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HomeMy WebLinkAboutRES 362 Draft 01 2008-2010 - JMtY os N1 I` I ' COUNTY OF HAWAII '' ":.� /• STATE OF HAWAII art OFN ►J _ 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