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HomeMy WebLinkAboutAGE COUNCIL 01/23/2004 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 28 th Session ORDER OF BUSINESS Hawai‘i County Council Ohana Keauhou Beach Resort Room Kahalu‘u II 78-6740 Ali‘i Drive Kailua-Kona, Hawaii Friday, January 23, 2004 9:00 a.m. INVOCATION Pastor Terry Meechan of Thy Word Ministries – Kona CALL TO ORDER 9:09 a.m. ROLL CALL All present except Council Members Chung, Safarik and Arakaki PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES September 4, 2003; and September 17, 2003 - APPROVED (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-28 Page 2 January 23, 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. 138-04: 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 Hawai‘i County Police Department Roadblock Program Grant. {Funds to be used to reduce the number of alcohol related traffic fatalities and injuries, increase public awareness, and provide constant deterrence against drunk driving by conducting DUI checkpoints.} Re: Comm. 440 Intr. by: Mr. Chung Approved: FC-188 ADOPTED 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. Res. 139-04: Authorizes the Office of the Mayor to Enter Into an Agreement With the State of Hawai‘i Department of Business, Economic Development & Tourism, Pursuant to HRS 46-7, for a Hazards Mitigation Plan Grant. {Objective to supplement existing resources in areas of perceived weaknesses in the preparation of the hazard mitigation plan.} Re: Comm. 441 Intr. by: Mr. Chung Approved: FC-190 and Comm. 441.1: From Deputy Planning Director Roy Takemoto, dated January 8, 2004, transmitting background information regarding the Coastal Zone Management Grant for hazard mitigation. ADOPTED 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. Hawai‘i County Council-28 Page 3 January 23, 2004 Res. 140-04: Authorizes the Office of the Mayor to Enter Into an Agreement With the University of Hawai‘i at Manoa and the Institute of Geological & Nuclear Sciences, Pursuant to HRS 46-7, for Their Assistance With the Development of a Hazards Mitigation Plan. {Prospective contractor, the University of Hawai‘i, has international and varied expertise in hazard planning that would add depth and different perspectives to the Plan.} Re: Comm. 441 Intr. by: Mr. Chung Approved: FC-191 ADOPTED 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. Res. 141-04: Authorizes the Acceptance of Two (2) Basketball Backboards for the Pa‘auilo Gym. {Donation from the Nakahara Family to the Parks and Recreation Department (estimated value of $1,518)}. Re: Comm. 445 Intr. by: Mr. Holschuh Approved: FC-194 ADOPTED 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. BILLS FOR ORDINANCES (FIRST READING) Bill 190: Amends Chapter 20, of the Hawai‘i County Code 1983 (1995 Edition), Relating to Solid Waste Fees. {Transfers the solid waste fee setting authority from the County Council to the Environmental Management Commission as provided by Section 6-5.5 of the Hawai‘i County Charter 2000.} Re: Comm. 424 Intr. by: Mr. Reynolds (B/R) and Hawai‘i County Council-28 Page 4 January 23, 2004 Bill 190 Amends Chapter 20, of the Hawai‘i County Code 1983 (1995 Edition), Relating (Draft 2): to Solid Waste Fees. {Transfers the solid waste fee setting authority from the County Council to the Environmental Management Commission as provided by Section 6-5.5 of the Hawai‘i County Charter 2000.} Draft 2 corrects the fee schedule with a recently adopted fee schedule. Re: Comm. 424.1 Intr. by: Mr. Reynolds (B/R) File: PEMC-10 FILED Bill 191: Amends Chapter 21, of the Hawai‘i County Code 1983 (1995 Edition), Relating to Sewer Service Charges. {Transfers the sewer service charges rate setting authority from the County Council to the Environmental Management Commission as provided by Section 6-5.5 of the Hawai‘i County Charter 2000.} Re: Comm. 424 Intr. by: Mr. Reynolds (B/R) and Bill 191 Amends Chapter 21, of the Hawai‘i County Code 1983 (1995 Edition), Relating (Draft 2): to Sewer Service Charges. {Transfers the sewer service charges rate setting authority from the County Council to the Environmental Management Commission as provided by Section 6-5.5 of the Hawai‘i County Charter 2000.