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HomeMy WebLinkAboutAGE COUNCIL 07/23/2003 2002-2004 JAMES Y. ARAKAKI ~`•~--°i"~, AARON S,Y. CHUNG l~hnu~new e'~ Preerding OJjarr ~ e LENINGRAD ELARIONOPE FRF_D C. HOISCHUH, M.U. J. CUR I~IS TYLER. 111 BOB JACOBSON I'a~e [7uurman ~K a,w~r~~ BOBBY JEAN LEITH EAD-TODD JOEKEYNOLDS GARY SAFARIK COUNTY COUNCIL ('nvn(r njH~nrai'i Hcnrai'i C'oun/}' 6uildinK Aa~puni.S~reel Hilo. Hawaii 96~-?0 O ~ C.J L DO 1C" Z L T~ 16'x' Session ~ ` ~ - _ - 3 ORDER OF BUSINESS ' s Hawaii County Council Hilo, Hawaii Wednesday..luly 23, ?003 9:00 a.m. INVOCATION Pastor Linda Petrucelli ot~the United Community Church CALL "1'O ORDEK ROLL CALL. PLF?DGC? OP ALLEGIANCE APPROVAL OFMWU"I~}~-S May 21, ?003 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County Council-16 Page 2 July 23, 2003 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATF,S OF MERIT AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINF,SS ORDER OF RESOLUTIONS Res. 81-03: Authorizes the acceptance of a monetary donation of $600 to the Hawaii County Fire Department {Donation made by Wal-Mart Kona. funds are earmarked for purchase of educational materials to be distributed to the public in commemoration of Fire Prevention Week, October 5-I I, 2003.; Re: Conun.270 Intr. by: Mc Chung Approved: FC-I 10 Res. 82-03: Authorizes the Office of the Mayor to enter into an agreement with the State of I lawai`i Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the FY' 2003 State Homeland Security Grant Program. {Program funds to be used for the purchase of specialized equipment to enhance state and county capability to respond to incidents of terrorism involving the use of chemicah biological, radiological, nuclear or explosive (CBRNE) weapons, and also provides fur protection of critical infrastructure and prevention of terrorist incidents; for costs related to the design, development, conduct and evaluation ofCBRNF Training Program; and for costs associated with implementing each state's Homeland Security Strategy.} Re: Comm. 271 Intr. by: Mr. Chung Approved: FC-112 and Comm. 271.1: From Director of Finance William Takaba, dated July I I, 2003, transmitting Resolution 82-03, Draft 2; and Res. 82-03: Authorizes the Office of the Mayor to enter into agreements with the State of Hawaii (Draft 2) Department of Deicnse, State Civil Defense, Pursuant to I IRS d6-7, for the FY 2003 State Homeland Security Grant Program. {Draft 2 authorizes the Mayor to enter into multiple agreements (instead of one agreement) pertaining specifically to the State Homeland Security Grant Program.; Hawaii County Council-16 Pagc 3 July 23, 2003 Res. 83-03: Authorises the Office of the Mayor to enter into an agreement with the Research Corporation of the University of Hawaii (RCUH), pursuant to FIRS 46-7, for a Tide V Juvenile Delinquency Prevention Program ro be implemented at the l,anakila Learning Center {Funds to be used to address transportation, curriculum supplies and equipment needs as well as provide job training incentives and after-school recreation activities for "at risk" students.} Rc: Conun.272 Intr. by: Mr. Chung Approved: FG114 Rcs. R4-03: Authorizes the Office of the Mayor to enter into an agreement with Laupahoehoe High and Elementary School. Pursuant to HRS 46-7, for a Title V Juvenile Delinquency Prevention Program. (Funds to be used to expand their Native Hawaiian Community- Based Education Learning Center providing services to students from kindergarten to grade 12, including tutoring, diagnostic testing. time management counseling and career-related activities to develop skills for success in the workplace and home, and development of leadership skills.; Ke: Comm. 273 Intr. by: Mr. Chung Approved: FC-I IS BILLS FOR ORDINANCES (FIRST READING) Bill I I5: Amends Section 25-8-5 (Kailua Urban 7.one Map), Article 8, Chapter 25 (Zoning Code) of the I lawai'i County Code, by changing the district classification from Multiple Family Residential (RM-I) to Village Commercial (CV-7.5) at Honuaula, North Kona. tiawai`i, covered by 'I ax Map Key 7-5-22:40. (Approx. 7,500 square feet.) ;Chgstal T. Yamasaki, applicant.} Kc: Comm. 257 Intr. by: Ms. Leithead-Todd Approved: PC-45 Bill 117: Amends Chapter 4. Section 4-32.1, Hawaii County Code 1983 (1995 edition) relating (Draft 2) to the [raining; appointment; powers of humane officer. {Transfers duties for training. appointment and authorization of power of humane officers from the Finance Director to die Police Chief.) Ke: Comm. 267.1 Intr. by: Mc Chung Approved: FC-108 Ilawai'i County Council-16 Page a .luly 23, 2003 Bill 118: Amends Chapter 2 of the Hawaii County Code 1983 (1995 edition), as amended, (Draft 2) relating to sister city relationships. Re: Comm. 268.1 Intr. by: Mr. Arakaki Approved: PWIRC-23 Bill 119: Amends Ordinance No. 03-9I, as amended, the operating budget for the County of I Iawai'i for the tiscal year ending June 30, 2004. }Increases revenues of $600 in the Contribution from Private Source; appropriates same to Fire Protection-Other Current Es pen ses. } Rc: Comm. 270 Intr. by: Mr. Chung Approved: FC-Ill Bill 120: Amends Ordinance No. 03-9I, as amended, the operating budget for the County of Hawaii for the fiscal year ending June 30, 2004. {Appropriates revenues of $599,400 in the Federal Grants -State Homeland Security Grant Program; appropriates same to State Homeland Security Grant Program.} Rc: Comm. 271 Intr. by: Mr. Chung Approved: FC-113 and Comm. 271.1: From Direclorof Finance William Takaba, dated July I I, 2003, transmitting Bill 120, Draft Z; and Bill 120: Amends Ordinance No. 03-91, as amended, the operating budget for the County of (Draft 2) Hawaii for the tiscal year ending June 30, 2004. {Draft 2 appropriates additional rc~ enues of $2,250,000 in the Federal Grants -State Homeland Security Grant Program -Part I I, for a total of $2,849.400; appropriates same to State Homeland Security Grant Program - Part I I, for a total of $2,849A00.} Hawaii County Council-16 Page 5 .luly 23, 2003 ORDER OF THE DAY (SH;COND OR FINAL READING) Bill 260: Amends Chapter 14 (General Welfare) of the I lawai'i County Code 1983 (Draft 8) (1995 Edition), as amended, relating to Smoking in Certain Places in the County of Hawaii. (The purpose of this bill is to expand the present prohibitions of smoking in certain places, contained in Chapter 14, Article 4 of the Hawaii County Code. Draft 8 is the form of bill with all applicable changes made to date. The major amendments contained in Draft 8 are as follows: (I) exemption for bars but excluding nightclubs; (2) amended definitions of "bar," "enclosed or partially enclosed area," and "nightclub": and (3) the provision relating to private residences used as child, adult da_v or health care facilities would apply only during hours of operation.; Re: Comm. 13286 Intr. by: Mr. Holschuh I"Reading: June 18, 2003 NOTE: At the conclusion of the Council's July 2 meeting, Draft 5 of the bill was amended by a proposed Draf[ 6, as further amended. Because the bill was substantively amended nn .luly 2, pursuant to Council Rules, second and final reading was deferred. A motion to pass the Bill 260, as amended, is pending. and Comm. 13.225: From Robert Reed; and Comm. 13.279: Frum I,orrainc Ellison, postcard; and Comm. 13.280: From Leta Schooley, dated July 9, 2003; and Comm. 13.281: From Joe Cherner, dated July 3, 2003; and Comm. 13.282: Article entitled, '`Fhe EPA's Secondhand Smoke C parade"; and Comm. 13 283: Frum Pred & Diane Holschuh, dated .luly 10, 2003; and Comm. 13284: Frum Steven J. I Iironaka. General Manager, Nihon Restaurant, dated July 10, 2003; and Comm. 13 285: From Christi Wagner; and Cumin. 13 287: From I.egislati~e Auditor Connie Kiriu, dated Juh 14, 2003, submitting comments relating to identification of inconsistencies and suggestions for appropriate amendments regarding BiII 260, Draft 8; and Comm. 13 28R: Frum Council Member Bobby Jean Leithead-Todd. dated .luly 14.2003, supporting Mr. Holschuh's amendments to Bill 260. Draft 8, and clarifying references to nightclubs being deleted in Sections 14 ? I(a)(2) and 14-22(a)(3), making the bill more consistent in its application; and Comm. 13 289: From Council Member Fred Holschuh, dated July ld, 2003, submitting his ob~er~~ations and comments relating to: (I) amending the definition of "bar" and "enclosed or partially enclosed area", (2) inclusion of an exemption for separate bar areas in restaurants until March I. 2005; and (3) exempting nightclubs; and Comm. 13.290: From C. R. Seifert, II. President, Seifert Enterprises, Inc., Charley's Bar & Grill, dated Juh~ I I, 2003. Comm. 1329E From Council Member Leningrad Elarionoff, dared .luly 15.2003, clarifying his position to permit smoking in nightclubs as it is allowed in bars. Hawaii Counh Council-16 Page 6 ,luly 23, 2003 Bill 47: Amends Chapter 25, of the Hawaii County Code 1983 (1995 Edition), relating to (Draft 3) Zoning (Permitted Uses in [he Industrial Commercial Mixed Use (MCX) District). Re: Comm. 114.2 Intr. by: Ms. Leithead-Todd I" Reading: July 2, 2003 Bill 116: Amends the State Land Use Boundaries Map. H ~5 for the County of f lawai'i, by changing the district classification from the Agricultural to the Rural District at `Ouli, South Kohala, Hawaii, covered by Tar Map Kcy 6-2-9:9. {Erwin L. Baldwin, Applicant.} ;Revises Ordinance 03-70 (Bill 71) which was effective on May 13. 2003. A portion of the description (Number 3) was inadvertently not printed in the approved ordinance.} Re: Comm.l68.1 Intr. by: Ms. Leithead-Todd I" Reading: July 2, 3003 REPORTS FC Rept. 109: Recommends the acceptance of a donation of a 19" TV/VCR from the Kmart (Comm. 269) Corporation for use by the Department of Parks & Recreation, Aquatics Division, for use by all pool facilities to teach American Red Cross Water Safety classes. REFERRALS FOR EXECIITIVF. 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 I Z of Rules oC Procedure of the County Council.) Comm. 2A3: GU} B. SHF.PAk,D VS. JOHN DOES I-10, CIVIL. NO. 02-1-0368 From Deputy Corporation Counsel Joseph K. Kamelamela, dated July 14, 2003. OTHER BUSINESS (Including but not limited to ronsideralion of vetoed items, iY any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, AUGUST 5, 2003 COMMITTEES 'IBA C'OUNC'ILROOM WEDNESDAY, AUGUS"F 6, 2003 COUNCIL 9:00 a.m. COUNCILROOM TUESDAY, AUGUST 19, 2003 COMMITTEES TBA COUNCILROOM WF,DNESDAY, AUGUS"f 20, 2003_ COUNCL. 9:00 a.m. COUNCILROOM Hawaii County Council-16 Page 7 July 23, 2003 STATEMENTS FROM THE PUBLIC ADJOURNMENT (Note: B/K, as listed next to the name of an Introducer, signifies thaC die Council Member has agreed to introduce legislation "By Requesf' 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 accessihle for persons with physical disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by July 21, 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 oldie 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'felevision: Channel 52 (Hilo and Kona) Wednesday. July 30, 2003, at 6 p.m.; Sunday, August 3, 2003, at 1030 a.m.; and Wednesday. August 6, 2003, at 6 p.m.