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HomeMy WebLinkAboutAGE COUNCIL 2007/07/25 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 16 Session ORDER OF BUSINESS Hawai‘i County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawai‘i Wednesday, July 25, 2007 9:00 a.m. INVOCATION Pastor Jason Meechan of Thy Word Ministries – Kona CALL TO ORDER 9:05 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-16 Page 2 July 25, 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. 169-07 Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of (Draft 3): Punalu‘u Beach Park, Ninole Pond and Adjacent Lands in the District of Ka‘ū, Pursuant to Chapter 2, Article 42, Hawai‘i County Code. {Acquisition is critical for protecting the natural resources, public access, as well as preserving the habitat for endangered species.}; and FC-129. POSTPONED TO THE SEPTEMBER 19, 2007, COUNCIL MEETING Res. 245-07: 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 Secure Digital Forensic Imaging Grant for the Hawai‘i County Police Department. {Funds would be used to improve the Department’s ability to respond to violent crimes against women and improve forensic examination services provided to female victims of violent crimes islandwide.}; and FC-117. ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 246-07: Authorizes the Abandonment and Sale of Paper Roads Abutting Tax Map Keys (3)4-1-004:041 and (3)4-1-004:042 as Remnant Parcels. {Abutting landowners Kenneth and Jennifer Grace have requested permission to purchase these remnant parcels which have been determined by an independent appraiser to have fair market values of $25,000 for roadway PR-41 (19,919 square feet) and $34,000 for roadway PR-42 (28,955 square feet).}; and FC-120. ADOPTED: AYES: Council Members Ford, Higa, Naeole, Pilago, Yagong, and Chair Hoffmann – 6. NOES: Council Member Jacobson – 1. ABSENT: Council Members Ikeda and Yoshimoto – 2. EXCUSED: None. Hawai‘i County Council-16 Page 3 July 25, 2007 Res. 247-07: Authorizes the Acceptance of a Monetary Gift of Ten Thousand Nine Hundred Fifty-Six Dollars ($10,956) from the Daniel R. Sayre Memorial Fund to the Hawai‘i Fire Department. {Funds would be used to purchase new flight helmets, equipped with communication devices, for the pilots of the rescue helicopter (based at Waiakea Station) and rescue/aeromedical helicopter (based at S. Kohala Station).}; and FC-121. 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. 248-07: 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 Cell Phone/Personal Data Assistants (PDA) Violence Grant for the Hawai‘i County Police Department. {Funds would be used to improve the Department’s ability to collect evidence from wireless communication devices in order to respond appropriately to violent sex crimes, domestic violence crimes, homicides and assaults against women.}; and FC-122. 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. 249-07: 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 “Equipped to Do Battle Against Domestic Violence” Grant for the Hawai‘i County Police Department. {Funds would be used to improve the Department’s ability to effectively investigate cases involving violent crimes against women by obtaining equipment which will aid in the successful prosecution of offenders.}; and FC-125. 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-16 Page 4 July 25, 2007 Res. 258-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,500 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Pana‘ewa Zoo Other Current Expense (Butterfly Exhibit for Kamehameha Butterflies). Contingency Relief funds from District 5 would be used to support a zoo partnership project with Kamehameha School students to construct and maintain an exhibit for Native Kamehameha Butterflies.} 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. 259-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Other Current Expense (Positive Coaching Alliance Program). Contingency Relief funds from District 1 would be used towards funding for the Positive Coaching Alliance Program.} 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. 260-07: 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 Fire Department Training and Volunteer Fire Other Current Expense (Pepe‘ekeo Volunteer Fire Station Washer/Dryer Unit, 3-Prong Cord, Vent Hose, and DVD/VCR Combo). Contingency Relief funds from District 1 would be used to purchase the above-mentioned items for the Pepe‘ekeo Volunteer Fire Station.} 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-16 Page 5 July 25, 2007 Res. 261-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,950 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Park Maintenance Other Current Expense (Placement of 2 Portable Restrooms at Old Hakalau Mill Site). Contingency Relief funds from District 1 would be used towards the rental of a portable restroom and one ADA portable restroom for Lot 3D (Old Hakalau Mill Site) for one year.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Naeole, Pilago, Yagong, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Jacobson and Yoshimoto – 2. EXCUSED: None. Res. 263-07: 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 th Division Other Current Expense (Halloween Program - $1,000/15 Annual Biggest Easter Egg Hunt - $1,000). Contingency Relief funds from District 2 would be used to defray expenses for the Recreation Division’s Halloween and Easter programs.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Naeole, Pilago, Yagong, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Jacobson and Yoshimoto – 2. EXCUSED: None. Res. 267-07: Authorizes the Office of the Mayor to Enter Into an Agreement with the Hawai‘i Public Housing Authority, Pursuant to HRS 46-7, for the County of Hawai‘i’s Homeless Transitional Housing Units. {Funds would be used to purchase and provide maintenance for two houses in Hilo (located at 189 Wilder Road and 1495 Kuleana Place) for shelter and services for the homeless, in partnership with the Office for Social Ministry, a private nonprofit agency.} 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-16 Page 6 July 25, 2007 Res. 268-07: 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 Transfer to Capital Project Fund-General (Land Acquisition for Public Works Facilities) (To be allotted to Momona Road Title Search). Contingency Relief funds from District 3 would be used to perform a title search to establish the legal owners along Momona Road.} 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. 269-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $11,544 out and from Clerk-Council Services – Contingency Relief account; credits same to Recreation Division Salaries and Wages. Contingency Relief funds would be used to restore funding for the Recreation Technician III 2/5T position so that additional activities can be offered at Kekuaokalani Gym in Kona.} 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. 270-07: 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 Planning Department, Planning Other Current Expense, Miscellaneous Contract Services (EnVision Downtown Hilo 2025, Phase II). Contingency Relief funds from District 2 would be used towards the VisionKeepers to support them in their efforts to implement the EnVision Downtown Hilo 2025 Community-Based Vision and Living Action Plan.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. 10:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) Hawai‘i County Council-16 Page 7 July 25, 2007 BILLS FOR ORDINANCES (FIRST READING) Bill 51 Amends Chapter 27, Flood Control, Hawai‘i County Code 1983 (2005 Edition), as (Draft 4): Amended, Relating to Stormwater Management. {Updates Chapter 27 to conform with Federal Insurance program standards and increases regulation of flood areas and requirements for permits.}; and PWIRC-21. POSTPONED TO THE AUGUST 15, 2007, COUNCIL MEETING (Note: There is a pending motion by Mr. Jacobson and duly seconded by Mr. Pilago to approve Bill 51, as amended (Draft 4). There is a pending motion by Ms. Ford and duly seconded by Mr. Jacobson to amend Bill 51, Draft 4, with Communication 176.119.) ; and Comm. 176.117: From Council Chair Pete Hoffmann, dated June 18, 2007, transmitting a proposed amendment to Bill 51, Draft 4; and Comm. 176.119: From Council Member Brenda Ford, dated July 4, 2007, transmitting proposed amendments to Bill 51, Draft 4; and Comm. 176.120: From Council Member Brenda Ford, dated July 10, 2007, transmitting a proposed amendment (housekeeping). Bill 111 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural 1-Acre (A-1a) to Multiple Family Residential – 4,000 Square Feet (RM-4) at Ponahawai, South Hilo, Hawai‘i, Covered by Tax Map Key 2-3-037:017 (approx 1.298 acres). {Guy Miller, Applicant.}; and PC-38. 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 113: Amends Ordinance No. 05-157, Which Amended Ordinance No. 95-51, Which Amended Ordinance No. 90-160, and Which Reclassified Lands from Agricultural 5-Acre (Formerly Unplanned) and Multiple Family Residential 1,500 Square Feet (RM-1.5) to Residential and Agricultural 1 Acre (RA-1a) and Open (O) Districts at Waikoloa, South Kohala, Hawai‘i, Covered by Tax Map Key: 6-8-002:Portion 016 and 6-8-003:Portion 032 (Request: Amendment to Change of Zone Ordinance No. 05-157 relating to Conditions B, C, and I; approx. 761 acres). {Waikoloa Mauka, LLC, Applicant.}; and PC-36. 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. Hawai‘i County Council-16 Page 8 July 25, 2007 Bill 114: Planning Director Initiated: Amends Section 25-8-7 (North and South Kohala District Zone Map) and Section 25-8-11 (Lalamilo-Puukapu Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural – 40 Acre (A-40a) and Agricultural – 1 Acre (A-1a) to Agricultural – 400 Acre (A-400a) at Waimea, South Kohala, Hawai‘i, Covered by Tax Map Key 6-5-001:020 (approx. 420.17 acres); and PC-37. 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 116: Amends Chapter 5, Article 1, Subsection 5-1.0.12(d) (Building), Chapter 9, Article 5, Division 2, Section 9-42 (Electricity), and Chapter 17, Article 2, Division 5, Section 17-28 (Plumbing), Hawai‘i County Code 1983 (2005 Edition), as Amended, to Exempt Habitat for Humanity Construction Projects from Building, Electrical, and Plumbing Permit Fees. {Proposed fee exemptions for Habitat construction projects would reduce costs for Habitat participants occupying these affordable homes.}; and PWIRC-27. 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 117: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants – Secure Digital Forensic Imaging ($31,790); appropriates same to Secure Digital Forensic Imaging.}; and FC-118. 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 118: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants – Cell Phone/Personal Data Assistants (PDA) Violence ($30,000); appropriates same to Cell Phone/PDA Violence Grant.}; and FC-123. 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-16 Page 9 July 25, 2007 Bill 119: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Establishes the following program appropriations: Projects (Engineering) ($2,700,000), ADA Curb Cut and Accessible Route Program ($500,000), and Local Road Improvements ($4,000,000), for a total of $7,200,000; funds shall be provided from that portion of the Highway Fund which is designated as the Fuel Tax Increase Account No. 3104.06, and which consists of the increased fuel tax revenues created pursuant to Resolution Nos. 192-97 and 241-98. This is the fifth and final increment of fuel tax revenues established by these resolutions. (The specific projects are listed in “Exhibit A” of the bill.)}; and FC-124. 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 120: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Federal Grants – Equipped to Do Battle Against Domestic Violence ($2,576); appropriates same to Equipped to Do Battle Against Domestic Violence.}; and FC-126. 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 121: Amends Chapter 24, of the Hawai‘i County Code 1983 (2005 Edition), Relating to Vehicles and Traffic. {Amends Article 10, Division 2, Section 24-265, Schedule 13, Subsection (c), by adding “Kīlauea Avenue, north bound, at Bridge No. 22-7, approaching Haihai Street.”}; and PWIRC-28. ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: Council Member Jacobson – 1. ABSENT: None. EXCUSED: None. Hawai‘i County Council-16 Page 10 July 25, 2007 Bill 122: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Adds HOUSING AND COMMUNITY DEVELOPMENT: Waikoloa Workforce Housing Project ($34,000,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($34,000,000). Funds would initially be used to provide for pre-development costs of the Waikoloa Workforce Housing (Kamakoa) Project, part of Phase 1 infrastructure, and one park, known as Phase 1-A.}; and FC-127. ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Jacobson and Yagong – 2. EXCUSED: None. Bill 123: Authorizes the Issuance of General Obligation Bonds of the County of Hawai‘i for the Purpose of Funding Costs of the Waikoloa Workforce Housing Project; Fixing the Form, Denominations, and Certain Other Details of Such Bonds and Providing for the Sale Thereof; and Authorizes the Taking of Other Actions Relating to the Issuance and Sale of the Bonds. {Principal amount not to exceed $40,000,000 for the purpose of funding costs of the Waikoloa Housing Project.}; and FC-128. ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. Bill 124: Amends Chapter 7 of the Hawai‘i County Code 1983 (2005 Edition, as Amended), Civil Defense, Relating to Loitering. {Adds a mens rea, or state of mind, element of “knowingly” to Sections 7-9 and 7-10 in order to be in compliance with Hawai‘i Appellate Court ruling in State v. Keawemauhili as well as a housekeeping measure which amends “tidal wave” to “tsunami.”}; and PSPRC-5. ST PASSED 1 READING: 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-16 Page 11 July 25, 2007 Bill 127: Amends Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. {Adds PUBLIC WORKS: Lai‘o‘pua Connector Road Project ($1,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($1,500,000). Additional funds would enable the Public Works Department to award this project and execute the construction contract. Funds also include monies for contingencies and construction management assistance.} ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. Bill 133: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in Homeless Transitional Housing Units ($400,000); appropriates same to Homeless Transitional Housing Units (for the purchase of these units and for funding to the Office for Social Ministry).} ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. Bill 134: Amends Chapter 14, Article 10, of the Hawai‘i County Code 1983 (2005 Edition), Relating to Exceptional Trees. {Requests the following tree be designated as an “Exceptional Trees”: Valencia Orange (Vancouver) (Citrus sinensis), TMK:8-1-009:001, Kaawaloa, South Kona.} ST PASSED 1 READING: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ikeda – 1. EXCUSED: None. Bill 135: Amends Chapter 14, Article 10, of the Hawai‘i County Code, as Amended, Relating to Exceptional Trees. {Requests the following tree be removed from the “Exceptional Trees” list: 4. ‘Ohe (Tetraphlasandra meiandra), TMK:8-1-009:001, Manuka State Park.} ST PASSED 1 READING: 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-16 Page 12 July 25, 2007 Bill 136: Amends Chapter 14, Article 10, of the Hawai‘i County Code, as Amended, Relating to Exceptional Trees. {Requests the following tree be removed from the “Exceptional Trees” list: 3. Koki‘o (Kokia rockii), TMK:8-1-009:001, Manuka State Park.} ST PASSED 1 READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yagong – 1. EXCUSED: None. 2:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) AND REPORTS ORDER OF THE DAY (SECOND OR FINAL READING) Bill 74 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 3): 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 Neighborhood Commercial – 40,000 Square Feet (CN-40) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-2-39:31, 57, 68, and 69 (approx. 88,317 square feet). {Ginger Patch, DP, LLC, Applicant.} ND PASSED 2 & FINAL READING: AYES: Council Members Higa, Ikeda, Naeole, Yagong, and Yoshimoto – 5. NOES: Council Members Ford, Jacobson, Pilago, and Chair Hoffmann – 4. ABSENT: None. EXCUSED: None. (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Ford to approve Bill 74, as amended (Draft 3).) Bill 82 Amends Ordinance No. 02-21, Which Amended Ordinance No. 98-87, Which (Draft 2): Amended Ordinance No. 90-008, and Which Reclassified Lands from Agricultural – st 20 Acre (A-20a) to Agricultural – 3 Acre (A-3a) at Kahua 1, North Kohala, Hawai‘i, Covered by Tax Map Key 5-9-007:007 (Time Extension to Condition C – Subdivision Approval; approx. 28.832 acres). {Elwin F. Hussey, Applicant.} ND AMENDED TO DRAFT 3 & 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-16 Page 13 July 25, 2007 Bill 106 Amends Chapter 19, Article 1 (Administration), Section 19-2, and Article 7 (Tax (Draft 4): Maps; Valuations), Section 19-53, of the Hawai‘i County Code 1983 (2005 Edition), as Amended, Relating to Affordable Rental Housing Classification. {Provides tax incentives to owners of properties rented at “affordable” rates.} 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. (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Naeole to approve Bill 106, as amended (Draft 4).) Bill 110: 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 1-Acre (A-1a) to Neighborhood Commercial – 20,000 Square Feet (CN-20) at Ponahawai, South Hilo, Hawai‘i, Covered by Tax Map Key 2-3-037:011 (approx. 1.022 acres). {Justin Pittullo and Nancy Hamada, Applicants.} 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 115: Amends Chapter 11 (Housing Code) of the Hawai‘i County Code 1983 (1995 Edition), as Amended by Ordinance 05-23, by Amending Sections 11-3(5) to Require Affordable Units to be the Primary Residence of a Buyer or Renter and 11-5(c) to Ensure that Developers Maintain Affordability and Compliance with Resale Restrictions. 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. REPORTS FC-116 Recommends acceptance of the post-audit Financial Audit Report of the County of (Comm. 496): Hawai‘i for the Fiscal Year Ended June 30, 2006, as prepared by KPMG LLP. ACCEPTED FC-119 Recommends acceptance of two monetary donations, totaling $887.81, to the (Comm. 498): Department of Parks and Recreation by the Big Island Auto Club ($781.81) and Kamehameha Schools Hawai‘i – ASKS ($106) to be used towards the replacement of items and repairs/reconstruction and cleanup of the Pana‘ewa Community Center. ACCEPTED Hawai‘i County Council-16 Page 14 July 25, 2007 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 TUESDAY, JULY 31, 2007 COUNCIL PUBLIC 6:00 p.m. COUNCIL ROOM – HILO HEARING RE 333 Kīlauea Avenue RESOLUTION 109-07, Ben Franklin Building DRAFT 2 (Special Fuel Second Floor Tax Program) WEDNESDAY, AUGUST 1, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor TUESDAY, AUGUST 14, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, AUGUST 15, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA ADJOURNMENT 7:41 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 for this meeting should call 961-8255 by July 23, 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, Hawai‘i County Council-16 Page 15 July 25, 2007 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 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, August 1, 2007, at 6 p.m.; Sunday, August 5, 2007, at 10:30 a.m.; and Wednesday, August 8, 2007, at 6 p.m.