} Draft 2 corrects the fee schedule with a recently adopted fee schedule. Re: Comm. 424.1 Intr. by: Mr. Reynolds (B/R) File: PEMC-11 FILED 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 Approve: PC-67 ST PASSED 1 READING 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. Hawai‘i County Council-28 Page 5 January 23, 2004 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 Approve: PC-68 ST PASSED 1 READING 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. Bill 196 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (Draft 2): 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 Approve: PC-69 ST PASSED 1 READING 5 AYES: Council Members Elarionoff, Holschuh, Reynolds, Tulang, and Chairman Tyler. 1 NO: Council Member Jacobson. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. Bill 197 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 7-3-27:10 (31.095 Acres). {Eugene H. Clapp, Applicant.} Re: Comm. 437.1 Intr. by: Mr. Elarionoff Approve: PC-70 and Comm. 437.3: From Planning Director Chris Yuen, dated January 14, 2004, informing that the metes and bounds description contained in Bill 197 is incorrect and requests that it be amended with the correct metes and bounds description; and Hawai‘i County Council-28 Page 6 January 23, 2004 Comm. 437.2: From Planning Committee Chair Leningrad Elarionoff, dated January 11, 2004, transmitting Bill 197, Draft 3. Draft 3 corrects the metes and bounds description; and 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.} ST PASSED 1 READING 5 AYES: Council Members Elarionoff, Holschuh, Reynolds, Tulang, and Chairman Tyler. 1 NO: Council Member Jacobson. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. 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 Approve: FC-189 ST PASSED 1 READING 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. Bill 201: 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 State Grants – Coastal Zone Management Hazards Mitigation Plan ($26,000); appropriates same to Coastal Zone Management Hazards Mitigation Plan.} Re: Comm. 441 Intr. by: Mr. Chung Approve: FC-192 ST PASSED 1 READING 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. Hawai‘i County Council-28 Page 7 January 23, 2004 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 Approve: PC-71 DEFERRED 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 Approve: FC-193 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. 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 Approve: FC-195 ST PASSED 1 READING 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. Hawai‘i County Council-28 Page 8 January 23, 2004 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 Approve: FC-196 ST PASSED 1 READING 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. Bill 207: 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 Fund Balance Reserved for Liquor Control ($117,500); appropriates to the following: Liquor Control – Equipment ($112,500) and Public Programs ($5,000) for a total of $117,500.} Re: Comm. 447 Intr. by: Mr. Chung Approve: FC-197 and Comm. 447.1: From Director of Finance William Takaba, dated January 8, 2004, transmitting Bill 207, Draft 2. Draft 2 changes the appropriation from $117,500 to $111,500 for the Liquor Control – Equipment account; and 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.} ST PASSED 1 READING 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. Hawai‘i County Council-28 Page 9 January 23, 2004 ORDER OF THE DAY (SECOND OR FINAL 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 st 1 Reading: January 7, 2004 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Tyler. NOES: None. 3 ABSENT & EXCUSED: Council Members Chung, Safarik and Arakaki. 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.) OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS FRIDAY, JANUARY 30, 2004 PEMC SUBCOMMITTEE ON WASTE MANAGEMENT 6:00 p.m. OHANA KEAUHOU RESORT TUESDAY, FEBRUARY 3, 2004 COMMITTEES PEMC – 9:00 a.m. PC – 2:00 p.m. COUNCIL ROOM FC – 10:30 a.m. PWIRC – 1:00 p.m. HSEDC – 3:00 p.m. WEDNESDAY, FEBRUARY 4, 2004 COUNCIL 9:00 a.m. COUNCILROOM Hawai‘i County Council-28 Page 10 January 23, 2004 WEDNESDAY, FEBRUARY 18, 2004 COMMITTEES TBA COUNCIL ROOM THURSDAY, FEBRUARY 19, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM STATEMENTS FROM THE PUBLIC/ADJOURNMENT – 10:52 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 21, 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 28, 2004, at 6 p.m.; Sunday, February 1, 2004, at 10:30 a.m.; and Wednesday, February 4, 2004, at 6 p.m.