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HomeMy WebLinkAboutAGE COUNCIL 11/15/2006 2004-2006 STACY K. HIGA "'4, JAMES Y. ARAKAKI ~ PETE HOFFMANN Chair & Presiding Officer , FRED C. HOLSCHUH, M.D. VIRGINIA ISBELL DONALD IKEDA Vice Chair , ~ ~i~ BOB JACOBSON ~~°i K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL County ofHawai'i Hawaii County Building 25 Aupuni Street`,-`-~ Hilo, Hawaii 96720 G" ~7 C? r-, r~ t,: C. CL` 49`h Session _ r-+ i .v ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, November 15, 2006 9:00 a.m. INVOCATION Reverend Bob Thompson of Puna Congregational Christian Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council-49 Page 2 November 15, 2006 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 1190: 2007 HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PACKAGE. From HSAC Alternate Vice Chair James Y. Arakaki, dated November 1, 2006, requesting approval of the proposed 2007 HSAC Legislative Package, relating to the following proposals: 1) requiring a state agency to indemnify a county if receiving from the county any assistance, services, rights, or permission to use county property; 2) repealing the sunset dates on three state statutes providing certain liability to the state and counties, as listed; and 3) transferring fines and forfeitures from uncontested traffic infractions to the counties. Waived: PWIRC ORDER OF RESOLUTIONS Res. 454-06: Accepts the Dedication of Real Property from Keiki Aina 1, LLC, Identified as Being a Portion of Tax Map Key:(3)2-4-012-008, Situate at Waiakea Homesteads, First Series, Waiakea, District of South Hilo, Island, County and State of Hawaii. {Containing an area of 86 square feet, the property would be used for road widening purposes.} Re: Comm. 1066 Intr. by: Mr. Ikeda Approve: PWIRC-53 Res. 464-06: Urges the United States Congress and the Federal Communications Commission to Address Public Interests and Community Needs for Local Media, Including News, Access, and Ownership. {Supports Hawai`i's unique telecommunication needs by supporting local broadcast, cable, print, satellite media, and future local news and information applications.} Re: Comm. 1080 Intr. by: Mr. Jacobson Approve: PWIRC-54 Hawaii County Council-49 Page 3 November 15, 2006 Res. 467-06: 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 Civil Defense Agency Other Current Expense (Miscellaneous Contract Services). Discretionary funds from District 5 would be used to purchase equipment, including two-way radios, bullhorns, emergency vests, flashlights, and beacons, for the Hawaiian Paradise Park Emergency Notification and Evacuation Team.} Re: Comm. 1092 Intr. by: Mr. Safazik Approve: FC-351 Res. 484-06 Authorizes the Sale of Tax Map Key:(3)7-6-013:017 as a Remnant Parcel. {The (Drafr 2): County acquired the parcel in 1969 for the proposed Kailua Fire Station site; however, in 1973, the County constructed a new Kailua Fire station on Palani Road and no longer has plans to utilize this lot for any of its programs.} Re: Comm. 1120.2 Intr. by: Ms. Isbell Approve: FC-363 Res. 491-06: Authorizes the Acceptance of a Monetary Gift of Eighty Thousand Two Hundred Six Dollazs ($80,206) from the Daniel R. Sayre Memorial Fund to the Hawaii County Fire Department. {Funds would be used towards the purchase of rescue vehicles and associated equipment that will aid in rescue services around the island. } Re: Comm. 1132 Intr. by: Ms. Isbell Approve: FC-353 Res. 492-06: Authorizes the Receipt and Expenditure of State Funding Appropriated by the State Legislature Pursuant to Act 281, Session Laws of Hawaii 2006, for Non-School Hour Programs for Children and Youth. {Funds would be used by the Recreation Division of the Parks and Recreation Department for Spring Intercession programs in communities where 50% or more of the school students are eligible for free or reduced lunch and for Tour the Island Sports Clinics and camping trips in each of the five recreational districts: South Hilo, Hamakua/North Hilo/Rural South Hilo, North/South Kohala, Kona, and Puna/Ka`u.} Re: Comm. 1134 Intr. by: Ms. Isbell Approve: FC-355 Hawaii County Council-49 Page 4 November 15, 2006 Res. 494-06: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the FY 2006 Homeland Security Grant Program. {Funds would be used for the continued development of three programs: 1) State Homeland Security Program, 2) Law Enforcement Terrorism Prevention Program, and 3) Citizen Corps Program. } Re: Comm. 1141 Intr. by: Ms. Isbell Approve: FC-357 Res. 495-06: Authorizes the Mayor to Enter Into an Agreement with the State's Wireless Enhanced 911 Board for the Appropriation and Reimbursement of Funds for Enhanced 911 Services for Wireless Communications. {Provides reimbursement for funds expended toward the reasonable costs to lease, purchase, or maintain all necessary equipment, including hardware, software, and database provisioning, required to provide technical functionality for Wireless Enhanced 911 Services.} Re: Comm. 1143 Intr, by: Ms. Isbell Approve: FC-360 Res. 498-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Equipment (Skeet Range Equipment). Discretionary funds from District 1 would be used to replace three Wobble PAT Trap machines and one generator for the Pazks and Recreation Department's Trap and Skeet Range.} Re: Comm. 1149 Intr. by: Mr. Holschuh Waived: FC Res. 499-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Reseazch and Development Tourism Promotion (Waipi`o Park Ranger Pilot Program). Discretionary funds from District 1 would be used towazds supplemental funding for the Waipi`o Park Ranger Pilot Program to procure signage, brochures, and other educational materials.} Re: Comm. 1150 Intr. by: Mr. Holschuh Waived: FC Hawaii County Council-49 Page 5 November 15, 2006 Res. 500-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Culture and Arts Other Current Expense -Miscellaneous Contract Services (Ho`okani Pila). Discretionary funds from District 1 would be used to help defray the cost for Ho`okani Pila to participate in the 2007 `Ukulele Festival on O`ahu.} Re: Comm. 1151 Intr. by: Mr. Holschuh Waived: FC Res. 501-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Office of Aging Area Plan on Aging Miscellaneous Contract Services -Special Aging Grants (Hamakua Eldercare Project). Discretionary funds from District 1 would be used towards the continued planning process of the Hamakua Eldercare Resource Center, via the Office of Aging. } Re: Comm. 1152 Intr. by: Mr. Holschuh Waived: FC Res. 502-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services -Contingency Relief account; credits same to Hawaii County Fire Department Fire Protection Other Current Expense Miscellaneous Charges (Project Lifesaver, Pilot Program). Discretionary funds from District ]would be used towards funding a pilot program for Project Lifesaver (search and rescue technology to assist in locating missing persons) to be implemented by the Fire Department.} Re: Comm. 1153 Intr. by: Mr. Holschuh Waived: FC Hawaii County Council-49 Page 6 November 15, 2006 Res. 503-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Transfer to Capital Project Fund-General (to be allotted to New Street Light Installation). Discretionary funds from District 1 would be used towards funding three streetlights in District 1 (two installed along the Waipi`o Valley Access Road at the discretion of the Traffic Division, Department of Public Works, and one at Pole Number 381 along the Old Mamalahoa Highway in `O `okala). } Re: Comm. 1154 Intr. by: Mr. Holschuh Waived: FC Res. 504-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Planning Department, Planning Other Current Expense -Miscellaneous Contract Services (Hawai`i Island Land Trust). Discretionary funds from District 7 would be used as a grant towards Hawaii Island Land Trust to start up new office operations. } Re: Comm. 1158 Intr. by: Ms. Isbell Waived: FC Res. 505-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,800 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation -Elderly Activities Division (EAD) Recreation Other Current Expense, Miscellaneous Charges (EAD Equipment). Discretionary funds from District 3 would be used to purchase miscellaneous equipment for the EAD to be used at the Kamana Senior Center and East Hawaii senior events.} Re: Comm. 1159 Intr. by: Mr. Arakaki Waived: FC Hawaii County Council-49 Page 7 November 15, 2006 Res. 506-06: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease of Real Property for the Office of the County Council and Office of the County Clerk. {Extends the current 12-month lease with BF Hilo Partners for 6,871 square feet of office space into afive-year extension agreement to coincide with the lease agreement dates for the Legislative Research Branch and the Reprographic Division approved under Resolution 460-06. This resolution would supersede Resolution 188-05.} Re: Comm. 1160 Intr. by: Mr. Higa Waived: FC Res. 508-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Equipment (Skeet Range Equipment). Discretionary funds from District 4 would be used to help cover the costs to replace three trap machines and one generator at the Trap and Skeet Range in Hilo.} Re: Comm. 1164 Intr. by: Mr. Higa Waived: FC Res. 509-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,500 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation -Elderly Activities Division (EAD) Recreation Equipment (EAD Equipment). Discretionary funds from District 4 would be used to purchase miscellaneous equipment for the EAD to be used at the Kamana Senior Center and East Hawaii senior events.} Re: Comm. 1165 Intr. by: Mr. Higa Waived: FC Res. 510-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $9,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Prosecuting Attorney's Office Kona Prosecuting Attorney Other Current Expense, Miscellaneous Contract Services (Konawaena High School -Athletic Division). Discretionary funds from District 7 would be used as a grant towards Konawaena High School -Athletic Division (Football Program). } Re: Comm. 1166 Intr. by: Ms. Isbell Waived: FC Hawaii County Council-49 Page 8 November 15, 2006 Res. 511-06: Authorizes the Director of Finance to Negotiate a License with the Roman Catholic Church in the State of Hawaii dba Office for Social Ministry, for the Purpose of Providing Services to Homeless Persons with Terms to Include a Duration of Five Years at a Set Rental of $10.00 Per Year. {Facility located at 74-5595 Pawai Place, Kona, Hawai`i.} Re: Comm. 1167 Intr. by: Mr. Ikeda Approve: CHA -October 31, 2006 Res. 512-06: Accepts the Donation of Lot 3D (old Hakalau mill site) of the Hakalau Estates Subdivision, Situate at Hakalau Nui, District of South Hilo, County and State of Hawaii, Identified as Tax Map Key:(3)2-9-002:080, from Continental Pacific, LLC. {Property contains an azea of 3.182 acres, more of less, and would be a long-term recreational asset to the County. } Re: Comm. 1169 Intr. by: Mc Holschuh Waived: FC Res. 513 -06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $20,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Department of Research and Development Tourism Promotion (Waipi`o Park Ranger Pilot Program -Year Two). Discretionary funds from District 1 would be used towards asecond-year extension of the Waipi`o Pazk Ranger Pilot Program.} Re: Comm. 1170 Intr. by: Mr. Holschuh Waived: FC Res. 514-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,500 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Equipment (Shipman Gym Scoreboard). Discretionary funds from District 3 would be used to purchase a new scoreboard for Shipman Gym.} Re: Comm. 1171 Intr. by: Mr. Arakaki Waived: FC Hawaii County Council-49 Page 9 November 15, 2006 Res. 515-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Transfer to Highway Fund (Street Light-Pearl Street). Discretionary funds from District 6 would be used towards the installation of a streetlight on Pearl Street in the Mauna Loa Estates Subdivision.} Re: Comm. 1172 Intr. by: Mr. Jacobson Waived: FC Res. 524-06: Designates Hawaii Island Visitors Bureau (HIVB) as the Intended Recipient of Appropriated Funds in the Department of Research and Development's Tourism Promotion Account. {Ordinance 06-79 intended to designate $550,000 to HIVB, but the Department of Finance, Purchasing Division, determined that this ordinance did not specify HIVB as the recipient, therefore, this resolution rectifies this situation. } Re: Comm. 1186 Intr. by: Mr. Higa Waived: FC Res. 525-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Equipment (Skeet Range Equipment). Discretionary funds from District 2 would be used towards the replacement of three trap machines and one generator at the Trap and Skeet Range in Hilo.} Re: Comm. 1187 Intr. by: Mc Ikeda Waived: FC Res. 526-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $8,700 out and from Clerk-Council Services -Contingency Relief account; credits to the following: Department of Parks and Recreation Elderly Activities Division Recreation Other Current Expense ($5,985) and Department of Parks and Recreation Elderly Activities Division Recreation Equipment ($2,715), for a total of $8,700. Discretionary funds from District 2 would be used towards the purchase of miscellaneous equipment, which would be used at the Kamana Senior Center, Pomaika`i Senior Center, and for East Hawaii Senior Events.} Re: Comm. 1188 Intr. by: Mr. Ikeda Waived: FC Hawaii County Council-49 Page 10 November 15, 2006 Res. 527-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Research and Development -New Industry and Industry Development (Third Annual Kea`au Christmas Light Parade). Discretionary funds from District 3 would be used as a grant to help cover the marketing costs for the Third Annual Kea`au Christmas Light Parade, to be held on Saturday, December 9, 2006.} Re: Comm. 1189 Intr. by: Mr. Arakaki Waived: FC 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 251 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-Sa) to Residential and Agricultural (RA-la) (approx. 97.347 acres) and Multiple Family Residential (RM-3.5) (approx. 10.829 acres) at Moeauoa 2"d, North Kona, Hawai` i, Covered by Tax Map Key 7-5-3:7, 8, 9. {SCD Kona 108, LLC, Applicant.} Re: Comm. 766.5 Intr. by: Mc Pilago Approve: PC-67 Postponed: May 17, June 21, and October 31, 2006 Public Hearing to be Held: November 9, 2006 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Isbell to approve Bill 251, Draft 2.) ;and Comm. 766.1: From Adele DeCuyper, dated June 20, 2006; and Comm. 766.7: From Planning Director Christopher J. Yuen, dated May 9, 2006; and Comm. 766.8: From Cheryl King, dated May 14, 2006; and Comm. 766.9: From Loraine Peters, dated May ] 7, 2006; and Comm. 766.10: From Jake Jacobs, dated May 17, 2006; and Comm. 766.11: From Cory Harden, dated May 15, 2006; and Comm. 766.12: From Virginia Cochran and James Cochran, dated May 14, 2006; and Comm. 766.13: From Gust Koutroupas, dated May 13, 2006; and Comm. 766.14: From Walter A. Hoffman, dated May 12, 2006; and Comm. 766.15: From Members of The Salvation Army Kona Corps Advisory Board, dated May 15, 2006 (William L. Wong, Chair; Chuck Corbe; Jeff Martin; David Rees-Thomas; James Allen; Matthew Kilgore; Noel Black-Ackerman; Ken Apilado, and John Harris); and (Comm. 766.16 continues on the next page.) Hawaii County Council-49 Page 1 1 November 15, 2006 Comm. 766.16: From Bill and Lorraine Van Horn, dated May 10, 2006; and Comm. 766.17: Petitions (54) signed by individual lot owners of the Malulani Gardens Subdivision, as well as written testimony from residents of Malulani Gardens; and Comm. 766.18: From Adele DeCuyper, dated May 17, 2006; and Comm. 766.19: From Pamela S. Poore, undated; and Comm. 766.20: From Stanford S. Carr, Managing Member, Stanford Carr Development, LLC, dated June 14, 2006; and Comm. 766.21: From Richard A. Wheelock, SCD Kona 108 LLC, dated August 29, 2006; and Comm. 766.22: From Richard A. Wheelock, SCD Kona 108 LLC, dated October 18, 2006; and Comm. 766.23: From Michael Flaherty, dated October 30, 2006; and Comm. 766.24: From Bill Van Horn, dated October 30, 2006; and Comm. 766.25: From Faith Faye Hayes, dated October 29, 2006; and Comm. 766.26: From Adele DeCuyper and Michael Flaherty, dated October 30, 2006; and Comm. 766.27: From Stanford Carr, dated June 2006. Bill 300: Amends Chapter 14 of the Hawaii County Code 1983 (2005 Edition), as Amended, General Welfare. {Policy objectives are: 1) no alcohol in any County parks and recreation facility without a permit; 2) permit for alcohol only at a limited number of narrowly defined sites; and 3) permit for alcohol only during one time period (12 p.m. to ]0 p.m.).} Re: Comm. 936 Intr. by: Mr. Jacobson Approve: PSPRC-30 Postponed: July 19, 2006 Public Hearings Held: August 21 and September 20, 2006 ;and Comm. 936.3: From Janice Palma-Glennie, dated June 25, 2006; and Comm. 936.4: From Mayor Harry Kim, dated July 11, 2006; and Comm. 936.5: From Members of the Kohala Coalition Against Drugs, dated July 17, 2005; and Comm. 936.6: From Ginger Towle, Kona Crime Prevention, Inc., dated July 19, 2006; and Comm. 936.7: From Michael Reimer, dated July 16, 2006; and Comm. 936.8: From Parks and Recreation Director Patricia Engelhard and Deputy Director Pam Mizuno, dated August 17, 2006; and Comm. 936.9: From Rosalind Canite, dated August 30, 2006; and Comm. 936.10: From Prosecuting Attorney Jay T. Kimura, undated; and Comm. 936.1 1: From Dan Lindsay, dated July 28, 2006; and Comm. 936.12: From Richard Hoeflinger, dated August 20, 2006; and Comm. 936.13: From Mayor Harry Kim, dated August 21, 2006; and Comm. 936.14: From Erma Yamada, undated; and Comm. 936.15: From Travis Santiago, dated July 3, 2006; and Comm. 936.16: Handout entitled, "Alcohol Ban at County Parks and Recreational Facilities," undated; and Comm. 936.17: Handout entitled, "Costs and Consequences Your Choices," submitted by Lilian Beaufrere, undated; and Comm. 936.18: From Alfred G. Santos, Sr., dated September ] 0, 2006; and Comm. 936.19: From Faith Rosman, RN, MN, dated September 19, 2006; and Comm. 936.20: From Diane Stone Leaf and Dr. Theodore N. Leaf, dated September 15, 2006; and (Comm. 936.21 continues on the next page.) Hawaii County Council-49 Page 12 November 15, 2006 Comm. 936.21: From Parley and Sandra Tajon, undated; and Comm. 936.22: From Alfred G. Santos, Sr., dated August 21, 2006; and Comm. 936.23: From Ginger Towle, dated September 19, 2006; and Comm. 936.24: From Ann Cassidy, dated October 4, 2006; and Comm. 936.25: From Felicity Johnson, dated October 4, 2006; and Comm. 936.26: From Gayle Keller, dated October 10, 2006; and Comm. 936.27: From Gail Elizares, dated October 12, 2006; and Comm. 936.28: From Bea Larson, President, Leleiwi Community Association, dated October 30, 2006. Bill 302: Amends Section 25-8-6 (Kailua-Honalo Urban Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Single Family Residential - 7,500 Square Feet (RS-7.5) to Village Commercial - 7,500 Square Feet (CV-7.5) at Kawanui ls`, North Kona, Hawaii, Covered by Tax Map Key 7-9-3:61 (approx. 25,580 square feet). {Jack and Barbara Umphrey, Applicants.} Re: Comm. 950 Intr. by: Mr. Pilago Negative: PC-101 ;and Comm. 950.1: From Stephen J. Menezes, Attorney at Law, dated August 5, 2006. Bill 305 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 10,000 Square Feet (RS-10) to Multiple Family Residential - 2,500 Square Feet (RM-2.5) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-36:102 and 103 (approx. 67,500 square feet). {Ivan Mochida, Applicant.} Re: Comm. 953.12 Intr. by: Mr. Pilago (B/R) Negative: PC-119 (due to 4-ayes and 5-noes) Postponed: October 31, 2006 Public Hearing to be Held: November 14, 2006 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Isbell to approve Bi11305, Draft 2.) ;and Comm. 953.13: From Planning Director Christopher J. Yuen, dated October 25, 2006; and Comm. 953.14: From Sidney M. Fuke, Planning Consultant, dated October 30, 2006; and Comm. 953.15: From Patricia Saito Toyama, dated October 31, 2006; and Comm. 953.16: From Victoria Saito Abe, dated October 31, 2006. Hawaii County Council-49 Page 13 November 15, 2006 Bill 339: Amends the State Land Use Boundaries Maps for the County of Hawaii by Changing the District Classification from the Agricultural to the Rural District at Ouli, South Kohala, Hawaii, Covered by Tax Map Key 6-2-I 1:20 (approx. 5.003 acres). {James and Madeleine T. Budde, Applicants.} Re: Comm. 1081 Intr. by: Mr. Pilago Approve: PC-120 Bill 340: Amends Section 25-8-7 (North and South Kohala Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 5 Acres (A-Sa) to Residential and Agricultural - 2 Acres (RA-2a) at Ouli, South Kohala, Hawaii, Covered by Tax Map Key 6-2-11:20 (approx. 5.003 acres). {James and Madeleine T. Budde, Applicants. } Re: Comm. 1081 Intr. by: Mr. Pilago Approve: PC-121 Bill 342 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 10,000 Square Feet (RS-10) to Multiple Family Residential - 1,000 Squaze Feet (RM-1) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-26:24 (approx. 21,780 square feet). {Allan Takase, M.D., Applicant.} Re: Comm. 1097.1 Intr. by: Mr. Pilago (B/R) Approve: PC-122 Bill 344: Repeals Ordinance No. 96 81 Which Amended Section 25-1 14 (City of Hilo Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-3a) to Single Family Residential (RS-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-4-80:15 (Formerly 2-4-3:Portion of 4) (approx. 1.952 acres). {Jon Mitsuda, Applicant. } Re: Comm. 1101 Tntr. by: Mc Pilago Approve: PC-123 Hawaii County Council-49 Page 14 November 15, 2006 Bill 350: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Contribution from Private Source ($30,206); appropriates same to Rescue Equipment -Private. } Re: Comm. 1132 Intr. by: Ms. Isbell Approve: FC-354 Bill 351: Amends Chapter 15, Article 7, of the Hawaii County Code 1983 (2005 Edition), Relating to the Veterans Advisory Committee. {Amendments relate to the following: clarifies that in addition to 16 members there aze two ex-officio members without the power to vote (Section 15-61); includes the entire island when filling vacancies to the Military Order of the Purple Heart and designates a slot to Korean War Veterans and reduces the number of"independent" slots from four to three (Section 15-62(b)); and removes language relating to two ex-officio members as it is now included in Section I5-61 -Organization (Section 15-62(f)).} Re: Comm. 1133 Intr. by: Mr. Jacobson Approve: PSPRC-39 Bill 352: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in Non-School Hour Programs ($52,000); appropriates same to Non-School Hour Programs. } Re: Comm. 1134 Intr. by: Ms. Isbell Approve: FC-356 Bill 354: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in the following: Federal Grants -State Homeland Security Program ($800,000), Federal Grants -Law Enforcement Terrorism Prevention Program ($300,000), and Federal Grants -Citizen Corps Program ($38,582), for a total of $1,138,582; appropriates to the following: State Homeland Security Program Fiscal Year 2006 ($800,000), Law Enforcement Terrorism Prevention Program Fiscal Year 2006 ($300,000), and Citizen Corps Program Fiscal Yeaz 2006 ($38,582), for a total of $1,138,582.} Re: Comm. 1141 Intr. by: Ms. Isbell Approve: FC-358 Hawaii County Council-49 Page 15 November 15, 2006 Bill 355: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 30, 2007. {Appropriates and decreases revenues in the following: Increase Federal Grants - Hawaii County Police Department (HCPD) Traffic Investigation Program ($20,560) and decreases Federal Grants -Traffic Training and Equipment $[12,560], for a total of $8,000; appropriates same to HCPD Traffic Investigation Program. Funds would be used to reduce the number of alcohol related fatalities and injuries, increase public awareness, and provide a constant deterrence against drunk driving.} Re: Comm. 1142 Intr. by: Ms. Isbell Approve: FC-359 Bill 356: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in Wireless E911 System ($350,000); appropriates same to Wireless E911 System.} Re: Comm. 1143 Intr. by: Ms. Isbell Approve: FC-361 Bill 357: Amends Chapter 24, Article 1Q Division 8, Section 24-293, Schedule 41, Hawaii County Code 1983 (2005 Edition, as Amended), Regarding Vehicles and Traffic, to Restrict the Use of the Waipi`o Valley Access Road to Four-Wheel Drive Vehicles. {References to "all wheel" drive has been changed to "four-wheel" drive.} Re: Comm. 1144 Intr. by: Mr. Holschuh Approve: PWIRC-55 Bill 358 Authorizes the Issuance of General Obligation Bonds of the County of Hawaii for (Drafr 2): the Purpose of Funding All or a Portion of the Costs of Vazious Improvement Projects and Refunding Certain Outstanding Debt Obligations of the County; Fixing the Form, Denominations, and Certain Other Details of Such Bonds and Providing for Their Sale to the Public; and Authorizing the Taking of Other Actions Relating to the Issuance and Sale of the Bonds and the Retirement of the Obligations to be Refunded. {Authorizes the issuance of up to $75 million in general obligation bonds and also requests authorization to issue bonds in an amount not to exceed $35 million for the purpose of refunding bonds that were issued at higher interest rates. Attaches "Exhibit A" containing an explanation of each project (West Hawaii Civic Center, County Building Repairs, La`i`opua Connector Road, and AOA Compliance); and "Exhibits B and C," which are debt service worksheets.} Re: Comm. 1145.1 Intr. by: Ms. Isbell Approve: FC-362 2/3 Vote: Section 47-5, Hawaii Revised Statutes Hawaii County Council-49 Page 16 November 15, 2006 Bill 361: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Transfer from General Fund ($50,000); appropriates same to Traffic Division Equipment (District 2 - $30,000; District 3 - $20,000). Resolution 489-06 submitted by District 2 Council Member Donald Ikeda would be used towards costs related to the installation of"Smart Signs"; and Resolution 493-06 submitted by District 3 Council Member James Arakaki would be used towards the purchase of two "Smart Signs."} Re: Comm. 1185 Intr. by: Mr. Ikeda Waived: FC Bill 362: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Vehicles and Traffic. {Amendments relate to proposed parking prohibition, time limit parking, and freight loading zone on Kilauea Avenue, Wilson Street, and Derby Lane.} Re: Comm. 1191 Intr. by: Mr. Higa Waived: PWIRC 1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bi11258 Amends Chapter 4 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Drafr 3): Relating to Animals. {Repeals Chapter 4, Animals, Hawaii County Code, in its entirety and establishes a new chapter relating to Animals. Replicates Chapter 7, Animals and Fowl, of the Revised Ordinances of Honolulu with a few minor adjustments. Contains provisions relating to the following: cockfighting and related equipment, animal nuisances, dog licenses, regulation of dogs, public spay and neuter clinic for dogs and cats, cat identification program, and regulation of dangerous dogs. Also includes provisions regarding licensed obedience trial, tracking, and show dogs, sterilization of cats and dogs, strict enforcement of strays, and regulation of noisy animals (not just dogs). Draft 3 contains amendments that received a favorable vote at the Council's October 31, 2006, meeting and the ramseyered text appears in Communication 798.14.} Re: Comm. 798.14 Intr. by: Mr. Holschuh 151 Reading: October 31, 2006 ;and Comm. 798.15: From Council Member Fred C. Holschuh, M.D., dated November 2, 2006, amending Section 5, proposing an effective date of March 11, 2007. Hawaii County Council-49 Page 17 November 15, 2006 Bill 309 Planning Director Initiated -Amends the Hawaii County General Plan, as Adopted (Draft 4): by Ordinance No. OS 25. {Proposed amendments are to the text, policies, courses of action, Land Use Pattern Allocation Guide (LUPAG) Map, and Facilities Map. Specific amendments may be found in Draft 4.} Re: Comm. 964.48 Intr. by: Mr. Pilago 1 s` Reading: August 23, 2006 Postponed: September 7, 2006 Public Hearing Held: October 24, 2006 ;and Comm. 964.49: From Peter T. Young, Chairperson, State Department of Land and Natural Resources, dated September 1, 2006; and Comm. 964.50: From Esta Marshall, dated September 5, 2006; and Comm. 964.51: From Tim Lui-Kwan, Carlsmith Ball LLP, dated August 25, 2006; and Comm. 964.52: From Ambika Kosada, Spokesperson, Kealakekua Bay Watershed Advisory Council, dated September 4, 2006; and Comm. 964.53: From Micah A. Kane, Chairman, Hawaiian Homes Commission, dated September 7, 2006; and Comm. 964.54: From Michael W. Gibson, Manager, Captain Cook Ranch LLC, dated August 29, 2006; and Comm. 964.55: From Lillian Fox, dated September 3, 2006; and Comm. 964.56: From Chuck Flaherty, dated September 4, 2006; and Comm. 964.57: From Dore Dokos-Loewenthal, dated September 6, 2006; and Comm. 964.58: From Pari Kosada, dated September 6, 2006; and Comm. 964.59: From Josephine Keliipio, dated September 7, 2006; and Comm. 964.60: From Isaac D. Harp, dated September 6, 2006; and Comm. 964.61: From Charles Flaherty, dated September 6, 2006; and Comm. 964.62: From Zelma J. Osborne, First American Title Company, Inc., undated; and Comm. 964.63: From Gretchen Ana Currie, dated September 6, 2006; and Comm. 964.64: From Ru Carley, dated September 6, 2006; and Comm. 964.65: From Sally Marone, dated September 6, 2006; and Comm. 964.66: From Janice Palma-Glennie, Moku Loa Group of the Sierra Club, dated September 6, 2006; and Comm. 964.67: From Margaret Wille, Attorney at Law, dated September 7, 2006; and Comm. 964.68: From Gordana Leonard, dated September 7, 2006; and Comm. 964.69: From Ambika Kosada, Kealakekua Bay Watershed Advisory Council, dated September 7, 2006; and Comm. 964.70: From Kristina Browne and Robert Critchfield, dated October 23, 2006; and Comm. 964.71: From Benjamin Prichard, undated; and Comm. 964.72: From Nedrra Lanakila, dated October 23, 2006; and Comm. 964.73: From Daerick Lanakila, dated October 23, 2006; and Comm. 964.74: From Gwendolyn Jones, dated October 23, 2006; and Comm. 964.75: From Francene Hart, dated October 23, 2006; and (Comm. 964.76 continues on the next page.) Hawaii County Council-49 Page 18 November ] 5, 2006 Comm. 964.76: From Thomas Butler, dated October 23, 2006; and Comm. 964.77: From Andre Bradford Nogues, Director of Operations, The Resonance Project Foundation, dated October 23, 2006; and Comm. 964.78: From Dvorah Henderson, Sunny Langstraat, and Eva Vonkruedner, dated October 23, 2006; and Comm. 964.79: From Dana Maria Mitchell, dated October 23, 2006; and Comm. 964.80: From Alexandria and Fred Dosher, dated October 24, 2006; and Comm. 964.81: From Dore Dokos-Loewenthal, dated October 24, 2006; and Comm. 964.82: From Harold Murata, dated October 24, 2006; and Comm. 964.83: From Shikwan Sung, dated October 24, 2006; and Comm. 964.84: From Jo-Anne Kahanamoku Sterling, dated October 24, 2006; and Comm. 964.85: From Fred Duerr, dated October 24, 2006; and Comm. 964.86: From Thomas Hilliard, dated October 24, 2006; and Comm. 964.87: From Marshall Lefferts, dated October 23, 2006; and Comm. 964.88: From Frank (Tom) Patton, dated October 22, 2006; and Comm. 964.89: From Alice M. Sherer, dated October 21, 2006; and Comm. 964.90: From Kristin Lambert, dated October 22, 2006; and Comm. 964.9 ] : From Cynthia Walsh, dated October 22, 2006; and Comm. 964.92: From Susan Rose Brotman, dated October 22, 2006; and Comm. 964.93: From Robert and Mary Dahlager, dated October 22, 2006; and Comm. 964.94: From Kathryn G. Rawle, dated October 22, 2006; and Comm. 964.95: From Pete Peraya, dated October 21, 2006; and Comm. 964.96: From Robert Flatt, dated October 21, 2006; and Comm. 964.97: From David Tamas, Marine and Coastal Solutions International, Inc., Planning Consultant to Jacoby Development, Inc., dated October 24, 2006; and Comm. 964.98: From Rick Gaffney, undated; and Comm. 964.99: From Dore Dokos-Loewenthal, dated October 24, 2006; and Comm. 964.100: From Esta Marshall, dated October 23, 2006; and Comm. 964.101: From Linda and William Horgan, dated October 23, 2006; and Comm. 964.102: From Sally Hammond, dated October 23, 2006; and Comm. 964.103: From Patricia McCarver, dated October 23, 2006; and Comm. 964.104: From Ray Anders, dated October 23, 2006; and Comm. 964.105: From Cory Harden, dated October 23, 2006; and Comm. 964.106: From Claudia Brown, dated October 23, 2006; and Comm. 964.107: From Lianne Ichishita, dated October 23, 2006; and Comm. 964.108: From Nancy Ginter-Miller and Mark R. Miller, dated October 23, 2006; and Comm. 964.109: From Nancee Cline, dated October 23, 2006; and Comm. 964.1 10: From Ernst Langstraat, dated October 23, 2006; and Comm. 964.1 11: From Peter T. Young, Chairperson, Board of Land and Natural Resources, dated October 20, 2006; and Comm. 964.112: From Micah A. Kane, Chairman, Hawaiian Homes Commission, dated October 24, 2006; and Comm. 964.113: From Kara Bernarda, dated October 23, 2006; and Comm. 964.114: From Hart Phillips, dated October 23, 2006; and Comm. 964.115: From Keith Keffer, undated; and Comm. 964.1 16: From Esta Marshall, dated October 23, 2006; and Comm. 964.117: From George I. and Joan E. Prater, dated October 23, 2006; and Comm. 964.118: From Bobby Dudley, dated October 23, 2006; and Comm. 964.119: From Nan Dudley, dated October 23, 2006; and Comm. 964.120: From Tim Clark, dated October 23, 2006; and (Comm. 964.121 continues on the next page.) Hawaii County Council-49 Page 19 November 15, 2006 Comm. 964.121: From Martha Simpson, dated October 23, 2006; and Comm. 964.122: From Teresa Collins, dated October 23, 2006; and Comm. 964.123: From Dave Benavides-MBA, Information Technology Business Consultant, IQ Consulting Resources, Inc., dated October 23, 2006; and Comm. 964.124: From Nancy Benavides, RA, Coldwell Banker Aloha Properties, dated October 23, 2006; and Comm. 964.125: From Chuck Gallison and Nina R. Garcia, dated October 22, 2006; and Comm. 964.126: From Ed Geer, dated October 22, 2006; and Comm. 964.127: From Mary Beth Hilburn, dated October 22, 2006; and Comm. 964.128: From Christina Pettersen, dated October 22, 2006; and Comm. 964.129: From Marshall Blann, dated October 23, 2006; and Comm. 964.130: From Josephine Keliipio, dated October 24, 2006; and Comm. 964.131: From Micah A. Kane, Chairman, Hawaiian Homes Commission, dated October 24, 2006; and Comm. 964.132: From Stan and Kitty Lyons, dated October 29, 2006. Bill 330: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in Environmental Management Department Administration Charges ($117,192); appropriates to the following: Environmental Management Salaries and Wages ($104,922), Environmental Management Other Current Expense ($3,270), and Environmental Management Equipment ($9,000), for a total of $117,192.} Re: Comm. 1038 Intr. by: Ms. Isbell Postponed: September 20, 2006 and October 16, 2006 ls` Reading: October 31, 2006 Bill 332: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 10,000 Square Feet (RS-10) to General Commercial - 20,000 Squaze Feet (CG-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-28:31 (approx. 33,803 square feet). {Association of Apartment Owners of Lanikaula Professional Center, Applicant.} Re: Comm. 1045 Intr. by: Mr. Pilago ls` Reading: October 31, 2006 Bill 333: Amends Ordinance No. 98 98, Which Reclassified Lands from Single Family Residential - 10,000 Square Feet (RS-10) to Industrial Commercial Mixed - 20,000 Squaze Feet (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-037:029; Request: Time Extension to Conditions B and C. {Seawind Holding, [nc, Applicant.} Re: Comm. 1046 Intr. by: Mr. Pilago 19` Reading: October 31, 2006 Hawaii County Council-49 Page 20 November 15, 2006 Bill 334 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single-Family Residential - 10,000 Squaze Feet (RS-10) to Industrial-Commercial Mixed - 20,000 Square Feet (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-35:63 (approx. 21,050 Squaze feet). {James Ishii, Applicant.} Re: Comm. 1047.1 Intr. by: Mr. Pilago (B/R) ls' Reading: October 31, 2006 Bill 335: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single-Family Residential- 10,000 Square Feet (RS-10) to Industrial-Commercial Mixed - 20,000 Square Feet (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-36:64 (approx. 22,900 square feet). {NST Development, LLC, Applicant.} Re: Comm. 1048 Intr. by: Mr. Pilago 151 Reading: October 3 2006 Bill 341: Amends Chapter 19 of the Hawaii County Code 1983 (2005 Edition), Real Property Taxes, Relating to Home Exemptions. {Allows homeowners to rent a portion of their home as residential rental and remain in the homeowner class retaining their homeowner's exemption. } Re: Comm. 1096 Intr. by: Ms. Isbell (B/R) ls` Reading: October 31, 2006 Bill 343: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. Adds PUBLIC WORKS: Traffic Signs and Markings for Road Safety Improvements Islandwide ($600,000); funds shall be provided from Highway Fund-Fund Balance and/or Other Sources ($600,000). {Requires installation of new signage and thermoplastic reflective markings due to new projects such as Safety Improvement Projects, redesign of existing roadway geometrics, and pavement resurfacing.} Re: Comm. 1098 Intr. by: Ms. Isbell ls' Reading: October 31, 2006 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-49 Page 21 November 15, 2006 Bill 347 Names a County Recreational Facility (TMK:(3)7-5-018:020) Pursuant to (Draft 2): Chapter 15, Hawaii County Code 1983 (2005 Edition). {Designates the name "Wai`aha Beach Park", located along Ali`i Drive, Kailua-Kona.} Re: Comm. ] 106.1 Intr. by: Mr. Jacobson ls` Reading: October 31, 2006 Bill 353: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. Adds PARKS AND RECREATION: Honoli`i Gulch Property Acquisition ($2,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($2,000,000). {Acquisition of the property would enhance Honoli`i Beach Park by expanding recreational activities (canoeing, paddle boarding, fishing, expansion of trails along the river, and the creation of an educational center geared towards introducing children to the natural and positive values of the land).} Re: Comm. 1140 Intr. by: Mr. Higa ls' Reading: October 31, 2006 2/3 Vote: Section 10-6(d), Hawai`i County Charter ;and Comm. 1140.1: From Council Chair Stacy K. Higa, dated November 1, 2006, transmitting a revised Project Data/Financial Impact Statement. REPORTS FC-352 Recommends approval of the nomination of Mr. William Gilmartin (Council (Comm. 1129): District 6) to the Public Access, Open Space and Natural Resources Preservation Commission. EMC-12 Recommends approval of the nomination of Ms. Paulette V. Pavao (Council (Comm. 1135): District 3) to the Environmental Management Commission ;and Comm. 1135.1: From Corporation Counsel Lincoln S. T. Ashida, dated November 1, 2006. PSPRC-38 Recommends approval of the nominations of Mr. Stephen P. Bowles (Council (Comm. 1128): District 1) and Mc Bill Rosehill (Council District 7) to the Fire Commission. Hawaii County Council-49 Page 22 November 15, 2006 REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote, pursuant to HRS Section 92-4 and Rule 12 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 535.2: RUSSELL VS COUNTY OF HAWAII, CIVIL NO. 97-01102 SPK From Deputy Corporation Counsel Joseph K. Kamelamela, dated November 2, 2006. Comm. 1177: HAWAIIAN TELCOM, INC. V. COUNTY OF HAWAII, ET AL.; CIVIL NO. 3RC06-1-286 From Deputy Corporation Counsel Harty P. Freitas, dated October 31, 2006. Comm. 1178: NAOMI M. RINGER, ET AL. V COUNTY OF HAWAII; CIVIL NO. OS-1-0018K From Deputy Corporation Counsel Harry P. Freitas, dated October 31, 2006. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, NOVEMBER 28, 2006 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, NOVEMBER 29, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-49 Page 23 November 1 S, 2006 MONDAY, DECEMBER 4, 2006 COUNCIL -SINE DIE 10:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COUNCIL -NEW 3:00 p.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by November 13, 2006. Persons using TDDs may call 961-8521. Copies of an item listed on the agenda 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 333 Kilauea Avenue, Hilo, Hawaii 96720; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawaii 96740; and at the Waimea Council Members' Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea, Hawaii 96743. V ideoconferencin¢ 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 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. Submitting 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 seventeen (17) copies of the testimony for distribution at the meeting. Those testifying by videoconference from the Kona Council Office and the Waimea Council Office 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 25 Aupuni Street, Hilo, Hawaii 96720, (2) by facsimile to (808) 961-8912, or (3) by e-mail to counciltestimony@co.hawaii.hi.us. Please submit a separate testimony for each item. 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. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(6), Hawaii County Code} A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month Hawaii County Council-49 Page 24 November 15, 2006 period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 333 Kilauea Avenue, Hilo, Hawaii 96720. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, November 22, 2006, at 6 p.m.; Sunday, November 26, 2006, at 10:30 a.m.; and Wednesday, November 29, 2006, at 6 p.m. (Hawai`i Tribune Herald -November 12, 2006) (West Hawaii Today -November 13, 2006)