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HomeMy WebLinkAboutAGE COUNCIL 2007/12/19 2006-2008 PETE HOFFMANN BRENDA FORD Char & Presiding Officer Iyq, STAGY K. HIGH DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON Vice Chair ~i~~,~~,~~y~~ EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawai `i County Building 25 Aupunl Street Hilo, Hawai `i 96720 26`x' Session ~ O ©n rn CLl n Z C; t..+ C'T'i ORDER OF BUSINESS E W r 3 Hawaii County Council ~C t:. F+ Sheraton Keauhou Bay Resort and Spa z O 78-128 Ehukai Street ~ ca Kailua-Kona, Hawaii o Wednesday, December 19, 2007 8:30 a.m. INVOCATION Pastor Jason Meechan of Thy Word Ministries -Kona CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 7, 2007 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People ojOur Island Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council-26 Page 2 December 19, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 356-07 Embraces and Adopts the Principles of Zero Waste as a Long-Term Goal for (Draft 2): Hawaii County; and EMC-10. Res. 428-07: Authorizes the Acceptance of a Monetary Donation of $4,647 to the Hawaii Fire Department. {Donated by HFM FBO PruTimber Fund Three. These funds would be used by the Laupahoehoe and Pa`auilo Volunteer Fire Companies to purchase fire suppression equipment and supplies.}; and FC-204. Res. 429-07 Requests the Director of Public Works to Work with the Planning Department, the (Draft 2): Public, and the Hawaii County Council to Update and Revise Chapter 3 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Signs (Sign Code); and PWIRC-45. Res. 436-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $20,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Environmental Management Transfer to Sewer Fund (Ka Hale O Na Keiki Project). Contingency Relief funds from District 1 would be used as a grant for the Ka Hale O Na Keiki Preschool project that has been mandated to close its large capacity cesspool, consequently tearing up the playground and tricycle pathway.} Res. 437-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expense (Hawaiian Independence Day Celebration and the Pahoa Christmas Parade). Contingency Relief funds from District 4 would be used to assist in the coordination of the Hawaiian Independence Day Celebration and the Pahoa Christmas Parade, and additional activities or projects.} Hawaii County Council-26 Page 3 December 19, 2007 Res. 438-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion -Miscellaneous Contract Services (Third Annual Hilo Pow Wow). Contingency Relief funds from District 5 would be used towards the Third Annual Hilo Pow Wow to be held on May 24-26, 2008, at the Wailoa River State Park.} Res. 440-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $41,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Fire Department Ocean Safety Other Current Expense (Lifeguard Station -Spencer Beach). Contingency Relief funds from District 9 would be used towards the purchase of a Surveyor Apex Lifeguard Station for Spencer Beach.} Res. 441-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense (Waiakea Recreation Center- Boxing Equipment and Shipping). Contingency Relief funds from District 4 would be used towards the purchase and shipping cost of new boxing equipment for the Waiakea Recreation Center.} Res. 444-07: 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 Agriculture Research and Development Other Current Expense (Hawai`i Island Tea Society). Contingency Relief funds from District 6 would be used to support the Hawaii Island Tea Society's propagation and educational outreach programs.} Res. 449-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $20,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development New Industry and Industry Development, Miscellaneous (People Out Supporting Hilo). Contingency Relief funds from District 4 would be used towards the People Out Supporting Hilo.} Hawaii County Council-26 Page 4 December 19, 2007 Res. 450-07: Accepts the Donation of Real Property, Being a Portion of Tax Map Keys:(3)5-4-009:004 and 027, Situate at Kapa`au, in the District of North Kohala, County and State of Hawaii, from EWM Investments LLC. {Donation of parcel to the County would help to facilitate the creation of a skate park and contains an area of approx..740 acres.} Res. 451-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,208 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 (Ho`okako`o Corporation-Waimea Middle School). Contingency Relief funds from District 9 would be used towards the Waimea Middle School Student Leadership program to attend the Disney Leadership Training Conference in February 2008 in Southern California.