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HomeMy WebLinkAboutAGE COUNCIL 2008/04/22 2006-2008 _ . _ r!F.?!., BRENDA FORD PETE HOFFMANN . Chair & Pres~dmgOjfirer '~4 STACY K. RIGA • DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON ,Choir i~r EMILY I. NAEOLE `Of DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawai `i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 N Q O CJ~ 34"' Session rJr1 ~ C % ~ ~.t . ~ ; _ 1--~ r-; rn ORDER OF BUSINESS ' i~c Hawaii County Council ~ Sheraton Keauhou Bay Resort and Spa _ rv 78-128 Ehukai Street - Kailua-Kona, Hawaii Tuesday, April 22, 2008 8:00 a.m. INVOCATION Reverend Tullos Jones of Kona Baptist Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 12, 2008 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests of the People of Our Island Hawui'i County is an Equa! Opportunity Provider and Employer. Hawaii County Council-34 Page 2 April 22, 2008 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS (EXCEPT FOR RESOLUTION 565-08 WHICH WILL BE TAKEN AT 3:00 P.M.) COMMUNICATIONS Comm. 589.15: UPDATE OF THE ACTIVITIES OF THE LEGISLATIVE LIAISON From Council Chair Pete Hoffmann, dated April 11, 2008, requesting this matter be agendized in order for the Ad Hoc Task Force to apprise the Council on the activities of the legislative liaison. Comm. 1 147: PROPOSED HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) 2008-2009 ANNUAL OPERATING BUDGET From Council Member Bob Jacobson, dated April 8, 2008, requesting Council's action on the proposed annual operating budget for Fiscal Year 2008-2009. ORDER OF RESOLUTIONS Res. 573-08: Requests the Hawaii County Department of Public Works Traffic Division and the Hawaii State Department of Transportation Highways Division to Cooperatively Study and Recommend Interim Traffic Pattern Options for State Highway 130 and Adjacent County Roads in the Area of the Kea`au Bypass; and PWIRC-66. Res. 578-08: Recommends that All Newly-Constructed County Facilities Comply with the Energy-Efficient Building Practices Specified in the International Energy Conservation Code. {Calls upon the Mayor to assign qualified administrative personnel to serve as "green" building experts to oversee implementation of the International Code Council's International Energy Conservation Code at County facilities, in order to meet the County's energy goals.}; and FESC-3. Res. 582-08: Creates a Program Manager Position for the Office of the Prosecuting Attorney. {The County Council adopted Resolution 303-07 requesting the Mayor to create a Community Violence Coordinator position. This position would ensure that all agencies (government and non-government) that respond to domestic violence create a strategic response to the problem.}; and FC-270. Res. 583-08: Authorizes the Director of Finance to Negotiate a Lease of Real Property, Being a Portion of 34 Rainbow Drive (Old Hilo Hospital Complex), Situate at Pi`ihonua, District of South Hilo, County and State of Hawaii, and Identified as Being a Portion of Tax Map Key:(3)2-3-026:008, to Hawaii Island Adult Care, Inc. {Authorizes the negotiation of a three-year lease as the prior lease and its renewals, between the County of Hawaii and Hawaii Island Adult Care, Inc., have expired.}; and FC-27 ] . Hawaii County Council-34 Page 3 April 22, 2008 Res. 594-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $12,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney Kona Prosecuting Attorney -Other Current Expense (Grassroots Community Development Group). Contingency Relief funds from District 6 would be used to support the Grassroots Community Development Group and the Kupukupu After School Anti-Drug Program. } Res. 595-08: 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 Liquor Control Public Programs (Project Grad Night 2008). Contingency Relief funds from District 3 would be used towards Kea`au High School's Project Grad Night, scheduled for May 30, 2008.} Res. 597-08: 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 Research and Development Agriculture Research and Development Other Current Expense (A Taste of Puna). Contingency Relief funds from District 5 would be used to fund "A Taste of Puna".} Res. 598-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $33,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Planning Department, Planning Other Current Expense Miscellaneous Contract Services (North and South Kona Community Development Plan). Contingency Relief funds from District 8 would be used towards costs associated with retaining a special tax consultant to prepare a financing plan for the North and South Kona Community Development Plan.} Res. 599-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,200 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion Miscellaneous Contract Services (Kapoho Tidepools Visitor Access Manager). Contingency Relief funds from District 5 would be used to fund a Kapoho Tidepools "Visitor Access Manager".} Hawaii County Council-34 Page 4 April 22, 2008 Res. 600-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s) for the 2008 County Office Support Staff Conference. {Transfers/appropriates $1,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Human Resources Training Expenses (2008 County Office Support Staff). Contingency Relief funds from District 5 would be used towards the 2008 County Office Support Staff Conference.} Res. 601-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $24,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion Miscellaneous Contract Services (Lyman Museum Island Heritage Gallery Exhibit). Contingency Relief funds from District 2 would be used to help defray costs for the planning and development of the Lyman Museum Island Heritage Gallery. } Res. 602-08: 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 Department of Liquor Control Public Programs, Miscellaneous Contract Services. Contingency Relief funds from District 4 would be used to help defray expenses associated with the Hilo High School Project Grad. } Res. 603-08: 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 Department of Liquor Control Public Programs, Miscellaneous Contract Services. Contingency Relief funds from District 4 would be used to help defray expenses associated with the Waiakea High School Project Grad. } Res. 604-08: 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 Office of the Management Coqui Frog Eradication Efforts (Study Integrated Pest Management Control Methods for the Coqui Frog). Contingency Relief funds from District 4 would be used towards the study of methods to eradicate Coqui frogs.} Hawaii County Council-34 Page 5 April 22, 2008 Res. 608-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $22,362 out and from Clerk-Council Services-Contingency Relief account; credits to the following: South Hilo Police- Salaries and Wages ($11,181), Waimea Police - Salazies and Wages ($5,590.50), Puna Police -Salaries and Wages ($5,590.50), for a total of $22,362.} {Funding for four Police Officer II positions was removed from the Police Department's budget and placed into the Contingency Relief account. Requests that these funds be placed back into their account so it can be utilized for the 72"d Police Recruit class.} Res. 609-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Liquor Control Public Programs. Contingency Relief funds from District 2 would be used towazds expenses incurred by the 2008 St. Joseph High School Grad Night Celebration.} Res. 610-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Liquor Control Public Programs. Contingency Relief funds from District 2 would be used towards expenses incurred by the 2008 Waiakea High School Grad Night.} Res. 611-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Liquor Control Public Programs. Contingency Relief funds from District 2 would be used towards expenses incurred by the 2008 Hilo High School Grad Night.} Res. 612-08: 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 Liquor Control Public Programs. Contingency Relief funds from District 3 would be used towards Waiakea High School's Grad Night, scheduled for May 31, 2008.} Res. 613-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $14,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Housing and Community Development Transfer to Housing Fund (Office for Social Ministry (OSM)-Hawaii Island Mobile Care Health Project). Contingency Relief funds from District 8 would be used for the OSM's Mobile Care Health Project dental care services.} Hawaii County Council-34 Page 6 April 22, 2008 Res. 614-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific (Prime Time Football Clinic). Contingency Relief funds from District 1 would be used to offset the cost of holding a Prime Time National Football League Clinic which would be held in Honoka`a to provide fundamental training with the Oakland Raiders.} Res. 617-08: Authorizes the Mayor of the County of Hawaii to Execute and Submit the 2008 Action Plan and All Other Related Documents to the United States Department of Housing and Urban Development (HUD) for the 2008 Community Development Block Grant (CDBG) and to the State's Hawaii Housing Finance acrd Development Corporation for the HOME Investment Partnerships (HOME) and American Dream Downpayment Initiative (ADDI) Programs. {Resolves that the Mayor or authorized representative execute and submit the 2008 Action Plan and all other related documents and agreements necessary to process the CDBG, HOME, and ADDI programs to HUD and the State's Hawaii Housing Finance and Development Corporation.} Res. 618-08: 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 Office of Housing and Community Development Transfer to Housing Fund (Office of Social Ministry-Mobile Care Health Project- District 6). Contingency Relief funds from District 6 would be used to support the Office for Social Ministry-Mobile Care Health Project.} Res. 619-08: 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 Human Resources Training Expenses (2008 Office Support Staff Conference). Contingency Relief funds from District 3 would be used towards the 2008 Office Support Staff Conference, scheduled for May 29, 2008.} Res. 620-08: Appoints the Hawaii County Council Representative and Alternate to Serve on the Hawaii State Association of Counties (HSAC) Executive Committee and the Representative to Serve on the Western Interstate Region (WIR) Board of Directors. {Appoints Council Member Bob Jacobson to the HSAC Executive Committee and WIR Board of Directors and Council Member Brenda Ford as the alternate to the HSAC Executive Committee.} Hawaii County Council-34 Page 7 April 22, 2008 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) AND ORDER OF THE DAY (SECOND OR FINAL READING) (EXCEPT FOR BILLS 269 AND 280 WHICH WILL BE TAKEN AT 3:00 P.M.) (NOTE: COUNCIL WILL TAKE AONE-HOUR LUNCH BREAK FROM NOON TO 1:00 P.MJ BILLS FOR ORDINANCES (FIRST READING) Bill 237: Planning Director Initiated: Repeals Ordinance No. 97-102 and Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 15,000 Square Feet (RS-15) to Residential and Agricultural - 5 Acre (RA-Sa) at Kahua ls`, North Kohala, Hawaii, Covered by Tax Map Key:5-9-001:008 (approx. 37.880 acres); and PC-82. Bill 270: Initiates a Charter Amendment to Article III, Article VII, and Article XIII of the Hawaii County Charter (2000), Relating to the Establishment of an Office of Police Oversight and Complaints. {The proposed amendment removes a portion of the responsibility for oversight of the Police Department from the Police Commission and assigns it to the Office of Police Oversight and Complaints which is headed by a director that is appointed by the Council, and reassigns the ability to hire staff from the Police Commission to the Office of Police Oversight and Complaints and its director.}; and PWIRC-68. Bill 274: Amends Ordinance No. 95-55 Which Reclassified Lands from Agricultural - 10 Acres (A-l0a) and Agricultural - 3 Acres (A-3a) to Agricultural - 1 Acre (A-1 a) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-48:93 and Portion of 13 (Request: Amendment to Change of Zone Ordinance No. 95-55) (Parcel 1:4.502 acres; and Parcel 2:37.247 acres). {Nani Mau, Inc., Applicant.}; and PC-81. Bill 275: 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 Federal Grants -Violence Against Women ($26,902); appropriates same to Violence Against Women.} {Increases the appropriation of the Violence Against Women account to $101,902 (an additional $26,902 over the amount appropriated through the budget process).}; and FC-269. Bill 276: Initiates a Charter Amendment to Article III, Legislative Branch, County Council, Section 3-17, of the Hawaii County Charter 2000 (2006 Edition), Relating to the County Reapportionment Commission, Amending Section 3-17 in its Entirety, Renaming it the Redistricting Commission, and Establishing Appropriate Redistricting Criteria. {The proposed amendment replaces the language of the present Section 3-17 in its entirety and renames the section, "County Redistricting and the Redistricting Commission".}; and PWIRC-67. ;and (Comm. 1121.1 continues on the next page.) Hawaii County Council-34 Page 8 April 22, 2008 Comm. 1 121.1: From Council Member Brenda J. Ford, dated April 9, 2008, transmitting proposed amendments to Bill 276, as listed in this Communication. Bill 282: 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 Wireless Enhanced 911 Fees ($415,290.55); appropriates same to Wireless Enhanced 91 l.} {The additional appropriation is needed to execute the option year of the contract from May 1, 2008, to April 3Q 2009, with Akimeka, LLC, to serve as the Police Department's Wireless 911 Project Manager (current contract will expire on April 30, 2008).} BiII 286: 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 the following: Federal - 2008 HOME Program ($989,346) and HOME -Program Income ($25,000), for a total of $1,014,346; appropriates to the following: Kumakua Mutual Self-Help, Phase 2, Hawaii Island Community Development Corporation ($200,000), Tenant Based Rental Assistance ($700,000), American Dream Downpayment Initiative ($29,346), and Office of Housing and Community Development Administration ($85,000), for a total of $1,014,346.} Bill 287: 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 the following: Federal - 2008 Block Grant ($2,386,152) and Block Grant -Program Income ($60,000), for a total of $2,446,152; appropriates to the following: Removal of Architectural Barriers -Americans with Disabilities Act Compliance - Various County Facilities ($1,041,152), Residential Emergency Repair Program ($400,000), West Hawaii Domestic Abuse Shelter- Child and Family Services Real Property, Inc. -Emergency Services ($185,000), Hospice of Hilo ln-Patient Facility -Site Improvements ($500,000), and Administration, Planning and Fair Housing ($320,000), for a total of $2,446,152.} Bill 288: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Adds PUBLIC WORKS: West Hawaii Civic Center ($25,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources. Funds would be used towards the West Hawaii Civic Center Project consolidating County agencies providing a centralized facility where the public can access County services, improving operating efficiencies and intergovernmental business.} ORDER OF THE DAY (SECOND OR FINAL READING) Bill 209 Amends Chapter 2, Article 15, of the Hawaii County Code 1983 (2005 Edition, as (Draft 4): Amended), Relating to the Imposition of Administrative Fines for V iolations of the County Code of Ethics. {Adds a provision giving the Board of Ethics authority to impose administrative fines up to $1,000 for violations of the County Ethics Code.} Hawaii County Council-34 Page 9 April 22, 2008 Bill 235 Planning Director Initiated: Amends Ordinance No. 96-7 by Amending the Portion (Draft 3): of Condition M.4 Relating to the Construction of a Barricade or Breakaway Gate to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Prior to the Opening of the Entire Mamalahoa Bypass. Ordinance No. 96-7 Reclassified Lands from Unplanned (U) to Agricultural 1-Acre (A-la) at Honuaino 3rd and 4°i, Hokukano ls` and 2"a, Haleki`i, Keekee ls' and 2"a, Ilikahi, Kanakau ls` and 2"d, Kalukalu ls' 2"a and 3`a, and Onouli ls`, North and South Kona, Hawaii, Covered by Tax Map Key:7-9-12:4 & 1 I; 8-1-4:3, 7, 65 & 68; 8-1-27:16, 20, 21, 27-43; 8-1-28:9, 1Q 19-28, 30, 44-47; 8-1-30:1-3, 5-9, 12-53; 8-1-32:1-54; 8-1-33:1-20; 8-1-34:1-25 (formerly 7-9-12: Portion of 3, 4 & 11 and 8-1-4: Portion of 3), and Included a Condition M.4 Stating that a Barricade or Breakaway Gate Meeting with the Requirements of the Department of Public Works, Shall be Installed by the Applicant as Part of the Required Haleki`i Street Improvements, the Purpose of this Condition Being to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Between the Existing Mamalahoa Highway and a Portion of the Mamalahoa Highway Bypass Until the Entire Proposed Mamalahoa Highway Bypass Between the Approximate Vicinity of Keauhou and Captain Cook has been Completed and Opened for General Public Use. ;and Comm. 997.19: From Council Member Brenda J. Ford, dated April 1Q 2008, transmitting proposed amendments to Bill 235, Draft 3. Bill 236 Planning Director Initiated: Amends Ordinance No. 96-8 by Amending the Portion (Draft 3): of Condition L.4 Relating to the Construction of a Barricade or Breakaway Gate to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Prior to the Opening of the Entire Mamalahoa Bypass. Ordinance No. 96-8 Reclassified Lands from Agricultural 5-Acre (A-Sa) and Unplanned (U) to Agricultural 1-Acre (A-la) at Honuaino 3`d and 4'h, Hokukano ls' and 2"d, Kanaueue l~' and 2"a, Haleki`i, Keekee Is' and 2"a, Ilikahi, Kanakau ls' and 2"a, Kalukalu l~' 2"a and 3`a, and Onouli 1~` North and South Kona, Hawaii, Covered by Tax Map Key:7-9-12:4, 6, 9, 29; 8-1- 4: 3, 56, 59-62, 64, 70; 8-1-26:]-3, 5-9, 11-57; 8-1-27:1-15, 17-26, 33-38, 43; 8-1- 28:1-3, 7-18, 28-38, 40-43; 8-1-29:1, 2, 4, 6-46, 53-59, 62, 63; 8-1-30:1-9, 49, 51 (formerly 7-9-6: Portion of 1, 7-9-12: Portions of 3 and 4 and 8-1-4: Portion of 3), and Included a Condition L.4 Stating that a Barricade or Breakaway Gate Meeting with the Requirements of the Department of Public Works, Shall be Installed by the Applicant as Part of the Required Haleki`i Street Improvements, the Purpose of this Condition Being to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Between the Existing Mamalahoa Highway and a Portion of the Mamalahoa Highway Bypass Until the Entire Proposed Mamalahoa Highway Bypass Between the Approximate Vicinity of Keauhou and Captain Cook has been Completed and Opened for General Public Use. ;and Comm. 997.20: From Council Member Brenda J. Ford, dated April 10, 2008, transmitting proposed amendments to Bill 236, Draft 3. Hawaii County Council-34 Page 10 April 22, 2008 Bill 240: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Adds PUBLIC WORKS: Mamalahoa Bypass Mitigation Measures ($500,000); funds shall be provided from Fair Share Contributions (Fund Balance -Designated). Funds would be used to construct traffic calming improvements on Ali`i Drive and Haleki`i Street to mitigate the anticipated increase in vehicle traffic caused by the opening of the northern portion of the Mamalahoa Bypass.} Bill 248 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-264, Schedule 12, by adding Ali`i Drive, Kaleiopapa Street intersection (Kona) as a "stop" location.} Bil 1249 Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition, as (Draft 2): Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24.264, Schedule 12, by adding Ali`i Drive, Lunapule Road intersection (Kona) and Ali`i Drive, Royal Poinciana Drive intersection (Kona) as "stop" locations.} Bill 250: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition) Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 and Section 24-255, Schedule 3, by reducing the speed limit from 30 mph to 25 mph from Honalo Junction for 4,100 feet south. } Bill 25 I Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-267, Schedule 15, by adding Haleki`i Street (new portion to be dedicated - 4,000 feet), restricted to one way southbound traffic from 3:30 p.m. to 6:30 p.m. Monday through Friday, except holidays.} Bill 255: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 15,000 Square Feet (RS-15) to Single Family Residential - 10,000 Square Feet (RS-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-4-010:031 (approx. 22,200 square feet). {Arnold H. Hara and Lillian K. Murakami, Applicants.} Bill 257 Initiates a Charter Amendment to Article XI of the Hawaii County Charter (2000), (Draft 3): Relating to Initiative and Referendum. {Repeals Article XI in its entirety and replaces it with new language relating to: adds a new section entitled, "Initiative and Referendum Process"; adds a new definitions section; amends Sections 11-3, 11-4, 1 I-7, and 11-8; and makes various other changes.} Hawaii County Council-34 Page 11 April 22, 2008 Bill 262 Initiates an Amendment to Article III, Legislative Branch, County Council, of the (Draft 2): Hawaii County Charter (2000), to Reorganize the Office of the County Clerk and County Council by Establishing an Independent Audit Function Within the Legislative Branch Through the Office of the Legislative Auditor. {Establishes an independent auditing function within the Legislative Branch.} Bill 263: Amends Article XIII, General Provisions, Section 13-11, Penalties, of the Hawaii County Charter (2000), Relating to the Clarification of Language Regarding Civil Fines and Increases the Maximum Monetary Penalty for Criminal Fines. {Increases the criminal penalty amount from $1,000 to an amount not to exceed $2,000, and amends the section to clarify the County's authority regarding the imposition of civil fines.} Bill 265: Planning Director Initiated: Amends Chapter 25, Article 2, Division 3, Section 25-2-35, Hawaii County Code, 1983 (2005 Edition) Relating to Administrative Enforcement. {Provides for assessment of fines for violations of the Zoning Code during the appeal process.} Bill 266 Planning Director Initiated: Amends Chapter 2, Article 7, Hawaii County Code (Draft 2): 1983 (2005 Edition, as Amended), Relating to the Planning Commission's Review of a Draft Community Development Plan or Amendments Thereof. {Provides a time frame for the Planning Commission to review and submit its recommendation to the Council on a draft community development plan or any amendment thereof } Bill 267: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: Queen Lili`uokalani Village LCC Replacement -County [$900,000] 1 300 000; fund increase shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($400,000). Additional funds would be used to install a portion of the Queen Lili`uokalani Village onsite sewer collection system along Palani Road.} Bill 268: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants - Hawaii County Police Department (HCPD) Data Grant ($75,000); appropriates same to HCPD Data Grant.} Bill 277: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of hlawai`i for the Fiscal Year Ending June 30, 2008. {Increases revenues in Transfer from General Fund ($50,000); appropriates same to North Hilo/Hamakua -Other Current Expense (Materials for Loke Street and Kahawai Road in Hamakua). Funds would be used to repair and maintain two roads-in-limbo (Loke Street and Kahawai Road) in the Hamakua District. Appropriates funds that will be transferred by Resolution 575-08 (previously listed on this agenda) from the District 1 Contingency Relief funds.} Hawaii County Council-34 Page 12 April 22, 2008 Bil 1278: 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 DEPARTMENT OF PUBLIC WORKS: Kino`ole/Kamana Intersection Improvements ($350,000); funds shall be provided from General Obligation Bonds, Capital Project Fund-Fund Balance, and/or Other Sources. Appropriates funds that will be transferred by Resolution 592-08 (previously listed on this agenda) from the District 2 Contingency Relief funds.} 2:00 P.M.: STATEMENTS FROM THE PUBLIC ON REPORTS AND OTHER BUSINESS REPORTS FC-267 Recommends approval of the nomination of Mr. Henry "Hank" Silva (Council (Comm. 1081): District 7) to the Merit Appeals Board. FC-268 Recommends approval of the nomination of Mr. Gary Yoshiyama (Council (Comm. I 1 12): District 2) to the Merit Appeals Board. REFERRALS FOR EXECUTIVE SESSION 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. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 942.141: MAYOR'S VETO MESSAGE REGARDING BILL 224, RELATING TO PROHIBITION OF SMOKING IN CERTAIN PLACES From Mayor Harry Kim, dated April 7, 2008, returning Bill 224, stating his reason for disapproval, as listed in this communication. ;and Bill 224: Amends Chapter 14, Article 4, Section 14-21 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Prohibition of Smoking in Certain Places. {Bans smoking of cigarettes or tobacco products, or use of any tobacco products at all County parks and recreational facilities.} 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 aaarove it again (2/3 majority vote) (see Article III, Section 3-12, Hawaii County Charter). For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. Hawaii County Council-34 Page 13 April 22, 2008 3:00 P.M.: STATEMENTS FROM THE PUBLIC REGARDING RESOLUTION 565-08, BILL 269, AND BILL 280 (RELATING TO MARIJUANA ERADICATION) Res. 565-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for a Marijuana Eradication Grant. {Funds would be used to purchase equipment to enhance safety issues during operations/investigations, to compensate for overtime incurred during marijuana related operations and investigations, to pay for helicopters service costs, and to cover travel expenses for attending training workshops and seminars.}; and FC-272. Bill 269: 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 -Marijuana Eradication ($282,000); appropriates same to Marijuana Eradication.}; and FC-273. Bill 280: 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 -Statewide Marijuana Eradication 159,000); appropriates same to Statewide Marijuana. Funds would be used to suppress the cultivation of marijuana and to minimize product availability in the State of Hawai`i.} ;and Comm. 1153. I : From Finance Committee Chair Dominic Yagong, dated April I5, 2008, requesting this matter be waived. ANNOUNCEMENTS AllJOURNMENT 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 Apri[ 21, 2008. 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 ht~_:;/co.hawaii.hi as/council/agendas 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. Hawaii County Council-34 Page 14 April 22, 2008 V ideoconferencina is available at the following locations: • Hilo Council Room at the Ben Franklin Building, Second Floor; and • Waimea Council Office at the Holomua Center. If for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • V ideoconferencing from the Pahoa Neighborhood Facility will not be available. In the event of an unanticipated emergency situation, including but not limited to: severe adverse weather conditions, road closures, or natural disasters, the Hawaii County Council and its Committees may conduct its meetings via videoconference pursuant to Hawaii Revised Statutes § 92-3.5. If that occurs, individual Council Members may be at either the meeting site or one of the videoconference sites. If the audio stream is lost for more than a short period of time, the meeting will be terminated. Submitting'festimony: 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 councddtestimony@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 iewing of Meetings on Government Access Television -Channel 52: Wednesday, April 30, 2008, at 6 p.m.; Sunday, May 4, 2008, at 10:30 a.m.; and Wednesday, May 7, 2008, at 6 p.m, UPCOMING MEETINGS FRIDAY APRIL 25 2008 COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM-HILO HEARING RE REAL 333 Kilauea Avenue PROPERTY TAX RATES Ben Franklin Building Second Floor TUESDAY, MAY 6, 2008 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY. MAY 7, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA MONDAY, MAY 19, 2008 COMMITTEES TBA COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor PETE HOFFMANN "O`N!!t~ BRENDA FORD " STACY K. RIGA Chair&Presid+ng Officer 'uG DONALDIKEDA K. ANGEL PILAGO BOB JACOBSON Vice Chair •`;r' EMILY I. NAEOLE DOMIN[C YAGONG JYOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawai `i 96720 34'~ Session ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Annotated Version (This is an unofficial annotated version of the agenda for use by Council Members and departmental officials.) Tuesday, April 22, 2008 8:00 a.m. INVOCATION Reverend Tullos Jones of Kona Baptist Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 12, 2008 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Interests ojthe People of Our Island Hawaii County is an Equal Opportunlry Provider and Employer. Hawaii County Council-34 Page 2 April 22, 2008 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS (EXCEPT FOR RESOLUTION 565-08 WHICH WILL BE TAKEN AT 3:00 P.M.) COMMUNICATIONS Comm. 589.15: UPDATE OF THE ACTIVITIES OF THE LEGISLATIVE LIAISON From Council Chair Pete Hoffmann, dated April 11, 2008, requesting this matter be agendized in order for the Ad Hoc Task Force to apprise the Council on the activities of the legislative liaison. Comm. 1147: PROPOSED HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) 2008-2009 ANNUAL OPERATING BUDGET From Council Member Bob Jacobson, dated April 8, 2008, requesting Council's action on the proposed annual operating budget for Fiscal Year 2008-2009. ORDER OF RESOLUTIONS Res. 573-08: Requests the Hawaii County Department of Public Works Traffic Division and the Hawaii State Department of Transportation Highways Division to Cooperatively Study and Recommend Interim Traffic Pattern Options for State Highway 130 and Adjacent County Roads in the Area of the Kea`au Bypass. Re: Comm. 1107 Intr. by: Mr. Yoshimoto Approve: PWIRC-66 Res. 578-08: Recommends that All Newly-Constructed County Facilities Comply with the Energy-Efficient Building Practices Specified in the International Energy Conservation Code. {Calls upon the Mayor to assign qualified administrative personnel to serve as "green" building experts to oversee implementation of the International Code Council's International Energy Conservation Code at County facilities, in order to meet the County's energy goals.} Re: Comm. 1114 Intr. by: Mr. Hoffmann Approve: FESC-3 Hawaii County Council-34 Page 3 April 22, 2008 Res. 582-08: Creates a Program Manager Position for the Office of the Prosecuting Attorney. {The County Council adopted Resolution 303-07 requesting the Mayor to create a Community Violence Coordinator position. This position would ensure that all agencies (government and non-government) that respond to domestic violence create a strategic response to the problem.} Re: Comm. 1119 Intr. by: Mr. Yagong Approve: FC-270 Res. 583-08: Authorizes the Director of Finance to Negotiate a Lease of Real Property, Being a Portion of 34 Rainbow Drive (Old Hilo Hospital Complex), Situate at Pi`ihonua, District of South Hilo, County and State of Hawaii, and Identified as Being a Portion of Tax Map Key:(3)2-3-026:008, to Hawaii Island Adult Care, Inc. {Authorizes the negotiation of a three-year lease as the prior lease and its renewals, between the County of Hawaii and Hawaii Island Adult Care, Inc., have expired.} Re: Comm. 1120 Intr. by: Mr. Yagong Approve: FC-271 Res. 594-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $12,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney Kona Prosecuting Attorney -Other Current Expense (Grassroots Community Development Group). Contingency Relief funds from District 6 would be used to support the Grassroots Community Development Group and the Kupukupu Afrer School Anti-Drug Program. } Re: Comm. 1135 Intr. by: Mr. Jacobson Waived: FC Res. 595-08: 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 Liquor Control Public Programs (Project Grad Night 2008). Contingency Relief funds from District 3 would be used towards Kea`au High School's Project Grad Night, scheduled for May 30, 2008.} Re: Comm. 1136 Intr. by: Mr. Yoshimoto Waived: FC Hawaii County Council-34 Page 4 April 22, 2008 Res. 597-08: 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 Research and Development Agriculture Research and Development Other Current Expense (A Taste of Puna). Contingency Relief funds from District 5 would be used to fund "A Taste of Puna". } Re: Comm. 1138 Intr. by: Ms. Naeole Waived: FC Res. 598-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $33,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Planning Department, Planning Other Current Expense Miscellaneous Contract Services (North and South Kona Community Development Plan). Contingency Relief funds from District 8 would be used towards costs associated with retaining a special tax consultant to prepare a financing plan for the North and South Kona Community Development Plan.} Re: Comm. 1140 Intr. by: Mr. Pilago Waived: FC Res. 599-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $4,200 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion Miscellaneous Contract Services (Kapoho Tidepools Visitor Access Manager). Contingency Relief funds from District 5 would be used to fund a Kapoho Tidepools "Visitor Access Manager".} Re: Comm. 1143 Intr. by: Ms. Naeole Waived: FC Res. 600-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s) for the 2008 County Office Support Staff Conference. {Transfers/appropriates $1,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Human Resources Training Expenses (2008 County Office Support Staff). Contingency Relief funds from District 5 would be used towards the 2008 County Office Support Staff Conference.} Re: Comm. 1144 Intr. by: Ms. Naeole Waived: FC Hawaii County Council-34 Page 5 April 22, 2008 Res. 601-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $24,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion Miscellaneous Contract Services (Lyman Museum Island Heritage Gallery Exhibit). Contingency Relief funds from District 2 would be used to help defray costs for the planning and development of the Lyman Museum Island Heritage Gallery. } Re: Comm. 1145 Intr. by: Mr. Ikeda Waived: FC Res. 602-08: 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 Department of Liquor Control Public Programs, Miscellaneous Contract Services. Contingency Relief funds from District 4 would be used to help defray expenses associated with the Hilo High School Project Grad.} Re: Comm. 1148 Intr. by: Mr. Higa Waived: FC Res. 603-08: 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 Department of Liquor Control Public Programs, Miscellaneous Contract Services. Contingency Relief funds from District 4 would be used to help defray expenses associated with the Waiakea High School Project Grad. } Re: Comm. 1149 Intr. by: Mr. Higa Waived: FC Res. 604-08: 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 Office of the Management Coqui Frog Eradication Efforts (Study Integrated Pest Management Control Methods for the Coqui Frog). Contingency Relief funds from District 4 would be used towards the study of methods to eradicate Coqui frogs.} Re: Comm. 1150 Intr. by: Mr. Higa Waived: FC Hawaii County Council-34 Page 6 April 22, 2008 Res. 608-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $22,362 out and from Clerk-Council Services-Contingency Relief account; credits to the following: South Hilo Police -Salaries and Wages ($11,181), Waimea Police -Salaries and Wages ($5,590.50), Puna Police -Salaries and Wages ($5,590.50), for a total of $22,362.} {Funding for four Police Officer II positions was removed from the Police Department's budget and placed into the Contingency Relief account. Requests that these funds be placed back into their account so it can be utilized for the 72"d Police Recruit class.} Re: Comm. 1157 Intr. by: Mr. Yagong Waived: FC Res. 609-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Liquor Control Public Programs. Contingency Relief funds from District 2 would be used towards expenses incurred by the 2008 St. Joseph High School Grad Night Celebration.} Re: Comm. 1158 Intr. by: Mr. Ikeda Waived: FC Res. 610-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Liquor Control Public Programs. Contingency Relief funds from District 2 would be used towards expenses incurred by the 2008 Waiakea High School Grad Night.} Re: Comm. 1159 Intr. by: Mr. Ikeda Waived: FC Res. 61I-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Liquor Control Public Programs. Contingency Relief funds from District 2 would be used towards expenses incurred by the 2008 Hilo High School Grad Night.} Re: Comm. 1160 Intr. by: Mr. Ikeda Waived: FC Hawaii County Council-34 Page 7 April 22, 2008 Res. 612-08: 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 Liquor Control Public Programs. Contingency Relief funds from District 3 would be used towazds Waiakea High School's Grad Night, scheduled for May 31, 2008.} Re: Comm. 1161 Intr. by: Mr. Yoshimoto Waived: FC Res. 613-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $]4,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of Housing and Community Development Transfer to Housing Fund (Office for Social Ministry (OSM)-Hawaii Island Mobile Care Health Project). Contingency Relief funds from District 8 would be used for the OSM's Mobile Care Health Project dental care services.} Re: Comm. 1162 Intr. by: Mr. Pilago Waived: FC Res. 614-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific (Prime Time Football Clinic). Contingency Relief funds from District 1 would be used to offset the cost of holding a Prime Time National Football League Clinic which would be held in Honoka`a to provide fundamental training with the Oakland Raiders.} Re: Comm. 1163 Intr. by: Mr. Yagong Waived: FC Hawai' i County Council-34 Page 8 April 22, 2008 Res. 617-08: Authorizes the Mayor of the County of Hawaii to Execute and Submit the 2008 Action Plan and All Other Related Documents to the United States Department of Housing and Urban Development (HUD) for the 2008 Community Development Block Grant (CDBG) and to the State's Hawaii Housing Finance and Development Corporation for the HOME Investment Partnerships (HOME) and American Dream Downpayment Initiative (ADDI) Programs. {Resolves that the Mayor or authorized representative execute and submit the 2008 Action Plan and all other related documents and agreements necessary to process the CDBG, HOME, and ADDI programs to HUD and the State's Hawaii Housing Finance and Development Corporation.} Re: Comm. 1169 Intr. by: Mr. Hoffmann Approve: CHA -April 8, 2008 Res. 618-08: 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 Office of Housing and Community Development Transfer to Housing Fund (Office of Social Ministry-Mobile Care Health Project- District 6). Contingency Relief funds from District 6 would be used to support the Office for Social Ministry-Mobile Care Health Project.} Re: Comm. 1172 Intr. by: Mr. Jacobson Waived: FC Res. 619-08: 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 Human Resources Training Expenses (2008 Office Support Staff Conference). Contingency Relief funds from District 3 would be used towards the 2008 Office Support Staff Conference, scheduled for May 29, 2008.} Re: Comm. 1174 Intr. by: Mr. Yoshimoto Waived: FC Res. 620-08: Appoints the Hawaii County Council Representative and Alternate to Serve on the Hawaii State Association of Counties (HSAC) Executive Committee and the Representative to Serve on the Western Interstate Region (WIR) Board of Directors. {Appoints Council Member Bob Jacobson to the HSAC Executive Committee and WIR Board of Directors and Council Member Brenda Ford as the alternate to the HSAC Executive Committee.} Re: Comm. 1175 Intr. by: Mr. Hoffmann Waived: PWIRC Hawaii County Council-34 Page 9 April 22, 2008 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FHiST READING) AND ORDER OF THE DAY (SECOND OR FINAL READING) (EXCEPT FOR BILLS 269 AND 280 WHICH WILL BE TAKEN AT 3:00 P.M.) (NOTE: COUNCIL WILL TAKE AONE-HOUR LUNCH BREAK FROM NOON TO 1:00 P.M.) BILLS FOR ORDINANCES (FIRST READING) Bill 237: Planning Director Initiated: Repeals Ordinance No. 97-102 and Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 15,000 Square Feet (RS-15) to Residential and Agricultural - 5 Acre (RA-Sa) at Kahua 1 North Kohala, Hawaii, Covered by Tax Map Key:5-9-001:008 (approx. 37.880 acres). Re: Comm. 998 Intr. by: Mr. Pilago Approve: PC-82 Bill 270: Initiates a Charter Amendment to Article III, Article VII, and Article XIII of the Hawaii County Charter (2000), Relating to the Establishment of an Office of Police Oversight and Complaints. {The proposed amendment removes a portion of the responsibility for oversight of the Police Department from the Police Commission and assigns it to the Office of Police Oversight and Complaints which is headed by a director that is appointed by the Council, and reassigns the ability to hire staff from the Police Commission to the Office of Police Oversight and Complaints and its director.} Re: Comm. 1089 Intr, by: Mr. Jacobson Negative: PWIRC-68 2/3 Vote: First of three required readings, Section 15-1(a),Hawai`i County Charter Bill 274: Amends Ordinance No. 95-55 Which Reclassified Lands from Agricultural - l0Acres (A-l0a) and Agricultural - 3 Acres (A-3a) to Agricultural - 1 Acre (A-la) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-48:93 and Portion of 13 (Request: Amendment to Change of Zone Ordinance No. 95-55) (Parcel 1:4.502 acres; and Parcel 2:37.247 acres). {Nani Mau, Inc., Applicant.} Re: Comm. 1113 Intr. by: Mr. Pilago Approve: PC-8l Hawaii County Council-34 Page 10 April 22, 2008 Bill 275: 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 Federal Grants -Violence Against Women ($26,902); appropriates same to Violence Against Women.} {Increases the appropriation of the Violence Against Women account to $101,902 (an additional $26,902 over the amount appropriated through the budget process).} Re: Comm. 1118 Intr. by: Mr. Yagong Approve: FC-269 Bill 276: Initiates a Charter Amendment to Article III, Legislative Branch, County Council, Section 3-17, of the Hawaii County Charter 2000 (2006 Edition), Relating to the County Reapportionment Commission, Amending Section 3-17 in its Entirety, Renaming it the Redistricting Commission, and Establishing Appropriate Redistricting Criteria. {The proposed amendment replaces the language of the present Section 3-17 in its entirety and renames the section, "County Redistricting and the Redistricting Commission".} Re: Comm. 1121 Intr. by: Ms. Ford Approve: PWIRC-67 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter ;and Comm. 1 121.1: From Council Member Brenda J. Ford, dated April 9, 2008, transmitting proposed amendments to Bill 276, as listed in this Communication. Bill 282: 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 Wireless Enhanced 911 Fees ($415,290.55); appropriates same to Wireless Enhanced 911.} {The additional appropriation is needed to execute the option year of the contract from May 1, 2008, to April 30, 2009, with Akimeka, LLC, to serve as the Police Department's Wireless 911 Project Manager (current contract will expire on April 3Q 2008).} Re: Comm. 1156 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-34 Page 11 April 22, 2008 Bill 286: 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 the following: Federal - 2008 HOME Program ($989,346) and HOME -Program Income ($25,000), for a total of $1,014,346; appropriates to the following: Kumakua Mutual Self-Help, Phase 2, Hawaii Island Community Development Corporation ($200,000), Tenant Based Rental Assistance ($700,000), American Dream Downpayment Initiative ($29,346), and Office of Housing and Community Development Administration ($85,000), for a total of $1,014,346.} Re: Comm. 1170 Intr. by: Mr. Hoffmann Approve: CHA -April 8, 2008 Bill 287: 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 the following: Federal - 2008 Block Grant ($2,386,152) and Block Grant- Program Income ($60,000), for a total of $2,446,152; appropriates to the following: Removal of Architectural Barriers -Americans with Disabilities Act Compliance - Various County Facilities ($1,041,152), Residential Emergency Repair Program ($400,000), West Hawaii Domestic Abuse Shelter-Child and Family Services Real Property, Inc. -Emergency Services ($185,000), Hospice of Hilo [n-Patient Facility -Site Improvements ($500,000), and Administration, Planning and Fair Housing ($320,000), for a total of $2,446,152.} Re: Comm.ll71 Intr. by: Mr. Hoffmann Approve: CHA -April 8, 2008 Bill 288: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Adds PUBLIC WORKS: West Hawaii Civic Center ($25,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources. Funds would be used towards the West Haevai`i Civic Center Project consolidating County agencies providing a centralized facility where the public can access County services, improving operating efficiencies and intergovernmental business.} Re: Comm. 1173 Intr. by: Mr. Yagong Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-34 Page 12 April 22, 2008 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 209 Amends Chapter 2, Article l5, of the Hawaii County Code 1983 (2005 Edition, as (Draft 4): Amended), Relating to the Imposition of Administrative Fines for Violations of the County Code of Ethics. {Adds a provision giving the Board of Ethics authority to impose administrative fines up to $1,000 for violations of the County Ethics Code.} Re: Comm. 870.12 Intr. by: Mr. Yagong Postponed: January 24, 2008 ls` Reading: February 6, 2008 Held Over Pursuant to Council Rule 25(e): February 21, 2008 Postponed: March 12 and 25, 2008 Held Over Pursuant to Council Rule 25(e): April 9, 2008 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Ford to approve Bill 209, Draft 3, as amended (Draft 4). Bill 235 Planning Director Initiated: Amends Ordinance No. 96-7 by Amending the Portion (Draft 3 of Condition M.4 Relating to the Construction of a Barricade or Breakaway Gate to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Prior to the Opening of the Entire Mamalahoa Bypass. Ordinance No. 96-7 Reclassified Lands from Unplanned (U) to Agricultural 1-Acre (A-la) at Honuaino 3`d and 4°i, Hokukano ls' and 2"d, Haleki`i, Keekee ls` and 2"d, Ilikahi, Kanakau ]s` and 2"d, Kalukalu ls` 2"" and 3`d, and Onouli ls`, North and South Kona, Hawaii, Covered by Tax Map Key:7-9-12:4 & 1 l; 8-1-4:3, 7, 65 & 68; 8-1-27:16, 2Q 21, 27-43; 8-1-28:9, 10, 79-28, 30, 44-47; 8-1-30:1-3, 5-9, 12-53; 8-1-32:1-54; 8-I-33:1-20; 8-1-34:1-25 (formerly 7-9-12: Portion of 3, 4 & I 1 and 8-1-4: Portion of 3), and Included a Condition M.4 Stating that a Barricade or Breakaway Gate Meeting with the Requirements of the Department of Public Works, Shall be Installed by the Applicant as Part of the Required Haleki`i Street Improvements, the Purpose of this Condition Being to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Between the Existing Mamalahoa Highway and a Portion of the Mamalahoa Highway Bypass Until the Entire Proposed Mamalahoa Highway Bypass Between the Approximate Vicinity of Keauhou and Captain Cook has been Completed and Opened for General Public Use. Re: Comm. 997.17 Intr. by: Ms. Ford ls` Reading: April 9, 2008 ;and Comm. 997.19: From Council Member Brenda J. Ford, dated April 10, 2008, transmitting proposed amendments to Bill 235, Drafr 3. Hawaii County Council-34 Page 13 April 22, 2008 Bill 236 Planning Director Initiated: Amends Ordinance No. 96-8 by Amending the Portion (Draft 3): of Condition L.4 Relating to the Construction of a Barricade or Breakaway Gate to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Prior to the Opening of the Entire Mamalahoa Bypass. Ordinance No. 96-8 Reclassified Lands from Agricultural 5-Acre (A-Sa) and Unplanned (U) to Agricultural 1-Acre (A-la) at Honuaino 3rd and 4th, Hokukano ls` and 2"d, Kanaueue ls' and 2nd, Haleki`i, Keekee ls' and 2"d, llikahi, Kanakau ]s` and 2"d, Kalukalu ls' 2"d and 3`d, and Onouli ]s', North and South Kona, Hawaii, Covered by Tax Map Key:7-9-12:4, 6, 9, 29; 8-1- 4: 3, 56, 59-62, 64, 70; 8-1-26:1-3, 5-9, 11-57; 8-1-27:1-L5, 17-26, 33-38, 43; 8-1- 28:1-3, 7-18, 28-38, 40-43; 8-1-29:1, 2, 4, 6-46, 53-59, 62, 63; 8-1-30:]-9, 49, 51 (formerly 7-9-6: Portion of 1, 7-9-12: Portions of 3 and 4 and 8-1-4: Portion of 3), and Included a Condition L.4 Stating that a Barricade or Breakaway Gate Meeting with the Requirements of the Department of Public Works, Shall be Installed by the Applicant as Part of the Required Haleki`i Street Improvements, the Purpose of this Condition Being to Prevent the Use of Haleki`i Street as a Vehicular Thoroughfare Between the Existing Mamalahoa Highway and a Portion of the Mamalahoa Highway Bypass Until the Entire Proposed Mamalahoa Highway Bypass Between the Approximate Vicinity of Keauhou and Captain Cook has been Completed and Opened for General Public Use. Re: Comm. 997.18 Intr. by: Ms. Ford ls' Reading: April 9, 2008 ;and Comm. 997.20: From Council Member Brenda J. Ford, dated April 1Q 2008, transmitting proposed amendments to Bill 236, Draft 3. Bill 240: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Adds PUBLIC WORKS: Mamalahoa Bypass Mitigation Measures ($500,000); funds shall be provided from Fair Share Contributions (Fund Balance -Designated). Funds would be used to construct traffic calming improvements on Ali`i Drive and Haleki`i Street to mitigate the anticipated increase in vehicle traffic caused by the opening of the northern portion of the Mamalahoa Bypass.} Re: Comm. 1007 Intr. by: Mr. Yagong ls' Reading: April 9, 2008 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 248 Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-264, Schedule 12, by adding Ali`i Drive, Kaleiopapa Street intersection (Kona) as a "stop" location.} Re: Comm. 1018.10 Intr. by: Ms. Ford Is' Reading: April 9, 2008 Hawaii County Council-34 Page 14 April 22, 2008 Bi II 249 Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition, as (Draft 2): Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24.264, Schedule 12, by adding Ali`i Drive, Lunapule Road intersection (Kona) and Ali`i Drive, Royal Poinciana Drive intersection (Kona) as "stop" locations.} Re: Comm. 1019.4 Intr. by: Ms. Ford ls' Reading: April 9, 2008 Bill 250: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition) Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 and Section 24-255, Schedule 3, by reducing the speed limit from 30 mph to 25 mph from Honalo Junction for 4,100 feet south. } Re: Comm. 1020 Intr. by: Ms. Ford (B/R) ls' Reading: Apri19, 2008 Bill 25 I Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24-267, Schedule ] 5, by adding Haleki`i Street (new portion to be dedicated - 4,000 feet), restricted to one way southbound traffic from 3:30 p.m. to 6:30 p.m. Monday through Friday, except holidays.} Re: Comm. 102 L6 Intr. by: Mr. Pilago ls' Reading: April 9, 2008 Bill 255: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 15,000 Square Feet (RS-15) to Single Family Residential - 10,000 Square Feet (RS-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-4-010:031 (approx. 22,200 square feet). {Arnold H. Hara and Lillian K. Murakami, Applicants.} Re: Comm. 1042 Intr. by: Mr. Pilago ls' Reading: Apri19, 2008 Hawaii County Council-34 Page 15 April 22, 2008 Bill 257 Initiates a Charter Amendment to Article XI of the Hawaii County Charter (2000), (Draft 3): Relating to Initiative and Referendum. {Repeals Article XI in its entirety and replaces it with new language relating to: adds a new section entitled, "Initiative and Referendum Process"; adds a new definitions section; amends Sections 11-3, 11-4, 11-7, and 11-8; and makes various other changes.} Re: Comm. 1056.13 Intr. by: Ms. Ford 1s' Reading: March 25, 2008 2"a Reading: April 9, 2008 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai`i County Charter Bill 262 Initiates an Amendment to Article III, Legislative Branch, County Council, of the (Draft 2): Hawaii County Charter (2000), to Reorganize the Office of the County Clerk and County Council by Establishing an Independent Audit Function Within the Legislative Branch Through the Office of the Legislative Auditor. {Establishes an independent auditing function within the Legislative Branch.} Re: Comm. 1067.7 Intr. by: Ms. Ford ls' Reading: March 25, 2008 2"a Reading: April 9, 2008 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai`i County Charter Bill 263: Amends Article XIII, General Provisions, Section 13-1 1, Penalties, of the Hawaii County Charter (2000), Relating to the Clarification of Language Regarding Civil Fines and Increases the Maximum Monetary Penalty for Criminal Fines. {Increases the criminal penalty amount from $1,000 to an amount not to exceed $2,000, and amends the section to clarify the County's authority regarding the imposition of civil fines.} Re: Comm. 1068 Intr. by: Ms. Ford ls` Reading: March 25, 2008 2"a Reading: April 9, 2008 2/3 Vote: Third of three required readings, Section 15-1(a),Hawai`i County Charter Bill 265: Planning Director Initiated: Amends Chapter 25, Article 2, Division 3, Section 25-2-35, Hawaii County Code, 1983 (2005 Edition) Relating to Administrative Enforcement. {Provides for assessment of fines for violations of the Zoning Code during the appeal process.} Re: Comm. 1077 Intr. by: Mr. Pilago 1~` Reading: April 9, 2008 Hawaii County Council-34 Page 16 April 22, 2008 Bill 266 Planning Director Initiated: Amends Chapter 2, Article 7, Hawaii County Code (Draft 2): 1983 (2005 Edition, as Amended), Relating to the Planning Commission's Review of a Draft Community Development Plan or Amendments Thereof. {Provides a time frame for the Planning Commission to review and submit its recommendation to the Council on a draft community development plan or any amendment thereof } Re: Comm. 1078.2 Intr. by: Mr. Pilago 1" Reading: April 9, 2008 Bill 267: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Increases ENVIRONMENTAL MANAGEMENT: Queen Lili`uokalani Village LCC Replacement -County [$900,000] 1 300 000; fund increase shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($400,000). Additional funds would be used to install a portion of the Queen Lili`uokalani Village onsite sewer collection system along Palani Road.} Re: Comm. 1086 Intr. by: Mr. Yagong 1s' Reading: April 9, 2008 2/3 Vote: Section ] 0-6(d), Hawai`i County Charter Bill 268: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants - Hawaii County Police Department (HCPD) Data Grant ($75,000); appropriates same to HCPD Data Grant.} Re: Comm. 1087 Intr. by: Mr. Yagong ls` Reading: April 9, 2008 Bill 277: 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 ($50,000); appropriates same to North Hilo/Hamakua -Other Current Expense (Materials for Loke Street and Kahawai Road in Hamakua). Funds would be used to repair and maintain two roads-in-limbo (Loke Street and Kahawai Road) in the Hamakua District. Appropriates funds that will be transferred by Resolution 575-08 (previously listed on this agenda) from the District 1 Contingency Relief funds.} Re: Comm. 1122 Intr. by: Mr. Yagong ls' Reading: April 9, 2008 Hawaii County Council34 Page 17 April 22, 2008 Bill 278: 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 DEPARTMENT OF PUBLIC WORKS: Kino`ole/Kamana Intersection Improvements ($350,000); funds shall be provided from General Obligation Bonds, Capital Project Fund-Fund Balance, and/or Other Sources. Appropriates funds that will be transferred by Resolution 592-OS (previously listed on this agenda) from the District 2 Contingency Relief funds.} Re: Comm. 1131 Intr. by: Mr. Ikeda 1 Reading: April 9, 2008 2/3 Vote: Section 10-6(d), Hawai`i County Charter 2:00 P.M.: STATEMENTS FROM THE PUBLIC ON REPORTS AND OTHER BUSINESS REPORTS FC-267 Recommends approval of the nomination of Mr. Henry "Hank" Silva (Council (Comm. 1081): District 7) to the Merit Appeals Board. FC-268 Recommends approval of the nomination of Mr. Gary Yoshiyama (Council (Comm. 1 112): District 2) to the Merit Appeals Board. REFERRALS FOR EXECUTIVE SESSION 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. OTHEK BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items. ) Comm. 942.141: MAYOR'S VETO MESSAGE REGARDING BILL 224, RELATING TO PROHIBITION OF SMOKING IN CERTAIN PLACES From Mayor Harry Kim, dated April 7, 2008, returning Bill 224, stating his reason for disapproval, as listed in this communication. ;and (Bill 224 continues on the next page.) Hawaii County Council-34 Page ]8 April 22, 2008 Bill 224: Amends Chapter 14, Article 4, Section 14-21 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Prohibition of Smoking in Certain Places. {Bans smoking of cigarettes or tobacco products, or use of any tobacco products at all County parks and recreational facilities.} Re: Comm. 942 Intr. by: Mr. Yoshimoto ls` Reading: February 21, 2008 2"a Reading: March 12, 2008 Mayor's Veto: April 7, 2008 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 aaarove it again (2!3 majority vote) (see Article IH, Section 3-12, Hawaii County Charter). For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. 3:00 P.M.: STATEMENTS FROM THE PUBLIC REGARDING RESOLUTION 565-08, BILL 269, AND BILL 280 (RELATING TO MARINANA ERADICATION) Res. 565-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for a Marijuana Eradication Grant. {Funds would be used to purchase equipment to enhance safety issues during operations/investigations, to compensate for overtime incurred during marijuana related operations and investigations, to pay for helicopters service costs, and to cover travel expenses for attending training workshops and seminars.} Re: Comm. 1088 Intr. by: Mr. Yagong Approve: FC-272 Bill 269: 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 -Marijuana Eradication ($282,000); appropriates same to Marijuana Eradication.} Re: Comm. 1088 Intr. by: Mr. Yagong Approve: FC-273 Hawaii County Council-34 Page 19 April 22, 2008 Bill 280: 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 -Statewide Marijuana Eradication ($159,000); appropriates same to Statewide Marijuana. Funds would be used to suppress the cultivation of marijuana and to minimize product availability in the State of Hawai`i.} Re: Comm. 1153 Intr. by: Mr. Yagong Waived: FC ;and Comm. 1 153.1: From Finance Committee Chair Dominic Yagong, dated April 15, 2008, requesting this matter be waived. ANNOUNCEMENTS 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 byApri121, 2008. Persons using TDDs may call 961-852]. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at httu;/!a~.hawaii.hi us/council/a eg ndas and actions.htm; the County Clerk's Office, 333 Kilauea Avenue, Hilo; the Oft ice 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: • Hilo Council Room at the Ben Franklin Building, Second Floor; and • Waimea Council Office at the Holomua Center. If for techn ical 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. In the event of an unanticipated emergency situation, including but not limited to: severe adverse weather conditions, road closures, or natural disasters, the Hawaii County Council and its Committees may conduct its meetings via videoconference pursuant to Hawaii Revised Statutes § 92-3.5. If that occurs, individual Council Members may be at either the meeting site or one of the videoconference sites. If the audio stream is lost for more than a shott period of time, the meeting will be terminated. 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 Hawaii County Council-34 Page 20 April 22, 2008 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 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 MeetinQS on Government Access Television -Channel 52: Wednesday, April 30, 2008, at 6 p.m.; Sunday, May 4, 2008, at 10:30 a.m.; and Wednesday, May 7, 2008, at 6 p.m. UPCOMING MEETINGS FRIDAY, APRIL 25, 2008 COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM - HILO HEARING RE REAL 333 Kiauea Avenue PROPERTY TAX RATES Ben Franklin Building Second Floor TUESDAY, MAY 6, 2008 COMMI'1~TEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY. MAY 7, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA MONDAY, MAY 19, 2008 COMMITTEES TBA COUNCIL ROOM-HILO 333 Kilauea Avenue Ben Franklin Building Second Floor