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HomeMy WebLinkAboutAGE COUNCIL 2008/09/10 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 45th Session ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Wednesday, September 10, 2008 8:30 a.m. INVOCATION Pastor Jason Meechan of Thy Word Ministries - Kona CALL TO ORDER 8: 3 0 a.111. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES May 7, 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-45 Page 2 September 10, 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. 1432: HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) 2009 LEGISLATIVE PRIORITIES PACKAGE From Council Member Bob Jacobson, dated August 29, 2008, transmitting for Council's review measures relating to Branding and Labeling (implementing labeling requirements for Hawaii-grown products); and relating to the Public Utilities Commission (increasing the renewable energy portfolio standard of each electric utility company and to decouple compensation rates). Waived: PWIRC APPROVED THE RECOMMENDATIONS FOR INCLUSION IN THE HSAC 2001) LEGISLATIVE PACKAGE: AYES: Council Mcmbcrs Ford_ Ikeda- Jacobson- Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Higa - 1. EXCUSED: Nonc. ORDER OF RESOLUTIONS Res. 723-08: Authorizes the Acceptance of a Monetary Donation of $1,008.36 to the Hawaii Fire Department. {Donated by the Discovery Harbour Volunteer Fire Fighters, the funds are earmarked for the purchase of a portable foam system ("Pro/pak"). } Re: Comm. 1375 Intr. by: Mr. Yagong Approve: FC-318 ADOPTED: AYES: Council Mcmbcrs Ford_ Ikeda- Jacobson- Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcrnbcr Higa - 1. EXCUSED: Nonc. Hawaii County Council-45 Page 3 September 10, 2008 Res. 725-08: 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 Planning Department, Planning Other Current Expense, Printing (North Kohala Community Development Plan (CDP)). Contingency Relief funds from District 9 would be used towards printing copies of the final North Kohala CDP. } Re: Comm. 1400 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Il:cda_ Jacobson. Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 726-08: Authorizes the Hawaii County Council to Enter Into a Contract for a Legislative Liaison for the 2009 Regular Session of the State of Hawaii Legislature for a Period Not to Exceed 210 Days and at a Cost Not to Exceed $55,000. {The Legislative Liaison will keep the Council informed of legislation affecting Hawaii County during the legislative session.) Re: Comm. 1406 Intr. by: Mr. Hoffmann Waived: PWIRC FILED DUE TO THE FOLLOWING VOTE: AYES: Council Mcmbcrs Ford_ Jacobson. Pilago_ and Chair Hoffmann - 4. NOES: Council Mcmbcrs Higa_ Ihcda_ Nacolc_ Yagong_ and Yoshimoto - ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-45 Page 4 September 10, 2008 Res. 727-08: 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/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.) Re: Comm. 1409 Intr. by: Mr. Higa Waived: FC ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Il:cda_ Jacobson. Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 728-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Management Committee on Status of Women (Women's Hall of Fame). Contingency Relief funds from District 5 would be used towards the Women's Hall of Fame.) Re: Comm. 1413 Intr. by: Ms. Naeole Waived: FC 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-45 Page 5 September 10, 2008 Res. 729-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Management Committee on the Status of Women (Real Women Creative Writing Contest). Contingency Relief funds from District 5 would be used towards the Real Women Creative Writing Contest.) Re: Comm. 1414 Intr. by: Ms. Naeole Waived: FC ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Il:cda_ Jacobson. Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 730-08: 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 Office of Management Committee on Status of Women (Teen Dating Violence Conferences). Contingency Relief funds from District 5 would be used towards the Status of Women's Teen Dating Violence Conferences in East and West Hawai`i.} Re: Comm. 1415 Intr. by: Ms. Naeole Waived: FC 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-45 Page 6 September 10, 2008 Res. 735-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Mayor, Mayor's Entertainment (Nago City-sister city). Contingency Relief funds from District 2 would be used towards expenses incurred by the sister city dinner with Nago City held at the Naniloa Hotel on August 14, 2008.) Re: Comm. 1426 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Il:cda_ Jacobson. Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 736-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Fire Department Training and Volunteer Fire Other Current Expense (Miscellaneous Equipment). Contingency Relief funds from District 6 would be used to purchase equipment for the Miloli`i Volunteer Fire Station.) Re: Comm. 1427 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Il<cda_ Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-45 Page 7 September 10, 2008 Res. 737-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $25,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Fire Department Training and Volunteer Fire Other Current Expense (Building and Construction Materials). Contingency Relief funds from District 6 would be used to purchase a building and construction materials for the Fern Forest Volunteer Fire Station.) Re: Comm. 1428 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Il:cda_ Jacobson. Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 738-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Mayor, Mayor's Entertainment (Nago City-sister city). Contingency Relief funds from District 3 would be used towards expenses incurred by the sister city dinner with Nago City held at Naniloa Hotel on August 14, 2008.) Re: Comm. 1429 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Il<cda_ Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-45 Page 8 September 10, 2008 Res. 739-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,400 out and from Clerk-Council Services-Contingency Relief account; credits same to Hawaii County Fire Department Fire Protection Salaries and Wages (Community Emergency Response Team (CERT) Training in Kona-Overtime). Contingency Relief funds from District 7 would be used towards overtime wages for CERT training in Kona.) Re: Comm. 1430 Intr. by: Ms. Ford Waived: FC ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ Il:cda_ Jacobson. Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - Q. NOES: Nonc. ABSENT: Nonc. EICLSED: Nonc. 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) (NOTE: COUNCIL WILL TAKEA ONE-HOUR LUNCHBREAK CLOSE TO THE NOONHOUR.) Hawaii County Council-45 Page 9 September 10, 2008 BILLS FOR ORDINANCES (FIRST READING) Bill 237 Planning Director Initiated: Repeals Ordinance No. 97-102 and Amends (Draft 2): Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 15,000 Square Feet (RS-15) to Residential and Agricultural - 15 Acre (RA-15a) at Kahua 1St, North Kohala, Hawaii, Covered by Tax Map Key:5-9-001:008 (approx. 37.880 acres). (Note: At the Council's April 22, 2008, meeting, Bill 237 was unanimously amended via Communication 998.8, which further downzoned the property from the Planning Director's recommendation of Residential and Agricultural 5 acre (RA-5a) to Residential and Agricultural 15 acre (RA-15a).) Re: Comm. 998 Intr. by: Mr. Hoffmann Approve: PC-82 Referred to Planning Commission: April 22, 2008 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Jacobson to approve Bill 237, as amended (Draft 2).) ;and PASSED 1'" READING: AYES: Council Nlcmbcrs Ford_ Jacobson- Nacolc- Pilago- Yagong_ and Chair- Hoffmann - 6. NOES: Council Mcmbcrs Ikcda and Yoshimoto -2. ABSENT: Council Nlcmbcr Higa - 1. EXCUSED: Nonc. Comm. 998.13: From Mayor Harry Kim, dated August 11, 2008, transmitting letters and enclosures from the Planning Commission relating to Bill 237 and subsequent Draft 2. Based on reasons stated in this letter, the Planning Commission concurs with the recommendation of the Planning Director and forwards an unfavorable recommendation regarding Bill 237, Draft 2; however, recommends adoption of Bill 237. Bill 344: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-265, Schedule 13 (Yield locations), paragraph (e) Kohala, by adding Ka`auhuhu Homestead Road, North Kohala Ditch Bridge, proposed yield to oncoming traffic along southbound approach.) Re: Comm. 1376 Intr. by: Ms. Ford Approve: PWIRC-92 PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Ikcda_ Jacobson. Nacolc_ Pilago_ l`agong_ Yoshimoto_ and Cliair Hoffmann - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Higa - 1. EXCUSED: Nonc. Hawaii County Council-45 Page 10 September 10, 2008 Bill 345: 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 PARKS AND RECREATION: Kahuku Community and Senior Center ($250,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($250,000). Funds would be used to plan and design a new community/senior center at Kahuku Park.) Re: Comm. 1382 Intr. by: Mr. Yagong Approve: FC-319 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Ikeda- Jacobson- Nacolc- Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Higa - 1. EXCUSED: Nonc. Bill 346: 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 PARKS AND RECREATION: Hazardous Materials Mitigation - Islandwide ($1,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($1,000,000). Funds would be used towards remediation, abatement, encapsulation, or other appropriate mitigative responses at park facilities identified to have a presence of hazardous substances used in the construction, repair, or maintenance of park facilities over the years.) Re: Comm. 1383 Intr. by: Mr. Yagong Approve: FC-320 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 1 READING: AYES: Council Mcmbcrs Ford_ Ikcda_ Jacobson. Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Higa - 1. EXCUSED: Nonc. Hawaii County Council-45 Page 11 September 10, 2008 Bill 347: 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 PARKS AND RECREATION: Removal/Removal and Replacement of Hazardous Facilities ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($500,000). Funds would be used towards construction efforts necessary to demolish, remove and, if necessary, replace structures, or portions of structures rendered hazardous or unsafe for public use or continued public use.) Re: Comm. 1384 Intr. by: Mr. Yagong Approve: FC-321 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 1 ~ ' READING: A)'ES: Council Nlcmbcrs Ford_ Ikcda_ Jacobson- Nacolc- Pilago- )'agong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Higa- 1. EXCUSED: Nonc. Bill 348: 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 - Kona Flood Study (Federal Emergency Management Agency (FEMA)) ($250,000); appropriates same to Kona Flood Study (FEMA). Funds would be used to supplement County funds in an effort to update FEMA Floodplains in North Kona; more specifically, to do flood studies on five drainageways located in South Kona (Waiaha Drainageway, Splitflows and Tributaries; Horseshoe Bend Drainageway; Holualoa Drainageway; Unnamed Zone A Drainageway (located between Holualoa and Kaumalumalu); and Kaumalumalu Drainageway, and Tributaries).) Re: Comm. 1385 Intr. by: Mr. Yagong Approve: FC-322 PASSED 1 ~ ' READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson- Nacolc_ Pilago_ Yagong. Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-45 Page 12 September 10, 2008 Bill 349: 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. {Increases PUBLIC WORKS: Hawaii County Building Improvements [$3,522,000] $5,500,000; appropriation increase shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($1,978,000). Additional funds would be used to cover costs needed to complete this project.} Re: Comm. 1387 Intr. by: Mr. Yagong Approve: FC-323 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Jacobson. Nacolc- Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 362: Amends the State Land Use Boundaries Maps for the County of Hawaii by Changing the District Classification from the Agricultural to the Urban District at Puehuehu and Kapua, North Kohala, Hawaii, Covered by Tax Map Key:5-4-008: Portion 002 (approx. 3.475 acres). {State Department of Accounting and General Services, Applicant. The Planning Commission concurs with the recommendation of the Planning Director and recommends approval of Bill 362 and its companion Bill 363.) Re: Comm. 1401 Intr. by: Mr. Hoffmann Waived: PC PASSED 1' ' READING: A)'ES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Jacobson- Nacolc_ Pilago_ Yagong. Yoshimoto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-45 Page 13 September 10, 2008 Bill 363: Amends Section 25-8-7 (North and South Kohala District Zone Map) and Section 25-8-9 (Hawi-Kapaau Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 20 Acres (A-20a) to Single Family Residential - 15,000 Square Feet (RS-15) at Puehuehu and Kapua, North Kohala, Hawaii, Covered by Tax Map Key 5-4-008: Portion 002 (approx. 3.475 acres). {State Department of Accounting and General Services, Applicant.) Re: Comm. 1401 Intr. by: Mr. Hoffmann Waived: PC PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Jacobson. Nacolc- Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. 1:00 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) Bill 327: Amends Chapter 14, Article 1, Section 14-2(a) and Chapter 15, Article 8, Section 15-68.1, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Old Kona Airport Park. {Adds the Old Kona Airport Park to the parks and recreational facilities schedule. Adds the Park's picnic pavilions and events pavilion excluding the runway and areas surrounding the runway, Pawai Bay, and the park area at the end of the runway to the list of areas requiring permits for intoxicating liquor between specified hours.) Re: Comm. 1333 Intr. by: Mr. Pilago 1St Reading: August 27, 2008 PASSED 2"`" c~ FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson- Nacolc_ Pilago_ Yagong. Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-45 Page 14 September 10, 2008 Bill 333 Adopts the County of Hawaii Kona Community Development Plan (CDP). {The (Draft 2): planning area for the Kona CDP encompasses the judicial districts of North and South Kona.) Re: Comm. 1349.16 Intr. by: Mr. Ikeda 1St Reading: August 27, 2008 PASSED 2"`" c~ FINAL READING: A)'ES: Council Nlcmbcrs Ford_ Higa_ Ikcda. Jacobson- Nacolc- Pilago_ Yagong- Yoshimoto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 334: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-264, Schedule 12 (Stop intersections), paragraph (g) Puna, by adding "entering Ka`ohe Homestead Road from Cemetery Road" as a designated "stop intersection".) Re: Comm. 1351 Intr. by: Ms. Ford 1St Reading: August 27, 2008 PASSED 2"`" c~ FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson- Nacolc_ Pdago_ Yagong. Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 336: 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 - Assistance to Firefighters ($424,963); appropriates same to Assistance to Firefighters Grant (AFG) 2008 - Health and Wellness Program.) Re: Comm. 1360 Intr. by: Mr. Yagong 1St Reading: August 27, 2008 PASSED 2"" c FINAL READING: Al'ES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson- Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Cliair Hoffmann - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-45 Page 15 September 10, 2008 Bill 337: 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 - Sexual Violence Prevention and Planning ($8,000); appropriates same to Sexual Violence Prevention and Planning.} Re: Comm. 1361 Intr. by: Mr. Yagong 1st Reading: August 27, 2008 PASSED 2'''& FINAL READING: A)'ES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson- Nacolc- Pilago_ Y'agong_ Y'oshimoto_ and Chair Hoffmann - c> NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 338: 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 - Community Oriented Policing Program - Police ($116,400); appropriates same to Community Oriented Policing Program - Police. Funds would be used to purchase equipment and to train officers to better assist the Department in its current "war" against the ice epidemic.) Re: Comm. 1362 Intr. by: Mr. Yagong 1st Reading: August 27, 2008 PASSED 2'''& FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda- Jacobson- Nacolc_ Pilago_ )'a(,ong_ )'oshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 339: 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 - Sexual Assault Forensic Examiner (SAFE) Standby Pay ($6,000); appropriates same to SAFE Standby Pay. Funds would be used to compensate the SAFE nurses who are on standby status and waiting to conduct an examination on victims of sexual assault.) Re: Comm. 1363 Intr. by: Mr. Yagong 1 st Reading: August 27, 2008 PASSED 2'''A- FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson. Nacolc_ Pilago_ )'agong_ )'oshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-45 Page 16 September 10, 2008 Bill 340: 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 - Law Enforcement Investigations Standby Pay ($19,600); appropriates same to Law Enforcement Investigations Standby Pay. Funds would be used to compensate the Police Department's Juvenile Aid Section Detectives who are on standby status, ensuring prompt responses to victim(s) and the crime scene.) Re: Comm. 1364 Intr. by: Mr. Yagong 1st Reading: August 27, 2008 PASSED 2"" c FINAL READING: AYES: Council Mcnibcrs Ford_ Higa_ Ikeda- Jacobson- Nacolc- Pilago_ Yagong. Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 341: 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 Healing Our Island ($200,000); appropriates same to Healing Our Island.} Re: Comm. 1365 Intr. by: Mr. Yagong 1 st Reading: August 27, 2008 PASSED 2'''& FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson. Nacolc_ Pilago_ )'agong_ Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 342: 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 State Grants - Balanced Transportation Coordinator ($72,138); appropriates same to Balanced Transportation Coordinator.) Re: Comm. 1366 Intr. by: Mr. Yagong 1st Reading: August 27, 2008 PASSED 2'''' cX FINAL READING: AYES: Council Nlcmbcrs Ford_ Higa_ Ikcda_ Jacobson- Nacolc_ Pdago_ )'agong_ Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-45 Page 17 September 10, 2008 Bill 350: Amends Chapter 19, Article 1 (Administration), Section 19-2, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Definitions. {New definitions were added via Ordinance No. 07-107, relating to affordable rental housing classification; however, they were inadvertently omitted with the passage of Ordinance No. 08-93, which established a new article relating to tax credits. This reinserts the omitted definitions.) Re: Comm. 1392 Intr. by: Mr. Yoshimoto 1 st Reading: August 27, 2008 PASSED FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Il:cda_ Jacobson. Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. ENCLSED: Nonc. REPORTS PC-92 Recommends approval of the nomination of Mr. Bryan Lindsey (Council District 3) (Comm. 1380): to the Water Board. APPROVED THE NOMINATION OF MR. LINDSEY TO THE WATER BOARD REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council's 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. 1391.1: COLE V. NAEOLE - CIVIL NO. 08-1-0175; IMPEACHMENT PETITION FILED BY DAN COLE From Corporation Counsel Lincoln S. T. Ashida, dated August 28, 2008. FILED Comm. 1402: TERMINATION OF THE AGREEMENT AFTER PHASE 1-A WORK IS COMPLETED FOR THE KAMAKOA WORKFORCE HOUSING PROJECT From Council Chair Pete Hoffmann, dated August 19, 2008, requesting attorney- client confidential discussion to consult with Corporation Counsel on the above matter. FILED Comm. 1425: JACK THOMAS V COUNTY OF HAWAII, ET AL.; CIVIL NO. CV07-00251 JMS/LEK From Deputy Corporation Counsel Michael J. Udovic_ dated August 26, 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COLINSEL Hawaii County Council-45 Page 18 September 10, 2008 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 3:04 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 September 8, 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. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") § 92-3.5, the Hawaii County Council will be conducting its September 10, 2008, meeting via videoconference. Council Members will be present at the following locations: County Council Room - Ben Franklin Tower, 2°d Floor, 333 Kilauea Avenue, Hilo, HI 96720 Sheraton Keauhou Bay Resort and Spa, 78-128 Ehukai Street, Kailua-Kona, HI 96740. Videoconferencing is available at the following locations; Waimea will be available 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 audio stream between Hilo and Kona is lost for more than a short period of time, the meeting will be terminated. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. 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, September 17 and 24, 2008, at 6 p.m.; and Sunday, September 21, 2008, at 10:30 a.m. Hawaii County Council-45 Page 19 September 10, 2008 UPCOMING MEETINGS TUESDAY, SEPTEMBER 23, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, SEPTEMBER 24, 2008 COUNCIL TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, OCTOBER 7, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, OCTOBER 8, 2008 COUNCIL TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor