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Home My WebLink AboutAGE COUNCIL 2008/07/02 2006-2008 ACTIONS PETE HOFFMANN OJN<V OF M1~, BRENDA FORD Chair & Presiding Officer STACY K. HIGA DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON Vice Chair +i` EMILY L NAEOLE ,TE OF'NF'~ DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 41st Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, July 2, 2008 8:30 a.m. INVOCATION Pastor Richard Uejo of KMC Chapel and Heritage Fellowship CALL TO ORDER 8: > a. m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES April 9, 2008 - APPROVED (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. 183.111: 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.) FILED 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. APPROVED THE NOMINATION OF hALOA ROBINSON: AYES: Council Mcmbcrs Ford_ Higa_ Il:cda_ Jacobson. Nacolc- Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. ;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. 1: and PWIRC-81. FILED DUE TO THE FOLLOWING VOTE: AYES: Council Mcmbcrs Ford_ Jacobson- Pilago_ and Chair Hoffmann - 4. NOES: Council Mcmbcrs Higa, Il:cda_ Nacolc, Yagong_ and Yoshimoto - ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-41 Page 3 July 2, 2008 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. ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ 11:cda_ Jacobson. Nacolc_ Pilago_ Yagoug_ Yoshimoto_ and Cliair Hoffmann - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 677-08: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for a Multi-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. 1: and FC-297. ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson_ Nacolc_ Pilago_ Y'oshiuioto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Nonc. EXCUSED: Council Nlcmbcr)'agong - I. Res. 678-08: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for a Multi-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. 1: and FC-298. ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson_ Nacolc_ Pilago_ Y'agong_ Y'oshiuioto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-41 Page 4 July 2, 2008 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. ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshiuioto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. ;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.) ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshiuioto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. 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.) ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-41 Page 5 July 2, 2008 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.) ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson_ Nacolc_ Pilago_ Y'agong_ Yoshimoto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. 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 (4th of July Fest Program). Contingency Relief funds from District 4 would be used to defray costs associated with the 4th of July Fest Program. } ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson_ Nacolc_ Pilago_ Yagong. Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. 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`uokalam Festival.} ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-41 Page 6 July 2, 2008 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.) ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Jacobson_ Nacolc_ Pilago_ Y'agong_ Yoshiuioto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. 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). ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Jacobson_ Nacolc_ Pilago_ Y'agong_ Yoshiuioto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 639-08: Urges the United States Military to Address the Hazards of Depleted Uranium at the P6hakuloa Training Area. {Urges the Military to address hazards caused by residual quantities of depleted uranium in and around the P6hakuloa Training Area resulting from weapon training exercises.) AMENDED TO DRAFT 2& ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Jacobson_ Nacolc_ Pilago_ Yagong_ and Yoshimoto - 8. NOES: Council Chair Hoffmann - 1. ABSENT: Nonc. EXCUSED: Nonc. ;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 A ONE-HOUR LUNCH BREAK CLOSE TO THE NOON HOUR.) I P.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) Hawaii County Council-41 Page 7 July 2, 2008 BILLS FOR ORDINANCES (FIRST READING) Bill 308: 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. 1: and PWIRC-80. PASSED 1~" READING: AYES: COUnc11 Nlcmbcrs Ford_ Higa_ 11<cda_ Jacobson- Nacolc- Pilago_ Yagong_ Yoshiuioto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 313: 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`olam 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. PASSED 1 READING: AYES: COUnc11 Nlcmbcrs Ford_ Higa_ 11:cda_ Jacobson. Nacolc_ Pilago_ Yagong- Yoshimoto_ and Cliair Hoffmann - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 314 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 anew Energy Sustainability Department, which is a direct result of the recommendations from the Hawaii County Sustainability Energy Plan dated October 2.2007. 2007.); and FESC-5. FILED DUE TO THE FOLLOWING VOTE: AYES: COUnc11 Mcmbcrs Ford_ Jacobson- Pilago_ and Chair Hoffmann - 4. NOES: COUnc11 Nlcmbcrs Higa_ Ikcda_ Nacolc_ Yagong_ and Y OShImOto - ABSENT: Nonc. EXCUSED: Nonc. 2 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, AND REFERRALS FOR EXECUTIVE SESSION Hawaii County Council-41 Page 8 July 2, 2008 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 285 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. } PASSED 2"`" c~ FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson- Nacolc- Pilago- Yagong_ Yoshiuioto_ and Chair Hoffmann - 8. NOES: Council Mcmbcr Ikcda - 1. ABSENT: Nonc. EXCUSED: Nonc. 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 (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. 1 POSTPONED TO AUGUST 1 2008 COUNCIL MEETING ;and Comm. 1191.8: From Planning Director Christopher J. Yuen, dated June 18, 2008, transmitting a proposed amendment to Bill 292, Draft 3. Bill 305 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 Bill 305.) PASSED FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson- Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. REPORTS FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended REPORT: Mav 31- 2008. ACCEPTED Hawaii County Council-41 Page 9 July 2, 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 FIRS 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. 3713-2007-00006 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. FILED ;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 8:30 p.iw 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 30, 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-41 Page 10 July 2, 2008 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 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 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 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 Aupum St., Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestimon va,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 SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, JULY 23, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, AUGUST 12, 2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, AUGUST 13, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA