HomeMy WebLinkAboutAGE COUNCIL 12/21/2005 2004-2006 STAC'Y K. H1GA JAMES Y. ARAKAKI
n<<~,~ ~e i°~~-,m~~~,x o~«~-, ~ PETE HOFFMANN
CRLD C. HOLSCHUI~i, M.D.
V'IKGINIA ISBELL - • DONALD IKEDA
BOB JACOBSON
~ ~ rimy •~;;:...n~y
K. ANG13L P[LAGO
GARY SAF'ARIK
COUNTY COUNCIL
County of Hawni'f
HciHeai'i County Builr6ng
25 Aupuni Street
Hilo. Hawni'i 96720
27°i Session
ORDLR OF BUSINESS
Hawaii County Council
Hilo, Hawm'i
Wednesday, Deeembzr Z1, 2005
9:00 a.m.
INVUC:ITION Munster Earl Ikeda of Puna Hongwanji Mission
CALI. 7 O ORDER
BULL CAL I.
PLEDGE OF ALLEGIANCE
APPROVAL OE MINUTES
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Ncneni Courur 6 nn Equnl Opporhaiity~ Po~onider and Fmplorer.
Hawaii County Council-27 Page 2 December 21.2001
PH'IITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND
EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMM. 586 AND ORDER OF
RESOLU'I'[ONS
Cumin. 18G- NOM WATES MS. EMMA SOUSA (COUNCII. DIS"I'R(C'f 2)'I~O THE PENSION
?30ARD
From Mayor Harry Kim, dated November 22, 2001, Transmllting for Council's
consideration and approval the above nomination.
Waived: FC
ORDER OF RESOLUTIONS
Res. 210-01: Authorizes the Office of the Mayor to Enter ]nto a Agreement with the State of
Hawaii Department of Transportation, Pursuant to HRS 46-7, for a Hawai' i County
Fire Department Lifting Bag Purchase Grant {Funds would be used to purchase six
pneumatic lifting bags to support extrication of victims and [he stabilization oC
vehicles involved in automobile crashes.}
Rc: Comm. 554
Intr. by: Ms. Isbell
Approve: PC-I92
Res. 21 I-01: Authorizes the Office of the Mayor to F:nter Into an Agreement with the State o1
Hawai' i Department of "franspor[ation, Pursuant to HRS 46-7, for a Data Grant Ibr
the Hawaii County Police Department. {Funds would be used to continue efforts
to establish a statewide traftic data system and to ensure compliance with national
standards. }
Re: Comm. 556
Intr. by: Ms. Isbell
Approve: FC-195
Res. 212-01: Authorizes the Off ice of the Mayor to F.nter Into an Agreement with the State of
Hawaii Department of Transportation, Pursuant to HRS 46-7, ibr a Traffic
Investigation Program Grant. {Funds would be used for aprop-ram to reduce the
numbu of alcohol related fatalities and injuries, increase public awareness, and
provide a constant deterrence against drunk driving.}
Re: Comm. 157
Intr. by: Ms. Isbell
Approve: PC-197
Hawaii County Council-27 Page 3 December 21, 2005
Res. 2 C3-05: Amends Resolution No. 97-OS by Increasing the Square Footage of Office Space m
the Department of Research and Development's Kona Office. ;Increases the square
footage of office space located at Lanihau Professional Building, Room 2001 in
Building LC, located at 75-5591 Palani Road, from 1,025 to 1,225, with the
monthly rates per square feet being unchanged.;
Re: Comm. X60
h~tr. by: Ms. Isbell
Approve: FC-201
IZcti. 21 ~-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for aMulti-Year Lease (5 years) of a Copier for the Hawaii County
Police Department. {"The Captain Cook Police Substation's current copier does not
work and cost to repair it exceeds the annual cost to lease a new machine. }
Re: Comm.5G1
Intr. by: Ms. fsbell
Approve: FC-202
Rcs. 215-05: Authorizes the Acceptance of a Monetary Donation of $4,250 to the Hawai' i
County Fire Department. {Donated by Wal-Mart Kona, as part of its "Safe
Neighborhood Grant" program. Funds would be used towards the purchase of
educational materials to be distributed to the public in commemoration of Firc
Prevention Week and Emergency Medical Services Week in the month of May.;
Re: Comm. X62
Intr. by: Ms. Isbell
Approve: FC-203
Rcs. 22G-O5: T'ransfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
