HomeMy WebLinkAboutAGE COUNCIL 11/18/1998 1996-1998 JAMES Y. ARAKAKI ~tY,°i•"~ AARON S.Y. CHUNG
Chairman & Presiding ~cer ~u~ BOBBY JEAN LEITHEAD-TODD
wi JOHN RAY
AL SMITH JOSEPH REYNOLDS
Vice Chairman •oy.°:;,~, a~P+` JOHN SANTANGELO, JR.
C°~•"'~~ J. CURTIS TYLER, III
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street ~ .
Hilo, Hawaii 96720
52nd Session
ORDER OF BUSINESS
Hawaii County Council
Hilo, Hawaii
Wednesday, November 18, 1998
9:00 a.m.
CALL TO ORDER
ROLL CALL
INVOCATION Bishop Takashi Domingo of Honokaa LDS Ward
APPROVAL OF MINUTES
STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS
Hawaii County Council Page 2 November 18, 1998
PETITIONS, MEMORIALS AND COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 341-98: Authorizes the Corporation Counsel, and his authorized
representatives, to enter into an agreement with the individually named
party, who is an employee of the County of I-Iawaii, to represent him
in the civil action entitled "Roseline Pawai vs. John M. Pagay, County
of Hawaii, John and/or Jane Does 1-10, Civil No. 98-00652 DAE.
Re: Comm. 995.01
Intr. by: Mr. Chung
Waived: FC
Res. 342-98: Relates to the Kona Coffee Belt in the County of Hawaii.
(Draft 2)
Re: Comm. 1038
Intr. by: Mr. Reynolds
Approved: PC-157
Res. 343-98: Authorizes the closure of a portion of Kamokuna Street, at VVaiakea,
South Hilo, Hawaii, to vehicular access.
Re: Comm. 1044
Intr. by: Mr. Chung
Approved: PWPC-137
Hawaii County Council Page 3 November 18, 1998
Res. 344-98: Authorizes the Office of the Mayor to enter into an agreement for
services with the Department of Business, Economic Development &
Tourism, Office of Planning, State of Hawaii, to implement the Hawaii
Coastal Zone Management (CZM) Program.
Re: Comm. 1045
Intr. by: Ms. Leithead-Todd
Approved: PC-158
and
Comm. 1045.01: From Planning Director Virginia Goldstein, dated November 5, 1998.
Res. 346-98: Authorizes the County of Hawaii to enter into an agreement with the
United States of America, pursuant to HRS 46-7, for a Violence
Against Children and Youth Grant.
Re: Comm. 1054
Intr. by: Mr. Chung
Approved: FC-305
Res. 352-98: Authorizes the payment of funds of a later fiscal year and of more than
one fiscal year for amulti-year lease for a copy machine.
Re: Comm. 1066
Intr. by: Mr. Chung
Waived: FC
Res. 353-98: Accepts a gift of seven automatic external defibrillators to the Hawaii
County Fire Department from Mr. and Mrs. Earl Bakken;
Re: Comm. 1072
Intr. by: Mr. Ray
Waived: FC
and
Comm. 1072.01: From Georgiana L. Busch, dated November 6, 1998.
Res. 354-98: Creates Deputy Prosecuting Attorney for the Office of the Prosecuting
Attorney.
Re: Comm. 1074
Intr. by: Mr. Chung
Waived: FC
Hawaii County Council Page 4 November 18, 1998
BILLS FOR ORDINANCES
Bill 147: Amends Chapter 2 of the Hawaii County Code 1983 (1995 Edition) by
adding a new article relating to the Legislative Branch and its ability to
contract for services.
{Council Contracts}
Re: Comm. 521
Intr. by: Mr. Arakaki
Approved: FC-155
Bill 191: Amends Chapter 14, General Welfare, Hawaii County Code 1983 as
amended, relating to Smoking in Public Places;
Re: Comm. 677.01
Intr. by: Mr. Reynolds
Filed: PWPC-90
Deferred: March 18, 1998
and
Comm. 677.01: From Council Member Joseph Reynolds, dated March 6, 1998,
transmitting Bill 191, Draft 2;
and
Bill 191: Amends Chapter 14, General Welfare, Hawaii County Code 1983 as
(Draft 2) amended, relating to Smoking in Public Places.
Hawaii County Council Page 5 November 18, 1998
Bill 286: Amends Chapter 22, Hawaii County Code 1983, relating to the
regulation of the place and manner of soliciting for money or objects
of value in the Downtown Hilo Commercial Area.
Re: Comm. 966
Intr. by: Ms. Leithead-Todd
Approved: FC-282
and
Comm. 966.03: From Sandy S. Ma, Legal Director, American Civil Liberties Union,
ACLU of Hawaii, dated October 6, 1998;
and
Comm. 968.10: From Hilo Woman's Club President Sharon Jones, dated
October 14, 1998;
and
Comm. 966.05: From Council Member Bobby Jean Leithead-Todd, dated
October 28, 1998, transmitting a proposed Bi11286, Draft 2;
and
Bi11286: Amends Chapter 22, Hawaii County Code 1983, relating to the
(Draft 2) regulation of the place and manner of soliciting for money or objects
of value in the Downtown Hilo Commercial Area.
Bill 310: Amends the State Land Use Boundaries Map, H-67 for the County of
Hawaii, by changing the district classification from the Agricultural to
the Urban District at Olaa, Puna, Hawaii, covered by Tax Map
Key 1-7-17:Portion of 3.
{Hawaii Island Community Development Corp., applicant}
Re: Comm. 1013
Intr. by: Ms. Leithead-Todd (B/R)
Approved: PC-164
Bill 311: Amends Section 25-8-22 (Puna District Zone Map), Article 8,
(Draft 3) Chapter 25 (Zoning Code) of the Hawaii County Code, by changing
the district classification from Agricultural (A-la) to Single Family
Residential (RS-10) at Olaa, Puna, Hawaii covered by Tax Map
Key 1-7-17:Portion of 3.
{Hawaii Island Community Development Corp., applicant}
Re: Comm. 1013.01
Intr. by: Ms. Leithead-Todd
Approved: PC-165
Hawaii County Council Page 6 November 18, 1998
Bill 318: Amends Ordinance No. 98-50, as amended, relating to Public
Improvements and Financing Thereof for the Fiscal Year July 1, 1998
to June 30, 1999.
{Adds the PUBLIC WORKS: Alenaio Stream Flood Control project
($150,000); funds shall be provided from General Obligation Bonds,
Capital Projects Fund -Fund Balance and/or Other Sources account
($150,000). }
Re: Comm. 1031
Intr. by: Mr. Chung
Approved: FC-298
Bi11319: Amends Ordinance No. 98-50, as amended, relating to Public
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 shall be
provided from General Obligation Bonds, Capital Projects Fund -
Fund Balance and/or Other Sources account ($103,000). }
Re: Comm. 1032
Intr. by: Mr. Chung
Approved: FC-299
Bill 320: Amends Ordinance No. 98-50, as amended, relating to Public
Improvements and Financing Thereof for the Fiscal Year July 1, 1998
to June 30, 1999.
{Adds the PUBLIC WORKS: Mamalahoa Highway Improvements,
Kamamalu Street to Lindsey Road project ($400,000); funds shall be
provided from Federal Grants Receivable account ($400,000). }
Re: Comm. 1033
Intr. by: Mr. Chung (B/R)
Approved: FC-300
Hawaii County Council Page 7 November 18, 1998
Bi11321: Amends Ordinance No. 98-50, as amended, relating to Public
Improvements and Financing Thereof for the Fiscal Year July 1, 1998
to June 30, 1999.
{Adds the PUBLIC WORKS: Old Kailua Scrap Metal Yard Closure
project ($900,000); funds shall be provided from General Obligation
Bonds, Capital Projects Fund -Fund Balance and/or Other Sources
account ($900,000). }
Re: Comm. 1034
Intr. by: Mr. Chung (B/R)
Approved: FC-301
Bi11322: Amends Ordinance No. 98-50, as amended, relating to Public
Improvements and Financing Thereof for the Fiscal Year July 1, 1998
to June 30, 1999.
{Increases funding for Highway/Traffic Division Projects by
$200,000; decreases Engineering Division Projects within the Puna
Fuel Tax District by $200,000; funds shall be provided from
Unallotted Appropriation Fuel Tax Increase 96-98 Account of the
Capital Projects Fund.}
Re: Comm. 1035
Intr. by: Mr. Chung
Approved: FC-302
Bi11323: Amends Ordinance 98-49, as amended, the Operating Budget for the
County of Hawaii for the Fiscal Year ending June 30, 1999.
{Appropriates revenues of $50,000.00 to the Geothermal Assessment
account and $926,435.15 to the Fund Balance From Previous Year
account, Geothermal Asset Fund; and appropriates to the following
Geothermal Asset Program accounts: Misc C/S ($25,000.00) and Misc
Charges ($951.435.15).}
Re: Comm. 1036
Intr. by: Mr. Chung (B/R)
Approved: FC-303
Hawaii County Council Page 8 November 18, 1998
Bill 327: Amends Section 25-8-11 (Lalamilo-Puukapu Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code, by changing
the district classification from Agricultural (A-40a) to Agricultural
(A-Sa) at Puukapu, Waimea, South Kohala, Hawaii, covered by Tax
Map Key 6-4-2:3.
{Dianne Jamieson-Feeney, applicant}
Re: Comm. 1047
Intr. by: Ms. Leithead-Todd (B/R)
Approved: PC-159
Bill 328: Amends the State Land Use Boundaries Map, H-25 for the County of
Hawaii, by changing the district classification from the Agricultural to
the Urban District at Puukapu, Waimea, South Kohala, Hawaii,
covered by Tax Map Key 6-4-1:Portion of 42.
{Parker Ranch, Inc., applicant}
Re: Comm. 1048
Intr. by: Ms. Leithead-Todd (B/R)
Approved: PC-160
Bill 329: Amends Section 25-8-11 (Lalamilo-Puukapu Zone Map), Article 8,
(Draft 3) Chapter 25 (Zoning Code) of the Hawaii County Code, by changing
the District Classificatio from Agricultural (A-Sa) to Single-Family
Residential (RS-10) and Village Commercial (CV-7.5) at Puukapu,
Waimea, South Kohala, Hawaii, covered by Tax Map
Key 6-4-O1:Portion of 42.
{Parker Ranch, Inc., applicant}
Re: Comm. 1048
Intr. by: Ms. Leithead-Todd
Approved: PC-161
Bi11330: Amends Section 25-8-2 (North and South Kona District Zone Map),
(Draft 2) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by
changing the district classification from Agricultural (A-20a) to
Family Agricultural (FA-3a) at Kaloko, North Kona, Hawaii, covered
by Tax Map Key 7-30-25:15.
{Mr. and Mrs. James William Cardin, applicant}
Re: Comm. 1049
Intr. by: Ms. Leithead-Todd
Approved: PC-162
Hawaii County Council Page 9 November 18, 1998
Bi11331: Amends Section 25-8-3 (North Kona 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 Family
Agricultural (FA-la) at Kealakehe Homesteads, North Kona, Hawaii,
covered by Tax Map Key 7-4-4:33.
{Mr. Kenneth K. Leong, applicant}
Re: Comm. 1050
Intr. by: Ms. Leithead-Todd
Approved: PC-163
Bill 334: Amends Ordinance No. 98-50, as amended, relating to Public
Improvements and Financing Thereof for the Fiscal Year July 1, 1998
to June 30, 1999.
{Adds the PUBLIC WORKS: Traffic Signal Upgrade project
($1,835,000); funds shall be provided from Federal Grants Receivable
account ($1,835,000).}
Re: Comm. 1053
Intr. by: Mr. Chung
Approved: FC-304
ORDER OF THE DAY
Bill 209: Authorizes the issuance of general obligation bonds of the County of
(Draft 2) Hawaii for the purpose of financing various public improvements of
the County of Hawaii; fixing the form, denominations, and certain
other details of such bonds and providing for their sale; and
authorizing the issuance and sale of a like principal amount of general
obligation bond anticipation notes in anticipation of the issuance and
sale of such bonds and appropriating funds for the costs of the issuance
of such bonds.
Re: Comm. 756
Intr. by: Mr. Ray
1st Reading: November 6, 1998
Hawaii County Council Page 10 November 18, 1998
Bi11287: Amends Chapter 22, Hawaii County Code 1983, relating to the
(Draft 2) prohibition of coasters, roller skates, roller blades, skateboards, and
similar devices in the Downtown Hilo Commercial area;
Re: Comm 968
Intr. by: Ms. Leithead-Todd
1st Reading: October 7, 1998
and
Comm. 968.10: From Hilo Woman's Club President Sharon Jones, dated
October 14, 1998;
and
Comm. 968.11: Letter to Ms. Wilda Collins from Mayor Stephen K. Yamashiro, dated
October 8, 1998;
and
Comm. 968.12: From Council Member Bobby Jean Leithead-Todd, dated
October 28, 1998, transmitting a proposed Bi11287, Draft 3;
and
Bi11287: Amends Chapter 22, Hawaii County Code 1983, relating to the
(Draft 3) prohibition of coasters, roller skates, roller blades, skateboards, and
similar devices in the Downtown Hilo Commercial area.
Bill 305: Amends Ordinance 98-50, as amended, relating to Public
Improvements and Financing Thereof for the Fiscal Year July 1, 1998
to June 30, 1999.
{Adds the following projects: PARKS & RECREATION: Waiakea
Peninsula Improvements ($750,000), Seven Seas Luau House
Improvements ($250,000), Sparky Kawamoto Swim Stadium
Improvements ($350,000), Wainaku Gym Improvements ($100,000),
Hale Halawai Improvements ($450,000), Repairs to Facilities
($150,000); funds shall be provided from General Obligation Bonds,
Capital Projects Fund -Fund Balance and/or Other Sources
($2,050,000). }
Re: Comm. 1003
Intr. by: Mr. Chung
1st Reading: November 6, 1998
Hawaii County Council Page 11 November 18, 1998
Bill 306: Amends Ordinance 98-49, as amended, the Operating Budget for the
County of Hawaii for the Fiscal Year ending June 30, 1999.
{Increases revenues of $8,000 in the Contribution From Private Source
account; and appropriates to the King Kalakaua Statue Maintenance -
private account. }
Re: Comm. 1004
Intr. by: Mr. Chung
1st Reading: November 6, 1998
Bill 308: Amends Section 25-8-24 (Kurtistown Zone Map), Article 8, Chapter
25 (Zoning Code) of the Hawaii County Code, by changing the district
classification from Agricultural (A-20a) to Agricultural (A-Sa) at Olaa,
Puna, Hawaii, covered by Tax Map Key 1-7-13:8.
{David Matsuura, applicant}
Re: Comm. 1011
Intr. by: Ms. Leithead-Todd (B/R)
1st Reading: November 6, 1998
Bill 309: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code, by changing
the district classification from Single Family Residential (RS-10) to
Neighborhood Commercial (CN-10) at Waiakea, South Hilo, Hawaii,
covered by Tax Map Key 2-2-23:09.
{Dr. D. Yamashita, applicant}
Re: Comm. 1012
Intr. by: Ms. Leithead-Todd (B/R)
1st Reading: November 6, 1998
Bill 312: Amends the State Land Use Boundaries Map, H-71 for the County of
(Draft 2) Hawaii, by changing the district classification from the Agricultural to
the Urban District at Keonepoko, Puna, Hawaii, covered by Tax Map
Key 1-5-7:Portion of 21.
{Sadamu Tsubota, applicant}
Re: Comm. 1014
Intr. by: Ms. Leithead-Todd (B/R)
1st Reading: November 6, 1998
Hawaii County Council Page 12 November 18, 1998
Bill 313: Amends Section 25-8-26 (Pahoa Zone Map), Article 8, Chapter 25
(Draft 3) (Zoning Code) of the Hawaii County Code, by changing the district
classification from Agricultural (A-1 a) to Neighborhood Commercial
(CN-20) at Keonepoko, Puna, Hawaii, covered by Tax Map
Key 1-5-7:Portion of 21.
{Sadamu Tsubota, applicant}
Re: Comm. 1014.04
Intr. by: Ms. Leithead-Todd
1st Reading: November 6, 1998
Bill 314: 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 General Commercial
(CG-20) at Lanihau 2nd and Moeauoa 2nd, North Kona, Hawaii,
covered by Tax Map Key 7-5-3:Portions of 6 and 7.
{Hawaii Development Corp., applicant}
Re: Comm. 1016
Intr. by: Ms. Leithead-Todd (B/R)
1st Reading: November 6, 1998
Bill 315: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition),
relating to Vehicles and Traffic.
{45 mile per hour limit -Route 132}
Re: Comm. 1021
Intr. by: Mr. Yagong (B/R)
1st Reading: November 6, 1998
Bill 316: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition),
relating to Vehicles and Traffic.
{25 mile per hour limit; 30 mile per hour limit; 40 mile per hour limit -
Kamaoa Road}
Re: Comm. 1022
Intr. by: Mr. Yagong
1st Reading: November 6, 1998
Hawaii County Council Page 13 November 18, 1998
Bill 317: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition),
relating to Vehicles and Traffic.
{Freight loading zones - Kalakaua Street}
Re: Comm. 1023
Intr. by: Mr. Yagong
1st Reading: November 6, 1998
Bill 325: Amends Ordinance 98-49, as amended, the Operating Budget for the
County of Hawaii for the Fiscal Year ending June 30, 1999.
{Increases revenues in the Federal Grants, 1998 Housing Preservation
Grant, County Housing Revolving Fund, by $67,297; and appropriates
to the 1998 Housing Preservation -Federal, County Housing
Revolving Fund. }
Re: Comm. 1042
Intr. by: Mr. Santangelo
1st Reading: November 6, 1998
Bill 326: Amends Ordinance 98-49, as amended, the Operating Budget for the
County of Hawaii for the Fiscal Year ending June 30, 1999.
{Increases revenues in the Block Grant Program Income account by
$37,891.37; and appropriates to the following Residential
Rehabilitation Loan Program accounts: 010-931-5933.93-115
($2,160), O 10-931-5934.42-115 ($19,773.24), and 010-931-5934.45-
115 ($15,958.13.}
Re: Comm. 1043
Intr. by: Mr. Santangelo
1st Reading: November 6, 1998
REPORTS
REFERRALS FOR EXECUTIVE SESSION
OTHER BUSINESS
Hawaii County Council Page 14 November 18, 1998
Comm. 1075: From Chairman James Y. Arakaki, dated November 10, 1998,
submitting bills and reports from previous Council terms for filing;
and
Bi11493: Initiates a charter amendment allowing the Hawaii County Council to
(1991) execute contracts for services necessary to the Council's Public Policy
Formulation Role;
and
Bill 584: Amends the Zoning Code, Chapter 25, of the Hawaii County Code, as
(1992) amended, relating to Use Permits and Additional Golf Course Criteria;
and
Bill 123: Amends Chapter 25 of the Hawaii County Code 1983, as amended,
(1993) relating to Zoning;
and
PC Rept. 101: Recommends the approval of the Kaumana Country Club, Inc.'s
(C-87.01) proposed community benefit assessment program;
(1994) and
Bi1141: Authorizing the issuance of thirty million dollars of general obligation
(1995) bonds of the County of Hawaii for the purposes of financing various
public improvements of the County of Hawaii; fixing the form,
denominations, and certain other details of such bonds and providing
for their sale; and authorizing the issuance and sale of a like principal
amount of general obligation bond anticipation notes in anticipation of
the issuance and sale of such bonds and appropriating funds for the
costs of issuance of such bonds;
and
Bill 160: Amends Chapter 19 of the Hawaii County Tax Code 1983 (1995
(1995) Edition), relating to Real Property Tax Assessments of Agricultural
Lands.
ANNOUNCEMENTS
MONDAY, DECEMBER 7, 1998
COUNCIL SINE DIE 9:00 a.m. COUNCILROOM
COUNCIL 2:00 p.m. COUNCILROOM
WEDNESDAY, DECEMBER 23, 1998
COUNCIL 9:00 a.m. COUNCILROOM
Hawaii County Council Page 15 November 18, 1998
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 by Friday,
November 13, 1998, for information. 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. For those wishing to submit
written testimony on matters listed on the Order of Business, fifteen (15) copies should
be prepared for presentation to the Council and submitted 24 hours prior to the convening
of the meeting.
Government Access Television: Hilo (Channel 9);Kona (Channel 12)
Wednesday, November 18, 1998 at 6 p.m.; Sunday, November 22, 1998 at 9 a.m.; and
Wednesday, November 25, 1998 at 6 p.m.