} Res. 452-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Coordinated Services-Equipment (New Copy Machine and Digital Camera). Contingency Relief funds from District 1 would be used to purchase a new copy machine and digital camera for the Elderly Activities Division.} Res. 453-07: 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 Prosecuting Attorney, Prosecuting Attorney Other Current Expense Miscellaneous, Contract Services (2"d Annual Aloha Aina Park Clean Up in Keaukaha at Wai`uli). Contingency Relief funds from District 4 would be used towards the 2id Annual Aloha Aina Park Clean-up at Wai`uli in Keaukaha.} Res. 454-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $25,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Fire Department Training and Volunteer Fire Other Current Expense (Public Safety Supplies). Contingency Relief funds from District 6 would be used to purchase equipment for the Pahala Volunteer Fire Station. } Hawaii County Council-26 Page 5 December 19, 2007 Res. 455-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $25,000 out and from Clerk-Council Services-Contingency Relief account; credits wine to Fire Department Training and Volunteer Fire Other Current Expense (Public Safety Supplies). Contingency Relief funds from District 6 would be used to purchase equipment for the Na`alehu Volunteer Fire Station. } 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 44 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2) Code) of the Hawaii County Code, by Changing the District Classification from (2000-2002): Agricultural (A-20a) to Family Agricultural (FA-]a) at Kaumana, South Hilo, Hawaii, Covered by Tax Map Keys:2-5-44:1 and 2-5-45:Portion 1 (approx. 114.574 acres). {Richard M. Towill, Applicant.}; and PC-58. Bill 203: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential 10,000 Square Feet (RS-10) to Neighborhood Commercial 20,000 Square Feet (CN-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-034:084 (approx. 22,500 square feet). {GHC Investments, LLP (formerly known as DMS Investments, LLLP), Applicant.}; and PC-57. Bill 204: Divides Leleiwi Beach Park Into Two New Beach Parks, Name These Two New Parks Pursuant to Chapter 15, Article 8, and to Retain Current Provisions for Consumption of Intoxicating Liquors Pursuant to Chapter 14, Article 1 of the Hawaii County Code 1983 (2005 Edition, as Amended). {Proposes to remove the name "Leleiwi Beach Park", creates two separate parks (one on each tax map key), and names the two new beach parks ("Wai`olena" and "Wai`uli").}; and PSPRC-9. Bill 205: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition), as Amended, Relating to Vehicles and Traffic. {Reduces the length of the existing freight loading zone from 120 feet in length to 44 feet in length.}; and PWIRC-44. Bill 206: 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 ($4,647); appropriates same to Various Fire Contributions -Private.}; and FC-205. Hawaii County Council-26 Page 6 December 19, 2007 Bill 208: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Transfer from General Fund ($42,000); appropriates to the following: Office for Social Ministry -Pahoa Homeless Program ($25,000) and Office for Social Ministry - Hawai`i Island Food Basket ($17,000), for a total of $42,000. Funds would be used to establish a Pahoa Homeless Program and supplement the supply of food to the Hawaii Island Food Basket.} 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, AND REFERRALS FOR EXECUTIVE SESSION ORDER OF THE DAY (SECOND OR FINAL READING) Bill 175 Initiates a Charter Amendment to Article VI, Chapter 4, of the Hawaii County (Drafr 4): 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-L(1), Hawai`i Revised Statutes, with the Mayor appointing the remaining members in accordance with Section 13-4, Hawaii County Charter.} Bill 190: County Council Initiated: Amends Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Wind Energy Facilities Within the Open District. {From Mayor Harry Kim, dated October 17, 2007, transmitting the Planning Commission's letters and enclosures regarding the above matter. The Planning Commission forwards a favorable recommendation regarding the proposed amendment to Chapter 25, which would permit wind energy facilities in the Open (O) zoned district.} (Note: The Council adopted Resolution 235-07 on July 10, 2007, which requested the Planning Commission to review and submit recommendations on this proposed Zoning Code amendment, which are contained in Communication 752.) Bill 194 Amends Chapter 3, Article 1, Division 6, Section 3-22, Hawaii County Code 1983 (Drafr 2): (2005 Edition, as Amended) Relating to Variances. {Proposed amendment relates to an applicant's responsibilities when submitting a variance application from this Chapter (the Sign Code).} Bill 200: 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 -Waipio Park Ranger Pilot Program ($60,000); appropriates same to Waipio Park Ranger Pilot Program.} Hawaii County Council-26 Page 7 December 19, 2007 Bill 201: 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 Previous Year ($2,806,233); appropriates to the following: Traffic Division -Other Current Expense ($4,000), Highway Maintenance Administration -Other Current Expense ($21,000), Highway Maintenance Administration - Equipment ($694,596), North and South Kohala Road-Other Current Expense ($197,000), North and South Kona Road -Other Current Expense ($30,000), Storm Water Management ($500,000), Highway Mass Transit -Other Current Expense ($489,637), Highway Mass Transit -Equipment ($300,000), Transfer to Capital Project Fund ($570,000), for a total of $2,806,233. Certifies that there is a balance of $2,806,233.43 in the Highway Fund fund balance as of June 30, 2007, and requests that these funds be appropriated to the aforementioned accounts.} REPORTS PSPRC-10 Recommends approval of the nomination of Mr. Melvyn Aila, Mr. Rudy Hart, (Comm. 817): Mr. Edgar Ombac "Eddie O", and Mc Terry Wallace to the Fire Board of Appeals. REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-5(a)(8), Hawaii Revised Statutes, as amended, for the purpose of deliberating upon a matter that requires the consideration of information that must be kept confidential pursuant to State law. A 2/3 vote pursuant to HRS Section 92-4 and Rule 1 1 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 589.6: EXECUTIVE SESSION TO DISCUSS LEGISLATIVE LIAISON RFP From Council Chair Pete Hoffmann, dated December 10, 2007, requesting that this matter be agendized in anticipation of discussing the bids received from the Legislative Liaison RFP. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, JANUARY 8, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-26 Page 8 December 19, 2007 WEDNESDAY, JANUARY 9, 2008 COUNCIL 9:00 a.m. COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, JANUARY 23, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor THURSDAY, JANUARY 24, 2008 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies thaC the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by December 17, 2007. Persons using TDDs may call 961-8521. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at htt~//co.hawaii.hi.us/comtcil/a eg n~as and actions.htm; the County Clerk's Office, 333 Kilauea Avenue, Hilo; the Office of the Mayor, 75-5706 Kuakini Highway, Suite 103, Kailua-Kona; the Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and the Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea. For further information, please call 961-8255. Videoconferencine is available at the following locations: • Hilo Council Room at the Ben Franklin Building, Second Floor; and • Waimea Council Office at the Holomua Center. 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. Submittine Testimony: Those wishing to testify in person must register with the County Clerk's staff. Those submitting written testimony at the meeting should bring seventeen (17) copies for distribution. Testimony may also be submitted (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni St., Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail [o councillestimouy~ co.hawuii.hi.us. Please submit separate testimony for each item. For testimony received via e-mail or fax, copies will be distributed at the meeting when transmitted in a timely manner. All oral and written testimony will be made a part of the public record. Hawaii County Council-26 Page 9 December 19, 2007 V iewin¢ of Meetings on Government Access Television -Channel 52: Wednesday, December 26, 2007, at 6 p.m.; Sunday, December 3Q 2007, at 10:30 a.m.; and Wednesday, January 2, 2008, at 6 p.m. PETE HOFFMANN BRENDA FORD ^ . S1~4 STACY K. HIGA Chair&Presidircg Officer '6,. DONALD IKEDA K. ANGEL PILAGO BOB 7ACOBSON vice Chair ~ .•'y' EMILY NAEOLE r`•°i~"~ DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawai `i 96720 26`x' Session ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Annotated Version (This is an unofficial annotated version of the agenda for use by Council Members and departmental officials.) Wednesday, December 19, 2007 8:30 a.m. INVOCATION Pastor Jason Meechan of Thy Word Ministries -Kona CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 7, 2007 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People ojOur /sland Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council-26 Page 2 December 19, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 356-07 Embraces and Adopts the Principles of Zero Waste as a Long-Term Goal for (Draft 2): Hawaii County. Re: Comm. 707.2 Intr. by: Mr. Jacobson Approve: EMC-10 Res. 428-07: Authorizes the Acceptance of a Monetary Donation of $4,647 to the Hawaii Fire Department. {Donated by HFM FBO PruTimber Fund Three. These funds would be used by the Laupahoehoe and Pa`auilo Volunteer Fire Companies to purchase fire suppression equipment and supplies.} Re: Comm. 823 Intr. by: Mr. Yagong Approve: FC-204 Res. 429-07 Requests the Director of Public Works to Work with the Planning Department, the (Draft 2): Publio, and the Hawaii County Council to Update and Revise Chapter 3 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Signs (Sign Code). Re: Comm. 825.1 Intr. by: Mr. Higa No Recommendation: PWIRC-45 Res. 436-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $20,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Environmental Management Transfer to Sewer Fund (Ka Hale O Na Keiki Project). Contingency Relief funds from District 1 would be used as a grant for the Ka Hale O Na Keiki Preschool project that has been mandated to close its large capacity cesspool, consequently tearing up the playground and tricycle pathway.} Re: Comm. 836 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-26 Page 3 December 19, 2007 Res. 437-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expense (Hawaiian Independence Day Celebration and the Pahoa Christmas Parade). Contingency Relief funds from District 4 would be used to assist in the coordination of the Hawaiian Independence Day Celebration and the Pahoa Christmas Parade, and additional activities or projects.} Re: Comm. 837 Intr. by: Mr. Higa Waived: FC Res. 438-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion -Miscellaneous Contract Services (Third Annual Hilo Pow Wow). Contingency Relief funds from District 5 would be used towards the Third Annual Hilo Pow Wow to be held on May 24-26, 2008, at the Wailoa River State Park.} Re: Comm. 838 Intr. by: Ms. Naeole Waived: FC Res. 440-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $41,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Fire Department Ocean Safety Other Current Expense (Lifeguard Station -Spencer Beach). Contingency Relief funds from District 9 would be used towards the purchase of a Surveyor Apex Lifeguard Station for Spencer Beach.} Re: Comm. 840 Intr. by: Mr. Hoffmann Waived: FC Hawaii County Council-26 Page 4 December 19, 2007 Res. 441-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense (Waiakea Recreation Center- Boxing Equipment and Shipping). Contingency Relief funds from District 4 would be used towards the purchase and shipping cost of new boxing equipment for the Waiakea Recreation Center.} Re: Comm. 841 Intr. by: Mr. Higa Waived: FC Res. 444-07: 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 Agriculture Research and Development Other Current Expense (Hawai`i Island Tea Society). Contingency Relief funds from District 6 would be used to support the Hawaii Island Tea Society's propagation and educational outreach programs.} Re: Comm. 844 Intr. by: Mr. Jacobson Waived: FC Res. 449-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $20,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development New Industry and Industry Development, Miscellaneous (People Out Supporting Hilo). Contingency Relief funds from District 4 would be used towards the People Out Supporting Hilo. } Re: Comm. 850 Intr. by: Mr. Higa Waived: FC Res. 450-07: Accepts the Donation of Real Property, Being a Portion of Tax Map Keys:(3)5-4-009:004 and 027, Situate at Kapa`au, in the District of North Kohala, County and State of Hawaii, from EWM Investments LLC. {Donation of parcel to the County would help to facilitate the creation of a skate park and contains an area of approx..740 acres. } Re: Comm. 854 Intr. by: Mr. Ikeda Waived: PSPRC Hawaii County Council-26 Page 5 December 19, 2007 Res.451-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,208 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 (Ho`okako`o Corporation-Waimea Middle School). Contingency Relief funds From District 9 would be used towards the Waimea Middle School Student Leadership program to attend the Disney Leadership Training Conference in February 2008 in Southern California.} Re: Comm. 857 Intr. by: Mr. Hoffmann Waived: FC Res. 452-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Coordinated Services-Equipment (New Copy Machine and Digital Camera). Contingency Relief funds from District 1 would be used to purchase a new copy machine and digital camera for the Elderly Activities Division.} Re: Comm. 859 Intr. by: Mr. Yagong Waived: FC Res.453-07: 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 Prosecuting Attorney, Prosecuting Attorney Other Current Expense Miscellaneous, Contract Services (2"d Annual Aloha Aina Park Clean Up in Keaukaha at Wai`uli). Contingency Relief funds from District 4 would be used towards the 2"d Annual Aloha Aina Park Clean-up at Wai`uli in Keaukaha.} Re: Comm. 860 Intr. by: Mr. Higa Waived: FC Hawaii County Council-26 Page 6 December 19, 2007 Res. 454-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $25,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Fire Department Training and Volunteer Fire Other Current Expense (Public Safety Supplies). Contingency Relief funds from District 6 would be used to purchase equipment for the Pahala Volunteer Fire Station. } Re: Comm. 861 Intr. by: Mr. Jacobson Waived: FC Res. 455-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $25,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Fire Department Training and Volunteer Fire Other Current Expense (Public Safety Supplies). Contingency Relief funds from District 6 would be used to purchase equipment for the Na`alehu Volunteer Fire Station.} Re: Comm. 862 Intr. by: Mr. Jacobson Waived: FC 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 44 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2) Code) of the Hawaii County Code, by Changing the District Classification from (2000-2002): Agricultural (A-20a) to Family Agricultural (FA-la) at Kaumana, South Hilo, Hawaii, Covered by Tax Map Keys:2-5-44:1 and 2-5-45:Portion 1 (approx. 114.574 acres). {Richard M. Towill, Applicant.} Re: Comm. 292.2 (2002-2004) Intr. by: Ms. Leithead-Todd Negative: PC-58 Hawaii County Council-26 Page 7 December 19, 2007 Bill 203: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential 10,000 Square Feet (RS-10) to Neighborhood Commercial 20,000 Square Feet (CN-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-034:084 (approx. 22,500 square feet). {GHC Investments, LLP (formerly known as DMS Investments, LLLP), Applicant. } Re: Comm. 813 Intr. by: Mr. Hoffmann Approve: PC-57 Bill 204: Divides Leleiwi Beach Park Into Two New Beach Parks, Name These Two New Parks Pursuant to Chapter 15, Article 8, and to Retain Current Provisions for Consumption of Intoxicating Liquors Pursuant to Chapter 14, Article I of the Hawaii County Code 1983 (2005 Edition, as Amended). {Proposes to remove the name "Leleiwi Beach Park", creates two separate parks (one on each tax map key), and names the two new beach parks ("Wai`olena" and "Wai`uli").} Re: Comm. 815 Intr. by: Mr. Higa Approve: PSPRC-9 ;and Comm. 815.1. Bill 205: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition), as Amended, Relating to Vehicles and Traffic. {Reduces the length of the existing freight loading zone from 120 feet in length to 44 feet in length.} Re: Comm. 822 Intr. by: Ms. Ford (B/R) Approve: PWIRC-44 Bill 206: 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 ($4,647); appropriates same to Various Fire Contributions -Private.} Re: Comm. 823 Intr. by: Mr. Yagong Approve: FC-205 Hawaii County Council-26 Page 8 December 19, 2007 Bill 208: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Transfer from General Fund ($42,000); appropriates to the following: Office for Social Ministry -Pahoa Homeless Program ($25,000) and Oftce for Social Ministry - Hawai`i Island Food Basket ($17,000), for a total of $42,000. Funds would be used to establish a Pahoa Homeless Program and supplement the supply of food to the Hawaii Island Food Basket.} Re: Comm. 858 Intr. by: Mr. Yagong Waived: FC 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, AND REFERRALS FOR EXECUTIVE SESSION ORDER OF THE DAY (SECOND OR FINAL READING) Bill 175 Initiates a Charter Amendment to Article Vl, Chapter 4, of the Hawaii County (Draft 4): 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.} Re: Comm. 662.28 Intr. by: Mr. Pilago Postponed: October 3, 2007 l~' Reading: October 17, 2007 Amended to Draft 4 and Filed: November 7, 2007 (due to a vote of 5-ayes and 4-noes); Second of three required readings, Section 15-1(a), Hawaii County Charter, 2/3 vote required. Motion to Reconsider: November 20, 2007 2"d Reading: December 5, 2007 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai`i County Charter Hawaii County Council-26 Page 9 December L9, 2007 Bill 190: County Council Initiated: Amends Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Wind Energy Facilities Within the Open District. {From Mayor Harry Kim, dated October 17, 2007, transmitting the Planning Commission's letters and enclosures regarding the above matter. The Planning Commission forwards a favorable recommendation regarding the proposed amendment to Chapter 25, which would permit wind energy facilities in the Open (O) zoned district.} (Note: The Council adopted Resolution 235-07 on July 10, 2007, which requested the Planning Commission to review and submit recommendations on this proposed Zoning Code amendment, which are contained in Communication 752.) Re: Comm. 752 Intr. by: Mr. Pilago 1'" Reading: December 5, 2007 Bill 194 Amends Chapter 3, Article 1, Division 6, Section 3-22, Hawaii County Code 1983 (Draft 2): (2005 Edition, as Amended) Relating to Variances. {Proposed amendment relates to an applicant's responsibilities when submitting a variance application from this Chapter (the Sign Code).} Re: Comm. 762.2 Intr. by: Ms. Ford I~' Reading: November 20, 2007 Postponed: December 5, 2007 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Jacobson to approve Bill 194, Draft 2.) Bill 200: 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 -Waipio Park Ranger Pilot Program ($60,000); appropriates same to Waipio Park Ranger Pilot Program.} Re: Comm. 800 Intr. by: Mr. Yagong I s' Reading: December 5, 2007 Hawaii County Council-26 Page 10 December 19, 2007 Bill 201: 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 Previous Year ($2,806,233); appropriates to the following: Traffic Division -Other Current Expense ($4,000), Highway Maintenance Administration -Other Current Expense ($21,000), Highway Maintenance Administration - Equipment ($694,596), North and South Kohala Road -Other Current Expense ($197,000), North and South Kona Road -Other Current Expense ($30,000), Storm Water Management ($500,000), Highway Mass Transit -Other Current Expense ($489,637), Highway Mass Transit -Equipment ($300,000), Transfer to Capital Project Fund ($570,000), for a total of $2,806,233. Certifies that there is a balance of $2,806,233.43 in the Highway Fund fund balance as of June 30, 2007, and requests that these funds be appropriated to the aforementioned accounts.} Re: Comm. 801 Intr. by: Mr. Yagong ls' Reading: December 5, 2007 REPORTS PSPRC-10 Recommends approval of the nomination of Mc Melvyn Aila, Mr. Rudy Hart, (Comm. 817): Mr. Edgar Ombac "Eddie O", and Mr. Terry Wallace to the Fire Board of Appeals. REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-5(a)(8), Hawaii Revised Statutes, as amended, for the purpose of deliberating upon a matter that requires the consideration of information that must be kept confidential pursuant to State law. A 2/3 vote pursuant to HRS Section 92-4 and Rule 1 1 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 589.6: EXECUTIVE SESSION TO DISCUSS LEGISLATIVE LIAISON RFP From Council Chair Pete Hoffmann, dated December 10, 2007, requesting that this matter be agendized in anticipation of discussing the bids received from the Legislative Liaison RFP. OTHER BUSINESS ([ncluding but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, JANUARY 8, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-26 Page 11 December 19, 2007 WEDNESDAY, JANUARY 9, 2008 COUNC[L 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, JANUARY 23, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor THURSDAY, JANUARY 24, 2008 COUNCIL 9:00 a.m. COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by December 17, 20(17. Persons using TDDs may call 961-8521. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at http://co.hawaii.hi.us/council/agendas and ac[ions.htm; the County Clerk's Office, 333 Kilauea Avenue, Hilo; the Office of the Mayor, 75-5706 Kuakini Highway, Suite 103, Kailua-Kona; the Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and the Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea. For further information, please call 961-8255. VideoconferencinQ is available at the following locations: • Hilo Council Room at the Ben Franklin Building, Second Floor; and • Waimea Council Office at the Holomua Center. If 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 Testimony: Those wishing to testify in person must register with the County Clerk's staff. Those submitting written testimony at the meeting should bring seventeen (17) copies for distribution. Testimony may also be submitted by mail to the County Clerk's Office in Hilo at 25 Aupuni St., Hilo, Hawaii, 96720; (2) by facsimile tp (808) 961-8912; or (3) by e-mail to counciltestimony~a co.hawali.hi.us. Please submit separate testimony for each item. For testimony received via a-mail or fax, copies will be distributed at the meeting when transmitted in a timely manner. All oral and written testimony will be made a part of the public record. Hawaii County Council-26 Page 12 December 19, 2007 V iewin~ of Meetings on Government Access Television -Channel 52: Wednesday, December 26, 2007, at 6 p.m.; Sunday, December 30, 2007, at 1030 a.m.; and Wednesday, January 2, 2008, at 6 p.m.