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Home My WebLink AboutAGE COUNCIL 08/18/2004 2002-2004 o JAMES Y. ARAKAKI ~`~""hy AARON S.Y. CHUNG Chnirmon & Presiding OfJimr ~ LENINGRAD ELARIONOFF FRED C. HOLSCHUH, M.D. J. CURTIS TYLER, III BOB JACOBSON Vice Chnirmm~ JOE REYNGLDS GARY SAFARIK MICHAEL C. TULANG COUNTY COUNCIL County of Hawaii Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 ~ ' ~ ` - c. 42nd Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, August 18, 2004 9:00 a.m. INVOCATION Reverend Brian Welsh, Haili Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES June 2, 2004 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is an Equa[ Opportunity Provider and Employer. Hawaii County Council-42 Page 2 August 18, 2004 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. 226-04: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits the Same to a Designated Fund Account(s). {Transfers/appropriates $8,703.50 out and from the Clerk-Council Services - Contingency Relief Miscellaneous Charges account; credits same to the Prosecuting Attorney -Weed & Seed Coordinator account.} Re: Comm. 726 Intr. by: Mr. Safarik Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 249: Amends Section 25-8-28 (Ka`u 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 Project District at Palima and Paauau, Ka`u, Hawaii, Covered by Tax Map Key 9-6-5:18 and 9-6-6:4 (approx. 171.782 acres, more or less). {Hester Farming Co., LLC, Applicant. Re: Comm. 561 Intr. by: Mr. Elarionoff Deferred: May 19, 2004 Public Hearing: June 7, 2004 Approve: PC-90 and Comm. 561.3: From Samuel Keolamauloa Kaluna, II, Prime Minister, Na Kupuna Council O Hawaii Nei, Na Kupuna Council Hawaii Moku, dated June 9, 2004; and Comm. 561.4: From Richard and Sandra Reha, and Mary and Clint Strong, dated June 3, 2004; and Comm. 56].5: Petition containing 16 signatures; and Comm. 561.6: Petition containing 69 signatures; and Comm. 561.7: From "Very Concerned Citizens' ;and Comm. 561.8: From Sidney M. Fuke, of"Sidney Fuke, Planning Consultant", dated August 10, 2004. (Note: There is a pending motion by Mr. Elarionoff and duly seconded by Mr. Holschuh to approve Bill 249.) Hawaii County Council-42 Page 3 August 18, 2004 Bill 289: Repeals Ordinance No. 03-41 and Amends Chapter 24 of the Hawaii County Code 1983 (1995 Edition) Relating to Vehicles and Traffic. {Removes the passenger loading zone fronting the former After Hours Clinic located at 140 Kinoole Street and restores this space to regular parking.} Re: Comm. 676 Intr. by: Mr. Safarik Approve: PWIRC-57 Bill 299: Amends the State Land Use Boundaries Map, H-2 for the County of Hawaii, by Changing the District Classification from the Agricultural to the Urban District at O`oma 1st, North Kona, Hawaii, Covered by Tax Map Key 7-3-10: Portion of 3 (approx. 10.001 acres). {Westpro Development, Inc., Applicant.} Re: Comm. 699 Intr. by: Mr. Elarionoff Approve: PC-102 Bill 300 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-Sa) to Multiple Family Residential (RM-4) at O`oma 1st, North Kona, Hawaii, Covered by Tax Map Key 7-3-10:Portion of 3 (approx. 10.001 acres). {Westpro Development, Inc., Applicant.} Re: Comm. 699.3 Intr. by: Mr. Elarionoff Approve: PC-106 Bill 301: Amends the State Land Use Boundaries Map, H-7 for the County of Hawaii, by Changing the District Classification from the Agricultural to the Rural District at Kohanaiki, North Kona, Hawaii, Covered by Tax Map Key 7-3-19:28 (approx. 4.07 acres). {Tom Smith, Applicant.} Re: Comm. 700 Intr. by: Mr. Elarionoff Approve: PC-103 Hawaii County Council-42 Page 4 August 18, 2004 Bill 302 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-3a) to Residential and Agricultural (RA-.Sa) at Kohanaiki, North Kona, Hawaii, Covered by Tax Map Key 7-3-19:28 (approx. 4.07 acres). {Tom Smith, Applicant.} Re: Comm. 700.3 Intr. by: Mr. Elarionoff Approve: PC-104 Bill 303: Amends Ordinance No. 92 91 Which Amended Ordinance No. 89-SQ, Which Reclassified 47,680 Square Feet of Land from Single Family Residential (RS- 10) to General Commercial (CG-10) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-28:29 (approx. 47,680 square feet). {D7SM, LLC, Applicant.} (Time extension to Condition C to secure Fina] Plan Approval.) Re: Comm. 702 Intr. by: Mr. Elarionoff Approve: PC-105 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 280 Amends the Hawaii County Code 1983 (1995 Edition), as Amended, by Adding a (Draft 2): New Chapter Relating to Business Improvement Districts. {Enables the establishment and creation of Business Improvement Districts, which provides an alternate method of financing supplemental services and improvements when public funds are not available. } Re: Comm. 647.9 Intr. by: Mr. Tyler 1" Reading: August 4, 2004 Bill 290: 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 Federal Grants -Victims Services Coordinator Project ($5,000); appropriates same to Victims Services Coordinator. Program includes the hiring of a Victims Services Coordinator to service the on-going needs of victims from domestic violence/sexual assault while cases remain under investigation and for the purchasing of equipment and supplies.} Re: Comm. 678 Intr. by: Mr. Chung 1 Reading: August 4, 2004 Hawaii County Council-42 Page 5 August 18, 2004 Bill 294 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-3a) to Single Family Residential (RS-]0) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-4-38:8 (approx. 4.334 acres). {Gerald Yamada, Applicant.} Re: Comm. 686.1 Intr. by: Mr. Elarionoff ls' Reading: August 4, 2004 Bill 295: Amends Ordinance No. 93 62, Which Reclassified Lands from Limited Industrial (ML-20) to General Industrial (MG-la) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-1-7:9 (approx. 1.028 acres). {Hilo Storage Partners, LLC, Applicant. } (Amendment to Change of Zone Ordinance No. 93-62, Condition F, deletes curb/gutter/sidewalk requirement along Ocean View.) Re: Comm. 687 Intr. by: Mr. Elarionoff ls` Reading: August 4, 2004 Bill 296: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds PUBLIC WORKS: Kilauea Corridor Traffic Signal Upgrade Project -Federal ($500,000); funds to be provided from Federal Grants Receivable ($500,000). Funds to be used to cover anticipated construction bid amount, cost of construction engineering and possible future costs such as change orders due to unforeseen conditions relating to upgrading the signal systems at the intersections of Kilauea Avenue with Kawailani Street, Kawili Street, Mohouli Street, Aupuni Street, and Kekuanao`a Street; including asphalt concrete paving; and constructing curb ramps, and concrete curb/gutter/sidewalks. } Re: Comm. 689 Intr. by: Mr. Chung 1"Reading: August 4, 2004 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bil] 297: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants -Automated External Defibrillator Access Program ($62,000); appropriates same to Automated External Defibrillator Access Program.} Re: Comm. 690 Intr. by: Mr. Chung 1"Reading: August 4, 2004 Hawaii County Council-42 Page 6 August 18, 2004 Bill 298: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005. {Adds PUBLIC WORKS: Kuakini Highway Improvements, Palani Road to Hualalai Road - Federal ($6,000,000); funds to be provided from Federal Grants Receivable ($6,000,000). Funds to be used to cover anticipated construction bid amount, cost of construction engineering/management, and possible future costs such as increase in utility costs and change orders due to unforeseen conditions relating to the widening of Kuakini Highway within the project limits, concrete curb/gutter/sidewalk, paving, drainage improvements, retaining walls, traffic signal improvements and utility relocation.} Re: Comm. 691 Intr. by: Mr. Chung 1 s' Reading: August 4, 2004 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 305: Provides for the Cost of Water System Improvements in "Improvement District No. 18 -Kona Coastview and Kona Wonderview Subdivisions," District of North Kona, County of Hawaii, Fixing the Portion of the Cost to be Assessed Against Benefited Land, Imposing Assessment Lien Against Each Assessment Unit Assessed According to the Assessment, Providing for Payment of Assessments in Installments, Authorizing Finance Director to Negotiate Sale and Disrribute Official Statement, and Final Assessment Roll. Re: Comm. 712 Intr, by: Mr. Tyler 15t Reading: August 4, 2004 Bill 306: Authorizes the Issuance of General Obligation Bonds of the County of Hawaii in an Aggregate Principal Amount Not to Exceed $4,296,400.00 for the Purpose of Financing a Portion of the Costs of Constructing Public Water System Improvements in "Improvement District No. 18 -Kona Coastview and Kona Wonderview Subdivisions' ;Fixing the Form, Denomination, and Certain Details of Such Bonds; and Providing for the Sale of Such Bonds. Re: Comm. 713 Intr. by: Mr. Tyler 1" Reading: August 4, 2004 REPORTS FC-282 Recommends approval of the nomination of Ms. Karolyn P. Lundkvist (Council (Comm. 706): District 5) to the Police Commission. Hawaii County Council-42 Page 7 August 18, 2004 PC-101 Recommends approval of the nomination of Ms. Rene Siracusa (Council District 5) (Comm. 707): to the Planning Commission. 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. 362.1: WALTER JOHN KELLY, ET. AL. V. 1250 OCEANSIDE PARTNERS, ET. AL. CNIL NO. 00-1-00192K From Deputy Corporation Counsel Ivan M. Torigoe, dated April 26, 2004. Deferred: May 5, May 19, June 2, July 8, July 23, and August 4, 2004 and Comm. 362.2: From Deputy Corporation Counsel Ivan M. Torigoe, dated May 4, 2004; and Comm. 362.3: 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. Torigoe, dated July 1, 2004; and Comm. 362.6: From Deputy Corporation Counsel Ivan M. Torigoe, dated July 22, 2004; and Comm. 362.7: From Deputy Corporation Counsel Ivan M. Torigoe, dated August 3, 2004. Comm. 630.1: ELEANOR QUIOCHO VS. COUNTY OF HAWAII, ET AL. -CIVIL NO. 02-1-0306; PAULYN ESTIOKO, ET AL. VS. COUNTY OF HAWAII, ET AL. -CIVIL NO. 02-1-0307; MARGARET PARONG, ET AL. VS. COUNTY OF HAWAII, ET AL. - CNII. NO. 02-1-0308; SHERMAN WASSMAN VS. COUNTY OF HAWAII. ET AL. -CIVIL NO. 02-1-0310 From Deputy Corporation Counsel Harry P. Freitas, dated August 9, 2004. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council-42 Page 8 August 18, 2004 ANNOUNCEMENTS TUESDAY AUGUST 24 2004 FINANCE COMMITTEE 6:30 p.m. WAIMEA ELEM. WORKSHOP RE SCHOOL CAFETERIA BILL 49, DRAFT 3 TUESDAY, AUGUST 31, 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, SEPTEMBER 1, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, SEPTEMBER 14. 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, SEPTEMBER 15, 2004 COUNCIL 9:00 a.m. KING KAMEHAMEHA'S KONA BEACH HOTEL CONFERENCE ROOM 4 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 August 16, 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 may be 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, August 25, 2004, at 6 p.m.; Sunday, August 29, 2004, at 10:30 a.m.; and Wednesday, September 1, 2004, at 6 p.m.