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HomeMy WebLinkAboutAGE COUNCIL 08/23/2000 1998-2000 ~i`~ ..•~i~~ JAMES Y. ARAKAKI Mt~t•gs AARON S.Y. CHUNG Chairman & Presiding Officer LENINGRAD ELARIONOFF JULIE JACOBSON AL SMITH BOBBY JEAN LEITHEAD-TODD Vice Chairman • •«°P°~ NANCY PISICCHIO '~iy~° •HA•~ J. CURTIS TYLER, III DOMINIC YAGONG COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 43rd Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii August 23, 2000 9:00 a.m. CALL TO ORDER ROLL CALL INVOCATION Reverend Francis VVrebanga of the Hilo United Methodist Church APPROVAL OF MINUTES July 7, 2000 STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS Hawaii County Council Page 2 August 23, 2000 PETITIONS, MEMORIALS AND COMMUNICATIONS ORDER OF RESOLUTIONS Res. 304-00: Authorizes the Office of the Mayor to enter into an agreement with the State Organized Crime Drug Enforcement Task Force through the U.S. Department of Justice, Drug Enforcement Administration, pursuant to HRS 46-7, for a OCDETF Grant. {Provides funding for overtime expenses and travel costs incurred during specific investigations and prosecutions. } Re: Comm. 862 Intr. by: Mr. Chung Approved: FC-308 Res. 306-00: Authorizes the County of Hawaii to enter into an agreement with the United States of America, pursuant to HRS 46-7, for a Violence Against Women Grant. {U.S. Department of the Attorney General -Funding for expenses to provide salaries and wages for a Deputy Prosecuting Attorney to prosecute domestic violence against women. } Re: Comm. 873 Intr. by: Mr. Chung Approved: FC-312 BILLS FOR ORDINANCES Bill 214: Amends Chapter 15 of the Hawaii County Code 1983 (1995 Edition), (Draft 3) relating to Parks and Recreation; {Adds/deletes beach parks from list of areas prohibited from removing sand and other materials. } Re: Comm. 680.002 Intr. by: Mr. Yagong (B/R) Approved: PWPC-111 and Comm. 680.003: From Parks & Recreation Director Julie Tulang, transmitting a proposed Draft 4 to Bill 214; and Bi11214: Amends Chapter 15 of the Hawaii County Code 1983 (1995 Edition), (Draft 4) relating to Parks and Recreation {Adds/deletes beach parks from list of areas prohibited from removing sand and other materials. } Hawaii County Council Page 3 August 23, 2000 Bill 264: Amends Chapter 2, Article 15, Hawaii County Code 1983 (1995 Edition), relating to Conflicts of Interest. {Limits Councilmember action on measures that concern individuals and businesses that contributed $100 or more to the campaign fund of the voting member.} Re: Comm. 789 Intr. by: Ms. Jacobson Negative: FC-314 Bi11265: Amends Chapter 2, Article 15, Hawaii County Code 1983 (1995 Edition), relating to Limits on Financial Interests by the Mayor and County Council Members and their immediate families in businesses doing business with the County. {Makes it illegal for the Mayor and County Councilmembers or their immediate families to have $1,000 or more in business interests in a company that does any business with the County. } Re: Comm. 789 Intr. by: Ms. Jacobson Negative: FC-315 Bill 276: Amends Chapter 19, of the Hawaii County Code 1983 (1995 Edition), (Draft 2) relating to Real Property Taxes. {Add a new section to establish a method of valuation of the property of public utilities to enable the County to collect real property taxes from said utilities. Includes provisions relating to: the permissive use of values set forth in annual financial reports to the Public Utilities Commission; definitions; the use of the market approach to determine land values; real property comprising and outside plants; treatment of outside plant property with regard to liens and foreclosure. } Re: Comm. 813.011 Intr. by: Mr. Chung (B/R) Approved: FC-313 Hawaii County Council Page 4 August 23, 2000 Bill 288: Amends Ordinance No. 00-64, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2000 to June 30, 2001. {Adds the following PUBLIC WORKS project: Kealakehe Police Station Upgrade ($122,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($122,000). } Re: Comm. 859 Intr. by: Mr. Chung Filed: FC-305 Bi11290: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2000. {Appropriates $5,890 in the Federal Grants -Community Policing account; and appropriates same to the Community Policing account. } Re: Comm. 861 Intr. by: Mr. Chung Approved: FC-306 Bill 291: Amends Ordinance No. 00-63, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $20,000 in the Federal Grants -Organized Crime Drug Enforcement Task Force account; and appropriates same to the Organized Crime Drug Enforcement Task Force account. } Re: Comm. 862 Intr. by: Mr. Chung Approved: FC-307 Bi11292: Amends Ordinance No. 96-104, which amended Ordinance No. 89-78 (Draft 2) and No. 93-67, which reclassified lands from Single Family Residential (RS-7.5) to Multiple Family Residential (RM-1) zoned district at Kahaluu, North Kona, Hawaii, covered by Tax Map Key 7-8-14:90. {Keauhou Sunset Corporation (formerly LURI Corporation), applicant. } Re: Comm. 866.001 Intr. by: Ms. Leithead-Todd Approved: PC-109 Hawaii County Council Page 5 August 23, 2000 Bill 293: Amends Section 25-8-11 (Lalamilo-Puukapu Zone Map), Article 8, (Draft 2) Chapter 25 (Zoning Code} of the Hawaii County Code, by changing the District classification from Agricultural (A-40a) to Agricultural (A-Sa) at Lanikepu, Waimea, South Kohala, Hawaii, covered by Tax Map Key 6-2-1:91. {K.R.S. Development, Inc., applicant.} Re: Comm. 867.001 Intr. by: Ms. Leithead-Todd Approved: PC-110 Bill 294: Amends Ordinance No. 99-76, which amended Ordinance No. 94-78, which reclassified lands from Unplanned (U) to Agricultural (A-la) at Pu`uanahulu Homesteads, North Kona, Hawaii, covered by Tax Map Keys 7-1-05:9, 10, 22, 26, 28-34, 39, 40, 41, 58 & 59. {Big Island Country Club ~i Estates, applicant.} Re: Comm. 868 Intr. by: Ms. Leithead-Todd Approved: PC-111 Bill 295: Amends Ordinance No. 00-64, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2000, to June 30, 2001. {Adds the following PARKS & RECREATION project: County Parks Wastewater Facilities Upgrade ($109,400); funds for this project shall be provided from State Grants Receivable ($109,400). } Re: Comm. 869 Intr. by: Mr. Chung Approved: FC-309 Bi11296: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $30,250 in the State Grant -Treasury Division Equipment account; and appropriates same to the Treasury Division Equipment account. } Re: Comm. 870 Intr. by: Mr. Chung Approved: FC-310 Hawaii County Council Page 6 August 23, 2000 Bi11298: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $57,336 in the Federal Grants -Violence Against Women account; and appropriates same to the Violence Against Women account. } Re: Comm. 873 Intr. by: Mr. Chung Approved: FC-31l Bill 302: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Increases revenues in the County Housing Revolving Fund, Fund Balance from Prior Year Designated account ($349,784.82); and appropriates to the following County Housing Revolving accounts: Mauna Kea Affordable Housing Revolving ($54,056.87), Colony Associates Housing ($3,391.88), Kona Op Partnership Housing ($2,2552.04), Kona Scenic Lands Housing (1,623.93), Hualalai Properties ($1,594.60), Hualalai Colony 2 ($4,515.14), Kalaoa Vista Subdivision ($850.71), Kula Ridge Subdivision Phase 1 ($1,685.10), Kealoha Subdivision ($36,278.05), Kukio Projects ($238,296.08), Hawaii Land Partnership ($4,940.42).} Re: Comm. 882 Intr. by: Ms. Pisicchio HCHA: 07/26/00 ORDER OF THE DAY Res. 283-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-4-008:014, situate at Kukuau 1st, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension; Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Hawaii County Council Page 7 August 23, 2000 Res. 284-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-006:002, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 285-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-061:037, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 286-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-061:036, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 287-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-061:035, situate at Kukuau 2nd, District of South Hilo, County and State of 1-Iawai`i, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Hawaii County Council Page 8 August 23, 2000 Res. 288-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-061:034, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 289-00: Provides for the acquisition of private property, being portions of Tax Map Key (3)2-5-061:074, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 290-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-061:075, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 291-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-061:076, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 292-00: Provides for the acquisition of private property, being portions of Tax Map Key (3)2-5-061:078, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Hawaii County Council Page 9 August 23, 2000 Res. 293-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-061:079, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 294-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-046:001, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 295-00: Provides for the acquisition of private property, being portions of Tax Map Key (3)2-5-046:009, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 296-00: Provides for the acquisition of private property, being portions of Tax Map Key (3)2-5-046:007, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 297-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-045:014, situate at Kukuau 2nd, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Hawaii County Council Page 10 August 23, 2000 Res. 298-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-045:001, situate at Kaumana, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 299-00: Provides for the acquisition of private property and easements, being portions of Tax Map Key (3)2-5-044:001, situate at Kaumana, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Res. 300-00: Provides for the acquisition of private property, being portions of Tax Map Key (3)2-5-055:045, situate at Kaumana, District of South Hilo, County and State of Hawaii, for the Puainako Street Extension. Re: Comm. 851 Intr. by: Mr. Yagong 1st Reading: August 9, 2000 Bi11279: An Ordinance to amend Ordinance No. 00-63, as amended, the (Draft 2) Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $6,227.24 in the Contribution from Private Source account; and appropriates same to the Fire Protection -Rescue Equipment account. } Re: Comm. 837.001 Intr. by: Mr. Chung 1st Reading: August 9, 2000 Hawaii County Council Page 11 August 23, 2000 Bill 280: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $15,000 in the Federal Grant -Sobriety Checkpoint Expansion account; and appropriates same to the Sobriety Checkpoint Expansion account. } Re: Comm. 838 Intr. by: Mr. Chung 1st Reading: August 9, 2000 Bill 281: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $6,140 in the State Grants - DARE/DOE account; and appropriates same to the DARE/DOE account. } Re: Comm. 840 Intr. by: Mr. Chung 1st Reading: August 9, 2000 Bill 282: 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 6-2-11:36. {Susan & Sheldon Spencer, applicants.} Re: Comm. 843 Intr. by: Ms. Leithead-Todd 1st Reading: August 9, 2000 Bill 283: Amends Section 25-8-7 (North and South Kohala District Zone Map), (Draft 3) 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 6-2-11:36. {Susan and Sheldon Spencer, applicants.} Re: Comm. 843.002 Intr. by: Ms. Leithead-Todd 1st Reading: August 9, 2000 Hawaii County Council Page 12 August 23, 2000 Bill 284: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles & Traffic. {Proposed 35 mph speed limit - Ka`iminani Drive.} Re: Comm. 845 Intr. by: Mr. Tyler 1st Reading: August 9, 2000 Bi11285: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year June 30, 2001. {Appropriates $19,500 in the Federal Grants -Domestic Violence Training account; and appropriates same to the Domestic Violence Training account. } Re: Comm. 855 Intr. by: Mr. Chung 1st Reading: August 9, 2000 Bi11286: Amends Ordinance No. 00-64, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2000 to June 30, 2001. {Adds the following PUBLIC WORKS project: Kilauea Corridor Traffic Signal Upgrade -Federal ($1,600,000); funds for this project shall be provided from Federal Grants Receivable ($1,600,000). } Re: Comm. 856 Intr. by: Mr. Chung 1st Reading: August 9, 2000 Bill 287: Amends Ordinance No. 00-64, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2000 to June 30, 2001. {Adds the following PUBLIC WORKS project: Kinoole Corridor Traffic Signal Upgrade -Federal ($1,600,000); funds for this project shall be provided from Federal Grants Receivable ($1,600,000). } Re: Comm. 857 Intr. by: Mr. Chung 1st Reading: August 9, 2000 Hawaii County Council Page 13 August 23, 2000 Bill 297: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Increases revenues of $40,000 in the Federal Grants, 2000 Housing Preservation Grants account; and appropriates same to the 2000 Housing Preservation account.} Re: Comm. 871 Intr. by: Ms. Pisicchio 1st Reading: August 9, 1000 REPORTS 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. 863: EXECUTIVE SESSION -CLAIM OF SADAO KOGA From Deputy Corporation Counsel Steven Christensen, dated July 20, 2000. Comm. 879: EXECUTIVE SESSION -CLAIM OF LIBERTY MUTUAL INSURANCE CO. From Deputy Corporation Counsel Steven Christensen, dated August 4, 2000. Comm. 889: EXECUTIVE SESSION - FREITAS VS. USCOC OF HAVVAI`I 3, INC.; CIV. #97-567 From Deputy Corporation Counsel Scott Leithead, dated August 14, 2000. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council Page 14 August 23, 2000 ANNOUNCEMENTS WEDNESDAY SEPTEMBER 6 2000 COMMITTEES TBA COUNCILROOM THURSDAYti SEPTEMBER 7, 2000 COUNCIL 9:00 a.m. COUNCILROOM TUESDAY SEPTEMBER 19 2000 COMMITTEES TBA COUNCILROOM WEDNESDAY, SEPTEMBER 20, 2000 COUNCIL 9:00 a.m. COUNCILROOM 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 ca11961-8521. 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: Hilo (Channel 9); Kona (Channel 12) Wednesday, August 30, 2000, at 6 p.m.; Sunday, September 3, 2000, at 9 a.m.; and Wednesday, September 6, 2000, at 6 p.m.