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HomeMy WebLinkAboutAGE COUNCIL 2008/06/03 2006-2008PETE HOFFMANN Chair & Presiding Officer K. ANGEL PILAGO Vice Chair Both C„~~;,,,-, BRENDA FORD STACY K. HIGA DONALD IKEDA BOB JACOBSON EMILY I. NAEOLE DOMTNIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 P"`'~'~ Y ORDER OF BUSINESS M' ~,~. , N .. a'' ... . , `yam' .. Hawaii County Council ~ ' ~ ~ „~ 3 3 3 Kilauea Avenue r . .,. (Ben Franklin Building) 4 ~ ~ ~~~~~ ' ~_ `~ Second Floor, Council Room =~ ~~ ~.,,.. . `~,~r, Hilo, Hawaii ~:,~ ~;Y: ~_~~ Tuesday, June 3, 2008 8:30 a.m. 1NVUCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Reverend Richard Ragle of Hilo Church of the Nazarene (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-38 Page 2 June 3, 2008 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 1232: THE TREATMENT OF OPINIONS WRITTEN FOR COUNCIL MEMBERS BY THE OFFICE OF THE CORPORATION COUNSEL From Council Member Bob Jacobson, dated April 30, 2008, suggesting a change in policy regarding the treatment of these opinions by the Council. ORDER OF RESOLUTIONS Res. 622-08: Requests the County of Hawaii Mass Transit Agency to Create a Partnership with the State of Hawaii Department of Transportation to Design and Construct Park and Ride Facilities at Designated Sites Along State Highway 130 and State Highway 137 Within Council District 5. {Designated sites include the communities of Kalapana, Pahoa, Kea`au, and the Maku`u Farmlot Subdivision near the Ainaloa Subdivision.}; and PWIRC-71. Res. 623-08: Expands Public Bus Service in the County of Hawaii. {Calls for the County to implement measures to expand island-wide public bus service and to draft a strategic plan designed to meet the goal established by the Hawaii County Energy Sustainability Plan and requests that the Mayor present this plan to the Council by May 1, 2009.}; and PWIRC-72. Res. 625-08: Accepts the Dedication of Roadway Lot 13-M, Identified as Tax Map Key:(3)4-3-011:060, Situate at Pa`auilo, District of Hamakua, County and State of Hawaii, from Trustee David S. De Luz, Sr. {Roadway dedication would be for public road and drainage purposes and contains an area of 0.445 acres.}; and PWIRC-73. Res. 628-08: Directs the Clerk of the County of Hawaii to Take Necessary Action to Place the Charter Amendment Proposed by Ordinance No. 08-01 on the 2008 General Election Ballot. {Ordinance No. 08-01 proposes an amendment to Article VI, Chapter 4, Hawaii County Charter (2000), establishing Windward and Leeward Planning Commissions.}; and PC-83. Hawaii County Council-38 Page 3 June 3, 2008 Res. 629-08: Declares the Intention of the County of Hawaii to Establish a Community Facilities District, Designated as Hawaii County Community Facilities District No. 2-2008 (Kamanu Street Extension), to Authorize Funding for Prescribed Special Improvements, to Authorize Levy of a Special Tax, and to Authorize Issuance of Bonds Secured by Proceeds of the Special Tax. {The Council, in response to a Petition from West Hawaii Business Park LLC, intends to provide for the issuance of one or more series of bonds pursuant to Article 6 of Chapter 32 in an aggregate principal amount not to exceed $13,500,000. Attaches the following information: Exhibit "A" relating to all or a portion of the costs of the special improvements; Exhibit "B" containing all or a portion of certain incidental expenses; and Exhibit "C" relating to special taxes to be calculated in accordance with the rate and method of apportionment.}; and FC-289. Res. 630-08: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for a Multi-Year Agreement for Furnishing and Implementing an Organics Diversion Program at the West Hawaii Compost and Biodiesel Facility for the Department of Environmental Management. {The Compost and Biodiesel program will divert organic materials from the County transfer stations and landfills and provide valuable products such as compost and mulch for local consumers and provide an alternative fuel in the form of biodiesel. The County would contract for private services of a contractor to operate the facility with a ten-year agreement, with one 12-month option to extend contracted services.}; and FC-291. Res. 631-08 Supports the Construction of a Memorial Monument to the Veterans of the Korean (Draft 2): War. {The Korean War Veterans Memorial Monument would be constructed either in Lili`uokalam Gardens, Kalakaua Park, or next to the Vietnam Veterans Memorial near the Wailoa Visitors Center.}; and PSPRC-16. Res. 640-08: Accepts the Dedication of Lots 8-13 (500 square feet), B (1,500 square feet), and C (1,075 square feet), Being Portions of Tax Map Keys: (3)2-2-034:067 and 104, Situate at Waiakea, District of South Hilo, County and State of Hawaii, from Trustees Allan K. Ikawa and Irma K. Ikawa. {Dedication of lots would be used for public road and drainage purposes.