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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 ('uunlr ~~J~Hnuzu'i llcm~ui'i C'nuntr Baildin,~ :I upuni .Sireei l7iL>, Hairai'i yh-_'0 O 14°' Session (7 Z~ z ~ ORDER OF BUSINESS o . ~ ~ _ ~ I lawai'i County Council rv Ghana Keauhou Beach Resort _D_'' rV 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.