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HomeMy WebLinkAboutAGE COUNCIL 2007/02/22 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 6 Session ORDER OF BUSINESS Hawai‘i County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawai‘i Thursday, February 22, 2007 1:30 p.m. INVOCATION Senior Pastor James “Tex” Texeira of Solid Rock Ministries – Kona Council Chair Pete Hoffmann CALL TO ORDER 1:41 p.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-6 Page 2 February 22, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 1:30 P.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 97: NOMINATES ROSS WILSON, JR. (COUNCIL DISTRICT 8), TO THE WATER BOARD From Mayor Harry Kim, dated January 11, 2007, recommending the Council’s approval of the above nomination. Waived: PC FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Higa and Ikeda – 2. NOES: Council Members Ford, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 7. ABSENT & EXCUSED:None. ;and Comm. 97.2: From Planning Committee Chair K. Angel Pilago, dated February 8, 2007, requesting that this matter be waived to the Council. ORDER OF RESOLUTIONS Res. 34-07: 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 Parks and Recreation Transfer to Capital Project Fund-General (To be allotted to Park Improvement Projects – Council District 8, for the West Hawai‘i Veterans’ Cemetery). Discretionary funds from District 8 would be used for native dryland reforestation at the West Hawai‘i Veterans’ Cemetery and implementation of protective measures to address and mitigate damage to gravesites and native dryland forest caused by feral animals.} Re: Comm. 94 Intr. by: Mr. Pilago Approve: FC-26 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Hawai‘i County Council-6 Page 3 February 22, 2007 Res. 35-07: 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). Discretionary funds from District 8 would be used to assist the American Legion Kona Post 20 to defray costs of attending and facilitating funeral services and burial protocol for deceased veteran heroes in the Kona community.} Re: Comm. 95 Intr. by: Mr. Pilago Approve: FC-27 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Res. 37-07: Grants the Abandonment and Sale of Remnants at Ahualoa Homesteads, Ahualoa, District of Hāmākua, County and State of Hawai‘i, Being Portions of Tax Map Key: (3)4-6-009:008 and Kahana Drive. {Lot A (454 square feet) and Lot R-1 (9,892 square feet) are physically and economically unsuitable or undesirable for development or utilization as separate units by reason of their location, size, and shape. Pursuant with Section 2-118, Hawai‘i County Code, the Finance Director is authorized to sell the aforementioned lots to the adjoining property owners.} Re: Comm. 98 Intr. by: Ms. Ford Approve: PWIRC-1 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Res. 38-07: 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 Parks and Recreation Friends of the Park (North Kohala Veteran’s Memorial). Discretionary funds from District 9 would be used to purchase materials for the North Kohala Veteran’s Memorial at the Kohala Senior Center in North Kohala.} Re: Comm. 100 Intr. by: Mr. Hoffmann Approve: FC-28 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Hawai‘i County Council-6 Page 4 February 22, 2007 Res. 39-07: Urges Congress to Appropriate Funding for the Department of Defense to Implement Mandatory Testing for Depleted Uranium on All Returning Military Service Personnel from the Iraq and Afghanistan Wars and All Other Theaters Where Depleted Uranium Weapons Systems are Being Used. Re: Comm. 101 Intr. by: Mr. Jacobson Approve: PWIRC-2 ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: Council Member Ikeda – 1. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Res. 41-07: Urges Legislators to Support Publicly Funded Elections. Re: Comm. 103 Intr. by: Mr. Jacobson Negative: PWIRC-3 (Due to the vote of 4-ayes and 5-noes.) ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: Council Member Ikeda – 1. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Res. 44-07: Temporarily Delays Council Action on Rezoning Applications in the District of North Kohala Which Permit Transient Lodging Accommodations or Which Re- Designate Agricultural Land Into Zoning Districts with a Minimum Land Area Less Than Twenty (20) Acres in Size, Until the North Kohala Community Development Plan is Adopted by Ordinance, or Until February 22, 2008, Whichever Shall Occur First. Re: Comm. 112 Intr. by: Mr. Hoffmann Approve: PC-12 AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Hawai‘i County Council-6 Page 5 February 22, 2007 Res. 46-07: Encourages the Administration to Construct the Necessary Components of the West Hawai‘i Civic Center in a Fiscally Prudent Manner. {The construction of the West Hawai‘i Civic Center would focus on those components deemed necessary for the effective and efficient conduct of County business by the Public Works Department and would not include the play area, amphitheater, and museum until such time that the construction costs of these components become fiscally prudent.} Re: Comm. 120 Intr. by: Mr. Ikeda Negative: PWIRC-6 (Due to the vote of 3-ayes and 6-noes.) FILED DUE TO THE FOLLOWING VOTE: AYES: Council Member Ikeda – 1. NOES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. ABSENT & EXCUSED: Council Members Higa, Naeole, and Yoshimoto – 3. Res. 47-07: Relates to a Council Initiated Improvement District to Facilitate Construction of Permanent Improvements to the Kona Ocean View Properties Subdivision, at Pu‘ukala, North Kona, Hawai‘i, Including Improvement of the Water Distribution System to County Standards, in Accordance with Chapter 12 of the Hawai‘i County Code 1983 (2005 Edition, as Amended) Relating to Improvements by Assessments. {Initiates the establishment of a water system improvement district to facilitate the construction of permanent improvements and requests the Manager of the Water Supply Department to prepare a report to the Council pursuant to Hawai‘i County Code Chapter 12, Article 2, Section 12-10.} Re: Comm. 122 Intr. by: Mr. Pilago Approve: FC-31 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Res. 48-07: Authorizes the Receipt and Expenditure of the Young Men’s Christian Association (YMCA) Award of $16,000 for the Pāhoa Weed & Seed Program. {Funds would be used for a “Get High On Life” event at Pāhoa High and Intermediate schools and to expand it by increasing the number of providers of after-school activities as well as organizing similar events at Pāhoa Elementary School and at the local Charter Schools.} Re: Comm. 123 Intr. by: Mr. Yagong Approve: FC-32 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Hawai‘i County Council-6 Page 6 February 22, 2007 Res. 49-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawai‘i Department of the Attorney General, Pursuant to HRS 46-7, for a Statewide Sexual Assault Training Grant. {Funds would be used to coordinate a statewide training program aimed at improving the delivery of sexual assault services within the criminal justice system.} Re: Comm. 124 Intr. by: Mr. Yagong Approve: FC-34 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Res. 50-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for One D7 Bulldozer. {Enters into a five-year lease agreement with purchase options for the acquisition of a D7 Bulldozer for solid waste operations at the West Hawai‘i Landfill.} Re: Comm. 126 Intr. by: Mr. Yagong Approve: FC-37 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Res. 51-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for One Boom Truck. {Enters into a five-year lease agreement with purchase options for the acquisition of a boom truck for solid waste operations at the Kona Solid Waste Baseyard.} Re: Comm. 127 Intr. by: Mr. Yagong Approve: FC-38 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Hawai‘i County Council-6 Page 7 February 22, 2007 Res. 52-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for One D6 Bulldozer. {Enters into a five-year lease agreement with purchase options for the acquisition of a D6 Bulldozer for solid waste operations at the South Hilo Sanitary Landfill.} Re: Comm. 128 Intr. by: Mr. Yagong Approve: FC-39 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Res. 53-07: Authorizes the Abandonment and Disposition of a Roadway Reserve Situated at Wood Valley, Ka‘ū, Hawai‘i, Being a Portion of Tax Map Key:(3) 9-6-008-006. {Contains an area of 5,056 square feet with a fair market value of $5,000.} Re: Comm. 129 Intr. by: Mr. Yagong Approve: FC-40 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Res. 54-07: 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 9, in combination with funds provided by the United States Army, 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. 132 Intr. by: Mr. Hoffmann Approve: FC-48 ADOPTED: AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: None. ABSENT & EXCUSED:Council Members Higa, Naeole, and Yoshimoto – 3. Hawai‘i County Council-6 Page 8 February 22, 2007 Res. 55-07: Amends Resolution No. 4-06, Adopting Rules of Procedure and Organization of the Council of the County of Hawai‘i. {Proposes amendments to Rules 2, 16, 22, 27, 31, and 32.} Re: Comm. 134 Intr. by: Mr. Hoffmann Approve: PWIRC-7 ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Res. 57-07: 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 to Department of Parks and Recreation, Recreation Division Other Current Expense (Honomū Gym: Weight Room Repairs and Tables/Chairs/Pool Table) ($4,500), and Department of Parks and Recreation, Recreation Division Equipment (Honomū Gym: Fax Machine) ($500), for a total of $5,000. Discretionary funds from District 1 would be used towards funding weight room repairs, the purchase of folding tables and chairs, pool table, and fax machine at the Honomū Gym.} Re: Comm. 141 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Hawai‘i County Council-6 Page 9 February 22, 2007 Res. 62-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Recreation th Division Other Current Expense (14 Annual Biggest Easter Egg Hunt). Discretionary funds from District 4 would be used to help pay for prizes and th supplies associated with the “14 Annual Biggest Easter Egg Hunt” to be held on April 6, 2007, at Wong Stadium.} Re: Comm. 152 Intr. by: Mr. Higa Waived: FC ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Res. 63-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $25,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Transfer to Golf Course Fund (Golf Course Equipment – Two Tru Turf Roll and Slice). Discretionary funds from District 4 would be used to purchase two Tru Turf Roll & Slice (“rollers”) for maintenance of the Hilo Municipal Golf Course.} Re: Comm. 153 Intr. by: Mr. Higa Waived: FC ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. 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 TO MARCH 9, 2007, COUNCIL MEETING Hawai‘i County Council-6 Page 10 February 22, 2007 Res. 68-07: 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 Public Works, Transfer to Capital Projects Fund-General (New Street Light Installation Islandwide – to be allotted to Lakeland Street Light). Discretionary funds from District 1 would be used towards the installation of a street light on Makaloa Loop in the Lakeland Subdivision.} Re: Comm. 161 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Res. 71-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $11,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Transfer to Capital Project Fund General (Park Improvements in District 6 – to be allotted to Ho‘okena Pay Phone). Discretionary funds from District 6 would be used to install a pay phone at Ho‘okena Beach Park.} Re: Comm. 166 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Res. 77-07: Authorizes the Corporation Counsel, and His Authorized Representatives, to Enter Into an Agreement with the Individually Named Person, Who was a Former Employee of the County of Hawai‘i, to Represent Him in the Civil Action Entitled Vanessa Haldeman, et al. v. Ruth Golden, et al., Civil No. CV05-00810 DAE/KSC. Re: Comm. 75.1 Intr. by: Mr. Yagong (B/R) Waived: FC ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Hawai‘i County Council-6 Page 11 February 22, 2007 Res. 78-07: Authorizes the Corporation Counsel, and His Authorized Representatives, to Enter Into Agreements with the Individually Named Parties, Who are Employees of the County of Hawai‘i, to Represent Them in the Civil Action Entitled Matthew Martin, et al. v. Reed Mahuna, et al., Civil No. CV06-00640 DAE/KSC. Re: Comm. 54.1 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Res. 79-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawai‘i Department of Health, Pursuant to HRS 46-7, for the Healthy Aging Partnership – Empowering Elders Project. {Funds would be used to coordinate the mobilization of the public and private partnerships at the community level to implement and sustain the delivery of evidence-based prevention through an aging service provider organization.} Re: Comm. 184 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Res. 80-07: Amends Resolution No. 23-07 by Changing the Final Reporting Requirement of the County of Hawai‘i’s Coqui Frog Eradication and Control Program with the State of Hawai‘i Department of Agriculture. {Amends the date of the final report requirements from March 1, 2007, to May 1, 2007.} Re: Comm. 185 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. 3:00 P.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) Hawai‘i County Council-6 Page 12 February 22, 2007 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 2/3 Vote: Section 10-6(d), Hawai‘i County Charter POSTPONED TO MARCH 9, 2007, COUNCIL MEETING 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 Approve: PC-9 ST PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Hawai‘i County Council-6 Page 13 February 22, 2007 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 Approve: PC-10 ST PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. 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 Approve: PC-11 ST PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. 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 Approve: FC-29 ST PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Hawai‘i County Council-6 Page 14 February 22, 2007 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 Approve: FC-33 ST PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. 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 Approve: FC-35 ST PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. 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 2/3 Vote: Section 10-6(d), Hawai‘i County Charter POSTPONED TO MARCH 9, 2007, COUNCIL MEETING Hawai‘i County Council-6 Page 15 February 22, 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 Approve: FC-41 ST PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. 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 2/3 Vote: Section 10-6(d), Hawai‘i County Charter POSTPONED TO MARCH 9, 2007, COUNCIL MEETING Hawai‘i County Council-6 Page 16 February 22, 2007 Bill 37 Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of (Draft 3): 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: External Audit ($86,400), Clerk-Council Services Contingency Relief ($630,000), 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 ($6,605,000), Transfer to Solid Waste Fund ($168,538), Transfer to Golf Course Fund ($61,051), Transfer to Public Access/Open Space Preservation Fund ($1,600,000), and Transfer to Budget Stabilization Fund ($105,025), for a total of $11,049,514. Certifies an unappropriated balance of $11,049,514.76 in the General Fund fund balance as of June 30, 2006, and proposes to amend the Operating Budget with the requested appropriations by the departments/agencies, which are listed in this Communication.} Re: Comm. 131.3 Intr. by: Mr. Yagong Approve: FC-43 ;and Comm. 131.4: From Finance Director William Takaba, dated February 12, 2007, transmitting Bill 37, Draft 4. Draft 4 adds the following appropriations: Clerk-Council Services – Other Current Expense ($84,000), Elections Division Salaries and Wages ($2,000 for Overtime), Elections Division Other Current Expense ($4,000-Postage and Freight and $10,000-Electricity); and increases the appropriation to the Legislative – Contingency account (by $270,000); and reduces the appropriations to the Transfer to Capital Projects Fund (by $264,975) and the Transfer to Budget Stabilization Fund (by $105,025); and Hawai‘i County Council-6 Page 17 February 22, 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.} Intr. by: Mr. Yagong ST PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. 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 Approve: FC-44 ST PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Hawai‘i County Council-6 Page 18 February 22, 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 2/3 Vote: Section 10-6(d), Hawai‘i County Charter POSTPONED TO MARCH 9, 2007, COUNCIL MEETING 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 2/3 Vote: Section 10-6(d), Hawai‘i County Charter POSTPONED TO MARCH 9, 2007, COUNCIL MEETING 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 2/3 Vote: Section 10-6(d), Hawai‘i County Charter POSTPONED TO MARCH 9, 2007, COUNCIL MEETING Hawai‘i County Council-6 Page 19 February 22, 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 Waived: FC ST PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. 4:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 19 Amends Chapter 2, Article 42, Hawai‘i County Code 1983 (2005 Edition, as (Draft 3): Amended), Relating to the Public Access, Open Space, and Natural Resources Preservation Fund. {Provides for timing of deposits in a conservative interest- bearing account from two percent of Hawai‘i County real property taxes.} Re: Comm. 63.12 Intr. by: Ms. Ford st 1 Reading: February 7, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. 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 2/3 Vote: Section 10-6(d), Hawai‘i County Charter POSTPONED TO MARCH 9, 2007, COUNCIL MEETING Hawai‘i County Council-6 Page 20 February 22, 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) st 1 Reading: February 7, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter POSTPONED TO MARCH 9, 2007, COUNCIL MEETING 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 st 1 Reading: February 7, 2007 ;and Comm. 135.1: From Council Member J Yoshimoto, dated February 2, 2007, transmitting Bill 42, Draft 2. Draft 2 amends prefatory language in Section 4 to clarify that the bill adds a new facility (William Charles Lunalilo Playground) to the Kona facilities schedule; and Bill 42 Names a County Recreational Facility (TMK:(3)7-5-041:052) Pursuant to (Draft 2): Chapter 15, Hawai‘i County Code 1983 (2005 Edition, as Amended). Intr. by: Mr. Yoshimoto ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. Hawai‘i County Council-6 Page 21 February 22, 2007 Bill 151 Amends Chapter 20, of the Hawai‘i County Code 1983 (2005 Edition), Relating to (Draft 3) Littering and Refuse Disposal. {Amends the “penalty” section to strengthen (2004-2006): enforcement of illegal dumping.} Re: Comm. 59.1 Intr. by: Mr. Jacobson st 1 Reading: February 7, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: None. ABSENT & EXCUSED:Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. 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, and February 7, 2007 POSTPONED TO MARCH 9, 2007, COUNCIL MEETING (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 July 31 and August 31, 2006. ACCEPTED PWIRC-4 Recommends approval of the nomination of Mr. John J. Fernandez (Council (Comm. 106): District 9) to the Transportation Commission. APPROVED PWIRC-5 Recommends approval of the nomination of Ms. Elizabeth J. Hultman-Salfen (Comm. 106): (Council District 9) to the Transportation Commission. APPROVED FC-30 Recommends approval of the nomination of Mr. John E. Dill (Council (Comm. 109): District 1) to the Board of Ethics. APPROVED PC-7 Recommends approval of the nomination of Mr. Takashi Domingo (Council (Comm. 107): District 1) to the Planning Commission. APPROVED Hawai‘i County Council-6 Page 22 February 22, 2007 PC-8 Recommends approval of the nomination of Mr. Rell M. Woodward (Council (Comm. 107): District 6) to the Planning Commission. 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. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS 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 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 Hawai‘i County Council-6 Page 23 February 22, 2007 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 5:40 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 20, 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:  Hilo Council Office at the Ben Franklin Building, Second Floor; 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. 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 Hawai‘i County Council-6 Page 24 February 22, 2007 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 28, 2007, at 6 p.m.; Sunday, March 4, 2007, at 10:30 a.m.; and Wednesday, March 7, 2007, at 6 p.m.