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Home My WebLink AboutAGE COUNCIL 07/03/2012 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Vice-Chairperson 49th Session INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE COUNTY COUNCIL County of Hawai Hawai '1 County Building 25 Aupuni Street Hilo, Hawai `i 96720 ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Tuesday, July 3, 2012 9:00 a.m. FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO Pastor Morris Niimi of Puna New Hope Christian Fellowship (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-49 July 3, 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 Res. 253-12 (Draft 2): REQUESTS THE OFFICE OF THE LEGISLATIVE AUDITOR TO PROVIDE AN ANNUAL REPORT SUMMARIZING THE ACTUAL PERFORMANCE LEVELS OF NONPROFIT ORGANIZATIONS THAT RECEIVED GRANT FUNDS FROM THE COUNTY Requests that the Office of the Legislative Auditor provide on an annual basis, a report analyzing each nonprofit program by comparing their reported achievements with the performance objectives stated in their application for County funds. Requests that this report be submitted to the Chair of the ad hoc committee established to review and make recommendations on grant awards to qualifying nonprofit agencies. Re: Comm. 715.2 Intr. by: Ms. Smart Approve: GRC-15 Res. 256-12: ALERTS THE PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION AND AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF THE WAIKĀKU‘U FOREST PARCELS (TMKS: 8-7-008:002, 033 AND 034) IN THE AHUPUA‘A OF WAIKĀKU‘U, SOUTH KONA, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) Authorizes the Finance Director to initiate any funding mechanisms required for the acquisition of the above parcels pursuant to the terms of this resolution. Funds from the Public Access, Open Space and Natural Resources Preservation Fund, Federal and State grants, private grants and any other funding sources may be used. The Parks and Recreation Department shall maintain control of and provide for management of these parcels, its facilities and amenities, as well as work with other governmental agencies and arrange for cultural, historic, and biological surveys to be completed. Re: Comm. 719 Intr. by: Ms. Ford Negative: FC-224 (due to a vote of 4-ayes, 3-noes, and 2-absent) Page 2 Hawai‘i County Council-49 July 3, 2012 Res. 260-12: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FIRE RESCUE EQUIPMENT FOR USE BY THE HAWAI‘I FIRE DEPARTMENT’S FIRE RESCUE AND OCEAN SAFETY DIVISIONS Donated by the Daniel Sayre Memorial Foundation, the fire rescue equipment, with a total value of $25,515.23, will be used by the Fire Rescue and Ocean Safety Divisions. Re: Comm. 723 Intr. by: Ms. Ford (B/R) Approve: FC-225 Res. 261-12: AUTHORIZES THE ACCEPTANCE OF USED FIRE APPARATUS TO BE UTILIZED BY THE HAWAI‘I FIRE DEPARTMENT ISLAND-WIDE Donated by the Honolulu Fire Department, the equipment consists of three Class A Pumpers and two 1,500 gallon water tankers, with a total value of $25,000, will be used by the Hawai‘i Fire Department as back-up to their front-line fleet and to support wildland firefighting activities. Re: Comm. 724 Intr. by: Ms. Ford (B/R) Approve: FC-226 Res. 262-12: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE FEDERAL BUREAU OF INVESTIGATION (FBI), HONOLULU DIVISION, PURSUANT TO HRS 46-7, TO ALLOW FOR THE USE OF OFFICE SPACE AT THE HILO POLICE STATION The Hawai‘i County Police Department would like to allow the FBI to use and occupy office space at the Hilo Police Station for the purpose of facilitating joint investigations, and to enhance investigations by the sharing of resources and expertise between Federal, State, and local law enforcement. Re: Comm. 732 Intr. by: Ms. Ford (B/R) Approve: FC-227 Res. 263-12: URGES THE UNITED STATES CONGRESS TO PASS AND SEND TO THE STATES FOR RATIFICATION OF A CONSTITUTIONAL AMENDMENT TO REVERSE CITIZENS UNITED v. FEDERAL ELECTIONS COMMISSION (2010) Calls upon the United State Congress to pass and send to the states for ratification a constitutional amendment to reverse Citizens United v. Federal Election Commission (2010), and to clarify that corporations are not entitled to the constitutional protection or “rights” of natural persons. Re: Comm. 735 Intr. by: Ms. Smart Approve: GRC-16 Page 3 Hawai‘i County Council-49 July 3, 2012 Res. 264-12: AUTHORIZES THE CHAIR OF THE COUNTY COUNCIL TO TAKE ALL NECESSARY ACTION TO ENROLL THE COUNTY INTO THE NATIONAL ASSOCIATION OF COUNTIES (NACo) PRESCRIPTION DISCOUNT CARD MARKETING FEE REIMBURSEMENT PROGRAM NACo is offering a new marketing fee reimbursement option for the Prescription Discount Card Program, and states that Hawai‘i County would receive a one dollar fee per prescription each time the prescription discount card is used. This option would not increase costs for the user of the card nor incur any costs to Hawai‘i County. Further states that the Finance Deprtment work with the Office of Aging to direct all income from this marketing fee program to the Office of Aging’s account. Re: Comm. 736 Intr. by: Ms. Smart Approve: GRC-17 Res. 265-12: REQUESTS THAT THE MAYOR AUTHORIZE THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TMK 9-2-001:072 IN ITS ENTIRETY, CERTAIN PORTIONS THEREOF, OR A CONSERVATION EASEMENT, AS SITUATED IN KAHUKU, KA‘Ū, KNOWN AS PŌHUE BAY Awarded the second highest criteria score by the Public Access, Open Space and Natural Resources Preservation Commission on its prioritized list of qualifying lands worthy of preservation listed in the 2010 Report, the acquisition of this parcel comprised of approximately 16,000 acres, would benefit the island community as well as nearby towns by allowing access to Pōhue Bay, which is currently under private ownership. Authorizes the Finance Director to initiate any funding mechanisms required for the acquisition of the property in its entirety, certain portions thereof, or a conservation easement, in accordance with the terms of this resolution. Re: Comm. 738 Intr. by: Ms. Smart Approve: FC-228 Res. 266-12: DIRECTS THE CLERK OF THE COUNTY OF HAWAI‘I TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 12-70 ON THE 2012 GENERAL ELECTION BALLOT Ordinance No. 12-70 proposes an amendment to the Hawai‘i County Charter to amend provisions relating to the County Redistricting Commission. 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. 12-70 on the 2012 General Election ballot for approval by the voters of the County. Re: Comm. 741 Intr. by: Mr. Hoffmann Approve: GRC-18 Page 4 Hawai‘i County Council-49 July 3, 2012 Res. 267-12: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF A PARCEL (TMK: 8-1-009:051) IN THE AHUPUA‘A OF KA‘AWALOA, SOUTH KONA Authorizes the Finance Director to initiate any funding mechanisms required for the acquisition of the above parcel, including but not limited to funds from private sources, County departments and agencies, general obligation bonds, and any State and Federal grants. Comprised of 1.716 acres of land, with a market value of less than $210,000, the parcel is owned by Alexander Davis Smith and Mae Sonoda Smith. Re: Comm. 746 Intr. by: Ms. Ford Approve: FC-229 Res. 269-12: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 24, BILLS AND RESOLUTIONS Amends Rule No. 24, Bills and Resolutions, by adding a new section to provide that the introducer of a bill or resolution shall sign and transmit any amended version of the bill or resolution; however, if the introducer is no longer on the Council, the Council Chair would sign and transmit the amended bill or resolution. Re: Comm. 750 Intr. by: Ms. Ford Waived: FC Res. 270-12: REQUESTS THE OFFICE OF THE LEGISLATIVE AUDITOR TO CONDUCT A PERFORMANCE AND FINANCIAL AUDIT OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Requests the Office of the Legislative Auditor to conduct a performance and financial audit of the Department of Environmental Management and that they add this request to its FY 2010-2012 annual audit plan. States that the findings and recommendations of the audit are intened to assist County government in its managmenet of public resources, delivery of public services, and stewardship of public trust. Re: Comm. 752 Intr. by: Mr. Pilago Waived: FC Page 5 Hawai‘i County Council-49 July 3, 2012 BILLS FOR ORDINANCES (FIRST READING) Bill 209: AMENDS SECTION 25-8-26 (PĀHOA 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 VILLAGE COMMERCIAL – 7,500 SQUARE FEET (CV-7.5) AT PĀHOA, PUNA DISTRICT, HAWAI‘I, COVERED BY TAX MAP KEY: 1-5-011:008 AND 009 (Applicant: Karen and Adrian Galan; Area 17,995 square feet) From Mayor William P. Kenoi, dated March 5, 2012, transmitting the above bill and enclosures with an unfavorable recommendation from Windward Planning Commission Vice-Chair Dean Au. The applicants request a Change of Zone from Single-Family Residential-10,000 square feet (RS-10) to Village Commercial-7,500 square feet (CV-7.5) to develop five detached structures for retail use (“boutiques”) and overnight visitor accommodation (“bungalows”). Re: Comm. 624 Intr. by: Mr. Hoffmann Negative: PC-53 (due to a vote of 3-ayes, 5-noes, and 1-absent) Bill 228 (Draft 2): 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 FAMILY AGRICULTURAL – 2 ACRES (FA-2a) TO FAMILY AGRICULTURAL – 1 ACRE (FA-1a) AT PONAHAWAI, SOUTH HILO, HAWAI‘I, 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-1a) in order to subdivide the property into two parcels. Re: Comm. 668.4 Intr. by: Mr. Ikeda Approve: PC-47 Postponed: May 15, and June 6 and 19, 2012 (Note: There is a pending motion by Mr. Ikeda and duly seconded by Mr. Yoshimoto, to approve Bill 228, Draft 2.) Page 6 Hawai‘i County Council-49 July 3, 2012 Bill 229: AMENDS ORDINANCE NO. 99-116 WHICH AMENDS ORDINANCE NO. 96-159 WHICH 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) (formerly referred to as Section 25-114, City of Hilo Zone Map, Article 3, Chapter 25, Zoning Code) BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL – 7,500 SQUARE FEET (CN-7.5) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY NOS.: 2-2-044:003, 031, 