HomeMy WebLinkAboutAGE COUNCIL 2007/11/07 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
23 Session
ORDER OF BUSINESS
Hawai‘i County Council
333 Kīlauea Avenue
(Ben Franklin Building)
Second Floor, Council Room
Hilo, Hawai‘i
Wednesday, November 7, 2007
8:30 a.m.
INVOCATION Pastor Bob Tominaga of Thy Word Ministries
CALL TO ORDER 8:39 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES June 20 and September 19, 2007 - 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-23 Page 2 November 7, 2007
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS
Comm. 589.3: LEGISLATIVE LIAISON TASK FORCE REPORT
From Council Chair Pete Hoffmann, dated October 29, 2007, requesting approval of
the attached “Request for Proposal for Legislative Advisor, and Advocate for the
Hawai‘i County Council” (RFP No. 2364).
FILED COMMUNICATION (AND APPROVED THE ATTACHED RFP
NO. 2364)
Comm. 684.4: HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE
PRIORITIES
From Council Member Bob Jacobson, dated October 23, 2007, transmitting for
Council’s review, the legislative priorities submitted by Maui County for inclusion
in the HSAC Legislative Priorities Package (relating to housing, procurement, and
gray water).
FILED COMMUNICATION (AND APPROVED THE LEGISLATIVE
PRIORITIES SUBMITTED BY MAUI COUNTY FOR INCLUSION IN THE
HSAC LEGISLATIVE PRIORITIES PACKAGE (RELATING TO HOUSING,
PROCUREMENT, AND GRAY WATER))
Comm. 733: PROPOSED AMENDMENT TO CHAPTER 25 (ZONING CODE) OF THE
HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING
TO PLANNED UNIT DEVELOPMENT (PUD) AND CLUSTER PLAN
DEVELOPMENT (CPD) APPLICATIONS
From Mayor Harry Kim, dated September 24, 2007, transmitting the Planning
Commission’s letters and enclosures regarding the above matter. The Planning
Commission forwards an unfavorable recommendation regarding the proposed
County Council initiated amendment to Chapter 25 (proposed bill is attached as
“Exhibit 1”).
FILED COMMUNICATION
(Note: The Council adopted Resolution 158-07, Draft 2, on June 1, 2007, which
requested the Planning Commission to submit comments and recommendations on
the proposed Zoning Code amendments, which are contained in the above
Communication 733 as well as Subdivision Code amendments, which are contained
in subsequent Communication 734.)
Hawai‘i County Council-23 Page 3 November 7, 2007
Comm. 734: PROPOSED AMENDMENTS TO CHAPTER 23 (SUBDIVISION CODE) AND
CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION, AS AMENDED) RELATING TO SUBDIVISIONS OF SEVEN
OR MORE LOTS
From Mayor Harry Kim, dated September 24, 2007, transmitting the Planning
Commission’s letters and enclosures regarding the above matter. The Planning
Commission forwards an unfavorable recommendation regarding the proposed
County Council initiated amendment to Chapters 23 and 25 (proposed bill and
Resolution 158-07, Draft 2, are attached as “Exhibit 1”).
FILED COMMUNICATION
ORDER OF RESOLUTIONS
Res. 342-07 Amends Resolution No. 102-07, Draft 2, Adopting Rules of Procedure and
(Draft 2): Organization of the Council of the County of Hawai‘i. {Amends Rule No. 6
(Standing Committees) by adding a new Committee on Food and Energy
Sustainability; and Rule No. 28 (Council Members, Staff and Allowances), which
adjusts the format as well as corrects the District Allowance Expense (DAE) and
Contingency Relief amounts to reflect the recent increase.}; and PWIRC-39.
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. 345-07: Amends the Zone Boundaries of the Hilo-Puna and North Kohala Enterprise Zones.
{Seeks to expand two of the six Enterprise Zones to enable additional businesses to
participate in the Enterprise Zone Program (delineated in attached Exhibits A, B,
and C).}; and PC-49; and
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. 682.2: From Research and Development Director Jane Testa, dated October 29, 2007,
informing the Council that they met with business owners within the proposed Hilo-
Puna extension.
