HomeMy WebLinkAboutAGE COUNCIL 11/09/2005 2004-2006 ACTIONS
STACY K. HIGA JAMES Y. ARAKAKI
PETE HOFFMANN
Chair & Presiding Officer
FRED C. HOLSCHUH, M.D.
VIRGINIA ISBELL DONALD IKEDA
BOB JACOBSON
Vice Chair
K. ANGEL PILAGO
GARY SAFARIK
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
24 th Session
ORDER OF BUSINESS
Hawai‘i County Council
Hilo, Hawai‘i
Wednesday, November 9, 2005
9:00 a.m.
INVOCATION Captain Michael Lutcher of Salvation Army
CALL TO ORDER 9:07 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawai‘i County is an Equal Opportunity Provider and Employer.
Hawai‘i County Council-24 Page 2 November 9, 2005
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON PETITIONS, MEMORIALS,
COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE
PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND
EXPRESSIONS OF CONDOLENCE
Comm. 452.2: PROPOSALS FOR INCLUSION IN THE 2006 HAWAI‘I STATE ASSOCIATION
OF COUNTIES (HSAC) LEGISLATIVE PACKAGE
From HSAC Vice President K. Angel Pilago, dated October 26, 2005, requesting
that the following legislation be considered for inclusion in the 2006 HSAC
Legislative Package: 1) A Bill for an Act Relating to the Sunshine Law, which
amends Section 92-10, HRS, to exempt all elected legislative boards, including the
county councils; and 2) A Resolution Proposal Repealing the Sunset Dates for
Three State Statutes that Provide the Counties with Liability Protection for Public
Use of Certain County Recreation Areas, which consolidates the two Bills for an
Act Relating to Public Land Liability as well as A Bill for an Act Relating to
Liability, which repeals the sunset dates of three statutes stated previously,
providing the state and county governments with liability protection for public use
of certain state or county recreational areas.
Waived: PWIRC
FILED (APPROVED ITEM NO. 2 FOR INCLUSION IN THE 2006 HSAC LEG.
PKG.; ITEM NO. 1 FAILED)
Comm. 500: PRESENTATION REGARDING A DOCUMENTARY FILM HONORING THE
STND
U.S. ARMY'S 1 AND 2 FILIPINO INFANTRY REGIMENTS AND
UPCOMING YEAR-LONG FILIPINO CENTENNIAL CELEBRATION IN
DECEMBER 2005
From Council Chair Stacy K. Higa, dated October 18, 2005, stating that the
coordinators of this event, Carol Brown and Lorraine Godoy, would be providing
information regarding this Veteran's Day event.
Waived: FC
FILED
Hawai‘i County Council-24 Page 3 November 9, 2005
9:15 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
ORDER OF RESOLUTIONS
Res. 180-05: Authorizes the Acceptance of a Donation of an Assortment of Rescue Equipment to
the Hawai‘i County Fire Department. {Donated by the Kanoelani Chapter of the
American Business Women's Association and would be used to enhance the rescue
capabilities of the firefighters at the Waimea Fire Station, with an estimated value of
$250.}
Re: Comm. 469
Intr. by: Ms. Isbell
Approve: FC-164
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Res. 181-05: Authorizes the Acceptance of a Donation of a Billiard Table to the Department of
Parks and Recreation. {Donated by the Ka‘u Ho‘olaule‘a Committee and would be
used by the patrons of the Na‘alehu Community Center, with an estimated value of
$3,072.}
Re: Comm. 470
Intr. by: Ms. Isbell
Approve: FC-165
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Res. 182-05: Authorizes the Acceptance of a Monetary Donation of $2,000 to the Hawai‘i
County Police Department. {Donated by Big Island Candies and would be used by
the ICE Task Force and Vice officers in their methamphetamine investigations.}
Re: Comm. 471
Intr. by: Ms. Isbell
Approve: FC-166
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Hawai‘i County Council-24 Page 4 November 9, 2005
Res. 183-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for Two Boom Trucks (five-year lease agreement). {Trucks would be
used by the Environmental Management Department's Solid Waste Division to
collect bulky items such as white goods, sofas, mattresses, large tires, and engine
blocks deposited at County transfer stations, which would be taken to County scrap
metal facilities and landfills.}
Re: Comm. 472
Intr. by: Ms. Isbell (B/R)
Approve: FC-168
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik – 2.
Res. 184-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for One Landfill Compactor (five-year lease agreement). {Compactor
would be used by the Environmental Management Department's Solid Waste
Division at the West Hawai‘i landfill to maximize trash compaction, reduce airspace
in the waste, and be in compliance with Department of Health regulations.}
Re: Comm. 473
Intr. by: Ms. Isbell (B/R)
Approve: FC-169
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik – 2.
Res. 185-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for Eight 75 Cubic Yard Refuse Trailers (five-year lease agreement).
{Refuse trailers would be used by the Environmental Management Department's
Solid Waste Division to replace current trailers at the transfer stations which are in
excess of ten years of age, require extensive repairs, and reached the end of their
useful life.}
Re: Comm. 474
Intr. by: Ms. Isbell (B/R)
Approve: FC-170
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik – 2.
Hawai‘i County Council-24 Page 5 November 9, 2005
Res. 186-05: Authorizes the Finance Director to Dispose of Donated Lands Situate at South Hilo,
Hawai‘i, Being Tax Map Key:(3)2-3-030:004, by Either Public Auction, Sale or
Lease by Sealed Bid, Sale or Lease by Negotiations or Exchange. {Property
contains an area of 60.59 acres, requires ongoing maintenance and is not considered
a feasible site for future County facilities (previously acquired in 1917 for the
purpose of protecting the watershed for the City of Hilo).}
Re: Comm. 476
Intr. by: Ms. Isbell
Approve: FC-171
FILED (MOTION TO FILE)
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik – 2.
Res. 194-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $84 out and from Clerk-Council Services – Contingency
Relief account; credits same to Department of Research and Development Hawai‘i
County Resource Center ($84). Discretionary funds from Council District 2 would
be used to purchase materials to build bins to hold recycled cans and bottles for the
Pu‘u‘eo Community Association Recycling Project.}
Re: Comm. 499
Intr. by: Mr. Ikeda
Waived: FC
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik – 2.
Res. 200-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $500 out and from Clerk-Council Services – Contingency
Relief account; credits same to Department of Research and Development Hawai‘i
County Resource Center (Facilitating Extraordinary Accomplishments in Hawai‘i
Youth (FEAHY) Workshop) ($500). Discretionary funds from Council District 8
would be used to support the FEAHY Workshop.}
Re: Comm. 518
Intr. by: Mr. Pilago
Waived: FC
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik – 2.
Hawai‘i County Council-24 Page 6 November 9, 2005
9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 156: Amends Chapter 11 (Housing), Article 1, Section 11-4(d), Hawai‘i County Code
1983 (2005 Edition), to Include Affordable Housing Requirements for Industrial
Park Developments. {Requires industrial park developments, consisting of multiple
individual enterprises which cumulatively generate over 100 employees on a
fulltime equivalent basis, to earn one affordable housing credit for every four
fulltime equivalent jobs created.}
Re: Comm. 463
Intr. by: Mr. Hoffmann
Negative Recommendation: PC-36 (due to a vote of 4
ayes, 3 noes and 2 absent &
excused)
POSTPONED TO 12/7/05 COUNCIL MEETING
Bill 157: Amends Section 25-8-12 (Kawaihae-Puako District Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by
Changing the District Classification from Open (O) to Industrial-Commercial Mixed
st
(MCX-1a) at Kawaihae 1, South Kohala, Hawai‘i, Covered by Tax Map
Key 6-1-3:15 (approx. 1.32 acres). {State of Hawai‘i, Department of Land and
Natural Resources, Applicant.}
Re: Comm. 464
Intr. by: Mr. Pilago and Mr. Hoffmann
Approve: PC-37
ST
PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Bill 158: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District
Classification from Multiple Family Residential (RM-1) to Multiple Family
Residential (RM-10) at Kalalau, South Hilo, Hawai‘i, Covered by Tax Map
Key 2-6-8:Portion of 22 (approx. 0.55 acre). {Johanna Leaird Revocable Living
Trust, Applicant.}
Re: Comm. 465
Intr. by: Mr. Hoffmann and Mr. Pilago
Approve: PC-38
ST
PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Hawai‘i County Council-24 Page 7 November 9, 2005
Bill 159 Amends Chapter 25 (Zoning Code) of the Hawai‘i 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
Approve: PC-39
ST
PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Bill 160: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the
County of Hawai‘i 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.}
Re: Comm. 471
Intr. by: Ms. Isbell
Approve: FC-167
ST
PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
10:15 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR
FINAL READING)
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 146: Amends Chapter 24, of the Hawai‘i County Code 1983 (2005 Edition), Relating to
Vehicles and Traffic. {Authorizes 20 mile per hour speed limits along
Hōkū‘ula Road, Spencer Road, Konokohau Road, and Laelae Road.}
Re: Comm. 424
Intr. by: Mr. Ikeda
st
1 Reading: October 18, 2005
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-24 Page 8 November 9, 2005
Bill 152: Amends Ordinance No. 05-87, as Amended, Relating to Public Improvements
and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006.
{Increases FIRE: Pāhoa Fire Station \[$2,009,000\] $2,809,000; funds to be
provided from General Obligation Bonds, Capital Projects Fund – Fund
Balance and/or Other Sources ($800,000). Estimated costs of construction for
the fire station has gone up due to the current boom in the construction
industry.}
Re: Comm. 443
Intr. by: Ms. Isbell
st
1 Reading: October 18, 2005
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 153: Amends Ordinance No. 05-87, as Amended, Relating to Public Improvements
and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006.
{Adds FIRE: Central Fire Station Roof Repair ($390,000); funds to be
provided from General Obligation Bonds, Capital Projects Fund – Fund
Balance and/or Other Sources ($390,000). Funds would be used for the design
and repair of the Department's leaking roof and water damaged ceiling.}
Re: Comm. 444
Intr. by: Ms. Isbell
st
1 Reading: October 18, 2005
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 154 Amends Chapter 18, Article 4, Division 1, Subsection 18-90(h), of the Hawai‘i
(Draft 2): County Code 1983 (2005 Edition), Relating to Public Transportation.
{Designates the entire County of Hawai‘i as a transportation kōkua zone,
expanding on the successful kōkua zones currently provided between Pāhoa
and Hilo and Ocean View and Kawaihae.}
Re: Comm. 450.1
Intr. by: Mr. Ikeda
st
1 Reading: October 18, 2005
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-24 Page 9 November 9, 2005
Bill 155: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the
County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Appropriates
revenues in State Grants – Coordinated Services – Purchase of Services
($69,127); appropriates same to Coordinated Services – Other Current
Expense.}
Re: Comm. 454
Intr. by: Ms. Isbell
st
1 Reading: October 18, 2005
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
REPORTS
FC-163 Recommends acceptance of the following donations to the Parks and
(Comm. 467): Recreation Department: Two Nigerian Dwarf Goats and one Pot Belly Pig
from the Friends of the Zoo to be used as petting zoo animals for the Children's
Petting Zoo at the Pana‘ewa Rainforest Zoo (estimated value of $250); and 32
cubic yards of cinder from Sanford's Service Center, Inc., to be used for the
beautification of Kahakai Park in Hawaiian Beaches (estimated value of
$261.68).
APPROVED
REFERRALS FOR EXECUTIVE SESSION
The Council anticipates convening an executive meeting regarding the following cases, pursuant to
Section 92-5(a)(4), Hawai‘i 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. 513: SHANNON ROBYN, ET AL. VS. ALBERT PACHECO, ET AL., CIVIL
NO. 02-1-0373
From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 28, 2005.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 514: JAMES S. PARRISH AND LISA R. PARRISH, ET. AL. V. THE HONORABLE
RONALD IBARRA, JUDGE OF THE THIRD CIRCUIT COURT, STATE OF
HAWAI‘I, ET. AL. CIVIL NO. 05-651; JAMES R. PARRISH AND LISA R.
PARRISH, ET. AL. V. THE STATE OF HAWAI‘I, ET. AL. CIVIL NO. 05-1-0315.
From Corporation Counsel Lincoln S. T. Ashida, dated October 28, 2005.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
Hawai‘i County Council-24 Page 10 November 9, 2005
ANNOUNCEMENTS
MONDAY, NOVEMBER 21, 2005
COMMITTEES TBA COUNCIL ROOM
COUNCIL PUBLIC 6:00 p.m. PĀHOA
HEARING RE RES. 171-05 NEIGHBORHOOD
(STATE HARBORS) FACILITY
TUESDAY, NOVEMBER 22, 2005
COUNCIL 9:00 a.m. COUNCIL ROOM
COUNCIL PUBLIC 6:00 p.m. COUNCIL ROOM
HEARING RE RES. 171-05
(STATE HARBORS)
WEDNESDAY, NOVEMBER 30, 2005
COUNCIL PUBLIC 6:00 p.m. NA‘ALEHU
HEARING RE RES. 171-05 COMMUNITY CENTER
(STATE HARBORS)
TUESDAY, DECEMBER 6, 2005
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
COUNCIL PUBLIC 6:00 p.m. SHERATON KEAUHOU
HEARING RE RES. 171-05 BAY RESORT & SPA
(STATE HARBORS)
WEDNESDAY, DECEMBER 7, 2005
COUNCIL 9:00 a.m. SHERATON KEAUHOU
BAY RESORT & SPA
COUNCIL PUBLIC 7:00 p.m. WAIMEA MIDDLE
HEARING RE RES. 171-05 SCHOOL
(STATE HARBORS) CAFETERIA
Hawai‘i County Council-24 Page 11 November 9, 2005
ADJOURNMENT 2:32 p.m.
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 November 7, 2005. Persons using TDDs may call 961-8521.
Copies of an item listed on the agenda may be viewed at the Hawai‘i County Services Office at 75-5706 Kuakini
Highway, Suite 103, Kailua-Kona, Hawai‘i 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo,
Hawai‘i 96720; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place,
Suite 109, Kailua-Kona, Hawai‘i 96740; and at the Waimea Council Members' Office at the Holomua Center,
64-1067 Māmalahoa Highway, Suite 5, Waimea, Hawai‘i 96743.
Videoconferencing 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.
Videoconferencing from the Pāhoa 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
sixteen (16)
bring 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. 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 Hawai‘i County Clerk within five days of
becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawai‘i 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), Hawai‘i County Code}
Registration forms and expenditure report documents are available at the Office of the County Clerk-Council,
25 Aupuni Street, Hilo, Hawai‘i 96720.
Government Access Television: Channel 52 (Hilo and Kona) Wednesday, November 16, 2005, at 6 p.m.;
Sunday, November 20, 2005, at 10:30 a.m.; and Wednesday, November 23, 2005, at 6 p.m.
(Hawai‘i Tribune Herald – November 6, 2005)
(West Hawai‘i Today – November 6, 2005)