Loading...
HomeMy WebLinkAboutAGE COUNCIL 01/23/2009 2008-2010J YOSHIMOTO Chair & Pres;ding Officer PETE HOFFMANN v;~~ cnalr 4t6 Session COUNTY COUNCIL GUY ENRIQUES BRENDA FORD KELLY GREENWELL DONALDIKEDA EMILYI.NAEOLE DENNIS "FRESH" ONISHI DOMINIC YAGONG County ofHawai'i ~^'. , Hawaii County Building CJ 25 Aupuni Street ~i ~- Hilq Hawaii 96720 ~~ ? _ _ __ _ , ~ _ °'4 ;n -~7r 4 i ~ ~ .~, - ., ! `_ } t-+ F. .. F cn ORDER OF BUSINESS rv Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Friday, January 23, 2009 9:00 a.m. INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Senior Pastor James "Tex" Texeira of Solid Rock Ministries -Kona November 13, 2008 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawai `r County is an Equal Opportunity Provider and Emplayer. Hawaii County Council-4 Page 2 January 23, 2009 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 83: HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE OFFICERS FOR FISCAL YEAR 2009 From Council Member Dennis "Fresh" Onishi, dated December 30, 2008, requesting approval of the proposed new slate of the HSAC Executive Committee Officers for the remainder of the 2009 Fiscal Year: Nestor Garcia, President; Derek S. K. Kawakami, Vice-President; Joseph Pontanilla, Treasurer; and Dennis "Fresh" Onishi, Secretary. Waived: PWIRC ORDER OF RESOLUTIONS Res. 826-08 Urges the Director of the Department of Environmental Management to Develop an (2006-2008): Ordinance and Implement a Plan to Prohibit Food, Paper and compostable Organics from Hawaii County Landfills by 2012. {Proposes that the County ban food, paper, and compostable organics from the County's landfills by 2012 and encourages the use of compostable organics; and urges the Environmental Management Department to develop a plan to achieve the goals stated in this resolution and to present its findings to the Council within six months upon the passage of this measure. } Re: Comm. 1582 Intr. by: Mr. Jacobson Approve: EMC-21 ;and Comm. 91: From County Clerk Kenneth Goodenow, dated January 12, 2009, transmitting proposed amendments to Resolution 826-08. Res. 24-09: Authorizes the Acquisition of Private Properties by Eminent Domain, Being Portions of Tax Map Keys:(3)4-4-009:003 and 008, Situate at Papalele, in the District of Hamakua, County and State of Hawaii, for the Kalopa Sand Gulch Bypass Road Project, from Kamehameha Schools-Bishop Estate. {The County will be doing roadway improvements in the Kalopa Sand Gulch area and requires acquisition of the following properties: Parcel 2 (.556 acres), TMK(3)4-4-009:003 (por.); Parcel 3 (.408 acres), TMK(3)4-4-009:003 (por.); and Parcel 4 (.807 acres) TMK(3)4-4-009:008 (por.).} Re: Comm. 53 Intr. by: Mr. Yagong Approve: FC-11 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Hawaii County Council-4 Page 3 January 23, 2009 Res. 25-09: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease of Real Property for the Prosecuting Attorney's Kona Office. {The County and the Landlord, Hawaiian State Enterprises, Ltd., wish to enter into a second extension and amendment of the lease which extends the lease period from June 30, 2011, to June 13, 2013, incorporates the expansion space as part of the premises, and amends the monthly rent (located at the Kealakekua Business Center, 81-190 Haleki`i Street, Kealakekua).} Re: Comm. 54 Intr. by: Mr. Yagong Approve: FC-12 Res. 26-09 Encourages Dialog Between the County of Hawaii, the State of Hawaii, and (Draft 2): Appropriate Governmental Agencies of the United States of America, Regarding Eligibility Under Any and All Existing or Proposed Economic Stimulus and Stabilization Packages, Including, but Not Limited to, the New "Food, Conservation and Energy Act of 2008". {Encourages the County and State of Hawaii to commence dialog through interagency networking to begin the process of pursuing and identifying various economic stimulus and stabilization packages that are mutually beneficial to our County and State. } Re: Comm. 57.4 Intr. by: Mr. Greenwell Approve: FESC-1 Res. 27-09: Authorizes the Receipt and Expenditure of the Hawaii State Coalition Against Domestic Violence Grant of $40,000 for the Domestic Violence Strategic Plan Project. {Funds would be used by the Office of the Prosecuting Attorney to implement the coordinated community response to domestic violence and work on the goals outlined in the 2007-2012 statewide strategic plan, as well as support the activities of the County's Domestic Violence Task Force to increase victim safety and battery accountability. } Re: Comm. 59 Intr. by: Mr. Yagong Approve: FC-15 Res. 28-09: Authorizes the Director of Finance to Negotiate a Lease of Real Property in Hilo, Tax Map Key (3)2-2-020:014 (Portion), to the Center of Independent Living. {Property consists of approx. 608.5 square feet of office space within the County's Aging and Disability Resource Center located at 1055 Kino`ole Street in Hilo. The Center for Independent Living would provide support to the Office of Aging regarding inquiries for persons with disabilities. } Re: Comm. 60 Intr. by: Mr. Yagong Approve: FC-17 Hawaii County Council-4 Page 4 January 23, 2009 Res. 29-09 Requests the Legislature of the State of Hawaii to Enact a Bill to Establish a Pilot (Draft 2): Program for Vote by Mail (VBM) for All Federal, State, and County Primary, General, and Special Elections in the County of Hawaii, and to Make an Appropriation for This Pilot Program. (Attaches the following: "Exhibit A-1" a proposed bill for a Hawaii County VBM Pilot Program; "Exhibit B" absentee ballot statistics; and "Exhibit C" Oregon State's current "Vote by Mail Procedures Manual". This pilot program would serve as the exclusive method for casting ballots in the County of Hawaii beginning with the 2010 Primary Election and all other elections in the Year 2010, all elections in 2012, and continuing through all elections including the 2014 General Election. } Re: Comm. 61.10 Intr. by: Ms. Ford Waived: PWIRC Held Over Pursuant to Council Rule 24(e): January 7, 2009 (Note: There is a pending motion by Ms. Ford and duly seconded by Ms. Naeole to approve Resolution 29-09, as amended (Draft 2).) Res. 34-09: 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 Prosecuting Attorney's Office, Prosecuting Attorney Other Current Expense (Neighbor Place of Puna-Ready to Learn Program). Contingency Relief funds from District 5 would be used towards the Neighborhood Place of "Puna Ready to Learn" Program. } Re: Comm. 68 Intr. by: Ms. Naeole Waived: FC Res. 40-09: Authorizes the Acceptance of a Donation of a Ford F-350, Model X-37, 4X4, Super Duty, Super Cab, Diesel, Brush Fire Truck from the Daniel Sayre Memorial Foundation to the Hawaii Fire Department. {The truck would be assigned to the Kalaoa Volunteer Fire Station, 7-Bravo, in order to provide additional fire fighting capabilities to the Kailua-Kona geographic region (total estimated value of $38,650).} Re: Comm. 74 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-4 Page 5 January 23, 2009 Res. 41-09: Authorizes and Accepts the Grant ofNon-Exclusive Easement for Limited Public Access Over Private Roadways for Temporary Mamalahoa Bypass Through Hokuli`a Phase I and Haleki`i Street, in the Districts of North and South Kona, Island, County and State of Hawaii. {Oceanside, for the benefit of the community, consented to the proposed "Grant of Easement" and the Council finds that the "Grant of Easement" and the opening of Phase I Bypass and Haleki`i Street under the conditions and limited terms set forth in Ordinances 08-58, 08-59, and 08-64, as maybe amended, are in the public interest of traffic congestion relief and evaluation of the best use of the Mamalahoa Bypass. } Re: Comm. 93 Intr. by. Mr. Yoshimoto (B/R) Waived: PWIRC 10:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) BILLS FOR ORDINANCES (FIRST READING) Bi11391 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (2006-2008): 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 Multiple Family Residential - 1,500 Square Feet (RM-1.5) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-4-001:116 (approx. 4 acres). {Honpa Hongwanji Hilo Betsuin, Applicant.} Re: Comm. 1551 Intr. by: Mr. Pilago Approve: PC-102 Postponed: November 21 and December 17, 2008, and January 7, 2009 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Naeole to approve Bi11391.) ;and Comm. 90: From Council Member Donald Ikeda, dated January 8, 2009, transmitting proposed amendments to Bi11391. Hawaii County Council-4 Page 6 January 23, 2009 Bill 11: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates and decreases revenues in the following: Wireless Enhanced 911 (E911) Fees ($850,000) and Wireless E911 System [$200,000], for a total of $650,000; appropriates to Wireless E911 ($650,000). {The State of Hawaii Wireless Enhanced 911 Board reimburses the County of approved purchases relating to the provision of technical functionality for the wireless E911 service. The anticipated grant revenue was inadvertently budgeted into another account (this measure appropriates the funds to the proper accounts). } Re: Comm. 55 Intr. by: Mr. Yagong Approve: FC-13 Bill 12: Amends Ordinance No. 04-59 of the County of Hawaii, as Heretofore Amended by Ordinance No. 04-154, Pertaining to the Issuance of General Obligation Bonds for the Purpose of Financing Various Public Improvements Described Therein. {Adds language to the bond authorization ordinance, in which the County states that it may incur some capital expenditures in advance of the issuance of the bonds and declares its intent to reimburse itself in such cases. } Re: Comm. 58 Intr. by: Mr. Yagong Approve: FC-14 Bill 13: 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 State Grants -Domestic Violence Strategic Plan ($40,000); appropriates same to Domestic Violence Strategic Plan. } Re: Comm. 59 Intr. by: Mr. Yagong Approve: FC-16 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS ORDER OF THE DAY (SECOND OR FINAL READING) Bi112 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (2006-2008): Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 20 Acres (A-20a) to Agricultural - 10 Acres (A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-27:14 (approx. 21.088 acres). {Winton Nicholson, Inc., Applicant.} Re: Comm. 4 Intr. by: Mr. Pilago 1St Reading: January 7, 2009 Hawaii County Council-4 Page 7 January 23, 2009 Bi1128 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (2006-2008): Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 20 Acre (A-20a) to Agricultural - 10 Acre (A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-026:017 (approx. 20.913 acres). {Scott Olin, Applicant.} Re: Comm. 89 Intr. by: Mr. Pilago 1St Reading: January 7, 2009 Bi11317 Amends the State Land Use Boundaries Maps for the County of Hawaii by (2006-2008): Changing the District Classification from the Agricultural to the Urban District at Kapalaalaea 2"d, North Kona, Hawaii, Covered by Tax Map Key 7-7-008:121 (approx. 11.05 acres). {Kona Heights, LLC, Applicant.} Re: Comm. 1299 Intr. by: Mr. Pilago 1St Reading: January 7, 2009 Bi11322 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning (Draft 2) Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District (2006-2008): Classification from Agricultural - 5 Acres (A-Sa) to Single Family Residential - 7,500 Square Feet (RS-7.5) at Kapalaalaea 2"d, North Kona, Hawaii, Covered by Tax Map Key 7-7-008:121 (approx. 11.05 acres). {Kona Heights, LLC, Applicant.} Re: Comm. 62 Intr. by: Mr. Ikeda 1St Reading: January 7, 2009 ;and Comm. 62.9: From Council Member Donald Ikeda, dated January 12, 2009, transmitting proposed amendments to Bi11322, Draft 2. Bill 1: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 4, Section 24-276, Schedule 24 (Crosswalks), paragraph (f) Kona, by adding "Ali`i Drive in Kailua-Kona, eight hundred seventy feet southeast of Royal Poinciana Drive", in an effort to increase the number of marked crosswalks in the area. } Re: Comm. 10 Intr. by: Ms. Ford 1St Reading: January 7, 2009 Hawaii County Council-4 Page 8 January 23, 2009 Bi112: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 4, Section 24-276, Schedule 24 (Crosswalks), paragraph (f) Kona, by adding "Ali`i Drive in Kailua-Kona, one thousand three hundred five feet southeast of Royal Poinciana Drive", in an effort to increase the number of marked crosswalks in the area. } Re: Comm. 11 Intr. by: Ms. Ford 1St Reading: January 7, 2009 Bi113: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1, Section 24-260, Schedule 8 (45 mile per hour limit), paragraph (c) South Hilo, by adding "Puainako Street Extension, from Komohana Street to a point five hundred eighty-four feet east of Wilder Road". The proposed amendment is for traffic enforcement purposes, while the subject road is still under the County of Hawai`i's jurisdiction (ownership may be turned over to the State of Hawai`i). } Re: Comm. 12 Intr. by: Ms. Ford 1St Reading: January 7, 2009 Bi114: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1, Section 24-257, Schedule 5 (35 mile per hour limit), paragraph (c) South Hilo, by adding "Puainako Street Extension, from five hundred eighty-four feet east of Wilder Road to western terminus". The proposed amendment is for traffic enforcement purposes, while the subject road is still under the County of Hawai`i's jurisdiction (ownership may be turned over to the State of Hawai`i). } Re: Comm. 13 Intr. by: Ms. Ford 1St Reading: January 7, 2009 Bi115: Amends Ordinance No. 08-64, Which Amended Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Section 5 of Ordinance 08-64 to provide that the Haleki`i Street extension be open to the public as a vehicular thoroughfare (as a one-way street for specific time periods) in order to open the Bypass for evening one-way traffic. The ordinance will be effective upon dedication and acceptance of the section of Haleki`i Street or when the landowner grants an easement to the County. } Re: Comm. 27 Intr. by. Mr. Yoshimoto (B/R) 1St Reading: January 7, 2009 Hawaii County Council-4 Page 9 January 23, 2009 Bi116: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in Fund Balance from Previous Year ($23,014); appropriates same to Geothermal Parks and Recreation, Equipment. {Funds would be used to purchase durable, plastic lockers and benches for the locker rooms at the Pahoa Community Aquatic Center. } Re: Comm. 28 Intr. by: Mr. Yagong 1St Reading: January 7, 2009 Bi117: 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: Bridge Repairs - Islandwide ($2,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($2,500,000). Funds shall be used towards repairs to existing County bridges islandwide. } Re: Comm. 33 Intr. by: Mr. Yagong 1St Reading: January 7, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bi119: Amends Chapter 25, Article 2, Division 7, Section 25-2-71, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Zoning Code. {Amends Ordinance 08-155 to rectify an unintentional alteration of the affected subsection of the Zoning Code regarding plan approval for use permits. } Re: Comm. 39 Intr. by: Mr. Yoshimoto 1St Reading: January 7, 2009 Bill 10: 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 -Neighborhood Stabilization Program (NSP) ($5,374,200); appropriates to the following Kaloko Rental Housing Project -Catholic Charities -Kaloko LLC ($4,887,800) and Office of Housing and Community Development (OHCD)- Administration ($486,400), for a total of $5,374,200.} Re: Comm. 51 Intr. by: Mr. Hoffmann 1St Reading: January 7, 2009 REPORTS FC-8 Recommends the confirmation of Mr. William Takaba as Managing Director. (Comm. 45): Hawaii County Council-4 Page 10 January 23, 2009 FC-9 Recommends the confirmation of Ms. Nancy Crawford as Finance Director. (Comm. 46): FC-10 Recommends the confirmation of Mr. Lincoln Ashida as Corporation Counsel. (Comm. 47): PWIRC-6 Recommends the confirmation of Mr. Warren H. W. Lee as Public Works Director. (Comm. 48): 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 January 21, 2009. 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 January 23, 2009, 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. Hawaii County Council-4 Page 11 January 23, 2009 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. 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 fifteen (15) 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, February 4, 2009, at 6 p.m.; Friday's, January 30 and February 6, 2009, at 12 p.m.; and Sunday's, February 1 and 8, 2009, at 9 a.m. (Note: These airtimes are subject to preemption by broadcasts from the State Legislature.) UPCOMING MEETINGS PWIRC PUBLIC HEARING RE: BILL 385 (2006-2008) (Building Energy Efficiency Standards) COMMITTEES COUNCIL PWIRC PUBLIC HEARING RE: BILL 385 (2006-2008) (Building Energy Efficiency Standards) MONDAY, FEBRUARY 2, 2009 5:30 p.m. TUESDAY. FEBRUARY 3. 2009 COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, FEBRUARY 4, 2009 TBA TUESDAY, FEBRUARY 17, 2009 6:00 p.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor SHERATON KEAUHOU BAY RESORT & SPA Hawaii County Council-4 Page 12 January 23, 2009 COMMITTEES WEDNESDAY, FEBRUARY 18, 2009 TBA SHERATON KEAUHOU BAY RESORT & SPA THURSDAY, FEBRUARY 19, 2009 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA