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HomeMy WebLinkAboutAGE COUNCIL 2008/01/09 2006-2008 BRENDA FORD PETE HOFFMANN g;!,C~ . N':F., Chair & Presiding Officer ~%q. STACY K. HIGA i, DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON Vice Chair , •'r~' EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni S[reet Hilo, Hawaii 96720 ev 0 0 c7 °6 27`h Session ~ ~ ~ a z0 Z ~ • (V ti . ORDER OF BUSINESS - . , _ ~ ~t.. 3 t`! i Hawaii County Council ` I"J 333 Kilauea Avenue cn F--. (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, January 9, 2008 8:30 a.m. INVOCATION Minister Earl Ikeda of Puna Hongwanji Mission CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 9 and November 20, 2007 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests ojthe People of Our Island Hawaii County is an Equat Opportunity Provider and Employer. Hawaii County Council-27 Page 2 January 9, 2008 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 589.7: LEGISLATIVE LIAISON TASK FORCE STATUS REPORT From Council Chair Pete Hoffmann, dated December 31, 2007, requesting that this matter be agendized. ORDER OF RESOLUTIONS Res. 433-07: Accepts the Dedication of Road Lots "A," "B," and "C," Being Portions of Tax Map Keys: (3)2-4-010:001 and 132, Situate at Waiakea, District of South Hilo, County and State of Hawaii, from Kahaopea '03, LLC. {The acceptance of the following pazcels are for public road and drainage purposes: Road Lot "A" (Maikai Street) consists of 71,524 square feet, Road Lot "B" (Makala Place) consists of 12,814 square feet, and Road Lot "C" (Makale`a Place) consists of ] 3,927 square feet.}; and PWIRC-46. Res. 442-07: Supports H.R. 676 That Would Establish the United States National Health Insurance Act. {Urges the United States Congress to pass H. R. 676.}; and PWIRC-47. Res. 443-07 Amends Resolution No. 342-07, Drafr 2, Further Amending the Rules of Procedure (Draft 2): and Organization of the Council of the County of Hawaii. {In order to be consistent with the current practices of the Council and to provide clarification to specific areas of these rules, the proposed amendments relate to the following: Rule No. 2 (Meetings), Rule No. 10 (Committee Reports), Rule No. I1 (Voting), Rule No. 15 (Motions), and Rule No. 16 (Reconsideration).}; and PWIRC-48. Res. 445-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for Three Open Top Refuse Trailers. {The five-year lease agreement with purchase options will be utilized by the Department of Environmental Management's Solid Waste Division.}; and FC-207. Res. 446-07: Authorizes the Payment of Funds of a Later Fiscal Yeaz and of More Than One Fiscal Year for Six Truck Tractors. {The five-year lease agreement with purchase options will be utilized by the Depaztment of Environmental Management's Solid Waste Division.}; and FC-208. Hawaii County Council-27 Page 3 Januazy 9, 2008 Res. 447-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for aMulti-Year Lease (five years) for a Copier for the Department of Environmental Management. {Due to the expansion and consolidation of office staff over the years, an additional copier would improve the efficiency of the staff.}; and FC-209. Res. 448-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease (ten years) of Real Property. {The lease with Hawaii Hardware Company Limited is located at 550 Kilauea Avenue in South Hilo (approx. 19,171 square feet) with a monthly rental cost of $9,000 for the first five years, then $11,454 a month for the remaining five years. and FC-210. Res. 456-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $9,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion (Friends of the Palace Theater - 6`h Annual Hilo Chinese New Year Festival). Contingency Relief funds from District 6 would be used to support the 6`h Annual Chinese New Year Festival.} Res. 457-08: 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 (Third Annual Pow Wow). Contingency Relief funds from District 6 would be used to support the Third Annual Pow Wow.} Res. 458-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Project Fund -General (District 9 Park Improvements - Ho`oko Street Park Backstop). Contingency Relief funds from District 9 would be used to help defray expenses for the completion of the Ho`oko Street Park Backstops.} Res. 460-08: 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 Planning Department, Planning Other Current Expense, Miscellaneous Contract Services (Envision Downtown Hilo 2025, Phase II). Contingency Relief funds from District 1 would be used to support Phase II of the Envision Downtown Hilo 2025 project.} Hawaii County Council-27 Page 4 January 9, 2008 Res. 461-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Planning Department, Planning Other Current Expense (Environmental and Spatial Technology (EAST) Partnership Conference). Contingency Relief funds from District 3 would be used towards travel expenses for four students and one teacher/facilitator to attend the national EAST Partnership Conference on February 19-21, 2008, in Hot Springs, Arkansas.} Res. 465-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to 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 cover the costs of the Hawaiian Independence Day Celebration, the Pahoa Christmas Parade, and additional activities or projects designed to perpetuate the diversity of our Island's cultural practices and traditions.} Res. 474-08: Creates aCustodian/Groundskeeper I (3/ST) Position for the Department of Public Works. {Civil Case No. 98-244, United Public Workers (UPW) versus the County of Hawaii, relating to the privatization of janitorial and ground maintenance, the Public Works Department has taken on the task to provide the maintenance needs of various County Departments and Agencies. Due to the extensive travel time between South Hilo and Ka`u, this position would be stationed in Ka`u and would service sites in Pahala, Na`alehu, Hawaiian Ocean View Estates, and Pahoa.} Res. 475-08: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease (five years) of Warehouse Space in Kailua-Kona. {The lease with Hansen Commercial Investments, LLC, an Oregon Limited Liability Company, is located at 73-4164 Huliko`a Street in Kailua-Kona (approx. 3.718 square feet) with a monthly rental cost of $5,402 (from February 1, 2008, to July 31, 2010), then $5,807 a month (from August 1, 2010, to January 31, 2013), and Common Area Maintenance charges of $0.27 per square feet per month, commencing on February 1, 2008, or the date of delivery of the space to the County, whichever comes later, with the option to extend the lease for another five years subject to agreement on rent between the County and the Landlord.} Res. 476-08: Creates Four Water Safety Officer II Positions for the Hawaii Fire Department. {These positions would provide lifeguard services for the Isaac Hale Memorial Beach Park in Puna.} Hawaii County Council-27 Page 5 January 9, 2008 Res. 477-08: 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/Film Festival (Friends of the Palace Theater - 6'" Annual Hilo Chinese New Year Festival). Contingency Relief funds from District 6 would be used to support the 6'" Annual Chinese New Year Festival.} Res. 478-08: 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 -Steam Cleaning). Contingency Relief funds from District 3 would be used for the purpose of steam cleaning the curtains at the Waiakea Recreation Center.} Res. 479-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,650 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Elderly Activities Division Recreation Equipment (Miscellaneous Equipment). Contingency Relief funds from District 6 would be used towards the purchase of a pool table for the Pahala Senior Center.} Res. 480-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Elderly Activities Division Recreation Other Current Expense Educational/Recreational/Scientific Supplies (Kohala Senior Center Chairs). Contingency Relief funds from District 9 would be used to purchase global folding metal padded chairs for the Kohala Senior Center.} Res. 481-08: 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 Hawaii County Resource Center, Miscellaneous Contract Services (Waikoloa Community Development Plan (CDP) Outreach Program). Contingency Relief funds from District 9 would be used towards the Waikoloa CDP's "public outreach" and "community readiness" programs.} 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIIiST READING) Hawaii County Council-27 Page 6 January 9, 2008 BILLS FOR ORDINANCES (FIRST READING) Bill 207 Amends Chapter 19, Article 10, Hawaii County Code (2005 Edition, as Amended), (Draft 2): Establishing a Real Property Tax Exemption for Kuleana Land. {Adds a new Section 19-89.5 "Kuleana land exemption" and inserts references to this new section in Section 19-68 relating to "claims for certain exemptions" as appropriate.}; and FC-211; and Comm. 851.6: From Council Member K. Angel Pilago, dated December 26, 2007, transmitting proposed amendments to Bill 207, Drag 2. 11:00 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 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.} Bill 204 Divides Leleiwi Beach Park Into Two New Beach Pazks, Name These Two New (Draft 2): 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 pazks (one on each tax map key), and names the two new beach parks ("Wai`olena" and "Wai`uli").} 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.} 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.} Hawaii County Council-27 Page 7 January 9, 2008 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.} REPORTS FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended REPORT: November 30, 2007. FC-206 Recommends acceptance of a monetary donation of $2,777.16 to the Department of (Comm. 845): Parks and Recreation by Hermann Fernandez, and would be used for materials and construction costs towazds the completion of the Kamehameha Park Basketball courts. REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote pursuant to HRS Section 92-4 and Rule 11 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 874: HIRING OF SPECIAL COUNSEL FOR WORKERS COMPENSATION DIVISION From Corporation Counsel Lincoln S. T. Ashida, dated December 13, 2007. Comm. 884: CLAIM AGAINST THE COUNTY/JAIRUS K. FUKUNAGA From Deputy Corporation Counse] Joseph K. Kamelamela, dated December 21, 2007. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS WEDNESDAY, JANUARY 23.2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-27 Page 8 January 9, 2008 THURSDAY JANUARY 24, 2008 COUNCIL TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY FEBRUARY 5, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 K7auea Avenue Ben Franklin Building Second Floor WEDNESDAY FEBRUARY 6, 2008 COUNCIL TBA 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 January 7, 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 http //co hawaii hi us/council/a eg ndas 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. Videoconferencina is available at the following locations: • Kona Council Office at the Kailua Trade Center; and • Waimea Council Office at the Holomua Center. If for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. Submitting Testimonv: 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 to counciltestimony(n~co.hawaii.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. V iewine of MeetinQS on Government Access Television -Channel 52: Wednesday, January 16, 2008, at 6 p.m.; Sunday, January 20, 2008, at 10:30 a.m.; and Wednesday, January 23, 2008, at 6 p.m. PETE HOFFMANN "•"•'.4,~ BRENDA FORD `~5' STACY K. RIGA Chair & Presiding Ojfrcer DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON vice Chair °•y EMILY I. NAEOLE o. x~ DOMINIC YAGONG JYOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Building ~..J m 25 Aupuni S[reet Q L Hilo, Hawaii 96720 ~ ~ ~ ~t ; r; 27`x' Session _ i,- N _ , ORDER OF BUSINESS r r~' ~ 1 N ice, Hawaii CounTy Council F~+ 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Annotated Version (This is an unofficial annotated version of the agenda for use by Council Members and departmental officials.} Wednesday, January 9, 2008 8:30 a.m. INVOCATION Minister Earl Ikeda of Puna Hongwanji Mission CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 9 and November 20, 2007 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer. _ _ Hawaii County Council-27 Page 2 January 9, 2008 MEMORIALS, CERTIFICATES OF MERIT, ANA EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 589.7: LEGISLATIVE LIAISON TASK FORCE STATUS REPORT From Council Chair Pete Hoffmann, dated December 31, 2007, requesting that this matter be agendized. ORDER OF RESOLUTIONS Res. 433-07: Accepts the Dedication of Road Lots "A," "B," and "C," Being Portions of Tax Map Keys: (3)2-4-010:001 and 132, Situate at Waiakea, District of South Hilo, County and State of Hawaii, from Kahaopea'03, LLC. {The acceptance of the following parcels are for public road and drainage purposes: Road Lot "A" (Maikai Street) consists of 71,524 square feet, Road Lot "B" (Makala Place) consists of 12,814 square feet, and Road Lot "C" (Makale`a Place) consists of 13,927 square feet. } Re: Comm. 831 Intr. by: Ms. Ford (B/R) Approve: PWIRC-46 Res. 442-07: Supports H.R. 676 That Would Establish the United States National Health Insurance Act. {Urges the United States Congress to pass H. R. 676.} Re: Comm. 842 Intr. by: Mr. Yoshimoto Approve: PWIRC-47 Res. 443-07 Amends Resolution No. 342-07, Draft 2, Further Amending the Rules of Procedure (Drafr 2): and Organization of the Council of the County of Hawaii. {In order to be consistent with the current practices of the Council and to provide clarification to specific azeas of these rules, the proposed amendments relate to the following: Rule No. 2 (Meetings), Rule No. 10 (Committee Reports), Rule No. 11 (Voting), Rule No. 15 (Motions), and Rule No. 16 (Reconsideration).} Re: Comm. 843.2 Intr. by: Mr. Hoffmann Approve: PWIRC-48 Hawaii County Council-27 Page 3 January 9, 2008 Res. 445-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for Three Open Top Refuse Trailers. {The five-year lease agreement with purchase options will be utilized by the Department of Environmental Management's Solid Waste Division.} Re: Comm. 846 Intr. by: Mr. Yagong Approve: FC-207 Res. 446-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for Six Truck Tractors. {The five-year lease agreement with purchase options will be utilized by the Department of Environmental Management's Solid Waste Division.} Re: Comm. 847 Intr. by: Mr. Yagong Approve: FC-208 Res. 447-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for aMulti-Year Lease (five years) for a Copier for the Department of Environmental Management. {Due to the expansion and consolidation of office staff over the years, an additional copier would improve the efficiency of the staff.