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Home My WebLink AboutAGE COUNCIL 11/16/1994 1992-1994SPENCER K. SCHUTTE Chairman & Presiding Officer BRIAN J. DE LIMA Vice - Chairman, COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 42th Session ORDER OF BUSINESS CALL TO ORDER ROLL CALL INVOCATION MINUTES Hawaii County Councilroom Hilo, Hawaii Wednesday, November 16, 1994 9 a.m. The Reverend Nathan Kohashi of the United Community Church October 19, 1994 JAMES Y. ARAKAKI KEIKO BONK- ABRAMSON WILLIAM K. CHILDS TAKASHI DOMINGO HELENE H. HALE JAMES M. RATH ROBERT F. ROSEHILL cam .l _ C. C , �.r STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA Order of Business Page 2 November 16, 1994 REFERRALS Comm. 981.01: REQUESTS EXECUTIVE SESSION - OSHIRO V. COUNTY OF HAWAII, CIVIL NO, 93 -205 From Deputy Corporation Counsel Joseph K. Kamelamela, dated November 7, 1994. Comm. 1405: PROPOSED HSAC SLATE OF OFFICERS FOR FISCAL YEAR 1994 -1995 From 2nd Vice President Takashi Domingo, Hawaii State Association of Counties (HSAC), dated October 31, 1994. RESOLUTIONS Res. 251 -94: Supports Senate Resolution 188 which urges the development of a Hawaii Aviation Training Center (HATC) at Hilo International Airport; resolves that the University of Hawaii, Department of Business, Economic Development & Tourism, and the Department of Transportation work to establish temporary facilities at Hilo International Airport which will allow for the start -up of the HATC before the completion of permanent facilities; that the temporary site be appropriate for the training of airline professionals; Comm. 1184 Intr. by: Mr. Arakaki Approved: PC -125 Deferred: August 24, 1994 and Comm. 1184.09: From Anne R. Plack, dated August 5, 1994; Comm. 1184.38: From Councilman James Arakaki, dated September 7, 1994, transmitting communication from Don Burdick, dated August 24, 1994; Comm. 1184.39 From Ramsey Pedersen, Director of Aviation Development, University of Hawaii - Honolulu Community College, dated September 9, 1994; Comm. 1184.40: From John S. Tolmie, Jr., President, Hawaii Island Board of Realtors, dated September 28, 1994; Comm. 1184.41: From Jeanne K. Schultz, Department of Business, Economic Development & Tourism, dated October 11, 1994; Order of Business Page 3 November 16, 1994 Comm. 1184.42: Comm. 1184.43: Comm. 1184.44: Res. 280 -94: From Marilyn Haymore, dated November 4, 1994; From J.A. Hanley, Hawaii Island Chamber of Commerce, dated November 7, 1994; From David Blyth, President, Hawaii Island Contractor's Association, dated November 7, 1994. Authorizes the acceptance of Wang computer equipment from Case & Lynch. Comm. 1303 Intr. by: Mr. Arakaki Approved: FC -253 Res. 281 -94: Resolves that it is the order of the County of Hawaii, County Council, under Hawaii County Code, Chapter 25 (Zoning Code), Article 1 (General Provisions), Division 2 (Administration and Enforcement), Section 25 -15 (a)(b)(Acts prohibited; civil action), Section 25 -15, that the Corporation Counsel immediately commence action or proceedings for the abatement, removal, and enjoinment of the unlawful structures, development, or use, and shall take such other steps and apply to such courts of proper jurisdiction to grant such relief as will abate and remove the unlawful improvement, development or use, and restrain and enjoin any person from setting up, building, maintaining, or using the unlawful building, structure, improvement or development, or using any property contrary to the provisions of the Hawaii County Code and /or the State of Hawaii Land Use Commission Rules and Regulations pursuant to Hawaii Revised Statutes Chapter 205; (George Grace, TMK: 6- 4- 13:75). Comm. 1305 Intr. by: Mr. Domingo Approved: PC -137 Order of Business Page 4 November 16, 1994 Res. 284 -94: Resolves that any contract includes provisions (Draft 2) that an exercise of any option to repurchase shall be subject to Council approval; finds that the benefits to be derived from the aforementioned provide substantial reasons to allow the Administration to negotiate a contract to acquire a West Hawaii facility requiring the payment of funds from an appropriation of a later fiscal year which contract shall be presented to the Council for approval; further that pursuant to provisions of Section 10 -11 of the Hawaii County Charter approves the obligation to acquire a West Hawaii facility requiring the payment of funds from an appropriation of a later fiscal year. Comm. 1315 Intr. by: Mr. Arakaki Approved: FC -254 Res. 285 -94: Authorizes the County of Hawaii to enter into Supplemental Agreement HA- 94 -1 -N, with the Executive Office on Aging, Office of the Governor, State of Hawaii, pursuant to HRS Section 46 -8, whereby the State of Hawaii provides funds to the County of Hawaii Office of Aging to maintain programs relevant to the needs of the elderly. Comm. 870.01 Intr. by: Mr. Arakaki Approved: FC -255 Res. 286 -94: Authorizes the acceptance of a Lanier recorder from Electronics Hawaii, Inc. Comm. 1319 Intr. by: Mr. Arakaki Approved: FC -256 Res. 289 -94: Maintains Government Beach Road and funds (Draft 3) annual maintenance which may involve the hauling /spreading of at least 20 truck loads of cinder or crushed rock or stabilizing with pavement, brush clearing, sickle mowing and patching potholes. Comm. 1325 Intr. by: Mrs. Hale Approved: HSPWC -136 Order of Business Page 5 November 16, 1994 Res. 297 -94: Resolves that it is the order of the County of Hawaii, County Council, under Hawaii County Code, Chapter 25 (Zoning Code), Article 1 (General Provisions), Division 2 (Administration and Enforcement), Section 25 -15 (a)(b) (Acts prohibited; civil action), Section 25 -15, that the Corporation Counsel immediately commence action or proceedings for the abatement, removal, and enjoinment of the unlawful structures, development, or use and shall take such other steps and apply to such courts of proper jurisdiction to grant such relief as will abate and remove the unlawful improvement, development or use, and restrain and enjoin any person from setting up, building, maintaining, or using the unlawful building, structure, improvement or development, or using any property contrary to the provisions of the Hawaii County Code and /or the State of Hawaii Land Use Commission Rules and Regulations pursuant to Hawaii Revised Statutes Chapter 205; (J. Hodkinson, B.J. Hodkinson, TMK: 9- 2- 87:parcel 19; W. Watson, J. Watson, TMK: 9- 2- 73:parcel 20; E.J. Lunchenbill, TMK: 9- 2- 162:parcels 42 -46; S.A. Littell, TMK: 9- 2- 35:parcel 4.) Comm. 1345 Intr. by: Mr. Domingo Approved: PC -138 and Comm. 1345.04: From Scott Littell, dated October 17, 1994. Res. 298 -94: Supports the original intent of the Honeybee Act of 1922; requests that the United States Department of Agriculture (USDA) reopen the comment period regarding the importation of honeybees and honeybee semen from New Zealand; encourages the USDA to exclude Hawaii from any legislation regarding exceptions to the Honeybee Act of 1922; encourages those people and businesses affiliated with the bee industry to respond to the Amendment 7 Code of Federal Regulations, Part 322, which would permit the shipments and transshipments of honeybees or honeybee semen from New Zealand into the United States. Comm. 1350 Intr. by: Mr. De Lima Approved: PC -139 Order of Business Page 6 November 16, 1994 Res. 299 -94: Authorizes the County of Hawaii to enter into an agreement with the United States of America, HRS 46 -7, for a Sobriety Checkpoint Grant. Comm. 1351 Intr. by: Mr. Arakaki Approved: FC -257 Res. 311 -94: Supports ENSERCH's proposed Hamakua project for a cogeneration plant and combined light industrial park and plantation heritage center; Comm. 1374 Intr. by: Mr. Domingo and various Councilmembers Waived: PC and Comm. 1374.01: From Councilmember James Y. Arakaki, dated November 4, 1994, submitting a proposed Draft 2 to Resolution 311 -94. Res. 312 -94: Authorizes the exemption of Zoning Code requirements for two affordable housing projects within the proposed Ouli Golf Community pursuant to Chapters 201E -201 and 201E -210 of the Hawaii Revised Statutes. Comm. 485.01 Intr. by: Mr. Schutte Approved: CHA (10/19/94) Res. 314 -94: Approves a Volcanic Hazard Policy applicable to U.S. Department of Housing and Urban Development Programs for the County of Hawaii. Comm. 1382 Intr. by: Mr. Schutte Approved: CHA (10/19/94) Res. 321 -94: Creates and funds two Scale Attendants, SR -08 positions, two Solid Waste Transfer Station Attns (Spotters), BC -05 positions, and one Accountant I, SR -18 position; and that the positions be funded from the Solid Waste Fund. Comm. 1404 Intr. by: Mr. Arakaki Waived: FC Order of Business Page 7 November 16, 1994 Res. 322 -94: Creates a School Crossing Guard position for Kohala High and Elementary School. Comm. 1413 Intr. by: Mr. Arakaki Waived: FC Res. 323 -94: Creates a School Crossing Guard position for Waikoloa Elementary School. Comm. 1413 Intr. by: Mr. Arakaki Waived: FC ORDINANCES Bill 308: Amends Ordinance 94 -71, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1995, by appropriating revenues in the State Grant - Product Development Project account by $75,000; appropriates same to the Product Development Project account. Comm. 1300 Intr. by: Mr. Arakaki Approved: FC -258 Bill 310: Amends Section 25 -87 (North Kona Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, relating to Modifications of Conditions of Ordinance 91 -22 for lands situated at Kalaoa 5th, North Kona, covered by TMK: 7- 3- 10:Portion of 27. [Haseko (Hawaii), Inc.] Comm. 1313 Intr. by: Mr. Domingo Waived: PC Deferred: October 5, 1994 Order of Business Page 8 November 16, 1994 Bill 311: Zones. (Mauro Street, between Punahoa Street) Amends Chapter 24, Article 10, Section 24 -288, of the Hawaii County Code 1983, Freight Loading Comm. 1314 Intr. by: Approved: Bill 338: relating to Traffic Regulations. (Freight loading zones - Punahoa Street; Kamehameha Avenue) Kamehameha Avenue and Mr. De Lima HSPWC -138 Amends Chapter 24, Article 10, Section 24 -288, of the Hawaii County Code 1983, as amended, Comm. 1410 Intr. by: Mr. De Lima Waived: HSPWC Bill 312: Amends Ordinance 94 -70, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1994 to June 30, 1995, by adding the PUBLIC WORKS Kona Services Center project ($5,000,000); funds for this project shall be provided from General Obligation Bonds and /or Other Sources. Comm. 1315 Intr. by: Mr. Arakaki Approved: FC -259 Bill 316: Amends Section 25 -95F (Kawaihae -Puako Zone Map) (Draft 2) Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 19,366 sq. ft. of land from Resort -Hotel (V -1.25) to Village Commercial (CV -15) at Lalamilo, Waimea, South Kohala, covered by TMK: 6 -9- 03:22. (Guy A. Startsman) Comm. 1326 Intr. by: Mr. Domingo Approved: PC -140 Order of Business Page 9 November 16, 1994 Bill 319: Amends Ordinance 94 -71, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1995, by increasing revenues of $116,000 in Sobriety Checkpoint Exp Account; and appropriates same to the Sobriety Checkpoint FY 94 -95 account. Comm. 1351 Intr. by: Mr. Arakaki Approved: FC -260 Bill 339: Amends Ordinance 91 -55 (Adopted June 19, 1991), as amended, relating to the cost of improvements in "Improvement District No. 17 - Kaloko Subdivision," Kaloko, District of N. Kona, County of Hawaii, fixing the portion of the cost to be assessed against benefited land, imposing assessment lien against each lot assessed according to the assessment, providing for payment of assessments in installments, authorizing Finance Director to negotiate sale and distribute official statement, and final assessment roll and relating to the cost of making the reallocation of assessments. Comm. 1414 Intr. by: Mr. Arakaki Waived: FC ORDER OF THE DAY Bill 250: Amends Chapter 5, Hawaii County Code 1983, relating to Building Energy Efficiency Standards. Comm. 1072 Intr. by: Mr. Rosehill 1st Reading: August 10, 1994 Approved: HSPWC --137 Order of Business Page 10 November 16, 1994 Financial Reports: Financial Monthly Revenue Reports from the Department of Finance for the month ended September 30, 1994. FC Rept. 261: Recommends that a resolution requesting a (C -1316) crossing guard position for Waikoloa Elementary School be drawn up and sent to the Council for approval. FC Rept. 262: Recommends that a resolution requesting a (C ®1346) crossing guard position for Kohala High and Elementary School be drawn up and sent to the Council for approval. FC Rept. 263: Recommends the approval of the real property (C -1347) exemption claims for the old Cunningham Building and the Kress Building. OTHER BUSINESS STATEMENTS FROM THE PUBLIC ANNOUNCEMENTS HOUSING AGENCY WEDNESDAY, NOVEMBER 16, 1994 2:30 p.m. TUESDAY, NOVEMBER 29, 1994 FINANCE COMMITTEE HUMAN SERVICES & PUBLIC WORKS COMMITTEE 9:00 a.m. 10:30 a.m. COUNCILROOM COUNCILROOM COUNCILROOM PLANNING COMMITTEE 1:30 p.m. COUNCILROOM Order of Business Page 11 November 16, 1994 COUNCIL COUNCIL SINE DIE NEW COUNCIL ADJOURNMENT WEDNESDAY NOVEMBER 30 1994 9:00 a.m. MONDAY, DECEMBER 5, 1994 10:00 a.m. 3:00 p.m. COUNCILROOM COUNCILROOM COUNCILROOM (The meeting place is accessible for persons with physical disabilities. Those requiring assistance due to hearing impairments may call 961 -8255. Persons using TDDs may call the TDD hearing impaired relay service at 961 -8521. Individuals needing special assistance are asked to call either number before the close of business on Monday, November 14, 1994. All interested persons wishing to speak on matters listed on the Order of Business must register with the staff of the County Clerk's Office 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. Copies of the official agendums and all communications are posted and filed at the County Clerk's Office in Hilo and the Office of the Mayor in Kailua -Kona. For further information, please call 961 - 8255.)