HomeMy WebLinkAboutAGE COUNCIL 07/08/2010 2008-2010 ACTIONSJ YOSHIMOTO
Chan. & Preszchng Officer
EMILY I. NAEOLE - BEASON
Tice Chazr
43r 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
GUY ENRIQUES
BRENDA FORD
KELLY GREENWELL
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
DOMINIC YAGONG
Thursday, July 8, 2010
9 a.m.
INVOCATION Senior Pastor James ``Tex" Texeira of Solid Rock Ministries — Kona
CALL TO ORDER 9:03 a.m.
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.
Hawai`i County Council -43
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:
Page 2 July 8, 2010
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 and 19, 2010
(Note: There is a pending motion by Ms. Ford and duly seconded by
Mr. Yagong to file Communication 808.)
FILED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
;and
Comm. 808.1: 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
Comm. 808.2: 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
Comm. 808.3: From County Clerk Ken Goodenow, dated May 5, 2010, transmitting his power
point presentation regarding Communication 808.
Hawai`i County Council -43
Comm. 857:
ORDER OF RESOLUTIONS
Res. 349 -10:
Page 3 July 8, 2010
NOMINATION OF MR. THOMAS HICKCOX TO THE LEEWARD PLANNING
COMMISSION
From Mayor Billy Kenoi, dated June 17, 2010, requesting the Council's favorable
confirmation of the above nomination.
Waived: PC
APPROVED:
AYES: Council Members Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Enriques — 1.
EXCUSED: None.
Comm. 858: NOMINATION OF MR. KENNETH ONO (COUNCIL DISTRICT 7) TO THE
POLICE COMMISSION
From Mayor Billy Kenoi, dated June 17, 2010, requesting the Council's favorable
confirmation of the above nomination.
Waived: PSPRC
APPROVED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
9:45 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
Authorizes the Abandonment and Exchange of Road Remnant "A" (approx.
0.218 acre) for Lot 3B -5 (approx. 0.374 acre), Situate at Ahualoa Homesteads,
District of Hamakua, Island and County of Hawai`i, State of Hawai`i. {Authorizes
the disposal by exchange of Remnant "A" to Josephine Andrade and the acceptance
of Lot 3B -5 from Josephine Andrade (the exchange of real property involves the
current alignment of the Mamalahoa Highway in Ahualoa).}
Re: Comm. 836
Intr. by: Mr. Enriques
Approve: PWIRC -77
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 -43
Res. 350 -10:
Res. 351-10:
Page 4 July 8, 2010
Accepts the Acquisition of Properties and Easements from Various Landowners for
the Rights -of -Way for the Ane Keohokalole Highway (Mid -Level Road). {The
following landowners, who adjoin the Mid -Level Road project, wish to participate
with the County of Hawai`i by providing the land for the roadway: FHT Kamakana,
LLC; Lanihau Properties, LLC; McClean Honokohau Properties; Queen
Lili`uokalani Trust; State Department of Hawaiian Home Lands; and State
Department of Land and Natural Resources.)
Re: Comm. 837
Intr. by: Mr. Enriques
Approve: PWIRC -78
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Authorizes and Ratifies the Amendment of the Grant of Non - Exclusive Easement
for Limited Public Access Over Private Roadways for Temporary Mamalahoa
Bypass Through Hokuli`a Phase I and Haleki`i Street, in the Districts of North and
South Kona, Island, County and State of Hawai`i. {Allows for two -way traffic
through the Mamalahoa Highway Bypass and Haleki`i Street between the hours of
6:30 a.m. and 6:30 p.m. daily through September 4, 2013.}
Re: Comm. 838
Intr. by: Mr. Enriques
Approve: PWIRC -79
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 -43
Res. 353 -10:
Res. 356 -10:
Page 5 July 8, 2010
Authorizes the Pavment of Funds of a Later Fiscal Year and More Than One Fiscal
Year for a Multi -Year Lease of Office Space for a Satellite Vehicle Registration and
Licensing (VRL) Service Center and Office Space for the Office of the Prosecuting
Attorney in Waimea, Hawai`i. {The lease will be for approx. 2,400 square feet of
office space located at 64 -1067 Mamalahoa Highway, Waimea, where both the
Waimea Prosecutor's and Council Offices currently lease existing office space. The
multi -year lease with Starr Equities, Inc., will be for a term of four years and
11 months with an option to extend the lease for an additional four- years -and-
11 -month term.)
Re: Comm. 842
Intr. bv: Mr. Onishi
Approve: FC -168
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 Extension of the Public Sewer from Puohulihuli Street /Ane
Keohokalole Highway Intersection to Future Manawale`a Street /Ane Keohokalole
Highway Intersection for Forest City Hawai`i Kona, LLC. {This sewer extension
would provide service for the planned Hawai`i Housing Finance and Development
Corporation Kamakana Project, allowing wastewater generated from this project to
be treated at the County's Kealakehe Wastewater Treatment Plant. The sewer
extension would initially serve parcel 7 -4- 021:20; and in the future, it would serve
the following adjacent parcels: 7 -4- 021:001 002, 003 021, and 023.}
Re: Comm. 848
Intr. bv: Mr. Greenwell
Approve: EMC -13
ADOPTED:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Yagong, and Chair Yoshimoto — 8.
NOES: None.
ABSENT: Council Member Onishi — 1
EXCUSED: None.
Hawai`i County Council -43
Res. 358 -10:
Res. 359 -10:
Res. 360 -10:
Page 6 July 8, 2010
Authorizes the Acceptance of a Monetary Donation of $1,000 to the Hawai`i Fire
Department. {Donated by State Farm Insurance Companies, funds would be used
towards training, supplies, and other needed items to benefit the Department's Fire
Prevention Division and its arson canine team.)
Re: Comm. 851
Intr. bv: 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 Acceptance of a Donation of a Vehicle for the Hawai`i Fire
Department. { Donated by the Daniel R. Sayre Memorial Foundation, this vehicle, a
1981 Chevrolet Blazer K -5 valued at $1,17, would facilitate the delivery of safety_
services, preventive actions, and basic emergency life support by Water Safety
Officers.)
Re: Comm. 852
Intr. bv: 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 Office of the Mayor to Enter Into an Agreement with the State of
Hawai`i Department of the Attorney General, Pursuant to HRS 46 -7, for the
Domestic Violence Prosecution Grant Program. {Funds would be used towards one
deputy prosecuting attorney position for the vertical prosecution of misdemeanor
domestic violence and protective order crimes on Hawai`i Island where the victim is
an adult woman.)
Re: Comm. 853
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.
Hawai`i County Council -43
Res. 361 -10:
Res. 362 -10:
Authorizes the County of Hawai`i to Enter Into a Multi -Year Lease of Real Property
for Public Parking and Park Improvements in Holualoa 1S North Kona, Hawai`i,
Tax Map Keys:(3)7- 6- 01:012 and 013. {Lease would be for eight years with
subsequent year -to -year options with Ms. Karen A. Kobayashi, Trustee, for the use
of parcels as a public parking lot and park improvement areas along Ali`i Drive
across from Banyan's Beach in Kailua -Kona, at a cost per parcel of $500 per month,
for a total cost of $6,000 per year, including an exception of the parcels' real
property taxes.)
AMENDED
AYES:
NOES:
ABSENT:
EXCUSED:
Authorizes the Payment of Funds in Future Fiscal Years on a Multi -Year Contract
for an Independent Auditor(s) to Perform the Annual Audit of the Accounts and
Other Evidences of Financial Transactions of the County_ and of Every Countv
Agency and Executive Agency. {Authorizes the award of a four -year contract for
an independent auditor to perform required annual audit services covering the fiscal
years ending June 30, 2010, through June 30, 2013.}
ADOPTED:
AYES:
NOES:
ABSENT:
EXCUSED:
Re: Comm. 855
Intr. by: Mr. Onishi
Waived: FC
TO DRAFT 2 & ADOPTED:
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9.
None.
None.
None.
Re:
Intr. by:
Waived:
Page 7 July 8, 2010
Comm. 856
Mr. Onishi
FC
Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda,
Naeole - Beason, Onishi, and Chair Yoshimoto — 8.
Council Member Yagong — 1.
None.
None.
10:45 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 -43
BILLS FOR ORDINANCES (FIRST READING)
Bill 260:
Bill 261:
Bill 264:
Page 8 July 8, 2010
Further Amends Ordinance No. 08 -64, as Amended by Ordinance No. 09 -13,
Ordinance No. 09 -102, and Ordinance No. 10 -15, Relating to Extending Public Use
of the Haleki`i Street Extension. {The amendment relates to Section 3, which
amends the sunset date of September 4, 2010, to the opening of the Haleki`i Street
Extension for public use and provides that the roadways will still be available for
emergency use only during the hours in which the Mamalahoa
Bypass/Haleki`i Street Extension are closed for public use.)
Re: Comm. 838
Intr. by: Mr. Enriques
Approve: PWIRC -80
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 Chapter 24, of the Hawai`i County Code 1983 (205 Edition, as Amended),
Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2,
Section 24 -264, Schedule 12 (Stop Intersections), subsection (f), Kona, by adding
"Napo`opo`o Road/Middle Ke`ei Road intersection, all approaches. "}
Re: Comm. 839
Intr. by: Mr. Enriques
Approve: PWIRC -81
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. 10 -59, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2011. {Appropriates revenues in
Federal Grants — Domestic Violence Prosecution — American Reinvestment and
Recovery Act (ARRA) ($81,680); appropriates same to Domestic Violence
Prosecution — ARRA.)
Re: Comm. 853
Intr. by: 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 -43
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)
REPORTS
PWIRC -82 NOMINATION OF MR. DUANE HOSAKA (COUNCIL DISTRICT 2) TO THE
(Comm. 769): TRANSPORTATION COMMISSION
From Mayor Billy Kenoi, dated March 25, 2010, requesting the Council's favorable
recommendation of the above nomination.
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. 601.1:
The Council anticipates convening an executive meeting regarding the above 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
Page 9 July 8, 2010
DISCUSSION AND AUTHORIZATION FOR EXTENSION OF SPECIAL
COUNSEL CONTRACT FOR WORKER'S COMPENSATION CASES
From Corporation Counsel Lincoln S. T. Ashida, dated June 17, 2010. States that
they expect to present to the Council information concerning the cost savings to the
County through the hiring of special counsel (this information will necessarily
contain details of specific cases not appropriate for public dissemination).
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole- Beason, and Chair Yoshimoto — 7.
NOES: None.
ABSENT: Council Members Onishi and Yagong — 2.
EXCUSED: None.
Hawai`i County Council -43
ADJOURNMENT 2:14 p.m.
Page 10 July 8, 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 July 6, 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):
• Sheraton Keauhou Bay Resort & Spa, 78 -128 Ehukai Street, Kona; and
• County Council Room, 25 Aupuni Street, Hilo.
Public Attendance Via Videoconference is available at the locations(s) above 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.us. Please submit separate
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesdays, July 14 and 21, 2010, at 6 p.m.; Fridays, July 16 and 23, 2010, at 12 p.m.; and Sundays, July 18 and
25, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature.
UPCOMING MEETINGS
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
MONDAY, AUGUST 2, 2010
COMMITTEES TBA COUNCIL ROOM - HILO
25 Aupuni Street
TUESDAY, AUGUST 3, 2010
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupuni Street