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HomeMy WebLinkAboutAGE COUNCIL 08/14/2002 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 nd 42 Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai’i Wednesday, August 14, 2002 9:00 a.m. INVOCATION Reverend Kobun Yachi of the Hilo Meishoin CALL TO ORDER 9:06 a.m. ROLL CALL All present PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES June 19 and July 3, 2002 – approved as amended (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai‘i County Council-42 Page 2 August 14, 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. 224-02: Authorizes the Office of the Mayor to enter into an agreement with the State of Hawai‘i Department of Health, pursuant to HRS 46-7, for an Emergency Medical Services for Children Grant. Re: Comm. 684 Intr. by: Mr. Chung Approved: FC-247 ADOPTED 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Res. 226-02: 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 Planning's West Hawai‘i Office.} Re: Comm. 694 Intr. by: Mr. Chung Approved: FC-249 ADOPTED 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-42 Page 3 August 14, 2002 BILLS FOR ORDINANCES (FIRST READING) Bill 305: Amends Chapter 2, Article 15, Hawai‘i County Code, as amended, relating to the Code (Draft 3) of Ethics. {Follows the language contained in the State Code of Ethics.}; (2000) Re: Comm. 887.002 Intr. by: Ms. Leithead-Todd Deferred: September 7, 2000 and Comm. 686: From Thomas Russi and Christine Paul, dated July 3, 2002; and Comm. 686.1: From Councilmember Bobby Jean Leithead-Todd, dated August 5, 2002. ST AMENDED TO DRAFT 4 & PASSED 1 READING 8 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler and Chairman Arakaki NOES: None 1 ABSENT & EXCUSED: Councilmember Yagong Bill 240: Amends Section 25-8-33 (City of Hilo Zone Map) Article 8, Chapter 25 (Zoning Code) 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.}; Re: Comm. 683 Intr. by: Ms. Leithead-Todd Approved: PC-96 and Comm. 683.1 From Planning Committee Chair Bobby Jean Leithead-Todd, dated August 2, 2002, transmitting Bill 240, Draft 2; and 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.} ST PASSED 1 READING 8 AYES: Councilmembers Chung, Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Jacobson Hawai‘i County Council-42 Page 4 August 14, 2002 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 Approved: FC-248 ST PASSED 1 READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 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 Negative: PC-97 (due to the vote of 4 ayes, 1 no & 4 excused) 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 Hawai‘i County Council-42 Page 5 August 14, 2002 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 Negative: PC-98 (due to the vote of 4 ayes, 1 no & 4 excused) ST PASSED 1 READING 7 AYES: Councilmembers Elarionoff, Jacobson, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None 2 ABSENT & EXCUSED: Councilmembers Chung and Leithead-Todd 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 Approved: PC-99 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-42 Page 6 August 14, 2002 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 Negative: FC-250 (due to the lack of a 2/3 vote of 5 ayes, 3 noes & 1 excused) 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 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 213: Amends Chapter 23 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 PUBLIC HEARING TO BE HELD ON AUGUST 28, 2002, AT 5:30 P.M. IN THE COUNCILROOM (Note: Motion to approve Bill 213) Bill 220: Amends Chapter 23 (Subdivision Code) of the Hawai‘i County Code, relating to (Draft 2) Condominium Property Regimes. Re: Comm. 632.13 Intr. by: Ms. Leithead-Todd st 1 Reading: July 31, 2002 PUBLIC HEARING TO BE HELD ON AUGUST 28, 2002, AT 5:30 P.M. IN THE COUNCILROOM (Note: Motion to approve Bill 220, Draft 3) Hawai‘i County Council-42 Page 7 August 14, 2002 Bill 229: 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 th Kalaoa 4, North Kona, Hawai‘i, covered by Tax Map Key 7-3-5:97 (Approximately 6.904 acres). {Bart T. Cahoon Trust, applicant.} Re: Comm. 673 Intr. by: Ms. Leithead-Todd st 1 Reading: July 31, 2002 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Jacobson 1 ABSENT & EXCUSED: Councilmember Chung Bill 230: Amends Section 25-8-3 (North Kona District Zone Map), Article 8, Chapter 25 (Draft 4) (Zoning Code) of the Hawai‘i County Code, by changing the district classification from th Agricultural (A-5a) to Single Family Residential (RS-15) at Kalaoa 4, North Kona, Hawai‘i, covered by Tax Map Key 7-3-5:97 (Approximately 6.904 acres). {Bart T. Cahoon Trust, applicant.} Re: Comm. 673.3 Intr. by: Ms. Leithead-Todd st 1 Reading: July 31, 2002 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Jacobson 1 ABSENT & EXCUSED: Councilmember Chung Bill 233: 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 Waiaha 1st, North Kona, Hawai‘i, covered by Tax Map Key 7-5-17:Portion of 7 (Approximately 4.979 acres). {U of N Bencorp, applicant.} Re: Comm. 675 Intr. by: Ms. Leithead-Todd st 1 Reading: July 31, 2002 ND PASSED 2 & FINAL READING 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-42 Page 8 August 14, 2002 Bill 235: 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 nd (A-5a) to Family Agricultural (FA-2a) at Kapalaalaea 2, North Kona, Hawai‘i, covered by Tax Map Key 7-7-7:46 (Approximately 5.001 acres). {Yoshiko & Sasan Bakhtiary, applicant.} Re: Comm. 676.1 Intr. by: Ms. Leithead-Todd st 1 Reading: July 31, 2002 ND PASSED 2 & FINAL READING 7 AYES: Councilmembers Elarionoff, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki 1 NO: Councilmember Jacobson 1 ABSENT & EXCUSED: Councilmember Chung Bill 236: Amends Ordinance No. 94-56, which reclassified lands from Agricultural (A-5a) to (Draft 2) Neighborhood Commercial (CN-10) zoned district at Pu‘ukapu, Waimea, South Kohala, Hawai‘i, covered by Tax Map Key 6-4-24:22 (Approximately 26.585 square feet). {Toisan Associates, a Hawai‘i Limited Partnership, applicant.} (Draft 2 includes the following amendment: Condition C. Include the phrase “, that would require the demolition of the old Fukushima Store;” at the end of the paragraph.) Re: Comm. 677.1 Intr. by: Ms. Leithead-Todd st 1 Reading: July 31, 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 Hawai‘i County Council-42 Page 9 August 14, 2002 Bill 237: Amends Section 25-8-11 (Lalamilo-Pu‘ukapu Zone Map), Article 8, Chapter 25 (Draft 3) (Zoning Code) of the Hawai‘i County Code, by changing the district classification from Agricultural (A-5a) to Neighborhood Commercial (CN-10) at Pu’ukapu, Waimea, South Kohala, Hawai‘i, covered by Tax Map Key 6-4-24:23 (Approximately 21,934 square feet). {Toisan Associates, A Hawai‘i Limited Partnership, applicant.} {Draft 3 includes the following amendments: 1. In the Title and SECTION 1. Replace “25-95-E” with “25-8-11” (the correct section from the 1996 Zoning Code); 2. Condition E. Insert the phrase “that would require the demolition of the old Fukushima Store.” at the end of the paragraph; and 3. Condition G. Insert the phrase “, if required, ” after the words “shall be prepared.”} Re: Comm. 678.2 Intr. by: Ms. Leithead-Todd st 1 Reading: July 31, 2002 ND AMENDED TO DRAFT 4 & 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 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 Deferred: July 3, 2002 st 1 Reading: July 31, 2002 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING 9 AYES: Councilmembers Chung, Elarionoff, Jacobson, Leithead-Todd, Pisicchio, Safarik, Tyler, Yagong and Chairman Arakaki NOES: None Bill 242: 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 st (A-1a) to Multiple Family Residential (RM-4) at Waiaha 1, North Kona, Hawai‘i, covered by Tax Map Key 7-5-17:Portion of 7 (Approximately 4.979 acres). {U of N Bencorp, applicant.} {Draft 3 includes the following amendments: 1. Condition K. Page 7. Replace the word “shall” with “may” in the following Hawai‘i County Council-42 Page 10 August 14, 2002 sentence: “The cost of providing and constructing the improvements required in Condition F \[shall\] may be credited against the sum specified in Condition K(5) for road and traffic improvements.” 2. Condition K. Page 7. Insert language at the end of the first paragraph: “If the in-lieu credits exceed the fair share sums specified in Condition K, then such excess may be applied to the fair share amounts for later rezonings of adjacent property. The excess in-lieu credits shall only apply for a period of seven years, unless the time limit extension is granted by the Hawai‘i County Council.”} Re: Comm. 675.26 Intr. by: Ms. Leithead-Todd st 1 Reading: July 31, 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 REPORTS PEMC Recommends the approval of the nomination of George Yamamoto to the County of Rept. 17: Hawai‘i Veterans Advisory Committee. (C-693) 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. Note: 2/3 Vote - Pursuant to §92-4, HRS, and Rule 12 of Rules of Procedure of the County Council.) Comm. 702: ROGER ESPEJO, ET AL. VS. COUNTY OF HAWAI‘I, ET AL., CIVIL NO. 02-00299 DAE/BMK From Deputy Corporation Counsel Joseph K. Kamelamela, dated July 22, 2002. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 703: ARBITRATION CONCERNING HILO MUNICIPAL GOLF COURSE EMPLOYEES From Corporation Counsel Lincoln S. T. Ashida, dated July 24, 2002. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Comm. 705: AHOLELEI V. COUNTY OF HAWAI‘I From Deputy Corporation Counsel Michael S. Kagami, dated July 26, 2002. CONCUR W/RECOMMENDATION OF CORPORATION COUNSEL Hawai‘i County Council-42 Page 11 August 14, 2002 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS TUESDAY, AUGUST 20, 2002 PLANNING COMMITTEE 5:30 p.m. PAHOA NEIGHBORHOOD PUBLIC HEARING FACILITY (AKA PAHOA (GENERAL PLAN) COMMUNITY CENTER) WEDNESDAY, AUGUST 28, 2002 COUNCIL 9:00 a.m. COUNCILROOM COUNCIL PUBLIC HEARING 5:30 p.m. COUNCILROOM REGARDING BILL 213 AND BILL 220, DRAFT 3 THURSDAY, AUGUST 29, 2002 COMMITTEES TBA COUNCILROOM TUESDAY, SEPTEMBER 10, 2002 COMMITTEES TBA COUNCILROOM WEDNESDAY, SEPTEMBER 11, 2002 COUNCIL 9:00 a.m. COUNCILROOM Hawai‘i County Council-42 Page 12 August 14, 2002 STATEMENTS FROM THE PUBLIC 1:07 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 12, 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, August 21, 2002, at 6 p.m.; Sunday, August 25, 2002, at 10:30 a.m.; and Wednesday, August 28, 2002, at 6 p.m.