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Home My WebLink AboutAGE COUNCIL 10/22/2003 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 JOE REYNOLDS Vice Chairman GARY SAFARIK MICHAEL C. TULANG COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 22 nd Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, October 22, 2003 9:00 a.m. INVOCATION Reverend Brian Welsh of Haili Church CALL TO ORDER 9:09 a.m. ROLL CALL All present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES July 2, 2003 - APPROVED (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-22 Page 2 October 22, 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. 106-03: Authorizes the acceptance of a monetary donation of $1,000 to the Hawai‘i Police Department. {Funds to be used for the Hawai‘i Island Police Activities League (HI-PAL) program.} Re: Comm. 352 Intr. by: Mr. Chung Approved: FC-142 ADOPTED 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Res. 107-03: Authorizes the acceptance of a monetary donation of $750 to the Hawai‘i County Fire Department. {These funds, donated by Wal-Mart Hilo, to be used toward the purchase of educational materials to be distributed to the public in commemoration of Fire Prevention Week in October and of Emergency Medical Services (EMS) Week in May 2004.} Re: Comm. 353 Intr. by: Mr. Chung Approved: FC-144 ADOPTED 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Hawai‘i County Council-22 Page 3 October 22, 2003 Res. 108-03: Authorizes the acceptance of Nineteen Thousand Dollars ($19,000) from the Hawai‘i Alliance for Community Based Economic Development for the Hawai‘i County Resource Center. {Funds to be used toward administering and operating the Hawai‘i County Resource Center.} Re: Comm. 354 Intr. by: Mr. Chung Approved: FC-146 ADOPTED 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Res. 109-03: Creates three (3) Police Radio Dispatcher III (Temporary) positions for the Hawai‘i County Police Department. {Allows the Department to temporarily compensate employees who take on the added responsibility of providing training and close supervision to entry level dispatchers as well as providing refresher training for newly hired Radio Dispatcher II positions or remedial training as needed.} Re: Comm. 355 Intr. by: Mr. Chung Approved: FC-148 ADOPTED 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Res. 110-03: Authorizes the appropriation and use of prior year funds resulting from the cancellation of a purchase order (for the Parks and Recreation Department). {Re-authorization of $5,344, to be used to purchase materials for other ongoing Friends of the Park projects for this fiscal year.} Re: Comm. 359 Intr. by: Mr. Chung Approved: FC-152 ADOPTED 6 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, and Chairman Arakaki 1 NO: Council Member Tyler 2 ABSENT & EXCUSED: Council Members Chung and Safarik Hawai‘i County Council-22 Page 4 October 22, 2003 Res. 118-03: Reaffirms the policy of homerule and requesting the administration to administer and enforce applicable County laws, including County land use laws, as they apply to new century charter schools. Re: Comm. 376 Intr. by: Mr. Arakaki Waived: PC FILED BILLS FOR ORDINANCES (FIRST READING) Bill 102: Amends Chapter 2, Article 30, Hawai‘i County Code 1983 (1995 edition) relating to Gifts and Donations. {Establishes an orderly process for reviewing donated land proposals, including lava land.} Re: Comm. 223 Intr. by: Mr. Safarik Approved: FC-141 ST AMENDED TO DRAFT 2 & PASSED 1 READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 128: Amends Section 25-8-13 (Puako-Anaehoomalu Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by changing the district classification from Multiple-Family Residential (RM-3) to Single-Family Residential (RS-20) at Waikoloa, South Kohala, Hawai‘i, covered by Tax Map Key 6-8-27:1, 3-7, 9-12, 16-27, and 29-35 (approx. 16.125 acres). {Lot owners within the Champion Ridge at Mauna Lani Subdivision, applicant.} Re: Comm. 290 Intr. by: Ms. Leithead-Todd (B/R) Approved: PC-59 ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Reynolds Hawai‘i County Council-22 Page 5 October 22, 2003 Bill 149: Amends Ordinance No. 03-91, as amended, the operating budget for the County of Hawai‘i for the fiscal year ending June 30, 2004. {Increases revenues in Contribution from Private Source ($1,000); appropriates same to Hawai‘i Island Police Activities League – Other Current Expenses.} Re: Comm. 352 Intr. by: Mr. Chung Approved: FC-143 ST PASSED 1 READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 150: Amends Ordinance No. 03-91, as amended, the operating budget for the County of Hawai‘i for the fiscal year ending June 30, 2004. {Increases revenues in Contribution from Private Source ($750); appropriates same to Fire Protection – Other Current Expenses.} Re: Comm. 353 Intr. by: Mr. Chung Approved: FC-145 ST PASSED 1 READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 151: Amends Ordinance No. 03-91, as amended, the operating budget for the County of Hawai‘i for the fiscal year ending June 30, 2004. {Increases revenues in Contribution from Private Source ($19,000); appropriates same to Hawai‘i County Resource Center.} Re: Comm. 354 Intr. by: Mr. Chung Approved: FC-147 ST PASSED 1 READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Hawai‘i County Council-22 Page 6 October 22, 2003 Bill 152: Amends Ordinance No. 03-91, as amended, the operating budget for the County of Hawai‘i for the fiscal year ending June 30, 2004. {Increases revenues in Fund Balance from Prior Year – Designated ($276,111.98); appropriates same to Hawai‘i Land Partnership ($29.86), Bayview Estates ($23,782.96), Bay Club Waikoloa ($237.54), Moana Vista Properties ($29.53), Kahakai Subdivision ($290.73), Manini‘owali Project ($66,738.60), Pualani Estates Subdivision ($128,319.34), and Ali‘i Cove ($56,683.42), for a total of $276,111.98.} Re: Comm. 356 Intr. by: Mr. Chung Approved: FC-149 ST PASSED 1 READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 153: Amends Ordinance No. 03-90, as amended, relating to public improvements and financing thereof for the fiscal year July 1, 2003 to June 30, 2004. {Adds PARKS & RECREATION - Isaac Hale Beach Park Expansion & Improvement – Federal ($520,824); funds to be provided from Federal Grants Receivable ($520,824).} Re: Comm. 357 Intr. by: Mr. Safarik Approved: FC-150 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ; and Comm. 357.1: From Legislative Auditor Assistant Susan Caseria, dated October 10, 2003, transmitting a revised Financial Impact Statement for Isaac Hale Beach Park. ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Safarik Hawai‘i County Council-22 Page 7 October 22, 2003 Bill 154: Authorizes the Mayor of the County of Hawai‘i to enter into an intergovernmental agreement for a State Water Pollution Control Revolving Fund Loan for wastewater public improvement projects; and authorizing the issuance of $20,000,000 general obligation bonds of the County of Hawai‘i for the purpose of financing qualified wastewater public improvements of the County of Hawai‘i. {Provides that proceeds for up to $20,000,000 in general obligation bonds be expended on the Department of Environmental Management (Kalaniana‘ole Interceptor Sewer Rehabilitation, Kealakehe Sewage Effluent Reuse, Komohana Heights Collector Sewer, Queen Lili‘uokalani Collector Sewer); and Department of Public Works (Replacement of Large Capacity Cesspools).} Re: Comm. 358 Intr. by: Mr. Chung Approved: FC-151 ST PASSED 1 READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung ORDER OF THE DAY (SECOND OR FINAL READING) Bill 139 Amends Ordinance No. 03-91, as amended, the operating budget for the (Draft 3): County of Hawai‘i for the fiscal year ending June 30, 2004. {Increases revenues in Adolescent Treatment Center ($300,000) and Community Anti-Drug Efforts ($100,000), for a total of $400,000; appropriates same to Adolescent Treatment Center and Community Anti-Drug Efforts.} Re: Comm. 323.4 Intr. by: Mr. Chung Deferred: September 17, 2003 st 1 Reading: October 8, 2003 ND PASSED 2 & FINAL READING 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, and Chairman Arakaki 1 NO: Council Member Tyler 1 ABSENT & EXCUSED: Council Member Chung Hawai‘i County Council-22 Page 8 October 22, 2003 Bill 141: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 edition), relating to vehicles and traffic. {Proposals include: new bus stop, delete mid-block crosswalk, and adjust passenger loading zone located on Kilauea Avenue.} Re: Comm. 330 Intr. by: Mr. Elarionoff st 1 Reading: October 8, 2003 ND PASSED 2 & FINAL READING 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Safarik Bill 142: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 edition) relating to vehicles and traffic. {Adds a two-vehicle taxi stand at the pier in Kailua-Kona.} Re: Comm. 331 Intr. by: Mr. Tyler st 1 Reading: October 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 143: Amends Ordinance No. 03-91, as amended, the operating budget for the County of Hawai‘i for the fiscal year ending June 30, 2004. {Increases revenues in Contribution from Private Source ($6,000); appropriates same to Rescue Equipment – Private.} Re: Comm. 334 Intr. by: Mr. Chung st 1 Reading: October 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Hawai‘i County Council-22 Page 9 October 22, 2003 Bill 144: Amends Ordinance No. 03-91, as amended, the operating budget for the County of Hawai‘i for the fiscal year ending June 30, 2004. {Increases revenues in Federal Grants ($900) – Community Policing Grant; appropriates same to Community Policing Grant.} Re: Comm. 335 Intr. by: Mr. Chung st 1 Reading: October 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 145: Amends Ordinance No. 03-91, as amended, the operating budget for the County of Hawai‘i for the fiscal year ending June 30, 2004. {Increases revenues in Federal Grants ($15,444) – Click It or Ticket Program; appropriates same to Click It or Ticket Program.} Re: Comm. 338 Intr. by: Mr. Chung st 1 Reading: October 8, 2003 ; and Comm. 338.1: From Finance Director William Takaba, dated October 13, 2003, transmitting Bill 145, Draft 2. Draft 2 changes the appropriation from $15,444 to 30,888 for the Click It or Ticket Program Grant account; and Bill 145 Amends Ordinance No. 03-91, as amended, the operating budget for the (Draft 2): County of Hawai‘i for the fiscal year ending June 30, 2004. {Increases revenues in Federal Grants ($30,888) – Click It or Ticket Program; appropriates same to Click It or Ticket Program.} ND AMENDED TO DRAFT 2 & PASSED 2 & FINAL READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Hawai‘i County Council-22 Page 10 October 22, 2003 Bill 146: Amends Ordinance No. 03-91, as amended, the operating budget for the County of Hawai‘i for the fiscal year ending June 30, 2004. {Increases revenues in Federal Grants ($15,000) – Traffic Investigation Program; appropriates same to Traffic Investigation Program.} Re: Comm. 339 Intr. by: Mr. Chung st 1 Reading: October 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 147 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 2): (Zoning Code) of the Hawai‘i County Code, by changing the district classification from Agricultural (A-3a) to Family Agricultural (FA-1a) at Kohanaiki, North Kona, Hawai‘i, covered by Tax Map Key 7-3-7:27 & 50 (approx. 53.163 acres). {Hualalai Vistas, LLC, applicant.} Re: Comm. 342.3 Intr. by: Mr. Tyler (B/R) st 1 Reading: October 8, 2003 ND PASSED 2 & FINAL READING 7 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki 1 NO: Council Member Jacobson 1 ABSENT & EXCUSED: Council Member Chung Bill 148 Amends Chapter 14, Article 10, of the Hawai‘i County Code, as (Draft 2): amended, relating to Exceptional Trees. {Designates an ‘Ōhi‘a tree located at Tax Map Key 1-5-1:56, Ka‘ohe Homesteads, Pāhoa, as an "Exceptional Tree" of the County of Hawai‘i.} Re: Comm. 343.2 Intr. by: Mr. Tyler (B/R) st 1 Reading: October 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Hawai‘i County Council-22 Page 11 October 22, 2003 Bill 156: Amends Ordinance No. 03-91, as amended, the operating budget for the County of Hawai‘i for the fiscal year ending June 30, 2004. {Increases revenues in Federal Grants – Bioterror Trailer ($60,000); appropriates same to Bioterror Trailer ($60,000).} Re: Comm. 336.1 Intr. by: Mr. Chung st 1 Reading: October 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 157: Amends Chapter 24 of the Hawai‘i County Code 1983 (1995 edition), relating to Vehicles and Traffic. {Changes hours of one-way traffic to be between 7:00 a.m. and 2:30 p.m. on school days only located on Pakalana Street in Honoka‘a.} Re: Comm. 361 Intr. by: Mr. Holschuh st 1 Reading: October 8, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung 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.) OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawai‘i County Council-22 Page 12 October 22, 2003 ANNOUNCEMENTS MONDAY, NOVEMBER 3, 2003 FINANCE COMMITTEE 3:00 p.m. COUNCIL ROOM WORKSHOP (REAL PROPERTY TAX EXEMPTIONS) TUESDAY, NOVEMBER 4, 2003 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, NOVEMBER 5, 2003 COUNCIL 9:00 a.m. COUNCIL ROOM MONDAY, NOVEMBER 17, 2003 FINANCE COMMITTEE 3:00 p.m. COUNCIL ROOM WORKSHOP (REAL PROPERTY TAX EXEMPTIONS) TUESDAY, NOVEMBER 18, 2003 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, NOVEMBER 19, 2003 COUNCIL 9:00 a.m. COUNCIL ROOM STATEMENTS FROM THE PUBLIC ADJOURNMENT4:35 p.m. (Note: B/R, as listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation “By Request” and on behalf of the requesting party; however, it does not necessarily signify their support of or opposition to the proposal.) The meeting place is accessible for persons with physical disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by October 20, 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, October 29, 2003, at 6 p.m.; Sunday, November 2, 2003, at 10:30 a.m.; and Wednesday, November 5, 2003, at 6 p.m.