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.