HomeMy WebLinkAboutAGE COUNCIL 02/05/2003 2002-2004 JAMES Y. ARAKAKI "O~ "4y AARON S.Y. CHUNG
Chalnnpn&PYesrding q(firer •6 LENINGRAD ELARIONOFF
FRED G HOLSCHUH, M.D.
L CURTIS TYLER, III BOB JACOBSON
BOBBY JEAN LEI THEAD-TODD
I lCP C~1811YIpOl) •••'h,At'•P'~
JOE REYNOLDS
GARY SAFARIK
COUNTY COUNCIL
Countt~ q/~Hawai'i
Hawaii County Building
25 Aupunr .Street
Hilo, Hawaii 96720
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ORDER OF BUSINESS
Hawaii County Council
Hilo, Hawaii
Wednesday, February 5, 2003
9:00 a.m.
INVOCATION Reverend Tag Taggart of the Center for Spiritual Growth
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawaii County Council-5 Page 2 February 5, 2003
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS
OF CONDOLENCE
Comm. 120: VISITATION BY GOVERNOR LINDA LINGLI?
From Council Member Leningrad Elarionoff, dated January 22, 2003, states the
Governor will address concerns raised by Council Members relating to island-wide
issues. Further states that her presentation will he an hour long and will be followed
by a break.
STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINF,SS
ORDER OF RESOLUTIONS
Res. 34-03: Authorizes the acceptance of a monetary donation of $1,000 to the Hawai' i County
Police Department. {Funds provided by the Hawaii Island Chapter of the Hawaii
Joint Police Association to be used towards the Hawaii County Police Department's
FII-PAL Program.}
Re: Comm. 102
Intr. by: Mc Chung
Approved: FC-41
Res. 35-03: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year
for amulti-year lease of real property for the EMS Ambulance Unit in Na`alehu.
{Their current lease expires on March I, 2003.};
Re: Conun.103
Intr. by: Mr. Chung
Approved: FC-43
and
Comm. 103.1: From Deputy Fire Chief Desmond K. Wery, dated January 27, 2003.
BILLS FOR ORDINANCES (FIRST READING)
Bill 17: Amends the State Land Use Boundaries Map, H-14 for the County of Hawaii, by
changing the district classification from the Agricultural to the Rural District at `Ouli,
South Kohala, Hawaii, covered by Tax Map Key 6-2-1 1:25 (Approx. 5.0005 acres).
{Robert D. Fischler, Applicant.}
Re: Comm. 46
Intr. by: Ms. Leithead-Todd
Approved: PC-13
Hawaii County Council-5 Page 3 February 5, 2003
Bill 18: Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district
classification from Agricultural (A-Sa) to Residential and Agricultural (RA ?a) at
'Ouli, South Kohala, Hawaii, covered by Tax Map Key 6-2-1 I :25
(Approx. 5.0005 acres). {Robert D. Fischler, Applicant.}
Re: Comm. 46
Intr. by: Ms. Leithead-Todd
Approved: PC-14
Bill 38: Amends the State Land Use Boundaries Map, H-7 for the County of Hawaii, by
changing the district classification from the Agricultural to the Urban District at
Hienaloli 2"`~ , 3rd and 4'~', North Kona, Hawaii, covered by Tas Map
Key 7-5-10:Portion of 52 and Portion of 65 (Approx. 10.02 acres). (Walter and
Susan Welton, Applicants.}
Re: Comm. 96
Intr. by: Ms. Leithead-Todd (B/R)
Approved: PC-15
Bill 39: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code)
(Draft 2) of the Hawaii County Code, by changing the district classification from Agricultural
(A-Sa) to Single Family Residential (RS-20) at Hienaloli 2id, 3`a and 4'~', North Kona,
Hawaii, covered by Tax Map Key 7-5-I O:Portion of 52 and Portion of 65
(Approx. 10.02 acres). {Walter and Susan Welton, Applicants.};
Re: Comm. 96.2
Intr. by: Ms. Leithead-Todd
Approved: PC-16
and
Comm. 96.3: From David O. Kish, dated January 2I, 2003; and
Comm. 96.4: From Harrilyn Wong, dated January 17, 2003; and
Comm. 96.5: From Diane Stone Leaf and Dr. Ted Leaf, dated January 18, 2003; and
Comm. 96.6: From Rab and Lynn Puri, dated January 21, 2003; and
Comm. 96.7: From Lolly Rodgers, dated January 19, 2003; and
Comm. 96.8: From Jerry Jernigan, dated January 20, 2003; and
Comm. 96.9: From Pamela Allegretto Franz and Ron A. Franz; and
Comm. 96.10: From David and Christine Hamilton, dated January 17, 2003; and
Comm. 96.1 1: From Daniel and Patricia Olson, dated January 16.2003; and
Comm. 96.12: From Joanne and John Scribner, dated January 20, 2003; and
Comm. 96.13: From Mark and Denise Jernigan, dated January 21, 2003.
Hawaii County Council-5 Page 4 February 5, 2003
Bill 40: Amends Section 25-8-4 (South Kona Zone Map), Article 8, Chapter 2S (Zoning Code)
(Draft 2) of the Hawaii County Code, by changing the district classification from Agricultural
(A-Sa) to Residential and Agricultural (RA-I a) at Waipunaula, South Kona, Hawaii,
covered by Tax Map Key 8-2-3:31 (Approx. 5.263 acres). {Daniel Decker,
Applicant.}
Re: Comm. 97.1
Intr. by: Ms. Leithead-Todd
Approved: PC-17
Bill 41: Amends the State Land Use Boundaries Map, I I-7 for the County of Hawaii, by
changing the district classification from the Agricultural to the Urban District at
Kalaoa 4`", North Kona, Hawaii, covered by Tax Map Key 7-3-10:29
(Approx. 8.2560 acres). {Dennis Young, Applicant.}
Re: Comm. 98
Intr. by: Ms. Leithead-Todd (B/R)
Approved: PC-18
Bill 42: Amends Section 25-8-3 (North Kona Zone Map), Article 8. Chapter 25 (Zoning Code)
(Draft 2) of the Hawaii County Code, by changing the district classification from Agricultural
(A-Sa) to Single Family Residential (RS-I S) at Kalaoa 4'~, North Kona, Hawaii,
covered by Tax Map Key 7-3-10:29 (Approx. 8.2560 acres). {Dennis Young,
Applicant.}
Re: Comm. 98.1
Intr. by: Ms. Leithead-Todd
Approved: PG19
Bill 43: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to
Vehicles and Traffic. {Proposed passenger loading zone located on the mauka-side of
Kino`ole Street. Puna-side of the old Hilo Hotel exit driveway as requested by Dr. John
Wohler, Director, Hilo After Hours Medical Clinic}
Re: Comm. 101
Intr. by: Mr. Elarionoff
Approved: PWIRC-12
Bill 44: 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 $1.000 from
Contribution/Donation from Private Source; appropriates same to HI-PAL Other
Current Expense.}
Re: Comm. 102
Intr. by: Mc Chung
Approved: FC-42
Hawaii County Council-5 Page 5 February 5, 2003
Bill 50: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and
financing thereof for the fiscal year July I, 2002 to June 30, 2003. {Adds PARKS
AND RECREATION -New Waikoloa- Ho'oko Street Park -District 9 ($550,000);
funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund
Balance and/or Other Sources ($550,000).};
Re: Comiro. 119
Intr, bv: Mr. Elarionoff
Waived: FC
2/3 Vote: Section 10-6(d), Hawai'i County Charter
and
Comm. 119.1: From Mayor Harry Kim, dated January 27, 2003.
ORDER OF THE DAY (SECOND OR FINAL READING)
Res. 31-03: Authorizes [he acquisition of private property by eminent domain, being a portion of
(Draft 2) Tax Map Key:(3)8-I-007:045, situate at Onouli 2 and Keopuka, South Kona, County
and State of Hawaii, for the development and construction of a bypass highway
between the vicinity of Keauhou and Captain Cook, Kona, Hawaii.
Re: Comm. 72.3
Intr. by: Mc Chung (B/R)
1" Reading: January 23, 2003
Bill 3: Amends Section 25-8-5 (Kailua Urban Zone Map) Article 8, Chapter 25 (Zoning
(Draft 5) Code) of the Hawaii Couniy Code, by changing the district classification from Single
Family Residential (RS-10) to Multiple Family Residential (RM-4) at Waiaha 1",
North Kona, Hawaii, covered by Tax Map Key 7-5-18:8 (Approx. 18.946 acres).
{Sunstone Realty Partners X, LLC, Applicant.}
Re: Comm. 18.16
Intr. bv: Ms. Leithead-Todd
I s' Reading: January 23, 2003
Bill 13: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and
financing thereof for the fiscal year July I, 2002 to June 30, 2003. {Adds POLICE; -
Microwave Relocation- Private- T-Mobile ($1,064,332.16); funds to be provided
from Private Contributions ($1,064,332.16).}
Re: Comm. 29
Intr. by: Mr. Safarik
1" Reading: January 23, 2003
2/3 Vote: Section IO-6(d), Hawaii County Charter
Hawaii County Council-5 Page 6 February 5, 2003
Bill 19: Amends Section 25-8-3 (North Kona District Zone Map), Article 8, Chapter 25
(Draft 2) (Zoning Code) of the Hawaii County Code, by changing the district classification
from Limited Industrial (ML-la) to Industrial-Commercial Mixed Use (MCX-la) at
Kaloko, North Kona, Hawaii, covered by Tax Map Key Nos. 7-3-51:66, 67, 68 and 69
(Approx. 4.38 acres). {Kaloko Development, Inc., Applicant.}
Re: Comm. 47.1
Intr. by: Ms. Leithead-T'odd
I" Reading: January 23, 2003
Bill 20: Amends Ordinance No. 02-76, as amended, the Operating Budget for [he County of
Hawaii for the fiscal year ending June 30, 2003. {Appropriates revenues of $24,000
from Federal Grants -Alcohol Reconstructionist appropriates same to Alcohol
Reconstructionist.~
Re: Camm.51
Intr. by: Mc Chung
I" Reading: January 23,2003
Bill 2I : 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 $6,338 from
Commercial Driver License (CDL) Program Income: appropriates same to Commercial
Driver License Program Equipment.}
Re: Comm. 52
Intr. by: Mr. Chung
1" Reading: January 23, 2003
Bill 22: Amends Ordinance No. 02-76, as amended, the Operating Budget Tor the County of
Hawaii for the fiscal year ending June 30. 2003. [Increases revenues of $32,650 from
Federal Grants -Sobriety Checkpoint Expansion; appropriates same to Sobriety
Checkpoint. }
Re: Comm. 53
Intr. by: Mr. Chung
I Reading: January 23, 2003
Bill 24: Amends Section 25-8-22 (Puna District "Lone Map), Article 8, Chapter 25 (Zoning
(Draft 2) Code) of the Hawaii County Code, by changing the district classification from Open
(O) and Agricultural (A-la) to Agricultural (A-Sa) at Kapoho and Halekamahina,
Puna, Hawaii, covered by Tax Map Key I-4-73:3. (Approx. 5.006 acres). {Rose
Marie Nathewitch & Samuel Hostetter, Jr., Applicants. }
Re: Comm. 58.1
Intr. by: Ms. Leithead-Todd
I" Reading: January 23, 2003
Hawaii County Council-5 Page 7 February 5, 2003
Bill 25: Amends the State Land Use Boundaries Map, H-59 for the County of Hawaii by
changing the district classification from the Agricultural to the Rural District at
Manowai`opae Homesteads, North Hilo, Hawaii, covered by Tax Map Key 3-5-4:77.
{Karl & RitaNobriga, Applicants.}
Re: Comm. 59
Intr. by: Ms. Leithead-Todd
I" Reading: January 23, 2003
Bill 26: Amends Section 25-8-19 (North Hilo District Zone Map), Article 8, Chapter 25
(Draft 4) (Zoning Code) of the Hawaii County Code, by changing the district classification
from Agricultural (A ?Oa) to Residential and Agricultural (RA-I a) at Manowai'opae
Homesteads, North Hilo, Hawaii, covered by Tax Map Key 3-5-4:77
(Approx. 3.80 acres). {Karl & Rita Nobriga, Applicants.}
Re: Comm. 59.3
Intr. by: Ms. Leithead-Todd
1" Reading: January 23,2003
Bill 27: 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 $3,000
from Federal Grants - Drinking/Driving Community Education Campaign;
appropriates same to Drinking/Driving Community Education.}
Re: Comm. 60
Intr. by: Mc Chung
I" Reading: January 23,2003
Bill 28: 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 $4,340
from Federal Grants -Project Incorporating Measures to Prevent Alcohol
Consumption by Teens (IMPACT); appropriates same to Project IMPACT. }
Re: Comm. 61
Intr. by: Mr. Chung
I" Reading: January 23, 2003
Bill 29: 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 $6,245
from Federal Grants -Equipment/Training Program; appropriates same to
Equipment/Training Program.}
Re: Comm. 62
Intr. by: Mr. Chung
I" Reading: January 23,2003
Hawaii County Council-5 Page 8 February 5, 2003
Bill 30: 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 $792
from Federal Grants -Crossing Guard Training; appropriates same to Crossing Guard
Training.}
Re: Comm. 63
Intr. by: Mc Chung
1" Reading: January 23,2003
Bill 31: 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 $5,995
from Federal Grants -Under 21 Surveillance; appropriates same to Under 21
Surveillance.}
Re: Comm. 66
Intr. by: Mr. Chung
I" Reading: January 23, 2003
Bill 32: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to
(Draft 2) Vehicles and Traffic Fee Schedule. {Increases the annual fee for abandoned vehicle
portion of the vehicle registration from $4 to $12. Proceeds from this fee are allocated
for the towing, removal, disposal and recycling of abandoned or discarded automobiles
and automobile parts.}
Re: Comm. 67.1
Intr. by: Mc Chung (B/R)
1" Reading: January 23, 2003
Bill 45: Authorizes the issuance of General Obligation Bonds of the Cormty of Hawaii for the
(Draft 2) purpose of financing various public improvements of the County of Hawaii; fixing the
form, denominations, and certain other details of such bonds and providing for their
sale to the public; and authorizing the issuance and sale of a like principal amount of
General Obligation Bond Anticipation Notes in anticipation of the issuance and sale of
such bonds. {Provides that the proceeds for up to $17,050,000 in general obligation
bonds be expended on the Kahului-Keauhou Parkway, ADA Ramp Compliance
Project, ADA Parks Facilities Compliance Project, the Public Safety Complex
Evidence-Warehouse/Radio Shop Complex, the Pahoa Village Resource Park (F'VRP)
and the Waikoloa Ho`oko Street Park (WHSP); provided that $1,250,000 and $550,000
of the actual amounts as necessary. whichever is less, are allotted towards the PVRP
and the WHSP, respectively.}
Re: Comm. 37.8
Intr. by: Mr. Chung
I" Reading: January 23, 2003
2/3 Vote: Rule 12(a), Council Rules of Procedure
Hawaii County Council-5 Page 9 February 5, 2003
Bill 46: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and
financing thereof for the fiscal year July I, 2002 to June 30, 2003. {Adds PARKS
AND RECREATION - Pahoa Village Resource Park ($1,250,000); funds to be
provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or
Other Sources ($1,250,000).}
Re: Comm. 106
Intr, by: Mr. Safarik
1" Reading: January 23, 2003
2/3 Vote: Section 10-6(d), Hawai`i County Charter
REPORTS
PW IRC Recommends the approval of the appointment of Ms. Sue M. Ota to the Hawaii
Rept. 10 County Transportation Commission.
(C-76):
PWIRC Recommends the approval of the appointment of Mr. Merle Martin to the Hawaii
Rept. 1 I County Transportation Commission.
(G76):
FC Rep[. 35 Recommends the approval of the appointment of Mr. Clifford N. Katninaka and
(C-77): Ms. Kaliko Chun to the Hawaii County Civil Service Commission.
FC Rept. 36 Recommends the approval of the appointment of Mr. Stephen H. Ono and Mr. Ronald
(C-78): Castillo, Jr., to the Hawaii County Liquor Control Adjudication Board.
FC Rept. 37 Recommends the approval of the appointment of Mr. Kerry Inouye and Mr. Joel
(C-79): Gimpel to the Hawaii County Board of Ethics.
FC Rept. 38 Recommends the approval of the appointment of Mc Tsukasa Ishii, Mr. Richard P.
(C-88): Rego and Mr. Paul W. Mann to the Hawaii County Salary Commission.
FC Rept. 39 Recommends the approval of the appointment of Mr. Sean T. Oda to the Hawai' i
(C-94): County Pension Board.
FC Rept. 40 Recommends the approval of the appointment of Mr. Yukio Takeya, Mc Carl F..
(C-105): Dionne and Ms. Leina'ala B. Enos to the Hawaii County Liquor Commission.
PEMC Rept. 2 Recommends the approval of the appointment of Mr. Dale E. Wilson, Ph.D., to the
(C-80): Hawaii County Veterans Advisory Committee.
PC Rept. 9 Recommends the approval of the appointment of Mr. Valta A. Cook and
(C-81): Mr. Hugo Coutandin to the Hawaii County Board of Appeals.
PC Rept. 10 Recommends the approval of the appointment of Mr. Leonard Tanaka to the Hawai' i
(C-82): County Water Board.
Hawaii County Council-5 Page 10 February 5, 2003
PC Rept. 1 I Recommends the approval of the appointment of Mr. Loren Heck to [he Hawaii
(C-82): County Water Board.
PC Rept. 12 Recommends the approval of the appointment of Mc Bill P. Thibadeau to the Hawaii
(C-104): County Planning Commission.
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. 40: WILLIAM SILVA, ET. AL. V. COUNTY OF HAWAII ET AL CIV NO 97-62~
From Corporation Counsel Linco6i S. T. Ashida, dated December 9, 2002.
Comm. I I5: CLAIM AGAINST THE COUNTY BY DEME'i'RIA ESPINA
From Deputy Corporation Counsel Michael S. Kagami, dated January_'3, 2003.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions
on agenda items.)
ANNOUNCEMENTS
MONDAY, FEBRUARY 10, 2003
PLANNING COMMITTEE 9:00 a.m. COUNCILROOM
WORKSHOP (GENERAL PLAN)
PUBLIC WORKS & INTER- 6:00 p.m. COUNCILROOM
GOVERNMENTAL RELATIONS
COMMITTEE WORKSHOP (SIGN CODE)
TUESDAY, FEBRUARY 1 I, 2003
PUBLIC WORKS & INTER- 6:00 p.m. KEALAKEHE IN TERMF,DIATF,
GOVERNMENT'AI. RELATIONS SCHOOL CAFETERIA
COMMITTEE WORKSHOP (SIGN CODF•,)
WEDNESDAY, FEBRUARY 19.2003
COMMITTEES TBA COUNCILROOM
THURSDAY, FEBRUARY 20, 2003
COUNCIL 9:00 a.m. COUNCILROOM
Hawaii County Council-5 Page I 1 February 5, 2003
STATEMENTS FROM THE PUBLIC
ADJOURNMENT
(Note: B/R, as listed nest to the name of an Introducer, signifies that the Councihnember 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 February 3, 2003. 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 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, February 12, 2003, at 6 p.m.; Sunday,
February 16, 2003, at 10:30 a.m.; and Wednesday, February 19, 2003, at 6 p.m.