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HomeMy WebLinkAboutAGE COUNCIL 04/06/2005 2004-2006 GARY SAFARIK ~2~ JAMES Y. ARAKAKI Chnirmnn & Presiding Officer ~-V` STACY K. HIGH PETE HOFFMANN BOB JACOBSON FRED C. HOLSCHUH, M.D. Vire Chnirmnn DONALD IKEDA a VIRGINIA ISBELL K. ANGEL PILAGO COUNTY COUNCIL County of Hawai `i Hawaii County Building 25 Aupuni Street Hiln, Hnwai `i 96720 9"' Session ORDER OF BUSINESS r ~O Hawaii County Council Hilo, Hawaii Wednesday, April 6, 2005 9:00 a.m. INVOCATION Pastor Paul McIlroy of Kea`au Bible Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 16, 2005 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council-9 Page 2 April 6, 2005 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON COMMS. 151, 151.1, 164, AND 164.1: Comm. 151: NOMINATES MR. DAVID A. DRURY (COUNCIL DISTRICT 4) TO THE WATER BOARD From Mayor Harry Kim, dated March 3, 2005, transmitting for Council's consideration and approval the above nomination; Waived: PC and Comm. 151.1: From Planning Committee Co-Chairs Pete Hoffmann and K. Angel Pilago, dated March 28, 2005. Comm. 164: NOMINATES THE FOLLOWING INDIVIDUALS TO THE BOARD OF ETHICS: MR KARL K. KAWAHARA (COUNCIL DISTRICT 4) AND MR WAYNE JOSEPH (COUNCIL DISTRICT 51 From Mayor Harry Kim, dated March 10, 2005, transmitting for Council's consideration and approval the above nominations; Waived: FC and Comm. 164.1: From Corporation Counsel Lincoln S. T. Ashida, dated March 15, 2005. Comm. 195: NOMINATES A MEMBER AND ALTERNATE TO THE HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTNE COMMITTEE FOR FISCAL YEAR 2005-2006. From HSAC Vice President Gary S. Safarik, dated March 23, 2005, recommending K. Angel Pilago to serve as HSAC's representative and that he will continue to serve as its alternate. Waived: PWIRC Comm. 196: NOMINATES AN ALTERNATE MEMBER TO THE HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) SPECIAL COMMITTEE ON SOLID WASTE MANAGEMENT From Council Chair Gary Safarik, dated March 24, 2005, recommending K. Angel Pilago to serve as HSAC's alternate to this Committee. Waived: PWIRC Hawaii County Council-9 Page 3 April 6, 2005 STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 41-05: Extinguishes Utility Easement for the Mt. View-`Ola`a Water System. {The Department of Water Supply no longer requires the use of the easement due to the relocation of the pipes that services the system.} Re: Comm. 93 Intr. by: Mr. Ikeda Approve: PWIRC-3 Res. 54-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $9,694.50 out and from Clerk-Council Services - Contingency Relief account; credits same to Transfer to Improvement District 18-Kona Wonderview/Coastview account. Funds would absorb the cost of a miscalculation when three condominium units were counted on a lot where only two such units existed.} Re: Comm. 128 Intr. by: Mr. Pilago Approve: FC-52 Res. 55-05: Requests a Study of the Feasibility of a Waikoloa Curbside Recycling and Trash Pick-Up Program. {Feasibility analysis would include an implementation plan and establishment of a scope of services (to begin by October 5, 2005); assessment of the cost and effectiveness of voluntary and mandatory participation; separation of the types of recyclable refuse from other types and other refuse; and the role by private business in implementing the pilot program to collect, store, sell, or transport recyclable refuse. } Re: Comm. 133 Intr. by: Mr. Hoffmann Approve: EMC-6 Hawaii County Council-9 Page 4 April 6, 2005 Res. 56-05: Authorizes the Payment of Funds of a Later Fiscal Year or of More Than One Fiscal Year for aMulti-Year Lease (four years) of Real Property. {Renewing the lease will allow the Department of Parks and Recreation's Kona Elderly Activities office to continue to stay at its current location for a cost of $4,000/month.} Re: Comm. 137 Intr. by: Ms. Isbell Approve: FG54 Res. 58-05: Creates an Architectural Drafting Technician I Position for the Department of Parks and Recreation. {This position will enable the Department to accomplish much of the necessary drafting services that is needed and to maintain a current data set of site plans and floor plans of its sites and facilities. } Re: Comm.l46 Intr. by: Ms. Isbell Approve: FC-58 Res. 59-05: Reallocates and Changes the Time Element of a Recreation Technician II (3/4T) Position to Recreation Technician III Full Time. {Reallocating and increasing the time element will allow more recreational activities to be offered during the evenings and weekends at the Kailua Park Complex.} Re: Comm. 147 Intr. by: Ms. Isbell Approve: FC-59 Res. 60-05: Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the Assistance to Firefighters Grant for the Hawaii County Fire Department. {Funds would be used to purchase a Mobile Live Fire Training Unit to be utilized in basic firefighter training for both department personnel and volunteer firefighters.} Re: Comm. 158 Intr. by: Ms. Isbell Approved: FG64 Hawaii County Council-9 Page 5 April 6, 2005 Res. 62-05: Authorizes the Mayor or His Duly Authorized Representative to Negotiate, Execute and Submit the Necessary Documents for the Reed's Bay Restoration Project Special Purpose Grant Application ($248,525) and Other Related Documents to the U.S. Department of Housing and Urban Development. Re: Comm. 169 Intr. by: Mr. Hoffmann Approve: CHA -March 15, 2005 Res. 63-05: Authorizes the Mayor or His Duly Authorized Representative to Negotiate, Execute and Submit the Necessary Documents for the Kona Homeless Shelter Project Special Purpose Grant Application ($670,613) and Other Related Documents to the U.S. Department of Housing and Urban Development. Re: Comm. 170 Intr. by: Mr. Hoffmann Approve: CHA -March 15, 2005 Res. 72-05: Authorizes the Mayor to Enter Into an Agreement with C. Brewer and Company, Limited, a Hawaii Corporation, for the Acceptance of Three Hundred and Fifty Thousand Dollars ($350,000) and the Donation of Land Identified by TMK: (3)9-6-002-024 in Pahala, and TMK: (3) 9-5-024-011 in Na`alehu for the Creation of New Community Sewer Systems for Pahala and Na`alehu, District of Ka`u, County of Hawaii. Re: Comm. 198 Intr. by: Mr. Jacobson Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bil] 47: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds PARKS AND RECREATION: Waikoloa - Ho`oko Street Park ($200,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($200,000). Additional funds to enable power to be supplied to the park to provide both functional and security lighting for the new pavilion, restrooms and parking lot that were in the original contracted scope of work.} Re: Comm.l43 Intr. by: Ms. Isbell Approve: FC-55 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-9 Page 6 April 6, 2005 Bill 48: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds ENVIRONMENTAL MANAGEMENT: Queen Lili`uokalani Large Capacity Cesspool Replacement ($500,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($500,000). Increases the existing project's appropriation for the design in order to connect the Queen Lili`uokalani subdivision, which is currently serviced by large capacity cesspools, to the County sewer system via Kealaka`a Street and Kealakehe Parkway.} Re: Comm. 144 Intr. by: Ms. Isbell Approve: FC-56 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 49: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds ENVIRONMENTAL MANAGEMENT: Honokohau Harbor Effluent Reuse -County ($400,000) and Honokohau Harbor Effluent Reuse -State Revolving Funds ($2,600,000); funds to be provided from General Obligation Bonds ($400,000) and State Revolving Funds ($2,600,000). Funds to be used to install an effluent reuse line from the Honokohau Harbor to Henry Street in conjunction with the State Department of Transportation's Queen Ka`ahumanu Widening Project.} Re: Comm. 145 Intr. by: Ms. Isbell (B/R) Approve: FC-57 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 50: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Transfer from General Fund ($12,500); appropriates same to North and South Kohala Road Other Current Expense (Ho`oko Road Sidewalk Improvement). On February 28, 2005, the Finance Committee amended Bill 40 to appropriate these funds for this project.} Re: Comm. 148 Intr. by: Ms. Isbell Approve: FC-60 Hawaii County Council-9 Page 7 April 6, 2005 Bill 51: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Transfer from General Fund ($50,000); appropriates same to Recycling Program (Waikoloa Village Curbside Recycling Program Study). On February 28, 2005, the Finance Committee amended Bill 40 to appropriate these funds for this project.} Re: Comm.l49 Intr. by: Ms. Isbell Approve: FC-61 Bill 52: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Fund Balance Reserved for Liquor Control ($23,450); appropriates to Liquor Control -Other Current Expense ($2,000), Liquor Control Equipment ($16,450), and Public Programs ($5,000), for a total of $23,450. Funds would be used to purchase a sound level meter and an LD. digital camera system; to contract with a vendor to install a fiber optic connection to the County's Local Area Network; and to conduct programs to promote compliance to liquor laws.} Re: Comm. 155 Intr. by: Ms. Isbell Approve: FC-62 Bill 53 Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements (Draft 2): and Financing Thereof for the Fiscal Year July 1, 2004, to June 30, 2005. {Adds PARKS AND RECREATION: Coastal Land Acquisition at Honu`apo ($500,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($500,000). This will allow the County to help preserve coastal open space, enhance public access to recreational areas, and provide for continued cultural practices.}; Re: Comm. 156.1 Intr. by: Mr. Jacobson Approve: FC-63 2/3 Vote: Section 10-6(d), Hawai`i County Charter anct Comm. 156.2: From Roy and Ola Kochis, dated March 25, 2005; and Comm. 156.3: From Denise Kocek, dated March 26, 2005. Hawaii County Council-9 Page 8 April 6, 2005 Bill 54: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), Relating to Vehicles and Traffic. {Adds permanent "No Parking" signs to the four temporary loading zones along Ali`i Drive and starts a new 90-day period, which will end on June 15, 2005.}; Re: Comm. 157 Intr. by: Mr. Ikeda Approve: PWIRC-4 and Comm. 157.1: From Public Works Director Bruce C. McClure, P.E., dated March 17, 2005; and Comm. 157.2: From Public Works Director Bruce C. McClure, P.E., dated March 22, 2005. Bill 55: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 3Q 2005. {Appropriates revenues in Federal Grants -Assistance to Firefighters ($301,000); appropriates same to Assistance to Firefighters. } Re: Comm. 158 Intr. by: Ms. Isbell Approve: FG65 Bill 58: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 3Q 2005. {Increases revenues in Federal Grant -Special Purpose Grant Kona Homeless Shelter ($670,613) and Federal Grant- Special Purpose Grant Reed's Bay Restoration ($248,525), for a total of $919,138; appropriates to Kona Homeless Shelter ($670,613) and Reed's Bay Restoration ($248,525), for a total of $919,138.} Re: Comm.l68 Intr. by: Mr. Hoffmann Approve: CHA -March 15, 2005 Bill 72: Amends Chapter 3, Article 2 of the Hawaii County Code, Relating to Advertising and Signs. {Corrects inadvertent drafting errors found in Ordinance 04-142, which repealed the old Article 1 and added a new Article I. While the County Council also intended to enact a new Article 2, relating to Kailua Village Signs, the ordinance failed to include a provision repealing the then-existing Article 2. Therefore, to avoid any ambiguity, this measure repeals Sections 3-51 through 3-78 of the older Article 2 as well as Sections 3-49 through 3-62 of the recently adopted Article 2. It then re-enacts the provisions of the new Article 2 that the 2004 Council intended to enact (Sections 3-49 through 3-62). This measure does not affect Article 1, which was correctly drafted and adopted. } Re: Comm. 191 Intr. by: Mr. Ikeda Waived: PWIRC Hawaii County Council-9 Page 9 April 6, 2005 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 36: Names a County Recreational Facility (TMK: (3) 1-5-63:01) Pursuant to Chapter 15, Hawaii County Code 1983 (1995 Edition). {Names a County parcel located in the Hawaiian Beaches area of Puna at the end of Kahakai Boulevard "Kahakai Park". } Re: Comm. 115 Intr. by: Mr. Safarik 1"Reading: March 16, 2005 Bi1137: Amends Chapter 2, Article 15, Subsection 2-91.1(d), Hawaii County Code 1983 (1995 Edition) Relating [o Financial Disclosure Forms. {Eliminates the requirement for a short form Financial Disclosure Form.} Re: Comm. 116 Intr. by: Ms. Isbell ls' Reading: March 16, 2005 Bill 38: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds PUBLIC WCIRKS: Hilo Bay Modeling ($250,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($2 SQ,000). Project involves the development of a computer model of Hilo Bay that can be used to investigate the viability and effectiveness of modifications to [he Hilo Breakwater or other alternatives that will improve the water quality and circulation of Hilo Bay as well as evaluate impacts of the alternatives to Hilo Bay's shipping lines, port operations, shoreline beaches and Bayfront Highway.