HomeMy WebLinkAboutAGE COUNCIL 08/19/2009 2008-2010J YOSHIMOTO
Chutr & Presiding O,(ficer
PETE HOFFMANN
Vtce Chafr
21s' Session
INVOCATION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
COUNTY COUNCIL
GUY ENRIQUES
BRENDA FORD
KELLY GREENWELL
DONALDIKEDA
EMILY I.NAEOLE
DENNIS "FRESH" ONISHI
DOMINIC YAGONG
County of Hawaii ~~•
Hawaii County Building I ~~~
25 Aupuni Street ~_~ r, c_= _
Hilo, Hawai'i96720 >>
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ORDER OF BUSINESS - `~
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Hawaii County Council
Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
Wednesday, August 19, 2009
9:00 a.m.
Pastor Monty Stewart of Kona Church of the Nazarene
April 8 and 22, 2009
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Serving the Interests of the People of Our Island
Hawai `i County is an Equa[ Opportunity Provider and Employer.
Hawaii County Council-21 Page 2 August 19, 2009
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 80-09: Requests a Ban on the Release of Biological Control Agents on the Island of
Hawaii, Including Insects, Fungi, Bacteria, Viruses, or Other Pathogens, for Any
Tree Species Related to the `Ohi`a (Metrosideros Polymorpha), Including All
Species of the Family Myrtaceae, Such as the Strawberry Guava (Spidium
Cattleianum). {Use of biological control agents are being proposed by various State
and Federal agencies for the control of non-native species related to `ohi`a (i.e.,
strawberry guava), which may adapt and evolve to begin attacking related species,
including the `ohi`a.}
Re: Comm. 220
Intr. by: Mr. Greenwell
Approve: PWIRC-29
Res. 203-09: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year (Three Years) for aMulti-Year Lease for a Copier. {The current lease
for the Parks and Recreation Department's Elderly Activities Division will expire
soon and the Division would like to enter into a new lease for a new medium
volume copier. }
Re: Comm. 415
Intr. by: Mr. Onishi
Approve: FC-72
Res. 207-09: Encourages the County of Hawaii to Support the Concept That Community
Organizations Assume Leadership Roles and Seek Funding Sources for the
Proposed Construction and Development of Uses to Create the Kona Shoreline Park
Project Within the Old Kona Airport, and Endorse the Role of the County of
Hawaii to Act as the Conduit and/or Sponsor Through Which Any and All
Development Funds Such as the American Recovery and Reinvestment Act
(ARRA) May be Solicited as the Kona Shoreline Park Project Evolves. {Further
encourages the County of Hawaii and its Parks and Recreation Department to
endorse the concept that the Canoe Clubs of West Hawaii would provide necessary
leadership and assistance to the County's Planning Consultant, Kimura
International, Inc., regarding canoe activities and completion of design processes for
the land based canoe facility ("Hale Wa`a") and new ocean access for canoes,
including a safe swimming area within the park. }
Re: Comm. 431
Intr. by: Mr. Greenwell
Approve: FC-74
Hawaii County Council-21 Page 3 August 19, 2009
Res. 208-09: Supports Maintaining the `Io, or Hawaiian Hawk (Buteo Solitarius) on the Federal
List of Endangered and Threatened Wildlife. {Encourages a safe habitat for the `Io
or Hawaiian Hawk on Hawaii Island and that cultural traditions, spiritual practices
and the inter-relationship between kanaka maoli, the `Io or Hawaiian Hawk, and the
environment be encouraged, supported, perpetuated, and protected. }
Re: Comm. 432
Intr. by: Ms. Naeole
Approve: PWIRC-30
Res. 210-09: Encourages the Administrative and Legislative Bodies of the County of Hawaii to
Collaborate and Engage in Dialog Regarding Hiring a Federal Lobbyist Specifically
to Identify and Pursue American Recovery and Reinvestment Act ("ARRA")
Funding Opportunities for the County of Hawaii. {Hiring a Federal lobbyist to
identify projects and programs that qualify for funding assistance under the
provisions of the ARRA would greatly expedite access to ARRA funding. }
Re: Comm. 435
Intr. by: Mr. Greenwell
Approve: FC-75
Res. 211-09: Authorizes the Acceptance of Three Thousand Dollars ($3,000) from the Group 70
Foundation Fund of the Hawaii Community Foundation. {Funds would be used to
supplement previous funding from the Council's Discretionary Fund and the
Planning Department's operating budget to implement the Planning Department and
the Envision Downtown Hilo 2025 (EDH 2025) VisionKeepers application,
entitled: EDH 2025: Action Plan Update Sustainable Design Guidelines for
Downtown Hilo. }
Re: Comm. 437
Intr. by: Mr. Onishi
Approve: FC-76
Res. 212-09: Regarding Public Access and Management. {Encourages greater dialogue between
the U. S. Fish and Wildlife Service, the State, and the County to establish an open
program or format for the management of public lands. }
Re: Comm. 440
Intr. by: Mr. Greenwell
Approve: PC-39
Hawaii County Council-21 Page 4 August 19, 2009
Res. 214-09: Amends Resolution No. 504-08 Relating to the Special Fuel Tax Program.
{Resolution 504-08 inadvertently omitted any reference to liquefied petroleum gas
(LPG) in the operative extension provision and that it was the intent of the Council
that the fuel taxes be continued at previously-existing rates and not be reduced. }
Re: Comm. 450
Intr. by: Mr. Yoshimoto
Approve: FC-79
Res. 215-09: Creates a Park Projects Manager Position for the Department of Parks and
Recreation. {This position would enable the Department to oversee the construction
management of their Kona projects. }
Re: Comm. 451
Intr. by: Mr. Yoshimoto
Approve: FC-80
9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bi1154 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 4): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Limited Industrial - 1 Acre (ML-la) to Industrial-Commercial
Mixed - 1 Acre (MCX-la) at Kaloko, North Kona, Hawaii, Covered by Tax Map
Key: 7-3-051:065 (approx. 59,669 square feet). {William and Dixie Minson,
Applicants. }
Re: Comm. 207.9
Intr. by: Mr. Greenwell
Approve: PC-37/PC-37A
Deferred: July 22, 2009
Postponed: August 5, 2009
(Note: There is a pending motion by Ms. Naeole and duly seconded by
Mr. Onishi to approve Bi1154, Draft 4.)
;and
Comm. 207.10: From Council Member Donald Ikeda, dated July 20, 2009, transmitting a proposed
amendment to Bill 54, Draft 4; and
Comm. 207.11: From Applicant William Minson, dated August 5, 2009, submitting photographs of
the driveway to Fites Furniture and Solid Rock Ministries.
Hawaii County Council-21 Page 5 August 19, 2009
Bill 103 Amends Chapter 5, Article 1, Section 5-1.0.8, and Chapter 21, Article 2,
(Draft 2): Section 21-5 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to the Use of a Tent or a Structure of Similar Type as a Temporary
Residence While Constructing a Permanent Dwelling Unit. {Allows individuals
holding active building permits the opportunity to live in a temporary structure on
their building site while they construct their permanent home within the
geographical district of Puna. }
Re: Comm. 413.3
Intr. by: Ms. Ford
Approve: PWIRC-26/PWIRC-26A
Deferred: July 22, 2009 (Bill 103)
Held Over: August 5, 2009 (Bill 103; See note below)
(Note: Bill 103 was on the Council's August 5, 2009, agenda with Council
action contingent upon action taken at the Public Works and
Intergovernmental Relations Committee's August 4, 2009, meeting. At that
meeting, Bill 103 was amended to Draft 2; therefore, Bill 103 was held over on
August 5 in order to properly place Draft 2 on the Council's August 19, 2009,
agenda.)
;and
Comm. 413.4: From Council Member Brenda J. Ford, dated August 5, 2009, transmitting proposed
amendments to Bill 103, Draft 2.
Bill 105: 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
Houselots, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-035:017
(approx. 22,900 square feet). {Don Hoota and Eric Hoota, Applicants.}
Re: Comm. 426
Intr. by. Mr. Ikeda (B/R)
Approve: PC-38
Bill 107: Amends Chapter 2, Administration, Hawaii County Code 1983 (2005 Edition, as
Amended), Relating to the Department of Human Resources. {Replaces references
of "department of civil service" and "director of personnel" to "department of
human resources" and "director of human resources," respectively. These
amendments are in accordance with the Charter, as amended by Ordinance 06-60,
that was approved by the electorate during the 2006 General Election. }
Re: Comm. 428
Intr. by: Mr. Onishi
Approve: FC-73
Hawaii County Council-21 Page 6 August 19, 2009
Bill 108: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Increases revenues in
Contribution from Private Source ($3,000); appropriates same to Envision
Downtown Hilo 2025: Action Plan Update -Private. }
Re: Comm. 437
Intr. by: Mr. Onishi
Approve: FC-77
Bill 109: Amends Ordinance No. 09-65, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010. {Adds
MANAGEMENT: West Hawaii Emergency Shelter -County Match
($492,905.66); funds shall be provided from General Obligation Bonds, Capital
Projects Fund -Fund Balance and/or Other Sources ($492,905.66). Re-appropriates
funds that were originally appropriated by Ordinance 07-43, and would be used
towards the planning, design, and construction work for the West Hawaii
Emergency Shelter. }
Re: Comm. 438
Intr. by: Mr. Onishi
Approve: FC-78
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 110: 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 24-253.1, Schedule 1.1 (15 mile per hour limit), paragraph (c), South Hilo,
by adding North `Iwa`iwa Street, from Kaumana Drive to its terminus. Amendment
lowers the speed limit on this short one-lane road. }
Re: Comm. 441
Intr. by: Mr. Enriques
Approve: PWIRC-31
Bill 111: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2,
Section 24-265, Schedule 13 (Yield locations), paragraph (g), Puna, by adding
Huina Road, eastbound approach at the Luhi Road intersection. Amendment
clarifies right of way at the subject intersection based on traffic volume. }
Re: Comm. 442
Intr. by: Mr. Enriques
Approve: PWIRC-32
Hawaii County Council-21 Page 7 August 19, 2009
Bill 112: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2,
Section 24-274.1, Schedule 22.1 (Traffic signal systems), paragraph (f), Kona, by
adding Makala Boulevard/Luhia Street. Amendment updates the Hawaii County
Code to reflect existing conditions. }
Re: Comm. 443
Intr. by: Mr. Enriques
Approve: PWIRC-33
Bill 113: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2,
Section 24-274.1, Schedule 22.1 (Traffic signal systems), paragraph (f), Kona, by
adding Makala Boulevard, at the Kona Commons Driveway, one thousand one
hundred fifteen feet southwest of Queen Ka`ahumanu Highway. Amendment
updates the Hawaii County Code to reflect existing conditions.}
Re: Comm. 444
Intr. by: Mr. Enriques
Approve: PWIRC-34
Bill 114: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2,
Section 24-274.1, Schedule 22.1 (Traffic signal systems), paragraph (f), Kona, by
adding Makala Boulevard, at the Kona Commons Driveway, one thousand five
hundred twenty-five feet southwest of Queen Ka`ahumanu Highway. Amendment
updates the Hawaii County Code to reflect existing conditions.}
Re: Comm. 445
Intr. by: Mr. Enriques
Approve: PWIRC-35
Bill 115: Amends Chapter 15 of the Hawaii County Code 1983 (2005 Edition, as Amended)
by Adding a New Article Relating to Dog Parks. {Creates a policy for establishing
County park areas to be used exclusively by dogs and their handlers and provides
for fees and penalties. }
Re: Comm. 448
Intr. by: Ms. Ford
Approve: PSPRC-14
Hawaii County Council-21 Page 8 August 19, 2009
Bill 116: Amends Chapter 24, Article 7, Division 8, of the Hawaii County Code 1983 (2005
Edition, as Amended), Relating to Vehicles and Traffic, Relating to Mopeds.
{Clarifies the registration of mopeds and current Hawaii Revised Statutes
(Section 286-26) requiring certificates of inspection for mopeds. This will ensure
that vehicles which meet motorcycle standards will not be incorrectly registered as
mopeds. }
Re: Comm. 449
Intr. by: Mr. Yoshimoto
Approve: PSPRC-15
Bill 117: Amends Ordinance No. 01-34 Which Reclassified Lands from Single Family
Residential - 10,000 Square Feet (RS-10) to General Commercial - 10,000 Square
Feet (CG-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map
Key:2-2-020:007 (approx. 19,721 square feet). {Requesting aTwo-Year Time
Extension to Comply with Condition B (Secure Final Plan Approval) of Change of
Zone Ordinance No. 01-34; Pa`a `Aina Trust, Applicant.}
Re: Comm. 453
Intr. by: Mr. Yoshimoto
Approve: PC-40
Bill 129: Authorizes the Mayor of the County of Hawai `i to Enter Into an Intergovernmental
Agreement for a State Water Pollution Control Revolving Fund Loan for
Wastewater Public Improvement Projects; and Authorizes the Issuance of
$18,000,000 General Obligation Bonds of the County of Hawaii for the Purpose of
Financing Qualified Wastewater Public Improvements of the County of Hawaii.
{Funds would be used towards construction of a new replacement collection system
that meets County standards within the Queen Lili`uokalani Village Subdivision.
The new collection system construction will continue beyond the confines of the
subdivision and be connected to the existing County sewer system where sewage
will be conveyed to the Kealakehe Wastewater Treatment Plant. }
Re: Comm. 481
Intr. by: Mr. Yagong
Waived: FC
Bill 130: Amends Ordinance No. 09-65, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010. {Adds
ENVIRONMENTAL MANAGEMENT: Queen Lili`uokalani Village Large
Capacity Cesspool Replacement -State Revolving Funds (SRF) ($18,000,000);
fund increase shall be provided from SRF ($18,000,000).}
Re: Comm. 481
Intr. by: Mr. Yagong
Waived: FC
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Hawaii County Council-21 Page 9 August 19, 2009
Bi11321A 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
General Commercial - 10,000 Square Feet (CG-10) at Waiakea, South Hilo,
Hawaii, Covered by Tax Map Key 2-2-025:011 (approx. 9,886 square feet).
{Freditas Udani, Applicant.}
Re: Comm. 1320
Intr. by: Mr. Pilago
Approve: PC-99
Postponed: October 22, 2008, and August 5, 2009
(Note: There is a pending motion by former Council Member Pilago and duly
seconded by former Council Member Jacobson to approve Bi11321. For
informational purposes, this measure was postponed on June 16, 2009, to the
July 8, 2009, Council meeting, at which time this measure was then filed.)
;and
Comm. 1320.3: From former Planning Director Christopher J. Yuen, dated October 29, 2008,
commenting on the minimum improvements that the Planning Department would
recommend of rezoning this property to CG.
11:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS
(NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.)
ORDER OF THE DAY (SECOND OR FINAL READING)
Bi1121: Amends Section 25-8-24 (Kurtistown 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 - 20,000 Square Feet (RS-20) to
Single Family Residential - 15,000 Square Feet (RS-15) at Kea`au, Puna, Hawaii,
Covered by Tax Map Key:l-7-016:028 (approx..823 acre). {Melody Parong,
Applicant. }
Re: Comm. 97
Intr. by: Mr. Ikeda
Postponed: March 3, 2009
1St Reading: August 5, 2009
Hawaii County Council-21 Page 10 August 19, 2009
Bi1165: 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 24-255, Schedule 3 (25 mile per hour limit), paragraph (f), Kona,
subparagraph (9), by amending it to read: "Mamalahoa Highway, from the terminus
of the State Highway in Honalo to a point five thousand one hundred feet in the
southerly direction."}
Re: Comm. 366
Intr. by: Ms. Ford
Deferred: July 22, 2009
1St Reading: August 5, 2009
Bi1187A: 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
Houselots, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-035:001
and 103 (approx. 22,820 square feet). {Beth-An and Cary Nishijima, Applicant.}
Re: Comm. 362
Intr. by: Mr. Ikeda
1St Reading: August 5, 2009
Bi1188A: 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
Houselots, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-050:043
(approx. 45,800 square feet). {Dr. Trevor Rodrigues, Applicant.}
Re: Comm. 363
Intr. by: Mr. Ikeda
1St Reading: August 5, 2009
Bi1189A: 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
Houselots, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-035:006
(approx. 22,900 square feet). {Estrella C. Acasio, Applicant.}
Re: Comm. 364
Intr. by: Mr. Ikeda
1St Reading: August 5, 2009
Hawaii County Council-21 Page 11 August 19, 2009
Bi1191: 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 24-256, Schedule 4 (30 mile per hour limit), paragraph (f), Kona,
subparagraph (3), by amending it to read: "Mamalahoa Highway, from a point five
thousand one hundred feet in the southerly direction from the terminus of the State
Highway in Honalo to the beginning of the State Highway in Captain Cook."}
Re: Comm. 367
Intr. By: Ms. Ford
Deferred: July 22, 2009
1St Reading: August 5, 2009
Bi1192A: Amends Ordinance No. 08-106 of the County ofHawai`i, Pertaining to the Issuance of
General Obligation Bonds for the Purpose of Financing Various Public Improvements
Described Therein. {Amends Exhibit A, Draft 2, with "Exhibit A, Draft 3", to adjust
funding for various projects based on actual needs that differ from the original
estimates in the bond ordinance with one new project added, Kealakehe Wastewater
Treatment Plant Sludge Removal. There is no change to the total amount of the bond
authorization ($114,588,700).}
Re: Comm. 372
Intr. by: Mr. Yagong
1St Reading: August 5, 2009
2/3 Vote: Section 47-5, Hawaii Revised Statutes
Bi1197A: Amends Ordinance No. 09-64, the Operating Budget for the County of Hawaii for
the Fiscal Year Ending June 30, 2010. {Increases revenues in Federal Grants -
Workforce Investment Act (WIA) ($1,312,147); appropriates to the following:
WIA -Administration Planning 2009-10 ($131,213), WIA -Adult Program
2009-10 ($423,894), WIA -Dislocated Worker Program 2009-10 ($325,168), and
WIA -Youth Program 2009-10 ($431,872), for a total of $1,312,147.}
Re: Comm. 390
Intr. by: Mr. Hoffmann
1St Reading: August 5, 2009
Bi1198: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2,
Section 24-265, Schedule 13 (Yield locations), paragraph (c), South Hilo, by adding
"Akolea Road, southbound approach to bridge adjacent to parcels identified by Tax
Map Key Numbers (3) 2-5-006:130, 2-5-047:002, 2-5-056:041, and 2-5-056:043."}
Re: Comm. 405
Intr. by: Ms. Ford
Deferred: July 22, 2009
1St Reading: August 5, 2009
Hawaii County Council-21 Page 12 August 19, 2009
Bi1199: 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 24-255, Schedule 3 (25 mile per hour limit), paragraph (g), Puna, by adding
"South Kopua Road."}
Re: Comm. 406
Intr. by: Ms. Ford
Deferred: July 22, 2009
1St Reading: August 5, 2009
Bill 100: 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 24-255, Schedule 3 (25 mile per hour limit), paragraph (g), Puna, by adding
"South Kulani Road."}
Re: Comm. 407
Intr. by: Ms. Ford
Deferred: July 22, 2009
1St Reading: August 5, 2009
Bill 101: Amends Ordinance No. 98-8 Which Reclassified Lands from Agricultural - 5 Acres
(A-Sa) to Residential and Agricultural - .5 Acre (RA-.Sa) at Honokohau 2"d, North
Kona, Hawaii, Covered by Tax Map Key:7-4-06:038 (approx. 5.055 acres);
Request -Time Extension to Condition D (Final Subdivision Approval). {Grace
Community Church, Applicant. }
Re: Comm. 408
Intr. by: Mr. Ikeda
Deferred: July 22, 2009
1St Reading: August 5, 2009
Bill 102: Amends Ordinance No. 09-48, Relating to the International Energy Conservation
Code (IECC). {Clarifies that copies of the IECC will be available for public
inspection at the Public Works Department and Office of the County Clerk, and
deletes an unnecessary reference to Section 3(a) of the IECC}
Re: Comm. 409
Intr. by: Mr. Onishi
Deferred: July 22, 2009
1St Reading: August 5, 2009
Hawaii County Council-21 Page 13 August 19, 2009
Bill 104: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Increases revenues in Fund
Balance from Prior Year -Designated ($221.75); appropriates to the following:
Kohala Ranch Project IV ($191.66), Luala`i at Parker Ranch Phase II ($25.95), and
Wainani Estates Subdivision Phase I ($4.14), for a total of $221.75. Funds would
be maintained separately and will be expended in accordance to the requirements of
their respective housing agreements. }
Re: Comm. 414
Intr. by: Mr. Onishi
Deferred: July 22, 2009
1St Reading: August 5, 2009
Bill 118: Further Amends Ordinance No. 08-64, as Amended by Ordinance No. 09-13,
Relating to Extending Public Use of the Haleki`i Street Extension. {The proposed
amendment extends the sunset date from six months to one year. Unless amended,
public use of the Haleki`i Street Extension will end on September 4, 2009. The
Public Works Department believes an additional six months is warranted, and will
provide relief to area motorists until a permanent solution is implemented. }
Re: Comm. 455
Intr. by: Mr. Yoshimoto
1St Reading: August 5, 2009
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.)
Note: At the Council's August 5, 2009, meeting, Council Member Brenda Ford requested that all matters
that were voted upon after the reorganization, which were not listed on the August St" agenda, be placed on
the next Council meeting agenda (August 19, 2009). Chair J Yoshimoto approved her request with the
concurrence of Corporation Counsel Lincoln Ashida.
Pursuant to Hawaii County Charter, Section 13-4(1), the Council shall act to confirm or reject any
appointment by the Mayor within 45 days after receiving notice of the appointment from the Mayor. If the
Council does not confirm or reject the appointment within 45 days, the appointee shall be deemed to have
been confirmed. (Please note that for all of the following appointments listed, the automatic confirmation
date is noted in the voting box.)
Hawaii County Council-21 Page 14 August 19, 2009
Items Listed on the Council's June 16, 2009, Agenda
Res. 202-09: Amends the Rules of Procedure and Organization of the Council of the County of
Hawaii and Designate the Chair and Vice Chair of the County Council's Standing
Committees, as follows: Planning -Donald Ikeda, Chair, and Guy Enriques, Vice
Chair; Public Works and Intergovernmental Relations -Guy Enriques, Chair, and
Kelly Greenwell, Vice Chair; Finance -Dennis Onishi, Chair, and Donald Ikeda,
Vice Chair; Public Safety and Parks and Recreation -Emily Naeole, Chair, and
Guy Enriques, Vice Chair; Environmental Management and Energy Sustainability -
Kelly Greenwell, Chair, and Dennis Onishi, Vice Chair. {Rule No. 6 of the Rules
of Procedure and Organization of the Council of the County of Hawaii is amended
as indicated in "Exhibit A". Rescinds Resolution Numbers OS-09, 06-09, 07-09,
08-09, 09-09, 10-09, and 11-09}
Re: Comm. 403
Intr. by: Mr. Onishi
PC-29
(Comm. 370)
PC-30
(Comm. 370)
(Note: Following the vote on Resolution 201-09 (which designated the Chairs
and Vice Chairs of the Council's Standing Committees), Council Member
Dennis Onishi withdrew the above resolution.)
Recommends approval of the nomination of Mr. Wayne K. Iokepa to the Leeward
Planning Commission.
Vote on PC-29 at the 6/16/09 Council meeting:
APPROVED:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong,
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Council action due by July 3, 2009.
Recommends approval of the nomination of Mr. Brandi K. Beaudet to the Leeward
Planning Commission. Vote on PC-30 at the 6/16/09 Council meeting:
APPROVED:
AYES: Council Members Enriques, Hoffmann,
Ikeda, Naeole, Onishi, Yagong and
Chair Yoshimoto - 7.
NOES: Council Member Ford - 1.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Council action due by July 3, 2009.
PC-31
(Comm. 371)
Recommends approval of the nomination of Mr. Christopher A. Manfredi to the
Windward Planning Commission.
(Note: There is a pending motion by Ms. Naeole and duly seconded by
Mr. Enriques to approve the nomination of Mr. Christopher A. Manfredi to
the Windward Planning Commission. This matter was discussed prior to the
reorganization; however, it was postponed to the end of calendar in
anticipation of receiving a letter from the Mayor withdrawing Mr. Manfredi's
nomination (see Communication 371.8, which is listed below). After receiving
this Communication, the Council voted to approve the withdrawal of
Mr. Manfredi's nomination and close file on all related communications.)
;and
(Comm. 371.8 continues on the next page.)
Hawaii County Council-21 Page 15 August 19, 2009
Comm. 371.8: From Mayor Billy Kenoi, dated June 16, 2009 withdrawing the nomination of
Mr. Manfredi to the Windward Planning Commission.
Items Listed on the Council's July 8, 2009, Agenda
Comm. 400: NOMINATIONS TO THE NORTH KOHALA COMMUNITY DEVELOPMENT
PLAN (CDP) ACTION COMMITTEE
From Mayor Billy Kenoi, dated June 4, 2009, nominating the following individuals
to the North Kohala CDP Action Committee: Collin Kaholo, Joseph Carvalho, and
Hermann Fernandez (to serve four-year terms); Susan Fischer, Marlene Ching, and
Richard Leibmann (to serve three-year terms); and Robert Martin, Ronald Friman,
and Jeffrey Alexander (to serve two-year terms).
Waived: PC
Vote on Comm. 400 at the 7/8/09 Council meeting:
APPROVED THE ABOVE NOMINATIONS WITH THE
EXCEPTION OF JEFFREY ALEXANDER:
AYES: Council Members Enriques, Ford,
Greenwell, Hoffmann, Ikeda, Naeole,
Onishi, and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Yagong - 1.
EXCUSED: None.
Council action due by July 2Q, 2009.
Items Listed on the Council's July 22, 2009, Agenda
Comm. 439: UPDATE OF THE STATE OF THE CURRENT LAWSUIT (WEST HAWAI I
TODAY V. CO LINTY CO UNCIL OF THE CO LINTY OF HA WAI I) RE THE
COUNCIL MEETING HELD ON JUNE 16, 2009
From Corporation Counsel Lincoln Ashida, dated July 14, 2009, requesting to meet
with the Council on issues relating to the state of the current lawsuit, discussions
with OIP, and the possible consequences of the Council moving forward with its
business with the claims of the lawsuit not yet resolved.
Vote on Comm. 439 at the 7/22/09 Council meeting:
FILED COMM. 439 AND APPROVED THE
RECOMMENDATIONS OF CORPORATION
COUNSEL:
AYES: Council Members Ford, Greenwell,
Hoffmann, Ikeda, Naeole, Onishi, Yagong
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Enriques - 1.
EXCUSED: None.
(Note: No presentation to be actually made. Matter solely placed on the agenda
for purposes of a re-vote.)
EMC-5 Recommends approval of the nomination of Mr. Scott Enright (Council District 1)
(Comm. 410): to the Environmental Management Commission.
(Note: This matter was deferred at the Council's July 22, 2009, meeting and a
vote was not taken. Council action was due by August 1, 2009.)
;and
Comm. 410.1: From Environmental Management Committee Chair Kelly Greenwell, dated
August 7, 2009, requesting that this matter be waived to the full Council.
Hawaii County Council-21 Page 16 August 19, 2009
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 August 17, 2009. 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 ca11961-8255.
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 Members will be present at the
following location(s):
• Sheraton Keauhou Bay Resort & Spa, 78-128 Ehukai Street, Kona; and
• County Council Room, Ben Franklin Tower, 2°d Floor, 333 Kilauea Avenue, Hilo.
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, unti14:30 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. 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 ~ a,co.hawaii.hi.us. Please submit separate testimony for
each item.
Viewing of Meetings on Government Access Television -Channel 52:
Wednesday's, August 26 and September 2, 2009, at 6 p.m.; Friday's, August 28 and September 4, 2009, at
12 p.m.; and Sunday's, August 30 and September 6, 2009, at 9 a.m. These airtimes are subject to preemption by
broadcasts from the State Legislature.
UPCOMING MEETINGS
TUESDAY, SEPTEMBER 1, 2009
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, SEPTEMBER 2, 2009
COUNCIL 9:00 AM. SHERATON KEAUHOU
BAY RESORT & SPA
Hawaii County Council-21 Page 17 August 19, 2009
COUNCIL PUBLIC
HEARING RE
RES. 218-09 (COUNCIL
REORGANIZATION)
MONDAY, SEPTEMBER 14, 2009
6:30 P.M.
COUNCIL ROOM - HILO
333 Kilauea Avenue
Ben Franklin Building
Second Floor
COMMITTEES
COUNCIL
TUESDAY, SEPTEMBER 15, 2009
TBA
WEDNESDAY, SEPTEMBER 16, 2009
9:00 AM.
COUNCIL ROOM - HILO
333 Kilauea Avenue
Ben Franklin Building
Second Floor
COUNCIL ROOM - HILO
333 Kilauea Avenue
Ben Franklin Building
Second Floor