HomeMy WebLinkAboutAGE COUNCIL 02/03/2010 2008-2010 ACTIONSJ YOSHIMOTO
Chan. & Preszchng Officer
EMILY I. NAEOLE - BEASON
Tice Chazr
32n 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
25 Aupuni Street
Hilo, Hawai`i
Wednesday, February 3, 2010
10:15 a.m.
Reverend Brian Welsh of Haili Church
10:17 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 -32
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
10:15 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS
Comm. 687:
ORDER OF RESOLUTIONS
Res. 290 -10
(Draft 2):
Page 2 February 3, 2010
REQUEST TO EXTEND THE CHARTER COMMISSION'S REPORT
DEADLINE TO APRIL 13, 2010
From Commission Attorney Levi K. Hookano, dated January 22, 2010, stating that
Hawai`i Revised Statutes Section 50 -8, requires the Commission to submit a report
in writing on its activities, findings, and recommendations together with a draft of
the proposed charter to the legislative body of the County by March 13, 2010. Due
to the workload of the Commission and their desire to thoroughly consider each
proposed amendment, they would like more time to complete its work on the report
to the Council.)
FILED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawai`i Department of the Attorney General, Pursuant to HRS 46 -7, for a Hawai`i
Narcotics Task Force — Recovery Act Grant. {Funds would be used to maintain a
narcotics taskforce of personnel from the Hawai`i County, Maui, and Kaua`i 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:
Intr. by:
Approve:
Held Over Pursuant
to Council Rule 25(e):
Comm. 658.1
Mr. Yagong
FC -133
January 22, 2010
(Note: There is a pending motion by Mr. Hoffmann and duly seconded by
Mr. Yagong to approve Resolution 290 -09, as amended (Draft 2).)
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Naeole- Beason — 1.
EXCUSED: None.
Hawai`i County Council -32
Res. 294 -10:
Res. 297 -10:
Authorizes the Exemption of the Kaloko Housing Program in Kailua -Kona from
Certain Code Requirements and Rules Pursuant to Section 201H -38 of the Hawaii
Revised Statutes.
ADOPTED:
AYES:
NOES:
ABSENT:
EXCUSED:
ADOPTED:
AYES:
NOES:
ABSENT:
EXCUSED:
Re:
Intr. bv:
Waived:
Re:
Intr. bv:
Waived:
Page 3 February 3, 2010
Comm. 678
Mr. Hoffmann
PC
Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Onishi, Yagong, and Chair Yoshimoto — 8.
None.
Council Member Naeole - Beason — 1.
None.
Authorizes the Extension of the Grant of Non - Exclusive Easement for Limited
Public Access Over Private Roadways for Temporary Mamalahoa Bypass Through
Hokuli`a Phase I and Haleki`i Street, in the Districts of North and South Kona,
Island, County and State of Hawai`i. {Extends the sunset date for the Grant of
Non - Exclusive Easement with 1250 Oceanside Partners to September 4, 2010
("Exhibit 1 "). Without the extension, public use of the Mamalahoa Bypass Phase I
through the intersection with the Haleki`i Street Extension will end on March 4,
2010.)
Comm. 685
Mr. Enriques
PWIRC
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
None.
None.
None.
11:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
(NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.)
Hawai`i County Council -32
BILLS FOR ORDINANCES (FIRST READING)
Bill 182:
Comm. 642.1:
Comm. 642.2:
Comm. 642.3:
Bill 184
(Draft 2):
Page 4 February 3, 2010
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 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 and 22, 2010
(Note: There is a pending motion by Mr. Enriques and duly seconded by
Ms. Naeole- Beason to approve Bill 182.)
AMENDED TO DRAFT 2 & 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.
;and
From Finance Director Nancy E. Crawford, dated December 28, 2009, transmitting
amendments to Bill 182; and
From Finance Director Nancy E. Crawford, dated January 5, 2010, requesting that
Bill 182 be deferred to the Council's January 22, 2010, meeting; and
From Finance Director Nancy E. Crawford, dated January 20, 2010, transmitting
amendments to Bill 182.
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 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 1S South Hilo, Hawai`i,
Covered by Tax Map Key:2- 4- 02:048, 053, and 080 (Parcel 1 approx.
16,130 square feet; Parcel 2 approx. 203,844 square feet). {Giampaolo "Paul"
Boschetti, Applicant.)
Re: Comm. 652.6
Intr. by: Mr. Ikeda
Approve: PC -62
Postponed: January 22, 2010
AMENDED TO DRAFT 3 AND POSTPONED PENDING SITE VISIT AND
PUBLIC HEARING TO BE HELD AT THE CALL OF THE CHAIR:
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 -32
Bill 187:
Bill 201:
Page 5 February 3, 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. by: Mr. Onishi
Approve: FC -132
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
Postponed: January 22, 2010
(Note: There is a pending motion by Ms. Naeole- Beason and duly seconded by
Mr. Yagong to approve Bill 187.)
PASSED 1 READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole-
Beason, Onishi, and Chair Yoshimoto — 7.
NOES: Council Member Greenwell — 1.
ABSENT: Council Member Yagong — 1.
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
Waived: PWIRC
PASSED 1 READING:
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 -32
Bill 202:
Bill 185:
Page 6 February 3, 2010
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. by: Mr. Hoffmann
Waived: PC
PASSED 1 READING:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole- Beason, Onishi, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Yagong — 1.
EXCUSED: None.
1:15 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 of the Hawai`i 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
1S Reading: January 22, 2010
PASSED 2 & FINAL READING:
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 -32
Bill 188:
Bill 190:
Bill 191:
Page 7 February 3, 2010
Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants — Hawai`i Narcotics Task Force — Recovery Act ($113,880;
appropriates same to Hawai`i Narcotics Task Force — Recovery Act.)
Re: Comm. 658
Intr. bv: Mr. Onishi
1S Reading: January 22, 2010
PASSED 2 & FINAL READING:
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 Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawai`i 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. bv: Mr. Onishi
1S Reading: January 22, 2010
PASSED 2 & FINAL READING:
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 Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawai`i 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. bv: Mr. Onishi
1S Reading: January 22, 2010
PASSED 2 & FINAL READING:
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 -32
Bill 192:
Bill 198:
Designates a Portion of TMK03) 2 -1- 017:018 as ``Lalakea Pond Beach Park"
Pursuant to Chapter 15, Article 8, Section 15-67 of the Hawai`I 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.)
PASSED 2'
AYES:
NOES:
ABSENT:
EXCUSED:
Page 8 February 3, 2010
Re: Comm. 662
Intr. By: Mr. Onishi
1S Reading: January 22, 2010
& FINAL READING:
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, and Chair Yoshimoto — 8.
None.
Council Member Yagong — 1.
None.
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
($3,00,000); 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.)
PASSED 2'
AYES:
NOES:
ABSENT:
EXCUSED:
Re: Comm. 674
Intr. by: Mr. Onishi
1S Reading: January 22, 2010
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
& FINAL READING:
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, and Chair Yoshimoto — 8.
None.
Council Member Yagong — 1.
None.
Hawai`i County Council -32
REPORTS
Page 9 February 3, 2010
FINANCIAL Monthly Financial Status Report from the Department of Finance for the
REPORT: Months Ended June 30, 2009.
ACCEPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Yagong — 1
EXCUSED: None.
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, HAWAI`I
From Deputy Corporation Counsel Joseph K. Kamelamela, dated December 4,
2009.
Postponed: December 16, 2009, and January 6, 2010
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
AYES: Council Members Enriques, Ikeda, Naeole- Beason, Onishi,
Yagong, and Chair Yoshimoto — 6.
NOES: Council Member Ford — 1.
ABSENT: Council Members Greenwell and Hoffmann — 2.
EXCUSED: None.
(Note: There is a pending motion by Mr. Hoffmann and duly seconded by
Ms. Naeole- Beason to file Communication 650.)
Comm. 683: CLAIM AGAINST THE COUNTY OF HAWAII /STATE FARM INSURANCE
From Deputy Corporation Counsel Brooks Bancroft, dated January 19, 2010.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
AYES: Council Members Enriques, Ford, Ikeda, Naeole- Beason, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Hoffmann — 2.
EXCUSED: None.
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.
Hawai`i County Council -32
Page 10 February 3, 2010
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
ADJOURNMENT 4:58 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 1, 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.
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 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 10 and 17, 2010, at 6 p.m.; Fridays, February 12 and 19, 2010, at 12 p.m.; and Sundays,
February 14 and 21, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State
Legislature.
Hawai`i County Council -32
UPCOMING MEETINGS
Page 11 February 3, 2010
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
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