HomeMy WebLinkAboutAGE COUNCIL 09/02/2009 2008-2010 ACTIONS
J YOSHIMOTO OJN<V OF M1~, GUY ENRIQUES
Chair & Presiding Officer BRENDA FORD
KELLY GREENWELL
PETE HOFFMANN DONALD IKEDA
Vice Chair +i` EMILY L NAEOLE
,TE OF'NF'~
DENNIS "FRESH" ONISHI
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawai `i
Hawai `i County Building
25 Aupuni Street
Hilo, Hawai `i 96720
22nd Session
ORDER OF BUSINESS
Hawaii County Council
Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
Wednesday, September 2, 2009
9:00 a.m.
INVOCATION Pastor Keith Elliott of Kona Church of God
CALL TO ORDER 9:02 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
(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 Equal Opportunity Provider and Employer.
Hawaii County Council-22 Page 2 September 2, 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. 501: STATUS OF THE OCEANSIDE 1250 ("HOKULI`A") PROJECT LAWSUIT,
CONSTRUCTION, AND BOND(S)
From Council Member Brenda J. Ford, dated August 19, 2009, requesting that
Corporation Counsel apprise the Council on this matter.
Waived: PWIRC
FILED
(Note: As contained in subsequent Communication 502, the Council may need
to hold an executive meeting closed to the public pursuant to Hawaii Revised
Statues Section 92-5(4) to consult with the board's attorney on questions and
issues pertaining to the board's powers, duties, privileges, immunities, and
liabilities regarding this communication.)
Comm. 502: ANTICIPATION OF THE COUNCIL'S NEED TO GO INTO EXECUTIVE
SESSION RE MATTERS RELATING TO THE MAMALAHOA HIGHWAY
BYPASS (SPECIFICALLY, COMMUNICATIONS 399.1, 482, 501, AND
RESOLUTION 231-09 (COMMUNICATION 499)
From Legal Specialist Levi Hookano, dated August 24, 2009, stating that the
Council may enter into executive session regarding the above-referenced matters.
FILED
Hawaii County Council-22 Page 3 September 2, 2009
ORDER OF RESOLUTIONS
Res. 219-09: Requests the Planning Director and Planning Commissions' Respective Comments
and Recommendations, to Initiate an Ordinance to Amend Chapter 25, Article 2,
Division 4, Hawaii County Code 1983 (2005 Edition, as Amended) by Amending
Section 25-2-46 Related to Concurrency Conditions. {Expands concurrency
requirements to include parks and recreational facilities, and firefighting facilities.
Requests the Planning Director to submit comments and recommendations on the
proposed zoning code amendments (attached as "Exhibit A"), or to prepare a similar
bill for an ordinance to create concurrency standards for parks and recreational and
firefighting facilities in change of zone actions. Also, requests the Planning
Commissions to review and transmit its recommendations through the Mayor to the
Council for consideration and action.)
Re: Comm. 471
Intr. by: Mr. Hoffmann
Approve: PC-41
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimell_ Hoffmann- Nacolc_
Onishi_ Yagong_ and Chair Yos}hinloto - 8.
NOES: Council Nlcmbcr 11,cda - 1.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 223-09: Authorizes the Office of the Mayor to Enter Into an Agreement with the United
States of America, Pursuant to HRS 46-7, for the Recovery Act Justice Assistance
Grant (JAG) Program. {The Office of the Prosecuting Attorney would use its funds
to upgrade its computer server environment which will enable them to immediately
maintain a central data repository, utilize system management tools, and to
implement the latest version of its document management system; and the Police
Department would use its funds to extend the Evidence Specialist Program from
September 16, 2009, through August 15, 2011, and purchase a digital camera
system to allow the Department to continue critical law enforcement efforts.)
Re: Comm. 478
Intr. by: Mr. Yagong
Approve: FC-83
ADOPTED:
AYES: Council Mcrnbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-22 Page 4 September 2, 2009
Res. 224-09: Allows Council Members to Voluntarily Request to Transfer No Less than $5,000
from County Clerk's Salary and Wages (S&W) Account to the Contingency Relief
Account, to be Appropriated in Accordance with Current Contingency Relief Fund
Procedures. {Council Members may wish to use a portion of their County salaries
as a means of financially supporting chosen 501(c)(3) non-profit organizations.}
Re: Comm. 480
Intr. by: Mr. Hoffmann
Approve: FC-85
AMENDED TO DRAFT 2& HELD OVER PURSUANT TO COUNCIL
RULE 25(c)
;and
Comm. 480.2: From Council Member Pete Hoffmann, dated August 19, 2009, transmitting a
proposed amendment to Resolution 224-09 (eliminates the $5,000 minimum
amount).
Res. 231-09: Authorizes and the Extension of the Grant of Non-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. {Extends the sunset date for the Grant of
Non-Exclusive Easement with 1250 Oceanside Partners to March 2010 ("Exhibit
I"). Without the extension, public use of the Mamalahoa Bypass Phase I through
the intersection with the Haleki`i Street Extension will end on September 4, 2009.}
Re: Comm. 499
Intr. by: Ms. Ford
Waived: PWIRC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Hoffmann_ Ihcda_ Nacolc_
Onishi_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Grccimcll - 1.
EXCUSED: Nonc.
(Note: As contained Communication 502, the Council may need to hold an
executive meeting closed to the public pursuant to Hawaii Revised Statues
Section 92-5(4) to consult with the board's attorney on questions and issues
pertaining to the board's powers, duties, privileges, immunities, and liabilities
regarding this resolution.)
10:00 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)
Hawaii County Council-22 Page 5 September 2, 2009
Bill 64: Amends Chapter 2, Chapter 6, Chapter 23, Chapter 25, Chapter 28, and Chapter 34,
Hawaii County Code 1983 (2005 Edition, as Amended) Relating to the Conversion
from a Single Planning Commission to Windward and Leeward Planning
Commissions. {Amends six chapters of the Hawaii County Code that make
reference to a single planning commission.)
Re: Comm. 259
Intr. by: Mr. Ikeda
Approve: PC-42
PASSED l~"' READING:
AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccim cll_ Hoff iiaun_ Ikeda_
Nacolc- Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
;and
Comm. 259.2: From Legislative Specialist Jon Henricks, dated August 12, 2009, providing a
rationale for each of the proposed amendments to the Hawaii County Code as
provided in Bill 64, relating to the County Charter amendment that created
windward and leeward planning commissions.
Bill 120: 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 24-264, Schedule 12 (Stop intersections), paragraph (f), Kona, by adding
Kaiwi Street, Luhia Street intersection, all approaches. Amendment creates a stop
intersection at the intersection of Luhia Street and Kaiwi Street.)
Re: Comm. 465
Intr. by: Ms. Ford
Waived: PWIRC
PASSED l~"' READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ihccla_
Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
;and
Comm. 465.1: From Public Works and Intergovernmental Relations Committee (PWIRC) Chair
Brenda Ford, dated August 19, 2009, waiving this matter to the Council. (On
August 18, 2009, the PWIRC meeting was cancelled due to technical difficulties
with the videoconference lines.)
Hawaii County Council-22 Page 6 September 2, 2009
Bill 121: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 5,
Section 24-284, Schedule 32 (Two hour parking areas), paragraph (c), South Hilo,
by revising Subparagraph (6) to read as follows: (6) Haili Street between
Kamehameha Avenue and Kino`ole Street, except for active loading and unloading
zone, northwest side, beginning from a point two hundred eleven feet southwest of
Kamehameha Avenue and extending twenty feet in the southwesterly direction, as
set forth in Section 24-288.1 (schedule 36.1. Active loading and unloading zones).
Also, amends Division 6, Section 24-288.1, Schedule 36.1 (Active loading and
unloading zones), paragraph (c), South Hilo, by adding Haili Street, northwest side,
beginning from a point two hundred eleven feet southwest of Kamehameha Avenue
and extending twenty feet in the southwesterly direction. Creates an active loading
and unloading zone for freight and passengers adjacent to the Palace Theater.}
Re: Comm. 466
Intr. by: Ms. Ford
Waived: PWIRC
WITHDRAWN BY COUNCIL MEMBER BRENDA FORD
;and
Comm. 466.1: From Public Works and Intergovernmental Relations Committee (PWIRC) Chair
Brenda Ford, dated August 19, 2009, waiving this matter to the Council. (On
August 18, 2009, the PWIRC meeting was cancelled due to technical difficulties
with the videoconference lines.)
Bill 122: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 5,
Section 24-282.1, Schedule 30.1 (15-minute parking areas), paragraph (g), Puna, by
adding Pahoa Village Road, south side, from a point three hundred twenty-six feet
west of Kauhale Street to a point one hundred seventeen feet in the easterly
direction. Amendment addresses the need for short-term parking in the subject
area.)
Re: Comm. 467
Intr. by: Ms. Ford
Waived: PWIRC
PASSED 1~" READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc_ Yagong_ and Cliair Yosliimoto - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Ornishi - 1.
EXCUSED: Nonc.
;and
Comm. 467.1: From Public Works and Intergovernmental Relations Committee (PWIRC) Chair
Brenda Ford, dated August 19, 2009, waiving this matter to the Council. (On
August 18, 2009, the PWIRC meeting was cancelled due to technical difficulties
with the videoconference lines.)
Hawaii County Council-22 Page 7 September 2, 2009
Bill 123: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 5,
Section 24-284, Schedule 32 (Two-hour parking areas), paragraph (c), South Hilo,
by revising Subparagraph (6) to read as follows: (6) Haili Street between
Kamehameha Avenue and Kino`ole Street, except for active loading and unloading
zone, northwest side, beginning from a point two hundred eleven feet southwest of
Kamehameha Avenue and extending twenty feet in the southwesterly direction, as
set forth in Section 24-288.1 (schedule 36.1. Active loading and unloading zones).
Also, amends Division 6, Section 24-288.1, Schedule 36.1 (Active loading and
unloading zones), paragraph (c), South Hilo, by adding: Haili Street, northwest
side, beginning from a point two hundred eleven feet southwest of Kamehameha
Avenue and extending twenty feet in the southwesterly direction. Creates an active
loading and unloading zone for freight and passengers adjacent to the Palace
Theater.)
Re: Comm. 468
Intr. by: Ms. Ford
Waived: PWIRC
PASSED 1 ~ ' READING:
AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_
Y'agong_ and Chair Yosliimoto - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Nacolc and Onishi - 2.
EXCUSED: Nonc.
;and
Comm. 468.1: From Public Works and Intergovernmental Relations Committee (PWIRC) Chair
Brenda Ford, dated August 19, 2009, waiving this matter to the Council. (On
August 18, 2009, the PWIRC meeting was cancelled due to technical difficulties
with the videoconference lines.)
Bill 124: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 8, Division 3,
Section 24-212.1 (Standing in active loading and unloading zones), paragraph (a),
by amending the time allotted to load/unload within an active loading/unloading
zone to a period not to exceed fifteen minutes. Amendment addresses a need to
provide more time for loading/unloading activities, as the current five-minute
allotment, on average, has proven to be inadequate.)
Re: Comm. 469
Intr. by: Ms. Ford
Waived: PWIRC
PASSED 1~" READING:
AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikcda_
Yagong_ and Chair Yoshimoto - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Nacolc and Onis}hi - 2.
EXCUSED: Nonc.
;and
Hawaii County Council-22 Page 8 September 2, 2009
Comm. 469.1: From Public Works and Intergovernmental Relations Committee (PWIRC) Chair
Brenda Ford, dated August 19, 2009, waiving this matter to the Council. (On
August 18, 2009, the PWIRC meeting was cancelled due to technical difficulties
with the videoconference lines.)
Bill 126: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants - Driving Under the Influence (DUI) and Crash Reconstruction
Traffic Safety Training ($30,000); appropriates same to DUI and Crash
Reconstruction Traffic Safety Training Grant. Funds would be used to implement a
project that includes assignment of a deputy prosecuting attorney to be the
Statewide Traffic Safety Resource Prosecutor, provide statewide training for police
and prosecutors, and for participation at monthly statewide traffic commanders
meetings.)
Re: Comm. 476
Intr. by: Mr. Yagong
Approve: FC-81
PASSED 1 ~ ' READING:
A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_
Y'agong_ and Chair Yosliimoto - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Nacolc and Onishi - 2.
EXCUSED: Nonc.
Bill 127: 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 Federal
Grants - Hawaii (HI) Impact Grant ($4,898); appropriates same to HI Impact
Grant. The purpose of the grant is to combat the methamphetamine drug problem in
the County by conducting sting operations. Funds would be used to cover travel
and overtime costs and to purchase equipment and supplies necessary to conduct
these operations by the Police Department.)
Re: Comm. 477
Intr. by: Mr. Yagong
Approve: FC-82
PASSED 1 READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc_ )'a(Tong_ and Chair )'oshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
Hawaii County Council-22 Page 9 September 2, 2009
Bill 128: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in the
following: Federal Grants - Justice Assistance Grant (JAG) Recovery Act -
Prosecutors ($150,000) and Federal Grants - JAG Recovery Act - Police
($216,489), for a total of $366,489); appropriates to the following: JAG Recovery
Act - Prosecutors ($150,000) and JAG Recovery Act - Police ($216,489), for a
total of $366,489.}
Re: Comm. 478
Intr. by: Mr. Yagong
Approve: FC-84
PASSED 1'' READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_
Nacolc_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
Bill 133: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in Fund
Balance Reserved for Liquor Control ($25,000); appropriates same to Public
Programs ($25,000). Funds would be used to support the Department of Liquor
Control's Drug, Alcohol and Tobacco Program for high school student-athletes who
conduct alcohol awareness and prevention of underage drinking training to fifth
graders in the respective feeder schools; and to support Project Grad activities.}
Re: Comm. 489
Intr. by: Mr. Yagong
Waived: FC
PASSED 1' ' READING:
A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_
Nacolc_ Onishi_ )'agong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
11:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS
Hawaii County Council-22 Page 10 September 2, 2009
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 101 Amends Ordinance No. 98-8 Which Reclassified Lands from Agricultural - 5 Acres
(Draft 2): (A-5a) to Residential and Agricultural - .5 Acre (RA-.5a) 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. 408.3
Intr. by: Ms. Ford
Deferred: July 22, 2009
1St Reading: August 5, 2009
Held Over Pursuant
to Council Rule 25(e): August 19, 2009
PASSED FINAL READING:
AYES: Council Nlcmbcrs Enriqucs_ Ford_ G-ccimcll_ Il;ccla_ Nacolc_
Y'agong_ and Chair Yoshimoto - 7.
NOES: Council Mcmbcr Hoffmann - 1.
ABSENT: Council Mcmbcr Ornishi - 1.
EXCUSED: Nonc.
(Note: There is a pending motion by Mr. Ikeda and duly seconded by
Ms. Naeole to approve Bill 101, as amended (Draft 2).)
Bill 103 Amends Chapter 5, Article 1, Section 5-1.0.8, and Chapter 21, Article 2,
(Draft 3): 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. 413.5
Intr. by: Ms. Ford
Deferred: July 22, 2009 (Bill 103)
Held Over: August 5, 2009 (Bill 103; See note below)
1St Reading: August 19, 2009
PASSED 2'''A_ FINAL READING:
AYES: Council Mcrnbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Ornishi - 1.
EXCUSED: Nonc.
(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 Committee 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.)
Hawaii County Council-22 Page 11 September 2, 2009
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)
1 st Reading: August 19, 2009
PASSED FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_
Nacolc_ )'agong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
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
1st Reading: August 19, 2009
PASSED 2"" c FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_
Nacolc_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
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
1 st Reading: August 19, 2009
PASSED 2'''& FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_
Nacolc_ )'agong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
Hawaii County Council-22 Page 12 September 2, 2009
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
1st Reading: August 19, 2009
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2''' & FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc_ )'a(Tong_ and Chair )'oshimoto - S.
NOES: Nonc.
ABSENT: Council Mcmbcr Onnishi - 1.
EXCUSED: Nonc.
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
1 st Reading: August 19, 2009
PASSED 2'''' cX FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikcda_
Nacolc_ )'agon(,_ and Chair )'oshimoto - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Onnishi - 1.
EXCUSED: Nonc.
Hawaii County Council-22 Page 13 September 2, 2009
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
1st Reading: August 19, 2009
PASSED 2'''& FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc- )'a(Tong_ and Chair )'oshimoto - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Ornis}hi - 1.
EXCUSED: Nonc.
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
1st Reading: August 19, 2009
PASSED 2"`" & FINAL READING:
A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_
Nacolc_ Yagong_ and Cliair Y'oshimoto - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Onishi - 1.
EXCUSED: Nonc.
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
1st Reading: August 19, 2009
PASSED 2'''' & FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc_ Yagong_ and Cliair Y'osliimoto - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Ornishi - 1.
EXCUSED: Nonc.
Hawaii County Council-22 Page 14 September 2, 2009
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
1 st Reading: August 19, 2009
PASSED FINAL READING:
AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_
Nacolc_ )'agong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
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
1st Reading: August 19, 2009
PASSED 2'''& FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikcda_
Nacolc_ )'agong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Ornishi - 1.
EXCUSED: Nonc.
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
1st Reading: August 19. 2009
POSTPONED AT THE CALL OF THE CHAIR
Hawaii County Council-22 Page 15 September 2, 2009
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 a Two-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
1 st Reading: August 19, 2009
PASSED FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll, 11:cda_ Nacolc_
)'agong_ and Chair Yoshimoto - 7.
NOES: Council Mcmbcr Hoffmann - 1.
ABSENT: Council Nlciiibcr Onishi - 1.
EXCUSED: Nonc.
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`uokalam 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
1 st Reading: August 19, 2009
PASSED 2'''', FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Hoffmann- Ihcda_ Nacolc_
)'agong_ and Chair Yoshimoto - 7.
NOES: Council Mcmbcr Grccimcll - 1.
ABSENT: Council Mcmbcr Ornishi - 1.
EXCUSED: Nonc.
Hawaii County Council-22 Page 16 September 2, 2009
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
1st Reading: August 19, 2009
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2''' & FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Hoffmann- Ikeda. Nacolc_
Yagong_ and Chair Yoshimoto - 7.
NOES: Council Nlcmbcr Grccmvcll - 1.
ABSENT: Council Nlcmbcr OnWW - 1.
EXCUSED: None.
Bill 321A 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
Postponed: October 22, 2008, and August 5, 2009
1st Reading: August 19, 2009
PASSED 2`" & FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grnn"dL Hoffmann- Hwda_
Nacolc_ Yagong_ and Chair Yoshimoto -8.
NOES: None.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: None.
REPORTS
Comm. 399.1: MAMALAHOA HIGHWAY BYPASS 180-DAY REPORT
From Public Works Director Warren H. W. Lee, dated August 19, 2009,
transmitting the above report. The 180-day report is a requirement of the Hawaii
County Council and 1250 Oceanside Partners to determine if the Mamalahoa
Highway Bypass should remain open for limited public use beyond September 4,
2009. (Attachments to this report include daily vehicle counts, vehicle usage along
various routes, and a summary of the 60-day report.)
FILED
(Note: As contained Communication 502, the Council may need to hold an
executive meeting closed to the public pursuant to Hawaii Revised Statues
Hawaii County Council-22 Page 17 September 2, 2009
Section 92-5(4) to consult with the board's attorney on questions and issues
pertaining to the board's powers, duties, privileges, immunities, and liabilities
regarding this communication.)
REFERRALS FOR EXECUTIVE SESSION
Comm. 500: DEBBIE F. BALISE, ET AL. VS. HARRY KIM, ET AL. CIVIL NO. 08-1-0303
From Deputy Corporation Counsel Brooks L. Bancroft- dated August 20, 2009.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 482: COUNTY OF HAWAII V. C&J COUPE FAMILY LIMITED PARTNERSHIP,
CIV. NOS. 00-1-0181K AND 05-1-015K (CONSOLIDATED CASES), SUPREME
COURT NO. 29887, AND MAMALAHOA HIGHWAY BYPASS
From Deputy Corporation Counsel Joseph K. Kamelamela, dated August 12, 2009,
requesting attorney-client confidential discussion in executive session to consult
with the Council on questions and issues pertaining to its powers, duties, privileges,
immunities and liabilities regarding the status of the appeal and matters relating to
the construction of the Mamalahoa Highway Bypass.
FILED
The Council anticipates convening an executive meeting regarding the following matter, pursuant to Section
92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the
Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to FIRS 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 3:21> p.rn.
Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to
introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or
opposition to the proposal.
The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this
meeting should call 961-8255 by August 31, 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 call 961-8255.
Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "FIRS") §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 nd Floor, 333 Kilauea Avenue, Hilo.
Hawaii County Council-22 Page 18 September 2, 2009
Public Attendance Via Videoconference is available at the locations(s) above and at the Waimea Council Office at
the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, until 4:30 p.m., or later in the event public witness
testimony has not been completed. If audio stream between Kona and Hilo is lost for more than a short period of
time, the meeting will be terminated.
Submitting Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for
distribution. 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 Aupum Street, Hilo, Hawaii, 96720; (2) by facsimile to
(808) 961-8912; or (3) by e-mail to counciltestimon va,co.hawaii.hi.us. Please submit separate testimony for
each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesday's, September 9 and 16 at 6 p.m.; Friday's, September 11 and 18 at 12 p.m.; and Sunday's,
September 13 and 20 at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature.
UPCOMING MEETINGS
MONDAY, SEPTEMBER 14, 2009
COUNCIL PUBLIC 6:30 P.M. COUNCIL ROOM - HILO
HEARING RE 333 Kilauea Avenue
RES. 218-09 (COUNCIL Ben Franklin Building
REORGANIZATION) Second Floor
TUESDAY, SEPTEMBER 15, 2009
COMMITTEES TBA COUNCIL ROOM - HILO
333 Kilauea Avenue
Ben Franklin Building
Second Floor
WEDNESDAY, SEPTEMBER 16, 2009
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
333 Kilauea Avenue
Ben Franklin Building
Second Floor
TUESDAY, OCTOBER 6, 2009
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, OCTOBER 7, 2009
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA