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Home My WebLink AboutAGE COUNCIL 04/20/2010 2008-2010 J YOSHIMOTO `• " • GUY ENRIQUES 3'•'�, • • Chair cF Presiding Ofcer , �4 BRENDA FORD j. g 1,, r. KELLYGREENWELL EMILY 1. NAEOLE - BEASON - "' -- PETE HOFFMANN vice Chair DONALD IKEDA • • °'. ". ' DENNIS "FRESH" ONISHI DOMINIC YAGONG COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Halvah 96720 ru 37 Session —_,, :[) CO M ORDER OF BUSINESS .,., ' 11*. I CJ r` ern N Ili Hawaii County Council - es Sheraton Keauhou Bay Resort and Spa = 78 -128 Ehukai Street Kailua -Kona, Hawaii Tuesday, April 20, 2010 9:00 a.m. INVOCATION Pastor Keith Elliott of Kona Church of God CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES January 22 and February 3, 2010 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council -37 Page 2 April 20, 2010 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 687.1: REPORT OF THE 2009 -2010 CHARTER COMMISSION From Commission Attorney Levi K. Hookano, dated April 12, 2010, transmitting the above report on the Commission's activities, findings, and recommendations as required by Section 50 -8, Hawaii Revised Statutes. The Council has 30 days from receipt of this report to transmit any alternatives to the Commission's proposals back to the Commission. The Commission must receive the Council's alternatives by May 12, 2010. Comm. 779: PROPOSED SLATE OF OFFICERS FOR THE FISCAL YEAR 2010 -2011 HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE From Council Chair J Yoshimoto, dated April 8, 2010, requesting approval of the proposed slate of officers for the Fiscal Year 2010 -2011 HSAC Executive Committee: Derek Kawakami, President (Daryl W. Kaneshiro, Alternate); Nestor Garcia, Vice President (Romy Cachola, Alternate); Joseph Pontanilla, Treasurer (William "Bill" Medeiros, Alternate); and Dennis "Fresh" Onishi, Secretary (Kelly Greenwell, Alternate). Waived: PWIRC ORDER OF RESOLUTIONS Res. 309 -10 Urges Our State Legislators to Oppose Any Proposed Legislation Legalizing (Draft 2): Gambling in the State of Hawaii. Re: Comm. 736.3 Intr. by: Ms. Ford Approve: PWIRC -68 Held Over Pursuant to Council Rule 25(e): April 7, 2010 (Note: There is a pending motion by Ms. Ford and duly seconded by Ms. Naeole- Beason to approve Resolution 309 -10, as amended.) Hawaii County Council -37 Page 3 April 20, 2010 Res. 319 -10: Transfers /Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers /appropriates $7,000 out and from Clerk- Council Services Other Current Expenses, Miscellaneous Contract Services Account; credits same to External Audit, Miscellaneous Contract Services Account. The Legislative Auditor wishes to transfer the encumbered funds for the Independent External Audit Contract No. 000756 in Fiscal Year 2008 -2009. This is due to an additional $7,000 in contract fees in 2009 for additional procedures performed by KPMG LLP relating to the implementation of the Governmental Accounting Standards Board Statement No. 45.{ Re: Comm. 761 Intr. by: Mr. Onishi Approve: FC -161 Res. 320 -10: Authorizes the Department of Public Works to Provide Road Maintenance Materials from County -Owned Quarries for the Purpose of Maintaining County Roads Inventoried as "Roads in Limbo." {The Department of Public Works would oversee the program and form the partnerships and agreements necessary with communities serviced by the governmental roadways.) Re: Comm. 765 Intr. by: Mr. Yagong Approve: PWIRC -75 Res. 323 -10: Authorizes the Acceptance of a Donation of Ocean Safety Equipment for the Hawaii Fire Department. {Donated by the Daniel R. Sayre Memorial Foundation, the equipment consists of four Zoll Automated External Defibrillators, six Surftech rescue surfboards, nine Recreonics megaphones, and six Nikon binoculars (total value of $13,792.63).{ Re: Comm. 775 Intr. By: Mr. Onishi Waived: FC Res. 324 -10: Authorizes the Acceptance of the Monetary Contribution from Na Leo `O Hawaii, Inc., for Production Costs Associated with the Videotaping of Council Meetings. {Monetary contribution of $75,000 would be used towards production costs associated with the videotaping of Council meetings for the period April 1, 2010, to March 31, 2011.{ Re: Comm. 777 Intr. by: Mr. Onishi Waived: FC Hawaii County Council -37 Page 4 April 20, 2010 Res. 325 -10: Recognizes May 1, 2010, as Law Day and May 2 -8, 2010, as Law Week in the County of Hawaii and to Commemorate the Role of Law in Our Lives. {Calls upon all citizens, schools, businesses, clubs, and the news media to commemorate the role of law in our lives.) Re: Comm. 778 Intr. by: Mr. Yoshimoto Waived: HSEDC Res. 326 -10: Transfers /Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers /appropriates $46,972 out and from the following: Election Division Salaries and Wages, Regular Salaries and Wages Account ($36,972) and Election Division Salaries and Wages, Overtime Salaries and Wages Account ($10,000), for a total of $46,972; credits same to Election Division Other Current Expenses, Miscellaneous Contract Services Account. Funds would be used towards payment to a temporary employment agency for the services of temporary clerks for the Elections Division.) Re: Comm. 780 Intr. by: Mr. Yoshimoto Waived: FC Res. 327 -10: Authorizes the Mayor of the County of Hawaii to Execute and Submit the 2010 Action Plan and All Other Related Documents to the United States Department of Housing and Urban Development for the 2010 Community Development Block Grant (CDBG) and to the State Hawaii Housing Finance and Development Corporation for the HOME Investment Partnerships (HOME) Programs. {The County shall utilize the CDBG and HOME funds in accordance with program rules and regulations and comply with the program certifications attached to the Action Plan.) Re: Comm. 782 Intr. by: Mr. Hoffmann Approve: CHA — April 6, 2010 Res. 328 -10: Authorizes the Exemption of Certain Code Requirements, Pursuant to Section 201H -38 of the Hawaii Revised Statutes for the Proposed Mohouli Heights Senior Housing Program in South Hilo, Hawaii. {The Hawaii Island Community Development Corporation wishes to construct an affordable housing program for seniors on land dedicated for that purpose and transferred to the County of Hawaii by Gubernatorial Executive Order 4224 in South Hilo, Hawaii (TMK:3 /2 -4- 001:177). ) Re: Comm. 783 Intr. by: Mr. Hoffmann Approve: CHA — April 6, 2010 Hawaii County Council -37 Page 5 April 20, 2010 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.) BILLS FOR ORDINANCES (FIRST READING) Bill 222: 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 "Moho Road. "} Re: Comm. 749 Intr. by: Mr. Enriques Approve: PWIRC -71 Bill 223: 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 "`Ale Road. "} Re: Comm. 750 Intr. by: Mr. Enriques Approve: PWIRC -72 Bill 224: 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 "K61oa Maoli Road. "} Re: Comm. 751 Intr. by: Mr. Enriques Approve: PWIRC -73 Bill 225: 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 Kea`au, Puna District, Hawaii, Covered by Tax Map Key: 1-6-152:018 (approx. 1.646 acres). {Greenhouse Specialists, Inc., Applicant.) Re: Comm. 753 Intr. by: Mr. Ikeda Approve: PC -74 Hawaii County Council -37 Page 6 April 20, 2010 Bill 226: Amends Section 25 -8 -22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural — 20 Acres (A -20a) to Limited Industrial — 20,000 Square Feet (ML -20) at Kea`au, Puna District, Hawaii, Covered by Tax Map Key: 1-6-152:018 (approx. 1.646 acres). {Greenhouse Specialists, Inc., Applicant.) Re: Comm. 753 Intr. by: Mr. Ikeda Approve: PC -75 Bill 227: 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 Agricultural — One Acre (A -la) to Neighborhood Commercial — 20,000 Square Feet (CN -20) at Ponahawai, South Hilo, Hawaii, Covered by Tax Map Key:2 -3- 037:014 (approx. 3.258 acres). {William and Glynnis Dolan, Applicants.) Re: Comm. 754 Intr. by: Mr. Ikeda Approve: PC -76 Bill 228: 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 Agricultural — One Acre (A -la) to Neighborhood Commercial — 20,000 Square Feet (CN -20) at Ponahawai, South Hilo, Hawaii, Covered by Tax Map Key:2 -3- 037:006 (approx. 5.075 acres). {Gillie and Jane Silva, Applicants.} Re: Comm. 755 Intr. by: Mr. Ikeda Approve: PC -77 Bill 229: 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 — 7,500 Square Feet (RS -7.5) to Multiple - Family Residential — 2,500 Square Feet (RM -2.5) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2 -4- 028:009 (approx. 3.292 acres). {Vincent Tai, Applicant.) Re: Comm. 756 Intr. by: Mr. Ikeda Approve: PC -73 Hawaii County Council -37 Page 7 April 20, 2010 Bill 231 Adopts a Pay Plan for Persons Employed by the County Other Than Those Whose (Draft 2): Pay is Otherwise Provided for, Designates Payroll Periods, Pay Days, Prescribes Requirements with Respect to Official Fidelity Bonds, and Repeals Ordinance No. 09 -72 and All Amendments Thereto, Said Ordinance to be Known as the Salary Ordinance of 2010. {The significant amendments are: the Special Assistant class of work was added to the list of classes in the Office of the County Clerk; the Administrative Assistant to the Deputy County Clerk class of work was retitled by deleting Deputy from its title; the Council Aide to the Council Chair and the Council Aide to the Chair were retitled to Council Aide to the Chair in both sections; The Election Clerk 1 class of work was retitled to Temporary Election Clerk; the last sentence, "excepting the bond of the treasurer which shall be in the custody of the mayor" was deleted from the Official fidelity bonds section; and Section 7.01 Office of the County Council has been changed to Office of the County Clerk, removes the Administrative Assistant to the Legislative Research Branch and Audit Analyst and places these positions into a new Section 7.01(a) Office of the Legislative Auditor.) Re: Comm. 759.2 Intr. by: Mr. Yoshimoto Approve: FC -160 Bill 232: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 7, Division 2, Section 24 -149 (Maximum Speed Limit), by deleting Item D and adding "ten miles per hour below the posted speed limit within construction zones. "} Re: Comm. 760 Intr. by: Mr. Enriques Approve: PWIRC -74 Bill 235: 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 the following: State Grants — Glass Recycling Program ($4,390) and State Grants — Used Oil Collection/Disposal ($3,943), for a total of $8,333; appropriates same to Used Oil Collection/Disposal. Funds would be used towards conducting education and outreach for the used oil collection program.) Re: Comm. 776 Intr. by: Mr. Onishi Waived: FC Bill 236: 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 Videotaping Contribution — Na Leo `O Hawaii ($75,000); appropriates same to Videotaping — Na Leo `O Hawai`i.} Re: Comm. 777 Intr. by: Mr. Onishi Waived: FC Hawaii County Council -37 Page 8 April 20, 2010 Bill 237: 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 the following: Federal — 2010 Block Grant ($2,500,000) and Block Grant— Program Income ($25,000), for a total of $2,525,000; appropriates to the following: Hospice of Hilo — In- Patient Facility Construction ($700,000), Residential Emergency Repair Program ($200,000), Easter Seals Hawaii — Facility Expansion ($400,000), Pahala Fire Station — Fire Tanker Acquisition ($250,000), Removal of Architectural Barriers — Americans with Disabilities Act Compliance — Various County Facilities ($203,000), Boys and Girls Club — Americans with Disabilities Improvements ($250,000), Panaewa Park New Covered Play Courts ($250,000), and Administration, Planning and Fair Housing ($272,000), for a total of $2,525,000.} Re: Comm. 782 Intr. by: Mr. Hoffmann Approve: CHA — April 6, 2010 Bill 238: 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 Federal — 20 10 HOME Investment Partnerships Program ($996,793); appropriates to the following: Mohouli Heights Senior Neighborhood 1 — Hawai`i Island Community Development Corporation ($200,000), Tenant Based Rental Assistance — County of Hawaii ($500,000), Kaloko Housing Project — County of Hawaii ($211,793), and Office of Housing and Community Development Administration ($85,000), for a total of $996,793.} Re: Comm. 782 Intr. by: Mr. Hoffmann Approve: CHA — April 6, 2010 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS ORDER OF THE DAY (SECOND OR FINAL READING) Bill 184 Amends Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 4): Code) of the Hawaii 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, Hawaii, Covered by Tax Map Key:2 -4- 025:048, 053, and 080 (Parcel 1 approx. 16,130 square feet; Parcel 2 approx. 203,844 square feet). {Giampaolo "Paul' Boschetti, Applicant.) Re: Comm. 652.13 Intr. by: Mr. Ikeda Postponed: January 22 and February 3, 2010 Public Hearing: April 5, 2010 1 s Reading: April 7, 2010 Hawaii County Council -37 Page 9 April 20, 2010 Bill 216: Amends Chapter 14, Article 4, Section 14 -21 of the Hawaii 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 1s Reading: April 7, 2010 Bill 217: 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 ($350,000); funds shall be provided from Federal Grants Receivable ($250,000) and General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($350,000). Earlier in this fiscal year the United States Department of Agriculture Natural Resources Conservation Service (MRCS) 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. by: Mr. Onishi 1s Reading: April 7, 2010 2/3 Vote: Section 10 -6(d), Hawai`i County Charter Bill 218: 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 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 Hawaii County.} Re: Comm. 740 Intr. by: Mr. Onishi 1s Reading: April 7, 2010 Bill 219: 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 Federal Grants — Sexual Violence Prevention and Planning ($9,900); appropriates same to Sexual Violence Prevention and Planning.} Re: Comm. 744 Intr. by: Mr. Onishi 1s Reading: April 7, 2010 Hawaii County Council -37 Page 10 April 20, 2010 Bill 233: 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 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. by: Mr. Onishi 1s Reading: April 7, 2010 Bill 234: 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 1s Reading: April 7, 2010 REPORTS FINANCIAL Monthly Budget Status Report for the Months Ended October 31 and November 30, REPORTS: 2009, from the Department of Finance. 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.) ANNOUNCEMENTS ADJOURNMENT Note: B /R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation `By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961 -8255 byApril 16, 2010. Relay users please call 711(961 -8255) to contact our office. Hawaii County Council -37 Page I I April 20, 2010 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 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): 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. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. (Note: Videoconferencing will not be available at the Waimea Council Office (located at the Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5), due to the unavailability of equipment necessary to establish videoconferencing to multiple sites.) 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, Hawaii, 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to counciltestimon v a,co.hawaii.hi.us Please submit separate testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: Wednesday's, April 28 and May 5, 2010, at 6 p.m.; Friday's, April 30 and May 7, 2010, at 12 p.m.; and Sunday's, May 2 and 9, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS COMMITTEES TUESDAY, MAY 4, 2010 TBA SHERATON KEAUHOU BAY RESORT & SPA COUNCIL COUNCIL PUBLIC HEARING RE REAL PROPERTY TAX RATES COMMITTEES WEDNESDAY, MAY 5, 2010 9:00 A.M. MONDAY, MAY 17, 2010 5:00 P.M. TUESDAY, MAY 18, 2010 TBA SHERATON KEAUHOU BAY RESORT & SPA COUNCIL ROOM - HILO 25 Aupuni Street COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, MAY 19, 2010 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street