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HomeMy WebLinkAboutAGE COUNCIL 11/10/2004 2002-2004 NiV oe N JAMES Y. ARAKAKI _ '4, AARON S.Y. CHUNG 6t~ LENINGRAD ELARIONOFF Chmrmnn & PresidLig O~e~r ~ i. FRED C HOLSCHUH, M.D. L CI;RTIS TYLER, III BOB JACOBSON L'irr (~hnirnm~~ oi,~~y~ 10E REYNOLDS GARY SAFARIK MICHAEL C TULANG COUNTY COUNCIL County ofHawai'i Hawaii County Building 25 Aupuni S[rc et Hilo, Hawaii 96720 4TH' Session ORDER OF BUSINESS ~ - Hawaii County Council Hilo, Hawaii - Wednesday, November 10, 2004 _ _ 9:00 a.m. _ INVOCATION Pastor Richard Uejo, KMC Chapel and Heritage Fellowship CALL'I'O ORDER ROLL. CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile commw~ication devices on silent mode.) Hnwai'i County is an Equal Opportunity Provider and Employer. Hawaii County Council-47 Page 2 November 10, 2004 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 248-04: Authorizes the Office of the Mayor to Enter into an Agreement with the State of Hawaii Department of Transportation, Pursuant to HRS 46-7, for a Repeat Offenders Project Grant for the Hawaii County Police Department. {Funds to be used to reduce major crashes and fatalities involving drivers with no valid driver's license. } Re: Comm. 795 Intr. by: Mr. Chung Approve: FC-329 Res. 249-04: Authorizes the Office of the Mayor to Enter into an Agreement with the State of Hawaii Department of Business, Economic Development, and Tourism, Pursuant to HRS 46-7, for a Geopowering the West Grant. {Funds to be used to establish a working group to support utilization of the direct use of geothermal heat by gathering and providing information from and to the community, the County government, and interest parties.} Re: Comm. 796 Intr. by: Mr. Chung Approve: FC-331 Res. 250-04: Authorizes the Office of the Mayor to Enter into an Agreement with the Hawaii Community Foundation, Pursuant to HRS 46-7, for the Community Oriented Policing Services (COPS) Grant for the Hawaii County Police Department in Connection with the Hawaii Island Meth Initiative. {Funds to be used to purchase needed equipment for the Hawaii County Police Department's Crime Laboratory and to train the Criminalists to assist the Department in its current "war" against the ice epidemic.; Re: Comm. 797 Intr. by: Mr. Chung Approve: FC-333 Hawaii County Council-47 Page 3 November 10, 2004 Res. 255-04: Amends Salary Ordinance No. 04-60 to Add Exempt Classes of Work for Persons Employed by the Office of the County Council and Office of Housing and Community Development Whose Pay is Not Otherwise Provided for; Re: Comm. 810 Intr. by: Mr. Chung (B/R) Waived: FC Deferred: October 20, 2004 and Res. 255-04 Amends Salary Ordinance No. 04-60 to Add Exempt Classes of Work for (Draft 2): Persons Employed by the Office of the County Council and Office of Housing and Community Development Whose Pay is Not Otherwise Provided for. Draft 2 adds the Election Clerk I position under Section 7.01 of the bill; Re: Comm. 810.1 Intr. by: Mr. Chung (B/R) Deferred: October 20, 2004 and Res. 255-04 Amends Salary Ordinance No. 04-60 to Add Exempt Classes of Work for (Draft 3): Persons Employed by the Office of the County Council and Office of Housing and Community Development Whose Pay is Not Otherwise Provided for. {Draft 3 amendments are as follows: deletes Legislative Analyst I, II, and III; deletes Council Services Supervisor, Council Services Assistant I and II, and Legislative Information and Reference Technician; and deletes related information in the recitals. } Re: Comm. 8103 Intr. by: Mr. Chung Deterred: October 20, 2004 (Note: There is a pending motion by Mr. Chung and duly seconded by Mr. Jacobson to approve Resolution 255-04; and a pending motion by Mr. Chung and duly seconded by Mr. Jacobson to amend Resolution 255-04 with Draft 2; and Resolution 255-04, Draft 2, was further amended to Draft 3 on October 20, 2004.) Res. 256-04: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $74,500 out and from the Clerk -Council Services - Contingency Relief account; credits same to the'Fransfer to Capital Improvement Project Fund account. Funds to be used for facility repairs to Harold FI. Higashihara Park. } Re: Comm. 802 Intr. by: Mr. Reynolds Waived: FC Hawaii County Council-47 Page 4 November 10, 2004 Res. 257-04: Recobmizes November 2004 as Alternative Dispute Resolution Month in the State of Hawaii. {Supports the efforts of the Center for Alternative Dispute Resolution in helping mediate complex litigation, and administrative and judicial disputes that affect the public interest or that involve agencies of state and local governments. } Re: Comm. 827 Intr. by: Mr. Chung Waived: FC Res. 261-04: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s); ;Transfers/appropriates $99,500 out and from Clerk Council Services -Contingency Relief account; credits same to Transfer to Capital Improvement Project Fund account which includes the following projects -Repairs to Facilities for the Pana'ewa Equestrian Center ($49,500) and Machado Acres Park ($50,000), for a total of $99,500.} Re: Comm. 835 Intr. by: Mr. Arakaki Waived: FC Res. 264-04: Affirms the Continued Civil Service Status of Certain Positions in the Office of the County Clerk/Council. {Includes the council services supervisor positions, council services assistant positions, and the legislative information and reference technician position. } Re: Comm. 841 Intr. by: Mr. Arakaki, Mr. Tyler, Mr. Chung, Mr. Elarionoff, Mr. Holschuh, Mr. Jacobson, Mr. Reynolds, Mr. Safarik, and Mr. Tulang Waived: FC Res. 265-04: Creates a Deputy Corporation Counsel Position for the Office of the Corporation Counsel. {Position will mitigate the workload of all attorneys, allowing each attorney to focus on their County clients by providing further training and updating out-of-date regulations, forms, and contracts and projects such as risk management, standardizing County contracts, and reviewing and updating department and County-wide policies and procedures, and to specialize in needed areas (such as labor litigation and personnel law)}; Re: Comm. 842 Intr. by: Mr. Chung Waived: FC acrd Comm. 842.1: From Corporation Counsel Lincoln S. T. Ashida, dated October 28, 2004. Hawaii County Council-47 Page 5 November 10, 2004 Res. 26G-04: 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-Counci] Services - Contingency Relief account; credits same to Clerk-Council Services Other Current Expense Equipment account. Funds to be used to purchase handheld wireless microphones to facilitate public testimony at Council meetings and public hearings. } Re: Comm. 843 In[r. by: Mr. Tyler Waived: FC Res. 267-04: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $25,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Friends of the Park -Miscellaneous Charges. Funds to support park beautification activities for Friends of the Park in Kona. } Re: Comm. 844 Intr. by: Mr. Tyler Waived: FC Res. 268-04: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $107,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Impact Fees Needs Assessment Study. These studies are required pursuant to Section 46-143, Hawaii Revised Statutes, prior to the adoption of an impact fee ordinance, which will provide a valuable and accountable planning tool for our County.} Re: Comm. 845 Intr. by: Mr. Tyler Waived: FC Res. 269-04: Requests the Supreme Court of the State of Hawaii to Render an Expedited Decision in the Appeal of Civil Case No. 00-1-0192K, Walter John Kelly et. al. vs. 1250 Oceanside Partners et. al. {Expresses the Council's interest in a prompt, clear and conclusive resolution to this lawsuit.} Re: Camm.846 Intr. by: Mr. Elarionoff Waived: PC Hawaii County Council-47 Page 6 November 10, 2004 BILLS FOR ORDINANCES (FIRST READING) Bill 49 Amends Chapter 19, Articles 1,7 and 8 of the Hawaii County Code 1983 (Draft 3): (1995 Edition), Relating to Real Property Tax Definitions; Non-Dedicated Agricultural Use Assessment and Agricultural Use Dedication. {Proposes amendments to real property tax provisions to support the agriculture industry through property tax incentives, and to close loopholes that enable some non- farmers to take advantage of tax provisions intended to help the agriculture industry. } ; Re: Comm. 118.6 Intr. by: Mr. Chung (B/R) Approve: FC-338 and Comm. 71836: From Finance Committee Chair Aaron S. Y. Chung, dated October 20, 2004; and Comm. l 1837: From Council Member Michael C. Tulang, dated October 27, 2004; and Comm. l 1838: From Council Vice Chair J. Curtis Tyler, III, dated October 28, 2004, transmitting Bill 49, Drafr 4. The major differences between Draft 4 and Draft 3 include the following: 1) adds a definition for "agricultural use value"; 2) adds a definition for farm dwelling; 3) changes the valuation method for determining farm dwelling site to the highest commercial agriculture use value and limits assessment of site to one-fourth acre; and 4) consequently eliminates ability of home site on non-dedicated and commercial dedicated agriculture lands to qualify for Homeowner Class; and Bill 49 Amends Chapter 19, Articles 1,7 and 8 of the Hawaii County Code 1983 (Draft 4): (1995 Edition), Relating to Real Property Tax Definitions; Non-Dedicated Agricultural Use Assessment and Agricultural Use Dedication. Intr. by: Mr. Chung and Mc Tyler Bill 248 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Draft 4): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural 1-Acre (A-la), Neighborhood Commercial - 40,000 Square Foot (CN-40), Single Family Residential - 7,500 Square Foot and 10,000 Square Foot (RS-7.5 and RS-10) and Open (O) to Project District at South Hilo, Hawaii, Covered by Tax Map Key 2-3-44:19, 2-3-49:53 and 2-3-37:1 (171.504 acres). {Western United Life Assurance Company, Applicant. } Re: Comm. 560.42 Intr. by: Mr. Elarionoff Approve: PC-117 Hawaii County Council-47 Page 7 November 1Q 2004 Bill 327 Amends Ordinance No. 91-71, Which Amended Ordinance No. 89-54, Which (Draft 2): Reclassified 2.23 Acres of Land from a Multiple Family Residential 1,000 Square Foot (RM-1) to a Resort-Hotel 1,000 Square Foot (V-1) District at Puaa 2nd, North Kona, Hawaii, Covered by Tax Map Key 7-5-9:40 (approx. 2.23 acres). {Kona Oasis, Inc., Applicant.}; Re: Comm. 770.3 Intr. by: Mr. Elarionoff Approve: PC-110 Deferred: October 20, 2004 and Bill 327 Amends Ordinance No. 9]-71, Which Amended Ordinance No. 89-54, Which (Draft 3): Reclassifted 2.23 Acres of Land from a Multiple Family Residential 1,000 Square Foot (RM-1) to a Resort-Hotel 1,000 Square Foot (V-1) District at Puaa 2nd, North Kona, Hawaii, Covered by Tax Map Key 7-5-9:40 (approx. 2.23 acres). {Kona Oasis, Inc., Applicant.}. (Drafr 3 amends Condition B re the effective date of final plan approval.); Re: Comm. 770.6 Intr. by: Mr. Elarionoff Deferred: October 20, 2004 and Comm. 770.5: From Planning Consultant Sidney M. Fuke, dated October 22, 2004; and Comm. 770.7: From Richard T. Denison, dated October 19, 2004; and Comm. 770.8: From Council Vice Chair J. Curtis Tyler, III, dated October 29, 2004. (Note: There is a pending motion by Mr. Elarionoff and duly seconded by Mr. Holschuh to approve Bill 327, Draft 2; and Bill 327, Draft 2, was further amended to Draft 3 on October 20, 2004.) Bill 329 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (Draft 2): Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-20a) to Agricultural (A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-27:21 (approx. 20.992 acres). {Thad E. Bond, Applicant.} Re: Comm. 786.1 Intr. by: Mr. Elarionoff Approve: PC-112 Hawaii County Council-47 Page 8 November 10, 2004 Bill 341 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (Draft 2): Chapter 25 (Z,oning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-20a) to Family Agricultural (FA-3a) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-25:7 (approx. 20.477 acres). {Phil Knierim, Applicant. } Re: Comm. 787.1 Intr. by: Mr. Elarionoff Approve: PC-113 Bill 342: Amends the State Land Use Boundaries Map, H-7 for the County of Hawaii, by Changing the District Classification from the Agricultural to the Urban District at Kalaoa 1st and 2nd, North Kona, Hawaii, Covered by Tax Map Key 7-3-011:068 (approx. 1.8628 acres). {Lilian Mahi, Applicant.} Re: Comm. 788 Intr. by: Mr. Elarionoff Approve: PC-114 Bill 343 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural - 5 Acres (A-Sa) to Single Family Residential - 20,000 Square Feet (RS-20) at Kalaoa 1st and 2nd, North Kona, Hawaii, Covered by Tax Map Key 7-3-011:068 (approx. 1.8628 acres). {Lilian Mahi, Applicant. } Re: Comm. 788.1 [na. by: Mr. Elarionoff Approve: PC-115 Bill 344 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Neighborhood Commercial (CN-10) to Industrial- Commercial Mixed (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-32:93 (approx. 59,356 square feet). {WKSP Limited Partnership, Applicant.} Re: Comm. 793.1 Intr. by: Mr. Elarionoff Approve: PC-116 Hawaii County Council-47 Page 9 November 1Q 2004 Bill 345: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants -Repeat Offenders Project ($16,800); appropriates same to Repeat Offenders Project.} Re: Comm. 795 Intr. by: Mr. Chung Approve: FC-330 Bill 346: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants - Geopowering the West ($9,560); appropriates same to Geopowering the West.} Re: Comm. 796 Intr. by: Mr. Chung Approve: FC-332 Bill 347: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants -Community Oriented Policing Services -Police ($200,000); appropriates same to Community Oriented Policing Services - Police.} Re: Comm. 797 Intr. by: Mr. Chung Approve: FC-334 Bill 348 Amends Ordinance No. 04-59 of the County of Hawaii on May 19, 2004 (Draft 2): Relating to the Issuance of General Obligation Bonds for the Purpose of Financing Various Public Improvements for the County of Hawaii. {Proceeds to be apportioned as follows: North and South Kona ($23,000,000); South Kohala ($10,000,000); Puna ($7,000,000); four park-and-ride facilities in Hamakua, South Kona, North Kona, and Puna ($1,500,000); Sand Gulch by-pass road in Hamakua ($2,400,000); Laupahoehoe Point emergency access road ($100,000); transportation enhancement projects in Hilo ($1,000,000); and island wide facility planning efforts to include $2,000,000 for the identification of roadway corridors, wastewater facilities planning and expansion, solid waste facilities planning and implementation and multimodal transportation planning and implementation, for a total bond authorization of $47,000,000. Re: Comm. 798.7 Intr. by: Mr. Chung Approve: FC-335 and (Cornrn. 798.8 continues on the next page.) Hawaii County Council-47 Page 10 November 1Q 2004 Comm. 798.8: From Rick Berman, President, Paauilo Mauka-Kalopa Community Association, dated October 22, 2004; and Comm. 798.9: From Council Chair James Y. Arakaki, dated October 23, 2004. Bill 349: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Fund Balance from Previous Year ($298,200); appropriates same to Highway Maintenance Administration Equipment. Funds to be used for the purchase of seven 6-passenger dump trucks with radio accessories for the new additional positions being requested (ref. to Res. 225-04 and Bill 310) and will be funded from the available fund balance.} Re: Comm. 803 Intr. by: Mr. Chung Approve: FC-336 Bill 350: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Fund Balance from Previous Year ($3,217,488); appropriates to [he following: Research and Development Salaries and Wages ($37,488), Building Repair and Maintenance Other Current Expense ($80,000), Transfer to Capital Project Fund -General Fund ($600,000), Transfer to Self Insurance Fund ($2,500,000), for a total of $3,217,488. Pursuant to Section 10-8 of the Hawaii County Charter relating to supplemental appropriations, certifies there is an excess balance of $6,697,734.37 in the General Fund fund balance as of June 30, 2004 and, therefore, proposes to fund a portion of this amount for the above projects. Re: Comm. 804 Intr. by: Mr. Chung Approve: FG337 arad Comm. 804.14: From Council Chair James Y. Arakaki, dated October 28, 2004, transmitting Bill 350, Draft 2. Drafr 2 increases the Fund Balance appropriation by $2,000,000 and increases the expenses to the Planning Department for $2,000,000 to conduct Community Development Plans around the island reflecting the future character of the districts, community values, its goals and its interrelationship with other districts; and (Bill 350, Draft Z, continues on the next page.) Hawai' i County Council-47 Page 11 November 10, 2004 Bill 350 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the (Draft 2): County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Fund Balance from Previous Year ($5,217,488); appropriates to the following: Research and Development Salaries and Wages ($37,488), Building Repair and Maintenance Other Current Expense ($80,000), Transfer to Capital Project Fund -General Fund ($600,000), Transfer to Self Insurance Fund ($2,500,000), and Planning Other Current Expense Miscellaneous Contract Services ($2,000,000), for a total of $5,217,488.} Re: Comm. 804 Intr. by: Mr. Chung Approve: FC-337 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 175 Amends Chapter 19 of the Hawaii County Code 1983 (1995 Edition), Rea] (Draft 5): Property Taxes, Relating to Valuation. {Limits the increase in the market value of properties in the homeowners class to not more than 3% per tax year until the property is sold or otherwise transferred. Re: Comm.39S.6 Intr. by: Mr. Chung (B/R) 1" Reading: October 20, 2004 and Comm. 395.7: From Marshall Blann, dated October 23, 2004. Bill 176 Amends Chapter 19 of the Hawaii County Code 1983 (1995 Edition), Rea] (Draft 3): Property Taxes, Relating to Nonspeculative Residential Use Assessment. {Reduces the nonspeculative residential use dedication from ten years to five years, and reduces the corresponding rollback provisions by five years. } Re: Comm. 394.8 Intr. by: Mr. Chung (B/R) 1 Reading: October 20, 2004 Hawaii County Council-47 Page 12 November 10, 2004 Bill 280 Amends Chapter 3, of the Hawaii County Code, by Repealing Article ] -Relating (Draft 7): to Signs, Adding a New Article 1 -Relating to Signs, and Amends Article 2 - (1996-1998) Relating to Kailua Village Signs. {Major changes involve or include but are not limited to the following items or subjects regarding Article 1: Hawaii County Code -Chapter 3, Article 1, Advertising & Signs, Summary of Allowable Signs - Prohibi[ed Signs (al] districts); Exempt Signs (allowed without a permit in all districts); Signs Allowed With Permits (all districts); Signs Allowed with Permits - Residential Districts (RS, RD, RM); Signs Allowed with Permits - Commercial/Industrial Districts (RCX, V, CN, CG, CV, MCX, ML, MG); Signs Allowed with Permits -Agricultural/Open Districts (RA, FA, A, IA, O). Major changes involve or include but are not limited to the following items or subjects regarding Article 2, Advertising & Signs, Kailua Village Special Design District - Signs Allowed With Permits; Prohibited Signs (in addition to Article 1); and Exempt Signs (in addition to Article 1). Draft 7 amends provisions relating to purpose, definitions, temporary painted window signs, directory signs, nonconforming signs, administrative enforcement, Kailua Village guidelines for review, permissible signs, effective date, etc.}; Re: Comm. 42.64 Intr. by: Mr. Tyler 1"Reading: October 20, 2004 and Comm. 42.72: From Council Vice Chair J. Curtis Tyler, III, dated October 29, 2004; and Comm. 42.73: From Marie Aguilar, President, Kailua Village Merchants Association Kona Marketplace, dated October 22, 2004; and Comm. 42.74: From Public Works and Intergovernmental Relations Committee Member J. Curtis Tyler, III, dated October 29, 2004, transmitting Bill 280, Draft 8. The changes between Drafr 8 and Draft 7 include provisions relating to: balloons, airplanes banners, the definition of the "Kailua Industrial Subdivision", window signs, spherical signs, banner permits, enforcement and directory signs; and Bill 280 Amends Chapter 3, of the Hawaii County Code, by Repealing Article 1 -Relating (Draft 8): to Signs, Adding a New Article 1 -Relating to Signs, and Amends Article 2 - (1996-1998) Relating to Kailua Village Signs. {Major changes involve or include but are not limited to the following items or subjects regarding Article L Hawaii County Code -Chapter 3, Article 1, Advertising & Signs, Summary of Allowable Signs - Prohibited Signs (all districts); Exempt Signs (allowed without a permit in all districts); Signs Allowed With Permits (all districts); Signs Allowed with Permits - Residential Dishicts (RS, RD, RM); Signs Allowed with Permits - Commercial/Industrial Districts (RCX, V, CN, CG, CV, MCX, ML, MG); Signs Allowed with Permits -Agricultural/Open Districts (RA, FA, A, IA, O). Major changes involve or include but are not limited to the following items or subjects regarding Article 2, Advertising & Signs, Kailua Village Special Design District - Signs Allowed With Permits; Prohibited Signs (in addition to Article 1); and Exempt Signs (in addition to Article 1). Intr. by: Mr. Tyler Hawaii County Council-47 Page 13 November 10, 2004 Bill 320 Amends Chapter 19 of the Hawaii County Code 1983 (1995 Edition), as (Draft 4): Amended, Real Property Taxes, Relating to Home Exemptions. {Improves and clarifies definition of "principal home" and creates an additional exemption of 20% of the pre-exemption assessed value to a minimum of $80,000 for those eligible for home exemptions.} Re: Comm. 753.4 Intr. by: Mr. Chung 1" Reading: Oetober20,2004 Bill 322: Amends Ordinance No. 04-74, as Amended, the Operating Budge[ for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Contribution from Private Source ($10,000); appropriates same to Computer Recycling Grant Private.} Re: Comm. 759 Intr. by: Mr. Chung 1" Reading: October 20, 2004 Bill 323 Amends Chapter 24 of the Hawaii County Code 1983 (1995 Edition) Relating (Draft 2): to Vehicles and Trafftc. {Requests a Yield sign be installed along Ka'apahu Road on the east (Hilo) side of Kalopa Gulch Bridge, as the roadway width between the bridge and the top of the gulch is not wide enough for two-way traffic. Re: Comm. 761.1 Intr. by: Mr. Safarik 1 Reading: October 20, 2004 and Comm. 761.2: From Public Works Director Bruce C. McClure, P.E., dated October 13, 2004, transmitting Bill 323, Draft 3. Draft 3 contains the proper spelling of Hawaiian words and includes the macrons and glottal stops that were not provided in Draft l; and Bill 323 Amends Chapter 24 of the Hawaii County Code 1983 (1995 Edition) Relating (Draft 3): to Vehicles and Traffic. Intr. by: Mr. Safarik Bill 324 Amends Chapter 18 of the Hawaii County Code 1983 (1995 Edition), Relating (Draft 3): to Public Transportation. {Allows Transit Administrator to establish bus fares on a temporary basis for bus routes and services; and 2) Designates the Kona district between Kalaoa and Kealia as a transportation free zone. } Re: Comm. 766.2 Intr. by: Mr. Tyler and Mr. Safarik 1"Reading: October 20, 2004 Hawaii County Council-47 Page 14 November 10, 2004 Bill 325 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (a-Sa) to Family Agricultural (FA-3a) at Honuaula, North Kona, Hawaii, Covered by Tax Map Key 7-5-24:25 (approx. 6.069 acres). {Mitsugi Komo Revocable Trust, Applicant.} Re: Comm. 768.2 Intr. by: Mr. Elarionoff 1" Reading: October 20, 2004 Bill 326 Amends Section 2-8-8 (Upolu Point - Kaauhuhu Homesteads Zone Map), (Draft 2): Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural - 20 Acre (a-20a) to Family Agricultural - 1 Acre (FA-la) at Kokoiki, North Kohala, Hawaii, Covered by Tax Map Key 5-5-4:33 (approx. 3.936 acres). {Alyssa Ackerman, Applicant. } Re: Comm. 769.2 Intr. by: Mr. Elarionoff 1" Reading: October 20, 2004 Bill 328: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii far the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants -Volcano Fire Truck ($250,000); appropriates same to Volcano Fire Truck -Federal. Additional County funding is needed to complete the purchase of a structural fire engine for Fire Station 19 (Volcano).} Re: Comm. 771 Intr. by: Mr. Chung P' Reading: October 20, 2004 Bill 330: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds PUBLIC WORKS: Old Volcano Trail, Kea`au Town to Hawaii Volcanoes National Park -Federal ($100,000); funds to be provided from Federal Grants Receivable ($100,000). Funds to be used to address the resource management needs relating to expanding access to the Hawaii Volcanoes National Park including the planning and design of the Old Volcano trail for tourism and recreational travel. } Re: Comm. 773 Intr. by: Mr. Chung 1 Reading: October 20, 2004 2/3 Vole: Section 10-6(d), Hawai`i County Charter Hawaii County Council-47 Page 15 November 10, 2004 Bill 33 ] : Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Fund Balance from Prior Year -Reserved ($261,239.24); appropriates same Co Transfer to Capital Project Fund. Funds are excess fuel tax revenues collected in FY 2003-2004.} Re: Comm. 774 Intr. by: Mr. Chung l~' Reading: October 20, 2004 Bill 332: Amends Ordinance No. 04-75, as Amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004, to June 30, 2005. {Establishes the following program appropriations: Transportation Equity Act for the 21" Century (TEA-21) Projects (Federal Aid), which includes the following projects - Kawailani Bridge Replacement, Ali`i Highway, Mohouli Extension, and Puainako Extension ($216,061.79); and Local Road Improvements, which include the fallowing road improvements -Puna ($51,444.31), South Hilo ($54,145.09), North Hilo ($9,917.24), Hamakua ($79,856.08), North Kohala ($8,318.38), South Kohala ($22,427.21), North Kona ($25,236.02), South Kona ($6,633.10), and Ka'u ($18,084.37), for a total of $216,061.80 and a combined total of $432,123.59. Funds are excess fuel tax revenues collected from 2002-2004, which exceeded the $6,000,000 of projected revenues established by Ordinance 03-62 by $432,123.59. } Re: Comm. 775 Intr. by: Mr. Chung (B/R) 1"Reading: October 20, 2004 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 333: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Fund Balance from Prior Year- Designated ($1,345.76); appropriates to The following: Bayview Estates ($115.94), Bay Club Waikoloa ($1.76), Kahakai Subdivision ($1.42), Manini`owali Project ($325.35), Pualani Estates Subdivision ($625.56), and Ali`i Cove ($276.33), for a total of $1,345.76. Funds are the in-lieu fees and interests income from the fund balance account of the County Housing Revolving Fund to the individual accounts. } Re: Comm. 776 Intr. by: Mr. Chung 1" Reading: October 20, 2004 Hawaii County Council-47 Page 16 November 10, 2004 Bill 334: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Federal Grants -Traffic Training and Equipment ($12,475); appropriates same to Traffic Training and Equipment. Funds to be used to reduce the number of alcohol related fatalities and injuries, increase public awareness, and provide a constant deterrence against drunk driving. } Re: Comm. 777 Intr. by: Mr. Chung 1" Reading: October 20, 2004 Bill 335: Amends Ordinance No. 04-74, as Amended, the Operating Budget For the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Federal Grants -Click It or Ticket Program ($444); appropriates same to Click It or Ticke[ Program. Funds to be used to reduce the fatalities and injuries to front seat occupants and rear seat occupants aged 17 and under, of motor vehicle collisions by improving awareness of state laws.} Re: Comm. 778 Intr. by: Mr. Chung 1" Reading: October 20, 2004 Bill 336: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Federal Grants -Occupant Protection Program ($10,000); appropriates same to Occupant Protection Program. Funds to be used to reduce the fatalities and injuries to front seat occupants and rear seat occupants aged 17 and under, of motor vehicle collisions by increasing the usage rate of seat belts. } Re: Comm. 779 Intr. by: Mr. Chung 1 s' Reading: October 20, 2004 Bill 337 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County (Draft 2): of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Federal Grants -Speed Enforcement ($22,400); appropriates same to Speed Enforcement. Funds to be used to reduce the number of motor vehicle collisions resulting in injuries and fatalities caused by speeding drivers.} Re: Comm. 780.1 Intr. by: Mr. Chung 1 Reading: October 20, 2004 Hawaii County Council-47 Page 17 November 10, 2004 Bill 338: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants -Community Based Traffic Coordinator ($52,000); appropriates same to Community Based Traffic Coordinator. } Re: Comm. 781 Intr. by: Mr. Chung 1 Reading: October 20, 2004 Bill 339: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants -Hawaii County Police Department Roadblock Program 38,700); appropriates same to Hawaii County Police Department Roadblock Program. } Re: Comm. 782 Intr. by: Mr. Chung 191 Reading: October 20, 2004 Bill 340: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants - Hawaii County Police Department Data Grant ($10,000); appropriates same to Hawaii County Police Department Data Grant.} Re: Comm. 783 Intr. by: Mr. Chung 151 Reading: October 20, 2004 Bill 352: Amends Chapter 21, of the Hawaii County Code 1983 (1995 Edition), Relating to Sewer Service Charges. {Allows sewer customers to document accurate readings of discharge into the County sewer system and for customers to be charged only for the amount actually discharged into the County system. Re: Comm. 808 Intr. by: Mr. Tyler 1"Reading: October 2Q 2004 and Comm. 808. I : From Environmental Management Director Barbara Bell, dated October 28, 2004. Hawaii County Counci]-47 Page 18 November 10, 2004 Bill 353: Amends Ordinance No. 04-74, as Amended, the Operating Budget For the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in 'Transfer from General Fund ($4,000); appropriates same to Recycling Program. } Re: Comm. 809 Intr. by: Mr. Tyler 1"Reading: October 20, 2004 RENORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPOR'I~: Month Ended August 31, 2004. FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ended September 30, 2004. REFERRALS FOR EXECUTIVE SESSION (the purpose of the meeting is to consult with Corporation Counsel relating to matters involving potential County liability, as authorized by Sections 92-4 and 92-5, HRS. Note: 2/3 Vote -Pursuant to p92-4, HRS, and Rule 12 of Rules of Procedure of the County Council.) Comm. 752.1: EMORY SPRINGER V. COUNTY OF HAWAIh CIVIL NO. 02-00289 HG/KSC From Deputy Corporation Counsel Katherine A. Garson, dated October 19, 2004. Comm. 828: CLAIM AGAINST THE COUNTY/JEANNE L. BALOG From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 25, 2004. Comm. 833: CLAIM AGAINST THE COUNTY/MARK A. HARRELL From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 27, 2004. Comm. 428.2: KEALOHA M. J. WELLS, ET AL., V. MARK FARIAS, ET AL., CIVIL NO. 02-1-0149K From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 29, 2004. Hawaii County Council-47 Page 19 November ]0, 2004 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, NOVEMBER 9, 2004 PUBLIC' WORKS & 9:00 a.m. COUNCIL ROOM IN7"ERGOVERNMENTAL RELATIONS COMMITTEE FINANC'F. COMMITTEE 9:30 a.m. COUNCIL ROOM PARKS & ENVIRONMEN"FAL 11:00 a.m. COUNCIL ROOM MANAGEMENT COMMITTEE PLANNING COMM17"PEE 1:00 p.m. COUNCIL ROOM HOUSING AGENCY 3:00 p.m. COUNCIL ROOM HUMAN SERVICES AND ECONOMIC 3:30 p.m. COUNCIL ROOM DEVELOPMENT COMMITTEE TUESDAY, NOVEMBER 23, 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, NOVEMBER 24, 2004 COUNCIL 9:00 a.m. OHANA KEAUHOU BEACH RESORT MONDAY, DECEMBER 6, 2004 C'OUNC'IL SINE DIE 10:00 a.m. COUNCIL ROOM COUNCIL NEW 3:00 p.m. COUNCILROOM Hawaii County Council-47 Page 20 November 10, 2004 STATEMENTS FROM THE PUBLIC/ADJOURNMENT (Nate: B/R, as listed next to the name of an Infroducer, signifies that the Council Member has agreed to introduce legislation "by Request' and on behalf of the requesting party; however, it does not necessarily signify their support of or opposition to the proposal.) the meeting place is accessible for persons with physical disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by November 8, 2004. Persons using TDDs may call 961-8521. ~~hose desiring to speak on matters listed on the Order of Business must register at the County C'lerk's Office prior to the convening of the meeting. Copies may be viewed at the Hawaii County Services Office at 75-5706 Kuakini IIighway, Suite ]03, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawaii 96720; and the County Council's Kona Branch Office at 77-6399 Nalani Street, Suite 104, Kailua-Kona, I[awai`i 96740. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, November 17, 2004, at 6 p.m.; Sunday, November 21, 2004, at 10:30 a.m.; and Wednesday, November 24, 2004, at 6 p.m.