HomeMy WebLinkAboutAGE COUNCIL 11/17/2010 2008-2010 ACTIONS
J YOSHIMOTO GUY ENRIQUES
BRENDA FORD
Chair & Presiding Officer
KELLY GREENWELL
EMILY I. NAEOLE PETE HOFFMANN
DONALD IKEDA
Vice Chair
DENNIS “FRESH” ONISHI
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
ORDER OF BUSINESS
Hawai‘i County Council
Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawai‘i
Wednesday, November 17, 2010
9:00 a.m.
INVOCATION Pastor Monty Stewart of Kona Church of the Nazarene
CALL TO ORDER 9:08 a.m.
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-52 Page 2 November 17, 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 October 20, 2010
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell,
Ikeda, Naeole, Yagong, and Chair Yoshimoto –
7.
NOES: None.
ABSENT: Council Members Hoffmann and Onishi – 2
.
EXCUSED: None.
COMMUNICATIONS
Comm. 983.1:
PROPOSED 2011 HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC)
LEGISLATIVE PACKAGE
From Council Chair J Yoshimoto, dated November 4, 2010, requesting
Council’s approval of HSAC’s 2011 Legislative Package. The proposal relates
to resolutions urging the Governor and Legislature of the State of Hawai‘i to
preserve the counties’ share of the Transient Accommodations Tax.
Waived: PWIRC
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole, Yagong,
and Chair Yoshimoto – 7.
NOES: None.
ABSENT: Council Members Hoffmann and Onishi – 2.
EXCUSED: None.
Comm. 1011:
DONATION TO THE DEPARTMENT OF PARKS AND RECREATION BY
MS. TOBY S. HAZEL
From Finance Director Nancy E. Crawford, dated October 28, 2010, requesting
the acceptance of the following items: Entertainment center for use at the Pāhoa
Senior Center; and 11-foot offset umbrella and barbeque grill for island-wide
use.
Waived: FC
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole, Yagong,
and Chair Yoshimoto – 7.
NOES: None.
ABSENT: Council Members Hoffmann and Onishi – 2.
EXCUSED: None.
ORDER OF RESOLUTIONS
Hawai‘i County Council-52 Page 3 November 17, 2010
Res. 292-10: Grants Peter J. Piper Application for a Variance from Chapter 3, Section 3-58(c)
and 3-59(a)(4) of Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating
to the Sign Code. {Variance would allow the erection of one wall sign and one
marquee sign measuring 15.5 square feet for Humpy’s Big Island Alehouse, for
installation at 75-5815 Ali‘i Drive.}
Re: Comm. 670
Intr. by: Mr. Enriques
Waived: PWIRC
Postponed: February 18, 2010
RESOLUTION 292-10 WITHDRAWN BY INTRODUCER.
(Note: There is a pending motion by Mr. Enriques and duly seconded by
Ms. Naeole to adopt Resolution 292-10.)
; and
Comm. 670.2: From Council Member Guy Enriques, dated November 8, 2010, stating that the
applicant for this sign variance would like to withdraw his application.
Res. 405-10 Authorizes the Exemption of Certain Hawai‘i County Code Requirements, Pursuant
(Draft 3): 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. 977.16
Intr. by: Mr. Hoffmann
Postponed: October 20, 2010
Public Hearing: October 28, 2010
Held Over Pursuant
:November 4, 2010
to Council Rule 24(e)
ADOPTED:
AYES: Council Members Enriques, Greenwell, Ikeda, Naeole, Onishi,
Yagong, and Chair Yoshimoto – 7.
NOES: Council Member Ford - 1.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
(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-52 Page 4 November 17, 2010
Res. 410-10: Authorizes the County of Hawai‘i to Enter into a Multi-Year License Agreement of
Real Property for the Continued Use of a Public Safety Radio Tower Situated on a
Portion of State of Hawai‘i Department of Hawaiian Homes Lands in Humu‘ula,
North Hilo, Hawai‘i, Tax Map Keys:(3)3-8-001-007 and 015. {Authorizes the
Mayor to enter into a twenty-one year license agreement, commencing retroactively
as of August 1, 2008 and terminating on July 31, 2029, for the continued operations
and maintenance of its voice, data and control communications mobile radio relay
antennae facility located on the property owned by the State of Hawai‘i Department
of Hawaiian Home Lands.}
Re: Comm. 994
Intr. by: Mr. Onishi
Waived: FC
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto – 8.
NOES: None.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
Res. 412-10: Encourages the Public Utilities Commission (PUC) to Initiate Neighbor Island
Public Hearings Regarding Approval of Pasha Hawai‘i Transport Lines as a
Hawai‘i Water Carrier. {Recognizing the potential effects on our agricultural
future and community as a whole, encourages the PUC to hold neighbor island
public hearings to gather information that may compel it to reconsider its
decision to add an alternate cargo carrier company.}
Re: Comm. 1012
Intr. by: Mr. Greenwell
Waived: PWIRC
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole, Onishi,
Yagong, and Chair Yoshimoto – 8.
NOES: None.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
Hawai‘i County Council-52 Page 5 November 17, 2010
BILLS FOR ORDINANCES (FIRST READING)
Bill 54 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 4): Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District
Classification from Limited Industrial – 1 Acre (ML-1a) to Industrial-Commercial
Mixed – 1 Acre (MCX-1a) at Kaloko, North Kona, Hawai‘i, Covered by Tax Map
Key: 7-3-051:065 (approx. 59,669 square feet). {William and Dixie Minson,
Applicants.}
Re: Comm. 207.9
Intr. by: Mr. Greenwell
Approve: PC-37/PC-37A
Deferred: July 22, 2009
Postponed: August 5 and 19, and October 21, 2009
AMENDED TO DRAFT 5; AND PASSED FIRST READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto – 8.
NOES: None.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
(Note: There is a pending motion by Ms. Naeole and duly seconded by
Mr. Onishi to approve Bill 54, Draft 4.)
; and
Comm. 207.10: From Council Member Donald Ikeda, dated July 20, 2009, transmitting a proposed
amendment to Bill 54, Draft 4; and
Comm. 207.11: From Applicant William Minson, dated August 5, 2009, submitting photographs of
the driveway to Fites Furniture and Solid Rock Ministries; and
Comm. 207.12: Copy of an e-mail from Applicants Willie and Dixie Minson, dated August 13,
2009, requesting that Bill 54, Draft 4, be postponed to the October 21, 2009,
Council meeting with the hope of resolving “Condition G” with the Public Works
Department; and
Comm. 207.14: From Council Member Kelly Greenwell, dated November 3, 2010, stating that the
petitioner (Willie and Dixie Minson) would like to proceed with their bill, and have
submitted two photographs and a plan relating to Condition G.
Hawai‘i County Council-52 Page 6 November 17, 2010
Bill 230: 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. by: Mr. Onishi
Approve: FC-167
Postponed: May 19, September 21, and
October 20, 2010
FILED DUE TO THE FOLLOWING VOTE:
AYES: Council Members Ford and Yagong – 2.
NOES: Council Members Enriques, Greenwell, Ikeda, Naeole,
and Onishi – 5.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: Chair Yoshimoto - 1.
(Note: There is a pending motion by Mr. Onishi and duly seconded by
Ms. Naeole to approve Bill 230.)
ORDER OF THE DAY (SECOND OR FINAL 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
st
1 Reading: November 4, 2010
nd
PASSED 2 and FINAL READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto – 8.
NOES: None.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
Hawai‘i County Council-52 Page 7 November 17, 2010
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
st
1 Reading: November 4, 2010
nd
PASSED 2 and FINAL READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto – 8.
NOES: None.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
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
st
1 Reading: November 4, 2010
nd
PASSED 2 and FINAL READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto – 8.
NOES: None.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
Hawai‘i County Council-52 Page 8 November 17, 2010
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
st
1 Reading: November 4, 2010
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
nd
PASSED 2 and FINAL READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto – 8.
NOES: None.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
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
st
1 Reading: November 4, 2010
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
nd
PASSED 2 and FINAL READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto – 8.
NOES: None.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
Hawai‘i County Council-52 Page 9 November 17, 2010
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
st
1 Reading: November 4, 2010
nd
PASSED 2 and FINAL READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto – 8.
NOES: None.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
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), Wai‘ōhinu 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
st
1 Reading: November 4, 2010
nd
PASSED 2 and FINAL READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole,
Onishi, and Yagong - 7.
NOES: Chair Yoshimoto - 1.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
Hawai‘i County Council-52 Page 10 November 17, 2010
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
st
1 Reading: November 4, 2010
2/3 Vote: Section 47-5 Hawai‘i Revised Statutes
nd
PASSED 2 and FINAL READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole,
Onishi, and Chair Yoshimoto – 7.
NOES: None.
ABSENT: Council Members Hoffmann and Yagong – 2.
EXCUSED: None.
REPORTS
REFERRALS FOR EXECUTIVE SESSION
Comm. 932.1: VANESSA HALDEMAN, ET AL. V. RUTH GOLDEN, ET AL.,
CV NO. 05-00810 DAE/KSE
From Deputy Corporation Counsel Joseph K. Kamelamela, dated November 1,
2010.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
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.
Hawai‘i County Council-52 Page 11 November 17, 2010
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
Comm. 944.1: From Council Member Donald Ikeda, dated November 10, 2010, requesting
reconsideration of Bill 301, which passed second and final reading at the Council’s
th
November 4 meeting (by a vote of 6-ayes, 1-no, and 2-absent). States the purpose
of his request is to amend this bill, solely to rectify formatting and other clerical
errors; and
Comm. 944.2: From Council Member Donald Ikeda, dated November 10, 2010, transmitting
proposed amendments to Bill 301 relating to Condition M (rectifies an omission and
two typographical errors).
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
nd
2 Reading: November 4, 2010
ND
AMENDED TO DRAFT 2 & PASSED 2& FINAL READING:
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto – 8.
NOES: None.
ABSENT: Council Member Hoffmann – 1.
EXCUSED: None.
(Note: Pursuant to Hawai‘i Revised Statutes, Section 92, notice is hereby given that
if the motion to reconsider Bill 301 is approved, a re-vote will be taken on Bill 301 at
this meeting. If reconsideration of Bill 301 is approved, there will be a pending
motion on the floor by Mr. Ikeda and duly seconded by Ms. Naeole to approve
Bill 301.)
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 November 15, 2010. Relay users please call 711(961-8255) to contact our
office.
Hawai‘i County Council-52 Page 12 November 17, 2010
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 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 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 24 and December 1, 2010, at 6 p.m.; Fridays, November 26 and December 3, 2010, at
12 p.m.; and Sundays, November 28 and December 5, 2010, at 9 a.m. These airtimes are subject to preemption
by broadcasts from the State Legislature.
UPCOMING MEETINGS
MONDAY, DECEMBER 6, 2010
COUNCIL 9:00 A.M. (SINE DIE) COUNCIL ROOM - HILO
25 Aupuni Street
3:00 P.M. (COUNCIL NEW)
WEDNESDAY, DECEMBER 15, 2010
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA