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HomeMy WebLinkAboutAGE COUNCIL 04/02/2003 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 9 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, April 2, 2003 9:00 a.m. INVOCATION Reverend Henry Kahalehili of Glad Tidings Church CALL TO ORDER 9:16 a.m. ROLL CALL All present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 20, 2003 – approved as amended (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-9 Page 2 April 2, 2003 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 192: HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) FISCAL YEAR 2003- 2004 ANNUAL BUDGET From HSAC Treasurer James Kunane Tokioka, dated March 24, 2003, submits for consideration and approval the HSAC 2003-2004 budget, incorporating the following assumptions and changes relating to the following: Interest Income, Conference Income, HSAC Dues, Fund Balance, NACo Dues, and the 2005 NACo Annual Conference Account. Waived: PWIRC APPROVED STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 48-03: Relates to a Council initiated improvement district to facilitate construction of a twenty foot roadway and drainage improvements or a roadway and drainage improvements built to current standards for Chong Street in South Hilo, County of Hawai‘i, by the County Department of Public Works. Re: Comm. 159 Intr. by: Ms. Leithead-Todd Approved: FC-71 AMENDED TO DRAFT 2 & ADOPTED 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Safarik Res. 49-03: Changes the position status of two (2) Lifeguard I (pool) 1/2T (temporary) positions to permanent status. {These two positions were meant to be temporary summer hires, but it has been necessary to extend the positions throughout the year to maintain the minimum levels of lifeguard coverage at the Kona Community Aquatic Center.} Re: Comm. 160 Intr. by: Mr. Chung Approved: FC-72 ADOPTED 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Safarik Hawai‘i County Council-9 Page 3 April 2, 2003 Res. 50-03: Authorizes the payment of funds of a later fiscal year and more than one fiscal year for the multi-year lease of real property for the Planning Department at Hanama Place. {The additional 1,053 square feet of space for the Planning Department West Hawai‘i Office at Hanama Place will be at an approximate cost of $2,337 per month.} Re: Comm. 161 Intr. by: Mr. Chung Approved: FC-73 ADOPTED 7 AYES: Council Members Chung, Elarionoff, Jacobson, Leithead-Todd, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Holschuh and Reynolds Res. 51-03: Creates a Deputy Corporation Counsel position for the Office of the Corporation Counsel. {This new position allows the Office of the Corporation Counsel to maintain a more “pro-active” legal presence in the County, as well as the opportunity to develop expertise in specific areas of the law. This position would be funded by the Department of Water Supply with the intent of providing service to that Department.} Re: Comm. 163 Intr. by: Mr. Chung (B/R) Approved: FC-75 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Holschuh Res. 52-03: Authorizes the Office of the Mayor to enter into an agreement with the United States of America, pursuant to HRS 46-7, for a Community Oriented Policing Services (COPS) in Schools Grant. {Funds will be used strictly for entry level salaries and fringe benefits for six new police officers for three years and not to exceed $125,000 per officer.} Re: Comm. 164 Intr. by: Mr. Chung Approved: FC-76 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki 1 NO: Council Member Jacobson Hawai‘i County Council-9 Page 4 April 2, 2003 Res. 60-03: Authorizes the Office of the Mayor to enter into an agreement with the State of Hawai‘i Department of Public Safety, pursuant to HRS 46-7, for a project entitled “Taking Care of Our Own”. {Funds will be used to implement an offender reentry program for the Island of Hawai‘i. The Mayor’s Office will be working with the Hawai‘i Community Correctional Center and the volunteer citizen’s group, Hawai‘i Island Corrections Advisory Council, to administer this project.} Re: Comm. 187 Intr. by: Mr. Chung Waived: FC ADOPTED 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Res. 61-03: Authorizes the Mayor to negotiate and execute an agreement with a consultant to re-assess the feasibility of the Waikoloa Affordable Housing Project. Re: Comm. 191 Intr. by: Mr. Reynolds Approved: CHA – March 18, 2003 ADOPTED 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Safarik BILLS FOR ORDINANCES (FIRST READING) Bill 67: 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. {Establishes st Transportation Equity Act for the 21 Century (TEA-21) projects (Federal aid) ($3,000,000) and Local Road Improvements ($3,000,000) for a total of $6,000,000; funds to be provided from that portion of the Highway Fund which is designated as the Fuel Tax Increase Account No. 3104.06, and which consists of the increase fuel tax revenues created pursuant to Resolution Nos. 192-97 and 241-98.} Re: Comm. 162 Intr. by: Mr. Chung Approved: FC-74 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Holschuh Hawai‘i County Council-9 Page 5 April 2, 2003 Bill 68: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates revenues of $750,000 from Federal Grants – Community Oriented Policing Services (COPS) in Schools; appropriates same to Community Oriented Policing Services (COPS) in Schools.} Re: Comm. 164 Intr. by: Mr. Chung Approved: FC-77 ST PASSED 1 READING 7 AYES: Council Members Chung, Elarionoff, Holschuh, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki 1 NO: Council Member Jacobson 1 ABSENT & EXCUSED: Council Member Safarik Bill 83: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates revenues of $50,000 from Federal Grants – Taking Care of Our Own; appropriates same to Taking Care of Our Own.} Re: Comm. 187 Intr. by: Mr. Chung Waived: FC ST PASSED 1 READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Bill 84: 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 $15,101.94 from Block Grant Program Income; appropriates same to Residential Emergency Repair Program.} Re: Comm. 188 Intr. by: Mr. Reynolds Approved: CHA – March 18, 2003 ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Safarik Hawai‘i County Council-9 Page 6 April 2, 2003 Bill 85: 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 $9,400 from Federal – 2002 HOME Investment Partnerships (HOME) Program and $25,544.21 from HOME – Program Income, for a total of $34,944.21; appropriates $7,000 to Office of Housing and Community Development (OHCD) Administration, $2,400 to Kamuela Senior Housing, and $25,544.21 to Kamuela Senior Housing, for a total of $34,944.21.} Re: Comm. 189 Intr. by: Mr. Reynolds Approved: CHA – March 18, 2003 ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Safarik Bill 86: 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 $389,791 from Federal Grants – Workforce Investment Act 2002; appropriates $168,243 to Workforce Investment Act Administration/Planning 2002, and $221,548 to Workforce Investment Act Programs 2002, for a total of $389,791.} Re: Comm. 190 Intr. by: Mr. Reynolds Approved: CHA – March 18, 2003 ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Safarik ORDER OF THE DAY (SECOND OR FINAL READING) Bill 55: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition), relating to Vehicles and Traffic. {Installs a Yield sign along Kāhoa Street at Bridge No. 26-5 in Honoli‘i.} Re: Comm. 132 Intr. by: Mr. Elarionoff st 1 Reading: March 19, 2003 ND PASSED 2 & FINAL READING 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Safarik Hawai‘i County Council-9 Page 7 April 2, 2003 Bill 56: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by changing the district classification from Single Family Residential (RS-10) to General Commercial (CG-10) at Waiakea Houselots, 2nd Series, Waiakea, South Hilo, Hawai‘i, covered by Tax Map Key 2-2-21:25 (Approx. 10,110 square feet). {Keith K. Yamakawa, DDS, Applicant.} Re: Comm. 134 Intr. by: Ms. Leithead-Todd st 1 Reading: March 19, 2003 ND PASSED 2 & FINAL READING 6 AYES: Council Members Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik and Chairman Arakaki 2 NOES: Council Members Jacobson and Tyler 1 ABSENT & EXCUSED: Council Member Chung Bill 60: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates revenues of $63,544 from Federal Grants – All Hazards Emergency Operations Planning; appropriates same to All Hazards Emergency Operations Planning.} Re: Comm. 148 Intr. by: Mr. Chung st 1 Reading: March 19, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 61: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates revenues of $31,632 from Federal Grants – Citizen Corps Council and Community Emergency Response Team; appropriates same to Citizen Corps Council and Community Emergency Response Team.} Re: Comm. 149 Intr. by: Mr. Chung st 1 Reading: March 19, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Hawai‘i County Council-9 Page 8 April 2, 2003 Bill 62: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates revenues of $591,051 from Federal Grants – Civil Defense Domestic Equipment Program – Civil Defense/Police-Fire; appropriates same to Civil Defense Domestic Equipment Program – Civil Defense/Police-Fire.} Re: Comm. 150 Intr. by: Mr. Chung st 1 Reading: March 19, 2003 ND PASSED 2 & FINAL READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Bill 63: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates revenues of $254,500 from Federal Grants – Civil Defense Domestic Equipment Program – Civil Defense/Police; appropriates same to Civil Defense Domestic Equipment Program – Civil Defense/Police.} Re: Comm. 151 Intr. by: Mr. Chung st 1 Reading: March 19, 2003 ND PASSED 2 & FINAL READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Bill 64: 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 $600 from Contribution from Private Source; appropriates same to Fire Protection – Other Current Expense.} Re: Comm. 152 Intr. by: Mr. Chung st 1 Reading: March 19, 2003 ND PASSED 2 & FINAL READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Hawai‘i County Council-9 Page 9 April 2, 2003 Bill 65: 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 $50,000 from Seatbelt Innovative Demonstration – East Hawai‘i; appropriates same to Seatbelt Innovative Demonstration – East Hawai‘i.} Re: Comm. 153 Intr. by: Mr. Chung st 1 Reading: March 19, 2003 ND PASSED 2 & FINAL READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Bill 66: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates revenues of $31,333 from Federal Grants – Civil Defense Domestic Equipment Program; appropriates same to Civil Defense Domestic Equipment Program.} Re: Comm. 155 Intr. by: Mr. Chung st 1 Reading: March 19, 2003 ND PASSED 2 & FINAL READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 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. 177: CLAIM AGAINST THE COUNTY BY PACIFIC RENT-ALL From Deputy Corporation Counsel Michael S. Kagami, dated March 18, 2003. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 181: SCOTT BOSCH CLAIM AGAINST THE COUNTY From Deputy Corporation Counsel Michael S. Kagami, dated March 19, 2003. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Hawai‘i County Council-9 Page 10 April 2, 2003 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, APRIL 15, 2003 COMMITTEES TBA COUNCILROOM WEDNESDAY, APRIL 16, 2003 COUNCIL 9:00 a.m. COUNCILROOM MONDAY, APRIL 21, 2003 PLANNING COMMITTEE 9:00 a.m. COUNCILROOM WORKSHOP RE. BILL 163 (GENERAL PLAN - DELIBERATION ON THE AGRICULTURAL LAND USE SECTIONS) PUBLIC WORKS & INTER- 4:00 p.m. PIHA HOMESTEADS, N. HILO GOVERNMENTAL RELATIONS COMMITTEE SITE VISIT RE. RES. 41-03 STATEMENTS FROM THE PUBLIC ADJOURNMENT 11:39 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 March 31, 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, April 9, 2003, at 6 p.m.; Sunday, April 13, 2003, at 10:30 a.m.; and Wednesday, April 16, 2003, at 6 p.m.