HomeMy WebLinkAboutAGE COUNCIL 06/21/2006 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
39 th Session
ORDER OF BUSINESS
Hawai‘i County Council
Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawai‘i
Wednesday, June 21, 2006
9:00 a.m.
INVOCATION Pastor Jason Meechan of Thy Word Ministries – Kona
CALL TO ORDER 9:04 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES December 21, 2005; January 5, 2006; January 20, 2006;
and February 1, 2006 – 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-39 Page 2 June 21, 2006
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON PETITIONS, MEMORIALS, CERTIFICATES OF
MERIT, EXPRESSIONS OF CONDOLENCE, AND COMMUNICATIONS
PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, EXPRESSIONS OF CONDOLENCE, AND
COMMUNICATIONS
Comm. 928: NOMINATES PATRICIA PROVALENKO (COUNCIL DISTRICT 9) TO THE
COST OF GOVERNMENT COMMISSION
From Mayor Harry Kim, dated May 26, 2006, recommending approval of the above
nomination.
Waived: FC
APPROVED
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
ORDER OF RESOLUTIONS
Res. 378-06: Authorizes the Acceptance of a Donation of Construction of New Dug Out Benches
with Concrete Slabs for Pu‘u Nui Park. {Donated by Goodfellow Brothers, Inc.,
with an estimated value of $6,500.}
Re: Comm. 910
Intr. by: Ms. Isbell
Approve: FC-303
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 379-06: Directs the Clerk of the County of Hawai‘i to Take Necessary Action to Place the
Charter Amendment Proposed by Ordinance No. 06-60 on the 2006 General
Election Ballot. {Ordinance No. 06-60 amends the name of the Department of Civil
Service, the titles of the director and deputy director, and the name of the civil
service commission.}
Re: Comm. 916
Intr. by: Ms. Isbell
Approve: FC-304
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-39 Page 3 June 21, 2006
Res. 384-06: Accepts the Dedication of Road Lot R-1 (Ahiahi-Kauhale Connector Road),
Containing an Area of 26,421 Square Feet, Situate in the District of North Kona,
County and State of Hawai‘i, Bearing Tax Map Key: (3)7-3-010:Por. 029, from
Keahole Group, LLC.
Re: Comm. 940
Intr. by: Mr. Ikeda
Waived: PWIRC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 385-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $80,000 out and from Provision for Compensation
Adjustment – General Fund; credits same to Civil Defense Agency Salaries and
Wages ($25,000) and Unemployment Compensation – General Fund ($55,000), for
a total of $80,000. Shortage of funds are due to overtime costs arising from unusual
amounts of emergencies, temporary assignment costs during the deployment of the
Civil Defense Administrator, and claims for the current year were more than
expected.}
Re: Comm. 942
Intr. by: Ms. Isbell
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 386-06: Accepts the Donation of a Right-of-Way, Being a Portion of Tax Map Key:
(3)2-4-012:030, Situate at Waiākea, County and State of Hawai‘i, from
Yoshimi Nakayama and Aiko Nakayama, for the South Hilo Roadside
Improvements Project. {Acquiring this property would allow for roadside safety
improvements along Komohana Street in South Hilo containing an area of 1,198
square feet).}
Re: Comm. 943
Intr. by: Mr. Ikeda
Waived: PWIRC
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-39 Page 4 June 21, 2006
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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
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-39 Page 5 June 21, 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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-39 Page 6 June 21, 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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Hoffmann – 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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Hoffmann – 1.
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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Hoffmann – 1.
Hawai‘i County Council-39 Page 7 June 21, 2006
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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Hoffmann – 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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Hoffmann – 1.
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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-39 Page 8 June 21, 2006
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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
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
Waived: PWIRC
Note: First of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ST
PASSED 1 OF TWO REQUIRED READINGS:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-39 Page 9 June 21, 2006
9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 224: Amends Section 25-8-3 (North Kona 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-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.}
Re: Comm. 687
Intr. by: Mr. Pilago
Approve: PC-73
Postponed: June 5, 2006
;and
Comm. 687.75: From Council Member Pete Hoffman, dated May 30, 2006, transmitting Bill 224,
Draft 2. Draft 2 relates to the following: Amends Conditions D, I and J (relating to
golf course, university, and public school facilities), deletes Condition T (relating to
golf course), adds new Condition T (relating to University of Hawai‘i), adds new
Condition U (relating to State Department of Education), amends Condition W
(relating to regional park), amends Condition Z (relating to road construction),
deletes Condition FF (relating to infrastructure commitments to the University of
Hawai‘i), and re-letters certain conditions.
; and
Bill 224 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 2): 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. Hoffmann
Postponed: June 5, 2006
;and
Comm. 687.79: From Council Chair Stacy K. Higa, dated June 5, 2006, transmitting Bill 224,
Draft 3. Draft 3 amendments relate to the following: Amends Conditions D, I, and
J (relating to golf course) amends Condition P (relating to occupancy), amends
Condition S (relating to retail space), deletes Condition T (relating to golf course),
amends Condition U (relating to parks), amends Condition X (relating to access),
amends Condition AA (relating to vehicular security gate), amends Condition EE
(relating to the university), amends Condition OO (relating to fair share
contribution), and re-letters certain conditions.
; and
Hawai‘i County Council-39 Page 10 June 21, 2006
Bill 224 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 3): 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
Postponed: June 5, 2006
ST
AMENDED TO DRAFT 5 & 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.
(Note: There are three pending motions: 1) Mr. Pilago moved to approve Bill 224,
duly seconded by Mr. Hoffmann; 2) Mr. Hoffmann moved to amend Bill 224 with
Draft 2, duly seconded by Mr. Jacobson; and 3) Mr. Holschuh moved to amend
Bill 224, Draft 2, with Draft 3, duly seconded by Ms. Isbell.)
; and
Comm. 687.43: From Kitty Lagareta, Chairperson, Board of Regents, University of Hawai‘i, dated
May 26, 2006; and
Comm. 687.76: From Guido Giacometti, Island Advisors, Inc., Owner’s Representative – Hiluhilu
Development LLC, dated May 31, 2006; and
Comm. 687.77: From Dawn Henry, dated June 5, 2006; and
Comm. 687.78: From Jerry Schneyer, Spokesman, Makalei Estates Community Association,
undated.
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
Approve: PC-74
Postponed: June 5, 2006
ST
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-39 Page 11 June 21, 2006
Bill 251 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 2): Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural (A-5a) to Residential and Agricultural (RA-1a)
(approx. 97.347 acres) and Multiple Family Residential (RM-3.5) (approx.
nd
10.829 acres) at Moeauoa 2, North Kona, Hawai‘i, Covered by Tax Map Key
7-5-3:7, 8, 9. {SCD Kona 108, LLC, Applicant.}
Re: Comm. 766.5
Intr. by: Mr. Pilago
Approve: PC-67
Postponed: May 17, 2006
POSTPONED TO JULY 19, 2006, COUNCIL MEETING
(Note: There is a pending motion by Mr. Pilago and duly
seconded by Ms. Isbell to approve Bill 251, Draft 2.)
;and
Comm. 766.7: From Planning Director Christopher J. Yuen, dated May 9, 2006; and
Comm. 766.8: From Cheryl King, dated May 14, 2006; and
Comm. 766.9: From Loraine Peters, dated May 17, 2006; and
Comm. 766.10: From Jake Jacobs, dated May 17, 2006; and
Comm. 766.11: From Cory Harden, dated May 15, 2006; and
Comm. 766.12: From Virginia Cochran and James Cochran, dated May 14, 2006; and
Comm. 766.13: From Gust Koutroupas, dated May 13, 2006; and
Comm. 766.14: From Walter A. Hoffman, dated May 12, 2006; and
Comm. 766.15: From Members of The Salvation Army Kona Corps Advisory Board, dated May 15,
2006 (William L. Wong, Chair; Chuck Corbe; Jeff Martin; David Rees-Thomas;
James Allen; Matthew Kilgore; Noel Black-Ackerman; Ken Apilado, and
John Harris); and
Comm. 766.16: From Bill and Lorraine Van Horn, dated May 10, 2006; and
Comm. 766.17: Petitions (54) signed by individual lot owners of the Malulani Gardens Subdivision,
as well as written testimony from residents of Malulani Gardens; and
Comm. 766.18: From Adele DeCuyper, dated May 17, 2006; and
Comm. 766.19: From Pamela S. Poore, undated.
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
Approve: PC-87
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)
Hawai‘i County Council-39 Page 12 June 21, 2006
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 269: Amends Article VII, Chapter 4, of the Hawai‘i County Charter (2000), Relating to
the Fire Department. {Adopts “Hawai‘i Fire Department” as the formal name of the
Department.}
Re: Comm. 829
Intr. by: Mr. Jacobson
st
1 Reading: May 17, 2006
nd
2 Reading: June 5, 2006
2/3 Vote: Third of three required readings,
Section 15-1(a), Hawai‘i County
Charter
RD
PASSED 3 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 273: Initiates a Charter Amendment to the Hawai‘i County Charter (2000), Relating to
Verifying and Certifying Petitions for Initiative and Referendum, Removal of
Elected Officers and Charter Amendment or Revision. {The proposed amendments
relate to: 1) eliminates the requirement of providing social security numbers;
2) changes the number of days the County Clerk has to verify and certify petitions
and supplemental petitions; 3) deletes the mailing address provision; and 4) makes
other housekeeping changes.}
Re: Comm. 835
Intr. by: Ms. Isbell
st
1 Reading: May 17, 2006
nd
2 Reading: June 5, 2006
2/3 Vote: Third of three required readings,
Section 15-1(a), Hawai‘i County
Charter
RD
PASSED 3 & FINAL 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-39 Page 13 June 21, 2006
Bill 277: 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 State
Grants – Disabled Parking ($36,840); appropriates same to Disabled Parking –
State. Funds would be used towards the County’s Disabled Persons Parking Placard
Program.}
Re: Comm. 858
Intr. by: Ms. Isbell
st
1 Reading: June 5, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Holschuh – 1.
Bill 283 Amends Chapter 2, Article 41, of the Hawai‘i County Code 1983 (2005 Edition),
(Draft 2): Disaster and Emergency Fund, Relating to Fund Expenditures. {Proposal
eliminates the maximum appropriation of $1,000,000 per year and its accumulated
maximum of $5,000,000; and includes the allowance to pay for operational expense
of the County after a disaster or emergency when the County is unable to realize
revenue at sufficient levels due to the disaster or emergency.}
Re: Comm. 890.1
Intr. by: Ms. Isbell
st
1 Reading: June 5, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Holschuh – 1.
Bill 292 Amends Chapter 2 of the Hawai‘i County Code 1983 (2005 Edition),
(Draft 2): Administration, Relating to Budget Stabilization Fund. {This new special fund was
created for the purpose of meeting general fund revenue shortfalls and to minimize
the need for budget cuts or tax increases and would be a temporary supplement
source of funds for the County to use during times of financial hardships while a
plan for cost reduction or revenue enhancement is developed.}
Re: Comm. 890.2
Intr. by: Ms. Isbell
st
1 Reading: June 5, 2006
ND
PASSED 2 & FINAL 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-39 Page 14 June 21, 2006
Bill 286: 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
PLANNING: Puna Makai Alternate Route Study – Council District 5 ($30,000);
funds shall be provided from General Obligation Bonds, Capital Projects Fund –
Fund Balance and/or Other Sources (Contingency Relief) ($30,000).}
Re: Comm. 897
Intr. by: Mr. Safarik
st
1 Reading: June 5, 2006
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Holschuh – 1.
Bill 288: Amends Chapter 2, Article 6 and Article 16, of the Hawai‘i County Code 1983
(2005 Edition, as Amended), Relating to Mileage Reimbursement Rates for Duly
Authorized Volunteer Police and Fire Personnel. {Proposal reflects a consistent
reimbursement rate amongst all County employees and duly authorized volunteer
police and fire personnel. Mileage reimbursements rates shall be prescribed by, and
subject to, requirements set forth in Section 2-101(b) or by negotiated contracts of
bargaining units.}
Re: Comm. 905
Intr. by: Ms. Isbell
st
1 Reading: June 5, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Holschuh – 1.
Bill 293: 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
PUBLIC WORKS: Construction, Maintenance, and Repair of County Roads –
State ($2,000,000); funds shall be provided from State Grants Receivable
($2,000,000). Funds would cover the costs of construction, maintenance, and repair
of County roads.}
Re: Comm. 911
Intr. by: Ms. Isbell
st
1 Reading: June 5, 2006
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
ND
PASSED 2 & FINAL 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-39 Page 15 June 21, 2006
Bill 294: 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 State
Grants – Greetings Program ($175,000); appropriates same to Greetings Program.
Funds would be used to plan, develop, and operate the Department of Research and
Development’s Greetings Program, which is intended to provide services to enhance
the experience of arriving and/or departing island visitors.}
Re: Comm. 917
Intr. by: Ms. Isbell
st
1 Reading: June 5, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Holschuh – 1.
REPORTS
PC-75 Recommends approval of the nomination of Mr. Alvin Rho (Council District 8) to
(Comm. 891): the Planning Commission.
APPROVED
PC-76 Recommends approval of the nomination of Mr. Darren M. Ah Chong to the Puna
(Comm. 912): District Community Development Plan Steering Committee (CDPSC).
APPROVED
PC-77 Recommends approval of the nomination of Mr. Eddie Alonzo to the CDPSC.
(Comm. 912): APPROVED
PC-78 Recommends approval of the nomination of Ms. Stephanie Bath to the CDPSC.
(Comm. 912): APPROVED
PC-79 Recommends approval of the nomination of Mr. W. Gregory Braun to the CDPSC.
(Comm. 912): APPROVED
PC-80 Recommends approval of the nomination of Ms. Barbara M. Lively to the CDPSC.
(Comm. 912): APPROVED
PC-81 Recommends approval of the nomination of Ms. B. Martha Lockwood to the
(Comm. 912): CDPSC.
APPROVED
PC-82 Recommends approval of the nomination of Mr. Jon A. Olson to the CDPSC.
(Comm. 912): APPROVED
PC-83 Recommends approval of the nomination of Ms. Shirley M. Pedro to the CDPSC.
(Comm. 912): APPROVED
PC-84 Recommends approval of the nomination of Mr. Alan S. Rudo to the CDPSC.
(Comm. 912): APPROVED
Hawai‘i County Council-39 Page 16 June 21, 2006
PC-85 Recommends approval of the nomination of Ms. Kim D. Tavares to the CDPSC.
(Comm. 912): APPROVED
PC-86 Recommends approval of the nomination of Mr. Frederick R. Warshauer to the
(Comm. 912): CDPSC.
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 TO JULY 7, 2006, COUNCIL MEETING
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
THURSDAY, JULY 6, 2006
COMMITTEES TBA COUNCIL ROOM
FRIDAY, JULY 7, 2006
COUNCIL 9:00 a.m. COUNCIL ROOM
TUESDAY, JULY 18, 2006
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, JULY 19, 2006
COUNCIL 9:00 a.m. COUNCIL ROOM
Hawai‘i County Council-39 Page 17 June 21, 2006
MONDAY, JULY 31, 2006
COMMITTEES TBA COUNCIL ROOM
TUESDAY, AUGUST 1, 2006
COUNCIL 9:00 a.m. COUNCIL ROOM
ADJOURNMENT 3:32 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 June 19, 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.
Submitting Testimony: Those persons wishing to testify must register with the Council/Clerk’s staff. Those
sixteen (16)
testifying in person and submitting written testimony should bring copies of the testimony for
distribution at the meeting. Those persons unable to testify in person 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
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) Wednesday, June 28, 2006, at 6 p.m.; Sunday,
July 2, 2006, at 10:30 a.m.; and Wednesday, July 5, 2006, at 6 p.m.
(Hawai‘i Tribune Herald – June 18, 2006)
(West Hawai‘i Today – June 18, 2006)