} Re: Comm. 848 Intr. by: Mr. Yagong Approve: FC-209 Res. 448-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease (ten years) of Real Property. {The lease with Hawaii Hardware Company Limited is located at 550 Kilauea Avenue in South Hilo (approx. 19,171 square feet) with a monthly rental cost of $9,000 for the first five years, then $11,454 a month for the remaining five years.} Re: Comm. 849 Intr. by: Mr. Yagong Approve: FC-210 , Hawaii County Council-27 Page 4 January 9, 2008 Res. 456-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $9,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion (Friends ofthe Palace Theater - 6'h Annual Hilo Chinese New Year Festival). Contingency Relief funds from District 6 would be used to support the 6'h Annual Chinese New Year Festival.} Re: Comm. 866 Intr. by: Mr. Jacobson Waived: FC Res. 457-08: 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 Reseazch and Development Tourism Promotion (Third Annual Pow Wow). Contingency Relief funds from District 6 would be used to support the Third Annual Pow Wow.} Re: Comm. 867 Intr. by: Mr. Jacobson Waived: FC Res. 458-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Project Fund -General (District 9 Park Improvements - Ho`oko Street Park Backstop). Contingency Relief funds from District 9 would be used to help defray expenses for the completion of the Ho`oko Street Park Backstops.} Re: Comm. 872 Intr. by: Mr. Hoffmann Waived: FC Res. 460-08: 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 Planning Department, Planning Other Current Expense, Miscellaneous Contract Services (Envision Downtown Hilo 2025, Phase II). Contingency Relief funds from District 1 would be used to support Phase II of the Envision Downtown Hilo 2025 project.} Re: Comm. 880 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-27 Page 5 January 9, 2008 Res. 461-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Planning Department, Planning Other Current Expense (Environmental and Spatial Technology (EAST) Partnership Conference). Contingency Relief funds from District 3 would be used towards travel expenses for four students and one teacher/facilitator to attend the national EAST Partnership Conference on February 19-21, 2008, in Hot Springs, Arkansas.} Re: Comm. 881 Intr. by: Mr. Yoshimoto Waived: FC Res. 465-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to 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 cover the costs of the Hawaiian Independence Day Celebration, the Pahoa Christmas Parade, and additional activities or projects designed to perpetuate the diversity of our Island's cultural practices and traditions.} Re: Comm. 886 Intr. by: Mr. Higa Waived: FC Res. 474-08: Creates aCustodian/Groundskeeper I (3/ST) Position for the Department of Public Works. {Civil Case No. 98-244, United Public Workers (UPW) versus the County of Hawaii, relating to the privatization of janitorial and ground maintenance, the Public Works Department has taken on the task to provide the maintenance needs of various County Departments and Agencies. Due to the extensive travel time between South Hilo and Ka`u, this position would be stationed in Ka`u and would service sites in Pahala, Na`aleha, Hawaiian Ocean View Estates, and Pahoa.} Re: Comm. 901 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-27 Page 6 January 9, 2008 Res. 475-08: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease (Five years) of Warehouse Space in Kailua-Kona. {The lease with Hansen Commercial Investments, LLC, an Oregon Limited Liability Company, is located at 73-4164 Huliko`a Street in Kailua-Kona (approx. 3.718 square feet) with a monthly rental cost of $5,402 (from February 1, 2008, to July 31, 2010), then $5,807 a month (from August 1, 2010, to January 31, 2013), and Common Area Maintenance charges of $0.27 per square feet per month, commencing on February 1, 2008, or the date of delivery of the space to the County, whichever comes later, with the option to extend the lease for another five years subject to agreement on rent between the County and the Landlord.} Re: Comm. 902 Intr. by: Mr. Yagong Waived: FC Res. 476-08: Creates Four Water Safety Officer II Positions for the Hawaii Fire Department. {These positions would provide lifeguard services for the Isaac Hale Memorial Beach Park in Puna.} Re: Comm. 903 Intr. by: Mr. Yagong Waived: FC Res. 477-08: 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/Film Festival (Friends of the Palace Theater - 6`h Annual Hilo Chinese New Year Festival). Contingency Relief funds from District 6 would be used to support the 6`" Annual Chinese New Year Festival.} Re: Comm. 904 Intr. by: Mr. Jacobson Waived: FC Res. 478-08: 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 -Steam Cleaning). Contingency Relief funds from District 3 would be used for the purpose of steam cleaning the curtains at the Waiakea Recreation Center.} Re: Comm. 905 Intr. by: Mr. Yoshimoto Waived: FC Hawaii County Council-27 Page 7 January 9, 2008 Res. 479-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,650 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Elderly Activities Division Recreation Equipment (Miscellaneous Equipment). Contingency Relief funds from District 6 would be used towards the purchase of a pool table for the Pahala Senior Center.} Re: Comm. 906 Intr. by: Mr. Jacobson Waived: FC Res. 480-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Elderly Activities Division Recreation Other Current Expense Educational/Recreational/Scientific Supplies (Kohala Senior Center Chairs). Contingency Relief funds from District 9 would be used to purchase global folding metal padded chairs for the Kohala Senior Center.} Re: Comm. 907 Intr. by: Mr. Hoffmann Waived: FC Res. 481-08: 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 Hawaii County Resource Center, Miscellaneous Contract Services (Waikoloa Community Development Plan (CDP) Outreach Program). Contingency Relief funds from District 9 would be used towards the Waikoloa CDP's "public outreach" and "community readiness" programs.} Re: Comm. 909 Intr. by: Mr. Hoffmann Waived: FC 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) Hawaii County Council-27 Page 8 January 9, 2008 BILLS FOR ORDINANCES (FIRST READING) Bill 207 Amends Chapter 19, Article 10, Hawaii County Code (2005 Edition, as Amended), (Draft 2): Establishing a Real Property Tax Exemption for Kuleana Land. {Adds a new Section 19-89.5 "Kuleana land exemption" and inserts references to this new section in Section 19-68 relating to "claims for certain exemptions" as appropriate.} Re: Comm. 851.5 Intr. by: Mr. Pilago Approve: FC-211 ;and Comm. 851.6: From Council Member K. Angel Pilago, dated December 26, 2007, transmitting proposed amendments to Bill 207, Draft 2. 11:00 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 203: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter ZS (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 1 s' Reading: December 19, 2007 Bill 204 Divides Leleiwi Beach Park Into Two New Beach Parks, Name These Two New (Drafr 2): 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").} Re: Comm. 815.8 Intr. by: Mr. Higa ls' Reading: December ]9, 2007 Hawaii County Council-27 Page 9 January 9, 2008 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) 1~' Reading: December 19, 2007 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 1 s' Reading: 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.} Re: Comm. 858 Intr. by: Mr. Yagong 1 s' Reading: December 19, 2007 REPORTS FINANCIAL Monthly Budget Status Repor[ from the Finance Department for the Month Ended REPORT: November 30, 2007. FC-206 Recommends acceptance of a monetary donation of $2,777.16 to the Department of (Comm. 845): Parks and Recreation by Hermann Fernandez, and would be used for materials and construction costs towards the completion of the Kamehameha Park Basketball courts. Hawaii County Council-27 Page 10 January 9, 2008 REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regazding the following cases, pursuant to Section 92-5(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, privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote pursuant to HRS Section 92-4 and Rule 11 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 874: HIRING OF SPECCAL COUNSEL FOR WORKERS COMPENSATION DIVISION From Corporation Counsel Lincoln S. T. Ashida, dated December 13, 2007. Comm. 884: CLAIM AGAINST THE COUNTY/JAIRUS K. FUKUNAGA From Deputy Corporation Counsel Joseph K. Kamelamela, dated December 21, 2007. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS WEDNESDAY JANUARY 23.2008 COMMITTEES TBA COUNCIL ROOM - H[LO 333 Kilauea Avenue Ben Franklin Building Second Floor THURSDAY JANUARY 24, 2008 COUNCIL TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY FEBRUARY 5, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY. FEBRUARY 6.2008 COUNCIL TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-27 Page 11 January 9, 2008 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 January 7, 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 http //co hawaii hi.us/council/a eg ndas 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 Counci] Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea. For further information, please call 961-8255. V ideoconferencina is available at the following locations: • Kona Council Office at the Kailua Trade Center; and • Waimea Council Office at the Holomua Center. If for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • 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 (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 to counciltestimony@co.hawaii.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. Viewing_of Meetin¢s on Government Access Television -Channel 52: Wednesday, January 16, 2008, at 6 p.m.; Sunday, January 20, 2008, at 10:30 a.m.; and Wednesday, January 23, 2008, at 6 p.m.