HomeMy WebLinkAboutAGE COUNCIL 2008/04/09 2006-2008 ACTIONS
PETE HOFFMANN BRENDA FORD
Chair & Presiding Officer STACY K. HIGA
DONALD IKEDA
K. ANGEL PILAGO BOB JACOBSON
Vice Chair EMILY I. NAEOLE
DOMINIC YAGONG
J YOSHIMOTO
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
rd
33 Session
ORDER OF BUSINESS
Hawai‘i County Council
333 Kīlauea Avenue
(Ben Franklin Building)
Second Floor, Council Room
Hilo, Hawai‘i
Wednesday, April 9, 2008
8:00 a.m.
INVOCATION Reverend Bob Thompson of Puna Congregational Christian Church
CALL TO ORDER
8:00 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES February 21, 2008 – APPROVED
(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-33 Page 2 April 9, 2008
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
8:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS
COMMUNICATIONS
Comm. 1134: REQUEST TO DISCUSS SETTING A PUBLIC HEARING TO DECREASE
CERTAIN REAL PROPERTY TAX RATES PURSUANT TO HAWAI‘I
COUNTY CODE SECTION 19-90
From Council Member Dominic Yagong, dated April 2, 2008, proposing a decrease
in the following rates: Improved Residential Taxable Building (ranging between
$8.10 to $5.10) and Agricultural or Native Forests Taxable Building (ranging
between $8.35 to $5.35).
Waived: FC
FILED (Public Hearing to be held on April 25, 2008)
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Comm. 589.14: UPDATE OF THE ACTIVITIES OF THE LEGISLATIVE LIAISON
From Council Chair Pete Hoffmann, dated March 28, 2008, requesting this matter
be agendized in order for the Ad Hoc Task Force (and Mr. Ralph Boyea, if
available) to apprise the Council on the activities of the legislative liaison.
FILED
Comm. 1082: NOMINATION OF MR. STEVEN G. PAVAO (COUNCIL DISTRICT 2) TO THE
ENVIRONMENTAL MANAGEMENT COMMISSION
From Mayor Harry Kim, dated March 4, 2008, requesting approval of the above
nomination.
APPROVED THE NOMINATION OF STEVEN G. PAVAO
AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong,
and Chair Hoffmann – 7.
NOES: Council Member Ford – 1.
ABSENT: None.
EXCUSED: Council Member Yoshimoto – 1.
8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
Hawai‘i County Council-33 Page 3 April 9, 2008
ORDER OF RESOLUTIONS
Res. 550-08: Encourages the Cost-Effective Installation of Solar Water Heating Systems and
Photovoltaic Energy Systems on County Buildings. {Calls upon the Mayor to
assign qualified administrative personnel to help determine the funding
requirements to implement and oversee such installation on County facilities in
order to meet the County’s energy goals and to report the funding requirements for
installation of the solar systems to the Council prior to the submission of the
operating budget on March 1, 2009.}; and FESC-2.
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Naeole, Pilago, Yagong, and
Chair Hoffmann – 7.
NOES: None.
ABSENT: Council Members Jacobson and Yoshimoto – 2.
EXCUSED: None.
Res. 553-08: Requests that the County of Hawai‘i Complete Construction of the Māmalahoa
Bypass Highway Over the Richards/Coupe Property. {Encourages construction of
the Māmalahoa Bypass Highway and not wait for the appeal process to run its
course (Civil Nos. 00-1-0181K and 05-1-015K, County of Hawai‘i v. Robert Nigel
Richards, et al.), and that the Administration consider undertaking the construction
of the Richards/Coupe section of the Māmalahoa Bypass Highway and seek
reimbursement from Oceanside 1250 for the construction costs.}; and FJC-6.
ADOPTED:
AYES: Council Members Higa, Ikeda, Naeole, Pilago, Yoshimoto, and
Chair Hoffmann – 6.
NOES: Council Members Ford and Jacobson – 2.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Res. 562-08: Creates a Construction Equipment Mechanic Position and Abolishes a Lubrication
Worker Position Within the Department of Public Works’ Automotive Division.
{The new position is needed in the Kohala District to take care of the increase in
construction equipment to service in that area, and the abolished position can only
perform lubrication work and is no longer needed.}; and FC-261.
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Hawai‘i County Council-33 Page 4 April 9, 2008
Res. 563-08: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for a Multi-Year Lease (5 years) of a Copier for the Department of
Parks & Recreation. {The Parks and Recreation Department’s Coordinated
Services for the Elderly’s current copier is no longer repairable.}; and FC-262.
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Res. 564-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawai‘i Department of Transportation, Pursuant to HRS 46-7, for a Data Grant for
the Hawai‘i County Police Department. {Funds would be used to establish a
statewide traffic data system and to ensure compliance with national standards.};
and FC-264.
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Res. 574-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Research and Development
th
Agriculture Research and Development Other Current Expense (12 Annual Taste
of Puna). Contingency Relief funds from District 3 would be used to cosponsor the
th
12 Annual Taste of Puna to be held on June 21, 2008.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 575-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $50,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Public Works Transfer to Highway
Fund (Roads-in-Limbo – Hāmākua). Contingency Relief funds from District 1
would be used to address roads-in-limbo, specifically Loke Street and
Kahawai Road in the Hāmākua District.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Hawai‘i County Council-33 Page 5 April 9, 2008
Res. 576-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $6,900 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Parks and Recreation Elderly
Activities Division Recreation Equipment (Miscellaneous Equipment).
Contingency Relief funds from District 2 would be used towards the purchase of
miscellaneous equipment which will be used at various senior center sites, and for
various East Hawai‘i senior activities and events.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Res. 577-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Research and Development Tourism
Promotion Miscellaneous Contract Services (Mālama Punalu‘u Festival).
Contingency Relief funds from District 6 would be used towards the Mālama
Punalu‘u Festival.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Res. 579-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Office of the Prosecuting Attorney Kona Prosecuting
Attorney Other Current Expense (Big Island Substance Abuse Council (BISAC)-
Adult and Adolescent Outpatient Treatment Services and Therapeutic Living
Program Services). Contingency Relief funds from District 7 would be used for
BISAC’s program, “Adult and Adolescent Outpatient Services and Therapeutic
Living Program Services”.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Hawai‘i County Council-33 Page 6 April 9, 2008
Res. 580-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Office of the Prosecuting Attorney Kona Prosecuting
Attorney Other Current Expense (Big Island Substance Abuse Council (BISAC)-
Baby Substance Abuse Free Environment (S.A.F.E.)). Contingency Relief funds
from District 7 would be used for BISAC’s Baby S.A.F.E. program.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Res. 581-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $500 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Research and Development
Agriculture Research and Development Other Current Expense, Miscellaneous
Contract Services (Taste of Puna-Cook Off). Contingency Relief funds from
District 6 would be used to support the Taste of Puna – Cook Off.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Res. 584-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Research and Development Tourism
Promotion, Miscellaneous Contract Services (2008 Hui Okinawa Haari Boat Race).
Contingency Relief funds from District 2 would be used towards costs related to the
2008 Hui Okinawa Haari Boat Race.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Hawai‘i County Council-33 Page 7 April 9, 2008
Res. 585-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $20,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Office of Housing and Community Development
Transfer to Housing Fund (Office for Social Ministry (OSM)-Hawai‘i Island Mobile
Care Health Project). Contingency Relief funds from District 7 would be used for
the Mobile Care Health Project.}
ADOPTED:
AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 7.
NOES: None.
ABSENT: Council Members Ikeda and Yagong – 2.
EXCUSED: None.
Res. 586-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Office of Housing and Community Development
Transfer to Housing Fund (Office for Social Ministry (OSM)-Hawai‘i Island Mobile
Care Health Project). Contingency Relief funds from District 1 would be used for
the OSM’s Mobile Care Health Project dental care services in the Hāmākua
District.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Res. 587-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Office of Housing and Community Development
Transfer to Housing Fund (Office of Social Ministry (OSM)-Hawai‘i Island Mobile
Care Health Project). Contingency Relief funds from District 9 would be used for
the OSM’s Mobile Care Health Project dental care services.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Hawai‘i County Council-33 Page 8 April 9, 2008
Res. 588-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Research and Development Tourism
Promotion (Waikoloa Dry Forest Recovery Project). Contingency Relief funds
from District 9 would be used towards public outreach programs focused on
community and tourist educational programs on rare flora and environmental
protection.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 589-08: Supports the Various Efforts of the House of Representatives to Present Solutions
for Our State’s Health-Care Crisis. {Lobbies for the passage of State legislation to
help alleviate the healthcare crisis, including but not limited to legislation aimed at
medical tort liability reform.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Res. 590-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $1,600 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Parks and Recreation, Recreation
Division Equipment, Computer Equipment and Software (Yano Hall Computer).
Contingency Relief funds from District 7 would be used towards the purchase of a
computer and printer for Yano Hall.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Hawai‘i County Council-33 Page 9 April 9, 2008
Res. 591-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $36,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Public Works Transfer to Capital
Project Fund-General (West Hawai‘i Traffic Calming Improvements). Contingency
Relief funds from District 7 would be used to construct speed humps to resolve
safety issues on La‘aloa Avenue.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 592-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $150,000 out and from Clerk-Council Services-
Contingency Relief account; credits same to Department of Public Works Transfer
to Capital Project Fund-General (to be allotted to Kino‘ole/Kamana Improvements).
Contingency Relief funds from District 2 would be used towards the
Kino‘ole Street/Kamana Street Improvements project (improvements include, but
are not limited to, streetlights, smart signs, traffic calming devices, traffic control
mechanisms, guardrails, and other necessary and appropriate improvements).}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
10:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 235 Planning Director Initiated: Amends Ordinance No. 96-7 by Amending the Portion
(Draft 2): of Condition M.4 Relating to the Construction of a Barricade or Breakaway Gate to
Prevent the Use of Haleki‘i Street as a Vehicular Thoroughfare Prior to the Opening
of the Entire Māmalahoa Bypass. Ordinance No. 96-7 Reclassified Lands from
rdthst
Unplanned (U) to Agricultural 1-Acre (A-1a) at Honuaino 3 and 4, Hokukano 1
ndstndstndstnd
and 2, Haleki‘i, Keekee 1 and 2, Ilikahi, Kanakau 1 and 2, Kalukalu 1, 2
rdst
and 3, and Onouli 1, North and South Kona, Hawai‘i, Covered by Tax Map
Key:7-9-12:4 & 11; 8-1-4:3, 7, 65 & 68; 8-1-27:16, 20, 21, 27-43; 8-1-28:9, 10,
19-28, 30, 44-47; 8-1-30:1-3, 5-9, 12-53; 8-1-32:1-54; 8-1-33:1-20; 8-1-34:1-25
(formerly 7-9-12: Portion of 3, 4 & 11 and 8-1-4: Portion of 3), and Included a
Condition M.4 Stating that a Barricade or Breakaway Gate Meeting with the
Requirements of the Department of Public Works, Shall be Installed by the
Applicant as Part of the Required Haleki‘i Street Improvements, the Purpose of this
Condition Being to Prevent the Use of Haleki‘i Street as a Vehicular Thoroughfare
Hawai‘i County Council-33 Page 10 April 9, 2008
Between the Existing Māmalahoa Highway and a Portion of the Māmalahoa
Highway Bypass Until the Entire Proposed Māmalahoa Highway Bypass Between
the Approximate Vicinity of Keauhou and Captain Cook has been Completed and
Opened for General Public Use; and FJC-7; and
ST
AMENDED TO DRAFT 3 & PASSED 1 READING:
AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: Council Member Ikeda – 1.
ABSENT: None.
EXCUSED: None.
Comm. 997.7: From Planning Director Christopher J. Yuen, dated March 10, 2008, providing
comment on amendments to Bills 235 and 236 that the Council is considering; and
Comm. 997.10: From Council Member Brenda J. Ford, dated March 24, 2008, transmitting
proposed amendments to Bill 235, Draft 2; and
Comm. 997.12: From Public Works Director Bruce C. McClure, P. E., dated March 28, 2008,
providing comments to major issues that they have concerns about relating to
Bill 235, Draft 2 (and subsequent Bill 236, Draft 2); and
Comm. 997.13: From Mayor Harry Kim, dated March 27, 2008, transmitting proposed amendments
to Bill 235, Draft 2 (attaches a proposed “Draft 3”).
Bill 236 Planning Director Initiated: Amends Ordinance No. 96-8 by Amending the Portion
(Draft 2): of Condition L.4 Relating to the Construction of a Barricade or Breakaway Gate to
Prevent the Use of Haleki‘i Street as a Vehicular Thoroughfare Prior to the Opening
of the Entire Māmalahoa Bypass. Ordinance No. 96-8 Reclassified Lands from
Agricultural 5-Acre (A-5a) and Unplanned (U) to Agricultural 1-Acre (A-1a) at
rdthstndstnd
Honuaino 3 and 4, Hokukano 1 and 2, Kanaueue 1 and 2, Haleki‘i, Keekee
stndstndstndrdst
1 and 2, Ilikahi, Kanakau 1 and 2, Kalukalu 1, 2 and 3, and Onouli 1,
North and South Kona, Hawai‘i, Covered by Tax Map Key:7-9-12:4, 6, 9, 29; 8-1-
4: 3, 56, 59-62, 64, 70; 8-1-26:1-3, 5-9, 11-57; 8-1-27:1-15, 17-26, 33-38, 43; 8-1-
28:1-3, 7-18, 28-38, 40-43; 8-1-29:1, 2, 4, 6-46, 53-59, 62, 63; 8-1-30:1-9, 49, 51
(formerly 7-9-6: Portion of 1, 7-9-12: Portions of 3 and 4 and 8-1-4: Portion of 3),
and Included a Condition L.4 Stating that a Barricade or Breakaway Gate Meeting
with the Requirements of the Department of Public Works, Shall be Installed by the
Applicant as Part of the Required Haleki‘i Street Improvements, the Purpose of this
Condition Being to Prevent the Use of Haleki‘i Street as a Vehicular Thoroughfare
Between the Existing Māmalahoa Highway and a Portion of the Māmalahoa
Highway Bypass Until the Entire Proposed Māmalahoa Highway Bypass Between
the Approximate Vicinity of Keauhou and Captain Cook has been Completed and
Opened for General Public Use; and FJC-8; and
ST
AMENDED TO DRAFT 3 & PASSED 1 READING:
AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: Council Member Ikeda – 1.
ABSENT: None.
EXCUSED: None.
Comm. 997.11: From Council Member Brenda J. Ford, dated March 25, 2008, transmitting
proposed amendments to Bill 236, Draft 2; and
Hawai‘i County Council-33 Page 11 April 9, 2008
Comm. 997.12: From Public Works Director Bruce C. McClure, P. E., dated March 28, 2008,
providing comments to major issues that they have concerns about relating to
Bill 236, Draft 2 (and previous Bill 235, Draft 2); and
Comm. 997.14: From Mayor Harry Kim, dated March 27, 2008, transmitting proposed amendments
to Bill 236, Draft 2 (attaches a proposed “Draft 3”).
Bill 240: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Adds
PUBLIC WORKS: Māmalahoa Bypass Mitigation Measures ($500,000); funds
shall be provided from Fair Share Contributions (Fund Balance – Designated).
Funds would be used to construct traffic calming improvements on Ali‘i Drive and
Haleki‘i Street to mitigate the anticipated increase in vehicle traffic caused by the
opening of the northern portion of the Māmalahoa Bypass.}; and FJC-5.
ST
PASSED 1 READING:
AYES: Council Members Ford, Higa, Ikeda, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Jacobson – 1.
EXCUSED: None.
Bill 248 Amends Chapter 24 of the Hawai‘i County Code 1983 (2005 Edition, as Amended),
(Draft 2): Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2,
Section 24-264, Schedule 12, by adding Ali‘i Drive, Kaleiopapa Street intersection
(Kona) as a “stop” location.}; and FJC-1.
ST
PASSED 1 READING:
AYES: Council Members Ford, Higa, Ikeda, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Jacobson – 1.
EXCUSED: None.
Bill 249: Amends Chapter 24, of the Hawai‘i County Code 1983 (2005 Edition), Relating to
Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24.264,
Schedule 12, by adding Ali‘i Drive, Lunapule Road intersection (Kona) and
Ali‘i Drive, Royal Poinciana Drive intersection (Kona) as “stop” locations.}; and
FJC-2; and
ST
AMENDED TO DRAFT 2 & PASSED 1 READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Comm. 1019.3: From Deputy Corporation Counsel Ivan M. Torigoe, dated February 28, 2008,
transmitting proposed amendments (relating to grammar and Hawaiian diacritical
marks).
Hawai‘i County Council-33 Page 12 April 9, 2008
Bill 250: Amends Chapter 24 of the Hawai‘i County Code 1983 (2005 Edition) Relating to
Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1, Section 24-256,
Schedule 4 and Section 24-255, Schedule 3, by reducing the speed limit from
30 mph to 25 mph from Honalo Junction for 4,100 feet south.}; and FJC-3; and
ST
PASSED 1 READING:
AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: Council Member Ford – 1.
ABSENT: None.
EXCUSED: None.
Comm. 1020.4: From Deputy Corporation Counsel Ivan M. Torigoe, dated February 28, 2008,
transmitting proposed amendments (relating to grammar and Hawaiian diacritical
marks).
Bill 251: Amends Chapter 24, of the Hawai‘i County Code 1983 (2005 Edition), Relating to
Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-267,
Schedule 15, by adding Haleki‘i Street (new portion to be dedicated – 4,000 feet),
restricted to one way southbound traffic from 3:30 p.m. to 6:30 p.m. Monday
through Friday, except holidays.}; and FJC-4; and
ST
AMENDED TO DRAFT 2 & PASSED 1 READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Comm. 1021.4: From Assistant Corporation Counsel Gerald Takase, dated February 28, 2008,
transmitting proposed amendments to Bill 251.
Bill 255: 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 - 15,000 Square Feet (RS-15) to
Single Family Residential - 10,000 Square Feet (RS-10) at Waiakea, South Hilo,
Hawai‘i, Covered by Tax Map Key:2-4-010:031 (approx. 22,200 square feet).
{Arnold H. Hara and Lillian K. Murakami, Applicants.}; and PC-77.
ST
PASSED 1 READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Naeole – 1.
EXCUSED: None.
Hawai‘i County Council-33 Page 13 April 9, 2008
Bill 265: Planning Director Initiated: Amends Chapter 25, Article 2, Division 3,
Section 25-2-35, Hawai‘i County Code, 1983 (2005 Edition) Relating to
Administrative Enforcement. {Provides for assessment of fines for violations of the
Zoning Code during the appeal process.}; and PC-78.
ST
PASSED 1 READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Bill 266 Planning Director Initiated: Amends Chapter 2, Article 7, Hawai‘i County Code
(Draft 2): 1983 (2005 Edition, as Amended), Relating to the Planning Commission’s Review
of a Draft Community Development Plan or Amendments Thereof. {Provides a
time frame for the Planning Commission to review and submit its recommendation
to the Council on a draft community development plan or any amendment thereof.};
and PC-79.
ST
PASSED 1 READING:
AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Ikeda – 1.
EXCUSED: None.
Bill 267: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases
ENVIRONMENTAL MANAGEMENT: Queen Lili‘uokalani Village LCC
Replacement – County \[$900,000\] $1,300,000; fund increase shall be provided from
General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other
Sources ($400,000). Additional funds would be used to install a portion of the
Queen Lili‘uokalani Village onsite sewer collection system along Palani Road.};
and FC-263.
ST
PASSED 1 READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Hawai‘i County Council-33 Page 14 April 9, 2008
Bill 268: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in
Federal Grants – Hawai‘i County Police Department (HCPD) Data Grant ($75,000);
appropriates same to HCPD Data Grant.}; and FC-265.
ST
PASSED 1 READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Bill 277: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2008. {Increases revenues in Transfer
from General Fund ($50,000); appropriates same to North Hilo/Hāmākua – Other
Current Expense (Materials for Loke Street and Kahawai Road in Hāmākua). Funds
would be used to repair and maintain two roads-in-limbo (Loke Street and
Kahawai Road) in the Hāmākua District. Appropriates funds that will be transferred
by Resolution 575-08 (previously listed on this agenda) from the District 1
Contingency Relief funds.}
ST
PASSED 1 READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Bill 278: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Adds
DEPARTMENT OF PUBLIC WORKS: Kino‘ole/Kaumana Intersection
Improvements ($350,000); funds shall be provided from General Obligation Bonds,
Capital Project Fund-Fund Balance, and/or Other Sources. Appropriates funds that
will be transferred by Resolution 592-08 (previously listed on this agenda) from the
District 2 Contingency Relief funds.}
ST
PASSED 1 READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
2:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR
FINAL READING) AND REPORTS
Hawai‘i County Council-33 Page 15 April 9, 2008
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 209 Amends Chapter 2, Article 15, of the Hawai‘i County Code 1983 (2005 Edition, as
(Draft 3): Amended), Relating to the Imposition of Administrative Fines for Violations of the
County Code of Ethics. {Adds a provision giving the Board of Ethics authority to
impose administrative fines up to $1,000 for violations of the County Ethics Code.};
and
AMENDED TO DRAFT 4 & HELD OVER PURSUANT TO COUNCIL
RULE 25(e)
Comm. 870.7: From Council Member Brenda J. Ford, dated March 17, 2008, transmitting
proposed amendments to Bill 209, Draft 3; and
Comm. 870.9: From Council Member Brenda J. Ford, dated March 27, 2008, transmitting a
proposed amendment to Bill 209, Draft 3; and
Comm. 870.11: From Council Member Dominic Yagong, dated April 2, 2008, transmitting a
proposed amendment to Bill 209, Draft 3.
Bill 254 Planning Director Initiated: Amends Chapter 25, Article 2, Division 4,
(Draft 2): Section 25-2-45 of the Hawai‘i County Code 1983 (2005 Edition) with Respect to
Non-Significant Zoning Changes. {The Planning Director recommends that
nonsignificant zoning changes be limited to those that increase or decrease zoning
designations affecting five percent of the area, or one acre, whichever is less, of any
affected lot; and that the Zoning Code be amended to specifically require notice to
surrounding property owners and posting of a sign on the property, as generally
required for other land use changes.}
ND
PASSED 2 & FINAL READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Bill 257 Initiates a Charter Amendment to Article XI of the Hawai‘i County Charter (2000),
(Draft 2): Relating to Initiative and Referendum. {Repeals Article XI in its entirety and
replaces it with new language relating to: adds a new section entitled, “Initiative
and Referendum Process”; adds a new definitions section; amends Sections 11-3,
11-4, 11-7, and 11-8; and makes various other changes.}; and
ND
AMENDED TO DRAFT 3 & PASSED 2 OF THREE REQUIRED READINGS:
AYES: Council Members Ford, Jacobson, Pilago, Yagong, Yoshimoto, and
Chair Hoffmann – 6.
NOES: Council Members Higa, Ikeda, and Naeole – 3.
ABSENT: None.
EXCUSED: None.
Comm. 1056.3: From Council Chair Pete Hoffmann, dated March 10, 2008, transmitting proposed
amendments to Bill 257, Draft 2.
Hawai‘i County Council-33 Page 16 April 9, 2008
Bill 258 Amends Chapter 2, Article 15, of the Hawai‘i County Code 1983 (2005 Edition, as
(Draft 2): Amended), Relating to Campaign Mailing Restrictions. {Adds a provision
prohibiting mass mailings of material designed to support a candidate’s nomination,
at the public expense, by incumbent Council Members in election years.}
ND
PASSED 2 & FINAL READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Bill 259: Amends Chapter 2, Article 15, Section 2-91.1(a), Hawai‘i County Code 1983
(2005 Edition, as Amended), Relating to Filing of Financial Disclosures by
Regulatory Employees. {Requires regulatory employees of the Environmental
Management Department to file financial disclosures.}
ND
PASSED 2 & FINAL READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Bill 260: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in State
Grants – Homeownership Program ($50,000); appropriates same to Homeownership
Program.}
ND
PASSED 2 & FINAL READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Bill 261: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in
Federal Grants – Assistance to Firefighters ($244,560); appropriates same to
Assistance to Firefighters.}
ND
PASSED 2 & FINAL READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yoshimoto – 1.
EXCUSED: None.
Hawai‘i County Council-33 Page 17 April 9, 2008
Bill 262: Initiates an Amendment to Article III, Legislative Branch, County Council, of the
Hawai‘i County Charter (2000), to Reorganize the Office of the County Clerk and
County Council by Establishing an Independent Audit Function Within the
Legislative Branch Through the Office of the Legislative Auditor. {Establishes an
independent auditing function within the Legislative Branch.}; and
ND
AMENDED TO DRAFT 2 & PASSED 2 OF THREE REQUIRED READINGS:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Naeole – 1.
EXCUSED: None.
Comm. 1067.2: From Council Member Brenda J. Ford, dated March 20, 2008, transmitting
proposed amendments to Bill 262.
Bill 263: Amends Article XIII, General Provisions, Section 13-11, Penalties, of the Hawai‘i
County Charter (2000), Relating to the Clarification of Language Regarding Civil
Fines and Increases the Maximum Monetary Penalty for Criminal Fines. {Increases
the criminal penalty amount from $1,000 to an amount not to exceed $2,000, and
amends the section to clarify the County’s authority regarding the imposition of
civil fines.}
ND
PASSED 2 OF THREE REQUIRED READINGS:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Bill 271: Amends Chapter 7, Article 2, of the Hawai‘i County Code 1983 (2005 Edition, as
Amended), Relating to Civil Defense Disaster Control. {Increases the effectiveness
of civil defense ordered evacuations during impending disasters or disasters by
amending Section 7-6, Definitions, by adding to authorized personnel Civil Defense
designees.}
ND
PASSED 2 & FINAL READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Yagong – 1.
EXCUSED: None.
Hawai‘i County Council-33 Page 18 April 9, 2008
Bill 272: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2008. {Increases revenues in Transfer
from General Fund ($20,000); appropriates same to Young Men’s Christian
Association (YMCA) – Homeless Children’s Program. Funds from Council
District 4 would be used for the island’s YMCA Homeless Children’s Program.}
{Appropriates funds that were transferred by Resolution 536-08 (adopted on
February 21, 2008) from the District 4 Contingency Relief funds to the Housing
fund.}
ND
PASSED 2 & FINAL READING:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Bill 273: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2007, to June 30, 2008. {Adds
PUBLIC WORKS: Bridge Repairs – Islandwide ($500,000); funds shall be
provided from General Obligation Bonds, Capital Projects Fund – Fund Balance
and/or Other Sources. Funds would be used for existing bridges (islandwide) as
they are identified as needing repairs and maintenance to make it safer to motorists
and the general public.}
ND
PASSED 2 & FINAL READING:
AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Ford – 1.
EXCUSED: None.
REPORTS
FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended
REPORT: February 29, 2008.
ACCEPTED
FC-260 Recommends acceptance of the donation of computer hardware, software, storage
(Comm. 1080): media, and a printer (with a total estimated value of $1,343.50), by Mr. Donald R.
Dietrich, to the Parks and Recreation Department – Aquatics Division, to be used at
the Kona Community Aquatic Center.
APPROVED
FC-266 Recommends approval of the nomination of Mr. Wesley Takai (Council District 2)
(Comm. 1090): to the Tax Board of Review.
APPROVED
PC-80 Recommends approval of the nomination of Ms. Charlene Hart (Council District 6)
(Comm. 1091): to the Board of Appeals.
APPROVED
Hawai‘i County Council-33 Page 19 April 9, 2008
REFERRALS FOR EXECUTIVE SESSION
A 2/3 vote pursuant to HRS Section 92-4 and Rule 11 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 6:28 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 April 7, 2008. Persons using TDDs may call 961-8521.
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; the County Clerk’s Office, 333 Kīlauea Avenue, Hilo; the
Office of the Mayor, 75-5706 Kuakini Highway, Suite 103, Kailua-Kona; the Kona Council Office, Kailua Trade
Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and the Waimea Council Office at the Holomua Center,
64-1067 Māmalahoa Highway, Suite 5, Waimea. For further information, please call 961-8255.
Videoconferencing is available at the following locations:
Kona Council Office at the Kailua Trade Center; and
Waimea Council Office at the Holomua Center.
If for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the
scheduled meeting will continue.
Videoconferencing from the Pāhoa Neighborhood Facility will not be available.
In the event of an unanticipated emergency situation, including but not limited to: severe adverse weather
conditions, road closures, or natural disasters, the Hawai‘i County Council and its Committees may conduct its
meetings via videoconference pursuant to Hawai‘i Revised Statutes § 92-3.5. If that occurs, individual Council
Members may be at either the meeting site or one of the videoconference sites. If the audio stream is lost for more
than a short period of time, the meeting will be terminated.
Submitting Testimony: Those wishing to testify in person must register with the County Clerk’s staff. Those
submitting written testimony at the meeting should bring seventeen (17) copies for distribution. Testimony may
also be submitted (1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni St., Hilo, Hawai‘i, 96720; (2) by
facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@co.hawaii.hi.us. Please submit separate
testimony for each item. For testimony received via e-mail or fax, copies will be distributed at the meeting when
transmitted in a timely manner. All oral and written testimony will be made a part of the public record.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesday, April 16, 2008, at 6 p.m.; Sunday, April 20, 2008, at 10:30 a.m.; and Wednesday, April 23, 2008, at
6 p.m.
Hawai‘i County Council-33 Page 20 April 9, 2008
UPCOMING MEETINGS
THURSDAY, APRIL 10, 2008
FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM – HILO
333 Kīlauea Avenue
Ben Franklin Building
Second Floor
TUESDAY, APRIL 15, 2008
FINANCE COMMITTEE 6:00 p.m. PĀHOA NEIGHBORHOOD
PUBLIC HEARING RE FACILITY (PĀHOA
RESOLUTION 551-08 COMMUNITY CENTER)
(WASTE-TO-ENERGY 15-2910 Puna Road
FACILITY)
THURSDAY, APRIL 17, 2008
FINANCE COMMITTEE 6:00 p.m. SHERATON KEAUHOU BAY
PUBLIC HEARING RE RESORT AND SPA
RESOLUTION 551-08
(WASTE-TO-ENERGY
FACILITY)
FRIDAY, APRIL 18, 2008
FINANCE COMMITTEE 6:00 p.m. PĀHALA COMMUNITY
PUBLIC HEARING RE CENTER
RESOLUTION 551-08 96-3159 Maile Street
(WASTE-TO-ENERGY
FACILITY)
MONDAY, APRIL 21, 2008
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
TUESDAY, APRIL 22, 2008
COUNCIL TBA SHERATON KEAUHOU
BAY RESORT & SPA
FRIDAY, APRIL 25, 2008
COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM – HILO
HEARING RE REAL 333 Kīlauea Avenue
PROPERTY TAX RATES Ben Franklin Building
Second Floor
TUESDAY, MAY 6, 2008
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, MAY 7, 2008
COUNCIL TBA SHERATON KEAUHOU
BAY RESORT & SPA