HomeMy WebLinkAboutAGE COUNCIL 01/06/2010 2008-2010 ACTIONSJ YOSHIMOTO
Chair & Presiding Officer
EMILY L NAEOLE-BEASON
Vice Chair
30t'' Session
COUNTY COUNCIL
County of Hawai `i
Hawai `i County Building
25 Aupuni Street
Hilo, Hawai `i 96720
ORDER OF BUSINESS
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii
INVOCATION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Wednesday, January 6, 2010
9:00 a.m.
GUY ENRIQUES
BRENDA FORD
KELLY GREENWELL
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
DOMINIC YAGONG
Reverend Robert Schwarzhaupt of Annunciation Catholic Church -
Waimea
y:10 a.m.
(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-30 Page 2 January 6, 2010
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 278-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $217,000 out and from External Audit, Miscellaneous
Contract Services Account; credits same to External Audit, Miscellaneous Contract
Services Account. Request to transfer encumbered funds for the Independent
External Auditor Contract No. 00756 in Fiscal Year 2008-2009 from the Clerk-
CounciPs Account to the Legislative Auditors Account. (Commencing Fiscal Year
2009-2010, the Finance Department created a separate chart of accounts for the
Legislative Auditor.)}
Re: Comm. 631
Intr. by: Mr. Onishi
Approve: FC-127
ADOPTED
Al'ES: Council Members Enriqucs_ Ford_ Green«ell_ Hoffmann_ Il:eda_
Nicole-Bcason_ Onishi. Yagong, and Chair l'oshimoto - 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 279-09: Encourages the Administration to Develop a Retirement Incentive Plan for Certain
County Employees the Cost of Which is to be Borne by the Savings Realized as a
Result of Employee Retirements. {Encourages the Administration to develop a
retirement incentive plan for the end of Fiscal Year 2009-2010, due to the financial
downturn of the County. }
Re: Comm. 634
Intr. by: Ms. Ford
Approve: FC-128
FILED DUE TO THE FOLLOWING VOTE:
Al'ES: Council Members Ford_ Hoffmann_ Onishi_ and Yagong - 4.
NOES: Council Nlcmbcrs Enriqucs_ Grccnwcll_ Ikcda_ Nacolc-Bcason_ and
Chair Yoshimoto - ~.
ABSENT: None.
EXCUSED: None.
Hawaii County Council-30 Page 3 January 6, 2010
Res. 284-09: Requests the Mayor to Immediately Implement aZero-Hiring Policy for the
Remainder of Fiscal Year 2009-2010. {This would not affect the current
recruitment of police officers and fire fighters, and allows for applicants in other
departments due consideration for future hiring should the County's financial
condition improve during Fiscal Year 2010-2011. }
Re: Comm. 643
Intr. By: Mr. Yagong
Approve: FC-130
FILED DUE TO THE FOLLO~~%ING VOTE:
AYES: Council Mcmbcrs Ford_ HofFinann, and Yagong- ~.
NOES: Council Mcmbcrs Enriqucs_ Grccm~cll_ Il:cda, Nacolc-Bcason_
Onishi_ and Chair Yoshimoto - h.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 285-09: Requests the Mayor to Transfer Allocation of All County Funded Vacant Positions
Throughout the County of Hawaii Into the Budget Stabilization Fund, Account
Number 010.801.5801.53.341. {Funds would be used to address the projected
shortfalls for Fiscal Year 2010-2011. }
Re: Comm. 644
Intr. by: Mr. Yagong
Negative: FC-131
FILED DUE TO THE FOLLO~~ING VOTE:
AYES: Council Mcmbcrs Ford_ HofFinann, and Yagong- ~.
NOES: Council Mcmbcrs Enriqucs_ Grccm~cll_ Ikcda_ Nacolc-Bcason_
Onishi_ and Chair Yoshimoto - 6.
ABSENT: Nonc.
EICUSED: Nonc.
10:30 A.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
(NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.)
Hawaii County Council-30 Page 4 January 6, 2010
BILLS FOR ORDINANCES (FIRST READING)
Bill 162: Amends the State Land Use Boundaries Maps for the County of Hawaii by
Changing the District Classification from the Agricultural to the Urban District at
Kahului 2"d, North Kona, Hawaii, Covered by Tax Map Key:7-5-017:042 (approx.
14.437 acres). {Hu-Ko-Pa, LLC, Applicant.}
Re: Comm. 578
Intr. by: Mr. Ikeda
Approve: PC-59
P.=~SSED FIRST RE.=DING
AYES: Council Members Enriqucs_ Ford_ Grccm~cll_ Hoffmann_ Ihcda_
Nacolc-Bcason_ Onishi_ Yagong, and Chair l'oshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
ENCUSED: Nonc.
Bill 163 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural - 5 Acres (A-Sa) to Single Family Residential -
10,000 Square Feet (RS-10) at Kahului 2"d, North Kona, Hawaii, Covered by Tax
Map Key:7-5-017:042 (approx. 14.437 acres). {Hu-Ko-Pa, LLC, Applicant.}
Re: Comm. 578.3
Intr. by: Ms. Ford
Approve: PC-60
PASSED FIRST READING:
Al'ES: Council Members Enriqucs_ Ford_ Green«ell_ Iheda_ Naeole-
Bcason_ Onishi_ l'agong_ and Chair Yoshimoto - 8.
NOES: Council Nlcmbcr Hoffmann - 1.
ABSENT: Nonc.
ENCUSED: Nonc.
Bill 178: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 5,
Section 24-280, Schedule 28 (No parking at any time), paragraph (c), South Hilo, to
read as follows: "(47) Kalaniana`ole Street, north side, from a point five hundred
eighty feet west of Oeoe Street and extending five hundred seventy-one feet in the
westerly direction.' ; "(48) Kalaniana`ole Street, south side, from Kamehameha
Avenue to a point sixty-three feet west of the Seaside Restaurant driveway.' ; "(49)
Kalaniana`ole Street, north side, from a point five hundred eighteen feet east of
(Bill 178 continues on the next page.)
Hawaii County Council-30 Page 5 January 6, 2010
Banyan Way extending five hundred eighty-one feet in the westerly direction.";
"(51) Kalaniana`ole Street, south side, from a point eighty-three feet east of the
Seaside Restaurant driveway to Leleiwi Street.' ; "(52) Kalaniana`ole Street, north
side, from a point eight hundred ninety-one feet west of Onekahakaha Beach Road
and extending seven hundred forty-five feet in the westerly direction.";
"Kalaniana`ole Street, north side, from a point fifty-seven feet east of Leleiwi Street
and extending five hundred feet in the westerly direction."; and "Kalaniana`ole
Street, north side, from a point three hundred fifteen feet west of Uwau Street and
extending four hundred ninety-three feet in the westerly direction."
Also amends Chapter 24, Article 10, Division 5, Section 24-281, Schedule 29
(Parking prohibited during certain hours on certain streets; tow-away zone),
paragraph (c), South Hilo, to read as follows: "(12) Kalaniana`ole Street, south
side, from a point sixty-three feet west of the Seaside Restaurant driveway and
extending one hundred fifty-eight feet in the easterly direction except between the
hours of 5:00 p.m. and 10:00 p.m."}
Re: Comm. 633
Intr. by: Mr. Enriques
Approve: PWIRC-61
PASSED FIRST READING:
AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccu~~cll_ Hoffuiaun_ Il:cda_
Nacolc-Bcason_ Onishi_ Y'agong_ and Chair Yoshimoto - ~>.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Bill 179: Amends Ordinance No. 09-65, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010. {Adds
PUBLIC WORKS: Kuakini Highway Improvements, Hualalai Road to Ali`i
Highway -Federal ($24,000); funds shall be provided from Federal Grants
Receivable ($24,000). Funds would be used towards the planning phase (County)
and labor portion (State) of approximately 1.5 miles beginning at Hualalai Road and
ending at Wai`aha Stream.}
Re: Comm. 635
Intr. by: Mr. Onishi
Approve: FC-129
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED FIRST READING
Al'ES: Council Mcmbcrs Enriques_ Ford_ Grccm~cll_ Hoffmann_ Ihcda_
Nacolc-Bcason_ Onishi_ Y'agong_ and Chair Yoshimoto - ~>.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-30 Page 6 January 6, 2010
Bill 180: Amends Chapter 14, Article 1, Section 14-1 of the Hawaii County Code 1983
(2005 Edition, as Amended), Relating to Intoxicating Liquors Prohibited in Certain
Public Places. {Prohibits the consumption of alcoholic beverages at La`aloa Bay
Beach Park. }
Re: Comm. 637
Intr. by: Ms. Ford
Approve: PSPRC-19
PASSED FIRST READING
AYES: Council Members Enriqucs_ Ford_ Grecm~cll. Hoffmann, Il:eda_
Nacolc-Bcason_ Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: None.
ABSENT: None.
ENCUSED: None.
Bill 181: Amends Chapter 14, Article 1, Section 14-2.2 and Section 14-2 of the Hawaii
County Code 1983 (2005 Edition, as Amended), Relating to Consumption of
Intoxicating Liquors at Parks. {Consumption of alcoholic beverages at Kahalu`u
Beach Park, Magic Sands Beach Park (also known as Disappearing Sands Beach
Park or White Sands Beach Park), and Pahoehoe Beach Park would be allowed
between 10 a.m. and 10 p.m. with a permit. }
Re: Comm. 638
Intr. by: Ms. Ford
Approve: PSPRC-20
P.=~SSED FIRST RE.=DING
AYES: Council Members Enriqucs_ Ford_ Grecm~cll_ Hoffmann_ Iheda_
Nacolc-Bcason_ Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: None.
ABSENT: None.
ENCUSED: None.
Hawaii County Council-30 Page 7 January 6, 2010
Bill 182: Amends Chapter 24, Article 7, Section 24-167 of the Hawaii County Code 1983
(2005 Edition, as Amended), Relating to Operation of Vehicles. {Requires that
when a vehicle is towing another, the drawbar or other emergency connection be
equipped with an additional safety chain(s); requires that every trailer to be operated
upon a public highway shall, in addition to a tow bar, be equipped with a safety
chain(s). }
Re: Comm. 642
Intr. by: Mr. Enriques
Approve: PWIRC-62
POSTPONED TO THE JANUARY 2?_ ?010 MEETING
AYES: Council Members Enriques_ Ford_ Grecm~cll_ Hoffmann_ Iheda_
Nicole-Bcason_ Onishi_ Yagong, and Chair l'oshimoto - 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 183: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Contribution from Private Source ($2,000); appropriates same to West Hawaii
Ocean Safety Equipment. }
Re: Comm. 646
Intr. by: Mr. Onishi
1St Reading: December 16, 2009
PASSES SECOND AND FINAL READING:
Al'ES: Council Members Enriques_ Ford_ Grcem~ell_ Hoffmann_ Iheda_
Nacolc-Bcason_ Onishi_ Y'agong_ and Chair Yoshimoto - ~>.
NOES: None.
ABSENT: None.
EXCUSED: None.
REPORTS
Hawaii County Council-30 Page 8 January 6, 2010
REFERRALS FOR EXECUTIVE SESSION
Comm. 552.1: REQUEST FOR SCHEDULING OF EXECUTIVE MEETING -WEST HAWAI I
TODAY V. CO LINTY CO UNCIL OF THE CO LINTY OF HA WAI I
From Corporation Counsel Lincoln S. T. Ashida, dated December 21, 2009.
(Anticipates discussion with the Council to include the impact of the recently
received opinion letter from the State of Hawaii Office of Information Practices.)
FILED COMM. »2.1:
AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccu~~cll_ Hoffuiaun_ Il:cda_
Nacolc-Bcason_ and Chair- Y'oshimoto - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Onishi and Yagong- 2.
EXCUSED: Nonc.
(Comm. 650 continues on the next page.)
Comm. 650: HAWAIIAN DREDGING CONSTRUCTION COMPANY'S EQUITABLE
ADJUSTMENT PROPOSAL ON KUAKINI HIGHWAY WIDENING - PALANI
ROAD TO HUALALAI ROAD, PROJECT NO. P-3278, FEDERAL AID PROJECT
NUMBER STP-0110(1), KAILUA-KONA, HAWAII
From Deputy Corporation Counsel Joseph K Kamelamela, dated December 4,
2009.
Postponed: December 16, 2009
(Note: There is a pending motion by Mr. Hoffmann and duly seconded by
Ms. Naeole-Beason to file Communication 650.)
POSTPONED COMM. 6~0 AT THE CALL OF THE CHAIR:
Al'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccm~cll_ Hoffmann_ Ihcda_
Nacolc-Bcason_ and Chair Yoshimoto - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Onishi and Yagong- 2.
EXCUSED: Nonc.
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.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
Hawaii County Council-30 Page 9 January 6, 2010
ADJOURNMENT 4:48 p.-n.
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 January 4, 2010. Relay users please call 711(961-8255) to contact our office.
Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at
http://co.hawaii.hi.us/council/agendas_and_actions.htm. For further information, please ca11961-8255.
Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") §92-3.5, the Hawaii
County Council will be conducting this meeting via videoconference. Council Members will be present at the
following location(s):
Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5; and
County Council Room, 25 Aupuni Street, Hilo.
Public Attendance via Videoconference is available at the locations(s) above and at the Kona Council Office,
Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, unti14:30 p.m., or later in the event public
witness testimony has not been completed. If audio stream between Waimea and Hilo is lost for more than a short
period of time, the meeting will be terminated.
Submitting Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for
distribution. Testimony may also be submitted before 12:00 noon on the business day prior to the meeting:
(1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to
(808) 961-8912; or (3) by e-mail to counciltestimon ~ a,co.hawaii.hi.us. Please submit separate testimony for
each item.
Viewing of Meetings on Government Access Television -Channel 52:
Wednesday's, January 13 and 20, 2010, at 6 p.m.; Friday's, January 15 and 22, 2010, at 12 p.m.; and Sunday's,
January 17 and 24, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State
Legislature.
UPCOMING MEETINGS
FRIDAY, JANUARY 22, 2010
COUNCIL 9:00 AM. SHERATON KEAUHOU
BAY RESORT & SPA
TUESDAY, FEBRUARY 2, 2010
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
WEDNESDAY, FEBRUARY 3, 2010
COUNCIL 9:00 AM. COUNCIL ROOM - HILO
25 Aupuni Street