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Home My WebLink AboutAGE COUNCIL 07/08/2004 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 39 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Thursday, July 8, 2004 9:00 a.m. INVOCATION Reverend Charles Kahawai, Ke Kilohana O ka Malamalama CALL TO ORDER 9:09 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES May 5, 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-39 Page 2 July 8, 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. 195-04 Accepts the Dedication of Roadway Parcels Lot 26 (1.602 Acres), Lot 35 (1.459 (Draft 2): Acres), and Lot 21 (37,529 Square Feet) for Road Right-of-Way from Towne Keauhou LLC, a Hawai‘i Limited Liability Company, Situate at District of North Kona, County and State of Hawai‘i, All Bearing Tax Map Key (3) 7-7-26-26, to the County of Hawai‘i. Re: Comm. 644.1 Intr. by: Mr. Safarik Approve: PWIRC-53 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Safarik – 2. Res. 196-04 Accepts the Dedication of Roadway Parcels Lot 33 (1.749 Acres), Lot 28 (14,487 (Draft 2): Square Feet), Lot 29 (17,357 Square Feet), Lot 24 (16,400 Square Feet), and Lot 26 (21,000 Square Feet) for Road Right-of-Way from Towne Keauhou LLC, a Hawai‘i Limited Liability Company, Situate at District of North Kona, County and State of Hawai‘i, All Bearing Tax Map Key (3) 7-7-25-56, to the County of Hawai‘i. Re: Comm. 644.1 Intr. by: Mr. Safarik Approve: PWIRC-54 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Safarik – 2. Hawai‘i County Council-39 Page 3 July 8, 2004 Res. 199-04: Authorizes the Mayor or His Duly Authorized Representative to Negotiate and to Execute Necessary Documents with Fairytale at Kahalu‘u Beach, Inc., to Satisfy Condition "I" of Ordinance No. 00-103. Re: Comm. 658 Intr. by: Mr. Safarik Approve : CHA – June 16, 2004 ADOPTED: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Safarik – 2. BILLS FOR ORDINANCES (FIRST READING) 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) Approve: FC-266 ST PASSED 1 READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Safarik – 2. and Comm. 646.2: From Finance Director William Takaba, dated June 14, 2004. Hawai‘i County Council-39 Page 4 July 8, 2004 ORDER OF THE DAY (SECOND OR FINAL READING) Res. 194-04 Authorizes the Acquisition of Land by Exercise of Eminent Domain or Negotiation (Draft 3): for the Puna Emergency Access Road in the Ainaloa Subdivision and in the Hawaiian Acres Subdivision, Keaau, District of Puna, County of Hawai‘i, Being Portions of Tax Map Keys (3)1-6-65:109, (3)1-6-4: 01, and (3)1-6-13:81; Re: Comm. 641.4 Intr. by: Mr. Safarik and Mr. Jacobson st 1 Reading: June 16, 2004 Note: Second of two required readings, Section 101-13, Hawai‘i Revised Statutes nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Safarik – 2. and Comm. 641.14: From Leslie Silvestrone; and Comm. 641.23: From Gerald Kalisik, dated May 18, 2004; and Comm. 641.24: From Police Chief Lawrence K. Mahuna, dated June 2, 2004. Bill 274: Authorizes the Issuance of General Obligation Refunding Bonds of the County of Hawai‘i for the Purpose of Refunding All or a Portion of the County's Outstanding General Obligation Bonds; Fixing the Form, Denominations, and Certain Other Details of Such Refunding Bonds and Providing for Their Sale to the Public; Providing for the Retirement of the Bonds to be Refunded; and Authorizing the Taking of Other Actions Relating to the Issuance and Sale of the Refunding Bonds and the Retirement of the Bonds to be Refunded (General obligation bonds not to exceed $79,209,000). {Allows the Finance Director to take advantage of low interest rates to refund existing higher rate bonds; refunding will be considered on bonds that would provide an opportunity for debt service savings and other benefits for the County; and broad authorization for refunding bonds will shorten the time required to initiate a refunding when deemed appropriate.} Re: Comm. 632 Intr. by: Mr. Chung st 1 Reading: June 16, 2004 nd PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Safarik – 2. Hawai‘i County Council-39 Page 5 July 8, 2004 Bill 275: Amends Chapter 14 (General Welfare) of the Hawai‘i County Code, as Amended, Relating to Street Addressing and Naming. {Enables more efficient emergency response through the E911 system.} Re: Comm. 633 Intr. by: Mr. Safarik st 1 Reading: June 16, 2004 nd AMENDED TO DRAFT 2 & PASSED 2 & FINAL READING: AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chair Arakaki – 7. NOES: None. ABSENT & EXCUSED: Council Members Chung and Safarik – 2. REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: Month Ended May 31, 2004. 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. 36.5: KEALOHA M. J. WELLS, ET AL., V. MARK FARIAS, ET AL., CIVIL NO. 02-1-0149K From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 28, 2004. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL 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, and June 2, 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. Hawai‘i County Council-39 Page 6 July 8, 2004 Comm. 403.1: WENDELL TANGARO V. JOSEPH BOTELHO, ET AL., CIVIL NO. 03-00211 DAE/LEK From Deputy Corporation Counsel Harry P. Freitas, dated June 28, 2004. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 656: CLAIM AGAINST THE COUNTY OF HAWAI‘I/STATE OF HAWAI‘I RISK MANAGEMENT From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 17, 2004. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 657: CLAIM AGAINST THE COUNTY OF HAWAI‘I/JESSE A. JUMALON From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 18, 2004. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 672: CLAIM AGAINST THE COUNTY/DTG THRIFTY RENTAL SUBROGATION From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 28, 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.) ANNOUNCEMENTS MONDAY, JULY 12, 2004 COUNCIL PUBLIC 6:00 p.m. KEALAKEHE INTER- HEARING (WATER MEDIATE SCHOOL IMPROVEMENT DISTRICT – RESOLUTION 197-04) THURSDAY, JULY 22, 2004 COMMITTEES TBA COUNCIL ROOM FRIDAY, JULY 23, 2004 COUNCIL 9:00 a.m. COUNCIL ROOM Hawai‘i County Council-39 Page 7 July 8, 2004 STATEMENTS FROM THE PUBLIC/ADJOURNMENT 11:25 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 July 6, 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 14, 2004, at 6 p.m.; Sunday, July 18, 2004, at 10:30 a.m.; and Wednesday, July 21, 2004, at 6 p.m.