HomeMy WebLinkAboutDIG First Reading 1-007 (2019-03-28) 2018-2020 Bill Nos. 23 (Draft 2), 33, 38 (Draft 2),39, 40, 41, 42, 43, 44, 45, and 46
I hereby certify that the following Bills passed first reading at the meeting of the Hawai`i County
Council on March 28, 2019, by vote as listed below:
Bill 23 (Draft 2): Amends: (1) Ordinance No. 09-049, Which Amended Ordinance No. 95-118,
Which Amended Ordinance No. 92-036, Which Reclassified Lands from Unplanned (U) and Double-
Family Residential-3,750 Square Feet(RD-3.75)to Multiple Family Residential-2,500 Square Feet
(RM-2.5) and Village Commercial 7,500 Square Feet (CV-7.5), Respectively, at Hienaloli 4th and 5th,
North Kona, Hawai`i, TMK: 7-5-010: Portion of 013 (Formerly 7-5-023:063); and (2) Ordinance
No. 09-050, Which Amended Ordinance No. 06-138, Which Amended Ordinance No. 90-010, Which
Amended Ordinance No. 86-049, Which Reclassified Lands from Multiple Family Residential-
2,000 Square Feet(RM-2) to Village Commercial-7,500 Square Feet (CV-7.5) at Hienaloli 5th and
6th,North Kona, Hawai`i, TMK: 7-5-010: Portion of 013 (Formerly 7-5-023:064 and 067) (Applicant:
T & M Properties, LLC (formerly Samson, LLC) (Area: approx. 6.467 Acres). Requests a five-year
time extension to Condition C (Complete Construction), and to amend Conditions D (Dedicate Road
Widening Strip), and N (Fair Share Contribution)to allow the applicant to develop a 104-unit senior
independent living community. Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas, and Chair Chung-8;Noes: None; Absent: Council
Member Poindexter- 1; Excused: None.
Bill 33: Amends Ordinance No. 06-107, 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, Hawai`i, Covered by TMK: 2-2-034:012 (Applicant: Makalika 521, LLC) (Area: 20,000
Square Feet). Allows five-year time extensions to Condition B (Time to Complete Conversion),
Condition D (Future Road Widening), and Condition E (Off-site Infrastructure Improvements)to
construct a new commercial structure intended for office and small retail types of uses. Ayes:
Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting
Chair Eoff-7;Noes: None; Absent: Council Members Chung and Poindexter-2; Excused: None.
Bill 38 (Draft 2): Amends Chapter 24, Article 10, Division 1, of the Hawai`i County Code 1983
(2016 Edition, as Amended), Relating to Speed Limits. Amends Section 24-257, Schedule 5 (35 mile
per hour limit), Subsection(c), South Hilo, by revising an existing listing for a portion of
Kukuau Street. Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Acting Chair Eoff- 8;Noes: None; Absent: Council Member Poindexter- 1;
Excused: None.
Bill 39: Amends Chapter 24, Article 10, Division 1, of the Hawai`i County Code 1983 (2016 Edition,
as Amended), Relating to Speed Limits. Amends Section 24-256, Schedule 4 (30 mile per hour limit),
Subsection(c), South Hilo, by adding a new listing for a portion of Kukuau Street. Ayes: Council
Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting
Chair Eoff-8; Noes: None; Absent: Council Member Poindexter- 1; Excused: None.
Bill 40: Designates TMK: 6-8-041:008 as the"Kamakoa Nui Park" Pursuant to Chapter 15,
Article 8, Section 15-67 of the Hawai`i County Code 1983 (2016 Edition, as Amended); Amends
Section 15-68.1 to Add the "Kamakoa Nui Park"to the Parks and Recreational Facility Schedule; and
Amends Chapter 14, Article 1, Section 14-1, Relating to Prohibiting the Possession or Consumption of
Intoxicating Liquors at All Times. Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8;Noes: None; Absent: Council
Member Poindexter— 1; Excused: None.
County for Bill 41: Amends Ordinance No. 18-68, as Amended, the Operating Budget they of Hawaii
for the Fiscal Year Ending June 30, 2019. Appropriates revenues in the Short Term Vacation Rental
Registration Fees account($800,000); and appropriates the same to the Short Term Vacation Rental
Enforcement account. Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Richards, Villegas, and Acting Chair Eoff—8; Noes: None; Absent: Council Member
Poindexter— 1; Excused: None.
Bill 42: Amends Ordinance No. 18-69, as Amended, Relating to Public Improvements and Financing
Thereof for the Fiscal Year July 1, 2018 to June 30, 2019. Increases the Office of Management
Village 9 Homeless and Affordable Rental Project by$20,000, for a total appropriation of$204,000.
Funds shall be provided from State Grants Receivable. Ayes: Council Members Chung, David,
Kierkiewicz, Richards, Villegas, and Acting Chair Eoff—6;Noes: None; Absent: Council Members
Kaneali`i-Kleinfelder, Lee Loy, and Poindexter—3; Excused: None.
Bill 43: Amends Ordinance No. 17-48, Which Authorized the Mayor to Enter Into an
Intergovernmental Agreement for a State Water Pollution Control Revolving Fund Loan for Solid
Waste Improvement Projects and Authorized the Issuance of General Obligation Bonds for the
Purpose of Financing the South Hilo Sanitary Landfill Final Closure Project. Increases the original
bond issuance from $20 million to $24 million. Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8;Noes:
None; Absent: Council Member Poindexter— 1; Excused: None.
Bill 44: Amends Ordinance No. 18-69, as Amended, Relating to Public Improvements and Financing
Thereof for the Fiscal Year July 1, 2018 to June 30, 2019. Increases the Environmental Management
South Hilo Sanitary Landfill Closure—State Revolving Fund project by $3 million, for a total
appropriation of$23 million. Funds for this project shall be provided from State Revolving Funds.
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards,
Villegas, and Acting Chair Eoff— 8;Noes: None; Absent: Council Member Poindexter— 1; Excused:
None.
Bill 45: Amends Ordinance No. 18-68, as Amended,the Operating Budget for the County of Hawai`i
for the Fiscal Year Ending June 30, 2019. Appropriates revenues in the Hawai`i Island Bikeshare
System- Federal account($120,000); and appropriates the same to the Hawaii Island Bikeshare
System—Federal account. Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8;Noes: None; Absent: Council
— 1; Excused: None.
Member Poindexter
Bill 46: Amends Ordinance No. 18-69, as Amended, Relating to Public Improvements and Financing
Thereof for the Fiscal Year July 1, 2018 to June 30, 2019. Adds the Public Works Highway 132 Road
Restoration project to the Capital Budget: Federal Highway Administration($40 million) and County
($10 million), for a total appropriation of$50 million. Funds for this project shall be provided from
Federal Grants Receivable ($40 million) and General Obligation Bonds, Capital Projects Fund—Fund
Balance and/or Other Sources ($10 million). Ayes: Council Members Chung, David,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards,Villegas, and Acting Chair Eoff—8;Noes:
None; Absent: Council Member Poindexter— 1; Excused: None.
Jon Henricks
COUNTY CLERK
(Hawai`i Tribune Herald—April 6, 2019)
(West Hawai`i Today—April 6, 2019)
Hawai`i County is an Equal Opportunity Provider and Employer.
AFFIDAVIT OF PUBLICATION
IN THE MATTER OF }
Bill Nos.23(Draft 2),33,38(Draft 2),39,40, }
41,42,43,44,45,and 46 }
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STATE OF HAWAII
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City and County of Honolulu
Doc. Date: APR - 8 2019 # Pages: 1
Notary Name: Patricia K. Reese First Judicial Circuit
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Doc. Description: Affidavit of •� �P .K..
Publication
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Q.• N PTARY
a---,ta) APR - 8 2019 =it PUBLIC
• No. 86-467
Not. Signature Date
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Gwyn Pang being duly sworn,deposes and says that she is a clerk,duly authoii d/tot t,
execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu
Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii
Tribune-Herald,that said newspapers are newspapers of general circulation in the State
of Hawaii,and that the attached notice is true notice as was published in the
Honolulu Star-Advertiser 0 times on:
MidWeek 0 times on:
The Garden Island 0 times on:
Hawaii Tribune-Herald 1 times on:
04/06/2019
West Hawaii Today 0 times on:
Other Publications: 0 times on: G� K• R l
ss.
And that affiant is not a party to or in any way interested in the above entitled matter.
.:Qom' NPTARY
PUBLIC =
Gwyn Pang
86-467 -
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Subscribed to and o, before me is'b day f A.D.20 '?
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Patrici. 'eese,Notary Pub c of the i t Judicial Circuit,State of Hawaii
My co • ssion expires:Oc 07,202
Ad# 0001188110 SP.NO.: L.N.
hi+ ,38(Malt_),, ,40 ! Bill 41:/Amends Ordinance No.18-68,as Amended,
'�.42,48,44,480antili°. '" theBudget
for the of Hawaii for the
Plical Year June 302019, Appropriates
d
h certify the a.te;foiiawlog Bills pasoed-first revenues •m. the Short, 'tens`Vacation Rental
reading at the Mee*of the Hawai'[,County Council Registration Fees account ($800,000); and
on March 28,.2 9,try yott as listed teieae appropriates the sane to the Short Term Vacation
Rental Enforcement account Ayes: Council Members
Bill 23 (, 24:- (1)Ordinance No.09- Chung, David, l'i-Kleinfeider, Kierklewicz,
049,Which, , Ordinance No.95-118,Which
Amended - �, Lee Loy,Richards,Villegas,and Acting Chair Eoff-8;
92-036,Which RedassMed Noes: None;Absent Council Member Poindexter-1;
Lands from.,;4 , , (U) and Double-Family Excused: None.
Residential
Feet(RD-3.75)to Multiple
Fit Redd ei 2,600 Square Feet(RM-2.5)and BM 42: Amends OndirliNaare'No.18.69,as Amended,
wage coMMO, 7,500 Square 7.8), Relating to Public Improvements and Finales Thereof
ilmPoctlyali,* Holfft=Kona,: for the Fiscal Year July 1,2018 to June 30,2019. "°,
Hawa n TMIL t P 'of 413 1L5- Increases the Office of Management Village 9
•
P
Andallitit ,,.a50 06.138, Which 0-9-06o
t d a�'4 n $shall b,
,0�Nd E:
AFFIDAVIT OF PUBLICATION
IN THE MATTER OF I
Bill Nos.23(Draft 2),33,38(Draft 2),39,40,41,42,43,44,45,and 46 }
}
}
}
}
}
STATE OF HAWAII }
}SS.
City and County of Honolulu }
Doc. Date: APR - 8 2019 # Pages: 1
Notary Name: Patricia K. Reese ,.>fi ``mukiciaf(3ircuit
C
Affidavit of %•,,�'. �<<`
Doc. Description:
Publication Q� NfTARY -
d PUBLIC ;
y,�.r�., APR - 8 2019 No. 86-467
•ary Signatur Date `
Gwyn Pang being duly sworn,deposes and says that she is a clerk,duly authorized to
execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu
Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii
Tribune-Herald,that said newspapers are newspapers of general circulation in the State
of Hawaii,and that the attached notice is true notice as was published in the
Honolulu Star-Advertiser 0 times on:
MidWeek 0 times on:
The Garden Island 0 times on:
Hawaii Tribune-Herald 0 times on:
West Hawaii Today 1 times on:
04/06/2019
Other Publications: 0 times on:
And that affiant is not a party to or in any way interested in the above entitled matter. o'\r....AN K.
.'1-44rt"- gal ..-'cr..---" ...-.. <\ --
41- N PTARY
Gwyn Pang 4 • , -
F-A-^ PUBLIC
Subscribed to. s sworn before me this i day of A.D.20
_ai, _______ No. 86-467
P. ricia Reese,Not Pu, .of the First Judicial Circuit,State of Hawaii ,`',9 OF�P,,
y c, mission ex . s:Oct s ,2022
Ad# 0001188223 S P.N O.: L.N.
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BIN Nee.23(Draft 2),33,38(Draft 2),39,40, BM 41: Amends Ordinance No.18-68,as Amended,
41,42,118,444,45,and4$, I the Operating Budget for the County of Hawaii for the
Fiscal Year Ending June 30, 2019. Appropriates
I hereby Certify that the:following Bills R-, 4 *St revenues in'the Short Term Vacation Rental
u
reading at the ng of the Haviari'Maft Council` Registration Fees account ($800,000); and
on March 28,2019,by vote as listed below: appropriates the same to the Short Term Vacation
Rental Enforcement account Ayes: Council Members
Bill 23 (Draft 2): Amends:(1)Ordinance No.09- Chung, David, Kanealii-Kleinfelder, Kieddewicz,
049,Which Amended Ordinance No.95-118,Which 1 Lee Loy,Richards,Villages,and Acting Chair Eoff-8;
Amended Ordinance No.92-036,Which Reclassified Noes: None;Absent Council Member Poindexter-1;
Lands from Unplanned (U). and Double-Family. Excused: None.
Residential 3,750 Square Peet(RD-3.75)toMiiltiple"
Family Residential-2,500 Square Feet(RM-2.5)and Bill 42: Amends Ordinance.No.18-69,as Amended,
Village Commercial 7,500 Square Feet (CV-7.5), Relating to Public improvements and Financing Thereof
Respectively, at Hienaloii 4th and 5th, North Kona, for the Fiscal Year July 1,2018 to June 30,2019.
Hawaii,TMK: 7-5-010:Portion of 013(Formerly 7-5- Increases the Office of Management Village 9
021063); and (2) Ordinance No. 09.050, Which Homeless and Affordable Rental Project by$20,000,
Amended Ordinance No. 06138, Who Amended for a total appropriation of$204,000. Funds shall be
Ordinance No.90-010,Which Amended Ordinance No. providedfrom State Grants Receivable. Ayes: Council
86-049, Which Reclassified Lands trot' Multiple Members Chung,Davin,Kfeakiewlsi,.Rldha Villegaa,
Family Residential - 2,000 Square Feet (RM-2) to and Actlirg Chair Eoff 6; Noes:. Nonb Absent
Village Commercial 7,500 Square Feet(OV-7.5)at Council Mobbed KaneeWi-Klelnfelder, lee Lwand;
Hienaloli 5th and 6th,North Kona,Hawaii,TMK: 7-5- Prodexter-3;Wised:Amin. °";.
010:Portion of 013(Formerly 7-5-023:064 and 067)
(Applicant: T&"M'Properties,LLC(formerly Samson, 0W 43: •Aniends Ordinance•No. 17-48, Which,
LLC)(Area: approx. 6.467 Acres). Requests a fire-I Authorized the Mayor to Enter .,into an,
year time extension to Condition C (Complete 1 intergovernmental Agreement for,a. Ste Water 1
Construction), and to amend Conditions D(Dedicate 1 Pollution Control Revolving Fund Loan for Solid Waste
Road Widening Strip),and N(Fair Share Contribution)' Improvement Projects and Authorized the Issuance of
to allow the applicant to develop a 104-unit senior General Obligation Bonds for the Purpose of Financing
independent living community. Ayes: Council the South Hilo Sanitary Landfill Final Closure Project.
Members David,Eoff,Kaneali'i-Kleinfeider,Kieridewicz, Increases the original bond issuance from$20 million
Lee Loy, Richards; Villegas, and Chair Chung - 8; to$24 million. Ayes: Council Members Chung,David,
Noes: None;Absent Council Member Poindexter-1; Kaneali'i-Kleinfelder, Kieridewicz, Lee Loy, Richards;
Excused: None. Villegas, and Acting Chair Eoff- 8; Noes: None;
Absent Council,Member Poindexter - 1; Excused:
BM 33: Amends Ordinance No. 06-107, Which None.
Reclassified Lands from Single Family Residential
10,000 Square Feet (RS-10) to Neighborhood Bill 44: Amends Ordinance No.18-69,as Amended,
Commercial - 20,000 Square Feet (CN-20) at Relating to Public Improvements and Financing Thereof
Warakea,South Hilo,Hawaii,Covered by TMK: 2-2- for the Fiscal Year July 1,2018 to June 30,2019.
034:012 (Applicant Makalika 521, LLC) (Area:': Increases the Environmental Management South Hilo
20,000 Square Feet). Allows five-year time extensions Sanitary Landfill Closure - State Revolving Fund
to Condition B (Time' to Complete Conversion)i project by$3 million,for a total appropriation of$23
Condition D(Future Road Widening),and Condition V million. Funds for this project shall be provided from
(Off-site Infrastructure improvemeats) to,constnrct a State Revoking Funds. Ayes: Council Members
new commercial structure intended for office andsrnall: Chung, David, Kaneai'i-Kleinfelder, Kierkiewicz,
retail types of uses. Ayes: Council Members-David, Lee Loy,Richards,Villegas,and Acting Chair Eoff-8;
Kaneali'i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Noes: Nope;Absent: Council Member Poindexter 1;
Alleges, and Acting Chair Eoff' 7; Noes None gscrsad:.Mone.
Absent Council Members Chung and Poindexter 2;
Excused: None. D 45:'
9 Amends.Ordinance No.18-68,as Amended,
Vie Operating Budget for the County of Hawaii for the
Bill 38 (Draft 2):"Amends Chapter 24,Article 10, Finset.Year
Farling June 30, 2019. Appropriates
' Division 1,of the Hawaii County Code 1983(2016 revenues in the:Hawaii Island Bikeshare System
Edition, as Amended), Relating to Speed Limits. Federal account ($120,000); and appropriates the
Amends Section 24-257, Schedule 5 (35 mile per same to the-Maven Island Bikeshare System-Federal
hour limit),Subsection(c),.South Hilo,by revising an account. Ayes: Council Members Chung, David,
existing listing for a portion of Kukuau Street. Ayes: Kaneali'i-Kleinfelder, Kieddewicz, Lee Loy, Richards,
Council Members Chung,David,Kaneali'i-Kleinffelder,; Villegas, and Acting.Chair Eoff - 8; Noes: None;
Kieridewicz, Lee Loy, Richards, Villegas, and Acting Absent Council Member Poindexter - 1; Excused:
Chair Eoff-8;Noes: None;Absent Council Member None.
Poindexter 1;Excused: Ndne. '
BM 46: Amends Ordinance No.18-69,as Amended,
BIN 39:Amends Chapter 24,Article.10,Division 1,of Relating to Public Improvements and Financing Thereof
ata.,Ha*sli,County Cede 1985 (2016 Win,.alt for the,Fiscal Year July 1,2018 to June 30,2019.
Arm #ed),Relating to Speed Limits. Amends Section Adds the Public Works Highway 132 Road Restoration
24.256, Schedule 4 (30 mile no; hour.salt), project to the Capital Budget Federal Highway
Subsection(c),South link by'adding a new listing fol Administration($40 million)and County($10 million),
a;portion of Kukuau Street. Ayes: Council Members for a total appropriation of$50 million. Funds for this
Chung,„ David, ,K li'i- infe r, Weridewna4, project shall be provided from Federal Grants
Lee•Loy,.Rithards,•iffitegas,and Acting Chair Eoff-8; Receivable ($40 million) and General Obligation
Noes:,None wAblrent-=Courlicl Member.Poindexter-1; Bonds,Capital Projects Fund-Fund Balance and/or
Excused: None. Other Sources($10 million). Ayes: Council Members
Chung, David, Kaneali'i-Kleinfelder, Kier'Idewicz,
Bill 40: Designates TMK: 6-8-041:008 as the Lee Loy,Richards,Villags,and Acting Chair Eoff-8;I
"Kamakoa Nut Park"Pursuant to Chapter 15,Article 8, Noes: None;Absent Couhdl.Member Poindexter-1;
Section 15-67 of the Hawaii County Code 1983 Excused: None. '
(2016 Edition,as Amended);Amends Section 15-68.1
to Add the "Kamakoa Nui Park" to the Parks and! Jon Henrkc s
Recreational Facility Schedule; and Amends Chapter 1 COUNTY CLERK
14,.Alm 1,Section 14-1,Relating to Problbiting the
Possession or: Consumption of Intoxicating Liquors,at Hawaii County is an Equal Opportunity
All Times. Ayes: Council Members Chong, David, Provider'and Employer.
Kaneali'i-Kleinfelder, Kieridewicz, Lee Loy, Richards, (WHT1188223 4/6/19)
Villegas, and Acting Chair Eoff - 8; Noes: None;
Absent Council Member Poindexter 1; Excused:
None.