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HomeMy WebLinkAboutREP PEDLC 002 01/30/1969 1969-1972 , M ® • PLANNING, ECONOMIC DEVELOPMENT AND LEGISLATIVE COMMITTEE REPORT NO 2 • Councilmen County of Hawaii Hilo, Hawaii The following are the recommendations of the Planning, Economic Development and Legislative Committee which were considered at its meeting of January 30, 1969: COMMUNICATIONS Dr. Fujio Matsuda, Director of Transportation Submits the following Bills: 1. Relating to Taxation; • 2. Relating to Vehicular Taxes & Amending Chapter 130, RLH 1955 ; 3 . Relating to the Fuel Tax Law & Amending Section 1233, RLH 1955 ; and 4. Relating to Taxation of Motor Vehicles : Refer to the Corporation Counsel for advice and comments covering areas concerning the possible effect on .the County and report back to Committee. • • Also request the Corporation Counsel to look into the possibility of requiring mainland car owners using local roads and highways to purchase local plates . h. a.,/„ . No. 2428: Governor John A. Burns Acknowledges receipt of letter regarding the transfer of the operation of the County Jail to the State and informs that legislation will be necessary to effect the change: Request the Corporation Counsel to draft a resolution to be presented to the legislature for the transfer of the County jail function to the State. ADOPTED: February 5, 1969 Report No. f�ED C-0 File No. 19E.01,0,, .. M. B. No. 45 Date: FEB 5 1969 • PEDLC Rep. 2 - 2 - Jan. 30, 1969 b., 1 No. 2979: Dr. Walter B. Quisenberry, Director of Health Transmits copies of legislative proposals prepared by the department : Approve proposals. t m,,,,, No. 11: Raymond Suefuji, Director of Planning Submits the Commission's recommendation to change two (2) parcels of land (62.45 acres) located adjacent to the new Kealakehe School site from Agricultural 1-acre in an Urban District to Residential Single-Family 7, 500 sq. ft . minimum sized lot (RS-7 .5) : Approve the Planning Commission's recommendation for rezoning and request the Corporation Counsel to prepare an amendment to Section 7 .02 of Ordinance No. 74. Ar„ ?ccu,' • No. 13 : Mayor Kimura Re: New County Jail Complex, HUD Project No . P-Hawaii- 3026 - Transmits for review and approval a set of preliminary and final plans and specifications for the project and requests the adoption of a resolution approving the report. The Agreement with the Federal Government requires the filing of the documents no later than February 10, 1969: Approve the plans for the project and the adoption of a resolution approving the report ; Mayor be authorized to execute Agreement . No. 35 : Don Carmichael, Student at Mid Pacific Institute Re:: Height Limitation in Kailua, Kona - Requests that his letter be read to the Council: Acknowledge receipt of his letter and convey thanks for his interest in the County (to be signed by the Chairman of the Council) . Request communications 2$4$ and 2$99 from the County Attorney be trans- mitted to writer. 411 411 PEDLC Rep. 2 - 3 - Jan. 30, 1969 No . 9: Richard T. Ishida, Attorney for Josephine Hooper et al Re: Appeal for Variance from Minimum Building Site Average Width Requirement for a Proposed Subdivision: 9.1: Wendell K. Kimura, Corporation Counsel Informs that the matter should be considered by the Board of Appeals, not the Council (Charter Section 16-9) : Accept the opinion of the Corporation Counsel and a copy of the Counsel's opinion be sent to Mr. Richard T. Ishida for his reference. s« &-„A,,,. No. 42: H. Johnson, Waianae, Hawaii Request advisement on possibility of zoning in the Glenwood Gardens section for the establishment of a Polynesian type resort : Refer to the Planning Commission for their action. ALct, Cc.„ No. 46: Director, Dept. of Liquor Control Submits for the Council's consideration and assistance, the following legislative proposals which were adopted by the Sixteenth Annual Conference of Hawaii State Liquor Commissions to be submitted to the forthcoming legislature: 1. Solicitors ' fees - All fees should be set by liquor commissions. 2. Special license - Eliminate the issuance of individual one-day licenses for events held for more than a day. 3 . Sunday sale of retail liquor - Permit Sunday sale of retail liquor; the hours to be set by each respective liquor commission. 4. Hotel license - Permit each liquor commission to set a different rate of fee for hotels from that of regular general dispensers. 5. Possession and consumption of liquor by minors - Will extend liquor law to also prohibit the possession and/or consumption of liquor by minors in public places: Support items 1, 2, 4 and 5 of the legislative proposals. . • , • S PEDLC Rep. 2 - 4 - Jan. 30, 1969 No. 52: Governor John A. Burns Acknowledges receipt of letter from County Clerk declaring Council's support of Resolution No. 367. However, his former recommendation that the Hilo Campus become a part of the Community College system is still maintained: Refer to the Corporation Counsel to prepare a resolution for presentation to the legislature to reaffirm the Council's support of the expansion of the University of Hawaii, Hilo Campus, into a three or four year program. 41,;,, . No. 53 : Rev. Henry K. Boshard & Mr. Ned Carmichael { Submits the- following proposal for Council's favorable consideration: Hawaii condemn and acquire that the County of the Dolphin parcel in central Kailua-Kona, and use the area for open-space and parking: 53 .1: Rev. Henry K. Boshard Submits addendum to original proposal: Thank Rev. Boshard and Mr. Carmichael for their letters and inform them that their suggestion for condemnation of the Dolphin, Inc. , property is opposed by the Council due to the high cost involved in condemnation and that the present Council endorses the past Board 's action favoring the proposed Mall Plan for Kailua, Kona, which provides. for adequate open- space and parking. �z« ,,, . No. 57 : Anthony Paul, Chief of Police Re : Gun Control Law - Submits comments on gun control law: Refer back to Chief of Police to prepare draft for a resolution incorporating his recommendations. Said resolution will be presented to the legislature. j 1 ® • PEDLC Rep. 2 - 5 - Jan. 30, 1969 AMENDMENT 'Res. 2: RULES OF PROCEDURE OF THE COUNCIL OF THE COUNTY OF HAWAII Rule 1 MEETINGS 1. The County Coundil shall hold regular meetings for the transaction of public business in the Councilroom beginning at 10:00 A.M. on the first and third Wednesday of each month or on the following day if such Wednesday be a public holiday, provided, that regular meeting date may be changed to another day by motion duly adopted at a regular or special meeting at least one week prior to the rescheduled meeting date. 2. Special meetings may be called at any time by the chairman of the Council or a majority of the Council in accordance with the provision of Section 13-20 of the Charter. RECOMMENDATIONS 'No. 1: Recommends that the Code of Ethics under the previous Board be used on an interim basis until a new Code is adopted. Corporation Counsel be directed to prepare a new Code of Ethics employing the provisions of Article 14 of the Charter. Corporation Counsel to receive and consider any suggestions or recommendations made by members of the community and community or civic organizations. �No. 2: Refer ordinance (An ordinance prohibiting discrimination in places of public accommodation and providing equal 4.a., C ,Cf l/YrtV���`l- access thereto) presented by Steve Christensen, Legal Aid Counsel, to the Corporation Counsel for his study and comments. (Copy attached. ) EN 1ED add eeeamdeti-eo,. 416. 3 PEDLC Rep. 2 - 6 - Jan. 30, 1969 Respectfully submitted, PLANNING, ECONOMIC DEVELOPMENT & . LEGISLATIVE COMMITTEE (VQ-J .4 ROBERT M. YA 44� CHAIRMAN FRANK DE t ti , O AIRMAN `geco,vay RIC ARD G. ED ARDS, MEMBER �/� 0. s o v-- � 4 ? SHERWOOD R. H. GREE ' ELL, MEMBER HERBERT T. MA.TAYOSHI, ) MBER SPH, E R. YADA ,. ."ER pr v ® S ORDINANCE NO® An ordinance prohibiting discrimination in places of public accommodation and providing equal access thereto. a) All persons shall be entitled to the full and equal enjoyment of the goods, services , facilities, privileges, advantages, and accommodations of any place of public accommodation, as herein- after defined in this ordinance, without discrimination, segregation or exclusion on the ground of race, color, religion, national origin, creed, personal appearance or mode of dress, except as hereinafter permitted. b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this ordinance: 1) Any inn, hotel, motel or other establishment which provides lodging to transient guests ; 2) Any restaurant, cafeteria, lunch room, lunch counter, soda fountain or other facility principally engaged in selling food for consumption on the premises, including, and not limited to, any such facility located on the premises of any retail establishment; 3) Any motion picture house, theatre, concert hall, sports arena, stadium or other place for exhibition or entertainment; and 4) Any establishment which is physically located within the premises of any establishment otherwise covered by this ordinance or within the premises of which is physically located any such covered establishment and which holds itself out as serving patrons as such covered establishment. Ai 411 c) The provisions of this ordinance shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establish- ments are made available to the customers or patrons of an establishment within the scope of subsection b) of this ordinance, nor shall the provisions of this ordinance apply where the ground for discrimination or segregation or exclusion is based on reasons of sanitation in that the person seeking service from any such establishment is physically unclean or upon the ground that the clothing worn by such person is lewd or indecent in that the same exposes areas of the body which would appeal to a prurient lust or desire. d) Whenever any person has engaged or there are reason- able grounds to believe that any person is about to engage in any act or practice prohibited by Section 2) of this ordinance, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order may be instituted by the person agrieved and, upon timely application, the court may, in its discretion, permit the Corpora- tion Counsel to intervene in such civil action if he certifies that the case is of general public importance. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize a commencement of the civil action without the payment of fees, costs or security. e) In any action commenced pursuant to this ordinance, the Court, in its discretion may allow the prevailing party, other than the County of Hawaii, a reasonable attorney's fee, as part of the costs , and the County of Hawaii shall be liable for costs the same as a private person. - 2 - PLANNING, ECONOMIC DEVELOPMENT AND LEGISLATIVE COMMITTEE Report No. 2 AMENDMENTS COMM. 1785: Dr. Fujio Matsuda, Director of Transportation submits the following Bills: c,8g . ,br(, 004 1. Relating to Taxation; 86, C,qo/O� 2. Relating to Vehicular Taxes & Amending Chapter 130, RLH 1955; C- d . 3. Relating to the Fuel Tax Law & Amending Section 123-3, RLH 1955; and 4. Relating to Taxation of Motor Vehicles: Refer to the Corporation Counsel and the Administration for advice and comments covering areas concerning the possible effect on the County and report back to Committee. Also request the Corporation Counsel and the Administration to look into the possibility of requiring mainland commercial vehicle owners using local roads and highways to purchase local plates. Copies of the proposed bills concerning taxation on vehicles be sent to the Contractors' Association, the Trucking Association, the plantations and the Automobile Dealers Association in order that they be advised of the - proposed bills coming up before the legislature. COMM. 53: Rev. Henry K. Boshard & Mr. Ned Carmichael - Submits the following proposal for Council's favorable consideration: 1) that the County of Hawaii condemn and acquire the Dolphin parcel in central Kailua-Kona, and use the area for open-space and parking: COMM. 53.1: Rev. Henry K. Boshard - Submits addendum to original proposal: Thank Rev. Boshard and Mr. Carmichael . . for their letters and inform them that their suggestion for condemnation of the Dolphin, Inc. , property is opposed by the Council due to the high cost involved in condemnation and that the • ReportNo. PE-D.c.0-0.2 present Council endorses the past File No. . Board's action favoring the Mall concept for M. B. No. . nate: • ' FEB 5 1969 • . + e 111 411 PEDLC Rept. 2 Page 2 Kailua, Kona, which provides for adequate open-space and parking RECOMMENDATION No. 3: Request a report to the Council from the Planning Director regarding the implementation of the one-way street in the Kailua-Kona area asP roposed in the mall plan. ® Ice of the County Clerk Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 February 6, 1969. To: CORPORATION COUNSEL Refer 'to PEDLC-2/Rec. 1 Re: CODE OFETHICS , The following action was adopted by the Council at its meeting held February 5, 1969 Recommends that the Code of Ethics under the previous Board be used on an interim basis until a new Code is adopted. Corporation Counsel be directed to prepare a new Code of Ethics employing the provisions of Article 14 of the Charter. Corporation Counsel to receive and consider any suggestions or recom- mendations made by members of the community and community or civic organizations. Report Na. RED/ File No. r FEB 5 1 69. County Clerk Date:. • 11111 ®nice of the County Clerk Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 February 6, 1969 To: . Corporation Counsel Refer to: PEDLC-2/Rec. 2 Re: Ordinance The following action was adopted by the Council at its meeting held February 5, 1969 Refer ordinance, copy attached, presented by Steve Christensen, Legal Aid Counsel, to the 'Corporation:Counsel for his study and comments. Att. Report No. File No. r M. B. No. County Clerk Date:. FEB .: :5 1969 Orrice of the CountyClerk Hawaii County Building 25 Aupurii Street Hilo, Hawaii 96720 February.•5, 1969 • To: PLANNING DIRECTOR . Refer to: PEDLC-2/Rec.. 3 Re: Kailua-Kona -. One-way Street The following action was adopted by the Council at its meeting held February 5? 1969 Request a report to the Council from the Planning•Director regarding the implementation ofthe one-way street in the Kailua-Kona area as • proposed in the mall plan. • • Report No. PEi)j C-� • File Na: .C,f. T. County Clerk ,. FEB 5 1969