HomeMy WebLinkAboutAGE COUNCIL 01/08/2003 2002-2004 JAMES Y. ARAKAKI
('hummnn R Pre.wdm,q O((cr,. ~i:- • • AARON S.Y. C H U N <i
LENINGRAD ELARIONOFF
J. CURTIS TYLER, Ilf FRED C. HOLSCHUH, M.D.
l7ce C'ha~rman ~ ~ BOB JACOBSON
•'%o:~A+'~ 60BBY JEAN LF,ITHEAD-TODD
JOE REYNOLDS
GARY SAFARIK
COUNTY COUNCIL
County ojNawai'i
Hawai `i County 6uildinK
25 Aupuni Sireei
Hilo, Hawaii 96720
3`d Session
ORDER OF BUSINF,SS
Hawaii County Council
Hilo, Hawaii
Wednesday, January 8, 2003
9:00 a.m.
INVOCATION Reverend Tuck Wah Lee of Haili Church
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF M[NUTES November 20 and December 2, 2002 (10:00 a.m. and 3:00 p.m.)
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawaii County Council-3 Page 2 January 8, 2003
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS
OF CONDOLENCE
Comm. 84: PROPOSALS FOR CONSIDERATION RELATING TO THE 2003 HAWAII
STATE ASSOCIATION OF COUNTIES (HSAC) LF.GISLATfVE PACKAGE
From HSAC President J. Curtis Tyler, III, dated December 30, 2002, submits the
following legislative issues for consideration relating to the 2003 HSAC Legislative
Package. These measures will be discussed at the January I5, 2003, HSAC Esecutivc
Committee meeting:
I) Requests support of proposed legislation relating to the counties receiving the
unadjudicated fines and forfeitures monies; and
2) Requests approval of a bill relating to State and County Immunity from Tort
Liability; Hazardous Recreational Activities; and
3) Consideration of Resolution No. 02-292, submitted by City and County of
Honolulu Councilmember Romy M. Cachola, relating to Supporting a Policy
Under Which All Counties Share in the Cost of a Lawsuit E3rought by a
County Against the State or Other Governmental Entity that may Benefit All
Counties.
Waived: PWIRC
STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS
ORDER OF RESOLUTIONS
Res. 9-03: Authorizes the acceptance of a donation of real property (valued at $3.427.73) from
Kaiwiki Properties, LLC, and RS Williams, LLC, Tax Map Key: (3)2-8-015:002
(Portion), Lot I, Honomu Transfer Station Access Road.
Re: C'omm.2
Intr. by: Mc Elarionoff
Approved: PWIRC-1
Res. 10-03: Authorizes the Office of the Mayor to enter into an agreement with the State of
Hawaii, Hawaii Community College for its rural development project to support the
Hawaii County Resource Center. {The Hawaii County Resource Center, established
within the Department of Research and Development, provides technical support and
assistance for County Agencies and community-based organizations in the area of
grant writing. }
Re: Comm.6
Intr. by: Mr. Chung
Approved: FC-I
Hawaii County Council-3 Page 3 January 8, 2003
Res. I I -03: Authorizes the Mayor to enter into a Cooperating Technical Partners Partnership
Agreement with the Federal Emergency Management Agency (FF,MA). {The primary
purpose of this agreement is to establish up-to-date flood hazard data and a Digital
Flood Insurance Rate Map (DFIRM) for the South Kohala area.}
Re: Comm. 10
Intr. by: Mc Elarionoff
Approved: PWIRC'-2
Res. 12-03: Authorizes the abandonment and exchange of Road Remnants L 2, and 3, for
Lots 9-A-2, 9-B-2, and 10-A-2, situate at Ahualoa Homesteads, District of Hamakua,
Island and County of Hawaii, State of Hawaii, being portions of Tax Map
Keys:(3)4-6-010:005 and 007. {Kahana Road Exchange.}
Re: Comm. 14
Intr. by: Mc Elarionoff
Approved: PWIRC-3
Res. 13-03: Authorizes the Office of the Mayor to enter into an agreement with the State of
Hawaii, Hawaii Tourism Authority, pursuant to HRS 46-7, for a Greetings Program
Grant. {This grant addresses the increasing number of cruise ships calling at Hawaii
ports and provide funding in support of the counties' programs throughout the State of
Hawai`i.}
Re: Comm. 24
Intr. by: Mr. Chung
Approved: FC-4
Res. 14-03: Authorizes the Office of [he Mayor to enter into an agreement with the Hawai' i State
Emergency Response Commission and State Civil Defense to establish the framework
for funding of the project to update the Emergency Response Plan of the Hawai i
County Local Emergency Planning Committee.
Re: Comm. 26
Intr. by: Mr. Chung
Approved: FC-7
Res. I5-03: Authorizes the Office of the Mayor to enter into an agreement with the State of
Hawaii Department of Human Services, Office of Youth Services, pursuant to
HRS 46-7, for a Title V Juvenile Delinquency Prevention Program Grant {This grant
will create or expand prevention program(s) that address juvenile delinquency risk
factors identified in the Hawaii County comprehensive strategic plan forjuvenile
justice.}
Re: Comm. 27
Intr. by: Mr. Chung
Approved: FC-9
Hawaii County Council-3 Page 4 January 8, 2003
Res. 16-03: Authorizes the Office of the Mayor to enter into an agreement with the United States of
America, pursuant to HRS 46-7, for a Community Oriented Policing Services (COPS)
Technology Grant. {This grant will provide equipment and training to improve the
computer capabilities within the Police Dispatch Section.}
Re: Comm. 28
Intr. by: Mr. Safarik
Approved: FC-II
Res. 18-03: Authorizes the Office of the Mayor to enter into an agreement with the State of
Hawaii Department of the Attorney General, Crime Prevention and Justice Assistance
Division, pursuant to HRS 46-7, for a Victim Services Coordinator Grant {This grant
will be used to hire a Victim Services Coordinator to service the on-going needs of
victims from domestic violence/sexual assault while their cases remain under
investigation.
Re: Comm. 31
In[r. by: Mc Chung
Approved: FC-14
Res. 20-03: Transfers/appropriates an appropriation out and from the designated fund account(s)
and credits same to a designated fund account(s). {Transfers/appropriates $2,000 out
and from the Clerk-Council Services -Contingency Relief account; credits same to the
Department of Parks and Recreation, Elderly Activities Division, Miscellaneous
Contract Services account.} (The Kailua Seniors of Hale Halawai will be celebrating a
Special 38°i Anniversary luncheon on March 5, 2003, and will encompass all of
West Hawaii targeting between 300 to 500 senior citizens.)
Re: Comm. 48
Intr. by: Mr. Tyler
Waived: FC
Res. 22-03: Removes the County Council's proviso in the Operating Budget prohibiting out-of-
state travel by the County Council and Clerk's Office personnel for the fiscal year
beginning July 1, 2002 to June 30, 2003. {Removal of the proviso will benefit the
County by expanding the knowledge, experience and network of Councilmembers
and/or staff through visitations and informative discussions with other municipalities. }
Re: Comm. 55
Intr. by: Mr. Arakaki
Waived: FC
Hawaii County Council-3 Page 5 ,lanuary 8, 2003
Res. 32-03: Supports a Veterans Administration (VA) State Home for long-term veterans care in
[he County of Hawaii. {Urges the Hawaii State Legislature to appropriate
$8.4 million for the VA State Home project to satisfy the VA's requirement that 35%
of the anticipated $24 million project be provided by a source other than the federal
government}
Re: Comm. 74
Intr. by: Mr. Holschuh
Waived: HSEDC
BILLS FOR ORDINANCES (FIRST READING)
Bill 262: Amends Chapter 24 of the Hawaii County Code 1983 (1995 Edition), relating to
(2002) Vehicles and Traffic, to establish parking zones at the Aupuni Center. {Includes the
new eight-hour parking meter zone at the Aupuni Center parking lot fronting Kilauea
Avenue, at the rate of 25 cents per two hours, and includes the new two-hour parking
areas at the Aupuni Center along the northwest (Pauahi Street) and southwest (Kilauea
Avenue) sides of the Aupuni Center Building.}
Re: Comm. 756
Intr. by: Mc Elarionoff
I Reading: October 23, 2002, and referred back to
PWIRC (Reference PWIRC-57)
No Recommendation: PWIRC-4 (due to the vote of 3 ayes, 3 noes &
3 excused)
Bill 272: Amends Chapter 24 of the Hawaii County Code 1983 (1995 Edition), relating to
(2002) Vehicles and Traffic, to clarify the Director of Public Works' authority to regulate
parking at County facilities. {Includes the new Aupuni Center facility; parking at such
facilities to include public off-street parking, employee parking, and special parking;
authority to establish employee parking regulations; and authority to issue special
permits for special events.}
Re: Comm. 782
Intr. by: Mr. Elarionoff
No Recommendation: PWIRC-5 (due to the vote of 3 ayes, 3 noes &
3 excused)
Bill 1: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code, by deleting a portion of the proposed 120-foot
Saddle Road right-of--way between Kaumana Estates Subdivision and Kaumana Ci[y
Subdivision at Kaumana and Ponahawai, South Hilo, Hawaii, covered by `i'ax Map
Plats 2-5-1, 2-5-2, 2-5-3, 2-5-55 and 2-6-62. {Planning Director, Initiator.}
Re: Comm. l b
Intr. by: Ms. Leithead-Todd (B/R)
Approved: PC-I
Hawaii County Council3 Page 6 January 8, 2003
Bill 2: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code, by deleting the proposed 80-foot Kawili Street
right-of-way, between Kino'ole Street and Kilauea Avenue at Waiakea, South Hilo,
Hawaii, covered by Tax Map Plats 2-2-26 and 2-2-38. {Planning Director, Initiator.;
Re: Comm. l7
Intr. by: Ms. Leithead-Todd (B/R)
Approved: PC-2
Bill 4: Amends Section 25-8-23 (Volcano - ML View Lone Map), Article 8, Chapter 25
(Zoning Code) of the Hawaii County Code, by changing the district classification
from Single Family Residential (RS-20) to Village Commercial (CV-20) at `Ola`a,
Puna, Hawaii, covered by Tax Map Key I-9-4:Portion of 14 (Approximately 1.416
acres). {Maurice Thomas, Applicant.};
Re: Comm. l9
Intr. hy: Ms. Leithead-Todd
Negative: PC-4 (due to the vote of 3 ayes, 3 noes & 3 excused)
and
Comm. 19.12: From Kathleen Porter, dated December 12, 2002.
Bill 5: 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 $4,000 from
Periodic Motor Vehicle Inspection Program; appropriates same to Periodic Motor
Vehicle Inspection Program Equipment.}
Re: Comm. 20
Intr. by: Mc Chung
Approved: FC-2
Bill 6: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition) relating to
Vehicles and 'Traffic. {Adds the Mohouli Street Extension to the appropriate 35 and
45 mph sections. The amendment conforms to the approved Mohouli Street Extension
project construction plans and specifications for Federal Aid Project
No. STP-2790(1).}
Re: Comm. 22
Intr. by: Mr. Elarionoff
Approved: PWIRC-6
Hawaii County Council-3 Page 7 January 8, 2003
Bill 7: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and
financing thereof for the fiscal year July I, 2002 to June 3Q, 2003. {Adds PUBLIC
WORKS -Bridge Inspection and Appraisals Project ($52,000); funds to he provided
from Federal Grants Receivables ($52,000).}
Re: Comm. 23
Intr. by: Mr. Chung
Approved: FC-3
2/3 Vote: Section 10-6(d), Hawai'i County Charter
Bill 8: 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
from State Grants- Greetings Program; appropriates same to Greeting Program.}
Re: Comm. 24
Intr. by: Mc Chung
Approved: FC-5
Bill 9: 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 $1,500 from
Federal Grants -Sex Assault Nurse Coordinator; appropriates same to Sex Assault
Nurse Coordinator }
Re: Comm. 25
Intr. by: Mr. Chung
Approved: FC-6
Bill 10: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of
Hawaii for the fiscal year ending June 30, 2003. {Increases and appropriates revenues
of $6,240 from State Grants -Local Emergency Planning Committee and $24,960
from Federal Grants -Local Emergency Planning Committee, for a total of $31,200;
appropriates $31,200 to Local Emergency Planning Committee.}
Re: Comm. 26
Intr. by: Mr Chung
Approved: FG8
Bill 11: 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 $103,550
from Federal Grants -Juvenile Delinquency Prevention; appropriates same to Juvenile
Delinquency Prevention.}
Re: Comm. 27
Intr. by: Mr. Chung
Approved: FC-10
Hawaii County Council-3 Page 8 January 8, 2003
Bill 12: 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 $150,000
from Federal Grants -Community Oriented Policing Services Technology;
appropriates same to Community Oriented Policing Services Technology.}
Re: Comm. 28
Intr. by: Mr. Safarik
Approved: FC-12
Bill 14: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of
Hawaii for [he tscal year ending June 3Q 2003. {Increases revenues of $163,000
from Fund Balance from Previous Year; appropriates $15,000 to Clerical Services
Center Salaries & Wages, $80,000 to Real Property Tax -Other Current Expense,
$10,000 to Collective Bargaining Expense, $10,000 to Health and Safety Other Current
Expense, $23.000 to Police Administration Division -Other Current Expense, and
$25,000 to Mooheau Bus Terminal, for a total of $ 163,000. }
Re: Comm. 30
Intr. by: Mr. Chung
Approved: FC-13
Bill I5: Amends Ordinance No. 02-76, as amended, [he Operating Budget for the County of
Hawaii for the fiscal year ending June 3Q 2003. {Appropriates revenues of $34,000
from Federal Grants -Victim Services Coordinator; appropriates same to Victim
Services Coordinator.}
Re: Comm. 31
Intr. by: Mr. Chung
Approved: FC-IS
Bill 23: 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 POLICE -
Microwave Relocation-Private ($1,492,350); funds to be provided from Private
Contributions ($1,492,350).}
Re: Comm. 54
Intr. by: Mr. Safarik
Waived: FC
2/3 Vote: Section 10-6(d), Hawai'i County Charter
Hawaii County Council-3 Page 9 January 8, 2003
ORDER OF THE DAY (SECOND OR FINAL 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: Mr. Chung
I" Reading: December 18, 2002
Bill 282: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of
Hawaii for the tscal year ending June 30, 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: Mr. Chung
1" Reading: December 18, 2002
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 [o the Rural Fire Assistance.}
Re: Comm. 813
Intr. by: Mr. Chung
1"Reading: December 18, 2002
REPORTS
FINANCIAL Monthly Financial Status Report from the Department of Finance for the month ended
REPORT: November 30, 2002.
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. 11: CLAIM AGAINST THE COUNTY BY HARPER RENTALS
From Dcputy Corporation Counsel Michael S Kagami, dated November 27, 2002.
Deferred: December 18, 2002
Comm. 38: CLAIM AGAINST THE COUNTY BY CHRIS HECHT
From Deputy Corporation Counsel Michael S. Kagami, dated December 3, 2002.
Hawaii County Council-3 Page 10 January 8, 2003
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions
on agenda items.)
ANNOUNCEMENTS
WEDNESDAY, JANUARY 22. 2003
COMMITTEES TBA COUNCILROOM
THURSDAY, JANUARY 23, 2003
COUNCIL 9:00 a.m. COUNCILROOM
TUESDAY, FEBRUARY 4, 2003
COMMITTEES TBA COUNCILROOM
WEDNESDAY, FEBRUARY 5. 2003
COUNCIL 9:00 a.m. COUNCILROOM
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, it does not necessarily signify their
support of or opposition to the proposal.)
i'he meeting place is accessible for persons with physical disabilities. Persons who need special accommodations
to attend this meeting should call 961-8255 by January 6, 2003. Persons using TDDs may call 961-8521. Those
desiring to speak on matters listed on [he Order of Business must register at the County Clerk's Office prior to the
convening of the meeting. Copies may be viewed at [he 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, January I5, 2003, at 6 p.m.; Sunday.
January 19, 2003, at 10:30 a.m.; and Wednesday, January 22, 2003, at 6 p.m.