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HomeMy WebLinkAboutAGE COUNCIL 07/23/2004 2002-2004 JAMES Y. ARAKAKI Mwor„~ AARON S.Y. CHUNG Vii' LENINGRAD ELARIONOFF (lino num & PreviAing Officer '6,. FRED C. HOLSCHUH, M.D. L CURTIS'IYLER, III - BOB JACOBSON Tice Chnlrrnnn y~~ JOE REYNOLDS r "r GARY SAFARIK MICHAEL C. TULANG COUNTY COUNCIL County of Hawai `i Hnwai'i County Building 25 Aupuni Street Hilo, Hawaii 96720 40°i Scss~on ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii c. Friday, July 23, 2004 ~ 9:00 a.m. INVOCATION Reverend Midori Kondo, Honpa Hon~vanji Hilo Betsuin ~ N CALL 7'O ORDER 8011 ('ALL PLEDUF, OF ALLEGIANCE APPROVAL. OF MINUTES May 19, 2004 (Note: Please two cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is an Equal Opportunity Provider and Emp/Dyer. Hawaii County Council-40 Page 2 July 23, 2004 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORllER OF RESOLUTIONS Res. 198-04 Accepts the Dedication of Road Right-of-Way Approximately 15,768 Square Feet (Dra1~ 2): for the K7kaha Street Extension from Gerald T. Kodama, Situate at Waiakea, District of South Hilo, County and State of Hawaii, Bearing Tax Map Key (3) 2-4-003:074 (Por.), to the County of Hawaii; Re: Comm. 652.1 Intr. by: Mr. Safarik Approve: PWIRC-55 aad Comm. 652.2: From Council Member Gary Safarik, dated July 14, 2004. Res. 200-04: Authorizes the Acceptance of a Donation of Equipment to the Aquatics Division of the Department of Parks and Recreation from the Neighborhood Place of Kona's Pulama Project and is valued at $2,400. {To be used for the Junior Lifesaving and Ciuardstart programs at the Konawaena Pool. } Re: Comm. 660 Intr. by: Mr. Chung Approve: FG268 Res. 201-04: Authorizes the Payment of Funds of a Later Fiscal Year and of More than One Fiscal Year for Multi-Year Leases for Two (2) Copiers for the Office of the Corporation Counsel's Family Support Division. {This five-year lease abneement for the copiers will increase staff productivity via faster digital copying, scanning, and network printing. } Re: Comm. 661 Intr. by: Mr. Chung Approve: FG269 Hawaii County Council-40 Page 3 July 23, 2004 Res. 202-04: Approves the Cost Items Provided for in a Supplemental Agreement Affecting SHOPO Bargaining Unit 12 and Employees Excluded from Bargaining Unit 12 for the Period July 1, 2004 Through June 30, 2007. {Cost item presented is an increase to the automobile allowance for police officers, both included and excluded, from the bargaining unit. } Re: Comm. 662 Intr. by: Mr. Chung Approve: FC-270 Kes. 203-04: Authorizes the Acquisition of Private Property by Eminent Domain or Negotiation for the Pahoa Village Resource Park, Pahoa, District of Puna, County and State of Hawaii, Being Tax Map Key: (3)1-5-002:024; Re: Comm. 663 Intr. by: Mr. Safarik Approve: PWIRC-56 Note: First of two required readings, Section ]O1-13, Hawaii Revised Statutes and Comm. 663.9: From Finance Director William Takaba, dated July 9, 2004; and Comm. 663.10: From Council Member Gary Safarik, dated July 14, 2004, transmitting Resolution 203-04, Draft 2. {Draft 2 places a limit on land acquisition costs. and Res. 203-04 Authorizes the Acquisition of Private Property by Eminent Domain or Negotiation (Draft 2): for the Pahoa Village Resource Park, Pahoa, District of Puna, County and State of Hawaii, Being Tax Map Key: (3)1-5-002:024; Intr. by: Mr. Safarik and Comm. 663.1 From Director of Finance William Takaba, dated July 15, 2004. Res. 204-04: Authorizes the Acceptance of a Monetary Donation of Two Thousand Dollars ($2,000) from the Daniel R. Sayre Memorial Foundation to the Hawaii County Fire Department. {Funds to be used for the purchase of a Fire Cranial Audio Transmission (CA.T.) Portable Command Post 2001-CP radio.} Re: Comm. 665 Intr. by: Mr. Chung Approve: FC-271 Hawaii County Council-40 Page 4 July 23, 2004 Res. 205-04: Authorizes the Payment of Funds of a Later Fiscal Year and of More than One Fiscal Year for aMulti-Year Lease for a Copier for the Parks and Recreation Department's Elderly Activities Division. {This three-year lease agreement for the copier should increase the productivity and efficiency of the division.}; Re: Comm. 666 Intr. by: Mc Chung Approve: FC-273 and Comm. 666.1: From Elderly Activities Division Director Harold Bugado, Parks and Recreation - Elderly Activities Division, dated July 12, 2004. Res. 206-04: Approves the Cost Adjustments Authorized by the Appropriate Authority for Excluded Managerial Employees of the County of Hawaii for the period July 1, 2003, Through June 30, 2005. {Cost items presented are an across-the-board increase and step movements. } Re: Comm. 671 Intr. by: Mr. Chung Approve: FC-274 Res. 207-04: Authorizes the Office of the Mayor to Enter into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for the Weed and Seed Coordinator Grant. {Funds to be used to subcontract with an agency for the coordination of the Weed and Seed project in Pahoa town. } Re: Comm. 681 Intr. by: Mr. Chung Waived: FC Res. 208-04: Authorizes the Office of the Mayor to Enter into an Agreement with the State of Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for the Sex Offender Publication and Tracking Program Grant. {Funds to be used to assist in a statewide program to register and track sex offenders. } Re: Comm. 682 Intr. by: Mr. Chung Waived: FC Hawaii County Council-40 Page 5 July 23, 2004 Res. 209-04: Authorizes the Acceptance of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) from the United States Department of the Interior National Park Service. {Funds to be used to purchase a fire engine for Fire Station 19, located at Kilauea Military Camp (KMC), to ensure continued fire and emergency services in the Volcano area. } Re: Comm. 685 Intr. by: Mr. Chung Waived: FC Res. 21 1-04: Resolution of Final Determination to Proceed to Create, Define, Finance and Construct a Water System Improvement District for the Kona Coastview and Kona Wonderview Subdivisions. {Timely adoption of this resolution will facilitate a critical timetable of actions by the Council, which includes adoption of an ordinance establishing assessments for the Kona Coastview and Kona Wonderview Water Improvement District, adoption of bond ordinances to close all loans for this project, and to facilitate timely start-up of construction.}; Re: Comm. 693 Intr. by: Mr. Tyler Waived: FC and Comm. 693.1: From Amber and Dan Ellis, dated July 7, 2004; and Comm. 693.2: Bid Tabulations, Submitted by the Legislative Auditor's Office; and Comm. G93.3: From Elaine Coats, dated July 12, 2004; and Comm. G93.4: From Joseph M. Gatti and Amy R. Fine, dated July 12, 2004; and Comm. 693.5: Genera] Layout Plan (Map), Submitted by the Legislative Auditor's Office; and Comm. 693.6: Improvement District Information Summary, Submitted by the Legislative Auditor's Office; and Comm. 693.7: From Susan McGeaehy, dated July 12, 2004; and Comm. 693.8: From John Delman Dykes, Jr., dated June 28, 2004; and Comm. 693.9: From John Delmon Dykes, Jr., dated July 9, 2004; and Comm. 693.10: From Lorraine P. Shin, State Director, USDA Rural Development, dated July 9, 2004; and Comm. 693.1 1: From John Delmon Dykes, Jr., dated July 13, 2004. Res. 212-04: Authorizes the Mayor or His Duly Authorized Representative to Negotiate and to Execute Necessary Documents with RS 10 Kalaoa, LLC, to Satisfy Condition "K" of Ordinance No. 97-56. Re: Comm. 694 Intr. by: Mr. Safarik Approve: CHA -July 7, 2004 I lawai'i County Council-40 Page 6 July 23, 2004 Res. 213-04: Authorizes the Mayor or His Duly Authorized Representative to Negotiate and to Execute Necessary Documents with WB KD Acquisitions, LLC, to Satisfy Condition "T" of Ordinance No. 99-42. Re: Comm. 695 Intr. by: Mr. Safarik Approve: CHA -July 7, 2004 Res. 214-04: Accepts the Donation of a Roadway Lot Known as Ainaloa Boulevard from the Ainaloa Community Association, Inc. {Replaces Resolution 217-02, which was filed at the Council's June 16, 2004, meeting.} Re: Comm. 696 Intr. by: Mr. Safarik Waived: PWIRC BILLS FOR ORDINANCES (FIRST READING) Bill 282: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Increases revenues in Contribution from Private Source ($2,000); appropriates same to Rescue Equipment-Private.} Ke: Comm. 665 Intr. by: Mr. Chung Approve: FG272 Bill 283: Amends the State Land Use Boundaries Map, H-14 for the County of Hawaii, by Changing the District Classification from the Agricultural to the Rural District at Ouli, South Kohala, Hawaii, Covered by Tax Map Key 6-2-I 1:10 (approx. 5.832 acres). {Nedra Roberts, Applicant.} Re: Comm. 667 Intr. by: Mr. Elarionoff Approve: PC-94 Hawaii County Council-40 Page 7 July 23, 2004 Bill 284: Amends Section 25-8-7 (North and South Kohala District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawaii, Covered by Tax Map Key 6-2-1 1:10 (approx. 5.832 acres). {Nedra Roberts, Applicant.} Re: Comm. 667 Intr. by: Mr. Elarionoff Approve: PC-95 13111 285: Amends the State Land Use Boundaries Map, H-14 for the County of Hawaii, by Changing the District Classification from the Agricultural to the Rura] District at Ouli, South Kohala, Hawaii, Covered by Tax Map Key 6-2-11:76 (approx. 5.002 acres). {Gary and Betsy Queen, Applicant.} Re: Comm. 668 Intr. by: Mr. Elarionoff Approve: PC-96 13111 286: Amends Section 25-8-7 (North and South Kohala District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawaii, Covered by Tax Map Key 6-2-11:16 (approx. 5.002 acres). {Gary and Betsy Queen, Applicant.} Re: Comm. 668 Intr. by: Mr. Elarionoff Approve: PG97 Bill 287: Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-20a) to Agricultural (A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax Map Key 7-3-26:15 (approx. 25.687 acres.) ;William H. McClintick, Applicant.} Re: Comm. 669 Intr. by: Mr. Elarionoff Approve: PC-98 Hawaii County Council-40 Page 8 July 23, 2004 Bill 292: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of liawai'i for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants -Weed & Seed Coordinator ($52,222); appropriates same to Weed & Seed Coordinator.} Re: Comm. 681 Intr. by: Mr. Chung Waived: FC Bill 293: Amends Ordinance 04-74, as Amended, the Operating Budget far the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants -Sex Offender Publication & Tracking Program ($147,179); appropriates same to Sex Offender Publication & Tracking Program. } Re: Comm. 682 intr. by: Mc Chung Waived: PC ORDER OF THE llAY (SECOND OR FINAL READING) Bill 178 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 3): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Genera] 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. 400.62 Intr. by: Mr. Elarionoff Deferred: December 17, 2003 and May 5, 2004 Public Hearing: January 23, 2004 1"Reading: April 21, 2004 n~~d Comm. 400.55: From Lane Kaaiai, dated April 20, 2004; and Comm. 400.56: From Dr. Robert Warmington, dated April 21, 2004; and Comm. 400.57: From Louis Copman, M.D., dated April 19, 2004; and Comm. 400.58: From Cliff M. Morris, Managing Member, Clifto's Kona Coast, LLC; and Comm. 400.59: From Mark Wilson, dated April 20, 2004; and Comm. 400.60: From Aaron Stene, dated April 27, 2004; and Comm. 400.61: From Richard A. Pound, G. Paul, and Jan Edward J., dated April 20, 2004; and Cumm. 400.63: From Larry K. Bryan, dated April 24, 2004. (Note: 'T'here is a pending motion by Mr. Elarionoff and duly seconded by Mr. Reynolds to approve Bill 178, Draft 3.) Hawaii County Council-40 Page 9 July 23, 2004 Bill 279 Amends Chapter 2, Article 16 of the Hawaii County Code 1983 (]995 (Draft 2): Edition), Administration, Relating to Travel and Other Expenses. {Increases the allowable daily rental cost of U-drive cars and parking charges from $50 to $75 a day.}; Re: Comm. 646.1 Intr. by: Mr. Arakaki (B/R) 1" Reading: July 8,2004 and Comm. 6463: From Finance Director William Takaba, dated June 30, 2004. KEPORTS PC-267 Recommends the acceptance of a monetary donation of $50 by Patrick and Patricia (Comm. 659): Milligan (in memory of Mrs. Miyako Takeda and Mrs. Joyce Watts), to the Parks and Recreation Department for programs at the Pana`ewa Rainforest Zoo. REFERKALS FOR EXECUTIVE SESSION (1'he 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. 362.1: WALTER JOHN KELLY, ET. AL. V. 1250 OCEANSIDE PARTNERS, ET. AL. CIVIL NU. 00-1-00192K From Deputy Corporation Counsel Ivan M. Torigoe, dated April 26, 2004. Deferred: May 5, May 19, June 2, and July 8, 2004 and Comm. 3622: From Deputy Corporation Counsel Ivan M. Torigoe, dated May 4, 2004; and Comm. 3623: From Deputy Corporation Counsel Ivan M. Torigoe, dated May 17, 2004;and Comm. 362.4: From Deputy Corporation Counsel Ivan M. Torigoe, dated June 1, 2004;and Comm. 362.5: From Deputy Corporation Counsel Ivan M. "Forigoe, dated July 1, 2004. OTHEK BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Ilawai'i County Council-40 Page 10 July 23, 2004 ANNOUNCEMENTS TUESDAY, AUGUST 3, 2004 COMMITTEES TBA COUNCIL ROOM WENDESDAY, AUGUST 4, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, AUGUST 17, 2004 COMMITTEES TBA COUNCIL ROOM WENDESDAY, AUGUST 18, 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.) fhe meeting place is accessible for persons with physical disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by July 21, 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 Oftice prior to the convening of the meeting. Copies may be viewed at the Hawaii County Services Oftce at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clcrl<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'helevision: Channel 52 (Hilo and Kona) Wednesday, July 28, 2004, at 6 p.m.; Sunday, August 1.2004, at 10:30 a.m.; and Wednesday, August 4, 2004, at 6 p.m.