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HomeMy WebLinkAboutAGE COUNCIL 04/22/2009 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 12th Session ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Wednesday, April 22, 2009 9:00 a.m. INVOCATION Pastor Keith Elliott of Kona Church of God CALL TO ORDER 9:02 a. Ill. 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-12 Page 2 April 22, 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. 66-09: Encourages the Respective Counties of Hawaii, Maui, Kauai, and the City and County of Honolulu, to Collaborate and Pursue a Single Solid Waste Proposal That Could Enable the State of Hawaii to Qualify and Apply for Federal Funding 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", Also Known as the 2007 U.S. Farm Bill. {Encourages the counties of Hawaii, Maui, Kauai, and the City and County of Honolulu to collaborate in developing a joint process to address the State's solid waste issues through integrated programs that promote economic and agricultural sustainability for the State of Hawai `i. } Re: Comm. 189 Intr. by: Mr. Greenwell Approve: EMC-3 Postponed: April 8, 2009 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Onishi to approve Resolution 66-09.) AMENDED TO DRAFT 2 AND HELD OVER TO THE MAY 6. 2009_ COUNCIL MEETING (PURSUANT TO COUNCIL RLILE 24(c)),-and Comm. 189.1: From Council Vice Chair Pete Hoffmann, dated April 7, 2009, transmitting a proposed amendment to Resolution 66-09. Res. 67-09: Requests that the State Department of Land and Natural Resources (DLNR) Abandon Any Effort and/or Plan to Eradicate Feral Cattle Within the Honua`ula Forest Reserve Located on the Slopes of Hualalai by Helicopter Hunt. {Requests that the State DLNR work with the Cattlemen's Association and various conservation groups to establish a safer, humane, and effective process for their eradication program.) Re: Comm. 192 Intr. by: Mr. Greenwell Approve: PSPRC-9 ANIENDED TO DRAFT 2 ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, 11:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yos}himoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 3 April 22, 2009 Res. 73-09: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for a Sexual Assault Forensic Examiner (SAFE) Training Grant for the Hawaii County Police Department. {Funds would be used to improve the Police Department's ability to respond to violent crimes against women, primarily sexual assault with associated intimate partner violence, physical abuse, and homicide, by providing updated specialized training for the SAFE personnel.) Re: Comm. 208 Intr. by: Mr. Yagong Approve: FC-44 ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Il:cda_ Nacolc_ Onishi_ )'agong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 74-09: Authorizes the Acceptance of Three Shipping Containers for the Hawaii County Civil Defense Agency (HCCDA). {Donated by Matson Navigation Company, with an estimated total value of $9,500, the containers would be used to store disaster response supplies of the HCCDA, State Department of Health, and American Red Cross.) Re: Comm. 209 Intr. by: Mr. Yagong Approve: FC-46 ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_ Nacolc_ Onislii_ Y'agong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 79-09: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for a Multi-Year Lease of a Copy Machine for the Office of the County Clerk- Reprographic Division. {The five-year lease for a color copy machine, at an approximate cost of $1,319.59 per month, will replace the existing machine whose lease will expire in November 2009 (at a cost of $1,325.84 per month).} Re: Comm. 217 Intr. by: Mr. Yoshimoto Approve: FC-47 ADOPTED: 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-12 Page 4 April 22, 2009 Res. 81-09 Urges Opposition to House Bill No. 1226, HD 1, Relating to Genetically Modified (Draft 2): Plant Organisms. {Opposes House Bill No. 1226, HD 1, which preempts any other county regulatory action that bans or restricts all activities relating to genetically modified plant organisms in recognition of the Council's passage of Ordinance No. 08-154 on November 13, 2008, which prohibits the testing, propagation, cultivation, planting or introduction of genetically engineered taro and coffee.) Re: Comm. 225.74 Intr. by: Mr. Hoffmann Waived: PWIRC Held Over Pursuant to Council Rule 24(e): April 8, 2009 ADOPTED: AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Ms. Ford to approve Resolution 81-09, as amended (Draft 2).) Res. 94-09: 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 Human Resources Training Expenses (2009 County Office Support Staff Conference) account. Contingency Relief funds from District 5 would be used towards the 2009 Office Support Staff Conference "Thriving in Tough Times", to be held on May 14, 2009.) Re: Comm. 244 Intr. by: Ms. Naeole Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ 11:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 5 April 22, 2009 Res. 95-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Hawaii Police Department Animal Control Humane Society, Miscellaneous Contract Services (Three Ring Ranch, Inc., - Pre-veterinary Animal Behavior Studies) account. Contingency Relief funds from District 7 would be used towards the Three Ring Ranch, Inc.) Re: Comm. 245 Intr. by: Ms. Ford 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. 96-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (The Camp Tarawa Foundation) account. Contingency Relief funds from District 9 would be used towards planning work for Camp Tarawa.) Re: Comm. 246 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 6 April 22, 2009 Res. 97-09: 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 Research and Development Tourism Promotion, Miscellaneous Contract Services (Institute for a Sustainable Future - Kuleana Conference) account. Contingency Relief funds from District 9 would be used towards the 2009 Kuleana Conference, to be held May 6, 2009, at the Sheraton Keauhou Bay Resort and Spa.) Re: Comm. 247 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 99-09: 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 Human Resources Training Expenses (2009 Office Support Staff Conference) account. Contingency Relief funds from District 4 would be used towards the 2009 Office Support Staff Conference to be held on May 14, 2009.) Re: Comm. 249 Intr. by: Mr. Onishi Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikcda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 7 April 22, 2009 Res. 100-09: 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 Human Resources Training Expenses (2009 Office Support Staff Conference) account. Contingency Relief funds from District 2 would be used towards the 2009 Office Support Staff Conference to be held on May 14, 2009.) Re: Comm. 250 Intr. by: Mr. Ikeda 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. 101-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development New Industry and Industrial Development, Miscellaneous Contract Services (Kona Association for Retarded Citizens) account. Contingency Relief funds from District 7 would be used towards the Kona Association of Retarded Citizens' project to develop business skill sets in the field of art.) Re: Comm. 252 Intr. by: Ms. Ford Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ihccla_ Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 8 April 22, 2009 Res. 102-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Police Department South Hilo Police-Salaries and Wages, Overtime Salaries and Wages (Aggressive Driving Program-District 4) account. Contingency Relief funds from District 4 would be used towards an aggressive driving program in East Hawai`i.} Re: Comm. 253 Intr. by: Mr. Onishi 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. 103-09: 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 Police Department Hawaii Isles Police Activities League (HI-PAL) Other Current Expenses, Miscellaneous Materials and Supplies (Mountain View Family Fun Day) account. Contingency Relief funds from District 6 would be used towards the Mountain View Family Fun Day event to be held on August 29, 2009, at the Mountain View Gymnasium and Park grounds.) Re: Comm. 254 Intr. by: Mr. Enriques Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 9 April 22, 2009 Res. 10709: 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 Human Resources Training Expenses (2009 County Office Support Staff Conference "Thriving in Tough Times") account. Contingency Relief funds from District 8 would be used towards the 2009 County Office Support Staff Conference "Thriving in Tough Times" to be held on May 14, 2009, at the Nani Mau Gardens.) Re: Comm. 260 Intr. by: Mr. Greenwell Waived: FC ADOPTED: AYES: Council Members Enriqucs_ Ford_ Grnn"dl_ Hoffmann_ Hwda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 109-09: Authorizes the Extension of the Public Sewer from Parcel 2-4-001:005 to the Intersection of Kilauea/Kawili Street for the State of Hawaii, University of Hawaii at Hilo, Hawaii. {The extension would consist of installing a new sewerline in Kawili Street parallel to an existing sewerline that is owned and maintained by the County.) Re: Comm. 263 Intr. by: Mr. Greenwell (B/R) Waived: EMC ADOPTED: AYES: Council Members Enriqucs_ Ford_ Grnn"dl_ Hoffmann_ Hwda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: None. ABSENT: None. EXCUSED: None. Hawaii County Council-12 Page 10 April 22, 2009 Res. 110-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (Institute for a Sustainable Future Kona Earth Festival) account. Contingency Relief funds from District 9 would be used towards the 2009 Kona Earth Festival, to commence April 25, 2009, through May 10, 2009.) Re: Comm. 264 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 111-09: 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 Other Current Expenses, Recreation Division Class/Activities, Miscellaneous Charges (Kalae Iki Baseball Clinic) account. Contingency Relief funds from District 9 would be used towards the Kalae Iki Baseball Clinic.) Re: Comm. 265 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ihccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 11 April 22, 2009 Res. 112-09: 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 Research and Development Hawaii County Resource Center, Miscellaneous Contract Services (Community Enterprises - Kona Town Meetings) account. Contingency Relief funds from District 8 would be used as a grant towards Community Enterprises - Kona Town Meetings.) Re: Comm. 266 Intr. by: Mr. Greenwell Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll, Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yos}himoto - 8. NOES: Nonc. ABSENT: Council Nlcmbcr Hoffmann - 1. EXCUSED: Nonc. Res. 113-09: 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 Culture and Arts Other Current Expenses (2009 Kamehameha Festival) account. Contingency Relief funds from District 4 would be used towards the 2009 Kamehameha Festival, to be held on June 11, 2009, at Coconut Island from 10 a.m. to 5 p.m.} Re: Comm. 267 Intr. by: Mr. Onishi Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Ihccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Hoffmann - 1. EXCUSED: Nonc. Hawaii County Council-12 Page 12 April 22, 2009 Res. 114-09: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expenses (Boys and Girls Club of the Big Island, Hilo Club) account. Contingency Relief funds from District 2 would be used towards the Positive Youth Development After-School Program of the Boys and Girls Club of the Big Island's Hilo Club.} Re: Comm. 268 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair- Yoshimoto - 8. NOES: Nonc. ABSENT: Council Mcrnbcr Hoffmann - 1. EXCUSED: Nonc. Res. 115-09: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expenses, Miscellaneous Contract Services (Boys and Girls Club of the Big Island-Hilo Club) account. Contingency Relief funds from District 4 would be used towards operational expenses for the Boys and Girls Club of the Big Island's Hilo Club.} Re: Comm. 269 Intr. by: Mr. Onishi Waived: FC ADOPTED: A)'ES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 13 April 22, 2009 Res. 116-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Parks and Recreation Department Culture/Arts Other Current Expenses, Miscellaneous Contract Services (Ka`u Ho`olaule`a) account. Contingency Relief funds from District 6 would be used towards the annual July 4tn Ka`u Ho`olaule`a and Parade, hosted by Ka`u Ho`olaule`a Ltd., a nonprofit organization dedicated to serving youth.) Re: Comm. 270 Intr. by: Mr. Enriques Waived: FC AMENDED TO DRAFT 2 ADOPTED: AYES: Council Mcnibcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 117-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (North Kohala Community Resource Center - King Kamehameha Day Celebration) account. Contingency Relief funds from District 9 would be used towards the Kamehameha Day Celebration to be held on June 11, 2009.