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Home My WebLink AboutAGE COUNCIL 07/19/2012 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 50 Session ORDER OF BUSINESS Hawai‘i County Council West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i Thursday, July 19, 2012 9:00 a.m. Pete Hoffmann INVOCATION Pastor Jason Meechan of Thy Word Ministries CALL TO ORDER 9:07 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-50 July 19, 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) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 152 (Draft 4): 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. 482.9 Intr. by: Ms. Ford Postponed: December 21, 2011 and January 4, 2012 First Reading: January 20, 2012 Second Rdg.: February 1, 2012 Held Over: February 15, 2012 Postponed: March 9, 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 5 AND HELD OVER PURSUANT TO COUNCIL RULE 24(e). (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Blas to approve Bill 152, as amended.) Page 2 Hawai‘i County Council-50 July 19, 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 First Reading: July 3, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Blas – 1. EXCUSED: None. (For informational purposes, Ms. Smart voted “Kānalua” twice.) Page 3 Hawai‘i County Council-50 July 19, 2012 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 First Reading: July 3, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Blas – 1. EXCUSED: None. 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 First Reading: July 3, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Blas – 1. EXCUSED: None. Page 4 Hawai‘i County Council-50 July 19, 2012 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 First Reading: July 3, 2012 POSTPONED TO THE AUGUST 1, 2012 COUNCIL MEETING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Blas – 1. EXCUSED: None. REPORTS Financial Report: Monthly Budget Status Report for the Month Ended May 31, 2102. ACCEPTED: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Blas – 1. EXCUSED: None. FC-230 (Comm. 765): Recommends the confirmation of Mr. Mark Ow as the Director of Information Technology. APPROVED: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Blas – 1. EXCUSED: None. 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. Page 5 Hawai‘i County Council-50 July 19, 2012 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 710.36: RECONSIDERATION OF BILL 256, DRAFT 2, WHICH AMENDS CHAPTER 2, ARTICLE 36, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY RENAMING AND REDEFINING THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM TO THE GEOTHERMAL RELOCATION AND PUBLIC SAFETY PROGRAM From Chairperson Dominic Yagong, dated July 13, 2012, providing notice that he will be considering an override of the Mayor’s disapproval of Bill 256, Draft 2, and will be asking for a motion for the reconsideration of the disapproval. MOTION TO RECONSIDER BILL 256, DRAFT 2: AYES: Council Members Ford, Hoffmann, Pilago, Smart, and Chair Yagong – 5. NOES: Council Members Ikeda, Onishi, and Yoshimoto – 3. ABSENT: Council Member Blas – 1. EXCUSED: None. ; and Comm. 710.37: From Mayor William P. Kenoi, dated July 12, 2012, returning Bill 256, Draft 2. Pursuant to Section 3-12 of the Hawai‘i County Charter, states that he is disapproving this bill for reasons stated in his letter. ; and Bill 256 (Draft 2): AMENDS CHAPTER 2, ARTICLE 36, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY RENAMING AND REDEFINING THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM TO THE GEOTHERMAL RELOCATION AND PUBLIC SAFETY PROGRAM Renames the Geothermal Relocation and Community Benefits Program to the Geothermal Relocation and Public Safety Program, and proposes substantial revisions throughout this measure including the establishment, purchase of properties, creation of geothermal relocation and community benefits fund, public safety funding, expenditures from fund, and relocation expenditures. Re: Comm. 710.31 Intr. by: Mr. Yagong First Reading: June 6, 2012 Second Rdg.: June 19, 2012 POSTPONED TO THE AUGUST 1, 2012 COUNCIL MEETING: AYES: Council Members Ford, Hoffmann, Smart, Pilago, and Chair Yagong – 5. NOES: Council Members Ikeda, Onishi, and Yoshimoto – 3. ABSENT: Council Member Blas – 1. EXCUSED: None. Page 6 Hawai‘i County Council-50 July 19, 2012 Comm. 725.3: RECONSIDERATION OF BILL 257, DRAFT 