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HomeMy WebLinkAboutAGE COUNCIL 08/28/2002 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 rd 43 Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai’i Wednesday, August 28, 2002 9:00 a.m. INVOCATION Pastor Paul McIlroy of the Kea‘au Bible Church CALL TO ORDER 9:06 a.m. ROLL CALL All present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-43 Page 2 August 28, 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. 227-02: Authorizes the finance director to sell the County of Hawai‘i office spaces within the Hilo Lagoon Centre by negotiation. This authorization is in addition to that provided in Resolution 167-02, which authorized disposal by auction and sealed bids. Re: Comm. 485.4 Intr. by: Mr. Chung Approved: FC-251 ADOPTED 8 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Res. 228-02: Authorizes the payment of funds of a later fiscal year and of more than one fiscal year for a multi-year lease for a copy machine. {A five-year lease for the Department of Civil Service.} Re: Comm. 709 Intr. by: Mr. Chung Approved: FC-256 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-43 Page 3 August 28, 2002 Res. 229-02: Authorizes the Corporation Counsel, and his authorized representatives, to enter into an agreement with the individually named parties, who are employees or former employees of the County of Hawai‘i, to represent them in the civil action entitled Richard Adam vs. Wayne Carvalho, individually and in his capacity as Chief of Police for the County of Hawai‘i and Stanley Haanio, individually and in his capacity as a police officer for the County of Hawai‘i, Civil No. 98-00528 HG. Re: Comm. 715 Intr. by: Mr. Chung Waived: FC ADOPTED 5 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio and Chairman Arakaki 4 NOES: Councilmembers Chung, Safarik, Tyler and Yagong Res. 234-02: Transfers/appropriates an appropriation out and from the designated fund account(s) and credits same to a designated fund account(s). {Transfers/appropriates $143,299 out and from the Clerk-Council Services – Contingency Relief account; credits $132,249 to the Parks & Recreation-Parks Repair & Maintenance & Improvements, Miscellaneous Contract Service account and $11,050 to the Clerk-Council Services – Reprographics, Rental/Lease of Equipment account, for a total amount of $143,299.} Re: Comm. 724 Intr. by: Mr. Chung Waived: FC ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None BILLS FOR ORDINANCES (FIRST READING) Bill 195: Planning Director initiated amendment to the County of Hawai‘i General Plan, Section (1998) 6 of Ordinance No. 89-142, as amended by Ordinance No. 90-71, relating to the General Plan amendment procedures. {The purpose of this bill is to make the amendment procedures more understandable and also to amend the procedures to make it consistent with the County Charter.} Re: Comm. 701 Intr. by: Ms. Leithead-Todd Filed: PC-103 DEFERRED Hawai‘i County Council-43 Page 4 August 28, 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 Approved: PC-100 ST PASSED 1 READING 7 AYES: Councilmembers Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Jacobson 1 ABSENT & EXCUSED: Councilmember Chung Bill 232: 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 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 3 amends Condition G relating to interior roadways and adds a Condition M relating to wastewater.} Re: Comm. 674.10 Intr. by: Ms. Leithead-Todd Approved: PC-101 ST AMENDED TO DRAFT 4 & PASSED 1 READING 7 AYES: Councilmembers Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Jacobson 1 ABSENT & EXCUSED: Councilmember Chung Hawai‘i County Council-43 Page 5 August 28, 2002 Bill 244: 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 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 2 amends SECTION 2 by modifying findings relating to conditions; amends Condition E to delete duplicative words; amends Condition F relating to roadway requirements; amends Condition I relating to solid waste; and amends Condition J for clarification purposes.} Re: Comm. 690.1 Intr. by: Ms. Leithead-Todd Approved: PC-102 ST AMENDED TO DRAFT 3 & PASSED 1 READING 7 AYES: Councilmembers Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Jacobson 1 ABSENT & EXCUSED: Councilmember Chung Bill 248: Initiates a charter amendment of the Hawai‘i County Charter (2000), relating to the organization of the Council; officers; employees. {Amends Section 1, 3-6(c) which designates the number of positions Councilmembers shall appoint and said personnel be exempt from civil service and the position classification plan; and Section 1, 3-6(d) which designates the Legislative Auditor be allowed to appoint and employ two non-civil service positions and the legislative analyst position, which shall be subject to civil service laws and classifications.} Re: Comm. 697 Intr. by: Mr. Yagong Filed: FC-252 FILED Hawai‘i County Council-43 Page 6 August 28, 2002 Bill 249: Amends Ordinance 02-77, as amended, relating to Public Improvements and financing 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).} Re: Comm. 701 Intr. by: Mr. Safarik Approved: FC-253 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST AMENDED TO DRAFT 2 & PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 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 Approved: FC-254 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 8 AYES: Councilmembers Chung, Elarionoff, Jacobson, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Leithead-Todd Hawai‘i County Council-43 Page 7 August 28, 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 Approved: PEMC-18 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 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 Approved: FC-257 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Hawai‘i County Council-43 Page 8 August 28, 2002 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 305: Amends Chapter 2, Article 15, Hawai‘i County Code, as amended, relating to the Code (Draft 4) of Ethics. {Follows the language contained in the State Code of Ethics. Draft 4 (2000) reinserts provisions requiring fair, courteous and impartial treatment by County employees and officers.} Re: Comm. 686.4 Intr. by: Ms. Leithead-Todd Deferred: September 7, 2000 st 1 Reading: August 14, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 228: Amends Chapter 19, Article 11, Section 19-90(g), Hawai‘i County Code 1983 (1995 Edition) relating to the Minimum Tax. {Raises the minimum of the Homeowners Class from $25 to $100. Allows a property owner receiving a Home Exemption or Totally Disabled Veteran Exemption that results in the minimum tax, and the assessed value of improvements is less than or equal to $75,000 to have a minimum tax of $75, $50 or $25, depending on the value of improvements.}; Re: Comm. 653 Intr. by: Mr. Chung (B/R) Deferred: July 3, 2002 st 1 Reading: July 31, 2002 and Comm. 653.2: From George E. Seebart, dated July 25, 2002; and Comm. 653.3: From Carol Kelly, dated August 8, 2002; and Comm. 653.4: From Nancy Crawford, dated August 13, 2002; and Comm. 653.5: From Roy K. Solomon, dated August 11, 2002. ND PASSED 2 & FINAL READING 5 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio and Tyler 3 NOES: Councilmembers Safarik, Yagong and Chairman Arakaki 1 ABSENT & EXCUSED: Councilmember Chung Hawai‘i County Council-43 Page 9 August 28, 2002 Bill 240: Amends Section 25-8-33 (City of Hilo Zone Map) Article 8, Chapter 25 (Zoning Code) (Draft 2) of the Hawai‘i County Code, by changing the district classification from Limited Industrial (ML-20) to Industrial-Commercial Mixed Use (MCX-20) at Waiakea, South Hilo, Hawai‘i, covered by Tax Map Key 2-2-32:95 (Approximately 1.641 Acres). {Beatrice C. Choy Family Ltd., applicant.} {Draft 2 includes the following amendments: 1. SECTION 2. Amends the first sentence of SECTION 2 by inserting “standard” language and deletes the last two sentences. 2. SECTION 2. Includes housekeeping amendments in the text of the justification portion.} Re: Comm. 683.1 Intr. by: Ms. Leithead-Todd st 1 Reading: August 14, 2002 ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 241: Amends Ordinance No. 02-76, as amended, the Operating Budget for the County of Hawai‘i for the fiscal year ending June 30, 2003. {Appropriates $2,000 from Federal Grants – EMS for Children; credits same to the EMS for Children – Fed.} Re: Comm. 684 Intr. by: Mr. Chung st 1 Reading: August 14, 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-43 Page 10 August 28, 2002 Bill 243: Amends Section 25-8-2 (North & South Kona District Zone Map), Article 8, (Draft 3) Chapter 25 (Zoning Code) of the Hawai‘i County Code, by changing the district classification from Agricultural (A-20a) to Family Agricultural (FA-3a) at Kaloko, North Kona, Hawai‘i, covered by Tax Map Key 7-3-24:11 (Approximately 22.176 acres). {Roy E. King, Jr. et. al., applicant.} {Draft 3 makes a number of amendments to SECTION 2 of the bill: 1) restores language relating to justification for conditions; 2) adds directions for payment for water commitment; 3) clarifies location of forest reserve easement; 4) limits private subdivision roads right-of-way to 20 feet width; 5) deletes provision to allow applicant to take certain actions in-lieu of fair share contribution; and 6) non-substantive changes to conform to above.} Re: Comm. 689.2 Intr. by: Ms. Leithead-Todd st 1 Reading: August 14, 2002 ND AMENDED TO DRAFT 4 & PASSED 2 & FINAL READING 8 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Jacobson Bill 245: Amends Ordinance No. 01-64, which amended Ordinance Nos. 00-105, 99-79 and 94-78, which reclassified lands from Unplanned (U) to Agricultural (A-1a) at Puuanahulu Homesteads, North Kona, Hawai‘i, covered by Tax Map Key 7-1-05:9, 10, 22, 26, 28-34, 39, 40, 41, 58 & 59 (Approximately 425.69 Acres). (Extends completion date of the community park and recreational center to November 30, 2002; extends completion date of volunteer fire station to January 31, 2003.) {Big Island Country Club Estates, applicant.} Re: Comm. 691 Intr. by: Ms. Leithead-Todd st 1 Reading: August 14, 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-43 Page 11 August 28, 2002 Bill 246: Repeals Ordinance No. 93-65 which amended Section 25-95E, currently Section 25-8-11, the Lalamilo-Puukapu Zone Map, Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, 1983 (1995 Edition), and changed the district classification from Agricultural (A-5a) to Neighborhood Commercial (CN-7.5) at Puukapu, Waimea, South Kohala, Hawai‘i, covered by Tax Map Key 6-4-24:Portion of 27. Upon the repeal of Ordinance No. 93-65, the district classification of the subject area shall be Agricultural (A-5a) (Approximately 3.101 acres). {Planning Director is initiating the repeal due to noncompliance of conditions of Ordinance 93-65, at the request of the current and prospective landowners.} Re: Comm. 692 Intr. by: Ms. Leithead-Todd st 1 Reading: August 14, 2002 ND PASSED 2 & FINAL READING 8 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Chung Bill 247: Amends Ordinance No. 02-77, as amended, relating to Public Improvements and (Draft 2) financing thereof for the fiscal year July 1, 2002 to June 30, 2003. {Adds PUBLIC WORKS - Waianuenue Avenue Sidewalk ($50,000); funds to be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources, including the Hawai‘i Hospital Systems Corporation ($50,000).} Re: Comm. 696.1 Intr. by: Ms. Leithead-Todd st 1 Reading: August 14, 2002 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Yagong and Chairman Arakaki 1 NO: Councilmember Tyler 1 ABSENT & EXCUSED: Councilmember Chung REPORTS FC Rept. 255: Recommends the acceptance of a two-toed sloth (estimated value of $4,200) to the (C-707) Department of Parks and Recreation, for educational and display purposes at the Pana‘ewa Rainforest Zoo, by the Friends of the Zoo. APPROVED Hawai‘i County Council-43 Page 12 August 28, 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. Note: 2/3 Vote - Pursuant to §92-4, HRS, and Rule 12 of Rules of Procedure of the County Council.) Comm. 688: REQUEST FOR LEGAL COUNSEL IN FEP NO. WH-11252; EEOC 37B-A2-000157 From Corporation Counsel Lincoln S. T. Ashida, dated July 12, 2002. Deferred: July 31, 2002 CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 144.6: UPW V. COUNTY OF HAWAI‘I, ET. AL. CIVIL NO. 98-244 (PRIVATIZATION OF JANITORIAL AND GROUND MAINTENANCE WORK) From Corporation Counsel Lincoln S. T. Ashida, dated August 12, 2002. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 720: REGINALD SOUZA V. COUNTY OF HAWAI‘I, CIVIL NO. 02-00059HG/BMK IN THE FEDERAL DISTRICT COURT FOR THE DISTRICT OF HAWAI‘I From Deputy Corporation Counsel Katherine A. Garson, dated August 19, 2002. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Hawai‘i County Council-43 Page 13 August 28, 2002 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS WEDNESDAY, AUGUST 28, 2002 COUNCIL PUBLIC HEARING 5:30 p.m. COUNCILROOM REGARDING BILL 213 AND BILL 220, DRAFT 3 THURSDAY, AUGUST 29, 2002 HUMAN SERVICES & ECONOMIC 9:00 a.m. COUNCILROOM DEVELOPMENT COMMITTEE HOUSING 10:00 a.m. COUNCILROOM TUESDAY, SEPTEMBER 10, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, SEPTEMBER 11, 2002 COUNCIL 9:00 a.m. COUNCILROOM TUESDAY, SEPTEMBER 24, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, SEPTEMBER 25, 2002 COUNCIL 9:00 a.m. TBA TUESDAY, OCTOBER 1, 2002 PLANNING COMMITTEE 5:30 p.m. NA‘ALEHU COMMUNITY PUBLIC HEARING (GENERAL PLAN) CENTER AKA NA‘ALEHU CLUBHOUSE Hawai‘i County Council-43 Page 14 August 28, 2002 STATEMENTS FROM THE PUBLIC 3:09 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 August 26, 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 4, 2002, at 6 p.m.; Sunday, September 8, 2002, at 10:30 a.m.; and Wednesday, September 11, 2002, at 6 p.m.