HomeMy WebLinkAboutAGE COUNCIL 09/07/2006 2004-2006 r.
JAMES Y. ARAKAKI
STACY K. HIGA fy~,@•'~;-'.'"'!k,~
Chair & Presiding Officer PETE HOFFMANN
FRED C. HOLSCHUH, M.D.
VIRGINIAISBELL DONALDIKEDA
vice chair • BOB JACOBSON
K. ANGEL PILAGO
GARY SAFAR[K
COUNTY COUNCIL
County of Hawai'd
Hawaii County Building
25 Aupuni Street
Hilo, Hawai `i 96720
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44'" Session
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ORDER OF BUSINESS
Hawaii CounTy Council
Hilo, Hawaii
Thursday, September 7, 2006
9:00 a.m.
INVOCATION Reverend Larry Walter of First United Protestant Church
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES March 1, 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-44 Page 2 September 7, 2006
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS AND ORDER OF RESOLUTIONS
Res. 404-06: Requests the Mayor and His Administration to Enter Into Negotiations with the
Owner of the Puapua`a Properties Makai of Ali`i Drive in Order to Preserve
Numerous Pre-Historic and Historic Cultural Sites and Structures, Including a
Burial Complex and the Kauakaiakaola Heiau. {Consists of the following tax map
keys: 7-5-020-022 (4.2004 acres), 7-5-020-024 (3.0780 acres), 7-5-020-028
(.0329 acres), and 7-5-020-034 (5.3275 acres), for a total of 12.639 acres.}
Re: Comm. 969
Intr. by: Ms. Isbell
Approve: PC-105
Res. 419-06 Requests the Department of Reseazch and Development and Its Economic
(Draft 2): Development Committee to Prepare a Hawaii County Energy Sustainability Plan.
{Authorizes the Reseazch and Development Department to work with experts in the
energy field to determine current and future projections for energy demands on
Hawaii Island, the applicability of vazious trends in the field of energy
development to Hawaii Island, and clear goals and action steps for implementation
by stakeholders involved in the Plan, including a timeline for achieving objectives
identified in the Plan.}
Re: Comm. 1006.2
Intr. by: Mr. Hoffmann
Approve: HSEDC-4
Res. 420-06: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for aMulti-Year Lease (5 years) for a Copier for the Department of
Parks and Recreation. {Entering into a new lease agreement will improve the
productivity and efficiency of the Department's Administration Office.}
Re: Comm. 1007
Intr. by: Ms. Isbell
Approve: FC-317
Hawaii County Council-44 Page 3 September 7, 2006
Res. 421-06: Requests the Mayor to Enter Into Negotiations with the Governor and the Board of
Land and Natwal Resources to Amend Executive Order No. 3665 to Reflect a
Change In Public Purpose for State Lands Set Aside at Kealakehe from a
"Kealakehe Wastewater Reclamation Field and North Kona Golf Course" to a
"Kealakehe Wastewater Reclamation Field and Kona Regional Park". {The
General Plan describes a "Regional Park" as a major recreational area serving
several districts and providing indoor and outdoor activities; a major center for
spectator sports and cultural activities; and may include features of historic,
geological, and horticultural interests; and has a minimum size of 50 acres, thus
providing a wider variety of recreational opportunities for the people of West
Hawai `i. }
Re: Comm. 1009
Intr. by: Ms. Isbell
Approve: FC-319
Res. 422-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $41,787 out and from Engineering Division Salary and
Wages account; credits same to Property Management Salary and Wages. Funds
were appropriated to create a new Land Agent position within the Public Works
Department's Engineering Division, however, upon discussions between the
Administration and the Civil Service Department, it was decided that this position
be placed in the Finance Department's Property Management Division.}
Re: Comm. 1010
Intr. by: Ms. Isbell
Approve: FC-320
Res. 423-06: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal
Year for aMulti-Year Lease (5 years) of Real Property for Public Parking and Bus
Stop/Shelter in Kealakekua, South Kona, TMK:(3)8-1-012:005 and 006. {Allows
the County to construct a temporary off-street public parking lot and bus stop
facility for a total cost of $21,874.86 per year, plus the waiver of the real properties'
real property taxes, with an option for an additional five-year term. }
Re: Comm. 1011
Intr. by: Ms. Isbell
Approve: FC-321
Res. 424-06: Creates a Clerk III Position for the Office of the Corporation Counsel. {The role of
their legal clerks have evolved to more legal responsibilities and the traditional
clerical functions must be performed by other clerical personnel.}
Re: Comm. 1012
Intr. by: Ms. Isbell
Approve: FC-322
Hawaii County Council-44 Page 4 September 7, 2006
Res. 425-06: Authorizes the Receipt and Expenditure of State Funding Appropriated by the State
Legislature Pursuant to Act 160, Session Laws of Hawaii 2006, for the Coqui Frog
Eradication and Control Efforts by the County of Hawaii. {Funds would be used
to: 1) address coqui frog infestations, including incipient populations, and provide
assistance to communities; 2) receive up to $5,000 per award to address coqui frog
infestations in their neighborhoods through the community mini-grant program; and
3) fund Coqui Frog Work Group partners' efforts via field operations, research and
development, public education and community outreach, and plant quarantine and
nursery inspections.}
Re: Comm. 1013
Intr. by: Ms. Isbell
Approve: FC-323
Res. 431-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $2,000 out and from Clerk-Council Services -Contingency
Relief account; credits same to Office of the Mayor Committee on the Status of
Women (Miscellaneous Contract) (GEMS Program). Discretionary funds from
District 7 would be used to help with scholazship funding, facility rental and
catering costs, publicity expenses, equipment purchase/rentals and miscellaneous
expenses for the Girls Exploring Math and Science (GEMS) 2006 workshop.}
Re: Comm. 1022
Intr. by: Ms. Isbell
Waived: FC
Res. 433-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s) to Fund Necessary
Staff for Increased Council Meetings in West Hawaii Beginning January 2007
Pursuant to Resolution 402-06 (Drafr 4). {Transfers/appropriates $9,345 out and
from Legislative-Contingency Relief account; credits same to Clerk-Council
Services Other Current Expense. Discretionary funds from District 6 would be used
towards the hiring of additional staff and other related expenses.}
Re: Comm. 1027
Intr. by: Mr. Jacobson
Waived: FC
Hawaii County Council-44 Page 5 September 7, 2006
Res. 434-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $28,035 out and from Legislative -Contingency Relief
account; credits same to Clerk-Council Services -Other Current Expense
(Resolution 402-06, Drafr 4, Relating to Meetings). Discretionary funds from
District 9 would be used to hire additional personnel and purchase new equipment
in order to implement the new meeting schedule adopted by Council Resolution
No. 402-06, Drafr 4.}
Re: Comm. 1028
Intr. by: Mr. Hoffmann
Waived: FC
Res. 435-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $37,380 out and from Legislative Contingency Relief
account; credits same to Clerk-Council Services -Other Current Expense
(Resolution 402-06, Draft 4, Relating to Meetings). Discretionary funds from
District 8 would be used to hire additional personnel and purchase new equipment
in order to implement the new meeting schedule adopted by Council Resolution
No. 402-06, Drafr 4. }
Re: Comm. 1029
Intr. by: Mr. Pilago
Waived: FC
Res. 439-06: Authorizes the Exemption of Certain Zoning Code Requirements for the Waikoloa
Employee Housing Project Pursuant to Chapter 46-15 of the Hawaii Revised
Statutes. {Exempts the project site (Exhibit "A") from certain laws, code
requirements and standards as established by the Public Works and Planning
Departments (Exhibits "B" and "C").}
Re: Comm. 1036
Intr. by: Mr. Hoffmann
Approve: CHA -August 22, 2006
Hawaii County Council-44 Page 6 September 7, 2006
Res. 443-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $9,345 out and from Legislative-Contingency Relief
Contract Services account; credits same to Clerk-Council Services Other Current
Expense Miscellaneous Contract Services (West Hawaii Committee/Council
Meetings). Discretionary funds from District 7 would be used to provide funding to
facilitate West Hawaii Council and Committee meetings pursuant to
Resolution 402-06, Draft 4, which requires additional personnel, equipment, and
other operating costs.}
Re: Comm. 1042
Intr. by: Ms. Isbell
Waived: FC
Res. 444-06: Authorizes the Acceptance of a Donation of an Ambulance from the Ocean View
Community Association to the County of Hawaii Fire Department. {Donation of a
2005 Ford F363 Ambulance, with a total estimated value of $152,305.24, would be
assigned to the Hawaii Ocean View Estates fire station and would provide
emergency medical services primarily to the Ocean View geographical area.}
Re: Comm. 1043
Intr. by: Ms. Isbell
Waived: FC
Res. 445-06: Creates Two (2) Housing and Community Development Specialist III Positions for
the Office of Housing and Community Development. {In anticipation of a 13%
decrease in allocation, the Office of Housing and Community Development
(OHCD) decreased its staffing by two, however, was informed that due to an error
in computation the OHCD would receive the same level of funding, thus, this
request to bring it back to the past staff level. }
Re: Comm. 1044
Intr. by: Ms. Isbell
Waived: FC
10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
Hawaii County Council-44 Page 7 September 7, 2006
BILLS FOR ORDINANCES (FIRST READING)
Bill 299: Amends Ordinance No. 04-106, Which Reclassified Lands from Agricultural
5-Acres (A-Sa) to Multiple Family Residential - 4,000 Squaze Feet (RM-4) at
O`oma ls`, North Kona, Hawaii, Covered by Tax Map Key 7-3-010:051 (Formerly
7-3-O10:Portion of 3) (approx. 10.001 acres). {Seascape Development, LLC,
Applicant. Requests an amendment to Condition H.}
Re: Comm. 935
Intr. by: Mr. Pilago
Approve: PC-108
Bill 318: Amends Chapter 25, Article 2, Division 4, Section 25-2-44, Hawaii County Code
1983 (2005 Edition) Relating to Conditions on Change of Zone. {Adds
requirements to existing provisions within the Zoning Code relating to conditions on
change of zone ordinances regarding water supply improvements or strategies as
specified by the Department of Water Supply as well as transportation
improvements or strategies to accommodate the impacts of development on
transportation facilities, be made concurrent with development associated with any
change of zone in order to manage growth and coordinate the delivery of
government services in the County. }
Re: Comm. 998
Intr. by: Mr. Hoffmann
Pursuant to
Section 25-2-43, Hawaii
County Code, recommends to
commit to Planning Director
and Planning Commission: PC-106
Bill 319: Amends Chapter 23, Article 2, Division 1, Section 23-13, Hawaii County Code
1983 (2005 Edition) Relating to Large Scale Developments. {Adds requirements to
existing provisions within the Subdivision Code relating to lazge scale
developments regazding water supply improvements or strategies as specified by the
Department of Water Supply as well as transportation improvements or strategies to
accommodate the impacts of development, be made concurrent with development of
large scale subdivisions or condominium property regimes in order to manage
growth and coordinate the delivery of government services in the County.}
Re: Comm. 999
Intr. by: Mr. Hoffmann
Pursuant to
Section 25-2-43, Hawaii
County Code, recommends to
commit to Planning Director
and Planning Commission: PC-107
Hawaii County Council-44 Page 8 September 7, 2006
Bill 323: 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 Coqui
Frog Eradication and Control ($1,000,000); appropriates same to Coqui Frog
Eradication and Control.}
Re: Comm. 1013
Intr. by: Ms. Isbell
Approve: FC-324
;and
Comm. 1013.7: Submits financial information regarding the "Coqui Frog Eradication and Control
Community Funds Mini-Grant Assessment".
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 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
is` Reading: August 23, 2006
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 Electric, Inc., Applicant.}
Re: Comm. 952
Intr. by: Mr. Pilago
ls` Reading: August 23, 2006
Bill 309 Planning Director Initiated -Amends the Hawaii County General Plan, as Adopted
(Draft 4): by Ordinance No. OS 25. {Proposed amendments are to the text, policies, courses of
action, Land Use Pattern Allocation Guide (LUPAG) Map, and Facilities Map.
Revisions in the draft include deletion of A-1, 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. 964.48
Intr. by: Mr. Pilago
151 Reading: August 23, 2006
Hawaii County Council-44 Page 9 September 7, 2006
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
ls` Reading: August 23, 2006
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
15` Reading: August 23, 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 Gardens". {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
1~` Reading: August 23, 2006
REPORTS
FC-318 Recommends the acceptance of a donation by Mr. Charles Wagaman of one stand-
(Comm. 1008): up freezer (with an estimated total value of $420.94) to the Department of Parks and
Recreation, Elderly Activities Division, Nutrition Program, for use by the seniors
belonging to the Hilo nutrition site located in Aunty Sally Kaleohano's Luau Hale
for their program needs and convenience.
Hawaii County Council-44 Page 10 September 7, 2006
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 Procedwe 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. (Note: No
recommendation was made at the Council's August 23, 2006, meeting, therefore,
this matter has been re-agendized.)
Comm. 920.1: WENDELL TANGARO V. JOSEPH BOTELHO, ET AL., CIVIL NO. 03-00211
JMS/LEK
From Deputy Corporation Counsel Harry P. Freitas, dated August 24, 2006.
Comm. 1035: CLAIM AGAINST THE COUNTY/JUNIPER ADLER AND PROGRESSNE
INSURANCE COMPANY
From Deputy Corporation Counsel Joseph K. Kamelamela, dated August 23, 2006.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
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)
Hawaii County Council-44 Page 11 September 7, 2006
TUESDAY, OCTOBER 10, 2006
COMMITTEES TBA COUNCIL ROOM - HILO
WEDNESDAY, OCTOBER 11, 2006
COUNCIL 9:00 a.m. COUNCIL ROOM - HILO
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 September 5, 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.
Videoconferencin¢ 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 (171 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. Pease 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.
Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of
becoming a lobbyist. {Article 15, 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.
Hawaii County Council-44 Page 12 September 7, 2006
Government Access Television: Channel 52 (Hilo and Kona) Wednesday, September 13, 2006, at 6 p.m.;
Sunday, September 17, 2006, at 10:30 a.m.; and Wednesday, September 20, 2006, at 6 p.m.
(Hawai`i Tribune Herald -September 3, 2006)
(West Hawaii Today -September 3, 2006)