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Home My WebLink AboutAGE COUNCIL 11/20/2002 2000-2002 ACTIONS JAMES Y. ARAKAKI AARON S.Y. CHUNG Chairman & Presiding Officer LENINGRAD ELARIONOFF JULIE JACOBSON J. CURTIS TYLER, III BOBBY JEAN LEITHEAD-TODD Vice Chairman NANCY PISICCHIO GARY SAFARIK DOMINIC YAGONG COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 49 Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, November 20, 2002 9:00 a.m. INVOCATION Minister Earl Ikeda of the Puna Hongwanji Mission CALL TO ORDER 9:05 a.m. ROLL CALL All present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES October 23, 2002 – approved as amended (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-49 Page 2 November 20, 2002 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. 238-02: Authorizes the acceptance by the County of Hawai‘i of the Addendum to the Integrated (Draft 3) Solid Waste Management Plan for the County of Hawai‘i; Re: Comm. 730.22 Intr. by: Mr. Yagong Approved: PEMC-21 and Comm. 730.23: From Environmental Management Director Barbara Bell, dated November 12, 2002; and Comm. 730.24: From Environmental Management Director Barbara Bell, dated November 8, 2002; and Comm. 730.25: From Councilmember Dominic Yagong, dated November 8, 2002, transmitting Resolution 238-02, Draft 4; and Res. 238-02: Authorizes the acceptance by the County of Hawai‘i of the Final Draft Update (Draft 4) \[Addendum\] to the Integrated Solid Waste Management Plan for the County of Hawai‘i. {Draft 4 clarifies the title of the resolution, as well as in applicable clauses, by inserting the words “Final Draft”; and deleting the word “Addendum” and replacing it with the word “update”, so it would read as follows: “Final Draft Update to the Integrated Solid Waste Management Plan”.} AMENDED TO DRAFT 5 & ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-49 Page 3 November 20, 2002 Res. 248-02: Authorizes the Office of the Mayor to enter into contract for goods and services Adm. Serv. Office Log No. 03-014 with the Department of Health, State of Hawai‘i, for Erosion and Sediment Control ordinance update and implementation services. {Under a Settlement Agreement between KELLY Plaintiffs, State Department of Health, and the County of Hawai‘i (through its Department of Public Works), the State is required to provide funding of EPA grant funds to the County for its project to update the Grading Ordinance; update Chapter 10 (Erosion and Sedimentation Control); as well as identify, educate, and train in the implementation of best management practices to protect coastal waters, watersheds, and wetlands from soil erosion and sediment loss.} Re: Comm. 758 Intr. by: Mr. Chung Approved: FC-295 ADOPTED 8 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Safarik Res. 253-02: Creates a Signs and Markings Supervisor I position for the Department of Public Works' Traffic Division. {This position is necessary due to the current backlog of work, the increase and ongoing acceptance of road dedications, and the West Hawai‘i operations being initiated. Further, the position will assist in the overall operations of the Traffic Signs and Markings Section and will manage the new West Hawai‘i operations.} Re: Comm. 784 Intr. By: Mr. Chung (B/R) Negative: FC-282 AMENDED TO DRAFT 2 & ADOPTED 7 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Tyler, Yagong and Chairman Arakaki 2 NOES: Councilmembers Chung and Safarik Hawai‘i County Council-49 Page 4 November 20, 2002 Res. 254-02: Authorizes the Office of the Mayor to enter into an agreement with the State of Hawai‘i Department of the Attorney General, pursuant to HRS 46-7, for an Increasing Drug Analysis Grant. {This grant will be used to purchase equipment for the Police Department’s crime laboratory, thus decreasing the amount of time necessary to complete instrumental drug analysis and increase amount of cases processed.} Re: Comm. 785 Intr. by: Mr. Chung Approved: FC-283 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Res. 257-02: Authorizes the Office of the Mayor to enter into an agreement with the State of Hawai‘i, Department of Defense, Civil Defense Division, pursuant to HRS 46-7, for a Pre-Disaster Mitigation - GIS Street Layer Grant. {This grant will be used to develop a GIS street layer for the entire County of Hawai‘i, which is essential to analyze evacuation capabilities, 911 emergency systems, and is a key component to develop the County of Hawai‘i’s Hazard Mitigation Plan.} Re: Comm. 792 Intr. by: Mr. Chung Approved: FC-286 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Res. 258-02: Authorizes the acceptance of an award of four (4) software packages for the Civil Defense Agency. {The software packages, provided by ESRI with an estimated value of $2,200, will help in the current development of the County of Hawai‘i's Hazard Mitigation Plan.} Re: Comm. 793 Intr. by: Mr. Chung Approved: FC-288 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-49 Page 5 November 20, 2002 Res. 259-02: Authorizes the Office of the Mayor to enter into an agreement with the State of Hawai‘i, Department of Defense, Civil Defense Division, pursuant to HRS 46-7, for a Pre-Disaster Mitigation - GIS Spatial Growth Model Grant. {This grant will be used to develop a GIS spatial growth model to analyze vulnerability to various hazard risks. This analysis is a key component to develop the County of Hawai‘i’s Hazard Mitigation Plan.} Re: Comm. 794 Intr. by: Mr. Chung Approved: FC-289 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Res. 260-02: Authorizes the Office of the Mayor to enter into an agreement with the Federal Emergency Management Agency, pursuant to HRS 46-7, for a Flood Hazard Mitigation Planning Grant. {This grant will be used to develop a flood hazard mitigation plan for the County focusing on structures that have received repetitive flood losses and will be a part of the overall County of Hawai‘i’s Hazard Mitigation Plan.} Re: Comm. 795 Intr. by: Mr. Chung Approved: FC-291 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None BILLS FOR ORDINANCES (FIRST READING) Bill 264: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of (Draft 2) Hawai‘i for the fiscal year ending June 30, 2003. {Increases and appropriates revenues of $22,500 in the Sundry Revenues – Current Year and $70,000 from the Federal Grants – Erosion & Sediment Control; and appropriates $22,500 to the Kelly Lawsuit Settlement Compliance and $70,000 to the Erosion & Sediment Control – Federal.} Re: Comm. 758.3 Intr. by: Mr. Chung Approved: FC-296 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-49 Page 6 November 20, 2002 Bill 273: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates revenues of $130,000 in the Federal Grants – Increasing Drug Analysis; and appropriates same to the Increasing Drug Analysis.} Re: Comm. 785 Intr. by: Mr. Chung Approved: FC-284 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 274: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates revenues of $75,000 in the Federal Grants – Pre-Disaster Mitigation – GIS Street Layer; and appropriates same to the Pre-Disaster Mitigation – GIS Street Layer Project.} Re: Comm. 792 Intr. by: Mr. Chung Approved: FC-287 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 275: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates revenues of $30,000 in the Federal Grants – Pre-Disaster Mitigation – GIS Spatial Growth Model; and appropriates same to the Pre-Disaster Mitigation – GIS Spatial Growth Model Project.} Re: Comm. 794 Intr. by: Mr. Chung Approved: FC-290 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-49 Page 7 November 20, 2002 Bill 276: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates revenues of $35,400 in the Federal Grants – Flood Hazard Mitigation; and appropriates same to the Flood Hazard Mitigation.} Re: Comm. 795 Intr. by: Mr. Chung Approved: FC-292 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 277: Amends Chapter 4, Hawai‘i County Code, 1983 (1995 Edition), as amended, relating (Draft 3) to Animals and the Regulation of Dangerous Dogs. Re: Comm. 796.2 Intr. by: Ms. Pisicchio Approved: FC-293 ST AMENDED TO DRAFT 5 & PASSED 1 READING 8 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 278: Amends Chapter 24, Article 8, Division 6, of the Hawai‘i County Code 1983 (1995 (Draft 2) Edition), relating to Parking for Disabled Persons. {This bill, which was introduced at the request of the Disability and Communication Access Board of the State of Hawai’i, conforms provisions of the Hawai‘i County Code to those contained in Chapter 291, Part III, of the Hawai‘i Revised Statutes, and Chapter 11-219, Hawai‘i Administrative Rules. This bill repeals the six sections which comprise Chapter 24, Division 6, of the Hawai‘i County Code, and replaces them with eight new sections which are consistent with State law, including but not limited to sections which require a $10 charge for windshield placards and which subject violators to fines of $250 to $500.} Re: Comm. 797.1 Intr. by: Mr. Arakaki Approved: PWIRC-62 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-49 Page 8 November 20, 2002 Bill 279: 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 $45,000 in the Federal Grants – Coordinated Services and $13,442 in the State Grants – Coordinated Services Purchase of Services; and appropriates $45,000 in the Coordinated Services – Equipment and $13,442 in the Coordinated Services Salaries and Wages.} Re: Comm. 798 Intr. by: Mr. Chung Approved: FC-294 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None ORDER OF THE DAY (SECOND OR FINAL READING) Bill 266: 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 $67,000 in the State Grants – Glass Recycling Program; and appropriates same to the Glass Recycling Program.} Re: Comm. 764 Intr. by: Mr. Chung st 1 Reading: November 8, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 267: 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 $30,000 in the State Grants – Used Oil Collection/Disposal; and appropriates same to the Recycling Program.} Re: Comm. 765 Intr. by: Mr. Chung st 1 Reading: November 8, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-49 Page 9 November 20, 2002 Bill 268: Amends Ordinance No. 97-99, which amended Ordinance Nos. 84-23, 84-42, 88-4, 90-62, 91-96, 93-26, and 94-34, which reclassified certain lands from Unplanned (U) to Multiple Family (RM-5) and Single-Family Residential (RS-15) zoned district at Hōlualoa 1 and 2, North Kona, Hawai‘i, covered by Tax Map Key 7-6-21:4, 9-13, and 15-17. {Gamrex, Inc., applicant.} {Request: To amend Condition I to provide a time extension for securing Final Plan Approval.} Re: Comm. 768 Intr. by: Ms. Leithead-Todd st 1 Reading: November 8, 2002 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Jacobson, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Leithead-Todd Bill 280: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of (Draft 2) Hawai‘i for the fiscal year ending June 30, 2003. {Increases revenues of $200,000 in the State Special Election; and appropriates same to the Special Election to conduct a special election on November 30, 2002, and January 4, 2003, for the purpose of filling the congressional seat for the remainder of the term due to the passing of U.S. Representative Patsy Mink. The State will reimburse the County for special election costs.} Re: Comm. 802.1 Intr. by: Mr. Chung st 1 Reading: November 8, 2002 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Chung, Jacobson, Leithead-Todd, Pisicchio, Safarik, Yagong and Chairman Arakaki 2 NOES: Councilmembers Elarionoff and Tyler REPORTS FC Rept. 281 Recommends the acceptance of the Amorphophallus Titanum, commonly referred to as (C-779): the largest flower of the world (estimated value $500), to the Department of Parks and Recreation from Mr. Hiroshi Tagami. APPROVED Hawai‘i County Council-49 Page 10 November 20, 2002 PWIRC Recommends the approval and inclusion of the following items in the County of Rept. 63 Hawai‘i’s 2003 Legislative Package: Upper Waiākea diversion project for the (C-790): Waiākea Stream (HB 2597); Upper Kaūmana diversion project for the Waipāhoehoe and Kaluiiki Streams (HB-2597); Immunity from natural hazards (falling rocks, etc.); Increase funding for more personnel in the hospital emergency rooms; Paniolo Drive Sidewalk Improvements, Phase III, $250,000; Puna Makai Alternate Route Study – Council District 5, $250,000; and Hawaiian Ocean View Exploratory Well Funding. APPROVED FC Rept. 285 Recommends the acceptance of a $250 donation to the Fire Department from the (C-791): ‘Ohana Keauhou Beach Resort. 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. 776: JOHN F. BRUNTON, AKA, JACK BRUTON, VS. COUNTY OF HAWAI‘I, ET AL. CIVIL NO. 02-00414SOM/LEK From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 15, 2002. Deferred: November 8, 2002 DEFER Comm. 799: HIRING OF SPECIAL COUNSEL FOR WORKERS COMPENSATION DIVISION From Corporation Counsel Lincoln S. T. Ashida, dated October 24, 2002. Deferred: November 8, 2002 CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 189.7: WILLIAM SILVA, ET. AL. V. COUNTY OF HAWAI‘I, ET. AL. CIVIL NO. 97-622 From Corporation Counsel Lincoln S. T. Ashida, dated November 8, 2002. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 628.2: KONISHI V. COUNTY OF HAWAI‘I From Deputy Corporation Counsel Michael S. Kagami, dated October 29, 2002. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Hawai‘i County Council-49 Page 11 November 20, 2002 Comm. 815: SPRINGER V. COUNTY OF HAWAI‘I, CIV. NO. 02-1-0162 (ALLEGED VIOLATION OF FLSA), CONSULTATION REGARDING CONFLICT OF INTEREST From Corporation Counsel Lincoln S. T. Ashida, dated November 7, 2002. 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, NOVEMBER 26, 2002 HUMAN SERVICES AND 5:00 p.m. KING KAMEHAMEHA'S ECONOMIC DEVELOPMENT COMMITTEE KONA BEACH HOTEL PUBLIC HEARING (BILL 260 - CONFERENCE ROOM 4 SMOKING IN CERTAIN PLACES) MONDAY, DECEMBER 2, 2002 COUNCIL SINE DIE 10:00 a.m. COUNCILROOM COUNCIL NEW 3:00 p.m. COUNCILROOM TUESDAY, DECEMBER 17, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, DECEMBER 18, 2002 COUNCIL 9:00 a.m. KING KAMEHAMEHA'S KONA BEACH HOTEL CONFERENCE ROOM 4 STATEMENTS FROM THE PUBLIC 5:25 p.m. ADJOURNMENT Hawai‘i County Council-49 Page 12 November 20, 2002 (Note: B/R, as listed next to the name of an Introducer, signifies that the Councilmember 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 18, 2002. 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 27, 2002, at 6 p.m.; Sunday, December 1, 2002, at 10:30 a.m.; and Wednesday, December 4, 2002, at 6 p.m.