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Home My WebLink AboutAGE COUNCIL 11/21/2012 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 60 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, November 21, 2012 9:00 a.m. INVOCATION Pastor Keith Elliott of Kona Church of God 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-60 November 21, 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. 313-12: DELAYS COUNCIL ACTION ON UPZONING IN THE PĀHOA VILLAGE REGIONAL TOWN CENTER PLANNING AREA UNTIL PHASE I OF THE PĀHOA REGIONAL TOWN CENTER PLAN IS ADOPTED BY ORDINANCE, OR UNTIL JUNE 30, 2013, WHICHEVER SHALL OCCUR FIRST The Pāhoa Regional Town Center Plan Steering Committee and the Puna Community Development Plan Action Committee requested that any new up-zoning in this area be delayed to allow the community through a legitimate, deliberate, and inclusive community-based planning process to define how best to solve existing problems, to allocate space for new growth, and to preserve its historical heritage. Re: Comm. 873 Intr. by: Mr. Blas Approve: PC-68 Postponed: November 9, 2012 REFERRED BACK TO THE DECEMBER 18, 2012 PLANNING COMMITTEE MEETING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Blas – 1. EXCUSED: None. (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Ford to approve Resolution 313-12.) Page 2 Hawai‘i County Council-60 November 21, 2012 Res. 314-12: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I, BOARD OF LAND AND NATURAL RESOURCES, LEGACY LAND CONSERVATION COMMISSION, AND TO ACCEPT FUNDS FOR THE ACQUISITION OF KAHUKU COASTAL PROPERTY, DISTRICT OF KA‘Ū, ISLAND OF HAWAI‘I On September 16, 2011, the County applied for funding by grant in the amount of $621,245 from the State of Hawai‘i, Board of Land and Natural Resources (BLNR), Legacy Land Conservation Commission (LLCC) for acquisition of Kahuku Coastal Property, Tax Map Key parcel (3)9-2-01:75 comprising of 3,127.95 acres. This request was approved by the LLCC on December 14, 2011 and by the BLNR on May 11, 2012. Re: Comm. 890 Intr. by: Ms. Ford (B/R) Approve: FC-271 ADOPTED: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Res. 315-12: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPIER FOR THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Authorizes the Mayor to enter into a five-year lease agreement for one multi-function copier for the Research and Development Department’s Kona office at a cost not to exceed $120 per month, plus an amount not to exceed $0.03 for each copy in excess of the monthly print allowance. Re: Comm. 891 Intr. by: Ms. Ford (B/R) Approve: FC-272 ADOPTED: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Page 3 Hawai‘i County Council-60 November 21, 2012 Res. 319-12: RELATES TO PROPOSALS FOR INCLUSION IN THE 2013 HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PACKAGE Legislative proposals have been submitted by member counties of HSAC for consideration and adoption by the Council by December 6, 2012, for inclusion in the 2013 HSAC Legislative Package relating to the following: Agricultural Product Branding and Country or Region of Origin Labeling, Definition of Indigent and Partially Indigent, Gallonage Tax on Liquor, Food Labeling, Establishing a Mechanism to Monitor the Counties’ Readiness to Conduct an Election and to Intervene if Necessary, Pseudoephedrine, Landowner Liability, Voting, Easing VISA Restrictions for the People’s Republic of China, Preserving the Counties’ Share of the Transient Accommodations Tax, Employer-Union Health Benefits Trust Fund Board of Trustees, Employee’s Retirement System, Electronic Waste Recycling, Traffic Infractions, Energy Resources, Affordable Housing Credits, and Public Land Development Corporation. Re: Comm. 899 Intr. by: Mr. Pilago Waived: GRC AMENDED TO DRAFT 2 AND ADOPTED: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Blas – 1. EXCUSED: None. Res. 323-12: REQUIRE IMMEDIATE PAYMENT FOR LEGAL SERVICES RENDERED IN GOOD FAITH TO THE HAWAI‘I COUNTY COUNCIL Under the authority of the Hawai‘i Revised Statutes (HRS) 103D-203 and Hawai‘i Administrative Rules 3-120, attorneys James Kawachika and Michael Matsukawa were hired to provide legal services to the Hawai‘i County Council. States that it is the policy of the Hawai‘i County Council that payment of all bills shall meet the timely requirements of the HRS, and that bills or invoices shall be paid within 15 days of the adoption of this resolution. Re: Comm. 908 Intr. by: Ms. Ford Waived: FC FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Ford, Hoffmann, Smart, and Chair Yagong – 4. NOES: Council Members Ikeda, Onishi, Pilago, and Yoshimoto – 4. ABSENT: Council Member Blas – 1. EXCUSED: None. Page 4 Hawai‘i County Council-60 November 21, 2012 BILLS FOR ORDINANCES (FIRST READING) 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 Refer: September 19, 2012 (Referred Bill 306, to the Environmental Management Director and Commission for review and comment) FILED DUE TO THE FOLLOWING VOTE: AYES: None. NOES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. ; and Comm. 841.9: From Environmental Management Acting Director Dora Beck, dated October 25, 2012, providing comment and offering a negative recommendation on Bill 306, as written. ; and Comm. 841.10: From Environmental Management Commission Chair Sherman Warner, dated October 29, 2012, providing comment and forwarding a negative recommendation on Bill 306. Page 5 Hawai‘i County Council-60 November 21, 2012 Bill 320: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-280, Schedule 28 (No parking at anytime), subsection (c), South Hilo, by adding a new item: “( ) Waiānuenue Avenue, north (Hāmākua side), from Kaūmana Drive to Rainbow Drive.” The amendment restricts parking to provide adequate sight distance for a driveway that will service a new parking lot adjacent to Gilbert Carvalho Park. Re: Comm. 877 Intr. by: Mr. Blas Approve: PWPRC-127 ST PASSED 1 READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Bill 321: 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 adding a new item: “( ) Ponahawai Street, southeast side, from a point one hundred seventy-six feet northeast of Kīlauea Avenue and extending one hundred two feet in the northeasterly direction.” The amendment creates short-term parking in the area by converting a portion of the existing eight hour parking to two hour parking. Re: Comm. 878 Intr. by: Mr. Blas Approve: PWPRC-128 ST PASSED 1 READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Page 6 Hawai‘i County Council-60 November 21, 2012 Bill 322: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-284.1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-284.1, Schedule 32.1 (8 hour parking areas), subsection (c), South Hilo, by revising an existing item: “9) Ponahawai Street, Puna southeast side, from a point three hundred five feet northeast of Kīlauea Avenue and extending two hundred seventy feet in the northeasterly direction Kamehameha Avenue to Kilauea Avenue.” The amendment creates short-term parking in the area by converting a portion of the existing eight hour parking to two hour parking. Re: Comm. 879 Intr. by: Mr. Blas Approve: PWPRC-129 ST PASSED 1 READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Bill 328: 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 State Grants-Area Plan on Aging ($661,597); and appropriates same to Area Plan on Aging. Funds would be used by the Office of Aging to continue implementation of the Kupuna Care Program home and community-based services. Re: Comm. 889 Intr. by: Ms. Ford (B/R) Approve: FC-270 ST PASSED 1 READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Page 7 Hawai‘i County Council-60 November 21, 2012 Bill 329: 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-Criminal Justice System (CJS) Information Sharing-American Reinvestment and Recovery Act (ARRA) ($35,836); and appropriates same to CJS Information Sharing-ARRA. Funds would be used by the Prosecuting Attorney’s Office’s to streamline workflow and improve efficiency by automating manual entry and redundant processes. Re: Comm. 892 Intr. by: Ms. Ford (B/R) Approve: FC-273 ST PASSED 1 READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Bill 333: AMENDS CHAPTER 2, ARTICLE 44, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE HAWAI‘I COUNTY CULTURAL RESOURCES COMMISSION Amends Chapter 2, Article 44, Section 2-226(b), relating to Commission established; and Section 2-229(j) relating to powers and duties by adding language regarding traditional Native Hawaiian burial practices. Re: Comm. 907 Intr. by: Mr. Yagong Waived: GRC ST PASSED 1 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 8 Hawai‘i County Council-60 November 21, 2012 ORDER OF THE DAY (SECOND OR FINAL READING) Res. 308-12 (Draft 2): PROVIDES FOR THE ACQUISITION OF EASEMENTS IN PRIVATE PROPERTY BY EMINENT DOMAIN, BEING A PORTION OF TAX MAP KEY NUMBERS: (3)2-7-004-118 AND (3)2-7-027-065, SITUATED AT PĀPA‘IKOU, DISTRICT OF SOUTH HILO, TO PROVIDE A PEDESTRIAN PUBLIC ACCESS EASEMENT TO THE BEACH AT PĀPA‘IKOU Authorizes Corporation Counsel to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition, and condemnation of the aforesaid easement over private property, and to negotiate terms of settlement, subject to the approval of the court before which proceedings are prosecuted. Also, authorizes the Director of Finance to initiate any funding mechanisms required for the acquisition of said public access easements. Re: Comm. 853.28 Intr. by: Mr. Yagong First Reading: November 9, 2012 Note: Second of two required readings, Section 101-13, Hawai‘i Revised Statutes ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Hoffmann, Pilago, Smart, and Chair Yagong – 5. NOES: Council Members Ikeda and Yoshimoto – 2. ABSENT: Council Members Blas and Onishi – 2. EXCUSED: None. (For informational purposes, Mr. Yoshimoto voted “Kānalua” and “no”.) Page 9 Hawai‘i County Council-60 November 21, 2012 Bill 266 (Draft 5): 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 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. 745.29 Intr. by: Mr. Hoffmann First Reading: August 1, 2012 Postponed: August 15, 2012 Public Hearing: September 4, 2012 Postponed: September 19, 2012 Held Over: October 17, 2012 (Pursuant to Council Rule 24(e)) Postponed: November 9, 2012 REFERRED BACK TO THE DECEMBER 18, 2012 PLANNING COMMITTEE MEETING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Page 10 Hawai‘i County Council-60 November 21, 2012 Bill 286 (Draft 3): 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. 800.9 Intr. by: Ms. Smart Refer: September 19, 2012 (Referred Bill 286, Draft 2, to the Environmental Management Director and Commission for review and comment) First Reading: November 9, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Bill 309: AMENDS ORDINANCE NO. 02-64 WHICH AMENDED SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – 5 ACRES (A-5a) TO SINGLE FAMILY RESIDENTIAL – TH 20,000 SQUARE FEET (RS-20) AT KALAOA 4, NORTH KONA, HAWAI‘I, COVERED BY TAX MAP KEY 7-3-005:030; Request Time Extension to Condition D, Final Subdivision Approval (Applicant: Ellen Koizumi; Area: 3.13 Acres) From Mayor William P. Kenoi, dated September 5, 2012, transmitting the above bill and enclosures with a favorable recommendation from Leeward Planning Commission Chair Pro Tem Thomas Hickcox. The applicant requests a five-year extension of time citing market conditions. Re: Comm. 856 Intr. by: Mr. Hoffmann First Reading: November 9, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 6. NOES: Council Member Hoffmann – 1. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Page 11 Hawai‘i County Council-60 November 21, 2012 Bill 311: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-287 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-287, Schedule 35 (Passenger loading zones), subsection (c), South Hilo, by deleting an existing item and renumbered as required: “(4) Ka‘iulani Street at: (A) The Crippled Children’s Center.” The amendment converts the infrequently used passenger loading zone to parking. Re: Comm. 860 Intr. by: Mr. Blas First Reading: November 9, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Bill 312: AMENDS CHAPTER 21, ARTICLE 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), RELATING TO SEWER CONNECTION LOAN PROGRAM Amends Section 21-40, loan application, subsection (a), as follows: “Any application for a guaranteed loan must be submitted to a designated bank no more than [sixty] one hundred and twenty calendar days after the date of the notification by the director requiring the owner to connect to the sewer.” Amends Section 21-45, Reserve Fund, subsection (b), as follows: “In the event grant monies are available to finance sewer connection costs, the sewer connection reserve fund may be used to finance connection costs for those lot owners eligible for grant funding and only to the extent that the sewer connection reserve fund can be reimbursed from the grant.” Re: Comm. 861 Intr. by: Mr. Yagong Refer: October 3, 2012 (Referred Bill 312, to the Environmental Management Director and Commission for review and comment) First Reading: November 9, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Page 12 Hawai‘i County Council-60 November 21, 2012 Bill 314: 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: Ponahawai Parking Lot ($450,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($450,000). Funds will be used for the planning and design, engineering, infrastructure improvements, and construction to increase parking capacity in the downtown area. Re: Comm. 869 Intr. by: Mr. Ikeda First Reading: November 9, 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 Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Blas – 1. EXCUSED: None. Bill 315: 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 (g), Puna, by adding a new item and renumbered as required: “( ) Kalapana-Kapoho Beach Road, one hundred fifteen feet northeast of the property line between parcels 1-4-002:006 and 1-4-002:026.” The amendment provides a crosswalk adjacent to the Kua O Ka La Public Charter School. Re: Comm. 871 Intr. by: Mr. Blas First Reading: November 9, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Page 13 Hawai‘i County Council-60 November 21, 2012 Bill 323: 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: Ka‘ū Water Source and Storage Expansion Project ($10,640,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Grants) ($10,640,000). Funds will be used for water infrastructure improvements, which will add a new well source, expand water storage, and replace buried water lines where appropriate. Re: Comm. 881 Intr. by: Ms. Smart First Reading: November 9, 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 Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Blas – 1. EXCUSED: None. Bill 324: 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: South Point Road Water Infrastructure Expansion Project ($9,900,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Grants) ($9,900,000). Funds will be used for water infrastructure improvements to replace and realign an existing water line above Highway 11, add a new well source, expand water storage, and bring a new 6” buried ductile pipe water line and fire hydrants to the area below Highway 11. Re: Comm. 882 Intr. by: Ms. Smart First Reading: November 9, 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 Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Blas – 1. EXCUSED: None. Page 14 Hawai‘i County Council-60 November 21, 2012 Bill 325: 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 AUTHORIZING THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes for issuance and sale, in one or more series, Bonds of the County, in an aggregate principal amount not to exceed $5,100,000 for the purpose of funding all or a portion of the costs (including costs of issuance of the Bonds) of public improvement projects: Transfer Station Retainer Wall Repairs ($5,000,000) and Bond Issuance Costs ($100,000), for a total of $5,100,000. Re: Comm. 884 Intr. by: Ms. Smart First Reading: November 9, 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 326: AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY NAMING THE OFFICIALS’ STAND LOCATED AT HUALANI PARK “RONALD FUTOSHI ‘HARPO’ SAIKI OFFICIALS’ STAND” Recognizes and commemorates in perpetuity the many years of selfless dedication, hard work, community spirit, and aloha that Ronald Futoshi “Harpo” Saiki contributed towards promoting athletics in our Hilo communities. Re: Comm. 887 Intr. by: Mr. Onishi First Reading: November 9, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Page 15 Hawai‘i County Council-60 November 21, 2012 Bill 327: 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: Hokulia Bypass Road-Private ($12,500,000); funds shall be provided from Private Contributions ($12,500,000). Funds will be used for the completion of the Hokulia/Māmalahoa Highway Bypass Road from Kaleiopapa Street to, including the Nāpo‘opo‘o Road/Māmalahoa Highway intersection, and will also include improvements on Haleki‘i Street from the intersection of Haleki‘i Street and Māmalahoa Highway Bypass Road to the Kona Scenic Park. Re: Comm. 888 Intr. by: Ms. Ford (B/R) First Reading: November 9, 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 Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Blas – 1. EXCUSED: None. Bill 330 (Draft 2): AMENDS CHAPTER 24 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mile per hour limit), paragraph (c), South Hilo, by adding an item and renumbered as required: “( ) Waiānuenue Avenue, from Akolea Road to its terminus at the southern terminus of Bridge 25-2.” The amendment reduces the speed limit in a residential area, wherein the road is narrow and winding and there are little or no shoulders on either side of the road. Re: Comm. 893.2 Intr. by: Mr. Ikeda First Reading: November 9, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. Page 16 Hawai‘i County Council-60 November 21, 2012 Bill 331: AMENDS CHAPTER 24 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mile per hour limit), paragraph (c), South Hilo, by adding a new item and renumbered as required: “( ) Pi‘ihonua Road, beginning from its start at the southern terminus of Bridge 25-2, extending to a point approximately .7 mile in the northerly direction.” The amendment reduces the speed limit in a residential area, wherein the road is a narrow, winding, dead-end roadway, with little or no shoulders on either side of the road. Re: Comm. 894 Intr. by: Mr. Ikeda First Reading: November 9, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Blas and Pilago – 2. EXCUSED: None. 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. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 5:30 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 November 19, 2012. Relay users please call 711(961-8255) to contact our office. Page 17 Hawai‘i County Council-60 November 21, 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 Waimea Council Office Public Attendance via Videoconference is available at the locations above; and at the Pāhoa Council Office (Holomua Center, 64-1067 Māmalahoa Highway, Suite 5), the (Pāhoa Marketplace, Hawaiian Ocean View Estates Community Center 15-2660 Pāhoa Village Road, Room 304), and the (92-8924 Leilani Circle), 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. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) to before 12:00 noon on the business day prior to the meeting videotestimony@hawaiicounty.gov . The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, Each video submittal shall be limited to a single or report number), and number of testifiers on the video submittal. agenda item . Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate Allowable video content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). formats are to be internet-based, downloadable, and accessible to this office and the general public; e.g. YouTube being the most commonly known but any, of similar functionality and format we can access and review, is acceptable. Viewing of Meetings on Government Access Television - Channel 55: thththth Wednesdays, December 5 and 12 at 6 p.m.; Fridays, November 30 and December 7 at 12 p.m.; and Sundays, ndth December 2 (to follow the viewing of the Council meeting held on November 9, 2012) and 9 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 18 Hawai‘i County Council-60 November 21, 2012 UPCOMING MEETINGS MONDAY, DECEMBER 3, 2012 COUNCIL (SINE DIE) 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street COUNCIL (NEW) 3:00 P.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, DECEMBER 18, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, DECEMBER 19, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 19