HomeMy WebLinkAboutAGE COUNCIL 03/16/2005 2004-2006 ~{V Oi y
GARY SAFARIK ~-y. r•!!?, JAMES Y. ARAKAKI
l'finirmm~ & Pr ending Of/irur Vii STAGY K. RIGA
PETE HOFFMANN
BOB JACOBSON - • FRED C. HOLSCHUH, M.D.
i ~<< ru~,~~,~~~~~~ DONALD IKEDA
'~h VIRGINIA ISBELL
K. ANGEL PILAGO
COUNTY COUNCIL
C'ounty' ofHawai'i
Hawaf'i Counry~ Building
35 Aupuni Street
Hilo, Hawaii 96720
8'~' Session
ORDER OF BUSINESS
Hawaii County Council
Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
Wednesday, March 16, 2005
9:00 a.m.
IN VOCA"110N Pastor Keith Elliott oY~ the Kona Church of God
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF M[NUTES February 2, 2005; September 15, 2004 (2002-2004: Postponed on
March 1, 2005)
(Note: Please tum cell phones, pagers, and other mobile communication devices on silent mode.)
Hawai T County ie~ an Egunl Opportunlry Provider and Employer.
Hawaii County Council-8 Page 2 March 16, 2005
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND
EXPRESSIONS OF CONDOLENCE
Comm. 139: NOMINATES K. ANGEL PILAGO TO THE NATIONAL ASSOCIATION OF
COUNTIES (NACo)WESTERN INTERSTATE REGION (WIR) BOARD OF
DIRECTORS
From Council Chair Gary Safarik, dated February 28, 2005, transmitting for
Council's consideration and approval the nomination of Council Member K. Angel
Pilago to the NACo WIR Board of Directors.
Waived: PWIRC
Comm. I50: NOMINATES THE FOLLOWING INDIVIDUALS TO THE FIRE COMMISSION:
MR. WIL OKABE (COUNCIL DISTRICT 4), MR. JAMES R. BROWNE
(COUNCIL DISTRICT 9), AND MS. KAREN M. KUDLO (COUNCIL
DISTRICT 61
From Mayor Harry Kim, dated March 3, 2005, transmitting for Council's
consideration and approval the above nominations;
Waived: PSPRC
and
Comm. 150.1: Prom Public Safety and Parks and Recreation Committee Chair Stacy K. Higa,
dated March 7, 2005; and
Comm. I SU.2: From Executive Assistant Wendell Hatada, dated March 7, 2005.
Comm. 154: NOMINATES THE FOLLOWING INDIVIDUALS TO THE POLICE
COMMISSION: MS. ANITA T. POLITANO STECKEL (COUNCIL,
DISTRICT 2), MR. LOUIS KAOIWI (COUNCIL DISTRICT 4), AND
MR. MELVIN S. MORIMOTO (COUNCIL DISTRICT 7)
From Mayor Harry Kim, dated March 3, 2005, transmitting for Council's
consideration and approval the above nominations;
Waived: PSPRC
and
Comm. 154.1: From Public Safety and Parks and Recreation Committee Chair Stacy K. Higa,
dated March 7, 2005.
Comm. 159: NOMINATES THE FOLLOWING INDIVIDUALS TO THE PLANNING
COMMISSION: MR. ALAN A. SALAVEA (COUNCIL DISTRICT 3),
MK. ANDREW S. IWASHLTA (COUNCIL DISTRICT 4), AND MR. RODNEY H.
WA"LANABE (COUNCIL DISTRICT 71
From Mayor Harry Kim, dated March 3, 2005, transmitting for Council's
consideration and approval the above nominations.
Waived: PC
Hawaii County Council-8 Page 3 March 16, 2005
STATEME'.VTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS
ORDER OF RESOLUTIONS
Res. 44-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More'fhan One
Fiscal Year for aMulti-Year Lease (five years) for a Copier for the Hawaii County
Police Department. {Acquisition of a copier with current copier technologry will
allow staff to increase its productivity and to keep up with increasing demands. }
Re: Comm. 102
Intr. By: Ms. Isbell
Approve: FG42
Res. 45-05: Authorizes the Mayor to Enter Into a Muki-Year Extension A~eement with
K. Taniguchi, Ltd., for the Hanama Place Office Building. {7-his lease will require
the County [o pay $278,133.44 per year, or $2.29 per square foot per month, which
includes the cost of common area maintenance. }
Re: Comm I03
Intr. by: Ms. Isbell
Approve: FC-43
Res. 46-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More "Chan One
Fiscal Year for Multi-Year Leases (five years) for Two (2) Copiers for the Office of
Housing and Community Development. {These technically-advanced copiers,
which provide more features and options, will allow staff to increase productivity
and to keep up with increasing demands. }
Re: Comm. 104
Intr. by: Ms. Isbell
Approve: FC-44
Res. 48-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $20,000 out and from Clerk-Council Services -
Contingency Relief account; credits same to Building Repair and Maintenance
Other Current Expense (Honoka`a Community Septic System Study) account.
Funds to be used for a preliminary planning study to determine the scope of the
conununity septic system project and funding strategies. }
Re: Comm 109
Intr. by: Mr. Holschuh
Approve: FG45
I latiai'i County Council-8 Page 4 March 16, 2005
Res. 52-05: Requests an Increase in the Number of Community Members Appointed to the
Police Fleet Implementation Working Group. {Increases the number of community
members appointed to include one ex-officio member to be selected by the Council
Chairperson. }
Re: Comm. 5.5
Intr. by: Mr. Higa
Approve: PSPRC-6
Res. 57-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account and Credits Same to a Designated Fund Account. {Transfers/appropriates
$5,000 out and from Clerk-Council Services Contingency Relief-Miscellaneous
Charges account; credits same to County-Prosecuting Attorney-Miscellaneous
Contract Services account. Funds to be used to support youth activities by the
Youth Council established by the Pahoa Weed and Seed Youth Development
Committee. }
Re: Comm. ] 40
Intr. by: Mc Safarik
Waived: FC
Res. 61-05: Authorizes the Receipt and Expenditure of State Funding Appropriated by the State
Legislature Pursuant to Act 40, Session Laws of Hawaii 2004, for Community
Adolescent Drug Prevention Programs and Other Community Anti-Drug Efforts
Aimed at Preventing Ice Use on the Island of Hawaii.
Re: Comm.l60
Intr. by: Ms. Isbell
Waived: FC
BILLS FOR ORDINANCF,S (FIRST READING)
Bill 36: Names a County Recreational Facility (TMK (3) 1-5-63:01) Pursuant to
Chapter I5, Hawai`i County Code 1983 (1995 Edition). {Names a County
parcel located in the Hawaiian Beaches area of Puna at the end of Kahakai
Boulevard "Kahakai Park".}
Re: Comm. 115
Intr. by: Mr. Safarik
Approve: PSPRC-8
Hawaii County Council-8 Page 5 March 16, 2005
Bill 37: Amends Chapter 2, Article 15, Subsection 2-91.1(d), Hawaii County Code
1983 (1995 Edition) Relating to Financial Disclosure Forms. {Eliminates the
requirement for a short form Financial Disclosure Form. }
Re: Comm. 116
Intr. by: Ms. Isbell
Approve: FC-47
Bill 38: 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: Hilo Bay Modeling ($250,000); funds to be
provided from General Obligation Bonds, Capital Projects Fund -Fund
Balance and/or Other Sources ($250,000). Project involves the development of
a computer model of Hilo Bay that can be used to investigate the viability and
effectiveness of modifications to the Hilo Breakwater or other altematives that
will improve the water quality and circulation of Hilo Bay as well as evaluate
impacts of the alternatives to Hilo Bay's shipping lines, port operations,
shoreline beaches and Bayfront Highway. }
Re: Comm. 119
Intr. by: Ms. Isbell
Approve: FC-48
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 39: Amends Ordinance No. 99-41 of the County of Hawaii Adopted on April 12,
1999, as Amended by Ordinance No. 00-56 Adopted on May 17, 200Q as
Amended by Ordinance No. 04-61 Adopted on May 27, 2004, Relating to the
Issuance of General Obligation Bonds for the Purpose of Financing Various Public
Improvements for the County of Hawaii. {Bond Ordinance No. 99-41 restricted
the use of bond proceeds to specific projects and amounts noted within the text of
the ordinance. The projects identified for funding did not always match with
actual projects that were ready to go forward resulting in some bond proceeds,
which should have been spent within three years, still remaining unspent.
Presently, the County has CIP projects, which are in progress ur ready to start, but
are lacking funds. Recommends allowing use of the remaining funds for any
appropriated projects, without the restriction of having to be listed within the
ordinance, in order to expedite the completion of current projects and the use of
bond money. }
Re: Comm. 120
Intr. by: Ms. Isbell
Approve: FC-49
Hawaii County Council-8 Page 6 March 16, 2005
Bill 40 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County
(Draft 3): of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Fund
Balance From Previous Year ($1,767,250); appropriates to the following: Clerk-
Counci] Services -Other Current Expense ($42,000), Finance Administration -
Other Current Expense ($200,000), Accounts Division -Salaries and Wages
($18,000), Treasury Division -Other Current Expense ($46,750), Planning
Salaries and Wages ($12,000), Civil Service -Salaries and Wages ($32,000),
Automotive Division -Other Current Expense ($300,000), Fire Protechan -Other
Current Expense ($40,000), Parks Administration -Salaries and Wages ($9,000),
Parks Maintenance -Equipment ($30,000), Transfer to Capital Projects Fund
($675,000), Employee Health Plans ($300,000), Solid Waste Fund ($50,000),
Highway Fund ($]2,500), for a total of $1,767,250. Administration met with
Members of the Council to inform them of needed priorities and to gather input on
remaining allotment of the fund balance. Several Members mentioned County
Building repairs, therefore, some of the remaining funds will be transferred to CIP
for support of those renovations. }
Re: Comm. 1213
Intr, by: Ms. Isbell (B/R)
Approve: FC-50
Bill 41: 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: Encapsulated Asbestos Removal and Air Conditioning
Upgrade at County Building ($1,500,000); funds to be provided from General
Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources
($1,500,000). Funds are to be used to remove encapsulated asbestos from existing
roof trusses as well as asbestos that migrated from the roof trusses to the tirst floor
ceiling space of the County Building; replace all air conditioning air handler units
with new energy efficient units along with the cleaning and insulating of existing
air conditioning duct work; and replace existing ceiling tiles with new ones.
Re: Comm. 122
Intr. by: Ms. Isbell
Approve: FC-51
2/3 Vote: Section 10-6(d), Hawai`i County Charter
I lawai' i County Council-H Page 7 March 16, 2005
Bill 44: Amends Chapter IS of the Hawaii County Code 1983 (1995 Edition), Regarding
Parks and Recreation. {Allows the Council to name open areas after a person or
persons.
Re: Comm. 127
Intr. by: Mr. Higa
Waived: PSPRC
~~nd
Comm. 127.1: From Public Safety and Parks and Recreation Chair Stacy K. Higa, dated March 7,
2005.
Bill 45: 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
Block Grant Program Income ($20,502.63); appropriates same to Removal of
Architectural Barriers.}
Re: Comm.l41
Intr. by: Mr. Hoffmann
Approve: CHA -March 1, 2005
Bill 46: 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
HOME -Program Income ($42,217.21); appropriates to 2020 Kino`ole Senior
Residences ($37,995.49) and Office of Housing and Community Development
Administration ($4,221.72), for a total of $42,217.21. }
Re: Comm. 142
Intr. by: Mr. Hoffmann
Approve: CHA -March 1, 2005
Bill 56: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County
of Hawaii for the Fiscal Year Ending June 3Q, 2005. {Appropriates revenues in
Healing Our Island ($100,000), Adolescent Drug Prevention Program ($380,000),
Community Anti-Drug Effort Account ($100,000), Hawaii County Resource
Center Anti-Drug Fund ($50,000), for a total of $630,000; appropriates to the
following: Healing Our Island ($100,000), Adolescent Drug Prevention Program
($380,000), Community Anti-Drug Effort Account ($100,000), Hawai i County
Resource Center Anti-Drug Fund ($50,000), for a total of $630,000. }
Re: Comm. 160
Intr. by: Ms. Isbell
Waived: FC
Hawaii County Council-8 Page 8 March 16, 2005
ORDF,R OF THE DAY (SECOND OR FINAL READING)
Bill 19: Amends the State Land 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
1"Reading: March 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-5a) 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
1" Reading: March 1, 2005
Bdl 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.}
Re: Comm. 87
Intr. by: Ms. Isbell (B/R)
1" Reading: March 1, 2005
2/3 Vote: Section ]0-6(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
Yrobmam. }
Re: Comm. 112
Intr. by: Ms. Isbell
1" Reading: March 1, 2005
Efawai'i County Council-R Page 9 March 16, 2005
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
l~` Reading: 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 Federal Grants -State Homeland Security Program ($1,381,742):
appropriates same Fiscal Year 2005 State Homeland Security Program.
Re: Comm. 114
Intr. by: Ms. Isbell
1" Reading: March 1, 2005
REPORTS
FC-46 Kecommends approval of three squirrel monkeys to the Parks and Recreation
(Comm. 110): Department's Pana`ewa Rainforest Zoo from the Blue Tropix Restaurant and
Nightclub (estimated value $7,000).
PSPRC-5 Recommends approval of the appointment of Clifford D. Kopp, llDS, to the
(Comm. 5.4): Mayor's Police Fleet Implementation Working Group, pursuant to
Resolution 224-04, Draft 3.
PSPRC-7 Recommends approval of the appointment of Mr. Manuel S. Mattos to the
(Comm. 5.6): Mayor's Police Fleet Implementation Working Group as an ex-officio member.
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-d, 1~IkS, and Rule 12 of Kules 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-8 Page 10 March ]G, 2005
ANNOUNCEMENTS
WEDNESDAY, MARCH 16, 2005
COUNCL. PUBLIC 6:00 p.m. SHERATON KEAUfiOU
HEARING RE BAY RESORT AND SPA
OPERATING AND
CAPITAL BUDGETS
(W. HAWAI`1)
THURSDAY, MARCH 17, 2005
NONPROFIT SITE 8:00 a.m. SHERATON KEAUHOU
VISITiINTERVIEWS BAY RESORT AND SPA
(W. HAWAI'q
COUNCIL PUBLIC HEARING 6:00 p.m. SHERATON KEAUHOU
RE BILI. 4. DRAFT 5 BAY RESORT AND SPA
(ANIMAL)
TUESDAY, MARCH 22, 2005
COUNCIL PUBLIC' HEARING 6:00 p.m. WAIMEA CIVIC CENTER
RE B[LL 4, DRAFT 5
(ANIMAL)
TUESDAY, MARCH 29, 2005
FINANCE COMMITTEE 9:00 a.m. COUNCIL. ROOM
SPECIAL MEETING
(DEPARTMENTAL AND
PROGRAM REVIEWS OF
BUDGETS)
WEDNESDAY, MARCH 30, 2005
FINANCE COMMI"F'FEE 9:00 a.m. COUNCIL ROOM
SPECIAL MEETING
(DEPARTMENTAL AND
PROGRAM REVIEWS OF
BUDGETS)
THURSDAY, MARCH 31, 2005
FINANCE COMMI~I"LEE 9:00 a.m. COUNCIL ROOM
SPECIAL MEETING
(DEPARTTMENTAL AND
PKOCiRAM REVIEWS OF
BUDGETS)
Hawaii County Council-8 Page 11 March 16, 2005
TUESDAY, APRIL 5, 2005
COMMA°I'EES TBA COUNCIL ROOM
WEDNESDAY, APRIL 6, 2005
COUNCIi. 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.)
fhe meeting place is accessible for persons with physical disabilities. Persons who need special
accommodations to attend this meeting should call 961-8255 by March 15, 2005. Persons using "I'DDs may
call 9G1-8521. 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,
I Iawai'i 96720; and the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place,
Suite 109, Kailua-Kona, Hawaii 96740.
l~hose pcrsuns wishing to testify in person must register with the County Clerk's staff. 'Those testifying in
person and submitting written testimony at the meeting should bring sixteen (16) copies of the testimony for
distribution at the meeting. Those persons unable to testify in person may submit testimony (l) by mail to
tiu County Clerk's Office m Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail
to c oiuu dt_,cnniait~c~ /tc{iruii~f~i
us. Copies will be made and distributed at the meeting when transmitted
m a timely manner. In any case, both oral and written testimony will be made a part of the public record.
Uovernment Access Television: Channel 52 (Hilo and Kona) Wednesday, March 23, 2005, at 6 p.m.;
Sunday, March 27, 2005, at 10:30 a.m.; and Wednesday, March 30, 2005, at 6 p.m.