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HomeMy WebLinkAboutAGE COUNCIL 05/05/2004 2002-2004 JAMES Y. ARAKAKI "+qy AARON S.Y. CHUNG Chnirman & Presiding o~cer Vitt LENINGRAD ELARIONOFF FRED C. HOLSCHUH, M.D. J. CURTIS TYLER, III BOB JACOBSON Vice ('hairmm~ JOE REYNOLDS ,y°~•"~~ GARY SAFARIK MICHAEL C. TULANG COUNTY COUNCIL County ofHawai `i Hawaii Caunty Building 25 Aupuni Street Hilo, Hawai`i96720 35°i Session ORDER OF BUSINESS J h Hawaii County Council Hilo, Hawaii `J Wednesday, May 5, 2004 9:00 a.m. INVOCATION Pastor Harlan Kalles, Family Christian Center CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 17, 2004 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai `i County is an Equal Opportunity Provider and Employer Hawaii County Council-35 Page 2 May 5, 2004 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 607: NOMINATIONS TO THE HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE FOR FISCAL YEAR 2004-2005 From Public Works and Intergovernmental Relations Chair Gary Safarik, dated April 23, 2004, requesting Council's consideration in submitting nominations for the following positions: 1) HSAC Executive Committee; 2) Western Interstate Region (WIR) Board; 3) HSAC Special Committee on Solid Waste Management; and 4) National Association of Counties (NACo) Transportation Steering Committee. Waived: PWIRC STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 176-04: Repeals Resolution 99-01 and Authorizes the Director of Finance to Accept the Return of Real Property Being Parcel 11, Situate at Kauhako, South Kona, Island, County and State of Hawaii, Tax Map Key: (3)8-6-009:011. {Department of Water Supply desires to return said parcel as they have decided not to build the standpipe facility at this site.} Re: Comm. 578 Intr. by: Mr. Chung Approve: FC-243 Res. 178-04: Amends Resolution No. 37-03 by Increasing the Square Footage of Office Space in the Kona Driver License Section's Multi-Year Lease. {Total office space to be leased at 75-5722 Hanama Place will be 2,622 square feet at a cost of $6,009/month, replacing the original amounts of 2,000 square feet and $4,584/month, respectively.} Re: Comm. 583 Intr. by: Mr. Chung Approve: FC-244 Res. 179-04: Approves the Cost Items Decided Upon by an Arbitration Pane] Affecting Hawaii Government Employees Association (HGEA) Units 02, 03, 04, 13 and Employees Excluded from those Units for the Contract Period July 1, 2003, through June 30, 2005. {Cost items are across-the-board increases, step movements, and an increase in mileage reimbursement.} Re: Comm. 584 Intr. by: Mr. Chung Approve: FC-245 Hawaii County Council-35 Page 3 May 5, 2004 Res. 180-04 Supports Expediting the Process to Bring Online One of the Three Waste Reduction (Draft 3): Technologies Enumerated in the Final Draft of the Integrated Solid Waste Management Plan. Re: Comm. 591.4 Intr. by: Mr. Tulang Approve : PEMC-17 and Comm. 591.3: From Joyce Alberta Folena and Gregory Todd Smith, dated April 22, 2004; and Comm. 591.5: From Council Member Joseph Reynolds, dated April 22, 2004. Res. 181-04: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers $10,000 out and from the Clerk-Council Service -Miscellaneous Contract Service account; and credits same to Clerk-Council Service -Overtime Salaries and Wages account. Funds to be used to support upcoming public hearings, the archiving project, and extra work hours due to staff shortage in the Council section. Re: Comm. 596 Intr. by: Mr. Arakaki Waived: FC and Res. 181-04 Transfers/Appropriates an Appropriation Out and From the Designated Fund (Draft 2): Account(s) and Credits Same to a Designated Fund Account(s). {Transfers $25,000 out and from the Clerk-Council Service -Miscellaneous Contract Service account; and credits same to Clerk-Council Service- Overtime Salaries and Wages Reprographics -Rental/Lease of Equipment account. Purpose of the $15,000 amendment is to cover the significant increase in copies being reproduced.