HomeMy WebLinkAboutAGE COUNCIL 06/23/2010 2008-2010 J YOSHIMOTO "'.. '. GUY ENRIQUES
�� �Ic1' BRENDA FORD
('burr & Presiding Officer 4i
KELLY GREENWELL
EMILY 1. NAEOLE-BEASON • -- - * PETE HOFFMANN
1 we Chair r °O ^ DONALD IKEDA
� ° .`. "�� DENNIS "FRESH" ONISHI
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawai`i
Hawaii County Building
25 Aupuni Street
Hilo, Hawai `i 96720
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42 " Session
ORDER OF BUSINESS -,
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i
Wednesday, June 23, 2010
9 a.m.
INVOCATION Reverend Daniel Kikawa of Hilo Missionary Church
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
(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.
Hawaii County Council -42 Page 2 June 23, 2010
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 December 2, 2009
COMMUNICATIONS
Comm. 809.3: RESIGNATION OF COUNCIL MEMBER PETE HOFFMANN FROM THE
ENERGY AD -HOC COMMITTEE
From Council Member Pete Hoffmann, dated May 24, 2010, submitting his
resignation as a Member of the Energy Ad -Hoc Committee.
(Note: The Ad -Hoc Committee was formed at the Council's May 5, 2010 meeting
resulting from discussion regarding Bill 250 relating to the International Energy
Conservation Code. Mr. Hoffmann served as Chair.)
Comm. 826: NOMINATIONS OF MR. KENNETH ARMOUR (COUNCIL DISTRICT 1) AND
MS. M. EILEEN O'HARA (COUNCIL DISTRICT 5) TO THE COST OF
GOVERNMENT COMMISSION
From Mayor Billy Kenoi, dated May 11, 2010, requesting the Council's favorable
recommendation of the above nominations.
Waived: FC
Comm. 827: NOMINATION OF MR. CALEB CHURCHILL TO THE VETERANS
ADVISORY COMMISSION
From Mayor Billy Kenoi, dated May 18, 2010, requesting the Council's favorable
recommendation of the above nomination.
Waived: FC
and
Comm. 827.1: From Public Safety and Parks and Recreation Committee Chair Dominic Yagong,
dated June 10, 2010, requesting that the above matter be waived to the Council for
immediate action.
Comm. 849: APPLICATION FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG) PROGRAM FUNDS
From Prosecuting Attorney Jay T. Kimura, dated June 10, 2010, submitting the
above application for the Council's information. JAG funds are made available to
local jurisdictions to support criminal justice efforts. Mr. Kimura's office are
applying for $123,121 for prosecution and law enforcement programs.
Waived: FC
Hawaii County Council -42 Page 3 June 23, 2010
9:45 A.M.: STATEMENTS FROM THE PUBLIC ON RESOLUTIONS
ORDER OF RESOLUTIONS
Res. 340 -10: Supports the Organization "Law Enforcement Against Prohibition" (LEAP) in its
Effort to Address the Illicit Use of Harmful Drugs in the United States of America.
{LEAP is comprised of current and former members of the law enforcement and
criminal justice communities who have joined together to end the "War on Drugs ".
They share a common perspective based on experience that the current drug policy
in the United States is failing.)
Re: Comm. 819
Intr. by: Mr. Greenwell
Negative: PSPRC -30 (due to 2 -ayes, 4 -noes, & 3- absent &
excused)
Res. 342 -10: Authorizes the Acceptance of a Monetary Donation of $5,000 to the Department of
Parks and Recreation. {Donated by Mrs. Rose -Marie Lewent, the funds will be
used to support work at the Pana`ewa Rainforest Zoo and Garden.)
Re: Comm. 828
Intr. by: Mr. Onishi
Waived: FC
Res. 347 -10: Authorizes the Corporation Counsel, and His Authorized Representatives, to Enter
Into an Agreement with the Individually Named Party, an Employee of the County
of Hawaii, to Represent Him in the Civil Action Entitled Joseph Rivera v. State of
Hawai `i Department of Transportation, et al., Civil No. 10 -1- 0482 -03 GWBC.
Re: Comm. 789.1
Intr. by: Mr. Onishi
Waived: FC
Res. 355 -10: Authorizes the Acceptance of a Donation of Sixteen Coqui Frog Sprayers and Nine
Trailers from the United States Department of Agriculture Wildlife Services (USDA
WS), and to Enter Into a Release, Hold Harmless and Indemnity Agreement for any
Liability Resulting from the Transfer of Ownership and Control of these Coqui Frog
Sprayers and Trailers, as a Condition of the Donation to the County of Hawaii.
{The sprayers were part of the USDA WS community loan sprayer program which
was discontinued in April 2009 due to lack of funding, and are being transferred to
the County, which will continue the loan sprayer program.)
Re: Comm. 847
Intr. by: Mr. Onishi
Waived: FC
Hawaii County Council -42 Page 4 June 23, 2010
Res. 357 -10: APPROVES THE COST ADJUSTMENTS AND BEENFITS FOR EXCLUDED
EMPLOYEES OF THE LEGISLATIVE BRANCH OF THE COUNTY OF
From Council Member Dennis "Fresh" Onishi, dated June 15, 2010, stating that the
proposal would implement 24 furlough days to occur between July 1, 2010 and June
30, 2011. (Pertains only to those officers and employees of the Legislative Branch
who are appointed or excluded from Bargaining Units 02, 03, 04, 09, and 13.)
Re: Comm. 850
Intr. by: Mr. Onishi
Waived: FC
10:45 A.M.: STATEMENTS FROM THE PUBLIC BILLS FOR ORDINANCES (FIRST READING)
(NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.)
BILLS FOR ORDINANCES (FIRST READING)
Bill 263: INITIATES A CHARTER AMENDMENT TO ARTICLE X OF THE HAWAII
COUNTY CHARTER (2000), ESTABLISHING A PUBLIC ACCESS, OPEN
SPACE, AND NATURAL RESOURCES PRESERVATION FUND
From Council Member Pete Hoffmann, dated June 8, 2010, stating that this proposal
includes a provision to place two percent of the certified real property tax revenues
collected each fiscal year in a conservative interest - bearing account, which would
be available to acquire property pursuant to Article 42 of the Hawaii County Code.
Re: Comm. 846
Intr. by: Mr. Hoffmann
Waived: FC
2/3 Vote: First of three required readings,
Section 15 -1(a), Hawai`i County Charter
;and
Comm. 846.1: From Finance Committee Chair Dennis "Fresh" Onishi, dated June 10, 2010,
requesting that the above matter be waived to the Council for immediate action.
1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 241: Amends Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Single - Family Residential — 15,000 Square Feet (RS -15) to
Single - Family Residential — 10,000 Square Feet (RS -10) at Waiakea, South Hilo,
Hawaii, Covered by Tax Map Key:2 -4- 021:031 (approx. 20,393 square feet).
{Don C. Watson and Donna D. Watson, Applicants.}
Re: Comm. 797
Intr. by: Mr. Ikeda
1s Reading: May 19, 2010
Hawaii County Council -42 Page 5 June 23, 2010
Bill 256: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants — Tsunami Observer Program ($20,000); appropriates same to
Tsunami Observer Program.)
Re: Comm. 829
Intr. by: Mr. Onishi
1s Reading: June 8, 2010
Bill 257: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Increases revenues in the
following: Federal 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. by: Mr. Onishi
1s Reading: June 8, 2010
Bill 258: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants — Assistance to Firefighters Grant 2009 ($303,738); appropriates
same to Assistance to Firefighters Grant 2009.)
Re: Comm. 832
Intr. by: Mr. Onishi
1s Reading: June 8, 2010
REPORTS
FINANCIAL Monthly Budget Status Reports for the Months Ended March 31 and April 30, 2010,
REPORTS: from the Department of Finance.
REFERRALS FOR EXECUTIVE SESSION
Comm. 834: CLAIM AGAINST THE COUNTY /EDWARD GEER
From Deputy Corporation Counsel Brooks L. Bancroft, dated June 4, 2010.
Comm. 843: CLAIM AGAINST THE COUNTY /STATE FARM RE MICHELLE HINDS
From Deputy Corporation Counsel Brooks L. Bancroft, dated June 9, 2010.
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.)
Hawaii County Council -42 Page 6 June 23, 2010
ANNOUNCEMENTS
ADJOURNMENT
Note: B /R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to
introduce legislation `By Request" on behalf of the requesting party. It does not necessarily signify support of or
opposition to the proposal.
The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this
meeting should call 961 -8255 by June 21, 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.
Public Attendance via Videoconference is available at the following locations until 4:30 p.m., or later in the event
public witness testimony has not been completed:
Kona Council Office, Kailua Trade Center, 75 -5706 Hanama Place, Suite 109, Kailua -Kona; and
Waimea Council Office at the Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5.
If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the
scheduled meeting will continue.
Submitting Testimony Those submitting written testimony at the meeting should bring fourteen (14) copies for
distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the
meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupum Street, Hilo, Hawaii, 96720; (2) by
facsimile to (808) 961 -8912; or (3) by e -mail to counciltestimon v a,co.hawaii.hi.us Please submit separate
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52
Wednesdays, June 30 and July 7, 2010, at 6 p.m.; Fridays, July 2 and 9, 2010, at 12 p.m.; and Sundays, July 4 and
11, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature.
UPCOMING MEETINGS
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
TUESDAY, JULY 20, 2010
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, JULY 21, 2010
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA