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Home My WebLink AboutAGE COUNCIL 08/01/2006 2004-2006 STACY K. HIGA "'4, JAMES Y. ARAKAKI . Wes' PETEHOFFMANN ('hmr R Pree~idmg O~cer 4t. FRED C. HOLSCHUH, M.D. VIRGINIA ISBELL DONALD IKEDA 17ce ['hoer ~i~h,of,w',~S BOB IACOBSON K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 _J t"' f~7 C,I u ~7 42"~ Session ~ v ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Tuesday, August 1, 2006 9:00 a.m. W VOCATION Father Edgar Brillandes of St. Joseph Church 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 County is an Equal Opportunity Provider and Employer. Hawaii County Council-42 Page 2 August 1, 2006 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, EXPRESSIONS OF CONDOLENCE, AND COMMUNICATIONS 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 383-06: Initiates Interim Amendments to the General Plan for Lands Adjoining Honokohau Harbor at Kealakehe, District of North Kona, County of Hawaii. {Directs the Planning Director to conduct a study to determine the feasibility of amending the General Plan relating to the following: 1) expansion and development of lands owned by the State Department of Hawaiian Home Lands (DHHL) and the State Department of Land and Natural Resources (DLNR) located adjacent to the Honokohau Small Boat Harbor (HSBH); 2) supports the expansion of HSBH and a variety of mixed use development of adjoining lands; and 3) amends the General Plan Land Use Pattern Allocation Guide map to include Open, Resort, and Urban Expansion area designations within the lands situate at and adjacent to HSBH that are owned by DHHL and DLNR} Re: Comm. 939 Intr. by: Ms. Isbell Approve: PC-99 Res. 402-06 Amends Resolution No. 99-05, Rules of Procedure and Organization of the Council (Draft 2): of the County of Hawaii, Relating to Meetings. {Provides that the Council shall hold regular meetings in East Hawaii on odd-numbered months and regular meetings in West Hawaii on even-numbered months. Draft 2 states that videoconferencing be provided for all West Hawaii meetings and specifies January 1, 2007, as the start date for the new meeting schedule.} Re: Comm. 959.13 Intr. by: Mr. Hoffmann Approve: FC-312 Postponed: July 19, 2006 (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Hoffmann to adopt Resolution 402-06, Draft 2.) ;and Comm. 959.22: From Cory Harden, dated July 17, 2006; and Comm. 959.23: From Nancy Redfeather, Kawanui Farm, dated July 17, 2006; and Comm. 959.24: From Lionel Kutner, dated July 18, 2006; and Comm. 959.25: From Toni Reynolds, undated; and Comm. 959.26: From Marshall Blann, dated July 13, 2006. Hawaii County Council-42 Page 3 August 1, 2006 Res. 407-06: Requests the Hawaii County Council to Look Into Banning Smoking at Kahalu`u Beach Park. {Requests on behalf of the West Hawaii Youth Fishery Council that an ordinance be prepared prohibiting smoking any tobacco products at Kahalu`u Beach Park and that the penalty for violation be a $100 fine.} Re: Comm. 972 Intr. by: Ms. Isbell (B/R) Approve: PSPRC-35 Res. 408-06: Directs the Clerk of the County of Hawaii to Take Necessary Action to Place the Charter Amendment Proposed by Ordinance No. 06-96 on the 2006 General Election Ballot {Ordinance No. 06-96 relates to verifying and certifying petitions for initiative and referendum, removal of elected officers and charter amendment or revision, by removing the requirements of social security numbers and mailing addresses and amends the number of days the County Clerk has to verify and certify petitions without these requirements.} Re: Comm. 978 Intr. by: Ms. Isbell Approve: FC-313 Res. 409-06: Directs the Clerk of the County of Hawaii to Take Necessary Action to Place the Charter Amendment Proposed by Ordinance No. 06-95 on the 2006 General Election Ballot. {Ordinance No. 06-95 relates to the Fire Department by changing the title from "Fire Department" to "Hawaii Fire Department" as the official title of the department.} Re: Comm. 979 Intr. by: Ms. Isbell Approve: FC-314 Res. 413-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Prosecuting Attorney-Weed and Seed Coordinator - CTY (Neighborhood Place of Puna). Discretionary funds from District 5 would be used to purchase Ready to Learn school supplies for children.} Re: Comm. 988 Intr. by: Mr. Safarik Waived: FC 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FHiST READING) _ .~.._w _ ~ _ _ _ Hawaii County Council-42 Page 4 August I, 2006 BILLS FOR ORDINANCES (FIRST READING) Bill 308: Initiates a Charter Amendment to Article VI, Chapter 4, Section 6-4.3, Hawaii County Charter (2000), Relating to Bifurcating the Planning Commission Into an East Hawaii Planning Commission and a West Hawaii Planning Commission. {Divides the nine-member Planning Commission into an East Hawaii Planning Commission comprised of Council Districts 1, 2, 3, 4, and 5; and West Hawaii Planning Commission comprised of Council Districts 6, 7, 8, and 9.} Re: Comm. 963 Intr. by: Mr. Pilago Negative: PC-100 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter Bill 31 I : Amends Chapter 5, Article 1, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Building Code. {Adds a new Section 5-1.0.12(a) which creates an amnesty period beginning October 1, 2006, through September 3Q 2007, for owners of unpermitted residential buildings or agricultural farm structures completed before January 1, 2006, who may want to comply with the Building Code. Owners who secure an "amnesty permit" will be exempt from all civil and criminal penalties that might be imposed for constructing a structure without a permit. All amnesty permits must satisfy the requirements of the Building Code, which include permit fees.} Re: Comm. 975 Intr. by: Ms. Isbell Approve: PWIRC-47 Bill 312: Amends Chapter ] 7, Article 2, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Plumbing Code. {Adds a new Section 17-17.1 which creates an amnesty period beginning October 1, 2006, through September 30, 2007, for owners of unpermitted residential buildings or agricultural farm structures completed before January 1, 2006, who may want to comply with the Plumbing Code. Owners who secure an "amnesty permit" will be exempt from all civil and criminal penalties that might be imposed for constructing a structure without a permit. All amnesty permits must satisfy the requirements of the Plumbing Code, which include permit fees.} Re: Comm. 976 Intr. by: Ms. Isbell Approve: PWIRC-48 Hawaii County Council-42 Page 5 August 1, 2006 Bill 313: Amends Chapter 9, Article 5, Division 2, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Electrical Code. {Creates an amnesty period beginning October 1, 2006, through September 30, 2007, for owners of unpermitted residential buildings or agricultural farm structures completed before January 1, 2006, who may want to comply with the Electrical Code. Owners who secure an "amnesty permit" will be exempt from all civil and criminal penalties that might be imposed for constructing a structure without a permit. All amnesty permits must satisfy the requirements of the Electrical Code, which include permit fees.} Re: Comm. 977 Intr. by: Ms. Isbell Approve: PWIRC-49 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 248: Amends Section 25-8-8 (Upolu Point- Kaauhuhu Homesteads Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-20a) to Agricultural (A-l0a) at Kealahehewa ls`, North Kohala, Hawaii, Covered by Tax Map Key 5-5-003:010 (approx. 21.352 acres). {Bruce Eby, Applicant.} Re: Comm. 764 Intr. by: Mr. Pilago I" Reading: July 19,2006 Bill 282 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 10,000 Square Feet (RS-10) to General Commercial - 20,000 Square Feet (CG-20) at Waiakea Houselots, Hawaii, Covered by Tax Map Key 2-2-34:66, 78, and 79 (Area: Parcel A - 22,300 square feet; Parcel B - 11,900 square feet; Parcel C - ] 1,250 square feet). {Big Island Candies, Inc., Applicant.} Re: Comm. 884.1 Intr. by: Mr. Higa ls` Reading: July 19, 2006 Hawaii County Council-42 Page 6 August 1, 2006 Bil 1296: Amends the State Land Use Boundaries Maps for the County of Hawaii by Changing the District Classification from the Agricultural and Urban to the Rural District at Wainaku, South Hilo, Hawaii, Covered by Tax Map Key 2-6-032:006 (approx. 1 1.909 acres). {Plant-Mason Family Trust, Applicant.} Re: Comm. 933 Intr. by: Mr. Pilago ]s' Reading: July ]9, 2006 Bill 297 Amends Section 25-8-34 (Papaikou-Onomea Zone Map), Article 8, Chapter 25 (DrafC 2): (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 20 Acres (A-20a) and Single Family Residential - 15,000 Square Feet (RS-15) to Residential and Agricultural - 1 Acre (RA-la) at Wainaku, South Hilo, Hawaii, Covered by Tax Map Key 2-6-032:006 (approx. 11.909 acres). {Plant-Mason Family Trust, Applicant.} Re: Comm. 933.1 Intr. by: Mr. Pilago ls` Reading: July 19, 2006 Bill 298: Planning Director Initiated Repealing Ordinance No. 96 152 Which Amended Section 25-1 I S (Papaikou-Onomea Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-20a) to Single Family Residential (RS-15) at Papaa-Halepuna, South Hilo, Hawaii, Covered by Tax Map Key 2-6-12:Portion of 4 and 2-6- 13:Portion of 7 (approx. 14.69 acres). Re: Comm. 934 Intr. by: Mr. Pilago 1 Reading: July 19, 2006 Bill 306: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in State Grants -Pahoa Weed and Seed ($15,000); appropriates same to Pahoa Weed and Seed. Funds would be used by the Aolice Department as "buy money" to purchase illicit drugs as part of its undercover covert operations in meeting objectives of the Pahoa Weed and Seed grant.} Re: Comm. 954 Intr. by: Ms. Isbell ls` Reading: July 19, 2006 Hawaii County Council-42 Page 7 August 1, 2006 Bill 31 d: Amends Chapter 11 (Housing Code) of the Hawaii County Code 1983 (1995 Edition), as Amended by Ordinance OS-23, by Adding a New Section to Section 1 1-5(c) to Provide for Affordable Housing Credits for the Construction of Rental Units Affordable for Qualified Households Earning 100 to 120% of Median. Re: Comm. 980 Intr. by: Mr. Hoffmann l~' Reading: July 19, 2006 REPORTS PSPRC-34 Recommends approval of the nomination of Mr. Wendall Kekumu (Council (Comm. 947): District 5) to the Veterans Advisory Committee. 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, AUGUST 22, 2006 COMMITTEES TBA COUNCIL ROOM - HILO WEDNESDAY, AUGUST 23, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO WEDNESDAY, SEPTEMBER 6. 2006 COMMITTEES TBA COUNCIL ROOM - HILO THURSDAY, SEPTEMBER 7, 2006 COUNCII. 9:00 a.m. COUNCIL ROOM - HILO ADJOURNMENT 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 [he proposal. Hawaii County Council-42 Page 8 August 1, 2006 The meeting place is accessible for persons with disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by July 31, 2006. 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, Itawai'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. V ideoconferencing 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. Submitting Testimonv: Those persons wishing to testify in person or by videoconference must register with the CounciVClerk's staff. Those testifying in person and submitting written testimony at the meeting in Hilo should bring sixteen (16) 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 counciltestimony@co.hawaii.hi.us. Please submit a separate testimony for each item. 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. 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 2-913(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 2-913(a)(6), Hawaii County Code} Registration farms and expenditure report documents are available at the Office of the County Clerk-Council, 25 Aupuni Sweet, Hilo, Hawaii 96720. Government Access "television: Channel 52 (Hilo and Kona) Wednesday, August 9, 2006, at 6 p.m.; Sunday, August 13, 2006, at 1030 a.m.; and Wednesday, August 16, 2006, at 6 p.m. (Hawai`i Tribune Herald-July 30, 2006) (West tlawai`i Today-July 30, 2006)