;Transfers/appropriates $1,000 out and from Clerk-Council Services Contingency
Relief account; credits same to Department of Parks and Recreation Park
Maintenance Other Current Expense (Hilo Downtown Improvement Assoaation
2005 Holiday Lights Program). Discretionary funds from District 2 would be used
to help pay for costs associated with the Hilo Downtown Improvement Associauun's
2005 Holiday Lights Program.}
Re: Comm. 592
Intr. by: Mr. Ikeda
Waived: FC
Hawaii County Council-27 Page 4 December 21, 2005
Re, 227-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More "Chan One
Fiscal Year for aMulti-Year Lease (5 years) of Two Copiers for the Office of the
County Clerk. {The Reprographic Division's current contract will soon expire and
would like to secure a similar option of leasing two newer models, which are not on
the County's bid list.;
Re: Comm. 596
Intr. by: Ms. Isbell
Waived: FC
9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 174: Amends the State Land Use Boundaries Map for the County of I~Iawai'i by
Changing the District Classitcation from the Agricultural to the Rural District at
Ouli, South Kohala, Hawaii, Covered by'Fax Map Key 6-2-I 1:30 (approx. 53042
acres) ;Martin 6. Smith. Applicant.}
Rr Comm. 547
Intr. by: Mr. Pilago and Mr. Hoffmann
Negative Recommendation: P445 (due to 4 ayes, 3 noes,
and 2 absent & excused)
Lull 175: Amends Section 25-8-7 (North and South Kohala Distracts Zone Map), Article 8,
Chapter 25 (Z_.oning Code) of the Hawai' i County Code 1983 (2005 Edition), by
Changing the District Classification from Agnicultura] (A-Sa) to Residential and
Agricultural (RA-2a) at Ouli, South Kohala, Hawaii, Covered by Tax Map
Key 6-2-] 1:30 (approx. 53042 acres.) {Martin E. Smith, Applicant.;
Rc . Comm. 547
Intr. by: Mr. Pilago and Mr. }~lott~mann
Negative Recommendation: YG46 (due w 4 ayes, 3 noes,
and 2 absent & excused)
Bill 176: Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8,
Chapter 25 (L,oning Code) of the Hawaii County Code 1983 (2005 Editon). by
Changing the District Classification from Agricultural (A-20a) to A~nicultural
(A-l0a) at Kaloko, North Kona, Hawai' i, Covered by Tax Map Key 7-3-26:14
(approx. 25.718 acres). {Errol and Andrea Yun, Applicants.;
Rc: Comm. 548
Intr. by: Mr. Pilago and Mr. }loffmann
Approve: PC-47
Hu~tiai'i County Council-27 Page ~ December 21, 2005
Bill 177: Amends Section 25-8-12 (Kawaihae-Puako Zone Map). Article 8, Chapter 25
(Coning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the
District Classification from Multiple-Family Residential (RM-I S) to Single Family
Residential (RS-15) at Ouli, South Kohala, Hawaii, Covered by Tax Map
Key 6-2-16:1-19 (approx. 13.028 acres). {Moani Heights at the Uplands at Mauna
Kea Community Association, Applicant. }
Re: Comm.5~19
Intr. by: Mr. Pdago and Mr. Hoffmann
npprove: PC-4H
Bill 178: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the Cuunry o1
Hawaii for the Fiscal Year Ending June 3Q 2006. {Appropriates revenues in
Federal Grants -Hawaii County Fire Department Lifting Bag Purchase ($36,000);
appropriates same to Hawaii County Fire Department Lifting Bag Purchase ~
Re: Comm. 554
Intr. bv: Ms. Isbell
npprove: I~C-193
Bill 179: Amends Ordinance No. OS-86, as Amended, the Operating Budget Ibr the Counh of
Hawaii for the Fiscal Year Ending June 30. 2006. {Increases revenues in Federal
Grants Community Based Traffic Coordinator ($7,996); appropriates same to
Community Based "fraffic Coordinator. Funds would be used to reduce the number
of alcohol, speed, and seatbelt non-use related traffic fatalities and injuries by
providing a community based coordinator to plan and coordinate activities and to be
a liaison between state, county, and community agencies and organizations.
Re: Comm. 555
Lntr. by: Ms. Isbell
Approve: FC-194
Bill 180: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the Couotc of
Hawaii for the Fiscal Year Ending June 30, 2006. {Appropriates revenues m
Federal Grants Traflc Investigation ($12,560); appropriates same to'fraftic
Investigation.
Re: Comm. 557
Intr. bv: Ms. Isbell
Approve: FC-198
1lauai'i County Council-27 Page 6 December 21, 2005
Bill 181: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
1[awai'i for the Fiscal Year Ending June 30, 2006. {Increases revenues in Federal
Grants -Speed Enforcement ($60,364); appropriates same to Speed Enlorcement.
Funds would be used to reduce the number of motor vehicle collisions resulting in
injuries and fatalities caused by speeding drivers.}
Re: Comm. 558
bite. bv: Ms. Isbell
Approve: F('-199
Bill 182 Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July I, ?005 to June 30, 2006. ,Adds
PUBL IC WORKS: Lett-Turn Pocket at Palani Junction ($300,000); funds shall he
provided from General Obligation Bonds, Capital Projects Fund -Fund Balance
and/or Other Sources ($300,000). Funds would be used to design and construct a
left-turn pocket on Route 190 to channel traftic turning into Route 180, improving
the movement of traftic through this intersection. }
Rc: Comm. 559
Intr. by: Ms. Isbell
Approve: FC-2110
2'3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 183: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending Junc 30. 2006. ;Increases revenues in
Contnbution from Private Source ($4,250); appropriates same to Fire Prevention
Other Currentlixpense.}
Rc: Comm. 562
Intr. by: Ms. Isbell
Approve FC-204
Bill 185: Authorizes the Issuance of General Obligation Bonds of the County o1 I Iawai'i for the
Purpose of Funding All or a Portion otthe Costs of Various Improvement Projects for
the County and the Department of Water Supply; Fixing the Form, Denominations,
and Certain Other Details of Such Bonds and Providing for Their Sale to the Public;
and Authorizes the Taking of Other Actions Relating to the Issuance and Sale of the
Bonds and the Retirement of the Bonds to be Refunded. {Authorizes the issuance of
up to S50 million m genera] obligation bonds, which includes the amount of
S25 million for the Department of Wau r Supply, who would reimburse the General
Fund 1~or its share of the debt service on the bonds and the cost of issuance. Projects
include construction u> meet legal mandates, repairs to facilities, expansion and
replacement of facilities. new facilities. and road and traffic improvements (Exhibu A)
and attaches debt service worksheets (t[xhibits B and C).;
Re Cumm.5G4
Intr. by: Ms. Isbell
Approve: F(~-20>
BatA'811 County Council-27 Page 7 December 2].2005
Bill 186: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in
Federal Grants -Hawaii County Police Department Data Grani ($30,000);
appropriates same to Hawaii County Police Department Data Urant.
Re: Comm. 556
Intr. by: Ms. Isbell
Approve: FC-196
Bill I88: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, ?005 to June 30, 2006. ;Adds
PARKS AND RECREATION: Whittington Beach Park Expansion 0267.632);
lands shall be provided h~om Federal Grants Receivable ($267,632). Acquisition of
this coastal estuary area consisting of 225 acres would assure the preservation and
conservation of many valuable natural resources and is in close proxm~ity to the
County's Whittington Beach Park. }
Re Comm. 593
Intr. by: Ms. Isbell
Waived: FC
2%3 Vote: Section 10-6(d), Hawai'i County Charter
Bill 189: Amends Ordinance Nu. 05-87, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2005 to June 3Q 2006. ,Adds
PUBLIC WORKS: Prosecuting Attomcy's Office at Aupuni Center 01,700,000);
funds shall be provided from General Obligation Bonds, Capital Projects Fund
Fund Balance and/or Other Sources ($1.700,000). Funds would supplement the
initial appropriation of $3,450,000, as the apparent low bid exceeds the cuiTCnt
available appropriation, and would cover the current construction cost plus a
recommended contingency fund for this project. }
Rc: Comm. 595
Intr. bv: Ms. Isbell
Waived: FC
2/3 Vote: SecUOn 10-6(d), Hawai'i County Charter
I lawni' i County Council-27 Page 8 December 21, 2005
10:15 A.M.: STATEMENTS FROM THE PUBLIC ON ORDF,R OF THE DAY (SECONll OR
FINAL READING)
ORDER OF THE DAY (SE('OND OR FINAL READING)
Bill 162 Amends Section 25-8-11 (Lalamilo-Yuukapu Y,one Map), Article 8, Chapter 25
(I)rati (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by ('hanging the
District Classification from Agricultural (A-40a) to Agricultural (A-Sa) at Waimea,
South Kohala, Iiawai't, Covered by Tax Map Key 6-4-] 7:40 (approx. 43.88 acre,).
,Yoshio Inaba. et al., Applicant ~
Re: Comm. 493.5
Intr. by: Mr. Arakaki
1" Reading: November 22, 2005
Postponed: December 7. 2005 (pending Public 1 fearing to he
held on December 19, 2005)
Bill 168: Amends Ordinance No. US-87. as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July I , 2005 to June 30, 2006. {Adds
PUBLIC WORKS: Kaumana Drive P'lood Protection -Federal ($300,000); funds
to be provided from Federal Grants Receivable ($300,000). The U.S. Department
of Agriculture, Natural Resources Conservation Service (NRCS) will reimburse the
County of Hawaii for consultant fees necessary to prepare a plan to provide L7ood
protection to homes along Kaumana Dnve between Chong Street and one-hall mile
above Wilder Road (work will be based on the Waipahoehoe Stream hood anal~~sis
completed by the NRCS in ?003).;
Re: Comm. 529
Intr. by: Ms. Isbell
1'' Reading: December 7.2005
2~3 Vote: Section 10-6(d), Hawai'i County Charter
B~II 1G9: Amends (h~dinance No. OS-86, as Amended, the Operating Budget for the County of
Hawaii for the Fisea] Year Ending ,tune 30, 2006. {Increases revenues m
Contnbution from Private Source ($2,250); appropriates to Fire Protection Other
Current Expense ($1,250) and Pire Prevention Other Current Expense ($1,000).
for a total of $2,250. }
Re: Comm. 531
Intr. by: Ms. Isbell
1'' Reading: December 7. 2005
Hawai' i County Council-27 Page 9 December 21.2005
Bill 170: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 2005 to June 3Q 2006. {Adds
PUBLIC' WORKS: North Kona Connector Roads ($500,000); funds to be provided
f}om Pund Balance -Designated ($500,000). Funds would be used for the
acquisition, construction, improvements, and/or ancillary costs associated with the
development of four connector roads that lie between the Kona
Coash~iew/Wonderview and Kona Palisades subdivisions. 'The four road
connections are: Nana-Holoholo, Ahi`ahi-Kauhale, Holu-Ko'oke'o, and
'Ili'ili-Ki'ek`ie};
Rc: Comm. 533
Intr. by: Ms. Isbell
I"Reading: December 7. 2005
2/3 Vote: Section 10-6(d), Hawai'i County Charter
and
Comm. 533.1: From Deputy Finance Director Nancy Crawford, dated December 8, 2005.
RH;POR'FS
FC-190 Recommends approval of the nomination of Ms. Ann L Lum (Council District 91 to
fComm. »2): the Board of Ethics.
FC-191 Recommends acceptance of a Nautilus Weighs "Fraining Unit to the Fire Department
(Comm. X51): for use at the Kailua-Kona Fire Station for their fitness program. donated by Altun
and Pam Kajikawa, with a total estimated value of $900; and ten pull buoys and ten
pairs of goggles to the Department of Parks and Recreation to be used by the Notice
Swim Team at the Kona Community Aquatic Center for swim training, donated by
Presley Galariza, with a total estimated value of $208.
REFERRALS FOR EXECI'"1'IVE SESSION
the Council anticipates convening an executive meeting regarding the following cases, pursuant to
Section 92-5(a)(4), Hawaii Revised Statutes, as amended, for the purpose of consulting with the
Corporation Counse] and/or its attorney on questions and issues pertaining to the Council's powers, dutiez,
privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote, pursuant to
HRS Section 92-4 and Rule ]2 of the Rules of Procedure of the County Council is necessary to hold an
e.wcutire meeting.
Conan. 591: KA7IILEEN M. WILLIAMSON, E7' AL. V. 11IL0 COMMUNITY PLAYERS. I~~I'
AL. CNIL NO_._04-1-0203. _ _
From Deputy Corporation Counsel I tarry P. Freitas, dated December 8, 2005.
OTHER Bl'SINESS
(Including but not limited to consideration of aetoed items, if any, or reconsideration of actions on agenda
items.)
I lawail chanty Council-27 Page 10 December ? 1.2005
ANNOCN('EMENTS
WEDNESDAY, JANUARY 4 2006
COMMI fTEES TBA COUNCLI. ROOM
"THURSDAY, JANUARY
5
2006
COUNCIL 9:00 a.m. CUU'VCll. ROOM
CHURSDAY, .IANUARY l9
200
COMMCI°fhES TBA COUNCIL ROOM
FR[llAY,.fANUARY20 20Q5,
COUNCIL 9:00 a.m. COUNCIL ROOM
AUJOUR.ti_V1ENT
Note: Li R. when listed next to the name of an Introducer, sigmities that the Council Member has agreed to
introduce legislation "By Request" on behalf of the requesting party. Tt does not neeessanly signify support of or
opposition to the proposal.
I'hc mecung place is accessible for persons with disabilities. Persons who need special accommodations to attend
this meeting should call 961-8255 by December 19, 2005. Persons using TDDs may call 961-8521.
Copies ol~ an item listed on the agenda may be viewed at the Hawaii C ounty Sewiees Office ut 75-5706 Kuakini
I lighway, Suite 103, Kailua-Kona, Hawai'i')6740; at the Office of the County Clerk at 25 Aupuni Street, I Iilo,
I luwai'i 96720; at the Kona Council Members' Office at the Kailua "trade Center, 75-706 Hanama Place.
Sure 109, Kailua-Kona, Hawaii 96740: and at the Waimea Council Members' OftSce at the Holomua Center.
64-106? Mamaluhoa Highway Suite Waimea, Hawaii 96743.
~jclgocgnferzncine is available at the following locations:
• Kona Council Oftice at the Kailua "I~rade ('enter; and
• W'aimri Council Office at the Holomua Center.
II'. for tcchmcal reasons the vulcu connection cannot be made and/or is disrupted, the scheduled meeting ~~ill
conllnut
Videoconterencing from the Pahoa Neighhorhood f
acility will not be available.
Submitting Testimony: Those persons wishing to testify in person or by videoconference must register with the
CounciVClerk's sta17~. 'T'hose testifying in person and submrttmg wntten 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 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 submit testimony (1) by mail to the County Clerk's
O(I ice in Hilo at the above address, (2) by facsimile to (808) 961-8912. or (3) by e-mail to
rom~cihertinu~~ip(ruco.hawaii.bi.u.c. Copies will be made and distributed at the meeting when transmitted m a
umcl} m:mner. In any case, both oral and written testimony will be considered public record.
I lawai'i County Council-27 Page 11 December 21.2005
'yotice to Lobbyists: If you arc a lobbyist, you must register with the Hawaii County Clerk within five days of
becoming a lobbyist. Article 15, Section 2-91.3(b), Hawaii County Code; A lobbyist means "any individual
engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month
penod fur the purpose of attempting to influence legislative or administrative action by communicating or urging
others to communicate with public officials." {Article 15, Section 2-913(a)(6), Hawaii County Code)
Registration forms and expenditure report documents are available at the Office of the County Clerk-Council.
25 Aupuni Street, Hilo, Hawaii 96720.
Uovernment Access Television: Channel 52 (Hilo and Kona) Wednesday, December 2K, 2005, at G p.m.;
Sunday. January 1, 2005, at 10:30 a.m.; and Wednesday, Jamiary 4, 2005, at 6 p.m.
tllawai'i Tnbune Herald December 18, 2005)
(w'rst Hawaii Today December 18, 2005)