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.