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Home My WebLink AboutAGE COUNCIL 03/01/2006 2004-2006 STACY K. HIGA "~y JAMES Y. ARAKAKI Chaim PresidingOjficer PETE HOFFMANN FRED C. HOLSCHUH, M.D. VIRGINIA ISBELL DONALD IKEDA Vice Chair ••'•;•ui,M';tJ' BOB JACOBSON K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL County ofHawai'i _ Hawaii County Building 25 Aupuni Street Hilo, Hawai `i 96720 32"d Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, March 1, 2006 9:00 a.m. INVOCATION Pastor Richard Uejo of KMC Chapel and Heritage Fellowship CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Nate: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai `i County is an Egual Opportunity Provider and Empdoyer- Hawaii County Council-32 Page 2 March 1, 2006 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 252-06: Transfers/Appropriates an Appropriation Out and From [he Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Prosecuting Attorney -Weed and Seed Coordinator. Discretionary funds from District 5 would be used to purchase tools and equipment to train students for entry level positions in the field of auto mechanics at Pahoa High and Intermediate School.} Re: Comm. 661 Intr. by: Mr. Safarik Approve: FC-229 Res. 253-06: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Transportation, Pursuant to HRS 46-7, for a Deputy Prosecutor Training Project. {Funds would be used to improve performance of the law enforcement system in its efforts to enforce traffic laws by training deputy prosecuting attorneys in the conceptual, technical, scientific, and trial aspects of these offenses and by having them participate in traffic commander meetings.} Re: Comm. 664 Intr. by: Ms. Isbell Approve: FC-230 Res. 262-06: 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 Department of Research and Development Tourism Promotion Miscellaneous Contract Services (Filipino Centennial Celebration in Hamakua). Discretionary funds from District 1 would be used to assist with the funding requirements for the Filipino Centennial Celebration in Hamakua.} Re: Comm. 700 Intr. by: Mr. Holschuh Waived: FC Hawaii County Council-32 Page 3 March 1, 2006 Res. 263-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Research and Development (Agriculture Research and Development, Miscellaneous Contract Services -Taste of Puna). Discretionary funds from District 3 would be used to co-sponsor the 10`x' Annual Taste of Puna scheduled for Saturday, March 18, 2006. } Re: Comm. 706 Intr. by: Mr. Arakaki Waived: FC Res. 264-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Accounts) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,550 out and from Clerk-Council Services - Contingency Relief account; credits same to Hawaii County Fire Department Fire Protection Other Current Expense Miscellaneous Charges (Project Lifesaver International, Equipment, and Training). Discretionary funds from District 1 would be used to purchase equipment and cover the cost of required training for Project Lifesaver, a search and rescue technology that would be utilized by the Hawaii County Fire Department. } Re: Comm. 707 Intr. by: Mr. Holschuh Waived: FC Res. 265-06: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawaii Department of Transportation, Pursuant to HRS 46-7, for a Waimea Transportation Circulation Plan Grant. {Funds would be used to develop along- range regional transportation circulation plan for the Waimea region.} Re: Comm. 708 Intr. by: Ms. Isbell Waived: FC Res. 266-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $7,000 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Friends of the Park (Pana`ewa Park Dugouts). Discretionary funds from District 4 would be used to construct two dugouts at Pana`ewa Park for youth sports.} Re: Comm. 710 Intr. by: Mr. Higa Waived: FC Hawaii County Council-32 Page 4 March 1, 2006 Res. 267-06: Regarding the Selection of a Member of the Hawaii County Council to Serve as an Advisor to a Request for Proposals Evaluation Committee Selecting Private Vendors Proposing Solid Waste Solutions for the County of Hawaii; Re: Comm. 711 Intr. by: Mr. Safarik Waived: EMC and Comm. 582.9: From Finance Director William Takaba, dated February 10, 2006, transmitting an opinion from the Office of the Corporation Counsel regarding whether or not Resolution 238-02 applied to RFP No. 2210 as it relates to who is placed on the evaluation committee. Res. 268-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $253,139 out and from Clerk-Council Services - Contingency Relief account; credits to the following: Police Administration Division -Other Current Expense, Equipment Repairs/Maintenance ($22,900), South Hilo Police -Other Current Expense, Equipment Repairs/Maintenance ($8,250), Kohala Police -Other Current Expense, Equipment Repairs/Maintenance ($1,830), Kona Police -Other Current Expense, Equipment Repairs/Maintenance ($49,309), Puna Police-Other Current Expense, Equipment Repairs/Maintenance ($14,910), Investigative Cause of Death, Miscellaneous Contract ($35,850), Police Sobriety Test, Miscellaneous Contract Services ($14,250), Police Administration Division -Other Current Expense, Miscellaneous Contract Services ($3,600), Police Administration Division -Other Current Expense, Miscellaneous Materials and Supplies ($25,200), Waimea Police Division -Other Current Expense, Miscellaneous Contract Services ($8,200), North Hilo -Other Current Expense, Miscellaneous Contract Services ($2,200), Hamakua -Other Current Expense, Miscellaneous Contract Services ($2,200), Police Administration Division -Other Current Expense, Miscellaneous Contract Services ($31,500), Kona Police-Other Current Expense, Miscellaneous Contract Services ($29,000), and Police Administration Division -Equipment, Miscellaneous Equipment ($3,940), for a total of $253,139.). Requests funding be transferred from the Contingency Relief account into the Police Department's budget to be used towards anticipated account shortages, unforeseen repairs, and district stations' improvements.} Re: Comm. 712 Intr. by: Ms. Isbell Waived: FC Hawaii County Council-32 Page 5 March 1, 2006 Res. 269-06: Authorizes the Council Chair and the Mayor to Negotiate the Purchase (not to exceed $5,000,000) of Approximately 17,000 Square Feet of Fee Simple Office Property Located at 333 Kilauea Avenue, Hilo, Hawaii from BF Hilo Partners to Domicile the Office of the County Council-Clerk. Re: Comm. 713 Intr. by: Mr. Higa Waived: FC 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 123: Amends Section 25-8-5 (Kailua Urban Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Multiple Family Residential (RM-1) to Resort-Hotel (V-.75) at Puaa l~', North Kona, Hawaii, Covered by Tax Map Key 7-5-9:23 (approx. 1.172 acres). {KPC Villages, LLC, Applicant.} Re: Comm. 362 Intr. by: Mr. Hoffmann and Mr. Pilago Negative Recommendation: PC-54 Bill 209: 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 -Deputy Prosecutor Training ($15,864); appropriates same to Deputy Prosecutor Training.} Re: Comm. 664 Intr. by: Ms. Isbell Approve: FC-231 Bill 210: 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 Fund Balance from Previous Year ($3,475,662); appropriates to the following: Traffic Division -Other Current Expense ($125,000), Streetlights ($343,602), Traffic Signs and Markings -Other Current Expense ($240,060), Highway Maintenance Administration -Other Current Expense ($42,000), Highway Maintenance Administration -Equipment ($1,048,000), Puna Road -Other Current Expense ($37,000), and Transfer to Capital Project Fund ($1,640,000), for a total of $3,475,662. Re-appropriates funds which had lapsed (Kailua Village Streetlights, Puna Makai Subdivision Streetlights, Ainaola Subdivision Streetlights, and the Volcano Charter School Shoulder Paving) to the aforementioned accounts.} Re: Comm. 670 Intr. by: Ms. Isbell (B/R) Approve: FC-232 Hawaii County Council-32 Page 6 March 1, 2006 Bill 21 l : 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: Mamalahoa Highway Improvements (Mud Lane to Waimea Town) ($640,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($640,000). Current cost for materials and striping is estimated to be $1,140,000 and not $500,000 as previously budgeted.} Re: Comm. 670 Intr. by: Ms. Isbell (B/R) Approve: FC-233 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 212: 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: Coastview-Wonderview Road Resurfacing ($858,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($858,000). Resurfaces failing asphatic concrete pavement, which has deteriorated to an extent that causes a safety hazard for motorists.} Re: Comm. 670 Intr. by: Ms. Isbell Approve: FC-234 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 213: 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: Painted Church Road Safety Improvements ($142,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($142,000). Project would improve intersection sight distance and necessary road realignment, as well as associated road and drainage improvements. } Re: Comm. 670 Intr. by: Ms. Isbell Approve: FC-235 213 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-32 Page 7 March 1, 2006 Bill 214: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006. {Decreases revenue in Bus Revenues <$232,000> and increases revenue in Fund Balance from Previous Year ($2,758,465), for a total of $2,526,465; and appropriates to the following: Data Systems -Equipment ($63,000), Finance Administration and Budget -Other Current Expense ($102,025), Advertising ($58,700), Treasury -Other Current Expense ($20,000), Property Management -Salary and Wages ($20,618), Property Management -Other Current Expense ($3,132), Property Management - Equipment ($7,250), Civil Service -Salary and Wages ($26,500), Civil Service- Other Current Expense ($750), Research and Development -Other Current Expense ($9,000), Research and Development -Equipment ($20,000), Public Works Administration -Other Current Expense ($75,910), Automotive Division - Equipment ($56,000), Police Commission -Other Current Expense ($4,000), Police Administration Division -Other Current Expense ($660,400), North Hilo -Other Current Expense ($3,000), Hamakua-Other Current Expense ($10,000), Waimea- Other Current Expense ($9,000), Kohala Police -Other Current Expense ($1 1,000), Kona Police -Other Current Expense ($89,000), Ka`u Police -Other Current Expense ($14,000), Puna Police -Other Current Expense ($7,000), Fire Protection -Other Current Expense ($150,000), Fire Protection Equipment ($264,070), Construction Inspection -Salary and Wages ($21,000), Building Inspection - Salary and Wages ($120,000), Building Inspection -Other Current Expense ($35,000), Flood Control-Other Current Expense ($150,000), Civil Defense Agency -Other Current Expense ($31,500), RSVP -Other Current Expense ($7,000), Parks and Recreation Administration -Other Current Expense ($11,250), Parks Maintenance -Salary and Wages ($24,460), Parks Maintenance -Equipment ($26,900), Recreation Division -Other Current Expense ($45,000), Aquatics Pools -Other Current Expense ($100,000), Pana`ewa Zoo -Other Current Expense ($25,000), Transfer to Housing Fund ($170,000), Public Safety DisasterlEmergency-G ($75,000), for a total of $2,526,465. Due to the implementation of the Kokua Bus System, $232,000 reflects the loss in bus revenues and attaches a list of fund balance proposals showing the breakdown of the appropriations and a brief explanation on how the funds would be used.} Re: Comm. 671 Intr. by: Ms. Isbell (BlR) Approve: FC-236 Bill 215: 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 Transfer from General Fund ($170,000); appropriates to the following. Kawaihae Transitional Shelter ($136,000) and Hawaii Island Workforce Economic Development Ohana (HIWEDO) ($34,000), for a total of $170,000. Funds would be used at the Kawaihae Transitional Housing Shelter to maintain its services for this fiscal year and for repairs to its shelter; and by HIWEDO for its workforce development programs.} Re: Comm. 671 Intr. by: Ms. Isbell (B/R) Approve: FC-237 Hawaii County Council-32 Page 8 March 1, 2006 Bill 234: 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- Waimea Transportation Circulation Plan ($120,000); appropriates same to Waimea Transportation Circulation Plan.} Re: Comm. 708 Intr. by: Ms. Isbell Waived: FC 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 208: 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 -Non-Support Prosecution ($82,600); appropriates same to Non-Support Prosecution.} Re: Comm. 646 Intr. by: Ms. Isbell ls' Reading: February 15, 2006 Bill 216: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July i, 2005 to June 30, 2006. {Adds PUBLIC WORKS: Hokupa`a Street Drainage Project ($20,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources (Contingency Relief) ($20,000).} Re: Comm. 673 Intr. by: Mr. Arakaki ls' Reading: February 15, 2006 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 218: 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: Honoka`a Arena Improvements ($30,000); funds shall be provided from General Obligation Bonds, Capita{ Projects Fund -Fund Balance and/or Other Sources (Contingency Relief) ($30,000). } Re: Comm. 678.1 Intr. by: Mr. Holschuh ls' Reading: February 15, 2006 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-32 Page 9 March 1, 2006 REPORTS FINANCIAL Monthly Financial Status Report from the Finance Department for the Month REPORT: Ended September 30, 2005. EMC-9 Recommends approval of the nomination of Mr. Newton Inouye (Council District 2) (Comm. 658): to the Environmental Management Commission. FC-228 Recommends approval of the nomination of Mr. David Y. Omura (Council (Comm. 659): District 2) and Mr. John H. Sucke (Council District 9) to the Pension Board. REFERRALS 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. 694: JOCELYN P. BINNEY, ET AL. VS. HAWAII COUNTY POLICE DEPARTMENT, ET AL. CIVIL NO. 00-1-0088K AND TAMMY R. GOUVE[A, ET AL. VS. CAPTAIN COOK STOP `N SHOP. ET AL. CIVIL NO. 00-1-0090K From Deputy Corporation Counsel Brandon A. K. Gonzalez, dated February 10, 2006. Comm. 709: THERESA C. McKINNEY VS. COUNTY OF HAWAII, ET AL. CIVIL NO. OS-1-0125 From Deputy Corporation Counsel Katherine A. Garson, dated February 15, 2006. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS THURSDAY MARCH 16 2006 COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM HEARING RE OPERATING AND CAPITAL BUDGETS (E. HAWAI`1) TUESDAY. MARCH 21, 2006 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA Hawaii County Council-32 Page 10 March 1, 2006 WEDNESDAY, MARCH 22, 2006 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA COUNCIL PUBLIC 6:00 p.m. SHERATON KEAUHOU HEARING RE BAY RESORT AND SPA OPERATING AND CAPITAL BUDGETS (W. HAWAI`[) WEDNESDAY, MARCH 29, 2006 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM SPECIAL MEETING (DEPARTMENTAL AND PROGRAM REVIEWS OF BUDGETS) THURSDAY, MARCH 30, 2006 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM SPECIAL MEETING (DEPARTMENTAL AND PROGRAM REVIEWS OF BUDGETS) FRIDAY, MARCH 31, 2006 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM SPECIAL MEETING (DEPARTMENTAL AND PROGRAM REVIEWS OF BUDGETS) 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 call 961-8255 by February 27, 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 Council Members' Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5, Waimea, Hawaii 96743. Videoconferencine is available at the following locations: • Kona Council Office at the Kailua Trade Center; and • Waimea Council Office at the Holomua Center. Hawaii County Council-32 Page 11 March 1, 2006 [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. Submitting 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 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 to (808) 961-8912, or (3) by a-mail to counciltestimony@co.hawail.hi.us. Copies will be made and distributed a[ the meeting when transmitted in a timely manner. In any case, both oral and written testimony will be considered public record. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist {Article I5, 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 l5, 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. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, March 8, 2006, at 6 p.m.; Sunday, March 12, 2006, at 10:30 a.m.; and Wednesday, March 15, 2006, at 6 p.m. (Hawai`i Tribune Herald -February 26, 2006) (West Hawaii Today- February 26, 2006)