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HomeMy WebLinkAboutAGE COUNCIL 01/23/2003 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 4 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Thursday, January 23, 2003 9:00 a.m. INVOCATION Pastor Dan De Luz, Jr., of Thy Word Ministries CALL TO ORDER 9:08 a.m. ROLL CALL All present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES December 18, 2002 - approved as amended (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-4 Page 2 January 23, 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. 17-03: Authorizes the acceptance of funds ($1,064,332.16) from T-Mobile (TM) Wireless Services, Inc., pursuant to Article XIII, Section 13-12, Hawai‘i County Charter, for the payment of the costs of construction of a replacement radio system for the Hawai‘i County Police Department. Re: Comm. 29 Intr. by: Mr. Safarik Approved: FC-33 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Res. 21-03: 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 an Alcohol Reconstructionist Grant. {Funds will be used to hire a traffic crash reconstruction expert, who will assist in at least twelve fatal collision investigations. The information gained from the expert will be used to improve the County Police Department’s submittal to the Department of Transportation’s Fatal Analysis Reporting System.} Re: Comm. 51 Intr. by: Mr. Chung Approved: FC-17 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-4 Page 3 January 23, 2003 Res. 23-03: 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 Drinking/Driving Community Education Campaign Grant. {Funds will be used by the Police Department for office supplies, office space rental, and travel expenses. The goal of this project is to reduce DUI related crashes, injuries, arrests, and citations in the District of Ka‘u.} Re: Comm. 60 Intr. by: Mr. Chung Approved: FC-21 ADOPTED 7 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Safarik Res. 24-03: 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 Project Impact Grant. {Funds will be used by the Police Department to purchase equipment and supplies to educate the community on the IMPACT (Incorporating Measures to Prevent Alcohol Consumption by Teens) program. The purpose of this program is to reduce alcohol consumption by youths and to increase awareness by parents, youths, and the community.} Re: Comm. 61 Intr. by: Mr. Chung Approved: FC-23 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-4 Page 4 January 23, 2003 Res. 25-03: 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 an Equipment/Training Program Grant for the Hawai‘i County Police Department. {Funds will be used to purchase equipment to improve the quality of alcohol and speed related fatal traffic crash investigations, thus improving the quality of the investigations and increasing conviction rates of prosecuted drivers. Re: Comm. 62 Intr. by: Mr. Chung Approved: FC-25 ADOPTED 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Res. 26-03: 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 Crossing Guard Training Grant. {Funds will be used by the Police Department to conduct training sessions on pedestrian safety for school crossing guards in 20 school zones.} Re: Comm. 63 Intr. by: Mr. Chung Approved: FC-27 ADOPTED 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Res. 27-03: Accepts the dedication of Parcel 14 from Keauhou Investment Company and Kona nd Coast Properties, Ltd., situate at Pāhoehoe 2, North Kona, County and State of Hawai‘i, Tax Map Keys:(3)7-7-008-021 (portion), to the County of Hawai‘i for the Kahului-Keauhou Parkway. Re: Comm. 64 Intr. by: Mr. Elarionoff Approved: PWIRC-8 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-4 Page 5 January 23, 2003 Res. 28-03: Sets forth the goals and policies of the County of Hawai‘i on the subject of solid waste reduction and diversion from the landfills. {Sets a County goal of 50 percent diversion of solid waste from any landfill within five years and 80 percent diversion within ten years.} Re: Comm. 65 Intr. by: Mr. Safarik Approved: PEMC-1 AMENDED TO DRAFT 2 & ADOPTED (DRAFT 2 WAS CIRCULATED AT THE MEETING) 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Res. 29-03: 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 an Under 21 Surveillance Grant. {Funds will be used by the Police Department to purchase a surveillance camera for use by the Juvenile Aid Section to videotape illegal activities by teenagers and young adults for use in prosecution, in intelligence, and in public education projects.} Re: Comm. 66 Intr. by: Mr. Chung Approved: FC-29 ADOPTED 6 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Reynolds, Safarik and Chairman Arakaki 1 NO: Councilmember Tyler 2 ABSENT & EXCUSED: Councilmembers Chung and Leithead-Todd Res. 30-03: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for a multi-year contract for services of scrap metal and vehicle disposal. {A ten-year contract period is requested.}; Re: Comm. 68 Intr. by: Mr. Chung Approved: FC-32 and Comm. 68.1: From Environmental Management Director Barbara Bell, dated January 8, 2003. ADOPTED 8 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Leithead-Todd Hawai‘i County Council-4 Page 6 January 23, 2003 Res. 33-03: 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 Kealoha M. J. Wells, et al. vs. Mark Farias, et al., Civil No. 02-1-0149K. Re: Comm. 91 Intr. by: Mr. Chung Waived: FC ADOPTED 5 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds and Chairman Arakaki 4 NOES: Councilmembers Chung, Jacobson, Safarik and Tyler BILLS FOR ORDINANCES (FIRST READING) Res. 31-03: Authorizes the acquisition of private property by eminent domain, being a portion of Tax Map Key:(3)8-1-007:045, situate at Onouli 2 and Keōpuka, South Kona, County and State of Hawai‘i, for the development and construction of a bypass highway between the vicinity of Keauhou and Captain Cook, Kona, Hawai‘i. {Note: This measure requires two readings.} Re: Comm. 72 Intr. by: Mr. Chung (B/R) Approved: PWIRC-9 ST AMENDED TO DRAFT 2 & PASSED 1 READING (DRAFT 2 WAS CIRCULATED AT THE MEETING) 6 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik and Chairman Arakaki 2 NOES: Councilmembers Jacobson and Tyler 1 ABSENT & EXCUSED: Councilmember Chung Bill 2: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by deleting the proposed 80-foot Kāwili Street right-of-way between Kino‘ole Street and Kīlauea Avenue at Waiākea, South Hilo, Hawai‘i, covered by Tax Map Plats 2-2-26 and 2-2-38. {Planning Director, Initiator.} Re: Comm. 17 Intr. by: Ms. Leithead-Todd (B/R) Approved: PC-2 Deferred: January 8, 2003 DEFERRED Hawai‘i County Council-4 Page 7 January 23, 2003 Bill 3: Amends Section 25-8-5 (Kailua Urban Zone Map) Article 8, Chapter 25 (Zoning (Draft 3) Code) of the Hawai‘i County Code, by changing the district classification from Single st Family Residential (RS-10) to Multiple Family Residential (RM-4) at Waiaha 1, North Kona, Hawai‘i, covered by Tax Map Key 7-5-18:8 (Approx. 18.946 acres). {Sunstone Realty Partners X, LLC, Applicant.}; Re: Comm. 18.3 Intr. by: Ms. Leithead-Todd Approved: PC-3 and Comm. 18.4: From Josephine Keliipio, dated January 14, 2003; and Comm. 18.5: From Frank Akau, dated January 12, 2003; and Comm. 18.6: From Glen Matsumoto, dated January 12, 2003; and Comm. 18.7: From Drake E. Locke, (undated); and Comm. 18.8: From Gilbert M. Meyer, dated January 9, 2003. ST AMENDED TO DRAFT 5 & PASSED 1 READING (DRAFT 4 WAS CIRCULATED AT THE MEETING) 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 13: 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 POLICE – Microwave Relocation – Private – T-Mobile ($1,064,332.16); funds to be provided from Private Contributions ($1,064,332.16).} Re: Comm. 29 Intr. by: Mr. Safarik Approved: FC-34 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-4 Page 8 January 23, 2003 Bill 19: Amends Section 25-8-3 (North Kona District Zone Map), Article 8, Chapter 25 (Draft 2) (Zoning Code) of the Hawai‘i County Code, by changing the district classification from Limited Industrial (ML-1a) to Industrial-Commercial Mixed Use (MCX-1a) at Kaloko, North Kona, Hawai‘i, covered by Tax Map Key Nos. 7-3-51:66, 67, 68 and 69 (Approx. 4.38 acres). {Kaloko Development, Inc., Applicant.} Re: Comm. 47.1 Intr. by: Ms. Leithead-Todd Approved: PC-5 ST PASSED 1 READING 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 20: 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 $24,000 from Federal Grants – Alcohol Reconstructionist; appropriates same to Alcohol Reconstructionist.} Re: Comm. 51 Intr. by: Mr. Chung Approved: FC-18 ST PASSED 1 READING 7 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Leithead-Todd Bill 21: 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 $6,338 from Commercial Driver License (CDL) Program Income; appropriates same to Commercial Driver License Program Equipment.} Re: Comm. 52 Intr. by: Mr. Chung Approved: FC-19 ST PASSED 1 READING 7 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Leithead-Todd Hawai‘i County Council-4 Page 9 January 23, 2003 Bill 22: 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 $32,650 from Federal Grants – Sobriety Checkpoint Expansion; appropriates same to Sobriety Checkpoint.} Re: Comm. 53 Intr. by: Mr. Chung Approved: FC-20 ST PASSED 1 READING 7 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Leithead-Todd Bill 24: Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning (Draft 2) Code) of the Hawai‘i County Code, by changing the district classification from Open (O) and Agricultural (A-1a) to Agricultural (A-5a) at Kapoho and Halekamahina, Puna, Hawai‘i, covered by Tax Map Key 1-4-73:3. (Approx. 5.006 acres). {Rose Marie Nathewitch & Samuel Hostetter, Jr., Applicants.} Re: Comm. 58.1 Intr. by: Ms. Leithead-Todd Approved: PC-6 ST PASSED 1 READING 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 25: Amends the State Land Use Boundaries Map, H-59 for the County of Hawai‘i by changing the district classification from the Agricultural to the Rural District at Manowai‘ōpae Homesteads, North Hilo, Hawai‘i, covered by Tax Map Key 3-5-4:77. {Karl & Rita Nobriga, Applicants.} Re: Comm. 59 Intr. by: Ms. Leithead-Todd Approved: PC-7 ST PASSED 1 READING 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-4 Page 10 January 23, 2003 Bill 26: Amends Section 25-8-19 (North Hilo District Zone Map), Article 8, Chapter 25 (Draft 3) (Zoning Code) of the Hawai‘i County Code, by changing the district classification from Agricultural (A-20a) to Residential and Agricultural (RA-1a) at Manowai‘ōpae Homesteads, North Hilo, Hawai‘i, covered by Tax Map Key 3-5-4:77 (Approx. 3.80 acres). {Karl & Rita Nobriga, Applicants.} Re: Comm. 59.2 Intr. by: Ms. Leithead-Todd Approved: PC-8 ST AMENDED TO DRAFT 4 & PASSED 1 READING 7 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Reynolds Bill 27: 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 $3,000 from Federal Grants – Drinking/Driving Community Education Campaign; appropriates same to Drinking/Driving Community Education.} Re: Comm. 60 Intr. by: Mr. Chung Approved: FC-22 ST PASSED 1 READING 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 28: 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 $4,340 from Federal Grants – Project Incorporating Measures to Prevent Alcohol Consumption by Teens (IMPACT); appropriates same to Project IMPACT.} Re: Comm. 61 Intr. by: Mr. Chung Approved: FC-24 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-4 Page 11 January 23, 2003 Bill 29: 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 $6,245 from Federal Grants – Equipment/Training Program; appropriates same to Equipment/Training Program.} Re: Comm. 62 Intr. by: Mr. Chung Approved: FC-26 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Bill 30: 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 $792 from Federal Grants – Crossing Guard Training; appropriates same to Crossing Guard Training.} Re: Comm. 63 Intr. by: Mr. Chung Approved: FC-28 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Bill 31: 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 $5,995 from Federal Grants – Under 21 Surveillance; appropriates same to Under 21 Surveillance.} Re: Comm. 66 Intr. by: Mr. Chung Approved: FC-30 ST PASSED 1 READING 8 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Arakaki 1 NO: Councilmember Tyler Hawai‘i County Council-4 Page 12 January 23, 2003 Bill 32: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition), relating to (Draft 2) Vehicles and Traffic Fee Schedule. {Increases the annual fee for abandoned vehicle portion of the vehicle registration from $4 to $12. Proceeds from this fee are allocated for the towing, removal, disposal and recycling of abandoned or discarded automobiles and automobile parts.} Re: Comm. 67.1 Intr. by: Mr. Chung (B/R) Approved: FC-31 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Bill 46: 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 – Pahoa Village Resource Park ($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. 106 Intr. by: Mr. Safarik Waived: FC 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 16: Authorizes the issuance of up to $21,000,000 of General Obligation Bonds of the County of Hawai‘i for the 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 authorizes 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; Re: Comm. 37 Intr. by: Mr. Chung Approved: FC-16 2/3 Vote: Rule 12(a), Council Rules of Procedure and Hawai‘i County Council-4 Page 13 January 23, 2003 (Note: At the January 7, 2003, Finance Committee meeting, the Committee recommended the adoption of Bill 16, as amended to Draft 2, by authorizing the issuance of $14 million in general obligation bonds for three capital improvement projects \[Kahului-Keauhou Parkway, ADA Ramp Compliance Project, and ADA Parks Facilities Compliance Project\]. However, Mr. Chung, in Communication 37.2, informs that Legislative Auditor Connie Kiriu recommends a replacement bill be considered to eliminate potential legal issues cited in Corporation Counsel’s Opinion 97-04 relating to changing the title of a bill. The replacement Bill 45 is listed below. Therefore, it is recommended that Bill 16 and accompanying Finance Committee Report 16 be filed.) Comm. 37.2: From Finance Committee Chair Aaron S. Y. Chung, dated January 9, 2003, transmitting Bill 45; and Bill 45: Authorizes the issuance of General Obligation Bonds of the County of Hawai‘i for the 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 $14,000,000 in general obligation bonds be expended on the Kahului-Keauhou Parkway, ADA Ramp Compliance Project, and ADA Parks Facilities Compliance Project.}; Intr. by: Mr. Chung (B/R) Waived: FC 2/3 Vote: Rule 12(a), Council Rules of Procedure and Comm. 37.3: From Councilmember Gary Safarik, dated January 13, 2003, requesting an additional $1,250,000 in bonds for the Pahoa Village Resource Park. FILED BILL 16 ST AMENDED BILL 45 TO DRAFT 2 & PASSED 1 READING 8 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Arakaki 1 NO: Councilmember Tyler Hawai‘i County Council-4 Page 14 January 23, 2003 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 262: Amends Chapter 24 of the Hawai‘i County Code 1983 (1995 Edition), relating to (2002) Vehicles and Traffic, to establish parking zones at the Aupuni Center. {Includes the new eight-hour parking meter zone at the Aupuni Center parking lot fronting Kīlauea Avenue, at the rate of 25 cents per two hours, and includes the new two-hour parking areas at the Aupuni Center along the northwest (Pauahi Street) and southwest (Kīlauea Avenue) sides of the Aupuni Center Building.} Re: Comm. 756 Intr. by: Mr. Elarionoff st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 1: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by deleting a portion of the proposed 120-foot Saddle Road right-of-way between Kaūmana Estates Subdivision and Kaūmana City Subdivision at Kaūmana and Ponahawai, South Hilo, Hawai‘i, covered by Tax Map Plats 2-5-1, 2-5-2, 2-5-3, 2-5-55 and 2-6-62. {Planning Director, Initiator.} Re: Comm. 16 Intr. by: Ms. Leithead-Todd (B/R) st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 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-4 Page 15 January 23, 2003 Bill 4: Amends Section 25-8-23 (Volcano - Mt. View Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by changing the district classification from Single Family Residential (RS-20) to Village Commercial (CV-20) at ‘Ōla‘a, Puna, Hawai‘i, covered by Tax Map Key 1-9-4:Portion of 14 (Approximately 1.416 acres). {Maurice Thomas, Applicant.}. Re: Comm. 19 Intr. by: Ms. Leithead-Todd st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 6 AYES: Councilmembers Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik and Chairman Arakaki 3 NOES: Councilmembers Chung, Jacobson and Tyler Bill 5: 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 $4,000 from Periodic Motor Vehicle Inspection Program; appropriates same to Periodic Motor Vehicle Inspection Program Equipment.} Re: Comm. 20 Intr. by: Mr. Chung st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Bill 6: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition) relating to Vehicles and Traffic. {Adds the Mohouli Street Extension to the appropriate 35 and 45 mph sections. The amendment conforms to the approved Mohouli Street Extension project construction plans and specifications for Federal Aid Project No. STP-2790(1).} Re: Comm. 22 Intr. by: Mr. Elarionoff st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 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-4 Page 16 January 23, 2003 Bill 7: 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 – Bridge Inspection and Appraisals Project ($52,000); funds to be provided from Federal Grants Receivables ($52,000).} Re: Comm. 23 Intr. by: Mr. Chung st 1 Reading: January 8, 2003 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 8: 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 $75,000 from State Grants – Greetings Program; appropriates same to Greeting Program.} Re: Comm. 24 Intr. by: Mr. Chung st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 9: 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 $1,500 from Federal Grants – Sex Assault Nurse Coordinator; appropriates same to Sex Assault Nurse Coordinator.} Re: Comm. 25 Intr. by: Mr. Chung st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Hawai‘i County Council-4 Page 17 January 23, 2003 Bill 10: 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 and appropriates revenues of $6,240 from State Grants – Local Emergency Planning Committee and $24,960 from Federal Grants – Local Emergency Planning Committee, for a total of $31,200; appropriates $31,200 to Local Emergency Planning Committee.} Re: Comm. 26 Intr. by: Mr. Chung st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 11: 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 $103,550 from Federal Grants – Juvenile Delinquency Prevention; appropriates same to Juvenile Delinquency Prevention.} Re: Comm. 27 Intr. by: Mr. Chung st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 12: 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 $150,000 from Federal Grants - Community Oriented Policing Services Technology; appropriates same to Community Oriented Policing Services Technology.} Re: Comm. 28 Intr. by: Mr. Safarik st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 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-4 Page 18 January 23, 2003 Bill 14: 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 $163,000 from Fund Balance from Previous Year; appropriates $15,000 to Clerical Services Center Salaries & Wages, $80,000 to Real Property Tax - Other Current Expense, $10,000 to Collective Bargaining Expense, $10,000 to Health and Safety Other Current Expense, $23,000 to Police Administration Division - Other Current Expense, and $25,000 to Mooheau Bus Terminal, for a total of $163,000.} Re: Comm. 30 Intr. by: Mr. Chung st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 15: 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 $34,000 from Federal Grants - Victim Services Coordinator; appropriates same to Victim Services Coordinator.} Re: Comm. 31 Intr. by: Mr. Chung st 1 Reading: January 8, 2003 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Bill 23: 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 POLICE – Microwave Relocation – Private ($1,492,350); funds to be provided from Private Contributions ($1,492,350).} Re: Comm. 54 Intr. by: Mr. Safarik st 1 Reading: January 8, 2003 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler and Chairman Arakaki NOES: None Hawai‘i County Council-4 Page 19 January 23, 2003 REPORTS PWIRC Rept. 7 Recommends the appointment of Bruce C. McClure as County of Hawai‘i Director of (C-41): Public Works. 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. 95: CLAIM AGAINST THE COUNTY BY CYRIL KANEMITSU From Deputy Corporation Counsel Michael S. Kagami, dated January 7, 2003. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 107: CAZIMERO V. COUNTY OF HAWAI‘I, ET AL., CIVIL NO. 00-1-0384 From Deputy Corporation Counsel Joseph K. Kamelamela, dated January 14, 2003. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 109: CLAIM AGAINST THE COUNTY BY JOELY MARZAN From Deputy Corporation Counsel Michael S. Kagami, dated January 15, 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.) ANNOUNCEMENTS TUESDAY, FEBRUARY 4, 2003 COMMITTEES TBA COUNCILROOM WEDNESDAY, FEBRUARY 5, 2003 COUNCIL 9:00 a.m. COUNCILROOM MONDAY, FEBRUARY 10, 2003 PLANNING COMMITTEE 9:00 a.m. COUNCILROOM WORKSHOP (GENERAL PLAN) PUBLIC WORKS & INTER- 6:00 p.m. COUNCILROOM GOVERNMENTAL RELATIONS COMMITTEE WORKSHOP (SIGN CODE) Hawai‘i County Council-4 Page 20 January 23, 2003 TUESDAY, FEBRUARY 11, 2003 PUBLIC WORKS & INTER- 6:00 p.m. KEALAKEHE INTERMEDIATE GOVERNMENTAL RELATIONS SCHOOL CAFETERIA COMMITTEE WORKSHOP (SIGN CODE) STATEMENTS FROM THE PUBLIC ADJOURNMENT 6:35 p.m. (Note: B/R, as listed next to the name of an Introducer, signifies that the Councilmember 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 January 21, 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, January 29, 2003, at 6 p.m.; Sunday, February 2, 2003, at 10:30 a.m.; and Wednesday, February 5, 2003, at 6 p.m.