HomeMy WebLinkAboutAGE COUNCIL 10/06/2010 2008-2010 r, o s �
J•
J YOSHIMOTO Mi( ew,,'• GUY ENRIQUES
Chair & Presiding Officer ^ Vel BRENDA FORD
/t KELLY GREENWELL
EMILY I. NAEOLE-BEASON PETE HOFFMANN
Vice Chair • r� • ° . " DONALD IKEDA
•. .,. °f, " DENNIS "FRESH" ONISHI
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawai`i �-
Hawai`i County Building_;
25 Aupuni Street C
Hilo, Hawai`i 96720
r
49` Session -`
ORDER OF BUSINESS
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i
Wednesday, October 6, 2010
9:00 a.m.
INVOCATION Reverend Sohko Kuki of Hilo Hooganji Mission
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 -49
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
Comm. 956:
Comm. 959:
ORDER OF RESOLUTIONS
Res. 389 -10:
Res. 390 -10:
Page 2 October 6, 2010
DONATION TO THE OFFICE OF THE PROSECUTING ATTORNEY'S KONA
OFFICE BY MR. TERRY CISCO
From Finance Director Nancy E. Crawford, dated September 22, 2010, requesting
approval of the donation of a used HP C4700A printer plotter (estimated total value
of $900) to be used to prepare exhibits and diagrams for court presentations.
Waived: FC
NOMINATION OF MR. GREGORY W. BRAUN TO THE PUNA COMMUNITY
DEVELOPMENT PLAN ACTION COMMITTEE
From Mayor William P. Kenoi, dated September 24, 2010, requesting confirmation
of Mr. Braun's nomination.
Waived: PC
Accepts the Grant of Public Access Pedestrian Easement from North Coast Kohala
LLC, Tax Map Key:(3)5-5- 007:037. {Easement 83 being ten feet wide within a
40 -foot wide corridor measured from top edge of cliff, containing an area of approx.
1.319 acres, for pedestrian public access purposes affecting Lot 305, as shown on
Map 68, Land Court Application 1120, as described in Exhibit A and depicted on
Exhibit B of this resolution.)
Re: Comm. 935
Intr. bv: Mr. Ikeda
Approve: PC -95
Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for a Multi -Year (5 Year) Lease for One Hundred Mobile Data
Terminal (MDT) for the Hawai`i County Police Department. {MDTs would be
placed in various officers' vehicles throughout the County and provide immediate
access to the database to check warrants, temporary restraining orders, and prior
arrest information.)
Re: Comm. 937
Intr. bv: Mr. Onishi
Approve: FC -179
Hawai`i County Council -49
Res. 391 -10:
Res. 395-10:
BILLS FOR ORDINANCES (FIRST READING)
Bill 194
(Draft 2):
Page 3 October 6, 2010
Authorizes the County of Hawaii to Enter Into Negotiations for a Multi -Year Lease
of Real Property for a Public Swimming Area at Pohoiki, in the District of Puna,
Island, County and State of Hawai`i, Identified as Tax Map Key:(3)1 -4- 002:009
(approx. 21.30 acres). {Requests the County enter into negotiations for a 99 -year
lease and/or Memorandum of Agreement with Ku`ulei Kealoha Cooper Springer in
order to create this public swimming area.)
Re: Comm. 940
Intr. by: Ms. Naeole- Beason
Approve: FC -180
Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawai`i Department of Health, Pursuant to HRS 46 -7, for the Chronic Disease Self
Management Program (CDSMP). {Funds would be used by the Office of Aging to
expand CDSMP workshops to Kohala and Hamakua.
Re: Comm. 957
Intr. bv: Mr. Onishi
Waived: FC
Amends the Puna Community Development Plan (CDP), as Adopted by Ordinance
No. 08 -116. {The majority of the non - substantive amendments regarding Bill 194
were suggested by former Planning Director Chris Yuen and Council Member
Emily Naeole in July 2008. (Concerns regarding substantive amendments would
delay the adoption of the Puna CDP; therefore, no substantive amendments were
approved.) Bill 194 was amended to Draft 2 at the Planning Committee meeting
held on August 2, 2010 (additional non - substantive amendments were approved).
These non - substantive amendments are contained in Communications 664 and
664.4.}
Re: Comm. 664.7
Intr. bv: Mr. Yoshimoto
Approve: PC -97
;and
Comm. 664.32: From Puna CDP Action Committee Chair Barbara Bell, dated September 20, 2010,
providing comments and/or clarification regarding the following issues: town and
village centers, implementing terminology, water quality of the Puna Aquifer, and
large undeveloped parcels; and
Comm. 664.37: From Council Chair J Yoshimoto, dated September 24, 2010, transmitting proposed
amendments to Bill 194, Draft 2, relating to Section 2.1.3 (Historic, Cultural, and
Scenic Resources); Section 2.2.3 (Native Forests and Geological Features); and
2.3.3 (Aquifers and Coastal Waters); and
Comm. 664.38: From Council Chair J Yoshimoto, dated September 24, 2010, transmitting proposed
amendments to Bill 194, Draft 2, relating to Section 2.1.3 (Historic, Cultural, and
Scenic Resources).
Hawai`i County Council -49
Bill 215
(Draft 2):
Bill 296:
Bill 297:
Bill 300:
Page 4 October 6, 2010
Amends Chapter 25, Article 2, Division 4, Section 25-2 -46 of the Hawai`i County
Code 1983 (2005 Edition, as Amended), Relating to Concurrency Conditions.
{ Expands concurrency requirements to include parks and recreational facilities and
firefighting facilities.)
Re: Comm. 729.3
Intr. bv: Mr. Hoffmann
Negative: PC -94
Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Article 10, Division 6,
Section 24- 288.1, Schedule 36.1 (active loading and unloading zones),
paragraph (f), Kona, by adding, "Manawale`a Street, south side, beginning from a
point three hundred twelve feet west of Kealakaa Street and extending forty -eight
feet in the westerly direction, for a period not to exceed fifteen minutes, from
7:30 a.m. to 5:30 p.m. on school days. "}
Re: Comm. 933
Intr. by: Mr. Enriques
Approve: PWIRC -95
Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Article 10, Division 6,
Section 24- 288.1, Schedule 36.1 (active loading and unloading zones),
Subsection (f), Kona, by adding, "Manawale`a Street, north side, beginning from a
point three hundred sixty -three feet west of Kealakaa Street and extending one
hundred thirty -seven feet in the westerly direction, for a period not to exceed fifteen
minutes, from 7:00 a.m. to 8:00 a.m. and 2:00 p.m. to 3:00 p.m. on school days. "}
Re: Comm. 934
Intr. by: Mr. Enriques
Approve: PWIRC -96
Amends Section 25-8 -4 (South Kona 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 — 1,000 Square Feet (RS -15) to
Neighborhood Commercial — 20,000 Square Feet (CN -20) at Haleki`i and
Kanaueue, South Kona, Hawai`i, Covered by Tax Map Key:8- 1- 02:011 (approx.
3.671 acres). {MEN Real Estate Investment, Inc., Applicant.)
Re: Comm. 943
Intr. bv: Mr. Ikeda
Approve: PC -96
Hawai`i County Council -49
Bill 305:
Bill 272:
Bill 273:
Bill 274:
Page 5 October 6, 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 — Chronic Disease Self Management Program — American Recovery
and Reinvestment Act (ARRA) ($2,496); appropriates same to Chronic Disease
Self Management Program — ARRA.)
Re: Comm. 957
Intr. bv: Mr. Onishi
Waived: FC
ORDER OF THE DAY (SECOND OR FINAL READING)
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
1S Reading: September 21, 2010
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
1S Reading: September 21, 2010
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
1S Reading: September 21, 2010
Hawai`i County Council -49
Bill 284
(Draft 2):
Bill 299:
REPORTS
REFERRALS FOR EXECUTIVE SESSION
Comm. 958:
ANNOUNCEMENTS
Page 6 October 6, 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
1S Reading: 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. {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
1S Reading: September 21, 2010
HMP, INC., V. COUNTY OF HAWAII, CIVIL NO. 09-1-0254
From Deputy Corporation Counsel Joseph K. Kamelamela, dated September 23,
2010.
Comm. 960: WHITE V. COUNTY OF HAWAI`I, ET AL., CIVIL NO. 3RC 10- 1 -694K
From Deputy Corporation Counsel Brooks L. Bancroft, dated September 24, 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.)
Hawai`i County Council -49
ADJOURNMENT
Page 7 October 6, 2010
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 October 4, 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.
Public Attendance Via Videoconference is available at the locations(s) above and at the Kona Council Office,
Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua -Kona, 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 counciltestimonv c;co.hawaii.hi.us. Please submit separate
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesdays, October 13 and 20, 2010, at 6 p.m.; Fridays, October 15 and 22, 2010, at 12 p.m.; and Sundays,
October 17 and 24, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State
Legislature.
UPCOMING MEETINGS
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
THURSDAY, NOVEMBER 4, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
Hawai`i County Council -49
COMMITTEES
COUNCIL
Page 8 October 6, 2010
TUESDAY, NOVEMBER 16, 2010
TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, NOVEMBER 17, 2010
9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA