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HomeMy WebLinkAboutAGE COUNCIL 2007/05/16 2006-2008 BRENDA FORD PETE HOFFMANN dr:"~~r .'"!4~~ Chair & Presiding Officer STACY K. RIGA DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON vice chair • EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawai `i 96720 12`h Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, May 16, 2007 8:30 a.m. INVOCATION Reverend Brian Welsh of Haili Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests ojthe People ojOur Island Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council-12 Page 2 May 16, 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. 378: NOMINATION OF MS. MARGARET TOKUNAGA (COUNCIL DISTRICT 8) TO THE SALARY COMMISSION From Mayor Harry Kim, dated Apri14, 2007, recommending approval of the above nomination. Waived: FC Comm. 379: NOMINATION OF MR. JOHN P. LOCKWOOD (COUNCIL DISTRICT 6) AND MR. BENJAMIN M. WATAI, SR. (COUNCIL DISTRICT 8), TO THE TRANSPORTATION COMMISSION From Mayor Harry Kim, dated April 30, 2007, recommending approval of the above nominations. Waived: PWIItC Comm. 398: ACCEPTANCE OF A DONATION BY THE LIONS CLUB OF KONA TO THE PARKS AND RECREATION DEPARTMENT From Finance Director William Takaba, dated May 1, 2007, requesting the acceptance of a donation of five picnic tables (estimated value of $1,000). Waived: FC Comm. 417: COUNTY OF HAWAII POLICY FOR CONTINGENCY RELIEF FUND PROCESSING BETWEEN THE HAWAII COUNTY COUNCIL AND COUNTY ADMINISTRATION From Council Chair Pete Hoffmann, dated May 7, 2007, transmitting a proposal from Corporation Counsel to facilitate the processing of Contingency Relief funds during the fiscal yeaz (attached is a "Contingency Relief Funds Request" form). Hawaii County Council-12 Page 3 May 16, 2007 ORDER OF RESOLUTIONS Res. 134-07 Authorizes the Mayor, Department of Research and Development, and Designated (Draft 2): Council Member to Coordinate with the United States Department of Agriculture Wildlife Services to Formulate aOne-Year Pilot Program to Trap Invasive Feral Pig Populations in Hawaii Island Residential Communities and Agricultural Farm Lots. {Recommends a $100,000 appropriation for the Department of Research and Development to administer this one-year pilot program beginning July 1, 2007, and ending on June 30, 2008.} Re: Comm. 295.4 Intr. by: Mr. Yagong Held Over Pursuant to Council Rule 25(e): May 2, 2007 Res. 138-07: Accepts the Dedication of Kukuna Street and Hane Street, in O`oma Plantation, Being Tax Map Key: (3)7-3-007:080, Situate at O`oma, in the District of North Kona, County and State of Hawaii, from O`oma, LLC. {Accepts Kukuna and Hane Streets, including all improvements, for public road and drainage purposes.} Re: Comm. 304 Intr. by: Ms. Ford Approve: PWIRC-15 Postponed: May 2, 2007 Res. 160-07: Supports Hawaii County's Commitment to Traffic Safety. {Mission to support the reduction of motor vehicle crashes, injuries, and fatalities in Hawaii County.} Re: Comm. 335 Intr. by: Mr. Higa Approve: PWIRC-18 Res. 161-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $19,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Police DepaztmenUAnimal Control Humane Society (Three Ring Ranch, Inc. -Pre-veterinazy program/operations). Discretionary funds from District 7 would be used as a grant towazds the Three Ring Ranch, Inc., for apre-veterinarian program and operational costs.} Re: Comm. 337 Intr. by: Ms. Ford Approve: FC-96 Hawaii County Council-12 Page 4 May 16, 2007 Res. 165-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,890 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Elderly Activities Division Special Program Equipment (Hawai`i State Senior Citizens Softball Tournament- $1,800 to Miscellaneous Equipment and $1,090 to Miscellaneous Charges, for a total of $2,890). Discretionary funds from District 8 would be used towards costs associated with hosting the 2007 Hawaii State Senior Citizens Softball Tournament at Kailua Park.} Re: Comm. 344 Intr. by: Mr. Pilago Approve: FC-97 Res. 170-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Agriculture, Pursuant to HRS 46-7, for the County of Hawai`i's Coqui Frog Eradication and Control Program. {Funds would be used to administer acost-sharing program to assist qualified nurseries and landscape companies on the Island of Hawaii to finance the construction of hot water treatment facilities for the treatment of plants and plant parts for coqui frog disinfestation.} Re: Comm. 350 Intr. by: Mr. Yagong Approve: FC-98 Res. 171-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Transportation, Pursuant to HRS 46-7, for the Hawaii Fire Department Generator Purchase Grant. {Funds would be used to purchase equipment that would provide a well lit and well marked accident scene on poorly lit rural highways, and to protect motor vehicle accident victims and fire personnel from injury and death.} Re: Comm. 351 Intr. by: Mr. Yagong Approve: FC-100 Res. 172-07: Authorizes the Acceptance of the Monetary Contribution from the Firemans Fund Insurance Company for the Hawaii Fire Department. {Funds would be used to certify 10-20 members of the Department's instructors under the National Fire Protection Association Qualification Board.} Re: Comm. 352 Intr. by: Mr. Yagong Approve: FC-102 Hawaii County Council-12 Page 5 May 16, 2007 Res. 173-07: Authorizes the Acquisition of Private Property by Eminent Domain, Being Tax Map Key: (3)9-2-101-037, Situate at Kahuku, District of Ka`u, County and State of Hawaii, for the Hawaiian Ocean View Estates Exploratory and Construction Well Project. {Contains an area of approximately 43,562 square feet.} Re: Comm. 356 Intr. by: Mr. Jacobson Approve: FC-104 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Res. 185-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $9,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Police Department/Animal Control Humane Society- Miscellaneous Contract Services (Hawai`i Island Humane Society). Discretionary funds from District 7 would be used as a grant towazds the Hawaii Island Humane Society to study infectious diseases.} Re: Comm. 375 Intr. by: Ms. Ford Waived: FC Res. 187-07: 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 Departrnent of Research and Development Agricultural Reseazch and Development Other Current Expense, Miscellaneous Contract Services (The Kohala Center, The Hawaii Island Food Security Symposium). Discretionary funds from District 9 would be used as a grant towazds the Kohala Center for "The Hawaii Island Food Security Symposium" in October 2007.} Re: Comm. 380 Intr. by: Mr. Hoffmann Waived: FC Res. 189-07: 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 Department of Research and Development -Tourism Promotion (Hilo Bayfront Trails). Discretionary funds from District 2 would be used as a grant towards the completion of the Hilo Bayfront Trails Study.} Re: Comm. 383 Intr. by: Mr. Ikeda Waived: FC Hawaii County Council-12 Page 6 May 16, 2007 Res. 190-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation -Recreation Division Other Current Expense (Hilo Armory). Discretionary funds from District 2 would be used towards miscellaneous equipment and supplies for the Hilo Armory. } Re: Comm. 384 Intr. by: Mr. Ikeda Waived: FC Res. 191-07: 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 Department of Liquor Control Public Programs (Kea`au Youth Business Center). Discretionary funds from District 3 would be used as a grant towards youth programs at the Kea`au Youth Business Center.} Re: Comm. 385 Intr. by: Mr. Yoshimoto Waived: FC Res. 192-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $100,000 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 Park Improvement Projects -Council District 3). Discretionary funds from District 3 would be used for park improvement projects in District 3.} Re: Comm. 386 Intr. by: Mr. Yoshimoto Waived: FC Res. 193-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $65,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Department of Environmental Management Transfer to Capital Projects Fund -General (East Hawaii Reload Facility project). Discretionary funds from District 8 would be used for the East Hawaii Reload Facility project.} Re: Comm. 387 Intr. by: Mr. Pilago Waived: FC Hawaii County Council-12 Page 7 May 16, 2007 Res. 195-07: 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 Planning Department, Planning Other Current Expense, Miscellaneous Contract Service (District of Kona Trails Inventory). Discretionary funds from District 7 would be used to complete an inventory of maps for the trails for the Districts of North and South Kona.} Re: Comm. 395 Intr. by: Ms. Ford Waived: FC Res. 196-07: Authorizes the Corporation Counsel, and His Authorized Representatives, to Enter Into Agreements with the Individually Named Parties, Who are Employees of the County of Hawaii, to Represent Them in the Civil Action Entitled George L. K. "Keoki"Kai, Jr., et al. v. County of Hawaii, et al., Civil No. CV06-00009 DAE/KSC. Re: Comm. 396 Intr. by: Mr. Yagong Waived: FC Res. 197-07: Authorizes the Director of Finance to Negotiate a Lease with the Roman Catholic Church in the State of Hawaii, dba Office for Social Ministry, for the Purpose of Providing Services to Homeless Persons with Terms to Include a Duration of Ten Years at a Set Rental of $10 Per Year. {Office for Social Ministry to provide services to homeless persons at a unit at 189 Wilder Road, Hilo, Hawai`i.} Re: Comm. 397 Intr. by: Mr. Hoffmann Approve: CHA -May 2, 2007 Res. 198-07: Authorizes the Receipt and Expenditure of State Funding Appropriated by the State Legislature Pursuant to Act 178, Session Laws of Hawaii 2005, for Community Anti-Drug Efforts on the Island of Hawaii. {Funds would be used for the following: grassroots community efforts to sustain its anti-drug campaigns, community adolescent drug prevention programs on the Island of Hawaii, community-based substance abuse prevention programs, and community anti-drug efforts aimed at preventing crystal methamphetamine use.} Re: Comm. 401 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-12 Page 8 May 16, 2007 Res. 199-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for the Horizontal Integration Project. {Funds would be used to hire a consultant to design and implement a computer system interface between the Police Department's "Green Box" booking system and the Prosecuting Attorney's Hawaii Information Tracking System (HITS) case tracking system, eliminating double entry of information into the separate systems and improving efficiency for intaking of arrest cases.} Re: Comm. 404 Intr. by: Mr. Yagong Waived: FC Res. 200-07: Authorizes the Receipt and Expenditure of the Funds from the Hawaii State Civil Defense for the Hawaii Fire Department's Participation in the Urban Search & Rescue Program. {Funds would be used to reimburse the Fire Department for travel expenses, subsistence, and overtime expenditures relating to the Urban Search and Rescue Training and Urban Search and Rescue Development Committee activities.} Re: Comm. 405 Intr. by: Mr. Yagong Waived: FC Res. 201-07: Authorizes the Acceptance of the Monetary Contribution from the AT&T Foundation for the Kohala Ditch Repairs. {Funds would be used for restoration of a damaged water flume in Kohala (Kohala Ditch). } Re: Comm. 406 Intr. by: Mr. Yagong Waived: FC Res. 202-07: Abandons Public Auction of Hamakua Lands in Pa`auilo, Tax Map Keys (3)4-3-07:01, 4-3-09:19, 4-3-09:24; 4-3-11:01, and 4-3-11:02, to Enable Hawaii County Residents to Formulate a Plan of Land Disposition to Help Alleviate the Affordable Housing Crisis on Hawaii Island. {Requests the Hamakua Lands Ad Hoc Committee continue its meetings with residents and the County, and shall report its findings to the Council's Finance Committee and submit said report to the Mayor and Finance Director upon completion of these meetings. } Re: Comm. 407 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-12 Page 9 May 16, 2007 Res. 203-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Projects Fund-General (To be allotted to Parks Improvement Project- Council District 7, Old Airport Park-Skateboard Facility). Discretionary funds from District 7 would be used towards a skateboard facility at the Old Airport Park.} Re: Comm. 408 Intr. by: Ms. Ford Waived: FC Res. 204-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Pazks and Recreation Transfer to Capital Projects Fund-General (Parks Improvements for District 7, Higashihara Park). Discretionary funds from District 7 would be used towards repairs and playground equipment for Higashihara Pazk.} Re: Comm. 409 Intr. by: Ms. Ford Waived: FC Res. 205-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $8,500 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Projects Fund-General (To be allotted to Park Improvement Projects - Council District 8 Kailua Pazk -Regulation Baseball Diamond). Discretionary funds from District 8 would be used to purchase sod for the Kailua Park Regulation Baseball Diamond.} Re: Comm. 410 Intr. by: Mr. Pilago Waived: FC Hawaii County Council-12 Page ]0 May 16, 2007 Res. 206-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $55,030 out and from Clerk-Council Services - Contingency Relief account; credits same to Department of Public Works Transfer to Capital Projects Fund-General (To be allotted to Signals, New and Upgrade Kealakehe Elementary School Safety Zone. Discretionary funds from District 8 would be used for the Kealakehe Elementary School Safety Zone project.} Re: Comm. 411 Intr. by: Mr. Pilago Waived: FC Res. 207-07: 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 Parks and Recreation Transfer to Capital Projects Fund-General (To be allotted to Park Improvement Projects -Council District 8, Kona Community Aquatics Center -Lane Lines). Discretionary funds from District 8 would be used to purchase lane lines for the Kona Community Aquatics Center. } Re: Comm. 412 Intr. by: Mr. Pilago Waived: FC Res. 208-07: 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 Department of Environmental Management Transfer to Capital Projects Fund -General (To be allotted to Rural Transfer Station Replacement/Enhancement Waimea Transfer Station Litter Fence). Discretionary funds from District 9 would be used towards the installation of a litter fence at the Waimea Transfer Station.} Re: Comm. 413 Intr. by: Mr. Hoffmann Waived: FC Hawaii County Council-12 Page 11 May 16, 2007 Res. 209-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $33,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Planning Department, Planning Other Current Expense (Community Facilities District Feasibility Study for Waikoloa). Discretionary funds from District 9 would be used to contract with a special tax consultant to present the findings of the Community Facilities District feasibility study for alternative connector roads in Waikoloa Village to members of the community, and to refine the alternative tax scenarios to respond to issues raised during these community meetings.} Re: Comm. 414 Intr. by: Mr. Hoffmann Waived: FC Res. 210-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,770 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Culture and Arts, Class/Activities (Laptop Computer - $1,900, Supplies and Equipment - $3,245, and Ruth Oda Playground Dedication - $1,625, for a total of $6,770). Discretionary funds from District 4 would be used towards the purchase of a laptop computer, supplies, equipment, and for the dedication ceremony at the Ruth Oda Playground at Lincoln Pazk.} Re: Comm. 415 Intr. by: Mr. Higa Waived: FC Res. 211-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $11,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Equipment (Supplies, Equipment, and Computers for Pana`ewa Family Center). Discretionary funds from District 4 would be used towazds the purchase of supplies, equipment, and computers for the Pana`ewa Family Center.} Re: Comm. 416 Intr. by: Mr. Higa Waived: FC (Note: This resolution replaces Resolution 176-07 adopted at the Council's May 2"d meeting, which appropriates funds to the Liquor Control Department. Council Member Stacy K. Higa, requests Resolution 176-07 be reconsidered, which is currently listed under "Other Business" of this agenda.) Hawaii County Council-12 Page 12 May 16, 2007 Res. 212-07: 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 Public Works Transfer to Highway Fund (Ka`u Road Other Current Expense - Kama`oa Road Repairs). Discretionary funds from District 6 would be used for repairs to Kama`oa Road.} Re: Comm. 418 Intr. by: Mr. Jacobson Waived: FC Res. 213-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Prosecuting Attorney's Office, Prosecuting Attorney Other Current Expense (Ka`u Ho`olaulea July 4`" Celebration). Discretionary funds from District 6 would be used as a grant to support the Ka`u Ho`olaulea July 4's Celebration. } Re: Comm. 419 Intr. by: Mr. Jacobson Waived: FC Res. 214-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,870 out and from Clerk-Council Services -Contingency Relief account; credits same to Fire Department Training and Volunteer Fire- Equipment (Ocean View Volunteer-Fire Station Equipment). Discretionary funds from District 6 would be used to purchase emergency equipment for the Ocean View Volunteer Fire Department Company 20 A.} Re: Comm. 420 Intr. by: Mr. Jacobson Waived: FC Res. 215-07: 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 Prosecuting Attorney's Office, Prosecuting Attorney Other Current Expense (Kukulu Kumuhana `O Ka`u Summer Program). Discretionary funds from District 6 would be used as a grant to support the Kukulu Kumuhana `O Ka`u Summer Program.} Re: Comm. 421 Intr. by: Mr. Jacobson Waived: FC Hawaii County Council-12 Page 13 May 16, 2007 Res. 216-07: 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 Prosecuting Attorney's Office, Prosecuting Attorney Other Current Expense (Ka`u Preservation Music Festival). Discretionary funds from District 6 would be used as a grant towards the Ka`u Preservation Music Festival.} Re: Comm. 422 Intr. by: Mr. Jacobson Waived: FC Res. 217-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $24,950 out and from Clerk-Council Services - Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (The Salvation Army-Family Intervention Services-Prevention Programs). Discretionary funds from District 3 would be used towards the Salvation Army-Family Intervention Services- Prevention Programs in Kea`au and Mountain View.} Re: Comm. 423 Intr. by: Mr. Yoshimoto Waived: FC Res. 218-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Research and Development Tourism Promotion (Big Island Resource and Development Council-2"" Annual Hilo-Tribal Powwow). Discretionary funds from District 5 would be used as a grant towards the Big Island Resource and Development Council to provide transportation and housing for the Second Annual Native American, Hilo Inter Tribal Powwow.} Re: Comm. 424 Intr. by: Ms. Naeole Waived: FC 11:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) Hawaii County Council-12 Page 14 May 16, 2007 BILLS FOR ORDINANCES (FIRST READING) Bill 23 Amends Chapter 17, Hawaii County Code 1983 (2005 Edition, as Amended), (Drafr 2): Relating to Plumbing. {Proposed amendments address local conditions/situations and are as follows: 1) format change throughout to model format used by the City and County of Honolulu; 2) permits shall not be required in the case of any replacement work for the following: replacement or repair of garbage disposals, faucets and fixtures, to include sinks, water closets and heaters for non-commercial occupancies only; 3) permits will be required when such repairs do involve or require the replacement or rearrangement of valves or pipes; 4) all repairs or replacement work shall be done by a licensed plumber licensed in the State of Hawaii; and 5) there is no increase in the plumbing permit fees.} Re: Comm. 85.4 Intr. by: Ms. Ford Approve: PWIRC-20 ;and Comm. 85.3 From Public Works Director Bruce C. McClure, dated May 3, 2007, transmitting proposed amendments. Bill 60: Establishes an Operating Budget for the County of Hawaii for the Fiscal Year July 1, 2007, to June 30, 2008. {Proposed $359,100,000 Operating Budget for the County of Hawai`i.} Re: Comm. 193 Intr. by: Mr. Yagong Approve: FC-92 Public Heazings: March 19 and 21, 2007 ;and Comm. 193.26: From Mayor Harry Kim, dated May 4, 2007, transmitting Bill 60, Draft 2. Draft 2 proposes numerous amendments to the previously submitted budget for FY 2007-2008. A narrative summary of the amendments is attached to Communication No. 193.26 (available to the public). This draft revises revenues and expenditures for accounts proposed in Drafr 1 as follows: General Fund (total adjustment+$3,455,000), Highway Fund (total adjustment+$1,617,410), Solid Waste Fund (total adjustment+$100,000), and Housing Fund (total adjustment +$999,800). Drafr 2 proposes 11 new positions, 6 positions with changes in time element, and 1 position with a change in status; and Bill 60 Establishes an Operating Budget for the County of Hawaii for the Fiscal Year (Draft 2): July 1, 2007, to June 30, 2008. {Proposed $365,166,780 Operating Budget for the County of Hawai`i.} Intr. by: Mr. Yagong ;and Comm. 193.28: From Public Works Director Bruce C. McClure, dated May 7, 2007, transmitting a proposed amendment; and Comm. 193.29: From Council Member Emily I. Naeole, dated May 7, 2007, transmitting proposed amendments to Bill 60, Draft 2; and (Comm. 193.30 continues on the next page.) Hawaii County Council-12 Page 15 May 16, 2007 Comm. 193.30: From Clerk Casey Jarman, dated May 7, 2007, transmitting proposed amendments to Bill 60, Draft 2; and Comm. 193.31: From Council Member Donald Ikeda, dated May 7, 2007, transmitting a proposed amendment to Bi1160, Draft 2; and Comm. 193.32: From Council Member Donald Ikeda, dated May 7, 2007, transmitting a proposed amendment to Bill 60, Draft 2; and HSEDC-3 The Committee on Human Services and Economic Development is in accord (Comms. 157 and with the purpose and intent of the funding recommendations of $1,500,000 to 157.4): 55 nonprofit agency programs, as set forth in Communication 157.4 for inclusion in Bill 60, Draft 2, and recommends its adoption. Bill 61: Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007, to June 30, 2008. {Proposed 85 projects totaling $140,575,000 Capital Improvements Project Budget for the County of Hawaii} Re: Comm. 194 Intr. by: Mr. Yagong Approve: FC-93 Public Hearings: March 19 and 21, 2007 ;and Comm. 194.1: From Mayor Harry Kim, dated May 5, 2007, transmitting Bi1161, Draft 2. Drafr 2 proposes 97 projects requiring a total appropriation of 34,837,000. Details are contained in Communication 194.1; and Bill 61 Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1, (Draft 2): 2007, to June 30, 2008. {Proposed $134,837,000 Capital Improvements Project Budget for the County of Hawaii, of which $80,000 are Federal Grants Receivable and $13,534,000 are County-financed through State Revolving Fund loans.} Intr. by: Mr. Yagong ;and Comm. 194.2: From Council Member J Yoshimoto, dated May 7, 2007, transmitting a proposed amendment to Bill 61, Draft 2; and Comm. 194.3: From Council Chair Pete Hoffmann, dated May 8, 2007, transmitting a proposed amendment to Bill 61, Draft 2. Bill 80 Amends Chapter 2, Article 14 of the Hawaii County Code 1983 (2005 Edition) as (Drafr 2): Amended, by Adding a New Section Relating to Authority of the Mass Transit Agency. {Grants the Agency authority to establish rules and regulations necessary for the operation of the public transportation system, including interior advertisements on buses.} Re: Comm. 288.2 Intr. by: Ms. Ford Approve: PWIRC-17 Hawaii County Council-12 Page 16 May 16, 2007 Bill 87: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), Relating to Vehicles and Traffic. {Proposed amendment would make the existing trial left-turn prohibition at the Route 180/Route 11 intersection permanent for south bound motorists between the hours of 3:30 p.m. and 6:30 p.m., Monday through Friday except holidays.} Re: Comm. 336 Intr. by: Ms. Ford (B/R) Approve: PWIRC-19 Bill 88: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in State Grant -Coqui Frog Cost-Sharing Program ($125,000); appropriates same to Coqui Frog Cost-Shazing Program.} Re: Comm. 350 Intr. by: Mr. Yagong Approve: FC-99 Bill 89: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in Federal Grants - Hawaii Fire Department Generator Purchase Grant ($33,299); appropriates same to Hawaii Fire Department Generator Purchase Grant.} Re: Comm. 351 Intr. by: Mr. Yagong Approve: FC-101 Bill 90: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 30, 2007. {Increases revenues in Contribution from Private Source ($12,500); appropriates same to Fireman's Fund Training Grant.} Re: Comm. 352 Intr. by: Mr. Yagong Approve: FC-103 Bill 97: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Federal Grants -Sexual Assault Training Program ($10,002); appropriates same to Sexual Assault Multi-Disciplinary Training. Funds would be used to improve delivery of sexual assault services within the criminal justice system.} Re: Comm. 399 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-12 Page 17 May 16, 2007 Bill 98: Amends Ordinance No. 06-SQ, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Yeaz July 1, 2006 to June 30, 2007. {Adds PUBLIC WORKS: Hilo Roads Guardrail and Retaining Wall Improvements - Federal [$2,400,000] $4.900.000; funds shall be provided from Federal Grants Receivable ($2,500,000). Funds would be used to construct retaining walls, guardrails/handrails, drainage drywells and widen shoulders at various locations in Hilo.} Re: Comm. 400 Intr. by: Mr. Yagong Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 99: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in Healing Our Island ($200,000); appropriates same to Healing Our Island.} Re: Comm. 401 Intr. by: Mr. Yagong Waived: FC Bill 100: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds HOUSING AND COMMUNITY DEVELOPMENT: Waikoloa Workforce Housing Project Pre-development ($6,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($6,000,000). Funds would be used for pre-development, which includes planning, design, legal fees, special studies, and financial analysis that are related to the Waikoloa Workforce Housing Project as a whole and to pre-formation activities of a community facilities district.} Re: Comm. 402 Intr. by: Mr. Yagong Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 101: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 30, 2007. {Increases revenues in Federal Grants -Driving Under the Influence (DUI) and Crash Reconstruction Training ($9,644); appropriates same to DUI and Crash Reconstruction Training. Funds would be used to improve communication between the Prosecuting Attorney's Office and Police Department and to improve the law enforcement system in efforts to enforce traffic offenses.} Re: Comm. 403 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-12 Page 18 May 16, 2007 Bill 102: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in Federal Grants -Horizontal Integration Project ($24,000); appropriates same to Horizontal Integration Project.} Re: Comm. 404 Intr. by: Mr. Yagong Waived: FC Bill 103: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in State Grants -Urban Search and Rescue Program Grant ($6,000); appropriates same to Urban Search and Rescue Program Grant.} Re: Comm. 405 Intr. by: Mr. Yagong Waived: FC Bill 104: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Contribution from Private Source ($100,000); appropriates same to Kohala Ditch Repairs. } Re: Comm. 406 Intr. by: Mr. Yagong Waived: FC 3:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 81 Adopts a Pay Plan for Persons Employed by the County Other Than Those Whose (Drafr 3): Pay is Otherwise Provided for, Designates Payroll Periods, Pay Days, Prescribes Requirements with Respect to Official Fidelity Bonds, and Repeals Ordinance No. 06-83 and All Amendments Thereto, Said Ordinance to be Known as the Salary Ordinance of 2007. {Increases the salary and wages for pay grades and provides for a new position pertaining to the Council's office.} Re: Comm. 305.2 Intr. by: Mr. Hoffmann I~' Reading: May 2, 2007 Hawaii County Council-12 Page 19 May 16, 2007 Bill 91: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Yeaz July 1, 2006 to June 30, 2007. {Adds PUBLIC WORKS: District 2, South Hilo Road and Traffic Safety Improvements ($100,000); funds shall be provided from Clerk-Council Services Contingency Relief ($100,000). Funds would be used for road and traffic safety improvements in District 2, which may include streetlights, smart signs, traffic calming devices, guard rails, and other necessary and appropriate improvements.} Re: Comm. 362 Intr. by: Mr. Ikeda 151 Reading: May 2, 2007 2/3 Vote: Section ]0-6(d), Hawai`i County Charter ;and Comm. 362.1: From Council Member Donald Ikeda, dated May 3, 2007, transmitting Bill 91, Draft 2. Draft 2 amends the fund source to the General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Contingency Relief) account; and Bill 91 Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and (Draft 2): Financing Thereof for the Fiscal Yeaz July 1, 2006 to June 30, 2007. Intr. by: Mr. Ikeda Bill 92: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 30, 2007. {Increases revenues in Wireless Enhanced 911 (E911) Fees ($400,000); appropriates same to Wireless E911. Funds would be used for approved purchases relating to the provision of technical functionality for Wireless E911 service.} Re: Comm. 367 Intr. by: Mr. Yagong 1s' Reading: May 2, 2007 Bil 193: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Housing Voucher Program ($600,000); appropriates same to Voucher Rental Subsidies. Funds would be used for payment of rental assistance for eligible participants of the Office of Housing and Community Development's Housing Voucher Program.} Re: Comm. 368 InV. by: Mr. Yagong 1 s` Reading: May 2, 2007 Hawaii County Council-12 Page 20 May 16, 2007 Bill 94: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Occupant Protection Program ($9,000); appropriates same to Occupant Protection Program. Funds would be used to reduce the fatalities and injuries to front and rear seat occupants aged 17 and under, of motor vehicle collisions by increasing the usage rate of seat belts. } Re: Comm. 369 Intr. by: Mr. Yagong la` Reading: May 2, 2007 Bill 95 Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of (Drafr 2): Hawaii for the Fiscal Year Ending June 3Q 2007. {Increases revenues in the following: Fund Balance from Prior Yeaz -Designated ($331,626.56) and Contributions from Private Source ($23,128), for a total of $354,754.56; appropriates to the following: Manini`owali Project ($2.30), Pualani Estates ($4.43), Ali`i Cove ($1.96), Kohala Ranch Project IV ($292,067.99), Luala`i at Parker Ranch Phase II ($39,549.88), and Wainani Estates Subdivision Phase I ($23,128), for a total of $354,754.56. Funds are "in lieu" fees received from Kohala Ranch, LLC; Parker Ranch; and Wainani 42, LLC, as well as interest income and would be maintained separately and expended in accordance with requirements of their respective housing agreements.} Re: Comm. 370.1 Intr. by: Mr. Hoffmann 151 Reading: May 2, 2007 Bill 318 Amends Chapter 25, Article 2, Division 4, Hawaii County Code 1983 (Draft 2) (2005 Edition, as Amended) by Adding a New Section Related to Concurrency (2004-2006): Conditions. {Adds requirements to existing provisions within the Zoning Code relating to conditions on change of zone ordinances regazding water supply improvements or strategies as specified by the Department of Water Supply as well as transportation improvements or strategies to accommodate the impacts of development on transportation facilities; the above be made concurrent with development associated with any change of zone in order to manage growth and coordinate the delivery of government services in the County.} Re: Comm. 307.14 Intr. by: Mr. Hoffmann Pursuant to Section 25-2-43, Hawaii County Code, recommends to commit to Planning Director and Planning Commission: PC-106 Recommendation to commit failed due to the vote of 3-ayes and 6-noes: September 7, 2006 Pending motion to Reconsider Bill 318 by Ms. Isbell and duly Hawaii County Council-12 Page 21 May 16, 2007 seconded by Mr. Safarik: September 20, 2006 Commits Bill 318 to the Planning Director and Planning Commission: October 16, 2006 Recommits Bill 318 to the Planning Department and Planning Commission: February 21, 2007 (Planning Committee) Postponed: April 18, 2007 ls` Reading: May 2, 2007 Bill 326 Amends Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (Draft 2) (2005 Edition, as Amended), Relating to a University District. {Adds a new (2004-2006): definition of "University" to Section 25-1-5 and a new division entitled "UNV, University District" to Article 7, "Special District Regulations".} Re: Comm. 155.1 Intr. by: Mr. Higa 151 Reading: May 2, 2007 REPORTS EMC-6 Recommends confirmation of Ms. Bobby Jean Leithead-Todd to the position of (Comm. 355): Environmental Management Director. REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-5(a)(4), Hawaii 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 12 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.) Comm. 200.38: REQUEST RECONSIDERATION OF BILL 156, DRAFT 5 (2004-2006) (AFFORDABLE HOUSING REQUIREMENTS FOR INDUSTRIAL PARK DEVELOPMENTS) From Council Member Dominic Yagong, dated May 4, 2007, requesting the reconsideration of Bill 156, Draft 5 (2004-2006); and (Comm. 200.39 continues on the next page.) Hawaii County Council-12 Page 22 May 16, 2007 Comm. 200.39: From Council Member Dominic Yagong, dated May 4, 2007, requesting that in the event the vote to reconsider Bill 156, Draft 5, is successful, Communication 200.31 be agendized; and Bill 156 Amends Chapter 11 (Housing), Article 1, Section 11-4(d), Hawai`i County Code (Draft 5) 1983 (2005 Edition), to Include Affordable Housing Requirements for Industrial (2004-2006): Park Developments. {Requires industrial park developments, consisting of multiple individual enterprises which cumulatively generate over 100 employees on a fulltime equivalent basis, to earn one affordable housing credit for every four fulltime equivalent jobs created; and rezonings to ML, MG, or MCX, approved afrer the effective date of this ordinance with a potential to generate more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalentjobs created.} Re: Comm. 200.30 Intr. by: Mr. Yoshimoto Postponed: November 9 and December 7, 2005 1S1 Reading: March 9, 2007 Held Over Pursuant to Council Rule 26(e): March 21, April 4 and 18, 2007 Filed: May 2, 2007 (due to the vote of 4-ayes and 5-noes) Comm. 360.1: REQUEST RECONSIDERATION OF RESOLUTION 176-07 (PANA`EWA FAMILY CENTER) From Council Member Stacy K. Higa, dated May 9, 2007, requesting the reconsideration of Resolution 176-07. Funds that have been appropriated to the Liquor Control Department for the purchase of educational supplies for the Pana`ewa Family Center must be appropriated to the Parks and Recreation Department instead. Res. 176-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $11,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Department of Liquor Control Public Programs, Miscellaneous Contract Services (Halos Inc. for Pana`ewa Family Center). Discretionary funds from District 4 would be used as a grant towards the Pana`ewa Family Center for the purchase of educational supplies. } Re: Comm. 360 Intr. by: Mr. Higa Waived: FC Adopted: May 2, 2007 Hawaii County Council-12 Page 23 May 16, 2007 ANNOUNCEMENTS THURSDAY, MAY 17, 2007 COUNCIL PUBLIC 6:00 p.m. SHERATON KEAUHOU HEARING RE REAL BAY RESORT & SPA PROPERTY TAX RATES - KONA TUESDAY, MAY 22, 2007 COUNCIL PUBLIC 6:00 p.m. NA`ALEHU HEARING RE BILL 62 COMMUNITY CENTER (Big Island Ventures LLC) THURSDAY, MAY 31, 2007 COMMITTEES TBA COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor FRIDAY, JUNE 1, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, JUNE 5, 2007 COUNCIL PUBLIC 6:00 p.m. SHERATON KEAUHOU HEARING RE BILL 55, BAY RESORT & SPA DRAFT 2 (Kailua Village Business Improvement District No. 1) ADJOURNMENT 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 necessazily 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 May 14, 2007. Persons using TDDs may call 961-8521. Copies of an item listed on the agenda may be viewed at the Hawaii County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 333 Kilauea Avenue, Hilo, Hawaii 96720; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawaii 96740; and at the Waimea Council Members' Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea, Hawaii 96743. Hawaii County Council-12 Page 24 May 16, 2007 V ideoconferencinQ 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. • V ideoconferencing from the Pahoa Neighborhood Facility will not be available. Submittin¢ Testimony: Those persons wishing to testify in person must register with the Council/Clerk's staff. Those testifying in person and submitting written testimony should bring seventeen (171 copies of the testimony for distribution at the meeting. Those persons unable to testify in person may submit testimony (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii 96720, (2) by facsimile to (808) 961-8912, or (3) by e-mail to counciltestimony@co.hawaii.hi.us. Please submit a separate testimony for each item. For testimonies submitted by e-mail or fax, copies will be made and distributed at the meeting when transmitted in a timely manner. In any case, both oral and written testimony will be considered public record. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawaii County Code} A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 333 Kilauea Avenue, Hilo, Hawaii 96720. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, May 23, 2007, at 6 p.m.; Sunday, May 27, 2007, at 10:30 a.m.; and Wednesday, May 3Q, 2007, at 6 p.m.