HomeMy WebLinkAboutAGE COUNCIL 10/20/2010 2008-2010 ACTIONSJ YOSHIMOTO
Chair & Presiding Officer
EMILY L NAEOLE - BEASON
Vice Chair
50' Session
COUNTY COUNCIL
County of Hawai `i
Hawai `i County Building
25 Aupuni Street
Hilo, Hawai `i 96720
ORDER OF BUSINESS
INVOCATION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
Hawaii County Council
Sheraton Keauhou Bay Resort and Spa
78 -128 Ehukai Street
Kailua -Kona, Hawaii
Wednesday, October 20, 2010
9:00 a.m.
Paste- Keith Ellie# of Kona Chtifeh of
Council Member Emily Naeole- Beason
9:05 a.m.
GUY ENRIQUES
BRENDA FORD
KELLY GREENWELL
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
DOMINIC YAGONG
(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.
Hawaii County Council -50 Page 2 October 20, 2010
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
(NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.)
APPROVAL OF MINUTES June 23, 2010
COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 393 -10: Accepts the Dedication of Road Lots 149 Thru 155 of Kilohana Kai at Waikoloa
Phase II, Being Tax Map Keys: (3)6 -8- 035:052 and 6 -8- 040:108, Situate at
Waikoloa, District of South Kohala, County and State of Hawaii, from the
Association of Owners of Kilohana Kai at Waikoloa, Phase II. {The Association of
Owners of Kilohana Kai at Waikoloa, Phase II, is desirous of dedicating the
following roadway lots for road and drainage purposes: Lot 149, Kokee
Street/Kokee Place (31,458 sq. ft.); Lot 150, Haena Street (24,795 sq. ft.); Lot 151,
Eleele Place (27,237 sq. ft.); Lot 152, Haia Street (138,423 sq. ft.); Lot 153,
Halepua Street (27,083 sq. ft.); Lot 154, Haena Street (94,441 sq. ft.); and Lot 155,
Haena Place (13,008 sq. ft.).}
Re: Comm. 950
Intr. by: Mr. Enriques
Approve: PWIRC -97
Hawaii County Council -50 Page 3 October 20, 2010
Res. 394 -10: Authorizes the Payment of Funds of a Later Fiscal Year and of More than One fiscal
Year for a Multi -Year Lease (Three Years) for Twenty Laptop Computers for the
Hawaii Fire Department. {The laptop computers would be used for a variety of
purposes such as providing the ability to document patient care, send critical
information to hospitals, and collect billing information from the incident site or
other locations.)
Re: Comm. 953
Res. 396 -10: Accepts the Grant of Easement and Bill of Sale for Wastewater Treatment Plant
Facilities, Collection System and Appurtenances, at Haina, District of Hamakua,
Island, County and State of Hawaii, from Hawaii Health Systems Corporation and
East Hawaii Regional Health Care System/Regional System IV, Affecting Tax Map
Keys: (3)4 -5- 002 -060, 4 -5- 002 -011, 4 -5- 002 -012, 4 -5- 002 -021, 4 -5- 002 -035,
4 -5- 002 -044, 4 -5- 002 -050, 4 -5- 002 -061, 4 -5- 002 -063, 4 -5- 002 -071, 4 -5- 002 -072,
4 -5- 002 -074, 4 -5- 002 -075, 4 -5- 002 -081, and 4 -5- 023 -071, to the County of Hawaii.
{The grant of easement and bill of sale is needed to install, refurbish, upgrade,
expand, operate, and maintain the underground wastewater collection system and all
other related facilities.)
Intr. by: Mr. Onishi
Approve: FC -182
Re: Comm. 961
Intr. by: Mr. Enriques
Waived: PWIRC
Hawaii County Council -50 Page 4 October 20, 2010
Res. 402 -10: Accepts the Dedication of Road Lots A, B, F and H, of the Hualalai Heights
Subdivision, Being Portions of Tax Map Key:(3)7 -5- 043:029, Situate at Puapuaanui
1S District of North Kona, County and State of Hawaii, from International
Development Projects, Ltd. And Pualani Estates, Inc. {International Development
Projects, Ltd., and Pualani Estates, Inc., are desirous of dedicating the following
roadway lots for road and drainage purposes: Lot A, Puapuaanui Street (por.)
(75,441 sq. ft.); Lot B, Pualena Street (13,078 sq. ft.); Lot F, Hualalai Road
(14,414 sq. ft.); and Lot H, Pualena Street (29,117 sq. ft.).}
Res. 403 -10: Authorizes the County of Hawaii to Enter into an Agreement with the State of
Hawaii for Granting of Licenses for Access, Installation and Maintenance of Sirens
of the Hawaii State Emergency Outdoor Siren Warning System as Part of the
Hawaii Emergency Alert System. {Authorizes the Mayor to enter into and execute
on behalf of the County the Memorandum of Agreement (Exhibit B) relating to the
access, installation and maintenance of the Hawaii State Emergency Outdoor Siren
Warning System; and authorizes the Director of Finance to grant licenses for access,
installation and maintenance purposes of the sirens of the Hawaii State Emergency
Outdoor Siren Warning System to the State of Hawaii, Department of Defense
(Exhibit A), until termination or abandonment of that specific purpose.)
Re: Comm. 973
Intr. by: Mr. Enriques
Waived: PWIRC
Re: Comm. 974
Intr. by: Mr. Onishi
Waived: FC
Hawaii County Council -50 Page 5 October 20, 2010
Res. 404 -10: Transfers /Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers /appropriates $184,965 out and from Geothermal Other Current
Expenses; credits same to Transfer to Capital Projects Fund - Geothermal. The funds
would be used for the following park alterations and improvement projects in the
District 5 community: Conversion of the former Pahoa Fire Station to a senior
center, construction of a new dog park at the unused Pahoa baseball field,
construction of a horseshoe pit facility near existing playground, construction of a
perimeter walkway system near upper field, and miscellaneous improvements to
District 5 parks.)
Re: Comm. 975
Res. 405 -10: Authorizes the Exemption of Certain Hawaii County Code Requirements, Pursuant
to Section 201H -38 of the Hawaii Revised Statutes for the Proposed Kamakana
Villages at Keahuolu Master - Planned Mixed -Use Affordable Housing Project.
{The Office of Housing and Community Development has been working in
consultation with Forest City and Hawaii Housing Finance and Development
Corporation to develop Kamakana Villages, on approximately 272.063 acres of land
at Keahuolu, North Kona, Hawaii, identified by Tax Map Key:(3)7 -4- 021:020, 024,
025, 026, and 027. (Attached to this resolution are the preliminary plans and
specifications: Exhibit A (Plans and Figures) and Exhibit B (Exemptions).}
; and
Comm. 977.1: From Council Member Donald Ikeda, dated October 6, 2010, stating that at the
Housing meeting held on October 5, 2010, representations were made by the
applicants that the Council would receive proposed amendments to this resolution;
and requests that if the amendments are received prior to the agenda being posted,
that the applicants proposal be placed on the Council's October 20, 2010 agenda.
; and
(Note: Comm. 977.2, also related to Res. 405 -10, continues on the next page.)
Intr. by: Mr. Onishi
Waived: FC
Re: Comm. 977
Hawaii County Council -50 Page 6 October 20, 2010
Comm. 977.2: From Steven S. C. Lim, Carlsmith Ball LLP, dated October 11, 2010, submitting
revisions which reduce the number and type of 201H exemptions
being requested as well as provide additional changes in response to
requests made by County agencies. Attached are the following
revisions: Revised 201H Exemptions List for the Kamakana
Villages at Keahuolu project (clean and blacklined copy), revised
201H Resolution 405 -10 (clean and blacklined copy), Smartcode-
Thoroughfare Standards, and Green Network Concept Illustrative
Plan.
Res. 406 -10: Authorizes the Mayor and the Department of Public Works to Enter into an
Agreement with the State of Hawaii Department of Land and Natural Resources for
Permission to Effect Improvements to the Right -of -Way for the Portion of Old
Volcano Trail Between the Intersections of South Kulani Road and Hawaiian Acres
Road 1. {Authorizes the Mayor to enter into and execute on behalf of the County a
Memorandum of Agreement with the State of Hawaii for execution of Old Volcano
Trail improvements; and that the Department of Public Works shall pursue this
agreement to address the safety and congestion issues between the intersection of
South Kulani Road, extending eastward to the intersection with Hawaiian Acres
Road 1.)
Re: Comm. 978
Intr. by: Mr. Enriques
Waived: PWIRC
Hawaii County Council -50 Page 7 October 20, 2010
BILLS FOR ORDINANCES (FIRST READING)
Bill 229: Amends Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Single - Family Residential — 7,500 Square Feet (RS -7.5) to
Multiple - Family Residential — 2,500 Square Feet (RM -2.5) at Waiakea, South Hilo,
Hawaii, Covered by Tax Map Key:2 -4- 028:009 (approx. 3.292 acres).
(Vincent Tai, Applicant.}
Re: Comm. 756
Intr. by: Mr. Ikeda
Approve: PC -73
Postponed: April 20, 2010
(Note: There is a pending motion by Mr. Ikeda and duly seconded by
Mr. Onishi to approve Bill 229.)
PASSED 1 sT READING:
AYES: Council Members Enriques, Greenwell, Ikeda, Naeole- Beason,
Onishi, Yagong, and Chair Yoshimoto — 7.
NOES: Council Members Ford and Hoffmann — 2.
ABSENT: None.
EXCUSED: None.
and
Comm. 756.2: From Council Member Donald Ikeda, dated October 6, 2010, requesting this matter
be placed on the Council's October 20, 2010 agenda.
Bill 230: Amends Chapter 2, Administration, Article 15, Code of Ethics, of the Hawaii
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).1
Re: Comm. 758
Intr. by: Mr. Onishi
Approve: FC -167
Postponed: May 19 and September 21, 2010
(Note: There is a pending motion by Mr. Onishi and duly seconded by
Ms. Naeole- Beason to approve Bill 230.)
POSTPONED TO THE NOVEMBER 17 2010 COUNCIL MEETING
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Hawaii County Council -50 Page 8 October 20, 2010
Bill 301: Amends Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural — Three Acres (A -3a) to Family — Agricultural — One
Acre (FA -la) at Waiakea, South Hilo, Hawaii, Covered by Tax Map
Key:2 -4- 032:012 (approx. 5.00 acres). {Kevin Ken Akiyama, Applicant.}
Bill 302: Amends Ordinance No. 08 -39 Which Reclassified Lands from Single - Family
Residential — 10,000 Square Feet (RS -10) to Neighborhood Commercial — 20,000
Square Feet (CN -20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map
Key:2 -2- 040:121 (approx. 23,559 square feet); Requests to Delete Condition D
(Restrict Uses Allowed in CN zoning District to Personal Services, Residential, and
Residential Related). {Jin Soo and Ran Hui Iida, Applicants.}
Re: Comm. 951
Intr. by: Mr. Ikeda
Approve: PC -100
Re: Comm. 944
Intr. by: Mr. Ikeda
Hawaii County Council -50 Page 9 October 20, 2010
Bill 303: 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
ENVIRONMENTAL MANAGEMENT: Honokaa Large Capacity Cesspool
Replacement — State Revolving Fund (SRF) ($976,000); funds shall be provided
from SRF ($976,000). The project involves the design and installation of new
sewer mains (Phase 1) and upgrades to the existing Wastewater Treatment Plant
(Phase II) located in Haina Town. Funds would be used for Phase II, which is
tentatively scheduled to go out to bid in October 2010 (Phase I is near to
completion).)
Re: Comm. 952
Intr. by: Mr. Onishi
Approve: FC -181
2/3 Vote: Section 10 -6(d), Hawaii County Charter
Bill 312: 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
PARKS AND RECREATION: Discretionary Projects - Geothermal Funds - Council
District 5 ($184,965); funds shall be provided from Transfer from Geothermal
Relocation and Community Benefits Fund ($184,965).
Re: Comm. 975
Intr. by: Mr. Onishi
Waived: FC
2/3 Vote: Section 10 -6(d), Hawaii County Charter
Hawaii County Council -50 Page 10 October 20, 2010
Bill 313: 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:
PARKS AND RECREATION: Improvements to Panaewa Rainforest Zoo and
Garden ($290,000); funds shall be provided from Federal Grants Receivable
($290,000). Funds would be used for the development of a new ADA- and Safety -
compliant children's playground for all age groups, landscape improvements, new
picnic area with expanded seating, construction of two new ADA - accessible family
use restrooms in the zoo's entry building, and a new office in the existing rain
shelter structure.)
Re: Comm. 976
Intr. by: Mr. Onishi
Waived: FC
2/3 Vote: Section 10 -6(d), Hawaii County Charter
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 194 Amends the Puna Community Development Plan (CDP), as Adopted by Ordinance
(Draft 3): No. 08 -116. {Makes non - substantive and substantive amendments to the Puna
CDP. }
Re: Comm. 664.40
Intr. by: Mr. Yoshimoto
Is Reading: October 6, 2010
Hawaii County Council -50 Page 11 October 20, 2010
Bill 296 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
(Draft 2): 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 7:00 a.m. to 8:00 a.m. and
2:00 p.m. and 3:00 p.m. on school days. "}
Re: Comm. 933.2
Intr. by: Mr. Ikeda
1s Reading: October 6, 2010
Bill 297: Amends Chapter 24 of the Hawaii 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
1s Reading: October 6, 2010
Hawaii County Council -50 Page 12 October 20, 2010
Bill 300 Amends Section 25 -8 -4 (South Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Single - Family Residential — 15,000 Square Feet (RS -15) to
Neighborhood Commercial — 20,000 Square Feet (CN -20) at Haleki`i and
Kanaueue, South Kona, Hawaii, Covered by Tax Map Key:8 -1- 025:011 (approx.
3.671 acres). {MEN Real Estate Investment, Inc., Applicant.}
Bill 305: Amends Ordinance No. 10 -59, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2011. {Appropriates revenues in
Federal Grants — Chronic Disease Self Management Program — American Recovery
and Reinvestment Act (ARRA) ($25,496); appropriates same to Chronic Disease
Self Management Program — ARRA. }
Re: Comm. 957
Intr. by: Mr. Onishi
Is Reading: October 6, 2010
REPORTS
PC -99 Recommends the appointment of Mr. John Hoover to the South Kohala Community
(Comm. 949): Development Plan Action Committee.
Re: Comm. 943.7
Intr. by: Ms. Ford
Hawaii County Council -50 Page 13 October 20, 2010
EMC -14
(Comm. 945)
PSPRC -31
(Comm. 946)
REFERRALS FOR EXECUTIVE SESSION
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.)
Recommends confirmation of the appointment of Mr. Frank J. DeMarco as the
Director of the Department of Environmental Management.
Recommends the appointment of Mr. Brian Jordan to the Veterans Advisory
Committee.
Hawaii County Council -50 Page 14 October 20, 2010
ANNOUNCEMENTS
ADJOURNMENT 2:55 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 October 18, 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 Hawaii Revised Statutes (hereinafter "HRS ") §92 -3.5, the Hawaii
County Council will be conducting this meeting via videoconference. Council Members will be present at the
following location(s):
Sheraton Keauhou Bay Resort and Spa, 78 -128 Ehukai Street, Kona; and
County Council Room, 25 Aupuni Street, Hilo.
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 Testimony 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 Aupum Street, Hilo, Hawaii, 96720; (2) by
facsimile to (808) 961 -8912; or (3) by e -mail to counciltestimon v a,co.hawaii.hi.us Please submit separate
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52
Wednesdays, October 27 and November 3, 2010, at 6 p.m.; Fridays, October 29 and November 5, 2010, at
12 p.m.; and Sundays, October 31 and November 7, 2010, at 9 a.m. These airtimes are subject to preemption by
broadcasts from the State Legislature.
UPCOMING MEETINGS
THURSDAY, NOVEMBER 4, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupum Street
TUESDAY, NOVEMBER 16, 2010
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, NOVEMBER 17, 2010
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA