HomeMy WebLinkAboutAGE COUNCIL 09/19/2012 2010-2012DOMINIC YAGONG
Chairperson and Presiding Officer
K. ANGEL PILAGO
Vice - Chairperson
55th Session
INVOCATION
CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNTY COUNCIL
County of Hawai`i
Hawai i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
ORDER OF BUSINESS
Hawai`i County Council
West Hawai`i Civic Center
74 -5044 Ane Keohokalole Highway, Building A
Kailua -Kona, Hawai`i
Wednesday, September 19, 2012
9:00 a.m.
Pastor Jason Meechan of Thy Word Ministries
FRED BLAS
BRENDA FORD
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
BRITTANY SMART
J YOSHIMOTO
jj
(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-55 September 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
Res. 283-12: ACCEPTS THE DEDICATION OF ROAD LOT A AND ROAD LOT B A PORTION
OF TAX MAP KEY: (3)2-9-004:104 AND 105, SITUATE AT KAIWIKI, DISTRICT
OF SOUTH HILO, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I,
FROM WAYNE CHUNG WEI LAU AND GERI NAOMI SONEDA
Wayne Chung Wei Lau and Geri Naomi Soneda are desirous of dedicating Road Lot A
and Road Lot B, including all subdivision improvements, to the County of Hawai‘i for
public road and drainage purposes (portions containing an area of 0.0007 acre and 0.142
acre, respectively). The improvements have been inspected and approved by the
Department of Public Works, and have received dedication approval from the
Departments of Water Supply, Planning, and Environmental Management.
Re: Comm. 792
Intr. by: Mr. Blas
Approve: PWPRC-119
Res. 285-12: AUTHORIZES THE RECEIPT AND EXPENDITURE OF STATE FUNDING
APPROPRIATED BY THE STATE LEGISLATURE PURSUANT TO ACT 106,
SESSION LAWS OF HAWAI‘I, 2012, FOR HAWAI‘I COUNTY’S JUSTICE
REINVESTMENT INITIATIVE PROGRAM
Funds would be used by the Prosecuting Attorney’s Office for the Justice Reinvestment
Initiative program to enhance victim notification, restitution collection, and victim safety
planning.
Re: Comm. 796
Intr. by: Ms. Ford (B/R)
Approve: FC-244
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Hawai‘i County Council-55 September 19, 2012
Res. 293-12: ACCEPTS THE DEDICATION OF MAKANA ALOHA PLACE A PORTION OF TAX
MAP KEY: (3)6-8-026:135, KA LANI ESTATES SUBDIVISION, SITUATE AT
WAIKOLOA, DISTRICT OF SOUTH KOHALA, ISLAND, COUNTY AND STATE
OF HAWAI‘I, FROM DANIEL BRENTS BOLTON
Daniel Brents Bolton is desirous of dedicating the roadway lot, including all subdivision
improvements, to the County of Hawai‘i for public road and drainage purposes
(containing an area of 1.571 acres). The improvements have been inspected and
approved by the Department of Public Works, and have received dedication approval
from the Departments of Water Supply, Planning, and Environmental Management.
Re: Comm. 811
Intr. by: Mr. Blas
Approve: PWPRC-120
Res. 294-12: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TWO DELL PRINTERS
TO THE OFFICE OF THE PROSECUTING ATTORNEY
Donated by Dell of Hawai‘i, these printers were donated as part of Dell of Hawai‘i’s
program to have businesses evaluate their equipment, and will be used in the
Prosecutor’s office in Hilo and Kona, with a total value of $2,909.98.
Re: Comm. 813
Intr. by: Ms. Ford (B/R)
Approve: FC-247
Res. 295-12: AUTHORIZES THE ABANDONMENT OF A PORTION OF THAT CERTAIN
DRAINAGE DITCH RIGHT-OF-WAY, TAX MAP KEY: (3)4-4-008:064 (POR.),
SITUATED AT KALŌPĀ HOMESTEADS, IN THE DISTRICT OF HĀMĀKUA,
COUNTY AND STATE OF HAWAI‘I, SALE OF A PORTION OF SAID
RIGHT-OF-WAY TO ANNE OLSON, AND ACQUISITION AND ACCEPTANCE OF
NON-EXCLUSIVE DRAINAGE EASEMENT AND ACCESS EASEMENT
The County of Hawai‘i owns the drainage ditch right-of-way identified as
TMK: (3)4-4-008:064, which crosses over TMK: (3)4-4-008:019, owned by
Anne Olson, and TMK: (3)4-4-008:018, owned by Lloyd and Julia Soehren. Authorizes
the Finance Director or the Director of Public Works to dispose of that portion of the
drainage ditch right-of-way, as depicted on Exhibit “A,” by sale to the landowner of
TMK: (3)4-4-008:019, without recourse to public auction, subject to the following:
1) Anne Olson to sell to the County a 15-feet wide non-exclusive drainage easement
(approximately 0.143 acre) as depicted on Exhibit “A” as “D-1,” and a 15-feet wide non-
exclusive access easement (approximately 0.026 acre) as depicted on Exhibit “A” as
“E-1”; and 2) buyer to consolidate the remnant TMK: (3)4-4-008:064 (por.) with her
property within one year.
Re: Comm. 814
Intr. by: Ms. Ford (B/R)
Approve: FC-248
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Hawai‘i County Council-55 September 19, 2012
Res. 297-12 (Draft 2): URGES HAWAI‘I ELECTRIC LIGHT COMPANY (HELCO) TO RENEGOTIATE ITS
PURCHASE POWER AGREEMENT CONTRACTS WITH ALL INDEPENDENT
POWER PRODUCERS USING RENEWABLE RESOURCES SO THAT THE COST TO
THE CONSUMER IS NOT BASED ON AVOIDED COSTS
Urges HELCO to renegotiate its Purchase Power Agreement contracts with all
independent power producers using renewable resources so that pricing is not based on
avoided costs to ensure that the residents of Hawai‘i County receive increased savings on
their electric bills. Further states that HELCO shall appear before the Council at its
meeting scheduled on October 17, 2012, to report the results of their efforts to
renegotiate its Purchase Power Agreements with all independent renewable energy
producers.
Re: Comm. 822.3
Intr. by: Mr. Yoshimoto
Approve: AWESC-4
Res. 301-12: APPROVES AND ADOPTS A CORRECTED MAP OF THE SPECIAL
IMPROVEMENTS TO BE CONSTRUCTED OR IMPROVED, TOGETHER WITH
FINAL DETAILS, AND PLANS AND SPECIFICATIONS FOR A WATER
DELIVERY SYSTEM FOR THE KONA OCEAN VIEW PROPERTIES
SUBDIVISION
On August 3, 2011, the Council adopted Resolution No. 99-11 which is a resolution of
determination to create and define a water system improvement district for the Kona
Ocean View Properties Subdivision. Resolution No. 99-11 directs the Manager of the
Department of Water Supply to prepare a corrected map showing the exact location of
the improvements referenced as the “Kona Ocean View Properties Water System
Improvements” (Exhibit A) as well as with the final details, plans, and specifications for
the work to readily permit and encourage competition between contractors in the calling
of bids and awarding of a contract for the special improvements referenced as Job No.
1008-934, “Invitation for Bids” (Exhibit B). Upon approval by the Council, “Exhibit A”
and “Exhibit B” shall be used as the basis for the calling of bids and awarding of a
contract for the work as provided in Resolution No. 99-11.
Re: Comm. 840
Intr. by: Mr. Pilago
Waived: PWPRC
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Hawai‘i County Council-55 September 19, 2012
BILLS FOR ORDINANCES (FIRST READING)
Bill 178: 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 MULTIPLE-FAMILY
RESIDENTIAL – 3,000 SQUARE FEET (RM-3) AT WAIĀKEA, SOUTH HILO,
HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-038:017
(Applicant: Thomas Winegar and Susan Furchgott; Area: 42,660 square feet)
From Mayor William P. Kenoi, dated January 19, 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 Single-Family
Residential – 10,000 square feet (RS-10) to Multiple-Family Residential – 3,000 square
feet (RM-3) to allow the construction of a 14-unit apartment complex to provide housing
for students attending the University of Hawai‘i at Hilo.
Re: Comm. 555
Intr. by: Mr. Hoffmann
Approve: PC-64
Bill 281: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4 OF THE HAWAI‘I COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CROSSWALKS
Amends Chapter 24, Article 10, Division 4, Section 24-276, Schedule 24 (Crosswalks),
subsection (f), by adding a new item and renumbered as required: “( ) Ali‘i Drive,
adjacent to parcel 7-5-019:044 and the property line between parcels 7-5-019:003
and 7-5-021:039.” The amendment was generated due to a request to mark a crosswalk
in an area where there is high pedestrian activity
Re: Comm. 781
Intr. by: Mr. Blas
Approve: PWPRC-118
Bill 284: 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 Justice Reinvestment Initiative ($303,177); and appropriates
same to Justice Reinvestment Initiative.
Re: Comm. 796
Intr. by: Ms. Ford (B/R)
Approve: FC-245
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Hawai‘i County Council-55 September 19, 2012
Bill 285: 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 Public Works: Manono Street Improvements – Federal ($500,000); funds shall be
provided from Federal Grants Receivable ($500,000). Funds would be used to widen and
improve Manono Street from Lanikāula Street to Kekūanaō‘a Street to enhance traffic,
pedestrian, ADA, and bicycle circulation, and to improve drainage in the area.
Re: Comm. 798
Intr. by: Ms. Ford (B/R)
Approve: FC-246
Note: Requires 2/3 vote of the entire membership to
amend, pursuant to Section 10-6(e), Hawai‘i
County Charter
Bill 286 (Draft 2): AMENDS CHAPTER 20, ARTICLE 3 OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION, AS AMENDED), RELATING TO DISPOSAL OF COMMERCIAL
COOKING OIL WASTE AND COMMERCIAL FATS, OILS, AND GREASES
Proposes the following amendments to Chapter 20, article 3: amends section 20-31, by
amending the definition of “prohibited materials” and adds the definitions “commercial
cooking oil waste” and “commercial FOG waste”; and amends section 20-40, relating to
explosives, radioactive wastes, and other prohibited materials.
Re: Comm. 800.2
Intr. by: Ms. Smart
Approve: EMC-10
Bill 287 (Draft 2): AMENDS CHAPTER 2, ARTICLE 25 OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION, AS AMENDED), RELATING TO APPROPRIATION OF FUNDS TO
NONPROFIT ORGANIZATIONS
Establishes standards for the appropriation of funds to nonprofit organizations providing
programs and services which the County has determined to be in the public’s interest,
and proposes the following amendments: Amends article 25, section 2-136(7) by deleting
the definition of “Purchase of service” and any reference throughout this article; amends
section 2-137(3) relating to Eligible organizations; amends section 2-138 relating to
Conditions for grants; amends section 2-139 relating to Procedure for awarding grants;
deletes section 2-140 relating to Procedure for awarding purchase of service agreements;
amends section 2-142 relating to Records, reporting, and fiscal accountability
requirements; amends section 2-142.1 relating to Rules; and deletes section 2-142.2
relating to Interim procedures for awarding grants and service agreements.
Re: Comm. 801.3
Intr. by: Ms. Smart
Approve: HSSPSC-11
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Hawai‘i County Council-55 September 19, 2012
Bill 288: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4 OF THE HAWAI‘I COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CROSSWALKS
Amends Chapter 24, Article 10, Section 24-276, Schedule 24 (Crosswalks), subsection
(f), by adding a new item and renumbered as required: “( ) Ali‘i Drive, adjacent to
parcels 7-7-08:20 and 7-7-08:22.” The amendment provides a crosswalk in a high
pedestrian area.
Re: Comm. 812
Intr. by: Mr. Blas
Approve: PWPRC-121
Bill 289: 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 Office of the Mayor: Classroom Building #1: Hawai‘i County, State of Hawai‘i,
University of Hawai‘i, and Private Partnership ($4,000,000); funds shall be provided
from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Sources
(Private Grants) ($4,000,000). Funds would be used for planning, studies, design, and
survey for a classroom building for the University of Hawai‘i – West Hawai‘i campus.
Re: Comm. 815
Intr. by: Ms. Ford (B/R)
Approve: FC-249
Bill 290: 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 Department of Public Works: Kinue Road/Greenwell Park Flooding – ($200,000);
funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund
Balance and/or other Sources ($200,000). Funds would be used for the analysis of
private roadways above Yano Hall-Greenwell Park.
Re: Comm. 816
Intr. by: Ms. Ford (B/R)
Approve: FC-250
Note: Requires 2/3 vote of the entire membership to
amend, pursuant to Section 10-6(e), Hawai‘i
County Charter
Page 7
Hawai‘i County Council-55 September 19, 2012
Bill 306: AMENDS CHAPTER 20, ARTICLE 4, SECTION 20-46 OF THE HAWAI‘I COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ESTABLISHMENT
OF A “PAY AS YOU THROW” PROGRAM AT ALL COUNTY LANDFILLS AND
SOLID WASTE TRANSFER STATIONS
Establishes a “Pay as You Throw” program for refuse that is legally deposited at a
County landfill or solid waste transfer station. All currently established fees and
requirements remains in place, with the addition of requiring that any person depositing
any amount of refuse at a County landfill or solid waste transfer station shall pay the
existing landfill disposal rate, as provided in Section 20-49, Hawai‘i County Code 1983
(2005 Edition, as amended).
Re: Comm. 841
Intr. by: Ms. Smart
Waived: EMC
ORDER OF THE DAY (SECOND OR FINAL READING)
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
Postponed: August 15, 2012
Public Hearing: September 4, 2012
(Note: There is a pending motion by Mr. Hoffmann and duly seconded by Ms. Ford
to approve Bill 266, as amended.)
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Hawai‘i County Council-55 September 19, 2012
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)
First Reading: September 6, 2012
REPORTS
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
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 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.
Page 9
Hawai‘i County Council-55 September 19, 2012
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:
th
Wednesdays, September 26 (to follow the viewing of the September 6, 2012 Council meeting at 6 p.m.) and
rdththth
October 3 at 6 p.m.; Fridays, September 28 and October 5 at 12 p.m.; and Sundays, September 30 and
th
October 7 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
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
TUESDAY, OCTOBER 16, 2012
COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
WEDNESDAY, OCTOBER 17, 2012
COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
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