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Home My WebLink AboutAGE COUNCIL 09/11/2002 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 44th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai’i Wednesday, September 11, 2002 9:00 a.m. INVOCATION Pastor Ernie Cruz of the Puna New Hope Christian Fellowship CALL TO ORDER 9:10 a.m. ROLL CALL All present, except for Mr. Yagong PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES June 5 and July 31, 2002 – approved as amended (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-44 Page 2 September 11, 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. 235-02: Authorizes the Corporation Counsel, and his authorized representatives, to enter into an agreement with the individually named party, who is a former employee of the County of Hawai‘i, to represent him in the civil action entitled ROGER ESPEJO, ET AL. V. COUNTY OF HAWAI‘I, ET AL., CIVIL NO. 02-00299 DAE/BMK. Re: Comm. 727 Intr. by: Mr. Chung Waived: FC ADOPTED 7 AYES: Councilmembers Chung, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Elarionoff and Yagong BILLS FOR ORDINANCES (FIRST READING) Bill 251: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition), relating to (Draft 2) Vehicles and Traffic. {Includes the closure of dead-end roads (also known as stub outs) be approved by Council resolution in order to assist the police in restricting access to vehicular traffic and prevent illicit activities during nighttime hours.}; Re: Comm. 706.3 Intr. by: Ms. Pisicchio Approved: PWIRC-53 and Comm. 706.4 From Councilmember Nancy Pisicchio, dated August 30, 2002, transmitting Bill 251, Draft 3; and Hawai‘i County Council-44 Page 3 September 11, 2002 Bill 251: Amends Chapter 24, of the Hawai‘i County Code 1983 (1995 Edition), relating to (Draft 3) Vehicles and Traffic {Draft 3 imposes conditions for Council action when closing dead-end roads; clarifies the authority of the Police to close parking stalls for parades, processions or other special activities; and identifies the Council’s role when dispensing with enforcement of time-limit parking to study parking policy.} ST PASSED 1 READING 6 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Pisicchio, Tyler and Chairman Arakaki 1 NO: Councilmember Jacobson 2 ABSENT & EXCUSED: Councilmembers Safarik and Yagong ORDER OF THE DAY (SECOND OR FINAL READING) Bill 213: Amends Chapter 23 (Subdivision Code) of the Hawai‘i County Code 1983 (1985 Edition) relating to Pre-Existing Lots. {The bill, for purposes of consolidation and resubdivision, denies recognition of "pre-existing" lots: 1. based on leases (except those with a legal dwelling and those continuously leased since 1/8/48 as a separate unit); and 2. created for use as a road lot, railroad right-of-way, flume line, or pole anchor.}; Re: Comm. 608 Intr. by: Ms. Leithead-Todd st 1 Reading: July 31, 2002 Held Over: August 14, 2002 (pending public hearing on August 28, 2002) and Comm. 608.4 From Josh Stanbro and Family, dated August 29, 2002; and Comm. 608.5 From Charles Flaherty, President, Citizens for Equitable and Responsible Government, dated August 28, 2002; and Comm. 608.6 From Christine deSilva, Chair, Government Affairs Committee, Hawai‘i Island Board of Realtors, dated August 28, 2002; and Comm. 608.7 From Richard Boyd, dated August 28, 2002; and Comm. 608.8 From Mark Grandoni, President, Ka‘makani ‘O Kohala Ohana, Inc., dba KAKO‘O, dated August 28, 2002; and Comm. 608.9 From Brian T. Yahata, Vice President, Palani Ranch Company, Inc., dated August 26, 2002; and Comm. 608.10 From Karen B. Clarkson, dated August 27, 2002; and Comm. 608.11 From John B. Ray, President, Hawai‘i Leeward Planning Conference, dated August 28, 2002; and Comm. 608.12 From Charles Stanton, dated August 28, 2002; and Hawai‘i County Council-44 Page 4 September 11, 2002 Comm. 608.13 From Mark Grandoni, President, Ka‘makani ‘O Kohala Ohana, Inc., dba KAKO‘O, dated August 29, 2002. ND AMENDED TO DRAFT 3 & PASSED 2 & FINAL READING 8 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Yagong Bill 220: Amends Chapter 23 (Subdivision Code) of the Hawai‘i County Code, relating to (Draft 3) Condominium Property Regimes {Draft 3 inserts SECTION 4. which clarifies that the bill is effective upon its approval.}; Re: Comm. 632.24 Intr. by: Ms. Leithead-Todd st 1 Reading: July 31, 2002 Held Over: August 14, 2002 (pending public hearing held on August 28, 2002) and Comm. 632.25 From Chuck Fleming, dated August 17, 2002; and Comm. 632.26 From Frances and Gary Kipling, dated August 19, 2002; and Comm. 632.27 From Mark Van Pernis, Van Pernis Smith & Vancil, dated August 21, 2002; and Comm. 632.28 From Janice Palma-Glennie, dated August 29, 2002; and Comm. 632.29 From Dennis K. W. Lee, Director, Department of Public Works, dated August 28, 2002; and Comm. 632.30 From Mary Begier Realtor, Mary Begier Realty, dated August 28, 2002; and Comm. 632.31 From Dr. Phil Barnes, Chairman, Moku Loa Group, Sierra Club, dated August 27, 2002; and Comm. 632.32 From Tom Yeh, dated August 28, 2002; and Comm. 632.33 From Roberta Brashear, Hawai‘i Chapter Sierra Club, dated August 28, 2002; and Comm. 632.34 From Karen B. Clarkson, dated August 27, 2002; and Comm. 632.35 From Ronald A. Brown, dated August 24, 2002; and Comm. 632.36 From Duane D. Erway, President, Plan to Protect Kona, dated August 26, 2002; and Comm. 632.37 From Richard S. Reha, dated August 25, 2002. ND AMENDED TO DRAFT 6 & PASSED 2 & FINAL READING 6 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Pisicchio, Safarik and Tyler 2 NOES: Councilmembers Jacobson and Chairman Arakaki 1 ABSENT & EXCUSED: Councilmember Yagong Hawai‘i County Council-44 Page 5 September 11, 2002 Bill 231: 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 nd Hienaloli 2, North Kona, Hawai‘i, 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 st 1 Reading: August 28, 2002 ND PASSED 2 & FINAL READING 5 AYES: Councilmembers Chung, Leithead-Todd, Pisicchio, Tyler and Chairman Arakaki 1 NO: Councilmember Jacobson 3 ABSENT & EXCUSED: Councilmembers Elarionoff, Safarik and Yagong Bill 232: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) (Draft 4) of the Hawai‘i County Code, by changing the district classification from Agricultural nd (A-5a) to Single Family Residential (RS-20) at Hienaloli 2, North Kona, Hawai‘i, covered by Tax Map Key 7-5-10:Portion of 65 (Approximately 9.746 acres). {Gomes Family Limited Partnership, applicant.} {Draft 4 amends Condition E relating to a flood study and drainage improvements.} Re: Comm. 674.12 Intr. by: Ms. Leithead-Todd st 1 Reading: August 28, 2002 ND AMENDED TO DRAFT 5 & PASSED 2 & FINAL READING 5 AYES: Councilmembers Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki 1 NO: Councilmember Jacobson 3 ABSENT & EXCUSED: Councilmembers Chung, Elarionoff and Yagong Bill 244: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) (Draft 3) of the Hawai‘i County Code, by changing the district classification from Open (O) to Industrial-Commercial Mixed District (MCX-1a) at Kaloko, North Kona, Hawai‘i, covered by Tax Map Key 7-3-51:60 (Approximately 102.272 acres). {TSA Corporation, applicant.} {Draft 3 amends Condition F relating to mitigation of non-point source pollution.} Re: Comm. 690.2 Intr. by: Ms. Leithead-Todd st 1 Reading: August 28, 2002 ND AMENDED TO DRAFT 5 & PASSED 2 & FINAL READING 5 AYES: Councilmembers Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki 1 NO: Councilmember Jacobson 3 ABSENT & EXCUSED: Councilmembers Chung, Elarionoff and Yagong Hawai‘i County Council-44 Page 6 September 11, 2002 Bill 249: Amends Ordinance 02-77, as amended, relating to Public Improvements and financing (Draft 2) thereof for the fiscal year July 1, 2002 to June 30, 2003. {Adds PARKS AND RECREATION - Playground Equipment at Pāhoa Elementary School project (40,000); funds to be provided from General Obligation Bonds, Capital Projects, Fund-Fund Balance and/or Other Sources ($40,000).} {Draft 2 amends SECTION 1. which changes the appropriation account name from “Pāhoa Elementary School” to “Pāhoa County Ballpark”.} Re: Comm. 701.3 Intr. by: Mr. Safarik st 1 Reading: August 28, 2002 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Chung, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Elarionoff and Yagong 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 be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($200,000).} Re: Comm. 704 Intr. by: Mr. Chung st 1 Reading: August 28, 2002 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Chung, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Elarionoff and Yagong Hawai‘i County Council-44 Page 7 September 11, 2002 Bill 252: Amends Chapter 15, Article 17, of the Hawai‘i County Code 1983 (1995 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 st 1 Reading: August 28, 2002 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Chung, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Elarionoff and Yagong 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 st 1 Reading: August 28, 2002 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Chung, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Elarionoff and 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. Note: 2/3 Vote - Pursuant to §92-4, HRS, and Rule 12 of Rules of Procedure of the County Council.) Hawai‘i County Council-44 Page 8 September 11, 2002 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, SEPTEMBER 24, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, SEPTEMBER 25, 2002 COUNCIL 9:00 a.m. ROYAL KONA RESORT DISCOVERY ROOM TUESDAY, OCTOBER 1, 2002 PLANNING COMMITTEE 5:30 p.m. NA‘ALEHU COMMUNITY PUBLIC HEARING (GENERAL PLAN) CENTER AKA NA‘ALEHU CLUBHOUSE TUESDAY, OCTOBER 8, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, OCTOBER 9, 2002 COUNCIL 9:00 a.m. COUNCILROOM STATEMENTS FROM THE PUBLIC 5:30 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 September 9, 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, September 18, 2002, at 6 p.m.; Sunday, September 22, 2002, at 10:30 a.m.; and Wednesday, September 25, 2002, at 6 p.m.