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HomeMy WebLinkAboutAGE COUNCIL 03/17/2010 2008-2010 ACTIONSJ YOSHIMOTO Chan. & Preszchng Officer EMILY I. NAEOLE - BEASON Tice Chazr 35th Session COUNTY COUNCIL County of Hanrai '1 Hanrai '1 County Building 25 Aupuni Street Hilo, Hanrai '1 96720 ORDER OF BUSINESS Hawai`i County Council Sheraton Keauhou Bay Resort and Spa 78 -128 Ehukai Street Kailua -Kona, Hawai`i Wednesday, March 17, 2010 9:00 a.m. INVOCATION Pastor Jason Meechan of Thy Word Ministries CALL TO ORDER 9:06 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawai`i County is an Equal Opportunity Provider and Employer. GUY ENRIQUES BRENDA FORD KELLY GREENWELL PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI DOMINIC YAGONG Hawai`i County Council -35 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 628.6: Comm. 628.5: Comm. 628.4: Page 2 March 17, 2010 REPORT OF THE AD HOC COMMITTEE RELATING TO THE 2010 -2011 BUDGET From Council Member Dennis ``Fresh" Onishi, dated March 1, 2010, stating that the Committee has met with various department heads and staff and has determined that all departments are taking measures to reduce expenses (specifically, overtime costs, hiring new personnel, reduction of contract hires, reduction of travel expenses, and decreasing the number of vacant funded positions); therefore, the Committee makes no recommendations at this time. Postponed: March 3, 2010 FILED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. ;and From Council Member Dennis ``Fresh" Onishi, dated February 17, 2010, requesting an hour to present their report to the Council. Postponed: March 3, 2010 ;and From Ad Hoc Committee Chair Dennis ``Fresh" Onishi, dated January 8, 2010, stating that the Committee will be meeting with various County departments and will need more time to submit their report. Postponed: March 3, 2010 Hawai`i County Council -35 ORDER OF RESOLUTIONS Res. 306 -10: Res. 316 -10: Urges the Hawai`i State Department of Transportation to Instate a Voluntary Donation for Private Aircraft Parking at Hilo and Kona International Airports to be Paid Into the Healthcare System Through a Designated Committee Consisting of Members Selected From the Medical Profession. {The donation would be in the amount of $2,00 per day for each private aircraft, which shall be paid directly to a committee to be apportioned to each of Hawai`i's hospitals and other related care facilities (the committee will be operated by members chosen from the medical profession). } Re: Comm. 714 Intr. by: Mr. Greenwell Negative: PWIRC -67 WITHDRAWN BY INTRODUCER Page 3 March 17, 2010 Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawai`i Department of Business, Economic Development & Tourism's Office of Planning, Pursuant to HRS 46 -7, for the Wetlands Habitat Restoration Plan for Honu`apo Estuary. {Funds would be used to develop an integrated habitat restoration plan that would give the County of Hawai`i, Ka `Ohana 0 Honu`apo, and other partners the technical information and justification needed to acquire large -scale grants and other resources to implement the restoration plan.) Re: Comm. 746 Intr. by: Mr. Onishi Waived: FC ADOPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai`i County Council -35 Res. 317 -10: Bill 220: Page 4 March 17, 2010 Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawai`i Department of Labor and Industrial Relations, Pursuant to HRS 46 -7, for Funding for the County of Hawaii's Senior Training and Employment Program (STEP). {Funds would enable the Parks and Recreation Department's Elderly Activities Division's STEP to continue serving the nine seniors currently participating in STEP (under the American Recovery and Reinvestment Act of 2009) to remain in their "on the job" training positions until June 30, 2011, otherwise they would be terminated in May 2010 } . BILLS FOR ORDINANCES (FIRST READING) Re: Comm. 747 Intr. bv: Mr. Onishi Waived: FC ADOPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. 10:15 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 TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in Federal Grants — Wetlands Habitat Restoration Plan ($2,000); appropriates same to Wetlands Habitat Restoration Plan.) Re: Comm. 746 Intr. bv: Mr. Onishi Waived: FC PASSED 1 READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole - Beason, Yagong, and Chair Yoshimoto — 8. NOES: None. ABSENT: Council Member Onishi — 1. EXCUSED: None. Hawai`i County Council -35 Bill 221: Bill 200 (Draft 3): Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in Federal Grants — Senior Community Service Employment Program (SCSEP) — Special Funds ($84,600); appropriates same to the following: SCSEP — Special Funds — Salaries and Wages ($79,000) and SCSEP — Special Funds — Other Current Expenses ($5,600), for a total of $84,600.} Re: Comm. 747 Intr. by: Mr. Onishi Waived: FC PASSED 1 READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Yagong, and Chair Yoshimoto — 8. None. NOES: ABSENT: EXCUSED: PASSED 2' AYES: NOES: ABSENT: EXCUSED: (Note: There Ms. Naeole -B Page 5 March 17, 2010 Council Member Onishi — 1. None. ORDER OF THE DAY (SECOND OR FINAL READING) Amends Chapter 19 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Real Property Taxes, Relating to Appeals. {Increases the deposit amount of an appeal to the Real Property Tax Review from $15 to $50 and limits refunds of that amount to situations where the Board of Review determines in favor of the appellant. Refunds would also be made in cases where adjustments are necessary due to duplicate assessments or departmental errors.) Re: Comm. 684.6 Intr. by: Ms. Ford 1S Reading: February 18, 2010 Held Over Pur- suant to Council Rule 25(e): March 3 2010 & FINAL READING: Council Members Enriques, Ford, Hoffmann Ikeda, and Onishi — 5. Council Members Greenwell, Naeole- Beason, Yagong, and Chair Yoshimoto — 4. None. None. is a pending motion by Mr. Hoffmann and duly seconded by eason to approve Bill 200, as amended.) Hawai`i County Council -35 Bill 203: Bill 205: Bill 206: Page 6 March 17, 2010 Amends Section 25-8 -9 (Hawi- Kapa`au Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the District Classification from Single - Family Residential — 1,000 Square Feet (RS -15) to Village Commercial — 10,000 Square Feet (CV -10) at Ka`auhuhu, North Kohala, Hawai`i, Covered by Tax Map Key: -5- 010:02 (approx. 1.160 acres). {Steven and Loretta Milner, Applicants.) Re: Comm. 688 Intr. bv: Mr. Ikeda 1S Reading: March 3, 2010 PASSED 2 & FINAL READING: AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. NOES: Council Member Hoffmann — 1. ABSENT: None. EXCUSED: None. Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in Federal Grants — Next Generation Juvenile Justice Information System (NG JJIS) Data Broker Project ($2,000); appropriates same to NG JJIS Data Broker Grant Project.) Re: Comm. 698 Intr. bv: Mr. Onishi 1S Reading: March 3, 2010 PASSED 2 & FINAL READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. {Increases revenues in Housing Voucher Program ($2,741,000); appropriates same to Voucher Rental Subsidies. Funds would be used towards payment of rental assistance for eligible participants of the Housing Choice Voucher (Section 8) Program.) Re: Comm. 699 Intr. bv: Mr. Onishi 1S Reading: March 3, 2010 PASSED 2 & FINAL READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai`i County Council -35 Bill 207: Bill 208: PASSED 2 AYES: NOES: ABSENT: EXCUSED: Page 7 March 17 2010 Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. {Increases revenues in Federal Grants — Volunteer Fire Assistance ($47,364); appropriates same to Volunteer Fire Assistance — Federal. Funds would be used to purchase safety equipment for all fire stations.) Re: Comm. 700 Intr. by: Mr. Onishi 1S Reading: March 3, 2010 PASSED 2 & FINAL READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Amends Section 25-8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the District Classification from Single - Family Residential — 10,000 Square Feet (RS -10) to Neighborhood Commercial — 20,000 Square Feet (CN -20) at Waiakea, South Hilo District, Hawai`i, Covered by Tax Map Key:2- 2- 02:022 (approx. 40,764 square feet). { Concept Construction, Inc., Applicant.) Re: Comm. 703 Intr. by: Mr. Ikeda (B /R) 1S Reading: March 3, 2010 & FINAL READING: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. Council Member Hoffmann — 1. None. None. Hawai`i County Council -35 Bill 213: Bill 214: REPORTS Page 8 March 17, 2010 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 ENVIRONMENTAL MANAGEMENT: North Kona Effluent Reuse Upgrade — State Revolving Fund (SRF) ($3,643,000); funds shall be provided from SRF ($3,643,000). Funds would be used towards the design and construction of the infrastructure for the North Kona Effluent Reuse Upgrade project, which extends from Kealakehe Parkway to Keahole Airport.) Re: Comm. 716 Intr. bv: Mr. Onishi 1S Reading: March 3, 2010 2/3 Vote: Section 10 -6(d), Hawai`i County Charter PASSED 2 & FINAL READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. 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 ENVIRONMENTAL MANAGEMENT: North Kona Sewer — State Revolving Fund (SRF) ($3,104,000); funds shall be provided from SRF ($3,104,000). Funds would be used towards the design and construction of the infrastructure for the North Kona Sewer project, which extends from Kealakehe Parkway to Keahole Airport.) Re: Comm. 717 Intr. bv: Mr. Onishi 1S Reading: March 3, 2010 2/3 Vote: Section 10 -6(d), Hawai`i County Charter PASSED 2 & FINAL READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. FINANCIAL Monthly Budget Status Report for the Month Ended August 31, 2009, from the REPORT: Department of Finance ACCEPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai`i County Council -35 REFERRALS FOR EXECUTIVE SESSION Comm. 748: SOMMER QUIOCHO V. COUNTY OF HAWAII; CIVIL NO. CV09 -0046 SPK/KSC 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 ADJOURNMENT 12:17 p.m. Page 9 March 17, 2010 From Deputy Corporation Counsel Brooks L. Bancroft, dated March 5, 2010. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: AYES: Council Members Enriques, Ford, Hoffmann Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. NOES: Council Member Greenwell — 1. ABSENT: None. EXCUSED: None. 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 March 15, 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 call 961-8255. Notice is hereby given that pursuant to Hawai`i Revised Statutes (hereinafter "HRS ") §92 -3.5, the Hawai`i County Council will be conducting this meeting via videoconference. Council Members will be present at the following location(s): • Sheraton Keauhou Bay Resort & Spa, 78 -128 Ehukai Street, Kona; and • County Council Room, 25 Aupuni Street, Hilo. Public Attendance Via Videoconference is available at the locations(s) above and at the Waimea Council Office at the Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5, until 4:30 p.m., or later in the event public witness testimony has not been completed. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Hawai`i County Council -35 Submitting Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public 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, Hawai`i. 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to counciltestimon_v c;co.hawaii.hi.zas. Please submit separate testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: Wednesdays, March 24 and 31, 2010, at 6 p.m.; Fridays, March 26 and April 2, 2010, at 12 p.m.; and Sundays, March 28 and April 4, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS MONDAY, MARCH 22, 2010 COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM — HILO HEARING RE 25 Aupuni Street OPERATING AND CAPITAL BUDGETS SPECIAL MEETING OF THE SPECIAL MEETING OF THE SPECIAL MEETING OF THE COMMITTEES Page 10 March 17, 2010 MONDAY, MARCH 29, 2010 9:00 a.m. COUNCIL ROOM — HILO FINANCE COMMITTEE 25 Aupuni Street TUESDAY, MARCH 30, 2010 9:00 a.m. COUNCIL ROOM — HILO FINANCE COMMITTEE 25 Aupuni Street WEDNESDAY, MARCH 31, 2010 9:00 a.m. COUNCIL ROOM — HILO FINANCE COMMITTEE 25 Aupuni Street TUESDAY, APRIL 6, 2010 TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, APRIL 7, 2010 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO 25 Aupuni Street