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HomeMy WebLinkAboutAGE COUNCIL 02/19/1997 1996-1998 JAMES Y. ARAKAKI ' X40, AARON S.Y. CHUNG Chairman t> Presiding Officer ~s ~ ~ BOBBY JEAN LEITHEAD-TODD JOHN RAY AL SMITH ` JOSEPH REYNOLDS Vice Chairman ~ ~.M>' ~°`'r`~ >E b~•Hw:a JOHN SANTANGELO, JR. J. CURTIS TYLER, III DOMINIC YAGONG COUNTY COUNCIL County of Hawaii Hawaii County Buildin,Q 25 Aupuni Street Hilo, Hawaii 96720 rr 7th Session ~ ~ ORDER OF BUSINESS Hawaii County Councilroom Hilo, Hawaii _ o-::, Wednesday, February 19, 1997 9:00 a.m. CALL TO ORDER ROLL CALL INVOCATION The Reverend Jim Ritchie of the New Hope Christian Fellowship APPROVAL OF MINUTES January 8, 1997 STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS Hawaii County Council Page 2 February 19, 1997 PETITIONS, MEMORIALS AND COMMUNICATIONS ORDER OF RESOLUTIONS Res. 147-93: Requests the Planning Department to utilize the alternate system of LESA-based land evaluation standards, criteria, maps and associated data as produced by the Office of State Planning when evaluating requests for rezoning agricultural lands or issuing special use permits thereon, until the County develops, formally adopts and institutes a County LESA system; that when the lands under review are consequently determined to be important agricultural lands, the Planning Department is requested to give great weight to this finding in its deliberations, and that its consideration of such be recited in its decision and recommendations regarding the subject applications. Re: C-739/1993 Intr. by: Mr. Childs Filed: PC-7 Res. 243-94: Calls for the establishment of a North Kona Regional Plan. Re: C-1131/1994 Intr. by: Mr. Rath Filed: PC-8 Res. 31-97: Authorizes the extension of the public sewer for Waiakea Houselots, Phase II, located at Hilo, District of South Hilo, County and State of Hawaii. Re: C-87.02 Intr. by: Mr. Yagong Approved: PWPC-15 Res. 32-97: Authorizes the acceptance of a three-way gated water manifold appliance from Construction Management Services. Re: C-120 Intr. by: Mr. Chung Approved: FC-35 Hawaii County Council Page 3 February 19, 1997 Res. 33-97: Authorizes the extension of the public sewer at Kaapoko Homestead Road, located at Papaikou, District of South Hilo, County and State of Hawaii; Re: C-121 Intr. by: Mr. Yagong Waived: PWPC Deferred: February 7, 1997 and Comm. 121.01: From Corporation Counsel dated February 10, 1997, regarding Papaikou Collector Sewer, Phase II. Res. 43-97: Recognition of the National Women's History Month. Re: C-146 Intr. by: Ms. Leithead-Todd and Members Waived: HSEDC Res. 44-97: Amends Resolution 13-96 by amending Rule 1(1), entitled "Council Meetings" and Rule 4(1), entitled "Presiding Officer" of the Rules of Procedure of the Council of the County of Hawaii relating to Officers and their duties. Re: G57.04 Intr. by: Mr. Arakaki BILLS FOR ORDINANCES Bill 524: Amends Chapter 23 (Subdivision Code), Article 6, Division 2, Section 23-88 of the Hawaii County Code, as amended, relating to non-dedicable, private dead-end streets. Re: C-1560/1988 Intr. by: Mr. Greenwell Filed: PC-16 Bill 7: Amends Chapter 2, Hawaii County Code 1983, relating to Administrative Appeals and Administrative Procedures. Re: C®19/1992 Intr. by: Mr. Arakaki Filed: PC-9 Hawaii County Council Page 4 February 19, 1997 Bill 703: Deletes Chapter 25-42 (Zoning Code) of the Hawaii County Code, as amended, relating to Shoreline Setback Line Regulations and referencing Rule 8 of the Planning Commission. Re: C-4364/1992 Intr. by: - Filed: PC-17 Bill 100: Amends Article 1, Chapter 25 (Zoning Code) of the Hawaii County Code 1983, as amended, as relating to Environmental Impact Statements. Re: C-462/1993 Intr. by: - Filed: PC-11 Bill 164: Amends Chapter 25 (Zoning Code) of the Hawaii County Code, as amended, relating to Golf Courses. Re: C-687/1993 Intr. by: Mrs. Hale Filed: PC-12 Bill 44: Amends Chapter 2, Article 7, Section 2-33 of the Hawaii County Code 1983, as amended, relating to Zoning Regulations. Re: C-201/1995 Intr. by: Mr. De Lima Filed: PC-10 Bill 219: Amends Chapter 25 (Zoning Code), Hawaii County (Draft 2) Code 1983, as amended, relating to Industrial-Commercial Mixed Use Districts. Re: C-698/1995 Intr. by: Mr. Domingo Filed: PC-13 Bill 360: Amends Ord. 706 which amended Section 25-107 (Pahoa Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, as amended, which reclassified certain lands from Single Family Residential (RS-15) to Village Commercial (CV-10) at trlaiakahiula, Puna, covered by TMK:l-5-13:35. (Council initiated - Bellman property) Re: C-1427/1996 Intr. by: Mr. Domingo Filed: PC-14 Hawaii County Council Page 5 February 19, 1997 Bill 371: Amends the County of Hawaii General Plan as adopted by Ordinance 89-142 and as amended by Ordinance Nos. 90-71, 91-48, 91-72, 91-131, 92-115, 93-10 and 93-11. (Redesignates approximately 25.293 acres of land from "Orchards" to "Resort" at Keekee 2nd, Ilikahi, Kanakau 1st and 2nd and Kalukalu 1st, 2nd and 3rd, South Kona, covered by TMK: 8-1-04:Portion of 3.) (Oceanside 1250, applicant) Re: C-1473/1996 Intr. by: Ms. Leithead-Todd Approved: PC-25 Bill 372: Amends the State Land Use Boundaries Map, H-8 for the County of Hawaii, by changing the district classification of 14.854 acres of land from the Agricultural to the Urban District at Keekee 2nd, Ilikahi, Kanakau 1st and 2nd, and Kalukalu 1st, 2nd and 3rd, South Kona, covered by TMK: 8-1-04:Portion of 3. (Oceanside 1250, applicant} Re: C-1474/1996 Intr. by: Ms. Leithead-Todd Approved: PC-26 Bill 373: Amends Section 25-88 {South Kona Zone Map), (Draft 3) Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 14.854 acres of land from Agricultural (A-la) to Resort (V-6.0) at Keekee 2nd, Ilikahi, Kanakau 1st and 2nd, and Kalukalu 1st, 2nd and 3rd, South Kona, covered by TMK: 8-1-04:Portion of 3; (Oceanside 1250, applicant) Re: C-1474/1996 Intr. by: Ms. Leithead-Todd Approved: PC-27 and Comm. 107.01: From Planning Committee Chair Bobby Jean Leithead-Todd, dated February 10, 1997, transmitting a proposed Bill 373, Draft 4 for consideration. Hawaii County Council Page 6 February 19, 1997 Bill 15: Amends Section 25-86 (North and South Kona (Draft 2) District Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 15.253 acres of land from Agricultural (A-20a) to Agricultural (A-3a) at Kalaoa 3rd, North Kona, covered by TMK: 7-3-02:02. (Robert J. Henriques and Gregg R. Kashiwa, applicants) Re: C-60.01 Intr. by: Ms. Leithead-Todd Approved: PC-18 Bill 18: Amends the State Land Use Boundaries Map, H-7 for the County of Hawaii, by changing the district classification of 4.910 acres of land from the Agricultural to the Rural District at Kaloko, North Kona, covered by TMK: 7-3-8:32. (Peter Dungate, applicant) Re: C-63 Intr. by: Ms. Leithead-Todd Approved: PC-19 Bill 19: Amends Section 25-87 (North Kona Zone Map), (Draft 2) Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 4.910 acres of land from Agricultural (A-la) to Residential and Agricultural (RA-la) at Kaloko, North Kona, covered by TMK: 7-3-8:32; (Peter Dungate, applicant) Re: C-63 Intr. by: Ms. Leithead-Todd Approved: PC-20 and Comm. 63.02: From Planning Committee Chair Bobby Jean Leithead-Todd, dated February 10, 1997, transmitting a proposed Bill 19, Draft 3, for consideration. Hawaii County Council Page 7 February 19, 1997 Bill 20: Amends Section 25-89 (Kailua Urban Zone Map), (Draft 2) Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 23,196 sq. ft. of land from Multiple Residential (RM-1) to Village Commercial (CV-10) at Puaa 3rd, North Kona, covered by TMK: 7-5-18:19. (Walua Road Joint Venture, applicant) Re: C-64 Intr. by: Ms. Leithead-Todd Approved: PC-21 Bill 21: Amends the State Land Use Boundaries Map, H-8 for the County of Hawaii, by changing the district classification of 14.013 acres of land from the Agricultural to the Urban District at Pahoehoe 3rd, North Kona, covered by TMK: 7-7-08:30 and 96. (Towne Development of Hawaii, Inc., applicant) Re: C-65 Intr. by: Ms. Leithead-Todd Approved: PC-22 Bill 22: Amends Section 25-87 (North Kona Zone Map), (Draft 3) Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 14.013 acres of land from Unplanned (U) to Single Family Residential (RS-15) at Pahoehoe 3rd, North Kona, covered by TMK: 7-7-08:30 and 96. (Towne Development of Hawaii, Inc., applicant) Re: C-65 Intr. by: Ms. Leithead-Todd Approved: PC-23 Bill 24: Amends Section 25-86 (North and South Kona (Draft 2) District Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 22.065 acres of land from Agricultural (A-20a) to Agricultural (A-5a) at Kaloko, North Kona, covered by TMK: 7-3-25:4. (Hao Street Hui, applicant) Re: C-74 Intr. by: Ms. Leithead-Todd Approved: PC-24 Hawaii County Council Page 8 February 19, 1997 Bill 31: Amends Ordinance 96-68, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1996 to June 30, 1997, by adding the following projects: PUBLIC WORKS Pauka'a Community Collector Sewer - SRF (State Revolving Fund) ($2,500,000), and Waiakea Houselot Collector Sewer, Phase II - SRF (State Revolving Fund) ($6,900,000); funds for these projects shall be provided from State Revolving Funds (SRF) ($9,400,000) account. Re: C-87 Intr. by: Mr. Chung Approved: FC-44 Bill 32: Authorizes the issuance of $9,400,000 General Obligation Bonds of the County of Hawaii for the purpose of financing qualified wastewater public improvements of the County of Hawaii; fixing the form, denominations, and certain other details of such bonds and providing for their sale to the Department of Health of the State of Hawaii to secure one or more loans by said Department. Re: C-87 Intr. by: Mr. Chung Approved: FC-36 Bill 36: Amends Chapter 20 of the Hawaii County Code 1983 (1995 Edition), relating to Refuse. Re: C-105 Intr. by: Mr. Chung Approved: FC-41 Bill 37: Amends Chapter 24 of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. (Parking prohibited in Tow or Tow-Away zones) Re: C-106 Intr. by: Mr. Yagong Approved: PWPC~16 Hawaii County Council Page 9 February 19, 1997 Bill 38: Amends Ordinance 96-68, as amended, relating to Public Improvements and Financing Thereof for the Fiscal year July 1, 1996 to June 30, 1997, by adding the following projects: PUBLIC WORKS Kona Road Improvements, Phase II - Federal ($4,708,800) and Kona Road Improvements, Phase II ($1,291,200); funds for these projects shall be provided from the following accounts: Federal Grants Receivable ($4,708,800) and General Obligation Bonds and/or Other Sources ($1,291,200). Re: CA119 Intr. by: Mr. Chung Approved: FC-37 ORDER OF THE DAY Bill 439: Amends Chapter 14, Article 3, of the Hawaii County Code 1983, relating to Noise Control. Re: C-1110.006/1987 Intr. by: Mr. Domingo 1st Reading: December 2, 1987 Filed: PC-15 Bill 2: Amends Ord. 96-68, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1996 to June 30, 1997, by adding the following project: PARKS AND RECREATION Kawananakoa/Hualani Park Gymnasium (Plans, Design and Construction) by X1,000,000; funds for this project shall be provided from General Obligation Bonds and/or Other Sources. Re: C-13 Intr. by: Mr. Osorio 1st Reading: February 7, 1997 Hawaii County Council Page 10 February 19, 1997 Bill 14: Amends Ord. 96-72, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1997, by appropriating $496,192 to the Geothermal Royalties Account ($148,000) and to the Fund Bal from Prev Year, Geothermal Royalty Fund ($348,192); and appropriating to the following Geothermal accounts: Reg S&W ($6,024), Misc Cont Serv ($487,457), Pension Accum ($978), FICA Employer Share ($461), and Employee Health Plan ($1,272). Re: C-59 Intr. by: Mr. Chung 1st Reading: February 7, 1997 Bill 17: Amends Section 25-95E (Lalamilo-Puukapu Zone (Draft 3) Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 49,700 sq. ft. from Agricultural (A-la) to Single Family Residential (RS-10) at Waimea, South Kohala, covered by TMK:6-5-07:25. (Lawrence L. Stevens, applicant) Re: C-62.02 Intr. by: Ms. Leithead-Todd 1st Reading: February 7, 1997 Bill 23: Amends Chapter 24 (Traffic Schedule), of the Hawaii County Code 1983 (1995 Edition), relating to Traffic Regulations. (Hualalai Street - proposed no-parking zone) Re: C-68 Intr. by: Mr. Yagong 1st Reading: February 7, 1997 Bill 25: Amends the Hawaii County Code 1983 (1995 Edition) (Draft 2) relating to the Building Code. (Hawaii Model Energy Code) Re: C-75.01 Intr. by: Mr. Yagong 1st Reading: February 7, 1997 Bill 26: Amends Chapter 24 of the Hawaii County Code 1983 (1995 Edition), relating to Operation of Vehicles. (Permits; issuance; procedure) Re: C-76 Intr. by: Mr. Yagong 1st Reading: February 7, 1997 Hawaii County Council Page 11 February 19, 1997 Bill 29: Amends Chapter 24 (Traffic Schedule) of the Hawaii County Code 1983 (1995 Edition), relating to Traffic Regulations. (Kekuanaoa Street - remove parking meters and 5 parking stalls) Re: C-SO Intr. by: Mr. Yagong 1st Reading: February 7, 1997 Bill 30: Amends Chapter 2, Article 15, Section 2-86, (Draft 2) Hawaii County Code 1983, relating to Informal Advisory Opinions. Re: C-85 Intr. by: Mr. Chung 1st Reading: February 7, 1997 Bill 33: Amends Ord. 96-72, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1997, by increasing revenues in Federal Grants - Maser Speed Measuring account by X10,500; and appropriates same to the Laser Speed Detect 95-96 - Misc Equip account. Re: C-88 Intr. by: Mr. Chung lst Reading: February 7, 1997 Bill 34: Amends Ord. 96-72, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1997, by increasing revenues in the Federal Grants - Sobriety Checkpoint Eap by X20,000; and appropriates same to the Sobriety Checkpoint account. Re: C-90 Intr. by: Mr. Chung 1st Reading: February 7, 1997 Bill 35: Amends Ord. 96-68, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1996 to June 30, 1997, by adding the following project: PUBLIC WORKS Kamehameha Avenue Sewer Rehab by $719,784; funds shall be provided from General Obligation Bonds and/or Other Sources. Re: C-92 Intr. by: Mr. Chung 1st Reading: February 7, 1997 Hawaii County Council Page 12 February 19, 1997 Bill 40: Amends Ord. 96-72, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1997, by increasing revenues in the Fund Balance From Prior Year Designated account, County Housing Revolving Fund, by $215,937.01; and appropriates to the following accounts: Hualalai Colony II ($116,877.87), Kalaoa Vistas Subdivision ($22,021.26), Kula Ridge Subdivision - Phase I ($43,620.37), and Kealoha Subdivision ($33,417.51). Re: C-123 Intr. by: Mr. Santangelo 1st Reading: February 7, 1997 REPORTS PWPC Rept. 12: The Committee on Public Works & Parks finds (C-98) Donna Fay K. Kiyosaki to be qualified to serve as Chief Engineer for the County of Hawaii; recommends her appointment be confirmed. PWPC Rept. 13: The Committee on Public Works & Parks finds (C-99) George Yoshida to be qualified to serve as Director of the Department of Parks and Recreation for the County of Hawaii; recommends his appointment be confirmed. PWPC Rept. 14: The Committee on Public Works & Parks finds the (C-108) following nominees to be qualified to serve on the Hawaii County Veterans Advisory Committee; recommends confirmation of the appointment of Mr. Jack A. Kondo, Mrs. Mabel W. De Silva and Mr. George H. Yamamoto to serve a term ending December 31, 2001; recommends confirmation of the appointment of Mrs. Denise B. Nakanishi to serve a term ending December 31, 1997. FC Rept. 38: The Committee on Finance recommends confirmation (0100) of the reappointment of Harry Takahashi as Finance Director of the County of Hawaii. FC Rept. 39: The Committee on Finance recommends confirmation (C-101) of the reappointment of Mr. Nelson Tsuji as Chief of the Fire Department for the County of Hawaii. Hawaii County Council Page 13 February 19, 1997 FC Rept. 40: The Committee on Finance recommends confirmation (CA102) of the reappointment of Mr. Richard Wurdeman as Corporation Counsel for the County of Hawaii. FC Rept. 42: The Committee on Finance recommends confirmation (C-114) of the appointment of Mr. Raymond G. Carvalho II to the Hawaii County Liquor Commission. FC Rept. 43: The Committee on Finance recommends confirmation (C-125) of the appointment of Mr. Warren P. Chong to the Hawaii County Board of Ethics, to serve a term ending December 31, 2001. HS&EDC Rept. 1: The Committee on Human Services & Economic (C-103) Development recommends confirmation of the appointment of Mrs. Diane Quitiquit as Director of the Department of Research & Development. PC Rept. 28: The Committee on Planning recommends confirmation (C-104) of the appointment of Ms. Virginia Goldstein as the Planning Director. CW Rept. 1: The Committee of the Whole recommends that (C-57.01 & Communication Nos. 57.01 and 47 be filed; that C-47) the Clerk draft appropriate legislation making the proposed amendments to Rules 1 and 4 for adoption by the Council at a subsequent meeting; that the Council Chair select five members to a Committee on Rules. REFERRALS FOR EXECUTIVE SESSION Comm. 145: EXECUTIVE SESSION - MITCHELL V. AKAMU, ~TVTT NO 95-00908 pAE From Deputy Corporation Counsel Joseph K. Kamelamela, dated February 7, 1997. OTHER BUSINESS Havaaii County Council Page 14 February 19, 1997 ANNOUNCEMENTS WEDNESDAY, FF,BRUARY 19 1997 COUNCIL 9:00 a.m. COUNCILROOM HOUSING AGENCY 2:00 p.m. COUNCILROOM THURSDAY, MARCH 6, 1997 PUBLIC WORKS & PARKS 9:00 a.m. COUNCILROOM COMMITTEE FINANCE COMMITTEE 10:30 a.m. COUNCILROOM PLANNING COMMITTEE 1:30 p.m. COUNCILROOM FRIDAY, MARCH 7, 1997 COUNCIL 9:00 a.m. COUNCILROOM MONDAY, MARCH 17. 1997 HUMAN SERVICES & ECONOMIC 3:00 p.m. KONG SURF HOTEL DEVELOPMENT PUBLIC KAMEHAMEHA BALLROOM HEARING (NONPROFIT ORGANIZATIONS) COUNCIL PUBLIC HEARING 6:30 p.m. KONA SURF HOTE:~~ (OP/CIP BUDGET) KAMEHAMEHA BALLROOM TUESDAYS MARCH 18, 1997 PUBLIC WORKS & PARKS 9:00 a.m. COUNCILROOM COMMITTEE FINANCE COMMITTEE 10:30 a.m. COUNCILROOM PLANNING COMMITTEE 1:30 p.m. COUNCILROOM COUNCIL PUBLIC HEARING 6:30 p.m. COUNCILROOM (OP/CIP BUDGET) WEDNESDAY. MARCH 19, 1997 COUNCIL 9:00 a.m. COUNCILROOM HUMAN SERVICES & ECONOMIC 2:00 p.m. COUNCILROOM DEVELOPMENT PUBLIC HEARING (NONPROFIT ORGANIZATIONS) THURSDAY, MARCH ~0, 1997 SPECIAL FINANCE COMMITTEE 9:00 a.m. COUNCILROOM (DEPARTMENTAL REVIEW) SPECIAL FINANCE COMMITTEE 1:30 p.m. COUNCILROOM (DEPARTMENTAL REVIEW) Hawaii County Council Page 15 February 19, 1997 MONDAY, MARCH 24, 1997 SPECIAL FINANCE COMMITTEE 9:00 a.m. COUNCILROOM (DEPARTMENTAL REVIEW) SPECIAL FINANCE COMMITTEE 1:30 p.m. COUNCILROOM (DEPARTMENTAL REVIEW) TUESDAY, MARCH 25, 1997 SPECIAL FINANCE COMMITTEE 9:00 a.m. COUNCILROOM (DEPARTMENTAL REVIEW) SPECIAL FINANCE COMMITTEE 1:30 p.m. COUNCILROOM (DEPARTMENTAL REVIEW) STATEMENTS FROM THE PUBLIC ADJOURNMENT The meeting place is accessible for persons with physical disabilities. Persons who need special accommodations to attend this hearing should call 961--8255 by Tuesday, February 18, 1997, for information. Persons using TDDs may call 961-8521. Those desiring to speak on matters listed on the Order of Business will register with the County Clerk prior to the convening of the meeting. For 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 Council and submitted 24 hours prior to the convening of the meeting. PUBLIC ACCESS TELEVISION: Hilo - Wednesday, February 19, 1997 at 6 p.m. and Sunday, February 23, 1997 at 9 a.m. on Channel 4; Kona Thursday, February 20, 1997 at 6 p.m., and Sunday, February 23, 1997 at 9 a.m. on Channel 12.