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Home My WebLink AboutAGE COUNCIL 01/07/2004 2002-2004 ACTIONS JAMES Y. ARAKAKI AARON S.Y. CHUNG LENINGRAD ELARIONOFF Chairman & Presiding Officer FRED C. HOLSCHUH, M.D. J. CURTIS TYLER, III BOB JACOBSON JOE REYNOLDS Vice Chairman GARY SAFARIK MICHAEL C. TULANG COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 27 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, January 7, 2004 9:00 a.m. INVOCATION Reverend Bob Thompson, Puna Congregational Christian Church CALL TO ORDER 9:08 a.m. ROLL CALL All Present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES August 6, 2003; and August 20, 2003 - APPROVED (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-27 Page 2 January 7, 2004 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 448: PROPOSED LEGISLATIVE ITEMS FOR INCLUSION IN THE 2004 HSAC LEGISLATIVE PACKAGE From Hawai‘i State Association of Counties Vice President Gary S. Safarik, dated December 29, 2003, submitting for consideration and approval the following legislative items for inclusion in the 2004 Legislative Package: 1) Repeal of the law allowing the State Auditor to charge counties for costs associated with the legislative mandated auditors or to amend it to provide for legislative appropriations to accompany legislative mandated audits of the counties; and 2) Repeal of the sunset provisions in the lifeguard immunity laws. Waived: PWIRC ADOPTED RECOMMENDATIONS #1 AND #2 STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 135-03: Authorizes the Acceptance of Six (6) Sets of Lock Displays to the Hawai‘i County Police Department. {Donation from Solution 2003 – Neighborhoods in Action for the community policing officers to educate the community (estimated value of $565).} Re: Comm. 429 Intr. by: Mr. Tyler Approved: FC-186 ADOPTED 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. ABSENT & EXCUSED: None. Hawai‘i County Council-27 Page 3 January 7, 2004 BILLS FOR ORDINANCES (FIRST READING) Bill 193: 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: Puainako Street Extension Project – County Match ($700,000); funds to be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($700,000).} Re: Comm. 430 Intr. by: Mr. Chung Approved: FC-187 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. ABSENT & EXCUSED: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 140: 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 PARKS & RECREATION: Ho‘okena Beach Park Water Meter ($33,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($33,000).} Re: Comm. 327 Intr. by: Mr. Jacobson st 1 Reading: December 17, 2003 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. ABSENT & EXCUSED: None. Bill 183 Amends Chapter 2 of the Hawai‘i County Code 1983 (1995 Edition), (Draft 2): Administration, Relating to the Establishment of a Disaster and Emergency Fund. {Creates a special fund providing immediate response to repair county facilities and infrastructure due to damages caused by natural or man-made disasters or other emergencies, and to clean up property when such action serves a public purpose.} Hawai‘i County Council-27 Page 4 January 7, 2004 Re: Comm. 414.1 Intr. by: Mr. Arakaki st 1 Reading: December 17, 2003 and Comm. 414.2 From Council Chair James Y. Arakaki, dated December 29, 2003, transmitting Bill 183, Draft 3; and Bill 183 Amends Chapter 2 of the Hawai‘i County Code 1983 (1995 Edition), (Draft 3): Administration, Relating to the Establishment of a Disaster and Emergency Fund. {Draft 3 changes the maximum allowable appropriation per year from $500,000 to $1,000,000.} ND PASSED 2 & FINAL READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. ABSENT & EXCUSED: None. Bill 184: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Single Family Residential (RS-10) to Industrial- Commercial Mixed (MCX-20) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-2-37:41 (124,002 sq. ft.). {State of Hawai‘i, Department of Land and Natural Resources, applicant.} Re: Comm. 415 Intr. by: Mr. Elarionoff st 1 Reading: December 17, 2003 ND PASSED 2 & FINAL READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. ABSENT & EXCUSED: None. Bill 185: 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 POLICE: Microwave Relocation & System Renovation – Private ($700,000); funds to be provided from Private Contributions ($700,000).} Re: Comm. 418 Intr. by: Mr. Chung st 1 Reading: December 17, 2003 2/3 Vote: Section 10-6(d), Hawai‘i County Charter and Hawai‘i County Council-27 Page 5 January 7, 2004 Comm. 418.2: From Finance Director William Takaba, dated December 10, 2003. ND PASSED 2 & FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. 1 ABSENT & EXCUSED: Council Member Reynolds. Bill 186: 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: Flood Disaster Projects – County Match ($500,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($500,000).} Re: Comm. 420 Intr. by: Mr. Chung st 1 Reading: December 17, 2003 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. 1 ABSENT & EXCUSED: Council Member Reynolds. Bill 187 Amends Chapter 24 of the Hawai‘i County Code 1983 (1995 Edition) (Draft 2): Relating to Vehicles and Traffic by Exempting Totally Disabled Veterans from Certain Fees. {Exempts totally disabled veterans from certain motor vehicle fees.} Re: Comm. 421.1 Intr. by: Mr. Chung st 1 Reading: December 17, 2003 ND PASSED 2 & FINAL READING 6 AYES: Council Members Chung, Holschuh, Jacobson, Safarik, Tulang, and Chairman Arakaki. 2 NOES: Council Members Elarionoff and Tyler. 1 ABSENT & EXCUSED: Council Member Reynolds. Bill 188: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2004. {Increases revenues in Fund Balance From Previous Year ($312,215); appropriates same to Landfills – Other Current Expenses.} Re: Comm. 422 Intr. by: Mr. Chung st 1 Reading: December 17, 2003 and Hawai‘i County Council-27 Page 6 January 7, 2004 Comm. 422.1: From Environmental Management Director Barbara Bell, dated December 2, 2003. ND PASSED 2 & FINAL READING 7 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Tulang, Tyler, and Chairman Arakaki. 1 NO: Council Member Safarik. 1 ABSENT & EXCUSED: Council Member Reynolds. REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: month ended November 30, 2003. APPROVED 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. 166.1: JACK BRUNTON V. COUNTY OF HAWAI‘I, ET AL., CIV. NO. CV02-00414 SOM LEK From Corporation Counsel Lincoln S. T. Ashida, dated November 26, 2003. Deferred: December 17, 2003 CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 434: JEANNE R. GOULETTE, ET AL. VS. STEFFEN S. ERLER, ET AL., CIVIL NO. 02-1-0047; CASSANDRA GOULETTE, ET AL. VS. STEFFEN S. ERLER, ET AL., CIVIL NO. 02-1-0101 From Deputy Corporation Counsel Joseph K. Kamelamela dated December 15, 2003. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 370.5: MAYOR’S VETO MESSAGE REGARDING BILL 159, DRAFT 2, RELATING TO THE STATE LAND USE BOUNDARY AMENDMENT REQUEST BY PUNA SUGAR MILL, LLC, APPLICANT From Mayor Harry Kim, dated December 17, 2003, returning Bill 159, Draft 2, stating his reason for disapproval, as listed. and Bill 159 Amends the State Land Use Boundaries Map, H-66 for the County of (Draft 2): Hawai‘i, by Changing the District Classification from the Agricultural to Hawai‘i County Council-27 Page 7 January 7, 2004 the Urban District at Kea‘au, Puna, Hawai‘i, Covered by Tax Map Key 1-6-3:Por. 99. {Approx. 14.901 acres; Puna Sugar Mill, LLC, applicant.} Re: Comm. 370.1 Intr. by: Mr. Arakaki st 1 Reading: November 19, 2003 nd 2 Reading: December 3, 2003 Mayor’s veto: December 17, 2003 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, Hawai‘i County Charter). For purposes of Chapter 92, Hawai‘i Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. OVERRODE MAYOR'S VETO & PASSED 7 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, and Chairman Arakaki. 2 NOES: Council Members Jacobson and Tyler. ABSENT & EXCUSED: None. Comm. 370.6: MAYOR’S VETO MESSAGE REGARDING BILL 160, DRAFT 3, RELATING TO THE CHANGE OF ZONE REQUEST BY PUNA SUGAR MILL, LLC, APPLICANT From Mayor Harry Kim, dated December 16, 2003, returning Bill 160, Draft 3, stating his reason for disapproval, as listed. and Bill 160 Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter (Draft 3): 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Agricultural (A-20a) to Limited Industrial (ML-20) and Agricultural (A-5a) at Kea‘au, Puna, Hawai‘i, Covered by Tax Map Key 1-6-3:99. {Parcel "A," approx. 14.901 acres and Parcel "B," approx. 8.724 acres; Puna Sugar Mill, LLC, applicant.} Re: Comm. 370.2 Intr. by: Mr. Arakaki st 1 Reading: November 19, 2003 nd 2 Reading: December 3, 2003 Mayor’s veto: December 16, 2003 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 Hawai‘i County Council-27 Page 8 January 7, 2004 approve it again (2/3 majority vote) (See Article III, Section 3-12, Hawai‘i County Charter). For purposes of Chapter 92, Hawai‘i Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. OVERRODE MAYOR'S VETO & PASSED 7 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, and Chairman Arakaki. 2 NOES: Council Members Jacobson and Tyler. ABSENT & EXCUSED: None. ANNOUNCEMENTS THURSDAY, JANUARY 22, 2004 COMMITTEES TBA COUNCIL ROOM FRIDAY, JANUARY 23, 2004 COUNCIL 9:00 a.m. OHANA KEAUHOU COUNCIL PUBLIC 5:00 p.m. BEACH RESORT HEARING RE BILL 178, DRAFT 2 TUESDAY, FEBRUARY 3, 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, FEBRUARY 4, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM STATEMENTS FROM THE PUBLIC/ADJOURNMENT 11:45 a.m. (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 January 5, 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 Hawai‘i County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawai‘i 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawai‘i 96720; and the County Council’s Kona Branch Office at 77-6399 Nalani Street, Suite 104, Kailua-Kona, Hawai‘i 96740. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, January 14, 2004, at 6 p.m.; Sunday, January 18, 2004, at 10:30 a.m.; and Wednesday, January 21, 2004, at 6 p.m.