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HomeMy WebLinkAboutAGE COUNCIL 03/03/2009 2008-2010 ACTIONSJ YOSHIMOTO Chair & Presiding Officer PETE HOFFMANN Vice Chair Stn Session COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii GUY ENRIQUES BRENDA FORD KELLY GREENWELL DONALD IKEDA EMILY L NAEOLE DENNIS "FRESH" ONISHI DOMINIC YAGONG Tuesday, March 3, 2009 9:00 a.m. INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Reverend Larry Walter of First United Protestant Church 9:05 a.m. December 1, 2008 (2006-2008) -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-8 Page 2 March 3, 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. 167: ENERGY EFFICIENCY AND AUDITING WORKSHOPS (MARCH THROUGH From Council Member Dennis Onishi, dated February 17, 2009, stating that the Hawaii Community College Office of Continuing Education in partnership with Hawaii Electric Light Company and Friends of Natural Energy Lab of Hawaii Authority will be sponsoring workshops at six island-wide sites. Proposes that the Council support this project. FILED Waived: FC Comm. 179: REQUEST FOR PUBLIC HEARING ON THE FY 2009-2010 BUDGET From Council Member Dominic Yagong, dated February 20, 2009, pursuant to Section 10-4 of the Hawaii County Charter 2000 (2006 Edition), requesting a public hearing and disclosing the date, time, and place of this hearing. Waived: FC FILED (PUBLIC HEARING TO BE HELD ON MARCH 2 3. 200~>_ AT ~ P.M. IN THE COUNCIL ROOM WITH VIDEOCONFERENCING TO THE KONA AND WAIMEA COUNCIL OFFICESI ORDER OF RESOLUTIONS Res. 51-09: Accepts the Dedication of Road Lot A (Maunale`o Place), Road Lot B (Maunanani Place) and Road Lot C (Maunakeha Way), Being Tax Map Keys:(3)9-9-010-041, 042, and 043, Situate at Keauhou, District of Ka`u, County and State of Hawaii, from Volcano Fairways Development Corporation. {Road lot dedications, including all improvements, are for public road and drainage purposes. Road Lot A contains an area of approx. 35,606 square feet; Road Lot B approx. 37,097 square feet; and Road Lot C approx. 10,206 square feet. } Re: Comm. 127 Intr. by: Ms. Ford Approve: PWIRC-15 ADOPTED: AYES: Council Members Enriqucs_ Ford_ Grcem~ell. Hoffmann, Il:eda_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council Mcmbcrl'agong- I. ElCUSED: None. Hawaii County Council-8 Page 3 March 3, 2009 Res. 52-09: Authorizes the Acquisition of Private Property by Eminent Domain, Being a Portion of Tax Map Key.(3)1-7-031:010, Situate at Kea`au, in the District of Puna, County and State of Hawaii, for Access to Happy Homes, from Cecelia Mae Chun and William H. Hostmeyer. {The County is proposing to pave and improve portions of Momona Road and Happy Homes Access Road to provide owners along South Road a more convenient access from Huina Road (containing an area of .151 acre).} Re: Comm. 128 Intr. by: Mr. Yoshimoto Approve: PWIRC-16 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes PASSED FIRST OF TWO REQUIRED READINGS Al'ES: Council Members Enriqucs_ Ford_ Green«ell_ Hoffmann_ Il:eda_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council Mcmbcrl'agong- I. EXCUSED: None. Res. 53-09: Authorizes the Acceptance of a Vehicle for the Hawaii Fire Department. {Donated by the Daniel R. Sayre Memorial Foundation, the vehicle is a new 2008 Toyota Tacoma Crew Cab with a total value of $28,856.02 and will be assigned to the Department's Waiakea Fire Rescue Station. } Re: Comm. 130 Intr. by: Mr. Yagong Approve: FC-30 ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccm~cll_ Hoffmann_ Ihcda_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council NlcmbcrYagong- 1. EXCUSED: None. Hawaii County Council-8 Page 4 March 3, 2009 Res. 58-09: 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 and Arts Other Current Expense (2009 Waimea Cherry Blossom Heritage Festival). Contingency Relief funds from District 4 would be used towards the 2009 Waimea Cherry Blossom Heritage Festival held on February 6, 2009. } Re: Comm. 153 Intr. by: Mr. Onishi Waived: FC ADOPTED: AYES: Council Members Enriqucs_ Ford_ Grecm~cll. Hoffmann, Il:eda_ Nacolc_ Onishi_ and Chair Yoshimoto - K. NOES: None. ABSENT: Council Mcmbcrl'agong- I. EICUSED: None. Res. 60-09: Authorizes the Corporation Counsel, and His Authorized Representatives, to Enter Into an Agreement with the Individually Named Party, Who is an Employee of the County of Hawaii, to Represent Him in the Civil Action Entitled Glenn Schmedes vs. Kelly Moniz, et al., Civil No. CV08-00331 DAE/LEK. {The subject matter of this resolution was discussed with the County Council during the executive session held on January 7, 2009. } Re: Comm. 178 Intr. by. Mr. Yoshimoto (B/R) Waived: FC ADOPTED: AYES: Council Members Enriqucs_ Ford_ Grecm~cll_ Hoffmann_ Iheda_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council NlcmbcrYagong- 1. EXCUSED: None. 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) Hawaii County Council-8 Page 5 March 3, 2009 BILLS FOR ORDINANCES (FIRST READING) Bi1121: Amends Section 25-8-24 (Kurtistown 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 - 20,000 Square Feet (RS-20) to Single Family Residential - 15,000 Square Feet (RS-15) at Kea`au, Puna, Hawaii, Covered by Tax Map Key:l-7-016:028 (approx..823 acre). {Melody Parong, Applicant. } Re: Comm. 97 Intr. by: Mr. Ikeda Approve: PC-h POSTPONED AT THE CALL OF THE CHAIR Bi1127: 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 24-264, Schedule 12 (Stop intersections), paragraph (f), Kona, by adding Kuakini Highway, Makala Boulevard intersection, all approaches. } Re: Comm. 121 Intr. by: Ms. Ford Approve: PWIRC-14 PASSED I'~ READING: AYES: Council Mcn~bcrs Enriqucs_ Ford_ Grccm~cll_ Hoffmann_ Ihcda_ Nacolc. Onishi_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- 1. EXCUSED: Nonc. Bi1128: Designates TMK(3)4-8-004:006 (approx. 1.8 acre) as the "Waipi`o Community Park," Pursuant to Chapter 15, Article 8, Section 15-67 of the Hawaii County Code 1983 (2005 Edition, as Amended); and Amends Chapter 15, Article 8, Section 15-68.1 of the Hawaii County Code 1983 (2005 Edition, as Amended), to Add the "Waipi`o Community Park" to the Parks and Recreational Facilities Schedule. {Designates this parcel as a new park under the Parks and Recreation Department for passive use while the community determines its vision for the long-term use of this property (formerly known as the "Rice property"). } Re: Comm. 123 Intr. by: Mr. Yagong Approve: PSPRC-3 PASSED l~' READING: AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccu~~cll_ Hoffmann_ Il:cda_ Nacolc_ Onishi, and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- I. EXCUSED: Nonc. Hawaii County Council-8 Page 6 March 3, 2009 Bi1129: Amends Chapter 32, Article 2, Section 32-24 of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Community Facilities Districts. {Eliminates a reference to the property appraisal requirements for community facilities districts that is inconsistent with other sections of the Chapter. } Re: Comm. 131 Intr. by: Mr. Yagong Approve: FC-31 PASSED l~' READING: AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccu~~cll_ Hoffuiaun_ Il:cda_ Nacolc_ Onishi, and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- I. EXCUSED: Nonc. Note: The following Bills numbered 39 through 48 were submitted by the Mayor as part of his Federal stimulus package. Bi1139: 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: Hamakua Road Baseyard Warehouse ($47,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($47,000). Funds would be used to construct a replacement warehouse for the Hamakua Road Baseyard and would be used for storage space and for current equipment and supplies. } Re: Comm. 168 Intr. by: Mr. Yagong Waived: FC 2/3 Vote: Section 10-6(d)_ Hawai`i County Charter AMENDED TO DRAFT ? ~ PASSED l~~ READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccm~cll. Hoffmann, Il:cda_ Nacolc_ Onishi_ and Chair Yoshimoto - K. NOES: Nonc. ABSENT: Council Mcmbcrl'agong- I. EXCUSED: Nonc. Hawaii County Council-8 Page 7 March 3, 2009 Bi1140: 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: Puna Baseyard Storage/Warehouse ($1,200,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,200,000). Funds would be used to construct a storage and warehouse for the Puna Baseyard and would be used for storage space and for current equipment and supplies. } Re: Comm. 169 Intr. by: Mr. Yoshimoto Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED I'~ READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccm~cll_ Hoffmann_ Nacolc_ Onishi_ and Chair- Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Ikcda and Y'agong - 2. EXCUSED: Nonc. Bi1141: 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: Highway Administration Building Extension ($1,100,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($1,100,000). Funds would be used to construct an extension to the existing Highway Maintenance Division office building. } Re: Comm. 170 Intr. by: Mr. Yagong Waived: FC 2/3 Vote: Section 10-6(d)_ Hawai`i County Charter AMENDED TO DRAFT 2 c~ PASSED l~' READING: Al'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccm~cll_ Hoffmann_ Ihcda_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- I. EXCUSED: Nonc. Hawaii County Council-8 Page 8 March 3, 2009 Bi1142: 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: South Kohala Road Baseyard Warehouse ($1,297,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,297,000). Funds would be used to construct a replacement warehouse for the South Kohala Road Baseyard and would be used for storage space and for current equipment and supplies. } Re: Comm. 171 Intr. by: Mr. Yagong Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED I'~ READING: AYES: Council Mcn~bcrs Enriqucs_ Ford_ Grccm~cll_ Hoffmann_ Ihcda_ Nacolc. Onishi_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- 1. EXCUSED: Nonc. Bi1143: 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. {Increases PUBLIC WORKS: Department of Public Works (DPW) Facilities Repair and Maintenance [$2,420,000] $7,420,000; fund increase shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($5,000,000). Increases the current fiscal year's appropriation of the DPW Facilities Repair and Maintenance project by $5,000,000 and bringing its total amount up to $7,420,000.} Re: Comm. 172 Intr. by: Mr. Yoshimoto Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 1 ~ ~ READING: AYES: Council Members Enriqucs_ Ford_ Grecm~cll. Hoffmann, Il:eda_ Nacolc_ Onishi_ and Chair Yoshimoto - K. NOES: Nonc. ABSENT: Council Mcmbcrl'agong- I. EXCUSED: Nonc. Hawaii County Council-8 Page 9 March 3, 2009 Bi1144: 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. {Increases PUBLIC WORKS: Department of Public Works (DPW) Facilities Energy Efficient Systems [$2,500,000] $9,500,000; fund increase shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($7,000,000). Increases the current fiscal year's appropriation of the DPW Facilities Energy Efficient Systems project by $7,000,000 and bringing its total amount up to $9,500,000.} Re: Comm. 173 Intr. by: Mr. Yoshimoto Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED I ~ ~ READING: Al'ES: Council Members Enriqucs_ Ford_ Green«ell_ Hoffmann_ Il:eda_ Nacolc. Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council Mcmbcrl'agong- I. EXCUSED: None. Bi1145: 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: Department of Public Works (DPW) Facilities Hardening ($1,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,500,000). Funds would be used to retrofit existing County facilities to better survive and/or quickly recover from natural and man-made disasters. } Re: Comm. 174 Intr. by: Mr. Yoshimoto Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 1 ~ ~ READING: AYES: Council Members Enriqucs_ Ford_ Grecm~cll. Hoffmann, Il:eda_ Nacolc_ Onishi_ and Chair Yoshimoto - K. NOES: None. ABSENT: Council Mcmbcrl'agong- I. EXCUSED: None. Hawaii County Council-8 Page 10 March 3, 2009 Bi1146: 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: Americans with Disabilities Act (ADA) Curb Ramp Compliance Program (Waimea) -Federal ($1,000,000), Kaiminani Drive Resurfacing -Federal ($6,000,000), Kamehameha Avenue Reconstruction - Federal ($7,000,000), Kawailani Street Improvements -Federal ($2,500,000), Palani Road/Kamakaeha Avenue Intersection Improvements -Federal ($5,000,000); funds shall be provided from Federal Grants Receivable ($21,500,000).} Re: Comm. 175 Intr. by: Mr. Yoshimoto Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED l~' READING: Al'ES: Council Members Enriqucs_ Ford_ Greem~ell_ Hoffmann_ Ihcda_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council McmbcrYagong- I. EXCUSED: None. Bi1147: 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: North Hilo/Hamakua Highway Maintenance Building ($2,147,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($2,147,000). Funds would be used to construct a new North Hilo/Hamakua Road (Highways) baseyard facility at a site in Pa`auilo. } Re: Comm. 176 Intr. by: Mr. Yagong Waived: FC 2/3 Vote: Section 10-h(d)_ Hawa.i`i County Charter AMENDED TO DRAFT ? c~ PASSED I'~ READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccm~cll_ Hoffmann_ Ihcda_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council McmbcrYagong- 1. ElCUSED: None. Hawaii County Council-8 Page 11 March 3, 2009 Bi1148: 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. {Increases PUBLIC WORKS: South Hilo Road Warehouse Building [$100,000] $1,236,000; fund increase shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,136,000). Increases the current fiscal year's appropriation of the South Hilo Road Warehouse Building project by $1,136,000 and bringing its total amount up to $1,236,000.} Re: Comm. 177 Intr. by: Mr. Yoshimoto Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED I'~ READING: AYES: Council Mcn~bcrs Enriqucs_ Ford_ Grccm~cll_ Hoffmann_ Ihcda_ Nacolc. Onishi_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- 1. EXCUSED: Nonc. 11:00 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 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 1st Reading: February 19, 2009 PASSED 2 ~'~' ~ FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccu~~cll_ Hoffuiaun_ Il:cda_ Nacolc_ Onishi, and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- I. EXCUSED: Nonc. Hawaii County Council-8 Page 12 March 3, 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 1st Reading: February 19, 2009 PASSED ?~~''' & FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccu~~cll_ Hoffuiaun_ Il:cda_ Nacolc_ Onishi, and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- I. EXCUSED: Nonc. 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 1st Reading: February 19, 2009 PASSED ?~~''' c~ FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccu~~cll_ Hoffmann_ Il:cda_ Nacolc_ Onishi, and Chair l'oshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- I. EXCUSED: Nonc. 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 1st Reading: February 19, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED ?~~" c~ FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccm~cll. Hoffmann, Il:cda_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcrl'agong- I. ElCUSED: Nonc. Hawaii County Council-8 Page 13 March 3, 2009 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 1st Reading: February 19, 2009 PASSED ?~~''' & FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccu~~cll_ Hoffuiaun_ Ihcda_ Nacolc_ Onishi, and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- I. EXCUSED: Nonc. 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) 1st Reading: February 19, 2009 PASSED ? ~''' & FINAL READING: Al'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccm~cll_ Hoffmann_ Ihcda_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- I. EXCUSED: Nonc. 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.} Re: Comm. 108 Intr. by: Ms. Ford 1st Reading: February 19, 2009 PASSED 2~`" c~ FINAL READING: Al'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccn«cll_ Hoffmann_ Ihcda_ Nacolc, Onishi_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong- I. EXCUSED: Nonc. Hawaii County Council-8 Page 14 March 3, 2009 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. } Re: Comm. 109 Intr. by: Ms. Ford 1st Reading: February 19, 2009 PASSED ?~~''' c~ FINAL READING: Al'ES: Council Members Enriqucs_ Ford_ Green«ell_ Hoffmann_ Il:eda_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council McmbcrYagong- I. EXCUSED: None. 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 1st Reading: February 19, 2009 PASSED ?~~''' c~ FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccu~~cll_ Hoffmann_ Il:cda_ Nacolc_ Onishi, and Chair l'oshimoto - 8. NOES: None. ABSENT: Council McmbcrYagong- I. EXCUSED: None. REPORTS FC-29 Recommends approval of the nomination of the following individuals to the (Comm. 113.1): 2009 Charter Commission: Alapaki Poai Nahale-a (Hilo) and Jamae K. K Kawauchi (Hilo). APPROVED FC-32 Recommends approval of the nomination of Mr. Steven Hirakami (Council (Comm. 133): District 5) to the Public Access, Open Space, and Natural Resources Preservation Commission. APPROVED PSPRC-4 Recommends approval of the nomination of Mr. Sidney Fuke (Council District 2) to (Comm. 134): the Liquor Commission. APPROVED Hawaii County Council-8 Page 15 March 3, 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 HRS Section 92-4 and Rule 10-12 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 178.1: GLENN SCHMEDES VS. KELLY MONIZ, ET. AL., CIVIL NO. CV08-00331 From County Clerk Kenneth G. Goodenow, dated February 23, 2009, requesting that the above matter be placed under Executive Session, since it is reasonable to anticipate that the Council may need to hold an executive meeting in connection with Resolution 60-09 (listed on this agenda under the topic heading of "Order of Resolutions".) FII FF) OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 2:47 p.n~. 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 27, 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 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: • 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. Hawaii County Council-8 Page 16 March 3, 2009 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 (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 counciltestimon~(a~,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, March 11 and 18, 2009 (to follow the viewing of the March 2, 2009, Council meeting, which is scheduled to start at 6 p.m.); Friday's, March 13 and 20, 2009 (to follow the viewing of the March 2, 2009, Council meeting, which is scheduled to start at 12 p.m.); and Sunday's, March 15 and 22, 2009 (to follow the viewing of the March 2, 2009, Council meeting, which is scheduled to start at 9 a.m.). (Note: These airtimes are subject to preemption by broadcasts from the State Legislature.) UPCOMING MEETINGS TUESDAY, MARCH 17, 2009 COMMITTEES TBA WEDNESDAY, MARCH 18, 2009 COUNCIL 9:00 AM. MONDAY. MARCH 23. 2009 COUNCIL PUBLIC 5:00 P.M. HEARING RE OPERATING AND CAPITAL BUDGETS SHERATON KEAUHOU BAY RESORT & SPA SHERATON KEAUHOU BAY RESORT & SPA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor