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HomeMy WebLinkAboutAGE COUNCIL 08/17/2005 2004-2006 S STACY K. HIGA JAMES Y. ARAKAKI ('lmir & Presiding Officer 4~K, PETE HOFFMANN . ~ FRED C. HOLSCHUH, M.D. VIRGINIA ISBELL DONALD IKEDA t'ice choir BOB JACOBSON ~ K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL County oJHawai'i Hawai `i County Building 25 Aupuni Street Hilo, Hawat'i 96720 19'~ Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, August 17, 2005 9:00 a.m. INVOCATION Minister Earl Ikeda of Puna Hongwanji Mission CALL TO ORDER ROLL CALL. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES June ] 5, 2005 (Note: Please tum cell phones, pagers, and other mobile communication devices on silent mode.) Hawni'i County is an Egual Opportunity Provider and Employer. Hawaii County Council-19 Page 2 August 17, 2005 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 137-05: Authorizes the Payment of Funds of a Later Fisca] Year and of More Than One Fiscal Year for aMulti-Year Lease (5 years) of a Copier for the Office of Aging. {The lease expired on July 3l, 2005, and the Office is looking for a comparable copier with a higher capacity to meet the steady increaseldemand in the Office. } Re: Comm. 368 Intr. by: Ms. Isbell Approve: FC-724 Res. 138-05: Authorises the Director of Finance to Compromise Real Property Taxes Owed by the California Institute of Technology on a Parcel Identified as Tax Map Key: (3) 6-5-004-057. {The Director of the California Association for Research in Astronomy requests that the County approve the parcel's tax exempt status as of June 2001, refund the resulting overpayment in taxes for the 2001-02 to 2004-OS tax years, and adjust its property tax bill for the 2005-06 tax year.} Re: Comm. 370 Intr. by: Ms. Isbell Approve: FG 126 Res. 139-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Ckedits Same to a Designated Fund Account(s). {Transferslappropriates $30,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Research and Development (New Industry and Industry Development, Miscellaneous Contract Services). Discretionary funds from District 7 would be used to establish a Kailua Village Business Improvement District. } Re: Comm. 37] Intr. by: Ms. Isbell Approve: FC-127 Hawaii County Council-14 Page 3 August 17, 2005 Res. 140-05: TransferslAppropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $30,000 out and from Clerk-Council Services - Cantingency Relief account; credits same to Research and Development (New Industry and Industry Development, Miscellaneous Contract Service). Discretionary funds from District 8 would be used to establish a Kailua Village Business Improvement District.} Re: Comm. 371.1 Intr. by: Mr. Pilago Approve: FC-128 Res. 141-OS Authorizes a Grant of Easement for Service Extension at Pepe`ekeo and (Draft 2): Makahanaloa, District of South Hilo, County and State of Hawaii, to Hawaii Electric Light Company, Inc. and Hawaiian Telcom, Inc. Re: Comm. 373.1 Intr. by: Mr. Ikeda Approve: PWIRC-16 Res. 142-05: Authorizes the Acceptance of a Donation of Rea] Properties From the State of Hawaii, by Its Board of Land and Natural Resources, Tax Map Keys: (3)7-5-014:016 and 7-5-015:008, for the M~malahoa Highway Improvements in North Kona. {Donation of real properties would be used to widen and improve sight distance on the Mamalahoa Highway in the vicinity of Waiaha Stream.} Re: Comm. 374 Intr. by: Mr. Ikeda Approve: PWIRGI7 Res. 143-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). (Transferslappropriates $3,359 out and from Clerk-Council Services -Contingency Relief account; credits same to Transfer to Parks and Recreation Miscellaneous Equipment Account-Recreation Division. Discretionary funds from District 2 would be used to purchase a basketballJvolleyball scoreboard for the Pi`ihonua Gym. } Re: Comm. 372 Intr. by: Mr. Ikeda Approve: FC-129 Hawaii County Council-19 Page 4 August 17, 2005 Res. 144-05. Authorizes the Acceptance of a Donation of a Type III Engine Brush Truck to the Hawaii County Fire Department. {Donated by the Salinas Rural Fire District, in honor of former Salinas Firefighter and past Pa`suilo resident Jack Levitz, to the Pa`auilo Volunteer Fire Company with an estimated total value of $50,000.} Re: Comm. 376 Intr. by: Ms. Isbe]] Approve: FC-130 Res. 150-05: Authorizes the Office of the Mayor to Enter Into a Memorandum of Understanding with the State of Hawaii Department of Budget and Finance, Pursuant to HRS 46-7, to Coordinate the Application to the Center for Medicare and Medicaid Services to Receive the Retiree Drug Subsidy. {Primary responsibility of the County would be to authorize the Hawaii Employer-Union Health Benefits Trust Fund (EUTF) to release any and al] information necessary for the State Director of Finance to timely submit the application.} Re: Comm. 393 Intr. by: Ms. Isbell Waived: FC Res. 151-05: 'fransferslAppropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transferslappropriates $ 11,976 aut and fram Clerk-Council Services - Contingency Relief account; credits same to Aquatics Pools Salaries and Wages. Requests tunding be transferred from the Contingency Relief Account into Parks and Recreation's Aquatics Division so that additional swimming lessons can be offered at the Kona Community Aquatic Center.} Re: Comm. 394 Intr. by: Ms. Isbell Waived: FC Res. 152-05: Requests an Amendment to the Hawaii State Association of Counties (HSAC) Bylaws by the HSAC Executive Committee in Order for the County of Hawaii to Host the 2006 Annual Conference in December 2005 Instead of in June 2006. Re: Comm. 395 Intr. by: Mr. Pilago Waived: PWIRC Hawaii County Council-19 Page 5 August 17, 2005 Res. 153-05: Supports Efforts to Rehear En Banc the Ninth Circuit Court of Appeals' Decision that the Admission Policy of the Kamehameha Schools is Racially Discriminatory. {Governor Lingle through Attorney General Mark J. Bennett requests the support of all four County Councils in the State of Hawaii in its efforts to reverse the August 2, 2005, decision and judgement in Doe v. Kamehameha SchoolslBernice Pauahi Bishop Estate. C.A No 04-15044. } Re: Comm. 396 Intr. by: Mr. Higa (Note: A 213 vote is required to suspend the Rules of Procedure aad Organization in order to consider Resolution 153-05J 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 124: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006. {Increases revenues in Federal Grants -Marijuana Eradication ($61,788); appropriates same to Marijuana Eradication. Funds would be used to compensate for overtime incurred during marijuana operations, investigations, and community meetings; purchase equipment to enhance safety issues during operationslinvestigations; pay for helicopters service costs; cover travel expenses for attending training workshops and seminars; and assist in marijuana investigations in conjunction with the "Weed and Seed" Program.} Re: Comm. 367 Intr. by: Ms. Isbell Approve: FC-133 Bill ]2S: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawai `i for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in Fund Balance from Previous Year ($16,000); appropriates same to `Alae Cemetery Improvements Other Cun'ent Expense. Funds would be used to repave the °Alae Cemetery.} Re: Comm. 369 Intr. by: Ms. Isbell Approve: FC-125 Hawaii County Council-19 Page 6 August 17, 2005 Bill ] 26: Amends Chapter 9 of the Hawaii County Code, Relafing to Electricity. {The purpose of this bill is to adopt amendments to Chapter 9, Electrical Code, to address local conditions or situations. Significant amendments include: (1) updating the reference from 1993 to 2002 National Electrical Code; (2) deleting exception for temporary construction services in Section 9-9, relating to Inspections; (3) requiring supervising electrician or electrical contractor to be present on job site upon request of the administrative authority; (4) clarifying procedures regarding defective installations; (5) adding an exception that allows testing of commercial installations prior to final inspection and approval under designated circumstances; and (6) allowing the Department of Public Works to arrange for the discontinuation of electrical services of any installation in violafion of the chapter.} Re: Comm.37S Intr. by: Mc Ikeda Approve: PWIRGIB Bill 127: Amends Ordinance No, 05-87, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Yeaz July 1, 2005 to June 30, 2006. {Establishes the following program appropriations: TEA-21 Projects (Federal Aid) ($3,350,000) and Local Road Improvements ($3,350,000), for a total of $6,700,000; funds to be provided from that portion of the Highway Fund designated as the Fuel Tax Increase Account No. 3104.06, and consists of the increased fuel tax revenues created pursuant to Resolution Nos. 192-97 and 241-98. Specific projects are listed on Exhibit A.} Re; Comm. 377 Intr. by: Ms. lsbell Approve: FC-131 2I3 Vote: Section 10-6(d), Hawai`i County Charter 70:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 1 18: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006. {Increases revenues in Contribution from Private Source ($5,000); appropriates same to Youth Summit-Private.} Re: Comm. 355 Intr. by: Ms. Isbell 15` Reading: August 3, 2005 Hawaii County Council-19 Page 7 August ]7, 2005 Bill 119: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 3Q 2006. {Appropriates revenues in Federal Grants -Geothermal Outreach ($95,602); appropriates same to Geothermal Outreach. J Re: Comm. 356 Intr. by: Ms. Isbell ls` Reading: August 3, 2005 Bill 120: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006, {Appropriates revenues in State Grants -Disabled Parking ($18,420); appropriates same to Disabled Parking -State. Funds would be used towards the County's Disabled Persons Parking Placard Program.} Re: Comm. 357 Intr. by: Ms. Isbell ] s' Reading: August 3, 2005 Bill 128 Amends Ordinance No. 03-49 of the County of Hawaii Adopted on March 25, (Draft 2): 2003, as Amended by Ordinance No. 03-125 Adopted on August 27, 2003, as Amended by Ordinance No. 04-51 Adopted on May 19, 2004, Relating to the Issuance of $36,312,650 in General Obligation Bonds. {Amends the 2003A General Obligation Bond to include references to the new Capital Improvement Program (CIP) Project, Honl's Beach Property Acquisition and to Ordinance No. 05-87, the CIP Budget for fiscal year 2005-2006.}; Re; Comm. 378.1 Intr. by: Ms. Isbell 1"Reading: August 3, 2005 2l3 Vote: Section 47-5, Hawaii Revised Statutes and Comm. 378.3: From Michael J. Matsukawa, Attorney at Law, dated July 28, 2005. Bill 129: Amends Ordinance No. 99-41 of the County of Hawaii Adopted on April 12, ] 999, as Amended by Ordinance No. 00-56 Adopted on May 7 7, 2000, as Amended by Ordinance No, 04-61 Adopted on May 27, 2004, as Amended by Ordinance No. OS-43 Adopted on April 18, 2005, Relating to the Issuance of $30,000,000 in General Obligation Bonds for the Purpose of Financing Various Public Improvements for the County of Hawaii. {Amends the 1999A General Obligation Bond to allow the use of remaining 1999A bond funds for capital improvement projects appropriated during FY 2005-06. Possible funding for the purchase of the Hon]'s Beach Park Property may come from these two bond issuances (Bill 129 and subsequent Bill 130). } Re: Comm. 379 Intr. by: Ms. Isbell 1 s' Reading: August 3, 2005 2/3 Vote: Section 47-5, Hawaii Revised Statutes Hawaii County Council-] 9 Page 8 August 17, 2005 Bill 130: Amends Ordinance No. O]-33 of the County of Hawaii, Adopted on March 9, 2001, as Amended by Ordinance No. O]-72 Adopted on August 24, 2001, Relating to the Issuance of $7,000,000 in General Obligation Bonds. {Amends the 2001 A General Obligation Bond to also allow the use of remaining 2001A bond funds for capital improvements projects appropriated during FY2005-06 as well as for past fiscal years' CIP budget ordinances from FY2002-03 through FY2004-05. } Re: Comm. 379 Intr. by: Ms. Isbell ] s` Reading: August 3, 2005 2/3 Vote: Section 47-5, Hawaii Revised Statutes REPORTS 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: 213 Vote -Pursuant to §92-4, HRS, and Rule 12 of Rules of Procedure of the County Council.) Comm. 385: THOMAS G. NAUMAN VS. PAUL BUGADO, ET AL. CIVIL NO. 04-00392 DAE/LEK From Deputy Corporation Counsel Brandon A. K Gonzalez, dated August 3, 2005. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 308.1: From Mayor Harry Kim, dated August 9, 2005, returning Bills 1 13 and 1 14 for the Council's reconsideration in order to amend these bills with the correct metes and bounds descriptions; and Bill ] 13: Amends the State Land Use Boundaries Map for the County of Hawaii by Changing the District Classificafion from the Agricultural to the Rural District at Ouli, South Kohala, Hawaii, Covered by Tax Map Key 6-2-9:26 (approx. 5.312 acres). {Tooman Family Trust; Marc R. Rice Revocable Living Trust; Patricia P. Rice Revocable Living Trust, Applicant.}; Re: Comm. 308 Intr. by: Mr. Hoffmann and Mr. Pilago ] s' Reading: July 22, 2005 2"d Reading: August 3, 2005 and (Comm. 308.2 continues on [he next page.) Hawaii County Council-19 Page 9 August ] 7, 2005 Comm. 308.2: From Planning Director Christopher J. Yuen, dated August 9, 2005, transmitting Bill 113, Draft 2, and subsequent Bill 114, Draft 2. Draft 2 of both bills include the metes and bounds description; and Bill 113 Amends the State Land Use Boundaries Map for the County of Hawaii by (Drafr 2): Changing the District Classification from the Agricultural to the Rural District at Ouli, South Kohala, Hawaii, Covered by Tax Map Key 6-2-9:26 (approx. 5.312 acres). {Tooman Family Trust; Marc R. Rice Revocable Living "Crust; Patricia P. Rice Revocable Living Trust, Applicant.} Intr. by: Mr. Hoffmann and Mr. Pilago Bill 114: 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 Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawaii, Covered by Tax Map Key 6-2-9:26 (approx. 5.312 acres). {Tooman Family Trust; Marc R. Rice Revocable Living Trust; Patricia P. Rice Revocable Living Trust, Applicant.}; Re: Comm. 308 Intr. by: Mr. Hoffmann and Mr. Pilago 1 s` Reading: July 22, 2005 2°a Reading: August 3, 2005 and Bill 1 ]4 Amends Section 25-5-7 (North and South Kohala District Zone Map), (Draft 2): 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 6-2-9;26 (approx. 5.312 acres). {Tooman Family Trust; Marc R. Rice Revocable Living Trust; Patricia P. Rice Revocable Living Trust, Applicant.} Intr. by: Mr. Hoffmann and Mr. Pilago ANNOUNCEMENTS WEDNESDAY. SEPTEMBER 7, 2005 COMMITTEES TBA COUNCIL ROOM THURSDAY. SEPTEMBER 8, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, SEPTEMBER 20, 2005 COMMITTEES TBA COUNCIL ROOM WEDNESDAY. SEPTEMBER 21, 2005 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA Hawaii County Council- l9 Page 10 August 17, 2005 ADJOURNMENT Note: B/R, as listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "fay 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 disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by August 15, 2005. Persons using TDDs may call 961-8521. Copies of an item listed on the agenda may be viewed at the Hawai` i County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawai `i 96740; at the Office of the County Clerk at 25 Aupuni Sheet, 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: Videoconference from the Kona Mayor's Office and the Pahoa Neighborhood Facility is available for this meeting. However, if for technical reasons the video connection cannot be made andlor is disrupted, the scheduled meeting will continue. Submitting Festimony: Those persons wishing to testify in person or by videoconference must register with the CouncillClerk's staff 'Those testifying in person and submitting written testimony at the meeting in Hilo should bring sixteen (16) 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, 75-570b Kuakini Hwy., Suite 103, and the Pahoa Neighborhood Facility 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 councilies/intony@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 wrirten testimony will be considered public record. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, August 24, 2005, at 6 p.m.; Sunday, August 28, 2005, at ] 0;30 a.m.; and Wednesday, August 31, 2005, at 6 p.m. (Hawai'i Tribune Herald -August 16, 2005) (West Hawaii Today- August 16, 2005)