HomeMy WebLinkAboutAGE COUNCIL 06/18/2003 2002-2004 JAMES Y. ARAKAKI AARON S.Y. CHUNG
(~huvvrreur&Pn-seLny o/jirrr 6uf LENINGKAD ELARIONOFF'
FRED C HOLSCHUH, M.D.
.I. ('liRllS I~YLI~,K, III BOB,IACOBSON
~a~ r7nm~nevr ?•r~~;~~y~ BOBBY JF,AN LF.ITHEAD-TODD
JOEKEYNOLDS
GARY SAF'ARIK
COON"TY COUNCIL
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14°' Session (7
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ORDER OF BUSINESS o . ~
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I lawai'i County Council rv
Ghana Keauhou Beach Resort _D_''
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Room Kahalu'u 1
78-6740 Ali'i Drive
Kailua-Kona, Itawai'i
Wednesday, June 18, ?003
9:00 a.m.
INVOCATION Senior Pastor.Iames "~fex"'I~excira of Solid Rock Ministries
CALL TO ORDf:R
ROLL CALL.
PLEDGE OF ALL}iG1ANCE
APPROVAL OF MIND"Il?S Mug 7. ?00;
(Note: Please turn cell phones. pagers, and other mobile communication devices un silent mode.)
Hawaii Count} Council-Id Page June 18, 2003
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS
OF CONDOLENCE
STATF.MF,NTS FROM THE PUBLIC ON ITF,MS LISTED ON THF. ORDER OF BUSINESS
ORDER OF RESOLUTIONS
Res. 75-03: Suppors the Healthy Hawaii Prescription Drug Program;
(Draft 3)
Re: Comm. 243.3
Intr. hy: Mr. Jacobson
No Recommendation: IIS[?DC-4
and
Comm. 243 2: Opening remarks by Senator Ron Menor at an informational briefing regarding the
Healthy Hawaii Prescription Drug Program.
Res. 77-03: Authorizes the acceptance of a donation of a karaokc system to the Department of
Parks and Recreation's Elderh~ Activities Division. This donation is made by
M;. Salome Watanabe and has an estimated value of $1,135.;
Re: Conun.253
Intr. by: Mr. Safarih
Approved: PC-106
Res. 7R-03: Authorizes the Director of Finance to quitclaim a portion of the County's interest, and
to grant aright-of--entry to a portion of Kula'imano Homestead Road, identified as
Parcels I (Rev. I) and 4 (Rev. I containing areas of approximately 1,600 and
1,200 square feet respectively, between Tas Map Key Plats: (3)2-8-016 and 2-8-020,
and Plats (312-8-016 and 2-8-019 respectively, to the State of Hawaii. {Authorizes
thr transfer of a portion of the County road for a proposed highway project to the State
of Hawaii, Department of Transportation (widening the Hawaii Bel[ Road and
Kula'imano Road intersection).,;
Re: Comm. 254
Intr. by: Mr. Elarionoff
Apprrned: PWIRC-22
and
Comm. 254.1: Prom Cynthia Okinaka, dated Junc 3, 2003, and
Comm. 2542: From Rodney K. I laraga, Director, Department of lYansportatiun, State of Hawai' i,
dated April 16, 2003.
Ilawai`i County Council-I-i Page ± June 18, 2003
BILLS FOR ORUINANCF.S (FIRST READING)
Qill 260: Amends Chapter 14 (General Welfare) of the Iiawai'i County Code 1983
(Draft 3) (1995 Edition), as amended, relating to Smoking in Certain Places in the County of
Hawaii;
Rc: Comm.l3.89
Intr. by: Mr. Holschuh
Approved: I ISIiDC-3
and
Comm. 13.87: Petition submitted by Sam's Hideaway, dated Mai 12. 2003; and
Corom. 13.88: Petition submitted by the Kona Elks Lodge, dated May 13.2003; and
Comm. 13.90: Frum Tracie Yoshimoto, East Hawaii Coordinator, and Chris Dein-Gaughen, West
Hawaii Coordinator, Hawaii Island Tohacco-Free Partnership, dated May 14, 2003;
and
Comm. 13.91: Fmm Cynthia Mac Donald, dated May 7, 2003_ and
Comm. 13.92: From Bob and Lcilani S. Hino, dated May I5, _003; and
Comm. 13.93: Frum Janet Snyder, dated May 6, 2003; and
Comm. 13Ad: Frum Joseph W. Cherner, President Smoke Free f?ducational Services, Inc., dated
May I5. 20(13; and
Connn. 13.95: Frum Lani I<:q Mench-Ka'awaloa, dated May ? I. 2003; and
Comm. 13.97: From Nand .lane Lawrence, dated May 30, 20(13; and
Comm. 13.98: Frum Joan M. Greco-Hiranaka. D.D.S., President, Hawaii County Dental Society,
dated May 29, 2003; and
Comm. 13.99: From Ma'r~e Cawagas; and
Comm. 13.100: From Mayor Harry Kim, dated May 23, 2003; and
Comm. 13.101: From Diane Stone Leaf, dated .tune 2, 2003; and
Comm. 13.102: From Annette LaBonte. dated June 3, 2003; and
Comm. 13.103: From A. Stephen Woo, Jr., M.D., dated June d. 2003; and
Comm. 13.1 Od: Frum Hannah I Icdrick. National I?mphysema/COPD Association, dated May 28, 2003_
aml
Comm. 13.105: Frum Council Member FYed C. I lolschuh, M.D.; and
Comm. 13.106: Frum Council Member Fred C. Holschuh, M.D.: and
Comm. 13.107: Frum Hank Roberts, dated June 5. 2003: and
Comm. 13.1 OR: Frum Council Chair.Iames Y. Arikaki, dated Junu 6. 2003, transmitting [3ill 260,
Dralt and
113i113h0, DruJl d, continue.+~ urn next pc~k~e.)
flawai'i County Council-14 Page 1 .lure 18, 2003
Bill 260: Amends Chapter 14 (General Welfare) ofthe Hawaii County Code 1983
(Draft 4) (1995 P,dition), as amended, relating to Smoking in Certain Places in the County of
Hawaii. (Amendments in this bill are intended to address concerns raised by the
Mayor. 'fhe proposed changes relate to: insertion of a definition of "enclosed or
partially enclosed areas': the practicality and safety of pmhihiting smoking within 15
feet from an enclosed area; removal of a limit on hotel rooms which could he set aside
tin' smoking; permitting smoking in separate open air sections of restaurants:
escmpting bars; and permitting smoking in portions of private residences used for
diildcare, adult day care or health care facilities, which are not open to patients or
clients, or in houses divided Ui separate the clients' and owners' areas.;;
and
Conan. 13.109: I~rom Diane Stone Leaf, dated ,lone 6. 2003.
Bill 109: Amends Section 25-8-33 (City of Hilo Zonc Map), Article 8. Chapter 25 (Z_oning
(Draft Code) of the Hawaii County Code, by changing the district classification from Single
Family Residential (RS-10) to Industrial-Commercial Mixed (MCX-20) at Waiakea.
South Hilo, Hawaii, covered by "fax Map Key 3-2-50:14 (Approx. 22,500 sq. ft.).
{I. Kitagawa & Co., Ltd.. Applicant}
Re: Comm. 248.3
Intr. by: Ms. Lcithead-Todd
Approved: PC-40
Bill 110: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8. Chapter 25 (Zoning
(Draft 2) Code) of the t lawai'i County Code, by changing the district classification from Single
Pamih~ Residential (RS-10) to Industrial-Commercial Mised (MCX ?0) at Waiakea,
South Hilo, I Iawai'i, covered by Tax Map Key 2-'-5037 and 38
(Approx. 45.000 sq. ft.). (HAKS. Inc., Applicant.;
Kr. Comm. 249.^
Intr. b~: Ms. Lcithead-Todd
Approved: PC-41
Bill I I I: Amends Ordinance No. 9I-38, which reclassified lands from Single Family Residential
(RS-10) to Limited Industrial (ML-10) at Waiakea, South Hilo, Hawaii, covered by
Tax Map Key 2-2-3531 (Approx. 11,450 sq. R.). {flirayama Brothers Electrical, Inc.,
Applicant.)
Rc: Comm. 250
Intr. by: Ms. I,eithead-Todd
Approved: PC-42
Hawaii County Council-14 Page 5 June 18, 2003
Bill 112: Amends Ordinance No. 00-128 which rcclassilicd lands From Agricultural (A-la) [o
Neighborhood Commercial (CN ?0) at Keonepoko, Puna, Hawaii. covered by Tax
Map Kcy I-5-07:20 (Approx. 4.901 acres). {Paul Ogasawara, Applicant.;
Re: Comm. 251
Intr. by: Ms. Leithcad=fodd
Approved: PC-43
ORDER OF THE DAY (SH:COND OR FINAL READING)
Bill 36: Amends Chapter 20. of the Hawaii Counh~ Code 1983 (1995 F,dition), relating to
(Draft 5) Refuse Fee Schedule. ;Draft 5 amends Section 20-46(c) relating to Disposal Fees and
reflects the increase to the residential hauler's credit};
Re: Comm. 75.13
Intr. By: Mr. Safarik
I'' Reading: May 7, 2003
Deferred: Mav 21.2003
and
Comm. 75.14: Pram linvironmental Management Director Rarhara Bell, dated Ma_v 12, 2003,
transmitting Rill 36. Draft 6; and
Bill ±6: Amends Chapter 20, of the Hawaii County Code 1983 (1995 Edition), relating to
(Draft 6) Retiise Pee Schedule. ;Draft 6 amends Section 20-46(c) relating to Disposal Fees and
further refines and clarifies how the residential hauler's credit is determined and
audited.]; and
Comm. 75.15: From I~:nvironmcntal Management Director Barbara Bell, dated June 6, 2003,
transmitting Bill 36, Draft 7; and
Bill 36: Amends Chapter 20, of the Hawaii County Code 198 i (1995 lidition). relating to
(Draft 7) Refuse Pee Schedule. {Draft 7 addresses four issues: collection of receivables and
application of credits; privacy of records; simplification of address requirements; and
an annual analysis of Solid Wastewater Division expenses.;:
and
Comm. 75.16: Prom Michael Christensen, Kona Refuse Inc./Mr. Rubbishman, dated May 21, 2003.
(NOTE: There are pending motions by Mr. Safarik and duly seconded by Ms. Leithead-Todd to
(1) approve Bill 36, Draft 5, and (2) to amend Bill 36, Draft 5, with proposed Bill 36, Draft 6.)
Bill 101: Amends Chapter 19, of the Hawaii County Code 1983 (1995 Edition), relating to Real
(Draft 3) Property Taxes, by clarifying native forest dedications. ; Draft 3 amends
Section 19->9(b)(I) and Section 19-59(d). These amendments are intended to
accommodate smaller tut sizes and owners who w ish to have homesites.;
Nc: Conun.231.7
Intr. by: Mr. Chung
I" Reading: June 4,'003
llawai'i County Council-14 Page 6 .tune 18. 2003
Bill 107: Amends Chapter 2. Article 24 of the Hawai' i County Code 1983 (1995 Edition)
relating to the Service Charge assessed for payment to the County that is subsequently
dishonored {Allows the County of Hawaii to charge $20 fur each returned check or
other negotiable instrument. instead of the current $7.50 ser~~ice charge; also, to amend
the section to allow the fee to be charged for all dishonored payments.}
Re: Comm. 244
Intr. by: Mr. Chung
I Reading: .lone 4, 2003
Bill 108: Amends Chaptcr2, Article 18 ofthe Ilawai'i County Code 1983 (1995 Edition),
relating to Uncollectible Accounts. ~ Removal of the lime frame will allow the Counh~
to better reflect the true accounts receivable balances and collection efforts will
continue and ~~ill not he hampered.;
Ke: Comm. 245
Intr. hy: Mr. Chung
I"Reading: June 4, 2003
Bill 1 13: Amends Ordinance No. 02-76. as amended, the Operating Budget for the County of
Hawaii for the liscal year ending June 30, 200 i. ;Increases revenues of $2,255.783
from Federal Grants- Workforce Investment Act 2003; appropriates same to
Workforce Investment Act-Administration Planning 2003/04 ($225.577), Workforce
IncesUnenl Act -Adult Program 3003-04 ($720.71 Workforce Investment Act-
Dislocated Worker Program 300 ~-04 ($563,227). and Workforce Investment Act-
Youth Program 3003-04 ($746,264) for a total of $2 55,783.;
Kr. Comm. 252
Intr. bv: Mc Safarik
I" Reading: ,lure 4, 2003
Bill 114: Amends Ordinance No. OZ-76, as amended, the Operating Budget for the County of
Hawaii for the fiscal year ending June 30, 2003. ~ Increases revenues of $45,300 from
Occupant Protection Program; appropriates same k> Occupant Protection Program.}
Kc: Comm. 256
Intr. by: Mr. Chung
I" Reading: .tune 4. 2003
Hawaii County Council-Id Page 7 June 18, 2003
REPORTS
RF,FERRALS FOR EXECUTIVE SESSION
("The purpose of the meeting is to consult wide 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. 261: ARBI~I"RA~IION CONCERNING {1110 MUNICIPAL GOLF COURSE
EMPLOYEES. _ _
Prom Corporation Counsel Lincoln S. T. Ashida, dated .lone 2.2003.
OTHER BUSINF,SS
(Including but not limited ro ~onsideratiun of vetoed items, if any, or reconsideration of actions
on agenda items.)
ANNOUNCEMENTS
TUESDAY, JULY
12003
COMMITTEES TI3A COUNCILROOM
WEDNESDAY, JULY 2, 2003
COUNCIL 9:00 a.m. COUNCILROOM
I~UESDAY, JULY 22, 2003
COMMffTEES TBA COUNCILROOM
WEDNESDAY, JULY 23. 2003
COUNCIL 9:00 a.m. COI INCILROOM
STATEMENTS FROM THF. PUBLIC
ADJOURNMENT
(Note: 13/R, as listed next to the name of an Introducer, signifies that the Council Member 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 R~r persons with physical disabilities. Persons who need special accommodations
to attend this meeting should call 961-R255 by June 16, 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,
Ilawai'i 96740.
G<~yernment Access Felev,ision: Channel ~2 (Hilo and Kona) Wednesday, June 25, 2003, at 6 p.m.; Sunday,
June 29, 2003. at 10:30 a.m.; and Wednesday, .luly 2, 2003, at 6 p.m.