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Home My WebLink AboutAGE COUNCIL 02/19/2004 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 30 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawaii Thursday, February 19, 2004 9:00 a.m. INVOCATION Pastor Robert Tominaga, Thy Word Ministries Faith Center of Hawaii CALL TO ORDER 9:18 a.m. ROLL CALL All present except Council Members Chung and Holschuh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES October 22, 2003 and November 5, 2003 - APPROVED (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-30 Page 2 February 19, 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. 55-03 Supports the Preservation and Conservation of Wao Kele ‘O Puna. (Draft 5): Re: Comm. 178.6 Intr. by: Mr. Safarik and Mr. Jacobson Approved: PWIRC-36 ADOPTED 7 AYES: Council Members Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Holschuh Res. 144-04: Changes Time Element of a Recreation Technician III 1/2T to Full Time. {Additional four hours allows staff at the Pana‘ewa Park to offer expanded activities and develop stronger ties with business and community associations.} Re: Comm. 471 Intr. by: Mr. Chung Approved: FC-204 ADOPTED 7 AYES: Council Members Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Holschuh Res. 145-04: Authorizes the Office of the Mayor to Enter Into an Agreement with the Hawai‘i Community Foundation, Pursuant to HRS 46-7, for the Community Oriented Policing Services (COPS) Grant for the Hawai‘i County Police Department. {Funds to be used in the area of enforcement by creating additional positions for its ICE task force, acquiring vehicles for its drug and search warrant raids, and setting up a new drug smuggling unit at the Keahole International Airport.} Re: Comm. 472 Intr. by: Mr. Chung Approved: FC-205 ADOPTED 7 AYES: Council Members Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki Hawai‘i County Council-30 Page 3 February 19, 2004 NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Holschuh Res. 146-04: Authorizes the Office of the Mayor to Enter Into an Agreement with the Hawai‘i Community Foundation, Pursuant to HRS 46-7, for the Community Oriented Policing Services (COPS) Grant for the Office of the Prosecuting Attorney. {Funds to be used in the area of enforcement by creating additional deputy prosecutor positions to work with the County, State, and Federal law enforcement officials in prosecuting individuals and organizations distributing large quantities of ice and other drugs.} Re: Comm. 472 Intr. by: Mr. Chung Approved: FC-206 and Comm. 472.1: From Finance Committee Chair Aaron S. Y. Chung, dated February 10, 2004, transmitting Resolution 146-04, Draft 2. (Draft 2 includes a revised Exhibit "1" in reference to the Hawai‘i Community Foundation's grant award.) and Res. 146-04 Authorizes the Office of the Mayor to Enter Into an Agreement with the (Draft 2): Hawai‘i Community Foundation, Pursuant to HRS 46-7, for the Community Oriented Policing Services (COPS) Grant for the Office of the Prosecuting Attorney. ADOPTED 7 AYES: Council Members Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Holschuh Res. 147-04: Authorizes the Office of the Mayor to Enter Into an Agreement with the Hawai‘i Community Foundation, Pursuant to HRS 46-7, for the Community Oriented Policing Services (COPS) Grant for the Department of Research and Development. {Funds to provide trained community level facilitators, conduct capacity-building training, hold community meetings, and oversee the State Mini-grants Fund.} Re: Comm. 472 Intr. by: Mr. Chung Approved: FC-207 ADOPTED 7 AYES: Council Members Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Holschuh Hawai‘i County Council-30 Page 4 February 19, 2004 Res. 148-04: Amends Resolution No. 11-03 by Replacing Exhibit "A." {Amends original Exhibit "A" by deleting the Hawai‘i Cooperating Technical Partners Mapping Activity Statement (MAS).} Re: Comm. 10.2 Intr. by: Mr. Safarik Approved: PWIRC-34 ADOPTED 7 AYES: Council Members Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Holschuh 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 BILLS FOR ORDINANCES (FIRST READING) 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 Approved: PC-72 ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Holschuh Hawai‘i County Council-30 Page 5 February 19, 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 Approved: PC-74 ST PASSED 1 READING 6 AYES: Council Members Elarionoff, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki 1 NO: Council Member Jacobson 2 ABSENT & EXCUSED: Council Members Chung and Holschuh 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 Approved: PC-75 ST PASSED 1 READING 5 AYES: Council Members Elarionoff, Reynolds, Safarik, Tulang, and Chairman Arakaki 2 NOES: Council Members Jacobson and Tyler 2 ABSENT & EXCUSED: Council Members Chung and Holschuh 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 Approved: PC-73 ST PASSED 1 READING 5 AYES: Council Members Elarionoff, Reynolds, Safarik, Tulang, and Chairman Arakaki 2 NOES: Council Members Jacobson and Tyler 2 ABSENT & EXCUSED: Council Members Chung and Holschuh Hawai‘i County Council-30 Page 6 February 19, 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 Approved: FC-208 ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Holschuh ORDER OF THE DAY (SECOND OR FINAL READING) Bill 203: Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification From Agricultural (A-20a) to Agricultural (A-5a) at Keaau, Puna, Hawai‘i, Covered by Tax Map Key 1-6-141:001 (14.587 Acres). {Hawai‘i Brewery Development Co., Inc., Applicant.} Re: Comm. 443 Intr. by: Mr. Elarionoff Deferred: January 23, 2004 st 1 Reading: February 4, 2004 ND PASSED 2 & FINAL READING 6 AYES: Council Members Elarionoff, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki 1 NO: Council Member Jacobson 2 ABSENT & EXCUSED: Council Members Chung and Holschuh Bill 208: Amends Chapter 2 of the Hawaii County Code 1983 (1995 Edition), Administration, Relating to the Establishment of Volunteer Fire Stations. {Establishes locations of volunteer fire stations in order for the Council and the general public to know where these stations are sited.} Hawai‘i County Council-30 Page 7 February 19, 2004 Re: Comm. 451 Intr. by: Mr. Arakaki st 1 Reading: February 4, 2004 ND PASSED 2 & FINAL READING 7 AYES: Council Members Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Holschuh Bill 215: 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 DEPARTMENT OF PARKS AND RECREATION: Dirt Bike/ATV Track ($50,000); funds to be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($50,000).} Re: Comm. 460 Intr. by: Mr. Safarik st 1 Reading: February 4, 2004 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 6 AYES: Council Members Elarionoff, Jacobson, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 3 ABSENT & EXCUSED: Council Members Chung, Holschuh, and Reynolds Bill 216 Amends Ordinance No. 03-90, as Amended, Relating to Public (Draft 2): Improvements and Financing Thereof for the Fiscal Year July 1, 2003 to June 30, 2004. {Adds FIRE DEPARTMENT: Kaumana City Fire Hydrant System Testing ($30,000); funds to be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($30,000).} Re: Comm. 461.2 Intr. by: Mr. Tulang st 1 Reading: February 4, 2004 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 6 AYES: Council Members Elarionoff, Jacobson, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 3 ABSENT & EXCUSED: Council Members Chung, Holschuh, and Reynolds Hawai‘i County Council-30 Page 8 February 19, 2004 Bill 223: Amends Chapter 24 of the Hawai‘i County Code 1983 (1995 Edition) Relating to Vehicles and Traffic. {Removes all on-street parking, on the mauka side, located between Pauahi Street and Ponahawai Street.} Re: Comm. 477 Intr. by: Mr. Safarik st 1 Reading: February 4, 2004 ND BILL 223, DRAFT 2, PASSED 2 & FINAL READING 6 AYES: Council Members Elarionoff, Jacobson, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 3 ABSENT & EXCUSED: Council Members Chung, Holschuh, and Reynolds REPORTS FC-203 Recommends the appointment of Claudia L. Woodward-Rice to the Tax (Comm. 469): Board of Review. 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. 409.1: SAMUEL CARVALHO, SR. V. SHANE SALIS, ET AL., CIVIL NO. 03-00243 SOM/BMK From Deputy Corporation Counsel Harry P. Freitas, dated February 10, 2004. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 506: ARNOLD ISHII VS. MERTON T. OGATA, CIVIL NO. 02-1-398 From Deputy Corporation Counsel Joseph K. Kamelamela, dated February 9, 2004. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 507: CLAIMS OF JUNG HEE CHO AND LIBERTY MUTUAL INSURANCE FOR INJURIES AND DAMAGES From Deputy Corporation Counsel Joseph K. Kamelamela, dated February 9, 2004. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 508: KEOLA N. KANAE V. KAHIKI M. H. HODSON; CIVIL NO. 02-00399 SOM/LEK From Deputy Corporation Counsel Joseph K. Kamelamela, dated February 9, 2004. Hawai‘i County Council-30 Page 9 February 19, 2004 DO NOT 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.) ANNOUNCEMENTS THURSDAY, MARCH 4, 2004 COMMITTEES TBA COUNCIL ROOM FRIDAY, MARCH 5, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM 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. ELECTIONS VISIT (E. HAWAI‘I) CONFERENCE ROOM 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) MONDAY, MARCH 15, 2004 FINANCE COMMITTEE 9:00 a.m. COUNCIL ROOM SPECIAL MEETING (Departmental/Program Hawai‘i County Council-30 Page 10 February 19, 2004 Reviews of Budgets) MONDAY, MARCH 15, 2004 COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM HEARING RE BUDGETS (E. Hawai‘i) STATEMENTS FROM THE PUBLIC/ADJOURNMENT 12:04 p.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 February 17, 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, February 25, 2004, at 6 p.m.; Sunday, February 29, 2004, at 10:30 a.m.; and Wednesday, March 3, 2004, at 6 p.m.