HomeMy WebLinkAboutAGE COUNCIL 09/21/2010 2008-2010 J YOSHIMOTO J +." - " --w - GUY ENRIQUES
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Chair & Presiding Officer BRENDA FORD
.i KELLY GREENWELL
EMILY 1. NAEOLE-BEASON PETE HOFFMANN
+ DONALD IKEDA
Vice Chair r • �/
mo "J DENNIS "FRESH" ONISHI
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
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48 Session
ORDER OF BUSINESS
Hawai`i County Council
Sheraton Keauhou Bay Resort and Spa
78 -128 Ehukai Street
Kailua -Kona, Hawai`i
Tuesday, September 21, 2010
9:00 a.m.
INVOCATION Reverend Tullos Jones of Kona Baptist Church
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
Hawai`i County is an Equal Opportunity Provider and Employer.
Hawai`i County Council -48
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
(NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.)
APPROVAL OF MINUTES
COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 372 -10:
Res. 373 -10:
January 6, 2010
Page 2 September 21, 2010
Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of
the Lucile P. Kingman Trust Parcels (TMKS:7 -7 -008: 020 (approx. 1.3016 acres
and a house) and 7 -7 -008: 031 (approx. 4.7100 acres)) in the Ahupua`a of
Pahoehoe 2nd and Pahoehoe 3 North Kona, Pursuant to Chapter 2, Article 42,
Hawai`i County Code 1983 (2005 Edition, as Amended). {Cited as a key priority
by the Public Access, Open Space, and Natural Resources Preservation Commission
in its 2009 Annual Report and ranked it Number four for acquisition purposes. Sets
forth recommendations and provisions relating to funding mechanisms; hunting; the
formation or collaboration with an existing community -based nonprofit organization
in the maintenance of the Kingman property (and the burials and other cultural
resources); the Department of Parks and Recreation's management of the parcels
facilities and amenities; preservation of the Great Wall of Kuakini; development of
these properties relating to burials and other significant cultural resources; and that
all open space, burial preserves, and other park lands shall be named
"Kipapa Park. "}
Re: Comm. 884
Intr. by: Ms. Ford
Approve: FC -177
Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of
the Lucile P. Kingman Trust Parcel (TMK:7 -7 -008: 100 (approx. 0.1722 acres and a
small house)) in the Ahupua`a of Pahoehoe 3 North Kona. {Cited as a key
priority by the Public Access, Open Space, and Natural Resources Preservation
Commission in its 2009 Annual Report and ranked it Number four for acquisition
purposes. Sets forth recommendations and provisions relating to funding
mechanisms; hunting; the formation or collaboration with an existing community-
based nonprofit organization in the maintenance of the Kingman property (and the
burials and other cultural resources); the Department of Parks and Recreation's
management of the parcels facilities and amenities; and that this property associated
with the park created with parcels identified as TMK:7 -7- 008:020 and 031 shall also
be named "Kipapa Park. "}
Re: Comm. 885
Intr. by: Ms. Ford
Approve: FC -178
Hawai`i County Council -48
Res. 380 -10:
Res. 382 -10:
Res. 385-10:
Res. 392 -10:
Page 3 September 21, 2010
Accepts the Grant of Public Access Pedestrian Easement from Sunstone Realtv
Partners V, LLC, Tax Map Key Nos.:(3)8 -7- 011:001, 016, 025, 026 and 034.
{Property description: Lot 9 of the Kona Sea Ranch Subdivision, Increments I and
II, being a portion of Grant 1725, into Lots 1 to 18, inclusive, and Lot B -1 roadway,
situate at Kukuiopa`e 2n District of South Kona.)
Re: Comm. 909
Intr. bv: Mr. Ikeda
Approve: PC -93
Accepts the Grant of Easement from Kailua Kona Village Development Group,
LLC, for Traffic Signal Light Pole Purposes. {Allows for the installation of a traffic
signal pole at the corner of Ali`i Drive and Hualalai Road.)
Re: Comm. 916
Intr. bv: Mr. Enriques
Approve: PWIRC -93
Requests the Mayor and the Administration of the County to Explore the Potential
for an Agreement to Lease an Area Adjacent to the Hawai`i Island Humane Society
(HIHS) Facility in West Hawai`i to Allow for Expansion of the Existing Facility.
{The HIHS West Hawai`i facility could be expanded by utilizing County- controlled
property, which is adjacent to the existing facility (presently being used by the
County for storage.)
Re: Comm. 926
Intr. by: Mr. Greenwell
Approve: PWIRC -94
Accepts the Grant of Easement from Bishop Estates for Public Access Purposes.
{Allows for public access to the shoreline, Mo`okini Heiau, Kamehameha I
Birth -site, and Mo`okini Educational Center, located on portions of
TMKS:(3)5-5- 00:004, 005, 017, and (3)5-6- 001:027, situated in Kokoiki,
Pu`uepa 2nd and `Upolu, District of North Kohala. }
Re: Comm. 942
Intr. bv: Mr. Enriques
Waived: PWIRC
Hawai`i County Council -48
BILLS FOR ORDINANCES (FIRST READING)
Bill 230:
Bill 272:
Bill 273:
Bill 274:
Page 4 September 21, 2010
Amends Chapter 2, Administration, Article 15, Code of Ethics, of the Hawai`i
County Code 1983 (2005 Edition, as Amended), Relating to the Code of Ethics.
