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HomeMy WebLinkAboutAGE COUNCIL 09/16/2009 2008-2010 J YOSHIMOTO Chair & Presiding Officer PETE HOFFMANN Vice Charr 23'd Session INVOCA nON CALL TO ORDER ROLL CALL COUNTY COUNCIL County of Hawal 'I Hawol 'I County BUlldmg 25 A upum Street Hila, HawOl ',96720 ORDER OF BUSINESS Hawal'l County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hllo, Hawai'i Wednesday, September 16,2009 9'00 a m. Reverend Sohko Kukl of Hllo HooganJI MISSion PLEDGE OF ALLEGIANCE APPROV AL OF MINUTES GUY ENRIQUES BRENDA FORD KELLY GREENWELL DONALD IKEDA EMILY I NAEOLE DENNIS "FRESH" ONISHI DOMINIC Y AGONG ,,-) ,-~, - , :'::: '~--' 0' r" _.~ u: ,~ :3 ,~ C'0 I'>.;) (Note Please turn cell phones, pagers, and other mobile communication deVices on stlent mode) Serving the Interests of the People of Our Island Hawa!'1 County Is an Equal Opportunity Provider and Employer, Hawaii County Council-23 Page 2 September 16, 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. 220-09 Urges Congress to Pass Legislation Requiring the Labeling of All Food Products in (Draft 2): the United States that have been Genetically Engineered or Contain Ingredients that have been Genetically Engineered. Re: Comm. 472.5 Intr. by: Mr. Hoffmann Approve: EMC-6 ;and Comm. 472.4: From Council Chair J Yoshimoto, dated September 3, 2009, transmitting a copy of Alaska's Senate Bill 25 as requested at the Environmental Management Committee meeting held on September 1, 2009; and Comm. 472.6: From Council Chair J Yoshimoto, dated September 3, 2009, transmitting proposed amendments to Resolution 220-09, Draft 2. Res. 221-09 Accepts the Dedication of Road Lot 47 (Akamai Street) (3.311 acres), Road Lot 48 (Draft 2): (Aniani Street) (.410 acre), Road Lot 49 (Aloha Place) (.937 acre), and Road Lot 50 (Aniani Street) (.639 acre), of Hualalai Vistas Subdivision, Being Tax Map Key:(3)7-3-007:027, Situate at Kohanaiki, District of North Kona, County and State of Hawaii, from Hualalai Vista, LLC. }Dedication of road lots would be for road and drainage purposes.) Re: Comm. 473.2 Intr. by: Ms. Ford Approve: PWIRC-36 Res. 222-09: Accepts the Surrender of Derby Lane (Hoku Street to Barenaba Street) and a Portion of Wilson Street (Derby Lane to Kilauea Avenue), Situate in the District of South Hilo, County and State of Hawaii, as County Roads. }Hawai`i Revised Statutes, Section 264-1(c)(2) states the surrender of public highways or trails shall be deemed to have taken place if no act of ownership by the owner of the road, alley, street, bikeway, way, lane, trail, or bridge has been exercised for five years and when, in the case of a county highway, in addition thereto, the legislative body of the county has, thereafter, by a resolution, adopted the same as a county highway or trail. } Re: Comm. 474 Intr. by: Ms. Ford Approve: PWIRC-37 Hawaii County Council-23 Page 3 September 16, 2009 Res. 224-09 Allows Council Members to Voluntarily Request to Transfer Any Amount Within (Draft 2): Individual Salary Limits 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. 480.4 Intr. by: Mr. Onishi Approve: FC-85 Held Over Pursuant to Council Rule 25(e): September 2, 2009 (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Ms. Naeole to approve Resolution 224-09, as amended (Draft 2).) Res. 226-09: Urges the Hawaii State Board of Education to Move the Keaukaha School Cafeteria Project Into the Top Ten on the Department of Education CIP Allotment Priority List. {Act 162 of the Hawaii State Legislature, appropriates funds for the operating and capital improvement budget of the Executive Branch for the State's Fiscal Years 2009-2010 and 2010-2011, which includes funds for a new Keaukaha School Cafeteria.) Re: Comm. 486 Intr. by: Mr. Onishi Approve: PWIRC-38 Res. 227-09: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for a Multi-Year (5 Years) Lease for a Copier for the Department of Finance. {The lease on the Accounts Division's current copier will expire soon and they wish to enter into another lease for a multi-function copier, which will be shared by the Finance Administration and Budget Office once the move back to the County Building is complete.) Re: Comm. 490 Intr. by: Mr. Yagong Approve: FC-86 Res. 228-09: Accepts the Dedication of Park Site, Being Tax Map Key:(3)2-7-040:010 (approx. 2.003 acres), Situate at Pauka`a, District of South Hilo, County and State of Hawaii, from Hilo One, Incorporated. {Dedication would be for park purposes, in compliance with Condition I of Ordinance No. 96-121.} Re: Comm. 496 Intr. by: Mr. Enriques Approve: PSPRC-16 Hawaii County Council-23 Page 4 September 16, 2009 Res. 229-09: Authorizes a Grant of Easement for Access Purposes to Amy B. H. Greenwell Ethnobotanical Gardens, Kealakekua, Hawaii. {Authorizes the Finance Director to grant a 20 year easement to Bishop Museum pursuant to Chapter 2, Article 19, Hawaii County Code, and Section 10-11, Hawaii County Charter, across Arthur C. Greenwell County Park (described in "Exhibit A"), and that such grant of easement is subject to reversion to the County of Hawaii upon its termination or abandonment or closure to the public.) Re: Comm. 497 Intr. by: Ms. Ford Approve: PWIRC-39 Res. 230-09: Authorizes the Abandonment of Road Remnant "R" (Portion of Tax Map Key: (3)2-6-010), and Exchange of Real Property with Paulette L. Pang-Ching (Tax Map Key:(3)2-6-010:039), and Lawrence S. Ojiri and Gwen S. Ojiri (Tax Map Key:(3)2-6-010:079), Situate at Kaiwiki, South Hilo, Hawaii. {Due to heavy rain, Kaiwiki Road, which is owned and maintained by the County of Hawaii has collapsed, undermining the roadway. Improvements will cause the need for land to be acquired from the Ojiri's and Pang-Ching's for use by the County to reconstruct the roadway, and they have agreed with the County to exchange that portion of their parcels needed by the County for equal parcels of unused County rights-of-way on the opposite side of their properties (see "Exhibits A and B").) Re: Comm. 498 Intr. by: Ms. Ford Approve: PWIRC-40 Res. 235-09: Authorizes the Mayor to Enter Into an Agreement for Services with the United States Department of Agriculture Natural Resources Conservation Service ("NRCS"), for Federal Funding for the Design of the Kaumana Drive Flood Protection Phase of the Wailuku-Alenaio Watershed. {The Federal government will provide funds ($191,000) for a professional service contract to design the Kaumana Drive Flood Protection Phase of the Wailuku-Alenaio Watershed. This agreement will commit the County to execute and manage a professional service contract for the project under the guidance, technical assistance, and in concurrence with the NRCS. } Re: Comm. 521 Intr. by: Mr. Yagong Waived: FC 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) Hawaii County Council-23 Page 5 September 16, 2009 BILLS FOR ORDINANCES (FIRST READING) Bill 134: 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 PUBLIC WORKS: Mid-Level Road (Ane Keohokalole Highway) - Federal ($10,000,000); funds shall be provided from Federal Grants Receivable ($10,000,000). The increase in appropriation is being made in the event additional stimulus monies become available and would be used to construct a new major collector road from the intersection of Palam Road and Henry Street to Hina Lam Street.) Re: Comm. 491 Intr. by: Mr. Yagong Approve: FC-87 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 135: Amends Section 25-8-7 (North and South Kohala Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 20 Acres (A-20a) to Family-Agricultural - 3 Acres (FA-3a) at Kahua and Waika, North Kohala, Hawaii, Covered by Tax Map Key:5-9-005:004 and 005 (approx. 45.011 acres). {Dr. Virgil Place, Applicant.) Re: Comm. 493 Intr. by: Mr. Ikeda Approve: PC-43 Bill 136: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Project District (PD) to Industrial-Commercial Mixed - 20,000 Square Feet (MCX-20) at Ka`u, North Kona, Hawaii, Covered by Tax Map Key:7-2-005:001 (approx. 29.920 acres). {Palamanui Global Holdings LLC, Applicant.) Re: Comm. 494 Intr. by: Mr. Ikeda Approve: PC-44 Bill 137: Amends Ordinance No. 06-105 Which Reclassified Lands from Agricultural - 3 Acres (A-3a) and Open (O) to Project District (PD) at Ka`u, North Kona, Hawaii, Covered by Tax Map Key:7-2-005:001 (approx. 695.282 acres). {Palamanui Global Holdings LLC, Applicant. The applicant requests amendments to Conditions D, G, N, Q, S, X, EE, PP, TT, and UU of Ordinance No. 06-105.} Re: Comm. 495 Intr. by: Mr. Ikeda Approve: PC-45 Hawaii County Council-23 Page 6 September 16, 2009 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) 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 1St Reading: September 2, 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 1St Reading: August 19, 2009 Postponed: September 2, 2009 (Note: There is a pending motion by Ms. Naeole and duly seconded by Ms. Ford to approve Bill 116.) 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 1St Reading: September 2, 2009 Hawaii County Council-23 Page 7 September 16, 2009 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 1St Reading: 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 1St Reading: September 2, 2009 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 1St Reading: September 2, 2009 Hawaii County Council-23 Page 8 September 16, 2009 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 1St Reading: September 2, 2009 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 1St Reading: 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 1St Reading: September 2, 2009 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 1St Reading: September 2, 2009 Hawaii County Council-23 Page 9 September 16, 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.) 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 call 961-8255 by September 14, 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 "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): • Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-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, 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. Hawaii County Council-23 Page 10 September 16, 2009 Viewing of Meetings on Government Access Television - Channel 52: Wednesday's, September 23 and 30 at 6 p.m.; Friday's, September 25 and October 2 at 12 p.m.; and Sunday's, September 27 and October 4 at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS 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 TUESDAY, OCTOBER 20, 2009 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, OCTOBER 21, 2009 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor