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Home My WebLink AboutAGE COUNCIL 10/09/2002 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 46 Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, October 9, 2002 9:00 a.m. INVOCATION Captain Fred Apuan of the Salvation Army CALL TO ORDER 9:05 a.m. ROLL CALL All present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES August 28, 2002 – approved as amended (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-46 Page 2 October 9, 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. 239-02: Transfers/appropriates an appropriation out and from the designated fund account(s) and credits same to a designated fund account(s). {Transfers/appropriates $4,000 out and from the Clerk-Council Services – Contingency Relief account; credits same to the Parks & Recreation Department, Elderly Activities Division, Nutrition Program account.} Re: Comm. 733 Intr. by: Mr. Arakaki Approved: FC-266 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Res. 240-02: Authorizes the Director of Finance to execute a grant of easement in favor of the State of Hawai‘i for the implementation of the Lalamilo Distribution Pipeline of the rd Department of Agriculture’s Waimea Irrigation System (TMK: 3/6-6-05 and rd 3/6-7-03). {The State of Hawai‘i requires a right-of-way for a portion of the identified parcels in connection with the implementation of the Lalamilo distribution pipeline of the Department of Agriculture’s Waimea Irrigation System which serves the farmers at the Lalamilo Farm Lots.} Re: Comm. 734 Intr. by: Mr. Elarionoff Approved: PWIRC-54 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-46 Page 3 October 9, 2002 Res. 241-02: Authorizes the acceptance of a kiosk with solar lighting and a solar electric lighting system for the Hilo Bayfront restrooms from Hawai‘i Electric Light Co., Inc. {Estimated value of $12,500.} Re: Comm. 739 Intr. by: Mr. Chung Approved: FC-268 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Res. 242-02: Changes the time element of the following positions: one (1) Water Safety Officer II 3/10T, two (2) Water Safety Officer II 2/5T, and one (1) Water Safety Officer II 9/20T to half-time (1/2T); and changing the time element and position status of three (3) Water Safety Officer I (temporary) to half-time (1/2T) and permanent. {This enables the West Hawai‘i beach operations to meet their staffing standards and to be in compliance with labor laws.} Re: Comm. 741 Intr. by: Mr. Chung (B/R) Approved: FC-270 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Res. 243-02: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for a multi-year maintenance agreement for the automated booking system at the Hilo and Kona Police stations. {The vendor providing the equipment, Sagem Morpho, Inc., will provide maintenance for four years.} Re: Comm. 743 Intr. by: Mr. Chung Approved: FC-272 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-46 Page 4 October 9, 2002 Res. 244-02: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for a multi-year lease for a copy machine. {A five-year lease for the Department of Public Works Administration Office.} Re: Comm. 744 Intr. by: Mr. Chung Approved: FC-273 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None BILLS FOR ORDINANCES (FIRST READING) Bill 256: Amends Chapter 14, Article 10, of the Hawai‘i County Code, as amended, relating to Exceptional Trees. {The following trees are designated as Exceptional Trees of the County of Hawai‘i: Terminalia chebula, owned by the County of Hawai‘i, TMK: 2-3-0l:2, located on Kamehameha Avenue; and Grove of Mangoes, owned by the County of Hawai‘i, TMK: 1-4-3, 4, 5 & 28, located on Government Beach Road.} Re: Comm. 725 Intr. by: Ms. Leithead-Todd Approved: PC-104 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 258: 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 from Fund Balance from Prior Year – Designated, County Housing Revolving Fund ($96,195.63); appropriates to the following County Housing Revolving Funds - Mauna Kea Affordable Housing Revolving Account ($8.29), Kealoha Subdivision ($6.03), Kuki‘o Projects ($36.56), Hawai‘i Land Partnership ($4,868.73), Bayview Estates ($331.54), Bay Club Waikoloa ($38,728.54), Moana Vista Properties ($4,814.16), and Kahakai Subdivision ($47,401.78) for a total of $96,195.63.} Re: Comm. 740 Intr. by: Mr. Chung Approved: FC-269 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-46 Page 5 October 9, 2002 Bill 259: 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 - Hilo Traffic Circulation & Improvement Study – Federal ($100,000); funds to be provided from Federal Grants Receivable ($100,000).} Re: Comm. 742 Intr. by: Mr. Chung (B/R) Approved: FC-271 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 8 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Jacobson ORDER OF THE DAY (SECOND OR FINAL READING) Bill 254: 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 - Paniolo Drive Sidewalk Improvements project, Phase III ($250,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($250,000).} Re: Comm. 711 Intr. by: Mr. Elarionoff st 1 Reading: September 25, 2002 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Chung, Elarionoff, Jacobson, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Leithead-Todd Bill 255: 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 $17,150 from Federal Grants – Rebuild America; credits same to the Rebuild America.} Re: Comm. 717 Intr. by: Mr. Chung st 1 Reading: September 25, 2002 ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Chung, Elarionoff, Jacobson, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Leithead-Todd Hawai‘i County Council-46 Page 6 October 9, 2002 Bill 257: 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 $2,666 from Retired and Senior Volunteer Program; credits same to the Retired and Senior Volunteer Program – Other Current Expenses.} Re: Comm. 726 Intr. by: Mr. Chung st 1 Reading: September 25, 2002 ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Chung, Elarionoff, Jacobson, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Leithead-Todd REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the month ended REPORT: July 31, 2002. APPROVED PEMC Recommends the confirmation of Ms. Anne R. Plack to the County of Hawai‘i Rept. 19 Environmental Management Commission. (C-731): APPROVED PWIRC Sign variance request by St. Joseph High School. {From Le Roy Andrews, Principal, Rept. 55 St. Joseph High School, requesting a sign entitled, “Home of the Cardinals”, (C-745): airbrushed by Gerard Callo, be installed on their school gym at the corner of Kapio‘lani and Hualalai Streets.} APPROVED FC Rept. 265 Recommends the confirmation of Mr. Richard P. Rego to the County of Hawai‘i Cost (C-732) : of Government Commission. APPROVED FC Rept. 267 Recommends the acceptance of two (2) picnic tables to the Department of Parks & (C-738): Recreation for public use at Honomu Park by the Honomu Village Association. {Estimated value of $400.} APPROVED Hawai‘i County Council-46 Page 7 October 9, 2002 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. 748: CLAIM AGAINST THE COUNTY BY JANE LEE From Deputy Corporation Counsel Michael S. Kagami, dated September 13, 2002. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 760: KEOLA KANAE V. KAHIKI M. H. HODSON, CIVIL NO. 02-00399 SOM/LEK From Deputy Corporation Counsel Joseph K. Kamelamela, dated September 27, 2002. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Hawai‘i County Council-46 Page 8 October 9, 2002 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, OCTOBER 15, 2002 SPECIAL MEETING OF THE 9:00 a.m. COUNCILROOM PARKS & ENVIRONMENTAL MANAGEMENT COMMITTEE (WASTE REDUCTION TECHONOLOGY VENDORS’ PRESENTATIONS - COMM. 730.7) WEDNESDAY, OCTOBER 16, 2002 SPECIAL MEETING OF THE 9:00 a.m. COUNCILROOM PARKS & ENVIRONMENTAL MANAGEMENT COMMITTEE (WASTE REDUCTION TECHONOLOGY VENDORS’ PRESENTATIONS - COMM. 730.8) TUESDAY, OCTOBER 22, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, OCTOBER 23, 2002 COUNCIL 9:00 a.m. COUNCILROOM WEDNESDAY, OCTOBER 30, 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) THURSDAY, NOVEMBER 7, 2002 COMMITTEES TBA COUNCILROOM FRIDAY, NOVEMBER 8, 2002 COUNCIL 9:00 a.m. COUNCILROOM Hawai‘i County Council-46 Page 9 October 9, 2002 STATEMENTS FROM THE PUBLIC 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 October 7, 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, October 16, 2002, at 6 p.m.; Sunday, October 20, 2002, at 10:30 a.m.; and Wednesday, October 23, 2002, at 6 p.m.