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HomeMy WebLinkAboutAGE COUNCIL 03/05/2004 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 31 st Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawaii Friday, March 5, 2004 9:00 a.m. INVOCATION Pastor Robert Tominaga, Thy Word Ministries Faith Center of Hawaii CALL TO ORDER 9:08 a.m. ROLL CALL All Members Present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 19, 2003; December 3, 2003; December 17, 2003; DEFERRED TO NEXT January 7, 2004; and January 23, 2004 COUNCIL MEETING (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-31 Page 2 March 5, 2004 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 516: NOMINATION OF AARON CHUNG AND JO ANN YUKIMURA TO THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) APPROVED THE BOARD OF ADVISORS OF THE CENTER FOR ALTERNATIVE NOMINATIONS DISPUTE RESOLUTION From Public Works and Intergovernmental Relations Chair Gary Safarik, dated February 17, 2004, submitting for consideration and approval the nominations of Hawai‘i County Council Member Aaron Chung and Kaua‘i County Council Member JoAnn Yukimura as HSAC representatives to serve on the Board of Advisors of the Center for Alternative Dispute Resolution. Waived: PWIRC Comm. 515: NOMINATION OF DAVID B. GOMES TO THE COUNTY OF HAWAI‘I PENSION BOARD APPROVED THE From Mayor Harry Kim, dated February 11, 2004, nominating NOMINATION Mr. David B. Gomes of Council District 9 to the Pension Board. Waived: FC and Comm. 515.1: From Finance Committee Chair Aaron S. Y. Chung, dated February 25, 2004, waiving the above matter from the Committee on Finance. Comm. 519: NOMINATION OF BRIAN I. NAKASHIMA TO THE HAWAI‘I COUNTY TAX BOARD OF REVIEW APPROVED THE From Mayor Harry Kim, dated February 11, 2004, nominating NOMINATION Mr. Brian I. Nakashima of Council District 7 to the Tax Board of Review. Waived: FC and Comm. 519.1: From Finance Committee Chair Aaron S. Y. Chung, dated February 23, 2004, waiving the above matter from the Committee on Finance. Comm. 534: NOMINATION OF JOEL COHEN AND WARREN K. IOPA TO THE COUNTY OF HAWAI‘I CIVIL SERVICE COMMISSION APPROVED THE From Mayor Harry Kim, dated February 20, 2004, nominating NOMINATIONS Mr. Joel Cohen and Mr. Warren K. Iopa to the Civil Service Commission. Waived: FC Hawai‘i County Council-31 Page 3 March 5, 2004 Comm. 535: NOMINATION OF GLEN S. MATSUDA AND CLIFFORD J. WHITNEY TO THE COUNTY OF HAWAI‘I FIRE COMMISSION APPROVED THE From Mayor Harry Kim, dated February 20, 2004, nominating NOMINATIONS Mr. Glen S. Matsuda and Mr. Clifford J. Whitney to the Fire Commission. Waived: FC Comm. 536: NOMINATION OF KATHLEEN B. LASSITER TO THE COUNTY OF HAWAI‘I POLICE COMMISSION APPROVED THE From Mayor Harry Kim, dated February 20, 2004, nominating NOMNATION Ms. Kathleen B. Lassiter to the Police Commission. Waived: FC STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 143-04: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawai‘i Department of Transportation, Pursuant to HRS 46-7, for a Rural Transit Assistance Program Grant. {Funds to be used for a driver improvement program, to hold transportation conferences, and to attend meetings of the American Public Transit Association.} Re: Comm. 470 Intr. by: Mr. Chung Approved: FC-222 ADOPTED 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None. 2 ABSENT & EXCUSED: Council Members Chung and Safarik Hawai‘i County Council-31 Page 4 March 5, 2004 Res. 149-04: Authorizes the Acceptance of Roadway Lot E, Situate at Kealakehe, North Kona, Island, County and State of Hawai‘i, Being Also a Portion of the Government Land of Kealakehe, Being Also a Portion of Lot 2 of the Villages of La‘i‘opua, Phase 1 as Shown on File Plan 2128 Filed in the Office of the Bureau of Conveyances of the State of Hawai‘i, Identified as Tax Map Key:(3)7-4-020: Por. 2. {0.633-acre site to be used for roadway improvements planned in the Kaloko Industrial Park area.} Re: Comm. 476 Intr. by: Mr. Safarik Approved: PWIRC-35 Deferred: February 19, 2004 (Note: There is a pending motion by Mr. Safarik and duly seconded by Mr. Tulang to adopt Resolution 149-04.) ADOPTED RESOLUTION 149, DRAFT 2 (circulated at the meeting) 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None ABSENT & EXCUSED: None. Res. 151-04: Creates Six (6) Police Officer II (Temporary) Positions and One (1) Detective (Temporary) Position for the Hawai‘i County Police Department. {Of the six "Police Officer II" positions to be created, four will be added to the existing ice task force; and the other two, along with the "Detective" position, will make up the new "Airport Smuggling Detail Unit" at Keahole International Airport.} Re: Comm. 495 Intr. by: Mr. Chung Approved: FC-213 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-31 Page 5 March 5, 2004 Res. 152-04: Creates Two (2) Deputy Prosecuting Attorney (Temporary) Positions for the Office of the Prosecuting Attorney. {These positions, one in East Hawai‘i and one in West Hawai‘i, will work with County, State, and Federal enforcement officials in prosecuting individuals and organizations distributing large quantities of ice and other drugs.} Re: Comm. 496 Intr. by: Mr. Chung Approved: FC-214 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Res. 153-04: Creates an Assistant Account Clerk 1/4T (Temporary) Position for the Hawai‘i County Resource Center. {This position will enable Hawai‘i County Resource Center (HCRC) to maintain its present level of effectiveness of operations and increase the communities' ability to build its capacities.} Re: Comm. 497 Intr. by: Mr. Chung Approved: FC-215 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Res. 154-04: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year for a Multi-Year Lease for a Copy Machine. {The Department of Parks and Recreation's Elderly Activities Division – Nutrition Program, five-year lease agreement.} Re: Comm. 498 Intr. by: Mr. Chung Approved: FC-216 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1ABSENT & EXCUSED: Council Member Safarik Hawai‘i County Council-31 Page 6 March 5, 2004 Res. 155-04: Authorizes the Acceptance of a Donation of Two (2) Zoll AED Plus Automated External Defibrillators to the Department of Parks & Recreation's Aquatics Division from the American Heart Association of Hawai‘i and the Harry and Jeanette Weinberg Foundation, Inc., and is valued at $4,400. {To be used at the Kawamoto Swim Stadium and the Kona Community Aquatic Center for emergency responses to cardiac arrest.} Re: Comm. 499 Intr. by: Mr. Chung Approved: FC-217 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Res. 156-04: Authorizes the Office of the Mayor to Enter Into an Agreement With the United States of America, Pursuant to HRS 46-7, for its Large Capacity Cesspool Replacement Project for Hawai‘i County. {This project, which involves working with communities or other entities that presently utilize non-government large capacity cesspools, will create a preliminary inventory of existing and potential large capacity cesspools, conduct an outreach/education program regarding the ban, and assist owners with selecting alternative systems, any necessary paperwork, and possibly identification of funding sources, in the nine County designated districts.} Re: Comm. 501 Intr. by: Mr. Chung Approved: FC-218 ADOPTED 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Hawai‘i County Council-31 Page 7 March 5, 2004 Res. 157-04: Relates to a Council Initiated Improvement District Implementation Study for the Construction of Certain Wastewater and Sewer System Improvements for Waiakea, District of South Hilo, Hawai‘i. {The U.S. Environmental Protection Agency (EPA) promulgated Underground Injection Control regulations on December 7, 1999, which requires large capacity cesspools existing prior to that date must be upgraded or closed by April 5, 2005. The owners of KTA Shopping Center and Puainako Towne Center request the assistance of the County in their efforts to comply with the EPA regulation and connect to the County sewer system.} Re: Comm. 502 Intr. by: Mr. Chung Approved: FC-220 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Res. 158-04: Relates to a Council Initiated Improvement District Implementation Study for the Construction of Certain Wastewater and Sewer System Improvements for Holualoa, District of North Kona, Hawai‘i. {The U.S. Environmental Protection Agency (EPA) promulgated Underground Injection Control regulations on December 7, 1999, requiring large capacity cesspools existing prior to that date must be upgraded or closed by April 5, 2005. The Kilohana Homeowners Association requests the assistance of the County in its efforts to comply with the EPA regulation and connect to the County sewer system.} Re: Comm. 503 Intr. by: Mr. Chung Approved: FC-221 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Hawai‘i County Council-31 Page 8 March 5, 2004 Res. 162-04: Authorizes the Mayor or His Duly Authorized Representative to Negotiate and to Execute Necessary Documents with Westpro Development, Inc. to Incrementally Satisfy Condition "M" of Ordinance No. 98-66. Re: Comm. 526 Intr. by: Mr. Safarik Approved: CHA – February 18, 2004 ADOPTED 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Res. 163-04: Amends Resolution No. 37-03 by Increasing the Square Footage of Office Space in the Kona Driver License Section's Multi-Year Lease. {Total office space to be leased at 75-5722 Hanama Place will be 2,622 square feet at a cost of $6,009/month, replacing the original amounts of 2,000 square feet and $4,584/month, respectively.} Re: Comm. 116.1 Intr. by: Mr. Chung Waived: FC FILED Res. 164-04: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for a Multi-Year Lease of Real Property for the Department of Liquor Control's Kona Office. {This five-year lease for 2,374 square feet of office space located at 75-5722 Hanama Place will be at a cost of $4,946/month.} Re: Comm. 539 Intr. by: Mr. Chung Waived: FC 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-31 Page 9 March 5, 2004 BILLS FOR ORDINANCES (FIRST READING) Bill 210: Amends the State Land Use Boundaries Map, H-7 for the County of Hawai‘i, by Changing the District Classification From the Agricultural to the Urban District at Keahuolu, North Kona, Hawai‘i, Covered by Tax Map Key 7-4-8:20 (approx. 2.821 acres). {Verizon Hawai‘i, Inc., Applicant.} Re: Comm. 456 Intr. by: Mr. Elarionoff Approved: PC-76 FILED Bill 211: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification From Agricultural (A-1a) to Village Commercial (CV-10) at Keahuolu, North Kona, Hawai‘i, Covered by Tax Map Key 7-4-8:20 (approx. 2.821 acres). {Verizon Hawai‘i, Inc., Applicant.} Re: Comm. 456 Intr. by: Mr. Elarionoff Negative Rec: PC-77 FILED Bill 217: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2004. {Appropriates revenues in Federal Grants – Rural Transit Assistance Program ($17,000); appropriates same to Rural Transit Assistance Program.} Re: Comm. 470 Intr. by: Mr. Chung Approved: FC-223 ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Hawai‘i County Council-31 Page 10 March 5, 2004 Bill 219: 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 ($4,686,988); appropriates same to the following: Coqui Frog Eradication Efforts ($45,000), Data Systems – Equipment ($20,000), Engineering Division – Other Current Expenses ($221,000), Fire Protection – Other Current Expenses ($84,639), Transfer to Capital Projects Fund ($4,181,349), and Transfer to Solid Waste Fund ($135,000), for a total of $4,686,988.} Re: Comm. 473 Intr. by: Mr. Chung Approved: FC-224 (Note: Related Communications and Bill 219, Draft 2, is continued on the next page.) Comm. 473.2: From Council Chair James Y. Arakaki, dated February 3, 2004, proposing an amendment by adding a new Section 3, Determinations; and proposes using $285,000 from the County Building Renovations Project for the following: Machado Acres Park ($205,000), Dirt Bike/ATV ($50,000), and Kaumana City Fire Hydrant System Testing ($30,000). and Comm. 473.3: From Council Member Michael C. Tulang dated February 13, 2004, proposing an amendment by adding a new section relating to the update of topographical maps utilizing LIDAR for the North Kona watersheds, Puna watersheds, and Hilo watersheds. and Comm. 473.4: From Council Chair James Y. Arakaki, dated February 18, 2004, transmitting Bill No. 219, Draft 2. (Draft 2 contains amendments as contained in the above Communications 473.2 and 473.3, and also a $10,000 appropriation to Friends of the Park for Kahuku Park.) and Bill 219 Amends Ordinance No. 03-91, as Amended, the Operating Budget for the (Draft 2): County of Hawai‘i for the Fiscal Year Ending June 30, 2004. {Increases revenues in Fund Balance From Previous Year ($4,686,988); appropriates same to the following: Coqui Frog Eradication Efforts ($45,000), Data Systems – Equipment ($20,000), Engineering Division – Other Current Expenses ($221,000), Fire Protection – Other Current Expenses ($84,639), Parks and Recreation – Friends of the Park ($10,000), Transfer to Capital Projects Fund ($4,171,349), and Transfer to Solid Waste Fund ($135,000), for a total of $4,686,988.} ST PASSED 1 READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None ABSENT & EXCUSED: None Hawai‘i County Council-31 Page 11 March 5, 2004 Bill 220: 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 Transfer From General Fund ($135,000); appropriates same to the following: Landfills – Other Current Expenses ($60,000) and Recycling Program ($75,000), for a total of $135,000.} Re: Comm. 473 Intr. by: Mr. Chung Approved: FC-225 ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Bill 221: 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 – County ($500,000); funds to be provided from General Fund and/or Other Sources ($500,000).} Re: Comm. 474 Intr. by: Mr. Chung Approved: FC-227 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 7 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Arakaki 1 NOES: Council Member Tyler 1 ABSENT & EXCUSED: Council Member Safarik Bill 222: 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. {Increases PARKS AND RECREATION: Repairs to Facilities (\[$500,000\] $750,000); funds to be provided from General Fund and/or Other Sources ($250,000).} Re: Comm. 475 Intr. by: Mr. Chung Approved: FC-226 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Hawai‘i County Council-31 Page 12 March 5, 2004 Bill 225: 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 ($311,946); appropriates same to Vehicle & Parts Disposal Other Current Expenses.} Re: Comm. 483 Intr. by: Mr. Chung Approved: FC-209 ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Bill 226: 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 State Grants – Coordinated Services – Purchase of Services ($9,932); appropriates same to the following: Coordinated Services – Salaries & Wages ($8,032) and Coordinated Services – Other Current Expenses ($1,900), for a total of $9,932.} Re: Comm. 488 Intr. by: Mr. Chung Approved: FC-211 ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Hawai‘i County Council-31 Page 13 March 5, 2004 Bill 227: 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: Machado Acres Park ($205,000); funds to be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($205,000).} Re: Comm. 494 Intr. by: Mr. Arakaki Approved: FC-212 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Bill 229: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2004. {Appropriates revenues in Federal Grants – Environmental Protection Agency Cesspool Replacement Project ($76,000); appropriates same to Environmental Protection Agency Cesspool Replacement Project.} Re: Comm. 501 Intr. by: Mr. Chung Approved: FC-219 and ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Comm. 501.1: From Managing Director Dixie Kaetsu, dated February 22, 2004. Hawai‘i County Council-31 Page 14 March 5, 2004 Bill 240: 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 Federal Grants – Workforce Investment Act 2003-04 ($47,055); appropriates same to the following: Workforce Investment Act – Administration Planning 2003-04 ($19,191) and Workforce Investment Act – Youth Program 2003-04 ($27,864), for a total of $47,055.} Re: Comm. 527 Intr. by: Mr. Safarik Approved: CHA – February 18, 2004 ST PASSED 1 READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 241: 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 HOME – Program Income ($58,369.42); appropriates same to Kamuela Senior Housing.} Re: Comm. 528 Intr. by: Mr. Safarik Approved: CHA – February 18, 2004 ST PASSED 1 READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 242: 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 Housing Assistance Payments ($500,000); appropriates same to Housing Subsidies.} Re: Comm. 529 Intr. by: Mr. Safarik Approved: CHA – February 18, 2004 ST PASSED 1 READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None ABSENT & EXCUSED: None Hawai‘i County Council-31 Page 15 March 5, 2004 Bill 243: 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 Block Grant Program Income ($132,124.58); appropriates same to Residential Emergency Repair Program.} Re: Comm. 530 Intr. by: Mr. Safarik Approved: CHA – February 18, 2004 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 192: 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: Pu‘ukapu Flood Study ($300,000); funds to be provided from Federal Grants Receivable ($300,000).} Re: Comm. 10.1 Intr. by: Mr. Chung st 1 Reading: December 3, 2003 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 AND FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Bill 202 Amends Ordinance No. 93 100, Which Reclassified Lands From Single (Draft 2): Family Residential (RS-10) to Limited Industrial (ML-10) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-2-50:8 (approx. 11,250 sq. ft.). {Dianne and Edward Hirayama, Applicant. Requests a time extension to Condition C (construction timetable).} Re: Comm. 442.1 Intr. by: Mr. Elarionoff st 1 Reading: February 19, 2004 ND PASSED 2 AND FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Safarik Hawai‘i County Council-31 Page 16 March 5, 2004 Bill 212: Amends the State Land Use Boundaries Map, H-7 for the County of Hawai‘i, by Changing the District Classification from the Agricultural to the Urban District at Puapuaanui, North Kona, Hawai‘i, Covered by Tax Map Key 7-5-17:21 (approx. 9.095 acres). {Uluwehi Properties, LLC, Applicant.} Re: Comm. 457 Intr. by: Mr. Elarionoff st 1 Reading: February 19, 2004 ND PASSED 2 AND FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki 1 NOES: Council Member Jacobson ABSENT & EXCUSED: None Bill 213 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Agricultural (A-5a) to Single Family Residential (RS-15) at Puapuaanui, North Kona, Hawai‘i, Covered by Tax Map Key 7-5-17:21 (approx. 9.095 acres). {Uluwehi Properties, LLC, Applicant.} Re: Comm. 457.1 Intr. by: Mr. Elarionoff st 1 Reading: February 19, 2004 ND PASSED 2 AND FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki 1 NOES: Council Member Jacobson ABSENT & EXCUSED: None Bill 214 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Agricultural (A-5a) to Family Agricultural (FA-3a) nd at Puaa 2, North Kona, Hawai‘i, Covered by Tax Map Key 7-5-12:38 (approx. 8.773 acres). {Thomas A. Tuso, Applicant.} Re: Comm. 458.1 Intr. by: Mr. Elarionoff st 1 Reading: February 19, 2004 ND PASSED 2 AND FINAL READING 6 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Tulang, and Chairman Arakaki 2 NOES: Council Members Jacobson and Tyler 1 ABSENT & EXCUSED: Council Member Safarik Hawai‘i County Council-31 Page 17 March 5, 2004 Bill 218: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2004. {Appropriates revenues in the following: Federal Grants – Community Oriented Policing Services – Police ($525,912), Federal Grants – Community Oriented Policing Services – Prosecutors ($192,347), and Federal Grants – Community Oriented Policing Services – R & D ($125,866), for a total of $844,125; appropriates same to the following: Community Oriented Policing Services – Police ($525,912), Community Oriented Policing Services – Prosecutors ($192,347), and Community Oriented Policing Services – R & D ($125,866), for a total of $844,125.} Re: Comm. 472 Intr. by: Mr. Chung st 1 Reading: February 19, 2004 ND PASSED 2 AND FINAL READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: month ended January 31, 2004. APPROVED FC-210 Recommends the acceptance of a $1,500 monetary donation from Comm. 487: Mr. Keali‘i Ceballos, Kumu Hula of Hālau Keali‘i O Nalāni, to the Department of Parks & Recreation to purchase sleeping cots to be used by halau members during the annual Merrie Monarch Festival and camping activities during intersessions and summer fun. 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. 540: JOSEPH P. JORDAN V. CITY AND COUNTY OF HAWAI‘I, CIVIL NO. 01-1-0367 From Deputy Corporation Counsel Joseph K. Kamelamela, dated February 24, 2004. CONCUR WITH THE RECOMMENDATION OF CORP. COUNSEL Hawai‘i County Council-31 Page 18 March 5, 2004 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS MONDAY, MARCH 8, 2004 PLANNING COMMITTEE 5:00 p.m. KING KAMEHAMEHA'S PUBLIC HEARING RE KONA BEACH HOTEL BILLS 198, 199, AND 209 (KAMAKAHONU BALLROOM) TUESDAY, MARCH 9, 2004 NONPROFIT SITE 8:00 a.m. KONA MAYOR'S VISIT (W. HAWAI‘I) CONFERENCE ROOM WEDNESDAY, MARCH 10, 2004 NONPROFIT SITE 8:00 a.m. COUNCIL ROOM VISIT (E. HAWAI‘I) THURSDAY, MARCH 11, 2004 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM SPECIAL MEETING (Departmental/Program Reviews of Budgets) FRIDAY, MARCH 12, 2004 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM SPECIAL MEETING (Departmental/Program Reviews of Budgets) Hawai‘i County Council-31 Page 19 March 5, 2004 MONDAY, MARCH 15, 2004 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM SPECIAL MEETING (Departmental/Program Reviews of Budgets) COUNCIL PUBLIC 5:00 p.m. HEARING RE BUDGETS (E. HAWAI‘I) TUESDAY, MARCH 16, 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, MARCH 17, 2004 COUNCIL 9:00 a.m. OHANA KEAUHOU BEACH RESORT COUNCIL PUBLIC 5:00 p.m. HEARING RE BUDGETS (W. HAWAI‘I) 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 March 3, 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, March 10, 2004, at 6 p.m.; Sunday, March 14, 2004, at 10:30 a.m.; and Wednesday, March 17, 2004, at 6 p.m.