HomeMy WebLinkAboutAGE COUNCIL 11/22/2005 2004-2006 +tr oe y~ JAMES Y. ARAKAKI
S"I'ACY K. IIIGA
~ ho,r ~4 ~'rmiding O/rec~ WiB PETE HOFFMANN
FRED C. HOLSCHUH, M.D.
VIRGINIA ISBELI. DONALD IKEDA
r(<~• ~ ~hwn +.,~.~,~~yP' BOB JACOBSON
K. ANGEL PILAGO
GARY SAFARIK
COUNTY COUNCIL
C'ounry ofHawnti'i
Ha wai'i County Building
2J Aupuni Street
Hilo, Hawaii 967111
~J`~~ Session
ORDER OF BUSINESS
Hawaii County Council
Hilo, Hawaii
Tuesday, November 22, 2005
9:00 a.m.
INVOCATION Stewart Hussey, President, The Christian Science Church
CALL'fO ORDER
ROLL CALL
PLEDUI: OF ALLEGIANCE
APPROVAL OF MINl1TES September 8, 2005
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawa('i C'omVC i~ an Equal Opportunity Po"uvider and Emplaper.
Hawaii County Council-25 Page 2 November 22, 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 RESOL[TIONS
Ices. 178-05: Authorizes the Acquisition of Private Property by Eminent Domain, Being Road H,
Tax Map Key:(3)7-3-005:101, Situate at Kalaoa, North Kona, County and State of
Hawai ~ i, for the Development and Construction of a Connector Road Between Holu
Street and Ke`oke`o Street, Kona, Hawaii. {Road B contains an area of 9,676
square feet and the connection of these streets would provide a regional benefit for a
public purpose and use which would benefit the County of Hawaii by improving
traffic circulation.;
Re: Comm. 468
Intr. by: Mr. Ikeda
Approve: PWIRC-27
Note: First of two required readings, Section 101-13,
Hawaii Revised Statutes
Rcs. 179-05: Authorizes the Acquisition of Private Property by Eminent Domain, Being Road .A,
Tax Map Key:(3)7-3-005:102, Situate at Kalaoa, North Kona, County and State of
Hawai' i, for the Development and Construction of a Connector Road Between
'Ili `Ili Street and Kiekie Street, Kona, Hawai` i. {Road A contains an area of
14,26 ~ square feet and the connection of these streets would provide a regional
beneti~ for a public purpose and use which would benefit the County of Hawaii by
improving trafftc circulation.}
Re: Comm. 468
Intr. by: Mr. Ikeda
Approve: PWIRC-28
Note: First of two required readings, Section 10] -13,
Hawaii Revised Statutes
Res. ] 89-05: Authorizes the Acceptance of a Government Road Reserve (Tax Map
Key: (3)6-5-005:022), Situate at Waimea, District of South Kohala, County and
State of Hawaii, from the State of Hawaii, for the Waimea Trails and Greenways
Project (approx. 0.028 acre).
Rc: Comm. 479
Intr. by: Mr. Ikeda
Approve: PWIRC-29
Hawaii County Council-25 Page 3 November 22, 2005
Res. 190-05: Supports the C oqui Frog Working Group's Consolidated Efforts to Control and
Eradicate Coqui Frogs in Hawaii County. {Encourages citizens to volunteer and
assist the working group in its outreach education, monitoring, and eradication
efforts. }
Re: Comm. 490
Intr. by: Mr. Pilago
Approve: EMC-8
arid;
Comm.490.5: From Scott Susman, Kaloko Coqui Coalition, dated November 8, 2005.
Res. 191-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{'transfers/appropriates $300 out and from Clerk-Council Services -Contingency
Relief account; credits same to Parks and Recreation, Recreation Division
Equiprnent. Discretionary funds from District 2 would be used to supplement the
purchase of a basketball/volleyball scoreboard for the Pi`ihonua Gym. }
Re: Comm. 489
Intr. by: Mr. Ikeda
Approve: FC-172
Res. 192-05: Adopts the "Envision Downtown Hilo 2025: A Community-Based Vision and
Living Action Plan (August 2005)" as a Community Visioning and Planning
Process that Can Serve as a Model for the County of Hawaii.
Re: Comm. 495
Intr. by: Mr. Hoffmann and Mr. Pilago
Approve: PC-43
Res. ] 95-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More than One
Fiscal Year far Multi-Year Lease for Seven Copiers for the Hawaii County Police
Department. {Copiers would be used in the Department's district offices in North
Hilo, Hamakua, Kohala, Ka`u, Kea`au, and Pahoa and the Kona Driver's License
office. Currently, copiers in use are constantly being repaired which causes many
non-operational periods and their leases have expired.}
Re: Comm. 504
Intr. by: Ms. Isbell
Approve: FC-175
Hawaii County Council-25 Page 4 November 22, 2005
Res. 196-05: Authorizes the Finance Director to Convey Lands Situated at Manowai`opae
Homesteads, North Hilo, Hawaii, Being TMK: (3)3-6-003:035 to the Department
of Water Supply for Well and Reservoir Expansion. {1'he Department, owner of the
adjacent parcel, would like to consolidate these parcels and acquire more ]and for
the expansion of the well and reservoir facilities. }
Re: Comm. 505
Intr. by: Ms. Isbell
Approve: FC-176
Res. 197-05: Authorizes the Office of the Mayor to Enter Into an Agreement with [he United
States of America, Pursuant to HRS 46-7, for the Assistance to Firefighters Grant
for the Hawaii County Fire Department. {Funds would be used to purchase and
install venting systems for all fire stations to reduce or eliminate fire personnel's
exposure to exhaust fumes generated by Fire apparatuses and ambulances. }
Re: Comm. 506
Intr. by: Ms. Isbell
Approve: FC-177
Res. 198-05: Amends Salary Ordinance No. OS-88 to Amend the Pay Rates for the Studen[ Intern,
Student Helper I, Student Helper II, and Senior Community Services Aid Classes of
Work. {Amended pay rates are an increase in the State of Hawaii s minimum
hourly wage rate (effective on January 1, 2006) from $6.25 to $6.75 and to $7.25
beginning January 1, 2007; as well as amends the hourly pay rate for the Student
Helper II class of work. }
Re: Comm. 507
Intr. by: Ms. Isbell
Approve: FC-179
Res. 199-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More than One
Fiscal Year for Multi-Year Lease (five years) for a Copier for the Department of
Finance Purchasing Division. {The current copier, which is on a month-to-month
maintenance contract, has been very problematic the past few months and obtaining
a more technically advanced copier would be more cost effective, eliminate down
time. end increase office productivity.;
Re: Comm. 508
Intr. by: Ms. Isbell
Approve: PC-1R0
Hawai' i County Cowicil-25 Page 5 November 22, 2005
Res. 207-05: Designates the Chair and Vice Chair of Certain Council Committees. {Proposes to
change the designations of the Chair and Vice Chair of certain Council
Comm i ttecs. }
Re: Comm. 537
Intr. by: Mr. Higa
Waived: FC
Res. 208-05: Authorizes the Director of Finance to Negotiate aFifty-Five Year Lease with the
Hawaii Island Community Development Corporation for the Purpose of
Development and Construction of a 30-Unit Senior Rental Housing Project at a Set
Lease Rental Amount of $10 Per Year.
Re: Comm. 543
Intr. by: Mr. Hoffinann
Approve: CHA - November 9, 2005
10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 89 Amends Ordinance No. 95-51 Amending Ordinance No. 90-160, Which
(Draft 2): Keclassified Lands from an Unplanned (U) and Multiple Family Residential
(RM-I 5) to Open (O) and Residential-Agricultural (RA-la) at Waikoloa, South
Kohala. Hawaii, Covered by Tax Map Key 6-8-02:Portion of 16 and 6-8-03:Portion
of 32 (approx. 761 acres); Requesting a Time Extension to Condition B. {Waikoloa
Mauka, LLC, Applicant (formerly Waikoloa Development Company). }
Re: Comm.230.R
Intr. by: Mr. Hoffmann and Mr. Pilago
Approve: PC-44
Bill I bl: Amends Chapter 14, Article 10, of the Hawaii County Code, as Amended, Relating
to Exceptional Trees. {Removes the Quinine Tree at Kalakaua Park along
Waianuenue Avenue from the list of Exceptional Trees for Hawaii County. }
Re: Comm. 492
Intr. by: Mr. Huffmann and Mr. Pilago
Approve: PC-40
Hawaii County Council-25 Page 6 November 22, 2005
Bill 162: Amends Section 25-8-11 (Lalamilo-Puukapu Zone Map), Article 8, Chapter 25
(toning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the
District Classification from Agricultural (A-40a) to Agricultural (A-Sa) at Waimea,
South Kohala, Hawaii, Covered by Tax Map Key 6-4-] 7:40 (approx. 43.88 acres).
{Yoshio Inaba, et al., Applicant.}
Rc: Comm. 493
Intr. by: Mr. Hoffmann and Mr. Pilago
Negative Recommendation: PC-41 (due to 4 ayes and 5 noes)
Bill 163: Amends Section 25-5-33 (City of Hilo Lone Map), Artlele 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Neighborhood Commercial (CN-10) to Industrial-Commercial
Mixed (MCX-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map
Key 2-2-49:24 (approx. 28,264 square feet). {Jim Winniman, Applicant.}
Re: Comm. 494
Intr. by: Mr. Hoffmann and Mr. Pilago
Approve: PC-42
Bill 164: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2006. {Increases revenues in Transfer
from General Fund ($12,000); appropriates same to Streetlights Other Current
Expense (Kea`au Agricultural Lots Subdivision). Funds would be used for the
installation of streetlights to improve community safety. }
Rc: Comm. 502
Intr. by: Ms. Isbell
Approve: FC-171
Bill ] 65: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Increases an
appropriation and adds two related projects as follows: ENVIRONMENTAL,
MANAGEMENT: Na`alehu and Pahala Large Capacity Cesspool Replacement
County [$330,000) ($450,000), Na`alehu and Pahala Large Capacity Cesspool
Replacement -State Revolving Funds ($2,000,000), and Na`alehu and Pahala Large
Capacity Cesspool Replacement -Federal ($1,400,000); funds shall be provided
from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other
Sources ($120,000), State Revolving Funds ($2,000,000), and Federal Grants
Receivable ($1,400,000), for a total of $3,850,000. Funds would provide a sewer
system to existing homes in the Na`alehu and Pahala area currently serviced by non-
county owned large capacity cesspools; this project consists of performing a study,
design. and construction of a sewer collection and septic system.}
Re: Comm. 503
Intr. by: Ms. Isbell
Approve: FC-174
2i3 Vote: Section 10-6(d), Hawai`i County Charter
Hawaii County Council-25 Page 7 November 22, 2005
Bill 166: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in
Federal Grants -Assistance to Firefighters ($406,016); appropriates same Co
Assistance to Firefighters. }
Re: Comm. 506
Intr. by: Ms. lsbell
Approve: FC-178
Bill 167 Amends Chapter 24, Article 4, of the Hawaii County Code 1983 (2005 Edition), as
(Draft 2): Amended, Relating to Motor Vehicle Driver's License Fees. {Adds a new
provisional license fee (effective on January 9, 2006) of $5 per year, which is valid
only until a person reaches age 19. }
Rc: Comm. 509.1
Intr, by: Ms. Isbell
Approve: FC-18l
Bill 169 Amends Chapter 19, of the Hawaii County Code 1983 (1995 Edition), Real
(2002-2004): Property Taxes, Relating to Charitable Purposes Exemptions. {Clarifies
"Section 19-77. Charitable, etc., purposes." by recognition of Federal income tax
501(c)(3) designation for certain nonprofit organizations and documentation
requirements for those claiming this exemption.}
Re: Comm. 385
Intr. by: Mr. Chung
Approve: FC-182
Btll 170 Amends Chapter ]9, of the Hawaii County Code 1983 (1995 Edition), Relating to
(2002-2004): Rea] Property Taxes, by Realigning Water Tank Exemptions. {Clarifies
"Section 19-54. Water tanks." by removing it from Article 7 and placing it in
Article 10. }
Re: Comm. 386
Intr. by: Mr. Chung
Approve: FC-183
Bill 177: Amends Chapter 2, Article 42, Hawaii County Code 1983 (2005 Editton), Relating
to Che Public Access, Open Space, and Na[ural Resources Preservation Commission.
{Adds language to Ordinance No. OS-85 regarding Commissioners' terms. }
Re: Comm. 538
Intr. by: Mr..lacobson
Waived: FC
Hawaii County Council-25 Page 8 November 22, 2005
Bill 172: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2006. {Increases revenues in Block
Grant Program Income ($121,766.88); appropriates same to Removal of
Architectural Barriers.}
Re: Comm. 544
Intr. by: Mr. ]iffmann
Approve: CHA November 9, 2005
Bill 173: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of
Hawai' i for the Fiscal Year Ending June 3Q 2006. {Increases revenues in HOME
Program Income ($96,910.48); appropriates same to Hualalai Elderly Housing
Phase 1[L}
Re: Comm. 545
Intr. by: Mr. Hoffmann
Approve: CHA ~ November 9, 2005
1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF' THE DAY (SECOND OR FINAL
READING)
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 157: Amends Section 25-8-12 (Kawaihae-Puako District Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by
Changing the District Classification from Open (O) to Industrial-Commercial Mixed
(MCX-I a) at Kawaihae 1", South Kohala, Hawaii, Covered by 'fax Map
Key 6- I -3:15 (approx. 1.32 acres). {State of Hawaii, Department of Land and
Natural Resources, Applicant.;
Rc: Comm. 464
Intr. by: Mr. Pilago and Mr. Hoffmann
1" Reading: November 9, 2005
Bill 158: Amends Section 25-8-33 (City of HiloL,one Map), Article 8, Chapter 25 (Z.oning
Code) of the Hawai `i County Code 1983 (2005 Edition), by Changing the District
Classification from Multiple Family Residential (RM-7) to Multiple Family
Residential (RM-10) at Kalalau, South Hilo, Hawaii, Covered by Tax Map
Key 2-6-8:Portion of 22 (approx. 0.55 acre). {,Tohanna Leaird Revocable Living
Trust, Applicant.}
Re: Comm. 465
Intr. by: Mr. Hoffmann and Mr. Pilago
1" Reading: November 9, 2005
Hawaii County Council-25 Page 9 November 22, 2005
Hill 159 Amends Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005
(Draft 2): Edition), Related to Plan Approval and Landscaping. {Proposes to delete Plan
Approval and Landscaping requirements for the construction of one single-family
dwelling and accessory buildings per lot within various zoning districts. }
Re: Comm. 466.1
Intr. by: Mr. Pilago and Mr. Hoffmann
1" Reading: November 9, 2005
Hill 160: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the
County of Hawaii for the Fiscal Year Ending June 30, 2006. {Increases
revenues in Contribution from Private Source ($2,000); appropriates same to
the Police Department's Criminal Investigation Division -Juvenile Aid Bureau
- Vice Section Other Current Expense account. }
Rc: Comm. 471
Intr. by: Ms. Isbell
1'" Reading: November 9, 2005
REPORTS
PSPRC-16 Recommends approval of the nomination of Mr. Gary Yoshiyama (Council
(Comm. 510): District 2) Co the Liquor Adjudication Hoard.
REFERRALS FOR EXECUTIVE SESSION
The Council anticipates convening an executive meeting regarding the following cases, pursuant to
Section 92-5(a)(4), Hawaii Revised Statutes, as amended, for the purpose of consulting with the
Corporation Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties,
privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote, pursuant to
}{RS Section 92-4 and Rule 12 of the Rules of Procedure of the County Council is necessary to hold an
executive meeting.
Comm. 491: REQUF,ST FOR F,XECUTIVE MF,ETING REGARDING "SERIAL
COMMLINK'A"LIONS" AND THE STATE OF HAWAII OFFICE OF
INFORMATION PRACTICES (OIP~_
From Corporation Counsel Lincoln S. T. Ashida, dated October 17, 2005.
(Note: 'Che purpose of the executive meeting is to discuss the Corporation Counsel's
interpretation, work product, and recommendations concerning the State of Hawaii
OIP's prohibition against "serial communication" of board members, and to discuss
the Council's powers, duties, privileges, immunities, and ]iabilihes thereto. The
discussion will also cover the possibility of litigation involving the County of
Hawai' i, pertaining to an interpretation of the OIP's opinion. This meeting is closed
to the public pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, as amended.)
Ilawai'i County Council-25 Page 10 November 22, 2005
Comm. 527: CLAIM AGAINST THE COUNTY/FIRST INSURANCE- H.O.V.E. ROAD
MAIN"CENANCE _
From Deputy Corporation Counsel Joseph K Kamelamela, dated November 3,
2005.
Comm. 535: RUSSELL VS. COUNTY OF HAWAI`l, CIVIL NO. 97-01102 SPK
From Deputy Corporation Counsel Joseph K. Kamelamela, dated November 7,
2005.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
TUESDAY, NOVEMBER 22 2005
COUNCIL PUBLIC' 6:00 p.m. COUNCIL ROOM
HEARING RE: RES. 171-OS
(STATE HARBORS)
WEDNESDAY. NOVEMBER 30, 2005
COUNCIL Pt1BLIC 6:00 p.m. NA'ALEHU
HI~,ARING RE: RES. 171-OS COMMUNITY CF,NTER
(S"GATE HARBORS)
'TUESDAY, DECEMBER fi, 2005
COMMI'I°I I?ES TBA SHERATON KEAUHOU
BAY RESORT & SPA
COUNCIL PUBLK' 6:00 p.m. SHERA"CON KEAUHOU
Hk?AR[NG RE: RES. 171-OS BAY RESORT & SPA
(STATE HARBORS)
WEDNESDAY DECEMBER 7 2005
C'OUNC'IL 9:00 a.m. SHERATON KEAUHOU
BAY RESORT & SPA
COUNCIL PUBLIC 7:00 p.m. WAIMEA MIDDLE
H1iARING RE: RF,S. 171-OS SCHOOL CAFETERIA
(STATE HARBORS)
ADJOItRNMF,N'f
Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to
introduce legislation `By Request" on behalf of the requesting party. It does not necessarily signify support of or
opposition to the proposal.
Hawai' i County Council-25 Page 11 November 22, 2005
'The meeting place is accessible for persons with disabilities. Persons who need special accommodations to attend
this meeting should cal] 961-8255 by November 18, 2005. Persons using TDDs may call 961-8521.
Copies of an dem listed on the agenda may be viewed at the Hawaii County Services Office at 75-5706 Kuakini
Highway, Smte 103, Kailua-Kona. Hawaii )6740; at the Office of the County Clerk at 25 Aupuni Street, Hilo,
Hawaii 96720: at the Kona Council Members' Office at the Kailua 'T'rade Center, 75-5706 Hanama Place,
Suite 109. Kailua-Kona, Hawai' i 96740; and at the Waimea Council Members' Office at the Holomua Center,
G4-1067 Mamalahoa }~Tighway, Suite 5, Waimea, Hawaii 96743.
VideoconfereneinQ is available at the following locations:
• Kona Council Office at the Kailua Trade Center; and
• Waimea Council Office at the Holomua Center.
[f, for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will
continue.
• Videoconferencing from the Pahoa Neighborhood Facility will not be available.
Submitting Testimony: 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 Kona Council Office and the Waimea Council Office should bring one copy of the testimony. Those
persons unable to testify in person or by videoconference may submit testimony (1) by mail to the County Clerk's
Off
ice in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to
cnunci[testiruonv@co.hawaii.hi_iss. 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.
Nonce to Lobbyists: If you are a lobbyist, you must register with [he Hawaii County Clerk within five days of
becoming a lobbyist. ;Article ' S, Section 2-913(b), Hawaii County Code} A lobbyist means "any individual
engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month
period for the purpose of attempting to influence legislative or administrative action by communicating or urging
others to communicate with public officials." ;Article 15, Section 2-913(a)(6), Hawaii County Code}
Registration forms and expenditure report documents are available at [he Office of the County Clerk-Council,
25 Aupuni Street, Hilo, Hawaii 96720.
Government Access "Television: Channel 52 (Hilo and Kona) Wednesday, November 30, 2005, at G p.m.;
Sunday, December 4, 2005, at 1030 a.m.; and Wednesday, December 7, 2005, at 6 p.m.
(Hawai`i "Tribune Herald -November 18, 2005 )
(West Hawaii Today -November 18. 2005)