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HomeMy WebLinkAboutAGE COUNCIL 06/19/2002 2000-2002 ACTIONS JAMES Y. ARAKAKI AARON S.Y. CHUNG Chairman & Presiding Officer LENINGRAD ELARIONOFF JULIE JACOBSON J. CURTIS TYLER, III BOBBY JEAN LEITHEAD-TODD Vice Chairman NANCY PISICCHIO GARY SAFARIK DOMINIC YAGONG COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 39 Session ORDER OF BUSINESS Hawai‘i County Council King Kamehameha’s Kona Beach Hotel Conference Room 4 75-5660 Palani Road Kailua-Kona, Hawai‘i Wednesday, June 19, 2002 9:00 a.m. INVOCATION Pastor Vance Texeira of Solid Rock Ministries CALL TO ORDER ROLL CALL 9:10 a.m. PLEDGE OF ALLEGIANCE All present, except Councilmember Yagong APPROVAL OF MINUTES April 17 and May 1, 2002 (deferred June 5, 2002); and May 15, 2002 – approved as amended (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-39 Page 2 June 19, 2002 PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 656: APPOINTMENT OF DEPUTY COUNTY CLERK – JAY M. MENDE From County Clerk Al S. Konishi, dated June 7, 2002, in accordance with Section 3-6(b)(4) of the Hawai‘i County Charter, appoints Mr. Jay M. Mende to the position of Deputy County Clerk, effective June 19, 2002. This appointment is exempt from Civil Service laws and classification and is subject to approval by the Hawai‘i County Council. FILE Comm. 656 and approved the appointment of Jay Mende as Deputy County Clerk STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS ORDER OF RESOLUTIONS Res. 209-02: Authorizes the sale by negotiation of the former Hāmākua Sugar Company, Inc. lands now under County ownership in addition to the authorization provided in Resolution No. 161-02 (sale by auction, land exchange by negotiation, and short-term lease by auction, sealed bids or negotiation). Re: Comm. 466.2 Intr. by: Mr. Yagong Approved: FC-238 ADOPTED 8 AYES: Councilmembers Arakaki, Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik and Chairman Tyler NOES: None 1 ABSENT & EXCUSED: Councilmember Yagong Res. 215-02: Provides for the acquisition of private properties and easements, situate in the district (Draft 2) of North Kona, County and State of Hawai‘i, for the Kahului-Keauhou Parkway. Re: Comm. 639.1 Intr. by: Mr. Elarionoff Approved: PWIRC-49 ADOPTED 7 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik and Chairman Tyler 1 NO: Councilmember Arakaki 1 ABSENT & EXCUSED: Councilmember Yagong Hawai‘i County Council-39 Page 3 June 19, 2002 Res. 216-02: Authorizes the acceptance of a monetary donation of $10,000 that will be used for the heating of the Kona Community Aquatic Center Swimming Pool. {The donation is being made by various individuals, organizations and businesses and will reimburse the Aquatics Division for the electricity costs incurred to heat the pool.} Re: Comm. 640 Intr. by: Mr. Tyler Approved: FC-240 ADOPTED 8 AYES: Councilmembers Arakaki, Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik and Chairman Tyler NOES: None 1 ABSENT & EXCUSED: Councilmember Yagong Res. 220-02: Proposes the establishment of a Council-initiated water system improvement district for the Kona Coastview and Kona Wonderview Subdivisions; approves and adopts the findings, conclusions specified in the “Mayor’s Report” dated June 4, 2002; confirms that the proposed Improvement District meets the qualifying criteria specified in Section 12-10(h)(1), Hawai‘i County Code; and determines that the public hearings related to special improvements and the establishment of the Improvement District shall be combined. {Additional reference to the provisions of this resolution and related documents are contained in related Communication No. 652, “Manager’s Report and Installation Cost Estimate for a Water System Improvement District” transmitted by Department of Water Supply Manager Milton D. Pavao, dated June 4, 2002.}; Re: Comm. 652.1 Intr. by: Mr. Tyler Waived: FC and Comm. 652: From Department of Water Supply Manager Milton D. Pavao, dated June 4, 2002, transmitting the “Manager’s Report” detailing the recommendations and specifications for the installation of a dedicable water delivery system for the Kona Coastview and Kona Wonderview Subdivisions, as requested by Council Resolution 270-00. Also attaches report and application for USDA/RUS financing. AMENDED TO DRAFT 2 & ADOPTED 7 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik and Chairman Tyler NOES: None 2 ABSENT & EXCUSED: Councilmembers Arakaki and Yagong Hawai‘i County Council-39 Page 4 June 19, 2002 Res. 221-02: Authorizes the Corporation Counsel, and his authorized representatives, to enter into an agreement with the individually named party, who is an employee of the County of Hawai‘i, to represent him in the Civil Action entitled Olivia Vazquez, et al. vs. John Weber, et al., Civil No. 02-00069DAE/LEK. Re: Comm. 654 Intr. by: Mr. Chung Waived: FC ADOPTED 5 AYES: Councilmembers Chung, Jacobson, Leithead-Todd, Pisicchio and Chairman Tyler NOES: None 4 ABSENT & EXCUSED: Councilmembers Arakaki, Elarionoff, Yagong and Safarik Res. 222-02: Transfers/appropriates an appropriation out and from the designated fund account(s) and credits same to a designated fund account(s). {Transfers/appropriates $340,000 out and from the Miscellaneous Insurance Claims and Judgement account; credits $300,000 to the Worker’s Compensation – G F account and $40,000 to the Unemployment Compensation – G F account.} Re: Comm. 655 Intr. by: Mr. Chung Waived: FC ADOPTED 7 AYES: Councilmembers Arakaki, Chung, Elarionoff, Jacobson, Leithead-Todd, Safarik and Chairman Tyler NOES: None 2 ABSENT & EXCUSED: Councilmembers Pisicchio and Yagong BILLS FOR ORDINANCES (FIRST READING) Bill 216: Amends Chapter 24, Article 4, Section 24-19, Hawai‘i County Code (1995 Edition), relating to Vehicle Registration. {Establishes a new annual County registration fee and increases related vehicle fees.} Re: Comm. 627 Intr. by: Mr. Chung (B/R) Approved: FC-239 PASSED 1ST READING 7 AYES: Councilmembers Arakaki, Chung, Elarionoff, Jacobson, Leithead-Todd, Safarik and Chairman Tyler NOES: None 2 ABSENT & EXCUSED: Councilmembers Pisicchio and Yagong Hawai‘i County Council-39 Page 5 June 19, 2002 Bill 219: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition), relating to Vehicles and Traffic. {Proposed Yield location at Pōhākea Road Bridge - Pōhākea Homestead Road, Pa‘auilo.} Re: Comm. 631 Intr. by: Mr. Elarionoff Approved: PWIRC-50 PASSED 1ST READING 7 AYES: Councilmembers Arakaki, Chung, Elarionoff, Jacobson, Leithead-Todd, Safarik and Chairman Tyler NOES: None 2 ABSENT & EXCUSED: Councilmembers Pisicchio and Yagong Bill 221: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition) relating to Vehicles and Traffic. {Proposed No Parking Zone - Southwest side of Aupuni Street by the back entrance to Aupuni Center.} Re: Comm. 634 Intr. by: Mr. Elarionoff Approved: PWIRC-51 PASSED 1ST READING 6 AYES: Councilmembers Arakaki, Chung, Elarionoff, Leithead-Todd, Pisicchio and Safarik 2 NOES: Councilmembers Jacobson and Chairman Tyler 1 ABSENT & EXCUSED: Councilmember Yagong ORDER OF THE DAY (SECOND OR FINAL READING) Bill 197: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition), relating to (Draft 2) Vehicles and Traffic. {Chapter 24, article 10, division 2, section 24-274.1, schedule 22.1 (traffic signal systems), subsection (c) South Hilo, deletes item number (28) – Waiānuenue/Hilo Hospital.} Re: Comm. 557.2 Intr. by: Mr. Elarionoff st 1 Reading: June 5, 2002 ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Arakaki, Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik and Chairman Tyler NOES: None 1 ABSENT & EXCUSED: Councilmember Yagong Hawai‘i County Council-39 Page 6 June 19, 2002 Bill 215: Authorizes the issuance of General Obligation Bonds of the County of Hawai‘i in a principal amount not to exceed $259,200.00 for the purpose of financing a portion of the costs of constructing a replacement waterline for the Happy Homes Subdivision and to secure the payment of a loan by the United States of America, Department of Agriculture; and fixing the form, denomination, and certain details of such bonds, and providing for its sale. Re: Comm. 626 Intr. by: Mr. Chung st 1 Reading: June 5, 2002 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Arakaki, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik and Chairman Tyler NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Bill 223: Amends Chapter 12 of the Hawai‘i County Code 1983 (1995 Edition), as amended, relating to Improvement Districts. {These major amendments address: 1) A clearly understandable definition of an “assessment unit”; 2) Procedural clarity regarding public notice to property owners subject to proposed assessments; 3) Clarification of formal objection to a proposed improvement district and the consideration of objections by the Council; 4) Determination that an apartment or unit of a condominium property regime may be counted as a separate parcel of land for the purpose of levying a special assessment in an improvement district; 5) Authorization for the director of public works and the department of water supply manager to award contracts in accordance with the State procurement code; 6) Allowance for issuance of a bond to secure a federal loan and the repayment of the principal of such bonds over a period not to exceed 35 years; 7) Elimination of language relating to the award of a contract extending beyond the fiscal year of contract issuance; and 8) Authorization for the director of finance, upon termination of an improvement district, to issue any cash refunds to the property owner(s) of record at the time the director of finance authorizes such refund.} Re: Comm. 637 Intr. by: Mr. Tyler st 1 Reading: June 5, 2002 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik and Chairman Tyler NOES: None 2 ABSENT & EXCUSED: Councilmembers Arakaki and Yagong Hawai‘i County Council-39 Page 7 June 19, 2002 Bill 225: 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 PUBLIC WORKS DEPARTMENT Pū‘āinakō Street Extension – State ($1,405,000); funds to be provided by State Grants Receivable ($1,405,000).} (This work involves the completion of the University of Hawai‘i at Hilo, University Park, Phase IIB, Water System Improvement project which was initially started by the State but then delayed by the damages caused by the November 2000 flood. Due to the overlapping work areas and scheduling conflicts between the State and County’s Pū‘āinakō Street Extension project contractors, it was agreed that the County would complete the waterline work with State Funding.) Re: Comm. 646 Intr. by: Ms. Leithead-Todd st 1 Reading: June 5, 2002 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Arakaki, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik and Chairman Tyler NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Bill 226: 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 PUBLIC WORKS DEPARTMENT Pāhoa Mainstreet Parcel – Land Acquisition ($150,000); funds to be provided by State Grants Receivable ($150,000).} (Pursuant to Act 281, SLH 2000, item 25 \[under K. Government-wide Support\], the State’s Capital Improvement Project List includes the appropriation of the funds to the County of Hawai‘i for the purchase of a parcel in Pāhoa.) Re: Comm. 647 Intr. by: Mr. Safarik st 1 Reading: June 5, 2002 ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Arakaki, Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik and Chairman Tyler NOES: None 1 ABSENT & EXCUSED: Councilmember Yagong 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.) Hawai‘i County Council-39 Page 8 June 19, 2002 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS WEDNESDAY, JUNE 19, 2002 SPECIAL MEETING OF THE 6:00 p.m. KING KAMEHAMEHA’S PLANNING COMMITTEE KONA BEACH HOTEL (RE. BILL 81) CONFERENCE ROOM 4 PLANNING COMMITTEE 6:30 p.m. KING KAMEHAMEHA'S WORKSHOP (GENERAL PLAN) KONA BEACH HOTEL CONFERENCE ROOM 4 THURSDAY, JUNE 20, 2002 PLANNING COMMITTEE 9:00 a.m. KOHANAIKI, KONA SITE VISIT TO KOHANAIKI (GENERAL PLAN) PLANNING COMMITTEE 6:00 p.m. KONAWAENA ELEM. PUBLIC HEARING (GENERAL PLAN) SCHOOL CAFETERIA TUESDAY, JUNE 25, 2002 PLANNING COMMITTEE 6:00 p.m. OCEAN VIEW PUBLIC HEARING (GENERAL PLAN) COMMUNITY CENTER THURSDAY, JUNE 27, 2002 PLANNING COMMITTEE 6:00 p.m. KEA‘AU COMMUNITY PUBLIC HEARING (GENERAL PLAN) CENTER TUESDAY, JULY 2, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, JULY 3, 2002 COUNCIL 9:00 a.m. COUNCILROOM Hawai‘i County Council-39 Page 9 June 19, 2002 STATEMENTS FROM THE PUBLIC 12:29 p.m. 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 June 17, 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 Hawai‘i County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawai‘i 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawai‘i 96720; and the County Council’s Kona Branch Office at 77-6399 Nalani Street, Suite 104, Kailua-Kona, Hawai‘i 96740. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, June 26, 2002, at 6 p.m.; Sunday, June 30, 2002, at 10:30 a.m.; and Wednesday, July 3, 2002, at 6 p.m.