} Re: Comm. 119 Intr. by: Ms. Isbell 1" Reading: March 16, 2005 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 39 Amends Ordinance No. 99-41 of the County of Hawaii Adopted on April 12, (Draft 3): 1999, as Amended by Ordinance No. 00-56 Adopted on May 17, 2000, as Amended by Ordinance No. 04-61 Adopted on May 27, 2004, Relating to the Issuance of Genera] Obligation Bonds for the Purpose of Financing Various Public Improvements for the County of Hawaii. {Bond Ordinance No. 99-41 restricted the use of bond proceeds to specific projects and amounts noted within the text of the ordinance. The projects identified for funding did not always match with actual projects that were ready to go forward resulting in some bond proceeds, which should have been spent within three years, still remaining unspent. Presently, the County has CIP projects, which are in progress or ready to start, but are lacking funds. Recommends allowing use of the remaining funds for any appropriated projects, without the restriction of having to be listed within the ordinance, in order to expedite the completion of current projects and the use of band money. Draft 3 corrects a typographical error to include the word "and" on Page 3. } Re: Comm. 120.2 Intr. by: Ms. Isbell 1" Reading: March 16, 2005 Hawaii County Council-9 Page 10 Apri] 6, 2005 Bill 40 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County (Draft 4): of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Fund Balance From Previous Year ($1,767,250); appropriates to the following: Clerk- Council Services -Other Current Expense ($42,000), Finance Administration - Other Current Expense ($200,000), Accounts Division -Salaries and Wages ($18,000), Treasury Division -Other Current Expense ($46,750), Planning - Salaries and Wages ($12,000), Civil Service- Salaries and Wages ($32,000), Research and Development-- Hawaii County Resource Center ($40,000), Automotive Division -Other Cun-ent Expense ($300,000), Fire Protection -Other Current Expense ($40,000), Parks Administration -Salaries and Wages ($9,000), Parks Maintenance -Equipment ($30,000), Parks Pana`ewa Zoo Other Cuttent Espense ($25,000), Transfer to Sewer Fund ($20,000), Transfer to Capital Projects Fund ($545,000), Employee Health Plans ($300,000), Solid Waste Fund ($50,000), Transfer to Highway Fund ($57,500), for a total of $1,767,250. Administration met with Members of the Council to inform them of needed priorities and to gather input on remaining allotment of the fund balance. Draft 4 amendments are as follows: 1) R&D-Hawaii County Resource Center for Districts 3 and 4 for $1.0,000 and $30,000, respectively; 2) P&R-Pana`ewa Zoo Other Current Expense fora Monkey Display; 3) Transfer to Sewer Fund for the design and contract for a community septic system for 9-1/2 mile camp (030.631.5631.02.115); 4) Transfer to Highway Fund for streetlights (020.281.5281.32.1 IS) in Districts 3 and 4 for $20,000 and $25,000, respectively; and 5) Transfer to Capital Projects Fund, which purpose was revised by appropriating $75,000 to Laupahoehoe Boat Ramp Repairs (110.599.5593.90), $20,000 to the Lincoln Park Improvements and reducing the appropriation to repairs and renovation of the County Building to $450,000.}; Re: Comm. 121.7 Intr. by: Ms. Isbell (B/R) ls` Reading: March 16, 2005 and Comm. 121.8: From Finance Committee Chair Virginia Isbell, dated March 28, 2005, transmitting Bi1140, Draft 5. Draft 5 amendments are as follows: 1) Legislative Contingency Relief, transfers $75,000 for Districts 2, 5, 6, 7, 8, and 9; and 2) Transfer to Capital Projects Fund, which purpose is revised by eliminating the appropriation to repairs and renovation of the County Building. The proposal to move these monies into Contingency Relief is being made in anticipation of anticipated transfers for Council designated projects; and (Bi1140, Drafi 5, continues on the next page.) Hawaii County Council-9 Page 11 April 6, 2005 Bi1140 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County (Draft 5): of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Fund Balance From Previous Year ($1,767,250); appropriates to the following: Clerk- Council Services -Other Current Expense ($42,000), Legislative -Contingency Relief ($450,000), Finance Administration -Other Current Expense ($200,000), Accounts Division -Salaries and Wages ($18,000), Treasury Division -Other Current Expense ($46,750), Planning- Salaries and Wages ($12,000), Civil Service- Salaries and Wages ($32,000), Research and Development -Hawaii County Resource Center ($40,000), Automotive Division -Other Current Expense ($300,000), Fire Protection -Other Current Expense ($40,000), Parks Administration-Salaries and Wages ($9,000), Parks Maintenance-Equipment ($30,000), Parks Pana`ewa Zoo -Other Current Expense ($25,000), Transfer to Sewer Fund ($20,000), Transfer to Capital Projects Fund ($95,000), Employee Health Plans ($300,000), Solid Waste Fund ($50,000), Transfer to Highway Fund ($57,000), for a total of $1,767,250. Intr. by: Ms. Isbell (B/R) Bill 41: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds PIJBLIC WORKS: Encapsulated Asbestos Removal and Air Conditioning Upgrade at County Building ($1,500,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,500,000). Funds would be used to remove encapsulated asbestos from existing roof trusses as well as asbestos that migrated from the roof trusses to the first floor ceiling space of the County Building; replace all air conditioning air handler units with new energy efficient units along with the cleaning and insulating of existing air conditioning duct work; and replace existing ceiling tiles with new ones.} Re: Comm. 122 Intr. by: Ms. Isbell 1 s` Reading: March 16, 2005 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-9 Page 12 April 6, 2005 Bill 44: Amends Chapter 15 of the Hawaii County Code 1983 (1995 Edition), Regarding Parks and Recreation. {Allows the Council to name open areas after a person or persons.} Re: Comm. 127 Intr. by: Mr. Higa 1" Reading: March 16, 2005 Bi1145: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Block Grant Program Income ($20,502.63); appropriates same to Removal of Architectural Barriers.} Re: Comm. 141 Intr. by: Mr. Hoffmann 1~` Reading: March 16, 2005 Bill 46: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in HOME -Program Income ($42,217.21); appropriates to 2020 Kino`ole Senior Residences ($37,995.49) and Office of Housing and Community Development Administration ($4,221.72), fox a total of $42,217.21.} Re: Comm. 142 Intr. by: Mr. Hoffmann 1" Reading: March 16, 2005 Bill 56: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Healing Our Island ($100,000), Adolescent Drug Prevention Program ($380,000), Community Anti-Drug Effort Account ($100,000), Hawaii County Resource Center Anti-Drug Fund ($50,000), for a total of $630,000; appropriates to the following: Healing Our Island ($100,000), Adolescent Drug Prevention Program ($380,000), Community Anti-Drug Effor[ Account ($100,000), Hawaii County Kesource Center Anti-Drug Fund ($50,000), for a total of $630,000. } Re: Comm. 160 Intr. by: Ms. Isbell 1"Reading: March 16, 2005 Hawaii County Council-9 Page 13 Apri] 6, 2005 Bill 355 Amends the State Land Use Boundaries Map, H-65 for the County of Hawaii, (2002-2004): by Changing the District Classification from the Agricultural to the Urban District at Makahanaloa, South Hilo, Hawaii, Covered by Tax Map Key 2-8-8:103, Por. 104, Por. 95, and Por. 3 (approx. 4.182 acres). {Continental Pacific, LLC, Applicant.} Re: Comm. 821 Intr. by: Mr. Elarionoff 1~` Reading: February 16, 2005 Postponed: March 1, 2005 Bil] 356 Amends Section 25-8-35 (Pepe`ekeo Zone Map), Article 8, Chapter 25 (2002-2004): (Zaning Code) of the Hawaii County Code, by Changing the District Classification from Village Commercial (CV-10), Limited Industrial (ML-20), ands. General Industrial (MG-Sa) to Single Family Residential (RS-20) and from Agricultural (A-20a) to Limited Industrial (ML-20) at Makahanaloa, South Hilo, Hawaii, Covered by Tax Map Key 2-8-8:103, Por.104, Por. 95, and Por. 3 (Area: Parcel A -approx. 1.194 acres; Parcel B -approx. 1.462 acres; Parcel C -approx. 6.64 acres; Parcel D -approx. 4.182 acres; Total: approx. 13:478 acres). {Continental Pacific, LLC, Applicant.}; Re: Comm. 821 Intr. by: Mr. Elarionoff 1"Reading: February 16, 2005 Postponed: March 1, 2005 and Comm. 92.22: From Claudia Rohr, dated February 17, 2005; and Comm. 92.23: From Council Member Virginia Isbell, dated February 22, 2005; and Comm. 92.28: From Claudia Rohr, dated February 22, 2005; and Comm. 92.29: From Planning Director Christopher J. Yuen, dated February 22, 2005; and Comm. 92.30: From County Clerk Constance R. Kiriu, dated February 25, 2005; and Comm. 92.31: From Claudia J. Rohr, undated; and Comm. 92.32: From Claudia Rohr, undated; and Comm. 92.33: From Pepe`ekeo Community Association President Lorraine Mendoza, dated March 1, 2005; and Comm. 92.34: From Pepe`ekeo Filipino Association President Rosita Cabatu, dated March 1, 2005; and Comm. 92.35: From Claudia Rohr, dated February 25, 2005. Hawaii County Council-9 Page 14 April 6, 2005 REPORTS FINANCIAL Monthly Financial Status Repor[ from the Department of Finance for the REPORT: Month Ended February 28, 2005. FC-53 Recommends approval of three awards pedestals to the Parks and Recreation (Comm. 136): Department to be used for aquatic events' awards ceremonies from the Kona Dolphins Swim Club (total estimated value of $1,500). PG11 Recommends approval of the nomination of Mr. Joel Gimpel (Council (Comm. 15l): District 8) to the Board of Appeals. PC-12 Recommends approval of the nominations of the following individuals to the (Comm. 153): Water Board: Ms. Millie Kim (Council District 1), Ms. Paula Z. Helfrich (Council District 3), and Mr. Riley W. Smith (Council District 9). EMC-5 Recommends approval of the nomination of Mr. William J. Sanborn (Council (Comm. 152): District 9) to the Environmental Management Commission. REFERRALS FOR EXECUTIVE SESSION (the purpose of the meeting is to consult with Corporation Counsel relating to matters involving potential County liability, as authorized by Sections 92-4 and 92-5, HRS. Note: 2/3 Vote -Pursuant to §92-4, HRS, and Rule 12 of Rules of Procedure of the County Council.) Comm. 73.1: ELEANOR QUIOCHO VS. COUNTY OF HAWAII, ET AL.-CIVIL NO. 02-1-0306; PAULYN ESTIOKO, ET AL. VS. COUNTY OF HAWAII, ET AL. - CIVIL NO. 02-1-0307; MARGARET PARONG, ET AL. VS. COUNTY OF HAWAII, ET AL. -CIVIL NO. 02-1-0308; SHERMAN WASSMAN VS. COUNTY OF HAWAII. ET AL. - CNIL NO. 02-1-0310. From Deputy Corporation Counsel Harry P. Freitas, dated March 28, 2005. Comm. 162: WES HICKS VS. COUNTY OF HAWAII, ET AL., CNIL NO. 03-1-0288 From Deputy Corporation Counsel Harry P. Freitas, dated March 8, 2005. Comm. 197: REQUEST FOR EXECUTIVE SESSION BRIEFING ON HOKULI`A LITIGATION From Council Member Fred C. Holschuh, dated February 28, 2005. Hawaii County Council-9 Page 15 April 6, 2005 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, APRIL 12, 2005 PLANNING COMMITTEE SITE 3:30 p.m. KUAKINI HIGHWAY MAKAI, VISIT RE BILLS 29 AND 30; KAILUA-KONA AND BILLS 31 AND 32 PLANNING COMMITTEI: 6:00 p.m. KING KAMEHAMEHA'S PUBLIC HEARING RE KONA BEACH HOTEL BILLS 29 AND 30; AND BILLS 31 AND 32 TUESDAY, APRIL 19, 2005 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, APRIL 20, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY. MAY 3, 2005 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, MAY 4, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM Hawaii County Council-9 Page 16 April 6, 2005 STATEMENTS FROM THE PUBLIC/ADJOURNMENT (Note: B/R, as listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" and on behalf of the requesting party; however, it does not necessarily signify their support of or opposition to the proposal.) The meeting place is accessible for persons with physical disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by April 4, 2005. Persons using TDDs may call 961-8521. Copies may be viewed at the Hawaii County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawaii 96720; and the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawaii 96740. Note: Videoconference from the Kona Mayor's Office is available for this meeting. Submittin¢ Testimony: Those persons wishing to testify in person or by videoconference must register with the Council/Clerk's staff. Those testifying in person and submitting written testimony at the meeting in Hilo should bring sixteen (16) copies of the testimony for distribution at the meeting. Those testifying by videoconference from the Mayor's Office in Kailua-Kona, located at Hanama Place, 75-5706 Kuakini Hwy., Suite 103, should bring one copy of the testimony. Those persons unable to testify in person or by videoconference may submit testimony (1) by mail to the County Clerk's Office in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to counciltestimony@co.hawaii.hi.us. Copies will be made and distributed at the meeting when transmitted in a timely manner. In any case, both oral and written testimony will be considered public record. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, April 13, 2005, at 6 p.m.; Sunday, April 17, 2005, at 10:30 a.m.; and Wednesday, April 20, 2005, at 6 p.m. (Hawai`i Tribune Herald -April 3, 2005) (WestHawai`i Today-April 3, 2005)