Loading...
HomeMy WebLinkAboutAGE COUNCIL 09/01/2004 2002-2004 JAMES Y. ARAKAKI `~i-`•"!4~~ AARON S.Y. CHUNG C'hnirmnn & Presiding Officer ~-`y ~ LENINGRAD ELARIONOFF . ~ FRED C. HOLSCHUH, M.D. J. CURTIS TYLER, III BOB JACOBSON Vire Chnirmnn • •'h,a w''ti•`` JOE REYNOLDS GARY SAFARIK MICHAEL C. TULANG COUNTY COUNCIL ~ County ofHawai'i ~ . Hawaii County Building 25 Aupuni Street rv7 Hilo, Hawai`i96720 N 43rd Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, September 1, 2004 9:00 a.m. INVOCATION Deacon Leroy Andrews, St. Joseph Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES June 16, 2004 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council-43 Page 2 September 1, 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. 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 Deferred: July 23, 2004 Res. 215-04: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $363,221 out and from Contingency Relief; credits same to Transfer to Solid Waste Fund. Funds to help the Environmental Management Department comply with its Consent Agreement with the State Department of Health and to help implement measures to increase diversion from both the Hilo and Pu`uanahulu landfills.} Re: Comm. 709 Intr. by: Mr. Chung Approve: FC-283 Res. 216-04: Creates Two (2) Equipment Operator III Positions and Two (2) Solid Waste Transfer Station Attendant Positions for the Department of Environmental Management Solid Waste Division's South Hilo Sanitary Landfill. {These positions to help conserve airspace at the landfill, increase compaction of waste, and reduce environmental liabilities relative to litter control, storm water management, and the hazardous waste exclusion program. } Re: Comm. 709.1 Intr. by: Mr. Chung Approve: FC-292 Hawaii County Council-43 Page 3 September 1, 2004 Res. 2 ] 9-04: Accepts the Dedication of Roadway Lot A (1.033 Acres), for Road Right-of--Way from Hawaii Island Community Development Corporation, a Nonprofit Corporation, Situate at Pu`ukapu, Waimea, South Kohala, County and State of Hawaii, Bearing Tax Map Key (3) 6-4-034:055, to the County of Hawaii. Re: Comm. 717 Intr. by: Mr. Safarik Approve: PWIRC-58 Res. 220-04: Authorizes the Receipt and Expenditure of Bay Clinic's Hawaii County Youth Anti-Drug Fund Community Grant Program Award of $1,000 to the Department of Parks and Recreation. {Funds to be used to defray costs incurred by the Recreation Division's Honoka`a Summer Fun Youth Camp.} Re: Comm. 718 Intr. by: Mr. Chung Approve: FC-284 Res. 221-04: Authorizes the Acceptance of a Donation of Fifteen (15) First Responder Medical Kits and Three (3) Mega Medic Kits to the Hawaii County Fire Department from the Ocean View Community Association, Inc., and is valued at $3,000. {Funds to be used by the Ocean View Volunteer Fire Department.} Re: Comm. 719 Intr. by: Mr. Chung Approve: FC-286 Res. 222-04: Authorizes the Acceptance of an Automatic External Defibrillator (AED) for the County of Hawaii, Department of Parks and Recreation Honoka`a Pool from Mr. Lawrence M. O. Chun, in memory of Sergeant First Class Wesley John Kealoha Batalona, U.S. Army Retired, and is valued at $1,200. Re: Comm. 721 Intr. by: Mr. Holschuh Approve: FC-288 Res. 223-04: Creates a Victims Services Technician (Temporary) Position for the Hawaii County Police Department. {This position to assist the Juvenile Aid Section with the administrative and technical support of the Domestic Violence and Sexual Assault Unit. } Re: Comm. 723 Intr. by: Mr. Chung Approve: FC-289 Hawaii County Council-43 Page 4 September 1, 2004 Res. 224-04 Requests the Mayor to Develop a Transition and Implementation Plan for (Draft 3): Conversion from Subsidized Private Vehicles in Police Service to a County-Owned Fleet of Police Vehicles Commencing in Fiscal Year 2006-07. {Establishes a Police Fleet Implementation Working Group to be supported by a $20,000 Council contingency fund appropriation.} Re: Comm. 724.3 Intr. by: Mr. Chung Approve: FC-290 BILLS FOR ORDINANCES (FIRST READING) Bill 304: 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 Transfer from Genera] Fund ($363,221); appropriates to the following accounts: Landfills Salary and Wages ($93,096), Recycling Program ($I 12,500), Pu`uanahulu -West Hawaii Landfill Other Current Expenses ($125,000), Pension Accumulation-Landfill ($12,103), Federal Insurance Contributions Act Employer Share -Landfill ($7,122), and Employee Health Plans -Landfill ($13,400), for a total of $363,221.} Re: Comm. 709 Intr. by: Mr. Chung Approve: FC-291 Bill 307: 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 -Youth Anti-Drug Community Grant ($1,000); appropriates same to Youth Anti-Drug Community Grant. } Re: Comm. 718 Intr. by: Mr. Chung Approve: FC-285 Bill 308: 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 -Traffic Investigation Program ($6,800); appropriates same to Traffic Investigation Program. Funds to be used for travel expenses to attend and participate in the statewide Traffic Investigation Training on Maui.} Re: Comm. 720 Intr. by: Mr. Chung Approve: FC-287 Hawaii County Council-43 Page 5 September 1, 2004 Bill 309 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 Open (O) to Industrial-Commercial Mixed (MCX-20) and General Industrial (MG-la) at Honokohau ls` and 2°°, North Kona, Hawaii, Covered by Tax Map Key 7-4-S:Portion 13 & 30 (Parcel 1 approx. 186.733 acres, Parcel 2 approx. 85.733 acres, and Parcel 3 approx. 9.901 acres. {West Hawaii Business Park, LLC, Applicant.}; Re: Comm. 722.3 Intr. by: Mr. Elarionoff Approve: PC-107 and Comm. 722.2: From Planning Committee Chair Leningrad Elarionoff, dated August 24, 2004. ORDER OF THE DAY (SECOND OR FINAL READING) 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 Slreet and restores this space to regular parking.} Re: Comm. 676 Intr. by: Mr. Safarik 1 s` Reading: August 18, 2004 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 1 s` Reading: August 18, 2004 Bill 300 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 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. 699.4 Intr. by: Mr. Elarionoff 1~` Reading: August 18, 2004 Hawaii County Council-43 Page 6 September 1, 2004 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 Kohanaild, 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 1 s' Reading: August 18, 2004 Bill 302 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 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. 700.5 Intr. by: Mr. Elarionoff 1~` Reading: August 18, 2004 Bill 303: Amends Ordinance No. 92 91 Which Amended Ordinance No. 89-50, 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). {DJSM, LLC, Applicant. } (Time extension to Condition C to secure Final Plan Approval.); Re: Comm. 702 Intr. by: Mr. Elarionoff 1" Reading: August 18, 2004 and Comm. 702.1: From Planning Committee Chair Leningrad Elarionoff, dated August 21, 2004, transmitting Bill 303, Draft 2. Draft 2 incorporates the metes and bounds description; and Bill 303 Amends Ordinance No. 92 91 Which Amended Ordinance No. 89-50, Which (Draft 2): 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). {DJSM, LLC, App] icant. } Intr. by: Mr. Elarionoff Hawaii County Council-43 Page 7 September 1, 2004 REPORTS 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. 403.2: WENDELL TANGARO V. JOSEPH BOTELHO, ET AL., CIVIL NO. 03-00211 DAE/LEK From Deputy Corporation Counsel Harry P. Freitas, dated August 19, 2004. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 400.114: MAYOR'S VETO MESSAGE REGARDING BILL 178, DRAFT 5, RELATING TO THE CHANGE OF ZONE REQUEST BY CLIFTO'S KONA COAST, LLC, APPLICANT From Mayor Harry Kim, dated August 23, 2004, returning Bill 178, Draft 5, stating his reason for disapproval, as listed; and Bill 178 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 5): (Zoning Code) of the Hawaii County Code, by Changing the District Classification 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. 400.93 Intr. by: Mr. Elarionoff Deferred: December 17, 2003 and May 5, 2004 Public Hearing: January 23, 2004 1 s` Reading: April 21, 2004 Held Over: July 23, 2004 2"d Reading: August 4, 2004 Mayor's Veto: August 23, 2004 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-43 Page 8 September 1, 2004 ANNOUNCEMENTS TUESDAY, SEPTEMBER 14, 2004 COMMIT'T'EES 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 30, 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, September 8, 2004, at 6 p.m.; Sunday, September 12, 2004, at 10:30 a.m.; and Wednesday, September 15, 2004, at 6 p.m.