HomeMy WebLinkAboutAGE COUNCIL 03/01/2005 2004-2006 GARY SAFARIK Mtr JAMES Y. ARAKAKI
Vi' S"I'ACY K. HIGA
(7uurrnnn & Yrrsiding Officer ~ y
PETE HOFFMANN
BOF3 JACOBSON ~ FRED C. HOLSCHUH, M.D.
Y'i<-r [7mirnim' ~~i>~ oi'M~~~ DONALD IKEDA
VIRGINIA ISBELL
K. ANGEL PILAGO
COUNTY COUNCIL
County of Hawai `i
Hawni `i County Buikting
l5 Aupuni Slrect ~ .
F/ilq Hawaii 96720
T~' Session
ORDER OF BUSINESS
Hawaii County Council
Hilo, Hawaii
Tuesday, March 1, 2005
9:00 a.m.
INVOCATION Reverend Tag Taggart, Center for Spiritual Growth or Firs[ Church of
Religious Science
CALL "I~O ORDER
ROLL ('ALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES January 21, 2005; September 15, 2005 (2002-2004)
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode. )
Huwai'i County is' an Equal Opportunity Provider and Employer.
Hawaii County Council-7 Page 2 March 1, 2005
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND
EXPRESSIONS OF CONDOLENCE
STATEMENTS FROM THF, PLiBLK' ON ITEMS LISTED ON THE ORDER OF BUSINESS
ORDER OF RESOLUTIONS
Res. 38-05: Authorizes the Acceptance of a Donation of Four (4) Oil Paintings for the
Department of Public Works. {Donation from Clayton Bryant Young, with an
estimated total value of $16,000.}
Re: Comm. 88
Intr. by: Ms. Isbell
Approve: FC-37
Res. 39-05: Authorizes the Acceptance of a Donation of a Custom Two-Man Lifeguard Tower
for the Department of Parks and Recreation. {Donation from Territorial Builders,
Inc., to be used at Kahalu`u Beach Park, with an estimated total value between
$12,000 and $15,000.}
Re: Comm. 89
Intr. by: Ms. Isbell (B/R)
Approve: FC-38
Res. 40-05: Creates Thirty (30) Police Officer III (Temporary) Positions for the Hawaii County
Police Department. {These positions will 1) allow the Police Department to
temporarily assign qualified individuals to the Field Training Officers (FTO)
positions via the payroll process; 2) provide more flexibility in starting and
terminating the FTO positions; and 3) reduce the amount of paperwork and time on
the part of all departments involved with the current process. }
Re: Comm. 90
Intr. by: Ms. Isbell (B/R)
Approve: FC-39
Hawaii County Council-7 Page 3 March 1, 2005
Res. 42-05: Authorizes the Office of the Mayor to Enter Into an Inter-Governmental Agreement
with the City and County of Honolulu, Pursuant to HRS 46-7, for Real Property Tax
Support Services; and Authorizes the Payment of Funds of a Later Fiscal Year and
of More Than One Fiscal Year. {This cost sharing agreement with the City and
County of Honolulu will provide certain services to support our County's real
property tax program which will include technical services, support and rraining to
areas of statewide concern common to all counties and will provide documents in
editable electronic formats.}
Re: Comm. 96
Intr. by: Ms. Isbell
Approve: FG40
Res. 43-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for Multi-Year Leases (Five Years) for Two (2) Copiers for the Office
of the Prosecuting Attorney. {Copiers are for the Kona and Waimea offices (Kona
needs a second copier which will greatly improve workflow and efficiency and
Waimea has no copier and must use the Police Department's copier that is located in
a different building across the street).}
Re: Comm. 97
Intr. by: Ms. Isbell
Approve: FC-41
Res. 47-05: Supports State House and Senate Legislative Measures, House Bill 1160 and
Companion Senate Bill 1489, Which Appropriates $2,000,000 in Fiscal Year
2005-2006 and $2,000,000 in Fiscal Year 2006-2007 to Eradicate Coqui Frogs on
the Big Island Through the Establishment of aMulti-Agency Coqui Frog
Eradication Program on the Island of Hawaii,
Re: Comm. 108
Intr. by: Mr. Holschuh
Waived: PWIRC
Res. 49-05: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the
Law Enforcement Terrorism Prevention Program. {Funds will provide law
enforcement communities with enhanced capabilities for detecting, deterring,
disrupting and preventing acts of terrorism. }
Re: Comm. 112
Intr. by: Ms. Isbell
Waived: FC
Hawaii County Council-7 Page 4 March 1, 2005
Res. 50-05: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46J, for the
Citizen Corps Program. {Funds will be used to support Citizen Corps Counsels
with planning, outreach, training, and management of Citizen Corps programs and
activities.}
Re: Comm. 113
Intr. by: Ms. Isbell
Waived: FC
Res. 51-05: Authorizes the Office of the Mayor to Enter Into Agreements with the State of
Hawaii Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the
FY 2005 State Homeland Security Program. {Funds will be used for the purchase
of specialized equipment to enhance the capability of state and county agencies to
prevent, respond to, and mitigate incidents of terrorism involving the use of
chemical, biological, radiological, nuclear, or explosive (CBRNE) weapons; as well
as to provide for the protection of critical infrastructure and prevention of terrorist
incidents; for costs related to the design, development, conduct, and evaluation of
CBRNE and cyber security programs; and for costs associated with implementing
State Homeland Security Assessments and Strategies.}
Re: Comm. 114
Intr. by: Ms. Isbell
Waived: FC
Res. 53-05: 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 Donna Alcosiba
& Guy Alcosiba v. Leslie Botelho, Civil No. 04-1-0017.
Re: Comm. 86.1
Intr. by: Ms. Isbell
Waived: FC
BILLS FOR ORDINANCES (FIRST READING)
Bill 19: Amends the State band Use Boundaries Maps, H-14 and H-8 for the County of
Hawaii, by Changing the District Classification from the Agricultural to the
Rural District at Ouli, South Kohala, Hawaii, Covered by Tax Map
Key 6-2-11:33 (approx. 6.5077 acres). {Robert and Christine Almeida,
Applicant.;
Re: Comm. 63
Intr. by: Mr. Pilago and Mr. Hoffmann
Approve: PC-8
Hawaii County Council-7 Page 5 March 1, 2005
Bill 20: Amends Section 25-8-7 (North and South Kohala Districts Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing
the District Classification from Agricultural (A-Sa) to Residential and
Agricultural (RA-2a) at Ouli, South Kohala, Hawaii, Covered by Tax Map
Key 6-2-11:33 (approx. 6.5077 acres). {Robert and Christine Almeida,
Applicant. }
Re: Comm. 63
Intr. by: Mr. Pilago and Mr. Hoffmann
Approve: PC-9
Bill 28: 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: Coupe Condemnation ($300,000); funds to be
provided from General Obligation Bonds, Capital Projects Fund -Fund
Balance and/or Other Sources ($300,000). Condemnation and acquisition of
this 3.348 acre parcel of land is needed for the construction and development of
a road intended to bypass the Mamalahoa Highway. }
Ra Comm. 87
Intr. by: Ms. Isbell (B/R)
Approve: FC-36
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 33: 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 -Law Enforcement Terrorism Prevention Program
($301,471); appropriates same to Law Enforcement Terrorism Prevention
Program. }
Re: Comm. 112
Intr. by: Ms. Isbell
Waived: FC
Bill 34: 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 -Citizen Corps Program ($26,312); appropriates
same to Citizen Corps Program.}
Re: Comm. 113
Intr. by: Ms. Isbell
Waived: FC
[Iawai`i County Council-7 Page 6 March 1, 2005
Bill 35: 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 Federa] Grants-State Homeland Security Program ($1,381,742):
appropriates same Fiscal Year 2005 State Homeland Security Program. }
Re: Comm. 114
Intr. by: Ms. Isbell
Waived: FC
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 26: 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 ($50,000);
appropriates same to Product Development Program -State. Additional
funding to be used in calendar year 2005 by the Department of Research and
llevelopment's Product Enrichment Program to support and improve tourism
product development initiatives and projects.}
Re: Comm. 80
Intr. by: Ms. Isbell
1" Reading: February 16, 2005
Bill 355 Amends the State Land Use Boundaries Map, H-65 for the County of Hawaii,
(2002-2004): by Changing the District Classification from the Agricultural to the Urban
District at Makahanaloa, South Hilo, Hawaii, Covered by Tax Map
Key 2-8-8:103, Por. 104, Por. 95, and Por. 3 (approx. 4.182 acres).
jContinenta] Pacific, LLC, Applicant.}
Re: Comm. 821
Intr. by: Mr. Elarionoff
1"Reading: February 16, 2005
Hawaii County Council-7 Yage 7 March 1, 2005
Bill 356 Amends Section 25-8-35 (Pepeekeo Zone Map), Article 8, Chapter 25 (Zoning
(2002-2004): Code) of the Hawaii County Code, by Changing the District Classification
from Village Commercial (CV-10), Limited Industrial (ML-20), and General
Industrial (MG-Sa) to Single Family Residential (RS-20) and from Agricultural
(A-20a) to Limited Industrial (ML-20) at Makahanaloa, South Hilo, Hawaii,
Covered by Tax Map Key 2-8-8:103, Por.104, Por. 95, and Por. 3 (Area:
Parcel A -approx. 1.194 acres; Parcel B -approx. 1.462 acres; Parcel C -
approx. 6.64 acres; Parcel D -approx. 4.182 acres; Total: approx.
13.478 acres). {Continental Pacific, LLC, Applicant.};
Re: Comm. 821
Intr. by: Mr. Elarionoff
1~' Reading: February 16, 2005
and
Comm. J2.22: From Claudia Rohr, dated February 17, 2005; and
Comm. 92.23: From Council Member Virginia Isbell, dated February 22, 2005.
Bill 365 Amends the State Land Use Boundaries Maps, H-14 and H-2$ Cor 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
Deferred: December 21, 2004
1" Reading: February 2,2005
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 District Classification from Agricultural (A-Sa) to Residential and
Agicultura] (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
Deferred: December 21, 2004
P' Reading: February 2, 2005
REPORTS
FINANCIAL Monthly Financial Status Report from the Department of Finance for the
KEPORT: Month Ended January 31, 2005.
Hawaii County Council-7 Page 8 March 1, 2005
REFERRALS FOR EXECUTIVE SESSION
(the purpose oTthe 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. 118: M. W. MIRANDA TRUCKING VS. COUNTY OF HAWAII, CIVIL NO. Ol-]-0343
From Deputy Corporation Counsel Joseph K. Kamelamela, dated February 17,
2005.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
THURSDAY, MARCH 10, 2005
NONPROFIT SITE 8:00 a.m. COUNCILROOM
VISIT/INTERVIEWS
(E. HAWAI`[)
COUNCIL PUBLIC HEARING 6:00 p.m. COUNCILROOM
RE BILL 4, DRAFT 4
FRIDAY, MARCH 11, 2005
NONPROFIT SITF. 8:00 a.m. TBA
VISIT/[LATER V IEW S
(E. HAWAII)
MONDAY, MARCH 14, 2005
COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM
HEARING RE BUDGETS
(E. HAWAII)
TUESDAY, MARCH 15 2005
COMMI'TT'EES TBA COUNCIL ROOM
WEDNESDAY, MARCH 16, 2005
COUNCIL 9:00 a.m. SHERATON KEAUHOU
BAY RESORT AND SPA
COUNCIL PUBLIC' 6:00 p.m. SHERATON KEAUHOU
HEARING RE BUDGETS BAY RESORT AND SPA
(W. HAWAII)
Hawaii County Council-7 Page 9 March 1, 2005
THURSDAY MARCH 17, 2005
NONPROFI'T' SITE 8:00 a.m. SHERA"I'ON KEAUHOU
VISITiINTERVIF,WS BAY RESORT AND SPA
(W. HAWAII)
COUNCIL PUBLIC HEARING 6:00 p.m. SHERATON KEAUHOU
RE BILL 4, DRAFT 4 BAY RESORT AND SPA
STATEMENTS FROM THE PUBLIGADJOURNMENT
(Note: B/R, as listed next to the name of an Lntroducer, 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 February 28, 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, Hawai' i 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 Counci]/Clerk's staff. "Those testifying in person and submitting written testimony at the meeting in Hilo
should bring fifteen copies of the testimony far 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 Hito at the above
address (2) by facsimile to (808) 961-8912, or (3) by e-mail to counci]testimony@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, March 9, 2005, at 6 p.m.;
Sunday, March 13, 2005, at 10:30 a.m.; and Wednesday, March 16, 2005, at 6 p.m.