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HomeMy WebLinkAboutAGE COUNCIL 02/01/2006 2004-2006 ~`V STAGY K. HIGA `V °`"vy JAMES Y. ARAKAKI Chnir & Presiding Officer PETE HOFFMANN FRED C. HOLSCHUH, M.D. VIRGINIA ISI3ELL DONALD IKEDA vice CBmr '"•i~' BOB JACOBSON K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL County of HaH~at'i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 30°i Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, February 1, 2006 9:00 a.m. INVOCATION Associate Pastor Sheldon Lacsina of New Hope Christian Fellowship CALL ~ro oRDER ROLL CALL PLEDGE OF ALLEGIANCIi APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hnwar'i County is an Equal Opportunity Provider and Employer. Hawaii County Council-30 Page 2 February I , 2006 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATF,MENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 206-05: 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-Council Services -Contingency Relief account; credits same to Police Department -Police Administration Division Other Current Expense Educational, Recreational and Scientific Equipment (Neighborhood Watch Program). Discretionary funds from District 5 would be used to provide lights, signs, decals, and communication devices for the Ainaloa Neighborhood Watch Program.} Re: Comm. 536 Intr. by: Mr. Safarik Approve: FC-215 Res. 237-06: Requests the County of Hawaii Police Department to Increase Enforcement of Traffic Violations Within the Hawaiian Paradise Park Subdivision. Re: Comm. 624 Intr. by: Mc Safarik Approve: PSYRGI8 Res. 238-06 Increases the Use of High Energy-Efficient Vehicles and Save County Funds by (Draft 2): Requesting the County Department of Finance to Study the Procurement of Increasing Percentages of High Energy-Efficient Alternative Fuel Vehicles as Part of Their Annual Vehicle Acquisition Plans. Re: Comm. 625.1 Intr. by: Mr. Safarik Approve: FC-217 Res. 240-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $11,092 out and from Clerk-Council Services - Conungency Relief account; credits same to Department of Parks and Recreation Hilo and West Hawaii Veterans' Cemetery Other Current Expense (West Hawaii Veterans' Cemetery Development and Expansion Association, Inc. Discretionary funds from District 7 would be used to purchase three sheltered signs (bhia-post) for the West Hawaii Veterans' Cemetery.} Re: Comm. 631 Intr. by: Ms. Isbell Approve: F('-218 Hawaii County Council-30 Page 3 February 1, 2006 Res. 242-06: Authorizes the Acceptance of a Monetary Donation of $500 to the Hawaii County Fire Department (donated by the Firefighters Charitable Foundation). {Funds would be used in the Fire Department's training and public education programs. } Re: Comrn.634 Intr. by: Ms. Isbell Approve: FC-219 Res. 243-06: 'Transfers/Appropriates an Appropriation Out and From The Designated Fund Account(s) and Credits Same to a Designated Fund Account(s), for Kahuku Park Improvements that Will be Completed with the Help of Community Volunteers. {Transfers/appropriates $40,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Transfer to Capital Projects Fund - G (Department of Parks and Recreation, Kahuku Park Improvements. Discretionary funds from District 6 would be used to improve Kahuku Park. } Re: Comm. 637 Intr. by: Mr. Jacobson Approve: FC-223 Res. 249-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $14,500 out and from Clerk-Council Services - Contingency Relief account; credits same to Department of Parks and Recreation- Friends of the Park (Dugout/Fencing Materials for Honoka`a/Pa`auilo Baseball Fields). Discretionary funds from District 1 would be used to purchase materials to build four baseball dugouts (two at Honoka`a Park and two at Pa`auilo Park) and fencing materials for the baseball field at Pa`auilo Park.} Re: Comm. 647 Intr. by: Mr. }lolschuh Waived: FC Res. 250-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $14,000 out and from Clerk-Council Services - Contingency Relief account; credits same to Department of Parks and Recreation Pana'ewa Zoo Other Current Expense. Discretionary funds from District 3 would be used to purchase two hexagon canopy shades for the Pana`ewa Zoo to provide sun protection for its visitors.} Re: Comm. 648 Intr. by: Mr. Arakaki Waived: FC Hawaii County Council-30 Page 4 February I, 2006 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BII,1,S FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bi II 197: Amends Ordinance No. 93-8, Relating to Exceptional Trees. {Removes one mango tree from a grove of 600 mango trees located adjacent to Pohoiki Road, which was added to the list of "Exceptional Trees of the County of Hawaii". } Re: Comm. 609 Intr. by: Mr. Pilago Approve: PCSO Bill 198: Amends Section 25-8-32 (South Hilo District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Unzoned to Agricultural (A-80a) at Kukuau ls`, South Hilo, Hawaii, Covered by Tax Map Key 2-4-8:33 (approx. 885.400 acres). {The Newton Family Limited Partnership, Applicant. } Re: Comm. 615 Intr. by: Mr. Pilago Approve: PC-51 Bill 199: Amends Section 25-8-33 (City of Hilo Lone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-la) to Neighborhood Commercial (CN-20) at Ponahawai, South Hilo, Hawaii, Covered by'I'ax Map Key 2-3-36:18 (approx. 8 acres). {Matsuno Enterprises, Ltd., Applicant.} Re: Comm. 616 Intr. by: Mr. Pilago Approve: PC-~2 Bill 200: Amends Section 25-8-34 (Papaikou-Onomea 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) and Single Family Residential (RS-15) to Family Agricultural (FA-Sa) at Wainaku, South Hilo, Hawaii, Covered by 'I ax Map Key 2-6-032:004 & 005 (approx. 26.122 acres). {Kulana Kea, LLC_ Applicant. } Re: Comm. 617 Intr. by: Mr. Pilago Approve: YC-S t Hawaii County Council-30 Page 5 February 1, 2006 Bill 201: 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 DEPARTMENT OF WATER SUPPLY: Ainaloa Waterline Installation ($750,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sowces ($750,000). Funds would be used to install a waterline from State Highway 130 along Ainaloa Boulevard to Woodrow Drive in the Ainaloa Subdivision.} Re: Comm. 620 Intr. by: Mr. Safarik Approve: FC-216 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 204: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for [he Fiscal Year Ending June 30, 2006. {Increases revenues in Contribution from Private Sowce ($500); appropriates same to Fire Prevention - Other Current Expense.} Re: Comm. 634 Intr. by: Ms. Isbell Approve: FC-220 Bill 205: 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 State Grants -Product Development Program ($100,000); appropriates same to Product Development Program-State. Funds would be used to support and improve the tourism product development initiatives and projects.} Re: Comm. 635 Intr. by: Ms. Isbell Approve: FG221 Bill 206: 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: PUBLIC WORKS: Hawaii County Building improvements [$1,500,000] ($5,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($4,000,000). Additional funds would be used for incidental and supplemental work to complete the removal of asbestos fire proofing on roof trusses, above ceiling spaces, AC equipmenC, and floor tiles. } Re: Comm. 636 Intr. by: Ms. Isbell Approve: FC-222 2/3 Vote: Section ] 0-6(d), Hawai`i County Charter Hawaii County Council-30 Page 6 February 1, 2006 Bill 207: 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 RECREATION: Kahuku Park Improvements ($40,000); funds shall be provided from General Obligation Bonds, Capital Project Fund-Fund Balance, and/or Other Sources (Contingency Relief) ($40,000). Funds would be used for a community walking path (Life Walk); retaining rock walls at the soccer field, swing sets, and pavilion area, for erosion prevention and public safety; and for meta] seats in the swing set area. } Re: Comm. 638 Intr. by: Mr. Jacobson Approve: FC'-224 2/3 Vote: Section 10-6(d), Hawai`i County Charter 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Rcs. 230-05: Authorizes the Acquisition of Private Properties by Eminent Domain, Being Portions of Tax Map Keys (3)1-3-003:005 and 006, Situate at Kauaea, Puna, County and State of Hawaii, for the Kalapana Road, Highway 137, Realignment Project. {Realignment is needed due to erosion of the highway into the sea.} Re: Comm. 602 lntr. by: Mr. Ikeda P' Reading: January 20, 2006 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes Bill 187: Amends Ordinance No. 05-87, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds PARKS AND RECREATION: Kea'au Shipman Park Lighting ($550,000); funds shall he provided from General 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 1"Reading: January 20, 2006 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-30 Page 7 February I, 2006 Bill 190 Amends Ordinance No. OS-87, as Amended, Kelating to Public Improvements and (Draft 2): Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Increases the following appropriation: ENVIRONMENTAL MANAGEMENT: East Hawaii Regional Sort Station [$2,200,000] ($3,321,000); appropriation increase shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($1,121,000). Draft 2 decreases the proposed increase of $2,779,000 to $1,121,000 for the Department of Environmental Management's East Hawaii Regional Sort Station.} Re: Comm. 597.6 Intr. by: Ms. Isbell 1 Keading: January 20, 2006 2/3 Vote: Section 10-(i(d), Hawaii County Charter Bill 191: 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 Federal Grants -Sexual Assault Multi-Disciplinary Training ($34,500); appropriates same to Sexual Assault Multi-Disciplinary Training.} Re: Comm. 598 Intr. by: Ms. Isbell l" Reading: January 20,2006 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 PUBLIC WORKS: KarSmana Drive Sidewalks ($150,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($150,000). Funds would be used to construct sidewalks on KaGmana Drive from Lele Street to Puuhina Street.} Re: Comm. 601 Intr. by: Mr. Ikeda Reading: January 20, 2006 2/3 Vote: Section ] 0-6(d), Hawai`i County Charter Hawaii County Council-30 Page 8 February I, 2006 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 Coastal 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 Intr. by: Ms. lsbell 1 s' Reading: January 2Q 2006 Bill 194: 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 $5,500,000 General Obligation Bonds of the County of Hawaii for the Purpose of Financing Qualified Wastewater Disposal Improvements of Che County of Hawaii. {The U.S. Environmental Protection Agency (EPA) promulgated a regulation prohibiting the construction of new large capacity cesspools and a requirement dial all large capacity cesspools must be closed or upgraded to prevent the endangerment of underground sources of drinking water, which the Public Works Department has 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 1"Reading: January 20, 2006 2/3 Vote: Section 10-6(d), Hawai`i County Charter I Iawai'i County Council-30 Yage 9 February I, 2006 Bill 195: 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: 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 barge Capacity Cesspool Conversion project and authorizes the issuance of general obligation bonds for the purpose of financing this miprovement project. } Re: Comm. 604 Intr, by: Ms. Isbell 1"Reading: January 20, 2006 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 196: 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 Fund 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 ]"Reading: January 20, 2006 Bill 202: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of }Iawai`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 built. } Re: Comm. 632 Intr. by: Ms. Isbell 1 Reading: January 20, 2006 Bil] 203: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the Counh~ of Hawaii for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in Federal Grants -Domestic Violence and Sexua] Assault Victim Services Coordinator ($36,920); appropriates same to Domestic Violence and Sexual Assault Victim Services Coordinator.} Re: Comm. 633 Intr. by: Ms. Isbell 1 Reading: January 20, 2006 Hawaii County Council-30 Page 10 February 1, 2006 REPORTS FINANCIAL Monthly Financial Status Report from the Finance Department for the Month REPORT: Ended July 31, 2005. PC-49 Recommends approval of the nomination of the following individuals to the Kona (Comm. 628): Community Development Plan Steering Committee: Ms. Anne L Young, Mr. Roger P. Dilts, Jr., Ms. JoAnn Farnsworth, Ms. Maralyn (Marni) Herkes, Mc 'Thomas Hickcox, Ms. Kate Jacobson, Ms. Gretchen Lawson, Ms. Lydia Mahi, Ms. Stacie Mandaguit, Mr. Michael Matsukawa, Mr. Ken Melrose, Ms. Janice Palma-Glennie, Mr. Ed Rapoza, Mr. Curtis J. Tyler, III, and Ms. Chrystal Yamasaki. RERERRALS FOR EXECUTIVE 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. 162.2: WES HICKS VS. COUNTY OF HAWAII, ET AL., CIVIL NO. 03-1-0288 _ From Deputy Corporation Counsel Harry P. Freitas, dated January 20, 2006. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, FEBRUARY 14, 2006 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, FEBRUARY 15, 2006 COUNCII, 9:00 a.m. COUNCIL ROOM TUESDAY, FEBRUARY 28 2006 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, MARCH 1 2006 COUNCIL 9:00 a.m. COUNCIL ROOM Hawaii County Council-30 Page 11 February I, 2006 ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, si6mifies 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 call 961-8255 by January 30, 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 Kadua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawaii 96740; and at the Waimea Council Members' Office at the Holomua Center, 64-1067 M3malahoa Highway, Suite 5, Waimea, Hawaii 96743. _V ideoconferencing is available at Che following locations: • Kona Council Office at the Kailua Trade Center, and • Waimea Council Office at the Holomua Center. If, 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. Submitting Testimony: Those persons wishing to testify in person or by videoconference must register w ith 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 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 Counh~ Clerk's Office in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to counciltestimonv(aco.hux~aii-iii.ua~. 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 are 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 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, 2S Aupuni Strcct. Hilo, Hawaii 96720. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, February 8, 2006, at 6 p.m.; Sunday, February 12, 2006, ut 10:30 a.m.; and Wednesday, February 15, 2006, at 6 p.m. (Hawai`i Tribune Herald-January 29, 2006) (West Hawaii Today-.lanuary 29, 2006)