HomeMy WebLinkAboutAGE COUNCIL 04/06/2005 2004-2006 ACTIONS
GARY SAFARIK JAMES Y. ARAKAKI
STACY K. HIGA
Chairman & Presiding Officer
PETE HOFFMANN
BOB JACOBSON FRED C. HOLSCHUH, M.D.
DONALD IKEDA
Vice Chairman
VIRGINIA ISBELL
K. ANGEL PILAGO
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
9 th Session
ORDER OF BUSINESS
Hawai‘i County Council
Hilo, Hawai‘i
Wednesday, April 6, 2005
9:00 a.m.
INVOCATION Pastor Paul McIlroy of Kea‘au Bible Church
CALL TO ORDER 9:25 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES February 16, 2005 APPROVED
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawai‘i County is an Equal Opportunity Provider and Employer.
Hawai‘i County Council-9 Page 2 April 6, 2005
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND
EXPRESSIONS OF CONDOLENCE
STATEMENTS FROM THE PUBLIC ON COMMS. 151, 151.1, 164, AND 164.1:
Comm. 151: NOMINATES MR. DAVID A. DRURY (COUNCIL DISTRICT 4) TO THE
WATER BOARD BOARD OF APPEALS
From Mayor Harry Kim, dated March 3, 2005, transmitting for Council's
consideration and approval the above nomination;
Waived: PC
APPROVED
and
Comm. 151.1: From Planning Committee Co-Chairs Pete Hoffmann and K. Angel Pilago,
dated March 28, 2005.
Comm. 164: NOMINATES THE FOLLOWING INDIVIDUALS TO THE BOARD OF
ETHICS: MR. KARL K. KAWAHARA (COUNCIL DISTRICT 4) AND
MR. WAYNE JOSEPH (COUNCIL DISTRICT 5)
From Mayor Harry Kim, dated March 10, 2005, transmitting for Council's
consideration and approval the above nominations;
Waived: FC
APPROVED
and
Comm. 164.1: From Corporation Counsel Lincoln S. T. Ashida, dated March 15, 2005.
Comm. 195: NOMINATES A MEMBER AND ALTERNATE TO THE HAWAI‘I STATE
ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE FOR
FISCAL YEAR 2005-2006.
From HSAC Vice President Gary S. Safarik, dated March 23, 2005, recommending
K. Angel Pilago to serve as HSAC's representative and that he will continue to serve
as its alternate.
Waived: PWIRC
APPROVED
Comm. 196: NOMINATES AN ALTERNATE MEMBER TO THE HAWAI‘I STATE
ASSOCIATION OF COUNTIES (HSAC) SPECIAL COMMITTEE ON SOLID
WASTE MANAGEMENT
From Council Chair Gary Safarik, dated March 24, 2005, recommending K. Angel
Pilago to serve as HSAC's alternate to this Committee.
Waived: PWIRC
APPROVED
Hawai‘i County Council-9 Page 3 April 6, 2005
STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS
ORDER OF RESOLUTIONS
Res. 41-05: Extinguishes Utility Easement for the Mt. View-‘Ōla‘a Water System. {The
Department of Water Supply no longer requires the use of the easement due to the
relocation of the pipes that services the system.}
Re: Comm. 93
Intr. by: Mr. Ikeda
Approve: PWIRC-3
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, and Pilago – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Higa and Chair Safarik – 2.
Res. 54-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $9,694.50 out and from Clerk-Council Services –
Contingency Relief account; credits same to Transfer to Improvement
District 18-Kona Wonderview/Coastview account. Funds would absorb the cost of
a miscalculation when three condominium units were counted on a lot where only
two such units existed.}
Re: Comm. 128
Intr. by: Mr. Pilago
Approve: FC-52
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, and Pilago – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Higa and Chair Safarik – 2.
Hawai‘i County Council-9 Page 4 April 6, 2005
Res. 55-05: Requests a Study of the Feasibility of a Waikoloa Curbside Recycling and Trash
Pick-Up Program. {Feasibility analysis would include an implementation plan and
establishment of a scope of services (to begin by October 5, 2005); assessment of
the cost and effectiveness of voluntary and mandatory participation; separation of
the types of recyclable refuse from other types and other refuse; and the role by
private business in implementing the pilot program to collect, store, sell, or transport
recyclable refuse.}
Re: Comm. 133
Intr. by: Mr. Hoffmann
Approve: EMC-6
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, and Pilago – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Higa and Chair Safarik – 2.
Res. 56-05: Authorizes the Payment of Funds of a Later Fiscal Year or of More Than One Fiscal
Year for a Multi-Year Lease (four years) of Real Property. {Renewing the lease
will allow the Department of Parks and Recreation's Kona Elderly Activities office
to continue to stay at its current location for a cost of $4,000/month.}
Re: Comm. 137
Intr. by: Ms. Isbell
Approve: FC-54
ADOPTED:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Res. 58-05: Creates an Architectural Drafting Technician I Position for the Department of Parks
and Recreation. {This position will enable the Department to accomplish much of
the necessary drafting services that is needed and to maintain a current data set of
site plans and floor plans of its sites and facilities.}
Re: Comm. 146
Intr. by: Ms. Isbell
Approve: FC-58
ADOPTED:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Hawai‘i County Council-9 Page 5 April 6, 2005
Res. 59-05: Reallocates and Changes the Time Element of a Recreation Technician II (3/4T)
Position to Recreation Technician III Full Time. {Reallocating and increasing the
time element will allow more recreational activities to be offered during the
evenings and weekends at the Kailua Park Complex.}
Re: Comm. 147
Intr. by: Ms. Isbell
Approve: FC-59
ADOPTED:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Res. 60-05: Authorizes the Office of the Mayor to Enter Into an Agreement with the United
States of America, Pursuant to HRS 46-7, for the Assistance to Firefighters Grant
for the Hawai‘i County Fire Department. {Funds would be used to purchase a
Mobile Live Fire Training Unit to be utilized in basic firefighter training for both
department personnel and volunteer firefighters.}
Re: Comm. 158
Intr. by: Ms. Isbell
Approved: FC-64
ADOPTED:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Res. 62-05: Authorizes the Mayor or His Duly Authorized Representative to Negotiate, Execute
and Submit the Necessary Documents for the Reed's Bay Restoration Project
Special Purpose Grant Application ($248,525) and Other Related Documents to the
U.S. Department of Housing and Urban Development.
Re: Comm. 169
Intr. by: Mr. Hoffmann
Approve: CHA – March 15, 2005
ADOPTED:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-9 Page 6 April 6, 2005
Res. 63-05: Authorizes the Mayor or His Duly Authorized Representative to Negotiate, Execute
and Submit the Necessary Documents for the Kona Homeless Shelter Project
Special Purpose Grant Application ($670,613) and Other Related Documents to the
U.S. Department of Housing and Urban Development.
Re: Comm. 170
Intr. by: Mr. Hoffmann
Approve: CHA – March 15, 2005
ADOPTED:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 72-05: Authorizes the Mayor to Enter Into an Agreement with C. Brewer and Company,
Limited, a Hawai‘i Corporation, for the Acceptance of Three Hundred and Fifty
Thousand Dollars ($350,000) and the Donation of Land Identified by
TMK: (3)9-6-002-024 in Pāhala, and TMK: (3) 9-5-024-011 in Na‘alehu for the
Creation of New Community Sewer Systems for Pāhala and Na‘alehu, District of
Kā‘u, County of Hawai‘i.
Re: Comm. 198
Intr. by: Mr. Jacobson
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-9 Page 7 April 6, 2005
BILLS FOR ORDINANCES (FIRST READING)
Bill 47: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements
and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005.
{Adds PARKS AND RECREATION: Waikoloa – Ho‘oko Street Park
($200,000); funds to be provided from General Obligation Bonds, Capital
Projects Fund – Fund Balance and/or Other Sources ($200,000). Additional
funds to enable power to be supplied to the park to provide both functional and
security lighting for the new pavilion, restrooms and parking lot that were in
the original contracted scope of work.}
Re: Comm. 143
Intr. by: Ms. Isbell
Approve: FC-55
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Bill 48: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements
and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005.
{Adds ENVIRONMENTAL MANAGEMENT: Queen Lili‘uokalani Large
Capacity Cesspool Replacement ($500,000); funds to be provided from
General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other
Sources ($500,000). Increases the existing project's appropriation for the
design in order to connect the Queen Lili‘uokalani subdivision, which is
currently serviced by large capacity cesspools, to the County sewer system via
Kealaka‘a Street and Kealakehe Parkway.}
Re: Comm. 144
Intr. by: Ms. Isbell
Approve: FC-56
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-9 Page 8 April 6, 2005
Bill 49: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements
and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005.
{Adds ENVIRONMENTAL MANAGEMENT: Honokohau Harbor Effluent
Reuse – County ($400,000) and Honokohau Harbor Effluent Reuse – State
Revolving Funds ($2,600,000); funds to be provided from General Obligation
Bonds ($400,000) and State Revolving Funds ($2,600,000). Funds to be used
to install an effluent reuse line from the Honokohau Harbor to Henry Street in
conjunction with the State Department of Transportation's Queen Ka‘ahumanu
Widening Project.}
Re: Comm. 145
Intr. by: Ms. Isbell (B/R)
Approve: FC-57
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 50: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the
County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Increases
revenues in Transfer from General Fund ($12,500); appropriates same to North
and South Kohala Road Other Current Expense (Ho‘oko Road Sidewalk
Improvement). On February 28, 2005, the Finance Committee amended
Bill 40 to appropriate these funds for this project.}
Re: Comm. 148
Intr. by: Ms. Isbell
Approve: FC-60
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Hawai‘i County Council-9 Page 9 April 6, 2005
Bill 51: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the
County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Increases
revenues in Transfer from General Fund ($50,000); appropriates same to
Recycling Program (Waikoloa Village Curbside Recycling Program Study).
On February 28, 2005, the Finance Committee amended Bill 40 to appropriate
these funds for this project.}
Re: Comm. 149
Intr. by: Ms. Isbell
Approve: FC-61
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Bill 52: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the
County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Appropriates
revenues in Fund Balance Reserved for Liquor Control ($23,450); appropriates
to Liquor Control – Other Current Expense ($2,000), Liquor Control –
Equipment ($16,450), and Public Programs ($5,000), for a total of $23,450.
Funds would be used to purchase a sound level meter and an I.D. digital
camera system; to contract with a vendor to install a fiber optic connection to
the County's Local Area Network; and to conduct programs to promote
compliance to liquor laws.}
Re: Comm. 155
Intr. by: Ms. Isbell
Approve: FC-62
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Hawai‘i County Council-9 Page 10 April 6, 2005
Bill 53 Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements
(Draft 2): and Financing Thereof for the Fiscal Year July 1, 2004, to June 30, 2005.
{Adds PARKS AND RECREATION: Coastal Land Acquisition at Honu‘apo
($500,000); funds to be provided from General Obligation Bonds, Capital
Projects Fund – Fund Balance and/or Other Sources ($500,000). This will
allow the County to help preserve coastal open space, enhance public access to
recreational areas, and provide for continued cultural practices.};
Re: Comm. 156.1
Intr. by: Mr. Jacobson
Approve: FC-63
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
ST
PASSED 1 READING:
AYES: Council Members Higa, Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Safarik – 8.
NOES: Council Member Arakaki – 1.
ABSENT & EXCUSED:None.
and
Comm. 156.2: From Roy and Ola Kochis, dated March 25, 2005; and
Comm. 156.3: From Denise Kocek, dated March 26, 2005.
Bill 54: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition),
Relating to Vehicles and Traffic. {Adds permanent "No Parking" signs to the
four temporary loading zones along Ali‘i Drive and starts a new 90-day period,
which will end on June 15, 2005.};
Re: Comm. 157
Intr. by: Mr. Ikeda
Approve: PWIRC-4
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 9.
NOES: None.
ABSENT & EXCUSED:None.
and
Comm. 157.1: From Public Works Director Bruce C. McClure, P.E., dated March 17, 2005; and
Comm. 157.2: From Public Works Director Bruce C. McClure, P.E., dated March 22, 2005.
Hawai‘i County Council-9 Page 11 April 6, 2005
Bill 55: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the
County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Appropriates
revenues in Federal Grants – Assistance to Firefighters ($301,000);
appropriates same to Assistance to Firefighters.}
Re: Comm. 158
Intr. by: Ms. Isbell
Approve: FC-65
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Bill 58: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the
County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Increases
revenues in Federal Grant – Special Purpose Grant Kona Homeless Shelter
($670,613) and Federal Grant – Special Purpose Grant Reed's Bay Restoration
($248,525), for a total of $919,138; appropriates to Kona Homeless Shelter
($670,613) and Reed's Bay Restoration ($248,525), for a total of $919,138.}
Re: Comm. 168
Intr. by: Mr. Hoffmann
Approve: CHA – March 15, 2005
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-9 Page 12 April 6, 2005
Bill 72: Amends Chapter 3, Article 2 of the Hawai‘i County Code, Relating to
Advertising and Signs. {Corrects inadvertent drafting errors found in
Ordinance 04-142, which repealed the old Article 1 and added a new Article 1.
While the County Council also intended to enact a new Article 2, relating to
Kailua Village Signs, the ordinance failed to include a provision repealing the
then-existing Article 2. Therefore, to avoid any ambiguity, this measure
repeals Sections 3-51 through 3-78 of the older Article 2 as well as
Sections 3-49 through 3-62 of the recently adopted Article 2. It then re-enacts
the provisions of the new Article 2 that the 2004 Council intended to enact
(Sections 3-49 through 3-62). This measure does not affect Article 1, which
was correctly drafted and adopted.}
Re: Comm. 191
Intr. by: Mr. Ikeda
Waived: PWIRC
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 36: Names a County Recreational Facility (TMK: (3) 1-5-63:01) Pursuant to Chapter 15,
Hawai‘i County Code 1983 (1995 Edition). {Names a County parcel located in the
Hawaiian Beaches area of Puna at the end of Kahakai Boulevard "Kahakai Park".}
Re: Comm. 115
Intr. by: Mr. Safarik
st
1 Reading: March 16, 2005
nd
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Bill 37: Amends Chapter 2, Article 15, Subsection 2-91.1(d), Hawai‘i County Code 1983 (1995
Edition) Relating to Financial Disclosure Forms. {Eliminates the requirement for a
short form Financial Disclosure Form.}
Re: Comm. 116
Intr. by: Ms. Isbell
st
1 Reading: March 16, 2005
nd
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Hawai‘i County Council-9 Page 13 April 6, 2005
Bill 38: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds PUBLIC
WORKS: Hilo Bay Modeling ($250,000); funds to be provided from General
Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources
($250,000). Project involves the development of a computer model of Hilo Bay that
can be used to investigate the viability and effectiveness of modifications to the Hilo
Breakwater or other alternatives that will improve the water quality and circulation of
Hilo Bay as well as evaluate impacts of the alternatives to Hilo Bay's shipping lines,
port operations, shoreline/beaches and Bayfront Highway.}
Re: Comm. 119
Intr. by: Ms. Isbell
st
1 Reading: March 16, 2005
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
nd
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Bill 39 Amends Ordinance No. 99-41 of the County of Hawai'i Adopted on April 12,
(Draft 3): 1999, as Amended by Ordinance No. 00-56 Adopted on May 17, 2000, as
Amended by Ordinance No. 04-61 Adopted onMay 27, 2004, Relating to the
Issuance of General Obligation Bonds for the Purpose of Financing Various Public
Improvements for the County of Hawai‘i. {Bond Ordinance No. 99-41 restricted
the use of bond proceeds to specific projects and amounts noted within the text of
the ordinance. The projects identified for funding did not always match with
actual projects that were ready to go forward resulting in some bond proceeds,
which should have been spent within three years, still remaining unspent.
Presently, the County has CIP projects, which are in progress or ready to start, but
are lacking funds. Recommends allowing use of the remaining funds for any
appropriated projects, without the restriction of having to be listed within the
ordinance, in order to expedite the completion of current projects and the use of
bond money. Draft 3 corrects a typographical error to include the word "and" on
Page 3.}
Re: Comm. 120.2
Intr. by: Ms. Isbell
st
1 Reading: March 16, 2005
nd
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Hawai‘i County Council-9 Page 14 April 6, 2005
Bill 40 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County
(Draft 4): of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Increases revenues in Fund
Balance From Previous Year ($1,767,250); appropriates to the following: Clerk-
Council Services – Other Current Expense ($42,000), Finance Administration –
Other Current Expense ($200,000), Accounts Division – Salaries and Wages
($18,000), Treasury Division – Other Current Expense ($46,750), Planning –
Salaries and Wages ($12,000), Civil Service – Salaries and Wages ($32,000),
Research and Development – Hawai‘i County Resource Center ($40,000),
Automotive Division – Other Current Expense ($300,000), Fire Protection – Other
Current Expense ($40,000), Parks Administration – Salaries and Wages ($9,000),
Parks Maintenance – Equipment ($30,000), Parks Pana‘ewa Zoo Other Current
Expense ($25,000), Transfer to Sewer Fund ($20,000), Transfer to Capital Projects
Fund ($545,000), Employee Health Plans ($300,000), Solid Waste Fund ($50,000),
Transfer to Highway Fund ($57,500), for a total of $1,767,250. Administration
met with Members of the Council to inform them of needed priorities and to gather
input on remaining allotment of the fund balance. Draft 4 amendments are as
follows: 1) R&D-Hawai‘i County Resource Center for Districts 3 and 4 for
$10,000 and $30,000, respectively; 2) P&R-Pana‘ewa Zoo Other Current Expense
for a Monkey Display; 3) Transfer to Sewer Fund for the design and contract for a
community septic system for 9-1/2 mile camp (030.631.5631.02.115); 4) Transfer
to Highway Fund for streetlights (020.281.5281.32.115) in Districts 3 and 4 for
$20,000 and $25,000, respectively; and 5) Transfer to Capital Projects Fund, which
purpose was revised by appropriating $75,000 to Laupāhoehoe Boat Ramp Repairs
(110.599.5593.90), $20,000 to the Lincoln Park Improvements and reducing the
appropriation to repairs and renovation of the County Building to $450,000.};
Re: Comm. 121.7
Intr. by: Ms. Isbell (B/R)
st
1 Reading: March 16, 2005
and
Comm. 121.8: From Finance Committee Chair Virginia Isbell, dated March 28, 2005,
transmitting Bill 40, Draft 5. Draft 5 amendments are as follows: 1) Legislative
Contingency Relief, transfers $75,000 for Districts 2, 5, 6, 7, 8, and 9; and
2) Transfer to Capital Projects Fund, which purpose is revised by eliminating the
appropriation to repairs and renovation of the County Building. The proposal to
move these monies into Contingency Relief is being made in anticipation of
anticipated transfers for Council designated projects; and
Bill 40 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County
(Draft 5): of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Increases revenues in Fund
Balance From Previous Year ($1,767,250); appropriates to the following: Clerk-
Council Services – Other Current Expense ($42,000), Legislative – Contingency
Relief ($450,000), Finance Administration – Other Current Expense ($200,000),
Accounts Division – Salaries and Wages ($18,000), Treasury Division – Other
Current Expense ($46,750), Planning – Salaries and Wages ($12,000), Civil
Service – Salaries and Wages ($32,000), Research and Development – Hawai‘i
County Resource Center ($40,000), Automotive Division – Other Current Expense
($300,000), Fire Protection – Other Current Expense ($40,000), Parks
Administration – Salaries and Wages ($9,000), Parks Maintenance – Equipment
Hawai‘i County Council-9 Page 15 April 6, 2005
($30,000), Parks Pana‘ewa Zoo – Other Current Expense ($25,000), Transfer to
Sewer Fund ($20,000), Transfer to Capital Projects Fund ($95,000), Employee
Health Plans ($300,000), Solid Waste Fund ($50,000), Transfer to Highway Fund
($57,000), for a total of $1,767,250.
Intr. by: Ms. Isbell (B/R)
nd
AMENDED TO DRAFT 6 & PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 41: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds
PUBLIC WORKS: Encapsulated Asbestos Removal and Air Conditioning
Upgrade at County Building ($1,500,000); funds to be provided from General
Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources
($1,500,000). Funds would be used to remove encapsulated asbestos from existing
roof trusses as well as asbestos that migrated from the roof trusses to the first floor
ceiling space of the County Building; replace all air conditioning air handler units
with new energy efficient units along with the cleaning and insulating of existing
air conditioning duct work; and replace existing ceiling tiles with new ones.}
Re: Comm. 122
Intr. by: Ms. Isbell
st
1 Reading: March 16, 2005
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
nd
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Bill 44: Amends Chapter 15 of the Hawai‘i County Code 1983 (1995 Edition), Regarding
Parks and Recreation. {Allows the Council to name open areas after a person or
persons.}
Re: Comm. 127
Intr. by: Mr. Higa
st
1 Reading: March 16, 2005
nd
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson, and Pilago – 8.
NOES: None.
ABSENT & EXCUSED:Chair Safarik – 1.
