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Home My WebLink AboutAGE COUNCIL 09/08/2005 2004-2006 STAGY K. HIGA Mir ar JAMES Y. ARAKAKI r a~,~~~ ~u i~~~-,~d~~~~ u~'~,-,~ bhp PETE HOFFMANN FRED C. HOLSCHUH, M.U. VIRGINIA ISBEI_I_ DONALD [KEDA r,~,~ rn„~~ ,,,,•s~S BOB JACOBSON ~ K. ANGEL P[LAGO GARY SAFARIK COUNTY COUNCIL County of Hutivai'i Hawaii County Building ?5 ~-0upuni Sn~eet Hfla Hawaii 967?0 ~0ib Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Thursday, September H, 2005 9:00 a.m. INVOCATION Reverend Mary llavid of Honpa Hongwanji Hilo Betsuin CALL'I'O ORDER ROLL (:ALL YLEDG~f Of ALLEGIANCI~. APPROVAL OF MINUTES June 29, 2005 fNote: Please twn cell phones, pagers, and other mobile communication devices un silent mode.) 1/awui'~ Coun(7~ is an Equal Opportunig~ Po-ovider renrt E)nplu~~ei~. Hawaii County Council-20 Page 2 September 8, 2005 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND F,XPRESSIONS OF CONDOLF.NCF, 9:00 A.M.: STATEMENTS FROM THI: PUBLIC ON ORDER OF RESOLUTIONS ORllER OF RESOLUTIONS Rcs. 134-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More'fhan Onc Fiscal Year (5 Years) for Two Wheel Loaders, One Steer Loader, One Hydraulic Excavator, Three Open Top Refuse Trailers, and One "Cruck Tractor. {Equipment is necessary to operate the reload facility, which is estimated to begin operations in early PY 2006-07. Re: Comm. 358 Intr. by: Ms. Isbell (B/R) Approve: FC-133 Res. 145-05: Authorizes the Acceptance of I,ot R-1 (Tax Map Key:(3)1-7-001: Portion of 012) and R-2 ("tax Map Key:l-7-017: Portion of 002), Situate at Olaa, Puna, Island, County and State of Hawaii, from the State of Hawaii. }Acquired properties would be used for the realignment of the Volcano/Huina Road intersection.} Rc: Comm. 380 Intr. bv: Mr. Ikeda Approve: PWIKC-19 Rcs. 146-05: Authorizes the Acceptance of a llonation of Real Property from Ronald Ellis Houchen, Tax Map Key:(3)9-6-018-010. ,Said donation would be made part of the Pikake Street and Pakalana Street right-of-way in Pahala Village. } Re: Comm. 381 Intr. bv: Mr. Ikeda Approve: PWIRC-20 Rcs. 147-05: Authorizes the Exchange of Real Property with Dorothy I,. H. Liu, Tax Map Keys: (3)2-4-063:122 (Portion), and 2-4-063:]30 (Portion). ,The exchange of real property would be used as part of the Kawailani Street Bridge improvements. } Re: Comm. 382 Intr. bv: Mr. Ikeda Approve: PWIRC-21 Hawaii County Councrl-20 Page 3 September 8, 2005 Res. 148-05: Changes the Time Element of the Following Department of Parks and Recreation Aquatic Positions: One Lifeguard I (Pool) 3/ST and One Lifeguard (Pool) 1/2T to Full Time; One Lifeguard I (Pool) 1/2T to 3/ST; and One Swimming Pool Custodian 1/2'I' to Full Time. {"Chew positions are located at the Kona Community Aquatic Center and would enable staff to maintain safer levels of coverage, ensure normal operations of the facility, as well as increase overall health and safety standards for the pool water, the locker rooms, and the entire facility. } Re: Comm. 384 Intr. by: Ms. Isbell Approve: FC-135 Res. I55-0~: transtersiAppropriates an Appropriation Out and From [he Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). ;Transfers/appropriates $3,500 out and from Clerk-Counci] Services -Contingency Relief account; credits same to Transfer to Hawaii C ounty Resource Center Department of Research and Development. Appropriation would be used to fund the "Waimea Desibm Studio" community development planning project to be adnunistered by the Department of Research and Development in October 2005.; Rc: Comm. 406 Intr. by: Mr. Hoffmann Waived: FC' Res. 160-05: 'Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services-Contingency Relief accowrt; credits same to "transfer to Parks and Recreation Portable Flooring (T~.dith Kanakaole'tennis Stadium/Hoolulu Complex).; Rc: Comm. 418 Intr. bv: Mr Holschuh Waived: FC Res. 1G1-O5: Translersi'Appropnates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). { transfers appropriates $28,400 out and from Clerk-Council Services - Contingency Relief account; credits same to Transfer to Parks and Recreation Portable Flooring (lidrth Kanakaole"Tennis Stadium/Iloolulu Complex).} Rc: Comm. 419 Inn-. by: Mr. Higa Waived: FC Hawaii County Council-20 Page 4 September 8, 2005 Res. 162-0~: Supports the Expedited Construction of a Reload Facility. ;`Phis would facilitate the collection of commercial and residential trash to be sorted, reloaded, and compacted, thus minimizing the number of trailers needed to move East Hawai' is trash to an ultimate disposal site.; Re: Comm. 422 Intr. by: Mr. Higa Waived: FC 9:30 A.NL: STATF.MF,NTS FROM THF: PUBLIC ON BILLS FOR ORllINANCES (FIRST READING) BILLS FOR ORDINANCEti (FIRST READING) Bill 121: Amends Ordinance No. OS-87, as Amended, Kelating to Public Improvements and Financing Thereof for the Fiscal Year July 2005 to June 30, 2006. {Adds ENVIRONMENTAL MANAGEMENT: East Hawaii Regional Sort Station ($4,000,000); funds to be provided from General Obligation Bonds, Capital P~ajeets Fund Fund Balance and/or Other Sources ($4,000,000). } Rc: Comm. 3521 Intr. by: Ms. Isbell (B/R) No Recommendation: FC-132 (due to a vote of 4 ayes, 4 noes & l excused) 2~3 Vote: Section IO-6(d), Hawaii County Charter Bill 122 Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and (Draft 2): Financing'I`hereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds ENVIKONMENI'AL MANAGEMENT: Planning for Waste Reduction Technology ($500,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($500,000). Funds would be used for planning engineering and environmental consulting and preparation of a Request for Froposals far a waste reduction technology project. } Re: Comm. ?59.1 Intr. by: Mr. Higa Approve: FC-134 2/3 Vote: Section ]0-6(d), Hawai'i County Charter Hawaii County Council-20 Page 5 September 8, 2005 Bill 131: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and Financing "thereof Ior the Fiscal Year July 1, 2005 to June 30, 2006. {Adds ENVIRONMENTAL MANAGEMENT: Wailoa Sewage Pump Station Renovation State Revolving Fund ($3,000,000); funds to be provided from State Kevolving Funds ($3,000,000). Funds would be used to renovate the Wailoa Sewage Pump Station, which would include an upgrade of the electrical system, installation of an additional pump, installation of a supervisory control and data acquisition system, and roof replacement.} Re: Comm. 386 Intr. by: Ms. Isbell (B/R) Approve: FC-136 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill I32: Amends Ordinance No. OS-87, as Amended, Relating to Pubbc Improvements and Financing Thercol for the Fiscal Year July 1, 2005 to June 30, 2006. (Adds ENVIRONMENTAL MANAGEMENT: West Hawaii Composting Facility ($1,000,000); funds to be provided from General Obligation Bonds, Capital Projects Fund Fund Balance and/or Other Sources ($1,000,000). Funds would be used to develop a legally permitted composting facility at the resource recovery area adjacent to the West Hawaii Sanitary Landfill at Pu'uanahu1u, which would provide for composting of greenwaste and other organics that are presently being disposed at our landfills. ) Rc: Comm. 387 Intr. by: Ms. Isbell (B/R) Approve: FC-137 2~3 Vote: Section 10-6(d), Hawai'i County Charter Bill 133: Authorizes the Mayor of the County of Hawaii to Enter Into an Intergovernmental Agreement for a State Water Pollution Control Revolving Fund Loan for Wastewater Public Improvement Projects; and Authorizes the Issuance of $5,600,000 General Obligation Bonds of the County of Hawaii for the Purpose of Fiunncing Qualified Wastewater Public Improvements of the County of Hawaii. {State Revolving Fiords would be used for the Environmental Management DepartmenCs Honokohau Harbor Effluent Reuse Project ($2,600,000) and the Wailoa Sewage Pump Sution Renovation Project ($3,000,000), for a total of $5,600,000. Rr. Comm. 388 Intr. by: Ms. Isbell (B/R) Approve: FC-138 Hawaii County Council-20 Page 6 September 8, 2005 Hill 134 Amends Chapter 23, Hawaii County Code 1983 (2005 Edition) to Provide (Uratt 2): Enhanced Public Notice of Proposed Development. {Requires a developer or landowner to post a sign of a proposed development on the affected property for subdivision approval or variance.}; Rc: Comm. 3893 Intr. bv: Mr. Jacobson Approve: PC-31 and Comm. 389.4: Prom Council Member Bob Jacobson, dated August 24, 2005, transmitting Hill I34, Draft 3. Draft 3 amendments are changes to structure and format, wrth no change to substance, content, or intent; and Bill 134 Amends Chapter 23, Hawaii County Code 1983 (2005 Edition) to Provide (Draft 3): Enhanced Public Notice of Proposed Development. httr. bv: Mr. Jacobson Bill 135 Amends Chapter 25, Article 2, Division 1, Hawaii County Code ] 983 (2005 (Drab 2): Edition), to Provide Enhanced Public Notice of Proposed Development. {Requires a developer or landowner to past a sign of a proposed development on the affected property for the following land use approvals or permits pursuant to Chapter 25 of the Hawaii County Code: zoning amendment, project district, agricultural project district, variance except setback variance, use permit, planned unit development permit, or cluster plan development. Re: Comm. 390.1 Intr. bv: Mr. Jacobson Approve: PC-32 and Cumm. 390.2: Prom Council Member Bob Jacobson, dated August 24, 2005, transmitting Bill 135. Draft 3. Draft 3 amendments are changes to structure and format, with no change to substance, content, or intent; and BiII 135 Amends Chapter 25, Article 2, Division 1, Hawaii County Code 1983 (2005 (Draft 3): Edition), to Provide Enhanced Public Notice of Proposed Development. Intr. bv: Mr. Jacobson Hawaii County Council-20 Page 7 September 8, 2005 10:30 A.M.: STA'I'EVIENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 124: Amends Ordinance Nu. OS-86, as Amended, the Operating Budget for the County of Hawai' i for the Fiscal Year Ending June 30, 2006. {Increases revenues in federal Grants Marijuana Eradication ($61,788); appropriates same to Marijuana F,rad~ca[ion. Funds would be used to compensate tar overtime incurred during marijuana operations, investigations, and community mectmgs; purchase equipment to enhance safety issues during upcrations/investigations; pay for helicopters service costs; cover travel expenses for attending training workshops and seminars; and assist in marihuana investigatons in conjunction with the "Weed and Seed" Program. } Rc: Comm. 367 Intr. bv: Ms. Isbell 1'' Reading: August 77, 2005 Bill 1 Z5: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii i~or the b'iscal Year Ending June 30, 2006. {Appropriates revenues in Pund Balance from Previous Year ($16,000); appropriates same to 'Alae Cemetery Improvements Other Current Expense. Funds would be used to repave the `Alae Cemetery. } Rc: Comm. 369 Intr. by: Ms. Isbell I" Reading: August 17, 2005 Bill 126: Amends Chapter 9 of the Hawaii County Code, Relating to Electricity. iThe purpose of this bill ~s 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 exeephon that allows testing of commercial installations prior to final inspection and approval under designated circumstances; and (6) allowing the llepartment of Pubhe Works to arrange for the discontinuation of electrical sen~ices of any installation in violation of the chapter.} Rc: Comm.:75 Intr. by: Mr. Ikeda I" Reading: Angus[ 17, 2005 Hawaii Count~~ Council-20 Page 8 September 8, 2005 Bill 127: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and Financing'Chereoffnr the Fiscal Year 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 Puel 'l'ax Increase Account No. 3104.06, and consists of the increased lucl tax revenues created pursuant to Resolution Nos. ]92-97 and 241-9fi. Specific projects are listed on Exhibit A. } Re: Comm. 377 Intr. bv: Ms. Isbell 1 Reading: August 17, 2005 2%3 Vote: Section ]0-6(d), Hawai`i County Charter 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: 2/3 Vote- Pursuant to X92-4, HRS, and Rule l2 of Rules of Procedure of the County Council.) Comm. 411: DANIEL DESPRES V. ERIKA FRITTS, ET AL. CIVIL NO. 04-1-129K Prom Deputy Corporation Counsel Brandon A. K. Gonzalez, dated August 23. 2005. OTHER BUSINESS Qncluding but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items. ~ ANNOUNCEMENTS ~1'UESDAY, SEP"1'EMBER 20, 2005 COMMI'fTGES TBA COUNCIL ROOM WEDNESDAY, SEPTEMBER 21, 2005 COUNCIL 9:00 a.m. SIIERATON KEAUHOU BAY RESORT & SPA TUESDAY, OCTOBER 4 2005 COMMIT"t1~:HS TBA COUNCIL ROOM WEDNESDAY, OCTOBER 5, 2005 COl ~NC1L 9:00 a.m. COUNCIL ROOM Hawaii County Council-20 Page 9 September 8, 2005 ADJOURNMENT' Note: B/K, 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. I~he meeting place is accessible for persons with disabilities. Persons who need special accommodations to attend this meeting should call 961-825 by September 7, 2005. Persons using TDDs may call 961-8521. Copies of an item listed on the agenda may be viewed at the Hawaii County Services Office at 75-5706 Kuakini I lighway. Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Sheet, Hilo, Flawa~'i 96720.: at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109. Kailua-Kona, Hawaii 96740; and at the Waimea Counci] Members' Office at the Holomua Center, 64-1067 Mamalahoa highway, SLnLI' S, Waimea, Hawaii 96743. ~'ideoconferencw~ is available at the following locations: • Kona Cow~cil Oltice at the Kailua "trade Center; and • Waimea Council Ottiee at the Holomua Center. I lo~~ever, if for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. ~'ideoconfcrencing [him the Pahoa Neighborhood Facility will not be available. Subnuttine 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 (l6) copies of the testimony far distribution at the meeting. Those testifying by videoconference from the Kona Council Office and the Waimea Council Office should bring one copy of the testimony. Those persons unable to testify in person or by videoconference may subrnit testimony (7) by mail to the County Clerk's Office in Flilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to cowu~ilmetinu~ny~urohciu~aii hi. us. Copies will be made and distributed at the meeting when transmitted m a tmiely manner. In any case, both oral and written testimony will be considered public record. Government Aecess.Teleyision: Channel 52 (Hilo and Kona) Wednesday, September 14, 2005, at 6 p.m.; Sunday. September 18. 2005, at 1030 a.m.; and Wednesday. September 21, 2005, at 6 p.m. (Hawai'i Tribune Herald -September 7, 2005) (West Hawaii Today -September 6, 2005)