} Re: Comm. 271 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Nlcmbcrs Enriqucs_ Ford_ Hoffmann_ Ihcda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Grccimcll - 1. EXCUSED: Nonc. Hawaii County Council-12 Page 14 April 22, 2009 Res. 118-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,200 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expenses (Basic Image, Inc. - Hakalau Paka 2 d Annual Aloha `Aina Awareness Day) account. Contingency Relief funds from District 1 would be used towards the Hakalau Paka 2 d Annual Aloha `Aina Awareness Day to be held at Hakalau Bay hosted by Basic Image, Inc.) Re: Comm. 272 Intr. by: Mr. Yagong Waived: FC AMENDED TO DRAFT 2 ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Il:cda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 119-09: 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 Parks and Recreation Aquatics Pools Other Current Expenses (Laupahoehoe Swimming Pool lane lines) account. Contingency Relief funds from District 1 would be used towards the purchase of lane lines at Laupahoehoe Swimming Pool.) Re: Comm. 273 Intr. by: Mr. Yagong Waived: FC AMENDED TO DRAFT 2& ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 15 April 22, 2009 Res. 120-09: Amends the Rules of Procedure and Organization of the Council of the County of Hawaii. {Proposes to delete in its entirety Rule No. 24, Subsection (e), relating to the requirement to hold over bills or resolutions that are amended on the floor to the next regular meeting.) Re: Comm. 275 Intr. by: Mr. Yoshimoto Waived: PWIRC FILED DUE TO THE FOLLOWING VOTE: AYES: Nonc. NOES: Council Mcmbcrs Euriqucs_ Ford_ Grccimcll_ Hoffiiaun_ Ikcda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. ABSENT: Nonc. EXCUSED: Nonc. Res. 121-09: Authorizes the Mayor of the County of Hawaii to Execute and Submit the 2009 Action Plan and All Other Related Documents to the United States Department of Housing and Urban Development for the 2009 Community Development Block Grant (CDBG) and to the State's Hawaii Housing Finance and Development Corporation for the HOME Investment Partnerships and American Dream Downpayment Initiative (ADDI) Programs. {The County anticipates a 2009 CDBG allocation of $2,400,000 and an additional $60,000 program income from the Residential Repair Program, for a total of $2,460,000 of CDBG monies. The County is a State recipient of the HOME and ADDI Programs and has included, for information purposes, its proposed 2009 HOME Program projects which include $985,000 of HOME funds, $4,346 of ADDI funds, and an additional $25,000 of program income, for a total of $1,014,346.} Re: Comm. 276 Intr. by: Mr. Hoffmann Approve: CHA - April 8, 2009 ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_ Onishi_ Yagong_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Nacolc - 1. EXCUSED: Nonc. 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) Hawaii County Council-12 Page 16 April 22, 2009 BILLS FOR ORDINANCES (FIRST READING) Bill 49 Amends Chapter 2, Article 42, of the Hawaii County Code 1983 (2005 Edition, as (Draft 2): Amended), Relating to Public Access, Open Space, and Natural Resources Preservation Fund. {Suspends the transfer of 2 percent of real property tax revenue, including penalties and interest, to the Public Access, Open Space, and Natural Resources Preservation Fund, effective July 1, 2009, to June 30, 2011; and that no payments relating to this section shall be allocated or deposited provided, however, that all payments accrued through June 30, 2009, shall be allocated and deposited by July 31, 2009.} Re: Comm. 193.73 Intr. by: Mr. Hoffmann Approve: FC-49 PASSED l~" READING: AYES: Council Mcmbcrs Euriqucs_ Hoffiiaun_ Ikcda_ Nacolc_ Ouishi_ and Chair Yoshimoto - 6. NOES: Council Mcmbcrs Ford_ Grccn\\cll_ and Y'agong- 3. ABSENT: Nonc. EXCUSED: Nonc. Bill 53: 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 - Healthy Aging/Chronic Disease Self Management ($16,000); appropriates same to Healthy Aging/Chronic Disease Self Management. Funds would be used to continue the Office of Aging's implementation of their Chronic Disease Self Management Program, which is an evidenced-based prevention program.) Re: Comm. 202 Intr. by: Mr. Yagong Approve: FC-43 PASSED l~" READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikcda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 17 April 22, 2009 Bill 55: 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 - Sexual Assault Forensic Examiner (SAFE) Training Grant ($24,193); appropriates same to SAFE Training Grant.) Re: Comm. 208 Intr. by: Mr. Yagong Approve: FC-45 PASSED 1~" READING: A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_ Nacolc- Onishi_ Yagon(,_ and Chair )'oshimoto - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 56: Amends Ordinance No. 00-31 Which Reclassified Lands from Single Family Residential - 10,000 Square Feet (RS-10) to Neighborhood Commercial - 20,000 Square Feet (CN-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-034:084 (Formerly Tax Map Key:2-2-034:085 and 093) (approx. 67,500 square feet); Requests an Amendment to Condition B of Change of Zone Ordinance No. 00-31. {GHC Family Limited Partnership, Applicant.} Re: Comm. 218 Intr. by: Mr. Ikeda Approve: PC-26 AMENDED TO DRAFT 2& PASSED 1~" READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Ikcda- Nacolc_ Onishi_ )'agon(,_ and Chair )'oshimoto - 8. NOES: Council Mcmbcr Hoffmann - 1. ABSENT: Nonc. EXCUSED: Nonc. ;and Comm. 218.1: From Council Member Donald Ikeda, dated April 8, 2009, transmitting proposed amendments to Bill 56. Bill 68: Amends Chapter 24, Traffic Schedules, Article 10, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Statutory Revision. {Corrects the spelling of three street names in Chapter 24, Article 10, Sections 24-255 and 24-280.) Re: Comm. 274 Intr. by: Ms. Ford Waived: PWIRC PASSED l ~ ' READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Ikcda_ Nacolc_ Onishi, Yagon(-,, and Chair )'oshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 18 April 22, 2009 Bill 69: 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 the following: Federal - 2009 HOME Program ($989,346) and HOME - Program Income ($25,000), for a total of $1,014,346; appropriates to the following: Kumakua Mutual Self-Help, Phase 2 -Hawaii Island Community Development Corporation ($250,000), Pacific Paradise Gardens Mutual Self-Help, Phase 8 - Hawai`i Island Community Development Corporation ($250,000), Tenant Based Rental Assistance - County of Hawaii ($400,000), American Dream Downpayment Initiative ($29,346), and Office of Housing and Community Development Administration ($85,000), for atotal of $1,014,346.} Re: Comm. 276 Intr. by: Mr. Hoffmann Approve: CHA - April 8, 2009 PASSED l~' READING: AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccim cll_ Hoff iiaun_ Ikcda_ Nacolc- Onishi_ Yagoug_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 70: 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 the following: Federal - 2009 Block Grant ($2,400,000) and Block Grant - Program Income ($60,000), for a total of $2,460,000; appropriates to the following: Removal of Architectural Barriers - Americans with Disabilities Act Compliance - Various County Facilities ($1,250,000); Residential Emergency Repair Program ($415,000); Association of Retarded Citizens of Hilo - Laundry Expansion Program ($100,000); Construction Management ($215,000); Federal Emergency Management Agency Levee Certification Plan - Federal Match ($56,500); and Administration, Planning, and Fair Housing ($423,500), for a total of $2,460,000.} Re: Comm. 276 Intr. by: Mr. Hoffmann Approve: CHA - April 8, 2009 PASSED 1 ~ ' READING: A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_ Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - Q. 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-12 Page 19 April 22, 2009 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 385 Amends Chapter 5, Article 2 of the Hawaii County Code 1983 (2005 Edition, as (Draft 2) Amended), Relating to Building Energy Efficiency Standards. {Repeals (2006-2008): Divisions 1-14 of Chapter 5, Article 2 of the Hawaii County Code, and replaces those provisions with the 2006 International Energy Conservation Code, March 2007 Edition, as amended. This would enable the County to meet national and international energy standards, ensure that our residential and commercial buildings are not only safe but also energy efficient, and move the County towards the energy-efficiency goals established by the Sustainability 2050 Task Force. Division 15 of Article 2, Chapter 5, relates to indigenous architecture as adopted by Ordinance No. 07-164 and shall be retained as a separate article, as set out in Section 4 of this bill.) Re: Comm. 141.9 Intr. by: Mr. Hoffmann 1st Reading: April 8, 2009 PASSED 2`' c FINAL READING: AYES: Council Members Enriqucs_ Ford_ Grnn"dL Hoffmann_ Ihcda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 30 Amends Ordinance No. 06-137, Which Amended Ordinance No. 95-118, Which (Draft 2): Amended Ordinance No. 92-36, Which Reclassified Lands from Unplanned (U) and Double-Family Residential - 3,750 Square Feet (RD-3.75) to Multiple Family Residential - 2,500 Square Feet (RM-2.5) and Village Commercial - 7,500 Square Feet (CV-7.5), Respectively, at Hienaloli 4tn and 5th, North Kona, Hawaii, Tax Map Key: 7-5-10:Portion of 13 (Formerly 7-5-23:63); Requests an Amendment to Condition C of Ordinance No. 06-137. {Samson LLC, Applicant.} Re: Comm. 146.3 Intr. by: Ms. Ford 1st Reading: April 8, 2009 PASSED 2"`" c~ FINAL READING: AYES: Council Members Enriqucs_ Ford_ Green"Al_ Ikeda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 8. NOES: Council Member Hoffmann - 1. ABSENT: None. EXCUSED: None. Hawaii County Council-12 Page 20 April 22, 2009 Bill 31 Amends Ordinance No. 06-138, Which Amended Ordinance No. 90-010, Which (Draft 2): Amended Ordinance No. 86-49, Which Reclassified Lands from Multiple Family Residential - 2,000 Square Feet (RM-2) to Village Commercial - 7,500 Square Feet (CV-7.5) at Hienaloli stn and 6th, North Kona, Hawaii, Tax Map Key: 7-5- 10:Portion of 13 (Formerly 7-5-23:64 and 67); Requests an Amendment to Condition C of Ordinance No. 06-138. {Samson LLC, Applicant.} Re: Comm. 146.4 Intr. by: Ms. Ford 1 st Reading: April 8, 2009 PASSED FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll, 11:cda_ Nacolc_ Onishi_ l'agong_ and Chair Yoshimoto - 8. NOES: Council Mcmbcr Hoffmann - 1. ABSENT: Nonc. EXCUSED: Nonc. Bill 34: 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 Kea`au, Puna, Hawaii, Covered by Tax Map Key: 1-6-003:018 and 023 (approx. 10.373 acres). {Hawaiian Rainforest Water Company, LLC, Applicant.} Re: Comm. 149 Intr. by: Mr. Ikeda 1st Reading: April 8, 2009 PASSED 2'''& FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikeda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 35 Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 20 Acres (A-20a) to Light Industrial - 1 Acre (ML-Ia) at Kea`au, Puna, Hawaii, Covered by Tax Map Key: 1-6-003:018 and 023 (approx. 10.373 acres). {Hawaiian Rainforest Water Company, LLC, Applicant.} Re: Comm. 149.3 Intr. by: Mr. Ikeda 1st Reading: April 8, 2009 PASSED 2'''' cX FINAL READING: AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikeda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 21 April 22, 2009 Bill 51: 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 - Sexual Assault Forensic Examiner (SAFE) Standby Pay ($43,800); appropriates same to SAFE Standby Pay.) Re: Comm. 195 Intr. by: Mr. Yagong 1st Reading: April 8, 2009 PASSED 2'''& FINAL READING: A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- lkccla_ Nacolc- Onishi_ Yagon(,_ and Chair )'oshimoto - Q. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 58: 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 - Buses and Bus Shelter Materials - American Recovery and Reinvestment Act (ARRA) ($977,812); appropriates same to Buses and Bus Shelter Materials - ARRA.} Re: Comm. 226 Intr. by: Mr. Yagong 1st Reading: April 8, 2009 PASSED 2''' & FINAL READING: A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 59: 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 - Senior Community Service Employment Program (SCSEP) - American Recovery and Reinvestment Act (ARRA) ($76,844); appropriates to the following: SCSEP - ARRA - Salaries and Wages ($68,915) and SCSEP - ARRA - Other Current Expenses ($7,929), for a total of $76,844.} Re: Comm. 227 Intr. by: Mr. Yagong 1st Reading: April 8, 2009 PASSED 2'''' & FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_ Nacolc_ Onishi, Yagong, and Chair )'oshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-12 Page 22 April 22, 2009 Bill 60: 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 - Workforce Investment Act (WIA), American Recovery and Reinvestment Act (ARRA) of 2009 ($1,306,097); appropriates to the following: WIA-ARRA - Administration and Planning ($130,608), WIA-ARRA - Adult Program ($253,273), WIA-ARRA Dislocated Worker Program ($340,295), WIA-ARRA - Youth Program ($581,921), for atotal of $1,306,097.} Re: Comm. 236 Intr. by: Mr. Hoffmann 1st Reading: April 8, 2009 PASSED 2"" & FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Ikeda- Nacolc_ Onislii_ Y'agong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 61: 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 Grant - Block Grant American Recovery and Reinvestment Act of 2009 (ARRA) ($647,364); appropriates same to Community Development Block Grant - ARRA Projects.) Re: Comm. 237 Intr. by: Mr. Hoffmann 1st Reading: April 8, 2009 PASSED 2"" c FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Ikeda- Nacolc_ Onislii_ Y'agong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. REPORTS FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended August 31, 2008. ACCEPTED FC-42 Recommends approval of the nomination of Mr. Walter "Wally" Engstrom (Council (Comm. 201): District 7) to the Tax Board of Review. APPROVED FC-48 Recommends the confirmation of Mr. Burt Tsuchiya as the Director of Data (Comm. 223): Svstems. APPROVED Hawaii County Council-12 Page 23 April 22, 2009 PSPRC-7 Recommends approval of the nomination of Ms. Carol R. Ignacio (Council (Comm. 211): District 1) to the Police Commission. APPROVED PSPRC-8 Recommends the confirmation of Mayor Billy Kenoi as the Deputy Director of (Comm. 224): Civil Defense. APPROVED 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 6:22 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 byApril 20, 2009. Relay users please call 711(961-8255) to contact our office. 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 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 this meeting via videoconference. Council Members will be present at the following location(s): • Sheraton Keauhou Bay Resort & Spa, 78-128 Ehukai Street, Kona; and • County Council Room, Ben Franklin Tower, 2°d Floor, 333 Kilauea Avenue, Hilo. Public Attendance Via Videoconference is available at the locations(s) above and at the Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, until 4:30 p.m., or later in the event public witness testimony has not been completed. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Hawaii County Council-12 Page 24 April 22, 2009 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 Aupum Street, 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. Viewing of Meetings on Government Access Television - Channel 52: Wednesday's, April 29 (to follow the viewing of the April 13, 2009, Council meeting, which is scheduled to start at 6 p.m.) and May 6, 2009, at 6 p.m.; Friday's, May 1 (to follow the viewing of the April 13, 2009, Council meeting, which is scheduled to start at 12 p.m.) and May 8, 2009, at 12 p.m.; and Sunday's, May 3 (to follow the viewing of the April 13, 2009, Council meeting, which is scheduled to start at 9 a.m.) and May 10, 2009, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS TUESDAY, MAY 5, 2009 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, MAY 6, 2009 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, MAY 19, 2009 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COUNCIL PUBLIC 5:00 P.M. HEARING RE REAL PROPERTY TAX RATES - HILO WEDNESDAY, MAY 20, 2009 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor