HomeMy WebLinkAboutAGE COUNCIL 2008/10/08 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
47th Session
ORDER OF BUSINESS
Hawaii County Council
333 Kilauea Avenue
(Ben Franklin Building)
Second Floor, Council Room
Hilo, Hawaii
Wednesday, October 8, 2008
8:30 a.m.
INVOCATION Reverend Tag Taggart of Center for Spiritual Living
CALL TO ORDER 8:35 a. iii.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
(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-47 Page 2 October 8, 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. 1493: HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) REPORT
REGARDING ITS SEPTEMBER 26, 2008, MEETING
From Council Member Bob Jacobson, dated September 26, 2008, requesting to
present a report.
FILED
ORDER OF RESOLUTIONS
Res. 741-08: 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 RSVP - Other
Current Expense (Volunteer Mileage Reimbursement). Contingency Relief funds
from District 8 would be used to supplement RSVP funds for volunteer mileage
reimbursement.)
Re: Comm. 1440
Intr. by: Mr. Pilago
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Higa_ 11:cda_ Jacobson. Nacolc_ Pilago_
Yagong_ Yoshimoto_ and Chair Hoffmann - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 743-08: Supports the Protection and Recovery of the Official Hawaii State Mammal; the
Critically Endangered Endemic Hawaiian Monk Seal. {Encourages Hawai`i's four
counties to partner with appropriate Federal and State agencies to develop public
awareness and develop a program for regulating human-seal interactions at
State/County beaches and parks; and urges the Federal Administration and Congress
to fund the Main Hawaiian Island Monk Seal Response and Incidental Aquatics
Division.)
Re: Comm. 1438.1
Intr. by: Mr. Jacobson
Approve: EMC-18
ANIENDED TO DRAFT 2 ADOPTED:
AYES: Council Mcmbcrs Ford_ Higa_ 11:cda_ Jacobson. Nacolc_ Pilago_
Yoshimoto_ and Cliair Hoffmann - 8.
NOES: Council NlcmbcrYagong - I.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-47 Page 3 October 8, 2008
Res. 748-08: Provides for the Acquisition of Parcel 1-A-1, Which is a Portion of Real Property
Identified as Tax Map Key: (3)7-7-004:089, Situate in the District of North Kona,
County and State of Hawaii, for the Kahului-Keauhou Parkway. {Authorizes the
acquisition of private property by eminent domain for construction of the Kahului-
Keauhou Parkway, from Kailua-Kona to Keauhou (consists of approx.
3.017 acres).}
Re: Comm. 1458
Intr. by: Mr. Pilago
Approve: PC-95
PASSED FIRST OF T\VO REQUIRED READINGS:
AYES: Council Mcmbcrs Ford_ Higa_ 11:cda_ Jacobson. Nacolc_ Pilago_
Yagong_ Yoshimoto_ and Chair Hoffmann - Q.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 749-08: Authorizes the Abandonment and Disposition of Roadway Remnants, Situate at
Lanihau 2 d, District of North Kona, County and State of Hawaii. {Abandons and
discontinues the roadway remnant along Ali`i Drive (Lot R-1, approx. 295 square
feet) and portion of old government lane (Lot R-2, approx. 676 square feet) as a
County road and authorizes its sale.)
Re: Comm. 1451
Intr. by: Ms. Ford (B/R)
Approve: PWIRC-96
ADOPTED:
AYES: Council Mcmbcrs Ford_ Higa_ 11:cda_ Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Council Mcmbcr Jacobson - 1.
ABSENT: Nonc.
EXCUSED: Nonc.
;and
Comm. 1451.2: From Assistant Corporation Counsel Gerald Takase, dated September 24, 2008,
transmitting the appraisal for the "Fish Hopper Restaurant."
Res. 750-08: Accepts the Dedication of Road Lot "C," Being Tax Map Key:(3)2-5-061:080,
Situate at Kukuau Second, District of South Hilo, County and State of Hawaii,
from Brilhante-Hawaii, Inc. {Contains an area of approximately .1897 acre and
dedication of the road lot is for road and drainage purposes.)
Re: Comm. 1452
Intr. by: Ms. Ford
Approve: PWIRC-97
ADOPTED:
AYES: Council Mcmbcrs Ford_ Higa_ 11:cda_ Jacobson. Nacolc_ Pilago_
Yagong_ Yoshimoto_ and Chair Hoffmann - Q.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-47 Page 4 October 8, 2008
Res. 757-08: 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 Department of Parks and Recreation, Recreation
Division Other Current Expense, Education-Recreation-Scientific (Prime Time NFL
Football Clinic). Contingency Relief funds from District 1 would be used towards
van transportation expenses relating to the Prime Time NFL Football Clinic to be
held in Honoka`a. }
Re: Comm. 1469
Intr. by: Mr. Yagong
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Higa_ Il<cda_ Jacobson_ Nacolc_ Pilago_
Y'agong_ Yoshiuioto_ and Chair Hoffmann - c>
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 759-08: 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 Committee on the Status of
Women Miscellaneous Contract Services (Real Women Creative Writing Contest).
Contingency Relief funds from District 8 would be used towards costs associated
with the Real Women Creative Writing Contest.)
Re: Comm. 1472
Intr. by: Mr. Pilago
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Higa_ Il<cda_ Jacobson_ Nacolc_ Pilago_
Yagong_ Yoshiuioto_ and Chair Hoffmann - c>
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-47 Page 5 October 8, 2008
Res. 760-08: 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 Hawaii County Fire Department Fire Protection
Salaries and Wages (Community Emergency Response Team (CERT) Training in
North Kona - overtime). Contingency Relief funds from District 8 would be used
to provide overtime wages for CERT training in North Kona.)
Re: Comm. 1475
Intr. by: Mr. Pilago
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Jacobson. Pilago- Yagong.
Yoshimoto_ and Cliair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Nacolc - 1.
EXCUSED: Nonc.
Res. 761-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $14,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Research and Development New
Industry and Industrial Development, Miscellaneous Contract Services - (Kohala
Center). Contingency Relief funds from District 9 would be used towards a water
study program at the Kohala Center.)
Re: Comm. 1476
Intr. by: Mr. Hoffmann
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson- Pilago_ Y'agong_
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Nacolc - 1.
EXCUSED: Nonc.
Hawaii County Council-47 Page 6 October 8, 2008
Res. 764-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Hawaii County Fire Department, Fire Prevention
Other Current Expense (Office for Social Ministry (OSM)/Mobile Care Health
Project). Contingency Relief funds from District 7 would be used towards the
OSM/Mobile Health Care Project.}
Re: Comm. 1485
Intr. by: Ms. Ford
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Jacobson. Nacolc_ Pilago_
Yagong_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Yoshimoto - 1.
EXCUSED: Nonc.
Res. 765-08: 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 Hawaii County Fire Department Fire Prevention
Other Current Expense (Office for Social Ministry (OSM)/Mobile Care Health
Project). Contingency Relief funds from District 8 would be used towards the
OSM/Mobile Health Care Project.}
Re: Comm. 1486
Intr. by: Mr. Pilago
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson_ Nacolc_ Pilago_
Yagong_ and Chair Hoffmann -8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Yosliimoto - 1.
EXCUSED: Nonc.
Hawaii County Council-47 Page 7 October 8, 2008
Res. 767-08: 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 2 would be used
towards the Halloween event and the 16th Annual Biggest Easter Egg Hunt.)
Re: Comm. 1491
Intr. by: Mr. Ikeda
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Cliair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Jacobson - 1.
EXCUSED: Nonc.
9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 353 Amends Chapter 18, of the Hawaii County Code 1983 (2005 Edition, as
(Draft 2): Amended), Relating to Public Transportation. {Increases taximeter rates per
1/8 mile of travel and one minute of waiting time from 30 cents to 40 cents, and
adds a new section stating that the taxi meter fare schedule may be evaluated on an
annual basis to make a determination to either increase or decrease taxi meter rates.)
Re: Comm. 1439.1
Intr. by: Mr. Yagong
Approve: FC-333
PASSED 1 ~ ' READING:
AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Nacolc_ Pilago_ Yagong.
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Jacobson - 1.
EXCUSED: Nonc.
Hawaii County Council-47 Page 8 October 8, 2008
Bill 364 Amends Ordinance No. 465 Which Reclassified Lands from Agricultural - 1 Acre
(Draft 2): (A-la) to Neighborhood Commercial - 7,500 Square Feet (CN-7.5) at Kealakekua,
South Kona, Hawaii, Covered by Tax Map Key 8-2-13: Portion of 2 (approx.
1.1774 acres). {Amy B. H. Greenwell Ethnobotanical Garden, Applicant.)
Re: Comm. 1444.2
Intr. by: Mr. Pilago
Approve: PC-93
AMENDED TO DRAFT PASSED 1~" READING:
AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Nacolc_ Pilago. Yagong.
Yoshimoto_ and Chair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Jacobson - 1.
EXCUSED: Nonc.
Bill 365: Adopts the County of Hawaii North Kohala Community Development Plan (CDP).
{The planning area for the North Kohala CDP encompasses the judicial district of
North Kohala. }
Re: Comm. 1445
Intr. by: Mr. Pilago
Approve: PC-94
AMENDED TO DRAFT 2 & PASSED l~' READING:
AYES: Council Mcmbcrs Ford_ Higa_ 11:cda_ Jacobson. Nacolc_ Pilago_
Yagong_ Yoshimoto_ and Chair Hoffmann - Q.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 366: Amends Chapter 2 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Parity Liens. {Adds a new section relating to Lien Parity which clarifies
treatment of parity liens as it relates to payments, when such parity is required by
law. The immediate application will apply to payments received on real property
taxes and special taxes for Business Improvement Districts and Community
Facilities Districts.)
Re: Comm. 1453
Intr. by: Mr. Yagong
Approve: FC-335
PASSED 1'' READING:
AYES: Council Mcmbcrs Ford_ Higa_ 11:cda_ Jacobson. Nacolc_ Pilago_
Yagong_ Yoshimoto_ and Chair Hoffmann - Q.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-47 Page 9 October 8, 2008
Bill 368: Authorizes the Mayor of the County of Hawaii to Enter Into an Intergovernmental
Agreement for a State Water Pollution Control Revolving Fund Loan for
Wastewater Public Improvement Projects; and Authorizes the Issuance of
$1,000,000 General Obligation Bonds of the County of Hawaii for the Purpose of
Financing Qualified Wastewater Public Improvements of the County of Hawaii.
{Funds would be used for the County's Komohana Heights Large Capacity
Cesspool Replacement project and authorizes the issuance of the bonds for the
purpose of financing this project.{
Re: Comm. 1455
Intr. by: Mr. Yagong
Approve: FC-336
PASSED 1'' READING:
AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson_ Nacolc_ Pilago_
Yagong. Yoshimoto_ and Chair Hoffmann - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 374: 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 Federal
Grants - Reed Act (Act 189) ($2,000,000); appropriates to the following: Operation
Mainstream II State of Hawaii Department of Labor and Industrial Relations
($603,752), Employer Outreach II State of Hawaii Department of Labor and
Industrial Relations ($264,164), System Building - Hawaii Island Workforce and
Economic Development `Ohana, Inc. ($678,183), State-Administration / Hire Net
Cost State of Hawaii Department of Labor and Industrial Relations ($253,901), and
Office of Housing and Community Development (OHCD)-Administration
$200,000, for a total of $2,000,000.)
Re: Comm. 1490
Intr. by: Mr. Hoffmann
Approve: CHA - September 23, 2008
PASSED 1 READING:
AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson. Nacolc_ Pilago_
Yagong_ Yoshimoto_ and Cliair Hoffmann - Q.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
10:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, AND REFERRALS FOR EXECUTIVE SESSION
(NOTE: COUNCIL WILL TAKEA ONE-HOUR LUNCHBREAK CLOSE TO THE NOONHOUR.)
Hawaii County Council-47 Page 10 October 8, 2008
ORDER OF THE DAY (SECOND OR FINAL 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
1St Reading: September 24, 2008
PASSED c FINAL READING:
AYES: Council Mcmbcrs Ford_ Ikeda- Jacobson- Nacolc- Pilago_ Yagong_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and Yosliiuioto - 2.
EXCUSED: Nonc.
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
1St Reading: September 24, 2008
PASSED 2`" c FINAL READING:
AYES: Council Mcmbcrs Ford_ Ikcda_ Jacobson. Nacolc_ Pilago_ Yagong_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and Yoshimoto - 2.
EXCUSED: Nonc.
Hawaii County Council-47 Page 11 October 8, 2008
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
1st Reading: September 24, 2008
PASSED 2"" c FINAL READING:
AYES: Council Mcmbcrs Ford_ Il:cda_ Jacobson. Nacolc_ Pilago_ Yagong_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and )'oshimoto - 2.
EXCUSED: Nonc.
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
1st Reading: September 24, 2008
PASSED 2"" c FINAL READING:
AYES: Council Mcmbcrs Ford_ Ikeda- Jacobson_ Nacolc_ Pilago_ Yagong_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and Yoshiuioto - 2.
EXCUSED: Nonc.
Hawaii County Council-47 Page 12 October 8, 2008
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
1St Reading: September 24, 2008
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2'''A- FINAL READING:
AYES: Council Mcmbcrs Ford_ 11:cda_ Jacobson. Nacolc- Pilago- Yagong_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and )'oshimoto - 2.
EXCUSED: Nonc.
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
1St Reading: September 24, 2008
PASSED 2'''& FINAL READING:
Al'ES: Council Mcmbcrs Ford_ 11<cda. Jacobson- Nacolc_ Pilago_ Yagong_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and Yoshimoto - 2.
EXCUSED: Nonc.
Hawaii County Council-47 Page 13 October 8, 2008
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
1st Reading: September 24, 2008
PASSED 2`' & FINAL READING:
AYES: Council Mcmbcrs Ford_ 11:cda_ Jacobson. Nacolc- Pilago- Yagong_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and )'oshimoto - 2.
EXCUSED: Nonc.
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
1st Reading: September 24, 2008
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2'''& FINAL READING:
A)'ES: Council Mcmbcrs Ford_ 11<cda. Jacobson- Nacolc_ Pilago_ Yagong_
and Chair Hoffmann - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Higa and Yoshimoto - 2.
EXCUSED: Nonc.
Hawaii County Council-47 Page 14 October 8, 2008
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
1st Reading: September 24, 2008
PASSED 2"" c FINAL READING:
AYES: Council Mcmbcrs Ford_ 11:cda_ Jacobson. Nacolc_ Pilago_ Yagong_
Yoshimoto_ and Cliair Hoffmann - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Higa - 1.
EXCUSED: Nonc.
Bill 361 Amends Chapter 14, General Welfare, Hawaii County Code 1983 (2005 Edition, as
(Draft 2): 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. 1424.44
Intr. by: Mr. Pilago
1 st Reading: September 24, 2008
PASSED 2'''& FINAL READING:
AYES: Council Mcmbcrs Ford_ Higa_ 11:cda_ Jacobson. Nacolc_ Pilago_
Yagong_ Yoshimoto_ and Chair Hoffmann - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
REPORTS
FC-334 Recommends approval of the nomination of Mr. Arthur Martin (Council District 2)
(Comm. 1442): to the Board of Ethics.
APPROVED THE NOMINATION OF MR. MARTIN TO THE BOARD OF
ETHICS
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.
Hawaii County Council-47 Page 15 October 8, 2008
Comm. 1484: GEICO AND ICK KIM V COUNTY OF HAWAII ET AL. CIVIL
NO. 3RC08-1-252
From Deputy Corporation Counsel Michael J. Udovic- dated September 25. 2008.
CONCLRRED WITH THE RECOMMENDATION OF CORP. COLINSEL
Comm. 1487: CRIVELLO V. COUNTY OF HAWAII, ET AL. CIVIL NO. 07-1-0291
From Deputy Corporation Counsel Brooks L. Bancroft- dated September 26. 2008.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 1488: CHUN ET AL., V. COUNTY OF HAWAII CIVIL NO. 07-1-243K
From Deputy Corporation Counsel Michael J. Udovic_ dated September 25. 2008.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 1492: CLAIM AGAINST THE COUNTY/GEICO ON BEHALF OF DAWN
NAMAHOE
From Deputy Corporation Counsel Joseph K. Kamelamela, dated September 26,
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.)
Comm. 1332.33: ACTING MAYOR'S VETO MESSAGE REGARDING BILL 326, DRAFT 2,
RELATING TO PLASTIC BAGS
From Acting Mayor Dixie Kaetsu, dated September 19, 2008, returning
Bill 326, Draft 2, stating her reason for disapproval, as listed in this
communication.
;and
Bill 326 Amends Chapter 20, Hawaii County Code 1983 (2005 Edition, as Amended) by
(Draft 2): Adding a New Article 5 Pertaining to Plastic Bag Reduction. {Chapter 20, Relating
to Refuse, adds a new Article 5 which prohibits the use of plastic shopping bags by
County businesses; encourages the use of environmentally preferable alternatives
(such as recyclable paper bags or reusable bags); provides for penalties of fines up
to $1,000 and/or up to 200 hours community service, as well as removal of all
plastic bags; and requires the director of Environmental Management to adopt
administrative rules to implement the article within one hundred eighty days of its
effective date.)
Re: Comm. 1332.12
Intr. by: Mr. Hoffmann
1st Reading: August 13, 2008
2nd Reading: August 27, 2008
Acting Mayor's Veto: September 19, 2008
Note: In order for this bill to become law, the Council must vote (by majority)
to reconsider it, within 30 days after it is returned; and to approve it again
(2/3 majority vote) (see Article III, Section 3-12, Hawaii County Charter).
For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby
provided that both motions may be offered and discussed at this meeting.
Hawaii County Council-47 Page 16 October 8, 2008
VETO SUSTAINED: FILED DUE TO THE FOLLOWING VOTE:
AYES: Council Mcnibcrs Ford_ Jacobson- Nacolc_ Pilago_ and
Chair Hoffmann -
NOES: Council Alcrnbcrs Ikeda and Yoshiuioto - 2.
ABSENT: Council Mcmbcr Higa - 1.
EXCUSED: Council McmbcrYagong - I.
;and
Comm. 1332.34: From Council Chair Pete Hoffmann, dated October 2, 2008, stating that pursuant to
County Charter Section 3-12 and the Rules of Procedure and Organization of the
Council of the County of Hawai `i as adopted, Rule No. 16, Reconsideration;
requesting reconsideration of Bill 326, Draft 2, and an override of the Acting
Mayor's veto.
ANNOUNCEMENTS
ADJOURNMENT Q:09 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 October 6, 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 October 8, 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
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.
Hawaii County Council-47 Page 17 October 8, 2008
• 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 15 and 22, 2008, at 6 p.m.; and Sunday, October 19, 2008, at 10:30 a.m.
UPCOMING MEETINGS
TUESDAY, OCTOBER 21, 2008
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, OCTOBER 22, 2008
COUNCIL TBA SHERATON KEAUHOU
BAY RESORT & SPA
THURSDAY, NOVEMBER 6, 2008
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
FRIDAY, NOVEMBER 7, 2008
COUNCIL TBA SHERATON KEAUHOU
BAY RESORT & SPA