HomeMy WebLinkAboutAGE COUNCIL 11/04/2010 2008-2010 J YOSHIMOTO . �.+ <Y o` "�' GUY ENRIQUES
Chair & Presiding Officer bld7; BRENDA FORD
- •i:' „ % /, KELLY GREENWELL
EMILY L NAEOLE • - "''�_ PETE HOFFMANN
Vice Chair ` •�'�� DONALD IKEDA
,T!• -- DENNIS "FRESH" ONISHI
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawai `i
Hawai '1 County Building
25 Aupuni Street
Hilo, Hawai `i 96720
51 Session r.\.)
ORDER OF BUSINESS
Hawaii County Council
25 Aupuni Street
Hilo, Hawai`i
Thursday, November 4, 2010
9:00 a.m.
INVOCATION Reverend Brian Welsh of Haili 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
Hawaii County is an Equal Opportunity Provider and Employer.
Hawai‘i County Council-51 Page 2 November 4, 2010
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 April 20, 2010
COMMUNICATIONS
Comm. 983: PROPOSED 2011 HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC)
LEGISLATIVE PACKAGE
From Council Chair J Yoshimoto, dated October 22, 2010, requesting Council’s
approval of HSAC’s 2011 Legislative Package. These proposals relate to: Penal
Code (replica guns; and assault against firefighters and water safety officers),
Nomination Papers, Aquarium Aquatic Life, Employer-Union Health Benefits Trust
Fund (EUTF) Board of Trustees, Employees’ Retirement System (ERS) Board of
Trustees, Counties (appointment of county liquor administrators; and appointment
of county personnel directors of neighbor island counties), and Housing.
Waived: PWIRC
Comm. 987: NOMINATIONS OF MR. JAMES “KIMO” LEE (COUNCIL DISTRICT 2),
MS. M. LUAHIWA NAMAHOE (COUNCIL DISTRICT 4),
MR. GREGORY C. HENKEL (COUNCIL DISTRICT 5), MR. BYRON K. MOKU
(COUNCIL DISTRICT 8), AND MR. TOBY TANIGUCHI (COUNCIL
DISTRICT 9) TO THE FIRE COMMISSION
From Mayor Billy Kenoi, dated October 22, 2010, requesting the Council’s
favorable recommendation of the above nominations.
Waived: PSPRC
ORDER OF RESOLUTIONS
Res. 352-10: Planning Director Initiated: Adopts “Envision Downtown Hilo (EDH) 2025:
A Community-Based Vision and Living Action Plan – 5 Year Action Plan Update”
as a Guide for the Future of Downtown Hilo. {The adoption of the
“EDH 2025: 5-Year Action Plan Update” would be used as a guide by the County
in its consideration of future development and capital projects in Downtown Hilo.}
Re: Comm. 840
Intr. by: Mr. Ikeda
Waived: PC
; and
(Related Communications 840.4 and 840.5 continues on the next page.)
Hawai‘i County Council-51 Page 3 November 4, 2010
Comm. 840.4 From Council Member Donald Ikeda, dated October 22, 2010, requesting this
resolution be waived from the Planning Committee to the Council for immediate
action; and
Comm. 840.5 From Council Member Donald Ikeda, dated October 22, 2010, transmitting a letter
from the Planning Department regarding Resolution 352-10. States the Planning
Committee postponed this measure to February 2011 to enable the Planning
Department to meet with landowners regarding their concerns. Due to the Planning
Department’s progress, they are requesting that this measure be placed on the
th
Council’s November 4 agenda.
Res. 363-10: Recommends that the Department of Land and Natural Resources (DLNR) Disallow
the Collection of Reef Fish for Export in the Waters Surrounding the Island of
Hawai‘i. {Considers the collection of reef fish for export from Hawai‘i County’s
coastal waters to be inconsistent with proper environmental practice, and requests
that DLNR consider and concur with this position and that they disallow such action
from further occurrence.}
Re: Comm. 862
Intr. by: Mr. Greenwell
Negative: HSEDC-9 (due to a vote of 3-ayes; 5-noes;
1-absent)
Res. 397-10: Seeks Monetary Assistance in Combating and Controlling the Coffee Bean Borer.
{Strongly encourages all appropriate County, State, and Federal agencies, offices,
and departments to solicit funding from any and all sources, including the United
States Department of Agriculture Farm Bill, for assistance in combating and
controlling the coffee bean borer.}
Re: Comm. 962
Intr. by: Mr. Greenwell
Approve: HSEDC-8
Res. 398-10: 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
“Na‘auao - Where Knowledge is Learned” Program Grant for the Hawai‘i Police
Department. {Funds would be used to implement an intranet training module to
train officers in many required subjects, and would involve testing, re-testing if
required, storing training information, and tracking the training received by
officers.}
Re: Comm. 968
Intr. by: Mr. Onishi
Approve: FC-185
Hawai‘i County Council-51 Page 4 November 4, 2010
Res. 399-10: Authorizes the Department of Parks and Recreation to Expand ‘Alae Cemetery.
{The Windward Planning Commission held a public hearing on September 1, 2010
and voted to approve the Special Permit Application for the proposed expansion of
‘Alae Cemetery to develop, use, and maintain for cemetery purposes
(TMK:(3)2-6-012:048).}
Re: Comm. 969
Intr. by: Mr. Yagong
Approve: PSPRC-32
Res. 400-10: Supports the Hawaiian Islands Humpback Whale National Marine Sanctuary’s
Efforts to Critically Review Its Management Plan and Encourage the Inclusion of
Marine Life Other Than the Humpback Whale. {Encourages the sanctuary to make
very effort to engage in meaningful dialogue with the public to ensure that the
updated management plan is a product of collaboration and thoughtful
compromise.}
Re: Comm. 970
Intr. by: Mr. Hoffmann
Negative: EMC-15 (due to a vote of 3-ayes; 5-noes;
1-absent)
Res. 401-10: Authorizes the Mayor to Enter Into a Memorandum of Agreement with the State of
Hawai‘i Department of Health, Hawai‘i District Health Office (HDHO)for the
Purchase and Transfer of Three Vehicles. {Authorizes the Mayor to execute a
Memorandum of Agreement with the State Department of Health for the purchase
and transfer of three Ford F-250 pick-up trucks, purchased with 2008 Homeland
Security Grant funds by the County of Hawai‘i to HDHO.}
Re: Comm. 971
Intr. by: Mr. Onishi
Approve: FC-187
Res. 405-10 Authorizes the Exemption of Certain Hawai‘i County Code Requirements, Pursuant
(Draft 2): to Section 201H-38 of the Hawai‘i Revised Statutes for the Proposed Kamakana
Villages at Keahuolū Master-Planned Mixed-Use Affordable Housing Project.
{The Office of Housing and Community Development has been working in
consultation with Forest City and Hawai‘i Housing Finance and Development
Corporation to develop Kamakana Villages, on approximately 272.063 acres of land
at Keahuolū, North Kona, Hawai‘i, 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).}
Re: Comm. 977.4
Intr. by: Mr. Hoffmann
Postponed: October 20, 2010
Public Hearing: October 28, 2010
(Note: There is a pending motion by Mr. Hoffmann and duly seconded by
Mr. Greenwell to adopt Resolution 405-10, as amended.)
Hawai‘i County Council-51 Page 5 November 4, 2010
Res. 407-10: Authorizes the Temporary Closure of the Stub-Out at the End of Alohalani Drive
Where it Intersects with Kaunaloa Street, in the District of South Hilo, County and
State of Hawai‘i. {The stub-out at the end of Alohalani Drive shall be temporarily
closed until such time as the Council, by resolution, authorizes its reopening.
Recognizes the need to curtail acts of loitering, littering, and illegal consumption of
alcohol, and to promote a safer and cleaner community that can be fully enjoyed and
embraced by its residents.}
Re: Comm. 984
Intr. by: Mr. Yoshimoto
Waived: PWIRC
Res. 408-10: Accepts the Grant of Easement for Public Access Purposes from the Trustees of the
Parker Land Trust, Parker Ranch, Inc., and the Association of Ranch Home Owners
of Holoholo Ku at Parker Ranch. {Pending the dedication of the roadway to the
County, the owners of Tax Map Keys:(3)6-7-020:070, 069, and 001 are desirous of
granting a nonexclusive easement on and over the Connector Road Improvements
for public access purposes.}
Re: Comm. 985
Intr. by: Mr. Enriques
Waived: PWIRC
BILLS FOR ORDINANCES (FIRST READING)
Bill 204 Amends Section 25-8-33 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 2): 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
ND
Acres (FA-2a) at Kapalaalaea 2, North Kona, Hawai‘i, Covered by Tax Map Key:
7-7-007:047 (approx. 5.275 acres). {Charles G. Bockus, Applicant.}
Re: Comm. 689.3
Intr. by: Ms. Ford
Approve: PC-102
Bill 298: Amends Chapter 27, Article 2, and Article 4, of the Hawai‘i County Code 1983
(2005 Edition, As Amended), relating to Floodplain Management. {Proposes to
amend Sections 27-12, 27-17, 27-18, and 27-23 relating to the following:
Eliminates the Buffer zone; amends the definition “Substantial improvement,”
changing the ten-year recapture of past improvements back to the prior Code’s
three-year recapture; and amends the prohibition against filling in a Zone VE to just
structural fill.)
Re: Comm. 936
Intr. by: Mr. Onishi
Approved: PWIRC-98
Hawai‘i County Council-51 Page 6 November 4, 2010
Bill 307: Planning Director Initiated: Amends Chapter 25, Hawai‘i County Code 1983 (2005
Edition, as Amended) Relating to Processing Time for a Use Permit Application.
{Amendment proposes to increase the time period by which a public hearing before
the Planning Commission shall be conducted for a Use Permit application from its
current sixty days to ninety days.}
Re: Comm. 965
Intr. by: Mr. Ikeda
Approved: PC-101
Bill 308: 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. {Establishes
the following program appropriations: Roadway Projects (Engineering)
($1,800,000); Bridge Inspection, Repair, and Replacement Program (Engineering)
($900,000); Americans with Disabilities Act and Accessible Route Program
(Engineering) ($400,000); and Local Road Improvements (Highways) ($3,100,000),
for a total of $6,200,000; funds shall be provided from that portion of the Highway
Fund which is designated as the Fuel Tax Increase Account No. 3104.06, and which
consists of the increase fuel tax revenues created pursuant to Resolution No. 504-08.
Projected revenues are being allocated based on each district’s percent of miles of
local streets, for all roads maintained by the County (projects are listed in “Exhibit
A”).}
Re: Comm. 966
Intr. by: Mr. Onishi
Approved: FC-183
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
Bill 309: 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: Mid-Level Road (Ane Keohokalole Highway) - Private
($5,000,000); funds shall be provided from Private Contributions ($5,000,000).
These improvements only benefit the adjacent properties along the construction area
of Ane Keohokalole Highway and do not qualify for American Reinvestment and
Recovery Act (ARRA) funds and are referred to as non-participating work. The
property owners have agreed to pay for their share of non-participating work.}
Re: Comm. 967
Intr. by: Mr. Onishi
Approved: FC-184
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
Bill 310: 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 - Na‘auao - Where Knowledge is Learned ($145,457); appropriates
same to Na‘auao - Where Knowledge is Learned.}
Re: Comm. 968
Intr. by: Mr. Onishi
Approved: FC-186
Hawai‘i County Council-51 Page 7 November 4, 2010
Bill 311: Authorizes the Issuance of General Obligation Bonds of the County of Hawai‘i for
the Purpose of Funding All or a Portion of the Costs of Various Public Improvement
Projects; Fixing the Form, Denominations, and Certain Other Details of Such Bonds
and Providing for Their Sale to the Public; and Authorizing the Taking of Other
Actions Relating to the Issuance and Sale of the Bonds. {Principal amount not to
exceed $56,000,000. The projects include: Kawaihae Housing Closure
($1,000,000), Kaloko Housing Project ($4,000,000), Pool Drainage Covers
($500,000), Hawai‘i Paradise Park-New Park Development ($5,500,000),
Kikala-Keokea New Park Development ($100,000), North Kohala Recreational
Facilities Repair and Upgrade ($2,000,000), Banyan Beach Parking Lot ($300,000),
Kapiolani Street Extension ($8,700,000), Puna Makai Alternate Roadway
($500,000), La‘aloa Extension ($20,000,000), Energy Efficiency and Related
Maintenance Upgrades ($4,000,000), Waiohino Transfer Station ($8,800,000), and
Waimea Recycle and Transfer Station Garage ($100,000), for a total of
$55,000,000.}
Re: Comm. 972
Intr. by: Mr. Onishi
Approved: FC-188
Bill 315: 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. {Increases
PUBLIC WORKS: Ali‘i Drive Culvert Replacement [$500,000] $1,508,000; funds
shall be provided from General Obligation Bonds, Capital Projects Fund - Fund
Balance and/or other Sources ($1,008,000). Additional funds would be used for the
permitting, engineering design, and land acquisition for this project (a.k.a. Kahului
or Wai‘aha Drainageway.}
Re: Comm. 986
Intr. by: Mr. Onishi
Waived: FC
2/3 Vote: Section 47-5 Hawai‘i Revised Statutes
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 229: 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 – 7,500 Square Feet (RS-7.5) to
Multiple-Family Residential – 2,500 Square Feet (RM-2.5) at Waiākea, South Hilo,
Hawai‘i, Covered by Tax Map Key:2-4-028:009 (approx. 3.292 acres).
{Vincent Tai, Applicant.}
Re: Comm. 756
Intr. by: Mr. Ikeda
Postponed: April 20, 2010
st
1 Reading: October 20, 2010
Hawai‘i County Council-51 Page 8 November 4, 2010
Bill 301: 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 Agricultural – Three Acres (A-3a) to Family–Agricultural – One
Acre (FA-1a) at Waiākea, South Hilo, Hawai‘i, Covered by Tax Map
Key:2-4-032:012 (approx. 5.00 acres). {Kevin Ken Akiyama, Applicant.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: October 20, 2010
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 Waiākea, South Hilo, Hawai‘i, 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
st
1 Reading: 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: Honoka‘a 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
st
1 Reading: October 20, 2010
2/3 Vote: Section 10-6(d), Hawai‘i 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
st
1 Reading: October 20, 2010
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
Hawai‘i County Council-51 Page 9 November 4, 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 Pana‘ewa 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
st
1 Reading: October 20, 2010
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
REPORTS
REFERRALS FOR EXECUTIVE SESSION
Comm. 980: CLAIM AGAINST THE COUNTY OF HAWAI‘I/FARMERS INSURANCE RE:
ED BUYTEN
From Deputy Corporation Counsel Brooks Bancroft, dated October 14, 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 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.
Hawai‘i County Council-51 Page 10 November 4, 2010
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 Waimea Council Office at
the Holomua Center, 64-1067 Māmalahoa 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.
fourteen (14)
Submitting Testimony: Those submitting written testimony at the meeting should bring copies for
before 12:00 noon on the business day prior to the
distribution. Public testimony may also be submitted
meeting
:(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by
Please submit separate
facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@co.hawaii.hi.us.
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesdays, November 10 and 17, 2010, at 6 p.m.; Fridays, November 12 and 19, 2010, at 12 p.m.; and
Sundays, November 14 and 21, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the
State Legislature.
UPCOMING MEETINGS
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
MONDAY, DECEMBER 6, 2010
COUNCIL 9:00 A.M. (SINE DIE) COUNCIL ROOM - HILO
25 Aupuni Street
3:00 P.M. (COUNCIL NEW)
TUESDAY, DECEMBER 14, 2010
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, DECEMBER 15, 2010
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA