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HomeMy WebLinkAboutAGE COUNCIL 04/21/2004 2002-2004 JAMES Y. ARAI<AKI °i"~ AARON S.Y. CHUNG ,.,,....y,~ 6i;~ LENINGRAD ELARIONOFF C'Aurrmm~ n Pres¢!mg QlJicer FRED C. HOLSCIIUH, M.D. J. CURI'IS TYLER, III - • BOB JACOBSON 15ce ('hmnnon +i~r~ u7 a+~~ JOE REYNOLDS GARY SAFARIK MICHAEL C. TULANG COUNTY COUNCIL c~>Anry HuWar , llawui'i County 6vilding 25 Aupani Slree[ Hilo. Han~ni`i 96720 i7 l-, r,, F--~ 3~rh Se5Sl0? ORDER OF BUSINESS ~ _ rv Hawaii County Council Hilo, Hawaii Wednesday, April 2l, 2004 9:00 a.m. INVOCATION Reverend Tim Carigon, Hilo Missionary Church CALL TOORDCR ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 5, 2004 (Note: Please tw~n cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County Council-34 Page 2 April 21, 2004 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON ITEMS LISTEll ON THE ORllER OF BUSINESS Comm. 594: HAWAII STATE ASSOCIATION OF COUNTIES (I ISAC) FY 2004-2005 ANNUAL BUDGET From Public Works and Intergovernmental Relations Chair Cary Safarik, dated April 7, 2004, transmitting for Council's consideration and approval, the Hawaii Statc Association of Counties (HSAC) proposed Annual Budget for FY2004-2005. Waived: PWIRC ORDER OF RESOLUTIONS Res. 161-04 Acknowledges and Recognizes the Second Saturday of October as "La Ho'ala Ala (Draft 3): I Iele" Day ("Frail Revitalization" Day). Re: Comm. 520.3 Intr. by: Mr. Jacobson Approve: PWIRC-43 Res. 169-04 Authorizes a Grant of Easement for Retaining Wall Purposes at Kona Heights (Draft 2): Subdivision, Increment II, FP 1077, Hienaloli 5°' & 6'~, North Kona, Island, County and State of Hawaii, Tax Map Key: (3)7-5-29:Portion of Aloha Kona Drive and Nele Place, to Ms. Beth Ann Frye. {Fair market value of the retaining wall casement with an area of 29 square feet is $572.} Re: Comm. 547.1 Intr. by: Mr. Chung Approve: FC-239 Res. 172-04: Authorizes the Acquisition of Private Properties by Eminent Domain, being Portions of Tax Map Keys: (3)2-4-003-022, 2-4-063-120, and 2-4-063-121, Situate at Waiakea, District of South Hilo, County and State of Hawaii, for the Kawailani Strect Bridge Replacement. Re: Comm. X58 Intr. by: Mr. Arakaki Approve: PWIRC-41 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Flawai`i County Council-34 Page 3 April 21, 2004 Res. 177-04: Authorizes the Mayor of the County of Hawaii to Execute and Submit the 2004 Action Plan and All Other Related Documents to the United States Department of Housing and Urban Development for the 2004 Community Development Block Grant and Co the State's Housing and Community Development Corporation of I lawai`i for the HOME Investment Partnerships Programs. Re: Comm. 579 Intr. by: Mr. Safarik Approve : CHA -April 6, 2004 BILLS FOR ORDINANCES (FIRST REAllING) Bill 178 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 2): (7..oning Code) of the Hawaii County Code, by Changing the District Classitication from General Industrial (MG-3a) to Project District at Ooma 2nd, 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 Deferred: December 17, 2003 Public Hearing: January 23, 2004 and Comm. 400.12: Prom Planning Director Christopher J. Yuen, dated December 16, 2003, proposing language regarding die fair share condition in Condition "MM.' ;and Comm. 400.13: From Nicholle Davis; and Comm. 400.14: From Louis Copman, M. D., dated December 20, 2003; and Comm. 400.15: From Kathy McMillen, dated December 20, 2003; and Comm. 400.16: From Michele Nobriga-Oppliger, dated December 15, 2003; and Comm. 400.17: From Aaron Stene, dated December 22, 2003; and Comm. 400.18: From Marty and Donna I Jansen, dated December 23, 2003; and Comm. 400.19: Prom Janice Palma-Glennie, dated December 29, 2003; and Comm. 40020: From Richard M. Johnson; Thomas Barry, dated January 23, 2004; Kathy McKowen; and M. Oda, dated January 23, 2004; and Comm. 400.21: From Les Thuet, Kcopu Estate Coffee Farm, dated January 26, 2004; and Comm. 400.22: From Charles Bever; and Comm. 40023: Postcards from 150 individuals; and Comm. 40024: From Chet Hilburn Wooley; and Comm. 400.25: From G. William Huneke, dated January 12, 2004; and Comm. 400.26: From ICanak Napcahi Kupuna Alii; and Comm. 400 27: From Jerry Rothstein, dated January 23, 2004; and Comm. 40028: From Doug Perrino; and Comm. 400.29: From E. F. Skip Brown; and Comm. 40030: From Reverend Ken Brooks, dated January 19, 2004; and (Nate ('onvn¢eniaotians J00.37 through da0-53 are con[rnued on the nor[ page.) Hawaii County Council-34 Page 4 April 21, 2004 Comm. 40031: From Steve and Georgeann Johnson, dated January 20, 2004; and Comm. 40032: From James Karkheck, dated January 23, 2004; and Comm. 40Q33: From Stanley Bond, Resource Manager, Kaloko-Honokohau National Historical Park; and Comm. 40034: From David (Bones) Inkster; and Conan. 40035: From Duane Erway, President, Plan to Protect Kona, dated January 23, 2004; and Comm. 40036: From Leslie K. Laird, dated January 18, 2004; and Comm. 400.37: From Burke K. Matsuyama, Kohanaiki Business Park Association; and Comm. 40038: From Bob Smith, dated January 2l, 2004; and Comm. 40039: From Daniel C. Olson; and Comm. =100.40: Ad sponsored by Kohanaiki 'Ohara, Na Keiki He`e Nalu, Sierra Club, and Allstar Mortgage; and Comm. 400.41: From Karen Eoff, dated January 23, 2004; and Comm. 400.42: From Ginger Thomas; and Comm. 400.43: From G~ic von Platen Luder, President, Kona-Kohala Chamber of Commerce, dated January 22, 2004; and Comm. 400.44: From Charles Beyer, dated January 24, 2004; and Comm. 400.45: From David and Denise Dressler, dated January 19, 2004; and Comm. 400.46: From Kathy Melby and Philip Story, dated January 29, 2004; and Comm. 400.47: From Aaron Steve, dated January 30, 2004; and Comm. 400.48: Postcards from 45 individuals; and Comm, 400.49: From Robert G., dated February 23, 2004; and Comm. 400.50: From Jeff Smith, Executive Director, Natural Energy Laboratory of Hawaii Authority (NELHA), dared February 24, 2004; and Comm. 400.51: From Laura Nutting, dated March 19, 2004; and Comm. 400.52: From I<aulana Scalise, dated January 24, 2004; and Melanie K., dated February 4, 2004; and Comm. 400.3: Frum Sidney M. Fake, Planning Consultant, dated March 18, 2004. (Note: There is a pending motion by Mr. Elarionoff and duly seconded by Mr. Holschuh to approve Bill 178, Draft 2J Bill 228 Amends Ordinance No. 03-49 of the County of Hawaii Adopted on March 25, (Draft 2): 2003, as Amended by Ordinance No. 03-125 Adopted on August 27, 2003, Relating to the Issuance of General Obligation Bonds. {Adds two new GIP Projects, Pu'Sinako Sewer Improvement District and North Kona Sewer Improvement District} Ko: Comm. 500.1 Intr. by: Mr. Chung (B/R) Approve: FC-236 Hawaii County Council-34 Page 5 April 21, 2004 Bill 230: Amends Chapter 24 of the Hawai"i County Code 1983 (1995 Edition) Relating to Vehicles and Traffic. {Proposes to change the posted speed limit reducing it from 40 MPH to 35 MPH along Kaloko Drive due to excessive speeding.} Re: Comm. 504 Intr. hy: Mr. Safarik File: PWIRC'-42 Bill 236: Ordinance to Initiate a Char[er Amendment to the Hawaii County Charter (2000), Relating to the Legislative Branch-Vacancy in Office. {Allows the voters of a council district in the Comity of Hawaii to elect their council member when a vacancy has occurred during atwo-year term (only when a vacancy occurs in the last ten months of a council term would the current appointment procedures apply)}. Re: Comm. 518 fnlr. by: Mr. Arakaki Approve: FC-23A Bill 239: 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: Prosecuting Attorneys Office at Aupuni Center ($3,450,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($3,450,000). Funds to be used for the design and construction of off ices at Aupuni Center for the Prosecuting Attorney and his staff.} Re: Comm. 523 Intr. by: Mr. Chung Approve: FC-237 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 245: Amends Chapter 21 of the Hawaii County Code 1983 (1995 Edition), Relating to Sewers (Laterals). {Requires the County to construct the lateral when a landowner is required to hook up to the sewer system in order to receive final inspection approval. } Re: Comm. 549 Intr. by: Mr. Arakaki Approve: PEMC-IS I lawai'i County Council-34 Page 6 April 21, 2004 Bill 250: Amends Chapter 21, of the Hawaii County Code 1983 (1995 Edition), Relating to Sewer Connection Requirements. {Deletes provisions that allow exceptions to the connection requirements for lots accessible to a sewer and establishes a process for requesting avariance/exemption to the connection requirements.} Re: Comm. 566 Intr. by: Mr. Reynolds (B/R) File: PEMG16 and Comm. 566.4: From Marjorie Erway, dated April 5, 2004. Bill 257: 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 - Block Grant ($2,797,603); appropriates same to the following: Hale Ohana Family I"ransilional Shelter- Renovations ($163,000), Removal of Architectural Barriers - Americans with Disabilities Act Compliance- Various County Facilities ($1,646,603), Solid Waste Recycle Centers- Design and Construction ($250,000), Kohala Senior Center Roof Replacement ($85,000), Care-A-Van Acquisition of Vehicles (four) ($106,000), Construction Management ($181,000), and Administration, Planning & Fair Housing ($366,000), for a total of $2,797,603. Re: Comm. 580 Intr. by: Mr. Safarik Approve: CHA -April 6, 2004 Bill 258: 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 - 2004 HOME Program ($1,086,413); appropriates same to the following: 2020 Kino`ole Senior Residences ($930,580), Downpayment Assistance (69,833), and Office of Housing and Community Development Administration ($86,000), for a tota I of $1,086,413. Re: Comm. 581 Intr. by: Mr. Safarik Approve: CHA-Apri16,2004 Hawaii County Council-34 Page 7 April 21, 2004 ORDF,R OF THE DAY (SECOND OR FINAL READING) Bill 233: Amends the State Land Use Boundaries Map, H-15 for the County of Hawaii, by Changing the District Classification From the Agricultural to the Urban District at Waikoloa, South Kohala, Hawaii, Covered by Tax Map Key 6-8-2:Portion of 33 (approx. 14.902 acres). {Applicant: Bay Pacific Development LLC.} Re: Comm. 514 Intr. by' Mr. Elarionoff I" Reading: April 7, 2004 Bill 234: Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification Prom Open (O) to Limited Industrial (ML-la) at Waikoloa, South Kohala, Hawaii, Covered by Tax Map Key 6-8-2:Portion of 33 (approx. 14.902 acres). {Applicant: Bay Pacitc Development LLC.} Re: Conun.514 Intr. by: Mr. Elarionoff I" Reading: April 7, 2004 Bill 244: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of I lawai`i for the Fiscal Year Ending June 30, 2004. {Increases revenues in Contribution/Donation from Private Source ($500); appropriates same to Police Administration Division -Other Current Expenses.} Ra Comm. 545 Intr. by: Mr. Chung 1~' Reading: April 7, 2004 Bill 246: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of I Iawai'i for the Fiscal Year Ending June 30, 2004. {Appropriates revenues in Federal Grants -Substance Abuse & Mental Health Services Administration ($893,987); appropriates same to Substance Abuse & Mental Health Services Administration Grant.} Re: Comm. 550 Intr. by: Mr. Chung 1"' Reading: April 7, 2004 REPORTS FC ?35 Rcconuncnds the appointment of Mr. Jeffrey B. Judd (Council District 6) to the (Comm. 563): Salary Commission. Hawaii County Council-34 Page 8 April 21, 2004 REFERRALS FOR EXF,CUTIVE 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, 1 IRS, and Rule 12 of Rules of Procedure of die County Council.) Comm. 409:?: SAMUEL CARVALHO, SR. V. SHANE SALIS, F.T AL., CIVIL NO. 03-00243 SOM/BMK From Deputy Corporation Counsel Harry P. Freitas, dated April 8, 2004. Comm. X92: KEOLA KANAE V. KAHIKI M. H. HODSON, CIVIL NO 02-00399 SOM/LEK From Deputy Corporation Counsel Joseph K Kamelamela, dated April 12, 2004. Comm. 593: RANDALL SAUNDF.RS VS. COUN"TY OF HAWA[`1: ATX-2004-10 From Deputy Corporation Counsel Joseph K. Kamelamela, dated April 12, 2004. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda i Lem s. ) ANNOUNCEMENTS TUF,SDAY, MAY 4, 2004 COMMITT~LES TBA COUNCIL ROOM WEDNESDAY, MAY 5, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM 'TUESDAY, MAY 18, 2004 COMMTT~TFGS TBA COUNCIL ROOM WEDNESDAY, MAY 19, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM COUNCIL PUBLIC 5:00 p.m. HI?ARING RT: REAL PROPERTY "TAX KA'TES - HII.O 'THURSDAY, MAY 20, 2004 COUNCIL PUBLIC 6:00 p.m. GHANA KGAUHOU HEARING RE REAL BEACH RESOR"f PROPERTY TAX RATES -KONA I lawai'i County Council-34 Page 9 April 21, 2004 STATF,MENTS FROM THE PUBLIC/ADJOURNMENT (Note: B/R, as listed next to the name of an hrtroducer, signifiies that the Council Member has agreed to introduce legislation "By RequesP' 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 plrysical disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by April 19, 2004. Persons using "fDDs may cal 1961-8521. 'T'hose desiring to speak on matters listed on the Order of Business must register at the Counq~ Clerk's (~ftice prior to the convening of the meeting. Copies may be viewed at the Hawaii County Services Office at 7~-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 2~ 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, April 28, 2004, at 6 p.m.; Sunday, May 2, 2004, at 1030 a.m.; and Wednesday, May 5, 2004, at 6 p.m.