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HomeMy WebLinkAboutAGE COUNCIL 2007/01/04 2006-2008 PETE HOFFMANN BRENDA FORD `p''" STACY K. H[GA Chair & Presiding Officer ~ DONALD IKEDA K. ANGELP[LAGO BOBJACOBSON Vice Chair ~~'~•ni,M~~'~ EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawai `i County Building 25 Aupuni Street Hiio, Hawai `i 96720 t > c -n n~ c~ 3rd Session cx ORDER OF BUSINESS ;=i Hawaii County Council ; 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Thursday, January 4, 2007 9:00 a.m. INVOCATION Pastor Paul Mcllroy of Kea`au Bible 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.) Serving the Interests ojthe People ojOur Island Hawaii County is an Equa[ Opportunity Provider and Employer. Hawaii County Council-3 Page 2 January 4, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 12-07: 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 Office of the Prosecuting Attorney, Kona Prosecuting Attorney Other Current Expense, Miscellaneous Contract Services (Kealakehe Community Association dba Kealakehe Neighborhood Watch -After School Youth Crime Watch Program). Discretionary funds from District 8 would be used to fund the Kealakehe Community Association dba Kealakehe Neighborhood Watch Inc.'s Le`a Le`a Na Opio afrerschool program providing the Kealakehe youth with various activities and educational materials relating to crime prevention and awareness, as well as transportation and travel expenses to Denver, Colorado to attend the Annual National Youth Crime Watch Conference in March 2007. } Re: Comm.8 Intr. by: Mr. Pilago Approve: FC-1 Res. 13-07: 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 Office of the Prosecuting Attorney, Kona Prosecuting Attorney Other Current Expense, Miscellaneous Contract Services (Neighborhood Place of Kona, Miloli`i Ho`opuloa `Ahahui I Na `Opio Substance Abuse Prevention Program). Discretionary funds from District 8 would be used towards the Neighborhood Place of Kona's "Miloli`i Ho`opuloa `Ahahui I Na `Opio Program" to provide substance abuse and anti-violence education and prevention for the at-risk youths of Miloli`i, through community exchange programs and extra-curricalar activities. } Re: Comm.9 Intr. by: Mr. Pilago Approve: FC-2 Hawaii County Council-3 Page 3 January 4, 2007 Res. 14-07: Authorizes the Acceptance of a Monetary Donation of $2,500 to the Hawaii Fire Department. {Donated by Wa]-Mar[ Kona's "Safe Neighborhood Grant" program and would be used towards the purchase of educational materials to be distributed to the public in commemoration of Fire Prevention Week and of Emergency Medical Services Week.} Re: Comm. 13 Intr. by: Mr. Yagong Approve: FC-5 Res. 15-07: Authorizes the Acceptance of a Monetary Donation of $2,000 to the Hawaii Fire Department. {Donated by Wal-Mart Hilo's "Safe Neighborhood Grant" program and would be used towards the purchase of educational materials to be distributed to the public in commemoration of Fire Prevention Week and of Emergency Medical Services Week.} Re: Comm. 14 Intr, by: Mr. Yagong Approve: FC-7 Res. 16-07: Temporarily Delays Council Action on Rezoning Applications in the Districts of North and South Kona Until the North and South Kona Community Development Plan is Adopted by Ordinance, or Until April 1, 2007, Whichever Shall Occur First. {Proposed in response to constituents who strongly believe that rezonings in North and South Kona should not occur during the critical community development planning process until all fact-finding, public input, and community based vision for future long-term growth of North and South Kona are finalized.} Re: Comm. 18 Intr. by: Mr. Pilago Approve: PC-2 Res. 17-07: Temporarily Delays Council Action on Rezoning Applications in the District of South Kohala Until the South Kohala Community Development Plan is Adopted by Ordinance, or Until January 5, 2008, Whichever Shall Occur First. {The temporary delay on new rezonings in the South Kohala district would allow the community, through a legitimate and deliberate Community Development Planning process, to define how best to solve existing problems and allocate space for new growth.} Re: Comm. 19 Intr. by: Mr. Hoffmann Approve: PC-3 Hawaii County Council-3 Page 4 January 4, 2007 Res. 24-07: Authorizes the Acceptance of a Donation from the Waikoloa Village Association for the Purchase of Smart Signs for Installation in Waikoloa Village. {Donation of $10,000 would be used to purchase two "Smart Signs" to help control speeding on Paniolo Drive in Waikoloa Village by alerting drivers of their vehicle speed in real time. } Re: Comm. 42 Intr. by: Mr. Hoffmann Waived: FC Res. 25-07: Authorizes the Director of Finance to Negotiate a Lease with the Roman Catholic Church in the State of Hawaii, dba Office for Social Ministry, for the Purpose of Providing Services to Homeless Persons with Terms to Include a Duration of Ten Years at a Set Rental of $10.00 Per Year. {Facility is located at 115 Kapiolani Street, Hilo, Hawai`i.} Re: Comm. 45 Intr. by: Mr. Hoffmann Approve: CHA -December 20, 2006 10 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill l : Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Limited Industrial - 1 Acre (ML-la) to Industrial-Commercial Mixed 1-Acre (MCX-la) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-51:96 (approx. 