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Home My WebLink AboutDIG First Reading 1-025 2010-2012 (12/21/11)Bills Numbered 136, 142 (Draft 2), 144, 145, 146 (Draft 2), 147, 149, 150 (Draft 2), 151, and 159 I hereby certify that the following Bills passed first reading at the meeting of the Hawai`i County Council on December 21, 2011, by vote as listed below: Bill 136: Amends Section 25 -8 -30 (Na`alehu 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 — 15,000, Square Feet (RS -15) to Village Commercial — 10,000 Square Feet (CV -10) at Kawala, Ka`u, Hawai`i, Covered by Tax Map Key: 9 -5- 025:033 (Applicant: Dr. Kevin Stuef) (Area: 20,637 square feet). If the applicant, successors or assigns develop residential units on the property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall have a maximum combined value of $7,903.35 per multiple family residential unit ($12,316.47 per single family residential unit). AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 8; NOES: Council Member Hoffmann — 1; ABSENT: None; EXCUSED: None. Bill 142 (Draft 2): Amends Article X, Financial Procedures, Section 10 -12, Special Funds, of the Hawai`i County Charter (2010 Edition), Relating to Establishing or Abolishing Special Funds. Special funds may be created or abolished by ordinance as may be necessary for the proper and efficient segregation of fiscal operations of the County. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 144: Amends Chapter 24, Article 10, Division 5 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, to read as follows: "(9) Banyan Drive, east (makai) side, [beginning at] from a point six hundred thirty -five [twenty seven] feet north of Kamehameha Avenue and extending [three hundred thirty four] two hundred fifty feet [in the northerly direction] north of Banyan Way. [(10) Banyan Drive, Hamakua side, from its ]. (11) Banyan Drive, [tea] east (makai) side, from [its intersection with] Kamehameha Avenue [northerly for a distance of four hundred fifteen] and extending four hundred eighty -nine feet in the northerly direction. (12) Banyan Drive, south[east] (golf course) side, [jai] from a point five hundred forty[ -ene] feet east of Lihiwai Street and extending [three] four hundred [ninety nine] two feet in the northeasterly direction. (13) Banyan Drive, west (golf course) side, from a point three hundred seventy -four feet north of Kamehameha Avenue to Kamehameha Avenue [beginning at Kalaniana`ole Street and extending three hundred sixty feet in the northerly direction]. (14) Banyan Drive, west (makai) side, [beginning at] from a point [six] five hundred [ems- ]eight feet [sew] northeast of [Lili`uokalani Park Perimeter Road] Lihiwai Street and extending three hundred ninety -two feet in the southwesterly direction." AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 7; NOES: None; ABSENT: Council Members Blas and Onishi — 2; EXCUSED: None. Bill 145: Amends Chapter 24, Article 10, Division 6 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Loading Zones. Amends Chapter 24, Article 10, Division 6, Section 24- 288(c), to be appropriately numbered and to read as follows: "( ) Banyan Drive, east (makai) side, from a point four hundred twenty -six feet north of Banyan Way and extending seventy one feet in the northerly direction. ( ) Banyan Drive, east (makai) side, from a point six hundred seventy -three feet north of Banyan Way and extending thirty seven feet in the northerly direction." AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 7; NOES: None; ABSENT: Council Members Blas and Onishi — 2; EXCUSED: None. Bill 146 (Draft 2): Amends Chapter 21, Article 5, Section 21 -37 and Section 21 -42 of the Hawai`i County Code 1983 (2005 Edition, as Amended), relating to the Sewer Loan Connection Program. Clearly articulates that the sewer loan connection program is not restricted to residential dwellings, and permits lot owners approved for the County Sewer Connection Loan Program to select their own contractors. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 7; NOES: None; ABSENT: Council Members Blas and Onishi — 2; EXCUSED: None. Bill 147: Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2012. Appropriates revenues in Fund Balance From Previous Year — Reserved ($24,251.48); and appropriates same to Transfer to Capital Projects Fund — Highway. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 7; NOES: None; ABSENT: Council Members Blas and Onishi — 2; EXCUSED: None. Bill 149: Amends Ordinance No. 11 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2011 to June 30, 2012. Adds Public Works: Department of Parks and Recreation (DPR) Addition to and Development of New Park Site at Ali`i Drive ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and /or Other Sources ($500,000). AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 7; NOES: None; ABSENT: Council Members Blas and Onishi — 2; EXCUSED: None. Bill 150 (Draft 2): Amends Ordinance No. 11 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2011 to June 30, 2012. Establishes the program appropriations listed on "Exhibit A" (which is attached to this bill); funds shall be provided from Fuel Tax Increase 96 -98 ($212,894.44), Fuel Tax Increase 98 -00 ($52,572.52), Fuel Tax Increase 02 -04 ($451,227.67), Fuel Tax Increase 04 -06 ($2,173,062.92), Fuel Tax Increase 06 -08 ($2,308,891.93), and Fuel Tax Increase 08 -10 ($2,296,324.35), for a total of $7,494,973.83. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 7; NOES: None; ABSENT: Council Members Blas and Onishi — 2; EXCUSED: None. Bill 151: Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2012. Appropriates revenues in Federal Grants — Hawai`i Teen Outreach Program (HITOP) ($200,000); and appropriates same to HITOP. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 7; NOES: None; ABSENT: Council Members Blas and Onishi — 2; EXCUSED: None. Bill 159: Amends Chapter 21, Article 5, Various Sections of the Hawai`i County Code 1983 (2005 Edition), Relating to Sewer Connection Loan Program. Updates and amends certain sections within Article 5 relating to the following: Insures competitive loan rates, provides applicants with adequate time to complete applications, eliminates the option of the County hiring contractors to work on private hook -ups on private property, removes an unnecessary loan option, manages taxpayer funds responsibly by providing some loan guarantee parameters, meet the requirements of the state grant to assist certain property owners, makes it more consistent with other programs in the County Code, and makes other incidental improvements. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 7; NOES: None; ABSENT: Council Members Blas and Onishi — 2; EXCUSE I • one. - - Jamae K. K. Kawauchi COUNTY CLERK Hawaii County is an Equal Opportunity Provider and Employer (Hawai`i Tribune Herald — December 31, 2011) (West Hawai`i Today — December 31, 2011) AFFIDAVIT OF PUBLICATION State of Hawaii ) ) SS: County of Hawaii ) LEILANI K. R. HIGAKI , being first duly sworn, deposes and says: 1. That she is the BUSINESS MANAGER of HAWAII TRIBUNE - HERALD , a newspaper published in the City of HILO State of Hawaii. 2. That the "Bills Numbered 136, 142 (Draft 2), 144, 145, 146 (Draft 2), 147, 149, 150 (Draft 2), 151, and 159...etc., of which a clipping from the newspaper as published is attached hereto, was pub- lished in said newspaper on the following date(s) December 31, 2011 40879r1 , (etc.). Subscribed and sworn to before me this 5th day of January, 2012 SHARON H. P. OGATA Notary Public, Third Circuit, State of Hawaii My commission expires October 1, 2012 Page(s): 1 Bills Numbered 136, 142 (Draft 2)0,144, 145, 146 (Draft 2), 147, 149, 150 (Draft 2); 1 §1, and 159 I hereby certify that the following Bilis passed first reading at the meeting of the Hawaii County Council on December 21, 2011, by vote as listed below: Bill 136: Amends Section 25 -8 -30 (N9'aehu 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 - 15,000, Square Feet (RS -15) to Village Commercial - 10,000 Square Feet (CV -10) at Kawala, Ka'0, Hawai'i, Covered by Tax Map Key: 9 -5- 025:033 (Applicant: Dr. Kevin Stuef) (Area: 20,637 square feet). If the applicant, successors or assigns develop residential units on the property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall have a maximum combined value of $7,903.35 per multiple family residential unit ($12,316.47 per single family residential unit). AYES: Council Members Bias, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong - 8; NOES: Council Member Hoffmann -1; ABSENT: None; EXCUSED: None. Bill 142 (Draft 2): Amends Article X, Financial Procedures, Section 10 -12, Special Funds, of the Hawaii County Charter (2010 Edition), Relating to Establishing or Abolishing Special Funds. Special funds may be created or abolished by ordinance as may be necessary for the proper and efficient segregation of fiscal operations of the County. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 144: Amends Chapter 24, Article 10, Division 5 of the Hawaii 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, to read as follows: "(9) Banyan Drive, east (makai) side, [beginning -at] from a point six hundred thirty -five [twenty-seven] feet north of Kamehameha Avenue and extending [ ] two hundred fifty feet [in-the northerlydireetion] north of Banyan Way. Drive, [Puna] east (makai) side, from [' ] Kamehameha Avenue [ = - _ ] and extending four hundred eighty -nine feet in the northerly direction. (12) Banyan Drive, south[east] (golf course) side, [beginning-at] from a point five hundred forty[ -one] feet east of Lihiwai Street and extending [three] four hundred [ninety -nine] two feet in the northeasterly direction. (13) Banyan Drive, west (golf course) side, from a point three hundred seventy -four feet north of Kamehameha Avenue to Kamehameha Avenue [ • _' - - ': -]. (14) Banyan Drive, west (makai) side, [beginning-at] from a point [six] five hundred [eighty- ]eight feet [south] northeast of [Uii'uekalani ] Lihiwai Street and extending three hundred ninety -two feet in the southwesterly direction." AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT Council Members Blas and Onishi - 2; EXCUSED: None. Bill 145: Amends Chapter 24, Article 10, Division 6 of the Hawai'i County Code 1983 (2005 Edition, as Amended), Relating to Loading Zones. Alnends Chapter 24, Article 10, Division 6, Section 24- 288(c), to be appropriately numbered and to read as follows: "( 1 Banyan Drive. east (makai) side, from a point four hundred twenty -six feet north of Banyan Way and extending seventy one feet in the northerly direction. ( 1 Banyan Drive. east (makai) side: from a point six hundred seventy - three feet north of Banyan Way and extending thirty seven feet in the northerly direction." AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Bias and Onishi - 2; EXCUSED: None. Bill 146 (Draft 2): Amends Chapter 21, Article 5, Section 21 -37 and Section 21 -42 of the Hawai'i County Code 1983 (2005 Edition, as Amended), relating to the Sewer Loan Connection Program. Clearly articulates that the sewer loan connection program is not restricted to residential dwellings, and permits lot owners approved for the County Sewer Connection Loan Program to select their own contractors. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 147: Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawai'i for the Fiscal Year Ending June 30, 2012. Appropriates revenues in Fund Balance From Previous Year - Reserved ($24,251.48); and appropriates same to Transfer to Capital Projects Fund - Highway. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 149: Amends Ordinance No. 11 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2011 to June 30, 2012. Adds Public Works: Department of Parks and Recreation (DPR) Addition to and Development of New Park Site at Ali'i Drive ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and /or Other Sources ($500,000). AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 150 (Draft 2): Amends Ordinance No. 11 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2011, to June 30, 2012. Establishes the program appropriations listed on "Exhibit A" (which is attached'to this bill); funds shall be provided from Fuel Tax Increase 96 -98 ($212,894.44), Fuel Tax Increase 98 -00 ($52,572.52), Fuel Tax Increase 02 -04 ($451,227.67)„ Fuel Tax Increase 04 -06 ($2,173,062.92), Fuel Tax Increase 06 -08 ($2,308,891.93), and Fuel Tax Increase 08 -10 ($2,296,324.35), for a total of $7,494,973.83. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Bias and Onishi - 2; EXCUSED: None. Bill 151: Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2012. Appropriates revenues in Federal Grants - Hawaii Teen Outreach Program (HITOP) ($200,000); and appropriates same to HITOP. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 159: Amends Chapter 21, Article 5, Various Sections of the Hawaii County Code 1983 (2005 Edition), Relating to Sewer Connection Loan Program. Updates and amends certain sections within Article 5 relating to the following: Insures competitive loan rates, provides applicants with adequate time to complete applications, eliminates the option of the County hiring contractors to work on private hook -ups on private property, removes an unnecessary loan option, manages taxpayer funds responsibly by providing some loan guarantee parameters, meet the requirements of the state grant to assist certain property owners, makes it more consistent with other programs in the County Code, and makes other incidental improvements. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council, Members Blas and Onishi - 2; EXCUSED: None. Jamae K. K. Kawauchi COUNTY CLERK Hawaii County is an Equal Opportunity Provider and Employer (40879r1 Hawaii Tribune Herald: December 31, 2011) AFFIDAVIT OF PUBLICATION State of Hawaii ) ) SS: County of Hawaii ) LEILANI K. R. HIGAKI , being first duly sworn, deposes and says: 1. That she is the BUSINESS MANAGER of HAWAII TRIBUNE - HERALD , a newspaper published in the City of HILO State of Hawaii. 