HomeMy WebLinkAboutAGE COUNCIL 11/24/2004 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
48 th Session
ORDER OF BUSINESS
Hawai‘i County Council
Ohana Keauhou Beach Resort
Kailua-Kona, Hawai‘i
Wednesday, November 24, 2004
9:00 a.m.
INVOCATION Pastor Jason Meechan, Thy Word Ministries – Kona
CALL TO ORDER 9:10 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
(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-48 Page 2 November 24, 2004
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND
EXPRESSIONS OF CONDOLENCE
Comm. 859: HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) 2005 LEGISLATIVE
PACKAGE
APPROVED ALL From HSAC Vice President Michael Tulang, dated November 9, 2004, transmitting
ITEMS EXCEPT FOR for Council's consideration and approval nine proposals for inclusion in the
ITEM #5 (ITEM #8 2005 HSAC Legislative Package.
WAS WITHDRAWN,
THEREFORE, NO
ACTION WAS
TAKEN)
STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS
ORDER OF RESOLUTIONS
Res. 255-04: Amends Salary Ordinance No. 04-60 to Add Exempt Classes of Work for
Persons Employed by the Office of the County Council and Office of Housing
and Community Development Whose Pay is Not Otherwise Provided for;
Re: Comm. 810
Intr. by: Mr. Chung (B/R)
Waived: FC
Deferred: October 20 and November 10, 2004
and
Res. 255-04 Amends Salary Ordinance No. 04-60 to Add Exempt Classes of Work for
(Draft 2): Persons Employed by the Office of the County Council and Office of Housing
and Community Development Whose Pay is Not Otherwise Provided for.
Draft 2 adds the Election Clerk I position under Section 7.01 of the bill;
Re: Comm. 810.1
Intr. by: Mr. Chung (B/R)
Deferred: October 20 and November 10, 2004
and
Res. 255-04 Amends Salary Ordinance No. 04-60 to Add Exempt Classes of Work for
(Draft 3): Persons Employed by the Office of the County Council and Office of Housing
and Community Development Whose Pay is Not Otherwise Provided for.
{Draft 3 is the result of the following amendments made to Draft 2 on
October 20, 2004: deletes Legislative Analyst I, II, and III; deletes Council
Services Supervisor, Council Services Assistant I and II, and Legislative
Information and Reference Technician; and deletes related information in the
recitals.}
Re: Comm. 810.2
Intr. by: Mr. Chung
Deferred: October 20 and November 10, 2004
Hawai‘i County Council-48 Page 3 November 24, 2004
(Note: There is a pending motion by Mr. Chung and duly seconded by
Mr. Jacobson to approve Resolution 255-04; and a pending motion by Mr. Chung
and duly seconded by Mr. Jacobson to amend Resolution 255-04 with Draft 2, as
amended on October 20, 2004.)
ADOPTED RESOLUTION 255-04, DRAFT 3:
AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson,
Reynolds, Safarik, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Chung – 1.
Res. 258-04: Authorizes the Acceptance of a Monetary Donation of $1,500 to the Hawai‘i
County Fire Department as part of Wal-Mart Hilo's community involvement
program. {Funds to be used to purchase educational materials to be distributed to
the public in commemoration of Fire Prevention Week in October and of
Emergency Medical Services Week in May 2005.}
Re: Comm. 830
Intr. by: Mr. Chung
Approve: FC-341
ADOPTED:
AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson,
Reynolds, Safarik, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Chung – 1.
Res. 259-04: 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 Highway Safety
Training Grant for the Office of the Prosecuting Attorney. {Funds to be used to
conduct Statewide training sessions on Driving Under the Influence Enforcement
and Prosecution and on Crash Reconstruction Dynamics, vehicles and occupant
kinematics.}
Re: Comm. 831
Intr. by: Mr. Chung
Approve: FC-343
ADOPTED:
AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson,
Reynolds, Safarik, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Chung – 1.
Hawai‘i County Council-48 Page 4 November 24, 2004
Res. 260-04: 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 the Hawai‘i
County Fire Department’s Spine Board Equipment Purchase Project. {Funds to be
used to purchase 50 radio translucent spine boards, eliminating the need to transfer
patients from spinal immobilization boards to obtain x-rays.}
Re: Comm. 832
Intr. by: Mr. Chung
Approve: FC-345
ADOPTED:
AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson,
Reynolds, Safarik, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Chung – 1.
Res. 262-04: Authorizes the (1) Extension of the Public Sewer from Ali'i Drive Mauka and
Across Walua Road; and (2) Reimbursement for the Cost of Construction of the
Extension by Bolton, Inc. at Wai'aha, North Kona, Hawai'i.
Re: Comm. 836
Intr. by: Mr. Tyler
Approve: PEMC-21
ADOPTED:
AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson,
Reynolds, Tulang, and Chair Tyler – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Chung and Safarik – 2.
Res. 263-04: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for Multi-Year Lease (5-years) for a Copier for the Department of
Finance Accounts Division. {Current copy machine lease to expire
December 2004.}
Re: Comm. 839
Intr. by: Mr. Chung
Approve: FC-349
ADOPTED:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Hawai‘i County Council-48 Page 5 November 24, 2004
Res. 273-04: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s). {Appropriates
$89,500 out and from Clerk-Council Services – Contingency Relief account; credits
to the following: Research and Development Hawai‘i County Resource Center
($23,000), Research and Development Tourism Promotion ($7,500), Transfer to
Capital Improvement Project Fund ($46,500), and Parks and Recreation Friends of
the Park ($12,500), for a total of $89,500.}
Re: Comm. 861
Intr. by: Mr. Tulang
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson,
Reynolds, Safarik, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Chung – 1.
Res. 274-04: Authorizes the Corporation Counsel, and His Authorized Representatives, to Enter
into an Agreement with the Individually Named Party, Who is an Employee of the
County of Hawai‘i, to Represent Him in the Civil Action Entitled Thomas G.
Nauman Vs. Paul Bugado, Et Al., Civil No. 04-00392 DAE\\LEK.
Re: Comm. 801.1
Intr. by: Mr. Chung
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Hawai‘i County Council-48 Page 6 November 24, 2004
BILLS FOR ORDINANCES (FIRST READING)
Bill 354: 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 State Grants – Product Development Program ($75,000);
appropriates same to Product Development Program – State. Funds to ensure
that the contract management procedures and the overall administration of the
Department of Research and Development's Product Enrichment Program
continue to run smoothly.}
Re: Comm. 813
Intr. by: Mr. Chung
Approve: FC-340
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson,
Reynolds, Safarik, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Chung – 1.
Bill 357 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25
(Draft 2): (Zoning Code) of the Hawai‘i County Code, by Changing the District
Classification from Single Family Residential (RS-10) to Industrial –
Commercial Mixed (MCX-20) at Waiakea, South Hilo, Hawai‘i, Covered by
Tax Map Key 2-2-49:26 (approx. 22,300 square feet). {Automotive Supply
Center, Ltd., Applicant.}
Re: Comm. 822.1
Intr. by: Mr. Elarionoff
Approve: PC-118
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Hawai‘i County Council-48 Page 7 November 24, 2004
Bill 358 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25
(Draft 2): (Zoning Code) of the Hawai‘i County Code, by Changing the District
Classification from Single Family Residential (RS-10) to
Industrial-Commercial Mixed (MCX-20) at Waiakea, South Hilo, Hawai‘i,
Covered by Tax Map Key 2-2-37:31 (approx. 22,300 square feet). {Island
Ohana Dental, Applicant.}
Re: Comm. 823.1
Intr. by: Mr. Elarionoff
Approve: PC-119
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Bill 359 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25
(Draft 2): (Zoning Code) of the Hawai‘i County Code, by Changing the District
Classification from Family Agricultural (FA-3a) to Single Family Residential
(RS-15) at Waiakea Homesteads, South Hilo, Hawai‘i, Covered by Tax Map
Key 2-4-38:16 (approx. 2.5138 acres). {Betty Wung, Applicant.}
Re: Comm. 824.1
Intr. by: Mr. Elarionoff
Approve: PC-120
ST
AMENDED TO DRAFT 3 &PASSED 1 READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Safarik, Tulang, and Chair Tyler – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-48 Page 8 November 24, 2004
Bill 360 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25
(Draft 2): (Zoning Code) of the Hawai‘i County Code, by Changing the District
Classification from Single Family Residential (RS-10) to Residential –
Commercial Mixed Use (RCX-10) at Waiakea, South Hilo, Hawai‘i, Covered
by Tax Map Key 2-2-21:30 (approx. 9,367 square feet). {Glenn Ahuna,
Applicant.}
Re: Comm. 825.1
Intr. by: Mr. Elarionoff
Approve: PC-121
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson,
Reynolds, Safarik, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Chung – 1.
Bill 361: 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 ($1,500); appropriates to the
following: Fire Protection – Other Current Expense ($500) and Fire
Prevention – Other Current Expense ($1,000), for a total of $1,500.}
Re: Comm. 830
Intr. by: Mr. Chung
Approve: FC-342
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson,
Reynolds, Safarik, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Chung – 1.
Bill 362: 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 – Driving Under the Influence and Crash
Reconstruction Training Grant ($24,144); appropriates same to Federal Grants
– Driving Under the Influence and Crash Reconstruction Training Grant.}
Re: Comm. 831
Intr. by: Mr. Chung
Approve: FC-344
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson,
Reynolds, Safarik, Tulang, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Chung – 1.
Hawai‘i County Council-48 Page 9 November 24, 2004
Bill 363: 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 – Spine Boards ($10,163.20); appropriates same to
Fire Grants – Spine Boards – Federal.}
Re: Comm. 832
Intr. by: Mr. Chung
Approve: FC-346
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Safarik, Tulang, and Chair Tyler – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 364: 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 Federal Grants – Coordinated Services ($23,500); appropriates
same to Coordinated Services – Equipment. Funds to enable the Department
of Parks and Recreation's Coordinated Services Program to replace one of their
current vehicles, which is unable to be repaired or costs too much to repair.}
Re: Comm. 838
Intr. by: Mr. Chung
Approve: FC-348
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Safarik, Tulang, and Chair Tyler – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-48 Page 10 November 24, 2004
Bill 373: Amends Ordinance No. 04-75, as Amended, Relating to Public Improvements
and Financing Thereof for the Fiscal Year July 1, 2004 to June 30, 2005.
{Adds POLICE DEPARTMENT: South Kona Police Station, refueling
station, and radio tower – plans, designs, construction ($3,685,000); funds to be
provided from General Obligation Bonds, Capital Projects Fund Balance
and/or Other Sources ($3,685,000). Funds to be used for planning, design, and
construction for a new police station in South Kona.}
Re: Comm. 860
Intr. by: Mr. Reynolds
Waived: FC
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Safarik, Tulang, and Chair Tyler – 9.
NOES: None.
ABSENT & EXCUSED:None.
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 49 Amends Chapter 19, Articles 1,7 and 8 of the Hawai‘i County Code 1983
(Draft 4): (1995 Edition), Relating to Real Property Tax Definitions; Non-Dedicated
Agricultural Use Assessment and Agricultural Use Dedication. {Proposes
amendments to real property tax provisions to support the agriculture industry
through property tax incentives, and to close loopholes that enable some non-
farmers to take advantage of tax provisions intended to help the agriculture
industry.}
Re: Comm. 118.38
Intr. by: Mr. Chung and Mr. Tyler
ST
1 Reading: November 10, 2004
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Safarik, Tulang, and Chair Tyler – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-48 Page 11 November 24, 2004
Bill 248 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25
(Draft 5): (Zoning Code) of the Hawai‘i County Code, by Changing the District
Classification from Agricultural 1-Acre (A-1a), Neighborhood Commercial -
40,000 Square Foot (CN-40), Single Family Residential - 7,500 Square Foot
and 10,000 Square Foot (RS-7.5 and RS-10) and Open (O) to Project District at
South Hilo, Hawai‘i, Covered by Tax Map Key 2-3-44:19, 2-3-49:53 and
2-3-37:1 (171.504 acres). {Western United Life Assurance Company,
Applicant.} {Draft 5 differs from Draft 4 by 1) correcting the maximum
allowable units from 550 to 500; 2) amending Condition I relating to mitigating
the impact of commercial areas to residential neighbors; 3) reducing the right-
of-way width of Ponahawai extension from 80 to 60 feet; 4) allowing new
street connections to existing streets to be for emergency access; 5) allowing
the 5-acre park to be passive rather than active; and 6) other clarifying
amendments.}
Re: Comm. 560.45
Intr. by: Mr. Elarionoff
ST
1 Reading: November 10, 2004
ND
BILL 248, DRAFT 5, AS AMENDED TO DRAFT 6, PASSED 2 & FINAL
READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Reynolds, Tulang, and Chair Tyler – 7.
NOES: Council Members Jacobson and Safarik - 2.
ABSENT & EXCUSED:None.
Bill 327 Amends Ordinance No. 91-71, Which Amended Ordinance No. 89-54, Which
(Draft 4): Reclassified 2.23 Acres of Land from a Multiple Family Residential 1,000
Square Foot (RM-1) to a Resort-Hotel 1,000 Square Foot (V-1) District at Puaa
2nd, North Kona, Hawai'i, Covered by Tax Map Key 7-5-9:40
(approx. 2.23 acres). {Kona Oasis, Inc., Applicant.} {Draft 4 differs from
Draft 3 by 1) adding a standard 5-year deadline to complete construction;
2) requiring movement restrictions to an approved conceptual alignment;
3) requiring completion of roadway improvements to issuance of an occupancy
permit; 4) requiring sewer connection prior to occupancy; and 5) making minor
clarifying amendments.}
Re: Comm. 770.9
Intr. by: Mr. Elarionoff
Deferred: October 20, 2004
st
1 Reading: November 10, 2004
ND
BILL 327, DRAFT 4, AS AMENDED TO DRAFT 5, PASSED 2 & FINAL
READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Reynolds, Safarik, Tulang, and Chair Tyler – 8.
NOES: Council Member Jacobson - 1.
ABSENT & EXCUSED:None.
Hawai‘i County Council-48 Page 12 November 24, 2004
Bill 329 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8,
(Draft 3): 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 7-3-27:21 (approx.
20.992 acres). {Thad E. Bond, Applicant.} {Draft 3 amends Condition K,
wherein the figures and text were adjusted to reflect one additional lot, instead
of two; and the word "additional" was added where appropriate in this
condition.}
Re: Comm. 786.2
Intr. by: Mr. Elarionoff
st
1 Reading: November 10, 2004
ND
BILL 329, DRAFT 3, AS AMENDED TO DRAFT 4, PASSED 2 & FINAL
READING:
AYES: Council Members Arakaki, Elarionoff, Holschuh,
Reynolds, Safarik, Tulang, and Chair Tyler – 7.
NOES: Council Member Jacobson - 1.
ABSENT & EXCUSED:Council Member Chung - 1.
Bill 341 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8,
(Draft 3): Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the
District Classification from Agricultural (A-20a) to Family Agricultural
(FA-3a) at Kaloko, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-25:7
(approx. 20.477 acres). {Phil Knierim, Applicant.} {Draft 3 amends
Condition G(3) by replacing "20%" with "33%"; Condition L, wherein the
figures and text were adjusted to reflect five additional lots, instead of six, and
the word "additional" was added where appropriate in this condition.}
Re: Comm. 787.2
Intr. by: Mr. Elarionoff
st
1 Reading: November 10, 2004
ND
BILL 341, DRAFT 3, AS AMENDED TO DRAFT 4, PASSED 2 & FINAL
READING:
AYES: Council Members Arakaki, Elarionoff, Holschuh,
Reynolds, Safarik, Tulang, and Chair Tyler – 7.
NOES: Council Member Jacobson - 1.
ABSENT & EXCUSED:Council Member Chung - 1.
Hawai‘i County Council-48 Page 13 November 24, 2004
Bill 342: 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 Urban
District at Kalaoa 1st and 2nd, North Kona, Hawai‘i, Covered by Tax Map Key
7-3-011:068 (approx. 1.8628 acres). {Lilian Mahi, Applicant.}
Re: Comm. 788
Intr. by: Mr. Elarionoff
st
1 Reading: November 10, 2004
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Elarionoff, Holschuh,
Reynolds, Safarik, Tulang, and Chair Tyler – 7.
NOES: Council Member Jacobson - 1.
ABSENT & EXCUSED:Council Member Chung - 1.
Bill 343 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 - 5 Acres (A-5a) to Single Family Residential
- 20,000 Square Feet (RS-20) at Kalaoa 1st and 2nd, North Kona, Hawai‘i,
Covered by Tax Map Key 7-3-011:068 (approx. 1.8628 acres). {Lilian Mahi,
Applicant.} {Draft 3 amends Condition K by adding the word "additional"
where appropriate in this condition.}
Re: Comm. 788.2
Intr. by: Mr. Elarionoff
st
1 Reading: November 10, 2004
ND
BILL 343, DRAFT 3, AS AMENDED TO DRAFT 4, PASSED 2 & FINAL
READING:
AYES: Council Members Arakaki, Elarionoff, Holschuh,
Reynolds, Safarik, Tulang, and Chair Tyler – 7.
NOES: Council Member Jacobson - 1.
ABSENT & EXCUSED:Council Member Chung - 1.
Hawai‘i County Council-48 Page 14 November 24, 2004
Bill 344 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25
(Draft 2): (Zoning Code) of the Hawai‘i County Code, by Changing the District
Classification from Neighborhood Commercial (CN-10) to Industrial-
Commercial Mixed (MCX-20) at Waiakea, South Hilo, Hawai‘i, Covered by
Tax Map Key 2-2-32:93 (approx. 59,356 square feet). {WKSP Limited
Partnership, Applicant.}
Re: Comm. 793.1
Intr. by: Mr. Elarionoff
st
1 Reading: November 10, 2004
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Safarik, and Tulang – 8.
NOES: Chair Tyler - 1.
ABSENT & EXCUSED:None.
Bill 345: 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 – Repeat Offenders Project ($16,800); appropriates
same to Repeat Offenders Project.}
Re: Comm. 795
Intr. by: Mr. Chung
st
1 Reading: November 10, 2004
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Safarik, Tulang, and Chair Tyler – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 346: 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 – Geopowering the West ($9,560); appropriates
same to Geopowering the West.}
Re: Comm. 796
Intr. by: Mr. Chung
st
1 Reading: November 10, 2004
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Safarik, Tulang, and Chair Tyler – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-48 Page 15 November 24, 2004
Bill 347: 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 – Community Oriented Policing Services – Police
($200,000); appropriates same to Community Oriented Policing Services –
Police.}
Re: Comm. 797
Intr. by: Mr. Chung
st
1 Reading: November 10, 2004
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Safarik, Tulang, and Chair Tyler – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 348 Amends Ordinance No. 04-59 of the County of Hawai‘i on May 19, 2004
(Draft 2): Relating to the Issuance of General Obligation Bonds for the Purpose of
Financing Various Public Improvements for the County of Hawai‘i. {Proceeds
to be apportioned as follows: North and South Kona ($23,000,000); South
Kohala ($10,000,000); Puna ($7,000,000); four park-and-ride facilities in
Hāmākua, South Kona, North Kona, and Puna ($1,500,000); Sand Gulch
by-pass road in Hāmākua ($2,400,000); Laupāhoehoe Point emergency access
road ($100,000); transportation enhancement projects in Hilo ($1,000,000); and
island wide facility planning efforts to include $2,000,000 for the identification
of roadway corridors, wastewater facilities planning and expansion, solid waste
facilities planning and implementation and multimodal transportation planning
and implementation, for a total bond authorization of $47,000,000.}
Re: Comm. 798.7
Intr. by: Mr. Chung
st
1 Reading: November 10, 2004
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Safarik, and Chair Tyler – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Tulang - 1.
Hawai‘i County Council-48 Page 16 November 24, 2004
Bill 349: 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 Fund Balance from Previous Year ($298,200); appropriates same
to Highway Maintenance Administration Equipment. Funds to be used for the
purchase of seven 6-passenger dump trucks with radio accessories for the new
additional positions being requested (ref. to Res. 225-04 and Bill 310) and will
be funded from the available fund balance.}
Re: Comm. 803
Intr. by: Mr. Chung
st
1 Reading: November 10, 2004
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Jacobson, Reynolds, Safarik, and Tulang – 8.
NOES: Chair Tyler - 1.
ABSENT & EXCUSED:None.
Bill 350 Amends Ordinance No. 04-74, as Amended, the Operating Budget for the
(Draft 4): County of Hawai‘i for the Fiscal Year Ending June 30, 2005. {Appropriates
revenues in Fund Balance from Previous Year ($4,042,488); appropriates to the
following: Research and Development Salaries and Wages ($37,488), Building
Repair and Maintenance Other Current Expense ($80,000), Transfer to Capital
Project Fund – General Fund ($600,000), Transfer to Self Insurance Fund
($2,500,000), Planning Other Current Expense Miscellaneous Contract
Services ($750,000), Mass Transit Other Current Expense Miscellaneous
Contract Services ($75,000), for a total of $4,042,488. Pursuant to Section
10-8 of the Hawai‘i County Charter relating to supplemental appropriations,
certifies there is an excess balance of $6,697,734.37 in the General Fund fund
balance as of June 30, 2004 and, therefore, proposes to fund a portion of this
amount for the above projects.}
Re: Comm. 804.17
Intr. by: Mr. Arakaki
st
1 Reading: November 10, 2004
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Chung, Holschuh,
Jacobson, Reynolds, Safarik, and Tulang – 7.
NOES: Council Members Elarionoff and Chair Tyler - 2.
ABSENT & EXCUSED:None.
Hawai‘i County Council-48 Page 17 November 24, 2004
Bill 352: Amends Chapter 21, of the Hawai‘i County Code 1983 (1995 Edition), Relating to
Sewer Service Charges. {Allows sewer customers to document accurate readings of
discharge into the County sewer system and for customers to be charged only for
the amount actually discharged into the County system.};
Re: Comm. 808
Intr. by: Mr. Tyler
st
1 Reading: October 20, 2004
Deferred: November 10, 2004
and
Comm. 808.1: From Environmental Management Director Barbara Bell, dated October 28,
2004.
Comm. 808.2: From Environmental Management Director Barbara Bell, dated November 16,
2004.
(Note: There is a pending motion by Mr. Tyler and duly seconded by
Mr. Tulang to approve Bill 352. There is a pending motion by Mr. Tyler
and seconded by Mr. Holschuh to further amend Bill 352 with the
following language inserted before the second to the last sentence of
Section 2: "When the metering system is located on public property, it
shall be acceptable to the County and installed in accordance with the
rules and regulations set forth by the Department of Water Supply.")
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh,
Reynolds, Safarik, Tulang, and Chair Tyler – 8.
NOES: Council Member Jacobson - 1.
ABSENT & EXCUSED:None.
REPORTS
FC-339 Recommends the acceptance of a $643 donation to the Parks and Recreation
(Comm. 812): Department from the Potluckers Golf Club for programs at the Pana‘ewa Rainforest
APPROVED Zoo.
FC-347 Recommends the acceptance of the Art Work entitled "Recycle Right Now"
(Comm. 837): (estimated value of $100) to the Department of Environmental Management from
APPROVED Ms. Toby S. Hazel.
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.)
Hawai‘i County Council-48 Page 18 November 24, 2004
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
MONDAY, DECEMBER 6, 2004
COUNCIL SINE DIE 10:00 a.m. COUNCIL ROOM
COUNCIL NEW 3:00 p.m. COUNCILROOM
MONDAY, DECEMBER 20, 2004
COMMITTEES TBA COUNCIL ROOM
TUESDAY, DECEMBER 21, 2004
COUNCIL 9:00 a.m. SHERATON KEAUHOU
BAY RESORT AND SPA
STATEMENTS FROM THE PUBLIC/ADJOURNMENT 1:00 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 November 22, 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, December 1, 2004, at 6 p.m.;
Sunday, December 5, 2004, at 10:30 a.m.; and Wednesday, December 8, 2004, at 6 p.m.