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Home My WebLink AboutAGE COUNCIL 05/02/2012 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Vice- Chairperson 43`d Session INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE COUNTY COUNCIL County of Hawai`i Hawai'i County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS Hawai`i County Council West Hawai`i Civic Center 74 -5044 Ane Keohokalole Highway, Building A Kailua -Kona, Hawai`i Wednesday, May 2, 2012 9:00 a.m. Pastor Ryan Fasani of Kona Church of Nazarene FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO Ln CO (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-43 May 2, 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 BILLS FOR ORDINANCES (FIRST READING) Bill 211: INITIATES AN AMENDMENT TO THE HAWAI‘I COUNTY CHARTER (2010) BY REPEALING ARTICLE VI, CHAPTER 5, AND ADDING A NEW ARTICLE TO PROVIDE THAT THE CORPORATION COUNSEL SHALL BE AN ELECTED OFFICIAL OF THE COUNTY States that the Corporation Counsel shall be an elected official of the County rather than an official appointed by the Mayor and confirmed by the County Council. The Corporation Counsel would continue to serve as the chief legal advisor and legal representative of all County agencies, the Council, and all officers and employees in matters relating to their official powers and duties. This measure includes transitional provisions whereby the first election for the Office of the Corporation Counsel will occur in 2014. Re: Comm. 627 Intr. by: Mr. Yagong Approve: GRC-14 Bill 236: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALING ORDINANCE NO. 11-54 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2012 The amendments are contained in Section 2, which changes the punctuation marks from a semi-colon to a period for three of the sentences. No adjustments were made to the salaries. Re: Comm. 678 Intr. by: Ms. Ford (B/R) Waived: FC Page 2 Hawai‘i County Council-43 May 2, 2012 Bill 238: AMENDS CHAPTER 24, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Chapter 24, Article, 7, Division 2, Section 24-149 (Maximum speed limit) by adding the language “section 24-149(a)(2),” into Section 24-149(a)(b). Re: Comm. 681 Intr. by: Mr. Hoffmann Waived: PWPRC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 192 (Draft 2): INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-17, OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), RELATING TO THE COUNTY REDISTRICTING COMMISSION Prohibits redistricting commissioners from becoming a candidate for the County Council for the first election cycle following the redistricting. The provisions of this charter amendment shall take effect in the first County election following the 2021 redistricting plan. Re: Comm. 587.2 Intr. by: Mr. Hoffmann First Reading: April 4, 2012 Second Rdg.: April 17, 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 212: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-254 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 20 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-254, Schedule 2 (20 mph limit), subsection (g), by adding a new item and renumbered as required: “( ) Government Beach Road from Papaya Farms Road to its northwestern terminus.” This amendment updates the Hawai‘i County Code to match existing conditions and designates a 20 mph speed limit for a portion of Government Beach Road. Re: Comm. 630 Intr. by: Mr. Blas First Reading: April 17, 2012 ; and Comm. 630.1: From Warren. H. W. Lee, dated April 13, 2012, stating that Section 1 of Bill 212 needs to be corrected. Page 3 Hawai‘i County Council-43 May 2, 2012 Bill 213: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-256 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 30 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 (30 mph limit), subsections (g)(2) and (g)(3), by revising existing items: “(2) Kalapana Government Beach Road, from a point 2.35 miles north of the Kapoho-Kumukahi intersection Pāhoa- Kapoho Road to the Kaimū-Pāhoa-Kapoho intersection Papaya Farms Road.”; and “(3) Kalapana-Kapoho Beach Road, from a point 2.35 miles south of the Kapoho- Kumukahi intersection to the National Park boundary.” These amendments updates the Hawai‘i County Code to match existing conditions and designates a 20 mph speed limit for a portion of Government Beach Road. Re: Comm. 631 Intr. by: Mr. Blas First Reading: April 17, 2012 ; and Comm. 631.1: From Warren. H. W. Lee, dated April 13, 2012, stating that Section 1 of Bill 213 needs to be corrected. Bill 214: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 25 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mph limit), subsection (f), by adding a new item and renumbered as required: “( ) Ali‘i Drive, from the property line between parcels 7-8-014:005 and 7-8-014:006 to Mākole‘ā Street.” This amendment lowers the speed limit to 25 mph in a high pedestrian area adjacent to Kahalu‘u Beach Park. Re: Comm. 632 Intr. by: Mr. Blas First Reading: April 17, 2012 Bill 215: 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 24-286.1, Schedule 34.1 (Angle parking permitted areas), subsection (c), by adding a new item and renumbered as required: “( ) Lanihuli Street, from the property line between parcels 2-2-021:025 and 2-2-021:043 to its western terminus, in the marked stalls.” This amendment designates parking and no parking areas in an effort to provide adequate sight distance at three driveway locations in the area. Re: Comm. 633 Intr. by: Mr. Blas First Reading: April 17, 2012 Page 4 Hawai‘i County Council-43 May 2, 2012 Bill 216: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CROSSWALKS Amends Chapter 24, Article 10, Division 4, Section 24-276, Schedule 24 (Crosswalks), subsection (f), by adding a new item and renumbered as required: “( ) Ali‘i Drive, eight hundred fifteen feet north of Mākole‘ā Street.” This amendment provides a marked crosswalk adjacent to a heavily used section of Kahalu‘u Beach Park. Re: Comm. 634 Intr. by: Mr. Blas First Reading: April 17, 2012 Bill 217: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-256 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 30 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 (30 mph limit), subsection (f)(1), by revising an existing item: “(1) Ali‘i Drive, from Wālua Road (vicinity of Kona Hilton Hotel) to Kamehameha III Road in Keauhou the property line between parcels 7-8-014:005 and 7-8-014:006.” This amendment revises the existing 30 mph limit area along Ali‘i Drive which is in a high pedestrian area adjacent to Kahalu‘u Beach Park. Re: Comm. 635 Intr. by: Mr. Blas First Reading: April 17, 2012 Bill 218: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-256 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 30 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 (30 mph limit), subsection (f), by adding a new item and renumbered as required: “( ) Ali‘i Drive, from Mākole‘ā Street to Kamehameha III Road.” This amendment revises the existing 30 mph limit area along Ali‘i Drive which is in a high pedestrian area adjacent to Kahalu‘u Beach Park. Re: Comm. 636 Intr. by: Mr. Blas First Reading: April 17, 2012 Page 5 Hawai‘i County Council-43 May 2, 2012 Bill 219 (Draft 2): AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – 1 ACRE (A-1a) TO SINGLE-FAMILY RESIDENTIAL – 20,000 SQUARE FEET STND (RS-20) AT HŌLUALOA 1 AND 2 (MAUKA), NORTH KONA DISTRICT, HAWAI‘I, COVERED BY TAX MAP KEY: 7-6-004:018 (Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust; Area 1.090 acres) From Mayor William P. Kenoi, dated March 13, 2012, transmitting the above bill and enclosures with a favorable recommendation from the Leeward Planning Commission Chair Geraldine Giffin. The applicant requests a Change of Zone from Agricultural-1 acre (A-1a) to Single-Family Residential-20,000 square feet (RS-20) in order to develop a two-lot subdivision with an average lot size of 23,000 square feet. Re: Comm. 647.5 Intr. by: Mr. Ikeda First Reading: April 17, 2012 Bill 222 (Draft 2): AUTHORIZES THE ISSUANCE OF UP TO $31,000,000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF A POLICE LAND MOBILE RADIO UPGRADE PROJECT OF THE COUNTY; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZING THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS The County Council determines and finds that it is advisable, expedient, and in the best interest of the County to authorize the issuance, sale, and delivery of general obligation bonds in an aggregate principal amount not to exceed $31,000,000 for the purpose of funding all or a portion of the costs (including the costs of issuance of the bonds) of the Police Land-Mobile Radio Upgrade Project authorized by the County’s capital budget Ordinance No. 11-60 for the 2011-2012 fiscal year. Re: Comm. 652.1 Intr. by: Ms. Smart First Reading: April 17, 2012 Bill 223: 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 – Enforcement State Law Prohibiting Alcohol Sales to Minors ($12,000); and appropriates same to Enforcement State Law Prohibiting Alcohol Sales to Minors. Re: Comm. 655 Intr. by: Ms. Ford (B/R) First Reading: April 17, 2012 Page 6 Hawai‘i County Council-43 May 2, 2012 Bill 224: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING 30, 2012 JUNE Increases revenues in Federal-2012 Block Grant ($2,520,236) and Block Grant-Program Income ($75,000), for a total amount of $2,595,236; and appropriates to the following: Residential Emergency Repair Program ($242,500), Habitat for Humanity Affordable Workforce Housing-Waikoloa Land Acquisition ($225,000), Pāhoa Fire Station-Fire Truck Acquisition ($250,000), Removal of Architectural Barriers-Americans with Disabilities Act Compliance-Various County Facilities ($737,736), Arc of Hilo Job Creation and Training Center-Construction ($500,000), Coordinated Services Hāmākua Elderly-Raised Roof Van Acquisition ($70,000), Construction Management ($100,000), and Administration, Planning and Fair Housing ($470,000), for a total amount of $2,595,236. In anticipation of the U.S. Department of Housing and Urban Development approval and in order to administer and implement the 2012 Community Development Block Grant (CDBG) projects, the Office of Housing and Community Development (OHCD) needs this appropriation ordinance to expend the 2012 CDBG funds. The OHCD emphasizes that no County General Funds are involved. Re: Comm. 661 Intr. by: Mr. Hoffmann First Reading: April 17, 2012 Bill 225: 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-2012 HOME Program ($2,925,000) and HOME Grant- Program Income ($25,000), for a total amount of $2,950,000; and appropriates to the following: Tenant Based Rental Assistance-County of Hawai‘i ($1,022,500), Hawaiian Paradise Park Mutual Self-Help Project, Phase I-Hawai‘i Island Community Development Corporation ($450,000), Na Kahua Hale O Ulu Wini, Phase III-County of Hawai‘i ($914,000), Habitat for Humanity Affordable Workforce Housing-Construction ($336,000), and Office of Housing and Community Development (OHCD) Administration ($227,500), for a total amount of $2,950,000. In anticipation of the State’s Hawai‘i Housing Finance and Development Corporation’s approval and in order to administer the HOME projects, the OHCD needs this appropriation ordinance to expend the 2012 HOME funds. The OHCD emphasizes that no County General Funds are involved. Re: Comm. 662 Intr. by: Mr. Hoffmann First Reading: April 17, 2012 Page 7 Hawai‘i County Council-43 May 2, 2012 Bill 226: AMENDS CHAPTER 11, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING POLICY Amends Section 11-5 (Satisfaction of affordable housing credits) to provide more practicable parameters for satisfaction of an affordable housing requirement by conveyance of land. This was triggered by barriers in the implementation of Chapter 11 with specific regard to the appraisal value of land as it relates to market price fluctuations. Re: Comm. 663 Intr. by: Mr. Hoffmann First Reading: April 17, 2012 REPORTS 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 places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by April 30, 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:  Hilo Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401  Kona Council Room, 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 8 Hawai‘i County Council-43 May 2, 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: thththththth Wednesdays, May 9 and 16 at 6 p.m.; Fridays, May 11 and 18 at 12 p.m.; and Sundays, May 13 and 20 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 MONDAY, MAY 14, 2012 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE COUNCIL RE 25 Aupuni Street ST 1 READING OF OP/CIP BUDGETS COUNCIL PUBLIC HEARING 5:00 P.M. COUNCIL ROOM - HILO RE REAL PROPERTY TAX 25 Aupuni Street RATES TUESDAY, MAY 15, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY MAY 16, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street THURSDAY, MAY 31, 2012 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE COUNCIL RE 25 Aupuni Street ND 2 READING OF OP/CIP BUDGETS Page 9