Loading...
HomeMy WebLinkAboutAGE COUNCIL 01/05/2005 2004-2006 ~<V Oi y GARY SAFARIK ~ r••!!~ JAMES Y. ARAKAKI Chairman & /'residing OJ~cer STACY K. RIGA PETE HOFFMANN BOB JACOBSON FRED C. HOLSCHLJH, M.D. vIm Chairman , • ~ DONALD IKEDA VIRGINIA ISBELL K. ANGEL PILAGO COUNTY COUNCIL County ofHawai'i Hawai `i County Building 25 Aupuni Street Hiln, Hawai `i 96720 3`a Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, January 5, 2005 9:00 a.m. INVOCATION Reverend Mary David of the Honpa Hongwanji Hilo Betsuin CALL TO ORDER ROLL CALI. PLEDGF, OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please tum cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County u~ an E9ual Opportunity Provider and Employer. Hawaii County Council-3 Page 2 January 5, 2005 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. 19-04: Authorizes the Acceptance of a Monetary Donation of $800 to the Office of Management donated by the Hawaii Alliance for Community Health. {Funds to be used to offset the cost of the 2004 Hawaii Island Meth Summit III held on October 22, 2004.} Re: Comm. 29 Intr. by: Ms. Isbell Approve: FC-9 Res. 20-04: Creates a Real Property Appraiser V Position and Abolishes an Abstractor I Position for the Department of Finance Real Property Tax Division. {'T'his position to be situated at the West Hawaii Office will assume responsibility for commercial appraisal and provide assistance to the other appraisers when complex issues arise.} Re: Comm. 30 Intr. by: Ms. Isbell Approve: FC-11 Res. 214 Creates a Traffic Safety Coordinator (Temporary) for the Hawaii County Police (Draft 2): Department. {This position will facilitate the development of a County of Hawaii Driving Prevention Task Force, serve as the liaison for the Police Department between the community and other government agencies regarding impaired driving program, and evaluate the Intoxilyzer program and the Administrative Revocation Procedures to improve the conviction rate.} Re: Comm. 32.1 Intr. by: Ms. Isbell Approve: FC-13 Hawaii County Council-3 Page 3 January 5, 2005 Res. 224: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Health, Disability and Communication Access Board (DCAB), Pursuant to HRS 46-7, to Implement the Statewide Program on Parking for Persons with Disabilities. {Funds to be used to issue parking placards and identification cards to qualified persons with disabilities, to obtain and maintain computer hardware and software and Internet service to gain access to the parking permit database system, to ensure that designated staff are properly trained, to attend quarterly meetings, to adhere to the strict Parking Program's guidelines and rules, and to conduct periodic checks to ensure that placards are issued only to individuals who present the required documentation.} Re: Comm. 33 Intr, by: Ms. Isbell Approve: FC-14 Res. 234: Authorizes the Acceptance of a Monetary Donation of $1,000 to the Hawaii County Police Department donated by Wal-Mart Hilo's community involvement program. {Funds to be used for the Police Department's Neighborhood Watch Program. } Re: Comm. 34 Intr. by: Ms. Isbell Approve: FC-16 Res. 29-04: Relates to Legislative Proposals for Inclusion in the 2005 Hawaii State Association of Counties (HSAC) Legislative Package. {These four proposed measures relate to the following: Counties, Intoxicating Liquor, Conveyance Tax, and County Taxes. } Re: Comm. 55 Intr. by: Mr. Safarik Waived: PWIRC Hawaii County Council-3 Page 4 January 5, 2005 BILLS FOR ORDINANCES (FIRST READING) Bill Amends Chapter 7 of the Hawaii County Code 1983 (1995 Edition), Relating to Civil Defense, Disaster Control. {Proposed amendments to increase the effectiveness of civil defense ordered evacuations during impending disasters or disasters. } Re: Comm.6 Intr. by: Mr. Chung (B/R) Approve: PSPRC-3 Bill 5: 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 Prior Year ($1,828,000); appropriates to the following: Highway Maintenance Administration Equipment ($428,000) and Transfer to Capital Project Fund ($1,400,000), for a total of $1,828,000. Funds to be used for six truck-mounted Boom Mowers, the construction of a new North Hilo/Hamakua Highway Maintenance Building, and the resurfacing of Palani Road and Mamalahoa Highway. } Re: Comm. 25 Intr. by: Ms. Isbell Approve: FC-5 Bill 6: Amends Ordinance No. 04J5, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Increases appropriation to PUBLIC WORKS: North Hilo/Hamakua Highway Maintenance Building Construction ([$700,000] $1,200,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($500,000). Previous appropriation of $700,000 was based on estimate for construction. Current construction rates and costs for the environmental impact statement now brings the estimate to $1,200,000.} Re: Comm. 26 Intr. by: Ms. Isbell Approve: FG6 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-3 Page 5 January 5, 2005 Bill 7: 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 PUBLIC WORKS: Palani Road Improvements (Mamalahoa to Queen Ka`ahumanu) ($400,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($400,000). Funds to be used for the resurfacing of this roadway.} Re: Comm. 27 Intr. by: Ms. Isbell Approve: FC-7 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 8: Amends Ordinance Nc. 04-75, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds PUBLIC WORKS: Mamalahoa Highway Improvements -Mud Lane to Waimea Town ($500,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($500,000). Funds to be used for the resurfacing of this roadway.} Re: Comm. 28 Intr. by: Ms. Isbell Approve: FGS 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 9: 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 Contribution from Private Source ($800); appropriates same to Office of Management Other Current Expense. } Re: Comm. 29 Intr. by: Ms. Isbell Approve: FC-10 Bill 10: 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 -Disabled Parking ($18,420); appropriates same to Disabled Parking -State. } Re: Comm. 33 Intr. by: Ms. Isbell Approve: FC-15 Hawaii County Council-3 Page 6 January 5, 2005 Bill 12: 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 Contribution from Private Source ($1,000); appropriates same to Police Administrative Division -Other Current Expense.} Re: Comm. 34 Intr. by: Ms. Isbell Approve: FC-17 Bill 13: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to June 3Q 2005. {Increases appropriation to MASS TRANSIT: West Hawaii and Puna Transit Facilities ([$480,000] $1,980,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or other Sources ($1,500,000). Additional funds to be used for park and ride facilities. } Re: Comm. 35 Intr. by: Ms. Isbell Approve: FC-18 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 14 Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements (Draft 2): and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Increases appropriation to PARKS AND RECREATION: Lifeguard Towers/Stands Upgrade ([$100,000] 136 500); funds to be provided from General Fund and/or Other Sources ($36,500). Additional funds to augment the current allotment to ensure that adequate facilities are afforded County of Hawaii lifeguards to surveil and monitor safe recreational use of the beach parks by the public. } Re: Comm. 36.1 Intr. by: Ms. Isbell Approve: FC-19 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-3 Page 7 January 5, 2005 Bill 312 (Draft 4) Amends Chapter 21, Article 4, of the Hawaii County Code 1983 (1995 (2002-2004): 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 Deferred: September 15, October 4, and October 20, 2004 and Comm. 731.4 From Council Member Joe Reynolds, dated October 1, 2004; and (2002-2004): Bill 312 (Draft 5) Amends Chapter 21, Article 4, of the Hawaii County Code 1983 (1995 (2002-2004): Edition), Relating to Sewer Service Charges. Draft 5 eliminates the penalty for past due accounts, and adds a ''/a% increase in the interest rate per month, for a total of ]''/z% per month, and changes the approval date to October 1, 2005; Re: Comm. 731.5 Intr. by: Mr. Reynolds (B/R) Deferred: October 20, 2004 and Bill 312 (Draft 6) Amends Chapter 21, Article 4, of the Hawaii County Code 1983 (1995 (2002-2004): Edition), Relating to Sewer Service Charges. Draft 6 amends Sections 31-32(c) and (d) by deleting references to property owners and the designated person (tenant or other designated individual), including joint and several liability for entire sewer service charges). Re: Comm. 731.7 Intr. by: Mr. Reynolds Deferred: October 20, 2004 (Note: There is a pending motion by Mr. Reynolds and duly seconded by Mr. Tulang to approve Bi11312, Draft 4; a pending motion by Mr. Reynolds and duly seconded by Mr. Tyler to amend Bi11312, Draft 4, with Draft 5; and Bill 312, Draft 5, was further amended to Draft 6 on October 20, 2004.) Hawaii County Council-3 Page 8 January 5, 2005 Bill 371 Initiates a Charter Amendment to the Hawaii County Charter (2000), Relating (2002-2004): to Article III, Section 3-2, Composition and Terms of Elected Members of the County Council {Increases the eligibility of the Members of the Hawaii County Council to hold office for up to, but no more than, six consecutive terms or 12 years.} Re: Comm. 857 [ntr. by: Mr. Chung Approve: FC-356 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter ORDER OF THE DAY (SECOND OR FINAL READING) Bill 357 (Draft 2) Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (2002-2004): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Single Family Residential (RS-10) to Industrial - Commercia] 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 1"Reading: November 24, 2004 Bill 358 (Draft 2) Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (2002-2004): (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 Ohana Dental, Applicant. } Re: Comm. 823.1 Intr. by: Mr. Elarionoff 1 s` Reading: November 24, 2004 Bill 359 (Draft 3) Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (2002-2004): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Family Agricultural (FA-3a) to Single Family Residential (RS-] 5) at Waiakea Homesteads, South Hilo, Hawaii, Covered by Tax Map Key 2-4-38:16 (approx. 2.5138 acres). {Betty Wung, Applicant.} Re: Comm. 824.3 Intr. by: Mr. Elarionoff 1 s` Reading: November 24, 2004 Hawaii County Council-3 Page 9 January 5, 2005 Bill 360 (Draft 2) Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (2002-2004): (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 1~` Reading: November 24, 2004 Bill 369 Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements (2002-2004): and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds PARKS AND RECREATION: Machado Acres Park ($50,000); funds to be provided from General Fund and/or Other Sources ($50,000). Funds to be used to augment the current allotment to ensure that adequate funding is available to implement the project and result in a passive park site for the enjoyment of the community, to ensure adequate surface water flow through drainage easements at the site, and to remove large trees and undergrowth that could negatively impact surrounding property owners. } Re: Comm. 853 Intr. by: Mr. Chung 1"Reading: December 21, 2004 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 370 Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements (2002-2004): and Financing Thereof for the Fiscal Year July I, 2004 to June 30, 2005. {Adds PARKS AND RECREATION: Repairs to Facilities ([$600,000] $804,000); funds to be provided from General Fund and/or Other Sources ($204,000). Funds to assist in implementing much needed park repairs and improvements to the following districts: District 3 -Improvement to Pana`ewa Equestrian Center Arena ($49,500); District 7 -Repair playground equipment and other improvements at Higashihara Park ($74,500); and District 9 -Repair facilities at the Kamehameha Park Complex ($30,000), Repair facilities at the Waimea Park Complex ($30,000), and Tree trimming 7 landscape improvements for Waimea Trails and Greenways near Waimea Country School ($20,000). } Re: Comm. 856 Intr. by: Mr. Chung ] Reading: December 21, 2004 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-3 Page ]0 January 5, 2005 Bill 3: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawai' i for the Fiscal Year Ending June 30, 2005. {Increases revenues in Federal Grants- Workforce Investment Act ($5,955); appropriates same to Workforce Investment Act - Administration/Planning 04-05. } Re: Comm. 10 Intr. by: Mr. Reynolds l~` Reading: December 21, 2004 Bill 11: 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. {Increases appropriation to PARKS AND RECREATION: Repairs to Facilities ([$804,000] $857 000); funds to be provided from General Fund and/or Other Sources ($53,000). Additional funds of $53,000 to assist in implementing repairs and improvements at the Pahala Swimming Pool. } Re: Camm.23.1 Intr. by: Ms. Isbell 151 Reading: December 21, 2004 2/3 Vote: Section 10-6(d), Hawai`i County Charter REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ended November 30, 2004. FC-1 Recommends confirmation of the reappointment of Ms. Dixie Kaetsu as (Comm. 12): County of Hawaii Managing Director. FC-2 Recommends confirmation of the reappointment of Mr. William Takaba as (Comm. 13): County of Hawaii Director of Finance. FC-3 Recommends confirmation of the reappointment of Mr. Lincoln S. T. Ashida (Comm. 14): as County of Hawaii Corporation Counsel. FC-4 Recommends confirmation of the reappointment of Mr. Clayton K. Yugawa as (Comm. 19): County of Hawaii Director of Data Systems. Hawaii County Council-3 Page 11 January 5, 2005 FC-12 Recommends approval of the donation of $25 to the Department of Parks and (Comm. 31): Recreation, for programs at the Pana`ewa Rainforest Zoo, by The Fraternal Order of Eagles -Hilo Hawaii Aerie #3642; and the donation of eight bicycle racks to the Department of Public Works, for public use in the Downtown Hilo area, with a total estimated value of $1,200 (valued at $150 each), from Basically Books (2 racks), Hilo Bay Hostel (2 racks), KTA Downtown (2 racks), Abundant Life Natura] Foods (1 rack), and Da Kine Bike Shop (1 rack). PC-] Recommends confirmation of the reappointment of Mr. Christopher J. Yuen as (Comm. 15): County of Hawaii Director of Planning. PWIRC-1 Recommends confirmation of the reappointment of Mr. Bruce C. McClure as (Comm. 16): County of Hawaii Director of Public Works. PSPRC-] Recommends confirmation of the reappointment of Ms. Patricia G. Engelhard (Comm. 18): as County of Hawaii Director of Parks and Recreation. PSPRC-2 Recommends approval of the appointment of Mr. Hugh Clark to serve on the (Comm. 5.1): Police Fleet Implementation Working Group. HSEDC-1 Recommends confirmation of the reappointment of Ms. Jane Higa Testa as (Comm. 20): County of Hawaii Director of Research and Development. EMC-1 Recommends confirmation of the reappointment of Ms. Barbara Bell as (Comm. ] 7): County of Hawaii Director of Environmental Management. 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. 9: CLAIM AGAINST THE COUNTY/BRADLEY PACIFIC AVIATION From Deputy Corporation Counsel Joseph K. Kamelamela, dated November 19, 2004. Comm. 47: CLAIM AGAINST THE COUNTY/ELAINE ABE & AVIS RENT A CAR From Deputy Corporation Counsel Joseph K. Kamelamela, dated December 17, 2004. Hawaii County Council-3 Page 12 January 5, 2005 OTHER BiJSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS THURSDAY, JANUARY 20, 2005 COMMITTEES TBA COUNCIL ROOM FRIDAY, JANUARY 21, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, FEBRUARY 1, 2005 COMMITTEES TBA COUNCIL ROOM WEDNESDAY. FEBRUARY 2, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM STATF,MENTS 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 January 4, 2005. Persons using TDDs may call 961-8521. 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 Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawaii 96740. Note: Videoconference from the Kona Mayor's Office is available for this meeting. Submitting Testimony: Those persons wishing to testify in person or by videoconference must register with the Council/Clerk's staff. Those testifying in person and submitting written testimony at the meeting in Hilo should bring fifteen copies of the testimony for distribution at the meeting. Those testifying by videoconference from the Mayor's Office in Kailua-Kona, located at Hanama Place, 75-5706 Kuakini Hwy., Suite 103, should bring one copy of the testimony. Those persons unable to testify in person or by videoconference may submit testimony (1) by mail to the County Clerk's Office in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to counciltestimony@co.hawaii.hi.us. Copies will be made and distributed at the meeting when transmitted in a timely manner. In any case, both oral and written testimony will be considered public record. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, January 12, 2005, at 6 p.m.; Sunday, January 16, 2005, at 10:30 a.m.; and Wednesday, January 19, 2005, at 6 p.m.