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HomeMy WebLinkAboutAGE COUNCIL 11/09/2005 2004-2006 STACY K. HIGA JAMES Y. ARAKAKI '6 PETE HOFFMANN Chair & Prexidtng Offerer FRED C. HOLSCHUH, M.D. VIRGINIA ISBELL DONALD IKEDA vue~ ('hoer rya BOB JACOBSON ':'oi'w~ K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL County of Hawaii Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 24°i Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, November 9, 2005 9:00 a.m. INVOCATION Captain Michael Lutcher of Salvation Army CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii Caunty is an Equal Opportunity Provider and Employer. Hawaii County Council-24 Page 2 November 9, 2005 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 452.2: PROPOSALS FOR INCLUSION IN THE 2006 HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PACKAGE From HSAC Vice President K. Angel Pilago, dated October 26, 2005, requesting that the following legislation be considered for inclusion in the 2006 HSAC Legislative Package: 1) A Bill for an Act Relating to the Sunshine Law, which amends Section 92-10, HRS, to exempt all elected legislative boards, including the county councils; and 2) A Resolution Proposal Repealing the Sunset Dates for Three State Statutes that Provide the Counties with Liability Protection for Public Use of Certain County Recreation Areas, which consolidates the two Bills for an Act Relating to Public Land Liability as well as A Bill for an Act Relating to Liability, which repeals the sunset dates of three statutes stated previously, providing the state and county governments with liability protection for public use of certain state or county recreational areas. Waived: PWIRC Comm. 500: PRESENTATION REGARDING A DOCLIMF.NTARY FILM HONORING THE U.S. ARMY'S 1sT AND 2ND FILIPINO INFANTRY REGIMENTS AND UPCOMING YEAR-LONG FILIPINO CENTENNIAL CELEBRATION IN DECEMBER 2005 From Council Chair Stacy K. Higa, dated October 18, 2005, stating that the coordinators of this event, Carol Brown and Lottaine Godoy, would be providing information regarding this Veteran's Day event. Waived: FC 9:15 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 180-05: Authorizes the Acceptance of a Donation of an Assortment of Rescue Equipment to the Hawaii County Fire Department. {Donated by the Kanoelani Chapter of the American Business Women's Association and would be used to enhance the rescue capabilities of the firefighters at the Waimea Fire Station, with an estimated value of $250.; Re: Comm. 469 Intr. by: Ms. Isbell Approve: FC-164 Hawaii County Council-24 Page 3 November 9, 2005 Res. ] 81-05: Authorizes the Acceptance of a Donation of a Billiard Table to the Department of Parks and Recreation. {Donated by the Ka`u Ho`olaule`a Committee and would be used by the patrons of the Na`alehu Community Center, with an estimated value of $3,072. } Re: Comm. 470 Intr. by: Ms. Isbell Approve: FC-165 Res. 182-05: Authorizes the Acceptance of a Monetary Donation of $2,000 to the Hawaii County Police Department. {Donated by Big Island Candies and would be used by the ICE Task Force and Vice officers in their methamphetamine investigations.} Re: Comm. 471 Intr. by: Ms. Isbell Approve: FC-166 Res. 183-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for Two Boom Trucks (five-year lease agreement). {Trucks would be used by the Environmental Management Department's Solid Waste Division to collect bulky items such as white goods, sofas, mattresses, large tires, and engine blocks deposited at County transfer stations, which would be taken to County scrap metal facilities and landfills.} Re: Comm. 472 Intr. by: Ms. Isbell (B.B) Approve: FC-168 Res. 184-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for One Landfill Compactor (five-year lease agreement). {Compactor would be used by the Environmental Management Department's Solid Waste Division at the West Hawaii landfill to maximize trash compaction, reduce airspace in the waste, and be in compliance with Deparhnent of Health regulations. } Re: Comm. 473 Intr. by: Ms. Isbell (B/R) Approve: FC-169 Hawaii County Council-24 Page 4 November 9, 2005 Res. 185-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for Eight 75 Cubic Yard Refuse Trailers (five-year lease agreement). {Refuse trailers would be used by the Environmental Management Department's Solid Waste Division to replace current trailers at the transfer stations which are in excess often years of age, require extensive repairs, and reached the end of their useful life. } Re: Comm. 474 Intr. by: Ms. Isbell (B.R) Approve: FC-170 Res. 186-05: Authorizes the Finance Director to Dispose of Donated Lands Situate at South Hilo, Hawaii, Being Tax Map Key:(3)2-3-030:004, by Either Public Auction, Sale or Lease by Sealed Bid, Sale or Lease by Negotiations or Exchange. {Property contains an area of 60.59 acres, requires ongoing maintenance and is not considered a feasible site for future County facilities (previously acquired in 1917 for the purpose of protecting the watershed for the City of Hilo). } Re: Comm. 476 Intr. by: Ms. Isbell Approve: FC-17l Res. 194-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $84 out and from Clerk-Council Services -Contingency Relief account; credits same to DeparUnent of Research and Development Hawaii County Resource Center ($84). Discretionary funds from Council District 2 would be used to purchase materials to build bins to hold recycled cans and bottles for the Pu`u`eo Community Association Recycling Project.} Re: Comm. 499 Intr. by: Mr. Ikeda Waived: FC Res. 200-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $500 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Research and Development Hawaii County Resource Center (Facilitating Extraordinary Accomplishments in Hawaii Youth (FEAHY) Workshop) ($500). Discretionary funds from Council District 8 would be used to support the FEAHY Workshop. } Re: Comm. 578 Intr. by: Mr. Pilago Waived: FC Hawaii County Council-24 Page 5 November 9, 2005 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 156: Amends Chapter 11 (Housing), Article 1, Section 11-4(d), Hawai`i County Code 1983 (2005 Edition), to Include Affordable Housing Requirements for Industrial Park Developments. {Requires industrial park developments, consisting of multiple individual enterprises which cumulatively generate over 100 employees on a fulltime equivalent basis, to eam one affordable housing credit for every four fulltime equivalent jobs created.} Rc: Comm. 463 Intr. by: Mr. Hoffmann Negative Recommendation: PC-36 (due to a vote of 4 ayes, 3 noes and 2 absent & excused) Bill 157: Amends Section 25-8-12 (Kawaihae-Puako District Zone Map), Ar[icle 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Open (O) to Industrial-Commercial Mixed (MCX-la) at Kawaihae ls`, South Kohala, Hawaii, Covered by Tax Map Key 6-1-3:15 (approx. 1.32 acres). {State of Hawaii, Department of Land and Natural Resources, Applicant.} Re: Comm. 464 Intr. by: Mr. Pilago and Mr. Hoffmann Approve: PC-37 Bill 158: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Fdition), by Changing the District Classification from Multiple Family Residential (RM-1) to Multiple Family Residential (RM-10) at Kalalaq South Hilo, Hawaii, Covered by Tax Map Key 2-6-8:Portion of 22 (approx. 0.55 acre). {Johanna Leaird Revocable Living Trust, Applicant.} Re: Comm. 465 Intr. by: Mr. Hoffmann and Mr. Pilago Approve: PC-38 Bill 159 Amends Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 (Draft 2): Edition), Related to Plan Approval and Iandscaping. {Proposes to delete Plan Approval and Landscaping requirements for the construction of one single-family dwelling and accessory buildings per lot within various zoning districts.} Re: Comm. 466.] Intr. by: Mr. Pilago and Mr. Hoffmann Approve: PC-39 Hawaii County Council-24 Page 6 November 9, 2005 Bill 160: 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 ($2,000); appropriates same to the Police Department's Criminal Investigation Division-Juvenile Aid Bureau Vice Section Other Current Expense account. } Re: Comm. 471 Intr. by: Ms. Isbell Approve: FC-167 10:15 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READIN(=) Bill 146: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition), Relating to Vehicles and Traffic. {Authorizes 20 mile per hour speed limits along Hoku`ula Road, Spencer Road, Konokohau Road, and Laelae Road.} Re: Comm. 424 Intr. by: Mr. Ikeda ls' Reading: October 18, 2005 Bill 152: 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. {Increases FIRE: Pahoa Fire Station [$2,009,000] $2,809,000; funds to be provided from General Obligation Bonds, (:apital Projects Fund -Fund Balance and/or Other Sources ($800,000). Estimated costs of construction for the fire station has gone up due Yo the current boom in the construction industry. } Re: Comm. 443 Intr. by: Ms. Isbell 1"Reading: October ] 8, 2005 2/3 Vote: Section 10-6(d), Hawai`i County Char[er Bill 153: 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 FIRE: Central Pire Station Roof Repair ($390,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($390,000). Funds would be used for the design and repair of the Department's leaking ruof and water damaged ceiling. } Re: Comm. 444 Intr. by: Ms. Isbell 15L Reading: October ] 8, 7.005 2/3 Vote: Section 10-6id), Hawaii County Charter Hawaii County Council-24 Page 7 November 9, 2005 Bill 154 Amends Chapter 18, Article 4, Division 1, Subsection 18-90(h), of the Hawaii (Draft 2): County Code 1983 (2005 Edition), Relating to Public Transportation. {Designates the entire County of Hawaii as a transportation kokua zone, expanding on the successful kokua zones currently provided between Pahoa and Hilo and Ocean View and Kawaihae.} Re: Comm. 450.1 Intr. by: Mr. Ikeda 1 Reading: October 18, 2005 Bill 155: 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 Grants -Coordinated Services -Purchase of Services ($69,127); appropriates same to Coordinated Services -Other Current Expense.} Re: Comm. 454 Intr. by: Ms. Isbell 1~' Reading: October 18, 2005 REPORTS FC-163 Recommends acceptance of the following donations to the Parks and (Comm. 467): Recreation Department: Two Nigerian Dwarf Goats and one Pot Belly Pig from the Friends of the Zoo to be used as petting zoo animals for the Children's Petting Zoo at the Pana`ewa Rainforest 700 (estimated value of $250); and 32 cubic yards of cinder from Sanford's Service Center, Inc., to be used for the beautification of Kahakai Park in Hawaiian Beaches (estimated value of $261.68). 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. Comm. 513: SHANNON ROBYN, ET AL. VS. ALBERT PACHECO, ET AL., CIVIL NO. 02-1-03 73 From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 28, 2005. Comm. 514: JAMES S. PARRISH AND LISA R. PARRISH, ET. AL. V. THE HONORABLE RONALD IBARRA, JUDGE OF THE THIRD CIRCUIT COURT, STATE OF HAWAII, ET. AL. CIVIL NO. OS-651; JAMES R. PARRISH AND LISA R. PARRISH. ET. AL. V. THE STATE OF HAWAI`L ET. AL. CIVIL NO. OS-1-0315. From Corporation Counsel Lincoln S. T. Ashida, dated October 28, 2005. Hawaii County Council-24 Page 8 November 9, 2005 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS MONDAY NOVEMBER 21, 2005 COMMITTF,ES TBA COUNCIL ROOM COUNCIL PUBLIC 6:00 p.m. PAHOA HEARING RE NEIGHBORHOOD RES. 171-OS FACILITY TUESDAY, NOVEMBER 22, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM COUNCI. PUBLIC' 6:00 p.m. COUNCIL ROOM HEARING RE RES. 171-OS WEDNESDAY, NOVEMBER 30, 2005 COUNCIL PUBLIC 6:00 p.m. NA`ALEHU IIEARING RE COMMUNITY CENTER RES. 171-OS TUESDAY, DECEMBER 6 2005 COMMITTEES TBA COUNCIL ROOM COUNCIL PUBLIC' 6:00 p.m. SHERATON KEAUHOLI HEARING RE BAY RESORT & SPA RES. 171-OS WEDNESDAY, DECEMBER 7, 2005 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA COUNCIL PUBLIC' 7:00 p.m. WAIMEA MIDDLE HEARING RE SCHOOL RES. 171-OS CAFETERIA Hawaii County Council-24 Page 9 November 9, 2005 AD.IOURNMENT 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 to attend this meeting should cal] 961-8255 by November 7, 2005. Persons using TDDs may call 961-852]. Copies of an item listed on the agenda may be viewed at the Hawai` i County Services Office at 75-5706 Kuakini Highway, Suite ] 03, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawai' i 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. Videoeonferencine is available at the following locations: • Kona Council Office at the Kailua Trade Center; and Waimea Council Office at the Holomua Center. If, for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • V ideoconferencing from the Pahoa Neighborhood Facility will not be available. SubmittinK Testimony: Those persons wishing to testify in person or by videoconference must register with the Council/Clerk's staff Those testifying in person and submitting written testimony at the meeting in Hilo should bring sixteen (161 copies of the testimony for distribution at the meeting. Those testifying by videoconference from the Kona Council Office and the Waimea Council Office should bring one copy of the testimony. Those persons unable to testify in person or by videoconference 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 counciltesoniony@co.hnwaii.hi.us. Copies will be made and distributed at the meeting when transmitted in a Umely manner. In any case, both oral and written testimony will be considered public record. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawaii County Code} A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 25 Aupuni Street, Hilo, Hawaii 96720. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, November 16, 2005, at 6 p.m.; Sunday, November 20, 2005, at 10:30 a.m.; and Wednesday, November 23, 2005, at 6 p.m. (Hawai`i Tribune Herald -November 6, 2005) (West Hawaii Today -November 6, 2005)