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HomeMy WebLinkAboutAGE COUNCIL 06/16/1998 1996-1998 JAMES Y. ARAKAKI ~SY OF y~ AARON S.Y. CHUNG Chairman & PresidingOfficer ~,le;~f BOBBY JEAN LEITHEAD-TODD JOHN RAY AL SMITH JOSEPH REYNOLDS Vice Chairman .o.~'~~` JOHN SANTANGELO, JR. A` J. CURTIS TYLER, III DOMINIC YAGONG COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 r 42nd Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Tuesday, June 16, 1998 9:00 a.m. CALL TO ORDER ROLL CALL INVOCATION Father Tom Taylor of the Church of the Holy Apostles Episcopal Church APPROVAL OF MINUTES April 1, April 15, and May 6, 1998 STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF EUSINESS Hawaii County Council Page 2 June 16, 1998 PETITIONS, MEMORIALS AND COMMUNICATIONS Comm. 866.01: APPOINTMENT -HAWAII COUNTY SALARY COMMISSION From Mayor Stephen K. Yamashiro, dated May 20, 1998 submitting for Council approval the nomination of Eric Inouye to the Hawaii County Salary Commission to serve a term to end December 31, 2002. Waived: FC ORDER OF RESOLUTIONS Res. 273-98: Supports the National Association of Counties' platform on the Intermodal Surface Transportation Efficiency Act (ISTEA). Re: Comm. 853 Intr. by: Mr. Smith Approved: FC-251 Res. 274-98: Supports the National Association of Counties' position opposing federal preemption of local zoning authority over satellite broadcast and cellular phone antennas. Re: Comm. 854 Intr. by: Mr. Smith Approved: FC-252 Res. 275-98: Supports the proposed amendment to the Internet Tax Freedom Act. Re: Comm. 855 Intr. by: Mr. Smith Approved: FC-253 Hawaii County Council Page 3 June 16, 1998 Res. 279-98: Requests the Mayor to negotiate with Sobay Hawaii, Inc. for acquisition of certain beachfront property at Wai'aha Bay, North Kona, designated as TMK: (3)7-5-018:020; Re: Comm. 862 Intr. by: Mr. Tyler Approved: FC-254 and Comm. 862.08: From Carol Anton of Kealakehe Intermediate School, dated June 2, 1998, submitted 69 signatures in support of Res. 279-98, for reasons stated; and Comm. 862.09: From Arnie Rabin, dated June 21, 1998, in support of Res. 279-98 for reasons stated; and Comm. 862.10: Petitions signed by 21 supporters of Res. 279-98, transmitted June 1, 1998, requesting the State and/or County to exchange land with the owner of 0.7 acre shoreline parcel known as Honl's; and Comm. 862.11: From Sherry Hagerman, Association of Owners of Kona White Sands Apartment/Hotel, dated June 2, 1998, offering their parcels for sale; and Comm. 862.12: From Barbara Smith-Kapela, dated June 2, 1998, in support of Resolution 279-98; and Comm. 862.13: From Hugh & Marcia Carman, dated May 29, 1998. Res. 283-98: Directs the Clerk of the County of Hawaii to take necessary action to place the Charter amendment proposed by Ordinance 98-17 on the 1998 General Election Ballot. Re: Comm. 641.02 Intr. by: Mr. Arakaki Hawaii County Council Page 4 June 16, 1998 BILLS FOR ORDINANCES PWPC Rept. 91: In accord with the purpose and intent of Communication (C-690) No. 690, recommends a bill be drafted and waived to full Council for passage on first reading, naming the West Hawaii Veterans Cemetery the "Pu'u Ho'omaha O Na Po'e Koa O Hawaii Komohana"; and Bi11201: Amends Chapter 15, of the Hawaii County Code 1983 (1995 Edition), relating to Parks & Recreation. (Changes name of West Hawaii Veterans Cemetery to "Pu'u Ho'omaha O Po'e Koa O Hawaii Komohana"). Re: Comm. 690.02 Intr. by: Messrs. Tyler & Reynolds Waived: PWPC Deferred: March 6, 1998 and Comm. 690.04: From Donald C. Johnson, Commander, Disabled American Veterans, Chapter #7, dated March 19, 1998; and Comm. 690.05: From Councilmembers Tyler and Reynolds, dated May 29, 1998, transmitting a proposed Bill 201, Draft 2; and Bill 201: Names a County park facility pursuant to Chapter 15, of the Hawaii (Draft 2) County Code 1983 (1995 Edition), relating to Parks and Recreation. (West Hawaii Veterans Cemetery-Pu'u Ho'omaha O Na Po'e Koa O Hawaii Komohana") Re: Comm. 690.05 Intr. by: Messrs. Tyler & Reynolds Bi11211: Initiates a Charter amendment of the Hawaii County Charter (1991), (Draft 3) relating to the Planning Director, Planning Commission and Board of Appeals. Re: Comm. 760.03 Intr. by: Ms. Leithead-Todd 1st Reading: June 1, 1998 2nd of 3 Readings. Hawaii County Council Page 5 June 16, 1998 Bi11229: Initiates a Charter amendment to Section 3-2, Article III of the Hawaii County Charter relating to Composition and Terms of the Hawaii County Council. Re: Comm. 816 Intr. by: Mr. Ray 1st Reading: June 1, 1998 2nd of 3 Readings. Bi11245: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. (Waianuenue Avenue -adjust 25 and 35 mph speed limits) Re: Comm. 841 Intr. by: Mr. Yagong (B/R) Approved: PWPC-104 Bill 246: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. (Punahoa Street Extension -proposed freight loading zone) Re: Comm. 842 Intr. by: Mr. Yagong (B/R) Approved: PWPC-105 Bi11247: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. (Kilauea Avenue -proposed no parking zones) Re: Comm. 843 Intr. by: Mr. Yagong (B/R) Approved: PWPC-106 Bi11248: Authorizes the issuance of $9,000,000 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: Comm. 847 Intr. by: Mr. Chung (B/R) Approved: FC-249 Hawaii County Council Page 6 June 16, 1998 Bill 249: Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. (Waianuenue Avenue/Komohana Street Intersection -proposed no right turn on red) Re: Comm. 849 Intr. by: Mr. Yagong Approved: PWPC-107 Bi11254: Initiates an amendment to the Hawaii County Charter (1991) relating to the Powers of the County. (Political subdivisions) Re: Comm. 863 Intr. by: Mr. Reynolds Filed: PC-120 Bi11255: Initiates an amendment to the Hawaii County Charter (1991) relating to the Powers of the County. (Organization -Planning Commissions) Re: Comm. 864 Intr. by: Mr. Reynolds Filed: PC-121 ORDER OF THE DAY Bi11218: Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 5.476 acres of land from Agricultural (A-20a) to Family Agricultural (FA-1 a) at Keaau, Puna, covered by TMK: 1-6-141:10. (Dennis K. Kauinui, applicant) Re: Comm. 794 Intr. by: Ms. Leithead-Todd 1st Reading: June 1, 1998 Hawaii County Council Page 7 June 16, 1998 Bi11219: Amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of approximately 14.234 acres of land from Limited Industrial (ML-20) to Industrial-Commercial Mixed (MCX- 20) at Keaau, Puna, covered by TMK: 1-6-03:Por. of 5. (James McCully, applicant) Re: Comm. 795 Intr. by: Ms. Leithead-Todd 1st Reading: June 1, 1998 Bill 220: 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 in the Federal Grant -DARE/OYS account by $10,700; and appropriates same to the DARE/OYS account. Re: Comm. 797 Intr. by: Mr. Chung 1st Reading: June 1, 1998 Bill 221: Amends Ordinance 97-83, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1998, increasing revenues in the Fund Balance From Prior Year, Highway Fund account by $30,000; and appropriates same to the Transfer to Parking Meter Fund, Highway Fund account. Re: Comm. 800 Intr. by: Mr. Chung (B/R) 1st Reading: June 1, 1998 Bi11225: 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 Mamalahoa (Kamamalu-Lindsey) Impr -Parker ($71,413.50) and Mamalahoa (Kamamalu-Lindsey) Impr - CARA ($48,670); funds for these projects shall be provided from Private Contributions Receivable ($120,083.50) account. Re: Comm. 811 Intr. by: Mr. Chung 1st Reading: June 1, 1998 Hawaii County Council Page 8 June 16, 1998 Bi11227: Amends Chapter 24 (Traffic Schedule), of the Hawaii County Code 1983 (1995 Edition), relating to Traffic Regulations. (Ponahawai Street -proposed no parking zones) Re: Comm. 813 Intr. by: Mr. Yagong (B/R) 1st Reading: June 1, 1998 Bill 231: 