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HomeMy WebLinkAboutAGE COUNCIL 2007/08/22 2006-2008 I'l~a'E HOFFMANN ~`•~'~"•!!r,~ BRENDA FORD ~,w r7r~nr ~Y~ l7evdrnh U~eer STACY K. HIGA DONALD IKEDA It. ANGEL PILAGO . ~ BOB 1AGOBSON ~ ¢r ('hnrr o~,w~y~ EMILY 1. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County ofHawai'i Hawai `i Couniy building 25 Aupuni Street Hito, Hawai `i 9672D 18°i Session REVISED AGENDA ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, August 22, 2007 8:00 a.m. INVOCATION Captain Michael Lutcher of the Salvation Army CALL 'FO ORDER ROLL CALL PLF.DGF. OF ALLEGIANCE APPROVAL OF MINUTES August 1 and July 10, 2007 (Nate: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving [he Interests of tl:e Penp/e of Our Island Nuwui`i Couttty is utt E~lual Opportuuity Provider and Employer. Hawaii County Council-18 Page 2 August 22, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE B:UU A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 109-07 Modifies the Special Fuel Tax Program. {Sets the fuel tax amount at zero cents for (Draft 2): biodiesel fuels containing 20 percent or greater by volume of biodiesel.}; and FC-95. kes. 262-07: Authorizes the Acceptance of a Monetary Donation of $500 to the Hawaii Fire Department. {Donated by Wal-Mar[ Hilo as part of its "Safe Neighborhood Grant" program and would be used by the Department to establish and operate its Explorer program.}; and FC-130. Res. 264-07: Authorizes the Acceptance of a Monetary Donation of $5,700 to the Hawaii County Police Department. {Donated by the employees of Metzler Contracting Co., LLC, and would be used by the Department for community-oriented events administered or sponsored by them in the districts of North and South Kohala and North Kona.}; and FC-132. Res. 265-07: Authorizes the Acceptance of a Monetary Donation of $1,000 to the Hawaii County Police Department. {Donated by the Hawaii Police Athletic Federation and would be used for the Department's Hawaii Island Police Activities League (HI-PAL) program.}; and FC-] 34. Res. 281-07: Transfers/Appropriates an Appropriation Out and From Che 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 [o Department of Parks and Recreation Culture/Arts Other Current Expense (1 Annual Veterans Day Parade). Contingency relief funds from District 6 would be used to support the Veterans Day Parade.} Res. 282-07: 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 Culture/Arts Other Current Expense (1 s' Annual Veterans Day Parade). Contingency relief funds from District 3 would be used as a grant towards the 1" Annual Veterans Day Parade. };and Comm. 561.1: From Council Member J Yoshimoto, dated August 2, 2007, transmitting a proposed amendment to Resolution 282-07. Hawaii County Council-18 Page 3 August 22, 2007 Kes. 283-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same [o a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expense (1 s` Annual Veterans Day Parade). Contingency relief funds from District 2 would be used to defray expenses for the 1 s' Annual Veterans Day Parade. } Res. 284-07: 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 Culture/Arts Other Current Expense (First Annual Veterans Day Parade). Contingency relief funds from District 5 would be used as a grant for the First Annual Veterans Day Parade.} Res. 289-07: 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, Culture and Arts Other Current Expense (1" Annual Veterans Day Parade). Contingency relief funds from District 7 would be used towards costs associated with the Veterans Memorial Parade.} Res. 290-07: 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, Culture and Arts Other Current Expense (1s' Annual Veterans Day Parade). Contingency relief funds from District 9 would be used to defray expenses for the 1'" Annual Veterans Day Parade.} Res. 291-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services -Contingency Relief account; credits same to Clerk-Council Services Other Current Expense (Reimbursement for Dennis Tulang). Contingency relief funds from District 3 would be used to reimburse travel and meal expenses incurred by Mr. Dennis fulang while assisting constituents of Council District 3 with disconnecting from their large capacity cesspool.} Hawaii County Council-18 Page 4 August 22, 2007 Res. 296-07: Amends Resolution 544-06, Which Prioritized Lands to be Acquired Pursuant to Section 2-2] 8(a) of the Hawaii County Code 1983 (2005 Edition, as Amended). {Amends Resolution 544-06 by re-prioritizing the list of the acquisition of lands by moving the Number 2 ranked Waipi`o Lookout Point Parcel to Number 1 (along with presently ranked Number I acquisition of Kawa`a/Kawa`a Bay) and requests the Mayor and his Administration to finalize the acquisition process as initiated by Resolution 427-06.} 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST RF,ADING) BILLS FOR ORDINANCES (FIRST READING) Bill 51 Amends Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition), as (Draft 4): Amended, Relating to Stonnwater 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. 176.1 17: From Council Chair Pete Hoffmann, dated June l8, 2007, transmitting a proposed amendment to Bill 51, Draft 4; and Comm. 176.119: From Council Member Brenda Ford, dated July 4, 2007, transmitting proposed amendments to Bill 51, Draft 4; and Comm. 176,120: From Council Member Brenda Ford, dated July 10, 2007, transmitting a proposed amendment (housekeeping). Bill 151: Amends Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Floodplains and Other Flood Hazard Areas. {Satisfies the minimum National Flood Insurance Program (NFIP) requirements and includes additional changes to Chapter 27, as listed in Communication 598.} Bill 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.}; and FC-131. Bill 129: Amends Ordinance No. 07-82, as Amended, Che 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 I ,900), and Kona Police -Other Current Expense ($1,900), for a total of $5,700.}; and FC-133. 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.}; and FC-135. Hawaii County Council-18 Page 5 August 22, 2007 Bill 131: Amends Chapter 2, Article 15, Subsection 2-91.](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.}; and PWIRC-29. Bill 132: 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.}; and PWIRC-30. 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 Craffic signal system at the Mohouli-Kumukoa intersection.} 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS ORDER OF THE DAY (SECOND OR FINAL READING) Bill I 1 1 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-1 a) to Multiple Family Residential - 4,000 Square Feet (RM-4) at Ponahawai, South Hilo, Hawaii, Covered by Tax Map Key 2-3-037:017 (approx 1.298 acres). {Guy Miller, Applicant.} Bill 113 Amends Ordinance No. OS-157, Which Amended Ordinance No. 95-51, Which (Draft 2): 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:Portion Ol b 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.};and Comm. 481.3: From Council Member K. Angel Pilago, dated August 2, 2007, transmitting proposed amendments to Bill 113, Drafr 2. Hawaii County Council-18 Page 6 August 22, 2007 13111 I I4: Planning Director Initiated: Amends Section 25-8-7 (North and South Kohala District Zone Map) and Section 25-8-11 (Lalamilo-Puukapu Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 40 Acre (A-40a) and Agricultural - I Acre (A-1 a) to Agricultural -400 Acre (A-400a) at Waimea, South Kohala, Hawaii, Covered by Tax Map Key 6-5-001:020 (approx. 420. l7 acres). Bill 116: Amends Chapter 5, Article Subsection 5-1.0.12(d) (Building), Chapter 9, Article 5, Division 2, Section 9-42 (Electricity), and Chapter 17, Article 2, Division 5, Section 17-28 (Plumbing), Hawaii County Code ]983 (2005 Edition), as Amended, to Exempt Habitat for Humanity Construction Projects from Building, Electrical, and Plumbing Permit Fees. {Proposed fee exemptions for Habitat construction projects would reduce costs for Habitat participants occupying these affordable homes.} Bi II 117: 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 -Secure Digital Forensic Imaging ($31,790); appropriates same to Secure Digital Forensic Imaging.} Bill 118: 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 -Cell Phone/Personal Data Assistants (PDA) Violence ($30,000); appropriates same to Cell Phone/PDA Violence Grant.} Bill 119: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July I, 2007 to June 30, 2008. {Establishes the following program appropriations: Projects (Engineering) ($2,700,000), ADA Curb Cut and Accessible Route Program ($500,000), and Local Road Improvements ($4,000,000), for a total of $7,200,000; funds shall be provided from that portion of the Highway Fund which is designated as the Fuel Tax Increase Account No. 3104.06, and which consists of the increased fuel tax revenues created pursuant to Resolution Nos. 192-97 and 241-98. This is the fifth and final increment of fuel tax revenues established by these resolutions. (The specific projects are listed in "Exhibit A" of the bill.)} Bill 120: 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 -Equipped to Do Battle Against Domestic Violence ($2,576); appropriates same to Equipped to Do Battle Against Domestic Violence.} Hawaii County Council-18 Page 7 August 22, 2007 Bill 121: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition), Relating to Vehicles and Traffic. {Amends Article 10, Division 2, Section 24-265, Schedule 13, Subsection (c), by adding "Kilauea Avenue, north bound, at Bridge No. 22-7, approaching Haihai Street."} Bill 122: 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 HOUSING AND COMMUNITY DEVELOPMENT: Waikoloa Workforce Housing Project ($34,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($34,000,000). Funds would initially be used to provide for pre-development costs of the Waikoloa Workforce Housing (Kamakoa) Project, part of Phase 1 infrastructure, and one park, known as Phase 1-A.} Bill 123: Authorizes the Issuance of General Obligation Bonds of the County of Hawaii for the Purpose of Funding Costs of the Waikoloa Workforce Housing Project; Fixing the Form, Denominations, and Certain Other Details of Such Bonds and Providing for the Sale Thereof; and Authorizes the Taking of Other Actions Relating to the Issuance and Sale of the Bonds. {Principal amount not to exceed $40,000,000 for the purpose of funding costs of the Waikoloa Housing Project.} Bill 124: Amends Chapter 7 of the Hawaii County Code 1983 (2005 Edition, as Amended), Civil Defense, Relating to Loitering. {Adds a mens rea, or state of mind, element of "knowingly" to Sections 7-9 and 7-] 0 in order to be in compliance with Hawaii Appellate Court ruling in Slate v. Keawemauhili as well as a housekeeping measure which amends "tidal wave" to "tsunami."} Bill 127: 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: Lai`o`pua Connector Road Project ($1,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance andfor Other Sources ($1,500,000). Additional funds would enable the Public Works Department to award this project and execute the construction contract. Funds also include monies for contingencies and construction management assistance. } Bil 1133: 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 Homeless Transitional Housing Units ($400,000); appropriates same to Homeless Transitional Housing Units (for the purchase of these units and for fimding to the Office for Social Ministry).} Hawaii County Council-18 Page 8 August 22, 2007 Bill 134: Amends Chapter 14, Article 1 Q of the Hawaii County Code ]983 (2005 Edition), Relating to Exceptional Trees. {Requests the following tree be designated as an "Exceptional Trees": Valencia Orange (Vancouver) (Citrus sinensis), TMK:8-1-009:001, Kaawaloa, South Kona.} Bill 135: Amends Chapter 14, Article 10, of the Hawaii County Code, as Amended, Relating to Exceptional Trees. {Requests the following tree be removed from [he "Exceptional Trees" list: 4. `Ohe (Tetraphlasandra meiandra), TMK:8-1-009:001, Manuka State Park.} Bill 136: Amends Chapter 14, Article 10, of the Hawaii County Code, as Amended, Relating to Exceptional Trees. {Requests the following tree be removed from the "Exceptional Trees" list: 3. Koki`o (Kokia rockii), TMK:8-1-009:001, Manuka State Park.} RF,YORTS PSPRC-6 Recommends approval of the nomination of Mr. Delbert Nishimoto (Council (Comm. 520): District 2) to the Veterans Advisory Committee. 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 11 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 606: BRIDGE AINA LEA VS. NWCORAM, ET AL., CIVIL NO. OS-1-0003 From Deputy Corporation Counsel Brandon A. K. Gonzalez, dated August 14, 2007. Hawaii County Council-18 Page 9 August 22, 2007 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 465.10: MAYOR'S VETO MESSAGE REGARDING BILL 1 ]2, RELATING TO AFFORDABLE HOUSING From Mayor Harry Kim, dated August 1, 2007, returning Bill 112, stating his reason for disapproval, as listed in Communication 465.10; and Bill 112: Amends Chapter 11, Article 1, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating [o 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.} Note: In order for this bill to become law, the Council must vote (by majority) to reconsider it, within 30 days after it is returned; and to approve it again (2/3 majority vote) (see Article III, Section 3-12, Hawaii County Charter). For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. Comm. 200.49: MAYOR'S VETO MESSAGE REGARDING BILL 156, DRAFT 6 (2004-2006), RELATING TO AFFORDABLE HOUSING REQUIREMENTS FOR INDUSTRIAL PARK DEVELOPMENTS From Mayor Harry Kim, dated August 1, 2007, returning Bill 156, Draft 6 (2004-2006), stating his reason for disapproval, as listed in Communication 200.49; and Bill 156 Amends Chapter 11 (Housing), Article 1, Section ] 1-4(d), Hawai`i County Code (Draft 6) 1983 (2005 Edition), to hiclude 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 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.} Note: In order for this bill to become law, the Council must vote (by majority) to reconsider it, within 30 days after it is returned; and to approve it again (2/3 majority vote) (see Article III, Section 3-12, Hawaii County Charter). For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. Hawaii County Council-18 Page 10 August 22, 2007 ANNOUNCEMENTS WEDNESDAY, SEPTEMBER 5, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA THURSDAY, SEPTEMBER 6. 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, SEPTEMBER 18, 2007 COMMI"fTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, SEPTEMBER 19, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation `By Request' on behalf of the requesting party. [t does not necessarily signify support of or opposition to the proposal. fhe meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by August 20, 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: • Kona Council Office at the Kailua Trade Center; and • Waimea Council Office at the Holomua Center. II; fur 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. Submittinc Testimony: Those persons wishing to testify in person must register with the Council/Clerk's staff. l'hose 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 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.hawadi.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. Hawaii County Council-18 Page 11 August 22, 2007 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 2-913(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 2-913(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, August 29, 2007, at 6 p.m.; Sunday, September 2, 2007, at 1030 a.m.; and Wednesday, September 5, 2007, at 6 p.m. PG"fL HOPFMANN MtYOry,~' BRENDA FORD c"h~ir<c l'residingO~finer ~ STACY K. HIGH i. DONALD IKEDA K. ANGEL PILAGO . • BOB JACOBSON ~7ce c'6mr ~irr,o~,w~Y~ EMILY L NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 18°i Session REVISED AGENDA ORDER OF BUSINESS Hawaii County Council 333 Kilauea 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.) Wednesday, August 22, 2007 8:00 a.m. INVOCATION Captain Michael Lutcher of the Salvation Army CALL'I'O ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MJNUTES August I and July 10, 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 mi Equal Opportunity Provider and Employer. Hawaii County Council-18 Page 2 August 22. 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 109-07 Modifies the Special Fuel Tax Program. {Sets the fuel tax amount at zero cents for (Draft 2): biodiesel fuels containing 20 percenC or greater by volume of biodiesel.} Re: Comm. 261.5 Intr. by: Mr. Jacobson Approve: FC-95 Postponed: May 2, 2007 (pending public hearing) Public Hearing: July 31, 2007 Res. 262-07: Authorizes the Acceptance of a Monetary Donation of $500 to the Hawaii Fire Department. {Donated by Wal-Mart Hilo as part of its "Safe Neighborhood Grant" program and would be used by the Department to establish and operate its Explorer program.} Re: Comm. 526 Intr. by: Mr. Yagong Approve: FC-130 Res. 264-07: Authorizes the Acceptance of a Monetary Donation of $5,700 to the Hawaii County Police Department. {Donated by the employees of Metzler Contracting Co., LLC, and would be used by the Department for community-oriented events administered or sponsored by them in the districts of North and South Kohala and North Kona.} Re: Comm. 532 Intr. by: Mr. Yagong Approve: FC-132 Res. 265-07: Authorizes the Acceptance of a Monetary Donation of $],000 to the Hawaii County Police Department. {Donated by the Hawaii Police Athletic Federation and would be used for the Department's Hawaii Island Police Activities League (HI-PAL) program.} Re: Comm. 533 Intr. by: Mr. Yagong Approve: FC-134 Hawaii County Council-18 Page 3 August 22, 2007 Res. 281-07: 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 Culture/Arts Other Current Expense (la` Annual Veterans Day Parade). Contingency relief funds from District 6 would be used to support the Veterans Day Parade.} Re: Comm. 560 Intr. by: Mr. Jacobson Waived: FC Res. 282-07: 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 Culture/Arts Other Current Expense (1 s' Annual Veterans Day Parade). Contingency relief funds from District 3 would be used as a grant towards the 1"Annual Veterans Day Parade. } Re: Comm. 561 Intr. by: Mc Yoshimoto Waived: FC ;und Comm. 561.1: From Council Member J Yoshimoto, dated August 2, 2007, transmitting a proposed amendment to Resolution 282-07. Res. 283-07: 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 Culture/Arts Other Current Expense (1" Annual Veterans Day Parade). Contingency relief funds from District 2 would be used to defray expenses for the 1'" Annual Veterans Day Parade. } Re: Comm. 566 Intr. by: Mr. Ikeda Waived: FC Res. 284-07: 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 Culture/Arts Other Current Expense (First Annual Veterans Day Parade). Contingency relief funds from District 5 would be used as a grant for the First Annual Veterans Day Parade. } Re: Comm. 567 Intr. by: Ms. Naeole Waived: FC Hawaii County Council-18 Page 4 August 22, 2007 Res. 289-07: 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, Culture and Arts Other Current Expense (ls' Annual Veterans Day Parade). Contingency relief funds from District 7 would be used towards costs associated with the Veterans Memorial Parade.} Re: Comm. 574 Intr. by: Ms. Ford Waived: FC Res. 290-07: TransfersJAppropriates 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 [o Department of Parks and Recreation, Culture and Arts Other Current Expense (1" Annual Veterans Day Parade). Contingency relief funds from District 9 would be used to defray expenses for the 1 s' Annual Veterans Day Parade.} Re: Comm. 576 Intr. by: Mr. Hoffmann Waived: FC Res. 291-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Clerk-Council Services Other Current Expense (Reimbursement for Dennis Tulang). Contingency relief funds from District 3 would be used to reimburse travel and meal expenses incurred by Mr. Dennis Tulang while assisting constituents of Council District 3 with disconnecting from their large capacity cesspool.} Re: Comm. 582 Intr. by: Mr. Yoshimoto Waived: FC Res. 296-07: Amends Resolution 544-06, Which Prioritized Lands to be Acquired Pursuant to Section 2-218(a) of the Hawaii County Code 1983 (2005 Edition, as Amended). {Amends Resolution 544-06 by re-prioritizing the list of the acquisition of lands by moving the Number 2 ranked Waipi`o Lookout Point Parcel to Number 1 (along with presently ranked Number 1 acquisition of Kawa`a/Kawa`a Bay) and requests the Mayor and his Administration to finalize the acquisition process as initiated by Resolution 427-06.} Re: Comm. 590 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-18 Page 5 August 22, 2007 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) 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.} Re: Comm.l76.112 Intr. by: Mr. Hoffmann Approve: PWIRC-21 Postponed: June ]and July 10 and 25, 2007 (Note: There is a pending motion by Mr. Jacobson and duly seconded by Mr. Pilago to approve Bill 51, as amended (Draft 4). There is a pending motion by Ms. Ford and duly seconded by Mr. Jacobson to amend Bill 51, Draft 4, with Communication 176.119.) ; and Comm. 176.117: From Council Chair Pete Hoffmann, dated June 18, 2007, transmitting a proposed amendment to Bill 51, Drafr 4; and Comm. 176.1 18: From Public Works Director Bruce C. McClure, P. E., dated June 29, 2007, transmitting summaries 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); and Comm. 176.1 19: From Council Member Brenda Ford, dated July 4, 2007, transmitting proposed amendments to Bill 51, Draft 4; and Comm. 176.120: From Council Member Brenda Ford, dated July 10, 2007, transmitting a proposed amendment (housekeeping). (Note: Subsequent Bill 151 also amends Chapter 27, Flood Control, Relating to Floodplains and other Flood Hazard Area. This measure has been introduced because of a series of discussions between representatives of the Public Works Department, Planning Department, and Councilwoman Ford to address the issue of flood control in this County and reflects efforts to satisfy the minimum National Flood Insurance Program (NFIP) requirements.) Bill I51: Amends Chapter 27, Flood Control, Hawaii County Code ]983 (2005 Edition, as Amended), Relating to Floodplains and Other Flood Hazard Areas. {Satisfies the minimum National Flood Insurance Program (NFIP) requirements and includes additional changes to Chapter 27, as listed in Communication 598.} Re: Comm. 598 Intr. by: Ms. Ford Waived: PWIRC I lawai'i County Council-18 Page 6 August 22, 2007 Bill 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.} Re: Comm. 526 Intr. by: Mr. Yagong Approve: FC-131 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. } Re: Comm. 532 Intr. by: Mr. Yagong Approve: FC-133 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 Po I ice Activities League -Other Current Expense. } Re: Comm. 533 Intr. by: Mc Yagong Approve: FC-135 Bill 131: Amends Chapter 2, Article 15, Subsection 2-911(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 Approve: PWIRC-29 Bill 132: 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 Approve: PWIRC-30 Hawaii County Council-18 Page 7 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 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.} Re: Comm. 588 Intr. by: Mr. Yagong Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS ORDER OF THE DAY (SECOND OR FINAL READING) Bill I 1 I 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 Multiple Family Residential- 4,000 Square Feet (RM-4) at Ponahawai, South Hilo, Hawaii, Covered by Tax Map Key 2-3-037:017 (approx 1.298 acres). {Guy Miller, Applicant.} Re: Comm. 457.3 Intr. by: Mr. Pilago Is' Reading: July 25, 2007 Bill 113 Amends Ordinance No. OS-157, Which Amended Ordinance No. 95-51, Which (Draft 2): 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: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. 481.2 Intr. by: Mr. Hoffmann Reading: July 25,2007 ;und Comm. 48 L3: From Council Member K. Angel Pilago, dated August 2, 2007, transmitting proposed amendments to Bill 113, Draft 2. Hawaii County Council-18 Page 8 August 22, 2007 Biil 114: Planning Director Initiated: Amends Section 25-8-7 (North and South Kohala District Zone Map) and Section 25-8-11 (Lalamilo-Puukapu Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 40 Acre (A-40a) and Agricultural - 1 Acre (A-la) to Agricultural - 400 Acre (A-400a) at Waimea, South Kohala, Hawaii, Covered by Tax Map Key 6-5-001:020 (approx. 420.17 acres). Re: Comm. 482 Intr. by: Mr. Pilago 1" Reading: July 25,2007 Bill 116: Amends Chapter 5, Article I, Subsection 5-1.0.12(d) (Building), Chapter 9, Article 5, Division 2, Section 9-42 (Electricity), and Chapter 17, Article 2, Division 5, Section 17-28 (Plumbing), Hawaii County Code 1983 (2005 Edition), as Amended, to Exempt Habitat for Humanity Construction Projects from Building, Electrical, and Plumbing Permit Fees. {Proposed fee exemptions for Habi[at construction projects would reduce costs for Habitat participants occupying these affordable homes.) Re: Comm. 49] Intr. by: Mr. Hoffmann 1 s' Reading: July 25, 2007 Bill 117: 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 -Secure Digital Forensic Imaging ($31,790); appropriates same to Secure Digital Forensic Imaging.} Re: Comm. 497 Intr. by: Mr. Yagong 1" Reading: July 25,2007 Bill 118: 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 -Cell Phone/Personal Data Assistants (PDA) Violence ($30,000); appropriates same to Cell Phone/PDA V iolence Grant. } Re: Comm. 501 Intr. by: Mr. Yagong 1" Reading: July 25,2007 Hawaii County Council-18 Page 9 August 22, 2007 Bill 119: 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. {Establishes the following program appropriations: Projects (Engineering) ($2,700,000), ADA Curb Cut and Accessible Route Program ($500,000), and Local Road Improvements ($4,000,000), for a total of $7,200,000; funds shall be provided from that portion of the Highway Fund which is designated as the Fuel Tax Increase Account No. 3 ] 04.06, and which consists of the increased fuel tax revenues created pursuant to Resolution Nos. 192-97 and 241-98. This is the fifth and final increment of fuel tax revenues established by these resolutions. (The specific projects are listed in "Exhibit A" of the bill.)} Re: Comm. 502 Intr. by: Mr. Yagong ] s` Reading: July 25, 2007 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bil 1120: 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 -Equipped to Do Battle Against Domestic Violence ($2,576); appropriates same to Equipped to Do Battle Against Domestic Violence.} Re: Comm. 503 Intr. by: Mr. Yagong I" Reading: July 25, 2007 Bill 121: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition), Relating to Vehicles and Traffic {Amends Article 10, Division 2, Section 24-265, Schedule 13, Subsection (c), by adding "Kilauea Avenue, north bound, at Bridge No. 22-7, approaching Haihai Street."} Re: Comm. 504 Intr. by: Ms. Ford (B/R) 1 Reading: July 25, 2007 Bil 1122: 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 HOUSING AND COMMUNITY DEVELOPMENT: Waikoloa Workforce Housing Project ($34,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($34,000,000). Funds would initially be used to provide for pre-development costs of the Waikoloa Workforce Housing (Kamakoa) Project, part of Phase 1 infrastructure, and one park, known as Phase 1-A.} Re: Comm. 505 Intr. by: Mr. Hoffmann Is' Reading: July 25, 2007 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-18 Page ]0 August 22, 2007 Bi II 123: Authorizes the Issuance of General Obligation Bonds of the County of Hawaii for the Purpose of Funding Costs of the Waikoloa Workforce Housing Project; Fixing the Form, Denominations, and Certain Other Details of Such Bonds and Providing for the Sale Thereof; and Authorizes the Taking of Other Actions Relating to the Issuance and Sale of the Bonds. {Principal amount not [o exceed $40,000,000 for the purpose of funding costs of the Waikoloa Housing Project.} Re: Comm. 505 Intr. by: Mr. Hoffmann 1 s' Reading: July 25, 2007 Bill 124: Amends Chapter 7 ofthe Hawaii County Code ]983 (2005 Edition, as Amended), Civil Defense, Relating to Loitering. {Adds a mens rea, or state of mind, element of "knowingly" to Sections 7-9 and 7-10 in order to be in compliance with Hawaii Appellate Court ruling in Stute v. Kecrwemuuhili as well as a housekeeping measure which amends "tidal wave" to "tsunami."} Re: Comm. 507 Intr. by: Mr. Yoshimoto 151 Reading: July 25, 2007 Bill 127: 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: Lai`o`pua Connector Road Project ($1,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,500,000). Additional funds would enable the Public Works Department to award this project and execute the construction contract. Funds also include monies for contingencies and construction management assistance. } Re: Comm. 525 Intr. by: Mr. Yagong 1" Reading: July 25,2007 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 133: 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 Homeless Transitional Housing Units ($400,000); appropriates same to Homeless Transitional Housing Units (for the purchase of these units and for funding to the Office for Social Ministry).} Re: Comm. 539 Intr. by: Mr. Yagong I s' Reading: July 25, 2007 Hawaii County Council-18 Page 1 I August 22, 2007 Bill 134: Amends Chapter 14, Article 10, of the Hawaii County Code 1983 (2005 Edition), Relating to Exceptional Trees. {Requests the following tree be designated as an "Exceptional Trees": Valencia Orange (Vancouver) (Citrus sinensis), TMK:8-1-009:00], Kaawaloa, South Kona.} Re: Comm. 540 Intr. by: Mr. Pilago 1 s' Reading: July 25, 2007 Bill 135: Amends Chapter 14, Article 10, of the Hawaii County Code, as Amended, Relating to Exceptional Trees. {Requests the following tree be removed from the "Exceptional Trees" list: 4. `Ohe (Tetraphlasandra meiandra), TMK:8-1-009:001, Manuka State Park.} Re: Comm. 541 Intr. by: Mr. Pilago 1S1 Reading: July 25, 2007 Bill 136: Amends Chapter 14, Article ]0, of the Hawaii County Code, as Amended, Relating to Exceptional Trees. {Requests the following tree be removed from the "Exceptional Trees" list: 3. Koki`o (Kokia rockii), TMK:8-1-009:001, Manuka State Park.} Re: Comm. 542 Intr. by: Mr. Pilago 1 Reading: July 25, 2007 REPORTS PSPRC-C Recommends approval of [he nomination of Mr. Delbert Nishimoto (Council (Comm. 520): District 2) to the Veterans Advisory Committee. Hawaii County Council-18 Page 12 August 22, 2007 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 I IRS Section 92-4 and Rule 1 1 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 606: BRIDGE A[NA LEA VS. NHICORAM, ET AL., CIVIL NO. OS-1-0003 From Deputy Corporation Counsel Brandon A. K. Gonzalez, dated August 14, 2007. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items. ) Comm. 465.10: MAYOR'S VETO MESSAGE REGARDING BILL 112, RELATING TO AFFORDABLE HOUSING From Mayor Harry Kim, dated August 1, 2007, returning Bill 112, stating his reason for disapproval, as listed in Communication 465.10; and Bill 112: Amends Chapter 11, Article 1, ofthe 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: Mc Hoffmann 1 s` Reading: June 20, 2007 2"a Reading: July 10, 2007 Mayor's veto: August 1, 2007 (Note: The above date is the date of the Mayor's veto letter.) Note: In order for this bill to become law, the Council must vote (by majority) to reconsider it, within 30 days after it is returned; and to approve it again (2/3 majority vote) (see Article III, Section 3-12, Hawaii County Charter). For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. I lawai'i County Council-18 Page 13 August 22, 2007 Comm. 200.49: MAYOR'S VETO MESSAGE REGARDING BILL 156, DRAFT 6 (2004-2006), RELATING TO AFFORDABLE HOUSING REQUIREMENTS FOR INDUSTRIAL PARK DEVELOPMENTS From Mayor Harry Kim, dated August 1, 2007, returning Bill 156, Draft 6 (2004-2006), stating his reason for disapproval, as listed in Communication 200.49; and E3ill 156 Amends Chapter 11 (Housing), Article 1, Section ] 1-4(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 equivalentjobs created.} Re: Comm. 200.46 Intr. by: Mr. Yagong Postponed: November 9 and December 7, 2005 1 s' Reading: March 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 I 1-9(b):June 1, 2007 (Note: Pursuant to Council Rule No. 1 1-9(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 2"a Reading: July 10, 2007 Mayor's veto: August 1, 2007 (Note: The above date is the date of the Mayor's veto letter.) Note: In order for this bill to become law, the Council must vote (by majority) to reconsider it, within 30 days after it is returned; and to approve it again (2/3 majority vote) (see Article III, Section 3-12, Hawaii County Charter). For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. Hawaii County Council-18 Page 14 August 22, 2007 ANNOUNCEMENTS WEDNESDAY. SEPTEMBER 5, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA THURSDAY, SEPTEMBER 6, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA 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 ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation `By RequesP' on behalf of the requesting pally. 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 August 20, 2007. Persons using TDDs may call 961-852]. Copies of an item listed on the agenda may be viewed at the Hawaii County Services Office at 75-5706 Kuakini I lighway, 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: • 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. SubmittingTestimony: 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 car+nciltestimony@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. Hawaii County Council-18 Page 15 August 22, 2007 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 2-913(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 I5, Section 2-913(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, August 29, 2007, at 6 p.m.; Sunday, September 2, 2007, at 1030 a.m.; and Wednesday, September 5, 2007, at 6 p.m.