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HomeMy WebLinkAboutAGE COUNCIL 11/21/2001 2000-2002 JAMES Y. ARAKAKf ~4~ AARON S.Y. CNUNG ' . ~ e ~t..'~ LE'I~I~1~;1~AD ELARIONOFF (~lvuirntui~RrPre.~idi~t~Q~ficer • - JULIE JACOBSON t;l B~: ' I.~THEAD-TODD J. CURTIS TYLER, III , , : f . lt~~ ~ ~I i-'ri l ~A~'1~'Y PISICCI-I10 I'fcc ('huirnian ®s~'1. ~O';~?' 6°~"P GARY SAFARIK t~•~-~'- Bt3MINIC YAGONG COUNTY COUNCIL ~-'C~~v'r C;;:i~ County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 ?4th Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, November 21, 2001 9:00 a.m. INVOCATION The Reverend Tim Carigon of the Hilo Missionary CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES September 25, 2001 (deferred November 7, 2001), October 10, 2001, and October 24, 2001 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 417: 2002 HSAC LEGISLATIVE PACKAGE From Councilmember Elarionoff, dated November 7, 2001, requesting approval of the proposals for the 2002 Hawaii State Association of Counties Legislative package. Intr. by: Mr. Elarionoff Waived: PWIRC (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County Council Page 2 November 21, 2001 STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 141-0 l : Accepts the dedication of a 5-foot future road widening section with road and drainage improvements from First Hawaiian Bank, trustee of the William V. Brilhante self-directed IRA under agreement dated February 16, 1995, situate at Waiakea, district of South Hilo, County and State of Hawaii, Tax Map Key (3)2-2-035:091 (por.), to the County of Hawaii; Re: Comm. 403 Intr. by: Mr. Elarionoff Approved: PWIRC-31 and Comm. 403.1: From Deputy Corporation Counsel [van Torigoe, dated November 7, 2001. Res. 142-01: Accepts the dedication of 10-foot road widening parcels with roadway and drainage improvements from H. Shiroma, Inc., situate at Waiakea, district of South Hilo, County and State of Hawaii, Tax Map Keys (3)2-2-39: portions of 66, 67, 68 and 69, to the County of Hawaii; Re: Comm. 404 (ntr. by: Mr. Elarionoff Approved: PWIRC-32 and Comm. 404.1 From Deputy Corporation Counsel [van Torigoe, dated November 8, 2001. Res. 143-O1: Creates a Deputy Prosecuting Attorney (temporary) position, an Investigator V (temporary) position, and a Legal Clerk III (temporary) position for the Office of the Prosecuting Attorney. {Funding for Community Oriented Prosecution (COP) in West Hawai`i.} Re: Comm. 406 Intr. by: Mr. Chung (B/R) Adopted: FC-145 Hawaii County Council Page 3 November 21, 2001 BILLS FOR ORDINANCES (FIRST READING) Bill 122: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. { 15 mile per hour speed limit, one-way traffic pattern, and no parking zones - Honaunau Beach Road.} Re: Comm. 397 Intr, by: Mr. Elarionoff Approved: PWIRC-33 Bill 123: Amends Ordinance No. OI-56, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2001 to June 30, 2002. {Adds the following PUBLIC WORKS projects: Ali`i Drive road improvement - Federal ($320,000), and Ali`i Drive Road Improvement -County ($80,000); funds to be provided from Federal Grants Receivable ($320,000) and Beautification Fund ($80,000).} Re: Comm. 398 Intr. by: Mr. Tyler Approved: FC-141 Bill 124: Amends Ordinance 01-55, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2002. {Appropriates revenues in the Fund Balance from Prior Year, Beautification Fund account ($80,000), and appropriates same to the Transfer to Capital Project fund, Beautification Fund account ($80,000).} Re: Comm. 398 Intr, by: Mr. Tyler Approved: FC-142 Bill ]25: Amends Ordinance 01-56, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2001, to June 30, 2002. {Adds the PARKS & RECREATION: Laaloa Bay Beach Park Improvements ($150,000); funds to be provided by General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources.} Re: Comm. 401 Intr. by: Mr. Chung Approved: FC-143 Hawaii County Council Page 4 November 21, 2001 Bill 127: Amends Chapter 12, Article 5 ofthe Hawaii County Code (1995 Edition) relating to refunding of the outstanding indebtedness of improvement districts. {Brings the Hawaii County Code in compliance with the County Charter by requiring two readings to promulgate a refunding measure.} Re: Comm. 405 Intr. by: Mr. Arakaki Approved: FC-144 Bill 128: Amends Ordinance 01-55, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2002. {Appropriates revenues of $200,000 in the Federal Grants, Civil Defense Hazards Mitigation Pan account; and appropriates same to the Civil Defense Hazards Mitigation Plan account.} Re: Comm. 407 Intr. by: Mr. Chung Approved: FC- l 46 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 1 14: Amends Section 25-8-1 1 (Lalamilo-Pu`ukapu Zone Map), Article 8, Chapter 25 (Draft 3) (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-40a) to Agricultural (A-Sa) at Pu`ukapu, South Kohala, Hawaii, covered by Tax Map Key 6-4-30:15. {Robert J. & Annabelle M. Shallenberger, applicant.} Re: Comm. 367.2 Intr. by: Ms. Leithead-Todd 1st Reading: November 7, 2001 Bill 1 15: Amends the State Land Use Boundaries Map, H-14 for the County of Hawaii, by changing the district classification from the Agricultural to the Rural District at `Ouli, Waimea, South Kohala, Hawaii, covered by Tax Map Key 6-2-05:18. {Jacinth and Yvonne Deluz, applicant.} Re: Comm. 368 Intr. by: Ms. Leithead-Todd 1st Reading: November 7, 2001 Hawaii County Council Page 5 November 21, 2001 Bill 1 16: Amends Section 25-8-7 (North and South Kohala Districts Zone Map), (Draft 3) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-3a) to Residential and Agricultural (RA-2a) at `Ouli, Waimea, South Kohala, Hawaii, covered by Tax Map Key 6-2-05:18. {Jacinth and Yvonne Deluz; applicant.} Re: Comm. 368.2 Intr. by: Ms. Leithead-Todd 1st Reading: November 7, 2001 Bill 126: Amends Ordinance No. 01-55, as amended, the Operating Budget for the (Draft 2) County of Hawaii for the fiscal year ending June 30, 2002. {Increases revenues in the Federal Grants-2001-Community Facility Disaster Assistance (CFDA) account by $747,500; and appropriates same to the following CFDA accounts: Transit Bus ($97,500), Na`alehu Highways Building Renovation ($150,000), Hawaiian Ocean View Estates Fire Truck ($250,000) and Solid Waste Refuse Trailer ($250,000).} Re: Comm. 402.1 Intr. by: Mr. Safarik 1st Reading: November 7, 2001 REPORTS HSEDC Rept. 8: The Committee on Human Services and Economic Development recommends (C-376) closing file on Communication Nos. 376, 376.1, 376.2, relating to the Independent Evaluation of the Animal Control Program of the County of Hawaii. REFERRALS FOR EXECUTIVE SESSION (Tl~e 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.) Comm. 144.4: EXECUTIVE SESSION - UPW L. 646 VS. COUNTY OF HAWAII, ET. AL. CIVIL NO. 98-244 From Corporation Counsel Lincoln Ashida, dated November 7, 2001. Comm. 329.1: EXECUTIVE SESSION - MARJOR[E B. BACHILLER, ET AL., VS. COUNTY OF HAWAII ET AL.• CIVIL NO.00-1-0175 From Deputy Corporation Counsel Glenn H. Shiigi, dated August 30, 2001. Deferred: September 12, October 10 & 24, 2001 Held Over: November 7, 2001 Hawaii County Council Page 6 November 21, 2001 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, DECEMBER 4, 2001 COMMITTEES TBA COUNC[LROOM WEDNESDAY, DECEMBER 5, 2001 COUNCIL 9:00 a.m. KING KAMEHAMEHA'S KONA BEACH HOTEL CONFERENCE ROOM 4 WEDNESDAY, DECEMBER 19, 2001 COUNCIL TBA COUNC[LROOM 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. 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 Hawaii County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawaii 96720; and the County Council's Kona Branch Office at 77-6399 Nalani Street, Suite 104, Kailua-Kona, Hawaii 96740. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, November 28, 2001, at 6 p.m.; Sunday, December 2, 2001, at 10:30 a.m.; and Wednesday, December 5, 2001, at 6 p.m. HAWAII COUNTY COUNCIL AGENDA SUMMARY James Y. Arakaki, Chair J. Curtis Tyler, III, Vice Chair Aaron S.Y. Chung Nancy Pisicchio Leningrad Elarionoff Gary Safarik Julie Jacobson Dominic Yagong Bobby Jean Leithead-Todd REGULAR MEETING: Wednesday, November 21, 2001, 9:00 a.m., Hawaii County Councilroom, 25 Aupuni Street, Hilo INVOCATION/CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE/APPROVAL OF MINUTES PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 417: Proposals for the 2002 HSAC Legislative package. (Mr. Elarionoff) ORDER OF RESOLUTIONS Res. 141-O1: Accepts 5-foot road widening with road and drainage improvements at Waiakea, South Hilo, Hawaii, TMK: (3)2-2-035:091 (por.) (Mr. Elarionoff); and Comm. 403.1: From Deputy Corporation Counsel Ivan Torigoe, dated November 7, 2001. Res. 142-01: Accepts 10-foot road widening with roadway and drainage improvements at Waiakea, South Hilo, Hawaii, TMK: (3)2-2-39: portions of 66, 67, 68 and 69 (Mr. Elarionoff); and Comm. 404.1: From Deputy Corporation Counsel Ivan Torigoe, dated November 8, 2001. Res. 143-O1: Creates Deputy Prosecuting Attorney, Investigator V, and Legal Clerk [II positions (all temporary) for Office of the Prosecuting Attorney. (Mr. Chung, B/R) BILLS FOR ORDINANCES (FIRST READING) Bill 122: Amends VEHICLES & TRAFFIC CODE: 15 mph, one-way traffic, and no parking zones - Honaunau Beach Road. (Mr. Elarionoff) Bill 123: Amends CAPITAL BUDGET: Adds Ali`i Drive road improvement project -Federal ($320,000), and County ($80,000). (Mr. Tyler) Bill 124: Amends OPERATING BUDGET: Appropriates $80,000 to the Fund Balance from Prior Year, Beautification Fund account. (Mr. Tyler) Bill 125: Amends CAPITAL BUDGET: $150,000 to Laaloa Bay Beach Park Improvements. (Mr. Chung) Bill 127: Amends IMPROVEMENT BY ASSESSMENTS CODE: requires two readings to promulgate a refunding measure. (Mr. Arakaki) Bill 128: Amends OPERATING BUDGET: Appropriates $200,000 to the Federal Grants, Civil Defense Hazards Mitigation Plan account. (Mr. Chung) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 114, Draft 3: Rezoning - at Pu`ukapu, South Kohala, Hawaii, TMK: 6-4-30:15, Robert J. & Annabelle M. Shallenberger, applicant. (Ms. Leithead-Todd) Bill 1 15: Amends State Land Use Boundaries Map, H-14, at `Ouli, Waimea, South Kohala, Hawaii, TMK: 6-2-05:18, Jacinth & Yvonne Deluz, applicant. (Ms. Leithead-Todd) Bill 116, Draft 3: Rezoning - at `Ouli, Waimea, South Kohala, Hawaii, TMK: 6-2-05:18, Jacinth & Yvonne Deluz, applicant. (Ms. Leithead-Todd) Bill 126, Draft 2: Amends Operating Budget - $747,500 to various Community Facility Disaster Assistance accounts. (Mr. Safarik) REPORTS HSEDC Rept. 8 (C-376): Recommends closing file on Communication Nos. 376, 376.1, 376.2., relating to the Independent Evaluation of the Animal Control Program of the County of Hawaii. REFERRALS FOR EXECUTIVE SESSION Comm. 144.4: UPW L. 646 vs. County, et. al. (Corp Counsel Ashida) Comm. 329.1: Marjorie B. Bachiller, et al., vs. County, et al. (Dep Corp Counsel Shiigi) OTHER BUSINESS ANNOUNCEMENTS TUESDAY, DECEMBER 4, 2001 COMMITTEES TBA COUNCILROOM WEDNESDAY, DECEMBER 5, 2001 COUNCIL 9:00 a.m. KING KAMEHAMEHA'S KONA BEACH HOTEL CONFERENCE ROOM 4 WEDNESDAY, DECEMBER 19, 2001 COUNCIL TBA COUNCILROOM STATEMENTS FROM THE PUBLIC ADJOURNMENT The meeting place is accessible for persons with physical disabilities. Persons who need special accommodations to attend this meeting should call 961-8255. 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 Hawaii County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawaii 96720; and the County Council's Kona Branch Office at 77-6399 Nalani Street, Suite 104, Kailua-Kona, Hawaii 96740. Government Access Television: Channel 52 (Hilo and- Kona) Wednesday, November 28, 2001, at 6 p.m.; Sunday, December 2, 2001, at 10:30 a.m.; and Wednesday, December 5, 2001, at 6 p.m. JAMES Y. ARAKAKI ~``Y AARON S.Y. Ct-IUNG cP,:~ ' h ~ , ('huirniui~ cYr Presktin~; Officer ~ ~ LENINGRAD ELARIONOFF . JULIE JACOBSON J. CURTIS TYLER, III ~ ~,..ba• s.,,~~ BOBBY JEA NANCY PISDICCOHIO ~'m,-~,A GARY SAFARIK DOMINIC YAGONG COUNTY COUNCIL County of Hawai `i i~~--~ Hawaii County BuildinK t°-= 25 Aupuni Street Hilo, Hawai `i 96720 24th Se~~on ` ' - ADDENDUM -~s r ~ - ::i ; Hawaii County Council t Hilo, Hawaii Wednesday, November 21, 2001 9:00 a.m. BILLS FOR ORDINANCES (FIRST READING) Bill 131: Provides for the issuance of County of Hawaii Improvement District No. 17, Kaloko Subdivision, 2001 Special Assessment Refunding Bonds in an mount not to exceed $10,165,000; Re: Comm. 418 Intr. by: Mr. Chung Waived: FC and Comm. 418.1 From Hideki Hayashi, TSA Corporation, dated November 12, 2001; and Comm. 418.2 From Hideki Hayashi, MID Corporation, dated November 12, 2001; and Comm. 418.3 From Joy Pililani Van Bergen & Kenneth Joseph Van Bergen, Piilani, LLC, dated November 14, 2001; and Comm. 418.4 From Douglas Stephens, Kailua-Kona Self Storage, LLC, dated November 8, 2001; and Comm. 418.5 From James Pappas, Honsador Lumber Corporation, dated November 9, 2001; and Comm. 418.6 From Alexander Kreig, dated November 8, 2001; and Comm. 418.7 From Sung Hun Chung, dated November 8, 2001; and Hawaii County Council Page 2 November 21, 2001 Comm. 418.8 From William Minson & Dixie Minson, dated November 8, 2001; and Comm. 418.9 From March Taylor, Taylor Family Limited Partnership, dated November 7, 2001; and Comm. 418.10 From Andrew Char, dated November 14, 2001 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) The meeting place is accessible for persons with physical disabilities. Persons who need special accommodations to attend this meeting should call 961-8255. 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 Hawaii County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawaii 96720; and the County Council's Kona Branch Office at 77-6399 Nalani Street, Suite 104, Kailua-Kona, Hawaii 96740. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, November 28, 2001, at 6 p.m.; Sunday, December 2, 2001, at 10:30 a.m.; and Wednesday, December 5, 2001, at 6 p.m.