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HomeMy WebLinkAboutAGE COUNCIL 2008/03/25 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 nd 32 Session ORDER OF BUSINESS Hawai‘i County Council 333 Kīlauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawai‘i Tuesday, March 25, 2008 8:30 a.m. INVOCATION Pastor Richard Uejo of KMC Chapel and Heritage Fellowship CALL TO ORDER 8:32 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 6, 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-32 Page 2 March 25, 2008 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 589.13: UPDATE OF THE ACTIVITIES OF THE LEGISLATIVE LIAISON From Council Chair Pete Hoffmann, dated March 17, 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. 1038: NOMINATION OF MR. HOWARD A. KELLY (COUNCIL DISTRICT 3) TO THE LIQUOR COMMISSION From Mayor Harry Kim, dated February 13, 2008, requesting approval of the above nomination; and APPROVED Comm. 1038.1: From Public Safety and Parks and Recreation Committee Chair Donald Ikeda, dated March 17, 2008, requesting this matter be waived to the Council. Comm. 1043: NOMINATION OF MR. RICHARD J. BEHENNA (COUNCIL DISTRICT 6) TO THE POLICE COMMISSION From Mayor Harry Kim, dated February 14, 2008, requesting approval of the above nomination; and APPROVED Comm. 1043.1: From Public Safety and Parks and Recreation Committee Chair Donald Ikeda, dated March 17, 2008, requesting this matter be waived to the Council. Comm. 1069: NOMINATION OF MS. LEINAALA ENOS (COUNCIL DISTRICT 6) TO THE LIQUOR ADJUDICATION BOARD From Mayor Harry Kim, dated February 26, 2008, requesting approval of the above nomination. APPROVED ORDER OF RESOLUTIONS Res. 504-08 Authorizes Extension of the County of Hawai‘i Fuel Tax. {The County’s current (Draft 2): special fuel tax program will sunset on June 30, 2008. Draft 2 provides for a range in the fuel tax amount from 8.8 cents and 13 cents per gallon.} AMENDED TO DRAFT 3 & ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Higa – 1. EXCUSED: None. Hawai‘i County Council-32 Page 3 March 25, 2008 Res. 528-08: Approves a Residential Assistance Program for Qualified County of Hawai‘i Employees. {If implemented, the Finance Department would draft the necessary program documents, determine funding sources, and work with financial institutions on the specific details to specifically implement this program.}; and FC-259. FILED DUE TO THE FOLLOWING VOTE: AYES: None. NOES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. ABSENT: Council Member Higa – 1. EXCUSED: None. Res. 530-08 Authorizes the Exemption of Certain Code Requirements, Pursuant to (Draft 2): Sections 201H-38 and 201H-44 of the Hawai‘i Revised Statutes for the Proposed West Hawai‘i Emergency Housing Program in Kailua-Kona. {Wishes to establish an emergency housing program for homeless individuals on County-owned land in Kailua-Kona, identified as Tax Map Key 3/7-4-010:portion of 020, to provide services to qualified homeless individuals in this County.};and AMENDED TO DRAFT 3 & ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Higa – 1. EXCUSED: None. Comm. 1005.4: From Council Chair Pete Hoffmann, dated March 13, 2008, transmitting a proposed amendment to Resolution 530-08, Draft 2. Res. 537-08 Transfers/Appropriates an Appropriation Out and From the Designated Fund (Draft 2): 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 Civil Defense Agency, Civil Defense Agency Other Current Expense (Kohala Ditch). Contingency Relief funds from District 9 would be used towards the Kohala Ditch Project in partnership with the North Kohala Community Resource Center.} ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Higa – 1. EXCUSED: None. Hawai‘i County Council-32 Page 4 March 25, 2008 Res. 545-08: Requests the Director of the Department of Public Works to Enforce Chapter 27, Article 6, of the Hawai‘i County Code. {The Director of the Public Works Department shall provide immediate written notice to all landowners when reports or complaints are received upon visual observations of blockages or obstruction in drainageways, floodways, levee systems, or watercourses.}; and PWIRC-59. ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Higa – 1. EXCUSED: None. Res. 546-08: Recommends a Minimum Fuel-Efficiency Standard of 35 Miles Per Gallon for Highway Driving, as Measured by the Environmental Protection Agency, for Passenger Vehicles Purchased by the County. {Calls upon the Mayor to assign qualified administrative personnel to monitor the performance of the first ten fuel- efficient vehicles purchased in order to determine the overall cost-benefit of this purchase for the County and requests that the Mayor report the results of this cost- benefit analysis to the Council prior to submission of the Operating Budget on March 1, 2009.}; and FESC-1. ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Higa – 1. EXCUSED: None. Res. 547-08: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for a Multi-Year Lease (5 years) of a Copy Machine for the Office of the County Clerk-Election Division. {Current copier has been in service for seven years, is outdated, and often breaks down. The lease for a copy machine would be at an approximate cost of $228.37 per month.}; and FC-253. ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Higa and Yoshimoto – 2. EXCUSED: None. Res. 549-08: Establishes an Ad Hoc Committee to Plan the Long Term Disposition of Mud Lane Road in the District of Hāmākua. {Directs the Council to form the “Mud Lane Road Ad Hoc Committee” to work with the County Administration and the community to come up with a long-term disposition plan for Mud Lane Road.}; and PC-76. ADOPTED (with the Committee being comprised of Mr. Yagong (Chair), Mr. Hoffmann (Vice-Chair), Ms. Naeole (Member), and Mr. Pilago (Member)): 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-32 Page 5 March 25, 2008 Res. 552-08: Authorizes the Mayor of the County of Hawai‘i to Enter Into an Inter-Governmental Agreement with the County of Maui to Provide Limited Assistance for Real Property Mapping. {Our Real Property Tax Division would assist Maui County in the abstracting and data entry necessary to update Maui County’s real property tax mapping system for a six-month period. Maui County would compensate Hawai‘i County for services and costs based on actual labor hours in an amount not to exceed $24,500.}; and FC-254. 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. 554-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the Hawai‘i Public Housing Authority, Pursuant to HRS 46-7, for the Homeownership Program. {Funds would be used to increase outreach to Section 8 Family Self-Sufficiency (FSS) and the Section 8 Homeownership Option Program participants, increase administrative support to both programs, provide matching grants or loan forgiveness to program participants, and provide additional matches to Housing Choice Voucher FSS Program participants to build homeownership savings.}; and FC-255. ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 555-08: 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 2007 Assistance to Firefighters Grant for the Hawai‘i Fire Department. {Funds would be used to acquire videoconferencing equipment for 18 different locations around the island.}; and FC-257. 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-32 Page 6 March 25, 2008 Res. 557-08: Requires the County of Hawai‘i Mass Transit Agency to Create a Partnership with the State of Hawai‘i Department of Transportation to Design and Construct Park and Ride Facilities at Designated Sites Along State Highway 19 Within Council District 1. {Requires the Mass Transit Agency to enter into a partnership with the State Department of Transportation to identify locations within Pāpa‘ikou, Pepe‘ekeo, Laupāhoehoe, and the Lakeland Subdivision for the design and construction of park and ride facilities.}; and PWIRC-65. ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 560-08: 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 Hawai‘i Police Department Police Administration Division-Other Current Expense Administration-Education-Recreation Supplies (Honomū Neighborhood Watch Program). Contingency Relief funds from District 1 would be used to establish the Honomū Neighborhood Watch Program.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 566-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Police Department/Animal Control Humane Society Miscellaneous Contract Services (AdvoCATS, Inc.-spay and neuter program). Contingency Relief funds from District 7 would be used to supplement and defray costs to spay and neuter feral cats.} 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-32 Page 7 March 25, 2008 Res. 567-08: 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 Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific Supplies (Pāpa‘aloa Gym Judo Mats – $5,000) (Pa‘auilo Gym: Basketball and Volleyball Systems - $5,000). Contingency Relief funds from District 1 would be used towards the purchase of judo mats for Pāpa‘aloa Gym, and basketball and volleyball systems for Pa‘auilo Gym.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 568-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $40,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Transfer to Capital Project-General (Hālawa cemetery repaving). Contingency Relief funds from District 9 would be used towards the paving and rebuilding of the access roads and trails to the Hālawa cemetery in North Kohala.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 569-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $800 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense Equipment Repairs/Machines (Pu‘u‘eo Community Center Replacement Refrigerator). Contingency Relief funds from District 2 would be used towards costs related to the replacement of a refrigerator at the Pu‘u‘eo Community Center, located at Clem Akina Park.} 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-32 Page 8 March 25, 2008 Res. 570-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,705 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Hilo and West Hawai‘i Veterans Cemetery Other Current Expense (West Hawai‘i Veterans Cemetery Development and Expansion Association). Contingency Relief funds from District 7 would be used for the purpose of supplying flagpoles and flags to the West Hawai‘i Veterans Cemetery Development and Expansion Association.} AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 571-08: 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 Department of Public Works Transfer to Capital Project Fund – General (Waikamalu Stream Bridge Rehab-Hāmākua). Contingency Relief funds from District 1 would be used for the repair of the Waikamalu Stream Bridge No. 32-3 in the District of Hāmākua.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 572-08: Approves the Establishment of a Sister-City Relationship Between Gwacheon City, Korea, and the County of Hawai‘i, and Authorizes the Mayor of the County of Hawai‘i to Enter Into a Formal Signed Agreement. {Article 31, Hawai‘i County Code, requires the adoption of a Council resolution for the actual establishment of a sister city relationship.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) Hawai‘i County Council-32 Page 9 March 25, 2008 BILLS FOR ORDINANCES (FIRST READING) 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.}; and PC-75. ST PASSED 1 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 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 PWIRC-60. ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 7. NOES: Council Members Ikeda and Naeole – 2. ABSENT: None. EXCUSED: None. 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.}; and PWIRC-61. ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Yagong, Yoshimoto, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Naeole and Pilago – 2. 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.}; and PWIRC-62. 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-32 Page 10 March 25, 2008 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.}; and FC-256. 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. 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.}; and FC-258. 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. 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 PWIRC-63. 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 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.}; and PWIRC-64. 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-32 Page 11 March 25, 2008 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.} 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 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.} 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 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.} 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. 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) AND REPORTS ORDER OF THE DAY (SECOND OR FINAL READING) Hawai‘i County Council-32 Page 12 March 25, 2008 Bill 89 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 3) Code) of the Hawai‘i County Code, by Changing the District Classification from (2000-2002): Single Family Residential (RS-15) to Single Family Residential (RS-10) at Waiākea, South Hilo, Hawai‘i, Covered by Tax Map Key:2-4-14:42. {Laura Chock, Applicant (formerly Okutau, LLC).} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 6. NOES: None. ABSENT: Council Members Higa, Ikeda, and Yagong – 3. EXCUSED: None. 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.} POSTPONED TO THE APRIL 9, 2008, COUNCIL MEETING Bill 225 Amends Chapter 2, Article 36, Hawai‘i County Code 1983 (2005 Edition, as (Draft 3): Amended), Renaming and Redefining the Geothermal Relocation Program to the Geothermal Relocation and Community Benefits Program. {Renames the “Geothermal Relocation Program” to the “Geothermal Relocation and Community Benefits Program” and redefines this program as well as increases the minimum balance maintained in the fund from $200,000 to $1,000,000.} 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 238: 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 Fire Department Miscellaneous Contribution ($500); appropriates same to Fire Department Miscellaneous Private Contributions.} 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. Hawai‘i County Council-32 Page 13 March 25, 2008 Bill 239: 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 10,000 Square Feet (RS-10) to Neighborhood Commercial 20,000 Square Feet (CN-20) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key:2-2-040:121 (approx. 23,559 square feet). {Jinsoo and Ran Hui Iida, Applicants.} 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 242: Amends Chapter 24, Article 11, Division 2, Section 24-308, Schedule 12, of the Hawai‘i County Code 1983 (2005 Edition, as Amended), Vehicles and Traffic, Relating to Through Streets. {Adds Old Sugar Mill Road and Old Railroad Way (Hāmākua District) as a designated through street.} 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 243: Amends Chapter 24, Article 10, Division 5, Section 24-279, Schedule 27, of the Hawai‘i County Code 1983 (2005 Edition, as Amended), Vehicles and Traffic, Relating to Parking on Pavement Prohibited at All Times. {Adds Loke Street, both sides between Ohia Street and Miulana Place (Hāmākua District) as a designated “no parking” area.} 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 244: Amends Ordinance No. 07-170 Establishing a New Article Relating to a Hawai‘i County Cultural Resources Commission. {Amendments relate to the establishment of term requirements for commission members, a specification that historic properties are to be over 50 years old, and minor grammatical corrections.} 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. Hawai‘i County Council-32 Page 14 March 25, 2008 Bill 245 Amends Chapter 24 of the Hawai‘i County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Adds ‘Ōma‘o Street between Kaūmana Drive and East Uluwai Street (South Hilo) proposing a 15 mile per hour speed limit.} 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 246 Amends Chapter 24 of the Hawai‘i County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Adds Haili Street, Kapi‘olani Street intersection (South Hilo) as a “stop” location.} 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 247 Amends Chapter 24 of the Hawai‘i County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Adds Ka‘iulani Street at the southbound approach to Bridge Number 23-3 (South Hilo) as a “yield” location.} 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 256: Amends Chapter 25, Article 5, Division 16, Section 25-5-162, Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to Permitted Uses Within the Open District. {Re-inserts Subsection (c) of Section 25-5-162 that permits in the O district, uses directly accessory to uses permitted in this section, which was inadvertently deleted in the drafting of Ordinance 08-2.} 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. Hawai‘i County Council-32 Page 15 March 25, 2008 Bill 264: 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 ($5,000); credits same to Office for Social Ministry – Feeding the Homeless/Hungry Program. Funds would be used by the Food Basket Incorporated/Hawai‘i Island Food Bank for its Feeding the Homeless/Hungry Program.} 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. REPORTS PWIRC-58 Recommends approval of the nomination of Mr. Amos Meyers, Jr. (Council (Comm. 1029): District 6), to the Transportation Commission. APPROVED FC-252 Recommends approval of the renomination of Ms. Tricia Malanka (Council (Comm. 1030): District 7) to the Board of Ethics. APPROVED REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following, pursuant to Section 92-5(a)(4), Hawai‘i Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its 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 11 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 1098: CLAIM AGAINST THE COUNTY/MATTHEW A. STUROS From Deputy Corporation Counsel Joseph K. Kamelamela, dated March 10, 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 1099: CLAIM AGAINST THE COUNTY/CATHERINE CURRY From Deputy Corporation Counsel Joseph K. Kamelamela, dated March 13, 2008. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 1101: ISSUES RELATING TO THE MĀMALAHOA BYPASS AND THE OPENING OF THE HALEKI‘I STREET EXTENSION From Council Member Brenda Ford, dated March 14, 2008. FILED OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS Hawai‘i County Council-32 Page 16 March 25, 2008 ADJOURNMENT 4:26 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 March 24, 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 2, 2008, at 6 p.m.; Sunday, April 6, 2008, at 10:30 a.m.; and Wednesday, April 9, 2008, at 6 p.m. UPCOMING MEETINGS TUESDAY, MARCH 25, 2008 FINANCE COMMITTEE 6:00 p.m. COUNCIL ROOM – HILO PUBLIC HEARING RE 333 Kīlauea Avenue RESOLUTION 551-08 Ben Franklin Building (WASTE-TO-ENERGY Second Floor FACILITY) Hawai‘i County Council-32 Page 17 March 25, 2008 TUESDAY, APRIL 1, 2008 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM – HILO SPECIAL MEETING 333 Kīlauea Avenue (DEPARTMENTAL AND Ben Franklin Building PROGRAM REVIEWS OF Second Floor BUDGETS) WEDNESDAY, APRIL 2, 2008 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM – HILO SPECIAL MEETING 333 Kīlauea Avenue (DEPARTMENTAL AND Ben Franklin Building PROGRAM REVIEWS OF Second Floor BUDGETS) THURSDAY, APRIL 3, 2008 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM – HILO SPECIAL MEETING 333 Kīlauea Avenue (DEPARTMENTAL AND Ben Franklin Building PROGRAM REVIEWS OF Second Floor BUDGETS) MONDAY, APRIL 7, 2008 FINANCE COMMITTEE 6:00 p.m. W. M. KECK OBSERVATORY PUBLIC HEARING RE Hualalai Conference Room RESOLUTION 551-08 65-1120 Māmalahoa Highway (WASTE-TO-ENERGY FACILITY) TUESDAY, APRIL 8, 2008 COMMITTEES TBA COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor WEDNESDAY, APRIL 9, 2008 COUNCIL TBA COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor THURSDAY, APRIL 17, 2008 FINANCE COMMITTEE 6:00 p.m. SHERATON KEAUHOU BAY PUBLIC HEARING RE RESORT AND SPA RESOLUTION 551-08 78-129 Ehukai Street (WASTE-TO-ENERGY FACILITY)