Hawai‘i County Council-9 Page 16 April 6, 2005
Bill 45: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County
of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Increases revenues in
Block Grant Program Income ($20,502.63); appropriates same to Removal of
Architectural Barriers.}
Re: Comm. 141
Intr. by: Mr. Hoffmann
st
1 Reading: March 16, 2005
nd
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson Pilago, and Chair Safarik – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 46: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County
of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Increases revenues in
HOME – Program Income ($42,217.21); appropriates to 2020 Kino‘ole Senior
Residences ($37,995.49) and Office of Housing and Community Development
Administration ($4,221.72), for a total of $42,217.21.}
Re: Comm. 142
Intr. by: Mr. Hoffmann
st
1 Reading: March 16, 2005
nd
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson Pilago, and Chair Safarik – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 56: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County
of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in
Healing Our Island ($100,000), Adolescent Drug Prevention Program ($380,000),
Community Anti-Drug Effort Account ($100,000), Hawai‘i County Resource
Center Anti-Drug Fund ($50,000), for a total of $630,000; appropriates to the
following: Healing Our Island ($100,000), Adolescent Drug Prevention Program
($380,000), Community Anti-Drug Effort Account ($100,000), Hawai‘i County
Resource Center Anti-Drug Fund ($50,000), for a total of $630,000.}
Re: Comm. 160
Intr. by: Ms. Isbell
st
1 Reading: March 16, 2005
nd
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Jacobson Pilago, and Chair Safarik – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-9 Page 17 April 6, 2005
Bill 355 Amends the State Land Use Boundaries Map, H-65 for the County of Hawai‘i,
(2002-2004): by Changing the District Classification from the Agricultural to the Urban
District at Makahanaloa, South Hilo, Hawai‘i, Covered by Tax Map
Key 2-8-8:103, Por. 104, Por. 95, and Por. 3 (approx. 4.182 acres).
{Continental Pacific, LLC, Applicant.}
Re: Comm. 821
Intr. by: Mr. Elarionoff
st
1 Reading: February 16, 2005
Postponed: March 1, 2005
nd
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Pilago, and Chair Safarik – 8.
NOES: Council Member Jacobson – 1.
ABSENT & EXCUSED:None.
Bill 356 Amends Section 25-8-35 (Pepe‘ekeo Zone Map), Article 8, Chapter 25
(2002-2004): (Zoning Code) of the Hawai‘i County Code, by Changing the District
Classification from Village Commercial (CV-10), Limited Industrial (ML-20),
and General Industrial (MG-5a) to Single Family Residential (RS-20) and from
Agricultural (A-20a) to Limited Industrial (ML-20) at Makahanaloa, South
Hilo, Hawai‘i, Covered by Tax Map Key 2-8-8:103, Por.104, Por. 95, and
Por. 3 (Area: Parcel A – approx. 1.194 acres; Parcel B – approx. 1.462 acres;
Parcel C – approx. 6.64 acres; Parcel D – approx. 4.182 acres; Total: approx.
13.478 acres). {Continental Pacific, LLC, Applicant.};
Re: Comm. 821
Intr. by: Mr. Elarionoff
st
1 Reading: February 16, 2005
Postponed: March 1, 2005
nd
AMENDED TO DRAFT 2 & PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh,
Ikeda, Isbell, Pilago, and Chair Safarik – 8.
NOES: Council Member Jacobson – 1.
ABSENT & EXCUSED:None.
and
Comm. 92.22: From Claudia Rohr, dated February 17, 2005; and
Comm. 92.23: From Council Member Virginia Isbell, dated February 22, 2005; and
Comm. 92.28: From Claudia Rohr, dated February 22, 2005; and
Comm. 92.29: From Planning Director Christopher J. Yuen, dated February 22, 2005; and
Comm. 92.30: From County Clerk Constance R. Kiriu, dated February 25, 2005; and
Comm. 92.31: From Claudia J. Rohr, undated; and
Comm. 92.32: From Claudia Rohr, undated; and
Comm. 92.33: From Pepe‘ekeo Community Association President Lorraine Mendoza, dated
March 1, 2005; and
Comm. 92.34: From Pepe‘ekeo Filipino Association President Rosita Cabatu, dated March 1,
2005; and
Comm. 92.35: From Claudia Rohr, dated February 25, 2005.
Hawai‘i County Council-9 Page 18 April 6, 2005
REPORTS
FINANCIAL Monthly Financial Status Report from the Department of Finance for the
REPORT: Month Ended February 28, 2005.
APPROVED
FC-53 Recommends approval of three awards pedestals to the Parks and Recreation
(Comm. 136): Department to be used for aquatic events' awards ceremonies from the Kona
Dolphins Swim Club (total estimated value of $1,500).
APPROVED
PC-11 Recommends approval of the nomination of Mr. Joel Gimpel (Council
(Comm. 151): District 8) to the Board of Appeals.
APPROVED
PC-12 Recommends approval of the nominations of the following individuals to the
(Comm. 153): Water Board: Ms. Millie Kim (Council District 1), Ms. Paula Z. Helfrich
(Council District 3), and Mr. Riley W. Smith (Council District 9).
APPROVED
EMC-5 Recommends approval of the nomination of Mr. William J. Sanborn (Council
(Comm. 152): District 9) to the Environmental Management Commission.
APPROVED
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. Note: 2/3 Vote – Pursuant to
§92-4, HRS, and Rule 12 of Rules of Procedure of the County Council.)
Comm. 73.1: ELEANOR QUIOCHO VS. COUNTY OF HAWAI‘I, ET AL. – CIVIL
NO. 02-1-0306; PAULYN ESTIOKO, ET AL. VS. COUNTY OF HAWAI‘I, ET AL. –
CIVIL NO. 02-1-0307; MARGARET PARONG, ET AL. VS. COUNTY OF
HAWAI‘I, ET AL. – CIVIL NO. 02-1-0308; SHERMAN WASSMAN VS. COUNTY
OF HAWAI‘I, ET AL. – CIVIL NO. 02-1-0310.
From Deputy Corporation Counsel Harry P. Freitas, dated March 28, 2005.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Hawai‘i County Council-9 Page 19 April 6, 2005
Comm. 162: WES HICKS VS. COUNTY OF HAWAI‘I, ET AL., CIVIL NO. 03-1-0288
From Deputy Corporation Counsel Harry P. Freitas, dated March 8, 2005.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 197: REQUEST FOR EXECUTIVE SESSION BRIEFING ON HOKULI‘A LITIGATION
From Council Member Fred C. Holschuh, dated February 28, 2005.
POSTPONED TO THE NEXT COUNCIL MEETING
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
AMENDED AGENDA TO ADD THE FOLLOWING:
ORGANIZATION OF THE COUNCIL
APPROVED: STACY HIGA AS COUNCIL CHAIRMAN AND
VIRGINIA ISBELL AS COUNCIL VICE-CHAIR.
ANNOUNCEMENTS
TUESDAY, APRIL 12, 2005
PLANNING COMMITTEE SITE 3:30 p.m. KUAKINI HIGHWAY MAKAI,
VISIT RE BILLS 29 AND 30; KAILUA-KONA
AND BILLS 31 AND 32
PLANNING COMMITTEE 6:00 p.m. KING KAMEHAMEHA'S
PUBLIC HEARING RE KONA BEACH HOTEL
BILLS 29 AND 30; AND
BILLS 31 AND 32
TUESDAY, APRIL 19, 2005
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, APRIL 20, 2005
COUNCIL 9:00 a.m. COUNCIL ROOM
Hawai‘i County Council-9 Page 20 April 6, 2005
TUESDAY, MAY 3, 2005
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, MAY 4, 2005
COUNCIL 9:00 a.m. COUNCIL ROOM
STATEMENTS FROM THE PUBLIC/ADJOURNMENT 4:34 p.m.
(Note: B/R, as listed next to the name of an Introducer, signifies that the Council Member 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 by April 4, 2005. Persons using TDDs may
call 961-8521. Copies may be viewed at the Hawai‘i County Services Office at 75-5706 Kuakini Highway,
Suite 103, Kailua-Kona, Hawai‘i 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo,
Hawai‘i 96720; and the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place,
Suite 109, Kailua-Kona, Hawai‘i 96740.
Note: Videoconference from the Kona Mayor's Office is available for this meeting.
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
sixteen (16)
should bring copies of the testimony for distribution at the meeting. Those testifying by
videoconference from the Mayor’s Office in Kailua-Kona, located at Hanama Place, 75-5706 Kuakini Hwy.,
Suite 103, 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 e-mail to counciltestimony@co.hawaii.hi.us. 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.
Government Access Television: Channel 52 (Hilo and Kona) Wednesday, April 13, 2005, at 6 p.m.;
Sunday, April 17, 2005, at 10:30 a.m.; and Wednesday, April 20, 2005, at 6 p.m.
(Hawai‘i Tribune Herald – April 3, 2005)
(West Hawai‘i Today – April 3, 2005)