HomeMy WebLinkAboutAGE COUNCIL 06/02/2009 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
15th Session
ORDER OF BUSINESS
Hawaii County Council
333 Kilauea Avenue
(Ben Franklin Building)
Second Floor, Council Room
Hilo, Hawaii
Tuesday, June 2, 2009
9:00 a.m.
INVOCATION Reverend Larry Walter of First United Protestant Church
CALL TO ORDER 9:05 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES March 3, 2009; March 18, 2009; and April 13, 2009 - 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-15 Page 2 June 2, 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. 216.1: REPORT FROM AD HOC COMMITTEE RELATING TO THE 2009-2010
BUDGET
From Council Vice Chair Pete Hoffmann, dated May 7, 2009, requesting time at the
Council's May 20th meeting in order for the Committee to report its findings to the
Council.
Postponed: May 20, 2009
(Note: There is a pending motion by Mr. Hoffmann and duly seconded by
Ms. Naeole to file Communication 216.1.)
FILED
;and
Comm. 216.2: From 2009-10 Budget Ad Hoc Committee Secretary Dennis "Fresh" Onishi, dated
May 18, 2009, transmitting the Ad Hoc Committee Report, stating that they have no
recommendations relating to the 2009-2010 fiscal year budgets.
Comm. 355.1: NOMINATION OF MR. LOUIS KAOIWI (DISTRICT 4) TO THE FIRE
COMMISSION
From Council Member J Yoshimoto, dated May 19, 2009, transmitting Mayor Billy
Kenoi's letter nominating Mr. Kaoiwi to the Fire Commission.
Waived: PSPRC
APPROVED
Comm. 387: NOMINATIONS TO THE KONA COMMUNITY DEVELOPMENT PLAN (CDP)
ACTION COMMITTEE
From Mayor Billy Kenoi, dated May 21, 2009, nominating the following
individuals to the Kona CDP Action Committee: Michael Matsukawa, Bo Kabul,
and Kenneth Melrose (to serve a four-year term); Maralyn Herkes,
Janice Palma-Glennie, and Gretchen Lawson (to serve a three-year term); and
Jeff Knowles, Robert Ward, and Fritz Harris-Glade (to serve a two-year term).
Waived: PC
,APPROVED
Hawaii County Council-15 Page 3 June 2, 2009
ORDER OF RESOLUTIONS
Res. 105-09: Amends Resolution No. 296-07, Which Prioritized Lands to be Acquired Pursuant
to Hawaii County Code Section 2-218, of the Hawaii County Code 1983
(2005 Edition, as Amended). {Amends and supersedes the prioritization list set
forth in Resolution 296-07.)
Re: Comm. 257
Intr. by: Mr. Yagong
Approve: FC-57
Postponed: May 20, 2009
(Note: There is a pending motion by Mr. Yagong and duly seconded by
Ms. Naeole to approve Resolution 105-09; and a pending motion by Ms. Ford
and duly seconded by Mr. Yagong to amend Resolution 105-09 with
Communication 257.5.)
AMENDED TO DRAFT 2,k ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimell_ Hoffmann- Ouishi_
Yagong_ and Chair Yoshimoto - 7.
NOES: Council Mcmbcrs Il:cda and Nacolc - 2.
ABSENT: Nonc.
EXCUSED: Nonc.
;and
Comm. 257.5: From Council Member Brenda J. Ford, dated May 7, 2009, transmitting proposed
amendments to Resolution 105-09.
Res. 106-09: Directs the County to Enter Into Negotiations for the Immediate Purchase of Open
Space Property Currently for Sale and Whose Owners are Willing to Sell to the
County of Hawaii Using the Two Percent Open Space Preservation Fund. {Directs
the Finance Director to immediately begin negotiations to purchase Pa`o`o,
Puapua`a, and Kaiholena parcels. These recommendations are based on the Public
Access, Open Space, and Natural Resources Preservation Commission's Yearly
Prioritized List (2006, 2007, and 2008) of proposed properties for acquisition based
on highest ratings for criteria.)
Re: Comm. 258
Intr. by: Mr. Hoffmann
Negative: FC-58
Postponed: May 20, 2009
(Note: There is a pending motion by Mr. Hoffmann and duly seconded by
Mr. Onishi to approve Resolution 106-09.)
FILED DUE TO THE FOLLOWING VOTE:
AYES: Council Mcmbcrs Ford_ Grccimcll_ Hoffmann- and )'agong- 4.
NOES: Council Mcmbcrs Enriqucs_ Ikeda- Nacolc_ Onishi_ and
Chair Y'oshiuioto -
ABSENT: Nonc.
EXCUSED: Nonc.
;and
Hawaii County Council-15 Page 4 June 2, 2009
Comm. 258.25: From Council Vice Chair Pete Hoffmann, dated May 18, 2009, transmitting
proposed amendments to Resolution 106-09.
Res. 153-09: Accepts the Dedication of Lot 9073-B-22 (Portions of Kipimana Street and
Mikahala Street), of the W.H. Shipman Industrial Park, Being Tax Map
Key:(3)1-6-151:022, Situate at Kea`au, District of Puna, County and State of
Hawaii, from W.H. Shipman, Limited. {Accepts Lot 9073-B-22 including all
improvements therein, to the County of Hawaii for road and drainage purposes.)
Re: Comm. 316
Intr. by: Mr. Yoshimoto
Approve: PWIRC-20
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_
Nacolc- Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 163-09: Creates a Lead Traffic Signs and Markings Painter Position, Two Traffic Signs and
Markings Painter Positions, and Two Traffic Signs and Markings Helper Position
for the Department of Public Works' Traffic Division. {The Traffic Division
currently has a traffic striping contract that will expire at the end of this fiscal year
and is unable to continue contracting this service out. In an effort to prevent a delay
in service with the expiration of that contract, the Division is requesting additional
personnel to fulfill that function.)
Re: Comm. 330
Intr. by: Mr. Yagong
Approve: FC-59
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Ikcda_ Nacolc_
Onishi_ and Chair Yoshimoto - 7.
NOES: Council Mcmbcr Yagong - 1.
ABSENT: Council Mcmbcr Hoffmann - 1.
EXCUSED: Nonc.
Hawaii County Council-15 Page 5 June 2, 2009
Res. 164-09: Authorizes the Office of the Mayor to Enter Into an Agreement with the Research
Corporation of the University of Hawaii (RCUH), Pursuant to FIRS 46-7, for the
Evaluation of the Big Island Drug Court Enhancement Project. {To assess the
overall success of the implementation of this grant regarding the Big Island Drug
Court Program, the Office of the Prosecuting Attorney will be contracting with
RCUH to have them administer this evaluation component.)
Re: Comm. 333
Intr. by: Mr. Yagong
Approve: FC-62
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_
Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 165-09: Authorizes the Acceptance of a Donation of Two Seagrave Fire Pumpers from the
County of Maui, and to Enter Into a Release, Hold Harmless and Indemnity
Agreement for Any Liability Resulting from the Transfer of Ownership and Control
of These Vehicles, as a Condition of the Donation to the County of Hawaii Fire
Department. {Donated to helpmeet the growing needs for additional emergency
fire vehicles (total estimated value of $100,000).}
Re: Comm. 334
Intr. by: Mr. Yagong
Approve: FC-63
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. 166-09: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for Six 75 Cubic Yard Refuse Trailers. {Enters into a five-year lease
with purchase options, which would replace six 1996 trailers that are reaching the
end of their useful lives and are incurring costly mechanical and structural repairs.)
Re: Comm. 335
Intr. by: Mr. Yagong
Approve: FC-64
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-15 Page 6 June 2, 2009
Res. 167-09: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for One Landfill Compactor. {Enters into a five-year lease with
purchase options, which would ensure that adequate equipment is available to
perform compaction work to manage incoming refuse on a daily basis at the West
Hawaii Landfill at Pu`uanahulu.}
Re: Comm. 336
Intr. by: Mr. Yagong
Approve: FC-65
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_
Nacolc_ Onishi, Yagong, and Chair )'oshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 175-09: 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 Expense Account. Contingency Relief funds from District 4
would be used towards Ho`ea Ea II, the Second Hawaii Island Youth Food
Sovereignty Conference, to be held June 10-14, 2009.}
Re: Comm. 354
Intr. by: Mr. Onishi
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Ihcda_
Nacolc_ Onishi_ )'agong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-15 Page 7 June 2, 2009
Res. 176-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $2,000 out and from Clerk-Council Services-Contingency
Relief Account; credits same to Department of Liquor Control Public Programs,
Miscellaneous Contract Services Account. Contingency Relief funds from
District 5 would be used towards Kua O Ka La Public Charter School's Grad
Night 2009.)
Re: Comm. 356
Intr. by: Ms. Naeole
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_
Onishi_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Council Mcmbcr Nacolc - 1.
Res. 177-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $860 out and from Clerk-Council Services-Contingency
Relief Account; credits same to Department of Parks and Recreation Hilo and West
Hawaii Veterans Cemetery Other Current Expenses, Agriculture Account.
Contingency Relief funds from District 7 would be used towards the West Hawaii
Veteran's Cemetery reforestation project to purchase native Hawaiian plants.}
Re: Comm. 357
Intr. by: Ms. Ford
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Hof iiann_ 11,cda_ Nacolc_
Onishi_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Council Mcmbcr Grccimcll - 1.
Hawaii County Council-15 Page 8 June 2, 2009
Res. 179-09: 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 Fire Protection-
Equipment, Miscellaneous Equipment Account. Contingency Relief funds from
District 4 would be used to purchase scuba tank racks for the new Force rescue boat
at Waiakea Fire Station.)
Re: Comm. 359
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. 180-09: 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 Expenses, Miscellaneous Contract Services Account. Contingency
Relief funds from District 3 would be used to defray costs associated with the
2009 Fourth of July Fest. }
Re: Comm. 360
Intr. by: Mr. Yoshimoto
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ GrccimcIl_ Hoffmann_ Ikccla_
Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-15 Page 9 June 2, 2009
Res. 181-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $974,000 out and from Health Benefits Account; credits
same to Miscellaneous Insurance Claims and Judgments Account. Recently, the
County was ordered by the courts to pay $1,658,000 in damages resulting from the
Coupe Condemnation. Payment is needed to obtain possession of real property to
complete the Mamalahoa Bypass Highway. (Approximately $684,000 is available
in the Misc. Insurance Claims and Judgments Account, and the remaining funds of
$974,000 will come from the Health Benefits Account.)}
Re: Comm. 368
Intr. by: Mr. Yagong
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_
Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 182-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $30,000 out and from Clerk-Council Services Other Current
Expenses, Miscellaneous Contract Services Account; credits to the following:
Department of Parks and Recreation Elderly Activities, Coordinated Services
County Other Current Expenses Account ($24,000) and Department of Parks and
Recreation Elderly Activities, RSVP - Other Current Expenses Account ($6,000),
for a total of $30,000. Funds would be used towards expenses related to continuous
services for our older adults island-wide.)
Re: Comm. 374
Intr. by: Mr. Onishi
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Ihcda_
Nacolc_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Onishi - 1.
EXCUSED: Nonc.
Hawaii County Council-15 Page 10 June 2, 2009
Res. 183-09: 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 Fire Department Ocean Safety Other
Current Expenses Account. Contingency Relief funds from District 4 would be
used towards the installation of a water line to the Radio Bay area.)
Re: Comm. 375
Intr. by: Mr. Onishi
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ GrcemNcll_ Hoffmann, Hada_
Nacolc_ Yagong_ and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Nlcmbcr OnKW - 1.
EXCUSED: None.
Res. 184-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $381.65 out and from Clerk-Council Services-Contingency
Relief Account; credits same to Department of Parks and Recreation Park
Maintenance Other Current Expenses, Miscellaneous Materials and Supplies
Account. Contingency Relief funds from District 7 would be used to purchase a
new pressure washer hose.)
Re: Comm. 376
Intr. by: Ms. Ford
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grnn"dl_ Hoarnann_ Ihcda_
Nacolc_ Yagong_ and Chair Yoshimoto -8.
NOES: None.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: None.
Hawaii County Council-15 Page 11 June 2, 2009
Res. 185-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $4,241.62 out and from Clerk-Council Services-
Contingency Relief Account; credits same to Hawaii Fire Department, Fire
Prevention-Other Current Expenses, Miscellaneous Charges Account. Contingency
Relief funds from District 9 would be used towards the Rural Family Practice
Residency Program.)
Re: Comm. 377
Intr. by: Mr. Hoffmann
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_
Nacolc_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
Res. 186-09: 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 the
Emergency Management Performance Grant. {Funds would support a
comprehensive emergency management that is able to respond to natural and
manmade hazards, homeland security-related incidents, and other emergencies that
may threaten the property, safety, and well-being of citizens and communities.)
Re: Comm. 378
Intr. by: Mr. Yagong
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Ihcda_
Nacolc_ Yagong_ and Chair Yoshimoto -8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
Hawaii County Council-15 Page 12 June 2, 2009
Res. 187-09: Authorizes the Office of the Mayor to Enter Into an Agreement with the Office of
Hawaiian Affairs (OHA), Pursuant to HRS 46-7, for a Training Grant for the
Hawaii County Police Department. {Funds would be used for the bicycle patrol
program to enable officers to respond appropriately to a crisis, to assist with access
to mental health services, and to reduce the number of arrests. The Department
would like more individuals to feel comfortable in accessing help and assistance
through this program.)
Re: Comm. 380
Intr. by: Mr. Yagong
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. 188-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $3,561.65 out and from Clerk-Council Services-
Contingency Relief Account; credits same to Department of Parks and Recreation
Transfer to Capital Project Fund-General Account. Contingency Relief funds from
District 1 would be appropriated to the Department of Parks and Recreation for
various projects throughout District 1.}
Re: Comm. 381
Intr. by: Mr. Yagong
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_
Nacolc_ Yagong_ and Chair Yoshimoto -8.
NOES: Nonc.
ABSENT: Council Mcmbcr Onishi - 1.
EXCUSED: Nonc.
Hawaii County Council-15 Page 13 June 2, 2009
Res. 189-09: 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, Recreation
Division Other Current Expenses, Education-Recreation-Scientific Account.
Contingency Relief funds from District 1 would be used towards airfare and lodging
costs associated with the Prime Time Football Clinic, to be held on July 18, 2009, in
Honoka`a. }
Re: Comm. 382
Intr. by: Mr. Yagong
Waived: FC
ADOPTED:
AYES: Council Mcnibcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Il:cda_
Nacolc_ Yagong_ and Chair- Yoshimoto -8.
NOES: Nonc.
ABSENT: Council Mcmbcr Onishi - 1.
EXCUSED: Nonc.
Res. 190-09: 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 Training and Volunteer
Fire Other Current Expenses Account. Contingency Relief funds from District 1
would be used towards a recognition banquet for the volunteer firefighters of
District 1.)
Re: Comm. 383
Intr. by: Mr. Yagong
Waived: FC
ADOPTED:
AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_
Nacolc_ Yagong_ and Cliair Yosliimoto - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Ornislhi - 1.
EXCUSED: Nonc.
Hawaii County Council-15 Page 14 June 2, 2009
Res. 191-09: Authorizes the Director of Finance to Compromise a Claim for Surplus Funds in
Accordance with Section 19-3(12), Hawaii County Code. {Authorizes the Finance
Director to compromise and settle the claims of the Remar Sylvester family and pay
the surplus fund claims of $4,787.69.}
Re: Comm. 384
Intr. by: Mr. Yagong
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_
Nacolc_ Onishi_ and Yagong -8.
NOES: Nonc.
ABSENT: Chair Yoshimoto - 1.
EXCUSED: Nonc.
Res. 192-09: 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 Department of Parks and Recreation Cultural/Arts
Other Current Expenses Account. Contingency Relief funds from District 5 would
be used towards the Maku`u Summer Intersession Program 2009.)
Re: Comm. 385
Intr. by: Ms. Naeole
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikcda_
Nacolc_ Onishi, and Yagong -8.
NOES: Nonc.
ABSENT: Cliair Yoshimoto - 1.
EXCUSED: Nonc.
Res. 193-09: 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 Class/Activity Account. Contingency Relief funds from District 5 would be
used towards the Poho`iki Bay Surfing Classic at Poho`iki Beach.)
Re: Comm. 386
Intr. by: Ms. Naeole
Waived: FC
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11,cda_
Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-15 Page 15 June 2, 2009
11:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
(NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.)
BILLS FOR ORDINANCES (FIRST READING)
Bill 66 Amends Chapter 24, Hawaii County Code 1983 (2005 Edition, as Amended),
(Draft 2): Relating to Inattention to Driving. {Adds anew section to the County Code that
stipulates that it is a violation to use a mobile electronic device while operating any
vehicle, unless used with a hands-free device and fines provided therein, and shall
take effect on January 1, 2010. Exemptions are provided for emergency responders
in the course of their official duties, drivers using two-way radios while performing
their work-related duties are provided, and drivers holding a valid amateur radio
license issued by the federal communications commission and using half-duplex
two-way radio.)
Re: Comm. 262.11
Intr. by: Mr. Hoffmann
Approve: PSPRC-11
PASSED 1~" READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikcda_
Ouishi_ Yagong_ and Cliair Yoshimoto - 8.
NOES: Council Mcmbcr Nacolc - 1.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 77: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Motor Vehicle Driver's Permit and License Fees. {Removes fees for
six-year driver's licenses and adds fees for one-year and eight-year driver's licenses;
and updates other license fees The proposed amendments are necessary to comply
with the State Legislature's passage of Act 50, which changed the period for certain
licenses.)
Re: Comm. 331
Intr. by: Mr. Yagong
Approve: FC-60
PASSED 1'" 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-15 Page 16 June 2, 2009
Bill 78: 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
ENVIRONMENTAL MANAGEMENT: Kealakehe Wastewater Treatment Plant
Aeration Upgrade [$4,500,000] ($5,500,000); fund increase shall be provided from:
General Obligation Bonds, Capital Projects Fund- Fund Balance and/or Other
Sources ($1,000,000). Additional funds are needed to support the construction
portion of the project based on the refined cost estimate information provided in the
draft April 2009 Preliminary Engineering Report.)
Re: Comm. 332
Intr. by: Mr. Yagong
Approve: FC-61
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 1 ~ ' READING:
A)'ES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_
Nacolc. Onishi_ )'agong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 79: 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. {Establishes
the following program appropriations: Roadway Projects (Engineering)
($2,000,000); Bridge Inspection, Repair, and Replacement Program (Engineering)
($1,000,000); Americans with Disabilities Act Curb Cut and Accessible Route
Program (Engineering) ($500,000); and Local Road Improvements (Highways)
($3,500,000), for a total of $7,000,000; funds shall be provided from that portion of
the Highway Fund which is designated as the Fuel Tax Increase Account No.
3104.06, and which consists of the increase fuel tax revenues created pursuant to
Resolution No. 504-08. Projected revenues are being allocated based on each
district's percent of miles of local streets for all roads maintained by the County
(specific projects are listed in "Exhibit A").)
Re: Comm. 337
Intr. by: Mr. Yagong
Approve: FC-66
2/3 Vote: Section 10-6(d)_ Hawai`i County Charter
AMENDED TO DRAFT 2 & PASSED I~"' READING:
AYES: Council Mcrnbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-15 Page 17 June 2, 2009
Bill 93: 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 - Hawaii County Police Department (HCPD) Traffic Investigation Program
($14,000); appropriates same to HCPD Traffic Investigation Program. Additional
funding would be used to cover the costs for additional training.)
Re: Comm. 373
Intr. by: Mr. Yagong
Waived: FC
PASSED 1~" READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc- Onishi, Yagong, and Chair )'oshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 94: 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 Wireless
Enhanced 911 (E911) Fees ($356,666); appropriates same to Wireless E911. Funds
would be used towards upgrading the Police Department's Computer Aided
Dispatch System.)
Re: Comm. 379
Intr. by: Mr. Yagong
Waived: FC
AMENDED TO DRAFT 2& PASSED 1~" READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc_ Onishi, Yagong, and Chair )'oshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 95: 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 - Office of Hawaiian Affairs (OHA) Training Grant ($25,000); appropriates
same to OHA Training Grant.)
Re: Comm. 380
Intr. by: Mr. Yagong
Waived: FC
PASSED 1 ~ ' READING:
A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_
Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-15 Page 18 June 2, 2009
1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 36 Establishes an Operating Budget for the County of Hawaii for the Fiscal Year
(Draft 3): July 1, 2009, to June 30, 2010. {Proposed $386,936,203 Operating Budget for the
County of Hawaii.)
Re: Comm. 151.25
Intr. by: Mr. Yagong
1St Reading: May 20, 2009
Public Hearing: March 23. 2009
AMENDED TO DRAFT 4& PASSED 2'''& FINAL READING:
AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- lkccla_
Nacolc- Onishi_ and Chair Yoshimoto - 8.
NOES: Council McmbcrYagorng - 1.
ABSENT: Nonc.
EXCUSED: Nonc.
;and
Comm. 151.26: From Council Member Emily Naeole, dated May 20, 2009, transmitting a proposed
amendment to Bill 36, Draft 3; and
Comm. 151.27: From Council Member Dennis "Fresh" Onishi, dated May 20, 2009, transmitting a
proposed amendment to Bill 36, Draft 3.
Bill 37 Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1,
(Draft 3): 2009, to June 30, 2010. {Proposed $205,336,000 Capital Improvements Project
Budget for the County of Hawaii.)
Re: Comm. 152.4
Intr. by: Mr. Yagong
1St Reading: May 20, 2009
Public Hearing: March 23. 2009
ANIENDED TO DRAFT 4 & PASSED 2" " & FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ G-ceimell_ Hoffmann- Ihcda_
Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
;and
Comm. 152.5: From Council Chair J Yoshimoto, dated May 20, 2009, transmitting a proposed
amendment to Bill 37, Draft 3.
Hawaii County Council-15 Page 19 June 2, 2009
Bill 50 Adopts a Pay Plan for Persons Employed by the County Other Than Those Whose
(Draft 2): Pay is Otherwise Provided for, Designates Payroll Periods, Pay Days, Prescribes
Requirements with Respect to Official Fidelity Bonds, and Repeals Ordinance
No. 08-85 and All Amendments Thereto, Said Ordinance to be Known as the Salary
Ordinance of 2001 {The significant amendments are: The Deputy Executive
Assistant to the Council Chairperson (East/West Hawaii) class of work was retitled
by deleting "(East/West Hawai`i)" from its title; and the Administrative Services
Officer class of work was retitled to Assistant Housing Administrator.)
Re: Comm. 194.3
Intr. by: Mr. Yagong
1st Reading: May 20, 2009
PASSED 2"' c FINAL READING:
AYES: Council Members Enriqucs_ Ford_ Grnn"dl_ Hoffmann_ Hwda_
Nacolc, Yagong_ and Chair Yoshimoto -8.
NOES: None.
ABSENT: Council Mcmbcr Onishi - 1.
EXCUSED: None.
Bill 71: Amends Chapter 24, Article 4 of the Hawaii County Code 1983 (2005 Edition, as
Amended), Vehicles and Traffic, Relating to Fees. {Changes the calculation of
penalties for delinquent payment of vehicle weight tax from ten percent of the
amount due to flat fees of $8 for vehicles taxed at the passenger car rate and $20 for
vehicles taxed at the commercial rate.)
Re: Comm. 283
Intr. by: Mr. Yagong
1st Reading: May 20, 2009
PASSED 2"' c FINAL READING:
AYES: Council Members Enriqucs_ Ford_ Grnn"dL Hoffmann_ Ihcda_
Nacolc_ Yagong_ and Chair Yoshimoto -8.
NOES: None.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: None.
Hawaii County Council-15 Page 20 June 2, 2009
Bill 72: Amends Chapter 18, Articles 1 and 2, of the Hawaii County Code 1983 (2005
Edition, as Amended), Relating to Common Carriers, Taxicabs and School Buses.
{Amends Sections 18-1 to add a definition for "director of finance"; and 18-38
relating to taxicab permits, to correct terminology to reflect the requirement of a
permit number on the taxi permit and to remove the requirement that the driver's
home address be displayed, replacing that with the taxi company name.)
Re: Comm. 284
Intr. by: Mr. Yagong
1 st Reading: Mav 20, 2009
PASSED FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, 11:cda_
Nacolc- Onishi, Yagong, and Chair )'oshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 80: 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 Housing
Voucher Program ($700,000); appropriates same to Voucher Rental Subsidies.
Fund increase reflects the updated allocation to be received from the
U.S. Department of Housing and Urban Development for the period July 1, 2008,
through June 30, 2009, for the Housing Choice Voucher (Section 8) Program and
would be used for payment of rental assistance for eligible participants of the
program.)
Re: Comm. 338
Intr. by: Mr. Yagong
1st Reading: Mav 20, 2009
PASSED 2"`" c~ FINAL READING:
A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- lkccla_
Nacolc, Onishi_ )'agong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-15 Page 21 June 2, 2009
Bill 81: 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 Transfer
from General Fund ($5,000); appropriates same to Hamakua Health Center, Inc.
Funds from Council District 9 would be used towards the purchase of x-ray
equipment for a mobile dental van.)
Re: Comm. 339
Intr. by: Mr. Yagong
1st Reading: May 20, 2009
PASSED 2'''& FINAL READING:
AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccim cll_ Hoff iiaun_ Ikcda_
Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 82: 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
Videotaping Contribution - Na Leo `O Hawaii ($75,000); appropriates same to
Videotaping - Na Leo `O Hawai`i.}
Re: Comm. 340
Intr. by: Mr. Yagong
1st Reading: May 20, 2009
PASSED 2"`" & FINAL READING:
AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccimell_ Hoffmann- Ihcda_
Nacolc_ Onishi_ )'agong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 83: Authorizes the Mayor of the County of Hawaii to Enter Into an Intergovernmental
Agreement for a Loan from the American Recovery and Reinvestment Act of 2009
(ARRA) Portion of the State Water Pollution Control Revolving Fund for
Wastewater Public Improvement Projects; and Authorizes the Issuance of
$7,500,000 General Obligation Bonds of the County of Hawaii for the Purpose of
Financing Qualified Wastewater Public Improvements of the County of Hawaii.
{Funds would be used towards the following projects: Komohana Heights LCC
Replacement, Honoka`a LCC Replacement, Queen Liliuokalam Village LCC
Replacement, North Kona Sewer, and North Kona Effluent Reuse Upgrade.)
Re: Comm. 341
Intr. by: Mr. Yagong
1 st Reading: Mav 20, 2009
PASSED 2'''A_ FINAL READING:
AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_
Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-15 Page 22 June 2, 2009
Bill 84: 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 2007 (WIA) ($2,460); appropriates same to
WIA - Youth Program 2007-08.)
Re: Comm. 343
Intr. by: Mr. Hoffmann
1st Reading: May 20, 2009
PASSED 2'''& FINAL READING:
AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccim cll_ Hoff iiaun_ Ikeda_
Nacolc_ Onishi, Yagong, and Chair )'oshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 85: 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: Council District 2 Traffic Calming Improvements ($25,000);
funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund
Balance and/or Other Sources (Contingency Relief) ($25,000). Funds would be
used towards traffic calming improvements in District 2, which may include street
lights, smart signs, traffic calming devices, guard rails, and other necessary and
appropriate improvements.)
Re: Comm. 351
Intr. by: Mr. Ikeda
1st Reading: May 20, 2009
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2"`" & FINAL READING:
A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Il:ccla_
Nacolc_ Onishi_ )'agong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-15 Page 23 June 2, 2009
Bill 86: 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
PARKS AND RECREATION: Discretionary Projects - Council District 2
($35,241.65); funds shall be provided from General Obligation Bonds, Capital
Projects Fund-Fund Balance and/or Other Sources (Contingency Relief)
($35,241.65). Funds would be used towards park facility improvements in
District 2, which may include fencing, gates, renovation, installation and
construction, and any other necessary and appropriate improvements.)
Re: Comm. 352
Intr. by: Mr. Ikeda
1St Reading: May 20, 2009
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2"`" c~ FINAL READING:
A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Il:ccla_
Nacolc_ Onishi_ )'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 December 31, 2008.
ACCEPTED
PC-27 Recommends approval of the nomination of Mr. Zendo Kern to the Windward
(Comm. 285): Planning Commission.
Postponed: May 20, 2009
APPROVED
(Note: There is a pending motion by Mr. Hoffmann and duly seconded by
Ms. Naeole to file Communication 285 and approve the nomination of
Mr. Kern.)
PSPRC-10 Recommends approval of the nomination of Mr. Jack Ferguson (District 8) to the
(Comm. 349): Liquor Commission.
APPROVED
HSEDC-2 The Committee on Human Services and Economic Development is in accord
(Comm. 125.3): with the purpose and intent of the funding recommendations of $1,500,000 to
76 nonprofit agency programs, as set forth in Communication 125.3 for
inclusion in Bill 36, as amended.
APPROVED
Hawaii County Council-15 Page 24 June 2, 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 of the Rules of Procedure of the County Council is necessary to hold an executive
meeting.
Comm. 178.2: GLENN SCHMEDES V KELLY MONIZ, ET AL.; CIVIL NO. CV08-00331
DAE/LEK
From Deputy Corporation Counsel Michael J. Udovic_ dated Mav_ 18. 2009.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
ADJOURNMENT 5:312 p.rn.
Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to
introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or
opposition to the proposal.
The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this
meeting should call 961-8255 by May 29, 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.
Public Attendance Via Videoconference is available at the following locations until 4:30 p.m., or later in the event
public witness testimony has not been completed:
• Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; 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 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, June 10 and 17, 2009, at 6 p.m.; Friday's, June 12 and 19, 2009, at 12 p.m.; and Sunday's, June 14
and 21, 2009, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature.
Hawaii County Council-15 Page 25 June 2, 2009
UPCOMING MEETINGS
TUESDAY, JUNE 16, 2009
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA
TUESDAY, JULY 7, 2009
COMMITTEES TBA COUNCIL ROOM - HILO
333 Kilauea Avenue
Ben Franklin Building
Second Floor
WEDNESDAY, JULY 8, 2009
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
333 Kilauea Avenue
Ben Franklin Building
Second Floor