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Home My WebLink AboutAGE COUNCIL 10/17/2012 2010-2012 DOMINIC YAGONG ��'`•�� "'!r,,,,. FRED BLAS Chairperson and Presiding Officer -^ ��,g� '. BRENDA FORD •i � ?!;,,'/, :•- PETE HOFFMANN K.ANGEL PILAGO -"'_ DONALD IKEDA erson Vice-Chair +r "••��`. DENNIS"FRESH"ONISHI •Vice-Chairperson oF•M►'M. BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai'196720 (---) r:a (D 58th Session 'C) ORDER OF BUSINESS N •o r� Hawai`i County Council West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai`i Wednesday, October 17, 2012 9:00 a.m. INVOCATION Pastor Koa Texeira of Solid Rock Ministries CALL TO ORDER 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-58 October 17, 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 Comm. 880: PRESENTATION BY HELCO ON EFFORTS TO RENEGOTIATE PURCHASE POWER AGREEMENTS WITH INDEPENDENT RENEWABLE ENERGY POWER PRODUCERS, PURSUANT TO RESOLUTION 297-12, DRAFT 2 From Council Chair Dominic Yagong, dated October 11, 2012, requesting that HELCO representatives come before the Council to discuss efforts to renegotiate purchase power agreements with renewable power producers. Specifically, if Puna Geothermal Venture (PGV) was amenable to lowering the price rates and if so, the amount of the new rate. ORDER OF RESOLUTIONS Res. 302-12: URGES THE HAWAI‘I STATE LEGISLATURE TO ENACT LEGISLATION TO ESTABLISH SUSTAINABLE LIVING RESEARCH SITES ON PARCELS LESS THAN 15 ACRES THAT ARE DESIGNATED “AGRICULTURAL” UNDER STATE LAW IN HAWAI‘I Urges the State Legislature to enact legislation to establish Sustainable Living Research Sites on parcels less than 15 acres that are designated “agricultural” under State law in Hawai‘i. States a “Sustainable Living Research Site” is an area of land on which the legal owners and/or occupants are permitted to engage in activities and erect structures that might otherwise be prohibited or unduly constrained by State and/or County law. Re: Comm. 842 Intr. by: Mr. Yagong Approve: PWPRC-124 Res. 304-12: AUTHORIZES THE CHAIRPERSON OF THE HAWAI‘I COUNTY COUNCIL TO TAKE ALL NECESSARY ACTION TO ENROLL THE COUNTY INTO THE NATIONAL ASSOCIATION OF COUNTIES’ (NACo) DENTAL DISCOUNT CARD PROGRAM (DDCP) Authorizes the Chairperson of the County Council to take all necessary steps to enroll the County into the NACo DDCP. The DDCP individual participants will pay a $6.95 monthly fee or a $59 annual fee (family rate is $8.95 per month or a $69 annual fee) for access to participating providers who have agreed to give services at discounted rates. Re: Comm. 846 Intr. by: Ms. Smart Approve: GRC-21 Page 2 Hawai‘i County Council-58 October 17, 2012 Res. 305-12: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $4,500 TO THE HAWAI‘I COUNTY POLICE DEPARTMENT TO ASSIST WITH AN ONGOING JOINT STATE/FEDERAL NARCOTICS INVESTIGATION Donated by Western States Information Network, the funds would be used to assist with expenses, which includes equipment, rental vehicles used for covert operations, and buys/surveillance expenditures. Re: Comm. 848 Intr. by: Ms. Ford (B/R) Approve: FC-263 Res. 309-12: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE DIGITAL MULTI-FUNCTION COPIER FOR THE FINANCE DEPARTMENT Authorizes the Mayor to inter into a five-year lease agreement for one digital multi- function copier for the Finance Department’s Purchasing office in Hilo. Re: Comm. 854 Intr. by: Ms. Ford (B/R) Approve: FC-265 Res. 310-12: AUTHORIZES THE ACCEPTANCE OF A DONATION OF THREE WINCHESTER- WESTERN SELF-LOADING SKEET TRAPS FROM THE STATE OF HAWAI‘I D EPARTMENT OF LAND AND NATURAL RESOURCES Donated by the State of Hawai‘i Department of Land and Natural Resources, the Winchester-Western self-loading skeet traps will be used at the County of Hawai‘i’s Trap and Skeet Range (total estimated value of $5,115). Re: Comm. 855 Intr. by: Ms. Ford (B/R) Approve: FC-266 BILLS FOR ORDINANCES (FIRST READING) Bill 308: 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: Waiānuenue Avenue Pedestrian Walkway/Sidewalk and Drainage ($600,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($600,000). Currently, there are no sidewalks on this street. Construction of a walkway/sidewalk will provide improved road conditions, alleviate drainage overflow, and provide safe pedestrian access and possible bicycle travel. Re: Comm. 851 Intr. by: Mr. Ikeda Approve: FC-264 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 3 Hawai‘i County Council-58 October 17, 2012 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 255 (Draft 3): AMENDS ORDINANCE NO. 08-150 WHICH AMENDED ORDINANCE NO. 465, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 1 ACRE (A-1a) TO NEIGHBORHOOD COMMERCIAL – 7,500 SQUARE FEET (CN-7.5) AT KEALAKEKUA, SOUTH KONA, HAWAI‛I, COVERED BY TAX MAP KEY: 8-2-013:PORTION OF 002 Proposes to amend the following sections of Ordinance No. 08-150: Amends Section 1 to include the tax map key number, Conditions E and F relating to a visitor center and farmers’ market and sets forth criteria, and Condition M to include the ordinance number and increases the fair share contributions. Re: Comm. 706.5 Intr. by: Ms. Ford First Reading: October 3, 2012 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 Postponed: September 19. 2012 (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Ms. Ford to approve Bill 266, as amended.) ; and Comm. 745.19: From Council Member Brenda J. Ford, dated September 19, 2012, transmitting proposed amendments to Bill 266, Draft 3, which are contained in this communication. Page 4 Hawai‘i County Council-58 October 17, 2012 Bill 292: AMENDS CHAPTER 14, GENERAL WELFARE, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO GEOTHERMAL DRILLING Adds a new article, “Geothermal Drilling”, as follows: “Definitions. For the purposes of this article, the following words and phrases, unless the context otherwise requires, shall be defined as indicated: ‘residence’ means a building or a part thereof permitted and designed for or used for a home.”; and “‘one mile’ means the measurement made from the well bore, in a straight line, without regard to intervening structures or objects, to the property line of the nearest residence.”; and “Restrictions. Geothermal resources exploration drilling and geothermal production drilling operations being conducted one mile or less from a residence, shall be restricted to the operating hours of 7:00 a.m. – 7:00 p.m.” Re: Comm. 825 Intr. by: Mr. Yagong First Reading: October 3, 2012 Bill 294 (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 Adds Department of Public Works: Ocean View Business District Water Infrastructure Improvements ($5,760,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Grants) ($5,760,000). Funds would be used for the Ocean View Business District Water Infrastructure Improvements, which will bring a buried 12-inch ductile pipe water line to the business district located along Highway 11. Re: Comm. 827.2 Intr. by: Ms. Smart First Reading: October 3, 2012 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 296 (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 Adds Department of Public Works: Green Sands Subdivision Water Infrastructure Improvements ($1,545,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Grants) ($1,545,000). Funds would be used for the Green Sands Subdivision Water Infrastructure Improvements, which will bring a buried six-inch ductile pipe water line to the subdivision boundary and relocate the water meters closer to the residential properties, located along Ka‘alu‘alu Road from Highway 11. Re: Comm. 828.2 Intr. by: Ms. Smart First Reading: October 3, 2012 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 5 Hawai‘i County Council-58 October 17, 2012 Bill 297: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Hawai‘i County Police Department (HCPD) Data Grant ($40,020); and appropriates same to HCPD Data Grant. Funds would be used by the Police Department to purchase a Motor Vehicle Accident Reports (MVAR) Data Export Function Server which will enable them to transfer the MVAR to the Hawai‘i Information Consortium. Re: Comm. 829 Intr. by: Ms. Ford (B/R) First Reading: October 3, 2012 Bill 298: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Traffic Investigation Program ($10,280); and appropriates same to Hawai‘i County Police Department (HCPD) Traffic Investigation Program. Funds would be used by the Police Department to increase the number of officers trained in traffic crash reconstruction and other traffic crash-related courses. Re: Comm. 830 Intr. by: Ms. Ford (B/R) First Reading: October 3, 2012 Bill 299: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Distracted Driving Project ($12,417); and appropriates same to Distracted Driving Project. Funds would be used by the Police Department to reduce the number of drivers using an electronic mobile device while operating a motor vehicle and to increase the number of electronic mobile device citations. Re: Comm. 831 Intr. by: Ms. Ford (B/R) First Reading: October 3, 2012 Bill 300: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Aggressive Driving Project ($11,112); and appropriates same to Aggressive Driving Project. Funds would be used by the Police Department to purchase Speed Detection Radar Units. Re: Comm. 832 Intr. by: Ms. Ford (B/R) First Reading: October 3, 2012 Page 6 Hawai‘i County Council-58 October 17, 2012 Bill 301: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Roadblock Grant ($11,925); and appropriates same to Hawai‘i County Police Department (HCPD) Roadblock Program. Funds would be used by the Police Department to increase the number of enforcement roadblocks during all national mobilization efforts. Re: Comm. 833 Intr. by: Ms. Ford (B/R) First Reading: October 3, 2012 Bill 302: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Hawai‘i County Police Department (HCPD) Clickit or Ticket ($3,435); and appropriates same to HCPD Clickit or Ticket. Funds would be used by the Police Department to finance the expanding of two volleyball tournaments (officials, scorekeepers, a net, and volleyballs). Re: Comm. 834 Intr. by: Ms. Ford (B/R) First Reading: October 3, 2012 Bill 303: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Young Driver Driving Under the Influence (DUI) Deter Grant ($22,956); and appropriates same to Young Driver DUI Deter. Re: Comm. 835 Intr. by: Ms. Ford (B/R) First Reading: October 3, 2012 Bill 304: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-288, Schedule 36 (Freight loading zones), subsection (c), South Hilo, by revising an existing item: “[(20)](19) Ponahawai Street, [Pu‘u‘eo] northwest side, [mauka] from a point nineteen feet southwest of Punahoa Street, [thirty-five feet] and extending thirty two feet in the southwesterly direction.” Re: Comm. 837 Intr. by: Mr. Blas First Reading: October 3, 2012 Page 7 Hawai‘i County Council-58 October 17, 2012 Bill 305: AMENDS CHAPTER 9, ARTICLE 5, DIVISION 1, SECTION 9-33 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PLANS AND SPECIFICATIONS REQUIREMENTS The proposed amendments amends Section 9-33 relating to Plans and specifications requirements; deviations, subsection (b), by deleting the existing language and adds new language relating to the requirements for the installation of photovoltaic systems. Re: Comm. 838 Intr. by: Mr. Yoshimoto First Reading: October 3, 2012 Bill 307 (Draft 2): AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS PUBLIC IMPROVEMENT PROJECTS; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the Issuance of General Obligation Bonds of the County of Hawai‘i for the Purpose of Funding All or a Portion of the Costs of Various Public Improvement Projects; Fixing the Form, Denominations, and Certain Other Details of Such Bonds and Providing for Their Sale to the Public; and Authorizes the Taking of Other Actions Relating to the Issuance and Sale of the Bonds. Authorizes the issuance and sale, in one or more series, Bonds of the County, in an aggregate principal amount not to exceed $30,376,220, for the purpose of funding all or a portion of the costs (including costs of issuance of the Bonds) of the public improvement project authorized and set forth as follows: New South Kona Police Station ($16,500,000); Public Safety Complex – Repainting ($125,000); Police Records Section Receiving Counter Renovation ($55,000); Nā‘ālehu Police Station Repairs ($75,000); Parking Facilities, Amenities and Related Improvements in Downtown Hilo ($150,000); Upper Waiānuenue Avenue Road Safety Improvements ($400,000); Downtown Hilo Accessibility & Mobility Improvements ($200,000); DPR Repairs and Improvements to Facilities ($4,000,000); Repair Hilo Outfall ($1,000,000); Kīlauea Avenue Improvements ($4,016,000); Kamehameha Hwy Reconstruction, Wailoa Bridge to Ponahawai Street ($3,240,000); and Bond Issuance Costs ($615,220), for a total of $30,376,220. Re: Comm. 844.14 Intr. by: Ms. Ford First Reading: October 3, 2012 REPORTS REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawai‘i Revised Statutes, 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 8 Hawai‘i County Council-58 October 17, 2012 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 October 15, 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: ndstthnd Monday, October 22 and Wednesday, October 31 at 6 p.m.; Fridays, October 26 and November 2 at thth 12 p.m.; and Sundays, October 28 and November 4 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/tv-schedules/channel-52/.) Page 9 Hawai‘i County Council-58 October 17, 2012 UPCOMING MEETINGS THURSDAY, NOVEMBER 8, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street FRIDAY, NOVEMBER 9, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, NOVEMBER 20, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, NOVEMBER 21, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 10