HomeMy WebLinkAboutAGE COUNCIL 11/15/2006 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
49 th Session
ORDER OF BUSINESS
Hawai‘i County Council
333 Kīlauea Avenue
(Ben Franklin Building)
Second Floor, Council Room
Hilo, Hawai‘i
Wednesday, November 15, 2006
9:00 a.m.
INVOCATION Reverend Bob Thompson of Puna Congregational Christian Church
CALL TO ORDER 9:06 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-49 Page 2 November 15, 2006
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS
Comm. 1190: 2007 HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE
PACKAGE.
From HSAC Alternate Vice Chair James Y. Arakaki, dated November 1, 2006,
requesting approval of the proposed 2007 HSAC Legislative Package, relating to
the following proposals: 1) requiring a state agency to indemnify a county if
receiving from the county any assistance, services, rights, or permission to use
county property; 2) repealing the sunset dates on three state statutes providing
certain liability to the state and counties, as listed; and 3) transferring fines and
forfeitures from uncontested traffic infractions to the counties.
Waived: PWIRC
APPROVED
ORDER OF RESOLUTIONS
Res. 454-06: Accepts the Dedication of Real Property from Keiki Aina 1, LLC, Identified as
Being a Portion of Tax Map Key:(3)2-4-012-008, Situate at Waiākea Homesteads,
First Series, Waiākea, District of South Hilo, Island, County and State of Hawai‘i.
{Containing an area of 86 square feet, the property would be used for road widening
purposes.}
Re: Comm. 1066
Intr. by: Mr. Ikeda
Approve: PWIRC-53
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-49 Page 3 November 15, 2006
Res. 464-06: Urges the United States Congress and the Federal Communications Commission to
Address Public Interests and Community Needs for Local Media, Including News,
Access, and Ownership. {Supports Hawai‘i’s unique telecommunication needs by
supporting local broadcast, cable, print, satellite media, and future local news and
information applications.}
Re: Comm. 1080
Intr. by: Mr. Jacobson
Approve: PWIRC-54
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: Council Member Safarik - 1.
ABSENT & EXCUSED:None.
Res. 467-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $2,500 out and from Clerk-Council Services – Contingency
Relief account; credits same to Civil Defense Agency Other Current Expense
(Miscellaneous Contract Services). Discretionary funds from District 5 would be
used to purchase equipment, including two-way radios, bullhorns, emergency vests,
flashlights, and beacons, for the Hawaiian Paradise Park Emergency Notification
and Evacuation Team.}
Re: Comm. 1092
Intr. by: Mr. Safarik
Approve: FC-351
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 484-06 Authorizes the Sale of Tax Map Key:(3)7-6-013:017 as a Remnant Parcel. {The
(Draft 2): County acquired the parcel in 1969 for the proposed Kailua Fire Station site;
however, in 1973, the County constructed a new Kailua Fire station on Palani Road
and no longer has plans to utilize this lot for any of its programs.}
Re: Comm. 1120.2
Intr. by: Ms. Isbell
Approve: FC-363
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-49 Page 4 November 15, 2006
Res. 491-06: Authorizes the Acceptance of a Monetary Gift of Eighty Thousand Two Hundred
Six Dollars ($80,206) from the Daniel R. Sayre Memorial Fund to the Hawai‘i
County Fire Department. {Funds would be used towards the purchase of rescue
vehicles and associated equipment that will aid in rescue services around the
island.}
Re: Comm. 1132
Intr. by: Ms. Isbell
Approve: FC-353
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Jacobson - 1.
Res. 492-06: Authorizes the Receipt and Expenditure of State Funding Appropriated by the State
Legislature Pursuant to Act 281, Session Laws of Hawai‘i 2006, for Non-School
Hour Programs for Children and Youth. {Funds would be used by the Recreation
Division of the Parks and Recreation Department for Spring Intersession programs
in communities where 50% or more of the school students are eligible for free or
reduced lunch and for Tour the Island Sports Clinics and camping trips in each of
the five recreational districts: South Hilo, Hāmākua/North Hilo/Rural South Hilo,
North/South Kohala, Kona, and Puna/Ka‘ū.}
Re: Comm. 1134
Intr. by: Ms. Isbell
Approve: FC-355
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Jacobson - 1.
Res. 494-06: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawai‘i Department of Defense, State Civil Defense, Pursuant to HRS 46-7, for the
FY 2006 Homeland Security Grant Program. {Funds would be used for the
continued development of three programs: 1) State Homeland Security Program,
2) Law Enforcement Terrorism Prevention Program, and 3) Citizen Corps
Program.}
Re: Comm. 1141
Intr. by: Ms. Isbell
Approve: FC-357
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Jacobson - 1.
Hawai‘i County Council-49 Page 5 November 15, 2006
Res. 495-06: Authorizes the Mayor to Enter Into an Agreement with the State’s Wireless
Enhanced 911 Board for the Appropriation and Reimbursement of Funds for
Enhanced 911 Services for Wireless Communications. {Provides reimbursement
for funds expended toward the reasonable costs to lease, purchase, or maintain all
necessary equipment, including hardware, software, and database provisioning,
required to provide technical functionality for Wireless Enhanced 911 Services.}
Re: Comm. 1143
Intr. by: Ms. Isbell
Approve: FC-360
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Jacobson - 1.
Res. 498-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $7,500 out and from Clerk-Council Services – Contingency
Relief account; credits same to Department of Parks and Recreation, Recreation
Division Equipment (Skeet Range Equipment). Discretionary funds from District 1
would be used to replace three Wobble PAT Trap machines and one generator for
the Parks and Recreation Department’s Trap and Skeet Range.}
Re: Comm. 1149
Intr. by: Mr. Holschuh
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Jacobson - 1.
Res. 499-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $7,500 out and from Clerk-Council Services – Contingency
Relief account; credits same to Department of Research and Development Tourism
Promotion (Waipi‘o Park Ranger Pilot Program). Discretionary funds from
District 1 would be used towards supplemental funding for the Waipi‘o Park Ranger
Pilot Program to procure signage, brochures, and other educational materials.}
Re: Comm. 1150
Intr. by: Mr. Holschuh
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Jacobson - 1.
Hawai‘i County Council-49 Page 6 November 15, 2006
Res. 500-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency
Relief account; credits same to Department of Parks and Recreation Culture and
Arts Other Current Expense – Miscellaneous Contract Services (Ho‘okani Pila).
Discretionary funds from District 1 would be used to help defray the cost for
Ho‘okani Pila to participate in the 2007 ‘Ukulele Festival on O‘ahu.}
Re: Comm. 1151
Intr. by: Mr. Holschuh
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 501-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency
Relief account; credits same to Office of Aging Area Plan on Aging Miscellaneous
Contract Services – Special Aging Grants (Hāmākua Eldercare Project).
Discretionary funds from District 1 would be used towards the continued planning
process of the Hāmākua Eldercare Resource Center, via the Office of Aging.}
Re: Comm. 1152
Intr. by: Mr. Holschuh
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 502-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $7,500 out and from Clerk-Council Services – Contingency
Relief account; credits same to Hawai‘i County Fire Department Fire Protection
Other Current Expense Miscellaneous Charges (Project Lifesaver, Pilot Program).
Discretionary funds from District 1 would be used towards funding a pilot program
for Project Lifesaver (search and rescue technology to assist in locating missing
persons) to be implemented by the Fire Department.}
Re: Comm. 1153
Intr. by: Mr. Holschuh
Waived: FC
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-49 Page 7 November 15, 2006
Res. 503-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $6,000 out and from Clerk-Council Services – Contingency
Relief account; credits same to Transfer to Capital Project Fund-General (to be
allotted to New Street Light Installation). Discretionary funds from District 1 would
be used towards funding three streetlights in District 1 (two installed along the
Waipi‘o Valley Access Road at the discretion of the Traffic Division, Department of
Public Works, and one at Pole Number 381 along the Old Māmalahoa Highway in
‘O‘ōkala).}
Re: Comm. 1154
Intr. by: Mr. Holschuh
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 504-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency
Relief account; credits same to Planning Department, Planning Other Current
Expense – Miscellaneous Contract Services (Hawai‘i Island Land Trust).
Discretionary funds from District 7 would be used as a grant towards Hawai‘i Island
Land Trust to start up new office operations.}
Re: Comm. 1158
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.
Hawai‘i County Council-49 Page 8 November 15, 2006
Res. 505-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $7,800 out and from Clerk-Council Services – Contingency
Relief account; credits same to Department of Parks and Recreation – Elderly
Activities Division (EAD) Recreation Other Current Expense, Miscellaneous
Charges (EAD Equipment). Discretionary funds from District 3 would be used to
purchase miscellaneous equipment for the EAD to be used at the Kamanā Senior
Center and East Hawai‘i senior events.}
Re: Comm. 1159
Intr. by: Mr. Arakaki
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 506-06: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal
Year for a Multi-Year Lease of Real Property for the Office of the County Council
and Office of the County Clerk. {Extends the current 12-month lease with BF Hilo
Partners for 6,871 square feet of office space into a five-year extension agreement to
coincide with the lease agreement dates for the Legislative Research Branch and the
Reprographic Division approved under Resolution 460-06. This resolution would
supersede Resolution 188-05.}
Re: Comm. 1160
Intr. by: Mr. Higa
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 508-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $7,500 out and from Clerk-Council Services – Contingency
Relief account; credits same to Department of Parks and Recreation, Recreation
Division Equipment (Skeet Range Equipment). Discretionary funds from District 4
would be used to help cover the costs to replace three trap machines and one
generator at the Trap and Skeet Range in Hilo.}
Re: Comm. 1164
Intr. by: Mr. Higa
Waived: FC
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-49 Page 9 November 15, 2006
Res. 509-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $6,500 out and from Clerk-Council Services – Contingency
Relief account; credits same to Department of Parks and Recreation – Elderly
Activities Division (EAD) Recreation Equipment (EAD Equipment). Discretionary
funds from District 4 would be used to purchase miscellaneous equipment for the
EAD to be used at the Kamanā Senior Center and East Hawai‘i senior events.}
Re: Comm. 1165
Intr. by: Mr. Higa
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 510-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $9,000 out and from Clerk-Council Services – Contingency
Relief account; credits same to Prosecuting Attorney’s Office Kona Prosecuting
Attorney Other Current Expense, Miscellaneous Contract Services (Konawaena
High School – Athletic Division). Discretionary funds from District 7 would be
used as a grant towards Konawaena High School – Athletic Division (Football
Program).}
Re: Comm. 1166
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. 511-06: Authorizes the Director of Finance to Negotiate a License with the Roman Catholic
Church in the State of Hawai‘i dba Office for Social Ministry, for the Purpose of
Providing Services to Homeless Persons with Terms to Include a Duration of Five
Years at a Set Rental of $10.00 Per Year. {Facility located at 74-5595 Pawai Place,
Kona, Hawai‘i.}
Re: Comm. 1167
Intr. by: Mr. Ikeda
Approve: CHA – October 31, 2006
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-49 Page 10 November 15, 2006
Res. 512-06: Accepts the Donation of Lot 3D (old Hakalau mill site) of the Hakalau Estates
Subdivision, Situate at Hakalau Nui, District of South Hilo, County and State of
Hawai‘i, Identified as Tax Map Key:(3)2-9-002:080, from Continental Pacific,
LLC. {Property contains an area of 3.182 acres, more of less, and would be a
long-term recreational asset to the County.}
Re: Comm. 1169
Intr. by: Mr. Holschuh
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 513 -06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $20,000 out and from Clerk-Council Services –
Contingency Relief account; credits same to Department of Research and
Development Tourism Promotion (Waipi‘o Park Ranger Pilot Program – Year
Two). Discretionary funds from District 1 would be used towards a second-year
extension of the Waipi‘o Park Ranger Pilot Program.}
Re: Comm. 1170
Intr. by: Mr. Holschuh
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 514-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $4,500 out and from Clerk-Council Services – Contingency
Relief account; credits same to Department of Parks and Recreation, Recreation
Division Equipment (Shipman Gym Scoreboard). Discretionary funds from
District 3 would be used to purchase a new scoreboard for Shipman Gym.}
Re: Comm. 1171
Intr. by: Mr. Arakaki
Waived: FC
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-49 Page 11 November 15, 2006
Res. 515-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency
Relief account; credits same to Transfer to Highway Fund (Street Light-Pearl
Street). Discretionary funds from District 6 would be used towards the installation
of a streetlight on Pearl Street in the Mauna Loa Estates Subdivision.}
Re: Comm. 1172
Intr. by: Mr. Jacobson
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 524-06: Designates Hawai‘i Island Visitors Bureau (HIVB) as the Intended Recipient of
Appropriated Funds in the Department of Research and Development’s Tourism
Promotion Account. {Ordinance 06-79 intended to designate $550,000 to HIVB,
but the Department of Finance, Purchasing Division, determined that this ordinance
did not specify HIVB as the recipient, therefore, this resolution rectifies this
situation.}
Re: Comm. 1186
Intr. by: Mr. Higa
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 525-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $7,500 out and from Clerk-Council Services – Contingency
Relief account; credits same to Department of Parks and Recreation, Recreation
Division Equipment (Skeet Range Equipment). Discretionary funds from District 2
would be used towards the replacement of three trap machines and one generator at
the Trap and Skeet Range in Hilo.}
Re: Comm. 1187
Intr. by: Mr. Ikeda
Waived: FC
ADOPTED:
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-49 Page 12 November 15, 2006
Res. 526-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $8,700 out and from Clerk-Council Services – Contingency
Relief account; credits to the following: Department of Parks and Recreation
Elderly Activities Division Recreation Other Current Expense ($5,985) and
Department of Parks and Recreation Elderly Activities Division Recreation
Equipment ($2,715), for a total of $8,700. Discretionary funds from District 2
would be used towards the purchase of miscellaneous equipment, which would be
used at the Kamanā Senior Center, Pōmaika‘i Senior Center, and for East Hawai‘i
Senior Events.}
Re: Comm. 1188
Intr. by: Mr. Ikeda
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 527-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency
Relief account; credits same to Department of Research and Development – New
Industry and Industry Development (Third Annual Kea‘au Christmas Light Parade).
Discretionary funds from District 3 would be used as a grant to help cover the
marketing costs for the Third Annual Kea‘au Christmas Light Parade, to be held on
Saturday, December 9, 2006.}
Re: Comm. 1189
Intr. by: Mr. Arakaki
Waived: FC
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
Hawai‘i County Council-49 Page 13 November 15, 2006
BILLS FOR ORDINANCES (FIRST READING)
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, June 21, and
October 31, 2006
Public Hearing to be Held: November 9, 2006
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Holschuh, Ikeda, Safarik, and
Chair Higa – 5.
NOES: Council Members Hoffmann, Isbell, Jacobson, and
Pilago – 4.
ABSENT & EXCUSED:None.
(Note: There is a pending motion by Mr. Pilago and duly
seconded by Ms. Isbell to approve Bill 251, Draft 2.)
;and
Comm. 766.1: From Adele DeCuyper, dated June 20, 2006; 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; and
Comm. 766.20: From Stanford S. Carr, Managing Member, Stanford Carr Development, LLC, dated
June 14, 2006; and
Comm. 766.21: From Richard A. Wheelock, SCD Kona 108 LLC, dated August 29, 2006; and
Comm. 766.22: From Richard A. Wheelock, SCD Kona 108 LLC, dated October 18, 2006; and
Comm. 766.23: From Michael Flaherty, dated October 30, 2006; and
Comm. 766.24: From Bill Van Horn, dated October 30, 2006; and
Hawai‘i County Council-49 Page 14 November 15, 2006
Comm. 766.25: From Faith Faye Hayes, dated October 29, 2006; and
Comm. 766.26: From Adele DeCuyper and Michael Flaherty, dated October 30, 2006; and
Comm. 766.27: From Stanford Carr, dated June 2006.
Bill 300: Amends Chapter 14 of the Hawai‘i County Code 1983 (2005 Edition), as Amended,
General Welfare. {Policy objectives are: 1) no alcohol in any County parks and
recreation facility without a permit; 2) permit for alcohol only at a limited number
of narrowly defined sites; and 3) permit for alcohol only during one time period
(12 p.m. to 10 p.m.).}
Re: Comm. 936
Intr. by: Mr. Jacobson
Approve: PSPRC-30
Postponed: July 19, 2006
Public Hearings Held: August 21 and September 20, 2006
MOTION TO APPROVE FAILED DUE TO THE FOLLOWING VOTE:
AYES: Council Members Hoffmann, Isbell, Jacobson, and
Pilago – 4.
NOES: Council Members Arakaki, Holschuh, Ikeda, Safarik, and
Chair Higa – 5.
ABSENT & EXCUSED:None.
;and
Comm. 936.3: From Janice Palma-Glennie, dated June 25, 2006; and
Comm. 936.4: From Mayor Harry Kim, dated July 11, 2006; and
Comm. 936.5: From Members of the Kohala Coalition Against Drugs, dated July 17, 2005; and
Comm. 936.6: From Ginger Towle, Kona Crime Prevention, Inc., dated July 19, 2006; and
Comm. 936.7: From Michael Reimer, dated July 16, 2006; and
Comm. 936.8: From Parks and Recreation Director Patricia Engelhard and Deputy Director
Pam Mizuno, dated August 17, 2006; and
Comm. 936.9: From Rosalind Canite, dated August 30, 2006; and
Comm. 936.10: From Prosecuting Attorney Jay T. Kimura, undated; and
Comm. 936.11: From Dan Lindsay, dated July 28, 2006; and
Comm. 936.12: From Richard Hoeflinger, dated August 20, 2006; and
Comm. 936.13: From Mayor Harry Kim, dated August 21, 2006; and
Comm. 936.14: From Erma Yamada, undated; and
Comm. 936.15: From Travis Santiago, dated July 3, 2006; and
Comm. 936.16: Handout entitled, “Alcohol Ban at County Parks and Recreational Facilities,”
undated; and
Comm. 936.17: Handout entitled, “Costs and Consequences Your Choices,” submitted by
Lilian Beaufrere, undated; and
Comm. 936.18: From Alfred G. Santos, Sr., dated September 10, 2006; and
Comm. 936.19: From Faith Rossman, RN, MN, dated September 19, 2006; and
Comm. 936.20: From Diane Stone Leaf and Dr. Theodore N. Leaf, dated September 15, 2006; and
Comm. 936.21: From Parley and Sandra Tajon, undated; and
Comm. 936.22: From Alfred G. Santos, Sr., dated August 21, 2006; and
Comm. 936.23: From Ginger Towle, dated September 19, 2006; and
Comm. 936.24: From Ann Cassidy, dated October 4, 2006; and
Comm. 936.25: From Felicity Johnson, dated October 4, 2006; and
Hawai‘i County Council-49 Page 15 November 15, 2006
Comm. 936.26: From Gayle Keller, dated October 10, 2006; and
Comm. 936.27: From Gail Elizares, dated October 12, 2006; and
Comm. 936.28: From Bea Larson, President, Leleiwi Community Association, dated October 30,
2006.
Bill 302: Amends Section 25-8-6 (Kailua-Honalo Urban Zone Map), Article 8, Chapter 25
(Zoning Code) of the Hawai‘i County Code, by Changing the District Classification
from Single Family Residential – 7,500 Square Feet (RS-7.5) to Village
st
Commercial – 7,500 Square Feet (CV-7.5) at Kawanui 1, North Kona, Hawai‘i,
Covered by Tax Map Key 7-9-3:61 (approx. 25,580 square feet). {Jack and
Barbara Umphrey, Applicants.}
Re: Comm. 950
Intr. by: Mr. Pilago
Negative: PC-101
MOTION TO APPROVE FAILED DUE TO THE FOLLOWING VOTE:
AYES: Council Members Arakaki, Holschuh, and Safarik – 3.
NOES: Council Members Hoffmann, Ikeda, Isbell, Jacobson,
Pilago, and Chair Higa – 6.
ABSENT & EXCUSED:None.
;and
Comm. 950.1: From Stephen J. Menezes, Attorney at Law, dated August 5, 2006.
Bill 305 Amends Section 25-8-33 (City of Hilo 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 Single Family Residential – 10,000 Square Feet (RS-10) to
Multiple Family Residential – 2,500 Square Feet (RM-2.5) at Waiakea, South Hilo,
Hawai‘i, Covered by Tax Map Key 2-2-36:102 and 103 (approx. 67,500 square
feet). {Ivan Mochida, Applicant.}
Re: Comm. 953.12
Intr. by: Mr. Pilago (B/R)
Negative: PC-119 (due to 4-ayes and 5-noes)
Postponed: October 31, 2006
Public Hearing to be Held: November 14, 2006
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Holschuh, Isbell, Safarik, and
Chair Higa – 5.
NOES: Council Members Hoffmann, Ikeda, Jacobson, and
Pilago – 4.
ABSENT & EXCUSED:None.
(Note: There is a pending motion by Mr. Pilago and duly
seconded by Ms. Isbell to approve Bill 305, Draft 2.)
;and
Comm. 953.13: From Planning Director Christopher J. Yuen, dated October 25, 2006; and
Comm. 953.14: From Sidney M. Fuke, Planning Consultant, dated October 30, 2006; and
Comm. 953.15: From Patricia Saito Toyama, dated October 31, 2006; and
Comm. 953.16: From Victoria Saito Abe, dated October 31, 2006.
Hawai‘i County Council-49 Page 16 November 15, 2006
Bill 339: 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 6-2-11:20 (approx.
5.003 acres). {James and Madeleine T. Budde, Applicants.}
Re: Comm. 1081
Intr. by: Mr. Pilago
Approve: PC-120
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 340: 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 Acres (A-5a) to Residential and
Agricultural – 2 Acres (RA-2a) at Ouli, South Kohala, Hawai‘i, Covered by Tax
Map Key 6-2-11:20 (approx. 5.003 acres). {James and Madeleine T. Budde,
Applicants.}
Re: Comm. 1081
Intr. by: Mr. Pilago
Approve: PC-121
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 342 Amends Section 25-8-33 (City of Hilo 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 Single Family Residential – 10,000 Square Feet (RS-10) to
Multiple Family Residential – 1,000 Square Feet (RM-1) at Waiakea, South Hilo,
Hawai‘i, Covered by Tax Map Key 2-2-26:24 (approx. 21,780 square feet).
{Allan Takase, M.D., Applicant.}
Re: Comm. 1097.1
Intr. by: Mr. Pilago (B/R)
Approve: PC-122
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-49 Page 17 November 15, 2006
Bill 344: Repeals Ordinance No. 96 81 Which Amended Section 25-114 (City of Hilo Zone
Map), Article 3, Chapter 25 (Zoning Code) of the Hawai‘i County Code, by
Changing the District Classification from Agricultural (A-3a) to Single Family
Residential (RS-10) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key
2-4-80:15 (Formerly 2-4-3:Portion of 4) (approx. 1.952 acres). {Jon Mitsuda,
Applicant.}
Re: Comm. 1101
Intr. by: Mr. Pilago
Approve: PC-123
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 350: 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
Contribution from Private Source ($30,206); appropriates same to Rescue
Equipment – Private.}
Re: Comm. 1132
Intr. by: Ms. Isbell
Approve: FC-354
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 351: Amends Chapter 15, Article 7, of the Hawai‘i County Code 1983 (2005 Edition),
Relating to the Veterans Advisory Committee. {Amendments relate to the
following: clarifies that in addition to 16 members there are two ex-officio
members without the power to vote (Section 15-61); includes the entire island when
filling vacancies to the Military Order of the Purple Heart and designates a slot to
Korean War Veterans and reduces the number of “independent” slots from four to
three (Section 15-62(b)); and removes language relating to two ex-officio members
as it is now included in Section 15-61 – Organization (Section 15-62(f)).}
Re: Comm. 1133
Intr. by: Mr. Jacobson
Approve: PSPRC-39
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-49 Page 18 November 15, 2006
Bill 352: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in
Non-School Hour Programs ($52,000); appropriates same to Non-School Hour
Programs.}
Re: Comm. 1134
Intr. by: Ms. Isbell
Approve: FC-356
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.
Bill 354: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in the
following: Federal Grants – State Homeland Security Program ($800,000), Federal
Grants – Law Enforcement Terrorism Prevention Program ($300,000), and Federal
Grants – Citizen Corps Program ($38,582), for a total of $1,138,582; appropriates to
the following: State Homeland Security Program Fiscal Year 2006 ($800,000), Law
Enforcement Terrorism Prevention Program Fiscal Year 2006 ($300,000), and
Citizen Corps Program Fiscal Year 2006 ($38,582), for a total of $1,138,582.}
Re: Comm. 1141
Intr. by: Ms. Isbell
Approve: FC-358
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.
Bill 355: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2007. {Appropriates and decreases
revenues in the following: Increase Federal Grants – Hawai‘i County Police
Department (HCPD) Traffic Investigation Program ($20,560) and decreases Federal
Grants – Traffic Training and Equipment $\[12,560\], for a total of $8,000;
appropriates same to HCPD Traffic Investigation Program. Funds would be used to
reduce the number of alcohol related fatalities and injuries, increase public
awareness, and provide a constant deterrence against drunk driving.}
Re: Comm. 1142
Intr. by: Ms. Isbell
Approve: FC-359
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-49 Page 19 November 15, 2006
Bill 356: Amends Ordinance No. 06-79, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2007. {Appropriates revenues in
Wireless E911 System ($350,000); appropriates same to Wireless E911 System.}
Re: Comm. 1143
Intr. by: Ms. Isbell
Approve: FC-361
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 357: Amends Chapter 24, Article 10, Division 8, Section 24-293, Schedule 41, Hawai‘i
County Code 1983 (2005 Edition, as Amended), Regarding Vehicles and Traffic, to
Restrict the Use of the Waipi‘o Valley Access Road to Four-Wheel Drive Vehicles.
{References to “all wheel” drive has been changed to “four-wheel” drive.}
Re: Comm. 1144
Intr. by: Mr. Holschuh
Approve: PWIRC-55
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 358 Authorizes the Issuance of General Obligation Bonds of the County of Hawai‘i for
(Draft 2): the Purpose of Funding All or a Portion of the Costs of Various Improvement
Projects and Refunding Certain Outstanding Debt Obligations of the County; Fixing
the Form, Denominations, and Certain Other Details of Such Bonds and Providing
for Their Sale to the Public; and Authorizing the Taking of Other Actions Relating
to the Issuance and Sale of the Bonds and the Retirement of the Obligations to be
Refunded. {Authorizes the issuance of up to $75 million in general obligation
bonds and also requests authorization to issue bonds in an amount not to exceed
$35 million for the purpose of refunding bonds that were issued at higher interest
rates. Attaches “Exhibit A” containing an explanation of each project
(West Hawai‘i Civic Center, County Building Repairs, La‘i‘opua Connector Road,
and AOA Compliance); and “Exhibits B and C,” which are debt service
worksheets.}
Re: Comm. 1145.1
Intr. by: Ms. Isbell
Approve: FC-362
2/3 Vote: Section 47-5, Hawai‘i Revised Statutes
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa – 8.
NOES: Council Member Safarik - 1.
ABSENT & EXCUSED:None.
Hawai‘i County Council-49 Page 20 November 15, 2006
Bill 361: 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 Transfer
from General Fund ($50,000); appropriates same to Traffic Division Equipment
(District 2 - $30,000; District 3 - $20,000). Resolution 489-06 submitted by
District 2 Council Member Donald Ikeda would be used towards costs related to the
installation of “Smart Signs”; and Resolution 493-06 submitted by District 3
Council Member James Arakaki would be used towards the purchase of two “Smart
Signs.”}
Re: Comm. 1185
Intr. by: Mr. Ikeda
Waived: FC
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 362: Amends Chapter 24 of the Hawai‘i County Code 1983 (2005 Edition, as Amended)
Relating to Vehicles and Traffic. {Amendments relate to proposed parking
prohibition, time limit parking, and freight loading zone on Kīlauea Avenue,
Wilson Street, and Derby Lane.}
Re: Comm. 1191
Intr. by: Mr. Higa
Waived: PWIRC
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-49 Page 21 November 15, 2006
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 258 Amends Chapter 4 of the Hawai‘i County Code 1983 (2005 Edition, as Amended),
(Draft 3): Relating to Animals. {Repeals Chapter 4, Animals, Hawai‘i County Code, in its
entirety and establishes a new chapter relating to Animals. Replicates Chapter 7,
Animals and Fowl, of the Revised Ordinances of Honolulu with a few minor
adjustments. Contains provisions relating to the following: cockfighting and
related equipment, animal nuisances, dog licenses, regulation of dogs, public spay
and neuter clinic for dogs and cats, cat identification program, and regulation of
dangerous dogs. Also includes provisions regarding licensed obedience trial,
tracking, and show dogs, sterilization of cats and dogs, strict enforcement of strays,
and regulation of noisy animals (not just dogs). Draft 3 contains amendments that
received a favorable vote at the Council’s October 31, 2006, meeting and the
ramseyered text appears in Communication 798.14.}
Re: Comm. 798.14
Intr. by: Mr. Holschuh
st
1 Reading: October 31, 2006
AMENDED TO DRAFT 4 & POSTPONED TO THE NOVEMBER 29, 2006,
COUNCIL MEETING
AYES: Council Members Arakaki, Hoffmann, Holschuh, Isbell,
Jacobson, Pilago, and Safarik – 7.
NOES: None.
ABSENT & EXCUSED:Council Member Ikeda and Chair Higa - 2.
;and
Comm. 798.15: From Council Member Fred C. Holschuh, M.D., dated November 2, 2006,
amending Section 5, proposing an effective date of March 11, 2007.
Bill 309 Planning Director Initiated – Amends the Hawai‘i County General Plan, as Adopted
(Draft 4): by Ordinance No. 05 25. {Proposed amendments are to the text, policies, courses of
action, Land Use Pattern Allocation Guide (LUPAG) Map, and Facilities Map.
Specific amendments may be found in Draft 4.}
Re: Comm. 964.48
Intr. by: Mr. Pilago
st
1 Reading: August 23, 2006
Postponed: September 7, 2006
Public Hearing Held: October 24, 2006
PUBLIC HEARING TO BE HELD NOVEMBER 24, 2006, AND POSTPONED
TO THE NOVEMBER 29, 2006, COUNCIL MEETING
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
;and
Comm. 964.49: From Peter T. Young, Chairperson, State Department of Land and Natural
Resources, dated September 1, 2006; and
Comm. 964.50: From Esta Marshall, dated September 5, 2006; and
Comm. 964.51: From Tim Lui-Kwan, Carlsmith Ball LLP, dated August 25, 2006; and
Hawai‘i County Council-49 Page 22 November 15, 2006
Comm. 964.52: From Ambika Kosada, Spokesperson, Kealakekua Bay Watershed Advisory
Council, dated September 4, 2006; and
Comm. 964.53: From Micah A. Kane, Chairman, Hawaiian Homes Commission, dated
September 7, 2006; and
Comm. 964.54: From Michael W. Gibson, Manager, Captain Cook Ranch LLC, dated August 29,
2006; and
Comm. 964.55: From Lillian Fox, dated September 3, 2006; and
Comm. 964.56: From Chuck Flaherty, dated September 4, 2006; and
Comm. 964.57: From Dore Dokos-Loewenthal, dated September 6, 2006; and
Comm. 964.58: From Pari Kosada, dated September 6, 2006; and
Comm. 964.59: From Josephine Keliipio, dated September 7, 2006; and
Comm. 964.60: From Isaac D. Harp, dated September 6, 2006; and
Comm. 964.61: From Charles Flaherty, dated September 6, 2006; and
Comm. 964.62: From Zelma J. Osborne, First American Title Company, Inc., undated; and
Comm. 964.63: From Gretchen Ana Currie, dated September 6, 2006; and
Comm. 964.64: From Ru Carley, dated September 6, 2006; and
Comm. 964.65: From Sally Marone, dated September 6, 2006; and
Comm. 964.66: From Janice Palma-Glennie, Moku Loa Group of the Sierra Club, dated
September 6, 2006; and
Comm. 964.67: From Margaret Wille, Attorney at Law, dated September 7, 2006; and
Comm. 964.68: From Gordana Leonard, dated September 7, 2006; and
Comm. 964.69: From Ambika Kosada, Kealakekua Bay Watershed Advisory Council, dated
September 7, 2006; and
Comm. 964.70: From Kristina Browne and Robert Critchfield, dated October 23, 2006; and
Comm. 964.71: From Benjamin Prichard, undated; and
Comm. 964.72: From Nedrra Lanakila, dated October 23, 2006; and
Comm. 964.73: From Daerick Lanakila, dated October 23, 2006; and
Comm. 964.74: From Gwendolyn Jones, dated October 23, 2006; and
Comm. 964.75: From Francene Hart, dated October 23, 2006; and
Comm. 964.76: From Thomas Butler, dated October 23, 2006; and
Comm. 964.77: From André Bradford Noguès, Director of Operations, The Resonance Project
Foundation, dated October 23, 2006; and
Comm. 964.78: From Dvorah Henderson, Sunny Langstraat, and Eva Vonkruedner, dated
October 23, 2006; and
Comm. 964.79: From Dana Maria Mitchell, dated October 23, 2006; and
Comm. 964.80: From Alexandria and Fred Dosher, dated October 24, 2006; and
Comm. 964.81: From Dore Dokos-Loewenthal, dated October 24, 2006; and
Comm. 964.82: From Harold Murata, dated October 24, 2006; and
Comm. 964.83: From Shikwan Sung, dated October 24, 2006; and
Comm. 964.84: From Jo-Anne Kahanamoku Sterling, dated October 24, 2006; and
Comm. 964.85: From Fred Duerr, dated October 24, 2006; and
Comm. 964.86: From Thomas Hilliard, dated October 24, 2006; and
Comm. 964.87: From Marshall Lefferts, dated October 23, 2006; and
Comm. 964.88: From Frank (Tom) Patton, dated October 22, 2006; and
Comm. 964.89: From Alice M. Sherer, dated October 21, 2006; and
Comm. 964.90: From Kristin Lambert, dated October 22, 2006; and
Comm. 964.91: From Cynthia Walsh, dated October 22, 2006; and
Comm. 964.92: From Susan Rose Brotman, dated October 22, 2006; and
Comm. 964.93: From Robert and Mary Dahlager, dated October 22, 2006; and
Comm. 964.94: From Kathryn G. Rawle, dated October 22, 2006; and
Comm. 964.95: From Pete Peraya, dated October 21, 2006; and
Hawai‘i County Council-49 Page 23 November 15, 2006
Comm. 964.96: From Robert Flatt, dated October 21, 2006; and
Comm. 964.97: From David Tarnas, Marine and Coastal Solutions International, Inc., Planning
Consultant to Jacoby Development, Inc., dated October 24, 2006; and
Comm. 964.98: From Rick Gaffney, undated; and
Comm. 964.99: From Dore Dokos-Loewenthal, dated October 24, 2006; and
Comm. 964.100: From Esta Marshall, dated October 23, 2006; and
Comm. 964.101: From Linda and William Horgan, dated October 23, 2006; and
Comm. 964.102: From Sally Hammond, dated October 23, 2006; and
Comm. 964.103: From Patricia McCarver, dated October 23, 2006; and
Comm. 964.104: From Ray Anders, dated October 23, 2006; and
Comm. 964.105: From Cory Harden, dated October 23, 2006; and
Comm. 964.106: From Claudia Brown, dated October 23, 2006; and
Comm. 964.107: From Lianne Ichishita, dated October 23, 2006; and
Comm. 964.108: From Nancy Ginter-Miller and Mark R. Miller, dated October 23, 2006; and
Comm. 964.109: From Nancee Cline, dated October 23, 2006; and
Comm. 964.110: From Ernst Langstraat, dated October 23, 2006; and
Comm. 964.111: From Peter T. Young, Chairperson, Board of Land and Natural Resources, dated
October 20, 2006; and
Comm. 964.112: From Micah A. Kane, Chairman, Hawaiian Homes Commission, dated October 24,
2006; and
Comm. 964.113: From Kara Bernarda, dated October 23, 2006; and
Comm. 964.114: From Hart Phillips, dated October 23, 2006; and
Comm. 964.115: From Keith Keffer, undated; and
Comm. 964.116: From Esta Marshall, dated October 23, 2006; and
Comm. 964.117: From George I. and Joan E. Prater, dated October 23, 2006; and
Comm. 964.118: From Bobby Dudley, dated October 23, 2006; and
Comm. 964.119: From Nan Dudley, dated October 23, 2006; and
Comm. 964.120: From Tim Clark, dated October 23, 2006; and
Comm. 964.121: From Martha Simpson, dated October 23, 2006; and
Comm. 964.122: From Teresa Collins, dated October 23, 2006; and
Comm. 964.123: From Dave Benavides-MBA, Information Technology Business Consultant, IQ
Consulting Resources, Inc., dated October 23, 2006; and
Comm. 964.124: From Nancy Benavides, RA, Coldwell Banker Aloha Properties, dated October 23,
2006; and
Comm. 964.125: From Chuck Gallison and Nina R. Garcia, dated October 22, 2006; and
Comm. 964.126: From Ed Geer, dated October 22, 2006; and
Comm. 964.127: From Mary Beth Hilburn, dated October 22, 2006; and
Comm. 964.128: From Christina Pettersen, dated October 22, 2006; and
Comm. 964.129: From Marshall Blann, dated October 23, 2006; and
Comm. 964.130: From Josephine Keliipio, dated October 24, 2006; and
Comm. 964.131: From Micah A. Kane, Chairman, Hawaiian Homes Commission, dated October 24,
2006; and
Comm. 964.132: From Stan and Kitty Lyons, dated October 29, 2006.
Hawai‘i County Council-49 Page 24 November 15, 2006
Bill 330: 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
Environmental Management Department Administration Charges ($117,192);
appropriates to the following: Environmental Management Salaries and Wages
($104,922), Environmental Management Other Current Expense ($3,270), and
Environmental Management Equipment ($9,000), for a total of $117,192.}
Re: Comm. 1038
Intr. by: Ms. Isbell
Postponed: September 20, 2006 and October 16, 2006
st
1 Reading: October 31, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, and Pilago – 7.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik and Chair Higa – 2.
Bill 332: 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 – 10,000 Square Feet (RS-10) to
General Commercial – 20,000 Square Feet (CG-20) at Waiakea, South Hilo,
Hawai‘i, Covered by Tax Map Key 2-2-28:31 (approx. 33,803 square feet).
{Association of Apartment Owners of Lanikaula Professional Center, Applicant.}
Re: Comm. 1045
Intr. by: Mr. Pilago
st
1 Reading: October 31, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, and
Pilago – 5.
NOES: Council Member Jacobson – 1.
ABSENT & EXCUSED:Council Members Hoffmann, Safarik, and Chair Higa – 3.
Bill 333: Amends Ordinance No. 98 98, Which Reclassified Lands from Single Family
Residential – 10,000 Square Feet (RS-10) to Industrial Commercial Mixed – 20,000
Square Feet (MCX-20) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key
2-2-037:029; Request: Time Extension to Conditions B and C. {Seawind Holding,
Inc., Applicant.}
Re: Comm. 1046
Intr. by: Mr. Pilago
st
1 Reading: October 31, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell,
Jacobson, and Pilago – 6.
NOES: None.
ABSENT & EXCUSED:Council Members Hoffmann, Safarik, and Chair Higa – 3.
Hawai‘i County Council-49 Page 25 November 15, 2006
Bill 334 Amends Section 25-8-33 (City of Hilo 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 Single-Family Residential – 10,000 Square Feet (RS-10) to
Industrial-Commercial Mixed – 20,000 Square Feet (MCX-20) at Waiakea, South
Hilo, Hawai‘i, Covered by Tax Map Key 2-2-35:63 (approx. 21,050 square feet).
{James Ishii, Applicant.}
Re: Comm. 1047.1
Intr. by: Mr. Pilago (B/R)
st
1 Reading: October 31, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, and Pilago – 7.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik and Chair Higa – 2.
Bill 335: 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 – 10,000 Square Feet (RS-10) to
Industrial-Commercial Mixed – 20,000 Square Feet (MCX-20) at Waiakea, South
Hilo, Hawai‘i, Covered by Tax Map Key 2-2-36:64 (approx. 22,900 square feet).
{NST Development, LLC, Applicant.}
Re: Comm. 1048
Intr. by: Mr. Pilago
st
1 Reading: October 31, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, and Pilago – 7.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik and Higa – 2.
Bill 341: Amends Chapter 19 of the Hawai‘i County Code 1983 (2005 Edition), Real
Property Taxes, Relating to Home Exemptions. {Allows homeowners to rent a
portion of their home as residential rental and remain in the homeowner class
retaining their homeowner’s exemption.}
Re: Comm. 1096
Intr. by: Ms. Isbell (B/R)
st
1 Reading: October 31, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, and Pilago – 7.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik and Higa – 2.
Hawai‘i County Council-49 Page 26 November 15, 2006
Bill 343: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. Adds PUBLIC
WORKS: Traffic Signs and Markings for Road Safety Improvements Islandwide
($600,000); funds shall be provided from Highway Fund-Fund Balance and/or
Other Sources ($600,000). {Requires installation of new signage and thermoplastic
reflective markings due to new projects such as Safety Improvement Projects,
redesign of existing roadway geometrics, and pavement resurfacing.}
Re: Comm. 1098
Intr. by: Ms. Isbell
st
1 Reading: October 31, 2006
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, and Pilago – 7.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik and Higa – 2.
Bill 347 Names a County Recreational Facility (TMK:(3)7-5-018:020) Pursuant to
(Draft 2): Chapter 15, Hawai‘i County Code 1983 (2005 Edition). {Designates the name
“Wai‘aha Beach Park”, located along Ali‘i Drive, Kailua-Kona.}
Re: Comm. 1106.1
Intr. by: Mr. Jacobson
st
1 Reading: October 31, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, and Pilago – 7.
NOES: None.
ABSENT & EXCUSED:Council Member Safarik and Higa – 2.
Bill 353: Amends Ordinance No. 06-80, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. Adds PARKS
AND RECREATION: Honoli‘i Gulch Property Acquisition ($2,000,000); funds
shall be provided from General Obligation Bonds, Capital Projects Fund-Fund
Balance and/or Other Sources ($2,000,000). {Acquisition of the property would
enhance Honoli‘i Beach Park by expanding recreational activities (canoeing, paddle
boarding, fishing, expansion of trails along the river, and the creation of an
educational center geared towards introducing children to the natural and positive
values of the land).}
Re: Comm. 1140
Intr. by: Mr. Higa
st
1 Reading: October 31, 2006
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, Safarik, Pilago, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
;and
Hawai‘i County Council-49 Page 27 November 15, 2006
Comm. 1140.1: From Council Chair Stacy K. Higa, dated November 1, 2006, transmitting a revised
Project Data/Financial Impact Statement.
REPORTS
FC-352 Recommends approval of the nomination of Mr. William Gilmartin (Council
(Comm. 1129): District 6) to the Public Access, Open Space and Natural Resources Preservation
Commission.
APPROVED
EMC-12 Recommends approval of the nomination of Ms. Paulette V. Pavao (Council
(Comm. 1135): District 3) to the Environmental Management Commission
APPROVED
;and
Comm. 1135.1: From Corporation Counsel Lincoln S. T. Ashida, dated November 1, 2006.
PSPRC-38 Recommends approval of the nominations of Mr. Stephen P. Bowles (Council
(Comm. 1128): District 1) and Mr. Bill Rosehill (Council District 7) to the Fire Commission.
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. 535.2: RUSSELL VS. COUNTY OF HAWAI‘I, CIVIL NO. 97-01102 SPK
From Deputy Corporation Counsel Joseph K. Kamelamela, dated November 2,
2006.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 1177: HAWAIIAN TELCOM, INC. V. COUNTY OF HAWAI‘I, ET AL.; CIVIL
NO. 3RC06-1-286
From Deputy Corporation Counsel Harry P. Freitas, dated October 31, 2006.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 1178: NAOMI M. RINGER, ET AL. V COUNTY OF HAWAI‘I; CIVIL
NO. 05-1-0018K
From Deputy Corporation Counsel Harry P. Freitas, dated October 31, 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-49 Page 28 November 15, 2006
ANNOUNCEMENTS
FRIDAY, NOVEMBER 24, 2006
COUNCIL PUBLIC 6:30 p.m. SHERATON KEAUHOU
HEARING RE: BILL 309, BAY RESORT & SPA
DRAFT 4 (GENERAL
PLAN AMENDMENTS)
TUESDAY, NOVEMBER 28, 2006
COMMITTEES TBA COUNCIL ROOM – HILO
333 Kīlauea Avenue
Ben Franklin Building
Second Floor
WEDNESDAY, NOVEMBER 29, 2006
COUNCIL 9:00 a.m. COUNCIL ROOM – HILO
333 Kīlauea Avenue
Ben Franklin Building
Second Floor
MONDAY, DECEMBER 4, 2006
COUNCIL – SINE DIE 10:00 a.m. COUNCIL ROOM – HILO
333 Kīlauea Avenue
Ben Franklin Building
Second Floor
COUNCIL – NEW 3:00 p.m. COUNCIL ROOM – HILO
333 Kīlauea Avenue
Ben Franklin Building
Second Floor
ADJOURNMENT 8:47 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 13, 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 333 Kīlauea Avenue,
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.
Hawai‘i County Council-49 Page 29 November 15, 2006
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
seventeen (17)
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 25 Aupuni Street, Hilo, Hawai‘i 96720, (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,
333 Kīlauea Avenue, Hilo, Hawai‘i 96720.
Government Access Television: Channel 52 (Hilo and Kona) Wednesday, November 22, 2006, at 6 p.m.;
Sunday, November 26, 2006, at 10:30 a.m.; and Wednesday, November 29, 2006, at 6 p.m.
(Hawai‘i Tribune Herald – November 12, 2006)
(West Hawai‘i Today – November 13, 2006)