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HomeMy WebLinkAboutAGE COUNCIL 04/19/2006 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 35 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, April 19, 2006 9:00 a.m. INVOCATION Reverend Brian Welsh of Haili Church CALL TO ORDER 9:05 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 22, 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-35 Page 2 April 19, 2006 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 MOTION TO RESOLVE INTO THE COMMITTEE OF THE WHOLE RE: COMM. 711.3 Comm. 711.3: SELECTION OF A COUNCIL MEMBER TO SERVE AS A LIAISON BETWEEN THE COUNCIL AND THE ADMINISTRATION FOR IMPROVING COMMUNICATION BETWEEN THE COUNCIL AND ADMINISTRATION RELATING TO THE PROCUREMENT PROCESS AND TIMETABLE REGARDING ANY RFP EVALUATION COMMITTEE SELECTING PRIVATE VENDORS PROPOSING SOLID WASTE SOLUTIONS FOR THE COUNTY OF HAWAI‘I BY THE COUNCIL’S COMMITTEE OF THE WHOLE From Environmental Management Committee Chair Gary Safarik, dated March 31, 2006, stating that at the Council’s March 1, 2006, meeting, Resolution 267-06 (Draft 3) was adopted calling for the selection of a Council Member through the Committee of the Whole, as stated above. APPROVED MS. ISBELL OR HER DESIGNEE TO SERVE AS LIAISON Comm. 788: NOMINATES THE FOLLOWING INDIVIDUALS TO THE NATIONAL ASSOCIATION OF COUNTIES (NACo) BOARD OF DIRECTORS: DARYL W. KANESHIRO (KAUA‘I COUNTY), G. RIKI HOKAMA (MAUI COUNTY), AND DONOVAN M. DELA CRUZ (CITY AND COUNTY OF HONOLULU); AND THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS: STACY K. HIGA (HAWAI‘I COUNTY) AND MEL RAPOZA (KAUA‘I COUNTY) FOR FISCAL YEAR 2006-2007 From HSAC Vice Chair Stacy K. Higa, dated March 24, 2006, recommending approval of the above nominations by the HSAC Executive Committee. Waived: PWIRC APPROVED Comm. 808: PROPOSED HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) FISCAL YEAR 2006-2007 ANNUAL BUDGET From HSAC Vice Chair Stacy Higa, dated March 31, 2006, requesting approval of HSAC’s annual budget. Waived: PWIRC APPROVED 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS Hawai‘i County Council-35 Page 3 April 19, 2006 ORDER OF RESOLUTIONS Res. 282-06: 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. {Requests an in lieu credit in the amount of $118,112.05 for the cost of connecting roadway improvements of ‘Ili‘ili Street and Ki‘eki‘e Street through its property be applied to the required fair share contribution towards road and traffic improvements, to which the Planning and Public Works Departments concurred.} Re: Comm. 743 Intr. by: Mr. Pilago Approve: PC-59 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Res. 283-06: Authorizes the Mayor or His Duly Authorized Representative to Seek Approval of In Lieu Fair Share Contribution to Satisfy Condition “H” of Ordinance No. 96 133. {Requests an in lieu credit in the amount of $16,500 for the cost of roadway improvements within Mahilani Drive be applied to the fair share contribution towards road and traffic improvements, to which the Planning and Public Works Departments concurred.} Re: Comm. 744 Intr. by: Mr. Pilago Approve: PC-60 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Hawai‘i County Council-35 Page 4 April 19, 2006 Res. 285-06: Authorizes the Payment of Funds of a Later Fiscal Year and More Than One Fiscal Year for a Multi-Year Lease (10 years) of Real Property for the One-Stop Aging & Disability Resource Center (ADRC). {This centralized site, located on the grounds of the old Sun Sun Lau building, would serve as the one-stop ADRC where information, counseling, and access to all long-term support matters would be made available to the public. The Office of Aging obtained a federal grant for $495,000 to develop the ADRC as a pilot site, and in addition to this funding, rental income would be generated through sub-leases of space to certain participating agencies.} Re: Comm. 748 Intr. by: Ms. Isbell (B/R) Approve: FC-263 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Res. 289-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Friends of the Park (Waimea Ballpark Fence). Discretionary funds from District 9 would be used replace the chain link fence at the Waimea Ballpark.} Re: Comm. 757 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Res. 292-06: Authorizes the Office of the Mayor to Enter Into an Agreement with the United States of America, Pursuant to HRS 46-7, for the South Kona Watershed Irrigation Project Grant. {Funds would be used towards the establishment of an irrigation system for the Honomalino and Kapu‘a communities.} Re: Comm. 767 Intr. by: Ms. Isbell Approve: FC-267 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Isbell, Jacobson, Pilago, and Chair Higa – 7. NOES: None. ABSENT & EXCUSED:Council Members Ikeda and Safarik – 2. Hawai‘i County Council-35 Page 5 April 19, 2006 Res. 294-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,250 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Parks and Recreation Administration Equipment Lincoln Park Improvements. Discretionary funds from District 4 would be used to supplement the purchase of playground equipment for the Lincoln Park Improvement project.} Re: Comm. 770 Intr. by: Mr. Higa Approve: FC-270 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Res. 296-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s), for Pāhala Park Improvements. {Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expense (Pāhala Park). Discretionary funds from District 6 would be used to purchase a new baseball backstop for Pāhala Park.} Re: Comm. 781 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 7. NOES: None. ABSENT & EXCUSED:Council Members Holschuh and Safarik – 2. Res. 297-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s), for Ho‘okena Beach Park Improvements. {Transfers/appropriates $10,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Friends of the Park (Ho‘okena Beach Park). Discretionary funds from District 6 would be used to finance the required surveying, mapping, determination of metes and bounds, and other documentation for the set-aside at Ho‘okena for park and recreation purposes.} Re: Comm. 782 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 7. NOES: None. ABSENT & EXCUSED:Council Members Holschuh and Safarik – 2. Hawai‘i County Council-35 Page 6 April 19, 2006 Res. 298-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s), for Wai‘ōhinu Park Improvements. {Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expense (Wai‘ōhinu Park). Discretionary funds from District 6 would be used to purchase a new baseball backstop for Wai‘ōhinu Park.} Re: Comm. 783 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Res. 299-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s), for Ho‘okena Beach Park Improvements. {Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Friends of the Park (Ho‘okena Beach Park). Discretionary funds from District 6 would be used to install an emergency telephone at Ho‘okena Beach Park.} Re: Comm. 784 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Res. 300-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s), for Kahuku Park Improvements. {Transfers/appropriates $10,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Friends of the Park (Kahuku Park Volleyball Court, Sand). Discretionary funds from District 6 would be used to purchase sand for the outdoor volleyball court at Kahuku Park.} Re: Comm. 786 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Hawai‘i County Council-35 Page 7 April 19, 2006 Res. 301-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $16,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Aquatics Pools Other Current Expense (Kohala Pool Starting Blocks). Discretionary funds from District 9 would be used to purchase eight new starting blocks for Kohala Pool.} Re: Comm. 792 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Res. 302-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $30,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Public Works, Transfer to Capital Projects Fund (Waikoloa Emergency Access Road). Discretionary funds from District 9 would be used to construct an emergency access road extending from Hulu Street in Waikoloa Village to Queen Ka‘ahumanu Highway along the Kohala Coast.} Re: Comm. 793 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Hawai‘i County Council-35 Page 8 April 19, 2006 Res. 305-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $10,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development, Hawai‘i County Resource Center (North Kohala Community Resource Center for the Hawai‘i Wildlife Center). Discretionary funds from District 9 would be used to fund the North Kohala Community Resource Center for the public education efforts of the Hawai‘i Wildlife Center.} Re: Comm. 797 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Res. 312-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,100 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Liquor Control, Public Programs (Hilo High School Grad Night). Discretionary funds from District 2 would be used to help defray costs related to the 2006 Hilo High School Grad Night.} Re: Comm. 809 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Res. 313-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $15,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Planning, Planning Other Current Expense (Wilson Okamoto Corporation). Discretionary funds from District 1 would be used to assist with the funding requirements for Community Development Planning for the County.} Re: Comm. 810 Intr. by: Mr. Holschuh Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Hawai‘i County Council-35 Page 9 April 19, 2006 Res. 314-06: Authorizes the Mayor of the County of Hawai‘i to Execute and Submit the 2006 Action Plan and All Other Related Documents to the United States Department of Housing and Urban Development for the 2006 Community Development Block Grant and to the State’s Housing and Community Development Corporation of Hawai‘i for the Home Investment Partnerships and American Dream Downpayment Initiative Programs. Re: Comm. 815 Intr. by: Mr. Hoffmann Approve: CHA – April 5, 2006 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. 10:15 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 222: Planning Director Initiated Repealing Ordinance No. 487 Which Amended Section 7.29, the City of Hilo Zone Map, Ordinance No. 63 (Zoning Ordinance), Revised Ordinances of the County of Hawai‘i 1967, as Amended, and Changed the District Classification from Agricultural (A-1a) to Single Family Residential (RS-7.5) at Ponahawai, South Hilo, Hawai‘i, Covered by Tax Map Key: 2-3-36:Portion 18 and 2-3-37:6. Upon the Repeal of Ordinance No. 487, the District Classification of the Subject Area Shall be Agricultural (A-1a). Re: Comm. 681 Intr. by: Mr. Pilago Approve: PC-61 ST AMENDED TO DRAFT 2 & PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. ;and Comm. 681.1: From Planning Director Christopher J. Yuen, dated April 5, 2006, transmitting a revised map relating to the above bill. Hawai‘i County Council-35 Page 10 April 19, 2006 Bill 228: Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-20a) to Agricultural (A-10a) at Kaloko Mauka Subdivision, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-26:13 (approx. 21.474 acres). {John Totah, Applicant.} Re: Comm. 691 Intr. by: Mr. Pilago Negative Recommendation: PC-57 ST AMENDED TO DRAFT 2 & PASSED 1 READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, and Chair Higa – 5. NOES: Council Members Hoffmann, Jacobson, and Pilago – 3. ABSENT & EXCUSED:Council Member Safarik – 1. Bill 229: Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-20a) to Agricultural (A-5a) at Kaloko Mauka Subdivision, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-25:9 (approx. 23.211 acres.) {Scott Gesling, Applicant.} Re: Comm. 692 Intr. by: Mr. Pilago Negative Recommendation: PC-58 ST AMENDED TO DRAFT 2 & PASSED 1 READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, and Chair Higa – 5. NOES: Council Members Hoffmann, Jacobson, and Pilago – 3. ABSENT & EXCUSED:Council Member Safarik – 1. Bill 241: Amends Chapter 15, Article 7, Section 15-62(b), Hawai‘i County Code 1983 (2005 Edition), Relating to the Veterans Advisory Committee. {Reduces the number of at-large slots to 3 and 13 slots to be filled by specific organizations.} Re: Comm. 740 Intr. by: Mr. Jacobson Approve: PSPRC-24 FILED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. ;and Comm. 740.1: From Parks and Recreation Director Patricia G. Engelhard, dated March 15, 2006, requesting that Bill 241 be withdrawn. States that the Legislative Research Branch recommended several changes for clarification and to avoid confusion, will be consolidating these changes and resubmitting a new bill. Hawai‘i County Council-35 Page 11 April 19, 2006 Bill 245: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Increases revenues in State Grants – Product Development Program ($75,000); appropriates same to Product Development Program-State. Additional funds would be used to support and improve tourism product development initiatives and projects.} Re: Comm. 760 Intr. by: Ms. Isbell Approve: FC-266 ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Bill 252: 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 Federal Grants – South Kona Watershed Irrigation Project ($347,200); appropriates same to South Kona Watershed Irrigation Project.} Re: Comm. 767 Intr. by: Ms. Isbell Approve: FC-268 ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Bill 262: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Increases revenues in Housing Voucher Program ($150,000); appropriates same to Voucher Rental Subsidies.} Re: Comm. 811 Intr. by: Mr. Hoffmann Approve: CHA – April 5, 2006 ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Hawai‘i County Council-35 Page 12 April 19, 2006 Bill 263: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Increases revenues in Federal Grants – Workforce Investment Act 2005 ($20,115); appropriates to the following: Workforce Investment Act – Administration Planning 2005-06 ($18,885) and Workforce Investment Act – Youth Program 2005-06 ($1,230), for a total of $20,115.} Re: Comm. 812 Intr. by: Mr. Hoffmann Approve: CHA – April 5, 2006 ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Bill 264: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Increases revenues in the following: Federal – 2006 HOME Program ($996,173) and HOME Program Income ($21,862.21), for a total of $1,018,035.21; appropriates to the following: County of Hawai‘i Tenant Base Rental Assistance ($522,279.21), Self-Help Housing – Pacific Paradise Gardens 7 ($200,000), Self-Help Housing – Kumakua Increment 1 ($200,000), American Dream Downpayment Initiative ($10,756), and Office of Housing and Community Development Administration ($85,000), for a total of $1,018,035.21.} Re: Comm. 813 Intr. by: Mr. Hoffmann Approve: CHA – April 5, 2006 ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Hawai‘i County Council-35 Page 13 April 19, 2006 Bill 265: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Increases revenues in the following: Federal – Block Grant ($2,417,268) and Block Grant – Program Income ($69,003.17), for a total of $2,486,271.17; appropriates to the following: Removal of Architectural Barriers – Americans with Disabilities Act Compliance – Various County Facilities ($931,271.17), Hale Alanoe Group Home ($55,000), The Arc of Hilo – Construction ($750,000), Hospice of Hilo – In Patient Facility (Plans & Design) ($300,000), Construction Management ($75,000), and Administration, Planning and Fair Housing ($375,000), for a total of $2,486,271.17.} Re: Comm. 814 Intr. by: Mr. Hoffmann Approve: CHA – April 5, 2006 ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. 10:45 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 223: Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District stth Classification from Open (O) to General Industrial (MG-15a) at Kalaoa 1-4, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-49:36 and 37 (approx. 15.643 acres). {Hawai‘i Electric Light Company, Inc., Applicant.} Re: Comm. 686 Intr. by: Mr. Pilago st 1 Reading: April 5, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Hawai‘i County Council-35 Page 14 April 19, 2006 Bill 232: Initiates a Charter Amendment to Section 13-4, Article XIII of the Hawai‘i County Charter Relating to Composition and Terms of Boards and Commissions. {Allows all members who serve less than a two-year term to succeed themselves for an additional full term.} Re: Comm.696 Intr. by: Ms. Isbell st 1 Reading: March 22, 2006 nd 2 Reading: April 5, 2006 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai‘i County Charter RD PASSED 3 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Bill 238: Amends Article VII, Chapter 1, of the Hawai‘i County Charter (2000), Relating to the Department of Civil Service. {The proposed Charter amendments are for the purposes of: changing the name of the Civil Service Commission to Merit Appeals Board; changing the name of the Department of Civil Service to Department of Human Resources; changing the title of Director of Personnel or Director of Civil Service to Director of Human Resources; and changing the title of Deputy Director of Personnel or Deputy Director of Civil Service to Deputy Director of Human Resources.} Re: Comm. 726 Intr. by: Ms. Isbell st 1 Reading: April 5, 2006 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai‘i County Charter ND PASSED 2 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Hawai‘i County Council-35 Page 15 April 19, 2006 Bill 239 Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of (Draft 2): Hawai‘i for the Fiscal Year Ending June 30, 2006. {Appropriates revenues in Healing Our Island ($100,000) and Community Anti-Drug Effort Account ($100,000), for a total of $200,000; appropriates to Healing Our Island ($100,000) and Community Anti-Drug Effort Account ($100,000), for a total of $200,000.} Re: Comm. 729.1 Intr. by: Ms. Isbell st 1 Reading: April 5, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1 Bill 240: 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 Contribution/Donation from Private Source ($600); appropriates same to Police Administration Division – Other Current Expense.} Re: Comm. 733 Intr. by: Ms. Isbell st 1 Reading: April 5, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Bill 242: 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 Federal Grants – Erosion and Sedimentation Control ($44,000); appropriates same to Erosion and Sedimentation Control.} Re: Comm. 742 Intr. by: Ms. Isbell st 1 Reading: April 5, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Hawai‘i County Council-35 Page 16 April 19, 2006 Bill 243 Amends Ordinance No. 95-82 of the County of Hawai‘i Adopted on July 5, 1995, (Draft 2): as Amended by Ordinance No. 96-92 Adopted on August 15, 1996, Relating to the Issuance of General Obligation Bonds. {Amends the 1996A General Obligation Bond to allow use of unspent funds for any appropriated capital improvement projects which are in progress or ready to start. Draft 2 states that all expended funds would be used for the following projects: Police Microwave Relocation and Renovation, New Waikoloa Ho‘oko Street Park, Kuakini Highway Improvements, and Prosecuting Attorney Office Renovation.} Re: Comm. 745.1 Intr. by: Ms. Isbell st 1 Reading: April 5, 2006 2/3 Vote: Section 47-5, Hawai‘i Revised Statutes ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Safarik – 1. Bill 244: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2006. {Increases revenues in Fund Balance from Previous Year ($1,200,000); appropriates to the following: Landfills – Other Current Expense ($1,150,000) and Recycling Program – County Other Current Expense ($50,000), for a total of $1,200,000. Funds would be re-appropriated for the Waikoloa Village Curbside Study, which had lapsed; road and paving improvements at the Hilo Transfer and Recycling Facility; cover rising fuel costs; and construct the sliver fill at the South Hilo Sanitary Landfill.} Re: Comm. 746 Intr. by: Ms. Isbell (B/R) st 1 Reading: April 5, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, and Chair Higa – 7. NOES: Council Member Arakaki – 1. ABSENT & EXCUSED:Council Member Safarik – 1. REPORTS FINANCIAL Monthly Financial Status Report from the Finance Department for the Month REPORT: Ended January 31, 2006. ACCEPTED EMC-10 Recommends approval of the nomination of Ms. Suzanne P. Mayhew (Council (Comm. 735): District 5) to the Environmental Management Commission. APPROVED FC-265 Recommends approval of the nomination of Mr. Newton Inouye (Council (Comm. 756): District 2) to the Salary Commission. APPROVED Hawai‘i County Council-35 Page 17 April 19, 2006 FC-269 Recommends acceptance of the donation of shipping charges valued at $19,140.54 (Comm. 769): by Matson Navigation Company to ship three lifeguard towers (two for Hāpuna Beach and one for Kahalu‘u Beach) from California to the Department of Parks and Recreation Aquatics Division. APPROVED PSPRC-23 Recommends approval of the nomination of Mr. Francis I. Pacheco (Council (Comm. 725): District 2) to the Veterans Advisory Committee. 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. Comm. 535.1: RUSSELL VS. COUNTY OF HAWAI‘I, CIVIL NO. 97-01102 SPK From Deputy Corporation Counsel Joseph K. Kamelamela, dated April 6, 2006. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL Comm. 816: REQUEST FOR REPRESENTATION OF LYLE HIROTA AND MARK NORMAN; THOMAS YOUNG V. COUNTY OF HAWAI‘I, CIVIL NO. 05-01-164K From Deputy Corporation Counsel Joseph K. Kamelamela, dated April 6, 2006. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS WEDNESDAY, APRIL 26, 2006 PLANNING 6:00 p.m. KEALAKEHE HIGH COMMITTEE PUBLIC SCHOOL CAFETERIA HEARING RE BILLS 224 AND 225 – REZONING (HILUHILU DEVELOPMENT) MONDAY, MAY 1, 2006 COMMITTEES TBA COUNCIL ROOM TUESDAY, MAY 2, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM Hawai‘i County Council-35 Page 18 April 19, 2006 TUESDAY, MAY 16, 2006 COMMITTEES TBA COUNCIL ROOM COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM HEARING RE REAL PROPERTY TAX RATES (E. HAWAI‘I) WEDNESDAY, MAY 17, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM THURSDAY, MAY 18, 2006 COUNCIL PUBLIC 6:00 p.m. SHERATON KEAUHOU HEARING RE REAL BAY RESORT & SPA PROPERTY TAX RATES (W. HAWAI‘I) ADJOURNMENT 4:36 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 April 17, 2006. Persons using TDDs may call 961-8521. 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. Hawai‘i County Council-35 Page 19 April 19, 2006 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.” {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, April 26, 2006, at 6 p.m.; Sunday, April 30, 2006, at 10:30 a.m.; and Wednesday, May 3, 2006, at 6 p.m. (Hawai‘i Tribune Herald – April 16, 2006) (West Hawai‘i Today – April 16, 2006)