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HomeMy WebLinkAboutAGE COUNCIL 10/08/2003 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 21 st Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, October 8, 2003 9:00 a.m. INVOCATION Stewart Hussey, President, The Christian Science Church CALL TO ORDER 9:11 a.m. ROLL CALL All present except Council Member Jacobson PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-21 Page 2 October 8, 2003 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 349: APPOINTMENT OF COUNCIL MEMBER GARY SAFARIK TO THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS From Chair Leningrad Elarionoff, Committee on Public Works and Intergovernmental Relations, dated September 16, 2003, requesting confirmation of the above appointment. Waived: PWIRC CONFIRMED APPOINTMENT STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 94-03: Authorizes the receipt and expenditure of state funding appropriated by the state legislature pursuant to Act 3, Special Session Laws of Hawai‘i 2003, for the establishment of an adolescent treatment center and for community anti-drug efforts on the Island of Hawai‘i. {The adolescent treatment center treats poly-drug abuse; the anti-drug efforts are aimed at preventing crystal methamphetamine use.} Re: Comm. 323 Intr. by: Mr. Chung Approved: FC-128 Deferred: September 17, 2003 \[Note: There is a pending motion by Mr. Safarik and duly seconded by Mr. Reynolds to adopt Resolution 94-03.\] ADOPTED 7 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, and Chairman Arakaki 1 NO: Council Member Tyler 1 ABSENT & EXCUSED: Council Member Jacobson Res. 97-03: Requests that the Department of Public Works, the Planning Department, the Office of the Corporation Counsel and the Legislative Auditor's Office form a multi-agency task force to develop a roads-in-limbo policy. Re: Comm. 332 Intr. by: Mr. Elarionoff and Mr. Safarik Approved: PWIRC-28 Hawai‘i County Council-21 Page 3 October 8, 2003 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Jacobson Res. 98-03: Authorizes the acceptance of a monetary donation of Eighteen Thousand Dollars ($18,000) from the Daniel R. Sayre Memorial Fund to the Hawai‘i County Fire Department. {Funds to be used for the purchase of rescue and fire equipment.} Re: Comm. 334 Intr. by: Mr. Chung Approved: FC-130 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Jacobson Res. 99-03: 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 Community Policing Grant. {Funds to be used to purchase three digital cameras to increase the effectiveness and professionalism of the Community Policing Officers in Kona.} Re: Comm. 335 Intr. by: Mr. Chung Approved: FC-132 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Jacobson Res. 100-03: Authorizes the Office of the Mayor to enter into an agreement with the United States of America, pursuant to HRS 46-7, for a Public Health Preparedness and Response from Bioterrorism Grant. {Funds to be used by the Hawai‘i County Fire Department to purchase a fully-equipped trailer configured for use as a medical response unit to mass casualty incidents resulting from weapons of mass destruction or natural disaster.} Re: Comm. 336 Intr. by: Mr. Chung Hawai‘i County Council-21 Page 4 October 8, 2003 Approved: FC-134 ADOPTED 7 AYES: Council Members Chung, Elarionoff, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Holschuh and Jacobson Res. 101-03: Creates a Housing and Community Development Specialist IV position and a Housing and Community Development Specialist III position for the Office of Housing and Community Development. {These positions are needed to develop and implement two new programs, the Family Self-Sufficiency and the Homeownership, both in connection with the Section 8 Existing Housing Program.} Re: Comm. 337 Intr. by: Mr. Chung Approved: FC-135 ADOPTED 7 AYES: Council Members Chung, Elarionoff, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Holschuh and Jacobson Res. 102-03: 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 Click It or Ticket Program grant. {The program's goal is to reduce the number of vehicle collision fatalities and injuries to front and rear seat occupants, aged 17 and under, by increasing seatbelt usage rate of youth and teens.} Re: Comm. 338 Intr. by: Mr. Chung Approved: FC-136 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Jacobson Hawai‘i County Council-21 Page 5 October 8, 2003 Res. 103-03: 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 Traffic Investigation Program grant. {The program's goal is to increase the quality of alcohol- and speed-related traffic fatality investigations by providing training and equipment to Hawai‘i County police officers.} Re: Comm. 339 Intr. by: Mr. Chung Approved: FC-138 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Jacobson Res. 105-03: Transfers/appropriates an appropriation out and from the designated fund account(s) and crediting same to a designated fund account(s). {Transfers $325,000 out and from Contingency Relief; appropriates $100,000 to Office of Management – Other Current Expenses and $225,000 to Cost of Sale – Hamakua Land, for a total of $325,000.} Re: Comm. 341 Intr. by: Mr. Chung Approved: FC-140 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Jacobson Res. 111-03: Repeals Resolution No. 05-02, appointing Members of the Committee on Planning, and designates the Chair and Vice Chair thereof. Re: Comm. 363 Intr. by: Mr. Arakaki Waived: FC ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Jacobson Hawai‘i County Council-21 Page 6 October 8, 2003 Res. 112-03: Repeals Resolution No. 06-02, appointing Members of the Committee on Public Works and Intergovernmental Relations, and designates the Chair and Vice Chair thereof. Re: Comm. 363 Intr. by: Mr. Arakaki Waived: FC ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Jacobson Res. 113-03: Repeals Resolution No. 07-02, appointing Members of the Committee on Parks and Environmental Management, and designates the Chair and Vice Chair thereof. Re: Comm. 363 Intr. by: Mr. Arakaki Waived: FC ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Jacobson BILLS FOR ORDINANCES (FIRST READING) Bill 139 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 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.}; and Re: Comm. 323.3 Intr. by: Mr. Chung Approved: FC-129 Deferred: September 17, 2003 Comm. 323.4: From Finance Director William Takaba, dated September 4, 2003, transmitting Bill 139, Draft 3. {Draft 3 replaces the revenue base account numbers 3303.29 (Adolescent Treatment Center) and 3303.30 (Community Anti-Drug Efforts) with the proper state grants base account numbers 3305.34 (Adolescent Treatment Center) and 3305.35 (Community Anti-Drug Efforts), respectively.}; and Hawai‘i County Council-21 Page 7 October 8, 2003 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; and Comm. 323.6: From Managing Director, Dixie Kaetsu, dated September 15, 2003, requesting deferral of Bill 139. ST PASSED 1 READING 7 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, and Chairman Arakaki 1 NO: Council Member Tyler 1 ABSENT & EXCUSED: Council Member Jacobson 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.}; and Re: Comm. 330 Intr. by: Mr. Elarionoff Approved: PWIRC-29 Comm. 330.3: From Beverly Ann McCall, Principal, Waiakeawaena School, dated September 18, 2003; and Comm. 330.4: From Danielle Spain, PTA President, Waiakeawaena Elementary School, dated September 18, 2003. ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson 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 Approved: PWIRC-27 ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson 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.} Hawai‘i County Council-21 Page 8 October 8, 2003 Re: Comm. 334 Intr. by: Mr. Chung Approved: FC-131 ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson 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 Approved: FC-133 ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson 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 Approved: FC-137 ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson 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 Approved: FC-139 Hawai‘i County Council-21 Page 9 October 8, 2003 PASSED 1 ST READING 7 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson 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) Approved: PC-57 ST PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson 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) Approved: PC-58 ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Jacobson 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 Waived: FC ST PASSED 1 READING 6 AYES: Council Members Elarionoff, Holschuh, Reynolds, Hawai‘i County Council-21 Page 10 October 8, 2003 Tulang, Tyler, and Chairman Arakaki NOES: None 3 ABSENT & EXCUSED: Council Members Chung, Jacobson, and Safarik 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.}; and Re: Comm. 361 Intr. by: Mr. Holschuh Waived: PWIRC Comm. 361.1: From Edwin Castillo, Jr., Chairman, Hamakua Safety Council, dated September 24, 2003; and Comm. 361.2: From Natalie Gonsalves, Principal, Honoka‘a Elementary School, dated September 29, 2003. ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Jacobson ORDER OF THE DAY (SECOND OR FINAL READING) Bill 133: Amends Chapter 24 of the Hawai‘i County Code 1983 (1995 edition) relating to Vehicles and Traffic. {Deletes existing mid-block crosswalk on Mamalahoa Highway in front of Central Kona Union Church.}; and Re: Comm. 304 Intr. by: Mr. Elarionoff Deferred: September 4, 2003 st 1 Reading: September 17, 2003 ND PASSED 2 & FINAL READING 6 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, and Chairman Arakaki 1 NO: Council Member Tyler 2 ABSENT & EXCUSED: Council Members Chung and Jacobson Hawai‘i County Council-21 Page 11 October 8, 2003 Bill 136 Amends Ordinance No. 97-65 which amended Ordinance No. 92-123, which (Draft 3): changed the district classification from Agricultural (A-20a) to Agricultural (A-1a) at Ola‘a, Puna, Hawai‘i, covered by Tax Map Key 1-7-17:3 (approx. 45.945 acres). {Kapoho Properties, applicant.} Re: Comm. 309.3 Intr. by: Mr. Arakaki st 1 Reading: September 17, 2003 ND PASSED 2 & FINAL READING 6 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, and Chairman Arakaki 1 NO: Council Member Tyler 2 ABSENT & EXCUSED: Council Members Chung and Jacobson Bill 137: Amends Section 15-68.1, Hawai‘i County Code, Parks and Recreational Facility Schedule-Parks, Kohala, by renaming the Samuel M. Spencer Beach Park "Spencer Park at ‘Ōhai‘ula Beach" and the pavilion at ‘Ōhai‘ula "Samuel Mahuka Spencer Pavilion." Re: Comm. 315 Intr. by: Mr. Elarionoff st 1 Reading: September 17, 2003 ND PASSED 2 & FINAL READING 7 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson Bill 138: 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 ($10,000); appropriates same to Hawai‘i Island Methamphetamine Summit – Private ($10,000).} Re: Comm. 322 Intr. by: Mr. Chung st 1 Reading: September 17, 2003 ND PASSED 2 & FINAL READING 7 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson Hawai‘i County Council-21 Page 12 October 8, 2003 REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: month ended July 31, 2003. APPROVED FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT:month ended August 31, 2003. 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. 40.3: WILLIAM SILVA, ET AL., V. COUNTY OF HAWAI‘I, ET AL., CIVIL NO. 97-622 From Corporation Counsel Lincoln S. T. Ashida, dated September 19, 2003. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 283.1: GUY B. SHEPARD V. JOHN DOES 1-10, CIVIL NO. 02-1-0368 From Deputy Corporation Counsel Joseph K. Kamelamela, dated September 29, 2003. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 362: WALTER JOHN KELLY, ET AL., V. 1250 OCEANSIDE PARTNERS, ET AL., CIV. NO. 00-1-0192K From Corporation Counsel Lincoln S. T. Ashida, dated September 29, 2003. FILED OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, OCTOBER 21, 2003 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, OCTOBER 22, 2003 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, NOVEMBER 4, 2003 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, NOVEMBER 5, 2003 COUNCIL 9:00 a.m. COUNCIL ROOM Hawai‘i County Council-21 Page 13 October 8, 2003 STATEMENTS FROM THE PUBLIC ADJOURNMENT4:08 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 6, 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 15, 2003, at 6 p.m.; Sunday, October 19, 2003, at 10:30 a.m.; and Wednesday, October 22, 2003, at 6 p.m.