HomeMy WebLinkAboutAGE COUNCIL 05/19/2010 2008-2010 ACTIONSJ YOSHIMOTO
Chan. & Preszchng Officer
EMILY I. NAEOLE - BEASON
Tice Chazr
40 Session
INVOCATION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
COUNTY COUNCIL
County of Hanrai '1
Hanrai '1 County Building
25 Aupuni Street
Hilo, Han'ai '1 96720
ORDER OF BUSINESS
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i
GUY ENRIQUES
BRENDA FORD
KELLY GREENWELL
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
DOMINIC YAGONG
Wednesday, May 19, 2010
9:00 a.m.
Reverend Jack Snell of Puna Congregational Christian Church
9:03 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.
Hawai`i County Council -40
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON APPROVAL OF MINUTES AND
COMMUNICATIONS
APPROVAL OF MINUTES
COMMUNICATIONS
Comm. 808:
Comm. 808.1:
Comm. 808.2:
Comm. 808.3:
Page 2 May 19, 2010
February 18, 2010
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell,
Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and
Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
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 County of Hawai`i and Robert's Rules of Order Newlv Revised
(10 Edition).
Postponed: May 5, 2010
POSTPONED TO THE JULY 8, 2010, COUNCIL MEETING:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: Council Member Ikeda — 1.
ABSENT: None.
EXCUSED: None.
(Note: There is a pending motion by Ms. Ford and duly seconded by
Mr. Yagong to file Communication 808.)
;and
From Legal Specialist Levi Hookano, dated April 23, 2010, outlining the basics of
parliamentary procedure and its application to the proceedings of the Council and its
standing committees; and
From County Clerk Kenneth G. Goodenow, dated May 3, 2010, transmitting the
`Robert's Rules of Order Motions Chart" (based on Robert's Rules of Order Newly
Revised (10 Edition); and
From County Clerk Ken Goodenow, dated May 5, 2010, transmitting his power
point presentation regarding Communication 808.
Hawai`i County Council -40
Comm. 813:
Comm. 813.1:
ORDER OF RESOLUTIONS
Res. 329 -10:
NOMINATION OF MR. SEARLE GRACE (COUNCIL DISTRICT 3) TO THE
PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION COMMISSION
From Mayor Billy Kenoi, dated April 19, 2010, requesting approval of Mr. Grace's
nomination to the Public Access, Open Space, and Natural Resources Preservation
Commission.
Waived: FC
Page 3 May 19, 2010
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
;and
From Finance Committee Chair Dennis ``Fresh" Onishi, dated May 6, 2010,
requesting that the above matter be waived to the full Council.
9:30 A.M.: STATEMENTS FROM THE PUBLIC ON RESOLUTIONS
Accepts the Donation of Lot 117 -A (approx. 0.621 acre), Situate at `O1a`a, District
of Puna, County and State of Hawai`i, Identified as Being a Portion of Tax Map
Kev:(3)1- 8- 005:125, from William H. Flammer III. {The County of Hawai`i owns
and maintains North Pszvk Road, which encroaches onto lands owned by
William H. Flammer, III, Trustee and is presently in the process of subdividing out
the encroachment (Lot 117 -A). }
Re: Comm. 787
Intr. by: Mr. Enriques
Approve: PWIRC -76
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 -40
Res. 330 -10:
Res. 331 -10:
Res. 332 -10:
Page 4 May 19, 2010
Authorizes the Acceptance of a Donation of Children's Playground Equipment from
an Anonymous Benefactor to the Department of Parks and Recreation for the
Kamakana Children's Playground in Higashihara Park, North Kona. {Donation
valued at $29,23.98, effective May 5, 2009.}
Re: Comm. 788
Intr. by: Ms. Ford
Approve: FC -165
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Strongly Urges the 2011 State Legislature to Prohibit Riding in the Back of Open
Bed Pickup Trucks and Encourages Our Fellow County Councils to Join This
Effort.
Re: Comm. 794
Intr. by: Mr. Greenwell
Negative: PSPRC -29 (due to a vote of 2 -ayes; -noes; and
2- absent and excused)
FILED DUE TO THE FOLLOWING VOTE:
AYES: Council Members Greenwell and Hoffmann — 2.
NOES: Council Members Enriques, Ford, Ikeda, Naeole- Beason, Onishi,
Yagong, and Chair Yoshimoto — 7.
ABSENT: None.
EXCUSED: None.
Authorizes the Office of Housing and Community Development to Transfer
Twenty -Four Housing Units Located in Kawaihae to Council District Five for Use
as Transitional Housing. {This will take effect upon the closure of the Kawaihae
Transitional Housing Program (which is currently being managed by the Catholic
Charities of Hawai`i) and a qualified vendor will be selected through a Request for
Proposals.)
Re: Comm. 795
Intr. by: Ms. Naeole- Beason
Approve: HSEDC -6
WITHDRAWN BY MS. NAEOLE - BEASON
Hawai`i County Council -40
Res. 338 -10:
Res. 341 -10:
Page 5 May 19, 2010
Authorizes the Mayor to Enter Into an Agreement with the State of Hawaii
Department of Land and Natural Resources, Legacy Land Conservation
Commission, and to Accept Funds for the Acquisition of Pa`o`o, North Kohala,
Hawai`i. {Resolution 616 -08 authorizes the Finance Director to enter into
negotiations for acquisition of the subject parcel collectively known as Pa`o`o. The
State Department of Land and Natural Resources, Legacy Land Conservation
Commission, approved the County's application and granted the amount of
$94,000, which the Board of Land and Natural Resources approved on March 11,
2010.)
Re: Comm. 816
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.
Authorizes the Creation of a Recovery Zone Under the Provisions of the American
Recovery and Reinvestment Act of 2009 for the Purpose of Issuing Recovery Zone
Economic Development Bonds; Designation of the Local Suballocation of the
Volume Cap with Respect to the Recovery Zone Economic Development Bonds to
General Obligation Bonds of the County of Hawai`i. {Designates the entire County
of Hawai`i as an "economic recovery zone" under the provisions of the ARRA for
the purpose of utilizing taxable bonds with an interest payment tax subsidy of
45 percent.)
Re: Comm. 821
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.
10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
(NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.)
Hawai`i County Council -40
BILLS FOR ORDINANCES (FIRST READING)
Bill 210
(Draft 2):
Bill 211:
Comm. 711.137:
Page 6 May 19, 2010
Amends Chapter 7, Civil Defense, Article 2, Disaster Control, of the Hawai`i
County Code 1983 (2005 Edition, as Amended), Relating to Emergency Water
Spigots. {Amends Section 7 -6 (Definitions); removes Section 7 -8 (Water and water
hauling charges); adds a new Section 7 -8 (Emergency water spigots under the
control of civil defense agency); and amends Section 7 -11 (Penalty). }
Re: Comm. 709.4
Intr. by: Ms. Ford
Negative: PSPRC -27 (due to a vote of 1 -aye; 8 -noes)
AMENDED TO DRAFT 3 & FILED DUE TO THE FOLLOWING VOTE:
AYES: Council Member Yagong — 1.
NOES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, and Chair Yoshimoto — 8.
ABSENT: None.
EXCUSED: None.
(Note: This measure was waived from the Finance Committee and was placed
on the Council agenda of March 3, 2010. On March 3r Bill 210 was amended
to Draft 2 and referred to the Public Safety and Parks and Recreation
Committee.)
Establishes an Operating Budget for the County of Hawai`i for the Fiscal Year July
1, 2010, to June 30, 2011. {Proposed $37,367,419 Operating Budget for the
County of Hawai`i.
;and
Re: Comm. 711
Intr. by: Mr. Onishi
Approve: FC -163
From Mayor William P. Kenoi, dated May 5, 2010, transmitting Bill 211, Draft 2.
Draft 2 proposes numerous amendments to the previously submitted budget for FY
2010 -2011. A narrative summary of the amendments is attached to Communication
No. 711.137 (available to the public). Bill 211, Draft 2, revises revenues and
expenditures for accounts proposed in Draft 1 as follows: General Fund (total
adjustment +$2,129,37); Highway Fund (total adjustment - $1,61,876); Sewer
Fund (total adjustment - $182,388); and Solid Waste Fund (total
adjustment +$349,674).
;and
Hawai`i County Council -40
Bill 211
(Draft 2):
Page 7 May 19, 2010
Establishes an Operating Budget for the County of Hawai`i for the Fiscal Year
July 1, 2010, to June 30, 2011. {Proposed $376,001,627 Operating Budget for the
County of Hawai`i.
Intr. bv: Mr. Onishi
AMENDED TO DRAFT 3 & PASSED 1 READING:
AYES: Council Members Enriques, Hoffmann, Ikeda, Naeole- Beason,
Onishi, and Chair Yoshimoto — 6.
NOES: Council Members Ford, Greenwell, and Yagong — 3.
ABSENT: None.
EXCUSED: None.
(Note: These measures (Bill 211 and Bill 211, Draft 2) have been placed on the Special Meeting of the
Hawaii County Council agenda scheduled for May 13, 2010, at 6 p.m. in the Council Room, Hilo, Hawaii.
On May 13 it is expected that these measures will be postponed to the Council's May 19 meeting.)
Bill 212:
Comm. 712.2:
Bill 212
(Draft 2):
Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1,
2010, to June 30, 2011. {Proposed 39 projects totaling $127,603,000 Capital
Improvements Project Budget for the County of Hawai`i. }
Re: Comm. 712
Intr. bv: Mr. Onishi
Approve: FC -164
• and
From Mayor William P. Kenoi, dated May 5, 2010, transmitting Bill 212, Draft 2.
Draft 2 proposes 80 projects requiring a total appropriation of $144,666,000 with
the following breakdown: General Obligation Bonds, Capital Projects Fund
Balance, and/or Other Sources ($139,739,100); Federal Grants Receivable
($4,92,000); and Fair Share Contributions ($1,900).
; and
Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1,
2010, to June 30, 2011. {Proposed $144,666,000 Capital Improvements Project
Budget for the County of Hawai`i. }
Intr. bv: Mr. Onishi
AMENDED TO DRAFT 3 & 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.
(Note: These measures (Bill 212 and Bill 212, Draft 2) have been placed on the Special Meeting of the
Hawaii County Council agenda scheduled for May 13, 2010, at 6 p.m. in the Council Room, Hilo, Hawaii.
On May 13 it is expected that these measures will be postponed to the Council's May 19 meeting.)
Hawai`i County Council -40
Bill 230:
Bill 239:
Page 8 May 19, 2010
Amends Chapter 2, Administration, Article 15, Code of Ethics, of the Hawaii
County Code 1983 (2005 Edition, as Amended), Relating to the Code of Ethics.
{Amends the definition of "Agency "; and amends Sections 2 -83 (Fair treatment),
2 -84 (Conflicts of interest), and 2 -85 (Contracts). }
Re: Comm. 758
Intr. bv: Mr. Onishi
Approve: FC -167
POSTPONED TO THE CALL OF THE CHAIR:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Amends Chapter 7, Civil Defense, Article 2, and Amends Chapter 29, Water Use
and Development, of the Hawai`i County Code 1983 (2005 Edition, as Amended),
Relating to County Water Spigots. {Repeals Section 7 -8 (Water and water hauling
charges); amends Chapter 29 by incorporating existing Sections 29 -1 through 29 -4
into an Article 1 (Water Use and Development Plan) and adds a new Article 2
(Public Water Spigots); adds a new Section 29 -5 (Authority; Applicability; Use of
Public Water Spigots); and adds a new Section 29 -6 (Penalty). }
AMENDED
AYES:
NOES:
ABSENT:
EXCUSED:
Re: Comm. 784
Intr. bv: Mr. Enriques
Negative: PSPRC -28 (due to a vote of 4 -ayes; -noes)
TO DRAFT 2 & PASSED 1 READING:
Council Members Enriques, Ford, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
Council Member Greenwell — 1.
None.
None.
Hawai`i County Council -40
Bill 240:
Bill 241:
Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2010. {Decreases and appropriates
revenues to the following: Federal Grants — State Incentive Grant <$750,000> and
Federal Grant — Strategic Prevention Framework (SPF) — State Incentive Grant —
Phase II ($2,103.141), for a total of $2,103,141; appropriates to the following: SPF
— State Incentive Grant <$750,000> and SPF — State Incentive Grant — Phase II
($2,103,141), for a total of $2,103,141. Funds would be used to implement and
evaluate the assessment, capacity building, and evidence based underage drinking
prevention activities.)
Re:
Intr. bv:
Approve:
PASSED 1 READING:
AYES:
NOES:
ABSENT:
EXCUSED:
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 — 1,000 Square Feet (RS -15) to
Single - Family Residential — 10,000 Square Feet (RS -10) at Waiakea, South Hilo,
Hawai`i, Covered by Tax Map Kev:2 -4- 021:031 (approx. 20,393 square feet).
{Don C. Watson and Donna D. Watson, Applicants.)
PASSED 1
AYES:
NOES:
ABSENT:
EXCUSED:
Page 9 May 19 2010
Comm. 793
Mr. Onishi
FC -166
Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
None.
None.
None.
Re: Comm. 797
Intr. bv: Mr. Ikeda
Approve: PC -81
READING:
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, and Chair Yoshimoto — 8.
None.
Council Member Yagong — 1.
None.
Hawai`i County Council -40
Bill 242:
Bill 243:
Page 10 May 19, 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 Project District to Project District at Ponahawai, South Hilo,
Hawai`i, Covered by Tax Map Key:2 -3- 037:001, 2- 3- 044:019, and 2-3-049:053
(approx. 171.504 acres). (Wailani Development, LLC, Applicant.)
Re: Comm. 798
Intr. bv: Mr. Ikeda
Approve: PC -82
PASSED 1 READING:
AYES: Council Members Enriques, Greenwell, Ikeda, Naeole- Beason,
Onishi, Yagong, and Chair Yoshimoto — 7.
NOES: Council Members Ford and Hoffmann — 2.
ABSENT: None.
EXCUSED: None.
Repeals Ordinance No. 04 -144 Which Amended Section 25-8 -33 (City of Hilo Zone
Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code, by
Changing the District Classification from Agricultural 1 -Acre (A -1a),
Neighborhood Commercial — 40,000 Square Foot (CN -40), Single - Family
Residential — 7,500 Square Foot and 10,000 Square Foot (RS -7.5 and RS -10) and
Open (0) to Project District at South Hilo, Hawai`i, Covered by Tax Map
Kev:2 -3- 044:019, 2- 3- 049:03, and 2 -3- 037:001. {Wailani Development, LLC,
Applicant.)
Re: Comm. 798
Intr. bv: Mr. Ikeda
Approve: PC -83
PASSED 1 READING:
AYES: Council Members Enriques, Greenwell, Ikeda, Naeole - Beason,
Onishi, Yagong, and Chair Yoshimoto — 7.
NOES: Council Members Ford and Hoffmann — 2.
ABSENT: None.
EXCUSED: None.
Hawai`i County Council -40
Bill 251:
Bill 252:
Page 11 May 19, 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 — Workforce Investment Act (WIA) ($1,630,74); appropriates to the
following: WIA — Administration Planning 2010 -11 ($163,074), WIA — Adult
Program 2010 -11 ($474,840, WIA — Dislocated Worker Program 2010 -11
($46,323), and WIA — Youth Program 2010 -11 ($446,412), for a total of
$1,630,74.}
Re: Comm. 815
Intr. bv: Mr. Hoffmann
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. 09 -64, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2010. {Increases revenues in Wireless
Enhanced 911 System ($4,895,455); appropriates same to Wireless Enhanced 911.
Funds would be used to increase the Police Department's Pictometry Imagery for its
E911 system. }
Re: Comm. 820
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 -40
Bill 253:
Bill 254:
Page 12 May 19, 2010
Amends Both Chapter 2, Article 9, Department of Public Works and Chapter 2,
Article 14, Mass Transit Agency of the Hawai`i County Code 1983 (2005 Edition,
as Amended), by Deleting Section 41(5), Chapter 2, Article 9, and by Adding
Similar Language to Chapter 2, Article 14, Section 76 -78, as Well as Changing the
Name of the Mass Transit Agency to the Transportation Agency. { Proposed
amendments reflects the assumption of the Automotive Division, currently held
within the Public Works Department; and revises relevant sections of the Code to
transfer the duties and responsibilities of the Automotive Division from Public
Works to the Transportation Agency.)
Re: Comm. 822
Intr. by: Mr. Enriques
Waived: PWIRC
FILED DUE TO THE FOLLOWING VOTE:
AYES: None.
NOES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
ABSENT: None.
EXCUSED: None.
Amends Ordinance No. 09 -48, as Amended by Ordinance No. 09 -100 and
Ordinance No. 10 -38, Relating to the International Energy Conservation Code.
{Changes the effective date from June 15, 2010 to October 31, 2010.}
Re: Comm. 824
Intr. by: Ms. Naeole- Beason
Waived: PWIRC
PASSED 1 READING:
AYES: Council Members Greenwell, Ikeda, Naeole- Beason, Yagong, and
Chair Yoshimoto — 5.
NOES: Council Members Enriques, Ford, Hoffmann, and Onishi — 4.
ABSENT: None.
EXCUSED: None.
Hawai`i County Council -40
Bill 255:
Amends Ordinance 09 -48, as Amended, Relating to the International Energy
Conservation Code (IECC). {The proposed amendments are: Repeals Item (2) of
Section 3 (IECC Section 101.5.2 Low energy buildings); repeals item (4) of Section
3 (IECC Section 401.1 Scope — relating to applicability); amends Item (5) of
Section 3 (IECC Table 402.1.1 — Insulation and Fenestration Requirements by
Component); amends Paragraph (6) of Item (6) of Section 3 (IECC Section
402.1.1.1 Ceiling insulation alternative — relating to cool roofs); and amends Item
(12) of Section 3 (IECC Section 403.7 Residential Pools — relating to pool heaters). }
Re: Comm.825
Intr. bv: Mr. Hoffmann
Waived: PWIRC
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.
2:00 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 125
(Draft 3):
Page 13 May 19, 2010
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. bv: Mr. Ikeda
1S Reading: May 5, 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 -40
Bill 244:
Bill 245:
Page 14 May 19, 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
1S Reading: May 5, 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. 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
1S Reading: May 5, 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 -40
Bill 246:
Bill 247:
Page 15 May 19, 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.)
PASSED 2
AYES:
NOES:
ABSENT:
EXCUSED:
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.)
PASSED 2
AYES:
NOES:
ABSENT:
EXCUSED:
Re: Comm. 803
Intr. bv: Mr. Onishi
1S Reading: May 5, 2010
& FINAL READING:
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
None.
None.
None.
Re: Comm. 804
Intr. bv: Mr. Onishi
1S Reading: May 5, 2010
& FINAL READING:
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
None.
None.
None.
Hawai`i County Council -40
Bill 248:
Bill 249:
Bill 250:
Page 16 May 19, 2010
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.)
Re: Comm. 805
Intr. bv: Mr. Onishi
1S Reading: May 5, 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 -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: Comm. 806
Intr. bv: Mr. Onishi
1S Reading: May 5, 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 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
1S Reading: May 5, 2010
WITHDRAWN BY MR. HOFFMANN
Hawai`i County Council -40
REPORTS
Page 17 May 19, 2010
FINANCIAL Monthly Budget Status Report for the Month Ended February 28, 2010, from the
REPORTS: 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.
PC -80 Recommends approval of the nomination of Mr. Rodney Watanabe (Council
(Comm. 786): District 7) to the Board of Appeals.
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
PSPRC -26 Recommends approval of the nomination of Mr. Everette Souza (Council District 1)
(Comm. 785): to the Liquor Control Adjudication Board.
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
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: May 5, 2010
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
AYES: Council Members Enriques, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, and Chair Yoshimoto — 7.
NOES: Council Member Ford — 1.
ABSENT: Council Member Yagong — 1.
EXCUSED: None.
Hawai`i County Council -40
Page 18 May 19, 2010
Comm. 823: REQUEST FOR SCHEDULING OF EXECUTIVE MEETING — COUNTY OF
HAWAI`I V. 1250 OCEANSIDE PARTNERS, CIV. NO. 10- 1 -157K
Comm. 823.1:
From Corporation Counsel Lincoln S. T. Ashida, dated April 30, 2010.
;and
FILED:
AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Yagong, and
Chair Yoshimoto — 6.
NOES: None.
ABSENT: Council Members Naeole - Beason and Onishi — 2
EXCUSED: Council Member Greenwell — 1.
From Council Member Brenda J. Ford, dated May 3, 2010, requesting that the bond
attorney be present to discuss circumstances surrounding the $26 million bond to
complete the Mamalahoa Bypass Road.
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 10:50 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 17, 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.
Hawai`i County Council -40
Page 19 May 19, 2010
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 cozanciltestimonv c;co.hawaii.hi.zas. Please submit separate
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesdays, May 26 (to follow the viewing of the May 13 Council meeting which is scheduled to
begin at 6 p.m.), and June 2 at 6 p.m.; Fridays, May 28 (to follow the viewing of the May 13 Council
meeting which is scheduled to begin at 12 p.m.), and June 4 at 12 p.m.; and Sundays, May 30 (to follow
the viewing of the May 13 Council meeting which is scheduled to begin at 9 a.m.), and June 6 at 9 a.m.
(These airtimes are subject to preemption by broadcasts from the State Legislature.)
UPCOMING MEETINGS
MONDAY, JUNE 7, 2010
COUNCIL TBA 7:30 A.M. COUNCIL ROOM - HILO
25 Aupuni Street
TUESDAY, JUNE 22, 2010
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
WEDNESDAY, JUNE 23, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street