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HomeMy WebLinkAboutAGE COUNCIL 2007/05/02 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 11 Session ORDER OF BUSINESS Hawai‘i County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawai‘i Wednesday, May 2, 2007 9:00 a.m. INVOCATION Pastor Keith Elliot of Kona Church of God CALL TO ORDER 9:01 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-11 Page 2 May 2, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 107-05 Modifies the Special Fuel Tax Program. {Resets the fuel tax amount to zero for (2004-2006): biodiesel fuel.} Re: Comm. 292 Intr. by: Mr. Jacobson File: FC-94 FILED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. (Note: Subsequent Resolution 109-07 replaces this resolution, therefore, the recommendation to file this measure.) Res. 109-07: Modifies the Special Fuel Tax Program. {Sets the fuel tax amount at zero cents for biodiesel fuels containing 20 percent or greater by volume of biodiesel.} Re: Comm. 261 Intr. by: Mr. Jacobson Approve: FC-95 PUBLIC HEARING TO BE HELD (Note: Pursuant to Section 243-5, Hawai‘i Revised Statutes, no resolution shall be adopted until the Council conducts a public hearing on the amount of tax proposed. Public notice of the hearing shall be given at least twice within a period of 30 days immediately preceding the date of hearing.) Hawai‘i County Council-11 Page 3 May 2, 2007 Res. 129-07: Creates an Election Clerk II Position for the Office of the County Clerk-Elections Division. {This position would provide for the expansion of services to West Hawai‘i, South Kohala, Ka‘ū, and Puna and aid in the anticipated increased work level.} Re: Comm. 284 Intr. by: Mr. Hoffmann Approve: FC-89 ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 130-07: Requests that the Department of Environmental Management Revise the County’s Updated Integrated Solid Waste Management Plan to Include Construction of a New East Hawai‘i Landfill on 40 Acres of County-Leased Land Situate at Tax Map Key Parcel (3)2-1-13:142, in Waiakea, South Hilo, Hawai‘i. Re: Comm. 287 Intr. by: Mr. Yagong Approve: EMC-5 AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 133-07: Accepts the Donation of Parking and Restroom Facilities at Wai‘aha 1st, District of North Kona, County and State of Hawai‘i, from Sunstone Realty Partners X LLC. {Accepts the parking stalls and restroom facilities along the mauka side of Ali‘i Drive on the County’s Wai‘aha sewage pump station site to accommodate the public’s use of Wai‘aha Bay.} Re: Comm. 292 Intr. by: Mr. Yoshimoto Approve: PSPRC-4 ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Hawai‘i County Council-11 Page 4 May 2, 2007 Res. 134-07: Authorizes the Mayor, Department of Research and Development, and Designated Council Member to Coordinate with an Established Hawai‘i Island Pig Hunters Association to Formulate a One-Year Pilot Program to Trap Invasive Feral Pig Populations in Hawai‘i Island Residential Communities and Agricultural Farm Lots. {Recommends a $100,000 appropriation for the Department of Research and Development to administer this one-year pilot program beginning July 1, 2007, and ending on June 30, 2008.} Re: Comm. 295 Intr. by: Mr. Yagong Approve: HSEDC-2 HELD OVER PURSUANT TO COUNCIL RULE 26(E) Res. 138-07: Accepts the Dedication of Kukuna Street and Hane Street, in O‘oma Plantation, Being Tax Map Key: (3)7-3-007:080, Situate at O‘oma, in the District of North Kona, County and State of Hawai‘i, from O‘oma, LLC. {Accepts Kukuna and Hane Streets, including all improvements, for public road and drainage purposes.} Re: Comm. 304 Intr. by: Ms. Ford Approve: PWIRC-15 POSTPONED TO MAY 16, 2007, COUNCIL MEETING Res. 139-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for a Multi-Year Lease (5 years) of Two Copiers for the Office of the County Clerk and Legislative Auditor’s Office. {The current copier in the Office of the County Clerk was leased over eight years ago, has numerous breakdowns, and the downtime exceeds the machine’s efficiency; and the Legislative Auditor’s office has moved to a new location and will be in need of their own copy machine.} Re: Comm. 308 Intr. by: Mr. Hoffmann Approve: FC-91 AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 140-07: Grants KOYO USA Corp’s Application for a Variance from Chapter 3, Section 3-11(a), Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to the Sign Code. {Their physical location and the nature of their business require installation of a sign that exceeds the 150 square foot maximum size wall sign presently allowed.} Re: Comm. 309 Intr. by: Ms. Ford Negative: PWIRC-16 FILED DUE TO THE FOLLOWING VOTE: AYES: None. Hawai‘i County Council-11 Page 5 May 2, 2007 NOES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 162-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $9,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Police Department/Animal Control Humane Society (AdvoCATS, Inc. – neuter program). Discretionary funds from District 7 would be used as a grant towards AdvoCATS, Inc., to neuter feral cats and defray some of the costs and expenses associated with the program.} Re: Comm. 339 Intr. by: Ms. Ford Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 163-07: 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 Police Department Kona Police Other Current Expense (Captain Cook Police Station Remodeling Project). Discretionary funds from District 7 would be used for the Captain Cook Police Station’s remodeling project.} Re: Comm. 340 Intr. by: Ms. Ford Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Hawai‘i County Council-11 Page 6 May 2, 2007 Res. 164-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $28,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Fire Department Fire Protection Other Current Expense (Waiākea Rescue Boat). Discretionary funds from District 4 would be used for repairs and modifications to the rescue boat assigned to the Waiākea Fire Station and for retrofitting and standardizing the kitchen by installing two gas ranges.} Re: Comm. 341 Intr. by: Mr. Higa Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 166-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,890 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Elderly Activities Division Special Program Equipment (Hawai‘i State Senior Citizens Softball Tournament) ($1,800 to Miscellaneous Equipment, and $1,090 to Miscellaneous Charges). Discretionary funds from District 9 would be used towards costs associated with hosting the 2007 Hawai‘i State Senior Citizens Softball Tournament at Kailua Park.} Re: Comm. 345 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Hawai‘i County Council-11 Page 7 May 2, 2007 Res. 167-07: 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 Clerk-Council Services – Contingency Relief account; credits same to Department of Public Works Transfer to Capital Projects Fund-General (to be allotted to New Streetlight Installation – Islandwide, Waimea Energy Efficient Streetlights). Discretionary funds from District 9 would be used to retrofit 40 streetlights in Waimea town with energy- efficient light fixtures.} Re: Comm. 346 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 168-07: 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 Research and Development Tourism Promotion, Miscellaneous Contract Services (The Great Waiomina Centennial Celebration). Discretionary funds from District 9 would be used as a grant to the Paniolo Preservation Society to help fund “The Great Waiomina Centennial Celebration”, a statewide festival consisting of art, music, cultural, and culinary events focused around the paniolo theme, as well as to defray some of the costs and expenses associated with these events.} Re: Comm. 347 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Hawai‘i County Council-11 Page 8 May 2, 2007 Res. 174-07: 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 Parks and Recreation Elderly Activities Division Recreation Equipment (Kea‘au Community Center Equipment). Discretionary funds from District 3 would be used for the purchase of a computer and scanner for the Kea‘au Community Center.} Re: Comm. 357 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 175-07: 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 Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Projects Fund-General (to be allotted to Waiākea Recreation Center Roof Replacement project in District 4. Discretionary funds from District 4 would be used towards the purchase of roofing material, supplies, and paint for the Waiākea Recreational Center.} Re: Comm. 359 Intr. by: Mr. Higa Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Hawai‘i County Council-11 Page 9 May 2, 2007 Res. 176-07: 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 Liquor Control Public Programs, Miscellaneous Contract Services (Haloa Inc. for Pana‘ewa Family Center). Discretionary funds from District 4 would be used as a grant towards the Pana‘ewa Family Center for the purchase of educational supplies.} Re: Comm. 360 Intr. by: Mr. Higa Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Res. 177-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,500 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (2008 Hui Okinawa Haari Boat Race). Discretionary funds from District 4 would be used as a grant towards the 2008 Hui Okinawa Haari Boat Race event.} Re: Comm. 361 Intr. by: Mr. Higa Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-11 Page 10 May 2, 2007 Res. 178-07: 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 Culture and Arts Other Current Expense – Miscellaneous Services Contract (Ho‘okani Pila). Discretionary funds from District 2 would be used to help defray costs for Ho‘okani Pila to participate in the 2007 ‘Ukulele Festival on O‘ahu.} Re: Comm. 363 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 179-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $24,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (Hawai‘i Island Visitors Bureau (HIVB) Japanese Marketing Promotion). Discretionary funds from District 2 would be used as a grant towards HIVB for the Japanese Marketing Promotion.} Re: Comm. 364 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-11 Page 11 May 2, 2007 Res. 180-07: 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 Parks and Recreation, Recreation Division Equipment (Pi‘ihonua Gym/Carvalho Park Computer). Discretionary funds from District 2 would be used towards the purchase of a computer and related supplies for the Pi‘ihonua Gym/Carvalho Park.} Re: Comm. 365 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 181-07: Amends Resolution No. 537-06, Relating to Transferring/Appropriating an Appropriation Out and From the Designated Fund Account(s) and Crediting Same to a Designated Fund Account(s). {Discretionary funds from District 8 originally appropriated in Resolution 537-06 (2004-2006 term) for $10,000 would be used as a grant to fund a media campaign in West Hawai‘i to promote domestic violence awareness and education in recognition of “Domestic Violence Awareness Month.”} Re: Comm. 366 Intr. by: Mr. Pilago Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-11 Page 12 May 2, 2007 Res. 182-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $23,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Park Maintenance Equipment Miscellaneous Equipment (Kailua Park – Purchase of Trailer). Discretionary funds from District 8 would be used to purchase a trailer for the Kailua Park to transport heavy equipment.} Re: Comm. 371 Intr. by: Mr. Pilago Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 183-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $23,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development Tourism Promotion – Miscellaneous Contract Services (The Kohala Center). Discretionary funds from District 7 would be used as a grant towards the Kohala Center to educate residents and visitors and to restore Kahalu‘u Park.} Re: Comm. 372 Intr. by: Ms. Ford Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) AND ORDER OF THE DAY (SECOND OR FINAL READING) Hawai‘i County Council-11 Page 13 May 2, 2007 BILLS FOR ORDINANCES (FIRST READING) Bill 81 Adopts a Pay Plan for Persons Employed by the County Other Than Those Whose (Draft 2): Pay is Otherwise Provided for, Designates Payroll Periods, Pay Days, Prescribes Requirements with Respect to Official Fidelity Bonds, and Repeals Ordinance No. 06-83 and All Amendments Thereto, Said Ordinance to be Known as the Salary Ordinance of 2007. Re: Comm. 305.1 Intr. by: Mr. Yagong Approve: FC-90 ; and Comm. 305.2: From County Clerk Casey Jarman, dated April 23, 2007, transmitting Bill 81, Draft 3. Draft 3 increases the salary and wages for pay grades and provides for a new position pertaining to the Council’s office, which are listed in this communication; and Bill 81 Adopts a Pay Plan for Persons Employed by the County Other Than Those Whose (Draft 3): Pay is Otherwise Provided for, Designates Payroll Periods, Pay Days, Prescribes Requirements with Respect to Official Fidelity Bonds, and Repeals Ordinance No. 06-83 and All Amendments Thereto, Said Ordinance to be Known as the Salary Ordinance of 2007. Intr. by: Mr. Hoffmann ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 91: 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: District 2, South Hilo Road and Traffic Safety Improvements ($100,000); funds shall be provided from Clerk-Council Services Contingency Relief ($100,000). Funds would be used for road and traffic safety improvements in District 2, which may include streetlights, smart signs, traffic calming devices, guard rails, and other necessary and appropriate improvements.} Re: Comm. 362 Intr. by: Mr. Ikeda Waived: FC 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-11 Page 14 May 2, 2007 Bill 92: 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 (E911) Fees ($400,000); appropriates same to Wireless E911. Funds would be used for approved purchases relating to the provision of technical functionality for Wireless E911 service.} Re: Comm. 367 Intr. by: Mr. Yagong Waived: FC ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 93: 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 Housing Voucher Program ($600,000); appropriates same to Voucher Rental Subsidies. Funds would be used for payment of rental assistance for eligible participants of the Office of Housing and Community Development’s Housing Voucher Program.} Re: Comm. 368 Intr. by: Mr. Yagong Waived: FC ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 94: 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 Occupant Protection Program ($9,000); appropriates same to Occupant Protection Program. Funds would be used to reduce the fatalities and injuries to front and rear seat occupants aged 17 and under, of motor vehicle collisions by increasing the usage rate of seat belts.} Re: Comm. 369 Intr. by: Mr. Yagong Waived: FC ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-11 Page 15 May 2, 2007 Bill 95: 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 the following: Fund Balance from Prior Year – Designated ($331,626.56) and Contributions from Private Source ($23,128), for a total of $354,754.56; appropriates to the following: Manini‘owali Project ($2.30), Pualani Estates ($4.33), Ali‘i Cove ($1.96), Kohala Ranch Project IV ($292,067.99), Luala‘i at Parker Ranch Phase II ($39,549.88), and Wainani Estates Subdivision Phase I ($23,128), for a total of $354,754.56. Funds are “in lieu” fees received from Kohala Ranch, LLC; Parker Ranch; and Wainani 42, LLC, as well as interest income and would be maintained separately and expended in accordance with requirements of their respective housing agreements.} Re: Comm. 370 Intr. by: Mr. Yagong Waived: FC ST AMENDED TO DRAFT 2 & PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 318 Ordinance Amending Chapter 25, Article 2, Division 4, Section 25-2-44, Hawai‘i (2004-2006): County Code 1983 (2005 Edition) Relating to Conditions on Change of Zone. {Adds requirements to existing provisions within the Zoning Code relating to conditions on change of zone ordinances regarding water supply improvements or strategies as specified by the Department of Water Supply as well as transportation improvements or strategies to accommodate the impacts of development on transportation facilities; the above be made concurrent with development associated with any change of zone in order to manage growth and coordinate the delivery of government services in the County.} Re: Comm. 998 Intr. by: Mr. Hoffmann Pursuant to Section 25-2-43, Hawai‘i County Code, recommends to commit to Planning Director and Planning Commission: PC-106 Recommendation to commit failed due to the vote of 3-ayes and 6-noes: September 7, 2006 Pending motion to Reconsider Bill 318 by Ms. Isbell and duly seconded by Mr. Safarik: September 20, 2006 Commits Bill 318 to the Planning Director and Planning Commission: October 16, 2006 Recommits Bill 318 to Hawai‘i County Council-11 Page 16 May 2, 2007 the Planning Department and Planning Commission: February 21, 2007 (Planning Committee) Postponed: April 18, 2007 ST AMENDED TO DRAFT 2 & PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yagong, and Chair Hoffmann – 5. NOES: Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4. ABSENT: None. EXCUSED: None. (Note: There is a pending motion by Mr. Jacobson and duly seconded by Mr. Yagong to approve Bill 318; a pending motion by Mr. Jacobson and duly seconded by Mr. Yagong to amend Bill 318 with Communication 307; and a pending motion by Mr. Hoffmann and duly seconded by Ms. Naeole to further amend with Communication 307.1.) ; and Comm. 307: From Mayor Harry Kim, dated April 3, 2007, transmitting for Council’s consideration and action the Planning Commission’s letters and enclosures relating to Bill 318. The Planning Commission transmits an unfavorable recommendation to Bill 318 and a favorable recommendation to the Planning Director’s proposed modifications to Bill 318, for reasons which are listed in this communication as well as the proposed modifications to this bill; and Comm. 307.1: From Council Chair Pete Hoffmann, dated April 11, 2007, transmitting proposed amendments (which are listed in this communication) to the Planning Director’s proposed modifications to Bill 318. Bill 326 Amends Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (Draft 2) (2005 Edition, as Amended), Relating to a University District. {Adds a new (2004-2006): definition of “University” to Section 25-1-5 and a new division entitled “UNV, University District” to Article 7, “Special District Regulations”.} Re: Comm. 155.1 Intr. by: Mr. Higa Approve: PC-27 ST PASSED 1 READING: AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: Council Member Ford – 1. ABSENT: None. EXCUSED: None. Hawai‘i County Council-11 Page 17 May 2, 2007 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 156 Amends Chapter 11 (Housing), Article 1, Section 11-4(d), Hawai‘i County Code (Draft 5) 1983 (2005 Edition), to Include Affordable Housing Requirements for Industrial (2004-2006): 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; and rezonings to ML, MG, or MCX, approved after the effective date of this ordinance with a potential to generate more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created.} Re: Comm. 200.30 Intr. by: Mr. Yoshimoto Postponed: November 9 and December 7, 2005 st 1 Reading: March 9, 2007 Held Over Pursuant to Council Rule 26(e): March 21, April 4 and 18, 2007 FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Ford, Jacobson, Pilago, and Chair Hoffmann – 4. NOES: Council Members Higa, Ikeda, Naeole, Yagong, and Yoshimoto – 5. ABSENT: None. EXCUSED: None. Note: There is a pending motion by Mr. Hoffmann and duly seconded by Mr. Jacobson to approve Bill 156, as amended.) Bill 75: Planning Director Initiated Amends the Hawai‘i County General Plan, as Adopted by Ordinance No. 05 25, Relating to General Plan Amendment Procedures. {The Planning Director’s proposed changes to Sections 16.1, 16.2, and 16.3 of Ordinance 05-25, Hawai‘i County General Plan, are as follows: 1. Amends Section 16.1 (Comprehensive Review) to require that the Planning Director submit recommended comprehensive amendments to the Council not more than 10 years after the adoption of previous comprehensive amendments, establish a deadline for Council-initiated amendments, submit recommendations to the Planning Commission, and notify property owners of amendments re-designating property to Open or Conservation not less than 21 days before the first Commission hearing. Within 150 days of receipt of the Director’s recommendations, the Commission shall submit its recommendations to the Council, after which the Council shall adopt an amended General Plan, provided that any modifications which substantially change the general intent or subject matter of a proposed amendment shall be processed as a new interim amendment; and 2. Amends Section 16.2 (Interim Amendments) to require the following: (a) In Council-initiated interim amendments, the Director shall submit recommendations to the Commission within 60 days of receipt and comply with the foregoing property owner notification requirement; the Hawai‘i County Council-11 Page 18 May 2, 2007 Commission shall consider proposed amendments at no less than two meetings and make its recommendations to the Council within 60 days of receipt, and the Council may make modifications within the general intent and subject matter of the proposed amendments provided that any substantial change shall be processed as a new interim amendment; (b) in Director-initiated interim amendments, the Director shall submit recommendations to the Commission and comply with the foregoing property owner notification requirement; the Commission shall submit its recommendations to the Council within 120 days of receipt, and the Council may make modifications within the general intent and subject matter of the proposed amendments provided that any substantial change shall be processed as a new interim amendment; and (c) in applications for interim amendments filed by the general public, a Director-initiated amendment shall be processed in accordance with the foregoing procedures, and if the Director rejects such application, the Council may initiate the proposed amendment at any time, except during the comprehensive review process, in accordance with the foregoing procedures; and 3. Amends Section 16.3 (Rules and Regulations), which authorizes the Planning Director and Planning Commission to promulgate rules and regulations to implement the amendment procedures.} Re: Comm. 181.1 Intr. by: Mr. Pilago st 1 Reading: April 18, 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 76: 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 – 10 Acre (A-10a) to Family Agricultural – 3 Acre (FA-3a) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-4-065:034 (approx. 10 acres). {Michael and Nina Tanabe, Applicant.} Re: Comm. 256 Intr. by: Mr. Pilago st 1 Reading: April 18, 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-11 Page 19 May 2, 2007 Bill 77: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2007. {Increases revenues in State Grants – Product Development Program ($100,000); appropriates same to Product Development Program-State. Funds would be used to support additional tourism product offerings on Hawai‘i Island, which do not generally fit in the County Product Enrichment Program.} Re: Comm. 260 Intr. by: Mr. Yagong st 1 Reading: April 18, 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 84: 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 Retained Earnings from Previous Year ($110,000); appropriates to the following: Ouli Ekahi Project Expense ($50,000) and Ouli Ekahi Lease Payment ($60,000), for a total of $110,000. Funds would be used for operating expenditures created by a lack of maintenance to project cottages over an extended period of time and to cover higher lease payments.} Re: Comm. 315 Intr. by: Mr. Yagong st 1 Reading: April 18, 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-11 Page 20 May 2, 2007 Bill 85: 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 the following: Federal – 2007 HOME Program ($995,756) and HOME – Program Income ($49,862.21), for a total of $1,045,618.21; appropriates to the following: Ainakea Senior Residences – Hawai‘i Island Community Development Corporation ($624,583), Kaloko Transitional Housing Project ($325,279.21), American Dream Downpayment Initiative ($10,756), and Office of Housing and Community Development Administration ($85,000), for a total of $1,045,618.21.} Re: Comm. 317 Intr. by: Mr. Hoffmann st 1 Reading: April 18, 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 86: 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 the following: Federal – 2007 Block Grant ($2,438,491) and Block Grant – Program Income ($210,047.50), for a total of $2,648,538.50; appropriates to the following: Removal of Architectural Barriers – Americans with Disabilities Act Compliance – Various County Facilities ($1,413,354), Hāmākua Health Center Mobile Dental Van – Acquisition ($310,000), Residential Emergency Repair Program ($300,000), Pāhoa Household Hazardous Waste Collection Event ($50,000), Child and Family Service Hale ‘Ohana Domestic Abuse Shelter – Renovations ($274,350), and Administration, Planning and Fair Housing ($300,834.50), for a total of $2,648,538.50.} Re: Comm. 318 Intr. by: Mr. Hoffmann st 1 Reading: April 18, 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. REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ending February 28, 2007. ACCEPTED FC-87 Recommends approval of the nomination of Ms. Kim R. Garcia (Council (Comm. 285): District 7) to the Public Access, Open Space and Natural Resources Preservation Commission. APPROVED Hawai‘i County Council-11 Page 21 May 2, 2007 FC-88 Recommends approval of the nomination of Ms. Margarita Ignacio (Council (Comm. 286): District 5) to the Salary Commission. FILED 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: March 9, 21, April 4 and 18, 2007 CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL ;and Comm. 138.1: From Corporation Counsel Lincoln S. T. Ashida, dated March 9, 2007, requesting st this matter be deferred to the March 21 Council meeting; and Comm. 138.2: From Deputy Corporation Counsel Harry P. Freitas, dated March 29, 2007, th requesting this matter be deferred to the April 18 Council meeting; and Comm. 138.3: From Deputy Corporation Counsel Joseph K. Kamelamela, dated April 19, 2007, nd requesting this matter be deferred to the May 2 Council meeting. Comm. 296.1: THE ATTORNEY-CLIENT PRIVILEGE, OUR ENTRY NO.: WRK 03-6524 From Corporation Counsel Lincoln S. T. Ashida, dated 25, 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.) ANNOUNCEMENTS TUESDAY, MAY 15, 2007 COMMITTEES TBA COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor COUNCIL PUBLIC 5:00 p.m. HEARING RE REAL PROPERTY TAX RATES – HILO Hawai‘i County Council-11 Page 22 May 2, 2007 WEDNESDAY, MAY 16, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor THURSDAY, MAY 17, 2007 COUNCIL PUBLIC 6:00 p.m. SHERATON KEAUHOU HEARING RE REAL BAY RESORT & SPA PROPERTY TAX RATES – KONA THURSDAY, MAY 31, 2007 COMMITTEES TBA COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor FRIDAY, JUNE 1, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor ADJOURNMENT 2:56 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 April 30, 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 Room at the Ben Franklin Building, Second Floor; and  Waimea Council Office at the Holomua Center. If, for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue.  Videoconferencing from the 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 Hawai‘i County Council-11 Page 23 May 2, 2007 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) Wednesday, May 9, 2007, at 6 p.m.; Sunday, May 13, 2007, at 10:30 a.m.; and Wednesday, May 16, 2007, at 6 p.m.