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HomeMy WebLinkAboutAGE COUNCIL 2007/10/17 2006-2008 PEJ'E IIOF'PMANN JMtv,osp~' BRENDA FORD c'h~ur ~tl Presal~~+3 nlfc¢r ~ q. STAGY K. HIGH DONALD IK6DA IC ANGEL PILAGO BOB JACOBSON r,.~. rn,,,,~ ~:•::.,=.,'¢y EMILY I. NAEOLE °f~"~~ DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL county of Hawni'i Hawaii County building 25 Anpuni Street Hilo, Hawaii 96720 Session ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Wednesday, October 17, 2007 8:30 a.m. INVOCATION Reverend Tullos,lones of the Kona Baptist Church CALL "1~0 ORDER ROLL CALI, PLEDGf.OF ALLF,GIANCE APPROVAL OF MINUTES April 18 and September 6, 2007 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island //rrwni'i County is nn Equal Opportunity Provider and Employer. _ I lawai'i County Council-22 Pagc 2 October 17, 2007 MCMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 589.?: FINDINGS AND RF.COMMFNDAI'IONS OF THE LEGISLATIVF. LIAISON TASK FORCE From Council Chair Pete Hoffmann. dated October 4, 2007. Comm. 6843: HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATNE PRIORITIES From Council Member Bob Jacobson, dated October 5, 2007, transmitting for CounciPs review, the legislative priorities submitted by other counties (Honolulu and Kauai) for inclusion in the HSAC legislative priorities packet. Requests an additional item be added to Hawaii County~s legislative priorities (relating to environmental impact statements). ORDER OF RESOLUTIONS Authorizes the Acceptance of a Monetary Gift of Forty-Nine Thousand Nine Res. 343-07~. Hundred Dollars ($49,900) from the Daniel R. Sayre Memorial Fund to the F{awai`i Fire Department {Funds would be used to purchase rescue equipment ($37,900) and to contract an instructor for the "Ropes Course I and If' ($12,000), for the rescue personnel at Waiakea and Kailua Stations.}; and FC-179. Kes. 344-U7: Authorizes the Acceptance of a Monetary Gift of "thirty-Nine Thousand Five Hundred Sixty-Seven Dollars ($39,567) from the Gregg Malkin Memorial Fund to the Hawaii Fire Department {Funds would be used to purchase water rescue equipment ($27,567) and to contract an instructor for the "Ropes Course IIP' ($12,000), for the rescue personnel at the Waiakea and Kailua Stations.}; and FG 180. Res. 34~-U7: Amends the Zone [3oundaries of the Hilo-Puna and North Kohala Enterprise Zones. {Seeks to expand two of the six Enterprise Zones to enable additional businesses to participate in the Enterprise Zone Program (delineated in attached Exhibits A, B, and C).}; and PC-49. Kes. 348-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease of Real Property for the Office of the County Clerk- Elections Division. {Five-year lease for 700 square feet of office space would serve as a satellite Elections Office located at Ali`i Plaza (75-143 Hualalai Road, Kailua-Kona) at an approximate cost of $3,184 per month, plus general excise tax.} Hawaii County Council-22 Page 3 October 17, 2007 Res. 351-07: 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 0lfice of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense Miscellaneous Contract Services (4°i Annual Keiki Aloha Aina Surfing Classic). Contingency Relief funds from District 4 would be used towards die 4°' Annual Keiki Aloha Aina Surfing Classic.} Res. 352-07: fransferslAppropriates 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 Civil Defense, Civil Defense Agency Other Current Expense (S. Kona Community Emergency Response Team, Inc., Amateur Radio System 1'or emergency communications). Contingency Relief funds from District 7 would be used towards the purchase of amateur radio equipment for emergency and disaster response for the South Kona Community Emergency Response Team.} Res. 353-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for Animal Control Services. {Funds would be used by the Police Department to issue a "Request for Proposal" for a contract for services for the County of I lawai'i for the contract period beginning January 1, 2008 and ending on June 30, 201 Z., Res. 351-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated P and Account(s). {Transfers/appropriates $2,710 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Elderly Activities Administration/Recreation, Elderly Activities Division Recreation Equipment (Kohala Senior Center-Pool Table). Contingency Relief funds from District 9 would be used to purchase a new pool table for the Kohala Senior Centcr.} Res. 355-07: "transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,840 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Building Repair and Maintenance Other Current Expense (Raleigh Martin Parking Lot-1 Regular/I-ADA Compliant Portable Restroom Downtown Honoka`a). Contingency Relief funds from District 1 would be used towards the rental of two portable restrooms (one regular and the other ADA compliant) in Downtown Honoka`a at the Raleigh Martin Parking Lot.} .....o..~ n, Hawaii County Council-22 Page 4 October 17, 2007 Res. 361-Q7: TransferslAppropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {"Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Transfer to Highway Fund (Puako Access Road Paving). Contingency Relief funds from District 9 would be used to purchase materials to pave the Puako Access Road.} Res. 363-07: 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 the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 9 would be used towards funding of a Community Violence Coordinator position for the Prosecuting Attorney's Office.} Res. 364-07'. Creates a Park Caretaker 1 (31ST) Position and a Park Caretaker I (I(2T) Position for the Department of Parks and Recreation. {Civil Case #98-244 (United Public Workers versus the County of Hawaii) requires the County to hire UPW workers instead of contracting out forjanitorial and ground maintenance services. In order to comply with this settlement, the Parks and Recreation Department requests the creation of two new positions for the South Hilo and Kona Districts.} Res. 365-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transferslappropriates $~,O~Q out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 1 would be used towards funding of a Community Violence Coordinator position.} Res. 366-U7: TransferslAppropriates 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 the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 4 would be used towards funding of a Community Violence Coordinator position.} Res. 367-07: 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 the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 7 would be used towards funding of a Community Violence Coordinator position.} Hawaii County Council ?2 Page 5 October 17, 2007 IZes. 368-07: Transfers/Appropriates an Appropriation Out and From Use Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). iTransfers/appropriates $5,000 out and From Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 8 would be used towards funding of a Community Violence Coordinator position.} Res. 369-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for Two Multi-Year Leases of Real Property for the Office of the County Clerk-Elections Division. {Two separate five-year leases for 2,270 square feet (Unit A-1) and 1,600 square feet (Unit A-2) would house the Elections Division located at the Hilo Iron Works Building (1266 Kamehameha Avenue, Hilo) at an approximate monthly cost of $4,446.62 and $2,920.82 respectively.} Res. 370-07: ll'ansfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account, credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator). Contingency Relief funds from District 6 would be used to support the Community Violence Coordinator position.} Rcs. 371-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease of Real Property for the Office of the County Clerk- Elections Division. {Five-year lease for 800 square feet of office space would serve as a satellite Elections Office located at Pahoa Market Place Shopping Center (Suite 104, I5-2662 Pahoa Village Road, Pahoa) at an approximate cost of $1,249.99 per month.} Res. 372-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,000 out and from Clerk-Council Services-Contingency Relief account credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 5 would be used towards funding of a Community Violence Coordinator position.} Res. 373-07: 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 Office of the Mayor Committee on the Status of Women (Miscellaneous Contract-Girls Exploring Math and Science [GEMS]). Contingency Relief funds from District 7 would be used towards costs associated with the GEMS workshops to be held in Kailua-Kona on Novemher l5, 2007.} Hawaii County Council-22 Page 6 October 17, 2007 Res. 374-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {l7ansfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account: credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Hawaiian Paradise Park Neighborhood Watch). Contingency Relief funds Prom District 5 would be used towards Hawaiian Paradise Park's Neighborhood Watch.} Res_ 375-07: fransferslAppropriates 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 the Prosecuting Attorney, Kona Prosecuting Attorney Other Current F,xpensc (He Makuakane Maika`i 'O Hawai'i). Contingency Relief funds from District 4 would be used towards the West Hawaii Fatherhood Initiative Program for the He Makuakane Maika`i `O Hawaii project.} Res. 376-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Planning, Planning Other Current Expense, Miscellaneous Contract Services (Flilo Bay Watershed Advisory Group Website). Contingency Relief funds from District 4 would be used to support the Hilo Bay Watershed Advisory Group in creating a website.} Res. 377-U7: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {"transfers/appropriates $5,000 out and from Clerk-Council Services-Contingency Relief account credits same to Department of Parks and Recreation, Culture and Arts Other Current Expense (I" Annual Veterans Day Parade). Contingency Relief funds from District 9 would be used to help defray expenses for the 1" Annual Veterans Day Parade.} 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 79 Amends Chapter 25, Zoning Code, Article 4, Division 5, of the Hawaii County (Draft?): Code 1983 (2005 Edition, as Amended), Relating to Off-Street Parking and Loading. {Relates to the required number and distribution of aff-street parking and loading spaces for certain permitted uses under the Zoning Code.}: PG28. Hawaii County Council-22 Page 7 October 17, 2007 Bill 17~ hiitiates a Charter Amendment to A~Yicle Vl, 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 4-1(1), Hawaii Revised Statutes, with the Mayor appointing the remaining members in accordance with Section 13-4, Hawaii County Charter.}; and PC-47; and Comm. 66'.1 I : From Council Member K Angcl Pilago, dated September 27, 2007, transmitting a proposed amendment to Bill 175. Draft 2. Bill 177: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition, as Amended)_ Relating to Vehicles and Traffic {Establishes a new bus stop location along Kamehameha Avenue for a limited time from 2 p.m. to 3 p.m. on school days.}; and PWIRC-37. Bill 178: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of f lawai`i for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($50,423); appropriates same to Rescue Equipment-Private.}; and PC-181. 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFEI212AL5 FOR EXECUTIVE SESSION, AND OTHER BUSINESS ORDER OF THG DAY (SECOND OR FINAL 12EADING) Bill 167 County Council Initiated: Amends Chapter 25, Zoning Code, Hawaii County (Draft 2): Cade 1983 (2005 Edition, as Amended), Relating to Retail Establishments. {Proposed amendment to Chapter 25 would not permit "superstores" on Hawaiian I-Tome Lands.;: and 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).} (Note: To be discussed if the motion for reconsideration {see Comm. 32.85} passes and the amendment {see Comm. 32.72} to I3i11 167 fails upon reconsideration.) and Comm. 32.85: From Council Member Dominic Yagong, dated October 4, 2007, requesting reconsideration of the vote on the amendment to bill 167 which would ban superstores on Hawaiian Home Lands (as contained in Communication 32.72) and Comm. 32J2: From Council Member K. Angel Pilago, dated October 3, 2007, transmitting a proposed amendment relating to superstores shall not be permitted on Hawaiian Home Lands. lia~~ai'i Count} Council ?2 Page 8 October 17, 2007 Dill 168 Amends Chapter 2, Article 8, of the Hawaii County Code 1983 (2005 Edition), as (Draft 2): 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 sustainability.} Bill 170 Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of (Draft 2): 1-lawai'i 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 ($11,110.75), Luala`i at Parker Ranch Phase 11 ($1,504.54), and Wainani Estates Subdivision Phase I ($239.95), for a total of $12,855.24.} 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 the Coqui Frog to be held on February 7-9, 2008, in Waikoloa.} Bill 172: Amends Chapter 19, Article 7, Section 19-53(a) of the Hawaii County Code 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.} Bill I73~ 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 struchires that exhibit the principles of indigenous architecture, and encow~ages the development of new structures that incorporate indigenous architecture and provides for indemnification for the County under certain circumstances.; Dill 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.} Dill 17G Amends Chapter 2 of the Hawaii County Code (2005 Edition, as Amended), (Draft 2): 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 Commission'.} Hawaii County Council-22 Page 10 October 17, 2007 OTHE12 BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, NOVEMBER 6, 2007 COMMI"f"I"GI?S TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, NOVEMBER 7. 2007 COUNCIL 9:OOa.m. COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor MONDAY, NOVEMBER 19, 2007 C'OMMITTEGS TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, NOVEMBER 20, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA ADJOURNMENT Nute: B/R, when listed next to die name of an Introducer, signities that the Council Member has agreed to introduce legislation "By RequesP' on behalf of the requesting party. It does not necessarily signify suppott of or upposition 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 October I5, 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 lilo. I lawai'i 96720; at the Kona Council Members' Office al the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kaihia-Kona. Hawaii 96740; and at the Waimea Cauneil Members' Office at the Holomua Center, 6 F-1067 Mamalahoa Highway, Suite 5, Waimea, Hawaii 96743. Vidcoconfercncina is available at the following locations: • I lilo Council Room at the Ben Franklin Building, Second Floor; and • Waimca Council Office at the Holomua Center. If. for technical or other unanticipated reasons die video connection cannot be made and/or is disrupted, the scheduled meeting will continue. Videoconlerencing from the Pahoa Neighborhood Facility will not be available. I la~eai'i County Council-22 Page I I October 17, 2007 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 (I) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii 96720, (2) by facsimile to (80A) 961-8912, or (3) by e-mail to councilreslimuny~co.hawaii.hi.us. Please submit a separate testimony for each item. for testimonies submitted by c-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 Lob6yists: 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(6), Hawaii County Code} A lobbyist means "any individual engaged for pay or od~er 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 ofticials." {Article 15, Section 2-913(a)(6), Hawaii County Code} Regisuzuion forms and expenditure report documents are available at the Office of the County Clerl<-Council, 333 K7lauea Avenue, Hilo, Hawaii 96720. Government Access "I~elevision: Channel 52 (Hilo and Kona) Wednesday, October 24, 2007, at 6 p.m.; Sunday, October 28. 3007. at 10:30 a.m.; and Wednesday, October 31, 2007, at 6 p.m. PETE HOFPMANN ~!`•~"•••"•!9, BRENDA FORD ,g , 6l, ('hmr R~ Prr.vdu;e0//icrr STAGY K. RIGA UONALDIKEDA i<. ANGI~.t. PILAGO BOB JACOBSON ~ S«- [-6a~i~ ~i,~`C.+~, •,e~~ EMILY I. NAEOLE °i DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL cozinry oJ~Hm„al'i Hcnvui'i Coanty Bz~ifdinK 2~ Aapani S(recl Hilo, Hriwni'i 96"1U Sessiun 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, October 17, 2007 8:30 a.in. INVOCATION Reverend l~ul los Jones of the Kona Baptist Church CALL "I'O ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINU~I'6S April 18 and September 6, 2007 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the liuerests q~ the Peop/e of Our /sland //aivni'i GuuilJ~ is nn Equa/ Oppnrtuidly Provider and Emplaye~. Hawaii County Council-22 Page 2 October 17, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 5892: FINDINGS AND RECOMMENDA"LIONS OF THE LEGISLA"fIVE LIAISON TASK FORCE From Council Chair Pete Hoffmann, dated October 4, 2007. Comm. 684.3: HAWAI`1 STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PRIORITIES From Council Member Bob Jacobson, dated October 5, 2007, transmitting for Council's review, the legislative priorities submitted by other counties (Honolulu and Kauai) for inclusion in the HSAC legislative priorities packet. Requests an additional item be added to Hawaii County's legislative priorities (relating to environmental impact statements). Waived: PWIRC ORDER OF RESOLUTIONS Authorizes the Acceptance of a Monetary Gift of Forty-Nine Thousand Nine Kes. 343-U7: Hundred Dollars ($49,900) from the Daniel R. Sayre Memorial Fund to the Hawaii Fire Department {Funds would be used to purchase rescue equipment ($37,900) and to contract an instructor for the "Ropes Course I and II" ($12,000), for the rescue personnel at Waiakea and Kailua Stations.} Re: Comm. 681 Intr. by: Mc Yagong Approve: FC-179 Rcs. 3-1~7-07: Authorizes the Acceptance of a Monetary Gift of"hhirty-Nine Thousand Five Hundred Sixty-Seven Dollars ($39,567) from the Gregg Malkin Memorial Fund to the Hawaii Fire Department {Funds would be used to purchase water rescue equipment ($27,567) and to contract an instructor for the "Ropes Course IIP' ($12,000), for the rescue personnel at the Waiakea and Kailua Stations.} Re: Comm. 681 Intr. by: Mr. Yagong Approve: FC-180 Hawaii County Council-22 Page 3 October 17, 2007 Res. 345-07: Amends the "Lone Boundaries of the Hilo-Puna and North Kohala Enterprise Zones. ~Seels to expand two of the six Enterprise Zones to enable additional businesses to participate in the Enterprise Zone Program (delineated in attached Exhibits A, B, and C).} Re: Comm. 682 Intr. by: Ms. Naeole Approve: PG49 Res. 3-}8-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year Cor a Multi-Year Lease of Real Property for the Office of the County Clerk- Elections Division. {Five-year lease for 700 square feet of office space would serve as a satellite Elections Office located at Ali`i Plaza (75-143 Hualalai Road, I<ailua-Kona) at an approximate cost of $3,184 per month, plus general excise tax.} Re: Comm. 687 Intr. by: Mr. Hoffmann Waived: FC Res. 3~ I -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 the Prosecuting Attorney, Prosecuting Attorney Other Current Expense Miscellaneous Contract Services (4°i Annual Keiki Aloha Aina Surfing Classic). Contingency Relief funds from District 4 would be used towards the 4'" Annual Keiki Aloha Aina Surfing Classic.} Re: Comm. 699 Intr. bv: Mr. Hi~*a Waived: FC Rcs. 3~2-07: 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 Deparhnent of Civil Defense, Civil Defense Agency Other Current Expense (S. Kona Community Emergency Response Team, Inc., Amateur Radio System for emergency communications). Contingency Relief funds from District 7 would be used towards the purchase of amateur radio equipment for emergency and disaster response for the South Kona Community Emergency Response Team. } Re: Comm. 702 Intr. by: Ms. Ford Waived: FC Ha~wai'i Counq Council-22 Page 4 October 17, 2007 Res. 353-U7: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for Animal Control Services. {Funds would be used by the Police Department to issue a "Request for ProposaP' for a contract for services for the County of Hawaii for the contract period beginning January I, 2008 and ending on June 30, 2012.} Re: Comm. 703 Intr. by: Mr. Yagong Waived: FC Res. 354-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,710 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Elderly Activities Administration/Recreation, Elderly Activities Division Recreation Equipment (Kohala Senior Center-Pool Table). Contingency Relief funds from District 9 would be used to purchase a new pool table for the Kohala Senior Center.} Re: Comm. 704 Intr. by: Mr. Hoffmann Waived: FC Rcs. 355-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). ;Transfers/appropriates $3,840 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Building Repair and Maintenance Other Current Expense (Raleigh Martin Parking Lot-1 Regular/I-ADA Compliant Portable Restroom Downtown Honoka`a). Contingency Relief funds from District 1 would be used towards the rental of two portable restrooms (one regular and the other ADA compliant) in Downtown Honoka`a at the Raleigh Marlin Parking Lot.} Re: Comm. 705 Intr. by: Mr. Yagong Waived: FC Res. 361-U7: Fransfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). (Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Transfer to Highway Fund (Puako Access Road Paving). Contingency Relief funds from District 9 would be used to purchase materials to pave the Puako Access Road.} Rc: Comm. 712 Intr. by: Mr. Hoffmann Waived: FC Hawaii County Council ?2 Page 5 October 17, 2007 Res. 363-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same [o a Designated Pund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 9 would be used towards funding of a Community Violence Coordinator position for the Prosecuting Attorney's Office.} Re: Comm. 717 Intr. by: Mr. Hoffinann Waived: FC Rcs. 364-07: Creates a Park Caretaker I (3/ST) Position and a Park Caretaker I (1/2T) Position for the Department of Parl<s and Recreation. {Civil Case#98-244 (United Public Workers versus the County of Hawaii) requires the County to hire UPW workers instead of contracting out for janitorial and ground maintenance services. In order to comply with this settlement, the Parks and Recreation Department requests the creation of two new positions for the South Hilo and Kona Districts.} Re: Comm. 719 Intr. by: Mr. Yagong Waived: FC Res. 36>-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 Clerl<-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds From District I would be used towards funding of a Community Violence Coordinator position.} IZe: Comm. 720 Intr. by: Mr. Yagong Waived: FC Kcs. 366-07: 'Transfers/Appropriates an Appropriation Ou[ 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 the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 4 would be used towards funding of a Community Violence Coordinator position.} Re: Comm. 721 Intr. b}': Mr. Higa Waived: FC Hawaii County Council-22 Page 6 October 17, 2007 Res. 3G7-07: 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 the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 7 would be used towards funding of a Community Violence Coordinator position.} Re: Comm. 722 Intr. by: Ms. Ford Waived: FC Kcs. 3G8-07: 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 the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 8 would be used towards funding of a Community Violence Coordinator position.} Re: Comm. 723 Intr. by: Mr. Pilago Waived: FC Res. 369-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year far Two Multi-Year Leases of Real Property for the Office of the County Clerk-Elections Division. {Two separate five-year leases for 2,270 square feet (Unit A-I) and 1,600 square feet (Unit A-2) would house the Elections Division located at the Hilo Iron Worl<s Building (1266 Katnehameha Avenue, Hilo) at an approximate monthly cost of $4,446.62 and $2,920.82 respectively.} Re: Comm. 724 Intr. by: Mr. Hoffmann Waived: FC' Res. 370-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator). Contingency Relief Funds from District 6 would be used to support the Community Violence Coordinator position.} Re: Comm. 725 Intr. by: Mr. Jacobson Waived: FC Ha~~ai'i County Council-22 Page 7 October 17, 2007 Res. 371-07: authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease of Real Property for the Office of the County Clerk- Elections Division. {Five-year lease for 800 square feet of office space would serve as a satellite Elections Office located at Pahoa Market Place Shopping Center (Suite 104, 15-2662 Pahoa Village Road, Pahoa) at an approximate cost of $1,249.99 per month. } Re: Comm. 726 Intr. by: Mr. lloffinann Waived: FC Rcs. 372-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $ti,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 5 would be used towards funding of a Community Violence Coordinator position.} Re: Comm. 727 Intr. by: Ms. Naeole Waived: FC Res. 373-07: transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated T'und Account(s). {Transfers/appropriates $2,000 out and fi~om Clerk-Council Services-Contingency Relief account; credits same to Office of the Mayor Committee on the Status of Women (Miscellaneous Contract-Girls Exploring Math and Science [GEMS]). Contingency Relief funds from District 7 would be used towards costs associated with the GEMS workshops to be held in Kailua-Kona on November 15, 2007.} Re: Comm. 728 Intr. by: Ms. Ford Waived: FC Res. 371-07: "Transfers/Appropriates an Appropriation Out and Prom the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). iTransfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Rclief accuunt; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Hawaiian Paradise Park Neighborhood Watch). Contingency Relief funds from District 5 would be used towards Hawaiian Paradise Park's Neighborhood Watch.} Re: Comm. 729 Inn'. by: Ms. Naeole Waived: FC I lawai'i County Council-22 Page 8 October 17, 2007 Res. 375-07: 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 the Prosecuting Attorney, Kona Prosecuting Attorney Other Current Expense (He Makuakane Maika'i 'O Hawai`i). Contingency Relief funds from District 4 would be used towards the West Hawaii Fatherhood Initiative Program for the He Makuakane Maika`i `O Hawaii project.} Re: Comm. 730 Intr. by: Mr. Higa Waived: FC Res. 376-07: I~ransfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Planning, Planning Other Current Expense, Miscellaneous Contract Services (Hilo Bay Watershed Advisory Group Website). Contingency Relief funds from District 4 would be used to support the Hilo Bay Watershed Advisory Group in creating a website.} Re: Comm. 731 InU'. by: Mr. Higa Waived: FC Res. 377-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {"fansfers/appropriates $5,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Culture and Arts Other Current Expense (1s` Annual Veterans Day Parade). Contingency Relief funds from District 9 would be used to help defray expenses for the I Annual Veterans Day Parade.} Re: Comm. 732 Intr. by: Mr. Hoffmann Waived: FC 10:00 A.M.: STATF,MENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST RCADING) Hawaii County Council-22 Page 9 October 17, 2007 BILLS FOR ORDINANCCS (FIRST READING) Bill 79 Amends Chapter 2~, Zoning Code, Article 4, Division 5, of the Hawaii County (Draft 2): Code 1983 (2005 Edition, as Amended), Relating to Off-Street Parking and Loading. {Relates to the required number and distribution of off-street parking and loading spaces for certain permitted uses under the Zoning Code.} Re: Comm. 267.3 Intr. by: Ms. Ford Approve: PC ~8 and Comm. 267.6: From Mayor Hang Kim, dated September 24, 2007, transmitting the Planning Commission's letters and enclosures relating to this bill. Bill 175 Initiates a Charter Amendment to Article VI, Chapter 4, of the Hawaii County (Draft 2): Charter (2000), Cstablishing 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.; Re: Connn.662.I Intr. by: Mr. Pilago Approve: PC-47 Postponed: October 3, 2007 2/3 Vote: First of three required readings, Section 15-I(a), Hawai`i County Charter (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Jacobson to approve Bill 175, Draft 2.) curl Comm. 662.1 1: From Council Member K. Angel Pilago, dated September 27, 2007, transmitting a proposed amendment to Bill 175, Draft 2: and Comm. 662.12: From Planning Director Christopher J. Yuen, dated October 2, 2007, suggesting some changes for clarity to Bill 175, Draft 2. Bill 177: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Establishes a new bus stop location along Kamehameha Avenue for a limited time from 2 p.m. to 3 p.m. on school days. } Re: Comm. 680 Intr. by: Ms. Ford (B/R) Approve: PWIRC-37 Hawaii County Council-22 Page 10 October 17, 2007 Bill 178: 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 Contribution from Private Source ($50,423); appropriates same to Rescue Equipment-Private.} Re: Comm. 681 Intr. by: Mr. Yagong Approve: FC-181 1:00 P.M.: STATEMENTS FROM THE VUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS ORDER OF THG DAY (SECOND OR FINAL READING) 13111 167 County Council Initiated: Amends Chapter 25, Zoning Code, Hawaii County Q7raft 2): Code 1983 (2005 Edition, as Amended), Relating to Retail Establishments. {Proposed amendment to Chapter 25 would not permit "superstores" on Hawaiian Home Lands.; Re: Comm. 32.84 Intr. by: Mr. Pilago Held Over Pursuant to Council Rule 25(e) October 3, 2007 (Note: There is a pending motion by Mr. Higa and duly seconded by Mr. Ikeda to approve Bill 167, as amended.) uru! [3111 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 oC Ooor area to the sale of groceries).} Re: Comm. 3236 Intr. by: Mc Higa I" Reading: September 19, 2007 (Note: To be discussed if the motion Tor reconsideration {see Comm. 32.85} passes and the amendment {see Comm. 32.72} to Bill 167 fails upon reconsideration.) and Comm. 32.85: From Council Member Dominic Yagong, dated October 4, 2007, requesting reconsideration of the vote on the amendment to bill 167 which would ban superstores on Hawaiian Home Lands (as contained in Communication 32.72) and Comm. 32.72: From Council Member K. Angel Pilago, dated October 3, 2007, transmitting a proposed amendment relating to superstores shall not be permitted on Hawaiian Home Lands. llawai'i County Council-22 Page 11 October 17, 2007 Bill 168 Amends Chapter 2, Article 8, of the Hawaii County Code 1983 (2005 Edition), as (Draft 2): Amended, Relating to the Deparhnent of Research and Development by Deleting Article 8 and ridding 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 sustainability.} Re: Comm. 64 L2 Intr. by: Mr. Hoffmann 1" Reading: October 3, 2007 Bill 170 Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of (Draft 3): I la~aai`i for the f fiscal Year Ending.lune 30, ?008. {Increases revenues in Fund Balance fi~om Prior Year- Designated ($12,855.24); appropriates to the following: Kohala Ranch Project IV ($I l,l 10.75), Luala`i at Parker Ranch Phase II ($1,504.54), and Wainani Estates Subdivision Phase 1 ($239.95), for a total of $12,855.24.} Re: Comm. 652.1 Intr. by: Mr. Yagong P' Reading: October 3, 2007 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 far registration fees, facility use, cast of meals, and other expenses of the Firs[ International Conference on the Coqui Frog to be held on February 7-9, 2008, in Waikoloa.} Re: Comm. 653 Intr. by: Mr. Yagong (B/R) I'" Reading: October 3. 2007 Bill 172: Amends Chapter 19, Article 7, Section 19-53(a) of the Hawaii County Code 1983 (2005 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 Intr. b}: Mr. Yagong I" Reading: October 3, 2007 Hawaii County Council-22 Page 12 October 17, 2007 Bill 173: Amends Chapter 5 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to hidigenous 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 provides for indemnification for the County under certain circumstances.} Ke: Comm. 657 Intr. by: Ms. Naeole I'' Reading: October 3, 2007 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 State Grants -Pahoa Weed & Seed ($67,325); appropriates same to Pahoa Weed & Seed. } Re: Comm. 660 Inu. by: Mr. Yagong I'" Reading: October 3, 2007 Bill 176 Amends Chapter 2 of the Hawaii County Code (2005 Edition, as Amended), (Draft 2): 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 Commission".} Re: Comm. 666.17 Intr. by: Mr. Pilago I" Reading: October 3, 2007 and Comm. 666.18: From Planning Director Christopher J. Yuen, dated October 3, 2007, transmitting for Council's information, the policies and practices for the treatment of historic sites in the land use process. 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 - I Acre (A-la) to Multiple Family Residential - 5,500 Square Eeet QZM-5.5) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-3-37:15 (approx. 1.278 acres). {Malulani, Inc., Applicant.} Re: Comm. 690 Inu. by: Mr.lkeda I" Reading: October 3, 2007 Hawaii Count} Council ?2 Page 13 October I7, 2007 REPORTS FINANCIAL Monthly Financial Status Report from the Finance Department for the Month Ended KIPOR"1': June 30, 2007. FG 178 Recommends the acceptance of the following: a monetary donation of $25 to the (Comm. 678): Parks and Recreation Department to be used towards the maintenance of the Pana'ewa Rainforest Goo and Gardens, donated by The Fraternal Order of Eagles- Hilo Hawaii Aerie #3642; and land clearing "in-kind" services to the Fire Department to level an area for a fire truck shelter in Miloli`i Village, donated by Mr. Julio Resureccion dba J.R. Bulldozing and Land Clearing (valued at $600). REFERRALS FOR );XCCUTIVC SESSION The 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 Council's powers, duties, prig ileges, immunities and liabilities, including the current stools of the litigation. A 2/3 vote pursuant to I IRS Section 92-d and Rule I 1 of the Rules of Procedure of the County Council is necessary to hold an e.~ecuti~~e mcetim~. Comm. 33.8: REQUES"L FOR EXECUTIVE SESSION TO DISCUSS ISSUES OF LIABILITY AND COUNCIL JURISDICTION RAISED BY AN AMENDMENT TO BILL 167 (AS CONTAINED IN COMMUNICATION 32.72) From Council Member Dominic Yagong, dated October 4, 2007. and Comm. 33.72: From Council Member K. Angel Pilago, dated October 3, 2007, transmitting a proposed amendment relating to superstores shall not be permitted on Hawaiian Home Lands. Comm. 698: MATTHEW MARTIN ET AL. V. REED MAHUNA, ET AL., CIVIL NO. CV 06-00640 DAE/KSC From Deputy Corporation Counsel Michael .I. Udovic, dated September 24, 2007. Comm. 718: MIT71 M. NAKANO V. COUNTY OF HAWAII, ET AL., CIVIL NO.: 07-1-0042 From Deputy Corporation Counsel Katherine A. Garson, dated October 4, 2007. O"I'HEI2I3USINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council-22 Page 14 October 17, 2007 ANNOUNCh:MI:NTS TUF,SDAY, NOVEMBER 6, 2007 COMMIT"fGf,S TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, NOVEMBER 7, 2007 COUNCIL 9:OOa.m. COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor MONDAY, NOVEMBER 19, 2007 COMMITTF.F:S "FBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, NOVEMBER 20, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA ADJOURNMF,N'f Note: B/R, when listed nest to the name of an Introducer, signities that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting pasty. It does not necessarily signify support of or ~~PPosition to the proposal. l'hc meeting place is accessible far persons with disabilities. Persons who need special accommodations for this meeting shuuld call 961-8255 by October 15, 2007. Persons using'fDDs may call 961-8521. Copies of an ifcm listed on the agenda may be viewed at the Hawaii County Services Office of 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 333 Kilauea Avenue, Hilo. Hawai' i 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, 6d-1067 Vl~unalahoa Highway, Suite 5, Waimea, Hawaii 96743. Videoconferencii~n, is available at the following locations: • Hilo Council Room at the Ben Franklin Building, Second Floor; and • Waimea Council Office al the Holomua Center. IC for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meetimz will continue. • Videoconfcrcncing from the Pahoa Neighborhood Facility will not be available. I lawai'i County Council-22 Page I S October 17, 2007 Submittine l~estimonv: Those persons wishing to testily in person at any of the three sites must register with the CounciVClerk'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 (SOS) 961-8912, or (3) by e-mail to courrcilres/imony a co.hawaii.hi.us. Please submit a separate testimony fm~ 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 Lobby: If yuu are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist. ,Article I5, Section 2-913(b), Hawaii County Code} A lobbyist means "any individual engaged for pay ur other consideration who spends more than five hours in any month or $275 in any six-monde period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article I5, Section 2-913(x)(6), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 333 Kilaucn Avenue, Hilo, Hawaii 96720. Go~~ernment Access Television: Channel 52 (Hilo and Kona) Wednesday, October 24, 2007, at 6 p.m.; Sunday, October 28, ?007, at 1030 a.m.; and Wednesday, October 31, 2007, at 6 p.m.