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Home My WebLink AboutAGE COUNCIL 10/18/2005 2004-2006 STACY K. HIGA tr w ~ JAMES Y. ARAKAKI PETE HOFFMANN Chnir & PresiAing O~cer !6 FRED C. IIOLSCHUH, M.D. VIRGINIA ISBELL DONALD IKEDA v~~~ rn~,,. •y BOB JACOBSON K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL County of Hawaii Hawaii County Building _ 25 Aupuni Street Hilo, Xawai'i 96720 23`~ Session ORDER OF BUSINESS Hawaii County Council Hilo, Hawaii Tuesday, October ] 8, 2005 9:00 a.m. INVOCATION Pastor Bob Tominaga oFThy Word Ministries CALL'1'O ORDER ROLL CAI[. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES August l7, 2005 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Haivai'i County as an Equal Opportunity Provider and Employer. Hawaii County Council-23 Page 2 October 18, 2005 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 461: YETiTION FOR IMPEACHMENT (SEEKING THE IMPEACHMENT OF THE MAYOR AND EIGHT SITTING HAWAII COUNTY COUNCIL MEMBERS) From Corporation Counsel Lincoln S. T. Ashida, dated September 28, 2005, recommending this matter be agendized for the purpose of establishing prior to the conclusion of the Circuit Court case, the "ground rules" and process for hearing, considering, and voting upon the reimbursement of legal expenses at the end of the impeachment case. Waived: FC 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 169-OS Authorizes the Acceptance of a Donation of a Two Man Lifeguard Tower to the (Draft 2): Department of Parks and Recreation for Use at Onekahakaha Beach Park. {Donated by Aloha Machine and Welding Company, with an estimated total value of $30,000, to be used by the East Hawaii Water Safety Officers for lifeguard surveillance. } Re: Comm. 445.1 intr. by: Ms. Isbell Approve: FC-157 Res. 170-05: Authorizes the Council's Process for Procuring an Independent Auditor(s), Pursuant to Section 10-13, Hawaii County Charter, and Authorizes the Payment of Funds in Future Fiscal Years on a Multi-Year (4 years) Contract. {Recommends the Council proceed with the issuance of a Request For Proposals (RFP), evaluation, award, and execution of the contract in order to secure an audit firm to conduct a limited general audit for the next four fiscal years commencing June 30, 2006, through June 30, 2009. } Re: Comm. 451 Intr. by: Ms. Isbell Approve: FC-160 Hawaii County Council-23 Page 3 October 18, 2005 Res. 171-05: Requests that the Hawaii County Council Hold Public Hearings Around Hawaii Island to Facilitate Discussion of the Proposal that Hawaii County Take Over the Management of State Boating Facilities on the Big Island from the Department of Land and Natural Resources (DLNR). Re: Comm. 453 Intr. by: Ms. Isbell and Mr. Pilago Approve: PWIRC-26 Res. 172-05: Authorizes the Office of the Mayor to Enter Into an Agreement With the State of Hawaii Department of Human Services, Pursuant to HRS 46-7, for the Adult Chore Services Grant (to the Department of Parks and Recreation's Coordinated Services for the Elderly Division via the Office of Aging). {Enables Coordinated Services staff to provide in-home chore services (routine housecleaning, laundry, meal preparation, marketing, shopping assistance, personal care, errand and escort services) for seniors.} Re: Comm. 454 Intr. by: Ms. Isbell Approve: FC-161 Res. 173-05: Authorizes the Mayor or His Duly Authorized Representative to Seek Approval of In-Lieu Fair Share Contribution to Satisfy Condition "K" of Ordinance No. 02 62. {Phil Tinguely of Tinguely Development, Developer of Kaha`olino, a 34-unit subdivision in Kalao`oa North Kona, has offered to construct three outdoor basketball courts at Kailua Park near the Kekuaokalani Gymnasium in Kona and would like the fair share assessment fees applied to this project. } Re: Comm. 448 Intr. by: Ms. Isbell Approve: FC-159 Res. 187-05: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). Transfers/appropriates $58,908 out and from Clerk-Council Services -Contingency Relief account; credits same to Department of Parks and Recreation Hilo and West Hawaii Veterans' Cemetery Other Current Expense. Discretionary funds would be used to purchase fence for the access road leading up to the West Hawaii Veterans' Cemetery and to buy larger trees. } Re: Comm. 477 Intr. by: Ms. Isbell Waived: FC Hawaii County Council-23 Page 4 October 18, 2005 Res. 188-05: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for aMulti-Year (one-year) Lease of Real Property for the Office of the County Council-Clerk. {Funds would be used to enter into a one year lease with BF Hilo Partners for the 6,871 square feet of office space located at 333 Kilauea Street, at an approximate cost of $11,452 per month, including taxes.} Re: Comm. 478 Intr. by: Ms. Isbell Waived: FC 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BTLLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 132: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds ENVIRONMENTAL MANAGEMENT: West Hawaii Composting Facility ($1,000,000); funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,000,000). Funds would be used to develop a legally permitted composting facility at the resource recovery area adjacent to the West Hawaii Sanitary Landfill at Pu`uanahulu, which would provide for composting of greenwaste and other organics that are presently being disposed at our landfills.} Re: Comm. 387 Intr. by: Ms. Isbell (B/R) Approve: FC-137 Postponed: September 8, 2005 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 146: Amends Chapter 24, of the Hawaii County Code 1983 (2005 Edition), Relating to Vehicles and Traffic. {Authorizes 20 mile per hour speed limits along Hoku`ula Road, Spencer Road, Konokohau Road, and Laelae Road.} Re: Comm. 424 Intr. by: Mr. Ikeda Approve: PWIRC-24 Hawaii County Council-23 Page 5 October 18, 2005 Bill 152: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Increases FIRE: Pahoa Fire Station [$2,009,000] $2,809,000; funds to be provided from General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($800,000). Estimated costs of construction for the fire station has gone up due to the current boom in the construction industry. } Re: Comm. 443 Intr. by: Ms. Isbell Approve: FC-155 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 153: Amends Ordinance No. OS-87, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Adds FIRE: Central Fire Station Roof Repair ($390,000); funds to be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($390,000). Funds would be used for the design and repair of the Department's leaking roof and water damaged ceiling. } Re: Comm. 444 Intr. by: Ms. Isbell Approve: FC-156 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 154 Amends Chapter 18, Article 4, Division 1, Subsection 18-90(h), of the Hawaii (Draft 2): County Code 1983 (2005 Edition), Relating to Public Transportation. {Designates the entire County of Hawaii as a transportation kokua zone, expanding on the successful kokua zones currently provided between Pahoa and Hilo and Ocean View and Kawaihae. ~ Rc: Comm. 450.1 Intr. by: Mr. Ikeda Approve: PWIRC-25 Bill ] 55: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in State Grants -Coordinated Services -Purchase of Services ($69,127); appropriates same to Coordinated Services -Other Current Expense. } Re: Comm. 454 Intr. by: Ms. Isbell Approve: FC-162 Hawaii County Council-23 Page 6 October 18, 2005 10:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 149: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in Parking Meter Receipts ($9,000) and Fund Balance from Previous Year ($11,000), for a total of $20,000; appropriates $20,000 to Pazking Meter Equipment. Funds would be used to purchase new ADA accessible parking meters to replace existing parking meters located at the Federal Building in Downtown Hilo and at the parking lot at the County Building. } Re: Comm. 432 Intr. by: Ms. Isbell 1 Reading: October 5, 2005 REPORTS FG158 Recommends acceptance of a monetary donation of $10 by Margaret R. Willis (Comm. 446): to the Department of Parks and Recreation, to be used towards the maintenance of the East Hawaii Veterans Cemetery H. PSPRC-1 ~ Recommends approval of the nominations of the following individuals to the (Comm. 438): Veterans Advisory Committee: Don D. Bennett and Richard L. Stevens. Comm. 455.1: PRESENTATION OF FINDINGS AND RECOMMENDATIONS OF COUNCIL TASK FORCE EVALUATING COUNCIL COMMITTEES From Council Chair Stacy K. Higa, dated October 5, 2005, stating that on October 5, 2005, a task force was formed after Council vote, for the purpose of evaluating present Council Rules relating to Committees, including but not limited to leadership, scope, responsibilities, and efficiency. Pursuant to HRS Section 92-2.5, the task force will report its findings to the full Council. REFERRALS FOR EXECUTIVE SESSION The Council anticipates convening an executive meeting regarding the following cases, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, as amended, for the purpose of consulting with the Corporation Counsel and/or its attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities and liabilities, including the current status of the litigation. A 2/3 vote, pursuant to HRS Section 92-4 and Rule 12 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council-23 Page 7 October 18, 2005 ANNOUNCEMENTS TUESDAY, NOVEMBER 8, 2005 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, NOVEMBER 9, 2005 COUNCIL 9:00 a.m. COUNCIL ROOM MONDAY, NOVEMBER 21, 2005 COMMITTEES TBA COUNCIL ROOM TUESDAY, NOVEMBER 22, 2005 COUNCLI. 9:00 a.m. COUNCIL ROOM ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting place is accessible for persons with disabilities. Persons who need special accommodations ro attend this meeting should call 961-8255 by October 14, 2005. Persons using TDDs may call 961-8521. Copies of an itern listed on the agenda may be viewed at the Hawaii County Services Office at 75-5706 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo, Hawaii 96720; at the Kona Council Members' Office at the Kailua 'T'rade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawaii 96740; and at the Waimea Council Members' Office at the Holomua Center, 64-1067 Mamalahoa Tlighway, Suite 5, Waimea, Hawaii 96743. Videoconferenci~ is available at the following locations: • Kona Council Office at the Kailua Trade Center; and • Waimea Council Office at the Holomua Center. lf, f'or technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. • V ideoconferencing from the Pahoa Neighborhood Facility will not be available. Submittinu Testimony: Those persons wishing to testify in person or by videoconference must register with the Council/Clerk's staff. Those testifying in person and submitting written testimony at the meeting in Hilo should bring sixteen (16) copies of the testimony for distribution at the meeting. Those testifying by videoconference from the Kona Council Office and the Waimea Council Office should bring one copy of the testimony. Those persons unable to testify in person or by videoconference may submit testimony (1) by mail to the County Clerk's Ofice in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to counciltestimony@co.hawaii.hi.us. Copies will be made and distributed at the meeting when transmitted in a timely manner. In any case, both oral and written testimony will be considered public record. Ilawai`i County Council-23 Page 8 October 18. 2005 Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist {Article 15, Section 2-91.3(b), Hawaii County Code}. A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials, subject to specific conditions and exceptions" {Article 15, Section 2-91.3(a)(6), Hawaii County Code}. Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 25 Aupuni Street, Hilo, Hawaii 96720. Government Access Television: Channel 52 (Hilo and Kona) Wednesday, October 26, 2005, at 6 p.m.; Sunday, October 30, 2005, a[ 10:30 a.m.: and Wednesday, November 2, 2005, at 6 p.m. (Hawai`i Tribune Herald -October 14, 2005) (WestHawai`i Today-October 14, 2005)