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Home My WebLink AboutAGE COUNCIL 10/07/2009 2008-2010 Vice Chair GUY ENRIQUES BRENDA FORD KELLY GREENWELL DONALD IKEDA EMILY I. NAEOLE DENNIS "FRESH" ONISHI DOMINIC Y AGONG J YOSHIMOTO Chair & Presiding Officer PETE HOFFMANN COUNTY COUNCIL County of H awai' i Hawai'i County Building 25 Aupuni Street Hilo, Hawai 'i 96720 ORDER OF BUSINESS ~ ~ c.g Cf) rT1 -0 C...:> o :D rn ~~!' ;:':';'W~;~ < ri'i i-J ~ e; 24th Session -0 :::.:3 1-4 Hawai'i County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawai'i "" -..J Wednesday, October 7, 2009 9:00 a.m. INVOCA TION Pastor Jason Meechan of Thy Word Ministries - Kona CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROV AL 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-24 Page 2 October 7, 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. 400.4: REMOVAL OF JEFFREY ALEXANDER FROM THE NORTH KOHALA COMMUNITY DEVELOPMENT PLAN (CDP) COMMITTEE From Mayor William P. Kenoi, dated September 9, 2009, requesting approval to remove Mr. Alexander from the North Kohala CDP Committee. Waived: PC ORDER OF RESOLUTIONS Res. 218-09: Designates the County Council's Vice Chair and the Chairs and Vice Chairs of the County Council's Standing Committees, as follows: Council Vice Chair - Emily Naeole; Public Works and Intergovernmental Relations - Guy Enriques, Chair, and Kelly Greenwell, Vice Chair; Planning - Donald Ikeda, Chair, and Guy Enriques, Vice Chair; Finance - Dennis Onishi, Chair, and Donald Ikeda, Vice Chair; Food and Energy Sustainability - Brenda Ford, Chair, and Pete Hoffmann, Vice Chair; Public Safety and Parks and Recreation - Dominic Yagong, Chair, and Dennis Onishi, Vice Chair; Environmental Management - Kelly Greenwell, Chair, and Brenda Ford, Vice Chair; and Human Services and Economic Development - Emily Naeole, Chair, and Dominic Yagong, Vice Chair. {Rescinds Resolution Numbers 02-09, 05-09, 06-09, 07-09, 08-09, 09-09, 10-09, 11-09, 200-09, 201-09, and 217-09.) Re: Comm. 463 Intr. by: Mr. Enriques Postponed: August 5, 2009 (Public Hearing to be held on September 14, 2009) Public Hearing: September 14, 2009 (Note: There is a pending motion by Mr. Enriques and duly seconded by Ms. Naeole to approve Resolution 218-09.) Res. 220-09 Urges Congress to Pass Legislation Requiring the Labeling of All Food Products in (Draft 3): the United States that have been Genetically Engineered or Contain Ingredients that have been Genetically Engineered. Re: Comm. 472.7 Intr. by: Mr. Yoshimoto Approve: EMC-6 Held Over Pursuant to Council Rule 25(e): September 16, 2009 (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Mr. Ikeda to approve Resolution 220-09, as amended (Draft 3).) Hawaii County Council-24 Page 3 October 7, 2009 Res. 232-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $955,123.86 out and from Wireless E911 System Account; credits same to Wireless E911 Account. In 2007, Data Systems Department initiated a contract to hire a consultant/contractor to perform services for the Police Department with E911 wireless grant funds. Due to the nature of the contract, the Police Department and Data Systems have agreed that it would be best that the contract be moved to the Police Department.) Re: Comm. 515 Intr. by: Mr. Yagong Approve: FC-88 Res. 233-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $18,000 out and from the following: Kokua Counseling - Client Assistance Account ($10,000) and Kokua Counseling - Affordable Counseling Operations Account ($8,000), for a total of $18,000; credits $18,000 to Big Island Substance Abuse Council (BISAC) - Kokua Employee Assistance Program Account. Funds would be used by BISAC to provide affordable professional counseling, therapy, and education.) Re: Comm. 516 Intr. by: Mr. Yagong Approve: FC-89 Res. 234-09: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for the Victims of Crime Act Grant Funded by the American Recovery and Reinvestment Act. {Funds would be used to provide assistance services to victims of felony and misdemeanor violent crimes.) Re: Comm. 517 Intr. by: Mr. Yagong Approve: FC-90 Res. 236-09: Approves Honolulu City and County Council Member Romy Cachola to the Board of Directors of the National Association of Counties (NACo). {On August 17, 2009, the Hawaii State Association of Counties Executive Committee unanimously approved Mr. Cachola to be a president's appointee to the NACo Board of Directors for the 2009-2010 term.) Re: Comm. 524 Intr. by: Mr. Onishi Waived: PWIRC Hawaii County Council-24 Page 4 October 7, 2009 Res. 239-09: Authorizes the Mayor or His Duly Authorized Representative to Negotiate, Execute and Submit the Necessary Application for the Construction of the Kaloko Housing Project in North Kona, the Economic Development Initiative Funds Grant Agreement and Other Related Documents to the U.S. Department of Housing and Urban Development. {The U.S. Department of Housing and Urban Development Appropriations Act provides for Economic Development Initiative Funds of $475,000 towards the construction of the Kaloko Housing Project.) Re: Comm. 531 Intr. by: Mr. Hoffmann Approve: CHA - September 15, 2009 Res. 244-09: Encourages the Mayor to Hire a Qualified Person to Serve as the Coordinator for the Planning, Development, Negotiation, Purchase, Installation, and Operation of the Federally Mandated Island-wide Radio Tower System. {Encourages the Mayor to begin the process to hire a qualified person to coordinate and oversee the planning, selection, negotiation, purchase, installation, and maintenance of a County-wide radio system that meets federal requirements} Re: Comm. 544 Intr. by: Mr. Ikeda Waived: FC 11:30 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) Bill 119: 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 the following: Alaula Street; Ali`i `Anela Street; Ali`i Kane Street, from Hawaii Belt Road to a point 0.6 miles in the southerly direction; Ali`i Koa Street; Anuhea Street; Mokuna Street; Old Volcano Road; and Pa Ali`i Street. Amendment updates the Hawaii County Code to reflect existing conditions and supports the Police Department in its speed limit enforcement operations.) Re: Comm. 464 Intr. by: Ms. Ford Approve: PWIRC-41 Hawaii County Council-24 Page 5 October 7, 2009 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 Postponed: September 16, 2009 (Note: There is a pending motion by Mr. Ikeda and duly seconded by Mr. Yagong to approve Bill 136.) ; and Comm. 494.13: From Council Member Brenda J. Ford, dated September 14, 2009, transmitting proposed amendments, which are listed in this Communication, regarding Bill 136. 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 Postponed: September 16, 2009 (Note: There is a pending motion by Mr. Ikeda and duly seconded by Ms. Naeole to approve Bill 137.) ; and Comm. 495.4: A map of Palamanui submitted by Council Member Brenda Ford; and Comm. 495.6: From Council Member Brenda J. Ford, dated September 15, 2009, transmitting proposed amendments, which are listed in this Communication, regarding Bill 137. Hawaii County Council-24 Page 6 October 7, 2009 Bill 138: 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 24-254, Schedule 2 (20 mile per hour limit), paragraph (f), Kona, by adding Kealakaa Street in the school zone fronting Kealakehe Elementary School, from a point five hundred ninety feet north of Palam Road and extending one thousand six hundred forty feet in the northerly direction while speed limit sign beacons are flashing. Amendment would enhance driver awareness of the Kealakehe Elementary school zone and minimize risk to school children by mitigating the increase in traffic due to the recent openings of Manawalea Street and Keanalehu Drive and consequential connection to Queen Kaahumanu Highway.) Re: Comm. 507 Intr. by: Ms. Ford Approve: PWIRC-42 Bill 139: 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, by adding Keanalehu Drive. Amendment updates the Hawaii County Code to match the posted speed limit on the existing portion of Keanalehu Drive and the new portion of Keanalehu Drive as apart of the La`i`opua Connector Road Project.) Re: Comm. 508 Intr. by: Ms. Ford Approve: PWIRC-43 Bill 140: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 7, Division 2, Section 24-149 (Maximum speed limit), by adding Twenty miles per hour. In any school zone, the beginning of which is demarcated by a school speed limit sign supplemented with a flashing speed limit sign beacon, and the end of which is demarcated by an end school zone or standard speed limit sign.) Re: Comm. 509 Intr. by: Ms. Ford Approve: PWIRC-44 Hawaii County Council-24 Page 7 October 7, 2009 Bill 141: 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 (g), Puna, by deleting Paragraph 16; and amends Chapter 24, Article 10, Division 2, Section 24-265, Schedule 13 (Yield locations), paragraph (g), Puna, by adding Mahi`ai Road, northeast approach at the Amaumau Road intersection. Amendment clarifies who has the right-of-way at the subject intersection.) Re: Comm. 511 Intr. by: Ms. Ford Waived: PWIRC Bill 143: 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 24-254, Schedule 2 (20 mile per hour limit), paragraph (g), Puna, by deleting subparagraph (6) (Wright Road in Volcano Village). Amendment updates the Hawaii County Code.} Re: Comm. 513 Intr. by: Ms. Ford Approve: PWIRC-45 Bill 144: 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:2-2-035:034 (approx. 22,300 square feet). {Conrad and Joanne Dakujaku, Applicant.} Re: Comm. 514 Intr. by: Mr. Ikeda Approve: PC-47 Bill 145: 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 - Victims of Crime Act - American Recovery and Reinvestment Act (ARRA) ($99,567); appropriates same to Victims of Crime Act - ARRA. ) Re: Comm. 517 Intr. by: Mr. Yagong Approve: FC-91 Hawaii County Council-24 Page 8 October 7, 2009 Bill 150: 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 Block Grant Program Income ($95,222.26); appropriates same to Removal of Architectural Barriers.) Re: Comm. 530 Intr. by: Mr. Hoffmann Approve: CHA - September 15, 2009 Bill 151: 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 - Economic Development Initiative Kaloko Housing Project ($475,000); appropriates same to Kaloko Housing Project.{ Re: Comm. 531 Intr. by: Mr. Hoffmann Approve: CHA - September 15, 2009 Bill 152: 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: Hawaiian Ocean View Estates Water Facilities Project ($400,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($400,000). Additional funds are required to increase the reservoir size to 300,000 gallons and provide for additional standpipe for water haulers (enhancing the current design to allow for future expansion of the water system).) Re: Comm. 550 Intr. by: Mr. Yagong Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 153: Planning Director Initiated: Amends Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Agricultural Tourism. {Extends the 12-month amnesty period (November 20, 2009) for non-permitted agricultural tourism operations to 18 months (May 20, 2010). { Re: Comm. 551 Intr. by: Mr. Ikeda Waived: PC Hawaii County Council-24 Page 9 October 7, 2009 2:15 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 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 1St Reading: September 16, 2009 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 1St Reading: September 16, 2009 REPORTS FC-92 Recommends acceptance of the post-audit Financial Audit Report of the County of (Comm. 520): Hawai `i for the Fiscal Year Ended June 30, 2008, and Management Letter dated May 27, 2009, as prepared by KPMG LLP. PC-46 Recommends confirmation of Mr. Riley Saito (Council District 8) to the Kailua (Comm. 506): Village Design Commission. Hawaii County Council-24 Page 10 October 7, 2009 REFERRALS FOR EXECUTIVE SESSION Comm. 532: HIRING OF SPECIAL COUNSEL SPECIALIZING IN BOND ISSUES IN THE HOKULIA CASE From Corporation Counsel Lincoln S. T. Ashida, dated September 21, 2009, requesting an executive meeting for the purpose of discussing with the Council the hiring of special counsel specializing in bond work to assist Corporation Counsel attorneys in the Hokuli`a case. Comm. 552: WEST HAWAII TODAY V. COUNTY COUNCIL OF THE COUNTY OF HAWAII, ET. AL. CIVIL NO. 09-1-279K From Corporation Counsel Lincoln S. T. Ashida, dated September 25, 2009. The Council anticipates convening an executive meeting regarding the above matters, pursuant to Sections 92-4 and 92-5(a)(4), for the purpose of discussing the hiring of special counsel specializing in bond work to assist Corporation Counsel attorneys in the Hokuli`a litigation, and to consult 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 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 October 5, 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. Hawaii County Council-24 Page 11 October 7, 2009 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, 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, October 14 and 21, 2009, at 6 p.m.; Friday's, October 16 and 23, 2009, at 12 p.m.; and Sunday's, October 18 and 25, 2009, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS 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 TUESDAY, NOVEMBER 3, 2009 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, NOVEMBER 4, 2009 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor