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HomeMy WebLinkAboutAGE COUNCIL 03/19/2003 2002-2004 JAMES Y. ARAKAKI AARON S.Y. CHUNG <'6mnnnn R~ Preenhng gflir<~r 6~~ LENINGRAD ELARIONOFF FRED C HOLSCHUH, M.D. J. CURTIS TYLER, III BOB JACOBSON ~rc~-t'ha~nnan BOBBY JEAN LEITHEAD-TODD ~f pj~Mr JOE RF.,YNOLDS GARY SAFARIK COUNTY COUNCIL ('oan~r a/~H~nrru'i Havcii'i ('otmh~ l3uildin,t Aupuni S(reel Hilu. UaN~ai'i 9h X20 gbh SeSSIOn ORDER OP BUSINESS Hawaii County Council King Kamehameha~s Kona Beach I lotel Conference Room 4 75-5660 Palani Road Kailua-Kona, Hawaii Wednesday, March 19, 2003 9:00 a.m. INVOCATION Reverend Randy Gant of the Kona Church of the Nazarene CALL TO ORDER ROLL CALL PI.EDGF. OF ALLEGIANCI: APPROVAL OF MINU"I~F.S February 5, 2003 (Note: Please turn cell phones. pagers, and other mobile communication devices on silent mode.) Hawaii County Council-8 Page 2 March 19, 2003 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Presentation by Mayor Harry Kim and his staff to discuss the proposed West Hawaii Civic Center, its history, as well as its tentative plans for this project (Reference: Comm. 37.23). STATEMENTS FROM THF: PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 40-03: Authorizes the abandonment and exchange/sale of road rights-of-way w ith Christian Sieber, Jacqueline Victorino, Caroline Victorino and Colleen Victorino, Tax Map Keys: (3)2-9-004 (Portion), 2-9-004:035, 058 and 092. {Authorizes the abandonment and transfer of unused County rights-of--way for Kaiwiki Road to the above-named parties for the property upon which Kaiwiki Road currently exists.} Re: Comm. 137 Intr. by: Mr. Elarionoff Approved: PWIRC-13 Res. 42-03: Authorizes the Office of the Mayor to enter into an agreement with the State of Hawaii Department of Defense, State Civil Defense, pursuant to HRS 46-7, for the Emergency Operations Planning Program. {Funds will be used for the administration and completion of an approved Hav<ai'i County All Hazards Emergency Operation Planning Program.; Re: Comm.l48 Intr. by: Mr. Chung Approved: FC-58 Res. 43-03: Authorizes the Off ice of the Mayor to enter into an agreement with the State of I lawai' i Department of Defense, State Civil Defenx, pursuant to HRS 46-7, for the Citizen Corps Council and Community Emergency Response Team Programs. {Funds will be used for the ibrmation of a local Citizen Carps Council and to form or expand the Comnnmity Emergency Response Team (CER"f) training program.; Rc: Comm. 149 Intr. by: Mr. Chw~g Approved: FC-60 Hawaii County Council-8 Page 3 March 19, 2003 Res. 4403: Authorizes the Office of the Mayor to enter into an agreement with the State of Hawaii Department of Defense, State Civil Defense, pursuant to I IRS 46-7, for the FY 2002 State Domestic Equipment Program Grant Funds. {Funds will be used by the Hawaii County Police and Fire Departments to acquire specialized first responder's hasic defensive equipment.} Re: Comm. 150 Intr. by: Mc Chung Approved: FC-62 Res. 45-03: Authorizes the Off ice of the Mayor to enter into an agreement with the State of I lawai`i Deparhnent of Defense, State Civil Defense, pursuant to HRS 46-7, for the FY 2000 and FY 2001 State Domestic Equipment Program Grant Funds. {Funds will be used by the Hawaii County Police Department to acquire specialized first responder's basic defensive equipment} Ka Conun.151 Intr. b}': Mc Chung Approved: FC-64 Res. 46-03: Authorizes the acceptance ofa monetary donation of $600 to the Hawaii County Fire Department {Funds donated by W'al-Mart Hilo to the Hawaii County Fire Department for the purchase of educational materials to be distributed to the public in commemoration of Emergency Medical Services (IiMS) Week in May 2003.} Rc: Comm. 152 Intr. by: Mr. Chung Approved: FC-66 Res. 47-03: Transferring/appropriating an appropriation out and from the designated fund account(s) and crediting same to a designated fund account(s). {Transfers/appropriates $45.600 out and from the Provision for Compensation Adjustment- General Fund account credits same to the Employees Retirement System (ERS) Pension Accumulation Fund -General Fund account.) {The State Legislature approved a one- time Iwnp sum bonus of $200 for each retiree who is seventy years of age and older. I~his appropriation reflects the total bonus payment for County of Hawaii ERS retirees. } Re: Comm. 154 Into by: Mr. Chung Approved: FC-69 Hawaii County Council-8 Page 4 March 19, 2003 BILLS FOR ORDINANCES (FIRST READING) Rill 265: Amends Chapter 25 (Zoning Code) of the Hawai' i County Code, relating to Scenic (Draft 3) Corridor Overlay Districts. {This bill will serve as a policy framework for the creation of Scenic Corridor Overlay zones in the County of Hawai'i.;; Re: Comm.99A Intr. by: Ms. Leithead-Todd Approved: PC ~I and Comm. 99.10: From John [3. Ray, President, Hawaii Leeward Planning Conference, dated March 7, 2003. Bill ~5: Amrnds Chapter 24, of the Flawai'i County Code 1983 (199 Edition), relating to Vehicles and Traffic. {Installs a Yield sign along Kahoa Street at Bridge No. 26-5 in Honoli'i. Re: Comm.l32 Intr. by: Mr. Elarionoff Approved: PWIRGI4 Bill 56: Amends Section 25-8-33 (City of Hilo Lone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Single Family Residential (RS-10) to General Commercial (CG-10) at Waiakea Houselots, 2nd Series, Waiakea, South Hilo, Hawaii, covered by 'T'ax Map Key 2-2-2125 (Approx. 10,1 10 square feet). {Keith K. Yamakawa, DDS, Applicant.} Re: Comm.l34 Intr. by: Ms. Leithead-Todd Negative: PG22 (due to the vote of 4 ayes, 2 noes & 3 excused) Bill 60: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of I lawai'i for the fiscal year ending Junc 30, 2003. ;Appropriates revenues of $63,544 from Federal Grants- All Hazards Emergency Operations Planning; appropriates same to All I lazards Emergency Operations Planning.; Re: Comm.l48 Intr. by: Mc Chung Approved: FC-59 Hawaii County Council-R Page 5 March 19, 2003 Bill 61: 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 $31,632 from Federal Grants-Citizen Corps Council and Community Emergency Response Team; appropriates same to Citizen Corps Council and Community Emergency Response Team.; Re: Comm. 149 Intr. by: Mr. Chung Approved: FG61 Bill 62: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2003. {,lppropriates revenues of $91,051 from Federal Grants-Civil Defense Domestic Equipment Program-Civil Defense/Police-Fire; appropriates same to Civil Defense Domestic Equipment Program -Civil Defense/Police-Fire.} Re: Comm. 150 Intr. by: Mr. Chung Approved: FC-63 Bill 63: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of liawai`i for the fiscal year ending June 30, 2003. ;Appropriates revenues of $254,500 from Federal Grants-Civil Defense Domestic Equipment Program -Civil Defense/Police; appropriates same ~o Civil Defense Domestic F;quipment Program - Civil Defense/Police.; Rr. Comm. 151 Intr. by: Mr. Chung Approved: FC-65 Bill 64: 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 $600 from Contribution from Private Source: appropriates same to Pire Protection -Other Current Expense.; Re: Comm. 152 hrtr. by: Mr. Chung Approved: FC-67 Bill 65: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of llawai'i for the fiscal year ending June 30, 2003. {Increases revenues of $50,000 fran Seatbelt Innovative Demonstration - East I lawai'i; appropriates same to Seatbelt Innovative Demonstration-East Hawaii. Re: Comm. 153 hrir.by: Mr. Chung Approved: FC-68 Hawaii County Council-8 Page 6 March 19, 2003 Bill 66: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of I lawai'i for the fiscal year ending June 30, 2003. {Appropriates revenues of $31,333 from Federal Grants-Civil Defense Domestic Equipment Program; appropriates same to Civil Defense Domestic Equipment Program.; Re: Comm. 155 Intr. by: Mr. Chung Approved: FC-70 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 45: Authorizes the issuance of General Obligation Bonds of the County of Hawaii for the (Draft 4) 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. { Draft d amends the authorization to issue general obligation bonds by increasing the amount from $17,050.000 to $36,312,650 and adds the following 15 projects: ADA Department of Public Works h'acilities, ADA Playground Equipment Upgrades, Kuakini Highway Improvements, Ali'i Drive Oneo Bay hnprovements, Waimea'frails and Grcenways, Keopu Heights Feasibility Study, Palai Stream Feasibility Study, Upper Waiakea Stream Feasibility Study, South Hilo Landfill Closure -SORT Station, Queen Liliuokalani Collector Sewer, Kealakehe F.fBucnt Disposal, West Hawaii County Building (Civic Center), Puna County Complex, Fire Administration Facility, Captain Cook (South Kona) Police Station.}; Rc: Comm. 37 25 Intr. by: Mr. Chung I" Reading: January 33.2003 2"`~ Reading: Fehruary 5. 2003 Returned by Mayor: February 14, 2003 Reconsidered: February 2Q 2003 I leld over for 2"`~ Reading: March 7, 2003 2/3 Vote: Rule 12(a). Council Rules of Procedure and Comm. 37.23 From Mayor Harry Kim, dated March 3, 2003. Bill 51: Amends Chapter 2 of the Hawaii County Code 1983 (1995 Edition) relating to (Draft 2) Administration. {Amends Hawaii County Code Section 2-I 15, Exchange of Real Property, allowing for the exchange of real property for private property and waiver of the appraisal requirement where County roadways encroach into private property.} Rc: Comm. 122.1 Intr. by: Mr. Chung I" Reading: March 7. 2003 Hawaii Coun[y Council-8 Page 7 March 19, 2003 Bill 53: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of I Iawai'i for the fiscal year ending June 30, 2003. {Appropriates revenues of $40,000 from State Grants- Visitor Aloha Program; appropriates same to Visitor Aloha Program. Ra Comm.l29 Intr. by: Mr. Chung I" Reading: March 7, 2003 Bill 54: Amends Ordinance No. 02-76, as amended, the Operating Budget for [he County of Hawai`iforthefiscalyearendingJune30,2003. [Increases revenues of$1,100,000 from Fund Balance Reserve for Replacement Fund; appropriates same to Replacement Reserve Account.} Ro: Comm. 130 Intr. by: Mr. Chung (B/R) I" Reading: March 7, 2003 REPORTS PC Rept. 23 Recommends the approval of the appointment of Mr. William R. Graham to the (G 146): HaHai'i County Planning Commission. FC Rept. 56 Recommends the confirmation of Mr. James A. Frazier to the Hawaii County Police (G 143): Commission. FC Rept. 57 Rccornmends the confirmation of Ms. Linda S. Smith to the Hawaii County "Fax (G147): Board of Review. 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. 165: CLAIM AGAINST THF: COUNTY BY THE HARTFORD _ From Deputy Corporation Counsel Michael S. Kagami, dated March 6, 2003. Comm. 166: JOHN P. BRUN"fON, AKA, JACK BRUTON (BRUN"fON), VS. COUNTY OF' I IAWAI_I,, E I~ AL.; CIVIL N0. 02-00414 I~rom Deputy Corporation Counsel Joseph K. Kamelamela, dated March 10, 2003. Hawaii County Council-8 Page 8 March 19, 2003 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS WEDNESDAY, MARCH 19, 2003 COUNC'll, PUBLIC' HI?ARING 6:00 p.m. KING KAMEHAMEHA'S (OPERATING & CAPITAL KONA BEACH HOTEL IMPROVEMENT PROJEC'I~ BUDGETS) CONFERENCE? ROOM 4 TUESDAY, APRIL I, 2003 COMMITTEES TBA CY)UNCII,ROOM WE~;DNESDAY, APRIL 2, 2003 COUNCIL 9:00 a.m. COUNC'ILROOM ~IUESDAY, APRIL 15, 2003 COMMITTEES TBA COUNCILROOM WEDNESDAY, APRIL 16, 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 Council Member has agreed to introduce legislation "By Requesi' 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 961-825 by March U, 2003. Persons using TDDs may call 961-A521. Those desiring to speak on matters listed on the Order of Business must register at the County Clerk's OtTice 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 ofthe County Clerk at 25 Aupuni Street, Hilo, Hawaii 96720_ and the Coimh_ Council's Kona Branch Office at 77-6399 Nalani Street, Suite 104. Kailua-Kona, Hawaii 96740. Government Access l~clevision: Channel 52 (Hilo and Kona) Wednesday, March 26, 2003, at 6 p.m.; Sunday, March 30, 2003, at 10:30 a.m.; and Wednesday, April 2, 2003, at 6 p.m.