HomeMy WebLinkAboutAGE COUNCIL 08/15/2012 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
nd
52 Session
ORDER OF BUSINESS
Hawai‘i County Council
West Hawai‘i Civic Center
74-5044 Ane Keohokālole Highway, Building A
Kailua-Kona, Hawai‘i
Wednesday, August 15, 2012
9:00 a.m.
INVOCATION Reverend Tullos Jones of Kona Baptist Church
CALL TO ORDER 9:02 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-52 August 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
ORDER OF RESOLUTIONS
Res. 278-12: AUTHORIZES THE DIRECTOR OF FINANCE TO COMPROMISE REAL
PROPERTY TAXES OWED BY THE ARC OF HILO ON A PARCEL IDENTIFIED
AS TAX MAP KEY: (3)1-6-146-031
Pursuant to Hawai‘i County Code, Section 19-3(12), authorizes the Finance Director to
compromise and refund the sum of $14,678.65, being the amount of taxes paid between
August 1, 2009 and November 29, 2011 on the parcel described above, less the minimum
tax of $200 that would be due if the exemption were properly filed. The Arc of Hilo, a
nonprofit organization serving the greater East Hawai‘i area, was unaware that a required
separate tax exemption application had to be filed to qualify for a tax-exempt status.
Re: Comm. 784
Intr. by: Mr. Ikeda
Approve: FC-242
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Pilago, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 2
Hawai‘i County Council-52 August 15, 2012
Res. 287-12: A RESOLUTION TO THE HAWAI‘I STATE ASSOCIATION OF COUNTIES
(HSAC) URGING IT TO INCLUDE AS PART OF ITS 2013 LEGISLATIVE
PACKAGE A REQUEST TO REVISE AND CLARIFY AGRICULTURAL PRODUCT
BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING, AS
PROVIDED IN CHAPTER 486 OF THE HAWAI‘I REVISED STATUTES
The Council adopted Resolution No. 158-11 on October 5, 2011, which urged HSAC to
include as part of its 2012 Legislative Package, a request to revise and clarify
Agricultural Product Branding and Country or Region of Origin labeling as provided in
Chapter 486, Hawai‘i Revised Statutes (HRS). Requests HSAC to include in its 2013
Legislative Package, a draft bill to amend Chapter 486, HRS (Exhibit A), and attaches
the Justification Sheet for this action (Exhibit B).
Re: Comm. 804
Intr. by: Ms. Ford
Waived: GRC
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Pilago, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Res. 288-12: REQUESTS THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) TO
INCLUDE IN ITS 2013 LEGISLATIVE PACKAGE AN AMENDMENT TO THE
HAWAI‘I REVISED STATUTES, SECTION 802-4, BY AMENDING THE
DEFINITION OF “INDIGENCY” AND “PARTIAL INDIGENCY” FOR CRIMINAL
DEFENDANTS AND ESTABLISHES CRITERIA TO CLEARLY DELINEATE
CIRCUMSTANCES IN WHICH COURT-APPOINTED COUNSEL IS NECESSARY
The Council adopted Resolution No. 168-11 on October 5, 2011, requesting HSAC to
include in its 2012 Legislative Package, an amendment to the Hawai‘i Revised Statutes
(HRS), Section 802-4, to amend the definitions of “Indigency” and “Partial Indigency”
for criminal defendants, and to establish criteria to delineate circumstances in which
court-appointed counsel is necessary. Requests HSAC to include in its 2013 Legislative
Package, a draft bill to amend Section 802-4, HRS (Exhibit A) and attaches the
Justification Sheet for this action (Exhibit B).
Re: Comm. 805
Intr. by: Ms. Ford
Waived: GRC
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Pilago, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Page 3
Hawai‘i County Council-52 August 15, 2012
Res. 289-12: REQUESTS THAT THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC)
SUBMIT WITH ITS 2013 LEGISLATIVE PACKAGE TO THE STATE
LEGISLATURE AN AMENDMENT TO CHAPTER 244D, SECTION 244D-4,
HAWAI‘I REVISED STATUTES, RELATING TO INCREASING THE GALLONAGE
TAX ON LIQUOR
The Council adopted Resolution No. 157-11 on October 5, 2011, requesting HSAC to
submit with its 2012 Legislative Package, an amendment to Chapter 244D, Section
244D-4, Hawai‘i Revised Statutes (HRS), relating to increasing the Gallonage Tax on
Liquor. Requests HSAC to include in its 2013 Legislative Package a draft bill to amend
Chapter 244D, Section 244D-4, HRS (Exhibit A), and attaches the Justification Sheet for
this action (Exhibit B). Includes language relating to revenues received from this tax
increase and that it be placed into a special fund.)
Re: Comm. 806
Intr. by: Ms. Ford
Waived: GRC
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Pilago, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Onishi – 1.
EXCUSED: None.
Res. 290-12: APPOINTS A NEW HAWAI‘I COUNTY COUNCIL ALTERNATE
REPRESENTATIVE TO SERVE ON THE HAWAI‘I STATE ASSOCIATION OF
COUNTIES (HSAC) EXECUTIVE COMMITTEE
Appoints Council Member Dennis “Fresh” Onishi as an alternate representative to serve
on the HSAC Executive Committee replacing Council Member Smart whose term
expires on December 3, 2012.
Re: Comm. 807
Intr. by: Mr. Pilago
Waived: GRC
WITHDRAWN BY INTRODUCER
Page 4
Hawai‘i County Council-52 August 15, 2012
Res. 291-12: REQUESTS THAT THE PUBLIC ACCESS, OPEN SPACE AND NATURAL
RESOURCES PRESERVATION COMMISSION IDENTIFY THE COASTAL LANDS
OF ‘O‘OMA II, IN THE DISTRICT OF NORTH KONA, COUNTY OF HAWAI‘I, AS
NUMBER ONE ON THE PRIORITIZED LIST OF QUALIFYING LANDS WORTHY
OF PRESERVATION
The Council unanimously adopted Resolution No. 276-12 on August 1, 2012, which
requested the Mayor to authorize the director of finance to enter into negotiations for the
acquisition of Tax Map Key Numbers (3)7-3-009:004 and (3)7-3-009:22, known as the
coastal lands of ‘O‘oma II. Prioritizing the property as number one will not interfere
with the purchase of properties that are currently in negotiations for purchase by the
Public Access, Open Space and Natural Resources Preservation Commission, and the
Mayor has indicated to the community that he would immediately open negotiations with
the owner, if it is designated number one on the island-wide prioritized list of qualifying
lands worthy of preservation.
Re: Comm. 808
Intr. by: Mr. Pilago
Waived: FC
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Pilago, Smart, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Res. 292-12: DIRECTS THE CLERK OF THE COUNTY OF HAWAI‘I TO TAKE NECESSARY
ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY
ORDINANCE NO. 12-110 ON THE 2012 GENERAL ELECTION BALLOT
Ordinance No. 12-110 proposes an amendment to the Hawai‘i County Charter to create a
Game Management Advisory 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. 12-110 on the 2012 General Election ballot for approval by
the voters of the County.
Re: Comm. 809
Intr. by: Mr. Yagong
Waived: HSSPSC
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Pilago, Smart, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Page 5
Hawai‘i County Council-52 August 15, 2012
BILLS FOR ORDINANCES (FIRST READING)
Bill 156: 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: 2-2-048:010, 120, 121, 122, 123 (Applicant: Sonomura Rentals; Area: 14.729
acres)
From Mayor William P. Kenoi, dated November 23, 2011, transmitting the above bill
and enclosures with an unfavorable 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 consolidate the six
properties to resubdivide into 12 family agricultural lots.
Re: Comm. 492
Intr. by: Mr. Hoffmann
Negative: PC-62 (due to a vote of 2-ayes and 7-noes)
FILED DUE TO THE FOLLOWING VOTE:
AYES: Chair Yagong – 1.
NOES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Pilago, Smart, and Yoshimoto – 8.
ABSENT: None.
EXCUSED: None.
Bill 168: AMENDS SECTION 25-8-23 (MOUNTAIN VIEW 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 - 10,000 SQUARE FEET (CV-20) AT ‘ŌLA‘A, PUNA, HAWAI‘I,
COVERED BY TAX MAP KEY: 1-8-002:064 (Applicant: Donny Souza and
Melissa Mulliken; Area: 13,785 square feet)
From Mayor William P. Kenoi, dated December 21, 2011, 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 Single-Family
Residential – 10,000 square feet (RS-10) to Village Commercial – 10,000 square feet
(CV-10) to establish an approximately 1,800-square foot automobile repair shop with on-
site parking.
Re: Comm. 526
Intr. by: Mr. Hoffmann
Approve: PC-63
ST
PASSED 1 READING:
AYES: Council Members Blas, Ikeda, Onishi,
Yoshimoto, and Chair Yagong – 5.
NOES: Council Members Ford, Hoffmann, Pilago, and Smart – 4.
