HomeMy WebLinkAboutAGE COUNCIL 09/09/2010 2008-2010 ACTIONSJ YOSHIMOTO
Chan. & Preszchng Officer
EMILY I. NAEOLE - BEASON
Tice Chazr
47 Session
INVOCATION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
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
Thursday, September 9, 2010
9:00 a.m.
Pastor Bob Tominaga of Thy Word Ministries
9:02 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 -47
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON APPROVAL OF MINUTES,
COMMUNICATIONS, AND 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 April 7 and August 3, 2010
COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 308 -10
(Draft 2):
Waived: FC
Page 2 September 9, 2010
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell,
Hoffmann, Ikeda, Naeole- Beason, Onishi Yagong, and
Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED:None.
Comm. 924: DONATION TO THE DEPARTMENT OF PARKS AND RECREATION'S
PAHOA SENIOR CENTER BY MS. TOBY S. HAZEL
From Finance Director Nancy E. Crawford, dated August 16, 2010, requesting
approval of the following items: magazine, newspaper, and bargain racks; chairs;
bookshelves and kids bookcases; cafe table; and church pews (total estimated value
of $1,475).
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi. and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Yagong — 1
EXCUSED: None.
Urges the Department of Land and Natural Resources (DLNR), Division of Aquatic
Resources, to Adopt Rules for the Sustainable Management of the West Hawai`i
Aquarium Fishery Including Adaptive Management of Fish Replenishment Areas,
Maintenance of an Aquarium Fish Species' `White List," and the Possibility of a
Limited Entry Program. { Urges the DLNR to adopt management approaches,
Hawai`i County Council -47
Res. 378 -10:
Res. 379 -10:
Page 3 September 9, 2010
maintain a tropical fish ``white list," establish a bag limit for reproductively mature
yellow tang, and explore the feasibility of a one -year moratorium on the issuance of
commercial aquarium fish permits.)
AMENDED
AYES:
NOES:
ABSENT:
EXCUSED:
ADOPTED:
AYES:
NOES:
ABSENT:
EXCUSED:
ADOPTED:
AYES:
NOES:
ABSENT:
EXCUSED:
Re: Comm. 730.48
Intr. bv: Mr. Hoffmann
Approve: HSEDC -4
Postponed: April 7, 2010
Held Over Pursuant
to Council Rule 25(e): August 18, 2010
TO DRAFT 3 & ADOPTED:
Council Members Enriques, Ford, Hoffmann Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
Council Member Greenwell — 1.
None.
None.
Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year (5 Years) for a Multi -Year Lease for a Copy Machine for the
Department of Public Works. {Their current copier is 8 years old and replacement
parts are difficult to locate. The estimated annual cost for the new copier would be
$7,600, which is much less than what is currently being paid.)
Re:
Intr. bv:
Approve:
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Onishi, Yagong, and Chair Yoshimoto — 8.
None.
Council Member Naeole- Beason — 1.
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 an
Enforcement of Protective Orders and Temporary Restraining Orders (TRO) Grant
for the Hawai`i Police Department. {Funds would be used to improve the
Department's ability to ensure prompt service of all protective orders, including
those in which a respondent is a convicted felon or falls under the Lautenberg Act
and are thus prohibited from possessing firearms and/or ammunition.)
Re:
Intr. bv:
Approve:
Comm. 907
Mr. Onishi
FC -174
Comm. 908
Mr. Onishi
FC -175
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
None.
None.
None.
Hawai`i County Council -47
Res. 383 -10:
Res. 384 -10:
Res. 386 -10:
Page 4 September 9, 2010
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 Sexual
Assault Exam and Offender/Victim DNA Analysis Grant for the Hawai`i Police
Department. {Funds would be used to improve the Department's ability to respond
to sexual assault and other violent crimes against adult and adolescent women by
covering costs to conduct examinations by Sexual Assault Forensic Examiners and
Sexual Assault Nurse Examiner nurses and the analysis of recovered evidence.)
Re: Comm. 919
Intr. bv: Mr. Onishi
Waived: FC
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Authorizes the Acceptance of a Monetary Donation of $10,000 to the Hawai`i
Police Department. {Donated by Nixie, LLC, the funds would be used to upgrade
the Department's website and make it ADA (Americans with Disabilities Act)
compliant.)
Re: Comm. 922
Intr. bv: Mr. Onishi
Waived: FC
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Recommends that the Mayor Direct the Director of the Department of Parks and
Recreation to Hire Two Full -Time Lifeguards for the Swimming Pool at the Pahoa
Community Aquatic Center. {The Pahoa Pool has recently experienced frequent
pool closures due to a lack of sufficient lifeguard staffing.)
Re: Comm. 928
Intr. by: Ms. Naeole- Beason
Waived: FC
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 -47
Res. 387 -10:
Res. 388 -10:
Bill 268:
Authorizes the Acceptance of a Donation of a Windward Boats Inc. Trailer for the
Hawai`i Fire Department. {Donated by the Daniel R. Sayre Memorial Foundation
with a total estimated value of $11,97, it would replace the existing rusted trailer
used for Rescue Boat No. 7.}
ADOPTED:
AYES:
NOES:
ABSENT:
EXCUSED:
ADOPTED:
AYES:
NOES:
ABSENT:
EXCUSED:
Re:
Intr. bv:
Waived:
Page 5 September 9, 2010
Comm. 930
Mr. Onishi
FC
Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole- Beason, Onishi, and Chair Yoshimoto — 8.
None.
Council Member Yagong — 1.
None.
Authorizes the Acceptance of a Monetary Donation of $7,500 to the County of
Hawai`i. {Donated by Kaiser Foundation Health Plan, Inc., funds would be used
towards the hosting expenses and supplies for the County's 2010 Healthcare
Conference (held on August 13, 2010, at the Waikoloa Beach Marriott Resort). }
Re:
Intr. bv:
Waived:
BILLS FOR ORDINANCES (FIRST READING)
Comm. 931
Mr. Onishi
FC
Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole- Beason, Onishi, and Chair Yoshimoto — 8.
None.
Council Member Yagong — 1.
None.
Amends Chapter 9 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to the County Electrical Code. {The State Building Code Council has
reviewed and proposed the adoption of the 2008 National Electrical Code (NEC)
with amendments (with the exception of the administrative portion of the code
which varies by each County). The Electrical Code in Chapter 9 is amended with
the following: 1) revised scope, 2) the definition "Administrative authority" is
Hawai`i County Council -47
Comm. 874.1:
Comm. 874.2:
Bill 269:
amended to read "Authority having jurisdiction" (AHJ), 3) addition of new
definitions, 4) amended request for inspection, 5) amended rain water and sea water
flooding standards, and 6) simplified fee schedule.)
Re: Comm. 874
Intr. by: Mr. Enriques
Waived: PWIRC
AMENDED TO DRAFT 2 & POSTPONED (VOTE REFLECTED BELOW) AT
THE CALL OF THE CHAIR AND RECOMMENDS THAT THE PUBLIC
WORKS DEPARTMENT HOLD TWO PUBLIC MEETINGS (EAST AND
WEST HAWAII) AFTER SEPTEMBER 18, 2010:
AYES: Council Members Enriques, Ford, Hoffmann Ikeda,
Naeole- Beason, Yagong, and Chair Yoshimoto — 7.
NOES: Council Members Greenwell and Onishi — 2.
ABSENT: None.
EXCUSED: None.
;and
From Public Works and Intergovernmental Relations Committee Chair
Guy Enriques, dated August 16, 2010, requesting that this matter be waived to the
Council for immediate action; and
From Public Works Director Warren H. W. Lee, dated August 27, 2010,
transmitting proposed amendments to Bill 268 and requests the Council substitute
the contents of Bill 268 with this proposal (which is attached to this
communication).
Amends Chapter 17 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Plumbing. {The State Building Code Council has reviewed and
proposed the adoption of the 2006 Uniform Plumbing Code (UPC) with
amendments (with the exception of the administrative portion of the code which
varies by each County). The Plumbing Code in Chapter 17 is amended with the
following: 1) the definition "Administrative authority" is amended to read
Authority having jurisdiction" (AHJ); 2) Gray Water System is amended by the
Department of Health. Enforcement will be by the Department of Health; and
3) Appendix K — Private Sewage Disposal System is amended by the Department of
Health. Enforcement will be by the Department of Health.)
