HomeMy WebLinkAboutAGE COUNCIL 01/20/2006 2004-2006 STAGY K. HIGA JAMES Y. ARAKAKI
Chrsir& Po~exuling Offerer ~iq PETE HOFFMANN
FRED C. HOLSCHUH, M.D.
VIRGINIA [SBELL DONALD IKEDA
vi~eChmi~ BOBJACOBSON
K. ANGEL PILAGO
GARY SAFARIK
COUNTY COUNCIL
County nfHax~ni't
Han~ai'i C'ounN Butlrling
25 Aupuni Street
Hilo, Hawai `i 96720
29th Session '
ORDER OF BUSINFiSS
Hawaii County Counci]
Hilo, Hawaii
Friday, January 20, 2006
9:00 a.m.
INVOCATION Reverend Tag'Faggart of Center for Spiritual Growth or First Church of
Religious Science
CALL'LO ORDER
ROLL CALL
PLEllGE OF ALLEGIANCE
APPROVAL OF MINUTES October 5, 2005
(Note: Please tom cell phones, pagers, and other mobile communication devices on silent mode.)
Hnwai'i County is pn Equa] Opportunity Po-ovider nncl Employer.
Hawaii County Council-29 Page 2 January 20, 2006
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT ANll
EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
ORDER OF RESOLUTIONS
Res. 225-05: Accepts the Dedication of Lot 4 (Kailua-Hualalai Road), Containing an Area of
0.795 Acre, Situate in the District of North Kona, County and State of Hawaii,
Bearing Tax Map Key: (3)7-5-010:084, from Leonard Radcliffe Greenwell. {Lot 4
is a portion of the Kailua-Hualalai Road, which is needed to access the Hualalai
Elderlp Housing Project.}
Re: Comm. 588
Intr. by: Mc Ikeda
Approvr. PWIRC-30
Res. 228-05: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawai' i Department of [he Attorney General, Pursuant to HRS 46-7, for the Sexual
Assault Multi-Disciplinary Training Grant. {Funds would be used to coordinate a
statewide three-day training program aimed at improving the delivery of sexual
assault services within the criminal justice system.}
Re: Comm. 598
Intr. by: Ms. Isbell
Approve: FC-208
Res. 230-05: Authorizes the Acquisition of Private Properties by Eminent Domain, Being
Portions of'Tax Map Keys: (3)1-3-003:005 and 006, Si[uate at Kauaea, Puna,
County and State of Hawaii, for the Kalapana Road, Highway ] 37, Realignment
Project. {Realignment is needed due to erosion of the highway into the sea. }
Re: Comm. 602
Intr. by: Mr. Ikeda
Approve: PWIRC'-3l
Note: First of two required readings, Section 101-13,
Flawai`i Revised Statutes
Hawaii County Council-29 Page 3 January 20. 2006
Res. 235-06: 'Transfers/Appropriates an Appropriation 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 account; credits same to Office of Housing and Community
Development Transfer to Housing Fund (Kawaihae Transitional Housing Program).
Discretionary funds from District 9 would be used for the Kawaihae 'transitional
Housing Program. }
Re: Comm. 622
Intr. by: Mr. Hoffmann
Waived: FC
Res. 236-06: hransfers/Appropriates an Appropriation 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 account; credits same to Office of Housing and Community
Development Transfer to Housing Fund (Kawaihae Transitional Housing Program).
Discretionary funds from District 8 would be used for the Kawaihae Transitional
Housing Program. }
Re: Comm. 623
Intr. by: Mr. Pilago
Waived: FC
Res. 239-06: 'transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $27,000 out and from Clerk-Council Services
Contingency Relief account; credits same to Department of Research and
Development Tourism Promotion (Big ]stand Visitors Bureau). Discretionary funds
from District 4 would be used for the Big Island Visitors Bureau's Marketing and
Promotions for the Big Island program, promoting the Big Island and developing a
stronger economic base.;
Re: Comm. 627
Intr. by: Mr. Higa
Waived: FC
Res. 241-06: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawaii Department of the Attorney General, Crime Prevention and Justice
Assistance Division, Pursuant to HRS 46-7, for a Domestic Violence and Sexual
Assault Victim Services Coordinator Grant. {Funds would be used to retain the
services of the current Victim Services Coordinator and continue the program that
services the on-going needs of victims from domestic violence/sexual assault while
their cases remain under investigation. }
Re: Comm. 633
Intr. by: Ms. Isbell
Waived: FC
Hawaii County Council-29 Yage 4 January 20. 2006
Res. 244-06: Supports Efforts to Protect Native Hawaiian Ancestral Remains (Iwi Kupuna),
Funerary Oblects (Moepu), Sacred Objects, and Cultural Patrimony from
Desecration and Destruction. {Supports the good faith efforts of the Native
Hawaiian community to protect their sacred remains and objects on behalf of future
generations.
Rc: Comm. 641
Intr. by: Mr. Higa
Waived: HSFDC
9:30 A.M.: STATEMENTS FROM THE Pl1BLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bil I 1 R7: 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
PARKS AND RECREA"FION: Kea`au Shipman Park Lighting ($550,000); funds
shall be provided from Genera] Obligation Bonds, Capital Projects Fund-Fund
Balance and/or Other Sources ($550,000). Funds would be used for the installation
of lighting for the walkway, basketball court, and tennis court at the Kea`au
Shipman Park.}
Re: Comm. 587
Intr. by: Mr..Arakaki
Approve: FC X06
2i3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 190: 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. {Increases the
following appropriation: ENVIltONMENTAL MANAGEMENT: East Hawaii
Regional Sort Station [$2,200,000] ($6,100,000); appropriation increase shall be
provided from General Obligation Bonds, Capital Projects Fund -Fund Balance
and/or Other Sources ($3,900,000). Additional funding of $3.9 million would
enable the County to proceed to award the contract for the purpose of constructing
the reload building, the associated roads and utilities, as well as the scale house and
scales (corresponding to the components of the base bid for the East Hawaii
Regional Sort Station Complex).}
Re: Comm. 597
Intr. by: Ms. Isbell (B/R)
Approve: FC-207
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Hawaii County Council-29 Page 5 January 20, 2006
Bill 191: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
Hawaii for the Fisca] Year Ending June 30, 2006. {Appropriates revenues in
Federal Grants -Sexual Assault Multi-Disciplinary Training ($34,500);
appropriates same to Sexual Assault Multi-Disciplinary Training.}
Re: Comm. 598
Intr. by: Ms. Isbell
Approve: FC-209
Bill 192: 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
PUBC[C WORKS: Kaumana Drive Sidewalks ($150,000); funds shall be provided
from Genera] Obligation Bonds, Capita] Projects Fund -Fund Balance and/or Other
Sources ($150,000). Funds would be used to construct sidewalks on Kaumana
Drive from Lele Street to Puuhina Street. }
Re: Comm. 601
Intr. by: Mr. Ikeda
Approve: FC-210
2/3 Vote: Section ]0-6(d), Hawai`i County Charter
Bill 193: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2006. {Increases/decreases revenues in
the following: Federal Grants -Coastal Zone Management ($146,246) and State
Grants Coastal Zone Management <$45,108>, for a total increase of $101,138;
appropriates $101,138 to Coasta] Zone Management (CZM). Additional funds
would be used to 1) undertake a review and revision of the County Subdivision
Code to incorporate green infrastructure principles and reduce environmental
impact, 2) review existing codes to determine whether amendments are needed to
promote environmentally-sensitive design in agricultural and rural areas,
3) continue to support the downtown Hilo community visioning project by
facilitating the development of the implementation process and tools to evaluate and
measure progress of the living action plan against smart growth principles,
4) replace (purchase) equipment necessary for field surveys, meetings,
presentations, field inspections, and enforcement of shoreline areas, and 5) attend
workshops and/or conferences related to the CZM Program. }
Re: Comm. 603
In[r. by: Ms. Isbell
Approve: FC-211
Hawaii County Council-29 Page 6 January 20. 2006
Bill 194: Authorizes the Mayor o1 the County of Hawai' i 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
$5,500,000 General Obligation Bonds of the County of Hawaii for the Purpose of
Financing Qualified Wastewater Disposal Improvements of the County of Hawai' i.
{The U.S. Environmental Protection Agency (EPA) promulgated a regulation
prohibiting the construction of new large capacity cesspools and a requirement that
all large capacity cesspools must be closed or upgraded to prevent the endangerment
of underground sources of drinking water, which the Public Works Department hus
taken the lead for this EPA mandate for County facilities. The current appropriation
balance is at $7,050,000 and the revised engineer's estimate is now set at
$12,500,000 (an additional appropriation of $5,500,000 would be required to
successfully complete construction). }
Re: Comm. 604
Intr. by: Ms. Isbell
Approve: FC-212
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 195: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and
b'inancing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds
PUBLIC WORKS: Large Capacity Cesspool Conversions -State Revolving Fund
($5,500,000); funds shall be provided from State Revolving Funds ($5,500,000).
Authorizes the Mayor to enter into an intergovernmental agreement for a State
Revolving Fund loan for the County's Large Capacity Cesspool Conversion project
and authorizes the issuance of general obligation bonds for the purpose of financing
this improvement project. }
Re: Comm. 604
Intr. by: Ms. Isbell
Approve: FC-213
2/3 Vote: Section ] 0-6(d), Hawai`i County Charter
Bill 196: 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 Fwtd
Balance Reserved for Liquor Control 15,000); appropriates same to Public
Programs. Funds would be used to conduct programs for the public which would
promote compliance to liquor laws.}
Re: Comm. 605
Intr. by: Ms. Isbell
Approve: FC-214
Hawa~`i County Council-29 Page 7 January 20, 2006
Bill 202: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
Flawai`i for the Fiscal Year Ending June 30, 2006. {Increases revenues in Transfer
from General Fund ($20,000); appropriates same to Kawaihae Transitional Shelter.
Funds would be used to help sustain the Kawaihae Transitional Shelter Program for
at least two years until a permanent site is found and new facilities bwlt.}
Re: Comm. 632
Intr. bv: Ms. Isbell
Waived: FC
Bill 203: 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 -Domestic Violence and Sexual Assault Victim Services
Coordinator ($36,920); appropriates same to Domestic Violence and Sexual Assault
Victim Services Coordinator. }
Re: Comm. 633
Intr. bv: Ms. Isbell
Waived: FC
ORDER OF THE DAY (SE('OND OR FINAL READING)
REPORTS
FINANCIAL. Monthly Financial Status Report from the Finance Department for the Month
REPORT: Ended June 30, 2005.
REFERRALS FOR EXECU'i'IVF. 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 Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties.
privileges, immunities and liabilities, 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. 640: REQIiEST FOR PROPOSAL NO. 2194 TO CONDUCT AUDITS OF'1'HE
ACCOUNTS AND OTHER EVIDENCES OF FINANCIAL TRANSACTIONS OF
THE COUNTY OF HAWAI`1
From /ndependent Financial Audit Evaluation Comrnittee William E. Smith, Deputy
County Clerk; Lane Shibata, Audit Analyst; and Rodney Oshiro, Legislative
Analyst, dated January 5, 2006.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
Hawaii County Council-29 Page 8 January 20, 2006
ANNOUNCEMENTS
TUESDAY. JANUARY 31, 2006
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, FEBRUARY 1, 2006
COUNCIL 9:00 a.m. COUNCIL ROOM
TUESDAY, FEBRUARY 14, 2006
COMMI'C1'EES TBA COUNCIL ROOM
WEDNESDAY, FEBRUARY 15 2006
COUNCIL 9:00 a.m. COUNCIL ROOM
ADJOL?RIVMENT
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 far persons with disabilities. Persons who need special accommodations to attend
this meeting should call 961-8255 by January 18, 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 Aupum Street, Hilo,
Hawai `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 Counm] Members' Office at the Holomua Center,
64-1067 Mamalahoa Highway. Suite 5, Waimea, Ilawai`i 96743.
Videoconferencink is available at the following locations:
• Kona Council Office at the Kailua Trade Center; and
• Waimea Council Office ai the Holomua Center.
If, for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting w ill
continue.
• Videoconferencing from the Pahoa Neighborhood Facility will not be available.
Submitting Testimony: Those persons wishing to testify in person or by videoconference must register with the
CounciUClerk's staff. 'Those testifying in person and submitting un~itten 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 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
Office in Hilo at the above address, (2) by facsimile [o (808) 96]-8912. or (3) by e-mail to
counciltesTimony~i~co.hnwaiiJii.us. Copies will be made and dismbuted at the meeting when transmitted m a
timely manner. In any case, both oral and written testimony will be considered public record.
Hawaii County Council-29 Page 9 January 20. 2006
Notice to Lobbyists: [f you are a lobbyist, you must register with the Hawaii County Clerk within five days of
becoming a lobbyist. {Article 15, Section 2-91.3(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 2-91.3(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.
Government Access Television: Channel 52 (I [ilo and Kona) Thursday, January 26, 2006, at 6 p.m.; Sunday,
January 29, 2006, at 10:30 a.m.; and Thursday, February 2, 2006, at 6 p.m.
(Hawai'~ Tribune Herald January l5, 2006)
(West Hawaii Today- January 15, 2006)