HomeMy WebLinkAboutAGE COUNCIL 07/07/2006 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
40 th Session
ORDER OF BUSINESS
Hawai‘i County Council
Hilo, Hawai‘i
Friday, July 7, 2006
9:00 a.m.
INVOCATION Pastor Bob Tominaga of Thy Word Ministries
CALL TO ORDER 9:11 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-40 Page 2 July 7, 2006
PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, EXPRESSIONS OF CONDOLENCE, AND
COMMUNICATIONS
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
ORDER OF RESOLUTIONS
Res. 376-06: Requests the Mayor and His Administration to Work with Kamehameha Schools on
Future Development of Lands Mauka of the KPC Villages, LLC Parcel to Provide
for Completion of the Proposed “Village Bypass” Connector Road Between Ali‘i
Drive and Kuakini Highway. {To ascertain whether by negotiation, friendly
condemnation, or developer requirement that a connector road be constructed or, in
the alternative, the reimbursement to the County of any and all costs related to said
connector.}
Re: Comm. 904
Intr. by: Ms. Isbell
Approve: PWIRC-46
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Res. 380-06: Authorizes the Acceptance of the Donation of a Search Canine to the Hawai‘i
County Police Department. {Donated by Canines for Kids, Inc., with the canine
and training valued at $8,000. Canine “Katie” would be used to locate missing
children primarily in the West Hawai‘i area.}
Re: Comm. 926
Intr. by: Ms. Isbell
Approve: FC-308
ADOPTED:
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-40 Page 3 July 7, 2006
Res. 403-06: Authorizes the Mayor or His Duly Authorized Representative to Negotiate, Execute
and Submit the Necessary Documents for an Estoppel Agreement with the National
Electrical Benefit Fund for a Pre-Development Loan with the Waikoloa Workforce
Housing, LLC. {The Hawai‘i County Housing Agency (HCHA) at its meeting held
on June 19, 2006, approved the County of Hawai‘i executing an Estoppel
Agreement with the National Electricians Benefit Fund for a pre-development loan
for the Waikoloa Employee Housing Project.}
Re: Comm. 961
Intr. by: Mr. Hoffmann
Waived: CHA
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 289: Amends the State Land Use Boundaries Maps for the County of Hawai‘i by
Changing the District Classification from the Agricultural to the Rural District at
Ouli, South Kohala, Hawai‘i, Covered by Tax Map Key 6-2-9:17 (approx.
5.900 acres). {Scott T. Nakahara, Applicant.}
Re: Comm. 906
Intr. by: Mr. Pilago
Approve: PC-90
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell, Pilago,
and Chair Higa – 6.
NOES: Council Member Jacobson – 1.
ABSENT & EXCUSED:Council Members Holschuh and Safarik – 2.
Bill 290: Amends Section 25-8-7 (North and South Kohala Zone Map), Article 8, Chapter 25
(Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the
District Classification from Agricultural – 5 Acre (A-5a) to Residential and
Agricultural – 2 Acre (RA-2a) at Ouli, South Kohala, Hawai‘i, Covered by Tax
Map Key 6-2-9:17 (approx. 5.900 acres). {Scott T. Nakahara, Applicant.}
Re: Comm. 906
Intr. by: Mr. Pilago
Approve: PC-91
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Pilago, and Chair Higa – 7.
NOES: Council Member Jacobson – 1.
ABSENT & EXCUSED:Council Member Safarik – 1.
Hawai‘i County Council-40 Page 4 July 7, 2006
Bill 291: Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by
Changing the District Classification from Agricultural – 20 Acre (A-20a) to
Agricultural – 10 Acre (A-10a) at Kaloko, North Kona, Hawai‘i, Covered by Tax
Map Key 7-3-048:005 (approx. 21.389 acres). {Thomas E. Shockley, Applicant.}
Re: Comm. 907
Intr. by: Mr. Pilago
Approve: PC-92
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, and
Chair Higa – 5.
NOES: Council Members Hoffmann, Jacobson, and Pilago – 3.
ABSENT & EXCUSED:Council Member Safarik – 1.
Bill 295: Amends Chapter 19 of the Hawai‘i County Code 1983 (2005 Edition), Real
Property Taxes, Relating to Real Property Tax Exemptions. {Proposed amendment
adds a new section allowing for tax exempt status to real property held by the
Hawai‘i Island Housing Trust, which was created to manage property deeded to the
County of Hawai‘i for affordable and employee housing.}
Re: Comm. 922
Intr. by: Ms. Isbell
Approve: FC-306
;and
Comm. 922.1: From Deputy Corporation Counsel Patricia K. O’Toole, dated June 23, 2006,
transmitting Bill 295, Draft 2. Draft 2 changes the phrase “individual
homeowners/lessees” to “individual homeowners”
;and
Bill 295 Amends Chapter 19 of the Hawai‘i County Code 1983 (2005 Edition), Real
(Draft 2): Property Taxes, Relating to Real Property Tax Exemptions.
Intr. by: Ms. Isbell
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-40 Page 5 July 7, 2006
Bill 307: 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 Federal
Grants – Workforce Investment Act 2006 ($1,420,008); appropriates to the
following: Workforce Investment Act – Administration Planning 2006-07
($141,999), Workforce Investment Act – Adult Program 2006-07 ($490,933),
Workforce Investment Act – Dislocated Worker Program 2006-07 ($287,991),
Workforce Investment Act – Youth Program 2006-07 ($499,085), for a total of
$1,420,008.}
Re: Comm. 962
Intr. by: Mr. Hoffmann
Approve: CHA – June 19, 2006
FILED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
(Note: Subsequent Bill 310 replaces Bill 307 and recommends that it be filed.)
Bill 310: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2007. {Increases revenues in Federal
Grants – Workforce Investment Act 2006 ($1,420,008); appropriates to the
following: Workforce Investment Act – Administration Planning 2006-07
($141,999), Workforce Investment Act – Adult Program 2006-07 ($490,933),
Workforce Investment Act – Dislocated Worker Program 2006-07 ($287,991),
Workforce Investment Act – Youth Program 2006-07 ($499,085), for a total of
$1,420,008. (This bill reflects a change in the title by referencing the current fiscal
year, which ends on June 30, 2007. Previous Bill 307 referenced last fiscal year,
thereby, the recommendation that it be filed.)}
Re: Comm. 966
Intr. by: Mr. Ikeda
Waived: CHA
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-40 Page 6 July 7, 2006
10:45 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND
OR FINAL READING)
ORDER OF THE DAY (SECOND OR FINAL READING)
Res. 387-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-4-013:007, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements along Komohana Street in South Hilo include constructing concrete
retaining walls and drywells, erecting guardrails, striping, marking paving, roadway
shoulders, and adjusting utility boxes containing an area of 2,023 square feet).}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
(Note: Subsequent Resolutions 388-06 through 400-06 regarding Eminent
Domain contains the same language relating to roadside safety improvements:
“constructing concrete retaining walls and drywells, erecting guardrails,
striping, marking paving, roadway shoulders, and adjusting utility boxes”.)
Res. 388-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-2-038:017, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Kino‘ole Street in South Hilo containing an
area of 900 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL 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-40 Page 7 July 7, 2006
Res. 389-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-2-038:018, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Kino‘ole Street in South Hilo containing an
area of 480 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Res. 390-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-2-038:015, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Kino‘ole Street in South Hilo containing an
area of 1,034 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Res. 391-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-4-012:024, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Komohana Street in South Hilo containing
an area of 1,640 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL 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-40 Page 8 July 7, 2006
Res. 392-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-4-013:011, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Komohana Street in South Hilo containing
an area of 2,700 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Res. 393-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-4-012:029, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Komohana Street in South Hilo containing
an area of 900 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Hoffmann and Safarik – 2.
Hawai‘i County Council-40 Page 9 July 7, 2006
Res. 394-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-4-012:028, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Komohana Street in South Hilo containing
an area of 900 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Res. 395-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-4-012:027, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Komohana Street in South Hilo containing
an area of 160 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Res. 396-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-4-012:026, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Komohana Street in South Hilo containing
an area of 1,640 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL 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-40 Page 10 July 7, 2006
Res. 397-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-4-012:023, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Komohana Street in South Hilo containing
an area of 900 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Res. 398-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-4-012:025, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Komohana Street in South Hilo containing
an area of 160 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Res. 399-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-4-013:046, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Komohana Street in South Hilo containing
an area of 1,800 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL 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-40 Page 11 July 7, 2006
Res. 400-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion
of Tax Map Key:(3)2-4-012:022, Situate at Waiākea, County and State of Hawai‘i,
for the South Hilo Roadside Improvements Project. {Roadside safety
improvements will be performed along Komohana Street in South Hilo containing
an area of 894 square feet.}
Re: Comm. 944
Intr. by: Mr. Ikeda
st
1 Reading: June 21, 2006
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
Bill 224 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 5): Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural (A-3a) and Open to Project District (PD) at Kau,
North Kona, Hawai‘i, Covered by Tax Map Key 7-2-5:1 (approx.725.2 acres).
{Hiluhilu Development, LLC, Applicant. Draft 5 amendments relate to the
following: Adds new Item No. 11 in Condition X (relating to Makalei Drive),
adds/deletes language in Condition EE (relating to University of Hawai‘i), and
makes other minor grammatical changes.}
Re: Comm. 687.81
Intr. by: Mr. Higa
Postponed: June 5, 2006 (Drafts 1, 2, and 3)
st
1 Reading: June 21, 2006
;and
Comm. 687.82: From Council Chair Stacy K. Higa, dated June 23, 2006, transmitting Bill 224,
Draft 6. Draft 6 amendments relate to the following: Adds/deletes language in
Condition EE (relating to connectivity of the University of Hawai‘i site as well as
the design and construction of the University’s building)
;and
Bill 224 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 6): Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural (A-3a) and Open to Project District (PD) at Kau,
North Kona, Hawai‘i, Covered by Tax Map Key 7-2-5:1 (approx.725.2 acres).
{Hiluhilu Development, LLC, Applicant.}
Intr. by: Mr. Higa
ND
AMENDED TO DRAFT 9 & PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, and Chair Higa – 6.
NOES: Council Members Jacobson and Pilago – 2.
ABSENT & EXCUSED:Council Member Safarik – 1.
Hawai‘i County Council-40 Page 12 July 7, 2006
Bill 225: Planning Director Initiated Amending Section 25-8-3 (North Kona Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005
Edition), Relating to Modifications of the Conditions of Ordinance No. 93 45, and
Further Amending the Ordinance by Deleting Tax Map Key 7-2-05:1. The
Remaining Area of 273.82 Acres is Retained as Agricultural (A-3a) at Kau, North
Kona, Hawai‘i, Covered by Tax Map Key 7-2-15:1-43, 46-86.
Re: Comm. 688
Intr. by: Mr. Pilago
Postponed: June 5, 2006
st
1 Reading: June 21, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, and Chair Higa – 6.
NOES: Council Members Jacobson and Pilago – 2.
ABSENT & EXCUSED:Council Member Safarik – 1.
Bill 281: 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 Single Family Residential (RS-10) to Neighborhood
Commercial (CN-20) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map
Key 2-2-034:012 (approx. 20,000 square feet). {Kathy Tripp, Applicant.}
Re: Comm. 883
Intr. by: Mr. Pilago
st
1 Reading: June 21, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik – 1.
REPORTS
FINANCIAL Monthly Financial Status Report from the Finance Department for the Month
REPORT: Ended May 31, 2006.
ACCEPTED
FC-305 Recommends approval of the nomination of Ms. Joanne Balberde-Kamalii
(Comm. 924): (Council District 3) to the Civil Service Commission.
APPROVED
FC-307 Recommends the acceptance of two monetary donations of $100 each from Kandi’s
(Comm. 923): Drive Inn and Fukunaga Electrical to the Department of Parks and Recreation to
dray the cost of supplies purchased for the Recreation Division’s Hilo District
Biggest Easter Egg Hunt; and a monetary donation of $25 from Bank of Hawai‘i –
Ka‘u Branch to the Department of Parks and Recreation to dray the cost of supplies
purchased for the Puna District Ka‘u Easter Program at Pāhala Community Center.
APPROVED
Hawai‘i County Council-40 Page 13 July 7, 2006
PC-88 Recommends approval of the nomination of the following individuals to the Kailua
(Comm. 931): Village Design Commission: Ms. Theresa L. Andreae (Council District 8),
Mr. Stephen J. Herbert (Council District 8), Ms. Cynthia L. Hope (Council
District 7), Ms. Fanny Au Hoy (Council District 8), Ms. Sally Marone (Council
District 7), and Mr. David M. Ross (Council District 7).
APPROVED
PC-89 Recommends approval of a conveyance agreement relating to the provisions
(Comm. 106.83): between Puaa Development, LLC, and Suffolk Investment, LLC, and the
Innovations Public Charter School Foundation. {References Ordinance
Nos. 05-113 and 05-115 which outlined a process for the development and use of
five acres of land for a school.}
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. 514.3: JAMES R. 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 June 6, 2006. {The purpose
of the executive meeting is to discuss the Corporation Counsel’s interpretation, work
product, and recommendations concerning the litigation in this case, including but
not limited to the payment of special counsel fees and costs, which necessarily
involve discussion concerning the Council’s powers, duties, privileges, immunities,
and liabilities thereto. This meeting is closed to the public pursuant to Section
92-5(a)(4), Hawai‘i Revised Statutes, as amended.}
Postponed: June 21, 2006
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 948: CLAIM AGAINST THE COUNTY/VERNA M. BADUA
From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 20, 2006.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 960: CLAIM AGAINST THE COUNTY/LANDS OF PARADISE, LLC
From Deputy Corporation Counsel Joseph K. Kamelamela, dated June 23, 2006.
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-40 Page 14 July 7, 2006
ANNOUNCEMENTS
TUESDAY, JULY 18, 2006
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, JULY 19, 2006
COUNCIL 9:00 a.m. COUNCIL ROOM
MONDAY, JULY 31, 2006
COMMITTEES TBA COUNCIL ROOM
TUESDAY, AUGUST 1, 2006
COUNCIL 9:00 a.m. COUNCIL ROOM
ADJOURNMENT 12:56 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 July 5, 2006. 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
Hawai‘i County Council-40 Page 15 July 7, 2006
Office in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to
Please submit a separate testimony for each item.
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) Friday, July 14, 2006, at 6 p.m.; Sunday, July 16,
2006, at 10:30 a.m.; and Wednesday, July 19, 2006, at 6 p.m.
(Hawai‘i Tribune Herald – July 2, 2006)
(West Hawai‘i Today – July 2, 2006)