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HomeMy WebLinkAboutAGE COUNCIL 06/21/2006 2004-2006 STACY K. RIGA "`~""'hy JAMES Y. ARAKAKI Chair & Presiding Officer PETE HOFFMANN FRED C. HOLSCHUH, M.D. VIRGINIAISBELL ~ DONALDIKEDA Vice Chair ~ '•'~.bi;w~~'~ BOB JACOBSON K. ANGEL PILAGO GARY SAFARIK COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street i-J Hilo, Hawaii 96720 „_„I , t-+ r 3 39'~ Session 'v ORDER OF BUSINESS Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii Wednesday, June 21, 2006 9:00 a.m. INVOCATION Pastor Jason Meechan of Thy Word Ministries -Kona CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES December 21, 2005; January 5, 2006; January 20, 2006; and February 1, 2006 (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is an Equal Opportunity Provider and Employer. a. Hawaii County Council-39 Page 2 June 21, 2006 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, EXPRESSIONS OF CONDOLENCE, AND COMMUNICATIONS PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, EXPRESSIONS OF CONDOLENCE, AND COMMUNICATIONS Comm. 928: NOMINATES PATRICIA PROVALENKO (COUNCIL DISTRICT 9) TO THE COST OF GOVERNMENT COMMISSION From Mayor Harry Kim, dated May 26, 2006, recommending approval of the above nomination. Waived: FC 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 378-06: Authorizes the Acceptance of a Donation of Construction of New Dug Out Benches with Concrete Slabs for Pu`u Nui Park. {Donated by Goodfellow Brothers, Inc., with an estimated value of $6,500.} Re: Comm. 910 Intr. by: Ms. Isbell Approve: FC-303 Res. 379-06: Directs the Clerk of the County of Hawaii to Take Necessary Action to Place the Charter Amendment Proposed by Ordinance No. 06-60 on the 2006 General Election Ballot. {Ordinance No. 06-60 amends the name of the Department of Civil Service, the titles of the director and deputy director, and the name of the civil service commission.} Re: Comm. 916 Intr. by: Ms. Isbell Approve: FC-304 Res. 384-06: Accepts the Dedication of Road Lot R-1 (Ahiahi-Kauhale Connector Road), Containing an Area of 26,421 Square Feet, Situate in the District of North Kona, County and State of Hawaii, Bearing Tax Map Key: (3)7-3-O10:Por. 029, from Keahole Group, LLC. Re: Comm. 940 Intr. by: Mr. Ikeda Waived: PWIRC Hawaii County Council-39 Page 3 June 21, 2006 Res. 385-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $80,000 out and from Provision for Compensation Adjustment -General Fund; credits same to Civil Defense Agency Salaries and Wages ($25,000) and Unemployment Compensation -General Fund ($55,000), for a total of $80,000. Shortage of funds are due to overtime costs arising from unusual amounts of emergencies, temporary assignment costs during the deployment of the Civil Defense Administrator, and claims for the current year were more than expected. } Re: Comm. 942 Intr. by: Ms. Isbell Waived: FC Res. 386-06: Accepts the Donation of aRight-of--Way, Being a Portion of Tax Map Key: (3)2-4-012:030, Situate at Waiakea, County and State of Hawaii, from Yoshimi Nakayama and Aiko Nakayama, for the South Hilo Roadside Improvements Project. {Acquiring this property would allow for roadside safety improvements along Komohana Street in South Hilo containing an area of 1,198 square feet).} Re: Comm. 943 Intr. by: Mr. Ikeda Waived: PWIRC Res. 387-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-4-013:007, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements along Komohana Street in South Hilo include constructing concrete retaining walls and drywells, erecting guardrails, striping, marking paving, roadway shoulders, and adjusting utility boxes containing an area of 2,023 square feet). } Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes (Note: Subsequent Resolutions 388-06 through 400-06 regarding Eminent Domain contains the same language relating to roadside safety improvements: "constructing concrete retaining walls and drywells, erecting guardrails, striping, marking paving, roadway shoulders, and adjusting utility boxes".) Hawaii County Council-391 Page 4 June 21, 2006 Res. 388-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-2-038:017, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Kino`ole Street in South Hilo containing an area of 900 square feet.} Re: Comm. 944 Intr. by: Mc Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Res. 389-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-2-038:018, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Kino`ole Street in South Hilo containing an area of 480 square feet. } Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Res. 390-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-2-038:015, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Kino`ole Street in South Hilo containing an area of 1,034 square feet.} Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Res. 391-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-4-012:024, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Komohana Street in South Hilo containing an area of 1,640 square feet.} Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Hawaii County Council-39 Page 5 June 21, 2006 Res. 392-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-4-013:011, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Komohana Street in South Hilo containing an area of 2,700 square feet.} Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Res. 393-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-4-012:029, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Komohana Street in South Hilo containing an area of 900 square feet.} Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Res. 394-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-4-012:028, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Komohana Street in South Hilo containing an area of 900 square feet.} Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Res. 395-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-4-012:027, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Komohana Street in South Hilo containing an area of 160 square feet.} Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Hawaii County Council-39 Page 6 June 21, 2006 Res. 396-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-4-012:026, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Komohana Street in South Hilo containing an area of 1,640 square feet.} Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Res. 397-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-4-012:023, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Komohana Street in South Hilo containing an area of 900 square feet.} Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Res. 398-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-4-012:025, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Komohana Street in South Hilo containing an area of 160 square feet.} Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Res. 399-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-4-013:046, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Komohana Street in South Hilo containing an area of 1,800 square feet.} Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes . Hawaii County Council-39 Page 7 June 21, 2006 Res. 400-06: Authorizes the Acquisition of Private Property by Eminent Domain, Being Portion of Tax Map Key:(3)2-4-012:022, Situate at Waiakea, County and State of Hawaii, for the South Hilo Roadside Improvements Project. {Roadside safety improvements will be performed along Komohana Street in South Hilo containing an area of 894 square feet.} Re: Comm. 944 Intr. by: Mr. Ikeda Waived: PWIRC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 224: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-3a) and Open to Project District (PD) at Kau, North Kona, Hawaii, Covered by Tax Map Key 7-2-5:1 (approx.725.2 acres). {Hiluhilu Development, LLC, Applicant.} Re: Comm. 687 Intr. by: Mr. Pilago Approve: PC-73 Postponed: June 5, 2006 ;and Comm. 687.75: From Council Member Pete Hoffman, dated May 30, 2006, transmitting Bill 224, Draft 2. Draft 2 relates to the following: Amends Conditions D, I and J (relating to golf course, university, and public school facilities), deletes Condition T (relating to golf course), adds new Condition T (relating to University of Hawai`i), adds new Condition U (relating to State Department of Education), amends Condition W (relating to regional park), amends Condition Z (relating to road construction), deletes Condition FF (relating to infrastructure commitments to the University of Hawai`i), and re-letters certain conditions. and Bill 224 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-3a) and Open to Project District (PD) at Kau, North Kona, Hawaii, Covered by Tax Map Key 7-2-5:1 (approx.725.2 acres). {Hiluhilu Development, LLC, Applicant.} Intr. by: Mr. Hoffmann Postponed: June 5, 2006 ;and (Comm. 687.79/Brll 224, Draft 3, continues on the next page.) _ _ Hawaii County Council-39 Page 8 June 21, 2006 Comm. 687.79: From Council Chair Stacy K. Higa, dated June 5, 2006, transmitting Bill 224, Draft 3. Draft 3 amendments relate to the following: Amends Conditions D, I, and J (relating to golf course) amends Condition P (relating to occupancy), amends Condition S (relating to retail space), deletes Condition T (relating to golf course), amends Condition U (relating to parks), amends Condition X (relating to access), amends Condition AA (relating to vehicular security gate), amends Condition EE (relating to the university), amends Condition 00 (relating to fair share contribution), and re-letters certain conditions. and Bill 224 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning (Draft 3): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-3a) and Open to Project District (PD) at Kau, North Kona, Hawaii, Covered by Tax Map Key 7-2-5:1 (approx.725.2 acres). {Hiluhilu Development, LLC, Applicant.} Intr. by: Mc Higa Postponed: June 5, 2006 (Note: There are three pending motions: 1) Mr. Pilago moved to approve Bi11224, duly seconded by Mr. Hoffmann; 2) Mr. Hoffmann moved to amend Bill 224 with Draft 2, duly seconded by Mr. Jacobson; and 3) Mr. Holschuh moved to amend Bill 224, Draft 2, with Draft 3, duly seconded by Ms. Isbell.) and Comm. 687.43: From Kitty Lagareta, Chairperson, Board of Regents, University of Hawaii, dated May 26, 2006; and Comm. 687.76: From Guido Giacometti, Island Advisors, Inc., Owner's Representative -Hiluhilu Development LLC, dated May 31, 2006; and Comm. 687.77: From Dawn Henry, dated June 5, 2006; and Comm. 687.78: From Jerry Schneyer, Spokesman, Makalei Estates Community Association, undated. Bill 225: Planning Director Initiated Amending Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), Relating to Modifications of the Conditions of Ordinance No. 93 45, and Further Amending the Ordinance by Deleting Tax Map Key 7-2-05:1. The Remaining Area of 273.82 Acres is Retained as Agricultural (A-3a) at Kau, North Kona, Hawaii, Covered by Tax Map Key 7-2-15:1-43, 46-86. Re: Comm. 688 Intr. by: Mr. Pilago Approve: PC-74 Postponed: June 5, 2006 Hawaii County Council-39 Page 9 June 21, 2006 Bill 251 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-Sa) to Residential and Agricultural (RA-la) (approx. 97.347 acres) and Multiple Family Residential (RM-3.5) (approx. 10.829 acres) at Moeauoa 2"d, North Kona, Hawaii, Covered by Tax Map Key 7-5-3:7, 8, 9. {SCD Kona 108, LLC, Applicant.} Re: Comm. 766.5 Intr. by: Mr. Pilago Approve: PC-67 Postponed: May 17, 2006 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Isbell to approve Bi11251, Draft 2.) ;and Comm. 766.7: From Planning Director Christopher J. Yuen, dated May 9, 2006; and Comm. 766.8: From Cheryl King, dated May 14, 2006; and Comm. 766.9: From Loraine Peters, dated May 17, 2006; and Comm. 766.10: From Jake Jacobs, dated May 17, 2006; and Comm. 766.11: From Cory Harden, dated May 15, 2006; and Comm. 766.12: From Virginia Cochran and James Cochran, dated May 14, 2006; and Comm. 766.13: From Gust Koutroupas, dated May 13, 2006; and Comm. 766.14: From Walter A. Hoffman, dated May 12, 2006; and Comm. 766.15: From Members of The Salvation Army Kona Corps Advisory Board, dated May 15, 2006 (William L. Wong, Chair; Chuck Corbe; Jeff Martin; David Rees-Thomas; James Allen; Matthew Kilgore; Noel Black-Ackerman; Ken Apilado, and John Harris); and Comm. 766.16: From Bill and Lorraine Van Horn, dated May 10, 2006; and Comm. 766.17: Petitions (54) signed by individual lot owners of the Malulani Gardens Subdivision, as well as written testimony from residents of Malulani Gardens; and Comm. 766.18: From Adele DeCuyper, dated May 17, 2006; and Comm. 766.19: From Pamela S. Poore, undated. Bill 281: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential (RS-10) to Neighborhood Commercial (CN-20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-2-034:012 (approx. 20,000 square feet). {Kathy Tripp, Applicant.} Re: Comm. 883 Intr. by: Mr. Pilago Approve: PC-87 Hawaii County Council-39 Page 10 June 21, 2006 1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 269: Amends Article VII, Chapter 4, of the Hawaii County Charter (2000), Relating to the Fire Department. {Adopts "Hawai`i Fire Department" as the formal name of the Department. } Re: Comm. 829 Intr. by: Mr. Jacobson 1 s' Reading: May 17, 2006 2"a Reading: June 5, 2006 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai`i County Charter Bill 273: hiitiates a Charter Amendment to the Hawaii County Charter (2000), Relating to Verifying and Certifying Petitions for Initiative and Referendum, Removal of Elected Officers and Charter Amendment or Revision. {The proposed amendments relate to: 1) eliminates the requirement of providing social security numbers; 2) changes the number of days the County Clerk has to verify and certify petitions and supplemental petitions; 3) deletes the mailing address provision; and 4) makes other housekeeping changes.} Re: Comm. 835 Intr. by: Ms. Isbell Is' Reading: May 17, 2006 2"d Reading: June 5, 2006 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai`i County Charter Bill 277: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006. {Increases revenues in State Grants -Disabled Parking ($36,840); appropriates same to Disabled Parking - State. Funds would be used towards the County's Disabled Persons Parking Placard Program.} Re: Comm. 858 Intr. by: Ms. Isbell 15' Reading: June 5, 2006 Hawaii County Council-39 Page 11 June 21, 2006 Bill 283 Amends Chapter 2, Article 41, of the Hawaii County Code 1983 (2005 Edition), (Draft 2): Disaster and Emergency Fund, Relating to Fund Expenditures. {Proposal eliminates the maximum appropriation of $1,000,000 per year and its accumulated maximum of $5,000,000; and includes the allowance to pay for operational expense of the County after a disaster or emergency when the County is unable to realize revenue at sufficient levels due to the disaster or emergency.} Re: Comm. 890.1 [ntr. by: Ms. Isbell ls` Reading: June 5, 2006 Bill 292 Amends Chapter 2 of the Hawaii County Code 1983 (2005 Edition), (Draft 2): Administration, Relating to Budget Stabilization Fund. {This new special fund was created for the purpose of meeting general fund revenue shortfalls and to minimize the need for budget cuts or tax increases and would be a temporary supplement source of funds for the County to use during times of financial hardships while a plan for cost reduction or revenue enhancement is developed.} Re: Comm. 890.2 Intr. by: Ms. Isbell ls` Reading: June 5, 2006 Bill 286: 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 PLANNING: Puna Makai Alternate Route Study-Council District 5 ($30,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources (Contingency Relief) ($30,000).} Re: Comm. 897 Intr. by: Mr. Safarik ]s` Reading: June 5, 2006 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 288: Amends Chapter 2, Article 6 and Article 16, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Mileage Reimbursement Rates for Duly Authorized Volunteer Police and Fire Personnel. {Proposal reflects a consistent reimbursement rate amongst all County employees and duly authorized volunteer police and fire personnel. Mileage reimbursements rates shall be prescribed by, and subject to, requirements set forth in Section 2-101(6) or by negotiated contracts of bargaining units.} Re: Comm. 905 Intr. by: Ms. Isbell ls` Reading: June 5, 2006 Hawaii County Council-39 Page 12 June 21, 2006 Bill 293: 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 PUBLIC WORKS: Construction, Maintenance, and Repair of County Roads - State ($2,000,000); funds shall be provided from State Grants Receivable ($2,000,000). Funds would cover the costs of construction, maintenance, and repair of County roads.} Re: Comm. 9 L 1 Intr. by: Ms. Isbell 1 s' Reading: June 5, 2006 2/3 Vote: Section 10-6(d), Hawai`i County Charter Bill 294: Amends Ordinance No. OS-86, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2006. {Increases revenues in State Grants -Greetings Program ($175,000); appropriates same to Greetings Program. Funds would be used to plan, develop, and operate the Department of Research and Development's Greetings Program, which is intended to provide services to enhance the experience of arriving and/or departing island visitors.} Re: Comm. 917 Intr. by: Ms. Isbell l~' Reading: June 5, 2006 REPORTS PC-75 Recommends approval of the nomination of Mr. Alvin Rho (Council District 8) to (Comm. 891): the Planning Commission. PC-76 Recommends approval of the nomination of Mr. Darren M. Ah Chong to the Puna (Comm. 912): District Community Development Plan Steering Committee (CDPSC). PC-77 Recommends approval of the nomination of Mr. Eddie Alonzo to the CDPSC. (Comm. 912): PC-78 Recommends approval of the nomination of Ms. Stephanie Bath to the CDPSC. (Comm. 912): PC-79 Recommends approval of the nomination of Mr. W. Gregory Braun to the CDPSC. (Comm. 912): PC-80 Recommends approval of the nomination of Ms. Barbara M. Lively to the CDPSC. (Comm. 912): PC-81 Recommends approval of the nomination of Ms. B. Martha Lockwood to the (Comm. 912): CDPSC. PC-82 Recommends approval of the nomination of Mr. Jon A. Olson to the CDPSC. (Comm. 912): Hawaii County Council-39 Page 13 June 21, 2006 PC-83 Recommends approval of the nomination of Ms. Shirley M. Pedro to the CDPSC. (Comm. 912): PC-84 Recommends approval of the nomination of Mr. Alan S. Rudo to the CDPSC. (Comm. 912): PC-85 Recommends approval of the nomination of Ms. Kim D. Tavares to the CDPSC. (Comm. 912): PC-86 Recommends approval of the nomination of Mr. Frederick R. Warshauer to the (Comm. 912): CDPSC. 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. Comm. 514.3: JAMES R. PARRISH AND LISA R. PARRISH, ET. AL. V. THE HONORABLE RONALD IBARRA, JUDGE OF THE THIRD CIRCUIT COURT, STATE OF HAWAII, ET. AL., CIVIL NO.OS-651; JAMES R. PARRISH AND LISA R. PARRISH, ET. AL. V. THE STATE OF HAWAII, ET. AL., CIVIL NO. OS-1-0315 From Corporation Counsel Lincoln S. T. Ashida, dated June 6, 2006. {The purpose of the executive meeting is to discuss the Corporation Counsel's interpretation, work product, and recommendations concerning the litigation in this case, including but not limited to the payment of special counsel fees and costs, which necessarily involve discussion concerning the Council's powers, duties, privileges, immunities, and liabilities thereto. This meeting is closed to the public pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, as amended.} OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Hawaii County Council-39 Page 14 June 21, 2006 ANNOUNCEMENTS THURSDAY, JULY 6, 2006 COMMITTEES TBA COUNCIL ROOM FRIDAY, JULY 7, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, JULY 18, 2006 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, JULY 19, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM MONDAY, JULY 31, 2006 COMMITTEES TBA COUNCIL ROOM TUESDAY, AUGUST 1, 2006 COUNCIL 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 to attend this meeting should call 961-8255 by June 19, 2006. Persons using TDDs may call 961-8521. Copies of an item listed on the agenda may be viewed at the 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 Trade 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 Highway, Suite 5, Waimea, Hawaii 96743. Submitting Testimony: Those persons wishing to testify must register with the Council/Clerk's staff. Those testifying in person and submitting written testimony should bring sixteen (16) copies of the testimony for distribution at the meeting. Those persons unable to testify in person may submit testimony (1) by mail to the County Clerk's Office in Hilo at the above address, (2) by facsimile to (808) 961-8912, or (3) by e-mail to councihestimony@co.hawaii.hi.us. Please submit a separate testimony for each item. 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. Hawaii County Council-39 Page 15 June 21, 2006 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." {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, June 28, 2006, at 6 p.m.; Sunday, July 2, 2006, at 10:30 a.m.; and Wednesday, July 5, 2006, at 6 p.m. (Hawai`i Tribune Herald -June 18, 2006) (West Hawaii Today-June 18, 2006)