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Home My WebLink AboutAGE COUNCIL 07/22/2009 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 18th Session ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Wednesday, July 22, 2009 9:00 a.m. INVOCATION Reverend Tullos Jones of Kona Baptist Church CALL TO ORDER 9:02 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-18 Page 2 July 22, 2009 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS COMMUNICATIONS Comm. 439: UPDATE OF THE STATE OF THE CURRENT LAWSUIT (WEST HAWAII TODAY V. CO UNTY CO UNCIL OF THE CO UNTY OF HA WAI I) RE THE COUNCIL MEETING HELD ON JUNE 16, 2009 From Corporation Counsel Lincoln Ashida, dated July 14, 2009, requesting to meet with the Council on issues relating to the state of the current lawsuit, discussions with OIP, and the possible consequences of the Council moving forward with its business with the claims of the lawsuit not vet resolved. FILED COMMLINICATION'~9 AND APPROVED THE RECOMMENDATIONS OF CORPORATION COUNSEL 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. 11:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) ORDER OF RESOLUTIONS Res. 204-09: Requests the Hawaii County Salary Commission to Revert the Hawaii County Council Pay Scale Back to the Previous Compensation Level Prior to the 22.14% Salary Increase Granted on April 23, 2008, Which Took Effect on July 1, 2008. Re: Comm. 419 Intr. by: Mr. Yagong Negative: FC-71 DEFERRED TO THE AUGLIST 2009_ COUNCIL MEETING Res. 209-09: Authorizes the Mayor to Execute Memorandums of Agreement with the Various Landowners for the Acquisitions of the Rights-of-Way for the Ane Keohokalole Highway (Mid-Level Road project). {The landowners who adjoin the Mid-Level Road project wish to participate with the County by donating land for the roadway are: Queen Lili`uokalani Trust Lanihau Properties, LLC; SCD Kaloko Makai, LLC; Hawaii Housing Finance and Development Corporation; State of Hawaii, Department of Land and Natural Resources; State of Hawaii, Department of Hawaiian Home Lands; State of Hawaii, Department of Education; and McClean Honok6hau Properties.) Re: Comm. 434 Intr. by: Mr. Enriques Waived: PWIRC DEFERRED TO THE AUGUST 5. 2009_ COUNCIL MEETING Hawaii County Council-18 Page 3 July 22, 2009 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING), ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS BILLS FOR ORDINANCES (FIRST READING) Bill 54 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning (Draft 4): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Limited Industrial - I Acre (ML-Ia) to Industrial-Commercial Mixed - 1 Acre (MCX-la) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key: 7-3-051:065 (approx. 59,669 square feet). {William and Dixie Minson, Applicants.) Re: Comm. 207.9 Intr. by: Mr. Greenwell Approve: PC-37 DEFERRED TO THE AUGLIST 2000 COUNCIL MEETING Bill 65: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mile per hour limit), paragraph (f), Kona, subparagraph (9), by amending it to read: "Mamalahoa Highway, from the terminus of the State Highway in Honalo to a point five thousand one hundred feet in the southerly direction."} Re: Comm. 366 Intr. by: Ms. Ford Approve: PWIRC-27 DEFERRED TO THE AUGLIST 2000 COUNCIL MEETING Bill 91: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 (30 mile per hour limit), paragraph (f), Kona, subparagraph (3), by amending it to read: "Mamalahoa Highway, from a point five thousand one hundred feet in the southerly direction from the terminus of the State Highway in Honalo to the beginning of the State Highway in Captain Cook."} Re: Comm. 367 Intr. By: Ms. Ford Approve: PWIRC-28 DEFERRED TO THE AUGLIST 2000 _ COUNCIL MEETING Hawaii County Council-18 Page 4 July 22, 2009 Bill 98: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. }Amends Chapter 24, Article 10, Division 2, Section 24-265, Schedule 13 (Yield locations), paragraph (c), South Hilo, by adding "Akolea Road, southbound approach to bridge adjacent to parcels identified by Tax Map Key Numbers (3) 2-5-006:130, 2-5-047:002, 2-5-056:041, and 2-5-056:043. Re: Comm. 405 Intr. by: Ms. Ford Approve: PWIRC-22 DEFERRED TO THE AUGUST 2009_ COUNCIL MEETING Bill 99: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. }Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mile per hour limit), paragraph (g), Puna, by adding "South Kopua Road."} Re: Comm. 406 Intr. by: Ms. Ford Approve: PWIRC-23 DEFERRED TO THE AUGUST 2009_ COUNCIL MEETING Bill 100: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. }Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mile per hour limit), paragraph (g), Puna, by adding "South Kulam Road."} Re: Comm. 407 Intr. by: Ms. Ford Approve: PWIRC-24 DEFERRED TO THE AUGUST 2009_ COUNCIL MEETING Bill 101: Amends Ordinance No. 98-8 Which Reclassified Lands from Agricultural - 5 Acres (A-5a) to Residential and Agricultural - .5 Acre (RA-.5a) at Honokohau 2 d, North Kona, Hawaii, Covered by Tax Map Key: 7-4-06:038 (approx. 5.055 acres); Request -Time Extension to Condition D (Final Subdivision Approval). }Grace Community Church, Applicant.) Re: Comm. 408 Intr. by: Mr. Ikeda Approve: PC-36 DEFERRED TO THE AUGUST 2000 COUNCIL MEETING ;and Comm. 408.1: Copy of an e-mail to Council Member Donald Ikeda, dated July 8, 2009, transmitting information requested at the July 7, 2009, Planning Committee meeting, relating to Bill 101. Hawaii County Council-18 Page 5 July 22, 2009 Bill 102: Amends Ordinance No. 09-48, Relating to the International Energy Conservation Code (IECC). {Clarifies that copies of the IECC will be available for public inspection at the Public Works Department and Office of the County Clerk, and deletes an unnecessary reference to Section 3(a) of the IECC. ) Re: Comm. 409 Intr. by: Mr. Onishi Approve: PWIRC-25 DEFERRED TO THE AUIGUST 2009_ COUNCIL MEETING Bill 103: Amends Chapter 5, Article 1, Section 5-1.0.8, and Chapter 21, Article 2, Section 21-5 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Use of a Tent or a Structure of Similar Type as a Temporary Residence While Constructing a Permanent Dwelling Unit. {Allows individuals holding active building permits the opportunity to live in a temporary structure on their building site while they construct their permanent home.) Re: Comm. 413 Intr. by: Ms. Naeole Approve: PWIRC-26 DEFERRED TO THE AUIGUST 2009_ COUNCIL MEETING Bill 104: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2010. {Increases revenues in Fund Balance from Prior Year - Designated ($221.75); appropriates to the following: Kohala Ranch Project IV ($191.66), Luala`i at Parker Ranch Phase 11($25.95), and Wainam Estates Subdivision Phase 1($4.14), for a total of $221.75. Funds would be maintained separately and will be expended in accordance to the requirements of their respective housing agreements.) Re: Comm. 414 Intr. by: Mr. Onishi Approve: FC-70 DEFERRED TO THE AUGUST 2009_ COUNCIL MEETING ORDER OF THE DAY (SECOND OR FINAL READING) REPORTS FC-69 Recommends acceptance of the donation of fifty $20 gift cards (totaling $1,000) by (Comm. 412): Mr. Jack Clayton and Tesoro employees, Tesoro Hawaii Corporation, to the Parks and Recreation Department's Elderly Activities Division, Nutrition Program, for their Meals-on-Wheels Program. DEFERRED TO THE AUIGUST 2009_ COUNCIL MEETING PWIRC-21 Recommends the acceptance of the Mamalahoa High\\a\ B\ pass 60-Day Report. (Comm. 399): DEFERRED TO THE AUGUST 2000 _ COUNCIL MEETING Hawaii County Council-18 Page 6 July 22, 2009 EMC-5 Recommends approval of the nomination of Mr. Scott Enright (Council District 1) (Comm. 410): to the Environmental Management Commission. NOMINATION AUTOMATICALLY CONFIRMED (PURSUANT TO HAWAII COLINTY CODE_ SECTION 134(1). PSPRC-12 Recommends approval of the nominations of the following individuals to the (Comm. 398): Veterans Advisory Commission: Mr. Emile W. Wen,- Mr. David R. Carlson, Mr. Antonio T. Gaspar_ and Mr. Don D. Bennett. DEFERRED TO THE AUGUST 2009_ COUNCIL MEETING PSPRC-13 Recommends approval of the nomination of Mr. Scott Stabo (Council District 6) to (Comm. 411): the Fire Commission. DEFERRED TO THE AUGLIST 2009_ COUNCIL MEETING REFERRALS FOR EXECUTIVE SESSION 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. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 1:05 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 by July 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. Hawaii County Council-18 Page 7 July 22, 2009 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. 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 29 and August 5, 2009, at 6 p.m.; Friday's, July 31 and August 7, 2009, at 12 p.m.; and Sunday's, August 2 and 9, 2009, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS TUESDAY- AUGUST 4, 2009 SPECIAL MEETING OF 8:00 A.M. COLINCIL ROOM - HILO THE COUNTY' COUNCIL hilauca A\cuuc Bcn Franklin Building Sccond Floor COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor 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