HomeMy WebLinkAboutAGE COUNCIL 04/07/2010 2008-2010 J YOSHIMOTO
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Cluny Quiver // I3RENDA FORD
• � :; „.9 KELLY GREENWELL
EMILY I NAEOLE- BEASON ' PETE HOFFMANN
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DENNIS - FRESH" ONISI II
DOMINIC YAGONG
COUNTY COUNCIL
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ORDER OF' BUSINESS
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Hawaii County Council -r
25 Aupuni Street
Hilo, Hawai`i
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Wednesday. April 7. 2010
9 00 a.m.
INVOCATION 1..t Craig Summertield of the Salvation Army
CALL '10 ORDER
R01.I. CAI.I.
PLEDGE 01: ALLEGIANCEl
APPROVAL OF MINL''fES March 17, 2010
(Note. Please turn cell phones. pagers, and other mobile communication devices on silent mode )
Sensing the Interests of the People of Our Island
Ilawai'i Couch' is an Equal Opportunity Provider and Employer.
Hawai`i County Council -36
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS
Comm. 628.7:
Comm. 723:
Comm. 763:
ORDER OF RESOLUTIONS
Res. 305-10
(Draft 2):
Page 2 April 7, 2010
DIALOGUE ON HOLDING ADDITIONAL PUBLIC HEARING(S) RE THE
BUDGETS
From Council Chair J Yoshimoto, dated March 22, 2010, stating that some Council
Members expressed an interest in holding additional public hearings regarding the
budget in order to receive more input from the public. (Note: The Council may
discuss and vote to hold additional public hearings on the operating and capital
budgets (Bills 211 and 212).)
PROPOSED HAWAII STATE ASSOCIATION OF COUNTIES (HSAC)
2010 -2011 ANNUAL OPERATING BUDGET
From Council Member Dennis ``Fresh" Onishi, dated February 24, 2010, requesting
Council's approval of HSAC's 2010 -2011 annual operating budget.
MONETARY DONATION ($50) TO THE DEPARTMENT OF PARKS AND
RECREATION
From Finance Director Nancy Crawford, dated March 19, 2010, requesting approval
of a monetary donation, which will be used to improve facilities at the Pana`ewa
Rainforest Zoo and Gardens, donated by The Fraternal Order of Eagles — Hilo
Hawai`i Aerie #3642 (Richard J. Robbins, President).
Urges the State Legislature to Support a Farm -to- School (FTS) Program and
Implement a Statewide Farm -to- School Policy (as proposed in Senate Bill 1179).
{Requests that the Department of Research and Development look into creating
incentives and initiatives to help our County's farmers and schools work together to
implement similar FTS programs.)
Re: Comm. 713.1
Intr. by: Mr. Hoffmann
Approve: PWIRC -70
Hawai`i County Council -36
Res. 308 -10:
Page 3 April 7, 2010
Urges the Department of Land and Natural Resources, Division of Aquatic
Resources, to Adopt Rules Recommended by the West Hawai`i Fisheries Council
for the Sustainable Management of the West Hawai`i Aquarium Fishery Including
Adaptive Management of Fish Replenishment Areas, Establishment of an Aquarium
Fish Species' `White List," and a Limited Entry Program. {The West Hawai`i
Fisheries Council's rule amendments, which include a variety of management
proposals, will protect the tropical fish resource without unduly restricting the
tropical fish trade business.)
Re: Comm. 730
Intr. bv: Mr. Hoffmann
Approve: HSEDC -4
Res. 309 -10: Urges Our State Legislators to Oppose Any Proposed Legislation Legalizing
Gambling in the State of Hawai`i.
Comm. 736.2:
Res. 310 -10:
Comm. 737.1:
Res. 311 -10:
Re: Comm. 736
Intr. bv: Ms. Ford
Approve: PWIRC -68
;and
From Council Member Brenda J. Ford, dated March 16, 2010, transmitting
proposed amendments to Resolution 309 -10.
Further Notifies the State Department of Transportation About the Kohanaiki Beach
Park Intersection Safety Hazards. {Places the State Department of Transportation
on notice that serious injuries or fatalities involving citizens of the County and
visitors may occur due to their disregard to accepted principles of safety if the
situation concerning the Kohanaiki Beach Park intersection is not corrected.)
Re: Comm. 737
Intr. by: Mr. Greenwell
Approve: PWIRC -69
;and
From Council Member Kelly Greenwell, dated March 24, 2010, transmitting a
proposed amendment to Resolution 310 -10.
Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for Multi -Year (5 Years) Leases for Two Copiers for the Office of
Housing and Community Development. {The leases for the Department's current
copiers will expire soon and have exceeded their recommended usage and are
constantly being repaired. It is anticipated that these new leases will have a yearly
savings of $5,000.)
Re: Comm. 738
Intr. by: Mr. Onishi
Approve: FC -152
Hawai`i County Council -36
Res. 312 -10:
Res. 313 -10:
Res. 314 -10:
Res. 315-10:
Page 4 April 7, 2010
Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for a Multi -Year (5 Years) Agreement for Furnishing and Implementing
Green Waste Collection Sites in West Hawai`i and East Hawai`i for the Department
of Environmental Management. {The County intends to issue a Request for
Proposal to continue greenwaste operations at the current greenwaste site at the Hilo
Landfill and to move the Kailua -Kona Greenwaste site to Pu`uanahulu. }
Re: Comm. 741
Intr. bv: Mr. Onishi
Approve: FC -155
Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year (5 Years) for Three 75 Cubic Yard Refuse Trailers. {The
Environmental Management Department's Solid Waste Division would be replacing
the new trailers with trailers that have high mileage and are incurring costly
mechanical and structural repairs.)
Re: Comm. 742
Intr. bv: Mr. Onishi
Approve: FC -156
Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year (5 Years) for Two Hook Roll On/Off Trucks and Six Roll On/Off Bins.
{The Environmental Management Department's Solid Waste Division would be
using these trucks and bins to receive and haul refuse from the Miloli`i transfer
station (a settlement agreement with UPW requires the County take over this service
no later than August 1, 2011). }
Re: Comm. 743
Intr. bv: Mr. Onishi
Approve: FC -157
Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawai`i Department of Health, Pursuant to HRS 46 -7, for the Sexual Violence
Prevention and Planning Project Grant. {Funds would be used to support Area
Strategic Work Groups sessions, capacity building workshops, and participation in
the Sexual Violence Primary Prevention Implementation Committee and facilitator
training on O`ahu. }
Re: Comm. 744
Intr. bv: Mr. Onishi
Approve: FC -158
Hawai`i County Council -36
11:15 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.)
BILLS FOR ORDINANCES (FIRST READING)
Bill 184
(Draft 3):
Comm. 652.11:
Bill 216:
Page 5 April 7, 2010
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 — 7,500 Square Feet (RS -7.5) and
Multiple - Family Residential — 1,000 Square Feet (RM -1) to Multiple - Family
Residential — 1,500 Square Feet (RM -1.5) at Kukuau 1S South Hilo, Hawai`i.
Covered by Tax Map Key:2- 4- 02:048, 053, and 080 (Parcel 1 approx.
16,130 square feet; Parcel 2 approx. 203,844 square feet). {Giampaolo "Paul"
Boschetti, Applicant.)
Re: Comm. 652.10
Intr. by: Mr. Ikeda
Approve: PC -62
Postponed: January 22 and February 3, 2010
Public Hearing: April 5, 2010
(Note: There is a pending motion by Mr. Ikeda and duly seconded by
Ms. Naeole- Beason to approve Bill 184, Draft 2, as amended.)
;and
From Council Member Donald Ikeda, dated March 22, 2010, transmitting a
proposed amendment to Bill 184, Draft 3.
Amends Chapter 14, Article 4, Section 14 -21 of the Hawai`i County Code 1983
(2005 Edition, as Amended), Relating to Prohibition of Smoking In Certain Places.
{Prohibits smoking in all motor vehicles if a person under 18 years of age is in the
motor vehicle.)
Re: Comm. 732
Intr. by: Ms. Naeole- Beason
Approve: HSEDC -5
Hawai`i County Council -36
Bill 217:
Bill 218:
Bill 219:
Bill 233:
Page 6 April 7, 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
PUBLIC WORKS: Kaumana Drive Flood Protection Project — Federal [$191,000]
($441,000) and Kaumana Drive Flood Protection Project — County ($30,000);
funds shall be provided from Federal Grants Receivable ($250,000) and General
Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources
($30,000). Earlier in this fiscal year the United States Department of Agriculture
Natural Resources Conservation Service (NRCS) provided $191,000 towards the
estimated costs of engineering surveys and design services for the Kaumana Drive
Flood Protection Phase of the Wailuku- Alenaio Watershed. NRCS is providing
additional funds ($250,000) to complete the design work.)
Re: Comm. 739
Intr. bv: Mr. Onishi
Approve: FC -153
2/3 Vote: Section 10 -6(d), Hawai`i County Charter
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 — Federal Transit Administration ($717,678); appropriates same to Federal
Transit Administration. Funds would be used towards administrative and operating
expenses in providing public transportation services in Hawai`i County.)
Re: Comm. 740
Intr. bv: Mr. Onishi
Approve: FC -154
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 — Sexual Violence Prevention and Planning ($9,900); appropriates
same to Sexual Violence Prevention and Planning }
Re: Comm. 744
Intr. bv: Mr. Onishi
Approve: FC -159
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 Fund
Balance from Previous Year ($700,000); appropriates same to Transfer to Capital
Projects Fund — Geothermal. The Environmental Management Department's Solid
Waste Division received bids for the construction of permanent improvements at the
Pahoa Recycling and Transfer Station; however, the bid amounts exceeded the
funds that are available for the project. The increase in funding would be used for
an additional chute intended to add additional refuse capacity and for a roof
structure over the Recycling Center area.)
Re: Comm. 764
Intr. bv: Mr. Onishi
Waived: FC
Hawai`i County Council -36
Bill 234:
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 220:
Bill 221:
REPORTS
FINANCIAL
REPORT:
FC -149
(Comm. 724):
FC -150
(Comm. 725):
FC-151
(Comm. 726):
PC -70
(Comm. 727):
Page 7 April 7, 2010
Amends Ordinance No. 09 -48, as Amended by Ordinance No. 09 -100, Relating to
the International Energy Conservation Code. {Amends the effective date from
May 11, 2010, to January 1, 2011.}
Re: Comm. 766
Intr. by: Ms. Naeole- Beason
Waived: PWIRC
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
1S Reading: 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. {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 $84,600.1
Re: Comm. 747
Intr. bv: Mr. Onishi
1S Reading: March 17, 2010
Monthly Budget Status Report for the Month Ended September 30, 2009, from the
Department of Finance
Recommends approval of the nomination of Ms. Florence Ikeda (Council District 2)
to the Pension Board.
Recommends approval of the nomination of Mr. Arne T. Henricks (Council
District 2) to the Board of Ethics.
Recommends approval of the nomination of Ms. Wilma Matsumura (Council
District 2) to the Public Access, Open Space and Natural Resources Preservation
Commission.
Recommends approval of the nomination of Mr. Dwayne Yoshina (Council
District 2) to the Board of Appeals.
Hawai`i County Council -36
Page 8 April 7, 2010
PC -71 Recommends approval of the nomination of Mr. Stephen Ono to the Windward
(Comm. 728): Planning Commission.
PC -72 Recommends approval of the following nominations to the Kailua Village Design
(Comm. 733): Commission: Mr. Shane Kitchens (Council District 7), Ms. Nancy E. Burns
(Council District 8), Ms. Ann Peterson (Council District 7), Mr. Eugene Power
(Council District 8), and Mr. Stephen J. Herbert (Council District 8).
PSPRC -24 Recommends approval of the following nominations to the Police Commission:
(Comm. 734): Ms. Michelle Kualii (Council District 4) and Ms. Thelma -Rose K. Pea- Ferrari
(Council District 5).
REFERRALS FOR EXECUTIVE SESSION
Comm. 142:
Comm. 142.1:
Comm. 140:
STACY S. K. HIGA, JANICE M. N. HIGA VS. COUNTY OF HAWAII,
LINCOLN ASHIDA AS THE CORPORATION COUNSEL FOR THE COUNTY
OF HAWAI`I, ET AL. CIVIL NO. 08 -1 -0293 (THIRD CIRCUIT COURT); AND
STACY HIGA VS. NAOMI EARP, IN HER OFFICIAL CAPACITY AS CHAIR
AND HEAD OF THE UNITED STATES EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION; LINCOLN ASHIDA, IN HIS OFFICIAL
CAPACITY AS CORPORATION COUNSEL, COUNTY OF HAWAII CIVIL
NO. CV08 -00411 (UNITED STATES DISTRICT COURT, DISTRICT OF
HAWAI`I)
From Assistant Corporation Counsel Katherine A. Garson, dated February 5, 2009,
stating that Special Counsel for the above - referenced cases (attorneys from the law
firm of Ayabe, Chong, Nishimoto, Sia & Nakamura) will be present.
Postponed: February 19, 2009
;and
From Calvin E. Young (Ayabe, Chong, Nishimoto, Sia and Nakamoto), dated
January 26, 2010, requesting to meet with the Council to further explain the
background, legal issues, and claims of this case.
MELISSA M. CHANG V. COUNTY OF HAWAII, HAWAII COUNTY
COUNCIL EEOC NO. 37B- 2007 -00006
From Deputy Corporation Counsel Joseph K. Kamelamela, dated February 5, 2009,
regarding a proposed resolution of the above - titled matter.
Postponed: February 19, 2009
Hawai`i County Council -36
Comm. 767: CLAIM AGAINST THE COUNTY /LAURA M. SHIMABUKU
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
Page 9 April 7, 2010
From Deputy Corporation Counsel Brooks L. Bancroft, dated March 22, 2010.
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 April 5, 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):
• Kona Council Office, Kailua Trade Center, 75 -5706 Hanama Place, Suite 109, Kailua -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.
Submitting Testimonv: 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.us. Please submit separate
testimony for each item.
Hawai`i County Council -36
UPCOMING MEETINGS
COUNCIL PUBLIC
HEARING RE REAL
PROPERTY TAX RATES
COMMITTEES
Page 10 April 7, 2010
Viewing of Meetings on Government Access Television - Channel 52:
Wednesday's, April 14 and 21, 2010, at 6 p.m.; Friday's, April 16 and 23, 2010, at 12 p.m.; and Sundays,
April 18 and 25, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State
Legislature.
MONDAY, APRIL 19, 2010
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
TUESDAY, APRIL 20, 2010
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA
TUESDAY, MAY 4, 2010
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, MAY 5, 2010
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA
MONDAY, MAY 17, 2010
5:00 P.M. COUNCIL ROOM - HILO
25 Aupuni Street
TUESDAY, MAY 18, 2010
TBA COUNCIL ROOM - HILO
25 Aupuni Street
WEDNESDAY, MAY 19, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street