2. Thatthe "Bills Numbered 136, 142 (Draft 2), 144, 145, 146 (Draft 2), 147, 149, 150 (Draft 2), 151, and 159...etc., 11 of which a clipping from the newspaper as published is attached hereto, was pub- lished in said newspaper on the following date(s) December 31, 2011 40879r1 , (etc.). Subscribed and sworn to before me this 5th day of January, 2012 )L_! d. SHARON H. P. OGATA Notary Public, Third Circuit, State of Hawaii My commission expires October is 2012 Page(s): 1 Bills Numbered 136, 142 (Draft 2), 144, 145, 146 (Draft 2), 147, 149, 150 (Draft 2), 151, and 159 I hereby certify that the following Bills passed first reading at the meeting of the Hawai'i County Council on December 21, 2011, by vote as listed below: Bill 136: Amends Section 25 -8 -30 (Na`aehu Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983(2005 Edition), by Changing the District Classification from Single - Family Residential,- 15,000, Square Feet (RS -15) to Village Commercial - 10,000 Square Feet (CV -10) at Kawala, Ka'0, Hawaii, Covered by Tax Map Key: 9 -5- 025:033 (Applicant: Dr. Kevin Stuef) (Area: 20,637 square feet). If the applicant, successors or assigns develop residential units on the property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall have a maximum combined value of $7,903.35 per multiple family residential unit ($12,316.47 per single family residential unit). ‘AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong - 8; NOES: Council Member Hoffmann -1; ABSENT: None; EXCUSED: None. Bill 142 (Draft 2): Amends Article X, Financial Procedures, Section 10 -12, Special Funds, of the Hawaii County Charter (2010 Edition), Relating to Establishing or Abolishing Special Funds. Special funds may be created or abolished by ordinance as may be necessary for the proper and efficient segregation of fiscal operations of the County. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 144: Amends Chapter 24, Article 10, Division 5 of the Hawaii 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, to read as follows: "(9) Banyan Drive, east (makai) side, [beginning -at] from a point six hundred thirty -five [twenty- Seven] feet north of Kamehameha Avenue and extending [ ] two hundred fifty feet rin -the northerly direction] north of Banyan Way. - - (11) Banyan Drive, [Ptina] east (makai) side, from [' i ] Kamehameha Avenue [ _ _ _ , ] and extending four hundred eighty -nine feet in the northerly direction. (12) Banyan Drive, south[east] (golf course) side, [beginning-at] from a point five hundred forty[ -one] feet east of Lihiwai Street and extending [three] foul_hundred [ninety -nine] two feet in the northeasterly direction. (13) Banyan Drive, west (golf course) side, from a point three hundred seventy -four feet north of Kamehameha Avenue to Kamehameha Avenue [: - :' - -' :: :' - - ': - I. (14) Banyan Drive, west (makai) side, [beginning -at] from a point [six] five hundred [eighty - ]eight feet [south] northeast of [UN vekslani n_-,. Teri ete- (load] Lihiwai Street and extending three hundred ninety-two feet in the southwesterly direction." AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and. Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 145: Amends Chapter 24, Article 10, Division 6 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Loading Zones. Amends Chapter 24, Article 10, Division 6, Section 24- 288(c), to be appropriately numbered and to read as follows: "( ) Banyan Drive. east (makai) side, from a point four hundred twenty -six feet north of Banyan Way and extending seventy one feet in the northerly direction. (1 Banyan Drive east (makail side. from a point six hundred seventy - three feet north of Banyan Way and extending thirty seven feet in the northerly direction." AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong ' 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 146 (Draft 2): Amends Chapter 21, Article 5, Section 21 -37 and Section 21 -42 of the Hawaii County Code 1983 (2005 Edition, as Amended), relating to the Sewer Loan Connection Program. Clearly articulates that the sewer loan connection program is not restricted to residential dwellings, and permits lot owners approved for the County Sewer Connection Loan Program to select their own contractors. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 147: Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2012. Appropriates revenues in Fund Balance From Previous Year _ Reserved ($24,251.48); and appropriates same to Transfer to Capital Projects Fund - Highway. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart; Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Bias and Onishi -_2; EXCUSED: None. Bill 149: Amends Ordinance No. 11 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2011 to June 30, 2012. Adds Public Works: Department of Parks and Recreation (DPR) Addition to and Development of New Park Site at Ali'i Drive ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and /or Other Sources ($500,000). AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 150 (Draft 2): Amends Ordinance No. 11 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2011 to June 30, 2012. Establishes the program appropriations listed on "Exhibit A" (which is attached to this bill); funds shall be provided from Fuel Tax Increase 96 -98 ($212,894.44), Fuel Tax Increase 98 -00 ($52,572.52), Fuel Tax Increase 02 -04 ($451,227.67), Fuel Tax Increase 04 -06 ($2,173,062.92), Fuel Tax Increase 06 -08 ($2,308,891.93), and Fuel Tax Increase 08 -10 ($2,296,324.35), for a total of $7,494,973.83. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT:. Council Members Blas and Onishi - 2; EXCUSED: None. Bill 151: Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawai'i for the Fiscal Year Ending June 30, 2012. Appropriates revenues in Federal Grants - Hawai'i Teen Outreach Program (HITOP) ($200,000); and appropriates same to HITOP. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 159: Amends Chapter 21, Article 5, Various Sections of the Hawaii County Code 1983 (2005 Edition), Relating to Sewer Connection Loan Program. Updates and amends certain sections within Article 5 relating to the following: Insures competitive loan rates, provides applicants with adequate time to complete applications, eliminates the option of the hiring contractors to work on private hook -ups on private property. removes an unneces carer 'non nnfinn. mango.. AFFIDAVIT OF PUBLICATION State of Hawaii ) SS: County of Hawaii Verna Lee, being first duly sworn, deposes and says: 1. That she is the Executive Secretary of WEST HAWAII TODAY, a newspaper published in the City of Kailua Kona, State of Hawaii. 2. That "Bills Numbered 136, 142 (Draft 2), 144, 145, 146 (Draft 2), 147, 149, 150 (Draft 2), 1 51 , and 159" of which a clipping from the newspaper is attached hereto, was published in said newspaper on the following date(s) December 31, 2011 (etc.) :` NOTARY `•. Subscribed and sworn to before me = * PUBLIC This day , 2012 = No. a /19 -,,,<S>,;,_ .... . .... ......' \v,', ,..:' Notary Public, Third Circuit, State of Hawaii Is Judy Alices My Commission expires: NOV 1 4 2014 # Page(s): 1 Doc. Date: 0 1t 17V1 I # Pages Nu'r.•r✓ Name: Judy �Alic�ess Third Circuit Description Aitot4V►'I of- paloticArkavi • NOTARY PUM ii; * I IGml.704i-v Date Bills Numbered 138,142 (Draft 2), 144,145, 14$ (Draft 2), 147 ;149,150 (Draft 2), 151, and 19 I hereby certify that the following Dills passed first reading at the meeting of the Hawai`i County Council on December 21, 2011, by vote as listed below: Bill 136: Amends Section 25 -8 -30 (Na'alehu Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single - Family Residential - 15,000, Square Feet (RS -15) to Village Commercial - 10,000 Square Feet (CV -10) at Kawala, Ka`u, Hawai', Covered by Tax Map Key: 9 -5- 025:033 (Applicant: Dr. Kevin Stuef) (Area: 20,637 square feet). If the applicant, successors or assigns develop residential units on the property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall have a maximum combined value of $7,903.35 per multiple family residential unit ($12,316.47 per single family residential unit). AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong - 8; NOES: Council Member Hoffmann -1; ABSENT: None; EXCUSED: None. Bill 142 (Draft 2): Amends Article X, Financial Procedures, Section 10 -12, Special Funds, of the Hawaii County Charter (2010 Edition), Relating to Establishing or Abolishing Special Funds. Special funds may be created or abolished by ordinance as may be necessary for the proper and efficient segregation of fiscal operations of the County. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 144; Amends Chapter 24, Article 10, Division 5 of the Hawaii 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, to read as follows: "(9) Banyan Drive, east (makai) side, [beginning- at] fizim a point six hundred ham' y -five [twenty-seven] feet north of Kamehameha Avenue and extending [ ] two hundred fifty feet [' ] north of Banyan Way.[( -. .. . .,. .. -. ... . fu. tr fact.]. (11) Banyan Drive, [Puna] east (makai) side, from [its - interseetion -with] Kamehameha Avenue [ ] and extending four hundred eighty -nine feet in the northerly direction. (12) Banyan Drive, south[east] (gQjf course) side, [beginning-at] from a point five hundred forty[-ene] feet east of Lihiwai Street and extending [three] four hundred [ninety -nine] two feet in the northeasterly direction. (13) Banyan Drive, west (golf course) side, from a point three hundred seventy - four feet north of Kamehameha Avenue to Kamehameha Avenue ], (14) Banyan Drive, west [end five hundred [eighty- (makai) side, [ -' n:rig at] fron a point eight feet [south] northeast of [ ' ' 1 Lihiwai Street and extending three hundred ninety -two feet in the southwesterly direction." AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and, Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 145: Amends Chapter 24, Article 10, Division 6 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Loading Zones. Amends Chapter 24, Article 10, Division 6, Section 24- 288(c), to be appropriately numbered and to read as follows: "( ) Banyan Drive. east (makai) side. from a point four hundred twenty -six feet north of Banyan Way and extending seventy one feet in the northerly direction. ( ) Banyan Drive. east (makai) side. from a point six hundred seventy -three feet north of Banyan Way and extending thirty seven feet in the northerly direction." AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 146 (Draft 2): Amends Chapter 21, Article 5, Section 21 -37 and Section 21 -42 of the Hawaii County Code 1983 (2005 Edition, as Amended), relating to the Sewer Loan Connection Program. Clearly articulates that the sewer loan connection program is not restricted to residential dwellings, and permits lot owners approved for the County Sewer Connection Loan Program to selectthein" r, 'owii ciin&ractdr AYES: Council Menibers Ford, HbfftnhOrktliteda9ao Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Bias and Onishi - 2; EXCUSED: None. Bill 147: Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2012. Appropriates revenues in Fund Balance From Previous Year - Reserved ($24,251.48); and appropriates same to Transfer to Capital Projects Fund - Highway. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; . ; EXCUSED: None. Bill 149: Amends Ordinance No. 11 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2011 to June 30, 2012. Adds Public Works: Department of Parks and Recreation (DPR) Addition to and Development of New Park Site at Ali`i Drive ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($500,000). AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas andOnishi - 2; EXCUSED: None. Bill 150 (Draft 2): Amends Ordinance No. 11 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2011 to June 30, 2012. Establishes the program appropriations listed on "Exhibit A" (which is attached to this bill); funds shall be provided from Fuel Tax Increase 96-98 ($212,894.44), Fuel Tax Increase 98-00 ($52,572.52), Fuel Tax Increase 02 -04 "($451,227.67), Fuel Tax Increase 04 -06 ($2,173,062.92), Fuel Tax Increase 06 -08 ($2,308,891.93), and Fuel Tax Increase 08 -10 ($2,296,324.35), for a total of $7,494,973.83. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong -7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 151: Amends Ordinance No. 11 -59, as Amended, the Operating Budget for the County of Hawai'i for the Fiscal Year Ending June 30, 2012. Appropriates revenues in Federal Grants - Hawai'i Teen Outreach Program (HITOP) ($200,000); and appropriates same to HITOP. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Bill 159: Amends Chapter 21, Article 5, Various Sections of the Hawaii County Code 1983 (2005 Edition), Relating to Sewer Connection Loan Program. Updates and amends certain sections within Article 5 relating to the following: Insures competitive loan rates, provides applicants with adequate time to complete applications, eliminates the option of the Cdunty hiring contractors to work on private hook -ups on private property, removes an unnecessary loan option, manages taxpayer funds responsibly by providing some loan guarantee parameters, meet the requirements of the state grant to assist certain property owners, makes it more I consistent with other programs in the County Code, and makes other incidental improvements. AYES: Council Members Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong - 7; NOES: None; ABSENT: Council Members Blas and Onishi - 2; EXCUSED: None. Jamae K. K. Kawauchi COUNTY CLERK Hawai`i County is an Equal Opportunity Provider and Employer (No.53375 -West Hawaii Today: Decmeber 31, 2011)