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HomeMy WebLinkAboutAGE COUNCIL 01/07/2009 2008-2010 ACTIONS J YOSHIMOTO OJN<V OF M1~, GUY ENRIQUES Chair & Presiding Officer BRENDA FORD KELLY GREENWELL PETE HOFFMANN DONALD IKEDA Vice Chair +i` EMILY L NAEOLE ,TE OF'NF'~ DENNIS "FRESH" ONISHI DOMINIC YAGONG COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 3rd Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, January 7, 2009 9:00 a.m. INVOCATION Reverend Brian Welsh of Haili Church CALL TO ORDER 9:07 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 7, 2008 - APPROVED (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council-3 Page 2 January 7, 2009 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 65: PROCESSING OF CONTINGENCY RELIEF FUNDS From Corporation Counsel Lincoln S. T. Ashida, dated December 24, 2008, requesting an opportunity to address the Council on the processing of contingency relief funds, the legal parameters of the expenditure of these funds, and a general discussion of the public purpose doctrine. FILED ORDER OF RESOLUTIONS Res. 16-09: Creates a Water Safety Officer II Position for the Hawaii Fire Department. {Funds for this position would come from two vacant half-time positions for the establishment of a full time position to facilitate better scheduling and beach coverage.) Re: Comm. 29 Intr. by: Mr. Yagong Approve: FC-3 ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ihccla_ Nacolc- Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 17-09: Authorizes the Acceptance of a Donation of Two Ruffneck Basketball Systems for the Department of Parks and Recreation. {Donated by Ka`u Ho`olaule`a Ltd., for use at the Nd'dlehu Basketball Courts, with an estimated total value of $2,618.) Re: Comm. 30 Intr. by: Mr. Yagong Approve: FC-4 ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann- Ihcda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-3 Page 3 January 7, 2009 Res. 18-09: Authorizes the Acceptance of a Donation of a Desk for the Department of Parks and Recreation. {Donated by Finishing Touches Interiors, for use by the Parks and Recreation Department's administration office, with an estimated total value of $1,200.) Re: Comm. 31 Intr. by: Mr. Yagong Approve: FC-5 ADOPTED: A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_ Nacolc- Onishi_ Ya(,on(,_ and Chair )'oshimoto - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 19-09: Abolishes an Abstract Assistant III Position and Creates a Clerk II Within the Department of Finance's Vehicle and Licensing Division. {This position would address the need for additional administrative assistance in the Vehicle Registration and Licensing Division, and the expansion of services to satellite offices in South Kohala and Puna that would occur over the next year.) Re: Comm. 32 Intr. by: Mr. Yagong Approve: FC-6 ADOPTED: A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Gvcimcll_ Hoffmann- Ihccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 29-09: Requests the Legislature of the State of Hawaii to Enact a Bill to Establish a Pilot Program for Vote by Mail (VBM) for All Federal, State, and County Primary, General, and Special Elections in the County of Hawaii, and to Make an Appropriation for This Pilot Program. (Attaches the following: "Exhibit A" a proposed bill for a Hawaii County VBM Pilot Program; "Exhibit B" absentee ballot statistics; and "Exhibit U Oregon State's current "Vote by Mail Procedures Manual". This pilot program would serve as the exclusive method for casting ballots in the County of Hawaii beginning with the 2010 Primary Election and all other elections in the Year 2010, all elections in 2012, and continuing through all elections including the 2014 General Election.) Re: Comm. 61 Intr. by: Ms. Ford Waived: PWIRC AMENDED TO DRAFT 2 & HELD OVER PURSUANT TO COUNCIL RULE 24(c) Hawaii County Council-3 Page 4 January 7, 2009 Res. 30-09: 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 (2009 Waimea Cherry Blossom Heritage Festival). Contingency Relief funds from District 9 would be used to provide support for the 2009 Waimea Cherry Blossom Heritage Festival.) Re: Comm. 63 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Grccimell_ Hoffmann_ Ikcda_ Nacolc_ Onishi_ Yagong_ and Chair Yos}himoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ford - 1. EXCUSED: Nonc. Res. 31-09: 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 Liquor Control Public Programs, Miscellaneous Contract Services (Pahoa High and Intermediate School Grad Night 2009). Contingency Relief funds from District 5 would be used towards the Pahoa High and Intermediate School's Grad Night 2009.) Re: Comm. 64 Intr. by: Ms. Naeole Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Grccimcll_ Hof iiann_ Ikcda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Ford- I. EXCUSED: Nonc. Hawaii County Council-3 Page 5 January 7, 2009 Res. 32-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $450 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 7 would be used towards the design, fabrication, and installation of signs to identify "Exceptional Trees" of Hawaii County.) Re: Comm. 66 Intr. by: Ms. Ford Waived: FC ADOPTED: AYES: Council Mcnibcrs Enriqucs_ Ford_ Hoffmann_ I1,cda_ Nacolc_ Onishi_ Yagong_ and Chair- Yoshimoto - 8. NOES: Council Nlcmbcr Grccimcll - 1. ABSENT: Nonc. EXCUSED: Nonc. Res. 33-09: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Boys and Girls Club of the Big Island - Kea`au Club). Contingency Relief funds from District 3 would be used towards the Boys and Girls Club of the Big Island's Skills Mastery and Resistance Training Moves Program in Kea`au. } Re: Comm. 67 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikcda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-3 Page 6 January 7, 2009 Res. 35-09: Requests the Initiation of a Speed Study at the 35 Miles Per Hour and the 45 Miles Per Hour Speed Zones on the Puainako Street Extension, South Hilo. {Requests that the Public Works Department initiate a speed study on the Puainako Street Extension in order to consider the possibility of speed limit changes.) Re: Comm. 69 Intr. by: Ms. Ford Waived: PWIRC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 36-09: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Friends of the Children's Justice Center of East Hawai`i). Contingency Relief funds from District 5 would be used towards the Office of the Prosecuting Attorney's Friends of the Children's Justice Center of East Hawaii program.) Re: Comm. 70 Intr. by: Ms. Naeole Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-3 Page 7 January 7, 2009 Res. 37-09: 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 Prosecuting Attorney, Prosecuting Attorney Other Current Expense, Miscellaneous Contract Services (Ka`u High Athletic Boosters Club). Contingency Relief funds from District 6 would be used towards the Ho`olaule`a Family Fun and Keiki Fishing Tournament events to be held on January 18, 2009, at Punalu`u Beach Park.} Re: Comm. 71 Intr. by: Mr. Enriques Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 38-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $13,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Boys and Girls Club of the Big Island). Contingency Relief funds from District 5 would be used towards operational expenses for the Boys and Girls Club of the Big Island's Pahoa unit.) Re: Comm. 72 Intr. by: Ms. Naeole Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-3 Page 8 January 7, 2009 Res. 39-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $700 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense Miscellaneous Charges (Community Policing and Problem Solving). Contingency Relief funds from District 7 would be used towards co-sponsorship of a recently held two-day class "Creating Community - Police Problem Solving Teams" by the Western Community Policing Institute.) Re: Comm. 73 Intr. by: Ms. Ford Waived: FC ADOPTED: AYES: Council Mcnibcrs Enriqucs_ Ford_ G-ceimell_ Hoffmann_ Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. 10:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) BILLS FOR ORDINANCES (FIRST READING) Bill 2 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (2006-2008): Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 20 Acres (A-20a) to Agricultural - 10 Acres (A-IOa) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-27:14 (approx. 21.088 acres). {Winton Nicholson, Inc., Applicant.} Re: Comm. 4 Intr. by: Mr. Pilago Approve: PC-3 PASSED 1'' READING: AYES: Council Mcnibcrs Enriqucs_ Ford_ G-ceimell_ Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 8. NOES: Council Nlcmbcr Hoffmann - 1. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-3 Page 9 January 7, 2009 Bill 28 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (2006-2008): Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 20 Acre (A-20a) to Agricultural - 10 Acre (A-IOa) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-026:017 (approx. 20.913 acres). {Scott Olin, Applicant.} Re: Comm. 89 Intr. by: Mr. Pilago Approve: PC-4 PASSED 1~' READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Ikeda_ Onislii_ Yagong_ and Chair Yoshimoto - 7. NOES: Council Mcmbcrs Hoffmann and Nacolc - 2. ABSENT: Nonc. EXCUSED: Nonc. Bill 317 Amends the State Land Use Boundaries Maps for the County of Hawaii by (2006-2008): Changing the District Classification from the Agricultural to the Urban District at Kapalaalaea 2 d, North Kona, Hawaii, Covered by Tax Map Key 7-7-008:121 (approx. 11.05 acres). {Kona Heights, LLC, Applicant.} Re: Comm. 1299 Intr. by: Mr. Pilago Approve: PC-1 PASSED 1 ~ ' READING: AYES: Council Mcmbcrs Enriqucs_ Hoffmann- 11:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 7. NOES: Council Mcmbcrs Ford and Grccimcll - 2. ABSENT: Nonc. EXCUSED: Nonc. Bill 322 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning (Draft 2) Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District (2006-2008): Classification from Agricultural - 5 Acres (A-5a) to Single Family Residential - 7,500 Square Feet (RS-7.5) at Kapalaalaea 2 d, North Kona, Hawaii, Covered by Tax Map Key 7-7-008:121 (approx. 11.05 acres). {Kona Heights, LLC, Applicant.} Re: Comm. 62 Intr. by: Mr. Ikeda Approve: PC-2 PASSED 1 ~ ' READING: AYES: Council Mcmbcrs Enriqucs_ Ikeda. Nacolc, Onishi_ and Chair Yoshimoto - NOES: Council Mcmbcrs Ford_ Grccimcll_ and Yagong- 3. ABSENT: Council Mcmbcr Hoffmann - 1. EXCUSED: Nonc. Hawaii County Council-3 Page 10 January 7, 2009 Bill 391 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (2006-2008): 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: November 21 and December IT 2008 POSTPONED TO THE JANUARY 23, 2009, COUNCIL NIEETING (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Naeole to approve Bill 391.) Bill 1: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 4, Section 24-276, Schedule 24 (Crosswalks), paragraph (f) Kona, by adding "Ali`i Drive in Kailua-Kona, eight hundred seventy feet southeast of Royal Poinciana Drive", in an effort to increase the number of marked crosswalks in the area.) Re: Comm. 10 Intr. by: Ms. Ford Approve: PWIRC-1 PASSED 1'` READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll, Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Hoffmann and Ikcda - I EXCUSED: Nonc. Bill 2: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 4, Section 24-276, Schedule 24 (Crosswalks), paragraph (f) Kona, by adding "Ali`i Drive in Kailua-Kona, one thousand three hundred five feet southeast of Royal Poinciana Drive", in an effort to increase the number of marked crosswalks in the area.) Re: Comm. 11 Intr. by: Ms. Ford Approve: PWIRC-2 PASSED 1'` READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Hoffmann and 11,cda - I EXCUSED: Nonc. Hawaii County Council-3 Page 11 January 7, 2009 Bill 3: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1, Section 24-260, Schedule 8 (45 mile per hour limit), paragraph (c) South Hilo, by adding "Puainako Street Extension, from Komohana Street to a point five hundred eighty-four feet east of Wilder Road". The proposed amendment is for traffic enforcement purposes, while the subject road is still under the County of Hawai`i's jurisdiction (the future plan is to turn ownership over to the State of Hawai`i). } Re: Comm. 12 Intr. by: Ms. Ford Approve: PWIRC-3 PASSED 1'' READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Nacolc_ Onishi_ Yagong, and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Hoffmann and Ikeda - 2. EXCUSED: Nonc. Bill 4: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1, Section 24-257, Schedule 5 (35 mile per hour limit), paragraph (c) South Hilo, by adding "Puainako Street Extension, from five hundred eighty-four feet east of Wilder Road to western terminus". The proposed amendment is for traffic enforcement purposes, while the subject road is still under the County of Hawai`i's jurisdiction (the future plan is to turn ownership over to the State of Hawai`i). } Re: Comm. 13 Intr. by: Ms. Ford Approve: PWIRC-4 PASSED 1~" READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Nacolc_ Onishi, Yagong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Hoffinarnn and Ikeda - 2. EXCUSED: Nonc. Hawaii County Council-3 Page 12 January 7, 2009 Bill 5: Amends Ordinance No. 08-64, Which Amended Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Section 5 of Ordinance 08-64 to provide that the Haleki`i Street extension be open to the public as a vehicular thoroughfare (was a one-way street for specific time periods) in order to open the Bypass for evening one-way traffic. The ordinance will be effective upon dedication and acceptance of the section of Haleki`i Street or when the landowner grants an easement to the County.) Re: Comm. 27 Intr. by: Mr. Yoshimoto (B/R) Approve: PWIRC-5 PASSED 1'' READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll, Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Hoffmann and Ikcda - 2. EXCUSED: Nonc. Bill 6: 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 Fund Balance from Previous Year ($23,014); appropriates same to Geothermal Parks and Recreation, Equipment. {Funds would be used to purchase durable, plastic lockers and benches for the locker rooms at the Pahoa Community Aquatic Center.) Re: Comm. 28 Intr. by: Mr. Yagong Approve: FC-2 PASSED 1 READING: AYES: Council Mcmbcrs Enriqucs_ Grccimell_ 11,cda_ Nacolc_ Onishi_ )'agong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Ford and Hof iiann - 2. EXCUSED: Nonc. Bill 7: Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008 to June 30, 2009. {Adds PUBLIC WORKS: Bridge Repairs - Islandwide ($2,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($2,500,000). Funds shall be used towards repairs to existing County bridges islandwide. } Re: Comm. 33 Intr. by: Mr. Yagong Approve: FC-7 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 1'' READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll, Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Hoffmann - 1. EXCUSED: Nonc. Hawaii County Council-3 Page 13 January 7, 2009 Bill 9: Amends Chapter 25, Article 2, Division 7, Section 25-2-71, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Zoning Code. {Amends Ordinance 08-155 to rectify an unintentional alteration of the affected subsection of the Zoning Code regarding plan approval for use permits.) Re: Comm. 39 Intr. by: Mr. Yoshimoto Waived: PC PASSED 1~" READING: A)'ES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Ikccla_ Nacolc_ Ouishi_ Yagong_ and Cliair Y'oshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Hoffmann - 1. EXCUSED: Nonc. Bill 10: 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 - Neighborhood Stabilization Program (NSP) ($5,374,200); appropriates to the following Kaloko Rental Housing Project- Catholic Charities - Kaloko LLC ($4,887,800) and Office of Housing and Community Development (OHCD)- Administration ($486,400), for a total of $5,374,200.} Re: Comm. 51 Intr. by: Mr. Hoffmann Approve: CHA - December 16, 2008 PASSED 1~" READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Ikcda_ Nacolc_ Onishi_ )'agong_ and Chair loshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Hoffmann - 1. EXCUSED: Nonc. 1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS Hawaii County Council-3 Page 14 January 7, 2009 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 395 Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of (2006-2008): Hawaii for the Fiscal Year Ending June 30, 2009. Increases revenues in Federal Grants-Law Enforcement Investigations Standby Pay ($46,904); appropriates same to Law Enforcement Investigations Standby Pay.) Re: Comm. 1573 Intr. by: Mr. Yagong 1 st Reading: December 17, 2008 PASSED FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll, 11:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Hoffmann - 1. EXCUSED: Nonc. Bill 396 Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of (2006-2008): Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Fund Balance from Previous Year ($1,567,394); appropriates to the following: Traffic Division Other Current Expense ($51,500), Traffic Division Equipment ($200,000), Traffic Signals and Street Lights ($86,700), Traffic Signs and Markings ($1,800), Highway Maintenance Administration Other Current Expense ($7,064), Highway Maintenance Administration Equipment ($70,000), South Hilo Road Other Current Expense ($103,286), North Hilo/Hamakua Other Current Expense ($25,181), North and South Kohala Road Other Current Expense ($83,468), North and South Kona Road Other Current Expense ($50,659), Ka`u Road Other Current Expense ($17,958), Puna Road Other Current Expense ($45,079), Highway Fund-Mass Transit Other Current Expense ($524,699), and Highway Fund-Mass Transit Equipment ($300,000), for a total of $1,567,394. Pursuant to Section 10-8 of the Hawaii County Charter relating to supplemental appropriations, certifies that there is a balance of $3,307,209.24 in the Highway Fund fund balance as of June 30, 2008. Appropriates $1,567,394 to various traffic division, highway maintenance, and transit accounts; and the remaining balance of $1,739,815.24 will be kept in reserve for anticipated revenue decline and future appropriation needs.) Re: Comm. 1574 Intr. by: Mr. Yagong 1st Reading: December 17, 2008 PASSED 2`" c FINAL READING: Al' ES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ 11:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Hoffmann - 1. EXCUSED: Nonc. Hawaii County Council-3 Page 15 January 7, 2009 Bill 397 Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of (2006-2008): Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Federal Grants-Organized Crime Drug Enforcement Task Force ($20,000); appropriates same to Organized Crime Drug Enforcement Task Force.) Re: Comm. 1578 Intr. by: Mr. Yagong 1st Reading: December 17, 2008 PASSED 2'''& FINAL READING: A)'ES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Ihccla_ Nacolc_ Ouishi_ Yagong_ and Cliair Y'oshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Hoffmann - 1. EXCUSED: Nonc. Bill 8: Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008 to June 30, 2009. (Adds PUBLIC WORKS: Palani Road Safety Improvements-Federal ($686,000); funds shall be provided from Federal Grants Receivable ($686,000). Funds would be used towards the Palani Road Safety Improvement Project which would realign the eastern terminus of Kealaka`a Street to intersect Palani Road at Palihiolo Street forming a new intersection in an effort to improve vehicular and pedestrian access and safety.) Re: Comm. 34 Intr. by: Mr. Yagong 1st Reading: December 17, 2008 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 2`' c FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ 11:cda_ Nacolc_ Onishi_ Yagong_ and Chair- Yoshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Hoffmann - 1. EXCUSED: Nonc. REPORTS FC-1 Recommends acceptance of two monetary donations (of $83.71 each), totaling (Comm. 25): $167.42, by Mr. Jason Takeya and Ms. Elisa Young to the Parks and Recreation Department, and would be used for the primate enrichment at the Pana`ewa Rainforest Zoo and Gardens. APPROVED Hawaii County Council-3 Page 16 January 7, 2009 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. 42: MALIA LOPETI V LEROY F. FUJISHIGE ET AL. CIVIL NO. 08-1-073K From Deputy Corporation Counsel Michael J. Udovic- dated December 15, 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 43: ROWENA JACINTO V LEROY F. FUJISHIGE, ET AL. CIVIL NO. 08-1-116K From Deputy Corporation Counsel Michael J. Udovic. dated December 15. 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 75: CLAIM AGAINST THE COUNTY OF HAWAII/PRESTON SATO From Deputy Corporation Counsel Brooks Bancroft- dated December 22. 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 76: CLAIM AGAINST THE COUNTY OF HAWAII/JOHN ROZETT From Deputy Corporation Counsel Brooks Bancroft- dated December 22, 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 77: GLENN SCHMEDES V KELLY MONIZ, COUNTY OF HAWAII, ET AL. CIVIL NO. CV08-00331 DAE/LEK From Deputy Corporation Counsel Michael J. Udovic_ dated December 23, 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 5:04 p.m. Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by January 5, 2009. 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 Hawaii County Council-3 Page 17 January 7, 2009 Highway, Suite 103, Kailua-Kona; the Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and the Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea. For further information, please call 961-8255. Videoconferencing is available at the following locations; 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 for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. In the event of an unanticipated emergency situation, including but not limited to: severe adverse weather conditions, road closures, or natural disasters, the Hawaii County Council and its Committees may conduct its meetings via videoconference pursuant to Hawaii Revised Statutes § 92-3.5. If that occurs, individual Council Members may be at either the meeting site or one of the videoconference sites. If the audio stream is lost for more than a short period of time, the meeting will be terminated. Submitting Testimony: Those wishing to testify in person must register with the County Clerk's staff. Those submitting written testimony at the meeting should bring fifteen (15) 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 counciltestimonykco.hawaii.hi.us. Please submit separate testimony for each item. Copies will be distributed at the meeting only if they are received before 12:00 noon on the business day prior to the meeting. 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, January 14 and 21, 2009, at 6 p.m.; Friday's, January 16 and 23, 2009, at 12 p.m.; and Sunday's, January 18 and 25, 2009, at 9 a.m. (Note: These airtimes are subject to preemption by broadcasts from the State Legislature.) UPCOMING MEETINGS FRIDAY, JANUARY 23, 2009 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, FEBRUARY 3, 2009 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, FEBRUARY 4, 2009 COUNCIL TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-3 Page 18 January 7, 2009 WEDNESDAY, FEBRUARY 18, 2009 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA THURSDAY, FEBRUARY 19, 2009 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA