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HomeMy WebLinkAboutAGE COUNCIL 2007/04/18 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 10 Session ORDER OF BUSINESS Hawai‘i County Council 333 Kīlauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawai‘i Wednesday, April 18, 2007 9:00 a.m. INVOCATION Pastor Kana Shimasaki of Hilo United Methodist Church CALL TO ORDER ROLL CALL 9:08 a.m. 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-10 Page 2 April 18, 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. 102-07: Amends Resolution No. 55-07, Adopting Rules of Procedure and Organization of the Council of the County of Hawai‘i. {Proposed amendments are to Rule Nos. 17 (Reconsideration), 30 (Deputy County Clerk), 31 (Legislative Research Branch), and 32 (Legislative Auditor.} Re: Comm. 242 Intr. by: Mr. Hoffmann Approve: PWIRC-14 AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. ;and Comm. 242.1: From Council Member Stacy Higa, dated March 20, 2007, transmitting proposed amendments relating to Rule No. 17 (Reconsideration). Res. 113-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,200 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development Hawai‘i County Resource Center Miscellaneous Contract Services (Community Enterprises – Kailua-Kona Town Meetings). Discretionary funds from District 8 would be used as a grant towards Community Enterprises town meetings to defray some of the costs and expenses.} Re: Comm. 265 Intr. by: Mr. Pilago Approve: FC-86 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-10 Page 3 April 18, 2007 Res. 125-07: 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 Liquor Control Public Programs (Na Ma Kaholo/Kulu Kumu Hana). Discretionary funds from District 5 would be used as a grant towards Na Ma Kaholo for the Kulu Kumu Hana program.} Re: Comm. 280 Intr. by: Ms. Naeole 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. 132-07: 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 Liquor Control Public Programs (Hilo Computer Assisted Learning Center). Discretionary funds from District 1 would be used as a grant towards the Hilo Computer Assisted Learning Center which provides programs for adult literacy.} Re: Comm. 290 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-10 Page 4 April 18, 2007 Res. 135-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,600 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Liquor Control Public Programs (Friends of the Children’s Justice Center of East Hawai‘i). Discretionary funds from District 3 would be used as a grant for Friends of the Children’s Justice Center of East Hawai‘i to research and develop abuse prevention education and counseling programs for middle and high school students.} Re: Comm. 298 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 136-07: 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 Liquor Control Public Programs (Boys and Girls Club of the Big Island). Discretionary funds from District 3 would be used as a grant towards the Boys and Girls Club of the Big Island’s Skills Mastery and Resistance Training Moves program in Kea‘au.} Re: Comm. 299 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-10 Page 5 April 18, 2007 Res. 137-07: 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 Liquor Control Public Programs (Hilo Computer Assisted Learning Center). Discretionary funds from District 3 would be used as a grant towards the Hilo Computer Assisted Learning Center to improve and enhance the adult literacy program.} Re: Comm. 300 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 141-07: 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 Liquor Control Public Programs (Hilo Computer Assisted Learning Center). Discretionary funds from District 8 would be used as a grant towards the adult literacy program conducted at the Hilo Computer Assisted Learning Center.} Re: Comm. 310 Intr. by: Mr. Pilago Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. Hawai‘i County Council-10 Page 6 April 18, 2007 Res. 142-07: 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 Research and Development Tourism Promotion (Second Annual PowWow). Discretionary funds from District 6 would be used as a grant to support the Second Annual Hilo Inter-Tribal PowWow.} Re: Comm. 311 Intr. by: Mr. Jacobson 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. 143-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,900 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Culture and th Arts, Class/Activities (4 of July Fest). Discretionary funds from District 4 would th be used towards the annual 4 of July Fest.} Re: Comm. 312 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. Res. 144-07: 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 Research and Development New Industry and Industrial Development (People Out Supporting Hilo). Discretionary funds from District 4 would be used as a grant towards the People Out Supporting Hilo.} Re: Comm. 313 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-10 Page 7 April 18, 2007 Res. 145-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development Hawai‘i County Resource Center, Miscellaneous Contract Services (Community Enterprises). Discretionary funds from District 7 would be used as a grant towards Community Enterprises.} Re: Comm. 314 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. Res. 146-07: 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 Research and Development Tourism Promotion (Honoka‘a Western Weekend). Discretionary funds from District 1 would be used as a grant towards the annual Honoka‘a Western Weekend celebration to be held on May 18 through 20, 2007.} Re: Comm. 316 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-10 Page 8 April 18, 2007 Res. 147-07: Authorizes the Mayor of the County of Hawai‘i to Execute and Submit the 2007 Action Plan and All Other Related Documents to the United States Department of Housing and Urban Development for the 2007 Community Development Block Grant and to the State’s Hawai‘i Housing Finance and Development Corporation for the HOME Investment Partnerships and American Dream Downpayment Initiative Programs. Re: Comm. 319 Intr. by: Mr. Hoffmann Approve: CHA – April 3, 2007 ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. Res. 148-07: 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 Human Resources Training Expenses, Miscellaneous Contract Services for Seminars (2007 Annual Clerical Conference). Discretionary funds from District 2 would be used towards expenses incurred by the 2007 Clerical Conference to be held on June 9, 2007, at Aunty Sally’s Luau Hale ( Hilo).} Re: Comm. 320 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. Hawai‘i County Council-10 Page 9 April 18, 2007 Res. 149-07: 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 (Pu‘u‘eo Computer). Discretionary funds from District 2 would be used towards the purchase of a computer and related supplies for the Pu‘u‘eo Community Center.} Re: Comm. 321 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. Res. 150-07: 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 (PowerPoint Equipment). Discretionary funds from District 2 would be used to purchase a PowerPoint projector, screen, and related equipment to be used at the Kamanā Senior Center, Pōmaika‘i Senior Center, and for East Hawai‘i senior events (for classes, presentations, demonstrations, and other activities).} Re: Comm. 322 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. Hawai‘i County Council-10 Page 10 April 18, 2007 Res. 151-07: 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 Human Resources Training Expenses (2007 County Office Support Staff Conference). Discretionary funds from District 3 would be used towards the 2007 County Office Support Staff Conference to be held at Aunty Sally’s Lū‘au Hale in Hilo on June 7, 2007.} Re: Comm. 323 Intr. by: Mr. Yoshimoto Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. Res. 152-07: 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 Human Resources Training Expenses (2007 County Office Support Staff Conference). Discretionary funds from District 5 would be used towards the 2007 County Office Staff Conference to be held at Aunty Sally’s Luau Hale in Hilo on June 7, 2007.} Re: Comm. 324 Intr. by: Ms. Naeole 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-10 Page 11 April 18, 2007 Res. 153-07: 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 Prosecuting Attorney’s Office Kona Prosecuting Attorney Other Current Expense (Turning Point for Families, Inc.). Discretionary funds from District 7 would be used as a grant towards Turning Point for Families for victims of domestic violence.} Re: Comm. 325 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. Res. 154-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $12,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Prosecuting Attorney’s Office Kona Prosecuting Attorney Office (Aloha Performing Arts Company). Discretionary funds from District 7 would be used as a grant towards the Aloha Performing Arts Company who support programs for teens and residents in the arts by presenting performances in theater, dance, and voice.} Re: Comm. 326 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. Hawai‘i County Council-10 Page 12 April 18, 2007 Res. 155-07: 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 New Industry and Industrial Development, Miscellaneous Contract Services (ARC of Kona). Discretionary funds from District 7 would be used as a grant towards ARC of Kona to produce two training videos for residents and staff.} Re: Comm. 327 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. Res. 156-07: 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 New Industry and Industrial Development (American Red Cross). Discretionary funds from District 7 would be used as a grant towards the American Red Cross for disaster services.} Re: Comm. 328 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. Hawai‘i County Council-10 Page 13 April 18, 2007 Res. 159-07: Authorizes the Acceptance of a Monetary Gift of Three Thousand Six Hundred Sixty One Dollars and Five Cents ($3,661.05) from the Gregg Malkin Memorial Fund to the Hawai‘i Fire Department. {Funds would be used for the purchase of thermal gear for the Department’s rescue team.} Re: Comm. 334 Intr. by: Mr. Yagong Waived: FC ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. (Note: This resolution replaces Resolution 96-07 adopted at the Council’s th April 4 meeting, which contains an inadvertent error regarding the site of the accident. Finance Director William Takaba requests Resolution 96-07 be reconsidered, which is currently listed under “Other Business” of this agenda.) 10:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) 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 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 Hawai‘i County Council-10 Page 14 April 18, 2007 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 Approve: PC-25 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 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 Approve: PC-26 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-10 Page 15 April 18, 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 Approve: FC-85 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 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 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-10 Page 16 April 18, 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 Approve: CHA – April 3, 2007 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 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 Approve: CHA – April 3, 2007 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-10 Page 17 April 18, 2007 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 the Planning Department and Planning Commission: February 21, 2007 (Planning Committee) POSTPONED TO MAY 2, 2007, COUNCIL MEETING ; 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. 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) Hawai‘i County Council-10 Page 18 April 18, 2007 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 62: Amends Section 25-8-30 (Na‘alehu 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 – 7,500 Square Feet (RS-7.5) to Village Commercial – 7,500 Square Feet (CV-7.5) at Poupouwela and Kowala, Ka‘u, Hawai‘i, Covered by Tax Map Key 9-5-024:008 (approx. 17,382 square feet). {Big Island Ventures, LLC, Applicant.} Re: Comm. 199 Intr. by: Mr. Hoffmann st 1 Reading: April 4, 2007 PUBLIC HEARING TO BE HELD NO LATER THAN MAY 31, 2007 (KA‘U DISTRICT) and; Comm. 199.2. Bill 66: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2007. {Increases revenues in Contribution from Private Source ($3,661.05); appropriates same to Rescue Equipment - Private.} Re: Comm. 232 Intr. by: Mr. Yagong st 1 Reading: April 4, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 67: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in State Grants – Hawai‘i Tourism Authority – Tourism Strategy Plan ($24,750); appropriates same to Hawai‘i Tourism Authority – Tourism Strategy Plan.} Re: Comm. 233 Intr. by: Mr. Yagong st 1 Reading: April 4, 2007 ND PASSED 2 & FINAL 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-10 Page 19 April 18, 2007 Bill 68: 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 – Hawai‘i County Police Department (HCPD) Data Grant ($66,400.80); appropriates same to HCPD Data Grant.} Re: Comm. 235 Intr. by: Mr. Yagong st 1 Reading: April 4, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 69: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2007. {Increases revenues in Federal Grants – Community Based Traffic Coordinator ($22,000); appropriates same to Community Based Traffic Coordinator. Funds would be used for the Police Department’s Community Based Traffic Coordinator Program to reduce the number of alcohol, speed, and seat belt non-use related traffic fatalities and injuries on the Big Island by 10 percent.} Re: Comm. 236 Intr. by: Mr. Yagong st 1 Reading: April 4, 2007 ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 70: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2007. {Increases revenues in Federal Grants – Hawai‘i County Police Department (HCPD) Roadblock Program ($20,500); appropriates same to HCPD Roadblock Program. Funds would be used for the Police Department’s Roadblock Program to reduce the number of alcohol related fatalities and injuries, to increase public awareness, and to provide a constant deterrence against impaired driving by conducting impaired driving roadblocks on our highways.} Re: Comm. 237 Intr. by: Mr. Yagong st 1 Reading: April 4, 2007 ND PASSED 2 & FINAL 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-10 Page 20 April 18, 2007 Bill 78: 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 – Federal Highways Administration ($5,500,000); fund shall be provided from Federal Grants Receivable ($5,500,000). Funds would be used for repair work for damages resulting from the October 15, 2006, earthquake.} Re: Comm. 266 Intr. by: Mr. Yagong st 1 Reading: April 4, 2007 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 156 Amends Chapter 11 (Housing), Article 1, Section 11-4(d), Hawai‘i County Code (Draft 4) 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. 200.14 Intr. by: Mr. Hoffmann Postponed: November 9 and December 7, 2005 st 1 Reading: March 9, 2007 Held Over Pursuant to Council Rule 26(e): March 21 and April 4, 2007 HELD OVER PURSUANT TO COUNCIL RULE 26(e) (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Mr. Jacobson to approve Bill 156, as amended.) REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ending December 31, 2006. ACCEPTED FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ending January 31, 2007. ACCEPTED Hawai‘i County Council-10 Page 21 April 18, 2007 FC-84 Recommends acceptance of a donation by Stationers of a dry erase board (Comm. 259): (estimated value of $300) and cork bulletin board (estimated value of $200) to the Department of Parks and Recreation, Elderly Division’s Elderly Recreation Services. APPROVED PC-23 Recommends approval of the nomination of Ms. Shelly H. A. Ogata (Council (Comm. 254): District 3) to the Planning Commission. APPROVED PC-24 Recommends approval of the nomination of Ms. Kelly Ann Soo (Council (Comm. 268): District 8) to the Board of Appeals. 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. 66.1: THOMAS YOUNG V. COUNTY OF HAWAI‘I, CIVIL NO. 05-01-164K From Deputy Corporation Counsel Joseph K. Kamelamela, dated April 3, 2007. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL 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 MAY 2, 2007, COUNCIL MEETING Postponed: March 9, 21, and April 4, 2007 ;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. Comm. 247: REQUEST FOR REPRESENTATION OF POLICE OFFICERS LORENZO ATIENDA, ROBERT PULE AND DAVID REIS; GEORGE L. K. “KEOKI” KAI, JR., ET AL. V. COUNTY OF HAWAI‘I, ET AL.; CIVIL NO. CV 06-00009 DAE/KSC From Deputy Corporation Counsel Harry P. Freitas, dated March 13, 2007. Postponed: April 4, 2007 CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL ;and Comm. 247.1: From Deputy Corporation Counsel Harry P. Freitas, dated March 29, 2007, th requesting this matter be deferred to the April 18 Council meeting. Hawai‘i County Council-10 Page 22 April 18, 2007 Comm. 293: CLAIM AGAINST THE COUNTY/STANLYN MARIE BLAS From Deputy Corporation Counsel Harry P. Freitas, dated March 28, 2007. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 294: CLAIM AGAINST THE COUNTY/STATE FARM INSURANCE ON BEHALF OF FREDERICK WOODBY JR. From Deputy Corporation Counsel Harry P. Freitas, dated March 29, 2007. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 296: REQUEST FOR DISCUSSION OF THE ATTORNEY-CLIENT PRIVILEGE WITH THE HAWAI‘I COUNTY COUNCIL; OUR ENTRY NO.: WRK 03-6524 From Corporation Counsel Lincoln S. T. Ashida, dated March 29, 2007, requesting to discuss the waiver of the privilege (intentional and inadvertent), and a process for obtaining the knowing waiver of the privilege in the future. CLOSE FILE Comm. 297: CLAIM AGAINST THE COUNTY/ATTORNEY KEVIN SEITER ON BEHALF OF ANDY SCHMID From Deputy Corporation Counsel Harry P. Freitas, dated April 2, 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.) Comm. 334: REQUEST RECONSIDERATION OF RESOLUTION 96-07 (ACCEPTANCE OF A MONETARY GIFT FROM THE GREGG MALKIN MEMORIAL FOUNDATION) From Finance Director William Takaba, dated April 9, 2007, requesting the reconsideration of Resolution 96-07. States that the site of the accident was incorrectly noted in Resolution 96-07 and has submitted a new resolution with the correct incident site (Resolution 159-07). Due to this inadvertent error, requests the Council file Resolution 96-07. Res. 96-07: Authorizes the Acceptance of a Monetary Gift of Three Thousand Six Hundred Sixty One Dollars and Five Cents ($3,661.05) from the Gregg Malkin Memorial Fund to the Hawai‘i Fire Department. {Funds would be used for the purchase of thermal gear for the Department’s rescue team.} Re: Comm. 232 Intr. by: Mr. Yagong Approve: FC-74 Adopted: April 4, 2007 FILED: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Higa – 1. EXCUSED: None. (Note: Unless Rule 17, Council Rules of Procedure is suspended, if the motion to reconsider passes, Resolution 96-07 will be placed on the Council’s May 2, 2007 agenda under “Other Business”.) Hawai‘i County Council-10 Page 23 April 18, 2007 ANNOUNCEMENTS TUESDAY, MAY 1, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, MAY 2, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA 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 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 ADJOURNMENT 4:11 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 16, 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. Hawai‘i County Council-10 Page 24 April 18, 2007 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 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, April 25, 2007, at 6 p.m.; Sunday, April 29, 2007, at 10:30 a.m.; and Wednesday, May 2, 2007, at 6 p.m.