HomeMy WebLinkAboutAGE COUNCIL 12/15/2010 2010-2012 ACTIONSDOMINIC YAGONG
Chairperson and Presiding Officer
PETE HOFFMANN
Vice Chair
2 nd Session
COUNTY COUNCIL
County of Hawai `i
Hawai `i County Building
25 Aupuni Street
Hilo, Hawai `i 96720
ORDER OF BUSINESS
Hawaii County Council
Sheraton Keauhou Bay Resort and Spa
78 -128 Ehukai Street
Kailua -Kona, Hawaii
INVOCATION
CALL TO ORDER
PLEDGE OF ALLEGIANCE
Wednesday, December 15, 2010
9:00 a.m.
Reverend Tullos Jones of Kona Baptist Church
9:03 a.m.
FRED BLAS
BRENDA FORD
DONALD IKEDA
DENNIS "FRESH" ONISHI
K. ANGEL PILAGO
BRITTANY SMART
J YOSHIMOTO
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawai `i County is an Equal Opportunity Provider and Employer.
Hawaii County Council -2 Page 2 December 15, 2010
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
(NOTE: COUNCIL WILL TAKE A L UNCH BREAK CLOSE TO THE NOON HOUR)
APPROVAL OF MINUTES
COMMUNICATIONS
Comm. 9: REQUESTS AN INCREASE OF $50,000 (BY EXTERNAL AUDITOR ACCUITY
LLP) TO CONTRACT NO. 002904 RELATING TO THE COUNTY'S FEDERAL
FINANCIAL ASSISTANCE PROGRAMS FOR FISCAL YEAR END
JUNE 30, 2010
From Legislative Auditor Colleen Schrandt, dated December 6, 2010, stating that in
order to receive Federal funds, the County is required to undergo a single audit. The
original contract fee proposal from Accuity LLP is based upon three programs for
the fiscal year that ended June 30, 2010, with any additional programs to be billed at
$10,000 per program. This request is for five additional programs for a total of
$50,000.
Waived: FC
Comm. 11: NOMINATIONS OF MR. BRUCE LIM (COUNCIL DISTRICT 4) AND
DR. MICHELLE ZALENSKI (COUNCIL DISTRICT 5) TO THE
ENVIRONMENTAL MANAGEMENT COMMISSION
From Mayor Billy Kenoi, dated November 23, 2010, requesting the Council's
review and favorable recommendation on the above nominations.
Waived: EMC
Hawaii County Council -2 Page 3 December 15, 2010
ORDER OF RESOLUTIONS
Res. 14 -10: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR SUBSCRIPTION
AGREEMENT WITH WESTLAW NEXT
The current subscriber agreement expires on December 31, 2010, and the Office of
the Prosecuting Attorney wishes to extend this deadline for an online legal research
service agreement.
Re: Comm. 12
Intr. by: Ms. Ford
Waived: FC
;and
Comm. 12.1: From Finance Director Nancy E. Crawford, dated December 7, 2010, stating that
the multi -year subscription rate would provide an annual cost savings of $600 per
year over one -year subscription rates, and the term of the multi -year subscription
would not exceed three years.
Res. 15 -10: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE (FIVE
YEARS) FOR THREE COPIERS FOR THE OFFICE OF THE PROSECUTING
ATTORNEY
The current copiers purchased in 2005 are not suitable for extended lease beyond
the expiration date of December 31, 2010. (Two copiers will be located at their
Hilo office and the other copier at their Waimea office.)
Re: Comm. 13
Intr. by: Ms. Ford
Waived: FC
Hawaii County Council -2 Page 4 December 15, 2010
Res. 257 -09: ESTABLISHES A SHORELINE PARK SYSTEM
(2008 -2010) Resolves that the County Council begin the process of envisioning a shoreline park
from Kailua through Kawaihae, extending northbound, to include existing and
developed trail systems.
Re: Comm. 580
Intr. by: Mr. Greenwell
Negative: PC -104
BILLS FOR ORDINANCES (FIRST READING)
Bill 1: AMENDS CHAPTER 2, ARTICLE 4, OF THE HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED), BY ADDING A NEW SECTION RELATING
TO CHANGE ORDERS AND CONTRACT SUPPLEMENTS
Requires the Finance Director to notify the Council of all change orders and
contract supplements executed by the County no later than 30 days after the
authorization of the change order or contract supplement. Notification shall be
provided by submitting a report to be placed on the Finance Committee agenda.
Re: Comm. 7
Intr. by: Mr. Yagong
Waived: FC
Comm. 7.1:
; and
From Chairperson Dominic Yagong, dated December 8, 2010, transmitting exhibits
relating to: Reports of change orders from the Legislative Auditor's Audit on the
Public Works Department (completed in June 2008), and the recommended format
for the report that is required pursuant to the provisions of Bill 1.
Hawaii County Council -2 Page 5 December 15, 2010
Bill 306: AMENDS CHAPTER 25, HAWAII COUNTY CODE 1983 (2005 EDITION, AS
(2008 -2010) AMENDED) RELATING TO FILING FEE FOR A USE PERMIT APPLICATION
Increases the filing fee of a Use Permit application from $250 to $500 (to make it
consistent with the filing fees for other Planning Commission applications which
became effective in April 2010).
Re: Comm. 964
Intr. by: Mr. Ikeda
Approved: PC -105
Bill 316: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005
(2008 -2010) EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC
Amends Article 10, Division 2, Section 24 -264, Schedule 12 (Stop intersections),
Subsection (b) North Hilo, by adding: "Ochiro Camp Road, approach to Papa`aloa
Road "; and "Spencer Road, approach to Manowai`6pae Homestead Road."
Re: Comm. 991
Intr. by: Mr. Enriques
Approved: PWIRC -99
Hawaii County Council -2 Page 6 December 15, 2010
Bill 317: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005
(2008 -2010) EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC
Amends Article 8, Division 1, Section 24 -190, Item (3), by adding: "Except for on
departures to crosswalks on one -way streets, within" thirty feet of a crosswalk or
within a distance up to seventy -five feet of a crosswalk when appropriate signs or
markings are installed.
Re: Comm. 992
Bill 318: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005
(2008 -2010) EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC
Amends Article 10, Division 2, Section 24 -264, Schedule 12 (Stop intersections),
Subsection (g) Puna, by adding: "Momona Road, approach to Huina Road."
Re: Comm. 993
Intr. by: Mr. Enriques
Approved: PWIRC -101
Intr. by: Mr. Enriques
Hawaii County Council -2 Page 7 December 15, 2010
Bill 326
(Draft 2):
(2008 -2010)
AMENDS CHAPTER 29, HAWAII COUNTY CODE 1983 (2005 EDITION),
RELATING TO WATER USE AND DEVELOPMENT
This measure proposes to amend sections of Chapter 29 which are reiterations and
summaries of those provisions already contained in the State Water Code (Hawai`i
Revised Statutes Chapter 174C), to adopt the updated Hawaii County Water Use
and Development Plan, and amends the provisions regarding the future updating of
the Hawaii County Water Use and Development Plan.
Re: Comm. 4
Intr. by: Mr. Ikeda
Approved: PC -103
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 54 AMENDS SECTION 25 -8 -3 (NORTH KONA ZONE MAP), ARTICLE 8,
(Draft 5): CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005
(2008 -2010) EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
LIMITED INDUSTRIAL — 1 ACRE (ML -IA) TO INDUSTRIAL- COMMERCIAL
MIXED — 1 ACRE (MCX -IA) AT KALOKO, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY: 7 -3- 051:065
William and Dixie Minson, Applicants; approx. 59,669 square feet.
Re: Comm. 3
Intr. by: Mr. Ikeda
Deferred: July 22, 2009
Postponed: August 5 and 19, and October 21, 2009
First Reading: November 17, 2010
; and
Comm. 3.1: From Applicants William and Dixie Minson, submitting for information a copy of
the Department of Public Works Grading Permit (Permit No. 092067).
Hawaii County Council -2 Page 8 December 15, 2010
REPORTS
Financial Reports: Monthly Budget Status Report for the Month Ended June 30, 2010 from the
Department of Finance.
REFERRALS FOR EXECUTIVE SESSION
Comm. 10: REQUESTS DISCUSSION WITH CORPORATION COUNSEL REGARDING
ATTORNEY- CLIENT PRIVILEGE
From Council Member Brenda J. Ford, dated December 7, 2010, requesting a
discussion between the Council and Corporation Counsel regarding attorney - client
privilege (when and how it may be broken, how to correspond with Corporation
Counsel, as well as any other concerns on this issue).
The Council anticipates convening an executive meeting regarding the above matters, 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 11:55 a.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.
Hawaii County Council -2 Page 9 December 15, 2010
The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this
meeting should call 961 -8255 by December 13, 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 Hawaii Revised Statutes (hereinafter "HRS ") §92 -3.5, the Hawaii
County Council will be conducting this meeting via videoconference. Council Members will be present at the
following location(s):
Sheraton Keauhou Bay Resort and 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 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, December 22n and 29 at 6 p.m.; Fridays, December 24 and 31S at 12 p.m.; and Sundays,
December 26 and January 2n at 9 a.m. (These airtimes are subject to preemption by broadcasts from the State
Legislature.)
UPCOMING MEETINGS
TUESDAY, JANUARY 4, 2011
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, JANUARY 5, 2011
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA
THURSDAY, JANUARY 20, 2011
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupum Street