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Home My WebLink AboutAGE COUNCIL 02/20/2003 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 BOBBY JEAN LEITHEAD-TODD Vice Chairman JOE REYNOLDS GARY SAFARIK COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 6 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Thursday, February 20, 2003 9:00 a.m. INVOCATION Pastor Richard Uejo of the KMC Chapel & Heritage Fellowship CALL TO ORDER 9:14 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES January 8, 2003 – approved (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-6 Page 2 February 20, 2003 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. 36-03: Recognizes March as National Women's History Month. {This year’s theme for National Women’s History Month is “Women Pioneering the Future”.} Re: Comm. 112 Intr. by: Ms. Leithead-Todd and Mr. Arakaki Approved: HSEDC-1 ADOPTED 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Res. 37-03: Authorizes the payment of funds of a later fiscal year and more than one fiscal year for a multi-year lease of real property for the Kona Driver License Section. {The Police Department requests a 5-year lease with Sofos Realty for the Kona Driver License Section. The 2,000 square feet of office space is located at the Kona Center, 75-5722 Hanama Place, Kailua-Kona, at an approximate cost of $4,584 per month.} Re: Comm. 116 Intr. by: Mr. Chung Approved: FC-45 ADOPTED 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Hawai‘i County Council-6 Page 3 February 20, 2003 Res. 38-03: Authorizes the Director of Finance to negotiate the purchase of lease interest and (Draft 2) structures from H. Harada Construction, Inc., located at TMK No. 2-2-037-098. {Meadow Gold Dairies, Inc., desires to expand its operations located at 11 Railroad Avenue onto a portion of land presently used by the Parks and Recreation Maintenance Shop.}; Re: Comm. 117.2 Intr. by: Mr. Chung Approved: FC-46 and Comm. 117.3: From Legislative Auditor Assistant Susan Caseria, dated February 11, 2003, transmitting information requested at the February 4, 2003, Finance Committee meeting; and Comm. 117.4: From Finance Committee Chair Aaron S. Y. Chung, dated February 11, 2003, transmitting Resolution 38-03, Draft 3; and Res. 38-03: Authorizes the Director of Finance to negotiate the purchase of lease interest and (Draft 3) structures from H. Harada Construction, Inc., located at TMK No. 2-2-037-098. {Draft 3 includes a public interest finding that was absent in the first draft. Further, the resolution has been expanded and reorganized to improve understanding.} ADOPTED 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Hawai‘i County Council-6 Page 4 February 20, 2003 BILLS FOR ORDINANCES (FIRST READING) Bill 17: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2) Code) of the Hawai‘i County Code, by changing the district classification from Single Family Residential (RS-10) to General Commercial (CG-20) at Waiakea, South Hilo, Hawai‘i, covered by Tax Map Key 2-2-40:14 and 69 (Approx. 6.640 acres). {Matsuno Enterprises, Ltd., Applicant.}; Re: Comm. 110 Intr. by: Ms. Leithead-Todd Approved: PC-20 and Comm. 110.1: From Planning Director Christopher J. Yuen, dated January 22, 2003; and Comm. 110.2: From Josephine Keliipio, dated January 22, 2003. ST AMENDED TO DRAFT 3 & PASSED 1 READING 7 AYES: Councilmembers Chung, Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik and Chairman Arakaki 2 NOES: Councilmembers Jacobson and Tyler Bill 33: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and financing thereof for the fiscal year July 1, 2002 to June 30, 2003. {Adds PARKS AND RECREATION – Puna County Complex ($1,250,000); funds to be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or other Sources ($1,250,000).} Re: Comm. 69 Intr. by: Mr. Chung Approved: FC-48 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Hawai‘i County Council-6 Page 5 February 20, 2003 Bill 34: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and financing thereof for the fiscal year July 1, 2002 to June 30, 2003. {Adds FIRE – Fire Administration Facility ($2,500,000); funds to be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or other Sources ($2,500,000).} Re: Comm. 70 Intr. by: Mr. Chung Negative: FC-49 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Bill 35: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and financing thereof for the fiscal year July 1, 2002 to June 30, 2003. {Adds PUBLIC WORKS – West Hawai‘i County Building \[$840,000\] and $2,000,000 (bracketed material represents the appropriation amount being amended/underscored material represents the amended appropriation); funds to be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or other Sources ($1,160,000).}; Re: Comm. 71 Intr. by: Mr. Chung Negative: FC-50 2/3 Vote: Section 10-6(d), Hawai‘i County Charter and Comm. 71.2: From Scott A. Bell, President, Kona-Kohala Chamber of Commerce, dated February 7, 2003. ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Hawai‘i County Council-6 Page 6 February 20, 2003 Bill 37: Amends Chapter 21-36.1 of the Hawai‘i County Code 1983 (1995 Edition), relating to (Draft 2) Wastewater Service Charge Rates. {This bill increases the Wastewater Service Charge rates contained in Section 21-36.1. Effective July 1, 2003, Single Unit Residential rates will be raised from $27 to $36 and incrementally to $40 per unit by July 1, 2007; the Multi-Unit sewer rates will be raised from $27 to $28 per unit; the Non-Residential base rates will be raised from $22 to $24, and incrementally to $28 per unit by July 1, 2007, (the monthly usage charge per 1,000 gallons \[after the first 7,000 gallons\] being raised to $4.20 per unit on July 1, 2007); the Gang Cesspool rates will be raised from $15 to $23; the private haulers' discharge fees will be modified with the maximum charge per load being raised from $30 to $40; and a charge for recycled water will be established.} Re: Comm. 89.1 Intr. by: Mr. Chung Negative: FC-51 FILED Bill 48: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and financing thereof for the fiscal year July 1, 2002 to June 30, 2003. {Adds PARKS AND RECREATION – Parks and Recreation Maintenance Shop Relocation ($129,000); funds to be provided from Private Contributions ($129,000).} Re: Comm. 117 Intr. by: Mr. Chung Approved: FC-47 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 8 AYES: Councilmembers Chung, Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Jacobson Hawai‘i County Council-6 Page 7 February 20, 2003 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 17: 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 ‘Ōuli, South Kohala, Hawai‘i, covered by Tax Map Key 6-2-11:25 (Approx. 5.0005 acres). {Robert D. Fischler, Applicant.} Re: Comm. 46 Intr. by: Ms. Leithead-Todd st 1 Reading: February 5, 2003 ND PASSED 2 & FINAL READING 6 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki NOES: None 3 ABSENT & EXCUSED: Councilmembers Chung, Jacobson and Safarik Bill 18: 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 ‘Ōuli, South Kohala, Hawai‘i, covered by Tax Map Key 6-2-11:25 (Approx. 5.0005 acres). {Robert D. Fischler, Applicant.} Re: Comm. 46 Intr. by: Ms. Leithead-Todd st 1 Reading: February 5, 2003 ND PASSED 2 & FINAL READING 6 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki NOES: None 3 ABSENT & EXCUSED: Councilmembers Chung, Jacobson and Safarik Bill 38: 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 ndrdth Hienaloli 2 , 3 and 4, North Kona, Hawai‘i, covered by Tax Map Key 7-5- 10:Portion of 52 and Portion of 65 (Approx. 10.02 acres). {Walter and Susan Welton, Applicants.} Re: Comm. 96 Intr. by: Ms. Leithead-Todd (B/R) st 1 Reading: February 5, 2003 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Jacobson Hawai‘i County Council-6 Page 8 February 20, 2003 Bill 39: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) (Draft 3) of the Hawai‘i County Code, by changing the district classification from Agricultural ndrdth (A-5a) to Single Family Residential (RS-20) at Hienaloli 2, 3 and 4, North Kona, Hawai‘i, covered by Tax Map Key 7-5-10:Portion of 52 and Portion of 65 (Approx. 10.02 acres). {Walter and Susan Welton, Applicants.} Re: Comm. 96.19 Intr. by: Ms. Leithead-Todd st 1 Reading: February 5, 2003 ND AMENDED TO DRAFT 4 & PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Jacobson Bill 40: Amends Section 25-8-4 (South Kona Zone Map), Article 8, Chapter 25 (Zoning Code) (Draft 4) of the Hawai‘i County Code, by changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-1a) at Waipunaula, South Kona, Hawai‘i, covered by Tax Map Key 8-2-3:31 (Approx. 5.263 acres). {Daniel Decker, Applicant.} Re: Comm. 97.3 Intr. by: Ms. Leithead-Todd st 1 Reading: February 5, 2003 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Jacobson Bill 41: 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 th Kalaoa 4, North Kona, Hawai‘i, covered by Tax Map Key 7-3-10:29 (Approx. 8.2560 acres). {Dennis Young, Applicant.} Re: Comm. 98 Intr. by: Ms. Leithead-Todd (B/R) st 1 Reading: February 5, 2003 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Jacobson Hawai‘i County Council-6 Page 9 February 20, 2003 Bill 42: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) (Draft 4) of the Hawai‘i County Code, by changing the district classification from Agricultural th (A-5a) to Single Family Residential (RS-15) at Kalaoa 4, North Kona, Hawai‘i, covered by Tax Map Key 7-3-10:29 (Approx. 8.2560 acres). {Dennis Young, Applicant.} Re: Comm. 98.3 Intr. by: Ms. Leithead-Todd st 1 Reading: February 5, 2003 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Jacobson Bill 43: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition), relating to (Draft 2) Vehicles and Traffic. {Passenger loading zone on the mauka-side of Kinoole Street, Puna-side of the old Hilo Hotel exit driveway.} {This request was made by Dr. John Wohler, Director of the Hilo After Hours Medical Clinic, and it was concluded the proposed loading zone will benefit patients with disabilities as well as other businesses in the immediate area. Draft 2 changed the loading zone time from 12 noon – 8:00 p.m. to 4 p.m. – 12 midnight. Draft 2 also replaced two parking stalls that were proposed to be deleted.} Re: Comm. 101.1 Intr. by: Mr. Elarionoff st 1 Reading: February 5, 2003 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Jacobson Hawai‘i County Council-6 Page 10 February 20, 2003 Bill 44: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Increases revenues of $1,000 from Contribution/Donation from Private Source; appropriates same to HI-PAL Other Current Expense.} Re: Comm. 102 Intr. by: Mr. Chung st 1 Reading: February 5, 2003 ND PASSED 2 & FINAL READING 6 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki NOES: None 3 ABSENT & EXCUSED: Councilmembers Chung, Jacobson and Safarik Bill 50: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and financing thereof for the fiscal year July 1, 2002 to June 30, 2003. {Adds PARKS AND RECREATION – New Waikoloa – Ho‘oko Street Park – District 9 ($550,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($550,000).} Re: Comm. 119 Intr. by: Mr. Elarionoff st 1 Reading: February 5, 2003 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Jacobson REPORTS FC Rept. 44 Recommends the acceptance of two wall tapestries (total estimated value of $900) to (C-113): the Department of Public Works by the Bank of Hawai‘i, Kaiko‘o Branch, Arthur K. Taniguchi, East Hawai‘i District Manager. APPROVED Hawai‘i County Council-6 Page 11 February 20, 2003 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. 133: QCUTZIEL FRAZIER, JR., VS. BRETT ANDERSON, ET AL., CIVIL NO. 00-1-463; THOMAS FRAZIER-DeWEES VS. BRETT ANDERSON, ET AL., CIVIL NO. 01-1-344 From Deputy Corporation Counsel Joseph K. Kamelamela, dated February 10, 2003. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 37.15: REQUEST RECONSIDERATION OF BILL 45, DRAFT 3 (ISSUANCE OF GENERAL OBLIGATION BONDS) From Council Member Bob Jacobson, pursuant to Rule No. 17 of Rules of Procedure of the Council of the County of Hawai‘i, requests the opportunity for Council to move to reconsider its action of February 5, 2003, of the passing of Bill 45, Draft 3, on \[Note: Pursuant to Rule 17, Council Rules of Procedure, second and final reading; if the motion to reconsider passes, Bill 45, Draft 3, will be taken up on March 7, 2003.\] ; and Bill 45: Authorizes the issuance of General Obligation Bonds of the County of Hawai‘i for the (Draft 3) purpose of financing various public improvements of the County of Hawai‘i; fixing the form, denominations, and certain other details of such bonds and providing for their sale to the public; and authorizing the issuance and sale of a like principal amount of General Obligation Bond Anticipation Notes in anticipation of the issuance and sale of such bonds. {Provides that the proceeds for up to $17,050,000 in general obligation bonds be expended on the Kahului-Keauhou Parkway, ADA Ramp Compliance Project, ADA Parks Facilities Compliance Project, the Public Safety Complex Evidence-Warehouse/Radio Shop Complex, the Pahoa Village Resource Park (PVRP) and the Waikoloa Ho‘oko Street Park (WHSP); provided that $1,250,000 and $550,000 of the actual amounts as necessary, whichever is less, are allotted towards the PVRP and the WHSP, respectively.}; Re: Comm. 37.14 Intr. by: Mr. Chung st 1 Reading: January 23, 2003 nd 2 Reading: February 5, 2003 2/3 Vote: Rule 12(a), Council Rules of Procedure and Hawai‘i County Council-6 Page 12 February 20, 2003 Comm. 37.16: Copy of letter to Mayor Harry Kim, from Council Member Bob Jacobson, dated February 10, 2003. RECONSIDERATION APPROVED ANNOUNCEMENTS THURSDAY, MARCH 6, 2003 COMMITTEES TBA COUNCILROOM FRIDAY, MARCH 7, 2003 COUNCIL 9:00 a.m. COUNCILROOM TUESDAY, MARCH 11, 2003 NONPROFIT SITE VISITS/ 8:00 a.m. KONA MAYOR’S OFFICE INTERVIEWS FOR WEST HAWAI‘I CONFERENCE ROOM WEDNESDAY, MARCH 12, 2003 NONPROFIT SITE VISITS/ 8:00 a.m. ELECTION’S CONFERENCE ROOM INTERVIEWS FOR EAST HAWAI‘I THURSDAY, MARCH 13, 2003 COMMITTEE ON FINANCE 9:00 a.m. COUNCILROOM SPECIAL MEETING (DEPARTMENTAL/PROGRAM REVIEWS OF BUDGETS) FRIDAY, MARCH 14, 2003 COMMITTEE ON FINANCE 8:30 a.m. COUNCILROOM SPECIAL MEETING (DEPARTMENTAL/PROGRAM REVIEWS OF BUDGETS) Hawai‘i County Council-6 Page 13 February 20, 2003 STATEMENTS FROM THE PUBLIC ADJOURNMENT 3:10 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 February 18, 2003. 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, February 26, 2003, at 6 p.m.; Sunday, March 2, 2003, at 10:30 a.m.; and Wednesday, March 5, 2003, at 6 p.m.