HomeMy WebLinkAboutAGE COUNCIL 08/18/2010 2008-2010 .�� ?. . N�l� GUY ENRIQUES
J YOSHIMOTO , •
Chair & Presiding Officer ^ �����%�'• BRENDA FORD
� ��%� KELLY GREENWELL
EMILY I. NAEOLE - BEASON " ='T PETE HOFFMANN
•
DONALD IKEDA
Vice Chair f ir 'os' N �� '
.1 . DENNIS "FRESH" ONISHI
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawai `i
Hawai '1 County Building
25 Aupuni Street
Hilo, Hawai `i 96720
v
46` Session -
ADDENDUM --
Hawai`i County Council
Sheraton Keauhou Bay Resort and Spa
78 -128 Ehukai Street
Kailua -Kona, Hawai` i
Wednesday, August 18, 2010
9:00 a.m.
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON APPROVAL OF MINUTES,
COMMUNICATIONS, ORDER OF RESOLUTIONS, BILLS FOR ORDINANCES (FIRST
READING), ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS
FOR EXECUTIVE SESSION, AND OTHER BUSINESS
COMMUNICATIONS
Comm. 914: NOMINATION OF MR. BERNARD BALSIS, JR., AND MR. DAVID
HEAUKULANI TO THE BOARD OF ETHICS
From Mayor Billy Kenoi, dated July 8, 2010, requesting the favorable
recommendation of the above nominations.
Waived: FC
Serving the Interests of the People of Our Island
Hawai `i County is an Equal Opportunity Provider and Employer.
J YOSHIMOTO �'' <Yl�` "; GUY ENRIQUES
Chair & Presiding Officer • �y ^ \,IZ BRENDA FORD
:.�_ "•! ,� /, :•I KELLY GREENWELL
EMILY I. NAEOLE - BEASON �''__ PETE HOFFMANN
Vice ETE HO : , . DONALD IKEDA
" DENNIS "FRESH" ONISHI
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
•
Cs ) _.
46 Session
ORDER OF BUSINESS ;.
Hawai`i County Council
Sheraton Keauhou Bay Resort and Spa
78 -128 Ehukai Street
Kailua -Kona, Hawai`i
Wednesday, August 18, 2010
9:00 a.m.
INVOCATION Pastor Jason Meechan of Thy Word Ministries — Kona
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Serving the Interests of the People of Our Island
Hawaii County is an Equal Opportunity Provider and Employer.
Hawai`i County Council -46
Page 2 August 18, 2010
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON APPROVAL OF MINUTES,
COMMUNICATIONS, ORDER OF RESOLUTIONS, BILLS FOR ORDINANCES (FIRST
READING), ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS
FOR EXECUTIVE SESSION, AND OTHER BUSINESS
(NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.)
APPROVAL OF MINUTES July 21, 2010
COMMUNICATIONS
Comm. 913:
ORDER OF RESOLUTIONS
Res. 308 -10:
Comm. 730.43:
CRITERIA FOR PRESENTATIONS AT COMMITTEE AND COUNCIL
MEETINGS
From Council Member Guy Enriques, dated August 3, 2010, requesting discussion
on the criteria for presentations at Council and Committee meetings and considering
the establishment of Council Rules to address the justification or applicability for
such presentations.
Urges the Department of Land and Natural Resources, Division of Aquatic
Resources, to Adopt Rules Recommended by the West Hawai`i Fisheries Council
for the Sustainable Management of the West Hawai`i Aquarium Fishery Including
Adaptive Management of Fish Replenishment Areas, Establishment of an Aquarium
Fish Species' `White List," and a Limited Entry Program. {A `White List" would
specify which species can be collected for the aquarium trade.)
Re: Comm. 730
Intr. by: Mr. Hoffmann
Approve: HSEDC -4
Postponed: April 7, 2010
(Note: There is a pending motion by Mr. Hoffmann and duly seconded by
Ms. Naeole- Beason to approve Resolution 308 -10.)
;and
From Council Member Pete Hoffmann, dated August 9, 2010, transmitting proposed
amendments to Resolution 308 -10. The amendment deletes language relating to
rules recommended by the West Hawai`i Fisheries Council and urges the Division
of Aquatic Resources to adopt a bag limit and a ban on yellow tang over five inches
long, and a one -year moratorium on the issuances of fish licenses upon adoption by
the Department of Land and Natural Resources.
Hawai`i County Council -46
Res. 321 -10
(Draft 2):
Res. 369 -10:
Res. 370 -10:
Page 3 August 18, 2010
Authorizes the Hawai`i County Council the Option to Designate a Portion of the
District's Fuel Tax Allocation to be Utilized for a Grant -In -Aid Program for
Nonprofit Organizations for the Purpose of Road Maintenance for Private Streets
and Roadways. {This resolution states the following: The Council shall set forth
the general criteria to qualify the grant -in -aid road maintenance program and shall
oversee the awarding of the grant applications; the organizations receiving funding
through this program shall provide a financial reporting to the Council no later than
one year after the grant has been awarded; an ad hoc committee will be formed by
the Council by resolution to set forth the process, general criteria, and qualifications
of the program and shall submit its recommendations to the Council for approval
and implementation; the ad hoc committee may suggest language to the State
Legislature to amend Hawai`i Revised Statutes (HRS), Section 243 -6; and the
implementation of the program for nonprofit organizations shall not proceed
without the appropriate language change to HRS, Section 243 -6 or any other section
of the State fuel tax code.)
Re: Comm. 773.3
Intr. by: Mr. Yagong
Approve: PWIRC -84
Accepts the Dedication of Roadway Lot A (Kilohana Street, Kinau Street and
Kalakua Street) (approx. 3.967 acres) and Lako Street Extension (approx.
1.870 acres), of the Kona Vistas Subdivision, Unit 2 -B, Being Tax Map
Keys:(3)7 -6- 027:104 and Portion of 105, Situate at Holualoa 1 and 2, District of
North Kona, County and State of Hawai`i, from Kona Vistas, LLC. {Acceptance of
the roadway lots are for road and drainage purposes.)
Re: Comm. 879
Intr. by: Mr. Enriques
Approve: PWIRC -83
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 Cell
Phone /Personal Digital Assistant (PDA) Violence Grant for the Hawai`i Police
Department. {Funds would be used to improve the Department's ability to respond
to crimes against women perpetrated through wireless /electronic communication
devices.)
Re: Comm. 881
Intr. by: Mr. Onishi
Approve: FC -169
Hawai`i County Council -46
Res. 371 -10:
Res. 374 -10:
Authorizes the Office of Housing and Community Development to Transfer
Twenty -Four Housing Units Located in Kawaihae to Council District Five for Use
as Transitional Housing. {This will take effect upon the closure of the Kawaihae
Transitional Housing Program and will be managed by a qualified vendor who will
be selected through a Request for Proposals.)
Accepts the Dedication of Road Lots 19 (Kualapa Place; 10,318 square feet), 20
(Puwalu Street Ext.; 17,20 square feet), and 21 (Mahuahua Place; 10,318 square
feet) of the Sunset Ridge at Waikoloa, Phase 2, Increment 2, Unit 2 -A, Being Tax
Map Key:(3)6- 8- 031:00, Situate at Waikoloa, District of South Kohala, County
and State of Hawai`i, from Tri of Waikoloa. {Acceptance of the roadway lots are
for road and drainage purposes.)
BILLS FOR ORDINANCES (FIRST READING)
Bill 266:
Page 4 August 18, 2010
Re: Comm. 882
Intr. by: Ms. Naeole- Beason
Approve: HSEDC -7
Re: Comm. 886
Intr. by: Mr. Enriques
Approve: PWIRC -86
Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Proposes the following amendments: Amends
Article 10, Division 1, Section 24 -257, Schedule 5 (35 mile per hour (mph) limit),
Subsection (c), Hilo, Item (27), to read, "Puainako Street, westbound lane, from a
point four hundred fifty feet west of Kaumana Drive to its western terminus and
eastbound lane, from a point 3.57 miles east of Wilder Road to Komohana Street. ";
amends Article 10, Division 1, Section 24 -259, Schedule 7 (40 mph limit),
Subsection (c), Hilo, by adding, "Puainako Street, westbound lane, from a point
3.30 miles west of Komohana Street to a point four hundred fifty feet west of
Kaumana Drive and eastbound lane from its western terminus to a point 0.46 mile
east of Wilder Road. "; amends Article 10, Division 1, Section 24 -260, Schedule 8
(45 mph limit), Subsection (c), Hilo, Item (3), to read, "Puainako Street, eastbound
lane, from a point 3.44 miles east of Wilder Road to a point seven hundred feet in
the easterly direction. "; and amends Article 10, Division 1, Section 24 -263,
Schedule 11 (55 mph limit), Subsection (c), Hilo, by adding, "Puainako Street,
westbound lane, from Komohana Street to a point 3.30 miles in the westerly
direction and eastbound lane, from a point 0.46 miles east of Wilder Road to a point
2.98 miles in the easterly direction. "}
Re: Comm. 861
Intr. by: Mr. Enriques
Approve: PWIRC -85
Hawai`i County Council -46
Bill 271:
Bill 275:
Bill 276:
Page 5 August 18, 2010
Amends Ordinance No. 10 -59, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2011. {Appropriates revenues in
Federal Grants — Cell Phone /Personal Digital Assistant (PDA) Violence ($40,110);
appropriates same to Cell Phone /PDA Violence Grant.)
Re: Comm. 881
Intr. bv: Mr. Onishi
Approve: FC -170
Amends Ordinance No. 10 -60, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2010, to June 30, 2011. {Adds
PUBLIC WORKS: Mamalahoa Bypass Mitigation Measures — County
($1,000,000) and Mamalahoa Bypass Mitigation Measures — Fair Share ($243,000),
for a total of $1,243,000; funds shall be provided from General Obligation Bonds,
Capital Projects Fund — Fund Balance and/or Other Sources ($1,000,000) and Fair
Share Contributions (Fund Balance — Designated) ($243,000), for a total of
$1,243,000. Funds would be used to address community_ safety concerns with the
anticipated increased traffic on Ali`i Drive and Haleki`i Street when the Mamalahoa
Bypass is opened.)
Re: Comm. 889
Intr. bv: Mr. Onishi
Approve: FC -171
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
Amends Ordinance No. 10 -60, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2010, to June 30, 2011. {Adds
PUBLIC WORKS: Kapiolani Street Extension (Mohouli Street to Lanikaula Street)
($600,000); funds shall be provided from General Obligation Bonds, Capital
Projects Fund — Fund Balance and/or Other Sources ($600,000). Funds would be
used towards the planning, survey, and design to extend Kapiolani Street from
Mohouli Street to Lanikaula Street (to enhance the traffic, pedestrian, Americans
with Disabilities Act, and bicycle circulation, between the University_ of Hawai`i at
Hilo and vicinity, and downtown Hilo). }
Re: Comm. 890
Intr. bv: Mr. Onishi
Approve: FC -172
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
Hawai`i County Council -46
Bill 277:
Bill 278:
Bill 279:
Page 6 August 18, 2010
Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Article 10, Division 4, Section 24 -278,
Schedule 26 (roads closed to pedestrian traffic), Subsection (f), Kona, by adding,
"Haleki`i Street, from the Mamalahoa Bypass Highway intersection to a point
0.76 mile in the easterly direction." and "Mamalahoa Bypass Highway, from the
Ali`i Drive intersection to the Haleki`i Street intersection. "}
Re: Comm. 891
Intr. by: Mr. Enriques
Approve: PWIRC -87
Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Article 10, Division 8, Section 24 -293,
Schedule 41 (use of certain streets by certain vehicles restricted), Subsection (f),
Kona, to read, "(1) Vehicles having a gross vehicle weight rating of three or more
tons shall not be permitted to use the hereinafter designated streets. These
provisions shall not be applicable to local area origin/destination traffic and vehicles
providing services to residents of the hereinafter designated streets. Further, these
restrictions shall be lifted during the period of any emergency declared by the civil
defense agency. (A) Haleki`i Street in the South Kona District. (B) Kupuna Street
in the North Kona District. (C) Lako Street in the North Kona District.
(D) Mamalahoa Bypass Highway in the North Kona District. (E) Mamalahoa
Bypass Highway in the South Kona District. (F) Manawa Street in the South Kona
District. (G) Nape Street in the South Kona District. (2) Vehicles having a gross
vehicle weight rating of five or more tons shall not be permitted to use the
hereinafter designated streets. These provisions shall not be applicable to local area
origin/destination traffic and vehicles providing services to residents of the
hereinafter designated streets. Further, these restrictions shall be lifted during the
periods of any emergency declared by the civil defense agency.
(A) Kaiminani Drive in the North Kona District. (3) Bicycles, mopeds, and motor
scooters shall not be permitted to use the hereinafter designated streets:
(A) Haleki`i Street in the South Kona District, from the Mamalahoa Bypass
Highway to a point four thousand feet in the easterly direction. (B) Mamalahoa
Bypass Highway in the North Kona District. (C) Mamalahoa Bypass Highway in
the South Kona District. "}
Re: Comm. 892
Intr. by: Mr. Enriques
Approve: PWIRC -88
Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Article 10, Division 2, Section 24 -265,
Schedule 13 (yield locations), Subsection (f), Kona, by adding, "Ali`i Drive,
southbound approach to the Mamalahoa Bypass Highway. ")
Re: Comm. 893
Intr. by: Mr. Enriques
Approve: PWIRC -89
Hawai`i County Council -46
Bill 280:
Bill 281:
Bill 282:
Page 7 August 18, 2010
Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Article 10, Division 2, Section 24 -264,
Schedule 12 (stop intersections), Subsection (f), Kona, by adding, "Ali`i Drive,
northbound approach to the Mamalahoa Bypass Highway. ",
"Mamalahoa Bypass Highway, northbound approach to Ali`i Drive. ", and
"Mamalahoa Bypass Highway/Haleki`i Street intersection, all approaches. "}
Re: Comm. 894
Intr. by: Mr. Enriques
Approve: PWIRC -90
Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Article 10, Division 1, Section 24 -255,
Schedule 3 (25 mile per hour (mph) limit), Subsection (f), Kona, by adding,
"Ali`i Drive, from a point 0.20 mile south of Kaleiopapa Street to its southern
terminus. ", "Mamalahoa Bypass Highway, from the Ali`i Drive intersection to a
point four hundred sixty feet in the southerly direction. ", and "Mamalahoa Bypass
Highway, from a point 2.67 miles south of the Ali`i Drive intersection to the
Haleki`i Street intersection. "; amends Article 10, Division 1, Section 24 -257,
Schedule 5 (35 mph limit), Subsection (f), Kona, to read, "Ali`i Drive, from the
Kamehameha III Road intersection to a point 0.20 mile south of
Kaleiopapa Street. "; and amends Article 10, Division 1, Section 24 -260, Schedule 8
(45 mph limit), Subsection (f), Kona, by adding, "Mamalahoa Bypass Highway,
from a point four hundred sixty feet south of the Ali`i Drive intersection to a point
2.58 miles in the southerly direction. "}
Re: Comm. 895
Intr. by: Mr. Enriques
Approve: PWIRC -91
Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Article 10, Division 2, Section 24 -267,
Schedule 15 (one -way streets), Subsection (f), Kona, by deleting Item (1)
Haleki`i Street. All general public vehicular traffic shall move in the eastbound
direction only from 3:00 p.m. to 6:30 p.m., Monday through Friday, except
holidays, for the Haleki`i Street Extension (four thousand feet), extending from the
Mamalahoa Highway Bypass to a point six hundred feet makai of the Muli Street
intersection.}
Re: Comm. 896
Intr. by: Mr. Enriques
Approve: PWIRC -92
Hawai`i County Council -46
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 262:
Bill 265:
REPORTS
REFERRALS FOR EXECUTIVE SESSION
Comm. 140.1:
Comm. 142.2:
Comm. 758.5:
Page 8 August 18, 2010
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 — 10,000 Square Feet (RS -10) to
Neighborhood Commercial — 10,000 Square Feet (CN -10) at Waiakea, South Hilo,
Hawai`i, Covered by Tax Map Key:2 -2- 034:082 (approx. 9,678 square feet).
{Charles Cavedoni and Rong Hua, Applicants.)
Re: Comm. 841
Intr. bv: Mr. Ikeda
1S Reading: August 3, 2010
Amends Section 25-8 -3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural — Five Acres (A -5a) to Family Agricultural — Two
Acres (FA -2a) at Honokohau 2n North Kona, Hawai`i, Covered by Tax Map
Key 7 -4- 006:022 (approx. 5.341 acres). {Hiram Rivera, Applicant.)
Re: Comm. 859
Intr. bv: Mr. Ikeda
1S Reading: August 3, 2010
MELISSA M. CHANG V. COUNTY OF HAWAII, HAWAII COUNTY
COUNCIL, EEOC NO. 37B- 2007 -00006
From Deputy Corporation Counsel Joseph K. Kamelamela, dated August 4, 2010.
REQUEST FOR SCHEDULING OF EXECUTIVE MEETING — STACYHIGA V.
COUNTY OF HAWAII CIV. NO. 08 -1 -0293
From Corporation Counsel Lincoln S. T. Ashida, dated August 5, 2010.
REQUEST FOR SCHEDLING OF EXECUTIVE MEETING — BILL 230
From Corporation Counsel Lincoln S. T. Ashida, dated August 5, 2010. (Note:
Bill 230, relating to the Code of Ethics, was postponed (at the call of the Chair), at
the Council's May 19, 2010, meeting.)
Hawai`i County Council -46
Page 9 August 18, 2010
Comm. 878: REQUEST TO DISCUSS SELF INSURANCE STANDING OF THE COUNTY
OF HAWAI`I
Comm. 878.1:
Comm. 910:
From Council Member Kelly Greenwell, dated July 8, 2010, stating that the scope
of the discussion will include, but not be limited to, the position that the County of
Hawai`i is self insured while present cash reserves for suits against the County is
$280,866; and
From Finance Committee Chair Dennis ``Fresh" Onishi, dated August 5, 2010,
requesting that this matter be waived to the Council.
CLAIM FOR ALFONSO CORDERO, JR., ROWENA CORDERO AND MINOR
CHILDREN
From Deputy Corporation Counsel Joseph K. Kamelamela, dated August 2, 2010.
The Council anticipates convening an executive meeting regarding the above matters, 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 August 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.
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.
Hawai`i County Council -46
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 cozanciltestimonv c;co.hawaii.hi.zas. Please submit separate
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesdays, August 25 and September 1, 2010, at 6 p.m.; Fridays, August 27 and September 3, 2010, at 12 p.m.;
and Sundays, August 29 and September 5, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts
from the State Legislature.
UPCOMING MEETINGS
Page 10 August 18, 2010
WEDNESDAY, SEPTEMBER 8, 2010
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
THURSDAY, SEPTEMBER 9, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
MONDAY, SEPTEMBER 20, 2010
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
TUESDAY, SEPTEMBER 21, 2010
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA