Loading...
HomeMy WebLinkAboutAGE COUNCIL 2008/04/09 2006-2008 BRENDA FORD PETE HOFFMANN ~p;!-~` Chmr & PrestdmgO~cer STACY K. RIGA DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON 4hce Chmr •~ij•.,,, ~:~P~ EMILY I. NAEOLE h DOMIN[C YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawai `i Hawaii County Building 25 Aupuni Stree[ Hilo, Hawaii 96720 v q O lJ ~i 33rd Session ~ ~,I ~ r,:. ~ ORDER OF BUSINESS -o - 3 i.: Hawaii County Council S.m 333 Kilauea Avenue W (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, April 9, 2008 8:00 a.m. INVOCATION Reverend Bob Thompson of Puna Congregational Christian Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 21, 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 County is an Equal Opportunity Provider and Employer. Hawaii County Council-33 Page 2 April 9, 2008 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS COMMUNICATIONS Comm. 1134: REQUEST TO DISCUSS SETTING A PUBLIC HEARING TO DECREASE CERTAIN REAL PROPERTY TAX RATES PURSUANT TO HAWAII COUNTY CODE SECTION 19-90 From Council Member Dominic Yagong, dated April 2, 2008, proposing a decrease in the following rates: Improved Residential Taxable Building (ranging between $8.10 to $5.10) and Agricultural or Native Forests Taxable Building (ranging between $8.35 to $5.35). Waived: FC Comm. 589.14: UPDATE OF THE ACTIVITIES OF THE LEGISLATIVE LIAISON From Council Chair Pete Hoffmann, dated March 28, 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. 1082: NOMINATION OF MR. STEVEN G. PAVAO (COUNCIL DISTRICT 2) TO THE ENVIRONMENTAL MANAGEMENT COMMISSION From Mayor Harry Kim, dated March 4, 2008, requesting approval of the above nomination. 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 550-08: Encourages the Cost-Effective Installation of Solar Water Heating Systems and Photovoltaic Energy Systems on County Buildings. {Calls upon the Mayor to assign qualified administrative personnel to help determine the funding requirements to implement and oversee such installation on County facilities in order to meet the County's energy goals and to report the funding requirements for installation of the solar systems to the Council prior to the submission of the operating budget on March 1, 2009.}; and FESC-2. Res. 553-08: Requests that the County of Hawaii Complete Construction of the Mamalahoa Bypass Highway Over the Richards/Coupe Property. {Encourages construction of the Mamalahoa Bypass Highway and not wait for the appeal process to run its course (Civil Nos. 00-1-0181K and OS-1-01 SK, County of Hawaii v. Robert Nigel Richards, et al. and that the Administration consider undertaking the construction of the Richards/Coupe section of the Mamalahoa Bypass Highway and seek reimbursement from Oceanside 1250 for the construction costs.}; and FJC-6. Hawaii County Council-33 Page 3 Apri19, 2008 Res. 562-08: Creates a Construction Equipment Mechanic Position and Abolishes a Lubrication Worker Position Within the Department of Public Works' Automotive Division. {The new position is needed in the Kohala District to take care of the increase in construction equipment to service in that area, and the abolished position can only perform lubrication work and is no longer needed.}; and FC-261. Res. 563-08: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for aMulti-Year Lease (5 years) of a Copier for the Department of Parks & Recreation. {The Parks and Recreation Department's Coordinated Services for the Elderly's current copier is no longer repairable.}; and FC-262. Res. 564-08: 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 Data Grant for the Hawaii County Police Department. {Funds would be used to establish a statewide traffic data system and to ensure compliance with national standards.}; and FC-264. Res. 574-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Agriculture Research and Development Other Current Expense (12' Annual Taste of Puna). Contingency Relief funds from District 3 would be used to cosponsor the 12'n Annual Taste of Puna to be held on June 21, 2008.} Res. 575-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $50,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Transfer to Highway Fund (Roads-in-Limbo - Hamakua). Contingency Relief funds from District 1 would be used [o address roads-in-limbo, specifically Loke Street and Kahawai Road in the Hamakua District.} Res. 576-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,900 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Elderly Activities Division Recreation Equipment (Miscellaneous Equipment). Contingency Relief funds from District 2 would be used towards the purchase of miscellaneous equipment which will be used at various senior center sites, and for various East Hawaii senior activities and events. } Hawaii County Council-33 Page 4 Apri19, 2008 Res. 577-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion Miscellaneous Contract Services (Malama Punalu`u Festival). Contingency Relief funds from District 6 would be used towards the Malama Punalu`u Festival.} Res. 579-08: 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 Office of the Prosecuting Attorney Kona Prosecuting Attomey Other Current Expense (Big Island Substance Abuse Council (BISAC)- Adult and Adolescent Outpatient Treatment Services and Therapeutic Living Program Services). Contingency Relief funds from District 7 would be used for BISAC's program, "Adult and Adolescent Outpatient Services and Therapeutic Living Program Services".} Res. 580-08: 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 Prosecuting Attorney Kona Prosecuting Attorney Other Current Expense (Big Island Substance Abuse Council (BISAC)- Baby Substance Abuse Free Environment (S.A.F.E.)). Contingency Relief funds from District 7 would be used for BISAC's Baby S.A.F.E. program.} Res. 581-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Agriculture Research and Development Other Current Expense, Miscellaneous Contract Services (Taste of Puna-Cook Off). Contingency Relief funds from District 6 would be used to support the Taste of Puna -Cook Off } Res. 584-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (2008 Hui Okinawa Haari Boat Race). Contingency Relief funds from District 2 would be used towards costs related to the 2008 Hui Okinawa Haari Boat Race.} Hawaii County Council-33 Page 5 Apri19, 2008 Res. 585-08: 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 (Office for Social Ministry (OSM)-Hawaii Island Mobile Care Health Project). Contingency Relief funds from District 7 would be used for the Mobile Care Health Project.} Res. 586-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Housing and Community Development Transfer to Housing Fund (Office for Social Ministry (OSM)-Hawaii Island Mobile Care Health Project). Contingency Relief funds from District 1 would be used for the OSM's Mobile Care Health Project dental care services in the Hamakua District. } Res. 587-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Housing and Community Development Transfer to Housing Fund (Office of Social Ministry (OSM)-Hawaii Island Mobile Care Health Project). Contingency Relief funds from District 9 would be used for the OSM's Mobile Care Health Project dental care services.} Res. 588-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion (Waikoloa Dry Forest Recovery Project). Contingency Relief funds from District 9 would be used towards public outreach programs focused on community and tourist educational programs on rare flora and environmental protection. } Res. 589-08: Supports the Various Efforts of the House of Representatives to Present Solutions for Our State's Health-Care Crisis. {Lobbies for the passage of State legislation to help alleviate the healthcare crisis, including but not limited to legislation aimed at medical tort liability reform.} Res. 590-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,600 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Equipment, Computer Equipment and Software (Yano Hall Computer). Contingency Relief funds from District 7 would be used towards the purchase of a computer and printer for Yano Hall. } Hawaii County Council-33 Page 6 April 9, 2008 Res. 591-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $36,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Transfer to Capital Project Fund-General (West Hawaii Traffic Calming Improvements). Contingency Relief funds from District 7 would be used to construct speed humps to resolve safety issues on La`aloa Avenue.} Res. 592-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $150,000 out and from Clerk-Council Services- Contingency Relief account; credits same to Department of Public Works Transfer to Capital Project Fund-General (to be allotted to Kino`ole/Kamana Improvements). Contingency Relief funds from District 2 would be used towards the Kino`ole Street/Kamana Street Improvements project (improvements include, but are not limited to, streetlights, smart signs, traffic calming devices, traffic control mechanisms, guardrails, and other necessary and appropriate improvements).} 10:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 235 Planning Director Initiated: Amends Ordinance No. 96-7 by Amending the Portion (Draft 2): of Condition M.4 Relating to the Construction of a Barricade or Breakaway Gate to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Prior to the Opening of the Entire Mamalahoa Bypass. Ordinance No. 96-7 Reclassified Lands from Unplanned (U) to Agricultural 1-Acre (A-la) at Honuaino 3`a and 41h, Hokukano l51 and 2"a, Haleki`i, Keekee ls' and 2"a, Ilikahi, Kanakau 151 and 2"a, Kalukalu ls' 2"a and 3`a, and Onouli 151, North and South Kona, Hawaii, Covered by Tax Map Key:7-9-12:4 & 11; 8-1-4:3, 7, 65 & 68; 8-1-27:]6, 20, 21, 27-43; 8-1-28:9, 10, 19-28, 30, 44-47; 8-1-30:1-3, 5-9, 12-53; 8-1-32:1-54; 8-1-33:1-20; 8-1-34:1-25 (formerly 7-9-12: Portion of 3, 4 & 1 1 and 8-1-4: Portion of 3), and Included a Condition M.4 Stating that a Barricade or Breakaway Gate Meeting with the Requirements of the Department of Public Works, Shall be Installed by the Applicant as Part of the Required Haleki`i Street Improvements, the Purpose of this Condition Being to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Between the Existing Mamalahoa Highway and a Portion of the Mamalahoa Highway Bypass Until the Entire Proposed Mamalahoa Highway Bypass Between the Approximate Vicinity of Keauhou and Captain Cook has been Completed and Opened for General Public Use; and FJC-7; and Comm. 997.7: From Planning Director Christopher J. Yuen, dated March 10, 2008, providing comment on amendments to Bills 235 and 236 that the Council is considering; and Comm. 997.10: From Council Member Brenda J. Ford, dated March 24, 2008, transmitting proposed amendments to Bill 235, Draft 2; and Comm. 997.12: From Public Works Director Bruce C. McClure, P. E., dated March 28, 2008, providing comments to major issues that they have concerns about relating to Bill 235, Drafr 2 (and subsequent Bill 236, Draft 2); and (Comm. 997.13 continues on the next page.) Hawaii County Council-33 Page 7 April 9, 2008 Comm. 997.13: From Mayor Harry Kim, dated March 27, 2008, transmitting proposed amendments to Bill 235, Draft 2 (attaches a proposed "Draft 3"). Bill 236 Planning Director Initiated: Amends Ordinance No. 96-8 by Amending the Portion (Drafr 2): of Condition L.4 Relating to the Construction of a Barricade or Breakaway Gate to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Prior to the Opening of the Entire Mamalahoa Bypass. Ordinance No. 96-8 Reclassified Lands from Agricultural 5-Acre (A-Sa) and Unplanned (U) to Agricultural 1-Acre (A-1 a) at Honuaino 3`a and 4'h, Hokukano ls' and 2"a, Kanaueue ls' and 2"a, Haleki`i, Keekee ls' and 2"a, Ilikahi, Kanakau ls' and 2"a, Kalukalu ls' 2"a and 3`a, and Onouli ls', North and South Kona, Hawaii, Covered by Tax Map Key:7-9-12:4, 6, 9, 29; 8-1- 4: 3, 56, 59-62, 64, 70; 8-1-26:1-3, 5-9, 11-57; 8-1-27:1-I5, 17-26, 33-38, 43; 8-1- 28:1-3, 7-18, 28-38, 40-43; 8-1-29:1, 2, 4, 6-46, 53-59, 62, 63; 8-1-30:1-9, 49, 51 (formerly 7-9-6: Portion of 1, 7-9-12: Portions of 3 and 4 and 8-1-4: Portion of 3), and Included a Condition L.4 Stating that a Barricade or Breakaway Gate Meeting with the Requirements of the Department of Public Works, Shall be Installed by the Applicant as Part of the Required Haleki`i Street Improvements, the Purpose of this Condition Being to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Between the Existing Mamalahoa Highway and a Portion of the Mamalahoa Highway Bypass Until the Entire Proposed Mamalahoa Highway Bypass Between the Approximate Vicinity of Keauhou and Captain Cook has been Completed and Opened for General Public Use; and FJC-8; and Comm. 997.1 1: From Council Member Brenda J. Ford, dated March 25, 2008, transmitting proposed amendments to Bill 236, Draft 2; and Comm. 997.12: From Public Works Director Bruce C. McClure, P. E., dated March 28, 2008, providing comments to major issues that they have concerns about relating to Bill 236, Draft 2 (and previous Bill 235, Draft 2); and Comm. 997.14: From Mayor Harry Kim, dated March 27, 2008, transmitting proposed amendments to Bill 236, Draft 2 (attaches a proposed "Draft 3"). Bill 240: 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: Mamalahoa Bypass Mitigation Measures ($500,000); funds shall be provided from Fair Share Contributions (Fund Balance -Designated). Funds would be used to construct traffic calming improvements on Ali`i Drive and Haleki`i Street to mitigate the anticipated increase in vehicle traffic caused by the opening of the northern portion of the Mamalahoa Bypass.}; and FJC-5. Bill 248 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-264, Schedule 12, by adding Ali`i Drive, Kaleiopapa Street intersection (Kona) as a "stop" location.}; and FJC-l . Hawaii County Council-33 Page 8 April 9, 2008 Bill 249: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24.264, Schedule 12, by adding Ali`i Drive, Lunapule Road intersection (Kona) and Ali`i Drive, Royal Poinciana Drive intersection (Kona) as "stop" locations.};and FJC-2; and Comm. 1019.3: From Deputy Corporation Counsel Ivan M. Torigoe, dated February 28, 2008, transmitting proposed amendments (relating to grammar and Hawaiian diacritical marks). Bill 250: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition) Relating to Vehicles and Traffic {Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 and Section 24-255, Schedule 3, by reducing the speed limit from 30 mph to 25 mph from Honalo Junction for 4,100 feet south.}; and FJC-3; and Comm. 1020.4: From Deputy Corporation Counsel Ivan M. Torigoe, dated February 28, 2008, transmitting proposed amendments (relating to grammar and Hawaiian diacritical marks). Bill 251: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 1Q, Division 2, Section 24-267, Schedule I5, by adding Haleki`i Street (new portion to be dedicated - 4,000 feet), restricted to one way southbound traffic from 3:30 p.m. to 6:30 p.m. Monday through Friday, except holidays.}; and FJC-4; and Comm. 1021.4: From Assistant Corporation Counsel Gerald Takase, dated February 28, 2008, transmitting proposed amendments to Bill 251. Bill 255: 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 - 15,000 Square Feet (RS-15) to Single Family Residential - 10,000 Square Feet (RS-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-4-010:031 (approx. 22,200 square feet). {Arnold H. Hara and Lillian K. Murakami, Applicants.}; and PC-77. Bill 265: Planning Director Initiated: Amends Chapter 25, Article 2, Division 3, Section 25-2-35, Hawaii County Code, 1983 (2005 Edition) Relating to Administrative Enforcement. {Provides for assessment of fines for violations of the Zoning Code during the appeal process.}; and PC-78. Bill 266 Planning Director Initiated: Amends Chapter 2, Article 7, Hawaii County Code (Draft 2): 1983 (2005 Edition, as Amended), Relating to the Planning Commission's Review of a Draft Community Development Plan or Amendments Thereof. {Provides a time frame for the Planning Commission to review and submit its recommendation to the Council on a draft community development plan or any amendment thereof.}; and PC-79. Hawaii County Council-33 Page 9 April 9, 2008 Bill 267: 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 ENVIRONMENTAL MANAGEMENT: Queen Lili`uokalani Village LCC Replacement -County [$900,000] 1 300 000; fund increase shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($400,000). Additional funds would be used to install a portion of the Queen Lili`uokalani Village onsite sewer collection system along Palani Road.}; and FC-263. Bill 268: 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 - Hawaii County Police Department (HCPD) Data Grant ($75,000); appropriates same to HCPD Data Grant.}; and FC-265. Bill 277: 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 ($50,000); appropriates same to North Hilo/I-Iamakua -Other Current Expense (Materials for Loke Street and Kahawai Road in Hamakua). Funds would be used to repair and maintain two roads-in-limbo (Loke Street and Kahawai Road) in the Hamakua District. Appropriates funds that will be transferred by Resolution 575-08 (previously listed on this agenda) from the District 1 Contingency Relief funds.} Bill 278: 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 PUBLIC WORKS: Kino`ole/Kaumana Intersection Improvements ($350,000); funds shall be provided from General Obligation Bonds, Capital Project Fund-Fund Balance, and/or Other Sources. Appropriates funds that will be transferred by Resolution 592-08 (previously listed on this agenda) from the District 2 Contingency Relief funds.} 2:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) AND REPORTS 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 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.}; and Comm. 870.7: From Council Member Brenda J. Ford, dated March 17, 2008, transmitting proposed amendments to Bill 209, Draft 3; and Cumin. 870.9: From Council Member Brenda J. Ford, dated March 27, 2008, transmitting a proposed amendment to Bill 209, Draft 3; and Comm. 870.11: From Council Member Dominic Yagong, dated April 2, 2008, transmitting a proposed amendment to Bill 209, Draft 3. Hawaii County Council-33 Page 10 April 9, 2008 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.} 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 Comm. 1056.3: From Council Chair Pete Hoffmann, dated March 10, 2008, transmitting proposed amendments to Bill 257, Drafr 2. Bill 258 Amends Chapter 2, Article 15, 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.} 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.} Bill 260: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 30, 2008. {Appropriates revenues in State Grants -Homeownership Program ($50,000); appropriates same to Homeownership Program. } 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.} Bill 262: Initiates an Amendment to Article III, 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 Comm. 1067.2: From Council Member Brenda J. Ford, dated March 20, 2008, transmitting proposed amendments to Bill 262. Hawaii County Council-33 Page 11 Apri19, 2008 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.} 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 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.} REPORTS FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended REPORT: February 29, 2008. FC-260 Recommends acceptance of the donation of computer hardware, software, storage (Comm. 1080): media, and a printer (with a total estimated value of $1,343.50), by Mr. Donald R. Dietrich, to the Parks and Recreation Department -Aquatics Division, to be used at the Kona Community Aquatic Center. FC-266 Recommends approval of the nomination of Mr. Wesley Takai (Council District 2) (Comm. 1090): to the Tax Board of Review. PC-80 Recommends approval of the nomination of Ms. Charlene Hart (Council District 6) (Comm. 1091): to the Board of Appeals. Hawaii County Council-33 Page 12 April 9, 2008 REFERRALS FOR EXECUTIVE SESSION 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. 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 April 7, 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. 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. • V ideoconferencing 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. Viewing of Meetings on Government Access Television -Channel 52: Wednesday, April 16, 2008, at 6 p.m.; Sunday, April 20, 2008, at 10:30 a.m.; and Wednesday, April 23, 2008, at 6 p.m. Hawaii County Council-33 Page 13 April 9, 2008 UPCOMING MEETINGS THURSDAY, APRIL ] 0, 2008 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, APRIL 15, 2008 FINANCE COMMITTEE 6:00 p.m. PAHOA NEIGHBORHOOD PUBLIC HEARING RE FACILITY (PAHOA RESOLUTION 551-08 COMMUNITY CENTER) (WASTE-TO-ENERGY 15-2910 Puna Road FACILITY) THURSDAY, APRIL 17, 2008 FINANCE COMMITTEE 6:00 p.m. SHERATON KEAUHOU BAY PUBLIC HEARING RE RESORT AND SPA RESOLUTION 551-08 (W ASTE-TO-ENERGY FACILITY) FRIDAY, APRIL 18, 2008 FINANCE COMMITTEE 6:00 p.m. PAHALA COMMUNITY PUBLIC HEARING RE CENTER RESOLUTION 551-08 96-3159 Maile Street (WASTE-TO-ENERGY FACILITY) MONDAY, APRIL 21, 2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, APRIL 22, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, MAY 6, 2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, MAY 7, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA PETE HOFFMANN M.vu• BRENDA FORD '6 STACY K. HIGA Char & Presiding Officer ,c DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON Lice Chmr ~Y•:. • "r' EMILY NAEOLE °'r"~~ DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 33`~ 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 officials.) Wednesday, April 9, 2008 8:00 a.m. INVOCATION Reverend Bob Thompson of Puna Congregational Christian Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 21, 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 County is an Equal Opportunity Provider and Employer. Hawaii County Council-33 Page 2 April 9, 2008 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS COMMUNICATIONS Comm. 1134: REQUEST TO DISCUSS SETTING A PUBLIC HEARING TO DECREASE CERTAIN REAL PROPERTY TAX RATES PURSUANT TO HAWAII COUNTY CODE SECTION 19-90 From Council Member Dominic Yagong, dated April 2, 2008, proposing a decrease in the following rates: Improved Residential Taxable Building (ranging between $8.10 to $5.10) and Agricultural or Native Forests Taxable Building (ranging between $8.35 to $5.35). Waived: FC Comm. 589.14: UPDATE OF THE ACTIVITIES OF THE LEGISLATIVE LIAISON From Council Chair Pete Hoffmann, dated March 28, 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. 1082: NOMINATION OF MR. STEVEN G. PAVAO (COUNCIL DISTRICT 2) TO THE ENVIRONMENTAL MANAGEMENT COMMISSION From Mayor Harry Kim, dated March 4, 2008, requesting approval of the above nomination. Waived: EMC 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 550-08: Encourages the Cost-Effective Installation of Solar Water Heating Systems and Photovoltaic Energy Systems on County Buildings. {Calls upon the Mayor [o assign qualified administrative personnel to help determine the funding requirements to implement and oversee such installation on County facilities in order to meet the County's energy goals and to report the funding requirements for installation of the solar systems to the Council prior to the submission of the operating budget on March 1, 2009.} Re: Comm. 1060 Intr. by: Mr. Hoffmann Approve: FESC-2 Hawaii County Council-33 Page 3 Apri19, 2008 Res. 553-08: Requests that the County of Hawaii Complete Construction of the Mamalahoa Bypass Highway Over the Richards/Coupe Property. {Encourages construction of the Mamalahoa Bypass Highway and not wait for the appeal process to run its course (Civil Nos. 00-1-0181K and OS-1-Ol5K, County ofHawai'i v. Robert Nigel Richards, et al. and that the Administration consider undertaking the construction of the Richards/Coupe section of the Mamalahoa Bypass Highway and seek reimbursement from Oceanside 1250 for the construction costs.} Re: Comm. 1064 Intr. by: Mr. Higa Approve: FJC-6 Res. 562-08: Creates a Construction Equipment Mechanic Position and Abolishes a Lubrication Worker Position Within the Department of Public Works' Automotive Division. {The new position is needed in the Kohala District to take care of the increase in construction equipment to service in that area, and the abolished position can only perform lubrication work and is no longer needed.} Re: Comm. 1084 Intr. by: Mr. Yagong Approve: FC-261 Res. 563-08: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for aMulti-Year Lease (5 years) of a Copier for the Department of Parks & Recreation. {The Parks and Recreation Department's Coordinated Services for the Elderly's current copier is no longer repairable.} Re: Comm. 1085 Intr. by: Mr. Yagong Approve: FC-262 Res. 564-08: 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 Data Grant for the Hawaii County Police Department. {Funds would be used to establish a statewide traffic data system and to ensure compliance with national standards.} Re: Comm. 1087 Intr. by: Mr. Yagong Approve: FC-264 Hawaii County Council-33 Page 4 April 9, 2008 Res. 574-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Agriculture Research and Development Other Current Expense (12` Annual Taste of Puna). Contingency Relief funds from District 3 would be used to cosponsor the 12`" Annual Taste of Puna to be held on June 21, 2008.} Re: Comm. 1108 Intr. by: Mr. Yoshimoto Waived: FC Res. 575-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $50,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Transfer to Highway Fund (Roads-in-Limbo - Hamakua). Contingency Relief funds from District 1 would be used to address roads-in-limbo, specifically Loke Street and Kahawai Road in the Hamakua District.} Re: Comm. 1109 Intr. by: Mr. Yagong Waived: FC Res. 576-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,900 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Elderly Activities Division Recreation Equipment (Miscellaneous Equipment). Contingency Relief funds from District 2 would be used towards the purchase of miscellaneous equipment which will be used at various senior center sites, and for various East Hawaii senior activities and events.} Re: Comm. 1 ] 10 Intr. by: Mr. Ikeda Waived: FC Res. 577-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion Miscellaneous Contract Services (Malama Punalu`u Festival). Contingency Relief funds from District 6 would be used towards the Malama Punalu`u Festival.} Re: Comm.llll Intr. by: Mr. Jacobson Waived: FC Hawaii County Council-33 Page 5 April 9, 2008 Res. 579-08: 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 Office of the Prosecuting Attorney Kona Prosecuting Attorney Other Current Expense (Big Island Substance Abuse Council (BISAC)- Adult and Adolescent Outpatient Treatment Services and Therapeutic Living Program Services). Contingency Relief funds from District 7 would be used for BISAC's program, "Adult and Adolescent Outpatient Services and Therapeutic Living Program Services".} Re: Comm. 11 ] 5 Intr. by: Ms. Ford Waived: FC Res. 580-08: 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 Prosecuting Attorney Kona Prosecuting Attorney Other Current Expense (Big Island Substance Abuse Council (BISAC)- Baby Substance Abuse Free Environment (S.A.F.E.)). Contingency Relief funds from District 7 would be used for BISAC's Baby S.A.F.E. program.} Re: Comm. 1116 Intr. by: Ms. Ford Waived: FC Res. 581-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Agriculture Research and Development Other Current Expense, Miscellaneous Contract Services (Taste of Puna-Cook Off). Contingency Relief funds from District 6 would be used to support the Taste of Puna -Cook Of£} Re: Comm. 1117 Intr. by: Mr. Jacobson Waived: FC Res. 584-08: 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 Reseazch and Development Tourism Promotion, Miscellaneous Contract Services (2008 Hui Okinawa Haari Boat Race). Contingency Relief funds from District 2 would be used towards costs related to the 2008 Hui Okinawa Haari Boat Race.} Re: Comm. ] 123 Intr. by: Mr. Ikeda Waived: FC Hawaii County Council-33 Page 6 April 9, 2008 Res.585-08: 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 (Office for Social Ministry (OSM)-Hawaii Island Mobile Care Health Project). Contingency Relief funds from District 7 would be used for the Mobile Care Health Project.} Re: Comm. 1124 Intr. by: Ms. Ford Waived: FC Res. 586-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Housing and Community Development Transfer to Housing Fund (Office for Social Ministry (OSM)-Hawaii Island Mobile Care Health Project). Contingency Relief funds from District 1 would be used for the OSM's Mobile Care Health Project dental care services in the Hamakua District. } Re: Comm. 1125 Intr. by: Mr. Yagong Waived: FC Res. 587-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Housing and Community Development Transfer to Housing Fund (Office of Social Ministry (OSM)-Hawaii Island Mobile Care Health Project). Contingency Relief funds from District 9 would be used for the OSM's Mobile Care Health Project dental care services.} Re: Comm. 1126 Intr. by: Mr. Hoffmann Waived: FC Res.588-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion (Waikoloa Dry Forest Recovery Project). Contingency Relief funds from District 9 would be used towards public outreach programs focused on community and tourist educational programs on rare flora and environmental protection. } Re: Comm. 1127 Intr. by: Mr. Hoffmann Waived: FC Hawaii County Council-33 Page 7 April 9, 2008 Res. 589-08: Supports the Vazious Efforts of the House of Representatives to Present Solutions for Our State's Health-Care Crisis. {Lobbies for the passage of State legislation to help alleviate the healthcare crisis, including but not limited to legislation aimed at medical tort liability reform.} Re: Comm. 1128 Intr. by: Mr. Hoffmann Waived: HSEDC Res. 590-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,600 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Equipment, Computer Equipment and Softwaze (Yano Hall Computer). Contingency Relief funds from District 7 would be used towards the purchase of a computer and printer for Yano Hall.} Re: Comm. 1129 Intr. by: Ms. Ford Waived: FC Res. 591-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $36,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Transfer to Capital Project Fund-General (West Hawaii Traffic Calming Improvements). Contingency Relief funds from District 7 would be used to construct speed humps to resolve safety issues on La`aloa Avenue.} Re: Comm. 1130 Intr. by: Ms. Ford Waived: FC Res. 592-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $150,000 out and from Clerk-Council Services- Contingency Relief account; credits same to Department of Public Works Transfer to Capital Project Fund-General (to be allotted to Kino`ole/Kamana Improvements). Contingency Relief funds from District 2 would be used towazds the Kino`ole Street/Kamana Street Improvements project (improvements include, but are not limited to, streetlights, smart signs, traffic calming devices, traffic control mechanisms, guardrails, and other necessary and appropriate improvements).} Re: Comm. 1131 Intr. by: Mr. Ikeda Waived: FC Hawaii County Council-33 Page 8 April 9, 2008 10:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIItST READING) Bill 235 Planning Director Initiated: Amends Ordinance No. 96-7 by Amending the Portion (Draft 2): of Condition M.4 Relating to the Construction of a Barricade or Breakaway Gate to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Prior to the Opening of the Entire Mamalahoa Bypass. Ordinance No. 96-7 Reclassified Lands from Unplanned (U) to Agricultural 1-Acre (A-la) at Honuaino 3`d and 4`", Hokukano ls' and 2nd, Haleki`i, Keekee ls' and 2"d, Ilikahi, Kanakau ]s' and 2"d, Kalukalu ]s' 2"d and 3`d, and Onouli 1~`, North and South Kona, Hawaii, Covered by Tax Map Key:7-9-12:4 & 11; 8-1-4:3, 7, 65 & 68; 8-1-27:16, 2Q 21, 27-43; 8-1-28:9, 10, 19-28, 30, 44-47; 8-1-30:1-3, 5-9, 12-53; 8-1-32:1-54; 8-1-33:1-20; 8-1-34:1-25 (formerly 7-9-12: Portion of 3, 4 & 11 and 8-1-4: Portion of 3), and Included a Condition M.4 Stating that a Barricade or Breakaway Gate Meeting with the Requirements of the Department of Public Works, Shall be Installed by the Applicant as Part of the Required Haleki`i Street Improvements, the Purpose of this Condition Being to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Between the Existing Mamalahoa Highway and a Portion of the Mamalahoa Highway Bypass Until the Entire Proposed Mamalahoa Highway Bypass Between the Approximate Vicinity of Keauhou and Captain Cook has been Completed and Opened for General Public Use. Re: Comm. 997.8 Intr. by: Ms. Ford Approve: FJC-7 ;and Comm. 997.7: From Planning Director Christopher J. Yuen, dated March 10, 2008, providing comment on amendments to Bills 235 and 236 that the Council is considering; and Comm. 997.10: From Council Member Brenda J. Ford, dated March 24, 2008, transmitting proposed amendments to Bill 235, Draft 2; and Comm. 997.12: From Public Works Director Bruce C. McClure, P. E., dated March 28, 2008, providing comments to major issues that they have concerns about relating to Bill 235, Draft 2 (and subsequent Bill 236, Draft 2); and Comm. 997.13: From Mayor Harry Kim, dated March 27, 2008, transmitting proposed amendments to Bill 235, Draft 2 (attaches a proposed "Draft 3"). Hawaii County Council-33 Page 9 April 9, 2008 Bill 236 Planning Director Initiated: Amends Ordinance No. 96-8 by Amending the Portion (Draft 2): of Condition L.4 Relating to the Construction of a Barricade or Breakaway Gate to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Prior to the Opening of the Entire Mamalahoa Bypass. Ordinance No. 96-8 Reclassified Lands from Agricultural 5-Acre (A-Sa) and Unplanned (U) to Agricultural I-Acre (A-la) at Honuaino 3'a and 4'h, Hokukano ls' and 2"a, Kanaueue ls' and 2"a, Haleki`i, Keekee 1~' and 2"a, ?ikahi, Kanakau ]s' and 2"a, Kalukalu ]s' 2"a and 3'a, and Onouli ]s', North and South Kona, Hawaii, Covered by Tax Map Key:7-9-12:4, 6, 9, 29; 8-1- 4: 3, 56, 59-62, 64, 70; 8-1-26:1-3, 5-9, 11-57; 8-1-27:1-15, 17-26, 33-38, 43; 8-1- 28:1-3, 7-18, 28-38, 40-43; 8-1-29:1, 2, 4, 6-46, 53-59, 62, 63; 8-1-30:1-9, 49, 51 (formerly 7-9-6: Portion of 1, 7-9-12: Portions of 3 and 4 and 8-1-4: Portion of 3), and Included a Condition L.4 Stating that a Barricade or Breakaway Gate Meeting with the Requirements of the Department of Public Works, Shall be Installed by the Applicant as Part of the Required Haleki`i Street Improvements, the Purpose of this Condition Being to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Between the Existing Mamalahoa Highway and a Portion of the Mamalahoa Highway Bypass Until the Entire Proposed Mamalahoa Highway Bypass Between the Approximate Vicinity of Keauhou and Captain Cook has been Completed and Opened for General Public Use. Re: Comm. 997.9 Intr. by: Ms. Ford Approve: FJC-8 ;and Comm. 997.1 1: From Council Member Brenda J. Ford, dated March 25, 2008, transmitting proposed amendments to Bill 236, Draft 2; and Comm. 997.12: From Public Works Director Bruce C. McClure, P. E., dated March 28, 2008, providing comments to major issues that they have concerns about relating to Bill 236, Draft 2 (and previous Bill 235, Draft 2); and Comm. 997.14: From Mayor Harry Kim, dated March 27, 2008, transmitting proposed amendments to Bil] 236, Draft 2 (attaches a proposed "Draft 3"). Bill 240: 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: Mamalahoa Bypass Mitigation Measures ($500,000); funds shall be provided from Fair Share Contributions (Fund Balance -Designated). Funds would be used to construct traffic calming improvements on Ali`i Drive and Haleki`i Street to mitigate the anticipated increase in vehicle traffic caused by the opening of the northern portion of the Mamalahoa Bypass.} Re: Comm. 1007 Intr. by: Mr. Yagong Approve: FJC-5 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-33 Page 10 April 9, 2008 Bill 248 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-264, Schedule 12, by adding Ali`i Drive, Kaleiopapa Street intersection (Kona) as a "stop" location.} Re: Comm. 1018.10 Intr. by: Ms. Ford Approve: FJC-1 Bill 249: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24.264, Schedule 12, by adding Ali`i Drive, Lunapule Road intersection (Kona) and Ali`i Drive, Royal Poinciana Drive intersection (Kona) as "stop" locations.} Re: Comm. 1019 Intr. by: Ms. Ford (B/R) Approve: FJC-2 ;and Comm. 1019.3: From Deputy Corporation Counsel Ivan M. Torigoe, dated February 28, 2008, transmitting proposed amendments (relating to grammar and Hawaiian diacritical marks). Bill 250: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition) Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 and Section 24-255, Schedule 3, by reducing the speed limit from 30 mph to 25 mph from Honalo Junction for 4, ] 00 feet south.} Re: Comm. 1020 Intr. by: Ms. Ford (B/R) Approve: FJC-3 ;and Comm. 1020.4: From Deputy Corporation Counsel [van M. Torigoe, dated February 28, 2008, transmitting proposed amendments (relating to grammar and Hawaiian diacritical marks). Bill 251: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-267, Schedule 15, by adding Haleki`i Street (new portion to be dedicated - 4,000 feet), restricted to one way southbound traffic from 3:30 p.m. to 6:30 p.m. Monday through Friday, except holidays.} Re: Comm. 1021 Intr. by: Ms. Ford (B/R) Approve: FJC-4 Comin. 1021.4: From Assistant Corporation Counsel Gerald Takase, dated February 28, 2008, transmitting proposed amendments to Bill 251. Hawaii County Council-33 Page I 1 April 9, 2008 Bill 255: 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 - 15,000 Square Feet (RS-15) to Single Family Residential - 10,000 Square Feet (RS-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-4-010:031 (approx. 22,200 square feet). {Arnold H. Hara and Lillian K. Murakami, Applicants.} Re: Comm. 1042 Intr. by: Mr. Pilago Approve: PC-77 Bill 265: Planning Director Initiated: Amends Chapter 25, Article 2, Division 3, Section 25-2-35, Hawaii County Code, 1983 (2005 Edition) Relating to Administrative Enforcement. {Provides for assessment of fines for violations of the Zoning Code during the appeal process.} Re: Comm. 1077 Intr. by: Mr. Pilago Approve: PC-78 Bill 266 Planning Director Initiated: Amends Chapter 2, Article 7, Hawaii County Code (Draft 2): 1983 (2005 Edition, as Amended), Relating to the Planning Commission's Review of a Draft Community Development Plan or Amendments Thereof. {Provides a time frame for the Planning Commission to review and submit its recommendation to the Council on a draft community development plan or any amendment thereof.} Re: Comm. 1078.2 Intr. by: Mr. Pilago Approve: PC-79 Bill 267: 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 ENVIRONMENTAL MANAGEMENT: Queen Lili`uokalani Village LCC Replacement -County [$900,000] 1 300 000; fund increase shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($400,000). Additional funds would be used to install a portion of the Queen Lili`uokalani Village onsite sewer collection system along Palani Road.} Re: Comm. 1086 Intr. by: Mr. Yagong Approve: FC-263 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-33 Page 12 April 9, 2008 Bill 268: 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 - Hawaii County Police Department (HCPD) Data Grant ($75,000); appropriates same to HCPD Data Grant.} Re: Comm. 1087 Intr. by: Mr. Yagong Approve: FC-265 Bill 277: 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 ($50,000); appropriates same to North Hilo/Hamakua -Other Current Expense (Materials for Loke Street and Kahawai Road in Hamakua). Funds would be used to repair and maintain two roads-in-limbo (Loke Street and Kahawai Road) in the Hamakua District. Appropriates funds that will be transferred by Resolution 575-08 (previously listed on this agenda) from the District I Contingency Relief funds.} Re: Comm. 1122 Intr. by: Mr. Yagong Waived: FC Bill 278: 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 PUBLIC WORKS: Kino`ole/Kaumana Intersection Improvements ($350,000); funds shall be provided from General Obligation Bonds, Capital Project Fund-Fund Balance, and/or Other Sources. Appropriates funds that will be transferred by Resolution 592-08 (previously listed on this agenda) from the District 2 Contingency Relief funds.} Re: Comm. 1131 Intr. by: Mr. Ikeda Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter 2:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) AND REPORTS Hawaii County Council-33 Page 13 April 9, 2008 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 209 Amends Chapter 2, Article 15, of the Hawaii County Code ]983 (2005 Edition, as (Drafr 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 1 s' Reading: February 6, 2008 Held Over Pursuant to Council Rule 25(e): February 21, 2008 Postponed: March 12 and 25, 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); and a pending motion by Ms. Ford and duly seconded by Mr. Jacobson to amend Bi11209, Draft 3, with Communication 870.7. ;and Coinm. 870.7: From Council Member Brenda J. Ford, dated March 17, 2008, transmitting proposed amendments to Bill 209, Draft 3; and Comm. 870.9: From Council Member Brenda J. Ford, dated March 27, 2008, transmitting a proposed amendment to Bill 209, Drafr 3; and Comm. 870.11: From Council Member Dominic Yagong, dated April 2, 2008, transmitting a proposed amendment to Bill 209, Drafr 3. 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 ls' Reading: March 25, 2008 Hawaii County Council-33 Page 14 April 9, 2008 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.} Re: Comm. 1056.5 Intr. by: Ms. Ford 1 s' Reading: March 25, 2008 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter ;and Comm. 1056.3: From Council Chair Pete Hoffmann, dated March 10, 2008, transmitting proposed amendments to Bill 257, Drafr 2. Bill 258 Amends Chapter 2, Article ] 5, of the 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 ls' Reading: March 25, 2008 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) 1 s' Reading: 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 ls' Reading: March 25, 2008 Hawaii County Council-33 Page 15 April 9, 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.} Re: Comm. 1066 Intr. by: Mr. Yagong l~' Reading: March 25, 2008 Bill 262: Initiates an Amendment to Article III, 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 ls` Reading: March 25, 2008 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter ;and Comm. 1067.2: From Council Member Brenda J. Ford, dated March 20, 2008, transmitting proposed amendments to Bill 262. Bill 263: Amends Article Xlll, 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 ls' Reading: March 25, 2008 2/3 Vote: Second of three required readings, Section 15-1(a),Hawai`i County Charter 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 1 s' Reading: March 25, 2008 Hawaii County Council-33 Page 16 April 9, 2008 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 ls' Reading: March 25, 2008 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 ls' Reading: March 25, 2008 2/3 Vote: Section 10-6(d), Hawai`i County Charter REPORTS FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended REPORT: February 29, 2008. FC-260 Recommends acceptance of the donation of computer hardwaze, software, storage (Comm. 1080): media, and a printer (with a total estimated value of $1,343.50), by Mc Donald R. Dietrich, to the Parks and Recreation Department -Aquatics Division, to be used at the Kona Community Aquatic Center. FC-266 Recommends approval of the nomination of Mr. Wesley Takai (Council District 2) (Comm. 1090): to the Tax Board of Review. PC-80 Recommends approval of the nomination of Ms. Chazlene Hart (Council District 6) (Comm. 1091): to the Board of Appeals. REFERRALS FOR EXECUTIVE SESSION 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. Hawaii County Council-33 Page 17 April 9, 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 April 7, 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 httn://co.hawaii.hi.us/council/aeendas 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. V ideoconferencine 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. • V ideoconferencing 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. Submittine Testimony: Those wishing to testify in person must register with the County Clerk's staff. Those submitting written testimony at the meeting should bring seventeen (17) copies for distribution. Testimony may also be submitted (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni St., Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony~co.hawaii.hi.us. Please submit separate testimony for each item. For testimony received via a-mail or fax, copies will be distributed at the meeting when transmitted in a timely manner. All oral and written testimony will be made a part of the public record. Viewing of Meetings on Government Access Television -Channel 52: Wednesday, April 16, 2008, at 6 p.m.; Sunday, April 20, 2008, at 10:30 a.m.; and Wednesday, April 23, 2008, at 6 p.m. Hawaii County Council-33 Page 18 April 9, 2008 UPCOMING MEETINGS THURSDAY, APRIL 10, 2008 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM - H[LO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, APRIL 15, 2008 FINANCE COMMITTEE 6:00 p.m. PAHOA NEIGHBORHOOD PUBLIC HEARING RE FACILITY (PAHOA RESOLUTION 551-08 COMMUNITY CENTER) (WASTE-TO-ENERGY 15-2910 Puna Road FACILITY) THURSDAY, APRIL 17, 2008 FINANCE COMMITTEE 6:00 p.m. SHERATON KEAUHOU BAY PUBLIC HEARING RE RESORT AND SPA RESOLUTION 551-08 (WASTE-TO-ENERGY FACILITY) FRIDAY. APRIL 18, 2008 FINANCE COMMITTEE 6:00 p.m. PAHALA COMMUNITY PUBLIC HEARING RE CENTER RESOLUTION 551-08 96-3159 Maile Street (W ASTE-TO-ENERGY FACILITY) MONDAY, APRIL 21, 2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, APRIL 22, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, MAY 6, 2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, MAY 7, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA