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Home My WebLink AboutAGE COUNCIL 06/16/2009 2008-2010J YOSHIMOTO Chair & Presiding Officer PETE HOFFMANN Vice Chair 16'x' Session COUNTY COUNCIL Caunry of Hawaii Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Tuesday, June 16, 2009 9:00 a.m. INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Pete Hoffmann, Council Vice Chair GUY ENRIQUES BRENDA FORD KELLY GREENWELL DONALDIKEDA EMILY I. NAEOLE DENNIS "FRESH" ONISHI DOMINIC YAGONG RECEIVE 1-•~M-. Br-~... .,, County Coundl . (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the Peop/e of Our brland Huwui`i County is an Equal Opportunity Provider and Employer. Hawaii County Council-16 Page 2 June 16, 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. 389: PROPOSED SLATE OF OFFICERS FOR THE HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) 2009-2010 FISCAL YEAR From Council Member Dennis Onishi, dated May 27, 2009, requesting approval of the proposed slate of officers for the HSAC 2009-2010 Fiscal Year: President, Council Member Derek Kawakami; Vice President, Council Member Nestor Garcia; Secretary, Council Member Dennis "Fresh" Onishi; and Treasurer, Council Member Joseph Pontanilla. Waived: PWIRC ORDER OF RESOLUTIONS Res. 108-09: Initiates an Interim Amendment to Ordinance No. OS-25, as Amended, the County of Hawaii General Plan, Relating to the Conversion from a Single Planning Commission to Windward and Leeward Planning Commissions. {Attaches a bill labeled as "Exhibit A", which initiates an interim amendment to the General Plan to account for the conversion from a single Planning Commission to Windward and Leeward Planning Commissions. Recommendations from the Planning Director, Windward Planning Commission, and Leeward Planning Commission on the proposed amendments indicated in "Exhibit A" shall be provided to the County Council on or before the 120th day from the date of adoption of this resolution. } Re: Comm. 365 Intr. by: Mr. Ikeda Approve: PC-35 Res. 178-09 Authorizes the Director of Finance to Enter Into Negotiations for Acquisition of (Draft 2): TMK(s):1-3-1:74 and 1-3-1:83, Known as the Pahoa Steam Vents, in the District of Puna Pursuant to Chapter 2, Article 36, of the Hawaii County Code 1983 (2005 Edition, as Amended). {Allowable expenditure for public purposes relating to the Geothermal Relocation and Community Benefits Program includes expenditure for land acquisition by way of appropriation by the Council after receipt of recommendations from the Planning Director. } Re: Comm. 358.3 Intr. by: Ms. Naeole Approve: FC-67 Hawaii County Council-16 Page 3 June 16, 2009 Res. 194-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,032.65 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 6 would be used towards Miloli`i Park or other Parks and Recreation programs and/or facility repairs in District 6. } Re: Comm. 391 Intr. by: Mr. Enriques Waived: FC Res. 195-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $221.65 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 4 would be used towards park improvement projects in District 4.} Re: Comm. 392 Intr. by: Mr. Onishi Waived: FC Res. 196-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,257.65 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 5 would be used towards park improvement projects in District 5.} Re: Comm. 393 Intr. by: Ms. Naeole Waived: FC Res. 197-09: Authorizes the Corporation Counsel, and His Authorized Representatives, to Enter Into an Agreement with the Individually Named Party, Who Was a Former Employee of the County of Hawaii, to Represent Him in the Civil Action Entitled George K. Young, Jr. v. State ofHawai `i, et al., Civil No. CV08-00540 DAE/KSC. {The subject matter of this resolution was discussed with the Council during the executive session held on May 20, 2009. } Re: Comm. 394 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-16 Page 4 June 16, 2009 Res. 198-09: Authorizes the Mayor to Enter Into an Agreement with the State of Hawaii Department of Land and Natural Resources, Legacy Land Conservation Commission, and to Accept Funds for the Acquisition of Kawa, District of Ka`u, Island of Hawaii. {On October 10, 2007, the County applied for funding by grant from the aforementioned Commission for the acquisition of Kawa. The Commission approved the application and granted the amount of $1,500,000 to the County, which was approved by the Board of Land and Natural Resources on May 9, 2008. (The Board must encumber these funds on or before June 30, 2009.)} Re: Comm. 395 Intr. by: Mr. Yagong Waived: FC Res. 199-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,491.65 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 3 would be used towards park improvement projects in District 3.} Re: Comm. 396 Intr. by: Mr. Yoshimoto Waived: FC Res. 200-09: Designates Emily I. Naeole as the Council Vice Chair. Re: Comm. 401 Intr. by: Mr. Onishi Res. 201-09: Designates the Chairs and Vice Chairs of the County Council's Standing Committees, as follows: Public Works and Intergovernmental Relations - Guy Enriques, Chair, and Kelly Greenwell, Vice Chair; Planning -Donald Ikeda, Chair, and Guy Enriques, Vice Chair; Finance -Dennis Onishi, Chair, and Donald Ikeda, Vice Chair; Food and Energy Sustainability -Brenda Ford, Chair, and Pete Hoffmann, Vice Chair; Public Safety and Parks and Recreation - Dominic Yagong, Chair, and Dennis Onishi, Vice Chair; Environmental Management -Kelly Greenwell, Chair, and Brenda Ford, Vice Chair; and Human Services and Economic Development -Emily Naeole, Chair, and Dominic Yagong, Vice Chair. {Rescinds Resolution Numbers OS-09, 06-09, 07-09, 08-09, 09-09, 10- 09, and 11-09.} Re: Comm. 402 Intr. by: Mr. Enriques Hawaii County Council-16 Page 5 June 16, 2009 Res. 202-09: Amends the Rules of Procedure and Organization of the Council of the County of Hawaii and Designate the Chair and Vice Chair of the County Council's Standing Committees, as follows: Planning -Donald Ikeda, Chair, and Guy Enriques, Vice Chair; Public Works and Intergovernmental Relations -Guy Enriques, Chair, and Kelly Greenwell, Vice Chair; Finance -Dennis Onishi, Chair, and Donald Ikeda, Vice Chair; Public Safety and Parks and Recreation -Emily Naeole, Chair, and Guy Enriques, Vice Chair; Environmental Management and Energy Sustainability - Kelly Greenwell, Chair, and Dennis Onishi, Vice Chair. {Rule No. 6 of the Rules of Procedure and Organization of the Council of the County of Hawaii is amended as indicated in "Exhibit A". Rescinds Resolution Numbers OS-09, 06-09, 07-09, 08-09, 09-09, 10-09, and 11-09} Re: Comm. 403 Intr. by: Mr. Onishi 10:15 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) Bi1187: 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 Industrial-Commercial Mixed - 20,000 Square Feet (MCX-20) at Waiakea Houselots, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-035:001 and 103 (approx. 22,820 square feet). {Beth-An and Cary Nishijima, Applicant.} Re: Comm. 362 Intr. by: Mr. Ikeda Approve: PC-32 Bi1188: 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 Industrial-Commercial Mixed - 20,000 Square Feet (MCX-20) at Waiakea Houselots, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-050:043 (approx. 45,800 square feet). {Dr. Trevor Rodrigues, Applicant.} Re: Comm. 363 Intr. by: Mr. Ikeda Approve: PC-33 Hawaii County Council-16 Page 6 June 16, 2009 Bi1189: 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 Industrial-Commercial Mixed - 20,000 Square Feet (MCX-20) at Waiakea Houselots, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-035:006 (approx. 22,900 square feet). {Estrella C. Acasio, Applicant.} Re: Comm. 364 Intr. by: Mr. Ikeda Approve: PC-34 Bi1192: Amends Ordinance No. 08-106 of the County ofHawai`i, Pertaining to the Issuance of General Obligation Bonds for the Purpose of Financing Various Public Improvements Described Therein. {Amends Exhibit A, Draft 2, with "Exhibit A, Draft 3", to adjust funding for various projects based on actual needs that differ from the original estimates in the bond ordinance with one new project added, Kealakehe Wastewater Treatment Plant Sludge Removal. There is no change to the total amount of the bond authorization ($114,588,700).} Re: Comm. 372 Intr. by: Mr. Yagong Approve: FC-68 2/3 Vote: Section 47-5, Hawaii Revised Statutes Bi1197: Amends Ordinance No. 09-64, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2010. {Increases revenues in Federal Grants - Workforce Investment Act (WIA) ($1,312,147); appropriates to the following: WIA -Administration Planning 2009-10 ($131,213), WIA -Adult Program 2009-10 ($423,894), WIA -Dislocated Worker Program 2009-10 ($325,168), and WIA -Youth Program 2009-10 ($431,872), for a total of $1,312,147.} Re: Comm. 390 Intr. by: Mr. Hoffmann Waived: CHA Hawaii County Council-16 Page 7 June 16, 2009 Bi11321 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (2006-2008): 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 General Commercial - 10,000 Square Feet (CG-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-025:011 (approx. 9,886 square feet). {Freditas Udani, Applicant.} Re: Comm. 1320 Intr. by: Mr. Pilago Approve: PC-99 (Note: There is a pending motion by former Council Member Pilago and duly seconded by former Council Member Jacobson to approve Bi11321.) ;and Comm. 1320.3: From former Planning Director Christopher J. Yuen, dated October 29, 2008, commenting on the minimum improvements that the Planning Department would recommend of rezoning this property to CG. 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 ORDER OF THE DAY (SECOND OR FINAL READING) Bi1166 Amends Chapter 24, Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Inattention to Driving. {Adds a new 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 ahands-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 1st Reading: June 2, 2009 Bi1177: 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 1st Reading: June 2, 2009 Hawaii County Council-16 Page 8 June 16, 2009 Bi1178: 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 Apri12009 Preliminary Engineering Report. } Re: Comm. 332 Intr. by: Mr. Yagong 1st Reading: June 2, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bi1179 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. {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. 337.2 Intr. by: Mr. Yagong 1st Reading: June 2, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bi1193: 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 1st Reading: June 2, 2009 Hawaii County Council-16 Page 9 June 16, 2009 Bi1194 Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of (Draft 2): 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. 379.2 Intr. by: Mr. Yagong 1st Reading: June 2, 2009 Bi1195: 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 1st Reading: June 2, 2009 REPORTS FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended January 31, 2009. FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended February 28, 2009. PC-29 Recommends approval of the nomination of Mr. Wayne K Iokepa to the Leeward (Comm. 370): Planning Commission. PC-30 Recommends approval of the nomination of Mr. Brandi K. Beaudet to the Leeward (Comm. 370): Planning Commission. PC-31 Recommends approval of the nomination of Mr. Christopher A. Manfredi to the (Comm. 371): Windward Planning Commission. 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. 397: LORNA ABRAN V COUNTY OF HAWAII CIVIL NO. 07-1-0133 From Deputy Corporation Counsel Michael J. Udovic, dated June 3, 2009. Hawaii County Council-16 Page 10 June 16, 2009 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 June 12, 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 ca11961-8255. 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, unti14:30 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. 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, June 24 and July 1, 2009, at 6 p.m.; Friday's, June 26 and July 3, 2009, at 12 p.m.; and Sunday's, June 28 and July 5, 2009, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS COMMITTEES TUESDAY, JULY 7, 2009 TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-16 Page 11 June 16, 2009 COUNCIL WEDNESDAY, JULY 8, 2009 9:00 AM. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COMMITTEES TUESDAY, JULY 21, 2009 TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, JULY 22, 2009 COUNCIL 9:00 AM. SHERATON KEAUHOU BAY RESORT & SPA