HomeMy WebLinkAboutMIN COUNCIL 2005_04_20 2004-2006REGULAR SESSION
HAWAII COUNTY COUNCIL
TENTH SESSION
Hilo, Hawaii
April 20, 2005
INVOCATION:Pastor Ed Nakamoto gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order by
ORDER:Chairman and Presiding Officer Stacy K. Higa, at 9:05 a.m., in the Council
Room, Hawaii County Building.
ROLL CALL:
Present:Council Member James Y. Arakaki
Council Member Pete Hoffinann
Council Member Fred C. Holschuh, M. D.
Council Member Donald Ikeda
Council Member Virginia Isbell
Council Member Bob Jacobson
Council Member K. Angel Pilago
Council Chairman Stacy K. Higa
Absent & Excuse:Council Member Gary Safarik
Also Present:Harry Kim, Mayor (came in later)
Connie Kiriu, County Clerk
Alfred Robello, Executive Assistant to the Council Chair
Christopher J. Yuen, Director, Planning Department (came in later)
Earlanne Shintani, Council Aide III
Valerie Victorine, Admin. Asst. to the Leg. Aud., Ofc. of the Leg. Aud.
came in later)
Arlene Waugh, Leg. Info. and Reference Tech., Ofc. of the County Clerk
Edwin Taira, Administrator, Office of Housing and Community Development
Mitchell Roth, Deputy Pros. Atty., Ofc. of the Pros. Atty.
Martha Rodillas, Private Secretary, Ofc. of the Corp. Counsel
William Gray, Purchasing Agent, Finance Dept. (came in later)
Elroy Osorio, Jr., Assistant Chief, Police Department
Dexter Veriato, Sergeant, Police Department
Nelson Ho, Deputy Director, Environmental Management Dept (came in later)
Patricia Engelhard, Director, Parks and Recreation Department (came in later)
Hawaii County Council -10 April 20, 2005
Ivan Torigoe, Dep. Corp. Counsel, Ofc. of the Corp. Counsel (came in later)
Lono Tyson, Operations Division Chief, Environmental Management Dept. (came
in later)
Michael Kagami, Dep. Pros. Attorney, Ofc. of the Prosecuting Attorney
Barbara Bell, Director, Environmental Management Dept. (came in later)
Bruce McClure, Director, Public Works Department (came in later)
Karen Eoff, Council Aide III (via videoconference)
Jay Kimura, Pros. Atty., Ofc. of the Pros. Atty. (came in later)
Lincoln Ashida, Corp. Counsel, Ofc. of the Corp. Counsel (came in later)
Michael Udovic, Dep. Corp. Counsel, Ofc. of the Corp. Counsel (came in later)
Megan Mitchell, Council Leg. Asst. (via videoconference)
Glynis Yamada, Council Services Supervisor
Donna Lynn Leonard, Council Services Assistant II
Kay Nishibayashi, Accountant IV, Police Department
CHR. HIGA: At this time, by request, we have I'm looking in the audience.
We have many celebrities in the audience today. So, by request, I'm going to ask
former Councilman Curtis Tyler, who's sitting in the back there, if he'd come up
here and lead at the podium please lead the Council in the pledge of
allegiance.
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE:Allegiance.
At this time, Mr. Curtis Tyler, former Council Member,
led the Council in the Pledge of Allegiance.)
MR. TYLER: Thank you for that honor, Mr. Chairman.
CHR. HIGA: Thank you, Mr. Tyler.
APPROVAL The Chair directed the Council to proceed to the next order of business,
OF MINiJTES:Approval of Minutes.
CHR. HIGA: At this time, I'd like to entertain a motion for the approval of the
minutes of March 151, 2005.
Ms. Isbell moved to approve the minutes of March 1, 2005.
Seconded by Mr. Holschuh.
CHR. HIGA: Any discussion?
MR. HOLSCHUH: One typo, which I'l] bring to the staff~ut of that whole
bunch of minutes. Terrific minutes, as usual. Thank you, Mr. Chairman.
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Hawaii County Council - 10 April 20, 2005
CHR. HIGA: Thank you, Mr. Holschuh. Any more discussion? If not, al] those
in favor signify by saying "aye".
The voice vote, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Motion is carried. Okay. At this time we need to go to the
Addendum. Correct?
MS. ISBELL: Yeah.
MS. KIRIU: Yes. That's correct.
CHR. HIGA: Okay. Do we do the petitions first?
PETITIONS,The Chair directed the Council to proceed to the next order of business,
MEMORIALS,Petitions, Memorials, Communications, Certificates of Merit and
COMMUNI-Expressions of Condolence.
CATIONS,
CERTIFICATES
OF MERIT AND
EXPRESSIONS OF
CONDOLENCE:
CHR. HIGA: We're going to do the petitions.
MS. KIRK: We can do we have any?
CHR. HIGA: Do we have any petitions today?
MS. KIRIU: Or certificates?
CHR. HIGA: No petitions? Okay. At this time, though, I would like to
recognize from our Sister City-from Ikaho-Mr. Hiroshi Shibata. Could you
please come up and just be recognized? From the Boazd of-he's the Board of
Education in our Sister City from Japan. Welcome, Mr. Shibata.
Amy, you want to say a few words? If not, he can just (inaudible). We're happy
to have you here.
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Hawaii County Council - 10 Apri] 20, 2005
MR. IKEDA: And interpret for him.
MR. SHH3ATA: Ohio gozaimasu. Good morning.
MR. ARAKAKI: Good morning.
MR. IKEDA: Good morning.
MR. HOLSCHUH: Good morning.
MR. SHH3ATA: (Mr. Shibata addressed the Council and spoke in the Japanese
language, which we are unable to translate and transcribe.)
Note: Ms. Amy Awiyagi served as the interpreter for Mr. Shibata.)
MS. AWIYAGI: I'm here today. He's been here since yesterday for the purpose
of the Sister City relationship with Ikaho. He visited Waiakea School yesterday
and, for that reason, he came to prepare the schedule for their visitation
August 14th to the 20th.
CHR. HIGA: Thank you. Thank you and welcome. And would you please come
through and meet all the Council Members?
MS. AWIYAGL• Thank you very much. I need to take him to the airport
inaudible). He'll be back with us (inaudible).
CHR. HIGA: Thank you, Amy Awiyagi. Thank you.
MR. ARAKAKI: Thank you.
CHR. HIGA: Before we move on to the Addendum, at this time I want to
welcome our Kona office. Aloha, Megan.
MS. MITCHELL: Good morning, Chairman Higa.
CHR HIGA: We're going to go through, first, an addendum. Okay.
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Hawai' i County Council - 10 April 20, 2005
ADDENDUM:
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Communication 1.12.
PUBLIC ON
COMM. 1.12:
COMM. 1.12 Appointment of Mr. William E. Smith as Deputy County Clerk. From
WAIVED - FC):County Clerk Constance R. Kiriu, dated April 13, 2005, transmitting for
Council's approval the appointment of Mr. William E. Smith to the position
of Deputy County Clerk effective May 1, 2005; and
COMM. 1.13:From Lincoln S. T. Ashida, dated April 15, 2005.
CHR. HIGA: Okay. This time we going take some statements. First on the
agenda here is Mr. Michael Udovic? Am I pronouncing that correct?
MICHAEL The Chair called on Mr. Michael Udovic, who made the following statement
UDOVIC:regarding Communication l .12:
MR. UDOVIC: Good morning, Chairman Higa. My name is Michael Udovic.
I'm with the
CHR. RIGA: Could you use the microphone, please? Thank you.
MR. UDOVIC: I'm with the Department of Corporation Counsel at this time.
I've had the opportunity to work with Bill Smith since 1992. I was working in the
Prosecutor's Office for about six months when he came on board. Since that
time, he and I both worked on very, very many cases together-worked on very
complex issues. I had the opportunity to supervise Bill for a short period of time
in that office. And during that period of time he has probably exhibited one of the
most thorough and detailed analysis of various issues that I've seen.
The-one of the faults I think that Bill has, quite frankly, is that the County's
electric bill is going to increase as a result of his presence there because he's the
only person in the County when I worked for the Prosecutor's Office- who
amved at the office before I did. I got there about 6:30 and he'd already been
there for an hour working, usually. So you're going to see an increase in the
electric consumption. But, other than that, I think you're going to be very, very
satisfied with his work, and with his presence, and it's going to benefit not only
this Council and the County as a whole, but all of the citizens of the Island of
Hawaii. Thank you.
CHR. HIGA: Thank you. Thank you very much. Our next speaker will be
Mr. Mitch Roth.
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Hawaii County Council - 10 April 20, 2005
MITCH ROTH:The Chair called on Mr. Mitch Roth, who made the following statement
regarding Communication 1.12:
MR. ROTH: Good morning, Chairman Higa, and the rest of the Members of the
County Council.
MR. PILAGO: Good morning.
MR. ROTH: Thank you very much for allowing me to come and speak in favor
of Mr. Smith. I've, also, had the opportunity to work with Bill for the last seven
years and, fortunately, my door is a couple of doors down. I guess, on behalf of
the Prosecutor's Office, we'd like to thank you for taking our electric bill from
5:30 in the morning.
But, Bill is an interesting person. He has a rough exterior-a "tough as nails"
prosecutor. But, for those who know him- and you can see most of these people
are here on his behalf they all know that he has a heart of gold and he will be a
great addition to the County over at the Clerk's Office. So, thank you very much.
CHR. HIGA: Thank you, Mr. Roth. Megan, do you have any statements on that
side for Mr. Smith?
MS. MITCHELL: Chairman Higa, we have no people here to testify this
morning--so far.
CHR. HIGA: Thank you. Our next speaker will be Betsy Mitchell.
BETSY MITCHELL: The Chair called on Ms. Betsy Mitchell, who made the following statement
regarding Communication 1.12:
MS. MITCHELL: Good morning. It's a pleasure to be here, particularly, for this
reason. I've known Bill Smith for over IS years. I've been in Volcano for 25.
And 1 learned very quickly that if you're going to get anything done and make it
work, you sometimes have to have expert advice. And we went to Bill for that.
He never failed us. He was always there when we needed him-easy to work
with--and we got much accomplished. As everyone knows, Volcano is a special
place. So I do hope that this appointment will be approved. Thank you.
CHR. RIGA: Thank you, Ms. Mitchell. Our next speaker will be Rick Castbert.
RICK CASTBERT: The Chair called on Mr. Rick Castbert, who made the following statement
regarding Communication 1.12:
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Hawaii County Council - 10 April 20, 2005
MR. CASTBERT: Chairman Higa, Council Members, thank you for the
opportunity to talk. My name is Rick Castbert. I am a Political Scientist at UH
Hilo- -been there for about 31 years.
I've known Bill for about five years and the way I got to know him was through a
grant from the Office of Youth Services. I needed to know as much possible, in a
short period of time, about the juvenile justice process-and everybody pointed
me toward Bill. I learned a great deal from Bill. Bill's a very thorough
individual. He put together a manual on the juvenile justice process that was
invaluable to me in the work that I did for the Office of Youth Services. And,
since then, I've worked with Bill in several committees in the Prosecutor's Office
with the Youth Builder's Program.
As pointed out by others, Bill is a gruff exterior but a heart of gold. He's very
thorough, very comprehensive, incorruptible, and I think he will be a great
addition to your staff. Thank you.
CHR. HIGA: Thank you. Our next speaker will be Coco Pierson.
COCO PIERSON:The Chair called on Mr. Coco Pierson, who made the following statement
regarding Communication 1.12:
MR. PIERSON: Mr. Chair, Members of the County Council, my name is
Coco Pierson and it's not a pleasure to be here. I would rather be at work. But I
am very grateful that the law allows me to be here. Laws are very important.
Mr. William Smith knows that.
Mr. William Smith used his position to be an apologist for the Police Commission
when the Police Commission by their own admission had behaved
improperly. And it was on record in "Executive Session" to reach consensus by
admission in writing. When this information was taken to the Prosecutor's
Office, what did we get from William Smith, the apologist for the Police
Commission? Oh, just a poor choice of words. Consensus. This was a shameful
thing. If this is integrity and uncorruptibility, I don't see it happening with
William Smith.
Donald Abdul was the person who was quoted as the person admitting to
consensus in an "Executive Session". Does anyone remember Donald Abdul and
the people who voted along with him to put Wayne Carvalho in office Chief of
Police? How much are we paying for that? Well, when a Board and Commission
can get away with this type of behavior and is not held accountable by the body
that's supposed to be enforcing the laws, then we can expect to pay lots of money.
Let's move on to the persecution of Mr. Pranke. He could not be here today to fill
in the details. Maybe William Smith can fill it in, if you ask him. There was no
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Hawaii County Council - 10 Apri] 20, 2005
evidence to suggest that he had trespassed. In fact, the evidence indicated
otherwise. In spite of that, charges were brought against Del Pranke and it was
they were brought in such a way that he did not have benefit of a jury. It didn't
go anywhere except to tangle up Mr. Pranke. William Smith knows about it
because he would not talk to Del Pranke. So this is fair? This is even treatment?
Please ask William Smith about this. Thank you.
CHR. HIGA: Thank you, Mr. Pierson. Last speaker will be~kay I'm going
to need some help with this one-Kazen~on't know if that's a "g" or a "y".
Karen. You can help me with your last name when you come to the microphone.
KAREN R. SHIOJI: The Chair called on Ms. Karen R. Shioji, who made the following statement
regarding Communication 1.12 (SEE COMM. 1.18):
MS. SHIOJL "Shioji."
CHR. HIGA: Oh, "Shioji". Okay. Thank you.
MS. SHIOJL Hi, Council Chairman, Council Members. I'm Karen Shioji. I'm a
probation officer with District Court. I've been there for the past 22 years. I have
known Mr. Smith for at least 12. In my experience with him, he has been a very,
very capable prosecuting attorney. He is very honorable and forthright. As stated
several times earlier, he has a hard exterior but he has a heart of gold-and that is
the truth.
Many times people may misconstrue laws and procedures maintained by office
staff as personal vendettas, but Mr. Smith does not do any of that. And I would
strongly urge you to confirm him as County Clerk. Thank you.
CHR. RIGA: Thank you, Ms. Shioji. Any more statements on the appointment
of Mr. Bill Smith? If not, the Clerk already read the motion. Can I have a motion
to file Communication 1.12 and approve the appointment of Mr. William Smith?
Ms. Isbell moved to approve the appointment of
Mr. William E. Smith as Deputy County Clerk. Seconded
by Mr. Pilago.
CHR. HIGA: Do you have any discussion? Mr. Jacobson.
MR..TACOBSON: Mr. Smith, could you come up and answer a couple of
questions? ['m sure that a few of us may have some.
At this time, Mr. William E. Smith, Nominee, came
forward to address the Council Members.)
Page 8
Hawaii County Council - 10 April 20, 2005
MR. JACOBSON: Thanks for coming in here and considering taking the job.
Just having heard Coco Pierson, I'm left with a couple more questions. Are you
able to elaborate anything more on what was just said regarding the Police
Commission consensus procedures and Mr. Pranke's trespassing charges? I
clearly remember the incident with Mr. Pranke because I remember viewing some
of the videos themselves. But take your time and explain what you are able to.
MR. SMITH: It's been a while but I'll try and reach back. With regard to the
trespassing charge-
CHR. HIGA: Speak a little bit more into the microphone, please. Thaiilc you.
MR. SMITH: Oh, sorry. With regard to the trespassing charge, that was not a
case that was assigned to me. I had nothing to do with that. So 1 can't provide
you anything more than that.
With regard to the Police Commission, as I recall, Mr. Pranke did file a
complaint, of sorts, with the Prosecutor's Office and I met with him and I met
with Members of the Police Commission. At that time, I advised them if I recall
correctly--on the procedures that they needed to follow with regard to the
Sunshine Law. I pointed out to them they needed to have Che minutes published
on time, they needed to have those be able to be distributed to the public,
including to Mr. Pranke, and that, basically, it was my opinion and the opinion I
gave to Mr. Pranke at that time-that there, basically, was no conspiracy on the
part of the Police Commission to withhold this information. That, if anything, it
was a matter of their timing, or lack of timing as the case maybe. And, to the
best of my knowledge, after I had spoken to the Chairperson at that time advised
her oit how to proceed that there was no further problems that I was aware of.
If there was a request for me to prosecute a Member or Members of the Police
Commission for a violation of the Sunshine Law, I could fairly say I declined to
do that because I didn't think it was appropriate. And, as a Deputy Prosecuting
Attorney, my basic position is-I don't put my signature on a complaint for adults
or a petition for juveniles unless, at the time, I sign it, I genuinely feel that I can
prove a criminal charge beyond a reasonable doubt--and I did not view that I
could do that. And that's it.
MR. JACOBSON: Okay. Thank you very much for your forthright answers.
MR. SMITH: No problem.
MR..IACOBSON: That's all.
CHR. HIGA: Mr. Arakaki.
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Hawaii County Council - 10 April 20, 2005
MR. ARAKAKI: Thank you, Mr. Chairman. I never had a chance the chance
to sit down and talk to you, Mr. Smith. I may have met you in passing but
MR. SMITH: We've met at Family Court, sir.
MR. ARAKAKI: We did in Family Court?
MR. SMITH: You popped in one day to watch Judge Gaddis's courtroom.
MR. ARAKAKI: Okay. But I didn't formally sit down with you
MR. SMITH: Right.
MR. ARAKAKI: And talk to you about this job. And I'm sorry I didn't do that.
Would you tell us how-what you envision this job to be-Deputy County Clerk?
See, because I never talked to you and 1 don't know what the others discussed
with you in a meeting.
MR. SMITH: Well, my well, part of my envision and I'm still trying to get
the whole vision because I have a stack of documents that Connie has been giving
me each time I come to her office to read but, obviously--
CHR. RIGA: A little closer. Thank you.
MR. SMITH: I'm aware that the Deputy Clerk, in a sense, oversees the election
process and the election of workers in the County; works very closely with the
Chief Clerk of the County, Connie; and, in addition, aside from the little line at
the bottom of the agreement that says, "and all other tasks as assigned" in every
working relationship, working with the Members of the Council as well.
MR. ARAKAKI: Okay. I just want to let you know that all the calls I got were
very supportive of you.
MR. SMITH: Oh, thank you.
MR. ARAKAKL From the Prosecutor to Corporation Counsel and other people.
And 1 saw Russell Kokubun's letter (SEE COMM. 1.14) this morning in support
of you, which I think is a very good letter in support of you. He's your neighbor,
understand
MR. SMITH: Yes, he is.
MR. ARAKAKI: In Volcano. Close to Mrs. Mitchell.
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Hawaii County Council - 10 April 2Q 2005
MR. SMITH: I mow across his lawn and bug him on weekends when he's over
here.
MR ARAKAKL Okay. I just want to say that I think that I'd like to see the
duties of the Deputy County Clerk expanded a little more. The Charter says the
Clerk is the Elections Officer. So I'd like to see that remain the Clerk remains
the Elections Officer. I'd like to see the Deputy County Clerk take over the duties
of Council Services to make sure that bill writings and all the things that happen
in the operations side happens under the Deputy County Clerk because the Clerk
has other duties to dowerseeing all the operations. Because, under the new
plan, f understand, the Legislative Auditor will be doing auditing and won't be
doing a lot of the things that the last, previous Legislative Auditors used to do,
which was bill writing and administrative work.
So there's a void there and my feeling is the void should be filled by the Deputy
County Clerk. That's my feeling. I don't know about anybody else's feeling. I
hope I'll be discussing one-on-one to see how they feel about it. But I'm just
going say, out in the open, I think the Deputy County Clerk should manage the
Office of Council Services. And this is how they do it in many other counties
where they do have an Office of Council Services they don't have Deputy
County Clerks.
So we are a unique animal. I think we should change our way we do business and
just not let the Deputy County Clerk just handle elections-which was the
primary duties before because we have a very good Elections staff right now. So
that's my mana'o how I see the Deputy County Clerk operating as you expand
these duties under that little line "and all other things as required". Okay. Thank
you, Mr. Chairman.
CHR. HIGA: Thank you, Mr. Arakaki. Ms. Isbell.
MS. ISBELL: Thank you very much. Mr. Smith, I enjoyed very much
interviewing you last week and getting to know you a little better. I've also had
many, many calls and we've got stacks of letters here all supporting you. And,
as you recall, T mentioned to you that you could just about do anything, including
sitting where I'm sitting, I'm sure, doing a great job-much better even. But I
wanted to let you know that I think that you will be an excellent person to have
because of your skills and your background in law. And I have a whole stack of
things I'm just very anxious to give to you to start working on it. I'm just working
up to what I really want.
But, anyway, I have every faith in you. I think that your boss, the County Clerk
Connie Kiriu, will you will be a great asset to all of us. And I, frankly, look
forward to working with you and to let you know that I feel that you probably
most of the skills that everybody wishes they had and the experience that you
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Hawaii County Council - 10 April 20, 2005
bring with you over all the years you've worked in the Prosecuting Office, at
Corporation Counsel wherever it's been, it seems to me that-and the judge-I
mean, you look at his resume and he's done everything that's possible. So the
only thing you haven't done is gone paddling in a canoe with me. So, the next
time you're in Kona, we'll put that on your list.
Thank you very much and I appreciate your willingness to be here and I think
what Councilman Arakaki is saying makes a lot of good sense. And I believe that
you will work out just fine. Thank you.
MR. SMITH: Thank you.
CHR. HIGA: Dr. Holschuh.
MR. HOLSCHUH: Thank you, Mr. Chairman. Good morning, Mr. Smith. I
won't repeat all these accolades. I, too, read your resume in detail and I was
incredibly impressed with what you've done in the past. I, actually, was
wondering, with all these fine letters, if these guys wanted to get rid of you out of
the Prosecutor's Office but--maybe the electric bill was getting overbearing.
But, no I, too, enjoyed meeting with you and talking with you and I've been
incredibly impressed with the positive feedback I, too, have gotten and, hopefully,
with the vote here-we welcome you aboard. Thank you very much for your
willingness to serve. Thank you, Mr. Chairman.
MR. SMITH: Thank you.
CHR. RIGA: Thank you, Dr. Holschuh. Mr. Pilago.
MR. PILAGO: Thank you, Mr. Chair. Good morning, sir.
MR. SMITH: Good morning.
MR. PILAGO: You're at a very important juncture for this Council in that we're
looking to establish a new staff structure, begin defining additional and clarified
job duties for our staff, and also to underlie everything with strong expectations. I
see the Deputy County Clerk as supervising our Council Services staff. I see the
Deputy County Clerk as providing quality control towards our legislative output.
But what I would like to hear from you is what is your vision, as you think,
regarding your interface with this Council?
MR. SMITH: Well, I guess, simply put, my vision or to interface with the
Council to use your terms is to assist each Council Member to the best of my
ability to allow them to do their job to the best of their ability. And I think that
that really says it. You're representing the various communities on this island.
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Hawaii County Council - 10 April 20, 2005
Obviously, you all want to do a great job for your constituents, in particular, but
for the island as a whole. And I view my responsibility is to try and help you do
that to the best of my ability.
MR. P[LAGO: Thank you. Thank you for enabling our work to our constituents.
Thank you for helping, sir. Thank you, Mr. Chair.
CHR. HIGA: Thank you, Mr. Pilago. Mr. Hoffmann.
MR. HOFFMANN: Thank you, Mr. Chairman, and good morning, Mr. Smith.
MR. SMITH: Good morning, Councilman.
MR. HOFFMANN: You and I haven't had a chance to get to know each other,
but I didn't feel that was necessary after seeing the blizzard of paperwork that
came across my desk. You've killed two trees already before you've even gotten
started.
1, certainly, first of all, acknowledge and I extend to you my appreciation for your
being willing to take on this particular task. I look forward to working with you.
I trust that that will probably be in those in that category "of other duties as
assigned" and I'm sure that we'll find many opportunities in which to exchange
opinions and views as to how best to help us do our job for the people of the
County. Thank you, again, for being willing to serve.
MR. SMITH: Thank you.
CHR. HIGA: Thank you, Mr. Hoffmann. No more lights. But I'd like to make a
statement. Mr. Smith, the sentiments of my colleagues here are mine that I
think you have good support. I think our County Clerk has done a good job at
interviewing and looking going through the process. And your name, according
to her, kept on popping to the top.
So I want to just impress upon you that, as we go through our reorganization a
little bit~f the Council Services that's coming down, I believe you could do a
good job for us because I think you're well rounded. I think you're able to do
multi-tasks and I'm looking forward to you upgrading the services inside of our
County Council area here. So I just wanted to tell you that I support your
nomination today.
MR. SMITH: Thank you.
CHR. HIGA: No more discussion. Madam Clerk, would you please call the roll.
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Hawaii County Council - 10 April 20, 2005
The roll call vote, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Congratulations, Mr. Smith.
MR. SMITH: Thank you.
CHR. HIGH: And the first thing I'm going to tell you is this.
MR. SMITH: Okay.
CHR. HIGA: I'll take now that you're confirmed, I'll take a collection for him.
We'll buy some candles for your office so that we don't have to worry about the
light bill. Okay?
MR. SMITH: Thank you.
CHR. HIGA: I'm going to call for a short recess.
RECESS:At 9:35 a.m., the Chair called for a recess.
RECONVENE:The meeting reconvened at 9:38 a.m., with all Members present, with the
exception of Mr. Safarik.
CHR. HIGA: Connie Madam Clerk, are we going to go to Communication 206
first or are we going to "Statements From the Public"?
MS. KIRIU: We should probably go to Communication 206 unless there's any--
CHR. HIGA: Okay.
MS. KIRIU: Okay.
COMM. 206 Nomination of Dain P. Kane to the National Association of Counties (NACo)
WANED-PWIRC): Western Interstate Region (WIR) Board of Directors. From Council Member
Gary S. Safarik, dated April 4, 2005, nominating Dain P. Kane to serve on
NACo's Western Interstate Region Board of Directors.
Page 14
Hawaii County Council - 10 Apri] 2Q 2005
Mr. Ikeda moved for the approval of the nomination of
Dain P. Kane to the National Association of Counties
NACo) Western Interstate Region (WIR) Boazd of
Directors. Seconded by Mr. Pilago.
MR. TYLER: Mr. Chairman, is the public going to be able to speak on this? Or
are we going to have to wait until after the (inaudible)?
MS. KIRK: Okay. You should allow--yes. I'm sorry.
CHR. HIGA: Okay.
MS. KIRIU: I didn't realize it was (inaudible).
CHR. HIGA: Anyone who wants to speak on Communication 206 at this time
can come forwazd. Do you have any, Mr. Tyler?
MS. KIRIU: Or 207, probably, too.
MS. ISBELL: And 207.
CURTIS TYLER:The Chair called on Mr. Curtis Tyler, who made the following statement
regarding Communications 206 and 207:
MR. TYLER: I'm sorry to interrupt
CHR. RIGA: No, no. No problem.
MR. TYLER: You from the gallery, Mr. Chairman. I did sign up to speak on
both of these and I speak in favor of both of these. And I wanted to note, having
been a former officer of HSAC and, indeed, its President for one year and Vice
President for two years that I've worked directly with Mr. Kane. And I can
assure you that he is a man who brings a lot to the table in terms of the National
Association of Counties. And he has served there.
In particular, this is-as a result of the State of Hawaii or an-HSAC getting a
second seat at the table for the Western Interstate Regional Boazd of Directors,
which, if I understand it correctly, will now give us five seats at the table for
NACo-which is almost unheard of for a State of this size. And that goes to
show that the impact that this State has had on the NACo organization. And so, I
strongly urge you to approve this. I'm assuming you will.
And, second of all, with respect to the budget, those of you who might not have
looked at this budget closely, this budget parallels the--or the increases in here
parallel the travel expenses for the second member and it's nice to know there's
Page 15
Hawaii County Council - 10 Apri120, 2005
also a decrease in there. And then there's an opportunity for sponsorship, which
is something that your Board your HSAC Board has talked about for a number
of years. And they seem to be putting in effect. Thank you very much.
CHR. HIGA: Mr. Tyler-
MR. TYLER: I'm sorry to have interrupted.
CHR. RIGA: You might as well speak on 207 while you're there, too.
MR. TYLER I just did.
CHR. HIGA: Okay. 206 and 207?
MR. TYLER: Yes, sir.
CHR. HIGA: Thank you.
MR. TYLER: I spoke in favor of both of them. Tha~ilc you.
CHR. RIGA: Okay. Anyone else wish to speak on 206 or 207? Megan, anybody
wants to speak on 206 or 207?
MS. MITCHELL: No. We have someone that wants to speak on items later on
the agenda.
CHR. HIGA: Okay. All right. Thank you. Mr. Jacobson.
MR. JACOBSON: 1 have to concur with what Mr. Tyler said. I know
Dain Kane. He is very effective. I support his nomination-his service-
completely. Thank you.
CHR. HIGA: Thank you. No further discussion. Madam Clerk.
The roll call vote, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOF.S:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Okay. Communication 207.
Page 16
Hawaii County Council - 10 Apri] 2Q 2005
COMM. 207 Proposed Hawaii State Association of Counties (HSAC) FY 2005-2006
WAIVED-PWIRC): Annual Budget (Amended). From Council Member Gary S. Safarik, dated
Apri14, 2005, requesting approval of HSAC's FY 2005-2006 amended
Annual Budget. The amendment corrects the expenditure NACo
Miscellaneous account to $1,200 instead of $900.
Mr. [keda moved to approve the HSAC FY 2005-2006
amended Annual Budget. Seconded by Mr. Holschuh.
CHR. HIGA: Okay. Any discussion? No discussion. Madam Clerk.
The roll call vote, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa- 8.
NOF.S:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Okay. This time we're going to move to "Statements From the
Public on Items Listed on the Order of Business". Before we go into that, 1 want
tome of the Council-new things we're doing around here to help expedite
things-speakers are going to have three minutes to speak with aone-minute
summary. And our staff will be putting up cards to, basically, help you inform
you about where you're at during the process to, kind of, expedite. I love the
color-codedness of things here. They're very nice. I would have made it red.
Right?
ANNOUNCE-Oh--and I also want to announce, today, we going take things a little bit out
MENT:of the order here. At 11 a.m., by request, we're going to go into "Executive
Session"-it should be pretty quick-to accommodate the Mayor and his
staff. So we're going to move into "Executive Session" at 11 a.m. So I just
want to make that announcement. Okay.
First speaker today will be Mr. Steven Pavao on Bill 82 in support of Bill 82.
Mr. Pavao. And if 1 could ask the speakers to really speak into the microphone so
that we can comply with our ADA requirements.
STEVEN PAVAO: The Chair called on Mr. Steven Pavao, representing Boys and Girls Club,
who made the following statement regarding Bill 82:
MR. PAVAO: Thank you, Mr. Chair, and fellow Council Members. I don't want
to take up too much of your valuable time. I'm just here to speak in favor of the
County's Community Development Block Grant Budget which, as you voted
Page 17
Hawaii County Council - 10 April 20, 2005
before in the Action Plan in the County's Housing Office, some of the funds
would be used for the Boys and Girls Club just renovations here in Hilo. Thank
you, again.
CHR. HIGA: Thank you, Mr. Pavao. Any questions? Thank you. We're going
to go to Megan in Kona-your speaker.
MS. MITCHELL: Thank you, Chairman Higa. Our speaker on this side is
Elizabeth W. Meyerson. She is going to speak on two items on the agenda
Bill 48, which is in reference to the Queen Lili`uokalani Sewer; and Bill 53, the
acquisition of Honu`apo. Bi1148 Mrs. Meyerson will be representing the Queen
Lili`uokalani Village Community Association. And when she speaks on Bill 53,
she'll be speaking in a personal capacity.
CHR. HIGA: Thank you.
ELIZABETH W.The Chair called on Ms. Elizabeth W. Meyerson, Secretary, Queen
MEYERSON:Lili`uokalani Village Community Association (concerning Bill 48), who
made the following statement regarding Bill 48 and Bill 53, Draft 2:
MS. MEYERSON: 1 am Secretary to Queen Lili`uokalani Village Community
Association. I am representing the Association today as regards the gang sewer
situation in our community. Since we are already paying sewer bills-and have
for years we are very happy that we maybe getting something for our money.
We must meet Federal mandates. Our kulearza is to mdlama the `aina. If the
gang cesspools are not replaced, we are polluting the land. There is no other way
to describe it. [t's a mandate that we must do something or be fined. And we're
very happy that the Council, in its wisdom, will consider passing this bill.
As concerns Bill 53, I have always been for open land. I was a teacher of ecology
in High School. We did many projects to preserve lands. If we don't preserve
open space now, it will go away. We're seeing three-story buildings rising all
over the place shopping centers all over. You can't even see the ocean in most
places any more. All the residents who live here, whether they're future residents
or current residents, need places to play. It's known that for your health you need
to be able to play. [four recreational land is used up, it won't be there for that
purpose. Children need wide open spaces. It's very important that we provide
them today or they'll be gone tomorrow.
You can't wait to have money available when something comes up. You have to
go through the proposal process and, by then, developers with ready cash have
bought the land and built their buildings. So let's have the money available.
Let's provide that money and do our job for this generation and all of the future
generations. Thank you very much.
Page 18
Hawaii County Council 10 Apri12Q, 2005
CHR. HIGA: Thank you. Questions? Our next speaker will be Mr. Danny
Miller speaking on Bill 53 in support.
DANNY MILLER: The Chair called on Mr. Danny Miller, who made the following statement
regarding Bill 53, Draft 2 (SEE COMM. 156.23):
MR. MILLER: Ihave athree-minute video that I want to show.
CHR. HIGA: Okay.
MR. MILLER: It illustrates, basically, who enjoys the parkin Honu`apo.
CHR. HIGA: Okay. Thank you.
MR. MILLER: Can everyone see it now?
CHR. HIGA: Mr. Arakaki I don't think Mr. Arakaki can see.
MR. ARAKAKI: I'm fine.
CHR. HIGA: Now Mr. Jacobson has to struggle.
MR. JACOBSON: He's just opening the door.
MR. MILLER: How's that?
MR. ARAKAKI: I'm okay.
MR. HOLSCHUH: We can get up if you want to show it some more to the
crowd.
CHR. HIGA: Have to move the thing around.
Note: The video presentation contained no narrative, only music.)
CHR. HIGA: Mr. Miller, we have a question for you.
MR. MILLER: Yes.
CHR. HIGA: Dr. Holschuh.
MR. HOLSCHUH: Yeah. Thank you, Mr. Chairman. That was beautiful and
very touching. Was that just really filmed three days ago?
Page 19
Hawaii County Council - 10 April 20, 2005
MR. MILLER: Yeah. I was down on Sunday. We wanted to show footage of
how the community enjoys the area and how they use it and how access is so
important. And I was just really fortunate to be there the day that one of the monk
seals came into feed in the pond. It appeared that the seal was fishing and
feeding for fish. And I spoke to several fishermen and they said that they see the
seal there on rocks and resting and it's, definitely, a really important habitat for
the monk seals. So it's and the monk seal is endangered-on the Federal
endangered list and Honu`apo is critical to its survival.
MR. HOLSCHUH: Great pictures.
MR. MILLER: Thank you.
MR. HOLSCHUH: A priceless shot.
MR. MILLER: Thank you.
MR. HOLSCHUH: Thank you very much for sharing that with us.
MR. MILLER: Thank you.
MR. HOLSCHUH: Thank you, Mr. Chairman.
CHR. RIGA: Thank you. Any more questions? If not, thank you, Mr. Miller.
MR. MILLER: Thank you.
CHR. HIGA: Our next speaker will be Julia Neal on Bill 53 in support.
JULIA NEAL:The Chair called on Ms. Julia Neal, who made the following statement
regarding Bi1153, Draft 2:
MS. NEAL: When this was filmed on Sunday I started taking photos off the
footage and sending them around to marine biologists and so onto find out
more about the importance-or if there is an importance-of having Honu`apo as
a place for monk seals. And one of the things that I learned was that, in the
Northern Islands, where there are more monk seals, the weight of the juveniles
are is down in recent years and their survival rate has been dropping. And that
has something to do with a lot of the fishing that's been going on up there. And
so the survival rate of the ones-the few that are being born in the inhabited
Hawaiian Islands is, actually, higher and their weight is higher than in the
Northern Islands.
Page 20
Hawaii County Council - 10 April 2Q 2005
So as the seals are-there're areas set aside for them and there's more protected
places for them to go, it is going to help hav~help the survival of the monk seal
to have more places in the inhabited. We can't just depend on the Northern
Islands for that. So, thank you so much for supporting this.
CHR. HIGA: Thank you. Our next speaker will be Susan O'Neill speaking on
Resolution 65-05.
SUSAN O'NEILL:The Chair called on Ms. Susan O'Neill, who made the following statement
regarding Resolution 65-05:
MS. O'NEILL: Thank you-and good morning to all of the Council Members.
MR. P1LAG0: Good morning.
MS. O'NEILL: I chose 65-OS as the reason that I would come to the table because
it speaks to Hawaii Community Foundation and its support of many things in the
community -and that word "community" is extremely important.
I just want to say very, very briefly that deliberations yesterday, in the past, and in
the previous County Council have shown the commitment that Council Members
have to our community. And our community is human and animal and all the
flora and fauna and the ocean and the mountains. So what I want to say is that, as
the invocation Pastor said this morning, that it's true that there are challenges and
difficult times. But they do build chazacter and, with patience, we can, together,
move forward.
There are three words in my vocabulary these days about my own life, which I
very much see and hope for our Council in the deliberations that are coming. One
is "can do"--and I think that our Council can do for our community. The other
one is "be bold"-and that's something that I think is happening as well. The last
one is "have courage"-and it does take courage to take some stands that need to
be taken and to deliberate them in the public forum.
You have a responsibility to the island and that includes the people and the land.
And we're hearing about the land today and, as we talk about open space and all
the other issues, I know that you will do serious deliberation and make wise
decisions. The Hawaii Community Foundation does support so much in our
community and, for that reason, I use that reason to say these words. Thank you
very much.
CHR. HIGA: Thank you. Our next speaker will be Mr. Guy Enriques speaking
on Bill 53 in support.
Page 21
Hawaii County Council - 10 April 20, 2005
GUY ENRIOUES:The Chair called on Mr. Guy Enriques, who made the following statement
regarding Bill 53, Draft 2:
MR. ENRIOUES: Thank you very much. I want to echo that video we just saw.
I mean, to me, that-somebody said "touching". I mean, that's home to me. I
live out there been grow up there the whole deal. But, I think, I understand
that we voted earlier and I think it was pretty unanimous. But I want to be here
today to make sure that we continue that vote because being there and what I see
around me is a real estate that's just booming out there. It's incredible.
The real estate market out there is just wild. I mean, we've gone through the
Hester project, the Savio project. Ka`u is like a lamb with a bunch of lions
looking at it in terms of real estate. It's undeveloped, fee simple, and there for the
highest bidder. Pastor talked about "gift of wisdom" this morning and you have
shown that already by voting unanimously, almost, for passing this bill. It's for
all the reasons this lady just talked about, the monk seal, or the kids, whatever
but it is the last frontier.
Yesterday, I was out there fishing in some pretty rough water. But I got many
opportunities to look upand I fish from Apua Point, which is down where the
flows are, all the way to Punalu'u, which I harbor my boat down there but it is
the most beautiful piece of earth on the country in this State right now
untouched.
1f you were to drive 1 coach at Kamehameha so I drive in three times a week
now to work on myoff-season volleyball team. You drive home~nce you pass
Volcano there's not a light to be seen and it's beautiful. And there's some
nights out there you look up on the snowy capped mountains with the
moonlight -it's just unbelievable. And it's really up to you people.
And I know there'd be a lot of people here today but work cases-but, more
importantly, our local people have a hard time just sitting here doing what I'm
doing here today. So I know the words that I'm telling you are their words.
They'd love to see Ka`u stay Ka`u. And this bill is just a small step. But it is the
first step, `cause I know we've lost some with some of the development on the
hillside. We've lost some that we're not going to recover--I don't think. But
here's our first step, Gentlemen, and Ms. Isbell-this is our first step. I hope you
follow through on that for all the reasons that you've heard here today. Thank
you.
CHR. HIGA: Thank you, Mr. Enriques. Our next speaker will be
Frank Castagnetti speaking on Bill 53 also in support.
Page 22
Hawaii County Council - 10 April 20, 2005
FRANK The Chair called on Mr. Frank Castagnetti, who made the following
CASTAGNETTI:statement regarding Bill S3, Draft 2 (SEE COMM. 156.26):
MR. CASTAGNETTL• Can you hear me all right? Aloha, Chairman Higa,
County Council Members, Ladies and Gentlemen. I'm honored to provide
additional testimony in support of Bill S3. I've previously provided written and
verbal testimony at the second reading. I'm going to let that stand on its own
merit.
However, again, for the record, myohana-extended ohana and 1 strongly and
enthusiastically support the passage of Bill S3. We are committed to
collaborating and working cooperatively with the County or any other entities that
maybe brought into this process in the efforts to preserve Honu`apo.
This area remains a vital, important, and irreplaceable natural support for our
community. Honu`apo continues to provide vivid links and information to our
past. It has significant importance with respect to our culture. It carries historical
and archaeological evidence as to the ancestors of our-of this area.
Additionally, as we've heard, it's an ecological support for wildlife-some which
are already on the protected and endangered species registry.
Lastly, we believe that the commitment to preserving Honu`apo is in the spirit of
healing our culture and `dina, by allowing Kanaka Maoli to, again, participate in,
be responsible to, and take ownership of what is, in reality, our birthright. Thank
you.
CHR. HIGA: Thank you. Our next speaker being Mr. John Replogle. Am [
saying that correctly, hopefully? And on Bill S3-in support.
JOHN R.The Chair called on Mr. John R. Replogle, representing Honu`apo, who
REPLOGLE:made the following statement regarding Bill 53, Draft 2:
MR. REPLOGLE: Thank you. Briefly, we started working down at Honu`apo
approximately two years ago-we would go down and cut the grass, pick up the
place -and the idea was to begin and get the community to start taking ownership
of land that they, basically, thought was theirs forever. And everybody didn't
show up with their rakes. But everybody did begin to find out that Honu`apo was
for sale and we began to get the support as I handed out last time, the petition
people who signed in support and from there it grew. And, with the help of a lot
of different people, we've come to this stage here where it's in your hands to take
that first step to put forth the money that would secure this place and protect it
forever.
Page 23
Hawaii County Council - 10 Apri120, 2005
And, at the last hearing, Mr. Arakaki, you spoke on your concerns that the
Council or the County's obligation was to provide services to the people and not,
necessarily, purchasing land. I would like to address that in that, with the
purchase of this land, I believe that the service you will be providing the
community is it will give them an opportunity to have pride in their district
where they live.
I have taken several classes from Ka`u High and Na`alehu Elementary down
there--explained to them what's going on at Honu`apo. It's been somewhat of a
governmental, ecological classroom, if you will and we've had great response.
I've had many people call me in the last week since the word of the monk seal
sighting was-happened and said that the universe is on our side on this. And I
hope you all will be on our side on this, too, and pass it unanimously so everyone
knows that it's the right thing. Thank you.
CHR. HIGA: Thank you. Next speaker will be Mr. Josh Stanbro on Bi1153 in
support.
JOSHUA The Chair called on Mr. Joshua Stanbro, representing Tmst for Public Land,
STANBRO:who made the following statement regarding Bill 53, Draft 2:
MR. STANBRO: Aloha, Chairman Higa, and Vice-Chair Isbell, and other
Members of the Council. My name is Josh Stanbro from the Tmst for Public
Land. We've been working with the community to try to put together a solution
to the Honu`apo issue. I'm speaking in support of Bill 53.
I would like to commend the Council for taking positive action two weeks ago on
this bill and continuing to consider the issue today and just wanted to elaborate
a little bit on the profound benefits that Bill 53 has, not only for the Ka`u
community but for the County as well. This first step-what folks are calling a
first step-this appropriation of funds will, potentially, leverage $2.5 million in
outside funding to do this project. Obviously, if that dollar doesn't come through,
then this commitment doesn't go any further than your vote today. But we do
need that commitment to bring in those other funds to make this happen.
This bill can protect an area that the community has been, obviously, working on
for the last couple years and trying to protect and has been utilizing for the past
century, at least. Because of the profound cultural significance of this area I think
what Bill 53 also does is it presents a win-win solution that could avoid a lot of
community discord with the development plan down there and potentially
protracted litigation, which is what we've seen in contested case hearings in other
areas. So it can nip a situation in the bud.
