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Home My WebLink AboutAGE PWPC 02/16/1999 1998-2000 (Y Of L ~ L- HAWAII COUNTY COUNCIL AGENDA 5TH Session COMMITTEE ON PUBLIC WORKS AND PARKS Dominic Yagong, Chair Leningrad Elarionoff, Vice Chair Aaron Chung, Member Julie Jacobson, Member Bobby Jean Leithead-Todd, Member Nancy Pisicchio, Member Al Smith, Member Curtis Tyler, Member James Y. Arakaki, Ex-Offzcio Member DATE: February 16, 1999 (Tuesday) PLACE Councilroom TIME: 9:00 a.m. CALL TO ORDER STATEMENTS FROM THE PUBLIC ON COMMUNICATION NO. 125 Comm. 125: NOMINATION TO REAPPOINT PAUL T. MATSUMOTO TO THE HAWAII COUNTY TRANSPORTATION COMMISSION From Mayor Stephen K. Yamashiro, dated January 25, 1999, submitting for confirmation his nomination for reappointment of Pau] T. Matsumoto of Council District 3 to the Hawaii County Transportation Commission. Mr. Matsumoto, alife-time resident of Hawaii, has been retired since 1998, and was co-owner of Ainaola Cash & Carry (1986-1990), and was a welder/machinist with Yamada & Sons (1981-1986). He is a member of the Democratc Party. If confirmed, he will serve a term ending December 31, 2003. PW&PC-5 Page 2 February 16, 1999 STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA: REFERRALS: Comm. 122: RESOLUTION ACCEPTING THE DEDICATION OF (Res. 31-99) ROADWAY LOTS WITHIN SUNRISE RIDGE INCREMENT II SUBDIVISION FROM SUNRISE RIDGE II HOMEOWNERS ASSOCIATION, TAX MAP KEYS (3)2-3-43-010, 2-4-67-039, AND 2-4-67-040 TO THE COUNTY OF HAWAII From Deputy Corporation Counsel Gerald Takase, dated December 14, 1998, transmitting the above resolution and the subject dedication deed accepting roads, drainage and sewage improvements. The Departments of Public Works, Water Supply; and Planning have previously approved the improvements made to the subject property. Comm. 122.01: From Bradley T. and Lynn E. (Kawamura) Kinoshita, dated January 30, 1999, urging the Council to favorably consider the acceptance of the subdivision improvements of Sunrise Ridge II to the County of Hawaii (Res. 31-99). Comm. 122.02: From Gisela Robeck, dated February 2, 1999, requesting Council give favorable attention to Res. 31-99. Comm. 122.03: From Terry Onaga, Owner of Lot #378, Sunrise Ridge Phase II, stating they have been apprised of the present status of the dedication of the subdivision improvements of Sunrise Ridge II to the County and also understands that the Council was also apprised of the status by Mr. Gary Hiyoto, President of the Sunrise Ridge II Homeowners Association. Urges favorable consideration of the improvements for the same reasons outlined by Mr. Hiyoto. (Note: A similar letter was received from Gary Hiyoto, President, Sunrise Ridge II Homeowners AssociaNon). PW&PC-5 Page 3 February 16, 1999 UNFINISHED BUSINESS Bi11280: AMENDS CHAPTER 3, OF THE HAWAII COUNTY CODE, (C-454.13) BY REPEALING ARTICLE 1 -RELATING TO SIGNS, (1998) ADDING A NEW ARTICLE 1-RELATING TO SIGNS, AND AMENDING ARTICLE 2 -RELATING TO KAILUA VILLAGE SIGNS (Intr. By: Mr. Reynolds) (REPEALS Article 1, Chapter 3, Hawaii County Code, which presently consists of 33 sections, and REPLACES it with a new Article 1, which contains 46 sections. A complete copy of a summary of the differences between the proposed new Article and the existing code and copies of the bill are available as stated below. Major changes involve or include but are not limited to the following items or subjects: new definitions, renumbering sections, limits on number of signs permitted, outdoor lighting, variances, fees, wind resistance, projecting signs, enforcement and special community design plans. This bill also AMENDS two sections of Article 2, Chapter 3, Hawaii County Code, to add a specific cross reference relating to the boundaries of Kailua Village and by authorizing the Planning Director to issue variances for Kailua Village rather than the Planning Commission.) Comm. 454.19: From Councilman J. Curtis Tyler, III, dated September 1, 1998, (Bill 280, transmitting Bi11280, Draft 2, which contains a number of Draft 2) substantive changes to address certain major concerns which (1998) consistently surfaced during public hearings and testimony, and a number of less substantive revisions are proposed to further clarify definitions and other sections of the bill. Also attaches a summary of the proposed amendments. (REPEALS Article 1, Chapter 3, Hawaii County Code, which presently consists of 33 sections, and REPLACES it with a new Article 1, which contains 47 sections. A complete copy of a summary of the differences between this draft and the bill as introduced and copies of this draft are available as stated below. Major changes between this draft and the bill as introduced involve or include but are not limited to the following subjects: definitions, type, number and size of signs, prohibited signs, exempt signs, signs allowed with permits, ground signs, marquee signs, projecting signs, wall signs, window signs, sign height, signs erected prior to passage of this new Article, penalty and educational material. This bill also AMENDS Article 2, Chapter 3, Hawaii County Code, by authorizing the County Council rather than the Planning Director or Planning Commission to issue variances for Kailua Village). PW&PC-5 Page 4 February 16, 1999 Comm. 454.10: From Sandra Scarr, Vice President for Public Affairs, Kona (1998) Outdoor Circle, dated August 3,1998, transmitting their comments and recommendations on revisions to the Sign Code (Bi11280). Comm. 454.11: From Councilman Joe Reynolds, dated August 4, 1998, (1998) transmitting a draft bill to amend Chapter 3, Hawaii County Code, relating to signs. The draft bill is based on the discussion draft bill prepared for the Committee by the Legislative Auditor's Office and it contains changes which were made in response to comments received regarding the discussion draft. A summary of these changes is attached. Comm. 454.12: From Sherry L. Bracken, dated August 3, 1998, stating she supports (1998) the comments submitted by the Kona Outdoor Circle and by Vonnie Lyons on Bi11280 and also suggests additional comments of her own. Comm. 454.14: From Sherry L. Bracken, Sign Committee Chairman, Kona (1998) Outdoor Circle, dated August 17, 1998, submitting several suggestions which the KOC's Sign Committee prepared as a summary of the comments and replies received from several community members on the latest proposed bill repealing the sign ordinance. Comm. 454.15: From Sherry L. Bracken, dated August 17, 1998, submitting her (1998) personal views on the proposed sign ordinance revisions. Comm. 454.16: From Karin Hazelhoff, First Vice President, Waimea Outdoor (1998) Circle, speaking for Na Leo Pohai, the Public Policy Affiliate of The Outdoor Circle, dated August 18, 1998, submitting a list of issues and possible suggestions regazding Bill 280. Comm. 454.17: From Alexandra Bernstein, dated August 17, 1998, transmitting (1998) her comments and recommendations on Bi11280. PW&PC-5 Page 5 February 16, 1999 Comm. 454.20: From Corporation Counsel Richazd D. Wurdeman, dated (1998) August 31, 1998, responding to PWPC Chair Yagong's memo on whether the provision of Bi11280 which exempts real estate signs from the provisions of the Bill makes it constitutionally questionable. Submits Corporation Counsel's Opinion 96-03, relating to election signs in which he pointed out that when sign restrictions are based on content, rather than other more legitimate reasons, the Courts are very unlikely to uphold them. Therefore, recommends that the exemptions for real estate signs be eliminated and be treated as all other signs. Comm. 454.21: Copy of letter from Councilman J. Curtis Tyler, III, dated (1998) September 2, 1998, to interested persons, in which he submits a copy of a proposed Bill 280, Draft 2, and a summary of the proposed changes for their information. Welcomes any suggestions or comments that they may have on the matter. Comm. 454.22: From Kathrin G. Kohler, President, and Bets Lawrence, Vice (1998) President, Waimea Outdoor Circle, dated September 21, 1998, on behalf of the boazd and members of the Waimea Outdoor Circle, stating their support for Councilman Tyler's draft bill and revisions for the proposed sign ordinance. Comm. 454.23: From Daniel L. Roudebush, dated September 19, 1998, submitting (1998) comments and recommendations on the proposed sign ordinance. Comm. 454.24: From Richard Waller, dated October 5, 1998, urging the Council to (1998) vote in favor of Councilman Curtis Tyler's amendment on the sign ordinance. States it is good protection for our beautiful scenery without harming any businesses. NEW BUSINESS/STATEMENTS FROM THE PUBLIC/ADJOURNMENT The meeting place is accessible for persons with physical disabilities. Persons who need special accommodations to attend this meeting should ca11961-8245 by February 12, 1999. Persons using TDDs may ca11 961-852 1. (Copies of this agenda and the communications are posted and filed at the County Clerk's Office, 25 Aupuni St., Hilo; the Office of the Mayor, 75-5706 Kuakini Highway, Suite 103, Kailua-Kona; and the Kona Councilmembers' Office, 77-6399 Nalani St., Suite 104, Kailua-Kona. For further information, please call 961-8245. Those wishing to testify, please register with the County Clerk's staff prior to the convening of the meeting. If possible, submit fifteen (15) written copies of testimony to staff prior to the convening of the meeting.) PW&PC-5 Page 6 February 16, 1999 GOVERNMENT ACCESS TELEVISION: Channel 9 (Hilo) and Channel 12 (Kona) The Public Works & Parks Committee and Finance Committee meetings can be seen on Tuesday, February 16 at 8:30 p.m. and Tuesday, February 23 at 8:30 p.m. The Planning Committee meeting can be seen on Thursday, February 18 at 8:30 p.m. and Thursday, February 25 at 8:30 p.m. All the above Committee meetings will be aired on Sunday, February 28 at 9 a.m.