Loading...
HomeMy WebLinkAboutAGE COUNCIL 05/19/2004 2002-2004 JAMES Y. ARAKAKI AARON S.Y. CHUNG Chairmnn & Presiding Officer ~t LENINGRAD ELARIONOFF FRED C. HOLSCHUH, M.D. L CURTIS TYLER, III BOB JACOBSON Vim C'hnirman JOE REYNOLDS •••~w x•+ GARYSAFARIK MICHAEL C. TULANG COUNTY COUNCIL County ofHawai `i Hawaii County Building 25 Aupuni Street Hilo, Hawai `i 96720 ti~ ~ - r~, 36°i Session _ GJ ORDER OF BUSINESS c, Hawaii County Council Hilo, Hawaii Wednesday, May 19, 2004 9:00 a.m. INVOCATION Reverend Larry Walter, First United Protestant Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES April 7, 2004 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is~ an Equal Opportunity Prov(der and Employer. Hawaii County Council-36 Page 2 May 19, 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. 186-04: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the Citizen Corps Program. {Funds to support Citizen Corps Councils with planning, outreach, training, and management of its programs and activities. } Re: Comm. 621 Intr. by: Mr. Chung Waived: FC Res. 187-04: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the Law Enforcement Terrorism Prevention Program. {Funds to provide law enforcement communities with enhanced capabilities for detecting, deterring, disrupting and preventing acts of terrorism. } Re: Comm. 622 Intr. by: Mr. Chung Waived: FC Res. 188-04: Authorizes the Office of the Mayor to Enter Into Agreements with the State of Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the FY 2004 State Homeland Security Grant Program. {Funds to be used for the purchase of specialized equipment to enhance the capability of state and county agencies to prevent, respond to, and mitigate incidents of terrorism involving the use of chemical, biological, radiological, nuclear or explosive (CBRNE) weapons, as well as other provisions, as listed.} Re: Comm. 623 Intr. by: Mr. Chung Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 237: Establishes an Operating Budget for the County of Hawaii for the Fiscal Year July 1, 2004, to June 30, 2005. {Proposed $246,596,820 Operating Budget for the County of Hawaii.}; Re: Comm. 521 Intr. by: Mr. Chung (B/R) Approve: FC-250 and (Related Communications and Bill 237, Draft 2, are continued on the next page.) Hawaii County Council-36 Page 3 May 19, 2004 Comm. 521.23: From Environmental Management Director Barbara Bell, dated April 22, 2004; and Comm. 521.25: From Mayor Harry Kim, dated May 5, 2004, transmitting Bill 237, Draft 2. {Draft 2 proposes a budget of $250,264,375, an increase of $3,667,555. Details are contained in Communication 521.25}; and Bill 237 Establishes an Operating Budget for the County of Hawaii for the Fiscal Year (Draft 2): July 1, 2004, to June 30, 2005. {Proposed $250,264,375 Operating Budget for the County of Hawaii.}; Intr. by: Mr. Chung and Comm. 521.26: From Dassar K. Nojiri, Nojiri & Company, Inc., dated March 17, 2004; and HSEDC Rept. 6 The Committee on Human Services and Economic Development is in accord with (Comm. 486.1): the purpose and intent of the funding recommendations of $900,000 to 46 nonprofit agencies, as set forth in Communication 486.1 for inclusion in Bill 237, Drafr 2, and recommends its adoption. Bill 238: Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004, to June 30, 2005. {Proposed $46,839,000 Capital Improvements Budget for the County of Hawaii. Re: Comm. 522 Intr. by: Mr. Chung Negative: FC-251 (due to a vote of 4 ayes, 4 noes & 1 excused) and Comm. 522.2: From Mayor Harry Kim, dated May 5, 2004, transmitting Bill 238, Drafr 2. {Draft 2 proposes 60 projects requiring a total appropriation of $91,339,000. Details are contained in Communication 522.2.}; and Bill 238 Relates to Public Improvements and Financing Thereof for the Fiscal Year (Draft 2): July 1, 2004, to June 3Q 2005. {Proposed $91,339,000 Capital Improvements Budget for the County of Hawaii. } Intr. by: Mr. Chung Bill 247 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-Sa) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-25:8 (approx. 23.208 acres). {Richard & Christin Grover, Applicant.} Re: Comm. 557.1 Intr. by: Mr. Elarionoff Approve: PC-89 Hawaii County Council-36 Page 4 May 19, 2004 Bill 249: Amends Section 25-8-28 (Ka`u District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-20a) to Agricultural Project District at Palima and Paauau, Ka`u, Hawaii, Covered by Tax Map Key 9-6-5:18 and 9-6-6:4 (approx. ] 71.782 acres, more or less). {Hester Farming Co., LLC, Applicant. } Re: Comm. 561 Intr. by: Mr. Elarionoff Approve: PC-90 Bill 251: Amends Ordinance No. 03-90, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2003 to June 30, 2004. {Adds ENVIRONMENTAL MANAGEMENT: Puainako Sewer Improvement District Project ($100,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or other Sources ($100,000). Funds to be used to conduct the study pursuant to Resolution 157-04, directing the Director of Environmental Management to prepare a broad regional sewerage master plan for the Waiakea region north of South Hilo, as well as a specific and detailed implementation plan for an improvement district.} Re: Comm. 567 Intr. by: Mr. Chung Approve: FC-256 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 252: Amends Ordinance No. 03-90, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2003 to June 30, 2004 {Adds ENVIRONMENTAL MANAGEMENT: North Kona Sewer Improvement District Project ($100,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or other Sources ($100,000). Funds to be used to conduct the study pursuant to Resolution 129-03, directing the Director of Environmental Management to prepare a broad regional sewerage master plan for the region north of Kealakehe, as well as a specific and detailed implementation plan for an improvement district. } Re: Comm. 417.5 Intr. by: Mr. Tyler (B/R) Approve: FC-255 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-36 Page 5 May 19, 2004 Bi11261 Amends Chapter 19, of the Hawaii County Code 1983 (1995 Edition), by (Draft 2): Amending Article 7, Section 19-53 Relating to Real Property Valuations; Considerations In Fixing. {Draft 2 corrects existing code language based on amendments adopted in Ordinance No. 03-103 (Native forest).} Re: Comm. 595.1 Intr. by: Mr. Chung Approve: FC-252 Bill 262 Amends Ordinance No. 94 99, Which Reclassified Lands from Agricultural (Draft 2): (A-20a) to Agricultural (A-3a) at Kaauhuhu, North Kohala, Hawaii, Covered by Tax Map Key: 5-5-02:85. {Mitchell Thompson, Applicant (Wilfred Kita, former applicant and landowner).} Re: Comm. 598.1 Intr. by: Mr. Elarionoff Negative: PC-91 (due to a vote of 4 ayes, 1 no & 4 excused) Bill 263: Amends Chapter 14, Article 10, Section 14-63, of the Hawaii County Code (1995) Relating to Exceptional Trees. {Adds language to address incidences in which exceptional trees are substantially damaged and allows a penalty to be assessed.} Re: Comm. 599 Intr. by: Mr. Elarionoff Approve: PC-92 Bill 264: Amends Ordinance No. 03-90, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2003 to June 30, 2004. {Adds PARKS AND RECREATION: Pualani Estates Subdivision Playground Development ($100,000); funds to be provided from Fund Balance - Designated ($100,000). Funds to be used to support the installation of a children's playground by utilizing fair share assessment funding for this purpose. } Re: Comm. 606 Intr. by: Mr. Chung Approve: FC-254 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-36 Page 6 May 19, 2004 Bill 271: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2004. {Appropriates revenues in Federal Grants -Citizen Corps Program ($29,440); appropriates same to Citizen Corps Program. } Re: Comm. 621 Intr. by: Mr. Chung Waived: FC Bill 272: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2004. {Appropriates revenues in Federal Grants -Law Enforcement Terrorism Prevention Program ($456,544); appropriates same to Law Enforcement Terrorism Prevention Program. } Re: Comm. 622 Intr. by: Mr. Chung Waived: FC Bill 273: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 3Q 2004. {Appropriates revenues in Federal Grants -State Homeland Security Program ($1,960,060); appropriates same to FY 2004 State Homeland Security Program.} Re: Comm. 623 Intr. by: Mr. Chung Waived: FC 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 ls`Reading: Apri121,2004 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes Deferred: May 5, 2004 Hawaii County Council-36 Page 7 May 19, 2004 Bill 209 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 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. 455.23 Intr. by: Mr. Elarionoff ls` Reading: May 5, 2004 and Comm. 455.22 From Josephine Keliipio, dated May 1Q 2004. Bill 250 Amends Chapter 21, of the Hawaii County Code 1983 (1995 Edition), Relating to (Draft 2): Sewer Connection Requirements. {Bill, as introduced, 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. Draft 2 amends provisions relating to time extensions and appeals.} Re: Comm. 566.9 Intr. by: Mr. Reynolds (B/B) Deferred: April 21, 2004 ls` Reading: May 5, 2004 Bill 253 Amends Chapter 2 and Chapter 18 of the Hawaii County Code 1983 (1995 (Draft 2): Edition), as Amended, Relating to Administration and to Mass Transit. {Properly identifies the departments and agencies under the direct or 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. 568.1 Intr. by: Mr. Chung 1 s` Reading: May 5, 2004 Hawaii County Council-36 Page 8 May 19, 2004 Bil] 254 Authorizes the Issuance of General Obligation Bonds of the County of Hawaii (Draft 2): 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. 572.4 Intr. by: Mr. Chung is` Reading: May 5, 2004 and Comm. 572.5: From Council Member Aaron Chung, dated May 6, 2004, transmitting Bill 254, Draft 3; and Bill 254 Authorizes the Issuance of General Obligation Bonds of the County of Hawaii (Draft 3): 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. {Draft 3 proposes an amendment suggested by Bond Counsel relating to Bond Insurance.} Intr. by: Mr. Chung 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 1 s` Reading: May 5, 2004 Hawaii County Council-36 Page 9 May 19, 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 1 s` Reading: May 5, 2004 Bill 265: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 3Q 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 2004-05 ($394,231), Workforce Investment Act-Youth Program 2004-OS ($757,192), for a total of $2,079,858. } Re: Comm. 609 Inn. by: Mr. Safarik 1S1 Reading: May 5, 2004 REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ended April 30, 2004. PC-84 Recommends approval of the nomination of Diane Gentry (Council District 5) to (Comm. 586): the Board of Appeals. Deferred: May 5, 2004 PC-85 Recommends approval of the nomination of Bernard M. Konanui (Council (Comm. 587): District 5) to the Water Board. Deferred: May 5, 2004 FC-253 Recommends the acceptance of monetary donations of $50 and $20 by (Comm. 604): Edward Fukuda, dba Kandi's Drive Inn, Inc., and by Itsu Kitamura, Itsu's Fishing Supplies, to cover expenses of the Recreation Division's Annual Biggest Easter Egg Hunt. Hawaii County Counci]-36 Page 10 May 19, 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 §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. Deferred: May 5, 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. Deferred: May 5, 2004; and Comm. 362.2: From Deputy Corporation Counsel Ivan M. Torigoe, dated May 4, 2004. Deferred: May 5, 2004 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council-36 Page 11 May 19, 2004 ANNOUNCEMENTS 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 TUESDAY, JUNE 1, 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, JUNE 2, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM MONDAY, JUNE 14, 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, JUNE 16, 2004 COUNCIL 9:00 a.m. GHANA KEAUHOU BEACH RESORT 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 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 accessible for persons with physical disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by May 17, 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 26, 2004, at 6 p.m.; Sunday, May 30, 2004, at 10:30 a.m.; and Wednesday, June 2, 2004, at 6 p.m.