ABSENT: None.
EXCUSED: None.
Page 6
Hawai‘i County Council-52 August 15, 2012
Bill 280: AMENDS ORDINANCE NO. 11-81, WHICH AUTHORIZES THE MAYOR TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER
POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC
IMPROVEMENT PROJECTS AND AUTHORIZES THE ISSUANCE OF GENERAL
OBLIGATION BONDS FOR THE PURPOSE OF FINANCING QUALIFIED
WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I
Amends Ordinance No. 11-81 to solely reflect the change in the monetary amount of
$9,200,000 to $9,822,000 indicated in the ordinance title and Section 1, and in Exhibit A
which has been replaced with a new exhibit labeled as Exhibit A, Draft 2 (Kalaniana‘ole
Interceptor Sewer Rehabilitation Phase II [$8,000,000] ($8,622,000), and Kula‘imano
and Pāpa‘ikou Dewatering ($1,200,000), for a total of $9,822,000).
Re: Comm. 780
Intr. by: Ms. Ford (B/R)
Approve: FC-240
ST
PASSED 1 READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Pilago, Smart, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Bill 282: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2012 TO JUNE 30, 2013
Adds Environmental Management: Kalaniana‘ole Interceptor Sewer Rehabilitation
Phase II – State Revolving Funds (SRF) ($622,000); funds shall be provided from SRF
($622,000). The Kalaniana‘ole Interceptor Sewer Rehabilitation Phase II project
involves the rehabilitation of the existing Kalaniana‘ole Avenue Interceptor from Kea‘a
Street to Baker Avenue due to severe deterioration from sewer gases. A construction
contract has been awarded for this project with a Notice to Proceed date of
June 25, 2012.
Re: Comm. 782
Intr. by: Ms. Ford (B/R)
Approve: FC-241
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, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Page 7
Hawai‘i County Council-52 August 15, 2012
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 265: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-260 OF THE
HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
SPEED LIMITS
Amends Chapter 24, Article 10, Division 1, Section 24-260, Schedule 8 (45 mile per
hour limit), subsection (g), Puna, by deleting item 3: “[(3) Route 132, from the Pohoiki
Road Junction to Route 137.]” The amendment removes an inapplicable item from the
Hawai‘i County Code. This specific section of Route 132 (Pāhoa-Kapoho Road) is
currently signed as a 55 mph speed limit road.
Re: Comm. 744
Intr. by: Mr. Blas
First Reading: August 1, 2012
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Pilago, Smart, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Bill 266 (Draft 3): PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25 (ZONING CODE) OF
THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING
TO AGRICULTURAL TOURISM
From Mayor William P. Kenoi, dated May 25, 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. The
amendments specifically relate to agricultural tourism: Amends article 1, subsection
25-1-5(b) by amending the definition of “Agricultural tourism” and adds new definitions;
amends article 2, division 7, section 25-2-71 relating to Applicability, plan approval
required; amends article 2, division 7, section 25-2-75 relating to Plan approval
application requirements for major agricultural tourism; amends article 2, division 7,
section 25-2-76 relating to Action on plan approval application; and amends article 4,
division 1, section 25-4-15 relating to Agricultural tourism.
Re: Comm. 745.8
Intr. by: Mr. Hoffmann
First Reading: August 1, 2012
PUBLIC HEARING TO BE HELD AT 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.
Page 8
Hawai‘i County Council-52 August 15, 2012
Bill 268: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2, SECTION 24-264 OF THE
HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
MOVING VEHICLES
Amends Chapter 24, Article 10, Division 2, Section 24-264, Schedule 12 (Stop
intersections), subsection (c), by adding a new item and renumbered as required:
“( ) East Puainako Street/Ohuohu Street intersection, all approaches.” The amendment,
based on the East Maka‘ala Mixed Use Development Traffic Impact Analysis Report,
recommended that the subject intersection be converted to an all-way stop when the
traffic volumes warrant it.
Re: Comm. 755
Intr. by: Mr. Blas
First Reading: August 1, 2012
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Pilago, Smart, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Bill 269: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255 OF THE
HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
SPEED LIMITS
Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mile per
hour limit), subsection (g)(29), Puna, by revising an existing item 29 and adds a new item
and renumbered as required: “(29) South Kūlani Road, from Volcano Road to the
property line between parcels 1-8-086:026 and 1-8-086:027.”; and “( ) South Kūlani
Road, from a point three hundred feet northwest of bridge 18-1 to its southeastern
terminus.” These amendments revise the speed limits along South Kūlani Road.
Re: Comm. 756
Intr. by: Mr. Blas
First Reading: August 1, 2012
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Pilago, Smart, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Page 9
Hawai‘i County Council-52 August 15, 2012
Bill 270: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-257 OF THE
HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
SPEED LIMITS
Amends Chapter 24, Article 10, Division 1, Section 24-257, Schedule 5 (35 mile per
hour limit), subsection (g), Puna, by adding a new item and renumbered as required:
“( ) South Kūlani Road, from the property line between parcels 1-8-086:026 and
1-8-086:027 and extending three hundred feet northwest of bridge 18-1.” The
amendment revises the speed limits along South Kūlani Road.
Re: Comm. 757
Intr. by: Mr. Blas
First Reading: August 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 271: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-281 OF THE
HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
PARKING
Amends Chapter 24, Article 10, Division 5, Section 24-281, Schedule 29 (Parking
prohibited during certain hours on certain streets), subsection (c), South Hilo, by deleting
item 18 and renumbered as required: “[(18) Mohouli Street, on the Puna side, those
three metered stalls mauka of Kīlauea Avenue between 7:00 a.m. and 8:00 a.m. on school
days.]” The amendment improves the flow of traffic through the Mohouli Street/Kīlauea
Avenue intersection.
Re: Comm. 758
Intr. by: Mr. Blas
First Reading: August 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 10
Hawai‘i County Council-52 August 15, 2012
Bill 272: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-284 OF THE
HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
PARKING
Amends Chapter 24, Article 10, Division 5, Section 24-284, Schedule 32 (Two hour
parking areas), subsection (c), South Hilo, by deleting item 22 and renumbered as
required: “[(22) Mohouli Street, Puna side, the last three parking stalls approaching
Kīlauea Avenue.]” The amendment improves the flow of traffic through the Mohouli
Street/Kīlauea Avenue intersection.
Re: Comm. 759
Intr. by: Mr. Blas
First Reading: August 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 273: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280 OF THE
HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
FREIGHT LOADING ZONES
Amends Chapter 24, Article 10, Division 5, Section 24-280, Schedule 28 (No parking at
anytime), subsection (c), South Hilo, by deleting items 6 and 8 and renumbered as
required and revises existing items 5, 10, and 11: “[(6) Aupuni Street, northeast side,
from a point one thousand one hundred twenty feet northwest of Kīlauea Avenue and
extending two hundred sixty-seven feet in the northwesterly direction.]”; “[(8) Aupuni
Street, southeast side, from a point six hundred sixty-two feet northeast of Kīlauea
Avenue and extending two hundred forty-five feet in the northwesterly direction.]”;
“(5) Aupuni Street, northwest side, from a point one thousand one hundred [seventy-
eight]sixty-three feet southeast of Pauahi Street to Kīlauea Avenue.”; “[(10)](8) Aupuni
Street, southwest side, from a point three hundred [one]forty-one feet southeast of Pauahi
Street and extending two hundred [eighty-two]eighteen feet in the southeasterly
direction.”; and “[(11)](9) Aupuni Street, southwest side, from a point seven hundred
[seven]fifty-one feet southeast of Pauahi Street and extending [four hundred thirty-
five]three hundred seventy-six feet in the southeasterly direction.” These amendments
address the adjustments to the no parking at any time zones that were made in an effort to
increase parking along Aupuni Street.
Re: Comm. 760
Intr. by: Mr. Blas
First Reading: August 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 11
Hawai‘i County Council-52 August 15, 2012
Bill 274: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 3, SECTION 24-275 OF THE
HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
BUS STOPS AND PUBLIC ROAD TAXI STANDS
Amends Chapter 24, Article 10, Division 3, Section 24-275, Schedule 23 (Bus stop
locations), subsection (c), by adding a new item and renumbered as required:
“( ) Aupuni Street, southwest side, from a point seven hundred seven feet southeast of
Pauahi Street and extending forty four feet in the southeasterly direction.” The
amendment updates the Hawai‘i County Code to match existing conditions.
Re: Comm. 761
Intr. by: Mr. Blas
First Reading: August 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 275: 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 GENERAL
COMMERCIAL – 20,000 SQUARE FEET (CG-20) AT WAIĀKEA, SOUTH HILO,
HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-024:005 (Applicant: Hawai‘i Island
Board of Realtors; Area: 20,160 square feet)
From Mayor William P. Kenoi, dated June 20, 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 General Commercial – 20,000 square feet
(CG-20) in order to use the existing dwelling as an office for ongoing operations of the
Hawai‘i Board of Realtors.
