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HomeMy WebLinkAboutAGE COUNCIL 11/29/2000 1998-2000 JAMES Y. ARAKAKI ~+0~"~ AARON S.Y. CHUNG Vii; LENINGRAD ELARIONOFF Chafrman R Presiding Ql~cer JULIE JACOBSON AL SMITH BOBBY JEAN LEITHEAD-TODD Tice ('lrairmnn nG ~~,r~~ NANCY PISICCHIO J. CURTIS TYLER, III DOMINIC YAGONG COUNTY COUNCIL - County of Nawai `i Hawaii County 6urlding 25 Aupuni .Street Hilo, Hawaii 96720 50th Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii November 29, 2000 900 a.m. CALL TO ORDER ROLL CALL INVOCATION Pastor Linda Petrucelli of the United Community Church APPROVAL OF MINUTES STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS Hawaii County Council Page 2 November 29, 2000 PETITIONS, MEMORIALS AND COMMUNICATIONS Comm. 978: HSAC EXECUTIVE COMMITTEE MEETING -OCTOBER 27, 2000 From HSAC Vice President AI Smith, dated November 15, 2000; transmits highlights of the October 27, 2000, HSAC Executive Committee meeting and requests the Council's action on a list of seven (7) recommended proposals for inclusion in the 2001 HSAC Legislative Package. Waived: FC ORDER OF RESOLUTIONS Res. 328-00: Authorizes the grant of a Water Line Easement within the County (Draft 3) right-of-way at Kaapoko Homesteads, South Hilo, Hawaii, Island, County and State of Hawaii, Tax Map Key No. (3)2-7-OS to Cyrus M. Wagatsuma, Nagata family Trusl, Dorothy D. Patao and James R. Kennedy and Linda C. Kennedy. Re: Comm. 944.002 Intr. by: Mr. Yagong Approved: FC-347 Deferred: November 9, 2000 Res. 347-00: Authorizes the Corporation Counsel and his authorized representative to enter into an agreement with the individually named defendants, parties, who are or were officials and employees of the County of Hawaii, to represent in the civil action Tanny M. Cazimero v. County of Hawaii, et al., Civil No. 00-1-0384, and indemnify them for any and all damages, including punitive damages arising from that case. Re: Comm. 972 Intr. by: Mr. Chung (B/R) Waived: FC Deferred: November 15, 2000 Hawaii County Council Page 3 November 29, 2000 BILLS FOR ORDINANCES Bill 214: Amends Chapter 15 of the Hawaii County Code 1983 995 Edition), (Draft 3) relating to Parks and Recreation; {Adds/deletes beach parks from list of areas prohibited from removing sand and other materials. } Re: Comm. 680.002 Intr. by: Mr. Yagong (B/R) Approved: PWPC-111 Deferred: August 23, 2000 and Comm. 680.003: From Parks & Recreation Director Julie Tulang, transmitting a proposed Drafr 4 to Bill 214; and Bill 214: Amends Chapter 15 of the Hawaii County Code 1983 (1995 Edition), (Draft 4) relating to Parks and Recreation; {Adds/deletes beach parks from list of areas prohibited from removing sand and other materials.} and Comm. 680.007: From Councilmember Dominic Yagong, dated November 15, 2000, transmitting a proposed Draft 5 to Bill 214; and Bill 214: Amends Chapter 15 ofthe Hawaii County Code 1983 (1995 Edition), (Draft 5) relating to Parks and Recreation. {Adds/deletes beach parks from list of areas prohibited from removing sand and other materials.} Hawaii County Council Page 4 November 29, 2000 Bill 240: Amends Chapter 25 (Zoning Code), of the Hawaii County Code ] 983 (Drafr 3) (1995 Edition), relating to Bed and Breakfast Establishments. {Section 25-1-5(b) 13: Amends the meaning of bed and breakfast establishment to include any single family dwellings and/or guest houses which have been permitted on a building site; Section 25-2-73: Eliminates the plan appro~°al requirements by repealing the section: Scctiivi 25-4-7: Permitts bed and breakfast establishments in the RA, FA, A districts within the State Land Use Urban District; eliminats the concept of a bed and breakfast as an accessory use, but retains the requirement that it be subordinate and clearly or customarily incidental to the principal use as a residence by its operator; retains existing 5-guest bedroom limitation; deletes minimum lot size requirement of 15,000 square feet; and makes minor grammatical changes. Re: Comm. 734.007 Intr. by: Ms. Leithead-Todd Approved: PC-119 Bill 319: Amends Ordinance No. 98-SQ as amended, relating to Public (1998) Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999; {Adds the PUBLIC WORKS: West Hawaii Sanitary Landfill-Telephone Transmission Cable project ($103,000); funds for this project to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($103,000).} Re: Comm. 1032 (1996-1998) Intr. by: Mr. Chung Approved: PWPC-299 (1996-1998) Deferred: December 3, 1998 and Comm. 97.01: From Donna Alms, dated February 12, 1999. and Comm. 865: From Dwayne Miyashiro, dated July 24, 2000. and Comm. 983: From Chief Engineer Bob Yanabu, dated November 15, 2000, requesting that Bill 319 be filed. Hawaii County Council Page 5 November 29, 2000 Bill 344: Amends the State Land Use Boundaries Map, H-14 for the County of Hawaii, by changing the district classification from the Agricultural to the Rural District at Ouli, South Kohala, Hawaii, covered by Tax Map Key 6-2-11:28. {P. Mariah Kosters, applicant.} Re: Comm. 969 Intr. by: Ms. Leithead-Todd (B/R) Approved: PC-120 Bill 345: Amends Section 25-8-7 (North and South Kohala Zone Map). Article 8, (Draft 2) Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawaii, covered by Tax Map Key 6-2-11:28. {P. Mariah Kosters, applicant.} Re: Comm. 969 Intr. by: Ms. Leithead-Todd (B/R) Approved: PC-121 Bill 346: Amends the State Land Use Boundaries Map, H-25 for the County of Hawaii, by changing the district classification from the Agricultural to the Rural District at Ouli, South Kohala, Hawaii, covered by Tax Map Key 6-2-9:22. {Andrew Kelsey, applicant.} Re: Comm. 970 Intr. by: Ms. Leithead-Todd (B/R) Approved: PC-122 Bill 347: Amends Section 25-8-7 (North and South Kohala Zone Map), Article 8, (Draft 2) Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawaii, covered by Tax Map Key 6-2-9:22. {Andrew Kelsey, applicant.} Re: Comm. 970.001 Intr. by: Ms. Leithead-Todd (B/R) Approved: PC-123 Hawaii County Council Page 6 November 29, 2000 Bill 348: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-Sa) to Residential-Commercial Mixed Use (RCX-2a) at Keahuolu, North Kona, Hawaii, covered by Tax Map Key 7-4-8:Portion of 1. Re: Comm. 971 Intr. by: Ms. Leithead-Todd (B/R) Approved: PG124 Bill 35 ] : Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Increases revenues in the Federal -Block Grant ($3,000) and Block Grant Program Income ($28.473.31) accounts: and appropriates $31,473.31 to the Removal of Architectural Barriers account.} Re: Comm. 979 Intr. by: Ms. Pisicchio Approved: HCHA -November 15, 2000 Bill 352: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Increases revenues of $102,274.71 in the HOME Program Income account; and appropriates same to the following accounts: County of Hawaii - 1999 Tenant ($59,]90.4]), and 2000 Tenant Based Rental Assistance ($43,084.30).} Re: Comm. 980 Intr. by: Ms. Pisicchio Approved: HCHA -November 15, 2000 Bill 354: Amends Ordinance 00-64, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July ] , 2000 to June 30, 2001. (Adds the PUBLIC WORKS: Komohana Street Bridge at Alenuio Stream-Federal project ($4,000,000); funds for this project to be provided from Federal Grants receivable ($4,000,000).} Re: Comm. 982 Intr. by: Mr. Chung Waived: FC Hawaii County Council Page 7 November 29, 2000 Bill 355: Amends Ordinance No. 00-64, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2000 to June 30, 2001. {Adds the PUBLIC WORKS: Repair Flood Damage -Federal Highway Administration project ($4,000,000); funds for this project to be provided from Federal Grants Receivable ($4,000,000). } Re: Comm. 984 Intr. by: Mr. Chung Waived: FC Bill 356: Amends Ordinance No. 00-64, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2000 to June 30, 2001. {Adds the PUBLIC WORKS: Stream Repairs -Natural Resources Conservation Service project ($1,500,000); funds for this project to be provided from Federal Grants Receivable ($1,500,000).} Re: Comm. 985 Intr. by: Mr. Chung Waived: FC ORDER OF THE DAY Bill 323: Amends Ordinance No. 00-64, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2000 to .hme 30, 200]. {Reappropriates the lapsed 1988-92, 1994-96 and 1996-98 fuel district appropriations and establishes the following district appropriations: Circle Island ($557,317.42), Puna ($334,004.05), South Hilo ($292,868.59), North Hilo ($1,386.64), Hamalcua ($933), South Kohala ($47,629.92), North Kona ($1,052,435.47), and South Kona ($698.08); funds for these projects to be provided from Fund Balance -Fuel Tax Increase 88-92 ($198,273.46), Fund Balance -Fuel Tax Increase 94-96 ($341,116.53), Fund Balance -Fuel Tax Increase 96-98 ($2,287,273.17).} Re: Comm. 930 Intr. by: Mr. Chung 1st Reading: November 15, 2000 Hawaii County Council Page 8 November 29, 2000 Bill 330: Amends Chapter 24, of the Hawaii County Code 1983, (1995 Edition), relating to Vehicles and Traffic. {Proposed right turns only - Halai Street.} Re: Comm. 943 Intr. by: Mr. Yagong 1st Reading: November 9, 2000 Bill 331: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $183,080 in the State Grant -Aging Institute of Hawaii account; and appropriates same to the Aging Institute of Hawaii account.} Re: Comm. 948 Intr. by: Mr. Chung 1st Reading: November 9, 2000 Bill 332: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $1 1,567 in the Federal Grants -Coordinated Services account; and appropriates same to the Coordinated Services to the Elderly, Salaries & Wages account.} Re: Comm. 949 Intr. by: Mr. Chung 1st Reading: November 9, 2000 Hawaii County Council Yage 9 November 29, 2000 Bill 333: Amends Ordinance No. 00-63, as amended, the Operating Budget (Draft 6) for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates revenues in the State Grant-In-Aid, General account ($2,421,000), the Transfer from General Fund, Sewer account ($250,000) and the Transfer from General Fund, Solid Waste account ($100,000); and appropriates same to the following accounts: Narcotics Task Force-County ($16,754), Sex Crime Unit-County ($81,258), Transfer to Sewer Fund ($250,000), Transfer to Solid Waste Fund ($100,000), Provision for Flooding Disaster ($1,972,988), Replacement Reserve Account-Sewer ($250,000) and Landfill, Other Current Expenses-Solid Waste ($100,000). } Re: Comm. 950.003 Intr. by: Mr. Chung (B/R) 1st Reading: November 9, 2000 Bill 334: Amends Chapter 14 of the Hawaii County Code 1983 (1995 Edition) (Draft 2) relating to Fireworks. {Repeals and replaces in its entirety Article 5, Chapter 14, Hawaii County Code, 1983 (1995 Edition), entitled, "Fireworks." This bill replaces the present 15 sections with 18 new sections. It is intended to make Hawaii County's restrictions consistent with those of the other three counties. The major proposed change is requiring permits for all use of fireworks, including on New Year's Eve, Chinese New Year's Day and the Fourth of July -said permit for members of the public shall cost $25 and a person could purchase no more than 5,000 units. Other significant changes include but are not limited to: adding definitions; amending provisions relating to sales of fireworks; establishing a fee schedule for various licenses ($3,000 for importer, $2,000 for each wholesaler's site, $1,000 for each storage site and $500 for each retailer's site); establishing procedures for obtaining permits and licenses; expanding requirements for public display permits; establishing an appeal process, including hearing procedures; and authorizing the fire department to establish rules and issue declaratory rulings; and reenacting general prohibitions. Section 14-37 entitled "Liability of Parents or Guardians," would be eepculcd.) Re: Comm. 956.001 Intr. by: Mr. Chung (B/R) 1 st Reading: November 9, 2000 Hawaii County Council Page 10 November 29, 2000 Bill 335: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $22,000 in the Federal Grants -Data Transmission Upgrade account; and appropriates same to the Data Transmission Upgrade account. } Re: Comm. 957 Intr. by: Mr. Chung 1st Reading: November 15, 2000 Bill 336: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $10,000 in the Federal Grants -Occupant Protection Program account; and appropriates same to the Occupant Protection Program account.} Re: Comm. 958 Intr. by: Mr. Chung 1st Reading: November l5, 2000 Bill 337: Amends Ordinance No. 00-63, as amended, the Operating Budget For the County of Hawaii For the Fiscal Year ending June 30, 2001. {Appropriates $33,375 in the Federal Grants -Speed Enforcement account; and appropriates same to the Speed Enforcement account.} Re: Comm. 959 Intr. by: Mr. Chung 1st Reading: November 15, 2000 Bill 338: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Increases revenues of $31,000 in the Federal Grants -Sobriety Checkpoint Expansion account; and appropriates same to the Sobriety Checkpoint account. } Re: Comm. 960 Intr. by: Mr. Chung 1st Reading: November 15, 2000 Hawaii County Council Page 11 November 29, 2000 Bill 339: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $2,000 in the Federal Grants - Pi`ihonua Speed Checking account; and appropriates same to the Pi`ihonua Speed Checking accowit.} Re: Comm. 961 Intr. by: Mr. Chung 1st Reading: November 15, 2000 Bill 340: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for Fiscal Year ending June 30, 2001. {Appropriates $47,000 in the Federal Grants -Data Records Project account; and appropriates same to the Data Records Project account.} Re: Comm. 962 Intr. by: Mr. Chung 1st Reading: November 15, 2000 Bill 341: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Appropriates $1,500 in the Federal Grants - Hamakua Traffic Safety Council; and appropriates same to the Hamakua Traffic Safety Council account.} Re: Comm. 963 Intr. by: Mr. Chung 1st Reading: November 15, 2000 Bill 342: Amends Ordinance No. 00-63, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 2001. {Increases revenues of $33,642 in the Fireworks Permits Fees account; and appropriates same to the following accounts: Fireworks Enforcement - Salaries & Wages ($27,642), and Fireworks Enforcement -Other Current Expenses ($6,000).} Re: Comm. 966 Intr. by: Mr. Chung 1st Reading: November 9, 2000 Hawaii County Council Page 12 November 29, 2000 Bill 349: Amends Chapter 2 of the Hawaii County Code, 1983 (1995 Edition) as (Draft 2) amended, to allow the Negotiated Disposition of Real Property for Affordable Housing Projects. Re: Comm. 974.001 Intr. by: Ms. Pisicchio 1st Reading: November 15, 2000 REPORTS FINANCIAL Monthly Financial Status Report from the Department of Finance for the REPORT: month ended October 30, 2000. 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. 967: EXECUTIVE SESSION - TANNY CAZIMERO V. COUNTY OF HAWAII, ET. AL.. CIVIL NO. 00-1-0384 From Assistant Corporation Counsel Ted H.S. Hong, dated October 24, 2000. Deferred: November 9, 2000 Comm. 977: EXECUTIVE SESSION - BUCHANAN V. MINA'S LOUNGE, INC., CIVIL NO. 98-500 From Deputy Corporation Counsel Steven Christensen, dated November 6, 2000. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council Page 13 November 29, 2000 ANNOUNCEMENTS MONDAY, DECEMBER 4, 2000 COUNCIL SINE DIE 10:00 a.m. COUNCILROOM COUNCIL (NEW) 3:00 p.m. COUNCILROOM TUESDAY, DECEMBER 19, 2000 COMMITTEF,S TBA COUNCILROOM WEDNESDAY, DECEMBER 20.3000 COUNCIL 9:00 a.m. COUNCILROOM STATEMENTS FROM THE PUBLIC 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. 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 Hawaii County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk ~~t 35 Aupuni Sircct, IIilo, IIavv°ai`i 96730; and the County Council's Kona Branch Officc at 77-6399 Nalani Street, Suite 104, Kailua-Kona, Hawaii 96740. Government Access Television: Hilo (Channel 9); Kona (Channel 12) Wednesday, December 6, 2000, at 6 p.m.; Sunday, December 1 Q 2000, at 9 a.m.; and Wednesday, December 13, 2000, at 6 p.m.