HomeMy WebLinkAboutAGE COUNCIL 05/05/2010 2008-2010 ACTIONSJ YOSHIMOTO
Chan. & Preszchng Officer
EMILY I. NAEOLE - BEASON
Tice Chazr
38 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, May 5, 2010
9:00 a.m.
INVOCATION Reverend Tullos Jones of Kona Baptist Church
CALL TO ORDER 9:00 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES February 3, 2010 — THIS WAS CANCELED BECAUSE IT WAS
ALREADY APPROVED AT THE APRIL 20, 2010, COUNCIL
MEETING
(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 -38
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS
COMMUNICATIONS
Comm. 770:
Comm. 770.1:
Comm. 791:
Comm. 808:
Page 2 May 5, 2010
NOMINATION OF MR. GREG GAUTHIER (COUNCIL DISTRICT 1) TO THE
LIQUOR COMMISSION
From Mayor Billy Kenoi, dated Aprils, 2010, requesting the approval of
Mr. Gauthier's nomination
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Yagong, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Onishi — 1.
EXCUSED: None.
• and
From Public Safety and Parks and Recreation Chair Dominic Yagong, dated
April 15, 2010, requesting that the above - referenced matter be waived to the full
Council for immediate action.
REAL PROPERTY TAX PUBLIC HEARING
From Council Member Dennis ``Fresh" Onishi, dated April 13, 2010, stating that
pursuant to the Hawai`i County Code, Section 19 -90, he requests a public hearing to
be held on May 17, 2010, at 5 p.m. in the Council Room. (Note: The Council will
be requested to set rates and/or range of rates for the public hearing notice.)
AMENDED AND FILED; AND SETS THE RANGE OF REAL PROPERTY
TAX RATES:
AYES: Council Members Enriques, Greenwell, Ikeda, Naeole- Beason, and
Chair Yoshimoto — 5.
NOES: Council Members Ford, Hoffmann and Yagong — 3.
ABSENT: Council Member Onishi — 1.
EXCUSED: None.
TRAINING SESSION ON PARLIAMENTARY PROCEDURES REGARDING
MOTIONS
From Council Member Brenda J. Ford, dated April 22, 2010, requesting that
Council Members receive training by County Clerk Kenneth Goodenow regarding
``motions" based on the Council's Rules of Procedure and Organization of the
Council of the Countv of Hawai`i and Robert's Rules of Order Newlv Revised
(10 Edition).
POSTPONED TO THE MAY 19, 2010, COUNCIL MEETING:
AYES: Council Members Enriques, Ford, Hoffmann, Yagong, and
Chair Yoshimoto — 5.
NOES: None.
ABSENT: Council Members Greenwell, Ikeda, Naeole- Beason, and Onishi —
4.
EXCUSED: None.
Hawai`i County Council -38
9:45 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
(NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.)
ORDER OF RESOLUTIONS
Res. 318 -10:
Comm. 757.2:
Res. 322 -10:
Authorizes the Acceptance by the County of Hawai`i of the Integrated Resources
and Solid Waste Management Plan Update for the County of Hawai`i. { States that
in order to comply with Chapter 342G, Hawai`i Revised Statutes, as amended, the
Council adopts the Integrated Resources and Solid Waste Management Plan; and
that pursuant to Chapter 342G, the County of Hawai`i Integrated Resources and
Solid Waste Management Plan shall be submitted to the Office of Solid Waste
Management of the State Department of Health.)
ADOPTED:
AYES:
NOES:
ABSENT:
EXCUSED:
Re:
Intr. bv:
Negative:
Page 3 May 5, 2010
Comm. 757
Mr. Greenwell
EMC -12
Council Members Enriques, Hoffmann, Ikeda, Naeole- Beason,
Onishi, and Chair Yoshimoto — 6.
Council Members Ford, Greenwell, and Yagong — 3.
None.
None.
;and
From Council Member Dominic Yagong, dated April 22, 2010, transmitting
proposed amendments to Resolution 318 -10.
Recognizes the Need to Preserve Existing Green Waste Facilities and Urges
Consideration of Expanding Green Waste Facilities to All Transfer Stations
Operated by the County. {Recognizes the need to maintain the County's existing
green waste collection facilities and to expand the hours of operation at these
facilities; and urges the consideration of expanding green waste collection facilities
to those transfer stations that do not currently accept green waste.)
ADOPTED:
AYES:
NOES:
ABSENT:
EXCUSED:
Re:
Intr. bv:
Approve:
Comm. 774
Mr. Greenwell
EMC -11
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
None.
None.
None.
Hawai`i County Council -38
Res. 333 -10:
Res. 334 -10:
Encourages the Mayor to Provide Sufficient Funding for the County Band in Fiscal
Year 2010 -2011.
ADOPTED:
AYES:
NOES:
ABSENT:
EXCUSED:
FILED:
AYES:
NOES:
ABSENT:
EXCUSED:
Re:
Intr. bv:
Waived:
Re:
Intr. bv:
Page 4 May 5, 2010
Comm. 800
Mr. Greenwell
FC
Council Members Enriques, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
Council Member Ford — 1.
None.
None.
Proposes an Alternative Amendment in Place of Charter Proposal CA -17, Relating
to the Reapportionment Commission. {Proposal CA -17 amends Article III,
Section 3 -17 of the Hawai`i County Charter and relates to what is currently titled
the ``County Reapportionment Commission." The alternate amendment relates to
Section 3 -17, Subsection (g), which lists criteria that the Commission shall adhere
to in establishing the boundaries of council districts; it proposes to amend
paragraphs (1), (2), and (4); and adds new paragraphs (5) through (9). }
Comm. 807
Ms. Ford
Council Members Ford, Naeole- Beason, and Yagong — 3.
Council Members Enriques, Greenwell, Hoffmann, Ikeda, Onishi,
and Chair Yoshimoto — 6.
None.
None.
Hawai`i County Council -38
Res. 335 -10:
Res. 336 -10:
Proposes an Alternative Amendment in Place of Charter Proposal CA -15, Relating
to a Public Access, Open Space, and Natural Resources Preservation Fund.
{Proposal CA -15 creates a Public Access, Open Space, and Natural Resources
Preservation Fund which would be added as a new section in Article X of the
County Charter. The alternate amendment relates to Section 10- , and differs from
CA -15 by amending Subsections (a) and (b) to require that 2 percent of real
property taxes be deposited into the Public Access, Open Space, and Natural
Resources Preservation Fund. The alternate amendment also differs from CA -15 by
explicitly stating that the fund shall be used for acquisition only and requiring a
covenant recorded in all acquired property deeds stating that such property ``shall be
held in perpetuity for the use and enjoyment of the people of Hawai`i County. This
land may not be sold, mortgaged, traded or transferred in any way. "}
FILED:
AYES:
NOES:
ABSENT:
EXCUSED:
Proposes an Alternative Amendment in Place of Charter Proposal CA -15, Relating
to a Public Access, Open Space, and Natural Resources Preservation Fund.
{Proposal CA -15 adds a section to Article 10 of the Hawai`i County Charter that
would provide for a Public Access, Open Space, and Natural Resources
Preservation Fund. The alternate amendment relates to Section 10-
Subsection (c), and proposes to add a new paragraph (3) that allows monies in the
fund to be used to maintain and manage lands purchased by the fund and states that
10 percent of the annual fund deposits shall be designated for such maintenance and
management.)
FILED:
AYES:
NOES:
ABSENT:
EXCUSED:
Page 5 May 5, 2010
Re: Comm. 810
Intr. bv: Mr. Yagong
Council Members Ford, Greenwell, Hoffmann, and Yagong — 4.
Council Members Enriques, Ikeda, Naeole - Beason, Onishi, and
Chair Yoshimoto — 5.
None.
None.
Re: Comm. 811
Intr. bv: Mr. Enriques
Council Members Enriques, Ikeda, and Onishi — 3.
Council Members Ford, Greenwell, Hoffmann, Naeole- Beason,
Yagong, and Chair Yoshimoto — 6.
None.
None.
Hawai`i County Council -38
Res. 337 -10:
Bill 125
(Draft 3):
Page 6 May 5, 2010
Proposes an Alternative Amendment in Place of Charter Proposal CA -15, Relating
to a Public Access, Open Space, and Natural Resources Preservation Fund.
{ Proposal CA-15 amends Article X of the Hawai`i County Charter by adding a new
section to a Public Access, Open Space, and Natural Resources Preservation Fund.
The alternate amendment differs from CA -15 by amending Section 10 -_
Subsection (a), to require that 2 percent of real property taxes be appropriated to the
Public Access, Open Space, and Natural Resources Preservation Fund; by adding a
new Subsection (b) to specify that deposits shall occur at least twice per year and
shall be invested in a conservative interest - bearing account; by adding a new
Subsection (d) that explicitly states that funds shall not be used to build capital
improvements or provide maintenance; and by adding a new Subsection (g) that
allows for purchases of land with fund money together with other funds on a
prorated basis for County public health, safety, and welfare purposes. The alternate
amendment also renumbers subsections and paragraphs as found in CA-15.1
Re: Comm. 812
Intr. by: Ms. Ford
WITHDRAWN BY MS. FORD
1:00 P.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Amends Chapter 25, Article 2, Division 1, Section 25-2 -4, of the Hawai`i County
Code 1983 (2005 Edition, as Amended), Relating to Notification of Surrounding
Property Owners and Lessees of Record for Change of Zone Applications. {The
proposed amendments relate to Section 25-2 -4, Subsection (a), and proposes to
amend paragraph (2) and adds new paragraph (3); and amends Subsection (b).}
Re: Comm. 475.6
Intr. by: Mr. Ikeda
Approve: PC -79
PASSED 1 READING:
AYES: Council Members Enriques, Ford, Ikeda, Onishi, Yagong, and
Chair Yoshimoto — 6.
NOES: None.
ABSENT: Council Members Greenwell, Hoffmann, and Naeole- Beason — 3.
EXCUSED: None.
Hawai`i County Council -38
Bill 244:
Bill 245:
Page 7 May 5, 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 Fund
Balance from Previous Year ($30,000); appropriates same to Transfer to Capital
Projects Fund — Geothermal [ Opihikao (Kama`ili) Road Paving]. Funds would be
used to pave the Opihikao (Kama`ili) Road.)
Re: Comm. 801
Intr. bv: Mr. Onishi
Waived: FC
PASSED 1 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. 04 -59 of the County of Hawaii, as Heretofore Amended,
Pertaining to the Issuance of General Obligation Bonds for the Purpose of Financing
Various Public Improvements of the County. { Ordinance 04-59, as amended by
Ordinances 04 -154 and 09 -20, authorized the issuance of general obligation bonds
in an aggregate principal amount not to exceed $47 million to finance various public
improvements of the County. The proposed amendment to the interest rate and
redemption provisions within the bond ordinance will allow the County to issue
taxable bonds under the American Recovery and Reinvestment Act.)
Re: Comm. 802
Intr. bv: Mr. Onishi
Waived: FC
PASSED 1 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 -38
Bill 246:
Bill 247:
Page 8 May 5, 2010
Amends Ordinance No. 07 -120 of the County of Hawai`i, Pertaining to the Issuance
of General Obligation Bonds for the Purpose of Funding Costs of the Waikoloa
Workforce Housing Project. {Ordinance 07 -120 authorized the issuance of general
obligation bonds in an aggregate principal amount not to exceed $40 million to fund
the Waikoloa Workforce Housing Project. The proposed amendment to the interest
rate and redemption provisions within the bond ordinance will allow the County to
issue taxable bonds under the American Recovery and Reinvestment Act.)
Re: Comm. 803
Intr. bv: Mr. Onishi
Waived: FC
PASSED 1 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. 08 -106 of the County of Hawai`i, as Heretofore Amended,
Pertaining to the Issuance of General Obligation Bonds for the Purpose of Funding
All or a Portion of the Costs of Various Capital Improvement Projects for the
County. {Ordinance 08 -106, as previously amended, authorized the issuance of
general obligation bonds in an aggregate principal amount not to exceed
$114,588,700 to fund all or a portion of the costs of various capital improvement
projects for the County. The proposed amendment to the interest rate and
redemption provisions within the bond ordinance will allow the County to issue
taxable bonds under the American Recovery and Reinvestment Act.)
Re: Comm. 804
Intr. bv: Mr. Onishi
Waived: FC
PASSED 1 READING:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Ikeda — 1.
EXCUSED: None.
Hawai`i County Council -38
Bill 248:
Bill 249:
Amends Ordinance No. 08 -148 of the County of Hawai`i, Pertaining to the Issuance
of General Obligation Bonds for the Purpose of Funding All or a Portion of the
Costs of the Kaloko Housing Program Project for the County. {Ordinance 08 -148
authorized the issuance of general obligation bonds in an aggregate principal
amount not to exceed $8 million to fund all or a portion of the costs of the Kaloko
Housing Program Project. The proposed amendment to the interest rate and
redemption provisions within the bond ordinance will allow the County to issue
taxable bonds under the American Recovery and Reinvestment Act.)
PASSED 1ST
AYES:
NOES:
ABSENT:
EXCUSED:
Page 9 May 5, 2010
Re: Comm. 805
Intr. bv: Mr. Onishi
Waived: FC
READING:
Council Members Enriques, Ford, Greenwell, Hoffmann
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
None.
Council Member Ikeda — 1.
None.
Amends Ordinance No. 09 -153 of the County of Hawai`i, Pertaining to the Issuance
of General Obligation Bonds for the Purpose of Funding All or a Portion of the
Costs of Various Capital Improvement Projects for the Department of Water Supply
of the County. {Ordinance 09 -153 authorized the issuance of general obligation
bonds in an aggregate principal amount not to exceed $31 million to fund all or a
portion of the costs of various capital improvement projects for the Department of
Water Supply. The proposed amendment to the interest rate and redemption
provisions within the bond ordinance will allow the County to issue taxable bonds
under the American Recovery and Reinvestment Act.)
Re:
Intr. bv:
Waived:
PASSED 1 READING:
AYES:
NOES:
ABSENT:
EXCUSED:
Comm. 806
Mr. Onishi
FC
Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
None.
None.
None.
Hawai`i County Council -38
Bill 250:
Comm. 809.1:
Page 10 May 5, 2010
Amends Chapter 5, Article 2, of the Hawai`i County Code 1983 (2005 Edition, as
Amended), Relating to the International Energy Conservation Code (IECC). {The
proposed amendments relate to Section 5-2.1.1 and repeals Item (2) (Low energy
buildings); repeals Item (4) (Scope); amends Item (5) (Table 402.1.1); amends
paragraph (6) of Item (6); and amends Item (12) (Residential pools). }
Re: Comm. 809
Intr. bv: Mr. Hoffmann
Waived: PWIRC
PASSED 1 READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Yagong, and
Chair Yoshimoto — 6.
NOES: Council Member Naeole - Beason — 1.
ABSENT: Council Members Greenwell and Onishi — 2.
EXCUSED: None.
;and
From Council Member Pete Hoffmann, dated April 22, 2010, requesting the
creation of an ad hoc committee relating to the IECC.
3:30 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 222:
Amends Chapter 24 of the Hawai`i 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. bv: Mr. Enriques
1S Reading: April 20, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Ikeda, Onishi, Yagong, and
Chair Yoshimoto — 6.
NOES: None.
ABSENT: Council Members Greenwell, Hoffmann, and Naeole- Beason — 3.
EXCUSED: None.
Hawai`i County Council -38
Bill 223:
Bill 224:
Bill 225:
Page 11 May 5, 2010
Amends Chapter 24 of the Hawai`i 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. bv: Mr. Enriques
1S Reading: April 20, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
EXCUSED: None.
Amends Chapter 24 of the Hawai`i 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 "Koloa Maoli Road. "}
Re: Comm. 751
Intr. bv: Mr. Enriques
1S Reading: April 20, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
EXCUSED: None.
Amends the State Land Use Boundaries Maps for the County of Hawai`i by
Changing the District Classification from the Agricultural to the Urban District at
Kea`au, Puna District, Hawai`i, Covered by Tax Map Kev:1 -6 -1 2:018 (approx.
1.646 acres). {Greenhouse Specialists, Inc., Applicant. }
Re: Comm. 753
Intr. bv: Mr. Ikeda
1S Reading: April 20, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Hoffmann Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7,
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2
EXCUSED: None.
Hawaii County Council-38
Bill 226:
Bill 227:
Amends Section 25-8-22 (Puna District Zone Mao)_ Article 8_ Chapter 25 (Zoning
Code) of the Huvmii County Code 1983 (2005 by Changing the District
Classification from Agricultural — 20 Acres toLbndudlnduyuia| —
20_000 Square Feet (M~-20)u1Kuu^uu_ Puna District, Huvmii_ Covered hvTax
MaoKuv:|-6-|52:0|8 (approx. 1.646 acres). (Gruunhouyu Specialists, Inc.,
PASSED 2
AYES:
NOES:
ABSENT:
EXCUSED:
PASSED 2
AYES:
NOES:
ABSENT:
EXCUSED:
Page 12 May 5_20|0
Re: Comm. 753
Intr.hc Mr. Ikeda
|~ Reading: April 20_20|0
& FINAL READING
Council Members Enriques. Ford. Ikeda,
Chair Yoshimoto — 6.
None.
Council Members Greenwell.
None.
Re: Comm. 754
Intr.hc Mr. Ikeda
|~ Reading: April 20_20|0
& FINAL READING:
Council Members Enriques. Ford. Ikeda,
Chair Yoshimoto — 6.
None.
Council Members Greenwell. Hoffmann
None.
Onishi, Yagong, and
and —3.
Amends Section 25-8-33 (City of Hilo Zone Mao)_ Article 8_ Chapter 25 (Zoning
Code) of the Huvmii County Code 1983 (2005 _ by Changing the District
Classification from Agricultural —OnuAoru(A-|u)toNebhborhoodConnurobU-
20_000BquuruFucL(CN-20)u1Ponuhuvvui_Bou1hEU|o_Huvmi^iCovurudhyTur
Map Key:2-3-037:014 (approx. 3.258 acres). {William and CHvnniy Dolan,
Onishi, Yagong, and
and Naeole-Beason —3.
Hawai`i County Council -38
Bill 228:
Bill 231
(Draft 2):
Page 13 May 5, 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 Agricultural — One Acre (A -1a) to Neighborhood Commercial —
20,000 Square Feet (CN -20) at Ponahawai, South Hilo, Hawai`i, Covered by Tax
Map Key:2 -3- 037:006 (approx. 5.075 acres). {Gillie and Jane Silva, Applicants.)
Re: Comm. 755
Intr. bv: Mr. Ikeda
1S Reading: April 20, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Ikeda, Onishi, Yagong, and
Chair Yoshimoto — 6.
NOES: None.
ABSENT: Council Members Greenwell, Hoffmann, and Naeole- Beason — 3.
EXCUSED: None.
Adopts a Pav Plan for Persons Employed by the County Other Than Those Whose
Pav is Otherwise Provided for, Designates Payroll Periods, Pav 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. bv: Mr. Yoshimoto
1S Reading: April 20, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
EXCUSED: None.
Hawai`i County Council -38
Bill 232:
Bill 234:
Bill 235:
Page 14 May 5, 2010
Amends Chapter 24 of the Hawai`i 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
1S Reading: April 20, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
EXCUSED: None.
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.)
Comm. 766
Ms. Naeole- Beason
April 7, 2010
April 20, 2010
AMENDED TO DRAFT 2 & PASSED 2 & FINAL READING:
Council Members Enriques, Ford, Hoffmann, Ikeda
Naeole- Beason, Yagong, and Chair Yoshimoto — 7.
Council Member Onishi — 1.
Council Member Greenwell — 1.
None.
AYES:
NOES:
ABSENT:
EXCUSED:
Re:
Intr. bv:
1S Reading:
Postponed:
(Note: There is a pending motion by Ms. Naeole- Beason and duly seconded by
Ms. Ford to approve Bill 234.)
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 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. bv: Mr. Onishi
1S Reading: April 20. 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
EXCUSED: None.
Hawai`i County Council -38
Bill 236:
Bill 237
(Draft 2):
Page 15 May 5, 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
Videotaping Contribution — Na Leo `O Hawai`i ($7,000); appropriates same to
Videotaping — Na Leo `O Hawai`i.)
Re: Comm. 777
Intr. bv: Mr. Onishi
1S Reading: April 20, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
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 the
following: Federal — 2010 Block Grant ($2,998,922) and Block Grant — Program
Income ($2,000), for a total of $3,023,922; appropriates to the following: Hospice
of Hilo — In- Patient Facility Construction ($700,000), Residential Emergency
Repair Program ($27,000), Easter Seals Hawai`i — Facility Expansion ($400,000),
Pahala Fire Station — Fire Tanker Acquisition ($20,000), Removal of Architectural
Barriers — Americans with Disabilities Act Compliance — Various County Facilities
($427,461), Boys and Girls Club — Americans with Disabilities Act Improvements
($250,000), Panaewa Park New Covered Play Courts ($449,461), and
Administration, Planning and Fair Housing ($272,000), for a total of $3,023,922.1
Re: Comm. 782.E
Intr. bv: Mr. Hoffmann
1S Reading: April 20, 2010
PASSED 2 & FINAL READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
EXCUSED: None.
Hawai`i County Council -38
Bill 238
(Draft 2):
REPORTS
Page 16 May 5, 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 —
2010 HOME Investment Partnerships Program ($999,73); appropriates to the
following: Mohouli Heights Senior Neighborhood 1 — Hawai`i Island Community
Development Corporation ($200,000), Tenant Based Rental Assistance — County of
Hawai`i ($500,000), Kaloko Housing Project — County of Hawai`i ($214,573), and
Office of Housing and Community Development Administration ($85,000), for a
total of $999,573.)
Re: Comm. 782.6
Intr. by: Mr. Hoffmann
1S Reading: April 20, 2010
PASSED 2' & FINAL READING:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
EXCUSED: None.
FINANCIAL Monthly Budget Status Report for the Months Ended December 31, 2009, and
REPORTS: January 31, 2010, from the Department of Finance
ACCEPTED:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
EXCUSED: None.
FC -162 Recommends approval of the following nominations to the Cost of Government
(Comm. 768): Commission: Mr. Glen Matsuda (Council District 2), Ms. Gloria Wong (Council
District 4), Ms. Marilyn Nicholson (Council District 6), and Ms. Patricia Provalenko
(Council District 9).
APPROVED:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
EXCUSED: None.
PC -78 Recommends approval of the nomination of Mr. Kenneth Kaneshiro (Council
(Comm. 772): District 1) to the Water Board.
APPROVED:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
EXCUSED: None.
Hawai`i County Council -38
Page 17 May 5, 2010
PSPRC -25 Forwards a negative recommendation of the nomination of Mr. Leroy Victorine
(Comm. 771): (Council District 2) to the Police Commission, due to a vote of 4 -ayes, 4 -noes, and
1- absent.
APPROVED:
AYES: Council Members Enriques, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: Council Member Ford — 1.
ABSENT: None.
EXCUSED: None.
REFERRALS FOR EXECUTIVE SESSION
Comm. 789:
REQUEST FOR REPRESENTATION OF HIRAM KELIIKOA IN THE CASE
ENTITLED JOSEPH RIVERA VS. STATE OF HAWAII DEPARTMENT OF
TRANSPORTATION, CIVIL NO. 10- 1- 0482 -03 GWBC
From Deputy Corporation Counsel Joseph K. Kamelamela, dated April 19, 2010.
POSTPONED TO CALL OF CHAIR:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Onishi,
Yagong, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Greenwell and Naeole- Beason — 2.
EXCUSED: None.
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 6:45 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 May 3, 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.
Hawai`i County Council -38
• Sheraton Keauhou Bay Resort & Spa, 78 -128 Ehukai Street, Kona; and
• County Council Room, 25 Aupuni Street, Hilo.
Page 18 May 5, 2010
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):
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 counciltestimonv c;co.hawaii.hi.zas. Please submit separate
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesdays, May 12 and 19, 2010, at 6 p.m.; Fridays, May 14 and 21, 2010, at 12 p.m.; and Sundays, May 16
and 23, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature.
UPCOMING MEETINGS
THURSDAY, MAY 13, 2010
SPECIAL MEETING OF 6:00 P.M. COUNCIL ROOM - HILO
THE COUNCIL RE 25 Aupuni Street
OPERATING AND
CAPITAL BUDGETS
COUNCIL PUBLIC
HEARING RE REAL
PROPERTY TAX RATES
MONDAY, MAY 17, 2010
5:00 P.M. COUNCIL ROOM - HILO
25 Aupuni Street
TUESDAY, MAY 18, 2010
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
WEDNESDAY, MAY 19, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
MONDAY, JUNE 7, 2010
COUNCIL TBA COUNCIL ROOM - HILO
25 Aupuni Street
TUESDAY, JUNE 22, 2010
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
Hawai`i County Council -38
Page 19 May 5, 2010
WEDNESDAY, JUNE 23, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street