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HomeMy WebLinkAboutAGE COUNCIL 07/23/2004 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 40 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Friday, July 23, 2004 9:00 a.m. INVOCATION Reverend Midori Kondo, Honpa Hongwanji Hilo Betsuin CALL TO ORDER 9:09 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES May 19, 2004 APPROVED (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-40 Page 2 July 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. 198-04 Accepts the Dedication of Road Right-of-Way Approximately 15,768 Square Feet (Draft 2): for the Kīkaha Street Extension from Gerald T. Kodama, Situate at Waiākea, District of South Hilo, County and State of Hawai‘i, Bearing Tax Map Key (3) 2-4-003:074 (Por.), to the County of Hawai‘i; Re: Comm. 652.1 Intr. by: Mr. Safarik Approve: PWIRC-55 ADOPTED: AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, and Chair Arakaki – 8. NOES: Council Member Tyler – 1. ABSENT & EXCUSED: None. and Comm. 652.2: From Council Member Gary Safarik, dated July 14, 2004. Res. 200-04: Authorizes the Acceptance of a Donation of Equipment to the Aquatics Division of the Department of Parks and Recreation from the Neighborhood Place of Kona's Pulama Project and is valued at $2,400. {To be used for the Junior Lifesaving and Guardstart programs at the Konawaena Pool.} Re: Comm. 660 Intr. by: Mr. Chung Approve: FC-268 ADOPTED: AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chair Arakaki – 9. NOES: None. ABSENT & EXCUSED: None. Hawai‘i County Council-40 Page 3 July 23, 2004 Res. 201-04: Authorizes the Payment of Funds of a Later Fiscal Year and of More than One Fiscal Year for Multi-Year Leases for Two (2) Copiers for the Office of the Corporation Counsel's Family Support Division. {This five-year lease agreement for the copiers will increase staff productivity via faster digital copying, scanning, and network printing.} Re: Comm. 661 Intr. by: Mr. Chung Approve: FC-269 ADOPTED: AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chair Arakaki – 9. NOES: None. ABSENT & EXCUSED: None. Res. 202-04: Approves the Cost Items Provided for in a Supplemental Agreement Affecting SHOPO Bargaining Unit 12 and Employees Excluded from Bargaining Unit 12 for the Period July 1, 2004 Through June 30, 2007. {Cost item presented is an increase to the automobile allowance for police officers, both included and excluded, from the bargaining unit.} Re: Comm. 662 Intr. by: Mr. Chung Approve: FC-270 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, and Chair Arakaki – 7. NOES: Council Member Tyler – 1. ABSENT & EXCUSED: Council Member Chung – 1. Res. 203-04: Authorizes the Acquisition of Private Property by Eminent Domain or Negotiation for the Pahoa Village Resource Park, Pahoa, District of Puna, County and State of Hawai‘i, Being Tax Map Key: (3)1-5-002:024; Re: Comm. 663 Intr. by: Mr. Safarik Approve: PWIRC-56 Note: First of two required readings, Section 101-13, Hawai‘i Revised Statutes and Comm. 663.9: From Finance Director William Takaba, dated July 9, 2004; and Comm. 663.10: From Council Member Gary Safarik, dated July 14, 2004, transmitting Resolution 203-04, Draft 2. {Draft 2 places a limit on land acquisition costs.}; and Hawai‘i County Council-40 Page 4 July 23, 2004 Res. 203-04 Authorizes the Acquisition of Private Property by Eminent Domain or Negotiation (Draft 2): for the Pahoa Village Resource Park, Pahoa, District of Puna, County and State of Hawai‘i, Being Tax Map Key: (3)1-5-002:024; Intr. by: Mr. Safarik ST AMENDED WITH DRAFT 3 & PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, and Chair Arakaki – 7. NOES: Council Member Tyler – 1. ABSENT & EXCUSED: Council Member Chung – 1. and Comm. 663.11: From Director of Finance William Takaba, dated July 15, 2004. Res. 204-04: Authorizes the Acceptance of a Monetary Donation of Two Thousand Dollars ($2,000) from the Daniel R. Sayre Memorial Foundation to the Hawai‘i County Fire Department. {Funds to be used for the purchase of a Fire Cranial Audio Transmission (C.A.T.) Portable Command Post 2001-CP radio.} Re: Comm. 665 Intr. by: Mr. Chung Approve: FC-271 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. Res. 205-04: Authorizes the Payment of Funds of a Later Fiscal Year and of More than One Fiscal Year for a Multi-Year Lease for a Copier for the Parks and Recreation Department's Elderly Activities Division. {This three-year lease agreement for the copier should increase the productivity and efficiency of the division.}; Re: Comm. 666 Intr. by: Mr. Chung Approve: FC-273 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. and Comm. 666.1: From Elderly Activities Division Director Harold Bugado, Parks and Recreation – Elderly Activities Division, dated July 12, 2004. Hawai‘i County Council-40 Page 5 July 23, 2004 Res. 206-04: Approves the Cost Adjustments Authorized by the Appropriate Authority for Excluded Managerial Employees of the County of Hawai‘i for the period July 1, 2003, Through June 30, 2005. {Cost items presented are an across-the-board increase and step movements.} Re: Comm. 671 Intr. by: Mr. Chung Approve: FC-274 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, and Chair Arakaki – 5. NOES: Council Member Tyler – 1. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. Res. 207-04: Authorizes the Office of the Mayor to Enter into an Agreement with the State of Hawai‘i Department of the Attorney General, Pursuant to HRS 46-7, for the Weed and Seed Coordinator Grant. {Funds to be used to subcontract with an agency for the coordination of the Weed and Seed project in Pāhoa town.} Re: Comm. 681 Intr. by: Mr. Chung Waived: FC ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang – 3. Res. 208-04: Authorizes the Office of the Mayor to Enter into an Agreement with the State of Hawai‘i Department of the Attorney General, Pursuant to HRS 46-7, for the Sex Offender Publication and Tracking Program Grant. {Funds to be used to assist in a statewide program to register and track sex offenders.} Re: Comm. 682 Intr. by: Mr. Chung Waived: FC ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. Hawai‘i County Council-40 Page 6 July 23, 2004 Res. 209-04: Authorizes the Acceptance of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) from the United States Department of the Interior National Park Service. {Funds to be used to purchase a fire engine for Fire Station 19, located at Kilauea Military Camp (KMC), to ensure continued fire and emergency services in the Volcano area.} Re: Comm. 685 Intr. by: Mr. Chung Waived: FC ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. Res. 211-04: Resolution of Final Determination to Proceed to Create, Define, Finance and Construct a Water System Improvement District for the Kona Coastview and Kona Wonderview Subdivisions. {Timely adoption of this resolution will facilitate a critical timetable of actions by the Council, which includes adoption of an ordinance establishing assessments for the Kona Coastview and Kona Wonderview Water Improvement District, adoption of bond ordinances to close all loans for this project, and to facilitate timely start-up of construction.}; Re: Comm. 693 Intr. by: Mr. Tyler Waived: FC ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. and Comm. 693.1: From Amber and Dan Ellis, dated July 7, 2004; and Comm. 693.2: Bid Tabulations, Submitted by the Legislative Auditor's Office; and Comm. 693.3: From Elaine Coats, dated July 12, 2004; and Comm. 693.4: From Joseph M. Gatti and Amy R. Fine, dated July 12, 2004; and Comm. 693.5: General Layout Plan (Map), Submitted by the Legislative Auditor's Office; and Comm. 693.6: Improvement District Information Summary, Submitted by the Legislative Auditor's Office; and Comm. 693.7: From Susan McGeachy, dated July 12, 2004; and Comm. 693.8: From John Delmon Dykes, Jr., dated June 28, 2004; and Comm. 693.9: From John Delmon Dykes, Jr., dated July 9, 2004; and Comm. 693.10: From Lorraine P. Shin, State Director, USDA Rural Development, dated July 9, 2004; and Comm. 693.11: From John Delmon Dykes, Jr., dated July 13, 2004. Hawai‘i County Council-40 Page 7 July 23, 2004 Res. 212-04: Authorizes the Mayor or His Duly Authorized Representative to Negotiate and to Execute Necessary Documents with RS10 Kalaoa, LLC, to Satisfy Condition "K" of Ordinance No. 97-56. Re: Comm. 694 Intr. by: Mr. Safarik Approve: CHA – July 7, 2004 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Safarik, Tyler, and Chair Arakaki – 5. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang – 3. Res. 213-04: Authorizes the Mayor or His Duly Authorized Representative to Negotiate and to Execute Necessary Documents with WB KD Acquisitions, LLC, to Satisfy Condition "T" of Ordinance No. 99-42. Re: Comm. 695 Intr. by: Mr. Safarik Approve: CHA – July 7, 2004 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Safarik, Tyler, and Chair Arakaki – 5. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang – 3. Res. 214-04: Accepts the Donation of a Roadway Lot Known as Ainaloa Boulevard from the Ainaloa Community Association, Inc. {Replaces Resolution 217-02, which was filed at the Council's June 16, 2004, meeting.} Re: Comm. 696 Intr. by: Mr. Safarik Waived: PWIRC DEFERRED Hawai‘i County Council-40 Page 8 July 23, 2004 BILLS FOR ORDINANCES (FIRST READING) Bill 282: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Increases revenues in Contribution from Private Source ($2,000); appropriates same to Rescue Equipment – Private.} Re: Comm. 665 Intr. by: Mr. Chung Approve: FC-272 ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. Bill 283: 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 6-2-11:10 (approx. 5.832 acres). {Nedra Roberts, Applicant.} Re: Comm. 667 Intr. by: Mr. Elarionoff Approve: PC-94 ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. Bill 284: Amends Section 25-8-7 (North and South Kohala District 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 6-2-11:10 (approx. 5.832 acres). {Nedra Roberts, Applicant.} Re: Comm. 667 Intr. by: Mr. Elarionoff Approve: PC-95 ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang – 3 Hawai‘i County Council-40 Page 9 July 23, 2004 Bill 285: 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 6-2-11:16 (approx. 5.002 acres). {Gary and Betsy Queen, Applicant.} Re: Comm. 668 Intr. by: Mr. Elarionoff Approve: PC-96 ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. Bill 286: Amends Section 25-8-7 (North and South Kohala District 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 6-2-11:16 (approx. 5.002 acres). {Gary and Betsy Queen, Applicant.} Re: Comm. 668 Intr. by: Mr. Elarionoff Approve: PC-97 ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. Bill 287: Amends Section 25-8-2 (North and South Kona 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-10a) at Kaloko, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-26:15 (approx. 25.687 acres.) {William H. McClintick, Applicant.} Re: Comm. 669 Intr. by: Mr. Elarionoff Approve: PC-98 ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Safarik, Tyler, and Chair Arakaki – 5. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. Hawai‘i County Council-40 Page 10 July 23, 2004 Bill 292: Amends Ordinance No. 04-74, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants – Weed & Seed Coordinator ($52,222); appropriates same to Weed & Seed Coordinator.} Re: Comm. 681 Intr. by: Mr. Chung Waived: FC ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang – 3. Bill 293: Amends Ordinance 04-74, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Appropriates revenues in Federal Grants – Sex Offender Publication & Tracking Program ($147,179); appropriates same to Sex Offender Publication & Tracking Program.} Re: Comm. 682 Intr. by: Mr. Chung Waived: FC ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 178 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 3): (Zoning Code) of the Hawai‘i County Code, by Changing the District nd Classification from General Industrial (MG-3a) to Project District at Ooma 2, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-9:22 (approx. 83.0 acres). {Clifto's Kona Coast, LLC, applicant.}; Re: Comm. 400.62 Intr. by: Mr. Elarionoff Deferred: December 17, 2003 and May 5, 2004 Public Hearing: January 23, 2004 st 1 Reading: April 21, 2004 AMENDED TO DRAFT 4 & HELD OVER TO 8/4/04 COUNCIL MEETING Hawai‘i County Council-40 Page 11 July 23, 2004 and Comm. 400.55: From Lane Kaaiai, dated April 20, 2004; and Comm. 400.56: From Dr. Robert Warmington, dated April 21, 2004; and Comm. 400.57: From Louis Copman, M.D., dated April 19, 2004; and Comm. 400.58: From Cliff M. Morris, Managing Member, Clifto's Kona Coast, LLC; and Comm. 400.59: From Mark Wilson, dated April 20, 2004; and Comm. 400.60: From Aaron Stene, dated April 21, 2004; and Comm. 400.61: From Richard A. Pound, G. Paul, and Jan Edward J., dated April 20, 2004; and Comm. 400.63: From Larry K. Bryan, dated April 24, 2004. (Note: There is a pending motion by Mr. Elarionoff and duly seconded by Mr. Reynolds to approve Bill 178, Draft 3.) Bill 279 Amends Chapter 2, Article 16 of the Hawai‘i County Code 1983 (1995 (Draft 2): Edition), Administration, Relating to Travel and Other Expenses. {Increases the allowable daily rental cost of U-drive cars and parking charges from $50 to $75 a day.}; Re: Comm. 646.1 Intr. by: Mr. Arakaki (B/R) st 1 Reading: July 8, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Reynolds, and Tulang - 3. and Comm. 646.3: From Finance Director William Takaba, dated June 30, 2004. REPORTS FC-267 Recommends the acceptance of a monetary donation of $50 by Patrick and Patricia (Comm. 659): Milligan (in memory of Mrs. Miyako Takeda and Mrs. Joyce Watts), to the Parks and Recreation Department for programs at the Pana‘ewa Rainforest Zoo. APPROVED Hawai‘i County Council-40 Page 12 July 23, 2004 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. 362.1: WALTER JOHN KELLY, ET. AL. V. 1250 OCEANSIDE PARTNERS, ET. AL. CIVIL NO. 00-1-00192K From Deputy Corporation Counsel Ivan M. Torigoe, dated April 26, 2004. Deferred: May 5, May 19, June 2, and July 8, 2004 DEFERRED and Comm. 362.2: From Deputy Corporation Counsel Ivan M. Torigoe, dated May 4, 2004; and Comm. 362.3: From Deputy Corporation Counsel Ivan M. Torigoe, dated May 17, 2004;and Comm. 362.4: From Deputy Corporation Counsel Ivan M. Torigoe, dated June 1, 2004;and Comm. 362.5: From Deputy Corporation Counsel Ivan M. Torigoe, dated July 1, 2004. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, AUGUST 3, 2004 PARKS & ENVIRONMENTAL 9:00 a.m. COUNCILROOM MANAGEMENT COMMITTEE FINANCE COMMITTEE 10:30 a.m. COUNCILROOM PUBLIC WORKS & INTER- 1:30 p.m. COUNCILROOM GOVERNMENTAL RELATIONS COMMITTEE PLANNING COMMITTEE 2:30 p.m. COUNCILROOM WENDESDAY, AUGUST 4, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, AUGUST 17, 2004 COMMITTEES TBA COUNCIL ROOM WENDESDAY, AUGUST 18, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM Hawai‘i County Council-40 Page 13 July 23, 2004 STATEMENTS FROM THE PUBLIC/ADJOURNMENT 5:15 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 July 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, July 28, 2004, at 6 p.m.; Sunday, August 1, 2004, at 10:30 a.m.; and Wednesday, August 4, 2004, at 6 p.m.