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HomeMy WebLinkAboutAGE COUNCIL 2008/06/18 2006-2008 ACTIONS PETE HOFFMANN BRENDA FORD STACY K. HIGA Chair & Presiding Officer DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON EMILY I. NAEOLE Vice Chair DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 39 Session ORDER OF BUSINESS Hawai‘i County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawai‘i Wednesday, June 18, 2008 8:30 a.m. INVOCATION Captain Michael Lutcher of the Salvation Army CALL TO ORDER 8:31 a.m. 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 Hawai‘i County is an Equal Opportunity Provider and Employer. Hawai‘i 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. FILED 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.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. 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.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. Hawai‘i County Council-39 Page 3 June 18, 2008 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.} WITHDRAWN BY COUNCIL CHAIR PETE HOFFMANN 9:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 285 Authorizes the Issuance of General Obligation Bonds of the County of Hawai‘i 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 ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: Council Member Ikeda – 1. ABSENT: None. EXCUSED: None. 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 A ONE-HOUR LUNCH BREAK CLOSE TO THE NOON HOUR.) Hawai‘i County Council-39 Page 4 June 18, 2008 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 283 Amends Chapter 24, Article 8, Division 1, Section 24-199 Hawai‘i 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.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 289: Amends Chapter 19, Article 1, Section 19-2 of the Hawai‘i 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 a single-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.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 290: 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 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”.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-39 Page 5 June 18, 2008 Bill 291: 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 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”.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 292 Amends Ordinance No. 93-36 Which Reclassified Lands from Agricultural – (Draft 3): 20 Acres (A-20a), Agricultural – 10 Acres (A-10a), and Agricultural – 3 Acres st (A-3a) to Residential and Agricultural – 1 Acre (RA-1a) at Kukuau 1, South Hilo, Hawai‘i, 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.} POSTPONED TO THE JULY 2, 2008, COUNCIL MEETING Bill 293 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, Hawai‘i, 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.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 294: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2008. {Increases revenues in Federal Grants – Hawai‘i 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.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-39 Page 6 June 18, 2008 Bill 297 Amends Chapter 16, Hawai‘i 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.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 302: 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 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).} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 304: Amends Chapter 24, Articles 5 and 6, of the Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to Inspections of Vehicles and Equipment. {Amendments in this bill and subsequent Bill 305 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).} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 305: Amends Chapter 18, Articles 1, 2, and 3, of the Hawai‘i 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 AMENDED TO DRAFT 2 & HELD OVER PURSUANT TO COUNCIL RULE 25(e) 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). Hawai‘i County Council-39 Page 7 June 18, 2008 Bill 306: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i 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.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 309: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($14,700); appropriates same to Fireman’s Fund Grant.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 310: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in State Grants – Hawai‘i Tourism Authority (HTA) Security Camera Program ($500,000); appropriates same to HTA Security Camera Program.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 311: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i 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.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-39 Page 8 June 18, 2008 Bill 312: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i 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.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. 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), Hawai‘i 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 05-00810 DAE/KSE From Deputy Corporation Counsel Joseph K. Kamelamela, dated May 20, 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL 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. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 1253: CLAIM AGAINST THE COUNTY/CAROLINA CASUALTY RE: BIG ISLAND LIMOUSINE From Deputy Corporation Counsel Brooks Bancroft, dated May 19, 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 1254: CLAIM AGAINST THE COUNTY/LOUIS L. CORREIA From Deputy Corporation Counsel Brooks Bancroft, dated May 19, 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Hawai‘i County Council-39 Page 9 June 18, 2008 Comm. 1267: MELISSA M. CHANG V. COUNTY OF HAWAI‘I, HAWAI‘I COUNTY COUNCIL EEOC NO. 37B-2007-00006 From Corporation Counsel Lincoln S. T. Ashida, dated April 21, 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 POSTPONED TO THE JULY 2, 2008, COUNCIL MEETING 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. Comm. 1273: CLAIM AGAINST THE COUNTY/MERCEDES LANIHULI SPARACINO From Deputy Corporation Counsel Brooks Bancroft, dated June 3, 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 1280: LOUIS JACKSON STRADA VS. COUNTY OF HAWAI‘I, ET AL., CIVIL NO. 07-1-0021 From Deputy Corporation Counsel Katherine A. Garson, dated June 4, 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 1283: DORALINE McDONALD, ET AL., VS COUNTY OF HAWAI‘I, MATTHEW BRITTAIN, ET AL., CIVIL NOS. 04-1-200 AND 05-1-319 (CONSOLIDATED) From Deputy Corporation Counsel Brandon A. K. Gonzalez, dated June 4, 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL 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, Hawai‘i Revised Statutes, as amended. AUTHORIZED THE HIRING OF SPECIAL COUNSEL OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS Hawai‘i County Council-39 Page 10 June 18, 2008 ADJOURNMENT 12:25 p.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 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. Videoconferencing 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 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 Hawai‘i County Council and its Committees may conduct its meetings via videoconference pursuant to Hawai‘i Revised Statutes § 92-3.5. If that occurs, individual Council Members may be 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 seventeen (17) submitting written testimony at the meeting should bring copies for distribution. Testimony may also be submitted (1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni St., 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. 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 MONDAY, JUNE 30, 2008 SPECIAL MEETING OF 8:30 A.M. COUNCIL ROOM – HILO THE HAWAI‘I COUNTY 333 Kilauea Avenue COUNCIL Ben Franklin Building Second Floor Hawai‘i County Council-39 Page 11 June 18, 2008 TUESDAY, JULY 1, 2008 COMMITTEES TBA COUNCIL ROOM – HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, JULY 2, 2008 COUNCIL TBA COUNCIL ROOM – HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, JULY 22, 2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, JULY 23, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA