HomeMy WebLinkAboutAGE COUNCIL 10/21/2009 2008-2010
Vice Chair
GUY ENRIQUES
BRENDA FORD
KELLY GREENWELL
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
DOMINIC Y AGONG
J YOSHIMOTO
Chair & Presiding Officer
EMILY I. NAEOLE
COUNTY COUNCIL
County of Hawai 'i
Hawai 'i County Building
25 Aupuni Street
Hilo, Hawai 'i 96720
25th Session
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ORDER OF BUSINESS
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Hawai'i County Council
333 KIlauea Avenue
(Ben Franklin Building)
Second Floor, Council Room
Hilo, Hawai'i
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Wednesday, October 21, 2009
9:00 a.m.
INVOCATION
Reverend Larry Walter of First United Protestant Church
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-25 Page 2 October 21, 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. 237-09 Urges Hawaii State and Federal Legislators to Amend Vaccine Laws to Include the
(Draft 2): Right of Medical, Religious, and Philosophical Exemption from Mandated
Vaccination Programs. {Recommends that State and Federal officials amend
vaccine laws to include medical, religious, and philosophical exemptions from
mandatory vaccine programs that contain thimersol or squalene, as well as any
vaccine known to contain harmful viruses or materials known to prompt
autoimmune diseases or cancer risks shall provide cause for exemption for any
person who desires such exemption.)
Re: Comm. 525.2
Intr. by: Ms. Naeole
Approve: HSEDC-3
Res. 241-09: Regarding Future Intersection Design of the Queen Ka`ahumanu Highway Phase II
Widening. {Requests that Huliko`a Drive intersection remain a full-movement
intersection in the design of the Queen Ka`ahumanu Highway Phase II Widening,
and that access to the shoreline at Kohanaiki be studied to determine whether
modifications can be made to allow for a full-movement intersection.)
Re: Comm. 534
Intr. by: Mr. Greenwell
Approve: PWIRC-49
Res. 242-09: Regarding Islandwide Bicycle Safety. {Resolves that the Council initiate near-term
remedies for areas deemed hazardous for bicycling and other physical recreational
sports and to address long-term design and planning for a safe bicycle system, as
well as promote the process of visioning a bicycle system as a predominant feature
of islandwide planning.)
Re: Comm. 535
Intr. by: Mr. Greenwell
Approve: PSPRC-18
Hawaii County Council-25 Page 3 October 21, 2009
Res. 243-09: Authorizes the Extension of the Public Sewer from the UH Hilo Entrance at Parcel
2-4-056:017 to the Intersection of Leilani/Manono Street for the State of Hawaii,
University of Hawaii at Hilo, Hawaii. {The project will consist of installing a new
sewer line in Lanikaula Street, `Iolam Street, and Leilam Street (parallel to existing
sewer lines that are owned and maintained by the County of Hawai`i). Due to the
additional sewer connections along Lanikaula Street, the applicant will be eligible to
exercise reimbursement under conditions stated in Section 21-28(a) of the Hawaii
County Code.)
Re: Comm. 543
Intr. by: Mr. Greenwell
Approve: EMC-7
;and
Comm. 543.1: From County Clerk Kenneth G. Goodenow, dated October 12, 2009, transmitting
"Attachment A," which was inadvertently not included as part of the resolution.
Res. 245-09: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for a Multi-Year Lease (5 Years) for a Copier for the Office of
Management. {A multi-function copier/fax/scanner would replace their current
copier, thus increasing the productivity and efficiency of their department.)
Re: Comm. 545
Intr. by: Mr. Yagong
Approve: FC-94
Res. 246-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $1,063,950 out and from State Incentive Grant Account;
credits same to Strategic Prevention Framework - State Incentive Grant Account.
The Mayor's Office will assume control and responsibility of the project which is
intended to assess, build capacity, and plan for implementation of evidence based
underage drinking prevention activities.)
Re: Comm. 546
Intr. by: Mr. Yagong
Approve: FC-95
Res. 247-09: Creates a Program Manager Position for the Office of Management. {This exempt
temporary position is fully funded by the Hawaii Strategic Prevention Framework-
State Incentive Grant. This project is intended to assess, build capacity, and plan for
implementation of evidence-based underage drinking prevention activities.)
Re: Comm. 547
Intr. by: Mr. Yagong
Approve: FC-96
Hawaii County Council-25 Page 4 October 21, 2009
Res. 248-09: Authorizes the Acceptance of a Monetary Donation of $1,000 to the Hawaii Fire
Department. {Donated by Wal-Mart Hilo as part of its "Community Grant"
program, the funds would be used towards educational materials relating to fire and
injury prevention (to be distributed to the public during Fire Prevention Week,
Emergency Medical Services Week, and throughout the year at other public
events).)
Re: Comm. 548
Intr. by: Mr. Yagong
Approve: FC-97
Res. 256-09: Authorizes the Director of Finance to Negotiate a Lease of Real Property, Being a
Portion of 34 Rainbow Drive (Old Hilo Hospital Complex), Situate at Pi`ihonua,
District of South Hilo, County and State of Hawaii, and Identified as Being a
Portion of Tax Map Key:(3)2-3-026-008, to Hawaii Correctional Industries.
{Three-year lease would be for a portion of the first and third floors of Ward B of
the Old Hilo Hospital in order for Hawaii Correctional Industries to conduct its
training and skills program and provide work opportunities for able-bodied inmates
of appropriate security status given the closure of the Kulam Correctional Facility.)
Re: Comm. 575
Intr. by: Mr. Onishi
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 54 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-Ia) 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 and 19, 2009
(Note: There is a pending motion by Ms. Naeole and duly seconded by
Mr. Onishi to approve Bill 54, Draft 4.)
;and
(Comm. 207.10 continues on the next page.)
Hawaii County Council-25 Page 5 October 21, 2009
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; and
Comm. 207.12: Copy of an e-mail from Applicants Willie and Dixie Minson, dated August 13,
2009, requesting that Bill 54, Draft 4, be postponed to the October 21, 2009,
Council meeting with the hope of resolving "Condition G" with the Public Works
Department.
Bill 132 Amends Chapter 2, Article 19, Hawaii County Code 1983 (2005 Edition, as
(Draft 3): Amended) Relating to Council Approval for Certain County Land Transactions.
{Amends Sections 2-112 through 2-114 to require approval by the Council through
a resolution as submitted by the director of finance for land transactions for real
property that is ten acres or larger, or appraised in value at or in excess of $500,000.
The resolution shall include the final bid price, intended use of the property, and the
name or names of the prospective buyer. This does not apply to real property
obtained by the County through foreclosure due to non-payment of real property
taxes.}
Re: Comm. 488.41
Intr. by: Mr. Yagong
Negative: FC-93 (due to a vote of 4-ayes, 3-noes, and
2-absent)
Bill 142: Amends Chapter 14, Article 1, Section 14-2.2 and Section 14-2 of the Hawaii
County Code 1983 (2005 Edition, as Amended), Relating to Consumption of
Intoxicating Liquors at Isaac Kepo`okalam Hale Beach Park. {Removes Isaac Hale
Beach Park from Section 14-2.2, which allows intoxicating liquors between the
hours of 10 a.m. through 10 p.m.; and adds Isaac Kepo`okalani Hale Beach Park to
Section 14-2, which requires a permit for intoxicating liquors between the hours of
10 a.m. through 10 p.m.)
Re: Comm. 512
Intr. by: Ms. Naeole
Approve: PSPRC-17
Bill 146: 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 24-280, Schedule 28 (No parking at any time), paragraph (c), South Hilo, by
adding Pi`ihonua Road, both sides, beginning from the northern terminus of
Bridge 25-1, extending .5 mile in the northwesterly direction.}
Re: Comm. 522
Intr. by: Mr. Ikeda
Approve: PWIRC-46
Hawaii County Council-25 Page 6 October 21, 2009
Bill 147: 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 24-281, Schedule 29 (Parking prohibited during certain hours on certain
streets; tow-away zone), paragraph (c), South Hilo, by adding Pi`ihonua Road, both
sides, beginning at the southern terminus of Bridge 25-2 to the southern terminus of
Bridge 25-1, between the hours of 6 p.m. and 6 a.m.}
Re: Comm. 523
Intr. by: Mr. Ikeda
Approve: PWIRC-47
Bill 148: 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 Pi`ihonua Road, from a point .7 mile northwest of the terminus of
Waianuenue Avenue at the southern terminus of Bridge 25-2 to its western
terminus. Amendment would lessen the speed limit.)
Re: Comm. 527
Intr. by: Mr. Ikeda
Approve: PWIRC-48
2:00 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 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.)
Re: Comm. 464
Intr. by: Ms. Ford
1St Reading: October 7, 2009
Hawaii County Council-25 Page 7 October 21, 2009
Bill 136 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
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. 494.14
Intr. by: Ms. Ford
1St Reading: October 7, 2009
Postponed: September 16, 2009
Bill 137 Amends Ordinance No. 06-105 Which Reclassified Lands from Agricultural - 3
(Draft 2): 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. 495.13
Intr. by: Ms. Ford
1St Reading: October 7, 2009
Postponed: September 16, 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.)
Re: Comm. 507
Intr. by: Ms. Ford
1St Reading: October 7, 2009
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
1St Reading: October 7, 2009
Hawaii County Council-25 Page 8 October 21, 2009
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
1St Reading: 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
1St Reading: October 7, 2009
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
1St Reading: October 7, 2009
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
1St Reading: October 7, 2009
Hawaii County Council-25 Page 9 October 21, 2009
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
1St Reading: 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
1St Reading: October 7, 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
1St Reading: October 7, 2009
Bill 152 Amends Ordinance No. 09-65, as Amended, Relating to Public Improvements and
(Draft 2): 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. 550.2
Intr. by: Mr. Enriques
1St Reading: October 7, 2009
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Hawaii County Council-25 Page 10 October 21, 2009
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
1St Reading: October 7, 2009
REPORTS
REFERRALS FOR EXECUTIVE SESSION
Comm. 568: WEST HAWAII TODAY V. COUNTY COUNCIL, ET. AL. CIVIL
NO. 09-1-279K; BRENDA FORD V. COUNTY COUNCIL, ET. AL. CIVIL
NO. 09-1-415K
From Corporation Counsel Lincoln S. T. Ashida, dated October 7, 2009.
The Council anticipates convening an executive meeting regarding the above matter, pursuant to Sections 92-4
and 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, including but not limited to the hiring of special
counsel. 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 19, 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-25 Page 11 October 21, 2009
Public Attendance Via Videoconference is available at the following locations until 4:30 p.m., or later in the event
public witness testimony has not been completed:
• Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and
• Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5.
If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the
scheduled meeting will continue.
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 28 and November 4, 2009, at 6 p.m.; Friday's, October 30 and November 6, 2009, at
12 p.m.; and Sunday's, November 1 and 8, 2009, at 9 a.m. These airtimes are subject to preemption by
broadcasts from the State Legislature.
UPCOMING MEETINGS
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
TUESDAY, NOVEMBER 17, 2009
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, NOVEMBER 18, 2009
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA