HomeMy WebLinkAboutAGE COUNCIL 11/22/2005 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
25 th Session
ORDER OF BUSINESS
Hawai‘i County Council
Hilo, Hawai‘i
Tuesday, November 22, 2005
9:00 a.m.
INVOCATION Stewart Hussey, President, The Christian Science Church
CALL TO ORDER 9:05 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES September 8, 2005 - APPROVED
(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-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 RESOLUTIONS
Res. 178-05: Authorizes the Acquisition of Private Property by Eminent Domain, Being Road B,
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, Hawai‘i. {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 Hawai‘i by improving
traffic circulation.}
Re: Comm. 468
Intr. by: Mr. Ikeda
Approve: PWIRC-27
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 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
14,267 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 Hawai‘i by
improving traffic circulation.}
Re: Comm. 468
Intr. by: Mr. Ikeda
Approve: PWIRC-28
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 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-25 Page 3 November 22, 2005
Res. 189-05: 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 Hawai‘i, from the State of Hawai‘i, for the Waimea Trails and Greenways
Project (approx. 0.028 acre).
Re: Comm. 479
Intr. by: Mr. Ikeda
Approve: PWIRC-29
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 190-05: Supports the Coqui Frog Working Group’s Consolidated Efforts to Control and
Eradicate Coqui Frogs in Hawai’i 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
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
and;
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
Equipment. 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
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-25 Page 4 November 22, 2005
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 Hawai‘i.
Re: Comm. 495
Intr. by: Mr. Hoffmann and Mr. Pilago
Approve: PC-43
AMENDED TO DRAFT 2 & ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 195-05: Authorizes the Payment of Funds of a Later Fiscal Year and of More than One
Fiscal Year for Multi-Year Lease for Seven Copiers for the Hawai‘i County Police
Department. {Copiers would be used in the Department's district offices in North
Hilo, Hāmākua, Kohala, Ka‘u, Kea‘au, and Pāhoa 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
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 196-05: Authorizes the Finance Director to Convey Lands Situated at Manowai‘ōpae
Homesteads, North Hilo, Hawai‘i, Being TMK: (3)3-6-003:035 to the Department
of Water Supply for Well and Reservoir Expansion. {The Department, owner of the
adjacent parcel, would like to consolidate these parcels and acquire more land for
the expansion of the well and reservoir facilities.}
Re: Comm. 505
Intr. by: Ms. Isbell
Approve: FC-176
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-25 Page 5 November 22, 2005
Res. 197-05: Authorizes the Office of the Mayor to Enter Into an Agreement with the United
States of America, Pursuant to HRS 46-7, for the Assistance to Firefighters Grant
for the Hawai‘i 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
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 198-05: Amends Salary Ordinance No. 05-88 to Amend the Pay Rates for the Student 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 Hawai‘i'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
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
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, and increase office productivity.}
Re: Comm. 508
Intr. by: Ms. Isbell
Approve: FC-180
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-25 Page 6 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
Committees.}
Re: Comm. 537
Intr. by: Mr. Higa
Waived: FC
AMENDED TO DRAFT 2 & ADOPTED:
AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Pilago,
and Chair Higa – 6.
NOES: Council Members Hoffmann, Jacobson, and Safarik – 3.
ABSENT & EXCUSED:None.
Res. 208-05: Authorizes the Director of Finance to Negotiate a Fifty-Five Year Lease with the
Hawai‘i 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. Hoffmann
Approve: CHA – November 9, 2005
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
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): Reclassified Lands from an Unplanned (U) and Multiple Family Residential
(RM-1.5) to Open (O) and Residential-Agricultural (RA-1a) at Waikoloa, South
Kohala, Hawai‘i, 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. 230.8
Intr. by: Mr. Hoffmann and Mr. Pilago
Approve: PC-44
ST
AMENDED TO DRAFT 3 & PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Pilago, Safarik, and Chair Higa – 8.
NOES: Council Member Jacobson – 1.
ABSENT & EXCUSED:None.
Hawai‘i County Council-25 Page 7 November 22, 2005
Bill 161: Amends Chapter 14, Article 10, of the Hawai‘i 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 Hawai‘i County.}
Re: Comm. 492
Intr. by: Mr. Hoffmann and Mr. Pilago
Approve: PC-40
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 162: Amends Section 25-8-11 (Lalamilo-Puukapu Zone Map), Article 8, Chapter 25
(Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the
District Classification from Agricultural (A-40a) to Agricultural (A-5a) at Waimea,
South Kohala, Hawai‘i, Covered by Tax Map Key 6-4-17:40 (approx. 43.88 acres).
{Yoshio Inaba, et al., Applicant.}
Re: Comm. 493
Intr. by: Mr. Hoffmann and Mr. Pilago
Negative Recommendation: PC-41 (due to 4 ayes and 5 noes)
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell,
Safarik, and Chair Higa – 6.
NOES: Council Members Hoffmann, Jacobson, and Pilago – 3.
ABSENT & EXCUSED:None.
Bill 163: 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 Neighborhood Commercial (CN-10) to Industrial-Commercial
Mixed (MCX-20) at Waiakea, South Hilo, Hawai‘i, 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
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-25 Page 8 November 22, 2005
Bill 164: 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 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.}
Re: Comm. 502
Intr. by: Ms. Isbell
Approve: FC-173
ST
PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, and Chair Higa – 6.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki, Pilago, and Safarik – 3.
Bill 165: 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 an
appropriation and adds two related projects as follows: ENVIRONMENTAL
MANAGEMENT: Nā‘ālehu and Pāhala Large Capacity Cesspool Replacement –
County \[$330,000\] ($450,000), Nā‘ālehu and Pāhala Large Capacity Cesspool
Replacement – State Revolving Funds ($2,000,000), and Nā‘ālehu and Pāhala 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 Nā‘ālehu and Pāhala 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
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Hawai‘i County Council-25 Page 9 November 22, 2005
Bill 166: 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
Federal Grants – Assistance to Firefighters ($406,016); appropriates same to
Assistance to Firefighters.}
Re: Comm. 506
Intr. by: Ms. Isbell
Approve: FC-178
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 167 Amends Chapter 24, Article 4, of the Hawai‘i 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.}
Re: Comm. 509.1
Intr. by: Ms. Isbell
Approve: FC-181
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 169 Amends Chapter 19, of the Hawai‘i 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
ST
AMENDED TO DRAFT 2 & PASSED 1 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-25 Page 10 November 22, 2005
Bill 170 Amends Chapter 19, of the Hawai‘i County Code 1983 (1995 Edition), Relating to
(2002-2004): Real 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
ST
AMENDED TO DRAFT 2 & PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 171: Amends Chapter 2, Article 42, Hawai‘i County Code 1983 (2005 Edition), Relating
to the Public Access, Open Space, and Natural Resources Preservation Commission.
{Adds language to Ordinance No. 05-85 regarding Commissioners' terms.}
Re: Comm. 538
Intr. by: Mr. Jacobson
Waived: FC
ST
AMENDED TO DRAFT 2 & PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 172: 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 Block
Grant Program Income ($121,766.88); appropriates same to Removal of
Architectural Barriers.}
Re: Comm. 544
Intr. by: Mr. Hoffmann
Approve: CHA – November 9, 2005
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Holschuh – 1.
Hawai‘i County Council-25 Page 11 November 22, 2005
Bill 173: 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 HOME –
Program Income ($96,910.48); appropriates same to Hualalai Elderly Housing
Phase III.}
Re: Comm. 545
Intr. by: Mr. Hoffmann
Approve: CHA – November 9, 2005
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
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 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
st
1 Reading: November 9, 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.
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
st
1 Reading: November 9, 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-25 Page 12 November 22, 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
st
1 Reading: November 9, 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.
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
st
1 Reading: November 9, 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
PSPRC-16 Recommends approval of the nomination of Mr. Gary Yoshiyama (Council
(Comm. 510): District 2) to the Liquor Adjudication Board.
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. 491: REQUEST FOR EXECUTIVE MEETING REGARDING "SERIAL
COMMUNICATIONS" AND THE STATE OF HAWAI‘I OFFICE OF
INFORMATION PRACTICES (OIP)
From Corporation Counsel Lincoln S. T. Ashida, dated October 17, 2005.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Hawai‘i County Council-25 Page 13 November 22, 2005
(Note: The purpose of the executive meeting is to discuss the Corporation Counsel's
interpretation, work product, and recommendations concerning the State of Hawai‘i
OIP’s prohibition against "serial communication" of board members, and to discuss
the Council's powers, duties, privileges, immunities, and liabilities 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), Hawai‘i Revised Statutes, as amended.)
Comm. 527: CLAIM AGAINST THE COUNTY/FIRST INSURANCE – H.O.V.E. ROAD
MAINTENANCE
From Deputy Corporation Counsel Joseph K. Kamelamela, dated November 3,
2005.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 535: RUSSELL VS. COUNTY OF HAWAI‘I, CIVIL NO. 97-01102 SPK
From Deputy Corporation Counsel Joseph K. Kamelamela, dated November 7,
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.)
ANNOUNCEMENTS
TUESDAY, NOVEMBER 22, 2005
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)
Hawai‘i County Council-25 Page 14 November 22, 2005
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 CAFETERIA
(STATE HARBORS)
ADJOURNMENT 6:19 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 18, 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.
Hawai‘i County Council-25 Page 15 November 22, 2005
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 30, 2005, at 6 p.m.;
Sunday, December 4, 2005, at 10:30 a.m.; and Wednesday, December 7, 2005, at 6 p.m.
(Hawai‘i Tribune Herald – November 18, 2005)
(West Hawai‘i Today – November 18, 2005)