HomeMy WebLinkAboutAGE COUNCIL 01/22/2010 2008-2010
J YOSHIMOTO
Chair & Presiding Officer
EMILY I. NAEOLE-BEASON
Vice Chair
3 151 Session
INVOCA TION
CALL TO ORDER
ROLL CALL
COUNTY COUNCIL
County of Hawai'i
Hawai 'i County Building
25 A upuni Street
Hilo, Hawai'i 96720
ORDER OF BUSINESS
Hawai'i County Council
Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawai'i
Friday, January 22, 20 I 0
9:00 a.m.
Reverend Tullos Jones ofKona Baptist Church
PLEDGE OF ALLEGIANCE
APPROVAL 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 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-31 Page 2 January 22, 2010
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. 675: ACCEPTANCE OF A DONATION BY MR. CLIFFORD KITAGAWA
(NURSERY THINGS, INC.)
From Finance Director Nancy E. Crawford, dated January 11, 2010, requesting the
acceptance of horticultural ground cover and staples (estimated total value of
$133.15), to the Parks and Recreation Department for the greenhouse structure at
the Pana`ewa Rainforest Zoo and Gardens.
Waived: FC
ORDER OF RESOLUTIONS
Res. 281-09: Encourages the Decriminalization of the Use of Marijuana. {Urges the State
Legislature to initiate legislation that would decriminalize the cultivation,
possession, and use of marijuana.)
Re: Comm. 639
Intr. by: Mr. Greenwell
Negative: PWIRC-64
Res. 282-09: Assumes Management, Control and Responsibility for All of the Island of Hawai`i's
Small Boat Harbors, Launch Ramps and Boating Facilities. {Encourages the Mayor
to work with the Governor to formulate a detailed plan for the County to acquire full
control of the small boat harbors, launch ramps, and other boating facilities on this
island.)
Re: Comm. 640
Intr. by: Mr. Greenwell
Negative: PSPRC-22
Hawaii County Council-31 Page 3 January 22, 2010
Res. 290-09: 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 a Hawaii
Narcotics Task Force -Recovery Act Grant. {Funds would be used to maintain a
narcotics taskforce of personnel from the Hawaii County, Maui, and Kauai Police
Departments; increase knowledge of vice officers by providing training in such
topics as narcotic investigations, current drug trends, smuggling and distribution
techniques, and State/Federal laws that impact the taskforce; and conduct quarterly
meetings to coordinate joint operations and training, as well as other enforcement
efforts, and to share information.)
Re: Comm. 658
Intr. by: Mr. Onishi
Approve: FC-133
Res. 291-09: 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 Section 5311
Non-Urbanized Formula Program Grant for the Hawaii County Mass Transit
Agency. {Funds would be used to provide increased transportation services for
working commuters and for those seeking employment, as well as provide for
operating costs to establish additional routes and frequency of bus service (includes
additional weekday and weekend service).)
Re: Comm. 661
Intr. by: Mr. Onishi
Approve: FC-137
Res. 293-10: Urges the State Legislature and the Governor to Support the Continued Funding of
Transient Accommodations Tax (TAT) Revenues to the Counties at Current Levels.
{Urges the State Legislature and the Governor to work with the counties to ensure
that we continue to receive our fair share of the TAT revenues.)
Re: Comm. 676
Intr. by: Mr. Yoshimoto
Waived: FC
1:30 P.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
Hawaii County Council-31 Page 4 January 22, 2010
BILLS FOR ORDINANCES (FIRST READING)
Bill 182: Amends Chapter 24, Article 7, Section 24-167 of the Hawaii County Code 1983
(2005 Edition, as Amended), Relating to Operation of Vehicles. {Requires that
when a vehicle is towing another, the drawbar or other emergency connection be
equipped with an additional safety chain(s); requires that every trailer to be operated
upon a public highway shall, in addition to a tow bar, be equipped with a safety
chain(s).)
Re: Comm. 642
Intr. by: Mr. Enriques
Approve: PWIRC-62
Postponed: January 6, 2010
(Note: There is a pending motion by Mr. Enriques and duly seconded by
Ms. Naeole-Beason to approve Bill 182.)
;and
Comm. 642.1: From Finance Director Nancy E. Crawford, dated December 28, 2009, transmitting
amendments to Bill 182; and
Comm. 642.2: From Finance Director Nancy E. Crawford, dated January 5, 2010, requesting that
Bill 182 be deferred to the Council's January 22, 2010, meeting.
Bill 184: 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 - 7,500 Square Feet (RS-7.5) and
Multiple-Family Residential - 1,000 Square Feet (RM-1) to Multiple-Family
Residential - 1,500 Square Feet (RM-1.5) at Kukuau 1st, South Hilo, Hawaii,
Covered by Tax Map Key:2-4-025:048, 053, and 080 (Parcel 1 approx.
16,130 square feet; Parcel 2 approx. 203,844 square feet). {Giampaolo "Paul"
Boschetti, Applicant.)
Re: Comm. 652
Intr. by: Mr. Ikeda
Approve: PC-62
Bill 185: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 4,
Section 24-276, Schedule 24 (Crosswalks), paragraph (f), Kona, by adding
"Ali`i Drive in Kailua-Kona, one hundred seventy feet north of Sarona Road,
fronting Moku`aikaua Church." The new crosswalk will consist of ADA
improvements such as curb ramps.)
Re: Comm. 653
Intr. by: Mr. Enriques
Approve: PWIRC-63
Hawaii County Council-31 Page 5 January 22, 2010
Bill 187: 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: Wailoa Flood Channel Dredging ($200,000); funds shall be
provided from General Obligation Bonds, Capital Projects Fund - Fund Balance
and/or Other Sources ($200,000). Funds would be used towards the design/survey
phase of the Wailoa Flood Channel Dredging Project to dredge the lower reach of
the existing Wailoa Flood Control Channel to previously authorized depths to
re-establish the channel capacity.)
Re: Comm. 657
Intr. by: Mr. Onishi
Approve: FC-132
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 188: 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 - Hawaii Narcotics Task Force - Recovery Act ($113,885);
appropriates same to Hawaii Narcotics Task Force - Recovery Act.}
Re: Comm. 658
Intr. by: Mr. Onishi
Approve: FC-134
Bill 189: Amends Chapter 7, Article 2, Section 7-8 of the Hawaii County Code 1983 (2005
Edition, as Amended), Relating to Civil Defense, Disaster Control. {Regulates the
use of water spigots and updates water hauling charges during times of declared
emergency.)
Re: Comm. 659
Intr. by: Mr. Onishi
Approve: FC-135
Bill 190: 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 - Healthy Aging/Chronic Disease Self Management ($28,348); appropriates
same to Healthy Aging/Chronic Disease Self Management. Funds would be used
towards the continued implementation of the Office of Aging's Chronic Disease
Self Management Program, which is an evidence-based prevention program.)
Re: Comm. 660
Intr. by: Mr. Onishi
Approve: FC-136
Hawaii County Council-31 Page 6 January 22, 2010
Bill 191: 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 - Section 5311 Non-Urbanized Formula Program ($25,154);
appropriates same to Section 5311 Non-Urbanized Formula Program Grant.}
Re: Comm. 661
Intr. by: Mr. Onishi
Approve: FC-138
Bill 192: Designates a Portion of TMK:(3) 2-1-017:018 as " Lalakea Pond Beach Park"
Pursuant to Chapter 15, Article 8, Section 15-67 of the Hawaii County Code 1983
(2005 Edition, as Amended) and Amends Chapter 15, Article 8, Section 15-68.1 of
the Hawaii County Code 1983 (2005 Edition, as Amended) to Add " Lalakea Pond
Beach Park" to the Parks and Recreational Facilities Schedule. {Renames a portion
of Leleiwi Beach Park to Lalakea Pond Beach Park. Subject parcel is an aesthetic
area located in the Keaukaha area of South Hilo, bounded by the direct extensions
of Lokoaka Street and Kioea Street to the shoreline.)
Re: Comm. 662
Intr. by: Mr. Onishi
Approve: PSPRC-21
Bill 198: 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) - County
($3,500,000); funds shall be provided from General Obligation Bonds, Capital
Projects Fund - Fund Balance and/or Other Sources ($3,500,000). Funds would be
used towards various work items, primarily utility lines and other related
improvements that only benefit adjacent property owners, such as La`i`opua 2020,
the Department of Hawaiian Home Lands, Queen Lili`uokalani Trust, and Forest
City, who have agreed, through a Memorandum of Agreement, to pay for their share
of these improvements. These improvements do not qualify for Federal ARRA
funds and are referred to as non-participating work.)
Re: Comm. 674
Intr. by: Mr. Onishi
Waived: FC
2/3 Vote: Section 10-6(d), Hawai`i County Charter
2:45 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS
Hawaii County Council-31 Page 7 January 22, 2010
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 162: Amends the State Land Use Boundaries Maps for the County of Hawaii by
Changing the District Classification from the Agricultural to the Urban District at
Kahului 2 d, North Kona, Hawaii, Covered by Tax Map Key:7-5-017:042 (approx.
14.437 acres). {Hu-Ko-Pa, LLC, Applicant.}
Re: Comm. 578
Intr. by: Mr. Ikeda
1St Reading: January 6, 2010
Bill 163 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 Agricultural - 5 Acres (A-5a) to Single Family Residential -
10,000 Square Feet (RS-10) at Kahului 2" d, North Kona, Hawaii, Covered by Tax
Map Key:7-5-017:042 (approx. 14.437 acres). {Hu-Ko-Pa, LLC, Applicant.}
Re: Comm. 578.3
Intr. by: Ms. Ford
1St Reading: January 6, 2010
Bill 178: 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, to
read as follows: "(47) Kalaniana`ole Street, north side, from a point five hundred
eighty feet west of Oeoe Street and extending five hundred seventy-one feet in the
westerly direction."; "(48) Kalaniana`ole Street, south side, from Kamehameha
Avenue to a point sixty-three feet west of the Seaside Restaurant driveway."; "(49)
Kalaniana`ole Street, north side, from a point five hundred eighteen feet east of
Banyan Way extending five hundred eighty-one feet in the westerly direction.";
"(51) Kalaniana`ole Street, south side, from a point eighty-three feet east of the
Seaside Restaurant driveway to Leleiwi Street."; "(52) Kalaniana`ole Street, north
side, from a point eight hundred ninety-one feet west of Onekahakaha Beach Road
and extending seven hundred forty-five feet in the westerly direction.";
"Kalaniana`ole Street, north side, from a point fifty-seven feet east of Leleiwi Street
and extending five hundred feet in the westerly direction."; and "Kalaniana`ole
Street, north side, from a point three hundred fifteen feet west of Uwau Street and
extending four hundred ninety-three feet in the westerly direction."
Also 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, to read as follows: "(12) Kalaniana`ole Street, south
side, from a point sixty-three feet west of the Seaside Restaurant driveway and
extending one hundred fifty-eight feet in the easterly direction except between the
hours of 5:00 p.m. and 10:00 p.m."}
Re: Comm. 633
Intr. by: Mr. Enriques
1St Reading: January 6, 2010
Hawaii County Council-31 Page 8 January 22, 2010
Bill 179: 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: Kuakini Highway Improvements, Hualalai Road to Ali`i
Highway - Federal ($24,000); funds shall be provided from Federal Grants
Receivable ($24,000). Funds would be used towards the planning phase (County)
and labor portion (State) of approximately 1.5 miles beginning at Hualalai Road and
ending at Wai`aha Stream.}
Re: Comm. 635
Intr. by: Mr. Onishi
1St Reading: January 6, 2010
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 180: Amends Chapter 14, Article 1, Section 14-1 of the Hawaii County Code 1983
(2005 Edition, as Amended), Relating to Intoxicating Liquors Prohibited in Certain
Public Places. {Prohibits the consumption of alcoholic beverages at La`aloa Bay
Beach Park.)
Re: Comm. 637
Intr. by: Ms. Ford
1St Reading: January 6, 2010
Bill 181: 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 Parks. {Consumption of alcoholic beverages at Kahalu`u
Beach Park, Magic Sands Beach Park (also known as Disappearing Sands Beach
Park or White Sands Beach Park), and Pahoehoe Beach Park would be allowed
between 10 a.m. and 10 p.m. with a permit.)
Re: Comm. 638
Intr. by: Ms. Ford
1St Reading: January 6, 2010
REPORTS
PC-61 Recommends confirmation of the following nominations to the Action Committee
(Comm. 654): for the South Kohala Community Development Plan: Mr. Michael Fischer and
Ms. Margaret Horwatt (to serve 4-year terms); Ms. Robin K. Inaba, Mr. Achahn
Schulze, and Ms. Fran Tabor (to serve 3-year terms); and Mr. Leonard Librizzi,
Ms. Jeannie Palermo, and Ms. Nancy Alvord (to serve 2-year terms).
REFERRALS FOR EXECUTIVE SESSION
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.
Hawai'i County Council-31
Page 9
January 22,2010
OTHER BUSINESS
(Including but not I imited 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 January 20,2010. 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/agendasandactions.htm. For further information, please call 961-8255.
Notice is hereby given that pursuant to Hawai'i Revised Statutes (hereinafter "HRS") 992-3.5, the Hawai'i
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:
(I) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawai'i, 96720; (2) by facsimile to
(808) 961-8912; or (3) bye-mail tocounciltestimonv@co.hawaii.hi.us. Please submit separate testimony for
each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesday, February 3,2010, at 6 p.m.; Friday's, January 29 and February 5,2010, at 12 p.m.; and Sunday's,
January 31 and February 7, 20 I 0, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State
Legislature.
UPCOMING MEETINGS
COMMITTEES
TUESDAY, FEBRUARY 2, 2010
TBA
COUNCIL ROOM - HILO
25 Aupuni Street
Hawaii County Council-31 Page 10 January 22, 2010
WEDNESDAY, FEBRUARY 3, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
WEDNESDAY, FEBRUARY 17, 2010
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
THURSDAY, FEBRUARY 18, 2010
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA