomination. APPROVED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. ; and Comm. 553.1: From Human Services, Social Services and Public Safety Committee Chair K. Angel Pilago, dated February 7, 2012, requesting the above matter be waived to the full Council for immediate action. Comm. 568: NOMINATION OF MS. CAROL S. KITAOKA (COUNCIL DISTRICT 7) TO THE FIRE COMMISSION From Mayor Billy Kenoi, dated January 17, 2012, requesting the Council’s review and favorable recommendation of the above nomination. APPROVED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. ; and Comm. 568.1: From Human Services, Social Services and Public Safety Committee Chair K. Angel Pilago, dated February 7, 2012, requesting the above matter be waived to the full Council for immediate action. Page 2 Hawai‘i County Council-37 February 15, 2012 ORDER OF RESOLUTIONS Res. 213-12: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY PURSUANT TO HRS 46-7, FOR AN ASSISTANCE TO FIREFIGHTERS GRANT FOR THE HAWAI‘I FIRE DEPARTMENT Funds would be used by the Fire Department to purchase seven new Zoll Medical Corporation 12 lead Electrocardiography (EKG) machines. Re: Comm. 538 Intr. by: Ms. Ford (B/R) Approve: FC-191 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 214-12: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HRS 46-7, TO IMPLEMENT THE INTEGRATED CRIMINAL JUSTICE SYSTEM (CJS) INFORMATION SHARING PROJECT Funds would be used by the Prosecuting Attorney’s Office to improve the efficient exchange of information within the criminal justice system. Re: Comm. 539 Intr. by: Ms. Ford (B/R) Approve: FC-193 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 3 Hawai‘i County Council-37 February 15, 2012 Res. 215-12: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE DEPARTMENT OF HEALTH FOR A GRANT TO REIMBURSE LOT OWNERS OF HONOKA‘A, WHO ARE LOCATED WITHIN A WELLHEAD PROTECTION ZONE AND ARE REQUIRED TO CONNECT TO A SEWER SYSTEM, THEIR SEWER CONNECTION COSTS WHEN APPLYING FOR FINANCIAL ASSISTANCE UNDER THE COUNTY’S SEWER CONNECTION LOAN PROGRAM Funds would be used to supplement funding provided by the County’s sewer connection loan program which will be implemented for the first time by the affected Honoka‘a property owners. The grant is funded by the State Department of Health to safeguard the water from the Haina well from upslope contaminants and is limited to those lots within the wellhead protection area. Re: Comm. 540 Intr. by: Ms. Ford (B/R) Approve: FC-195 ADOPTED: AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Hoffmann – 1. EXCUSED: None. Res. 216-12: AUTHORIZES THE ACCEPTANCE OF A GRANT AWARD OF $25,000 FROM THE MICHAEL & SUSAN DELL FOUNDATION TO FUND THE PURCHASE OF INTRAOSSEOUS INFUSION SYSTEMS FOR THE HAWAI‘I FIRE DEPARTMENT Funds would be used to purchase intraosseous infusion systems for use by the Fire Department’s Emergency Medical Services (EMS) ambulance personnel. Re: Comm. 542 Intr. by: Ms. Ford (B/R) Approve: FC-198 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 4 Hawai‘i County Council-37 February 15, 2012 Res. 217-12: URGES THE LEGISLATURE OF THE STATE OF HAWAI‘I TO APPROVE SENATE BILL NO. 713, RELATING TO THE LABELING OF GENETICALLY ENGINEERED WHOLE FOOD CROPS Urges the State Legislature to approve Senate Bill 713 relating to the labeling of genetically engineered whole food products for the purpose of providing consumers with an informed choice concerning the foods they consume. Re: Comm. 544 Intr. by: Mr. Hoffmann Approve: EMC-6 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. (For informational purposes, Mr. Onishi voted “Kānalua” twice.) Res. 218-12: DIRECTS THE CLERK OF THE COUNTY OF HAWAI‘I TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 11-85 ON THE 2012 GENERAL ELECTION BALLOT Ordinance No. 11-85 proposes an amendment to the Hawai‘i County Charter relating to records and meetings open to the public. This resolution directs the Clerk to take all necessary steps provided for in all applicable provisions of the Hawai‘i County Charter and the Hawai‘i Revised Statutes, within the prescribed time limits, for placing the charter amendment proposed by Ordinance No. 11-85 on the 2012 General Election ballot for approval by the voters of the County. Re: Comm. 545 Intr. by: Mr. Pilago Approve: GRC-11 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 5 Hawai‘i County Council-37 February 15, 2012 Res. 219-12: DIRECTS THE CLERK OF THE COUNTY OF HAWAI‘I TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 11-94 ON THE 2012 GENERAL ELECTION BALLOT Ordinance No. 11-94 proposes an amendment to the Hawai‘i County Charter relating to the public access, open space, and natural resources preservation fund. This resolution directs the Clerk to take all necessary steps provided for in all applicable provisions of the Hawai‘i County Charter and the Hawai‘i Revised Statutes, within the prescribed time limits, for placing the charter amendment proposed by Ordinance No. 11-94 on the 2012 General Election ballot for approval by the voters of the County. Re: Comm. 546 Intr. by: Mr. Pilago Approve: GRC-12 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: Council Member Onishi – 1. ABSENT: None. EXCUSED: None. Res. 220-12 (Draft 2): 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 Hawai‘i. The Council received the grant from Na Leo ‘O Hawai‘i in the amount of $75,000 for the period of July 1, 2011 through June 30, 2012. Re: Comm. 549.2 Intr. by: Mr. Onishi Waived: FC Postponed: February 1, 2012 AMENDED TO DRAFT 3 AND HELD OVER PURSUANT TO COUNCIL RULE 24(e): Page 6 Hawai‘i County Council-37 February 15, 2012 Res. 223-12: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HUMAN SERVICES OFFICE OF YOUTH SERVICES, PURSUANT TO HRS 46-7, TO IMPLEMENT THE BIG ISLAND JUVENILE INTAKE AND ASSESSMENT CENTER (BIJIAC) PROJECT Funds would be used to support the Prosecuting Attorney’s Office’s implementation of the BIJIAC Project. The objective of the BIJIAC concept is to provide juvenile offenders with a single point of entry assessment, crisis intervention, service integration, short-term holding, and referral. Re: Comm. 567 Intr. by: Ms. Ford (B/R) Waived: FC ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) Bill 171: AMENDS CHAPTER 22 AND CHAPTER 35 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO PUBLICATION DISPENSER RACKS LOCATED WITHIN ESTABLISHED BUSINESS IMPROVEMENT DISTRICTS Provides that a Business Improvement District through its District Association be allowed to install, maintain, and manage publication dispensing devices located upon County streets and sidewalks within an established Business Improvement District. Authorizes a District Association of a Business Improvement District to levy and collect Publication Dispenser Rack permit fees and fines associated with the issuance of permits and promulgation of rules for the use of publication dispenser racks within an established Business Improvement District. Re: Comm. 536 Intr. by: Mr. Pilago Approve: FC-189 POSTPONED TO THE MARCH 9, 2012 COUNCIL MEETING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 7 Hawai‘i County Council-37 February 15, 2012 Bill 172: AMENDS CHAPTER 18, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PROMOTIONAL FARES Amends Section 18-90(e)(2) by extending the period for the transit administrator to establish promotional fares from 90 calendar days to 180 calendar days. Re: Comm. 537 Intr. by: Mr. Hoffmann Approve: FC-190 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. (For informational purposes, Chair Yagong voted “Kānalua” and “aye”.) Bill 173: 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 – Assistance to Firefighters Grant 2011 ($148,758); and appropriates same to Assistance to Firefighters Grant 2011. Re: Comm. 538 Intr. by: Ms. Ford (B/R) Approve: FC-192 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 8 Hawai‘i County Council-37 February 15, 2012 Bill 174: 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 – Criminal Justice System (CJS) Information Sharing – American Reinvestment and Recovery Act (ARRA) ($156,855); and appropriates same to CJS Information Sharing-ARRA. Re: Comm. 539 Intr. by: Ms. Ford (B/R) Approve: FC-194 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 175: 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 State Grant – Wellhead Protection Financial Assistance Program ($250,000); and appropriates same to Honoka‘a Connection Grant Program. Re: Comm. 540 Intr. by: Ms. Ford (B/R) Approve: FC-196 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 9 Hawai‘i County Council-37 February 15, 2012 Bill 176: 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: Reed’s Island Bridge Structural Rehabilitation – Federal ($5,046,000) and Reed’s Island Bridge Structural Rehabilitation – County ($1,262,000), for a total of $6,308,000; funds shall be provided from Federal Grants Receivable ($5,046,000) and General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($1,262,000), for a total of $6,308,000. Funds would be used for the Reed’s Island Rehabilitation project to strengthen the bridge to meet current truck and lateral seismic design loads, as prescribed by the Federal Highway Administration. Re: Comm. 541 Intr. by: Ms. Ford (B/R) Approve: FC-197 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 177: 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 ($25,000); and appropriates same to Dell Foundation Emergency Medical Services (EMS) Equipment – Private. Re: Comm. 542 Intr. by: Ms. Ford (B/R) Approve: FC-199 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 10 Hawai‘i County Council-37 February 15, 2012 Bill 182: 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 – Big Island Juvenile Intake and Assessment Center (BIJIAC) ($200,000); and appropriates same to BIJIAC. Re: Comm. 567 Intr. by: Ms. Ford Waived: FC ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 183: AMENDS CHAPTER 2, ARTICLE 15, SECTION 80.1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS Amends the provisions in Section 2-80.1 regarding the distribution of mass mailings for campaign purposes concerning an incumbent candidate (council member, mayor and prosecuting attorney). This measure excludes public funds received by candidates from the Hawai‘i election campaign fund. Re: Comm. 572 Intr. by: Mr. Yagong Waived: FC ST PASSED 1 READING: AYES: Council Members Blas, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yagong, Yoshimoto, and Acting Chair Ford – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 11 Hawai‘i County Council-37 February 15, 2012 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 90: AMENDS CHAPTER 25, ARTICLE 1 AND ARTICLE 5 OF THE HAWAI‘I 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 First Reading: February 1, 2012 nd PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 137: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI‘I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT HONOMŪ, SOUTH HILO, HAWAI‘I, 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 First Reading: February 1, 2012 nd PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 12 Hawai‘i County Council-37 February 15, 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 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. 482.7 Intr. by: Ms. Ford Postponed: December 21, 2011 and January 4, 2012 First Reading: January 20, 2012 Second Rdg.: February 1, 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 AMENDED TO DRAFT 4 AND HELD OVER PURSUANT TO COUNCIL RULE 24(e): Bill 164: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I 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) First Reading: February 1, 2012 nd PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 13 Hawai‘i County Council-37 February 15, 2012 Bill 165: 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 Videotaping Contribution – Na Leo ‘O Hawai‘i ($75,000); and appropriates same to Videotaping – Na Leo ‘O Hawai‘i. Accepts a monetary contribution from Na Leo ‘O Hawai‘i, 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) First Reading: February 1, 2012 nd PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Bill 166 (Draft 2): 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 HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – 20 ACRES (A-20a) TO AGRICULTURAL – 1 ACRE (A-1a) AT KEA‘AU, PUNA, HAWAI‘I, 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-1a) to allow the development of 35-lot one-acre subdivision. Re: Comm. 524.2 Intr. by: Ms. Ford First Reading: February 1, 2012 nd PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 7. NOES: Council Member Hoffmann – 1. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 14 Hawai‘i County Council-37 February 15, 2012 Bill 167: 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 SINGLE- FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO RESIDENTIAL- COMMERCIAL MIXED – 20,000 SQUARE FEET (RCX-20), AT WAIĀKEA, SOUTH HILO, HAWAI‛I, 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 First Reading: February 1, 2012 nd PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 7. NOES: Council Member Hoffmann – 1. ABSENT: Council Member Onishi – 1. EXCUSED: None. Bill 169: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4 OF THE HAWAI‘I 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: “( ) Paniolo Avenue, three hundred forty feet southwest of Hooko Street.” Re: Comm. 527 Intr. by: Mr. Blas First Reading: February 1, 2012 nd PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 15 Hawai‘i County Council-37 February 15, 2012 Bill 170 (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 a new account, Transfer from Disaster & Emergency Fund ($500,000); and appropriates same to The Food Basket, Inc. The Food Basket, Inc., serves as Hawai‘i 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. 