Loading...
HomeMy WebLinkAboutAGE COUNCIL 02/04/2004 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 29 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawaii Wednesday, February 4, 2004 9:00 a.m. INVOCATION Captain Michael Lutcher, Salvation Army - Hilo CALL TO ORDER 9:07 a.m. ROLL CALL All present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES October 8, 2003 – APPROVED (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-29 Page 2 February 4, 2004 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 479: 2004 HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PROGRAM POLICY STATEMENT (BY-LAWS AMENDMENT) From Public Works and Intergovernmental Relations Chair Gary Safarik, dated January 27, 2004, submitting for consideration and approval a proposed amendment to the HSAC By-Laws, to allow the HSAC Executive Committee to add legislative items to the HSAC Legislative Package during the legislative session (if the measures promote the counties’ home rule authority and/or increase the counties revenues). Waived: PWIRC APPROVED STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 142-04: Recognizes March as National Women's History Month. Re: Comm. 464 Intr. by: Mr. Arakaki Approved: HSEDC-5 ; and Comm. 464.1: From Council Chair James Y. Arakaki, dated January 27, 2004, transmitting Resolution 142-04, Draft 2. {Draft 2 amends the theme of “National Women’s History Month is ‘Real Women’” to “National Women’s History Month is ‘Women Inspiring Hope and Possibility’”.} ; and Res. 142-04 Recognizes March as National Women's History Month. (Draft 2): ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. 1 ABSENT & EXCUSED: Council Member Reynolds. BILLS FOR ORDINANCES (FIRST 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.} Hawai‘i County Council-29 Page 3 February 4, 2004 Re: Comm. 443 Intr. by: Mr. Elarionoff Approve: PC-71 Deferred: January 23, 2004 ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki. 1 NO: Council Member Jacobson. ABSENT & EXCUSED: None. 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.} Re: Comm. 451 Intr. by: Mr. Arakaki Approved: FC-200 ; and Comm. 451.1: From Council Chair James Y. Arakaki, dated January 23, 2004, transmitting the addresses and general locations of the volunteer fire stations. ST PASSED 1 READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. ABSENT & EXCUSED: None. 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 Approved: FC-201 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. Hawai‘i County Council-29 Page 4 February 4, 2004 NOES: None. ABSENT & EXCUSED: None. Bill 216: Amends Ordinance No. 03-90, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2003 to June 20, 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 Intr. by: Mr. Tulang Approved: FC-202 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ; and Comm. 461.2: From Council Member Michael Tulang, dated January 26, 2004, transmitting Bill 216, Draft 2. {Draft 2 amends the title of the bill by correcting the date of “June 20, 2004” to “June 30, 2004”; additionally, the Financial Impact Statement was changed to show $30,000 under “Construction” instead of “Planning and Environmental Assessment”.} ; and (Note: Bill 216, Draft 2, is continued on the next page.) 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).} ST PASSED 1 READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. ABSENT & EXCUSED: None. 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 Waived: PWIRC ST PASSED 1 READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Hawai‘i County Council-29 Page 5 February 4, 2004 Chairman Arakaki. NOES: None. ABSENT & EXCUSED: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 194: Amends the State Land Use Boundaries Map, H-14 for the County of Hawai‘i, by Changing the District Classification From the Agricultural to the Rural District at Ouli, South Kohala, Hawai‘i, Covered by Tax Map Key 6-2-11:34 (5.0012 Acres). {Andrew J. Frogley, Applicant.} Re: Comm. 435 Intr. by: Mr. Elarionoff st 1 Reading: January 23, 2004 ND PASSED 2 & FINAL READING 8 AYES: Council Members Chung, Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. 1 ABSENT & EXCUSED: Council Member Holschuh. Bill 195: Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification From Agricultural (A-5a) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawai‘i, Covered by Tax Map Key 6-2-11:34 (5.0012 Acres). {Andrew J. Frogley, Applicant.} Re: Comm. 435 Intr. by: Mr. Elarionoff st 1 Reading: January 23, 2004 ND PASSED 2 & FINAL READING 8 AYES: Council Members Chung, Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki. NOES: None. 1 ABSENT & EXCUSED: Council Member Holschuh. Hawai‘i County Council-29 Page 6 February 4, 2004 Bill 196 Amends Section 25-8-2 (North and South Kona District Zone Map), (Draft 2): Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification From Agricultural (A-20a) to Agricultural (A-10a) at Kaloko, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-26:16 (21.121 Acres). {Taylor M. Easley, Applicant.} Re: Comm. 436.1 Intr. by: Mr. Elarionoff st 1 Reading: January 23, 2004 ND PASSED 2 & 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 197 Amends Section 25-8-2 (North and South Kona District Zone Map), (Draft 3): Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification From Agricultural (A-20a) to Agricultural (A-10a) at Kaloko, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-27:10 (31.095 Acres). {Eugene H. Clapp, Applicant.} Re: Comm. 437.2 Intr. by: Mr. Elarionoff st 1 Reading: January 23, 2004 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 200: 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 – Hawai‘i County Police Department Roadblock Program ($112,688); appropriates same to Hawai‘i County Police Department Roadblock Program.} Re: Comm. 440 Intr. by: Mr. Chung st 1 Reading: January 23, 2004 ND PASSED 2 & FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Hawai‘i County Council-29 Page 7 February 4, 2004 Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki. NOES: None. 1 ABSENT & EXCUSED: Council Member Safarik. Bill 201: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the 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 County of Hawai‘i for the Fiscal Year Ending June 30, 2004. {Appropriates revenues in Federal Grants – Hawai‘i County Police Department Roadblock revenues in State Grants – Coastal Zone Management Hazards Mitigation Program ($112,688); appropriates same to Hawai‘i County Police Plan ($26,000); appropriates same to Coastal Zone Management Hazards Department Roadblock Program.} Mitigation Plan.} Re: Comm. 440 Re: Comm. 441 Intr. by: Mr. Chung Intr. by: Mr. Chung stst 1 Reading: January 23, 2004 1 Reading: January 23, 2004 ND PASSED 2 & 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 204: 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 AND RECREATION: Waikoloa – Ho‘oko Street Park – County ($147,700) and Waikoloa – Ho‘oko Street Park – Private ($102,300) for a total of $250,000; funds to be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($147,700) and Private Contributions ($102,300) for a total of $250,000.} Re: Comm. 444 Intr. by: Mr. Elarionoff st 1 Reading: January 23, 2004 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & 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-29 Page 8 February 4, 2004 Bill 205: 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 the following: Real Property Taxes ($820,000), Real Property Penalties ($80,000), and Real Property Interests ($600,000) for a total of $1,500,000; appropriates to the following: Transfer to Self Insurance Fund ($1,000,000) and Transfer to Solid Waste Fund ($500,000) for a total of $1,500,000.} Re: Comm. 446 Intr. by: Mr. Chung st 1 Reading: January 23, 2004 ND PASSED 2 & 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 206: 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 ($500,000); appropriates to the following: Landfills – Other Current Expenses ($350,000) and Pu‘uanahulu – West Hawai‘i Landfill – Other Current Expenses ($150,000) for a total of $500,000.} Re: Comm. 446 Intr. by: Mr. Chung st 1 Reading: January 23, 2004 ND PASSED 2 & 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 207 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. {Appropriates revenues in Fund Balance Reserved for Liquor Control ($111,500); appropriates to the following: Liquor Control – Equipment ($106,500) and Public Programs ($5,000) for a total of $111,500.} Re: Comm. 447.1 Intr. by: Mr. Chung Hawai‘i County Council-29 Page 9 February 4, 2004 1 st Reading: January 23, 2004 ND PASSED 2 & FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki. NOES: None. 1 ABSENT & EXCUSED: Council Member Safarik. REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: month ended December 31, 2003. APPROVED PEMC-12 Recommends the appointments of Peter J. Callahan and (Comm. 453): Richard L. Highley to the Veterans Advisory Committee. APPROVED FC-198 Recommends the appointments of Morris K. Ota, Denise L. M. Walker, (Comm. 462): and Jack L. Ferguson to the Liquor Adjudication Board. APPROVED FC-199 Recommends the appointments of Jan K. Yokoyama and (Comm. 463): Mark F. Fujimoto to the Liquor Commission. 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. 36.4: KEALOHA M. J. WELLS, ET AL., V. MARK FARIAS, ET AL., CIVIL NO. 02-1-0149K From Deputy Corporation Counsel Joseph K. Kamelamela, dated January 9, 2004. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Hawai‘i County Council-29 Page 10 February 4, 2004 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS WEDNESDAY, FEBRUARY 18, 2004 COMMITTEES TBA COUNCIL ROOM THURSDAY, FEBRUARY 19, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM THURSDAY, MARCH 4, 2004 COMMITTEES TBA COUNCIL ROOM FRIDAY, MARCH 5, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM STATEMENTS FROM THE PUBLIC/ADJOURNMENT – 11:42 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 February 2, 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 11, 2004, at 6 p.m.; Sunday, February 15, 2004, at 10:30 a.m.; and Wednesday, February 18, 2004, at 6 p.m.