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Home My WebLink AboutAGE COUNCIL 11/08/2002 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 48 Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Friday, November 8, 2002 9:00 a.m. INVOCATION Stewart Hussey of The Christian Science Church CALL TO ORDER 9:07 a.m. ROLL CALL All present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES September 25 and October 9, 2002 – approved as amended (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-48 Page 2 November 8, 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. 245-02: Accepts the dedication of Parcel 15 from the Island of Hawai‘i YMCA, situate at thst (Draft 2) Pāhoehoe 3rd, Pāhoehoe 4, and La‘aloa 1, North Kona, County and State of Hawai‘i, Tax Map Key: (3)7-7-008-030 (portion), to the County of Hawai‘i for the Kahului- Keauhou Parkway. Re: Comm. 750.1 Intr. by: Ms. Pisicchio Approved: PWIRC-58 ADOPTED 8 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Res. 246-02: Accepts the dedication of Parcels 16B and 17 from Towne Keauhou LLC, situate at rdthst ndst (Draft 2) Pāhoehoe 3, Pāhoehoe 4, La‘aoa (La‘aloa) 1,La‘aloa 2, and Kapala‘alae‘a 1, North Kona, County and State of Hawai‘i, Tax Map Keys: (3)7-7-026-014 (portion) and 7-7-008-011 (portion), to the County of Hawai‘i for the Kahului-Keauhou Parkway. Re: Comm. 750.1 Intr. by: Ms. Pisicchio Approved: PWIRC-59 AMENDED TO DRAFT 3 & ADOPTED 8 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Hawai‘i County Council-48 Page 3 November 8, 2002 Res. 247-02: Accepts the dedication of Parcels 19, 21, 22A, 24 and 25, from Kamehameha (Draft 2) Investment Corporation, situate at Kahalu‘u and Keauhou 1st,North Kona, County and State of Hawai‘i, Tax Map Keys: (3)7-8-010-002 (portion), 7-8-010-035 (portion), and 7-8-010-093 (portion), to the County of Hawai‘i for the Kahului-Keauhou Parkway. Re: Comm. 750.1 Intr. by: Ms. Pisicchio Approved: PWIRC-60 ADOPTED 8 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Res. 250-02: Authorizes the Mayor to enter into a project agreement with State of Hawai‘i and federal government agencies for federal aid spot improvements on Keanakolu Road from its intersection with the John A. Burns Way (Mauna Kea Summit Road) to the northern boundary of the Maulua Tract of the Hakalau Forest National Wildlife Refuge rd (Mile 16) TMK: 3 Div. 3-8-0l. {The federal government will provide spot improvements, at no cost to the County, beginning at the Canicula Road and the Mauna Kea Summit Road intersection and extending to the northern boundary of the Maulua tract of the Hakalau Forest National Wildlife Refuge. The agreement will commit the County to assist with local coordination as necessary and to maintain the improvements once they are completed.} Re: Comm. 767 Intr. by: Mr. Elarionoff Approved: PWIRC-61 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-48 Page 4 November 8, 2002 Res. 251-02: Authorizes the Finance Director to execute grants of easements in favor of Niu Pia (Draft 2) Farms, Ltd. {For a retaining wall easement over Government Road in Kaloko Light Industrial Subdivision, Unit 1, Kaloko, North Kona, Hawai‘i, TMK: (3) 7-3-51. The fair market value of the retaining wall easement is $1,425. Attached are Exhibits "A" through "D", relating to the easement.} Re: Comm. 770.1 Intr. by: Mr. Tyler Approved: FC-280 ADOPTED 7 AYES: Councilmembers Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Elarionoff 1 ABSENT & EXCUSED: Councilmember Chung Res. 252-02: Authorizes the Corporation Counsel, and his authorized representatives, to enter into an agreement with the individually named party, who is an employee of the County of Hawai‘i, to represent him in the civil action entitled, Keola Kanae v. Kahiki M. H. Hodson, et al., Civil No. 02-00399 SOM/LEK. Re: Comm. 783 Intr. by: Mr. Chung Waived: FC ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Res. 261-02: Authorizes the Corporation Counsel, and his authorized representatives, to enter into an agreement with the individually named party, who is a former employee of the County of Hawai‘i, to represent him in the civil action entitled, Tanny M. Cazimero vs. Hawai‘i County, et al., Civil No. 00-1-0384. Re: Comm. 800 Intr. by: Mr. Chung Waived: FC ADOPTED 8 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Jacobson Hawai‘i County Council-48 Page 5 November 8, 2002 BILLS FOR ORDINANCES (FIRST 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 Approved: FC-278 ST PASSED 1 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 Approved: FC-279 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 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 Holualoa 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 Approved: PC-105 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-48 Page 6 November 8, 2002 Bill 280: 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 $100,000 in the State Special Election; and appropriates same to the Special Election to conduct a special election on November 30, 2002, 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 Intr. by: Mr. Chung Waived: FC ST AMENDED TO DRAFT 2 & PASSED 1 READING 7 AYES: Councilmembers Chung, Jacobson, Leithead-Todd, Pisicchio, Safarik, Yagong and Chairman Arakaki 2 NOES: Councilmembers Elarionoff and Tyler ORDER OF THE DAY (SECOND OR FINAL READING) Bill 261: 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 $137,738 in the Federal Grants – Area Plan on Aging; and appropriates same to the Area Plan on Aging Other Current Expenses.} Re: Comm. 754 Intr. by: Mr. Chung st 1 Reading: October 23, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 263: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and financing thereof for the fiscal year July 1, 2002 to June 30, 2003. {Adds PUBLIC WORKS – Ali‘i Improvement Project ($5,000,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($5,000,000).} Re: Comm. 757 Intr. by: Ms. Pisicchio st 1 Reading: October 23, 2002 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND AMENDED TO DRAFT 2 & 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-48 Page 7 November 8, 2002 Bill 270: 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 $127,100 in the State Grants – West Hawai‘i Parks Lifeguards; and appropriates same to the West Hawai‘i Lifeguard Services Other Current Expenses.} Re: Comm. 778 Intr. by: Ms. Pisicchio st 1 Reading: October 23, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the month ended REPORT: September 30, 2002. APPROVED PEMC Recommends the approval of the nomination of Marjorie A. Erway to the Hawai‘i Rept. 20 County Environmental Management Commission. (C-769): APPROVED FC Rept. 277 Recommends the confirmation of William S. Taylor to the Hawai‘i County Pension (C-772): Board. 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 BRUNTON, VS. COUNTY OF HAWAI‘I, ET AL. CIVIL NO. 02-00414SOM/LEK From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 15, 2002. DEFER Hawai‘i County Council-48 Page 8 November 8, 2002 Comm. 780: QCUTZIEL FRAZIER, JR., VS. BRETT ANDERSON, ET AL., CIVIL NO. 00-1-463; THOMAS FRAZIER-DeWEES VS. BRETT ANDERSON, ET AL., CIVIL NO. 01-1-344 From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 14, 2002. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 799: HIRING OF SPECIAL COUNSEL FOR WORKERS COMPENSATION DIVISION From Corporation Counsel Lincoln S. T. Ashida, dated October 24, 2002. DEFER OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, NOVEMBER 19, 2002 PUBLIC WORKS & INTER- 9:00 a.m. COUNCILROOM GOVERNMENTAL RELATIONS COMMITTEE FINANCE COMMITTEE 10:00 a.m. COUNCILROOM PARKS & ENVIRONMENTAL 1:00 p.m. COUNCILROOM MANAGEMENT COMMITTEE HUMAN SERVICES & ECONOMIC 2:00 p.m. COUNCILROOM DEVELOPMENT COMMITTEE PLANNING COMMITTEE 3:00 p.m. COUNCILROOM WEDNESDAY, NOVEMBER 20, 2002 COUNCIL 9:00 a.m. COUNCILROOM 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 Hawai‘i County Council-48 Page 9 November 8, 2002 STATEMENTS FROM THE PUBLIC 1:00 p.m. ADJOURNMENT (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 6, 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 13, 2002, at 6 p.m.; Sunday, November 17, 2002, at 10:30 a.m.; and Wednesday, November 20, 2002, at 6 p.m.