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Home My WebLink AboutAGE COUNCIL 07/08/2009 2008-2010 ACTIONS J YOSHIMOTO OJN<V OF M1~, GUY ENRIQUES Chair & Presiding Officer BRENDA FORD KELLY GREENWELL EMILY L NAEOLE PETE HOFFMANN Vice Chair DONALD IKEDA ,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 17th Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, July 8, 2009 9:00 a.m. INVOCATION Emily L Naeole, Council Vice Chair CALL TO ORDER 9:06 a.m. 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-17 Page 2 July 8, 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. 400: NOMINATIONS TO THE NORTH KOHALA COMMUNITY DEVELOPMENT PLAN (CDP) ACTION COMMITTEE From Mayor Billy Kenoi, dated June 4, 2009, nominating the following individuals to the North Kohala CDP Action Committee: Collin Kaholo, Joseph Carvalho, and Hermann Fernandez (to serve four-year terms); Susan Fischer, Marlene Ching, and Richard Leibmann (to serve three-year terms); and Robert Martin, Ronald Friman, and Jeffrey Alexander (to serve two-year terms). Waived: PC APPROVED THE ABOVE NOMINATIONS WITH THE EXCEPTION OF JEFFREY ALEXANDER ORDER OF RESOLUTIONS 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 Postponed: June 16, 2009 (Note: There is a pending motion by Ms. Naeole and duly seconded by Mr. Onishi to approve Resolution 178-09, Draft 2.) ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong - I. EXCUSED: Nonc. ;and Comm. 358.12: From Risk Management Officer Scott T. Knowles, Finance Department, dated June 25, 2009, providing a risk assessment (inspection) of the steam vent property as well as recommendations; and Comm. 358.13: From Council Member Brenda J. Ford, dated June 23, 2009, requesting that Risk Management Officer Scott T. Knowles, Finance Department, discuss and provide a written Risk Assessment Report to the Council regarding the Pahoa Steam Vent in the Puna District. Hawaii County Council-17 Page 3 July 8, 2009 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 321 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 Udam, Applicant.} Re: Comm. 1320 Intr. by: Mr. Pilago Approve: PC-99 Postponed: October 22, 2008, and June 16, 2009 (Note: There is a pending motion by former Council Member Pilago and duly seconded by former Council Member Jacobson to approve Bill 321.) FILED DUE TO THE FOLLOWING VOTE: AYES: Nonc. NOES: Council Mcrnbcrs Euriqucs_ Ford_ Grccimcll_ Hoffiiaun_ Ikcda_ Nacolc_ Onishi, and Chair Yoshimoto - 8. ABSENT: Council McmbcrYagong - I. EXCUSED: Nonc. ;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 for rezoning this property to CG. 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) Hawaii County Council-17 Page 4 July 8, 2009 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 87: 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 1st Reading: June 16, 2009 PASSED 2`" & FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccn"cll_ Hoffmann_ Hwda_ Nacolc_ Onishi_ and Chair Yoshimoto - S. NOES: None. ABSENT: Council McmbcrYagong - 1. EXCUSED: None. Bill 88: 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 1st Reading: June 16, 2009 PASSED 2"`" c~ FINAL READING: AYES: Council Members Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: None. ABSENT: Council McmbcrYagong - I. EXCUSED: None. Hawaii County Council-17 Page 5 July 8, 2009 Bill 89: 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 1 st Reading: June 16, 2009 PASSED FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_ Nacolc_ Onishi, and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council NlcmbcrYagong - I. EXCUSED: Nonc. Bill 92: 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 1st Reading: June 16, 2009 2/3 Vote: Section 47-5, Hawaii Revised Statutes PASSED 2"`" c~ FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council McmbcrYagong - I. EXCUSED: Nonc. Hawaii County Council-17 Page 6 July 8, 2009 Bill 97: 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 1 st Reading: June 16, 2009 PASSED FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, 11:cda_ Nacolc_ Onishi, and Chair )'oshimoto - 8. NOES: Nonc. ABSENT: Council Nlcmbcr)'agong - I. EXCUSED: Nonc. REPORTS FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended March 31, 2009. ACCEPTED FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended April 30, 2009. ACCEPTED FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended Mae 31, 2009. ACCEPTED 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 FIRS Section 92-4 and Rule 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 424: CLAIM AGAINST THE COUNTY OF HAWAII/FLORENCE M. MIYAZONO From Deputy Corporation Counsel Brooks Bancroft- dated June 25. 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.) Hawaii County Council-17 Page 7 July 8, 2009 ANNOUNCEMENTS ADJOURNMENT 1_2:0 I p. ui. 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 July 6, 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, July 15 and 22, 2009, at 6 p.m.; Friday's, July 17 and 24, 2009, at 12 p.m.; and Sunday's, July 19 and 26, 2009, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS TUESDAY, JULY 21, 2009 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, JULY 22, 2009 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, AUGUST 4, 2009 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-17 Page 8 July 8, 2009 WEDNESDAY, AUGUST 5, 2009 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, AUGUST 18, 2009 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, AUGUST 19, 2009 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA