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HomeMy WebLinkAboutAGE COUNCIL 11/29/2006 2004-2006 STACY K. HIGA ~ M~ JAMES Y. ARAKAKI L;` PETE HOFFMANN Charr & Presldrng Officer , FRED C. HOLSCHUH, M.D. VIRGINIA ISBELL ; DONALD IKEDA vice chair SOB JACOBSON K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 50`" Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, November 29, 2006 9:00 a,m. INVOCATION Reverend Tim Cazigon of Hilo Missionary Church CALL TO ORDER t') ROLL CALL i . tt tv PLEDGE OF ALLEGIANCE r,r APPROVAL OF MINUTES April 5 and 19, 2006 +v (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Kawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council-50 Page 2 November 29, 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. 1200: NOMINATION OF MRS. JOANNE BACKMAN TO THE PUNA COMMUNITY DEVELOPMENT PLAN STEERING COMMITTEE From Mayor Harry Kim, dated October 18, 2006, recommending approval of the above nomination. Waived: PC Comm. 1221: DAUGHTERS OF HAWAII GRANT AWARD FOR CHILDREN'S EDUCATIONAL PROGRAMS OF THE HULIHE`E PALACE From Vice Chair Virginia Isbell, dated November 16, 2006, attaching a letter from Fanny AuHoy, Curator, Daughters of Hawaii, informing that the original purpose of their $25,000 grant for a student educational program at Hulihe`e Palace has been expanded to give the students a "hands-on" experience to paint lower azeas that have been re-plastered because of damage caused by the earthquake. Waived: HSEDC ORDER OF RESOLUTIONS Res. 507-06: Supports the Partnership Development of anOff-Highway Vehicle (OHV) Riding Facility in the Hamakua District. {Supports the creation of an OHV riding facility which includes Motor Cycles intended for off-road use, more commonly known as Dirt Bikes and All-Terrain Vehicles (ATV's or Quads).} Re: Comm. 1161 Intr. by: Mc Holschuh Approve: PSPRC-40 Res. 516-06: Authorizes Approval of In Lieu Fair Share Contribution to Satisfy Condition "P" of Ordinance No. 03 37. {Fair share contribution in an amount of $455,515.70 would be used for the support of road and traffic improvements as required by Condition P.} {Walter and Susan Welton, Applicants.} Re: Comm. 1173 Intr. by: Mr. Pilago Approve: PC-124 Hawaii County Council-50 Page 3 November 29, 2006 Res. 517-06: Authorizes Approval of In Lieu Fair Shaze Contribution to Satisfy Condition "N" of Ordinance No. 02 95. {Fair share contribution in an amount of $26,500 would be used for the support of road and traffic improvements as required by Condition N. } {Bart T. Cahoon Trust, Applicant.} Re: Comm. 1174 Intr. by: Mr. Pilago Approve: PC-125 Res. 518-06: Authorizes Approval of In Lieu Fair Share Contribution to Satisfy Condition "H" of Ordinance No. 97 91. {Fair share contribution in an amount of $144,080.08 would be used for the support of road and traffic improvements as required by Condition H.} {Hakalau Farms, Applicant.} Re: Comm. 1175 Intr. by: Mr. Pilago Approve: PC-126 Res. 519-06: Authorizes Approval of In Lieu Fair Shaze Contribution to Satisfy Condition "L" of Ordinance No. 98 36. {Fair share contribution in an amount of $131,590.54 would be used for the support of park and recreational improvements and facilities as required by Condition L.} {Mike J. Prohoroff, Applicant.} Re: Comm. 1176 Intr. by: Mr. Pilago Approve: PC-127 Res. 520-06: Accepts the Donation of Lot 3-A-1-B of the Kealakehe Homesteads, First Series, Situate at Kealakehe, District of North Kona, County and State of Hawaii, Identified as Tax Map Key: (3)7-4-003:Portion of 009, from Don Mau Sodergren and Maggie Makaleka Kaonohi Sodergren, Co-Trustees. {Containing an area of 397 square feet, more or less, this parcel would allow the County to better maintain the right-of--way at the intersection of Mamalahoa Highway and a Homestead Road for public safety and convenience.} Re: Comm. 1179 Intr. by: Ms. Isbell Approve: FC-365 Res. 521-06: Authorizes the Payment of Funds of a Later Fiscal Yeaz and More Than One Fiscal Yeaz for aMulti-Yeaz (5 Years) Lease of Real Property for Public Pazking in Kainaliu, North Kona, TMK: (3) 7-9-07: 37. {Lease with Oshima Bros., Inc., (aka Oshima Store) would allow the County to construct a temporary off-street public parking lot at a cost of $10,937.43 per year, plus the waiver of the parcel's real property tax (present cost of $950.40 per year).} Re: Comm. 1180 Intr. by: Ms. Isbell Approve: FC-366 Hawaii County Council-50 Page 4 November 29, 2006 Res. 528-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,750 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Parks Maintenance Other Current Expense (Hilo Downtown Improvement Association 2006 Holiday Lights Program). Discretionary funds from District 4 would be used towards costs associated with the Hilo Downtown Improvement Association's 2006 Holiday Lights Program.} Re: Comm. 1202 Intr. by: Mr. Higa Waived: FC Res. 529-06: 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 Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (Friends of the Palace Theater - 5`h Hilo Chinese New Yeaz Festival). Discretionary funds from District 4 would be used as a grant towards Friends of the Palace Theater for the 5`" Annual Hilo Chinese New Year Festival to be held on February 16 and 17, 2007.} Re: Comm. 1203 Intr. by: Mr. Higa Waived: FC Res. 530-06: 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 Department of Pazks and Recreation Culture and Arts Other Current Expense -Miscellaneous Contract Services (Ho`okani Pila). Discretionary funds from District 4 would be used towards travel expenses for Ho`okani Pila, an `ukulele class under the Parks and Recreation Department's Culture and Arts Division, so that they may represent the Big Island at the 2007 `Ukulele Festival on Oahu on July 29, 2007.} Re: Comm. 1204 Intr. by: Mr. Higa Waived: FC Hawaii County Council-50 Page 5 November 29, 2006 Res. 53I-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 Department of Parks and Recreation Elderly Activities Division Recreation Other Current Expense (Kea`au Community Center Supplies). Discretionary funds from District 3 would be used to purchase miscellaneous materials and supplies for the Kea`au Community Center to be used for senior activities and programs.} Re: Comm. 1205 Intr. by: Mr. Arakaki Waived: FC Res. 532-06: 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 Department of Parks and Recreation Parks Maintenance Other Current Expense, Miscellaneous Contract Services (Hilo Downtown Improvement Association 2006 Holiday Lights Program). Discretionary funds from District 3 would be used towards costs associated with the Hilo Downtown Improvement Association's 2006 Holiday Lights Program.} Re: Comm. 1206 Intr. by: Mr. Arakaki Waived: FC Res. 533-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,250 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Parks Maintenance Miscellaneous Contract Services (2006 Holiday Lights Program -Hilo Downtown Improvement Association). Discretionary funds from District 2 would be used towards costs associated with the Hilo Downtown Improvement Association's 2006 Holiday Lights Program.} Re: Comm. 1207 Intr. by: Mr. Ikeda Waived: FC Hawaii County Council-50 Page 6 November 29, 2006 Res. 536-06: 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 Planning, Planning Other Current Expense (Envision Downtown Hilo 2025 Visionkeepers). Discretionary funds from District 4 would be used towards the Envision Downtown Hilo 2025 V isionkeepers for the implementation of the Community-based Vision and Living Action Plan.} Re: Comm. 1212 Intr. by: Mr. Higa Waived: FC Res. 537-06: 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, Miscellaneous Contract Services (Na Kalai Wa`a Moku o Hawaii -Drug Prevention and Youth Anti-Violence Awareness Program). Discretionary funds from District 8 would be used towards Na Kalai Wa`a Moku o Hawai`i's drug prevention and youth anti-violence awareness through aquatic programs, traditional canoe building and navigational and voyaging education.} Re: Comm. 1213 Intr. by: Mr. Pilago Waived: FC Res. 538-06: Authorizes the Mayor to Enter Into aMulti-Yeaz (10 Years) Agreement with the Property Owner of the Project Selected for the Section 8 Project Based Certificate Program. {Encourages property owners to make available rental housing unit(s) to low income families at rents within the current housing fair market rents.} Re: Comm. 1214 Intr. by: Ms. Isbell Waived: FC Res. 539-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $23,655 out and from Clerk-Council Services - Contingency Relief account; credits same to Transfer to Capital Project Fund- General (To be allotted to Park Improvement Projects Council District 7). Discretionary funds from District 7 would be used for the Ali`i Kai Subdivision New Pazk Development Project for the planning and design.} Re: Comm. 1215 Intr. by: Ms. Isbell Waived: FC Hawaii County Council-50 Page 7 November 29, 2006 Res. 544-06: Prioritizes Lands to be Acquired Pursuant to Hawaii County Code Section 2-218. {The acquisition of lands to be financed with the terms of Ordinance No. OS-166 shall be prioritized as follows: 1) Kawa`a/Kawa`a Bay, 2) Waipi`o Lookout Point Parcel, 3) Honoli`i Gulch Property, and 4} Puapua`a Properties.} Re: Comm. 1220 Intr. by: Mr. Holschuh Waived: FC 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 360: 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 State Grants -Narcotics Task Force ($3,699); appropriates same to Narcotics Task Force. Funds would be used for the interdiction of drugs within the County of Hawaii via the apprehension/arresUconviction of the individuals smuggling narcotics into/within our island.} Re: Comm. 1181 Intr. by: Ms. Isbell Approve: FC-367 Bill 363: Amends Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Public Access, Open Space, and Natural Resources Preservation Fund. {Reinstates the purpose section (d) which was inadvertently omitted during the petition process relating to acquiring lands or property entitlements in the County of Hawaii for purposes listed in this section.} Re: Comm. 1201 Intr. by: Ms. Isbell Waived: FC 10:15 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) Hawaii County Council-50 Page 8 November 29, 2006 ORDER OF THE DAY (SECOND OR FINAL 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, Hawaii, Covered by Tax Map Key 7-5-3:7, 8, 9. {SCD Kona 108, LLC, Applicant.} Re: Comm. 766.5 Intr. by: Mr. Pilago Postponed: May 17, June 21, and October 31, 2006 Public Hearing to be Held: November 9, 2006 1~' Reading: November 15, 2006 Bill 258 Amends Chapter 4 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 4): 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 (notjust dogs). Draft 4 contains amendments approved at the Council's November 15, 2006, meeting and are contained in this communication.} Re: Comm. 798.19 Intr. by: Mr. Holschuh 151 Reading: October 31, 2006 Postponed: November 15, 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) Postponed: October 31, 2006 Public Hearing Held: November 14, 2006 1S1 Reading: November 15, 2006 Hawaii County Council-50 Page 9 November 29, 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~' Reading: August 23, 2006 Postponed: September 7, 2006 Public Heazing Held: October 24, 2006 Postponed: November 15, 2006 Public Heazing to be Held: November 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 Mazshall, 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 Leonazd, 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: 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 continues or: the next page.) Hawaii County Council-50 Page 10 November 29, 2006 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 Hilliazd, 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. 964.91: 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 Tarnas, Mazine and Coastal Solutions International, Inc., Planning Consultant to Jacoby Development, Inc., dated October 24, 2006; and Coinm. 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 Hazden, 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. 964.111: From Peter T. Young, Chairperson, Boazd 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. 964.116: From Esta Mazshall, 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: From Martha Simpson, dated October 23, 2006; and Comm. 964.122: From Teresa Collins, dated October 23, 2006; and (Comm. 964.123 continues on the next page.) Hawaii County Council-50 Page 11 November 29, 2006 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. Gazcia, 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. ] 30: 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. ] 32: From Stan and Kitty Lyons, dated October 29, 2006; and Comm. 964.133: From K. Angel Pilago, Council Member, dated November 14, 2006; and Comm. 964. ] 34: From Peter T. Young, Chairperson, Board of Land and Natural Resources, dated November 15, 2006; and Comm. 964.135: From Bob Flatt, dated November 14, 2006; and Comm. 964.136: From Alice M. Sherer, dated November 14, 2006; and Comm. 964.137: From Janice Palma-Glennie, dated November 14, 2006; and Comm. 964.138: From Mark McGuffie, Executive Director, Hawaii Island Economic Development Board, dated November 15, 2006; and Comm. 964.139: From Nancy Benavides, dated November 15, 2006; and Comm. 964.140: From Dore Dokos-Loewenthal, dated November 15, 2006; and Comm. 964.141: From Ann Goody, Curator, Three Ring Ranch Exotic Animal Sanctuary, dated November 15, 2006; and Comm. 964.142: From Susan Decker, dated November 15, 2006; and Comm. 964.143: From Debbie Hecht, dated November 15, 2006; and Comm. 964.144: From Jeff Sacher, dated November 14, 2006; and Comm. 964.145: From Phyllis Hanson, dated November 14, 2006; and Comm. 964.146: From Shannon Rudolph, dated November 14, 2006; and Comm. 964.148: From Todd Dacey, dated November 15, 2006; and Comm. 964.149: From Sally Marone, dated November 12, 2006; and Comm. 964.150: From David Tarnas, Marine and Coastal Solutions International, Inc., Planning Consultant to Jacoby Development, Inc., dated November 15, 2006; and Comm. 964.151: From William J. Paris, Jr., and Wilma J. Paris, dated November 15, 2006; and Comm. 964.152: From Joe Conti, dated November 14, 2006; and Comm. 964.153: From Miles H. Mulcahy, dated November 12, 2006; and Comm. 964.154: From Linda and Bill Horgan, dated November 13, 2006; and Comm. 964.155: From Marjorie Erway, dated November 11, 2006; and Comm. 964.156: From Teresa Collins, dated November 12, 2006; and Comm. 964.157: From Kitty Lyons, dated November 12, 2006; and Comin. 964.158: From Cheryl King, dated November 14, 2006; and Comm. 964.159: From Ken Love, dated November 12, 2006; and Comm. 964.160: From Bob and Mary Dahlager, dated November 12, 2006; and Comm. 964.161: From Nancy Benavides, dated November 14, 2006; and Comm. 964.162: From Nancy and Mark Miller, dated November 14, 2006. Hawaii County Council-SO Page 12 November 29, 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 6-2-11:20 (approx. 5.003 acres). {James and Madeleine T. Budde, Applicants.} Re: Comm. 1081 Intr. by: Mr. Pilago 151 Reading: November 15, 2006 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 Is' Reading: November 15, 2006 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 Square 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) 151 Reading: November 15, 2006 Bill 344: Repeals Ordinance No. 96 81 Which Amended Section 25-114 (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 Intr. by: Mr. Pilago ls` Reading: November 15, 2006 Hawaii County Council-50 Page 13 November 29, 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 ls` Reading: November 15, 2006 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 are 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 15-61 -Organization (Section 15-62(f)).} Re: Comm. 1 ] 33 Intr. by: Mr. Jacobson ls` Reading: November 15, 2006 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 ]s` Reading: November 15, 2006 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 Fisca] Year 2006 ($800,000), Law Enforcement Terrorism Prevention Program Fiscal Year 2006 ($300,000), and Citizen Corps Program Fiscal Year 2006 ($38,582), for a total of $],138,582.} Re: Comm. 1141 Intr. by: Ms. Isbell ls` Reading: November 15, 2006 Hawaii County Council-50 Page 14 November 29, 2006 Bill 355: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year 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 ls' Reading: November 15, 2006 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 expenditure to Wireless E911 System.} Re: Comm. 1143 Intr. by: Ms. Isbell ls' Reading: November 15, 2006 Bill 357: Amends Chapter 24, Article 10, 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 ls' Reading: November 15, 2006 Bill 358 Authorizes the Issuance of General Obligation Bonds of the County of Hawaii for (Draft 2): the Purpose of Funding All or a Portion of the Costs of Various 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 ls' Reading: November 15, 2006 2/3 Vote: Section 47-5, Hawaii Revised Statutes Hawaii County Council-50 Page 15 November 29, 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 ls` Reading: November 15, 2006 BiII 362: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Vehicles and Traffic. {Amendments relate to proposed pazking prohibition, time limit parking, and freight loading zone on Kilauea Avenue, Wilson Street, and Derby Lane.} Re: Comm. 1191 Intr. by: Mr. Higa ls` Reading: November 15, 2006 REPORTS FC-364 Recommends the acceptance of the following donations, which would be used by (Comm. 1 168): various divisions of the Pazks and Recreation Department: monetary donation of $100 by Mr. Ronan S. Fukushima; a company of parrots donated by Harold and Carol Furtado (estimated value of $20,000); a vaziety of ceramic art supplies donated by Mrs. Peggy Wipperman (estimated value of $3,000); and a lifeguard rescue buoy donated by Ms. Carol Elliot (estimated value of $50). REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regazding 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. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council-50 Page 16 November 29, 2006 ANNOUNCEMENTS 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 TUESDAY DECEMBER 19. 2006 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY DECEMBER 20.2006 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA 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 27, 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. Videoconferencing is available at the following locations: • Kona Council Office at the Kailua Trade Center; and • Waimea Council Office at the Holomua Center. If, for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. 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 Hawaii County Council-50 Page 17 November 29, 2006 Office in Hilo at 25 Aupuni Street, Hilo, Hawaii 96720, (2) by facsimile to (808) 961-8912, or (3) by e-mail to counciltessimony@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: [f 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(b), 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 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, December 6, 2006, at 6 p.m.; Sunday, December 10, 2006, at 10:30 a.m.; and Wednesday, December 13, 2006, at 6 p.m. (Hawai`i Tribune Herald -November 27, 2006) (West Hawaii Today -November 27, 2006)