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HomeMy WebLinkAboutAGE COUNCIL 12/18/2002 2002-2004 JAMES Y. ARAKAKI ,rw~ AARON S.Y. CHUNG (~halrmatt R~ Presidln Q ficer 4'~ x ! ~ LENINGRAD ELARIONOFF FRED C HOLSCHUH, M.D. J. CURTIS TYLER, III BOB JACOBSON 17ce ('hmrmnn BOBBY JEAN LEI'iHEAD-"i'ODD JOE RF-.YNOLDS GARY SAFARIK COUNTY COUNCIL Coanty ofHawai'i Hnu~ai `i Cuunh~ 6uildinK 25 Aapuni Stree( Hi/n, lduwai'i 96'20 2nd Session ~ ORDER OF BUSINESS Hawaii County Council - King Kamehameha's Kona Beach Hotel Conference Room 4 75-5660 Palani Road Kailua-Kona, Hawaii Wednesday, December 18, 2002 9:00 a.m. INVOCATION Reverend Randy Gant of the Kona Church of the Nazarene CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 8, 2002 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County Council-2 Page 2 December 18, 2002 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIF[CATF.S OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 3: RE-APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO THE COUNTY OF HAWAI`I'S ENVIRONMENTAL MANAGEMENT COMMISSION: MARJORIE ERWAY AND CAROLYN WITCHER _ From Mayor Harry Kim, dated November 6, 2002, submitting for confirmation the re- appointment ofthe following individuals to serve on the Environmental Management Commission: Ms. Marjorie Erway of Council District 7, an 8-year resident of Hawaii, is not affiliated with any political party. If confirmed, she will serve a term to end on December 31, 2007; and Ms. Carolyn Witcher of Council District 8, an I I-year resident of Hawaii, is a member of the Republican Party. If confirmed, she will serve a term to end on December 31, 2007. Waived: PEMC Comm. 4: APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO'fHE COUNTY OF HAWAI`I'S KAILUA VILLAGE DESIGN COMMISSION: KATHLEEN J. McMILLEN, MILTON K. MORINAGA, MARGO ELLIOPOULOS, MAILS B. MELROSE, GEORGE IWASAKI AND WILLIAM E COWELL. From Mayor Harry Kim, dated November 7, 2002, submitting for confirmation the following individuals to serve on the Kailua Village Design Commission: Ms. Kathleen J. McMillen of Council District 7, an I I-year resident of Hawaii, is the Office Administrator of KKM Survey, and is a member of the Democratic Party. If confirmed, she will serve a term to end on December 31, 2006; Mr. Milton K. Morinaga of Council District 8, a 30-year resident of Hawaii, is the Construction Manager of WB Kukio Resorts, and is not affiliated with any political party. If confirmed, he will serve a term to end on December 31, 2006; Ms. Margo Elliopoulos of Council District 8, a 24-year resident of Hawaii, is an officer with Bluewater Cuisine Catering, Inc., and is no[ affiliated with any political party. If confirmed, she will serve a term to end on December 31, 2006; Ms. Maile B. Melrose of Council District 7, a lifelong resident of Hawaii, is a pan-time teacher at Waimea School, and is not affiliated with any political party. If confirmed, she wi I I serve a term to end on December 31, 2007: (C'ommunicatron d is ca~tinuecl un the ner[ pu~,~e.) Hawaii County Council-2 Page 3 December 18, 2002 Mc George Iwasaki of Council District 8, a 48-year resident of Hawaii, is a self-employed architect with George Iwasaki Architect and Associates, and is a member of the Democratic Party. If confirmed, he will serve a term to end on December 31, 2007; and Mr. William E. Cowell of Council District 7, a lifelong resident of Hawaii, is a self-employed Excavation Contractor with West Hawaii Excavation as well as aself-employed coffee farmer with Kowali Farm, and is not affiliated with any political party. If confirmed, he will serve a term to end on December 3 I . 2007. Waived: PC STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 262-02: Accepts the dedication of a 303 square-foot roadway parcel (for road right-of-way purposes) from Onno Victor Van't Hof and Catherine Anne Van't Hof-Felsburg, situate at Kalopa, HamSkua, County and State of Hawaii, Tax Map Key (3)<1-4-008:060 (Por.), Lot 57-A-2 [o the County of Hawaii. Re: Comm. 807 Intr. By: Mr. Elarionoff Approved: PWIRC-64 Res. 263-02: Authorizes the acceptance of funds from AT&T Wireless Services, Inc., pursuant to Article X111, Section 13-12, Hawaii County Charter, for the payment of the costs of constructing a replacement radio system for the Hawaii County Police Department ($1,492,350). Re: Comm. 808 Intr. By: Mr. Safarik Approved: FC-299 Hawaii County Council-2 Page 4 December 18, 2002 Res. 264-02: Authorizes the Grant of Easements for Easements 2A, 3 and 4A for access purposes, and Easement 2B for utility purposes, located at the Kainaliu Diversion System, Honua`ino 1, North Kona, Island, County and State of Hawaii, Tax Map Key No.: (3)7-9-009:045, to Adele A. Yamagata and Kevin Harrington (Lot 24); Adele A. Yamagata (Lot 25); Richard A. Matsumoto, Trustee of the Richard A. Matsumoto Trust dated May 27, 1992, and Akemi Matsumoto, Trustee of the Akemi Matsumoto Trust Agreement dated May 27, 1992 (Lot 28): Paulino P. Gampon and Felisa T. Gampon, Trustees of the Gampon Family Revocable Living Trust (Lot 26); Nannette K. Harrington and John W. Doolittle (Lots 46 and 50); Sukeji Yamagata, "trustee of the Sukeji Yamagata Revocable Living Trust dated February 8, 1992, and Betty Toshiko Yamagata, Trustee of the Betty'Coshiko Yamagata Revocable Living Trust dated February 8, 1992 (Lot 33); and Lance D. Dassanee, Leland Michael Everett and Ida Iliff Perkins (Lot 31). Re: Comm. 810 Intr. By: Mr. Elarionoff Approved: PWIRC-65 Res. 265-02: Authorizes the Office of the Mayor to enter into an agreement w ith the United States of America, pursuant to HRS 46-7, for a Rural Fire Assistance Grant. {phis grant will he used for wildland fire training and equipment purchase, which will benefit [he public by having reduced fire loss, increased firefighter safety and training, and a reduction i? the occurrence and intensity of wildland fires with the urban interface.} Re: Comm. 813 Intr. By: Mr. Chung Approved: EC-303 Res. 19-03: Authorizes a Memorandum of Agreement between the State of Hawaii, Department of Hawaiian Home Lands and the County of Hawaii with respect to County services and delinquent real property taxes. {The purpose of this Memorandum of Agreement (Exhibit "A") is to clarify the respective roles, responsibilities, and obligations between the County of Hawaii and the Department of Hawaiian Home Lands relating to land use planning, infrastructure maintenance, enforcement of laws, and collection of taxes and other fees on Hawaiian home lands.} Re: Comm. 39 Intr. By: Mr. Arakaki (B/R) Waived: PC Hawaii County Council-2 Page 5 December 18, 2002 BILLS FOR ORDINANCES (FIRST READING) Bill 281: Amends Chapter 2, Article 16, of the Hawaii County Code 1983 (1995 Edition) Relating to Travel and Other Expenses. {Amends Subsection 2-96(a) of the Hawaii County Code, by increasing the meal allowance for overnight travel for breakfast ($5.00), lunch ($8.00) and dinner ($15.00).} Re: Comm. 811 Intr. by: Mc Chung Negative: PC-301 (due to the vote of 4 ayes, 4 noes & I excused) Bill 282: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 3Q, 2003. {Increases revenues of $93,800 from Building Permits, $30,800 from Electrical Permits and $15,400 from Plumbing Permits, for a total of $140,000; and appropriates $60,000 to Building Repair and Maintenance Other Current Expense and $80,000 to Building Repair and Maintenance Equipment, for a total of $140,000.} Re: Comm. 812 Intr. by: Mc Chung Approved: FC-302 Bill 283: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2003. {Appropriates $5,000 from Federal Grants -Rural Fire Assistance; credits same to the Rural Fire Assistance.) Re: Comm. 813 Intr. by: Mr. Chung Approved: FG304 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 264: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of (Draft 2) Hawaii for the fiscal year ending June 30, 2003. (Increases and appropriates revenues of $22,500 in the Sundry Revenues-Current Year and $70,000 from the Federal Grants -Erosion & Sediment Control; and appropriates $22,500 to the Kelly Lawsuit Settlement Compliance and $70,000 to the Erosion & Sediment Control -Federal.} Re: Comm. 758.3 Intr. by: Mc Chung I" Reading: November 20, 2002 Hawaii County Council-2 Page 6 December 18, 2002 Bill 273: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2003. {Appropriates revenues of $130,000 in the Federal Grants-Increasing Drug Analysis; and appropriates same to Increasing Drug Analysis Expenditure account.} Re: Comm. 785 Intr. by: Mr. Chung I" Reading: November 20, 2002 Bill 274: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2003. {Appropriates revenues of $75,000 in the Federal Grants- Pre-Disaster Mitigation -GIS Street Layer; and appropriates same to the Pre-Disaster Mitigation -GIS Street Layer Project.} Re: Comm. 792 Intr. by: Mr. Chung I" Reading: November 20, 2002 Bill 275: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawaii for the tscal year ending June 30, 2003. {Appropriates revenues of $30,000 in the Federal Grants -Pre-Disaster Mitigation -GIS Spatial Growth Model; and appropriates same to the Pre-Disaster Mitigation-GIS Spatial Growth Model Project. } Re: Comm. 794 Intr. by: Mr. Chung I" Reading: November 20, 2002 Bill 276: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 3Q 2003. (Appropriates revenues of $35,400 in the Federal Grants -Flood Hazard Mitigation; and appropriates same to the Flood Hazard Mitigation.} Re: Comm. 795 Intr. by: Mr. Chung 1 Reading: November 20, 2002 Bill 277: Amends Chapter 4, Hawaii County Code, 1983 (1995 Edition), as amended, relating (Draft 5) to Animals and the Regulation of Dangerous Dogs. Re: Comm. 796.4 Intr. bv: Ms. Pisicchio I" Reading: November 20, 2002 Hawaii County Council-2 Page 7 December 1 R, 2002 Bill 278: Amends Chapter 24, Article 8, Division 6, of the Hawaii County Code 1983 (1995 (Draft 2) Edition), relating to Parking for Disabled Persons. {This bill, which was introduced at the request of the Disability and Communication Access Board of the State of Hawaii. conforms provisions of the Hawaii County Code to those contained in Chapter 291. Par[ III, of the Hawaii Revised Statutes, and Chapter I I-219, Hawaii Administrative Rules. This bill repeals the six sections which comprise Chapter 24, Division 6, of the Hawaii County Code, and replaces them with eight new sections which are consistent with State law.}; Re: Comm. 797.1 Intr. by: Mr. Arakaki I" Reading: November 20, 2002 and Comm. 34: From Francine Wai, dated December 6, 2002, submitting testimony from Dean M. Georgiev, Chairperson, Disability and Communication Access Board_ relating to Bill 278, Draft 2. Bill 279: 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 $45,000 in the Federal Grants -Coordinated Services and $13,442 in the State Grants - Coordinated Services Purchase of Services; and appropriates $45,000 in the Coordinated Services- Equipment and $13,442 in the Coordinated Services Salaries and Wages.} Re: Comm. 798 Intr. by: Mr. Chung I Reading: November 20, 2002 REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the month ended REPORT: October 31, 2002. FC Rept. 300 Recommends the acceptance of four computers (total estimated value of $1,400) to the (G809): Department of Parks & Recreation by Na`alehu Main Street, Marge Elwell, President; and $30 to the Department of Parks & Recreation Kona Community Aquatic Center by Pat M. Aeder. Hawaii County Council-2 Page 8 December 18, 2002 REFERRALS FOR EXECUTIVE SESSION (The purpose of [he 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 of Members present - 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 HAWAII- ET AL., CIVIL NO. 02-00414SOM/LFK From Deputy Corporation Counsel Joseph K. Kamelamela, dated October I5, 2002. Deferred: November 8 and 20, 2002 Comm. 9: MARSHA KAKALIA V. COUNTY OF HAWAII, ET AL., CIVIL NO. 01-00274 SUM/BMK From Deputy Corporation Counsel Harry P. Freitas, dated November 20, 2002. Comm. I l: CLAIM AGAINST THE COUNTY BY HARPER RENTALS From Deputy Corporation Counsel Michael S. Kagami, dated November 27, 2002. Comm. 33: MARJORIE B. BACHILLER, F,T AL., VS. COUNTY OF HAWAII, E"I' AL., CIVII. N O. 00-1-0 175 From Deputy Corporation Counsel Harry P. Freitas, dated December 6, 2002. Comm. 35: MARK HANSON V. COUNTY OF HAWAII, CIVIL NO 02-00285 SOM/LEK From Deputy Corporation Counsel Harry P. Freitas, dated December 9, 2002. Comm. 36: KEALOHA M. J. WELLS, ET AL., V. MARK FARIAS, ET AL.. CIVIL NO. 02-I-0149K From Deputy Corporation Counsel Joseph K. Kamelamela, dated December 9, 2002. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, JANUARY 7, 2003 COMMITTEES TBA COUNCILROOM WEDNESDAY, JANUARY 8, 2003 COUNCIL 9:00 a.m. COUNCILROOM WEDNESDAY, JANUARY 22, 2003 COMMITTEES TBA COUNCILROOM THURSDAY, JANUARY 23, 2003 COUNCIL 9:00 a.m. COUNCILROOM Hawaii County Council-2 Page 9 December 18, 2002 STATEMENTS FROM THE 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, i[ 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 16, 2002. 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 Co [he 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 2S Aupmii 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, December 25, 2002, at 6 p.m.; Sunday, December 29, 2002, at 10:30 a.m.; and Wednesday. January I, 2003, at 6 p.m.