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HomeMy WebLinkAboutAGE COUNCIL 06/07/2010 2008-2010 ACTIONSJ YOSHIMOTO Chan. & Preszchng Officer EMILY I. NAEOLE - BEASON Tice Chazr 41S Session INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE COUNTY COUNCIL County of Hanrai '1 Hanrai '1 County Building 25 Aupuni Street Hilo, Hanrai '1 96720 ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Monday, June 7, 2010 7:30 a.m. Father Gregorio deGuzman of St. Joseph Church 7:33 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. GUY ENRIQUES BRENDA FORD KELLY GREENWELL PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI DOMINIC YAGONG Hawai`i County Council -41 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 7:30 A.M.: STATEMENTS FROM THE PUBLIC ON APPROVAL OF MINUTES, COMMUNICATIONS, ORDER OF RESOLUTIONS, 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.) APPROVAL OF MINUTES COMMUNICATIONS ORDER OF RESOLUTIONS Res. 267 -09: Comm. 597.1: Comm. 597.2: Page 2 June 7, 2010 Amends the Rules of Procedure and Organization of the Council of the County of Hawai`i. {Amends Rule No. 2, Section 1, relating to regular meetings, by adhering to the Charter mandated number of meetings to be held in West Hawai`i, which states that the County Council shall meet at least quarterly in the judicial district of North Kona or South Kona (Article III, Section 3 -7). } Re: Comm. 597 Intr. by: Mr. Ikeda Postponed: November 18, 2009 FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Enriques, Ikeda, Naeole - Beason, and Chair Yoshimoto — 4. NOES: Council Members Ford, Greenwell, Hoffmann, Onishi, and Yagong — 5. ABSENT: None. EXCUSED: None. (Note: There is a pending motion by Mr. Ikeda and duly seconded by Ms. Naeole to approve Resolution 267 -09.) ;and From County Clerk Kenneth Goodenow, dated November 12, 2009, transmitting a corrected Exhibit A (which contained an error with respect to ramseyer formatting); and From County Clerk Kenneth G. Goodenow, dated November 12, 2009, providing information relating to the average cost of meetings held in Hilo and Kona (based on actual costs incurred in Fiscal Year 2008 - 2009). Hawai`i County Council -41 Res. 339 -10: Res. 343 -10: Res. 344 -10: Determines the Real Property Tax Rates for the County of Hawai`i for the Fiscal Year July 1, 2010, to June 30, 2011. {The rates are based on the Mayor's proposed operating budget (Bill 211, Draft 2) for each class of property established in accordance with Chapter 19, Article 7, Section 19 -53(e) of the Hawai`i County Code.) ADOPTED AYES: NOES: ABSENT: EXCUSED: ADOPTED AYES: NOES: ABSENT: EXCUSED: ADOPTED AYES: NOES: ABSENT: EXCUSED: Page 3 June 7, 2010 Re: Comm. 817 Intr. bv: Mr. Onishi Waived: FC Public Hearing: May 17, 2010 ON JUNE 8, 2010: Council Members Enriques, Ikeda, Naeole - Beason, Onishi, and Chair Yoshimoto — 5. Council Members Ford, Greenwell, Hoffmann, and Yagong — 4• None. None. Authorizes the Mayor to Enter Into a Memorandum of Agreement with State of Hawai`i State Civil Defense to Provide Funding Related to Tsunami Warnings. {Funds would be used towards roadway markers and signage to identify Tsunami Evacuation Zones.) Re: Comm. 829 Intr. bv: Mr. Onishi Waived: FC ON JUNE 8, 2010: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda, Naeole - Beason, Yagong, and Chair Yoshimoto — 8. None. Council Member Onishi — 1. None. 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 Hospital Discharge Planning Model and the Aging and Disability Resource Center Expansion Grants. {Enables the County of Hawai`i to implement the federally funded Hospital Discharge Planning Model and the Aging and Disability Resource Center (ADRC) Expansion grants and to also receive additional state funding for the ADRC.) Re: Comm. 830 Intr. bv: Mr. Onishi Waived: FC ON JUNE 8, 2010: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 8. None. Council Member Hoffmann — 1. None. Hawai`i County Council -41 Res. 345-10: Res. 346 -10: Authorizes the County of Hawaii to Enter Into a Multi -Year Contract (Three Years) with Hawaiian Telcom for Wireless E911 Service for the Hawai`i Police Department and Hawai`i Fire Department. {Hawaiian Telcom provides Wireless E911 connectivity services, repair, and maintenance to the Departments' dispatcher public safety answering point (PSAP) positions. The contract has a fixed rate of $2,315 per PSAP position or $25,465 per month.) ADOPTED AYES: NOES: ABSENT: EXCUSED: Page 4 June 7, 2010 Re: Comm. 831 Intr. bv: Mr. Onishi Waived: FC ON JUNE 8, 2010: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Yagong, and Chair Yoshimoto — 8. None. Council Member Onishi — 1. None. Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46 -7, for the FY 2009 Assistance to Firefighters Grant for the Hawai`i Fire Department. {Funds would be used towards the purchase of turn -out coats and pants for fire personnel.) Re: Comm. 832 Intr. bv: Mr. Onishi Waived: FC ADOPTED ON JUNE 8, 2010: AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. NOES: None. ABSENT: Council Member Greenwell — 1. EXCUSED: None. Hawai`i County Council -41 Res. 348 -10: Bill 256: Page 5 June 7, 2010 Sets a Policy for the Fiscal Years 2010 -11 and 2011 -2012 to Prohibit Hiring Retired County Employees for Short-Term Employment Contracts, Exempting Certain Departments and Employees. {Prohibits hiring retired County employees on a short-term contract basis with the exception of those departments and employees protecting public health, safety, and welfare; employees hired by the Department of Parks and Recreation to cover the school intercessions, summer sessions, and any elder activities or programs; any interns hired to assist the Office of the Corporation Counsel and the Office of the Prosecuting Attorney; the Medical Director for the Fire Department; and the Office of the Legislative Auditor. This shall not apply to positions paid for by grants from any source other than the County, and that any contract entered in violation of this policy shall be void.) Re: Comm. 835 Intr. bv: Ms. Ford Waived: FC FILED ON JUNE 8, 2010, DUE TO THE FOLLOWING VOTE: AYES: Council Members Ford, Hoffmann, and Yagong — 3. NOES: Council Members Enriques, Greenwell, Ikeda, Naeole- Beason, Onishi, and Chair Yoshimoto — 6. ABSENT: None. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) 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 — Tsunami Observer Program ($20,000); appropriates same to Tsunami Observer Program.) Re: Comm. 829 Intr. bv: Mr. Onishi Waived: FC PASSED 1 READING ON JUNE 8, 2010: 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 -41 Bill 257: Bill 258: Bill 259: Page 6 June 7, 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 the following: Federal Grants — Area Plan on Aging ($217,922) and State Grants — Area Plan on Aging ($50,000), for a total of $267,922; appropriates same to Area Plan on Aging.) Re: Comm. 830 Intr. bv: Mr. Onishi Waived: FC PASSED 1 READING ON JUNE 8, 2010: 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. {Appropriates revenues in Federal Grants — Assistance to Firefighters Grant 2009 ($303,738); appropriates same to Assistance to Firefighters Grant 2009.} Re: Comm. 832 Intr. bv: Mr. Onishi Waived: FC PASSED 1 READING ON JUNE 8, 2010: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda, Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Amends Chapter 18, Article 4, Division 1, Section 18 -90, Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Public Transportation. { Charges a nominal fee of $1 per ride effective July 1, 2010, with the exception of certain riders as defined in Section 18 -1 (handicapped, senior citizen, student), who shall ride free of charge.) Re: Comm. 833 Intr. by: Mr. Yagong Waived: FC WITHDRAWN BY MR. YAGONG ON JUNE 8, 2010 Hawai`i County Council -41 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 211 (Draft 3): Comm. 711.159: Comm. 711.160 (Memo. No. 1): Comm. 711.161 (Memo. No. 2): Comm. 711.162 (Memo. No. 3): Comm. 711.163 (Memo. No. 4): Comm. 711.164 (Memo. No. 5): Comm. 711.165 (Memo. No. 6): Comm. 711.166 (Memo. No. 7): Page 7 June 7, 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. Re: Comm. 711.158 Intr. by: Mr. Onishi 1S Reading: May 19, 2010 AMENDED TO DRAFT 4 & PASSED 2 & FINAL READING ON JUNE 8, 2010: AYES: Council Members Enriques, Greenwell, Ikeda, Naeole- Beason, Onishi, and Chair Yoshimoto — 6. NOES: Council Members Ford, Hoffmann and Yagong — 3. ABSENT: None. EXCUSED: None. ;and From Deputy Finance Director Deanna S. Sako, dated May 25, 2010, transmitting an updated informational sheet relating to GASB 45 (Other Post - Employment Benefits), which includes the account numbers as part of the column identifications; and From Council Member Brenda J. Ford, dated May 20, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues -Real Property Taxes ($361,379), and decreases Expenditures Transfer to Golf Course ($361,379) to $0); and From Council Member Pete Hoffmann, dated May 20, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues -Real Property Taxes ($00,000), and deletes Expenditures —West Hawai`i Golf Program); and From Council Member Pete Hoffmann, dated May 20, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues -Real Property Taxes ($4,000,000), and increases same to Sale of Real Property); and From Council Member Dominic Yagong, dated May 20, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($700,000), and increases same to Bus Fares); and From Council Member Dominic Yagong, dated May 19, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($1,113,641), and decreases same to various expenditures of the Police Department); and From Council Member Dominic Yagong, dated May 21, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($288,000), and decreases same to various Fire Department expenditures); and From Council Chair J Yoshimoto, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($41,710, decreases Expenditure Mass Transit Agency Automotive ($4,467,690, and transfers Automotive back to the Department of Public Works with an increase of $4,339,317); and Hawai`i County Council -41 Comm. 711.167 (Memo. No. 8): Comm. 711.168 (Memo. No. 9): Comm. 711.169 (Memo. No. 10): Comm. 711.170 (Memo. No. 11): Comm. 711.171 (Memo. No. 12): Comm. 711.172 (Memo. No. 13): Comm. 711.173 (Memo. No. 14): Comm. 711.174 (Memo. No. 15): Comm. 711.175 (Memo. No. 16): THIS MATTER WAS CANCELED Page 8 June 7, 2010 From Council Chair J Yoshimoto, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Expenditure Civil Defense Water Spigot Program ($79,700), and increases same to Department of Public Works Water Spigot Program); and From Council Member Donald Ikeda, dated May 24, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues -Real Property Taxes ($68,460), and decreases Expenditures - Clerk- Council Other Current Expenses ($48,820) and Legislative Auditor Other Current Expenses ($16,440)); and From Council Member Dennis "Fresh" Onishi, dated May 24, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases Property Taxes ($301,983), and unfunds various positions in the Department of Public- Works, Department of Parks and Recreation, and the Office of the Prosecuting Attorney); and From Council Member Brenda Ford, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases Fire Protection - Salaries and Wages, Overtime Salaries and Wages ($184,640); and increases Ocean Safety Salaries and Wages ($123,720, West Hawai`i Ocean Safety Salaries and Wages ($26,816), Retirement Benefits ($22,82), and Employer FICA ($11,17)); and From Council Member Brenda Ford, dated May 24, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases Revenues, Real Property Taxes ($60,630); decreases Expenditures of Clerk- Council Services Other Current Expenses, Telephone ($6,680); decreases Council Members' mileage ($32,400); decreases Clerk- Council Services Other Current Expenses, Electricity ($2.550); decreases Clerk- Council Services Other Current Expenses, Miscellaneous Charges ($21,000); decreases Clerk- Council Services Other Current Expenses, Hawai`i State Association of Counties/National Association of Counties ($3,000); and increases Expenditures Miscellaneous Reapportionment Commission ($5,000)); and From Council Member Brenda Ford, dated May 24, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues, Real Property Taxes ($30,000), and decreases Expenditures Parks and Recreation Administration Other Current Expenses, Lava Viewing Program ($30,000)); and From Council Member Dominic Yagong, dated May 24, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Expenditure ($5,000,000), and decreases same to Post - employment Benefits Expenditures); and From Council Member Pete Hoffmann, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($70,000), and decreases same to Expenditures Transfer to Solid Waste Fund); and From Council Member Brenda J. Ford, dated May 26, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases Revenues -Real Property Taxes ($20,545), and decreases same to Expenditures Mass Transit - Salaries and Wages, Regular Salaries and Wages); and Hawai`i County Council -41 Comm. 711.176 (Memo. No. 17): Comm. 711.177 (Memo. No. 18): Comm. 711.178 (Memo. No. 19): Comm. 711.179 (Memo. No. 20): Comm. 711.180 (Memo. No. 21): Comm. 711.181 (Memo. No. 22): Comm. 711.182 (Memo. No. 23): Comm. 711.183 (Memo. No. 24): Page 9 June 7, 2010 From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($107,018); and decreases Expenditures Data Systems Salaries and Wages ($82,464), Health Benefits ($5,875), Retirement Benefits ($12,370), and Employer FICA ($6,309)); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($96,416); and decreases Expenditures Accounts Salaries and Wages ($21,248), Real Property Tax Salaries and Wages ($19,122), Vehicle Registration and License Administration Salaries and Wages ($23,871), Health Benefits ($17,625), Retirement Benefits ($9,636), and Employer FICA ($4,914)); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($200,820); and decreases Expenditures Prosecuting Attorney Salaries and Wages ($21,248), Kona Prosecuting Attorney Salaries and Wages ($123,326), Health Benefits ($23,00), Retirement Benefits ($21,686), and Employer FICA ($11,060)); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($36,000), and decreases same to Expenditure Humane Society); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($200,000), and decreases same to Workers Compensation); and From Council Member Pete Hoffmann, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($40,000), and decreases same to Expenditures Transfer to Solid Waste Fund; and decreases Solid Waste Fund Revenues - Transfer from General Fund ($40,000), and decreases same to Expenditures Landfill Other Current Expenses Security Service Transfer Station); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($669,713); and decreases Expenditures 'Mae Cemetery Salaries and Wages ($22,621), Hilo and West Hawai`i Veterans Cemetery Salaries and Wages ($22,621), Coordinated Services Salaries and Wages ($70,92), Parks Maintenance Salaries and Wages ($195,615), Recreation Division Salaries and Wages ($13,132), Elderly Activities Division Special Programs Salaries and Wages ($32,277), Health Benefits ($82,20), Retirement Benefits ($71,924), and Employer FICA ($36,681)); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($58,591), and decreases same to Expenditures Transfer to Golf Course Fund; and decreases Golf Course Fund Revenues Transfer from General Fund ($58,591), and decreases Golf Course Fund Expenditures Golf Course Salaries and Wages ($42,981), Health Benefits ($5,875), Retirement Benefits ($6,447), and FICA Employer Share ($3,288)); and Hawai`i County Council -41 Comm. 711.184 (Memo. No. 25): Comm. 711.185 (Memo. No. 26): Comm. 711.186 (Memo. No. 27): Comm. 711.187 (Memo. No. 28): Comm. 711.188 (Memo. No. 29): Comm. 711.189 (Memo. No. 30): Comm. 711.190 (Memo. No. 31): Comm. 711.191 (Memo. No. 32): Comm. 711.192 (Memo. No. 33): Page 10 June 7, 2010 From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($268,200); and decreases Expenditures General Services Other Current Expenses ($20,000), General Service Equipment ($2,000), Building Repair and Maintenance Other Current Expenses ($138,200), Building Design and Engineering Other Current Expenses ($5,000), Public Works Administration Other Current Expenses ($102,000), and Engineering Division Other Current Expenses ($1,000)); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($20,563); and decreases Expenditures General Services Salaries and Wages ($30,161), Building Design and Engineering Salaries and Wages ($38,744), Building Inspection Salaries and Wages ($111,436), Health Benefits ($29,375), Retirement Benefits ($27,051), and Employer FICA ($13,796)); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($289,800), and decreases same to various travel expenditures); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($8,000); and decreases Expenditures Environmental Management Other Current Expenses ($7,500) and Environmental Management Equipment ($500)); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($4,000), and decreases same to Expenditures Planning Other Current Expenses); and From Council Member Dominic Yagong, dated May 26, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($106,108); and decreases Expenditures Human Resources Other Current Expenses ($14,608), Advertising Expense ($5,000), Training Expenses ($6,00), Salary Commission Other Current Expenses ($1,000), Employee Scholarship ($1,000), Americans with Disabilities Act Modification/Accommodation ($40,000), Health and Safety Other Current Expenses ($20,000), and Video Display Terminal Eve Exams ($4,000)); and From Council Member Dominic Yagong, dated May 26, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($6,000), and decreases same to Expenditures Corporation Counsel Other Current Expenses; and From Council Member Dominic Yagong, dated May 26, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($54,775); and decreases Expenditures Prosecuting Attorney Other Current Expenses ($49,050) and Kona Prosecuting Attorney Other Current Expenses ($5,725)); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($814,70); and decreases Expenditure Parks and Recreation Administration Other Current Expenses ($160,70), West Hawai`i Golf Program ($00,000), Parks Maintenance Other Current Expenses ($10,000), and Recreation Division Other Current Expenses ($4,000)); and Hawai`i County Council -41 Comm. 711.193: Comm. 711.194 (Memo. No. 34): Comm. 711.195 (Memo. No. 35): Comm. 711.196 (Memo. No. 36): Comm. 711.197 (Memo. No. 37): Comm. 711.198 (Memo. No. 38): Comm. 711.199 (Memo. No. 39): Page 11 June 7, 2010 From Prosecuting Attorney Jay T. Kimura, dated May 27, 2010, transmitting a summary of the proposed budget cuts within their current Administrative budget proposal and their priorities for the next fiscal year; and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($201,420; and decreases Expenditure Clerk- Council Other Current Expenses ($139,420, Hawai`i State Association of Counties/National Association of Counties ($6,000), Reprographics ($22,000), and Postage - Council Services ($34,000)); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($60,000); and decreases Expenditure Office of Management Other Current Expenses ($40,000) and Disabled Parking Placard Program ($20,000)); and From Council Vice Chair Emily I. Naeole- Beason, dated Mav 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues State Grants Drug Abuse Resistance Education(DARE) /Department of Education (DOE)($34,120, and decreases same to Expenditures DARE /DOE (Police)); and From Council Member Dominic Yagong, dated May 24, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($64,076) and Environmental Management Department Administration Charges ($64,881); and decreases Expenditures Environmental Management Salaries and Wages ($64,881), Health Benefits ($11,70), Retirement Benefits ($9,732), Employer FICA ($4,963), and Transfer to Solid Waste Fund ($37,631); and decreases Solid Waste Fund Revenues Transfer from General Fund ($37,631), and decreases same to Expenditures Landfills Other Current Expenses); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($65 1,616) and same to Expenditures Transfer to Solid Waste Fund; and decreases Solid Waste Fund Revenues Transfer from General Fund ($65 1,616), and decreases Expenditures Landfill Salaries and Wages ($403,557), P -Hulu West Hawai`i Landfill Salaries and Wages ($62,076), Recycling Programs - County Salaries and Wages ($8,169), Health Benefits ($70,00), Retirement Benefits ($71,069), and Employer FICA ($36,240); and From Council Member Dominic Yagong, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($1,389,382), Expenditures Transfer to Solid Waste Fund ($324,000), Transfer to Golf Course Fund ($7,00), and various Salaries and Wages Overtime; and corresponding amendment to the Solid Waste Fund and Golf Course Fund as follows: Solid Waste Fund (decreases Revenues Transfer from General Fund ($324,000); decreases Expenditure Landfills Salaries and Wages ($276,00), P -Hulu West Hawai`i Landfill ($40,00), Beverage Deposit Program Salaries and Wages ($2,00), and Recycling Programs - County Salaries and Wages ($4,00)); and Golf Course Fund (decreases Revenues Transfer from General Fund ($7,00); and decreases same to Expenditures Golf Course Salaries and Wages)); and Hawai`i County Council -41 Comm. 711.200 (Memo. No. 40): Bill 212 (Draft 3): Comm. 712.13 (Memo. No. 1): Comm. 712.14 (Memo. No. 2): Comm. 712.15 (Memo. No. 3): Comm. 712.16 (Memo. No. 4): Page 12 June 7, 2010 From Council Member Kelly Greenwell, dated May 25, 2010, transmitting a proposed amendment to Bill 211, Draft 3 (decreases General Fund Revenues Real Property Taxes ($23,000,000), and increases Revenues American Recovery and Reinvestment Act Grants ($50,000,000) while it increases Expenditures Post - Employment Benefits (GASB) ($11,000,000), Provision to Restore Furloughs ($7,000,000), and Provision to Restore Funding ($9,000,000)). Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010, to June 30, 2011. {Proposed 87 projects totaling $13,063,000 Capital Improvements Project Budget for the County of Hawai`i. } Re: Comm. 712.12 Intr. by: Mr. Onishi 1S Reading: May 19, 2010 AMENDED TO DRAFT 4 & 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. ;and From Council Vice Chair Emily I. Naeole- Beason, dated Mav 20, 2010, transmitting a proposed amendment to Bill 212, Draft 3. Adds the following project and appropriation: Department of Parks and Recreation — Pahoa Senior Center ($550,000), and From Council Vice Chair Emily I. Naeole- Beason, dated Mav 20, 2010, transmitting a proposed amendment to Bill 212, Draft 3. Adds the following project and appropriation: Department of Parks and Recreation — Pahoa Community Aquatic Center Heating System ($30,000); and From Council Vice Chair Emily I. Naeole- Beason, dated Mav 20, 2010, transmitting a proposed amendment to Bill 212, Draft 3. Adds the following project and appropriation: Office of Housing and Community Development — Pahoa Transitional Housing ($3,000,000); and From Council Vice Chair Emily I. Naeole- Beason, dated Mav 24, 2010, transmitting a proposed amendment to Bill 212, Draft 3. Adds the following project and appropriation: Department of Public Works — Kahakai Boulevard Improvements ($3,000,000). Hawai`i County Council -41 Bill 239 (Draft 2): Bill 240: 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). } PASSED 2 AYES: NOES: ABSENT: EXCUSED: PASSED 2 AYES: Page 13 June 7, 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. {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.) NOES: ABSENT: EXCUSED: Re: Comm. 784.2 Intr. by: Mr. Enriques 1S Reading: May 19, 2010 & FINAL READING ON JUNE 8, 2010: Council Members Enriques, Ford, Hoffmann Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. Council Member Greenwell — 1. None. None. Re: Comm. 793 Intr. by: Mr. Onishi 1S Reading: May 19, 2010 & FINAL READING ON JUNE 8, 2010: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda, Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 9. None. None. None. Hawai`i County Council -41 Bill 242: Bill 243: Page 14 June 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 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 1S Reading: May 19, 2010 PASSED 2 & FINAL READING ON JUNE 8, 2010: 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 Key:2 -3- 044:019 2- 3- 049:03, and 2 -3- 037:001. {Wailani Development, LLC, Applicant.) Re: Comm. 798 Intr. bv: Mr. Ikeda 1S Reading: May 19, 2010 PASSED 2 & FINAL READING ON JUNE 8, 2010: AYES: Council Members Enriques, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. NOES: Council Member Ford — 1. ABSENT: None. EXCUSED: None. Hawai`i County Council -41 Bill 251: Bill 252: Bill 254: Page 15 June 7, 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 1S Reading: May 19, 2010 PASSED 2ND & FINAL READING ON JUNE 8, 2010: 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 ($4,895,450; 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 1S Reading: May 19, 2010 PASSED 2 & FINAL READING ON JUNE 8, 2010: 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 -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 1S Reading: May 19, 2010 PASSED 2 & FINAL READING ON JUNE 8, 2010: AYES: Council Members Enriques, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 6. NOES: Council Members Ford, Greenwell, and Hoffmann — 3. ABSENT: None. EXCUSED: None. Hawai`i County Council -41 Bill 255: REPORTS Page 16 June 7, 2010 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. by: Mr. Hoffmann 1S Reading: May 19, 2010 PASSED 2' & FINAL READING ON JUNE 8, 2010: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Onishi, Yagong, and Chair Yoshimoto — 8. NOES: Council Member Naeole- Beason — 1. ABSENT: None. EXCUSED: None. PC -84 Recommends approval of the nominations of Mr. Delan Perry (Council District 5) (Comm. 814): and Mr. David Greenwell (Council District 9) to the Water Board. APPROVED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. PC -85 Recommends approval of the following nominations to the Hamakua Community (Comm. 818): Development Plan (CDP) Steering Committee: Ms. Dorothy Ku`ulei Badua, Mr. Glenn D. Carvalho, Mr. Scott Edward Enright, Ms. Farrah -Marie Kawailani Gomes, Mr. Richard Ha, Mr. Brad R. Kurokawa, Ms. Lorraine M. Mendoza, Mr. Marc W. Miranda, Mr. Myles Y. Miyasato, Mr. Jason D. Moniz, Mr. Craig A. Neff, and Ms. Ka`iulani Pahio; and APPROVED WITH THE EXCEPTIONS OF MR. MIYASATO AND MR. KUSCH (WITHDRAWN BY MAYOR KENOI): AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Comm. 818.1: From Mayor Billy Kenoi, dated May 21, 2010, withdrawing Mr. Matthias W. Kusch's nomination to the Hamakua CDP Steering Committee. Hawaii County Council -41 REFERRALS FOR EXECUTIVE SESSION Page 17 June 7, 2010 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.) Comm. 822.3: Bill 253: ANNOUNCEMENTS RECONSIDERATION OF THE VOTE TAKEN ON BILL 253 (RELATING TO THE HAWAII COUNTY CODE, CHAPTER 2, ARTICLE 9, DEPARTMENT OF PUBLIC WORKS; AND CHAPTER 2, ARTICLE 14, MASS TRANSIT AGENCY) From Council Member Dennis ``Fresh" Onishi, dated May 25, 2010, requesting to reconsider the first reading vote taken (on May 19, 2010) regarding Bill 253 Amends Both Chapter 2, Article 9, Department of Public Works and Chapter 2, Article 14, Mass Transit Agency of the Hawaii 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 .1 Reading: May 19, 2010 this matter was filed due to a vote of - 9 - nee} THIS MATTER WAS CANCELED (Note: Pursuant to Hawaii Revised Statutes, Section 92, notice is hereby given that if the motion to reconsider Bill 253 is approved, a re -vote will be taken on Bill 253 at this meeting. If reconsideration of Bill 253 is approved, there will be a pending motion on the floor by Mr. Enriques and duly seconded by Ms. Naeole- Beason to approve Bill 253.) Hawai`i County Council -41 ADJOURNMENT 2:35 p.m. on June 8, 2010 Page 18 June 7, 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 June 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. 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. Viewing of Meetings on Government Access Television - Channel 52: Wednesdays, June 16 and 23, 2010, at 6 p.m.; Fridays, June 18 and 25, 2010, at 12 p.m.; and Sundays, June 20 and 27, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS 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 WEDNESDAY, JULY 7, 2010 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA THURSDAY, JULY 8, 2010 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA