HomeMy WebLinkAboutAGE COUNCIL 02/02/2005 2004-2006 GARY SAFARIK JAMES Y. ARAKAKI
~ STACY K. RIGA
ChnL'mntt & PrenAing Officer 'Uy
PETE HOFFMANN
BOB JACOBSON FRF,D C. HOLSCHUH, M.D.
Virr Chnirmrrn ~ DONALD IKEDA
h'i'o~•wi'~~
VIRGINIA ISBELL
K. ANGEL PILAGO
COUNTY COUNCIL
County of Hawaii
Hawai `i County Building
25 Aupuni Street
Hilo, Hawaii 96720
RECEiver f
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County Council
5`~' Session
ORDER OF BUSINESS
Hawaii County Council
Hilo, Hawaii
Wednesday, February 2, 2005
9:00 a.m.
INVOCATTON Reverend Frances Wiebenga, Hilo United Methodist Church
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINU"I'ES December 6 and 21, 2004
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawaii County is an Equal Opportunity Provider and Employer.
Hawai' i County Council-5 Page 2 February 2, 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. 31-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $17,000 out and from Clerk-Council Services Salaries and
Wages -Regular Salaries and Wages account; credits same to Clerk-Council
Services Salaries and Wages -Overtime Salaries and Wages account. Deficiency in
the Overtime account is due to personnel shortage as well as staff working on
inputting and scanning old documents starting from 1998 and working backwards. }
Re: Comm. 65
Intr. by: Ms. Isbell
Approve: FC-28
Res. 32-05: Authorizes the Acceptance of a Monetary Donation of $200 to the Hawaii County
Fire Department donated by Jeffrey A. Griffin. {Funds to be used towards the
Hawaii County Fire Department's safety incentive award program.}
Re: Comm. 69
Intr. by: Ms. Isbell
Approve: FC-30
Res. 33-05: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawaii Department of the Attorney General, Crime Prevention and Justice
Assistance Division, Pursuant to HRS 46-7, for the Safe Coordinators Grant.
{Funds to be used to improve Hawaii County's ability to respond to violent sex
crimes against women and to improve forensic examination services provided to the
victims of sexual assault islandwide.}
Re: Comm. 71
Intr. by: Ms. Isbell
Approve: FC-32
Hawaii County Council-5 Page 3 February 2, 2005
Res.37-O5: Transfers/appropriates an Appropriation Out and From the Designated Fund
Accounts and Credits Same to Designated Fund Accounts. {Transfers/appropriates
$27,000 out and from Clerk-Council Services -Contingency Relief account; credits
$7,000 to Public Works Administration Other Current Expense -Miscellaneous
Contract Services and $20,000 to Office of Management -Other Current Expense -
Miscellaneous Contract Services, for a total of $27,000. Funds to be used for gate
security for the Kealakehe Connector Road and to hire professional security. }
Re: Comm. 85
Intr. by: Mr. Safarik
Waived: FC
BILLS FOR ORDINANCES (FIRST READING)
Bil] 2: Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25
(Zoning Code) of the Hawaii County Code, by Changing the District
Classification from Open (O) to Family Agricultural (FA-2a) at Kapoho, Puna,
Hawaii, Covered by Tax Map Key 1-4-73:1 (approx. 4.861 acres). {Mark
Dziatko and Fay Machielse, Applicant.}
Re: Comm.8
Intr. by: Mr. Elarionoff
Approve: PC-4
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
Postponed: January 21, 2005
and
Comm. 51.3: From Environmental Management Director Barbara Bel], dated January 14, 2005,
transmitting Bill 18, Draft 4. Draft 4 adds language in Section 20-49(C)(2)(C)
clarifying why greenwaste and organics must be separated; and
Bill 18 Amends Chapter 20, of the Hawaii County Code 1983 (1995 Edition),
(Draft 4): Relating to Refuse Fee Schedule;
Intr. by: Mr. Jacobson
Postponed: January 21, 2005
and
Comm. 51.4: From Council Member Virginia Isbell, dated January 18, 2005; and
(Comm. 51.5 continues on the next page.)
Hawaii County Council-5 Page 4 February 2, 2005
Comm. 51.5: From Environmental Management Director Bazbara Bell, dated January 24,
2005.
(Note: There is a pending motion by Mr. Jacobson and duly seconded by Ms. Isbell
to approve Bill 18, Draft 3; and a pending motion by Mr. Jacobson and duly
seconded by Ms. Isbell to amend Bill 18, Draft 3, with Bill 18, Draft 4, which was
circulated at the January 21, 2005, Council meeting.)
Bill 21: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25
(Zoning Code) of the Hawaii County Code, by Changing the District
Classification from Agricultural 1-Acre (A-la) to Single Family Residential -
15,000 Square Feet (RS-15) at Kealakehe Homestead Lots, North Kona,
Hawaii, Covered by Tax Map Key 7-4-4:80-83 (approx. 4.006 acres).
{Ho`awe LLC, Applicant.};
Re: Comm. 64
Intr. by: Mr. Pilago and Mr. Hoffmann
Negative: PC-5
and
Comm. 64.2: From Pamela L. Harlow, Planner/Project Manager of SSFM International, Inc.,
dated January 24, 2005, withdrawing Bill 21 (on behalf of the applicant).
Bill 22: 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 ($200); appropriates same to Fire
Protection -Other Current Expense.}
Re: Comm. 69
Intr. by: Ms. Isbell
Approve: FC-31
Bill 24: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the
County of Hawaii for the Fiscal Yeaz Ending June 30, 2005. {Appropriates
revenues in Federal Grants -Sexual Assault Forensic Examiners Coordinators
Grant ($66,443); appropriates same to Sexual Assault Forensic Examiners
Coordinators Grant.}
Re: Comm. 71
Intr. by: Ms. Isbell
Approve: FC-33
Hawaii County Council-5 Page 5 February 2, 2005
Bill 27: Amends Chapter 19, Article 8, Section 19-6Q of the Hawaii County
Code 1983 (1995 Edition), Relating to Commercial Agricultural Use
Dedication. {Allows for aone-time extension for filing of commercial
agricultural use dedication for the 2005-2006 tax year to accommodate the end
of the year passage of Ordinance No. 04-143. }
Re: Comm. 84
Intr. by: Ms. Isbell
Waived: FC
Bill 365 Amends the State Land Use Boundaries Maps, H-14 and H-25 for the County
(2002-2004): of Hawaii, by Changing the District Classification from the Agricultural to the
Rural District at Ouli, South Kohala, Hawaii, Covered by Tax Map
Key 6-2-11:9 (approx. 5.0067 acres). {Arthur and Diane Maher, Applicant.}
Re: Comm. 847
Intr. by: Mr. Elarionoff
Approve: PC-122
Deferred: December 21, 2004
(Note: There is a pending motion by Mr. Jacobson and duly seconded by
Ms. Isbell to approve Bi11365.)
Bill 366 (Draft 2) Amends Section 25-8-7 (North and South Kohala Districts Zone Map),
(2002-2004): Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing
the Disrrict Classification from Agricultural (A-Sa) to Residential and
Agricultural (RA-2a) at Ouli, South Kohala, Hawaii, Covered by Tax Map
Key 6-2-11:9 (approx. 5.0067 acres). {Arthur and Diane Maher, Applicant.}
Re: Comm. 847.1
Intr. by: Mr. Elarionoff
Approve: PC-123
Deferred: December 21, 2004
Hawaii County Council-5 Page 6 February 2, 2005
ORDER OF THE DAY (SECOND OR FINAL 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
]s` Reading: January 21, 2005
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. {Clarifies 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
I a` Reading: January 21, 2005
Bil] 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
1"Reading: January 21, 2005
Hawaii County Council-5 Page 7 February 2, 2005
Bill 25 Amends Chapter 11 of the Hawaii County Code 1983 (1995 Edition), to
(Draft 3): Revise the Affordable Housing Policy for the County of Hawaii. {Establishes
by law an affordable housing policy in furtherance of the Hawaii County
general plan's goals and policies.};
Re: Comm. 72.6
Intr. by: Mr. Hoffmann
1s' Reading: January 21, 2005
and
Comm. 72.5: From Timothy W. Bates, dated January 21, 2005.
Bill 163 (Draft 5) 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 part 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, Natwal 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 Q 989 General Plan) and replaces it in its entirety.
(Draft 5 retains the LUPAG map designation of the 1989 general plan for
Puueo mau/ui (deleting the proposed change at B13 in Draft 4); and makes a
number of technical changes, such as fixing the cover page and pagination,
specifically identifying the ordinances to be repealed, replacing the term
"extensive agricultural land" with the term "extensive agriculture" and
including all maps.)}
Re: Comm. 42.73
Intr. by: Mr. Pilago and Mr. Hoffmann
]s` Reading: January 21, 2005
Hawaii County Council-5 Page 8 February 2, 2005
Bill 368 Amends Chapter 18, of the Hawaii County Code 1983 (1995 Edition),
(2002-2004): Relating to Public Transportation. {Increases the initial taxi meter "drop" rate
from $2 to $3 and increases the charge per 1/8 mile of travel from $.25 to
$30.}
Re: Comm. 849
Intr. by: Mr. Chung
1"Reading: January 21, 2005
REPORTS
FINANCIAL Monthly Financial Status Report from the Department of Finance for the
REPORT: Month Ended December 31, 2004.
FC-27 Recommends approval to extend the existing special counsel contract of the
(Comm. 62): law association of Pinao and Ono for the purpose of providing services to the
Department of Civil Service, Safety Division.
FC-29 Recommends approval of the donation of $7,000 from Ms. Virginia Isbell to
(Comm. 68): the Hawaii County Council to be used towards the Kona reception held on
December 21, 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.)
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
Hawaii County Council-5 Page 9 February 2, 2005
ANNOUNCEMENTS
TUESDAY, FEBRUARY I5, 2005
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, FEBRUARY 16, 2005
COUNCIL 9:00 a.m. COUNCIL ROOM
TUESDAY, MARCH 1, 2005
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, MARCH 2, 2005
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 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 31, 2005. Persons using TDDs
may call 961-8521. Copies may be viewed at the Hawaii County Services Office at 75-5706 Kuakini
Ilighway, 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: Videoconferenee 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, February 9, 2005, at 6 p.m.;
Sunday, February 13, 2005, at 10:30 a.m.; and Wednesday, February 16, 2005, at 6 p.m.