2, WHICH AMENDS CHAPTER 7, SECTION 7-3, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO EMERGENCY RESPONSE AND EVACUATION PLANS FOR GEOTHERMAL FACILITIES From Chairperson Dominic Yagong, dated July 13, 2012, providing notice that he will be considering an override of the Mayor’s disapproval of Bill 257, Draft 2, and will be asking for a motion for the reconsideration of the disapproval. MOTION TO RECONSIDER BILL 257, DRAFT 2: AYES: Council Members Ford, Hoffmann, Smart, Pilago, and Chair Yagong – 5. NOES: Council Members Ikeda, Onishi, and Yoshimoto – 3. ABSENT: Council Member Blas – 1. EXCUSED: None. ; and Comm. 725.4: From Mayor William P. Kenoi, dated July 12, 2012, returning Bill 257, Draft 2. Pursuant to Section 3-12 of the Hawai‘i County Charter, states that he is disapproving this bill for reasons stated in his letter. ; and Bill 257 (Draft 2): AMENDS CHAPTER 7, SECTION 7-3, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO EMERGENCY RESPONSE AND EVACUATION PLANS FOR GEOTHERMAL FACILITIES States that the Civil Defense Agency’s Deputy Director shall prepare an emergency response and evacuation plan for each geothermal power production facility operating in the County, and sets forth criteria. The plan for any existing geothermal power production facility shall be submitted to the Council for approval by August 1, 2012, and at the request of the Deputy Director, the Council may approve an extension of an additional 90 days for the submission of an emergency response and evacuation plan. Re: Comm. 725.2 Intr. by: Mr. Yagong First Reading: June 6, 2012 Second Rdg.: June 19, 2012 POSTPONED TO THE AUGUST 1, 2012 COUNCIL MEETING: AYES: Council Members Ford, Hoffmann, Smart, Pilago, and Chair Yagong – 5. NOES: Council Members Ikeda, Onishi, and Yoshimoto – 3. ABSENT: Council Member Blas – 1. EXCUSED: None. Page 7 Hawai‘i County Council-50 July 19, 2012 Comm. 734.3: RECONSIDERATION OF BILL 262, DRAFT 2, AMENDS CHAPTER 2, ARTICLE 4, SECTION 2-12.4, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FUND BALANCE From Chairperson Dominic Yagong, dated July 13, 2012, providing notice that he will be considering an override of the Mayor’s disapproval of Bill 262, Draft 2, and will be asking for a motion for the reconsideration of the disapproval. MOTION TO RECONSIDER BILL 262, DRAFT 2: AYES: Council Members Ford, Hoffmann, Smart, Pilago, and Chair Yagong – 5. NOES: Council Members Ikeda, Onishi, and Yoshimoto – 3. ABSENT: Council Member Blas – 1. EXCUSED: None. ; and Comm. 734.4: From Mayor William P. Kenoi, dated July 12, 2012, returning Bill 262, Draft 2. Pursuant to Section 3-12 of the Hawai‘i County Charter, states that he is disapproving this bill for reasons stated in his letter. ; and Bill 262 (Draft 2): AMENDS CHAPTER 2, ARTICLE 4, SECTION 2-12.4, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FUND BALANCE Amends Chapter 2, Article 4, Section 2-12.4 by adding the following language: “(f) At the end of each fiscal year, any fund balance in excess of $5,000,000 shall be applied to the post employment benefits account (GASB-45). This subsection shall not apply in any fiscal year where a payment of at least fifty percent of the actuary’s recommended GASB-45 payment has been appropriated in the County’s operating budget.” Re: Comm. 734.2 Intr. by: Mr. Yagong First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Second Rdg.: June 19, 2012 POSTPONED TO THE AUGUST 1, 2012 COUNCIL MEETING: AYES: Council Members Ford, Hoffmann, Smart, Pilago, and Chair Yagong – 5. NOES: Council Members Ikeda, Onishi, and Yoshimoto – 3. ABSENT: Council Member Blas – 1. EXCUSED: None. ANNOUNCEMENTS ADJOURNMENT 12:15 P.M. Page 8 Hawai‘i County Council-50 July 19, 2012 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 July 17, 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 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. 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: stththrdth Wednesdays, August 1 and 8 at 6 p.m.; Fridays, July 27 and August 3 at 12 p.m.; and Sundays, July 29 and th August 5 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.) Page 9 Hawai‘i County Council-50 July 19, 2012 UPCOMING MEETINGS 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 TUESDAY, AUGUST 14, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, AUGUST 15, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 10