HomeMy WebLinkAboutAGE COUNCIL 02/18/2010 2008-2010 ACTIONSJ YOSHIMOTO
Chan. & Preszchng Officer
EMILY I. NAEOLE - BEASON
Tice Chazr
33r Session
INVOCATION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
COUNTY COUNCIL
County of Hanrai '1
Hanrai '1 County Building
25 Aupuni Street
Hilo, Hanrai '1 96720
ORDER OF BUSINESS
Hawai`i County Council
Sheraton Keauhou Bay Resort and Spa
78 -128 Ehukai Street
Kailua -Kona, Hawai`i
Thursday, February 18, 2010
9:00 a.m.
Pastor Derek Napoleon of Mokuaikaua Church
9:03 a.m.
(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.
GUY ENRIQUES
BRENDA FORD
KELLY GREENWELL
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
DOMINIC YAGONG
Hawai`i County Council -33
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS
Comm. 705:
ORDER OF RESOLUTIONS
Res. 283 -09
(Draft 2):
POWER POINT PRESENTATION FOR WIRELESS TELECOMMUNICATIONS
FACILITIES
From Council Member Brenda J. Ford, dated February 1, 2010, requesting one hour
for the above presentation and transmitting copies of the presentation.
Waived: PC
Page 2 February 18, 2010
FILED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole - Beason, Onishi, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Yagong — 1.
EXCUSED: None.
Amends the Rules of Procedure and Organization of the Council of the County of
Hawai`i to Include Protocols for Council- Initiated Amendments to the Subdivision
Control Code (Chapter 23) and Zoning Code (Chapter 25) of the Hawai`i County
Code. {Amends Rule 14, Motions, by adding clear provisions for the disposition of
any Council- initiated amendments to Chapters 23 and 25 of the Code to the
Planning Director and designated Planning Commissions, or both Commissions (as
indicated in ``Exhibit A "). }
Re: Comm. 641.3
Intr. by: Mr. Hoffmann
Approve: PC -66
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Yagong — 1
EXCUSED: None.
Hawai`i County Council -33
Res. 292 -10:
Res. 295-10:
Res. 296 -10:
Page 3 February 18, 2010
Grants Peter J. Piper Application for a Variance from Chapter 3, Section 3 -58(c)
and 3- 59(a)(4) of Hawai`i County Code 1983 (2005 Edition, as Amended), Relating
to the Sign Code. {Variance would allow the erection of one wall sign and one
marquee sign measuring 15.5 square feet for Humpy's Big Island Alehouse, for
installation at 75-5815 Ali`i Drive.}
Re: Comm. 670
Intr. by: Mr. Enriques
Waived: PWIRC
POSTPONED AT CALL OF THE CHAIR:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Yagong — 1.
EXCUSED: None.
Supports and Encourages the Expeditious Completion of Water, Sewer, and Solid
Waste Infrastructure Projects in North Kona. {Supports and encourages the
expeditious completion of projects that would provide for improved or newly -
established water, sewer, and solid waste infrastructure to serve the Keahuolu and
Kealakehe region.)
Re: Comm. 679
Intr. by: Mr. Greenwell
Approve: PWIRC -66
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Accepts the Grant of Easement and Bill of Sale for Sewer Lines and Other Related
Facilities, at Puapua`a Iki 1S District of North Kona, Island, County and State of
Hawai`i, from Suffolk Investment, LLC and Pua`a Development, LLC, Tax Map
Key:(3)7 -5-017: Portion 001, Portion 019 and Portion 039, to County of Hawai`i.
This would enable the County to maintain, operate, repair, remove, and replace any
and all sewer pipelines, equipment, structures, and other related facilities within
Suffolk Investment, LLC, and Pua`a Development, LLC, properties.)
Re: Comm. 681
Intr. by: Mr. Greenwell
Approve: EMC -8
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Hawai`i County Council -33
Res. 304 -10:
Authorizes the Acceptance of a Donation of a Six -Foot Bench for the Department of
Parks and Recreation. {Donated by Mr. Jim Silver, with an estimated total value of
$1,604, the bench would be installed at Lili`uokalani Park.)
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
(NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.)
BILLS FOR ORDINANCES (FIRST READING)
Bill 186:
Page 4 February 18, 2010
Re: Comm. 707
Intr. bv: Mr. Onishi
Waived: FC
Planning Director Initiated: Amends Chapter 25, Hawai`i County Code 1983 (2005
Edition, as Amended) Relating to Telecommunication Antennas and Towers.
{Requires that wireless telecommunication antennas and towers obtain a Use Permit
from the Planning Commission before such use is established for properties within
the Residential and Agricultural (RA), Family Agricultural (FA), Agricultural (A),
and Intensive Agricultural (IA) zoned districts.)
Re: Comm. 655
Intr. bv: Mr. Ikeda
Approve: PC -67
PASSED 1 READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole-
Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: Council Member Greenwell — 1.
ABSENT: None.
EXCUSED: None.
Hawai`i County Council -33
Bill 193:
Bill 195:
Amends Chapter 14, Hawai`i County Code 1983 (2005 Edition, as Amended) by
Adding a New Article Relating to Plastic Bag Reduction. {Reduces the use of
plastic bags and encourages the use of environmentally preferable alternatives, such
as reusable bags. Any business that violates the provisions of this article shall be
sentenced to pay a fine not exceeding $100 for the first violation and up to $500 for
a third violation within a single year, and shall be required to remove all plastic
checkout bags from its premises and liable for any associated costs (each day of
violation shall constitute a separate offense). Fines collected shall be deposited into
the public access, open space, and natural resources fund.)
FILED DUE
AYES:
NOES:
ABSENT:
EXCUSED:
Page 5 February 18 2010
Re: Comm. 663
Intr. by: Mr. Hoffmann
Negative: EMC -9
TO THE FOLLOWING VOTE:
Council Members Ford, Greenwell, Hoffmann, and
Naeole - Beason — 4.
Council Members Enriques, Ikeda, Onishi, Yagong, and
Chair Yoshimoto — 5.
None.
None.
Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2,
Section 24 -265, Schedule 13 (Yield locations), paragraph (a), Hamakua, by adding
the following: Old Mamalahoa Highway, southbound approach to Bridge No. 47 -1;
Old Mamalahoa Highway, westbound approach to Bridge No. 47 -2; Old
Mamalahoa Highway, eastbound approach to Bridge No. 47 -3; Old Mamalahoa
Highway, westbound approach to bridge adjacent to parcels 4- 7 -7:4, 4 -7 -7:19, and
4 -7 -7:90; and Old Mamalahoa Highway, westbound approach to bridge adjacent to
parcels 4 -7 -7:8 and 4- 7 -7:9. Amendments would assign right -of -way at the
approaches to the subject one -lane bridges.)
Re: Comm. 671
Intr. by: Mr. Enriques
Approve: PWIRC -65
PASSED 1 READING:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Hawai`i County Council -33
Bill 196:
Bill 197:
Bill 200:
Amends Section 25-8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural — One Acre (A -1a) to Neighborhood Commercial —
20,000 Square Feet (CN -20) at Ponahawai, South Hilo, Hawai`i, Covered By Tax
Map Key:2 -3- 037:019 (approx. 43,560 square feet). {Brian T. Sugai, Applicant.)
Re: Comm. 672
Intr. bv: Mr. Ikeda
Approve: PC -64
PASSED 1 READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole-
Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: Council Member Hoffmann — 1.
ABSENT: None.
EXCUSED: None.
Amends Section 25-8 -22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural — 5 Acres (A -5a) to Family Agricultural — 2 Acres
(FA -2a) at Kea`au, Puna District, Hawai`i, Covered by Tax Map Key:1 -6- 141:024
(approx. 7.829 acres). {Hawai`i Brewery Development Company, Inc.}
Re: Comm. 673
Intr. bv: Mr. Ikeda
Approve: PC -65
PASSED 1 READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole-
Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: Council Member Hoffmann — 1.
ABSENT: None.
EXCUSED: None.
Amends Chapter 19 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Real Property Taxes, Relating to Appeals. {Increases the deposit amount of an
appeal to the Real Property Tax Review from $15 to $25 and limits refunds of that
amount to situations where the Board of Review accepts the taxpayer's appeal value
without compromise. Refunds would also be made in cases where adjustments are
necessary due to clerical errors. This additional amount would better offset the cost
of handling appeals and also reduce the number of frivolous appeals.)
Re:
Intr. bv:
Approve: FC -139
AMENDED TO DRAFT 2 & PASSED 1 READING:
Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole-
Beason, Onishi, and Chair Yoshimoto — 7.
Council Members Greenwell and Yagong — 2.
None.
None.
AYES:
NOES:
ABSENT:
EXCUSED:
Page 6 February 18 2010
Comm. 684
Mr. Onishi
Hawai`i County Council -33
Bill 209:
Bill 182
(Draft 2):
Page 7 February 18, 2010
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
ENVIRONMENTAL MANAGEMENT: Honoka`a Large Capacity Cesspool
Replacement — State ($20,000); funds shall be provided from State Funds
Receivables ($20,000). Funds would be used towards sewer design and
construction work related to constructing a sewage pump station and force main to
connect the Honoka`a Civic Center to the County sewer system.)
Re: Comm. 708
Intr. by: Mr. Onishi
Waived: FC
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
PASSED 1 READING:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
1:00 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)
Amends Chapter 24, Article 7, Section 24 -167 of the Hawai`i County Code 1983
(2005 Edition, as Amended), Relating to Operation of Vehicles. {Requires that
when a vehicle is towing another, the drawbar or other connection be equipped with
an additional safety chain(s) (stay chain or cable). Each chain or cable and its
accompanying coupling and mounting devices shall have an ultimate strength equal
to at least the gross weight of the vehicle. Requires that every trailer or towed
vehicle to be operated upon a public highway shall, in addition to a tow bar, be
equipped with a safety chain(s) (stay chain or cable). Each chain or cable and its
accompanying coupling and mounting devices shall have an ultimate strength equal
to at least the gross weight of the trailer. This section shall not apply to trailers or
towed vehicles with a gross vehicle weight rating over 10,000 lbs. equipped with
full airbrakes that meet the Federal Motor Vehicle Safety Standards.)
Re: Comm. 642.4
Intr. by: Mr. Enriques
1S Reading: February 3, 2010
Postponed: January 6 and 22, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Hoffmann Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: Council Member Greenwell — 1.
ABSENT: None.
EXCUSED: None.
Hawai`i County Council -33
Bill 187:
Bill 201:
Bill 202:
Page 8 February 18, 2010
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. bv: Mr. Onishi
1S Reading: February 3, 2010
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
Postponed: January 22, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda,
Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: Council Member Greenwell — 1.
ABSENT: None.
EXCUSED: None.
Further Amends Ordinance No. 08 -64, as Amended by Ordinance No. 09 -13 and
Ordinance No. 09 -102, Relating to Extending Public Use of the Haleki`i Street
Extension.
Re: Comm. 685
Intr. by: Mr. Enriques
1S Reading: February 3, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Amends the State Land Use Boundaries Map for the County of Hawai`i by
Changing the District Classification from the Agricultural to the Urban District for
the Proposed Kaloko Housing Program in Kailua -Kona Covered by Tax Map
Key:7- 3- 009:055 (approx. 8.016 acres).
Re: Comm. 686
Intr. bv: Mr. Hoffmann
1S Reading: February 3, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Hawai`i County Council -33
REPORTS
Page 9 February 18, 2010
FINANCIAL Monthly Budget Status Report for the Month Ended July 31, 2009, from the
REPORT: Department of Finance
ACCEPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
PC -63 Recommends approval of the nomination of Mr. Joe Reynolds (Council District 8)
(Comm. 677): to the Water Board.
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
ADJOURNMENT 2:43 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 February 16, 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 /agendas and actions.htm. For further information, please call 961-8255.
Hawai`i County Council -33
Page 10 February 18, 2010
Notice is hereby given that pursuant to Hawai`i Revised Statutes (hereinafter "HRS ") §92 -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 Testimonv: Those submitting written testimony at the meeting should bring fourteen (14) copies for
distribution. Public 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, Hawai`i. 96720; (2) by
facsimile to (808) 961 -8912; or (3) by e -mail to counciltestimon_v c;co.hawaii.hi.us. Please submit separate
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesdays, February 24 and March 3, 2010, at 6 p.m.; Fridays, February 26 and March 5, 2010, at 12 p.m.;
and Sundays, February 28 and March 7, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts
from the State Legislature.
UPCOMING MEETINGS
TUESDAY, MARCH 2, 2010
COMMITTEES TBA COUNCIL ROOM — HILO
25 Aupuni Street
WEDNESDAY, MARCH 3, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM — HILO
25 Aupuni Street
TUESDAY, MARCH 16, 2010
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, MARCH 17, 2010
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA