HomeMy WebLinkAboutAGE COUNCIL 07/07/2005 2004-2006 STACY K. HIGA °f JAMES Y. ARAKAKI
Chnir & Presiding Officer ~V PETE HGFFMANN
FRED C. HOLSCHUH, M.D.
VIRGINIA ISBELL DONALD IKEDA
Vice chair 4v BOB 7ACOBSON
~ K. ANGEL PILAGO
GARY SAFARIK
COUNTY COUNCIL
County ofHawai'i
Hawai `i County Building
25 Aupuni Street
Hilo. Hawai `i 96710
16`h Session
ORDER OF BUSINESS
Hawaii County Council
Hilo, Hawaii
Thursday, July 7, 2005
9:00 a.m.
INVOCATION Senior Pastor Moms Niimi of Puna New Hope Christian Fellowship
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES May 18, 2005
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawaii County is an Equ¢7 Opportunity Provider and Employer.
Hawaii County Council-16 Page 2 July 7, 2005
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND
EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
ORDER OF RESOLUTIONS
Res. 109-05: Authorizes the Acceptance of a Donation of Fourteen "Liberty Coats" and Twenty-
four "Liberty Pants" to 1:he Hawaii County Fire Department. {Donation by Cooper
Center Council to support the volunteer fire program with an estimated value of
$19,59].}
Re: Comm. 296
Intr. by: Ms. Isbell
Approve: FC-110
Res. 118-05: Authorizes the Corporation Counsel and His Authorized Representatives to Enter
Into Agreements With the Individually Named Parties, Who are Employees of the
County of Hawaii, to Represent Them in the Civil Action Entitled THOMAS
SCHMIDT vs. HAGVAI'I COUNTYPOLICE DEPARTMENT, ET AL., Civil No.
CV04-00573 SPK/KSC.
Re: Comm. 316
Intr. by: Ms. Isbell
Waived: FC
Res. 119-05: Welcomes Sister-City Sumoto City's Delegation to the County of Hawaii and
Supports the Commemoration and Celebration from July 20 through July 22, 2005,
of the Fifth Anniversary of Sisterhood Between Hawaii County and Sumoto City.
Re: Comm. 317
Intr. by: Mr. Ikeda
Waived: PWIRC
Res. 121-05: Amends the Adopted Rules of Procedure and Organization of the Council of the
County of Hawaii. {Amends Rules regarding public testimony and the number of
copies of written testimony to be submitted in order to accommodate public
inspection. }
Re: Comm. 322
Intr. by: Mr. Higa
Waived: FC
Res. 122-05: Supports the Establishment of a Volunteer Fire Station Within the Ainaloa
Subdivision by the Ainaloa Community Association.
Re: Comm. 332
Intr. by: Mr. Safarik
Waived: PSPRC
Hawaii County Council-16 Page 3 July 7, 2005
Res. 123-05: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawaii Department of Human Services, Pursuant to HRS 46-7, for the Temporary
Assistance for Needy Families (TANF) Grant. {Funds would be used to provide
assistance to needy families; end dependence of needy parents by promoting job
preparation, work, and marriage; prevent and reduce out-of-wedlock pregnancies;
and encourage the formation and maintenance oftwo-parent families. }
Re: Comm. 334
Intr. by: Ms. Isbell
Waived: FC
Res. 124-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $54,672 out and from Clerk-Council Services-Contingency
Relief; and credits same to Police-Administration Services Salaries and Wages.
Requests funding be transferred from the Contingency Relief account into the Police
Department's budget to fund their Administrative Division Safety Officer position
in order to continue their safety program. }
Re: Comm. 336
Intr. by: Ms. Isbell
Waived: FC
Res. 104-03 Authorizes the Sale, in Fee Simple, of Lot 1, Situate Between Kailua-Keauhou Road
(2002-2004): and Kailua-Keauhou Middle Road, at Holualoa 1 and 2nd, North Kona, Hawaii
(approx. 1.002 acres).
Re: Comm. 340
Intr. hy: Mr. Chung
Waived: FC
;and
Comm. 340: From Finance Committee Chair Virginia Isbell, dated June 28, 2005, requesting this
matter be waived from the Committee. States that this measure was heard at the
Finance Committee meeting held on September 16, 2003, and was postponed
pending discussion between Mr. L Curtis Tyler, III, P.A.T.H., Administration, and
adjacent landowners to possibly use property for extension of bicycle/walking path
and scenic overlook.
Res. 125-05: Authorizes the Sale, Transfer or Exchange, in Fee Simple, of Lot 6 of "Crossroads"
Situate at Lanihau 1 North Kona, Hawai` i, and the Repeal of Resolution
No. 217-04. {States the disposition of Lot 6 by sale or exchange would facilitate
the acquisition of other parcels of land identified by the County of Hawaii as
desirable for public use.}
Re: Comm. 337
Intr. hy: Ms. Isbell
Waived: FC
Hawaii County Council-16 Page 4 July 7, 2005
Res. 126-05: Abolishes the Finance Subcommittee on Technology and Communications,
Authorizing the Establishment of the Finance Subcommittee on Technology and
Telecommunications, and Appointing Council Member Gary Safarik as Chair.
{Subcommittee would serve as a liaison between the Council and the
Administration on technology infrastructure projects and other issues with emphasis
on issues relating to the police communication system.}
Re: Comm. 338
Intr. by: Ms. Isbell
Waived: FC
Res. 127-05: Supports the Department of Veteran's Affairs Pacific Center for Residential
Rehabilitation Program in Hilo, Hawaii. {Supports the efforts of our
Congressional delegation to service veterans through the Department of Veterans
Affairs (VA) Pacific Center for Residential Rehabilitation Program.}
Re: Comm. 339
Intr. by: Mr. Arakaki, Mr. Ikeda, Mr. Hoffmann,
Mr. Jacobson, Mr. Pilago, Mr. Holschuh,
Mr. Higa, Ms. Isbell, and Mr. Safarik
Waived: HSEDC
Res. 214-04 Accepts the Donation of a Roadway Lot Known as Ainaloa Boulevard from the
(2002-2004): Ainaloa Community Association, Inc.
Re: Comm. 696
Intr. by: Mr. Safarik
Waived: PWIRC
Deferred: July 23 and September 1, 2004
;and
Comm. 328: From Assistant Corporation Counsel Gerald Takase, dated June 20, 2005,
transmitting Resolution 214-04, Draft 2. Draft 2 identifies the following:
1) roadway lot description for Ainaloa Boulevard as filed with the Land Court;
2) the form of the deed to accomplish the said donation; and 3) the distribution of
copies of the Resolution. States that this matter was deferred by the Council
pending receipt of an order of subdivision from the Land Court, which order was
filed on May 16, 2005.
ai2d
Res. 214-04 Accepts the Donation of a Roadway Lot Known as Ainaloa Boulevard from the
(Draft 2): Ainaloa Community Association, Inc.
Intr. by: Mr. Safarik
and
Comm. 328.1: From Council Member Gary Safarik, dated June 27, 2005, explaining the changes
between Resolution 214-04 and Resolution 214-04, Dtaft 2.
Hawaii County Council-16 Page 5 July 7, 2005
10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 23 Amends Chapter 14, Hawaii County Code 1983 (1995 Edition), by Adding a
(Draft 2): New Article to Provide Enhanced Public Notice of Proposed Development.
{Requires developers to post signs notifying the public of proposed
development of property.}
Re: Comm. 70.7
Intr. by: Mr. Jacobson
Approve: PC-10
and
Comm. 70.9: From Mayor Harry Kim, dated June 8, 2005, transmitting the Planning
Commission's favorable recommendation and comments regarding Bi1123,
Draft 2.
Bill 29: Amends the State Land Use Boundaries Map, H-7 and H-8 for the County of
Hawaii, by Changing the District Classification from the Agricultural to the
Urban District at Puapua`aiki ls`and Puapua`anui ls`, North Kona, Hawaii,
Covered by Tax Map Key 7-5-017:019 (approx. 14.872 acres). {Suffolk
Investment, LLC, Applicant.}
Re: Comm. 106
Intr. by: Mr. Pilago and Mr. Hoffmann
Approve: PC-24
Bill 30 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 3): Code) of the Hawaii County Code, by Changing the District Classification from
Agricultural - 5 Acres (A-Sa) to Multiple Family Residential (RM-2.5) at
Puapua`aiki 1 s` and Puapua`anui 1 s`, North Kona, Hawaii, Covered by Tax Map
Key 7-5-17:19 (approx. 14.872 acres). {Suffolk Investment, LLC, Applicant.}
Re: Comm. 106.71
Intr. by: Mr. Hoffmann and Mr. Pilago
Approve: PC-25
and
Comm. 106.67: From Lillian Fox, dated June 15, 2005; and
Comm. 106.68: From Connie K. Vohden, President, Kahakai Estates Board of Directors, dated
June 14, 2005; and
Comm. 106.69: From Greg and Claudia Taylor, dated June 8, 2005; and
Comm. 106.70: From Josephine Keliipio, dated June 20, 2005.
Hawaii County Council-16 Page 6 July 7, 2005
Bil] 31: Amends the State Land Use Boundaries Map, H-7 and H-8 for the County of
Hawaii, by Changing the District Classification from the Agricultural to the Urban
District at Puapua`aiki ]s'and Puapua`anui Is', North Kona, Hawaii, Covered by
Tax Map Key 7-5-17:1 (approx. 14.973 acres). {Puaa Development, LLC,
Applicant. }
Re: Comm. 107
Intr. by: Mr. Pilago and Mr. Hoffmann
Approve: PC-26
Bil] 32 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 from Agricultural - 5 Acres (A-Sa) to Neighborhood Commercial
(CN-20) at Puapua`aiki la' and Puapua`anui ls', North Kona, Hawaii, Covered
by Tax Map Key 7-5-17:1 (approx. 14.973 acres). {Puaa Development, LLC,
Applicant. }
Re: Comm. 107.3
Intr. by: Mr. Hoffmann and Mr. Pilago
Approve: PC-27
Bill 80: Amends Chapter 23, Article 3, Division 1, Section 23-23 Hawaii County Code
1983 (1995 Edition), Relating to Subdivision of Land. {Adds the Department
of Environmental Management to the list of departments with requirements and
standards for subdivisions; and applies restrictions to subdivisions on land
classified as Agricultural by the State Land Use Commission, or zoned Family
Agricultural, Agricultural, or Intensive Agricultural by the County. }
Re: Comm. 21 ]
Intr. by: Mr. Jacobson
Negative: PC-28
Bill 115: Amends Chapter 2, Article 6, Section 2-16.1 of the Hawaii County Code 1983
(June 2005 Edition), Administration, Relating to the Establishment of
Volunteer Fire Stations. {Establishes the Ainaloa Volunteer Fire Station. }
Re: Comm. 333
Intr. by: Mr. Safarik
Waived: PSPRC
Hawaii County Council-16 Page 7 July 7, 2005
Bill 1 16: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements
and Financing thereof fur the Fiscal Year July 1, 2005 to June 30, 2006.
{ADDS PARKS AND RECREATION: Honl's Beach Property Acquisition
($3,100,000); funds to be provided from General Obligation Bonds, Capital
Projects Fund-Fund Balance and/or Other Sources ($3,100,000). Acquisition
of this property would preserve valuable, scenic, oceanfront open space for
public benefit as public beach recreational opportunities in North Kona,
especially along Ali`i Drive, are limited.}
Re: Comm. 335
Intr. by: Ms. Isbell
Waived: FC
2/3 Vote: Section 10-6(d), Hawai`i County Charter
10:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR
FINAL READING)
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 92 Amends Ordinance No. 92 7, Which Reclassified Lands from Agricultural
(Draft 2): (A-3a) to Single Family Residential (RS-10) at Waiakea, South Hilo, Hawaii,
Covered by Tax Map Key 2-4-3:Por. 21 (approx. 6.0003 acres). {Puluwai,
LLC, Applicant. Request: Time Extension to Conditions B, C, and O. }
Re: Comm. 241.1
Intr. by: Mr. Hoffmann and Mr. Pilago
15` Reading: June 15, 2005
Bill 109: Amends Chapter 11 of the Hawaii County Code 1983 (1995 Edition), as
Amended, Relating to Affordable Housing by Amending Sections 11-3(3),
11-4(a)(2), 11-15(e) and Section 1]-5(c).
Re: Comm. 72.25
Intr. by: Mr. Hoffmann
]s` Reading: June 1, 2005
Postponed: June 15, 2005
REPORTS
FINANCIAL Monthly Financial Status Report from the Department of Finance for the
REPORT: Month Ended May 31, 2005.
FC-109 Recommends the acceptance of a portable tent (estimated value of $139)
(Comm. 284): donated by Trace Evidence; and a library of educational materials (estimated
value of $500) donated by Dr. Leonard G. Horowitz, D.M.D., M.A., M.P.H., to
the Police Department.
Hawaii County Council-16 Page 8 July 7, 2005
REFERRALS FOR EXECUTIVE SESSION
(The purpose of the meeting is to consult with Corporation Counsel relating to matters involving
potential County liability, as authorized by Sections 92-4 and 92-5, HRS. Note: 2/3 Vote -Pursuant to
§92-4, HRS, and Rule 12 of Rules of Procedure of the County Council.)
Comm. 311: CLAIM AGAINST THE COUNTY/STATE FARM INSURANCE &
LEONARDO AFAN
From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 23, 2005.
Comm. 312: CLAIM AGAINST THE COUNTY/USAA INSURANCE ON BEHALF OF
YVETTE ERECE
From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 23, 2005.
Comm. 329: DANIEL DESPRES V ERIKA FRITTS, ET AL.; CNIL NO. 04-I-129K
From Deputy Corporation Counsel Brandon A. K. Gonzalez, dated June 27, 2005.
Comm. 330: MICHAEL L. DUBBERSTEIN VS. COUNTY OF HAWAII, ET AL. CIVIL
NO. 03-00552 SOM/BMK
From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 27, 2005.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
THURSDAY, JULY 21, 2005
COMMITTEES TBA COUNCIL ROOM
FRIDAY, JULY 22, 2005
COUNCIL 9:00 a.m. COUNCIL ROOM
TUESDAY, AUGUST 2, 2005
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, AUGUST 3, 2005
COUNCIL 9:00 a.m. COUNCIL ROOM
Hawaii County Council-16 Page 9 July 7, 2005
STATEMENTS FROM THE PUBLIC/ADJOURNMENT
Note: B/R, as listed next to the name of an Introducer, signifies that the Council Member 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 call 961-8255 by July 5, 2005. Persons using TDDs may call 961-8521. Copies
may be viewed at the Hawaii County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona,
Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawaii 96720; and the Kona Council
Members' Office at the Kailua'Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawaii 96740.
Note: Videoconference from the Kona Mayor's Office and the Pahoa Neighborhood Facility is available for this
meeting.
Submitting Testimonv: Those persons wishing to testify in person or by videoconference must register with
the Council/Clerk's staff. Those testifying in person and submitting written testimony at the meeting in Hilo
should bring sixteen (16) copies of the testimony for distribution at the meeting. Those testifying by
videoconference from the Mayor's Office in Kailua-Kona, located at Hanama Place, 75-5706 Kuakini Hwy.,
Suite 103, and the Pahoa Neighborhood Facility should bring one copy of the testimony. Those persons
unable to testify in person or by videoconference may submit Yestimony (1) by mail to the County Clerk's
Office in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by a-mail to
counciltesrimony@co.hawaii.hi.us. Copies will be made and distributed at the meeting when transmitted in
a timely manner. In any case, both oral and written testimony will be considered public record.
Government Access Television: Channel 52 (Hilo and Kona) Thursday, July 14, 2005, at 6 p.m.; Sunday,
July 17, 2005, at 10:30 a.m.; and Thursday, July 21, 2005, at 6 p.m.
(Hawai`i Tribune Herald-July 6, 2005)
(West Hawaii Today -July 5, 2005)