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HomeMy WebLinkAboutAGE COUNCIL 03/02/2011 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer PETE HOFFMANN Vice Chair S Session COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 ORDER OF BUSINESS Hawaii County Council 25 Aupum Street Hilo, Hawaii Wednesday, March 2, 2011 9:00 a.m. INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE Reverend Junshin Miyazaki of Hilo Meishoin FRED BLAS BRENDA FORD DONALD IKEDA DENNIS "FRESH" ONISHI K. ANGEL PILAGO BRITTANY SMART J YOSHIMOTO (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council -8 Page 2 March 2, 2011 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) APPROVAL OF MINUTES January 5, 2011 COMMUNICATIONS Comm. 106: PUBLIC HEARING RE THE 2011 OPERATING AND CAPITAL BUDGETS From Council Member Brenda Ford, dated February 14, 2011, stating that in complying with the Hawaii County Charter, Section 10 -4, requests a public hearing and discloses that it will be held on March 21, 2011, at 5 p.m. in the Council Room at 25 Aupum Street, Hilo (with videoconferencing at the West Hawaii Civic Center and Waimea Council office). ORDER OF RESOLUTIONS Res. 32 -11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $500 TO THE HAWAII COUNTY POLICE DEPARTMENT FOR THE PURCHASE OF MATERIALS TO EDUCATE THE PUBLIC AGAINST MET14AMPHETAMINE DRUGS Donated by the Hawaii Police Athletic Foundation, the funds would be used to purchase materials such as brochures and pamphlets for the specified public education project. Re: Comm. 80 Intr. by: Mr. Ford (B /R) Approve: FC -24 Res. 33 -11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $1,000 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT THE LAWA KUA NUI / BIG KIDS HAWAII PROGRAM Donated by Atlas Recycling Centers, LLC, the funds would be used to support the Lawa Kua Nui / Big Kids Hawaii Program, which provides educational and athletic opportunities for children in grades five to eight, who are unable to participate because they exceed the program's weight restrictions. Re: Comm. 85 Intr. by: Ms. Ford (B /R) Approve: FC -27 Hawaii County Council -8 Page 3 March 2, 2011 Res. 34 -11 (Draft 2): AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF A MULTI - FISCAL YEAR AGREEMENT FOR FURNISHING AND IMPLEMENTING ORGANIC WASTE DIVERSION SITES AND COMPOST OPERATIONS IN WEST HAWAII AND EAST HAWAII FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Proposes to contract the operation of organic waste diversion sites based on a ten -year agreement at an estimated price per ton not to exceed an annual average of $70, and to provide the Director of Environmental Management with the ability to negotiate for two option periods of up to five years each to extend the contracted services subject to review by the Council. (The current contract extension for green waste operation expires on June 30, 2011.) Re: Comm. 86.3 Intr. by: Ms. Ford Approve: FC -28 Res. 36 -11: AUTHORIZES THE COUNTY OF HAWAII TO ENTER INTO A MULTI -YEAR CONTRACT FOR ELECTRONIC AND PRINTED LEGAL RESEARCH FOR THE OFFICE OF THE CORPORATION COUNSEL Authorizes a multi -year contract (five years) with West, a Thomson Reuters Business, in an amount not to exceed $250,000 plus tax, to provide electronic and printed research services. Re: Comm. 88 Intr. by: Ms. Ford Approve: FC -29 Res. 37 -11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE OF TWO HIGH VOLUME MULTIFUNCTION COPY MACHINES FOR THE OFFICE OF THE COUNTY CLERK- SUPPORT SERVICES DIVISION Support Services currently utilizes two 4110 model copiers that are over five years old, which are experiencing mechanical failures. Seeks to lease two copy machines through the procurement process with the term of the agreement to not exceed five years. Re: Comm. 97 Intr. by: Ms. Ford Waived: FC Hawaii County Council -8 Page 4 March 2, 2011 Res. 39 -11 AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE OF ONE MULTI - FUNCTION COPY MACHINE FOR THE COUNCIL OFFICES LOCATED AT THE WEST HAWAII CIVIC CENTER The Council offices currently utilize a County -owned Ricoh Lanier Model LD225 copier that is over five years old, which is experiencing mechanical and electronic failures. Seeks to lease a new copy machine through the procurement process with the term of the agreement to not exceed five years. Re: Comm. 102 Intr. by: Ms. Ford Waived: FC Res. 43 -11: URGES MAYOR WILLIAM P. KENOI TO REQUEST GOVERNOR NEIL ABERCROMBIE TO RELEASE THE $18.1 MILLION ALLOTMENT FROM THE GENERAL OBLIGATION BOND FUND FOR THE KA`U HIGH AND PAHALA ELEMENTARY SCHOOL GYMNASIUM /CIVIL DEFENSE Urges Mayor Kenoi to submit a follow -up request to Governor Abercrombie for the release of the $18.1 million expenditure allocated by the State to design, construct, and purchase necessary equipment for the Ka`u High and Pahala Elementary School gymnasium /civil defense shelter. Re: Comm. 109 Intr. by: Ms. Smart Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 19: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Article 10, Division 6, Section 24 -288, Schedule 36 (freight loading zones), Subsection (c) South Hilo, by adding: "Kino`ole Street, northeast side, beginning from a point two hundred thirty -five feet southeast of Haili Street and extending sixty -three feet in the southeasterly direction from 5:00 a.m. to 3:00 p.m., Monday through Friday." Re: Comm. 74 Intr. by: Mr. Blas Approve: PWPRC -8 Hawaii County Council -8 Page 5 March 2, 2011 Bill 20: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION. AS AMENDED)_ RELATING TO VEHICLES AND TRAFFIC Amends Article 8, Division 3, Section 24 -210 (hours of freight loading zones; schedule), Subsection (a), as follows: "The provisions regarding freight [ettfb] loading zones shall be applicable only between the hours of 8:00 a.m. [to] and 4:00 p.m. of any day, except Sundays and public holidays [ -] unless otherwise described in schedule 36, section 24 -288. When the provisions are not in effect, vehicles may park in freight [e-ub] loading zones unless otherwise prohibited by this chapter." Re: Comm. 75 Intr. by: Mr. Blas Approve: PWPRC -9 Bill 21: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Article 10, Division 5, Section 24 -284, Schedule 32 (two hour parking areas), Subsection (c) South Hilo, Paragraph 16, as follows: "Kino`ole Street, [makai] northeast side, from Kalakaua Street to a point two hundred seventy -nine feet southeast of Mamo Street [;] except for freight loading zone, beginning from a point two hundred thirty -five feet southeast of Haili Street and extending g sixt - tsixt -tom feet in the southeasterly direction from 5:00 a.m. to 3:00 p.m., Monday through Friday, as set forth in section 24 -288, schedule 36, freight loading zones; [ma-tik] southwest side, from Waianuenue Avenue to Haili Street." Re: Comm. 76 Intr. by: Mr. Blas Approve: PWPRC -10 Bill 22: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Article 10, Division 5, Section 24 -280, Schedule 28 (no parking at anytime), Subsection (c) South Hilo, by adding: "Holomua Street, east side, from Wiwoole Street and extending one hundred thirteen feet in the southerly direction." Re: Comm. 77 Intr. by: Mr. Blas Approve: PWPRC -11 Bill 23: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Article 10, Division 2, Section 24 -264, Schedule 12 (Stop intersections), Subsection (e) Kohala, by adding: "Mang Place, approach to Mana Road." Re: Comm. 78 Intr. by: Mr. Blas Approve: PWPRC -12 Hawaii County Council -8 Page 6 March 2, 2011 Bill 24: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Article 10, Division 2, Section 24 -264, Schedule 12 (Stop intersections), Subsection (b) North Hilo, by adding: " Kapehu Road, approach to Kapehu Homestead Road." Re: Comm. 79 Intr. by: Mr. Blas Approve: PWPRC -13 Bill 25: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in Contribution from Private Source ($500) and appropriates same to Police Administration Division -Other Current Expenses. Re: Comm. 80 Intr. by: Ms. Ford (B /R) Approve: FC -25 Bill 26: AMENDS CHAPTER 2 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW SECTION RELATING TO THE FUND BALANCE Establishes a policy regarding the dates on which the Department of Finance shall deliver information to the Council relating to the unaudited and audited, unassigned fund balances. Provision of the unassigned fund balance on these dates allows the Council the time to evaluate, facilitate recommendations by suggestion, and potentially make policy decisions regarding the annual budget. Re: Comm. 82 Intr. by: Ms. Ford Approve: FC -26 Bill 28: AMENDS CHAPTER 11, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING POLICY Amends Section 11 -5 (Satisfaction of affordable housing requirements) by adding language relating to the percentage requirements for affordable housing; and amends Section 11 -14 (Resale restrictions) relating to the sale of any affordable unit. Re: Comm. 108 Intr. by: Mr. Hoffmann Hawaii County Council -8 Page 7 March 2, 2011 Bill 291 (Draft 2): (2008 -2010) AMENDS CHAPTER 25 (ZONING), ARTICLE 4, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW DIVISION RELATING TO TSUNAMI SIRENS Ensures that any coastal development meeting the parameters of this ordinance that has not received plan approval prior to the enactment of this ordinance will include a tsunami siren in its design and construction. (Adds the following sections to the new division: "Definitions," "Applicability," "Tsunami siren required; exemption," and "Tsunami siren compatibility; approval by civil defense agency." Re: Comm. 925.2 Intr. by: Mr. Hoffmann Approve: HSSPSC -1 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 13: PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25, ARTICLE 2, ARTICLE 4 AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO USE PERMITS AND TELECOMMUNICATION ANTENNA AND TOWER WITHIN THE OPEN ZONE DISTRICT Provides a mechanism to allow for a more thorough review of any future proposal to establish a telecommunication antenna or tower upon lands designated Open (0) by the County. Re: Comm. 47 Intr. by: Mr. Hoffmann First Reading: February 16, 2011 Bill 14: PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25, ARTICLE 2 AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO USE PERMITS AND SCHOOLS Allows landowners and applicants the opportunity to apply for a Use Permit for the establishment of a school within the Hotel -Resort (V), Industrial - Commercial Mixed (MCX), General Industrial (MG), and Limited Industrial (ML) zoned districts. Re: Comm. 48 Intr. by: Mr. Hoffmann First Reading: February 16, 2011 Hawaii County Council -8 Page 8 March 2, 2011 Bill 15: 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 INDUSTRIAL COMMERCIAL /MIXED — 20,000 SQUARE FEET (MCX -20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: (3)2 -2- 050:040 Tanouye Family Partners, Applicant; approx. 25,000 square feet. Re: Comm. 59 Intr. by: Mr. Hoffmann First Reading: February 16, 2011 Bill 16: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in Contribution from Private Source ($1,175.75) and appropriates same to Police Administration Division -Other Current Expenses. Re: Comm. 62 Intr. by: Ms. Ford First Reading: February 16, 2011 Bill 17 (Draft 2): AMENDS CHAPTER 14, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE RELATING TO PLASTIC BAG REDUCTION Reduces the use of plastic bags and encourages the use of environmentally preferable alternatives, such as reusable bags (addresses only plastic shopping bags distributed to customers at checkout). States the Environmental Management Director shall administer this article including providing education and enforcement, and shall adopt administrative rules including defining permissible bags and establishing penalties pursuant to Hawaii Revised Statutes, Chapter 91, within 180 days from the effective date of this ordinance. Re: Comm. 64.56 Intr. by: Mr. Hoffmann First Reading: February 16, 2011 Hawaii County Council -8 Page 9 March 2, 2011 Bill 18 (Draft 2): AMENDS THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ESTABLISHING A NEW CHAPTER RELATING TO REDISTRICTING Establishes criteria and procedures in addition to that contained in the Charter relating to redistricting, and incorporates Federal case law into Hawaii County's redistricting policy. Re: Comm. 67.18 Intr. by: Ms. Ford First Reading: February 16, 2011 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended December 31, 2010, from the Department of Finance. REFERRALS FOR EXECUTIVE SESSION Comm. 101: CLAIM AGAINST THE COUNTY /FARMERS INS RE: CHELSEA NICHOLS From Deputy Corporation Counsel Brooks L. Bancroft, dated February 14, 2011. The Council anticipates convening an executive meeting regarding the above matters, pursuant to Section 92- 5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to HRS Section 92 -4 and Rule 10 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 call 961 -8255 by February 28, 2011. Relay users please call 711(961 -8255) to contact our office. Copies of this agenda and items listed on the agenda are available on the County Council -Clerk web page at http: / /co.hawaii.hi.us/ council /agendas_ and_actions.htm For further information, please call 961 -8255. Hawaii County Council -8 Page 10 March 2, 2011 Public Attendance via Videoconference is available at the following locations until 6:30 p.m., or later in the event public witness testimony has not been completed: • Kona Council Office at the West Hawaii Civic Center, 74 -5044 Ane Keohokalole Highway, Building A and • Waimea Council Office at the Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5. If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. .Submitting Testimony Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupum Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to counciltestimon v a,co.hawaii.hi.us Please submit separate testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: Wednesdays, March 9 th and 16 at 6 p.m. (to follow viewing of the Council meeting held on March i '); Fridays, March l P h and 18 at 12 p.m. (to follow viewing of the Council meeting held on March is '); and Sundays, March 13 and 20 at 9 a.m. (to follow viewing of the Council meeting held on March is '). (These airtimes are subject to preemption by broadcasts from the State Legislature.) UPCOMING MEETINGS COMMITTEES COUNCIL COUNCIL PUBLIC HEARING RE 2011 OPERATING AND CAPITAL BUDGETS TUESDAY, MARCH 15, 2011 TBA TBA WEDNESDAY, MARCH 16, 2011 9:00 A.M. TBA MONDAY, MARCH 21, 2011 5:00 P.M. COUNCIL ROOM — HILO 25 Aupuni Street