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Home My WebLink AboutAGE COUNCIL 11/04/2009 2008-2010 J YOSHIMOTO Chair & Presiding Officer EMILY I. NAEOLE Vice Chair 26th Session INVOCATION CALL TO ORDER ROLL CALL COUNTY COUNCIL County ofHawai'i Hawai 'i County Building 25 Aupuni Street Hilo, Hawai'i 96720 ORDER OF BUSINESS Hawai'i County Council 333 KTlauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawai'i Wednesday, November 4,2009 9:00 a.m. GUY ENRIQUES BRENDA FORD KELL Y GREENWELL PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI DOMINIC Y AGONG Reverend Larry Walter of First United Protestant Church PLEDGE OF ALLEGIANCE APPROV AL OF MINUTES """ c::;:;:> c:::::> ~ Q C'? -1 N (.C.l ::n :3 1- H (J1 CO (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-26 Page 2 November 4, 2009 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) COMMUNICATIONS Comm. 596: NOMINATIONS TO THE PUNA COMMUNITY DEVELOPMENT PLAN (CDP) ACTION COMMITTEE From Mayor Billy Kenoi, dated October 22, 2009, submitting for confirmation the following individuals to the Puna CDP Action Committee: Mr. Laurence Higgins, Mr. Jeffrey Krepps, and Mr. John Timothy "Tim" Tunison (to serve 2-year terms); Ms. Barbara Bell, Mr. Frank Commendador, and Mr. Wesley Owens (to serve 3-year terms); and Ms. Madeline Greene, Mr. Keikialoha Kekipi, and Mr. Daniel Taylor (to serve 4-year terms). Waived: PC ORDER OF RESOLUTIONS Res. 205-09 Urges Congress to Support and Provide Federal Funding for the Highest Priority (Draft 4): Capital Improvement Projects in the County of Hawaii. {Creates one priority list as a unified Council of capital improvement projects throughout the Big Island and respectfully requests that Congress support and provide Federal funding for the priority projects listed (Exhibit A).} Re: Comm. 420.19 Intr. by: Mr. Yoshimoto Approve: PWIRC-52 ;and Comm. 420.18: From Council Member Dominic Yagong, dated October 21, 2009, transmitting a proposed amendment to Resolution 205-09, Draft 4; and Comm. 420.20: From County Clerk Kenneth G. Goodenow, dated October 27, 2009, transmitting a proposed amendment to Resolution 205-09, Draft 4, based on one project per Council Member, and stating that at the October 20, 2009, Public Works and Intergovernmental Relations Committee meeting, the procedure for ranking these Capital Improvement Projects (CIP) was discussed. Based on that discussion, transmits procedures for the prioritization of CIP requests. Hawaii County Council-26 Page 3 November 4, 2009 Res. 206-09 Urges the Hawaii State Legislature to Support and Provide State Funding for the (Draft 4): Highest Priority Capital Improvement Projects in the County of Hawaii. {Creates one priority list as a unified Council of capital improvement projects throughout the Big Island and respectfully requests that the State Legislature support and provide State funding for the priority projects listed (Exhibit A).} Re: Comm. 421.18 Intr. by: Mr. Yoshimoto Approve: PWIRC-53 ;and Comm. 421.19: From County Clerk Kenneth G. Goodenow, dated October 27, 2009, transmitting a proposed amendment to Resolution 206-09, Draft 4, based on one project per Council Member, and stating that at the October 20, 2009, Public Works and Intergovernmental Relations Committee meeting, the procedure for ranking these Capital Improvement Projects (CIP) was discussed. Based on that discussion, transmits procedures for the prioritization of CIP requests. Res. 216-09: Authorizes the Sale of Certain Former Hamakua Sugar Company, Inc., Lands Now Under County Ownership. {Resolves that the Council, through its authority under Sections 2-112 and 2-113 of the Hawaii County Code, that it approves of and directs the Finance Director or authorized representative to proceed with the sale by auction or sale by sealed bid, of so much as may be necessary of the former Hamakua Sugar Company, Inc., lands now under County ownership (delineated in "Exhibit A").) Re: Comm. 452 Intr. by: Mr. Yoshimoto Approve: FC-105 Res. 238-09: Requests the Hawaii State Legislature to Amend the Comprehensive Public Funding Program for the County of Hawaii Council Elections. {Requests that the Legislature raise the limit set for the execution of this pilot prgram from $300,000 to $500,000 to better insure the success of this program.) Re: Comm. 528 Intr. by: Mr. Hoffmann Negative: PWIRC-54 (due to a vote of 4-ayes and 5-noes) Res. 249-09: Declares the County of Hawai`i's Commitment to Sustainability Principles by Setting a Path Toward Implementation of the Policies Developed by the Mayor's Green Team. {Formalizes the Mayor's Green Team and promotes a sustainable future by incorporating principles based upon science into County policies and operations.) Re: Comm. 562 Intr. by: Ms. Ford Approve: FESC-2 Hawaii County Council-26 Page 4 November 4, 2009 Res. 250-09: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Transportation, Pursuant to HRS 46-7, for a Job Access and Reverse Commute Grant. {The grant is intended to provide increased transportation service for working commuters and for those seeking employment. Funds would be used to establish additional routes and frequency of bus service, which include additional weekday and weekend service.) Re: Comm. 564 Intr. by: Mr. Onishi Approve: FC-99 Res. 251-09: Authorizes the Office of the Mayor to Enter Into an Inter-Governmental Agreement (5 Years) with the City and County of Honolulu, Pursuant to HRS 46-7, for Real Property Tax Support Services; and Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year. {Through a cost sharing agreement, certain services will be provided to support our County's real property tax program.) Re: Comm. 565 Intr. by: Mr. Onishi Approve: FC-101 Res. 253-09: Accepts the Donation of Lot 4-13 (approx. 3,713 square feet) and Easement "A," (approx. 200 square feet) Situate at Honok6hau 2nd, District of North Kona, County and State of Hawaii, Identified as Tax Map Key:(3)7-4-006:037 (Portion), from Church of Christ, Kona, Hawaii, Incorporated. {As part of the Palam Road improvements, the County added a left-turn lane and drainage easement, which requires the acquisition of this land.) Re: Comm. 567 Intr. by: Mr. Enriques Approve: PWIRC-51 Res. 254-09: Regarding the American Reinvestment and Recovery Act (ARRA). {Requests the Council discuss the ARRA with our Congressional Members, State Legislature, and the Governor to secure an increase in ARRA relief in an effort to revitalize the economy; educate ourselves with the purpose and application of the ARRA; and commit to participate in promoting the goals and objectives of the ARRA. } Re: Comm. 573 Intr. by: Mr. Greenwell Approve: FC-103 Hawaii County Council-26 Page 5 November 4, 2009 Res. 255-09: Requests the County Council to Pursue Federal Funding for Removal of the Old Kona Dump. {Requests that the Council pursue Federal funds to prevent an environmental disaster.) Re: Comm. 574 Intr. by: Mr. Greenwell Approve: FC-104 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) 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) Postponed (Pending a Public Hearing to be Held at Call of the Chair): October 21, 2009 Public Hearing: November 2, 2009 (Note: There is a pending motion by Mr. Yagong and duly seconded by Ms. Ford to approve Bill 132, Draft 3) Bill 155: 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 Agricultural - 3 Acres (A-3a) to Family Agricultural - 1 Acre (FA-la) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-4-031:008 (approx. 5.50 acres). {Edward Nagata, Applicant.} Re: Comm. 556 Intr. by: Mr. Ikeda Approve: PC-48 Hawaii County Council-26 Page 6 November 4, 2009 Bill 156: Planning Director Initiated: Amends the County of Hawaii General Plan as Adopted by Ordinance No. 05-25 and Amended by Ordinance No. 06-153 by Amending Map 11 of the Land Use Pattern Allocation Guide Map by Changing the Land Use Designation from Urban Expansion to Open at Kealakehe, North Kona, Hawaii. {Designates the area affecting State-owned lands in the vicinity of and south of Honok6hau Harbor located at Kealakehe from "Urban Expansion" to "Open."} Re: Comm. 557 Intr. by: Mr. Ikeda Approve: PC-49 Bill 157: Amends Chapter 14, Article 12, Section 14-71 and Section 14-72 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Official Bulletin Board. {Reinstates the original location of the County's official bulletin board to 25 Aupum Street, Hilo, to be effective on December 1, 2009.} Re: Comm. 561 Intr. by: Mr. Enriques Approve: PWIRC-50 Bill 158: 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: Kaumana Drive Flood Protection Project ($191,000); funds shall be provided from Federal Grants Receivable ($191,000). Funds would be used towards the preparation of construction plans and specifications to provide flood protection to homes along Kaumana Drive between Chong Street and one-half mile above Wilder Road.) Re: Comm. 563 Intr. by: Mr. Onishi Approve: FC-98 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 159: 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 - Job Access and Reverse Commute ($312,716); appropriates same to Job Access and Reverse Commute Grant.) Re: Comm. 564 Intr. by: Mr. Onishi Approve: FC-100 Hawaii County Council-26 Page 7 November 4, 2009 Bill 160: Authorizes the Issuance of General Obligation Bonds of the County of Hawaii for the Purpose of Funding All or a Portion of the Costs of Various Improvement Projects for the Department of Water Supply; Fixes the Form, Denominations, and Certain Other Details of Such Bonds and Provides for Their Sale to the Public; and Authorizes the Taking of Other Actions Relating to the Issuance and Sale of the Bonds. {Authorizes the issuance of $31,000,000 in general obligation bonds for the Department of Water Supply (DWS). The DWS will reimburse the General Fund for the related debt service on the bonds and the cost of issuance.) Re: Comm. 570 Intr. by: Mr. Onishi Approve: FC-102 3:30 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 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 1St Reading: October 21, 2009 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 1St Reading: October 21, 2009 Hawaii County Council-26 Page 8 November 4, 2009 Bill 147 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): 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 northern 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. 523.2 Intr. by: Mr. Ikeda 1St Reading: October 21, 2009 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 1St Reading: October 21, 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. Postponed: October 21, 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.) Hawaii County Council-26 Page 9 November 4, 2009 ANNOUNCEMENTS ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by November 2, 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. 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, November 11 and 18, 2009, at 6 p.m.; Friday's, November 13 and 20, 2009, at 12 p.m.; and Sunday's, November 15 and 22, 2009, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS TUESDAY, NOVEMBER 17, 2009 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, NOVEMBER 18, 2009 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-26 Page 10 November 4, 2009 WEDNESDAY, DECEMBER 2, 2009 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, DECEMBER 15, 2009 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, DECEMBER 16, 2009 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA