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Home My WebLink AboutAGE COUNCIL 09/06/2012 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 54 Session ORDER OF BUSINESS Hawai‘i County Council 25 Aupuni Street Hilo, Hawai‘i Thursday, September 6, 2012 9:00 a.m. INVOCATION Reverend Jeffrey Soga of Honpa Hongwanji Hilo Betsuin CALL TO ORDER 9:05 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-54 September 6, 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. 284-12: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A SUPPLEMENTAL AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM, HAWAI‘I HOUSING FINANCE AND DEVELOPMENT CORPORATION, PURSUANT TO HRS 46-7, FOR THE CONSTRUCTION OF THE NA KAHUA HALE O ULU WINI PROJECT, FORMERLY KNOWN AS THE KALOKO RENTAL HOUSING PROJECT Funds would be used by the Office of Housing and Community Development for the construction of one additional affordable rental unit for the Na Kahua Hale O Ulu Wini project. Re: Comm. 795 Intr. by: Ms. Ford (B/R) Waived: FC ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. ; and Comm. 795.1: From Finance Committee Chair Brenda J. Ford, dated August 15, 2012, requesting Resolution 284-12 be waived from the Finance Committee to the full Council for immediate action. Page 2 Hawai‘i County Council-54 September 6, 2012 Res. 286-12: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH THE PROPERTY OWNER OF THE PROJECT SELECTED FOR THE SECTION 8 PROJECT BASED CERTIFICATION PROGRAM The purpose of the Section 8 Project-Based Voucher Program is to encourage property owners to make available housing units to low-income families that are not within the current housing fair market rents. The Office of Housing and Community Development would like to assist 79 units in the County of Hawai‘i under the funding available for this purpose, which include the following projects: Na Kahua Hale O Ulu Wini located in Kailua-Kona (39 vouchers), E Komo Mai located in Hilo (11 vouchers), and the proposed Kamakana Senior Residences located in Kailua-Kona (29 vouchers). Re: Comm. 797 Intr. by: Ms. Ford (B/R) Waived: FC ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. ; and Comm. 797.1: From Finance Committee Chair Brenda J. Ford, dated August 15, 2012, requesting Resolution 286-12 be waived from the Finance Committee to the full Council for immediate action. Res. 296-12: REQUESTS THE HAWAI‘I STATE ASSOCIATION OF COUNTIES INCLUDE IN ITS 2013 LEGISLATIVE PACKAGE A PROPOSAL THAT REQUIRES NOTIFICATION TO CONSUMERS THAT A FOOD PRODUCT OR A RAW AGRICULTURAL COMMODITY CONTAINS OR WAS PRODUCED WITH GENETICALLY ENGINEERED MATERIAL Proposes a State bill (Exhibit A) relating to the labeling of genetically engineered material for inclusion in HSAC’s 2013 Legislative Package, which sets forth definitions and criteria. Re: Comm. 818 Intr. by: Mr. Hoffmann Waived: GRC ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 3 Hawai‘i County Council-54 September 6, 2012 Res. 298-12: REQUESTS THAT THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) INCLUDE IN ITS 2013 LEGISLATIVE PACKAGE A PROPOSAL URGING THE STATE OF HAWAI‘I CHIEF ELECTION OFFICER AND ELECTIONS COMMISSION TO ESTABLISH A MECHANISM TO MONITOR THE COUNTIES READINESS TO CONDUCT AN ELECTION AND TO INTERVENE IF NECESSARY Proposes a Concurrent House Resolution (Exhibit A) urging the State of Hawai‘i Chief Election Officer and Elections Commission to establish a mechanism to monitor the counties readiness to conduct an election and to intervene if necessary. Re: Comm. 823 Intr. by: Mr. Pilago Waived: GRC ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. (For informational purposes, Ms. Ford voted “Kānalua” twice.) BILLS FOR ORDINANCES (FIRST READING) Bill 283: 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 – Neighborhood Stabilization Program (NSP) ($400,000); and appropriates same to NSP – Na Kahua Hale O Ulu Wini Project. Re: Comm. 795 Intr. by: Ms. Ford (B/R) Waived: FC ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. ; and Comm. 795.1: From Finance Committee Chair Brenda J. Ford, dated August 15, 2012, requesting Bill 283 be waived from the Finance Committee to the full Council for immediate action. Page 4 Hawai‘i County Council-54 September 6, 2012 ORDER OF THE DAY (SECOND OR FINAL READING) 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 First Reading: August 15, 2012 ND AMENDED TO DRAFT 2 AND PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ikeda, Onishi, Pilago, Yoshimoto, and Chair Yagong – 6. NOES: Council Members Ford, Hoffmann, and Smart – 3. ABSENT: None. EXCUSED: None. 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) First Reading: August 15, 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 5 Hawai‘i County Council-54 September 6, 2012 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) First Reading: August 15, 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. REPORTS Financial Report: Preliminary Monthly Budget Status Report for the Month Ended June 30, 2012, from the Department of Finance. ACCEPTED: 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 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 1:05 P.M. Page 6 Hawai‘i County Council-54 September 6, 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 September 4, 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  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5 Public Attendance via Videoconference is available at the locations above and at the Kona Council Office (West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A) 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 Hilo and Waimea 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: thththst Wednesdays, September 19 and 26 at 6 p.m.; Fridays, September 14 and September 21 at 12 p.m.; and thrd Sundays, September 16 and 23at 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 7 Hawai‘i County Council-54 September 6, 2012 UPCOMING MEETINGS 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 TUESDAY, OCTOBER 2, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, OCTOBER 3, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 8