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HomeMy WebLinkAboutAGE COUNCIL 06/05/2002 2000-2002 JAMES Y. ARAKAKI p`•Y °6" AARON S.Y. CHUNG Chairman & PresidingO~cer ~ 4 LENINGRAD ELARIONOFF •s °•F JULIE JACOBSON J. CURTIS TYLER, Ill ~ BOBBY JEAN LEITI-iEAD-TODD Vice Chairman oi'• ~!':'•J,~°v`~ NANCY PISICCI110 rp ~•~p GARY SAFARIK DOMINIC YAGONG COUNTY COUNCIL County of Hawaii Hawai `i Counry Building 25 Aupuni Street Hilo, Hawai `i 96720 38th Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, June 5, 2002 9:00 a.m. INVOCATION Pastor Richard Uejo of the KMC Chapel & Heritage Fellowship CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES April 17 and May 1, 2002 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County Council-38 Page 2 June 5, 2002 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM TIIE PUBLIC ON ITEMS LISTED ON TIIE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. l 80-02: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year (Draft 4) for animal control services. {While the County has issued a Request for Proposals (RFP) seeking to contract with an organization to provide animal control services, this measure authorizes the term of the contract for a period up to June 30, 2005, with the option of extending the contract in increments of two one-year periods ending June 30, 2007.} Re: Comm. 545.9 Intr. by: Ms. Pisicchio Approved: FC-237 Res. 203-02: Authorizes the partial release of a drainage easement on property owned by (Draft 2) Mauna Kea Agribusiness, Co., Inc., TMK:(3) 9-6-12:Portion of 12 (Parcel 6). {Pa`au`au Stream Flood Control Project.} Re: Comm. 594.1 Intr. by: Mr. Elarionoff Approved: PWIRC-44 Res. 204-02: Authorizes the partial release of a drainage easement on property owned by (Draft 2) Albert Galimba Revocable Living Trust and Mildred K. Galimba Revocable Living Trust, TMK:(3) 9-6-S:Portion of 46 (Parcel 7). {Pa`au`au Stream Flood Control Project.} Re: Comm. 595.1 Intr. by: Mr. Elarionoff Approved: PWIRC-45 Res. 207-02: Authorizes the Director of Finance to negotiate a 20-year lease of the East Hawaii (Draft 2) Cultural Center to the East Hawaii Cultural Council (with renewal options of two 5-year periods). Re: Comm. 604.2 Intr. by: Mr. Chung Approved: FC-228 I-[awai`i County Council-38 Page 3 June 5, 2002 Res. 208-02: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for the renewal of the Office of the Corporation Counsel Family Support Division's Kona office lease. Re: Comm. 605 Intr. by: Mr. Chung Approved: FC-229 Res. 210-02: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for six (6) refuse trailers for the Department of Environmental Management -Solid Waste Division. Re: Comm. 621 Intr. by: Mr. Chung (B/R) Approved: FC-231 Res. 211-02: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for one (1) compactor for the Department of Environmental Management -Solid Waste Division. Re: Comm. 622 Intr. by: Mr. Chung (B/R) Approved: FC-232 Res. 212-02: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year (Draft 2) for four (4) truck tractors for the Department of Environmental Management -Solid Waste Division. Re: Comm. 623.1 Intr. by: Mr. Chung Approved: FC-233 Res. 213-02: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for one (1) dozer for the Department of Environmental Management -Solid Waste Division. Re: Comm. 624 Intr. by: Mr. Chung (B/R) Approved: FC-234 Hawaii County Council-38 Page 4 June 5, 2002 Res. 214-02: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for amulti-year subscription agreement to Westlaw for the Office of the Prosecuting Attorney. Re: Comm. 625 Intr, by: Mr. Chung Approved: FC-235 Res. 218-02: 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 from the Clerk-Council Services Other Current Expenses account; credits same to the Culture & Arts Class/Activity account.} Re: Comm. 643 Intr. by: Mr. Chung Waived: FC Res. 219-02: Determines the Real Property Tax Rates for the County of Hawaii for the Fiscal Year July 1, 2002 to June 30, 2003. Re: Comm. 648 Intr. by: Mr. Chung Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 197: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. {Chapter 24, article 10, division 2, section 24-274.1, schedule 22.1 (traffic signal systems), subsection (c) South Hilo, deletes item number (28) - Waianuenue/Hilo Hospital.} Re: Comm. 557 Intr. by: Mr. Elarionoff Approved: PWIRC-46 Hawaii County Council-38 Page 5 June 5, 2002 Bill 215: Authorizes the issuance of General Obligation Bonds of the County of Hawaii in a principal amount not to exceed $259,200.00 for the purpose of financing a portion of the costs of constructing a replacement waterline for the Happy Homes Subdivision and to secure the payment of a loan by the United States of America, Department of Agriculture; and fixing the form, denomination, and certain details of such bonds, and providing for its sale. Re: Comm. 626 Intr. by: Mr. Chung Approved: FC-236 Bill 223: Amends Chapter 12 ofthe Hawaii County Code 1983 (1995 Edition), as amended, relating to Improvement Districts. {These major amendments address: 1) A clearly understandable definition of an "assessment unit"; 2) Procedural clarity regarding public notice to property owners subject to proposed assessments; 3) Clarification of formal objection to a proposed improvement district and the consideration of objections by the Council; 4) Determination that an apartment or unit of a condominium property regime may be counted as a separate parcel of land for the purpose of levying a special assessment in an improvement district; 5) Authorization for the director of public works and the department of water supply manager to award contracts in accordance with the State procurement code; 6) Allowance for issuance of a bond to secure a federal loan and the repayment of the principal of such bonds over a period not to exceed 35 years; 7) Elimination of language relating to the award of a contract extending beyond the fiscal year of contract issuance; and 8) Authorization for the director of finance, upon termination of an improvement district, to issue any cash refunds to the property owner(s) of record at the time the director of finance authorizes such refund. } Re: Comm. 637 Intr. by: Mr. Tyler Waived: FC Bill 225: Amends Ordinance No. 01-56, as amended, relating to Public Improvements and Financing thereof for the Fiscal Year July 1, 2001 to June 30, 2002. {Increases the PUBLIC WORKS DEPARTMENT Pu`ainako Street Extension -State ($1,405,000); funds to be provided by State Grants Receivable ($1,405,000).} (This work involves the completion of the University of Hawaii at Hilo, University Park, Phase IIB, Water System Improvement project which was initially started by the State but then delayed by the damages caused by the November 2000 flood. Due to the overlapping work areas and scheduling conflicts between the State and County's Pu`ainako Street Extension project contractors, it was agreed that the County would complete the waterline work with State Funding.) Re: Comm. 646 Intr. by: Ms. Leithead-Todd Waived: FC Hawaii County Council-38 Page 6 June 5, 2002 Bill 226: Amends Ordinance No. Ol -56, as amended, relating to Public Improvements and Financing thereof for the Fiscal Year July 2001 to June 30, 2002. {Increases the PUBLIC WORKS DEPARTMENT Pahoa Mainstreet Parcel -Land Acquisition ($150,000); funds to be provided by State Grants Receivable ($150,000).} (Pursuant to Act 28 ] , SLH 2000, item 25 [under K. Government-wide Support], the State's Capital Improvement Project List includes the appropriation of the funds to the County of Hawaii for the purchase of a parcel in Pahoa.) Re: Comm. 647 Intr. by: Mr. Safarik Waived: FC ORDER OF TIIE DAY (SECOND OR FINAL READING) Bill 181: Establishes an Operating Budget for the County of Hawaii for the fiscal year July 1, (Draft 3) 2002 to June 30, 2003. {Proposed $205,387,171 Operating Budget for the County of Hawai`i.} Re: Comm. 533.20 Intr. by: Mr. Chung Deferred: May 15, 2002 1 S` Reading: May 28, 2002 Bill l 82: Relates to Public Improvements and financing thereof for the fiscal year July 1, 2002 to (Draft 3) June 30, 2003. {Proposed $76,051,000 Capital Improvements Project Budget for the County of Hawai`i.} Re: Comm. 534.1 Intr. by: Mr. Chung Deferred: May 15, 2002 1 S` Reading: May 28, 2002 Bill 208: Adopts a pay plan for persons employed by the County other than those whose pay is otherwise provided for, designating payroll periods, pay days, prescribing requirements with respect to official fidelity bonds, and repealing Ordinance No. 01-59 and all amendments thereto, said ordinance to be known as the Salary Ordinance of 2002. Re: Comm. 590 Intr. by: Mr. Chung 15` Reading: May 15, 2002 Hawaii County Council-38 Page 7 June 5, 2002 Bill 209: Amends Ordinance No. 01-56, as amended, relating to Public Improvements and financing thereof for the fiscal year July 1, 2001 to June 30, 2002. {Adds the PUBLIC WORKS DEPARTMENT Puna Makai Alternate Route Study - Council District 5 ($250,000); funds to be provided by General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($250,000).} Re: Comm. 593 Intr. by: Mr. Safarik 15f Reading: May 15, 2002 Bill 217: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of I-Iawai`i for the fiscal year ending June 30, 2002. {Increases revenues of $233,272.50 in the Federal Grants -Workforce Investment Act 2001 Workforce Investment Act Fund account; and appropriates $82,882.50 to the Workforce Investment Act Administration/Planning 2001 Workforce Investment Act Fund account and $150,390 to the Workforce Investment Act Programs 2001 Workforce Investment Act Fund account, for a total of $233,272.50.} Re: Comm. 629 Intr. by: Mr. Safarik 1 S' Reading: May 15, 2002 Bill 218: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2002. {Increases revenues of $2,897,656 in the Federal Grants -Workforce Investment Act 2002 Workforce Investment Act Fund account; and appropriates $289,764 to the Workforce Investment Act Administration/Planning 2001 Workforce Investment Act Fund account and $2,607,892 to the Workforce Investment Act Programs 2001 Workforce Investment Act Fund account, for a total of $2,897,656.} Re: Comm. 629 Intr. by: Mr. Safarik 1 s` Reading: May 15, 2002 Hawaii County Council-38 Page 8 June 5, 2002 REPORTS PWIRC Recommends the approval of the appointment of Mr. Robert Kawakone to the Hawaii Rept. 47: County Transportation Commission. (C-614) PWIRC Recommends the approval of the appointment of Mr. Michael R. Williams to the Rept. 48: Hawaii County Transportation Commission. (C-614) PC Rept. 83: Recommends the approval of the appointment of Mr. George A. Wilkins to the (C-612) Hawaii County Water Board. PC Rept. 84: Recommends the approval of the appointment of Mr. Jeffrey W. McCall to the Hawaii (C-620) County Planning Commission. FC Rept. 225: Recommends the confirmation of Mr. Reeve (Bob) N. Williams to the Hawaii County (C-615) Board of Ethics. FC Rept. 226: Recommends the confirmation of Ms. Jan K. Yokoyama to the Hawaii County Liquor (C-616) Control Adjudication Board. FC Rept. 227: Recommends the confirmation of Mr. Marlin S. Werner to the Hawaii County Pension (C-617) Board. FC Rept. 230: Recommends the acceptance of the $15.00 donation from John and Frances Chipser for (C-618) the Police Department's HIPAL program. PEMC Recommends the approval of the nominations of Mr. Edmund "Denny'" Austen, Rept. 15: George T. Mukai, and Patrick A. Pavao to the Hawaii County Veterans Advisory (C-613) Committee. 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.) Comm. 636: EXECUTIVE SESSION -CLAIM OF EDDA SHIM From Deputy Corporation Counsel Joseph K. Kamelamela, dated May 13, 2002. Comm. 644: EXECUTIVE SESSION - JOCELYN P. B[NNEY V. HAWAI`[ COUNTY POLICE DEPARTMENT, CIVIL NO. 00-01-088K; TAMMY R. GOUVEIA V. CAPTAIN COOK STOP `N SHOP CIVIL NO. 00-1-090K From Deputy Corporation Counsel Joseph K. Kamelamela, dated May 23, 2002. Hawaii County Council-38 Page 9 June 5, 2002 Comm. 645: OLIVIA VAZQUEZ, ET. AL. V. JOHN WEBER, ET. AL., CIVIL NO. CV02-00069DAE/LEK From Deputy Corporation Counsel Joseph K. Kamelamela, dated May 23, 2002. OTIIEI2 BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, JUNE l8, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, JUNE 19, 2002 COUNCIL 9:00 a.m. KING KAMEHAMEHA'S KONA BEACH HOTEL CONFERENCE ROOM 4 SPECIAL MEETING OF THE 6:00 p.m. KING KAMEHAMEHA'S PLANNING COMMITTEE KONA BEACH HOTEL (RE. BILL 81) CONFERENCE ROOM 4 PLANNING COMMITTEE 6:30 p.m. KING KAMEHAMEHA'S WORKSHOP (GENERAL PLAN) KONA BEACH HOTEL CONFERENCE ROOM 4 THURSDAY, JUNE 20, 2002 PLANNING COMMITTEE 9:00 a.m. KOHANAIKI, KONA SITE VISIT TO KOHANAIKI (GENERAL PLAN) THURSDAY, JUNE 20, 2002 PLANNING COMMITTEE 6:00 p.m. KONAWAENA ELEM. PUBLIC HEARING (GENERAL PLAN) SCHOOL CAFETERIA TUESDAY, JUNE 25, 2002 PLANNING COMMITTEE 6:00 p.m. OCEAN VIEW PUBLIC HEARING (GENERAL PLAN) COMMUNITY CENTER THURSDAY, JUNE 27, 2002 PLANNING COMMITTEE 6:00 p.m. KEA`AU COMMUNITY PUBLIC HEARING (GENERAL PLAN) CENTER Hawaii County Council-38 Page 10 June 5, 2002 STATEMENTS FROM THE PUBLIC ADJOURNMENT (Note: B/R, as listed next to the name of an Introducer, signifies that the Councilmember 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 96]-8255 by June 3, 2002. Persons using TDDs may call 961-8521. Those desiring to speak on matters listed on the Order of Business must register at the County Clerk's Office prior to the convening of the meeting. Copies may be viewed at the Hawaii County Services Office at 75-5706 Kuakini Highway, Suite 103, 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, Hawaii 96740. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, June 12, 2002, to follow Special Council meeting at 6 p.m.; Sunday, June 16, 2002, at 10:30 a.m.; and Wednesday, June 19, 2002, at 6 p.m.