HomeMy WebLinkAboutAGE COUNCIL 01/05/2006 2004-2006 SI'ACY IC HIG.4 JAMES Y. ARARAKI
`~_v" Ivy PETE HOFFM.4NN
Chair' & Presiding O~rer ~4
FREll C. HOLSCHUH, M.D.
IRGINIA ISBELL DONALD IKEDA
i,l~., ~.~~a~~. BOB JACOBSON
K. ANGEL PILAGO
GARY SAFARIK
COUNTY COUNCIL
canary of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
28th Session
ORDER OF BUSINESS
Hawaii County Council
Hilo, Hawaii
Lhursday,January 5,2006
9:00 aan.
INVOCA"LION Reverend Robert Schwarzhaupt of Immaculate Heart of Mary
CALL TO ORDER
ROLL CALL.
PLEDGE OF ALLEGIANCE
APPROVAL. OF MINUTES
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawaii County is an Equal Opportunity Provider and Emplover.
Hawaii County Council-28 Page 2 January 5, 2006
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICA'CES OF MERIT AND
EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDF,R OF RESOLUTIONS
ORDER OF RESOLUTIONS
Res. 229-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $3,000 out and from Clerk-Counci] Services -Contingency
Relief; credits same to Department of Parks and Recreation Aquatics Pool
Equipment (Lifeguard Tower for Pahala Pool). Discretionary funds from District (i
would be used to purchase a new lifeguard tower for the P~hala Swimming Pool. }
Re: Comm. 599
Intr. by: Mr. Jacobson
Waived: FC
Res. 231-06: Transfers/Appropriates an Appropriaton Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $10,000 out and from Clerk-Council Services -
Contingency Relief; credits same to Office of the Prosecuting Attorney, Prosecuting
Attorney Other Current Expense Emergency Funding Hamakua Youth Center
(Program) YWCA (Agency/Vendor). Discretionary funds from District 1 would he
used as emergency fiscal support for the Hamakua Youth Center in Honoka`a
(program sponsored and managed by the Young Women's Christian Association of
Hawaii Island).}
Re: Comm. 607
Intr. by: Mr. Holschuh
Waived: FC
Res. 232-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $700 out and from Clerk-Council Services - Contingenc}
Relief; credits same to Department of Parks and Recreation Freezer (Papa`aloa
Gymnasium). Discretionary funds from Disffict 1 would be used towards the
purchase of a new freezer for the Papa'aloa Gymnasium Annex Building.}
Re: Comm. 608
Intr. by: Mr. Holschuh
Waived: FC
Hawaii County Council-28 Page 3 January 5, 2006
Res. 233-06: Establishes a'femporary Ad Hoc Fact-Finding Committee to Review Prior
Communications from Govemor Linda Lingle and Mayor Harry Kim, Review
Testimony from Public Hearings Held by the Hawaii County Council, Open
Dialogue with the Governor, Board of Land and Natural Resources (BLNR),
Hawaii State Legislature, Office of Hawaiian Affairs (OHA), and Department of
Hawaiian Home Lands (DHHL), and Study Options for Managing and Operating
State Small Boat Harbors and Boating Facilities, Presently Under the Management
of the Department of Land and Natural Resources (DLNR), Division of Boating and
Ocean Recreation (DOBOR), in Hawaii County, and Submerged Lands Involved,
and Make Recommendations to the Hawaii County Council. {Council Members
would appoint not more than two persons to form an ad hoc fact-finding committee,
with the committee selecting a chairperson to be its spokesperson, who would make
its recommendations to the Hawaii County Council by May 31, 2006.}
Re: Comm. 612
Intr. by: Ms. ]shell
Waived: PW[KC
Res.234-06: Declares the Provision of Affordable Workforce Housing to be a Burden and
Responsibility of [he County of Hawaii. Designates the Within-Mentioned
Non-Profit Corporation as the Key Entity in Assisting the County in Meeting this
Burden and Thereby Lessening Such Burden, and Recognizing that Without this
Non-Profit Corporation the County Itself Would have to Undertake the Affordable
Workforce Housing Activities that the Corporation Intends to Carry Out. {States
this resolution was approved at the Hawaii County Housing Agency meeting held
on December 21, 2005_ however, because the title didn't quite match the body of the
resolution, a private attorney representing UniDev, recommended changing the title
as well as made some minor changes to the body of the resolution, which have been
reflected in this resolution.}
Rc: Comm. 613
Intr. by: Mr. Oceda
Waived: CHA
B11.LS FOR ORDINANCES (FIRST READING)
9:45 A.M.: STATEMENTS FROM THE PUBLIC ON ORDF,R OF THE DAY (SECOND OR FINAL
READING)
ORDER OF THE DAY (SECONll OR FINAL READING)
Bill ] 74: Amends the State Land Use Boundaries Map for the County of Hawaii by
Changing the District Classification from the Agricultural to the Rural District at
Ouli, South Kohala, Hawaii, Covered by'Iax Map Key 6-2-11:30 (approx. 5.3042
acres) {Martin G. Smith, Applicant.}
Re: Comm. 547
Intr. by: Mr. Pilago and Mr. Hoffmann
1" Reading: December 21, 2005
Hawaii County Council-28 Page 4 January 5, 2006
Bill 175: Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), 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.-11:30 (approx. 5.3042 acres.) {Martin E. Smith, Applicant.}
Re: Comm. 547
Intr. by: Mr. Pilago and Mr. Hoffmann
1" Reading: December 21.2005
Bill 176: Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by
Changing the District Classification from Agricultural (A-20a) to Agricultural
(A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-26:14
(approx. 25.718 acres). {Errol and Andrea Yim, Applicants.}
Re: Comm. 548
Intr. by: Mr. Pilago and Mr. Hoffmann
Reading: December 21, 2005
Bill 177: Amends Section 25-8-12 (Kawaihae-Puako Zone Map), Article 8, Chapter 25
(Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the
District Classification from Multiple-Family Residential (RM-15) to Single Family
Residential (RS-1 S) 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. 549
Intr. by: Mr. Pilago and Mr. Hoffmann
1"Reading: December 21, 2005
Bill 178: 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
Federal Grants-Hawaii County Fire Department Lifting Bag Purchase ($36,0001;
appropriates same to Hawaii County Fire Department Lifting Bag Purchase. }
Re: Comm. 554
Intr. by: Ms. Isbell
I" Reading: December 21, 2005
Hawaii County Council-28 Page 5 January 5, 2006
Bill 179: 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 --Community Based Traffic Coordinator ($7,996); appropriates same to
Community Based Traffic 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
Intr. by: Ms. [sbell
l~' Reading: December 21, 2005
Bill 180: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
Hawai`~ for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in
Federal Grants -Traffic Investigation ($12,560); appropriates same to Traffic
Investigation. }
Rc: Comm. 557
Intr. by: Ms. Isbell
1" Reading: December 21, 2005
Bill 181: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
Hawaii for the Fisca] Year Ending June 30, 2006. {Increases revenues in Federal
Grants -Speed Enforcement ($60,364); appropriates same to Speed Enforcement.
Funds would be used to reduce the number of motor vehicle collisions resulting in
injuries and fatalities caused by speeding drivers.}
Re: Comm.5S8
Intr. by: Ms. Isbel!
1~' Reading: December 21, 2005
Bill 182: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds
PUBLIC WORKS: Left-Turn Pocket at Palani Junction ($300,000); funds shall be
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 traffic turning into Route 180, improving
the movement of traffic through this intersection. }
Rc: Comm. 559
Intr. by: Ms. Isbell
1~` Reading: December 21, 2005
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Hawaii County Council-28 Page 6 January 5, 2006
Bill 183: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
Hawai`~ for the Fiscal Year Ending June 30, 2006. {Increases revenues in
Contribution from Private Source ($4,250); appropriates same to Fire Prevention -
Other Current Expense. }
Re: Comm. 562
Intr. by: Ms. Isbell
Is` Reading: December 21, 2005
Bill 185: Authorizes the Issuance of General Obligation Bonds of the County of Hawaii for the
Purpose of Funding All or a Portion of the Costs of Various Improvement Projects for
the County and the Department of Water Supply; Fixing the Form, Denominations,
and Certain Ofher 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 $50 million in general obligation bonds, which includes the amount of
$25 million for the Deparhnent of Water Supply, who would reimburse the General
Fund for its share of the debt service on the bonds and the cost of issuance. Projects
include construction to meet legal mandates, repairs to facilities, expansion and
replacement of facilities, new facilities, and road and traffic improvements (Exhibit A)
and attaches debt service worksheets (Exhibits B and C). }
Re: Comm. 564
Intr. by: Ms. Isbell
1"Reading: December 21, 2005
Bill 186: 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
Federal Grants - Hawai `i County Police Department Data Grant ($30,000);
appropriates same to Hawaii County Police Department Data Grant. }
Re: Comm.S~(i
Intr. by: Ms. Isbell
1 Reading: December 21, 2005
Bill 188: Amends Ordinance No. OS-87, as Amended, Relating to Public ]mprovements and
Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds
PARKS AND RECREATION: Whittington Beach Park Expansion ($267,632);
funds shall be provided from 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 proximity to the
County's Whittington Beach Park.}
Re: Comm. 593
Intr. by: Ms. Isbell
1"Reading: Deceniber21,2005
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Hawaii County Council-28 Page 7 January 5, 2006
Bill 189: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds
PUBLIC WORKS: Prosecuting Attorney's Office at Aupuni Center ($1,700,000);
funds shall be provided from Genera] 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 current
available appropriation, and would cover the current construction cost plus a
recommended contingency fund for this project.}
Re: Comm. 595
[ntr. by: Ms. Isbell
1"' Reading: December 21, 2005
2/3 Vote: Section 10-6(d), Hawai'i County Charter
REPORTS
REFERRALS FOR EXECUTIVE SESSION
The Council anticipates convening an executive meeting regarding the following cases, pursuant [o
Section 92-5(a)(4), Hawaii Revised Statutes, as amended, for the purpose of consulting with the
Corporation Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties,
privileges, immunities and ]iab~lities, including the current status of the litigation. A 2/3 vote, pursuant to
HRS Section 92-4 and Rule 12 of the Rules of Procedure of the County Council is necessary to hold an
executive meeting.
Comm. 61 L CLAIM AGAINST THE COUNTY/DEANNE SADAE FUJIOKA
From Deputy Corporation Counsel Joseph K. Kamelamela, dated December 22,
2005.
Hawaii County Council-28 Page 8 January 5, 2006
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
Comm. 531. I : From Mayor Harry Kim, dated December 27, 2005, returning Bill 169 for the
Council's reconsideration in order to correct this measure with Bill 169, Draft 2; and
Bill 169: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
Hawai' i for the Fiscal Year Ending June 30, 2006. {Increases revenues in
Contribution from Private Source ($2,250); appropriates to Fire Protection -Other
Current Expense ($1,250) and Fire Prevention- Other Current Expense ($1,000),
for a total of $2,250.
Re: Comm. 531
Intr. by: Ms. Isbell
1 Reading: December 7, 2005
2"`' Reading: December 21, 2005
and
Comm. 531.2: From Vice Chair Virginia Isbell, dated December 27, 2005, transmitting Bill 169,
Draft 2. llraft 2 corrects the appropriation to the current fiscal year's operating
budget rather than the prior fiscal year; and
Bill 169 Amends Ordinance No. OS-86, as Amended, the Operating Budget far the County of
(Draft 2): Hawai' i for the Fiscal Year Ending June 3Q 2006.
Intr, by: Ms. Isbell
ANNOUNCEMENTS
THURSDAY. JANUARY 19
2006
COMMII'TF,ES TBA COUNCIL ROOM
FRIDAY, JANUARY 20, 2006
COUNCIL 9:00 a.m. COUNCIL KOOM
TUESDAY, JANUARY. 31
2(106
COMMCTTEES TBA COUNCIL ROOM
WEDNESDAY. FEBRUARY
1 2006
COUNCIL 9:00 a.m. COUNCIL ROOM
Hawaii County Council-28 Page 9 January 5, 2006
ADJOURNMENT
Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to
introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify 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 cal] 961-8255 by January 3, 2006. 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
Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo,
Hawaii 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, Suite 5, Waimea, Hawaii 96743.
Videoconferencin~ is available at the following locations:
• Kona Council Office at the Kailua Trade Center; and
• Waimea Council Office at the Holomua Center.
[f, for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will
continue.
Videoconferencing from the Pahoa Neighborhood Facility will not be available.
Submittme 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 (16) copies of the testimony for distribution at the meeting. Those testifying by videoconference
from the Kona Council Office and the Waimea Counci] 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
Office in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to
counciltesti~nony@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 written testimony will be considered public record.
Notice to Lobbyists,: [f you arc a lobbyist, you must register with the Hawaii County Clerk within five days of
becoming a lobbyist. {Article 15, Section 2-913(6), 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
period for 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 expenddure report documents are available at the Office of the County Clerk-Council,
25 Aupuni Street, Hilo, Hawaii 96720.
Government Access Television: Channel 52 (Hilo and Konal Wednesday, January 11, 2006, at 6 p.m.; Sunday,
January 15, 2006, at 10:30 a.m.; and Wednesday, January 18. 2006, at 6 p.m.
(Hawai`i Tribune Herald -January 1, 2006)
(West Hawaii Today-January 1, 2006)