HomeMy WebLinkAboutAGE COUNCIL 2008/09/24 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
46th Session
ORDER OF BUSINESS
Hawaii County Council
333 Kilauea Avenue
(Ben Franklin Building)
Second Floor, Council Room
Hilo, Hawaii
Wednesday, September 24, 2008
8:30 a.m.
INVOCATION Reverend Sohko Kuki of Hilo Hooganji Mission
CALL TO ORDER 8:32 a. iii.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES August 13, 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-46 Page 2 September 24, 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. 731-08: Encourages the Administration to Research the Application Process to Obtain
Funding for an Energy Worker-Related Training Program, as Established Through
the Green Jobs Act 2007. {Encourages the Administration to do the following:
1) explore the possibilities of establishing a countywide energy efficiency and
renewable energy worker training program; 2) explore how to access Federal
funding provided by the Green Jobs Act 2007; 3) prepare a list of "green-collar"
jobs; and 4) provide an update to the Council regarding these efforts by March 1,
2009.)
Re: Comm. 1416
Intr. by: Mr. Hoffmann
Approve: FESC-6
ADOPTED:
AYES: Council Mcmbcrs Ford_ 11,cda_ Nacolc_ Pilago_ Yagong_ Yoshimoto_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and Jacobson - 2.
EN('LSED: Nonc.
Res. 732-08: Changes Time Element of a Custodian/Groundskeeper I (1/4T) to Half Time.
{Increasing the time element from 1/4 time to '/2 time would allow for the
maintenance of the Hawaiian Ocean View Estates police sub-station to be increased
from twice a month to twice a week, and also provide travel time and additional
maintenance time at the Ka`u police station.)
Re: Comm. 1418
Intr. by: Mr. Yagong
Approve: FC-325
ADOPTED:
AYES: Council Mcmbcrs Ford_ 11,cda_ Jacobson. Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Cliair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Higa - 1.
EICLSED: Nonc.
Hawaii County Council-46 Page 3 September 24, 2008
Res. 733-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawaii Department of Health, Pursuant to FIRS 46-7, for the Chronic Disease Self
Management Program (CDSMP). {Funds would be used to implement the CDSMP,
which is an evidence-based prevention program that closely replicates a specific
intervention, which has been tested through controlled experiments with published
results. }
Re: Comm. 1420
Intr. by: Mr. Yagong
Approve: FC-327
ADOPTED:
AYES: Council Mcmbcrs Ford_ 11,cda_ Jacobson. Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Higa - 1.
EXCUSED: Nonc.
Res. 734-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawaii Department of Defense, State Civil Defense, Pursuant to FIRS 46-7, for the
Public Safety Interoperable Communications Grant. {Funds would be used to
provide the County's Fire and Police Departments with enhanced interoperable
communications with respect to voice, data, and/or video signals.)
Re: Comm. 1421
Intr. by: Mr. Yagong
Approve: FC-329
ADOPTED:
AYES: Council Mcmbcrs Ford_ 11,cda_ Jacobson. Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Higa - 1.
EXCUSED: Nonc.
Res. 740-08: Urges the Administration to Release the Funds of the Award of a $500,000 Grant to
Hawaii Island Veterans Memorial, Inc (HIVM). {Release of these funds to HIVM
would enable them to finalize an agreement with the Department of Veterans
Affairs as well as launch their capital fundraising campaign to obtain funds to
commence Phase 2 planning for a meeting and events center serving the veterans
and the community.)
Re: Comm. 1431
Intr. by: Mr. Hoffmann
Approve: PWIRC-95
ADOPTED:
AYES: Council Mcmbcrs Ford_ 11,cda_ Jacobson. Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Cliair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Higa - 1.
EXCUSED: Nonc.
Hawaii County Council-46 Page 4 September 24, 2008
Res. 742-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $18,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Public Works Transfer to Highway
Fund (Highway - South Hilo Road) (To be allotted to Ainalako Road Paved
Pullouts). Contingency Relief funds from District 3 would be used to install three
paved pullouts along Ainalako Road to allow motorists to safely pull over when
yielding to oncoming traffic.)
Re: Comm. 1441
Intr. by: Mr. Yoshimoto
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ 11<cda_ Nacolc_ Pilago_ Yagong_ Yoshimoto_
and Chair Hoff iiaun - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and Jacobson - 2.
EXCUSED: Nonc.
Res. 744-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $2,300 out and from Clerk-Council Services-Contingency
Relief account; credits same to Police Department, Police Administration Division -
Other Current Expense (International Critical Incident Stress Foundation, Inc.
(ICISF) Training Conference). Contingency Relief funds from District 3 would be
used towards travel expenses for four police officers of the Peer Support Unit and
Critical Incident Support Unit can attend a conference to receive specialized training
and to get certified.)
Re: Comm. 1443
Intr. by: Mr. Yoshimoto
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Ikeda- Nacolc_ Pilago_ Yagong_ Yoshimoto_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and Jacobson - 2.
EXCUSED: Nonc.
Hawaii County Council-46 Page 5 September 24, 2008
Res. 745-08: 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 the Mayor, Mayor's Entertainment (Nago
City-sister city). Contingency Relief funds from District 4 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. 1449
Intr. by: Mr. Higa
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ 11,cda_ Nacolc_ Pilago_ Yagong_ Yoshimoto_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and Jacobson - 2.
EXCUSED: Nonc.
Res. 746-08: 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 Hawaii County Police Department, Police
Administrative Division - Other Current Expense, Travel/Conferences
(International Critical Incident Stress Foundation, Inc., "ICISF" Conference).
Contingency Relief funds from District 4 would be used for the Police Department's
Peer Support Unit and Critical Incident Response Team to attend the ICISF
Conference.}
Re: Comm. 1450
Intr. by: Mr. Higa
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Ikcda_ Jacobson_ Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Higa- 1.
EXCUSED: Nonc.
Hawaii County Council-46 Page 6 September 24, 2008
Res. 747-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $7,885 out and from Clerk-Council Services-Contingency
Relief account; credits same to Fire Department Training and Volunteer Fire-
Equipment (Ainaloa volunteer firefighters equipment). Contingency Relief funds
from District 5 would be used towards the purchase of equipment for the Ainaloa
volunteer firefighters.)
Re: Comm. 1456
Intr. by: Ms. Naeole
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ 11,cda_ Jacobson. Nacolc- Pilago- Yagong_
Yoshimoto_ and Cliair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Higa - 1.
EXCUSED: Nonc.
Res. 751-08: 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 and
Arts Other Current Expense (Hawai`i Island Veterans Memorial, Inc./Annual
Veterans' Day Parade). Contingency Relief funds from District 9 would be used
towards the annual Veterans' Day parade to be held in November 2008.)
Re: Comm. 1461
Intr. by: Mr. Hoffmann
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Ikeda- Jacobson- Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Higa - 1.
EXCUSED: Nonc.
Hawaii County Council-46 Page 7 September 24, 2008
Res. 752-08: 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 Planning Department, Planning Other Current
Expense, Miscellaneous Contract Services (Exceptional Trees Signage Project).
Contingency Relief funds from District 8 would be used towards the design,
fabrication, and installation of signs to identify "Exceptional Trees" of Hawaii
County.)
Re: Comm. 1462
Intr. by: Mr. Pilago
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Ikeda- Jacobson- Nacolc_ Pilago- Yagong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Higa - 1.
EXCUSED: Nonc.
Res. 753-08: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for a Multi-Year Cost Sharing Agreement for a U.S. Corps of Engineers
Feasibility Study of a New Boat Ramp at Mahukona in North Kohala. {Funding of
this study would be made in three increments thru FY2010-11, with the first
increment already budgeted in the current fiscal year's operating budget.
Subsequent funding would be needed if feasibility is determined and the County
decides to proceed with the construction of the project. A ballpark figure for the
costs beyond the Feasibility Study is $546 million.)
Re: Comm. 1464
Intr. by: Mr. Yagong
Waived: FC
ADOPTED:
AYES: Council Nlcmbcrs Ford_ Ikcda_ Jacobson_ Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Higa- 1.
EXCUSED: Nonc.
Hawaii County Council-46 Page 8 September 24, 2008
Res. 754-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Office of Mayor Committee on Status of Women
(Teen Dating Violence conference). Contingency Relief funds from District 7
would be used towards the Teen Dating, Depression and Suicide Prevention
conference sponsored by the Committee on Status of Women.)
Re: Comm. 1465
Intr. by: Ms. Ford
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ 11,cda_ Jacobson. Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Cliair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Higa - 1.
EXCUSED: Nonc.
Res. 755-08: 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 Department of Parks and Recreation, Culture and
Arts Other Current Expense (Annual Veterans' Day Parade). Contingency Relief
funds from District 8 would be used towards the annual Veterans' Day parade to be
held in November 2008.)
Re: Comm. 1466
Intr. by: Mr. Pilago
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ 11,cda_ Jacobson_ Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Higa- 1.
EXCUSED: Nonc.
Hawaii County Council-46 Page 9 September 24, 2008
Res. 756-08: 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 Department of Parks and Recreation Culture and
Arts Other Current Expense (Hawai`i Island Veterans Memorial, Inc., Annual
Veterans' Day Parade). Contingency Relief funds from District 1 would be used
towards the Hawaii Island Veterans Memorial, Inc., Annual Veterans' Day
Parade.)
Re: Comm. 1467
Intr. by: Mr. Yagong
Waived: FC
ADOPTED:
AYES: Council Mcnibcrs Ford_ F iga_ Ikeda- Jacobson- Nacolc_ Pilago_
Yagong. Yoshimoto_ and Chair Hoffmann - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
10:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
(NOTE: COUNCIL WILL TAKEA ONE-HOUR LUNCHBREAK CLOSE TO THE NOONHOUR.)
BILLS FOR ORDINANCES (FIRST READING)
Bill 351: 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
(Loading Zones), Section 24-288.1, Schedule 36.1 (Active loading and unloading
zones) under (c), South Hilo, by adding Kamehameha Avenue, mauka side,
beginning from a point 111 feet northwest of Shipman Street and extending 58 feet
in the northwesterly direction.)
Re: Comm. 1394
Intr. by: Ms. Ford
Approve: PWIRC-93
PASSED 1~" READING:
AYES: Council Nlcmbcrs Ford_ Higa_ 11<cda_ Jacobson_ Nacolc_ Yoshimoto_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Pdago and Yagong -2.
EXCUSED: Nonc.
Hawaii County Council-46 Page 10 September 24, 2008
Bill 352: 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
(Moving Vehicles), Section 24-273, Schedule 21 (Permitted U-turn areas),
paragraph (c) (South Hilo), by deleting subparagraph (1) and renumbering as
required.)
Re: Comm. 1395
Intr. by: Ms. Ford
Approve: PWIRC-94
PASSED 1~" READING:
AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson- Nacolc- Yoshimoto_
and Chair Hof iiann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Pilago and Yagong -2.
EXCUSED: Nonc.
Bill 354: Amends the Parks and Recreation Facility Schedule, Chapter 15, Section 15-68.1,
Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Naming the
Horseshoe Courts Located at Onekahakaha Beach Park "Uncle David K. Calles, Sr.
Horseshoe Courts" in Honor of David K. Calles, Sr. {Recognizes and
commemorates in perpetuity the many years of selfless dedication, hard work,
community spirit, and aloha that David K. Calles, Sr., contributed towards
promoting athletics and horseshoe pitching in our Hilo communities.)
Re: Comm. 1410
Intr. by: Mr. Higa
Approve: PSPRC-19
PASSED 1'' READING:
AYES: Council Mcmbcrs Ford_ Higa_ 11:cda_ Jacobson. Nacolc_ Yoshimoto_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Pilago and Yagong - 2.
EXCUSED: Nonc.
Hawaii County Council-46 Page 11 September 24, 2008
Bill 355: 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 Nurse Coordinator (Sexual Assault Forensic
Examiner (SAFE) Grant) ($4,123); appropriates same to Sexual Assault Nurse
Coordinator (SAFE Grant). Funds would be used to send six officers and two
SAFE nurses to the Fourth Annual Statewide Sexual Assault Multi-Disciplinary
Training. }
Re: Comm. 1417
Intr. by: Mr. Yagong
Approve: FC-324
PASSED 1'' READING:
AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Jacobson. Nacolc_ Yoshimoto_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Pilago and )'agong - 2.
EXCUSED: Nonc.
Bill 356: 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.
{Decreases/increases the following projects: HOUSING AND COMMUNITY
DEVELOPMENT: Kaloko Housing Program - Federal [$5,563,000] ($0), Kaloko
Housing Program - County [$5,413,000] ($7,500,000); appropriation
decrease/increase shall be provided from the following: Federal Grants Receivable
[$5,563,000] ($0), and General Obligation Bonds, Capital Projects Fund - Fund
Balance and/or Other Sources [$5,413,000] ($7,500,000). Funds would be used for
Phase I of the Kaloko Housing Program project to complete 24 transitional housing
units that would replace the Kawaihae Transitional Housing Program, which is
scheduled for closure in June of 2009.)
Re: Comm. 1419
Intr. by: Mr. Yagong
Approve: FC-326
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 1' ' READING:
AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson_ Nacolc_ Yagong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcrnbcr Pilago - 1.
EXCUSED: Nonc.
Hawaii County Council-46 Page 12 September 24, 2008
Bill 357: 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 - Healthy Aging/Chronic Disease Self Management ($66,010);
appropriates same to Healthy Aging/Chronic Disease Self Management.)
Re: Comm. 1420
Intr. by: Mr. Yagong
Approve: FC-328
PASSED 1~" READING:
A)'ES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Jacobson- Nacolc- )'agong_
Y'oshiuioto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Pilago - 1.
EXCUSED: Nonc.
Bill 358: 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 the
following: Federal Grants - Public Safety Interoperable Communications
($1,275,000) and State Grants - Public Safety Interoperable Communications
($300,000), for a total of $1,575,000; appropriates to the following: Public Safety
Interoperable Communications - Federal ($1,275,000) and Public Safety
Interoperable Communications - State ($300,000), for a total of $1,575,000.}
Re: Comm. 1421
Intr. by: Mr. Yagong
Approve: FC-330
PASSED 1 READING:
AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson. Nacolc_ Yagong_
)'oshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Pilago - 1.
EXCUSED: Nonc.
Hawaii County Council-46 Page 13 September 24, 2008
Bill 359: 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
POLICE: South Kona Police Station ($800,000); funds shall be provided from
General Obligation Bonds, Capital Projects Fund- Fund Balance and/or Other
Sources ($800,000). Funds would be added to the current appropriation of
$400,000 for the planning and design phase of the new South Kona Police Station,
due to the addition of an indoor firing range and increasing the overall size of the
station. }
Re: Comm. 1422
Intr. by: Mr. Yagong
Approve: FC-331
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 1 ~ ' READING:
A)'ES: Council Nlcmbcrs Ford_ Higa_ Ikcda_ Jacobson- Nacolc- )'agong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Pilago - 1.
EXCUSED: Nonc.
Bill 360: Authorizes the Issuance of General Obligation Bonds of the County of Hawaii for the
Purpose of Funding All or a Portion of the Costs of the Kaloko Housing Program
Project 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. }Funds not to exceed
$8 million would be used towards the Kaloko Housing Program public improvement
project and related bond issuance costs.}
Re: Comm. 1423
Intr. by: Mr. Yagong
Approve: FC-332
PASSED 1~" READING:
AYES: Council Nlcmbcrs Ford_ Higa_ Ikcda_ Jacobson- Nacolc_ Yagong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Pilago - 1.
EXCUSED: Nonc.
Hawaii County Council-46 Page 14 September 24, 2008
Bill 361: Amends Chapter 14, General Welfare, Hawaii County Code 1983 (2005 Edition, as
Amended), Relating to the Restriction of Genetically Engineered Taro (Kalo) and
Coffee. {Protects the taro (kalo) and coffee industry from genetic engineering and
preserves agriculturally-based practices and cultural traditions associated with taro
and coffee within the County.)
Re: Comm. 1424
Intr. by: Mr. Pilago
Approve: EMC-17
AMENDED TO DRAFT 2& PASSED 1~" READING:
AYES: Council Mcmbcrs Ford_ Jacobson- Nacolc- Pilago- Yagong_ and
Chair Hoffmann - 6.
NOES: Council Mcmbcrs Higa, Ikeda- and Yoshimoto -
ABSENT: Nonc.
EXCUSED: Nonc.
;and
Comm. 1424.36: From Council Member K. Angel Pilago, dated September 12, 2008, transmitting
proposed amendments to Bill 361. Proposes to delete the section relating to
"Applicability" and amends the "Penalty" section.
1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING) AND REFERRALS FOR EXECUTIVE SESSION
ORDER OF THE DAY (SECOND OR FINAL 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. 998.11
Intr. by: Mr. Hoffmann
Referred to Planning Commission: April 22, 2008
1St Reading: September 10, 2008
PASSED 2"`" c~ FINAL READING:
AYES: Council Mcmbcrs Ford_ Jacobson- Nacolc_ Pilago_ and
Chair Hoffmann -
NOES: Council Mcmbcrs Higa_ Ikcda_ and Yosliiuioto -
ABSENT: Council McmbcrYagong - I.
EXCUSED: Nonc.
Hawaii County Council-46 Page 15 September 24, 2008
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
1St Reading: September 10, 2008
PASSED 2'''& FINAL READING:
AYES: Council Mcmbcrs Ford_ Higa_ Ikcda- Jacobson- Nacolc- Yagong_
)'oshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Pilago - 1.
EXCUSED: Nonc.
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
1St Reading: September 10, 2008
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2'''A- FINAL READING:
AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson- Nacolc_ Yagong_
)'oshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Pilago - 1.
EXCUSED: Nonc.
Hawaii County Council-46 Page 16 September 24, 2008
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
1St Reading: September 10, 2008
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2"`" c~ FINAL READING:
A)'ES: Council Nlcmbcrs Ford_ Higa_ 11<cda_ Jacobson- Nacolc- )'agong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Pilago - 1.
EXCUSED: Nonc.
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
1St Reading: September 10, 2008
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2`" c FINAL READING:
AYES: Council Mcmbcrs Ford_ Ikeda- Jacobson- Nacolc_ Yagong_
Yoshimoto_ and Cliair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and Pdago - 2.
EXCUSED: Nonc.
Hawaii County Council-46 Page 17 September 24, 2008
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 North Kona (Waiaha Drainageway, Splitflows and
Tributaries; Horseshoe Bend Drainageway; 1-16lualoa Drainageway; Unnamed
Zone A Drainageway (located between H61ualoa and Kaumalumalu); and
Kaumalumalu Drainageway, and Tributaries).)
Re: Comm. 1385
Intr. by: Mr. Yagong
1St Reading: September 10, 2008
PASSED 2''' & FINAL READING:
A)'ES: Council Mcmbcrs Ford_ Jacobson- Nacolc- )'agong_ )'oshimoto_
and Chair Hoff iiaun - 6.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa_ 11:cda_ and Pilago -
EXCUSED: Nonc.
;and
Comm. 1385.2: From Council Member Brenda J. Ford, dated September 12, 2008, requesting a
status report and presentation of progress by the Public Works Department relating
to the FIRM mapping updates as well as providing an explanation of how and where
the FEMA grant funding of $250,000 will be expended.
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
1St Reading: September 10, 2008
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2'''A- FINAL READING:
AYES: Council Mcmbcrs Ford_ Ikcda_ Jacobson- Yagong_ Noshimoto_ and
Chair Hoffmann - 6.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa_ Nacolc_ and Pilago -
EXCUSED: Nonc.
Hawaii County Council-46 Page 18 September 24, 2008
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
1st Reading: September 10, 2008
PASSED 2"" c FINAL READING:
AYES: Council Mcmbcrs Ford_ Il:cda_ Jacobson. Yagong. Yoshimoto_ and
Cliair Hoffmann - 6.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa_ Nacolc- and Pilago - 3.
EXCUSED: Nonc.
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
1st Reading: September 10, 2008
PASSED 2"`" c~ FINAL READING:
Al'ES: Council Mcmbcrs Ford_ Il<cda_ Jacobson- )'agong_ Yoshimoto_ and
Chair Hoffmann - 6.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa, Nacolc, and Pilago - 3.
EXCUSED: Nonc.
REPORTS
REFERRALS FOR EXECUTIVE SESSION
The Council anticipates convening an executive meeting regarding the following matters, 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 HRS
Section 92-4 and Rule 11 of the Rules of Procedure of the County Council is necessary to hold an executive
meeting.
Comm. 1463: STACY S. K. HIGA, JANICE M. N. HIGA VS. COUNTY OF HAWAII,
LINCOLN ASHIDA AS THE CORPORATION COUNSEL FOR THE COUNTY
OF HAWAII, ET AL. CIVIL NO. 08-1-0293 (THIRD CIRCUIT COURT); AND
Hawaii County Council-46 Page 19 September 24, 2008
STACY HIGA VS. NAOMI EARP, IN HER OFFICIAL CAPACITY AS CHAIR
AND HEAD OF THE UNITED STATES EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION; LINCOLN ASHIDA, IN HIS OFFICIAL
CAPACITY AS CORPORATION COUNSEL, COUNTY OF HAWAII CIVIL
NO. CV08-00411 (UNITED STATES DISTRICT COURT, DISTRICT OF
HAWAII)
From Deputy Corporation Counsel Katherine A. Garson_ dated September 12. 2008.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL AND
AUTHORIZES THE HIRING OF SPECIAL COUNSEL FOR THE COUNTY OF
HA\V'AI-I AND LINCOLN ASHIDA IN THE OFFICIAL CAPACITY AS THE
CORPORATION COUNSEL UP TO $100.000
Comm. 1468: CLAIM AGAINST THE COUNTY/MACCULATE ST. CLAIR
From Deputy Corporation Counsel Joseph K. Kamelamela, dated September 10,
2008.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
ADJOURNMENT 6:05 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 22, 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 "FIRS") § 92-3.5, the Hawaii
County Council will be conducting its September 24, 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
Kona Council Office - Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, HI 96740.
Hawaii County Council-46 Page 20 September 24, 2008
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:
• Kona Council Office at the Kailua Trade Center; 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, October 1 and 8, 2008, at 6 p.m.; and Sunday, October 5, 2008, at 10:30 a.m.
UPCOMING MEETINGS
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
TUESDAY, OCTOBER 21, 2008
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, OCTOBER 22, 2008
COUNCIL TBA SHERATON KEAUHOU
BAY RESORT & SPA