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HomeMy WebLinkAboutAGE COUNCIL 2007/09/19 2006-2008 o. PETE HOFFMANN "~My BRENDA FORD Chair&VresidingQJficer W%q: STACY K. HIGH DONALD [KEDA K. ANGEL PILAGO BOB JACOBSON Vme Chair '.~~.b4,d:'~~~ EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County ofHawai'i Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 ' Cn 20"' Session r- r-• ORDER OF BUSINESS Hawaii County Council ti Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Wednesday, September 19, 2007 8:30 a.m. INVOCATION Pastor Keith Elliot of Kona Church of God CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 22, 2007 (Nate: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests ojthe People ojOur Island Huwui`i County is an Equal Opportunity Provider and Employer. Hawaii County Council-20 Page 2 September 19, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 169-07 Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of (Draft 3): Punalu`u Beach Park, Ninole Pond and Adjacent Lands in the District of Ka`u, Pursuant to Chapter 2, Article 42, Hawaii County Code. {Acquisition is critical for protecting the natural resources, public access, as well as preserving the habitat for endangered species.}; and FC-129. Res. 303-07: Requests the Mayor to Create a Community Violence Coordinator Position for the Office of the Prosecuting Attorney. {Requests Council Members to commit a portion of their Contingency Relief funds toward the salaries and benefits for this position for the first year and that the Prosecuting Attorney's office fund this position for the subsequent fiscal years.}; and FC-156. Res. 304-07: 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 Management Committee on the Status of Women (Real Women Creative Writing Contest). Contingency Relief funds from District 5 would be used towards the Real Women Creative Writing Contest.}; and FC-157. Res. 305-07: Transfers/Appropriates an Appropriation Out and From [he 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 Management Committee on the Status of Women (Hall of Fame Awards Ceremony). Contingency Relief funds from District 5 would be used towards the Hall of Fame Awards Ceremony to be held on October 6, 2007.}; and FC-158. Res. 306-07: 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 Office of Management Committee on the Status of Women (Teen Dating Violence Peer Education Conference). Contingency Relief funds from District 5 would be used towards the Teen Dating Violence Prevention Peer Education Conference to be held on October 18-19, 2007.};and FC-159. Hawaii County Council-20 Page 3 September 19, 2007 Res. 313-07: Acknowledges Domestic Violence as a Problem that Needs to be Both Claimed and Addressed by the Community. {Social service agencies, governmental agencies, and private individuals can work together for a strategic response, if domestic violence is claimed by the community as a problem.}; and HSEDC-5. Res. 314-07: Authorizes the Grant of Easement for Sewer and Water Line Purposes Affecting and Within Alenaio Lane, Kukuau 2"d, South Hilo, Island of Hawaii, to HJC Development Corporation. {Easement would provide sewer and water line services for the nine-unit apartment complex.}; and PWIRC-32. Res. 315-07: Accepts the Dedication of Lot 6-B, Being a Portion of Tax Map Key:(3)2-2-050:008, Situate at Waiakea, District of South Hilo, County and State of Hawaii, from Edward K. Hirayama and Dianne S. Hirayama. {Dedicates all roadway improvements within Lot 6-B containing an area of 500 square feet.}; and PWIRC-3 3. Res. 322-07: 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 Office of Aging Area Plan on Aging Other Current Expense (Hawai`i State Rural Health Association Annual Conference). Contingency Relief funds from District 5 would be used for the Hawaii State Rural Health Association's Annual Conference to be held on October 24-26, 2007.} Res. 323-07: 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 Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific Supplies Account (Pu`u`eo Community Center). Contingency Relief funds from District 2 would be used to defray expenses related to the Halloween program to be held at the Pu`u`eo Community Center.} Res. 324-07: 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 Office of Management Committee on the Status of Women (Teen Violence Education Program). Contingency Relief funds from District 6 would be used to support the "Teen Violence" Education Program.} Hawaii County Council-20 Page 4 September 19, 2007 Res. 325-07: 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 Parks and Recreation Aquatics Pools Equipment (Automated External Defibrillator for Pahala Pool). Contingency Relief funds from District 6 would be used for the purchase of an Automated External Defibrillator } Res. 326-07: 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 Research and Development Tourism Promotion (Peace Day Parade). Contingency Relief funds from District 6 would be used to support the Peace Day Parade.} Res. 327-07: 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 Department of Parks and Recreation, Recreation Division Other Current Expense (Council District 1 Tables/Chairs). Contingency Relief funds from District 1 would be used towards the purchase of tables and chairs for the Papa`aloa, Pa`auilo, and Wainaku gyms and the Kula`imano Center in the Hamakua District.} Res. 328-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $18,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Mass Transit Agency Mass Transit Other Current Expense (Ocean View Community Association). Contingency Relief funds from District 6 would be used to support the Ocean View Community Association. } Res. 333-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $17,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Fire Department Fire Protection- Equipment, Office Equipment-Fixtures (Lockers and Storage Cabinets for Kawailani Fire Station). Contingency Relief funds from District 4 would be used towards the purchase of new lockers and storage cabinets at the Kawailani Fire Station. } Hawaii County Council-20 Page 5 September 19, 2007 Res. 334-07: 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 Planning, Planning Other Current Expense, Miscellaneous Contract Services (Envision Downtown Hilo 2025, Phase II). Contingency Relief funds from District 4 would be used for the Envision Downtown Hilo 2025 VisionKeepers.} Res. 335-07: 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 Research and Development Agriculture Research and Development Other Current Expense (Food Summit). Contingency Relief funds from District 6 would be used to support the Food Summit.} Res. 336-07: 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 Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific Supplies (Netting for Batting Cage Francis Wong Stadium). Contingency Relief funds from District 4 would be used towards the purchase of netting for the batting cage at Francis Wong Stadium.} Res. 337-07: 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 Department of Research and Development Agricultural Research and Development Other Current Expense (The Kohala Center, The Hawaii Island Food Summit). Contingency Relief funds from District 7 would be used towards costs associated with The Kohala Center, "Hawai`i Island Food Summit" to be held on October 5-6, 2007.} 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 152: Amends Chapter 2, Article 25, Section 2-142 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Records, Reporting, and Fiscal Accountability Requirements. {Requires nonprofit organizations to submit written reports to the County Council rather than the Legislative Auditor.}; and HSEDC-4. Hawaii County Council-20 Page 6 September 19, 2007 Bill 1 S3: Authorizes the Issuance of General Obligation Bonds of the County of Hawaii in a Principal Amount Not to Exceed $147,000 for the Purpose of Funding a Portion of the Costs of a Water Department Project Referred to as the Andrade Camp Waterline Improvements; Fixing the Form, Denominations, and Certain Other Details of Such Bonds and Providing for the Sale Thereof; and Authorizes the Taking of Other Actions Relating to the Issuance and Sale of the Bonds. {Grant amount not to exceed $S 10,000 and for a loan amount of $147,000.}; and FC-160. Bill 1 S4: 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: Konawaena Swimming Pool Improvements ($750,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($750,000). Re-appropriates this project's funding into this fiscal year as well as increasing it from $500,000 to $750,000 to ensure sufficient appropriation capacity is available to execute the construction contract upon execution of the re-bid and to allow for some contingency in the bid process and during construction to accommodate increases in costs, unforeseen conditions, or take advantage of additional work that may become necessary.}; and FC-161. Bill 1 SS: 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: NAS Swimming Pool Renovations ($250,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($250,000). Funds would be used to repair the NAS Swimming Pool facility.}; and FC-162. Bill 1 S6: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July I, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: Komohana Heights Large Capacity Cesspool Replacement-County [$350,000] $1,658,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,308,000). Additional funds are needed due to increased design and construction costs and the replacement of the State Revolving Fund funding for this project (with County funds).}; and FC-163. Bill 1 S7: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: Kealakehe Wastewater Treatment Plant Sludge Removal -County [$600,000] $4,600,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($4,000,000). State Revolving Fund (SRF) funding will not be available for this project ($600,000 was previously appropriated for the County's share of this project). The additional $4,000,000 represents the previous SRF portion, bringing the total appropriation to $4,600,000.};and FC-164. Hawaii County Council-20 Page 7 September 19, 2007 Bill 158: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Adds ENVIRONMENTAL MANAGEMENT: Kealakehe Wastewater Treatment Plant Aeration Upgrade-County ($],950,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,950,000). State Revolving Fund (SRF) funding will not be available for this project and will come from the County instead. Funds would be used to replace existing blowers, expand the Operations Building to house the new blowers, electrical work for the upgraded blowers, replace aeration piping to the existing lagoons, and replace existing air diffusers in the lagoons.}; and FC-165. Bill 159: 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 ENVIRONMENTAL MANAGEMENT: Kealakehe Wastewater Treatment Plant Master Plan ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($500,000). Funds would be used for a Master Plan for upgrading of the Kealakehe Wastewater Treatment Plant to ensure that a plan is in place for upgrading of the facility as flows to the facility increase.}; and FC-166. Bill 160: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: Queen Lili`uokalani Village Large Capacity Cesspool Replacement -County [$500,000] 850 000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($350,000). Additional funds for the design is needed since realignment of the existing Sewer Collection System is required in order to connect the Queen Lili`uokalani Village subdivision to the Kona Sewer System at Keanalehu Street (due to the difficult topography in the project area).}; and FC-167. Bill 161: Authorizes the Mayor of the County of Hawaii to Enter Into an Intergovernmental Agreement for a State Water Pollution Control Revolving Fund Loan for Wastewater Public Improvement Projects; and Authorizes the Issuance of $24,096,351 General Obligation Bonds of the County of Hawaii for the Purpose of Financing Qualified Wastewater Public Improvements of the County of Hawaii. {Funds would be used for the following Department of Environmental Management projects: Honoka`a Large Capacity Cesspool Replacement ($10,163,172) and Na`alehu and Pahala Large Capacity Cesspool Replacement ($13,933,179).}; and FC-168. Bill 162: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: Honoka`a Large Capacity Cesspool Replacement -State Revolving Fund [$5,000,000] 7 000 000; funds shall be provided from State Revolving Funds ($2,000,000). Additional funds would be used for the anticipated remedial construction work associated with portions of the existing Lehua Trunk sewer.}; and FC-169. Hawaii County Council-20 Page 8 September 19, 2007 Bill 163: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Transfer from General Fund ($20,000); appropriates same to Traffic Division Equipment (Two Smart Signs for North Kulani Road in District 3). Funds would be used to install two smart signs in Council District 3 (North Kulani Road in Mountain View).}; and FC-170. Bill 164 Amends Ordinance No. 97-56, Which Reclassified Lands from Agricultural - (Draft 2): 5 Acre (A-Sa) to Single Family Residential - 10,000 Square Feet (RS-10) at Kalaoa 4'~', North Kona, Hawaii, Covered by Tax Map Key:7-3-028:082 - 102 (Formerly 7-3-010:037) (Request: 5-Year Time Extension to Condition D; approx. 10.2830 acres). {RS10 Kalaoa, LLC, Applicant.}; and PC-45. Bill 165: Planning Director Initiated: Amends Chapter 25, Zoning Code, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Retail Establishments. {Creates a "superstore" zoning district, which would be the only zoning district where a "superstore" would be allowed.}; and PC-46. Bill 167: County Council Initiated: Amends Chapter 25, Zoning Code, Hawaii Coun[y Code 1983 (2005 Edition, as Amended), Relating to Retail Establishments. {Proposed amendment to Chapter 25 would not permit "superstores" in any zoning district. ("Superstore" means a business exceeding 90,000 gross square feet, offering for sale more than 25,000 different stock keeping units, and dedicating more than 20,000 gross square feet of floor area to the sale of groceries).} 2:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 125 Amends Ordinance No. 93-101, Which Reclassified Lands from Office Commercial (Draft 2): - 20,000 Square Feet (CO-20) to General Commercial - 20,000 Square Feet (CG-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-021:007 (Formerly 2-2-021:007 and 046) (approx. 20,812 square feet). {Brian and Ramona Sakamoto, Applicants.} Bill 126: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 3 Acre (A-3a) to Family Agricultural - 2 Acre (FA-2a) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-5-040:018 (approx. 4.852 acres). {Francis H. and Martha A. Rodillas, Applicants.} Hawaii County Council-20 Page 9 September 19, 2007 Bill 137: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 10,000 Square Feet (RS-10) to Industrial-Commercial Mixed - 20,000 Square Feet (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-036:090 (approx. 22,500 square feet). {Cynthia Kuulei Thomas, Applicant.} Bill 138 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 1 Acre (A-la) to Neighborhood Commercial - 20,000 Square Feet (CN-20) at Ponahawai, South Hilo, Hawaii, Covered by Tax Map Key:2-3-037:009 (approx. 1.020 acres). {Guy Nakao, Applicant.} Bill 141: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Specialized Investigative Training ($39,865); appropriates same to Specialized Investigative Training Grant.} Bill 142: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: North Kona Sewer-County [$500,000] $3,960,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($3,460,000). Additional funds are due to anticipated increased project costs and would be used to cover contingency, construction, engineering, and administration costs.} Bill 143: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: North Kona Effluent Reuse Upgrade - County [$766,000] 4 861 000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($4,095,000). Additional funds are due to anticipated increased project costs and would be used to cover contingency, construction, engineering, and administration costs.} Bill 145: Amends Chapter 18, Article 4, Division 1, Subsection 18-90(H), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Public Transportation. {Extends the original two-year time period of the designated transportation kokua zone until December 31, 2009.} Bill 146: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants - Hawaii Anti-Trafficking Task Force ($15,000); appropriates same to Hawaii Anti-Trafficking Task Force.} Hawaii County Council-20 Page 10 September 19, 2007 Bill 147: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Law Enforcement Investigations Standby Pay ($32,486); appropriates same to Law Enforcement Investigations Standby Pay.} Bill 148: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Sexual Assault Forensic Examiner (SAFE) Standby Pay ($23,484); appropriates same [o SAFE Standby Pay.} Bill 149: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Sexual Assault Forensic Examiner (SAFE) Training Grant ($51,600); appropriates same to SAFE Training Grant.} Bill 150 Amends Chapter 32, Articles 2, 5, and 6, of the Hawaii County Code 1983 (Draft 2): (2005 Edition, as Amended) Relating to Community Facilities Districts. Bill 166: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants-Disaster Recovery Coordinators ($160,250); appropriates same to Disaster Recovery Coordinators.} REPORTS 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 11 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council-20 Page 11 September 19, 2007 ANNOUNCEMENTS TUESDAY, OCTOBER 2, 2007 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, OCTOBER 3, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, OCTOBER 16, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, OCTOBER 17, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA 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 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 September 17, 2007. Persons using TDDs may call 961-8521. Copies of an item listed on the agenda may be viewed at [he 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. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") § 92-3.5, the Hawaii County Council will be conducting its September 19, 2007, meeting via videoconference. Council Members will be present at the following locations: County Council Room -Ben Franklin Tower, 2nd Floor, 333 Kilauea Avenue, Hilo, HI 96720 Sheraton Keauhou Bay Resort and Spa, 78-128 Ehukai Street, Kailua-Kona, HI 96740. Videoconferencine is available at the following locations: • Hilo Council Room at the Ben Franklin Building, Second Floor; and • Waimea Council Office at the Holomua Center. Hawaii County Council-20 Page 12 September 19, 2007 If audio stream is lost for more than a short period of time, the meeting will be terminated. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. Submitting_Testimony: Those persons wishing to testify in person at any of the three sites must register with the Council/Clerk's staff. Those testifying in person and submitting written testimony should bring seventeen (17) 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 2-913(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 2-913(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, September 26, 2007, at 6 p.m.; Sunday, September 30, 2007, at 1030 a.m.; and Wednesday, October 3, 2007, at 6 p.m. PETE HOFFMANN "<r or N~ BRENDA FORD , h' STACY K. HIGA Chair & Presiding Officer ~ DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON Vice Chair EMILY L NAEOLE err °r DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County ofHawai i Hawaii County Building 25 Aupuni Street Hilo, Hawai `i 96720 20"' Session ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Annotated Version (This is an unofficial annotated version of the agenda for use by Council Members and departmental officials.) Wednesday, September 19, 2007 8:30 a.m. INVOCATION Pastor Keith Elliot of Kona Church of God CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF M[NUTES February 22, 2007 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving t/:e Interests of the People of Our Island Huwai`i County is an Equal Opportunity Provider and Employer. Hawaii County Council-20 Page 2 September 19, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 169-07 Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of (Drafr 3): Punalu`u Beach Park, Ninole Pond and Adjacent Lands in the District of Ka`ii, Pursuant to Chapter 2, Article 42, Hawaii County Code. {Acquisition is critical for protecting the natural resources, public access, as well as preserving the habitat for endangered species.} Re: Comm. 349.543 Intr. by: Mr. Jacobson Approve: FC-129 Postponed: July 25, 2007 ;and Comms. 349.880 thru 349.904, and 349.907. (Note: There is a pending motion by Mr. Jacobson and duly seconded by Mr. Pilago to approve Resolution 169-07, Draft 3.) Res. 303-07: Requests the Mayor to Create a Community Violence Coordinator Position for the Office of the Prosecuting Attorney. {Requests Council Members to commit a portion of their Contingency Relief funds toward the salaries and benefits for this position for the first year and that the Prosecuting Attorney's office fund this position for the subsequent fiscal years.} Re: Comm. 605 Intr. by: Ms. Naeole Approve: FC-156 Res. 304-07: 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 Management Committee on the Status of Women (Real Women Creative Writing Contest). Contingency Relief funds from District 5 would be used towards the Real Women Creative Writing Contest.} Re: Comm. 608 Intr. by: Ms. Naeole Approve: FC-157 Hawaii County Council-20 Page 3 September 19, 2007 Res. 305-07: 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 Management Committee on the Status of Women (Hall of Fame Awards Ceremony). Contingency Relief funds from District 5 would be used towards the Hall of Fame Awards Ceremony to be held on October 6, 2007.} Re: Comm. 609 Intr. by: Ms. Naeole Approve: FC-158 Res. 306-07: 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 Office of Management Committee on the Status of Women (Teen Dating Violence Peer Education Conference). Contingency Relief funds from District 5 would be used towards the Teen Dating Violence Prevention Peer Education Conference to be held on October 18-19, 2007. } Re: Comm. 610 Intr. by: Ms. Naeole Approve: FC-159 Res. 313-07: Acknowledges Domestic Violence as a Problem that Needs to be Both Claimed and Addressed by the Community. {Social service agencies, governmental agencies, and private individuals can work together for a strategic response, if domestic violence is claimed by the community as a problem.} Re: Comm. 619 Intr. by: Ms. Naeole Approve: HSEDC-5 Res. 314-07: Authorizes the Grant of Easement for Sewer and Water Line Purposes Affecting and Within Alenaio Lane, Kukuau 2"d, South Hilo, Island of Hawaii, to HJC Development Corporation. {Easement would provide sewer and water line services for Che nine-unit apartment complex.} Re: Comm. 620 Intr. by: Ms. Ford (B/R) Approve: PWIRC-32 Hawaii County Council-20 Page 4 September 19, 2007 Res. 315-07: Accepts the Dedication of Lot 6-B, Being a Portion of Tax Map Key:(3)2-2-050:008, Situate at Waiakea, District of South Hilo, County and State of Hawaii, from Edward K. Hirayama and Dianne S. Hirayama. {Dedicates all roadway improvements within Lot 6-B containing an area of 500 square feet.} Re: Comm. 621 Intr. by: Ms. Ford (B/R) Approve: PWIRC-33 Res. 322-07: 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 Office of Aging Area Plan on Aging Other Current Expense (Hawai`i State Rural Health Association Annual Conference). Contingency Relief funds from District 5 would be used for the Hawaii State Rural Health Association's Annual Conference to be held on October 24-26, 2007.} Re: Comm. 644 Intr. by: Ms. Naeole Waived: FC Res. 323-07: 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 Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific Supplies Account (Pu`u`eo Community Center). Contingency Relief funds from District 2 would be used to defray expenses related to the Halloween program to be held at the Pu`u`eo Community Center.} Re: Comm. 646 Intr. by: Mr. Ikeda Waived: FC Res. 324-07: 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 Office of Management Committee on the Status of Women (Teen Violence Education Program). Contingency Relief funds from District 6 would be used to support the "Teen Violence" Education Program.} Re: Comm. 647 Intr, by: Mr. Jacobson Waived: FC Hawaii County Council-20 Page 5 September 19, 2007 Res. 325-07: 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 Parks and Recreation Aquatics Pools Equipment (Automated External Defibrillator for Pahala Pool). Contingency Relief funds from District 6 would be used for the purchase of an Automated External Defibri I lator. } Re: Comm. 648 Intr. by: Mr. Jacobson Waived: FC Res. 326-07: 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 Research and Development Tourism Promotion (Peace Day Parade). Contingency Relief funds from District 6 would be used to support the Peace Day Parade.} Re: Comm. 649 Intr. by: Mr. Jacobson Waived: FC Res. 327-07: 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 Department of Parks and Recreation, Recreation Division Other Current Expense (Council District ITables/Chairs). Contingency Relief funds from District 1 would be used towards the purchase of tables and chairs for the Papa`aloa, Pa`auilo, and Wainaku gyms and the Kula`imano Center in the Hamakua District.} Re: Comm. 650 Intr. by: Mr. Yagong Waived: FC Res. 328-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $18,000 out and from Clerk-Council Services- Contingency Relief account; credits same to Mass Transit Agency Mass Transit Other Current Expense (Ocean View Community Association). Contingency Relief funds from District 6 would be used to support the Ocean View Community Association. } Re: Comm. 655 Intr. by: Mr. Jacobson Waived: FC Hawaii County Council-20 Page 6 September 19, 2007 Res. 333-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $17,000 out and from Clerk-Council Services- Contingency Relief account; credits same to Fire Department Fire Protection- Equipment, Office Equipment-Fixtures (Lockers and Storage Cabinets for Kawailani Fire Station). Contingency Relief funds from District 4 would be used towards the purchase of new lockers and storage cabinets at the Kawailani Fire Station. } Re: Comm. 667 Intr. by: Mr. Higa Waived: FC Res. 334-07: 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 Planning, Planning Other Current Expense, Miscellaneous Contract Services (Envision Downtown Hilo 2025, Phase II). Contingency Relief funds from District 4 would be used for the Envision Downtown Hilo 2025 VisionKeepers.} Re: Comm. 668 Intr. by: Mr. Higa Waived: FC Res. 335-07: 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 Research and Development Agriculture Research and Development Other Current Expense (Food Summit). Contingency Relief funds from District 6 would be used to support the Food Summit. } Re: Comm. 669 Intr. by: Mr. Jacobson Waived: FC Hawaii County Council-20 Page 7 September 19, 2007 Res. 336-07: 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 Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific Supplies (Netting for Batting Cage Francis Wong Stadium). Contingency Relief funds from District 4 would be used towards the purchase of netting for the batting cage at Francis Wong Stadium. } Re: Comm. 670 Intr. by: Mc Higa Waived: FC Res. 337-07: 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 Department of Research and Development Agricultural Research and Development Other Current Expense (The Kohala Center, The Hawaii Island Food Summit). Contingency Relief funds from District 7 would be used towards costs associated with The Kohala Center, "Hawai`i Island Food SummiP' to beheld on October 5-6, 2007.} Re: Comm. 671 Intr. by: Ms. Ford Waived: FC 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 152: Amends Chapter 2, Article 25, Section 2-142 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Records, Reporting, and Fiscal Accountability Requirements. {Requires nonprofit organizations to submit written reports to the County Council rather than the Legislative Auditor. } Re: Comm. 611 Intr. by: Ms. Naeole Approve: HSEDC-4 Hawaii County Council-20 Page 8 September 19, 2007 Bill 153: Authorizes the Issuance of General Obligation Bonds of the County of Hawaii in a Principal Amount Not to Exceed $147,000 for the Purpose of Funding a Portion of the Costs of a Water Department Project Referred to as the Andrade Camp Waterline Improvements; Fixing the Form, Denominations, and Certain Other Details of Such Bonds and Providing for the Sale Thereof; and Authorizes the Taking of Other Actions Relating to the Issuance and Sale of the Bonds. {Grant amount not to exceed $510,000 and for a loan amount of $147,000.} Re: Comm. 622 Intr. by: Mr. Yagong Approve: FC-160 Bill 154: 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: Konawaena Swimming Pool Improvements ($750,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($750,000). Re-appropriates this project's funding into this fiscal year as well as increasing it from $500,000 to $750,000 to ensure sufficient appropriation capacity is available to execute the construction contract upon execution of the re-bid and to allow for some contingency in the bid process and during construction to accommodate increases in costs, unforeseen conditions, or take advantage of additional work that may become necessary. } Re: Comm. 623 Intr. by: Ms. Ford Approve: FC-161 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 155: 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: NAS Swimming Pool Renovations ($250,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($250,000). Funds would be used to repair the NAS Swimming Pool facility.} Re: Comm. 624 Intr. by: Mr. Yagong Approve: FC-162 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-20 Page 9 September 19, 2007 Bill 156: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: Komohana Heights Large Capacity Cesspool Replacement -County [$350,000] $1,658,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,308,000). Additional funds are needed due to increased design and construction costs and the replacement of the State Revolving Fund funding for this project (with County funds).} Re: Comm. 625 Intr. by: Mr. Yagong Approve: FC-163 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 157: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: Kealakehe Wastewater Treatment Plant Sludge Removal -County [$600,000] 4 600 000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($4,000,000). State Revolving Fund (SRF) funding will not be available for this project ($600,000 was previously appropriated for the County's share of this project). The additional $4,000,000 represents the previous SRF portion, bringing the total appropriation to $4,600,000.} Re: Comm. 626 Intr. by: Mr. Yagong Approve: FC-164 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 158: 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 ENVIRONMENTAL MANAGEMENT: Kealakehe Wastewater Treatment Plant Aeration Upgrade -County ($1,950,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,950,000). State Revolving Fund (SRF) funding will not be available for this project and will come from the County instead. Funds would be used to replace existing blowers, expand the Operations Building to house the new blowers, electrical work for the upgraded blowers, replace aeration piping to the existing lagoons, and replace existing air diffusers in the lagoons.} Re: Comm. 627 Intr. by: Mr. Yagong Approve: FC-165 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-20 Page 10 September 19, 2007 Bill 159: 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 ENVIRONMENTAL MANAGEMENT: Kealakehe Wastewater Treatment Plant Master Plan ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($500,000). Funds would be used for a Master Plan for upgrading of the Kealakehe Wastewater Treatment Plant to ensure that a plan is in place for upgrading of the facility as flows to the facility increase.} Re: Comm. 628 Intr. by: Mr. Yagong Approve: FC-166 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 160: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: Queen Lili`uokalani Village Large Capacity Cesspool Replacement -County [$500,000] 850 000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($350,000). Additional funds for the design is needed since realignment of the existing Sewer Collection System is required in order to connect the Queen Lili`uokalani Village subdivision to the Kona Sewer System at Keanalehu Street (due to the difficult topography in the project area).} Re: Comm. 629 Intr. by: Mr. Yagong Approve: FC-167 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 161: Authorizes the Mayor of the County of Hawaii to Enter Into an Intergovernmental Agreement for a State Water Pollution Control Revolving Fund Loan for Wastewater Public Improvement Projects; and Authorizes the Issuance of $24,096,351 General Obligation Bonds of the County of Hawaii for the Purpose of Financing Qualified Wastewater Public Improvements of the County of Hawaii. {Funds would be used for the following Department of Environmental Management projects: Honoka`a Large Capacity Cesspool Replacement ($10,163,172) and Na`alehu and Pahala Large Capacity Cesspool Replacement ($13,933,179).} Re: Comm. 630 Intr. by: Mr. Yagong Approve: FC-168 Hawaii County Council-20 Page 11 September 19, 2007 Bill 162: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: Honoka`a Large Capacity Cesspool Replacement -State Revolving Fund [$5,000,000] $7.000,000; funds shall be provided from State Revolving Funds ($2,000,000). Additional funds would be used for the anticipated remedial construction work associated with portions of the existing Lehua Trunk sewer.} Re: Comm. 631 Intr. by: Mr. Yagong Approve: FC-169 2/3 Vote: Section ] 0-6(d), Hawai`i County Charter Bill 163: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Transfer from General Fund ($20,000); appropriates same to Traffic Division Equipment (Two Smart Signs for North Kulani Road in District 3). Funds would be used to install two smart signs in Council District 3 (North Kulani Road in Mountain View). } Re: Comm. 632 Intr. by: Mc Yoshimoto Approve: FC-170 Bill 164 Amends Ordinance No. 97-56, Which Reclassified Lands from Agricultural - (Draft 2): 5 Acre (A-Sa) to Single Family Residential - 10,000 Square Feet (RS-] 0) at Kalaoa 4'~', North Kona, Hawaii, Covered by Tax Map Key:7-3-028:082 - 102 (Formerly 7-3-010:037) (Request: 5-Year Time Extension to Condition D; approx. 10.2830 acres). {RS10 Kalaoa, LLC, Applicant.} Re: Comm. 633.2 Intr. by: Mr. Pilago Approve: PC-45 Bill 165: Planning Director Initiated: Amends Chapter 25, Zoning Code, Hawaii County Cade 1983 (2005 Edition, as Amended), Relating to Retail Establishments. {Creates a "superstore" zoning district, which would be the only zoning district where a "superstore" would be allowed.} Re: Comm. 634 Intr. by: Mr. Pilago Negative: PC-46 Hawaii County Council-20 Page 12 September 19, 2007 Bill 167: County Council Initiated: Amends Chapter 25, Zoning Code, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Retail Establishments. {Proposed amendment to Chapter 25 would not permit "superstores" in any zoning district. ("Superstore" means a business exceeding 90,000 gross square feet, offering for sale more than 25,000 different stock keeping units, and dedicating more than 20,000 gross square feet of floor area to the sale of groceries).} Re: Comm. 32.36 Intr. by: Mr. Higa ;und Comm. 32.35 From Mayor Harry Kim, dated July 23, 2007, transmitting letters and enclosures from the Planning Commission regarding the above matter. (Due to the Zack of five affirmative votes, the Planning Commission forwards an unfavorable recommendation.) 2:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 125 Amends Ordinance No. 93-101, Which Reclassified Lands from Office Commercial (Draft 2): - 20,000 Square Feet (CO-20) to General Commercial - 20,000 Square Feet (CG-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-021:007 (Formerly 2-2-021:007 and 046) (approx. 20,812 square feet). {Brian and Ramona Sakamoto, Applicants.} Re: Comm. 508.2 Intr. by: Mr. Pilago I s' Reading: September 6, 2007 Bill 126: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 3 Acre (A-3a) to Family Agricultural - 2 Acre (FA-2a) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-5-040:018 (approx. 4.852 acres). {Francis H. and Martha A. Rodillas, Applicants.} Re: Comm. 509 Intr. by: Mr. Hoffmann 1'" Reading: September 6, 2007 Hawaii County Council-20 Page 13 September 19, 2007 Bill 137: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 10,000 Square Feet (RS-10) to Industrial-Commercial Mixed- 20,000 Square Feet (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-036:090 (approx. 22,500 square feet). {Cynthia Kuulei Thomas, Applicant.} Re: Comm. 563 Intr. by: Mr. Pilago 1 s` Reading: September 6, 2007 BiII 138 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 1 Acre (A-1 a) to Neighborhood Commercial - 20,000 Square Feet (CN-20) at Ponahawai, South Hilo, Hawaii, Covered by Tax Map Key:2-3-037:009 (approx. 1.020 acres). {Guy Nakao, Applicant.} Re: Comm. 564.2 Intr. by: Mr. Pilago l~` Reading: September 6, 2007 Bill 141: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Specialized Investigative Training ($39,865); appropriates same to Specialized Investigative Training Grant.} Re: Comm. 583 Intr. by: Mr. Yagong l~' Reading: September 6, 2007 Bill 142: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: North Kona Sewer-County [$500,000] $3,960,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($3,460,000). Additional funds are due to anticipated increased project costs and would be used to cover contingency, construction, engineering, and administration costs.} Re: Comm. 585 Intr. by: Mr. Yagong l~` Reading: September 6, 2007 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-20 Page 14 September 19, 2007 Bill 143: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July I, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: North Kona Effluent Reuse Upgrade - County [$766,000] $4,861,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($4,095,000). Additional funds are due to anticipated increased project costs and would be used to cover contingency, constriction, engineering, and administration costs.} Re: Comm. 586 Intr. by: Mr. Yagong 1 s' Reading: September 6, 2007 2/3 Vote: Section ] 0-6(d), Hawai`i County Charter Bill 145: Amends Chapter 18, Article 4, Division 1, Subsection 18-90(H), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Public Transportation. {Extends the original two-year time period of the designated transportation kokua zone until December 31, 2009.} Re: Comm. 591 Intr. by: Mr. Hoffmann ls' Reading: September 6, 2007 Bill 146: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 3Q 2008. {Appropriates revenues in Federal Grants - Hawaii Anti-Trafficking Task Force ($15,000); appropriates same to Hawaii Anti-Trafficking Task Force.} Re: Comm. 593 Intr. by: Mr. Yagong 1"Reading: September 6, 2007 Bill 147: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Law Enforcement Investigations Standby Pay ($32,486); appropriates same to Law Enforcement Investigations Standby Pay.} Re: Comm. 594 Intr. by: Mr. Yagong 1 Reading: September 6, 2007 ~ Hawaii County Council-20 Page I S September 19, 2007 Bill 148: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Sexual Assault Forensic Examiner (SAFE) Standby Pay ($23,484); appropriates same to SAFE Standby Pay.} Re: Camm.595 Intr. by: Mr. Yagong ls' Reading: September 6, 2007 Bill 149: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Sexual Assault Forensic Examiner (SAFE) Training Grant ($51,600); appropriates same to SAFE Training Grant.} Re: Comm. 596 Intr. by: Mr. Yagong ls` Reading: September 6, 2007 Bill 150 Amends Chapter 32, Articles 2, 5, and 6, of the Hawaii County Code 1983 (Draft 2): (2005 Edition, as Amended) Relating to Community Facilities Districts. Re: Comm. 597.2 Intr. by: Mc Yagong ls' Reading: September 6, 2007 Bill 166: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Disaster Recovery Coordinators ($160,250); appropriates same to Disaster Recovery Coordinators.} Re: Comm. 637 Intr. by: Mr. Yagong l~' Reading: September 6, 2007 REPORTS 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 1 1 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Hawaii County Council-20 Page 16 September 19, 2007 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, OCTOBER 2, 2007 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, OCTOBER 3, 2007 COUNCIL 9:OOa.m. COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, OCTOBER 16, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, OCTOBER 17, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA 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 necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for [his meeting should call 961-8255 by September 17, 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. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") § 92-3.5, the Hawaii County Council will be conducting its September 19, 2007, meeting via videoconference. Council Members will be present at the following locations: County Council Room -Ben Franklin Tower, 2nd Floor, 333 Kilauea Avenue, Hilo, HI 96720 Sheraton Keauhou Bay Resort and Spa, 78-128 Ehukai Street, Kailua-Kona, HI 96740. Hawaii County Council-20 Page 17 September 19, 2007 VideoconferencinQ is available at the following locations: • Hilo Council Room at the Ben Franklin Building, Second Floor; and • Waimea Council Office at the Holomua Center. If audio stream is lost for more than a short period of time, the meeting will be terminated. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. Submittine Testimony: Those persons wishing to testify in person at any of the three sites must register with the Council/Clerk's staff. Those testifying in person and submitting written testimony should bring seventeen (17) 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 counciltestimorry@co.hawail.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 [o Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-913(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 2-913(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, September 26, 2007, at 6 p.m.; Sunday, September 30, 2007, at 10:30 a.m.; and Wednesday, October 3, 2007, at 6 p.m.