HomeMy WebLinkAboutAGE COUNCIL 2008/06/18 2006-2008PETE HOFFMANN
Chair & Presiding Officer
K. ANGEL PILAGO
Vice Chair
39`x' Session
COUNTY COUNCIL
County of Hawai `i
Hawai `i County Building
25 Aupuni Street
Hilo, Hawai `i 96720
ORDER OF BUSINESS
Hawaii County Council
333 Kilauea Avenue
(Ben Franklin Building)
Second Floor, Council Room
Hilo, Hawaii
BRENDA FORD
STACY K. HIGA
DONALDIKEDA
BOBJACOBSON
EMILY I. NAEOLE
DOMINIC YAGONG
J YOSHIMOTO
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Wednesday, June 18, 2008
8:30 a.m.
INVOCATION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Captain Michael Lutcher of the Salvation Army
(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.
Hawaii County Council-39 Page 2 June 18, 2008
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS
Comm. 1272: CONSERVATION DISTRICT USE APPLICATION AND ENVIRONMENTAL
ASSESSMENT FOR THE PUAKO EMERGENCY ROAD
From Council Chair Pete Hoffmann, dated June 6, 2008, requesting that the Council
review the above matter and provide comments to the State Department of Land and
Natural Resources postmarked by June 28, 2008.
ORDER OF RESOLUTIONS
Res. 680-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $571,936.43 out and from Provision for Compensation
Adjustment -General Fund account; credits same to Transfer to Capital Projects
Fund (Swimming Pool Renovations and Equipment Upgrades). Funds are needed
to encumber a pending contract with $900,000 of committed State CIP fund and
$420,353.57 in allotted County CIP funds for the Laupahoehoe Pool Improvements
and Renovations project.}
Res. 681-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $325,000 out and from Civil Defense Agency Equipment
account; credits same to Transfer to Capital Projects Fund. Funds would be used for
the installation of emergency generators at the local radio stations. }
Res. 682-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $10,400 out and from Clerk-Council Services Other Current
Expense Miscellaneous Contract Services account; credits same to Clerk-Council
Services Equipment Miscellaneous Equipment (Air Conditioner Unit). Funds
would be used to purchase a new air conditioner unit for the Council Office. }
9:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING)
Hawaii County Council-39 Page 3 June 18, 2008
BILLS FOR ORDINANCES (FIRST READING)
Bi11285 Authorizes the Issuance of General Obligation Bonds of the County of Hawaii for the
(Draft 2): Purpose of Funding All or a Portion of the Costs of Various Improvement Projects for
the County; Fixing the Form, Denominations, and Certain Other Details of Such Bonds
and Providing for the Sale Thereof; and Authorizes the Taking of Other Actions
Relating to the Issuance and Sale of the Bonds. {Principal amount not to exceed
$114,588,700, these funds would be used for a variety of capital improvement
projects. Prioritization of projects are based on the following: addresses legal
mandates, corrects major deficiencies or items critical for public safety and health,
and addresses environmental concerns, operational efficiency and maintenance or
improvement of existing assets.}; and FC-285.
;and
Comm. 1168.71: From Council Member Stacy Higa, dated June 2, 2008, transmitting proposed
amendments.
10:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING) AND REFERRALS FOR EXECUTIVE SESSION
(NOTE: COUNCIL WILL TAKE AONE-HOUR LUNCH BREAK CLOSE TO THE NOON HOUR.)
ORDER OF THE DAY (SECOND OR FINAL READING)
Bi11283 Amends Chapter 24, Article 8, Division 1, Section 24-199 Hawaii County
(Draft 2): Code 1983 (2005 Edition, as Amended), Relating to Abandoned Special Mobile
Equipment, Vehicles, Trailers, and Equipment on Wheels. {Extends the scope of
the section to include special mobile equipment, increases the fine for abandonment
from $25 to $250, and adds new provisions relating to the administration of this
section. }
Bi11289: Amends Chapter 19, Article 1, Section 19-2 of the Hawaii County Code 1983
(2005 Edition, as Amended) Relating to Real Property Taxes; and Establishes a
New Article Relating to Tax Credits. {Establishes a solar water heater tax credit by
adding new definitions to Section 19-2 and establishes a new article providing a
one-time tax credit per tax map key of up to $300 for the installation of a solar water
heater on asingle-family dwelling, `ohana dwelling, farm dwelling, duplex, or
double-family dwelling unit(s) as well as makes non-substantive formatting changes
to Section 19-2, relating to definitions. }
Bi11290: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 9
Bicycles, Section 24-294 Bicycle Lanes, Schedule 42, by adding Kuakini Highway,
both sides, between Palani Road and Hualalai Road as a designated "bicycle lane". }
Hawaii County Council-39 Page 4 June 18, 2008
Bi11291: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 6,
Section 24-288.1 Loading Zone, Schedule 36.1, Subsection (c)(1), by adding
Kamehameha Avenue, mauka side, beginning from a point 94 feet west of
Mamo Street and extending 44 feet in the westerly direction as an "active loading
and unloading zone". }
Bi11292 Amends Ordinance No. 93-36 Which Reclassified Lands from Agricultural -
(Draft 3): 20 Acres (A-20a), Agricultural - 10 Acres (A-l0a), and Agricultural - 3 Acres
(A-3a) to Residential and Agricultural - 1 Acre (RA-la) at Kukuau 1st, South Hilo,
Hawaii, Covered by Tax Map Key:2-4-8:Portions of 14 and 26; Request:
Amendment to Change of Zone Ordinance No. 93-36. {Hilo Hillside Corporation,
Applicant. }
Bi11293 Amends Ordinance No. 07-40 Which Reclassified Lands from Limited Industrial -
(Draft 2): 20,000 Square Feet (ML-20) to Industrial-Commercial Mixed Use - 20,000 Square
Feet (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map
Key:2-2-35:47 (approx. 21,050 square feet); Request: Delete Condition G (County
Sewerline Hookup). {Clark Realty Corporation, Applicant.}
Bi11294: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Federal
Grants -Hawaii County Police Department (HCPD) Traffic Investigation Program
($2,920); appropriates same to HCPD Traffic Investigation Program. Additional
funds would be used to cover the higher than anticipated cost of the Visual
Statement Diagramming Program. }
Bi11297 Amends Chapter 16, Hawaii County Code 1983 (2005 Edition, as Amended),
(Draft 2): Establishing a Framework for the Community Development Plans and Establishing
the Community Development Plan (CDP) Action Committee. {Establishes a
framework to adopt and amend the CDP's and establishes the CDP Action
Committee as the body that shall succeed each CDP Steering Committee upon
adoption of a CDP by the Council. }
Bi11302: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1,
Section 24-253.1, Schedule 1.1, Subsection (c) by amending the distance from
600 feet to 660 feet at Omao Street between Kaumana Drive and East Uluwai Street
(proposed 15 mile per hour speed limit).}
Hawaii County Council-39 Page 5 June 18, 2008
Bi11304: Amends Chapter 24, Articles 5 and 6, of the Hawaii County Code 1983
(2005 Edition, as Amended), Relating to Inspections of Vehicles and Equipment.
{Amendments in this bill and subsequent Bi11305 reflect the movement of the
driver licensing, periodic motor vehicle inspection and public transportation related
responsibilities and staff from the Police Department to the Finance Department
(due to the transfer of driver licensing and vehicle inspection functions from the
Police to Finance Department). }
Bi11305: Amends Chapter 18, Articles 1, 2, and 3, of the Hawaii County Code 1983
(2005 Edition, as Amended), Relating to Common Carriers, Taxicabs and School
Buses. {Amendments are due to the transfer of public transportation related
functions from the Police to the Finance Department. }
;and
Comm. 1224.1: From Finance Director William Takaba dated June 4, 2008, transmitting a proposed
amendment relating to Section 18-89 by including Subsection (b).
Bi11306: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Transfer
from General Fund ($50,000); appropriates same to Recycling Programs-County
Other Current Expense (Recycling Study). Resolution 624-08 approved by the
Council on May 7, 2008, transferred contingency relief funds from District 6 to the
Solid Waste Fund. These funds would be used to contract a recycling study
supporting Resolution 356-07 which adopted the principles of zero waste, and to
develop a plan to implement recycling and diversion programs to reach the goal of
85% diversion of solid waste from the waste stream in three years. }
Bi11309: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in
Contribution from Private Source ($14,700); appropriates same to Fireman's Fund
Grant. }
Bi11310: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in State
Grants - Hawaii Tourism Authority (HTA) Security Camera Program ($500,000);
appropriates same to HTA Security Camera Program. }
Bi11311: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Federal
Grants -Workforce Investment Act (WIA) 2007 ($3,238); appropriates same to
WIA -Administration Planning 2007-08. }
Hawaii County Council-39 Page 6 June 18, 2008
Bi11312: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Federal
Grants -Workforce Investment Act (WIA) 2008 ($1,005,899); appropriates to the
following: WIA -Administration Planning 2008-09 ($100,590), WIA -Adult
Program 2008-09 ($338,950), WIA -Dislocated Worker Program 2008-09
($226,756), and WIA -Youth Program 2008-09 ($339,603), for a total of
$1,005,899.}
REPORTS
REFERRALS FOR EXECUTIVE SESSION
The Council anticipates convening an executive meeting regarding the following, pursuant to
Sections 92-5(a)(4) and 92-5(a)(5), Hawaii Revised Statutes, as amended, for the purpose of consulting with
the Corporation Counsel and/or its 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 11 of the
Rules of Procedure of the County Council is necessary to hold an executive meeting.
Comm. 75.2: VANESSA HALDEMAN, ET AL. V. RUTH GOLDEN, ET AL. CV OS-00810
DAE/KSE
From Deputy Corporation Counsel Joseph K Kamelamela, dated May 20, 2008.
Comm. 830.1: CLAIM AGAINST THE COUNTY/AFNI INSURANCE ON BEHALF OF
MATSUYAMA FOOD MART
From Deputy Corporation Counsel Brooks Bancroft, dated May 8, 2008.
Comm. 1253: CLAIM AGAINST THE COUNTY/CAROLINA CASUALTY RE: BIG ISLAND
LIMOUSINE
From Deputy Corporation Counsel Brooks Bancroft, dated May 19, 2008.
Comm. 1254: CLAIM AGAINST THE COUNTY/LOUIS L. CORREIA
From Deputy Corporation Counsel Brooks Bancroft, dated May 19, 2008.
Comm. 1267: MELISSA M. CHANG V. COUNTY OF HAWAII, HAWAII COUNTY
COUNCIL EEOC NO. 37B-2007-00006
From Corporation Counsel Lincoln S. T. Ashida, dated Apri121, 2008, responding
to Council Member Dominic Yagong's letter dated April 17, 2008 (enclosed for
reference purposes) requesting an executive session in the above case.
;and
Comm. 1267.1: From Corporation Counsel Lincoln S. T. Ashida, dated May 29, 2008; and
Comm. 1267.2: From Council Member Stacy K. Higa, dated May 30, 2008, requesting to have his
attorney present during Executive Session.
Hawaii County Council-39 Page 7 June 18, 2008
Comm. 1273: CLAIM AGAINST THE COUNTY/MERCEDES LANIHULI SPARACINO
From Deputy Corporation Counsel Brooks Bancroft, dated June 3, 2008.
Comm. 1280: LOUIS JACKSON STRADA VS. COUNTY OF HAWAII, ET AL., CIVIL
NO. 07-1-0021
From Deputy Corporation Counsel Katherine A. Garson, dated June 4, 2008.
Comm. 1283: DORALINE McDONALD, ET AL., VS COUNTY OF HAWAII,
MATTHEW BRITTAIN, ET AL., CIVIL NOS. 04-1-200 AND OS-1-319
(CONSOLIDATED)
From Deputy Corporation Counsel Brandon A. K Gonzalez, dated June 4, 2008.
Comm. 1284: AUTHORIZATION FOR THE HIRING OF SPECIAL COUNSEL (CO-
COUNSEL TO THE CORPORATION COUNSEL) FOR
WAIKOLOA/TRANSCONTINENTAL DEVELOPMENT CO. MATTER
From Deputy Corporation Counsel Julie L. Mecklenburg, dated June 5, 2008, states
that she anticipates discussion on pricing information protected from present
disclosure pursuant to Chapter 103D, Hawaii Revised Statutes, as amended.
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 ca11961-8255 by June 16, 2008. TTY users may use Relay Service (711)(961-8255) to contact our
office.
The agenda is available on the County Council-Clerk web page at
http://co.hawaii.hi.us/council/agendas and actions.htm. Copies of the agenda and items listed on the agenda are
available at the County Clerk's Office, 333 Kilauea Avenue, Hilo; the Office of the Mayor, 75-5706 Kuakini Highway,
Suite 103, Kailua-Kona; the Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109,
Kailua-Kona; and the Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea.
For further information, please call 961-8255.
Hawaii County Council-39 Page 8 June 18, 2008
Videoconferencin~ is available at the following locations unti14:30 p.m., or later in the event public witness
testimony has not been completed:
• Kona Council Office at the Kailua Trade Center; and
Waimea Council Office at the Holomua Center.
If for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the
scheduled meeting will continue.
Videoconferencing from the Pahoa Neighborhood Facility will not be available.
In the event of an unanticipated emergency situation, including but not limited to: severe adverse weather
conditions, road closures, or natural disasters, the Hawaii County Council and its Committees may conduct its
meetings via videoconference pursuant to Hawaii Revised Statutes § 92-3.5. If that occurs, individual Council
Members maybe at either the meeting site or one of the videoconference sites. If the audio stream is lost for more
than a short period of time, the meeting will be terminated.
Submitting Testimony: Those wishing to testify in person must register with the County Clerk's staff. Those
submitting written testimony at the meeting should bring seventeen (17) copies for distribution. Testimony may
also be submitted (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni St., Hilo, Hawaii, 96720; (2) by
facsimile to (808) 961-8912; or (3) by e-mail to counciltestimon ~ a,co.hawaii.hi.us. Please submit separate
testimony for each item. For testimony received via e-mail or fax, copies will be distributed at the meeting when
transmitted in a timely manner. All oral and written testimony will be made a part of the public record.
Viewing of Meetings on Government Access Television -Channel 52:
Wednesday, June 25, 2008, at 6 p.m.; Sunday, June 29, 2008, at 10:30 a.m.; and Wednesday, July 2, 2008, at
6 p.m.
UPCOMING MEETINGS
TUESDAY, JULY 1, 2008
COMMITTEES TBA
WEDNESDAY, JULY 2, 2008
COUNCIL TBA
TUESDAY, JULY 22, 2008
COMMITTEES TBA
WEDNESDAY, JULY 23, 2008
COUNCIL TBA
COUNCIL ROOM - HILO
333 Kilauea Avenue
Ben Franklin Building
Second Floor
COUNCIL ROOM - HILO
333 Kilauea Avenue
Ben Franklin Building
Second Floor
SHERATON KEAUHOU
BAY RESORT & SPA
SHERATON KEAUHOU
BAY RESORT & SPA