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HomeMy WebLinkAboutAGE COUNCIL 2008/11/07 2006-2008PETE FIOPPMANN Chair & Prrsidirrg O~ttm K. ANGEL PILAGO Tice Chub 49°i Session COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 EhukaiStreet Kailua-Kona, Hawaii BRENDA FORD STACY K. HIGA DONALDIKEDA BOBJACOBSON EMILY I. NAEOLE DOMINIC YAGONG JYOSHIMOTO r~ _ c>:a a) O n1-~ CJ .y1 i_ i ~ --{ ' +~ . -v ~ - - : __ - ~y , - N L~ ' c.J w_ rv Friday, November 7, 2008 8:00 a.m. INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIr\NCE APPR(:)VAL OP MINUTES Senior Pastor James `' fes" Texeira of Solid Rock M inistries -Kona September 10 and 24, 2008 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Serving the Gaerests oJ'the People of Our Island //awui`/ Coun11' is nn Er/ual Opportunity Provider and Emplrryer. Hawaii County Council-49 Page 2 November 7, 2008 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 766-08: Urges the Hawaii State Legislature to Enact Legislation that Will Shift the Costs and Responsibilities for Waste Management from Local Governments to the Manufacturers of Products and that Will Create Incentives for Product Redesign. {Recommends adoption of an environmental policy approach called "Extended Producer Responsibility" in which producers assume financial and/or physical responsibility for the management of products at the end of their useful life. } Re: Comm. 1489 Intr. by: Ms. Naeole Approve: EMC-19 Res. 768-08: Urges the Department of Transportation to Create a Reversible or Counterflow Lane During Peak Commute Hours on Highway 130 at the Bottleneck Near Kea`au High School. {A reversible/counterflow lane is used to route traffic in one direction during the morning rush hour, the opposite direction in the afternoon or evening, and as a turning lane at most other times. } Re: Comm. 1494 Intr. by: Ms. Naeole Approve: PWIRC-99 Res. 775-08: Authorizes the Abandonment and Sale of that Certain Road Remnant Fronting Oshima Store, Situate at Kainaliu, North Kona, County and State of Hawaii, to CEOK LLC. {Contains an area of 714 square feet and identified as Tax Map Key.(3)7-9-007:038. CEOK LLC would like to acquire this remnant for expansion of the store towards the street, bringing the storefront even with the others along Mamalahoa Highway and Kainaliu. } Re: Comm. 150? Intr. by: Ms. Ford Approve: PWIRC-100 Hawaii County Council-49 Page 3 November 7, 2008 Res. 777-08: Abolishes aRight-of--Way Agent Position and Creates a Clerk III Position Within the Department of Finance. {The Clerk III position would provide clerical support for activities related to easements, encroachments, and acquisition and disposal of other County properties as well as the fiscal responsibilities related to lease agreements. } Re: Comm. 1505 Intr. by: Mr. Yagong Approve: FC-343 Res. 779-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the Organized Crime Drug Enforcement Task Force Program Grant. {Funds would be used for overtime and travel costs incurred by deputized officers during special investigations and prosecutions. } Re: Comm. 1510 Intr. by: Mr. Yagong Approve: FC-347 Res. 780-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Transportation, Pursuant to HRS 46-7, for an Aggressive Driving Project Grant for the Hawaii County Police Department. {Funds would be used in an effort to reduce the number of fatal crashes on Queen Ka`ahumanu Highway, Hawaii Belt Road Route 190, and Route 11 in the Kona, South Kohala, and Ka`u Districts and to increase aggressive driving citations in these areas. } Re: Comm. 1511 Intr. by: Mr. Yagong Approve: FC-349 Res. 781-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Transportation, Pursuant to HRS 46-7, for a Data Grant for the Hawaii County Police Department. {Funds would be used to establish a statewide traffic data system and to ensure compliance with national standards. } Re: Comm. 1512 Intr. by: Mr. Yagong Approve: FC-351 Res. 782-08: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Transportation, Pursuant to HRS 46-7, for a Traffic Investigation Grant. {Funds would be used to train officers in crash reconstruction Classes, to purchase a crash data retrieval module for the Traffic Enforcement Unit, and to send officers to the intoxilyzer supervisor training session. } Re: Comm. 1513 Intr. by: Mr. Yagong Approve: FC-353 Hawaii County Council-49 Page 4 November 7, 2008 Res. 785-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $20,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Boys and Girls Club of Big Island, Pa`auilo). Contingency Relief funds from District 1 would be used towards the Boys and Girls Club of the Big Island (Pa`auilo Program).} Re: Comm. 1518 Intr. by: Mr. Yagong Waived: FC Res. 786-08: 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 Civil Defense Agency, Civil Defense Agency Other Current Expense (American Red Cross). Contingency Relief funds from District 1 would be used to provide support to the American Red Cross Hawaii State Chapter to augment its Disaster Relief Program. } Re: Comm. 1523 Intr. by: Mr. Yagong Waived: FC Res. 787-08: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Basic Image Inc. - Honoli`i Paka St'' Annual Aloha `Aina Surfing Classic). Contingency Relief funds from District 1 would be used towards the Honoli`i Paka St'' Annual Aloha `Aina Surfing Classic to be held at the Honoli`i Beach Park.} Re: Comm. 1524 Intr. by: Mr. Yagong Waived: FC Res. 788-08: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Theater Arts Conservatory). Contingency Relief funds from District 5 would be used towards the Theater Arts Conservatory for the production of "Rent", a benefit for the Puna Community Medical Center. } Re: Comm. 1525 Intr. by: Ms. Naeole Waived: FC Hawaii County Council-49 Page 5 November 7, 2008 Res. 789-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Civil Defense Agency, Civil Defense Agency Other Current Expense (American Red Cross). Contingency Relief funds from District 5 would be used to provide support to the American Red Cross Hawaii State Chapter to augment its Disaster Relief Program. } Re: Comm. 1526 Intr. by: Ms. Naeole Waived: FC Res. 790-08: 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 Research and Development Tourism Promotion, Miscellaneous Contract Services (Big Island Resource Conservation and Development/Fourth Annual Hilo Inter-Tribal Powwow). Contingency Relief funds from District 8 would be used towards the Fourth Annual Hilo Inter-Tribal Powwow event on May 23-25, 2009.} Re: Comm. 1540 Intr. by: Mr. Pilago Waived: FC Res. 791-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $13,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Boys and Girls Club of the Big Island Pahoa). Contingency Relief funds from District 5 would be used towards the Boys and Girls Club of the Big Island's Pahoa unit. } Re: Comm. 1532 Intr. by: Ms. Naeole Waived: FC Res. 792-08: 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 Research and Development Tourism Promotion Miscellaneous Contract Services (Big Island Resource Conservation and Development Council/4t'' Annual Hilo Inter-Tribal Powwow). Contingency Relief funds from District 5 would be used towards the 4t'' Annual Hilo Inter-Tribal Powwow. } Re: Comm. 1533 Intr. by: Ms. Naeole Waived: FC Hawaii County Council-49 Page 6 November 7, 2008 Res. 793-08: 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 Department of Research and Development Hawaii County Resource Center, Miscellaneous Contract Services (Kohala Center/Kahalu`u Beach Park). Contingency Relief funds from District 7 would be used towards the Kohala Center/Kahalu`u Beach Park.} Re: Comm. 1534 Intr. by: Ms. Ford Waived: FC Res. 794-08: 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 Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (Kona Earth Day Festival). Contingency Relief funds from District 7 would be used towards the 2009 Kona Earth Day Festival. } Re: Comm. 1535 Intr. by: Ms. Ford Waived: FC Res. 796-08: 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, Prosecuting Attorney Other Current Expense Miscellaneous Contract Services (Ho`okako`o Corporation-Waimea Middle School). Contingency Relief funds from District 9 would be used towards Waimea Middle School's participation at the l Ot'' Annual Leadership training in Southern California. } Re: Comm. 1537 Intr. by: Mr. Hoffmann Waived: FC Res. 798-08: 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 Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (Kona Earth Day Festival). Contingency Relief funds from District 8 would be used towards costs and expenses associated with the Kona Earth Day Festival. } Re: Comm. 1541 Intr. by: Mr. Pilago Waived: FC Hawaii County Council-49 Page 7 November 7, 2008 Res. 799-08: 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 Civil Defense Agency, Civil Defense Agency Other Current Expense (American Red Cross). Contingency Relief funds from District 8 would be used to provide support to the American Red Cross Hawaii Chapter Operational Fund to augment its Disaster Relief Program. } Re: Comm. 1542 Intr. by: Mr. Pilago Waived: FC Res. 800-08: 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 Hawaii Fire Department Training and Volunteer Fire Other Current Expense Public Safety Supplies (Uniform Shirts for Volunteer Fire Fighters). Contingency Relief funds from District 2 would be used to purchase uniform shirts for the volunteer fire fighters. } Re: Comm. 1545 Intr. by: Mr. Ikeda Waived: FC Res. 801-08: 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 Planning Department, Planning Other Current Expense, Miscellaneous Contract Services (Envision Downtown Hilo (EDH) 2025). Contingency Relief funds from District 2 would be used to support EDH 2025 in their continued efforts to implement the EDH 2025 Community-Based Vision and Living Action Plan. } Re: Comm. 1546 Intr. by: Mr. Ikeda Waived: FC Res. 802-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $8,500 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Research and Development Agriculture Research and Development Other Current Expense (Ka`u Coffee Festival). Contingency Relief funds from District 6 would be used to support the Ka`u Coffee Festival. } Re: Comm. 1547 Intr. by: Mr. Jacobson Waived: FC Hawaii County Council-49 Page 8 November 7, 2008 Res. 803-08: 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 Research and Development Hawaii County Resource Center, Miscellaneous Contract Services (Community Enterprises). Contingency Relief funds from District 8 would be used towards Community Enterprises' Kona town meetings. } Re: Comm. 1548 Intr. by: Mr. Pilago Waived: FC Res. 804-08: 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 Research and Development Hawaii County Resource Center, Miscellaneous Contract Services (Community Enterprises). Contingency Relief funds from District 7 would be used towards Community Enterprises' operational expenses. } Re: Comm. 1549 Intr. by: Ms. Ford Waived: FC Res. 807-08: 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 Environmental Management Transfer to Solid Waste Fund, Miscellaneous Charges (Kona Outdoor Circle -Kealakehe Beautification Project). Contingency Relief funds from District 8 would be used towards costs associated with Kona Outdoor Circle's Lei of Tree Planting and Beautification Project at Kealakehe.} Re: Comm. 1557 Intr. by: Mr. Pilago Waived: FC Res. 808-08: 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 Office of Housing and Community Development Transfer to Housing Fund (The Food Basket, Inc. -District 5). Contingency Relief funds from District 5 would be used to provide food and supplies to non-profit agencies and organizations to feed the homeless and hungry individuals and families in Puna. } Re: Comm. 1558 Intr. by: Ms. Naeole Waived: FC Hawaii County Council-49 Page 9 November 7, 2008 Res. 811-08: 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 Department of Research and Development New Industry and Industrial Development Miscellaneous Contract Services (Chinese Film Festival). Contingency Relief funds from District 6 would be used to support the Chinese Film Festival. } Re: Comm. 1561 Intr. by: Mr. Jacobson Waived: FC Res. 812-08: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Boys and Girls Cub of the Big Island -SMART Moves Program). Contingency Relief funds from District 4 would be used towards the Boys and Girls Club of the Big Island's SMART Moves program. } Re: Comm. 1562 Intr. by: Mr. Higa Waived: FC Res. 813-08: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,650 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Culture and Arts Class/Activities (Traditional Cultural Workshops). Contingency Relief funds from District 4 would be used to conduct and implement several new traditional cultural workshops islandwide. } Re: Comm. 1563 Intr. by: Mr. Higa Waived: FC Res. 814-08: 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 Office of the Prosecuting Attorney Kona Prosecuting Attorney Other Current Expense, Miscellaneous Contract Services (Friends of the Children's Justice Center of West Hawaii -Winners Camp). Contingency Relief funds from District 8 would be used towards the Friends of the Children's Justice Center of West Hawai`i's Winners Camp program. } Re: Comm. 1564 Intr. by: Mr. Pilago Waived: FC Hawaii County Council-49 Page 10 November 7, 2008 Res. 815-08: 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 Prosecuting Attorney Kona Prosecuting Attorney Other Current Expense (Partners in Development Foundation Hui Ho`omalu Program). Contingency Relief funds from District 8 would be used towards the Partners in Development Foundation's Hui Ho`omalu Program.} Re: Comm. 1565 Intr. by: Mr. Pilago Waived: FC 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) (NOTE: COUNCIL WILL TAKEA ONE-HOUR LUNCHBREAK CLOSE TO THE NOONHOUR.) BILLS FOR ORDINANCES (FIRST READING) Bi11324 Amends the Hawaii County Code 1983 (2005 Edition, as Amended), by Adding a (Draft 2): New Chapter Relating to Impact Fees. {Establishes the requirements and calendar for payment of impact fees by any impact-generating development, pursuant to the terms of the proposed chapter. These impact fees (roads, parks, fire/EMS, police, solid waste and wastewater) will be administered by the Planning Director. The chapter also establishes an Impact Fee Fund per benefit district to be administered by the Finance Director. Exemptions from the terms of the chapter are listed as well as criteria and requirements for impact fees applicable to affordable housing units. Administrative fines for violations of this chapter are also established. In addition, this chapter sets forth the criteria for fee calculations, provides information on refunds, credits, off-sets, recalculations, post-ordinance credits, pre-ordinance offsets as well as how the fees shall be used. } Re: Comm. 1329.29 Intr. by: Mr. Hoffmann Negative: PC-100 Bi11378: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Federal Grants -Sexual Violence Prevention and Planning ($14,900); appropriates same to Sexual Violence Prevention and Planning. Funds would be used to convene a Big Island group of sexual violence prevention stakeholders to provide input to the statewide Sexual Violence Prevention and Planning Committee. } Re: Comm. 1507 Intr. by: Mr. Yagong Approve: FC-344 Hawaii County Council-49 Page 11 November 7, 2008 Bi11379: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Federal Grants -Hawaii County Police Department (HCPD) Clickit or Ticket ($2,100); appropriates same to HCPD Clickit or Ticket. Funds would be used in an effort to reduce fatalities and injuries to occupants aged 17 and under during motor vehicle collisions by attempting to increase the use of seatbelts by infants, toddlers, teenagers, and young adults. } Re: Comm. 1508 Intr. by: Mr. Yagong Approve: FC-345 Bi11380: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Federal Grants -Hawaii County Police Department (HCPD) Roadblock Program ($15,500); appropriates same to HCPD Roadblock Program. Funds would be used in an effort to reduce the number of alcohol related fatalities and injuries, to increase public awareness, and to provide a deterrence against impaired driving by conducting impaired driving roadblocks. } Re: Comm. 1509 Intr. by: Mr. Yagong Approve: FC-346 Bi11381: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in Federal Grants -Organized Crime Drug Enforcement Task Force ($20,000); appropriates same to Organized Crime Drug Enforcement Task Force. } Re: Comm. 1510 Intr. by: Mr. Yagong Approve: FC-348 Bi11382: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in Federal Grants -Aggressive Driving Project ($36,000); appropriates same to Aggressive Driving Project.} Re: Comm. 1511 Intr. by: Mr. Yagong Approve: FC-350 Hawaii County Council-49 Page 12 November 7, 2008 Bi11383: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates revenues in Federal Grants -Hawaii County Police Department (HCPD) Data Grant ($72,000); appropriates same to HCPD Data Grant. } Re: Comm. 1512 Intr. by: Mr. Yagong Approve: FC-352 Bi11384: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Appropriates and decreases revenues in the following: Federal Grants -Hawaii County Police Department (HCPD) Traffic Investigation Program ($18,570) and Federal Grants -HCPD Traffic Training and Equipment [$12,000], for a total of $6,570; appropriates same to HCPD Traffic Investigation Program. } Re: Comm. 1513 Intr. by: Mr. Yagong Approve: FC-354 Bi11386: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Transfer from General Fund ($18,000); appropriates same to South Hilo Road -Other Current Expense. Funds would be used to install three paved pullouts along Ainalako Road in District 3. } Re: Comm. 1528 Intr. by: Mr. Yagong Waived: FC Bi11393: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Transfer from General Fund ($2,500); appropriates same to Landfills -Other Current Expense (Miscellaneous Contractual Services: Green Lei Project The Outdoor Circle dba Kona Outdoor Circle). Funds would be used to provide a visual buffer around the Solid Waste facilities at Kealakehe. } Re: Comm. 1555 Intr. by: Mr. Yagong Waived: FC Bi11394: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Transfer from General Fund ($10,000); appropriates same to The Food Basket Inc. (Hawai`i Island Food Bank -District 5). Funds would be used to purchase food for programs that feed the homeless, indigent, and hungry individuals and families. } Re: Comm. 1556 Intr. by: Mr. Yagong Waived: FC Hawaii County Council-49 Page 13 November 7, 2008 1:00 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 148 Amends Chapter 25 (Zoning Code) of the Hawaii County Code, Related to (Draft 3) Agricultural Tourism. {Addresses the permissibility of agricultural tourism and its (2004-2006): impacts in the various zoning districts; by Plan Approval, allows agricultural tourism up to a certain scale as an accessory use to the agricultural activities and/or agricultural products processing in the A, FA, IA, RA, and APD zoning districts; adds provisions for buses and required parking spaces; requires proof of agricultural income and/or agricultural products processing or investment; requires the Planning Department to conduct a site inspection prior to plan approval; provides that if the Planning Director fails to render a decision on plan approval within 60 days, the application shall be deemed approved; and reinserts language relating to action on a plan approval application, which was inadvertently left out. This bill clearly establishes the permissibility of agricultural tourism in the various commercial and industrial zoning districts. } Re: Comm. 863.5 Intr. by: Mr. Jacobson 1St Reading: October 22, 2008 Bi11323 Amends Chapter 19, Article 7, Sections 19-53, 19-58.1 and 19-58.2, Hawaii (Draft 3): County Code 1983 (2005 Edition, as Amended), Relating to Real Property Taxes- Nonspeculative Residential Use. {Proposes the following amendments: inserts a purpose statement; new applications would no longer be accepted; the owner may cancel the dedication without imposition of retroactive taxes when converting into the homeowner class; inserts a deadline to cancel dedication; a new valuation formula for converting into the homeowner class; re-instates renewal provisions, and Subsection 19-53(g)(2) and (3), Sections 19-58.1 and 19-58.2 would eventually be repealed. } Re: Comm. 1326.7 Intr. by: Mr. Yoshimoto 1St Reading: October 22, 2008 Bi11366 Amends Chapter 2 ofthe Hawaii County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Parity Liens. {Adds a new section relating to Lien Parity which clarifies treatment of parity liens as relating to payments, when such parity is required by law. } Re: Comm. 1453.2 Intr. by: Mr. Yagong 1St Reading: October 8, 2008 Held Over Pursuant to Council Rule 25(e): October 22, 2008 (Note: There is a pending motion by Mr. Yagong and duly seconded by Mr. Pilago to approve Bi11366, as amended (Draft 2).) Hawaii County Council-49 Page 14 November 7, 2008 Bi11367: Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009. {Adds PUBLIC WORKS: Department of Public Works Facilities Energy Efficient Systems ($2,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($2,500,000). Encourages the Public Works Department to embark on improving the energy efficiency of its facilities islandwide and provide new and existing facilities with energy efficient systems. } Re: Comm. 1454 Intr. by: Mr. Yagong 1St Reading: October 22, 2008 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bi11369: Adopts the County of Hawaii South Kohala Community Development Plan (CDP). {The planning area for the South Kohala CDP encompasses the judicial district of South Kohala. } Re: Comm. 1470 Intr. by: Mr. Pilago 1St Reading: October 22, 2008 Bi11370: Amends Section 25-8-21 (Laupahoehoe-Ninole 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 Manowaiopae, North Hilo, Hawaii, Covered by Tax Map Key 3-6-008:002 (approx. 22,366 square feet). {Raymond and Jane Otomo, Applicants.} Re: Comm. 1471 Intr. by: Mr. Pilago 1St Reading: October 22, 2008 Bi11371: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. {Increases revenues in Contribution from Private Source ($1,000); appropriates same to Hawaii Isle Police Activities League -Other Current Expense. } Re: Comm. 1478 Intr. by: Mr. Yagong 1St Reading: October 22, 2008 Hawaii County Council-49 Page 15 November 7, 2008 Bi11372 Amends Ordinance No. 01-118 of the County ofHawai`i, Relating to Certain Matters (Draft 2): Concerning the County's Outstanding Improvement District No. 17, Kaloko Subdivision, 2001 Special Assessment Refunding Bonds. {Amends Ordinance 01-118 to permit the Bank of New York to continue as paying agent for the 2001 Special Assessment Refunding Bonds or allow the County to act as its own paying agent. } Re: Comm. 1479.2 Intr. by: Mr. Yagong 1St Reading: October 22, 2008 REPORTS REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council's 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. 140.1: SUPPLEMENTATION OF WORKER'S COMPENSATION CONTRACT WITH PINAO AND ONO From Corporation Counsel Lincoln S. T. Ashida, dated October 15, 2008. 3:00 P.M.: STATEMENTS FROM THE PUBLIC ON OTHER BUSINESS OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 998.22: MAYOR'S VETO MESSAGE REGARDING BILL 237, DRAFT 2, RELATING TO REZONING OF THE PROPERTY IN NORTH KOHALA From Mayor Harry Kim, dated October 13, 2008, returning Bi11237, Draft 2, stating his reason for disapproval, as listed in this communication. ;and (Bill 237, Draft 2/Comm. 998.23 continues on the next page.) Hawaii County Council-49 Page 16 November 7, 2008 Bi11237 Planning Director Initiated: Repeals Ordinance No. 97-102 and Amends (Draft 2): 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 - 15 Acre (RA-15a) at Kahua 1St, North Kohala, Hawaii, Covered by Tax Map Key:5-9-001:008 (approx. 37.880 acres). Re: Intr. by: Referred to Planning Commission: 1St Reading: 2"d Reading: Mayor's Veto: Comm. 998.11 Mr. Hoffmann Apri122, 2008 September 10, 2008 September 24, 2008 October 13, 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 approve it again (2/3 majority vote) (see Article III, Section 3-12, Hawaii County Charter). For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. ;and Comm. 998.23: From Council Chair Pete Hoffmann, dated October 21, 2008, stating that pursuant to County Charter Section 3-12; he is requesting reconsideration of Bi11237, Draft 2, and an override of the Mayor's veto. 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 ca11961-8255 by November 5, 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 ca11961-8255. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") § 92-3.5, the Hawaii County Council will be conducting its November 7, 2008, meeting via videoconference. Council Members will be present at the following locations: Hawaii County Council-49 Page 17 November 7, 2008 County Council Room -Ben Franklin Tower, 2°d Floor, 333 Kilauea Avenue, Hilo, HI 96720 Sheraton Keauhou Bay Resort and Spa, 78-128 Ehukai Street, Kailua-Kona, HI 96740. Videoconferencin~ is available at the following locations; Waimea will be available unti14:30 p.m., or later in the event public witness testimony has not been completed: • Hilo Council Room at the Ben Franklin Building, Second Floor; and Waimea Council Office at the Holomua Center. If audio stream between Hilo and Kona is lost for more than a short period of time, the meeting will be terminated. • Videoconferencing from the Pahoa Neighborhood Facility will not be available. Submitting Testimony: Those wishing to testify in person must register with the County Clerk's staff. Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Testimony may also be submitted (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni St., Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestimon ~ a,co.hawaii.hi.us. Please submit separate testimony for each item. For testimony received via e-mail or fax, copies will be distributed at the meeting when transmitted in a timely manner. All oral and written testimony will be made a part of the public record. Viewing of Meetings on Government Access Television -Channel 52: Wednesday, November 19, 2008, at 6 p.m.; Friday's, November 14 and 21, 2008, at 12 p.m.; and Sunday's, November 16 and 23, 2008, at 9 a.m. (Note: These airtimes are subject to preemption by broadcasts from the State Legislature.) UPCOMING MEETINGS COMMITTEES THURSDAY, NOVEMBER 20, 2008 TBA COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COUNCIL COUNCIL -SINE DIE FRIDAY, NOVEMBER 21, 2008 TBA MONDAY, DECEMBER 1, 2008 9:00 a.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor COUNCIL -NEW 3:00 p.m. COUNCIL ROOM - HILO 333 Kilauea Avenue Ben Franklin Building Second Floor Hawaii County Council-49 Page 18 November 7, 2008 COMMITTEES TUESDAY, DECEMBER 16, 2008 TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, DECEMBER 17, 2008 COUNCIL TBA SHERATON KEAUHOU BAY RESORT & SPA