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HomeMy WebLinkAboutAGE COUNCIL 06/01/1998 1996-1998 JAMES Y. ARAKAHI oN`Y AARON S.Y. CHUNG Chairman & PresidingO~cer cP•-~~" le%~~ BOBBY JEAN LEITHEAD-TODD JOHN RAY AL SMITH JOSEPH REYNOLDS vice Chairman .;:~p~` JOHN SANTANGELO, JR. T+ os'wa`~ J. CURTIS TYLER, III DOMINIC YAGONG COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 41st Session i~ n ORDER OF BUSINESS : Hawaii County Council Hilo, Hawaii u Monday, June 1, 1998 ~ _ _ 9:00 a.m. - CALL TO ORDER ROLL CALL INVOCATION Reverend Chishun Uyenoyama of Kurtistown Jodo Mission APPROVAL OF MINUTES March 18, 1998 STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON THE ORDER OF BUSINESS Hawaii County Council Page 2 June 1, 1998 PETITIONS, MEMORIALS AND COMMUNICATIONS Comm. 844.01: From HSEDC Chairman John Ray, dated May 19, 1998, requesting Comm. 844 be waived to Council. (Appointment of Wawona-Dawn K. Case to the Committee on Children & Youth) Waived: HSEDC ORDER OF RESOLUTIONS Res. 171-97: Deletes Police Officer II Position. (Highway Safety Program) Re: Comm. 537 Intr. by: Mr. Chung Approved: FC-244 Res. 225-98: Accepts the dedication of roadway lot within the Waiakea Heights Subdivision (formerly known as Ainawaiwai Subdivision), Unit II, from Sunstone Realty Partners LLC, TMK: (3)2-4-37:014, to the County of Hawaii. Re: Comm. 699 Intr. by: Mr. Yagong Approved: PWPC-102 Res. 256-98: Authorizes the acceptance of two cellular telephones each with a (Draft 2) two-year service plan and sixteen hooded sweatshirts. Re: Comm. 796.01 Intr. by: Mr. Chung (B/R) Approved: FC-235 Hawaii County Council Page 3 June 1, 1998 Res. 257-98: Authorizes the County of Hawaii to enter into an agreement with the State Department of Human Services, Office of Youth Service, pursuant to HRS 46-7, for aDARE/OYS Grant. Re: Comm. 797 Intr. by: Mr. Chung Approved: FC-237 Res. 261-98: Authorizes the Corporation Counsel, and his authorized representatives, to enter into an agreement with the individually named defendants, parties, who are police officers employed by the County of Hawaii, to represent them in the civil action entitled Gisela Kramer- Coleman vs. Detective Sergeant Darrell Huston and Officer Marshal Kanehailua, Civil No. 98-00028DAE. Re: Comm. 815 Intr. by: Mr. Chung Approved: FC-241 Res. 263-98: Authorizes the acceptance of a donation of bleachers from Dr. and Mrs. Billy Bergin. Re: Comm. 818 Intr. by: Mr. Ray Approved: FC-243 Res. 264-98: Authorizes the County of Hawaii to enter into an agreement with the Organized Crime Drug Enforcement Task Force through the Drug Enforcement Administration, pursuant to HRS 46-7, for an OCDETF Grant. Re: Comm. 821 Intr. by: Mr. Chung Approved: FC-246 Res. 268-98: Authorizes the County of Hawaii to enter into an agreement with the United States of America, pursuant to HRS 46-7, for a Domestic Violence/Sexual Assault Training Grant. Re: Comm. 838 Intr. by: Mr. Chung Approved: FC-247 Hawaii County Council Page 4 June 1, 1998 Res. 269-98: Supports the development of Ka'apuni O'Hawai'i Pathway (Pathway that Circles the Island of Hawai'i); Re: Comm. 839 Intr. by: Mr. Tyler Approved: PC-110 and Comm. 839.07: From Councilmember Curtis Tyler, dated May 20, 1998, transmitting a proposed Resolution 269-98, Draft 2; and Res. 269-98: Supports the development of Ka'apuni O Hawaii Pathway (Pathway (Draft 2) that Circles the Island of Hawai'i). Re: Comm. 839.07 Intr. by: Mr. Tyler Res. 270-98: Authorizes the Corporation Counsel, and his authorized representatives, to enter into an agreement with the individually named parties, who are employees of the County of Hawaii, to represent them in the civil action entitled George Kenneth Kawaiho'olana Hook vs. Edwin O. Akana, Jr., et al., Civil No. 98-60. Re: Comm. 836.01 Intr. by: Mr. Chung Waived: FC Res. 271-98: Determines the Real Property Tax Rates for the County of Hawaii for the Fiscal Year July 1, 1998, to June 30, 1999. Re: Comm. 848 Intr. by: Mr. Chung Waived: FC Res. 272-98: Transfers $75,000 out and from the Miscellaneous Insurance Claims and Judgments account; and credits to the Public Safety Disaster/Emergency account. Re: Comm. 850 Intr. by: Mr. Chung Waived: FC Hawaii County Council Page 5 June 1, 1998 Res. 276-98: Authorizes athirty-day extension moratorium waiver of all parking meter fees in Downtown Hilo. Re: Comm. 578.06 Intr. by: Mr. Yagong Waived: PWPC Res. 277-98: Transfers $550,000 out and from the Provision for Compensation Adjustment account; and credits to the following Fire Protection accounts: Overtime Salaries & Wages ($350,000) and Miscellaneous Salaries & Wages ($200,000). Re: Comm. 860 Intr. by: Mr. Chung Waived: FC Res. 278-98: Authorizes the acceptance of a donation from the Halaula Heights Street Light Association. ($5,025 and dedication of street light system) Re: Comm. 861 Intr. by: Mr. Ray Waived: FC BILLS FOR ORDINANCES Bill 130: Initiates a Charter amendment of the Hawaii County Charter (1991), as amended, Article III, Section 3-4, relating to the Legislative Branch, County Council. (Vacancy in Office) Re: Comm. 463 Intr. by: Mr. Arakaki Approved: FC-134 Deferred: October 1, 1997 1st of 3 Readings. Hawaii County Council Page 6 June 1, 1998 Bi11211: Initiates a Charter amendment of the Hawaii County Charter (1991), (Draft 2) relating to the Planning Director, Planning Commission and Board of Appeals. Re: Comm. 760.02 Intr. by: Ms. Leithead-Todd Approved: PC-105 Deferred: May 6, 1998 1st of 3 Readings. Bill 126: Amends Section 25-103 (Puna District Zone Map), Article 3, (1993) 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 Agricultural (A-1 a) at Keaau, Puna, covered by TMK: 1-6-141:10 (Dennis K. Kauinui, applicant); Re: Comm. 535 (1992-93) Intr. by: - Filed: PC-106 and 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 Approved: PC-107 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 Approved: PC-108 Hawaii County Council Page 7 June 1, 1998 Bi11220: 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 Approved: FC-236 Bi11221: 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) Approved: FC-238 Bill 225: 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 Approved: FC-239 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) Approved: PWPC-103 Hawaii County Council Page 8 June 1, 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 Approved: FC-242 1st of 3 Readings. Bi11231: 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 Approved: FC-245 Bi11232: Amends Ordinance 95-70, which reclassified lands from an Agricultural (A-20a) to Agricultural (A-la, A-3a, A-200a, A-255a and A-8000a) 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) Approved: PC-109 and Comm. 822.19: From Jill Roehrig Olson, dated May 4, 1998; and Comm. 822.20: From Jeffrey Melrose, President, Hawaii Island Chamber of Commerce, dated May 12, 1998; and Comm. 822.21: From Gail Masunaga, dated May 6, 1998. Hawaii County Council Page 9 June 1, 1998 Bill 234: 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 Approved: PC-111 Bi11235: 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 Approved: PC-112 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 Approved: PC-113 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 Approved: PC-114 Hawaii County Council Page 10 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 Approved: PC-115 Bi11239: 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) Approved: PC-116 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 Approved: PC-117 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) Approved: PC-118 . Hawaii County Council Page 11 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 Approved: PC-119 Bi11244: 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 Approved: FC-248 Bill 250: 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 Waived: FC 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 Waived: FC Hawaii County Council Page 12 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) Re: Comm. 687.35 Intr. by: Mr. Yagong Waived: PWPC Bi11253: 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 Waived: FC ORDER OF THE DAY Bi11202: Establishes an Operating Budget for the County of Hawaii for the (Draft 2) Fiscal Year July 1, 1998 to June 30, 1999; Re: Comm. 742.21 Intr. by: Mr. Chung (B/R) 1st Reading: May 14, 1998 and Comm. 742.28: From Legislative Auditor Connie Kiriu, dated May 19, 1998, transmitting Bi11202, Draft 3, which include the non-profit organization grant recommendations approved in HSEDC-5, as well as a change in an account name; and Bi11202: Establishes an Operating Budget for the County of Hawaii for the (Draft 3) Fiscal Year July 1, 1998 to June 30, 1999. Re: Comm. 742.28 Intr. by: Mr. Chung Hawaii County Council Page 13 June 1, 1998 Bill 203: Relates to Public Improvements and Financing Thereof for the Fiscal (Draft 3) Year July 1, 1998 to June 30, 1999; Re: Comm. 742.29 Intr. by: Mr. Chung 1st Reading: May 14, 1998 and Comm. 742.26: From Councilman John Ray, dated May 5, 1998. Bi11226: Adopts a pay plan for persons employed by the County other than (Draft 2) those whose pay is otherwise provided for, designating payroll periods, pay days, prescribing certain requirements with respect to overtime, perquisites and official fidelity bonds and repealing Ordinance No. 97-80 and all amendments thereto, to be known as the Salary Ordinance of 1998. Re: Comm. 812.02 Intr. by: Mr. Chung (B/R) 1st Reading: May 14, 1998 REPORTS Financial Monthly Revenue Report from the Department of Finance for the Report: month ending Apri130, 1998. REFERRALS FOR EXECUTIVE SESSION Comm. 44.05: EXECUTIVE SESSION - OTANI V. COUNTY OF HAWAII, CIVIL NO.96-00632DAE & 96-00633DAE; and EXECUTIVE SESSION -STATE V. MANUEL FRAGIAO, CR. N0.96-224 From Deputy Corporation Counsel Joseph K. Kamelamela, dated May 14, 1998. OTHER BUSINESS Hawaii County Council Page 14 June 1, 1998 ANNOUNCEMENTS TUESDAY, JUNE 2, 1998 PUBLIC WORKS & PARKS 9:00 a.m. COUNCILROOM COMMITTEE FINANCE COMMITTEE 10:30 a.m. COUNCILROOM PLANNING COMMITTEE 1:30 p.m. COUNCILROOM MONDAY, JUNE 15, 1998 PUBLIC WORKS & PARKS 9:00 a.m. COUNCILROOM COMMITTEE FINANCE COMMITTEE 10:30 a.m. COUNCILROOM PLANNING COMMITTEE 1:30 p.m. COUNCILROOM TUESDAY, JUNE 16, 1998 COUNCIL 9:00 a.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 STATEMENTS FROM THE PUBLIC Hawaii County Council Page 15 June 1, 1998 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 Thursday, May 28, 1998, for information. Persons using TDDs may ca11961-8521. 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 3, 1998 at 6 p.m.; Sunday, June 7, 1998 at 9 a.m. and Wednesday, June 10, 1998 at 6 p.m. Kona (Channel 12): Wednesday, June 3, 1998 at 6 p.m.; Sunday, June 7, 1998 at 9 a.m. and Wednesday, June 10, 1998 at 6 p.m.