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HomeMy WebLinkAboutAGE COUNCIL 06/18/2003 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 14 th Session ORDER OF BUSINESS Hawai‘i County Council Ohana Keauhou Beach Resort Room Kahalu‘u I 78-6740 Ali‘i Drive Kailua-Kona, Hawai‘i Wednesday, June 18, 2003 9:00 a.m. INVOCATION Senior Pastor James "Tex" Texeira of Solid Rock Ministries CALL TO ORDER 9:00 a.m. ROLL CALL All present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES May 7, 2003 – approved as amended (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-14 Page 2 June 18, 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. 75-03: Supports the Healthy Hawai‘i Prescription Drug Program; (Draft 3) Re: Comm. 243.3 Intr. by: Mr. Jacobson No Recommendation: HSEDC-4 and Comm. 243.2: Opening remarks by Senator Ron Menor at an informational briefing regarding the Healthy Hawai‘i Prescription Drug Program. ADOPTED 9 AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None Res. 77-03: Authorizes the acceptance of a donation of a karaoke system to the Department of Parks and Recreation’s Elderly Activities Division. {This donation is made by Ms. Sadame Watanabe and has an estimated value of $1,135.} Re: Comm. 253 Intr. by: Mr. Safarik Approved: FC-106 ADOPTED 9 AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None Res. 78-03: Authorizes the Director of Finance to quitclaim a portion of the County's interest, and to grant a right-of-entry to a portion of Kula‘imano Homestead Road, identified as Parcels 1 (Rev. 1) and 4 (Rev. 1), containing areas of approximately 1,600 and 1,200 square feet respectively, between Tax Map Key Plats: (3)2-8-016 and 2-8-020, and Plats (3)2-8-016 and 2-8-019 respectively, to the State of Hawai‘i. {Authorizes the transfer of a portion of the County road for a proposed highway project to the State of Hawai‘i, Department of Transportation (widening the Hawai‘i Belt Road and Kula‘imano Road intersection).}; Re: Comm. 254 Intr. by: Mr. Elarionoff Approved: PWIRC-22 and Hawai‘i County Council-14 Page 3 June 18, 2003 Comm. 254.1: From Cynthia Okinaka, dated June 3, 2003; and Comm. 254.2: From Rodney K. Haraga, Director, Department of Transportation, State of Hawai‘i, dated April 16, 2003. ADOPTED 9 AYES: Council Members Arakaki, Chung, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None BILLS FOR ORDINANCES (FIRST READING) Bill 260: Amends Chapter 14 (General Welfare) of the Hawai‘i County Code 1983 (Draft 3) (1995 Edition), as amended, relating to Smoking in Certain Places in the County of Hawai‘i; Re: Comm. 13.89 Intr. by: Mr. Holschuh Approved: HSEDC-3 and Comm. 13.87: Petition submitted by Sam’s Hideaway, dated May 12, 2003; and Comm. 13.88: Petition submitted by the Kona Elks Lodge, dated May 13, 2003; and Comm. 13.90: From Tracie Yoshimoto, East Hawai‘i Coordinator, and Chris Dein-Gaughen, West Hawai‘i Coordinator, Hawai‘i Island Tobacco-Free Partnership, dated May 14, 2003; and Comm. 13.91: From Cynthia Mac Donald, dated May 7, 2003; and Comm. 13.92: From Bob and Leilani S. Hino, dated May 15, 2003; and Comm. 13.93: From Janet Snyder, dated May 6, 2003; and Comm. 13.94: From Joseph W. Cherner, President, Smoke Free Educational Services, Inc., dated May 15, 2003; and Comm. 13.95: From Lani Kay Mench-Ka‘awaloa, dated May 21, 2003; and Comm. 13.97: From Nancy Jane Lawrence, dated May 30, 2003; and Comm. 13.98: From Joan M. Greco-Hiranaka, D.D.S., President, Hawai‘i County Dental Society, dated May 29, 2003; and Comm. 13.99: From Ma’rye Cawagas; and Comm. 13.100: From Mayor Harry Kim, dated May 23, 2003; and Comm. 13.101: From Diane Stone Leaf, dated June 2, 2003; and Comm. 13.102: From Annette LaBonte, dated June 3, 2003; and Comm. 13.103: From A. Stephen Woo, Jr., M.D., dated June 4, 2003; and Comm. 13.104: From Hannah Hedrick, National Emphysema/COPD Association, dated May 28, 2003; and Comm. 13.105: From Council Member Fred C. Holschuh, M.D.; and Comm. 13.106: From Council Member Fred C. Holschuh, M.D.; and Comm. 13.107: From Hank Roberts, dated June 5, 2003; and Comm. 13.108: From Council Chair James Y. Arakaki, dated June 6, 2003, transmitting Bill 260, Draft 4; and Bill 260: Amends Chapter 14 (General Welfare) of the Hawai‘i County Code 1983 (Draft 4) (1995 Edition), as amended, relating to Smoking in Certain Places in the County of Hawai‘i. {Amendments in this bill are intended to address concerns raised by the Mayor. The proposed changes relate to: insertion of a definition of “enclosed or partially enclosed areas”; the practicality and safety of prohibiting smoking within 15 Hawai‘i County Council-14 Page 4 June 18, 2003 feet from an enclosed area; removal of a limit on hotel rooms which could be set aside for smoking; permitting smoking in separate open air sections of restaurants; exempting bars; and permitting smoking in portions of private residences used for childcare, adult day care or health care facilities, which are not open to patients or clients, or in houses divided to separate the clients’ and owners’ areas.}; and Comm. 13.109: From Diane Stone Leaf, dated June 6, 2003. ST AMENDED TO DRAFT 5 & PASSED 1 READING 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Tyler 2 NOES: Council Members Arakaki and Chung 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 Approved: PC-40 ST PASSED 1 READING 7 AYES: Council Members Arakaki, Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson 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 Approved: PC-41 ST PASSED 1 READING 7 AYES: Council Members Arakaki, Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson Hawai‘i County Council-14 Page 5 June 18, 2003 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 Approved: PC-42 8 AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None 1 ABSENT & EXCUSED: Council Member Chung 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 Approved: PC-43 ST PASSED 1 READING 7 AYES: Council Members Arakaki, Elarionoff, Holschuh, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Jacobson ORDER OF THE DAY (SECOND OR FINAL READING) Bill 36: Amends Chapter 20, of the Hawai‘i County Code 1983 (1995 Edition), relating to (Draft 5) Refuse Fee Schedule. {Draft 5 amends Section 20-46(c) relating to Disposal Fees and reflects the increase to the residential hauler’s credit}; Re: Comm. 75.13 Intr. By: Mr. Safarik st 1 Reading: May 7, 2003 Deferred: May 21, 2003 and Comm. 75.14: From Environmental Management Director Barbara Bell, dated May 12, 2003, transmitting Bill 36, Draft 6; and Bill 36: Amends Chapter 20, of the Hawai‘i County Code 1983 (1995 Edition), relating to (Draft 6) Refuse Fee Schedule. {Draft 6 amends Section 20-46(c) relating to Disposal Fees and further refines and clarifies how the residential hauler’s credit is determined and audited.}; and Comm. 75.15: From Environmental Management Director Barbara Bell, dated June 6, 2003, transmitting Bill 36, Draft 7; and Hawai‘i County Council-14 Page 6 June 18, 2003 Bill 36: Amends Chapter 20, of the Hawai‘i County Code 1983 (1995 Edition), relating to (Draft 7) Refuse Fee Schedule. {Draft 7 addresses four issues: collection of receivables and application of credits; privacy of records; simplification of address requirements; and an annual analysis of Solid Wastewater Division expenses.}; and Comm. 75.16: From Michael Christensen, Kona Refuse Inc./Mr. Rubbishman, dated May 21, 2003. (NOTE: There are pending motions by Mr. Safarik and duly seconded by Ms. Leithead-Todd to (1) approve Bill 36, Draft 5, and (2) to amend Bill 36, Draft 5, with proposed Bill 36, Draft 6.) ND AMENDED TO DRAFT 8 & PASSED 2 & FINAL READING 8 AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 101: Amends Chapter 19, of the Hawai‘i County Code 1983 (1995 Edition), relating to Real (Draft 3) Property Taxes, by clarifying native forest dedications. {Draft 3 amends Section 19-59(b)(1) and Section 19-59(d). These amendments are intended to accommodate smaller lot sizes and owners who wish to have homesites.} Re: Comm. 221.7 Intr. by: Mr. Chung st 1 Reading: June 4, 2003 ND AMENDED TO DRAFT 4 & PASSED 2 & FINAL READING 8 AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 107: Amends Chapter 2, Article 24 of the Hawai‘i County Code 1983 (1995 Edition) relating to the Service Charge assessed for payment to the County that is subsequently dishonored. {Allows the County of Hawai‘i to charge $20 for each returned check or other negotiable instrument, instead of the current $7.50 service charge; also, to amend the section to allow the fee to be charged for all dishonored payments.} Re: Comm. 244 Intr. by: Mr. Chung st 1 Reading: June 4, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None 1 ABSENT & EXCUSED: Council Member Chung Hawai‘i County Council-14 Page 7 June 18, 2003 Bill 108: Amends Chapter 2, Article 18 of the Hawai‘i County Code 1983 (1995 Edition), relating to Uncollectible Accounts. {Removal of the time frame will allow the County to better reflect the true accounts receivable balances and collection efforts will continue and will not be hampered.} Re: Comm. 245 Intr. by: Mr. Chung st 1 Reading: June 4, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 113: 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 $2,255,783 from Federal Grants – Workforce Investment Act 2003; appropriates same to Workforce Investment Act – Administration Planning 2003/04 ($225,577), Workforce Investment Act – Adult Program 2003-04 ($720,715), Workforce Investment Act – Dislocated Worker Program 2003-04 ($563,227), and Workforce Investment Act – Youth Program 2003-04 ($746,264) for a total of $2,255,783.} Re: Comm. 252 Intr. by: Mr. Safarik st 1 Reading: June 4, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None 1 ABSENT & EXCUSED: Council Member Chung Bill 114: 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 $45,300 from Occupant Protection Program; appropriates same to Occupant Protection Program.} Re: Comm. 256 Intr. by: Mr. Chung st 1 Reading: June 4, 2003 ND PASSED 2 & FINAL READING 8 AYES: Council Members Arakaki, Elarionoff, Holschuh, Jacobson, Leithead-Todd, Reynolds, Safarik and Chairman Tyler NOES: None 1 ABSENT & EXCUSED: Council Member Chung Hawai‘i County Council-14 Page 8 June 18, 2003 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. 261: ARBITRATION CONCERNING HILO MUNICIPAL GOLF COURSE EMPLOYEES. From Corporation Counsel Lincoln S. T. Ashida, dated June 2, 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, JULY 1, 2003 COMMITTEES TBA COUNCILROOM WEDNESDAY, JULY 2, 2003 COUNCIL 9:00 a.m. COUNCILROOM TUESDAY, JULY 22, 2003 COMMITTEES TBA COUNCILROOM WEDNESDAY, JULY 23, 2003 COUNCIL 9:00 a.m. COUNCILROOM Hawai‘i County Council-14 Page 9 June 18, 2003 STATEMENTS FROM THE PUBLIC ADJOURNMENT 6:55 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 June 16, 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, June 25, 2003, at 6 p.m.; Sunday, June 29, 2003, at 10:30 a.m.; and Wednesday, July 2, 2003, at 6 p.m.