{Amends the definition of "Agency ": and amends Sections 2 -83 (Fair treatment),
2 -84 (Conflicts of interest), and 2 -85 (Contracts). }
Re: Comm. 758
Intr. bv: Mr. Onishi
Approve: FC -167
Postponed: May 19, 2010
(Note: There is a pending motion by Mr. Onishi and duly seconded by
Ms. Naeole- Beason to approve Bill 230.)
Amends Section 25-8 -9 (Hawi- Kapa`au Zone Map) and Section 25-8 -7 (North and
South Kohala 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 — Twenty Acres (A -20a) to Family- Agricultural — Two Acres
(FA -2a) at Kapu`a and Puehuehu, Hawai`i. Covered by Tax Map Key: -4- 008:001
(approx. 24.174 acres). { EWM Investments, LLC, Applicant.)
Re: Comm. 887
Intr. bv: Mr. Ikeda
Approve: PC -89
Amends the State Land Use Boundaries Maps for the County of Hawai`i by
Changing the District Classification from the Agricultural to the Urban District at
Pahoa, North Kohala, Hawai`i. Covered by Tax Map Key: -5- 019:02 and 027
(Portions) (approx. 12.737 acres). {Hawai`i Island Community Development
Corporation, Applicant.)
Re: Comm. 888
Intr. bv: Mr. Ikeda
Approve: PC -90
Amends Section 25-8 -7 (North and South Kohala Zone Map), Article 8, Chapter 25
(Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the
District Classification from Agricultural — Twenty Acres (A -20a) and Single - Family
Residential — 7,500 Square Feet (RS -7.5) to Single - Family Residential — 15,000
Square Feet (RS -15), Single - Family Residential — 10,000 Square Feet (RS -10),
Single - Family Residential — 7,500 Square Feet (RS -7.5), and Open at Pahoa, North
Kohala, Hawai`i, Covered by Tax Map Key: -5- 019:02 and 027 (Portions)
(approx. 18.38 acres). {Hawai`i Island Community Development Corporation,
Applicant.)
Re: Comm. 888
Intr. bv: Mr. Ikeda
Approve: PC -91
Hawai`i County Council -48
Bill 284
(Draft 2):
Bill 299:
Bill 283
(Draft 2):
Bill 285:
Page 5 September 21, 2010
Amends Section 25-8 -16 (Hamakua District Homestead Area Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by
Changing the District Classification from Agricultural — Forty Acres (A -40a) to
Agricultural — Ten Acres (A -10a) at Kawela, Hamakua, Hawai`i, Covered by Tax
Map Key:4 -6- 011:039 (approx. 71.178 acres). {Stephanie Dullum, Applicant.)
Re: Comm. 904.2
Intr. bv: Mr. Ikeda
Approve: PC -92
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 — State Energy Sector Partnership and Training Grant and American
Recovery and Reinvestment Act of 2009 (SESP ARRA) ($543,725.60);
appropriates to the following: SESP — ARRA Office of Housing and Community
Development Administration ($110,687.60) and SESP — ARRA Care Management,
Training and Support Services Department of Labor and Industrial Relations
($433,038), for a total of $543,725.60.}
Re: Comm. 941
Intr. bv: Mr. Hoffmann
ORDER OF THE DAY (SECOND OR FINAL READING)
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. 903.6
Intr. bv: Mr. Ikeda
1S Reading: 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. {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
1S Reading: September 9, 2010
Hawai`i County Council -48
Bill 286:
Bill 287:
Bill 288:
Bill 289:
Page 6 September 21, 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
1S Reading: 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
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
1S Reading: September 9, 2010
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: Ali`i Drive Culvert Replacement ($00,000); funds shall be
provided from General Obligation Bonds, Capital Projects Fund — Fund Balance
and/or Other Sources ($500,000). Funds would be used towards the design,
permitting, and engineering design to replace the existing bridge.)
Re: Comm. 921
Intr. bv: Mr. Onishi
1S Reading: September 9, 2010
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
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
1S Reading: September 9, 2010
Hawai`i County Council -48
Bill 290:
Bill 292:
Bill 293:
Bill 294:
Page 7 September 21, 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
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
1S Reading: September 9, 2010
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 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
1S Reading: September 9, 2010
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
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
1S Reading: 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. {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
1S Reading: September 9, 2010
Hawai`i County Council -48
Bill 295:
REPORTS
FINANCIAL
REPORTS:
REFERRALS FOR EXECUTIVE SESSION
ANNOUNCEMENTS
ADJOURNMENT
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.)
Re: Comm. 919
Intr. by: Mr. Onishi
1S Reading: September 9, 2010
Monthly Budget Status Report for the Month Ended June 30, 2010, from the
Department of Finance
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 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.
Page 8 September 21, 2010
Hawai`i County Council -48
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 29 and October 6, 2010, at 6 p.m.; Fridays, October 1 and 8, 2010, at 12 p.m.; and
Sundays, October 3 and 10, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State
Legislature.
UPCOMING MEETINGS
Page 9 September 21, 2010
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
TUESDAY, OCTOBER 19, 2010
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, OCTOBER 20, 2010
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA