HomeMy WebLinkAboutAGE COUNCIL 01/23/2009 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
4'h Session
ORDER OF BUSINESS
Hawaii County Council
Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
Friday, January 23, 2009
9:00 a.m.
INVOCATION Senior Pastor James "Tex" Texeira of Solid Rock Ministries - Kona
CALL TO ORDER 9:03 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES November 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-4 Page 2 January 23, 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. 83: HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE
COMMITTEE OFFICERS FOR FISCAL YEAR 2009
From Council Member Dennis "Fresh" Onishi, dated December 30, 2008,
requesting approval of the proposed new slate of the HSAC Executive Committee
Officers for the remainder of the 2009 Fiscal Year: Nestor Garcia, President; Derek
S. K. Kawakami, Vice-President; Joseph Pontanilla, Treasurer; and Dennis "Fresh"
Onishi, Secretary.
Waived: PWIRC
FILED AND APPROVED THE SLATE OF OFFICERS
ORDER OF RESOLUTIONS
Res. 826-08 Urges the Director of the Department of Environmental Management to Develop an
(2006-2008): Ordinance and Implement a Plan to Prohibit Food, Paper and Compostable Organics
from Hawaii County Landfills by 2012. {Proposes that the County ban food,
paper, and compostable organics from the County's landfills by 2012 and
encourages the use of compostable organics; and urges the Environmental
Management Department to develop a plan to achieve the goals stated in this
resolution and to present its findings to the Council within six months upon the
passage of this measure.)
Re: Comm. 1582
Intr. by: Mr. Jacobson
Approve: EMC-21
AMENDED TO DRAFT 2& ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_
Nacolc_ Onislii_ Y'agong_ and Chair Yos}himoto - 9.
NOES: Nonc.
ABSENT: Nonc.
ENCLSED: Nonc.
;and
Comm. 91: From County Clerk Kenneth Goodenow, dated January 12, 2009, transmitting
proposed amendments to Resolution 826-08.
Hawaii County Council-4 Page 3 January 23, 2009
Res. 24-09: Authorizes the Acquisition of Private Properties by Eminent Domain, Being
Portions of Tax Map Keys: (3)4-4-009:003 and 008, Situate at Papalele, in the
District of Hamakua, County and State of Hawaii, for the Kalopa Sand Gulch
Bypass Road Project, from Kamehameha Schools-Bishop Estate. {The County will
be doing roadway improvements in the Kalopa Sand Gulch area and requires
acquisition of the following properties: Parcel 2 (.556 acres), TMK:(3)4-4-009:003
(por.); Parcel 3 (.408 acres), TMK:(3)4-4-009:003 (por.); and Parcel 4 (.807 acres)
TMK:(3)4-4-009:008 (por.). )
Re: Comm. 53
Intr. by: Mr. Yagong
Approve: FC-11
Note: First of two required readings, Section 101-13,
Hawaii Revised Statutes
PASSED FIRST OF T\\I'O REQUIRED READINGS:
A)'ES: Council Mcmbcrs Enriqucs_ Ford_ G-ccimcll_ Hoffmann_ Ikccla_
Nacolc_ Onishi_ Ya(,ong_ and Chair Yoshimoto - 1).
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 25-09: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal
Year for a Multi-Year Lease of Real Property for the Prosecuting Attorney's Kona
Office. {The County and the Landlord, Hawaiian State Enterprises, Ltd., wish to
enter into a second extension and amendment of the lease which extends the lease
period from June 30, 2011, to June 13, 2013, incorporates the expansion space as
part of the premises, and amends the monthly rent (located at the Kealakekua
Business Center, 81-190 Haleki`i Street, Kealakekua).}
Re: Comm. 54
Intr. by: Mr. Yagong
Approve: FC-12
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Ikcda_ Nacolc_
Onishi_ l'agong_ and Chair )'oshimoto - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Hoffmann - 1.
EXCUSED: Nonc.
Hawaii County Council-4 Page 4 January 23, 2009
Res. 26-09 Encourages Dialog Between the County of Hawaii, the State of Hawaii, and
(Draft 2): Appropriate Governmental Agencies of the United States of America, Regarding
Eligibility Under Any and All Existing or Proposed Economic Stimulus and
Stabilization Packages, Including, but Not Limited to, the New "Food, Conservation
and Energy Act of 2008". {Encourages the County and State of Hawaii to
commence dialog through interagency networking to begin the process of pursuing
and identifying various economic stimulus and stabilization packages that are
mutually beneficial to our County and State.)
Re: Comm. 57.4
Intr. by: Mr. Greenwell
Approve: FESC-1
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Il:cda_ Nacolc_
Onishi_ Yagong- and Chair- Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Mcrnbcr Hoffmann - 1.
EXCUSED: Nonc.
Res. 27-09: Authorizes the Receipt and Expenditure of the Hawaii State Coalition Against
Domestic Violence Grant of $40,000 for the Domestic Violence Strategic Plan
Project. {Funds would be used by the Office of the Prosecuting Attorney to
implement the coordinated community response to domestic violence and work on
the goals outlined in the 2007-2012 statewide strategic plan, as well as support the
activities of the County's Domestic Violence Task Force to increase victim safety
and battery accountability.)
Re: Comm. 59
Intr. by: Mr. Yagong
Approve: FC-15
ADOPTED:
AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_
Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-4 Page 5 January 23, 2009
Res. 28-09: Authorizes the Director of Finance to Negotiate a Lease of Real Property in Hilo,
Tax Map Key (3)2-2-020:014 (Portion), to the Center of Independent Living.
{Property consists of approx. 608.5 square feet of office space within the County's
Aging and Disability Resource Center located at 1055 Kino`ole Street in Hilo. The
Center for Independent Living would provide support to the Office of Aging
regarding inquiries for persons with disabilities.)
Re: Comm. 60
Intr. by: Mr. Yagong
Approve: FC-17
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Ikeda-
Nacolc_ Onishi, Yagong, and Chair )'oshimoto - 9.
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
(Draft 2): 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-1" 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. 61.10
Intr. by: Ms. Ford
Waived: PWIRC
Held Over Pursuant to
Council Rule 24(e): January 7, 2009
ADOPTED:
AYES: Council Mcmbcrs Ford_ Grccimcll_ Hoffmann- Nacolc_ and
Yagong -
NOES: Council Mcmbcrs Enriqucs_ Ikcda. Onishi_ and
Chair Yoshimoto - 4.
ABSENT: Nonc.
EXCUSED: Nonc.
(Note: There is a pending motion by Ms. Ford and duly seconded by
Ms. Naeole to approve Resolution 29-09, as amended (Draft 2).)
Hawaii County Council-4 Page 6 January 23, 2009
Res. 34-09: 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 Prosecuting Attorney's Office, Prosecuting Attorney
Other Current Expense (Neighbor Place of Puna-Ready to Learn Program).
Contingency Relief funds from District 5 would be used towards the Neighborhood
Place of "Puna Ready to Learn" Program.)
Re: Comm. 68
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.
Res. 40-09: Authorizes the Acceptance of a Donation of a Ford F-350, Model X-37, 4X4, Super
Duty, Super Cab, Diesel, Brush Fire Truck from the Daniel Sayre Memorial
Foundation to the Hawaii Fire Department. {The truck would be assigned to the
Kalaoa Volunteer Fire Station, 7-Bravo, in order to provide additional fire fighting
capabilities to the Kailua-Kona geographic region (total estimated value of
$38,650).}
Re: Comm. 74
Intr. by: Mr. Yagong
Waived: FC
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-4 Page 7 January 23, 2009
Res. 41-09: Authorizes and Accepts the Grant of Non-Exclusive Easement for Limited Public
Access Over Private Roadways for Temporary Mamalahoa Bypass Through
Hokuli`a Phase I and Haleki`i Street, in the Districts of North and South Kona,
Island, County and State of Hawaii. {Oceanside, for the benefit of the community,
consented to the proposed "Grant of Easement" and the Council finds that the
"Grant of Easement" and the opening of Phase I Bypass and Haleki`i Street under
the conditions and limited terms set forth in Ordinances 08-58, 08-59, and 08-64, as
may be amended, are in the public interest of traffic congestion relief and evaluation
of the best use of the Mamalahoa Bypass.)
Re: Comm. 93
Intr. by: Mr. Yoshimoto (B/R)
Waived: PWIRC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_
Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 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 LUNCHBREAK CLOSE TO THE NOONHOUR.)
Hawaii County Council-4 Page 8 January 23, 2009
BILLS FOR ORDINANCES (FIRST READING)
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 17, 2008, and
January 7, 2009
(Note: There is a pending motion by Mr. Pilago and duly seconded by
Ms. Naeole to approve Bill 391.)
AMENDED TO DRAFT 2 & PASSED I~' READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Il:cda_ Nacolc_
Onishi_ and Chair- Yoshimoto - 7.
NOES: Council Mcrnbcr Hoffmann - 1.
ABSENT: Council NlcmbcrYagorng - 1.
EXCUSED: Nonc.
;and
Comm. 90: From Council Member Donald Ikeda, dated January 8, 2009, transmitting proposed
amendments to Bill 391.
Bill 11: 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: Wireless Enhanced 911 (E911) Fees ($850,000) and
Wireless E911 System [$200,000], for a total of $650,000; appropriates to Wireless
E911 ($650,000). {The State of Hawaii Wireless Enhanced 911 Board reimburses
the County of approved purchases relating to the provision of technical functionality
for the wireless E911 service. The anticipated grant revenue was inadvertently
budgeted into another account (this measure appropriates the funds to the proper
accounts).)
Re: Comm. 55
Intr. by: Mr. Yagong
Approve: FC-13
PASSED 1~" READING:
A)'ES: Council Nlcmbcrs Enriqucs_ Ford_ Gvcimcll_ Hoffmann- Ihccla_
Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-4 Page 9 January 23, 2009
Bill 12: Amends Ordinance No. 04-59 of the County of Hawaii, as Heretofore Amended by
Ordinance No. 04-154, Pertaining to the Issuance of General Obligation Bonds for
the Purpose of Financing Various Public Improvements Described Therein. {Adds
language to the bond authorization ordinance, in which the County states that it may
incur some capital expenditures in advance of the issuance of the bonds and declares
its intent to reimburse itself in such cases.)
Re: Comm. 58
Intr. by: Mr. Yagong
Approve: FC-14
PASSED 1'' READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Ikeda-
Nacolc_ Onishi, Yagong, and Chair )'oshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 13: 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 State
Grants - Domestic Violence Strategic Plan ($40,000); appropriates same to
Domestic Violence Strategic Plan.)
Re: Comm. 59
Intr. by: Mr. Yagong
Approve: FC-16
PASSED 1 ~ ' READING:
A)'ES: Council Mcmbcrs Enriqucs_ Ford_ G-ccimcll_ Hoffmann- Ikccla_
Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
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
Hawaii County Council-4 Page 10 January 23, 2009
ORDER OF THE DAY (SECOND OR FINAL 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
1st Reading: January 7, 2009
PASSED c FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ikeda- Onishi_ Yagong_ and
Cliair Yoshimoto -
NOES: Council Mcmbcrs Ford_ Grccim cll, Hof iiann, and Nacolc - 4.
ABSENT: Nonc.
EXCUSED: Nonc.
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
1st Reading: January 7, 2009
PASSED 2`" c FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ikeda- Onishi_ Yagong_ and
Cliair Yoshimoto -
NOES: Council Mcmbcrs Ford_ Grccim cll_ Hoffmann, and Nacolc - 4.
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
1 st Reading: January 7, 2009
PASSED 2'''A- FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Ikeda-
Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-4 Page 11 January 23, 2009
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
1St Reading: January 7. 2009\
AMENDED TO DRAFT , & PASSED & FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll, Il:cda_ Nacolc_
Onishi_ Yagong_ and Chair Yos}himoto - 8.
NOES: Council Nlcmbcr Hoffmann - 1.
ABSENT: Nonc.
EXCUSED: Nonc.
;and
Comm. 62.9: From Council Member Donald Ikeda, dated January 12, 2009, transmitting
proposed amendments to Bill 322, Draft 2.
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
1St Reading: January 7, 2009
PASSED FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Ikeda-
Nacolc_ Onislii_ Yagong_ and Chair Yos}himoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-4 Page 12 January 23, 2009
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
1st Reading: January 7, 2009
PASSED 2"" c FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_
Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
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 (ownership may be turned over to the State of Hawai`i). }
Re: Comm. 12
Intr. by: Ms. Ford
1st Reading: January 7, 2009
PASSED 2"`" c~ FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ GrccimcIl_ Hoffmann_ Il:ccla_
Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-4 Page 13 January 23, 2009
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 (ownership may be turned over to the State of Hawai`i). }
Re: Comm. 13
Intr. by: Ms. Ford
1st Reading: January 7, 2009
PASSED 2"" c FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_
Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
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 (as 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)
1st Reading: January 7, 2009
PASSED 2"`" c~ FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ GrccimcIl_ Hoffmann_ Ikccla_
Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-4 Page 14 January 23, 2009
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
1St Reading: January 7, 2009
PASSED 2'''& FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
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
1St Reading: January 7, 2009
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2`' & FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Il:cda_
Nacolc_ Onislii_ Y'agong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
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
1 st Reading: January 7, 2009
PASSED 2'''A- FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Il:cda_
Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-4 Page 15 January 23, 2009
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
1st Reading: January 7, 2009
PASSED 2`" c FINAL READING:
AYES: Council Mcnibcrs Enriqucs_ Ford_ Grceimell_ Hoffmann- 11;cda_
Nacolc, Onishi_ )'agong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
REPORTS
FC-8 Recommends the confirmation of Mr. William Takaba as Managing Director.
(Comm. 45): APPROVED THE CONFIRMATION OF NIR. WILLIAM TAKABA AS
MANAGING DIRECTOR
FC-9 Recommends the confirmation of Ms. Nancv Crawford as Finance Director.
(Comm. 46): APPROVED THE CONFIRMATION OF NIS. NANCY CRAWFORD AS
FINANCE DIRECTOR
FC-10 Recommends the confirmation of Mr. Lincoln Ashida as Corporation Counsel.
(Comm. 47): APPROVED THE CONFIRNIATION OF MR. LINCOLN ASHIDA AS
CORPORATION COUNSEL
PWIRC-6 Recommends the confirmation of Mr. Warren H. W. Lee as Public Works Director.
(Comm. 48): APPROVED THE CONFIRMATION OF MR. WARREN H. W. LEE AS PUBLIC
WORKS DIRECTOR
REFERRALS FOR EXECUTIVE SESSION
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.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
Hawaii County Council-4 Page 16 January 23, 2009
ANNOUNCEMENTS
ADJOURNMENT 4:58 p.rn.
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 21, 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
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 January 23, 2009, meeting via videoconference. Council Members will be
present at the following locations:
County Council Room - Ben Franklin Tower, 2°d Floor, 333 Kilauea Avenue, Hilo, HI 96720
Sheraton Keauhou Bay Resort and Spa, 78-128 Ehukai Street, Kailua-Kona, HI 96740.
Videoconferencing is available at the following locations; Waimea will be available until 4:30 p.m., or later in the
event public witness testimony has not been completed:
• Hilo Council Room at the Ben Franklin Building, Second Floor; and
• Waimea Council Office at the Holomua Center.
If audio stream between Hilo and Kona is lost for more than a short period of time, the meeting will be
terminated.
• Videoconferencing from the Pahoa Neighborhood Facility will not be available.
Submitting Testimony: Those wishing to testify in person must register with the County Clerk's staff. Those
submitting written testimony at the meeting should bring 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 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, February 4, 2009, at 6 p.m.; Friday's, January 30 and February 6, 2009, at 12 p.m.; and Sunday's,
February 1 and 8, 2009, at 9 a.m. (Note: These airtimes are subject to preemption by broadcasts from the State
Legislature.)
Hawaii County Council-4 Page 17 January 23, 2009
UPCOMING MEETINGS
MONDAY, FEBRUARY 2, 2009
PWIRC PUBLIC 5:30 p.m. COUNCIL ROOM - HILO
HEARING RE: BILL 385 333 Kilauea Avenue
(2006-2008) (Building Ben Franklin Building
Energy Efficiency Second Floor
Standards)
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
TUESDAY, FEBRUARY 17, 2009
PWIRC PUBLIC 6:00 p.m. SHERATON KEAUHOU
HEARING RE: BILL 385 BAY RESORT & SPA
(2006-2008) (Building
Energy Efficiency
Standards)
WEDNESDAY, FEBRUARY 18, 2009
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
THURSDAY, FEBRUARY 19, 2009
COUNCIL TBA SHERATON KEAUHOU
BAY RESORT & SPA