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HomeMy WebLinkAboutAGE COUNCIL 08/05/2009 2008-2010 ACTIONS J YOSHIMOTO OJN<V OF M1~, GUY ENRIQUES Chair & Presiding Officer BRENDA FORD KELLY GREENWELL PETE HOFFMANN DONALD IKEDA ,TE OF'NF'~ EMILY L NAEOLE DENNIS "FRESH" ONISHI DOMINIC YAGONG COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 20th Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, August 5, 2009 9:00 a.m. INVOCATION Reverend Brian Welsh of Haili Church CALL TO ORDER 9:04 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-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 APPROVED 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 April 23, 2008, Which Took Effect on July 1, 2008. Re: Comm. 419 Intr. by: Mr. Yagong Negative: FC-71/FC-71A Deferred: Jule 22. 2009 FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Ford and Yagong -2. NOES: Council Members Enriqucs_ Grecimell_ Ikeda, Nacole, Onishi_ and Chair Yoshimoto - 6. ABSENT: Council Member Hoffmann - I. EXCUSED: Nonc. (Note: This matter is also on the August 4, 2009, Finance Committee agenda. Council action is contingent upon action at that Committee meeting.) Hawaii County Council-20 Page 3 August 5, 2009 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 Deferred: July 22, 2009 ADOPTED: AYES: Council Mcmbcrs Enriques_ Ford_ Grccimcll_ Ihccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Hoffmann - I. EXCUSED: Nonc. ;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. 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, 05-09, 06-09, 07-09, 08-09, 09-09, 10-09, 11-09, 200-09, 201-09, and 217-09.} Re: Comm. 463 Intr. bv: Mr. Enriques PUBLIC HEARING TO BE HELD ON SEPTEMBER 14 . 2009 AT 6:',0 P.M. IN THE COUNCIL ROOM 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.) Hawaii County Council-20 Page 4 August 5, 2009 BILLS FOR ORDINANCES (FIRST READING) Bill 21: 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: 1-7-016:028 (approx..823 acre). {Melody Parong, Applicant.) Re: Comm. 97 Intr. by: Mr. Ikeda Approve: PC-6 Postponed: March 3, 2009 PASSED 1 ~ ' READING: AYES: Council Members Enriqucs_ Ford_ Grccimcll_ Ihccla_ Nacolc_ Ouishi_ Yagong_ and Cliair Yoshimoto - 8. NOES: Nonc. ABSENT: Council Mcmbcr Hoffmann - 1. EXCUSED: Nonc. (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Hoffmann to approve Bill 21.) ; 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.) 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 - 1 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/PC-37A Deferred: Jule 22. 2009 POSTPONED TO THE AUGUST L>_ 2009_ COUNCIL NIEETING (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. Hawaii County Council-20 Page 5 August 5, 2009 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/PWIRC-27A Deferred: July 22, 2009 PASSED 1'' READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Il:cda_ Nacolc_ Yagong, and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Hoffmann and Onishi - I EXCUSED: Nonc. (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 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/PWIRC-28A Deferred: July 22, 2009 PASSED 1 ~ ' READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Il:cda_ Nacolc_ Yagong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Hoffmann and Onishi - I EXCUSED: Nonc. (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 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/PWIRC-22A Deferred: July 22, 2009 PASSED I'" READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Ikcda, Nacolc- Yagong, and Chair Yoshimoto - 6. NOES: Nonc. ABSENT: Council Mcmbcrs Grccimcll_ Hoffmann- and Onishi - i. EXCUSED: Nonc. (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 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/PWIRC-23A Deferred: July 22, 2009 PASSED 1 READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Ikcda_ Nacolc_ )'agong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Hoffi»arnn and Ornishi - 2. EXCUSED: Nonc. (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 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/PWIRC-24A Deferred: July 22, 2009 PASSED 1" READING: AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccimcll_ Ikcda_ Nacolc_ Yagong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Hoffi»arnn and Ornishi - 2. EXCUSED: Nonc. (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 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/PC-36A Deferred: July 22, 2009 PASSED 1'' READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Ikcda_ Nacolc_ Yagong, and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Hoffmann and Onishi - 2. EXCUSED: Nonc. (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. Hawaii County Council-20 Page 8 August 5, 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/PWIRC-25A Deferred: July 22, 2009 PASSED l~"' READING: AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccimcll_ Ikcda_ Nacolc_ )'agong_ and Chair Yoshimoto - 7. NOES: Nonc. ABSENT: Council Mcmbcrs Hoffi»arnn and Onnishi - 2. EXCUSED: Nonc. (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: Julv 22. 2009 (NOTE: BILL I W WAS AMENDED TO DRAFT 2 AT THE AUGUST -I. 2000_ PWIRC MEETING. THEREFORE- THIS IS BEING HELD OVER IN ORDER TO PLACE DRAFT 2 ON THE COUNCIL'S AUGUST 19. 2009_ AGENDA) (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 9 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 11($25.95), and Wainani 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/FC-70A Deferred: July 22, 2009 PASSED 1'" READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ (Armn"cll_ Ikeda. Nacolc_ Yagong, and Chair Yoshimoto - 7. NOES: None. ABSENT: Council Mcmbcrs Hoffmann and Onishi - 2. EXCUSED: None. (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 PASSED 1'" READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ 11,cda_ Nacolc_ Yagoug_ and Chair Yoshimoto - 7. NOES: None. ABSENT: Council Nlembcrs Hoffmann and Onishi - 2. EXCUSED: None. ORDER OF THE DAY (SECOND OR FINAL READING) Hawaii County Council-20 Page 10 August 5, 2009 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 .=APPROVED (Note: This matter is also on the August 4, 2009, Finance Committee agenda. Council action is contingent upon action at the Finance Committee meeting.) PWIRC-21/ Recommends the acceptance of the Mamalahoa Highway Bypass 60-Day Report. PWIRC-21A Comm. 399: Deferred: July 22, 2009 ACCEPTED (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 APPROVED (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 APPROVED (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 11 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. 05-25, 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.) Vote on Res. 108-09 at the 6/16/09 Council meeting: Re: Comm. 365 ADOPTED: Intr. by: Mr. Ikeda AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, PC-35 Onishi, Yagong, and Chair Yoshimoto - 9. Approve: NOES: None. ABSENT: None. EXCUSED: None. ADOPTED: AYES: Council Nlcmbcrs Enriqucs_ Ford_ Hof riann. Ikeda- Nacolc, Onishi_ Yagong_ and Cliair Yoshimoto - 8. NOES: Council Mcmbcr Grccimcll - 1. ABSENT: Nonc. EXCUSED: Nonc. 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.) Vote on Res. 178-09 (Draft 2) at the 7/8/09 Council meeting: Re: Comm. 358.3 ADOPTED: AYES: Council Members Enriques, Ford, Intr. by: Ms. Naeole Greenwell, Hoffmann, Ikeda, Naeole, Onishi, and Chair Yoshimoto - 8. Approve: FC-67 NOES: None. ABSENT: Council Member Yagong - 1. EXCUSED: None. ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Ikeda- Nacolc_ Onishi, and Chair Yoshimoto - 8. NOES: Council Mcmbcr Yagong - 1. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-20 Page 12 August 5, 2009 (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). 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: Re: Comm. 391 AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, Intr. By: Mr. Enrlques and Chair Yoshimoto - 8. NOES: None. Waived: FC ABSENT: Council Member Greenwell - 1. EXCUSED: None. ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. 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.} Vote on Res. 195-09 at the 6/16/09 Council meeting: Re: Comm. 392 ADOPTED: AYES: Council Members Enriques, Ford, Intr. By: Mr. Onlshl Hoffmann, Ikeda, Naeole, Onishi, Yagong and Chair Yoshimoto - 8. Waived: FC NOES: None. ABSENT: Council Member Greenwell - 1. EXCUSED: None. ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, 11:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-20 Page 13 August 5, 2009 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.} Vote on Res. 196-09 at the 6/16/09 Council meeting: Re: Comm. 393 ADOPTED: Intr. by: MS. NaeOle AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, Waived: FC and Chair Yoshimoto - 8. NOES: None. ABSENT: Council Member Greenwell - 1. EXCUSED: None. ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Res. 197-09A: 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: ADOPTED: Re: Comm. 394 AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong Intr. by: Mr. Yagong and Chair Yoshimoto - 8. NOES: None. Waived: FC ABSENT: Council Member Greenwell - 1. EXCUSED: None. ADOPTED: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikccla_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-20 Page 14 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 Vote on Res. 198-09 at the 6/16/09 Council meeting: ADOPTED: Intr. by: Mr. Yagong AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, Waived: FC and Chair Yoshimoto - 8. NOES: None. ABSENT: Council RI ~ mber Grp ~ nwell - 1. .=ADOPTED: EXCUSED: None. AYES: Council Mcnlbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_ Nacolc- Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. 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.} Vote on Res. 199-09 at the 6/16/09 Council meeting: Re: Comm. 396 ADOPTED: Intr. by: Mr. YOshunoto AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong Waived: FC and Chair Yoshimoto - 8. NOES: None. ABSENT: Council Member Greenwell - 1. ADOPTED: EXCUSED: None. AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikcda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-20 Page 15 August 5, 2009 BILLS FOR ORDINANCES (FIRST READING) (June 16, 2009) Bill 87A: 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.} Vote on Bill 87 at the 6/16/09 Council meeting: Re: Comm. 362 PASSED 1ST READING: Intr. by: Mr. Ikeda AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, Approve: PC-32 and Chair Yoshimoto - 8. NOES: None. ABSENT: Council Member Greenwell - 1. : PASSED I READING: EXCUSED None. AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_ Nacolc_ Onishi_ Yagong_ and Chali- Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 88A: 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.} Vote on Bill 88 at the 6/16/09 Council meeting: Re: Comm. 363 PASSED 1ST READING: Intr. by: Mr. Ikeda AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong Approve: PC-33 and Chair Yoshimoto - 8. NOES: None. ABSENT: Council II~mberGreiswell-1. : PASSED l~" READING: EXCUSED None. AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann_ Ikeda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-20 Page 16 August 5, 2009 Bill 89A: 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.} Vote on Bill 89 at the 6/16/09 Council meeting: Re: Comm. 364 PASSED 1ST READING: Intr. b : Mr. Ikeda AYES: Council Members Enriques, Ford, y Hoffmann, Ikeda, Naeole, Onishi, Yagong, PC-34 and Chair Yoshimoto - 8. Approve: NOES: None. ABSENT: Council Member Greenwell - 1. EXCUSED: None. PASSED 1'' READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 92A: 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).) Vote on Bill 92 at the 6/16/09 Council meeting: PASSED 1STREADING: AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong Re: Comm. 372 and Chair Yoshimoto - 8. NOES: None. Intr. b Mr. Ya ABSENT: Council Member Greenwell - 1. y: gong EXCUSED: None. Approve: FC-68 2/3 Vote: Section 47-5, Hawaii Revised Statutes PASSED 1 READING: 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-20 Page 17 August 5, 2009 Bill 97A: 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.} Vote on Bill 97 at the 6/16/09 Council meeting: Re: Comm. 390 PASSED 1ST READING: Intr. by: Mr. Hoffmann AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, Waived: CI IA and Chair Yoshimoto - 8. NOES: None. ABSENT: Council Member Greenwell - 1. EXCUSED: None. PASSED 1'' READING: AYES: Council Mcnlbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_ Nacolc_ Oiiislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Noiic. Bill 321A 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). {Fredltas Udam, Applicant.) Vote on Bill 321 (2006-2008) at the 7/8/09 Council meeting: Re: Comm. 1320 FILED DUE TO THE FOLLOWING VOTE: AYES: None. Intr. by: Mr. Plla o NOES: Council Members Enriques, Ford, g Greenwell, Hoffmann, Ikeda, Naeole, Approve: PC-99 Onishi, and Chair Yoshimoto - 8. ABSENT: Council Member Yagong - 1. EXCUSED: None. POSTPONED TO THE AUGUST N- 2009_ COUNCIL MEETING (Note: There is a pending motion by former Council Member Pilago and duly seconded by former Council Member Jacobson to approve Bill 321. 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) Bill 66A 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 Hawaii County Council-20 Page 18 August 5, 2009 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 PASSED 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 77A: 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, 331 AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, Intr, by: Mr. Yagong and Chair Yoshimoto - 8. NOES: None. I st Reading: June 2, 2009 ABSENT: Council Member Greenwell - 1. EXCUSED: None. PASSED 2`" & FINAL READING: AYES: Council Mcmbcrs Euriqucs_ Ford_ Grceimell_ Hoffmann- Ihcda_ Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-20 Page 19 August 5, 2009 Bill 78A: 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.) Vote on Bill 78 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. Re: Comm. 332 ABSENT: Council Member Greenwell - 1. Intr. by: Mr. Yagong EXCUSED: None. 1st Reading: June 2, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 2'''A- FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, 11:cda_ Nacolc- Onislii_ Yagong_ and Chair Yos}himoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 79A 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").) vote on Bill 79 (Draft 2 at the 6/16/09 Council meeting: PASSED 2ND & FINAL READING: AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong Re: Comm. 337.2 and Chair Yoshimoto - 8. NOES: None. Intr. 7~ Mr. Ya ABSENT: Council Member Greenwell - 1. y: gong EXCUSED: None. 1st Reading: June 2, 2009 2/3 Vote: Section 10-6(d), Hawai`i County Charter PASSED 2'''', FINAL READING: AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_ Nacolc_ Onishi, Yagong, and Chair )'oshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-20 Page 20 August 5, 2009 Bill 93A: 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.) Vote on Bill 93 at the 6/16/09 Council meeting: Re: Comm. 373 PASSED 2ND & FINAL READING: Intr. by: Mr. Yagong AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, I st Reading: June 2, 2009 and Chair Yoshimoto - 8. NOES: None. ABSENT: Council RI ~ mber Grp ~ nwell - 1. PASSED FINAL READING: EXCUSED: None. AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, 11:cda_ Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 94A 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 Bill 94 (Draft 2) at the 6/16/09 Council meeting: PASSED 2ND & FINAL READING: Re: Comm. 379.2 AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong Intr. by: Mr. Yagong and Chair Yoshimoto - 8. NOES: None. I st Reading: June 2, 2009 ABSENT: Council Member Greenwell - 1. EXCUSED: None. PASSED 2`" c FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, 11:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Bill 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 to OHA Training Grant.) Vote on Bill 95 at the 6/16/09 Council meeting: PASSED 2ND & FINAL READING: Re: Comm. 380 AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong Intr. by: Mr. Yagong and Chair Yoshimoto - 8. NOES: None. I st Reading: June 2, 2009 ABSENT: Council Member Greenwell - 1. EXCUSED: None. PASSED 2`" c FINAL READING: AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, 11:cda_ Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9. NOES: Nonc. ABSENT: Nonc. EXCUSED: Nonc. Hawaii County Council-20 Page 21 August 5, 2009 REPORTS (June 16, 2009) FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended January 31, 2009. Vote on Financial Report (1/31/09) at the 6/16/09 Council ACCEPTED 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. FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended February 28, 2009. Vote on Financial Report (2/28/09) at the 6/16/09 Council ACCEPTED 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 HAWAI`l CIVIL NO. 07-1-0133 From Deputy Corporation Counsel Michael J. Udovic_ dated June 3. 2009. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Vote on Comm. 397 at the 6/16_9 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. THE FOLLOWING ITEMS WERE ORIGINALLY LISTED ON THE COUNCIL'S JULY 8, 2009, AGENDA REPORTS (July 8, 2009) FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended March 31, 2009. Vote on Financial Report (3/31/09) at the 7/8/09 ACCEPTED Council meeting: ACCEPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, and Chair Yoshimoto - 8. NOES: None. ABSENT: Council Member Yagong - 1. RXCI TSFn N- FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended April 30, 2009. Vote on Financial Report (4/30/09) at the 7/8/09 ACCEPTED 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. Hawaii County Council-20 Page 22 August 5, 2009 FINANCIAL Monthly Budget Status Report from the Department of Finance for the Month REPORT: Ended Mav 31, 2009• Vote on Financial Report (5/31/09) at the 7/8/09 ACCEPTED Council meeting: ACCEPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, and Chair Yoshimoto - 8. REFERRALS FOR EXECUTIVE SESSION (Jul 8 ,2009) NOES: None. y ABSENT: Council Member Yagong- 1. The Council anticipates convening an executive meeting regarding the fol EXCUSED: None. 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 Vote on Comm. 4,4 at the 7/8/09 Council meeting: CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL: AYES: Council Members Enriques, Ford, (End of "Other Business" on Items from th Greenwell, Hoffmann, Naeole, Onishi, and Chair Yoshimoto - 7. June 16 and July 8, 2009 Agenda NOES: None. ABSENT: Council Members Ikeda and Yagong - 2. EXCUSED: None. ANNOUNCEMENTS ADJOURNMENT 5: 13, 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 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 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. Hawaii County Council-20 Page 23 August 5, 2009 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 SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, AUGUST 19, 2009 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, SEPTEMBER 1, 2009 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, SEPTEMBER 2, 2009 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA MONDAY- SEPTEMBER 14. 2009 C'OUNC'IL PUIBLIC 6: ~0 P.M. COUNCIL ROOM - HILO HEARING RE 33" hilauca A\cuuc RES. 218-09 (COUNCIL Bcn Franklin Building REORGANIZATION) Second Floor