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.