AMENDED TO DRAFT 2 & POSTPONED (VOTE REFLECTED BELOW) AT
THE CALL OF THE CHAIR AND RECOMMENDS THAT THE PUBLIC
WORKS DEPARTMENT HOLD TWO PUBLIC MEETINGS (EAST AND
WEST HAWAI`I) AFTER SEPTEMBER 18, 2010:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda,
Naeole- Beason, Yagong, and Chair Yoshimoto — 7.
Council Members Greenwell and Onishi — 2.
None.
None.
NOES:
ABSENT:
EXCUSED:
; and
Page 6 September 9, 2010
Re: Comm. 875
Intr. by: Mr. Enriques
Waived: PWIRC
Hawai`i County Council -47
Page 7 September 9, 2010
Comm. 875.1: From County Clerk Kenneth Goodenow, dated July 20, 2010, transmitting for
illustrative purposes in ramseyer format, the amendments to the UPC as provided in
Section 8 of Bill 269 (codified as Section 17 -47 of the County Code); and
Comm. 875.2: From Public Works and Intergovernmental Relations Committee Chair
Guy Enriques, dated August 16, 2010, requesting that this matter be waived to the
Council for immediate action; and
Comm. 875.3: From Public Works Director Warren H. W. Lee, dated August 27, 2010,
transmitting proposed amendments to Bill 269, and requests the Council substitute
the contents of Bill 269 with this proposal (which is attached to this
communication).
Bill 270:
Repeals Chapter 5 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
to be Replaced by a New Chapter 5, Relating to Building. {The State Building
Code Council has reviewed and proposed the adoption of the 2006 International
Building Code (IBC) with amendments. Repeals Chapter 5 of the Hawai`i County
Code (Building) and provides a new Chapter 5 with certain amendments which
relates to the following: 1) Article 1 (contains the general provisions, title,
purposes, and scoping); 2) Article 2 (administration and enforcement, administrative
authority, compliance with codes and other laws, adoption of rules and right of
entry, permits and permit fees, construction document requirements, required plans
and specifications, inspections, violations, enforcement and penalties); 3) Article 3
(installation requirements; 2006 IBC is incorporated by reference; the 2006 IBC
with amendments as it relates to the State Building Code, with the exception of the
administrative portion (Articles 1 and 2) of the Code which varies by each County;
and provisions for one and two family dwellings as it relates to the building code);
Article 4 (adopting amendments and addition of appendices that apply to the
following: Appendix C — Group U Agricultural Buildings, Appendix I — Patio
Covers, Appendix L — Factory -Built Housing, Appendix M — Thatch Material on
Exterior of Buildings /Protection Against Exposure Fires, Appendix U — Hawai`i
Hurricane Sheltering Provisions for New Construction (this includes Hawai`i
Residential Safe Room), Appendix W — Hawai`i Wind Design Provisions for New
Construction, and Appendix X — Indigenous Hawaiian Architecture Structures); and
5) Article 5 (adoption of the 2006 International Energy Conservation Code as
amended by Hawai`i County.)
Re: Comm. 876
Intr. by: Mr. Enriques
Waived: PWIRC
AMENDED TO DRAFT 2 & POSTPONED (VOTE REFLECTED BELOW) AT
THE CALL OF THE CHAIR AND RECOMMENDS THAT THE PUBLIC
WORKS DEPARTMENT HOLD TWO PUBLIC MEETINGS (EAST AND
WEST HAWAI`I) AFTER SEPTEMBER 18, 2010:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda,
Naeole - Beason, Yagong, and Chair Yoshirnoto — 7.
NOES: Council Members Greenwell and Onishi — 2.
ABSENT: None.
EXCUSED: None.
; and
Hawai`i County Council -47
Comm. 876.1:
Comm. 876.2:
Comm. 876.3:
Comm. 876.4:
Bill 283:
Bill 285:
Page 8 September 9, 2010
From County Clerk Kenneth Goodenow, dated July 20, 2010, transmitting for
illustrative purposes in ramseyer format the amendments to the IBC as provided in
Section 2 of Bill 270 (codified as Article 3, Section 5-71 of the County Code); and
From Council Vice Chair Emily I. Naeole- Beason, dated July 20, 2010, transmitting
a proposed amendment to Bill 270 (incorporating ``local" amendments); and
From Public Works and Intergovernmental Relations Committee Chair
Guy Enriques, dated August 16, 2010, requesting that this matter be waived to the
Council for immediate action; and
From Public Works Director Warren H. W. Lee, dated August 27, 2010,
transmitting proposed amendments to Bill 270, and requests the Council to
substitute the contents of Bill 270 with this proposal (which is attached to this
communication).
Amends Ordinance No. 03 -111, Which Amended Ordinance No. 00 -128, Which
Amended Ordinance No. 91 -116, Which Reclassified Lands from Agricultural —
1 Acre (A -la) to Neighborhood Commercial — 20,000 Square Feet (CN -20) at
Keonepoko, Puna, Hawai`i, Covered by Tax Map Key:1 -5- 007:020 (approx.
4.901 acres). {HNMP, LLC (Paul Ogasawara, Manager), Applicant; Requesting a
five -year time extension to comply with Condition B (Complete Construction) of
Change of Zone Ordinance No. 03-111.}
Re: Comm. 903
Intr. bv: Mr. Ikeda
Approve: PC -88
AMENDED TO DRAFT 2 & PASSED 1 READING:
Council Members Enriques, Greenwell, Ikeda, N
Onishi, and Chair Yoshimoto — 6.
Council Members Ford, Hoffmann, and Yagong
None.
None.
AYES:
NOES:
ABSENT:
EXCUSED:
aeole- Beason,
— 3.
Amends Ordinance No. 10 -59, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2011. {Increases revenues in
Reimburse Debt Service — Department of Water Supply (DWS) ($432,968.30;
appropriates same to Interest on General Obligation Bonds (GOB) — County.
Properly reflects the DWS's share of the interest payments on the GOB proceeds for
this fiscal year.)
Re: Comm. 906
Intr. bv: Mr. Onishi
Approve: FC -173
PASSED 1 READING:
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 -47
Bill 286:
Bill 287:
Bill 288:
Page 9 September 9, 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 — Enforcement of Protective Orders and Temporary Restraining
Orders (TROs) ($42,610); appropriates same to Enforcement of Protective Orders
and TROs.
Re: Comm. 908
Intr. bv: Mr. Onishi
Approve: FC -176
PASSED 1 READING:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Naeole- Beason — 1.
EXCUSED: None.
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: Kaiminani Drive Roadway Improvements Phase I ($100,000);
funds shall be provided from General Obligation Bonds, Capital Projects Fund —
Fund Balance and/or Other Sources ($100,000). Funds would be used towards the
survey and design portion of the Kaiminani Drive Roadway Improvements Phase I
Project.
Re: Comm. 920
Intr. bv: 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,
Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Naeole- Beason — 1.
EXCUSED: None.
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: Ali`i Drive Culvert Replacement ($00,000); funds shall be
Hawai`i County Council -47
Bill 289:
Bill 290:
Page 10 September 9, 2010
provided from General Obligation Bonds, Capital Projects Fund — Fund Balance
and/or Other Sources ($00,000). Funds would be used towards the design,
permitting, and engineering design to replace the existing bridge.)
Re: Comm. 921
Intr. bv: 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,
Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Naeole - Beason — 1.
EXCUSED: None.
Amends Ordinance No. 10 -59, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2011. {Increases revenues in
Contribution from Private Source ($10,000); appropriates same to Police
Administrative Division — Other Current Expenses.)
Re: Comm. 922
Intr. bv: Mr. Onishi
Waived: FC
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.
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: Napo`opo`o Road Retaining Wall Improvements ($100,000);
funds shall be provided from General Obligation Bonds, Capital Projects Fund —
Fund Balance and/or Other Sources ($100,000). Funds would be used towards the
survey and design portion of the Napo`opo`o Road Retaining Wall Improvements
Project.)
Re: Comm. 923
Intr. bv: 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.
Hawai`i County Council -47
Bill 292:
Bill 293:
Bill 294:
Page 11 September 9, 2010
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 FIRE:
Kati Public Safety Improvements Project ($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 following projects: Pahala
Volunteer Fire Apparatus Garage, Na`alehu Volunteer Fire Apparatus Garage,
Punalu`u Beach Ocean Safety_ Tower, and Ocean View Fire Protection Hydrant
installation.)
Re: Comm. 927
Intr. by: Mr. Enriques
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.
Amends Ordinance No. 10 -59, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2011. {Increases revenues in Federal
Grants — Volunteer Fire Assistance ($34,187.0); appropriates same to Volunteer
Fire Assistance — Federal. Funds would be used towards safety equipment for
personnel at all fire stations.)
Re: Comm. 929
Intr. bv: Mr. Onishi
Waived: FC
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.
Amends Ordinance No. 10 -59, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2011. {Increases revenues in
Contribution from Private Source ($7,00); appropriates same to Research and
Development — Other Current Expenses.)
Re: Comm. 931
Intr. bv: Mr. Onishi
Waived: FC
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 -47
Bill 295:
Re: Comm. 919
Intr. by: Mr. Onishi
Waived: FC
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.
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 266:
Page 12 September 9, 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 — Sexual Assault Examination and DNA Analysis ($12,000);
appropriates same to Sexual Assault Examination and DNA Analysis.)
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
1S Reading: August 18, 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 -47
Bill 271:
Bill 275:
Bill 276:
Page 13 September 9, 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
1S Reading: August 18, 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 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
1S Reading: August 18, 2010
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
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 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
Hawai`i County Council -47
Bill 277:
Bill 278:
Page 14 September 9, 2010
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. by: Mr. Onishi
1S Reading: August 18, 2010
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
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 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
1S Reading: August 18, 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.
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, 11) 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
Hawai`i County Council -47
Bill 279:
Bill 280:
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
1S Reading: August 18, 2010
PASSED 2 & FINAL READING:
AYES:
NOES:
ABSENT:
EXCUSED:
Page 15 September 9, 2010
Council Members Enriques, Ford, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
Council Member Greenwell — 1.
None.
None.
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
1S Reading: August 18, 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 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
1S Reading: August 18, 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 -47
Bill 281:
Bill 282:
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. ")
PASSED 2ND
AYES:
NOES:
ABSENT:
EXCUSED:
Page 16 September 9, 2010
PASSED 2
AYES:
NOES:
ABSENT:
EXCUSED:
Re: Comm. 895
Intr. by: Mr. Enriques
1S Reading: August 18, 2010
& FINAL READING:
Council Members Enriques, Ford, Hoffmann, Ikeda,
Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
Council Member Greenwell — 1.
None.
None.
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
1S Reading: August 18, 2010
& FINAL READING:
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
None.
None.
None.
Hawai`i County Council -47
REPORTS
REFERRALS FOR EXECUTIVE SESSION
Comm. 932:
ANNOUNCEMENTS
ADJOURNMENT 4:33 p.m.
Page 17 September 9, 2010
VANESSA HALDEMAN, ET AL. V. RUTH GOLDEN, ET. AL., CV 05-00810
DAE /KSE
From Deputy Corporation Counsel Joseph K. Kamelamela, dated August 25, 2010.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Naeole- Beason — 1.
EXCUSED: None.
The Council anticipates convening an executive meeting regarding the above 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.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
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 September 7, 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):
• Kona Council Office, Kailua Trade Center, 75 -5706 Hanama Place, Suite 109, Kailua -Kona; and
• County Council Room, 25 Aupuni Street, Hilo.
Hawai`i County Council -47
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, September 15 and 22, 2010, at 6 p.m.; Fridays, September 17 and 24, 2010, at 12 p.m.; and
Sundays, September 19 and 26, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the
State Legislature.
UPCOMING MEETINGS
Page 18 September 9, 2010
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
TUESDAY, OCTOBER 5, 2010
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
WEDNESDAY, OCTOBER 6, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street