Hawai‘i County Council-23 Page 4 November 7, 2007
Res. 357-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for a Large Format Copier for the Department of Public Works. {The
Department’s copier is broken and is un-repairable since replacement parts are
difficult to locate as this copier has become obsolete (multi-year lease is for five
years).}; and FC-184.
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. 358-07: Changes the Position Status of a Economic Development Specialist II (Temporary)
Position to Permanent Status. {Conversion of this position from temporary status to
permanent would enhance the appeal in the recruitment process to motivate
candidates to apply. This position provides continuous outreach in the community
and assists in the implementation phase of the Community Development Plan.}; and
FC-185.
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. 359-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawai‘i Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the
Buffer Zone Protection Program. {Funds would be used to enhance the County’s
response to incidents of terrorism (chemical, biological, radiological, nuclear, and
explosive incidents) and to enhance buffer zone planning and security
enhancements for the Southern Cross Cabling Station located in Kona.}; and
FC-186.
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. 360-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawai‘i Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for
the FY 2007 Homeland Security Grant Program. {Funds would be used for the
continued development of the following programs: State Homeland Security, Law
Enforcement Terrorism Prevention, and Citizen Corps.}; and FC-188.
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-23 Page 5 November 7, 2007
Res. 362-07: Accepts the Donation of Real Property, Being a Portion of Tax Map
Key:(3)2-4-010:020, Situate at Waiākea, in the District of South Hilo, County and
State of Hawai‘i, from Yasuko Onishi and Dennis Onishi. {The parcel was recently
paved for the widening of Kahaopea Street along their frontage and contains an area
of 3,616 square feet.}; and PWIRC-38.
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. 378-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s) for the Pāhoa
Neighborhood Facility. {Transfers/appropriates $1,600 out and from Clerk-Council
Services-Contingency Relief account; credits same to Parks and Recreation,
Recreation Division Equipment (Pāhoa Neighborhood Facility tables). Contingency
Relief funds from District 5 would be used to purchase 20 tables for the Pāhoa
Neighborhood Facility.}
ADOPTED:
AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Higa – 1.
EXCUSED: None.
th
Res. 379-07: Establishes November 15 as Hawai‘i Recycles Day. {On September 26, 2007, the
Environmental Management Commission unanimously voted to support this
resolution and asks for the Council’s support and approval.}
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-23 Page 6 November 7, 2007
Res. 380-07: 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 to the following: Department of Parks and Recreation
Aquatics Pools Equipment (Two Automated External Defibrillator (AED) Units)
($4,000) and Department of Parks and Recreation Aquatics Pools Other Current
Expense (Automatic Pool Vacuum) ($3,500), for a total of $7,500. Contingency
Relief funds from District 1 would be used to purchase two AED units (for the
Honoka‘a and Laupāhoehoe swimming pools) and one automatic pool vacuum for
the Honoka‘a swimming pool.}
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. 381-07: 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 Office of the Prosecuting Attorney Miscellaneous
Contract Services (Pāhoa Christmas Parade). Contingency Relief funds from
District 5 would be used for the Mainstreet Pāhoa Association’s annual holiday
parade.}
ADOPTED:
AYES: Council Members Ford, Ikeda, Naeole, Pilago, Yagong, Yoshimoto,
and Chair Hoffmann – 7.
NOES: None.
ABSENT: Council Members Higa and Jacobson – 2.
EXCUSED: None.
Res. 382-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $7,250 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Parks and Recreation Aquatics Pool
Equipment (Automatic Pool Vacuum for Kawamoto Swim Stadium/NAS Pool and
Surveillance System for Kawamoto Swim Stadium). Contingency Relief funds
from District 4 would be used towards the purchase of a surveillance system for the
Kawamoto Swim Stadium and automatic pool vacuums for the Kawamoto Swim
Stadium and NAS Pool.}
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-23 Page 7 November 7, 2007
Res. 383-07: 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 the Prosecuting Attorney, Prosecuting
Attorney Other Current Expense Miscellaneous Contract Services (Keaukaha One
Youth Development Program). Contingency Relief funds from District 4 would be
used towards the Keaukaha One Youth Development Program.}
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. 385-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $25,000 out and from Clerk-Council Services-Contingency
Relief account; credits same to Office of Housing and Community Development
Transfer to Housing Fund (Pāhoa Homeless Program). Contingency Relief funds
from District 5 would be used for the Pāhoa Homeless Program.}
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. 387-07: Appoints Members of the Committee on Food and Energy Sustainability and
Designates the Chairperson and Vice Chairperson Thereof.
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. 388-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $1,700 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Parks and Recreation Friends of the
Park (Pa‘auilo Community Field Office Repairs). Contingency Relief funds from
District 1 would be used to defray the cost of repairs of the Pa‘auilo Senior Center
at the Pa‘auilo Community Field office.}
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-23 Page 8 November 7, 2007
Res. 396-07: 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, Prosecuting
Attorney Other Current Expense Miscellaneous Contract Services (Keaukaha One
Youth Development Program). Contingency Relief funds from District 5 would be
used towards the Keaukaha One Youth Development Program.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 397-07: 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 Office of the Prosecuting Attorney, Prosecuting
Attorney Other Current Expense (Leilani Estates Community Association).
Contingency Relief funds from District 5 would be used for the Leilani Estates
Community Association’s 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. 399-07: Amends Resolution 10-06, Appointing Members of the Committee on Public Safety
and Parks and Recreation and Designates the Chairperson and Vice Chairperson
Thereof. {Amendment designates Council Member Donald Ikeda and Council
Member J Yoshimoto as Chair and Vice Chair, respectively.}
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-23 Page 9 November 7, 2007
Res. 400-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $4,700 out and from Clerk-Council Services-Contingency
Relief account; credits same to Civil Defense Agency, Civil Defense Agency Other
Current Expense (Hawaiian Paradise Park Emergency Notification and Education
Team (HPP ENET)). Contingency Relief funds from District 5 would be used for
the HPP ENET.}
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. 401-07: 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 Office of the Prosecuting Attorney, Prosecuting
Attorney Other Current Expense (Ka‘ohe Homesteads Community and Farm
Watch). Contingency Relief funds from District 5 would be used for the Ka‘ohe
Homesteads Community and Farm Watch.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Res. 402-07: Amends Resolution No. 374-07, Relating to Transferring/Appropriating an
Appropriation Out and From the Designated Fund Account(s) and Credits Same to a
Designated Fund Account(s). {Funds were appropriated to the Hawaiian Paradise
Neighborhood Watch program (via Resolution 374-07 adopted on October 17,
2007) and would now be appropriated to the Hawaiian Paradise Park Owners
Association.}
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-23 Page 10 November 7, 2007
Res. 403-07: Creates a General Services Superintendent Position, an Account Clerk Position,
Two General Services Supervisor Positions, Five Custodian/Groundskeeper II
Positions, and Twelve (12) Custodian/Groundskeeper I Positions for the Department
of Public Works. {Civil Case #98-244, United Public Workers (UPW) versus the
County of Hawai‘i, calls for the County to hire UPW workers instead of contracting
out for janitorial and grounds maintenance services. In order to comply with this
settlement, the Public Works Department will be taking on this task to provide these
services, therefore, the creation of 21 new positions for their Department.}
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. 404-07: Creates Four Custodian/Groundskeeper I Positions and Five
Custodian/Groundskeeper I (1/4T) Positions for the Hawai‘i County Police
Department. {Civil Case #98-244, United Public Workers (UPW) versus the
County of Hawai‘i, calls for the County to hire UPW workers instead of contracting
out for janitorial and grounds maintenance services. In order to comply with this
settlement, the Police Department requests the creation of nine new positions to
meet the daily maintenance needs at its various stations.}
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. 405-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $7,250 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Parks and Recreation Aquatics Pool
Equipment (Equipment for Kawamoto Swim Stadium and NAS Pool). Contingency
Relief funds from District 3 would be used towards the purchase of a surveillance
system for the Kawamoto Swim Stadium and an automatic pool vacuum for the
Kawamoto Swim Stadium and the NAS Pool.}
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-23 Page 11 November 7, 2007
Res. 406-07: 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 Department of Research and Development Tourism
Promotion, Miscellaneous Contract Services (Kona Earth Festival). Contingency
Relief funds from District 7 would be used to defray some of the costs and expenses
associated with the Kona Earth Day Festival}
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. 407-07: 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 Parks and Recreation Transfer to
Capital Project Fund-General (To be allotted to Discretionary Projects, Council
District 1, Pauka‘a Community Park). Contingency Relief funds from District 1
would be used for park improvements at the new Pauka‘a Community Park.}
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. 408-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $4,500 out and from Clerk-Council Services-Contingency
Relief account; credits same to Department of Parks and Recreation Park
Maintenance Other Current Expense (Placement of Additional Portable Restrooms
at Old Hakalau Mill Site and Laupāhoehoe Point Beach Park). Contingency Relief
funds from District 1 would be used towards the rental of Americans with
Disabilities Act (ADA) portable restrooms for the 2008 holiday weekends and
would be located at Lot3D (Old Hakalau Mill Site) and Laupāhoehoe Point Beach
Park.}
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-23 Page 12 November 7, 2007
Res. 409-07: 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 Department of Research and Development Tourism
Promotion, Miscellaneous Contract Services (Kona Earth Festival). Contingency
Relief funds from District 9 would be used to help defray some of the costs and
expenses associated with the Kona Earth Day Festival.}
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. 410-07: 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 Department of Research and Development Tourism
Promotion, Miscellaneous Contract Services (Kona Earth Festival). Contingency
Relief funds from District 8 would be used to help defray some of the costs and
expenses associated with the Kona Earth Day Festival.}
ADOPTED:
AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Higa – 1.
EXCUSED: None.
10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 79 Amends Chapter 25, Zoning Code, Article 4, Division 5, of the Hawai‘i County
(Draft 2): Code 1983 (2005 Edition, as Amended), Relating to Off-Street Parking and
Loading. {Relates to the required number and distribution of off-street parking and
loading spaces for certain permitted uses under the Zoning Code.}; PC-28; and
Bill 79 Amends Chapter 25, Zoning Code, Article 4, Division 5, of the Hawai‘i County
(Draft 3): Code 1983 (2005 Edition, as Amended), Relating to Off-Street Parking and
Loading; and
ST
AMENDED TO DRAFT 4 & PASSED 1 READING:
AYES: Council Members Ford, Jacobson, Pilago, Yagong, Yoshimoto, and
Chair Hoffmann – 6.
NOES: Council Members Higa and Naeole – 2.
ABSENT: None.
EXCUSED: Council Member Ikeda – 1.
Comm. 267.6: From Mayor Harry Kim, dated September 24, 2007, transmitting the Planning
Commission’s letters and enclosures relating to this bill; and
Hawai‘i County Council-23 Page 13 November 7, 2007
Comm. 267.11: From Council Member Brenda J. Ford, dated October 25, 2007, transmitting
proposed amendments to Bill 79, Draft 3.
Bill 180: 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 ($40,000); appropriates same to North and South Kohala Road –
Other Current Expense (Paving of Waikoloa Emergency Access Road and
Pakānu Street). Funds would be used to pave portions of the emergency access road
extending from Hulu Street in Waikoloa Village to Queen Ka‘ahumanu Highway
along the Kohala Coast and to complete the paving of Pākanu Street in Waikoloa.};
and FC-182.
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 181: Amends the State Land Use Boundaries Maps for the County of Hawai‘i by
Changing the District Classification from the Agricultural to the Urban District at
st
O‘oma 1, North Kona, Hawai‘i, Covered by Tax Map Key:7-3-010:003 (approx.
10.001 acres). {Seascape Development, LLC, Applicant.}; and PC-50.
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 182: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural – 5 Acre (A-5a) to Multiple-Family Residential –
st
1,000 Square Feet (RM-1) at O‘oma 1, North Kona, Hawai‘i, Covered by Tax Map
Key:7-3-010:003 (approx. 10.001 acres). {Seascape Development, LLC,
Applicant.}; and PC-51.
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.
Hawai‘i County Council-23 Page 14 November 7, 2007
Bill 185: 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
PARKS AND RECREATION: Gilbert Carvalho Park Expansion ($1,000,000);
funds shall be provided from General Obligation Bonds, Capital Projects Fund –
Fund Balance and/or Other Sources ($1,000,000). Funds would be used for the
expansion, clearing, beautification, and improvement of Gilbert Carvalho Park.};
and FC-183.
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 186: 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 – Buffer Zone Protection Program ($189,000); appropriates same to
Buffer Zone Protection Program.}; and FC-187.
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 187: 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 the
following: Federal Grants – State Homeland Security Program ($663,868), Federal
Grants – Law Enforcement Terrorism Prevention Program ($400,310), and Federal
Grants – Citizen Corps Program ($10,000), for a total of $1,074,178; appropriates to
the following: State Homeland Security Program FY07 ($663,868), Law
Enforcement Terrorism Prevention Program FY07 ($400,310), and Citizen Corps
Program FY07 ($10,000), for a total of $1,074,178.}; and FC-189.
ST
PASSED 1 READING:
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-23 Page 15 November 7, 2007
Bill 193: 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 Energy
Coordinator ($1,300); appropriates same to Energy Coordinator. Funds would be
used for the following Energy Program initiatives: Regulatory and Legislative
Programs, Economic Development Projects, Technology Marketing, and Program
Planning and Administration.}; and
ST
PASSED 1 READING:
AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Higa – 1.
EXCUSED: None.
Comm. 756.1: From Finance Chair Dominic Yagong, dated October 29, 2007, requesting this
matter be waived from the Finance Committee.
Bill 199: Amends Chapter 25, Zoning Code, Article 4, Division 6, of the Hawai‘i County
Code 1983 (2005 Edition, as Amended), Relating to Nonconforming Uses and
Building Provisions for Off-Street Parking and Loading. {Proposal adds an
exception to nonconforming uses and building provisions for off-street parking and
loading requirements.}
ST
PASSED 1 READING:
AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 7.
NOES: Council Member Naeole – 1.
ABSENT: Council Member Higa – 1.
EXCUSED: None.
1:45 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, AND REFERRALS FOR EXECUTIVE SESSION
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 55 Provides for the Establishment of the Kailua Village Business Improvement District
(Draft 2): No. 1. {Provides for and finances supplemental services and improvements in
Kailua Village, pursuant to Hawai‘i County Code Chapter 35, Article 2,
Section 35-11.};and
AMENDED TO DRAFT 3 & HELD OVER PURSUANT TO COUNCIL
RULE 25(e)
Comm. 183.94: From Council Member K. Angel Pilago, dated October 25, 2007, requesting that
Bill 55, Draft 2, be placed on the November 7, 2007, Council agenda; and
Comm. 183.95: From Council Member K. Angel Pilago, dated October 26, 2007, transmitting
proposed amendments to Bill 55, Draft 2.
Hawai‘i County Council-23 Page 16 November 7, 2007
Bill 51 Amends Chapter 27, Flood Control, Hawai‘i County Code 1983 (2005 Edition), as
(Draft 5): Amended, Relating to Stormwater Management. {Updates Chapter 27 to conform
to Federal Flood Insurance Program standards.}
AMENDED TO DRAFT 6 & HELD OVER PURSUANT TO COUNCIL
RULE 25(e)
Bill 151 Amends Chapter 27, Flood Control, Hawai‘i County Code 1983 (2005 Edition, as
(Draft 2): Amended), Relating to Floodplains and Other Flood Hazard Areas. {Satisfies the
minimum National Flood Insurance Program requirements and increases regulation
of flood areas and requirements for permits.}
AMENDED TO DRAFT 3 & COMMITTED TO PUBLIC WORKS AND
INTERGOVERNMENTAL RELATIONS COMMITTEE
Bill 171: 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
Coqui Frog Conference Fees ($30,000); appropriates same to Coqui Frog
Conference. Funds would be used for registration fees, facility use, cost of meals,
and other expenses of the First International Conference on the Coqui Frog to be
held on February 7-9, 2008, in Waikoloa.}
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.
Bill 175 Initiates a Charter Amendment to Article VI, Chapter 4, of the Hawai‘i County
(Draft 3): Charter (2000), Establishing Windward and Leeward Planning Commissions.
{Creates a windward and leeward planning commission based upon judicial districts
and district boundaries set forth in Section 4-1(1), Hawai‘i Revised Statutes, with
the Mayor appointing the remaining members in accordance with Section 13-4,
Hawai‘i County Charter.};and
FILED DUE TO THE FOLLOWING VOTE:
AYES: Council Members Ford, Jacobson, Pilago, Yagong, and
Chair Hoffmann – 5.
NOES: Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4.
ABSENT: None.
EXCUSED: None.
Comm. 662.16: From Council Member K. Angel Pilago, dated October 23, 2007, transmitting
proposed amendments to Bill 175, Draft 3.
Hawai‘i County Council-23 Page 17 November 7, 2007
Bill 176 Amends Chapter 2 of the Hawai‘i County Code (2005 Edition, as Amended),
(Draft 2): Establishing a New Article Relating to a Hawai‘i County Cultural Resources
Commission. {Provides for the protection and preservation of historic properties
and artifacts in the County and establishes the “Hawai‘i County Cultural Resources
Commission”.}; and
ND
PASSED 2 & FINAL READING:
AYES: Council Members Ford, Jacobson, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 7.
NOES: Council Member Ikeda – 1.
ABSENT: Council Member Higa – 1.
EXCUSED: None.
Comm. 666.18: From Planning Director Christopher J. Yuen, dated October 3, 2007, transmitting
for Council’s information, the policies and practices for the treatment of historic
sites in the land use process; and
Comm. 666.24: From Planning Director Christopher J. Yuen, dated October 22, 2007, transmitting
proposed amendments to Bill 176, Draft 2 (attaches a proposed “Draft 3” of this
bill).
Bill 177: Amends Chapter 24, of the Hawai‘i County Code 1983 (2005 Edition, as
Amended), Relating to Vehicles and Traffic. {Establishes a new bus stop location
along Kamehameha Avenue for a limited time from 2 p.m. to 3 p.m. on school
days.}
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 178: 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
Contribution from Private Source ($50,423); appropriates same to Rescue
Equipment-Private.}
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
FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended
REPORT: July 31, 2007.
ACCEPTED
FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended
REPORT: August 31, 2007.
ACCEPTED
Hawai‘i County Council-23 Page 18 November 7, 2007
REFERRALS FOR EXECUTIVE SESSION
The Council anticipates convening an executive meeting regarding the following cases, 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, including the current status of the litigation. 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. 750: CLAIM AGAINST THE COUNTY/OWEN TAKEI
From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 19, 2007.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 751: CLAIM AGAINST THE COUNTY/PATRICIA D. ST. CLAIR
From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 19, 2007.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
MONDAY, NOVEMBER 19, 2007
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
TUESDAY, NOVEMBER 20, 2007
COUNCIL 9:00 a.m. SHERATON KEAUHOU
BAY RESORT & SPA
TUESDAY, DECEMBER 4, 2007
COMMITTEES TBA COUNCIL ROOM – HILO
333 Kīlauea Avenue
Ben Franklin Building
Second Floor
WEDNESDAY, DECEMBER 5, 2007
COUNCIL 9:00 a.m. COUNCIL ROOM – HILO
333 Kīlauea Avenue
Ben Franklin Building
Second Floor
TUESDAY, DECEMBER 18, 2007
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, DECEMBER 19, 2007
COUNCIL 9:00 a.m. SHERATON KEAUHOU
BAY RESORT & SPA
Hawai‘i County Council-23 Page 19 November 7, 2007
ADJOURNMENT 5:28 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 November 5, 2007. 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.
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, November 14, 2007, at 6 p.m.; Sunday, November 18, 2007, at 10:30 a.m.; and
Wednesday, November 21, 2007, at 6 p.m.