HomeMy WebLinkAboutAGE COUNCIL 12/17/2003 2002-2004 JAMES Y. ARAKAKI "`•~""may 'i ! f1ARON S.Y. CHUNG
ham' ~'7~-~` 'LENI3dGRADELARIONOFF
Chrtirmrtn ~ Presiding O~mr ry
FRE~j C }~OLSCHUH, M.D.
J. CURTIS TYLER, III `~3 ~EC 1 ~ FhI L ~ BOB JACOBSON
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Vire Chnirrnrtn JGE REYNGLDS
Cr>> G GARY SAFARIK
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{;p~J(~fj Y I "NJ'I~IAEL C. TULANG
COUNTY COUNCIL
County ofHawai'i
Hawar'i County Building
25 Aupuni Street
Hilo, Hawai `c 96720
26`h Session
ORDER OF BUSINESS
Hawaii County Council
Hilo, Hawaii
Wednesday, December 17, 2003
9:00 a.m.
INVOCATION Reverend Richard Ragle, Hilo Church of the Nazarene
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES July 23, 2003
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawaii County Council-26 Page 2 December 17, 2003
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND
EXPRESSIONS OF CONDOLENCE
STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF
BUSINESS
ORDER OF RESOLUTIONS
Res. 128-03: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One
Fiscal Year for aMulti-Year Lease of Real Property for the Prosecuting
Attorney's Waimea Office. {This five-year lease agreement is for 600 square
feet of office space in the Holomua Center in Waimea. }
Re: Comm. 416
Intr. by: Mr. Chung
Approved: FC-178
Res. 129-03 Relates to the Preparation of (1) a North Kona Regional Sewerage Master
(Draft 2): Plan; and (2) a Council Initiated Improvement District Implementation Study
for the Construction of Certain Wastewater and Recycled Water System
Improvements for Kealakehe, Honokohau, Kaloko and Kohanaiki, District of
North Kona, Hawaii. {Thrust of this initiative facilitates sewerage
improvements in the rapidly developing Kaloko Industrial Area and to plan
and consider the greater regional needs of the North Kona coastline. Further,
requests Resolution 70-O1, relating to this resolution, be filed (deferred at
Council's May 2, 2001, meeting). }
Re: Comm. 417.4
Intr. by: Mr. Tyler
Approved: FC-179
and
Res. 70-01 Relates to the Construction of Improvements by Assessments at Kealakehe,
(2001): Honokohau, Kaloko and Kohanaiki, District of North Kona, Hawaii.
Re: Comm.l79
Intr. by: Mr. Tyler (B/R)
Approved: FC-65
Deferred: May 2, 2001
Note: Comm. 417.4 requests Res. 70-01 be filed
Hawaii County Council-26 Page 3 December 17, 2003
Res. 130-03: Authorizes the Acceptance of Playground Equipment for the Wai`ohinu
Park. {Donation from Friends of Wai`ohinu Park of keiki playground
equipment, for ages 1-5 (estimated value of $17,868.64).}
Re: Comm. 419
Intr. by: Mr. Chung
Approved: FC-181
Res. 131-03: Authorizes the Corporation Counsel, and His Authorized Representatives, to
Enter Into an Agreement With the Individually Named Parties, Who Are
and/or Were Employees of the County of Hawaii at the Time of the Alleged
Incident, to Represent Them in the Civil Action Entitled Samuel Carvalho,
Sr. vs. Shane Salis, et al., Civil No. 03-00243 SOMBMK.
Re: Comm. 425
Intr. by: Mr. Chung
Waived: FC
Res. 132-03: Authorizes the Corporation Counsel, and His Authorized Representatives, to
Enter Into an Agreement With the Individually Named Party, Who is an
Employee of the County of Hawaii, to Represent Him in the Civil Action
Entitled Wendell Tangaro vs..Ioseph Botelhq et al., Civil No. 03-00211
DAE/LEK.
Re: Comm. 426
Intr. by: Mr. Chung
Waived: FC
Res. 133-03: Authorizes the Corporation Counsel, and His Authorized Representatives, to
Enter Into an Agreement With the Individually Named Parties, Who Are
Current and Former Employees of the County of Hawaii, to Represent Them
in the Civil Action Entitled Michael L. Dubberstein v. County ofHawai'i, et
al., Civil No. 03-00552 SOMBMK (Civil No. 03-1-0]52K).
Re: Comm. 427
Intr. by: Mr. Chung
Waived: FC
Hawaii County Council-26 Page 4 December 17, 2003
Res. 134-03: Authorizes the Corporation Counsel, and His Authorized Representatives, to
Enter Into an Agreement With the Individually Named Party, Who is an
Employee of the County of Hawaii, to Represent Him in the Civil Action
Entitled Kealoha M.J. Wells, et al., v. Mark Farias, et al., Civil No.
02-1-0149K.
Re: Comm. 428
Intr. by: Mr. Chung
Waived: FC
BILLS FOR ORDINANCES (FIRST READING)
Bill 140: Amends Ordinance No. 03-90, as Amended, Relating to Public
Improvements and Financing Thereof for the Fiscal Year July 1, 2003 to
June 30, 2004. {Adds PARKS & RECREATION: Ho`okena Beach
Park Water Meter ($33,000); funds to be provided from General
Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other
Sources ($33,000). }
Re: Comm. 327
Intr. by: Mr. Jacobson
Approved: FC-185
2/3 Vote: Section 10-6(d), Hawai`i County Charter
and
Comm. 327.5: From Council Member Bob Jacobson, dated December 8, 2003,
transmitting a revised FY2004 Data Project/Financial Impact Statement.
Bill 178 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25
(Draft 2): (Zoning Code) of the Hawai `i County Code, by Changing the District
Classification from General Industrial (MG-3a) to Project District at
Ooma 2°d, North Kona, Hawaii, Covered by Tax Map Key 7-3-9:22
(approx. 83.0 acres). {Clifto's Kona Coast, LLC, applicant.}
Re: Comm. 400.11
Intr. by: Mr. Elarionoff
Approved: PC-65
Hawaii County Council-26 Page 5 December 17, 2003
Bill 183 Amends Chapter 2 of the Hawaii County Code ] 983 (1995 Edition),
(Draft 2): Administration, Relating to the Establishment of a Disaster and
Emergency Fund. {Creates a special fund providing immediate response
to repair county facilities and infrastructure due to damages caused by
natural or man-made disasters or other emergencies, and to clean up
property when such action serves a public purpose. }
Re: Comm. 414.1
Intr. by: Mr. Arakaki
Approved: FC-177
Bill 184: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25
(Zoning 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 Tax Map Key 2-2-37:41 (124,002 sq. Ft.). {State of
Hawaii, Department of Land and Natural Resources, applicant. }
Re: Comm. 415
Intr. by: Mr. Elarionoff
Approved: PC-66
Bill 185: Amends Ordinance No. 03-90, as Amended, Relating to Public
Improvements and Financing Thereof for the Fiscal Year July 1, 2003 to
June 30, 2004. {Adds POLICE: Microwave Relocation & System
Renovation -Private ($700,000); funds to be provided from Private
Contributions ($700,000).}
Re: Comm. 418
Intr. by: Mr. Chung
Approved: FC-180
2/3 Vote: Section 10-6(d), Hawai`i County Charter
and
Comm. 418.1: From Major Elroy Osorio, Jr., Technical Services, Police Department,
dated December 3, 2003, transmitting an amended Project Data Report.
Hawaii County Council-26 Page 6 December 17, 2003
Bill 186: Amends Ordinance No. 03-90, as Amended, Relating to Public
Improvements and Financing Thereof for the Fiscal Year July 1, 2003 to
June 30, 2004. {Adds PUBLIC WORKS: Flood Disaster Projects -
County Match ($500,000); funds to be provided from Genera]
Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other
Sources ($500,000).}
Re: Comm. 420
Intr. by: Mr. Chung
Approved: FC-182
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 187 Amends Chapter 24 of the Hawaii County Code 1983 (1995 Edition)
(Draft 2): Relating to Vehicles and Traffic by Exempting Totally Disabled
Veterans from Certain Fees. {Exempts totally disabled veterans from
certain motor vehicle fees. }
Re: Comm. 421.1
Intr. by: Mr. Chung
Approved: FC-183
Bill 188: 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 Fund Balance From Previous Year ($312,215);
appropriates same to Landfills -Other Current Expenses.}
Re: Comm. 422
Intr. by: Mr. Chung
Approved: FC-184
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 179: Amends Ordinance No. 03-91, as Amended, the Operating Budget for
the County of Hawai `i for the Fiscal Year Ending June 30, 2004.
{Appropriates revenues in Federal Grants -Puna Regional Circulation
Plan ($120,000); appropriates same to Puna Regional Circulation Plan.}
Re: Comm. 404
Intr. by: Mr. Chung
ls` Reading: December 3, 2003
Hawaii County Council-26 Page 7 December 17, 2003
Bill 180: 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 State Grants -Coordinated Services Purchase of
Services ($8,352); appropriates same to Coordinated Services Salaries
and Wages. Funds will supplement the current salaries and wages
budget of Coordinated Services Program and enable staff to provide
in-home chore services to an increased number of disabled/older
adults. }
Re: Comm. 405
Intr. by: Mr. Chung
151 Reading: December 3, 2003
Bill 181: Amends Ordinance No. 03-91, as Amended, the Operating Budget for
the County of Hawaii for the Fiscal Year Ending June 30, 2004.
{Appropriates revenues in Federal Grants -Rural Paratransit System
Study ($]00,000); appropriates same to Rural Paratransit System
Study. }
Re: Comm. 411
Intr. by: Mr. Chung
1" Reading: December 3, 2003
Bill 182: Amends Ordinance No. 03-91, as Amended, the Operating Budget for
the County of Hawaii for the Fiscal Year Ending June 30, 2004.
{Appropriates revenues in Federal Grants - Jaws of Life ($44,000);
appropriates same to Jaws of Life. }
Re: Comm. 412
Intr. by: Mr. Chung
1 s` Reading: December 3, 2003
REPORTS
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. 166.1: JACK BRUNTON V. COUNTY OF HAWAII, ET AL.,
CIV. NO. CV02-00414 SOM LEK
From Corporation Counsel Lincoln S. T. Ashida, dated November 26,
2003.
Hawaii County Council-26 Page 8 December 17, 2003
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions
on agenda items.)
ANNOUNCEMENTS
THURSDAY, DECEMBER 18, 2003
PLANNING COMMITTEE 9:00 a.m. COUNCIL ROOM
WORKSHOP RE
GENERAL PLAN
TUESDAY, JANUARY 6, 2004
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, JANUARY 7, 2004
COUNCIL 9:00 a.m. COUNCIL ROOM
THURSDAY, JANUARY 22, 2004
COMMITTEES TBA COUNCIL ROOM
FRIDAY, JANUARY 23, 2004
COUNCIL 9:00 a.m. COUNCIL ROOM
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 December 15, 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 aC 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, December 24, 2003, at
6 p.m.; Sunday, December 28, 2003, at 10:30 a.m.; and Wednesday, December 31, 2003, at 6 p.m.