Re: Comm. 768
Intr. by: Mr. Hoffmann
First Reading: August 1, 2012
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Blas, Ford, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: Council Member Hoffmann – 1.
ABSENT: None.
EXCUSED: None.
Page 12
Hawai‘i County Council-52 August 15, 2012
Bill 276: PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25, ARTICLE 2,
ARTICLE 4 AND ARTICLE 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005
EDITION, AS AMENDED), RELATING TO BED AND BREAKFAST
ESTABLISHMENTS
From Mayor William P. Kenoi, dated June 22, 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. The
amendments specifically relate to bed and breakfast establishments: Amends article 2,
division 6, section 25-2-61(a) by adding zoning districts; amends article 2, division 7,
section 25-2-71(c) by deleting “(1)” and renumbers the remaining items; amends
article 2, division 7, section 25-2-76 relating to Action on plan approval applications, by
deleting “(b)” and renumbers the remaining items; amends article 4, division 1, section
25-4-7(a) by adding CDH district; amends article 5, division 5, section 25-2-52(d) and
article 5, division 6, section 25-5-62(d) and article 5, division 7, section 25-5-72(d) by
adding a new “(1) Bed and breakfast establishments, as permitted under section 25-4-7”
and renumbers the remaining items.
Re: Comm. 769
Intr. by: Mr. Hoffmann
First Reading: August 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 277: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING
JUNE 30, 2013
Appropriates revenues in Federal Grants – Spine Boards (12,802.74); and appropriates
same to Fire Grants – Spine Boards – Federal.
Re: Comm. 771
Intr. by: Ms. Ford
First Reading: August 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.
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Hawai‘i County Council-52 August 15, 2012
Bill 278: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET
FOR THE COUNTY OF HAWAI‘I FORE THE FISCAL YEAR ENDING
JUNE 30, 2013
Appropriates revenues in State Grants – Department of Health – Tobacco Sting ($8,000);
and appropriates same to Department of Health – Tobacco Sting.
Re: Comm. 772
Intr. by: Ms. Ford
First Reading: August 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 279 (Draft 2): AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2012 TO JUNE 30, 2013
Establishes the following program appropriations: Roadway Projects (Engineering)
($1,650,000); Bridge Inspection, Repair, and Replacement Program (Engineering)
($1,500,000); Americans with Disabilities Act Curb Cut and Accessible Route Program
(Engineering) ($200,000); and Local Road Improvements (Highways) ($3,350,000), for a
total amount of $6,700,000; funds shall be provided from that portion of the Highway
Fund which is designated as the Fuel Tax Increase Account No. 3104.06, and which
consists of the increase fuel tax revenues created pursuant to Resolution No. 504-08.
Allotments from these program appropriations shall be made to be specific projects listed
on “Exhibit A” which is attached to this resolution.
Re: Comm. 774.2
Intr. by: Ms. Ford (B/R)
First Reading: August 1, 2012
Note: Requires 2/3 vote of the entire membership to
amend, pursuant to Section 10-6(e), Hawai‘i
County Charter
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.
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Hawai‘i County Council-52 August 15, 2012
REPORTS
FC-243 (Comm. 779): Donated by Mr. Diego M. Tebaldi of Global Government Regulatory Affairs,
recommends the acceptance of one ASUS 27” LCD monitor (valued at $280), which will
be utilized by the Office of the Prosecuting Attorney in a conference room.
APPROVED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
PC-61 (Comm. 777): Recommends the confirmation of Mr. Adam Broderson (Council District 8) to the Kailua
Village Design Commission.
APPROVED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
REFERRALS FOR EXECUTIVE SESSION
Comm. 803: DOI V. AOKI, ET. AL. CIVIL NO. 10-00639 LEK/RLP
From Deputy Corporation Counsel Laureen L. Martin, dated July 24, 2012.
WITHDRAWN VIA COMMUNICATION 803.1
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 2:40 P.M.
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 August 13, 2012. Relay users please call 711(961-8255) to contact our
office.
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Hawai‘i County Council-52 August 15, 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 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:
nd ththstth
Wednesdays, August 22and 29 at 6 p.m.; Fridays, August 24 and 31 at 12 p.m.; and Sundays, August 26
nd
and September 2 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, SEPTEMBER 5, 2012
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
THURSDAY, SEPTEMBER 6, 2012
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
TUESDAY, SEPTEMBER 18, 2012
COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
WEDNESDAY, SEPTEMBER 19, 2012
COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
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