HomeMy WebLinkAboutAGE COUNCIL 12/16/2009 2008-2010
J YOSHIMOTO
Chair & Presiding Officer
EMILY I. NAEOLE-BEASON
Vice Chair
29th Session
INVOCA TION
CALL TO ORDER
ROLL CALL
COUNTY COUNCIL
County ofHawai'i
Hawai 'i County Building
25 Aupuni Street
Hila, Hawai 'i 96720
ORDER OF BUSINESS
Hawai'i County Council
Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawai'i
Wednesday, December 16, 2009
9:00 a.m.
Reverend Tullos Jones of Kona Baptist Church
PLEDGE OF ALLEGIANCE
APPROV AL OF MINUTES
GUY ENRIQUES
BRENDA FORD
KELLY GREENWELL
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
DOMINIC Y AGONG
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(Note: Please turn celt 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-29 Page 2 December 16, 2009
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS, ORDER OF
RESOLUTIONS, AND BILLS FOR ORDINANCES (FIRST READING)
COMMUNICATIONS
Comm. 628.2: AD HOC COMMITTEE FORMED ON DECEMBER 2, 2009 - RESIGNATION
OF AD HOC COMMITTEE MEMBER DOMINIC YAGONG
From Council Chair J Yoshimoto, dated December 10, 2009, transmitting the
attached memorandum from Council Member Yagong who is requesting the
withdrawal of his membership from the Committee. Since Mr. Yagong is resigning,
he will consider adding another member to the Ad Hoc Committee should any
Council Member wish to serve.
Comm. 648: ACCEPTANCE OF MONETARY AND MERCHANDISE DONATIONS TO THE
DEPARTMENT OF PARKS AND RECREATION
From Finance Director Nancy E. Crawford, dated December 1, 2009, requesting the
acceptance of monetary and merchandise donations by various donors to the Parks
and Recreation Department for the Pana`ewa Rainforest Zoo and Gardens'
Halloween ZooBoo event held on October 31 (ATT. "A"); and the re-pavement of
the Kamehameha Park tennis courts, which was completed by various community
volunteers and is valued at $54,375 (ATT. `B").
Waived: FC
ORDER OF RESOLUTIONS
Res. 271-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $14,525 out and from Geothermal Other Current Expenses
Account; credits same to Geothermal Finance Other Current Expenses Account.
Funds would be used towards rent of the Pahoa Council Office.)
Re: Comm. 610
Intr. by: Mr. Onishi
Approve: FC-117
Postponed: December 2, 2009
(Note: There is a pending motion by Mr. Onishi and duly seconded by
Ms. Naeole-Beason to approve Resolution 271-09.)
;and
Comm. 610.2: From County Clerk Kenneth G. Goodenow, dated December 9, 2009, requesting
that the Council not pass Resolution 271-09. (States that the money for rent of the
former Elections Office is in the Clerk's Office current fiscal year budget, making
the transfer from the Geothermal Other Currents Expenses Account unnecessary).
Hawaii County Council-29 Page 3 December 16, 2009
Res. 286-09: Authorizes the Acceptance of a Donation of a Fire Truck from the Kohala Ranch
Community Association to the County of Hawaii Fire Department. {The new 2010
Freightliner M2106 fire truck will be assigned to the Kohala Ranch Volunteer Fire
Station to provide emergency services to Kohala Ranch and the South Kohala
geographic areas (total estimated value of $150,000).}
Re: Comm. 645
Intr. by: Mr. Onishi
Waived: FC
Res. 287-09: Authorizes the Acceptance of a Monetary Donation of $2,000 to the Hawaii Fire
Department. {Donated by Mr. Dillion H. Braun and TI-LE-AN Management, Inc.,
the funds would be used to purchase equipment related to the mission of providing
ocean safety operations and public safety education programs.)
Re: Comm. 646
Intr. by: Mr. Onishi
Waived: FC
Res. 288-09: Authorizes the Acceptance of a Donation of Three Automated External
Defibrillators to the Department of Parks and Recreation. {Donated by Mr. Richard
T. Mamiya, M.D., with a value of $6,095.72, and the defibrillators would be placed
at the Afook-Chinen Civic Center, the Edith Kanaka`ole Tennis Stadium, and the
Pana`ewa Rainforest Zoo.)
Re: Comm. 647
Intr. by: Mr. Onishi
Waived: FC
Res. 289-09: Regarding County of Hawaii Wastewater Improvement Projects and a Request for
Stimulus Funds from the Federal American Recovery and Reinvestment Act and
Other Federal Sources to Complete Those Projects. {Wastewater improvement
projects, which are listed in this measure, totals $136,038,000. States that Hawaii
County intends to comply with the requirements of the State Department of Health
and the U.S. Environmental Protection Agency; and requests that stimulus funds
and additional grants be given from the various Federal departments/agencies to
complete the projects and restart the economy.}
Re: Comm. 649
Intr. by: Ms. Ford
Waived: EMC
Hawaii County Council-29 Page 4 December 16, 2009
BILLS FOR ORDINANCES (FIRST READING)
Bill 183: 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
Contribution from Private Source ($2,000); appropriates same to West Hawaii
Ocean Safety Equipment.)
Re: Comm. 646
Intr. by: Mr. Onishi
Waived: FC
10:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS
(NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.)
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 154 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 3): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural - 5 Acres (A-5a) to Multiple Family Residential -
30,000 Square Feet (RM-30) at Keauhou, North Kona, Hawaii, Covered by Tax
Map Key: 7-8-010:101 (approx. 51.058 acres). {Kona Country Club, Inc.,
Applicant.)
Re: Comm. 554.9
Intr. by: Mr. Ikeda
1St Reading: December 2, 2009
Bill 168: Amends Chapter 18, Article 4, Subsection 18-90(h), of the Hawaii County Code
1983 (2005 Edition, as Amended), Relating to Public Transportation. {Requests an
extension of the island-wide k6kua zone for an additional year, through
December 31, 2010.}
Re: Comm. 595
Intr. by: Mr. Enriques
1St Reading: November 18, 2009
;and
Comm. 595.2: From Council Member Brenda J. Ford, dated November 23, 2009, transmitting
proposed amendments to Bill 168.
Hawaii County Council-29 Page 5 December 16, 2009
Bill 169: Amends the Hawaii County General Plan, as Adopted by Ordinance No. 05-25, as
Amended, Relating to the Conversion from a Single Planning Commission to
Windward and Leeward Planning Commissions. {Amends the General Plan to
reflect the Charter amendment that created the Windward and Leeward Planning
Commissions.)
Re: Comm. 604
Intr. by: Mr. Ikeda
1St Reading: December 2, 2009
Bill 171: 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 County Police Department (HCPD) Data Grant ($3,000);
appropriates same to HCPD Data Grant. Funds would be used to establish a
statewide traffic data system and ensure compliance with national standards.)
Re: Comm. 612
Intr. by: Mr. Onishi
1St Reading: December 2, 2009
Bill 172: 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 County Police Department (HCPD) Roadblock Program ($3,340);
appropriates same to HCPD Roadblock Program. Funds would be used to reduce
the number of alcohol related fatalities and injuries, increase public awareness, and
provide a constant deterrence against impaired driving by conducting impaired
driving roadblocks on our highways.)
Re: Comm. 613
Intr. by: Mr. Onishi
1St Reading: December 2, 2009
Bill 173: 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 - Court House Booking Project ($99,000); appropriates same to
Court House Booking Project.}
Re: Comm. 614
Intr. by: Mr. Onishi
1St Reading: December 2, 2009
Hawaii County Council-29 Page 6 December 16, 2009
Bill 174: 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 FIRE:
Makalei Fire Station - Federal ($4,114,000); funds shall be provided from Federal
Grants Receivable ($4,114,000). Funds would be used towards the construction of
the new fire station in North Kona.)
Re: Comm. 615
Intr. by: Mr. Onishi
1St Reading: December 2, 2009
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 175 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
(Draft 2): 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 - 20,000 Square Feet (CG-20) at Waiakea Houselots, Second
Series, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-022:008
(approx. 20,314 square feet). {Janice Oshiro, Applicant.}
Re: Comm. 619.2
Intr. by: Mr. Ikeda
1St Reading: December 2, 2009
Bill 176: 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 Limited Industrial - 20,000 Square Feet (ML-20) to Industrial-
Commercial Mixed - 20,000 Square Feet (MCX-20) at Waiakea, South Hilo,
Hawaii, Covered by Tax Map Key:2-2-032:024 (52,457 square feet). {American
Trading Co., Ltd., Applicant.)
Re: Comm. 620
Intr. by: Mr. Ikeda
1St Reading: December 2, 2009
Bill 177: Amends Ordinance No. 92-70 Which Reclassified Lands from Single Family
Residential - 15,000 Square Feet (RS-15) to Village Commercial - 10,000 Square
Feet (CV-10) at Nanawale Homesteads, Puna, Hawaii, Covered by Tax Map
Key: 1-5-014:007 (approx. 1.625 acres). {Request: Amendment to Conditions C
and D of Change of Zone Ordinance No. 92-70. Hara Land Development,
Applicant.)
Re: Comm. 621
Intr. By: Mr. Ikeda
1St Reading: December 2, 2009
REPORTS
Hawaii County Council-29 Page 7 December 16, 2009
REFERRALS FOR EXECUTIVE SESSION
Comm. 650: HAWAIIAN DREDGING CONSTRUCTION COMPANY'S EQUITABLE
ADJUSTMENT PROPOSAL ON KUAKINI HIGHWAY WIDENING - PALANI
ROAD TO HUALALAI ROAD, PROJECT NO. P-3278, FEDERAL AID PROJECT
NUMBER STP-0110(1), KAILUA-KONA, HAWAII
From Deputy Corporation Counsel Joseph K. Kamelamela, dated December 4,
2009.
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 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 December 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):
• Sheraton Keauhou Bay Resort & Spa, 78-128 Ehukai Street, Kona; and
• County Council Room, 25 Aupuni Street, 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.
Hawaii County Council-29 Page 8 December 16, 2009
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 Aupuni 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, December 23 and 30, 2009, at 6 p.m.; Friday's, December 25, 2009, and January 1, 2010, at
12 p.m.; and Sunday's, December 27, 2009, and January 3, 2010, at 9 a.m. These airtimes are subject to
preemption by broadcasts from the State Legislature.
UPCOMING MEETINGS
TUESDAY, JANUARY 5, 2010
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
WEDNESDAY, JANUARY 6, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
FRIDAY, JANUARY 22, 2010
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA