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Home My WebLink AboutAGE COUNCIL 07/02/2003 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 15 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, July 2, 2003 9:00 a.m. INVOCATION Pastor Paul McIlroy of the Kea‘au Bible Church CALL TO ORDER 9:09 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-15 Page 2 July 2, 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 BILLS FOR ORDINANCES (FIRST READING) Bill 47: Amends Chapter 25, of the Hawai‘i County Code 1983 (1995 Edition), relating to (Draft 3) Zoning (Permitted Uses in the Industrial Commercial Mixed Use (MCX) District). Re: Comm. 114.2 Intr. by: Ms. Leithead-Todd Approved: PC-44 st PASSED 1 READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler, and Chair Arakaki NOES: None ABSENT & EXCUSED: None Bill 116: 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 ‘Ōuli, South Kohala, Hawai‘I, covered by Tax Map Key 6-2-9:9. {Erwin L. Baldwin, Applicant.} {Revises Ordinance 03-70 (Bill 71) which was effective on May 13, 2003. A portion of the description (Number 3) was inadvertently not printed in the approved ordinance.} Re: Comm. 168.1 Intr. By: Ms. Leithead-Todd Waived: PC st PASSED 1 READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik, Tyler, and Chair Arakaki NOES: None ABSENT & EXCUSED: None ORDER OF THE DAY (SECOND OR FINAL READING) Bill 260: Amends Chapter 14 (General Welfare) of the Hawai‘i County Code 1983 (Draft 5) (1995 Edition), as amended, relating to Smoking in Certain Places in the County of Hawai‘i. {Draft 5 amendments relate to: the insertion of a definition of “enclosed and partially enclosed” (Section 14-20(a)(6)); the deletion of the extra word “restroom” (Section 14-21(a)(4)); the banning of smoking in taxicabs (Section 14-21(a)(11)); the deletion of the 20% provision (Section 14-22(a)(2)); and several other minor Hawai‘i County Council-15 Page 3 July 2, 2003 corrections.}; Re: Comm. 13.129 Intr. by: Mr. Holschuh st 1Reading: June 18, 2003 BILL 260, DRAFT 5, AS AMENDED WITH DRAFT 6, AS FURTHER AMENDED, HELD OVER TO NEXT MEETING (all related communications filed; Draft 7 failed) And Comm. 13.111: From 18 individual postcards, as listed; and Comm. 13.112: From Carrie Kuwada, dated June 18, 2003; and Comm. 13.113: From Chris Dein-Gaughen, Coalition Coordinator, Hawai‘i Island Tobacco-Free Partnership, West Hawai‘i Unit (11 individual postcards); and Comm. 13.114: From Steven I. Hironaka, General Manager, Nihon Restaurant, dated June 17, 2003; and Comm. 13.115: From Chris Dein-Gaughen, Coalition Coordinator, Hawai‘i Island Tobacco-Free Partnership, West Hawai‘i Unit (121 individual postcards); and Comm. 13.116: From Kevin Kunz, M.D., M.P.H., FASM, dated June 17, 2003; and Comm. 13.117: From JoAnn Sato; and Comm. 13.118: From Tara Nakano, dated June 17, 2003; and Comm. 13.119: From Sally Ancheta, Hawai‘i Island Coordinator, American Lung Association of Hawai‘i, dated June 17, 2003; and Comm. 13.120: From Mary Huebner; and Comm. 13.121: From Bernie Lustgarten; and Comm. 13.122: From Pam Kalauli, dated June 17, 2003; and Comm. 13.123 From A. Stephen Woo, Jr., M.D., dated June 18, 2003; and Comm. 13.124: From Donna Chalmers, Executive Director, American Cancer Society, East Hawai‘i Unit, dated June 17, 2003; and Comm. 13.125: Petition containing 29 signatures; and Comm. 13.126: From Tracie Yoshimoto, Coordinator, Hawai‘i Island Tobacco-Free Partnership, East Hawai‘i Unit, dated June 19, 2003; and Comm. 13.127: From Clifford Chang, Director, Coalition for a Tobacco Free Hawai‘i, dated June 20, 2003; and Comm. 13.128: From Marlin and Maggie Ebert, dated June 22, 2003; and Comm. 13.130: From Council Member Bobby Jean Leithead-Todd, dated June 21, 2003, transmitting Bill 260, Draft 6; and Bill 260: Amends Chapter 14 (General Welfare) of the Hawai‘i County Code 1983 (Draft 6) (1995 Edition), as amended, relating to Smoking in Certain Places in the County of Hawai‘i. {Draft 6 amendments relate to: allow smoking in owner’s areas where clients and patients are not allowed during the hours the care facility is in operation (Section 14-21(a)(12)); the removal of the 15-foot provision (Section 14-21(a)(13)); and an amendment to correspond to the amendment made in Section 14-2(a)(12) (Section 14-22(a)(1)).}; And Comm. 13.131: From Kimberly M. K. Kekaula, dated June 2003; and Hawai‘i County Council-15 Page 4 July 2, 2003 Comm. 13.132: From Lani Mench-Ka‘awaloa, Alibi Tavern, Inc., dated June 19, 2003; and Comm. 13.133: From Marjorie F. Hirokawa and Chris Kanemitsu. Bill 109: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2) Code) of the Hawai‘i County Code, by changing the district classification from Single Family Residential (RS-10) to Industrial-Commercial Mixed (MCX-20) at Waiākea, South Hilo, Hawai‘i, covered by Tax Map Key 2-2-50:14 (Approx. 22,500 sq. ft.). {I. Kitagawa & Co., Ltd., Applicant.} Re: Comm. 248.3 Intr. by: Ms. Leithead-Todd st 1Reading: June 18, 2003 nd PASSED 2 AND FINAL READING 6 AYES: Council Members Elarionoff, Jacobson, Leithead-Todd, Reynolds, Safarik, and Chair Tyler NOES: None 3 ABSENT & EXCUSED: Council Members Arakaki, Chung, and Holschuh Bill 110: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning (Draft 2) Code) of the Hawai‘i County Code, by changing the district classification from Single Family Residential (RS-10) to Industrial-Commercial Mixed (MCX-20) at Waiākea, South Hilo, Hawai‘i, covered by Tax Map Key 2-2-50:37 and 38 (Approx. 45,000 sq. ft.). {HAKS, Inc., Applicant.} Re: Comm. 249.2 Intr. by: Ms. Leithead-Todd st 1Reading: June 18, 2003 nd PASSED 2 AND FINAL READING 6 AYES: Council Members Elarionoff, Jacobson, Leithead-Todd, Reynolds, Safarik, and Chair Tyler NOES: None 3 ABSENT & EXCUSED: Council Members Arakaki, Chung, and Holschuh Bill 111: Amends Ordinance No. 91-38, which reclassified lands from Single Family Residential (RS-10) to Limited Industrial (ML-10) at Waiākea, South Hilo, Hawai‘i, covered by Tax Map Key 2-2-35:31 (Approx. 11,450 sq. ft.). {Hirayama Brothers Electrical, Inc., Applicant.} Re: Comm. 250 Intr. By: Ms. Leithead-Todd st 1Reading: June 18, 2003 nd PASSED 2 AND FINAL READING 6 AYES: Council Members Elarionoff, Jacobson, Leithead-Todd, Reynolds, Safarik, and Chair Tyler Hawai‘i County Council-15 Page 5 July 2, 2003 NOES: None 3 ABSENT & EXCUSED: Council Members Arakaki, Chung, and Holschuh Bill 112: Amends Ordinance No. 00-128 which reclassified lands from Agricultural (A-1a) to Neighborhood Commercial (CN-20) at Keonepoko, Puna, Hawai‘i, covered by Tax Map Key 1-5-07:20 (Approx. 4.901 acres). {Paul Ogasawara, Applicant.} Re: Comm. 251 Intr. by: Ms. Leithead-Todd st 1Reading: June 18, 2003 nd PASSED 2 AND FINAL READING 5 AYES: Council Members Elarionoff, Leithead-Todd, Reynolds, Safarik, and Chair Tyler 1 NO: Council Member Jacobson 3 ABSENT & EXCUSED: Council Members Arakaki, Chung, and Holschuh REPORTS PEMC Rept. 5 Recommends the appointment of Ms. Lorraine M. Stahr to the Hawai‘i County (C-259): Environmental Management Commission. APPROVED FC Rept. 107 Recommends the acceptance of a donation of $500 to the Department of Parks and Recreation th for zoo activities at the Pana‘ewa Rainforest Zoo (by the Kamehameha Schools - 6 Grade (C-263): Faculty and Class, Ms. Lehua Enomoto, Mr. Gary Gray, Mrs. Sheryl Kahue, Mrs. Michele LeBlanc, Mrs. Miki Maeshiro, Mr. Chad Okamura, and Ms. Deede Santiago). APPROVED FINANCIAL Monthly Financial Status Report from the Department of Finance for the month ended REPORT: May 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.) OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, JULY 22, 2003 COMMITTEES TBA COUNCILROOM Hawai‘i County Council-15 Page 6 July 2, 2003 WEDNESDAY, JULY 23, 2003 COUNCIL 9:00 a.m. COUNCILROOM TUESDAY, AUGUST 5, 2003 COMMITTEES TBA COUNCILROOM WEDNESDAY, AUGUST 6, 2003 COUNCIL 9:00 a.m. COUNCILROOM STATEMENTS FROM THE PUBLIC ADJOURNMENT (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 June 30, 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, July 9, 2003, at 6 p.m.; Sunday, July 13, 2003, at 10:30 a.m.; and Wednesday, July 16, 2003, at 6 p.m.