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Home My WebLink AboutAGE COUNCIL 02/04/2009 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 5'h Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, February 4, 2009 9:00 a.m. INVOCATION Reverend Larry Walter of First United Protestant Church CALL TO ORDER 9:05 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-5 Page 2 February 4, 2009 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS, ORDER OF RESOLUTIONS, AND BILLS FOR ORDINANCES (FIRST READING) COMMUNICATIONS ORDER OF RESOLUTIONS Res. 768-08 Urges the Department of Transportation to Create a Reversible or Counterflow Lane (2006-2008): During Peak Commute Hours on Highway 130 at the Bottleneck Near Kea`au High School. {A reversible/counterflow lane is used to route traffic in one direction during the morning rush hour, the opposite direction in the afternoon or evening, and as a turning lane at most other times.) Re: Comm. 1494 Intr. by: Ms. Naeole Approve: PWIRC-99 Postponed: November 7, 2008 (Note: There is a pending motion by Ms. Naeole and duly seconded by Mr. Yoshimoto to approve Resolution 768-08.) POSTPONED TO THE FEBRUARY 19. 2000 COUNCIL MEETING 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 Kal6pa Sand Gulch Bypass Road Project, from Kamehameha Schools-Bishop Estate. {The County will be doing roadway improvements in the Kal6pa 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 1st Reading: January 23, 2009 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes PASSED 2"`" c~ FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Grccimcll and Hoffmann - 2. EXCUSED: Nonc. Hawaii County Council-5 Page 3 February 4, 2009 BILLS FOR ORDINANCES (FIRST READING) 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 391 Amends Section 25-8-33 (City of Hilo 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 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. 90.1 Intr. by: Mr. Ikeda Postponed: November 21 and December 17, 2008, and January 7, 2009 1st Reading: January 23, 2009 PASSED c FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Ikeda- Nacolc- Onishi_ Yagong_ and Chair Yoshimoto - 7. NOES: Council Mcmbcr Hoffmann - 1. ABSENT: Council Mcmbcr Grccnwcll - 1. EXCUSED: Nonc. 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 1 st Reading: January 23, 2009 PASSED 2'''A- FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Hoffmann- Ihccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Grccimcll - 1. EXCUSED: Nonc. Hawaii County Council-5 Page 4 February 4, 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 1 st Reading: January 23, 2009 PASSED FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Hoffmann- Il:ccla_ Nacolc_ Onishi_ l'agong_ and Chair )'oshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Grccimcll - 1. 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 1st Reading: January 23, 2009 PASSED FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Hoffmann- Il;cda_ Nacolc_ Onishi_ l'agong_ and Chair )'oshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Grccimcll - 1. EXCUSED: Nonc. REPORTS REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following matters, pursuant to Section 92-5(a)(2) for the purpose of considering the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held; and 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. 114: CLAIM AGAINST THE COUNTY OF HAWAII/GEORGE HOKAMA From Deputy Corporation Counsel Brooks Bancroft- dated Januarn 22. 2009. CONCLIRRED WITH THE RECOMMENDATION OF CORP. COLINSEL Hawaii County Council-5 Page 5 February 4, 2009 Comm. 116: APPLICANTS FOR THE LEGISLATIVE AUDITOR POSITION From Council Chair J Yoshimoto, dated January 26, 2009, requesting that this measure be agendized to evaluate applicants for the position of Legislative Auditor. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 117: LEGALITY OF THE COUNTY'S FAIR SHARE PROGRAM From Council Member Donald Ikeda, dated January 26, 2009, requesting the Corporation Counsel provide information on the above and that they be present for this discussion. FILED OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 3:16 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 February 2, 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. 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. 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 Hawaii County Council-5 Page 6 February 4, 2009 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 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 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, February 11 and 18, 2009, at 6 p.m.; Friday's, February 13 and 20, 2009, at 12 p.m.; and Sunday's, February 15 and 22, 2009, at 9 a.m. (Note: These airtimes are subject to preemption by broadcasts from the State Legislature.) UPCOMING MEETINGS 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 MONDAY, MARCH 2, 2009 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, MARCH 3, 2009 COUNCIL TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor