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HomeMy WebLinkAboutAGE COUNCIL 01/21/2005 2004-2006 ~-`V GARY SAFARIK •'Y'~ "Vr, JAMES Y. ARAKAKI Chnirrnnn & Presiding Officer ~'4 STACY K. RIGA PETE HOFFMANN BOB JACOBSON FRED C. HOLSCHUH, M.D. Vire Chnirmnn ~'~.a,w'yJ DGNALD IKEDA VIRGINIA ISBELL K. ANGEL PILAGO COUNTY COUNCIL county ofHawai'i Hawaii County Building _ _ l5 Aupuni Street Hilo, Hawai `i 96720 4`~' Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Friday, January 21, 2005 9:00 a.m. INVOCATION Reverend Larry Walter, First United Protestant Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES July 23, August 4, and August 18, 2004 (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-4 Page 2 January 21, 2005 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 67: 2005 LEGISLATIVE SESSION LEGISLATIVE PRIORITIES From Mayor Harry Kim, dated December 14, 2004, submitting his legislative priorities for the coming year which include CIP and other financial support requests, requests on county issues, and other requests. Further states that they are not restricting their support to only county projects but have listed projects that they believe are important for the whole island; Waived: PWIRC and Comm. 67.1: From Mayor Harry Kim, dated January 11, 2005. STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 26-04: Authorizes Grant of Easement for Retaining Wall Purposes at Kaloko, District of North Kona, Island, County and State of Hawai `i, Tax Map Key (3)7-3-051:019:Portions of Hinalani Street, Kanalani Street, and Olowalu Street, to Kona Industries, Inc. Re: Comm. 41 Intr. by: Mr. Ikeda Waived: PWIRC Deferred: December 21, 2004 (Note: There is a pending motion by Mr. Ikeda and duly seconded by Mr. Jacobson to approve Resolution 26-04.) Res. 27-04: Authorizes the Acceptance of Computer Equipment from the State of Hawaii for the Hawaii County Police Department. {Accepts transfer of ownership of State computer equipment purchased for the Green Box Pilot Project, to the County of Hawaii (estimated value is $171,000).} Re: Comm. 52 Intr. by: Ms. Isbell Approve: FC-21 Hawaii County Council-4 Page 3 January 21, 2005 Res. 28-04: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for Multi-Year Leases (five years) for Three (3) Copiers for the Hawaii County Police Department. {The leases on the three copiers currently in use have expired. Obtaining leases on more technically advanced copiers will increase staff productivity via faster copying and forms printing.} Re: Comm. 53 Intr. by: Ms. Isbell Approve: FC-22 Res. 30-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates out and from Clerk -Council Services -Contingency Relief account ($372.70); credits same to Training and Volunteer Fire Other Current Expense Contractual Services-Public Safety Supplies (Na`alehu Volunteer Fire Department). Funds to be used to purchase atarpaulin/tent to protect the fire truck at the Na`alehu Volunteer Fire Department.} Re: Comm. 60 Intr. by: Mr. Jacobson Waived: FC Res. 35-05: Relates to a Bill Amending Chapter 239, H.R.S., for Inclusion in the 2005 Hawaii State Association of Counties Legislative Package. {Relates to the Public Service Company Tax.} Re: Comm. 55.4 Intr. by: Mr. Safarik Waived: PWIRC Res. 168-04 Authorizes the Director of Finance to Negotiate a Lease of Real Property, Along the (2002-2004): North Comer of the Intersection of Kawili and Kapi`olani Streets, Identified by Tax Map Key 2-4-57:Por. O1, to the Hawaii Island Veterans Memorial, Inc. {This nonprofit organization plans to use property to construct and develop a Combined Veterans Center and Veterans Housing.} Re: Comm. 546 Intr, by: Mr. Chung Approve: FC-24 Hawaii County Council-4 Page 4 January 21, 2005 Res. 246-04 Authorizes the Finance Director to Dispose of Donated Lands in Kalapana Sea (2002-2004): View Estates, Situate at Kalapana, Puna, Hawaii, Being Tax Map Keys: (3)1-2-034-078 and 1-2-034-094, by Public Auction. {The fair market value for each parcel is $16,000.} Re: Comm. 784 Intr. by: Mr. Chung (B/R) Approve: FC-25 BILLS FOR ORDINANCES (FIRST READING) Bill 15: 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: New Open Covered Structure with Water Cleaning System (South Kohala Automotive Shop) ($190,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or other Sources ($190,000). Funds to be used to construct a new open covered structure and installing a water cleaning system at the South Kohala Automotive Shop to meet the EPA and Department of Health Clean Water Act requirements. } Re: Comm. 48 Intr. by: Ms. Isbell Approve: FC-23 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 16: Amends Chapter 20, of the Hawaii County Code 1983 (1995 Edition), Relating to Refuse Fee Schedule. {Provides clarification of who may formally waive solid waste disposal fees and when to effectively support and encourage clean-up activities by nonprofit organizations and community groups. } Re: Comm. 49 Intr. by: Mr. Jacobson Approve: EMC-2 Bill 17: Amends Chapter 2, Article 40, of the Hawaii County Code 1983 (1995 Edition), Relating to Department of Environmental Management. {Allows an avenue for appeals to decisions made by the Department Director to be heard by the Environmental Management Commission and provides a uniform enforcement process.} Re: Comm. 50 Intr. by: Mr. Jacobson Approve: EMC-3 Hawaii County Council-4 Page 5 January 21, 2005 Bill 18 Amends Chapter 20, of the Hawaii County Code 1983 (1995 Edition), (Draft 3): Relating to Refuse Fee Schedule. {Allows for more accuracy in charging for costs incurred by the Solid Waste Division in providing necessary services to divert organics from our landfills.} Re: Comm. 51.2 Intr. by: Mr. Jacobson Approve: EMC-4 Bill 25: Amends Chapter 11 of the Hawaii County Code 1983 (1995 Edition), to Revise the Affordable Housing Policy for the County of Hawaii. {Establishes by law an affordable housing policy in furtherance of the Hawai `i County general plan's goals and policies.}; Re: Comm. 72 Intr. by: Mr. Hoffmann Approve: CHA -January 5, 2005 and Comm. 72.1: From Housing Administrator Edwin S. Taira, dated January 6, 2005. Bill 163 (Draft 4) Adopts the County of Hawaii General Plan and Repealing Ordinance (2000-2002): No. 89-142, as Amended. {As required by the Hawaii County Charter, the County Council in 1971, adopted by ordinance a General Plan which set forth the Council's policy for long range comprehensive physical development for the County. The General Plan also required five and ten year comprehensive reviews and updates to maintain the Plan's dynamism and flexibility to accommodate major changes and trends within the County. This bill proposes numerous amendments to the General Plan as par[ of the current comprehensive review, including revisions to the following elements and components: Economic, Energy, Environmental Quality, Flooding and Other Natural Hazards, Historic Sites, Natural Beauty, Natural Resources and Shoreline, Housing, Public Facilities, Public Utilities, Recreation, Transportation, Land Use, the Plan's Introduction, Plan Implementation and Amendment Procedures. This bill also proposes amendments to (1) the Facilities Maps and (2) the Land Use Pattern Allocation Guide Maps, which are the graphic expressions of the General Plan policies, particularly those relating to land uses. In order to make amendments to the General Plan, this bill repeals Ordinance No. 89-142 (1989 General Plan) and replaces it in its entirety. (Draft 4 is the result of the following amendments made at the Planning Committee meeting held on January 4, 2005: 1) Deleted proposed LUPAG Hawaii County Council-4 Page 6 January 21, 2005 changes for Kohanaiki (G9 and G10); 2) Deleted proposed LUPAG changes for Keopuka and a portion of Onouli (H1); 3) Deleted proposed LUPAG changes for Shipman properties in Kea`au (A4); 4) Deleted proposed LUPAG changes in Honomu (B4); 5) Deleted important agricultural land designation on LUPAG for properties in South Kona owned by Ackerman, Bell, and Paris; 6) Deleted important agricultural land designation on LUPAG for Hokulia; and 7) Restored definition of "Orchards".)}; Re: Comm. 42.60 Intr. by: Mr. Pilago and Mr. Hoffmann Approve: PC-2 Not Approve: PC-3 and Comm. 42.39: From Reese Libby, dated January 4, 2005; and Comm. 42.57: From A. D. Ackerman, President, Ackerman Ranch, dated January 6, 2005; and Comm. 42.58: From Elizabeth Van Sant Stone, dated January 3, 2005; and Comm. 42.59: From Council Member Fred C. Holschuh, dated January 7, 2005; and Comm. 42.61: From Lori Beach, dated January 11, 2005; and Comm. 42.62: From Council Member Bob Jacobson, dated January 11, 2005; and Comm. 42.63: From Thomas L.H. Yeh, Tsukazaki Yeh and Moore, dated January 10, 2005; and Comm. 42.64: From Legislative Auditor David Kimo Frankel, dated January 10, 2005; and Comm. 42.65: From Jason Worchel, undated. Bill 368 Amends Chapter 18, of the Hawaii County Code 1983 (1995 Edition), (2002-2004): Relating to Public Transportation. {Increases taxi meter rates: increases the initial "drop" rate from $2 to $3 and increases the charge per 1/8 mile of travel from $.25 to x.30. } Re: Comm. 849 Intr. by: Mr. Chung Approve: FC-26 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 1: 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) 1 s` Reading: January 5, 2005 Hawaii County Council-4 Page 7 January 21, 2005 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 1 Reading: January 5, 2005 Bill 6: 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 PUBLIC WORKS: North Hilo/IIamakua 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 [he environmental impact statement now brings the estimate to $1,200,000. } Re: Comm. 26 Intr. by: Ms. Isbell ls` Reading: January 5, 2005 2/3 Vote: Section 10-6(d), Hawai`i County Charter 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 Genera] 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 1"Reading: January 5, 2005 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-4 Page 8 January 21, 2005 Bill 8: 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: 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 1~' Reading: January 5, 2005 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 1 Reading: January 5, 2005 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 1"Reading: 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 30, 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 1 Reading: January 5, 2005 Hawaii County Council-4 Page 9 January 21, 2005 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 30, 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 1"Reading: January 5,2005 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 cun'ent 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 1~` Reading: January 5, 2005 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 312 (Draft 7) 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. Draft 7 amends Section 21-32(b) by deleting °thirty" and adding "sixty".}; Re: Comm. 75 Intr. by: Mr. Jacobson 1"Reading: January 5, 2005 and (Comm. 75.1/Bill 312, Draft 8, continues on the next page.) Hawaii County Council-4 Page 10 January 21, 2005 Comm. 75.1: From Council Member Donald Ikeda, dated January 6, 2005, transmitting Bill 312, Draft 8. Draft 8 restores the original language in the bill (and law) that payments shall be made 30 days after the billing date rather than 60 days, and adds a new Paragraph (d) to provide landlords' notice of a tenant's delinquency and delays onset of interest until after such notice; and Bill 312 (Draft 8) Amends Chapter 21, Article 4, of the Hawaii County Code 1983 (1995 (2002-2004): Edition), Relating to Sewer Service Charges. Intr. by: Mr. Ikeda REPORTS FC-20 Recommends approval of the donation of $3,030.44 from the Machado Acres (Comm. 43): Association to the Department of Parks and Recreation, for use in the development of the Machado Acres Park. 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. 73: ELEANOR QUIOCHO VS. COUNTY OF HAWAII, ET AL., CIVIL NO. 02-1-0306; PAULYN ESTIOKO, ET AL. VS. COUNTY OF HAWAII, ET AL., CIVIL NO. 02-1-0307; MARGARET PARONG, ET AL. VS. COUNTY OF HAWAI`1, E'I' AL., CIVIL NO. 02-1-0308; SHERMAN WASSMAN VS. COUNTY OF HAWAII, ET AL., CIVIL NO. 02-1-0310 From Deputy Corporation Counsel Harry P. Freitas, dated January 11, 2005. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, FEBRUARY 1, 2005 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, FEBRUARY 2, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, FEBRUARY 15, 2005 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, FEBRUARY 16, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM Hawaii County Council-4 Page 11 January 21, 2005 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 January 19, 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 Genter, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawaii 96740. Note: Videoconference from the Kona Mayor's Office is available for this meeting. Submittine 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 a-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) Friday, January 28, 2005, at 6 p.m.; Sunday, January 30, 2005, at 10:30 a.m.; and Friday, February 4, 2005, at 6 p.m.