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 $17,000 in the Federal Grant -Organized Crime Drug Enforcement Task Force; and appropriates to the Organized Crime Drug Enforcement Task Force ($17,000). Re: Comm. 821 Intr. by: Mr. Chung 1st Reading: June 1, 1998 Bi11232: Amends Ordinance 95-70, which reclassified lands from an Agricultural (A-20x) to Agricultural (A-la, A-3a, A-200x, A-255a and A-8000x) at Kealakekua, Kiloa, Waipunaula, Kalama, Kumu and Kalamakowali, South Kona, covered by TMK: 8-2-12:12 and a portion of 1. (Kealakekua Development Corporation, applicant) Re: Comm. 822 Intr. by: Ms. Leithead-Todd (B/R) 1st Reading: June 1, 1998 Bi11234: Amends the State Land Use Boundaries Map, H-7 for the County of Hawaii, by changing the district classification of 14.989 acres of land from the Agricultural to the Rural District at Puaa 2nd, North Kona, covered by TMK: 7-5-10:Por. 4. (Robert S. Nackowski, applicant) Re: Comm. 826 Intr. by: Ms. Leithead-Todd 1st Reading: June 1, 1998 Hawaii County Council Page 9 June 16, 1998 Bill 235: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Draft 3) (Zoning Code) of the Hawaii County Code, by changing the district classification of 14.989 acres of land from Agricultural (A-Sa) to Residential and Agricultural (RA-.Sa) at Puaa 2nd, North Kona, covered by TMK: 7-5-10:Por. 4. (Robert S. Nackowski, applicant) Re: Comm. 826.02 Intr. by: Ms. Leithead-Todd 1st Reading: June 1, 1998 Bi11236: Amends Ordinance 91-22, which reclassified 69.429 acres, 22.333 (Draft 2) acres, 26.636 acres and 6.643 acres of land from Unplanned (U) to Single Family Residential (RS-10 and RS-15); Multiple Family Residential (RM-4) and Neighborhood Commercial (CN-10) at Kalaoa 5th, North Kona, covered by TMK: 7-3-10:27. (Haseko Hawaii, Inc., applicant) Re: Comm. 827.01 Intr. by: Ms. Leithead-Todd 1st Reading: June 1, 1998 Bi11237: Amends Section 25-8-11 (Lalamilo-Puukapu Zone Map), Article 8, (Draft 2) Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 3.00 acres of land from Agricultural (A-3a) to Family Agricultural (FA-la) at Puukapu, Waimea, South Kohala, covered by TMK: 6-4-2:148. (Genesis K. Bell, applicant) Re: Comm. 828.01 Intr. by: Ms. Leithead-Todd 1st Reading: June 1, 1998 Bi11238: Amends Section 25-8-28 (Kau District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 20.37 acres of land from Agricultural (A-20a) to Agricultural (A-Sa) at Kiolakaa, Kau, covered by TMK: 9-4-3:58. (Stanley and Lorraine Hechinger, applicant) Re: Comm. 829 Intr. by: Ms. Leithead-Todd 1st Reading: June 1, 1998 Hawaii County Council Page 10 June 16, 1998 Bill 239: Amends the State Land Use Boundaries Map, H-7 for the County of Hawaii, by changing the district classification of 1.150 acres of land from the Agricultural to the Urban District at Hienaloli 2nd, North Kona, covered by TMK: 7-5-10:Portion of 15. (Regency Pacific, Inc., applicant) Re: Comm. 830 Intr. by: Ms. Leithead-Todd (B/R) 1st Reading: June 1, 1998 Bi11240: Amends Section 25-8-5 (Kailua Urban Zone Map) and Section 25-8-3 (Draft 3) (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 4.065 acres and 1.150 acres of land from Double-Family Residential (RD-3.75) and Agricultural (A-Sa) to Multiple-Family Residential (RM-1) at Hienaloli 2nd, North Kona, covered by TMK: 7-5-10:15. (Regency Pacific, Inc., applicant) Re: Comm. 830.03 Intr. by: Ms. Leithead-Todd 1st Reading: June 1, 1998 Bi11241: Amends the State Land Use Boundaries Map, H-25 for the County of Hawaii, by changing the district classification of 5.00 acres of land from the Agricultural to the Rural District at Ouli, South Kohala, covered by TMK: 6-2-9:25. (Dr. William and Patricia Bergin, applicant) Re: Comm. 831 Intr. by: Ms. Leithead-Todd (B/R) 1st Reading: June 1, 1998 Bi11242: Amends Section 25-8-7 (North and South Kohala Districts Zone Map}, (Draft 2) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 5.00 acres of land from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, covered by TMK: 6-2-9:25. (Dr. William and Patricia Bergin, applicant) Re: Comm. 831.01 Intr. by: Ms. Leithead-Todd 1st Reading: June 1, 1998 Hawaii County Council Page 11 June 16, 1998 Bill 244: 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 $52,278 in the Federal Grants -Domestic Violence/Sexual Assault account; and appropriates to the Domestic Violence/Sexual Assault account ($52,278). Re: Comm. 838 Intr. by: Mr. Chung 1st Reading: June 1, 1998 Bi11250: 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 project: PARKS & RECREATION: ADA Compliance ($500,000); funds shall be provided from the General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources account. Re: Comm. 857 Intr. by: Mr. Chung 1st Reading: June 1, 1998 Bi11251: 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 PARKS & RECREATION Downtown Hilo Landscaping Improvements project ($135,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources account. Re: Comm. 858 Intr. by: Mr. Chung 1st Reading: June 1, 1998 Bi11252: Amends Chapter 22 of the Hawaii County Code, Article 1, Division 7, Section 22-31 (Restrictions in certain areas) as amended, relating to Streets and Sidewalks. (Waipio Lookout Road -Old Honokaa-Waipio Road -peddling and soliciting) Re: Comm. 687.35 Intr. by: Mr. Yagong 1st Reading: June 1, 1998 Hawaii County Council Page 12 June 16, 1998 Bill 253: 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 $260,407 in the Federal Funds -Victims of Crime Act account; and appropriates to the following VOCA (Victims of Crimes Act) accounts: Regular Salaries & Wages ($29,576), Miscellaneous Salaries & Wages ($6,835), Postage & Freight ($1,000), Travel ($12,350), Printing ($1,900), Advertising ($1,500), Mileage ($720), Miscellaneous Contract Services ($195,876), Education-Recreation-Scientific Supplies ($800), Dues & Subscriptions ($500), Office Equipment ($2,350), Computer Equipment ($6,000) and Miscellaneous Equipment ($1,000). Re: Comm. 859 Intr. by: Mr. Chung 1st Reading: June 1, 1998 REPORTS PC Rept. 122: Recommends the approval of the appointment of (C-856) Charles R. Cartwright to the Hawaii County Kailua Village Design Commission, to serve a term ending December 31, 1999. FC Rept. 250: Is in accord with the purpose and intent of Comm. No. 852, as (C-852) corrected by Comm. No. 852.01; recommends the approval of the Hawaii State Association of Counties slate of Officers for Fiscal Year 1998-1999. REFERRALS FOR EXECUTIVE SESSION Comm. 840.01: 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 May 28, 1998. Comm. 868: EXECUTIVE SESSION -WESLEY P. TAILAN V. COUNTY OF HAWAII, ET AL., CIV. NO. 98-00142SPK From Deputy Corporation Counsel Joseph K. Kamelamela, dated May 19, 1998. Hawaii County Council Page 13 June 16, 1998 Comm. 870: EXECUTIVE SESSION -CLAIM OF ANTHONY VALERIANI From Deputy Corporation Counsel Steven Christensen, dated June 1, 1998. Comm. 882: EXECUTIVE SESSION - ORTIZ V. LAWCOCK, ET AL., CIVIL NO. 98-00158HG From Deputy Corporation Counsel Michael B. Dabney, dated June 5, 1998. OTHER BUSINESS ANNOUNCEMENTS TUESDAY, JUNE 16, 1998 HOUSING AGENCY 2:00 p.m. COUNCILROOM TUESDAY, JUNE 30, 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, JULY 1, 1998 COUNCIL 9:00 a.m. COUNCILROOM TUESDAY, JULY 14, 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, JULY 15, 1998 COUNCIL 9:00 a.m. COUNCILROOM Hawaii County Council Page 14 June 16, 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, June 12, 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): Wednesday, June 17, 1998 at 6 p.m.; Sunday, June 21, 1998 at 9 a.m.; and Wednesday, June 24, 1998 at 6 p.m. Kona (Channel 12): Wednesday, June 17, 1998 at 6 p.m.; Sunday, June 21, 1998 at 9 a.m.; and Wednesday, June 24, 1998 at 6 p.m.