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Home My WebLink AboutAGE COUNCIL 03/18/2009 2008-2010 OS h SY ,I YOSI-IIMOTO ^ JM 1 k, ~ GUY ENRIQUES li ~r G Prrc.~~(rlinK QjTcer ~~ 1~iv: BRENDA FORD ;. KELLY GREENWELL PL I C IiO1 I MANN _ DONALD IKEDA ~ ~m Chotr ':":~~ EMILY I. NAEOLE DENNIS "FRESH" ONISHI DOMINIC YAGONG COUNTY COUNCIL County of Huwui'i Huwui'i County Building 25 Aupnni Street Hilo, Hun~ui'i 96720 N C:> f~ 9°i Session ~~ i l.?~ C® ~ ` - l'~ :~ •-; , ~~ ~.I(- N - ORDER OF-BUSINESS ~-' ~ Hawaii County Council 'v~' `I ~-' -- Sheraton Keauhou Bay Resort and Spa ~~ 7 w "- 78-128 Ehukai Street -= can Kailua-Kona, Hawaii Wednesday, March 18, 2009 9:00 a.m. INVOCATION CALL TO ORDER RC:LL CALL PLf-:DGL OF ALLGGIAN( E APPROVAL GP MINUTES Reverend Tullos Jones of Kona Baptist Church (Hole: Please turn yell phones, pagws, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Istnnd Hawrri`i County is an Equa( Opportunity Provider and Employer. Hawaii County Council-9 Page 2 March 18, 2009 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS 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 1St Reading: March 3, 2009 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes Res. 57-09: Authorizes the Acceptance of a Monetary Donation of $1,500 to the Hawaii Fire Department. {Donated by the Edmund C. Olson Family Foundation, funds would be used to purchase fire suppression supplies for the Pahala Volunteer Firefighters. } Re: Comm. 150 Intr. by: Mr. Yagong Approve: FC-33 Res. 59-09: 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 Mental Health Transformation State Incentive Grant. {Funds would be used towards multi- disciplinary training of people who interact professionally with Severely Persistent Mentally Ill consumers, as described in the application attached (Exhibit "A"). } Re: Comm. 160 Intr. by: Mr. Yagong Approve: FC-34 Hawaii County Council-9 Page 3 March 18, 2009 Res. 61-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Class/Activities Miscellaneous Charges (Kalae Iki Baseball Clinic) account. Contingency Relief funds from District 1 would be used towards the Kalae Iki Baseball Clinic to be held on July 17-19, 2009.} Re: Comm. 180 Intr. by: Mr. Yagong Waived: FC Res. 63-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $12,050 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Summer/Intersession Other Current Expense (2009 Pilot Summer Fun Program) account. Contingency Relief funds from District 4 would be used towards a Pilot Summer Fun Program for 2009 at Andrews Gym and the Waiakea Recreation Center. } Re: Comm. 182 Intr. by: Mr. Onishi Waived: FC Res. 64-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $9,400 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division, Education-Recreation-Scientific Supplies (Hilo Armory Portable Basketball Systems) account. Contingency Relief funds from District 2 would be used towards the purchase of portable basketball systems for Hilo Armory. } Re: Comm. 185 Intr. by: Mr. Ikeda Waived: FC Res. 65-09: Appoints the Hawaii County Council Representative to the Hawaii State Association of Counties (HSAC) as the Representative from Hawaii to Serve on the Western Interstate Region (WIR) Board of Directors. {Appoints Council Member Dennis "Fresh" Onishi to serve on the WIR Board of Directors. } Re: Comm. 186 Intr. by: Mr. Onishi Waived: PWIRC Hawaii County Council-9 Page 4 March 18, 2009 Res. 70-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $500 out and from Clerk-Council Services-Contingency Relief account; credits same to Hawaii County Police Department Criminal Investigation Division-Juvenile Aid Section-Vice Section Other Current Expense, Miscellaneous Materials and Supplies (Sanctuary of Mana Kea Gardens -Domestic Harmony) account. Contingency Relief funds from District 7 would be used to print "Just Say Yes to Domestic Harmony" bumper stickers. } Re: Comm. 198 Intr. by: Ms. Ford Waived: FC Res. 71-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Fire Department Training and Volunteer Fire (Kanehoa Volunteer Firefighters) account. Contingency Relief funds from District 9 would be used towards the purchase of radios and pagers for the Kanehoa Volunteer Firefighters. } Re: Comm. 199 Intr. by: Mr. Hoffmann Waived: FC Res. 72-09: 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 Hawaii Fire Department Ocean Safety Other Current Expense -Miscellaneous Contract Services (Junior Lifeguard Program) account. Contingency Relief funds from District 5 would be used towards the Malama O Puna's Jr. Lifeguard Program Spring Session. } Re: Comm. 200 Intr. by: Ms. Naeole Waived: FC 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 18: Amends the State Land Use Boundaries Maps for the County of Hawaii by Changing the District Classification from the Agricultural to the Urban District at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key: 2-2-048:010 and 120 (approx. 6.302 acres). {Sonomura Rentals, Inc., Applicant.} Re: Comm. 95 Intr. by: Mr. Ikeda Negative: PC-9 Hawaii County Council-9 Page 5 March 18, 2009 Bill 19: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 3 Acres (A-3a) to Residential and Agricultural - .5 Acre (RA-.Sa) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2- 048:010 and 120 (approx. 6.302 acres). {Sonomura Rentals, Inc., Applicant.} Re: Comm. 95 Intr. by: Mr. Ikeda Negative: PC-10 Bi1132: Amends Section 25-8-33 (City of Hilo 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 - 10,000 Square Feet (RS-10) to Neighborhood Commercial - 10,000 Square Feet (CN-10) at Waiakea Houselots, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-034:036 (approx. 22,500 square feet). {S. Russell and Akiko Oda, Applicants.} Re: Comm. 147 Intr. by: Mr. Ikeda Approve: PC-7 Bi1133: Amends Section 25-8-33 (City of Hilo 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 - 10,000 Square Feet (RS-10) to Neighborhood Commercial - 10,000 Square Feet (CN-10) at Waiakea Houselots, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-034:088 (approx. 22,500 square feet). {Michael Tokunaga and Peggy Konanui-Tokunaga, Applicants. } Re: Comm. 148 Intr. by: Mr. Ikeda Approve: PC-8 Bi1138: 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 Federal Grants -Mental Health Transformation -State Incentive Grant ($20,550); appropriates same to Mental Health Transformation -State Incentive Grant. } Re: Comm. 160 Intr. by: Mr. Yagong Approve: FC-35 Hawaii County Council-9 Page 6 March 18, 2009 Bi1152: 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: Mid-Level Road (Ane Keohokalole Highway) ($4,000,000) and Mid-Level Road (Ane Keohokalole Highway) -Federal ($35,000,000), for a total of $39,000,000; funds shall be provided from the following: General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($4,000,000) and Federal Grants Receivable ($35,000,000), for a total of $39,000,000. Funds would be used towards the design and constructions phases of a new major collector road from the intersection of Palani Road and Henry Street to Hina Lani Street. } Re: Comm. 197 Intr. by: Mr. Yagong Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter 10:30 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) 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 1St Reading: March 3, 2009 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 1St Reading: March 3, 2009 Hawaii County Council-9 Page 7 March 18, 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 1St Reading: March 3, 2009 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 (Draft 2): Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009. {Adds PUBLIC WORKS: Hamakua Road Baseyard Warehouse ($847,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($847,000). 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. 168.2 Intr. by: Mr. Yoshimoto 1St Reading: March 3, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter 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 1St Reading: March 3, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bi1141 Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and (Draft 2): Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009. {Adds PUBLIC WORKS: Highway Administration Building Extension ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($500,000). Funds would be used to construct an extension to the existing Highway Maintenance Division office building. } Re: Comm. 170.2 Intr. by: Mr. Yoshimoto 1St Reading: March 3, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-9 Page 8 March 18, 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 1St Reading: March 3, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter 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 1St Reading: March 3, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter 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 1St Reading: March 3, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-9 Page 9 March 18, 2009 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 1St Reading: March 3, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter 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 1St Reading: March 3, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bi1147 Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and (Draft 2): Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009. {Adds PUBLIC WORKS: North Hilo/Hamakua Highway Maintenance Building ($1,347,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,347,000). Funds would be used to construct a new North Hilo/Hamakua Road (Highways) baseyard facility at a site in Pa`auilo. } Re: Comm. 176.2 Intr. by: Mr. Yoshimoto 1St Reading: March 3, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-9 Page 10 March 18, 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 1St Reading: March 3, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter REPORTS FC-36 Recommends approval of the nomination of the following individuals to the Merit (Comm. 163): Appeals Board: Mr. Brian J. De Lima and Mr. Kenneth M. Rowe. PSPRC-5 Recommends approval of the nomination of Ms. Jan K. Yokoyama (Council (Comm. 164): District 2) to the Liquor Control Adjudication Board. PSPRC-6 Recommends approval of the nomination of Mr. Donn S. Mende (Council (Comm. 165): District 3) to the Police Commission. REFERRALS FOR EXECUTIVE SESSION 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. 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 March 16, 2009. Relay users please call 711(961-8255) to contact our office. Hawaii County Council-9 Page 11 March 18, 2009 Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at http://co.hawaii.hi.us/council/agendas_and_actions.htm. For further information, please ca11961-8255. Public Attendance Via Videoconference is available at the following locations unti14:30 p.m., or later in the event public witness testimony has not been completed: • County Council Room, Ben Franklin Tower, 2"d Floor, 333 Kilauea Avenue, Hilo; and • Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5 If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. Submitting Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, 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. Viewing of Meetings on Government Access Television -Channel 52: Wednesday's, March 25 and April 1, 2009, at 6 p.m.; Friday's, March 27 and Apri13, 2009, at 12 p.m.; and Sunday's, March 29 and Apri15, 2009, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS 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 FINANCE COMMITTEE SPECIAL MEETING (DEPARTMENTAL AND PROGRAM REVIEWS OF BUDGETS) FINANCE COMMITTEE SPECIAL MEETING (DEPARTMENTAL AND PROGRAM REVIEWS OF BUDGETS) MONDAY, MARCH 30, 2009 9:00 a.m. TUESDAY, MARCH 31, 2009 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-9 FINANCE COMMITTEE SPECIAL MEETING (DEPARTMENTAL AND PROGRAM REVIEWS OF BUDGETS) COMMITTEES COUNCIL Page 12 March 18, 2009 WEDNESDAY. APRIL 1. 2009 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, APRIL 7, 2009 TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, APRIL 8, 2009 9:00 AM. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor