HomeMy WebLinkAboutAGE COUNCIL 03/03/2010 2008-2010 J YOSHIMOTO •' #1 GUY ENRIQUES
Charcc Presiding Officer ylmg ', BRENDA FORD
• f itc ±I/ KELLY GREEN W ELL
EMILY I. NAEOLE - BEASON _ ' PETE HOFFMANN
"Ice Chair .S1 ur n�,(p ' DONALD IKEDA
DENNIS "FRESH" ONISHI
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, //awai'i 96720
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34 Session 1 c�
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ORDER OF BUSINESS r? N.. 1'
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Hawaii County Council i
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25 Aupuni Street Li c 7 1 ..,i
Hilo, Hawai`i
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Wednesday, March 3,2010
9:00 a.m.
INVOCATION Reverend Richard Ragle of Hilo Church of the Nazarene
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Serving the Interests of the People of Our Island
Ilawai `i County is an Equal Opportunity Provider and Employer.
Hawai`i County Council -34
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS
Comm. 628.5:
Comm. 628.4:
Comm. 710:
ORDER OF RESOLUTIONS
Res. 298 -10
(Draft 2):
Res. 299 -10:
Page 2 March 3, 2010
REPORT OF THE AD HOC COMMITTEE RELATING TO THE 2010 -2011
BUDGET
From Council Member Dennis ``Fresh" Onishi, dated February 17, 2010, requesting
an hour to present their report to the Council; and
From Ad Hoc Committee Chair Dennis ``Fresh" Onishi, dated January 8, 2010,
stating that the Committee will be meeting with various County departments and
will need more time to submit their report.
OPERATING BUDGET AND CAPITAL BUDGET PUBLIC HEARING
From Council Member Dennis ``Fresh" Onishi, dated February 10, 2010, stating that
in complying with the Hawai`i County Charter, Section 10 -4, requests a public
hearing and discloses that it will be held on May 22, 2010, at 5 p.m. in the Council
Room (with videoconferencing at the Kona and Waimea Council offices).
Requests the Legislature of the State of Hawai`i to Amend Hawai`i Revised Statutes
Chapter 132D, Section 17, (Inconsistent County Ordinances, Rules), to Allow Each
County to Temporarily Restrict the Use of Fireworks In the Event of a Public
Health, Safety, and/or Welfare Situation.
Re: Comm. 693.2
Intr. by: Ms. Ford
Approve: PSPRC -23
Authorizes the Pavment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year (5 Years) for a Multi -Year Lease for a Copier for the Office of the
Prosecuting Attorney. {The current copier is becoming obsolete and requires
frequent service calls. The estimated annual cost to lease a copier would be
$6,000.)
Re: Comm. 697
Intr. by: Mr. Onishi
Approve: FC -142
Hawai`i County Council -34
Res. 300 -10:
Res. 301 -10:
Res. 302 -10:
Page 3 March 3, 2010
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 the Next
Generation Juvenile Justice Information System Data Broker Project. {Selected as a
pilot site to implement a computer system interface between the Police
Department's Records Management System and the Prosecuting Attorney's Hawai`i
Island Tracking System, funds would be used to implement the Next Generation
Juvenile Justice Information System Data Broker Project, which serves as a data
repository for juvenile offender information for the State.)
Re: Comm. 698
Intr. bv: Mr. Onishi
Approve: FC -143
Transfers /Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers /appropriates $10,000 out and from Area Plan on Aging Other Current
Expenses Account; credits same to Project Lifesaver - Federal Account. Project
Lifesaver is a national program that allows older individuals affected by dementia
and at -risk for wandering, to remain in their homes rather than being
institutionalized. Funds would be used to purchase a global positioning system that
tracks an individual wearing a band.)
Re: Comm. 701
Intr. bv: Mr. Onishi
Approve: FC -147
Transfers /Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers /appropriates $10,000 out and from Area Plan on Aging Other Current
Expenses Account; credits same to Elder Abuse Awareness Training — Federal
Account. Funds would be used towards training for law enforcement, government
workers, and community members, with the intent of promoting an understanding of
the dynamics associated with elder abuse.)
Re: Comm. 702
Intr. bv: Mr. Onishi
Approve: FC -148
Hawai`i County Council -34
Res. 307 -10:
BILLS FOR ORDINANCES (FIRST READING)
Bill 203:
Bill 205:
Page 4 March 3, 2010
Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of
the Lucile P. Kingman Trust Parcels (TMKS:7 -7- 008:20 (approx. 1.3016 acres), 31
(approx. 0.1722 acres), and 100 (approx. 4.7100 acres) in the Ahupua`a of
Pahoehoe 2nd and Pahoehoe 3 North Kona, Pursuant to Chapter 2, Article 42,
Hawai`i County Code 1983 (2005 Edition, as Amended). {Authorizes the
acquisition of the Kingman Trust parcels via the Public Access, Open Space and
Natural Resources Preservation Fund; invites individuals to form a new nonprofit
solely dedicated to the management of the Kingman properties; and requests that the
Parks and Recreation Department select a community -based nonprofit organization
containing diverse community membership to manage this public resource.)
Re: Comm. 718
Intr. by: Ms. Ford
Waived: FC
11:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
(NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.)
Amends Section 25-8 -9 (Hawi- Kapa`au 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 — 15,000 Square Feet (RS -15) to
Village Commercial — 10,000 Square Feet (CV -10) at Ka`auhuhu, North Kohala,
Hawai`i. Covered by Tax Map Key: -5- 010:02 (approx. 1.160 acres). {Steven and
Loretta Milner, Applicants.)
Re: Comm. 688
Intr. bv: Mr. Ikeda
Approve: PC -68
Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants — Next Generation Juvenile Justice Information System (NG JJIS)
Data Broker Project ($2,000); appropriates same to NG JJIS Data Broker Grant
Project.)
Re: Comm. 698
Intr. bv: Mr. Onishi
Approve: FC -144
Hawai`i County Council -34
Bill 206:
Bill 207:
Bill 208:
Bill 210:
Comm. 709.1:
Comm. 709.2:
Page 5 March 3, 2010
Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2010. {Increases revenues in Housing
Voucher Program ($2,741,000); appropriates same to Voucher Rental Subsidies.
Funds would be used towards payment of rental assistance for eligible participants
of the Housing Choice Voucher (Section 8) Program.)
Re: Comm. 699
Intr. bv: Mr. Onishi
Approve: FC -145
Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2010. {Increases revenues in Federal
Grants — Volunteer Fire Assistance ($47,364); appropriates same to Volunteer Fire
Assistance — Federal. Funds would be used to purchase safety equipment for all fire
stations.)
Re: Comm. 700
Intr. bv: Mr. Onishi
Approve: FC -146
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 — 10,000 Square Feet (RS -10) to
Neighborhood Commercial — 20,000 Square Feet (CN -20) at Waiakea, South Hilo
District, Hawai`i, Covered by Tax Map Key:2- 2- 02:022 (approx. 40,764 square
feet). { Concept Construction, Inc., Applicant.)
Re: Comm. 703
Intr. by: Mr. Ikeda (B /R)
Approve: PC -69
Amends Chapter 7, Civil Defense, Article 2, Disaster Control, of the Hawai`i
County Code 1983 (2005 Edition, as Amended), Relating to Emergency Water
Spigots. {Adds and corrects definitions in Section 7 -6 (Definitions); and replaces
Section 7 -8 with language on emergency water spigots (water spigots under the
control of the Civil Defense Agency, water spigot usage by the public, and
prohibited activities that shall be subject to a fine of $1,000 notwithstanding
Section 7 -11). }
Re: Comm. 709
Intr. by: Ms. Ford
Waived: FC
;and
From County Clerk Kenneth Goodenow, dated February 18, 2010, transmitting a
proposed amendment to Bill 210; and
From Finance Committee Chair Dennis ``Fresh" Onishi, dated February 22, 2010,
requesting that this matter be waived to the Council.
Hawai`i County Council -34
Bill 213:
Bill 214:
Page 6 March 3, 2010
Amends Ordinance No. 09 -65, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010. {Adds
ENVIRONMENTAL MANAGEMENT: North Kona Effluent Reuse Upgrade —
State Revolving Fund (SRF) ($3,643,000): funds shall be provided from SRF
($3,643,000). Funds would be used towards the design and construction of the
infrastructure for the North Kona Effluent Reuse Upgrade project, which extends
from Kealakehe Parkway to Keahole Airport.)
Re: Comm. 716
Intr. bv: Mr. Onishi
Waived: FC
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
Amends Ordinance No. 09 -65, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010. {Adds
ENVIRONMENTAL MANAGEMENT: North Kona Sewer — State Revolving
Fund (SRF) ($3,104,000): funds shall be provided from SRF ($3,104,000). Funds
would be used towards the design and construction of the infrastructure for the
North Kona Sewer project, which extends from Kealakehe Parkway to Keahole
Airport.)
Re: Comm. 717
Intr. bv: Mr. Onishi
Waived: FC
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
2:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 186:
Planning Director Initiated: Amends Chapter 25, Hawai`i County Code 1983 (2005
Edition, as Amended) Relating to Telecommunication Antennas and Towers.
{Requires that wireless telecommunication antennas and towers obtain a Use Permit
from the Planning Commission before such use is established for properties within
the Residential and Agricultural (RA), Family Agricultural (FA), Agricultural (A),
and Intensive Agricultural (IA) zoned districts.)
Re: Comm. 655
Intr. bv: Mr. Ikeda
1S Reading: February 18, 2010
Hawai`i County Council -34
Bill 195:
Bill 196:
Bill 197:
Bill 200
(Draft 2):
Page 7 March 3, 2010
Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2,
Section 24 -265, Schedule 13 (Yield locations), paragraph (a), Hamakua, by adding
the following: Old Mamalahoa Highway, southbound approach to Bridge No. 47 -1;
Old Mamalahoa Highway, westbound approach to Bridge No. 47 -2; Old
Mamalahoa Highway, eastbound approach to Bridge No. 47 -3; Old Mamalahoa
Highway, westbound approach to bridge adjacent to parcels 4- 7 -7:4, 4 -7 -7:19, and
4 -7 -7:90; and Old Mamalahoa Highway, westbound approach to bridge adjacent to
parcels 4 -7 -7:8 and 4- 7 -7:9. Amendments would assign right -of -way at the
approaches to the subject one -lane bridges.)
Re: Comm. 671
Intr. by: Mr. Enriques
1S Reading: February 18, 2010
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 — One Acre (A -1a) to Neighborhood Commercial —
20,000 Square Feet (CN -20) at Ponahawai, South Hilo, Hawai`i, Covered By Tax
Map Key:2 -3- 037:019 (approx. 43,560 square feet). {Brian T. Sugai, Applicant.)
Re: Comm. 672
Intr. bv: Mr. Ikeda
1S Reading: February 18, 2010
Amends Section 25-8 -22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural — 5 Acres (A -5a) to Family Agricultural — 2 Acres
(FA -2a) at Kea`au, Puna District, Hawai`i, Covered by Tax Map Key:1 -6- 141:024
(approx. 7.829 acres). {Hawai`i Brewery Development Company, Inc.}
Re: Comm. 673
Intr. bv: Mr. Ikeda
1S Reading: February 18, 2010
Amends Chapter 19 of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Real Property Taxes, Relating to Appeals. {Increases the deposit amount of an
appeal to the Real Property Tax Review from $15 to $50 and limits refunds of that
amount to situations where the Board of Review accepts the taxpayer's appeal value
without compromise. Refunds would also be made in cases where adjustments are
necessary due to clerical errors.)
Re: Comm. 684.2
Intr. bv: Mr. Hoffmann
1S Reading: February 18, 2010
Hawai`i County Council -34 Page 8 March 3, 2010
Bill 209: Amends Ordinance No. 09 -65, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010. {Adds
ENVIRONMENTAL MANAGEMENT: I- Lonoka'a Large Capacity Cesspool
Replacement— State ($250,000); funds shall be provided from State Funds
Receivables ($250,000). Funds would be used towards sewer design and
construction work related to constructing a sewage pump station and force main to
connect the Honoka'a Civic Center to the County sewer system.}
Re: Comm. 708
Intr. by: Mr. Onishi
1 Reading: February 18, 2010
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
REPORTS
FC -140 Recommends approval ofthe nomination of Mr. Albert Kualii (Council District 5)
(Comm. 694): to the Tax Board of Review.
FC -141 Recommends approval ofthe nomination of Mr. Jerry Hamanoto (Council
(Comm. 695): District 4) to the Pension Board.
EMC -I0 Recommends approval of the nomination of Mr. Sherman Warner (Council
(Comm. 690): District 9) to the Environmental Management Commission.
REFERRALS FOR EXECUTIVE SESSION
(The following matter will be canceled from the agenda:)
Comm. 112: STACY S. IC. IIICA, JANICE M. N. I-IICA VS. COUNTY OF H^ : "�A!'!,
LINCOLN ASIFIDA AS TILE CORPORATION COUNSEL FOR THE CO
_.• 13 1_1 - . . •.
• e t, _ . .. _ _ . - • • • . _ • .
A D H�D-OOF THE UNITED STATES EQUAL EMPLOYMENT
.'-T
NO. CV08 0011 I (UNITED STATES DISTRICT COURT, DISTRICT OF
HAWAII)
From Assistant Corporation Counsel Katherine A. Carson, dated February 5, 2009,
firm of Ayabc, Chong, Nishimoto, Sia & Nakamura) will be present.
.. . ...
tic(
Comm. 11 From Calvin E. Young (Ayabc, Chong, Nishimoto, Sia and Nakamoto), dated
Ja „u ry 2C, 2010, requesting to meet with the Council to further explain the
background, legal issues, and claims of this case.
I- lawai'i County Council -34 Page 9 March 3, 2010
(The following matter will be canceled from the agenda:)
Comm. 110: 1 - - 14 - ! • • - • -. . •
COUNCIL EEQC NO. 37B 2007 00006
Erom Deputy Corporation Counsel Joseph K. Kamclamela, dated February 5, 2009,
regarding a proposed resolution of the above titled matter.
Postponed: February 19, 2009
Comm. 719: BARBARA HALE V. HAWAII COUNTY COUNCIL, COUNTY OF HAWAII
EEOC CHARGE NO. 486 - 2008 -00142
From Deputy Corporation Counsel Michael J. Udovic, dated February 17, 2010.
Comm. 720: CLAIM AGAINST THE COUNTY /KEITH M. LAEHA
From Deputy Corporation Counsel Brooks L. Bancroft, dated February 17, 2010.
Comm. 721: CLAIM AGAINST THE COUNTY /FAIRMONT SPECIALTY FOR RUSSELL
CABINGAS
From Deputy Corporation Counsel Brooks L. Bancroft, dated February 18, 2010.
The Council anticipates convening an executive meeting regarding the following matter, 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 March 1, 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.httn. For further information, please call 961 -8255.
Hawai`i County Council -34
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 Testimonv: 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 Aupuni Street, Hilo, Hawai`i. 96720; (2) by
facsimile to (808) 961 -8912; or (3) by e -mail to counciltestimon_v c;co.hawaii.hi.us. Please submit separate
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesdays, March 10 and 17, 2010, at 6 p.m.; Fridays, March 12 and 19, 2010, at 12 p.m.; and Sundays,
March 14 and 21, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State
Legislature.
UPCOMING MEETINGS
COMMITTEES
COUNCIL
COUNCIL PUBLIC
HEARING RE
OPERATING AND
CAPITAL BUDGETS
MONDAY, MARCH 29, 2010
SPECIAL MEETING OF THE 9:00 a.m.
FINANCE COMMITTEE
TUESDAY, MARCH 30, 2010
SPECIAL MEETING OF THE 9:00 a.m.
FINANCE COMMITTEE
Page 10 March 3 2010
TUESDAY, MARCH 16, 2010
TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, MARCH 17, 2010
9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA
MONDAY, MARCH 22, 2010
5:00 P.M. COUNCIL ROOM — HILO
25 Aupuni Street
WEDNESDAY, MARCH 31, 2010
SPECIAL MEETING OF THE 9:00 a.m.
FINANCE COMMITTEE
COUNCIL ROOM — HILO
25 Aupuni Street
COUNCIL ROOM — HILO
25 Aupuni Street
COUNCIL ROOM — HILO
25 Aupuni Street