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HomeMy WebLinkAboutAGE COUNCIL 2008/11/21 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 51st Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Friday, November 21, 2008 8:30 a.m. INVOCATION Reverend Tim Carigon of Hilo Missionary Church CALL TO ORDER 8:30 a. iii. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES October 8 and 22, 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-51 Page 2 November 21, 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. 1568: Proposed Amendment to Chapter 25 (Zoning Code), Article 2, Division 4, Section 25-2-46, Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Concurrency Conditions for Parks and Recreational Facilities, Wastewater Treatment Facilities, and Police and Firefighting Facilities From Mayor Harry Kim, dated October 24, 2008, transmitting the Planning Commission's letter and enclosures regarding the above matter. The Planning Commission concurs with the Planning Director's unfavorable recommendation regarding the proposed County Council initiated amendment to Chapter 25 (proposed bill is attached as "Exhibit A"). (Note: The Council adopted Resolution 686-08 on July 23, 2008, which directed the Planning Director to submit comments and recommendations on the proposed Zoning Code amendments; and requested the Planning Commission to review and transmit its recommendations regarding the proposed bill, within a 120-day review period- through the Mayor to the Council for consideration and action.) FILED ORDER OF RESOLUTIONS Res. 778-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the FY 2008 Homeland Security Grant Program. {Funds would be used towards continued development of the State Homeland Security Program and the Citizen Corps Program.) Re: Comm. 1506 Intr. by: Mr. Yagong Approve: FC-362 ADOPTED: AYES: Council Mcmbcrs Ford_ Ikcda_ Jacobson- Nacolc_ Pilago_ Yoshinioto_ and Chair Hoffmann - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Higa and Yagong -2. EXCUSED: Nonc. Hawaii County Council-51 Page 3 November 21, 2008 Res. 797-08: Authorizes the Director of Finance to Deposit County Securities Into Mainland Depositories and Enter Into Such Depository Agreements Pursuant to Section 46-51, Hawaii Revised Statutes (FIRS). {This would broaden the County's investment options within the restrictions contained in FIRS, Section 46-50 (attached to this communication), which specifies the types of investments that the counties may invest in.) Re: Comm. 1538 Intr. by: Mr. Yagong Approve: FC-358 ADOPTED: AYES: Council Mcmbcrs Higa, Il:cda_ Jacobson- Nacolc- Pilago. Yoshimoto_ and Chair Hoffmann - 7. NOES: Council Mcnibcr Ford - 1. ABSENT: Council NlcmbcrYagong - I. EXCUSED: Nonc. Res. 805-08: Abolishes a Traffic Technician II Position and Creates an Electronics Technician Position Within the Department of Public Works' Traffic Division. {Determined that there is a greater need for more technical skills and abilities in the Electronics field in order to support the Intelligent Transportation System Project and other projects developed by the Research and Development Section.} Re: Comm. 1552 Intr. by: Mr. Yagong Approve: FC-359 ADOPTED: AYES: Council Mcmbcrs Ford_ Higa_ 11,cda_ Jacobson. Nacolc_ Pilago_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council NlcmbcrYagon(,- I. EXCUSED: Nonc. Res. 806-08: Creates an Account Clerk Position for the Department of Public Works' Traffic Division. {The Traffic Division is undergoing a re-organization to handle the workload (due to an increased number of mandates, projects, requests, and personnel along with the establishment of a new West Hawaii Facility) and to improve efficiency.) Re: Comm. 1553 Intr. by: Mr. Yagong Approve: FC-360 ADOPTED: AYES: Council Mcmbcrs Ford_ 11,cda_ Jacobson. Nacolc_ Pilago_ Yoshimoto_ and Chair Hoffmann - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Higa and Yagong - 2. EXCUSED: Nonc. Hawaii County Council-51 Page 4 November 21, 2008 Res. 809-08: Requests the Mayor to Establish a GMO Advisory Commission Pursuant to Article IV, Section 4-4, Hawaii County Charter. {Requests the establishment of a GMO Advisory Commission and appoint its members to serve for a period of time not to exceed or exist beyond the term of the Mayor; recommends that the Department of Research and Development partners with this GMO Advisory Commission; and further requests that annual reports regarding the results of this Commission's research regarding genetic engineering and transgenic crops be presented to the Council and Mayor.) Re: Comm. 1559 Intr. by: Mr. Pilago Approve: HSEDC-9 ADOPTED: AYES: Council Mcmbcrs Ikeda- Jacobson. Nacolc_ Pilago. Yagong_ Yoshiuioto_ and Chair Hoffmann - 7. NOES: Council Mcmbcr Ford- I. ABSENT: Council Mcmbcr Higa- 1. EXCUSED: Nonc. Res. 810-08: Accepts the Dedication of Road Lot A (Noelam Loop) (approx. 93,454 square feet), Being Tax Map Key: (3)2-2-044:119, and a 5-Foot Wide Strip for Kahaopea Street Widening (approx. 3,170 square feet), Situate at Waiakea, District of South Hilo, County and State of Hawaii, from Hilolam Enterprises, LLC. {Road dedication is for public road and drainage purposes.) Re: Comm. 1560 Intr. by: Ms. Ford (B/R) Approve: PWIRC-102 ADOPTED: AYES: Council Mcmbcrs Ford_ Ikcda. Jacobson- Nacolc_ Pilago_ Yagong_ Yoshiuioto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Higa- 1. EXCUSED: Nonc. Hawaii County Council-51 Page 5 November 21, 2008 Res. 817-08: 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 the Prosecuting Attorney, Prosecuting Attorney Other Current Expense, Miscellaneous Contract Services (Neighborhood Place of Puna). Contingency Relief funds from District 6 would be used to support the Neighborhood Place of Puna.) Re: Comm. 1567 Intr. by: Mr. Jacobson 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. 818-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion Miscellaneous Contract Services (Hawai`i Island Festivals and Events Product Development Summit). Contingency Relief funds from District 5 would be used towards the Hawaii Island Festivals and Events Product Development to create a contact database as well as the establishment of an association.) Re: Comm. 1570 Intr. by: Ms. Naeole 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-51 Page 6 November 21, 2008 Res. 821-08: 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 Department of Research and Development New Industry and Industry Development Miscellaneous Contract Services (Malama O Puna Pahoa Holiday Parade). Contingency Relief funds from District 5 would be used towards the Mainstreet Pahoa Association's annual holiday parade in Pahoa. } Re: Comm. 1576 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. 823-08: Encourages the State of Hawaii to Work with the County of Hawaii in the Planning, Development, Mitigation, and Implementation Process Prior to the Proposed Operation of the Superferry to Hawaii Island. {Requests the State of Hawaii to include County agencies in the discussion and decision-making and that these actions be taken to ensure that the health, safety, and welfare of the people of Hawaii Island receive the highest consideration.} Re: Comm. 1579 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 Nlcmbcr Higa - 1. EXCUSED: Nonc. Hawaii County Council-51 Page 7 November 21, 2008 Res. 825-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Agriculture Research and Development Other Current Expense, Miscellaneous Contract Services (Kona Coffee Festival/2009 Kona Coffee Cultural Festival). Contingency Relief funds from District 8 would be used towards the 2009 Kona Coffee Cultural Festival.) Re: Comm. 1581 Intr. by: Mr. Pilago Waived: FC ADOPTED: AYES: Council Mcnibcrs Ford_ Ikeda- Jacobson_ Nacolc_ Pilago_ Yagong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcrnbcr Higa - 1. EXCUSED: 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.) BILLS FOR ORDINANCES (FIRST READING) Bill 375: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 6, Section 24-288, Schedule 36 (Freight loading zones), paragraph (c) (South Hilo), by repealing and deleting Subparagraph (6) in order to replace the existing freight loading zone with more diagonal parking along Kamehameha Avenue, on the mauka side, between Shipman Street and Wailuku Drive.) Re: Comm. 1495 Intr. by: Ms. Ford Approve: PWIRC-103 PASSED 1 ~ ' READING: AYES: Council Nlcmbcrs Ford_ Ikcda_ Jacobson_ Nacolc_ Pilago_ Yoshimoto_ and Chair Hoffmann - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Higa and Yagong- 2. EXCUSED: Nonc. Hawaii County Council-51 Page 8 November 21, 2008 Bill 376: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 5, Section 24-280, Schedule 28 (No parking at any time), paragraph (c) (South Hilo), Subparagraph (127) by removing no parking at any time on Pauahi Street, Puna side, from Kilauea Avenue for a distance 220 feet in the makai direction and from Aupum Street for a distance 200 feet in the mauka direction.) Re: Comm. 1496 Intr. by: Ms. Ford Approve: PWIRC-104 PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ 11,cda_ Jacobson. Nacolc_ Pilago_ Yagong_ )'oshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Higa - 1. EXCUSED: Nonc. Bill 377: 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 FY 2008 accounts: State Homeland Security Program and Citizen Corps Program. Funds would be used to prevent, deter, respond to, and recover from threats and incidents of terrorism; and it supports the County of Hawaii in leveraging funding to support Homeland Security Initiatives; the amounts in Bill 377 were incorrect, correct amounts are stated in Comm. 1506.2.} Re: Comm. 1506 Intr. by: Mr. Yagong Approve: FC-363 ANIENDED TO DRAFT 2 & PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Ikeda- Nacolc_ Pilago_ Yagon(,_ )'oshimoto_ and Chair Hoffmann - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Higa and Jacobson - 2. EXCUSED: Nonc. ;and Comm. 1506.2: From Council Member Dominic Yagong, dated October 27, 2008, transmitting a handout from Mr. Quince Mento containing the correct amounts to Bill 377. Hawaii County Council-51 Page 9 November 21, 2008 Bill 387: 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 PLANNING: North Kona Roads Planning ($275,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($275,000). Funds would be used to implement the Kona Community Development Plan by enabling the necessary preliminary steps to initiate financing or to move priority roads to a design-ready stage.) Re: Comm. 1529 Intr. by: Mr. Yagong Approve: FC-355 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 388: 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 PLANNING: Waikoloa Connector Roads ($350,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund- Fund Balance and/or Other Sources ($350,000). Funds would be used to study the feasibility of using a Community Facilities District (CFD) to finance the construction of a connector road from Waikoloa Village to Queen Ka`ahumanu Highway.) Re: Comm. 1530 Intr. by: Mr. Yagong Approve: FC-356 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 1~" READING: 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-51 Page 10 November 21, 2008 Bill 389: 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 PLANNING: Transit-Oriented Design (TOD) Villages Master Plans ($550,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($550,000). The project implements the recently adopted Kona and Puna Community Development Plans. Funds would be used to develop in more detail the components of a TOD, the level of detail of a master plan, and the process to prepare this plan.) Re: Comm. 1531 Intr. by: Mr. Yagong Approve: FC-357 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 1 ~ ' READING: A)'ES: Council Nlcmbcrs Ford_ 11,cda_ Jacobson_ Nacolc_ Pilago_ )'agong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Higa- 1. EXCUSED: Nonc. Bill 390: Amends Ordinance No. 95-119, Which Amended Ordinance No. 91-83, Which Amended Ordinance No. 87-9, Amending Section 25-8-7 (North and South Kohala Districts Zone Map) of the Hawaii County Code 1983 (2005 Edition), as Amended, Reclassifying Lands from Agricultural - 20 Acres (A-20a) to Agricultural - 3 Acres (A-3a) at Waika, North Kohala, Hawaii, Covered by Tax Map Key 5-9-007:003 (approx. 24.947 acres). { `Ohana Kohala Trust, Applicant.) Re: Comm. 1539 Intr. by: Mr. Pilago Approve: PC-101 PASSED 1~"' READING: A)'ES: Council Nlcmbcrs Ford_ 11,cda_ Jacobson_ Nacolc_ Pilago_ )'agong_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council Mcmbcr Higa- 1. EXCUSED: Nonc. Bill 391: Amends Section 25-8-33 (City of Hilo 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 - 10,000 Square Feet (RS-10) to Multiple Family Residential - 1,500 Square Feet (RM-1.5) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-4-001:116 (approx. 4 acres). {Honpa Hongwanji Hilo Betsuin, Applicant.} Re: Comm. 1551 Intr. by: Mr. Pilago Approve: PC-102 POSTPONED TO THE DECENIBER 17. 2008 COUNCIL MEETING Hawaii County Council-51 Page 11 November 21, 2008 Bill 392: 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 - Victims Services Coordinator ($2,469); appropriates same to Victims Services Coordinator. Additional funds would be used towards a Victims Services Coordinator to service the ongoing needs of victims from domestic violence/sexual assault while cases remain under investigation, and to purchase supplies.) Re: Comm. 1554 Intr. by: Mr. Yagong Approve: FC-361 PASSED 1'' READING: AYES: Council Mcmbcrs Ford_ Ikeda- Nacolc- Pilago- Yagong_ Yoshimoto_ and Chair Hoffmann - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Higa and Jacobson - 2. EXCUSED: Nonc. 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS ORDER OF THE DAY (SECOND OR FINAL READING) Bill 378: 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 - Sexual Violence Prevention and Planning ($14,900); appropriates same to Sexual Violence Prevention and Planning. Funds would be used to convene a Big Island group of sexual violence prevention stakeholders to provide input to the statewide Sexual Violence Prevention and Planning Committee.) Re: Comm. 1507 Intr. by: Mr. Yagong 1st Reading: November 7, 2008 PASSED 2"`" c~ FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson- Nacolc_ Pilago_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council McrnbcrYagong - 1. EXCUSED: Nonc. Hawaii County Council-51 Page 12 November 21, 2008 Bill 379: 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 - Hawaii County Police Department (HCPD) Clickit or Ticket ($2,100); appropriates same to HCPD Clickit or Ticket. Funds would be used in an effort to reduce fatalities and injuries to occupants aged 17 and under during motor vehicle collisions by attempting to increase the use of seatbelts by infants, toddlers, teenagers, and young adults.) Re: Comm. 1508 Intr. by: Mr. Yagong 1st Reading: November 7, 2008 PASSED 2`" c FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson. Nacolc- Pilago_ Yoshimoto_ and Cliair Hoffmann - 8. NOES: Nonc. ABSENT: Council Nlcmbcr)'agong - I. EXCUSED: Nonc. Bill 380: 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 - Hawaii County Police Department (HCPD) Roadblock Program ($15,500); appropriates same to HCPD Roadblock Program. Funds would be used in an effort to reduce the number of alcohol related fatalities and injuries, to increase public awareness, and to provide a deterrence against impaired driving by conducting impaired driving roadblocks.) Re: Comm. 1509 Intr. by: Mr. Yagong 1st Reading: November 7, 2008 PASSED 2`" c FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson- Nacolc_ Pilago_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council NlcmbcrYagorng - 1. EXCUSED: Nonc. Bill 381: 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 - Organized Crime Drug Enforcement Task Force ($20,000); appropriates same to Organized Crime Drug Enforcement Task Force.) Re: Comm. 1510 Intr. by: Mr. Yagong 1 st Reading: November 7, 2008 PASSED 2'''A- FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson. Nacolc_ Pilago_ Yoshimoto_ and Chair Hoffmann - (S. NOES: Nonc. ABSENT: Council Nlcmbcr)'agong - I. EXCUSED: Nonc. Hawaii County Council-51 Page 13 November 21, 2008 Bill 382: 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 - Aggressive Driving Project ($36,000); appropriates same to Aggressive Driving Project.} Re: Comm. 1511 Intr. by: Mr. Yagong 1st Reading: November 7, 2008 PASSED 2'''& FINAL READING: A)'ES: Council Mcmbcrs Ford_ Higa_ Ikcda_ Jacobson- Nacolc- Pilago_ Y'oshiuioto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council McmbcrYagong - I. EXCUSED: Nonc. Bill 383: 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 - Hawaii County Police Department (HCPD) Data Grant ($72,000); appropriates same to HCPD Data Grant.) Re: Comm. 1512 Intr. by: Mr. Yagong 1st Reading: November 7, 2008 PASSED 2"`" c~ FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikeda- Jacobson- Nacolc_ Pilago_ Yoshimoto_ and Chair Hoffmann - 8. NOES: Nonc. ABSENT: Council McmbcrYagong - I. EXCUSED: Nonc. Bill 384: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates and decreases revenues in the following: Federal Grants - Hawaii County Police Department (HCPD) Traffic Investigation Program ($18,570) and Federal Grants - HCPD Traffic Training and Equipment [$12,000], for a total of $6,570; appropriates same to HCPD Traffic Investigation Program.) Re: Comm. 1513 Intr. by: Mr. Yagong 1st Reading: November 7, 2008 PASSED 2"`" c~ 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. Hawaii County Council-51 Page 14 November 21, 2008 Bill 386: 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 Transfer from General Fund ($18,000); appropriates same to South Hilo Road - Other Current Expense. Funds would be used to install three paved pullouts along Ainalako Road in District 3.) Re: Comm. 1528 Intr. by: Mr. Yagong 1St Reading: November 7, 2008 PASSED 2'''& FINAL READING: AYES: Council Mcmbcrs Ford_ Higa_ Ikcda- Jacobson- Nacolc- Pdago_ )'agong_ )'oshimoto_ and Chair Hoffmann - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 393: 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 Transfer from General Fund ($2,500); appropriates same to Landfills - Other Current Expense (Miscellaneous Contractual Services: Green Lei Project The Outdoor Circle dba Kona Outdoor Circle). Funds would be used to provide a visual buffer around the Solid Waste facilities at Kealakehe. } Re: Comm. 1555 Intr. by: Mr. Yagong 1 st Reading: November 7, 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. Bill 394: 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 Transfer from General Fund ($10,000); appropriates same to The Food Basket Inc. (Hawai`i Island Food Bank - District 5). Funds would be used to purchase food for programs that feed the homeless, indigent, and hungry individuals and families.) Re: Comm. 1556 Intr. by: Mr. Yagong 1 st Reading: November 7, 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-51 Page 15 November 21, 2008 REPORTS PWIRC-101 Recommends approval of the nomination of Mr. Duane Hosaka (Council District 2) (Comm. 1543): to the Transportation Commission. APPRON'E 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. 1267.6: MELISSA M. CHANG V. COUNTY OF HAWAII, HAWAII COUNTY COUNCIL EEOC NO. 3713-2007-00006 From Deputy Corporation Counsel Joseph K. Kamelamela, dated November 10, 2008. FILED Comm. 1571: CLAIM AGAINST THE COUNTY/ROLAND J. AND CHRISTIE K. RAPOZA From Deputy Corporation Counsel Brooks Bancroft- dated November 7. 2008. CONCURRED \V'ITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 1572: DRAKE TERLEP V. JOHN KAPSKY, ET AL. CIVIL NO. 08-1-0201 From Deputy Corporation Counsel Michael J. Udovic_ dated November 5. 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 2:30 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 November 19, 2008. TTY users may use Relay Service (711)(961-8255) to contact our office. The agenda is available on the County Council-Clerk web page at http://co.hawaii.hi.us/council/agendas_and_actions.htm. Copies of the agenda and items listed on the agenda are available at the County Clerk's Office, 333 Kilauea Avenue, Hilo; the Office of the Mayor, 75-5706 Kuakini Highway, Suite 103, Kailua-Kona; the Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and the Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea. For further information, please call 961-8255. Hawaii County Council-51 Page 16 November 21, 2008 Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") § 92-3.5, the Hawaii County Council will be conducting its November 21, 2008, meeting via videoconference. Council Members will be present at the following locations: County Council Room - Ben Franklin Tower, 2nd 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. • 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, December 3, 2008, at 6 p.m.; Friday's, November 28 and December 5, 2008, at 12 p.m.; and Sunday's, November 30 and December 7, 2008, at 9 a.m. (Note: These airtimes are subject to preemption by broadcasts from the State Legislature.) UPCOMING MEETINGS MONDAY, DECEMBER 1, 2008 COUNCIL - SINE DIE 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COUNCIL - NEW 3:00 p.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, DECEMBER 16, 2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, DECEMBER 17, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA