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Home My WebLink AboutAGE COUNCIL 02/19/2009 2008-2010J YOSHIMOTO Chair c@ Presiding Officer PETE HOFFMANN Vice Chair 6ih Session COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawar'i 96720 ORDER OF BUSINESS IN V OCAT[ON CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Thursday, February 19, 2009 9:00 a.m. Pastor Keith Elliott of Kona Church of God November 21, 2009 GUY ENRIQUES BRENDA FORD KELLY GREENWELL DONALDTKEDA EMILY I. NAEOLE DENNIS "FRESH" ONISHI DOMINIC YAGONG i) r.. c=r ~L~ m :: ; N r'r. K ' ti F'. ;~'' i I 3 ` r- , . _. c~~ rre i i i tV l~~ :_-~ti ti r, N r ~ (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council-6 Page 2 February 19, 2009 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON REFERRALS FOR EXECUTIVE SESSION (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) 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 HRS Section 92-4 and Rule 11 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 116.3: APPLICANT INTERVIEWS FOR THE LEGISLATIVE AUDITOR POSITION From Council Chair J Yoshimoto, dated February 5, 2009, requesting that this measure be agendized to interview applicants and that the Council may deliberate and vote to select an applicant for the position of Legislative Auditor following executive session. Comm. 117.2: REQUEST FOR PRIVILEGED COMMUNICATION From Council Chair J Yoshimoto, dated February 6, 2009, informing the Council that Mr. Reed Flickinger, Editor, West Hawaii Today, is requesting the release of the Corporation Counsel's opinion regarding the legality of "fair share assessments" for developers. Comm. 139: DEVIN C. K STUBBS VS. VICTOR McLELLAN, ET AL. CIVIL NO. 08-00366 JMS/LEK From Deputy Corporation Counsel Brooks L. Bancroft, dated February 6, 2009. Comm. 140: MELISSA M. CHANG V. COUNTY OF HAWAII, HAWAII COUNTY COUNCIL EEOC NO. 37B-2007-00006 From Deputy Corporation Counsel Joseph K Kamelamela, dated February 5, 2009, regarding a proposed resolution of the above-titled matter. Hawaii County Council-6 Page 3 February 19, 2009 Comm. 142: STACY S. K HIGA, JANICE M. N. HIGA VS. COUNTY OF HAWAII, LINCOLN ASHIDA AS THE CORPORATION COUNSEL FOR THE COUNTY OF HAWAII, ET AL. CIVIL NO. 08-1-0293 (THIRD CIRCUIT COURT); AND STACY HIGA VS. NAOMI EARP, 1N HER OFFICIAL CAPACITY AS CHAIR AND HEAD OF THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMISSION; LINCOLN ASHIDA, IN HIS OFFICIAL CAPACITY AS CORPORATION COUNSEL, COUNTY OF HAWAII CIVIL NO. CV08-00411 (UNITED STATES DISTRICT COURT, DISTRICT OF HAWAII) From Assistant Corporation Counsel Katherine A. Garson, dated February 5, 2009, stating that Special Counsel for the above-referenced cases (attorneys from the law firm of Ayabe, Chong, Nishimoto, Sia & Nakamura) will be present. 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS, ORDER OF RESOLUTIONS, BILLS FOR ORDINANCES (FIRST READING), ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, AND OTHER BUSINESS 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, and February 4, 2009 (Note: There is a pending motion by Ms. Naeole and duly seconded by Mr. Yoshimoto to approve Resolution 768-08.) Res. 42-09: Authorizes the Acceptance of a Hand Painted Fiberglass Honu Artwork for the Department of Parks and Recreation. {Donated by Newton and Roberta Chu (total estimated value of $3,000) to be displayed at the Pana`ewa Rainforest Zoo and Gardens. } Re: Comm. 102 Intr. by: Mr. Yagong Approve: FC-19 Hawaii County Council-6 Page 4 February 19, 2009 Res. 43-09: Authorizes the Mayor to Enter Into aMulti-Year (2 Year) Extension Agreement with Maui Varieties Investments, Inc., for the Na`alehu Ambulance Unit (Base of Operations). {The current lease of 1,026 square feet of office space located at 95-1163 Ka`alaiki Road, Na`alehu, expires on May 1, 2009. This extension would commence on May 1, 2009, with a monthly rent of $1,346.63 plus general excise tax, and includes the cost of common area maintenance. } Re: Comm. 104 Intr. by: Mr. Yagong Approve: FC-21 Res. 44-09: Authorizes the Mayor to Enter Into aMulti-Year (2 Year) Extension Agreement with K. Taniguchi, Ltd., for the Hanama Place Office Building. {The current lease of office space located at 75-5796 Kuakini Highway, Kailua-Kona, expires on June 30, 2009. This extension would remain at the current annual lease rent, which includes the cost of common area maintenance. The County reserves the right to terminate the extension with six months' written notice once construction of a new County facility begins in Kona. } Re: Comm. 105 Intr. by: Mr. Yagong Approve: FC-22 Res. 45-09: Authorizes the Acceptance of Professional & Expertise Services (Valued Up to $15,000) from the American Institute of Architects, as Part of Their 2009 Sustainable Design Assessment Team Program. {Funds would be used to send a multidisciplinary team of professionals from across the country to Hilo for three days to work with our community decision-makers and stakeholders to help develop a sustainable future for Downtown Hilo. } Re: Comm. 106 Intr. by: Mr. Yagong Approve: FC-23 Res. 46-09: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Health, Pursuant to HRS 46-7, for the Sustainable Design Assessment Team (SDAT) Program. {Authorizes the Mayor to execute a Memorandum of Agreement with the State Department of Health to enable the County to accept the State's funding and use it towards the 2009 Sustainable Design Assessment Team Program (Exhibit 1).} Re: Comm. 106 Intr. by: Mr. Yagong Approve: FC-24 Hawaii County Council-6 Page 5 February 19, 2009 Res. 47-09: Authorizes the Abandonment and Disposition of Government Remnant Situate at Wai`aha ,District of North Kona, County and State of Hawaii, Being a Portion of Tax Map Key.(3)7-5-015:015. {The remnant (0.293 acre) was used by the Department of Water Supply for its Wai`aha tank; however, the Water Board on August 22, 2006, agreed that they had no need for the piece of property and that it could be sold by the County. The Director of Finance is authorized to sell the remnant without recourse to public auction and shall be first offered for sale to the abutting landowner. } Re: Comm. 110 Intr. by: Ms. Ford Approve: PWIRC-12 Res. 48-09: Authorizes the Acceptance of the Donation of Lot 13-C, Situate at Kaiwiki 3rd, District of South Hilo, County and State of Hawaii, Being a Portion of Tax Map Key.(3)2-9-004-028 (approx..018 acre), from Charles P. Cavedoni and Rong Hua. {Donation of the roadway encroachment would be made a part of the public right- of-way. } Re: Comm. 111 Intr. by: Ms. Ford Approve: PWIRC-13 Res. 49-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Hawaii County Police Department/Animal Control Humane Society Miscellaneous Contract Services (AdvoCATS, Inc. -spay and neuter program). Contingency Relief funds from District 7 would be used to supplement and defray costs to spay and neuter feral cats. } Re: Comm. 120 Intr. by: Ms. Ford Waived: FC Res. 50-09: Amends Resolution No. 776-08, Relating to Transferring/Appropriating an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Resolution 776-08 initially appropriated funds ($3,000) to the Kona Family YMCA. This request appropriates the funds to the Island of Hawaii YMCA.} Re: Comm. 126 Intr. by: Ms. Ford Waived: FC Hawaii County Council-6 Page 6 February 19, 2009 Res. 54-09: 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 Support of the County of Hawai`i's Multi-Hazard Mitigation Plan Update. {Authorizes the Mayor to execute a Memorandum of Agreement with the State Civil Defense for their support of the County of Hawai`i's Multi-Hazard Mitigation Plan Update (Exhibit A).} Re: Comm. 137 Intr. by: Mr. Yagong Waived: FC Res. 55-09: Requests the Governor of the State of Hawaii and State Legislature to Continue Funding and Restore Full Funding to the Hawaii Healthy Start Program or Consider Funding 80% (9.46 Million) if Budget Cuts Must be Made. {Hawai`i Healthy Start (HHS) is the only program in Hawaii providing preventive in-home services to the pregnant and families of newborns deemed at risk for unfavorable outcomes, such as developmental delay, abuse, or neglect. Since receiving a budget cut of 33% of its original funding in FY08-09, HHS Hawaii Island is currently only able to service 470 families, compared to 700 families (FY07-08) when fully funded. } Re: Comm. 138 Intr. by: Mr. Enriques Waived: FC Res. 56-09: 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 Department of Parks and Recreation Culture/Arts Other Current Expense (TE HA`A LEHUA workshop). Contingency Relief funds from District 5 would be used towards the TE HA`A LEHUA hula costume workshop scheduled for May 2009. } Re: Comm. 143 Intr. by: Ms. Naeole Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 14: 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 anytime), paragraph (f), Kona, by adding Manawale`a Street, both sides. Amendment is necessary due to the added no parking at anytime areas and bicycle facility as a part of the La`i`opua Connector Road Project. } Re: Comm. 78 Intr. by: Ms. Ford Approve: PWIRC-7 Hawaii County Council-6 Page 7 February 19, 2009 Bill 15: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 9, Section 24-294, Schedule 42 (Bicycle lanes), paragraph (f), Kona, by adding Manawale`a Street, both sides. Amendment is necessary due to the added bicycle facility as part of the La`i`opua Connector Road Project.} Re: Comm. 79 Intr. by: Ms. Ford Approve: PWIRC-8 Bill 16: 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 24-255, Schedule 3 (25 mile per hour limit), paragraph (f), Kona, by adding Manawale`a Street, both sides. Amendment is necessary due to the added 25 mile per hour limit as part of the La`i`opua Connector Road Project.} Re: Comm. 80 Intr. by: Ms. Ford Approve: PWIRC-9 Bill 17: 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: Laupahoehoe Point Access Road ($3,500,000); funds shall be provided from General Obligation Bonds, Capitol Projects Fund -Fund Balance and/or Other Sources ($3,500,000). {Funds would be used for the repair and upgrade of the Laupahoehoe Point Access Road. } Re: Comm. 82 Intr. by: Mr. Yagong Approve: FC-18 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bi1122: 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 State Grants -Sustainable Design Assessment Team Program ($5,000); appropriates same to Sustainable Design Assessment Team Program (American Institute of Architects). } Re: Comm. 106 Intr. by: Mr. Yagong Approve: FC-25 Hawaii County Council-6 Page 8 February 19, 2009 Bi1123: Amends Chapter 19, Article 11, Section 19-90, and Article 10, Sections 19-75 and 19-89.5, Hawaii County Code (2005 Edition, as Amended), Relating to the Determination of Real Property Tax Rates. {Proposes to amend the current process by which the Council sets the real property tax rate for each class of property. } Re: Comm. 107 Intr. by. Mr. Yagong (B/R) Approve: FC-26 Bi1124: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-274.1, Schedule 22.1 (Traffic signal systems), paragraph (c), South Hilo, by adding Kino`ole Street/Kamana Street. Amendment is necessary to update the Hawaii County Code.} Re: Comm. 108 Intr. by: Ms. Ford Approve: PWIRC-10 Bi1125: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-274.1, Schedule 22.1 (Traffic signal systems), paragraph (c), South Hilo, by adding Mohouli Street/Kumukoa Street. Amendment is necessary to update the Hawaii County Code.} Re: Comm. 109 Intr. by: Ms. Ford Approve: PWIRC-11 Bi1126: 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 -Police Department Sexual Assault Forensic Examiner (SAFE) Standby Pay ($11,136); appropriates same to SAFE Standby Pay. Additional funds would be used to compensate the SAFE nurses on standby status and waiting to conduct an examination on victims of sexual assault, at any time of the day or week. } Re: Comm. 112 Intr. by: Mr. Yagong Approve: FC-27 ORDER OF THE DAY (SECOND OR FINAL READING) Hawaii County Council-6 Page 9 February 19, 2009 REPORTS FC-20 Recommends acceptance of two donkeys (estimated total value of $600) by (Comm. 103): Mr. Leningrad Elarionoff to the Parks and Recreation Department, Pana`ewa Rainforest Zoo and Gardens, and the transportation of these donkeys to the zoo by Parker Ranch Livestock Operations; and $250 by Firefighters Charitable Foundation to the Fire Department to purchase fire prevention materials. FC-28 Recommends approval of the nomination of the following individuals to the (Comm. 113): 2009 Charter Commission: Daphne Honma (Hamakua), Joseph Kealoha (Kohala), Seth Murashige (Hilo), Edmund Haitsuka (Kona), Todd Shumway (Hilo), Scott Unger (Kona), Casey Jarman (Ka`u), Susie Osborne (Puna), and David Fuertes (Kohala). PC-5 Recommends approval of the nomination of Mr. Arthur Taniguchi (Council (Comm. 87): District 2) to the Water Board. PSPRC-1 Recommends approval of the renomination of Mr. Benjamin M. Watai, Sr. (Council (Comm. 86): District 8), to the Transportation Commission. PSPRC-2 Recommends the confirmation of Mr. Robert A. Fitzgerald as Parks and Recreation (Comm.88): Director. EMC-1 Recommends the confirmation of Mr. Lono Tyson as Environmental Management (Comm.98): Director. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 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 ca11961-8255 by February 17, 2009. TTY users may use Relay Service (711)(961-8255) to contact our office. Hawaii County Council-6 Page 10 February 19, 2009 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 ca11961-8255. Videoconferencin~ is available at the following locations; Waimea will be available unti14:30 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 for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. 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 Aupuni St., Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony~,co.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 25 and March 4, 2009, at 6 p.m.; Friday's, February 27 and March 6, 2009, at 12 p.m.; and Sunday's, March 1 and 8, 2009, at 9 a.m. (Note: These airtimes are subject to preemption by broadcasts from the State Legislature.) UPCOMING MEETINGS MONDAY, MARCH 2, 2009 COMMITTEES TBA TUESDAY, MARCH 3, 2009 COUNCIL TBA TUESDAY, MARCH 17, 2009 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor SHERATON KEAUHOU BAY RESORT & SPA Hawaii County Council-6 Page 11 February 19, 2009 COUNCIL WEDNESDAY, MARCH 18, 2009 TBA SHERATON KEAUHOU BAY RESORT & SPA COUNCIL PUBLIC HEARING RE OPERATING AND CAPITAL BUDGETS MONDAY, MARCH 23, 2009 5:00 P.M. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor