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.