HomeMy WebLinkAboutAGE COUNCIL 11/08/2002 2000-2002 JAMES Y. ARAKAKI v, "9q9~
''4~'-~~•• AARON S.Y. CNUNG
('hairmanc4r PresidingQ~icer b~~%rf ~ LENINGRAD ELARIONOFF
e; JULIE JACOBSON
J. CURTIS TYLER, Ill ~ t, BOBBY JEAN LEITHEAD-TODD
I'~ce('hairman op°;,~-~~~°e•'` ~ NANCY PISICCHIO
~eg~.~,.~ GARY SAFARIK
DOMINIC YAGONG
COUNTY COUNCIL
county of Hawai
Hawai `i County Building
25 Aupuni .Street
Hilo, Hawai `i 96720
48`" Session
ORDER OF BUSINESS
Hawaii County Council
Hilo, Hawaii
Friday, November 8, 2002
9:00 a.m.
INVOCATION Stewart Hussey of The Christian Science Church
CALL TO ORDER s-~
ROLL CALL
~1
PLEDGE OF ALLEGIANCE w
APPROVAL OF MINUTES September 25 and October 9, 2002
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawaii County Council-48 Page 2 November 8, 2002
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS
OF CONDOLENCE
STATEMENTS FROM TIIE PUI3LIC ON ITEMS LISTED ON TIIE ORDER OF BUSINESS
ORDER OF RESOLUTIONS
Res. 245-02: Accepts the dedication of Parcel 1 S from the Island of Hawaii YMCA, situate at
(Draft 2) Pahoehoe 3rd, Pahoehoe 4`~', and La`aloa Is', North Kona, County and State of Hawaii,
Tax Map Key: (3)7-7-008-030 (portion), to the County of Hawaii for the Kahului-
Keauhou Parkway.
Re: Comm. 750.1
Intr. by: Ms. Pisicchio
Approved: P~JVIRC-58
Res. 246-02: Accepts the dedication of Parcels 16B and 17 from Towne Keauhou LLC, situate at
(Draft 2) Pahoehoe 3`d, Pahoehoe 4'~', La`aoa (La`aloa) 1 La`aloa 2"d, and Kapala`alae`a I
North Kona, County and State of Hawaii, Tax Map Keys: (3)7-7-026-014 (portion)
and 7-7-008-O1 1 (portion), to the County of Hawaii for the Kahului-Keauhou
Parkway.
Re: Comm. 750.1
Intr. by: Ms. Pisicchio
Approved: PWIRC-59
Res. 247-02: Accepts the dedication of Parcels 19, 21, 22A, 24 and 25, from Kamehameha
(Draft 2) Investment Corporation, situate at Kahalu`u and Keauhou 1 st, North Kona, County and
State of Hawaii, Tax Map Keys: (3)7-8-010-002 (portion), 7-8-OIO-035 (portion), and
7-8-010-093 (portion), to the County of Hawaii for the Kahului-Keauhou Parkway.
Re: Comm. 750.
Intr. by: Ms. Pisicchio
Approved: P~~IRC-60
Hawaii County Council-48 Page 3 November 8, 2002
Res. 250-02: Authorizes the Mayor to enter into a project agreement with State of Hawaii and
federal government agencies for federal aid spot improvements on Keanakolu Road
from its intersection with the John A. Burns Way (Mauna Kea Summit Road) to the
northern boundary of the Maulua Tract of the Hakalau Forest National Wildlife Refuge
(Mile 16) TMK: 3i~ Div. 3-8-01. {The federal government will provide spot
improvements, at no cost to the County, beginning at the Canicula Road and the
Mauna Kea Summit Road intersection and extending to the northern boundary of the
Maulua tract of the Hakalau Forest National Wildlife Refuge. The agreement wil I
commit the County to assist with local coordination as necessary and to maintain the
improvements once they are completed.}
Re: Comm. 767
Intr. by: Mr. Elarionoff
Approved: PWIRC-61
Res. 251-02: Authorizes the Finance Director to execute grants of easements in favor of Niu Pia
(Draft 2) Farms, Ltd. {For a retaining wall easement over Government Road in Kaloko Light
Industrial Subdivision, Unit 1, Kaloko, North Kona, Hawaii, TMK: (3) 7-3-51. The
fair market value of the retaining wall easement is $1,425. Attached are Exhibits "A"
through "D", relating to the easement.}
Re: Comm. 770.1
Intr. by: Mr. Tyler
Approved: FC-280
Res. 252-02: Authorizes tl~e Corporation Counsel, and his authorized representatives, to enter into
an agreement with the individually named party, who is an employee of the County of
Hawaii, to represent him in the civil action entitled, Keola Kanae v. Kahikr M. H.
Hodson, et al., Civil No. 02-00399 SOM/LEK.
Re: Comm. 783
Intr. by: Mr. Chung
Waived: FC
Res. 261-02: Authorizes the Corporation Counsel, and his authorized representatives, to enter into
an agreement with the individually named party, who is a former employee of the
County of Hawaii, to represent him in the civil action entitled, Taney M. Cc~:imero rs.
Hawaii County, etal., Civil No. 00-1-0384.
Re: Comm. 800
Intr. by: Mr. Chung
Waived: FC
Hawaii County Council-48 Page 4 November 8, 2002
BILLS FOR ORDINANCES (FIRST READING)
Bill 266: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of
Hawaii for the fiscal year ending June 30, 2003. {Increases revenues of $67,000 in
the State Grants -Glass Recycling Program; and appropriates same to the Glass
Recycling Program.}
Re: Comm. 764
Intr. by: Mr. Chung
Approved: FC-278
Bill 267: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of
Hawaii for the fiscal year ending June 30, 2003. {Increases revenues of $30,000 in
the State Grants -Used Oil Collection/Disposal; and appropriates same to the
Recycling Program.}
Re: Comm. 765
Intr. by: Mr. Chung
Approved: FC-279
Bill 268: Amends Ordinance No. 97-99, which amended Ordinance Nos. 84-23, 84-42, 88-4,
90-62, 91-96, 93-26, and 94-34, which reclassified certain lands from Unplanned (U)
to Multiple Family (RM-5) and Single-Family Residential (RS-15) zoned district at
Holualoa 1 and 2, North Kona, Hawaii, covered by Tax Map Key: 7-6-21:4, 9-13, and
15-17. {Gamrex, Inc., applicant.} {Request: To amend Condition I to provide a time
extension for securing Final Plan Approval.}
Re: Comm. 768
Intr. by: Ms. Leithead-Todd
Approved: PC- I OS
Bill 280: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of
Hawaii for the fiscal year ending June 30, 2003. {Increases revenues of $100,000 in
the State Special Election; and appropriates same to the Special Election to conduct a
special election on November 30, 2002, for the purpose of filling the congressional seat
for the remainder of the term due to the passing of U.S. Representative Patsy Mink.
The State will reimburse the County for special election costs.}
Re: Comm. 802
Intr. by: Mr. Chung
Waived: FC
Hawaii County Council-48 Page 5 November 8, 2002
ORDER OF T11-IE DAY (SECOND OR FINAL READING)
Bill 261: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of
Hawaii for the fiscal year ending June 30, 2003. {Increases revenues of $137,738 in
the Federal Grants -Area Plan on Aging; and appropriates same to the Area Plan on
Aging Other Current Expenses.}
Re: Comm. 754
Intr. by: Mr. Chung
151 Reading: October 23, 2002
Bill 263: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and
financing thereof for the fiscal year July 1, 2002 to June 30, 2003.
{Adds PUBLIC WORKS - Ali`i Improvement Project ($5,000,000); funds to be
provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or
Other Sources ($5,000,000). }
Re: Comm. 757
Intr. by: Ms. Pisicchio
151 Reading: October 23, 2002
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 270: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of
Hawaii for the fiscal year ending June 30, 2003. {Increases revenues of $127,100 in
the State Grants -West Hawaii Parks Lifeguards; and appropriates same to the West
Hawaii Lifeguard Services Other Current Expenses.;
Re: Comm. 778
Intr. by: Ms. Pisicchio
151 Reading: October 23, 2002
REPORTS
FINANCIAL Monthly Financial Status Report from the Department of Finance for tl~e month ended
REPORT: September 30, 2002.
PEMC Recommends the approval of the nomination of Marjorie A. Erway to the Hawaii
Rept. 20 County Environmental Management Commission.
(C-769):
FC Rept. 277 Recommends the confirmation of William S. Taylor to the Hawaii County Pension
(C-772): Board.
Hawaii County Council-48 Page 6 November 8, 2002
I2EFEIaI2ALS FOig 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. 776: JOHN F. BRUNTON, AKA, JACK BRUNTON, VS. COUNTY OF HAWAI`1. ET
AL. CIVIL NO. 02-00414SOM/LEK
From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 15, 2002.
Comm. 780: QCUTZIEL FRAZIER, JR., VS. BRETT ANDERSON, ET AL., CIVIL
NO. 00-1-463; THOMAS FRAZIER-DeWEES VS. BRETT ANDERSON, ET AL.,
CIVIL NO. 01-1-344
From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 14, 2002.
Comm. 799: HIRING OF SPECIAL COUNSEL FOR WORKERS COMPENSATION DIVISION
From Corporation Counsel Lincoln S. T. Ashida, dated October 24, 2002.
OTIIER BUSINESS
(including but not limited to consideration of vetoed items, if any, or reconsideration of actions
on agenda items.)
ANNOUNCEMENTS
TUESDAY, NOVEMBER 19, 2002
COMMITTEES TBA COUNCILROOM
WEDNESDAY, NOVEMBER 20, 2002
COUNCIL 9:00 a.m. COUNCILROOM
TUESDAY, NOVEMBER 26, 2002
HUMAN SERVICES AND 5:00 p.m. KING KAMEHAMEHA'S
ECONOMIC DEVELOPMENT COMMITTEE KONA BEACH HOTEL
PUBLIC HEARING (BILL 260 - CONFERENCE ROOM 4
SMOKING IN CERTAIN PLACES)
MONDAY, DECEMBER 2, 2002
COUNCIL SINE D[E 10:00 a.m. COUNCILROOM
COUNCIL NEW 3:00 p.m. COUNCILROOM
Hawaii County Council-48 Page 7 November 8, 2002
STATEMENTS FROM TIIE PUBLIC
ADJOURNMENT
(Note: B/R, as listed next to the name of an Introducer, signifies that the Councilmember 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 November 6, 2002. Persons using TDDs may call 961-852 I .
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 Hawaii County Services Office at 75-5706
Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Street,
Hilo, Hawaii 96720; and the County Council's Kona Branch Office at 77-6399 Nalani Street, Suite 104, Kailua-
Kona, Hawaii 96740.
Government Access Television: Channel 52 (Hilo and Kona) Wednesday, November 13, 2002, at 6 p.m.;
Sunday, November 17, 2002, at 10:30 a.m.; and Wednesday, November 20, 2002, at 6 p.m.