}; Re: Comm. 596.1 Intr, by: Mr. Arakaki Waived: FC and Comm. 596.2 From Finance Chair Aaron S. Y. Chung, dated April 26, 2004, requesting Resolution 181-04 and Resolution 181-04, Draft 2, be waived from the Finance Committee. Res. 182-04: Recognizes May as National Drug Court Month. Re: Comm. 608 Intr. by: Mr. Chung Waived: FC Hawaii County Council-35 Page 4 May 5, 2004 BILLS FOR ORDINANCES (FIRST READING) Bill 189: Amends Chapter 2, of the Hawaii County Code 1983 (1995 Edition), by Adding a New Article to Provide for the Establishment of a Shippers' Wharf Committee Trust Fund. {Establishment of this fund within the Hawaii County Code allows the County to properly administer the funds of the Shipper's Wharf Committee Trust Fund, as instructed under the provisions of the April 2001 Order of the Third Circuit Court. } Re: Comm. 423 Intr. by: Mr. Chung File: FC-248 Bill 209 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 Single Family Residential (RS-7.5) at Puapuaa 2nd, North Kona, Hawaii, Covered by Tax Map Key 7-5-20:71 and 72 (approx. 10.1 acres). {Lehua Lani, LLC, applicant.} Re: Comm. 455.5 Intr. by: Mr. Elarionoff Negative: PC-88 (due to a vote of 3 ayes, 3 noes & 3 excused) and Comm. 455.4: From Kawika Locke, Luana Nascimento, Ynez Blas, Lovena Youdfrian, and Dana Locke, dated April 19, 2004; and Comm. 455.6: From Tonino Benson, submitting a petition containing 49 signatures; and Comm. 455.7: From William LaMarco, dated April 25, 2004; and Comm. 455.8: From Peter Benson, dated April 26, 2004; and Comm. 455.9: From Mary Benson, dated April 26, 2004, submitting a petition containing 23 signatures. Bill 213 Amends Chapter 2, Administration, of the Hawaii County Code 1983 (1995 (Draft 2) Edition), by Adding a New Article Entitled "Condemnation Notification (1998): Procedures." Re: Comm, 770.01 Intr. by: Mr. Yagong Approve: PWPC-109/(1998) File: PWIRC-46 and Comm. 611: From Assistant Corporation Counsel Gerald Takase, dated April 27, 2004. Hawaii County Council-35 Page 5 May 5, 2004 Bill 250: Amends Chapter 21, of the Hawaii County Code 1983 (1995 Edition), Relating to Sewer Connection Requirements. {Deletes provisions that allow exceptions to the connection requirements for lots accessible to a sewer and establishes a process for requesting avariance/exemption to the connection requirements.}; Re: Comm. 566 Intr. by: Mr. Reynolds (B/R) File: PEMC-16 Deferred: Apri121, 2004 and Comm. 566.4: From Marjorie Erway, dated April 5, 2004; and Comm. 566.5: Copy of letter from Deputy Corporation Counsel Ivan M. Torigoe, dated November 25, 2002; and Comm. 566.6: From Council Member Gary Safarik, dated April 21, 2004. (Note: There is a pending motion by Mr. Jacobson and duly seconded by Mr. Tyler to approve Bill 250.) Bill 253: Amends Chapter 2 and Chapter 18 of the Hawaii County Code 1983 (1995 Edition), as Amended, Relating to Administration and to Mass Transit. {Properly identifies the departments and agencies under the director administrative supervision of the managing director, instead of the Mayor; replaces all references of "mass transportation" and "transportation coordinator" with "mass transit" and "mass transit administrator", respectively; and reflects the recent conversion of the mass transit administrator position from exempt to civil service and to note it now as the agency's chief administrator. } Re: Comm. 568 Intr. by: Mr. Chung Approve: FC-249 Bil] 254: Authorizes the Issuance of General Obligation Bonds of the County of Hawaii for the Purpose of Financing Various Public Improvements of the County of Hawaii; Fixing the Form, Denominations, and Certain Other Details of Such Bonds and Providing for their Sale to the Public; and Authorizing the Issuance and Sale of a Like Principal Amount of General Obligation Bond Anticipation Notes in Anticipation of the Issuance and Sale of Such Bonds. {General obligation bonds not to exceed $40 million for the purpose of financing critical and overdue highway construction and road improvement projects with an apportionment of the proceeds among the districts.} Re: Comm. 572 Intr. by: Mr. Chung Approve: FC-240 Hawaii County Council-35 Page 6 May 5, 2004 Bill 256 Adopts a Pay Plan for Persons Employed by the County Other Than Those (Draft 2): Whose Pay is Otherwise Provided for, Designating Payroll Periods, Pay Days, Prescribing Requirements with Respect to Official Fidelity Bonds, and Repealing Ordinance No. 03-86 and All Amendments Thereto, said Ordinance to be Known as the Salary Ordinance of 2004; Re: Comm. 576.1 Intr. by: Mr. Arakaki Approve: FC-242 and Comm. 576.2: From Legislative Auditor Constance R. Kiriu, dated April 20, 2004, Bill 259: Amends Ordinance No. 99-41 of the County of Hawaii Adopted on April 12, 1999, as Amended by Ordinance No. 00-56 Adopted on May 17, 2000, Relating to the Issuance of General Obligation Bonds for the Purpose of Financing Various Public Improvements for the County of Hawaii. {Amendments include: Prosecuting Attorneys Office at Aupuni Center ($1,750,000), Scottie White Bridge Replacement ($240,000), and Wood Valley Road Repairs ($500,000).} Re: Comm. 585 Intr. by: Mr. Chung Approve: FC-246 Bill 260: Amends Chapter 24, Article 4, Section 24-17 of the Hawaii County Code 1983 (1995 Edition), Relating to Vehicles and Traffic. jIncreases the annual weight tax rate for passenger vehicles and trucks and non-commercial vehicles from '/z cent per pound to'/< cent per pound; and for trucks or commercial vehicles from 1 cent per pound to 2 cents per pound. Re: Comm. 589 Intr. by: Mr. Chung, Mr. Safarik, Mr. Reynolds, Mr. Holschuh, Mr. Elarionoff, Mr. Arakaki, and Mr. Jacobson Approve: FC-247 and Comm. 589.3: From Council Chair James Y. Arakaki, dated April 22, 2004, transmitting Bill 260, Draft 3. {Draft 3 amends SECTION 1 to include Mass Transit Agency services; and submits corrected Exhibits A and B (which show no impact on motorcycles). } ; and (Bill 260, Draft 3, is continued on the next page.) Hawaii County Council-35 Page 7 May 5, 2004 Bill 260 Amends Chapter 24, Article 4, Section 24-17 of the Hawaii County Code (Draft 3): 1983 (1995 Edition), Relating to Vehicles and Traffic. Intr. by: Mr. Tulang Mr. Reynolds, Mr. Elarionoff, Mr. Jacobson, Mr. Holschuh, Mr. Arakaki, and Mr. Chung Bill 265: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2004. {Increases revenues in Federal Grants -Workforce Investment Act 2004 ($2,079,858); appropriates to the following: Workforce Investment Act -Administration Planning 2004/05 ($207,985), Workforce Investment Act-Adult Program 2004-OS ($"720,450), Workforce Investment Act-Dislocated Worker Program 2004-OS ($394,231), Workforce Investment Act -Youth Program 2004-OS ($757,192), for a total of $2,079,858.} Re: Comm. 609 Intr. by: Mr. Safarik Waived: CHA Bill 272 Amends Chapter 24 of the Hawaii County Code 1983 (1995 Edition), (2002): Relating to Vehicles and Traffio, to Clarify the Director of Public Works' Authority to Regulate Parking at County Facilities. {Includes the new Aupuni Center facility; parking at such facilities to include public off-street parking, employee parking and special parking; authority to establish employee parking regulations; and authority to issue special permits for special events.} Re: Comm. 782 Intr. by: Mr. Elarionoff No Recommendation: PWIRC-5/(2002) (due to a vote of 3 ayes, 3 noes & 3 excused) File: PWIRC-45 ORDER OF THE DAY (SECOND OR FINAL READING) Res. 172-04: Authorizes the Acquisition of Private Properties by Eminent Domain, being Portions of Tax Map Keys: (3)2-4-003-022, 2-4-063-120, and 2-4-063-121, Situate at Waiakea, District of South Hilo, County and State of Hawaii, for the Kawailani Street Bridge Replacement. Re: Comm. 558 Intr. by: Mr. Arakaki 1S1 Reading: Apri] 21, 2004 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes Hawaii County Council-35 Page 8 May 5, 2004 Bill 178 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 3): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from General Industrial (MG-3a) to Project District at Ooma 2"a North Kona, Hawaii, Covered by Tax Map Key 7-3-9:22 (approx. 83.0 acres). {Clifto's Kona Coast, LLC, applicant.} Re: Comm. 400.62 Intr. by: Mr. Elarionoff Deferred: December 17, 2003 Public Hearing: January 23, 2004 1~` Reading: Apri121, 2004 and Comm. 400.55: From Lane Kaaiai, dated April 20, 2004; and Comm. 400.56: From Dr. Robert Warmington, dated April 21, 2004; and Comm. 400.57: From Louis Copman, M.D., dated April 19, 2004; and Comm. 400.58: From Cliff M. Morris, Managing Member, Clifto's Kona Coast, LLC; and Comm. 400.59: From Mark Wilson, dated April 20, 2004; and Comm. 400.60: From Aaron Stene, dated April 21, 2004; and Comm. 400.61: From Richard A. Pound, G. Paul, and Jan Edward J., dated April 20, 2004; and Comm. 400.63: From Larry K. Bryan, dated April 24, 2004. Bill 228 Amends Ordinance No. 03-49 of the County of Hawaii Adopted on March 25, (Draft 2): 2003, as Amended by Ordinance No. 03-125 Adopted on August 27, 2003, Relating to the Issuance of General Obligation Bonds. {Adds two new CIP Projects, Pu`ainako Sewer Improvement District and North Kona Sewer Improvement District. } Re: Comm. 500.1 Intr. by: Mr. Chung (B/R) 1s' Reading: April 21, 2004 Bil] 236: Ordinance to Initiate a Charter Amendment to the Hawaii County Charter (2000), Relating to the Legislative Branch-Vacancy in Office. {Allows the voters of a council district in the County of Hawaii to elect their council member when a vacancy has occurred during atwo-year term (only when a vacancy occurs in the last ten months of a council term would the current appointment procedures apply)}. Re: Comm. 518 Intr. by: Mr. Arakaki 1s` Reading: April 21, 2004 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter Hawaii County Council-35 Page 9 May 5, 2004 Bill 239: Amends Ordinance No. 03-90, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Yeaz July 1, 2003 to June 30, 2004. {Adds PUBLIC WORKS: Prosecuting Attorney's Office at Aupuni Center ($3,450,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($3,450,000). Funds to be used for the design and construction of offices at Aupuni Center for the Prosecuting Attorney and his staff. } Re: Comm. 523 Intr. by: Mr. Chung 1~` Reading: April 21, 2004 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 245: Amends Chapter 21 of the Hawaii County Code 1983 (1995 Edition), Relating to Sewers (Laterals). {Requires the County to construct the lateral when a landowner is required to hook up to the sewer system in order to receive final inspection approval. } Re: Comm. 549 Intr. by: Mr. Arakaki ls` Reading: April 21, 2004 Bill 257: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2004. {Increases revenues in Federal - Block Grant ($2,797,603); appropriates same to the following: Hale Ohana Family Transitional Shelter-Renovations ($163,000), Removal of Architectural Barriers - Americans with Disabilities Act Compliance -Various County Facilities ($1,646,603), Solid Waste Recycle Centers-Design and Construction ($250,000), Kohala Senior Center Roof Replacement ($85,000), Care-A-Van Acquisition of Vehicles (four) ($106,000), Construction Management ($181,000), and Administration, Planning & Fair Housing ($366,000), for a total of $2,797,603.} Re: Comm. 580 Intr. by: Mr. Safarik 1~` Reading: April 21, 2004 Bill 258: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2004. {Increases revenues in Federal - 2004 HOME Program ($1,086,413); appropriates same to the following: 2020 Kino`ole Senior Residences ($930,580), Downpayment Assistance ($69,833), and Office of Housing and Community Development Administration ($86,000), for a total of $1,086,413. } Re: Comm. 581 Intr. by: Mr. Safarik ls` Reading: April 21, 2004 Hawaii County Council-35 Page 10 May 5, 2004 REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ended March 31, 2004. PWIRC-44 Recommends denial of the sign variance request and that Communication 582 be (Comm. 582): filed. PC-82 Recommends approval of the nomination of Phil A. Davis to the Kailua Village (Comm. 564): Design Commission. PC-83 Recommends approval of the nomination of Francis L Kuailani, Sr., to the Kailua (Comm. 564): Village Design Commission. PC-84 Recommends approval of the nomination of Diane Gentry (Council District 5) to (Comm. 586): the Board of Appeals. PC-85 Recommends approval of the nomination of Bernard M. Konanui (Council (Comm. 587): District 5) to the Water Board. FC-241 Recommends the acceptance of monetary donations of $25 and $30 by Patrick and (Comm. 575): Patricia Milligan, and Ruth Ching (in memory of Bernard Schwab), for programs at the Pana'ewa Rainforest Zoo. 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 §92-4, HRS, and Rule 12 of Rules of Procedure of the County Council.) Comm. 603: CLAIM AGAINST THE COUNTY OF HAWAI`UEDWARD R. PAKCHONG From Deputy Corporation Counsel Joseph K. Kamelamela, dated April 19, 2004. Comm. 362.1: WALTER JOHN KELLY, ET. AL. V. 1250 OCEANSIDE PARTNERS, ET. AL. CIVIL NO. 00-1-00192K From Deputy Corporation Counsel Ivan M. Torigoe, dated April 26, 2004. Hawaii County Council-35 Page l 1 May 5, 2004 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, MAY 18, 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, MAY 19, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM COUNCIL PUBLIC 5:00 p.m. HEARING RE REAL PROPERTY TAX RATES - HILO THURSDAY, MAY 20, 2004 COUNCIL PUBLIC 6:00 p.m. GHANA KEAUHOU HEARING RE REAL BEACH RESORT PROPERTY TAX RATES - KONA HEARING ON VEHICLE To Follow WEIGHT TAX (TO FOLLOW) STATEMENTS FROM THE PUBLIC/ADJOURNMENT (Note: B/R, as listed next to the name of an Introducer, 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 May 3, 2004. 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, May 12, 2004, at 6 p.m.; Sunday, May 16, 2004, at 10:30 a.m.; and Wednesday, May 19, 2004, at 6 p.m.