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Home My WebLink AboutAGE COUNCIL 12/17/1997 1996-1998 NTr•®~ H,~ JAMES Y ARAKAKI ~o;'.• AARON S.Y. CHUNG G~air;,~nn Presiding Officer `~'~'''s'; BOBBY JEAN LEITHEAD-TODD JOHN RAY AL SMITH Vice C/wirman a, < JOSEPH REYNOLDS ''E'm~•~p~'' JOHN SANTANGELO, JR. J. CURTIS TYLER, III DOMINIC YAGONG COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 c. - ~ , . _ ~Oth SeS~i0Y1 ORDER OF BUSI1~lESS - r. Hawaii County Councilroom Hilo, Hawaii Wednesday, December 17, 1997 9:00 a.m. CALL TO ORDER ROIL CALL IATVOCATION Pastor Richard Uejo of Heritage Christian Fellowship & Chaplain of Kilauea Military Camp APPROVAL OF MIHtTTES September 3, 1997 and October 1, 1997 STATEMEI~TTS FROM THE PUBIIC OIQ ITEMS LISTED Olv THE ORDER OF BUSINESS Hawaii County Council Page 2 December 17, 1997 PETITIONS, MEMORIALS AND COMMUNICATIONS Comm. 598: NOMINATIONS - HAWAII COUNTY PLANNING COMMISSION From Mayor Stephen K. Yamashiro, dated November 21, 1997, submitting the following names to the Hawaii County Planning Commission to serve terms ending December 31, 2002: Malcolm R. Sazby of Puna and Geraldine M. Giffin of Kohala; and Comm. 598.01: From Mayor Stephen K. Yamashiro, dated December 4, 1997, requesting on Mr. Malcolm R. Sa~by's behalf withdrawal of his nomination to the Hawaii County Planning Commission. Comm. 599: NOMINATIONS - HAWAII LIOUQR COMMISSION From Mayor Stephen K. Yamashiro, dated November 20, 1997, submitting the following names to the Hawaii County Liquor Commission to serve terms ending December 31, 2002: Donald E. Abdul of Hilo and Charles H. Sakamoto of Ka'u. ORDER OF RESOLUTIONS Res. 415-96: Authorizes the ezchange of real property with Hamakua Housing Corporation; remnant piece of the Old Mamalahoa Highway, Remnant J, and TMK: (3)3-5-003-028 (Por.); Re: Comm. 1475/1996 and Comm. 458 Intr. by: Mr. Domingo Waived: HSPWC Deferred: November 21, 1996 and Comm. 458: From Deputy Corporation Counsel Gerald Takase, dated August 8, 1997; and Comm. 458.01: From Deputy Corporation Counsel Gerald Takase, dated November 13, 1997: and Comm. 458.02: From Noelani Mason, dated November 23, 1997. Hawaii County Council Page 3 December 17, 1997 Res. 185-97: Approves the cost items agreed upon by the employers and Hawaii Government Employees Association affecting HGEA Bargaining Units 03, 04, 63 and 84 for the contract period July 1, 1997, through June 30, 1999; Re : Comm. 582 Intr. by: Mr. Chung (B/R} Filed: FC-173 and Comm. 582.01: From HGEA-AFSCME Division Chief Gary Yoshiyama, dated December 3, 1997. Res. 186-97: Creates nine (9) Police Officer II positions. Re : Comm. 571.01 Intr. by: Mr. Chung Approved: FC-172 Res. 189-97: Authorizes the acceptance of thirty-two Royal (Draft 2) Palms. Re: Comm. 589.01 Intr. by: Mr. Smith Approved: FC-177 Res. 190-97: Creates a Park Caretaker I position and an Equipment Operator II temporary position for the Department of Parks & Recreation. Re : Comm. 591 Intr. by: Mr. Chung Approved: FC-178 Res. 191-97: Increases time element of Program Specialist (Elderly) from 3/4T to full time. Re: Comm. 592 Intr. by: Mr. Chung Approved: FC-179 Hawaii County Council Page 4 December 17, 1997 Res. 193-97: Transfers $45,082 out and from the Clerk-Council Services Other Contractual Expense, Miscellaneous Contract Services account; and appropriates same to the following accounts: Parks & Recreation Administration - Other Contractual Ezpenses, Miscellaneous Contract Services ($29,400), Chief Engineer - Other Contractual Ezpenses, Miscellaneous Contract Services ($682), and Parks & Recreation Administration - Other Contractual Ezpenses, Miscellaneous Materials & Supplies (15,000). Re : Comm. 601 Intr. by: Mr. Chung Waived: FC Res. 201-97: Supports the Hawaii Fin Swimming Events Council and the proposed Hawaii International Fin Swimming Invitational Grand Priz. Re : Comm. 618 Intr. by: Mr. Ray Waived: HSEDC BILLS FOR ORDINANCES Bill 163: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. (Designated angle parking areas) Re: Comm. 569 Intr. by: Mr. Yagong Approved: PWPC-78 Bill 165: Amends the State Land Use Boundaries Map, H-7 for the County of Hawaii, by changing the district classification of 5.055 acres of land from the Agricultural to the Rural District at Honokohau 2nd, North Kona, covered by TNT: 7-4-06:38. (Malia Ohana Partnership 2, applicant) Re: Comm. 574 Intr. by: Ms. Leithead-Todd (B/R) Approved: PC-81 Hawaii County Council Page 5 December 17, 1997 Bill 166: Amends Section 25-8-3 (North Kona Zone Map), (Draft 2) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 5.055 acres of land from Agricultural (A-5a) to Residential and Agricultural (RA-.5) at Honokohau 2nd, North Kona, covered by TMK: 7-4-06:38; (Malia Ohana Partnership 2, applicant) Re : Comm. 574 Intr. by: Ms. Leithead-Todd Approved: PC-82 and Comm. 574.02: From Planning Committee Chair Bobby Jean Leithead-Todd, dated December 8, 1997, ~~ansmittina a nroup~~d Bill 16~., Draft 3: Bill 166: Amends Section 25-8-3 (North Kona Zone Map), (Draft 3) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 5.055 acres of land from Agricultural (A-5a) to Residential and Agricultural (RA-.5) at Honokohau 2nd, North Kona, covered by TMK: 7-4-06:38. (Malia Ohana Partnership 2, applicant) Bill 167: Amends Section 25-8-3 (North Kona Zone Map), (Draft 2) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 2.095 acres of land from Agricultural (A-5a) to Family Agricultural {FA-lA) at Hamanamana, North Kona, covered by TMK: 7-3-53:49. (Randi Wilson, applicant) Re : Comm. 575 Intr. by: Ms. Leithead-Todd Approved: PC-83 Hawaii County Council Page 6 December 17, 1997 Bill 168: Amends Ordinance 97-82, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1997, to June 30, 1998, by adding the following projects: PUBLIC WORKS - Waiakea Uka Waterline Improvements ($2,500,000), Alawaena Street Improvements ($50,000), Kailua-Kona Flood Control Improvements - Phases I & II ($1,400,000); PARKS & RECREATION - Shipman Park All Purpose Field Improvements - Phase II ($50,000) and Keaau Community Center ($150,000); funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($4,150,000). Re: Comm. 583 Intr. by: Mr. Chung Approved: FC-174 Bill 169: Amends Ordinance 97-83, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1998, by appropriating revenues of $3,000 in the State Grant - Kaulunani Urban Forestry account; and appropriates same to the West Hawaii Veterans Cemetery Trees account. Re: Comm. 584 Intr. by: Mr. Chung Approved: FC-175 Bill 170: Amends Ordinance 97-83, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1998, by appropriating revenues of $2,700 in the State Grant - Kaulunani Urban Forestry account; and appropriates same to the Hilo Municipal Golf Course Trees account. Re : Comm. 584 Intr. by: Mr. Chung Approved: FC-176 Hawaii County Council Page 7 December 17, 1997 ORDER OF THE DAY Bill 161: Amends Ordinance 97-83, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1998, by appropriating revenues of X70,900 in the Federal Grant - Public Housing Drug Elimination account; and appropriates same to the Public Housing Drug Elimination Program account. Re: Comm. 555 Intr. by: tKr. Chung 1st Reading: December 3, 1997 Bill 162: Amends Chapter 2 of the Hawaii County Code 1983 (1995 Edition) to encourage the proper use and spelling of Hawaiian words and terms. Re: Comm. 567 Intr. by: Mr. Tyler 1st Reading: December 3, 1997 Bill 164: Amends Ordinance 97-83, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1998, by increasing revenues of X675,000 in the Federal Grants COPS Ahead Program account; and appropriates same to the COPS Ahead Program account. Re: Comm. 571 Intr. by: Mr. Chung 1st Reading: December 3, 1997 Bill 171: Amends the Hawaii County Code relating to an Affordable Housing Policy for the County of Hawaii; Re: Comm. 597 Intr. by: Mr. Santangelo 1st Reading: December 3, 1997 and Comm. 597.04: From Steven S.C. Lim, Carlsmith Ball Wichman Case & Ichiki, dated December 3, 1997. REPORTS PWPC Rept. 79: The Committee on Public Works and Parks (C-229) recommends that Communication No. 229, the sidewalk use permit application for Basil's Restaurant, be filed. Hawaii County Council Page 8 December 17, 1997 FC Rept. 170: The Committee on Finance recommends confirmation (C-580) of the appointment of Mr. William F. Green to the Hawaii County Taz Board of Review to serve a term ending December 31, 2002. FC Rept. 171: The Committee on Finance recommends confirmation (C-581) of the appointment of Mr. Gary K. Yoshimura to the Hawaii County Fire Board of Appeals to serve a term ending December 31, 2002. REFERRALS FOR EXECUTIVE SESSION Comm. 238.04: EXECUTIVE SESSION - APPROVAL OF FOURTH AMENDED AGREEMENT FOR SPECIAL COUNSEL, WILLIAM SILVA, ET AL., VS. COUNTY OF HAWAII, ET AL., CIVIL NO. 96-00359 DAE, U.S. DISTRICT COURT, GALE L. F. CHING. E FOR CO-DEFENDANT WAYNE G CARVALHO From Assistant Corporation Counsel Ted H.S. Hong, dated November 26, 1997. Comm. 295.04: EXECUTIVE SESSION - APPROVAL OF FIFTH AMENDED AGREEMENT FOR SPECIAL COUNSEL, WILLIAM SILVA, ET AL., VS. COUNTY OF HAWAII, ET AL., CIVIL NO. 96-00359 DAE, U.S. DISTRICT COURT, JOHN T. HOSHIBATA, ESQ FOR CO-DEFENDANT VICTOR V. VIERRA From Assistant Corporation Counsel Ted H.S. Honq, dated November 26, 1997. Comm. 297.02: EXECUTIVE SESSION - APPROVAL OF SIXTH AMENDED AGREEMENT FOR SPECIAL COUNSEL, KONNO ET AL., V. YAMASHIRO ET AL., PUUANAHULU LAND FILL CASE (SUPREME COURT NOS. 18203 & 18236, MCCORRISTON MIHO MILLER & MUKAI~ From Assistant Corporation Counsel Ted H.S. Hong, dated November 26, 1997. OTHER BUSINESS Hawaii County Council Page 9 December 17, 1997 ANNOUNCEMENTS ~~JESDAYR JANUARY 6. 192 PUBLIC WORKS AND PARKS 9:00 a.m. COUNCILROOM COMMITTEE FINANCE COMMITTEE 10:30 a.m. COUNCILROOM HUMAN SERVICES & ECONOMIC 1:00 p.m. COUNCILROOM DEVELOPMENT COMMITTEE PLANNING COMMITTEE 2:30 p.m. COUNCILROOM WEDNES~DA~~ JANUARY 7,. 1998 COUNCIL 9:00 a.m. COUNCILROOM COUNCIL PUBLIC HEARING - 5:00 p.m. COUNCILROOM FUEL TAX RESOLUTION NO. 192-97, DRAFT 3 THURSDAY, JANUARY 8. 1998 COUNCIL PUBLIC HEARING - 5:00 p.m. ROYAL WAIKOLOAN HOTEL FUEL TAX RESOLUTION KING'S BALLROOM NO. 192-97, DRAFT 3 THURSDAY, ti7ANUARY 15R 1998 PUBLIC WORKS AND PARKS 9:00 a.m. COUNCILROOM COMMITTEE FINANCE COMMITTEE 10:30 a.m. COUNCILROOM PLANNING COMMITTEE 1:30 p.m. COUNCILROOM FRIDAY. JANUARY 16. 1998 COUNCIL 9:00 a.m. COUNCILROOM STATEMENTS FROM THE PUBLIC ADJOURNMENT (Note: B/R, as listed nett 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.) Hawaii County Council Page 10 December 17, 1997 The meeting place is accessible for persons with physical disabilities. Persons who need special accommodations to attend this hearing should call 961-8255 by Monday, December 15, 1997, for information. Persons using TDDs may call 961-8521. Those desiring to speak on matters listed on the Order of Business will register at the County Clerk's Office prior to the convening of the meeting. Por those wishing to submit written testimony on matters listed on the Order of Business, fifteen (15) written copies should be prepared for presentation to the C®uncil and submitted 24 hours prior to the convening of the meeting. GOVERNMENT ACCESS fiELEVISION: Wednesday, December 17, 1997 at 6:00 p.m. and on Sunday, December 21, 1997, at 9 a.m.; Hilo - Channel 4, Kona - Channel 12.