032, 035, AND 037; REQUEST: AMEND CONDITION C (SECURE FINAL SUBDIVISION APPROVAL), CONDITION H (DRAINAGE IMPROVEMENTS), AND CONDITION I (IMPROVE KAHAOPEA STREET) OF CHANGE OF ZONE ORDINANCE NO. 99-116 (Applicant: Graphic Images Hawai‘i, Inc.; Area: 7.402 acres) From Mayor William P. Kenoi, dated March 30, 2012, transmitting the above bill and enclosures with a favorable recommendation regarding Condition C and unfavorable recommendations regarding Conditions H and I from Windward Planning Commission Chair Zendo Kern. The applicant request amendments to Condition C, H, and I of Ordinance 99-116, which amended Ordinance 96-159, which rezoned 7.402 acres from Single-Family Residential -10,000 square feet (RS-10) to Neighborhood Commercial – 7,500 square feet (CN-7.5). These amendments relate to a five-year time extension to secure final subdivision approval, timing of installing drainage improvements, and timing of installing roadway improvements along Kahaopea Street. Re: Comm. 669 Intr. by: Mr. Hoffmann Negative: PC-54 (due a vote of 4-ayes, 4-noes, and 1-absent) Bill 258: 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 AGRICULTURAL – THREE ACRES (A-3a) TO FAMILY AGRICULTURAL – ONE ACRE (FA-1a) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-4-004:072 (Applicant: Joseph Okuna; Area: 2.960 acres) From Mayor William P. Kenoi, dated May 16, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern. The applicant requests a Change of Zone from Agricultural 3-acres (A-3a) to Family Agricultural 1-acre (FA-1a) to subdivide the property into two lots and distribute one lot to the applicant and one lot to the applicant’s sister for estate planning purposes. Re: Comm. 728 Intr. by: Mr. Hoffmann Approve: PC-51 Page 7 Hawai‘i County Council-49 July 3, 2012 Bill 259: 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 INDUSTRIAL- COMMERCIAL MIXED – 20,000 SQUARE FEET (MCX-20) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-035:003 (Applicant: Boyd F. Castro, D.V.M.; Area: 12,294 square feet) From Mayor William P. Kenoi, dated May 16, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern. The applicant requests a Change of Zone from Single-Family Residential – 10,000 square feet (RS-10) to Industrial-Commercial Mixed – 20,000 square feet (MCX-20) to allow a veterinary hospital/clinic on the subject site. Re: Comm. 729 Intr. by: Mr. Hoffmann Approve: PC-52 Bill 263 (Draft 2): AMENDS CHAPTER 2, ARTICLE 40, SECTION 2-207 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE SCOPE AND DUTIES OF THE ENVIRONMENTAL MANAGEMENT COMMISSION Amends Chapter 2, article 40, section 2-207 by adding language relating to the following: The environmental management commission shall advise the department on solid waste and wastewater programs and to include any pilot project or program; comments or recommendations by the commission shall be forwarded to the council; and that prior to council action, the director and commission shall submit comments and recommendations on all legislation relating to the functions and duties of the department, including any ordinance that amends chapters 20 or 21 of this Code, and further states that the comments and recommendations shall be provided to the council within 45 days of receipt. Re: Comm. 737.2 Intr. by: Ms. Smart Approve: EMC-9 Page 8 Hawai‘i County Council-49 July 3, 2012 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 260: INITIATES AN AMENDMENT TO THE HAWAI‘I COUNTY CHARTER (2010) BY AMENDING ARTICLE VI, CHAPTER 9, BY CREATING A NEW SECTION RELATING TO A GAME MANAGEMENT ADVISORY COMMISSION Creates a Game Management Advisory Commission consisting of nine members who shall be appointed by the Mayor and confirmed by the Council. This Commission shall advise County, State, and Federal agencies on matters relating to the preservation of subsistence hunting and fishing, as well as protecting traditional and cultural gathering rights, and also sets forth other criteria. Re: Comm. 730 Intr. by: Mr. Yagong First Reading: June 6, 2012 Second Rdg.: June 19, 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 REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 767: UNIVERSITY OF HAWAI‘I V. COUNTY OF HAWAI‘I, ET AL., CIVIL NO. 11-1-0095 From Deputy Corporation Counsel Kimberly K. Angay, dated June 14, 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 June 29, 2012. Relay users please call 711(961-8255) to contact our office. Page 9 Hawai‘i County Council-49 July 3, 2012 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. 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: thththththnd Wednesdays, July 11 and 18 at 6 p.m.; Fridays, July 13 and 20 at 12 p.m.; and Sundays, July 15 and 22 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 WEDNESDAY, JULY 18, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A THURSDAY, JULY 19, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A TUESDAY, JULY 31, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, AUGUST 1, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 10