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HomeMy WebLinkAboutAGE COUNCIL 2008/03/25 2006-2008 BRENDA FORD PETE HOFFMANN ~p;U"''•'!+.r Cha(r& Presiding Officer 4uq; STACY K. HIGA DONALDIKEDA K. ANGEL PlLAGO BOB JACOBSON Pice Chair .?ip, ,:•y~ EMILY LNAEOLE `0' DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawai `i Hawaii County Building 15 Aupuni Street Hilo, Hawaii 96720 32"d Session c 6 l~ ~ ORDER OF BUSINESS r ? CD Hawaii County Council -n 333 Kilauea Avenue ~ ~~;'i (Ben Franklin Building) ~ u Second Floor, Council Room ro Hilo, Hawaii ~-a Tuesday, March 25, 2008 8:30 a.m. INVOCATION Pastor Richard Uejo of KMC Chapel and Heritage Fellowship CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 6, 2008 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the Peop/e of Our Island Hawai `i County is an Equa[ Opportunity Provider and Employer. Hawaii County Council-32 Page 2 March 25, 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. 589.13: UPDATE OF THE ACTIVITIES OF THE LEGISLATIVE LIAISON From Council Chair Pete Hoffmann, dated March 17, 2008, requesting this matter be agendized in order for the Ad Hoc Task Force (and Mr. Ralph Boyea, if available) to apprise the Council on the activities of the legislative liaison. Comm. 1038: NOMINATION OF MR. HOWARD A. KELLY (COUNCIL DISTRICT 3) TO THE LIOUOR COMMISSION From Mayor Harry Kim, dated February 13, 2008, requesting approval of the above nomination; and Comm. 1038.1: From Public Safety and Parks and Recreation Committee Chair Donald Ikeda, dated March 17, 2008, requesting this matter be waived to the Council. Comm. 1043: NOMINATION OF MR. RICHARD J. BEHENNA (COUNCIL DISTRICT 6) TO THE POLICE COMMISSION From Mayor Harry Kim, dated February 14, 2008, requesting approval of the above nomination; and Comm. 1043.1: From Public Safety and Parks and Recreation Committee Chair Donald Ikeda, dated March 17, 2008, requesting this matter be waived to the Council. Comm. 1069: NOMINATION OF MS. LEINAALA ENDS (COUNCIL DISTRICT 6) TO THE LIOUOR ADJUDICATION BOARD From Mayor Harry Kim, dated February 26, 2008, requesting approval of the above nomination. ORDER OF RESOLUTIONS Res. 504-08 Authorizes Extension of the County of Hawaii Fuel Tax. {The County's current (Draft 2): special fuel tax program will sunset on June 30, 2008. Draft 2 provides for a range in the fuel tax amount from 8.8 cents and 13 cents per gallon.} Res. 528-08: Approves a Residential Assistance Program for Qualified County of Hawaii Employees. {[f implemented, the Finance Department would draft the necessary program documents, determine funding sources, and work with financial institutions on the specific details to specifically implement this program.}; and FC-259. s~, m Hawaii County Council-32 Page 3 March 25, 2008 Res. 530-08 Authorizes the Exemption of Certain Code Requirements, Pursuant to (Draft 2): Sections 201H-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.};and Comm. 1005.4: From Council Chair Pete Hoffmann, dated March 13, 2008, transmitting a proposed amendment to Resolution 530-08, Drafr 2. Res. 537-08 Transfers/Appropriates an Appropriation Out and From the Designated Fund (Draft 2): Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Civil Defense Agency, Civil Defense Agency Other Current Expense (Kohala Ditch). Contingency Relief funds from District 9 would be used towards the Kohala Ditch Project in partnership with the North Kohala Community Resource Center.} Res. 545-08: Requests the Director of the Department of Public Works to Enforce Chapter 27, Article 6, of the Hawaii County Code. {The Director of the Public Works Department shall provide immediate written notice to all landowners when reports or complaints are received upon visual observations of blockages or obstruction in drainageways, floodways, levee systems, or watercourses.}; and PWIRC-59. Res. 546-08: Recommends a Minimum Fuel-Efficiency Standard of 35 Miles Per Gallon for Highway Driving, as Measured by the Environmental Protection Agency, for Passenger Vehicles Purchased by the County. {Calls upon the Mayor to assign qualified administrative personnel to monitor the performance of the first ten fuel- efficient vehicles purchased in order to determine the overall cost-benefit of this purchase for the County and requests that the Mayor report the results of this cost- benefit analysis to the Council prior to submission of the Operating Budget on March 1, 2009.}; and FESC-1. Res. 547-08: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease (5 years) of a Copy Machine for the Office of the County Clerk-Election Division. {Current copier has been in service for seven years, is outdated, and often breaks down. The lease for a copy machine would be at an approximate cost of $228.37 per month.}; and FC-253. Res. 549-08: Establishes an Ad Hoc Committee to Plan the Long Term Disposition of Mud Lane Road in the District of Hamakua. {Directs the Council to form the "Mud Lane Road Ad Hoc Committee" to work with the County Administration and the community to come up with along-term disposition plan for Mud Lane Road.}; and PC-76. Hawaii County Council-32 Page 4 March 25, 2008 Res. 552-08: Authorizes the Mayor of the County of Hawaii to Enter Into an Inter-Governmental Agreement with the County of Maui to Provide Limited Assistance for Real Property Mapping. {Our Real Property Tax Division would assist Maui County in the abstracting and data entry necessary to update Maui County's real property tax mapping system for asix-month period. Maui County would compensate Hawaii County for services and costs based on actual labor hours in an amount not to exceed $24,500.};and FC-254. Res. 554-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the Hawaii Public Housing Authority, Pursuant to HRS 46-7, for the Homeownership Program. {Funds would be used to increase outreach to Section 8 Family Self-Sufficiency (FSS) and the Section 8 Homeownership Option Program participants, increase administrative support to both programs, provide matching grants or loan forgiveness to program participants, and provide additional matches to Housing Choice Voucher FSS Program participants to build homeownership savings.}; and FC-255. Res. 555-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the FY 2007 Assistance to Firefighters Grant for the Hawaii Fire Department. {Funds would be used to acquire videoconferencing equipment for 18 different locations around the island.}; and FC-257. Res. 557-08: Requires the County of Hawaii Mass Transit Agency to Create a Partnership with the State of Hawaii Department of Transportation to Design and Construct Park and Ride Facilities at Designated Sites Along State Highway 19 Within Council District {Requires the Mass Transit Agency to enter into a partnership with the State Department of Transportation to identify locations within Papa`ikou, Pepe`ekeo, Laupahoehoe, and the Lakeland Subdivision for the design and construction of park and ride facilities.}; and PW1RC-65. Res. 560-08: 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 Hawaii Police Department Police Administration Division-Other Current Expense Administration-Education-Recreation Supplies (Honomu Neighborhood Watch Program). Contingency Relief funds from District 1 would be used to establish the Honomu Neighborhood Watch Program.} Res. 566-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Police Department/Animal Control Humane Society Miscellaneous Contract Services (AdvoCATS, Inc.-spay and neuter program). Contingency Relief funds from District 7 would be used to supplement and defray costs to spay and neuter feral cats. } Hawaii County Council-32 Page 5 March 25, 2008 Res. 567-08: 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 Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific Supplies (Papa`aloa Gym Judo Mats - $5,000) (Pa`auilo Gym: Basketball and Volleyball Systems - $5,000). Contingency Relief funds from District 1 would be used towards the purchase ofjudo mats for Papa`aloa Gym, and basketball and volleyball systems for Pa`auilo Gym.} Res. 568-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $40,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Transfer to Capital Project-General (Halawa cemetery repaving). Contingency Relief funds from District 9 would be used towards the paving and rebuilding of the access roads and trails to the Halawa cemetery in North Kohala.} Res. 569-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $800 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense Equipment Repairs/Machines (Pu`u`eo Community Center Replacement Refrigerator). Contingency Relief funds from District 2 would be used towards costs related to the replacement of a refrigerator at the Pu`u`eo Community Center, located at Clem Akina Park.} Res. 570-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,705 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Hilo and West Hawaii Veterans Cemetery Other Current Expense (West Hawaii Veterans Cemetery Development and Expansion Association). Contingency Relief funds from District 7 would be used for the purpose of supplying flagpoles and flags to the West Hawaii Veterans Cemetery Development and Expansion Association.} Res. 571-08: 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 Department of Public Works Transfer to Capital Project Fund -General (Waikamalu Stream Bridge Rehab-Hamakua). Contingency Relief funds from District 1 would be used for the repair of the Waikamalu Stream Bridge No. 32-3 in the District of Hamakua.} Hawaii County Council-32 Page 6 March 25, 2008 Res. 572-08: Approves the Establishment of a Sister-City Relationship Between Gwacheon City, Korea, and the County of Hawaii, and Authorizes the Mayor of the County of Hawaii to Enter Into a Formal Signed Agreement. {Article 31, Hawaii County Code, requires the adoption of a Council resolution for the actual establishment of a sister city relationship.} 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 254 Planning Director Initiated: Amends Chapter 25, Article 2, Division 4, (Draft 2): Section 25-2-45 of the Hawaii County Code 1983 (2005 Edition) with Respect to Non-Significant Zoning Changes. {The Planning Director recommends [hat nonsignificant zoning changes be limited to those that increase or decrease zoning designations affecting five percent of the area, or one acre, whichever is less, of any affected lot; and that the Zoning Code be amended to specifically require notice to surrounding property owners and posting of a sign on the property, as generally required for other land use changes.}; and PC-75. Bill 257 Initiates a Charter Amendment to Article XI of the Hawaii County Charter (2000), (Draft 2): Relating to Initiative and Referendum. {Repeals Article XI in its entirety and replaces it with new language relating to: adds a new section entitled, "Initiative and Referendum Process"; adds a new definitions section; amends Sections 11-3, 11-4, 11-7, and 11-8; and makes various other changes.}; and PW[RC-60. Bill 258 Amends Chapter 2, Article I5, of the Hawaii County Code 1983 (2005 Edition, as (Draft 2): Amended), Relating to Campaign Mailing Restrictions. {Adds a provision prohibiting mass mailings of material designed to support a candidate's nomination, at the public expense, by incumbent Council Members in election years.}; and P W IRC-61. Bill 259: Amends Chapter 2, Article 15, Section 2-91.1(a), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Filing of Financial Disclosures by Regulatory Employees. {Requires regulatory employees of the Environmental Management Department to file financial disclosures.}; and PW[RC-62. Bill 260: 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 -Homeownership Program ($50,000); appropriates same to Homeownership Program.}; and FC-256. Hawaii County Council-32 Page 7 March 25, 2008 Bill 261: 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 -Assistance to Firefighters ($244,560); appropriates same to Assistance to Firefighters.}; and FC-258. Bill 262: Initiates an Amendment to Article Ill, Legislative Branch, County Council, of the Hawaii County Charter (2000), to Reorganize the Office of the County Clerk and County Council by Establishing an Independent Audit Function Within the Legislative Branch Through the Office of the Legislative Auditor. {Establishes an independent auditing function within the Legislative Branch.}; and PWIRC-63. Bill 263: Amends Article Xlll, General Provisions, Section 13-1 1, Penalties, of the Hawaii County Charter (2000), Relating to the Clarification of Language Regarding Civil Fines and Increases the Maximum Monetary Penalty for Criminal Fines. {Increases the criminal penalty amount from $1,000 to an amount not to exceed $2,000, and amends the section to clarify the County's authority regarding the imposition of civil fines.}; and PWIRC-64. Bill 271: Amends Chapter 7, Article 2, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Civil Defense Disaster Control. {Increases the effectiveness of civil defense ordered evacuations during impending disasters or disasters by amending Section 7-6, Definitions, by adding to authorized personnel Civil Defense designees.} Bill 272: 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 Young Men's Christian Association (YMCA) -Homeless Children's Program. Funds from Council District 4 would be used for the island's YMCA Homeless Children's Program.} {Appropriates funds that were transferred by Resolution 536-08 (adopted on February 21, 2008) from the District 4 Contingency Relief funds to the Housing fund.} Bill 273: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007, to June 3Q 2008. {Adds PUBLIC WORKS: Bridge Repairs - Islandwide ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources. Funds would be used for existing bridges (islandwide) as they are identified as needing repairs and maintenance to make it safer to motorists and the general public.} 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) AND REPORTS Hawaii County Council-32 Page 8 March 2S, 2008 ORDER OF THE DAY (SECOND OR FINAI, READING) Bill 89 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 2S (Zoning (Draft 3) Code) of the Hawaii County Code, by Changing the District Classification from (2000-2002): Single Family Residential (RS-1 S) to Single Family Residential (RS-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-4-14:42. {Laura Chock, Applicant (formerly Okutau, LLC).} Bill 209 Amends Chapter 2, Article 1 S, of the Hawaii County Code 1983 (2005 Edition, as (Draft 3): Amended), Relating to the Imposition of Administrative Fines for Violations of the County Code of Ethics. {Adds a provision giving [he Board of Ethics authority to impose administrative fines up to $1,000 for violations of the County Ethics Code.} Bill 22S Amends Chapter 2, Article 36, Hawaii County Code 1983 (2005 Edition, as (Drafr 3): Amended), Renaming and Redefining the Geothermal Relocation Program [o the Geothermal Relocation and Community Benefits Program. {Renames the "Geothermal Relocation Program" to the "Geothermal Relocation and Community Benefits Program" and redefines this program as well as increases the minimum balance maintained in the fund from $200,000 to $1,000,000.} Bill 238: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Fire Department Miscellaneous Contribution ($S00); appropriates same to Fire Department Miscellaneous Private Contributions.} Bill 239: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 2S (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:2-2-040:12] (approx. 23,SS9 square feet). {Jinsoo and Ran Hui Iida, Applicants.} Bill 242: Amends Chapter 24, Article 1 1, Division 2, Section 24-308, Schedule 12, of the Hawaii County Code 1983 (2005 Edition, as Amended), Vehicles and Traffic, Relating to Through Streets. {Adds Old Sugar Mill Road and Old Railroad Way (Hamakua District) as a designated through street.} BiII 243: Amends Chapter 24, Article I Q, Division S, Section 24-279, Schedule 27, of the Hawaii County Code 1983 (2005 Edition, as Amended), Vehicles and Traffic, Relating to Parking on Pavement Prohibited at All Times. {Adds Loke Street, both sides between Ohia Street and Miulana Place (Hamakua District) as a designated "no parking" area.} Hawaii County Council-32 Page 9 March 25, 2008 Bill 244: Amends Ordinance No. 07-170 Establishing a New Article Relating to a Hawaii County Cultural Resources Commission. {Amendments relate to the establishment of term requirements for commission members, a specification that historic properties are to be over 50 years old, and minor grammatical corrections.} Bill 245 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Adds `Oma`o Street between Kaumana Drive and East Uluwai Street (South Hilo) proposing a 15 mile per hour speed limit.} Bill 246 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Adds Haili Street, Kapi`olani Street intersection (South Hilo) as a "stop" location.} Bill 247 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Adds Ka`iulani Street at the southbound approach to Bridge Number 23-3 (South Hilo) as a "yield" location.} Bill 256: Amends Chapter 25, Article 5, Division 16, Section 25-5-162, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Permitted Uses Within the Open District. {Re-inserts Subsection (c) of Section 25-5-162 that permits in the O district, uses directly accessory to uses permitted in this section, which was inadvertently deleted in the drafting of Ordinance 08-2.} Bill 264: 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 ($5,000); credits same to Office for Social Ministry -Feeding the Homeless/Hungry Program. Funds would be used by the Food Basket Incorporated/Hawai`i Island Food Bank for its Feeding the Homeless/Hungry Program. } REPORTS PWIRC-58 Recommends approval of the nomination of Mr. Amos Meyers, Jr. (Council (Comm. 1029): District 6), to the Transportation Commission. FC-252 Recommends approval of the renomination of Ms. Tricia Malanka (Council (Comm. 1030): District 7) to the Board of Ethics. Hawaii County Council-32 Page 10 March 25, 2008 REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following, 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. A 2/3 vote pursuant to HRS Section 92-4 and Rule 1 I of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 1098: CLAIM AGAINST THE COUNTY/MATTHEW A. STUROS From Deputy Corporation Counsel Joseph K. Kamelamela, dated March 10, 2008. Comm. 1099: CLAIM AGAINST THE COUNTY/CATHERINE CURRY From Deputy Corporation Counsel Joseph K. Kamelamela, dated March 13, 2008. Comm. 1101: ISSUES RELATING TO THE MAMALAHOA BYPASS AND THE OPENING OF THE HALEKI`I STREET EXTENSION From Council Member Brenda Ford, dated March 14, 2008. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS 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 March 24, 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/agendas 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. Videoconferencing 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. In the event of an unanticipated emergency situation, including but not limited to: severe adverse weather conditions, road closures, or natural disasters, the Hawaii County Council and its Committees may conduct its Hawaii County Council-32 Page 11 March 25, 2008 meetings via videoconference pursuant to Hawaii Revised Statutes § 92-3.5. If that occurs, individual Council Members may be at either the meeting site or one of the videoconference sites. If the audio stream is lost for more than a short period of time, the meeting will be terminated. 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 counciltestimoray~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. Viewing of Meetings on Government Access Television -Channel 52: Wednesday, April 2, 2008, at 6 p.m.; Sunday, April 6, 2008, at 10:30 a.m.; and Wednesday, April 9, 2008, at 6 p.m. UPCOMING MEETINGS TUESDAY, MARCH 25, 2008 FINANCE COMMITTEE 6:00 p.m. COUNCIL ROOM - HILO PUBLIC HEARING RE 333 Kilauea Avenue RESOLUTION 551-08 Ben Franklin Building (WASTE-TO-ENERGY Second Floor FACILITY) TUESDAY, APRIL 1, 2008 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM - HILO SPECIAL MEETING 333 Kilauea Avenue (DEPARTMENTAL AND Ben Franklin Building PROGRAM REVIEWS OF Second Floor BUDGETS) WEDNESDAY, APRIL 2, 2008 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM - HILO SPECIAL MEETING 333 Kilauea Avenue (DEPARTMENTAL AND Ben Franklin Building PROGRAM REVIEWS OF Second Floor BUDGETS) THURSDAY, APRIL 3, 2008 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM - HILO SPECIAL MEETING 333 Kilauea Avenue (DEPARTMENTAL AND Ben Franklin Building PROGRAM REVIEWS OF Second Floor BUDGETS) Hawaii County Council-32 Page 12 March 25, 2008 MONDAY. APRIL 7, 2008 FINANCE COMMITTEE 6:00 p.m. W. M. KECK OBSERVATORY PUBLIC HEARING RE Hualalai Conference Room RESOLUTION 551-08 65-1120 Mamalahoa Highway (WASTE-TO-ENERGY FACILITY) TUESDAY, APRIL 8, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, APRIL 9, 2008 COUNCIL TBA COUNCIL ROOM - H[LO 333 Kilauea Avenue Ben Franklin Building Second Floor THURSDAY, APRIL 17, 2008 FINANCE COMMITTEE 6:00 p.m. SHERATON KEAUHOU BAY PUBLIC HEARING RE RESORT AND SPA RESOLUTION 551-08 78-129 Ehukai Street (WAST&TO-ENERGY FACILITY) PETE HOFFMANN BRENDA FORD Clm~r & Presiding QJficer W%q~ STACY K. HIGH DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON Vice Chair 'i~~~ o,;N',+J EMILY 1. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 32"d Session ORDER OF BUSINESS Hawaii County Council 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 ofTcials.) Tuesday, March 25, 2008 8:30 a.m. INVOCATION Pastor Richard Uejo of KMC Chapel and Heritage Fellowship CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 6, 2008 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Islaud Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council-32 Page 2 March 25, 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. 589.13: UPDATE OF THE ACTIVITIES OF THE LEGISLATIVE LIAISON From Council Chair Pete Hoffmann, dated March 17, 2008, requesting this matter be agendized in order for the Ad Hoc Task Force (and Mr. Ralph Boyea, if available) to apprise the Council on the activities of the legislative liaison. Comm. 1038: NOMINATION OF MR. HOWARD A. KELLY (COUNCIL DISTRICT 3) TO THE L[OUOR COMMISSION From Mayor Harry Kim, dated February 13, 2008, requesting approval of the above nomination; and Comm. 1038.1: From Public Safety and Parks and Recreation Committee Chair Donald Ikeda, dated March l7, 2008, requesting this matter be waived to the Council. Comm. 1043: NOMINATION OF MR. RICHARD J. BEHENNA (COUNCIL DISTRICT 6) TO THE POLICE COMMISSION From Mayor Harry Kim, dated February 14, 2008, requesting approval of the above nomination; and Comm. 1043.1: From Public Safety and Parks and Recreation Committee Chair Donald Ikeda, dated March 17, 2008, requesting this matter be waived to the Council. Comm. 1069: NOMINATION OF MS. LEINAALA ENOS (COUNCIL DISTRICT 6) TO THE LIOUOR ADJUDICATION BOARD From Mayor Harry Kim, dated February 26, 2008, requesting approval of the above nomination. Waived: PSPRC ORDER OF RESOLUTIONS Res. 504-08 Authorizes Extension of the County of Hawaii Fuel Tax. {The County's current (Draft 2): special fuel tax program will sunset on June 30, 2008. Draft 2 provides for a range in the fuel tax amount from 8.8 cents and 13 cents per gallon.} Re: Comm. 950.1 Intr. by: Mr. Pilago Waived: FC Postponed Pending Public Hearing: February 6, 2008 Public Hearing Held: March 11, 2008 (Note: There is a pending motion by Ms. Naeole and duly seconded by Mr. Jacobson to approve Resolution 504-08, as amended.) Hawaii County Council-32 Page 3 March 25, 2008 Res. 528-08: Approves a Residential Assistance Program for Qualified County of Hawaii Employees. {]f implemented, the Finance Department would draft the necessary program documents, determine funding sources, and work with financial institutions on the specific details to specifically implement this program.} Re: Comm. 1001 Intr. by: Ms. Naeole Negative: FC-259 Res. 530-08 Authorizes the Exemption of Certain Code Requirements, Pursuant to (Draft 2): Sections 201H-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.} Re: Comm. 1005.3 Intr. by: Mr. Hoffmann Approve: CHA -February 5, 2008 Postponed: February 21, 2008 Held Over Pursuant to Council Rule 25(e): March 12, 2008 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Naeole to approve Resolution 530-08, as amended.) ;and Comm. 1005.4: From Council Chair Pete Hoffmann, dated March 13, 2008, transmitting a proposed amendment to Resolution 530-08, Draft 2. Res. 537-08 Transfers/Appropriates an Appropriation Out and From the Designated Fund (Draft 2): Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Civil Defense Agency, Civil Defense Agency Other Current Expense (Kohala Ditch). Contingency Relief funds from District 9 would be used towards the Kohala Ditch Project in partnership with the North Kohala Community Resource Center.} Re: Comm. 1027.2 Intr. by: Mr. Hoffmann Waived: FC Held Over Pursuant to Council Rule 25(e): March 12, 2008 (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Yagong to approve Resolution 537-08, as amended.) Hawaii County Council-32 Page 4 March 25, 2008 Res. 545-08: Requests the Director of the Department of Public Works [o Enforce Chapter 27, Article 6, of the Hawaii County Code. {The Director of the Public Works Department shall provide immediate written notice to all landowners when reports or complaints are received upon visual observations of blockages or obstruction in drainageways, floodways, levee systems, or watercourses.} Re: Comm. 1050 Intr. by: Mr. Jacobson Approve: PWIRC-59 Res. 546-08: Recommends a Minimum Fuel-Efficiency Standard of 35 Miles Per Gallon for Highway Driving, as Measured by the Environmental Protection Agency, for Passenger Vehicles Purchased by the County. {Calls upon the Mayor to assign qualified administrative personnel to monitor the performance of the Frst ten fuel- efficient vehicles purchased in order to determine the overall cost-benefit of this purchase for the County and requests that the Mayor report the results of this cost- benefit analysis to the Council prior to submission of the Operating Budget on March 1, 2009.} Re: Comm. 1051 Intr. by: Mr. Hoffmann Approve: FESC-1 Res. 547-08: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease (5 years) of a Copy Machine for the Office of the County Clerk-Election Division. {Current copier has been in service for seven years, is outdated, and often breaks down. The lease for a copy machine would be at an approximate cost of $228.37 per month.} Re: Comm. ]052 Intr. by: Mr. Hoffmann Approve: FC-253 Res. 549-08: Establishes an Ad Hoc Committee to Plan the Long Term Disposition of Mud Lane Road in the District of Hamakua. {Directs the Council to form the "Mud Lane Road Ad Hoc Committee" to work with the County Administration and the community to come up with along-term disposition plan for Mud Lane Road.} Re: Comm. 1057 Intr, by: Mr. Yagong Approve: PC-76 Hawaii County Council-32 Page 5 March 25, 2008 Res. 552-08: Authorizes the Mayor of the County of Hawaii to Enter Into an Inter-Governmental Agreement with the County of Maui to Provide Limited Assistance for Real Property Mapping. {Our Real Property Tax Division would assist Maui County in the abstracting and data entry necessary to update Maui County's real property tax mapping system for asix-month period. Maui County would compensate Hawaii County for services and costs based on actual labor hours in an amount not to exceed $24,500.} Re: Comm. 1063 Intr. by: Mr. Yagong Approve: FC-254 Res. 554-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the Hawaii Public Housing Authority, Pursuant to HRS 46-7, for the Homeownership Program. {Funds would be used to increase outreach to Section 8 Family Self-Sufficiency (FSS) and the Section 8 Homeownership Option Program participants, increase administrative support to both programs, provide matching grants or loan forgiveness to program participants, and provide additional matches to Housing Choice Voucher FSS Program participants to build homeownership savings. } Re: Comm. 1065 Intr. by: Mr. Yagong Approve: FC-255 Res. 555-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the FY 2007 Assistance to Firefighters Grant for the Hawaii Fire Department. {Funds would be used to acquire videoconferencing equipment for 18 different locations around the island.} Re: Comm. 1066 Intr. by: Mr. Yagong Approve: FC-257 Res. 557-08: Requires the County of Hawaii Mass Transit Agency to Create a Partnership with the State of Hawaii Department of Transportation to Design and Construct Park and Ride Facilities at Designated Sites Along State Highway 19 Within Council District 1. {Requires the Mass Transit Agency to enter into a partnership with the State Department of Transportation to identify locations within Papa`ikou, Pepe`ekeo, Laupahoehoe, and the Lakeland Subdivision for the design and construction of park and ride facilities.} Re: Comm. 1072 Intr. by: Mr. Yagong Approve: PWIRC-65 Hawaii County Council-32 Page 6 March 25, 2008 Res. 560-08: 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 Hawaii Police Department Police Administration Division-Other Current Expense Administration-Education-Recreation Supplies (Honomu Neighborhood Watch Program). Contingency Relief funds from District 1 would be used [o establish the Honomu Neighborhood Watch Program.} Re: Comm. 1075 Intr. by: Mr. Yagong Waived: FC Res. 566-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Police Department/Animal Control Humane Society Miscellaneous Contract Services (AdvoCATS, Inc.-spay and neuter program). Contingency Relief funds from District 7 would be used to supplement and defray costs to spay and neuter feral cats.} Re: Comm. 1095 Intr. by: Ms. Ford Waived: FC Res. 567-08: 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 Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific Supplies (Papa`aloa Gym Judo Mats-$5,000) (Pa`auilo Gym: Basketball and Volleyball Systems - $5,000). Contingency Relief funds from District 1 would be used towards the purchase ofjudo mats for Papa`aloa Gym, and basketball and volleyball systems for Pa`auilo Gym.} Re: Comm. 1100 Intr, by: Mr. Yagong Waived: FC Res. 568-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $40,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Transfer to Capital Project-General (Halawa cemetery repaving). Contingency Relief funds from District 9 would be used towards the paving and rebuilding of the access roads and trails to the Halawa cemetery in North Kohala.} Re: Comm. 1102 Intr. by: Mr. Hoffmann Waived: FC Hawaii County Council-32 Page 7 March 25, 2008 Res. 569-08: Transfers/Appropriates an Appropriation Out and From the pesignated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $800 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense Equipment Repairs/Machines (Pu`u`eo Community Center Replacement Refrigerator). Contingency Relief funds from District 2 would be used towards costs related to the replacement of a refrigerator at the Pu`u`eo Community Center, located at Clem Akina Park.} Re: Comm. 1103 Intr. by: Mr. Ikeda Waived: FC Res. 570-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,705 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Hilo and West Hawaii Veterans Cemetery Other Current Expense (West Hawaii Veterans Cemetery Development and Expansion Association). Contingency Relief funds from District 7 would be used for the purpose of supplying flagpoles and flags to the West Hawaii Veterans Cemetery Development and Expansion Association.} Re: Comm. 1104 Intr. by: Ms. Ford Waived: FC Res. 571-08: 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 Department of Public Works Transfer to Capital Project Fund -General (Waikamalu Stream Bridge Rehab-Hamakua). Contingency Relief funds from District 1 would be used for the repair of the Waikamalu Stream Bridge No. 32-3 in the District of Hamakua.} Re: Comm. 1105 Intr. by: Mr. Yagong Waived: FC Res. 572-08: Approves the Establishment of a Sister-City Relationship Between Gwacheon City, Korea, and the County of Hawaii, and Authorizes the Mayor of the County of Hawaii to Enter Into a Formal Signed Agreement. {Article 31, Hawaii County Code, requires the adoption of a Council resolution for the actual establishment of a sister city relationship.} Re: Comm. 1106 Intr. by: Ms. Ford Waived: PWIRC Hawaii County Council-32 Page 8 March 25, 2008 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 254 Planning Director Initiated: Amends Chapter 25, Article 2, Division 4, (Draft 2): Section 25-2-45 of the Hawaii County Code 1983 (2005 Edition) with Respect to Non-Significant Zoning Changes. {The Planning Director recommends that nonsignificant zoning changes be limited to those that increase or decrease zoning designations affecting five percent of the area, or one acre, whichever is less, of any affected lot; and that the Zoning Code be amended to specifically require notice to surrounding property owners and posting of a sign on the property, as generally required for other land use changes.} Re: Comm. 1041.2 Intr. by: Mr. Pilago Approve: PC-75 Bill 257 Initiates a Charter Amendment to Article XI of the Hawaii County Charter (2000), (Draft 2): Relating to Initiative and Referendum. {Repeals Article XI in its entirety and replaces it with new language relating to: adds a new section entitled, "Initiative and Referendum Process"; adds a new definitions section; amends Sections 11-3, 11-4, 1 ]-7, and I 1-8; and makes various other changes.} Re: Comm. 1056.5 Intr. by: Ms. Ford Approve: PWIRC-60 2/3 Vote: First of three required readings, Section 15-1(a), Hawaii County Charter Bill 258 Amends Chapter 2, Article 15, of [he Hawaii County Code 1983 (2005 Edition, as (Drafr 2): Amended), Relating to Campaign Mailing Restrictions. {Adds a provision prohibiting mass mailings of material designed to support a candidate's nomination, at the public expense, by incumbent Council Members in election years.} Re: Comm. 1059.1 Intr. by: Mr. Hoffmann Approve: PWIRC-61 Bill 259: Amends Chapter 2, Article 15, Section 2-91.1(a), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Filing of Financial Disclosures by Regulatory Employees. {Requires regulatory employees of the Environmental Management Department to file financial disclosures.} Re: Comm. 1061 Intr. by: Ms. Ford (B/R) Approve: PWIRC-62 Hawaii County Council-32 Page 9 March 25, 2008 Bill 260: 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 -Homeownership Program ($50,000); appropriates same to Homeownership Program. } Re: Comm. 1065 Intr. by: Mr. Yagong Approve: FC-256 Bill 261: 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 -Assistance to Firefighters ($244,560); appropriates same to Assistance to Firefighters.} Re: Comm. 1066 Intr. by: Mr. Yagong Approve: FC-258 Bill 262: Initiates an Amendment [o Article Legislative Branch, County Council, of the Hawaii County Charter (2000), to Reorganize the Office of the County Clerk and County Council by Establishing an Independent Audit Function Within the Legislative Branch Through the Office of the Legislative Auditor. {Establishes an independent auditing function within the Legislative Branch.} Re: Comm. 1067 Intr. by: Ms. Ford Approve: PWIRC-63 2/3 Vote: First of three required readings, Section 15-1(a), Hawaii County Charter Bill 263: Amends Article XIII, General Provisions, Section 13-11, Penalties, of the Hawaii County Charter (2000), Relating to the Clarification of Language Regarding Civil Fines and Increases the Maximum Monetary Penalty for Criminal Fines. {Increases the criminal penalty amount from $1,000 to an amount not to exceed $2,000, and amends the section to clarify the County's authority regarding the imposition of civil fines.} Re: Comm. 1068 Intr. by: Ms. Ford Approve: PWIRC-64 2/3 Vote: First of three required readings, Section 15-1(a), Hawaii County Charter Hawaii County Council-32 Page 10 March 25, 2008 Bill 271: Amends Chapter 7, Article 2, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Civil Defense Disaster Control. {Increases the effectiveness of civil defense ordered evacuations during impending disasters or disasters by amending Section 7-6, Definitions, by adding to authorized personnel Civil Defense designees.} Re: Comm. 1093 Intr. by: Mr. Ikeda Waived: PSPRC Bill 272: 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 Young Men's Christian Association (YMCA)- Homeless Children's Program. Funds from Council District 4 would be used for the island's YMCA Homeless Children's Program.} {Appropriates funds that were transferred by Resolution 536-08 (adopted on February 21, 2008) from the District 4 Contingency Relief funds to the Housing fund.} Re: Comm. 1096 Intr. by: Mr. Yagong Waived: FC Bill 273: 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 PUBLIC WORKS: Bridge Repairs - Islandwide ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources. Funds would be used for existing bridges (islandwide) as they are identified as needing repairs and maintenance to make it safer to motorists and the general public.} Re: Comm. 1097 Intr. by: Mr. Yagong Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) AND REPORTS Hawaii County Council-32 Page 11 March 25, 2008 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 89 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 3) Code) of the Hawaii County Code, by Changing the District Classification from (2000-2002): Single Family Residential (RS-15) to Single Family Residential (RS-10) aC Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-4-14:42. {Laura Chock, Applicant (formerly Okutau, LLC).} Re: Comm. 856.4 Intr. by: Mr. Pilago 151 Reading: March 12, 2008 Bill 209 Amends Chapter 2, Article 15, of the Hawaii County Code 1983 (2005 Edition, as (Draft 3): 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. 870.5 Intr. by: Ms. Ford Postponed: January 24, 2008 l~` Reading: February 6, 2008 Held Over Pursuant to Council Rule 25(e): February 21, 2008 Postponed: March 12, 2008 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Ford to approve Bi11209, Draft 2, as amended (Draft 3). Bill 225 Amends Chapter 2, Article 36, Hawaii County Code 1983 (2005 Edition, as (Draft 3): 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 as well as increases the minimum balance maintained in the fund from $200,000 to $1,000,000.} Re: Comm. 943.7 Intr. by: Ms. Naeole l~' Reading: February 21, 2008 Held Over Pursuant to Council Rule 25(e): March 12, 2008 (Note: There is a pending motion by Ms. Naeole and duly seconded by Mr. Jacobson to approve Bi11225, Draft 2, as amended (Draft 3).) Hawaii Comity Council-32 Page 12 March 25, 2008 Bill 238: 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 ($500); appropriates same to Fire Department Miscellaneous Private Contributions.} Re: Comm. 999 Intr. by: Mr. Yagong ls' Reading: March 12, 2008 Bill 239: 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:2-2-040:121 (approx. 23,559 square feet). {Jinsoo and Ran Hui Iida, Applicants.} Re: Comm. 1002 [ntr. by: Mr. Pilago ls' Reading: March 12, 2008 Bill 242: Amends Chapter 24, Article 1 1, Division 2, Section 24-308, Schedule 12, of the Hawaii County Code 1983 (2005 Edition, as Amended), Vehicles and Traffic, Relating to Through Streets. {Adds Old Sugar Mill Road and Old Railroad Way (Hamakua District) as a designated through street.} Re: Comm. 1011 Intr. by: Mr. Yagong I Reading: March 12, 2008 Bill 243: Amends Chapter 24, Article 10, Division 5, Section 24-279, Schedule 27, of the Hawaii County Code 1983 (2005 Edition, as Amended), Vehicles and Traffic, Relating to Parking on Pavement Prohibited at All Times. {Adds Loke Street, both sides between Ohia Street and Miulana Place (Hamakua District) as a designated "no parking" area.} Re: Comm. 1012 Intr. by: Mr. Yagong l~' Reading: March 12, 2008 BiII 244: Amends Ordinance No. 07-170 Establishing a New Article Relating to a Hawaii County Cultural Resources Commission. {Amendments relate to the establishment of term requirements for commission members, a specification that historic properties are to be over 50 years old, and minor grammatical corrections.} Re: Comm. 1013 Intr. by: Ms. Naeole ls' Reading: March 12, 2008 Hawaii County Council-32 Page 13 March 25, 2008 Bill 245 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Adds `Oma`n Street between Kaumana Drive and East Uluwai Street (South Hilo) proposing a 15 mile per hour speed limit.} Re: Comm. 1015.3 Intr. by: Ms. Ford ls' Reading: March 12, 2008 Bill 246 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Adds Haili Street, Kapi`olani Street intersection (South Hilo) as a "stop" location.} Re: Comm. 1076.2 Intr. by: Ms. Ford l~' Reading: March 12, 2008 Bill 247 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Adds Ka`iulani Street at the southbound approach to Bridge Number 23-3 (South Hilo) as a "yield" location.} Re: Comm. 1017.2 Intr. by: Ms. Ford 1~' Reading: March 12, 2008 Bill 256: Amends Chapter 25, Article 5, Division 16, Section 25-5-162, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Permitted Uses Within the Open District. {Re-inserts Subsection (c) of Section 25-5-162 that permits in the O district, uses directly accessory to uses permitted in this section, which was inadvertently deleted in the drafting of Ordinance 08-2.} Re: Comm. 1049 Intr. by: Mr. Hoffmann 1s' Reading: March 12, 2008 Bill 264: 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 ($5,000); credits same to Office for Social Ministry -Feeding the Homeless/Hungry Program. Funds would be used by the Food Basket Incorporated/Hawai`i Island Food Bank for its Feeding the Homeless/Hungry Program. } Re: Comm. 1071 Intr. by: Mr. Yagong l~' Reading: March 12, 2008 Hawaii County Council-32 Page 14 March 25, 2008 REPORTS PWIRC-58 Recommends approval of the nomination of Mr. Amos Meyers, Jr. (Council (Comm. 1029): District 6), to the Transportation Commission. FC-252 Recommends approval of the renomination of Ms. Tricia Malanka (Council (Comm. 1030): District 7) to the Board of Ethics. REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following, 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. A 2/3 vote pursuant to HRS Section 92-4 and Rule ] I of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 1098: CLAIM AGAINST THE COUNTY/MATTHEW A. STUROS From Deputy Corporation Counsel Joseph K. Kamelamela, dated March 10, 2008. Comm. 1099: CLAIM AGAINST THE COUNTY/CATHERINE CURRY From Deputy Corporation Counsel Joseph K. Kamelamela, dated March 13, 2008. Comm. t 101: ISSUES RELATING TO THE MAMALAHOA BYPASS AND THE OPENING OF THE HALEKI`I STREET EXTENSION From Council Member Brenda Ford, dated March 14, 2008. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS 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 March 24, 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://ca hawaii.hi.us/counciUagendas_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-32 Page 15 March 25, 2008 Videoconferencine 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. In the event of an unanticipated emergency situation, including but not limited to: severe adverse weather conditions, road closures, or natural disasters, the Hawaii County Council and its Committees may conduct its meetings via videoconference pursuant to Hawaii Revised Statutes § 92-3.5. if that occurs, individual Council Members may be at either the meeting site or one of the videoconference sites. If the audio stream is lost for more than a short period of time, the meeting will be terminated. 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_(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. Viewine of Meetings on Government Access Television -Channel 52: Wednesday, April 2, 2008, at 6 p.m.; Sunday, April 6, 2008, at 10:30 a.m.; and Wednesday, April 9, 2008, at 6 p.m. UPCOMING MEETINGS TUESDAY, MARCH 25, 2008 FINANCE COMMITTEE 6:00 p.m. COUNCIL ROOM - HILO PUBLIC HEARING RE 333 Kilauea Avenue RESOLUTION 551-08 Ben Franklin Building (WASTE-TO-ENERGY Second Floor FACILITY) TUESDAY, APRIL 1, 2008 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM - HILO SPECIAL MEETING 333 Kilauea Avenue (DEPARTMENTAL AND Ben Franklin Building PROGRAM REVIEWS OF Second Floor BUDGETS) WEDNESDAY, APRIL 2, 2008 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM - HILO SPECIAL MEETING 333 Kilauea Avenue (DEPARTMENTAL AND Ben Franklin Building PROGRAM REVIEWS OF Second Floor BUDGETS) Hawaii County Council-32 Page 16 March 25, 2008 THURSDAY, APRIL 3, 2008 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM - HILO SPECIAL MEETING 333 Kilauea Avenue (DEPARTMENTAL AND Ben Franklin Building PROGRAM REVIEWS OF Second Floor BUDGETS) MONDAY, APRIL 7, 2008 FINANCE COMMITTEE 6:00 p.m. W. M. KECK OBSERVATORY PUBLIC HEARING RE Hualalai Conference Room RESOLUTION 551-08 65-1120 Mamalahoa Highway (WASTE-TO-ENERGY FACILITY) TUESDAY, APRIL 8, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, APRIL 9, 2008 COUNCIL TBA COUNC[LROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor THURSDAY, APR[L 17, 2008 FINANCE COMMITTEE 6:00 p.m. SHERATON KEAUHOU BAY PUBLIC HEARING RE RESORT AND SPA RESOLUTION 551-08 78-]29 Ehukai Street (WASTE-TO-ENERGY FACILITY)