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Home My WebLink AboutAGE COUNCIL 07/03/2002 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 40 Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai’i Wednesday, July 3, 2002 9:00 a.m. INVOCATION Reverend Richard Ragle of the Hilo Church of the Nazarene CALL TO ORDER 9:10 a.m. ROLL CALL All present, except for Councilmembers Jacobson, Pisicchio, Safarik and Yagong PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-40 Page 2 July 3, 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 BILLS FOR ORDINANCES (FIRST READING) Bill 81: Amends Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (1985 Edition), as amended, relating to height limits in North Kona Commercial Zone (CG) Districts; Re: Comm. 283 Intr. by: Ms. Leithead-Todd Approved: PC-88 and PASSED 1ST READING 5 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Tyler and Chairman Arakaki NOES: None 4 ABSENT & EXCUSED: Councilmembers Jacobson, Pisicchio, Safarik and Yagong Comm. 283.4: From Marjorie Erway, dated June 22, 2002; and CLOSE FILE Comm. 283.5: From Josephine Keliipio, dated June 24, 2002. CLOSE FILE Hawai‘i County Council-40 Page 3 July 3, 2002 Bill 157: Amends Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (1985 Edition) (Draft 5) relating to nonconforming uses and buildings. {This bill relates to replacing, repairing and reconstructing of a multiple-family building or use when the non-conforming situation is the consequence of an amendment to the general plan and associated zoning.} Re: Comm. 480.6 Intr. by: Ms. Leithead-Todd Approved: PC-85 AMENDED TO DRAFT 6 & PASSED 1ST READING 5 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Tyler and Chairman Arakaki NOES: None 4 ABSENT & EXCUSED: Councilmembers Jacobson, Pisicchio, Safarik and Yagong Bill 222: Amends Chapter 5-1,0,2,a. of the Hawai‘i County Code 1983 (1995 Edition) relating (Draft 2) to the application of the Uniform Building Code to existing buildings and structures; Re: Comm. 635.1 Intr. by: Mr. Chung Approved: PWIRC-52 and AMENDED TO DRAFT 3 & PASSED 1ST READING 5 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Tyler and Chairman Arakaki NOES: None 4 ABSENT & EXCUSED: Councilmembers Jacobson, Pisicchio, Safarik and Yagong Comm. 632.9: From Patrick Seguirant, dated June 22, 2002. DEFERRED to agendize with Bill 220 (C-632) at a future date Hawai‘i County Council-40 Page 4 July 3, 2002 Bill 224: Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, (Draft 2) Chapter 25 (Zoning Code) of the Hawai‘i County Code, by changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) at ‘Ōuli, South Kohala, Hawai‘i, covered by Tax Map Key 6-2-7:2. {Hawai‘i Preparatory Academy, applicant.} Re: Comm. 642.1 Intr. by: Ms. Leithead-Todd Approved: PC-87 AMENDED TO DRAFT 3 & PASSED 1ST READING 5 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Tyler and Chairman Arakaki NOES: None 4 ABSENT & EXCUSED: Councilmembers Jacobson, Pisicchio, Safarik and Yagong Bill 228: Amends Chapter 19, Article 11, Section 19-90(g), Hawai‘i County Code 1983 (1995 Edition) relating to the minimum tax. {This bill seeks to create a more equitable distribution of County revenue collections amongst all property owners by raising the minimum of the Homeowners Class from $25 to $100.} Re: Comm. 653 Intr. by: Mr. Chung (B/R) Approved: FC-241 DEFERRED Bill 239: 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. {Increases the PUBLIC WORKS Pū‘āinakō Street Extension (Komohana to Country Club) – State ($1,500,000); funds to be provided from Fund Balance – Designated ($1,500,000).} (This is the State’s portion of the funding necessary to cover the $7,500,000 in change orders for the existing construction contracts due to differing site conditions and pavement/shoulder upgrades. The Federal portion of this project’s funding has already been appropriated.) Re: Comm. 681 Intr. by: Mr. Chung Waived: FC DEFERRED Hawai‘i County Council-40 Page 5 July 3, 2002 ORDER OF THE DAY (SECOND OR FINAL READING) 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 st 1 Reading: June 19, 2002 ND AMENDED TO DRAFT 3 & PASSED 2 & FINAL READING 5 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Tyler and Chairman Arakaki NOES: None 4 ABSENT & EXCUSED: Councilmembers Jacobson, Pisicchio, Safarik and Yagong 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) st 1 Reading: June 19, 2002 DEFERRED 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 st 1 Reading: June 19, 2002 ND PASSED 2 & FINAL READING 5 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Tyler and Chairman Arakaki NOES: None 4 ABSENT & EXCUSED: Councilmembers Jacobson, Pisicchio, Safarik and Yagong Hawai‘i County Council-40 Page 6 July 3, 2002 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 st 1 Reading: June 19, 2002 DEFERRED REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the month ended REPORT: May 31, 2002. APPROVED PEMC Recommends the approval of the nomination of Ms. Barbara Bell as Director of Rept. 16: Hawai‘i County’s Department of Environmental Management. (Comm. 650) APPROVED 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. 185.2: EXECUTIVE SESSION – L.T.M. CORPORATION DBA CIVIL-MECHANICAL CONTRACTORS VS. COUNTY OF HAWAI‘I; JAS. W. GLOVER, LTD., ET AL., CIVIL NO. 00-1-0163 From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 5, 2002; and DEFERRED Comm. 185.3: From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 13, 2002. DEFERRED Comm. 651: EXECUTIVE SESSION – VILIARIMO V. COUNTY OF HAWAI‘I From Deputy Corporation Counsel Michael S. Kagami, dated May 26, 2002. DEFERRED Comm. 668: EXECUTIVE SESSION – EMORY SPRINGER V. COUNTY OF HAWAI‘I, CIVIL NO. 02-00289 HG/KSC From Deputy Corporation Counsel Katherine A. Garson, dated June 14, 2002. DEFERRED Hawai‘i County Council-40 Page 7 July 3, 2002 Comm. 672: CLAIM AGAINST THE COUNTY BY MICHAEL LAIMANA From Deputy Corporation Counsel Michael S. Kagami, dated June 19, 2002. DEFERRED OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS WEDNESDAY, JULY 17, 2002 PLANNING COMMITTEE 6:00 p.m. HONOKA‘A HIGH & PUBLIC HEARING (GENERAL PLAN) INTER. SCHOOL CAFETERIA THURSDAY, JULY 18, 2002 PLANNING COMMITTEE 6:00 p.m. KOHALA HIGH SCHOOL PUBLIC HEARING (GENERAL PLAN) CAFETERIA TUESDAY, JULY 30, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, JULY 31, 2002 COUNCIL 9:00 a.m. COUNCILROOM TUESDAY, AUGUST 13, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, AUGUST 14, 2002 COUNCIL 9:00 a.m. COUNCILROOM Hawai‘i County Council-40 Page 8 July 3, 2002 STATEMENTS FROM THE PUBLIC 10:25 a.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 July 1, 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, July 10, 2002, at 6 p.m.; Sunday, July 14, 2002, at 10:30 a.m.; and Wednesday, July 17, 2002, at 6 p.m.