HomeMy WebLinkAboutAGE COUNCIL 10/08/2003 2002-2004 •tv,w N
JAMES Y. ARAKAKI •!!w AARON S.Y. CHUNG
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Clr~mrrnn rG PrevdLrg Q(flcer 4(%q, LENINGRAD ELARIONOFF
FRED C. HOLSCHUH, M.D.
J. CURTIS TYLER, I11 BOB JACOBSON
17ce ('hairvnrrn ''h,~,N'+~ JOE REYNOLDS
GARY SAFARIK
MICHAEL C. TULANG
COUNTY COUNCIL
Counlp ~f Hawui'i
Hawaii County /3uilding O
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ORDER OF BUSINESS - C°
Hawaii County Council
Hilo, Hawaii
Wednesday, October 8, 2003
9:00 a.m.
INVOCATION Stewart Hussey, President. The Christian Science Church
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-21 Page 2 October 8, 2003
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND
EXPRESSIONS OF CONDOLENCE
Comm. 349: APPOINTMENT OF COUNCIL MEMBER GARY SAFARIK TO
THE WESTERN INTERSTATE REGION (W1R) BOARD OF
DIRECTORS
From Chair Leningrad Elarionoff, Committee on Public Works and
Intergovernmental Relations, dated September 16, 2003, requesting
confirmation of the above appointment.
Waived: PWIRC
STATEMENTS FROM THE PUBLIC ON [TEMS LISTED ON THE ORDER OF
BUSINESS
ORDER OF RESOLUTIONS
Res. 94-03: Authorizes the receipt and expenditure of state funding appropriated by the
state legislature pursuant to Act 3, Special Session Laws of Hawaii 2003, for
the establishment of an adolescent treatment center and for community
anti-drug efforts on the Island of Hawaii. {The adolescent treatment center
treats poly-drug abuse; the anti-drug efforts are aimed at preventing crystal
methamphetamine use.,
Re: Comm. 323
[ntr. by: Mr. Chung
Approved: FC-128
Deferred: September 17, 2003
[Note: There is n pending mo[ion fiy Mr. Safarik and duly seconded by
Mr. Reynnldti~ [o adopt Resolution 9-1-03.J
Res. 97-03: Requests that the Department of Public Works, the Planning Department, the
Office of the Corporation Counsel and the Legislative Auditor's Oftice form
a multi-agency task force to develop aroads-in-limbo policy.
Re: Comm. 332
Intr. by: Mr. Elarionoff and Mr. Safarik
Approved: PWIRC-28
Hawaii County Council-21 Page 3 October 8, 2003
Res. 98-03: Authorizes the acceptance of a monetary donation of Eighteen "Thousand
Dollars ($18,000) from the Daniel R. Sayre Memorial Fund to the Hawaii
County Fire Department. (Funds to be used for the purchase of rescue and
fire equipment.;
Re: Comm. 334
Intr. by: Mc Chung
Approved: FG 130
Res. 99-03: Authorizes the Office of the Mayor to enter into an agreement with the State
of Hawaii Department of Transportation, pursuant to HRS 46-7, for a
Community Policing Grant. {Funds to be used to purchase three digital
cameras to increase the effectiveness and professionalism of the Community
Policing Officers in Kona.;
Re: Comm. 335
Intr. by: Mr. Chung
Approved: FC-132
Res. 100-03: Authorizes the Office of the Mayor to enter into an agreement with the
United States of America, pursuant to HRS 46-7, for a Public Flealth
Preparedness and Response from Bioterrorism Grant. {Funds to be used by
the Hawaii County Fire Department to purchase afully-equipped trailer
configured for use as a medical response unit to mass casualty incidents
resulting from weapons of mass destruction or natural disaster.;
Re: Comm. 336
Intr. by: Mr. Chung
Approved: FC-134
Res. 101-03: Creates a Housing and Community Development Specialist N position and a
Housing and Community Development Specialist III position for the Office
of Housing and Community Development. {These positions are needed to
develop and implement two new programs, the Family Self-Sufficiency and
the Homeownership, both in connection with the Section 8 Existing Housing
Program.;
Re: Comm. 337
Intr. by: Mr. Chung
Approved: FC-]35
Hawaii County Council-21 Page 4 October 8, 2003
Res. 102-03: Authorizes the Office of the Mayor to enter into an agreement with the
State of Hawaii Department of Transportation, pursuant to HRS 46-7,
for a Click It or Ticket Program grant (The program's goal is to reduce the
number of vehicle collision fatalities and injuries to front and rear seat
occupants, aged 17 and under, by increasing seatbelt usage rate of youth and
teens. }
Re: Comm. 338
Intr. by: Mr. Chung
Approved: FC-136
Res. 103-03: Authorizes the Office of the Mayor to enter into an agreement with the State
of Hawaii Department of Transportation, pursuant to HRS 46-7, for a
Traffic Investigation Program grant. ;The program's goal is to increase the
quality of alcohol- and speed-related traffic fatality investigations by
providing training and equipment to Hawaii County police officers.;
Re: Comm. 339
]ntr. by: Mr. Chung
Approved: FC-138
Res. 105-03: Transfers/appropriates an appropriation out and from the designated fund
account(s) and crediting same to a designated fund account(s). {Transfers
$325,000 out and from Contingency Relief; appropriates $100,000 to Office
of Management -Other Current Expenses and $225,000 to Cost of Sale -
Hamakua Land, for a total of $325,000. }
Re: Comm. 341
Intr. by: Mr. Chung
Approved: FC-]40
Res. 1 11-03: Repeals Resolution No. OS-02, appointing Members of the Committee on
Planning, and designates the Chair and Vice Chair thereof.
Re: Comm. 363
Intr. by: Mr. Arakaki
Waived: FC
Res. 1 12-03: Repeals Resolution No. 06-02, appointing Members of the Committee on
Public Works and Intergovernmental Relations, and designates the Chair and
Vice Chair thereof.
Re: Comm. 363
Intr. by: Mr. Arakaki
Waived: FC
Hawaii County Council-21 Page 5 October 8, 2003
Res. 113-03: Repeals Resolution No. 07-02, appointing Members of the Committee on
Parks and Environmental Management, and designates the Chair and Vice
Chair thereof.
Re: Comm. 363
Intr. by: Mr. Arakaki
Waived: FC
BILLS FOR ORDINANCES (FIRST READING)
Bill 139 Amends Ordinance No. 03-91, as amended, the operating budget for the
(Draft 2): County of Hawaii for the fiscal year ending .lune 30, 2004. ;Increases
revenues in Adolescent Treatment Center ($300,000) and Community
Anti-Drug Efforts ($100,000), for a total of $400,000; appropriates same
to Adolescent Treatment Center and Community Anti-Drug Efforts.};
and
Re: Comm. 323.3
Intr. by: Mr. Chung
Approved: FC-129
Deferred: September 17, 2003
Comm. 323.4: From Finance Director William Takaba, dated September 4, 2003,
transmitting Bill 139, Draft 3. (Draft 3 replaces the revenue base
account numbers 3303.29 (Adolescent Treatment Center) and 3303.30
(Community Anti-Drug Efforts) with the proper state grants base
account numbers 3305.34 (Adolescent Treatment Center) and 3305.35
(Community Mti-Drug Efforts), respectively.;; and
Bill 139 Amends Ordinance No. 03-91, as amended, the operating budget for the
(Draft 3): County of Hawaii for the fiscal year ending June 30, 2004; and
Comm. 323.6: From Managing Director, Dixie Kaetsu, dated September 15, 2003,
requesting deferral of Bill 139.
Bill 141: Amends Chapter 24, of the Hawaii County Code 1983 (1995 edition),
relating to vehicles and traffic. {Proposals include: new bus stop, delete
mid-block crosswalk, and adjust passenger loading zone located on
Kilauea Avenue.};and
Re: Comm. 330
Intr. by: Mr. Elarionoff
Approved: PWIRC-29
Comm. 330.3: From Beverly Ann McCall, Principal, Waiakeawaena School, dated
September 18, 2003; and
Comm. 330.4: From Danielle Spain, P"IA President, Waiakeawaena Elementary
School, dated September 18, 2003.
Hawaii County Council-21 Page 6 October 8, 2003
Bill 142: Amends Chapter 24, of the Hawaii County Code ]983 (1995 edition)
relating to vehicles and traffic. {Adds atwo-vehicle taxi stand at the pier in
Kai lua-Kona. }
Re: Comm. 331
Intr. by: Mr. Tyler
Approved: PWIRC-27
Bill 143: Amends Ordinance No. 03-91, as amended, the operating budget for the
County of Hawaii for the fiscal year ending June 30, 2004. (Increases
revenues in Contribution trom Private Source ($6,000); appropriates
same to Rescue Equipment -Private.;
Re: Comm. 334
Intr. by: Mr. Chung
Approved: FC-131
Bill 144: Amends Ordinance No. 03-91, as amended, the operating budget for the
County of Hawaii for the fiscal year ending June 30, 2004. {Increases
revenues in Federal Grants ($900) -Community Policing Grant;
appropriates same to Community Policing Grant.J
Re: Comm. 335
Intr. by: Mr. Chung
Approved: FC-133
Bill 145: Amends Ordinance No. 03-91, as amended, the operating budget for the
County of Hawaii for the fiscal year ending June 30, 2004. {Increases
revenues in Federal Grants ($15,444) -Click It or Ticket Program;
appropriates same to Click It or Ticket Program.}
Re: Comm. 338
Intr. by: Mr. Chung
Approved: FC-137
Bill 146: Amends Ordinance No. 03-91, as amended, the operating budget for the
County of Hawaii for the fiscal year ending June 30, 2004. {Increases
revenues in Federal Grants ($15,000) -Traffic Investigation Program;
appropriates same to Traffic Investigation Program.}
Re: Comm. 339
Intr. by: Mr. Chung
Approved: FC-139
Hawaii County Council ? 1 Page 7 October 8, 2003
Bill 147 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25
(Draft 2): (Zoning Code) of the Hawaii County Code, by changing the district
classification from Agricultural (A-3a) to Family Agricultural (FA-la) at
Kohanaiki, North Kona, Hawaii, covered by Tax Map Key 7-3-7:27 &
50 (approx. 53.163 acres). {Hualalai Vistas, LLC, applicant.}
Re: Comm. 342.3
Intr. by: Mr. Tyler (B/R)
Approved: PC-57
Bill 148 Amends Chapter 14, Article 10, of the }{awai'i County Code, as
(Draft 2): amended, relating to Exceptional Trees. {Designates an 'Ohi`a tree
located at Tax Map Key 1-5-1:56, Ka'ohe Homesteads, Pahoa, as an
"Exceptional Tree" of the County of Hawaii. )
Re: Comm. 343.2
Intr. by: Mr. Tyler (B/R)
Approved: PC-58
Bill 156: Amends Ordinance No. 03-91, as amended, the operating budget for the
County of Hawaii for the fiscal year ending June 30, 2004. {Increases
revenues in Federal Grants - Bioterror Trailer ($60,000); appropriates
same to Bioterror Trailer ($60,000).}
Re: Comm. 336.1
Intr. by: Mr. Chung
Waived: FC
Bill 157: Amends Chapter 24 of the Hawaii County Code 1983 (1995 edition),
relating to Vehicles and Traffic. {Changes hours of one-way traffic to
be between 7:00 a.m. and 2:30 p.m. on school days only located on
Pakalana Street in Honoka`a.); and
Re: Comm. 361
Intr. by: Mr. F~olschuh
Waived: PWIRC
Comm. 361.1: From Edwin Castillo, Jr., Chairman, Hamakua Safety Council, dated
September 24, 2003; and
Comm. 361.2: From Natalie Gonsalves, Principal, Honoka'a Elementary School, dated
September 29, 2003.
Hawaii County Council-21 Page 8 October 8, 2003
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 133: Amends Chapter 24 of the Hawaii County Code 1983 (1995 edition)
relating to Vehicles and Traffic. {Deletes existing mid-block crosswalk
on Mamalahoa Highway in front of Central Kona Union Church.;; and
Re: Comm. 304
Intr. by: Mr. Elarionoff
Deferred: September 4, 2003
1" Reading: September 17, 2003
Bill 136 Amends Ordinance No. 97-65 which amended Ordinance No. 92-123, which
(Draft 3): changed the district classification from Agricultural (A-20a) to Agricultural
(A-la) at Ola`a, Puna, Hawaii, covered by Tax Map Key 1-7-17:3 (approx.
45.945 acres). {Kapoho Properties, applicant.}
Re: Comm. 309.3
Intr. by: Mr. Arakaki
1~' Reading: September 17, 2003
Bill 137: Amends Section 15-68.1, Hawaii County Code, Parks and Recreational
Facility Schedule-Parks, Kohala, by renaming the Samuel M. Spencer
Beach Park "Spencer Park at `Ohai`ula Beach" and the pavilion at
`Ohai`ula "Samuel Mahuka Spencer Pavilion."
Re: Comm. 315
Intr. by: Mr. Elarionoff
1" Reading: September 17, 2003
Bill 138: Amends Ordinance No. 03-91, as amended, the operating budget for the
County of Hawaii for the fiscal year ending June 30, 2004. {Increases
revenues in Contribution from Private Source ($10,000); appropriates
same to Hawaii Island Methamphetamine Summit -Private ($10,000).;
Re: Comm. 322
Intr. by: Mr. Chung
1" Reading: September 17, 2003
Hawaii County Council-21 Page 9 October S, 2003
REPORTS
FINANCIAL Monthly Financial Status Report trom the Department of Finance for the
REPORT: month ended .Iuly 31, 2003.
FINANCIAL, Monthly Financial Status Report from the Department of Finance for the
REPORT: month ended August 31, 2003.
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. 40.3: WILLIAM SILVA, ET AL., V. COUNTY OF HAWAII, ET AL.,
CIVIL NO. 97-622
From Corporation Counsel Lincoln S. T. Ashida, dated September 19, 2003.
Comm. 283.1: GUY B. SHEPARD V. JOHN DOES 1-10, CIVIL NO. 02-1-0368
From Deputy Corporation Counsel Joseph K. Kamelamela, dated September
29, 2003.
Comm. 362: WALTER JOHN KELLY, ET AL., V. 1250 OCEANSIDE PARTNERS,
ET AL., CIV. NO. 00-1-0192K
From Corporation Counsel Lincoln S. T. Ashida, dated September 29, 2003.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items. if any, or reconsideration of actions
on agenda items.)
ANNOUNCEMENTS
TUESDAY, OCTOBER 21, 2003
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, OCTOBER 22, 2003
COUNCIL 9:00 a.m. COUNCIL ROOM
TUESDAY, NOVEMBEK 4, 2003
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, NOVEMBER 5, 2003
COUNCIL 9:00 a.m. COUNCIL ROOM
Hawaii County Council-21 Page 10 October 8, 2003
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 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 October 6, 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, October 15, 2003, at
6 p.m.; Sunday, October 19, 2003, at 10:30 a.m.; and Wednesday, October 22, 2003, at 6 p.m.