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HomeMy WebLinkAboutAGE COUNCIL 2007/02/07 2006-2008 ACTIONS PETE HOFFMANN BRENDA FORD Chair & Presiding Officer STACY K. HIGA DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON Vice Chair EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 5 Session ORDER OF BUSINESS Hawai‘i County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawai‘i Wednesday, February 7, 2007 8:30 a.m. INVOCATION Pastor Monty Stewart of Kona Church of the Nazarene CALL TO ORDER 8:38 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (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. Hawai‘i County Council-5 Page 2 February 7, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS COMMUNICATIONS Comm. 137: INFORMATIONAL SESSION REGARDING THE SUNSHINE LAW BY THE STATE OFFICE OF INFORMATION PRACTICES (OIP) From Council Chair Pete Hoffmann, dated January 26, 2007, requesting that this matter be agendized. Waived: PWIRC CLOSE FILE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 21-07: Proposes an Amendment to Chapter 25, Zoning Code, Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to Retail Establishments. {Amends the definition for “Retail establishment” and adds definitions for “Stockkeeping Unit or SKU” and “Superstore” to establish limits on permitted retail uses in the Zoning Code.} Re: Comm. 32 Intr. by: Mr. Higa Approve: PC-6 ADOPTED: AYES: Council Members Higa, Ikeda, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 6. NOES: Council Members Ford, Jacobson, and Yagong – 3. ABSENT & EXCUSED:None. Hawai‘i County Council-5 Page 3 February 7, 2007 Res. 26-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Office of the Prosecuting Attorney, Kona Prosecuting Attorney Other Current Expense, (Kahua Na‘au A‘o – Shiro-Taka Kenpo Karate School of Self-Development, Youth Substance Abuse Prevention Program). Discretionary funds from District 8 would be used towards Kahua Na‘au A‘o’s “Shiro-Taka Kenpo Karate School of Self-Development” providing at-risk youths in the community with substance abuse education and prevention through self-defense discipline training and exercise techniques integrating social, cultural, and family values.} Re: Comm. 47 Intr. by: Mr. Pilago Approve: FC-20 ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Res. 28-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for Postage Meters and Scales. {The two, two-year lease agreements for the postage meters and scales are for the Hilo and Kona offices of the Office of Corporation Counsel’s Family Support Division.} Re: Comm. 62 Intr. by: Mr. Yagong Approve: FC-21 ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Res. 29-07: Requires Mandatory Glass Container Recycling by Restaurants and Bars. {Mandates all restaurants and bars to recycle any and all glass containers at their establishments.} Re: Comm. 68 Intr. by: Mr. Jacobson Approve: EMC-1 AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Hawai‘i County Council-5 Page 4 February 7, 2007 Res. 30-07: Requires Mandatory Recycling by County Agencies and Departments. {Mandates recycling programs be established by all County agencies and departments for all recyclable materials generated at places of work and at County-managed facilities.} Re: Comm. 69 Intr. by: Mr. Jacobson Approve: EMC-2 AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Res. 33-07 Authorizes the Acceptance of the Monetary Contribution from the Continental (Draft 2): Pacific, LLC for the Kula‘mano Park Expansion Project. {Continental Pacific, LLC has committed to contribute to the County of Hawai‘i the sum of $15,000 from each sale of the 22 lots known as the Pepe‘ekeo North SMA and Pepe‘ekeo South SMA lots at Pepe‘ekeo Point (the expected total contribution of $330,000 would be used for the design and construction of improvements at the Kula‘imano Center and Park).} Re: Comm. 73.1 Intr. by: Mr. Yagong Approve: FC-23 ;and Comm. 73.2: From Council Member Dominic Yagong, dated January 19, 2007, transmitting Resolution 33-07, Draft 3. Draft 3 removes the “ramseyer formatting” (underscoring) contained in Draft 2; and Res. 33-07 Authorizes the Acceptance of the Monetary Contribution from the Continental (Draft 3): Pacific, LLC for the Kula‘mano Park Expansion Project. Intr. by: Mr. Yagong AMENDED TO DRAFT 4 & ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Hawai‘i County Council-5 Page 5 February 7, 2007 Res. 36-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Divison Other Current Expense (Positive Coaching Alliance Program). Discretionary funds from District 1 would be used towards funding of the Positive Coaching Alliance Program.} Re: Comm. 96 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Res. 40-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Liquor Control Public Program (Boys and Girls Club). Discretionary funds from District 4 would be appropriated to the Boys and Girls Club of the Big Island to enhance their youth programs.} Re: Comm. 102 Intr. by: Mr. Higa Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Res. 42-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Clerk-Council Services – Other Current Expense (Reimbursement for Dennis Tulang). Discretionary funds from District 3 would be used to cover travel and meal expenses incurred by Dennis Tulang who has volunteered his services to assist homeowners with disconnecting from their large capacity cesspools ($1,500 was appropriated via Resolution 361-06 for these expenses, however, additional funds are needed to continue with this project).} Re: Comm. 110 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Hawai‘i County Council-5 Page 6 February 7, 2007 Res. 43-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Transfer to Capital Project Fund-General (New Streetlight Installation-Islandwide – to be allotted to Ho‘omalu Streeetlight). Discretionary funds from District 3 would be used to purchase a new streetlight for electrical pole Number Seven on Ho‘omalu Street, Hilo.} Re: Comm. 111 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Res. 45-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,300 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Park Maintenance Other Current Expense (Kukuihaele Park Portable Restroom). Discretionary funds from District 1 would be used towards funding the rental of an ADA compliant portable restroom for Kukuihaele Park from February 1, 2007, through June 30, 2007.} Re: Comm. 115 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Res. 56-07: Requests the Department of Public Works to Include Office Spaces to Accommodate the County Clerk/County Council Offices in its Redesign and Renovation Plans for the County Building Located at 25 Aupuni Street, Hilo, Hawai‘i. Re: Comm. 136 Intr. by: Mr. Jacobson Waived: PWIRC ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: Council Member Ikeda – 1. ABSENT & EXCUSED:None. Hawai‘i County Council-5 Page 7 February 7, 2007 Res. 522-06 Accepts the Dedication of Lot 129 in the Pualani Estates Subdivision, Phase 1, (2004-2006): Being Tax Map Key: (3)7-5-041:052, Situate at Puapua‘aiki and Puapua‘anui, District of North Kona, County and State of Hawai‘i, from D.R. Horton-Schuler Homes, LLC, for Park Purposes (approx. 6.835 acres). {Accepts a park site in the Pualani Estates Subdivision, Phases 1 and 2.} Re: Comm. 1182 Intr. by: Mr. Jacobson Approve: PSPRC-1 ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. 11:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 19 Amends Chapter 2, Article 42, Hawai‘i County Code 1983 (2005 Edition, as (Draft 2): Amended), Relating to the Public Access, Open Space, and Natural Resources Preservation Fund. {Sets forth the process to set aside two percent of property taxes in this fund with the dates coinciding with the collection of property taxes twice per year, as well as a provision to set aside these monies in a conservative interest bearing account.} Re: Comm. 63.1 Intr. by: Mr. Yagong Approve: FC-22 ST AMENDED TO DRAFT 3 & PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Bill 21: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds PARKS AND RECREATION: Kulaimano Park Expansion ($330,000); funds shall be provided from Private Contributions ($330,000).} Re: Comm. 73 Intr. by: Mr. Yagong Approve: FC-24 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Hawai‘i County Council-5 Page 8 February 7, 2007 Bill 22: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds ENVIRONMENTAL MANAGEMENT: East Hawai‘i Reload Facility ($2,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($2,000,000). Funds would be used towards the East Hawai‘i Reload Facility Project allowing for the construction of the reload building, scale trailer, scales, utilities, and roadways in the area of the existing Hilo Solid Waste Transfer Station.} Re: Comm. 74 Intr. by: Mr. Yagong (B/R) Approve: FC-25 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Bill 42: Names a County Recreational Facility (TMK:(3)7-5-041:052) Pursuant to Chapter 15, Hawai‘i County Code 1983 (2005 Edition, as Amended). {Names the park in the Pualani Estates Subdivision the “William Charles Lunalilo Playground”.} Re: Comm. 135 Intr. by: Mr. Yoshimoto Waived: PSPRC ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Bill 151 Amends Chapter 20, of the Hawai‘i County Code 1983 (2005 Edition), Relating to (Draft 2) Littering and Refuse Disposal. {Amends the “penalty” section to strengthen (2004-2006): enforcement of illegal dumping.} Re: Comm. 436.2 Intr. by: Mr. Jacobson Approve: EMC-3 ST AMENDED TO DRAFT 3 & PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT & EXCUSED:Council Member Naeole – 1. Hawai‘i County Council-5 Page 9 February 7, 2007 1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 1: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Limited Industrial – 1 Acre (ML-1a) to Industrial-Commercial Mixed 1-Acre (MCX-1a) at Kaloko, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-51:96 (approx. 46,246 square feet). {C&R Development, LLC, Applicant.} Re: Comm. 3 Intr. by: Mr. Pilago Postponed: January 4, 2007 st 1 Reading: January 19, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Higa, Ikeda, Yagong, Yoshimoto, and Chair Hoffmann – 5. NOES: Council Members Ford, Jacobson, and Pilago – 3. ABSENT & EXCUSED:Council Member Naeole – 1. Bill 3 Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and (Draft 2): Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds ENVIRONMENTAL MANAGEMENT: Greenwaste and Composting Site Preparation and Ground Infrastructure at the West Hawai‘i Sanitary Landfill ($1,750,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($1,750,000). Funds would be used to develop the infrastructure for multiple functions at the resource recovery area adjacent to the West Hawai‘i Sanitary Landfill at Pu‘uanahulu.} Re: Comm. 11.4 Intr. by: Mr. Yagong Postponed: January 4, 2007 st 1 Reading: January 19, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT & EXCUSED:Council Member Naeole – 1. Hawai‘i County Council-5 Page 10 February 7, 2007 Bill 9: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2007. {Increases revenues in State Grants – Gang Response System ($7,346); appropriates same to Gang Response – Kona. Additional funds would be used to involve community-based agencies and government organizations to work together to address youth gangs and the issues surrounding these groups.} Re: Comm. 35 Intr. by: Mr. Yagong st 1 Reading: January 19, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT & EXCUSED:Council Member Naeole – 1. Bill 10: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds PARKS AND RECREATION: Waimea District Park ($149,000); funds shall be provided from Fair Share Assessment Contributions ($149,000). Funds would be used to master plan a new Waimea District Park to serve the recreational needs of the District of South Kohala.} Re: Comm. 36 Intr. by: Mr. Yagong st 1 Reading: January 19, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT & EXCUSED:Council Member Higa – 1. Bill 11: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds PARKS AND RECREATION: Kamehameha Park Comfort Station ($250,000); funds shall be provided from Fair Share Assessment Contributions ($250,000). Funds would be used to construct the comfort station according to the design commissioned by Kohala Ranch LLC and reviewed and approved by the Parks and Recreation Department.} Re: Comm. 37 Intr. by: Mr. Yagong st 1 Reading: January 19, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT & EXCUSED:Council Member Higa – 1. Hawai‘i County Council-5 Page 11 February 7, 2007 Bill 13: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2007. {Increases revenues in Contribution from Private Source ($2,000); appropriates same to Police Administration Division – Other Current Expense.} Re: Comm. 39 Intr. by: Mr. Yagong st 1 Reading: January 19, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT & EXCUSED:Council Member Higa – 1. Bill 14: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in State Grant – Coqui Frog Eradication Supplies ($140,000); appropriates same to Coqui Frog Eradication Supplies.} Re: Comm. 40 Intr. by: Mr. Yagong st 1 Reading: January 19, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT & EXCUSED:Council Member Higa – 1. Bill 16: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds PUBLIC WORKS: ADA Curb Ramp Compliance ($1,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($1,500,000). Funds would be used to construct curb cuts at street intersections throughout the island enabling persons with disabilities to use public sidewalks.} Re: Comm. 43 Intr. by: Mr. Yagong st 1 Reading: January 19, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 7. NOES: Council Members Ford and Yagong – 2. ABSENT & EXCUSED:None. Hawai‘i County Council-5 Page 12 February 7, 2007 Bill 18: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in Contribution from Private Source ($10,000); appropriates same to Paniolo Drive Smart Signs - Private. Funds would be used to purchase two Smart Signs to be used to help control speeding on Paniolo Drive in Waikoloa Village by alerting drivers of their vehicle speed in real time.} Re: Comm. 53 Intr. by: Mr. Yagong st 1 Reading: January 19, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Bill 20: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2007. {Increases revenues in Federal Grants – Reed Act (Act 190) ($1,925,556); appropriates same to Reed Act – 2006-07.} Re: Comm. 72 Intr. by: Mr. Hoffmann st 1 Reading: January 19, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT & EXCUSED:None. Bill 220 Amends the State Land Use Boundaries Maps for the County of Hawai‘i by (2004-2006): Changing the District Classification from the Agricultural to the Urban District at Keonepoko, Puna, Hawai‘i, Covered by Tax Map Key 1-5-7:53 (approx. 3.317 acres). {Timothy Lynn Gardner, Applicant.} Re: Comm. 680 Intr. by: Mr. Pilago Postponed: January 4, 2007 st 1 Reading: January 19, 2007 FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. NOES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. ABSENT & EXCUSED:None. Hawai‘i County Council-5 Page 13 February 7, 2007 Bill 221 Amends Section 25-8-26 (Pahoa Zone Map), Article 8, Chapter 25 (Zoning Code) (Draft 2) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District (2004-2006): Classification from Agricultural (A-1a) to Industrial-Commercial Mixed (MCX-1a) at Keonepoko, Puna, Hawai‘i, Covered by Tax Map Key 1-5-7:53 (approx. 3.317 acres). {Timothy Lynn Gardner, Applicant.} Re: Comm. 680.1 Intr. by: Mr. Safarik (B/R) Postponed: January 4, 2007 st 1 Reading: January 19, 2007 FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. NOES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. ABSENT & EXCUSED:None. Bill 231 Amends Chapter 25 (Zoning Code) of the Hawai‘i County Code, Relating to Scenic (2002-2004): Corridors. {Adds a new division to Chapter 25, Article 6, Hawai‘i County Code 1983 (2005 Edition) entitled, “Division 6. Scenic Corridors,” which delineates criteria and procedures for the establishment and initiation of scenic corridors.} Re: Comm. 509 Intr. by: Mr. Reynolds (B/R) st 1 Reading: December 20, 2006 Postponed: January 4 and 19, 2007 POSTPONED TO FEBRUARY 22, 2007, COUNCIL MEETING (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Jacobson to approve Bill 231.) Hawai‘i County Council-5 Page 14 February 7, 2007 Bill 345 Planning Director Initiated Amends Chapter 25, Article 1, Subsection 25-1-5(b), (Draft 2) (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition, as Amended), (2004-2006): Relating to the Definition of Family. {Amends the definition of “Family” to include a group of not more than eight unrelated persons, plus any program staff, living in a facility licensed or certified by the Department of Health. Draft 2 adds additional language to this definition to include “provided that if more than one dwelling on a lot is used for such a facility, the number of unrelated persons in each dwelling shall not exceed five, plus any program staff”.} Re: Comm. 67.20 Intr. by: Mr. Pilago Approve: PC-128 Postponed: December 20, 2006 st 1 Reading: January 4, 2007 (Note: Pursuant to Council Rule No. 12-9(b), due to the tie vote of 4-ayes, 4-noes, and 1-absent & excused, this matter was placed on the January 19, 2007, agenda) COMMIT TO PLANNING COMMITTEE: AYES: Council Members Ford, Higa, Ikeda, Naeole, and Yoshimoto – 5. NOES: Council Members Jacobson, Pilago, Yagong, and Chair Hoffmann – 4. ABSENT & EXCUSED:None. ;and (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Jacobson to approve Bill 345, Draft 2 (2004-2006).) Comm. 67.22: From Council Member Brenda Ford, dated January 26, 2007, transmitting amendments to Bill 345, Draft 2 (2004-2006), which proposes to amend the definitions of “family” and “group living facility”, adds use permit provisions for group living facilities, and amends the title. (Note: Pursuant to Council Rule No. 12-9(b), due to the tie vote of 4-ayes, 4-noes, and 1-absent & excused, this item has been placed on this agenda.) REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ended June 30, 2006. ACCEPTED REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-5(a)(4), Hawai‘i Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote, pursuant to HRS Section 92-4 and Rule 12 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Hawai‘i County Council-5 Page 15 February 7, 2007 Comm. 139: UNITED PUBLIC WORKERS V. COUNTY OF HAWAI‘I, ET. AL. CIVIL NO. 98-244 From Corporation Counsel Lincoln S. T. Ashida, dated January 25, 2007. {Wishes to discuss the possibility of alternative dispute resolution proposed by the UPW in lieu of immediately pursuing their appeal filed in the above case.} CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 140: SPECIAL COUNSEL CONTRACT FOR PINAO AND ONO; OUR ENTRY NO.: WRK 04-8521 From Corporation Counsel Lincoln S. T. Ashida, dated January 25, 2007. {Wishes to discuss the further amendment of the present contract with the County of Hawai‘i and Pinao and Ono.} CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS WEDNESDAY, FEBRUARY 21, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA THURSDAY, FEBRUARY 22, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA THURSDAY, MARCH 8, 2007 COMMITTEES TBA COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor FRIDAY, MARCH 9, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor ADJOURNMENT 6:06 p.m. 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 to attend this meeting should call 961-8255 by February 5, 2007. Persons using TDDs may call 961-8521. Hawai‘i County Council-5 Page 16 February 7, 2007 Copies of an item listed on the agenda may be viewed at the Hawai‘i County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawai‘i 96740; at the Office of the County Clerk at 333 Kīlauea Avenue, Hilo, Hawai‘i 96720; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawai‘i 96740; and at the Waimea Council Members' Office at the Holomua Center, 64-1067 Māmalahoa Highway, Suite 5, Waimea, Hawai‘i 96743. Submitting Testimony: Those persons wishing to testify in person must register with the Council/Clerk’s staff. Those testifying in person and submitting written testimony should bring seventeen (17) copies of the testimony for distribution at the meeting. Those persons unable to testify in person may submit testimony (1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i 96720, (2) by facsimile to (808) 961-8912, or (3) by e-mail to counciltestimony@co.hawaii.hi.us. Please submit a separate testimony for each item. Copies will be made and distributed at the meeting when transmitted in a timely manner. In any case, both oral and written testimony will be considered public record. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawai‘i County Code} A lobbyist means “any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials.” {Article 15, Section 2-91.3(a)(6), Hawai‘i County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 333 Kīlauea Avenue, Hilo, Hawai‘i 96720. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, February 14, 2007, at 6 p.m.; Sunday, February 18, 2007, at 10:30 a.m.; and Wednesday, February 21, 2007, at 6 p.m.