46,246 square feet). {C&R Development, LLC, Applicant. } Re: Comm.3 Intr. by: Mr. Pilago Approve: PC-1 Bill 3: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds ENVIRONMENTAL MANAGEMENT: Greenwaste and Composting Facility at the West Hawaii Sanitary Landfill ($1,750,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,750,000). Funds would be used to construct a legally permitted composting facility at the resource recovery area adjacent to the West Hawaii Sanitary Landfill at Pu`uanahulu.} Re: Comm.ll Intr. by: Mr. Yagong Approve: FC-3 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-3 Page 5 January 4, 2007 Bill 4 Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of (Draft 2): Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in State Grants -Gang Response System ($5,000); appropriates same to Gang Response - Hilo. Funds would be used to involve community-based agencies and government organizations to work together to address youth gangs and the issues surrounding these groups.} Re: Comm. 12.1 Intr. by: Mr. Yagong Approve: FC-4 Bill 5: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 3Q 2007. {Increases revenues in Contribution from Private Source ($2,500); appropriates same to Fire Prevention - Other Current Expense.} Re: Comm. 13 Intr. by: Mr. Yagong Approve: FC-6 Bill 6: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Contribution from Private Source $2,000; appropriates same to Fire Prevention - Other Current Expense. } Re: Comm. 14 Intr. by: Mr. Yagong Approve: FC-8 Bill 7: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Federal Grants - Hawaii County Police Department (HCPD) Clickit or Ticket ($700); appropriates same to HCPD Clickit or Ticket. Funds would be used to reduce the fatalities and injuries to front and rear seat occupants aged 17 and under, of motor vehicle collisions by improving awareness of state laws.} Re: Comm. 15 Intr. by: Mr. Yagong Approve: FC-9 Hawaii County Council-3 Page 6 January 4, 2007 Bill 15: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds PUBLIC WORKS: Palani Road Safety Improvements -Federal ($1,700,000); funds shall be provided from Federal Grants Receivable ($1,700,000). Funds would be used to realign the eastern terminus of Kealaka`a Street to intersect Palani Road at Palihiolo Street to form a new intersection that would improve vehicular and pedestrian access and safety for users of the high traffic volume intersection.} Re: Comm. 41 Intr. by: Mr. Yagong Waived: FC Bill 17: Amends Chapter 11 (Housing Code) of the Hawaii County Code 1983 (1995 Edition), as Amended by Ordinance OS-23, by Adding Language to Section ] 1-6 to Provide Clarification for Determining the In-Lieu Fee. Re: Comm. 44 Intr. by: Mr. Hoffmann Approve: CHA -December 20, 2006 Bill 220 Amends the State Land Use Boundaries Maps for the County of Hawaii by (2004-2006): Changing the District Classification from the Agricultural to the Urban District at Keonepoko, Puna, Hawaii, Covered by Tax Map Key 1-5-7:53 (approx. 3.317 acres). {Timothy Lynn Gardner, Applicant.} Re: Comm. 680 Intr. by: Mr. Pilago Approve: PC-4 Bill 221 Amends Section 25-8-26 (Pahoa Zone Map), Article 8, Chapter 25 (Zoning Code) (Draft 2) of the Hawaii County Code 1983 (2005 Edition), by Changing the District (2004-2006): Classification from Agricultural (A-la) to Industrial-Commercial Mixed (MCX-la) at Keonepoko, Puna, Hawaii, Covered by Tax Map Key 1-5-7:53 (approx. 3317 acres). {Timothy Lynn Gardner, Applicant.} Re: Comm. 680.1 Intr. by: Mr. Safarik (B/R) Approve: PC-5 Hawaii County Council-3 Page 7 January 4, 2007 Bill 345 Planning Director Initiated Amends Chapter 25, Article 1, Subsection 25-1-5(b), (2004-2006): (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Definition of Family. {Amends the definition of "Family" to include a group of not more than eight unrelated persons, plus any program staff, living in a facility licensed or certified by the Department of Health.} Re: Comm. 1102 Intr. by: Mr. Pilago Approve: PC-128 Postponed: December 20, 2006 ;and Comm. 1102. l : From Council Member Brenda Ford submitting proposed amendments to Bill 345, which subsequently failed due to a vote of four "ayes" and five "noes" at the Council's December 20, 2006 meeting. 1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 8: Gives the Mayor of the County of Hawaii the Authority to Waive Certain Requirements as Provided by Chapters 3 (Advertising & Signs), 5 (Building), 9 (Electricity), 17 (Plumbing), 20 (Waiver of Tip Fees for LandSll for Emergency Debris), 22 (Streets & Sidewalks), and 25 (Zoning) of the Hawaii County Code. {Waives certain requirements of the Hawaii County Code in order to expedite repairs and reconstruction of buildings and infrastructure damage by the earthquake that struck Hawaii Island on October 15, 2006. A similar ordinance, Ordinance No. 06-130, was passed by the Council on October 24, 2006, which will be automatically repealed on the 61s' day following its adoption (December 24, 2006). This proposal provides additional time for people to obtain necessary permits to repair damages received from the earthquake.} Re: Comm. 21 Intr. by: Mr. Hoffman Is' Reading: December 20, 2006 Bill 147 Amends Chapter 15, Article 1, Section 15-7, of the Hawaii County Code 1983 (Draft 2) (2005 Edition), Relating to Parks and Recreation. {Proposal changes the penalty for (2004-2006): violations in Chapter 15 by reducing the maximum imprisonment from 90 to 30 days; and any person convicted of violating any provision shall be punished by a fine not exceeding $1,000.} Re: Comm. 425.2 Intr. by: Mr. Jacobson 1 Reading: December 20, 2006 Hawaii County Council-3 Page 8 January 4, 2007 Bill 231 Amends Chapter 25 (Zoning Code) of the Hawaii County Code, Relating to Scenic (2002-2004): Corridors. {Adds a new division to Chapter 25, Article 6, Hawaii County Code 1983 (2005 Edition) entitled, "Division 6. Scenic Corridors," which delineates criteria and procedures for the establishment and initiation of scenic corridors.} Re: Comm. 509 Intr, by: Mr. Reynolds (B/R) 151 Reading: December 20, 2006 Bill 364 Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of (2004-2006): Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in State Grants -Transportation for the Homeless and Disabled ($80,000); appropriates same to Transportation for the Homeless and Disabled.} Re: Comm. 1209 Intr. by: Ms. Isbell 1S1 Reading: December 20, 2006 Bill 365 Amends Chapter 14, Article 4, Hawaii County Code 1983 (2005 Edition), Relating (Draft 2) to Smoking in Certain Places in the County of Hawaii. {Amends Section 1 (2004-2006): definition for "tobacco products" and Section 2 to include all of Section 14.21 to the new subsection.} Re: Comm. 1210.1 Intr. by: Ms. Isbell ls` Reading: December 20, 2006 ;and Comm. 1210.43: From Joshua Allen, dated December 20, 2006; and Comm. 1210.44: From Kili Bairos, dated December 20, 2006; and Comm. 1210.45: From Nancy Arrington, dated December 20, 2006; and Comm. 1210.46: From Amy Arrington, dated December 20, 2006 REPORTS 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. Hawaii County Council-3 Page 9 January 4, 2007 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 17.2: MAYOR'S VETO MESSAGE REGARDING BILL 258, DRAFT 6, RELATING TO ANIMALS From Mayor Harry Kim, dated December 20, 2006, returning Bill 258, Drafr 6, stating his reason for disapproval, as listed in this communication; and Bill 258 Amends Chapter 4 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 6) Relating to Animals. {Repeals Chapter 4, Animals, Hawaii County Code, in its (2004-2006): entirety and establishes a new chapter relating to Animals. Replicates Chapter 7, Animals and Fowl, of the Revised Ordinances of Honolulu with a few minor adjustments. Contains provisions relating to the following: cockfighting and related equipment, animal nuisances, dog licenses, regulation of dogs, public spay and neuter clinic for dogs and cats, cat identification program, and regulation of dangerous dogs. Also includes provisions regarding licensed obedience trial, tracking, and show dogs, sterilization of cats and dogs, strict enforcement of strays, and regulation of noisy animals (not just dogs}. Re: Comm. 17 Intr. by: Mr. Holschuh ls` Reading: October 31, 2006 Postponed: November 15, 2006 2"d Reading: November 29, 2006 Mayor's veto: December 20, 2006 Note: In order for this bill to become law, the Council must vote (by majority) to reconsider it, within 30 days after it is returned; and to aaprove it again (2/3 majority vote) (see Article III, Section 3-12, Hawaii County Charter). For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. Hawaii County Council-3 Page 10 January 4, 2007 ANNOUNCEMENTS THURSDAY, JANUARY 18, 2007 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor FRIDAY, JANUARY 19, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, FEBRUARY 6, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, FEBRUARY 7, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, FEBRUARY 21, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA THURSDAY, FEBRUARY 22, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA 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 the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by January 3, 2007. 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 333 Kilauea Avenue, 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. Hawaii County Council-3 Page 11 January 4, 2007 V ideoconferencine 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. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. Submitting_Testimonv: 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 seventeen (17) copies of the testimony for distribution at the meeting. Those persons unable to testify in person may submit testimony (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 counci[testimony@co.hawaii.hi.us. Please submit a separate testimony for each item. For testimonies submitted by e-mail or fax, 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 I5, 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, 333 Kilauea Avenue, Hilo, Hawaii 96720. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, January 10, 2007, at 6 p.m.; Sunday, January 14, 2007, at 10:30 a.m.; and Wednesday, January 17, 2007, at 6 p.m. (Hawai`i Tribune Herald-January 2, 2007) (West Hawaii Today -January 2, 2007)