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HomeMy WebLinkAboutAGE COUNCIL 09/15/2004 2002-2004 ~`y LAMES Y. ARAKAKI "O~ AARON S.Y. CHUNG Chnirmnn & Presiding Officer ~ LENINGRAD ELARIONOFF FRED C. HOLSCHUH, M.D. J. CURTIS TYLER, III BOB JACOBSON Vice Chnirnum •~~,0',w'~~ 10E REYNOLDS GARY SAFARIK MICHAEL C. TULANG COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hiln, Hawaii 96720 ~ = 44°i Session ORDER OF BUSINESS c Hawaii County Council King Kamehameha's Kona Beach Hotel Conference Room 4 75-5660 Palani Road Kailua, Kona, Hawaii Wednesday, September 15, 2004 9:00 a.m. INVOCATION Interim Pastor R. T, Bolerjack, Kona Church of the Nazarene CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council-44 Page 2 September 15, 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. 228-04: 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 the Federal Transit Administration Section 5309 Capital Grant. {Funds to be used by the Mass Transit Agency to purchase vehicles to enhance the island's public transportation services and to create park and ride lots in Kona and Puna.} Re: Comm. 734 Intr. by: Mr. Chung Approve: FC-293 Res. 229-04 Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One (Draft 2): Fiscal Year for aMulti-Year Lease for a Copy Machine for the Office of the County Clerk. {Five-year lease agreement for a newer copier model for Machine Room. } Re: Comm. 737.1 Intr. by: Mr. Chung Approve: FC-296 Res. 236-04: Authorizes the Mayor to Execute an Agreement with a Master Developer to Develop the Waikoloa Master Plan Affordable Housing Project. Re: Comm. 747 Intr. by: Mr. Safarik Approve: CHA-August 31, 2004 Res. 237-04: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Health, Pursuant to HRS 46-7, for the Big Island Juvenile Intake and Assessment Center (BIJIAC) Project Grant. {Funds (being passed on to a third party agency) to be used to hire a Project Coordinator to manage the creation of the BIJIAC, which is amulti-agency effort that seeks to provide a single point of entry for intake, assessment and case management of delinquent and at-risk youth.} Re: Comm. 754 Intr. by: Mr. Chung Waived: FC Hawaii County Council-44 Page 3 September 15, 2004 Res. 238-04: Authorizes the Office of the Mayor to Enter Into an Agreement with the Research Corporation of the University of Hawaii (RCUH), Pursuant to HRS 46-7, for the Hiring of the Big Island Juvenile Intake and Assessment Center (BIJIAC) Project Coordinator. {Funds (being passed through the Office of the Prosecuting Attorney) will be subgranted to the Research Corporation of the University of Hawaii to hire a Project Coordinator to manage the creation of BIJIAC.} Re: Comm. 755 Intr. by: Mr. Chung Waived: FC Res. 239-04: Authorizes the Adoption of USDA Form Resolution 1780-27 Providing for the Incurrence of Indebtedness for the Financing of Public Water System Improvements in Improvement District No. 18-Kona Coastview and Kona Wonderview Subdivisions, North Kona, Hawaii; to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the USDA Grant Portion of the Costs of Improvement District No. 18; and to Authorize the Mayor, Manager of the Department of Water Supply, Finance Director and the Chair of the County Council to Take All Action(s) Necessary to Facilitate and Execute Such Loan and Grant Agreements. Re: Comm. 756 Intr. by: Mr. Tyler Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 174 Amends Chapter 19 of the Hawaii County Code 1983 (1995 Edition), Real (Draft 2): Property Taxes, Relating to Home Exemptions. {Creates an additional exemption of 20% of the pre-exemption assessed value to a maximum of $80,000 for those eligible for the home exemption. } Re: Comm. 394.1 Intr. by: Mr. Chung (B/R) Approve: FC-297 Note: Subsequent Bi11320 combines amendments proposed in Bill 174, Draft 2, and Bill 177, relating to Section 19-71. Hawaii County Council-44 Page 4 September 75, 2004 Bill 177: Amends Chapter 19 of the Hawaii County Code 1983 (1995 Edition), Real Property Taxes, Relating to Home Exemptions. {Improves the definition of real property owned and occupied as a principal home as defined in subsection 19-71(e). } Re: Comm. 398 Intr. by: Mr. Chung (B/R) File: FC-300 Note: Subsequent Bi11320 combines amendments proposed in Bill 177 and Bill 174, Draft 2, relating to Section 19-71. Bill 320: Amends Chapter 19 of the Hawaii County Code 1983 (1995 Edition), as Amended, Real Property Taxes, Relating to Home Exemptions. {Combines amendments proposed in previous Bill 174, Draft 2, and Bill 177. Improves and clarifies definition of "principal home" and creates an additional exemption of 20% of the pre-exemption assessed value to a maximum of $80,000 for those eligible for home exemptions. } Re: Comm. 753 Intr. by: Mr. Chung Waived: FC Bil] 175 Amends Chapter 19 of the Hawaii County Code 1983 (1995 Edition), Real (Draft 3): 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. 395.1 Intr. by: Mr. Chung (B/R) Approve: FC-298 Bill ] 76 Amends Chapter 19 of the Hawaii County Code 1983 (1995 Edition), Real (Drafr 2): 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. 394.1 Intr. by: Mr. Chung (B/R) Approve: FC-299 Hawaii County Council-44 Page 5 September 15, 2004 Bill 198: 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 Hienaloli 2nd to 4th, North Kona, Hawaii, Covered by Tax Map Key 7-5-010:066 (approx. 14.533 acres). {Nani Kona Aina, LLC, Applicant.} Re: Comm. 438 Intr. by: Mr. Elarionoff Negative: PC-86 (due to a vote of 3 ayes, 3 noes & 3 excused) Bill 199 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-10) at Hienaloli 2nd to 4th, North Kona, Hawaii, Covered by Tax Map Key 7-5-010:066 (approx. 14.533 acres). {Nani Kona Aina, LLC, Applicant. Re: Comm. 438.28 Intr. by: Mr. Elarionoff Negative: PC-87 (due to a vote of 3 ayes, 3 noes & 3 excused) and Comm. 438.32: From Roger Rule, dated May 4, 2004; and Comm. 438.33: From Barbara Scott, dated May 3, 2004; and Comm. 438.34: From Lynn Sinclair, dated May 14, 2004; and Comm. 438.35: From Bobbie Fisher, dated May 14, 2004; and Comm. 438.36: From Lawrence Goff, dated May 14, 2004; and Comm. 438.37: From L. Mikahala Roy, Executive Director, Kulana Huli Honua, dated April 20, 2004; and Comm. 438.38: From Barbara Scott, dated May 21, 2004; and Comm. 438.39; From Tom and Gordana Leonard, dated May 24, 2004; and Comm. 438.40: From Jill Muncin, dated May 2Q 2004; and Comm. 438.41: From Linda Gross, dated May 14, 2004; and Comm. 438.42: From Krista Markowitz, dated May 15, 2004; and Comm. 438.43: From Faith Rosman, dated May 15, 2004; and Comm. 438.44: From Kandice Crusat, dated May 17, 2004; and Comm. 438.45: From David and Christine Hamilton; and Comm. 438.46: From Cynthia L. and James H. and Miriam K. Cohn, dated May 26, 2004; and Comm. 438.47: From Scott and Lisa Orvis; and Comm. 438.48: From David O. Kish, dated May 26, 2004; and Comm. 438.49: From Frank and Caryl Hublar, dated May 30, 2004; and Comm. 438.50: From Richard Merschdorf, dated May 31, 2004; and Comm. 438.51: From Daniel and Patricia Olson, dated June 8, 2004. Hawaii County Council-44 Page 6 September 15, 2004 Bil] 309 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 Open (O) to Industrial-Commercial Mixed (MCX-20) and General Industrial (MG-la) at Honokohau ls` and 2°d, North Kona, Hawaii, Covered by Tax Map Key 7-4-8:Portion 13 & 30 (Parcel 1 approx. 186.733 acres, Parcel 2 approx. 85.733 acres, and Parcel 3 approx. 9.901 acres. {West Hawaii Business Park, LLC, Applicant.}; Re: Comm. 722.3 Intr. by: Mr. Elarionoff Approve: PC-107 Deferred: September 1, 2004 and Comm. 722.5: From Planning Committee Chair Leningrad Elarionoff, dated September 2, 2004, transmitting Bill 309, Draft 3. Draft 3 amends Condition citations in Conditions J and L; and Bill 309 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 Open (O) to Industrial-Commercial Mixed (MCX-20) and General Industrial (MG-1 a) at Honokohau ls` and 2"°, North Kona, Hawaii, Covered by Tax Map Key 7-4-8:Portion 13 & 30 (Parcel ]approx. 186.733 acres, Parcel 2 approx. 85.733 acres, and Parcel 3 approx. 9.901 acres. {West Hawaii Business Park, LLC, Applicant.} Intr. by: Mr. Elarionoff (Note: There is a pending motion by Mr. Elarionoff and duly seconded by Mr. Tyler to approve Bi11309, Draft 2.) Bil] 311 Amends Chapter 21, of the Hawaii County Code 1983 (1995 Edition), (Draft 3): Relating to Approval of Extensions of the Public Sewer System. {Removes the requirement that all private construction of public sewer extensions be approved by resolution of the County Council. } Re: Comm. 730.3 Intr. by: Mr. Reynolds Approve: PEMC-18 Hawaii County Council-44 Page 7 September 15, 2004 Bill 312 Amends Chapter 21, Article 4, of the Hawai i County Code 1983 (1995 (Draft 4): Edition), Relating to Sewer Service Charges. {Changes the responsibility of payment of sewer service from the same customer identified by the Department of Water Supply to the property owner. Imposes a 10% penalty on accounts past due instead of 60 or more days overdue. Imposes a 1% interest rate per month on outstanding balances past due. Clarifies the process by which property owner will be billed unless another individual is designated. Further states property owner and designated person are jointly and severally liable for sewer service charge. If debt is not paid, County may recover by a civil action against the property owner, the designated person, or both. Effective date: July 1, 2005.} Re: Comm. 731.3 Intr. by: Mr. Reynolds Approve: PEMC-19 Bill 313: 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 -Federal Transit Administration Section 5309 Capital Grant Fiscal Year 04-OS ($2,357,423); appropriates same to Federal Transit Administration Section 5309 Capital Grant Fiscal Year 04-05.} Re: Comm. 734 Intr. by: Mr. Chung Approve: FC-294 Bil] 314: 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 PARKS AND RECREATION: Miloli`i Beach Park Improvements ($66,457); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($66,457). Improvements to bring the park's restroom building and wastewater system into compliance with current building code, health regulations, and accessibility requirements.} Re: Comm. 736 Intr. by: Mr. Jacobson Approve: FC-295 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-44 Page 8 September 15, 2004 Bill 317: 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 Block Grant Program Income ($69,942.24); appropriates same to Removal of Architectural Barriers. } Re: Comm. 746 Intr. by: Mr. Safarik Approve: CHA -August 31, 2004 Bill 318: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 3Q 2005. {Increases revenues in Federal Grants -Workforce Investment Act ($7,299); appropriates to the following accounts: Workforce Investment Act - Administration/Planning 03-04 ($607), Workforce Investment Act -Dislocated Program 03-04 ($5,462); and Workforce Investment Act -Youth Program 04-OS ($1,230), for a total of $7,299.} Re: Comm. 748 Intr. by: Mr. Safarik Approve: CHA -August 31, 2004 Bill 319: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 3Q 2005. {Increases revenues in HOME Investment Partnerships Program -Program Income ($23,114.21) and Federal -HOME Investment Partnerships Program ($30,000), for a total of $53,114.21; appropriates to Downpayment Assistance ($20,902.79) and Office of Housing and Community Development Administration ($32,211.42), for a total of $53,114.21.} Re: Comm. 749 Intr. by: Mr. Safarik Approve: CHA -August 31, 2004 Bill 321: 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 -Big Island Juvenile Intake and Assessment Center ($140,000); appropriates same to Big Island Juvenile Intake and Assessment Center. } Re: Comm. 754 Intr. by: Mr. Chung Waived: FC Hawaii County Council-44 Page 9 September 15, 2004 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 299: Amends the State Land Use Boundaries Map, H-2 for the County of Hawaii, by Changing the District Classification from the Agricultural to the Urban District at O`oma 1st, North Kona, Hawaii, Covered by Tax Map Key 7-3-10: Portion of 3 (approx. 10.001 acres). {Westpro Development, Inc., Applicant.} Re: Comm. 699 Intr. by: Mr. Elarionoff 1~` Reading: August 18, 2004 Deferred: September 1, 2004 (Note: There is a pending motion by Mr. Elarionoff and duly seconded by Mr. Holschuh to approve Bill 299.) Bill 300 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 Multiple Family Residential (RM-4) at O`oma 1st, North Kona, Hawaii, Covered by Tax Map Key 7-3-10:Portion of 3 (approx. 10.001 acres). {Westpro Development, Inc., Applicant.}; Re: Comm. 699.4 Intr. by: Mr. Elarionoff ls` Reading: August 18, 2004 Deferred: September 1, 2004 and Comm. 699.5: From Rodney K. Haraga, Director of Transportation, State of Hawaii, dated August 25, 2004. (Note: There is a pending motion by Mr. Elarionoff and duly seconded by Mr. Tyler to approve Bi11300, Draft 3.) Bill 304: 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 ($363,221); appropriates to the following accounts: Landfills Salary and Wages ($93,096), Recycling Program ($112,500), Pu`uanahulu -West Hawaii Landfill Other Current Expenses ($125,000), Pension Accumulation -Landfill ($12,103), Federal Insurance Contributions Act Employer Share-Landfill ($7,122), and Employee Health Plans -Landfill ($13,400), for a total of $363,221. } Re: Comm. 709 Intr. by: Mr. Chung ls` Reading: September 1, 2004 Hawaii County Council-44 Page 10 September 15, 2004 Bill 307: 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 -Youth Anti-Drug Community Grant ($1,000); appropriates same to Youth Anti-Drug Community Grant.} Re: Comm. 718 Intr. by: Mr. Chung 1"Reading: September 1, 2004 Bill 308: 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 -Traffic Investigation Program ($6,800); appropriates same to Traffic Investigation Program. Funds to be used for travel expenses to attend and participate in the statewide Traffic Investigation Training on Maui. } Re: Comm. 720 Intr. by: Mr. Chung is` Reading: September 1, 2004 REPORTS 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. 750: WENDELL TANGARO V. JOSEPH BOTELHO, ET AL., CIVIL NO. 03-00211 DAE/LEK From Deputy Corporation Counsel Harry P. Freitas, dated September 3, 2004. Comm. 752: EMORY SPRINGER V. COUNTY OF HAWAII. CIVIL NO. 02-00289 HG/KSC From Deputy Corporation Counsel Katherine A. Garson, dated September 3, 2004. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 400.114: MAYOR'S VETO MESSAGE REGARDING BILL 178, DRAFT 5, RELATING TO THE CHANGE OF ZONE REQUEST BY CLIFTO'S KONA COAST, LLC, APPLICANT From Mayor Harry Kim, dated August 23, 2004, returning Bill 178, Draft 5, stating his reason for disapproval, as listed; and (Bill 178, Draft 5, continues on the next page.) Hawaii County Council-44 Page 11 September 15, 2004 Bill 178 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 5): (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). {Clifro's Kona Coast, LLC, Applicant.}; Re: Comm. 400.93 Intr. by: Mr. Elarionoff Deferred: December 17, 2003 and May 5, 2004 Public Hearing: January 23, 2004 I"Reading: Apri] 21, 2004 Held Over: July 23, 2004 2"a Reading: August 4, 2004 Mayor's Veto: August 23, 2004 and Comm. 400.115: From Louis Copman, M.D., dated August 30, 2004; and Comm. 400.116: From Steve Mckitrick; and Comm. 400.117: From Peggy Ratliff, dated August 27, 2004; and Comm. 400.118: From Janice Palma-Glennie, Sierra Club - Moku Loa Group, dated August 26, 2004; and Comm. 400.1 19: From Diane Stone, dated August 15, 2004; and Comm. 400.120: From Ann Goody, Three Ring Ranch Exotic Animal Sanctuary, dated August 27, 2004; and Comm. 400.121: Copy of a letter to Governor Linda Lingle from Chair James Y. Arakaki, dated September 1, 2004; and Comm. 400.122: From Susan ONeill, dated August 31, 2004; and Comm. 400.123: From Mike Osborne; and Comm. 400.124: From Dan Sabo, dated August 11, 2004; and Comm. 400.125: From Aggelige Spanos, dated August 11, 2004; and Comm. 400.126: From George L. Mozingo, dated August 11, 2004; and Comm. 400.127: From Lillian Fox, dated August 22, 2004; and Comm. 400.128: From Aaron Stene, dated August 23, 2004; and Comm. 400.129: From Aaron Stene, dated August 26, 2004; and Comm. 400.131: From Chris Perritt, dated August 27, 2004; and Comm. 400.132: From Jane Shankle, dated August 27, 2004; and Comm. 400.133: From Dan Lindsay, dated August 24, 2004. Nate: In order for this bill to became law, the Council must vote (by majority) to reconsider it, within 30 days after it is returned; and to auurove it again (2/3 majority vote) (See Article III, Section 3-12, Hawaii County Charter). For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. Hawaii County Council-44 Page 12 September 15, 2004 ANNOUNCEMENTS MONDAY, OCTOBER 4, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, OCTOBER 5, 2004 COMMITTEES TBA COUNCIL ROOM TUESDAY, OCTOBER 19, 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, OCTOBER 20, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM 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 parry; 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 September 13, 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 Offtce at 77-6399 Nalani Street, Suite 104, Kailua-Kona, Hawaii 96740. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, September 22, 2004, at 6 p.m.; Sunday, September 26, 2004, at 10:30 a.m.; and Wednesday, September 29, 2004, at 6 p.m.