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HomeMy WebLinkAboutAGE COUNCIL 08/28/2002 2000-2002 .TAMES Y. ARAKAKI a'YO•`"4 AARON S.Y. CFIUNG ('han•munc~ /'residingO%Jrcer 1n~4 LENINGRAD ELARIONOFF JULIE JACOBSON J. CURTIS TYLER, 111 BOBBY JEAN LEITHEAD-TODD o. a4 ~r''°~°° NANCY PISICCHIO Dice (~huir'mun ~s••, yr~.",. GARY SAFARIK DOM[NIC YAGONG COUNTY COUNCIL County o~'Hux~ai `i Hax~ui'i County Building 25 Aupuni Street Hilo, Hux~ui'i 96720 43`~ Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, August 28, 2002 9:00 a.m. INVOCATION Pastor Paul Mcllroy of the Kea`au Bible Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones. pagers, and other mobile communication devices on silent mode.) Hawaii County Council-43 Page 2 August 28, 2002 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM TIdE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 227-02: Authorizes the finance director to sell the County of Hawaii office spaces within the Hilo Lagoon Centre by negotiation. This authorization is in addition to that provided in Resolution 167-02, which authorized disposal by auction and sealed bids. Re: Comm. 485.4 Intr. by: Mr. Chung Approved: FC-251 Res. 228-02: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for amulti-year lease for a copy machine. {A five-year lease for the Department of Civil Service.} Re: Comm. 709 Intr. by: Mr. Chung Approved: FC-256 Res. 229-02: Authorizes the Corporation Counsel, and his authorized representatives, to enter into an agreement with the individually named parties, who are employees or former employees of the County of Hawaii, to represent them in the civil action entitled Richurd Adam vs. Wayne Carvalho, individuully and in his cupacity uti~ Chief of Police . for the County of Ha~~ai 'i and Stanley Haanio, individually and in his capucity us u police qff cer for the County of Hcnvai `i, Civil No. 98-00528 HG. Re: Comm. 715 Intr. by: Mr. Chung Waived: FC Res. 234-02: Transfers/appropriates an appropriation out and from the designated fund account(s) and credits same to a designated fund account(s). {Transfers/appropriates $143,299 out and from the Clerk-Council Services- Contingency Relief account; credits $132,249 to the Parks & Recreation-Parks Repair & Maintenance & Improvements, Miscellaneous Contract Service account and $1 1,050 to the Clerk-Council Services -Reprographics, Rental/Lease of Equipment account, for a total amount of $143,299.} Re: Comm. 724 Intr. by: Mr. Chung Waived: FC Hawaii County Council-43 Page 3 August 28, 2002 BILLS FOR ORDINANCES (FIRST READING) Bill 195: Planning Director initiated amendment to the County of Hawaii General Plan, Section (1998) 6 of Ordinance No. 89-142, as amended by Ordinance No. 90-71, relating to the General Plan amendment procedures. (The purpose of this bill is to make the amendment procedures more understandable and also to amend the procedures to make it consistent with the County Charter.} Re: Comm. 701 Intr. by: Ms. Leithead-Todd Filed: PC-103 Bill 23 I : 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 Hienaloli 2"`~, North Kona, Hawaii, covered by Tax Map Key 7-5-10:Portion of 65 (Approximately 9.746 acres). {Gomes Family Limited Partnership, applicant.} Re: Comm. 674 Intr. by: Ms. Leithead-Todd Approved: PC-100 Bill 232: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) (Draft 3) of the Hawaii County Code, by changing the district classification from Agricultural (A-Sa) to Single Family Residential (RS-20) at Hienaloli 2"d, North Kona, Hawaii, covered by Tax Map Key 7-5-10:Portion of 65 (Approximately 9.746 acres). {Gomes Family Limited Partnership, applicant.} {Draft 3 amends Condition G relating to interior roadways and adds a Condition M relating to wastewater.} Re: Comm. 674.10 Intr. by: Ms. Leithead-Todd Approved: PC-101 Bill 244: Amends Section 25-8-3 (North Kona "Lone Map), Article 8, Chapter 25 (Zoning Code) (Draft 2) of the Hawaii County Code, by changing the district classification from Open (O) to Industrial-Commercial Mixed District (MCX-1 a) at Kaloko, North Kona, Hawaii, covered by Tax Map Key 7-3-51:60 (Approximately 102.272 acres). {TSA Corporation, applicant.} {Draft 2 amends SECTION 2 by modifying findings relating to conditions; amends Condition E to delete duplicative words; amends Condition F relating to roadway requirements; amends Condition I relating to solid waste; and amends Condition J for clarification purposes.} Re: Comm. 690.1 Intr. by: Ms. Leithead-Todd Approved: PC-102 Hawaii County Council-43 Page 4 August 28, 2002 Bill 248: Initiates a charter amendment of the Hawaii County Charter (2000), relating to the organization of the Council; officers; employees. {Amends Section 1, 3-6(c) which designates the number of positions Councilmembers shall appoint and said personnel be exempt from civil service and the position classification plan; and Section 1, 3-6(d) which designates the Legislative Auditor he allowed to appoint and employ two non-civil service positions and the legislative analyst position, which shall be subject to civil service laws and classifications. } Re: Comm. 697 Intr. by: Mr. Yagong Filed: FC-252 Bill 249: Amends Ordinance 02-77, as amended, relating to Public Improvements and financing thereof for the fiscal year July 1, 2002 to June 30, 2003. {Adds PARKS AND RECREATION -Playground Equipment at Pahoa Elementary School project (40,000); funds to be provided from General Obligation Bonds, Capital Projects, Fund-Fund Balance and/or Other Sources ($40,000).; Re: Comm. 701 Intr. by: Mr. Safarik Approved: FC-253 2/3 Vote: Section 10-6(d), Hawai' i County Charter Bill 250: 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 - Pohakealani Road Culvert project ($200,000); funds to he provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($200,000).} Re: Comm. 704 Intr. by: Mr. Chung Approved: FC-254 2/3 Vote: Section 10-6(d), Hawai' i County Charter Bill 252: Amends Chapter I5, Article 17, of the Hawaii County Code 1983 ((995 Edition), relating to Veterans Advisory Committee adding Military Order of the Purple Heart and deleting Subsection (g). {The Military Order of the Purple Heart, Hilo Chapter #731, in June 2002, received its recognition charter to congressionally chartered Military Order of the Purple Heart of the United States of America, Inc. Recognizing this newly chartered veterans organization, they would like to increase membership of the Veterans Advisory Committee to 16 in order to include a representative of the Military Order of the Purple Heart. Furthermore, deletes Subsection (g) of Section 15-62 which is no longer necessary. } Re: Comm. 708 Intr. by: Mr. Yagong Approved: PEMC-18 Nawai'i County Council-43 Page 5 August 28, 2002 Bill 253: 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 -Kawailani Street Bridge Replacement project -Federal ($5,000,000)/Kawailani Street Bridge Replacement -State ($1,000,000); funds to be provided from Federal Grants Receivable ($5,000,000)/State Grants Receivable ($1,000,000). } Re: Comm. 710 Intr. by: Mr. Arakaki Approved: FC-257 2/3 Vote: Section 10-6(d), Hawai`i County Charter ORDER OF THE DAY (SECOND OR FINAL READING) Bill 305: Amends Chapter 2, Article l5, Hawai'i County Code, as amended, relating to the Code (Draft 4) of Ethics. {Follows the language contained in the State Code of Ethics. Draft 4 (2000) reinserts provisions requiring fair, courteous and impartial treatment by County employees and officers.} Re: Comm. 686.4 Intr. by: Ms. Leithead-Todd Deferred: September 7, 2000 1 Reading: August 14, 2002 Bill 228: Amends Chapter 19, Article 1 I, Section 19-90(g), Hawaii County Code 1983 (1995 Edition) relating to the Minimum Tax. {Raises the minimum of the Homeowners Class from $25 to $100. Allows a property owner receiving a Home Exemption or Totally Disabled Veteran Exemption that results in the minimum tax, and the assessed value of improvements is less than or equal to $75,000 to have a minimum tax of $75, $50 or $25, depending on the value of improvements. } Re: Comm. 653 Intr. by: Mr. Chung (B/R) Deferred: July 3, 2002 1" Reading: July 31, 2002 and Comm. 653.2: From George E. Seebart, dated July 25, 2002; and Comm. 653.3: From Carol Kelly, dated August 8, 2002; and Comm. 653.4: From Nancy Crawford, dated August 13, 2002; and Comm. 653.5: From Roy K. Solomon, dated August 1 I , 2002. Hawaii County Council-43 Page 6 August 28, 2002 Bill 240: Amends Section 25-8-33 (City of Hilo Zone Map) Article 8, Chapter 25 (Zoning Code) (Draft 2) of the Hawaii County Code, by changing the district classification from Limited Industrial (ML-20) to Industrial-Commercial Mixed Use (MCX-20) at Waiakea, South Hilo, Hawaii, covered by Tax Map Key 2-2-32:95 (Approximately 1.641 Acres). {Beatrice C. Choy Family Ltd., applicant.} {Draft 2 includes the following amendments: 1. SECTION 2. Amends the first sentence of SECTION 2 by inserting "standard" language and deletes the last two sentences. 2. SECTION 2. Includes housekeeping amendments in the text of the justification portion.; Re: Comm. 683. I Intr. by: Ms. Leithead-Todd 1 Reading: August 14, 2002 Bill 241: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawaii for the fiscal year ending June 30, 2003. {Appropriates $2,000 from Federal Grants -EMS for Children; credits same to the EMS for Children -Fed.} Re: Comm. 684 Intr. by: Mr. Chung 1" Reading: August 14, 2002 Bill 243: Amends Section 25-8-2 (North & South Kona District Zone Map), Article 8, (Draft 3) Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-20a) to Family Agricultural (FA-3a) at Kaloko, North Kona, Hawaii, covered by Tax Map Key 7-3-24:1 1 (Approximately 22.176 acres). {Roy E. King, Jr. et. al., applicant.} ;Draft 3 makes a number of amendments to SECTION 2 of the bill: 1) restores language relating to justification for conditions; 2) adds directions for payment for water commitment; 3) clarifies location of forest reserve easement; 4) limits private subdivision roads right-of--way to 20 feet width; 5) deletes provision to allow applicant to take certain actions in-lieu of fair share contribution; and 6) non-substantive changes to conform to above.} Re: Comm. 689.2 Intr. by: Ms. Leithead-Todd 1 Reading: August 14, 2002 Hawaii County Council-43 Page 7 August 28, 2002 Bill 245: Amends Ordinance No. 01-64, which amended Ordinance Nos. 00-105. 99-79 and 94-78, which reclassified lands from Unplanned (U) to Agricultural (A-la) at Puuanahulu Homesteads, North Kona, Hawaii, covered by Tax Map Key 7-1-05:9, 10, 22, 26, 28-34, 39, 40, 41, 58 & 59 (Approximately 425.69 Acres). (Extends completion date of the community park and recreational center to November 30, 2002; extends completion date of volunteer fire station to January 31, 2003.) {Big Island Country Club Estates, applicant.} Re: Comm. 691 Intr. by: Ms. Leithead-Todd 1`' Reading: August 14, 2002 Bill 246: Repeals Ordinance No. 93-65 which amended Section 25-95E, currently Section 25-8-1 1, the Lalamilo-Puukapu Zone Map, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, 1983 (1995 Edition), and changed the district classification from Agricultural (A-Sa) to Neighborhood Commercial (CN-7.5) at Puukapu, Waimea, South Kohala, Hawaii, covered by Tax Map Key 6-4-24:Portion of 27. Upon the repeal of Ordinance No. 93-65, the district classification of the subject area shall be Agricultural (A-Sa) (Approximately 3.101 acres). {Planning Director is initiating the repeal due to noncompliance of conditions of Ordinance 93-65, at the request of the current and prospective landowners.} Re: Comm. 692 Intr. by: Ms. Leithead-Todd I Reading: August 14, 2002 Bill 247: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and (Draft 2) financing thereof for the fiscal year July 1, 2002 to June 30, 2003. {Adds PUBLIC WORKS - Waianuenue Avenue Sidewalk ($50,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources, including the Hawaii Hospital Systems Corporation ($50.000).} Re: Comm. 696.1 Intr. by: Ms. Leithead-Todd I`' Reading: August 14, 2002 2/3 Vote: Section 10-6(d), Hawai'i County Charter REPORTS FC Rept. 255: Recommends the acceptance of a two-toed sloth (estimated value of $4,200) to the (C-707) Department of Parks and Recreation, for educational and display purposes at tl~e Pana`ewa Rainforest Zoo, by the Friends of the Zoo. Hawaii County Council-43 Page 8 August 28, 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. 688: REQUEST FOR LEGAL COUNSEL IN FEP NO. WH-1 1252: EEOC 37B-A2-000157 From Corporation Counsel Lincoln S. T. Ashida. dated July 12, 2002. Deferred: July 31, 2002 Comm. 144.6: UPW V. COUNTY OF HAWAI`l, ET. AL. CIVIL NO. 98-244 (PRIVATIZATION OF JANITORIAL AND GROUND MAINTENANCE WORK) From Corporation Counsel Lincoln S. T. Ashida, dated August 12, 2002. Comm. 720: REGINALU SOUZA V. COUNTY OF HAWAII, CIVIL NO. 02-00059HG/BMK IN THE FEDERAL DISTRICT COURT FOR THE DISTRICT OF HAWAII From Deputy Corporation Counsel Katherine A. Carson, dated August 19, 2002. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS WEDNESDAY, AUGUST 28, 2002 COUNCIL PUBLIC HEARING 5:30 p.m. COUNCILROOM REGARDING BILL 213 AND BILL 220, DRAFT 3 THURSDAY, AUGUST 29, 2002 HUMAN SERVICES & ECONOMIC: 9:00 a.m. COUNCILROOM DEVELOPMENT COMMITTEE HOUSING 10:00 a.m. COUNCILROOM TUESDAY, SEPTEMBER 10, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, SEPTEMBER 1 1, 2002 COUNCIL, 9:00 a.m. COUNCILROOM Hawaii County Council-43 Page 9 August 28, 2002 STATEMENTS FROM TI-IE 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 August 26, 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, September 4, 2002. at 6 p.m.: Sunday. September 8, 2002, at 10:30 a.m.; and Wednesday, September 1 1, 2002, at 6 p.m.