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Home My WebLink AboutAGE COUNCIL 08/20/2003 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 COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 18 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, August 20, 2003 9:00 a.m. INVOCATION Reverend Doris Jean McNabb of the First United Protestant Church CALL TO ORDER 9:08 a.m. ROLL CALL All Present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-18 Page 2 August 20, 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. 86-03: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for three (3) truck tractors. {The Department of Environmental Management, Solid Waste Division, wishes to enter into a five-year lease with purchase options for these tractors.} Re: Comm. 288 Intr. by: Mr. Chung Approved: FC-119 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None Res. 87-03: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for eleven (11) refuse trailers. {The Department of Environmental Management, Solid Waste Division, wishes to enter into a five-year lease contract with purchase options for these trailers.} Re: Comm. 289 Intr. by: Mr. Chung Approved: FC-120 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None Res. 90-03: Authorizes the abandonment and sale of a portion of the Alenaio Street right- of-way to Ballard Mortuary. {Ballard Mortuary agrees to purchase the road right-of-way, which is less than 2,500 sq. ft in size, for $3,006.55.} Re: Comm. 295 Intr. by: Mr. Elarionoff Approved: PWIRC-24 and Comm. 295.1 From Assistant Corporation Counsel Gerald Takase, dated August 5, 2003, transmitting Resolution 90-03, Draft 2; and Res. 90-03 Authorizes the abandonment and sale of a portion of the Alenaio Lane NOES: Hawai‘i County Council-18 Page 3 August 20, 2003 (Draft 2): right-of-way to Ballard Mortuary. {Reference to "Alenaio Street" has been changed to "Alenaio Lane."} ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None Res. 91-03: Authorizes the acceptance of an Automatic External Defibrillator (AED) to the Hawai‘i County Council from Dr. and Mrs. Earl Bakken and is valued at $3,313.00. {The Lifepak 500 AED will be utilized by the County Fire Department personnel in the Hawai‘i County Building.} Re: Comm. 305 Intr. by: Mr. Holschuh Waived: FC ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None BILLS FOR ORDINANCES (FIRST READING) Bill 127: 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 of $15,000 in the Glass Recycling Program; appropriates same to Glass Recycling Program.} Re: Comm. 287 Intr. by: Mr. Chung Approved: FC-118 ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None Bill 129: Amends the State Land Use Boundaries Map, H-7 for the County of Hawai‘i, by changing the district classification from the Agricultural to the Rural District at Kohanaiki, North Kona, Hawai‘i, covered by Tax Map Key 7-3-19:21 & 30 (approx. 7.315 acres). {Clifford Kabumoto, applicant.} Re: Comm. 291 Intr. by: Ms. Leithead-Todd Approved: PC-52 ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. Hawai‘i County Council-18 Page 4 August 20, 2003 NOES: None Bill 130 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 Residential and Agricultural (RA-1a) at Kohanaiki, North Kona, Hawai‘i, covered by Tax Map Key 7-3-19:21 & 30 (approx. 7.315 acres). {Clifford Kabumoto, applicant.} Re: Comm. 291.1 Intr. by: Mr. Tyler Approved: PC-53 ST PASSED 1 READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None ORDER OF THE DAY (SECOND OR FINAL READING) Bill 121 Amends Section 25-8-12 (Kawaihae-Puako Zone Map), Article 8, Chapter (Draft 2): 25 (Zoning Code) of the Hawai‘i County Code, by changing the district classification from Resort (V-1.25) to Single-Family Residential (RS-10) at Waimea, Lalamilo, South Kohala, Hawai‘i, covered by Tax Map Key 6-9-3:15 (approx. 20,660 sq. ft.). {Gregory Mooers, applicant.} Re: Comm. 277.2 Intr. by: Mr. Tyler st 1 Reading: August 6, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None Bill 122: Amends the State Land Use Boundaries Map, H-14 for the County of Hawai‘i, by changing the district classification from the Agricultural to the Rural district at Ouli, South Kohala, Hawai‘i, covered by Tax Map Key 6-2-11:19 (approx. 5 acres). {Gregory R. Mooers, applicant.} Re: Comm. 278 Intr. by: Ms. Leithead-Todd st 1 Reading: August 6, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None Hawai‘i County Council-18 Page 5 August 20, 2003 Bill 123: Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawai‘i, covered by Tax Map Key 6-2-11:19 (approx. 5 acres). {Gregory R. Mooers, applicant.} Re: Comm. 278 Intr. by: Ms. Leithead-Todd st 1 Reading: August 6, 2003 ND PASSED 2 & FINAL READING 7 AYES: Council Members Chung, Elarionoff, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None 1 ABSENT & EXCUSED: Council Member Holschuh Bill 124: Amends the State Land Use Boundaries Map, H-25 for the County of Hawai‘i, by changing the district classification from the Agricultural to the Rural District at Ouli, South Kohala, Hawai‘i, covered by Tax Map Key 6-2-11:13 (approx. 6.366 acres). {Howard Rodgers, applicant.} Re: Comm. 280 Intr. by: Ms. Leithead-Todd st 1 Reading: August 6, 2003 ND PASSED 2 & FINAL READING 7 AYES: Council Members Chung, Elarionoff, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None 1 ABSENT & EXCUSED: Council Member Holschuh Bill 125: Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawai‘i, covered by Tax Map Key 6-2-11:13 (approx. 6.366 acres). {Howard Rodgers, applicant.} Re: Comm. 280 Intr. by: Ms. Leithead-Todd st 1 Reading: August 6, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None Hawai‘i County Council-18 Page 6 August 20, 2003 Bill 126: Amends Ordinance No. 03-49 of the County of Hawai‘i adopted on March 25, 2003, relating to the issuance of general obligation bonds. {Amends the 2003 A General Obligation Bond (GOB) Ordinance No. 03-49, to include reference to Ordinance No. 03-90, the Capital Improvement Program (CIP) Budget for fiscal year 2003-04, in which certain projects mentioned in the GOB ordinance were appropriated.} Re: Comm. 281 Intr. by: Mr. Chung st 1 Reading: August 6, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None REPORTS REFERRALS FOR EXECUTIVE SESSION (The purpose of the meeting is to consult with Corporation Counsel relating to matters involving potential County liability, as authorized by Sections 92-4 and 92-5, HRS. Note: 2/3 Vote - Pursuant to §92-4, HRS, and Rule 12 of Rules of Procedure of the County Council.) Comm. 306: AMANTIAD V. AMUIMUIA, COUNTY OF HAWAI‘I, ET AL., CIVIL NO. 02-1-0258 From Deputy Corporation Counsel Harry P. Freitas, dated August 4, 2003 CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 310: BROADWELL V. WAIKOLOA VILLAGE ASSN., ET AL., CIVIL NO. 02-1-0197 From Deputy Corporation Counsel Harry P. Freitas, dated August 6, 2003 CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Hawai‘i County Council-18 Page 7 August 20, 2003 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 313: NOMINATION AND VOTING PROCEDURE REGARDING COUNTY COUNCIL VACANCY FOR SECOND COUNCIL DISTRICT From County Clerk Al Konishi, dated August 10, 2003, transmitting a proposed "Nomination and Voting Procedure" to fill the vacancy on the County Council (Second Council District). Attaches a copy of a letter from Council Chair James Arakaki notifying Council Members of the vacancy pursuant to Sec. 3-4, Art. III, Hawai‘i County Charter. APPROVE NOMINATION AND VOTING PROCEDURE RECOMMENDATIONS, AS AMENDED 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tyler, and Chairman Arakaki. NOES: None ABSENT & EXCUSED: Council Member Chung ANNOUNCEMENTS WEDNESDAY, SEPTEMBER 3, 2003 COMMITTEES TBA COUNCIL ROOM THURSDAY, SEPTEMBER 4, 2003 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, SEPTEMBER 16, 2003 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, SEPTEMBER 17, 2003 COUNCIL 9:00 a.m. OHANA KEAUHOU BEACH RESORT STATEMENTS FROM THE PUBLIC ADJOURNMENT12:40 p.m. Hawai‘i County Council-18 Page 8 August 20, 2003 (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 August 18, 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, August 27, 2003, at 6 p.m.; Sunday, August 31, 2003, at 10:30 a.m.; and Wednesday, September 3, 2003, at 6 p.m.