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HomeMy WebLinkAboutAGE COUNCIL 02/02/2011 2010-2012 ACTIONSDOMINIC YAGONG Chairperson and Presiding Officer PETE HOFFMANN Vice Chair 5' Session COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 ORDER OF BUSINESS Hawaii County Council 25 Aupum Street Hilo, Hawaii INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE Wednesday, February 2, 2011 9:00 a.m. FRED BLAS BRENDA FORD DONALD IKEDA DENNIS "FRESH" ONISHI K. ANGEL PILAGO BRITTANY SMART J YOSHIMOTO Reverend Richard Ragle of Hilo Church of the Nazarene 9:03 A.M. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council -5 Page 2 February 2, 2011 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 COMMUNICATIONS December 6, 2010 APPROVED Comm. 55: NOMINATION OF MR. RICHARD NELSON, III, TO THE LEEWARD PLANNING COMMISSION From Mayor Billy Kenoi, dated December 29, 2010, requesting the Council's review and favorable confirmation of the above nomination. Waived: PC APPROVED AYES: NOES: ABSENT: EXCUSED ORDER OF RESOLUTIONS Council Members Blas, Ford, Ikeda, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 8. None. Council Member Onishi — 1. None. Res. 29 -11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF MATERIALS FOR THE KAMAKANA CHILDREN'S PLAYGROUND IN HIGASHIHARA PARK, NORTH KONA FROM AN ANONYMOUS BENEFACTOR TO THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION An anonymous benefactor has made the following donations (estimated value $21,113.22): Pea gravel, fencing, irrigation valve box, soil, masonry blocks, paint supplies, hydraulic hose for the octopus, and other materials. Re: Comm. 65 Intr. by: Ms. Ford Waived: FC ADOPTED: AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Yagong — 1. EXCUSED: None. Hawaii County Council -5 Page 3 February 2, 2011 Res. 3 0 -11: AMENDS THE RULES OF PROCED URE AND ORGANIZATION OF THE CO UNCIL OF THE CO UNTY OF HAWAI I From Council Member Brenda J. Ford, dated January 18, 2011, transmitting a proposed amendment to Rule 10 (Voting) by adding: Members of boards and commissions duly appointed by the Mayor, as prescribed in Section 13 -4(b), Hawai`i County Charter, shall be voted on individually and not as a group or as a slate of members or nominees. Re: Comm. 66 Intr. by: Ms. Ford POSTPONED TO THE COUNCIL'S FEBRUARY 16 MEETING BILLS FOR ORDINANCES (FIRST READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 2: 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 Contribution from Private Source ($1,600) and appropriates same to the Police Administration Division —Other Current Expenses. Re: Comm. 16 Intr. by: Ms. Ford (B /R) First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Yagong — 1. EXCUSED: None. Hawaii County Council -5 Page 4 February 2, 2011 Bill 3: 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 RESIDENTIAL AND AGRICULTURAL — ONE ACRE (RA -IA) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: (3)2 -2- 051:015 Gerald Kodama Trust; Applicant; approx. 2.734 acres. Re: Comm. 25 Intr. by: Mr. Hoffmann First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Yagong — 1. EXCUSED: None. Bill 4: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KAHUKU, KA`U, HAWAII, COVERED BY TAX MAP KEY: (3)9 -2- 082:002 Pua Mauka Development, LLC; Applicant; approx. 3.183 acres. Re: Comm. 26 Intr. by: Mr. Hoffmann First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Yagong — 1. EXCUSED: None. Hawaii County Council -5 Page 5 February 2, 2011 Bill 5: AMENDS SECTION 25 -8 -28 (KA`U DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL — ONE ACRE (A -la) TO INDUSTRIAL- COMMERCIAL MIXED — 3 ACRES (MCX -3a) AT KAHUKU, KA`U, HAWAII, COVERED BY TAX MAP KEY: (3)9 -2- 082:002 Pua Mauka Development, LLC; Applicant; approx. 3.183 acres Re: Comm. 26 Intr. by: Mr. Hoffmann First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Yagong — 1. EXCUSED: None. Bill 6: 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 — 10,000 SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL — 20,000 SQURE FEET (CN -20) AT WAIAKEA, SOUTH HILO DISTRICT, HAWAII, COVERED BY TAX MAP KEY: (3)2 -2- 025:022 Concept Construction, Inc.; Applicant; approx. 5 square feet. Re: Comm. 27 Intr. by: Mr. Hoffmann First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Yagong — 1. EXCUSED: None. Hawaii County Council -5 Page 6 February 2, 2011 Bill 7: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION. AS AMENDED)_ RELATING TO VEHICLES AND TRAFFIC Amends Article 10, Division 2, Section 24 -264, Schedule 12 (Stop intersections, subsection (f) Kona, by adding: "Rock Bottom Road, both approaches to Middle Ke`ei Road." Re: Comm. 28 Intr. by: Mr. Blas First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Yagong — 1. EXCUSED: None. Bill 8: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Article 10, Division 4, Section 24 -276, Schedule 24 (Crosswalks), subsection (c) South Hilo, by adding: "Waianuenue Avenue, fronting the Yukio Okutsu Veterans Home." Re: Comm. 29 Intr. by: Mr. Blas First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Yagong — 1. EXCUSED: None. Hawaii County Council -5 Page 7 February 2, 2011 Bill 9: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Article 10, Division 5, Section 24 -280, Schedule 28 (No parking at anytime), subsection (f) Kona, by adding: "Haleki`i Street, both sides, from a point four hundred ten feet west of Mull Street and extending one hundred sixty feet in the westerly direction." Re: Comm. 30 Intr. by: Mr. Blas First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Yagong — 1. EXCUSED: None. Bill 10: 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 Grant — Department of Public Works Global Positioning System (GPS) Units ($20,350) to Department of Public Works GPS Units. Re: Comm. 31 Intr. by: Ms. Ford First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Yagong — 1. EXCUSED: None. Hawaii County Council -5 Page 8 February 2, 2011 Bill 11: 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 Grant — Prosecuting Attorney's Violence Against Women Training Project ($43,822) to Prosecuting Attorney's Violence Against Women Training Project. Re: Comm. 37 Intr. by: Ms. Ford (B /R) First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 12: AMENDS CHAPTER 14, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO OUTDOOR LIGHTING Amends Article 9, Section 14 -51(a) by adding the definitions of "Blue light content" and "Traffic color compliant'; and amends Section 14 -52, general requirements, by changing partially shielded lighting fixtures to fully shielded lighting fixtures and allowing Light Emitting Diode (LED) fixtures with less than 2% blue light content and traffic color compliant within 1,320 feet of signalized intersections or within 100 feet of marked crosswalks. Re: Comm. 38 Intr. by: Mr. Blas First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawaii County Council -5 Page 9 February 2, 2011 Bill 314: (2008 -2010) AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in State Grants — Domestic Violence Strategic Plan ($10,000); appropriates same to Domestic Violence Strategic Plan. Funds would be used by the Office of the Prosecuting Attorney to implement the "Navigating a Course for Peace, Domestic Violence Strategic Plan for 2007 - 2010" (additional grant monies would be used for activities in West Hawai`i). Re: Comm. 981 Intr. by: Mr. Onishi First Reading: January 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ikeda, Onishi, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Ford - 1. EXCUSED: None. Bill 321: AMENDS ORDINANCE NO. 10 -60, AS AMENDED, RELATING TO PUBLIC (2008 -2010) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 Adds Parks and Recreation: Hawaiian Paradise Park —New Park Development ($5,500,000) funds shall be provided from General Obligation Bonds, Capital Projects Fund —Fund Balance and/or Other Sources ($5,500,000). Funds would be used to plan, design, and construct a new County park site on a 20 -acre parcel to be dedicated to the County. Re: Comm. 998 Intr. by: Mr. Onishi First Reading: January 20, 2011 2/3 Vote: Section 10 -6(d), Hawai`i County Charter PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawaii County Council -5 Page 10 February 2, 2011 Bill 322: (2008 -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: Kapi`olam Street Extension (Mohouli Street to Lanikaula Street) [$600,000] ( $8,700,000 ) funds shall be provided from General Obligation Bonds, Capital Projects Fund —Fund Balance and/or Other Sources ($8,100,000). Funds would be used to cover the costs for engineering design, Right -of -Way acquisition, and construction for the Kapi`olam Street Extension project. Re: Comm. 999 Intr. by: Mr. Onishi First Reading: January 20, 2011 2/3 Vote: Section 10 -6(d), Hawai`i County Charter PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 9. NOES: None. ABSENT: None. EXCUSED: None. (For informational purposes, Ms. Ford voted "kanalua" twice.) Bill 323: AMENDS ORDINANCE NO. 10 -60, AS AMENDED, RELATING TO PUBLIC (2008 -2010) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 Adds Parks and Recreation: North Kohala Recreational Facility Repairs and Upgrades ($2,000,000) funds shall be provided from General Obligation Bonds, Capital Projects Fund —Fund Balance and/or Other Sources ($2,000,000). Funds would be used for repairs and upgrades to the facilities at Ke6kea Beach Park, the design and construction to replace the condemned grandstand structure at Kamehameha Park (with a new covered spectator area serving the primary ball fields), and for additional repair and upgrade efforts required at numerous recreational facilities in the district. Re: Comm. 1000 Intr. by: Mr. Onishi First Reading: January 20, 2011 2/3 Vote: Section 10 -6(d), Hawai`i County Charter PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawaii County Council -5 Page 11 February 2, 2011 Bill 324: (2008 -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 Environmental Management: Kailua Recycling and Transfer Station Repairs and Enhancements -Fair Share ($250,000) funds shall be provided from Fair Share Contributions (Fund Balance— Designated) ($250,000). Funds would be used to improve the existing vehicle circulation at the recycle area by paving it with asphalt- concrete pavement, install new retaining walls to provide easy recessed access to the recycling bins, and install a concrete pad for the community reuse facility. Re: Comm. 1001 Intr. by: Mr. Onishi First Reading: January 20, 2011 2/3 Vote: Section 10 -6(d), Hawai`i County Charter NOES: None. ABSENT: None. EXCUSED: None. PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 9. Bill 325: AMENDS ORDINANCE NO. 10 -60, AS AMENDED, RELATING TO PUBLIC (2008 -2010) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011 Adds Parks and Recreation: Kikala - Ke6kea New Park Development ($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 to foster a collaborative effort with residents of the Kikala- Ke6kea subdivision to develop a new public park in the Kalapana area. The project proposes to establish water service to the site via the County's water system; and develop basic infrastructure, basic landscaping materials, and park amenities to support community use. Re: Comm. 1002 Intr. by: Mr. Onishi First Reading: January 20, 2011 2/3 Vote: Section 10 -6(d), Hawai`i County Charter PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawaii County Council -5 Page 12 February 2, 2011 REPORTS Financial Reports: Monthly Budget Status Reports for the Months Ended August 31, 2010; September 30, ACCEPTED AYES: NOES: ABSENT: EXCUSED: 2010; and October 31, 2010, from the Department of Finance. Council Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 9. None. None. None. REFERRALS FOR EXECUTIVE SESSION Comm. 53: REQUESTS DISCUSSION WITH CORPORATION COUNSEL AND THE HAWAII COUNTY POLICE CHIEF REGARDING THE GATED COMMUNITIES POLICY CHANGE From Vice Chair Pete Hoffmann, dated January 5, 2011, requesting a discussion among the Council, Corporation Counsel, and the Police Chief regarding the change in the Police Department's policy regarding security codes and keys to access gated communities. Postponed: January 20, 2011 CLOSE FILE: AYES: Council Members Blas, Ford, Ikeda, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Onishi - 1. EXCUSED: None. Comm. 69: ISLAND INSURANCE COMPANY, LIMITED, ET AL., V. COUNTY OF HAWAII, ET AL. CIVIL NO. 10- 1 -046K From Deputy Corporation Counsel Brooks L. Bancroft, dated January 18, 2011. CONCURRED WITH THE RECOMMENDATION OF COPORATION COUNSEL AYES: Council Members Blas, Ford, Ikeda, Pilago, Smart, Yagong, Yoshimoto, and Acting Chr. Hoffmann — 8. NOES: None. ABSENT: Council Member Onishi - 1. EXCUSED: None. Hawaii County Council -5 Page 13 February 2, 2011 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 11:30 A.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 January 31, 2011. 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. Public Attendance Via Videoconference is available at the following locations until 4:30 p.m., or later in the event public witness testimony has not been completed: Kona Council Office, Kailua Trade Center, 75 -5706 Hanama Place, Suite 109, Kailua -Kona; and Waimea Council Office at the Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5. If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. 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, February 9 th and 16 at 6 p.m.; Fridays, February l P h and 18 at 12 p.m.; and Sundays, February 13 and 20 at 9 a.m. (These airtimes are subject to preemption by broadcasts from the State Legislature.) Hawaii County Council -5 Page 14 UPCOMING MEETINGS TUESDAY, FEBRUARY 15, 2011 COMMITTEES TBA WEDNESDAY, FEBRUARY 16, 2011 COUNCIL 9:00 A.M. TUESDAY, MARCH 1, 2011 COMMITTEES TBA WEDNESDAY, MARCH 2, 2011 COUNCIL 9:00 A.M. February 2, 2011 WEST HAWAI'l run COUNCIL ROOM - HILO 25 Aupuni Street WEST HAWAI'l run COUNCIL ROOM - HILO 25 Aupuni Street