HomeMy WebLinkAboutAGE COUNCIL 08/23/2006 2004-2006 ~+`y
STACY K. HIGA JAMES Y. ARAKAKI
Chain & Presiding Officer ~ PETE HOFFMANN
FRED C. HOLSCHUH, M.D.
VIRGINIA [SBELL DONALD IKEDA
vice Chair ••y'i BOB JACOBSON
° K. ANGEL PILAGO
GARY SAFARIK
COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720 r.,
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43`d Session
ORDER OF BUSINESS
Hawaii County Council
Hilo, Hawaii
Wednesday, August 23, 2006
9:00 a.m.
INVOCATION Reverend Richard Ragle of Hilo Church of the Nazarene
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES February 15, 2006
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawaii County is an Equal Opportunity Provider and Employer.
Hawaii County Council-43 Page 2 August 23, 2006
9:00 A.M.: MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON PETITIONS, COMMUNICATIONS, AND
ORDER OF RESOLUTIONS
PETITIONS AND COMMUNICATIONS
Comm. 1018: CERTIFICATE OF INSUFFICIENCY METHAMPHETAMINE ERADICATION
ACT OF 2006 PETITION
From County Clerk Constance R. Kiriu, dated August 10, 2006, transmitting a
Certificate of Insufficiency (Exhibits "A", "B", "C", and "D") relating to the
initiative petition filed by the Methamphetamine Eradication Act of 2006
Petitioners' Committee.
Waived: FC
ORDER OF RESOLUTIONS
Res. 414-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $3,000 out and from Clerk-Council Services -
Contingency Relief account; credits same to Department of Parks and Recreation
Culture and Arts Other Current Expense -Miscellaneous Contract Services
(Ho`okani Pila). Discretionary funds from District 3 would be used for travel
expenses for Ho`okani Pila, an `ukulele class under the Department of Parks and
Recreation's Culture and Arts Division, representing the Big Island at the 2007
`Ukulele Festival on Oahu on July 29, 2007.}
Re: Comm. 994
Intr. by: Mr. Arakaki
Waived: FC
Res. 415-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $4,000 out and from Clerk-Council Services -Contingency
Relief account; credits same to Department of Liquor Control Public Programs,
Miscellaneous Contract Services (Konawaena Junior Reserve Officers' Training
Corps (JROTC)). Discretionary funds from District 7 would be used for the United
States Army JROTC program for their participation in two major events on the
Island of Oahu (Adventure Challenge at Schofield Barracks in December 2006, and
Drill meet sponsored by Kings Guards in April 2007).}
Re: Comm. 995
Intr. by: Ms. Isbell
Waived: FC
Hawaii County Council-43 Page 3 August 23, 2006
Res. 416-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $40,000 out and from Clerk-Council Services -
Contingency Relief account; credits same to Transfer to Capital Projects Fund -
General (Park Improvement Projects Council District 7 to be allotted to
West Hawaii Veterans' Cemetery). Discretionary funds from District 7 would be
used to reforest the West Hawaii Veterans' Cemetery by purchasing trees, topsoil,
and irrigation supplies.}
Re: Comm. 996
Intr. by: Ms. Isbell
Waived: FC
Res. 417-06: Authorizes the Mayor or His Duly Authorized Representative to Negotiate, Execute
and Submit the Necessazy Application for the Renovation of a Caregiver and Senior
Resource Center in the County of Hawaii, the Economic Development Initiative
Funds Grant Agreement, and Other Related Documents to the U.S. Department of
Housing and Urban Development (HUD). {The Economic Development Initiative
Funds application to HUD is in the amount of $198,000.}
Re: Comm. 1001
Intr. by: Mr. Hoffmann
Approve: CHA -July 31, 2006
Res. 418-06: Authorizes the Mayor or His Duly Authorized Representative to Negotiate, Execute
and Submit the Necessary Application for the Construction of a Homeless Shelter in
Kailua-Kona, the Economic Development Initiative Funds Grant Agreement and
Other Related Documents to the U.S. Department of Housing and Urban
Development (HUD). {The Economic Development Initiative Funds application to
HUD is in the amount of $148,500.}
Re: Comm. 1002
Intr. by: Mr. Hoffmann
Approve: CHA -July 31, 2006
Res. 426-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $8,200 out and from Clerk-Council Services -Contingency
Relief account; credits same to Department of Pazks and Recreation Elderly
Activities Division Recreation Other Current Expense (Kea`au Community Center).
Discretionary funds from District 3 would be used to purchase 20 folding tables,
152 folding chairs, and 3 chair trucks for the Kea`au Community Center.}
Re: Comm. 1014
Intr. by: Mr. Arakaki
Waived: FC
Hawaii County Council-43 Page 4 August 23, 2006
Res. 427-06: Requests that the Mayor Enter into Negotiations for the Acquisition of
TMK (3)4-8-004:006, Waipi`o Lookout Point (Rice Pazcel). {Comprised of
1.804 acres and presently "for sale", it is ranked as a "high priority" and has the
second highest criteria score of 83% for acquisition purposes by the Public Access,
Open Space, and Natural Resources Preservation Commission.}
Re: Comm. 1015
Intr. by: Mr. Holschuh
Waived: FC
Res. 428-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $3,500 out and from Clerk-Council Services -Contingency
Relief account; credits same to Department of Public Works Building Repair and
Maintenance Other Current Expense ADA Compliant Portable Toilet (Honoka`a -
Raleigh Martin Parking Lot). Discretionary funds from District 1 would be used to
rent an ADA compliant portable toilet for downtown Honoka`a (Raleigh Martin
Pazking Lot) for one yeaz.}
Re: Comm. 1016
Intr. by: Mr. Holschuh
Waived: FC
Res. 429-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $10,000 out and from Clerk-Council Services -
Contingency Relief account; credits same to Department of Research and
Development Tourism Promotion (Waipi`o Park Ranger Pilot Program).
Discretionary funds from District 1 would be used to supplement funding for the
Waipi`o Park Ranger Pilot Program to procure signage, brochures, and other
educational materials.}
Re: Comm. 1017
Intr. by: Mr. Holschuh
Waived: FC
Hawaii County Council-43 Page 5 August 23, 2006
MOTION TO RESOLVE INTO THE COMMITTEE OF THE WHOLE RE: RES. 430-06
MOTION TO RESOLVE OUT OF THE COMMITTEE OF THE WHOLE RE: RES. 430-06
Res. 430-06: Initiates an Interim Amendment to Ordinance No. OS-25, the County of Hawaii
General Plan, Relating to General Plan Amendment Procedures. {Directs the
Planning Director to conduct a feasibility study of the interim amendment
procedures set forth in Ordinance OS-25, County of Hawaii General Plan, and to
make recommendations to the Planning Commission who shall make
recommendations thereon to the Council within 60 days of the transmittal date of
this resolution.}
Re: Comm. 1021
Intr. by: Mr. Higa
10:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 303: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Single-Family Residential- 10,000 Square Feet (RS-]0) to
Residential-Commercial Mixed Use - 20,000 Square Feet (RCX-20) at Waiakea,
South Hilo, Hawaii, Covered by Tax Map Key 2-2-25:18 (approx. 20,438 square
feet). {Alice Adee, M.D, Applicant.}
Re: Comm. 951
Intr. by: Mr. Pilago
Approve: PC-102
Bill 304: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Single-Family Residential - 10,000 Square Feet (RS-10) to
Neighborhood Commercial - 20,000 Square Feet (CN-20) at Waiakea, South Hilo,
Hawaii, Covered by Tax Map Key 2-2-34:13 (approx. 20,000 square feet).
{Hirayama Brothers Electriq Inc., Applicant.}
Re: Comm. 952
Intr. by: Mr. Pilago
Approve: PC-103
Hawaii County Council-43 Page 6 August 23, 2006
Bill 309 Planning Director Initiated -Amends the Hawaii County General Plan, as Adopted
(Drafr 2): by Ordinance No. OS 25. {Proposed amendments aze to the text, policies, courses of
action, Land Use Pattern Allocation Guide (LUPAG) Map, and Facilities Map. The
difference between Drafr 1 and Draft 2 is detailed in Comm. 964.16 and includes
deletion of A-l, A-2, B-2, and B-3 on the LUPAG Map, and revisions to the
Planning Director's proposed text amendments to the General Plan.}
Re: Comm. 964.16
Intr. by: Mr. Pilago
Approve: PC-104
Bill 316: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. {Adds
PUBLIC WORKS: Mamalahoa Highway Improvements (Mud Lane to Waimea
Town) ($142,000); funds shall be provided from General Obligations Bonds,
Capital Projects Fund -Fund Balance and/or Other Sources ($142,000). Funds
would be used for striping work involved in the resurfacing of roadway from Mud
Lane to Waimea Town, as excessive costs for paving materials in past
appropriations were devoted entirely to the paving work only. }
Re: Comm. 992
Intr. by: Ms. Isbell
Approve: FC-316
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 320: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County
of Hawaii for the Fiscal Year Ending June 30, 2007. {Increases revenues in the
following: Federal Grant-Economic Development Initiative Fund Kailua-Kona
Homeless Shelter ($148,500) and Federal Grant-Economic Development Initiative
Fund Caregiver and Senior Resource Center ($198,000), for a total of $346,500;
appropriates to the following: Kailua-Kona Homeless Shelter ($148,500) and
Caregiver and Senior Resource Center ($198,000), for a total of $346,500.}
Re: Comm. 1003
Intr. by: Mr. Hoffmann
Approve: CHA -July 31, 2006
Bill 324: Amends the Parks and Recreational Facility Schedule, Chapter 15, Article 8,
Section 15-68.1, Hawaii County Code 1983 (2005 Edition, as Amended),
Regarding Renaming the Pana`ewa Rainforest Zoo to "Pana`ewa Rainforest Zoo
and Gazdens". {This name change would better reflect the composition of the zoo,
as well as recognize the tireless efforts of the many volunteers who have donated
and/or maintained the many plants throughout the zoo.}
Re: Comm. 1019
Intr. by: Mr. Arakaki
Waived: PSPRC
;and
(Comm. 1019.1 continues on the next page.)
Hawaii County Council-43 Page 7 August 23, 2006
Comm. 1019.1: From R.A. Mitchell, Jr, Past President, Hawaii Chapter, American Rhododendron
Society; and
Comm. 1019.2: From Jean A. Curtis, President, Friends of the Pana`ewa Zoo; and
Comm. 1019.3: From Donna Thomas, Vice President, Friends of the Pana`ewa Zoo.
1:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND
OR FINAL READING)
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 311: Amends Chapter 5, Article 1, Hawaii County Code 1983 (2005 Edition, as
Amended), Relating to the Building Code. {Adds a new Section 5-1.0.12(a) which
creates an amnesty period beginning October 1, 2006, through September 30, 2007,
for owners of unpermitted residential buildings or agricultural farm structures
completed before January 1, 2006, who may want to comply with the Building
Code. Owners who secure an "amnesty permit" will be exempt from all civil and
. criminal penalties that might be imposed for constructing a structure without a
permit. All amnesty permits must satisfy the requirements of the Building Code,
which include permit fees.}
Re: Comm. 975
Intr. by: Ms. Isbell
151 Reading: August 1, 2006
Bill 312: Amends Chapter 17, Article 2, Hawaii County Code 1983 (2005 Edition, as
Amended), Relating to the Plumbing Code. {Adds a new Section 17-17.1 which
creates an amnesty period beginning October 1, 2006, through September 30, 2007,
for owners of unpermitted residential buildings or agricultural farm structures
completed before January 1, 2006, who may want to comply with the Plumbing
Code. Owners who secure an "amnesty permit" will be exempt from all civil and
criminal penalties that might be imposed for constructing a structure without a
permit. All amnesty permits must satisfy the requirements of the Plumbing Code,
which include permit fees.}
Re: Comm. 976
Intr. by: Ms. Isbell
1~` Reading: August 1, 2006
Hawaii County Council-43 Page 8 August 23, 2006
Bill 313: Amends Chapter 9, Article 5, Division 2, Hawaii County Code 1983 (2005 Edition,
as Amended), Relating to the Electrical Code. {Creates an amnesty period
beginning October 1, 2006, through September 30, 2007, for owners of unpermitted
residential buildings or agricultural farm structures completed before January 1,
2006, who may want to comply with the Electrical Code. Owners who secure an
"amnesty permit" will be exempt from all civil and criminal penalties that might be
imposed for constructing a structure without a permit. All amnesty permits must
satisfy the requirements of the Electrical Code, which include permit fees.}
Re: Comm. 977
Intr. by: Ms. Isbell
ls` Reading: August 1, 2006
REPORTS
FC-315 Recommends acceptance of the donation of backstroke flags by Ann and
(Comm. 991): Tom Finney to the Department of Parks and Recreation -Aquatics Division, to be
used for swimming competitions at the Kona Community Aquatic Center, with a
total estimated value of $600.
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
HRS Section 92-4 and Rule 12 of the Rules of Procedure of the County Council is necessary to hold an
executive meeting.
Comm. 582.32: HAWAII COUNTY REQUEST FOR STAGE 2 PROPOSALS #2210; COUNTY
OF HAWAII, DEPARTMENT OF FINANCE; WASTE REDUCTION
FACILITY. DESIGN-BUILD-OPERATE PROJECT
From Finance Director William Takaba, dated August 10, 2006.
Comm. 816.1: THOMAS YOUNG V. COUNTY OF HAWAII. CIVIL NO. OS-O1-164K
From Deputy Corporation Counsel Joseph K. Kamelamela, dated August 1 I, 2006.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
WEDNESDAY, SEPTEMBER 6. 2006
COMMITTEES TBA COUNCIL ROOM - HILO
THURSDAY, SEPTEMBER 7, 2006
COUNCIL 9:00 a.m. COUNCIL ROOM - HILO
Hawaii County Council-43 Page 9 August 23, 2006
TUESDAY, SEPTEMBER 19, 2006
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, SEPTEMBER 20, 2006
COUNCIL 9:00 a.m. SHERATON KEAUHOU
BAY RESORT & SPA
COUNCIL PUBLIC 6:00 p.m. SHERATON KEAUHOU
HEARING RE: BILL 300 BAY RESORT & SPA
(ALCOHOL USE IN
COUNTY PARKS AND
FACILITIES)
ADJOURNMENT
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.
The meeting place is accessible for persons with disabilities. Persons who need special accommodations to attend
this meeting should call 961-8255 by August 21, 2006. Persons using TDDs may call 961-8521.
Copies of an item listed on the agenda 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; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place,
Suite 109, Kailua-Kona, Hawaii 96740; and at the Waimea Council Members' Office at the Holomua Center,
64-1067 Mamalahoa Highway, Suite 5, Waimea, Hawaii 96743.
Videoconferencine is available at the following locations:
• Kona Council Office at the Kailua Trade Center; and
• Waimea Council Office at the Holomua Center.
If, for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will
continue.
• V ideoconferencing 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 seventeen (17) 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
Office in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to
counciltestimony@co.hawaii.hi.us. Please submit a separate testimony for each item. 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.
Hawaii County Council-43 Page 10 August 23, 2006
Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of
becoming a lobbyist. {Article I5, Section 2-91.3(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 2-91.3(a)(6), Hawaii County Code}
Registration forms and expenditure report documents are available at the Office of the County Clerk-Council,
25 Aupuni Street, Hilo, Hawaii 96720.
Government Access Television Channel 52 (Hilo and Kona) Wednesday, August 30, 2006, at 6 p.m.; Sunday,
September 3, 2006, at 10:30 a.m.; and Wednesday, September 6, 2006, at 6 p.m.
(Hawai`i Tribune Herald -August 20, 2006)
(West Hawaii Today-August 20, 2006)