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HomeMy WebLinkAboutAGE COUNCIL 2007/03/09 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 7 Session ORDER OF BUSINESS Hawai‘i County Council 333 Kīlauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawai‘i Friday, March 9, 2007 9:00 a.m. INVOCATION Minister Earl Ikeda of Puna Hongwanji Mission CALL TO ORDER 9:07 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-7 Page 2 March 9, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 186: NOMINATES MINORU HANATO (SOUTH KONA) AND GEORGE MUKAI (HILO) TO THE VETERANS ADVISORY COMMISSION From Mayor Harry Kim, dated February 9, 2007, recommending approval of the above nominations. Waived: PSPRC APPROVED ;and Comm. 186.1: From Public Safety and Parks and Recreation Committee Chair J Yoshimoto, dated February 28, 2007, requesting that this matter be waived to the full Council. Comm. 188: NOMINATES KELLY Y. KURAKAZU (COUNCIL DISTRICT 4) TO THE LIQUOR ADJUDICATION BOARD From Mayor Harry Kim, dated February 14, 2007, recommending approval of the above nomination. Waived: PSPRC APPROVED ;and Comm. 188.1: From Public Safety and Parks and Recreation Committee Chair J Yoshimoto, dated February 28, 2007, requesting that this matter be waived to the full Council. ORDER OF RESOLUTIONS Res. 58-07: 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 Liquor Control Public Programs, Miscellaneous Contract Services (American Legion Kona Post 20 Womens’ Auxiliary). Discretionary funds from District 8 would be used to help the American Legion Kona Post 20 Womens’ Auxiliary defray costs of hosting meetings, public announcements, educational materials, special recognition presentations, and transportation costs relating to veteran memorial services in the Kona community.} Re: Comm. 142 Intr. by: Mr. Pilago Approve: FC-50 ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 3 March 9, 2007 Res. 59-07: Authorizes the Acceptance of a Donation of Three Buses for the County Mass Transit Agency. {Donated by the City and County of Honolulu, with an estimated total value of $5,715.} Re: Comm. 146 Intr. by: Mr. Yagong Approve: FC-51 ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Res. 60-07: Postpones Pending Public Auction of Hāmākua Lands in Pa‘auilo, Tax Map Keys (TMKs) (3) 4-3-07:01; 4-3-09:19; 4-3-09:24; 4-3-11:01 and 4-3-11:02, to Enable the Hawai‘i County Council to Formulate a Plan of Land Disposition to Help Alleviate the Affordable Housing Crisis on Hawai‘i Island. {Postpones the pending sale by public auction by the Hawai‘i County Finance Department until such time that the Hāmākua Lands Ad Hoc Committee formulates a plan of land disposition that would help to meet the affordable housing needs of our Hawai‘i Island community.} Re: Comm. 148 Intr. by: Mr. Yagong Approve: FC-52 ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Res. 61-07: 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 – Contingency Relief account; credits same to Department of Public Works Transfer to Capital Projects Fund-General (New Streetlight Installation – Islandwide Melia Street Roundabout in Waikoloa. Discretionary funds from District 9 would be used to install a new streetlight at the Melia Street Roundabout in Waikoloa Village.} Re: Comm. 151 Intr. by: Mr. Hoffmann Approve: FC-53 ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 4 March 9, 2007 Res. 64-07: Requests Mayor Harry Kim to Consider Reducing the Fiscal Year 2008 Homeowner Real Property Tax Rate. {Requests reducing the homeowner real property tax rate by at least 10 percent for Fiscal Year 2008.} Re: Comm. 154 Intr. by: Mr. Yoshimoto Waived: FC Postponed: February 22, 2007 ADOPTED: AYES: Council Members Higa, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 6. NOES: Council Members Ford and Jacobson – 2. ABSENT: Council Member Ikeda – 1. EXCUSED: None. (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Yagong to adopt Resolution 64-07.) Res. 65-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Liquor Control Public Programs, Miscellaneous Contract Services (Kealakehe Junior Reserve Officers’ Training Corps (JROTC)). Discretionary funds from District 8 would be used towards transportation costs for 70 Hawai‘i Island cadets in the JROTC to participate in the 2007 Statewide Spring Camp at Schofield Barracks on O‘ahu and the Summer Leadership Training in Hilo.} Re: Comm. 158 Intr. by: Mr. Pilago Approve: FC-54 ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 5 March 9, 2007 Res. 66-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Liquor Control Public Progams Miscellaneous Contract Services (Kealakehe Junior Reserve Officers’ Training Corps (JROTC)). Discretionary funds from District 7 would be used towards transportation costs for 70 Hawai‘i Island cadets in the JROTC to participate in the 2007 Statewide Spring Camp at Schofield Barracks on O‘ahu and the Summer Leadership Training in Hilo.} Re: Comm. 159 Intr. by: Ms. Ford Approve: FC-55 ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Res. 69-07: Appoints the Deputy County Clerk. {Appoints Kenneth G. Goodenow to the position of Deputy Clerk.} Re: Comm. 163 Intr. by: Ms. Ford Approve: PWIRC-8 ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Res. 70-07: Appoints the Legislative Auditor. {Appoints Colleen Schrandt to the position of Legislative Auditor.} Re: Comm. 164 Intr. by: Ms. Ford Approve: PWIRC-9 ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 6 March 9, 2007 Res. 72-07: 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 Liquor Control Public Programs, Miscellaneous Contract Services (Kealakehe Project Grad). Discretionary funds from District 8 would be used to defray the cost of providing drug and alcohol-free graduation activities for the Kealakehe High School seniors through the Kealakehe Project Grad program.} Re: Comm. 167 Intr. by: Mr. Pilago Approve: FC-56 ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Res. 73-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $20,000 out and from East Hawai‘i Coalition – Emergency account; credits same to Office of Social Ministry (OSM) – Kihei Pua Emergency Shelter. Funds would be used by the Office of Social Ministry to administer the East Hawai‘i Coalition for the Homeless’s Kihei Pua Emergency Shelter program in South Hilo, which provides 24-hour emergency shelter that serves families and individuals, and provides participants opportunities to become self-sufficient, and prepares them to secure and maintain permanent housing.} Re: Comm. 168 Intr. by: Mr. Yagong Approve: FC-57 ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 7 March 9, 2007 Res. 75-07: Creates a Departmental Personnel Clerk Position for the Department of Finance. {This position would serve as backup to the Personnel Assistant II and provide continuity of operations in the event the Personnel Assistant II is not available to work.} Re: Comm. 177 Intr. by: Mr. Yagong Approve: FC-63 ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Res. 76-07: Authorizes the Extension of the Public Sewer to Kulana Street for Hilo One, Inc. at Hilo, Hawai‘i. {Extends the existing 8-inch sewer line 38 lineal feet, installs one new sewer manhole and two sewer laterals in Paukaa Village along the old Māmalahoa Highway (Kulana Street).} Re: Comm. 179 Intr. by: Mr. Jacobson Approve: EMC-4 AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Res. 81-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense (Pāpa‘aloa Gym). Discretionary funds from District 1 would be used towards the purchase of equipment for the Pāpa‘aloa Gym.} Re: Comm. 189 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 8 March 9, 2007 Res. 83-07: 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 Department of Planning, Planning Other Current Expense, Miscellaneous Contract Services (EnVision Downtown Hilo 2025, Phase II). Discretionary funds from District 3 would be used for the implementation of the EnVision Downtown Hilo 2025 Community-Based Vision and Living Action Plan.} Re: Comm. 196 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Res. 85-07: 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 Prosecuting Attorney’s Office Weed and Seed – Coordinator/County (Neighborhood Place of Puna). Discretionary funds from District 6 would be used to support the “Ready to Learn” Project (the purchase and distribution of school supplies to needy children in Puna).} Re: Comm. 214 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Ikeda and Yoshimoto – 2. EXCUSED: None. Hawai‘i County Council-7 Page 9 March 9, 2007 Res. 86-07: 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 Prosecuting Attorney’s Office Weed and Seed Coordinator-County (Neighborhood Place of Puna). Discretionary funds from District 5 would be used to supplement the purchase of school supplies for low- income children in the Puna District.} Re: Comm. 215 Intr. by: Ms. Naeole Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Ikeda and Yoshimoto – 2. EXCUSED: None. Res. 87-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Fire Department Training and Volunteer Other Currrent Expense (Laupāhoehoe Volunteer Fire Station: Safety Equipment and Garage Extension Building Materials). Discretionary funds from District 1 would be used towards funding the Laupāhoehoe Volunteer Fire Station for safety equipment and the garage extension building materials.} Re: Comm. 216 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 10 March 9, 2007 Res. 88-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Fire Department Training and Volunteer Other Current Expense (Pa‘auilo Volunteer Fire Station for Safety Equipment and Paint Tanker 8). Discretionary funds from District 1 would be used towards funding the Pa‘auilo Volunteer Fire Station for safety equipment and the painting of Tanker 8.} Re: Comm. 217 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Res. 89-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,919 out and from Clerk-Council Services – Contingency Relief account; credits same to Fire Department Training and Volunteer Fire Other Current Expense (Pepe‘ekeo Volunteer Fire Station Automatic External Defibrillator (AED) Equipment Purchase). Discretionary funds from District 1 would be used towards the purchase of an AED for the Pepe‘ekeo Volunteer Fire Station.} Re: Comm. 218 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 11 March 9, 2007 Res. 90-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $17,269.75 out and from Clerk-Council Services – Contingency Relief account; credits same to Hawai‘i Fire Department Training and Volunteer Fire Equipment (Nine Automatic External Defibrillators (AEDs) for Council District 6). Discretionary funds from District 6 would be used for nine AEDs to be located in the volunteer fire departments in Puna, Ka‘ū and South Kona.} Re: Comm. 219 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 12: 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. {Increases an appropriation to PUBLIC WORKS: Land Acquisition for Public Works Facilities \[$100,000\] $1,000,000; appropriation increase shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($900,000). Additional funds would be used to acquire properties as requested by the landowners who have not been able to utilize their property due to the pond created by the County/State of Hawai‘i (runoff generated by the State Mohouli Housing Project) and would like to be properly compensated for their loss.} Re: Comm. 38 Intr. by: Mr. Yagong Approve: FC-19 Postponed: February 22, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. (Note: There is a pending motion by Mr. Yagong and duly seconded by Mr. Pilago to approve Bill 12.) Hawai‘i County Council-7 Page 12 March 9, 2007 Bill 24: Amends the State Land Use Boundaries Maps for the County of Hawai‘i by Changing the District Classification From the Agricultural to the Urban District at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-2-56:23 (approx. 2.649 acres). {Glenn T. Nakamura, Applicant.} Re: Comm. 86 Intr. by: Mr. Pilago Approve: PC-13 ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 25: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification From Agricultural – 3 Acres (A-3a) to Residential and Agricultural - .5 Acre (RA-.5a) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-2-56:23 (approx. 2.649 acres). {Glenn T. Nakamura, Applicant.} Re: Comm. 86 Intr. by: Mr. Pilago Approve: PC-14 ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 30: Amends Section 25-8-33 (City of Hilo 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 – 20,000 Square Feet (ML-20) to Industrial-Commercial Mixed Use – 20,000 Square Feet (MCX-20) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-2-35:47 (approx. 21,050 square feet). {Clark Realty Corporation, Applicant.} Re: Comm. 104 Intr. by: Mr. Pilago Approve: PC-15 ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 13 March 9, 2007 Bill 34 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. {Increases PUBLIC WORKS: Laiopua Connector Road Project \[$7,600,000\] ($10,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($2,400,000). Funds would be used to extend Keanalehu Drive approximately 1,700 feet and Manawalea Street approximately 3,800 feet to the intersection of both roads providing another link between Kealakehe Schools and residents of Laiopua.} Re: Comm. 125.1 Intr. by: Mr. Yagong Approve: FC-36 Postponed: February 22, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Jacobson to approve Bill 34, Draft 2.) Bill 36: 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: Traffic Safety and Efficiency Study ($350,000); funds shall be provided from Highway Fund – Fund Balance ($350,000). Funds would be used to assist the Public Works Department lay the foundation for developing an overall strategy to effectively operate their transportation roadways for the next 20-30 years.} Re: Comm. 130 Intr. by: Mr. Yagong Approve: FC-42 Postponed: February 22, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. (Note: There is a pending motion by Mr. Yagong and duly seconded by Mr. Jacobson to approve Bill 36.) Hawai‘i County Council-7 Page 14 March 9, 2007 Bill 39: 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 MANAGEMENT: West Hawai‘i Emergency Shelter – County Match ($500,000) and West Hawai‘i Emergency Shelter – State Grant ($500,000), for a total of $1,000,000; funds shall be provided from Transfer from General Fund ($500,000) and State Grants Receivable ($500,000), for a total of $1,000,000. Funds would be used towards the planning, design, and construction costs of the West Hawai‘i Emergency Shelter.} Re: Comm. 131 Intr. by: Mr. Yagong Approve: FC-45 Postponed: February 22, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Ikeda and Yoshimoto – 2. EXCUSED: None. (Note: There is a pending motion by Mr. Jacobson and duly seconded by Mr. Yagong to approve Bill 39.) Bill 40: 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 FINANCE: Earthquake Damages – County Share ($5,000,000); funds shall be provided from Transfer from General Fund ($5,000,000). Funds would be used towards any and all costs relating to the October 15, 2006, earthquake.} Re: Comm. 131 Intr. by: Mr. Yagong Approve: FC-46 Postponed: February 22, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT: Council Members Higa, Ikeda, and Yoshimoto – 3. EXCUSED: None. (Note: There is a pending motion by Mr. Yagong and duly seconded by Mr. Jacobson to approve Bill 40.) Hawai‘i County Council-7 Page 15 March 9, 2007 Bill 41: 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 FIRE: Kapoho Communications Radio Site and Tower Replacement ($755,000); funds shall be provided from Transfer from General Fund ($755,000). Funds would be used towards the development of a facility to house radio equipment to utilize an existing tower in partnership with HELCO enabling County agencies radio communication in the Puna area.} Re: Comm. 131 Intr. by: Mr. Yagong Approve: FC-47 Postponed: February 22, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. (Note: There is a pending motion by Mr. Yagong and duly seconded by Mr. Jacobson to approve Bill 41.) Bill 44: Planning Director Initiated Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification From Agricultural – 1 Acre (A-1a) to Open (O) at Pu‘uanahulu, North Kona, Hawai‘i, Covered by Tax Map Key 7-1-5:9 and 7-1-7:44-47 (approx. 182.946 acres). Re: Comm. 156 Intr. by: Mr. Pilago Approve: PC-16 ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 16 March 9, 2007 Bill 45: Authorizes the Mayor of the County of Hawai‘i to Enter Into an Intergovernmental Agreement for a State Water Pollution Control Revolving Fund Loan for Wastewater Public Improvement Projects; and Authorizes the Issuance of $6,747,000 General Obligation Bonds of the County of Hawai‘i for the Purpose of Financing Qualified Wastewater Public Improvements of the County of Hawai‘i. {An application will be submitted for a State Water Pollution Control Revolving Fund Loan (SRF loan) to the Director of the Department of Health to finance the construction of the wastewater projects listed in “Exhibit A.”} Re: Comm. 169 Intr. by: Mr. Yagong Approve: FC-58 ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 46: 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: North Kona Sewer – County ($466,000) and North Kona Sewer – State Revolving Funds ($3,104,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($466,000) and State Revolving Funds ($3,104,000). Installation of the Sewer Infrastructure is required to allow planned development of the North Kona area.} Re: Comm. 169 Intr. by: Mr. Yagong Approve: FC-59 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 17 March 9, 2007 Bill 47: 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: North Kona Effluent Reuse Upgrade – County ($546,000) and North Kona Effluent Reuse Upgrade – State Revolving Funds ($3,643,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($546,000) and State Revolving Funds ($3,643,000). Installation of the Reuse Water Infrastructure is required to allow future use of treated wastewater from the Kealakehe Wastewater Treatment Plant for irrigation in lieu of current disposal into a seepage pit.} Re: Comm. 169 Intr. by: Mr. Yagong Approve: FC-60 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 48: 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. {Increases ENVIRONMENTAL MANAGEMENT: Honoka‘a Large Capacity Cesspool Replacement \[$600,000\] $1,200,000; fund increase shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($600,000). Fund increase is due to the additional complexity involved in the design of a Wastewater Treatment Plant and would include property surveying, installation of roadway access, as well as utility infrastructure (water, electricity, telephone).} Re: Comm. 170 Intr. by: Mr. Yagong Approve: FC-61 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 18 March 9, 2007 Bill 49: 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: Kealakehe Wastewater Treatment Plant Aeration Upgrade ($300,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($300,000). Funds would be used to upgrade the Kealakehe Wastewater Treatment Plant Aeration system.} Re: Comm. 171 Intr. by: Mr. Yagong Approve: FC-62 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 50: Amends Chapter 2, Article 25, Section 2-139 and Section 2-140 of the Hawai‘i County Code 1983 (2005 Edition), as Amended, Administration, Relating to Appropriation of Funds to Nonprofit Organizations. {Establishes procedures for the awarding of grants to nonprofit organizations from other sources, including the Council’s district contingency relief account.} Re: Comm. 174 Intr. by: Ms. Naeole Approve: HSEDC-1 ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 52 Amends Chapters 23 (Subdivision Control Code) and 25 (Zoning Code), Hawai‘i (Draft 2): County Code 1983 (2005 Edition, as Amended), Relating to Stormwater Management. {Requires that most new development have onsite drainage of rainwater into drywells or other methods that infiltrate stormwater into the ground.} Re: Comm. 178.3 Intr. by: Mr. Pilago Approve: PC-17 ST AMENDED TO DRAFT 3 & PASSED 1 READING: AYES: Council Members Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 19 March 9, 2007 Bill 53: Amends Chapter 24 of the Hawai‘i County Code 1983 (1995 Edition), Vehicles and Traffic, Relating to Temporary Changes in Traffic Controls to Effectuate Traffic Code Amendments. {Allows the Public Works Director to extend the period of temporary traffic control for an additional 90 days without obtaining an extension from the County Council.} Re: Comm. 180 Intr. by: Ms. Ford Approve: PWIRC-11 10 ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 63: Amends Chapter 15, Article 7, Section 15-62, Hawai‘i County Code 1983 (2005 Edition) Relating to Membership and Tenure of the Veterans Advisory Committee. {Adds Camp Tarawa Detachment #1255 of the Marine Corps League to the Veterans Advisory Committee.} Re: Comm. 202 Intr. by: Mr. Hoffmann Waived: PSPRC ST AMENDED TO DRAFT 2 & PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. ;and Comm. 202.1: From Public Safety and Parks and Recreation Committee Chair J Yoshimoto, dated February 28, 2007, requesting that this matter be waived to the full Council. Bill 65: 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 Wireless Enhanced 911 System ($50,000); appropriates same to Wireless Enhanced 911 System. Funds would be used to lease, purchase, or maintain all necessary equipment, including hardware, software, and database provisioning required to provide technical functionality for Wireless Enhanced 911 Services.} Re: Comm. 206 Intr. by: Mr. Yagong Waived: FC ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 20 March 9, 2007 Bill 156 Amends Chapter 11 (Housing), Article 1, Section 11-4(d), Hawai‘i County Code (2004-2006): 1983 (2005 Edition), to Include Affordable Housing Requirements for Industrial Park Developments. {Requires industrial park developments, consisting of multiple individual enterprises which cumulatively generate over 100 employees on a fulltime equivalent basis, to earn one affordable housing credit for every four fulltime equivalent jobs created.} Re: Comm. 463 Intr. by: Mr. Hoffmann Negative Recommendation: PC-36 (due to a vote of 4-ayes, 3-noes and 2-absent and excused) Postponed: November 9 and December 7, 2005 ST AMENDED TO DRAFT 2 & PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Mr. Jacobson to approve Bill 156.) ;and Comm. 200: From Council Chair Pete Hoffmann, dated February 13, 2007, requesting that Bill 156 be placed on the Council’s agenda for first reading. Hawai‘i County Council-7 Page 21 March 9, 2007 Bill 345 Planning Director Initiated Amends Chapter 25, Article 1, Subsection 25-1-5(B), of (Draft 3) the Zoning Code of the Hawai‘i County Code 1983 (2005 Edition, as Amended), (2004-2006): Relating to the Definition of Family and Group Living Facility, and Amending Chapter 25, Article 2, Section 25-2-61, Applicability; Use Permit Required. Re: Comm. 67.57 Intr. by: Ms. Ford 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) Committed to Planning Committee: February 7, 2007 Approve: PC-18 ST AMENDED TO DRAFT 4 & PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Ikeda and Naeole – 2. EXCUSED: None. ;and Comm. 67.56: From Planning Director Christopher J. Yuen, dated February 16, 2007, attaching for information a letter from Dr. Scott Ray, State Department of Human Services; and Comm. 67.58: From Council Member Brenda Ford, dated February 28, 2007, transmitting a proposed amendment to Bill 345, Draft 3, which memorializes additional amendments to the definition of “group living facility”. 2:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) Hawai‘i County Council-7 Page 22 March 9, 2007 ORDER OF THE DAY (SECOND OR FINAL READING) 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 st 1 Reading: February 7, 2007 Postponed: February 22, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. (Note: There is a pending motion by Mr. Jacobson and duly seconded by Mr. Yagong to approve Bill 21.) 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) st 1 Reading: February 7, 2007 Postponed: February 22, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 6. NOES: Council Members Higa and Naeole – 2. ABSENT: Council Member Ikeda – 1. EXCUSED: None. (Note: There is a pending motion by Mr. Yagong and duly seconded by Mr. Jacobson to approve Bill 22.) Hawai‘i County Council-7 Page 23 March 9, 2007 Bill 26: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification From Open (O) to Multiple Family Residential – 1,000 Square Feet (RM-1) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-4-057:029, Por. 030 & Por. 031 (Formerly 2-4-057:001) (approx. 4.888 acres.). {Hawai‘i Island Veterans’ Memorial, Inc., Applicant.} Re: Comm. 87 Intr. by: Mr. Pilago st 1 Reading: February 22, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 27: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification From Single Family Residential – 10,000 Square Feet (RS-10) to Limited Industrial – 20,000 Square Feet (ML-20) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-2-35:58 (approx. 21,050 square feet). {Bruce A. Hansen, Applicant.} Re: Comm. 88 Intr. by: Mr. Pilago st 1 Reading: February 22, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Higa, Jacobson, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 6. NOES: None. ABSENT: Council Members Ford, Ikeda, and Naeole – 3. EXCUSED: None. Bill 29: Planning Director Initiated – Amends Chapter 25 (Zoning Code), Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to Plan Approval. {Proposes that the mitigation of noise impacts be included in the criteria for receiving plan approval.} Re: Comm. 90 Intr. by: Mr. Pilago st 1 Reading: February 22, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Ford and Ikeda – 2. EXCUSED: None. Hawai‘i County Council-7 Page 24 March 9, 2007 Bill 31: 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 Transfer from General Fund ($2,000); appropriates same to Streetlights Other Current Expense (District 6 – Pearl Street, Mauna Loa Estates Subdivision). Funds would be used to install a streetlight on Pearl Street in the Mauna Loa Estates Subdivision (within Council District 6) to improve public safety.} Re: Comm. 105 Intr. by: Mr. Yagong st 1 Reading: February 22, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 32: 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 Federal Grants – Pāhoa Get High on Life Grant ($16,000); appropriates same to Pāhoa Get High on Life Grant.} Re: Comm. 123 Intr. by: Mr. Yagong st 1 Reading: February 22, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 33: 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 Federal Grants – Sexual assault Training Program ($34,500); appropriates same to Sexual assault Multi-Disciplinary Training.} Re: Comm. 124 Intr. by: Mr. Yagong st 1 Reading: February 22, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 25 March 9, 2007 Bill 35: 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 Fund Balance from Previous Year ($3,016,506); appropriates to the following: Traffic Division – Other Current Expense ($120,000), Street Lights ($299,172), Highway Maintenance Administration – Equipment ($1,027,500), Roadside Maintenance Service ($69,834), Highway Mass Transit Other Current Expense ($650,000), and Transfer to Capital Project Fund ($850,000), for a total of $3,016,506. A brief explanation of these appropriations are included in this Communication.} Re: Comm. 130 Intr. by: Mr. Yagong st 1 Reading: February 22, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 26 March 9, 2007 Bill 37 Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of (Draft 4): Hawai‘i for the Fiscal Year Ending June 30, 2007. {Increases revenues in Fund Balance from Previous Year ($11,049,514); appropriates to the following: Clerk- Council Services – Other Current Expense ($84,000), External Audit ($86,400), Legislative – Contingency Relief ($900,000), Elections Division – Salaries and Wages ($2,000), Elections Division – Other Current Expense ($14,000), Data Systems – Other Current Expense ($80,000), Data Systems – Equipment ($22,000), Finance Administration and Budget – Salaries and Wages ($7,300), Finance Administration and Budget – Other Current Expense ($35,000), Finance Administration and Budget – Equipment ($2,200), Research and Development – Other Current Expense ($6,740), Research and Development – Equipment ($11,200), New Industry and Industrial Development ($7,000), Hawai‘i County Resource Center ($1,800), Building Repair and Maintenance – Other Current Expense ($312,784), Police Administration Division – Other Current Expense ($189,000), Police Administration Division – Equipment ($3,500), Police Administration Services – Salaries and Wages ($13,930), Fire Protection – Other Current Expense ($110,520), Fire Protection – Equipment ($23,158), Building Inspection – Equipment ($30,668), Humane Society ($50,000), Civil Defense Agency – Equipment ($375,000), Prosecuting Attorney – Other Current Expense ($34,000), Rural Cemeteries – Other Current Expense ($6,700), RSVP – Other Current Expense ($4,000), Parks Repair and Maintenance and Improvements ($150,000), West Hawai‘i Golf Program ($250,000), Transfer to Housing Fund ($67,000), Transfer to Capital Projects Fund ($6,340,025), Transfer to Solid Waste Fund ($168,538), Transfer to Golf Course Fund ($61,051), and Transfer to Public Access/Open Space Preservation Fund ($1,600,000), for a total of $11,049,514.} Re: Comm. 131.4 Intr. by: Mr. Yagong st 1 Reading: February 22, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 38: 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 Transfer from General Fund ($67,000); appropriates same to Office of Housing – Other Current Expense. Funds to be used at the Kiheipua Emergency Shelter.} Re: Comm. 131 Intr. by: Mr. Yagong st 1 Reading: February 22, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Hawai‘i County Council-7 Page 27 March 9, 2007 Bill 56: 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 Federal Grants – Healthy Aging Partnership – Empowering Elders ($78,760); appropriates to Aging – Healthy Aging Partnership – Empowering Elders ($3,760) and Nutrition – Healthy Aging Partnership – Empowering Elders ($75,000), for a total of $78,760.} Re: Comm. 184 Intr. by: Mr. Yagong st 1 Reading: February 22, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. 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, 19, February 7, and 22, 2007 ND AMENDED TO DRAFT 2 & PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Jacobson to approve Bill 231.) REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Months Ended September 30, 2006. ACCEPTED FC-49 Recommends approval of the nomination of Ms. Reiko Ford (Council (Comm. 149): District 7) to the Tax Board of Review. APPROVED PSPRC-2 Recommends approval of the nomination of Mr. Michael B. Sumja (Council (Comm. 143): District 9) to the Police Commission. APPROVED Hawai‘i County Council-7 Page 28 March 9, 2007 PSPRC-3 Recommends approval of the following nominations to the Liquor (Comm. 175): Commission: Ms. Everette L. Souza (Council District 1), Ms. Ioana D. Agasa (Council District 4), and Ms. Iris M. McGuire (Council District 5). APPROVED 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. Comm. 138: COUNTY OF HAWAI‘I V. ROBERT NIGEL RICHARDS, ET. AL. CIV. NO. 05-1-015K From Corporation Counsel Lincoln S. T. Ashida, dated January 25, 2007. POSTPONED TO THE MARCH 21, 2007, COUNCIL MEETING Comm. 192: CLAIM AGAINST THE COUNTY/THE HARTFORD ON BEHALF OF HERBERT DAIMONJI From Deputy Corporation Counsel Harry P. Freitas, dated February 16, 2007. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 207: CLAIM AGAINST THE COUNTY/ATTORNEY STUART KODISH ON BEHALF OF PEGGYSUE KAHALIOUMI From Deputy Corporation Counsel Harry P. Freitas, dated February 22, 2007. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 208: CLAIM AGAINST THE COUNTY/ATTORNEY STUART KODISH ON BEHALF OF FRANCINE MARQUEZ From Deputy Corporation Counsel Harry P. Freitas, dated February 22, 2007. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 209: CLAIM AGAINST THE COUNTY/GEICO INSURANCE ON BEHALF OF AMALETA MARQUEZ From Deputy Corporation Counsel Harry P. Freitas, dated February 22, 2007. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 210: CLAIM AGAINST THE COUNTY/JAMES AND LOVENA SIMMONS From Deputy Corporation Counsel Harry P. Freitas, dated February 22, 2007. 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.) Hawai‘i County Council-7 Page 29 March 9, 2007 ANNOUNCEMENTS MONDAY, MARCH 19, 2007 COUNCIL PUBLIC 6:00 p.m. SHERATON KEAUHOU HEARING RE BAY RESORT AND SPA OPERATING AND CAPITAL BUDGETS (W. HAWAI‘I) TUESDAY, MARCH 20, 2007 COMMITTEES TBA COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor WEDNESDAY, MARCH 21, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM – HILO HEARING RE 333 Kīlauea Avenue OPERATING AND Ben Franklin Building CAPITAL BUDGETS Second Floor (E. HAWAI‘I) ADJOURNMENT 3:44 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 March 7, 2007. Persons using TDDs may call 961-8521. 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. Videoconferencing is available at the following locations:  Kona Council Office at the Kailua Trade Center; and  Waimea Council Office at the Holomua Center. If, for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue.  Videoconferencing from the Pāhoa Neighborhood Facility will not be available. Hawai‘i County Council-7 Page 30 March 9, 2007 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. For testimonies submitted by e-mail or fax, 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) Friday, March 16, 2007, at 6 p.m.; Sunday, March 18, 2007, at 10:30 a.m.; and Wednesday, March 21, 2007, at 6 p.m.