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HomeMy WebLinkAboutAGE COUNCIL 10/08/2003 2002-2004 •tv,w N JAMES Y. ARAKAKI •!!w AARON S.Y. CHUNG tP"•;~~ 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 25 Aapuni Street ~ W ililo, llua~ai'i 96720 o C rJ .T7 z r-i --r--, 1--+ :'b - 21" Session -r'" ~ o :~f 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.