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HomeMy WebLinkAboutAGE COUNCIL 04/17/2002 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 34 Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, April 17, 2002 9:00 a.m. INVOCATION Reverend Tuck Wah Lee of Haili Church CALL TO ORDER 9:10 a.m. ROLL CALL All present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 8, 2002 – approved as amended (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-34 Page 2 April 17, 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 Res. 181-02: Changes the position status of school crossing guards (hourly) (temporary) to permanent status. Re: Comm. 547 Intr. by: Mr. Chung Approved: FC-213 ADOPTED 6 AYES: Councilmembers Elarionoff, Jacobson, Pisicchio, Tyler, Yagong and Chairman Arakaki NOES: None 3 ABSENT & EXCUSED: Councilmembers Chung, Leithead-Todd and Safarik Res. 185-02: Authorizes the Director of Finance to negotiate a lease of the former Waimea Tax Office Building to the Historic Hawai‘i Foundation. Re: Comm. 562 Intr. by: Mr. Elarionoff Approved: FC-207 ADOPTED 6 AYES: Councilmembers Elarionoff, Jacobson, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 3 ABSENT & EXCUSED: Councilmembers Chung, Leithead-Todd and Yagong Res. 186-02: Authorizes the acceptance of a donation of Hazmat response equipment to the Hawai‘i County Fire Department. Re: Comm. 563 Intr. by: Mr. Chung Approved: FC-208 ADOPTED 7 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Hawai‘i County Council-34 Page 3 April 17, 2002 Res. 187-02: Changes the classification and time element of a Clerk-Stenographer 3/4T to Clerk II full time. Re: Comm. 564 Intr. by: Mr. Chung (B/R) Approved: FC-209 ADOPTED 7 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Res. 188-02: Creates two (2) Deputy Prosecuting Attorney (temporary) positions for the Office of the Prosecuting Attorney. Re: Comm. 565 Intr. by: Mr. Chung Approved: FC-210 ADOPTED 7 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Res. 197-02: Authorizes the Office of the Mayor to enter into an agreement with the Department of Transportation, State of Hawai‘i, pursuant to HRS 46-7, for a Fire Equipment Purchase Grant. Re: Comm. 536.1 Intr. by: Mr. Chung Waived: FC ADOPTED 7 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Hawai‘i County Council-34 Page 4 April 17, 2002 Res. 198-02: Authorizes the Office of the Mayor to enter into an agreement with the Department of Transportation, State of Hawai‘i, pursuant to HRS 46-7, for a Child Protective Seats Grant. Re: Comm. 537.1 Intr. by: Mr. Chung Waived: FC ADOPTED 7 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Res. 199-02: Authorizes the Office of the Mayor to enter into an agreement with the United States of America, pursuant to HRS 46-7, for a Community Gun Violence Prosecution Program Grant. Re: Comm. 546.1 Intr. by: Mr. Chung Waived: FC ADOPTED 7 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Res. 200-02: Authorizes the Office of the Mayor to enter into an agreement with the Department of Transportation, State of Hawai‘i, pursuant to HRS 46-7, for a Keahole to Honaunau Regional Circulation Plan Grant. Re: Comm. 548.1 Intr. by: Mr. Chung Waived: FC ADOPTED 7 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Hawai‘i County Council-34 Page 5 April 17, 2002 Res. 201-02: Authorizes the Office of the Mayor to enter into an agreement with the United States of America, pursuant to HRS 46-7, for a HI Impact Project Grant. Re: Comm. 558.1 Intr. by: Mr. Chung Waived: FC ADOPTED 7 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Tyler, Yagong and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Safarik BILLS FOR ORDINANCES (FIRST READING) Bill 192: Amends the State Land Use Boundaries Map, H-7 for the County of Hawai‘i, by changing the district classification from the Agricultural to the Urban District at Kalaoa 4th, North Kona, Hawai‘i, 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 Approved: PC-69 PASSED 1ST READING 6 AYES: Councilmembers Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki 1 NO: Councilmember Jacobson 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Bill 193: Amends Section 25-8-3 (North Kona District Zone Map), Article 8, Chapter 25 (Draft 2) (Zoning Code) of the Hawai‘i County Code, by changing the district classification from Agricultural (A-5a) and Single Family Residential (RS-10) to Single Family Residential (RS-20) at Kalaoa 4th, North Kona, Hawai‘i, 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. 552.1 Intr. by: Ms. Leithead-Todd Approved: PC-70 AMENDED TO DRAFT 3 & PASSED 1ST READING 6 AYES: Councilmembers Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki 1 NO: Councilmember Jacobson 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Hawai‘i County Council-34 Page 6 April 17, 2002 Bill 194: Amends the State Land Use Boundaries Map, H-7 for the County of Hawai‘i, by changing the district classification from the Agricultural to the Urban District at Kalaoa 4th, North Kona, Hawai‘i, covered by Tax Map Key 7-3-5:30. {Ellen M. Garver, applicant.} Re: Comm. 553 Intr. by: Ms. Leithead-Todd Approved: PC-71 PASSED 1ST READING 6 AYES: Councilmembers Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki 1 NO: Councilmember Jacobson 2 ABSENT & EXCUSED: Councilmembers Chung and Yagong Bill 195: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) (Draft 2) of the Hawai‘i County Code, by changing the district classification from Agricultural (A-5a) to Single Family Residential (RS-20) at Kalaoa 4th, North Kona, Hawai‘i, covered by Tax Map Key 7-3-5:30. {Ellen M. Garver, applicant.} Re: Comm. 553.1 Intr. by: Ms. Leithead-Todd Approved: PC-72 PASSED 1ST READING 7 AYES: Councilmembers Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Jacobson 1 ABSENT & EXCUSED: Councilmember Chung Bill 198: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2002. {Appropriates revenues of $230,900 in the Federal Grants - Hawai‘i Impact Grant account; and appropriates same to the Hawai‘i Impact Grant account.} Re: Comm. 558 Intr. by: Mr. Chung Approved: FC-205 PASSED 1ST READING 7 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Tyler, Yagong and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Safarik Hawai‘i County Council-34 Page 7 April 17, 2002 Bill 199: Amends Chapters 20 and 21 of the Hawai‘i 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 Approved: PEMC-14 PASSED 1ST READING 8 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 200: Amends Chapter 20, of the Hawai‘i County Code 1983 (1995 Edition), relating to Solid Waste fees. {Transfers solid waste fee setting authority from the County Council to the Environmental Management Commission, as provided by Section 6-5.5 of the Hawai‘i County Charter 2000.} Re: Comm. 567 Intr. by: Mr. Chung Filed: FC-211 FILED Bill 201: Amends Chapter 21, of the Hawai‘i County Code 1983 (1995 Edition), relating to sewer service charges. {Transfers the sewer service charges rate setting authority from the County Council to the Environmental Management Commission, as provided by Section 6-5.5 of the Hawai‘i County Charter 2000.} Re: Comm. 567 Intr. by: Mr. Chung Filed: FC-212 FILED Hawai‘i County Council-34 Page 8 April 17, 2002 Bill 205: Amends Chapter 22, of the Hawai‘i County Code 1983 (1995 Edition), relating to Streets and Sidewalks. (This bill proposes significant changes to Chapter 22, Hawai‘i 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 \[please refer to the previous Council agendas dated December 19, 2001; February 21, 2002; and March 8, 2002\], 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 Waived: PWIRC PASSED 1ST READING 7 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Tyler and Chairman Arakaki 2 NOES: Councilmembers Safarik and Yagong ORDER OF THE DAY (SECOND OR FINAL READING) Bill 186: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition), relating to Vehicles and Traffic. {Conversion of Nānāwale Boulevard/Kēhau Road Intersection to a 4-Way Stop.} Re: Comm. 540 Intr. by: Mr. Elarionoff st 1 Reading: April 3, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-34 Page 9 April 17, 2002 Bill 187: Amends Chapter 2, of the Hawai‘i County Code 1983 (1995 Edition), relating to (Draft 2) Administration. {Adds the Department of Environmental Management under the direct supervision of the Managing Director and deletes sewer and solid waste functions from the Department of Public Works. Draft 2 organizes the executive branch according to the 2000 Hawai‘i County Charter amendments.} Re: Comm. 541.1 Intr. by: Mr. Yagong st 1 Reading: April 3, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 188: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition), relating to Vehicles and Traffic. {Deletes Section 24-216.01 (Flat Rate Payment) and all references to a flat rate payment option for parking meter zones.} Re: Comm. 542 Intr. by: Mr. Elarionoff st 1 Reading: April 3, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 189: Amends the Parks and Recreational Facility Schedule, Chapter 15, Section 15-68.1, (Draft 2) Hawai‘i County Code 1983 (1995 Edition), relating to naming the Waiākea-Uka Gym located at Waiākea-Uka Park “Stanley Costales Waiākea-Uka Gym” in honor of Stanley Costales. Re: Comm. 543.2 Intr. by: Mr. Arakaki st 1 Reading: April 3, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-34 Page 10 April 17, 2002 Bill 190: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2002. {Appropriates revenues of $80,000 in the Federal Grants-Gun Grant Prosecution account; appropriates same to the Gun Grant Prosecution account.} Re: Comm. 546 Intr. by: Mr. Chung st 1 Reading: April 3, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 191: Amends Ordinance No. 01-55, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2002. {Appropriates revenues of $80,000 in the Federal Grants-Keahole-Honaunau Regional Transportation Circulation Plan account; and appropriates same to the Keahole-Honaunau Regional Transportation Circulation Plan account.} Re: Comm. 548 Intr. by: Mr. Chung st 1 Reading: April 3, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None REPORTS FC Rept. 206: Recommends the acceptance of a $50 donation from Mr. Edward Fukuda, dba Kandi’s (C-561) Drive Inn, Inc. (for the Department of Parks and Recreation Division’s Annual Biggest Easter Egg Hunt). APPROVED Hawai‘i County Council-34 Page 11 April 17, 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.) Comm. 588: EXECUTIVE SESSION – COUNTY EMPLOYEE REQUEST FOR COUNSEL From Corporation Counsel Lincoln S. T. Ashida, dated March 27, 2002. CLOSED FILE ON COMM. 588 AND RELATED DOCUMENTS OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, APRIL 30, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, MAY 1, 2002 COUNCIL 9:00 a.m. COUNCILROOM 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 Hawai‘i County Council-34 Page 12 April 17, 2002 STATEMENTS FROM THE PUBLIC ADJOURNMENT 1:57 p.m. (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 April 15, 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, April 24, 2002, at 6 p.m.; Sunday, April 28, 2002, at 10:30 a.m.; and Wednesday, May 1, 2002, at 6 p.m.