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HomeMy WebLinkAboutAGE COUNCIL 2007/06/20 2006-2008 PETE HOFFMANN •`•'~'w"~ BRENDA FORD . ~'y STACY K. HIGA Char d Yres~dmg Officer DONALDIKEDA It. ANGEL PILAGO BOB JACOBSON ~ 5oe Chair ~ ' ~ EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 r- 14'x' Session - . ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Wednesday, June 20, 2007 9:00 a.m. INVOCATION Pastor Monty Stewart of Kona Church of the Nazarene CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AI'1'KOVAL OF MINUTES January 19 and May 2, 2007 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council-14 Page 2 June 20, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 480: NOMINATION OF MR. GORDON (GUS) OGASAWARA (COUNCIL DISTRICT 9) TO THE TAX BOARD OF REVIEW From Mayor Harry Kim, dated June 6, 2007, recommending approval of the above nomination. Waived: FC ORDER OF RESOLUTIONS Res. 219-07: Grants Gary O'Brien's Application for a Variance from Chapter 3, Section 3-58(a)(1)(B), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Sign Code (Re. Luhia Center I). {Proposes an erection of a directory sign 30 square feet in size at the business center located in the "old industrial area" in Kailua-Kona, which exceeds the allowable size of 22 square feet.} Re: Comm. 434 Intr. by: Ms. Ford Negative: PWIRC-22 Res. 220-07: Grants Gary O'Brien's Application for a Variance from Chapter 3, Section 3-58(a)(1)(B), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Sign Code (Re. Luhia Center II). {Proposes an erection of a directory sign 30 square feet in size at the business center located in the "old industrial area" in Kailua-Kona, which exceeds the allowable size of 22 square feet.} Re: Comm. 435 Intr. by: Ms. Ford Negative: PWIRC-23 Res. 221-07: Grants Gary O'Brien's Application for a Variance from Chapter 3, Section 3-58(a)(1)(B), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Sign Code (Re. Hale Hana Partners). {Proposes an erection of a directory sign 48 square feet in size in the "old industrial azea" in Kailua-Kona, which exceeds the allowable size of 22 square feet.} Re: Comm. 436 Intr. by: Ms. Ford Negative: PWIRC-24 Hawaii County Council-14 Page 3 June 20, 2007 Res. 222-07: Authorizes the Acceptance of the Donation of Real Property from Surety Kohala Corporation; Tax May Key No. (3)5-4-009:023 (Por.). {Contains an area of 0.379 acre located next to the Kohala Intergenerational Center and will be used to construct an outdoor basketball court.} Re: Comm. 442 Intr. by: Mr. Yagong Approve: FC-112 Res. 223-07: Authorizes the Exchange of Real Property with the State of Hawaii, Being Portions of Tax Map Keys: (3)2-2-015:033 and 2-2-015:076. {This exchange of 20,076 square feet is part of the Aupuni Center Parking Lot Improvements in order to straighten the property line between the parcels.} Re: Comm. 445 Intr. by: Ms. Ford (B/R) Approve: PWIRC-25 Res. 232-07: Commits to Funding the Cost Items Awarded by Arbitration to SHOPO Bargaining Unit 12 and Employees Excluded from Bargaining Unit 12 for the Contract Period July 1, 2007, Through June 30, 2011. {Cost items are across-the-board increases, step movements, uniform maintenance allowance, firearm maintenance allowance, increase in auto allowances, increase in standard of conduct differential, and increases in meal allowances and per diem rates.} Re: Comm. 464 Intr. by: Mr. Yagong Waived: FC Res. 233-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $70,281 out and from Clerk-Council Services - Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Project Fund-General (To be allotted to Park Improvement Projects -District I). Discretionary funds from District 1 would be used to do necessary park improvement projects in the District of Hamakua.} Re: Comm. 466 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-14 Page 4 June 20, 2007 Res. 238-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $49,000 out and from Recreation Division Other Current Expense account; credits same to Transfer to Capital Projects Fund -General Fund (Park Improvement Projects- Council District 1). In April 2007, contingency funds of $49,000 were appropriated to purchase necessary building materials for park improvements in Council District 1. However, the Parks and Recreation Division has been unable to purchase the materials as plans are still pending for the projects. Transfer of these funds will allow the Department to complete the purchase of materials and the construction of the storage facilities in the upcoming fiscal year.} Re: Comm. 476 Intr. by: Mr. Yagong Waived: FC Res. 239-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $175,000 out and from Health Benefits account; credits to the following: Fire Protection Other Current Expense ($90,000), Fire Equipment Maintenance Other Current Expense ($10,000), Miscellaneous Fire Helicopter Other Current Expense ($15,000), and Public Safety Disaster/Emergency-General ($60,000), for a total of $175,000. Additional funding is needed because of a budget shortfall in the Fire Department's accounts due to an increase in the reimbursement rate and number of employee mileage charges, fuel costs, charges for public safety supplies, and spending for equipment maintenance and helicopter parts. } Re: Comm. 477 Intr. by: Mr. Yagong Waived: FC Res. 240-07: Authorizes the Mayor to Enter Into an Agreement with the State of Hawaii Department of Land and Natural Resources, Legacy Land Conservation Commission, and to Accept Funds for the acquisition of Kawa`a Bay, HSlea Nui, Ka`u, Hawaii. {Funds would be used for the acquisition of approximately 785.161 acres of land collectively known as Kawa`a and Kawa`a Bay in the District of Ka`u. } Re: Comm. 478 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-14 Page 5 June 20, 2007 Res. 241-07: Approves the Cost Adjustments Authorized by the Appropriate Authority for Excluded Managerial Employees of the County of Hawaii. {Cost items are across- the-board increases, within range progressions, moves to the appropriate salary, increases in meal allowances, increase in night differential, increase in uniform allowances, increase in firearm maintenance allowance, increase in auto allowances, increase in standazd of conduct differential, a second pair of station boots, and increases in per diem rates.} Re: Comm. 479 Intr. by: Mr. Yagong Waived: FC 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 106 Amends Chapter 19, Article 1 (Administration), Section 19-2, and Article 7 (Tax (Draft 2): Maps; Valuations), Section 19-53, of the Hawaii County Code 1983 (2005 Edition), as Amended, Relating to Affordable Rental Housing Classification. {Increases the availability of affordable rentals on the Big Island by offering tax incentives to owners of properties rented at "affordable" rates.} Re: Comm. 438.2 Intr. by: Mr. Yagong Approve: FC-111 ;and Comm. 438.3: From Clerk Casey Jarman, dated June 8, 2007, transmitting proposed amendments to Bill 106, Draft 2. Bill 112: Amends Chapter 11, Article 1, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Affordable Housing. {Extends the requirements for affordable housing to properties which are being subdivided or developed under plan approval, in cases where the property was zoned without specific affordable housing requirements.} Re: Comm. 465 Intr. by: Mr. Hoffmann Approve: CHA -May 31, 2007 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS Hawaii County Council-14 Page 6 June 20, 2007 ORllER OF THE DAY (SECOND OR FINAL READING) Bill 74 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 Neighborhood Commercial - 40,000 Square Feet (CN-40) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-39:31, 57, 68, and 69 approx. 88,317 square feet). {Ginger Patch, DP, LLC, Applicant.} Re: Comm. 255.4 Intr. by: Mr. Pilago ]s' Reading: June 1, 2007 Bill 105: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 30, 2007. {Increases revenues in Federal Grants- Workforce Investment Act (WIA) 2007 ($1,184,707); appropriates to the following: WIA -Administration Planning 2007-08 ($118,470), WIA -Adult Program 2007-08 ($397,656), WIA -Dislocated Worker Program 2007-08 ($264,322), and WIA -Youth Program 2007-08 ($404,259), for a total of $1,184,707.} Re: Comm. 433 Intr. by: Mr. Hoffmann 1~` Reading: June I, 2007 Bill 107: 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 Wireless Enhanced 911 (E911) System ($1,007,000); appropriates same to Wireless E911 System. Funds would be used to install and integrate the Pictometry application and imagery into the Positron Wireless E911 system at Police and Fire Dispatch centers. } Re: Comm. 441 Intr. by: Mr. Yagong ls` Reading: June 1, 2007 BiII 108 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 Transfer from General Fund ($77,015.25); appropriates same to Transfer to Capital Projects Fund -Highway. Funds would be used towards the much needed repairs for the Kama`oa Road in Ka`u.} Re: Comm. 443.2 Intr. by: Mr. Jacobson 1 s' Reading: June 1, 2007 Ha~aai'i County Council-14 Page 7 June 20, 2007 Bill 109 Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and (Draft 2): Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds PUBLIC WORKS: Road Repairs in Ka`u District ($77,015.25); funds shall be provided from General Obligations Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($77,015.25).} Re: Comm. 443.3 Intr. by: Mr. Jacobson Is` Reading: June 1, 2007 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 156 Amends Chapter 1 l (Housing), Article I, Section 11-4(d), Hawai`i County Code (Draft 5) 1983 (2005 Edition), to Include Affordable Housing Requirements for Industrial (2004-2006): Park Developments. {Requires industrial park developments, consisting of multiple individual enterprises which cumulatively generate over 100 employees on a fulltime equivalent basis, to earn one affordable housing credit for every four fulltime equivalent jobs created; and rezonings to ML, MG, or MCX, approved after the effective date of this ordinance with a potential to generate more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalentjobs created.} Re: Comm. 200.30 Intr. by: Mr. Yoshimoto Postponed: November 9 and December 7, 2005 ls` Reading: March 9, 2007 Held Over Pursuant to Council Rule 26(e): March 21, April 4 and 18, 2007 Filed: May 2, 2007 (due to the vote of 4-ayes and 5-noes) Reconsidered: May 16, 2007 (motion to reconsider passes due to the vote of 8-ayes and 1-no) Held Over Pursuant to Council Rule 11-9(b):June 1, 2007 (Note: Due to the tie vote of4-ayes, 4-noes, and 1-absent, Bill 156 (Draft 5) and Comm. 200.31 have been placed on this agenda.) (Note: There is a pending motion by Mr. Yagong and duly seconded by Mr. Jacobson to approve Bill 156, Draft 5.) ;and Comm. 200.31: From Council Member Dominic Yagong, dated Apri127, 2007, transmitting a proposed amendment to Bill 156, Draft 5. Hawaii County Council-14 Page 8 June 20, 2007 REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ending April 30, 2007. FC-109 Recommends Approval of the Nomination of Ms. Tricia Malanka (Council (Comm. 439): District 7) to the Board of Ethics. FC- 110 Recommends Approval of the Nomination of Mr. Gerald E. Perkins (Council (Comm. 440): District 1) to the Salary 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 MONDAY, JULY 9, 2007 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, JULY 10, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM - H[LO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, JULY 24, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, JULY 25, 2007 COUNCIL 9:OOa.m. SHERATONKEAUHOU BAY RESORT & SPA Hawaii County Council-14 Page 9 June 20, 2007 AllJOURNMENT 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 by June 18, 2007. Persons using TDDs may call 961-852]. 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. V ideoconferencin¢ is available at the following locations: • Hilo Council Room at the Ben Franklin Building, Second Floor; and • Waimea Council Office at the Holomua Center. If, for technical or other unanticipated 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 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 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 counciltestimony@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 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, 333 Kilauea Avenue, Hilo, Hawaii 96720. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, June 27, 2007, at 6 p.m.; Sunday, July I, 2007, at 10:30 a.m.; and Wednesday, July 4, 2007, at 6 p.m.