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HomeMy WebLinkAboutAGE COUNCIL 05/03/2000 1998-2000 JAMES Y. ARAKAKI a?7.`•°~!!eeyq AARON S.Y. CHUNG Chairman & PresidingQ~cer d~i;P LENINGRAD ELARIONOFF e: ;a 7ULIE JACOBSON AL SMITH BOBBY JEAN LEITHEAD-TODD • 4 ' NANCY PISICCHIO Vice Chairman •i'•S; a° ~'r`~ PE °R J. CURTIS TYLER, III DOMINIC YAGONG COUNTY COUNCIL County of Hawai `i Hawai `i Counh~ Building ~`-~C~V~;~ i 25 Aupuni Street !Irne___ ~'.a ~~'!`~~j°X- Hilo, Hawaii 96720 ;.?(,te_.___~__1Ji~.~ ~~'1-~~?=-.d.~- County G~uriCil 36th Session r• - ORDER OF BUSINESS ,:h~ Hawaii County Council Hilo, Hawaii {,1.` Wednesday, May 3, 2000 9:00 a.m. CALL TO ORDER ROLL CALL INVOCATION The Reverend Tag Taggart of the First Church of Religious Science APPROVAL OF MINUTES April 5, 2000 STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS Hawaii County Council Page 2 May 3, 2000 PETITIONS, MEMORIALS AND COMMUNICATIONS ORDER OF RESOLUTIONS Res. 216-00: Provides for the acquisition of private property, being portions of Tax Map Keys (3)7-5-017;005, 7-5-019:001, 7-5-019:038, 7-5-019:040 and 7-5-02:001, situate at Waiaha 1st, Puapuaanui 1st and Kahului 1st and 2nd, District of North Kona, County and State of Hawaii, for the Ali`i Highway mauka-makai connector road. Re: Comm. 67 I Intr. by: Mr. Chung (B/R) Filed: FC-253 Res. 239-00: Deletes an Equipment Operator III and creates a Laborer II position. {Highways Division, Department of Public Works.} Re: Comm. 723 Intr. by: Mr. Chung Approved: FC-255 Res. 240-00: Authorizes the Mayor to enter into amulti-year agreement to ]ease two (2) copy machines for the Office of Housing and Community Development. Re: Comm. 728 Intr. by: Mr. Chung Approved: FC'-256 Res. 241-00: Authorizes the sale, in fee simple, of Lot 6 of "Crossroads" situate at (Dra#t 2) Lanihau 1st, North Kona, Hawaii. {TMK: (3)7-5-04:63; 43,562 square feet - Maryl Group, Inc. } Re: Comm. 730.003 Intr. by: Mr. Chung (B/R) Approved: FC-257 Hawaii County Council Page 3 May 3, 2000 Res. 247-00: Authorizes the Mayor, on behalf of the County of Hawaii, to execute a contract for a voting and vote counting system for the State of Hawaii Office of Elections, the County of Hawaii, the City and County of Honolulu, the County of Kauai and the County of Maui. Re: Comm. 7.52 Intr. by: Mr. Chung Waived: FC Res. 248-00: Authorizes the appropriation and use of prior year funds resulting from the execution of a supplemental agreement for a computer system and Legislative History Database for the Office of the County Clerk and County Council. {To cover the unanticipated cost of leasing and servicing the statewide "precinct count" voting equipment and cover the increased cost of temporary assignments; appropriates $45,500 to the following Clerk accounts: Elections-Other Current Expenses-Miscellaneous Contractual Services ($45,000) and Council Salary & Wages- Miscellaneous ($500). } Re: Comm. 753 Intr. by: Mr. Chung Waived: FC Res. 249-00: Authorizes the funding increase of Special Counsel Contracts for William Silva, et al., v. County of Hawaii et al., Civil No. 97-622 (Hilo). {Contract Numbers 96327, 96326 and 99055 ($540,000)., Re: Comm. 754 Intr. by: Mr. Chung (B/R) Waived: FC Res. 250-00: Authorizes the County of Hawaii to enter into an agreement with the United States of America, pursuant to HRS 46-7, for a Federal Equitable Sharing Agreement. { Police Department-provides equitable share of forfeited cash, property and proceeds for investigations the Department was a participant. } Re: Comm. 755 Intr. by: Mr. Chung Waived: FC Hawaii County Council Page 4 May 3, 2000 BILLS FOR ORDINANCES Sill 210: Amends Ordinance No. 99-41 of the County of Hawaii adopted on April 12, 1000, relating to the issuance of general obligation bonds for the purpose of Financing Various Public Improvements for the County of Hawaii. {Adds the construction of a mauka-makai road to connect Ali`i Drive to Queen Ka`ahumanu Highway in Kailua-Kona ($3,000,000). } Re: Comm. 671 Intr. by: Mr. Chung (B/R) Filed: FC-254 Bill 235: Amends Ordinance 99-70, as amended, the Operating Budget for the Fiscal Year ending June 30, 2000. {Increases revenues in the Federal Grants -Federal Transit Administration account by $299,971; and appropriates same to the Federal Transit Administration account.} Re: Comm. 717 Intr. by: Mr. Chung Approved: FC-258 Bill 238: Amends Chapter 24 (Traffic Schedule), of the Hawaii County Code 1983 (1995 Edition), relating to Traffic Regulations. {Kukuau Street -proposed 25 mile per hour limit} Re: Comm. 731 Intr. by: Mr. Yagong Approved: PWPC-77 Bill 23~): Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Single Family Residential (RS-10) to General Commercial (CG-7.5) at Waiakea, South Hilo, Hawaii, covered by Tax Map Key 2-2-20:11. {Thomas C. Chen, applicant} Re: Comm. 733 Intr. by: Ms. Leithead-Todd Approved: PC-95 Hawaii County Council Page 5 May 3, 2000 Bi1124fi: Amends Ordinance No. 99-70, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2000. {Increases revenues in the Fund Balance from Previous Year, Solid Waste account by $200,000; and appropriates same to the Landfills, Other Current Expenses, Solid Waste account. } Re: Comm. 756 Intr. by: Mr. Chung Waived: FC ORDER OF THE DAY Bill 83: Amends Chapter 19 of the Hawaii County Code 1983 (1995 Edition), (Draft 3) relating to deferred or Roll Back Tax on the Owner of Agricultural Lands. {Exempts deferred or roll back taxes on agricultural dedicated lands when the authorized government agency changes the land use classification to urban or rural districts or when lots of less than 5 acres are created and the conditions of dedication are continued or have been completed; and ensures that deferred or roll back taxes upon breach of dedication would be up to 10 years fora 10-year dedication and up to 20 years fora 20-year dedication.} Re: Comm. 290.004 Intr. by: Mr. Yagong 1st Reading: April 5, 2000 Deferred: April 19, 2000 Bill 203: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. {Pualani Street/Wikolia Street -four way stop.} Re: Comm. 653 Intr. by: Mr. Yagong 1st Reading: April 19, 2000 Hawaii County Council Page 6 May 3, 2000 Bill 224: Amends Ordinance 99-71, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1999 to June 30, 2000. {Increases the POLICE DEPARTMENT -Microwave Relocation and System Renovation account from $6,960,000 to $8,000,000; funds for this increased appropriation of $1,040,000 shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources accounts ($1,040,000). } Re: Comm. 699 Intr. by: Mr. Chung 1st Reading: April 19, 2000 Bill 226: Amends Section 25-8-2 (North and South Kona Zone Map), Article 8, Draft 2) Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-20a) to Agricultural (A-l0a) at Kaloko, North Kona, Hawaii, covered by Tax Map Key 7-3-26:19. {Morton Associates Holdings, applicant} Re: Comm. 702.001 Intr. by: Ms. Leithead-Todd (B/R) 1st Reading: April 19, 2000 Bill 227: Amends the State Land Use Boundaries Map, H-7 for the County of Hawaii, by changing the district classification from the Agricultural to the Urban District at Kalaoa 4th, North Kona, Hawaii, covered by Tax Map Key 7-3-005:98. {Keven H. and Patricia D. Rinkenbach, applicant} Re: Comm. 703 Intr. by: Ms. Leithead-Todd (B/R) 1st Reading: April 19, 2000 Bill 228: Amends Section 25-8-3 (North Kona District Zone Map), Article 8, {Draft 2) Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-Sa) to Residential (RS-15) at Kalaoa 4th, North Kona, Hawaii, covered by Tax Map Key 7-3-005:98. {Keven H. and Patricia D. Rinkenbach, applicant} Re: Comm. 703.001 Intr. by: Ms. Leithead-Todd 1st Reading: April 19, 2000 Hawaii County Council Page 7 May 3, 2000 Bill 232: Amends Ordinance No. 99-70, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2000. {Appropriates revenues in the State Grants -COPS Alcohol Prevention account by $5,568; and appropriates same to the COPS Alcohol Prevention account. } Re: Comm. 707 Intr. by: Mr. Chung 1st Reading: April 19, 2000 Bill 233: Amends Ordinance 99-70, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2000. {Increases revenues in the Federal Grants - PA-Local Law Enforcement Block Grant account by $99,718; and appropriates same to the Local Law Enforcement Block Grant account. } Re: Comm. 711 Intr. by: Mr. Chung 1 st Reading: April 19, 2000 Bill 234: Amends Ordinance 99-70, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2000. {Increases appropriation in the Federal Grant -Rebuild America account by $8,000; and appropriates same to the Rebuild America account. } Re: Comm. 714 Intr. by: Mr. Chung 1st Reading: April 19, 2000 Hawaii County Council Page 8 May 3, 2000 Bi11236: Amends Ordinance 99-41 of the County of Hawaii adopted on (Draft 2) April 12, 1999, relating to the issuance of general obligation bonds for the purpose of financing various public improvements for the County of Hawaii. {Adds the following projects: Puainako Extension ($3,200,000), Upper Waiakea Stream Flood Control Improvements ($900,000), Paniolo Drive Sidewalk Improvements ($200,000); redirects $4,000,000 in ADA Compliance projects to Dept. of Parks & Recreation -ADA Compliance ($2,000,000) and Dept. of Public Works -ADA Compliance ($2,000,000); and deletes the following projects: Puainako Street Extension ($200,000), Kaumana Drive Improvements ($800,000) and Waianuenue Drive Road & Bikeway Improvements ($2,000,000). } Re: Comm. 719.002 Intr. by: Mr. Chung 1st Reading: April 19, 2000 Bill 241: Amends Ordinance 99-70, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2000. {Increases revenues of $2,209,500 in the following accounts: Federal -Block Grant ($2,201,000) and Block Grant Program Income ($8,500); and appropriates to the following General Fund accounts: Care-A-Van Vehicles ($50,000), Fire Truck -Acquisition ($300,000), Ookala Gym Annex (250,000), Residential Rehab. Program ($300,000), Removal of Architectural Barriers ($909,500), and Administration/Planning/Fair Housing ($400,000).} Re: Comm. 735 Intr. by: Ms. Pisicchio 1st Reading: April 19, 2000 Hawaii County Council Page 9 May 3, 2000 Bill 242: Amends Ordinance 99-70, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2000. {Increases revenues of $1,263,000 in the following accounts: Federal Grants - 2000 Home Program ($963,000) and HOME Program Income ($300,000); and appropriates to the following General Fund accounts: Kurtistown Self-Help Housing (-$135,000), Hualalai Elderly Housing Project ($500,000), Tenant Based Rent Assistance ($460,000), Kea`au Elderly Housing Project ($200,000), Hale Ulu Hoi III -Rehabilitation ($175,000) and OHCD Administration ($63,000).; Re: Comm. 736 Intr. by: Ms. Pisicchio 1st Reading: April 19, 2000 Bill 243: Amends Ordinance 99-70, as amended, the Operating Budget for the County of I-Iawai`i for the Fiscal Year ending June 30, 2000. {Increases revenues in the Transfer From General Fund account by $139,807; and appropriates to the following Golf Course Fund accounts: Golf Course -Salaries & Wages ($129,872) and FICA Employer Share -Golf Course ($9,935).} Re: Comm. 738 Intr. by: Mr. Chung 1st Reading: April 19, 2000 REPORTS FINANCIAL Monthly Financial Status Report for the month ended March 30, 2000. REPORT: Hawaii County Council Page 10 May 3, 2000 HSEDC Rept. 6: The Committee on Human Services and Economic Development (C-468.008) recommends that Communication 468.002 and all related communications be filed. Further, requests the Legislative Auditor's Office draft the following proposed amendments to the Hawaii County Code: 1) Establish the Finance Department as the central repository of all executed real property instruments (leases, rental agreements, licenses, permits, memorandums of agreement; 2) Require the Finance Director to submit an annual tenancy report to the Council that lists all tenants of county property whether by written agreement or not, the type of agreement, the term, the fees, and verification that the tenant has complied with the terms and conditions of any contract; 3) Place the Council at the end of the negotiation process in a manner providing legislative control as found in other counties; and 4) State the minimum conditions that should be included in a written agreement pursuant to a collaborative consultation with the Finance Director, Corporation Counsel, and other personnel who have been involved in county land management. HSEDC Rcpt. 7: The Committee on Human Services and Economic Development (C-667.050) approves the recommendations contained in Communication 667.050, with the proviso that amendments to the funding recommendations proposed by Councilmember Bobby Jean Leithead-Todd, along with any amendments drafted by other Councilmembers, will be prepared in writing and distributed to Councilmembers for their review no later than two days prior to the next meeting of the Hawaii County Council on May 3, 2000; and Comm. 667.054: From Judy Graham, Program Director for Hawaii Island YWCA, dated April 17, 2000. PC Ref t96: The Committee on Planning recommends the approval of the (C-732) appointment of Pamela H. Hons to the Hawaii County Water Commission to serve a term to end on December 31, 2004. Hawaii County Council Page 11 May 3, 2000 REFERRALS FOR EXECUTIVE SESSION (The purpose of the meeting is to consult with Corporation Counsel relating to matters involving potential County liability, as authorized by Sections 92-4 and 92-5, HRS.) Comm. 748: EXECUTIVE SESSION -WILLIAM SILVA, ET. AL., CIVIL NO. 97-622 (RICO) From Assistant Corporation Counsel Ted H.S. Hong, dated April 18, 2000. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS MONDAY, MAY 15, 2000 COUNCIL 9:00 a.m. COUNCILROOM COUNCIL PUBLIC HEARING 5:00 p.m. COUNCILROOM (REAL PROPERTY TAX RATES) TUESDAY, MAY 16, 2000 COMMITTEES TBA COUNCILROOM THURSDAY, MAY 25, 2000 COUNCIL PUBLIC HEARING 6:00 p.m. KONA SURF HOTEL (REAL PROPERTY TAX RATES) KING KAMEHAMEHA BALLROOM THURSDAY, JUNE 1, 2000 COMMITTEES TBA COUNCILROOM FRIDAY, JUNE 2, 2000 COUNCIL 9:00 a.m. COUNCILROOM Hawaii County Council Page 12 May 3, 2000 STATEMENTS FROM THE PUBLIC ADJOURNMENT (Note: B/R, as listed next to the name of an Introducer, signifies that the Councilmember has agreed to introduce legislation "By Request" and on behalf of the requesting party; however, it does not necessarily signify their support of or opposition to the proposal.) The meeting place is accessible for persons with physical disabilities. Persons who need special accommodations to attend this meeting should call 961-8255. Persons using TDDs may call 961-8521. Those desiring to speak on matters listed on the Order of Business must register at the County Clerk's Office prior to the convening of the meeting. Copies 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; and the County Council's Kona Branch Office at 77-6399 Nalani Street, Suite 104, Kailua-Kona, Hawaii 96740. Government Access Television: Hilo (Channel 9); Kona (Channel 12) Wednesday, May 3, 2000, at 6 p.m.; Sunday, May 7, 2000, at 9 a.m.; and Wednesday, May 10, 2000, at 6 p.m.