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HomeMy WebLinkAboutAGE COUNCIL 2008/10/22 2006-2008PETE HOFFMANN Clruir & Presiding Officer K. ANGEL PILAGO Vice Clmir COUNTY COUNCIL Cozmry of Hawai `i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 48'x' Session ORDER OF BUSINESS INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL UF' MINUTES Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Wednesday, October 22, 2008 8:30 a.m. BRENDA FORD STACY K. HIGA DONALDIKEDA BOBJACOBSON EMILY L NAEOLE DOMINIC YAGONG J YOSHIMOTO rv G 7 c> o Uy -. - _ -ro ' ~ W t i ~ _ ~-. _. c,~ Pastor Munty Stewart of Kona Church of the Nazarene August 27, 2008 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Lrlerests of the people of Our Island Huwai `i Couurp is me Equal Opportunity Provider and Employer. Hawaii County Council-48 Page 2 October 22, 2008 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 758-08: Requests that the Department of Environmental Management (DEM) Investigate the Feasibility of Installing a Photovoltaic System at One or More Wastewater Treatment Plants in the County. {Directs the DEM to investigate the feasibility of installing a solar system for its wastewater treatment facilities by March 1, 2009, and that such analysis should determine the size and type of solar system to be installed, the recommended locations for installation, and a financial analysis for determining the value of the County's investment in this system. Further directs the DEM to present the results of this study to the Council by May 1, 2009; and should the installation prove to be a sensible investment, directs the DEM to consider issuing a request for proposals by July 1, 2009, for a private sector investor to buy, install, and manage the system. } Re: Comm. 1460 Intr. by: Mr. Hoffmann Approve: FESC-7 Res. 762-08: Authorizes the Acceptance of a Monetary Donation of $1,000 to the Hawaii County Police Department. {Donated by Hawaii Police Athletic Federation and funds would be used for the Department's Hawaii Isle Police Activities League (HI-PAL) program. } Re: Comm. 1478 Intr. by: Mr. Yagong Approve: FC-338 Res. 763-08: Requests that the Administration Attempt to Increase Public Awareness Regarding Their Proposed Amendment to Chapter 10 of the Hawaii County Code Relating to Erosion and Sedimentation Control by Holding Community Meetings in the Six Moku Land Divisions of Hawaii Island. {Public meetings would be held in Hilo, Puna, Ka`u, Kona, Kohala, and Hamakua to obtain public input on community concerns regarding erosion, sedimentation, flooding, and the Administration's proposed amendments to Chapter 10. } Re: Comm. 1480.2 Intr. by: Ms. Ford Approve: PWIRC-98 ;and Comm. 1480.13: From Council Member Brenda J. Ford, dated October 9, 2008, requesting Public Works Director Bruce McClure to provide a public meetings' schedule. Hawaii County Council-48 Page 3 October 22, 2008 Res. 769-08: 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 Department of Parks and Recreation, Recreation Division Other Current Expense (Positive Coaching Workshops -Council District 3). Contingency Relief funds from District 3 would be used towards positive coaching workshops in Council District 3. } Re: Comm. 1497 Intr. by: Mr. Yoshimoto Waived: FC Res. 770-08: Requests a Status Update and Protective Recommendations from the State Department of Health, the Hawaii County Farm Service Agency, and the Hawaii County Civil Defense Agency Relating to the Potential Health Risks and Economic Impacts Resulting from Increased Vog Emissions. {Requests a comprehensive update to be presented at the Council's October 22, 2008, meeting outlining the potential health risks, economic impacts, mitigation methods, safety recommendations, and protective measures that would help minimize potential health and economic impacts resulting from increased vog emissions. } Re: Comm. 1498 Intr. by: Mr. Pilago Waived: PSPRC ;and Comm. 1498.1: From Council Member K. Angel Pilago, dated October 14, 2008, requesting to provide a status update on the above matter. Res. 771-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Hawaii Fire Department Training and Volunteer Fire Other Current Expense Public Safety Supplies (Uniform Shirts for Volunteer Fire Fighters). Contingency Relief funds from District 1 would be used to purchase uniform shirts for the Volunteer Fire Fighters in the District of Hamakua. } Re: Comm. 1499 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-48 Page 4 October 22, 2008 Res. 772-08: 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 Hawaii Fire Department Training and Volunteer Fire Other Current Expense-Public Safety Supplies (Volunteer Firefighter uniform shirts). Contingency Relief funds from District 5 would be used towards the purchase of uniform shirts for the Fire Department. } Re: Comm. 1500 Intr. by: Ms. Naeole Waived: FC Res. 773-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expense (75t'' Anniversary of the Planting of the Banyan Trees on Banyan Drive - $1,000; 2009 Waimea Cherry Blossom Heritage Festival - $1,500; 2008 Veteran's Day Parade - $1,500; and Queen Lili`uokalani Festival - $1,000). Contingency Relief funds from District 4 would be used towards the following projects: 75t'' Anniversary of the Planting of the Banyan Trees, 2009 Waimea Cherry Blossom Festival, 2008 Veteran's Day Parade, and the Queen Lili`uokalani Festival. } Re: Comm. 1501 Intr. by: Mr. Higa Waived: FC Res. 774-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Fire Department Training and Volunteer Fire Other Current Expense (Public Safety Supplies). Contingency Relief funds from District 6 would be used to purchase uniform shirts for Volunteer Fire Fighters. } Re: Comm. 1502 Intr. by: Mr. Jacobson Waived: FC Hawaii County Council-48 Page 5 October 22, 2008 Res. 776-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney Kona Prosecuting Attorney Other Current Expense (Island of Hawaii YMCA-Kona). Contingency Relief funds from District 7 would be used towards the Kona Family YMCA's A+ afterschool program and the intersession camps. } Re: Comm. 1504 Intr. by: Ms. Ford Waived: FC Res. 783-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Management, Office of Management Other current Expense (West Hawaii Civic Center). Contingency Relief funds from District 8 would be used to defray costs associated with the West Hawaii Civic Center's Ground Blessing.} Re: Comm. 1515 Intr. by: Mr. Pilago Waived: FC Res. 784-08: 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 Hawaii Fire Department Training and Volunteer Fire Other Current Expense Public Safety Supplies (Uniform Shirts for Volunteer Fire Fighters). Contingency Relief funds from District 8 would be used to purchase uniform shirts for the Volunteer Fire Fighters. } Re: Comm. 1516 Intr. by: Mr. Pilago Waived: FC 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) (NOTE: COUNCIL WILL TAKEA ONE-HOUR LUNCHBREAK CLOSE TO THE NOONHOUR.) Hawaii County Council-48 Page 6 October 22, 2008 BILLS FOR ORDINANCES (FIRST READING) Bill 148 Amends Chapter 25 (Zoning Code) of the Hawaii County Code Related to (Draft 2) Agricultural Tourism. {Addresses the permissibility of agricultural tourism and its (2004-2006): impacts in the various zoning districts; by Plan Approval, allows agricultural tourism up to a certain scale as an accessory use to the agricultural activities and/or agricultural products processing in the A, FA, IA, RA, and APD zoning districts; and reinserts language relating to action on a plan approval application, which was inadvertently left out. This bill clearly establishes the permissibility of agricultural tourism in the various commercial and industrial zoning districts. } Re: Comm. 426.22 Intr. by: Mr. Hoffmann and Mr. Pilago Approve: PC-98 Bi11321: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning 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 - 10,000 Square Feet (CG-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-025:011 (approx. 9,886 square feet). {Freditas Udani, Applicant.} Re: Comm. 1320 Intr. by: Mr. Pilago Approve: PC-99 Bi11323 Amends Chapter 19, Article 7, Sections 19-53, 19-58.1 and 19-58.2, Hawaii (Draft 2): County Code 1983 (2005 Edition, as Amended), Relating to Real Property Taxes- Nonspeculative Residential Use. {Proposes the following amendments: inserts a purpose statement; new applications would no longer be accepted; the owner may cancel the dedication without imposition of retroactive taxes when converting into the homeowner class; inserts a deadline to cancel dedication; a new valuation formula for converting into the homeowner class; re-instates renewal provisions, and Subsection 19-53(g)(2) and (3), Sections 19-58.1 and 19-58.2 would eventually be repealed. } Re: Comm. 1326.5 Intr. by: Mr. Yoshimoto Approve: FC-341 Hawaii County Council-48 Page 7 October 22, 2008 Bi11367 Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009. {Adds PUBLIC WORKS: Department of Public Works Facilities Energy Efficient Systems ($2,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($2,500,000). Encourages the Public Works Department to embark on improving the energy efficiency of its facilities islandwide and provide new and existing facilities with energy efficient systems. } Re: Comm. 1454 Intr. by: Mr. Yagong Approve: FC-342 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bi11369: Adopts the County of Hawaii South Kohala Community Development Plan (CDP). {The planning area for the South Kohala CDP encompasses the judicial district of South Kohala. } Re: Comm. 1470 Intr. by: Mr. Pilago Approve: PC-96 Bi11370: Amends Section 25-8-21 (Laupahoehoe-Ninole Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 15,000 Square Feet (RS-15) to Single Family Residential - 10,000 Square Feet (RS-10) at Manowaiopae, North Hilo, Hawaii, Covered by Tax Map Key 3-6-008:002 (approx. 22,366 square feet). {Raymond and Jane Otomo, Applicants.} Re: Comm. 1471 Intr. by: Mr. Pilago Approve: PC-97 Bi11371: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Contribution from Private Source ($1,000); appropriates same to Hawaii Isle Police Activities League -Other Current Expense. } Re: Comm. 1478 Intr. by: Mr. Yagong Approve: FC-339 Hawaii County Council-48 Page 8 October 22, 2008 Bi11372 Amends Ordinance No. 01-118 of the County ofHawai`i, Relating to Certain Matters (Draft 2): Concerning the County's Outstanding Improvement District No. 17, Kaloko Subdivision, 2001 Special Assessment Refunding Bonds. {Amends Ordinance 01-118 to permit the Bank of New York to continue as paying agent for the 2001 Special Assessment Refunding Bonds or allow the County to act as its own paying agent. } Re: Comm. 1479.2 Intr. by: Mr. Yagong Approve: FC-340 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) AND REPORTS ORDER OF THE DAY (SECOND OR FINAL READING) Res. 748-08: Provides for the Acquisition of Parcel 1-A-1, Which is a Portion of Real Property Identified as Tax Map Key. (3)7-7-004:089, Situate in the District of North Kona, County and State of Hawaii, for the Kahului-Keauhou Parkway. {Authorizes the acquisition of private property by eminent domain for construction of the Kahului- Keauhou Parkway, from Kailua-Kona to Keauhou (consists of approx. 3.017 acres).} Re: Comm. 1458 Intr. by: Mr. Pilago 1St Reading: October 8, 2008 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes Bi11353 Amends Chapter 18, of the Hawaii County Code 1983 (2005 Edition, as (Draft 2): Amended), Relating to Public Transportation. {Increases taxi meter rates per 1/8 mile of travel and one minute of waiting time from 30 cents to 40 cents, and adds a new section stating that the taxi meter fare schedule maybe evaluated on an annual basis to make a determination to either increase or decrease taxi meter rates. } Re: Comm. 1439.1 Intr. by: Mr. Yagong 1St Reading: October 8, 2008 Bi11364 Amends Ordinance No. 465 Which Reclassified Lands from Agricultural - 1 Acre (Draft 3): (A-la) to Neighborhood Commercial - 7,500 Square Feet (CN-7.5) at Kealakekua, South Kona, Hawaii, Covered by Tax Map Key 8-2-13: Portion of 2 (approx. 1.1774 acres). {Amy B. H. Greenwell Ethnobotanical Garden, Applicant. } Re: Comm. 1444.4 Intr. by: Ms. Ford 1St Reading: October 8, 2008 Hawaii County Council-48 Page 9 October 22, 2008 Bi11365 Adopts the County of Hawaii North Kohala Community Development Plan (CDP). (Draft 2): {The planning area for the North Kohala CDP encompasses the judicial district of North Kohala. } Re: Comm. 1445.5 Intr. by: Mr. Yagong 1St Reading: October 8, 2008 Bi11366: Amends Chapter 2 ofthe Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Parity Liens. {Adds a new section relating to Lien Parity which clarifies treatment of parity liens as it relates to payments, when such parity is required by law. The immediate application will apply to payments received on real property taxes and special taxes for Business Improvement Districts and Community Facilities Districts. } Re: Comm. 1453 Intr. by: Mr. Yagong 1St Reading: October 8, 2008 Bi11368: 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 $1,000,000 General Obligation Bonds of the County of Hawaii for the Purpose of Financing Qualified Wastewater Public Improvements of the County of Hawaii. {Funds would be used for the County's Komohana Heights Large Capacity Cesspool Replacement project and authorizes the issuance of the bonds for the purpose of financing this project.} Re: Comm. 1455 Intr. by: Mr. Yagong 1St Reading: October 8, 2008 Bi11374: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Federal Grants -Reed Act (Act 189) ($2,000,000); appropriates to the following: Operation Mainstream II State of Hawaii Department of Labor and Industrial Relations ($603,752), Employer Outreach II State of Hawaii Department of Labor and Industrial Relations ($264,164), System Building -Hawaii Island Workforce and Economic Development `Ghana, Inc. ($678,183), State-Administration /Hire Net Cost State of Hawaii Department of Labor and Industrial Relations ($253,901), and Office of Housing and Community Development (OHCD)-Administration $200,000, for a total of $2,000,000. } Re: Comm. 1490 Intr. by: Mr. Hoffmann 1St Reading: October 8, 2008 Hawaii County Council-48 Page 10 October 22, 2008 REPORTS FC-337 Recommends acceptance of the donation of two Krown Research TDD machines (Comm. 1477): (total estimated value of $40) by James Churchill and would be used by the Dispatch Section of the Police Department. REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to HRS Section 92-4 and Rule 11 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 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 for this meeting should ca11961-8255 by October 20, 2008. TTY users may use Relay Service (711)(961-8255) to contact our office. The agenda is available on the County Council-Clerk web page at http://co.hawaii.hi.us/council/agendas_and_actions.htm. Copies of the agenda and items listed on the agenda are available at the County Clerk's Office, 333 Kilauea Avenue, Hilo; the Office of the Mayor, 75-5706 Kuakini Highway, Suite 103, Kailua-Kona; the Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and the Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea. For further information, please ca11961-8255. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") § 92-3.5, the Hawaii County Council will be conducting its October 22, 2008, meeting via videoconference. Council Members will be present at the following locations: County Council Room -Ben Franklin Tower, 2°d Floor, 333 Kilauea Avenue, Hilo, HI 96720 Sheraton Keauhou Bay Resort and Spa, 78-128 Ehukai Street, Kailua-Kona, HI 96740. Videoconferencin~ is available at the following locations; Waimea will be available unti14:30 p.m., or later in the event public witness testimony has not been completed: • Hilo Council Room at the Ben Franklin Building, Second Floor; and • Waimea Council Office at the Holomua Center. Hawaii County Council-48 Page 11 October 22, 2008 If audio stream between Hilo and Kona is lost for more than a short period of time, the meeting will be terminated. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. Submitting Testimony: Those wishing to testify in person must register with the County Clerk's staff. Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Testimony may also be submitted (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni St., Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestimon ~ a,co.hawaii.hi.us. Please submit separate testimony for each item. For testimony received via e-mail or fax, copies will be distributed at the meeting when transmitted in a timely manner. All oral and written testimony will be made a part of the public record. Viewing of Meetings on Government Access Television -Channel 52: Wednesday's, October 29 and November 5, 2008, at 6 p.m.; and Sunday, November 2, 2008, at 10:30 a.m. UPCOMING MEETINGS COMMITTEES COUNCIL COMMITTEES COUNCIL THURSDAY, NOVEMBER 6, 2008 TBA SHERATON KEAUHOU FRIDAY, NOVEMBER 7, 2008 TBA BAY RESORT & SPA SHERATON KEAUHOU BAY RESORT & SPA THURSDAY, NOVEMBER 20, 2008 TBA FRIDAY, NOVEMBER 21, 2008 TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor