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HomeMy WebLinkAboutAGE COUNCIL 05/21/2003 2002-2004 ,IAMBS Y. ARAKAKI ~`•~-•~••"•!!w AARON S.Y. CHUNG (~huvmrw & Pre~rdurg ~/(Ir~r•r~ d;~, LENINGRAD ELARIONOFF FRED C HOLSCHUH, M.U. .I. CUR'TIS I'YLFR. III BOB JACOBSON I iro ['hnnvrnn y,o~;w',M~ BOBBY JEAN LEITHEAD-TODD JOE RF,YNOLDS GARY SAFARIK couN~rv couNCi~ <'ounlp n/7frnrcli ~i lloirai'i ('ntmlp 6aildblJ; .4apuni S~reel Hiln, llan•ur'i 9("''0 O C..) On -~3c Z L 1--~ ~ s 1 Session _ -v - 5~ 3 fV ORDER OF BUSINESS ~ w _ m Hawaii County Council Milo, Hawaii Wednesday. May 21.2003 9:00 a.m. INVOCA~CION Reverend Charles Kahawai of Ke Kilohuna O ka Malamalama CAI.I. ~IY) ORDER ROi.L. cn?_i. PLEDGE OF ALLEUTANCF. APPROVAI.OP MINUTI~S April 16.2003 (Note: Please turn cell phones. pagers, and other mobile communication deices nn silent mode.) Hawaii County Council-12 Page 2 May 21, 2003 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OFCONUOLENCE Conan. 2d7: H-AWAIT SI~ATIi ASSOCIATION OF COUNIII;S (HSAC) MATTERS RF.LA~I'ING FO NOMINATIONS (HSAC EXF,CUTIVIi COMMITTEE MEMBERS AND AI,"TERNATES, WESTERN IN'TERSTATF. RF:(iION, NAIIONAI. ASSOCIATION OP COUNTIES STF.F,RING COMMI'h~TEES). AND SUPPOR f OP'TIIfi PAYMF,N'T IN I,IF,U OP hAXGS~I?IL_ T) 1'RQGRAM From HSAC President_ J. Cui1is Tyler, III, dated Mai 9. 2003_ submits fur consideration the following: Nominate Hawaii County's HSAC representative and alternate for I~Y 2003-04 Term; approve the nomination of Honolulu Council Member Donovan Dela Cruz to serge on the Western Interstate Region (WIR) Board of Directors; submit names of Council Members interested in serving on respective National Association of Counties (NACo) Steering Committees: and for information, letters to Senators Inouye and Akaka to support restoration of funding for the Payment in Lieu of'Taxes (PII,'I') Program: Waived: PWIRC' and Conan. 247.1: From Council Chair James Y. Arakaki, dated Mai 12, 2003. STATEMENTS FROM THE PURLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 6~-03: Urges the Mayor and the Department of Puhlic Wor6s to initiate the immediate (Drafl3) removal of the gate located nn County roadway property, which is part ofthe Puna Fimergency Access Road; Re: Conun.22d.17 Intr. by: Mr. Jacobson and Mr. Safarik Approved: PWIRC-19 and Comm. 224.5: From Lorie Berkey. dated May 6, 2003. I lawai'i County Council-12 Page 3 May 21, 2003 Res. 66-03: Adopts Wood Valley Road in Ka'u as a Counh road to maintain in perpetuity. {Federal Emergency Management Agency will pay 75% ofthe cost to repair the November 2000 flood damage (approximately $1.000,000) if the County passes a rc,olution to maintain the road in pcrpemity. Rc: Comm. 225 Intr. by: Mr. Elarionoff Approved: PWIRC-20 Res. 67-03: Authori~cs the Off ice of the Mayor to enter into an agreement with the State of Hawaii Department of Transportation. pursuant to HRS 46-7, for the Federal Transit Administration Grant. ;Funds will be used for public transportation services and cquipmenL; Rc: Comm. 228 Intr. b}: Mr. Ching Apprrned: FG96 Rcs. 69-03: Creates six l~) Police Otticer II (temporary) positions for the Hawaii County Police Department ;these positions arc to establish a School Resource Officer Program with the Department of Education, working in conjunction with their Community Policing Officers. to focus on creating and maintaining a safe school conducive for learning and a safe community environment; Kc: Comm. 231 Intr. by: Mr. Chung Approved: FC-99 Res. 70-03: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for multi-year leases frx seven (7) copy machines for the Hawaii County Police Department ;~fhc current six copiers arc to be replaced with new copy machines along with a new copy machine for the new cellblock detention facility and will result in ,one cost say ings for the Police Department } Rc: Comm. 232 Intr. by: Mr. Chung Appro~ ed: FC-100 Res. 7G-03: l7ansfers/appropriates an appropriation out and from the designated fund account(s) and credits same to a designated fund account(s). ;"transfers/appropriates $2,500 out and from Clerk-Council Services Salaries & Wages: credits same toClerk-Council Services Overtimr Salaries & Wages. Rc: Conun.'_46 Intr. by: Mr. Arakaki Waived: tC Hawaii County Council-12 Page 4 May 21, 2003 BILLS FOR ORDINANCF,S (FIRST READING) Bill 58: Relates to Public Improvements and financing thereof far the fiscal Ycar July 1, 2003 to June 30,'_004. {Proposed $42,272,000 Capital Improvements Project Budget for the CounTy~ of Hawaii;; Rc: Comm.l39 hrtr. by: Mr. Chung Approved: FC-89 and Comm. 139.4: Fnun Mayor Han~y Kim, dated May 5, 2003, transmitting Bill ~8. Draft and Bill 58: Relates ro Public Improvements and financing thereof for the fiscal year July L 2003 (Draft 2) to .tune 30,'_004. ;Proposed $41.822,000 Capital Improvements Project Budget for the County of Hawaii. Draft 2 amendments relate to the following: New Kalaoa police substation to he co-located with the new fire station (+$SQ.000); ADA facilih~ improvements to existing County buildings ($100,000 supplements existing appropriation); Closure of the South Hilo Landfill (move $400,000 forward by one Fl and reduce limding for the Regional Transfer Station by $1,000,000. Other changes were made to the Capital Program amounts for Fiscal Years 2004-OS to 2008-09 for the following projects: Solid Waste Reduction Facility, replacement of large capacity cesspool, and the West Hawaii County Building. Specific changes can be found in lommmiication No. 139.4} Bill 59: Establishes an Operating Budget for the County of f lawai'i for the fiscal year July I, 2003 to June 30.2004. ;Proposed $218,665.135 Operating Budget for the County of Hawaii}: Re: Comm. 140 Intr. by: Mr. Chung Approved: FC-90 and Comm. 140.1 I: From Jeff Ruunan. Civil Engineer V, Public Wur6s Department. dated April 14, 2003; and Comm. 140.12: From Council MembcrJoe Reynolds, dated April 2,, 2003; and Comm. 140.13: From Mayor Harry Kim, dated May 2003, transmitting Bill 59, Draft 2; and Bill 59: Establishes an Operating Budget for the County of Flawai'i for the fiscal year July I, (Draft 3) 2003 to June 30, 2004. {Proposed 1,179,063 Operating Budget for the County of Hawaii. Draft 2 proposes numerous amendments to the previously submitted budget for FY 2003=_'004. A narrative summary of the amendments is attached to Communication No. 140.13 (available to the public). This draft revises revenues and expenditures for accounts under the General Fund (total adjustment $1,837,825), Solid Waste Fund (total adjustment $15.438), and Golf Course Fund (total adjusuncnts -$177,542). } Hawaii County Council-12 Page 5 May 21, 2003 HSEDC The Committee on Human Services and Economic Development is in accord with the Rept. 2 purpose and intent of the funding recommendations of $900,000 to 43 nonprofit (G 1263): agencies, as set forth in Communication 1263 for inclusion in Bill 59, Draft 2, and recommends its adoption. Bill 92: Amends Chapter 21-36.1 ofthe Ilawai`i County Code 1983 (1995 Edition), relating to (Oral( 2) Recycled Water Service Charge Rates. iEstablishes a fee for recycled water charge.; Rc: Comm. 206.1 Intr. hy: Mr. Safaril. Approved: FC-92 Bill 93: Amends Section 25-R-4 (South Kona Zone Map), Article 8. Chapter 25 (Zoning Code) (Draft 2) of the Hawaii County Code, by changing the districtclassification from Single Family Residential (RS-I S) and Agricultural (A-la) to Village Commercial (CV-10) at Kalukalu 1st South Kona, Hawaii, covered by'1'ax Map Key 8-I ?:portion of 40 (Approx. 5.595 acres). (Hokukano Ranch, Inc., Applicant.; Rc: Comm. ? 10.3 Intr. by: Ms. Leithead-Todd Approved: PC-37 Bill 94: Amends Section 25-A-4 (South Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-Sa) to Family Agricultural (FA-3a) at Keopuka. South Kona, Hawaii, covered by I'ax Map Key K-I -7:10 (Approx. 6.910 acres). ;Reiner & Marianna Schrepfer, Applicant} Rc: Comm. I I Intr. by: Ms. I,eithcad=fold (B/R) Approved: PC-3f3 Bill 96: Amends Chapter 24 of the Hawaii County Code 1983 (1995 Edition) relating to Vehicles and 'Traffic. ;Lowers the existing 35 mph speed limit on portions of Kawaihae Road to 30 mph improving overall traffic safety along Kawaihae Road, from Lindsey Road. to an area where Kawaihae Road enters State jurisdiction.} Rc: Comm.2ld Intr. by: Mr. Faarionoff Approved: PWIRC-18 Hawaii County Council-12 Page 6 May 21, 2003 Bill 99: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawaii Ibr the liscal year ending.lunc 30, 2003. {Increases revenues of $ 15.740 from Speed Enforcement appropriates same to Speed Iailbrcement Re: Comm. 319 Intr. h}; Mr. Chung Approved: FC-93 Bill 100: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending.lune 30, 2003. ;Increases revenues of $250,000 from Federal Grants -Victims of Crime Act; appropriates same to Victims of Crime Act.; Re: Comet. 220 Intr. by: Mr. Chung Approved: FC-94 Bill 103: Amends Section 25-R-3 (North Kona lone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-20a) to Famil} Agricultural (FA-3a) and Agricultural (A-I Oa) at Kcalakehe Homestead, First Series. North Kona, Hawaii, covered by Tai Map Key 7-4-3:7 (Approx. 21.725 acres). }James B. Ihisel, Applicant; Rc: Comm. 226 Intr. b}: Ms. Lcithead-Todd Approved: PC-39 Bill 104: Amends Section I ~-68. L Hawaii Count} Code. Parks and Recreational Facility Schedule, by naming the Kav<ananakua Hall--"Princess Ahigail Wahi'ika'ahu`ula Kawananakoa Center". Rr. Comm. 227 Intr. by: Mr. Chung Approved: PEMC-4 Bill 105: Amends Ordinance No. 02-76, as amended. the Operating Budget for the County of Hawaii for the fiscal year ending June 30.2003. ;Appropriates revenues of $251,000 from Federal Grants-Federal Transit Administration. appropriates same to Federal 'Transit Administration.} Re: Comm.22K Intr. by: Mr. Chung Approved: FC-97 Hawaii Coun~~ Council-12 Page 7 May 21, 2003 Bill 106: Amends Chaptcr? ofthe Hawaii County Codc 19A3 (1995 F;dition) relating to Administration. ;This will allow the County of Hawaii to issue checks or use other means to pay our creditors and employees, rather than issuing warrants.} Rc: Comm. 329 Intr. b~: Mr. Chung (B/R) Approved: FG98 ORDER OF THE DAY (SECOND OR FINAL READING) BiII 36: Amends Chapter 20. of the I lawai'i County Codc 1983 (1995 Edition), relating to (Draft 5) Refuse Pee Schedule. {Draft 5 amends Section 20-46(c) relating to Disposal Fees and reflects the increase to the residential hauler's credit}: Rc: Comm. 75.13 Intr. B~: Mr. Safarik I" Reading: Mai 7, 3003 and Comm. 75.1 From F,nvironmcntal Managemem Director Barbara Bell, dated May 12. 3003. transmitting Bill 36, Draft 6; and Bill 36 Amends Chaptcr 30, of the Hawaii County Code 1983 (1995 Edition). relating to (Draft 6) Rellise Fee Schedule. {Draft 6 amends Section 20-46(c) relating to Disposal Fees and further refines and clarifies how the residential hauler's credit is determined and audited.; Bill 87: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chaptcr 25 (Z.oning (Draft 2) Code) of the Hawaii County Code, by changing the district classification from Limited Industrial (ML-20) to Industrial-Commercial Mixed Use (MCX-20) at Wuiakea. South Hilo, Hawaii, covered by Tax Map Key 3-3-35:61 (Approx. 21,050 sq. ft). ;William V. Brilhante_ Applicant.; Rr. Comm.I93.3 Intr. b~: Ms. I,eithead-Todd I'' Reading: May 7, 2003 Bill 88: Amends Section 25-8-33 (City of Hilo Zone Map). Article 8, Chaptcr 25 (Z.oning (Draft 2) Codc) of the Hawaii County Codc, by changing the district classification from Singlo- Family Residential (RS-10) to General Commercial (CG ?0) at Waiakea. South Hilo, Hawaii, covered by 'Fax Map Key 2 ?-Zd:12 (Approx. 23J61 sq. ft.). ;First Hawaiian Bank. lrustce of the William V. Brilhante Self-Directed IRA. Applicant} Rc: Conun.l9d.l Intr. hy: Ms. Leithead-fold 1'` Reading: Mai 7, 2003 Hawaii County-Council-12 Page H May 21, 2003 Bill 89: Amends Section 25-8-33 (City- of Hilo Zone Map 1, Article 8, Chapter 2~ (Zoning (Draft 2) Code) of the Hawaii County Code, by changing the district classification from Single Family Residential (RS-10) [o IndustriaLCommercial Mixed (MCX-20) at Waiakea, South Hilo, Hawaii, covered by "I~ax Map Key 2 ?-35:46 (Approx. 21,050 sq. ftJ. {SAF, Ltd., Applicant.} Re: Comm. 195.2 Intr. hy: Ms. Leithead=l~odd I" Reading: Ma} 7, 2003 Bill 90: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of I lawai'i for the (seal year ending June 30, 2003. ;Increases revenues of $10,000 from State Grants-Used Oil Collection/Disposal; appropriates same to Recycling Program. } Re: Comm. 300 Intr. hy: Mr. Chung I" Reading: May 7, 2003 Bill 91: 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 wish respect to official fidelity bonds, and repealing Ordinance No. 02-78 and all amendments thereto, said ordinance to be known as the Salary Ordinance of 2003. (The following changes are noted: I) Deletes the County Clerk, Deputy County Clerk and Legislative Auditor classes of work and pay rates. The Salary Commission now sets the pay rates for these classes pursuant to the I Iawai'i County Charter amendment; 2) Delctcs the old hourly pay rate for the Student Intern, Student Helper I, Student Helper II and the Senior Community Services Aid classes of work: and 3) Adds the Student Helper II class Rx the Department of Puhlic Works.; Rr. Comm. 201 Intr. by: Mr. Chung I'' Reading: May 7.2003 Bill 95: Amends Ordinance No. 02-76, as amended. the Operating Budget for the County of Hawaii for the I fiscal year ending Junc 30. 2003. ;Increases and appropriates revenues of `62,000 from Sundry Revenues -Prior Year: appropriates same to Clerk-Council Services Other Current [',xpense.; Re: ('onun.2l3 Intr. by: Mr. Holschuh I" Reading: May 7, 2003 I lawai'i Count} Council-12 Page 9 May 21, 2003 Bill 97: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending Jwie 30. 2003. ~ Increases revenues of $1,025,600 from Federal -2003 IIOME Investment Partnerships (HOME) Program; appropriates same to Kanwela Senior Housing Office of Housing and Community Development (UHCD) Administration.} Ra Comm. ? 16 Intr. bv: Mr. Safari6 I" Reading: Mai 7, 2003 Bill 98: Amends Ordinance No. 02-76, as amended. the Operating Budget for the County of Hawaii fix the fiscal year ending June 30. 2003. ,Increases revenues of $2,685,000 from Federal -Block Grant; appropriates same to the following accounts: Public Service -Hawaii Food Bank Equipment Acquisition ($120,000), Housing- Residential Emergency Repair Program ($30Q00(t), Removal of Architectural Barriers americans with Disabilities Act Cornpliance Various County Facilities 15.5001. Senior Center- Waimea Courthouse Renovation ($100,000), Transportation Services ~ Additional Hilo/Pahoa Bus Route ($44,000), Public Facilities-New Pahoa Fire Station Design/Planning($I50,000), Housing-Solar Water I leating Program ($55.500), 'Transportation Services- Van Acquisition for South Hilo, Kona & Ka'u ($135,000), Public Facilities--Direct Cost Construction Management ($1'_5,000) and Administration, Planning & Fair Housing ($300.000), for a vital of $2.685.000.; Rr. Comm. ? 17 Intr. bv: Mc Safari6 I'' Reading: Mai 7, 2003 REPORTS FC Rcpt. 91 Recommends the acceptance of the post-audit Financial Report of the County of (C ?07): Hawai' i fix the fiscal year ended June 30.2002, as prepared b~ KPMG LLP. FC Kept. 9S Recommends the acceptance often gallons of watcrhorne paint from Mr. Alan (C ?22): Martins. $25 donation from Kamehameha Schools - I Iamakua Preschool, and $30 donation from Wal-Mart Hilo (to he utilized by the Parks and Recreation Department). REFERRALS FOR EXF.CI'TIVF. SH:SSION (The purpose of the meeting i, 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 §92-4, HRS, and Rule 12 of Rules of Procedure of the County Council.) Comm. 204: 13lENAVISI A & MAKIL V. COUNTYOP HAWAII, ET AL. _ From Deputy Corporation Counsel Michael S. Kagami. dated April 8, 2003. Deferred: May 7, 2003 Hawaii County Council-12 Page I U May 21, 2003 OTHF,R BUSINESS (Including but not limited to consideration of vetoed items. ifany, or reconsideration of actions on agenda items.) ANNOUNCEMENTS WEDNESDAY MAY 21, 2003 COUNCIL PUBLIC HEARING 5:00 p.m. COUNCILROOM (REAL. PROPERTY TAX RAfF.S) THURSDAY. MAY 22,'__003 COUNCIL PUBLIC HEARING 6:00 p.m. KING KAMEHAMEHA'S (REAL PROPER"I~Y TAX RA fl~;Sl KONA BEACH HOTEL CONFERENCE ROOM 4 fUESD2Y JUNE 3 2003 COMMITI~EES TBA COIJNCILROOM WI~:DNE=SDAY JUN E, 4. 2003 COUNCLI. 9 a.m. COUNCILKOOM STATEMENTS FROM'THE PUBLIC' ADJOURNMENT (Note: B/R, as listed nest to the name of an Introducer, signifies that die Council Member has agreed to introduce legislation 'By RequesP" 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 accessihle for persons tiith physical disabilities. Persons who need special accommodations to attend this meeting should call 961-R2~5 by May 19, 2003. 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 I lighway, Suite 103, Kailua-kona, f lawai'i 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_I_clc~ision: Channel 52 (Hilo and Kona) Wednesday, May 28, 2003. at 6 p.m.: Sunday, June I, 2003, at 10:30 a.m.: and Wednesday, June d, 2003, at 6 p.m.