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HomeMy WebLinkAboutAGE COUNCIL 2007/10/03 2006-2008 PETL I IOFFMANN o"`•~ BRENDA FORD ~p.'y ('hour ~e-1'rr~rding U/!l a-r ~6~~ STACY K. RIGA DONALDIKEDA I<. ANGLL PILAGO BOB JACOBSON i,~, ~'h~,~~~ ?'•7r EMILY 1. NAEOLF DOMINIC YAGONG J YOSHIMO'I~O COUNTY COUNCIL CU71V!ly' of Hawai'! HaH~ui'i Coun~n l3nfhlinK 3J .d api~nf Slreel Hilo. //ou~oi'i 96??0 ~ I Se5510? ORDER OF BUSINESS I lawai'i County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, October 3, 2007 8:30 a.m. INVOCA~IION Pastor Richard Uejo of KMC Chapel and Heritage Fellowship CALL TO ORDER ROIL CALL PI.EDGI~:OF ALLEGIANCE APPROVAL OF MINUTES February 7 and August 22, 2007 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of Uve People ojOur !s(rurd //awai'i Cnunly is an Equal Opporluaity Provider and E~nplgper. I la~~ai'i County Council-21 Page 2 October 3, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRF,SSIONS OF CONDOLENCE 8:3U .4.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICA"LIONS Comm. 589.1: ESTABLISHMEN'T' OF A TASK FORCE'f0 DISCUSS IMPLEMENTA"fION OF RESOLUTION 295-07 _ _ From Council Chair Pete Hoffmann, dated September 21, 2007, recommending a process for the establishment of a taskforce to discuss implementation of Resolution 295-07 (adopted by the Council on September 6, 2007) to hire a legislative liaison to represent the Council at the 2008 State Legislature. Comm. 68d: HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLA'T'IVE PRIORITIES FOR HAWAII COUNTY From Council Member Bob Jacobson, dated September 20, 2007, transmitting suggested legislation for inclusion in the HSAC legislative priorities packet, relating to: product labeling, agricultural products, invasive species, public safety, and providing low interest loans to counties for capital improvement projects. ORDER OF RESOLUTIONS Res. 3 16-07: Urges the State Legislature and the Governor to Allow Voters Statewide the Opportunity to Decide on the Formation of Locally-Elected Boards of Education. {Requests to place the qutstion of locally-elected boards of education to govern over their respective counties or districts (within each of the counties) before the voters of the State o C l lawai' i . } ; and P W I RG34. Res. 329-07: Requests the Director of the Department oC Public Works to Consistently Enforce the Regulations Within Chapter 3, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Signs. {The Ilawai'i County Council recognizes and supports the ongoing efforts of the Public Works Department and would strongly consider the appropriation of additional funding to carry out a more aggressive campaign to enforce these regulations.}; and PWIRC-36. IZcs. 330-07: Authorises the Receipt and Expenditure of the Hilo Salvation Army Award of $67,325 for the Pahoa Weed & Seed Program. {Funds would be used by the Police Department for overtime, travel to informational conferences, and to purchase equipment to assist with the objectives of this program.}; and FG175. I lawai'i County Council-21 Pagc 3 October 3, 2007 Res. 331-07: Abolishes a Recreation Director 11 Position and Creates a Clerk III Position Within the I lawai'i County Police Department. {Vacant since May 2006, the Recreation Director position has most of its planning and coordinating duties re-assigned to two Police Officer II positions. The remaining duties will be assigned to the Clerk III position, who will also assist the Community Policing, School Resources, HI-PAL programs and the Traffic Enforcement Unit with various accounting and clerical duties.}; and FC-177. Res. 332-07: Requests Mayor Harry Kim to Expand, Clear, Beautify and Improve Gilbert Carvalho Park. {Executive Order 3774 and 3773 sets aside 15.789 acres and 24.947 acres, respectively, which comprises or is adjacent to the existing park. The clearing and beautification of these parcels would allow for die expansion of Gilbert Carvalho Park.;; and PSPRC-8. Res. 338-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {"I~ransfers/appropriates $10,000 out and from Clerk-Council Services- Contingency Relief account; credits same to Office of the Mayor Committee on the Status of Women (Teen Dating Violence Conferences). Contingency Relief funds fi~om District 7 would be used towards costs associated with the October 18 and 19, 2007, Teen Dating Violence Prevention Peer Education Conference.} Res. 340-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {'Il~ansfers/appropriates $30,000 out and from Clerk-Council Scrvices- Contingency RelicfaccounL credits same to Department of Parks and Recreation, Rea~eation Division Equipment, Mlscellancous Equipment (Pana`ewa Multi- purpose Scoreboard). Contingency Relief funds from District 4 would be used towards the purchase of a multi-purpuse scoreboard at the Pana'ewa balHield.} Res. 3-41-07: "Transfers/Appropriates an Appropriation Out and Prom the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Aging Area Plan on Aging Other Current Expense (10'~ Annual Hawaii State Rural Health Association Conference). Contingency Relief funds from District 4 would be used towards the 10°i Annual Ha~aai`i State Rural Health Association Conference.} Kes. 3d6-07: 1'ransfcrs/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {'l~ransfers/appropriates $5,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense, Miscellaneous Contract Service (Kohala Community Athletic Association). Contingency Relief ftmds from District 9 would be used by the Kohala Community Athletic Association to support their efforts to provide after school sports to over 400 youngsters in North Kohala.} Hawaii County Council-21 Page 4 October 3, 2007 Kes. 347-07: Approves the Administrative Guidelines for Evaluation of Proposed Community Facilities Districts (CFD's) and to Encourage the Department of Finance to Administer the Effective Standards as Established by the Guidelines. {Chapter 32 of the Hawaii County Code authorizes the County to establish CFU's within the County for the purpose of financing the purchase, construction, installation, expansion, improvement or rehabilitation of special improvements.} Res. 349-07: 'T'ransfers/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 some to Department of Research and Development'fourism Promotion, Miscellaneous Contract Services (The Great Waiomina Centennial Celebration). Contingency Relief funds from District 9 would be used towards some of the costs and expenses associated with the Paniolo Preservation Society's, ""the Great Waiomina Centennial Celebration".} Res. 350-07: 'transfers/Appropriates an Appropriation Out and From the Designated Pund Account(s) and Credits Same to a Designated Fund Account(s). ,Transfers/appropriates $50,000 out and from Clerk-Council Scrvices- Contingency Relief aecoun4 credits same to Fire Department Training and Volunteer Pire Other Current Expense (Equipment purchase for Fern Acres Volunteer Fire Department.) Contingency Relief funds from District 6 would be used to support the Fern Acres Community Association Volunteer Fire Department. } 111:(10 A.M.: STATF.MF.NTS FROM THE PUBLIC ON [SILLS FOR ORDINANCES (FIRST REAUING) 131LLS FOR ORDINANCES (FIRST READING) Bill 96: Amends Section 25-8-33 (City of Hilo Zone Map), Artidc 8, Chapter 25 (Zoning Code) of the Hawai' i County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 7,500 Square Feet (RS-7.5) to Neighborhood Commercial - 10,000 Square Feet (CN-10) at Punahoa 2"", South Hilo, liawai'i, Covered by Tax Map Key:2-3-035:018 (approx. 9,230 square feet). {Association of Apartment Owners of Punahele Professional Building, Applicant.}: and PC-30. ItaNal~l County Council-21 Page 5 October 3, 2007 Bill 139 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 Multiple Family Residential - I,500 Square Feet (RM-I.5) at Waial<ea, South Hilo, Hawaii, Covered by "fas Map Key2-3-37:15 (approx. 1.278 acres). {Malulani, Inc., Applicant.}; and PG43. (Note: "Che applicant seeks the Council's approval in subsequent Bill 179 which proposes a maximum often snits, rather than the original 24 units and will now provide two parking spaces per unit.) Bill 179: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the liawai'i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 1 Acre (A-la) to Multiple Family Residential - 5,500 Square h'cet (RM-5.5) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key2-3-37:15 (appiros. 1278 acres). {Malulani, Inc., Applicant} Bill 168: Amends Chapter 2, Article 8, of the Hawaii County Code 1983 (2005 Rdition), as Amended, Relating to the Department of Research and Development by Deleting Article 8 and Adding a New Article to Establish a Sustainability Action Committee to Advise the Department of Research and Development {If approved, this bill would replace an outdated ordinance with a current and relevant vehicle to guide the Department within a framework of suslainability.}; and HSP;DC-6. Bill 170: 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 Fund Balance from Prior Year- Designated ($12,855.24); appropriates to the following: I<ohala Ranch Project IV ($I l,l 10.75). Luala`i at Parker Ranch Phase II ($1,04.54). and Wainani Estates Subdivision Phase I ($239), for a total of $12,855.24. Funds would be maintained separately and expended in accordance to the requirements of their respective housing agreements.}; and PG172;and Comm. (i~2.1 : Prom Finance Committee Chair Dominic Yagong, dated September 21, 2007, transmitting Bill 17Q Draft 2. Draft 2 corrects the amount for the Wainani Estates Subdivision Phase I from $239 ro $23995; acid Bill 17U Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of (Draft 2): Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Fund Balance from Prior Year-Designated ($12,85524); appropriates to the following: Kohala Ranch Project IV ($I 1.110.75). Luala'i at Parker Ranch Phase II ($1,504.54), and Wainani Estates Subdivision Phase I ($239.95), for a total of $12.85524.} Bill 171: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of I lawai'i for the f=iscal Year Ending June 30, 2008. {Appropriates revenues in Coqui Frog Conference Fees ($30,000); appropriates same to Coqui Frog Conference. Funds would be used for registration fees, facility use, cost of meals, and other expenses of the First International Conference on die Coyui Prog to be held on February 7A, 2008, in Wail<oloa.}; and FC-173. Hmvai'i County Council-21 Page 6 October 3, 2007 Bill U2: Amends Chapter 19, Article 7, Section 19-53(a) of the Hawaii County Code 1983 (?005 Edition, as Amended), Real Property ~l'axes, Relating to Valuations. {Due to its unique characteristics, provides for special consideration in determining the values of properties in the Waikoloa Workforce Housing Project.}; and FC-174. Bill 173: Amends Chapter 5 of the Hawaii County Code 1983 (2005 Edition, as Amended). Relating to Indigenous Architecture. {Establishes respect for the principles of indigenous architecture in the Building Code, encourages the preservation of existing structures that exhibit the principles of indigenous architecture, and encourages the development of new structures that incorporate indigenous architecture.}; and PWIRC-35. Bill 174: 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 State Grants - Pahoa Weed & Seed ($67,325); appropriates same to Pahoa Wecd & Seed.}; and FC-176. Bill 175 Initiates a Charter Amendment to AiYicle VI, Chapter 4, of the I lawai`i County (Draft 2): Charter (2000), Establishing Windward and Leeward Planning Commissions. {Creates a windward and leeward planning commission based upon judicial districts and district boundaries set forth in Section 4-1(I), Hawai`i Revised Statutes, with the Mayor appointing the remaining members in accordance with Section 13-4, Hawaii County Charter.};and PG47. Bill 176: Amends Chapter 2 ofthe Hawaii County Code (2005 Edition, as Amended), Establishing a New Article Relating to a I lawai`i County Cultural Resources Commission. {Provides for the protection and preservation of historic properties and artifacts in the County and establishes the "Hawai'i County Cultural Resources Commission".}; and PC-48. 12:30 P.M.: STATEMENTS FROM TIIE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) AND REPORTS ORDER OF THE DAY (SECOND OR FINAL READING) Bill 152: Amends Chapter Z, Artidc 25, Section 2-142 of the Hawaii County Code 1983 (?005 Edition, as Amended), Relating to Records, Reporting, and Fiscal Accountability Requirements. {Requires nonprofit organizations to submit written reports to the County Council rather than [he Legislative Auditor.; I lawai`i County Council-21 Page 7 October 3. 2007 Bill I >3: Authorizes the Issuance of General Obligation Bonds of [he County of I lawai'i 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.} Bill 154: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year .Iuly 1, 2007 to June 30. 2008. {Adds PARKS AND RECREA"PION: 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 $75Q000 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.} Bill 155: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing'fhereof 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 Crom 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.} 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 (ti~ith County funds).; Bill 157: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing'fhereof for the Fiscal Ycar July I, ?007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMEN"f: 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). Stale Revolving Fund (SRP) funding will not be available for dais 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.; Hawaii County Council-21 Page 8 October 3, 2007 Bill 158: 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. {Adds ENVIRONMEN"fAL 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 die 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.} Bill 159: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Ycar July 1, 2007 to June 30, 2008. iAdds ENVIRONMENTAI. MANAGEMENT: Kealakehe Wastewater Treatment Plant Master Plan ($500,000); funds shall be provided from General Obligation Bonds, Capltaf 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.} Bill 160: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and financing "Fhercof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENViRONMENfAL MANAGEMENT: Queen Lili`uokalani Village Large Capacit}' Cesspool Replacement -County [$500,000] 850 000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($30,000). 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).} 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 X24,096351 General Obligation Bonds of the County of Hawai' i 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: Honol<a`a Large Capacity Cesspool Replacement ($10,163,172) and Na`alehu and PShala Large Capacity Cesspool Replacement ($13,933,179).} Bill 162: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to .tune 30, 2008. [Increases 1?NVIRONMENTAL MANAGEMENT: Honoka'a Large Capacity Cesspool Replacement-State Re~oh~ing Fund [$5,000,000] $7,000,000; funds shall be provided from State Revolving I~unds ($2,OOQ000). Additional funds would be used for the anticipated remedial construction work associated with portions of the existing Lehua Trunk sewer.} I lawai' i County Council-21 Page 9 October 3, 2007 Bill 163: Amends Ordinance No. 07-82, as Amended, the Operating Budget for The Counq~ 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). } Bill 164 Amends Ordinance No. 97-56, Which Reclassitied Lands from Agriculhiral- (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. 102830 acres). {RSIO Kalaoa, LLC, Applicant.} Bill I G7: County Council Initiated: Amends Chapter 2S, 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 die sale of groceries).; REPORTS PC-171 Recommends approval of the nomination of Ms. Marilyn Nicholson (Council (Comm. 640): District 6) to the Board of Ethics. REFERRALS FOR CXGCUTIVE SESSION I~hc Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-~(a)(4), Hawai`i Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its attorney on questions and issues pertaining to the CounciPs powers, duties, privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote pursuant to I IRS Section 92-4 and Rule I 1 of the Rules oFProcedure of the County Council is necessary to hold an c~ecutive meeting. OTHER BUSINESS Qncluding but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, OCTOBER 16, 2007 COMMITTF,ES TBA SHERATON KEAUHOU BAY RESORT & SPA I lawai'i County Council-21 Page 10 October 3, 2007 WEDNESDAY, OCTOBER 17, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, NOVEMBER 6, 2007 COMMIT°fl~.l?S TBA COUNCIL ROOM-IIILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, NOVEMBER 7, 2007 COUNCI. 9:00 a.m. COUNCIL ROOM HILO 333 Kilauea Avenue Ben Franklin Building Second Floor AUJOURNM~NT 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 ofthe requesting Party. It does not necessarily signify support of or opposition to the proposal. fhc meeting place is accessible for persons with disabilities. Persons who need special accommodations for this mect'mg should call 9G1-8255 by October I, 2007. Persons using TDDs may call 9G1-8521. Copies of an item listed on the agenda may be viewed at the Hawaii County Services Office at 75-5706 Kual<ini Highway. Suile 103, Kailua-Kona, I Iawai~i 96740; at the Office of the County Clerk at 333 Kilauea Avenue, I lilo. I la~~ai'i 96720; et the Kona Council Members' Office at the Kailua "Trade Center, 75-5706 Hannma Place. Suite 109, Kailua-Kona, liawai'i 96740; and at the Waimea Council Members' Office at the I lolomua Center, 6-4-IUG7 Mamalahoa Highway, Suite 5, Waimea, Hawaii 96743. Videocon~~rcncine is available at the following locations: • Kona Council Oftce at the Kailua "Il~ade Center; and • Waimea Council Olfice at the Holonnr<a Center. If; for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meciing will coniinue. Videoconferencing ti~om the Pahoa Neighborhood Facility will not be available. S~ihmiuine I estimom: Those persons wishing to testify in person at any of the three sites must register with the CounciVClerl:'s stafL l~hosc 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 ~estinwny (I) 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 counciNes~timonycr co.hcnraii.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 Luh~~ists: II 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), I lawai' i County Code} A lobbyist means "any individual I lawai'i County Council ? I Page I I October 3, 2007 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 I<Tlauea Avenue. 11i1o, I lawai'i 96720. Goocrnment Access Television: Channel 52 (Hilo and Kona) Wednesday, October 10, 2007, at 6 p.m.; Sunda}, October I d, 2007, at 10:30 a.m.; and Wednesday, October 17, 2007, at 6 p.m. PETF, HOFFMANN +`•~-•`••"•!y, BRENDA FORD Chair ~e Pre.vidin Olj¢~er bVJ)~ x c STACY K. HIGA DONALDIKEDA K. ANGBI. PILAGO - ROB JACOBSON I Scc c4va~r ~i'>i off; 4,r~ EMILY 1. NAEOLF, DOMINIC' YAGONG J YOSHIMOTO COUNTY COUNCIL County of'Hawai'i Hawaii County 6ui(ding 2J Aupuni Street Hilo, Hawar'i 96720 ~ I'' Sessiat ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second door, Council Room Milo, Hawaii Annotated Version (This is an unofficial annotated version of the agenda for use by Council Members and departmental officials.) Wednesday, October 3, ?007 8:30 a.m. INVOCATION Pastor Richard Uejo of KMC Chapel and Heritage Fellowship CALL TO ORDER ROIL CALL PLEDGP; OF ALLEGIANCE APPROVAL OF MINUTES February 7 and August 22, 200'7 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island /lawni`i County is an Equal Opportunity Provider and Employer. Hawaii County Council-21 Page 2 October 3, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE R:30 A.M.: STATEMENTS FKOM THE PUBLIC ON COMMUNICATIONS ANU ORDER OF RESOLUTIONS COMMUMCATIONS Comm. 789.1: ESTABLISHMENT OF A TASK FORCE TO DISCUSS IMPLEMENI~ATION OP RESOLUTION 295-07 Prom Council Chair Pete Hoffmann, dated September 21, 2007, recommending a process for the establishment of a taskforce to discuss implementation of Resolution 295-07 (adopted by the Council on September 6, 2007) to hire a legislative liaison to represent the Council at the 2008 State Legislature. Comm. 684. HAWAII STA'CE ASSOCIATION OP COUN'FIF,S (HSAC) LEGISLA"fNF. PRIORITIES FOR HAWAII COUNTY From Cowicil Member Bob Jacobson, dated September 2Q 2007, transmitting suggested legislation for inclusion in the HSAC legislative priorities packet, relating to: product labeling, agriculhiral products, invasive species, public safety, and providing low interest loans to counties for capital improvement projects. Waived: PWIRC ORDER OF RESOLUTIONS Res. 316-07: Urges the State Legislature and the Governor to Allow Voters Statewide the Opportunity to Decide on the Formation of Locally-Elected Boards of Education. {Requests to place the question of locally-elected boards of education to govern over their respective counties or districts (within each of the counties) before the voters of the State of Hawai`i.} Re: Comm. 635 Intr. by: Ms. Nacole Approve: PWIRC-34 Res. 329-07: Requests the Director of the Department of Public Works to Consistently Enforce the Regulations Within Chapter 3, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Signs. {The Hawaii County Council recognizes and supports the ongoing efforts of the Public Works Deparunent and would strongly consider the appropriation of additional funding to carry out a more aggressive campaign to enforce these regulations.} Re: Comm. 658 Intr. by: Mr. Pilago Approve: PWIRC-36 Hawaii County Council-21 Page 3 October 3.2007 Res. 330-07: Authorizes the Receipt and Expenditure of the Hilo Salvation Army Award of $67,325 for the Pahoa Weed & Seed Program. {Funds would be used by the Police Department for overtime, travel to informational conferences, and to purchase equipment to assist with the objectives of this program.} Re: Comm. 660 Intr. by: Mr. Yagong Approve: FC-175 Res. 331-07: Abolishes a Recreation Director II Position and Creates a Clerk III Position Within the Hawaii County Police Department {Vacant since May 2006, the Recreation Director position has most of its planning and coordinating duties re-assigned to two Police Officer II positions. The remaining duties will be assigned to the Clerk III position, who will also assist the Community Policing School Resources, HI-PAL programs and the Traffic Enforcement Unit with various accounting and clerical duties.} Re: Comm. 661 Intr. by: Mr. Yagong Approve: EC-177 Kes. 332-07: Requests Mayor Hang Kim to Expand, Clear, Beautify and Improve Gilbert Carvalho Park. {Executive Order 3774 and 3773 sets aside 15.789 acres and 24.947 acres, respectively, which comprises or is adjacent to the existing park. The clearing and beautification of these parcels would allow for the expansion of Gilbert Carvalho Park.; Re: Comm. 663 Intr. by: Mr. Ikeda Approve: PSPRC-8 Res. 338-U7: Transfers/Appropriates an Appropriation Out and h'rom the Designated fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Office of the Mayor Committee on the Status of Women (Teen Dating Violence Conferences). Contingency Relief funds from District 7 would be used towards costs associated with the October 18 and 19, 2007, Teen Dating Violence Prevention Peer Education Conference.} Re: Comm. 674 Intr. by: Ms. Ford Waived: FC Hawaii County Council-21 Page 4 October 3, 2007 Kes. 340-07: 'Transfers/Appropriates an Appropriation Out and Prom the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). tTransfersJappropriates $30,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Equipment, Miscellaneous Equipment (Pana'ewa Multi- purpose Scoreboard). Contingency Relief funds from District 4 would be used towards the purchase of amulti-purpose scoreboard at the Pana`ewa ballfield. Rc: Comm. 676 Intr. by: Mr. Higa Waived: FC Res. 311-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Aging Area Plan on Aging Other Current Expense (10'x' Annual Hawaii State Rural Health Association Conference). Contingency Relief funds from District 4 would be used towards the 10'x' Annual Hawaii Slate Rural Health Association Conference.} Re: Comm. 677 Intr. by: Mr. Higa Waived: PC Res. 3d6-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {`Fransfersfappropriates $5,000 out and from Clerk-Council Services --Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense, Miscellaneous Contract Service (Kohala Community Athletic Association). Contingency Relief funds from District 4 would be used by the Kohala Community Athletic Association to support their efforts to provide after school sports to over 400 youngsters in North Kohala.} Rc: Comm. 685 Intr. by: Mr. Hoffmann Waived: FC Kes. 3a7-07: Approves the Administrative Guidelines for Evaluation of Proposed Community facilities Districts (CFD's) and to Encourage the Department of Finance to Administer the Effective Standards as Established by the Guidelines. {Chapter 32 of the Hawaii County Code authorizes the County to establish CFD's within the County for the purpose of financing the purchase, construction, installation, expansion, improvement or rehabilitation of special improvements.} Re: Comm. 686 Intr. by: Mr. Hoffinann Waived: FC Ha~~ai' i County Council ? I Page 5 October 3, 2007 Res. 3~F9-07: 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 Tourism Promotion, Miscellaneous Contract Services (The Great Waiomina Centennial Celebration). Contingency Relief funds from District 9 would be used towards some of the costs and expenses associated with the Paniolo Preservation Society's, "The Great Waiomina Centennial Celebration".} Re: Comm. 688 Intr. by: Mr. Hoffmann Waived: FC Res. 350-07: 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 Fire Department Training and Volunteer Fire Other Current Expense (Equipment purchase for Fern Acres Volunteer Fire Department.) Contingency Relief funds from District 6 would be used to support the Fern Acres Community Association Volunteer Fire Department. } Re: Comm. 689 Intr. by: Mr. Jacobson Waived: FC 10:00 A.M.: STATEMENTS FROM THE. NUBLIC ON I31LLS FOR ORD[NANCF.S (FIRST READING) 131LLS FOR ORDINANCES (FIRST READING) 13111 96: Amends Section 25-8-33 (City of Hilo Lone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 7,500 Square Feet (RS-7.5) to Neighborhood Commercial - 10,000 Square Feet (CN-10) at Punahoa 2"`~, South Hilo, Hawaii, Covered by Tex Map Key:2-3-035:018 (approx. 9,230 square foet). {Association of Apartment Owners of Punahele Professional [3uilding. Applicant.} Re: Comm. 376 Intr, by: Mr. Pilago Negative: PG30 I lawai'i County Council-21 Page 6 October 3, 2007 Bill 139 Amends Section 25-8-33 (City of Hilo Lone Map), Article 8, Chapter 25 (Zoning (Draft Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural- I Acre (A-la) to Multiple Family Residential- I,500 Square Feet (RM-I.5) at Waiakea, South Hilo, Hawaii, Covered by'I'ax Map Key2-3-37:15 (approx. 1278 acres). {Malulani, Inc., Applicant.} Re: Comm. 5653 Intr. by: Mr. Pilago Negative: PC-43 (Note: The applicant seeks the Council's approval in subsequent Bill 179 which proposes a maximum of ten units, rather than the original 24 units and will now provide two parking spaces per unit.) Bill 179: 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- 1 Acre (A-la) to Multiple Family Residential- 5.500 Square Feet (RM-5.5) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key2-3-37:15 (approx. L278 acres). {Malulani, Inc., Applicant.} Rr. Comm. 690 Intr. by: Mr.lkcda Waived: PC Bill 168: Amends Chapter 2, Article 8, of the Hawaii County Code 1983 (2005 Edition), as Amended, Relating to the Department of Research and Development by Deleting Article 8 and Adding a New Article to Establish a Sustainability Action Committee to Advise the Department of Research and Development {If approved, this bill would replace an outdated ordinance with a current and relevant vehicle to guide the Department within a 1}amework of sustainability.} Re: Comm. 641 Intr. by: Ms. Naeule Approve: 1 ISEDG6 Bill 170: Amends Ordinance No. 07-82, as Amended, the Operating Budget fbr the Counq~ of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Fund Balance from Prior Ycar-Designated ($12,855.24); appropriates to the following: Kohala Ranch Project IV ($1 I,I 10.75), Luala`i at Parker Ranch Phase II ($1,504.54), and Wainani Estates Subdivision Phase I ($239), for a total of $13,85524. Funds would be maintained separately and expended in accordance to the requirements of their respecti~~e housing agreements.} Re: Comm. 652 Intr. by: Mr. Yagong Approve: FG172 u~nl `omm. 652. l/l3i11170, Drc f! 2, cunlinuec nn the next puge) Hawaii County Council-21 Page 7 October 3, 2007 Comm. 652.1: From Finance Committee Chair Dominic Yagong, dated September 2I, 2007, transmitting Bill 170, Draft 2. Draft 2 corrects the amount for the Wainani Estates Subdivision Phase I from $239 to $239.95; and Bill 170 Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of (Draft 2): Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Fund Balance from Prior Year-Designated ($12,855.24); appropriates to the following: Kohala Ranch Project IV ($I I,I 10.75), Luala`i at Parker Ranch Phase II ($1,504.54), and Wainani Estates Subdivision Phase I ($239.95), for a total of $12,855.24.} Intr. b~~: Mr. Yagong Bill 171: 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 Coqui Frog Conference Fees ($30,000); appropriates same to Coqui Frog Conference. Funds would be used for registration fees, facility use, cost of meals, and other expenses of the First International Conference on die Coqui Frog to be held on February 7-9, 2008, in Waikoloa.} Re: Comm. 653 Intr. by: Mr. Yagong (B/R) Approve: FG173 Bill 172: Amends Chapter 19, Article 7, Section 19-53(a) of the Hawaii County Codc 1983 (200 Edition, as Amended), Real Property Taxes, Relating to Valuations. {Due to its unique characteristics, provides for special consideration in determining the values of properties in the Waikoloa Workforce Housing Project.} Re: Comm. 654 Inh~. by: Mr. Yagong Approve: FC-174 Bill 173: Amends Chapter 5 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Indigenous Architecture. {Establishes respect for the principles of indigenous architecture in the Building Code, encourages the preservation of existing structures that exhibit the principles of indigenous architecture, and encourages the development of new structures that incorporate indigenous architecture.; Re: Comm. 657 Intr. by: Ms. Naeolc Approve: PWIRC-35 I la~tiai'i County Council ? I Page 8 October 3,'007 Bill 174: 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 State Grants -Pahoa Weed & Seed ($67,325); appropriates same to Pahoa Weed & Seed. } Re: Comm. 660 Inh~. by: Mr. Yagong Approve: FC-176 Bill 175 Initiates a Charter Amendment to Article VI, Chapter 4, of the Hawaii County (Draft 2): Charter (2000). Establishing Windward and Leeward Planning Commissions. {Creates a windward and leeward planning commission based upon judicial districts and district boundaries set forth in Section 4-I(1), Hawai`i Revised Statutes, with the Mayor appointing Uie remaining members in accordance with Section 13-4, I lawai'i County Charter} Re: Comm. 662.1 Intr. by: Mc Pilago Approve: PC-47 2J3 Vote: First of three required readings, Section 15-1(a), Hawai'i County Charter Bill 176: Amends Chapter 2 ofthe Hawaii County Code (2005 Edition, as Amended), Establishing a New Article Relating to a Hawaii County Cultural Resources Commission. {Provides for the protection and preservation of historic properties and artifacts in the County and establishes the "Hawai'i County Cultural Resources Conunissiod'.} Re: Comm. 666 Intr. by: Ms. Naeole Approve: PC-48 12:30 N.M.: STATEMENTS FROM THC PUBLIC ON ORDER OF THE DAY (SECOND OR F11'AL READING) AND REPORTS OKDER OF THF. DAY (SECOND OR FINAL READING) Bill I ~3: Amends Chapter 2, Article 25, Section 2-142 of the Hawaii County Code 1983 (2005 Edition, ns 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 I" Reading: September 19, 2007 I lawai`i County Council-21 Page 9 October 3, 2007 t3ill I ~3: 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 Porm, 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 $5 10,000 and for a loan amount of $147,000.} Rc: Comm. 622 Intr. by: Mc Yagong I" Reading: September 19, 2007 Bill 154: 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. {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 tiscal 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 I" Reading: September 19, 2007 2/3 Vote: Section 10-6(d), Hawai'i County Charter Bill I ~5: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing'I'hereof 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 tJie NAS Swimming Pool facility.} Re: Comm. 624 Intr. by: Mr. Yagong I" Reading: September 19, 2007 2/3 Vote: Section 10-6(d), Hawai`i County Charter I lawai'i County Council-21 Page 10 October 3, 2007 Bill 156: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof far 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).} Re: Comm.62~ Intr. by: Mr. Yagong I" Reading: September 19, 2007 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 I" Reading: September 19, 2007 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 I, 2007 to June 30, 2008. {Adds ENVIRONMENTAL MANAGEMENT: Kealakehe Wastewater Treatment Plam 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 1" Reading: September 19, 2007 2/3 Vote: Section 10-6(d), 1lawai'i County Charter Hawaii County Council-21 Page I I October 3, 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. bti: Mr. Yagong I" Reading: September 19, 2007 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. { hicreases 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 - Pund 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 I<eanalchu Street (due to the difficult topography in the project area).} Re: Comm. 629 Intr. by: Mr. Yagong I'' Reading: September 19, 2007 2/3 Vote: Section 10-6(d), I lawai'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 finvironmental 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 1" Reading: September 19, 2007 I lawai'i County Council-21 Page 12 October 3, 2007 Bill 162: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing'fhereof for the fiscal Year July I, 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.63I Intr. by: Mr. Yagong I" Reading: September 19, 2007 2(3 Vote. Section 10-6(d), Hawai`i County Charter 13111 163: Amends Ordinance No. 07-82, as Amended, the Operating [3udge[ 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 (1'wo 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: Mr. Yoshimoto I" Reading: September 19, 2007 Bill 164 Amends Ordinance No. 97-56, Which Keclassitied Lands from Agricultural- (Draft 2): 5 Acre (A-Sa) to Single Family Residential - IQ000 Square Feet (RS-10) at I<alaoa 41°, Noah Kona, Hawaii, Covered by Tax Map Key:7-3-028:082 - 102 Q~ormerly 7-3-010:037) (Request 5-Year'fime Extension to Condition D; approx. 10.2830 acres). {RS f 0 Kalaoa, LLC, Applicant.} Re~. Comm. 633.2 Intr. by: Mr. Pilago I" Reading: September 19, 2007 t3ill 167: County Council Initiated: Amends Chapter 25, Zoning Code. Hawaii County Code 19$3 (2005 Edition, as Amended). Relating to Retail Establishments. {Proposed amendment to Chapter 35 would not permit "superstores" in any inning 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). } Rc Cumm.3236 Inu. by: Mr. I liga 1'' Reading: September 19, 2007 cmd Comms. 32.38, 3239, and 32.41-3250. Hewai'i County Council-21 Page I3 October 3, 2007 REPORTS FC-171 Recommends approval of the nomination of Ms. Marilyn Nicholson (Council (Comm. 640): District 6) to the Board of Ethics. RGF[?BRAES FOR EXECUTIVE SESSION I~he Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92S(a)(4), I lawai'i Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its attorney on questions and issues pertaining to the CounciPs powers, duties, pri~ilcges, immunities and liabilities, including the current status of the litigation. A 2/3 vote pursuant to I IRS Section 92-4 and Rule I I of the Rules of Procedure of the County Council is necessary to hold an c.~ecutive meeting. OTHG12 BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, OCTOBER 16, 2007 COMMI'FfEIiS TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, OCTOBER 17, 2007 COUNCII. 9:00 a.m. SHERATON KEAUf10U BAY RESORT & SPA ~l'UESDAY, NOVEMBER 6, 2007 COMMI"Ffl?f:S TBA COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second P'loor WEDNESDAY, NOVEMBER 7, 2007 COUNCIL 9:OOa.m. COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor ADJOURNMENT Note: B/K, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By RequesP' on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. Hawaii Camq Council ? I Page 14 October 3, 2007 The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by October I, 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, I silo, 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' Oftce at the Holomua Center, G~-1067 Mamalahoa Highway, Suite 5, Waimea, Hawaii 96743. Videoconferencin~ is available at the following locations: • Kona Council Office at the Kailua'frade Center; and • Waimea Council Of[ce at the Holomua Center. If, for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. Submitting "festimoi~: l~hosc persons wishing to testity in person at any of the three sites must register with the Council/Clerk's staff. l~hose testifying in person and submitting written testimony should bring seventeen (17) copies ol'the testimony for distribution at the meeting. Those persons unable to testify in person may submit testimon}' (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 counciheszimony~co.hcnvaii.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 h~ansmitted in a timely manner. In any case, both oral and written testimony will be considered public record. Notice to I.obbtiists: Ifyou are a lobbyist, you must register with the llawai~i County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-913(b), I lawai'i County Code} A lobbyist means "any individual engaged tier pay or usher consideration who spends more than I ive hours in any month or $275 in any six-month period Ibr 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} Kcgistration I~orms end expenditure report documents are available at the Off ice of the County Clerk-Council, 333 Kilauea Avcnuo. Hilo, Hawaii 96720. Government nceess_:felevision: Channel 52 (Hilo and Kona) Wednesday, October 10, 2002 at 6 p.m.; Sunday, October Id, 2007, at 1030 a.m.; and Wednesday, October 17, 2007, at 6 p.m.