529.2 Intr. by: Ms. Ford First Reading: February 1, 2012 POSTPONED TO THE CALL OF THE CHAIR: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. REPORTS Financial Report: Monthly Budget Status Report for the Month Ended December 31, 2011, from the Department of Finance. ACCEPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. PC-40 (Comm. 530): Recommend the confirmation of the appointment of Ms. Susan L. Lee Loy (District 4) to the Water Board. APPROVED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 16 Hawai‘i County Council-37 February 15, 2012 PC-41 (Comm. 531): Recommends the confirmation of the appointment of Ms. Nancy Carr-Smith to the Board of Appeals. APPROVED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. PC-42 (Comm. 532): Recommends the confirmation of the appointment of Mr. Wayne Joseph to the Board of Appeals. APPROVED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. HSSPSC-7: Recommends the confirmation of the appointment of Mr. James “Kimo” Lee (Comm. 533) (Council District 2) to the Fire Commission. APPROVED: AYES: Council Members Blas, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Onishi – 1. EXCUSED: None. HSSPSC-8: Recommends the confirmation of the appointment of Mr. Guy K. Schutte (Council (Comm. 534) District 9) to the Police Commission. APPROVED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. HSSPSC-9: Recommends the confirmation of the appointment of Mr. Joseph K. Kealoha (Comm. 535) (Council District 9) to the Liquor Control Adjudication Board. APPROVED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 17 Hawai‘i County Council-37 February 15, 2012 REFERRALS FOR EXECUTIVE SESSION Comm. 488.2: HOKULI‘A/OCEANSIDE 1250 (CIVIL NO. 10-1-157K) From Council Member Brenda J. Ford, dated February 2, 2012, requesting an executive session regarding the motion to enforce the settlement agreement and any other matters regarding Hokuli‘a/Oceanside 1250. CLOSE FILE: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Comm. 529.3: EXECUTIVE SESSION REQUEST REGARDING BILL 170, DRAFT 2 From Council Member Pete Hoffmann, dated February 2, 2012. CLOSE FILE: AYES: Council Members Blas, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Onishi – 1. EXCUSED: None. Comm. 566: GUSTIN ET AL. V. DOMINO ET AL. , CIVIL NO. 10-1-411K From Deputy Corporation Counsel Brooks L. Bancroft, dated January 26, 2012. CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Comm. 586: REQUEST FOR EXECUTIVE SESSION REGARDING CLAIMS FILED ON BEHALF OF GLEN SHIKUMA, PATRICIA NAKAMOTO, AND SHYLA AYAU: REQUEST TO HIRE SPECIAL COUNSEL From Chairperson Dominic Yagong, dated February 9, 2012, requesting that an executive session be convened for the purpose of discussing the above-referenced matter with the board’s attorney(s) as it pertains to the board’s powers, duties, privileges, immunities, and liabilities. CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. ; and (Communication 586.1 continues on the next page.) Page 18 Hawai‘i County Council-37 February 15, 2012 Comm. 586.1: From Chairperson Dominic Yagong, dated February 9, 2012, transmitting a copy of Communication No. 556.1, which was distributed at the start of the Council’s regularly scheduled meeting held on February 1, 2012. ; and Comm. 586.2: From Corporation Counsel Lincoln S. T. Ashida, dated February 7, 2012, requesting an executive session regarding a claim filed on behalf of Glen Shikuma and Patricia Nakamoto requesting to hire special counsel. ; and Comm. 586.3: From Corporation Counsel Lincoln S. T. Ashida, dated February 7, 2012, requesting an executive session regarding a claim filed on behalf of Shyla Ayau requesting to hire special counsel. 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 4:55 P.M. 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 February 13, 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 19 Hawai‘i County Council-37 February 15, 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: ndththnd Wednesdays, February 22 and 29 at 6 p.m.; Fridays, February 24 and March 2 at 12 p.m.; and Sundays, thth February 26 and March 4 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, 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 TUESDAY, MARCH 20, 2012 COMMITTEES TBA TBA WEDNESDAY, MARCH 21, 2012 COUNCIL 9:00 A.M. TBA Page 20