HomeMy WebLinkAboutAGE COUNCIL 05/15/2012 2010-2012 DOMINIC YAGONG �JM<r OF i.. FRED BLAS
Chairperson and Presiding Officer BRENDA FORD
PETE HOFFMANN
K. ANGEL PILAGO DONALD IKEDA
Vice-Chairperson ?,r'. �`� DENNIS"FRESH"ONISHI
OF
` 4, BRITTANY SMART
J YOSHIMOTO
COUNTY COUNCIL
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County of Hawaii
Hawai'i County Building
25 Aupuni Street
Hilo, Hawai'i 96720 _
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45°i Session
ORDER OF BUSINESS
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii
Tuesday, May 15, 2012
9:00 a.m.
INVOCATION Kahu Brian Welsh of Haili Church
CALL TO ORDER
PLEDGE OF ALLEGIANCE
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawaii County is an Equal Opportunity Provider and Employer.
Hawaii County Council-45 May 15, 2012
MEMORIALS, CERTIFICATES OF MERIT,AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
(NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR)
APPROVAL OF MINUTES
COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 220-12 (Draft 3): 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. Authorizes the Council Chair and the
County Clerk to transfer funds for the purpose of making a contribution to the Food
Basket, Inc.
Re: Comm. 549.5
Intr. by: Mr. Onishi
Waived: FC
Postponed: February 1, 2012
Held Over: February 15, 2012
Postponed: March 9, 2012
(Note: There is a pending motion by Mr. Onishi and duly seconded by
Mr. Yoshimoto,to approve Resolution 220-12, Draft 3.)
Res. 245-12: ACCEPTS THE GRANT OF EASEMENT FROM AKEBONO TOWN CENTER, LLC
FOR STREET LIGHT POLE PURPOSES
Akebono Town Center, LLC, is desirous of granting an easement located in Pahoa Town
(TMK: (3)1-5-002:02)to the County of Hawaii, who would like to install a street light on
utility pole 42 adjacent to Luquin's Mexican Restaurant to illuminate the raised crosswalk.
Re: Comm. 673
Intr. by: Mr. Blas
Approve: PWPRC-94
Res. 246-12: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $2,000 TO
THE DEPARTMENT OF PARKS AND RECREATION TO HELP FUND TRAINING
OF ITS PERSONNEL TO REPAIR"SOFTURF",A SAFETY-SURFACE FOR
PLAYGROUNDS
Donated by the Keaukaha Community Association,the funds will be used to pay for part
of the cost to train Parks and Recreation staff to repair`°'Softturf,"a safety-surface for
playgrounds.
Re: Comm. 675
Intr. by: Ms. Ford(B/R)
Approve: FC-213
Page 2
Hawaii County Council-45 May 15, 2012
Res. 251-12: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT(S)AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT(S), RELATING TO PURCHASE OF COMPUTERS
Transfers/appropriates out and from Clerk-Council Services Other Current Expense,
Equipment Repair($20,000); and credits same to Clerk-Council Services Equipment,
Computer Equipment. Funds would be used for the Legislative Branch to purchase new
computer equipment to replace the outdated and non-working computers.
Re: Comm. 707
Intr. by: Ms. Ford
Waived: FC
BILLS FOR ORDINANCES (FIRST READING)
Bill 227: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-287 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
LOADING ZONES
Amends Chapter 24,Article 10, Division 6, Section 24-287, Schedule 35 (Passenger
loading zones), subsection(c), by adding a new item and renumbered as required:
"( ) Desha Avenue, southeast side, from a point one hundred ninety-seven feet northeast
of Pua Avenue and extending seventy five feet in the northeasterly direction(fronting
Keaukaha Elementary School)." This amendment addresses a request to establish a
passenger loading zone along Desha Avenue to service Keaukaha Elementary School.
