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.