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HomeMy WebLinkAboutAGE COUNCIL 01/05/2006 2004-2006 ACTIONS STACY K. HIGA JAMES Y. ARAKAKI PETE HOFFMANN Chair & Presiding Officer FRED C. HOLSCHUH, M.D. VIRGINIA ISBELL DONALD IKEDA BOB JACOBSON Vice Chair K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 28 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Thursday, January 5, 2006 9:00 a.m. INVOCATION Reverend Robert Schwarzhaupt of Immaculate Heart of Mary CALL TO ORDER 9:07 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-28 Page 2 January 5, 2006 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 229-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services – Contingency Relief; credits same to Department of Parks and Recreation Aquatics Pool Equipment (Lifeguard Tower for Pāhala Pool). Discretionary funds from District 6 would be used to purchase a new lifeguard tower for the Pāhala Swimming Pool.} Re: Comm. 599 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Res. 231-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services – Contingency Relief; credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expense Emergency Funding Hāmākua Youth Center (Program) YWCA (Agency/Vendor). Discretionary funds from District 1 would be used as emergency fiscal support for the Hāmākua Youth Center in Honoka‘a (program sponsored and managed by the Young Women's Christian Association of Hawai‘i Island).} Re: Comm. 607 Intr. by: Mr. Holschuh Waived: FC ADOPTED: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Hawai‘i County Council-28 Page 3 January 5, 2006 Res. 232-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $700 out and from Clerk-Council Services – Contingency Relief; credits same to Department of Parks and Recreation Freezer (Papa‘aloa Gymnasium). Discretionary funds from District 1 would be used towards the purchase of a new freezer for the Papa‘aloa Gymnasium Annex Building.} Re: Comm. 608 Intr. by: Mr. Holschuh Waived: FC ADOPTED: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Res. 233-06: Establishes a Temporary Ad Hoc Fact-Finding Committee to Review Prior Communications from Governor Linda Lingle and Mayor Harry Kim, Review Testimony from Public Hearings Held by the Hawai‘i County Council, Open Dialogue with the Governor, Board of Land and Natural Resources (BLNR), Hawai‘i State Legislature, Office of Hawaiian Affairs (OHA), and Department of Hawaiian Home Lands (DHHL), and Study Options for Managing and Operating State Small Boat Harbors and Boating Facilities, Presently Under the Management of the Department of Land and Natural Resources (DLNR), Division of Boating and Ocean Recreation (DOBOR), in Hawai‘i County, and Submerged Lands Involved, and Make Recommendations to the Hawai‘i County Council. {Council Members would appoint not more than two persons to form an ad hoc fact-finding committee, with the committee selecting a chairperson to be its spokesperson, who would make its recommendations to the Hawai‘i County Council by May 31, 2006.} Re: Comm. 612 Intr. by: Ms. Isbell Waived: PWIRC ADOPTED: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Hawai‘i County Council-28 Page 4 January 5, 2006 Res. 234-06: Declares the Provision of Affordable Workforce Housing to be a Burden and Responsibility of the County of Hawai‘i, Designates the Within-Mentioned Non-Profit Corporation as the Key Entity in Assisting the County in Meeting this Burden and Thereby Lessening Such Burden, and Recognizing that Without this Non-Profit Corporation the County Itself Would have to Undertake the Affordable Workforce Housing Activities that the Corporation Intends to Carry Out. {States this resolution was approved at the Hawai‘i County Housing Agency meeting held on December 21, 2005, however, because the title didn't quite match the body of the resolution, a private attorney representing UniDev, recommended changing the title as well as made some minor changes to the body of the resolution, which have been reflected in this resolution.} Re: Comm. 613 Intr. by: Mr. Ikeda Waived: CHA AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. BILLS FOR ORDINANCES (FIRST READING) 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 174: Amends the State Land Use Boundaries Map for the County 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 6-2-11:30 (approx. 5.3042 acres). {Martin E. Smith, Applicant.} Re: Comm. 547 Intr. by: Mr. Pilago and Mr. Hoffmann st 1 Reading: December 21, 2005 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, and Chair Higa – 5. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Hawai‘i County Council-28 Page 5 January 5, 2006 Bill 175: Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), 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 6-2-11:30 (approx. 5.3042 acres.) {Martin E. Smith, Applicant.} Re: Comm. 547 Intr. by: Mr. Pilago and Mr. Hoffmann st 1 Reading: December 21, 2005 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, and Chair Higa – 5. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Bill 176: Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-20a) to Agricultural (A-10a) at Kaloko, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-26:14 (approx. 25.718 acres). {Errol and Andrea Yim, Applicants.} Re: Comm. 548 Intr. by: Mr. Pilago and Mr. Hoffmann st 1 Reading: December 21, 2005 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, and Chair Higa – 5. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Bill 177: Amends Section 25-8-12 (Kawaihae-Puako Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Multiple-Family Residential (RM-15) to Single Family Residential (RS-15) at Ouli, South Kohala, Hawai‘i, Covered by Tax Map Key 6-2-16:1-19 (approx. 13.028 acres). {Moani Heights at the Uplands at Mauna Kea Community Association, Applicant.} Re: Comm. 549 Intr. by: Mr. Pilago and Mr. Hoffmann st 1 Reading: December 21, 2005 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Hawai‘i County Council-28 Page 6 January 5, 2006 Bill 178: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in Federal Grants – Hawai‘i County Fire Department Lifting Bag Purchase ($36,000); appropriates same to Hawai‘i County Fire Department Lifting Bag Purchase.} Re: Comm. 554 Intr. by: Ms. Isbell st 1 Reading: December 21, 2005 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Bill 179: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Increases revenues in Federal Grants – Community Based Traffic Coordinator ($7,996); appropriates same to Community Based Traffic Coordinator. Funds would be used to reduce the number of alcohol, speed, and seatbelt non-use related traffic fatalities and injuries by providing a community based coordinator to plan and coordinate activities and to be a liaison between state, county, and community agencies and organizations.} Re: Comm. 555 Intr. by: Ms. Isbell st 1 Reading: December 21, 2005 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Bill 180: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in Federal Grants – Traffic Investigation ($12,560); appropriates same to Traffic Investigation.} Re: Comm. 557 Intr. by: Ms. Isbell st 1 Reading: December 21, 2005 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Hawai‘i County Council-28 Page 7 January 5, 2006 Bill 181: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Increases revenues in Federal Grants – Speed Enforcement ($60,364); appropriates same to Speed Enforcement. Funds would be used to reduce the number of motor vehicle collisions resulting in injuries and fatalities caused by speeding drivers.} Re: Comm. 558 Intr. by: Ms. Isbell st 1 Reading: December 21, 2005 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Bill 182: Amends Ordinance No. 05-87, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds PUBLIC WORKS: Left-Turn Pocket at Palani Junction ($300,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($300,000). Funds would be used to design and construct a left-turn pocket on Route 190 to channel traffic turning into Route 180, improving the movement of traffic through this intersection.} Re: Comm. 559 Intr. by: Ms. Isbell st 1 Reading: December 21, 2005 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Bill 183: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Increases revenues in Contribution from Private Source ($4,250); appropriates same to Fire Prevention – Other Current Expense.} Re: Comm. 562 Intr. by: Ms. Isbell st 1 Reading: December 21, 2005 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Hawai‘i County Council-28 Page 8 January 5, 2006 Bill 185: Authorizes the Issuance of General Obligation Bonds of the County of Hawai‘i for the Purpose of Funding All or a Portion of the Costs of Various Improvement Projects for the County and the Department of Water Supply; Fixing the Form, Denominations, and Certain Other Details of Such Bonds and Providing for Their Sale to the Public; and Authorizes the Taking of Other Actions Relating to the Issuance and Sale of the Bonds and the Retirement of the Bonds to be Refunded. {Authorizes the issuance of up to $50 million in general obligation bonds, which includes the amount of $25 million for the Department of Water Supply, who would reimburse the General Fund for its share of the debt service on the bonds and the cost of issuance. Projects include construction to meet legal mandates, repairs to facilities, expansion and replacement of facilities, new facilities, and road and traffic improvements (Exhibit A) and attaches debt service worksheets (Exhibits B and C).} Re: Comm. 564 Intr. by: Ms. Isbell st 1 Reading: December 21, 2005 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Bill 186: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in Federal Grants – Hawai‘i County Police Department Data Grant ($30,000); appropriates same to Hawai‘i County Police Department Data Grant.} Re: Comm. 556 Intr. by: Ms. Isbell st 1 Reading: December 21, 2005 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Hawai‘i County Council-28 Page 9 January 5, 2006 Bill 188: Amends Ordinance No. 05-87, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds PARKS AND RECREATION: Whittington Beach Park Expansion ($267,632); funds shall be provided from Federal Grants Receivable ($267,632). Acquisition of this coastal estuary area consisting of 225 acres would assure the preservation and conservation of many valuable natural resources and is in close proximity to the County's Whittington Beach Park.} Re: Comm. 593 Intr. by: Ms. Isbell st 1 Reading: December 21, 2005 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. Bill 189: Amends Ordinance No. 05-87, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds PUBLIC WORKS: Prosecuting Attorney's Office at Aupuni Center ($1,700,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($1,700,000). Funds would supplement the initial appropriation of $3,450,000, as the apparent low bid exceeds the current available appropriation, and would cover the current construction cost plus a recommended contingency fund for this project.} Re: Comm. 595 Intr. by: Ms. Isbell st 1 Reading: December 21, 2005 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. REPORTS REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-5(a)(4), Hawai‘i Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote, pursuant to HRS Section 92-4 and Rule 12 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Hawai‘i County Council-28 Page 10 January 5, 2006 Comm. 611: CLAIM AGAINST THE COUNTY/DEANNE SADAE FUJIOKA From Deputy Corporation Counsel Joseph K. Kamelamela, dated December 22, 2005. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 531.1: From Mayor Harry Kim, dated December 27, 2005, returning Bill 169 for the Council's reconsideration in order to correct this measure with Bill 169, Draft 2; and Bill 169: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Increases revenues in Contribution from Private Source ($2,250); appropriates to Fire Protection – Other Current Expense ($1,250) and Fire Prevention – Other Current Expense ($1,000), for a total of $2,250.}; Re: Comm. 531 Intr. by: Ms. Isbell st 1 Reading: December 7, 2005 nd 2 Reading: December 21, 2005 and Comm. 531.2: From Vice Chair Virginia Isbell, dated December 27, 2005, transmitting Bill 169, Draft 2. Draft 2 corrects the appropriation to the current fiscal year's operating budget rather than the prior fiscal year; and Bill 169 Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of (Draft 2): Hawai‘i for the Fiscal Year Ending June 30, 2006. Intr. by: Ms. Isbell ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, and Chair Higa – 6. NOES: None. ABSENT & EXCUSED:Council Members Hoffmann, Pilago, and Safarik – 3. ANNOUNCEMENTS THURSDAY, JANUARY 19, 2006 COMMITTEES TBA COUNCIL ROOM FRIDAY, JANUARY 20, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, JANUARY 31, 2006 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, FEBRUARY 1, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM Hawai‘i County Council-28 Page 11 January 5, 2006 ADJOURNMENT 1:16 p.m. Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation “By Request” on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by January 3, 2006. Persons using TDDs may call 961-8521. Copies of an item listed on the agenda 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; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawai‘i 96740; and at the Waimea Council Members' Office at the Holomua Center, 64-1067 Māmalahoa Highway, Suite 5, Waimea, Hawai‘i 96743. Videoconferencing is available at the following locations:  Kona Council Office at the Kailua Trade Center; and  Waimea Council Office at the Holomua Center. If, for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue.  Videoconferencing from the Pāhoa Neighborhood Facility will not be available. 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 sixteen (16) bring copies of the testimony for distribution at the meeting. Those testifying by videoconference from the Kona Council Office and the Waimea Council Office 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. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawai‘i County Code} A lobbyist means “any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials.” {Article 15, Section 2-91.3(a)(6), Hawai‘i County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 25 Aupuni Street, Hilo, Hawai‘i 96720. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, January 11, 2006, at 6 p.m.; Sunday, January 15, 2006, at 10:30 a.m.; and Wednesday, January 18, 2006, at 6 p.m. (Hawai‘i Tribune Herald – January 1, 2006) (West Hawai‘i Today – January 1, 2006)