HomeMy WebLinkAboutAGE COUNCIL 10/18/2005 2004-2006 ACTIONS
STACY K. HIGA JAMES Y. ARAKAKI
PETE HOFFMANN
Chair & Presiding Officer
FRED C. HOLSCHUH, M.D.
VIRGINIA ISBELL DONALD IKEDA
BOB JACOBSON
Vice Chair
K. ANGEL PILAGO
GARY SAFARIK
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
23 rd Session
ORDER OF BUSINESS
Hawai‘i County Council
Hilo, Hawai‘i
Tuesday, October 18, 2005
9:00 a.m.
INVOCATION Pastor Bob Tominaga of Thy Word Ministries
CALL TO ORDER 9:05 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES August 17, 2005 – APPROVED
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawai‘i County is an Equal Opportunity Provider and Employer.
Hawai‘i 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: PETITION FOR IMPEACHMENT (SEEKING THE IMPEACHMENT OF THE
MAYOR AND EIGHT SITTING HAWAI‘I 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
FILED
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
ORDER OF RESOLUTIONS
Res. 169-05 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 Hawai‘i Water Safety Officers for lifeguard
surveillance.}
Re: Comm. 445.1
Intr. by: Ms. Isbell
Approve: FC-157
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-23 Page 3 October 18, 2005
Res. 170-05: Authorizes the Council's Process for Procuring an Independent Auditor(s), Pursuant
to Section 10-13, Hawai‘i 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
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 171-05: Requests that the Hawai‘i County Council Hold Public Hearings Around Hawai‘i
Island to Facilitate Discussion of the Proposal that Hawai‘i 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
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Res. 172-05: Authorizes the Office of the Mayor to Enter Into an Agreement With the State of
Hawai‘i 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
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-23 Page 4 October 18, 2005
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
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
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
Hawai‘i Veterans' Cemetery Other Current Expense. Discretionary funds would be
used to purchase fence for the access road leading up to the West Hawai‘i Veterans'
Cemetery and to buy larger trees.}
Re: Comm. 477
Intr. by: Ms. Isbell
Waived: FC
AMENDED TO DRAFT 2 & ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Jacobson – 1.
Res. 188-05: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal
Year for a Multi-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
ADOPTED:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Pilago, Safarik, and Chair Higa – 8.
NOES: Council Member Jacobson – 1.
ABSENT & EXCUSED:None.
Hawai‘i County Council-23 Page 5 October 18, 2005
9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 132: Amends Ordinance No. 05-87, as Amended, Relating to Public Improvements
and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006.
{Adds ENVIRONMENTAL MANAGEMENT: West Hawai‘i 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 Hawai‘i 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
FILED
Bill 146: Amends Chapter 24, of the Hawai‘i County Code 1983 (2005 Edition), Relating to
Vehicles and Traffic. {Authorizes 20 mile per hour speed limits along
Hōkū‘ula Road, Spencer Road, Konokohau Road, and Laelae Road.}
Re: Comm. 424
Intr. by: Mr. Ikeda
Approve: PWIRC-24
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-23 Page 6 October 18, 2005
Bill 152: Amends Ordinance No. 05-87, as Amended, Relating to Public Improvements
and Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006.
{Increases FIRE: Pāhoa 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
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 153: Amends Ordinance No. 05-87, 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
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Bill 154 Amends Chapter 18, Article 4, Division 1, Subsection 18-90(h), of the Hawai‘i
(Draft 2): County Code 1983 (2005 Edition), Relating to Public Transportation.
{Designates the entire County of Hawai‘i as a transportation kōkua zone,
expanding on the successful kōkua zones currently provided between Pāhoa
and Hilo and Ocean View and Kawaihae.}
Re: Comm. 450.1
Intr. by: Mr. Ikeda
Approve: PWIRC-25
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
Hawai‘i County Council-23 Page 7 October 18, 2005
Bill 155: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the
County of Hawai‘i 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
ST
PASSED 1 READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
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. 05-86, as Amended, the Operating Budget for the County
of Hawai‘i 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 Parking 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
st
1 Reading: October 5, 2005
ND
PASSED 2 & FINAL READING:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda,
Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9.
NOES: None.
ABSENT & EXCUSED:None.
REPORTS
FC-158 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 Hawai‘i Veterans Cemetery II.
APPROVED
PSPRC-15 Recommends approval of the nominations of the following individuals to the
(Comm. 438): Veterans Advisory Committee: Don D. Bennett and Richard L. Stevens.
APPROVED
Hawai‘i County Council-23 Page 8 October 18, 2005
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.
FILED
REFERRALS FOR EXECUTIVE SESSION
The Council anticipates convening an executive meeting regarding the following cases, pursuant to
Section 92-5(a)(4), Hawai‘i 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.)
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
COUNCIL 9:00 a.m. COUNCIL ROOM
ADJOURNMENT 5:22 p.m.
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 October 14, 2005. Persons using TDDs may call 961-8521.
Hawai‘i County Council-23 Page 9 October 18, 2005
Copies of an item listed on the agenda may be viewed at the Hawai‘i County Services Office at 75-5706 Kuakini
Highway, Suite 103, Kailua-Kona, Hawai‘i 96740; at the Office of the County Clerk at 25 Aupuni Street, Hilo,
Hawai‘i 96720; at the Kona Council Members' Office at the Kailua Trade Center, 75-5706 Hanama Place,
Suite 109, Kailua-Kona, Hawai‘i 96740; and at the Waimea Council Members' Office at the Holomua Center,
64-1067 Māmalahoa Highway, Suite 5, Waimea, Hawai‘i 96743.
Videoconferencing is available at the following locations:
Kona Council Office at the Kailua Trade Center; and
Waimea Council Office at the Holomua Center.
If, for technical reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will
continue.
Videoconferencing from the Pāhoa Neighborhood Facility will not be available.
Submitting 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
sixteen (16)
bring 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
Office 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.
Notice to Lobbyists: If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of
becoming a lobbyist {Article 15, Section 2-91.3(b), Hawai‘i 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), Hawai‘i County Code}. Registration forms and expenditure report documents are available at the
Office of the County Clerk-Council, 25 Aupuni Street, Hilo, Hawai‘i 96720.
Government Access Television: Channel 52 (Hilo and Kona) Wednesday, October 26, 2005, at 6 p.m.; Sunday,
October 30, 2005, at 10:30 a.m.; and Wednesday, November 2, 2005, at 6 p.m.
(Hawai‘i Tribune Herald – October 14, 2005)
(West Hawai‘i Today – October 14, 2005)