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HomeMy WebLinkAboutAGE COUNCIL 09/01/2004 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 43 rd Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, September 1, 2004 9:00 a.m. INVOCATION Deacon Leroy Andrews, St. Joseph Church CALL TO ORDER 9:08 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES June 16, 2004 APPROVED AS AMENDED (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-43 Page 2 September 1, 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. 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: July 23, 2004 DEFERRED TO 9/15/04 MEETING Res. 215-04: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $363,221 out and from Contingency Relief; credits same to Transfer to Solid Waste Fund. Funds to help the Environmental Management Department comply with its Consent Agreement with the State Department of Health and to help implement measures to increase diversion from both the Hilo and Pu‘uanahulu landfills.} Re: Comm. 709 Intr. by: Mr. Chung Approve: FC-283 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Hawai‘i County Council-43 Page 3 September 1, 2004 Res. 216-04: Creates Two (2) Equipment Operator III Positions and Two (2) Solid Waste Transfer Station Attendant Positions for the Department of Environmental Management Solid Waste Division's South Hilo Sanitary Landfill. {These positions to help conserve airspace at the landfill, increase compaction of waste, and reduce environmental liabilities relative to litter control, storm water management, and the hazardous waste exclusion program.} Re: Comm. 709.1 Intr. by: Mr. Chung Approve: FC-292 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, and Chair Arakaki – 6. NOES: Council Member Tyler – 1. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Res. 219-04: Accepts the Dedication of Roadway Lot A (1.033 Acres), for Road Right-of-Way from Hawai’i Island Community Development Corporation, a Nonprofit Corporation, Situate at Pu‘ukapu, Waimea, South Kohala, County and State of Hawai’i, Bearing Tax Map Key (3) 6-4-034:055, to the County of Hawai’i. Re: Comm. 717 Intr. by: Mr. Safarik Approve: PWIRC-58 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Res. 220-04: Authorizes the Receipt and Expenditure of Bay Clinic’s Hawai‘i County Youth Anti-Drug Fund Community Grant Program Award of $1,000 to the Department of Parks and Recreation. {Funds to be used to defray costs incurred by the Recreation Division's Honoka‘a Summer Fun Youth Camp.} Re: Comm. 718 Intr. by: Mr. Chung Approve: FC-284 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Hawai‘i County Council-43 Page 4 September 1, 2004 Res. 221-04: Authorizes the Acceptance of a Donation of Fifteen (15) First Responder Medical Kits and Three (3) Mega Medic Kits to the Hawai‘i County Fire Department from the Ocean View Community Association, Inc., and is valued at $3,000. {Funds to be used by the Ocean View Volunteer Fire Department.} Re: Comm. 719 Intr. by: Mr. Chung Approve: FC-286 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Res. 222-04: Authorizes the Acceptance of an Automatic External Defibrillator (AED) for the County of Hawai‘i, Department of Parks and Recreation Honoka‘a Pool from Mr. Lawrence M. O. Chun, in memory of Sergeant First Class Wesley John Kealoha Batalona, U.S. Army Retired, and is valued at $1,200. Re: Comm. 721 Intr. by: Mr. Holschuh Approve: FC-288 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Res. 223-04: Creates a Victims Services Technician (Temporary) Position for the Hawai‘i County Police Department. {This position to assist the Juvenile Aid Section with the administrative and technical support of the Domestic Violence and Sexual Assault Unit.} Re: Comm. 723 Intr. by: Mr. Chung Approve: FC-289 AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Hawai‘i County Council-43 Page 5 September 1, 2004 Res. 224-04 Requests the Mayor to Develop a Transition and Implementation Plan for (Draft 3): Conversion from Subsidized Private Vehicles in Police Service to a County-Owned Fleet of Police Vehicles Commencing in Fiscal Year 2006-07. {Establishes a Police Fleet Implementation Working Group to be supported by a $20,000 Council contingency fund appropriation.} Re: Comm. 724.3 Intr. by: Mr. Chung Approve: FC-290 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tyler, and Chair Arakaki – 6. NOES: None. ABSENT & EXCUSED: Council Members Chung, Safarik, and Tulang – 3. BILLS FOR ORDINANCES (FIRST READING) Bill 304: 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 Transfer from General Fund ($363,221); appropriates to the following accounts: Landfills Salary and Wages ($93,096), Recycling Program ($112,500), Pu‘uanahulu - West Hawai‘i Landfill Other Current Expenses ($125,000), Pension Accumulation – Landfill ($12,103), Federal Insurance Contributions Act Employer Share – Landfill ($7,122), and Employee Health Plans – Landfill ($13,400), for a total of $363,221.} Re: Comm. 709 Intr. by: Mr. Chung Approve: FC-291 ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Hawai‘i County Council-43 Page 6 September 1, 2004 Bill 307: 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 - Youth Anti-Drug Community Grant ($1,000); appropriates same to Youth Anti-Drug Community Grant.} Re: Comm. 718 Intr. by: Mr. Chung Approve: FC-285 ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Bill 308: 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 - Traffic Investigation Program ($6,800); appropriates same to Traffic Investigation Program. Funds to be used for travel expenses to attend and participate in the statewide Traffic Investigation Training on Maui.} Re: Comm. 720 Intr. by: Mr. Chung Approve: FC-287 ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Bill 309 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 Open (O) to Industrial-Commercial Mixed (MCX-20) and stnd General Industrial (MG-1a) at Honokohau 1 and 2, North Kona, Hawai‘i, Covered by Tax Map Key 7-4-8:Portion 13 & 30 (Parcel 1 approx. 186.733 acres, Parcel 2 approx. 85.733 acres, and Parcel 3 approx. 9.901 acres. {West Hawai‘i Business Park, LLC, Applicant.}; Re: Comm. 722.3 Intr. by: Mr. Elarionoff Approve: PC-107 DEFERRED TO 9/15/04 MEETING and Comm. 722.2: From Planning Committee Chair Leningrad Elarionoff, dated August 24, 2004. Hawai‘i County Council-43 Page 7 September 1, 2004 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 289: Repeals Ordinance No. 03-41 and Amends Chapter 24 of the Hawai‘i County Code 1983 (1995 Edition) Relating to Vehicles and Traffic. {Removes the passenger loading zone fronting the former After Hours Clinic located at 140 Kinoole Street and restores this space to regular parking.} Re: Comm. 676 Intr. by: Mr. Safarik st 1 Reading: August 18, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Bill 299: Amends the State Land Use Boundaries Map, H-2 for the County of Hawai‘i, by Changing the District Classification from the Agricultural to the Urban District at O‘oma 1st, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-10: Portion of 3 (approx. 10.001 acres). {Westpro Development, Inc., Applicant.} Re: Comm. 699 Intr. by: Mr. Elarionoff st 1 Reading: August 18, 2004 DEFERRED TO 9/15/04 MEETING Bill 300 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 Classification from Agricultural (A-5a) to Multiple Family Residential (RM-4) at O‘oma 1st, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-10:Portion of 3 (approx. 10.001 acres). {Westpro Development, Inc., Applicant.} Re: Comm. 699.4 Intr. by: Mr. Elarionoff st 1 Reading: August 18, 2004 DEFERRED TO 9/15/04 MEETING Hawai‘i County Council-43 Page 8 September 1, 2004 Bill 301: 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 Rural District at Kohanaiki, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-19:28 (approx. 4.07 acres). {Tom Smith, Applicant.} Re: Comm. 700 Intr. by: Mr. Elarionoff st 1 Reading: August 18, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tyler, and Chair Arakaki – 6. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Bill 302 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 Classification from Agricultural (A-3a) to Residential and Agricultural (RA-.5a) at Kohanaiki, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-19:28 (approx. 4.07 acres). {Tom Smith, Applicant.} Re: Comm. 700.5 Intr. by: Mr. Elarionoff st 1 Reading: August 18, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tyler, and Chair Arakaki – 6. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. Bill 303: Amends Ordinance No. 92 91 Which Amended Ordinance No. 89-50, Which Reclassified 47,680 Square Feet of Land from Single Family Residential (RS-10) to General Commercial (CG-10) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-2-28:29 (approx. 47,680 square feet). {DJSM, LLC, Applicant.} (Time extension to Condition C to secure Final Plan Approval.); Re: Comm. 702 Intr. by: Mr. Elarionoff st 1 Reading: August 18, 2004 and Comm. 702.1: From Planning Committee Chair Leningrad Elarionoff, dated August 21, 2004, transmitting Bill 303, Draft 2. Draft 2 incorporates the metes and bounds description; and Hawai‘i County Council-43 Page 9 September 1, 2004 Bill 303 Amends Ordinance No. 92 91 Which Amended Ordinance No. 89-50, Which (Draft 2): Reclassified 47,680 Square Feet of Land from Single Family Residential (RS- 10) to General Commercial (CG-10) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-2-28:29 (approx. 47,680 square feet). {DJSM, LLC, Applicant.} Intr. by: Mr. Elarionoff nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, and Chair Arakaki – 6. NOES: Council Member Tyler – 1. ABSENT & EXCUSED: Council Members Chung and Tulang – 2. 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.) Comm. 403.2: WENDELL TANGARO V. JOSEPH BOTELHO, ET AL., CIVIL NO. 03-00211 DAE/LEK From Deputy Corporation Counsel Harry P. Freitas, dated August 19, 2004. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 400.114: MAYOR'S VETO MESSAGE REGARDING BILL 178, DRAFT 5, RELATING TO THE CHANGE OF ZONE REQUEST BY CLIFTO'S KONA COAST, LLC, APPLICANT From Mayor Harry Kim, dated August 23, 2004, returning Bill 178, Draft 5, stating his reason for disapproval, as listed; and Hawai‘i County Council-43 Page 10 September 1, 2004 Bill 178 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 5): (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. 400.93 Intr. by: Mr. Elarionoff Deferred: December 17, 2003 and May 5, 2004 Public Hearing: January 23, 2004 st 1 Reading: April 21, 2004 Held Over: July 23, 2004 nd 2 Reading: August 4, 2004 Mayor's Veto: August 23, 2004 REMOVED FROM AGENDA Note: In order for this bill to become law, the Council must vote (by majority) to reconsider it, within 30 days after it is returned; and to approve it again (2/3 majority vote) (See Article III, Section 3-12, Hawai‘i County Charter). For purposes of Chapter 92, Hawai‘i Revised Statutes, notice is hereby provided that both motions may be offered and discussed at this meeting. ANNOUNCEMENTS TUESDAY, SEPTEMBER 14, 2004 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, SEPTEMBER 15, 2004 COUNCIL 9:00 a.m. KING KAMEHAMEHA'S KONA BEACH HOTEL CONFERENCE ROOM 4 Hawai‘i County Council-43 Page 11 September 1, 2004 STATEMENTS FROM THE PUBLIC/ADJOURNMENT 11:10 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 August 30, 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, September 8, 2004, at 6 p.m.; Sunday, September 12, 2004, at 10:30 a.m.; and Wednesday, September 15, 2004, at 6 p.m.