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HomeMy WebLinkAboutAGE COUNCIL 2007/10/17 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 nd 22 Session ORDER OF BUSINESS Hawai‘i County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawai‘i Wednesday, October 17, 2007 8:30 a.m. INVOCATION Reverend Tullos Jones of the Kona Baptist Church CALL TO ORDER 8:34 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES April 18 and September 6, 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-22 Page 2 October 17, 2007 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 589.2: FINDINGS AND RECOMMENDATIONS OF THE LEGISLATIVE LIAISON TASK FORCE From Council Chair Pete Hoffmann, dated October 4, 2007. FILED Comm. 684.3: HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PRIORITIES From Council Member Bob Jacobson, dated October 5, 2007, transmitting for Council’s review, the legislative priorities submitted by other counties (Honolulu and Kaua‘i) for inclusion in the HSAC legislative priorities packet. Requests an additional item be added to Hawai‘i County’s legislative priorities (relating to environmental impact statements). FILED COMMUNICATION (To transmit amended legislative priority packet recommendations to HSAC) ORDER OF RESOLUTIONS Res. 343-07: Authorizes the Acceptance of a Monetary Gift of Forty-Nine Thousand Nine Hundred Dollars ($49,900) from the Daniel R. Sayre Memorial Fund to the Hawai‘i Fire Department. {Funds would be used to purchase rescue equipment ($37,900) and to contract an instructor for the “Ropes Course I and II” ($12,000), for the rescue personnel at Waiakea and Kailua Stations.}; and FC-179. ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 344-07: Authorizes the Acceptance of a Monetary Gift of Thirty-Nine Thousand Five Hundred Sixty-Seven Dollars ($39,567) from the Gregg Malkin Memorial Fund to the Hawai‘i Fire Department. {Funds would be used to purchase water rescue equipment ($27,567) and to contract an instructor for the “Ropes Course III” ($12,000), for the rescue personnel at the Waiakea and Kailua Stations.}; and FC-180. 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-22 Page 3 October 17, 2007 Res. 345-07: Amends the Zone Boundaries of the Hilo-Puna and North Kohala Enterprise Zones. {Seeks to expand two of the six Enterprise Zones to enable additional businesses to participate in the Enterprise Zone Program (delineated in attached Exhibits A, B, and C).}; and PC-49. POSTPONED TO THE NOVEMBER 7, 2007, COUNCIL MEETING Res. 348-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for a Multi-Year Lease of Real Property for the Office of the County Clerk- Elections Division. {Five-year lease for 700 square feet of office space would serve as a satellite Elections Office located at Ali‘i Plaza (75-143 Hualālai Road, Kailua-Kona) at an approximate cost of $3,184 per month, plus general excise tax.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 351-07: 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 Office of the Prosecuting Attorney, Prosecuting th Attorney Other Current Expense Miscellaneous Contract Services (4 Annual Keiki Aloha Aina Surfing Classic). Contingency Relief funds from District 4 would be th used towards the 4 Annual Keiki Aloha Aina Surfing Classic.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 352-07: 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 Civil Defense, Civil Defense Agency Other Current Expense (S. Kona Community Emergency Response Team, Inc., Amateur Radio System for emergency communications). Contingency Relief funds from District 7 would be used towards the purchase of amateur radio equipment for emergency and disaster response for the South Kona Community Emergency Response Team.} ADOPTED: AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: None. EXCUSED: Council Member Ford – 1. Hawai‘i County Council-22 Page 4 October 17, 2007 Res. 353-07: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for Animal Control Services. {Funds would be used by the Police Department to issue a “Request for Proposal” for a contract for services for the County of Hawai‘i for the contract period beginning January 1, 2008 and ending on June 30, 2012.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 354-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,710 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Parks and Recreation Elderly Activities Administration/Recreation, Elderly Activities Division Recreation Equipment (Kohala Senior Center-Pool Table). Contingency Relief funds from District 9 would be used to purchase a new pool table for the Kohala Senior Center.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 355-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,840 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Public Works Building Repair and Maintenance Other Current Expense (Raleigh Martin Parking Lot-1 Regular/1-ADA Compliant Portable Restroom Downtown Honoka‘a). Contingency Relief funds from District 1 would be used towards the rental of two portable restrooms (one regular and the other ADA compliant) in Downtown Honoka‘a at the Raleigh Martin Parking Lot.} 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-22 Page 5 October 17, 2007 Res. 361-07: 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 Public Works Transfer to Highway Fund (Puakō Access Road Paving). Contingency Relief funds from District 9 would be used to purchase materials to pave the Puakō Access Road.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 363-07: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 9 would be used towards funding of a Community Violence Coordinator position for the Prosecuting Attorney’s Office.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 364-07: Creates a Park Caretaker I (3/5T) Position and a Park Caretaker I (1/2T) Position for the Department of Parks and Recreation. {Civil Case #98-244 (United Public Workers versus the County of Hawai‘i) requires the County to hire UPW workers instead of contracting out for janitorial and ground maintenance services. In order to comply with this settlement, the Parks and Recreation Department requests the creation of two new positions for the South Hilo and Kona Districts.} 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-22 Page 6 October 17, 2007 Res. 365-07: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 1 would be used towards funding of a Community Violence Coordinator position.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 366-07: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 4 would be used towards funding of a Community Violence Coordinator position.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 367-07: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 7 would be used towards funding of a Community Violence Coordinator position.} 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-22 Page 7 October 17, 2007 Res. 368-07: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 8 would be used towards funding of a Community Violence Coordinator position.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 369-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for Two Multi-Year Leases of Real Property for the Office of the County Clerk-Elections Division. {Two separate five-year leases for 2,270 square feet (Unit A-1) and 1,600 square feet (Unit A-2) would house the Elections Division located at the Hilo Iron Works Building (1266 Kamehameha Avenue, Hilo) at an approximate monthly cost of $4,446.62 and $2,920.82 respectively.} ADOPTED: AYES: Council Members Ford, Higa, Jacobson, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 7. NOES: Council Members Ikeda and Naeole – 2. ABSENT: None. EXCUSED: None. Res. 370-07: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator). Contingency Relief funds from District 6 would be used to support the Community Violence Coordinator position.} 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-22 Page 8 October 17, 2007 Res. 371-07: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for a Multi-Year Lease of Real Property for the Office of the County Clerk- Elections Division. {Five-year lease for 800 square feet of office space would serve as a satellite Elections Office located at Pāhoa Market Place Shopping Center (Suite 104, 15-2662 Pāhoa Village Road, Pāhoa) at an approximate cost of $1,249.99 per month.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 372-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $6,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Salaries and Wages (Community Violence Coordinator Position). Contingency Relief funds from District 5 would be used towards funding of a Community Violence Coordinator position.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 373-07: 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 Office of the Mayor Committee on the Status of Women (Miscellaneous Contract-Girls Exploring Math and Science \[GEMS\]). Contingency Relief funds from District 7 would be used towards costs associated with the GEMS workshops to be held in Kailua-Kona on November 15, 2007.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Jacobson – 1. EXCUSED: None. Hawai‘i County Council-22 Page 9 October 17, 2007 Res. 374-07: 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 Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense (Hawaiian Paradise Park Neighborhood Watch). Contingency Relief funds from District 5 would be used towards Hawaiian Paradise Park’s Neighborhood Watch.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 375-07: 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 Office of the Prosecuting Attorney, Kona Prosecuting Attorney Other Current Expense (He Makuakane Maika‘i ‘O Hawai‘i). Contingency Relief funds from District 4 would be used towards the West Hawai‘i Fatherhood Initiative Program for the He Makuakane Maika‘i ‘O Hawai‘i project.} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 376-07: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services-Contingency Relief account; credits same to Department of Planning, Planning Other Current Expense, Miscellaneous Contract Services (Hilo Bay Watershed Advisory Group Website). Contingency Relief funds from District 4 would be used to support the Hilo Bay Watershed Advisory Group in creating a website.} 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-22 Page 10 October 17, 2007 Res. 377-07: 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 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 help 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. 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 79 Amends Chapter 25, Zoning Code, Article 4, Division 5, of the Hawai‘i County (Draft 2): Code 1983 (2005 Edition, as Amended), Relating to Off-Street Parking and Loading. {Relates to the required number and distribution of off-street parking and loading spaces for certain permitted uses under the Zoning Code.}; PC-28. AMENDED TO DRAFT 3 & POSTPONED DRAFTS 2 AND 3 TO THE NOVEMBER 7, 2007, COUNCIL MEETING Bill 175 Initiates a Charter Amendment to Article VI, Chapter 4, of the Hawai‘i County (Draft 2): Charter (2000), Establishing Windward and Leeward Planning Commissions. {Creates a windward and leeward planning commission based upon judicial districts and district boundaries set forth in Section 4-1(1), Hawai‘i Revised Statutes, with the Mayor appointing the remaining members in accordance with Section 13-4, Hawai‘i County Charter.}; and PC-47; and ST AMENDED TO DRAFT 3 & PASSED 1 READING: AYES: Council Members Ford, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 7. NOES: Council Member Ikeda – 1. ABSENT: Council Member Higa – 1. EXCUSED: None. Comm. 662.11: From Council Member K. Angel Pilago, dated September 27, 2007, transmitting a proposed amendment to Bill 175, Draft 2. Hawai‘i County Council-22 Page 11 October 17, 2007 Bill 177: Amends Chapter 24, of the Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Establishes a new bus stop location along Kamehameha Avenue for a limited time from 2 p.m. to 3 p.m. on school days.}; and PWIRC-37. ST PASSED 1 READING: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Higa – 1. EXCUSED: None. Bill 178: 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 ($50,423); appropriates same to Rescue Equipment-Private.}; and FC-181. ST PASSED 1 READING: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Higa – 1. 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 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 167 County Council Initiated: Amends Chapter 25, Zoning Code, Hawai‘i County (Draft 2): Code 1983 (2005 Edition, as Amended), Relating to Retail Establishments. {Proposed amendment to Chapter 25 would not permit “superstores” on Hawaiian Home Lands.}; and Bill 167: County Council Initiated: Amends Chapter 25, Zoning Code, Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to Retail Establishments. {Proposed amendment to Chapter 25 would not permit “superstores” in any zoning district. (“Superstore” means a business exceeding 90,000 gross square feet, offering for sale more than 25,000 different stock keeping units, and dedicating more than 20,000 gross square feet of floor area to the sale of groceries).} FILED DUE TO THE FOLLOWING VOTE: AYES: None. NOES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. ABSENT: None. EXCUSED: None. (Note: To be discussed if the motion for reconsideration {see Comm. 32.85} passes and the amendment {see Comm. 32.72} to Bill 167 fails upon reconsideration.) ; and Hawai‘i County Council-22 Page 12 October 17, 2007 Comm. 32.85: From Council Member Dominic Yagong, dated October 4, 2007, requesting reconsideration of the vote on the amendment to bill 167 which would ban superstores on Hawaiian Home Lands (as contained in Communication 32.72) ; and Comm. 32.72: From Council Member K. Angel Pilago, dated October 3, 2007, transmitting a proposed amendment relating to superstores shall not be permitted on Hawaiian Home Lands. Bill 168 Amends Chapter 2, Article 8, of the Hawai‘i County Code 1983 (2005 Edition), as (Draft 2): Amended, Relating to the Department of Research and Development by Deleting Article 8 and Adding a New Article to Establish a Sustainability Action Committee to Advise the Department of Research and Development. {If approved, this bill would replace an outdated ordinance with a current and relevant vehicle to guide the Department within a framework of sustainability.} 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 170 Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of (Draft 2): Hawai‘i for the Fiscal Year Ending June 30, 2008. {Increases revenues in Fund Balance from Prior Year – Designated ($12,855.24); appropriates to the following: Kohala Ranch Project IV ($11,110.75), Luala‘i at Parker Ranch Phase II ($1,504.54), and Wainani Estates Subdivision Phase 1 ($239.95), for a total of $12,855.24.} 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 171: 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 Coqui Frog Conference Fees ($30,000); appropriates same to Coqui Frog Conference. Funds would be used for registration fees, facility use, cost of meals, and other expenses of the First International Conference on the Coqui Frog to be held on February 7-9, 2008, in Waikoloa.} POSTONED TO THE NOVEMBER 7, 2007, COUNCIL MEETING Hawai‘i County Council-22 Page 13 October 17, 2007 Bill 172: Amends Chapter 19, Article 7, Section 19-53(a) of the Hawai‘i County Code 1983 (2005 Edition, as Amended), Real Property Taxes, Relating to Valuations. {Due to its unique characteristics, provides for special consideration in determining the values of properties in the Waikoloa Workforce 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 173: Amends Chapter 5 of the Hawai‘i County Code 1983 (2005 Edition, as Amended), Relating to Indigenous Architecture. {Establishes respect for the principles of indigenous architecture in the Building Code, encourages the preservation of existing structures that exhibit the principles of indigenous architecture, and encourages the development of new structures that incorporate indigenous architecture and provides for indemnification for the County under certain circumstances.} 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 174: 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 State Grants – Pāhoa Weed & Seed ($67,325); appropriates same to Pāhoa Weed & Seed.} 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 176 Amends Chapter 2 of the Hawai‘i County Code (2005 Edition, as Amended), (Draft 2): Establishing a New Article Relating to a Hawai‘i County Cultural Resources Commission. {Provides for the protection and preservation of historic properties and artifacts in the County and establishes the “Hawai‘i County Cultural Resources Commission”.} POSTPONED TO THE NOVEMBER 7, 2007, COUNCIL MEETING Hawai‘i County Council-22 Page 14 October 17, 2007 Bill 179: 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 Multiple Family Residential – 5,500 Square Feet (RM-5.5) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key:2-3-37:15 (approx. 1.278 acres). {Malulani, Inc., Applicant.} ND PASSED 2 & FINAL READING: AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Yagong – 1. EXCUSED: None. REPORTS FINANCIAL Monthly Financial Status Report from the Finance Department for the Month Ended REPORT: June 30, 2007. ACCEPTED FC-178 Recommends the acceptance of the following: a monetary donation of $25 to the (Comm. 678): Parks and Recreation Department to be used towards the maintenance of the Pana‘ewa Rainforest Zoo and Gardens, donated by The Fraternal Order of Eagles- Hilo Hawai‘i Aerie #3642; and land clearing “in-kind” services to the Fire Department to level an area for a fire truck shelter in Miloli‘i Village, donated by Mr. Julio Resureccion dba J.R. Bulldozing and Land Clearing (valued at $600). 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. 32.85: REQUEST FOR EXECUTIVE SESSION TO DISCUSS ISSUES OF LIABILITY AND COUNCIL JURISDICTION RAISED BY AN AMENDMENT TO BILL 167 (AS CONTAINED IN COMMUNICATION 32.72) From Council Member Dominic Yagong, dated October 4, 2007. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL ; and Comm. 32.72: From Council Member K. Angel Pilago, dated October 3, 2007, transmitting a proposed amendment relating to superstores shall not be permitted on Hawaiian Home Lands. Comm. 698: MATTHEW MARTIN ET AL. V. REED MAHUNA, ET AL., CIVIL NO. CV 06-00640 DAE/KSC From Deputy Corporation Counsel Michael J. Udovic, dated September 24, 2007. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Hawai‘i County Council-22 Page 15 October 17, 2007 Comm. 718: MITZI M. NAKANO V. COUNTY OF HAWAI‘I, ET AL., CIVIL NO.: 07-1-0042 From Deputy Corporation Counsel Katherine A. Garson, dated October 4, 2007. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, NOVEMBER 6, 2007 COMMITTEES TBA COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor WEDNESDAY, NOVEMBER 7, 2007 COUNCIL 9:00 a.m. COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor MONDAY, NOVEMBER 19, 2007 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, NOVEMBER 20, 2007 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA ADJOURNMENT 6:26 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 October 15, 2007. Persons using TDDs may call 961-8521. Copies of an item listed on the agenda may be viewed at the Hawai‘i County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawai‘i 96740; at the Office of the County Clerk at 333 Kīlauea Avenue, Hilo, Hawai‘i 96720; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawai‘i 96740; and at the Waimea Council Members' Office at the Holomua Center, 64-1067 Māmalahoa Highway, Suite 5, Waimea, Hawai‘i 96743. Videoconferencing is available at the following locations:  Hilo Council Room at the Ben Franklin Building, Second Floor; and  Waimea Council Office at the Holomua Center. Hawai‘i County Council-22 Page 16 October 17, 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 at any of the three sites 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, October 24, 2007, at 6 p.m.; Sunday, October 28, 2007, at 10:30 a.m.; and Wednesday, October 31, 2007, at 6 p.m.