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HomeMy WebLinkAboutAGE COUNCIL 12/21/2004 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 2 nd Session ORDER OF BUSINESS Hawai‘i County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawai‘i Tuesday, December 21, 2004 9:00 a.m. INVOCATION Reverend Tullos Jones of the Kona Baptist Church CALL TO ORDER 9:05 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (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-2 Page 2 December 21, 2004 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. 270-04 Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One (2002-2004): Fiscal Year for Six (6) Truck Tractors. {The Solid Waste Division needs replacement equipment for three truck tractors which have high mileage, are incurring major repairs, and are approaching the end of their useful life; and also needs three additional truck tractors to manage the increased quantities of solid waste and to maintain compliance with State and Federal regulations governing solid waste management for a leasing period of five years.} Re: Comm. 851 Intr. by: Mr. Chung Approve: FC-350 ADOPTED: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. Res. 271-04 Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One (2002-2004): Fiscal Year for Two (2) Refuse Trailers. {The Solid Waste Division needs the additional trailers to manage the increased quantities of solid waste and to support the proposed South Kona/Ka‘u transfer station for a leasing period of five years.} Re: Comm. 852 Intr. by: Mr. Chung Approve: FC-351 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-2 Page 3 December 21, 2004 Res. 272-04 Creates Twenty (20) Police Officer I (Temporary) Positions for the Hawai‘i County (2002-2004): Police Department. {Creation of these positions will alleviate the cumbersome tasks of temporarily downgrading the Police Officer II positions from the various districts, assigning them to the training division, and then moving them back to their former class and location upon the completion of their probationary period.} Re: Comm. 854 Intr. by: Mr. Chung Approve: FC-353 ADOPTED: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. Res. 18-04: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Appropriates $53,000 out and from Clerk – Council Services – Contingency Relief account; credits same to Transfer to Capital Improvement Project Fund account. Funds to be used for repairs and improvements to the Pāhala Swimming Pool.}; Re: Comm. 23 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. and Comm. 23.2: From Students from the Volcano School of Arts and Science. Res. 24 -04: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services Contingency Relief – Miscellaneous Charges; credits same to Planning – Other Current Expense Contractual Services. Funds to be used by the Planning Department to reformat the General Plan proposed revisions (Bill 163, Draft 1).} Re: Comm. 39 Intr. by: Mr. Safarik Waived: FC 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-2 Page 4 December 21, 2004 Res. 25 -04: Authorizes the Department of Environmental Management to Conduct an Amnesty Program Regarding Derelict Vehicle Recycling and Disposal from Private Property. {Amnesty Program to be instituted for Fiscal Year 2005-2006.}; Re: Comm. 40 Intr. by: Mr. Jacobson Waived: EMC ADOPTED: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. and Comm. 40.1: From Environmental Management Director Barbara Bell, dated December 9, 2004. Res. 26 -04: Authorizes Grant of Easement for Retaining Wall Purposes at Kaloko, District of North Kona, Island, County and State of Hawai‘i, Tax Map Key (3)7-3-051:019:Portions of Hinalani Street, Kanalani Street, and Olowalu Street, to Kona Industries, Inc. Re: Comm. 41 Intr. by: Mr. Ikeda Waived: PWIRC DEFERRED BILLS FOR ORDINANCES (FIRST READING) 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 TO 1/21/05 COUNCIL MEETING Hawai‘i County Council-2 Page 5 December 21, 2004 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 TO 1/21/05 COUNCIL MEETING Bill 367 (Draft 2) Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (2002-2004): (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Agricultural (A-1a) and Resort-Hotel (V-1.25) to Multiple st Family Residential (RM-2.5) at Auhaukeae 1, North Kona, Hawai‘i, Covered by Tax Map Key 7-5-9:67 and Portion of 54 (Parcel "A" approx. 169,792 square feet; and Parcel "B" approx. 103,751 square feet). {Kona Hale Ali‘i, LLC, Applicant.} Re: Comm. 848.2 Intr. by: Mr. Elarionoff Approve: PC-124 DEFERRED TO 1/21/05 COUNCIL MEETING Bill 369 Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements (2002-2004): and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds PARKS AND RECREATION: Machado Acres Park ($50,000); funds to be provided from General Fund and/or Other Sources ($50,000). Funds to be used to augment the current allotment to ensure that adequate funding is available to implement the project and result in a passive park site for the enjoyment of the community, to ensure adequate surface water flow through drainage easements at the site, and to remove large trees and undergrowth that could negatively impact surrounding property owners.} Re: Comm. 853 Intr. by: Mr. Chung Approve: FC-352 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: 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-2 Page 6 December 21, 2004 Bill 370 Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements (2002-2004): and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds PARKS AND RECREATION: Repairs to Facilities (\[$600,000\]) ($804,000); funds to be provided from General Fund and/or Other Sources ($204,000). Funds to assist in implementing much needed park repairs and improvements to the following districts: District 3 - Improvement to Pana‘ewa Equestrian Center Arena ($49,500); District 7 - Repair playground equipment and other improvements at Higashihara Park ($74,500); and District 9 - Repair facilities at the Kamehameha Park Complex ($30,000), Repair facilities at the Waimea Park Complex ($30,000), and Tree trimming 7 landscape improvements for Waimea Trails and Greenways near Waimea Country School ($20,000).} Re: Comm. 856 Intr. by: Mr. Chung Approve: FC-355 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. Bill 3: 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 Grants – Workforce Investment Act ($5,955); appropriates same to Workforce Investment Act - Administration/Planning 04-05.} Re: Comm. 10 Intr. by: Mr. Reynolds Approve: CHA – November 9, 2004 ST PASSED 1 READING: 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-2 Page 7 December 21, 2004 Bill 11: 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. {Increases appropriation to PARKS AND RECREATION: Repairs to Facilities (\[$804,000\] $857,000); funds to be provided from General Fund and/or Other Sources ($53,000). Additional funds of $53,000 to assist in implementing repairs and improvements at the Pāhala Swimming Pool.} Re: Comm. 23.1 Intr. by: Ms. Isbell Waived: FC 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 354 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the (2002-2004): County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Increases revenues in State Grants – Product Development Program ($75,000); appropriates same to Product Development Program – State. Funds to ensure that the contract management procedures and the overall administration of the Department of Research and Development's Product Enrichment Program continue to run smoothly.} Re: Comm. 813 Intr. by: Mr. Chung st 1 Reading: November 24, 2004 nd PASSED 2 & FINAL READING: 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-2 Page 8 December 21, 2004 Bill 361 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the (2002-2004): County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Increases revenues in Contribution from Private Source ($1,500); appropriates to the following: Fire Protection – Other Current Expense ($500) and Fire Prevention – Other Current Expense ($1,000), for a total of $1,500.} Re: Comm. 830 Intr. by: Mr. Chung st 1 Reading: November 24, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. Bill 362 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the (2002-2004): County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants – Driving Under the Influence and Crash Reconstruction Training Grant ($24,144); appropriates same to Federal Grants – Driving Under the Influence and Crash Reconstruction Training Grant.} Re: Comm. 831 Intr. by: Mr. Chung st 1 Reading: November 24, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. Bill 363 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the (2002-2004): County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants – Spine Boards ($10,163.20); appropriates same to Fire Grants – Spine Boards – Federal.} Re: Comm. 832 Intr. by: Mr. Chung st 1 Reading: November 24, 2004 nd PASSED 2 & FINAL READING: 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-2 Page 9 December 21, 2004 Bill 364 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the 7(2002-2004): County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Increases revenues in Federal Grants – Coordinated Services ($23,500); appropriates same to Coordinated Services – Equipment. Funds to enable the Department of Parks and Recreation's Coordinated Services Program to replace one of their current vehicles, which is unable to be repaired or costs too much to repair.} Re: Comm. 838 Intr. by: Mr. Chung st 1 Reading: November 24, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. Bill 373 Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements (2002-2004): and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds POLICE DEPARTMENT: South Kona Police Station, refueling station, and radio tower – plans, designs, construction ($3,685,000); funds to be provided from General Obligation Bonds, Capital Projects Fund Balance and/or Other Sources ($3,685,000). Funds to be used for planning, design, and construction for a new police station in South Kona.} Re: Comm. 860 Intr. by: Mr. Reynolds st 1 Reading: November 24, 2004 2/3 Vote: Section 10-6(d), Hawai‘i County Charter nd PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Higa, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Safarik – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ended October 31, 2004. APPROVED FC-354 (Comm. 855) Recommends approval of the donation of 100 metal folding chairs and a roll- (2002-2004 Term): away stand (estimated value of $1,039.48) from the Hawai‘i Ballroom Dance Association, and the donation of $50 from Mr. Steve Hoag to the Parks and Recreation Department. APPROVED Hawai‘i County Council-2 Page 10 December 21, 2004 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.) ANNOUNCEMENTS TUESDAY, JANUARY 4, 2005 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, JANUARY 5, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM THURSDAY, JANUARY 20, 2005 COMMITTEES TBA COUNCIL ROOM FRIDAY, JANUARY 21, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM STATEMENTS FROM THE PUBLIC/ADJOURNMENT 10:52 a.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 December 17, 2004. 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. Those persons wishing to testify in person must register with the County Clerk’s staff. Those testifying in person and submitting written testimony at the meeting should bring fifteen copies of the testimony for distribution at the meeting. Those persons unable to testify in person 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 made a part of the public record. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, December 29, 2004, at 6 p.m.; Sunday, January 2, 2005, at 10:30 a.m.; and Wednesday, January 5, 2005, at 6 p.m.