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HomeMy WebLinkAboutAGE COUNCIL 11/24/2004 2002-2004 JAMES Y. AItAKAKI "`~"r'~hy AARON S.Y. CHUNG Ch~urrnnn & l'rexufirrg OJJfar ~ Wiy' LENINGRAD ELARIONOFF FRED C. HOLSCHUH, M.D. 1 CUKTIS'I'YLF;R, III BOB JACOBSON L7er Cfinirrnun y~~ JOE REYNOLDS GARY SAFARIK MICHAEL C.TULANG COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Haxai'i 9(720 48'x' Session ORDER OF BUSINESS , Hawaii County Council Ohana Keauhou Beach Resort Kailua-Kona, Hawaii Wednesday, November 24, 2004 9:00 a.m. INVOCATION Pas[or Jason Meechan, Thy Word Ministries -Kona CALL'FO ORDEK ROLL ('ALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawni'i Cnuruv ~s~ nn Equul Opportunity Provider and Employer. Hawaii County Council-48 Page 2 November 24, 2004 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 859: HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) 2005 I,EG[SLATIVE PACKAGE From HSAC Vice President Michael Tulang, dated November 9, 2004, transmitting for Council's consideration and approval nine proposals for inclusion in the 2005 HSAC Legislative Package. STATF.hIENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 255-04: Amends Salary Ordinance No. 04-60 to Add Exempt Classes of Work for Persons Employed by [he Office of the County Council and Office of Housing and Community Development Whose Pay is Not Otherwise Provided tor; Re: Comm. 810 Intr. by: Mr. Chung (B/R) Waived: EC Deferred: October 20 and November 10, 2004 and Res. 255-04 Amends Salary Ordinance No. 04-60 to Add Exempt Classes of Work for (Draft 2): Persons Employed by the Office of the County Council and Office of Housing and Community Development Whose Pay is Not Otherwise Provided for. Draft 2 adds the Election Clerk I position under Section 7.01 of the bill; Re: Comm. 810.1 Intr. by: Mr. Chung (B/R) Deferred: October 20 and November 10, 2004 and Res. 255-04 Amends Salary Ordinance No. 04-60 to Add Exempt Classes of Work for (Draft 3): Persons Employed by the Office of the County Council and Office of Housing and Community Development Whose Pay is Not Otherwise Provided for. {Draft 3 is the result of the following amendments made to Draft 2 on October 20, 2004: deletes Legislative Analyst I, II, and III; deletes Council Services Supervisor, Council Services Assistant I and II, and Legislative h~formation and Reference Technician; and deletes related information in the recitals.} Re: Comm. 810.2 Intr. by: Mr. Chung Deferred: October 20 and November 10, 2004 (Note: There is a pending motion by Mr. Chung and duly seconded by Mr. Jacobson to approve Resolution 255-04; and a pending motion by Mr. Chung and duly seconded by Mr. Jacobson to amend Resolution 255-04 with Drat't 2, as amended on October 20, 2004.) Hawaii County Council-48 Page 3 November 24, 2004 Res. 258-04: Authorizes the Acceptance of a Monetary Donation of $1,500 to the Hawaii County Fire Department as part of Wa]-Mart Hilo's community involvement program. {Funds to be used to purchase educational materials to be distributed to the public in commemoration of Fire Prevention Week in October and of Emergency Medical Services Week in May 2005.} Re: Comm. 830 Intr. by: Mc Chung Approve: FC-341 Res. 259-04: 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 a Highway Safety Training Grant for the Office of the Prosecuting Attorney. {Funds to be used to conduct Statewide training sessions on Driving Under the Influence Enforcement and Prosecution and on Crash Reconstruction Dynamics, vehicles and occupant kinematics. } Re: Comm. 831 Intr. by: Mr. Chung Approve: FC-343 Res. 260-04: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Transportation, Pursuant to HRS 46J, for the Hawaii County Fire Department's Spine Board Equipment Purchase Project. {Funds to be used to purchase 50 radio translucent spine boards, eliminating the need to transfer patients from spinal immobilization boards to obtain x-rays. } Re: Comm. 832 Intr. by: Mr. Chung Approve: FC-345 Res. 262-04: Authorizes the (1) Extension of the Public Sewer from Ali'i Drive Mauka and Across Walua Road; and (2) Reimbursement for the Cost of Construction of the Extension by Bolton, Inc. at Wai'aha, North Kona, Hawaii. Re: Comm. 836 Intr. by: Mr. Tyler Approve: PEMC-21 Hawaii County Council-48 Page 4 November 24, 2004 Res. 263-04: Authorizes [he Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for Multi-Year Lease (5-years) for a Copier for the Department of Finance Accounts Division. {Current copy machine lease to expire December 2004.} Re: Comm. 839 Intr. by: Mr. Chung Approve: FC-349 Res. 273-04: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Appropriates $89,500 out and from Clerk-Council Services -Contingency Relief account; credits to the following: Research and Development Hawaii County Resource Center ($23,000), Research and Development Tourism Promotion ($7,500), Transfer to Capita] Improvement Project Fund ($46,500), and Parks and Recreation Friends of the Park ($12,500), for a total of $89,500. } Re: Comm. 861 Intr. by: Mr. Tulang Waived: FC Res. 274-04: Authorizes the Corporation Counsel, and His Authorized Representatives, to Enter into an Agreement with the Individually Named Party, Who is an Employee of the County of Hawaii, to Represent Him in the Civil Action Entitled Thomas G. Nauman Vs. Paul Bugado, Et Al., Civil No. 04-00392 DAE\LEK. Re: Comm. 801.1 Intr. by: Mr. Chung Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 354: 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 State Grants -Product Development Program ($75,000); appropriates same to Product Development Program -State. Funds to ensure that the contract management procedures and the overall administration of the Department of Research and Development's Product Enrichment Program continue to run smoothly. } Re: Comm. 813 Intr. by: Mr. Chung Approve: FC-340 Ifawai'i County Council-48 Page 5 November 24, 2004 Eiill 357 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Single Family Residential (RS-10) to Industrial - Commercial Mixed (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-49:26 (approx. 22,300 square feet). {Automotive Supply Center, Ltd., Applicant. } Re: Comm. 822.1 Intr. by: Mr. Elarionoff Approve: PC-118 Bill 358 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Single Family Residential (RS-10) to Industrial-Commercial Mixed (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-37:31 (approx. 22,300 square feet). {Island Ohuna Dental, Applicant. } Re: Comm. 823.1 Intr. by: Mr. Elarionoff Approve: PC-119 Bill 359 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Family Agricultural (FA-3a) to Single Family Residential (RS-15) at Waiakea Homesteads, South Hilo, Hawaii, Covered by Tax Map Key 2-4-38:16 (approx. 2.5138 acres). {Betty Wung, Applicant.} Re: Comm. 824.1 Intr. by: Mr. Elarionoff Approve: PC-120 Bill 360 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Single Family Residential (RS-10) to Residential Commercial Mixed Use (RCX-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-21:30 (approx. 9,367 square feet). {Glenn Ahuna, Applicant. } Re: Comm. 825.1 Intr. by: Mr. Elarionoff Approve: PC-121 Hawaii County Council-48 Page 6 November 24, 2004 Bill 361: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for [he Fiscal Year Ending June 30, 2005. {Increases revenues in Contribution from Private Source ($1,500); appropriates to the following: Fire Protection -Other Current Expense ($500) and Fire Prevention -Other Current Expense ($1,000), for a total of $1,500. } Re: Comm. 830 Intr. by: Mr. Chung Approve: FG342 Bill 362: 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 -Driving Under the Influence and Crash Reconstruction Training Grant ($24,144); appropriates same to Federal Grants -Driving Under the Influence and Crash Reconstruction Training Grant. } Re: Comm. 831 Intr. by: Mr. Chung Approve: FC-344 Bill 363: 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 -Spine Boards ($10,163.20); appropriates same to Fire Grants -Spine Boards -Federal. } Re: Comm. 832 Intr. by: Mr. Chung Approve: FC-346 Bill 364: 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 Federal Grants -Coordinated Services ($23,500); appropriates same to Coordinated Services -Equipment. Funds to enable the Department of Parks and Recreation's Coordinated Services Program to replace one of their current vehicles, which is unable to be repaired or costs too much to repair. } Re: Comm. 838 Intr. by: Mr. Chung Approve: FC-348 Hawai' i County Council-48 Page 7 November 24, 2004 Bill 373: 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 POLICE DEPARTMENT: South Kona Police Station, refueling station, and radio tower-plans, designs, construction ($3,685,000); funds to be provided from General Obligation Bonds, Capital Projects Fund Balance and/or Other Sources ($3,685,000). Funds to be used for planning, design, and construction for a new police station in South Kona. } Re: Comm. 860 Intr. by: Mr. Reynolds Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter ORDER OF THE DAY (SECOND OR FINAL READING) Bill 49 Amends Chapter 19, Articles 1,7 and 8 of the Hawaii County Code 1983 (Draft 4): (1995 Edition), Relating to Real Property Tax Definitions; Non-Dedicated Agricultural Use Assessment and Agricultural Use Dedication. {Proposes amendments to real property tax provisions to support the agriculture industry through property tax incentives, and to close loopholes that enable some non- farmers to take advantage of tax provisions intended to help the agriculture industry. } Re: Comm. 118.38 Intr. by: Mr. Chung and Mr. Tyler 1sT Reading: November 10, 2004 Bill 248 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Draft 5): (toning Code) of the Hawai i County Code, by Changing the District Classification from Agricultural 1-Acre (A-la), Neighborhood Commercial - 40,000 Square Foot (CN-40), Single Family Residential - 7,500 Square Foot and 10,000 Square Foot (RS-7.5 and RS-10) and Open (O) to Project District at South Hilo, Hawaii, Covered by Tax Map Key 2-3-44:19, 2-3-49:53 and 2-3-37:1 (171.504 acres). {Western United Life Assurance Company, Applicant. } {Draft 5 differs from Draft 4 by 1) correcting the maximum allowable units from 550 to 500; 2) amending Condition I relating to mitigating the impact of commercial areas to residential neighbors; 3) reducing the right- ot=way width of Ponahawai extension from 80 to 60 feet; 4) allowing new street connections to existing streets to be for emergency access; 5) allowing the 5-acre park to be passive rather than active; and 6) other clarifying amendments. } Re: Comm. 560.45 Intr. by: Mr. Elarionoff 111 Reading: November 10, 2004 Hawai' i County Council-48 Page 8 November 24, 2004 Bill 327 Amends Ordinance No. 91-71, Which Amended Ordinance No. 89-54, Which (Draft 4): Reclassified 2.23 Acres of Land from a Multiple Family Residential 1,000 Square Foot (RM-1) to a Resort-Hotel 1,000 Square Foot (V-1) District at Puaa 2nd, North Kona, Hawaii, Covered by Tax Map Key 7-5-9:40 (approx. 2.23 acres). {Kona Oasis, Inc., Applicant.} {Draft 4 differs from Drafr 3 by 1) adding a standard 5-year deadline to complete construction; 2) requiring movement restrictions to an approved conceptual alignment; 3) requiring completion of roadway improvements to issuance of an occupancy permit; 4) requiring sewer connection prior to occupancy; and 5) making minor clarifying amendments. } Re: Comm. 770.9 Intr. by: Mr. Elarionoff Deferred: October 20, 2004 1s' Reading: November 10, 2004 Bill 329 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (Draft 3): Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-20a) to Agricultural (A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-27:21 (approx. 20.992 acres). {Thad E. Bond, Applicant.} {Draft 3 amends Condition K, wherein the figures and text were adjusted to reflect one additional lot, instead of two; and the word "additional" was added where appropriate in this condition. } Re: Comm. 786.2 Intr. by: Mr. Elarionoff 1~' Reading: November 10, 2004 Bill 341 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (Draft 3): Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-20a) to Family Agricultural (FA3a) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-25:7 (approx. 20.477 acres). {Phil Knierim, Applicant.} {Draft 3 amends Condition G(3) by replacing " 20%" with " 33%' ;Condition L, wherein the figures and text were adjusted to reflect five additional lots, instead of six, and the word "additional" was added where appropriate in this condition. } Re: Comm. 787.2 Intr. by: Mr. Elarionoff Is' Reading: November 10, 2004 Hawaii County Council-48 Page 9 November 24, 2004 Bill 342: 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 Kalaoa 1st and 2nd, North Kona, Hawaii, Covered by Tax Map Key 7-3-011:068 (approx. 1.8628 acres). {Lilian Mahi, Applicant.} Re: Comm. 788 Intr. by: Mr. Elarionoff 1 s` Reading: November 10, 2004 Bill 343 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 - 5 Acres (A-Sa) to Single Family Residential - 20,000 Square Feet (RS-20) at Kalaoa 1st and 2nd, North Kona, Hawaii, Covered by Tax Map Key 7-3-011:068 (approx. 1.8628 acres). {Lilian Mahi, Applicant.} {Draft 3 amends Condition K by adding the word "additional" where appropriate in this condition. } Re: Comm. 788.2 Intr. by: Mr. Elarionoff 1 Reading: November ] 0, 2004 Bill 344 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Neighborhood Commercial (CN-10) to Industrial- Commercial Mixed (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-32:93 (approx. 59,356 square feet). {WKSP Limited Partnership, Applicant.} Re: Comm. 793.1 Intr. by: Mr. Elarionoff 1" Reading: November 10, 2004 Bill 345: 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 -Repeat Offenders Project ($16,800); appropriates same to Repeat Offenders Project. } Re: Comm. 795 Intr. by: Mr. Chung 1~' Reading: November 10, 2004 Hawaii County Council-48 Page 10 November 24, 2004 Bill 346: 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 -Geopowering the West ($9,560); appropriates same to Geopowering [he West.} Re: Comm. 796 Intr. by: Mr. Chung Is' Reading: November 10, 2004 Bill 347: 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 -Community Oriented Policing Services -Police ($200,000); appropriates same to Community Oriented Policing Services - Police.} Re: Comm. 797 Intr. by: Mr. Chung 1~` Reading: November 10, 2004 Bill 348 Amends Ordinance No. 04-59 of the County of Hawaii on May 19, 2004 (Draft 2): Relating to the Issuance of General Obligation Bonds for the Purpose of Financing Various Public Improvements for the County of Hawaii. {Proceeds to be apportioned as follows: North and South Kona ($23,000,000); South Kohala ($10,000,000); Puna ($7,000,000); four park-and-ride facilities in Hamakua, South Kona, North Kona, and Puna ($1,500,000); Sand Gulch by-pass road in H~makua ($2,400,000); Laupahoehoe Point emergency access road ($100,000); transportation enhancement projects in Hilo ($1,000,000); and island wide facility planning efforts to include $2,000,000 for the identification of roadway corridors, wastewater facilities planning and expansion, solid waste facilities planning and implementation and multimoda] transportation planning and implementation, for a total bond authorization of $47,000,000. } Re: Comm. 798.7 Intr. by: Mr. Chung 1"Reading: November 10, 2004 Hawaii County Council-48 Page 11 November 24, 2004 Bill 349: 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 Fund Balance from Previous Year ($298,200); appropriates same to Highway Maintenance Administration Equipment. Funds to be used for the purchase of seven 6-passenger dump trucks with radio accessories for the new additional positions being requested (ref. to Res. 225-04 and Bill 310) and will be funded from the available fund balance.} Re: Comm. 803 Intr. by: Mr. Chung 1" Reading: November 10, 2004 Bill 350 Amends Ordinance No. 04-74, as Amended, Che Operating Budget for the (Draft 4): County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Fund Balance from Previous Year ($4,042,488); appropriates to the following: Research and Development Salaries and Wages ($37,488), Building Repair and Maintenance Other Current Expense ($80,000), Transfer to Capital Project Fund -General Fund ($600,000), Transfer to Self Insurance Fund ($2,500,000), Planning Other Current Expense Miscellaneous Contract Services ($750,000), Mass Transit Other Current Expense Miscellaneous Contract Services ($75,000), for a total of $4,042,488. Pursuant to Section 10-8 of the Hawaii County Charter relating to supplemental appropriations, certifies there is an excess balance of $6,697,734.37 in the General Fund fund balance as of June 30, 2004 and, therefore, proposes to fund a portion of this amount for the above projects. } Re: Comm. 804.17 Intr. by: Mr. Arakaki l"Reading: November 10, 2004 Bitl 352: Amends Chapter 21, of the Hawaii County Code 1983 (1995 Edition), Relahng to Sewer Service Charges. {Allows sewer customers to document accurate readings of discharge into the County sewer system and for customers to be charged only for the amount actually discharged into the County system.}; Re: Comm. 808 Intr. by: Mr. Tyler 1 Reading: October 20, 2004 Deferred: November 10, 2004 and Comm. 808. I : From Environmental Management Director Barbara Bell, dated October 28, 2004. (Cornm. 808.2 continues on the next page.) Hawaii County Council-48 Page 12 November 24, 2004 Comm. 808.2: From Environmental Management Director Barbara Bell, dated November 16, 2004. (Note: There is a pending motion by Mr. Tyler and duly seconded by Mr. Tulang to approve Bi11352. There is a pending motion by Mr. Tyler and seconded by Ma Holschuh to further amend Bi11352 with the following language inserted before the second to the last sentence of Section 2: "When the metering system is located on public property, it shall be acceptable to the County and installed in accordance with the rules and regulations set forth by the Department of Water Supply.") RENORTS FC-339 Recommends the acceptance of a $643 donation to the Parks and Recreation (Comm. 812): Department from the Potluckers Golf Club for programs at the Pana`ewa Rainforest Z.oo. PC-347 Recommends the acceptance of the Art Work entitled "Recycle Right Now" (Comm. 837): (estimated value of $100) to the Department of Environmental Management from Ms. Toby S. Hazel. 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.) OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOItNCEMENTS MONDAY, DECEMBER 6, 2004 COUNCIL SINE DIE 10:00 a.m. COUNCIL ROOM COUNCIL NEW 3:00 p.m. COUNCILROOM MONDAY, DECEMBER 20, 2004 COMMI"fTEES TBA COUNCIL, ROOM TUESDAY, DECEMBER 21, 2004 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT AND SPA Hawaii County Council-48 Page 13 November 24, 2004 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 November 22, 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 C'lerk'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 ]03, 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, December 1, 2004, at 6 p.m.; Sunday, December 5, 2004, at 1030 a.m.; and Wednesday, December 8, 2004, at 6 p.m.