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HomeMy WebLinkAboutAGE COUNCIL 2008/02/21 2006-2008 BRENDA FORD PETE HOFFMANN "''F. `~S` . STACY K. HIGA Chair & Presiding Officer . DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON vice chair •'y' EMILY I. NAEOLE T`~°'~"~ DOMINIC YAGONG o JYOSHIMOTO ~7 COUNTY COUNCIL pc~ n p :.iy' county of Hawaii 1-+ ~ ; Hawaii County Building 25 Aupuni Street ~ ~ Hilo, Hawaii 96720 ~ - ~ ' E~ i - ~ 30`h Session _ c~ ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Thursday, February 21,2008 8:30 a.m. INVOCATION Reverend Tullos Jones of Kona Baptist Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 21, 2007, and January 9, 2008 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawaii Cauny is an Equal Opportunity Provider and Employer. Hawaii County Council-30 Page 2 February 21, 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. 589.11: UPDATE OF THE ACTIVITIES OF THE LEGISLATNE LIAISON From Council Chair Pete Hoffmann, dated February 7, 2008, requesting this matter be agendized in order for the Ad Hoc Task Force and Legislative Liaison Ralph Boyea, if available, to apprise the Council on the activities of the legislative liaison. ORDER OF RESOLUTIONS Res. 499-08: Encourages the Commercial Eucalyptus Forestry Industry and the Department of Land and Natural Resources to Work Together to Promote Better Management Practices by Implementing Setbacks and/or Buffer Zones Where Eucalyptus Trees Border Residential Homes, State Highways, and County Roads. {Recommends that a reforestation plan delineating specific setbacks and/or buffer zones of 120 feet from residential homes, State highways, and County roads be completed.}; and PC-63. Res. 501-08: Extends the Temporary Delay of Council Action on Rezoning Applications in the District of South Kohala Until the South Kohala Community Development Plan is Adopted by Ordinance, or December 1, 2008, Whichever Shall Occur First. {The original delay termination date of January 5, 2008, has expired and the South Kohala Community Development Plan process is still ongoing; therefore, an extension of time is necessary.}; and PC-64. Res. 502-08: Amends Resolution No. 44-07, Drafr 2, by Extending the Temporary Delay of Council Action on Rezoning Applications in the District of North Kohala that Would Permit Transient Lodging Accommodations or Re-Designate Agricultural Land Into Zoning Districts with a Minimum Land Area Less Than Twenty Acres in Size, Until the North Kohala Community Development Plan is Adopted by Ordinance, or December 2008, Whichever Shall Occur First. {The temporary delay will expire on February 22, 2008, and the North Kohala Community Development Plan process is still ongoing; therefore, an extension of time is necessary.}; and PC-65. Hawaii County Council-30 Page 3 February 21, 2008 Res. 503-08: Urges the Creation of a Japanese American World Waz II Veterans Commemorative Stamp. {Supports the national campaign for a United States commemorative stamp honoring the significant contributions of the soldiers of American-bom children of Japanese immigrants in the United States Army during Word Waz II.}; and PWIRC-52. Res. 515-08: Authorizes the Director of Finance to Enter Into Negotiations to Acquire Property for the Expansion of the Honoka`a Rodeo Arena. {Authorizes negotiations with the adjacent property owner to acquire approximately five acres of land, a portion of Tax Map Key:(3)4-5-003:17, for expansion of the Honoka`a Rodeo Arena.}; and FC-239. Res. 516-08: Authorizes Approval of In Lieu Fair Share Contribution to Satisfy Condition "H" of Ordinance No. 02-25. {The in lieu fair share contribution in the amount of $4,707,032 would be used for the support of road and traffic improvements as required in Ordinance 02-25.}; and PC-66. Res. 518-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Depaztment of Transportation, Pursuant to HRS 46-7, for a Traffic Safety Training Project. {Funds would be used to implement a project that includes: Assignment of a deputy prosecuting attorney to be the Statewide Traffic Safety Resource Prosecutor, provide statewide training for police and prosecutors, develop modular trial advocacy training for deputies, and participate at monthly statewide traffic commanders meetings.}; and FC-242. Res. 519-08: Authorizes the Acceptance of a Monetary Donation of $5,000 to the Hawaii Fire Department. {Donated by the Home Owners of the Fairways at Mauna Kea North Homeowners Association, these funds would be used for the purchase of equipment, supplies, and other work related needs for the South Kohala Fire Station.}; and FC-244. Res. 520-08: Authorizes the Acceptance of a Monetary Donation of $2,500 to the Pahala Volunteer Fire Department. {Donated by the Edmund C. Olson Family Foundation, these funds would be used to purchase protective fire gear.}; and FC-245. Res. 521-08: Authorizes an Agreement Among the County of Hawaii, NACo, and CazemarkPCS Relating to a Prescription Drug Discount Card Program for the Residents of Hawaii County. {Provisions of the joint agreement are described in "Exhibit 1" of this resolution for an initial term from the execution of the agreement to July 31, 2009, with automatic renewal for successive one-year terms thereafter, subject to the provisions of the agreement for termination by the parties.}; and FC-247. Hawaii County Council-30 Page 4 February 21, 2008 Res. 525-08: 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 Management Committee on the Status of Women (Real Women Creative Writing Contest). Contingency Relief funds from District 7 would be used towards costs associated with the Real Women Creative Writing Competition.} Res. 527-08: Amends Resolution No. 381-07, Relating to Transferring/Appropriating an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Resolution 381-07 appropriated $2,500 (District 5 Contingency Relief funds) to the Office of the Prosecuting Attorney for the Mainstreet Pahoa Association's annual holiday parade. Due to circumstances, the funds were not released; therefore, these funds will be used towards Malama O Puna's Pahoa Springtime Jamm.} Res. 530-08: Authorizes the Exemption of Certain Code Requirements, Pursuant to Sections 201 H-38 and 201H-44 of the Hawaii Revised Statutes for the Proposed West Hawaii Emergency Housing Program in Kailua-Kona. {Wishes to establish an emergency housing program for homeless individuals on County-owned land in Kailua-Kona, identified as Tax Map Key 3/7-4-O10:portion of 020, to provide services to qualified homeless individuals in this County.} Res. 533-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $119,232 out and from Clerk-Council Services- Contingency Relief account; credits same to Fire Protection -Salaries and Wages. Contingency Relief funds would be used for three firefighter positions who will be assigned to the Waikoloa and Keauhou Fire Stations. These funds were removed from the Fire Department's budget at the June 1, 2007, Council meeting and placed into the Contingency Relief account.} Res. 534-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Liquor Control Public Programs, Miscellaneous Contract Services (Pahoa High and Intermediate School Grad Night). Contingency Relief funds from District 5 would be used towards the Pahoa High and Intermediate School's Grad Night 2008.} Hawaii County Council-30 Page 5 February 21, 2008 Res. 535-08: 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 Mayor Committee on the Status of Women Miscellaneous Contract Services (Real Women Creative Writing Contest). Contingency Relief funds from District 8 would be used towards costs associated with the Real Women Creative Writing Contest.} Res. 536-08: 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 Office of Housing and Community Development Transfer to Housing Fund (YMCA Homeless Children's Program). Contingency Relief funds from District 4 would be used towards the YMCA Homeless Children's Program.} 10 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING), ORDER OF THE DAY (SECOND OR FINAL READING), AND REFERRALS FOR EXECUTIVE SESSION (Please note that if the "Statements from the Public" are not completed by 11:15 a.m., they will be taken up at 1:30 p.m., following the recess.) 10:30 A.M.: BILLS FOR ORDINANCES (FIRST READING) Bill 131 Amends Section 25-] 14 (City of Hilo Zone Map), Article 3, Chapter 25 (Zoning (Draft 2) Code) of the Hawai `i County Code, by Changing the District Classification from (1994-1996): Agricultural (A-3a) to Residential and Agricultural (RA-.Sa) at Pana`ewa, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-52:1 (approx. 2.72 acres). {Roy K. and Jeannette M. Okada Revocable Living Trusts, Applicant.}; and PC-68. Bi11224: Amends Chapter 14, Article 4, Section 14-21 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Prohibition of Smoking in Certain Places. {Bans smoking of cigarettes or tobacco products, or use of any tobacco products at all County parks and recreational facilities.}; and PSPRC-14. Bill 225: Amends Chapter 2, Article 36, Hawaii County Code 1983 (2005 Edition, as Amended), Renaming and Redefining the Geothermal Relocation Program to the Geothermal Relocation and Community Benefits Program. {Renames the "Geothermal Relocation Program" to the "Geothermal Relocation and Community Benefits Program" and redefines this program.}; and FC-238. Hawaii County Council-30 Page 6 February 21, 2008 Bill 228: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 3Q 2008. {Increases revenues in Sale of Real Property ($2,436,400); appropriates to the following: Advertising ($20,000), Storeroom ($50,000), Property Management -Other Current Expense ($25,000), Planning Equipment ($25,000), Hawaii County Resource Center ($42,410), General Services -Salaries and Wages ($376,106), General Services -Other Current Expense ($78,400), General Services Equipment ($371,519), Ocean Safety - Salaries and Wages ($90,704), Ocean Safety -Other Current Expense ($25,402), Helicopter Services ($60,000), Animal Control ($683,987), Environmental Management -Other Current Expense ($300,000), Transfer to Capital Projects Fund ($250,000), Transfer to Golf Course Fund ($37,872), for a total of $2,436,400. The sale of the Henry Street parcel of land has exceeded the amount budgeted in this fiscal year's budget. Proposes to amend the Operating Budget with the excess revenues after careful consideration of County departments/agencies requests and needs. A brief explanation on how the funds would be used and a list of appropriations are contained in Communication 982.}; and FC-240. Bill 229: 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 ($121,000); appropriates to the following: Office of Housing -Other Current Expense (Miscellaneous Contractual Services) ($95,000) and Office of Housing -Equipment ($26,000), for a total of $121,000. Funds would be used to purchase repair materials for two transitional housing units located at 189 Wilder Road ($55,000) and 1495 Kuleana Place ($40,000), and to purchase a vehicle.}; and FC-241. Bill 230: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Traffic Safety Training Project ($78,033); appropriates same to Traffic Safety Training Project.}; and FC-243. Bill 231: 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 Fire Department Miscellaneous Contribution ($7,500); appropriates same to Fire Department Miscellaneous Private Contributions.}; and FC-246. Bill 241: Amends the Pazks and Recreational Facility Schedule, Chapter 15, Article 8, Section I5-68.1, Hawaii County Code 1983 (2005 Edition, as Amended), Regarding Renaming the Isaac Hale Memorial Park to "Isaac Kepo`okalani Hale Beach Park". {Fulfills the wishes of the Hale family to accurately reflect the name of their family member, Isaac Kepo`okalani Hale, and his heritage.} Hawaii County Council-30 Page 7 February 21, 2008 11:15 A.M.: RECESS During the recess, some of the Council Members will be attending the Kona-Kohala Chamber of Commerce Focus Luncheon ("Mayor's Luncheon") where Mayor Harry Kim and his Cabinet will be speaking at the King Kamehameha Kona Beach Hotel. 1:30 P.M.: RECONVENE ORDER OF THE DAY (SECOND OR FINAL READING) Bill 209 Amends Chapter 2, Article 15, of the Hawaii County Code 1983 (2005 Edition, as (Drafr 2): Amended), Relating to the Imposition of Administrative Fines for Violations of the County Code of Ethics. {Adds a provision giving the Board of Ethics authority to impose administrative fines up to $1,000 for violations of the County Ethics Code.} Bill 217: 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 10,000 Square Feet (CN-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-036:025 and 026 (approx. 39,771 square feet). {Dien-Jung Lin Nekoba, Applicant.} Bill 218 Amends Chapter ]4, Article 13 of the Hawaii County Code 1983 (2005 Edition, as (Drafr 2): Amended), Related to a Ban on Soliciting for Money or Objects of Value. {Expands current ban on soliciting for money or objects of value from the downtown Hilo commercial area to any public place.} Bill 219 Amends the Parks and Recreational Facility Schedule, Chapter 15, Article 8, (Drafr 2): Section 15-68.1, Hawaii County Code 1983 (1995 Edition, as Amended), by Renaming the Kona Scenic Park, in Honor of Clarence Lum Won, "Clarence Lum Won Park." {Commemorates and recognizes in perpetuity, Mr. Lum Won's significant contributions to the recreational programs in the community.} Bill 220: 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 ($68); appropriates same to Various Fire Contributions -Private. } Hawaii County Council-30 Page 8 February 21, 2008 Bill 221: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases FINANCE: Earthquake Damages -Federal Emergency Management Agency (FEMA) [$1,200,000] ($2,050,000); fund increase shall be provided from Federal Grants Receivable ($850,000). An initial appropriation ($1,200,000) was approved last year for the FEMA funding resulting from the 2006 Kiholo earthquake; however, at that time only estimates were available from the State Civil Defense and FEMA. Most project amounts are now known, therefore, increasing the FEMA project appropriation to $2,050,000.} Bill 222 Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and (Draft 2): Financing Thereof for the Fiscal Year July 1, 2007 to June 3Q 2008. {Funds will be re-appropriated to the following districts/categories as listed in "Exhibit B": Principal Streets and Bridges Program ($3,746,020.60), Puna ($184,621.69), South Hilo ($17,595.38), North Hilo ($70,783.67), Hamakua ($35,545.34), South Kohala ($4,256), North Kona ($500,226.87), South Kona ($90.28), and Ka`u ($36,397.36), for a total of $4,595,537.19; funds shall be provided from lapsed fuel tax funds, as listed in "Exhibit A", for various appropriations established by Ordinance Nos. 00-139 ($1,029.50), 01-26 ($4,856.20), 01-105 ($661.305.31), 03-62 ($2,356,161.30), 03-165 ($1,356,858.93), and 04-131 ($215,325.95), for a total of $4,595,537.19. Funds are lapsed fuel tax funds from the past fiscal years, dating back to Fiscal Year 1994-96 and up to Fiscal Year 2002-04. These funds would be appropriated back into the highway/traffic division projects within the island districts and to the Circle Island and Bridge program.} Bill 226: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Adds DEPARTMENT OF PARKS AND RECREATION: Pahoa Neighborhood Facility playground equipment ($76,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources (Contingency Reliet) ($76,000). Funds would be used for the installation of playground equipment and required rubber matting at the Pahoa Neighborhood Facility.} Bill 227: 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 the following: Housing Choice Voucher Program ($2,500,000) and Fund Balance - Housing Assistance Payments ($384,680), for a total of $2,884,680; appropriates $2,884,680 to Voucher Rental Subsidies.} Bill 232: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants - Interzogation Room Equipment ($52,000); appropriates same to Interrogation Room Equipment.} Hawaii County Council-30 Page 9 February 21, 2008 Bill 233: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Tsunami Model Community Program ($40,000); appropriates same to Tsunami Model Community Program. The purpose of the National Tsunami Hazard Mitigation Program is to provide funding to coastal states for tsunami mitigation initiatives to lessen the loss of life and damage to property. Funds would be used to initiate a model community pilot project to create a culture of preparedness and response in the community of Hilo.} Bill 234: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Transfer from General Fund ($20,000); appropriates same to Wastewater-Other Current Expense (Ka Hale O Na Keiki Preschool Project). Contingency Relief funds from District 1 would be used as a grant for the Ka Hale O Na Keiki Preschool (project) who has been mandated to close its large capacity cesspool, consequently tearing up the playground and tricycle pathway. The Council adopted Resolution 436-07 on December 19, 2007, which transferred $20,000 from the Clerk-Council Services Contingency Relief account to the Sewer Fund. } REPORTS REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following matter, pursuant to Section 92-5(a)(8), Hawaii Revised Statutes, for the purpose of discussing a matter that must be kept confidential pursuant to law. 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. 7.7: WASTE REDUCTION TECHNOLOGY RFP NO. 2210 From Finance Director William Takaba, dated February 6, 2008, requesting that the Evaluation Committee for the Waste Reduction Technology RFP present a progress report to the Council and answer questions on the Stage 2design-build-operate proposal. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council-30 Page 10 February 21, 2008 ANNOUNCEMENTS TUESDAY, MARCH ] 1, 2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA COUNCIL PUBLIC 6:00 p.m. SHERATON KEAUHOU HEARING RE BAY RESORT & SPA RESOLUTION 504-08, DRAFT 2 (FUEL TAX) WEDNESDAY, MARCH 12, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA MONDAY, MARCH 24, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM - HILO HEARING RE 333 Kilauea Avenue OPERATING AND Ben Franklin Building CAPITAL BUDGETS Second Floor (E. HAWAII) TUESDAY, MARCH 25, 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 ca11 96 1-82 5 5 by February 19, 2008. 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 httu://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. Hawaii County Council-30 Page 11 February 21, 2008 Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") § 92-3.5, the Hawaii County Council will be conducting its February 21, 2008, meeting via videoconference. Council Members will be present at the following locations: County Council Room -Ben Franklin Tower, 2nd Floor, 333 Kilauea Avenue, Hilo, HI 96720 Sheraton Keauhou Bay Resort and Spa, 78-128 Ehukai Street, Kailua-Kona, HI 96740. Videoconferencine is available at the following locations: • Hilo Council Room at the Ben Franklin Building, Second Floor; and • Waimea Council Office at the Holomua Center. If audio stream is lost for more than a short period of time, the meeting will be terminated. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. Submitting Testimony: Those 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 counciltestimonv(a~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 iewing of Meetings on Government Access Television -Channel 52: Wednesday, February 27, 2008, at 6 p.m.; Sunday, March 2, 2008, at 10:30 a.m.; and Wednesday, March 5, 2008, at 6 p.m. PETE HOFFMANN BRENDA FORD Chair & Presidircg Officer $TACY K. HIGH DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON vice chair EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawai `i 96720 30`h 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.) Thursday, February 21, 2008 8:30 a.m. INVOCATION Reverend Tullos Jones of Kona Baptist Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 21, 2007, and January 9, 2008 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawai`J County is an Equal Opportunity Provider and Employer. Hawaii County Council-30 Page 2 February 21, 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. 589.11: UPDATE OF THE ACTIVITIES OF THE LEGISLATIVE LIAISON From Council Chair Pete Hoffmann, dated February 7, 2008, requesting this matter be agendized in order for the Ad Hoc Task Force and Legislative Liaison Ralph Boyea, if available, to apprise the Council on the activities of the legislative liaison. ORDER OF RESOLUTIONS Res. 499-08: Encourages the Commercial Eucalyptus Forestry Industry and the Department of Land and Natural Resources to Work Together to Promote Better Management Practices by Implementing Setbacks and/or Buffer Zones Where Eucalyptus Trees Border Residential Homes, State Highways, and County Roads. {Recommends that a reforestation plan delineating specific setbacks and/or buffer zones of 120 feet from residential homes, State highways, and County roads be completed.} Re: Comm. 945 Intr. by: Mr. Yagong Approve: PC-63 Res. 501-08: Extends the Temporary Delay of Council Action on Rezoning Applications in the District of South Kohala Until the South Kohala Community Development Plan is Adopted by Ordinance, or December 1, 2008, Whichever Shall Occur First. {The original delay termination date of January 5, 2008, has expired and the South Kohala Community Development Plan process is still ongoing; therefore, an extension of time is necessary.} Re: Comm. 947 Intr. by: Mr. Hoffmann Approve: PC-64 Hawaii County Council-30 Page 3 February 21, 2008 Res. 502-08: Amends Resolution No. 44-07, Drafr 2, by Extending the Temporary Delay of Council Action on Rezoning Applications in the District of North Kohala that Would Permit Transient Lodging Accommodations or Re-Designate Agricultural Land Into Zoning Districts with a Minimum Land Area Less Than Twenty Acres in Size, Until the North Kohala Community Development Plan is Adopted by Ordinance, or December 1, 2008, Whichever Shall Occur First. {The temporary delay will expire on February 22, 2008, and the North Kohala Community Development Plan process is still ongoing; therefore, an extension of time is necessary. } Re: Comm. 948 Intr. by: Mr. Hoffmann Approve: PC-65 Res. 503-08: Urges the Creation of a Japanese American World War II Veterans Commemorative Stamp. {Supports the national campaign for a United States commemorative stamp honoring the significant contributions of the soldiers of American-born children of Japanese immigrants in the United States Army during Word War II.} Re: Comm. 949 Intr. by: Mr. Hoffmann Approve: PWIRC-52 Res. 515-08: Authorizes the Director of Finance to Enter Into Negotiations to Acquire Property for the Expansion of the Honoka`a Rodeo Arena. {Authorizes negotiations with the adjacent property owner to acquire approximately five acres of land, a portion of Tax Map Key:(3)4-5-003:17, for expansion of the Honoka`a Rodeo Arena.} Re: Comm. 972 Intr. by: Mr. Yagong Approve: FC-239 Res. 516-08: Authorizes Approval of In Lieu Fair Share Contribution to Satisfy Condition "H" of Ordinance No. 02-25. {The in lieu fair shaze contribution in the amount of $4,707,032 would be used for the support of road and traffic improvements as required in Ordinance 02-25.} Re: Comm. 980 Intr. by: Mr. Pilago Approve: PC-66 Hawaii County Council-30 Page 4 February 21, 2008 Res. 518-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Transportation, Pursuant to HRS 46-7, for a Traffic Safety Training Project. {Funds would be used to implement a project that includes: Assignment of a deputy prosecuting attorney to be the Statewide Traffic Safety Resource Prosecutor, provide statewide training for police and prosecutors, develop modular trial advocacy training for deputies, and participate at monthly statewide traffic commanders meetings.} Re: Comm. 984 Intr. by: Mr. Yagong Approve: FC-242 Res. 519-08: Authorizes the Acceptance of a Monetary Donation of $5,000 to the Hawaii Fire Department. {Donated by the Home Owners of the Fairways at Mauna Kea North Homeowners Association, these funds would be used for the purchase of equipment, supplies, and other work related needs for the South Kohala Fire Station.} Re: Comm. 985 Intr. by: Mr. Yagong Approve: FC-244 Res. 520-08: Authorizes the Acceptance of a Monetary Donation of $2,500 to the Pahala Volunteer Fire Department. {Donated by the Edmund C. Olson Family Foundation, these funds would be used to purchase protective fire gear.} Re: Comm. 985 Intr. by: Mr. Yagong Approve: FC-245 Res. 521-08: Authorizes an Agreement Among the County of Hawaii, NACo, and CaremarkPCS Relating to a Prescription Drug Discount Card Program for the Residents of Hawaii County. {Provisions of the joint agreement are described in "Exhibit 1" of this resolution for an initial term from the execution of the agreement to July 31, 2009, with automatic renewal for successive one-year terms thereafrer, subject to the provisions of the agreement for termination by the parties.} Re: Comm. 986 Intr. by: Mr. Jacobson Approve: FC-247 Hawaii County Council-30 Page 5 February 21, 2008 Res. 525-08: 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 Management Committee on the Status of Women (Real Women Creative Writing Contest). Contingency Relief funds from District 7 would be used towards costs associated with the Real Women Creative Writing Competition.} Re: Comm. 994 Intr. by: Ms. Ford Waived: FC Res. 527-08: Amends Resolution No. 381-07, Relating to Transferring/Appropriating an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Resolution 381-07 appropriated $2,500 (District 5 Contingency Relief funds) to the Office of the Prosecuting Attorney for the Mainstreet Pahoa Association's annual holiday parade. Due to circumstances, the funds were not released; therefore, these funds will be used towards Malama O Puna's Pahoa Springtime Jamm.} Re: Comm. 1000 Intr. by: Ms. Naeole Waived: FC Res. 530-08: Authorizes the Exemption of Certain Code Requirements, Pursuant to Sections 201H-38 and 201 H-44 of the Hawaii Revised Statutes for the Proposed West Hawaii Emergency Housing Program in Kailua-Kona. {Wishes to establish an emergency housing program for homeless individuals on County-owned land in Kailua-Kona, identified as Tax Map Key 3/7-4-O10:portion of 020, to provide services to qualified homeless individuals in this County.} Re: Comm. 1005 Intr. by: Mr. Hoffmann Approve: CHA -February 5, 2008 Res. 533-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $119,232 out and from Clerk-Council Services- Contingency Relief account; credits same to Fire Protection - Salazies and Wages. Contingency Relief funds would be used for three firefighter positions who will be assigned to the Waikoloa and Keauhou Fire Stations. These funds were removed from the Fire Department's budget at the June 1, 2007, Council meeting and placed into the Contingency Relief account.} Re: Comm. 1022 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-30 Page 6 February 21, 2008 Res. 534-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Liquor Control Public Programs, Miscellaneous Contract Services (Pahoa High and Intermediate School Grad Night). Contingency Relief funds from District 5 would be used towards the Pahoa High and Intermediate School's Grad Night 2008.} Re: Comm. 1023 Intr. by: Ms. Naeole Waived: FC Res. 535-08: 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 Mayor Committee on the Status of Women Miscellaneous Contract Services (Real Women Creative Writing Contest). Contingency Relief funds from District 8 would be used towards costs associated with the Real Women Creative Writing Contest.} Re: Comm. 1024 Intr. by: Mc Pilago Waived: FC Res. 536-08: 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 Office of Housing and Community Development Transfer to Housing Fund (YMCA Homeless Children's Program). Contingency Relief funds from District 4 would be used towards the YMCA Homeless Children's Program.} Re: Comm. 1026 Intr. by: Mr. Higa Waived: FC Hawaii County Council-30 Page 7 February 21, 2008 10 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING), ORDER OF THE DAY (SECOND OR FINAL READING), AND REFERRALS FOR EXECUTIVE SESSION (Please note that if the "Statements from the Public" are not completed by 11:15 a.m., they will be taken up at 1:30 p.m., following the recess.) 10:30 A.M.: BILLS FOR ORDINANCES (FIRST READING) Bill 13 ] Amends Section 25-114 (City of Hilo Zone Map), Article 3, Chapter 25 (Zoning (Drafr 2) Code) of the Hawaii County Code, by Changing the District Classification from (1994-1996): Agricultural (A-3a) to Residential and Agricultural (RA-.Sa) at Pana`ewa, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-52:1 (approx. 2.72 acres). {Roy K. and Jeannette M. Okada Revocable Living Trusts, Applicant.} Re: Comm. 617 (1994-1996) Intr. by: Mr. Domingo Negative: PC-68 Approve: PC-82 (1994-1996) Referred back to Planning Committee: November 1, 1995 Bill 224: Amends Chapter 14, Article 4, Section 14-21 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Prohibition of Smoking in Certain Places. {Bans smoking of cigarettes or tobacco products, or use of any tobacco products at all County parks and recreational facilities.} Re: Comm. 942 Intr. by: Mr. Yoshimoto Approve: PSPRC-14 Bill 225: Amends Chapter 2, Article 36, Hawaii County Code 1983 (2005 Edition, as Amended), Renaming and Redefining the Geothermal Relocation Program to the Geothermal Relocation and Community Benefits Program. {Renames the "Geothermal Relocation Program" to the "Geothermal Relocation and Community Benefits Program" and redefines this program.} Re: Comm. 943 Intr. by: Ms. Naeole Approve: FC-238 Hawaii County Council-30 Page 8 February 21, 2008 Bill 228: 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 Sale of Real Property ($2,436,400); appropriates to the following: Advertising ($20,000), Storeroom ($50,000), Property Management -Other Curcent Expense ($25,000), Planning Equipment ($25,000), Hawaii County Resource Center ($42,410), General Services -Salaries and Wages ($376,106), General Services -Other Current Expense ($78,400), General Services Equipment ($371,519), Ocean Safety -Salaries and Wages ($90,704), Ocean Safety -Other Current Expense ($25,402), Helicopter Services ($60,000), Animal Control ($683,987), Environmental Management -Other Current Expense ($300,000), Transfer to Capital Projects Fund ($250,000), Transfer to Golf Course Fund ($37,872), for a total of $2,436,400. The sale of the Henry Street parcel of land has exceeded the amount budgeted in this fiscal year's budget. Proposes to amend the Operating Budget with the excess revenues after careful consideration of County departments/agencies requests and needs. A brief explanation on how the funds would be used and a list of appropriations are contained in Communication 982.} Re: Comm. 982 Intr. by: Mr. Yagong Approve: FC-240 Bill 229: 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 ($121,000); appropriates to the following: Office of Housing -Other Current Expense (Miscellaneous Contractual Services) ($95,000) and Office of Housing -Equipment ($26,000), for a total of $121,000. Funds would be used to purchase repair materials for two transitional housing units located at 189 Wilder Road ($55,000) and 1495 Kuleana Place ($40,000), and to purchase a vehicle. } Re: Comm. 983 Intr. by: Mr. Yagong Approve: FC-241 Bill 230: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Traffic Safety Training Project ($78,033); appropriates same to Traffic Safety Training Project.} Re: Comm. 984 Intr. by: Mr. Yagong Approve: FC-243 Hawaii County Council-30 Page 9 February 2l, 2008 Bill 231: 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 Fire Department Miscellaneous Contribution ($7,500); appropriates same to Fire Department Miscellaneous Private Contributions.} Re: Comm. 985 Intr. by: Mr. Yagong Approve: FC-246 Bill 241: Amends the Parks and Recreational Facility Schedule, Chapter 15, Article 8, Section 15-68.1, Hawaii County Code 1983 (2005 Edition, as Amended), Regarding Renaming the Isaac Hale Memorial Park to "Isaac Kepo`okalani Hale Beach Park". {Fulfills the wishes of the Hale family to accurately reflect the name of their family member, Isaac Kepo`okalani Hale, and his heritage.} Re: Comm. 1009 Intr. by: Ms. Naeole Waived: PSPRC 11:15 A.M.: RECESS During the recess, some of the Council Members will be attending the Kona-Kohala Chamber of Commerce Focus Luncheon ("Mayor's Luncheon") where Mayor Harry Kim and his Cabinet will be speaking at the King Kamehameha Kona Beach Hotel. 1:30 P.M.: RECONVENE ORDER OF THE DAY (SECOND OR FINAL READING) Bill 209 Amends Chapter 2, Article 15, of the Hawaii County Code 1983 (2005 Edition, as (Draft 2): Amended), Relating to the Imposition of Administrative Fines for Violations of the County Code of Ethics. {Adds a provision giving the Board of Ethics authority to impose administrative fines up to $1,000 for violations of the County Ethics Code.} Re: Comm. 870.2 Intr, by: Mr. Hoffmann Postponed: January 24, 2008 1 s` Reading: February 6, 2008 Bill 217: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code ]983 (2005 Edition), by Changing the District Classification from Single Family Residential 10,000 Square Feet (RS-] 0) to Neighborhood Commercial 10,000 Square Feet (CN-]0) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-036:025 and 026 (approx. 39,771 squaze feet). {Dien-Jung Lin Nekoba, Applicant.} Re: Comm. 913 Intr. by: Mr. Pilago ls` Reading: February 6, 2008 Hawaii County Council-30 Page 10 February 21, 2008 Bill 218 Amends Chapter 14, Article 13 of the Hawaii County Code 1983 (2005 Edition, as (Drafr 2): Amended), Related to a Ban on Soliciting for Money or Objects of Value. {Expands current ban on soliciting for money or objects of value from the downtown Hilo commercial area to any public place.} Re: Comm. 915.2 Intr. by: Ms. Naeole Is' Reading: February 6, 2008 Bill 219 Amends the Parks and Recreational Facility Schedule, Chapter 15, Article 8, (Draft 2): Section 15-68.1, Hawaii County Code 1983 (1995 Edition, as Amended), by Renaming the Kona Scenic Park, in Honor of Clazence Lum Won, "Clarence Lum Won Park." {Commemorates and recognizes in perpetuity, Mr. Lum Won's significant contributions to the recreational programs in the community.} Re: Comm. 923.1 Intr. by: Ms. Ford ls' Reading: February 6, 2008 Bill 220: 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 ($68); appropriates same to Various Fire Contributions -Private. } Re: Comm. 927 Intr. by: Mr. Yagong ls' Reading: February 6, 2008 Bill 221: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases FINANCE: Earthquake Damages -Federal Emergency Management Agency (FEMA) [$1,200,000] ($2,050,000); fund increase shall be provided from Federal Grants Receivable ($850,000). An initial appropriation ($1,200,000) was approved last year for the FEMA funding resulting from the 2006 Kiholo earthquake; however, at that time only estimates were available from the State Civil Defense and FEMA. Most project amounts are now known, therefore, increasing the FEMA project appropriation to $2,050,000.} Re: Comm. 929 Intr. by: Mr. Yagong ]s' Reading: February 6, 2008 2/3 Vote: Section ]0-6(d), Hawai`i County Charter Hawaii County Council-30 Page 11 February 21, 2008 Bill 222 Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and (Drafr 2): Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Funds will be re-appropriated to the following districts/categories as listed in "Exhibit B": Principal Streets and Bridges Program ($3,746,020.60), Puna ($184,621.69), South Hilo ($17,595.38), North Hilo ($70,783.67), Hamakua ($35,545.34), South Kohala ($4,256), North Kona ($500,226.87), South Kona ($90.28), and Ka`u ($36,397.36), for a total of $4,595,537.19; funds shall be provided from lapsed fuel tax funds, as listed in "Exhibit A", for various appropriations established by Ordinance Nos. 00-139 ($1,029.50), 01-26 ($4,856.20), 01-105 ($661.305.31), 03-62 ($2,356,161.30), 03-165 ($1,356,858.93), and 04-131 ($215,325.95), for a total of $4,595,537.19. Funds are lapsed fuel tax funds From the past fiscal yeazs, dating back to Fiscal Yeaz ]994-96 and up to Fiscal Year 2002-04. These funds would be appropriated back into the highway/traffic division projects within the island districts and to the Circle Island and Bridge program.} Re: Comm. 933.3 Intr. by: Mr. Yagong 151 Reading: February 6, 2008 2/3 Vote: Section ]0-6(d), Hawai`i County Charter Bill 226: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July I, 2007 to June 30, 2008. {Adds DEPARTMENT OF PARKS AND RECREATION: Pahoa Neighborhood Facility playground equipment ($76,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources (Contingency Relief) ($76,000). Funds would be used for the installation of playground equipment and required rubber matting at the Pahoa Neighborhood Facility.} Re: Comm. 958 Intr. by: Ms. Naeole 151 Reading: February 6, 2008 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 227: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 30, 2008. {Increases revenues in the following: Housing Choice Voucher Program ($2,500,000) and Fund Balance - Housing Assistance Payments ($384,680), for a total of $2,884,680; appropriates $2,884,680 to Voucher Rental Subsidies.} Re: Comm. 961 Intr. by: Mr. Hoffmann ls' Reading: February 6, 2008 Hawaii County Council-30 Page 12 February 21, 2008 Bill 232: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Interrogation Room Equipment ($52,000); appropriates same to Interrogation Room Equipment.} Re: Comm. 988 Intr. by: Mr. Yagong 151 Reading: February 6, 2008 Bill 233: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Tsunami Model Community Program ($40,000); appropriates same to Tsunami Model Community Program. The purpose of the National Tsunami Hazard Mitigation Program is to provide funding to coastal states for tsunami mitigation initiatives to lessen the loss of life and damage to property. Funds would be used to initiate a model community pilot project to create a culture of preparedness and response in the community of Hilo.} Re: Comm. 989 Intr. by: Mr. Yagong 15f Reading: February 6, 2008 Bill 234: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Transfer from General Fund ($20,000); appropriates same to Wastewater -Other Cun•ent Expense (Ka Hale O Na Keiki Preschool Project). Contingency Relief funds from District 1 would be used as a grant for the Ka Hale O Na Keiki Preschool (project) who has been mandated to close its large capacity cesspool, consequently tearing up the playground and tricycle pathway. The Council adopted Resolution 436-07 on December 19, 2007, which transferred $20,000 from the Clerk-Council Services Contingency Relief account to the Sewer Fund.} Re: Comm. 990 Intr. by: Mr. Yagong 151 Reading: February 6, 2008 REPORTS Hawaii County Council-30 Page 13 February 21, 2008 REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following matter, pursuant to Section 92-5(a)(8), Hawaii Revised Statutes, for the purpose of discussing a matter that must be kept confidential pursuant to law. 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. 7.7: WASTE REDUCTION TECHNOLOGY RFP NO. 2210 From Finance Director William Takaba, dated February 6, 2008, requesting that the Evaluation Committee for the Waste Reduction Technology RFP present a progress report to the Council and answer questions on the Stage 2design-build-operate proposal. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY MARCH 11.2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA COUNCIL PUBLIC 6:00 p.m. SHERATON KEAUHOU HEARING RE BAY RESORT & SPA RESOLUTION 504-08, DRAFT 2 (FUEL TAX) WEDNESDAY MARCH 12. 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT Bc SPA MONDAY MARCH 24.2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM - HILO HEARING RE 333 Kilauea Avenue OPERATING AND Ben Franklin Building CAPITAL BUDGETS Second Floor (E. HAWAII) TUESDAY MARCH 25.2008 COUNCIL TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-30 Page 14 February 21, 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 ca11 96 1-825 5 by February 19, 2008. 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 ] 09, 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. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafrer "HRS") § 92-3.5, the Hawaii County Council will be conducting its February 21, 2008, meeting via videoconference. Council Members will be present at the following locations: County Council Room -Ben Franklin Tower, 2"d Floor, 333 Kilauea Avenue, Hilo, HI 96720 Sheraton Keauhou Bay Resort and Spa, 78-128 Ehukai Street, Kailua-Kona, HI 96740. Videoconferencina is available at the following locations: • Hilo Council Room at the Ben Franklin Building, Second Floor; and • Waimea Council Office at the Holomua Center. If audio stream is lost for more than a short period of time, the meeting will be terminated. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. Submittinl+ 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 counciltestimonv(a)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 Meetines on Government Access Television -Channel 52: Wednesday, February 27, 2008, at 6 p.m.; Sunday, March 2, 2008, at 10:30 a.m.; and Wednesday, March 5, 2008, at 6 p.m.