Re: Comm. 667
Intr. by: Mr. Blas (B/R)
Approve: PWPRC-93
Bill 228 (Draft 2): 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
FAMILY AGRICULTURAL—2 ACRES (FA-2a)TO FAMILY
AGRICULTURAL— 1 ACRE (FA-la)AT PONAHAWAI, SOUTH HILO,HAWAII,
COVERED BY TAX MAP KEY: 2-5-040:18 (Applicant: Leslie A. Botelho and
Betty Jean Botelho, Area: 2.116 acres)
From Mayor William P. Kenoi, dated March 30, 2012,transmitting the above bill and
enclosures with a favorable recommendation from Windward Planning Commission
Chair Zendo Kern. The applicants request a Change of Zone from Family
Agricultural—2 acre (FA-2a)to Family Agricultural— 1 acre (FA-la) in order to
subdivide the property into two parcels.
Re: Comm. 668.4
Intr. by: Mr. Ikeda
Approve: PC-47
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Hawaii County Council-45 May 15, 2012
Bill 230: PLANNING DIRECTOR INITIATED: AMENDS THE COUNTY OF HAWAII
GENERAL PLAN AS ADOPTED BY ORDINANCE NO. 05-25 AND AMENDED BY
ORDINANCE NO. 06-153 BY AMENDING MAP 15 OF THE LAND USE PATTERN
ALLOCATION GUIDE (LUPAG) MAP BY CHANGING THE LAND USE
DESIGNATION FROM URBAN EXPANSION TO EXTENSIVE AGRICULTURE,
LOW DENSITY URBAN, MEDIUM DENSITY URBAN AND FROM LOW
DENSITY URBAN TO MEDIUM DENSITY URBAN AND URBAN EXPANSION
FOR PAHOA VILLAGE AND THE IMMEDIATELY SURROUNDING AREAS,
PAHOA, PUNA, ISLAND OF HAWAII
From Mayor William P. Kenoi, dated April 11, 2012,transmitting the above bill and
enclosures with a favorable recommendation from Windward Planning Commission
Chair Zendo Kern and Leeward Planning Commission Chair Geraldine Giffin. Initiates
an amendment to Map 15 of the LUPAG Map of the County of Hawaii General Plan by
changing the land use designation for Pahoa Village and the immediately surrounding
areas as follows: A-1. Urban Expansion to Extensive Agriculture along the northeast side
of the Kea`au-Pahoa Road, Pahoa Bypass Road, and along the east side of Pahoa-
Kalapana Road; A-2. Urban Expansion to Medium Density Urban in the vicinity of
Malama Market and along Kahakai Boulevard between Pahoa Village Road and Pahoa
Bypass Road; A-3. Urban Expansion to Low Density Urban along the northwest side of
Pahoa Bypass Road and along the south side of town along Ka`ohe Homestead Road; A-
4. Low Density Urban to Medium Density Urban along both sides of Pahoa Village Road
from Kahakai Boulevard to Pahoa Village; and A-5. Low Density Urban to Urban
Expansion southwest of Pahoa Village Road along `Apa`a Street.
Re: Comm. 670
Intr. by: Mr. Hoffmann
Approve: PC-48
Bill 231: PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25,ARTICLE 2,
DIVISION 4 AND ARTICLE 6, DIVISIONS 4 AND 5 OF THE HAWAII COUNTY
CODE 1983 (2005 EDITION,AS AMENDED), RELATING TO NOTIFICATION
REQUIREMENTS FOR ZONING AMENDMENT, PROJECT DISTRICT AND
AGRICULTURAL PROJECT DISTRICT APPLICATIONS
From Mayor William P. Kenoi, dated April 11, 2012,transmitting the above bill and
enclosures with a favorable recommendation from Windward Planning Commission
Chair Zendo Kern and Leeward Planning Commission Chair Geraldine Giffin. Initiates
an amendment to Chapter 25 (Zoning Code) relating to notification requirements for
zoning amendment, project district and agricultural project district applications. The
proposed amendment is a housekeeping matter that seeks to provide consistency among
different sections of the Zoning Code.
Re: Comm. 671
Intr. by: Mr. Hoffmann
Approve: PC-49
Page 4
Hawaii County Council-45 May 15, 2012
Bill 232 (Draft 2): PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25,ARTICLE 2 AND
ARTICLE 4 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,AS
AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR
CREMATORIUMS, FUNERAL HOMES, FUNERAL SERVICES,AND
MORTUARIES
From Mayor William P. Kenoi, dated April 11, 2012,transmitting the above bill and
enclosures with a favorable recommendation from Windward Planning Commission
Chair Zendo Kern and Leeward Planning Commission Chair Geraldine Giffin. Initiates
amendments to Chapter 25 (Zoning Code), Articles 2 and 4, relating to crematoriums,
funeral homes, funeral services and mortuaries in support of Bill 90, which was recently
initiated by the Hawaii County Council. The amendments relate to the following:
Section 25-2-61(a)(2) and 25-2-61(a)(9)regarding Use Permits, and Section 25-4-
51(a)(8)regarding Required Number of Parking Spaces.
Re: Comm. 672.2
Intr. by: Mr. Hoffmann
Approve: PC-50
Bill 233: AMENDS CHAPTER 20 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,
AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO DISPOSAL OF
MATERIAL COLLECTED AT TRANSFER STATIONS
Amends Chapter 20 by adding a new article regarding the disposal of materials collected
by the County at transfer stations. States that all materials collected at certain County
transfer stations shall be transported to either the South Hilo Sanitary Landfill or the
Pu`uanahulu Sanitary Landfill for disposal.
Re: Comm. 674
Intr. by: Mr. Yagong
Approve: EMC-8
Bill 234: 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 - Special Investigative Training ($13,964), and
appropriates same to Special Investigative Training. Funds would be used by the Police
Department to improve their ability to respond to violent crimes against women through
ongoing specialized training for the detectives of the Juvenile Aid Section.
Re: Comm. 676
Intr. by: Ms. Ford(B/R)
Approve: FC-214
Page 5
Hawaii County Council-45 May 15, 2012
Bill 235: 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—Workforce Investment Act(WIA) ($1,521,232)
and appropriates to the following: WIA—Administration Planning 2012-13 ($152,121),
WIA—Adult Program 2012-13 ($495,316),WIA—Dislocated Worker Program 2012-13
($405,276), and WIA—Youth Program 2012-13 ($468,519), for a total amount of
$1,521,232. Funds would be used by the Office of Housing and Community
Development's WIA Program to assist adults, dislocated workers, and youths by
providing services that will train individuals to increase employment, retention, earnings,
skills, and literacy,thus improving the quality of the workforce, reducing welfare
dependency, and enhancing the productivity and competiveness of the local economy.
Re: Comm. 677
Intr. by: Ms. Ford(B/R)
Approve: FC-215
Bill 237: INITIATES AN AMENDMENT TO THE HAWAII COUNTY CHARTER(20 10) BY
AMENDING ARTICLE X, SECTION 10-3 RELATING TO THE SCOPE OF THE
OPERATING BUDGET
Requires all new positions be created separately from the budget process to allow for
greater transparency and for the opportunity for public discussion on increasing the size
of government. Adds the following language in Section 10-3(a): "(2)The operating
budget shall not contain any new positions that have not been previously approved by the
council by resolution."
Re: Comm. 680
Intr. by: Mr. Yagong
Approve: FC-216
Bill 247: 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 Parks and Recreation: Maka`eo Skateboard Park(Phase II—Keiki Skateboard and
Stage Area and Phase III—Intermediate Skateboard Area) ($35,000); funds shall be
provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or
Other Sources (Fair Share Funds, District 8) ($35,000). Funds would be used to
complete portions of the Maka`eo Skateboard Park, specifically,the Keiki skateboard
and stage sections (Phase II) and a portion of the Intermediate skateboard area(Phase
111).
Re: Comm. 690
Intr. by: Ms. Ford
Waived: FC
Note: Requires 2/3 vote of the entire membership to
amend, pursuant to Section 10-6(e), Hawai`i
County Charter
Page 6
Hawaii County Council-45 May 15, 2012
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 211(Draft 2): INITIATES AN AMENDMENT TO THE HAWAII COUNTY CHARTER(20 10) 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. 627.3
Intr. by: Ms. Ford
First Reading: May 2, 2012
Public Hearing: May 14, 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 212: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-254 OF THE
HAWAII 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: "O Government
Beach Road from Papaya Farms Road to its northwestern terminus." This amendment
updates the Hawaii 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
Postponed: May 2, 2012
(Note: There is a pending motion by Mr. Blas and duly seconded by Ms. Smart,to
approve Bill 212.)
; and
Comm. 630.1: From Warren. H. W. Lee, dated April 13, 2012, stating that Section 1 of Bill 212 needs to
be corrected.
(Note: There is a pending motion by Mr. Hoffmann and duly seconded by
Ms. Smart,to amend Bill 212 with the contents of Communication 630.1.)
Page 7
Hawaii County Council-45 May 15, 2012
Bill 213: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-256 OF THE
HAWAII 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) Kalapan Government
Beach Road, from a point- 35 miles nefth of the Kapehe Kumttkahi int °C4k)r Pahoa-
Kapoho Road to the Ka m„ Pdhe., Kapehe int eater Papaya Farms Road."; and
"(3) Kalapana-Kapoho Beach Road, f°m ° poifit �c m °� setAi, of the Kapehe
Kunmmkahi inters°°*;°r to the National Dark b,,,,r,aafy" These amendments updates the
Hawaii 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
Postponed: May 2, 2012
(Note: There is a pending motion by Mr. Blas and duly seconded by Ms. Smart,to
approve Bill 213.)
; 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 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)
First Reading: May 2, 2012
Bill 238: AMENDS CHAPTER 24, HAWAII 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
First Reading: May 2, 2012
REPORTS
Financial Report: Monthly Budget Status Report for the Month Ended March 31, 2012, from the
Department of Finance.
Page 8
Hawaii County Council-45 May 15, 2012
REFERRALS FOR EXECUTIVE SESSION
Comm. 682: CLAIM AGAINST THE COUNTY OF HAWAII/STATE FARM FOR
JARVIS WONG
From Deputy Corporation Counsel Kimberly Angay, dated April 17, 2012.
Comm. 709: CLAIM AGAINST THE COUNTY OF HAWAI`I/JAVITCH, BLOCK,
RATHBONE ET. AL
From Deputy Corporation Counsel Kimberly Angay, dated April 19, 2012.
The Council anticipates convening an executive meeting regarding the above matters,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 May 11, 2012. Relay users please call 711(961-8255)to contact our office.
Public Attendance via Videoconference is available at the following locations until 4:30 p.m., or later in the event
public witness testimony has not been completed:
• Kona Council Office,West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A
• Waimea Council Office, Holomua Center, 64-1067 Mamalahoa Highway, Suite 5
• Pahoa Council Office, Pahoa Marketplace, 15-2660 Pahoa Village Road, Room 304
If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted,the
scheduled meeting will continue.
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: (1)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 counciltestimonv kco.hawaii.hi.us. Please submit separate
testimony for each item.
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Hawaii County Council-45 May 15, 2012
Viewing of Meetings on Government Access Television- Channel 52:
Wednesdays, May 23rd and 30'h to follow the viewing of the May 14, 2012 Special Meeting of the Council which
is scheduled to start at 6 p.m.; Fridays, May 25th and June 1St to follow the viewing of the May 14, 2012 Special
Meeting of the Council which is scheduled to start at 12 p.m.; and Sundays, May 27th and June 3rd to follow the
viewing of the May 14, 2012 Special Meeting of the Council which is scheduled to start 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.tv/schedule.)
UPCOMING MEETINGS
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
2ND READING OF OP/CIP
BUDGETS
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