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Home My WebLink AboutAGE COUNCIL 01/07/2004 2002-2004 JAMES Y. ARAKAKI AARON S.Y. CHUNG ~-~C Chnirrean & Presiding Officer liig LENINGRAD ELARIONOFF •i E. 'F~RED~G. HQLSCHUH, M.D. J. CURTIS TYLER, III ~ - ~ ~ -$gB JACOBSON JOE REYNOLDS Vice Chnirmnn ••3•oi•M~ '03 OEC 30 P~1 AFARIK MICHAEL C. TULANG CG'_!r~ Ci COUNTY COUNCIL COUi~J ~ ~ ~ _ ; n County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawai `i 96720 27`h Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, January 7, 2004 9:00 a.m. INVOCATION Reverend Bob Thompson, Puna Congregational Christian Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES August 6, 2003; and August 20, 2003 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County Council-27 Page 2 January 7, 2004 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 448: PROPOSED LEGISLATIVE ITEMS FOR INCLUSION IN THE 2004 HSAC LEGISLATIVE PACKAGE From Hawaii State Association of Counties Vice President Gary S. Safarik, dated December 29, 2003, submitting for consideration and approval the following legislative items for inclusion in the 2004 Legislative Package: 1) Repeal of the law allowing the State Auditor to charge counties for costs associated with the legislative mandated auditors or to amend it to provide for legislative appropriations to accompany legislative mandated audits of the counties; and 2) Repeal of the sunset provisions in the lifeguard immunity laws. Waived: PWIRC STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 135-03: Authorizes the Acceptance of Six (6) Sets of Lock Displays to the Hawaii County Police Department. {Donation from Solution 2003 -Neighborhoods in Action for the community policing officers to educate the community (estimated value of $565).} Re: Comm. 429 Intr. by: Mr. Tyler Approved: FC-186 BILLS FOR ORDINANCES (FIRST READING) Bill 193: Amends Ordinance No. 03-9Q as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2003 to .Tune 30, 2004. {Adds PUBLIC WORKS: Puainako Street Extension Project -County Match ($700,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($700,000).} Re: Comm. 430 Intr. by: Mr. Chung Approved: FC-187 2/3 Vote: Section 10-6(d), Hawai`i County Charter Hawaii County Council-27 Page 3 January 7, 2004 ORDER OF THE DAY (SECOND OR FINAL 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 15` Reading: December 17, 2003 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 183 Amends Chapter 2 of the Hawaii County Code 1983 (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 ls` Reading: December 17, 2003 and Comm. 414.2 From Council Chair James Y. Arakaki, dated December 29, 2003, transmitting Bill 183, Draft 3; and Bill 183 Amends Chapter 2 of the Hawaii County Code 1983 (1995 Edition), (Draft 3): Administration, Relating to the Establishment of a Disaster and Emergency Fund. {Draft 3 changes the maximum allowable appropriation per year from $500,000 to $1,000,000.} Hawai `i County Council-27 Page 4 January 7, 2004 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 1~` Reading: December 17, 2003 Bill 185: Amends Ordinance No. 03-9Q 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 1 s` Reading: December 17, 2003 2/3 Vote: Section ]0-6(d), Hawai`i County Charter and Comm. 418.2: From Finance Director William Takaba, dated December 10, 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 General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($500,000). } Re: Comm. 420 Intr. by: Mr. Chung ls` Reading: December 17, 2003 2/3 Vote: Section ]0-6(d), Hawai`i County Charter Hawaii County Council-27 Page 5 January 7, 2004 Bill 187 Amends Chapter 24 of the Hawaii County Code 1983 (1995 Edition) (Drafr 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 ] s' Reading: December 17, 2003 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 1"Reading: December 17, 2003 and Comm. 422.1: From Environmental Management Director Barbara Bell, dated December 2, 2003. REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: month ended November 30, 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. 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. Deferred: December l7, 2003 Comm. 434: JEANNE R. GOULETTE, ET AL. VS. STEFFEN S. ERLER, ET AL., CIVIL NO. 02-1-0047; CASSANDRA GOULETTE, ET AL. VS. STEFFEN S. ERLER, ET AL., CIVIL NO. 02-1-0101 From Deputy Corporation Counsel Joseph K. Kamelamela dated December 15, 2003. Hawaii County Council-27 Page 6 January 7, 2004 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 370.5: MAYOR'S VETO MESSAGE REGARDING BILL 159, DRAFT 2, RELATING TO THE STATE LAND USE BOUNDARY AMENDMENT REQUEST BY PUNA SUGAR MILL, LLC, APPLICANT From Mayor Harry Kim, dated December 17, 2003, returning Bill 159, Draft 2, stating his reason for disapproval, as listed. and Bill l59 Amends the State Land Use Boundaries Map, H-66 for the County of (Draft 2): Hawaii, by Changing the District Classification from the Agricultural to the Urban District at Kea`au, Puna, Hawaii, Covered by Tax Map Key 1-6-3:Por. 99. {Approx. 14.901 acres; Puna Sugar Mill, LLC, applicant. } Re: Comm. 370.1 Intr. by: Mr. Arakaki ls` Reading: November 19, 2003 2°d Reading: December 3, 2003 Mayor's veto: December 17, 2003 Note: In order for this bill to become law, the Council must vote (by majority) to reconsider it, within 30 days after it is returned; and to approve it again (2/3 majority vote) (see Article III, Section 3-12, Hawaii County Charter). For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. Hawaii County Council-27 Page 7 January 7, 2004 Comm. 370.6: MAYOR'S VETO MESSAGE REGARDING BILL 160, DRAFT 3, RELATING TO THE CHANGE OF ZONE REQUEST BY PUNA SUGAR MILL, LLC, APPLICANT From Mayor Harry Kim, dated December 16, 2003, returning Bill 160, Draft 3, stating his reason for disapproval, as listed. and Bill 160 Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter (Draft 3): 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-20a) to Limited Industrial (ML-20) and Agricultural (A-Sa) at Kea`au, Puna, Hawaii, Covered by Tax Map Key 1-6-3:99. {Parcel "A," approx. 14.901 acres and Parcel "B," approx. 8.724 acres; Puna Sugar Mill, LLC, applicant. } Re: Comm. 370.2 Intr. by: Mr. Arakaki 1 s` Reading: November 19, 2003 2"`~ Reading: December 3, 2003 Mayor's veto: December 16, 2003 Note: In order for this bill to become law, the Council must vote (by majority) to reconsider it, within 30 days after it is returned; and to approve it again (2/3 majority vote) (See Article III, Section 3-12, Hawaii County Charter). For purposes of Chapter 92, Hawaii Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. ANNOUNCEMENTS THURSDAY, JANUARY 22, 2004 COMMITTEES TBA COUNCIL ROOM FRIDAY, JANUARY 23, 2004 COUNCIL 9:00 a.m. GHANA KEAUHOU COUNCIL PUBLIC 5:00 p.m. BEACH RESORT HEARING RE BILL 178, DRAFT 2 TUESDAY, FEBRUARY 3, 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, FEBRUARY 4, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM Hawaii County Council-27 Page 8 January 7, 2004 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 January 5, 2004. 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 maybe 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, January 14, 2004, at 6 p.m.; Sunday, January 18, 2004, at 10:30 a.m.; and Wednesday, January 21, 2004, at 6 p.m.