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HomeMy WebLinkAboutAGE COUNCIL 2007/07/10 2006-2008 PETE HOFFMANN BRENDA FORD '6 STACY K. HIGA Chair & Presiding O,~cer '4S. DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON vice Chair y EMILY I. NAEOLE ~ DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 _ c_. 15`~ Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Tuesday, July 10, 2007 8:30 a.m. INVOCATION Reverend Larry Walter of First United Protestant 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.) Serving the Interests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council-15 Page 2 July ]0, 2007 MEMORIALS, CERTIFICATES OF MERTT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 231-07: Accepts the Dedication of 1,224 Square Feet, More or Less (for Existing Drainage Channel) from Maya Z. Hamburger, Trustee of the Maya Z. Hamburger Trust, Situated at Pa`au`au, District of Ka`u, County and State of Hawaii, Being a Portion of Tax Map Key No. (3)9-6-022:045, to the County of Hawaii. {Department of Puhlic Works has plans and funding for continuing and maintaining the existing drainage channel (providing runoff and flood control to portions of Pahala Village Subdivision, 9"' Series, and its public roadways).}; and FC-113. Res. 234-07: Authorizes the Acceptance of the Sewage Works Constructed by Surf and Land LLC, and Authorizes the Reimbursement of the Partial Cost for the Sewage Works. {The sewer line extension is located at Holualoa 1~` and 2"tl, North Kona, Hawaii, along Stardust Lane and connects to the existing County system located on Ali`i Drive.};and EMC-7. Res. 235-07: Requests the Planning Director to Initiate an Ordinance to Amend Chapter 25, Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Zoning. {Permits wind energy facilities in the Open zoned district, provided that a use permit is issued for each use.}; and PC-34. Res. 236-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the Justice Assistance Grant. {Funds would be used by the Police Department to start a Documents Management System utilizing DVD storage to replace their present system of microfilming police reports, and to purchase new portable Alternate Light Source kits that enhance trace evidence detection at crime scenes.}; and FC-] 14. Res. 237-07: Authorizes the Acceptance of a Donation of an "E Series ACLS" Defibrillator, Rechargeable Lithium Ion Battery Pack, Pediahic Blood Pressure Cuff, Large Adult Blood Pressure Cuff and In-Service Training Compact Disc from the Ocean View Community Association to the Hawaii Fire Department. {Donated items have a total estimated value of $19,640.30 and would be assigned to the Hawaiian Ocean View Estates fire station to provide improved emergency medical services for the Ocean View community.}; and FC-115. Hawaii County Council-15 Page 3 July 10, 2007 Res. 242-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Culture and Arts Other Current Expense (4th of July 2007). Discretionary funds from District 4 would be used towards defraying some of the costs associated with the 4~' of July 2007 program.} Res. 243-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $9,200 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense (Waiakea Recreation Center -mats). Discretionary funds from District 4 would be used towards the purchase and installation of new mats for the Waiakea Recreation Center.} Res. 244-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $8,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Cun•ent Expense (Positive Coaching Alliance Big Island). Discretionary funds from District 3 would be used towards the Positive Coaching Alliance Big Island's certification training program.} Res. 250-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease (three years) of Real Property at the Hilo Lagoon Centre for the Department of Research and Development. {Unit #1014C located at the Hilo Lagoon Centre, 101 Aupuni Street, Hilo, contains an area of 2,622 square feet (lease will begin on August 1, 2007).} Res. 251-07: 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, Recreation Division Other Current Expense (15'n Annual Biggest Easter Egg Hunt-$1,000; Halloween Pro~ram-$1,000). Discretionary funds from District 3 would be used towards the 15` Annual Biggest Easter Egg Hunt and the Halloween program.} Res. 252-07: Accepts the Grant of Easement from Classic Pacific Kona LLC to Repair Mamalahoa Highway in Honokohau ls`, North Kona, Hawaii, Due to the Earthquake of October I5, 2006. {Acceptance of the grant of easement would allow the County access over Classic Pacific Kona LLC's property to repair Mamalahoa Highway.} Hawaii County Council-15 Page 4 July ]0, 2007 Res. 253-07: Authorizes the Exchange of Real Property with Edmund D. Broussard, Richard D. Broussard, and Morris Broussard, Tax Map Keys:(3)4-3-012:021 and 022. {The Water Supply Department desires to exchange Tax Map Key:(3)4-3-012:021 (site of an existing tank and pump station) with Lot 17-B-2-A-2 (location of a new tank site) situated at Pa`auilo Homesteads.} Res. 254-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,300 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Elderly Activities Division (EAD) Special Programs Other Current Expense ($800 to EAD Special Progams Other Current Expense (OCE) Miscellaneous Contracts, $1,500 to EAD Special Programs OCE Miscellaneous Charges, Hawaii State Senior Citizens Softball Tournament). Discretionary funds from District 8 would be used towards costs associated with hosting the 2007 Hawaii State Senior Citizens Softball Tournament at Kailua Park.} Res. 255-07: Approves the Cost Adjustments and Benefits for Excluded Employees of the Legislative Branch of the County of Hawaii. {Adopts the provisions of Executive Order No. 148 issued by Mayor Harry Kim on June 25, 2007.} Res. 256-07: 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, Recreation Division Other Current Expense (15s' Annual Biggest Easter Egg Hunt-$1,000 Halloween Program-$1,000). Discretionary funds from District 4 would be used towards the "15s' Annual Biggest Easter Egg Hunt" and the Halloween programs.} Res. 257-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,300 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Elderly Activities Division (EAD) Special Programs Other Current Expense (OCE) ($800 to EAD Special Programs OCE Miscellaneous Contracts, $1,500 to EAD Special Programs OCE Miscellaneous Charges, Hawaii State Senior Citizens Softball Tournament). Discretionary funds from District 9 would be used towards costs associated with hosting the 2007 Hawaii State Senior Citizens Softball Tournament at Kailua Park.} 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) AND REFERRALS FOR EXECUTIVE SESSION Hawaii County Council-15 Page 5 July 10, 2007 BILLS FOR ORDINANCES (FIRST READING) Bill 51 Amends Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition), as (Draft 4): Amended, Relating to Stormwater Management. {Updates Chapter 27 to conform with Federal Insurance program standards and increases regulation of flood areas and requirements for permits.}; and PWIRC-21 ;and Comm. 176.117: From Council Chair Pete Hoffmann, dated June 18, 2007, transmitting a proposed amendment to Bill 51, Draft 4. Bill 82: Amends Ordinance No. 02-21, Which Amended Ordinance No. 98-87, Which Amended Ordinance No. 90-008, and Which Reclassified Lands from Agricultural - 20 Acre (A-20a) to Agricultural - 3 Acre (A-3a) at Kahua 151, North Kohala, Hawaii, Covered by Tax Map Key 5-9-007:007 (Time Extension to Condition C - Subdivision Approval; approx. 28.832 acres). {Elwin F. Hussey, Applicant.}; and PC-35. Bill ] 10: 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 Agricultural 1-Acre (A-la) to Neighborhood Commercial - 2Q000 Square Feet (CN-20) at Ponahawai, South Hilo, Hawaii, Covered by Tax Map Key 2-3-037:011 (approx. 1.022 acres). {Justin Pittullo and Nancy Hamada, Applicants.}; and PC-33 ;and Comm. 456.1: From Council Member Brenda Ford, dated June 22, 2007, transmitting a proposed amendment. Bill 1 15: Amends Chapter 11 (Housing Code) of the Hawaii County Code 1983 (1995 Edition), as Amended by Ordinance OS-23, by Amending Sections 11-3(5) to Require Affordable Units to be the Primary Residence of a Buyer or Renter and 11-5(c) to Ensure that Developers Maintain Affordability and Compliance with Resale Restrictions. REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92S(a)(4), Hawai` i 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. 7.3: WASTE REDUCTION TECHNOLOGY REQUEST FOR PROPOSAL (RFP) N0. 2210 REOUEST FOR EXECUTIVE SESSION From Finance Director William Takaba, dated June 25, 2007. Hawaii County Council-15 Page 6 July 10, 2007 Comm. 176.84; BILL 51, DRAFT 3, REGARDING AMENDMENTS TO HAWAII COUNTY CODE CHAPTER 27 FLOOD CONTROL From Deputy Corporation Counsel Ivan M. Torigoe, dated May 23, 2007. Comm. 493: CLAIM AGAINST THE COUNTY/PATSY S. HAMADA From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 26, 2007. 1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, AND OTHER BUSINESS ORDER OF THE DAY (SECOND OR FINAL READING) Bill 74 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Drafr 3): 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 Neighborhood Commercial - 40,000 Square Feet (CN-40) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-39:31, 57, 68, and 69 (approx. 88,317 square feet). {Ginger Patch, DP, LLC, Applicant.} Bill ] 06 Amends Chapter 19, Article 1 (Administration), Section 19-2, and Article 7 (Tax (Drafr 3): Maps; Valuations), Section 19-53, of the Hawaii County Code 1983 (2005 Edition), as Amended, Relating to Affordable Rental Housing Classification. {Provides tax incentives to owners of properties rented at "affordable" rates,} ;and Comm. 438.4: From Council Member Bob Jacobson, dated June 27, 2007, transmitting a proposed amendment to Bill 106, Drafr 3. Bill 112: Amends Chapter 11, Article 1, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Affordable Housing. {Extends the requirements for affordable housing to properties which are being subdivided or developed under plan approval, in cases where the property was zoned without specific affordable housing requirements.} Bill 156 Amends Chapter 11 (Housing), Article 1, Section 11-4(d), Hawai`i County Code (Draft 6) 1983 (2005 Edition), to Include Affordable Housing Requirements for Industrial (2004-2006): Park Developments. {Requires industrial park developments, consisting of multiple individual enterprises which cumulatively generate over 100 employees on a fulltime equivalent basis, to earn one affordable housing credit for every four fulltime equivalentjobs created; and rezonings to ML, MG, or MCX, approved after the effective date of this ordinance with a potential to generate more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created.} Hawaii County Council-15 Page 7 July 10, 2007 Bill 326 Amends Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (Draft 3) (2005 Edition, as Amended), Relating to a University District. {Adds a new (2004-2006): definition of "University" to Section 25-1-5 and a new division entitled "UNV, University District" to Article 7, "Special District Regulations".} (Note: There is a pending motion by Mr. Higa and duly seconded by Ms. Naeole to approve Bi11326, Draft 3. There is a pending motion by Mr. Higa and duly seconded by Mr. Ikeda to amend Bi11326, Draft 3, with Communication 155.6.) ;and Comm. 155.6: From Council Member Stacy K. Higa, dated June 1, 2007, transmitting proposed amendments to Bill 326, Draft 3. REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ending May 31, 2007. PWIRC-26 Recommends approval of the nomination of Mr. Myles Y. Miyasato (Council (Comm. 425): District I) to the Transportation Commission. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 517: UPDATE ON VETERANS DAY PARADE PLANS From Council Chair Pete Hoffmann, dated June 29, 2007. ANNOUNCEMENTS TUESDAY. JULY 24, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY. JULY 25.2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, JULY 31, 2007 COUNCIL PUBLIC 6:00 p.m. COUNCIL ROOM - HILO HEARING RE 333 Kilauea Avenue RESOLUTION 109-07, Ben Franklin Building DRAFT 2 (Special Fuel Second Floor Tax Program) Hawaii County Council-15 Page 8 July iQ 2007 ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by July 6, 2007. 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 ] 03, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 333 Kilauea Avenue, Hilo, Hawai` i 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. Videoconferencine is available at the following locations: • Kona Council Office at the Kailua Trade Center; and • Waimea Council Office at the Holomua Center. [f, for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. Submitting Testimony: Those persons wishing to testify in person must register with the Council/Clerk's staff: Those testifying in person and submitting written testimony should bring seventeen (17) copies of the testimony for distribution at the meeting. Those persons unable to testify in person 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. For testimonies submitted by a-mail or fax, 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 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, July 18, 2007, at 6 p.m.; Sunday, July 22, 2007, at 10:30 a.m.; and Wednesday, July 25, 2007, at 6 p.m. PETE HOFFMANN BRENDA FORD ~ •~~'''•,4 Chair & Presiding Officer STACY K. HIGA DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON Vice Chair ~'•~,~,M~w~ EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County ofHawai'i Hawar'i County Burtdi»g 15 Aupunr Stree[ Hilo, Hawaii 96710 15`h Session ORDER OF BUSINESS Hawaii County Council 333 K7lauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Annotated Version (This is an unofficial annotated version of the agenda for use by Council Members and departmental officials.) Tuesday, July 10, 2007 8:30 a.m. INVOCATION Reverend Larry Walter of First United Protestant 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.) Serving the Interests ojthe People ojOur Island Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council-15 Page 2 July 10, 2007 MEMORIALS, CERTIFICATES OF MERTT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 231-07: Accepts the Dedication of 1,224 Square Feet, More or Less (for Existing Drainage Channel) from Maya Z. Hamburger, Trustee of the Maya Z. Hamburger Trust, Situated at Pa`au`au, District of Ka`u, County and State of Hawaii, Being a Portion of Tax Map Key No. (3)9-6-022:045, to the County of Hawaii. {Department of Public Works has plans and funding for continuing and maintaining the existing drainage channel (providing runoff and flood control to portions of Pahala Village Subdivision, 9`s Series, and its public roadways).} Re: Comm. 455 Intr. by: Mr. Yagong Approve: FC-113 Res. 234-07: Authorizes the Acceptance of the Sewage Works Constructed by Surf and Land LLC, and Authorizes the Reimbursement of the Partial Cost for the Sewage Works. {The sewer line extension is located at Holualoa ls` and 2"d, North Kona, Hawaii, along Stardust Lane and connects to the existing County system located on Ali`i Drive.} Re: Comm. 470 Intr. by: Mr. Jacobson Approve: EMC-7 Res. 235-07: Requests the Planning Director to Initiate an Ordinance to Amend Chapter 25, Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Zoning. {Permits wind energy facilities in the Open zoned district, provided that a use permit is issued for each use.} Re: Comm. 472 Intr. by: Mr. Hoffmann Approve: PC-34 Hawaii County Council-15 Page 3 July 10, 2007 Res. 236-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the Justice Assistance Grant. {Funds would be used by the Police Department to start a Documents Management System utilizing DVD storage to replace their present system of microfilming police reports, and to purchase new portable Alternate Light Source kits that enhance trace evidence detection at crime scenes.} Re: Comm. 473 Intr. by: Mr. Yagong Approve: FC-114 Res. 237-07: Authorizes the Acceptance of a Donation of an "E Series ACLS" Defibrillator, Rechargeable Lithium Ion Battery Pack, Pediatric Blood Pressure Cuff, Large Adult Blood Pressure Cuff and In-Service Training Compact Disc from the Ocean View Community Association to the Hawaii Fire Department. {Donated items have a total estimated value of $19,640.30 and would be assigned to the Hawaiian Ocean View Estates fire station to provide improved emergency medical services for the Ocean View community.} Re: Comm. 474 Intr. by: Mr. Yagong Approve: FC-115 Res. 242-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Culture and Arts Other Current Expense (4th of July 2007). Discretionary funds from District 4 would be used towards defraying some of the costs associated with the 4`" of July 2007 program.} Re: Comm. 489 Intr. by: Mc Higa Waived: FC Res. 243-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $9,200 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense (Waiakea Recreation Center -mats). Discretionary funds from District 4 would be used towards the purchase and installation of new mats for the Waiakea Recreation Center.} Re: Comm. 490 Intr. by: Mr. Higa Waived: FC Hawaii County Council-15 Page 4 July 1Q 2007 Res. 244-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $8,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Pazks and Recreation, Recreation Division Other Current Expense (Positive Coaching Alliance Big Island). Discretionary funds from District 3 would be used towards the Positive Coaching Alliance Big Island's certification training program.} Re: Comm. 492 Intr. by: Mr. Yoshimoto Waived: FC Res. 250-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year Lease (three years) of Real Property at the Hilo Lagoon Centre for the Department of Research and Development. {Unit #1014C located at the Hilo Lagoon Centre, 101 Aupuni Street, Hilo, contains an azea of 2,622 square feet (lease will begin on August 1, 2007).} Re: Comm. 510 Intr. by: Mr. Yagong Waived: FC Res. 251-07: 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, Recreation Division Other Current Expense (15's Annual Biggest Easter Egg Hunt-$1,000; Halloween Pro~ram-$1,000). Discretionary funds from District 3 would be used towards the 15` Annual Biggest Easter Egg Hunt and the Halloween program.} Re: Comm. 511 Intr. by: Mr. Yoshimoto Waived: FC Res. 252-07: Accepts the Grant of Easement from Classic Pacific Kona LLC to Repair Mamalahoa Highway in Honokohau ls`, North Kona, Hawaii, Due to the Earthquake of October 15, 2006. {Acceptance of the grant of easement would allow the County access over Classic Pacific Kona LLC's property to repair Mamalahoa Highway.} Re: Comm. 512 Intr. by: Ms. Ford (B/R) Waived: PWIRC Hawaii County Council-l5 Page 5 July 1Q 2007 Res. 253-07: Authorizes the Exchange of Real Property with Edmund D. Broussard, Richard D. Broussard, and Morris Broussazd, Tax Map Keys:(3)4-3-012:021 and 022. {The Water Supply Department desires to exchange Tax Map Key:(3)4-3-012:021 (site of an existing tank and pump station) with Lot 17-B-2-A-2 (location of a new tank site) situated at Pa`auilo Homesteads.} Re: Comm. 513 Intr. by: Mr. Yagong Waived: FC Res. 254-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,300 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Pazks and Recreation, Elderly Activities Division (EAD) Special Programs Other Current Expense ($800 to EAD Special Programs Other Current Expense (OCE) Miscellaneous Contracts, $1,500 to EAD Special Programs OCE Miscellaneous Charges, Hawaii State Senior Citizens Softball Tournament). Discretionary funds from District 8 would be used towards costs associated with hosting the 2007 Hawaii State Senior Citizens Softball Tournament at Kailua Park.} Re: Comm. 514 Intr. by: Mr. Pilago Waived: FC Res. 255-07: Approves the Cost Adjustments and Benefits for Excluded Employees of the Legislative Branch of the County of Hawaii. {Adopts the provisions of Executive Order No. 148 issued by Mayor Harry Kim on June 25, 2007.} Re: Comm. 515 Intr. by: Mr. Hoffmann Waived: FC Res. 256-07: 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, Recreation Division Other Current Expense (15`" Annual Biggest Easter Egg Hunt-$1,000 Halloween Program-$1,000). Discretionary funds from District 4 would be used towards the "15th Annual Biggest Easter Egg Hunt" and the Halloween programs.} Re: Comm. 516 Intr. by: Mr. Higa Waived: FC Hawaii County Council-15 Page 6 July 10, 2007 Res. 257-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,300 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Elderly Activities Division (EAD) Special Programs Other Current Expense (OCE) ($800 to EAD Special Programs OCE Miscellaneous Contracts, $1,500 to EAD Special Programs OCE Miscellaneous Charges, Hawaii State Senior Citizens Softball Tournament). Discretionary funds from District 9 would be used towards costs associated with hosting the 2007 Hawaii State Senior Citizens Softball Tournament at Kailua Pazk.} Re: Comm. 518 Intr. by: Mr. Hoffmann Waived: FC 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) AND REFERRALS FOR EXECUTIVE SESSION BILLS FOR ORDINANCES (FIIiST READING) Bill 51 Amends Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition), as (Draft 4): Amended, Relating to Stormwater Management. {Updates Chapter 27 to conform with Federal Insurance program standards and increases regulation of flood areas and requirements for permits.} Re: Comm. 176.112 Intr. by: Mr. Hoffmann Approve: PWIRC-21 Postponed: June 1, 2007 ,and Comms. 176.113-176.16; and Comm. 176.117: From Council Chair Pete Hoffmann, dated June 18, 2007, transmitting a proposed amendment to Bill 51, Draft 4; and Comm. 176.1 18: From Public Works Director Bruce C. McClure, P. E., dated June 29, 2007, transmitting summazies of two Flood Plain Management Community Group meetings held on June 22 and June 26, 2007 (to work on a draft for the Flood Plain Management Program bill). Bill 82: Amends Ordinance No. 02-21, Which Amended Ordinance No. 98-87, Which Amended Ordinance No. 90-008, and Which Reclassified Lands from Agricultural - 20 Acre (A-20a) to Agricultural - 3 Acre (A-3a) at Kahua 1 s`, North Kohala, Hawaii, Covered by Tax Map Key 5-9-007:007 (Time Extension to Condition C - Subdivision Approval; approx. 28.832 acres). {Elwin F. Hussey, Applicant.} Re: Comm. 306 Intr. by: Mr. Pilago Approve: PC-35 Hawaii County Council-15 Page 7 July 10, 2007 Bill 110: 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 Agricultural 1-Acre (A-la) to Neighborhood Commercial - 20,000 Square Feet (CN-20) at Ponahawai, South Hilo, Hawaii, Covered by Tax Map Key 2-3-037:011 (approx. 1.022 acres). {Justin Pittullo and Nancy Hamada, Applicants. } Re: Comm. 456 Intr. by: Mr. Pilago Approve: PC-33 ,and Comm. 456.1: From Council Member Brenda Ford, dated June 22, 2007, transmitting a proposed amendment. Bill 115: Amends Chapter 1 I (Housing Code) of the Hawaii County Code 1983 (1995 Edition), as Amended by Ordinance OS-23, by Amending Sections 11-3(5) to Require Affordable Units to be the Primary Residence of a Buyer or Renter and 11-5(c) to Ensure that Developers Maintain Affordability and Compliance with Resale Restrictions. Re: Comm. 485 Intr. by: Mr. Hoffmann Approve: CHA -June 19, 2007 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. 7.3: WASTE REDUCTION TECHNOLOGY REQUEST FOR PROPOSAL (RFP) NO. 2210 REOUEST FOR EXECUTIVE SESSION From Finance Director William Talcaba, dated June 25, 2007. Comm. 176.84: BILL 51, DRAFT 3, REGARDING AMENDMENTS TO HAWAII COUNTY CODE, CHAPTER 27, FLOOD CONTROL From Deputy Corporation Counsel Ivan M. Torigoe, dated May 23, 2007. Postponed: June 1, 2007 Comm. 493: CLAIM AGAINST THE COUNTY/PATSY S. HAMADA From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 26, 2007. Hawaii County Council-15 Page 8 July 10, 2007 1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, AND OTHER BUSINESS ORDER OF THE DAY (SECOND OR FINAL READING) Bill 74 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Drafr 3): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single-Family Residential - 10,000 Square Feet (RS-10) to Neighborhood Commercial - 40,000 Square Feet (CN-40) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-39:31, 57, 68, and 69 (approx. 88,317 square feet). {Ginger Patch, DP, LLC, Applicant.} Re: Comm. 255.6 Intr, by: Ms. Ford 1 s` Reading: June 1, 2007 Held Over Pursuant to Council Rule 25(e): June 2Q, 2007 Bill 106 Amends Chapter 19, Article 1 (Administration), Section 19-2, and Article 7 (Tax (Draft 3): Maps; Valuations), Section 19-53, of the Hawaii County Code 1983 (2005 Edition), as Amended, Relating to Affordable Rental Housing Classification. {Provides tax incentives to owners of properties rented at "affordable" rates.} Re: Comm. 438.5 Intr. by: Mr. Pilago ls` Reading: June 20, 2007 ;and Comm. 438.4: From Council Member Bob Jacobson, dated June 27, 2007, Vansmitting a proposed amendment to Bill 106, Drafr 3. Bill 112: Amends Chapter 11, Article 1, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Affordable Housing. {Extends the requirements for affordable housing to properties which are being subdivided or developed under plan approval, in cases where the property was zoned without specific affordable housing requirements.} Re: Comm. 465 Intr. by: Mr. Hoffmann 1 s` Reading: June 20, 2007 Hawaii County Council-15 Page 9 July 1Q 2007 Bill 156 Amends Chapter 11 (Housing), Article 1, Section 11-4(d), Hawai`i County Code (Draft 6) 1983 (2005 Edition), to Include Affordable Housing Requirements for Industrial (2004-2006): Park Developments. {Requires industrial pazk developments, consisting of multiple individual enterprises which cumulatively generate over 100 employees on a fulltime equivalent basis, to earn one affordable housing credit for every four fulltime equivalent jobs created; and rezonings to ML, MG, or MCX, approved after the effective date of this ordinance with a potential to generate more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created.} Re: Comm. 200.46 Intr. by: Mr. Yagong Postponed: November 9 and December 7, 2005 1 s` Reading: Mazch 9, 2007 Held Over Pursuant to Council Rule 26(e): March 21, April 4 and 18, 2007 Filed: May 2, 2007 (due to the vote of 4-ayes and 5-noes) Reconsidered: May 16, 2007 (motion to reconsider passes due to the vote of 8-ayes and 1-no) Held Over Pursuant to Council Rule 11-9(b):June 1, 2007 (Note: Pursuant to Council Rule No. 11-9(b), due to the tie vote of 4-ayes, 4-noes, and 1-absent, this matter has been placed on this agenda.) Held Over Pursuant to Council Rule 25(e): June 20, 2007 Bill 326 Amends Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (Drafr 3) (2005 Edition, as Amended), Relating to a University District. {Adds a new (2004-2006): deSnition of "University" to Section 25-1-5 and a new division entitled "UNV, University District" to Article 7, "Special District Regulations".} Re: Comm. 155.4 Intr. by: Mr. Higa ls` Reading: May 2, 2007 Held Over Pursuant to Council Rule 25(e): May 16, 2007 Postponed: June I, 2007 (Note: There is a pending motion by Mr. Higa and duly seconded by Ms. Naeole to approve Bi11326, Draft 3. There is a pending motion by Mr. Higa and duly seconded by Mr. Ikeda to amend Bi11326, Draft 3, with Communication 155.6.) ;and Comm. 155.6: From Council Member Stacy K. Higa, dated June 1, 2007, transmitting proposed amendments to Bill 326, Draft 3. Hawaii County Council-15 Page 10 July 10, 2007 REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ending May 31, 2007. PWIRC-26 Recommends approval of the nomination of Mr. Myles Y. Miyasato (Council (Comm. 425): District 1) to the Transportation Commission. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 517: UPDATE ON VETERANS DAY PARADE PLANS From Council Chair Pete Hoffmann, dated June 29, 2007. ANNOUNCEMENTS TUESDAY, JULY 24. 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, JULY 25, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, JULY 31, 2007 COUNCIL PUBLIC 6:00 p.m. COUNCIL ROOM - HILO HEARING RE 333 Kilauea Avenue RESOLUTION 109-07, Ben Franklin Building DRAFT 2 (Special Fuel Second Floor Tax Program) ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 96]-8255 by July 6, 2007. 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. Hawaii County Council-15 Page 11 July 1Q, 2007 Videoconferencine is available at the following locations: • Kona Council Office at the Kailua Trade Center; and • Waimea Council Office at the Holomua Center. If, for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. Submittine Testimony: Those persons wishing to testify in person must register with the Council/Clerk's staff. Those testifying in person and submitting written testimony should bring seventeen (171 copies of the testimony for distribution at the meeting. Those persons unable to testify in person 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. For testimonies submitted by e-mail or fax, 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(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, July 18, 2007, at 6 p.m.; Sunday, July 22, 2007, at 10:30 a.m.; and Wednesday, July 25, 2007, at 6 p.m.