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Home My WebLink AboutAGE COUNCIL 2008/07/02 2006-2008• PETE HOFFMANN ('hair & Presiding Officer K. ANGEL PILAGO Vice Chair 4151 Session Wednesday, July 2, 2008 8:30 a.m. INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES • 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 BOB JACOBSON EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO r~.~ .m:r, .- :. ~J ~, .~, ~ ~. ~ c . , rv . r~ __ ; , tv t.n ._ _ __ Pastor Richard Uejo of KMC Chapel and Heritage Fellowship Apri19, 2008 (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. Hawaii County Council-41 Page 2 July 2, 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. 183.11E KAILUA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) ANNUAL REPORT FOR FISCAL YEAR 2007-08 From Kailua Village BID President Eric von Platen Luder, dated May 29, 2008, transmitting their annual District Board Report covering operations for their first fiscal year. Ordinance 07-171 provided for the establishment of the Kailua Village BID No. 1, which took effect on December 1, 2007. (It required their District Board to prepare and submit an annual report to the Council pursuant to "SECTION 3" of this ordinance.) Comm. 1289: NOMINATION OF MR KALOA ROBINSON (COUNCIL DISTRICT 3) TO THE FIRE COMMISSION From Mayor Harry Kim, dated June 4, 2008, requesting approval of the above nomination. ;and Comm. 1289.1: From Public Safety and Parks and Recreation Committee Chair Donald Ikeda, dated June 19, 2008, requesting this matter be waived to the Council. ORDER OF RESOLUTIONS Res. 659-08 Urges the Director of Mass Transit to Implement Regularly Scheduled Bus Service (Draft 2): To and From Hilo Airport. {Currently, there is no bus service to or from the Hilo Airport.}; and PWIRC-81. Res. 676-08: Authorizes the Acceptance of the Donation of an Arson Detection Canine and All Related Training and Travel Expenses. {Donated by State Farm, with an estimated total value of the dog and related training and travel expenses of $23,000 (relating to an arson canine training scholarship).}; and FC-296. Res. 677-08: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease (5 years) of Real Property for a Vehicular Turnaround Area in Kainaliu, North Kona, Tax Map Key.(3)7-9-009:018 (Portion), from the Kadooka Family (approx. 2,480 square feet). {The agreed amount of the lease will be $10,500 per year with option for an additional five-year term; will allow for a temporary vehicle turnaround area along the Mamalahoa Highway in Kainaliu town.}; and FC-297. Hawaii County Council-41 Page 3 July 2, 2008 Res. 678-08: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease (5 years) of Real Property for a Public Parking Lot and a Vehicular Turnaround Area in Kainaliu, North Kona, Tax Map Key.(3)7-9-007:005 (Portion), from Kainaliu Properties, LLC (approx. 13,370 square feet). {The agreed amount of the lease will be $12,000 per year, plus the waiver of a pro rata share of the parcel's 2008/2009 real property tax with option for an additional five-year term; will allow for additional public parking and temporary vehicle turnaround area along the Mamalahoa Highway in Kainaliu town.}; and FC-298. Res. 679-08: Supports the Hawaii Supreme Court Decision to Create the Access to Justice Commission to Assist Low Income Hawaii Residents in Obtaining Civil Legal Services. {The creation of this Commission was the first recommendation in a ten- step action plan released in a November 2007 report titled Achieving Access to Justice for Hawai `i's People. This Resolution encourages the implementation of the remaining nine steps of the ten-step action plan (see "Exhibit A"). }; and PWIRC-83. ;and Comm. 1276.1 From Council Member Dominic Yagong, dated June 23, 2008, requesting that "Exhibit A" be attached to Resolution 679-08, which was inadvertently omitted. Res. 688-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expense (Fourth of July Fest). Contingency Relief funds from District 3 would be used towards the Fourth of July Fest event. } Res. 689-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division -Class/Activity, Miscellaneous Charges (Kalae Iki Baseball Clinic). Contingency Relief funds from District 4 would be used towards the Kalae Iki Baseball Clinic. } Res. 690-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expense (Moku O Keawe International Festival). Contingency Relief funds from District 4 would be used towards the Moku O Keawe International Festival. } Hawaii County Council-41 Page 4 July 2, 2008 Res. 691-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,850 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture and Arts Other Current Expense (4t'' of July Fest Program). Contingency Relief funds from District 4 would be used to defray costs associated with the 4t'' of July Fest Program. } Res. 692-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture and Arts Other Current Expense (2008 Queen Lili`uokalani Festival). Contingency Relief funds from District 4 would be used to defray costs associated with the 2008 Queen Lili`uokalani Festival.} Res. 693-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Hawaii County Resource Center, Miscellaneous Contract Services (American Red Cross, disaster relief supplies). Contingency relief funds from District 4 would be used to purchase disaster relief supplies for the American Red Cross. } Res. 694-08: Accepts the Dedication of Lot 505 of Lokahi Makai Phase 2, Being Tax Map Key:(3)7-3-061:050, Situate at Kalaoa 5th, District of North Kona, County and State of Hawaii, from Sonny Ventures, LLC, for Park Purposes (approx. 4 acres). Res. 639-08: Urges the United States Military to Address the Hazards of Depleted Uranium at the Pohakuloa Training Area. {Urges the Military to address hazards caused by residual quantities of depleted uranium in and around the Pohakuloa Training Area resulting from weapon training exercises. } ;and Comm. 1210.2: From Council Chair Pete Hoffmann, dated May 14, 2008, transmitting proposed amendments to Resolution 639-08; and Comm. 1210.16: From Council Member Emily I. Naeole, dated June 13, 2008, requesting that Dr. Lorrin Pang be allowed to give a 15-20 minute presentation sometime after 10 a.m. (NOTE: COUNCIL WILL TAKE AONE-HOUR LUNCH BREAK CLOSE TO THE NOON HOUR.) 1 P.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) Hawaii County Council-41 Page 5 July 2, 2008 BILLS FOR ORDINANCES (FIRST READING) Bi11308: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 5 (Parking), Section 24-284.1, Schedule 32.1 (8 hour parking areas), Subsection (c) (South Hilo), by adding Kamehameha Avenue, from Shipman Street to Wailuku Drive.}; and PWIRC-80. Bi11313: 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 24-287, Schedule 35 (passenger loading zones), paragraph (c) (South Hilo), subparagraph (4) (Kapi`olani Street), clause (B), by revising an existing item from 190 feet to 117 feet (intent is to provide pedestrian safety by restricting motorists from parking too close to the adjacent crosswalk).}; and PWIRC-82. Bi11314 Amends Chapter 2, of the Hawaii County Code 1983 (2005 Edition, as Amended), by (Draft 2): Amending Article 2 and Adding a New Article Relating to Creation of an Office of Energy Sustainability. {Establishes the framework for a new Energy Sustainability Department, which is a direct result of the recommendations from the Hawaii County Sustainability Energy Plan dated October 2, 2007. }; and FESC-5. 2 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, AND REFERRALS FOR EXECUTIVE SESSION ORDER OF THE DAY (SECOND OR FINAL 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. } 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. } ;and Comm. 1191.8: From Planning Director Christopher J. Yuen, dated June 18, 2008, transmitting a proposed amendment to Bi11292, Draft 3. Hawaii County Council-41 Page 6 July 2, 2008 Bi11305 Amends Chapter 18, Articles 1, 2, and 3, of the Hawaii County Code 1983 (Draft 2): (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. Draft 2 replaces the existing language of Subsection 18-89(b), which was inadvertently omitted from Bi11305.} REPORTS FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended REPORT: May 31, 2008. REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following, pursuant to Section 92-5(a)(4), 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. 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. 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 30, 2008. TTY users may use Relay Service (711)(961-8255) to contact our office. Hawaii County Council-41 Page 7 July 2, 2008 The agenda is available on the County Council-Clerk web page at http://co.hawaii.hi.us/council/a~endas_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. 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 fourteen (14) 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's, July 9 and 16, 2008, to follow the viewing of the June 30, 2008, Council meeting which is scheduled to start at 6 p.m.; and Sunday, July 13, 2008, to follow the viewing of the June 30, 2008, Council meeting which is scheduled to start at 10:30 a.m. UPCOMING MEETINGS TUESDAY, JULY 22, 2008 COMMITTEES TBA WEDNESDAY, JULY 23, 2008 COUNCIL TBA TUESDAY, AUGUST 12, 2008 COMMITTEES TBA WEDNESDAY, AUGUST 13, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA SHERATON KEAUHOU BAY RESORT & SPA SHERATON KEAUHOU BAY RESORT & SPA SHERATON KEAUHOU BAY RESORT & SPA