HomeMy WebLinkAboutAGE COUNCIL 08/05/2009 2008-2010J YOSHIMOTO
Chub & Presiding O~eer
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~'~ °i• ".+ GUY ENRIQUES
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• .`, ylew` BRENDA FORD
;, KELLY GREENWELL
• PETE HOFFMANN
•'-T~''` DONALD IKEDA
EMILY 1. NAEOLE
DENNIS "FRESH" ONISI-11
DOMINIC YAGONG
COUNTY COUNCIL
county of Hnwai'i
Hawai `i County Building
25 Aupuni Street
Hilo, Hawai `i 96720
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ORDER OF BUSINESS c_
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Hawaii County Council ~~
333 Kilauea Avenue '_ - _;
(Ben Franklin Building) ~- 7 ~--'
Second Floor, Council Room ° '-
Flilo, Hawaii _ cn
Wednesday, August 5, 2009
9:00 a.m.
INVOCATION
CALL TO ORDER
KOLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Reverend Brian Welsh of Haili Church
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Serving the Interests of the People of Our Lc[nnd
Hnwni`i Cowrty is nn EqualOppartunity Provider anAEmployer.
Hawaii County Council-20 Page 2 August 5, 2009
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON OTHER BUSINESS
10:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS
Comm. 436: NOMINATION OF MR. GUY H. KAULUKUKUI (DISTRICT 6) TO THE
CHARTER COMMISSION
From Mayor Billy Kenoi, dated July 7, 2009, nominating Mr. Kaulukukui to the
Charter Commission; and
Comm. 436.1: From Council Chair J Yoshimoto, dated July 24, 2009, referring this matter directly
to the Council for placement on its August 5, 2009 agenda.
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 Apri123, 2008, Which Took Effect on July 1, 2008.
Re: Comm. 419
Intr. by: Mr. Yagong
Negative: FC-71/FC-71A
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Finance Committee agenda.
Council action is contingent upon action at that Committee 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
Honokohau Properties. }
Re: Comm. 434
Intr. by: Mr. Enriques
Deferred: July 22, 2009
;and
Comm. 434.1: From Council Chair J Yoshimoto, dated July 24, 2009, referring this matter directly
to the Council for placement on its August 5, 2009 agenda.
Hawaii County Council-20 Page 3 August 5, 2009
Res. 218-09: Designates the County Council's Vice Chair and 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 02-09,
OS-09, 06-09, 07-09, 08-09, 09-09, 10-09, 11-09, 200-09, 201-09, and 217-09.}
Re: Comm. 463
Intr. by: Mr. Enriques
11:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING), ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, AND
REFERRALS FOR EXECUTIVE SESSION
(NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.)
BILLS FOR ORDINANCES (FIRST READING)
Bi1121: Amends Section 25-8-24 (Kurtistown 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 - 20,000 Square Feet (RS-20) to
Single Family Residential - 15,000 Square Feet (RS-15) at Kea`au, Puna, Hawaii,
Covered by Tax Map Key:l-7-016:028 (approx..823 acre). {Melody Parong,
Applicant. }
Re: Comm. 97
Intr. by: Mr. Ikeda
Approve: PC-6
Postponed: March 3, 2009
(Note: There is a pending motion by Ms. Ford and duly seconded by
Mr. Hoffmann to approve Bi1121.)
and
Comm. 97.1: From All Aina Services, on behalf of Ms. Parong, requesting this matter be
postponed under further notification; and
Comm. 97.2: From Planning Director BJ Leithead Todd, dated May 29, 2009, submitting a copy
of a letter from the State Department of Transportation regarding the above-
referenced change of zone request; and
Comm. 97.3: From Ms. Lori Mikkelson, Agent for the owner, requesting that this matter be
placed on the Council's agenda. (States that the State Department of Transportation
has no objections to their Change of Zone application.)
Hawaii County Council-20 Page 4 August 5, 2009
Bi1154 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 - 1 Acre (ML-la) 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/PC-37A
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Planning Committee agenda.
Council action is contingent upon action at that Committee meeting.)
;and
Comm. 207.10: From Council Member Donald Ikeda, dated July 20, 2009, transmitting a proposed
amendment to Bill 54, Draft 4.
Bi1165: 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/PWIRC-27A
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Public Works and
Intergovernmental Relations Committee agenda. Council action is contingent
upon action at that Committee meeting.)
Bi1191: 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/PWIRC-28A
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Public Works and
Intergovernmental Relations Committee agenda. Council action is contingent
upon action at that Committee meeting.)
Hawaii County Council-20 Page 5 August 5, 2009
Bi1198: 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/PWIRC-22A
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Public Works and
Intergovernmental Relations Committee agenda. Council action is contingent
upon action at that Committee meeting.)
Bi1199: 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/PWIRC-23A
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Public Works and
Intergovernmental Relations Committee agenda. Council action is contingent
upon action at that Committee 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 Kulani Road."}
Re: Comm. 407
Intr. by: Ms. Ford
Approve: PWIRC-24/PWIRC-24A
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Public Works and
Intergovernmental Relations Committee agenda. Council action is contingent
upon action at that Committee meeting.)
Hawaii County Council-20 Page 6 August 5, 2009
Bill 101: Amends Ordinance No. 98-8 Which Reclassified Lands from Agricultural - 5 Acres
(A-Sa) to Residential and Agricultural - .5 Acre (RA-.Sa) 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/PC-36A
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Planning Committee agenda.
Council action is contingent upon action at that Committee meeting.)
;and
Comm. 408.1: Copy of an e-mail to Council Member Donald Ikeda, dated July 8, 2009, from
Assistant Pastor Gary Summers, Grace Community Church, transmitting
information requested at the July 7, 2009, Planning Committee meeting, relating to
Bill 101.
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/PWIRC-25A
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Public Works and
Intergovernmental Relations Committee agenda. Council action is contingent
upon action at that Committee 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/PWIRC-26A
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Public Works and
Intergovernmental Relations Committee agenda. Council action is contingent
upon action at that Committee meeting.)
Hawaii County Council-20 Page 7 August 5, 2009
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 II ($25.95), and
Wainani Estates Subdivision Phase I ($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/FC-70A
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Finance Committee agenda.
Council action is contingent upon action at the Finance Committee meeting.)
Bill 118: Further Amends Ordinance No. 08-64, as Amended by Ordinance No. 09-13,
Relating to Extending Public Use of the Haleki`i Street Extension. {The proposed
amendment extends the sunset date from six months to one year. Unless amended,
public use of the Haleki`i Street Extension will end on September 4, 2009. The
Public Works Department believes an additional six months is warranted, and will
provide relief to area motorists until a permanent solution is implemented. }
Re: Comm. 455
Intr. by: Mr. Yoshimoto
Waived: Council
ORDER OF THE DAY (SECOND OR FINAL READING)
REPORTS
FC-69/FC-69A 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: July 22, 2009
(Note: This matter is also on the August 4, 2009, Finance Committee agenda.
Council action is contingent upon action at the Finance Committee meeting.)
Hawaii County Council-20 Page 8 August 5, 2009
PWIRC-21/ Recommends the acceptance of the Mamalahoa Highway Bypass 60-Day Report.
PWIRC-21A
Comm. 399: Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Public Works and
Intergovernmental Relations Committee agenda. Council action is contingent
upon action at that Committee meeting.)
PSPRC-12/ Recommends approval of the nominations of the following individuals to the
PSPRC-12A Veterans Advisory Commission: Mr. Emile W. Wery, Mr. David R. Carlson,
(Comm. 398): Mr. Antonio T. Gaspar, and Mr. Don D. Bennett.
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Public Safety and Parks and
Recreation Committee agenda. Council action is contingent upon action at that
Committee meeting.)
PSPRC-13/ Recommends approval of the nomination of Mr. Scott Stabo (Council District 6) to
PSPRC-13A the Fire Commission.
(Comm. 411):
Deferred: July 22, 2009
(Note: This matter is also on the August 4, 2009, Public Safety and Parks and
Recreation Committee agenda. Council action is contingent upon action at that
Committee 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.)
Hawaii County Council-20 Page 9 August 5, 2009
(Note: For Bills and Resolutions that have passed final reading at the June 16 and July 8 Council meetings,
alternate numbering is used; for example, Res. xxx-09 is listed as Res. xxx-09A. The Committee Reports do
not reflect the alternate numbering used because those matters were approved prior to the Council's vote
on Resolution Numbers 200-09 and 201-09 (reorganization).)
THE FOLLOWING ITEMS WERE ORIGINALLY LISTED
ON THE COUNCIL'S JUNE 16, 2009, AGENDA
ORDER OF RESOLUTIONS (June 16, 2009)
Res. 108-09A: 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
Vote on Res. 108-09 at the 6/16/09 Council meeting:
ADOPTED:
AYES: Council Members Enriques, Ford,
Greenwell, Hoffmann, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 178-09A 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
Vote on Res. 178-09 (Draft 2) at the 7/8/09 Council
meeting:
AYES: Council Members Enriques, Ford,
Greenwell, Hoffmann, Ikeda, Naeole,
Onishi, and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Yagong - 1.
EXCUSED: None.
(Note: For informational purposes, the original Resolution 178-09 (Draft 2)
was postponed on June 16, 2009 to the July 8, 2009 Council meeting; and the
subsequent communications listed below were presented on July Stn )
;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; and
Comm. 358.14: From Risk Management Officer Scott T. Knowles, Finance Department, providing
additional information (Attachment E -Photo Index).
Hawaii County Council-20 Page 10 August 5, 2009
Res. 194-09A:
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. }
Vote on Res. 194-09 at the 6/16/09 Council meeting:
ADOPTED:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong,
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Re: Comm. 391
Intr. By: Mr. Enriques
Waived: FC
Res. 195-09A: 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
Vote on Res. 195-09 at the 6/16/09 Council meeting:
ADOPTED:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong,
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Res. 196-09A: 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. 197-09A:
Vote on Res. 196-09 at the 6/16/09 Council meeting:
ADOPTED:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong,
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
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. }
Vote on Res. 197-09 at the 6/16/09 Council meeting:
Re: Comm. 394
Intr. by: Mr. Yagong
Waived: FC
ADOPTED:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong,
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Hawaii County Council-20 Page 11 August 5, 2009
Res. 198-09A: 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
Vote on Res. 198-09 at the 6/16/09 Council meeting:
ADOPTED:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Res. 199-09A: 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
BILLS FOR ORDINANCES (FIRST READING) (June 16, 2009)
Vote on Res. 199-09 at the 6/16/09 Council meeting:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Bi1187A: 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
Vote on Bill 87 at the 6/16/09 Council meeting:
PASSED 1ST READING:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Hawaii County Council-20 Page 12 August 5, 2009
Bi1188A: 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
Vote on Bill 88 at the 6/16/09 Council meeting:
PASSED 1ST READING:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong,
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Bi1189A: 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
Blll 92A:
Re:
Intr. by:
Approve
2/3 Vote
Vote on Bill 89 at the 6/16/09 Council meeting:
PASSED 1ST READING:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong,
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
PASSED 1ST READING:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong,
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Section 47-5, Hawaii Revised Statutes
Bi1197A: 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 $1,312,147.}
Re: Comm. 390
Intr. by: Mr. Hoffmann
Waived: CHA
Comm. 372
Mr. Yagong
FC-68
Amends Ordinance No. 08-106 of the County ofHawai`i, Pertaining to the Issuance of
General Obligation Bonds for the Purpose of Financing Various Public Improvements
Described Therein. {Amends Exhibit A, Draft 2, with "Exhibit A, Draft 3", to adjust
funding for various projects based on actual needs that differ from the original
estimates in the bond ordinance with one new project added, Kealakehe Wastewater
Treatment Plant Sludge Removal. There is no change to the total amount of the bond
authorlZatlon ~$ I14,588,700). } Vote on Bi1192 at the 6/16/09 Council meeting:
Vote on Bill 97 at the 6/16/09 Council meeting:
PASSED 1ST READING:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Hawaii County Council-20 Page 13 August 5, 2009
Bi11321A 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.}
Vote on Bi11321 (2006-2008) at the 7/8/09 Council
meeting:
FILED DUE TO THE FOLLOWING VOTE:
AYES: None.
NOES: Council Members Enriques, Ford,
Greenwell, Hoffmann, Ikeda, Naeole,
Onishi, and Chair Yoshimoto - 8.
ABSENT: Council Member Yagong - 1.
EXCUSED: None.
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. For
informational purposes, this measure was postponed on June 16, 2009 to the
July 8, 2009 Council meeting; and this measure was filed on July 8t" due to the
above votes.
;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.
ORDER OF THE DAY (SECOND OR FINAL READING) (June 16, 2009)
Bi1166A 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
Blll 77A:
Vote on Bill 66 (Draft 2) at the 6/16/09 Council meeting:
PASSED 2ND & FINAL READING:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
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. }
Vote on Bill 77 at the 6/16/09 Council meeting:
PASSED 2ND & FINAL READING:
Re: Comm. 33 1 AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong
Intr, by: Mr. Yagong and Chair Yoshimoto - 8.
NOES: None.
1st Reading: June 2, 2009 ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Hawaii County Council-20 Page 14 August 5, 2009
Bi1178A:
Re:
Intr. by:
1st Reading:
2/3 Vote:
Comm. 332
Mr. Yagong
PASSED 2ND & FINAL READING:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong,
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
June 2, 2009
Section 10-6(d), Hawai`i County Charter
Bi1179A 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 increased 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
Vote on Bi1179 (Draft 2) at the 6/16/09 Council meeting:
PASSED 2ND & FINAL READING:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bi1193A: 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
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. }
Vote on Bill 78 at the 6/16/09 Council meeting:
Vote on Bill 93 at the 6/16/09 Council meeting:
PASSED 2ND & FINAL READING:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Hawaii County Council-20 Page 15 August 5, 2009
Bi1194A 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. }
Vote on Bi1194 (Draft 2) at the 6/16/09 Council meeting:
PASSED 2ND & FINAL READING:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong,
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Re: Comm. 379.2
Intr. by: Mr. Yagong
1st Reading: June 2, 2009
Blll 95A:
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 t0 OHA Tralning Grant. } vote on Bi1195 at the 6/16/09 Council meeting:
Re: Comm. 380
Intr. by: Mr. Yagong
1st Reading: June 2, 2009
REPORTS (June 16, 2009)
FINANCIAL
REPORT:
FINANCIAL
REPORT:
PASSED 2ND & FINAL READING:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, Yagong
and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Monthly Budget Status Report from the Department of Finance for the Month
Ended January 31, 2009.
Vote on Financial Report (1/31/09) at the 6/16/09 Council
meeting:
ACCEPTED:
AYES: Council Members Enriques, Ford, Hoffmann,
Ikeda, Naeole, Onishi, Yagong and
Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
Monthly Budget Status Report from the Department of Finance for the Month
Ended February 28, 2009.
Vote on Financial Report (2/28/09) at the 6/16/09 Council
meeting:
ACCEPTED:
AYES: Council Members Enriques, Ford, Hoffmann,
Ikeda, Naeole, Onishi, Yagong and
Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: None.
REFERRALS FOR EXECUTIVE SESSION (June 16, 2009)
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.
Vote on Comm. 397 at the 6/16/09 Council meeting:
CONCURRED WITH THE RECOMMENDATION OF
CORPORATION COUNSEL:
AYES: Council Members Enriques, Ford,
Hoffmann, Ikeda, Naeole, Onishi, and
Chair Yoshimoto - 7.
NOES: None.
ABSENT: Council Member Greenwell - 1.
EXCUSED: Council Member Yagong - 1.
Hawaii County Council-20 Page 16 August 5, 2009
THE FOLLOWING ITEMS WERE ORIGINALLY LISTED
ON THE COUNCIL'S JULY 8, 2009, AGENDA
REPORTS (July 8, 2009)
FINANCIAL
REPORT:
FINANCIAL
REPORT:
FINANCIAL
REPORT:
Monthly Budget Status Report from the Department of Finance for the Month
Ended March 31, 2009.
Vote on Financial Report (3/31/09) at the 7/8/09
Council meeting:
ACCEPTED:
AYES: Council Members Enriques, Ford,
Greenwell, Hoffmann, Ikeda, Naeole,
Onishi, and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Yagong - 1.
EXCUSED: None.
Monthly Budget Status Report from the Department of Finance for the Month
Ended Apri130, 2009.
Vote on Financial Report (4/30/09) at the 7/8/09
Council meeting:
ACCEPTED:
AYES: Council Members Enriques, Ford,
Greenwell, Hoffmann, Ikeda, Naeole,
Onishi, and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Yagong - 1.
EXCUSED: None.
Monthly Budget Status Report from the Department of Finance for the Month
Ended May 31, 2009.
Vote on Financial Report (5/31/09) at the 7/8/09
Council meeting:
ACCEPTED:
AYES: Council Members Enriques, Ford,
Greenwell, Hoffmann, Ikeda, Naeole,
Onishi, and Chair Yoshimoto - 8.
NOES: None.
ABSENT: Council Member Yagong - 1.
EXCUSED: None.
REFERRALS FOR EXECUTIVE SESSION (July 8, 2009)
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. 424
CLAIM AGAINST THE COUNTY OF HAWAII/FLORENCE M MIYAZONO
From Deputy Corporation Counsel Brooks Bancroft, dated June 25, 2009.
Vote on Comm. 424 at the 7/8/09 Council meeting:
CONCURRED WITH THE RECOMMENDATION
OF CORPORATION COUNSEL:
AYES: Council Members Enriques, Ford,
Greenwell, Hoffmann, Naeole, Onishi,
and Chair Yoshimoto - 7.
NOES: None.
ABSENT: Council Members Ikeda and Yagong - 2.
EXCUSED: None.
(End of "Other Business" on Items from the Council's
June 16 and July 8, 2009 Agendas)
ANNOUNCEMENTS
Hawaii County Council-20 Page 17 August 5, 2009
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 August 3, 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.
Public Attendance Via Videoconference is available at the following locations unti14:30 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 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, August 12 and 19, 2009 to follow the viewing of the August 4, 2009 Council meeting, which is
scheduled to start at 6 p.m.; Friday's, August 14 and 21, 2009 to follow the viewing of the August 4, 2009
Council meeting, which is scheduled to start at 12 p.m.; and Sunday's, August 16 and 23, 2009 to follow the
viewing of the August 4, 2009 Council meeting, which is scheduled to start at 9 a.m. These airtimes are subject
to preemption by broadcasts from the State Legislature.
UPCOMING MEETINGS
TUESDAY, AUGUST 18, 2009
COMMITTEES TBA
WEDNESDAY, AUGUST 19, 2009
COUNCIL 9:00 AM.
TUESDAY, SEPTEMBER 1, 2009
COMMITTEES TBA
WEDNESDAY, SEPTEMBER 2, 2009
COUNCIL 9:00 AM.
SHERATON KEAUHOU
BAY RESORT & SPA
SHERATON KEAUHOU
BAY RESORT & SPA
SHERATON KEAUHOU
BAY RESORT & SPA
SHERATON KEAUHOU
BAY RESORT & SPA