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HomeMy WebLinkAboutAGE COUNCIL 03/16/2011 2010-2012 ACTIONSDOMINIC YAGONG Chairperson and Presiding Officer PETE HOFFMANN Vice Chair 9 1h gegq1nn COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 FRED BLAS BRENDA FORD DONALD IKEDA DENNIS "FRESH" ONISHI K. ANGEL PILAGO BRITTANY SMART J YOSHIMOTO ORDER OF BUSINESS Hawaii County Council Council Chambers West Hawaii Civic Center 74 -5044 Ane Keohokalole Highway, Building A Kona, Hawaii Wednesday, March 16, 2011 9:00 a.m. INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE Kahu Daniel "Kaniela" Kahikina Akaka, Jr., Director of Cultural Affairs, Mauna Lani Resort 9:10 A.M. (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 -9 Page 2 March 16, 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 20, 20 POSTPONED AYES: NOES: ABSENT: EXCUSED: 11 Council Members Blas, Ford, Hoffmann, Ikeda, Onishi Pilago, Smart, Yoshimoto, and Chair Yagong — 9. None. None. None. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 41 -11: PROPOSES THE ESTABLISHMENT OF A WATER SYSTEM IMPROVEMENT DISTRICT FOR THE KONA OCEAN VIEW PROPERTIES SUBDIVISION The Council, upon consideration of the findings, conclusions, and recommendations set forth in the Manager's Report, and the potential benefits of available USDA Rural Utilities Service grant and loan funds, has determined to proceed with further actions regarding the potential establishment and funding of the Improvement District, which will encompass the Kona Ocean View Properties Subdivision, located at Pu`ukula, North Kona. Re: Comm. 104 Intr. by: Mr. Pilago Approve: PWPRC -14 ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawaii County Council -9 Page 3 March 16, 2011 Res. 42 -11: APPROVES THE ESTABLISHMENT OF A SISTER -CITY RELATIONSHIP BETWEEN KUMEJIMA AND THE COUNTY OF HAWAII, AND AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO ENTER INTO A FORMAL SIGNED AGREEMENT Requests the Mayors of Kumejima and the County of Hawaii execute the necessary documents for the establishment of a Sister -City program. Re: Comm. 105 Intr. by: Mr. Pilago Approve: GRC -2 POSTPONED TO THE CALL OF THE CHAIR AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 44 -11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE OF ONE COPIER FOR THE OFFICE OF AGING Authorizes a multi -year lease agreement for five years, at a cost not to exceed $200 per month, as their current copier lease has expired. Re: Comm. 110 Intr. by: Ms. Ford (B /R) Approve: FC -30 ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawaii County Council -9 Page 4 March 16, 2011 BILLS FOR ORDINANCES (FIRST READING) Bill 33: 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 Housing Voucher Program ($2,500,000) and appropriates same to Voucher Rental Subsidies. Funds would be used to pay for the rental assistance of eligible participants in the Housing Choice Voucher (Section 8) Program. The Office of Housing and Community Development expects to expend this allocation by June 30, 2011. Re: Comm. 125 Intr. by: Ms. Ford (B /R) Waived: FC PASSED 1 ST READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 268 (Draft 2): AMENDS CHAPTER 9 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS (2008 -2010) AMENDED), RELATING TO THE COUNTY ELECTRICAL CODE The State Building Code Council has reviewed and proposed the adoption of the 2008 National Electrical Code (NEC) with amendments (with the exception of the administrative portion of the code which varies by each County). (There are substantial changes to most sections.) Re: Comm. 874.3 Intr. by: Mr. Hoffmann Waived: PWIRC Postponed: September 9, 2010 RECOMMITS BILL 268 (DRAFT 2) TO THE PUBLIC WORKS AND PARKS AND RECREATION COMMITTEE AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. (Note: There is a pending motion by Mr. Enriques and duly seconded by Ms. Ford to approve Bill 268, Draft 2). ;and Comm. 126: From Council Chairperson Dominic Yagong, dated March 3, 2011, stating that he is placing Bill 268, Draft 2, on the agenda to consider Public Works Director Warren Lee's request to recommit this bill to the Council's Public Works and Parks and Recreation Committee. Hawaii County Council -9 Page 5 March 16, 2011 Bill 269 (Draft 2): AMENDS CHAPTER 17 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS (2008 -2010) AMENDED), RELATING TO PLUMBING The State Building Code Council has reviewed and proposed the adoption of the 2006 Uniform Plumbing Code (UPC) with amendments (with the exception of the administrative portion of the code which varies by each County). (There are substantial changes to most sections.) Re: Comm. 875.6 Intr. by: Mr. Enriques Waived: PWIRC Postponed: September 9, 2010 RECOMMITS BILL 269 (DRAFT 2) TO THE PUBLIC WORKS AND PARKS AND RECREATION COMMITTEE AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. (Note: There is a pending motion by Mr. Enriques and duly seconded by Ms. Naeole to approve Bill 269, Draft 2). ;and Comm. 127: From Council Chairperson Dominic Yagong, dated March 3, 2011, stating that he is placing Bill 269, Draft 2, on the agenda to consider Public Works Director Warren Lee's request to recommit this bill to the Council's Public Works and Parks and Recreation Committee. Bill 270 (Draft 2): REPEALS CHAPTER 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS (2008 -2010) AMENDED), TO BE REPLACED BY A NEW CHAPTER 5, RELATING TO BUILDING The State Building Code Council has reviewed and proposed the adoption of the 2006 International Building Code (IBC) with amendments. (Repeals Chapter 5 of the Hawaii County Code (Building) and replaces it with a new Chapter 5.) Re: Comm. 876.7 Intr. by: Mr. Enriques Waived: PWIRC Postponed: September 9, 2010 RECOMMITS BILL 270 (DRAFT 2) TO THE PUBLIC WORKS AND PARKS AND RECREATION COMMITTEE AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. (Note: There is a pending motion by Mr. Enriques and duly seconded by Ms. Naeole to approve Bill 270, Draft 2). ;and Hawaii County Council -9 Page 6 March 16, 2011 Comm. 128: From Council Chairperson Dominic Yagong, dated March 3, 2011, stating that he is placing Bill 270, Draft 2, on the agenda to consider Public Works Director Warren Lee's request to recommit this bill to the Council's Public Works and Parks and Recreation Committee. Bill 291 (Draft 2): AMENDS CHAPTER 25 (ZONING), ARTICLE 4, OF THE HAWAII COUNTY CODE (2008 -2010) 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 Postponed: March 2, 2011 (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Ms. Smart to approve Bill 291, Draft 2). POSTPONED TO THE CALL OF THE CHAIR AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Pilago — 1 EXCUSED: None. ORDER OF THE DAY (SECOND OR FINAL 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 First Reading: March 2, 2011 AMENDED TO DRAFT 2 AND PASSED 2nd AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Pilago — 1. EXCUSED: None. Hawaii County Council -9 Page 7 March 16, 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 [ettfb] loading zones unless otherwise prohibited by this chapter." Re: Comm. 75 Intr. by: Mr. Blas First Reading: March 2, 2011 PASSED 2nd AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Pilago — 1. EXCUSED: None. 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 First Reading: March 2, 2011 AMENDED TO DRAFT 2 AND PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawaii County Council -9 Page 8 March 16, 2011 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 First Reading: March 2, 2011 PASSED 2nd AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. 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 First Reading: March 2, 2011 PASSED 2nd AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. 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 First Reading: March 2, 2011 PASSED 2nd AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawaii County Council -9 Page 9 March 16, 2011 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) First Reading: March 2, 2011 PASSED 2nd AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 26 (Draft 2): 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 fund balance. 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. 82.3 Intr. by: Ms. Ford First Reading: March 2, 2011 PASSED 2nd AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong — 8. NOES: Council Member Onishi — 1. ABSENT: None. EXCUSED: None. 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 First Reading: March 2, 2011 AMENDED TO DRAFT 2 AND HELD OVER PURSUANT TO COUNCIL RULE 24(e) Hawaii County Council -9 Page 10 March 16, 2011 REPORTS REFERRALS FOR EXECUTIVE SESSION 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 12:31 P.M. 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 March 14, 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. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS ") §92 -3.5, the Hawaii County Council will be conducting this meeting via videoconference. Council Member(s) will be present at the following location(s): • County Council Room, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401; and • Kona Council Room, West Hawaii Civic Center, 74 -5044 Ane Keohokalole Highway, Building A. Public Attendance via Videoconference is available at the locations(s) above and at the Waimea Council Office at the Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5, until 4:30 p.m., or later in the event public witness testimony has not been completed. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. 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 Aupuni 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 23r and 30 at 6 p.m.; Fridays, March 25 and April 1S at 12 p.m.; and Sundays, March 27 and April 3 r at 9 a.m. (These airtimes are subject to preemption by broadcasts from the State Legislature.) Hawaii County Council -9 Page 11 March 16, 2011 UPCOMING MEETINGS COUNCIL PUBLIC HEARING RE 2011 OPERATING AND CAPITAL BUDGETS MONDAY, MARCH 21, 2011 5:00 P.M. COUNCIL ROOM — HILO 25 Aupuni Street COMMITTEES TUESDAY, APRIL 5, 2011 TBA COUNCIL ROOM — HILO 25 Aupuni Street WEDNESDAY, APRIL 6, 2011 COUNCIL 9:00 A.M. COUNCIL ROOM — HILO 25 Aupuni Street