HomeMy WebLinkAboutRES 362 Draft 01 2008-2010 - JMtY os N1
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COUNTY OF HAWAII '' ":.� /• STATE OF HAWAII
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RESOLUTION NO. 362 10
A RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS IN FUTURE FISCAL
YEARS ON A MULTI -YEAR CONTRACT FOR AN INDEPENDENT AUDITOR(S) TO
PERFORM THE ANNUAL AUDIT OF THE ACCOUNTS AND OTHER EVIDENCES
OF FINANCIAL TRANSACTIONS OF THE COUNTY AND OF EVERY COUNTY
AGENCY AND EXECUTIVE AGENCY.
WHEREAS, Section 10 -13 of the Hawai `i County Charter requires the County Council
to provide for an annual independent audit of the accounts and other evidences of financial
transactions of the County and of every county agency and executive agency; and
WHEREAS, Section 3 -18 of the Hawai `i County Charter requires the Legislative
Auditor to conduct or cause to be conducted the annual financial audit of the County; and
WHEREAS, Section 10 -11 of the Hawai '1 County Charter requires that any contract,
lease or other obligation requiring payment of funds from appropriations of a later fiscal year or
of more than one fiscal year be approved by resolution of the Council; and
WHEREAS, the Council finds that for economic and consistency reasons, it is in the best
interest of the County that a four -year audit contract, commencing with the audit year ending
June 30, 2010, be procured; and
WHEREAS, the Legislative Auditor has completed Request for Proposal No. 2614 to
comply with audit requirements and Charter requirements; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
authorizes the Chair of the Council as its Chief Procurement Officer and through its Legislative
Auditor, to proceed with the award of a multi -year contract for an independent auditor to perform
the required annual audit services covering the fiscal years ending June 30, 2010 through June
30, 2013.
BE IT FINALLY RESOLVED that sufficient funds be budgeted in future fiscal years to
cover the obligation of the County under said contract agreement.
Dated at Kona , Hawai`i, this 8•h day of July , 2010.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i ENRIQUES X
FORD X
I hereby certify that the foregoing RESOLUTION was by GREENWELL X
the vote indicated to the right hereof adopted by the COUNCIL of the H OFFMANN
County of Hawai`i on July 8, 2010 X
IKEDA X
NAEOLE - BEASON X
ATTEST: ONISHI X
YAGONG X
YOSHIMOTO X
, 8 1 0 0
v�� Reference: C- 856 /Waived FC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.
362 10
2
i. ii
REPORT OF THE
COMMITTEE ON PLANNING
DATE: November 16, 2010 Re: Comm. No. 580/Res. No. 257-09
PLACE: Sheraton Keauhou Bay Resort& Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
TIME: 11:15 p.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Planning, to which was referred Communication No. 580, reports as
follows:
Communication No. 580, transmitted by Council Member Kelly Greenwell, dated
October 20, 2009 presents a resolution to establish a shoreline park system, requesting that the
County Council begin negotiations with the State of Hawai`i to classify these lands as current
open space.
This matter, originally agendized for the November 3, 2009 meeting of your Committee, was
postponed at the November 3, 2009 meeting, and at the subsequent November 17, 2009 meeting,
There was no discussion on this matter. It must be noted however, that during the vote, Council
Member Guy Enriques voted aye, then asked to be allowed to re-vote, stating that he meant to
vote against the resolution. Your Committee was not opposed to allowing a re-vote, and Council
Member Enriques was allowed to change his vote to "no". Also noted is that Council Member
Onishi voted "kanalua" once, then"no."
Your Committee on Planning is in not accord with the purpose and intent of
Resolution No. 257-09, and forwards it to Council with a negative recommendation.
awm
AYES NOES A&E EX Respectfully submitted,
ENRIQUES X
FORD X COMMITTEE ON PLANNING
GREENWELL X
HOFFMANN X
IKEDA X
NAEOLE X DONALD IKEDA,CHAIR
ONISHI X
YAGONG X PC REPORT NO. 104
YOSHIMOTO X ADOPTED:
OFFICE INFORMATION ONLY
Meeting: December 15, 2010—2nd Session (2010-2012)
Action: Filed Resolution 257-09 and PC-104
PC Report 104 transmitted the above resolution with a "negative"
recommendation due to a vote of 6-noes.
Re: Res. 257-09 (Comm. 580) /PC-104
REPORT OF THE
COMMITTEE ON PLANNING
DATE: June 14, 2011 Re: Comm. No. 224
PLACE: Council Chambers
Kona, Hawai`i
TIME: 10:30 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Comm. No. 224, reports as follows:
Communication No. 224, from Mayor William Kenoi, dated May 23, 2011, requests
confirmation of the appointment of Mr. Henry K. Kaaihue, Jr. of Council District 4 to the County
of Hawaii Board of Appeals. Mr. Kaaihue is a 40-year resident of Hawai`i. He is the owner of
Advanced Home Builders, LLC. Prior to that, he worked for 12 years at the Fairmont Orchid in
guest services.
Mr. Kaaihue, Jr. is the past president and current secretary/treasurer of the Business Network
International East Hawaii Chapter, and the former secretary/treasurer of the Hilo International
Longshore and Warehouse Union. He states that he is a member of the Democratic Party. If
confirmed, he will serve a term to expire on December 31, 2015, replacing Peter Hendricks,
whose term expired on December 31, 2010.
Mr. Kaaihue, Jr. was present and spoke of his desire to serve on the Board of Appeals.
There was no further discussion.
Due to the absence of four committee members and one no vote, as reflected below, Your
Committee did not receive the five votes required in favor to move the nomination forward with
a positive recommendation, and requests the nominee to be present at final confirmation before
the full Council.
Your Committee is not in accord with the purpose and intent of Comm. 224 and forwards it to
Council with a negative recommendation.
dh
AYES NOES A&E EX Respectfully submitted,
BLAS X
FORD X COMMITTEE ON PLANNING
HOFFMANN X
IKEDA X
ONISHI X
PILAGO X 1 `41s111LJ
SMART x PETE HOFFMA , C IR
YAGONG X PC REP S ' NO. 20
YOSHIMOTO X ADOPTED:
OFFICE INFORMATION ONLY
Meeting: July 7, 2011 —22' Session
Action: Filed Communication 224 and PC-20
PC Report 20 transmitted the above Communication with a
"negative" recommendation due to a vote of 4-ayes, 1-no and
4-absent.
Re: Comm. 224 /PC-20
REPORT OF THE
COMMITTEE ON PLANNING
DATE: September 20, 2010 Re: Comm. No. 729/Bill 215, Draft 2
PLACE: Sheraton Keauhou Bay Resort & Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
TIME: 2:00 p.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Planning,to which was referred Bill No. 215, Draft 2, reports as follows:
Bill No. 215, Draft 2,transmitted via Communication No. 729 from Council Member Pete Hoffmann,
dated March 1, 2010, seeks to amend Chapter 25,Article 2, Division 4, Section 25-2-46 of the Hawai`i
County Code 1983 (2005 Edition, as amended), relating to concurrency conditions by expanding existing
concurrency requirements,to include parks and recreational and firefighting facilities in new
developments.
This matter was initially agendized for the April 19, 2010 meeting of your Committee, but was
postponed. It was subsequently postponed on the May 4, 2010,to the call of the Chair,to allow time for
input from the affected departments.
This matter was agendized for the August 17,2010 meeting of your Committee, but due to the lengthy
discussion on other agendized matters at that meeting, Council Member Pete Hoffmann agreed to
postpone discussion on this matter until the September 8, 2010 meeting of your Committee.
At the September 8, 2010 meeting, Council Member Pete Hoffmann informed your Committee that Fire
Chief Darryl Oliveira was in agreement with the amendments. Committee Chair Donald Ikeda informed
your Committee that in a recent discussion with Chief Oliveira, he(Ikeda)heard statements contrary to
Mr. Hoffmann's representation. This matter was postponed to the September 20,2010 meeting, in order
to assure the presence of all departments for discussion purposes.
At the September 20, 2010 meeting of your Committee,two members of the public provided testimony.
One member spoke in opposition to Bill No. 215, Draft 2, and one provided social commentary.
Council Member Hoffmann moved to introduce the contents of Communication No. 729.4,to further
amend Bill No. 215, Draft 2. Council Member Brenda Ford seconded his motion. Committee Chair
Donald Ikeda asked to be allowed to step down from his seat for purposes of discussion in this matter.
Planning Committee Vice-Chair Guy Enriques presided over the discussion.
During the discussion of Mr. Hoffmann's most recent proposed amendment, Planning Department
Director Bobby Jean Leithead-Todd and Parks and Recreation Director Bob Fitzgerald reiterated their
departments' positions while that the underlying concept of the bill was a step in the right direction, the
bill itself, and its proposed amendments, were flawed.
PC Report No. 94
Comm. 729/Bill 215, Draft 2
September 20,2010
Page 2
Director Fitzgerald stated that he had not discussed this matter with Mr. Hoffmann in many months, but
the department's position had not changed. Director Fitzgerald informed your Committee that he
preferred to sit down with the developer and the planner and make his determination on a case-by-case
basis.
Director Leithead-Todd reminded your Committee that portions of the bill could be in conflict with other
chapters of the County Code, and with provisions in the Hawai`i Revised Statutes.
Council Members Ford, Hoffmann and Naeole-Beason voted in favor of further amending Bill 215,
Draft 2 with the contents contained in Communication 729.4. Council Members Onishi, Yoshimoto,
Ikeda and Enriques voted against the amendment. The motion failed.
During the discussion of the main motion, Mr. Hoffmann asked your Committee to pass his bill now,
stating that amendments and refinement could be made later. Mr. Hoffmann stated that the County
should not allow discussion by the developers. Mr. Hoffmann stated that this allows developers to talk
their way out of concurrency.
Director Leithead-Todd reminded your Committee that concurrency does not provide much needed
infrastructure, nor does it reduce the deficit in facilities. She stated that concurrency prevents
development and it prevents rezoning except for big projects by developers who can afford to meet the
concurrency requirements.
Fire Chief Oliveira was present but was not asked to participate in the discussion.
Your Committee concurs with the Windward and Leeward Planning Commissions' and the Planning
Director's negative recommendation regarding passage of Bill 215, Draft 2.
Your Committee on Planning is in not accord with the purpose and intent of Bill No. 215, Draft 2 and
forwards it for first reading to Council with a negative recommendation.
awm
AYES NOES A&E EX Respectfully submitted,
ENRIQUES X
FORD X COMMITTEE ON PLANNING
GREENWELL X
HOFFMANN X
IKEDA X
NAEOLE-BEASON X DONALD IKEDA, CHAIR
ONISHI X
YAGONG X PC REPORT NO. 94
YOSHIMOTO X ADOPTED:
PC Report No. 94
OFFICE INFORMATION ONLY
Meeting: October 6, 2010 —49th Session
Action: Filed Bill 215 (Draft 2) and PC-94
PC Report 94 transmitted the above Bill 215 (Draft 2) with a
"negative" recommendation due to a vote of 5-noes.
Re: Bill 215 (Draft 2) / Comm. 729.3 / PC-94
,o�tY OF it4, .
�Gpi
COUNTY OF HAWAII 67->*-5;‘'W: STATE OF HAWAII
RESOLUTION NO. 363 10
A RESOLUTION TO RECOMMEND THAT THE DEPARTMENT OF LAND AND
NATURAL RESOURCES DISALLOW THE COLLECTION OF REEF FISH FOR
EXPORT IN THE WATERS SURROUNDING THE ISLAND OF HAWAII.
WHEREAS, throughout history, man's impact upon the environment has generally
started with unrealized abuse; and
WHEREAS, all too often this abuse has been recognized only after irreparable damage is
done; and
WHEREAS, many examples on our island demonstrate volumes where often
unintentional abuse and deference have occurred, resulting in the extinction of numerous plant
and animal species; and
WHEREAS, historical reference shows the collection of exotic varieties of reef fish are
responsible for dramatic reduction of population in many areas; and
WHEREAS, the environment is both the responsibility and the legacy of everyone; and
WHEREAS, what appears to be another wave of abuse to our environment must not be
tolerated; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
considers the collection of reef fish for export from the County of Hawai`i's coastal waters to be
inconsistent with proper environmental practice.
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is
asked to consider and concur with this position, and thus disallow such action from further
occurrence.
Page 1 of 2
BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this
resolution to the Honorable Mayor William P. Kenoi, the Director of the Department of Parks
and Recreation, the Director of the Planning Department, the Honorable Governor Linda Lingle,
the Director of the Department of Land and Natural Resources (Division of Aquatic Resources,
Division of Conservation and Resources Management), the Chair of the Board of Land and
Natural Resources, the Honorable Senator Russell S. Kokubun, the Honorable Senator Josh
Green, the Honorable Senator Dwight Y. Takamine, the Honorable Representative Jerry L.
Chang, the Honorable Representative Denny Coffman, the Honorable Representative Cindy
Evans, the Honorable Representative Faye P. Hanohano, the Honorable Representative Robert
N. Herkes, and the Honorable Representative Clift Tsuji.
Dated at , Hawai`i, this day of , 2010.
INTRODUCED BY:
/ / /
■..//..ii A ,A4i..1/
CO C . : .R, OUNTY OF 'AWAY I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii ENRIQUES
FORD
I hereby certify that the foregoing RESOLUTION was by GREENWELL
the vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN
County of I Iawai`i on
IKEDA
NAEOLE-BEASON
AT FEST: ONISHI
YAGONG
YOSHIMOTO
Reference: C-862LHSEDC.
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 363 10
2
OFFICE INFORMATION ONLY
Meeting: November 4, 2010 - 51St Session
Action: Filed Resolution 363-10 and HSEDC-9
HSEDC Report 9 transmitted the above resolution with a "negative"
recommendation due to a vote of 5-noes.
Re: Res. 363-10 (Comm. 862) /HSEDC-9