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HomeMy WebLinkAboutAGE COUNCIL 10/04/2004 2002-2004 ACTIONS JAMES Y. ARAKAKI AARON S.Y. CHUNG LENINGRAD ELARIONOFF Chairman & Presiding Officer FRED C. HOLSCHUH, M.D. J. CURTIS TYLER, III BOB JACOBSON JOE REYNOLDS Vice Chairman GARY SAFARIK MICHAEL C. TULANG COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 45 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Monday, October 4, 2004 9:00 a.m. INVOCATION Pastor Bob Tominaga, Thy Word Ministries CALL TO ORDER 9:11 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES July 8, 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-45 Page 2 October 4, 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. 225-04: Creates Seven (7) Laborer II Positions for the Department of Public Works' Highway Maintenance Division. {Positions to help maintain and continually make improvements to the County's roadway transportation system and permit the safe and efficient movement of people and goods around the island.} Re: Comm. 725 Intr. by: Mr. Chung (B/R) Approve: FC-301 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, and Chair Arakaki – 6. NOES: Council Members Chung and Tyler – 2. ABSENT & EXCUSED: Council Member Reynolds – 1. Res. 230-04: Authorizes the 1) Extension of the Public Sewer Along Makaala Street; and 2) Reimbursement for the Cost of Construction of the Extension for Home Depot USA at Hilo, Hawai‘i. Re: Comm. 740 Intr. by: Mr. Reynolds (B/R) Approve: PEMC-20 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: Council Member Chung – 1. ABSENT & EXCUSED: Council Member Reynolds – 1. Hawai‘i County Council-45 Page 3 October 4, 2004 Res. 231-04: Approves the Cost Items Agreed Upon by the Employers and the United Public Workers (UPW) Affecting UPW Unit 01 and Employees Excluded From Bargaining Unit 01 for the Contract Period July 1, 2003, Through June 30, 2005. {Cost items represent two across-the-board increases.} Re: Comm. 741 Intr. by: Mr. Chung Approve: FC-303 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. Res. 232-04: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawai‘i Department of Health, Pursuant to HRS 46-7, for the Beverage Container Deposit Program Grant. {Department of Environmental Management Solid Waste Division's Recycling Section to assume responsibility for implementing and monitoring the Beverage Container Deposit Program.} Re: Comm. 742 Intr. by: Mr. Chung Approve: FC-304 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. Res. 233-04: Creates Two (2) Recycling Specialist (Temporary) Positions for the Department of Environmental Management Solid Waste Division. {Positions are needed to create, institute, and monitor the County's Beverage Container Deposit Program.} Re: Comm. 743 Intr. by: Mr. Chung Approve: FC-306 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. Hawai‘i County Council-45 Page 4 October 4, 2004 Res. 234-04: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawai‘i Department of Health, Pursuant to HRS 46-7, for the Beverage Container Deposit Law Demonstration Project Grant. {Funds to be used to contract a vendor to coordinate and host the temporary redemption center(s) and to pay redemption fees to residential patrons for the purpose of promoting public awareness of the Beverage Container Deposit law.} Re: Comm. 744 Intr. by: Mr. Chung Approve: FC-307 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. Res. 235-04: Authorizes the Acceptance of a Donation of a Dressage Arena to be Used at the Parks and Recreation's Pana'ewa Equestrian Center. {Donation from Mike and Sandy Kroll to be used for dressage events, with an estimated value of $4,000.}; Re: Comm. 745 Intr. by: Mr. Chung Approve: FC-309 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. and Comm. 745.1: From Parks and Recreation Deputy Director Pam Mizuno, dated September 14, 2004. Hawai‘i County Council-45 Page 5 October 4, 2004 Res. 247-04: Authorizes the Adoption of USDA Form Resolution 1780-27 Providing for the Incurrence of Indebtedness for the Financing of a Public Waterline Replacement Project for Happy Homes Subdivision (Puna District); to Enter into an Agreement with the United States of America, Pursuant to HRS 46-7, for the USDA Grant Portion of the Costs of the Project; and to Authorize the Mayor, Manager of the Department of Water Supply, Finance Director and the Chair of the County Council to Take All Action(s) Necessary to Facilitate and Execute Such Loan and Grant Agreements. Re: Comm. 785 Intr. by: Mr. Chung Waived: FC ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. BILLS FOR ORDINANCES (FIRST READING) Bill 174 Amends Chapter 19 of the Hawai‘i County Code 1983 (1995 Edition), Real (Draft 2): Property Taxes, Relating to Home Exemptions. {Creates an additional exemption of 20% of the pre-exemption assessed value to a maximum of $80,000 for those eligible for the home exemption.}; Re: Comm. 394.1 Intr. by: Mr. Chung (B/R) Approve: FC-297 Deferred: September 15, 2004 FILED and Comm. 394.5: From Finance Director William Takaba, dated September 9, 2004; and Comm. 394.6: From Finance Director William Takaba, dated September 10, 2004. Note: Subsequent Bill 320 combines amendments proposed in Bill 174, Draft 2, and Bill 177, relating to Section 19-71. Hawai‘i County Council-45 Page 6 October 4, 2004 Bill 177: Amends Chapter 19 of the Hawai‘i County Code 1983 (1995 Edition), Real Property Taxes, Relating to Home Exemptions. {Improves the definition of real property owned and occupied as a principal home as defined in subsection 19-71(e).} Re: Comm. 398 Intr. by: Mr. Chung (B/R) File: FC-300 Deferred: September 15, 2004 FILED Note: Subsequent Bill 320 combines amendments proposed in Bill 177 and Bill 174, Draft 2, relating to Section 19-71. Bill 320: Amends Chapter 19 of the Hawai‘i County Code 1983 (1995 Edition), as Amended, Real Property Taxes, Relating to Home Exemptions. {Combines amendments proposed in previous Bill 174, Draft 2, and Bill 177. Improves and clarifies definition of "principal home" and creates an additional exemption of 20% of the pre-exemption assessed value to a maximum of $80,000 for those eligible for home exemptions.} Re: Comm. 753 Intr. by: Mr. Chung Waived: FC Deferred: September 15, 2004 AMENDED TO DRAFT 2 & DEFERRED TO 10/20/04 MEETING Bill 175 Amends Chapter 19 of the Hawai‘i County Code 1983 (1995 Edition), Real (Draft 3): Property Taxes, Relating to Valuation. {Limits the increase in the market value of properties in the homeowners class to not more than 3% per tax year until the property is sold or otherwise transferred.}; Re: Comm. 395.1 Intr. by: Mr. Chung (B/R) Approve: FC-298 Deferred: September 15, 2004 DEFERRED TO 10/20/04 MEETING and Comm. 395.2: From Finance Director William Takaba, dated September 10, 2004, transmitting Bill 175, Draft 4. Draft 4 amends Section 19-53(h) relating to properties in the non-speculative residential use dedication program; and Hawai‘i County Council-45 Page 7 October 4, 2004 Bill 175 Amends Chapter 19 of the Hawai‘i County Code 1983 (1995 Edition), Real (Draft 4): Property Taxes, Relating to Valuation. Intr. by: Mr. Chung (B/R) (Note: Please see previous Communications 394.5 and 394.6 for comments relating to Bill 175.) DEFERRED TO 10/20/04 MEETING Bill 176 Amends Chapter 19 of the Hawai‘i County Code 1983 (1995 Edition), Real (Draft 2): Property Taxes, Relating to Nonspeculative Residential Use Assessment. {Reduces the nonspeculative residential use dedication from ten years to five years, and reduces the corresponding rollback provisions by five years.}; Re: Comm. 394.1 Intr. by: Mr. Chung (B/R) Approve: FC-299 Deferred: September 15, 2004 DEFERRED TO 10/20/04 MEETING and Comm. 394.6: From Finance Director William Takaba, dated September 10, 2004. Bill 310: 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 Vehicle & Trailer Weight Taxes ($1,015,796); appropriates to the following: Traffic Signs & Markings ($216,812), South Hilo Road Salaries and Wages ($25,284), South Hilo Road Other Current Expenses ($4,800), North & South Kohala Road Salaries and Wages ($12,642), North & South Kohala Road Other Current Expenses ($4,400), North & South Kona Road Salaries and Wages ($63,210), North & South Kona Road Other Current Expenses ($6,000), Ka‘u Road Salaries and Wages ($12,642), Ka‘u Road Other Current Expenses ($4,400), Puna Road Salaries and Wages ($113,778), Puna Road Other Current Expenses ($15,600), Highway Mass Transit Other Current Expenses ($338,260), Pension Accumulation – Highway ($45,228), Federal Insurance Contributions Act Employer Share – Highway ($7,530), Employee Health Plans – Highway ($27,199), Worker’s Compensation – Highway ($118,011), for a total of $1,015,796.} Re: Comm. 725 Intr. by: Mr. Chung (B/R) Approve: FC-302 ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, and Chair Arakaki – 6. NOES: Council Member Tyler – 1. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. Hawai‘i County Council-45 Page 8 October 4, 2004 Bill 312 Amends Chapter 21, Article 4, of the Hawai`i County Code 1983 (1995 (Draft 4): Edition), Relating to Sewer Service Charges. {Changes the responsibility of payment of sewer service from the same customer identified by the Department of Water Supply to the property owner. Imposes a 10% penalty on accounts past due instead of 60 or more days overdue. Imposes a 1% interest rate per month on outstanding balances past due. Clarifies the process by which property owner will be billed unless another individual is designated. Further states property owner and designated person are jointly and severally liable for sewer service charge. If debt is not paid, County may recover by a civil action against the property owner, the designated person, or both. Effective date: July 1, 2005.} Re: Comm. 731.3 Intr. by: Mr. Reynolds Approve: PEMC-19 Deferred: September 15, 2004 DEFERRED Bill 315: 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 State Grants – Beverage Container Deposit Program ($250,000); appropriates same to Beverage Container Deposit Program.} Re: Comm. 742 Intr. by: Mr. Chung Approve: FC-305 ST PASSED 1 READING: AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Reynolds and Tulang – 2. Bill 316: 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 – Beverage Container Demonstration Project ($3,000); appropriates same to Beverage Container Demonstration Project.} Re: Comm. 744 Intr. by: Mr. Chung Approve: FC-308 ST PASSED 1 READING: AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Reynolds and Tulang – 2. Hawai‘i County Council-45 Page 9 October 4, 2004 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 309 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 4): (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Open (O) to Industrial-Commercial Mixed (MCX-20) and stnd General Industrial (MG-1a) at Honokohau 1 and 2, North Kona, Hawai‘i, Covered by Tax Map Key 7-4-8:Portion 13 & 30 (Parcel 1 approx. 186.733 acres, Parcel 2 approx. 85.733 acres, and Parcel 3 approx. 9.901 acres. {West Hawai‘i Business Park, LLC, Applicant.} Re: Comm. 722.12 Intr. by: Mr. Elarionoff Deferred: September 1, 2004 st 1 Reading: September 15, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Safarik, Tulang, Tyler, and Chair Arakaki – 6. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. Bill 313: 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 – Federal Transit Administration Section 5309 Capital Grant Fiscal Year 04-05 ($2,357,423); appropriates same to Federal Transit Administration Section 5309 Capital Grant Fiscal Year 04-05.} Re: Comm. 734 Intr. by: Mr. Chung st 1 Reading: September 15, 2004 nd 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. Hawai‘i County Council-45 Page 10 October 4, 2004 Bill 314: 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: Miloli‘i Beach Park Improvements ($66,457); funds to be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($66,457). Improvements to bring the park's restroom building and wastewater system into compliance with current building code, health regulations, and accessibility requirements.} Re: Comm. 736 Intr. by: Mr. Jacobson st 1 Reading: September 15, 2004 2/3 Vote: Section 10-6(d), Hawai‘i County Charter nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. Bill 317: 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 ($69,942.24); appropriates same to Removal of Architectural Barriers.} Re: Comm. 746 Intr. by: Mr. Safarik st 1 Reading: September 15, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. Hawai‘i County Council-45 Page 11 October 4, 2004 Bill 318: 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 ($7,299); appropriates to the following accounts: Workforce Investment Act – Administration/Planning 03-04 ($607), Workforce Investment Act – Dislocated Program 03-04 ($5,462); and Workforce Investment Act – Youth Program 04-05 ($1,230), for a total of $7,299.} Re: Comm. 748 Intr. by: Mr. Safarik st 1 Reading: September 15, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. Bill 319: 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 Investment Partnerships Program – Program Income ($23,114.21) and Federal – HOME Investment Partnerships Program ($30,000), for a total of $53,114.21; appropriates to Downpayment Assistance ($20,902.79) and Office of Housing and Community Development Administration ($32,211.42), for a total of $53,114.21.} Re: Comm. 749 Intr. by: Mr. Safarik st 1 Reading: September 15, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. Hawai‘i County Council-45 Page 12 October 4, 2004 Bill 321: 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 – Big Island Juvenile Intake and Assessment Center ($140,000); appropriates same to Big Island Juvenile Intake and Assessment Center.} Re: Comm. 754 Intr. by: Mr. Chung st 1 Reading: September 15, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Reynolds – 2. REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ended June 30, 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.) Comm. 428.1: KEALOHA M. J. WELLS, ET AL., V. MARK FARIAS, ET AL., CIVIL NO. 02-1-0149K From Deputy Corporation Counsel Joseph K. Kamelamela, dated September 21, 2004. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 751: CLAIM AGAINST THE COUNTY/AMERICAN INTERNATIONAL RECOVERY, INC., ON BEHALF OF AIG INSURANCE COMPANY From Deputy Corporation Counsel Joseph K. Kamelamela, dated September 2, 2004. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 758: M. W. MIRANDA TRUCKING VS. COUNTY OF HAWAI‘I, CIVIL NO. 01-1-0343 From Deputy Corporation Counsel Harry P. Freitas, dated September 13, 2004. DEFERRED TO 10/20/04 MEETING Hawai‘i County Council-45 Page 13 October 4, 2004 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, OCTOBER 5, 2004 PUBLIC WORKS AND 9:00 a.m. COUNCIL ROOM INTERGOVERNMENTAL RELATIONS COMMITTEE FINANCE COMMITTEE 10:00 a.m. COUNCIL ROOM HUMAN SERVICES AND 1:00 p.m. COUNCIL ROOM ECONOMIC DEVELOP- MENT COMMITTEE PLANNING COMMITTEE 1:30 p.m. COUNCIL ROOM HOUSING AGENCY 3:00 p.m. COUNCILROOM TUESDAY, OCTOBER 19, 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, OCTOBER 20, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM STATEMENTS FROM THE PUBLIC/ADJOURNMENT 3:35 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 September 30, 2004. Persons using TDDs may call 961-8521. Those desiring to speak on matters listed on the Order of Business must register at the County Clerk’s Office prior to the convening of the meeting. 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 County Council’s Kona Branch Office at 77-6399 Nalani Street, Suite 104, Kailua-Kona, Hawai‘i 96740. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, October 13, 2004, at 6 p.m.; Sunday, October 17, 2004, at 10:30 a.m.; and Wednesday, October 20, 2004, at 6 p.m.