This is also an area that local residents obviously you've seen the video this
subsistence area there's fishing, there's kids down there playing. It's a good
Page 24
Hawaii County Council - 10 April 20, 2005
thing in terms of the health of the community. But, I think, one of the things that
I wanted to draw attention to is that the Pastor earlier today admonished us to look
inside and choose the right path. And I wanted to just acknowledge that the
landowner, in this case-we hear so much about the real estate market and outside
landowners doing this and doing that-but I just want to point out that the
landowner has, basically, said "If this Council is willing to step forward, I'm
willing to take the time to work with the community". And I think that needs to
be recognized as a good faith effort on, at least, the part of one landowner that's
not from here. They're from California-and we're working with them and I
would hope that we can work with them.
So, in closing, a lot of people have been saying with the video that it seals the deal
or this is the seal of approval or-a bunch of other things have been running
around-but I hope that you will continue to vote in favor of Bill 53. Mahalo.
CHR. RIGA: One moment. Some questions for you. Dr. Holschuh.
MR. HOLSCHUH: Thank you, Mr. Chairman. Good morning, Mr. Stanbro.
MR. STANBRO: Good morning, Doctor.
MR. HOLSCHUH: Thank you. That's a good one. 1 like that. That had the
cutest face on it, that thing. It should be on a calendar. It probably will be.
Actually, I wanted to ask you, kind of, a serious question. I've been thinking
about this a lot and, obviously, nobody argues the value of this as a piece of
public land and public acquisition, if you will. It's just a question of how we do
this.
MR. STANBRO: Sure.
MR. HOLSCHUH: And how we protect County resources, ultimately. Let's get
that straight. What I wanted to ask you is, I wasn't real clear and maybe we
should just discuss this later when the bill comes up, but in case you're not going
to be here, I just wanted to get a sense from you I wasn't real clear that the
commitment from the State and the Feds. for the two-and-a-half million were
secure. Are you pretty sure they're secure? I mean, at the last discussion it was,
sort of, like, they were going to be discussing the million dollars from the
Legislature. Is this a done deal~lefinite?
MR. STANBRO: It's not a done deal~efinite. But I think as you recognize
and a lot of these processes whether it's matching funding for this type of
program or another one these things work in tandem. So the State upped its
ante. Basically, the appropriation was in a bill-a freestanding bill and then
when this body moved forward and approved a couple weeks ago it moved, at
that time, from the bill into the State budget, which is a much better and more
Page 25
Hawaii County Council - 10 April 20, 2005
secure area. So you it what they'reI think what's happening is the State is
saying, "Okay. You've moved. Now we move. Now you move, now. Now we
move".
The conference hearings for the budget between the House and the Senate were
last night. 1 haven't gotten word whether I've had every assurance that it's in
there and it's going to stay in there, but it has only been more secure as this
process has moved along. In terms of the Federal funding, the funding has
already been approved for Hawaii, and the person who is, essentially, in charge
of that has said, "As long as the County and State come through, I will obligate
those Federal funds towards this project". So it's as good as it in terms of the
business that we're in. This is a solid as commitments get at this point in the
process.
MR. HOLSCHUH: If they-thank you for explaining that. If they-say they
backed out. Let's say the State pulled the million out. What would would TPL
be involved at that point in your thinking?
MR. STANBRO: Well, it depends. If, for whatever if something cataclysmic
happened and other funding pulled out, we would have to reassess whether we
think the project is doable. Obviously, it's our job and the community's job to
make sure that the Federal funding and the State-those folks hear about how-
just as you are hear about how important this project is. Obviously, if the other
funding pulls out and we're not able toff we don't think it's practical to get
funding from elsewhere we've talked about private funding, we've talked about
potentially OHA I mean, there's other places that we could try to do a long Hail
Mary to go. But if that wasn't going to work out, these funds won't get expended
by the County. They will if the project doesn't happen, the 500,000 returns to
you.
MR. HOLSCHUH: Okay. A final question. You said the developer has been
very cooperative and I have no doubt about that. I take it your word on that. I
had, kind of, felt some pressure in the last presentation. I don't know whether
Mr. Jacobson mentioned or you or somebody else that the developer had a
deadline of the end-of--the-year or else" kind of thing. And I~id I misinterpret
that or are they willing to-
MR. STANBRO: Specifically, the developer the landowner has said, "As long
as the funding processes"
MR. HOLSCHUH: The landowner forgive me yeah.
MR. STANBRO: Yeah the landowner As long as the funding processes are
moving forward, they're willing to hold of£'. Essentially, what that means is if, at
any point along the way, this Council doesn't commit or the State doesn't
Page 26
Hawaii County Council - 10 April 20, 2005
commit, then they'll probably break off and do what they originally planned to do
with the property, which is 19 homes built in the azea and around the pond. The
end-of--the-year deadline" is, essentially, if you take that positive step and the
State takes a positive step, they will give us until the end of the year to make sure
that we can get that funding in and wait to transfer the property at that point.
MR. HOLSCHUH: Okay. Thank you. Will you be here later?
MR. STANBRO: I will try. I've got a 12:30 flight so
MR. HOLSCHUH: Okay. Thank you very much. Thank you, Mr. Chairman.
CHR. HIGA: Mr. Arakaki.
MR. ARAKAKI: Thank you. Every time I hear from you I learn something. So
that's very good, Mr. Stanbro. What is the role of TPL in this whole negotiation?
MR. STANBRO: The Trust for Public Lands is a nonprofit entity.
MR. ARAKAKI: No. What is the role with this Honu`apo thing?
MR. STANBRO: We work as a principal with the landowner to purchase the
property and then pass that property on. So, essentially, we serve as a facilitator.
We can identify funding. We have lawyers on staff that can do the environmental
assessment and the title reseazch and make sure that, when it does go to the
County, that there's no issues with it in terms of title or environment pollution
or--
MR. ARAKAKI: So the ownership will be the County?
MR. STANBRO: Right. In the end, the ownership will be the County.
MR. ARAKAKI: Trust for Public Land wouldn't have any ownership in it?
MR. STANBRO: No.
MR. ARAKAKI: Okay. What would- what is the relationship of a group over
there that said they want to take care of it, maintain it, or manage it what is
their- -what -i don't understand that part if the County owns it?
MR. STANBRO: Right. The County will own the fee simple the--under the
property itself the dirt. What TPL has tried to do because, in our work in
Hawaii, we've realized that budgets are stressed-especially local budgets. And,
though the community wants to protect everything, that's not feasible. But one of
the ways that you can get more done is if the community actually actively
Page 27
Hawaii County Council - 10 April 20, 2005
participates in stewarding the land and helping the County or the State out. The
State Parks program has a-it's sort of a-I think it's a kokua program where
local communities members help take care of cultural resources.
In our work with the County of Maui, at Hana, the community expressed a strong
desire that they wanted to help maintain the place, take out certain trees that were
invasive, restore cultural sites especially some of the important cultural
resources there keep an eye on it so that-and pick up trash and do those kind of
things that takes the burden off of the County maintenance.
MR. ARAKAKL Is this part of the deal of this purchase--that they will be
managing this property?
MR. STANBRO: It can be structured that way, if it comes down to that. What
we did with Maui County at Mu`olea Point is, basically, in the Agreement of
Sale we said that the County shall work with a local community group to help
collectively steward the property. So these are very open and flexible. If the
community group especially if they can get their 501(c)(3) status which I
understand is what this group is going to go for-they can apply for grants outside
of the County to bring-to help steward the property.
MR. ARAKAKI: What is the role of the Council legislative body in crafting this
arrangement?
MR. STANBRO: Well, the-obviously, the funding here this Bi1153 is the
funding end of it I would expect that any sort of resolution that came out of the
Council in terms of what your mana'o is and what you would like to see the
Mayor or the Planning Department or the Parks Department work in tandem with
the community would be I'm sure, well received.
MR. ARAKAKI: Okay. So I'm in favor of in saving Honu`apo and all that.
Why are you folks objecting to having the Federal government make it a national
park- -the bigger area where it would actually preserve it for perpetuity?
MR. STANBRO: TPL doesn't object to a national park doing this.
MR. ARAKAKI: Oh, you don't object to that?
MR. STANBRO: No. I know that there's some folks in the community that have
concerns about Federal ownership. In terms of TPL's standpoint, the process of
doing the study-I think that Representative Case-we talked a little bit about last
time Representative Case is commissioning a study about the value of that
coastline in terms of national park addition. That is fine. That's going to take a
couple years and that doesn't that won't preclude development in the meantime.
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Hawaii County Council - 10 April 20, 2005
We've heard loud and clear from the community that this specific parcel this
area around Honu`apo is the most heavily used by the community and the most,
obviously, at risk of development right now. So this is not part of the Federal
park process and we don't take a stand on that.
MR. ARAKAKI: But, if it became a national park, would that preclude the
community from using the area? No, no, no I was just (inaudible).
MR. STANBRO: No. I don't believe so. I believe that privately owned lands
within unless the national park acquires them I don't know that they have any
say over it if this is a County park within the national park.
MR. ARAKAKI: No, no. If a national park acquired-if the Federal government
acquired it and turned it to a national park, would that preclude the community
from using it?
MR. STANBRO: I don't know. I don't
MR. ARAKAKI: Okay. No, no. That' okay.
MR. STANBRO: They could set their own rules. I'm not sure.
MR. ARAKAKI: If you don't know, that's fine.
MR. STANBRO: I'm not sure.
MR. ARAKAKL• Okay. Well, my whole thing has been using~bjection to
this--not preserving it. I'd love to preserve it-it's use of funds of taxpayer-
property tax money to do this and I'm afraid that they might incur further monies.
And I'd like to see Transit Accommodation Tax increase so we can earmark some
of those monies to do that because that comes from the hotel industry and all
that and also Federal money, rather than using County monies-that's my
objection. It's not the project itself. Thank you, Mr. Chairman.
CHR. HIGA: Thank you, Mr. Arakaki. Dr. Holschuh.
MR. HOLSCHUH: Yeah. Thank you, Mr. Chairman, for just letting me ask one
more question. Mr. Stanbro, did-I may have misheard you when you were
answering Mr. Arakaki-it, kind of, sounded like TPL was going to buy this.
No? Did you say that? I--
MR. STANBRO: TPL serves as a principal. So we negotiate with the property
owner-
MR. HOLSCHUH: Oh, so you are planning then
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Hawaii County Council - 10 April 20, 2005
MR. STANBRO: And we purchase it, but then we will pass it on. And the
reason that we do that is because that guarantees that when we do purchase that
property, there's no environmental issues, the title reseazch has all been done,
there's not outstanding easements over it anything that could complicate it for
the County. And that way we, sort of, clean it up before it goes on its way.
MR. HOLSCHUH: I think I misunderstood last two weeks ago. I thought that
this was going to be different than Maui, for instance, that you were not actively
involved in the purchase of this. So that is your plan-to do this similaz to the
other ventures Is that correct then?
MR. STANBRO: Every project that TPL works on, we will serve as a link in the
chain -and we do that for a number of different reasons.
MR. HOLSCHUH: Okay.
MR. STANBRO: But mostly to, again, to protect whoever we are working
with whether it's the County or national parks or State pazks or whoever else-
that they are getting a property that's up to grade.
MR. HOLSCHUH: Okay. Good. Thank you. Thank you, Mr. Chairman.
CHR. RIGA: Okay. Mr. Pilago.
MR. PILAGO: Thank you, Mr. Chair. Good morning, Mr. Stanbro.
MR. STANBRO: Good morning.
MR. PILAGO: It's I'd like to follow-up with Councilman Jimmy Arakaki. I
think pazt of his concern was-and mine, too is who are the participants of your
community management team?
MR. STANBRO: I believe that the folks that had been working down there the
past two years cleaning up have the vision to get their 501(c)(3) established so
that they can, officially, enter into an agreement, if that is the wish of the
County to partner at that area I would have to defer to the folks in the
community, themselves, who have been working down there.
MR. PILAGO: Thank you. I'm sure the people you work with in the community
are very grateful for TPL support. I'm very especially pleased that you're there to
help facilitate this process. Can you please give me a brief of what the strategic
plan is two questions-and where does it include the participation of the Native
Hawaiian practitioners and the Native Hawaiian community?
Page 30
Hawaii County Council - 10 April 20, 2005
MR. STANBRO: Although this is an eazly juncture in this project, TPL-in the
last project in Maui and another project before that in Waianae~id provide
some funding from our donors to do a strategic planning process, which is a
critical point, if there is going to be community involvement and stewardship.
What we would like to do-if that is an important part to this Council we would
like to work with the community to develop that plan. There is no plan currently.
The-what that takes is a few months of meetings with the community to make
sure that you reach out to all communities involved, including Native Hawaiian
members of the community, to get their input. And I would defer to Auntie Pele
who's here to talk about her long involvement with this project and what she
would like to see happen.
MR. PILAGO: I just would I just need reassurance that the voice of the native
and indigenous people are firmly embedded in this project. As the video pointed
out, and there's a lot of allusion to that, we're looking at subsistence customary
and traditional practices. I do hope these things are brought to the forefront as we
create this project down in Honu`apo.
And I'm going to go all the way back to Councilman Arakaki's issue. It appears
that, somewhere along the line, we're going to be partners with you. I do hope
that connection is established early. But, just so we can make sure if there are any
other in kind or monetary support that goes back and forth, that we'll be able to
discuss that as partners.
MR. STANBRO: I think that's a great point and I also think that there's a lot that
the County can offer a fledgling community group that wants to do projects like
that. l know that the County has a program to identify grants that are out there
outside Federal grants and private arena grants for nonprofit community groups
throughout the island. It would be great to have that as a resource to the group as
they get started so that, like I say, the bL~rden doesn't fall, specifically, just on the
Parks Department but can come from elsewhere.
MR. PILAGO: Thank you, Mr. Stanbro. And thank you to Ka`u community for
supporting this. Thank you. Thank you, Mr. Chair.
CHR. RIGA: Thank you, Mr. Pilago. Mr. Jacobson.
MR. JACOBSON: Hello, Josh. Thanks so much for your extensive explanations.
I think it's just important that people do understand that it's a pass through
you're there to grab the land and pay the people off and make sure it's clean and
neat and then the County ends up with ownership. I think that's one of the great
benefits.
Also, just regards to some of the management agreements, my understanding is
that Parks and Recreation will be working with the community and having a
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Hawaii County Council - l0 April 20, 2005
Friends of the Park agreement signed, so that there will be some maintenance-so
that we don't have to take on huge amounts of maintenance costs. But I'm just
especially grateful for your role in this here, Josh. Thank you very much.
CHR. HIGA: I have a question, Mr. Stanbro. I just want to make sure I'm
hearing my colleagues. I just need to understand. There will be no stipulations
on this pass through? It'll be real clean like what everybody said. There's is
there any stipulations that will tie or bound the County to any agreements when
we accept this land?
MR. STANBRO: There will not be any that stipulate agreements for you. There
will be now-because we're using Federal funding and we're leveraging so much
Federal funding there are limitations on the County's use of the property after
that funding is utilized.
So, in essence, in order for you to get the funding to do this, you have to agree
that the property won't be developed in the future. So the County is not going to
be able if you do, the way the provisions work from the Federal funding side
if you ever choose to try to develop the property, you have to pay them back-not
just the value of the dollars they gave you but the current value of the property
proportionate to what they gave. So, it serves as a penalty clause, if you were to
build a strip mall at Honu`apo, basically.
CHR. RIGA: Right.
MR. STANBRO: But there's no
CHR. HIGA: No other stipulations, though?
MR. STANBRO: No. And what I've tried to articulate earlier is that we,
basically, put a suggestion in the title that we pass-that the County work with the
community--and, essentially, that was to ensure-both sides wanted that. The
community wanted to know that they would have a role in playing on the land.
And the County wanted Co know that because they didn't want to just know that
they were going to have to have a crew out there all the time. They wanted to
know that there would be eyes and ears on the ground there. So, it's from both
sides, but it's very flexible.
CHR. HIGA: So, who has seen this agreement or this pass through?
Pat Engelhard, the Mayor I mean, has anybody seen what you just stated that
there is this understanding? I mean, is it in writing somewhere?
MR. STANBRO: It's not in writing because we haven't gotten to the point where
writing is required. If this bill is passed and then also the funding is available, the
landowner fully commits, then-I mean, the Mayor and Parks Deparhnent,
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Hawaii County Council - ] 0 April 20, 2005
evidently, has been briefed. And the Mayor has said that he is willing to do this
and he wants to work with the community. So I-we have a verbal agreement in
that sense but nothing in writing because it's a bit premature until we're sure that
this is going to move forward. But we can show you that language, when the time
comes, and have you reflect on it as well.
CHR. RIGA: If and, again, I'm speaking hypothetically--if this body decided
to put some things in to protect the County's interest in what-because, again,
nothing's in writing-we put something on there to protect the County to make
sure that whatever this agreement or whatever, it's all going to be contingent
that we do have a meeting of the minds and so forth-would that jeopardize any
of the other funding mechanisms-like the Federal government and State?
MR. STANBRO: When you say "meeting of the minds" between
CHR. HIGA: Well, you're saying this agreement that you're talking about
there's nothing in writing. So all I'm saying is, if we put something in there~ur
funding is contingent upon making sure we'll release the money as long as the
following agreements are met that we put it from our side to protect the
County's interest, will-is there anything that'll stall or hamper the negotiations
between the other parties involved?
MR. STANBRO: I don't think so. I mean, I would be cautious that you didn't
foreclose something that you didn't foresee because it's so early. But,
essentially-I mean, maybe I'm overstating this. I don't want to give you the idea
that there is an ironclad agreement that there's a contract that the County has to do
anything. What it says is it suggests that the County shall work with the
community on the land that can take the form of an MOU and this is all afrer-
this happens after the transfer.
CHR. HIGA: Okay. That answers my question, what you just said right there.
Thank you.
MR. STANBRO: Okay. Okay. Just it's a Memorandum of Understanding,
essentially.
CHR. HIGA: Thank you. Mr. Ikeda.
MR. IKEDA: Mr. Stanbro, I do support the purchase of Honu`apo. And maybe
I'm naYve, but how does TPL benefit from the purchase of the Honu`apo?
MR. STANBRO: Our mission is to conserve land for people. So and we're
nonprofit so the benefit is that we get to do a good thing for the planet and for
the community in Ka`u. We're that's our mission-that's what we do.
Page 33
Hawaii County Council - 10 April 20, 2005
And I hope you all are on our newsletter mailing list and you can see the other
projects around the islands and where we work. The other area where we've been
working is-along the lines of Council Member Arakaki-is trying to get funding
from the State level dedicated towards this type of work, so that the burden
doesn't just fall squarely on the County and Feds. because they haven't
participated before. So I spend a great deal of time working on these projects, but
also working at the State level to try to get them to ante up, as well for these types
of proj ects.
MR. ]KEDA: Thank you.
CHR. RIGA: Mr. Jacobson.
MR. JACOBSON: And, just briefly, I suspect, Josh, that you will be turning any
contracts over to our Corp. Counsel as is customary for any contracts to be
inspected-
MR. STANBRO: Absolutely. Everything-
MR. JACOBSON: To represent the County interest I think that that is the
procedure.
MR. STANBRO: Yeah. There's a lot of steps after this. This is just the first
step. And then it goes-the entire process the letters of agreement and
everything comes through the Administration and Corp. Council.
MR. JACOBSON: Thank you, Mr. Chair.
CHR. HIGA: Thank you, Mr. Jacobson. Thank you, Mr. Stanbro. Next speaker
will be Pele Hanoa speaking on Bill 53 in support.
PELE HANOA:The Chair called on Ms. Pele Hanoa, representing Ka`u Preservation; and
President, Na`alehu Community Club, who made the following statement
regarding Bill 53, Draft 2:
MS. HANOA: Good morning, Chair Higa.
CHR. HIGA: Good morning.
MS. HANOA: Last time I was here it was a different face-congratulations that
you're on here. And, Council Members, good morning. I'm here and I'm also
speaking for my--the rest of the senior citizens from Ka`u which I'm President
of the Na`alehu Community Club.
Page 34
Hawaii County Council - 10 Apri12Q, 2005
The District of Ka`u is the largest of all the six districts on this island. We only
have the Punalu`u Beach which is now--it's amess-I'm telling you that. You
we have a lot of tourists buses that comes down to Punalu`u. But the reason why
I'm saying I mention Punalu`u is because the next beach to protect and to save for
the County to purchase or to take care of is Honu`apo. Honu`apo is the next
beach to Punalu`u and Kaua-because you have more land there that we could
use and a fishpond is right there. You saw the seal swimming into that pond. We
have turtles into that pond-and that's the reason why it's called "honu", which is
turtle, and "apo", to circle around-and that's what is "Honu`apo" is all about.
And, also, I'd like to let you know that Punalu`u will probably no longer be a
park. Every time the high water comes over-every year-that road is closed.
Every time we have a high, heavy rain, really pour down, the drainage- there's
no drainage in the parking lot all that water drains right down into Punalu`u
Road. And that road is filled-it looks like a river.
The only place now that is going to be safe and protect is Honu`apo. So I'm
hoping that you folks think and see that Ka`u needs a parking area, `cause
Punalu`u is too little now. It's too small to accomplish anything because they
have- the County put boulders on the sand. It's such a sad messy looking area,
with the boulders on the sandburs---below the sandburs. And now they're not
maintaining the road the County refused to maintain the road. So there's sand-
the busses pass over there. It's so sad.
Punalu`u has aroad--old trail from Punalu`u to Honu`apo. C. Brewer destroyed
part of the trail up in that Honu`apo area. There's no road now to go through to
Honu`apo from the ocean side. It's in the Alakahakai Trail. They did a research
on that. So now there's only one entrance-access to the old landing road going
to Honu`apo. We need to maintain that and use that for public access, since they
destroyed the old trail going down to Punalu`u.
I'd like to remind Council that-back to Council Arakaki when he was asking for
national park the national park when they get involved in that, like our
Kalapana, you have to be a resident before you can enter that. We had people
from Ka`u coming around to fish in Halape. They were sent to Honolulu to the
Federal court for passing over to Halape. So what we want to keep it open
space for all people to fish from Punalu`u all the way to Pahui and that's where
the endangered species, like the Hawksbill, lay their eggs in that whole stretch of
80 miles of shoreline.
And I'll also remind Mr. Arakaki that, in the past when he was there, all the
Councilmen voted with DLNR to sell the road of Punalu`u and went to Honolulu
to Judge Acuba-that told them they have no right to sell the coastal segment to
anybody-so we're saved by that. And I thank you.
Page 35
Hawaii County Council - 10 April 20, 2005
CHR. HIGA: Thank you, Ms. Hanoa. Any questions? None? Okay. The next
speaker and we're going to have to-is going to be Mr. Curtis Tyler who is
going to be speaking on a whole bunch of stuff here.
MR. HOLSCHUH: Ten seconds each, yeah?
J. CURTIS TYLER, The Chair called on Mr. Curtis Tyler, who made the following statement
III:regarding Resolution 71-05, Bi1174, Resolution 80-05, Resolution 81-05,
Bi1165, Bi11367 (Draft 2 and 3), Bill 48, Bill 53 (Draft 2), Bi1172, and
Communication 197::
CHR. HIGA: Mr. Tyler, help us out now.
MR. TYLER: ll go as fast as I can.
CHR. HIGA: And see as fast as you can to go through this.
MR. TYLER: Yes, sir.
CHR. HIGA: Thank you.
MR. TYLER: There's one more item here. Thank you. First of all, before I
begin, Mr. Chairman, Aloha kakou ka kai ke kahi e ke kahi. Let there be aloha
between and among all of us here today. And it seems like there's a lot more
aloha here and I want to congratulate you, Mr. Chairman, and Madam Vice Chair,
on your selection by your peers by a unanimous vote. That tells me-and I
believe that tells you speak very loudly to this community that you are trying to
act as one voice. And, when you do that, you send very good messages and good
feelings to this community. So I thank you for that.
I also want to thank you, Mr. Chairman, and Members of the Council, for making
it possible for videoconferencing in Kona. That's something that I wanted to have
in the whole eight years I was here and 1 was unsuccessful in doing so. And,
obviously, the folks from Kona have been more persuasive. And good morning to
the peop]e in Kona.
Now, Mr. Chairman, I'll go very quickly. I'll begin with Resolution 71-OS and
Bill 74. And [realize that you this is out of Committee but I do want to
express my concern about this with respect to Assistant Chief Osorio, who's here,
regarding this. As I have always expressed my concern about the magnitude of
the cost, and now, as I look at this, as if my memory serves me correctly
we've gone from eight million to approximately 12 million, which is a very large
increase. If your whole budget and everything else came in like Chat, the citizens
would be in deep trouble in terms of having to cough up the monies.
Page 36
Hawaii County Council - 10 April 20, 2005
Furthermore, I don't aside from a problem arose with the Federal government,
and the existing contractor, and the new contractor-will possibly be contracted
by the end of April there's a lot of questions in my mind, as a citizen. And if I
were sitting where you are, I would be asking a lot of questions about what's
going on here. And, finally, with respect to that, your proposal is to use operating
funds for capital expenses. And I would say that that doesn't make a lot of sense.
There's possibly one capital expense inhere in terms of equipment of 500,000
being -but I would urge your caution on that.
Next item is Resolution 80-05, which a portion of which 16,000 of which is to
continue the -to augment the lease of the Kona Council Office. Now it's for
16,000I have no objection to that as long as it does not-it is not there as the
result of this County paying for two offices. The old office that I occupied for
eight years was empty for some time. I don't know if it's still empty. But, in any
case, I'm sure Mrs. Isbell and Mr. Pilago would be able to answer any
questions and I don't know because I wasn't at the Committee meeting-if it's
for the existing office, then maika `i.
Resolution 81-OS-I would just say "Finally, finally, finally". This needs to be
passed today. And I want to thank, in particular, the Ashikawa family, and
Mr. Gary Ashikawa, and the contractor--for working so hard to get this roadway
connection--Holuholu Street Extension lot through to Nana. This is going to be
the first north/south connection between the Kona Palisades or Ka`iminani the
mauka-makai road-and the Coastview-Wonderview and Highlands Subdivision.
This is a milestone absolute milestone. People have been waiting decades for
this. I waited the whole time I was in the Council. And so, I want to thank the
Ashikawa family, and I want to thank DPW, and the Administration for
expediting this and thank you very much, Mr. Ikeda, for waiving this up.
Moving right along. Bi1165, by Mr. Jacobson, regarding revisions to the County
Code. I strongly support this this is long overdue. You need a new County
Code. Do you know how many times, over eight years, I couldn't get the law
right on the first time? And the second time? And, in some cases, the third
research? This is extremely important. Imagine what the public-when they're
trying to get the law. So I would say that you need a new one. I think the Clerk
should do it and it should--you should have quarterly updates. I strongly support
that. And you also should make this available on CD's because you can put the
whole Code on one CD-and that's very inexpensive. Somebody doesn't have to
lug this big book around. And so, I would urge you to look into that.
The-how am I doing, Mr. Chairman? Moving along? Okay. Bill 367,
Draft 2 this is the rezoning which you folks had a number of concerns about.
And I think you had two hearings in Planning. I want to speak in strong support
of this bill, as I have in the past. This bill, in my estimation, represents a new
paradigm. And I have had a chance to review Draft 3, which is before you today.
Page 37
Hawaii County Council - 10 April 20, 2005
And I support Draft 3 with one exception and I'll speak to that in a minute. But
let me just say that, first of all, in Draft 3, what's proposed here is concurrency
that they can't have any occupancy until that widening of Kuakini is open. And 1
say, "Hooray" for that. And they can't even begin Phase II until that's begun.
And, for those of you who might have worked with the applicant or applicant's
representative, thank you very much on that.
The second thing is that this actually, given the size of the project, is going to
result in lower density and, certainly, a lot lower heights right in the urban core of
Kailua-and that's wonderful-even though it's not in the SMA, it is in the
Coastal Zone Management Area. And I'm sure the people of future generations
will thank you for not having these high-rise buildings, which were originally
planned on one of the parcels.
Also, by having these housing units right in the community, including affordable
housing units, you will be--you will not be adding to the urban sprawl dilemma
that we find ourselves in so often with people having lived so far away because of
the lack of-because of we just can't keep up with the infrastructure costs.
And I would like to say that, with respect to Draft 3, 1 just want to mention very
briefly that Draft 3, under Condition Number "M" proposed Condition
Number "M" contains language regarding landscaping plan. And it says, in the
second sentence, "Said plan shall reflect, where feasible, the use of indigenous
and water conserving-plants and comply with...", etcetera. I would like you to
replace the word "indigenous" with "native" because "indigenous" does not
include "endemic". And, really, what we need to be doing is planting more
endemic plants the ones that only occur here in Hawaii nei.
And so, I would urge you-I would hope the applicant would find that to be a
friendly amendment. I hope all of you would find it to be a friendly amendment.
Moving along. The- -Bill No. 48. I appreciate Mrs. Meyerson's testimony this
morning from the Queen Lili`uokalani Village. I would like to point out
something to you. This proposal is says to connect the sewer system via
Kealaka`a and Kealekehe Parkway. The proposal that came in from
wastewater- that was the original proposal projected to cost in excess of
10 million, perhaps, as much as $30 million. A lot of blue rock between there and
where the connection is to La`i`opua. A lot of blue rock. The proposal was-and
what 1 was told before I left this Council was that they were going to put an
upgraded septic system in the Queen Lili`uokalani Village not connect to the
Kealakehe via Kealakehe Parkway. And so, there seems to be a mixed message
here.
If this is to connect to the Kealakehe Sewer Waste Water System via the
Kealakehe Parkway, I would strenuously as strenuously as I can~ppose this
Page 38
Hawaii County Council - 10 April 20, 2005
because it will cost multi-tens of millions of dollars. If this is to upgrade the gang
cesspool system to a septic system, then-a proper septic system which is what
I was told it was going to be for-then I'm in 100% support of it. But, please, get
this one straight because I'm reading I'm seeing something different here.
Almost done, sir. Thank you for the-
CHR. HIGA: Thank you.
MR. TYLER: Bill 53. I speak in strong support of this. Those of you who recall
my stance on the Council for the land use--setting aside apercentage of the-of
real property tax. Tens of thousands of people in this County were disappointed
that that didn't pass--but this is a good start. You've heard from the community.
They've spoken loudly and clearly. They've certainly spoken to me in the years
gone past. And I think that this is the right thing to do, at the right time, for the
right reason. And I want to thank Mr. Jacobson and Mr. Stanbro for their work on
this. E man ke ea o ka `aina i ka pono.
Finally, two things. Bill 72, which pertains to corrections in the Sign Code. I
take the full responsibility for any inadvertent drafting errors. However, I was
advised that we had to do certain things. In any case, it's changed. I think this is
very good that somebody caught this and we wouldn't want to have that the
wrong way. I want to report to you that yesterday afternoon at 5 o'clock at the
Kailua Village Design Commission, there were two applicants-the first two
applicants under the new Sign Code who came in with beautiful signs complying
with the law not asking for a variance~oing the right thing. And I was down
there to shake these people's hands and thank them for complying with the law
and saying--and they're beautiful. And their businesses will do well. 1 certainly
wish them well.
Finally, last item, Communication l97 pertaining to the request for "Executive
Session" for a briefing on the Hokuli`a litigation. Two questions have been
posed to mealmost weekly, sometimes daily as I've traveled around the
community. Many people have asked me "What's going to happen to Hokuli`a?"
And I certainly don't know. But, two questions: Number one, why hasn't this
gone to the LUC as the judge allowed? Why hasn't that happened? How many
years has it been? Number two-that's what you should be asking yourself these
questions Number two is why are they coming after the County? We didn't sell
them the land. We didn't make them any promises with respect to that. Why
don't they go after the person who sold them the land? And, I'm sorry, I'm a
simple person but these are the questions that people from all over this island are
asking me. Why not'? Why are they coming after the County? Because they're
in our deep pocket? Don't let it happen, folks. Thank you very much.
CHR. HIGA: Thank you, Mr. Tyler.
Page 39
Hawaii County Council - 10 April 2Q 2005
MR. TYLER: I hope that was a new record.
CHR. HIGA: Hang on a second. We have some questions for you.
MR. TYLER: Oh, that's a surprise. Get on the receiving end.
CHR. HIGA: Mr. Jacobson.
MR. JACOBSON: Well, thanks for your comments. I'm left with some of those
questions, yourself I'm a simple man and I don't understand some of those last
questions you posed. But I do have some answers for some of the other issues
that, certainly, your idea of putting our County Code out on a CD has crossed our
minds. We had an issue on the agenda yesterday to re-price it so it's not 450 or
some exorbitant amount-so that those people who want to have a hard copy--
some people do need to have hard copies that are you tend to like them yourself.
MR. TYLER: Yeah.
MR. JACOBSON: But it would be much more expensive. Having a CD,
though--
MR. TYLER: Fifty cents is for a writeable CD.
MR. JACOBSON: Well, I'm not sure what we're going to come up with, but it's
certainly not going to be $100. It's going to be-
MR. TYLER: Maybe I'll donate some to you.
MR. JACOBSON: Some money. I don't know what it will ultimately cost, but
we're working on that issue right now.
MR. TYLER: Good.
MR. JACOBSON: And I appreciate your kudos on this. Thank you. Thank you,
Mr. Chairman.
MR. TYLER: You're welcome.
CHR. RIGA: Thank you, Mr. Jacobson. Mr. Hoffinann.
MR. HOFFMANN: Thank you, Mr. Chairman. And thank you, Mr. Tyler, for
the welter of comments. I only want to address one of those, if I can, and that's
referenced Bill 367. As you properly pointed out, this, we hope, is the first issue
that we can make and statement we can make as a Council in a Planning
Committee- -reference concurrency. And I am very thankful that the developer
Page 40
Hawaii County Council - 10 Apri120, 2005
has both seen it that way and has made every effort, I think, that we could
possibly ask in order to conform to our concerns regarding concurrency and a
little bit of additional affordable housing, which shouldn't go unnoticed. There's
40% of the additional units in that effort that he's recommending that he'll go
along with.
And, again, this is the way as you point out and we want to emphasize-the way
that the Planning Committee, Mr. Pilago, and myself, look at these issues-and I
think we're on the right track here. So thank you for your comments, particularly,
in that regard. And when you do speak to other people in the community that,
perhaps, we don't speak to, tell them that we are trying to follow that effort and
that intent in the balance of our applications that we see before the Planning
Committee.
MR. TYLER: Thank you. [have and I will.
MR. HOFFMANN: Thank you, Mr. Chairman.
CHR. HIGA: Thank you, Mr. Hoffmann. Dr. Holschuh.
MR. HOLSCHUH: Thank you, Mr. Chairman. Mr. Tyler, it's always wonderful
to hear you. Obviously, you disregarded the colored signs but no-it's a
pleasure to have you here. I'm kidding you, of course.
MR. TYLER: Three-minutes plus one, right? I thought I did very well.
MR. HOLSCHUH: But it was interesting the other day. No I Curtis says
I've always appreciated your comments and I think you certainly were a bulldog
at getting at detail and I say that very respectfully. And Mr. Safarik made a joke
in the recent minutes that we just approved. He called me "Mr. Tyler" and he
said, "Oh, just joking. But you're picking up details in reviewing the minutes".
And 1 said to him, "That's a compliment". And I mean that. Thank you, sir.
Thank you, Mr. Chairman.
MR. TYLER: Thank you. Well, hopefully, the opportunities are in the details not
just the devil.
CHR. HIGA: Thank you, Mr. Tyler. I--for me, I just want to say your ability to
go through an agenda and pull everything out is as sharp as ever and I appreciate
your willingness to give your mana'o to us. Thank you.
MR. TYLER: Thank you, sir. Aloha to everyone.
MR. HOLSCHUH: Thanks, Curtis.
Page 41
Hawaii County Council - 10 April 20, 2005
CHR. RIGA: We have five more speakers. So we going try to move along as
best as possible. Wendy Vance on Bill 53 in support.
WENDY VANCE:The Chair called on Ms. Wendy Vance, representing Ka`u Preservation, who
made the following statement regarding Bill 53, Draft 2:
MS. VANCE: Ano Waia Me Ke Aloha. I'll make it very short. I'm in favor of
Bill 53 all the reasons that everybody here has stated. I don't need to go over
each and every one. This is a unique opportunity. This is a chance for this
Council to really be farsighted, to really be ahead of the ball. And I so much
appreciate the work that you did two weeks ago on this bill and [encourage you
to pass it today. Mahalo.
CHR. HIGA: Thank you. The next speaker will be Mr. David Vance on Bill 53
in support.
DAVID C. VANCE: The Chair called on Mr. David C. Vance, who made the following statement
regarding Bill 53, Draft 2:
MR. VANCE: Thank you, Mr. Chairman, and Members of the Council. I will
also keep it brief. One thing I'd like to say is I came on board with John Replogle
two years ago. He mentioned that he had a cleanup project in the works-that
Honu`apo was in danger of development and without really knowing where we
were going other than trying to preserve it, but having no real plan other than
putting forth our energy wanting to be involved. That's the level that myself and
many others members of the community--came on board with.
So it's very exciting to see the process going along, somehow, magically-
blessings coming our way and I appreciate that. I hope there was so much
support for Bill 53 last week. I hope that you will vote in favor of this today. It's
a unique opportunity to save this incredible place for future generations. If it's
not acted on in a timely fashion, the danger of development is right there. And
once it's gone, it's not coming back. So I please ask you to vote in favor of
Proposition 53. Thanks so much.
CHR. HIGA: Thank you. Next speaker will be Mr. Richard Esparza speaking on
Bill 53 in support. Mr. Esparza? Left? He's, basically, said he's in support of
Bill 53. Next speaker will be Ronald Self speaking on Bill 53-in support.
RONALD G. SELF: The Chair called on Mr. Ronald G. Self, representing Ka`u Preservation, who
made the following statement regarding Bill 53, Draft 2:
MR. SELF: Good morning, Honorable Council. My name is Ron Self. I'm an
attorney and I-is this better?
Page 42
Hawaii County Council - 10 April 20, 2005
CHR. HIGA: Yeah. You can pull it down, if you need to.
MR. SELF: Okay.
CHR. HIGA: There you go. Thank you.
MR. SELF: There you go. Thank you. I'm an attorney and I represent Ka`u
Preservation, which is a local group of people that have gotten together to
preserve and protect the Ka`u Coast--obviously, part of that is Honu`apo. And I
heard many of your questions on how does this all work, and is there a
management plan, and what are the protections for Hawaiians and local people so
that they may participate and help in this project. And I think we all need to
understand that there are, really, three government agencies that are involved in
this project. There's the 300-pound gorilla, and there's the 600-pound gorilla, and
then there's the 900-pound gorilla. And, I guess, if each one of those is a
government agency, I guess we all know maybe what this County is the smallest
of those entities.
The Federal government, right now, as most of you may know, is working on
through Fish and Wildlife--trying to get funding to do a study on the endangered
species along the whole Ka`u Coast, which is approximately 80 miles. Honu`apo
is part of that coast and it's in Conservation land of the State and, thus, is subject
to the Endangered Species Act. So some of the issues that 1 think you need to
understand are how does the Endangered Species Act affect what you're doing
and also how are we going to help in the survival of these endangered species.
Luckily, Mr. Danny Miller miraculously was able to film the Hawaiian Monk
Seal. The Hawaiian Monk Seal also has been spotted at Kaua Beach and,
obviously, South Point. In fact, I believe a pup was born in South Point within
the last year or so. The Hawksbill turtle, another critically endangered species, is
there, but a species and group that we really need to start looking at in this
particular County, in this State, and in this world are the Hawaiian people. And
the culture and history of the Hawaiian people is best stated and best shown in
this District of Ka`u. It is the undeveloped coastline where all the heiaus are,
where all the history and culture still remain intact, where it's a vibrant, vibrant
culture. If you look at the demographics, Ka`u has the largest percentage of
Hawaiian people that live in that district of the whole State.
What we are trying to form in the management that Ka`u Preservation is trying to
put together is a cooperative effort between the local people, the County, the
State, and the Federal government. Anci we've worked hard to try to put these
groups together. The State seems to be the hardest one to convince to do this,
cause DLNR has done a pretty poor job of protecting. So we ask that you work
with the State, too, and get them to realize that they need your help. So, if you
have any questions, I'll be glad to help. I know my time's up now.
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Hawaii County Council- 10 April 20, 2005
CHR. HIGA: Thank you.
MR. SELF: Okay.
CHR. HIGA: Thank you. Last speaker will be Mr. Bob Graham in support of
Bill 53.
BOB GRAHAM:The Chair called on Mr. Bob Graham, representing Ka`u Preservation, who
made the following statement regarding Bill 53, Draft 2:
MR. GRAHAM: Thank you, Members of the Council, for letting me speak
today. Thank you, Mr. Jacobson, for introducing this bill. I heard from Keola
and Earl Louis that live at Punalu`u-this morning, 6:30, she's in the hospital.
She said, "Bob, please speak for me". And I said, "I'll try to make it short and
simple, Keola". She says, "Well, a monk seal is a big deal". And that's how
we're going to leave it right there short and simple. It says enough.
Danny Miller did a great job. And, again, the Endangered Species Act is ever
present here. And you really can't go against a little monk seal, can you? Even
you, Mr. Arakaki, I think we might have your vote at least I hope we do this
time. Thank you so much.
CHR. HIGA: Thank you. Okay. No more "Statements From the Public". We
need to go into "Executive Session" at l l o'clock but-
MR. ARAKAKI: Take them out of order.
CHR. HIGA: Huh?
MR. ARAKAKL Take them out of order.
CHR HIGA: But in case there's a lot extended. Which one? Fifty-three?
MR. ARAKAKI: Fifty-three.
MR. JACOBSON: Can we have a little break?
CHR. RIGA: Huh?
MR. JACOBSON: A little break.
MR. HOFFMANN: Take a break. Take afive-minute break.
CHR. HIGA: Well, I was going to take it out of order. The only thing I'm
worried about is, if there's an extended debate on this, I wish not to prolong the
Page 44
Hawaii County Council - 10 April 20, 2005
Executive Session" that's where I'm going. But there was one request that I
think-because time is of the essence--Mr. Pilago had a request, which I'd like to
honor because of what will come about from this. Mr. Pilago, you have the floor.
MR. PILAGO: Thank you, Mr. Chair. I'd like to take an item out of order and
that is Item 13, Resolution 81-05, and move it from Page 5 to Page 2-in the
middle of the page to the top of "Order ofResolutions"-if all right.
CHR. HIGA: Resolution which is the-81-OS? Is this correct?
MS.ISBELL: Yes.
MR. PILAGO: Correct. Item 13, Resolution 81-05, and move it to the top of
Order of Resolutions". And this is to accept the dedication of Road Lot A,
Holoholo-Nana.
MR. HOFFMANN: Second.
CHR. HIGA: No problem. Let's move that.
CONSENT ITEM - By general consent, the following items were taken out of order, as requested
CHANGE ORDER by Chairman Higa and with no objections from the Council Members.
OF BUSINESS:
RESOLUTION Accepts the Dedication of Road Lot A (Kukuinui Street) and Road Lot B
NO. 81-OS Ohikapua Place), Holoholo Street Extension Lot and Nana Street Extension
WANED-PWIRC) Lot of Kukuinui Subdivision From RS10 Kalaoa, LLC, a Hawaii Limited
COMM. 2191:Liability Company, Situate at District of North Kona, County and State of
Hawaii, Tax Map Key (3) 7-3-10:37, to the County of Hawaii.
Acceptance of this dedication would provide needed interconnectivity
between Nana Street in the Kona Wonderview Subdivision and Holoholo
Street in the Kona Palisades Subdivision.} (Introduced by Mr. Higa.)
Mr. Pilago moved for the adoption of Resolution 81-05.
Seconded by Mr. Hoffmann.
CHR. HIGA: Okay. Director? Mr. Pilago, you have the floor.
MR. PILAGO: Thank you, sir. Good morning, Director McClure. For brevity
and expediency, could you please give us a brief of this chronology of this
project, participants, what do you expect from this Council, and what is planned
for the rest of your schedule today four things, please.
Page 45
Hawaii County Council - 10 April 20, 2005
At this time, Mr. Bruce McClure, Director, Public Works
Department, came forward to address the Council
Members.)
MR. McCLURE: Okay. There are a series of connector roads between
Ka`iminani, the Kona Palisades, and the Kona Coastview, Wonderview on the
north side. This is the first one. It's coming through from private. They built it.
We had permission to use it from March 18`h till now for emergencies only. The
County actually installed the gates, so that it couldn't be used by the public, but
only by us. The waterline has not even been dedicated-that's next week. We're
expediting this all over the place and you folks have contributed with that
expedition by waiving the thing.
We have other ones further up Ahiahi, Kauhale, and then the Ke`oke`o and
Holu Street-that's the current one that has a barricade across it. We won't open
that until we can get at least one other one. We have the appraisals, we're
working closely with Corp. Counsel, and we will come in with condemnation to
you folks-and we will explain in more detail at that time. We would, as soon as
you- as soon as this guy passes-and I assume it will-I'm on the cell phone to
our staff and we will open the road this morning.
CHR. HIGA: Excellent. Any more questions?
MS.ISBELL: Great.
CHR. HIGA: Mr. Pilago, are you done or-
MR. PILAGO: Thank you, Mr. Chair. Congratulations to you and your staff,
Director, and credit also to Councilman Curtis Tyler for moving these things
through during his tenure and under his watch. We also need to credit the
Chairperson of Public Works, Mr. Donald Ikeda, for facilitating and waiving. I
strongly support this project and, as Councilman Tyler earlier stated, this is a very
important and momentous time that we're on because it begins our initiatives
toward connector roads to alleviate our infrastructure and traffic problems,
especially in West Hawaii. Thank you, sir. Thank you, Mr. Chair.
CHR. RIGA: Thank you, Mr. Pilago. Mr. Ikeda.
MR. IKEDA: Yes. I would like to thank the Director of Public Works for the
good job that they've done completing the connector roads. Thank you, Bruce.
CHR. HIGA: No more discussion. Madam Clerk.
Page 46
Hawaii County Council - 10 Apri120, 2005
The roll call vote on Resolution 81-05, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Mr. McClure, I hope to see you on the telephone. Make that call,
Mr. McClure.
Madam Clerk, what I think I'm going to do is I need to go into "Executive
Session" with the Mayor. But Pd like to think, with the indulgence of my
colleagues, as soon as we come back out of "Executive Session" I'd like to take
out of order Bill 53 since we have a lot of people herein the audience and I don't
want to prolong them any longer than they need to be here. So, with indulgence, I
think that's what our plan of action will be. For now, we're going to goI need a
motion to go into "Executive Session" then I'll put us into recess while we're
locking up the place.
COMM. 210:Request for Executive Session Re Waste Reduction Technology (Reference:
Resolution 218-04). From Environmental Management Director Barbara Bell,
dated April 7, 2005.
Mr. Jacobson moved to go into Executive Session in order
to hold attorney-client privilege discussion regarding
Communication Number 210, as authorized by Section
92-5(a)(4) of the Hawaii Revised Statutes. Seconded by
Mr. Ikeda.
CHR. HIGA: No discussion. All those in favor.
The voice vote tc> go into Executive Session, was as
follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR HIGA: Okay. "Executive Session" and then we'll take atwo-minute
recess.
Page 47
Hawaii County Council - 70 April 20, 2005
RECESS:At 11:03 a. m., the Chair called for a recess to allow the Clerk to clear the room.
RECONVENE:The meeting reconvened at 12:17 p.m., with all Members present, with the
exception of Council Member Safarik.
COMM. 210:Request for Executive Session Re Waste Reduction Technology (Reference:
Resolution 218-04). From Environmental Management Director Barbara Bell,
dated April 7, 2005.
CHR. HIGA: I think I need a motion to file Communication 210.
MS. KIRIU: Yes.
MR. JACOBSON: Okay.
Ms. Isbell moved to close file on Communication 210.
Seconded by Mr. Holschuh.
MR..TACOBSON: Move to approve Bill 53 on second and final reading.
CHR. HIGA: Oh, no, no, wait, wait. We're filing Communication 210 first,
Mr. Jacobson.
MR. JACOBSON: You asked.
MR. HOLSCHUH: (Inaudible) carried away.
CHR. HIGA: You must have a hot lunch date, huh?
MR. IKEDA: I'll make the motion.
CHR. HIGA: Virginia-Member Isbell-so moved already.
MR. IKEDA: Okay.
CHR. RIGA: Dr. Holschuh seconded.
MR. IKEDA: Okay.
CHR. HIGA: And no discussion-all those in favor of filing
Communication 210 signify by saying "aye".
Page 48
Hawaii County Council - 10 April 2Q 2005
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa- 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Okay. Communication is filed. Now let's go out of order, Madam
Clerk.
MS. KIRIU: At the top of Page 11?
CHR. HIGA: The majority of people here are for Bill 53, so I'd like to
accommodate them.
MS. KIRIU: Okay.
CHR. HIGA: And they were I thank you for your patience outside. Thank you.
ORDINANCE Amends Ordinance No. 04-75, as Amended, Relating to Public
BILL NO. 53 Improvements and Financing Thereof for the Fiscal Year July 1, 2004,
DRAFT 2j to June 3Q, 2005. Adds PARKS AND RECREATION: Coastal Land
COMM. 156.11:Acquisition at Honu`apo ($500,000); funds to be provided from General
Obligation Bonds, Capita] Projects Fund -Fund Balance and/or Other
Sources ($500,000). This will allow the County to help preserve coastal
open space, enhance public access to recreational areas, and provide for
continued cultural practices. } (introduced by Mr. Jacobson; passed First
Reading on April 6, 2005.); and
COMM. 156.20:From Bob and Julie Jacobson, dated April 8, 2005.
Mr. Jacobson moved for the passage of Bill 53, Draft 2, on
second and final reading. Seconded by Mr. Pilago.
CHR. HIGA: Okay. Discussion? Mr. Jacobson.
MR. JACOBSON: If I could just briefly--Communication 156.20 was sent to me
from Teresa Alderdyce. So, although it came on my a-mail, that's why I think it's
addressed to me. And, just briefly, I appreciate the support that my colleagues
have given me over this bill. I think that it's abundantly clear that the people of
this area need this resource and 1'd appreciate a positive vote from each and every
one of you. So thank you so much. I yield the floor.
CHR. RIGA: Okay. No further discussion? Madam Clerk.
Page 49
Hawaii County Council - 10 Apri12Q 2005
The roll call vote on Bill 53, Draft 2, was as follows:
AYES:Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa - 7.
NOES:Council Member Arakaki - 1.
ABSENT & EXCUSED:Council Member Safarik- 1.
For informational purposes, Mr. Arakaki voted "kanalua" and "no".)
CHR. RIGA: Okay. Bill 53 is passed.
MR. JACOBSON: Thank you all.
CHR. HIGA: Any other Department?
MS. ISBELL: The Police Department.
CHR. HIGA: Iwant--Police Department? Which Mr. Osorio, what are you
guys here for, so that we don't prolong you?
MR. OSORiO: Resolution 71-05.
MS. ISBELL: The microwave.
MR. HOFFMANN: Oh, the microwave.
CHR. HIGA: 71-05. Let's-
MR. OSOR[O: And also, Bill 57, sir.
CHR. RIGA: 71-05. My colleagues, is it all right if I take that out of order?
MR.IKEDA: Yes.
CHR. HIGA: All right.
RESOLUTION Transfers/Appropriates an Appropriation Out and From the Designated Fund
NO. 71-OS Account(s) and Credits Same to a Designated Fund Account(s).
FC-77 Transfers/appropriates $1,183,805 out and from the following: Police
COMM. 194:Headquarters -Salaries and Wages ($12,000), Police Administration
Division -Equipment ($500,000), Drivers License and Traffic Services -
Salaries and Wages ($20,000), Criminal Investigation Division-Juvenile Aid
Bureau-VICE -Salaries and Wages ($50,000), South Hilo Police -Salaries
Page 50
Hawaii County Council - 10 April 20, 2005
and Wages ($140,000), Waimea Police- Salaries and Wages ($150,000),
Kona Police -Salaries and Wages ($281,805), Puna Police -Salaries and
Wages ($30,000), for a total of $1,183,805; credits to Transfer to Capital
Projects Fund. Funds would be used for unanticipated costs related to delays
to the Microwave Relocation and System Renovation Project which have
resulted in cost overruns and for cost increases due to changes in the project's
construction design at two sites.} Introduced by Ms. Isbell, by request.)
Ms. Isbell moved for the adoption of Resolution 71-OS and
Finance Committee Report 77. Seconded by Mr. Pilago.
At this time, Mr. Elroy Osorio, Jr., Assistant Police Chief;
and Ms. Kay Nishibayashi, Accountant IV, Police
Department, came forward to address the Council
Members.)
CHR. HIGA: Okay. Discussion? Mr. Hoffmann.
MR. HOFFMANN: Thank you, Mr. Chairman. First of all, thank you very
much, Chief. I'm going to support this bill and-or rather, this particular
resolution. Clearly, as the new guy on the block I, sort of, saw this one come
through first. And I understand what you're trying to do and I know it's common
practice to approach things like this at the year-end in order to make sure that
money in the police budget that isn't filled from, obviously, unfilled positions is
used for police purposes. I don't like that. And I'm going to tell you right now
that next year, I'm not going to vote for it on that basis alone-not because you
don't need this effort or that it's not well spent money. And I might have some
questions about that, but simply because I think the budget process is not being
followed properly in this particular way.
And I've gotten many different opinions on this-both from uniformed policemen
as well as from residents reference things like this. I'm going to go ahead with
this because I recognize it's a little late in the process and I know it's been done
before. But I will tell you right now, I won't vote for this type of a procedure next
year. Thank you.
CHR. HIGA: Thank you, Mr. Hoffinann. Mr. Jacobson.
MR. JACOBSON: Well, good morning, Officer Osorio. Thanks for coming in
today. I do have a couple questions regarding one of our testifiers earlier
mentioned a need to understand some of these cost overruns and cost increases
due to changes in the project, construction design of two sides and I think the
last time you were before us I asked if you could come up with an estimate of
what we've spent to-date, plus this~n this microwave system. So, if you could
elaborate a little bit.
Page 51
Hawaii County Council - 10 April 20, 2005
MR. OSORIO: I believe we provided those numbers to Councilperson
MS. NISHIBAYASHI: No, not yet.
MR. OSORIO: Not yet. Okay.
MS. NISHIBAYASHI: We were requesting the schedules from the contractor,
which we received. But I'm in the process of reviewing the schedules that we had
because Chair-Finance Committee Chair Isbell had asked that we break it down
by site and that was something that we needed to get from the contractor. So I
have that but it hasn't, yet, been presented to the Finance Committee, yet.
But as far as the expenditures, though, that's part of the CIP Project Status Report
that was presented, 1 believe, at the last Finance Committee that we were also
present at. I can tell you, though, as of April 4`h total expenditures just actual
expenditures amounted to 9.7 million for this project that doesn't include the
encumbrance to date.
MR. JACOBSON: Okay. Can you tell me a little bit about these cost overruns
and cost increases due to changes in the project construction design at two sites?
MR. OSORIO: Yeah. As I testified at the believe it was April 8`h hearing--
the two remaining sites we were developing jointly with the Federal
government a project called "PACKMERS"-the funding that they had pledged
in support of those sites has since been withdrawn because of problems that they
are having with the way their funds are being dispersed.
So whether or not they're ever going to be able to come forward again-we're not
certain. They believe they will, but we can't afford to wait, so we have to make
up the deficit that thcy would have provided.
MR. JACOBSON: So the cost overruns are just, basically, a loss of funding from
the Federal government?
MR. OSORIO: That and
MR. JACOBSON: And that accounts for all the cost overruns?
MR. OSORIO: No, sir. There're also cost overruns in this particular request, I
believe, which have to do with delays because of the fact that we've been waiting
on the Federal government to release these monies for well over a year.
MR. JACOBSON: So equipment costs rose in the interim due to inflation and
other
Page 52
Hawaii County Council - 10 Apri120, 2005
MR. OSORIO: Equipment and steel costs.
MR. JACOBSON: Did any of the capacity--I mean, did the equipment improve
because of this delay? Were we able to get better equipment or are we just still
bidding on the same stuff that we looked at?
MR. OSORIO: Essentially, we're getting the same system that we bid for. Yeah.
MR. JACOBSON: Okay, thanks for answering my question. I appreciate it.
CHR. HIGA: Ms. Isbell.
MS. ISBELL: Yes, thank you very much. As you recall, I did ask for some more
information because this is a very expensive microwave system and it has a lot of
cost overruns. So I still haven't received that report and I, very reluctantly I'm
reluctant to continue to put money into this, especially when you're putting your
wages money in, when your policemen need laptops and we've talked about that
with others, too.
Is that when they're doing their "reports", they have to leave their station-the-
where--in their car--go back to the office, do a paperwork report, and that takes
them off of the road and out of, really, commission at the time. If you had some
of this money going for that purpose, I don't think anybody would have any
problems with it. Those are very important and they'd be wireless laptops.
So, what I'd like to see is some real definitive reporting on why the Federal
government resisted. They you said they resisted because of the way the funds
were being dispersed. When the towers are finally put in and you have the final
numbers what needs to be done to make them work?
MR. OSORIO: To make it work for
MS. ISBELL: Yeah. Would you- are you going to have more than one
aligned~ne microwave system? What happens when the microwave towers are
put in, there has to be some kind ofsoftware-some kind of thing that makes
them work. Do you have that?
MR. OSORIO: Yes. The radio system that's going to support as far as the radio
transmission
MS. ISBELL: Yeah.
MR. OSORIO: All of that is part of the project. As far as anything else, like, data
transmission no.
Page 53
Hawaii County Council - 10 April 20, 2005
MS. ISBELL: Say that again?
MR. OSORIO: Voice transmission-
MS. ISBELL: Yeah.
MR. OSORIO: Will be supported by this project.
MS. ISBELL: Right.
MR. OSORIO: But not data transmission not at this point.
MS. ISBELL: Not data transmission?
MR.OSORIO: Right.
MS. ISBELL: But I thought that was one of the most important parts?
MR. OSORIO: That's not what this project was originally designed to
accomplish.
MS. ISBELL: Okay.
MR. OSORIO: We're trying to develop the system so that it will support that in
the future, but that's going to require additional funding to accomplish that.
MS. ISBELL: Yeah. I have a real problem with this. I--as you know, I've
introduced it "by request" because I felt that there were too many questions and
not enough answers- -and I still don't have the answers.
So I would- --are you-is that just to be mn off and has to be dispersed or
distributed or approved by someone or- the information you have?
MS. NISHIBAYASHI: I received the schedules from the contractor. But what
hasn't happened and why I needed more time was to, actually, review the
schedules to make sure that they were in line with where we thought the
expenditures were at and then make sure they all tied into the total costs. And
that's where [have them. I have the schedules to be distributed, but it hasn't been
reviewed, yet, by us, internally. And 1 didn't want to give the schedules to the
Committee that I hadn't reviewed, yet.
Page 54
Hawaii County Council - 10 April 20, 2005
MS. ISBELL: Yeah, I understand. I don't have so much problem using whatever
you have to make this happen. But I have a problem with the process and with
the overruns-the cost overruns. I mean, this is-it's going to be about
11 million, right, by the time you finish?
MR. OSORIO: A little more than that, yeah.
MS. ISBELL: Okay. Thank you very much.
CHR. HIGA: Mr. Pilago.
MR. PILAGO: Thank you, Mr. Chair. Thank you, Officer Osorio, and staff--
thank you very much. I have some reservations. I'm asking you-strongly
urging you and the Department to please prioritize your goals. Again, it's very
important that we put officers on the ground functioning, working, keeping our
people safe.
I often hear how difficult it is to recruit officers, yet, I know that's been a
historical pattern for asking this Council for Salary and Wages approval-and it's
been given all the time.
My concern is, often when we come to the end of the program year, we're raiding
the Salary and Wages funds to go into programs like this-I would like you and
the Department, sir, to re-establish your priorities and do everything you can to
put officers on the ground. I think that is our highest priority. And please try and
change the strategy in respect to getting approval for salaries and wages all the
time and at the end of the year shifting that into other projects. That's just
something the new guy notices and it concerns me. Thank you.
CHR. RIGA: Thank you. No more discussions? Madam Clerk.
The roll call vote on Resolution 71-05, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Jacobson, Higa, Isbell, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1
For informational purposes, Ms. Isbell voted "kanalua" and
aye' ;and Mr. Pilago voted "k~nalua" and "aye".)
CHR. HIGA: Thank you.
Page 55
Hawaii County Council - 10 Apri12Q 2005
MR. OSORIO: Thank you. We also have Sergeant Veriato on Bill 57.
CHR. HIGA: Yeah.
MR. OSORIO: Thank you.
CHR. HIGA: Madam Clerk.
ORDINANCE Amends Ordinance No. 04-74, as Amended, the Operating Budget For
BILL NO. 57 the County of Hawaii for the Fiscal Year Ending June 30, 2005.
FC-66 Increases revenues in Federal Grants -Speed Enforcement ($26,000);
COMM. 165j:appropriates same to Speed Enforcement. Additional funds would be
used to purchase two speed boards displays with trailers, which would
alert drivers of the speed they are traveling in hopes of reducing those
that exceed the limit resulting in a decrease in the number of motor
vehicle collisions.} (Introduced by Ms. Isbell.)
Mr. Ikeda moved for the passage of Bill 57 on first reading
and to adopt Finance Committee Report 66. Seconded by
Mr. Pilago.
CHR. HIGA: Thank you. Any discussion? Dr. Holschuh.
MR. HOLSCHUH: Thank you. You don't have to come up unless you want to.
But I just want to say that, again, today I was driving through Pepe`ekeo
following about six cars that were going significantly over the speed limit-not
much, but a little bit-and, all of a sudden, they all slowed down and I thought
something ran in the road and-lo and behold, it was this doggone sign again.
This thing is I mean, everybody slowed down to match that number. I swear,
we ought to get more of these. And, maybe, you can come forward and just make
a comment--but this is unbelievable, this thing. And I've seen this every darn
time I've come in, in the last month that it's sitting there in Pepe`ekeo.
Everybody slows down-and, maybe, they speed up after they go past it but it
makes people think. No question.
At this time, Mr. Dexter Veriato, Sergeant, Police
Department, came forward to address the Council
Members.)
MR. VERIATO: Thank you. Well, basically, we have four of these trailers right
now--and the State of Hawaii and our Department feels that it's a combined
effort of enforcement and education. And the DOT has graciously offered us this
money to purchase two more trailers for the west side because of all of the
concerns with Queen Ka`ahumanu and the Kona side.
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Hawaii County Council - 10 Apri120, 2005
MR. HOLSCHUH: Well, thank you for that. And one other thing I just wanted
to say is right-I didn't realize what the speeding fine was. I never thought-I
haven't been caught speeding for many, many years. But, doggone it, there's a
sign right there that says "speed limit". It has the "fine" listed underneath it, right
after this thing. So that's a pretty big impact. Believe me. I think it was $250, if
I'm not mistaken. It was under the sign.
MR. VERIATO: Yeah. And-yes.
MR. HOLSCHUH: Pretty good. Anyway, keep up the good work.
MR. VERIATO: Thank you.
MR. HOLSCHUH: Thank you, Mr. Chairman.
CHR. HIGA: You must have been flying there, Dr. Holschuh, at $250.
MR. HOLSCHUH: No.
CHR. HIGA: Council Member Jacobson.
MR. HOLSCHUH: No. I (inaudible).
CHR. HIGA: Oh, okay.
MR. JACOBSON: Well, I passed by one of these devices this morning and,
actually, it not only scares people and makes them slow down but those of us I
actually looked and my speed was 55. I felt really good. It was positive re-
enforcement. I may have gone faster and slower at other times but, today, I went,
Yeah, man". And it actually made me feel good-I didn't feel scared or nervous.
People were behaving around me. It was a great thing.
And so, I think this is a simple aid that, hopefully, will take a little bit of heat off
some of the cops for all the work that they have to do. So thank you,
Mr. Chairman.
CHR. HIGA: Thank you, Mr. Jacobson. Mr. Hoffmann.
MR. HOFFMANN: Thank you. Just a technical question, Sarge they catch
you can note the speed going in both directions, right? A car going by with the
back to the speed the locator. Correct?
MR. VERIATO: Well, actually, in the trailer itself there's a radar that affixes on
cars approaching. So we can get cars coming this way. But, usually, not from the
back because the radar just usually catches cars coming from the front.
Page 57
Hawaii County Council - 10 April 20, 2005
MR. HOFFMANN: Really? Okay. Well, that-thank you. I mean, that just
clarifies something.
MR. VERIATO: We could set them up to have a radar on each side. [t's very
possible.
MR. HOFFMANN: Okay. T understand what you mean. I just got some very
conflicting things. I'm running along in a 35-mile speed zone and my thing
flashes " 37"-it seems that it's going there and then I get a 50-mile-an-hour guy
and I'm saying, "Oh, that's got to be the guy in the other lane going away". So
I but thank you. It was just my curiosity.
CHR. RIGA: Thank you, Mr. Hoffinann. No more discussion. Madam Clerk.
The roll call vote on Bill 57, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik- 1.
CHR. HIGA: Okay. Passes first reading. Indulge the Council Members we
have a heavy agenda. It's getting late. I want to take-I want to recess for lunch
but we're going to reconvene at 1:30.
MR. ARAKAKI: Can we just take a couple guys who's sitting over here so they
can leave--like Mr. Mooers and
CHR. HIGA: I think, Mr. Mooers, I promise to put you first right afrer, if you
don't mind. You know why? We have some scheduling conflicts right now
going on behind the scenes that I want to try to take care. So, with the indulgence
of my colleagues, we'll recess and reconvene at 1:30. We have a 55-minute
lunch. Okay? Thank you. We will recess.
RECESS:At 12:37 p.m., the Chair called for a recess.
RECONVENE:The meeting reconvened at 1:43 p.m., with all Members present, with the
exception of Mr. Arakaki and Mr. Safarik.
CHR. HIGA: We're back in session. We havewe should we have five.
MR. IKEDA: Yes, we have five.
Page 58
Hawaii County Council - 10 April 20, 2005
CHR. HIGA: All right. Madam Clerk, again, trying to be fair to everyone who's
in attendance today-if we could move Bill 61, 62, and 63?
MS. KIRIU: Okay.
CHR. HIGA: Thank you.
MS. KIRIU: And then, also, there's a firefighter thing.
CHR. HIGA: Yeah. We're going to-we'll go right down, then I have a couple
lists and we'll take care of him.
ORDINANCE Amends Section 25-8-2 (North and South Kona District Zone Map),
BILL NO. 61 Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by
DRAFT 2)Changing the District Classification From Agricultural (A-20a) to
P( C_14)Agricultural (A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax
COMM. 173.1):Map Key 7-3-26:11 (approx. 20.475 acres). Kristina Deutsch,
Applicant.} Introduced by Mr. Hoffinann and Mr. Pilago.)
Mr. Hoffinann moved for the passage of Bill 61, Draft 2, on
first reading and to adopt Planning Committee Report 14.
Seconded by Mr. Pilago.
CHR. HIGA: Any discussion? Mr. Jacobson.
MR. JACOBSON: As usual, I will be voting against this. I've never been able to
see the wisdom of cutting up the forest to save it. So I will be getting again,
voting against this type of application. Thank you.
CHR. HIGA: Thank you, Mr. Jacobson. Mr. Holschuh.
MR. HOLSCHUH: Yeah, thank you, Mr. Chairman. I just wanted to be sure we
changed the fair share contribution. It did get changed, did it not?
MS. KIRIU: Yes, it did.
MR. HOLSCHUH: Okay. Great. And that's on all three of these I won't repeat
the same thing.
MS. KIRIU: Yes.
MR. HOLSCHUH: Thank you. We want to be kind to our people in the
community. Thank you, Mr. Chairman.
Page 59
Hawaii County Council- ]0 April 2Q 2005
CHR. HIGA: Thank you, Mr. Holschuh. Any more discussion? If not, Madam
Clerk.
The roll call vote on Bill 61, Draft 2, was as follows:
AYES:Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Pilago, and Chair Higa - 6.
NOES:Council Member Jacobson -1.
ABSENT & EXCUSED:Council Members Arakaki and Safarik - 2.
CHR. RIGA: Thank you. It passes first reading.
ORDINANCE Amends Section 25-8-2 (North and South Kona District Zone Map),
BILL NO. 62 Article 8, Chapter 25 (Zoning Code) of the Hawai `i County Code, by
DRAFT 2)Changing the District Classification From Agricultural (A-20a) to
P( C_15)Agricultural (A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax
COMM. 174.1):Map Key 7-3-27:7 (approx. 20.254 acres). Bruce B. Easley,
Applicant.} Introduced by Mr. Hoffrnann and Mr. Pilago.)
Mr. Pilago moved for the passage of Bill 62, Draft 2, on
first reading and to adopt Planning Committee Report 15.
Seconded by Mr. Holschuh.
CHR. HIGA: Any discussion? Mr. Jacobson.
MR. JACOBSON: As mentioned before, I will be voting against this. It destroys
the forest in the words of saving it. And so, thank you.
CHR. RIGA: Thank you. Any further discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 62, Draft 2, was as follows:
AYES:Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Pilago, and Chair Higa - 6.
NOES:Council Member Jacobson - 1.
ABSENT & EXCUSED:Council Members Arakaki and Safarik - 2.
CHR. HIGA: Passes first reading.
MR. HOFFMANN: I promise I'll say "aye" the next time, Mr. Chair.
Page 60
Hawaii County Council - ]0 Apri] 20, 2005
CHR. HIGA: Thank you.
MR. HOFFMANN: I'm sorry. I don't know
CHR. HIGA: I didn't want to leave you out there by yourself. That's why I did
that.
MR. HOFFMANN: Thank you. I appreciate it.
CHR. HIGA: Bill 63.
ORDINANCE Amends Section 25-8-2 (North and South Kona District Zone Map),
BILL NO. 63 Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by
DRAFT 2)Changing the District Classification From Agricultural (A-20a) to
PC-16 Agricultural (A-l0a) at Kaloko, North Kona, Hawaii, Covered by Tax
COMM. 175.1):Map Key 7-3-27:6 (approx. 21.695 acres). Matthew K. Mather,
Applicant. } (Introduced by Mr. Hoffinann and Mr. Pilago.)
Mc Hoffmann moved for the passage of Bill 63, Draft 2, on
first reading and to adopt Planning Committee Report 16.
Seconded by Mr. Pilago.
CHR. HIGA: Any discussion? Mr. Jacobson.
MR. JACOBSON: Unfortunately, this doubles the density. It's more of the death
of the forest and watershed by 1,000 cuts. I will oppose this bill. Thank you.
CHR. HIGA: Okay, Mr. Jacobson. Any further discussion? If not, Madam
Clerk.
The roll call vote on Bill 63, Draft 2, was as follows:
AYES:Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Pilago, and Chair Higa 6.
NOES:Council Member Jacobson - 1.
ABSENT & EXCUSED:Council Members Arakaki and Safarik - 2.
CHR. HIGA: Thank you. Passes first reading. We're going to move toyou
know what? Since Mr. Fuke is so kind, let's take the Fire Department.
MR. HOLSCHUH: Since he's so kind, let him sit there. He's such a nice fellow.
Page 61
Hawaii County Council - ] 0 April 20, 2005
RESOLUTION Commits to Funding the Cost Items Awarded to the Hawaii Fire Fighters
NO. 69-OS Association by Arbitration, Affecting Fire Fighters in Bargaining Unit 11 for
FC-74 the Contract Period July 1, 2005 Through June 30, 2007. Cost items are
COMM. 192):across-the-board increases, step movements, and a bureau opportunity
benefit incentive. } Introduced by Ms. Isbell.)
Ms. Isbell moved for the adoption of Resolution 69-OS and
Finance Committee Report 74. Seconded by
Mr. Holschuh.
CHR. HIGA: Okay. Any discussion? Mr. Jacobson.
MR. JACOBSON: It's only right and proper that we should approve this
arbitrated agreement. [feel that we are obligated under law and by our own moral
code. So thank you. I will be supporting this.
CHR. HIGA: Thank you. Any further discussion? If not, Madam Clerk.
The roll call vote on Resolution 69-05, was as follows:
AYES:Council Members Hoffinann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa - 7.
NOES:None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik - 2.
CHR. HIGA: Thank you. It passes first reading. Oh, is that the only one you
had? Okay. Let's move on to Bill 60.
ORDINANCE Amends Section 25-8-7 (North and South Kohala District Zone Map),
BILL NO. 60 Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by
P( C-13)Changing the District Classification From Agricultural (A-Sa) to Family
COMM. 1721:Agricultural 3-Acre (FA-3a) at Kahua ls`, North Kohala, Hawaii,
Covered by Tax Map Key 5-9-6:5 (approx. 7.740 acres). Kimi Cook-
Walls and Robert Walls, Applicant.} Introduced by Mr. Pilago and
Mr. Hoffinann.)
Mr. Hoffmann moved for the passage of Bill 60 on first
reading and to adopt Planning Committee Report 13.
Seconded by Mr. Holschuh.
CHR. HIGA: Any discussion? Hearing none, Madam Clerk.
Page 62
Hawaii County Council - 10 April 20, 2005
The roll call vote on Bill 60, was as follows:
AYES:Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Pilago, and Chair Higa-6.
NOES:Council Member Jacobson - 1.
ABSENT & EXCUSED:Council Members Arakaki and Safarik - 2.
CHR. HIGA: Okay. Pass Bi1160 passes first reading. Bi11367, Madam Clerk.
ORDINANCE Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25
BILL NO. 367 Zoning Code) of the Hawai `i County Code, by Changing the District
DRAFT 2)Classification from Agricultural (A-la) and Resort-Hotel (V-1.25) to
2002-2004)Multiple Family Residential (RM-2.5) at Auhaukeae 151, North Kona,
PC-124 Hawaii, Covered by Tax Map Key 7-5-9:67 and Portion of 54 (Parcel "A"
COMM. 848.21:approx. 169,792 square feet; and Parcel "B" approx. 103,751 square feet).
Kona Hale Ali`i, LLC, Applicant.} (Introduced by Mr. Elarionoff;
Deferred on December 21, 2004.); and
COMM. 848.3 From Planning Program Manager Norman Hayashi, Planning Department,
2002-2004):dated December 13, 2004; and
COMM. 848.5 From Planning Consultant Sidney M. Fuke, dated January 18, 2005; and
2002-2004):
COMM. 100:From Planning Director Christopher J. Yuen, dated February 8, 2005; and
COMM. 100.1:From Sidney M. Fuke, Planning Consultant, dated Apri18, 2005; and
COMM. 100.2:From Planning Committee Co-Chairs Pete Hoffmann and K. Angel Pilago,
dated April 19, 2005, transmitting Bill 367, Draft 3. Draft 3 amendments
relate to the following: Amends Condition J; adds new Condition L, M, and
P; re-letters Condition L to N, M to O, N to Q, O to R; and re-letters
Conditions P, Q, R to S, T, and U; and Parcel "A" now correctly reads
169,792 square feet instead of 169,762 square feet on the map.
MS. KIRIU: We also have a Communication 100.2 from Planning Co-Chairs
Pete Hoffinann and K. Angel Pilago, dated April 19r~, 2005, transmitting Bi11367,
Draft 3.
Mr. Hoffinann moved for the passage of Bill 367, Draft 2,
on first reading and to adopt Planning Committee
Report 124. Seconded by Mr. Ikeda.
CHR. HIGA: Okay. Any discussion? Mr. Hoffmann first.
Page 63
Hawaii County Council - 10 April 20, 2005
MR. HOFFMANN: Thank you, Mr. Chairman. I have before us a Draft 3 for
proposed Bill Number 367, which is before each one of the Council Members. I
would like to make, therefore, an amendment to Bill 367, Draft 2, with this
particular motion that's in front of you. And after I have a second, I'd like to
explain.
MR. JACOBSON: Second.
MR. HOFFMANN: Thank you very much.
CHR. HIGA: Okay. Discussion on the amendment.
MR. HOFFMANN: Thank you, Mr. Chairman, and, again, this has been around
for quite a while. Obviously, this particular application was initially proposed
prior to our coming to the Council.
I'm satisfied that what we've tried to do here is to work with the developers in
ensuring that we do have, first of all, a good development~ne that promotes the
principles, in any case, of smart growth in the middle of Kailua-Kona--one which
takes into it, certainly, some attention the idea of concurrency.
Specifically, we've discussed this with the developer and Draft 3 proposes as
one of the initial amendment changesto make sure that this particular
development is not occupied prior to the conclusion of the Kuakini Highway
extension project. We've also worked with the developer to make sure that the
affordable housing units-instead of being only 20% of the additional number of
units that he wrote that is now at 40°/~ of the additional 12 units that have been
added to this effort.
And while I don't want to make this appear as though this is a monumental effort
on anyone's part, it is a significant change, 1 think, in the manner in which we can
approach developers on this nature. They, obviously, recognize or at least in this
instance, have recognized the importance of smart growth, affordable housing,
and concurrency all of which, although very small steps, perhaps, in the total
picture nevertheless represents a change in direction and tenor in which we have
approached this particular project. And I'd like to ask my Co-Chair to also speak
to the other portion of this amendment, which he's worked extensively on as far
as the archeological preservation and treatment plan, if I could yield the floor.
CHR. RIGA: Mr. Jacobson, do you mind? You were next or
MR. JACOBSON: No. Feel free. I'd rather hear
CHR. RIGA: Thank you.
Page 64
Hawaii County Council - 10 April 20, 2005
MR. JACOBSON: Angel speak right now.
CHR. HIGA: Thank you. Mr. Pilago.
MR. PILAGO: Thank you, Mr. Jacobson. Thank you, Chairperson Higa. I
disagree with Co-Chair. I think this is a very important place that we're on and I
think this is a very significant document, as it sets a model for what maybe all
future discussion that Council Members and this Council have in respect to
applicants.
I would like to speak to Condition "L" and I'll read it through. There was a new
Condition "L" included. "The applicant shall identify an entity that would be
responsible for the management and care of archaeological/cultural features...".
And it goes down Within 60 days of identification of this entity, this area, with
the concurrence of the County Council, shall be conveyed via lease or fee to the
identified entity for $1.00." To me, this is an important statement to imbed
because it gives this Council the means to decide who this cultural entity is to
help with the management of native resources.
So, what it does is this Council plays a large part in not only deciding who this
entity is but also in the conveyance and the conveyances. It could be in lease or
fee for $ l . So that's important because there are agricultural and historical lands
that should not and cannot be altered in any way or if they are identified and
applicable, they can be rehabilitated. So, it's these kinds of things that's critically
important that we include.
So, in addition to the issues of concurrency, fair share contributions,
landscaping--we come with this very important part where we identify a native
community and seek ways to incorporate that native community into the planning
processes and, actually, to give them a powerful voice. So I'm in favor-strongly
in favor-of this application.
The other thing is a human element between applicant and Council people as,
specifically, Co-Chair Hoffmann, myself, and applicant--Consultant Fuke. The
discussions have been numerous and ongoing because there was a lot of
consideration going back and forth. I give credit to the applicant for having
giving a lot of consideration to those issues that are important to us. I urge
support of this long overdue document. Thank you, sir.
CHR. RIGA: Thank you, Mr. Pilago. Mr. Jacobson.
MR. JACOBSON: Could I have Sidney and the applicant step forward for a
moment?
Page 65
Hawaii County Council - 10 April 20, 2005
At this time, Mr. Robert E. Saunders, Applicant, and
Mr. Sidney Fuke, representative of the Applicant, came
forward to address the Council Members.)
MR. JACOBSON: I'm going to be proposing an amendment. One of the
testifiers earlier today mentioned that it might be an okay idea or a good idea,
rather, to modify Condition "M" and I'll just read my changes.
Under the second sentence, it currently reads, "Said plan shall reflect, where
feasible, the use of indigenous and water-conservative plants and comply with the
guidelines outlined in the Planning Department Rule No. 17...".
AMENDMENT:I would like to move to modify this to delete the words "indigenous and", and
following the words "plants" delete the word "and." So it would read, "Said plan
shall reflect, where feasible, the use of native water-conserving plants to comply
with the guidelines outlined in Planning Department Rule No. 17 relating to
landscaping". So, before I ask for a second on that, I'd like to see if the applicant
or Mr. Fuke has any ideas on this-whether this is a friendly amendment or
whether they can accept it or not.
MR. HOLSCHUH: Why don't I second it for discussion?
MR. JACOBSON: Well, I don't need it seconded, yet.
CHR. HIGA: Not yet. I think he's asking a question first before he makes that
motion. That's the way I'm looking at it, Mr. Jacobson.
MR. JACOBSON: How do you guys react to that suggestion?
MR. FUKE: I think we're all-Mr. Chairman, and Members of this Council, I
think that, in concept, it's okay. But we would like to retain the word "and"
because what you want to do is, like, both have "native as well as" and where
you can't have "native", "water-conserving plants". But if you just say "native
water-conserving plants", then it restricts all of the plant material to just be native.
MR. JACOBSON: But, otherwise, that would be acceptable?
MR. FUKE: Correct.
AMENDMENT MR. JACOBSON: So, thanks for your indulgence. At this point I will make that
RESTATED:suggestion Native and water conserving plants". And, in that, "to" instead of
an "and" after "plants" is okay?
MR. FUKE: Correct. Yes. Right.
Page 66
Hawaii County Council - 10 April 20, 2005
MR. HOLSCHUH: Second.
MR. JACOBSON: "To comply with the guidelines". Thank you.
CHR. HIGA: So, Madam Clerk, we can vote on Mr. Jacobson's motion? He's
amending what's-
MS. KIRIU: Yes.
CHR. RIGA: On the floor now from Mr. Hoffinann. Correct?
MS. KIRK: That's correct.
CHR. HIGA: So we have a second. Any discussion on that amendment? If not,
we'll just signify by-all those in favor signify by saying "aye".
The voice vote to amend Bill 367, Draft 3, was as follows:
AYES:Council Members Hoffinann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa - 7.
NOES:None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik - 2.
MR. JACOBSON: Okay, thank you. I had another question, if I may, at this
point. Just in looking at this, probably I should understand this, but it appears that
only-not all of the units are going to be subject to the Affordable Housing
Policy, right? Because some of the approvals were given on parts of the projects
before?
MR. FUKE: That is correct. Like the impact fee, it would be applicable only to
the additional units over and beyond what's entitled, however, inasmuch as there
is understanding with this concern for affordable housing. In my discussions-
ourdiscussions with the Co-Chairs of the Planning Committee, it became
painfully evident that affordable housing is a critical issue and so, the
Mr. Saunders and his people went back to their drawing boards and tried to see
whether they could accommodate more. And so, this proposed amendment, as
initiated by both of the Co-Chairs, reflects the developer's commitment to provide
additional units on the property or within-to satisfy a 40% rather than the 20%.
I think, overall, like, if you look at the proposed amendments, the Council--if this
is approved, like, will set a higher bar in terms of for standards-not only for
Page 67
Hawaii County Council - 10 Apri12Q 2005
archaeological cultural resources, affordable housing, and overall infrastructure
and concurrency issue. And I think that this bar, although set high, is something
that the developer is prepared to meet the challenge.
MR. JACOBSON: Well, given the fact that this is where we want to put our
density, and the fact that the Kona representatives believe so strongly in this, and
the fact that the developer the applicant, himself, has worked so hard to work
with us I give my support to this project. So thank you. I yield the floor.
CHR. HIGA: Thank you, Mr. Jacobson. Mr. Ikeda, you're next.
MR. [KEDA: Yes. too, would like to make amendments but maybe I don't
have to--like, I had asked Sidney earlier, my concerns was underground lighting.
So, as you had stated, most of your lighting within yours is going to be
underground lighting from the post in your--
MR. SAUNDERS: Yeah. We won't have--
MR. IKEDA: You won't have
MR. SAUNDERS: Poles strung from light fixtures no. It'll be all trenched
the power distribution will be underground.
MR. IKEDA: All underground. So I don't have to make any amendment. I
would like to make to make an amendment. I would like to your ordinance to
have covenants where you're going to restrict-right now, we're having a lot of
problems with farm animals in residential areas.
So I would like to have a covenant restricting your subdivision to "domestic
animals only" and limit-so, no farm animals. And limit your animals-maybe
one or two at the very most if you guys can have a covenanter "no animals" if
possible. And that also leads to the second section where we're having a lot of
problems with barking dogs and so forth. So I would like to have covenants on
the boom boxes and barking dogs also.
MR. SAUNDERS: Well, I know we've talked to the management company on
their ideas on this and definitely, with the farm animals, there will be a covenant
to restrict all that. With regard to domestic animals, quite frankly, we haven't
taken it Chat far in terms of the number of animals or the weight of the dogs all
those kinds of things.
It's sufficient to say that we're going to want to make sure the people who buy
into this project are not awoken in the middle of the night and don't have these
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Hawaii County Council - 10 Apri12Q, 2005
problems. So, if you wish to put in language, we'll certainly work with you,
otherwise, 1 would say it's going to be in our best interest to address the very
issues that you are raising right here.
MR. IKEDA: Right. So I think I would like to amend this and have the
developer put in a covenant whereby they restrict animals where restrict the
number of animals and no farm animals in the development.
MR. JACOBSON: Where?
AMENDMENT:MR. IKEDA: There's no section. So we have to add it in later. Because these
are the problems we're addressing right now-roosters and so forth. So I'll make
a motion that the covenant is to restrict farm animals and the number of animals
within the subdivision and also about boom boxes.
CHR. HIGA: Is there a second to that motion?
MR. HOFFMANN: Well, I'll second the motion for discussion purposes. Okay.
CHR. HIGA: Okay. We're in the discussion phase. Mr. Fuke, you want to
address that?
MR. FUKE: Sure. Yeah. As Mr. Saunders had indicated, this whether it's
stated or not, it will be part and parcel of the overall development package. And,
if this is a legitimate concern-and we understand from Mr. Ikeda's perspective
that it is a legitimate concern. What we would tike to recommend, if this is the
wish of the Council, that between now and second and final reading we can come
up with the proposed language that would address specifically Mr. Ikeda's
concern. And we would consider that, like, how we did with the "native" and
indigenous" plants~onsider that as a friendly amendment.
CHR. RIGA: Okay. We're speaking on Mr. Ikeda's motion. So, Ms. Isbell, I
think you want to you're talking on the main motion, right?
MS. ISBELL: I had an amendment.
CHR. HIGA: Okay. All right. So, let's talk on-Mr. Hoffmann~n Mr. Ikeda's
motion.
MR. HOFFMANN: Thank you. Thank you, Mr. Chairman. I think I understand
what Council Member Ikeda is after and I certainly salute that, particularly, as we
look ahead at other developments-particularly, in what can be considered an
urban core area where there's high density of people.
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Hawaii County Council - 10 April 2Q 2005
I would like to have Mr. Fuke's assistance, then, and the language that he might
be able to come up with can easily be presented at the next hearing if we agree in
principle, Mr. Ikeda, that we want to see an amendment along this line-
MR. IKEDA: That's right.
MR. HOFFMANN: We might want to withdraw the amendment to do that right
now--
MR. IKEDA: Okay.
MR. HOFFMANN: Pending the language that we would come up with. And I
would say that maybe we need to reinforce this occasionally although that the
new Bi114---that will look at animal behavior overall that Mc Jacobson and the
rest of us working on~ould be cited, specifically, in this particular instance
whatever that final action might be. I think it's a good thing to expressly state
that, occasionally, in instances like this. But I'd be very much interested in
hearing what Mr. Fuke has to say. Don and I would ask that maybe we'd want
to--let's withdraw your motion pending what Mr. Fuke would come up with prior
to the next reading on this and then we can proceed.
AMENDMENT MR. IKEDA: Okay. I'll withdraw my motion.
WITHDRAWN:
CHR. HIGA: You're withdrawing your motion?
MR. HOFFMANN: Thank you, Mr. Chairman.
MR. HOLSCHUH: Mr.
CHR. HIGA: What was that?
MR. HOLSCHUH: Well, I kind of wanted to ask a question before this
withdrawal.
MR. IKEDA: Sure. Go ahead.
MR. HOLSCHUH: s that all right?
MR. IKEDA: Yes.
MR. HOLSCHUH: I mean, I can ask it at the main motion.
CHR. HIGA: ll indulge I mean, he withdrew his motion, but go ahead. I71
Page 70
Hawaii County Council - 10 April 20, 2005
MR. HOLSCHUH: Well, I just I don't disagree with the problems of animals
that keep people up all night. Nobody hates this more than I, myself. Believe me.
But have we ever done this before in a specific project like this? Do you know,
Madam Clerk? Specifically
MS. KIRK: I'm not aware of any.
MR. HOLSCHUH: I'm not saying we shouldn't look at it. I mean, numbers of
animals. If somebody wants to have three cats and they keep them inside-this is
a little tricky. And that was my only concern.
CHR. HIGA: Thank you, Dr. Holschuh. Go ahead, Mr. Ikeda. You want to
respond?
MR [KEDA: Okay. At this present time, farm animals in residential azeas aze
being enforced by our Planning Department. I believe there is a restriction-ter
supposedly restriction-about six animals, if I'm not mistaken. But it's they're
not enforcing the six animals. But there is a restriction or enforcement on farm
animals in residential area.
MR. HOLSCHUH: Oh, yeah. I can, certainly, see they're not going to want a pig
in their corridors. I mean
MR. IKEDA: No, but it's happening.
MR. HOLSCHUH: I don't mean to be joking about it, but you're right. Yeah.
This could be a problem but domestic animals and the numbers-that's pretty
tricky and I'm still a little concerned about that.
CHR. HIGA: Okay. Thank you.
MR. HOLSCHUH: So you can come up with something and
CHR. HIGA: Thank you. Mr. Pilago, did you have a comment? Or you want
to
MR. PILAGO: A comment.
CHR. HIGA: A comment? Go ahead.
MR. PILAGO: Both Co-Chair Hoffmann and myself have been privileged to
work with this applicant and consultant. And, out of those discussions, we've
been able to negotiate and compromise and broker a fair document.
Page 71
Hawaii County Council - ] 0 April 20, 2005
What I would ask Councilman Ikeda to consider if he would be willing to meet
with Consultant Fuke, and try to draft the words and present it because this is only
the first reading.
MR.IKEDA: Right.
MR. PILAGO: We have another opportunity-
MR. [KEDA: Right. This is the reason I withdraw my motion and I will work
with Mr. Fuke.
MR. PILAGO: Oh, thank you. I would like it to move forward.
CHR. HIGA: Okay. Thank you.
MR. PILAGO: Thank you, sir.
CHR. HIGA: Okay. We're back on to the motion and Ms. Isbell, you have the
floor.
MS. ISBELL: Well, I have to pull a Dr. Holschuh on I found a typo. No,1 just
want to make sure we get it right. On Page 3, in Part 1, there's an extra "the". It
just needs to be taken out because it doesn't make any sense the way it's written.
CHR. HIGA: Page 3, where?
MS. ISBELL: Page 3 under Item Number 1, where it says $3,061.27 and then
underlined it says, "or, if the County Council so agrees, directly to the entity so
designated under condition L to [the] further the".
Note: This "typo" is contained in the cover letter in Communication 100.2,
which transmitted Bill 367, Draft 3.)
CHR. HIGA: Got it.
MS. ISBELL: It just needs to be-it's just a typo but
MR. (KEDA: Oh.
CHR. HIGA: It's basically to further instead of yeah. Take the-
MS. ISBELL: Itjust needs a "the" removed.
CHR. HIGA: Take the "the" out.
Page 72
Hawaii County Council - 10 Apri120, 2005
MR. HOLSCHUH: Two "the's".
MR. JACOBSON: So is that a motion?
MR. HOLSCHUH: Moved and seconded.
MR. HOFFMANN: I think that's a friendly motion.
MS. ISBELL: It's a motion to remove the word "the" and to make it
typographically correct.
MR. JACOBSON: Second.
CHR. HIGA: It's a typo. We have a second from-you know what? We'll go
ahead and take care--all those in favor say "aye".
The voice vote, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. RIGA: Done. Thank you. Anything else?
MS. ISBELL: That's all.
CHR. HIGA: Okay. Thank you. Dr. Holschuh.
MR. HOLSCHUH: Are we on the
CHR. HIGA: We're on the main we're on the motion of-we approved Draft 3.
So we approved this already. This is the main
MR IKEDA: It's amended.
CHR. HIGA: As amended yes.
MR. HOLSCHUH: We approved Draft 3? We amended Draft 3? Yeah. [just
wanted to make a comment and thank Mr. Saunders and Mr. Fuke and our two
Planning Co-Chairs. I think this is pretty cool, the way it came out. It really is
nice and I think it's a great improvement over what could have been there.
Page 73
Hawaii County Council - 10 Apri120, 2005
Mr. Chairman, may I-I don't expect Mr. Tyler to come forward but he's sitting
in the back. And I presume, from your discussions this morning-you can just
shake your head-I know you agreed with the Clerk's pronunciation of that long
word but because I saw you nodding your head-but, seriously, Mr. Tyler,
you're okay with this? You appreciate this? Two thumbs up in the back of the
room. So I'm very comfortable with this. Thank you very much, Mr. Chairman.
CHR. HIGH: Mr. Jacobson.
MR. JACOBSON: I'm going to go back and briefly touch on what Donald spoke
of earlier in Cerms of modifying this. But, I think, in terms of practicalities for
animals and boom boxes and those types of items I would suggest, perhaps, both
Sidney and Donald, when it comes to crafting some of this stuff, there maybe
some constitutional issues when it comes time to restrict the number of farm
animals-and that's where covenants are very, very convenient. That what we
can't do by County law, you can accomplish by covenants. I think in the
covenants, that's where we maybe able to make the most effective use of these
things. Pm not opposed to amending it, if necessary, but I think the practicality
and some of the constitutional issues-when it comes down to restricting boom
boxes or number of pets we maybe forced to ask the developer to make those
considerations in it. And I guess that's all I had to say. Thank you.
CHR. RIGA: Thank you, Mr. Jacobson. Mr. Pilago.
MR. PILAGO: For clarification, Mr. Chair, is the motion on Bill 367, Draft 2, as
amended by Draft 3?
CHR. HIGA: With Draft 3. That's con-ect.
MR. PILAGO: Thank you, sir.
CHR. HIGA: Yeah. As further amended by Ms. Isbell. That's correct.
MS. 1SBELL: And further again found another one.
CHR. RIGA: All right, Ms. Isbell. You have another friendly amendment?
FRIENDLY MS. ISBELL: Yes. These are all very friendly. Thank you. On Page 8 of the
AMENDMENT:yellow sheets on Line Number " 2" it should just have the word "to" in there.
After the "...$1,161 to the County to support police facilities". That's on Page 8
of the yellow sheet Item Number " 2". And it's just to-"to the County". This was
brought to my attention by one of our staff. So we just like to make it perfect.
MR. JACOBSON: Second.
Page 74
Hawaii County Council - 10 April 2Q 2005
CHR. RIGA: Okay. We have a second by Mr. Jacobson. All those in favor
signify by saying "aye".
The voice vote to further amend Bill 367, Draft 3, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - I.
CHR. HIGA: Okay. Amended, as further amended. Any more discussion on the
main motion, as amended with Draft 3, and other amendments? Hearing none,
Madam Clerk.
MS. KIRIU: So you haven't have you already voted on Draft 3?
CHR. HIGA: We already voted on Draft 3 so-
MS. ISBELL: Now we're back to the original.
CHR. HIGA: Now we're back~h, do we have to--we have to do Draft 2.
POINT OF ORDER: MR. HOFFMANN: Excuse me. A point of order, Mr. Chairman. I don't think
we voted on Draft 3, as amended. We voted on the amendments to Draft 3.
MS. ISBELL: Yeah. You're right.
MR. HOFFMANN: So we're back to Draft 3, first, and then
CHR. HIGA: As amended.
MR. HOFFMANN: As amended.
CHR. HIGA: Okay. All those in favor, as stated by Mr. Hoffmann, as amended,
signify by saying "aye".
Page 75
Hawaii County Council - 10 April 20, 2005
The voice vote to amend Bill 3fi7, Draft 2, with Draft 3, as further
amended, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Okay.
MS. ISBELL: Now we go back.
MR. HOFFMANN: Now we're back.
CHR. RIGA: Now we're back. Thank you.
MS. KIlZIU: Back to the main motion.
The roll call vote on Bill 367, Draft 4, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa- 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Okay.
MR. FUKE: Thank you very much.
CHR. HIGA: Was that the last one? Okay. Madam Clerk, whichever one you
want to start with is fine.
MS. KIRIU: Oh. From the beginning? Okay. We're starting from "Order of
Resolutions" in the middle of Page 2.
RETURN TO The Chair directed the Council to return to the regular order of business.
ORDER OF
BUSINESS:
ORDER OF The Chair directed the Council to proceed to the next order of business,
RESOLUTIONS:Order of Resolutions.
Page 76
Hawaii County Council - ] 0 April 20, 2005
RESOLUTION Authorizes the Payment of Funds of a Later Fiscal Year or of More Than
NO. 64-05 One Fiscal Year for aMulti-Year Lease of Real Property. Authorizes the
F( C_69)Fire Department to enter into atwo-yeaz lease for office space in Na`alehu to
COMM. 180):serve as a base of operations for an advanced life support ambulance unit.}
Introduced by Ms. Isbell.)
Ms. Isbell moved for the adoption of Resolution 64-OS and
Finance Committee Report 69. Seconded by Mr. Jacobson.
CHR. HIGA: Any discussion? If not, Madam Clerk.
The roll call vote on Resolution 64-05, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Resolution is passed. Next one.
RESOLUTION Authorizes the Office of the Mayor to Enter Into an Agreement with the
NO. 65-OS Hawaii Community Foundation, Pursuant to HRS 46-7, for the Community
FC-70 Oriented Policing Services (COPS) Grant for the Office of the Prosecuting
COMM. 181):Attorney. Awarded second year funding to continue the Drug Task Force
project, which is staffed by two deputy prosecuting attorneys, who would
complement the Police Department's enforcement efforts by providing
prosecution services with regard to warrant review, chazging decisions,
preliminary hearings, grand jury, trial and appeals.} Introduced by
Ms. Isbell.)
Ms. Isbell moved for the adoption of Resolution 65-OS and
Finance Committee Report 70. Seconded by
Mr. Hoffinann.
Page 77
Hawaii County Council - 10 April 20, 2005
CHR. HIGA: Any discussion? Hearing none, Madam Clerk.
The roll call vote on Resolution 65-05, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Okay. Resolution 65-OS is passed. One moment I just want to
acknowledge-Megan, can you hear us over there?
MS. MITCHELL: Yes,1 can.
CHR. HIGA: Thank you for being so patient and taking care of the Kona office.
Thank you.
MS. MITCHELL: Thank you, Chairman Higa.
CHR. HIGA: Okay. Madam Clerk.
RESOLUTION Creates a Housing and Community Development Specialist V Position for
NO. 66-OS the Office of Housing and Community Development (OHCD). This
FC-72 position would serve as a Housing Planner and would draft plans, long-range
COMM. 183):goals, and objectives for OHCD as well as conduct surveys and studies to
determine the demand for and the feasibility of developing new single family
or multi-family housing projects; conduct needs assessments to develop
plans, goals, and objectives; and assist with the negotiation and
implementation of affordable housing conditions.} Introduced by
Ms. Isbell, by request.)
Ms. Isbell moved for the adoption of Resolution 66-OS
Finance Committee Report 72. Seconded by
Mr. Hoffinann.
Page 78
Hawaii County Council - 10 Apri120, 2005
CHR. HIGA: Any discussion? Hearing none, Madam Clerk.
The roll call vote on Resolution 66-05, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. RIGA: Thank you. Resolution f>6-OS is passed.
RESOLUTION Transfers/Appropriates an Appropriation Out and From the Designated Fund
NO. 67-OS Account(s) and Credits Same to a Designated Fund Account(s).
F( C_73l Transfers/appropriates $22,500 out and from Clerk-Council Services -
ICOMM. 184):Contingency Relief account; credits to the following: Research and
Development Hawaii County Resource Center (Rural South Hilo
Community) ($5,000), Pazks and Recreation Parks Maintenance-Building
and Construction (Honomu Gym ADA accessible water fountain
replacement) ($2,500), Transfer to Capital Improvement Project Fund Parks
and Recreation, Capital Improvement Project Repairs to Facilities (Honoka`a
Park Improvements) ($15,000), for a total of $22,500. Funding would
include the following tasks: preparation of a study for the Rural South Hilo
area to provide a district vision in preparation for a regional community
development plan for the Hamakua coast area; the purchase and installation
of an ADA accessible water fountain for the Honomu Gym; and the
mitigation of a health hazard caused by a mite problem in the Honoka`a
Park. } Introduced by Mr. Holschuh).
Mr. Holschuh moved for the adoption of Resolution 67-OS
and Finance Committee Report 73. Seconded by
Mr. Jacobson.
CHR. HIGA: Any discussion?
MR. HOLSCHUH: May I make a quick comment. It seems a little strange, "the
mitigation of a health hazard caused by a mite problem". What we're doing is
cutting down this one kind of tree that is actually almost all down. And it's really
a tragedy. This one I think it's called Formosan Koa. It's all around the park
for some entomological reason, if that's the word. This mite grows in some
seedpods or the larvae that grows in seedpods, in this tree, only in this pazk, and
only in dry weather. And the kids are bitten by this mite and they're scratching
Page 79
Hawaii County Council - ]0 April 20, 2005
and getting infected. It's been going on and off for a of couple of years. And it
got outrageous-where we had hundreds and hundreds of signatures to please get
rid of the trees.
So the trees are going down and some of this money will help P&R with that and
then help replant some other trees other than~an harbor this mite. So thank you
for letting me explain. I know it reads a little weird here when you read this
what are we going to dothe mitigation of mites? That's what it's about. Thank
you.
CHR. RIGA: Thank you, Dr. Holschuh. Any further discussion? If not, Madam
Clerk.
The roll call vote on Resolution 67-05, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Okay. Resolution 67-OS is passed.
RESOLUTION Authorizes the Office of the Mayor to Enter Into an Agreement with the
NO. 70-OS United States of America, Pursuant to HRS 46-7, for the Justice Assistance
FC-75 Grant. Funds would support law enforcement, prosecution, prevention and
COMM. 193):education, corrections, drug treatment and planning, evaluation and
technology improvement programs, which would be administered by the
Office of the Prosecuting Attorney. } Introduced by Ms. Isbell.)
Ms. Isbell moved for the adoption of Resolution 70-OS
Finance Committee Report 75. Seconded by
Mr. Hoffinann.
CHR. HIGA: Any discussion? Mr. Jacobson.
MR. JACOBSON: Well, just as a point of information regarding what I was
talking about taking the-some of the fund the grants out of the budget
yesterday. This is an example of one of the many grants that we vote on~n a
daily basis. It's most proper that we do vote on them, so I'm happy to be voting
in favor of this and I'm happy this is one of those grants that we're able to vote
on--as we should be able to vote on all grants that come into the County. Thank
you.
Page 80
Hawaii County Council - 10 April 20, 2005
CHR. HIGA: Thank you, Mr. Jacobson. Any further discussion? Hearing none,
Madam Clerk.
The roll call vote on Resolution 70-05, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Resolution 70-OS is passed.
RESOLUTION Authorizes the Mayor of the County of Hawaii to Execute and Submit the
NO. 78-OS 2005 Action Plan and All Other Related Documents to the United States
CHA Department of Housing and Urban Development for the 2005 Community
COMM. 214):Development Block Grant and to the State's Housing and Community
Development Corporation of Hawaii for the HOME Investment Partnerships
and American Dream Downpayment Initiative Programs. (Introduced by
Mr. Hoffmann.)
Mr. Hoffmann moved for the adoption of Resolution 78-05.
Seconded by Mr. Jacobson.
CHR. HIGA: Any discussion? Hearing none, Madam Clerk.
The roll call vote on Resolution 78-05, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa- 8.
NOES:None.
ABSENT & EXCUSED:Counci] Member Safarik - 1.
CHR. HIGA: Thank you. Resolution 78-OS is passed.
RESOLUTION Transfers/Appropriates an Appropriation Out and From the Designated Fund
NO. 80-OS Account(s) and Credits Same to a Designated Fund Account(s).
WAIVED-FC)Transfers/appropriates $22,000 out and from Clerk -Council Services
COMM. 218):Other Current Expense, Miscellaneous Contract Services; credits to Clerk-
Council Services Other Current Expense, Rent of Land-Building ($16,000)
and Reprographic, RentaULease of Equipment ($6,000), for a total of
Page 81
Hawaii County Council - 10 Apri120, 2005
22,000. Funds would provide for the remaining rent for the Kona Office as well
as for anticipated copying charges for Fiscal Year 2005. } (Introduced by
Mr. Higa.)
Ms. Isbell moved for the adoption of Resolution 80-05.
Seconded by Mr. Pilago.
CHR. HIGA: Any discussion? Hearing none, Madam Clerk.
The roll call vote on Resolution 80-05, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Thank you. Resolution 80-05 is passed.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills
ORDINANCES:for Ordinances.
ORDINANCE Amends Chapter 25 (Zoning Code) of the Hawaii County Code
BILL NO. 64 Relating to Uses Within the General Industrial (MG) District. Adds
PC-17 commercial excavation" as a permitted use within the General
COMM. 176):Industrial (MG) District.} (Introduced by Mr. Pilago and
Mr. Hoffinann.)
Mr. Hoffmann moved for the passage of Bill 64 on first
reading and to adopt Planning Committee Report 17.
Seconded by Mr. Jacobson.
CHR. HIGA: Any discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 64, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - l .
CHR. RIGA: Okay. Bi1164 passed first reading.
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Hawaii County Council - 10 April 20, 2005
ORDINANCE Amends Chapter 2, Article 27, Section 2-153 of the Hawaii County
BILL NO. 65 Code, Relating to Revisions of the County Code. (Introduced by
F( C_671 Mr. Jacobson.)
COMM. 177):
Mr. Jacobson moved for the passage of Bi1165 on first
reading and to adopt Finance Committee Report 67.
Seconded by Mr. Pilago.
CHR. HIGA: Any discussion? Dr. Holschuh.
MR. HOLSCHUH: Thank you, Mr. Chairman. Mr. Tyler, could I ask you to
come up to the table for a second?
At this time, Mr. J. Curtis Tyler, III, former Council
Member, came forward to address the Council Members.)
MR. HOLSCHUH: Do you have acopy ofthis-Bill 65? If you'll flip over to
the second page I'm asking Mr. Tyler to come up because this is the "diacritical
marks king" of my tenure on the Council. I say that respectfully, Curtis. You
made more comments and Thad asked this question and
MR. TYLER: Page 2?
MR. HOLSCHUH: Yeah. This is the change to the Code. If you look under
Item "(8)", where it says "Correct the spelling...", does that include, in your mind,
the diacritical marks`? Does the word "spelling"-
MR. TYLER: Mr. Chairman, may I respond to Dr. Holschuh?
CHR. HIGA: Sure, please. Thank you.
MR. TYLER: Thank you, Dr. Holschuh, for an opportunity. Yes. I wrote next to
that "in accordance with the Code". In other words, the Code I'm sorry I don't
remember the section we passed it back in 1997 I think Ms. Kiriu remembers.
Essentially, I read that to mean that the appropriate diacriticals will be used. But
it needs probably, it either needs to say that or say "in accordance with the
Code" and, perhaps, you would have the Code section. I'm sorry 1 don't know
what it is right off hand.
MS. KIRIU: Yes, it's in Chapter 2. Actually, when I was meeting with
Mr. Kimura from the University of Hawaii at Hilo and Mr. Wilson-they both
said that what I'm talking about is spelling. And so, that's why I put that down.
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Hawaii County Council- ]0 April 20, 2005
MR. HOLSCHUH: So you think-I asked this last time, but since he's here I
wouldn't have made a big deal about this except we have this man here who
talked about this all the time-and I say that respectfully. So you're comfortable,
then, Connie, that spelling does it? We don't have to change this word?
MS. KIRIU: Yes. Well-and if we find anything that's a little more major than
just diacriticals or
MR. HOLSCHUH: Okay.
MS. KIRIU: If it starts to change the meaning then, certainly, we would come
back to the Council
MR. HOLSCHUH: Okay.
MS. KIRIU: With an amendment.
MR. HOLSCHUH: You okay with that, Mr. Tyler? Does that seem reasonable?
MR. TYLER: Yes, I am. I think that entirely encompasses everything.
MR. HOLSCHUH: Okay.
MR. TYLER: Because it might not just mean the diacriticals. It could be a
situation where the spelling is incorrect.
MR. HOLSCHUH: Okay. Thank you.
MR. TYLER: The emphasis was on the wrong syllable. Thank you.
MR. HOLSCHUH: Thank you for your expertise.
MR. TYLER: Thank you for asking.
MR. HOLSCHUH: Thank you, Madam Clerk. Mr. Chairman, thank you.
CHR. HIGA: Thank you. Mr. Jacobson.
MR. JACOBSON: Just to remind you what I said last time if you take a
spelling test when you were in Grade school, if you missed your diacritical marks,
you got it marked wrong so it's spelling. Thank you.
CHR. RIGA: Thank you, Mr. Jacobson. Any more discussion? Hearing none,
Madam Clerk.
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Hawaii County Council - 10 April 20, 2005
The roll call vote on Bill 65, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. RIGA: Thank you. Bi1165 is passed first reading.
ORDINANCE Amends Ordinance No. 04-74, as Amended, the Operating Budget for
BILL NO. 68 the County of Hawaii for the Fiscal Year Ending June 3Q 2005.
FC-71 Appropriates revenues in Federal Grants -Community Oriented
COMM. 1811:Policing Services -Prosecutors ($200,000); appropriates same to
Community Oriented Policing Services -Prosecutors.} Introduced by
Ms. Isbell.)
Ms. Isbell moved for the passage of Bill 68 on first reading
and to adopt Finance Committee Report 71. Seconded by
Mr. Pilago.
CHR. HIGA: Any discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 68, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Thank you. Bill 68 passes first reading.
ORDINANCE Amends Ordinance No. 04-74, as Amended, the Operating Budget for
BILL NO. 73 the County of Hawaii for the Fiscal Year Ending June 30, 2005.
F( C_761 Appropriates revenues in Federal Grants -Justice Assistance Grant
COMM. 193):115,645); appropriates same to Justice Assistance Grant.} (Introduced
by Ms. Isbell.)
Ms. Isbell moved for the passage of Bill 73 on first reading
and to adopt Finance Committee Report 76. Seconded by
Mr. Jacobson.
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Hawaii County Council - 10 April 20, 2005
CHR. HIGA: Any discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 73, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Bill 73 passes first reading.
ORDINANCE Amends Ordinance No. 04-75, as Amended, Relating to Public
BILL NO. 74 Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to
F( C-781 June 3Q, 2005. Adds POLICE: Microwave Relocation and System
COMM. 194):Renovation ($1,183,805); funds to be provided from General Fund
and/or Other Sources ($1,183,805).} Introduced by Ms. Isbell, by
request.)
CHR. HIGA: Ms. Isbell.
MS. ISBELL: Mr. Chair, I move to postpone Bill 74 until we get all of the
information I requested. And the more I think about it, the more I think it's
important that we have that-so that we can understand all of the implications of
the financing of the microwave towers.
MR. JACOBSON: Second.
CHR. HIGA: Any discussion? Hearing none-I think we'll just go by voice vote
on this. All those in favor of postponing Bill 74 signify by saying "aye".
The voice vote to postpone Bill 74, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. RIGA: Okay. The Bill is postponed.
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Hawaii County Council - 10 April 20, 2005
ORDINANCE Amends Ordinance No. 04-74, as Amended, the Operating Budget for
BILL NO. 81 the County of Hawaii for the Fiscal Year Ending June 30, 2005.
CHA Increases revenues in Federal-2005 HOME ($1,006,554);
COMM. 2121:appropriates to the following: Hualalai Elderly Housing Phase III
900,000), American Dream Downpayment Initiative ($21,554), and
Office of Housing and Community Development Administration
85,000), for a total of $1,006,554).} (Introduced by Mr. Hoffmann.)
Mr. Hoffinann moved for the passage of Bill 81 on first
reading. Seconded by Mr. Pilago.
CHR. HIGA: Okay. Any discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 81, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Thank you. Bill 81 passes first reading.
ORDINANCE Amends Ordinance No. 04-74, as Amended, the Operating Budget for
BILL NO. 82 the County of Hawaii for the Fiscal Year Ending June 30, 2005.
CHAT Increases revenues in Federal -Block Grant ($2,672,100); appropriates
COMM. 213):to the following: Removal of Architectural Barriers -Americans with
Disabilities Act Compliance- Various County Facilities ($1,523,069),
Boys and Girls Club -Phase 1 Renovations ($541,337), The Arc of Hilo
Expansion Plans and Design ($186,884), A Friendly Place -West
Hawaii One-Stop Homeless Resource Center ($90,000), Construction
Management ($180,810), and Administration, Planning and Fair
Housing (150,000), for a total of $2,672,100). } Introduced by
Mr. Hoffmann.)
Mr. Hoffmann moved for the passage of Bill 82 on first
reading. Seconded by Mr. Pilago.
CHR. RIGA: Okay. Any discussion? Hearing none, Madam Clerk.
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Hawaii County Council - 10 April 20, 2005
The roll call vote on Bill 82, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Thank you. Bill 82 passes first reading.
ORDER OF THE The Chair directed the Council to proceed to the next order of business,
DAY:Order of the Day.
ORDINANCE Amends Ordinance No. 04-75, as Amended, Relating to Public
BILL NO. 47 Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to
COMM. 143):June 30, 2005. Adds PARKS AND RECREATION: Waikoloa-
Ho`oko Street Park ($200,000); funds to be provided from General
Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other
Sources ($200,000). Additional funds to enable power to be supplied to
the park to provide both functional and security lighting for the new
pavilion, restrooms and parking lot that were in the original contracted
scope of work. } Introduced by Ms. Isbell; passed First Reading on
April 6, 2005.)
Ms. Isbell moved for the passage of Bill 47 on second and
final reading. Seconded by Mr. Hoffmann.
CHR. HIGA: Okay. Any discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 47, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Thank you. Bill 47 passes second and final reading.
ORDINANCE Amends Ordinance No. 04-75, as Amended, Relating to Public
BILL NO. 48 Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to
COMM. 144):June 30, 2005. Adds ENVIRONMENTAL MANAGEMENT: Queen
Lili`uokalani Large Capacity Cesspool Replacement ($500,000); funds
Yage 88
Hawaii County Council - 10 April 20, 2005
to be provided from General Obligation Bonds, Capital Projects Fund
Fund Balance and/or Other Sources ($500,000). Increases the existing
project's appropriation for the design in order to connect the Queen
Lili`uokalani subdivision, which is currently serviced by lazge capacity
cesspools, to the County sewer system via Kealaka`a Street and
Kealakehe Parkway. } (Introduced by Ms. Isbell; passed First Reading
on April 6, 2005.)
Ms. Isbell moved for the passage of Bill 48 on second and
final reading. Seconded by Mr. Pilago.
CHR. HIGA: Okay. Any discussion? Dr. Holschuh.
MR. HOLSCHUH: Yeah. I'm, kind of, confused. Is this the one Mr. Tyler
brought up this morning? Is it not? Mr. Ho, are you here to speak about this?
MR. HO: I could.
MR. IKEDA: Yes, please.
MR. HOLSCHUH: Would you mind coming forwazd?
At this time, Mr. Nelson Ho, Deputy Director,
Environmental Management Department, came forward to
address the Council Members.)
MR. HOLSCHUH: I just heard what Mr.~h, thank you. Mr. Ho, thank you for
being here. Good afternoon. I just heard what Mr. Tyler said this morning and, if
I understand correctly, this is a long route to carry from Queen Lili`uokalani, from
the housing project, to the sewer system. And, apparently, if I heard him
correctly, there was discussion that it would be septic systems built on this
property in lieu of doing that. So, which is it?
MR. HO: Well, I wasn't here I was in a meeting and didn't hear the direct-the
testimony, but [can fill you in on the project. And originally-yes, the Queen
Lili`uokalani Village cesspools were to go to septic. But since that initial look
was made, there've been a lot of projects, a lot of subdivisions coming on line.
We've identified State housing that wanted to hook up to any kind of sewer
system that we would propose. So we got our consultants, Belt Collins, to take
another look at it. And I think the preliminary analysis was that, yes, we could go
forward that there are possible alignments. Now, we don't have to go all the
way down to Queen Ka`ahumanu Highway. Is that---we would just go to the top
of Villages of La`i`opua-that's where there's existing sewers so we would just
hook into that.
Page 89
Hawaii County Council - 10 April 20, 2005
MR. HOLSCHUH: And that expense would be is that-what I'm looking at
here, ultimately eight million eight hundred.
MR. HO: That's correct. Eight million dollars is our very rough estimate without
the engineering studies. So we do want to get a firmer number, but that's our
placeholder number for right now.
MR. HOLSCHUH: How much would it cost-have-cost to do the septic
system? Do you have any idea?
MR. HO: I don't know. I'd have to go back and look for that.
MR. HOLSCHUH: It's an unfair question, I presume.
MR. HO: Yeah.
MR. HOLSCHUH: Okay. Well, Ms. Isbell, who's district is it? Yours? No?
MS.ISBELL: No. It's-
MR. HOLSCHUH: This is yours?
MS.ISBELL: Angel's.
MR. HOLSCHUH: May I address Mr. Pilago? Mr. Pilago, do you have any
thoughts on what Mr. Tyler said and what Mr. Ho said just now? Or shall we go
ahead-and I'm not trying to interfere with anything. I just was confused.
MR. PILAGO: Thank you very much for the concern. I favor passage of this
immediately because there's been a lot of work-this is one of those where
Department both Deputy and Director-met with community. And some of this
morning's testimony was in respect to that. So there's a lot of encouragement to
move this forward. I know this is a minimal amount and it's likely to he added on
later, but I would urge passage of it at this time.
MR. HOLSCHUH: When you say if I may respond to that.
CHR. HIGA: You still have the floor, Dr. Holschuh.
MR. HOLSCHUH: "Minimal amount", meaning the 500,000
MR. PILAGO: Correct.
Page 90
Hawaii County Council - ] 0 April 20, 2005
MR. HOLSCHUH: Certainly, but the-I am reading the right capital financial
impacts-that's 8,800,000. Is that the total amount to hook this up to La`i`opua?
MR. PILACiO: I don't know what total amount would be, sir, but I do encourage
its passage because, if we do not, then we could incur much more in the future.
MR. HOLSCHUH: Okay. Thank you. Thank you, Mr. Pilago. Thank you,
Mr. Chairman.
CHR. HIGA: Mr. Jacobson.
MR. JACOBSON: From my understanding of this project I fully support it. I
looked at it -being Chair of the Environmental Management Committee and I
looked at it. When this change came through, my first thought was that of
Curtis Tyler is that, "Oh, well, this is supposed to be something other than a
sewer line". But, frankly, looking at all the potential risks, hazards, and the
ultimate good of hooking everything up to the sewer system, I realize that this
was a very good project and I fully support this. Thank you.
CHR. HIGA: Mr. Arakaki.
MR. ARAKAKI: Thank you, Mr. Chairman. I do support this. So I think we
should sewer as much as we can, if we can within cost (inaudible). We going be
hooking up a lot more people along the way?
MR. HO: Yeah. There are significant housing, schools-
MR ARAKAKL• That's terrific.
MR. HO: That would be
MR. ARAKAKI: That's terrific.
MR. HO: Sewered.
MR. ARAKAKI: Yeah. We should be doing this. If you have a choice between
septics and sewers, sewers is always the better way to go. So I do appreciate your
guys effort. Thank you.
CHR. HIGA: Mr. Pilago.
MR. PILAGO: Thank you, Mr. Chair. Thank you, Deputy Ho. A question
regarding status of communication with EPA that's in respect to compliance.
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Hawaii County Council - ]0 April 20, 2005
MR. HO: Yes. We've given them our preliminary estimates and, frankly, they're
so busy dealing with the rest of the State-Hawaii County has been very
responsive in trying to be in compliance with the help of Dennis Tulang and his
efforts. So we're in good graces with EPA. I think they're going after a lot of
other folks before they knock on our door again.
MR. PILAGO: Then you expect a letter that would indicate support for your
efforts?
MR. HO: Yes.
MR. PILAGO: Thank you. Thank you, Mr. Chair.
CHR. HIGA: Thank you, Mr. Pilago. No further discussion. Madam Clerk.
The roll call vote on Bi1148, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Thank you. Bill 48 passes Second and Final Reading.
ORDINANCE Amends Ordinance No. 04-75, as Amended, Relating to Public
BILL NO. 49 Improvements and Financing Thereof for the Fiscal Year July 1, 2004 to
COMM. 1451:June 30, 2005. Adds ENVIRONMEN"CAL MANAGEMENT:
Honokohau Harbor Effluent Reuse -County ($400,000) and Honokohau
Harbor Effluent Reuse -State Revolving Funds ($2,600,000); funds to
be provided from General Obligation Bonds ($400,000) and State
Revolving Funds ($2,600,000). Funds to be used to install an effluent
reuse line from the Honokohau Harbor to Henry Street in conjunction
with the State Department of Transportation's Queen Ka`ahumanu
Widening Project.} (Introduced by Ms. Isbell, by request; passed First
Reading on April 6, 2005.)
Ms. Isbell moved for the passage of Bill 49 on second and
final reading. Seconded by Mr. Pilago.
CHR. HIGA: Thank you. Any discussion? Hearing none, Madam Clerk.
Page 92
Hawaii County Council - 10 April 2Q 2005
The roll call vote on Bi1149, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Thank you. Bi1149 passes Second and Final Reading.
ORDINANCE Amends Ordinance No. 04-74, as Amended, the Operating Budget for
BILL NO. 50 the County of Hawaii for the Fiscal Year Ending June 3Q, 2005.
COMM. 148):Increases revenues in Transfer from General Fund ($12,500);
appropriates same to North and South Kohala Road Other Current
Expense (Ho`oko Road Sidewalk Improvement). On February 28, 2005,
the Finance Committee amended Bill 40 to appropriate these funds for
this project. } Introduced by Ms. Isbell; passed First Reading on
Apri16, 2005.)
Ms. Isbell moved for the passage of Bill 50 on second and
final reading. Seconded by Mr. Hoffmann.
CHR. HIGA: Okay. Any discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 50, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Thank you. Bill 50 passes Second and Final Reading.
ORDINANCE Amends Ordinance No. 04-74, as Amended, the Operating Budget for
BILL NO. 51 the County of Hawaii for the Fiscal Year Ending June 30, 2005.
COMM. 149):Increases revenues in Transfer from General Fund ($50,000);
appropriates same to Recycling Program (Waikoloa Village Curbside
Recycling Program Study). On February 28, 2005, the Finance
Committee amended Bi1140 to appropriate these funds for this project.}
Introduced by Ms. Isbell; passed First Reading on April 6, 2005.)
Page 93
Hawaii County Council - 10 April 20, 2005
Ms. Isbell moved for the passage of Bil] 51 on second and
final reading. Seconded by Mr. Hoffmann.
CHR. HIGA: Okay. Any discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 51, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - I.
CHR. HIGA: Thank you. Bill 51 passes Second and Final Reading.
ORDINANCE Amends Ordinance No. 04-74, as Amended, the Operating Budget For
BILL NO. 52 the County of Hawaii for the Fiscal Year Ending June 30, 2005.
COMM. 155):Appropriates revenues in Fund Balance Reserved for Liquor Control
23,450); appropriates to Liquor Control -Other Current Expense
2,000), Liquor Control -Equipment ($16,450), and Public Programs
5,000), for a total of $23,450. Funds would be used to purchase a
sound level meter and an LD. digital camera system; to contract with a
vendor to install a fiber optic connection to the County's Local Area
Network; and to conduct programs to promote compliance to liquor
laws. } (Introduced by Ms. Isbell; passed First Reading on April 6,
2005. )
Ms. Isbell moved for the passage of Bill 52 on second and
final reading. Seconded by Mr. Pilago.
CHR. HIGA: Okay. Any discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 52, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Thank you. Bill 52 passes Second and Final Reading.
Page 94
Hawaii County Council - 10 April 20, 2005
ORDINANCE Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition),
BILL NO. 54 Relating to Vehicles and Traffic. Adds permanent "No Parking" signs
COMM. 157):to the four temporary loading zones along Ali`i Drive and starts a new
90-day period, which will end on June l5, 2005.} (Introduced by
Mr. Ikeda; passed First Reading on April 6, 2005.)
Mr. Ikeda moved for the passage of Bill 54 on second and
final reading. Seconded by Mr. Pilago.
CHR. HIGA: Any discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 54, was as follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. RIGA: Thank you. Bill 54 passes Second and Final Reading.
ORDINANCE Amends Ordinance No. 04-74, as Amended, the Operating Budget for
BILL NO. 55 the County of Hawaii for the Fiscal Year Ending June 30, 2005.
COMM. 158):Appropriates revenues in Federal Grants -Assistance to Firefighters
301,000); appropriates same to Assistance to Firefighters.}
Introduced by Ms. Isbell; passed First Reading on April 6, 2005.)
Ms. Isbell moved for the passage of Bill 55 on second and
final reading. Seconded by Mr. Hoffmann.
CHR. HIGA: Any discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 55, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa- 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. RIGA: Thank you. Bill 55 passes Second and Final Reading.
Page 95
Hawaii County Council - ] 0 April 20, 2005
ORDINANCE Amends Ordinance No. 04-74, as Amended, the Operating Budget for
BILL NO. 58 the County of Hawaii for the Fiscal Year Ending June 30, 2005.
COMM. 168):Increases revenues in Federal Grant- Special Purpose Grant Kona
Homeless Shelter ($670,613) and Federal Grant -Special Purpose Grant
Reed's Bay Restoration ($248,525), for a total of $919,138; appropriates
to Kona Homeless Shelter ($670,613) and Reed's Bay Restoration
248,525), for a total of $919,138.} (Introduced by Mr. Hoffmann;
passed First Reading on Apri16, 2005.)
Mr. Hoffmann moved for the passage of Bill 58 on second
and final reading. Seconded by Mr. Pilago.
CHR. HIGA: Okay. Any discussion? Hearing none, Madam Clerk.
The roll call vote on Bill 58, was as follows:
AYES:Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa - 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. HIGA: Thank you. Bill 58 passes Second and Final Reading.
ORDINANCE Amends Chapter 3, Article 2 of the Hawaii County Code, Relating to
BILL NO. 72 Advertising and Signs. Corrects inadvertent drafting en-ors found in
COMM. 191):Ordinance 04-142, which repealed the old Article 1 and added a new
Article 1. While the County Council also intended to enact a new
Article 2, relating to Kailua Village Signs, the ordinance failed to
include a provision repealing the then-existing Article 2. Therefore, to
avoid any ambiguity, this measure repeals Sections 3-51 through 3-78 of
the older Article 2 as well as Sections 3-49 through 3-62 of the recently
adopted Article 2. It then re-enacts the provisions of the new Article 2
that the 2004 Council intended to enact (Sections 3-49 through 3-62).
This measure does not affect Article 1, which was correctly drafted and
adopted. } Introduced by Mr. Ikeda; passed First Reading on April 6,
2005.)
Mr. [keda moved for the passage of Bill 72 on second and
final reading. Seconded by Mr. Pilago.
CHR. HIGA: Any discussion? Hearing none, Madam Clerk.
Page 96
Hawaii County Council - 10 April 20, 2005
The roll call vote on Bi1172, was as follows:
AYES:Council Members Arakaki, Hoffrnann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa- 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik - 1.
CHR. RIGA: Thank you. Bi1172 passes Second and Final Reading.
REPORTS:The Chair directed the Council to proceed to the next order of business,
Reports.
The were none.)
CHR. RIGA: Okay, where are we now, Madam Clerk?
MS. KIRIU: There are no "Reports". And I guess we have one referral for
Executive Session", yet.
CHR. HIGH: Okay. Lincoln's outside?
REFERRALS FOR The Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
COMM. 197:Request for Executive Session Briefing on Hokuli`a Litigation. From Council
Member Fred C. Holschuh, dated February 28, 2005 (Postponed: April 6,
2005).
Mr. ,iacobson moved to go into Executive Session in order
to hold attorney-client privilege discussion regarding
Communication Number 197, as authorized by Section
92-5(a)(4) of the Hawaii Revised Statutes. Seconded by
Mr. Hoffmann.
CHR. HIGA: All those in favor signify by saying "aye".
Page 97
Hawaii County Council - ] 0 April 20, 2005
The voice vote to go into Executive Session, was as
follows:
AYES:Council Members Arakaki, Hoffinann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, and Chair Higa- 8.
NOES:None.
ABSENT & EXCUSED:Council Member Safarik.
CHR. HIGA: Okay. We're in "Executive Session".
MS. 1SBELL: You might want to recess.
CHR. RIGA: We will recess for a few minutes-five minutes.
RECESS:At 2:58 p.m., the Chair called for a recess to allow the Clerk to clear the room.
RECONVENE:The meeting reconvened at 4:07 p.m., with all Members present, with the
exception of Council Members Arakaki, Hoffmann, and Safarik.
COMM. 197:Request for Executive Session Briefing on Hokuli`a Litigation. From Council
Member Fred C. Holschuh, dated Febniary 28, 2005 (Postponed: April 6,
2005).
MR. JACOBSON: Mr. Chairman, I move to close file on Communication 197
and Communication 2 ] 0. Can I move on both those at the same time?
CHR. HIGA: We already closed the other one. Just on Hokulia.
MR..fACOBSON: Okay.
Mr. Jacobson moved to close file on Communication 197.
Seconded by Mr. Ikeda.
CHR. RIGA: Okay. All those in favor signify by saying "aye".
Page 98
Hawaii County Council - 10 Apri12Q 2005
The voice vote, was as follows:
AYES:Council Members Holschuh, Ikeda, Isbell, Jacobson,
Pilago, and Chair Higa - 6.
NOES:None.
ABSENT & EXCUSED:Council Members Arakaki,
Hoffrnann, and Safarik - 3.
CHR. RIGA: Thank you, Mr. Jacobson. Jay, did you have anything that you
wanted to say before us?
At this time, Mr. Jay Kimura, Prosecuting Attorney,
Office of the Prosecuting Attorney, replied from the
audience seating area.)
MR KIMURA: (Inaudible.)
CHR. RIGA: We passed them all.
MR. IKEDA: We passed them all.
MR. KIMURA: You passed them all already?
MR. JACOBSON: Too late. We did your work.
CHR. HIGA: Thank you, Jay.
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS:Business.
There was none.)
Page 99
Hawaii County Council - 10 April 20, 2005
ANNOUNCE-The Chair directed the Council to proceed to the next order of business,
MENTS:Announcements.
TUESDAY, MAY 3, 2005
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, MAY 4, 2005
COUNCIL 9:00 a.m.COUNCIL ROOM
THURSDAY, MAY 5, 2005
HUMAN SERVICES AND 9:00 a.m.COUNCIL ROOM
ECONOMIC
DEVELOPMENT
COMMITTEE SPECIAL
MEETING RE NONPROFITS
TUESDAY, MAY 17, 2005
COMMITTEES TBA COUNCIL ROOM
COUNCIL PUBLIC 5:00 p.m.COUNCIL ROOM
HEARING
RE REAL PROPERTY TAX
RATES (EAST HI)
WEDNESDAY, MAY 1H, 2005
COUNCIL 9:00 a.m.COUNCIL ROOM
THURSDAY, MAY 19, 2005
COUNCIL PUBLIC 6:00 p.m.SHERATON
HEARING KEAUHOU BAY
RE REAL PROPERTY TAX RESORT & SPA
RATES (WEST HI)
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Items not on the Agenda.
PUBLIC ON
ITEMS There were none.)
NOT ON THE
AGENDA:
CHR. HIGA: At this time, we've come to the end of our agenda. Do we have
any "Statements from the Public"?
Page 100
Hawaii County Council - ] 0 April 20, 2005
ADJOURNMENT: There being no other business, at 4:08 p.m., Mr. Jacobson moved to adjourn
the meeting. Seconded by Mr. Holschuh and carried by the following voice
vote:
AYES:Council Members Holschuh, Ikeda, Isbell, Jacobson,
Pilago, and Chair Higa - 6.
NOES:None.
ABSENT & EXCUSED:Council Members Arakaki, Hoffinann,
and Safarik - 3.
COUNTY CLERK
CK/dl
Page 101
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M<Y or
ks.
GAKY S. SAPARIK i•Phone: (808) 961-8267
Comaci/member Facsimile: (808) 961-$912
t_
Ui.errlri5 Purxtnf~akof O~,o~,N,;~~Email:gsafarik@co.hawaii.hi.us
County of Nawai'i
Hawar'i County Building
2> .4 upvni Strael
Hilo, Hnwai `i 96720
Apri] 20, 2005
df£AlOR~NDUM
TO:Stacy K. Higa, Chair
Ilawai`i County Council
FROM:ary S. SaCarik, Councilmember
Hawaii County Council
RE:Council Meeting Scheduled For April 20, 2005
Please excuse me from today's Council Meeting scheduled for 9:OOa.m. I am unable to attend
due ro a family emergency. I apologize for any inconvenience this may cause.
Thank you for your understanding in this matter.
USS/lg
ce: Council Services
HG1HUl County is an [iqua[ Oppnrneni[v Provider and Fn~y~loser