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HomeMy WebLinkAboutAGE COUNCIL 08/05/1998 1996-1998 JAMES Y. ARAKAKI s~`Y °•e•"'~4~ AARON S.Y. CHUNG Chairman & Presiding Offrcer I~fiq, `P~=" BOBBY JEAN LEITHEAD-TODD JOHN RAY ff.~ AL SMITH JOSEPH REYNOLDS Vice Chairman ' ~-~`":•P~` JOHN SANTANGELO, JR. ~`~06•"~~ J. CURTIS TYLER, III DOMINIC YAGONG COUNTY COUNCIL County of Hawaii ~ Hawaii County Building l5 Aupuni Slreet Hilo, Hawaii 96720 45th Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Wednesday, August 5, 1998 9:00 a.m. CALL TO ORDER ROLL CALL INVOCATION Kahu Henry Kahalehili of Glad Tidings Church APPROVAL OF MINUTES June 1, 1998 STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS Hawaii County Council Page 2 August 5, 1998 PETITIONS, MEMORIALS AND COMMUNICATIONS ORDER OF RESOLUTIONS Res. 284-98: Authorizes the acceptance of a monetary contribution of $1,000 from the Hawaii Police Athletic Federation. (Drug Abuse Resistance Education - D.A.R.E. Program) Re: Comm. 888 Intr. by: Mr. Chung Approved: FC-257 Res. 292-98: Names a street in the County of Hawaii, State of Hawaii. (Malin Ridge Subdivision Phase II, Kaauhuhu, Kahei, and Kukuipahu, North Kohala - Kamalei Place, Kualapa Place and Wai'olu Place) Re: Comm. 907 Intr. by: Ms. Leithead-Todd (B/R) Approved: PC-130 Res. 293-98: Names a street in the County of Hawaii, State of Hawaii. (Draft 2) (Kaloko Mauka Subdivision, Kaloko, North Kona - Ha'o Place) Re: Comm. 908.01 Intr. by: Ms. Leithead-Todd Approved: PC-131 Res. 296-98: Celebrates the 27-year sister city relationship between the City of Hualien, Taiwan, Republic of China, and the County of Hawaii. Re: Comm. 924 Intr. by: Mr. Arakaki Waived: FC Hawaii County Council Page 3 August 5, 1998 Res. 300-98: Directs the Clerk of the County of Hawaii to take necessary action to place the Charter amendment proposed by Ordinance 98-78 (relating to the composition and terms of the Hawaii County Council) on the 1998 General Election Ballot. Re: Comm. 816.04 Intr. by: Mr. Arakaki Res. 301-98: Directs the Clerk of the County of Hawaii to take necessary action to place the Charter amendment proposed by Ordinance 98-83 (relating to the Planning Director, Planning Commission and Board of Appeals) on the 1998 General Election Ballot. Re: Comm. 760.06 Intr. by: Mr. Arakaki BILLS FOR ORDINANCES Bi11310: Amends Conditions D (submit subdivision plans) and E (secure (Draft 2) final plan approval) of Ordinance No. 91-22, which amended Section (1994) 25-87 (North Kona Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, which reclassified certain lands from an Unplanned (U) to an Single Family Residential (RS-10) and (RS-15); Multiple Family Residential (RM-4) and Neighborhood Commercial (CN-10) Zone District at Kalaoa 5th, North Kona, covered by TMK: 7-3-10:Portion of 27. (Haseko (Hawaii) Inc., applicant) Re: Comm. 1313 (92-94) Intr. by: Mr. Domingo Filed: PC-136 Bill 257: Amends Ordinance 90-008, which reclassified approximately (Draft 2) 28.832 acres of land from Agricultural (A-20a) to Agricultural (A-3a) at Kahua 1st, North Kohala, covered by TMK: 5-9-07:7. (Elwin F. Hussey, applicant) Re: Comm. 875 Intr. by: Ms. Leithead-Todd Approved: PC-125 Referred to PC: July 1, 1998 Approved: PC-132 Hawaii County Council Page 4 August 5, 1998 Bi11267: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. (Waikoloa Road -proposed speed limit reduction - 55 mph to 45 mph) Re: Comm. 899 Intr. by: Mr. Yagong Approved: PWPC-115 Bi11268: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. (Kalanianaole Street - no parking at anytime and parking prohibited during certain hours; Ord. 97-110 and 98-32) Re: Comm. 901 Intr. by: Mr. Yagong (B/R) Approved: PWPC-116 Bi11269: 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 of 20.301 acres of land from Agricultural (A-20a) to Agricultural (A- l Oa) at Kaloko, North Kona, covered by TMK: 7-3-26:5. (Star Markets, Ltd., applicant) Re: Comm. 909.01 Intr. by: Ms. Leithead-Todd Approved: PC-133 Hawaii County Council Page 5 August 5, 1998 Bill 270: 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 of 21.353 acres of land from Agricultural (A-20a) to Agricultural (A-Sa) at Kaloko, North Kona, covered by TMK: 7-3-25:12; (Star Markets, Ltd., applicant) Re: Comm. 910.01 Intr. by: Ms. Leithead-Todd Approved: PC-134 and Comm. 910.02: From Planning Committee Chair Bobby Jean Leithead-Todd, dated July 24, 1998, transmitting a proposed Bill 270, Draft 3; and Bill 270: Amends Section 25-8-2 (North and South Kona District Zone Map), (Draft 3) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 21.353 acres of land from Agricultural (A-20a) to Agricultural (A-Sa) at Kaloko, North Kona, covered by TMK: 7-3-25:12; (Star Markets, Ltd., applicant) Re: Comm. 910.02 Intr. by: Ms. Leithead-Todd and Comm. 932: From Gale A. Sansone, dated July 22, 1998. Hawaii County Council Page 6 August 5, 1998 Bill 272: 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 of 21.961 acres of land from Agricultural (A-20a) to Agricultural (A-Sa) at Kaloko, North Kona, covered by TMK: 7-3-25:13; (Windward Enterprises, Ltd., applicant) Re: Comm. 912.01 Intr. by: Ms. Leithead-Todd Approved: PC-135 and Comm. 912.02: From Planning Committee Chair Bobby Jean Leithead-Todd, dated July 24, 1998, transmitting a proposed Bill 272, Draft 3; and Bill 272: Amends Section 25-8-2 (North and South Kona District Zone Map), (Draft 3) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 21.961 acres of land from Agricultural (A-20a) to Agricultural (A-Sa) at Kaloko, North Kona, covered by TMK: 7-3-25:13. (Windward Enterprises, Ltd., applicant) Re: Comm. 912.02 Intr. by: Ms. Leithead-Todd Hawaii County Council Page 7 August 5, 1998 Comm. 931: From County Clerk Donald Ikeda, dated July 23, 1998, transmitting Certificate of Sufficiency relating to Initiative Petition of the Parents Against Irradiation; and Comm. 931.01: From Lanny Sinkin, dated July 27, 1998; and Bill 276: Amends Chapter 14, Article 8, Section 14-45(a) of the Hawaii County Code 1983, relating to Nuclear Energy. Re: Comm. 931.02 Intr. by: Mr. Arakaki (B/R) ORDER OF THE DAY Bill 213: Amends Chapter 2, Administration, of the Hawaii County Code 1983 (Draft 2) (1995 Edition), by adding a new article entitled "Condemnation Notification Procedures"; Re: Comm. 770.01 Intr. by: Mr. Yagong 1st Reading: July 15, 1998 and Comm. 770.02: From Chief Engineer Donna Kiyosaki, dated June 29, 1998; and Comm. 770.03: From Chief Engineer Donna Kiyosaki, dated July 15, 1998. Bi11261: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. (Kahakai Blvd./Punawai St.: Turn right anytime with caution) Re: Comm. 885 Intr. by: Mr. Yagong 1st Reading: July 15, 1998 Bill 264: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. (Kapiolani St.: Compress one-way traffic pattern) Re: Comm. 890 Intr. by: Mr. Yagong 1st Reading: July 15, 1998 Hawaii County Council Page 8 August 5, 1998 Bill 265: Amends Chapter 2, Hawaii County Code 1983 (1995 Edition), by adding a new article relating to Claims and Actions Against County Officers, Employees and Former Employees. (Defense by the County; punitive damages) Re: Comm. 894 Intr. by: Mr. Chung 1st Reading: July 15, 1998 REPORTS FC Rept. 258: In accord with the purpose and intent of Comm. 906; recommends (C-906) its approval. (Requests approval of HSAC officers) REFERRALS FOR EXECUTIVE SESSION Comm. 44.06: EXECUTIVE SESSION - OTANI V. COUNTY OF HAWAII, CIV. NO. 96-00632DAE & 96-00633DAE; AND STATE V. MANUEL FRAGIAO, CR. NO. 96-224 From Deputy Corporation Counsel Joseph K. Kamelamela, dated July 7, 1998. Comm. 840.02: EXECUTIVE SESSION - EASLEY, ET AL. VS. HUTCHINSON, BIG ISLAND STEAKHOUSE and COUNTY OF HAWAII, CIVIL NO. 95-469 From Deputy Corporation Counsel Michael B. Dabney, dated July 27, 1998. Comm. 868.01: EXECUTIVE SESSION -WESLEY P. TAILAN VS. COUNTY OF HAWAII, ET AL., CIV. NO. 98-00142SPK From Deputy Corporation Counsel Joseph K. Kamelamela, dated July 14, 1998. Comm. 905: EXECUTIVE SESSION -WILLIAM SILVA, ET AL., VS. COUNTY OF HAWAII, ET AL., CIVIL NO. 97-622 (HILO) From Asst. Corporation Counsel Ted H.S. Hong, dated June 29, 1998. OTHER BUSINESS Hawaii County Council Page 9 August 5, 1998 ANNOUNCEMENTS TUESDAY, AUGUST 18, 1998 PUBLIC WORKS & 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 WEDNESDAY, AUGUST 19, 1998 HOUSING AGENCY 8:30 a.m. COUNCILROOM COUNCIL 9:00 a.m. COUNCILROOM THURSDAY, AUGUST 27, 1998 FINANCE COMMITTEE PUBLIC 6:00 p.m. YANG MEMORIAL HALL HEARING -RES. 267-98 (FORMER CAPTAIN COOK, KONA HAMAKUA SUGAR LANDS) FRIDAY, AUGUST 28, 1998 FINANCE COMMITTEE PUBLIC 5:00 p.m. HONOKAA HIGH SCHOOL HEARING -RES. 267-98 (FORMER CAFETERIA, HONOKAA HAMAKUA SUGAR LANDS) TUESDAY, SEPTEMBER 1, 1998 PUBLIC WORKS & PARKS 9:00 a.m. COUNCILROOM COMMITTEE FINANCE COMMITTEE 10:30 a.m. COUNCILROOM PLANNING COMMITTEE 1:30 p.m. COUNCILROOM WEDNESDAY, SEPTEMBER 2, 1998 COUNCIL 9:00 a.m. COUNCILROOM Hawaii County Council Page 10 August 5, 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 ca11961-8255 by Friday, July 31, 1998, for information. Persons using TDDs may call 961-8521. The Council pledges to comply with the provisions of the Americans with Disabilities Act (42 USCG Section 12101, et. seq.), and with Title VII of the Civil Rights Act, as amended (42 U.S.C. 2000e, et seq.). If you need to make special arrangements because of a disabling condition, you must send us a letter from a licensed physician, optometrist, social worker, psychologist or other appropriate professional. The letter must be written on the healthcare professional's letterhead and include the professional's title, address and telephone number. The letter must also include a diagnosis of the disabling condition, and explain why special arrangements are necessary. The letter must have an original signature from the professional. Faxes and photocopies will not be accepted. Because it may take some time to make special arrangements, requests must be made as soon as possible. These arrangements will be provided at no additional charge. 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): Wednesday, August 5, 1998 at 6 p.m.; Sunday, August 9, 1998 at 9 a.m.; and Wednesday, August 12, 1998 at 6 p.m. Kona (Channel 12): Wednesday, August 5, 1998 at 6 p.m.; Sunday, August 9, 1998 at 9 a.m.; and Wednesday, August 12, 1998 at 6 p.m.