Loading...
HomeMy WebLinkAboutAGE COUNCIL 02/02/2005 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 5 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, February 2, 2005 9:00 a.m. INVOCATION Reverend Frances Wiebenga, Hilo United Methodist Church CALL TO ORDER 9:14 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES December 6 and 21, 2004 - 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-5 Page 2 February 2, 2005 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 31-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $17,000 out and from Clerk-Council Services Salaries and Wages – Regular Salaries and Wages account; credits same to Clerk-Council Services Salaries and Wages - Overtime Salaries and Wages account. Deficiency in the Overtime account is due to personnel shortage as well as staff working on inputting and scanning old documents starting from 1998 and working backwards.} Re: Comm. 65 Intr. by: Ms. Isbell Approve: FC-28 ADOPTED: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. Res. 32-05: Authorizes the Acceptance of a Monetary Donation of $200 to the Hawai‘i County Fire Department donated by Jeffrey A. Griffin. {Funds to be used towards the Hawai‘i County Fire Department's safety incentive award program.} Re: Comm. 69 Intr. by: Ms. Isbell Approve: FC-30 ADOPTED: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. Hawai‘i County Council-5 Page 3 February 2, 2005 Res. 33-05: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawai‘i Department of the Attorney General, Crime Prevention and Justice Assistance Division, Pursuant to HRS 46-7, for the Safe Coordinators Grant. {Funds to be used to improve Hawai‘i County's ability to respond to violent sex crimes against women and to improve forensic examination services provided to the victims of sexual assault islandwide.} Re: Comm. 71 Intr. by: Ms. Isbell Approve: FC-32 ADOPTED: AYES: Council Members Arakaki, Higa, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 9. NOES: None. ABSENT & EXCUSED:None. Res. 37-05: Transfers/appropriates an Appropriation Out and From the Designated Fund Accounts and Credits Same to Designated Fund Accounts. {Transfers/appropriates $27,000 out and from Clerk-Council Services – Contingency Relief account; credits $7,000 to Public Works Administration Other Current Expense – Miscellaneous Contract Services and $20,000 to Office of Management – Other Current Expense – Miscellaneous Contract Services, for a total of $27,000. Funds to be used for gate security for the Kealakehe Connector Road and to hire professional security.} Re: Comm. 85 Intr. by: Mr. Safarik 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-5 Page 4 February 2, 2005 BILLS FOR ORDINANCES (FIRST READING) Bill 2: Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Open (O) to Family Agricultural (FA-2a) at Kapoho, Puna, Hawai‘i, Covered by Tax Map Key 1-4-73:1 (approx. 4.861 acres). {Mark Dziatko and Fay Machielse, Applicant.} Re: Comm. 8 Intr. by: Mr. Elarionoff Approve: PC-4 ST PASSED 1 READING: AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 7. NOES: None. ABSENT & EXCUSED:Council Members Arakaki and Higa – 2. Bill 18 Amends Chapter 20, of the Hawai‘i County Code 1983 (1995 Edition), (Draft 3): Relating to Refuse Fee Schedule. {Allows for more accuracy in charging for costs incurred by the Solid Waste Division in providing necessary services to divert organics from our landfills.}; Re: Comm. 51.2 Intr. by: Mr. Jacobson Approve: EMC-4 Postponed: January 21, 2005 and Comm. 51.3: From Environmental Management Director Barbara Bell, dated January 14, 2005, transmitting Bill 18, Draft 4. Draft 4 adds language in Section 20-49(C)(2)(C) clarifying why greenwaste and organics must be separated; and Bill 18 Amends Chapter 20, of the Hawai‘i County Code 1983 (1995 Edition), (Draft 4): Relating to Refuse Fee Schedule; Intr. by: Mr. Jacobson Postponed: January 21, 2005 ST AMENDED TO DRAFT 5 & PASSED 1 READING: AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 7. NOES: None. ABSENT & EXCUSED:Council Members Arakaki and Higa – 2. and Comm. 51.4: From Council Member Virginia Isbell, dated January 18, 2005; and Hawai‘i County Council-5 Page 5 February 2, 2005 Comm. 51.5: From Environmental Management Director Barbara Bell, dated January 24, 2005. (Note: There is a pending motion by Mr. Jacobson and duly seconded by Ms. Isbell to approve Bill 18, Draft 3; and a pending motion by Mr. Jacobson and duly seconded by Ms. Isbell to amend Bill 18, Draft 3, with Bill 18, Draft 4, which was circulated at the January 21, 2005, Council meeting.) Bill 21: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Agricultural 1-Acre (A-1a) to Single Family Residential - 15,000 Square Feet (RS-15) at Kealakehe Homestead Lots, North Kona, Hawai‘i, Covered by Tax Map Key 7-4-4:80-83 (approx. 4.006 acres). {Ho‘awe LLC, Applicant.}; Re: Comm. 64 Intr. by: Mr. Pilago and Mr. Hoffmann Negative: PC-5 NOT APPROVED and Comm. 64.2: From Pamela L. Harlow, Planner/Project Manager of SSFM International, Inc., dated January 24, 2005, withdrawing Bill 21 (on behalf of the applicant). Bill 22: 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 Contribution from Private Source ($200); appropriates same to Fire Protection – Other Current Expense.} Re: Comm. 69 Intr. by: Ms. Isbell Approve: FC-31 ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Higa – 1. Hawai‘i County Council-5 Page 6 February 2, 2005 Bill 24: 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 – Sexual Assault Forensic Examiners Coordinators Grant ($66,443); appropriates same to Sexual Assault Forensic Examiners Coordinators Grant.} Re: Comm. 71 Intr. by: Ms. Isbell Approve: FC-33 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 27: Amends Chapter 19, Article 8, Section 19-60, of the Hawai‘i County Code 1983 (1995 Edition), Relating to Commercial Agricultural Use Dedication. {Allows for a one-time extension for filing of commercial agricultural use dedication for the 2005-2006 tax year to accommodate the end of the year passage of Ordinance No. 04-143.} Re: Comm. 84 Intr. by: Ms. Isbell Waived: FC 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 365 Amends the State Land Use Boundaries Maps, H-14 and H-25 for the County (2002-2004): of Hawai‘i, by Changing the District Classification from the Agricultural to the Rural District at Ouli, South Kohala, Hawai‘i, Covered by Tax Map Key 6-2-11:9 (approx. 5.0067 acres). {Arthur and Diane Maher, Applicant.} Re: Comm. 847 Intr. by: Mr. Elarionoff Approve: PC-122 Deferred: December 21, 2004 STnd PASSED 1 READING (NOTE: 2 READING SCHEDULED FOR 3-1-05): AYES: Council Members Arakaki, Higa, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: Council Member Hoffmann – 1. ABSENT & EXCUSED:None. (Note: There is a pending motion by Mr. Jacobson and duly seconded by Ms. Isbell to approve Bill 365.) Hawai‘i County Council-5 Page 7 February 2, 2005 Bill 366 (Draft 2) Amends Section 25-8-7 (North and South Kohala Districts Zone Map), (2002-2004): Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawai‘i, Covered by Tax Map Key 6-2-11:9 (approx. 5.0067 acres). {Arthur and Diane Maher, Applicant.} Re: Comm. 847.1 Intr. by: Mr. Elarionoff Approve: PC-123 Deferred: December 21, 2004 STnd PASSED 1 READING (NOTE: 2 READING SCHEDULED FOR 3-1-05): AYES: Council Members Arakaki, Higa, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: Council Member Hoffmann – 1. ABSENT & EXCUSED:None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 15: 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: New Open Covered Structure with Water Cleaning System (South Kohala Automotive Shop) ($190,000); funds to be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or other Sources ($190,000). Funds to be used to construct a new open covered structure and installing a water cleaning system at the South Kohala Automotive Shop to meet the EPA and Department of Health Clean Water Act requirements.} Re: Comm. 48 Intr. by: Ms. Isbell st 1 Reading: January 21, 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, Pilago, and Chair Safarik – 9. NOES: None. ABSENT & EXCUSED:None. Hawai‘i County Council-5 Page 8 February 2, 2005 Bill 16: Amends Chapter 20, of the Hawai‘i County Code 1983 (1995 Edition), Relating to Refuse Fee Schedule. {Clarifies who may formally waive solid waste disposal fees and when to effectively support and encourage clean-up activities by nonprofit organizations and community groups.} Re: Comm. 49 Intr. by: Mr. Jacobson st 1 Reading: January 21, 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 17: Amends Chapter 2, Article 40, of the Hawai‘i County Code 1983 (1995 Edition), Relating to Department of Environmental Management. {Allows an avenue for appeals to decisions made by the Department Director to be heard by the Environmental Management Commission and provides a uniform enforcement process.} Re: Comm. 50 Intr. by: Mr. Jacobson st 1 Reading: January 21, 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 25 Amends Chapter 11 of the Hawai‘i County Code 1983 (1995 Edition), to (Draft 3): Revise the Affordable Housing Policy for the County of Hawai‘i. {Establishes by law an affordable housing policy in furtherance of the Hawai‘i County general plan's goals and policies.}; Re: Comm. 72.6 Intr. by: Mr. Hoffmann st 1 Reading: January 21, 2005 nd PASSED 2 & FINAL 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. 72.5: From Timothy W. Bates, dated January 21, 2005. Hawai‘i County Council-5 Page 9 February 2, 2005 Bill 163 (Draft 5) Adopts the County of Hawai‘i General Plan and Repealing Ordinance (2000-2002): No. 89-142, as Amended. {As required by the Hawai‘i County Charter, the County Council in 1971, adopted by ordinance a General Plan which set forth the Council's policy for long range comprehensive physical development for the County. The General Plan also required five and ten year comprehensive reviews and updates to maintain the Plan's dynamism and flexibility to accommodate major changes and trends within the County. This bill proposes numerous amendments to the General Plan as part of the current comprehensive review, including revisions to the following elements and components: Economic, Energy, Environmental Quality, Flooding and Other Natural Hazards, Historic Sites, Natural Beauty, Natural Resources and Shoreline, Housing, Public Facilities, Public Utilities, Recreation, Transportation, Land Use, the Plan's Introduction, Plan Implementation and Amendment Procedures. This bill also proposes amendments to (1) the Facilities Maps and (2) the Land Use Pattern Allocation Guide Maps, which are the graphic expressions of the General Plan policies, particularly those relating to land uses. In order to make amendments to the General Plan, this bill repeals Ordinance No. 89-142 (1989 General Plan) and replaces it in its entirety. (Draft 5 retains the LUPAG map designation of the 1989 general plan for Puueo mauka (deleting the proposed change at B13 in Draft 4); and makes a number of technical changes, such as fixing the cover page and pagination, specifically identifying the ordinances to be repealed, replacing the term "extensive agricultural land" with the term "extensive agriculture" and including all maps.)} Re: Comm. 42.73 Intr. by: Mr. Pilago and Mr. Hoffmann st 1 Reading: January 21, 2005 nd AMENDED TO DRAFT 6 & PASSED 2 & FINAL READING: AYES: Council Members Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 7. NOES: Council Members Arakaki and Holschuh – 2. ABSENT & EXCUSED:None. Hawai‘i County Council-5 Page 10 February 2, 2005 Bill 368 Amends Chapter 18, of the Hawai‘i County Code 1983 (1995 Edition), (2002-2004): Relating to Public Transportation. {Increases the initial taxi meter "drop" rate from $2 to $3 and increases the charge per 1/8 mile of travel from $.25 to $.30.} Re: Comm. 849 Intr. by: Mr. Chung st 1 Reading: January 21, 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. REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ended December 31, 2004. APPROVED FC-27 Recommends approval to extend the existing special counsel contract of the (Comm. 62): law association of Pinao and Ono for the purpose of providing services to the Department of Civil Service, Safety Division. APPROVED FC-29 Recommends approval of the donation of $7,000 from Ms. Virginia Isbell to (Comm. 68): the Hawai‘i County Council to be used towards the Kona reception held on December 21, 2004. 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.) OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawai‘i County Council-5 Page 11 February 2, 2005 ANNOUNCEMENTS TUESDAY, FEBRUARY 15, 2005 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, FEBRUARY 16, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM MONDAY, FEBRUARY 28, 2005 COMMITTEES TBA COUNCIL ROOM TUESDAY, MARCH 1, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM STATEMENTS FROM THE PUBLIC/ADJOURNMENT 2:45 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 January 31, 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 should bring fifteen 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, February 9, 2005, at 6 p.m.; Sunday, February 13, 2005, at 10:30 a.m.; and Wednesday, February 16, 2005, at 6 p.m.