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HomeMy WebLinkAboutAGE COUNCIL 02/21/2002 2000-2002 JAMES Y. ARAKAKI ~~tvcc"~q AARON S.Y. CHUNG ('huirrnun ~ PresidinROfficer `~~=y LENINGRAD ELARIONOFF i ' ~ JULIE JACOBSON J. CURTIS TYLER, III ~ ; BOBBY JEAN LEITH-IE.?~D-TODD I "ice C'hairntan dt': o ~t'p`~ NANCY PISICCHIO rPCV'"~~ GARY SAFARIK DOMINIC YAGONG COUNTY COUNCIL County of Hawai 'i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 9 s C ~ ,"7 j'.! l..;; 30th Session - ORDER OF BUSINESS • ~-.T Ilaevai`i County Council Nilo, Hawaii Thursday, February 21, 2002 9:00 a.m. INVOCATION Reverend Nenry Kahalehili of Glad Tidings Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE - APPROVAL OF MINUTES January 9, 2002 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Nawai`i County Council Page 2 February 21, 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. 172-02: Authorizes the Corporation Counsel, and his authorized representatives, to enter into agreements with the individually named defendants, who are employees of the County of Hawaii, to represent them in the civil action entitled Nancy Makanui vs. Juergen L.. Canda, et al., Civil No. OI-1-0094 and Nancy Makanui vs. Juergen L. Canda, et al., Civil No. 01-00204 ACK/KSC. Re: Comm. 510 Intr. by: Mr. Chung Waived: FC Res. 173-02: Recognizes March as National Women's History Month. Re: Comm. 513 Intr. by: Mr. Arakaki and Ms. Leithead-Todd Waived: HSEDC BILLS FOR ORDINANCES (FIRST READING) Bill 225: Amends Chapter 22, of the Hawaii County Code 1983 (1995 Edition), relating to (Draft 4) Streets and Sidewalks. (2000) {The purpose of this bill is to make significant changes to Chapter 22, which relates to streets and sidewalks. The bill would repeal the chapter and replace it in a restructured and reordered format. Major areas addressed by the bill include: generally prohibiting using county streets for profit or private uses; modified permit requirements; modernized technical requirements; and ADA compliance. Significant changes have been proposed relating to: prohibitions of signs and advertising material within county streets; required numbers for houses and bus?hesses; new driveway requirements for commercial and industrial use; assignment of permitted responsibilities; maintenance responsibility of property owners for driveway approaches and sidewalk damage; and variances, penalties and enforcement. Tl~e draft before the Council was amended by committee to include a number of changes as outlined in PWIRC Report 34.}; Re: Comm. 370.6 Intr. by: Mr. Elarionoff Approved: PWIRC-34 Deferred: December 19, 2001 and Hawaii County Council Page 3 February 2l, 2002 Comm. 370.10: From Public Works and Intergovernmental Relations Committee Chair Leningrad Elarionoff, dated February 1 1, 2002, transmitting Pill 225, Draft 5, that incorporates several Councilmembers' suggestions; and Bill 225: Amends Chapter 22, of the Hawaii County Code 1983 (1995 Edition), relating to (Draft 5) Streets and Sidewalks. {Draft 5 of this bill makes numerous changes to Draft 4 as noted on table entitled "Amendments". Most of the changes correct drafting errors or modify language to conform to previous changes.} Bill 154: Amends Section 25-8-3 (North Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classifcation from Agriculture! (A-Sa) to Neighborhood Commercial (CN-10) at Kalaoa 4`h, North Kona, liawai`i, covered by Tax Map Key 7-3-S:Portions of 32 and 33. {David S. DeLuz, Sr., Enterprises Profit Sharing Plan; applicant.}; Re: Comm. 478 Intr. by: Ms. Leithead-Todd (B/R) Approved: PC-58 Deferred: February 6, 2002 and Comm. 478.1: From Planning Committee Chair Bobby Jean Leithead-Todd, dated February 13, 2002, transmitting Bill 154, Draft 2; and Bill 154: Amends Section 25-8-3 (North Kona District Zone Map), Article 8, Chapter 25 (Draft 2) (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-Sa) to Neighborhood Commercial (CN-10) at Kalaoa 4'~, North Kona, Hawaii, covered by Tax Map Key 7-3-S:Portions of 32 and 33. (Amends Condition L to include language which clearly identifies a portion of the subject property as the site for the Kalaoa regional fire and police substation.) {David S. DeLuz, Sr., Enterprises Profit Sharing Plan; applicant.} Bill 164: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2002. {Appropriates revenues of $792 in the Federal Grants -Hawaii County Police Department (I~ICPD) Pedestrian Safety account; and appropriates same to tl~, HCPD Pedestrian Safety account.} Re: Comm. 494 Intr. by: Mr. Chung Approved: FC-183 Hawaii County Council Page 4 February 21, 2002 Bill 165: Amends Ordinance No. O1 55, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2002. {Appropriates revenues of $375 in the Federal Grants -Speed Enforcement account; and appropriates same to the Speed Enforcement account.} Re: Comm. 495 Intr. by: Mr. Chung Approved: FC-184 Bill 166: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2002. {Appropriates revenues of $24,000 in the Federal Grants -Alcohol Reconstructionist account; and appropriates same to the Alcohol Reconstructionist account.} Re: Comm. 496 Intr. by: Mr. Chung Approved: FC-185 Bill 167: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2002. {Appropriates revenues of $37,618 in the Federal Grants -Hawaii County Police Department (HCPD) In-Car Video Equipment account; and appropriates same to the HCPD In-Car Video Equipment account.} Re: Comm. 497 Intr. by: Mr. Chung (B/R) Approved: FC-186 Bill 168: Amends Ordinance No. 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 AND RECREATION Ahalanui/Pohoiki Bay Park Improvements Project ($1,071,235); funds to be provided by General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($1,071,235).} Re: Comm. 502 Intr. by: Mr. Safarik Approved: FC-187 Bill 171: Amends Ordinance No. 01-1 16, which amended the State Land Use Boundaries Map, H-14 for the County of Nawai`i, by changing the district classification from the Agricultural to the Rural District at `Ouli, Waimea, South Kohala, I Iawai`i, covered by Tax Map Key 6-2-05:18. {Jacinth and Yvonne Deluz; applicant.} Re: Comm. 368.3 Intr. by: Ms. Leithead-Todd Waived: PC Hawaii County Council Page 5 February 21, 2002 Bill 172: Amends Ordinance No. 02 2, which amended the State Land Use Boundaries Map, H-14 for the County of Hawaii, by changing the district classification from the Agricultural to the Rural District at `Ouli, Waimea, South Kohala, llawaii, covered by Tax Map Key 6-2-11:15. {Henry Clinton and Sandie H. Williams; applicant.} Re: Comm. 412.3 Intr. by: Ms. Leithead-Todd Waived: PC ORDER OF TFIE DAY (SECOND OR FINAL READING) (NOT)C: There is a pend$nt; rnotioa~ by 1dls. Leithead-Todd and duly seconded by iallr. Ya~gong to araaerAd lgiill 195, Drafft 4, ~~~ith proposed Dill€ 195, Drafft 5.) Bill 195: Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning (Draft 4) Code) ofthe Hawaii County Code, by changing the district classification from (2001) Agricultural (A-20a) to Industrial-Commercial Mixed Use (MCX-2£3) at Kea`au, Puna, Hawaii, covered by Tax Map Key 1-06-03:Portion of 7; {W.11. Shipman, Ltd., applicant}; Re: Comm. 27.17 Intr. by: Ms. Leithead-Todd 1" Reading: February 22, 2001 Deferred: March 9, 2001; October 10, 200 I ; Februar}' 6, 2002 and Comm. 27.56: From Planning Committee Chair Bobby Jean Leithead-Todd, dated January 23, 2002, transmitting Bill 195, Draft 5; and Hawaii County Council Page 6 February 21, 2002 Bill 195: Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Draft 5) (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-20a) to Industrial-Commercial ;~>!{ixed Use (M X-20) at Kea`au, Puna, Hawaii, covered by Tax Map Key 1-OCR-03:Portion of 7; {W.Fi. Shipman, Ltd., applicant; The amendments from Draft 4 to L-craft 5 are as follows: 1) Condition E. Deletes the last sentence "Landscaping sh:a.ll also be indicated on the plans and be provided for the purpose of mitigating any adverse noise or visual impacts to adjacent properties."; 2) Condition F. Inserts Isnguage to establish goals for the overall master design guideline plan, and to b~tablish a minimum fifty-foot setback from the Volcano 1-lighway to the buildings; 3) Condition G. Inserts language to establish and achieve the goals for the landscaping master plan; 4) Condition M. States Connector Road 2 shall be completed <°Yithin one year instead of two years of final subdivision approval for any portion of Phase 1; and 5) Condition N. Deletes the existing language that specifies Connector Roads 1 and/or 2 be constructed at the County's expense, if the County detet-i~iines it should be built ahead of schedule. Inserts language allowing Connector Road 2 to be constructed by the applicant prior to the development schedule, if thu County Department of Public Works determines that the Road A/Volcano 19ighway/Kea'au Bypass intersection is being adversely impacted.}; and Comm. 27.18: From Erik Birkholm, Aina Hawaii Realty, dated February 22, 2001; and Comm. 27.53: From Vice Chair J. Curtis Tyler, 111, dated May 17, 2001, transmitting a memorandum from Deputy Corporation Counsel Pat O°Toole; and Comm. 27.54: From Public Works Director Dennis K. W. Lee, P.E., dated September 27, 2001; and Comm. 27.55: From Laura Brezinsky, dated October 10, 2001. Bill 150: Amends Ordinance No. OI-56, as amended, relating to Public Improvements and (Draft 2) Financing thereof for the fiscal year July 1, 2001, to June 30, 2002. {Adds the ENVIRONMENTAL MANAGEMENT Pahoehoe Sewage Pump Station - State Revolving Fund ($231,402.27); funds for this project shall be provided from Fund Balance -State Revolving Fund.} Re: Comm. 472.1 Intr. by: Mr. Chung 151 Reading: February 6, 2002 Hawaii County Council Page 7 February 21, 2002 Bill 152: Amends Ordinance No. 96-1 17, which amended Section 25-95A (North and (Draft 2) South Kohala Districts Zone Map) and Section 25-95E (Lalamilo-Puukapu Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, and Ordinance No. 92-65 by changing the district classification from Agricultural (A-40a) and (A-3a); Single Family Residential (RS-7.5), (RS-10), (RS-15) and (RS-20); Double Family Residential (RD-5); Multiple Family Residential (R1!~~-2) and (RM-3); Village Commercial (CV-7.5); and Limited Industrial (ML-20) to ~~aricultural (A- 40a), Residential and Agricultural (RA-la), Single Family Residential (RS-7.5) and (RS-10); Multiple Family Residential (RM-5.0); Village Commercial (CV-7.5); and Limited Industrial (ML-20) at `Ouli, Lanikepu, Lalamilo, Waikoloa and Puukapu, Waimea, Soutli Kohala, Hawaii, covered by Tax Map Key 6-2-01:9; 6-7-O1:Portion of 25; 6-7-02:9, 48, and Portion of 17; and 6-8-O1:Portions of 1 and 8. {County of Hawaii Department of Parks and Recreation, applicant; amends Condition G to provide flexibility in determining the location of the park and recreational purposes outside of the geographical area covered by ordinance.}; Re: Comm. 477.1 Intr. by: Ms. Leithead-Todd 15' Reading: February 6, 2002 and Comm. 477.2: From Planning Committee Chair Bobby Jean Leithead-Todd, dated Februayy~ 12, 2002. Bill 153: Amends the State Land Use Boundaries Map, H-7 for the County of Hawaii, by changing the district classification from the Agricultural to the Urban District at Kalaoa 4'h, North Kona, Hawaii, covered by Tax Map Key 7-3-5: Portions of 32 and 33. {David S. DeLuz, Sr., Enterprises Profit Sharing Plan; applicant. } Re: Comm. 478 Intr. by: Ms. Leithead-Todd (B/R) 1" Reading: February 6, 2002 Bill 155: Amends the State Land Use Boundaries Map, H-14 for the County of Hawaii, by changing the district classification from the Agricultural to the RuraE District at 'Ouli, South Kohala, liawai`i, covered by Tax Map Key 6-2-1 1:8. {Phil Delmer, applicant.} Re: Comm. 479 Intr. by: Ms. Leithead-Todd (B/R) I" Reading: February 6, 2002 Hawaii County Council Page 8 February 21, 2002 Bill 156: Amends Section 25-8-7 (North and South Kohala District Zone Map), Article 8, (Draft 2) ChaptcA 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) at `Ouli, South Kohala, Hawaii, covered by Tax Map Key 6-2-1 1:8. {Phil Delmer, applicant.} Re: Comm. 479.1 Intr. by: Ms. Leithead-Todd 1 S` Reading: February 6, 2002 Bill 161: Amends Ordinance No. 01-56, as amended, relating to Public Improvements and Financing thereof for the fiscal year July 1, 2001, to June 30, 2002. {Adds the PUBLIC WORKS Kawailani Street Bridge Replacement Project Federal ($640,000) and State ($500,000); funds for this project shall be provided frc>rn Federal Grants Receivable ($640,000) and State Grants Receivable ($500,0€0). } Re: Comm. 483 Intr. by: Mr. Arakaki I S` Reading: February 6, 2002 Bill 169: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2002. {Appropriates revenues of $1,Q00,000 in the Housing Assistance Payments, Housing account; and appropriates same to the Housing Subsidies, Housing account.} Re: Comm. 505 Intr. by: Mr. Safarik I" Reading: February 6, 2002 REPORTS FC Rept. 181: Recommends the confirmation of Mr. James U. C. Low to the Hawaii County Tax (C-500) Board of Review. PC Rept. 62: Recommends the approval of the appointment of Mr. George D. Curtis to tlzc Hawaii (C-503) County Board of Appeals. PWIRC Recommends the inclusion of House Bill 1256 in the Hawaii State Association of Rept. 39: Counties (HSAC) 2002 Legislative Package; and (C-501) Comm. 501. I From HSAC V ice President J. Curtis Tyler, III, dated February 13, 2002. FC Rept. 182: Recommends the acceptance of the post-audit Financial Report of the County of (C-462) Hawaii for the Fiscal Year ended June 30, 2001, and Management Letter dated October 26, 2001, as prepared by KPMG LLP. Hawaii County Council Page 9 February 21, 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.) Comm. 516: EXECUTIVE SESSION - HELCO CLAIM From Deputy Corporation Counsel Michael S. Kagami, dated February 13, 2002. Comm. 517: EXECUTIVE SESSION -COUNTY EMPLOYEE REQUEST FOR COUNSEL From Deputy Corporation Counsel Michael S. Kagami, dated Febru;~~y 13, 2002. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS THURSDAY, MARCH 7, 2002 COMMITTEES TBA COUNCILROOM FRIDAY, MARCH 8, 2002 COUNCIL 9:00 a.m. COUNCILROOM THURSDAY, MARCH 14, 2002 SPECIAL F[NANCF. COMMITTEE 9:00 a.m. COUNCILROOM (DEPARTMENTAL REVIEWS OF BUDGETS) FRIDAY, MARCH 15, 2002 SPECIAL FINANCF_, COMMITTEE 9:00 a.m. COUNCILROOM (DEPARTMENTAL REVIEWS OF BUDGETS) Hawaii County Council Page 10 February 21, 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. 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 I-fawai`i County Services Office at 75-5706 Kuakini H<ghway, Suite 103, Kailua-Kona, 1-lawai`i 96740; at the O;~ice of the County Clerk at 25 Aupuni Street, (-lilo, 3iavz~ai`i 96720; and the County Council's Kona Branch Office at 77-6399 Nalani Street, Suite 104, Kailua-Kona, Ilawai`i 96740. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, February 27, 2002, at 6 p.rn.; Sunday, March 3, 2002, at 10:30 a.m.; and Wednesday, March 6, 2002, at 6 p.m.