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HomeMy WebLinkAboutAGE COUNCIL 09/21/2005 2004-2006 STACY K. HIGA ~<r w why JAMES Y. ARAKAKI Iv PETE HOFFMANN Choir' & Presiding Officer' ~ FRED C. HOLSCHUH, M.D. VIRGINIA ISBELL ; DONALD IKEDA Vice ('heir ' •'yr` BOB JACOBSON K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL county of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 21" Session ORDER OF BUSINESS Hawaii County Counml Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Wednesday, September 21, 2005 9:00 a.m. INVOCATION Pastor Monty Stewart of Kona Church of the Nazarene CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES July 7, 2005 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council-21 Page 2 September 21, 2005 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 149-OS Requests the State Department of Transportation to Expedite a Study to Determine (Draft 2): Needed Safety Improvements to the Kea`au-Pahoa Road (State Highway 130) Between Kea`au and Pahoa and Requests the County Department of Public Works to Initiate a Study to Determine Needed Safety Improvements to the Pahoa-Poho`iki Road Between County Highway 132 and County Highway 137 and at Kapoho- Kalapana Beach Road (County Highway 137) Near Honolulu Landing. Re: Comm. 392.1 Intr. by: Ms. Isbell Approve: PSPRC-14 Res. 154-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Transfer to Research and Development Tourism Promotion (Filipino Centennial-Filipino Organization of Kona). Discretionary funds are from District 8.} Re: Comm. 401 Intr. by: Mr. Pilago Approve: FC-140 Res. 156-05: Authorizes the Mayor to Enter Into an Agreement for Services with the United States Department of Agriculture Natural Resources Conservation Service ("NRCS"), for Federal Funding for the Planning and Design of the Kaumana Drive Flood Protection Phase of the Wailuku-Alenaio Watershed. {This agreement would commit the County to execute and manage a professional service contract for the subject project under the guidance, technical assistance, and in concurrence with the NRCS. } Rc: Comm. 407 Intr. by: Mr. Ikeda Approve: PWIRC-23 Hawaii County Council-21 Page 3 September 21, 2005 Res. 157-05: Authorizes the Acceptance of a Monetary Donation of $],000 to the Hawaii County Police Department. {Donated by the Hawaii Police Athletic Federation to be used for the Hawaii County Police Department's Hawaii Island Police Activities League (HI-PAL) program.} Re: Comm.4l4 In[r. by: Ms. Isbell Approve: FC-142 Res. ] 58-05: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Iznd and Natural Resources, Pursuant to HRS 46-7, for the Paving of the Kealakekua Bay Road. {State would provide the funding not to exceed $24,000 for this project. Requests County's assistance in the paving of the Kealakekua Bay Road. also known as Honaunau Beach Road or Na-po`opo`o Beach Road. } Re: Comm. 415 Intr. by: Ms. Isbell Approve: FC-144 Res. 159-05: Authorizes the Acceptance of a Monetary Donation of $2,400 to the Hawaii County Police Department. {Donated by the Hawaii Metal Recycling Company for the Kealakehe Police Station. } Re: Comm. 416 Intr. by: Ms. Isbell Approve: FC-146 Res. 168-05: Requests the Legislative Auditor's Office to Conduct a Limited Scope Performance Audit of the County of Hawai`i's Recycling and Diversion Grants Program. {Questions and concerns were raised that indicate a need to review the County's recycling and diversion grants program, pursuant to Communication No. 402, "Report to the Hawaii County Council: Evaluation of the Department of Environmental Management's Implementation of the Integrated Solid Waste Management Plan", transmitted to the Council on August 15, 2005.} Re: Comm. 437 Intr. by: Ms. Isbell Waived: FC Hawaii County Council-21 Page 4 September 21, 2005 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 136: Amends Chapter 2, Ar[icle 6, Section 2-16.1 of the Hawaii County Code 1983 (June 2005 Edition), Relating to the Establishment of Volunteer Fire Stations. ;Establishes the Pu`uanahulu Volunteer Fire Station and amends the name of the North Kohala volunteer fire station. } Re: Comm. 397 Intr. by: Mr. Safarik Approve: PSPRC-12 Bill 137: Amends Chapter 20, Article 4, Section 20-46, Hawaii County Code 1983 (2005 Edition), Relating to Solid Waste Fees. {Replaces language inadvertently deleted from Section 20-46, relating to credits to commercial haulers of residential waste and an analysis of past and projected expenses in the Solid Waste Division.} Re: Comm. 398 intr. by: Ms. Isbell Approve: FC-139 Bill 138: Amends Chapter 22, Hawaii County Code 1983 (2005 Edition), by Repealing Article 3, Division 2 -Relating to Banner Permits, and Repealing Sections 22-1.2(1) Defining "Banner" and 22-3.1(a) Defining "Banner Permits." {Deletes banner permit provisions and associated references found in Chapter 22, which are no longer needed, to avoid duplication and confusion.} Re: Comm. 400 Intr. by: Mr. Ikeda Approve: PWIRG22 Bill 139: Amends Section 25-8-33 (City of Milo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Single Family Residential (RS-10) to Neighborhood Commercial (CN-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-027:042 (approx. 19,500 square feet). {Timothy DeLozier, Applicant.}; Re: Camm.408 Intr. by: Mr. Hoffmann and Mr. Pilago Approve: PC-33 and (Comm. 408.1 and Bi11139, Drafts 2 and 3, continue on the next page.J Hawaii County Council-21 Page 5 September 21, 2005 Comm. 408.1: From Planning Director Christopher J. Yuen, dated August 30, 2005, transmitting Bill 139, Draft 2. Draft 2 adds the standard clause, "SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance.' ;and Bill 139 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code, by Changing the District Classification from Single Family Residential (RS-10) to Neighborhood Commercial (CN-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-027:042 (approx. 19,500 square feet). {Timothy DeLozier, Applicant.}; Intr. by: Mr. Hoffmann and Mr. Pilago and Comm. 408.2: From Council Chair Stacy K. Higa, dated September 8, 2005, transmitting Bill 139, Draft 3. Draft 3 corrects spelling to reflect correct Hawaiian language usage, corrects citation to Hawaii County Code, corrects math and grammar, and inserts a new "Condition L" and re-letters conditions to accommodate this new condition; and Bill 139 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 3): Code) of the Hawaii County Code, by Changing the District Classification from Single Family Residential (RS-10) to Neighborhood Commercial (CN-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-027:042 (approx. 19,500 square feet). {Timothy DeLozier, Applicant. } Intr. by: Mr. Higa Bill 140: Amends Section 25-8-33 (City of Hilo 7.one Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Single Family Residential (RS-15) to Single Family Residential (RS-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-4-9:26 (approx. 27,224 square feet). {Craig and April Nakagawa, Applicant.}; Rr. Comm. 409 Intr. by: Mr. Hoffmann and Mr. Pilago Approve: PC-34 and Comm. 409.1: From Planning Director Christopher J. Yuen, dated August 30, 2005, transmitting Bil] 140, Draft 2. Dratt 2 adds the standard clause, "SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance."; and Bil] 140 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code, by Changing the District Classification from Single Family Residential (RS-15) to Single Family Residential (RS-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-4-9:26 (approx. 27,224 square feet). {Craig and April Nakagawa, Applicant. } Intr. by: Mr. Hoffmann and Mr. Pilago Hawaii County Council-21 Page 6 September 21, 2005 Bill 14] : Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii Coun[y Code, by Changing the District Classification from Single Family Residential (RS-10) to Limited Industrial (ML-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-35:9 & 10 (approx. 45,800 square feet). {Howard DeLima, Jr., and Napua DeLima, Applicant. } Re: Comm. 410 Intr. by: Mr. Hoffmann and Mr. Pilago Approve: PC-35 Bill 142: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006. {Increases revenues in Contribution from Private Source ($1,000); appropriates same to Hawaii Island Police Activities League -Other Current Expense. } Re: Comm. 414 Intr. by: Ms. Isbell Approve: FC-143 Bill 143: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in State Grant -Kealakekua Bay Road Paving ($24,000); appropriates same tc Kealakekua Bay Road Paving -State. } Re: Comm. 415 Intr. by: Ms. Isbell Approve: FC-145 Bill 144: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006. {Increases revenues in Contribution from Private Source ($2,400); appropriates same to Kona Police - Other Current Expense. Re: Comm. 416 Intr. by: Ms. Isbell Approve: FC-147 Bill 145: Amends Chapter 24, Article 9, Section 24-249, Hawaii County Code 1983 (2005 Edition), to Prohibit Soliciting of Votes on or in Proximity to a Roadway. Re: Comm. 417 Intr. by: Mr. Hoffmann Negative Recommendation: PSPRC-13 Hawaii County Council-21 Page 7 September 21, 2005 Bil] 150: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006. {Increases revenues in Federal Grant- Native Hawaiian Housing Block Grant ($50,000); appropriates same to Native Hawaiian Housing Block Grant. } Re: Comm. 435 Intr. by: Mr. Hoffmann Approve: CHA -September 8, 2005 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE llAY (SECOND OR FINAL READING) Bill 121 Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and (Draft 2): Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds ENVIRONMENTAL MANAGEMENT: East Hawaii Reload Facility ($2.200,000); funds to be provided from Genera] Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($2,200,000). } Re: Comm. 358.25 Intr. by: Ms. Isbell 1 Reading: September 8, 2005 2/3 Vote: Section ]0-6(d), Hawai`i County Charter Bill 122 Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and (Draft 2): Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds ENVTRONMENTAL MANAGEMENT: Planning for Waste Reduction Technology ($500,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($500,000). Funds would be used for planning, engineering and environmental consulting, and preparation of a Request for Proposals for a waste reduction technology project.} Re: Comm. 359.1 In[r. by: Mr. Higa 1 s' Reading: September 8, 2005 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-21 Page 8 September 21, 2005 Bill 131: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds ENVIRONMENTAL MANAGEMENT: Wailoa Sewage Pump Station Renovation -State Revolving Fund ($3,000,000); funds to be provided from State Revolving Funds ($3,000,000). Funds would be used to renovate the Wailoa Sewage Pump Station, which would include an upgrade of the electrical system, installation of an additional pump, installation of a supervisory control and data acquisition system, and roof replacement.} Re: Comm. 386 Intr. by: Ms. Isbell (B/R) 1"Reading: September 8, 2005 2/3 Vote: Section ] 0-6(d), Hawai`i County Charter Bill 133: Authorizes the Mayor of the County of Hawaii to Enter Into an Intergovernmental Agreement for a State Water Pollution Control Revolving Fund Loan for Wastewater Public Improvement Projects; and Authorizes the Issuance of $5,600,000 Genera] Obligation Bonds of the County of Hawaii for the Purpose of Financing Qualified Wastewater Public Improvements of the County of Hawaii. {State Revolving Funds would be used for the Environmental Management Department's Honokohau Harbor Effluent Reuse Project ($2,600,000) and the Wailoa Sewage Pump Station Renovation Project ($3,000,000), for a total of $5, 600,000. } Re: Comm. 388 Intr. by: Ms. Isbell (B/R) 1"Reading: September 8, 2005 Bill 134 Amends Chapter 23, Hawaii County Code 1983 (2005 Edition) to Provide (Draft 3): Enhanced Public Notice of Proposed Development. {Requires a developer or landowner to post a sign of a proposed development on the affected property for subdivision approval or variance.} Re: Comm. 389.4 Intr, by: Mr. Jacobson 1" Reading: September 8, 2005 Bill 135 Amends Chapter 25, Arliele 2, Division 1, Hawaii County Code 1983 (2005 (Draft 3): Edition), to Provide Enhanced Public Notice of Proposed Development {Requires a developer or landowner to post a sign of a proposed development on the affected property for the following land use approvals or permits pursuant to Chapter 25 of the Hawaii County Code: zoning amendment, project district, agricultural project district, variance except setback variance, use permit, planned unit development permit, or cluster plan development. } Re: Comm. 390.2 Intr. by: Mr. Jacobson 1 s` Reading: September 8, 2005 Hawaii County Council-21 Page 9 September 21, 2005 REPORTS FC-141 Recommends acceptance of a donation of a large clock to the Department of (Comm. 412): Parks and Recreation to display the time for the patrons and staff of the Kona Community Aquatic Center, with a total estimated value of $50. PSPRC-10 Recommends the approval of the nomination of Kaloa Robinson (Council (Comm. 404): District 3) to the Police Commission. PSPRC-1 1 Recommends the approval of the nomination of Takashi Domingo (Council (Comm. 405): District 1) to the Liquor Commission. REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote, pursuant to HRS Section 92-4 and Rule 12 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 TUESDAY, OCTOBER 4, 2005 COMMI"LTEES TBA COUNCIL ROOM WEDNESDAY, OCTOBER 5, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM MONDAY. OCTOBER 17 2005 COMMffTEES TBA COUNCIL ROOM TUF,SDAY, OCTOBER 18, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM Hawaii County Council-21 Page 10 September 27, 2005 ADJOURNMENT Note: B/R, as listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation `By Request' and on behalf of the requesting party; however, it does not necessarily signify their support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations to attend this meeting should cal] 961-8255 by September 19, 2005. Persons using TDDs may call 961-8521. Copies of an item listed on the agenda may be viewed at the Hawaii County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawaii 96720; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawaii 96740; and at the Waimea Council Members' Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea, Hawaii 96743. Submitting Testimony: Those persons wishing to testify in person must register with the Council/Clerk's staff. Those testifying in person and submitting written testimony should bring sixteen (16) copies of the testimony for distribution at the meeting. "Chose persons unable to testify in person may submit testimony (1) by mail to the County Clerk's Office in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to counciliestimonV(~co.hawaii.hi.us. Copies will be made and distributed at the meeting when transmitted in a timely manner. In any case, both oral and written testimony will be considered public record. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, September 28, 2005, a[ 6 p.m.; Sunday, October 2, 2005, at 10:30 a.m.; and Wednesday, October 5, 2005, at 6 p.m. (Hawai`i 'Tribune Herald -September 18, 2005) (West Hawaii Today -September 18, 2005)