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HomeMy WebLinkAboutAGE COUNCIL 2007/09/06 2006-2008 PETE HOFFMANN "`•~""'4, BRENDA FORD ('hair ~ Presiding Ojfcer INy STAGY K. HIGH E. DONALD IKEDA I<. ANGEL PILAGO BOB JACOBSON ~ 5re c'harr ~ti>•,,,;;C'yi~ EMILY I. NAEOLE • os x~ DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96710 r~.: 19'x' Session ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Thursday, September 6, 2007 8:30 a.m. INVOCATION Pastor Monty Stewart of Kona Church of the Nazarene CALL TO ORDER ROLL CALL, PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES July 25, 2007 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving tyre luterests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council-19 Page 2 September 6, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 273-07 Authorizes the Mayor and the Director of Finance to Negotiate aFive-Year Lease (Draft 2): Agreement with the University of Hawaii at Hilo, College of Agriculture, Forestry, and Natural Resource Management for the Use of 120 Acres of County Land at Koholalele (TMK:4-2-5:001) in Pa`auilo, Hawaii, to Conduct Biofuel Crop Experimentation; and FC-136. Res. 285-07: Delays Council Action on Upzoning in the District of Puna Until the Puna Community Development Plan is Adopted by Ordinance, or Until September 1, 2008, Whichever Shall Occur First. {The delay shall not affect or apply to any and all Federal, State, and County community based/self-help housing projects involving agencies and programs (which are listed in this resolution) or any applications for upzoning submitted prior to the adoption of this resolution.}; and PC-44. Res. 286-07: Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of Wai`ele in the District of Puna, Pursuant to Chapter 2, Article 42, Hawaii County Code, 1983 (2005 Edition, as Amended). {Ranked as a Number 7 priority and assigned a criteria score of 80% for acquisition purposes by the Public Access, Open Space, and Natural Resources Preservation Commission.}; and FC-137. Res. 287-07: Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of Honolulu Landing in the District of Puna, Pursuant to Chapter 2, Article 42, Hawaii County Code, 1983 (2005 Edition, as Amended). {Ranked as a Number 5 priority and assigned a criteria score of 85% for acquisition purposes by the Public Access, Open Space, and Natural Resources Preservation Commission.}; and FC-13 8. Res. 288-07: Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of Cape Kumukahi in the District of Puna, Pursuant to Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition, as Amended). {Ranked as a Number 6 priority and assigned a criteria score of 83% for acquisition purposes by the Public Access, Open Space, and Natural Resources Preservation Commission.};and FC-139. Hawaii County Council-19 Page 3 September 6, 2007 Res. 292-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for a Specialized Investigative Training Grant for the Hawaii County Police Department. {Funds would be used to improve the Department's ability to respond to violent crimes against women through ongoing specialized training for the Juvenile Aid Section detectives.}; and FC-140. Res. 293-07: Authorizes the Director of Finance to Negotiate a Lease of Real Property, Ululani Street Extension, Situate at Waiakea, South Hilo, County and State of Hawaii, Identified as Tax Map Key:(3)2-4-057:031, to the Hawaii Island Veterans Memorial, Inc. {This 3-year lease (with additional renewal options of 5-year increments) would be for the purpose of construction and development of a combined veterans center, veterans housing, and other related purposes.}; and FC-142. Res. 294-07: Changes the Funding Source and the Position Status of the Traffic Safety Coordinator Position. {Grant funding for this position will end in September 2007; however, the County plans to continue the funding and requests changing the position status from temporary to permanent.}; and FC-145. Res. 295-07: Authorizes the Council Chair and the County Clerk to Enter Into a Contract for a Legislative Liaison for the Upcoming State of Hawaii Legislative Session for a Period Not to Exceed 180 Days and Not to Exceed $50,000. {The Legislative Liaison will keep the Council informed of matters affecting Hawaii County during the regular legislative session.}; and FC-146. Res. 297-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for a Hawaii Anti-Trafficking Task Force Grant for the Hawaii County Police Department. {Funds would be used to assist in the battle against human trafficking (victims used in labor exploitation, such as pornography, domestic servitude, and sweatshop factory work).}; and FC-147. Res. 298-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for a Law Enforcement Investigation Standby Pay Grant for the Hawaii County Police Department. {Funds would be used to compensate the Juvenile Aid Section Detectives who are on standby status to respond to violent crimes against women.}; and FC-149. Hawaii County Council-19 Page 4 September 6, 2007 Res. 299-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for a Sexual Assault Forensic Examiner (SAFE) Standby Pay Grant for the Hawaii County Police Department. {Funds would be used to compensate the SAFE nurses who are on standby status and waiting to conduct examinations on victims of sexual assault.}; and FC-151. Iles. 300-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for a Sexual Assault Forensic Examiner (SAFE) Training Grant for the Hawaii County Police Department. {Funds would be used to improve the Department's ability to respond to violent crimes against women, primarily sexual assault, with associated domestic violence, physical abuse, and homicide.}; and FC-153. Res. 301-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $60,600 out and from Clerk-Council Services - Contingency Relief account; credits to the following: Department of Parks and Recreation Friends of the Park, Miscellaneous Charges (Pana`ewa Community Concert -Special Duty Officers) ($3,000); Department of Parks and Recreation, Recreation Division Other Current Expense Supplies (Boxing Equipment) ($1,600); Department of Parks and Recreation, Recreation Division Equipment, Miscellaneous Equipment (Scoreboard Waiakeawaena Baseball Field Installation) ($5,000); Department of Parks and Recreation Culture/Arts Other Current Expense (Queen Lili`uokalani Festival) ($5,000); Department of Parks and Recreation Transfer to Capital Project Fund-General (Repairs to Pana`ewa Community Center and Waiakea Recreation Center Boxing -Council District 4 ($46,000), for a total of $60,600. Contingency Relief funds from District 4 would be used towards various projects, repairs, and purchases.} Res. 307-07: 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 the Mayor Committee on the Status of Women (Teen Dating Violence Conferences). Contingency Relief funds from District 7 would be used towards costs associated with the Teen Dating Violence Prevention Peer Education Conference to be held on October 18 and 19, 2007.} Res. 308-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $900 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific Supplies (Papa`aloa Gym Volleyball System). Contingency Relief funds from District 1 would be used to purchase a volleyball system for the Papa`aloa Gym.} Hawaii County Council-19 Page 5 September 6, 2007 Res. 309-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,600 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Class/Activity, Miscellaneous Charges (Ka Lae Iki Baseball Clinic). Contingency Relief funds from District 1 would be used towards the Ka Lae Iki Baseball Clinic to be held on the Big Island.} Res. 310-07: 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, Recreation Division Class/Activity, Miscellaneous Charges (Papa`aloa Gym Haunted House Event). Contingency Relief funds from District 1 would be used towards the Papa`aloa Gym Haunted House event.} Res. 31 1-07: 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, Recreation Division Other Current Expense, Equipment Repairs/Maintenance (Pahoa Community Center-New Refrigerator). Contingency Relief funds from District 1 would be used towards the purchase of a new refrigerator for the Pahoa Community Center. } Res. 312-07: 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 (Honoka`a United Nations International Day of Peace Parade and Festival). Contingency Relief funds from District 1 would be used to help defray costs for the Honoka`a United Nations Intemational Day of Peace Parade and Festival to be held on September 23, 2007, in Honoka`a.} Res. 317-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the Disaster Recovery Coordinators Grant. {Authorizes the Mayor to execute an agreement and related documents, which would enable the County to accept and use the Disaster Recovery Coordinators grant funds as noted in the U.S. Department of Award Agreement (see Exhibit "A"). } Hawaii County Council-19 Page 6 September 6, 2007 Res. 318-07: Creates a Project Coordinator (Temporary) Position and a Senior Account Clerk (Temporary) Position for the Department of Public Works. {Funds would be used for the creation of a Project Coordinator (Temporary) position and a Senior Account Clerk (Temporary) position for the Public Works Departrnent to organize a team for the management of post-disaster (October 15, 2006, earthquake) economic rebuilding and revitalization activities for the County.} Res. 319-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $40,000 out and from Clerk-Council Services- Contingency Relief account; credits same to Department of Public Works Transfer to Highway Fund (Waikoloa Emergency Access Road &Pakanu Street Paving). Contingency Relief funds from District 9 would be used to pave portions of the emergency access road extending from Hulu Street in Waikoloa Village to Queen Ka`ahumanu Highway and to complete paving of Pakanu Street in Waikoloa.} Res. 320-07: Amends Resolution No. 16-07, Drafr 2, by Extending the Temporary Delay of Council Action on Rezoning Applications in the Districts of North and South Kona Until the North and South Kona Community Development Plan is Adopted by Ordinance, or Until March 1, 2008, Whichever Shall Occur First. {Extends the sunset date referred to in Resolution 16-07, Draft 2, from September 1, 2007, to March 1, 2008.} 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 125: Amends Ordinance No. 93-101, Which Reclassified Lands from Office Commercial - 20,000 Square Feet (CO-20) to General Commercial - 20,000 Square Feet (CG-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-021:007 (Formerly 2-2-021:007 and 046) (Request: Amendment to Condition B [Plan Approval] and J [Annual Report]; approx. 20,812 square feet). {Dr. Brian and Ramona Sakamoto, Applicants.}; PC-39. ;and Comm. 508.1: From Planning Committee Chair K. Angel Pilago, dated August 2, 2007, transmitting a proposed amendment to Bill 125. Bill 126: 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 - 3 Acre (A-3a) to Family Agricultural - 2 Acre (FA-2a) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-5-040:018 (approx. 4.852 acres). {Francis and Martha Rodillas, Applicants.}; and PC-40. Hawaii County Council-19 Page 7 September 6, 2007 Bill 137: 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:2-2-036:090 (approx. 22,500 square feet). {Cynthia Thomas, Applicant.}; and PC-41. Bill 138 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 Agricultural - 1 Acre (A-la) to Neighborhood Commercial - 20,000 Square Feet (CN-20) at Ponahawai, South Hilo, Hawaii, Covered by Tax Map Key:2-3-037:009 (approx. 1.020 acres). {Guy Nakao, Applicant.); and PC-42. Bill 141: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants- Specialized Investigative Training ($39,865); appropriates same to Specialized Investigative Training Grant.}; and FC-141. Bil 1142: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: North Kona Sewer -County [$500,000] $3,960,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($3,460,000). Additional funds are due to anticipated increased project costs and would be used to cover contingency, construction, engineering and administration costs.}; and FC-143. Bil 1143: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: North Kona Effluent Reuse Upgrade - County [$766,000] $4,861,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($4,095,000). Additional funds are due to anticipated increased project costs and would be used to cover contingency, construction, engineering, and administration costs.}; and FC- 144. Bill 145: Amends Chapter ]8, Article 4, Division 1, Subsection 18-90(H), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Public Transportation. {Extends the original two-year time period of the designated transportation kokua zone until December 31, 2009.}; and PWIRC-31. Bill 146: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants - Hawaii Anti-Trafficking Task Force ($15,000); appropriates same to Hawaii Anti-Trafficking Task Force.}; and FC-148. Hawaii County Council-19 Page 8 September 6, 2007 Bil 1147: Amends Ordinance No. 07-82, as Amended, the Operating Budget for [he County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Law Enforcement Investigations Standby Pay ($32,486); appropriates same to Law Enforcement Investigations Standby Pay.}; and FC-150. Bi II 148: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Sexual Assault Forensic Examiner (SAFE) Standby Pay ($23,484); appropriates same to SAFE Standby Pay.}; and FC-152. Bill 149: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Sexual Assault Forensic Examiner (SAFE) Training Grant ($51,600); appropriates same to SAFE Training Grant.}; and FC-154. Bill 150: Amends Chapter 32, Articles 2, 5, and 6, of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Community Facilities Districts. {Amendment relates to required appraisals of properties within community facilities districts and clarifies the applicability of special taxes to certain leasehold and other possessory interests.}; and FC-155. ;and Comm. 597.2: From Finance Director William Takaba, dated August 24, 2007, transmitting Bill 150, Drafr 2. Draft 2 corrects a clerical error contained in Section 32-54(a); and Bi II 150 Amends Chapter 32, Articles 2, 5, and 6, of the Hawaii County Code 1983 (Draft 2): (2005 Edition, as Amended) Relating to Community Facilities Districts. Bill 166: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Disaster Recovery Coordinators ($160,250); appropriates same to Disaster Recovery Coordinators.} 1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION ORDER OF THE DAY (SECOND OR FINAL READING) Bill 51 Amends Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition), as (Draft 5): Amended, Relating to Stormwater Management. {Updates Chapter 27 to conform to Federal Flood Insurance Program standards.} Hawaii Cowity Council-19 Page 9 September 6, 2007 Bill I51 Amends Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition, as (Draft 2): Amended), Relating to Floodplains and Other Flood Hazard Areas. {Satisfies the minimum National Flood Insurance Program requirements and increases regulation of flood areas and requirements for permits.} Bill 113 Amends Ordinance No. OS-157, Which Amended Ordinance No. 95-51, Which (Draft 3): Amended Ordinance No. 90-160, and Which Reclassified Lands from Agricultural 5-Acre (Formerly Unplanned) and Multiple Family Residential 1,500 Square Feet (RM-1.5) to Residential and Agricultural 1 Acre (RA-la) and Open (O) Districts at Waikoloa, South Kohala, Hawaii, Covered by Tax Map Key:6-8-002:PoRion 016 and 6-8-003:Portion 032 (Request: Amendment to Change of Zone Ordinance No. OS-157 relating to Conditions B, C, and I; approx. 761 acres). {Waikoloa Mauka, LLC, Applicant.} Bi II 128: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($500); appropriates same to Fire Prevention - Other Current Expense.} Bill 129: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($5,700); appropriates to the following: Waimea Police- Other Current Expense ($1,900), Kohala Police -Other Current Expense ($1,900), and Kona Police-Other Current Expense ($1,900), for a total of $5,700.} Bill 130: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($1,000); appropriates same to Hawaii Island Police Activities League -Other Current Expense.} Bill 131: Amends Chapter 2, Article 15, Subsection 2-91.1(c), Hawaii County Code 1983 2005 Edition), as Amended, Relating to the Disclosure of Financial Interests. {Increases the requirements of property disclosures, as well as increases in salaries and market values of assets that have occurred over the years.} Bil 1132: Amends Chapter 2, Article 15, Section 2-82, Hawaii County Code 1983 (2005 Edition), as Amended, Relating to the Code of Ethics. {Exempts "Officers" who have been appointed as members of boards or commissions, with only advisory powers and functions, from filing financial disclosures.} Hawaii County Council-19 Page 10 September 6, 2007 Bill 144; Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Adds PUBLIC WORKS: Mohouli-Kumukoa Traffic Signal System Project ($1,800,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($1,800,000). Funds would be used to install a traffic signal system at the Mohouli-Kumukoa intersection.} REPORTS PSPRC-7 Recommends approval of the nomination of Mr. Norman S. Stahl and Mr. John R. (Comm. 553): Young to the Veterans Advisory Commission. ;and Comm. 553.3: From Parks and Recreation Director Patricia G. Engelhard, dated August 22, 2007, requesting this matter be placed towards the end of this agenda. 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 1 1 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 607: UPW V. COUNTY OF HAWAII, ET. AL. CIVIL NO. 98-244 (ALLEGED ILLEGAL PRIVATIZATION OF JANITORIAL AND GROUND MAINTENANCE CONTRACTS) From Corporation Counsel Lincoln S. T. Ashida, dated August 15, 2007. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, SEPTEMBER 18, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY SEPTEMBER 19 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, OCTOBER 2. 2007 COMMITTEES TBA COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-19 Page 11 September 6, 2007 WEDNESDAY, OCTOBER 3, 2007 COUNCIL 9:OOa.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 for this meeting should call 961-8255 by September 4, 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. VideoconferencinK is available at the following locations: • Hilo Council Room at the Ben Franklin Building, Second Floor, 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. 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 (I) 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 couuciltestimony@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 I5, 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, September 12, 2007, at 6 p.m.; Sunday, September 16, 2007, at 10:30 a.m.; and Wednesday, September 19, 2007, at 6 p.m. PC.TE HOFFMANN ".r BRENDA FORD Choir R Presiding Officer ~ STACY K. RIGA DONALD IKEDA IC ANGEL PILAGO BOB JACOBSON riceCha~r ?••7. EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawai `i County Building 25 Aupunr Street Hilo, Hawai `i 96720 19'~ Session ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Annotated Version (This is an unofficial annotated version of the agenda for use by Council Members and departmental officials.) Thursday, September 6, 2007 8:30 a.m. INVOCATION Pastor Monty Stewart of Kona Church of the Nazarene CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES July 25, 2007 (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-19 Page 2 September 6, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 273-07 Authorizes the Mayor and the Director of Finance to Negotiate aFive-Year Lease (Draft 2): Agreement with the University of Hawaii at Hilo, College of Agriculture, Forestry, and Natural Resource Management for the Use of 120 Acres of County Land at Koholalele (TMK:4-2-5:001) in Pa`auilo, Hawaii, to Conduct Biofuel Crop Experimentation. Re: Comm. 549.2 Intr. by: Mr. Yagong Approve: FC-136 Res. 285-07: Delays Council Action on Upzoning in the District of Puna Until the Puna Community Development Plan is Adopted by Ordinance, or Until September 1, 2008, Whichever Shall Occur First. {The delay shall not affect or apply to any and all Federal, State, and County community based/self-help housing projects involving agencies and programs (which are listed in this resolution) or any applications for upzoning submitted prior to the adoption of this resolution.} Re: Comm. 568 Intr. by: Ms. Naeole Approve: PC-44 Res. 286-07: Authorizes the Director of Finance to Enter lnto Negotiations for the Acquisition of Wai`ele in the District of Puna, Pursuant to Chapter 2, Article 42, Hawaii County Code, 1983 (2005 Edition, as Amended). {Ranked as a Number 7 priority and assigned a criteria score of 80% for acquisition purposes by the Public Access, Open Space, and Natural Resources Preservation Commission.} Re: Comm. 569 Intr. by: Ms. Naeole Approve: FC-137 Hawaii County Council-19 Page 3 September 6, 2007 Res. 287-07: Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of Honolulu Landing in the District of Puna, Pursuant to Chapter 2, Article 42, Hawaii County Code, 1983 (2005 Edition, as Amended). {Ranked as a Number 5 priority and assigned a criteria score of 85% for acquisition purposes by the Public Access, Open Space, and Natural Resources Preservation Commission.} Re: Comm. 570 Intr. by: Ms. Naeole Approve: FC-138 Res. 288-07: Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of Cape Kumukahi in the District of Puna, Pursuant to Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition, as Amended). {Ranked as a Number 6 priority and assigned a criteria score of 83% for acquisition purposes by the Public Access, Open Space, and Natural Resources Preservation Commission.} Re: Comm. 57 L Intr. by: Ms. Naeole Approve: FC-139 Res. 292-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for a Specialized Investigative Training Grant for the Hawaii County Police Department. {Funds would be used to improve the Department's ability to respond to violent crimes against women through ongoing specialized training for the Juvenile Aid Section detectives.} Re: Comm. 583 Intr. by: Mr. Yagong Approve: FC-140 Res. 293-07: Authorizes the Director of Finance to Negotiate a Lease of Real Property, Ululani Street Extension, Situate at Waiakea, South Hilo, County and State of Hawaii, Identified as Tax Map Key:(3)2-4-057:031, to the Hawaii Island Veterans Memorial, Inc. {This 3-year (ease (with additional renewal options of 5-year increments) would be for the purpose of construction and development of a combined veterans center, veterans housing, and other related purposes.} Re: Comm. 584 Intr. by: Mr. Yagong Approve: FC-142 Hawaii County Council-19 Page 4 September 6, 2007 Res. 294-07: Changes the Funding Source and the Position Status of the Traffic Safety Coordinator Position. {Grant funding for this position will end in September 2007; however, the County plans to continue the funding and requests changing the position status from temporary to permanent.} Re: Comm. 587 Intr. by: Mr. Yagong Approve: FC-145 Res. 295-07: Authorizes the Council Chair and the County Clerk to Enter Into a Contract for a Legislative Liaison for the Upcoming State of Hawaii Legislative Session for a Period Not to Exceed 180 Days and Not to Exceed $50,000. {The Legislative Liaison will keep the Council informed of matters affecting Hawaii County during the regular legislative session.} Re: Comm. 589 Intr. by: Mr. Hoffmann Approve: FC-146 Res. 297-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for a Hawaii Anti-Trafficking Task Force Grant for the Hawaii County Police Department. {Funds would be used to assist in the battle against human trafficking (victims used in labor exploitation, such as pornography, domestic servitude, and sweatshop factory work).} Re: Comm. 593 Intr. by: Mr. Yagong Approve: FC-147 Res. 298-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for a Law Enforcement Investigation Standby Pay Grant for the Hawaii County Police Department. {Funds would be used to compensate the Juvenile Aid Section Detectives who are on standby status to respond to violent crimes against women.} Re: Comm. 594 Intr. by: Mr. Yagong Approve: FC-149 Hawaii County Council-19 Page 5 September 6, 2007 Res. 299-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for a Sexual Assault Forensic Examiner (SAFE) Standby Pay Grant for the Hawaii County Police Department. {Funds would be used to compensate the SAFE nurses who are on standby status and waiting to conduct examinations on victims of sexual assault. } Re: Comm. 595 Intr. by: Mr. Yagong Approve: FC-151 Res. 300-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for a Sexual Assault Forensic Examiner (SAFE) Training Grant for the Hawaii County Police Department. {Funds would be used to improve the Department's ability to respond to violent crimes against women, primarily sexual assault, with associated domestic violence, physical abuse, and homicide.} Re: Comm. 596 Intr. by: Mr. Yagong Approve: FC-153 Res. 301-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $60,600 out and from Clerk-Council Services - Contingency Relief account; credits to the following: Department of Parks and Recreation Friends of the Park, Miscellaneous Charges (Pana`ewa Community Concert -Special Duty Officers) ($3,000); Department of Pazks and Recreation, Recreation Division Other Current Expense Supplies (Boxing Equipment) ($1,600); Department of Parks and Recreation, Recreation Division Equipment, Miscellaneous Equipment (Scoreboard Waiakeawaena Baseball Field Installation) ($5,000); Department of Parks and Recreation Culture/Arts Other Current Expense (Queen Lili`uokalani Festival) ($5,000); Department of Parks and Recreation Transfer to Capital Project Fund-General (Repairs to Pana`ewa Community Center and Waiakea Recreation Center Boxing-Council District 4 ($46,000), for a total of $60,600. Contingency Relief funds from District 4 would be used towards various projects, repairs, and purchases.} Re: Comm. 600 Intr. by: Mr. Higa Waived: FC ;und Comm. 600.1: From Council Member Stacy K. Higa, dated August 10, 2007, transmitting Contingency Relief Funds Request forms which were inadvertently not included with Communication 600. Hawaii County Council-19 Page 6 September 6, 2007 Res. 307-07: 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 the Mayor Committee on the Status of Women (Teen Dating Violence Conferences). Contingency Relief funds from District 7 would be used towards costs associated with the Teen Dating Violence Prevention Peer Education Conference to be held on October 18 and 19, 2007.} Re: Comm. 613 Intr. by: Ms. Ford Waived: FC Res. 308-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $900 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific Supplies (Papa`aloa Gym Volleyball System). Contingency Relief funds from District 1 would be used to purchase a volleyball system for the Papa`aloa Gym.} Re: Comm. 614 Intr. by: Mr. Yagong Waived: FC Res. 309-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,600 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Class/Activity, Miscellaneous Charges (Ka Lae Iki Baseball Clinic). Contingency Relief funds from District 1 would be used towards the Ka Lae Iki Baseball Clinic to beheld on the Big Island.} Re: Comm. 615 Intr. by: Mr. Yagong Waived: FC Res. 310-07: 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, Recreation Division Class/Activity, Miscellaneous Charges (Papa`aloa Gym Haunted House Event). Contingency Relief funds from District 1 would be used towards the Papa`aloa Gym Haunted House event.} Re: Comm. 616 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-19 Page 7 September 6, 2007 Res. 311-07: 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, Recreation Division Other Current Expense, Equipment Repairs/Maintenance (Pahoa Community Center-New Refrigerator). Contingency Relief funds from District 1 would be used towards the purchase of a new refrigerator for the Pahoa Community Center. } Re: Comm. 617 Intr. by: Mc Yagong Waived: FC Res.312-07: 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 (Honoka`a United Nations International Day of Peace Parade and Festival). Contingency Relief funds from District 1 would be used to help defray costs for the Honoka`a United Nations International Day of Peace Parade and Festival to be held on September 23, 2007, in Honoka`a.} Re: Comm. 618 Intr. by: Mr. Yagong Waived: FC Rcs. 317-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the Disaster Recovery Coordinators Grant. {Authorizes the Mayor to execute an agreement and related documents, which would enable the County to accept and use the Disaster Recovery Coordinators grant funds as noted in the U.S. Department of Award Agreement (see Exhibit "A").} Re: Comm. 637 Intr, by: Mr. Yagong Waived: FC Res. 318-07: Creates a Project Coordinator (Temporary) Position and a Senior Account Clerk (Temporary) Position for the Department of Public Works. {Funds would be used for the creation of a Project Coordinator (Temporary) position and a Senior Account Clerk (Temporary) position for the Public Works Department to organize a team for the management of post-disaster (October 15, 2006, earthquake) economic rebuilding and revitalization activities for the County.} Re: Comm. 637 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-19 Page 8 September 6, 2007 Res.319-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $40,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Department of Public Works Transfer to Highway Fund (Waikoloa Emergency Access Road &Pakanu Street Paving). Contingency Relief funds from District 9 would be used to pave portions of the emergency access road extending from Hulu Street in Waikoloa Village to Queen Ka`ahumanu Highway and to complete paving of Pakanu Street in Waikoloa.} Re: Comm. 638 Intr. by: Mr. Hoffmann Waived: FC Res. 320-07: Amends Resolution No. 16-07, Drafr 2, by Extending the Temporary Delay of Council Action on Rezoning Applications in the Districts of North and South Kona Until the North and South Kona Community Development Plan is Adopted by Ordinance, or Until March 1, 2008, Whichever Shall Occur First. {Extends the sunset date referred to in Resolution 16-07, Drafr 2, from September 1, 2007, to March 1, 2008.} Re: Comm. 639 Intr. by: Mr. Pilago Waived: PC 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FHtST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 125: Amends Ordinance No. 93-101, Which Reclassified Lands from Office Commercial - 20,000 Square Feet (CO-20) to General Commercial - 20,000 Square Feet (CG-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-021:007 (Formerly 2-2-021:007 and 046) (Request: Amendment to Condition B [Plan Approval] and J [Annual Report]; approx. 20,812 square feet). {Dr. Brian and Ramona Sakamoto, Applicants.} Re: Comm. 508 Intr. by: Mr. Hoffmann Approve: PC-39 ;and Comm. 508. I : From Planning Committee Chair K. Angel Pilago, dated August 2, 2007, transmitting a proposed amendment to Bill 125. Hawaii County Council-19 Page 9 September 6, 2007 Bil 1126: 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 - 3 Acre (A-3a) to Family Agricultural - 2 Acre (FA-2a) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-5-040:0] 8 (approx. 4.852 acres). {Francis and Martha Rodillas, Applicants.} Re: Comm. 509 Intr. by: Mr. Hoffmann Approve: PC-40 Bil 1137: 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-]0) to Industrial-Commercial Mixed - 20,000 Square Feet (N)CX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-036:090 (approx. 22,500 square feet). {Cynthia Thomas, Applicant.} Re: Comm. 563 Intr. by: Mr. Pilago Approve: PC-41 Bill 138 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 Agricultural - 1 Acre (A-la) to Neighborhood Commercial - 20,000 Square Feet (CN-20) at Ponahawai, South Hilo, Hawaii, Covered by Tax Map Key:2-3-037:009 (approx. 1.020 acres). {Guy Nakao, Applicant.} Re: Comm. 564.2 Intr. by: Mr. Pilago Approve: PC-42 Bil 1141: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Specialized Investigative Training ($39,865); appropriates same to Specialized Investigative Training Grant.} Re: Comm. 583 Intr. by: Mr. Yagong Approve: FC-141 Hawaii County Council-19 Page 10 September 6, 2007 Bil 1142: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: North Kona Sewer-County [$500,000] $3,960,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($3,460,000). Additional funds are due to anticipated increased project costs and would be used to cover contingency, construction, engineering, and administration costs.} Re: Comm. 585 Intr. by: Mc Yagong Approve: FC-143 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bil 1143: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: North Kona Effluent Reuse Upgrade - County [$766,000] $4,861,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($4,095,000). Additional funds are due to anticipated increased project costs and would be used to cover contingency, construction, engineering, and administration costs.} Re: Comm. 586 Intr. by: Mr. Yagong Approve: FC-144 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 145: Amends Chapter 18, Article 4, Division 1, Subsection 18-90(H), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Public Transportation. {Extends the original two-year time period of the designated transportation kokua zone until December 31, 2009.} Re: Comm. 591 Intr. by: Mr. Hoffmann Approve: PWIRC-31 Bill 146: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants - Hawaii Anti-Trafficking Task Force ($15,000); appropriates same to Hawaii Anti-Trafficking Task Force.} Re: Comm. 593 Intr. by: Mr, Yagong Approve: FC-148 Hawaii County Council-19 Page 1 I September 6, 2007 Bil 1147: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Law Enforcement ]nvestigations Standby Pay ($32,486); appropriates same to Law Enforcement Investigations Standby Pay.} Re: Comm. 594 Intr. by: Mr. Yagong Approve: FC-150 Bi II 148: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Sexual Assault Forensic Examiner (SAFE) Standby Pay ($23,484); appropriates same to SAFE Standby Pay.} Re: Comm. 595 Intr. by: Mr. Yagong Approve: FC-152 Bill 149: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Sexual Assault Forensic Examiner (SAFE) Training Grant ($51,600); appropriates same to SAFE Training Grant.} Re: Comm. 596 Intr. by: Mr. Yagong Approve: FC-154 Bill 150: Amends Chapter 32, Articles 2, 5, and 6, of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Community Facilities Districts. {Amendment relates to required appraisals of properties within community facilities districts and clarifies the applicability of special taxes to certain leasehold and other possessory interests.} Re: Comm. 597 Intr. by: Mr. Yagong Approve: FC-155 ;and Comm. 597.2: From Finance Director William Takaba, dated August 24, 2007, transmitting Bill 150, Draft 2. Draft 2 corrects a clerical error contained in Section 32-54(a); and Bill 150 Amends Chapter 32, Articles 2, 5, and 6, of the Hawaii County Code 1983 (Draft 2): (2005 Edition, as Amended) Relating to Community Facilities Districts. Intr. by: Mr. Yagong Hawaii County Council-19 Page 12 September 6, 2007 Bil 1166: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants -Disaster Recovery Coordinators ($160,250); appropriates same to Disaster Recovery Coordinators.} Re: Comm. 637 Intr. by: Mr. Yagong Waived: FC 1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION ORDER OF THE DAY (SECOND OR FINAL READING) Bill 51 Amends Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition), as (Draft 5): Amended, Relating to Stormwater Management. {Updates Chapter 27 to conform to Federal Flood Insurance Program standards.} Re: Comm. 176.160 Intr. by: Mr. Higa 1 s' Reading: August 22, 2007 Postponed: June 1 and July 10 and 25, 2007 Bill 151 Amends Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition, as (Draft 2): Amended), Relating to Floodplains and Other Flood Hazard Areas. {Satisfies the minimum National Flood Insurance Program requirements and increases regulation of flood areas and requirements for permits.} Re: Comm. 598.19 Intr. by: Ms. Ford 1 s' Reading: August 22, 2007 Hawaii County Council-19 Page 13 September 6, 2007 Bill 113 Amends Ordinance No. OS-157, Which Amended Ordinance No. 95-51, Which (Draft 3): Amended Ordinance No. 90-160, and Which Reclassified Lands from Agricultural 5-Acre (Formerly Unplanngd) and Multiple Family Residential 1,500 Square Feet (RM-1.5) to Residential and Agricultural 1 Acre (RA-la) and Open (O) Districts at Waikoloa, South Kohala, Hawaii, Covered by Tax Map Key:6-8-002:Portion 016 and 6-8-003:Portion 032 (Request: Amendment to Change of Zone Ordinance No. OS-157 relating to Conditions B, C, and I; approx. 761 acres). {Waikoloa Mauka, LLC, Applicant.} Re: Comm. 481.4 Intr. by: Mr. Pilago 1" Reading: July 25,2007 Held Over Pursuant to Council Rule 25(e): August 22, 2007 (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Jacobson to approve Bill 113, as amended (Draft 3). Bil 1128: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($500); appropriates same to Fire Prevention - Other Current Expense. } Re: Comm. 526 Intr. by: Mr. Yagong ls' Reading: August 22, 2007 Bi II 129: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($5,700); appropriates to the following: Waimea Police -Other Current Expense ($1,900), Kohala Police -Other Current Expense ($1,900), and Kona Police -Other Current Expense ($1,900), for a total of $5,700.} Re: Comm. 532 Intr. by: Mr. Yagong ls` Reading: August 22, 2007 a Bill 130: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($1,000); appropriates same to Hawaii Island Police Activities League -Other Current Expense.} Re: Comm. 533 Intr. by: Mr. Yagong 1"Reading: August 22, 2007 Hawaii County Council-19 Page 14 September 6, 2007 Bill 131: Amends Chapter 2, Article 15, Subsection 2-91.1(c), Hawaii County Code 1983 2005 Edition), as Amended, Relating to the Disclosure of Financial Interests. {Increases the requirements of property disclosures, as well as increases in salaries and market values of assets that have occurred over the years.} Re: ~ Comm. 536 Intr. by: Mr. Hoffmann 151 Reading: August 22, 2007 Bil 1132: Amends Chapter 2, Article 15, Section 2-82, Hawaii County Code 1983 (2005 Edition), as Amended, Relating to the Code of Ethics. {Exempts "Officers" who have been appointed as members of boards or commissions, with only advisory powers and functions, from filing financial disclosures.} Re: Comm. 537 Intr. by: Mr. Hoffmann ls` Reading: August 22, 2007 Bill 144: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 3Q 2008. {Adds PUBLIC WORKS: Mohouli-Kumukoa Traffic Signal System Project ($1,800,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($1,800,000). Funds would be used to install a traffic signal system at the Mohouli-Kumukoa intersection.} Re: Comm. 588 Intr, by: Mr. Yagong 1 s` Reading: August 22, 2007 2/3 Vote: Section 10-6(d), Hawai`i County Charter REPORTS PSPRC-7 Recommends approval of the nomination of Mr. Norman S. Stahl and Mr. John R. (Comm. 553): Young to the Veterans Advisory Commission. ;and Comm. 553.3: From Parks and Recreation Director Patricia G. Engelhard, dated August 22, 2007, requesting this matter be placed towards the end of this agenda. REFERRALS FOR EXECUTIVE SESSION fhe 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 1 1 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Hawaii County Council-19 Page 15 September 6, 2007 Comm. 607: UPW V. COUNTY OF HAWAII, ET. AL. C[VIL NO. 98-244 (ALLEGED ILLEGAL PRIVATIZATION OF JANITORIAL AND GROUND MAINTENANCE CONTRACTSI From Corporation Counsel Lincoln S. T. Ashida, dated August 15, 2007. OTHER BUSINESS pncluding but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, SEPTEMBER 18, 2007 COMM[TTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, SEPTEMBER 19, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, OCTOBER 2, 2007 COMMITTEES TBA COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, OCTOBER 3, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM - H1LO 333 Kilauea Avenue Ben Franklin Building Second Floor ADJOURNMENT No[e: 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 [o the proposal. fhe meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by September 4, 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. I lawai`i County Council-19 Page 16 September 6, 2007 V ideoconferencine is available at the following locations: • Hilo Council Room at the Ben Franklin Building, Second Floor; 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. 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 counciltestdmony@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. fn 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, September 12, 2007, at 6 p.m.; Sunday, September 16, 2007, at 10:30 a.m.; and Wednesday, September 19, 2007, at 6 p.m.