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HomeMy WebLinkAboutAGE COUNCIL 08/01/2006 2004-2006 ACTIONS STACY K. HIGA JAMES Y. ARAKAKI PETE HOFFMANN Chair & Presiding Officer FRED C. HOLSCHUH, M.D. VIRGINIA ISBELL DONALD IKEDA BOB JACOBSON Vice Chair K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 42 nd Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Tuesday, August 1, 2006 9:00 a.m. INVOCATION Father Edgar Brillandes of St. Joseph Church CALL TO ORDER 9:05 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-42 Page 2 August 1, 2006 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, EXPRESSIONS OF CONDOLENCE, AND COMMUNICATIONS 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 383-06: Initiates Interim Amendments to the General Plan for Lands Adjoining Honokohau Harbor at Kealakehe, District of North Kona, County of Hawai‘i. {Directs the Planning Director to conduct a study to determine the feasibility of amending the General Plan relating to the following: 1) expansion and development of lands owned by the State Department of Hawaiian Home Lands (DHHL) and the State Department of Land and Natural Resources (DLNR) located adjacent to the Honokohau Small Boat Harbor (HSBH); 2) supports the expansion of HSBH and a variety of mixed use development of adjoining lands; and 3) amends the General Plan Land Use Pattern Allocation Guide map to include Open, Resort, and Urban Expansion area designations within the lands situate at and adjacent to HSBH that are owned by DHHL and DLNR.} Re: Comm. 939 Intr. by: Ms. Isbell Approve: PC-99 FILED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 402-06 Amends Resolution No. 99-05, Rules of Procedure and Organization of the Council (Draft 2): of the County of Hawai‘i, Relating to Meetings. {Provides that the Council shall hold regular meetings in East Hawai‘i on odd-numbered months and regular meetings in West Hawai‘i on even-numbered months. Draft 2 states that videoconferencing be provided for all West Hawai‘i meetings and specifies January 1, 2007, as the start date for the new meeting schedule.} Re: Comm. 959.13 Intr. by: Mr. Hoffmann Approve: FC-312 Postponed: July 19, 2006 (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Hoffmann to adopt Resolution 402-06, Draft 2.) AMENDED TO DRAFT 4 & ADOPTED: AYES: Council Members Hoffmann, Holschuh, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 7. NOES: Council Members Arakaki and Ikeda – 2. ABSENT & EXCUSED:None. ;and Comm. 959.22: From Cory Harden, dated July 17, 2006; and Hawai‘i County Council-42 Page 3 August 1, 2006 Comm. 959.23: From Nancy Redfeather, Kawanui Farm, dated July 17, 2006; and Comm. 959.24: From Lionel Kutner, dated July 18, 2006; and Comm. 959.25: From Toni Reynolds, undated; and Comm. 959.26: From Marshall Blann, dated July 13, 2006. Res. 407-06: Requests the Hawai‘i County Council to Look Into Banning Smoking at Kahalu‘u Beach Park. {Requests on behalf of the West Hawai‘i Youth Fishery Council that an ordinance be prepared prohibiting smoking any tobacco products at Kahalu‘u Beach Park and that the penalty for violation be a $100 fine.} Re: Comm. 972 Intr. by: Ms. Isbell (B/R) Approve: PSPRC-35 AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 408-06: Directs the Clerk of the County of Hawai‘i to Take Necessary Action to Place the Charter Amendment Proposed by Ordinance No. 06-96 on the 2006 General Election Ballot. {Ordinance No. 06-96 relates to verifying and certifying petitions for initiative and referendum, removal of elected officers and charter amendment or revision, by removing the requirements of social security numbers and mailing addresses and amends the number of days the County Clerk has to verify and certify petitions without these requirements.} Re: Comm. 978 Intr. by: Ms. Isbell Approve: FC-313 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 409-06: Directs the Clerk of the County of Hawai‘i to Take Necessary Action to Place the Charter Amendment Proposed by Ordinance No. 06-95 on the 2006 General Election Ballot. {Ordinance No. 06-95 relates to the Fire Department by changing the title from “Fire Department” to “Hawaii Fire Department” as the official title of the department.} Re: Comm. 979 Intr. by: Ms. Isbell Approve: FC-314 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Hawai‘i County Council-42 Page 4 August 1, 2006 Res. 413-06: 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 Prosecuting Attorney-Weed and Seed Coordinator – CTY (Neighborhood Place of Puna). Discretionary funds from District 5 would be used to purchase Ready to Learn school supplies for children.} Re: Comm. 988 Intr. by: Mr. Safarik Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 308: Initiates a Charter Amendment to Article VI, Chapter 4, Section 6-4.3, Hawai‘i County Charter (2000), Relating to Bifurcating the Planning Commission Into an East Hawai‘i Planning Commission and a West Hawai‘i Planning Commission. {Divides the nine-member Planning Commission into an East Hawai‘i Planning Commission comprised of Council Districts 1, 2, 3, 4, and 5; and West Hawai‘i Planning Commission comprised of Council Districts 6, 7, 8, and 9.} Re: Comm. 963 Intr. by: Mr. Pilago Negative: PC-100 2/3 Vote: First of three required readings, Section 15-1(a), Hawai‘i County Charter FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Hoffmann, Isbell, and Pilago – 3. NOES: Council Members Arakaki, Holschuh, Ikeda, Jacobson, Safarik, and Chair Higa – 6. ABSENT & EXCUSED:None. Hawai‘i County Council-42 Page 5 August 1, 2006 Bill 311: Amends Chapter 5, Article 1, Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to the Building Code. {Adds a new Section 5-1.0.12(a) which creates an amnesty period beginning October 1, 2006, through September 30, 2007, for owners of unpermitted residential buildings or agricultural farm structures completed before January 1, 2006, who may want to comply with the Building Code. Owners who secure an “amnesty permit” will be exempt from all civil and criminal penalties that might be imposed for constructing a structure without a permit. All amnesty permits must satisfy the requirements of the Building Code, which include permit fees.} Re: Comm. 975 Intr. by: Ms. Isbell Approve: PWIRC-47 ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Bill 312: Amends Chapter 17, Article 2, Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to the Plumbing Code. {Adds a new Section 17-17.1 which creates an amnesty period beginning October 1, 2006, through September 30, 2007, for owners of unpermitted residential buildings or agricultural farm structures completed before January 1, 2006, who may want to comply with the Plumbing Code. Owners who secure an “amnesty permit” will be exempt from all civil and criminal penalties that might be imposed for constructing a structure without a permit. All amnesty permits must satisfy the requirements of the Plumbing Code, which include permit fees.} Re: Comm. 976 Intr. by: Ms. Isbell Approve: PWIRC-48 ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Hawai‘i County Council-42 Page 6 August 1, 2006 Bill 313: Amends Chapter 9, Article 5, Division 2, Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to the Electrical Code. {Creates an amnesty period beginning October 1, 2006, through September 30, 2007, for owners of unpermitted residential buildings or agricultural farm structures completed before January 1, 2006, who may want to comply with the Electrical Code. Owners who secure an “amnesty permit” will be exempt from all civil and criminal penalties that might be imposed for constructing a structure without a permit. All amnesty permits must satisfy the requirements of the Electrical Code, which include permit fees.} Re: Comm. 977 Intr. by: Ms. Isbell Approve: PWIRC-49 ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 248: Amends Section 25-8-8 (Upolu Point – Kaauhuhu Homesteads Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-20a) to st Agricultural (A-10a) at Kealahehewa 1, North Kohala, Hawai‘i, Covered by Tax Map Key 5-5-003:010 (approx. 21.352 acres). {Bruce Eby, Applicant.} Re: Comm. 764 Intr. by: Mr. Pilago st 1 Reading: July 19, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Pilago, Safarik, and Chair Higa – 8. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED:None. Hawai‘i County Council-42 Page 7 August 1, 2006 Bill 282 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential – 10,000 Square Feet (RS-10) to General Commercial – 20,000 Square Feet (CG-20) at Waiakea Houselots, Hawai‘i, Covered by Tax Map Key 2-2-34:66, 78, and 79 (Area: Parcel A - 22,300 square feet; Parcel B - 11,900 square feet; Parcel C - 11,250 square feet). {Big Island Candies, Inc., Applicant.} Re: Comm. 884.1 Intr. by: Mr. Higa st 1 Reading: July 19, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Bill 296: Amends the State Land Use Boundaries Maps for the County of Hawai‘i by Changing the District Classification from the Agricultural and Urban to the Rural District at Wainaku, South Hilo, Hawai‘i, Covered by Tax Map Key 2-6-032:006 (approx. 11.909 acres). {Plant-Mason Family Trust, Applicant.} Re: Comm. 933 Intr. by: Mr. Pilago st 1 Reading: July 19, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Bill 297 Amends Section 25-8-34 (Papaikou-Onomea Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural – 20 Acres (A-20a) and Single Family Residential – 15,000 Square Feet (RS-15) to Residential and Agricultural – 1 Acre (RA-1a) at Wainaku, South Hilo, Hawai‘i, Covered by Tax Map Key 2-6-032:006 (approx. 11.909 acres). {Plant-Mason Family Trust, Applicant.} Re: Comm. 933.1 Intr. by: Mr. Pilago st 1 Reading: July 19, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Hawai‘i County Council-42 Page 8 August 1, 2006 Bill 298: Planning Director Initiated Repealing Ordinance No. 96 152 Which Amended Section 25-115 (Papaikou-Onomea Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Agricultural (A-20a) to Single Family Residential (RS-15) at Papaa-Halepuna, South Hilo, Hawai‘i, Covered by Tax Map Key 2-6-12:Portion of 4 and 2-6- 13:Portion of 7 (approx. 14.69 acres). Re: Comm. 934 Intr. by: Mr. Pilago st 1 Reading: July 19, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Bill 306: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in State Grants – Pāhoa Weed and Seed ($15,000); appropriates same to Pāhoa Weed and Seed. Funds would be used by the Police Department as “buy money” to purchase illicit drugs as part of its undercover covert operations in meeting objectives of the Pāhoa Weed and Seed grant.} Re: Comm. 954 Intr. by: Ms. Isbell st 1 Reading: July 19, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Bill 314: Amends Chapter 11 (Housing Code) of the Hawai‘i County Code 1983 (1995 Edition), as Amended by Ordinance 05-23, by Adding a New Section to Section 11-5(c) to Provide for Affordable Housing Credits for the Construction of Rental Units Affordable for Qualified Households Earning 100 to 120% of Median. Re: Comm. 980 Intr. by: Mr. Hoffmann st 1 Reading: July 19, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. REPORTS PSPRC-34 Recommends approval of the nomination of Mr. Wendall Kekumu (Council (Comm. 947): District 5) to the Veterans Advisory Committee. APPROVED Hawai‘i County Council-42 Page 9 August 1, 2006 REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-5(a)(4), Hawai‘i 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, AUGUST 21, 2006 COUNCIL PUBLIC 6:00 p.m. COUNCIL ROOM - HILO HEARING RE ALCOHOL USE IN COUNTY PARKS (BILL 300) TUESDAY, AUGUST 22, 2006 COMMITTEES TBA COUNCIL ROOM - HILO WEDNESDAY, AUGUST 23, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO WEDNESDAY, SEPTEMBER 6, 2006 COMMITTEES TBA COUNCIL ROOM - HILO THURSDAY, SEPTEMBER 7, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO ADJOURNMENT 1:19 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 to attend this meeting should call 961-8255 by July 31, 2006. Persons using TDDs may call 961-8521. Copies of an item listed on the agenda may be viewed at the Hawai‘i County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawai‘i 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawai‘i 96720; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawai‘i 96740; and at the Waimea Council Members' Office at the Holomua Center, 64-1067 Māmalahoa Highway, Suite 5, Waimea, Hawai‘i 96743. Hawai‘i County Council-42 Page 10 August 1, 2006 Videoconferencing is available at the following locations:  Kona Council Office at the Kailua Trade Center; and  Waimea Council Office at the Holomua Center. If, for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue.  Videoconferencing from the Pāhoa Neighborhood Facility will not be available. Submitting Testimony: Those persons wishing to testify in person or by videoconference must register with the Council/Clerk’s staff. Those testifying in person and submitting written testimony at the meeting in Hilo should sixteen (16) bring copies of the testimony for distribution at the meeting. Those testifying by videoconference from the Kona Council Office and the Waimea Council Office should bring one copy of the testimony. Those persons unable to testify in person or by videoconference may submit testimony (1) by mail to the County Clerk’s Office in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to Please submit a separate testimony for each item. counciltestimony@co.hawaii.hi.us. 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 Hawai‘i County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawai‘i 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), Hawai‘i County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 25 Aupuni Street, Hilo, Hawai‘i 96720. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, August 9, 2006, at 6 p.m.; Sunday, August 13, 2006, at 10:30 a.m.; and Wednesday, August 16, 2006, at 6 p.m. (Hawai‘i Tribune Herald – July 30, 2006) (West Hawai‘i Today – July 30, 2006)