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HomeMy WebLinkAboutAGE COUNCIL 2007/12/05 2006-2008 .,.....~-M_.~... ~,~....w...~..~ ~<Y Os y PETE HOFFMANN BRENDA FORD Chair & Presiding Officer ~%4. STAGY K. HIGH DONALDIKEDA K. ANGEL PILAGO BOB JACOBSON rice ('hmr %'~•br,H~'~~` EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawui'i Hawaii County Building ~ 25 Aupuni Street Hilo, Hawaii 96720 ~ o GQ C ~I ro t?-i -c . o0 25`x' Session ~ . ~ i_7 3 ORDER OF BUSINESS ~l'n v w c» Hawaii County Council 333 Kilauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawaii Wednesday, December 5, 2007 8:30 a.m. INVOCATION Father Thomas Purayidathil of St. Joseph Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES October 17, 2007 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer. . Hawaii County Council-25 Page 2 December 5, 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. 589.5: LEGISLATIVE LIAISON TASK FORCE STATUS REPORT From Council Chair Pete Hoffmann, received on November 26, 2007, requesting that this matter be agendized. ORDER OF RESOLUTIONS Res. 386-07: Urges the Department of Hawaiian Home Lands and Other Property Owners Not to Negotiate Any Commercial Leases for Big Box Stores or Other Super Stores in South Hilo Until There is an Alternate Route Between Hilo and Puna. {Urges that commercial leases not be negotiated until an alternate route is constructed and existing traffic congestion is relieved on Highways 130 and 11.}; and PC-53. Res. 398-07: Authorizes the Acquisition of Private Property by Eminent Domain, Being a Portion of Tax Map Key:(3)2-3-043:005, Situate at Kukuau, District of South Hilo, County and State of Hawaii, for the Construction of a Sewer System Upgrade. {Acquisition and condemnation of Sewer Line A (2,744 square feet) and Sewer Line B (3,299 square feet) is necessary for the construction, operation, and maintenance of a sewer system upgrade connecting Komohana Heights Subdivision and adjacent properties to the Counry's sewer system.} Res. 412-07: Encourages and Prompts the World Triathlon Corporation to Utilize "100% Kona Coffee" as the "Official Coffee" for All Future World Triathlon Corporation Sponsored Events in Kailua-Kona, Hawaii. {States that the World Triathlon Corporation be respectful of Kona's coffee farmers, of our agricultural community, and our unique crops and products by using only "100% Kona Coffee" as the "official coffee".}; and HSEDC-7; and Comm. 793.1: From Council Member Brenda J. Ford, dated November 20, 2007, transmitting proposed amendments to Resolution 412-07. Res. 415-07: 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 Department of Parks and Recreation Aquatics Pools Equipment (Kona Community Aquatics Center Pool). Contingency Relief funds from District 8 would be used to purchase a Dolphin Robotic Pool Cleaner, Aeration Water Canon, Safety Walk Matting, and Lane Line Reels for the Kona Community Aquatics Center Swimming Pool.}; and FC-199. Hawaii County Council-25 Page 3 December 5, 2007 Res. 418-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii, Hawaii Tourism Authority, Pursuant to HRS 46-7, to Extend the Waipi`o Park Ranger Pilot Program. {Authorizes funding to the Research and Development Department to extend the Waipi`o Park Ranger Pilot Program as described in the Scope of Services in Exhibit "A" (attached).}; and FC-200. Res. 419-07: Authorizes the Adoption of USDA Form Resolution 1780-27 Providing for the Incurrence of Indebtedness for the Financing of a Water Department Project Referred to as [he Andrade Camp Waterline Improvements; to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the USDA Grant Portion of the Costs of the Project; and to Authorize the Mayor, Manager of the Department of Water Supply, Finance Director, and the Chair of the County Council to Take All Action(s) Necessary to Facilitate and Execute Such Loan and Grant Agreements. {Authorizes the Office of the Mayor to enter into a grant agreement with the United States Department of Agriculture for a grant in the amount of $510,500 to be applied to the costs of the Project.}; and FC-203. Res. 421-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expense (Moku O Keawe International Festival). Contingency Relief funds from District 4 would be used towards [he Moku O Keawe International Festival. } Res. 423-07: 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 Department of Research and Development New Industry and Industry Development (Miscellaneous Contract Services, Micronesians United-Big Island). Contingency Relief funds from District 6 would be used to support Micronesians United -Big Island.} Res. 424-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Planning Department, Planning Other Current Expense, Miscellaneous Contract Services (Envision Downtown Hilo 2025, Phase ll). Contingency Relief funds from District 6 would be used to support Phase 11 of the Envision Downtown Hilo 2025 project.} Hawaii County Council-25 Page 4 December 5, 2007 Res. 425-07: 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 Department of Research and Development New Industry and Industry Development Miscellaneous Contract Services (The Kohala Center for the Hawaii County Energy Sustainability Plan). Contingency Relief funds from District 8 would be used to support the implementation of key recommendations of the Hawaii County Energy Sustainability Plan.} Res. 426-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Aquatic Pools Equipment (Automated External Defibrillator (AED) for Kona Pool -Konawaena High School). Contingency Relief funds from District 7 would be used towards the purchase of an AED for the Kona Pool-Konawaena High School.} Res. 427-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $30,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development New Industry and Industry Development Miscellaneous Contract Services (The Kohala Center for the Hawaii County Energy Sustainability Plan). Contingency Relief funds from District 9 would be used by the Kohala Center to support the implementation of key recommendations of the Hawaii County Energy Sustainability Plan.} Res. 430-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $50,372 out and from Area Plan on Aging Other Current Expense; credits same to Elder Abuse Program. Funds would be used to implement the Elder Abuse program to increase awareness of the various forms of elder abuse in ethnic communities around Hawaii County.} Res. 431-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,400 out and from Clerk-Council Services-Contingency Relief account; credits same to Transfer to Capital Project Fund-General (Land Acquisition for Public Works Facilities) (To be allotted to Momona Road Title Search). Contingency Relief funds from District 3 would be used for the coordination fee and completion of a title search and appraisal along Momona Road in Kurtistown.} Hawaii County Council-25 Page 5 December 5, 2007 Res. 432-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development New Industry and Industry Development (Kohala Center for the Hawaii County Energy Sustainability Plan). Contingency Relief funds from District 6 would be used to support the Kohala Center and the Hawaii County Energy Sustainability Plan.} Res. 434-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,243.31 out and from Clerk-Council Services- Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense (Progressive Release Bases). Contingency Relief funds from District 9 would be used towards the purchase of Progressive Release Bases (new mandatory Little League Feld requirement) for the Waimea, Waikoloa, and Kohala baseball fields.} Res. 435-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $41,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Fire Department Ocean Safety Other Current Expense (Lifeguard Station - Pohoiki). Contingency Relief funds from District 5 would be used towards the purchase of a Surveyor Apex Lifeguard Station for Isaac Hale Park in Puna.} 10:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 190: County Council Initiated: Amends Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Wind Energy Facilities Within the Open District. {From Mayor Harry Kim, dated October 17, 2007, transmitting the Planning Commission's letters and enclosures regarding the above matter. The Planning Commission forwards a favorable recommendation regarding the proposed amendment to Chapter 25, which would permit wind energy facilities in the Open (O) zoned district.} (Note: The Council adopted Resolution 235-07 on July 10, 2007, which requested the Planning Commission to review and submit recommendations on this proposed Zoning Code amendment, which are contained in Communication 752.) Bill 200: 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 State Grants -Waipio Park Ranger Pilot Program ($60,000); appropriates same to Waipio Park Ranger Pilot Program.}; and FC-201. _ .-.;~....~...w..w.. _ . _ Hawaii County Council-25 Page 6 December 5, 2007 Bill 201: 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 Fund Balance from Previous Year ($2,806,233); appropriates to the following: Traffic Division -Other Current Expense ($4,000), Highway Maintenance Administration -Other Current Expense ($21,000), Highway Maintenance Administration - Equipment ($694,596), North and South Kohala Road -Other Current Expense ($197,000), North and South Kona Road -Other Current Expense ($30,000), Storm Water Management ($500,000), Highway Mass Transit -Other Current Expense ($489,637), Highway Mass Transit- Equipment ($300,000), Transfer to Capital Project Fund ($570,000), for a total of $2,806,233. Certifies that there is a balance of $2,806,233.43 in the Highway Fund fund balance as of June 30, 2007, and requests that these funds be appropriated to the aforementioned accounts. and FC-202. 10:45 A.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 183: 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 Puukapu, South Kohala, Hawaii, Covered by Tax Map Key:6-7-002-020 (approx. 3.068 acres). {North Hawaii Community Hospital, Applicant.} Bill 184: Amends 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-Acres (A-40a) and Limited Industrial - 20,000 Square Feet (ML-20) to Village Commercial - 7,500 Square Feet (CV-7.5) at Waikoloa, Waimea, Hawaii, Covered by Tax Map Key:6-7-002:020 and Portion 051 (approx. 4.084 acres). {North Hawaii Community Hospital, App I icant. } Bill 189: Amends Chapter 20 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Refuse. {Proposed amendment eliminates whole, cut, sliced, chipped, or shredded tires from the island's landfills.} Bill 191: Amends Ordinance No. 94-98 Which Reclassified Lands from Agricultural - 1 Acre (A-la) and Open (O) to Single Family Residential - 15,000 Square Feet (RS-15) at Keauhou, Ka`u, Hawaii, Covered by Tax Map Key:9-9-006:Portion 008 (Request: Amendment to Change of Zone Ordinance No. 94-98, Condition B-Final Subdivision Approval; approx. 16.7813 acres). {Volcano Fairways Development Corporation, Applicant.} Hawaii County Council-25 Page 7 December 5, 2007 Bill 192: 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 MASS TRANSIT: Bus and Park/Ride - Kona/Puna ($1,689,800); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,689,800). Funds would be used for the purchase of some buses and to develop park and ride facilities in Kona and Puna.} Bill 194 Amends Chapter 3, Article 1, Division 6, Section 3-22, Hawaii County Code 1983 (Draft 2): (2005 Edition, as Amended) Relating to Variances. {Proposed amendment relates to an applicant's responsibilities when submitting a variance application from this Chapter. } Bill I95: 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 -Aggressive Driving Project ($33,750); appropriates same to Aggressive Driving Project.} Bill 196: 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 -Community Oriented Policing Services (COPS) Methamphetamine Initiative ($443,405); appropriates same to COPS Methamphetamine Initiative.} Bill 202: Amends Ordinance No. 07-82, as Amended, [he Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Transfer from General Fund 15,000); appropriates same to North and South Kohala Road - Other Current Expense (Materials for Puako Access Road Paving). Resolution 361-07 adopted on October 17, 2007, transferred $15,000 from the Contingency Relief account (from District 9) to the Highway Fund and will be used by the Public Works Department to purchase materials to pave the Puako Access Road.} REPORTS FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended REPORT: October 31, 2007. PC-56 Recommends approval of the nomination of Mr. Michael Isaacs to the North Kohala (Comm. 805): Community Development Plan (CDP) Steering Committee. Hawaii County Council-25 Page 8 December 5, 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 1 1 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 7.5: WASTE REDUCTION TECHNOLOGY REQUEST FOR PROPOSAL (RFP) NO. 2210 From Finance Director William Takaba, dated November 21, 2007, stating that the Evaluation Committee for the Waste Reduction Technology RFP would like to present a progress report to the Council and answer questions on the Stage 2 design- build-operate proposal currently being negotiated. Comm. 830: CLAIM AGAINST THE COUNTY/AFNI INSURANCE ON BEHALF OF MATSUYAMA FOOD MART From Deputy Corporation Counsel Joseph K. Kamelamela, dated November 21, 2007. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Bill 175 Initiates a Charter Amendment to Article Vl, Chapter 4, of the Hawaii County (Draft 4): 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.} (Note: There is a pending motion by Ms. Naeole and duly seconded by Mr. Jacobson to reconsider Bill 175, Draft 4.) 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 maybe offered and discussed at this meeting. ANNOUNCEMENTS TUESDAY, DECEMBER 18, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA Hawaii County Council-25 Page 9 December 5, 2007 WEDNESDAY, DECEMBER 19, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, JANUARY S, 2007 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, JANUARY 9, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by December 3, 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:/lco.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. Videoconferencine is available at the following locations: • Kona Council Office at the Kailua Trade Center; and • Waimea Council Office at the Holomua Center. If for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. 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 counciltestim~ny c(~co.hawaii.hi.us. Please submit separate testimony for each item. For testimony received via e-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, December 12, 2007, at 6 p.m.; Sunday, December 16, 2007, at 10:30 a.m.; and Wednesday, December 19, 2007, at 6 p.m. M<~ or y PETE HOFFMANN ~ r,••'!r,~ BRENDA FORD ['6oir R Presiding OJ,ficer ~o~ STACY K. RIGA DONALD IKEDA K. ANGELPILAGO BOBJACOBSON r,~e chug ~.r' EMILY I. NAEOLE DOMINIC YAGONG J YOSH[MOTO COUNTY COUNCIL County of Hawai `i Hawai `i Caunty Building 25 Aupuni Street Hilo, Hawaii 96720 25ih Session 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, December 5, 2007 8:30 a.m. INVOCATION Father Thomas Purayidathil of St. Joseph Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES October 17, 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 un Equal Opportunity Provider and Employer. Hawaii County Council-25 Page 2 December 5, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Coinm. 589.5: LEGISLATIVE LIAISON TASK FORCE STATUS REPORT From Council Chair Pete Hoffmann, received on November 26, 2007, requesting that this matter be agendized. ORDER OF RESOLUTIONS Res. 386-07: Urges the Department of Hawaiian Home Lands and Other Property Owners Not to Negotiate Any Commercial Leases for Big Box Stores or Other Super Stores in South Hilo Until There is an Alternate Route Between Hilo and Puna. {Urges that commercial leases not be negotiated until an alternate route is constructed and existing traffic congestion is relieved on Highways 130 and I l.} Re: Comm. 759 Intr. by: Ms. Naeole Approve: PC-53 Postponed: November 20, 2007 (Note: There is a pending motion by Ms. Naeole and duly seconded by Mr. Pilago to approve Resolution 386-07.) Res. 398-07: Authorizes the Acquisition of Private Property by Eminent Domain, Being a Portion of Tax Map Key:(3)2-3-043:005, Situate at Kukuau, District of South Hilo, County and State of Hawai` i, for the Construction of a Sewer System Upgrade. {Acquisition and condemnation of Sewer Line A (2,744 square feet) and Sewer Line B (3,299 square feet) is necessary for the construction, operation, and maintenance of a sewer system upgrade connecting Komohana Heights Subdivision and adjacent properties to the County's sewer system. } Re: Comm. 773 Intr. by: Ms. Ford 1" Reading: November 20, 2007 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes Hawaii County Council-25 Page 3 December 5, 2007 Res. 412-07: Encourages and Prompts the World Triathlon Corporation to Utilize "100% Kona Coffee" as the "Official Coffee" for All Future World Triathlon Corporation Sponsored Events in Kailua-Kona, Hawaii. {States that the World Triathlon Corporation be respectful of Kona's coffee farmers, of our agricultural community, and our unique crops and products by using only "100% Kona Coffee" as the "official coffee".} Re: Comm. 793 Intr. by: Ms. Ford Approve: HSEDC-7 ;and Comm. 793.1: From Council Member Brenda J. Ford, dated November 20, 2007, transmitting proposed amendments to Resolution 412-07. Res. 415-07: 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 Department of Parks and Recreation Aquatics Pools Equipment (Kona Community Aquatics Center Pool). Contingency Relief funds from District 8 would be used to purchase a Dolphin Robotic Pool Cleaner, Aeration Water Canon, Safety Walk Matting, and Lane Line Reels for the Kona Community Aquatics Center Swimming Pool.} Re: Comm. 796 intr. by: Mr. Pilago Approve: FC-199 Res. 418-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii, Hawaii Tourism Authority, Pursuant to HRS 46-7, to Extend the Waipi`o Park Ranger Pilot Program. {Authorizes funding to the Research and Development Department to extend the Waipi`o Park Ranger Pilot Program as described in the Scope of Services in Exhibit "A" (attached).} Re: Comm. 800 Intr. by: Mr. Yagong Approve: FC-200 Hawaii County Council-25 Page 4 December 5, 2007 Res. 419-07: Authorizes the Adoption of USDA Form Resolution 1780-27 Providing for the Incurrence of Indebtedness for the Financing of a Water Department Project Referred to as the Andrade Camp Waterline Improvements; to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the USDA Grant Portion of the Costs of the Project; and to Authorize the Mayor, Manager of the Department of Water Supply, Finance Director, and the Chair of the County Council to Take All Action(s) Necessary to Facilitate and Execute Such Loan and Grant Agreements. {Authorizes the Office of the Mayor to enter into a grant agreement with the United States Department of Agriculture for a grant in the amount of $510,500 to be applied to the costs of the Project.} Re: Comm. 802 Intr. by: Mr. Yagong Approve: FC-203 Res. 421-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expense (Moku O Keawe International Festival). Contingency Relief funds from District 4 would be used towards the Moku O Keawe International Festival. } Re: Comm. 808 Intr. by: Mr. Higa Waived: FC Res. 423-07: 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 Department of Research and Development New Industry and Industry Development (Miscellaneous Contract Services, Micronesians United-Big Island). Contingency Relief funds from District 6 would be used to support Micronesians United -Big Island.} Re: Comm. 810 Intr. by: Mr. Jacobson Waived: FC _ M. _ _ _ _ Hawaii County Council-25 Page S December S, 2007 Res. 424-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Planning Department, Planning Other Current Expense, Miscellaneous Contract Services (Envision Downtown Hilo 2025, Phase II). Contingency Relief funds from District 6 would be used to support Phase II of the Envision Downtown Hilo 2025 project.} Re: Comm. 811 Intr. by: Mr. Jacobson Waived: FC Res. 425-07: 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 Department of Research and Development New Industry and Industry Development Miscellaneous Contract Services (The Kohala Center for the Hawaii County Energy Sustainability Plan). Contingency Relief funds from District 8 would be used to support the implementation of key recommendations of the Hawaii County Energy Sustainability Plan.} Re: Comm. 818 Intr. by: Mr. Pilago Waived: FC Res. 426-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Aquatic Pools Equipment (Automated External Defibrillator (AED) for Kona Pool -Konawaena High School). Contingency Relief funds from District 7 would be used towards the purchase of an AED for the Kona Pool-Konawaena High School.} Re: Camm.819 Intr. by: Ms. Ford Waived: FC ~ ..._w._._-~__. ~ Hawaii County Council-25 Page 6 December 5, 2007 Res. 427-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $30,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development New Industry and Industry Development Miscellaneous Contract Services (The Kohala Center for the Hawaii County Energy Sustainability Plan). Contingency Relief funds from District 9 would be used by the Kohala Center to support the implementation of key recommendations of the Hawaii County Energy Sustainability Plan.} Re: Comm. 820 Intr. by: Mr. Hoffmann Waived: FC Res. 430-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $50,372 out and from Area Plan on Aging Other Current Expense; credits same to Elder Abuse Program. Funds would be used to implement the Elder Abuse program to increase awareness of the various forms of elder abuse in ethnic communities around Hawaii County.} Re: Comm. 827 Intr. by: Mr. Yagong Waived: FC Res. 431-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,400 out and from Clerk-Council Services-Contingency Relief account; credits same to Transfer to Capital Project Fund-General (Land Acquisition for Public Works Facilities) (To be allotted to Momona Road Title Search). Contingency Relief funds from District 3 would be used for the coordination fee and completion of a title search and appraisal along Momona Road in Kurtistown.} Re: Comm. 828 Intr. by: Mr. Yoshimoto Waived: FC Res. 432-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development New Industry and Industry Development (Kohala Center for the Hawaii County Energy Sustainability Plan). Contingency Relief funds from District 6 would be used to support the Kohala Center and the Hawaii County Energy Sustainability Plan.} Re: Comm. 829 Intr. by: Mr. Jacobson Waived: FC Hawaii County Council-25 Page 7 December 5, 2007 Res. 434-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,243.31 out and from Clerk-Council Services- Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense (Progressive Release Bases). Contingency Relief funds from District 9 would be used towards the purchase of Progressive Release Bases (new mandatory Little League field requirement) for the Waimea, Waikoloa, and Kohala baseball fields.} Re: Comm. 832 Intr. by: Mr. Hoffmann Waived: FC Res. 435-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $41,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Fire Department Ocean Safety Other Current Expense (Lifeguard Station - Pohoiki). Contingency Relief funds from District 5 would be used towards the purchase of a Surveyor Apex Lifeguard Station for Isaac Hale Park in Puna.} Re: Comm. 833 Intr. by: Ms. Naeole Waived: FC 10:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 190: County Council Initiated: Amends Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Wind Energy Facilities Within the Open District. {From Mayor Harry Kim, dated October 17, 2007, transmitting the Planning Commission's letters and enclosures regarding the above matter. The Planning Commission forwards a favorable recommendation regarding the proposed amendment to Chapter 25, which would permit wind energy facilities in the Open (O) zoned district.} (Note: The Council adopted Resolution 235-07 on July 10, 2007, which requested the Planning Commission to review and submit recommendations on this proposed Zoning Code amendment, which are contained in Communication 752.) Re: Comm. 752 Intr. by: Mr. Pilago Waived: PC ;and Comm. 752.1: From Planning Committee Chair K. Angel Pilago, dated November 26, 2007, requesting that this matter be waived from the Planning Committee. _............,~.........w...i~.........._.___. _,.a. _ Hawaii County Council-25 Page 8 December 5, 2007 Bill 200: 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 State Grants -Waipio Park Ranger Pilot Program ($60,000); appropriates same to Waipio Park Ranger Pilot Program.} Re: Comm. 800 Intr. by: Mr. Yagong Approve: FC-201 Bill 201: 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 Fund Balance from Previous Year ($2,806,233); appropriates to the following: Traffic Division -Other Current Expense ($4,000), Highway Maintenance Administration -Other Current Expense ($21,000), Highway Maintenance Administration - Equipment ($694,596), North and South Kohala Road -Other Current Expense ($197,000), North and South Kona Road -Other Current Expense ($30,000), Storm Water Management ($500,000), Highway Mass Transit -Other Current Expense ($489,637), Highway Mass Transit -Equipment ($300,000), Transfer to Capital Project Fund ($570,000), for a total of $2,806,233. Certifies that there is a balance of $2,806,233.43 in the Highway Fund fund balance as of June 30, 2007, and requests that these funds be appropriated to the aforementioned accounts.} Re: Comm. 801 Intr. by: Mr. Yagong Approve: FC-202 10:45 A.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 183: 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 Puukapu, South Kohala, Hawaii, Covered by Tax Map Key:6-7-002-020 (approx. 3.068 acres). {North Hawaii Community Hospital, Applicant.} Re: Comm. 701 Intr. by: Mr. Pilago 1"Reading: November 20, 2007 _ _ ,_n....~.~ w _ _ _ Hawaii County Council-25 Page 9 December 5, 2007 Bill 184: Amends Section 25-8-I 1 (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-Acres (A-40a) and Limited Industrial - 20,000 Square Feet (ML-20) to Village Commercial - 7,500 Square Feet (CV-7.5) at Waikoloa, Waimea, Hawaii, Covered by Tax Map Key:6-7-002:020 and Portion 051 (approx. 4.084 acres). {North Hawaii Community Hospital, Applicant.} Re: Comm. 701 Intr. by: Mr. Pilago l~' Reading: November 20, 2007 Bill 189: Amends Chapter 20 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Refuse. {Proposed amendment eliminates whole, cut, sliced, chipped, or shredded tires from the island's landfills.} Re: Comm. 738 Intr. by: Ms. Naeole 1 s' Reading: November 20, 2007 Bill 191: Amends Ordinance No. 94-98 Which Reclassified Lands from Agricultural - 1 Acre (A-la) and Open (O) to Single Family Residential - 15,000 Square Feet (RS-15) at Keauhou, Ka`u, Hawaii, Covered by Tax Map Key:9-9-006:Portion 008 (Request: Amendment to Change of Zone Ordinance No. 94-98, Condition B-Final Subdivision Approval; approx. 16.7813 acres). {Volcano Fairways Development Corporation, Applicant.} Re: Comm. 753 Intr. by: Mr. Pilago 1 s' Reading: November 20, 2007 Bill 192: 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 MASS TRANSIT: Bus and ParWRide - Kona/Puna ($1,689,800); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,689,800). Funds would be used for the purchase of some buses and to develop park and ride facilities in Kona and Puna.} Re: Comm. 755 Intr. by: Mc Yagong 1 s` Reading: November 20, 2007 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-25 Page 10 December 5, 2007 Bill 194 Amends Chapter 3, Article 1, Division 6, Section 3-22, Hawaii County Code 1983 (Draft 2): (2005 Edition, as Amended) Relating to Variances. {Proposed amendment relates to an applicant's responsibilities when submitting a variance application from this Chapter. } Re: Comm. 762.2 Intr. by: Ms. Ford 1" Reading: November 20, 2007 Bill 195: 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 -Aggressive Driving Project ($33,750); appropriates same to Aggressive Driving Project.} Re: Camm.766 Intr. by: Mr. Yagong 1 s' Reading: November 20, 2007 Bill 196: 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 -Community Oriented Policing Services (COPS) Methamphetamine Initiative ($443,405); appropriates same to COPS Methamphetamine Initiative.} Re: Comm. 767 Intr. by: Mr. Yagong 1" Reading: November 20, 2007 Bill 202: 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 15,000); appropriates same to North and South Kohala Road - Other Current Expense (Materials for Puako Access Road Paving). Resolution 361-07 adopted on October 17, 2007, transferred $15,000 from the Contingency Relief account (from District 9) to the Highway Fund and will be used by the Public Works Department to purchase materials to pave the Puako Access Road. } Re: Comm. 806 Intr. by: Mr. Yagong 1 Reading: November 20, 2007 Hawaii County Council-25 Page 11 December 5, 2007 REPORTS FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended REPORT: October 31, 2007. PC-56 Recommends approval of the nomination of Mr. Michael Isaacs to the North Kohala (Comm. 805): Community Development Plan (CDP) Steering 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 [he 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 I 1 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 7.5: WASTE REDUCTION TECHNOLOGY REQUEST FOR PROPOSAL (RFP) NO. 2210 From Finance Director William Takaba, dated November 21, 2007, stating that the Evaluation Committee for the Waste Reduction Technology RFP would like to present a progress report to the Council and answer questions on the Stage 2 design- build-operate proposal currently being negotiated. Comm. 830: CLAIM AGAINST THE COUNTY/AFNI INSURANCE ON BEHALF OF MATSUYAMA FOOD MART From Deputy Corporation Counsel Joseph K. Kamelamela, dated November 21, 2007. Hawaii County Council-25 Page 12 December 5, 2007 OTHER BUSINESS (including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Bill 175 Initiates a Charter Amendment to Article VI, Chapter 4, of the Hawaii County (Draft 4): 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. 662.28 Intr. by: Mr. Pilago Postponed: October 3, 2007 1~` Reading: October 17, 2007 Amended to Draft 4 and Filed: November 7, 2007 (due to a vote of 5-ayes and 4-noes); Second of three required readings, Section IS-I(a), Hawaii County Charter, 2/3 vote required. Motion to Reconsider: November 20, 2007 (Note: There is a pending motion by Ms. Naeole and duly seconded by Mr. Jacobson to reconsider Bill 175, Draft 4.) 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 maybe offered and discussed at this meeting. ANNOUNCEMENTS TUESDAY, DECEMBER 18, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, DECEMBER ]9, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, JANUARY 8, 2007 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-25 Page 13 December 5, 2007 WEDNESDAY, JANUARY 9, 2007 COUNCIL 9:OOa.m. COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by December 3, 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 h~~//co hawaii hi us/counciVa~endas and actions.htm; the County Clerk's Office, 333 Kiauea 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. Videoconferencine is available at the following locations: • Kona Council Office at the Kailua Trade Center; and • Waimea Council Office at the Holomua Center. If for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. 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 (I) 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 counciltestimony~a co.hawaii.hi.us. Please submit separate testimony for each item. For testimony received via e-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 iewin~ of Meetings on Government Access Television -Channel 52: Wednesday, December 12, 2007, at 6 p.m.; Sunday, December 16, 2007, at 10:30 a.m.; and Wednesday, December 19, 2007, at 6 p.m.