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HomeMy WebLinkAboutAGE COUNCIL 2007/08/22 2006-2008 ACTIONS PETE HOFFMANN BRENDA FORD Chair & Presiding Officer STACY K. HIGA DONALD IKEDA K. ANGEL PILAGO BOB JACOBSON Vice Chair EMILY I. NAEOLE DOMINIC YAGONG J YOSHIMOTO COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 18 Session R E V I S E D A G E N D A ORDER OF BUSINESS Hawai‘i County Council 333 Kīlauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawai‘i Wednesday, August 22, 2007 8:00 a.m. INVOCATION Captain Michael Lutcher of the Salvation Army CALL TO ORDER 8:12 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES August 1 and July 10, 2007 - APPROVED (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-18 Page 2 August 22, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 109-07 Modifies the Special Fuel Tax Program. {Sets the fuel tax amount at zero cents for (Draft 2): biodiesel fuels containing 20 percent or greater by volume of biodiesel.}; and FC-95. ADOPTED: AYES: Council Members Ford, Jacobson, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 6. NOES: Council Members Higa, Ikeda, and Naeole – 3. ABSENT: None. EXCUSED: None. Res. 262-07: Authorizes the Acceptance of a Monetary Donation of $500 to the Hawai‘i Fire Department. {Donated by Wal-Mart Hilo as part of its “Safe Neighborhood Grant” program and would be used by the Department to establish and operate its Explorer program.}; and FC-130. ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 264-07: Authorizes the Acceptance of a Monetary Donation of $5,700 to the Hawai‘i County Police Department. {Donated by the employees of Metzler Contracting Co., LLC, and would be used by the Department for community-oriented events administered or sponsored by them in the districts of North and South Kohala and North Kona.}; and FC-132. ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 265-07: Authorizes the Acceptance of a Monetary Donation of $1,000 to the Hawai‘i County Police Department. {Donated by the Hawai‘i Police Athletic Federation and would be used for the Department’s Hawai‘i Island Police Activities League (HI-PAL) program.}; and FC-134. 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-18 Page 3 August 22, 2007 Res. 281-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts st Other Current Expense (1 Annual Veterans Day Parade). Contingency relief funds from District 6 would be used to support the Veterans Day Parade.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 282-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts st Other Current Expense (1 Annual Veterans Day Parade). Contingency relief funds st from District 3 would be used as a grant towards the 1 Annual Veterans Day Parade.};and 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. Comm. 561.1: From Council Member J Yoshimoto, dated August 2, 2007, transmitting a proposed amendment to Resolution 282-07. Res. 283-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts st Other Current Expense (1 Annual Veterans Day Parade). Contingency relief funds st from District 2 would be used to defray expenses for the 1 Annual Veterans Day Parade.} 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-18 Page 4 August 22, 2007 Res. 284-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Culture/Arts Other Current Expense (First Annual Veterans Day Parade). Contingency relief funds from District 5 would be used as a grant for the First Annual Veterans Day Parade.} 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. Res. 289-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Culture and st Arts Other Current Expense (1 Annual Veterans Day Parade). Contingency relief funds from District 7 would be used towards costs associated with the Veterans Memorial Parade.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 290-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Culture and st Arts Other Current Expense (1 Annual Veterans Day Parade). Contingency relief st funds from District 9 would be used to defray expenses for the 1 Annual Veterans Day Parade.} 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-18 Page 5 August 22, 2007 Res. 291-07: 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 Clerk-Council Services Other Current Expense (Reimbursement for Dennis Tulang). Contingency relief funds from District 3 would be used to reimburse travel and meal expenses incurred by Mr. Dennis Tulang while assisting constituents of Council District 3 with disconnecting from their large capacity cesspool.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 296-07: Amends Resolution 544-06, Which Prioritized Lands to be Acquired Pursuant to Section 2-218(a) of the Hawai‘i County Code 1983 (2005 Edition, as Amended). {Amends Resolution 544-06 by re-prioritizing the list of the acquisition of lands by moving the Number 2 ranked Waipi‘o Lookout Point Parcel to Number 1 (along with presently ranked Number 1 acquisition of Kawa‘a/Kawa‘a Bay) and requests the Mayor and his Administration to finalize the acquisition process as initiated by Resolution 427-06.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) 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; and ST AMENDED TO DRAFT 5 & PASSED 1 READING: AYES: Council Members Higa, Ikeda, Naeole, Yagong, Yoshimoto, and Chair Hoffmann – 6. NOES: Council Members Ford, Jacobson, and Pilago – 3. ABSENT: None. EXCUSED: None. 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 Hawai‘i County Council-18 Page 6 August 22, 2007 Comm. 176.120: From Council Member Brenda Ford, dated July 10, 2007, transmitting a proposed amendment (housekeeping). Bill 151: Amends Chapter 27, Flood Control, Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to Floodplains and Other Flood Hazard Areas. {Satisfies the minimum National Flood Insurance Program (NFIP) requirements and includes additional changes to Chapter 27, as listed in Communication 598.} ST AMENDED TO DRAFT 2 & PASSED 1 READING: AYES: Council Members Ford, Jacobson, Pilago, Yoshimoto, and Chair Hoffmann – 5. NOES: Council Members Higa, Ikeda, Naeole, and Yagong – 4. ABSENT: None. EXCUSED: None. Bill 128: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($500); appropriates same to Fire Prevention – Other Current Expense.}; and FC-131. 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 129: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($5,700); appropriates to the following: Waimea Police – Other Current Expense ($1,900), Kohala Police – Other Current Expense ($1,900), and Kona Police – Other Current Expense ($1,900), for a total of $5,700.}; and FC-133. 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 130: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2008. {Increases revenues in Contribution from Private Source ($1,000); appropriates same to Hawai‘i Island Police Activities League – Other Current Expense.}; and FC-135. 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-18 Page 7 August 22, 2007 Bill 131: Amends Chapter 2, Article 15, Subsection 2-91.1(c), Hawai‘i County Code 1983 2005 Edition), as Amended, Relating to the Disclosure of Financial Interests. {Increases the requirements of property disclosures, as well as increases in salaries and market values of assets that have occurred over the years.}; and PWIRC-29. 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 132: Amends Chapter 2, Article 15, Section 2-82, Hawai‘i County Code 1983 (2005 Edition), as Amended, Relating to the Code of Ethics. {Exempts “Officers” who have been appointed as members of boards or commissions, with only advisory powers and functions, from filing financial disclosures.}; and PWIRC-30. ST PASSED 1 READING: AYES: Council Members Higa, Ikeda, Naeole, Yoshimoto, and Chair Hoffmann – 5. NOES: Council Members Ford, Jacobson, Pilago, and Yagong – 4. ABSENT: None. EXCUSED: None. Bill 144: 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: Mohouli-Kumukoa Traffic Signal System Project ($1,800,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($1,800,000). Funds would be used to install a traffic signal system at the Mohouli-Kumukoa intersection.} 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. 1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS Hawai‘i County Council-18 Page 8 August 22, 2007 ORDER OF THE DAY (SECOND OR FINAL READING) 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.} ND PASSED 2 & FINAL READING: AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. Bill 113 Amends Ordinance No. 05-157, Which Amended Ordinance No. 95-51, Which (Draft 2): 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 AMENDED TO DRAFT 3 & HELD OVER PURSUANT TO COUNCIL RULE 25(e) Comm. 481.3: From Council Member K. Angel Pilago, dated August 2, 2007, transmitting proposed amendments to Bill 113, Draft 2. 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). ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Higa and Yagong – 2. EXCUSED: None. Hawai‘i County Council-18 Page 9 August 22, 2007 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.} ND PASSED 2 & FINAL READING: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 7. NOES: None. ABSENT: Council Members Higa and Yagong – 2. 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.} ND PASSED 2 & FINAL 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 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.} 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-18 Page 10 August 22, 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.)} ND PASSED 2 & FINAL READING: AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ford – 1. 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.} ND PASSED 2 & FINAL READING: AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ford – 1. 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.”} ND PASSED 2 & FINAL READING: AYES: Council Members Higa, Ikeda, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 7. NOES: Council Member Jacobson – 1. ABSENT: Council Member Ford – 1. EXCUSED: None. Hawai‘i County Council-18 Page 11 August 22, 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.} ND PASSED 2 & FINAL READING: AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Ford – 1. 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.} 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 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.”} 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-18 Page 12 August 22, 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.} 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 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).} 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 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.} 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 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.} 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-18 Page 13 August 22, 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.} 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 PSPRC-6 Recommends approval of the nomination of Mr. Delbert Nishimoto (Council (Comm. 520): District 2) to the Veterans Advisory Committee. 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 11 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Comm. 606: BRIDGE AINA LEA VS. NHICORAM, ET AL., CIVIL NO. 05-1-0003 From Deputy Corporation Counsel Brandon A. K. Gonzalez, dated August 14, 2007. CONCURRED BY UNANIMOUS CONSENT OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 465.10: MAYOR’S VETO MESSAGE REGARDING BILL 112, RELATING TO AFFORDABLE HOUSING From Mayor Harry Kim, dated August 1, 2007, returning Bill 112, stating his reason for disapproval, as listed in Communication 465.10; and Hawai‘i County Council-18 Page 14 August 22, 2007 Bill 112: Amends Chapter 11, Article 1, of the Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to Affordable Housing. {Extends the requirements for affordable housing to properties which are being subdivided or developed under plan approval, in cases where the property was zoned without specific affordable housing requirements.} MAYOR’S VETO SUSTAINED (THE MOTION TO RECONSIDER BILL 112 FAILED): 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: In order for this bill to become law, the Council must vote (by majority) to reconsider it, within 30 days after it is returned; and to approve it again (2/3 majority vote) (see Article III, Section 3-12, Hawai‘i County Charter). For purposes of Chapter 92, Hawai‘i Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. Comm. 200.49: MAYOR’S VETO MESSAGE REGARDING BILL 156, DRAFT 6 (2004-2006), RELATING TO AFFORDABLE HOUSING REQUIREMENTS FOR INDUSTRIAL PARK DEVELOPMENTS From Mayor Harry Kim, dated August 1, 2007, returning Bill 156, Draft 6 (2004-2006), stating his reason for disapproval, as listed in Communication 200.49; and Bill 156 Amends Chapter 11 (Housing), Article 1, Section 11-4(d), Hawai‘i County Code (Draft 6) 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.} MAYOR’S VETO OVERRIDDEN AND APPROVED BILL 156, DRAFT 6: AYES: Council Members Ford, Higa, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 7. NOES: Council Members Ikeda and Yoshimoto – 2. ABSENT: None. EXCUSED: None. Note: In order for this bill to become law, the Council must vote (by majority) to reconsider it, within 30 days after it is returned; and to approve it again (2/3 majority vote) (see Article III, Section 3-12, Hawai‘i County Charter). For purposes of Chapter 92, Hawai‘i Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. Hawai‘i County Council-18 Page 15 August 22, 2007 ANNOUNCEMENTS WEDNESDAY, SEPTEMBER 5, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA THURSDAY, SEPTEMBER 6, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, SEPTEMBER 18, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, SEPTEMBER 19, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA ADJOURNMENT 6:08 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 August 20, 2007. Persons using TDDs may call 961-8521. Copies of an item listed on the agenda may be viewed at the Hawai‘i County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawai‘i 96740; at the Office of the County Clerk at 333 Kīlauea Avenue, Hilo, Hawai‘i 96720; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawai‘i 96740; and at the Waimea Council Members' Office at the Holomua Center, 64-1067 Māmalahoa Highway, Suite 5, Waimea, Hawai‘i 96743. Videoconferencing is available at the following locations:  Kona Council Office at the Kailua Trade Center; 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. Hawai‘i County Council-18 Page 16 August 22, 2007 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 29, 2007, at 6 p.m.; Sunday, September 2, 2007, at 10:30 a.m.; and Wednesday, September 5, 2007, at 6 p.m.