Loading...
HomeMy WebLinkAboutAGE COUNCIL 2007/11/07 2006-2008 PETE HOFFMANN BRENDA FORD chair & Presiding Officer STACY K. HIGA DONALD IKEDA K. ANGEL PILAGO ; BOB JACOBSON vice chair %iih.« M~~~ EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hi(a, Hawaii 96720 ' 23rd Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, November 7, 2007 8:30 a.m. INVOCATION Pastor Bob Tominaga of Thy Word Ministries CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES June 20 and September 19, 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-23 Page 2 November 7, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 589.3: LEGISLATIVE LIAISON TASK FORCE REPORT From Council Chair Pete Hoffmann, dated October 29, 2007, requesting approval of the attached "Request for Proposal for Legislative Advisor, and Advocate for the Hawaii County Council" (RFP No. 2364). Comm. 684.4: HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PRIORITIES From Council Member Bob Jacobson, dated October 23, 2007, transmitting for Council's review, the legislative priorities submitted by Maui County for inclusion in the HSAC Legislative Priorities Package (relating to housing, procurement, and gray water). Comm. 733: PROPOSED AMENDMENT TO CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO PLANNED UNIT DEVELOPMENT (PUD) AND CLUSTER PLAN DEVELOPMENT (CPDI APPLICATIONS From Mayor Harry Kim, dated September 24, 2007, transmitting the Planning Commission's letters and enclosures regarding the above matter. The Planning Commission forwards an unfavorable recommendation regarding the proposed County Council initiated amendment to Chapter 25 (proposed bill is attached as "Exhibit 1"). (Note: The Council adopted Resolution 158-07, Draft 2, on June 1, 2007, which requested the Planning Commission to submit comments and recommendations on the proposed Zoning Code amendments, which are contained in the above Communication 733 as well as Subdivision Code amendments, which are contained in subsequent Communication 734.) Comm. 734: PROPOSED AMENDMENTS TO CHAPTER 23 (SUBDIVISION CODE) AND CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO SUBDIVISIONS OF SEVEN OR MORE LOTS From Mayor Harry Kim, dated September 24, 2007, transmitting the Planning Commission's letters and enclosures regarding the above matter. The Planning Commission forwards an unfavorable recommendation regarding the proposed County Council initiated amendment to Chapters 23 and 25 (proposed bill and Resolution 158-07, Draft 2, are attached as "Exhibit 1"). Hawaii County Council-23 Page 3 November 7, 2007 ORDER OF RESOLUTIONS Res. 342-07 Amends Resolution No. 102-07, Draft 2, Adopting Rules of Procedure and (Draft 2): Organization of the Council of the County of Hawaii. {Amends Rule No. 6 (Standing Committees) by adding a new Committee on Food and Energy Sustainability; and Rule No. 28 (Council Members, Staff and Allowances), which adjusts the format as well as corrects the District Allowance Expense (DAE) and Contingency Relief amounts to reflect the recent increase.}; and PWIRC-39. Res. 345-07: Amends the Zone Boundaries of the Hilo-Puna and North Kohala Enterprise Zones. {Seeks to expand two of the six Enterprise Zones to enable additional businesses to participate in the Enterprise Zone Program (delineated in attached Exhibits A, B, and C).}; and PC-49; and Comm. 682.2: From Research and Development Director Jane Testa, dated October 29, 2007, informing the Council that they met with business owners within the proposed Hilo- Puna extension. Res. 357-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for a Large Format Copier for the Department of Public Works. {The Department's copier is broken and is un-repairable since replacement parts are difficult to locate as this copier has become obsolete (multi-year lease is for five years).}; and FC-184. Res. 358-07: Changes the Position Status of a Economic Development Specialist II (Temporary) Position to Permanent Status. {Conversion of this position from temporary status to permanent would enhance the appeal in the recruitment process to motivate candidates to apply. This position provides continuous outreach in the community and assists in the implementation phase of the Community Development Plan.}; and FC-185. Res. 359-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the Buffer Zone Protection Program. {Funds would be used to enhance the County's response to incidents of terrorism (chemical, biological, radiological, nuclear, and explosive incidents) and to enhance buffer zone planning and security enhancements for the Southern Cross Cabling Sta[ion located in Kona.}; and FC-186. Res. 360-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the FY 2007 Homeland Security Grant Program. {Funds would be used for the continued development of the following programs: State Homeland Security, Law Enforcement Terrorism Prevention, and Citizen Corps.}; and FC-188. Hawaii County Council-23 Page 4 November 7, 2007 Res. 362-07: Accepts the Donation of Real Property, Being a Portion of Tax Map Key:(3)2-4-010:020, Situate at Waiakea, in the District of South Hilo, County and State of Hawaii, from Yasuko Onishi and Dennis Onishi. {The pazcel was recently paved for the widening of Kahaopea Street along their frontage and contains an area of 3,616 squaze feet.}; and PWIRC-38. Res. 378-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s) for the Pahoa Neighborhood Facility. {Transfers/appropriates $1,600 out and from Clerk-Council Services-Contingency Relief account; credits same to Parks and Recreation, Recreation Division Equipment (Pahoa Neighborhood Facility tables). Contingency Relief funds from District 5 would be used to purchase 20 tables for the Pahoa Neighborhood Facility.} Res. 379-07: Establishes November 15°i as Hawaii Recycles Day. {On September 26, 2007, the Environmental Management Commission unanimously voted to support this resolution and asks for the Council's support and approval.} Res. 380-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services-Contingency Relief account; credits to the following: Department of Parks and Recreation Aquatics Pools Equipment (Two Automated External Defibrillator (AED) Units) ($4,000) and Department of Parks and Recreation Aquatics Pools Other Current Expense (Automatic Pool Vacuum) ($3,500), for a total of $7,500. Contingency Relief funds from District 1 would be used to purchase two AED units (for the Honoka`a and Laupahoehoe swimming pools) and one automatic pool vacuum for the Honoka`a swimming pool.} Res. 381-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney Miscellaneous Contract Services (Pahoa Christmas Parade). Contingency Relief funds from District 5 would be used for the Mainstreet Pahoa Association's annual holiday parade. } Res. 382-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,250 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Aquatics Pool Equipment (Automatic Pool Vacuum for Kawamoto Swim Stadium/NAS Pool and Surveillance System for Kawamoto Swim Stadium). Contingency Relief funds from District 4 would be used towards the purchase of a surveillance system for the Kawamoto Swim Stadium and automatic pool vacuums for the Kawamoto Swim Stadium and NAS Pool.} ~ ._..e..... Hawaii County Council-23 Page 5 November 7, 2007 Res. 383-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $20,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense Miscellaneous Contract Services (Keaukaha One Youth Development Program). Contingency Relief funds from District 4 would be used towards the Keaukaha One Youth Development Program.} Res. 385-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $25,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Housing and Community Development Transfer to Housing Fund (Pahoa Homeless Program). Contingency Relief funds from District 5 would be used for the Pahoa Homeless Program.} Res. 387-07: Appoints Members of the Committee on Food and Energy Sustainability and Designates the Chairperson and Vice Chairperson Thereof. Res. 388-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,700 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Friends of the Park (Pa`auilo Community Field Office Repairs). Contingency Relief funds from District 1 would be used to defray the cost of repairs of the Pa`auilo Senior Center at the Pa`auilo Community Field office.} Res. 396-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attomey Other Current Expense Miscellaneous Contract Services (Keaukaha One Youth Development Program). Contingency Relief funds from District 5 would be used towards the Keaukaha One Youth Development Program.} Res. 397-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Leilani Estates Community Association). Contingency Relief funds from District 5 would be used for the Leilani Estates Community Association's neighborhood watch program.} Res. 399-07: Amends Resolution 10-06, Appointing Members of the Committee on Public Safety and Parks and Recreation and Designates the Chairperson and Vice Chairperson Thereof. {Amendment designates Council Member Donald Ikeda and Council Member J Yoshimoto as Chair and Vice Chair, respectively.} Hawaii County Council-23 Page 6 November 7, 2007 Res. 400-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,700 out and from Clerk-Council Services-Contingency Relief account; credits same to Civil Defense Agency, Civil Defense Agency Other Current Expense (Hawaiian Paradise Park Emergency Notification and Education Team (HPP ENET)). Contingency Relief funds from District 5 would be used for the HPP ENET.} Res. 401-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Ka`ohe Homesteads Community and Farm Watch). Contingency Relief funds from District 5 would be used for the Ka`ohe Homesteads Community and Farm Watch.} Res. 402-07: Amends Resolution No. 374-07, Relating to Transferring/Appropriating an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Funds were appropriated to the Hawaiian Paradise Neighborhood Watch program (via Resolution 374-07 adopted on October 17, 2007) and would now be appropriated to the Hawaiian Paradise Park Owners Association. } Res. 403-07: Creates a General Services Superintendent Position, an Account Clerk Position, Two General Services Supervisor Positions, Five Custodian/Groundskeeper II Positions, and Twelve (12) Custodian/Groundskeeper I Positions for the Deparhnent of Public Works. {Civil Case #98-244, United Public Workers (UPW) versus the County of Hawaii, calls for the County to hire UPW workers instead of contracting out forjanitorial and grounds maintenance services. In order to comply with this settlement, the Public Works Department will be taking on this task to provide these services, therefore, the creation of 21 new positions for their Department.} Res. 404-07: Creates Four Custodian/Groundskeeper IPositions and Five Custodian/Groundskeeper I (1/4T) Positions for the Hawaii County Police Department. {Civil Case #98-244, United Public Workers (UPW) versus the County of Hawaii, calls for the County to hire UPW workers instead of contracting out forjanitorial and grounds maintenance services. In order to comply with this settlement, the Police Department requests the creation of nine new positions to meet the daily maintenance needs at its various stations.} Res. 405-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,250 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Aquatics Pool Equipment (Equipment for Kawamoto Swim Stadium and NAS Pool). Contingency Relief funds from District 3 would be used towards the purchase of a surveillance system for the Kawamoto Swim Stadium and an automatic pool vacuum for the Kawamoto Swim Stadium and the NAS Pool.} Hawaii County Council-23 Page 7 November 7, 2007 Res. 406-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (Kona Earth Festival). Contingency Relief funds from District 7 would be used to defray some of the costs and expenses associated with the Kona Earth Day Festival} Res. 407-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $50,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Project Fund-General (To be allotted to Discretionary Projects, Council District 1, Pauka`a Community Park). Contingency Relief funds from District 1 would be used for park improvements at the new Pauka`a Community Park.} Res. 408-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Park Maintenance Other Current Expense (Placement of Additional Portable Restrooms at Old Hakalau Mill Site and Laupahoehoe Point Beach Park). Contingency Relief funds from District 1 would be used towards the rental of Americans with Disabilities Act (ADA) portable restrooms for the 2008 holiday weekends and would be located at Lot3D (Old Hakalau Mill Site) and Laupahoehoe Point Beach Park. } Res. 409-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (Kona Earth Festival). Contingency Relief funds from District 9 would be used to help defray some of the costs and expenses associated with the Kona Earth Day Festival.} Res. 410-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (Kona Earth Festival). Contingency Relief funds from District 8 would be used to help defray some of the costs and expenses associated with the Kona Earth Day Festival.} 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) Hawaii County Council-23 Pag 8 November 7, 2007 BILLS FOR ORDINANCES (FIRST READING) Bill 79 Amends Chapter 25, Zoning Code, Article 4, Division 5, of the Hawaii County (Drafr 2): Code 1983 (2005 Edition, as Amended), Relating to Off-Street Parking and Loading. {Relates to the required number and distribution of off-street parking and loading spaces for certain permitted uses under the Zoning Code.}; PC-28; and Bill 79 Amends Chapter 25, Zoning Code, Article 4, Division 5, of the Hawaii County (Drafr 3): Code 1983 (2005 Edition, as Amended), Relating to Off-Street Parking and Loading; and Comm. 267.6: From Mayor Harry Kim, dated September 24, 2007, transmitting the Planning Commission's letters and enclosures relating to this bill; and Comm. 267.1 1: From Council Member Brenda J. Ford, dated October 25, 2007, transmitting proposed amendments to Bill 79, Drafr 3. Bill 180: 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 Transfer from General Fund ($40,000); appropriates same to North and South Kohala Road - Other Current Expense (Paving of Waikoloa Emergency Access Road and Pakanu Street). Funds would be used to pave portions of the emergency access road extending from Hulu Street in Waikoloa Village to Queen Ka`ahumanu Highway along the Kohala Coast and to complete the paving of Pakanu Street in Waikoloa.}; and FC-182. Bill 181: Amends the State Land Use Boundaries Maps for the County of Hawaii by Changing the District Classification from the Agricultural to the Urban District at O`oma ]s', North Kona, Hawaii, Covered by Tax Map Key:7-3-010:003 (approx. 10.001 acres). {Seascape Development, LLC, Applicant.}; and PC-50. Bill 182: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 5 Acre (A-Sa) to Multiple-Family Residential - 1,000 Square Feet (RM-1) at O`oma ls', North Kona, Hawaii, Covered by Tax Map Key:7-3-010:003 (approx. 10.001 acres). {Seascape Development, LLC, Applicant.}; and PC-51. Bill 185: 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 PARKS AND RECREATION: Gilbert Carvalho Park Expansion ($1,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($1,000,000). Funds would be used for the expansion, clearing, beautification, and improvement of Gilbert Carvalho Park.}; and FC-183. Bill 186: 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 -Buffer Zone Protection Program ($189,000); appropriates same to Buffer Zone Protection Program.}; and FC-187. Hawaii County Council-23 Page 9 November 7, 2007 Bill 187: 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 the following: Federal Grants -State Homeland Security Program ($663,868), Federal Grants -Law Enforcement Terrorism Prevention Program ($400,310), and Federal Grants -Citizen Corps Program ($10,000), for a total of $1,074,178; appropriates to the following: State Homeland Security Program FY07 ($663,868), Law Enforcement Terrorism Prevention Program FY07 ($400,310), and Citizen Corps Program FY07 ($10,000), for a total of $1,074,178.}; and FC-189. Bill 193: 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 Energy Coordinator ($1,300); appropriates same to Energy Coordinator. Funds would be used for the following Energy Program initiatives: Regulatory and Legislative Programs, Economic Development Projects, Technology Mazketing, and Program Planning and Administration.}; and Comm. 756.1: From Finance Chair Dominic Yagong, dated October 29, 2007, requesting this matter be waived from the Finance Committee. Bill 199: Amends Chapter 25, Zoning Code, Article 4, Division 6, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Nonconforming Uses and Building Provisions for Off-Street Parking and Loading. {Proposal adds an exception to nonconforming uses and building provisions for off-street parking and loading requirements.} 1:45 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, AND REFERRALS FOR EXECUTIVE SESSION ORDER OF THE DAY (SECOND OR FINAL READING) Bill 55 Provides for the Establishment of the Kailua Village Business Improvement District (Drafr 2): No. 1. {Provides for and finances supplemental services and improvements in Kailua Village, pursuant to Hawaii County Code Chapter 35, Article 2, Section 35-I1.};and Comm. 183.94: From Council Member K. Angel Pilago, dated October 25, 2007, requesting that Bill 55, Drafr 2, be placed on the November 7, 2007, Council agenda; and Comm. 183.95: From Council Member K. Angel Pilago, dated October 26, 2007, transmitting proposed amendments to Bill 55, Draft 2. 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.} 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.} Hawaii County Council-23 Page 10 November 7, 2007 BiII 171: 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 Coqui Frog Conference Fees ($30,000); appropriates same to Coqui Frog Conference. Funds would be used for registration fees, facility use, cost of meals, and other expenses of the First International Conference on the Coqui Frog to be held on February 7-9, 2008, in Waikoloa.} Bill 175 Initiates a Charter Amendment to Article VI, Chapter 4, of the Hawaii County (Draft 3): Charter (2000), Establishing Windward and Leeward Planning Commissions. {Creates a windward and leeward planning commission based upon judicial districts and district boundaries set forth in Section 4-1(1), Hawaii Revised Statutes, with the Mayor appointing the remaining members in accordance with Section 13-4, Hawaii County Charter.};and Comm. 662.16: From Council Member K. Angel Pilago, dated October 23, 2007, transmitting proposed amendments to Bill 175, Draft 3. Bill 176 Amends Chapter 2 of the Hawaii County Code (2005 Edition, as Amended), (Drafr 2): Establishing a New Article Relating to a Hawaii County Cultural Resources Commission. {Provides for the protection and preservation of historic properties and artifacts in the County and establishes the "Hawai`i County Cultural Resources Commission".}; and Comm. 666.18: From Planning Director Christopher J. Yuen, dated October 3, 2007, transmitting for Council's information, the policies and practices for the treatment of historic sites in the land use process; and Comm. 666.24: From Planning Director Christopher J. Yuen, dated October 22, 2007, transmitting proposed amendments to Bill 176, Draft 2 (attaches a proposed "Drafr 3" of this bill). Bill 177: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Establishes a new bus stop location along Kamehameha Avenue for a limited time from 2 p.m. to 3 p.m. on school days. } Bill 178: 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 ($50,423); appropriates same to Rescue Equipment-Private. } REPORTS FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended REPORT: July 31, 2007. FINANCIAL Monthly Budget Status Report from the Finance Deparhnent for the Month Ended REPORT: August 31, 2007. Hawaii County Council-23 Page 11 November 7, 2007 REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote pursuant to HRS Section 92-4 and Rule 11 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 750: CLAIM AGAINST THE COUNTY/OWEN TAKEI From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 19, 2007. Comm. 751: CLAIM AGAINST THE COUNTY/PATRICIA D. ST. CLAIR From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 19, 2007. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS MONDAY, NOVEMBER 19, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, NOVEMBER 20, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, DECEMBER 4, 2007 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, DECEMBER 5, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, DECEMBER 18, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, DECEMBER 19, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA Hawaii County Council-23 Page 12 November 7, 2007 ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by November 5, 2007. Persons using TDDs may call 961-8521. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at htto://co.hawaii.hi.us/council/a eg ndas and_actions.htm; the County Clerk's Office, 333 Kilauea Avenue, Hilo; the Office of the Mayor, 75-5706 Kuakini Highway, Suite 103, Kailua-Kona; the Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and the Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea. For further information, please call 961-8255. V ideoconferencine 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. Submitting Testimony: Those wishing to testify in person must register with the County Clerk's staff. Those submitting written testimony at the meeting should bring seventeen (17) copies for distribution. Testimony may also be submitted (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni St., Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestimonL((a~co.hawaii.hi. us. Please submit separate testimony for each item. For testimony received via a-mail or fax, copies will be distributed at the meeting when transmitted in a timely manner. All oral and written testimony will be made a part of the public record. V iewinQ of Meetings on Government Access Television -Channel 52: Wednesday, November 14, 2007, at 6 p.m.; Sunday, November 18, 2007, at 10:30 a.m.; and Wednesday, November 21, 2007, at 6 p.m. PETE HOFFMANN BRENDA FORD Chair & Prestd9ngOfflcer STACY K. HIGA DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON V(ce chair ?~~,o~,~~~~~ EM[LY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Buildrng 25 Aupuni Street Hilo, Hawai `i 96720 23rd Session ORDER OF BUSINESS Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Annotated Version (This is an unofTicial annotated version of the agenda for use by Council Members and departmental officials.) Wednesday, November 7, 2007 8:30 a.m. INVOCATION Pastor Bob Tominaga of Thy Word Ministries CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES June 20 and September 19, 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 Equa! Opportunity Provider and Employer. Hawaii County Council-23 Page 2 November 7, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 589.3: LEGISLATIVE LIAISON TASK FORCE REPORT From Council Chair Pete Hoffmann, dated October 29, 2007, requesting approval of the attached "Request for Proposal for Legislative Advisor, and Advocate for the Hawaii County Council" (RFP No. 2364). Comm. 684.4: HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PRIORITIES From Council Member Bob Jacobson, dated October 23, 2007, transmitting for Council's review, the legislative priorities submitted by Maui County for inclusion in the HSAC Legislative Priorities Package (relating to housing, procurement, and gray water). Waived: PWIRC Comm. 733: PROPOSED AMENDMENT TO CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO PLANNED UNIT DEVELOPMENT (PUD) AND CLUSTER PLAN DEVELOPMENT (CPD) APPLICATIONS From Mayor Harry Kim, dated September 24, 2007, transmitting the Planning Commission's letters and enclosures regarding the above matter. The Planning Commission forwards an unfavorable recommendation regarding the proposed County Council initiated amendment to Chapter 25 (proposed bill is attached as "Exhibit 1"). (Note: The Council adopted Resolution 158-07, Draft 2, on June 1, 2007, which requested the Planning Commission to submit comments and recommendations on the proposed Zoning Code amendments, which are contained in the above Communication 733 as well as Subdivision Code amendments, which are contained in subsequent Communication 734.) Comm. 734: PROPOSED AMENDMENTS TO CHAPTER 23 (SUBDIVISION CODE) AND CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE ]983 (2005 EDITION, AS AMENDED) RELATING TO SUBDIVISIONS OF SEVEN OR MORE LOTS From Mayor Harry Kim, dated September 24, 2007, transmitting the Planning Commission's letters and enclosures regarding the above matter. The Planning Commission forwards an unfavorable recommendation regarding the proposed County Council initiated amendment to Chapters 23 and 25 (proposed bill and Resolution 158-07, Drafr 2, are attached as "Exhibit 1"). Hawaii County Council-23 Page 3 November 7, 2007 ORDER OF RESOLUTIONS Res. 342-07 Amends Resolution No. 102-07, Draft 2, Adopting Rules of Procedure and (Draft 2): Organization of the Council of the County of Hawaii. {Amends Rule No. 6 (Standing Committees) by adding a new Committee on Food and Energy Sustainability; and Rule No. 28 (Council Members, Staff and Allowances), which adjusts the format as well as corrects the District Allowance Expense (DAE) and Contingency Relief amounts to reflect the recent increase.} Re: Comm. 679.4 Intr. by: Mr. Yoshimoto Approve: PWIRC-39 (Note: Resolution 387-07, which is listed on Page 6 of this agenda, appoints the Members of the Committee on Food and Energy Sustainability and designates the Chair and Vice Chair thereof.) Res. 345-07: Amends the Zone Boundaries of the Hilo-Puna and North Kohala Enterprise Zones. {Seeks to expand two of the six Enterprise Zones to enable additional businesses to participate in the Enterprise Zone Program (delineated in attached Exhibits A, B, and C).} Re: Comm. 682 Intr. by: Ms. Naeole Approve: PC-49 Postponed: October 17, 2007 and Comm. 682.2: From Research and Development Director Jane Testa, dated October 29, 2007, informing the Council that they met with business owners within the proposed Hilo- Puna extension. Res. 357-07: Authorizes the Payment of Funds of a Later Fiscal Yeaz and of More Than One Fiscal Year for a Large Format Copier for the Department of Public Works. {The Department's copier is broken and is un-repairable since replacement parts aze difficult to locate as this copier has become obsolete (multi-year lease is for five years). } Re: Comm. 708 Intr. by: Mr. Yagong Approve: FC-184 Hawaii County Council-23 Page 4 November 7, 2007 Res. 358-07: Changes the Position Status of a Economic Development Specialist II (Temporary) Position to Permanent Status. {Conversion of this position from temporary status to permanent would enhance the appeal in the recruitment process to motivate candidates to apply. This position provides continuous outreach in the community and assists in the implementation phase of the Community Development Plan.} Re: Comm. 709 Intr. by: Mr. Yagong Approve: FC-185 Res. 359-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the Buffer Zone Protection Program. {Funds would be used to enhance the County's response to incidents of terrorism (chemical, biological, radiological, nuclear, and explosive incidents) and to enhance buffer zone planning and security enhancements for the Southern Cross Cabling Station located in Kona.} Re: Comm. 710 Intr. by: Mr. Yagong Approve: FC-186 Res. 360-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the FY 2007 Homeland Security Grant Program. {Funds would be used for the continued development of the following programs: State Homeland Security, Law Enforcement Terrorism Prevention, and Citizen Corps.} Re: Comm.7ll Intr. by: Mr. Yagong Approve: FC-188 Res. 362-07: Accepts the Donation of Real Property, Being a Portion of Tax Map Key:(3)2-4-010:020, Situate at Waiakea, in the District of South Hilo, County and State of Hawai` i, from Yasuko Onishi and Dennis Onishi. {The pazcel was recently paved for the widening of Kahaopea Street along their frontage and contains an area of 3,616 square feet.} Re: Comm.7l4 Intr. by: Ms. Ford Approve: PWIRC-38 Hawaii County Council-23 Page 5 November 7, 2007 Res. 378-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s) for the Pahoa Neighborhood Facility. {Transfers/appropriates $1,600 out and from Clerk-Council Services-Contingency Relief account; credits same to Pazks and Recreation, Recreation Division Equipment (Pahoa Neighborhood Facility tables). Contingency Relief funds from District 5 would be used to purchase 20 tables for the Pahoa Neighborhood Facility.} Re: Comm. 737 Intr. by: Ms. Naeole Waived: FC Res. 379-07: Establishes November 15'h as Hawaii Recycles Day. {On September 26, 2007, the Environmental Management Commission unanimously voted to support this resolution and asks for the Council's support and approval.} Re: Comm. 739 Intr. by: Mr. Jacobson Waived: EMC Res. 380-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services-Contingency Relief account; credits to the following: Depaztment of Parks and Recreation Aquatics Pools Equipment (Two Automated External Defibrillator (AED) [)nits) ($4,000) and Department of Parks and Recreation Aquatics Pools Other Current Expense (Automatic Pool Vacuum) ($3,500), for a total of $7,500. Contingency Relief funds from District 1 would be used to purchase two AED units (for the Honoka`a and Laupahoehoe swimming pools) and one automatic pool vacuum for the Honoka`a swimming pool.} Re: Comm. 740 Intr. by: Mr. Yagong Waived: FC Res. 381-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney Miscellaneous Contract Services (Pahoa Christmas Parade). Contingency Relief funds from District 5 would be used for the Mainstreet Pahoa Association's annual holiday parade.} Re: Comm. 742 Intr. by: Ms. Naeole Waived: FC Hawaii County Council-23 Page 6 November 7, 2007 Res. 382-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,250 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Aquatics Pool Equipment (Automatic Pool Vacuum for Kawamoto Swim Stadium/NAS Pool and Surveillance System for Kawamoto Swim Stadium). Contingency Relief funds from District 4 would be used towards the purchase of a surveillance system for the Kawamoto Swim Stadium and automatic pool vacuums for the Kawamoto Swim Stadium and NAS Pool.} Re: Comm. 746 Intr. by: Mr. Higa Waived: FC Res. 383-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $20,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense Miscellaneous Contract Services (Keaukaha One Youth Development Program). Contingency Relief funds from District 4 would be used towards the Keaukaha One Youth Development Program.} Re: Comm. 747 Intr. by: Mr. Higa Waived: FC Res. 385-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $25,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Housing and Community Development Transfer to Housing Fund (Pahoa Homeless Program). Contingency Relief funds from District 5 would be used for the Pahoa Homeless Program.} Re: Comm. 758 Intr. by: Ms. Naeole Waived: FC Res. 387-07: Appoints Members of the Committee on Food and Energy Sustainability and Designates the Chairperson and Vice Chairperson Thereof. Re: Comm. 760 Intr. by: Mr. Hoffmann Waived: PWIRC Hawaii County Council-23 Page 7 November 7, 2007 Res. 388-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,700 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Friends of the Park (Pa`auilo Community Field Office Repairs). Contingency Relief funds from District 1 would be used to defray the cost of repairs of the Pa`auilo Senior Center at the Pa`auilo Community Field office.} Re: Comm. 763 Intr. by: Mr. Yagong Waived: FC Res. 396-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense Miscellaneous Contract Services (Keaukaha One Youth Development Program). Contingency Relief funds from District 5 would be used towards the Keaukaha One Youth Development Program.} Re: Comm. 771 Intr. by: Ms. Naeole Waived: FC Res. 397-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Curcent Expense (Leilani Estates Community Association). Contingency Relief funds from District 5 would be used for the Leilani Estates Community Association's neighborhood watch program.} Re: Comm. 772 Intr. by: Ms. Naeole Waived: FC Res. 399-07: Amends Resolution 10-06, Appointing Members of the Committee on Public Safety and Parks and Recreation and Designates the Chairperson and Vice Chairperson Thereof. {Amendment designates Council Member Donald Ikeda and Council Member J Yoshimoto as Chair and Vice Chair, respectively.} Re: Comm. 774 Intr. by: Mr. Hoffmann Waived: PWIRC Hawaii County Council-23 Page 8 November 7, 2007 Res. 400-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,700 out and from Clerk-Council Services-Contingency Relief account; credits same to Civil Defense Agency, Civil Defense Agency Other Current Expense (Hawaiian Paradise Park Emergency Notification and Education Team (HPP ENET)). Contingency Relief funds from District 5 would be used for the HPP ENET.} Re: Comm. 775 Intr. by: Ms. Naeole Waived: FC Res. 401-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Ka`ohe Homesteads Community and Farm Watch). Contingency Relief funds from District 5 would be used for the Ka`ohe Homesteads Community and Farm Watch.} Re: Comm. 776 Intr. by: Ms. Naeole Waived: FC Res. 402-07: Amends Resolution No. 374-07, Relating to Transferring/Appropriating an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Funds were appropriated to the Hawaiian Paradise Neighborhood Watch program (via Resolution 374-07 adopted on October 17, 2007) and would now be appropriated to the Hawaiian Paradise Park Owners Association. } Re: Comm. 777 Intr. by: Ms. Naeole Waived: FC Res. 403-07: Creates a General Services Superintendent Position, an Account Clerk Position, Two General Services Supervisor Positions, Five Custodian/Groundskeeper II Positions, and Twelve (12) Custodian/Groundskeeper IPositions for the Department of Public Works. {Civil Case #98-244, United Public Workers (UPW) versus the County of Hawaii, calls for the County to hire UPW workers instead of contracting out forjanitorial and grounds maintenance services. In order to comply with this settlement, the Public Works Department will be taking on this task to provide these services, therefore, the creation of 21 new positions for their Department.} Re: Comm. 778 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-23 Page 9 November 7, 2007 Res. 404-07: Creates Four Custodian/Groundskeeper 1 Positions and Five Custodian/Groundskeeper I (1/4T) Positions for the Hawaii County Police Department. {Civil Case #98-244, United Public Workers (UPW) versus the County of Hawaii, calls for the County to hire UPW workers instead of contracting out for janitorial and grounds maintenance services. In order to comply with this settlement, the Police Department requests the creation of nine new positions to meet the daily maintenance needs at its various stations.} Re: Comm. 779 Intr. by: Mr. Yagong Waived: FC Res. 405-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,250 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Pazks and Recreation Aquatics Pool Equipment (Equipment for Kawamoto Swim Stadium and NAS Pool). Contingency Relief funds from District 3 would be used towazds the purchase of a surveillance system for the Kawamoto Swim Stadium and an automatic pool vacuum for the Kawamoto Swim Stadium and the NAS Pool.} Re: Comm. 781 Intr. by: Mr. Yoshimoto Waived: FC Res. 406-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (Kona Earth Festival). Contingency Relief funds from District 7 would be used to defray some of the costs and expenses associated with the Kona Earth Day Festival} Re: Comm. 782 Intr. by: Ms. Ford Waived: FC Res. 407-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $50,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Project Fund-General (To be allotted to Discretionary Projects, Council District 1, Pauka`a Community Park). Contingency Relief funds from District 1 would be used for park improvements at the new Pauka`a Community Park.} Re: Comm. 783 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-23 Page 10 November 7, 2007 Res. 408-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Park Maintenance Other Current Expense (Placement of Additional Portable Restrooms at Old Hakalau Mill Site and Laupahoehoe Point Beach Pazk). Contingency Relief funds from District 1 would be used towards the rental of Americans with Disabilities Act (ADA) portable restrooms for the 2008 holiday weekends and would be located at Lot3D (Old Hakalau Mill Site) and Laupahoehoe Point Beach Park. } Re: Comm. 784 Intr. by: Mr. Yagong Waived: FC Res. 409-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Reseazch and Development Tourism Promotion, Miscellaneous Contract Services (Kona Earth Festival). Contingency Relief funds from District 9 would be used to help defray some of the costs and expenses associated with the Kona Earth Day Festival.} Re: Comm. 785 Intr. by: Mr. Hoffmann Waived: FC Res. 410-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (Kona Earth Festival). Contingency Relief funds from District 8 would be used to help defray some of the costs and expenses associated with the Kona Earth Day Festival.} Re: Comm. 786 Intr. by: Mr. Pilago Waived: FC 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) Hawaii County Council-23 Page 11 November 7, 2007 BILLS FOR ORDINANCES (FIRST READING) Bill 79 Amends Chapter 25, Zoning Code, Article 4, Division 5, of the Hawaii County (Draft 2): Code 1983 (2005 Edition, as Amended), Relating to Off-Street Parking and Loading. {Relates to the required number and distribution of off-street parking and loading spaces for certain permitted uses under the Zoning Code.} Re: Comm. 267.3 Intr. by: Ms. Ford Approve: PC-28 Postponed: October 17, 2007 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Jacobson to approve Bi1179, Draft 2.) and Bill 79 Amends Chapter 25, Zoning Code, Article 4, Division 5, of the Hawaii County (Draft 3): Code 1983 (2005 Edition, as Amended), Relating to Off-Street Parking and Loading. Re: Comm. 267.10 Intr. by: Ms. Ford Postponed: October 17, 2007 and Comm. 267.6: From Mayor Harry Kim, dated September 24, 2007, transmitting the Planning Commission's letters and enclosures relating to this bill; and Comm. 267.9; and Comm. 267.11: From Council Member Brenda J. Ford, dated October 25, 2007, transmitting proposed amendments to Bill 79, Draft 3. Bill 180: 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 Transfer from General Fund ($40,000); appropriates same to North and South Kohala Road - Other Current Expense (Paving of Waikoloa Emergency Access Road and Pakanu Street). Funds would be used to pave portions of the emergency access road extending from Hulu Street in Waikoloa Village to Queen Ka`ahumanu Highway along the Kohala Coast and to complete the paving of Pakanu Street in Waikoloa.} Re: Comm. 696 Intr. by: Mr. Yagong Approve: FC-182 Bill 181: Amends the State Land Use Boundaries Maps for the County of Hawaii by Changing the District Classification from the Agricultural to the Urban District at O`oma ls', North Kona, Hawaii, Covered by Tax Map Key:7-3-010:003 (approx. 10.001 acres). {Seascape Development, LLC, Applicant.} Re: Comm. 700 Intr. by: Mr. Pilago Approve: PC-50 and Comm. 700.2. Hawaii County Council-23 Page 12 November 7, 2007 Bill 182: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 5 Acre (A-Sa) to Multiple-Family Residential - 1,000 Squaze Feet (RM-1) at O`oma 1 s', North Kona, Hawaii, Covered by Tax Map Key:7-3-010:003 (approx. 10.00] acres). {Seascape Development, LLC, Applicant.} Re: Comm. 700 Intr. by: Mr. Pilago Approve: PC-51 Bill 185: 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 PARKS AND RECREATION: Gilbert Carvalho Pazk Expansion ($1,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($1,000,000). Funds would be used for the expansion, clearing, beautification, and improvement of Gilbert Carvalho Park.} Re: Comm. 706 Intr. by: Mr. Ikeda Approve: FC-183 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 186: 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 -Buffer Zone Protection Program ($189,000); appropriates same to Buffer Zone Protection Program.} Re: Comm. 710 Intr. by: Mr. Yagong Approve: FC-187 Bill 187: 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 the following: Federal Grants -State Homeland Security Program ($663,868), Federal Grants -Law Enforcement Terrorism Prevention Program ($400,310), and Federal Grants -Citizen Corps Program ($10,000), for a total of $1,074,178; appropriates to the following: State Homeland Security Program FY07 ($663,868), Law Enforcement Terrorism Prevention Program FY07 ($400,310), and Citizen Corps Program FY07 ($10,000), for a total of $1,074,178.} Re: Comm. 711 Intr. by: Mr. Yagong Approve: FC-189 Hawaii County Council-23 Page 13 November 7, 2007 Bill 193: 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 Energy Coordinator ($1,300); appropriates same to Energy Coordinator. Funds would be used for the following Energy Program initiatives: Regulatory and Legislative Programs, Economic Development Projects, Technology Marketing, and Program Planning and Administration.} Re: Comm. 756 Intr. by: Mr. Yagong Waived: FC ;and Comm. 756.1: From Finance Chair Dominic Yagong, dated October 29, 2007, requesting this matter be waived From the Finance Committee. Bill 199: Amends Chapter 25, Zoning Code, Article 4, Division 6, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Nonconforming Uses and Building Provisions for Off-Street Parking and Loading. {Proposal adds an exception to nonconforming uses and building provisions for off-street parking and loading requirements.} Re: Comm. 780 Intr. by: Ms. Ford Waived: PC 1:45 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, AND REFERRALS FOR EXECUTIVE SESSION ORDER OF THE DAY (SECOND OR FINAL READING) Bill 55 Provides for the Establishment of the Kailua Village Business Improvement District (Drafr 2): No. 1. {Provides for and finances supplemental services and improvements in Kailua Village, pursuant to Hawaii County Code Chapter 35, Article 2, Section 35-11.} Re: Comm. 183.3 Intr. by: Mr. Pilago ls' Reading: March 21, 2007 Public Hearing Held: June 5, 2007 ;and Comm. 183.94: From Council Member K. Angel Pilago, dated October 25, 2007, requesting that Bill 55, Draft 2, be placed on the November 7, 2007, Council agenda; and Comm. 183.93; and Comm. 183.95: From Council Member K. Angel Pilago, dated October 26, 2007, transmitting proposed amendments to Bill 55, Draft 2. Hawaii County Council-23 Page 14 November 7, 2007 Bill 51 Amends Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition), as (Drafr 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 ls` Reading: August 22, 2007 Postponed: June 1, July 10 and 25, and September 6, 2007 (Note: There is a pending motion by Mr. Higa and duly seconded by Mr. Yoshimoto to approve Bill 51, Draft 5.) and Comms. 176.162 and 176.167. Bill 151 Amends Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition, as (Drafr 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 Postponed: September 6, 2007 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Jacobson to approve Bill 151, Draft 2.) Bill 171: 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 Coqui Frog Conference Fees ($30,000); appropriates same to Coqui Frog Conference. Funds would be used for registration fees, facility use, cost of meals, and other expenses of the First International Conference on the Coqui Frog to be held on February 7-9, 2008, in Waikoloa.} Re: Comm. 653 Intr. by: Mr. Yagong (B/R) ls' Reading: October 3, 2007 Postponed: October 17, 2007 (Nate: There is a pending motion by Mr. Yagong and duly seconded by Mr. Jacobson to approve Bill 171.) Hawaii County Council-23 Page 15 November 7, 2007 Bill 175 Initiates a Charter Amendment to Article VI, Chapter 4, of the Hawaii County (Draft 3): Charter (2000), Establishing Windward and Leeward Planning Commissions. {Creates a windward and leeward planning commission based upon judicial districts and district boundaries set forth in Section 4-1(1), Hawaii Revised Statutes, with the Mayor appointing the remaining members in accordance with Section 13-4, Hawaii County Charter.} Re: Comm. 662.15 Intr, by: Mr. Pilago Postponed: October 3, 2007 1~` Reading: October 17, 2007 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter ;and Comm. 662.16: From Council Member K. Angel Pilago, dated October 23, 2007, transmitting proposed amendments to Bill 175, Drafr 3. Bill 176 Amends Chapter 2 of the Hawaii County Code (2005 Edition, as Amended), (Draft 2): Establishing a New Article Relating to a Hawaii County Cultural Resources Commission. {Provides for the protection and preservation of historic properties and artifacts in the County and establishes the "Hawai`i County Cultural Resources Commission".} Re: Comm. 666.17 Intr. by: Mr. Pilago ls` Reading: October 3, 2007 Postponed: October 17, 2007 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Naeole to approve Bill 176, Draft 2.) ;and Comm. 666.18: From Planning Director Christopher J. Yuen, dated October 3, 2007, transmitting for Council's information, the policies and practices for the treatment of historic sites in the land use process; and Comm. 666.24: From Planning Director Christopher J. Yuen, dated October 22, 2007, transmitting proposed amendments to Bill 176, Drafr 2 (attaches a proposed "Draft 3" of this bill). Bill 177: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Establishes a new bus stop location along Kamehameha Avenue for a limited time from 2 p.m. to 3 p.m. on school days. } Re: Comm. 680 Intr. by: Ms. Ford (B/R) 1 s' Reading: October 17, 2007 Hawaii County Council-23 Page 16 November 7, 2007 Bill 178: 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 ($50,423); appropriates same to Rescue Equipment-Private. } Re: Comm. 681 Intr. by: Mr. Yagong ]s' Reading: October 17, 2007 REPORTS FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended REPORT: July 31, 2007. FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended REPORT: August 31, 2007. REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regazding the following cases, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote pursuant to HRS Section 92-4 and Rule 11 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 750: CLAIM AGAINST THE COUNTY/OWEN TAKEI From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 19, 2007. Comm. 751: CLAIM AGAINST THE COUNTY/PATRICIA D. ST. CLAIR From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 19, 2007. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS MONDAY, NOVEMBER 19, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, NOVEMBER 20, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA Hawaii County Council-23 Page 17 November 7, 2007 TUESDAY, DECEMBER 4, 2007 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, DECEMBER 5, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, DECEMBER 18, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, DECEMBER 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. 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 November 5, 2007. Persons using TDDs may call 961-8521. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at http://co.hawaii.hi.us/council/a eg ndas and actions.htm; the County Clerk's Office, 333 Kilauea Avenue, Hilo; the Office of the Mayor, 75-5706 Kuakini Highway, Suite 103, Kailua-Kona; the Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and the Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea. For further information, please call 961-8255. V ideoconferencinQ 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. • V ideoconferencing from the Pahoa Neighborhood Facility will not be available. Submitting Testimonv: Those wishing to testify in person must register with the County Clerk's staff. Those submitting written testimony at the meeting should bring seventeen (17) copies for distribution. Testimony may also be submitted (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni St., Hilo, Hawaii, 96720; (2) by Hawaii County Council-23 Page 18 November 7, 2007 facsimile to (808) 961-8912; or (3) by e-mail to counciltestimon~Ca~co.hawaii.hi.us. Please submit separate testimony for each item. For testimony received via a-mail or fax, copies will be distributed at the meeting when transmitted in a timely manner. All oral and written testimony will be made a part of the public record. Viewing of Meetings on Government Access Television -Channel 52: Wednesday, November 14, 2007, at 6 p.m.; Sunday, November 18, 2007, at 10:30 a.m.; and Wednesday, November 21, 2007, at 6 p.m.