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Home My WebLink AboutAGE COUNCIL 2008/07/23 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 42 d Session ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Wednesday, July 23, 2008 8:30 a.m. INVOCATION Reverend Tullos Jones of Kona Baptist Church CALL TO ORDER 8: 3 0 a. m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES April 22, 2008 - APPROVED June 30, 2008 - APPROVED- AS AMENDED (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-42 Page 2 July 23, 2008 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 683-08: Directs the Clerk of the County of Hawaii to Take Necessary Action to Place the Charter Amendment Proposed by Ordinance No. 08-80 on the 2008 General Election Ballot. {Ordinance No. 08-80 proposes an amendment to Article XI of the Hawaii County Charter 2000 (2006 Edition), Initiative and Referendum, by repealing the article in its entirety and replacing it with new language.}; and PWIRC-86. ADOPTED: AYES: Council Nlcmbcrs Ford_ Higa_ Jacobson_ Nacolc_ Pilago_ Yagoug_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ikeda- 1. EXCUSED: Nonc. Res. 684-08: Directs the Clerk of the County of Hawaii to Take Necessary Action to Place the Charter Amendment Proposed by Ordinance No. 08-81 on the 2008 General Election Ballot. {Ordinance No. 08-81 proposes an amendment to Article III of the Hawaii County Charter 2000 (2006 Edition), Legislative Branch-County Council, by establishing an independent audit function within the legislative branch.}; and PWIRC-87. ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Ikeda - 1. EXCUSED: Nonc. Res. 685-08: Directs the Clerk of the County of Hawaii to Take Necessary Action to Place the Charter Amendment Proposed by Ordinance No. 08-82 on the 2008 General Election Ballot. {Ordinance No. 08-82 proposes an amendment to Article XIII of the Hawaii County Charter 2000 (2006 Edition), General Provisions, by clarifying language regarding civil fines and increasing the maximum monetary penalty for criminal fines.}; and PWIRC-88. ADOPTED: AYES: Council Nlcmbcrs Ford_ Higa_ Jacobson_ Nacolc_ Pilago_ Yagoug_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ikeda - 1. EXCUSED: Nonc. Hawaii County Council-42 Page 3 July 23, 2008 Res. 686-08: Requests the Planning Director to Initiate an Ordinance to Amend Chapter 25, Article 2, Division 4, Hawaii County Code 1983 (2005 Edition, as Amended) by Amending Section 25-2-46 Related to Concurrency Conditions. {Expands concurrency requirements to include parks and recreational facilities, wastewater treatment facilities, and police and firefighting facilities. Directs the Planning Director to submit comments and recommendations on the proposed Zoning Code amendments as set forth in the proposed bill ("Exhibit A"); and requests the Planning Commission to review and transmit its recommendations regarding the proposed bill, within a 120-day review period, through the Mayor to the Council for consideration and action.}; and PC-88. ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson. Nacolc_ Pilago_ Yagong. Yoshimoto_ and Cliair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ikcda - 1. EXCUSED: Nonc. Res. 687-08: Authorizes the Acceptance of a Donation of a Granite Sign and Related Costs for `Alae Cemetery. {Donation of materials, freight, and installation costs for a granite sign at `Alae Cemetery to the Parks and Recreation Department is being made by Sasaki Monuments (estimated total value of $9,650).}; and FC-299. ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ikcda - 1. EXCUSED: Nonc. Res. 695-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Drywell Filtration Pilot Program (Ainaola Drive Modified Grating). Contingency Relief funds from District 3 would be used to install a modified grating along Ainaola Drive to improve the intake capacity of the existing drywells to mitigate localized flooding conditions. } ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson. Nacolc_ Pilago_ Yagong. Yoshimoto_ and Cliair Hoffmann - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Ikcda - 1. EXCUSED: Nonc. Hawaii County Council-42 Page 4 July 23, 2008 Res. 696-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Clerk-Council Services Other Current Expense (Reimbursement for Dennis Tulang). Contingency Relief funds from District 3 would be used towards all reimbursement for travel and meal expenses incurred by Mr. Dennis Tulang for assisting Council District 3 constituents with disconnecting from their large capacity cesspool.) ADOPTED: AYES: Council Nlcmbcrs Ford_ Higa_ Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshiuioto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ikeda- I. EXCUSED: Nonc. Res. 697-08: Creates Two-Election Clerk I Positions and One-Election Clerk I (Temporary) Position for the Office of the County Clerk-Elections Division. {These positions would provide for the expansion of services to West Hawaii and Puna and aid in the anticipated increased work level.) ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson_ Nacolc_ Pilago_ Yagoug_ Yoshiuioto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ikeda - 1. EXCUSED: Nonc. Res. 698-08: 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, Recreation Division Other Current Expense (16th Annual Biggest Easter Egg Hunt - $1,000; Halloween - $1,000). Contingency Relief funds from District 3 would be used towards the Halloween and the 16th Annual Biggest Easter Egg Hunt events.) ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson_ Nacolc_ Pilago_ Yagong~ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ikeda - 1. EXCUSED: Nonc. Hawaii County Council-42 Page 5 July 23, 2008 Res. 699-08: 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 Pana`ewa Zoo Other Current Expense (30th Anniversary Celebration). Contingency Relief funds from District 3 would be used towards the 30th Anniversary Celebration of the Pana`ewa Rainforest Zoo and Gardens to be held on Saturday, July 26, 2008.) ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr 11,cda- 1. EXCUSED: Nonc. Res. 700-08: 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, Recreation Division Other Current Expense (16th Annual Biggest Easter Egg Hunt-$1,000 Halloween Program-$1,000). Contingency Relief funds from District 4 would be used towards the 16th Annual Biggest Easter Egg Hunt and the Hilo Halloween programs. } ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson. Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Ikcda - 1. EXCUSED: Nonc. Res. 703-08: Authorizes the Receipt and Expenditure of the Hawaii Island Economic Development Board (HIEDB) Grant of $100,000 for a Curbside Trash and Recycling Pickup Feasibility Study. {Funds would be used to conduct a study of curbside trash and recycling pickup for the Pana`ewa and Keaukaha communities.) ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson. Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ikcda - 1. EXCUSED: Nonc. Hawaii County Council-42 Page 6 July 23, 2008 Res. 704-08: 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 (North Kohala Community Resource Center Living Sustainably Together). Contingency Relief funds from District 9 would be used towards the North Kohala Community Resource Center's Kohala Country Fair "Living Sustainably Together" 2008 event.) ADOPTED: AYES: Council Nlcmbcrs Ford_ Higa_ Jacobson_ Nacolc_ Pilago_ Yoshiuioto_ and Chair Hoffmann - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Ikeda and Yagong- 2. EXCUSED: Nonc. 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 307: Amends Ordinance No. 97-102 Which Reclassified Lands from Agricultural - 5 Acres (A-5a) to Single Family Residential - 15,000 Square Feet (RS-15) at Kahua 1st, North Kohala, Hawaii, Covered by Tax Map Key 5-9-001:008 (Request: Time Extension to Condition C) (approx. 37.880 acres). {Kohala, LLC; Applicant. 1: and PC-87. FILED DUE TO THE FOLLOWING VOTE: AYES: Nonc. NOES: Council Mcmbcrs Ford_ Higa_ Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hof iiann - 7. ABSENT: Council Mcmbcrs Ikeda and Jacobson - 2. EXCUSED: Nonc. Bill 315: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 3, Section 24-275, Schedule 23 (Bus stop locations), paragraph (c) (South Hilo), by deleting Subparagraph (5) in order to add more two-hour parking (located along Kamehameha Avenue near Haili Street).}; and PWIRC-84. PASSED 1 READING: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Member Ikeda- 1. EXCUSED: Nonc. Hawaii County Council-42 Page 7 July 23, 2008 Bill 316: 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, Section 24-284, Schedule 32 (Two-hour parking areas), paragraph (c) (South Hilo), Subparagraph (9), to include applicable bus stops and loading zones during specified times as outlined in Chapter 24, Article 10, Divisions 3 and 6 (located along Kamehameha Avenue, from Waianuenue Avenue to Ponahawai Street).}; and PWIRC-85. PASSED 1 ~ ' READING: A)'ES: Council Nlcmbcrs Ford_ Higa- Jacobson_ Nacolc- Pilago- l'agong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ikeda- 1. EXCUSED: Nonc. Bill 330: Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009. {Adds PUBLIC WORKS: Flood Damage Repairs (12/07 Storms) - Federal Emergency Management Agency (FEMA) ($1,000,000); funds shall be provided from Federal Grants Receivable ($1,000,000). This appropriation represents FEMA's funding for the repair work for damages resulting from the December 2007 storms.) PASSED 1 READING: AYES: Council Nlcmbcrs Ford_ Higa_ Jacobson_ Nacolc_ Pilago_ Yagoug_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ikeda- 1. EXCUSED: Nonc. Bill 331: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in State Grants - Beverage Container Deposit Program ($1,009,191); appropriates to the following: Beverage Container Deposit Program - Salaries and Wages ($1,308), Beverage Container Deposit Program - Other Current Expense ($1,006,883), and Beverage Container Deposit Program - Equipment ($1,000), for a total of $1,009,191. The additional funds would be used towards a Recycling/H15 Education Center that would replace the current Certified Redemption Center at the Hilo Transfer Station, for temporary shelters for other Certified Redemption Centers- and for a. Pilot Curbside Study.} PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson. Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Ikeda - 1. EXCUSED: Nonc. Hawaii County Council-42 Page 8 July 23, 2008 Bill 332: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in Federal Grants - Waste Reduction and Recycling - Hawaii Island Economic Development Board (HIEDB) ($100,000); appropriates same to Waste Reduction and Recycling - HIEDB. } PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson. Nacolc- Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - 8. NOES: Nonc. ABSENT: Council Nlcmbcr 11,cda - 1. EXCUSED: Nonc. 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) (NOTE: COUNCIL WILL TAKE A ONE-HOUR LUNCH BREAK CLOSE TO THE NOON HOUR.) ORDER OF THE DAY (SECOND OR FINAL 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. } PASSED 2'''A_ FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson. Nacolc_ Pilago- Yagong, Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Nlcmbcr 11,cda - 1. 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).} PASSED 2"& FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Jacobson- Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr 11ycda- I. EXCUSED: Nonc. REPORTS Hawaii County Council-42 Page 9 July 23, 2008 REFERRALS FOR EXECUTIVE SESSION 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. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 10: ;4 a.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 July 21, 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: • Hilo Council Room at the Ben Franklin Building, Second Floor; 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. Hawaii County Council-42 Page 10 July 23, 2008 Viewing of Meetings on Government Access Television - Channel 52: Wednesday, July 30, 2008, at 6 p.m.; Sunday, August 3, 2008, at 10:30 a.m.; and Wednesday, August 6, 2008, at 6 p.m. UPCOMING MEETINGS WEDNESDAY, JULY 30, 2008 SPECIAL MEETING OF 8:30 A.M. COUNCIL ROOM - HILO THE COMMITTEE ON 333 Kilauea Avenue PLANNING RE: Ben Franklin Building BILL 318 (PUNA Second Floor COMMUNITY DEVELOPMENT PLAN) TUESDAY, AUGUST 12, 2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, AUGUST 13, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, AUGUST 26, 2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, AUGUST 27, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA