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HomeMy WebLinkAboutAGE COUNCIL 04/20/2011 2010-2012 • os p DOMINIC YAGONG �o� w +,, , �, j , ;;. FRED BLAS BRENDA FORD Chairperson and Presiding Officer '" a °�• • DONALDIKEDA PETE HOFFMANN _ "' _ DENNIS "FRESH" ONISHI Vice Chair K. ANGEL PILAGO f �' "' "•'• � • ...... " " BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 : 13 Session ORDER OF BUSINESS Hawai`i County Council Council Chambers West Hawai`i Civic Center 74 -5044 Ane Keohokalole Highway, Building A Kona, Hawai`i Wednesday, April 20, 2011 9:00 a.m. INVOCATION Reverend Tullos Jones of the Kona Baptist Church 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. Hawaii County Council -13 Page 2 April 20, 2011 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR) APPROVAL OF MINUTES February 2, 2011 COMMUNICATIONS Comm. 170 NOMINATION OF MR. ZENDO KERN TO THE WINDWARD PLANNING COMMISSION From Mayor Billy Kenoi, dated April 5, 2011, requesting the Council's review and favorable confirmation of the above nomination. Waived: PC ORDER OF RESOLUTIONS Res. 46 -11 (Draft 2): AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE OF THREE COPIERS FOR THE HAWAII COUNTY POLICE DEPARTMENT The three copiers will be located at the Police Department's Public Safety Building Machine Room, and their Public Safety Building Records and Kona Patrol locations, and shall be leased for a period of five years at a cost not to exceed $850 per machine. Re: Comm. 129.2 Intr. by: Ms. Ford Approve: FC -37 Res. 47 -11: ACCEPTS THE DEDICATION OF ROAD LOTS A AND B, BEING A PORTION OF TAX MAP KEY: (3)6 -4- 017:040, SITUATE AT PU`UKAPU HOMESTEADS, SECOND SERIES, WAIMEA, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAII, FROM ALAN Z. INABA, GORDON INABA, JASON K. INABA, AND MELVIN K. INABA Accepts the dedication of Road Lots A and B, containing an area of 0.164 and 0.193 acres, respectively (delineated in Exhibit "A "), including all subdivision improvements for roadway and drainage purposes. Re: Comm. 138 Intr. by: Mr. Blas Approve: PWPRC -17 Hawaii County Council -13 Page 3 April 20, 2011 Res. 49 -11: REQUESTS THAT THE MAYOR AUTHORIZE THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TMK: (3)9 -2- 001:075, SITUATED IN KAHUKU, KA`U, ALSO KNOWN AS THE KAHUKU COASTAL The parcel is comprised of 3,127.95 acres and was awarded the fifth highest criteria score by the Public Access, Open Space, and Natural Resources Preservation Commission's list of qualifying lands worthy of preservation dated December 28, 2009. Re: Comm. 140 Intr. by: Ms. Smart Approve: FC -40 ; and Comm. 140.2: From Council Member Brittany Smart, dated April 8, 2011, transmitting a proposed amendment to Resolution 49 -11 relating to the ninth "WHEREAS" clause. Res. 52 -11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A CHOPPER SPOTTER TO THE HAWAII FIRE DEPARTMENT FOR USE TO HANDLE HELICOPTERS ON THE PAVEMENT Donated by the Daniel Sayre Memorial Foundation, this equipment valued at $11,149, will be used to provide a safer means to deploy a helicopter designated as Chopper I from the hanger when personnel are limited. Re: Comm. 147 Intr. by: Ms. Ford (B /R) Approve: FC -41 Res. 53 -11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF EXERCISE EQUIPMENT TO THE DEPARTMENT OF PARKS AND RECREATION FOR USE AT THE PA`AUILO GYM Donated by Mr. Ed Allen, this equipment valued at $1,250, will be used at the Pa`auilo Gym. Re: Comm. 148 Intr. by: Ms. Ford (B /R) Approve: FC -42 Hawaii County Council -13 Page 4 April 20, 2011 Res. 54 -11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION, PURSUANT TO HRS 46 -7, FOR A DISTRACTED DRIVING PROJECT GRANT FOR THE HAWAII COUNTY POLICE DEPARTMENT Executes an agreement with the State of Hawaii Department of Transportation to enable the County to execute the Distracted Driving Project (the goal of this project is to reduce the number of drivers using an electronic mobile device while driving by having additional checkpoints, issuing citations for non - compliance, and by conducing a media campaign and/or by sending educational letters to registered vehicle owners regarding this matter). Re: Comm. 149 Intr. by: Ms. Ford (B /R) Approve: FC -43 Res. 55 -11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE FOR ONE COPIER FOR THE DEPARTMENT OF PARKS AND RECREATION The copier will be located at the Parks and Recreation Department's Kona Coordinated Services for the Elderly and shall be leased for a period of five years at a cost not to exceed $500 per month (plus an amount not to exceed $0.03 for each black and white copy and $0.08 per color copy). Re: Comm. 150 Intr. by: Ms. Ford (B /R) Approve: FC -45 Res. 56 -11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE FOR ONE COPIER FOR THE DEPARTMENT OF HUMAN RESOURCES The copier shall be leased for a period of five years at a cost not to exceed $325 per month (plus $0.0099 for each black and white copy in excess of the monthly print allowance and $0.0790 per color copy). Re: Comm. 151 Intr. by: Ms. Ford (B /R) Approve: FC -46 Hawaii County Council -13 Page 5 April 20, 2011 Res. 63 -11: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO EXECUTE AND SUBMIT THE 2011 ACTION PLAN AND ALL OTHER RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2011 COMMUNTY DEVELOPMENT BLOCK GRANT (CDBG) AND TO THE STATE'S HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION FOR THE HOME INVESTMENT PARTNERHIPS PROGRAMS Adopts the attached 2011 Action Plan, which is a yearly plan that includes the actual projects and activities that will be carried out with the County's 2011 CDBG and HOME funds. The County shall utilize these funds in accordance with program rules and regulations and comply with the program certifications attached to the Action Plan. Re: Comm. 171 Intr. by: Mr. Hoffmann BILLS FOR ORDINANCES (FIRST READING) Bill 32: AMENDS CHAPTER 7 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), RELATING TO CIVIL DEFENSE, DISASTER CONTROL Prohibits unauthorized parking in a disaster and seeks to provide the Police Department with the authority to ticket and/or tow an unauthorized vehicle, in a disaster area, even if the owner is not present. Any person found guilty of violating this section will be subject to a fine not to exceed $35 and the vehicle towed and stored at the owners expense for each separate offense. Re: Comm. 124 Intr. by: Ms. Ford Approve: FC -36 Postponed: April 6, 2011 (Note: There is a pending motion by Ms. Ford and duly seconded by Ms. Smart to approve Bill 32.) ; and Comm. 124.1: From Council Member Brenda J. Ford, dated April 5, 2011, transmitting proposed amendments to Bill 32, relating to Section 7 -12 (Parking in designated area prohibited). Hawaii County Council -13 Page 6 April 20, 2011 Bill 34: AMENDS SECTION 25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM ARICULTURAL — THREE ACRES (A -3a) TO SINGLE - FAMILY RESIDENTIAL — 40,000 SQUARE FEET (RS -40) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2- 4- 070:PORTION 001 Michael and Marcia Frenz, Applicant; approx. 43,560 square feet. Re: Comm. 136 Intr. by: Mr. Hoffmann Approve: PC -15 Bill 35: PLANNING DIRECTOR INITIATED: AMENDS THE PUNA COMMUNITY DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08 -116 AND AMENDED BY ORDINANCE NO. 10 -104, RELATING MASS TRANSIT HELE- ON SERVICE TO THE HILO AND KEAHOLE INTERNATIONAL AIRPORTS Amends Chapter 4, Section 4.2 (Mass Transit), subsection 4.2.3 (Actions) of the Puna Community Development Plan (as amended) by adding a new paragraph (1), which expands the Hele -On transit service to include regular service to both the Hilo and Keahole International Airports from all existing and future routes. Re: Comm. 137 Intr. by: Mr. Hoffmann Approve: PC -16 Bill 36: PLANNING DIRECTOR INITIATED: AMENDS THE PUNA COMMUNITY DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08 -116 AND AMENDED BY ORDINANCE NO. 10 -104, RELATING TO TRANSPORTATION Amends Chapter 4, Section 4.5 (Non- Motorized Travel and Scenic Byways), subsection 4.5.3 (Actions), of the Puna Community Development Plan (as amended), paragraph (f), by deleting the restroom and emergency phone below Seaview before Kehena Beach; and adds the development of at least one scenic turnout near Kehena Beach that includes restroom facilities and an emergency phone. Re: Comm. 137 Intr. by: Mr. Hoffmann Approve: PC -17 Hawaii County Council -13 Page 7 April 20, 2011 Bill 37: PLANNING DIRECTOR INITIATED: AMENDS THE PUNA COMMUNITY DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08 -116 AND AMENDED BY ORDINANCE NO. 10 -104, RELATING TO COMMUNITY PARKS Amends Chapter 3, section 3.5 (Parks and Recreation), subsection 3.5.3 (Actions), of the Puna Community Development Plan (as amended), paragraph (c), by amending the reference to developing community parks in the Hawaiian Acres area. Re: Comm. 137 Intr. by: Mr. Hoffmann Approve: PC -18 Bill 38: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2011 Appropriates revenues in Federal Grants — Distracted Driving Project ($25,278.40) 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 by conducting checkpoints and issuing citations. Re: Comm. 149 Intr. by: Ms. Ford (B /R) Approve: FC -44 Bill 39: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPLEALING ORDINANCE NO. 10 -46 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2011 The significant amendments relate to: Section 3, Rate of Compensation (B), the Office of the County Council amended to the Legislative Branch; Section 7, to be consistent, section 7.01 amended to read Legislative Branch, Office of the County Clerk renumbered to 7.01(a), and the Office of the Legislative Auditor renumbered to 7.01(b); and no adjustments were made to salaries. (This ordinance to take effect on July 1, 2011.) Re: Comm. 152 Intr. by: Ms. Ford (B /R) Approve: FC -47 Hawaii County Council -13 Page 8 April 20, 2011 Bill 47: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in Kaloko Rental Housing Project Neighborhood Stabilization Program (NSP3) ($4,275,000) and appropriates to the following: Kaloko Rental Housing Project ($4,050,000) and Office of Housing and Community Development ($225,000), for a total of $4,275,000. Re: Comm. 172 Intr. by: Mr. Hoffmann Bill 48: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in Federal — 2011 HOME Program ($996,793) and appropriates to the following: Mohouli Heights Senior Neighborhood I — Hawai`i Island Community Development Corporation ($400,000), Tenant Based Rental Assistance — County of Hawaii ($311,793), Hawaiian Paradise Park Mutual Self -Help Project, Phase I — Hawai`i Island Community Development Corporation ($200,000), and Office of Housing and Community Development ($85,000), for a total of $996,793. Re: Comm. 173 Intr. by: Mr. Hoffmann Bill 49: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in Federal — 2011 Block Grant ($2,983,865) and Block Grant Program- Income ($216,285.37), for a total of $3,200,150.37, and appropriates to the following: Kaloko Employment Training Facility ($964,730.37); Residential Emergency Repair Program ($335,000); Yano Hall — Re- Roofing Project ($250,000); Pahoa Fire Station — Fire Truck Acquisition ($600,000); Removal of Architectural Barriers — Americans with Disabilities Act Compliance — Various County Facilities ($700,000); and Administration, Planning and Fair Housing ($350,420), for atotal of $3,200,150.37. Re: Comm. 174 Intr. by: Mr. Hoffmann Hawaii County Council -13 Page 9 April 20, 2011 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 27: AMENDS CHAPTER 4, ARTICLE 4, DIVISION 2, SECTION 4 -25 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NOISY DOG; PROCEDURE FOR ABATEMENT OF NUISANCE The amendments relate to the following: Changes the title of Section 4 -25, deletes reference to the "police department" in item (a), deletes item (b) (relating to the "police department "), and re- numbers remaining item. Re: Comm. 100 Intr. by: Ms. Ford First Reading: April 6, 2011 Bill 31: REPEALS CHAPTER 2, ARTICLE 16, SECTION 2 -96 FROM THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MEAL ALLOWANCE FOR NONOVERNIGHT TRAVEL Eliminates the practice of providing meal allowances for employees who travel beyond the district adjacent to their usual place of work and have working hours that extend across normal meal times (effective on July 1, 2011). Re: Comm. 123 Intr. by: Ms. Ford First Reading: April 6, 2011 Bill 40: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Appropriates revenues in Fund Balance Reserved for Liquor Control General ($18,000) and appropriates same to Public Programs. Funds would be used to help defray expenses and promote attendance at the Project Grad events providing an evening of alcohol /drug free activities for graduating seniors. The Department of Liquor Control supports activities and educational programs to prevent under age drinking. Re: Comm. 153 Intr. by: Ms. Ford First Reading: April 6, 2011 Hawaii County Council -13 Page 10 April 20, 2011 Bill 41: AMENDS ORDINANCE NO. 10 -60, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 Adds Public Works: Construction of Island Wide Water Spigot Facilities — County ($60,000) funds shall be provided from General Obligation Bonds, Capital Projects Fund —Fund Balance and/or Other Sources ($5,500,000). Funds would be used for the County's portion of upgrading, improving, and providing new water spigot facilities in districts of Puna, North Hilo, South Kona, and Ka`u. Re: Comm. 155 Intr. by: Ms. Ford (B /R) First Reading: April 6, 2011 2/3 Vote: Section 10 -6(d), Hawai`i County Charter Bill 311 (Draft 2): AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE (2008 -2010) COUNTY OF HAWAII 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 Principal amount not to exceed $56,000,000. The projects include: Kawaihae Housing Closure ($1,600,000), Kaloko Housing Project ($2,300,000), Pool Drainage Covers ($500,000), Puna Park -New Park Development ($5,500,000), Klkala- Ke6kea New Park Development ($100,000), North Kohala Recreational Facilities Repair and Upgrade ($2,000,000), Banyan Beach Parking Lot ($300,000), Kapi`olam Street Extension ($8,700,000), Puna Makai Alternate Roadway (PMAR) ($500,000), La`aloa Extension ($20,000,000), Energy Efficiency Upgrades (DPW) ($4,000,000), Hawaiian Ocean View Estates Solid Waste Transfer and Recycling Station ($3,000,000), Kalaniana`ole Collector Sewer Phase II ($6,900,000), Waimea Recycle and Transfer Station Garage ($100,000), and Bond Issuance Costs ($500,000), for a total of $56,000,000. Re: Comm. 972 Intr. by: Mr. Hoffmann 1st Reading: November 4, 2010 2nd Reading: November 17, 2010 Postponed: November 30, 2010 (pending public hearing) Public Hearing: April 5, 2011 Held Over April 6, 2011 Pursuant to Council Rule 24(e) (Note: There is a pending motion by Mr. Onishi and duly seconded by Ms. Naeole to approve Bill 311, as amended.) Hawaii County Council -13 Page 11 April 20, 2011 REPORTS FC -38 Recommends the confirmation of Mr. Scott Church to the Tax Board of Review. (Comm. 134) FC -39 Recommends the confirmation of Mr. Michael D'Amico to the Tax Board of (Comm. 134): Review. PWPRC -16 Recommends the reappointment of Mr. Emile W. Wery to the Veterans Advisory (Comm. 133): Commission. REFERRALS FOR EXECUTIVE SESSION Comm. 158: CLAIM AGAINST THE COUNTY OF HAWAI`I/FARMERS INS RE: CLIFFORD ANTONIO From Deputy Corporation Counsel Brooks L. Bancroft, dated March 22, 2011. Postponed: April 6, 2011 and Comm. 158.1: From Deputy Corporation Counsel Brooks Bancroft, dated April 4, 2011, stating that Comm. 158 should not have included the name of "Farmers Insurance "; and Comm. 158.2: From Deputy Corporation Counsel Brooks Bancroft, dated April 4, 2011, submitting a "Claim Against the County of Hawaii /Clifford Antonio." The Council anticipates convening an executive meeting regarding the above matters, pursuant to Section 92- 5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to HRS Section 92 -4 and Rule 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 Hawaii County Council -13 Page 12 April 20, 2011 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 place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961 -8255 byApril 18, 2011. Relay users please call 711(961 -8255) to contact our office. Copies of this agenda and items listed on the agenda are available on the County Council -Clerk web page at http: / /co.hawaii.hi.us/ council /agendas_ and_actions.htm For further information, please call 961 -8255. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS ") §92 -3.5, the Hawaii County Council will be conducting this meeting via videoconference. Council Member(s) will be present at the following location(s): • County Council Room, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401; and • Kona Council Room, West Hawaii Civic Center, 74 -5044 Ane Keohokalole Highway, Building A. Public Attendance via Videoconference is available at the locations(s) above and at the Waimea Council Office at the Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5, 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. Submitting Testimony Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to counciltestimon v a,co.hawaii.hi.us Please submit separate testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: Wednesdays, April 27 and May 4tn at 6 p.m.; Fridays, April 29 and May 6tn at 12 p.m.; and Sundays, May 1s and l P h 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 Hawaii. Please check the current legislative broadcast schedule on the Na Leo `O Hawaii website at http: / /www.naleo.ty /schedule.) UPCOMING MEETINGS COMMITTEES TUESDAY, MAY 3, 2011 TBA WEST HAWAII CIVIC CENTER 74 -5044 Ane Keohokalole Highway Building A COUNCIL WEDNESDAY, MAY 4, 2011 9:00 A.M. WEST HAWAII CIVIC CENTER 74 -5044 Ane Keohokalole Highway Building A