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)