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Home My WebLink AboutAGE COUNCIL 05/04/2005 2004-2006 STACY K. HIGA ~~""rt, JAMES Y. ARAKAKI `~.V" W4 PETE HOFFMANN Chnir & Presitting Officer ' ,p FRED C. HOLSCHUH, M.D. VIRGINIA ISBELL I~. DONALD IKEDA VireC'hnir BOB JACOBSON K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL VYCCtIV C1F County ofHawai`i ~:3sp By Hawaii County Building VIme~T- 25AupuniStreet ~ - Hilo, Hawai `i 96720 F, Counter Wvncli , 1 1'~ Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, May 4, 2005 9:00 a.m. INVOCATION Minister Earl Ikeda of Puna Hongwanji Mission CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 16, 2005 (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-11 Page 2 May 4, 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. 68-OS Requests the Preparation of an Environmental Impact Statement for the Proposed (Draft 2): Statewide Hawaii Superferry Project. Re: Comm. 189.18 Intr. ~y: Mr. Higa Approve: PC-18 ;and Comm. 189.23: From P. Coochie Cayr.n, Account Executive, Communications Pacific, dated April 26, 2005. Res. 73-05: 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 Copiers for the Department of Finance Real Property Tax Division. {Acquisition of these new copiers would provide East and West Hawaii offices with more technically advanced machines and would result in coat savings. } Re: Comm. 201 Intr. by: Ms. Isbell Approve: FC-79 Res. 74-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More than One Fiscal Year for aMulti-Year Lease (five years) for a Copier for the Hawaii County Police Department's Area I Operations Section. {Acquisition of this copier with current copier technology would allow the staff to increase their productivity and to keep up with increasing demands.} Re: Comm. 202 Intr. by: Ms. Isbell Approve: FC-80 Res. 75-05: Authorizes the Office of the Mayor to enter Into an Agreement with the State of Hawaii Department of Business, Economic Development and Tourism, Pursuant to HRS 46-7, for the Big Island Biodiesel Industry Grant. {Funds would be used by the Environmental Management Department's Big Island Biodiesel Industry Project to conduct services related to education and outreach to support a biodiesel industry on the Big Island. } Re: Comm. 203 Intr. by: Ms. Isbell Approve: FC-81 Hawaii County Council-11 Page 3 May 4, 2005 Res. 76-05: Transfers/Appropriate:, an Appropriation Out and From the Designated Fund Account(s) and Credit, Same to a Designated Fund Account(s). {Transfers/appropriates $37,000 out and from Clerk-Council Services - Contingency Relief account; credits $27,000 to Department of Research and Development-Hawaii County Resource Center-(Philanthropic Community Assessment Study) and $10,000 to Transfer to Capital Projects Fund (Department of Parks and Recreation-Laupahoehoe Park-Equipment Construction Cost), for a total of $37,000. Funds would be used to prepare a professional philanthropic community assessmen': for the purchase of County Parks and Preservation Lands; and to purchase materials for a foundation to assemble existing playground equipment at Laup~hoehoe Park.} Re: Comm. 204 Intr. oy: Mr. Holschuh Approve: FC-83 Res. 77-05: Creates One Building -Permit Clerk Position, One Building Inspector, One Electrical Inspector, Two Building Plans Examiner Positions for the Department of Public Works Building Division. {These five new positions would help meet the public's demand with building permits being issued faster and inspections completed sooner. } Re: Comm. 205 Intr. by: Ms. Isbell Approve: FC-84 Res. 79-05: Establishes a Continuing County-Wide Voter Registration and Education Program Sponsored Through the County's Senior Centers. {Forms a partnership between the Office of the County C'lerk's Elections Division and the Parks and Recreation Department's Elderly Activities Division in order to deputize senior citizen voter registrars who would register voters at the County's Senior Centers year-round.} Re: Comm. 217 Intr. by: Mr. Hoffmann Approve: PSPRC-9 Res. 87-05: Authorizes the Corporation Counsel, and His Authorized Representatives, to Enter Into an Agreement with the Individually Named Party, Who was an Employee of the County of Hawaii at the Time of the Alleged Incident, to Represent Her in the Civil Action Entitled Iles Hicks vs. County of Hawai `i, et al., Civil No. 03-1-0288. Re: Comm.l62.1 Intr. by: Ms. Isbell Waived: FC Hawaii County Council-1 1 Page 4 May 4, 2005 Res. 88-05: 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 Wes Hicks vs. County ofHawai'i, et al., Civil No. 03-1-0288. Re: Comm. 162.1 Intr. by: Ms. Isbell Waived: FC Res. 89-05: Transfers/Appropriate:; an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $40,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Transfer to Capital Projects Fund Department of Parks and Recreation (Puna Neighborhood Skateboard Park). } Re: Comm. 251 Intr. by: Mr. Safarik Waived: FC Res. 90-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $25,796.50 out and from Clerk-Council Services - Contingency Relief account; credits same to Transfer to Highway Fund Public Works -Streetlights Other Current Expense (Puna Makai Subdivision Streetlights). } Re: Comm. 253 Intr. by: Mr. Safarik Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 74: 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 POLICE: Microwave Relocation and System Renovation ($1,183,805); funds to be provided from General Fund and/or Other Sources ($1,183,805).}; Re: Comm. 194 Intr. by: Ms. Isbell (B/R) Approve: FC-78 Posq>oned: April 20, 2005 2/3 Vote: Section 10-6(d), Hawai`i County Charter and Comm. 194.1: From County Clerk Constance R Kiriq dated Apri122, 2005. Comm. 194.2: From Police Chief Lawrence Mahuna, dated April 26, 2005. Hawaii County Council-11 Page 5 May 4, 2005 Bill 75: 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 State Grants -Big Island BiodieselIndustry ($10,000); appropriates same to Big Island Biodiesel Industry.} Re: Comm. 203 Intr. ~y: Ms. Isbell Approve: FC-82 Bill 77: 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 Building Permits ($44,124); appropriates to Building Design and Engineering Salaries and Wages ($18,420) and Building Inspection Salaries and Wages ($25,704), for a total of $44,124.} Re: Comm. 205 Intr. by: Ms. Isbell Approve: FC-85 Bi1178: Amends Chapter 2 of the Hawaii County Code, as Amended, Relating to Public Access, Open Space, and Natural Resources Preservation Fund. {Creates a permanent r."unding source, which would be used for acquiring lands or property entitlements for: public outdoor recreation and education, including access to beaches and mountains; preservation of historical or culturally important land areas and sites; protection of natural resources, including buffer zones; preservation of forests, beaches, coastal areas and agricultural lands; protection of watershed lands to preserve water quality and water supply; and public access to, and enjoyment of public lands and open space.} Re: Comm. 208 Intr. by: Mr. Jacobson Approve: FC-86 and Comm. 208.49: From Allie Atkins, Lehua Lena Nursery, dated April 25, 2005; and Comm. 208.54: From Rebecca Shute, dated April 21, 2005; and Comm. 208.56: From Josephine Keliipio, dated April 25, 2005; and Comm. 208.57: From Tlaloc Tokuda, dated April 25, 2005. Hawaii County Council-11 Page 6 May 4, 2005 Bill 96: 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 DEPARTMENT OF PARKS AND RECREATION: Lincoln Park Improvements ($20,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($20,000). Funds would be used bo construct a new pavilion for Lincoln Park to be located near the existing playground and would provide shelter for persons using this park as well as serve as a meeting place for the downtown Hilo community.} Re: Comm. 245 Intr. ~y: Mr. Higa Waived: FC 2/3 V ote: Section 10-6(d), Hawai`i County Charter Bill 97: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and Financing Thereof' for the Fiscal Year July 1, 2004, to June 30, 2005. {Adds DEPARTMEN'T' OF PARKS AND RECREATION: Laup~hoehoe Park Boat Ramp Repairs ($'15,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($75,000). Funds would be used to make temporary repairs to the Laupahoehoe Park Boat Ramp [o mitigate an existing hazardous condition and would allow continued use of this ramp, being the only boat ramp between Hilo and Kawaihae, which is currently nearly 100% unusable by the boating community.} Re: Comm. 246 Intr. by: Mr. Holschuh Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 98: 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 DEPARTMENT OF PARKS AND RECREATION: Waikoloa Park Playground Equipment ($10,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($10,000). Funds would be used to purchase playground equipment for the Waikoloa Park, which would benefit users of the park, especially children who currently lack such equipment.} Re: Comm. 247 Intr. by: Mr. Hoffmann Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-11 Page 7 May 4, 2005 Bill 99: 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. {Adds DEPARTMENT OF PARKS AND RECREATION: Kamehameha Park Basketball Court ($22,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($22,000). Funds would be used to build a new basketball court for the Kamehameha Park providing new recreational opportunities for our youth and other persons utilizing this park.} Re: Comm. 248 Intr. by: Mr. Hoffmann Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 100: Amends Ordinance No. 04JS, as Amended, Relating to Public Improvements and Financing Thereof' for the Fiscal Year July 1, 2004, to June 3Q, 2005. {Adds DEPARTMENT OF PARKS AND RECREATION: Old Kona Airport Park Canoe Halau ($100,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($100,000). Funds would be used to build a canoe halau at the Old Kona Airport Park providing a new shelter for canoes for the benefit of the canoe paddling community and other users of this park.} Re: Comm. 249 Intr. by: Ms. Isbell and Mr. Pilago Waned: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bil] 101: 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 DEPARTMENT OF PARKS AND RECREATION: Pahala Tennis Court Lighting and Improvements ($38,000); funds to be provided from General Obligation Bands, Capital Projects Fund-Fund Balance and/or Other Sources ($38,000). Funds would be used to install lighting and other improvements to the Pahala Tennis Court providing increased recreational opportunities for the benefit of our youth and other persons utilizing this court. } Re: Comm.2S0 Intr. by: Mr. Jacobson Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-11 Page 8 May 4, 2005 Bill 102: 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 DEPARTMENT OF PARKS AND RECREATION: Puna Neighborhood Skateboard Park ($90,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($90,000). Funds would be used to build a Pahoa Neighborhood Skateboard Park in a portion of the' Pahoa Neighborhood Center area providing a recreational area for this sport, thus meeting requests for legal riding areas; curtailing illegal riding, of skateboards on public roads and streets, County and private lands; and helping police direct violators of the traffic code to a legal designated area where the public would enjoy their skateboards.} Re: Comm. 252 Intr. ~y: Mr. Safarik Waived: FC 2/3 Vote: Section 10-6(d), Hawai`i County Charter ORDER OF THE DAY (SECOND OR FINAI. READING) Bill 57: 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 Federal Grants -Speed Enforcement ($26,000); appropriates same to Speed Enforcement Additional funds would be used to purchase two speed boards displays with hailers, which would alert drivers of the speed they are traveling in hopes of reducing those that exceed the limit resulting in a decrease in the number of motor vehicle collisions. } Re: Comm. 165 Intr. by: Ms. Isbell 1~`Reading: Apri12Q,2005 Bill 60: Amends Section 25-8-7 (North and South Kohala District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification From Agricultural (A-Sa) to Family Agricultural 3-Acre (FA-3a) at Kahua Is`, North Kohala, Hawaii, Covered by Tax Map Key 5-9-6:5 (approx. '7.740 acres). {Kimi Cook-Walls and Robert Walls, Applicant. } Re: Comm. 172 Intr. by: Mr. Pilago and Mr. Hoffmann 1s`Reading: Apri120, 2005 Hawaii County Council-11 Page 9 May 4, 2005 Bill 61 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (Draft 2): Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification Erom Agricultural (A-20a) to Agricultural (A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-26:11 (approx. 20.475 acres). {Kristina Deutsch, Applicant.} Re: Comm. 173.1 Intr. Sy: Mr. Hoffmann and Mr. Pilago 1 s` Reading: Apri] 20, 2005 Bill 62 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (Draft 2): Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification From Agricultural (A-20a) to Agricultural (A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-27:7 (approx. 20.254 acres). {Bruce B. Easley, Applicant.} Re: Comm. 174.1 Intr. ~y: Mr. Hoffmann and Mr. Pilago 19t Reading: April 20, 2005 Bil] 63 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (Draft 2): Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification From Agricultural (A-20a) to Agricultural (A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-27:6 (approx. 21.695 acres). {Matthew K. Mather, Applicant.} Re: Comm. 175.1 Intr. by: Mr. Hoffmann and Mr. Pilago ] s` Reading: April 20, 2005 Bill 64: Amends Chapter 25 (Zoning Code) of the Hawaii County Code Relating to Uses Within the Genera] Industrial (MG) District. {Adds "commercial excavation" as a permitted use within the General Industrial (MG) District.} Re: Comm. 176 Intr. by: Mr. Pilago and Mr. Hoffmann 1 s` Reading: April 20, 2005 Bill 65: Amends Chapter 2, Article 27, Section 2-153 of the Hawaii County Code, Relating to Revisions of the County Code. Re: Comm. 177 Intr. by: Mr. Jacobson ls`Reading: Apri120,2005 Hawaii County Council-11 Page 10 May 4, 2005 Bill 68: 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 -Community Oriented Policing Services - Prosecutors ($200,0001; appropriates same to Community Oriented Policing Services -Prosecutors. } Re: Comm. 181 Intr. by: Ms. Isbell 151 Reading: April 2Q 2005 Bill 73: 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 -Justice Assistance Grant ($115,645); appropriates same to Justice Assistance Grant.} Re: Comm. 193 Intr. by: Ms. Isbell 1~' Reading: April 20, 2005 Bill 81: 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 Federal - 2005 HOME ($1,006,554); appropriates to the following: Hualalai Elderly Housing Phase III ($900,000), American Dream Downpayment Initiative ($21,554), and Office of Housing and Community Development Administration ($85,000), for a total of $1,006,554).} Re: Comm. 212 Intr. ~y: Mr. Hoffmann 1s` Reading: April 20, 2005 Bill 82: 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 Federal -131ock Grant ($2,672,100); appropriates to the following: Removal of Architectural Barriers -Americans with Disabilities Act Compliance- Various County Facilities ($1,523,069), Boys and Girls Club - Phase 1 Renovations ($541,337), The Arc of Hilo -Expansion Plans and Design ($186,884), A Friendly Place- West Hawaii One-Stop Homeless Resource Center ($90,000), Construction Management ($180,810), and Administration, Planning and Fair Housing ($150,000), for a total of $2,672,100). } Re: Comm. 213 Intr. by: Mr. Hoffmann 1 s` Reading: April 20, 2005 Hawaii County Council-11 Page 11 May 4, 2005 Bill 367 (Draft 4) Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (2002-2004): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-la) and Resort-Hotel (V-1.25) to Multiple Family Residential (RM-2.5) at Auhaukeae Is`, North Kona, Hawaii, Covered by Tax Map Key 7-5-9:67 and Portion of 54 (Parcel "A" approx. 169,792 square feet; and Parcel "B" approx. 103,751 square feet). {Kona Hale Ali`i, LLC, Applicant. Draft 4 amends Condition M to include native plants as part of the landscaping plan, as well as correcting some minor typographical errors.} Re: Comm. 100.3 Intr. by: Mr. Hoffmann and Mr. Pilago Deferred: December 21, 2004 1" Reading: April 2Q 2005 REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ended March 31, 2005. 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-11 Page 12 May 4, 2005 ANNOUNCEMENTS THURSDAY, MAY 5, 2005 HUMAN SERVICES AND 9:00 a.m. COUNCIL ROOM ECONOMIC DEVELOPMENT COMMITTEE SPECIAL MEETING RE NONPROFITS TUIiSDAY. MAY 17. 2005 COMMITTEES TBA COUNCIL ROOM COUNCIL PUBLIC HEARING 5:00 p.m. COUNCIL ROOM RE REAL PROPERTY TAX RATES (E. HAWAI`T) WEDNESDAY. MAY 18, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM THURSDAY, MAY 19, 2005 COUNCIL PUBLIC HEARING 6:00 p.m. SHERATON KEAUHOU RE REAL PROPERTY TAX BAY RESORT & SPA RATES (W. HAWAII) Hawaii County Council-11 Page 13 May 4, 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 behz.lf 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 gal] 961-8255 by May 2, 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. Notc: Videoconference from the Kona Mayor's Office and the Pahoa Recreation Center 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 sixteen (161 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, and the Pahoa Recreation Center 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 counci]testimony@co.hawaii.hi.us. Copies will be made and distributed at the meeting when transmitted in a timely manner. )n any case, both oral and written testimony will be considered public record. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, May 11, 2005, at 6 p.m.; Sunday, May 15, 2005, at 10:30 a.m.; and Wednesday, :Play 18, 2005, at 6 p.m. (Hawai`i Tribune Herald-May 1, 2005) (West Hawaii Today -May 1, 2005)