}; and PWIRC-77. Res. 641-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $19,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Hawaii Police Department Animal Control Humane Society, Miscellaneous Contract Services (Three Ring Ranch, Inc. - Pre-Veterinary Animal Behavior Studies ($9,000), Operational Expenses for Sanctuary ($10,000)). Contingency Relief funds from District 7 would be used to provide funds to the Three Ring Ranch, Inc.) Hawaii County Council-38 Page 4 June 3, 2008 Res. 642-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Hawaii Police Department Animal Control, Miscellaneous Contract Services (Hawai`i Island Humane Society). Contingency Relief funds from District 7 would be used to defray costs of operational expenses for island-wide spay and neuter clinics and their pilot disease screening project.} Res. 644-08: Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of the Kaiholena Ahupua`a Parcels in North Kohala, Pursuant to Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition, as Amended). {Cited as a key priority by the Public Access, Open Space, and Natural Resources Preservation Commission in its 2007 Annual Report and assigned a criteria score of 83% for acquisition purposes consisting of six distinct parcels totaling 263.4 acres.}; and FC-293. Res. 645-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $305,000 out and from Provision for Compensation Adjustment - General Fund account; credits to the following: Fire Protection Other Current Expense ($270,000) and Fire Equipment Maintenance Other Current Expense ($35,000), for a total of $305,000). Funds would be used by the Fire Department due to a budget shortfall relating to the direct and indirect impact of increased fuel costs.) Res. 646-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $8,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Hawaii Fire Department Ocean Safety Other Current Expense - Miscellaneous Contract Services (Coastal Hazard Assessment Study). Contingency Relief funds from District 8 would be used towards costs associated with conducting a Coastal Hazard Assessment Study of shoreline recreational areas in Hawaii County.) Res. 648-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Tourism Promotion (Hui Okinawa's 2008 Haari Boat Race). Contingency Relief funds from District 3 would be contracted to Hui Okinawa for the 2008 Haari Boat Race scheduled for August 16, 2008.) Hawaii County Council-38 Page 5 June 3, 2008 Res. 649-08: 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 Research and Development Tourism Promotion (Paniolo Preservation Society-The Great Waiomina Centennial Celebration). Contingency Relief funds from District 9 would be used towards "The Waiomina Centennial Celebration", which is hosted and organized by the Paniolo Preservation Society.) Res. 650-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $821 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Project Fund-General (To be allotted to Park Improvement Projects - District 1). Contingency Relief funds from District 1 would be used towards park improvement projects in the District of Hamakua. } Res. 651-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $52,350 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Project Fund-General (To be allotted to Discretionary Projects - Council District 3). Contingency Relief funds from District 3 would be used towards park improvement projects in Council District 3.} Res. 652-08: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Neighborhood Place of Puna-Ready to Learn Program). Contingency Relief funds from District 5 would be used towards the Neighborhood Place of Puna's Ready to Learn Program.) Res. 653-08: Authorizes the Department of Environmental Management to Continue an Amnesty Program Regarding Derelict Vehicle Recycling and Disposal from Private Property. {Requests that the program be continued through Fiscal Year 2008-2010. 10.); and PWIRC-79. Res. 654-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $21,000 out and from Clerk-Council Services Other Current Expense, Miscellaneous Contract Services; credits same to Clerk-Council Services Equipment, Clerk-Council Services Equipment, Miscellaneous Equipment (Video Conferencing Equipment). Funds would be used to purchase a new video conferencing system for the Kona Council Office.) Hawaii County Council-38 Page 6 June 3, 2008 Res. 655-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $100,000 out and from Office of the County Clerk, Clerk- Council Services Other Current Expense, Miscellaneous Contract Services; credits same to Mass Transit Agency, Mass Transit Agency Other Current Expense (Transportation Services). Funds would be used towards expenses related to continuous transportation needs island-wide.) Res. 656-08: 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 Parks and Recreation, Parks and Recreation Administration Other Current Expense, Miscellaneous Charges (Ka`u Ho`olaule`a - July 4th Event). Contingency Relief funds from District 6 would be used to support the Ka`u Ho`olaule`a, Ltd., and the Annual July 4th Celebration.) Res. 657-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $500 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney Weed and Seed - Coordinator/County (Neighborhood Place of Puna). Contingency Relief funds from District 6 would be used to support the Neighborhood Place of Puna and the Ready to Learn Project.) Res. 660-08: Authorizes the Acceptance of the Monetary Contribution from the Firemans Fund Insurance Company for the Hawaii Fire Department. {Funds would be used to purchase air purifying respirators for self-contained breathing apparatuses (SCBA) and used by firefighters in high sulfur dioxide conditions as with the current volcanic activity.) Res. 661-08: 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 Parks and Recreation, Recreation Division Other Current Expense, Education-Recreation-Scientific Supplies (Hale Halawai Park and Recreational Facility). Contingency Relief funds from District 8 would be used to purchase chairs for the Hale Halawai Park and Recreational Facility.) Hawaii County Council-38 Page 7 June 3, 2008 Res. 662-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,450 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expense (Kamehameha Day Celebrations Islandwide). Contingency Relief funds from District 4 would be used by the Department of Parks and Recreation's Culture and Arts Division to provide assistance to enhance various islandwide Kamehameha Day Celebrations.) Res. 663-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,045 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Flood Control Other Current Expense, Miscellaneous Contract Services (Council District 7 Flood Maintenance). Contingency Relief funds from District 7 would be used to maintain culverts and drywells in District 7.) Res. 664-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,120 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expense (Volcano Porta Pottle). Contingency Relief funds from District 6 would be used to pay for the temporary porta-pottie at the Volcano Skate Park.) Res. 665-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,230 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expense (Hilo Bay BBQ). Contingency Relief funds from District 6 would be used to support the Hilo Bay BBQ. } Res. 666-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $42,199 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Transfer to Capital Project Fund-General (To be allotted to Kino`ole/Kamana Improvements). Contingency Relief funds from District 2 would be used towards costs related to the planning, design and construction of the Kamana/Kino`ole Street intersections.) Hawaii County Council-38 Page 8 June 3, 2008 Res. 667-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $995,000 out and from Provision for Compensation Adjustment - General Fund account; credits same to the following: Office of Management Other Current Expense ($10,000), Advertising ($55,000), Puna Police - Salaries and Wages ($100,000), Police Administration Services - Salaries and Wages ($370,000), Fire Protection - Salaries and Wages ($50,000), Transfer to Highway Fund ($210,000), and Post Employment Benefits ($200,000) for a total of $995,000. Several departments are in need of additional funding due to unexpected shortfalls in some of their accounts or to the initial response to the Kalapana lava flow situation and in support of subsequent controlled viewing operations. Res. 668-08: Authorizes the Office of the Mayor to Enter Into a Memorandum of Understanding with the Hawaii Tourism Authority, Pursuant to HRS 46-7, for a Security Camera Program Grant. {Fund would be used by the Police Department to establish a security camera surveillance system in public areas (especially those areas frequented by visitors and determined as the best opportunities for success by government agencies, community groups, and businesses affected by the new camera system).} Res. 669-08: 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 Research and Development Hawaii County Resource Center (Honomu Computer Resource Center). Contingency Relief funds from District 1 would be used to defray costs for the Honomu Computer Resource Center in the District of Hamakua. } Res. 670-08: Requires the Administration to Redraw the Boundary Lines of the West Hawaii Golf Subsidy Program to Allow the Waimea Country Club to Participate in the Subsidy Program. { States that the Administration, upon approval of this resolution, re-bid the Request for Proposal which excluded the Waimea Country Club from participating in this program.) Res. 671-08: Amends Resolution 38-95 Authorizing the Exemption of the Pi`ihonua Camp Renovation/Conversion Project from Certain Zoning, Subdivision and Roadway Codes and Requirements, Pursuant to Sections 46-15.1 and 201H-38 of the Hawaii Revised Statutes. {States that Lots 1 through 5 of the Pi`ihonua Camp Conversion Project were zoned "Open" and unintentionally omitted from "Exhibit B" in the original resolution; therefore, amends Resolution 38-95 by inserting "Open" zoning on "Exhibit B".) Hawaii County Council-38 Page 9 June 3, 2008 Res. 672-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,567.67 out and from Clerk-Council Services- Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense (Kitchen Equipment for Hawaiian Beaches Park). Contingency Relief funds from District 5 would be used towards needed kitchen equipment for parks in the Hawaiian Beaches area.) Res. 673-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,100 out and from Clerk-Council Services-Contingency Relief account; credits same to Police Department, Police Administration Division- Other Current Expense, Education-Recreation-Scientific (Neighborhood Watch in District 5). Contingency Relief funds from District 5 would be used towards needed equipment for the Neighborhood Watch program in District 5.) Res. 674-08: 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 Parks and Recreation, Recreation Division-Equipment (Pahoa Neighborhood Facility tables). Contingency Relief funds from District 5 would be used towards new tables for the Pahoa Neighborhood Facility.) Res. 675-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $24,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Project Fund-General (Pahoa Skate Park Fence - $8,900) (Pahoa Playground Equipment - $15,600). Contingency Relief funds from District 5 would be used towards fence equipment for the skate park in Pahoa and playground equipment for the Pahoa area.) 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 283 Amends Chapter 24, Article 8, Division 1, Section 24-199 Hawaii County (Draft 2): Code 1983 (2005 Edition, as Amended), Relating to Abandoned Special Mobile Equipment, Vehicles, Trailers, and Equipment on Wheels. {Extends the scope of the section to include special mobile equipment, increases the fine for abandonment from $25 to $250, and adds new provisions relating to the administration of this section.}; and PWIRC-76. Hawaii County Council-38 Page 10 June 3, 2008 Bill 289: Amends Chapter 19, Article 1, Section 19-2 of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Real Property Taxes; and Establishes a New Article Relating to Tax Credits. {Establishes a solar water heater tax credit by adding new definitions to Section 19-2 and establishes a new article providing a one-time tax credit per tax map key of up to $300 for the installation of a solar water heater on a single-family dwelling, `ohana dwelling, farm dwelling, duplex, or double-family dwelling unit(s) as well as makes non-substantive formatting changes to Section 19-2, relating to definitions.}; and FC-287. Bill 290: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 9 Bicycles, Section 24-294 Bicycle Lanes, Schedule 42, by adding Kuakini Highway, both sides, between Palam Road and Hualalai Road as a designated "bicycle lane".}; and PWIRC-74. Bill 291: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 6, Section 24-288.1 Loading Zone, Schedule 36. 1, Subsection (c)(1), by adding Kamehameha Avenue, mauka side, beginning from a point 94 feet west of Mamo Street and extending 44 feet in the westerly direction as an "active loading and unloading zone".}; and PWIRC-75. Bill 292 Amends Ordinance No. 93-36 Which Reclassified Lands from Agricultural - (Draft 2): 20 Acres (A-20a), Agricultural - 10 Acres (A-10a), and Agricultural - 3 Acres (A-3a) to Residential and Agricultural - 1 Acre (RA-la) at Kukuau 1st, South Hilo, Hawaii, Covered by Tax Map Key: 2-4-8: Portions of 14 and 26; Request: Amendment to Change of Zone Ordinance No. 93-36. {Hilo Hillside Corporation, Applicant.}; and PC-86. ;and Comm. 1191.4: From Planning Director Christopher J. Yuen, dated May 20, 2008, transmitting proposed amendments to Bill 292; and Comm. 1191.6: From Council Member Donald Ikeda, dated May 20, 2008, transmitting proposed amendments to Bill 292, Draft 2 (proposed amendments incorporate Planning Director Chris Yuen's suggested wording as contained in his previous Communication 1191.4). Bill 293: Amends Ordinance No. 07-40 Which Reclassified Lands from Limited Industrial - 20,000 Square Feet (ML-20) to Industrial-Commercial Mixed Use - 20,000 Square Feet (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-35:47 (approx. 21,050 square feet); Request: Delete Condition G (County Sewerline Hookup). {Clark Realty Corporation, Applicant.}; and PC-84. ;and Comm. 1192.1: From Council Member Stacy K. Higa, dated May 9, 2008, transmitting a proposed amendment to Bill 293. Hawaii County Council-38 Page 11 June 3, 2008 Bill 294: 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 - Hawaii County Police Department (HCPD) Traffic Investigation Program ($2,920); appropriates same to HCPD Traffic Investigation Program. Additional funds would be used to cover the higher than anticipated cost of the Visual Statement Diagramming Program.}; and FC-290. Bill 297: Amends Chapter 16, Hawaii County Code 1983 (2005 Edition, as Amended), Establishing a Framework for the Community Development Plans and Establishing the Community Development Plan (CDP) Action Committee. {Establishes a framework to adopt and amend the CDP's and establishes the CDP Action Committee as the body that supersedes the CDP Steering Committee upon adoption of a CDP by the Council.); and PC-85. Bill 302: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 1, Section 24-253.1, Schedule 1. 1, Subsection (c) by amending the distance from 600 feet to 660 feet at Omao Street between Kaumana Drive and East Uluwai Street (proposed 15 mile per hour speed limit).}; and PWIRC-78. Bill 304: Amends Chapter 24, Articles 5 and 6, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Inspections of Vehicles and Equipment. {Amendments in this bill and subsequent Bill 305 reflect the movement of the driver licensing, periodic motor vehicle inspection and public transportation related responsibilities and staff from the Police Department to the Finance Department (due to the transfer of driver licensing and vehicle inspection functions from the Police to Finance Department).}; and FC-294. Bill 305: Amends Chapter 18, Articles 1, 2, and 3, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Common Carriers, Taxicabs and School Buses. {Amendments are due to the transfer of public transportation related functions from the Police to the Finance Department.}; and FC-295. Bill 306: 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 Recycling Programs-County Other Current Expense (Recycling Study). Resolution 624-08 approved by the Council on May 7, 2008, transferred contingency relief funds from District 6 to the Solid Waste Fund. These funds would be used to contract a recycling study supporting Resolution 356-07 which adopted the principles of zero waste, and to develop a plan to implement recycling and diversion programs to reach the goal of 85% diversion of solid waste from the waste stream in three years.) Hawaii County Council-38 Page 12 June 3, 2008 Bill 309: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($14,700); appropriates same to Fireman's Fund Grant.) Bill 310: 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 - Hawaii Tourism Authority (HTA) Security Camera Program ($500,000); appropriates same to HTA Security Camera Program.) Bill 311: 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 - Workforce Investment Act (WIA) 2007 ($3,238); appropriates same to WIA - Administration Planning 2007-08.) Bill 312: 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 - Workforce Investment Act (WIA) 2008 ($1,005,899); appropriates to the following: WIA - Administration Planning 2008-09 ($100,590), WIA - Adult Program 2008-09 ($338,950), WIA - Dislocated Worker Program 2008-09 ($226,756), and WIA - Youth Program 2008-09 ($339,603), for a total of $1,005,899.} 2:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, AND REFERRALS FOR EXECUTIVE SESSION ORDER OF THE DAY (SECOND OR FINAL READING) Bill 279: 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 - Evidence Specialist Pilot Program ($100,892); appropriates same to Evidence Specialist Pilot Program.) Bill 281: 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 State Grants - Emergency Medical Services (EMS) ($106,438); appropriates same to Basic Emergency Medical Technician Training Other Current Expense.) {Additional funds would be used to meet current year expenses by the Fire Department who is contracted by the State Department of Health to provide emergency medical services on the Island of Hawaii.) Hawaii County Council-38 Page 13 June 3, 2008 Bill 295: 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: Halawa Cemetery Road Repaving and Access Trails Improvement ($40,000); funds shall be provided from General Fund and/or Other Sources ($40,000). Resolution 568-08 approved by the Council on March 25, 2008, transferred contingency relief funds from District 9 to the General Fund's Transfer to the Capital Projects Fund Account. These funds would be used for a one-time paving of the Halawa Cemetery Road and improvement of the access trails.) Bill 296: 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 ($27,920); appropriates same to Golf Course - Salaries and Wages (S&W). After recalculating the salary requirements based on the new salary schedule, it has been determined that the current S&W budget for the golf course staff was understated by $27,920.) Bill 298: 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 ($79,000); appropriates to the following: Office for Social Ministry (OSM) - Mobile Care Health Project - District 1 ($15,000); OSM - Mobile Care Health Project - District 6 ($15,000); OSM - Mobile Care Health Project - District 7 ($20,000); OSM - Mobile Care Health Project - District 9 ($15,000); and OSM - Mobile Care Health Project - District 8 ($14,000), for a total of $79,000. Resolution Numbers 585-08, 586-08, 587-08, 613-08, and 618-08 were recently adopted by the Council, which transferred contingency relief funds from Council Districts 1, 6, 7, 8, and 9 to the General Fund's Transfer to the Housing Fund. These funds would be used by the OSM's Mobile Care Health Project.} Bill 299: 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: Kupulau Road Drywell Project ($50,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources (Contingency Relief) ($50,000). Appropriates funds that will be transferred by Resolution 636-08 (adopted on May 7, 2008) from the District 3 Contingency Relief funds.) Bill 300: 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: Momona Road Acquisition and Paving Project ($50,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources (Contingency Relief) ($50,000). Appropriates funds that will be transferred by Resolution 637-08 (previously listed on this agenda) from the District 3 Contingency Relief funds.) Hawaii County Council-38 Page 14 June 3, 2008 Bill 301: 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: Hokupa`a Street Drainage Project ($25,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources (Contingency Relief) ($25,000). Appropriates funds that will be transferred by Resolution 638-08 (adopted on May 7, 2008) from the District 3 Contingency Relief funds.) REPORTS FINANCIAL Monthly Budget Status Report from the Finance Department for the Month Ended REPORT April 30, 2008. REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following, 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. A 2/3 vote pursuant to HRS Section 92-4 and Rule 11 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 75.2: VANESSA HALDEMAN, ET AL. V. RUTH GOLDEN, ET AL. CV 05-00810 DAE/KSE From Deputy Corporation Counsel Joseph K. Kamelamela, dated May 20, 2008. Comm. 830.1: CLAIM AGAINST THE COUNTY/AFNI INSURANCE ON BEHALF OF MATSUYAMA FOOD MART From Deputy Corporation Counsel Brooks Bancroft, dated May 8, 2008. Comm. 1252: MARK de REUS, ET AL. VS. COUNTY OF HAWAII, ET AL. CIVIL NO. 06-1-0201K From Deputy Corporation Counsel Michael J. Udovic, dated May 20, 2008. Comm. 1253: CLAIM AGAINST THE COUNTY/CAROLINA CASUALTY RE: BIG ISLAND LIMOUSINE From Deputy Corporation Counsel Brooks Bancroft, dated May 19, 2008. Comm. 1254: CLAIM AGAINST THE COUNTY/LOUIS L. CORREIA From Deputy Corporation Counsel Brooks Bancroft, dated May 19, 2008. Comm. 1255: DEAN REINKING VS. COUNTY OF HAWAII, ET AL. CIVIL NO. CV08-00103 SPK/LEK From Deputy Corporation Counsel Michael J. Udovic, dated May 21, 2008. Comm. 1267: MELISSA M. CHANG V. COUNTY OF HAWAII, HAWAII COUNTY COUNCIL EEOC NO. 3713-2007-00006 From Corporation Counsel Lincoln S. T. Ashida, dated April 21, 2008, responding to Council Member Dominic Yagong's letter dated April 17, 2008 (enclosed for reference purposes) requesting an executive session in the above case. Hawaii County Council-38 Page 15 June 3, 2008 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) 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 by May 30, 2008. TTY users may use Relay Service (711)(961-8255) to contact our office. The agenda is available on the County Council-Clerk web page at http://co.hawaii.hi.us/council/agendas_and_actions.htm. Copies of the agenda and items listed on the agenda are available at 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. Videoconferencing is available at the following locations until 4:30 p.m., or later in the event public witness testimony has not been completed: • 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. 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 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 Aupum St., Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestimon va,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. Hawaii County Council-38 Page 16 June 3, 2008 Viewing of Meetings on Government Access Television - Channel 52: Wednesday, June 11, 2008, to follow the viewing of the June 2, 2008, Council meeting which is scheduled to start at 6 p.m.; Sunday, June 15, 2008, to follow the viewing of the June 2, 2008, Council meeting which is scheduled to start at 10:30 a.m.; and Wednesday, June 18, 2008, to follow the viewing of the June 2, 2008, Council meeting which is scheduled to start at 6 p.m. UPCOMING MEETINGS TUESDAY, JUNE 3, 2008 COUNCIL 8:30 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor TUESDAY, JUNE 17, 2008 COMMITTEES TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor WEDNESDAY, JUNE 18, 2008 COUNCIL TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor