HomeMy WebLinkAboutAGE COUNCIL 05/17/2011 2010-2012 SPECIAL MEETING w a
�� < 0 ` N, FRED BLAS
DOMINIC YAGONG • ,
, Ii ;' ' BRENDA FORD
Chairperson and Presiding Officer "�� �•
. � DONALD IKEDA •
PETE HOFFMANN r DENNIS "FRESH" ONISHI
••. ,; ,of: � K. ANGEL PILAGO
Vice Chair '• .... � �
BRITTANY SMART
J YOSHIMOTO
COUNTY COUNCIL
County of Hawai `i
Hawaii County Building
25 Aupuni Street
Hilo, Hawai `i 96720 _1
._a
16 Session
ORDER OF BUSINESS
SPECIAL MEETING OF THE HAWAII COUNTY COUNCIL
25 Aupuni Street
Hilo, Hawai`i
Tuesday, May 17, 2011
9:00 a.m.
INVOCATION Reverend Brian Welsh of the Haili Church
CALL TO ORDER
PLEDGE OF ALLEGIANCE
(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 -16 May 17, 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 March 1, 2011 and March 2, 2011
COMMUNICATIONS
Comm. 203: NOMINATION OF MR. CLAUDE S. ONIZUKA TO THE LIQUOR CONTROL
ADJUDICATION BOARD
From Mayor Billy Kenoi, dated May 4, 2011, requesting Council's review and
favorable confirmation of the above nomination.
Waived: HSSPSC
Comm. 204: NOMINATIONS OF MR. RODNEY WATANABE AND MR. RILEY SMITH TO
THE LIQUOR COMMISSION
From Mayor Billy Kenoi, dated May 4, 2011, requesting Council's review and
favorable confirmation of the above nominations.
Waived: HSSPSC
ORDER OF RESOLUTIONS
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: March 16, 2011
(Note: There is a pending motion by Mr. Pilago and duly seconded by
Ms. Ford to approve Resolution 42 -11.)
;and
Comm. 105.1: From Executive Assistant to the Mayor Bobby Command, dated March 15, 2011,
requesting the deferral of Resolution 42 -11 concerning the recent earthquake and
tsunami; and
(Communication 105.2 continues on the next page.)
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Hawaii County Council -16 May 17, 2011
Comm. 105.2: From Executive Assistant to the Mayor and Sister -city Protocol Officer
Charmaine Shigemura, dated March 17, 2011, submitting for the Council's
information a report on the status of Hawaii County's active sister -city programs;
and
Comm. 105.3: From Council Member K. Angel Pilago, dated May 4, 2011, requesting that
Resolution 42 -11 be placed on the Council's May 17, 2011 agenda; and
Comm. 105.4: From Council Member K. Angel Pilago, dated May 4, 2011, transmitting proposed
amendments to Resolution 42 -11 relating to the 6 th "WHEREAS" clause and the
"RESOLVE" clause.
Res. 68 -11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY
PURSUANT TO HRS 46 -7, FOR A SAFER (STAFFING FOR ADEQUATE FIRE
AND EMERGENCY RESPONSE) GRANT FOR THE HAWAII FIRE
DEPARTMENT
Enables the County to execute the SAFER program as described in the Fire
Department's Grant Award Summary (see Exhibit "A "). Provides funding directly
to the fire departments and volunteer firefighter interest organizations to help them
increase the number of trained "front line" firefighters available in their
communities.
Re: Comm. 186
Intr. by: Ms. Ford
Approve: FC -56
Res. 69 -11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE OF REAL
PROPERTY
Authorizes the Fire Department to extend the lease agreement for the Na`alehu EMS
Station for an additional two years (located at 95 -1163 Ka`alaiki Road, Na`alehu),
starting on May 1, 2011, with the rent to be set at $1,402.73 per month. This site is
needed in order to comply with the State of Hawai`i's contract to provide EMS services.
The contract states that rent is reimbursable by the State of Hawaii.
Re: Comm. 187
Intr. by: Ms. Ford
Approve: FC -58
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Hawaii County Council -16 May 17, 2011
Res. 70 -11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $50 TO THE
OFFICE OF AGING TO SUPPORT THE HAWAII COUNTY OFFICE OF AGING'S
SILVER BULLETIN NEWSLETTER
Donation by Mr. Herbert and Mary Matayoshi.
Re: Comm. 188
Intr. by: Ms. Ford
Approve: FC -59
Res. 72 -11: TRANSFERS AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND
ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR
SECURITY GUARDS AT THE PAHOA NEIGHBORHOOD FACILITY AND AT ISAAC
KEPO`OKALANI HALE BEACH PARK
Transfers /appropriates $124,000 out and from Geothermal Other Current Expenses; and
credits same to Geothermal Parks and Recreation Other Current Expenses. Funds would be
used for security guards at the Pahoa Neighborhood Facility ($60,000) and Isaac
Kepo`okalam Hale Beach Park ($64,000).
Re: Comm. 196
Intr. by: Mr. Blas
Waived: FC
Res. 73 -11: AUTHORIZES ACCEPTANCE, BY THE COUNTY OF HAWAII DEPARTMENT OF
PUBLIC WORKS, OF SEVEN AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs)
FOR THE WEST HAWAII CIVIC CENTER
Donated by K. Taniguchi, Ltd., with a total estimated value of $10,000.
Re: Comm. 198
Intr. by: Mr. Onishi
Waived: FC
Res. 74 -11: RESCINDS RESOLUTION NO. 4 1 -11 AND TO PROPOSE 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 Rural Utilities Service grant
and loan funds, has determined to proceed with further actions regarding the potential
establishment and funding of the Improvement District for the Kona Ocean View Properties
Subdivision.
Re: Comm. 200
Intr. by: Mr. Pilago
Waived: PWPRC
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Hawaii County Council -16
May 17, 2011
Res. 76 -11: REQUESTS A REVIEW AND POTENTIAL REFORM OF THE COUNTY OF
HAWAII'S REAL PROPERTY TAX STRUCTURE
Urges the Mayor to allocate funds from the 2011 -2012 Operating Budget to contract
with an outside consultant to conduct a comprehensive review of the County's real
property tax structure. The review includes suggested changes, alternatives, and
possible reform not only for residential properties but also agricultural or native forest,
conservation, commercial, hotel and resort, industrial, and all other properties.
Re: Comm. 205
Intr. by: Mr. Hoffmann
; and
Comm. 205.1: From Vice Chair Pete Hoffmann, dated May 5, 2011, stating that he requested a waiver
from the Finance Committee regarding Resolution 76 -11 but the request was denied by
its Chair. States this matter is on the Finance Committee's May 16, 2011 agenda, and
that a Committee Report will be provided to the Council Members prior to the
resolution's reading on May 17
BILLS FOR ORDINANCES (FIRST READING)
Bill 50: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2011
Appropriates revenues in Federal Grants — Staffing for Adequate Fire and
Emergency Response (SAFER) Program ($100,000); and appropriates same to the
SAFER Program — Fire.
Re: Comm. 186
Intr. by: Ms. Ford
Approve : FC -57
Bill 52: AMENDS CHAPTER 11, HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO REMOVAL OF IN -LIEU FEES FROM
AFFORDABLE HOUSING POLICY
Amends Article 1, Section 11 -5 by amending subsection (a) (regarding affordable
housing requirements) relating to items (5) through (9); repeals Section 11 -6
(Calculation of in lieu fee); amends Section 11 -9 (Sale of lots and units) relating to
items (a) and (b); and repeals Section 11 -12 (Use of in lieu fees).
Re: Comm. 201
Intr. by: Mr. Hoffmann
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Hawaii County Council -16 May 17, 2011
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 32 (Draft 2): AMENDS CHAPTER 7 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
RELATING TO CIVIL DEFENSE, DISASTER CONTROL
Amendments relate to Article 2, Section 7 -12: 1) Prohibits unauthorized parking within
an impending disaster or disaster area, 2) A police officer citing any driver or owner for
a violation of this section may have the vehicle towed and stored at a private tow yard,
and 3) Any person convicted of violating this section shall be fined not more than $100
for the first conviction, not more than $200 for the second conviction of a second
offense committed within one year after the date of the first offense, and not more than
$500 for the third or subsequent conviction of a third or subsequent offense committed
within one year after the date of the first offense.
Re: Comm. 124.2
Intr. by: Ms. Ford
Postponed: April 6, 2011
Mtg. Cancelled: April 20, 2011 (due to technical complications)
First Reading: May 4, 2011
Bill 34: 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
AGRICULTURAL — THREE ACRES (A -3a) TO SINGLE - FAMILY RESIDENTIAL
— 40,000 SQUARE FEET (RS -40) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY: 2- 4- 070:PORTION 001
Michael and Marcia Frenz, Applicant; approx. 43,560 square feet.
Re: Comm. 136
Intr. by: Mr. Hoffmann
Mtg. Cancelled: April 20, 2011 (due to technical complications)
First Reading: May 4, 2011
Bill 35: PLANNING DIRECTOR INITIATED: AMENDS THE PUNA COMMUNITY
DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08 -116 AND
AMENDED BY ORDINANCE NO. 10 -104, RELATING MASS TRANSIT
HELE -ON SERVICE TO THE HILO AND KEAHOLE INTERNATIONAL
AIRPORTS
Amends Chapter 4, Section 4.2 (Mass Transit), subsection 4.2.3 (Actions) of the
Puna Community Development Plan (as amended), by adding a new paragraph (1),
which expands the Hele -On transit service to include regular service to both the Hilo
and Keahole International Airports from all existing and future routes.
Re: Comm. 137
Intr. by: Mr. Hoffmann
Mtg. Cancelled: April 20, 2011 (due to technical complications)
First Reading: May 4, 2011
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Hawaii County Council -16
May 17, 2011
Bill 36: PLANNING DIRECTOR INITIATED: AMENDS THE PUNA COMMUNITY
DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08 -116 AND
AMENDED BY ORDINANCE NO. 10 -104, RELATING TO TRANSPORTATION
Amends Chapter 4, Section 4.5 (Non- Motorized Travel and Scenic Byways),
subsection 4.5.3 (Actions), of the Puna Community Development Plan (as amended),
paragraph (f), by deleting the restroom and emergency phone below Seaview before
Kehena Beach; and adds the development of at least one scenic turnout near Kehena
Beach that includes restroom facilities and an emergency phone.
Re: Comm. 137
Intr. by: Mr. Hoffmann
Mtg. Cancelled: April 20, 2011 (due to technical complications)
First Reading: May 4, 2011
Bill 37: PLANNING DIRECTOR INITIATED: AMENDS THE PUNA COMMUNITY
DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08 -116 AND
AMENDED BY ORDINANCE NO. 10 -104, RELATING TO COMMUNITY
PARKS
Amends Chapter 3, Section 3.5 (Parks and Recreation), subsection 3.5.3 (Actions), of
the Puna Community Development Plan (as amended), paragraph (c), by amending
the reference to developing community parks in the Hawaiian Acres area.
Re: Comm. 137
Intr. by: Mr. Hoffmann
Mtg. Cancelled: April 20, 2011 (due to technical complications)
First Reading: May 4, 2011
Bill 39: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY
OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR,
DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING
REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND
REPEALING ORDINANCE NO. 10 -46 AND ALL AMENDMENTS THERETO,
SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2011
The significant amendments relate to: Section 3, Rate of Compensation (B), the
Office of the County Council amended to the Legislative Branch; Section 7, to be
consistent, section 7.01 amended to read Legislative Branch, Office of the County
Clerk renumbered to 7.01(a), and the Office of the Legislative Auditor renumbered
to 7.01(b); and no adjustments were made to salaries. (This ordinance to take effect
on July 1, 2011.)
Re: Comm. 152
Intr. by: Ms. Ford (B /R)
Mtg. Cancelled: April 20, 2011 (due to technical complications)
First Reading: May 4, 2011
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Hawaii County Council -16
May 17, 2011
Bill 42 (Draft 2): AMENDS ORDINANCE NO. 03 -162 WHICH AMENDED ORDINANCE
NO. 91 -91, WHICH CHANGED THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL — 1 ACRE (A -la) TO VILLAGE COMMERCIAL — 1 ACRE
(CV -la) AT HOLUALOA 1 sT AND 2 NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY: 7 -6- 008:005 (PORTION)
Condition B states that the construction of the proposed development shall be
completed within three years from the date of this amendment; and Condition D
states that access shall be provided over Tax Map Key Nos.: 7 -6 -8:24 and 5.
(Applicant: Holualoa Inn; approx. 1 acre.)
Re: Comm. 159.3
Intr. by: Ms. Ford
First Reading: May 4, 2011
Bill 44: 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 Federal Grants - Specialized Investigative Training ($23,736),
and appropriates same to Specialized Investigative Training Grant. Funds would be
used by the Police Department to improve their ability to respond to violent crimes
against women through ongoing specialized training for the detectives of the
Juvenile Aid Section.
Re: Comm. 167
Intr. by: Ms. Ford (B /R)
First Reading: May 4, 2011
Bill 45: AMENDS CHAPTER 2, ARTICLE 16, SECTION 2 -101.1 OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
MILEAGE AND MEAL REIMBURSEMENTS FOR VOLUNTEER POLICE
PERSONNEL
Allows for the practice of providing meal allowances for volunteer police personnel
who travel beyond the district adjacent to their usual place of work and have
working hours that extend across normal meal times. The meal allowance shall not
exceed the following rates: $5 (breakfast), $8 (lunch), and $15 (dinner).
Re: Comm. 168
Intr. by: Ms. Ford (B /R)
First Reading: May 4, 2011
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Hawaii County Council -16
May 17, 2011
Bill 46: AMENDS ORDINANCE NO. 10 -60, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2010 TO JUNE 30, 2011
Adds Research and Development: Pa`auilo Plant and Slaughterhouse ($4,150,000);
funds shall be provided from State Grant Receivables ($4,150,000). Funds would
enable the local industry to increase the processing capacity of grass -fed beef by
allowing local cattle producers to finish their product on- island rather than exporting
to the mainland for final processing (will also address ongoing waste management
issues through the conversion of waste materials into useful by- products).
Re: Comm. 169
Intr. by: Ms. Ford (B /R)
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
First Reading: May 4, 2011
Bill 51: AMENDS CHAPTER 18, ARTICLE 4, OF THE HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED), RELATING TO PUBLIC TRANSIT SYSTEM,
ISLAND -WIDE FARE STRUCTURE
The amendment proposes the following: 1) Establishes a $1 cash fare for riders of
the Hele -On bus system, 2) Children under the age of five, senior citizens,
individuals with disabilities, and students will be able to ride free of charge, and
3) For all other riders, a discount of 25 percent will be provided on a fare pre-
payment program utilizing bus passes or bus tickets. (This amendment will take
effect on July 1, 2011.)
Re: Comm. 189
Intr. by: Ms. Ford (B /R)
First Reading: May 4, 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
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.
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Hawaii County Council -16 May 17, 2011
The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this
meeting should call 961 -8255 by May 13, 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.
Public Attendance via Videoconference is available at the following locations:
• Kona Council Office, 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 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, May 25 and June 1s (to follow the Council meeting scheduled on May 18 at 6 p.m.); Fridays,
May 27 and June 3rd (to follow the Council meeting scheduled on May I8 at 12 p.m.); and Sundays, May 29
and June 5 th (to follow the Council meeting scheduled May 18 at 9 a.m.). (These airtimes are subject to
preemption by broadcasts from the State Legislature, and are subject to change by Na Leo `O Hawaii. Please
check the current legislative broadcast schedule on the Na Leo `O Hawaii website at
http://www.naleo.tv/schedule.)
UPCOMING MEETINGS
WEDNESDAY, MAY 18, 2011
COUNCIL 9:00 A.M.
COUNCIL ROOM — HILO
25 Aupuni Street
TUESDAY, MAY 31, 2011
COMMITTEES TBA
COUNCIL ROOM — HILO
25 Aupuni Street
WEDNESDAY, JUNE 1, 2011
COUNCIL 9:00 A.M.
COUNCIL ROOM - HILO
25 Aupuni Street
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