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HomeMy WebLinkAboutAGE COUNCIL 05/01/2002 2000-2002 JAMES Y. ARAKAKI ~'4~•°6 "'~a4 AARON S.Y. CHUNG Chairmanc4c PresidingQ~~cer ~ •~Idi~i LENINGRAD ELARIONOFF e ~Q JULIE JACOBSON J. CURTIS TYLER, 111 BOBBY JEAN LEITHEAD-TODD !'iceC'hairman ~~''s`` NANCY PISICCHIO rt os°ae~'~ GARY SAFARIK DOMINIC YAGONG COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 35`h Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, May 1, 2002 , 9:00 a.m. k INVOCATION Father Albert Parajes of St. Joseph Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 20, 2002 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County Council-35 Page 2 May 1, 2002 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 597: PROPOSED 2002-03 HAWAI`1 STATE ASSOCIATION OF COUNTIES (HSAC) SLATE OF OFFICERS, NATIONAL ASSOCIATION OF COUNTIES (NACO) BOARD MEMBERSHIP, AND WESTERN INTERSTATE REGION (WIR) BOARD MEMBER From Councilmember J. Curtis Tyler, Ill, dated April 15, 2002, requests the approval of the proposed slates as follows: (1) HSAC slate of officers: President - J. Curtis Tyler, III (Hawai`i County), Vice President - Dain Kane (Maui County), Secretary - Gary Okino (City & County of Honolulu), and Treasurer -James K. Tokioka (Kauai County); (2) NACo Board member slate of officers: G. Riki Hokama (Maui County), James K. Tokioka (Kauai County), and J. Curtis Tyler, III, Minority-at-Large board member; WIR Board member slate: Gary Okino (City & County of Honolulu). Waived: PWIRC STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 336-98: Naming of a street in the County of Hawaii, State of Hawaii. (1998) {Beers Road -located in the Ka`auhuhu - Kahei Homesteads, North Kohala, Hawaii, Tax Map Key 5-5-2:1.} Re: Comm. 1 Ol 5 Intr. by: Ms. Leithead-Todd (B/R) Filed: PC-73 Res. 189-02: Supports the "no raise" message of the County Administration to public employee organizations. Re: Comm. 568 Intr. by: Mr. Yagong Negative: FC-214 Hawaii County Council-35 Page 3 May 1, 2002 Res. 190-02: Naming of streets in the County of Hawaii, State of Hawaii. (Draft 2) {Beers Road, Hala`ula-Maulili Road, Hall Road, Ho`ea Road, Honoipu-Pu`uhue Road, Honomaka`u Road, Hook Road, Hualua Road, `Ilikini Road, Tole Road, Kamehameha Park Road, Kapa`a Park Road, Kapa`au Road, Kynnersley Road, Lincoln Avenue, Mahukona Park Road, Maliu Road, Pu`uhue Road, Union Mill Road, `Upolu Road - located within the North Kohala District, Hawaii.}; Re: Comm. 574. l Intr. by: Ms. Leithead-Todd Approved: PC-74 and Comm. 574.2: From Henry A. Ross, dated April 17, 2002. Res. 191-02: Naming of streets in the County of Hawaii, State of Hawaii. {Polinahe Way -located within the Ali`i Kehau Subdivision, North Kona, Hawaii, Tax Map Key 7-3-059 (formerly 7-3-005:009).} Re: Comm. 575 Intr. by: Ms. Leithead-Todd Approved: PC-75 Res. 192-02: Naming a street in the County of Hawaii, State of Hawaii. {Konawaena School Road -located in Onouli and Kalukalu, South Kona, Hawai`i.} Re: Comm. 576 Intr. by: Ms. Leithead-Todd Approved: PC-76 Res. ]93-02: Naming of streets in the County of Hawaii, State of Hawaii. (Draft 2) {Road A, La`aloa Avenue; Road B, Ho`olaupa`i Street; Road C, Mahiehie Street; Road D, Lupalupa Way; Road E, Ho`ohonua Court; Road F, Ho`oilina Court; Road G, Ko`ako`a Street; Road H, Queen Kalama Avenue -located within the Keauhou View Estates Subdivision, Unit I Phases IV, V & VI, Pahoehoe 3rd & 4th, La`aloa Ist & 2nd, Kapala`alaea Ist, North Kona, Hawaii, Tax Map Keys: (3)7-7-026:027 & 7-7-025:Por. 080.} Re: Comm. 577.1 Intr. by: Ms. Leithead-Todd Approved: PC-77 Hawaii County Council-35 Page 4 May 1, 2002 Res. 194-02: Naming of streets in the County of Hawaii, State of Hawaii. {Kahauloa Road, Kahauloa Street, Manini Beach Road -located within the Kahauloa House Lots Subdivision, Kahauloa 1st, South Kona, Hawai`i.} Re: Comm. 578 Intr. by: Ms. Leithead-Todd Approved: PC-78 Res. 195-02: Authorizes the acceptance of a donation of three (3) pairs of Amazon Parrots and their enclosures to the Department of Parks and Recreation for the Pana'ewa Rainforest Zoo. {Estimated total value of $14,100, from Mr. Jack Armstrong and Ms. Sherrie Moore.} Re: Comm. 584 Intr. by: Mr. Chung Approved: FC-216 Res. 196-02: Authorizes the Office of the Mayor to enter into an agreement with the State of Hawaii Department of Health, pursuant to HRS 46-7, for an Emergency Medical Services (EMS) Childhood Injury Prevention Grant. Re: Comm. 585 Intr. by: Mr. Chung Approved: FC-217 Res. 205-02: Authorizes the Corporation Counsel, and his authorized representatives, to enter into an agreement with the individually named parties, who are employees of the County of Hawaii, to represent them in the civil action entitled Sergio Afanasenko vs. County of Hawai 'i, Tony Enriquez, Donald Watson, et al., Civil No. 99-529. Re: Comm. 596 Intr. by: Mr. Chung Waived: FC Res. 206-02: Authorizes the Mayor of the County of Hawaii to execute and submit the 2002 Action Plan and all other related documents to the United States Department of Housing and Urban Development for the 2002 Community Development Block Grant and to the State's Housing and Community Development Corporation of Hawaii for the HOME Investment Partnerships Programs. Re: Comm. 603 Intr. by: Mr. Safarik Approved: CHA -April 17, 2002 Hawaii County Council-35 Page 5 May 1, 2002 BILLS FOR ORDINANCES (FIRST READING) Bill 202: 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, South Kohala, Hawaii, covered by Tax Map Key 6-2-1 1:26. {Thomas C. and F. Ann Hill, applicant.} Re: Comm. 573 Intr. by: Ms. Leithead-Todd Approved: PC-79 Bill 203: Amends Section 25-8-7 (North and South Kohala District Zone Map). Article 8, Chapter 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 1:26. {Thomas C. and F. Ann Hill, applicant.} Re: Comm. 573 Intr. by: Ms. Leithead-Todd Approved: PC-80 Bill 204: Amends Chapter 25 (Zoning Code) of the Hawaii County Code relating to de minimis structure position discrepancy. Re: Comm. 579 Intr. by: Ms. Leithead-Todd Approved: PC-81 Bill 206: 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 $2,000 in the Federal Grants -Emergency Medical Services Childhood Injury Prevention account; and appropriates same to the Emergency Medical Services Childhood Injury Prevention account.} Re: Comm. 585 Intr. by: Mr. Chung Approved: FC-218 Bill 207: 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. {Increases the appropriation of PUBLIC WORKS Puainako Street Extension -Federal account from [$410,000] to 6 410 000; to be provided from Federal Grants Receivable account ($6,000,000).} Re: Comm. 586 Intr. by: Mr. Chung Approved: FC-219 Hawaii County Council-35 Page 6 May 1, 2002 Bill 210: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2002. {Increases revenues of $37,244.70 in the Block Grant Program [ncome account: and appropriates same to the Removal of Architectural Barriers account.} Re: Comm. 600 Intr. by: Mr. Safarik Approved: CHA -April 17, 2002 Bill 21 1: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2002. {Increases revenues in the following accounts: Federal - 2002 HOME Program account ($963,000) and HOME Program Income account ($8,695), for a total amount of $971,695; appropriates same to the following accounts: Assisted Living Project account ([$15,000]), County of Hawaii Tenant-Based Rent Assistance account ([$28,000]), County of Hawaii Tenant-Based Rent Assistance ([$648,305]), Kamuela Senior Housing account ($691,305), Kamuela Senior Housing account ($208,695), Pu`ukapu Self-Help Housing ($700,000), and Office of Housing and Community Development Administration account ($63,000), for a total amount of $971,695.} Re: Comm. 601 Intr. by: Mr. Safarik Approved: CHA -April 17, 2002 Bill 212: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2002. {Increases revenues in the following accounts: Federal -Block Grant account ($2,304,000) and Block Grant Program Income account ($8,400); for a total amount of $2,312,400; appropriates same to the following accounts: Acquisition-Hale Ohana Domestic Abuse Shelter account ($289,000), Residential Emergency Repair Program account ($300,000), Removal of Architectural Barriers-Americans with Disabilities Act Compliance-Various County Facilities account ($643,400), Removal of Architectural Barriers-Americans with Disabilities Act Compliance-Curb Cuts/Ramps account ($800,000), Public Facilities-Direct Cost Construction Management account ($80,000), and Administration, Planning & Fair Housing account ($200,000), for a total amount of $2,312,400.} Re: Comm. 602 Intr. by: Mr. Safarik Approved: CHA -April 17, 2002 Hawaii County Council-35 Page 7 May 1, 2002 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 192: 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 4th, North Kona, Hawaii, covered by Tax Map Key 7-3-5:95 and portion of 31. {David S. De Luz Sr., Enterprises Profit Sharing Plan, applicant.} Re: Comm. 552 Intr. by: Ms. Leithead-Todd 151 Reading: April 17, 2002 Bill 193: Amends Section 25-8-3 (North Kona District Zone Map), Article 8, Chapter 25 (Draft 3) (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-Sa) and Single Family Residential (RS-10) to Single Family Residential (RS-20) at Kalaoa 4th, North Kona, Hawaii, covered by Tax Map Key 7-3-5:95, portion of 85 and portion of 31. {David S. De Luz Sr., Enterprises Profit Sharing Plan, applicant.} Re: Comm. 552.2 Intr. by: Ms. Leithead-Todd 151 Reading: April 17, 2002 Bill 194: 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 4th, North Kona, Hawaii, covered by Tax Map Key 7-3-5:30. {Ellen M. Garver, applicant.} Re: Comm. 553 Intr. by: Ms. Leithead-Todd 151 Reading: April 17, 2002 Bill 195: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) (Draft 2) of the Hawaii County Code, by changing the district classification from Agricultural (A-5a) to Single Family Residential (RS-20) at Kalaoa 4th, North Kona, Hawaii, covered by Tax Map Key 7-3-5:30. {Ellen M. Garver, applicant.} Re: Comm. 553.1 Intr. by: Ms. Leithead-Todd 15, Reading: April 17, 2002 Hawaii County Council-35 Page 8 May 1. 2002 Bill 198: 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 $230,900 in the Federal Grants -Hawaii Impact Grant account; and appropriates same to the Hawaii Impact Grant account.} Re: Comm. 558 Intr. by: Mr. Chung 1" Reading: April 17, 2002 Bill 199: Amends Chapters 20 and 21 of the Hawaii County Code 1983 (1995 Edition), to replace references to the Department of Public Works with the Department of Environmental Management, and to add definitions of Environmental Management Commission. Re: Comm. 566 Intr. by: Mr. Yagong ls' Reading: April 17, 2002 Bill 205: Amends Chapter 22, of the Hawaii County Code 1983 (1995 Edition), relating to Streets and Sidewalks. (This bill proposes significant changes to Chapter 22, Hawaii County Code, "Streets and Sidewalks". This bill repeals the chapter and replaces it with an amended and reorganized chapter consisting of nine articles. The bill contains virtually the same substance as Bill 225, Draft 6 [please refer to the previous Council agendas dated December 19, 2001; February 21, 2002; and March 8, 2002J, vetoed by the Mayor on March 25, 2002, because of concerns relating to building numbering and penalties. This bill differs from Bill 225, Draft 6, as follows: 1) deletion of final paragraph of purpose and intent clause; 2) deletion of Article 5, Division 2, on Building Numbering; 3) deletion of minimum administrative fine in §22-8(c)(4) & (5); 4) deletion of misdemeanor criminal fine; 5) addition of subsection to decriminalize violations of Article 3, "Use of County Streets"; and 6) deletion of sections creating liens on properties resulting from unpaid fines and costs.); Re: Comm. 580 Intr. by: Mr. Elarionoff ls' Reading: April 17, 2002 and Comm. 580.2: From Councilmember Bobby Jean Leithead-Todd, to Mayor Harry Kim, dated April 17, 2002, transmitting a copy of a letter from Charles Hanson, dated April 15, 2002; and (Comm. 580.3 is continued on the next page.) Hawaii County Council-35 Page 9 May 1, 2002 Comm. 580.3: From Councilmember Leningrad Elarionoff, to Mayor Harry Kim, dated April 17, 2002, transmitting copies of testimony from Clyde Nagata (Hawai`i Electric Light Company), dated April 17, 2002, and Paul Oshiro (Verizon Hawai`i), dated February 28, 2002; and Comm. 580.4: From Mayor Harry Kim, dated April 20, 2002, responding to Councilmember Elarionoff's April 17, 2002, letter. REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the month ended REPORT: March 31, 2002. FC Rept. 215: Recommends the acceptance of a $232 donation from the Potluckers Golf Club (for the (C-583) Pana'ewa Rainforest Zoo). 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. 144.5: EXECUTIVE SESSION - UPW VS. COUNTY OF HAWAI`[, ET AL. CIVIL NO. 98-244 (PRIVATIZATION OF JANITORIAL AND GROUND MAINTENANCE WORK) From Corporation Counsel Lincoln S. T. Ashida, dated April 19, 2002. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council-35 Page 10 May 1, 2002 ANNOUNCEMENTS TUESDAY, MAY 14, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, MAY 15, 2002 COUNCIL 9:00 a.m. COUNCILROOM COUNCIL PUBLIC HEARING 5:00 p.m. COUNCILROOM (REAL PROPERTY TAX RATES) THURSDAY, MAY 16, 2002 COUNCIL PUBLIC HEARING 6:00 p.m. ROYAL KONA RESORT (REAL PROPERTY TAX RATES) DISCOVERY ROOM WEDNESDAY, MAY 29, 2002 PLANNING COMMITTEE 9:00 a.m. COUNCILROOM GENERAL PLAN WORKSHOP STATEMENTS FROM THE PUBLIC ADJOURNMENT (Note: BIR, 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 April 29, 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 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, May 8, 2002, at 6 p.m.: Sunday, May 12, 2002, at 10:30 a.m.; and Wednesday, May 15, 2002, at 6 p.m.