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Home My WebLink AboutAGE COUNCIL 11/19/2003 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 24 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, November 19, 2003 9:00 a.m. INVOCATION Reverend Tatsuo Muneto of Honpa Hongwanji Hilo Betsuin CALL TO ORDER 9:15 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-24 Page 2 November 19, 2003 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 413: PROPOSED LEGISLATIVE ITEMS FOR INCLUSION IN THE 2004 HSAC LEGISLATIVE PACKAGE Submits for consideration and approval the following legislative items for inclusion in the 2004 Legislative Package, which relates to the following: authority to implement a retail sales tax, affordable housing fast-tracking applications, increasing the highway beautification fee, driver's license renewal fee for DUI-convicted drivers, cancellation of no-fault insurance coverage, and fines and forfeitures collected for uncontested traffic infractions. Waived: PWIRC APPROVED STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 95-03: Accepts the Dedication of a 3.994 Acre Parcel and a 3.923 Acre Parcel, More or Less (for Park Purposes) from Machado Acres Association, Situated at Waiākea, South Hilo, County and State of Hawai‘i, Tax Map Key (3) 2-4-060-001 & (3) 2-4-029-028, Lots 33 and 45 to the County of Hawai‘i. {This dedication fulfills Condition "B" of the Machado Acres Subdivision Rezoning Ordinance 98-102, which required the dedication of these park areas to the County.} Re: Comm. 324 Intr. by: Mr. Safarik Approved: PEMC-8 ADOPTED 8 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, and Chairman Arakaki 1 NO: Council Member Tyler ABSENT & EXCUSED: None Hawai‘i County Council-24 Page 3 November 19, 2003 Res. 119-03: Authorizes the Abandonment, Exchange, and Sale of a Portion of the Old Pāhoa-Kalapana Road to Loran Lee (Portion of Tax Map Key:(3)1-3-001). Re: Comm. 377 Intr. by: Mr. Safarik Approved: PWIRC-30 ADOPTED 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Res. 120-03: Authorizes the Grant of Easement for Underground Fiber Optic Conduits Within the County of Hawai‘i Rights-of-Way. {Sandwich Isles Communication, Inc., agrees to provide Department of Hawaiian Home Lands properties with modern high-speed fiber optic cable service through private funding and the U.S. Department of Agriculture's rural utility service program.} Re: Comm. 384 Intr. by: Mr. Safarik Approved: PWIRC-32 ADOPTED 8 AYES: Council Members Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Chung Res. 121-03: Authorizes the Acceptance of Twenty Thousand Three Hundred Ninety Nine and 55/100 Dollars ($20,399.55) from the Ka‘ohe North Road Association for Basic Grubbing and Gravel Topping Improvements to Ka‘ohe North Road, Waiakahiula, District of Puna, County of Hawai‘i. {Covers the estimated costs for the Department of Public Works for basic repairs necessary to restore the road to usability as an unpaved public access road and provides public legal access to portions of the Ka‘ohe Homesteads.} Re: Comm. 387 Intr. by: Mr. Safarik Approved: FC-165 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-24 Page 4 November 19, 2003 Res. 122-03: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Crediting Same to a Designated Fund Account(s). {Transfers $23,000 out and from Landfills Equipment; appropriates same to Landfills Salaries & Wages. Funds will be used to fill an unfunded Equipment Operator III position for the Solid Waste Division in Kona, reducing overtime and workload of the existing employees at the site.} Re: Comm. 392 Intr. by: Mr. Chung Approved: FC-167 ADOPTED 7 AYES: Council Members Elarionoff, Holschuh, Jacobson, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Reynolds Res. 123-03: Creates a Resource Center Coordinator (Temporary) Position and a Resource Center Specialist (Temporary) Position for the Hawai‘i County Resource Center. {Positions to staff the Hawai‘i County Resource Center (HCRC), a program that develops island-wide communication network between communities and government agencies and provides training and technical assistance in areas of community meetings as well as grant writing.} Re: Comm. 393 Intr. by: Mr. Chung Approved: FC-168 ADOPTED 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None ABSENT & EXCUSED: None Hawai‘i County Council-24 Page 5 November 19, 2003 BILLS FOR ORDINANCES (FIRST READING) Bill 159: Amends the State Land Use Boundaries Map, H-66 for the County of Hawai‘i, by Changing the District Classification from the Agricultural to the Urban District at Kea‘au, Puna, Hawai‘i, Covered by Tax Map Key 1-6-3:Por. 99. {Approx. 14.901 acres; Puna Sugar Mill, LLC, applicant.} Re: Comm. 370 Intr. by: Mr. Elarionoff Approved: PC-60 ST AMENDED TO DRAFT 2 & PASSED 1 READING 7 AYES: Council Members Chung, Elarionoff, Holschuh, Reynolds, Safarik, Tulang, and Chairman Arakaki 2 NOES: Council Members Jacobson and Tyler ABSENT & EXCUSED: None Bill 160: Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Agricultural (A-20a) to Limited Industrial (ML-20) and Agricultural (A-5a) at Kea‘au, Puna, Hawai‘i, Covered by Tax Map Key 1-6-3:99. {Parcel "A," approx. 14.901 acres and Parcel "B," approx. 8.724 acres; Puna Sugar Mill, LLC, applicant.} Re: Comm. 370 Intr. by: Mr. Elarionoff Approved: PC-61 ST AMENDED TO DRAFT 3 & PASSED 1 READING 6 AYES: Council Members Elarionoff, Holschuh, Reynolds, Safarik, Tulang, and Chairman Arakaki 2 NOES: Council Members Jacobson and Tyler 1 ABSENT & EXCUSED: Council Member Chung Hawai‘i County Council-24 Page 6 November 19, 2003 Bill 164 Amends Ordinance No. 91-91, Which Changed the District Classification st (Draft 2): from Agricultural (A-1a) to Village Commercial (CV-1a) at Holualoa 1 and nd 2, North Kona, Hawai‘i, Covered by Tax Map Key 7-6-8:Portion of 5 (Formerly Tax Map Key 7-6-8:Portion of 10). {Approx. 1 acre; Pua‘anui Partnership, applicant.} Re: Comm. 374.1 Intr. by: Mr. Elarionoff Approved: PC-62 ST AMENDED TO DRAFT 3 & 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 165: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by Changing the District Classification from Agricultural (A-5a) to Family Agricultural (FA-2a) st at O‘oma 1, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-7:40 and 41. {Approx. 42.793 acres; James and Mihoko Malian, applicant.} Re: Comm. 375 Intr. by: Mr. Tyler Approved: PC-63 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 166: Amends Chapter 24 of the Hawai‘i County Code 1983 (1995 Edition) Relating to Vehicles and Traffic. {Adds Lanikāula Street/Manono Street traffic signal system.} Re: Comm. 380 Intr. by: Mr. Safarik Approved: PWIRC-31 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-24 Page 7 November 19, 2003 Bill 167: 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. {Reappropriates lapsed 1988-92, 1992-94, 1994-96, 1996-98, 1998-2000, and 2000-02 fuel tax district appropriations to the following districts: Circle Island ($143,399.01), Puna ($125,000.88), South Hilo ($18,771.57), North Hilo ($694.81), Hāmākua ($12,248.29), South Kohala ($20,000.00), North Kona ($1,014,691.85), Ka‘ū ($49,466.98), and TEA Projects ($1,235,005.68), for a total of $2,619,279.07; funds to be provided from Capital Projects Fund: Fund Balance – Fuel Tax Increase 88-92 ($119,743.67), Fund Balance – Fuel Tax Increase 92-94 ($860.62), Fund Balance – Fuel Tax Increase 94-96 ($290,956.64), Fund Balance – Fuel Tax Increase 96-98 ($766,283.58), Fund Balance – Fuel Tax Increase 98-00 ($4,998.34), and Fund Balance – Fuel Tax Increase 00-02 ($1,436,436.22), for a total of $2,619,279.07.} Re: Comm. 382 Intr. by: Mr. Chung Approved: FC-163 2/3 Vote: Section 10-6(d), Hawai‘i County Charter 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 168: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2004. {Approporiates revenues in Fund Balance from Prior Year – Reserved ($385,458.35); appropriates same to Transfer to Capital Project Fund.} Re: Comm. 383 Intr. by: Mr. Chung Approved: FC-164 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-24 Page 8 November 19, 2003 Bill 171: 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 PUBLIC WORKS: Ka‘ohe Homestead North Road Improvement – Private ($20,399.55); funds to be provided from Private Contributions ($20,399.55).} Re: Comm. 387 Intr. by: Mr. Safarik Approved: FC-166 2/3 Vote: Section 10-6(d), Hawai‘i County Charter 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 172: Amends Chapter 24 of the Hawai‘i County Code 1983 (1995 Edition) Relating to Vehicles and Traffic. {Adjusts parking prohibition times located on the Puna side of Waianuenue Avenue between the Hilo Terrace Apartments and Takata Dental Health Center.} Re: Comm. 388 Intr. by: Mr. Safarik Approved: PWIRC-33 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 173 Amends Ordinance No. 97-49, Which Reclassified Lands From Open (Draft 2): (O) to Resort – Hotel (V-2a) at Anaehoomalu, South Kohala, Hawai‘i, Covered by Tax Map Key 6-9-7:15. {Approx. 9.643 acres; The Bay Club Ownership, Inc., applicant.} Re: Comm. 391.1 Intr. by: Mr. Elarionoff Approved: PC-64 ST AMENDED TO DRAFT 3 & 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-24 Page 9 November 19, 2003 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 98 Amends Chapter 2, Article 19, of the Hawai‘i County Code 1983 (1995 (Draft 2) Edition) Relating to Real Property Disposition. (2001): Re: Comm. 347 Intr. by: Mr. Tyler st 1 Reading: November 5, 2003 ND PASSED 2 & FINAL READING 7 AYES: Council Members Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Council Members Chung and Holschuh Bill 155: 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 ENVIRONMENTAL MANAGEMENT: Kalaniana‘ole Interceptor Sewer Rehabilitation – SRF ($1,000,000); funds to be provided from State Revolving Funds (SRF) ($1,000,000).} Re: Comm. 360 Intr. by: Mr. Chung st 1 Reading: November 5, 2003 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 8 AYES: Council Members Chung, Elarionoff, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Council Member Holschuh Hawai‘i County Council-24 Page 10 November 19, 2003 Bill 158: Amends Ordinance No. 03-91, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2004. {Appropriates revenues in Federal Grants – Community Emergency Response Team (CERT) ($30,000); appropriates same to Community Emergency Response Team (CERT).} Re: Comm. 368 Intr. by: Mr. Chung st 1 Reading: November 5, 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 161: 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 ($1,500); appropriates same to Fire Protection – Other Current Expenses.} Re: Comm. 371 Intr. by: Mr. Chung st 1 Reading: November 5, 2003 ND PASSED 2 & FINAL READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None ABSENT & EXCUSED: None Bill 162: 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 Nutrition Program ($40,000); appropriates same to Nutrition Program – Equipment.} Re: Comm. 372 Intr. by: Mr. Chung st 1 Reading: November 5, 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-24 Page 11 November 19, 2003 Bill 163: 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 Previous Year ($987,900); appropriates same to Transfer to Capital Projects Fund.} Re: Comm. 373 Intr. by: Mr. Chung st 1 Reading: November 5, 2003 ND PASSED 2 & FINAL READING 9 AYES: Council Members Chung, Elarionoff, Holschuh, Jacobson, Reynolds, Safarik, Tulang, Tyler, and Chairman Arakaki NOES: None ABSENT & EXCUSED: 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. 36.3: KEALOHA M. J. WELLS, ET AL., V. MARK FARIAS, ET AL., CIVIL NO. 02-1-0149K From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 21, 2003. Deferred: November 5, 2003 CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 399: MARTIN BERGER ON BEHALF OF AYLA ROCAFORT – CLAIM AGAINST THE COUNTY OF HAWAI‘I From Deputy Corporation Counsel Michael S. Kagami, dated October 21, 2003. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 403: WENDELL TANGARO V. JOSEPH BOTELHO, ET AL., CIVIL NO. 03-00211 DAE/LEK From Deputy Corporation Counsel Harry P. Freitas, dated October 31, 2003. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Hawai‘i County Council-24 Page 12 November 19, 2003 Comm. 409: SAMUEL CARVALHO, SR., V. SHANE SALIS, ET AL., CIVIL NO. 03-00243 SOM/BMK From Deputy Corporation Counsel Harry P. Freitas, dated November 5, 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, DECEMBER 2, 2003 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, DECEMBER 3, 2003 COUNCIL 9:00 a.m. OHANA KEAUHOU BEACH RESORT TUESDAY, DECEMBER 16, 2003 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, DECEMBER 17, 2003 COUNCIL 9:00 a.m. COUNCIL ROOM THURSDAY, DECEMBER 18, 2003 PLANNING COMMITTEE 9:00 a.m. COUNCIL ROOM WORKSHOP RE GENERAL PLAN STATEMENTS FROM THE PUBLIC ADJOURNMENT3:53 p.m . Hawai‘i County Council-24 Page 13 November 19, 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 November 17, 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, November 26, 2003, at 6 p.m.; Sunday, November 30, 2003, at 10:30 a.m.; and Wednesday, December 3, 2003, at 6 p.m.