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Home My WebLink AboutAGE COUNCIL 12/16/2009 2008-2010 ACTIONS J YOSHIMOTO OJN<V OF M1~, GUY ENRIQUES Chair & Presiding Officer BRENDA FORD KELLY GREENWELL EMILY L NAEOLE-BEASON PETE HOFFMANN Vice Chair DONALD IKEDA ,TE OF'NF'~ DENNIS "FRESH" ONISHI DOMINIC YAGONG COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 29th Session ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Wednesday, December 16, 2009 9:00 a.m. INVOCATION Reverend Tullos Jones of Kona Baptist Church CALL TO ORDER 9:06 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL 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-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. APPROVED N1R. YAGONG-S RESIGNATION FROM THE AD HOC COMMITTEE: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll, Hoffmann, 11,cda_ Nacolc- Onislii_ and Chair Yoshhimoto - 8. NOES: Nonc. ABSENT: Council Nlcmbcr)'agong - I. EXCUSED: Nonc. 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 APPROVED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ihcda_ Nacolc, Onishi_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McrnbcrYagong - 1. EXCUSED: Nonc. Hawaii County Council-29 Page 3 December 16, 2009 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 FILED DUE TO THE FOLLOWING VOTE: AYES: Nonc. NOES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- 11:ccla_ Nacolc. Onishi_ and Chair Yoshimoto - 8. ABSENT: Council McrnbcrYagong - 1. EXCUSED: Nonc. (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). 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 ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_ Nacolc_ Onishi, and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong - I. EXCUSED: Nonc. Hawaii County Council-29 Page 4 December 16, 2009 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 ADOPTED: AYES: Council Members Enriqucs_ Ford_ Grecimcll_ Hoffmann- Ikecla_ Nacolc- Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council McmberYagong - I. EXCUSED: None. 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 ADOPTED: AYES: Council Members Enriqucs_ Ford_ Grnn"dL Hoffmann- Iheda_ Nacolc, Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council McmbcrYagong - I. EXCUSED: None. 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 ADOPTED: AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikeda_ Nacolc_ Onishi, and Chair Yoshimoto - 8. NOES: None. ABSENT: Council McmbcrYagong - I. EXCUSED: None. Hawaii County Council-29 Page 5 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 PASSED 1'' READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Il:cda_ Nacolc_ Onishi, and Chair )'oshimoto - 8. NOES: Nonc. ABSENT: Council Nlcmbcr)'agong - I. EXCUSED: Nonc. 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 PASSED 2"`" c~ FINAL READING: A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Il;ccla_ Nacolc_ Onishi_ and Cliair Y'oshimoto - 7. NOES: Council Mcmbcr Hoffmann - 1. ABSENT: Council McmbcrYagong - I. EXCUSED: Nonc. Hawaii County Council-29 Page 6 December 16, 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 AMENDED TO DRAFT 2& PASSED 2'''& FINAL READING: A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ and Chair )'oshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong - I. EXCUSED: Nonc. ;and Comm. 595.2: From Council Member Brenda J. Ford, dated November 23, 2009, transmitting proposed amendments to Bill 168. 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 1 st Reading: December 2, 2009 PASSED 2'''A_ FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_ Nacolc_ Onishi, and Chair )'oshimoto - 8. NOES: Nonc. ABSENT: Council Nlcmbcr)'agong - I. EXCUSED: Nonc. 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 PASSED 2'''' cX FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikeda_ Nacolc_ Onishi, and Chair )'oshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong - I. EXCUSED: Nonc. Hawaii County Council-29 Page 7 December 16, 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 PASSED 2`' c FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grnn"dl_ Hoffmann_ Hwda_ Nacolc, Onishi_ and Chair Yoshimoto - S. NOES: None. ABSENT: Council McmbcrYagong - 1. EXCUSED: None. 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 1 st Reading: December 2, 2009 PASSED 2'''& FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ GwcnxNcll, Hoffmann, Ikeda- Nacolc_ Onishi, and Chair Yoshimoto - 8. NOES: None. ABSENT: Council NlcmbcrYagong - I. EXCUSED: None. 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, 2014 {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 PASSED 2'''& FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ GwcnxNcll, Hoffmann, Ikeda- Nacolc_ Onishi, and Chair Yoshimoto - 8. NOES: None. ABSENT: Council NlcmbcrYagong - I. EXCUSED: None. Hawaii County Council-29 Page 8 December 16, 2009 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 PASSED 2`' c FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ (Awn"cll_ Ikeda. Nacolc_ Onishi_ and Chair- Yoshimoto - 7. NOES: Council Mcmbcr Hoffmann - 1. ABSENT: Council McmbcrYagong - 1. EXCUSED: None. 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 (MCS020) 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 PASSED 2"`" c~ FINAL READING: AYES: Council Members Enriqucs_ Ford_ Grecimcll_ Hoffmann- 11:ccla_ Nacolc, Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council McmberYagong - I. EXCUSED: None. Hawaii County Council-29 Page 9 December 16, 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 1 st Reading: December 2, 2009 PASSED FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll, 11:cda_ Nacolc_ Onishi_ and Chair Yoshimoto - 7. NOES: Council Mcmbcr Hoffmann - 1. ABSENT: Council NlcmbcrYagong - I. EXCUSED: Nonc. REPORTS 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. POSTONED TO THE CALL OF THE CHAIR: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann- Nacolc_ and Chair Yoshimoto - 6. NOES: Nonc. ABSENT: Council Nlcmbcrs Ikeda- Onishi_ and Yagong- EXCUSED: Nonc. 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 FIRS 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 Hawaii County Council-29 Page 10 December 16, 2009 ADJOURNMENT 12 : > 6 p. m. 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. 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