HomeMy WebLinkAboutAGE COUNCIL 04/05/2006 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
34 th Session
ORDER OF BUSINESS
Hawai‘i County Council
Hilo, Hawai‘i
Wednesday, April 5, 2006
9:00 a.m.
INVOCATION Kahu Wendell Davis of Kamehameha Schools Hawai‘i Campus
CALL TO ORDER 9:12 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
(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-34 Page 2 April 5, 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
Comm. 776: NOMINATION OF AN OFFICER AND ALTERNATE TO THE HAWAI‘I
STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE
FOR FISCAL YEAR 2006-2007.
From HSAC Alternate Vice Chair James Y. Arakaki, dated March 21, 2006,
recommending approval of the nominations of Stacy Higa as Vice Chair, James Y.
Arakaki as Alternate Vice Chair, and Donald Ikeda as Second Alternate Vice Chair
of the HSAC Executive Committee.
Waived: PWIRC
APPROVED
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
ORDER OF RESOLUTIONS
Res. 258-06: Accepts the Dedication of Real Property, Being a Portion of Tax Map
Key: (3)2-4-048:068, Situate at Waiākea, in the District of South Hilo, County and
State of Hawai‘i, from William Takaba and Cheryl Ann Takaba. {Parcel contains
an area of approximately 1,080 square feet and would be used for future road
widening purposes along the frontage of Edena Street.}
Re: Comm. 677
Intr. by: Mr. Ikeda
Approve: PWIRC-38
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Res. 271-06: Authorizes the Receipt and Expenditure of State Funding Appropriated by the State
Legislature Pursuant to Act 178, Session Laws of Hawai‘i 2005, for Community
Anti-Drug Efforts on the Island of Hawai‘i. {Funds would be utilized by providing
grants to community organizations to undertake projects that promote community
anti-drug efforts.}
Re: Comm. 729
Intr. by: Ms. Isbell
Approve: FC-249
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Hawai‘i County Council-34 Page 3 April 5, 2006
Res. 274-06: Authorizes the Director of Finance to Negotiate a Lease of Real Property in
Kawaihae, Tax Map Key (3) 6-1-03:10, 11 and 14 (approx. 4.670 acres), to the
Kawaihae Canoe Club. {Parcel to be used for recreational, cultural, and educational
purposes relating to the perpetuation and preservation of the art of Hawaiian
outrigger canoe racing and Hawaiian koa canoes within the communities of
South Kohala, North Kohala, and Hāmākua.}
Re: Comm. 732
Intr. by: Ms. Isbell
Approve: FC-251
ADOPTED:
AYES: Council Members Hoffmann, Ikeda, Isbell, Jacobson,
Pilago, Safarik, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Holschuh – 2.
Res. 275-06: Authorizes the Acceptance of a Monetary Donation of $600 to the Hawai‘i County
Police Department. {Funds donated by the Kona Coast Resort would be used for
the Department’s Special Response Team.}
Re: Comm. 733
Intr. by: Ms. Isbell
Approve: FC-252
ADOPTED:
AYES: Council Members Hoffmann, Ikeda, Isbell, Jacobson,
Pilago, Safarik, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Holschuh – 2.
Res. 276-06: Authorizes the Acceptance of a Donation of an Automated External Defibrillator
(AED) for the Hilo Municipal Golf Course. {The wall-mounted Phillips AED,
donated by the Hawai‘i Island Golf Association, has an estimated total value of
$1,875.}
Re: Comm. 736
Intr. by: Ms. Isbell
Approve: FC-254
ADOPTED:
AYES: Council Members Hoffmann, Ikeda, Isbell, Jacobson,
Pilago, Safarik, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Holschuh – 2.
;and
Comm. 736.1: From Council Chair Stacy K. Higa, dated March 23, 2006.
Hawai‘i County Council-34 Page 4 April 5, 2006
Res. 277-06: Authorizes the Acceptance of a Donation of a Search Canine to the Hawai‘i County
Police Department’s Juvenile Aid Section. {The trained canine, donated by Canines
for Kids, Inc., is capable of searching for missing children and Alzheimer’s patients
and to trail criminal suspects.}
Re: Comm. 737
Intr. by: Ms. Isbell
Approve: FC-255
ADOPTED:
AYES: Council Members Hoffmann, Ikeda, Isbell, Jacobson,
Pilago, Safarik, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Holschuh – 2.
Res. 278-06: Creates an Investigator III (Temporary) Position and a Legal Assistant II
(Temporary) Position for the Office of the Prosecuting Attorney’s Non-Support
Prosecution Project Team. {The Investigator III position would provide
investigative and follow-up support critical to the identification and development of
persistent non-support cases; and the Legal Assistant II position would provide
paralegal support for the project.}
Re: Comm. 738
Intr. by: Ms. Isbell
Approve: FC-256
ADOPTED:
AYES: Council Members Hoffmann, Ikeda, Isbell, Jacobson,
Pilago, Safarik, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Holschuh – 2.
Res. 279-06: Authorizes the Granting of an Easement for Utility Purposes Over a Portion of
Lot 2 (Kula‘imano Heights, Unit VIII, Increment 2), Being Tax Map
Key: (3)2-8-007:073, Situate at Kumula Street, Pepe‘ekeo, District of South Hilo,
County and State of Hawai‘i, to Hawaiian Telcom, Inc. {The fair market value of
the site with an area of 908 square feet is $1,500.}
Re: Comm. 739
Intr. by: Mr. Ikeda
Approve: PWIRC-39
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Hawai‘i County Council-34 Page 5 April 5, 2006
Res. 280-06: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year for One Truck Tractor for the Environmental Management
Department’s Solid Waste Division. {Replaces one of their truck tractors that was
involved in a highway accident and deemed totaled by an appraiser.}
Re: Comm. 741
Intr. by: Ms. Isbell
Approve: FC-257
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Res. 281-06: Authorizes the Office of the Mayor to Enter Into a Contract for Goods and Services,
Adm. Serv. Office Log No. 06-212, with the Department of Health, State of
Hawai‘i, to Update and/or Revise the County of Hawai‘i Erosion and Sedimentation
Control Standards and Guidelines. {The Public Works Department has received a
grant of $44,000 from the Department of Health for the update and/or revision of
the County’s Erosion and Sedimentation Control Guidelines. Funds would be used
to a) review existing Standards and Guidelines; b) compare and evaluate standards
and guidelines from other counties in the State of Hawai‘i and/or selected
municipalities on the mainland; c) prepare an updated report including application
of Best Management Practices to different types of projects and settings; and
d) incorporate applicable comments by participating committees/agencies into the
draft Revised County’s Standards and Guidelines.}
Re: Comm. 742
Intr. by: Ms. Isbell
Approve: FC-258
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Res. 284-06 Creates a Park Caretaker II Position, a Park Caretaker I Position, and a Park
(Draft 2): Caretaker I Position for the Department of Parks and Recreation. {These positions
would ensure that the Pu‘umaile/Lehia Park located in Hilo and the Honl’s/Waiaha
Beach Park located in Kona are properly serviced and maintained.}
Re: Comm. 747.1
Intr. by: Ms. Isbell
Approve: FC-262
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Hawai‘i County Council-34 Page 6 April 5, 2006
Res. 286-06: Creates a Property Manager Position and a Clerk III Position for the Department of
Finance. {The Department is responsible in providing staff to manage the lands
acquired by the County and to minimize use of outside agents, and to fulfill this
responsibility, these positions would staff the new Property Management Division.}
Re: Comm. 749
Intr. by: Ms. Isbell
Approve: FC-264
ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik – 2.
Res. 288-06: Supports Financing of the Planning, Design and Construction of the Waste
Reduction Facility in East Hawai‘i Utilizing the Design-Build-Operate Procurement
Process.
Re: Comm. 752
Intr. by: Mr. Safarik
Waived: EMC
AMENDED TO DRAFT 2 & ADOPTED:
AYES: Council Members Hoffmann, Holschuh, Isbell, Jacobson,
Pilago, Safarik, and Chair Higa – 7.
NOES: Council Member Ikeda – 1.
ABSENT & EXCUSED:Council Member Arakaki – 1.
10:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST 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
Approve: PC-56
ST
PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Hawai‘i County Council-34 Page 7 April 5, 2006
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
Approve: FC-248
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai‘i County Charter
ST
PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik – 2.
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
Approve: FC-250
ST
PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik – 2.
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
Approve: FC-253
ST
PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik – 2.
Hawai‘i County Council-34 Page 8 April 5, 2006
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
Approve: FC-259
ST
PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, and Chair Higa – 7.
NOES: None.
ABSENT & EXCUSED:Council Members Arakaki and Safarik – 2.
Bill 243: Amends Ordinance No. 95-82 of the County of Hawai‘i Adopted on July 5, 1995,
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.}
Re: Comm. 745
Intr. by: Ms. Isbell (B/R)
Approve: FC-260
2/3 Vote: Section 47-5, Hawai‘i Revised Statutes
ST
AMENDED TO DRAFT 2 & PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 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)
Negative Recommendation: FC-261
ST
PASSED 1 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Hawai‘i County Council-34 Page 9 April 5, 2006
10:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND
OR FINAL READING)
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 214: Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2006. {Decreases revenue in Bus
Revenues <$232,000> and increases revenue in Fund Balance from Previous Year
($2,758,465), for a total of $2,526,465; and appropriates to the following: Data
Systems – Equipment ($63,000), Finance Administration and Budget – Other
Current Expense ($102,025), Advertising ($58,700), Treasury – Other Current
Expense ($20,000), Property Management – Salary and Wages ($20,618), Property
Management – Other Current Expense ($3,132), Property Management –
Equipment ($7,250), Civil Service – Salary and Wages ($26,500), Civil Service –
Other Current Expense ($750), Research and Development – Other Current Expense
($9,000), Research and Development – Equipment ($20,000), Public Works
Administration – Other Current Expense ($75,910), Automotive Division –
Equipment ($56,000), Police Commission – Other Current Expense ($4,000), Police
Administration Division – Other Current Expense ($660,400), North Hilo – Other
Current Expense ($3,000), Hāmākua – Other Current Expense ($10,000), Waimea –
Other Current Expense ($9,000), Kohala Police – Other Current Expense ($11,000),
Kona Police – Other Current Expense ($89,000), Ka‘u Police – Other Current
Expense ($14,000), Puna Police – Other Current Expense ($7,000), Fire Protection
– Other Current Expense ($150,000), Fire Protection Equipment ($264,070),
Construction Inspection – Salary and Wages ($21,000), Building Inspection –
Salary and Wages ($120,000), Building Inspection – Other Current Expense
($35,000), Flood Control – Other Current Expense ($150,000), Civil Defense
Agency – Other Current Expense ($31,500), RSVP – Other Current Expense
($7,000), Parks and Recreation Administration – Other Current Expense ($11,250),
Parks Maintenance – Salary and Wages ($24,460), Parks Maintenance – Equipment
($26,900), Recreation Division – Other Current Expense ($45,000), Aquatics Pools
– Other Current Expense ($100,000), Pana‘ewa Zoo – Other Current Expense
($25,000), Transfer to Housing Fund ($170,000), Public Safety
Disaster/Emergency-G ($75,000), for a total of $2,526,465. Due to the
implementation of the Kokua Bus System, $232,000 reflects the loss in bus
revenues and attaches a list of fund balance proposals showing the breakdown of the
appropriations and a brief explanation on how the funds would be used.}
Re: Comm. 671
Intr. by: Ms. Isbell (B/R)
st
1 Reading: March 1, 2006
Postponed: March 22, 2006
;and
Comm. 671.3: From Finance Director William Takaba, dated March 7, 2006, transmitting Bill 214,
Draft 2. Draft 2 requests an additional $15,000 be taken from the fund balance and
appropriated to the Office of Management – Other Current Expense account for:
1) a contractual hire to assist Mayor Kim’s Executive Assistant Roy Takemoto as he
works on the Community Development Plans, and 2) final reimbursement payments
to the consultant working on the large capacity gang cesspool replacement project;
and
Hawai‘i County Council-34 Page 10 April 5, 2006
Bill 214 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. {Increases revenue in Fund
Balance from Previous Year ($2,773,465), changing the revenue total to
$2,541,465; and appropriates to the following: Office of Management – Other
Current Expense ($15,000). Please note that all remaining items are the same as
contained in Draft 1 for a total of $2,541,465.}
Intr. by: Ms. Isbell (B/R)
Postponed: March 22, 2006
;and
Comm. 671.5: From Finance Committee Chair Virginia Isbell, dated March 21, 2006, requesting
proposed amendments to Bill 214, Draft 2. The amendments are designed to allow
additional examination and review of the requests for: 1) environmental
assessments during sale of County land; 2) overtime; 3) property management
division salary and wages, operating expenses, and equipment; 4) police
commission other current expense; 5) matching funds for the 2004 and 2005
Assistance to Firefighters Grant; and 6) flood control contractual services. In
addition, the amendments propose: 1) establishing additional contingency funds for
council districts ($80,000/district); 2) funding legislative expenses; and 3) funding
election expenses.
Postponed: March 22, 2006
;and
Comm. 671.4: From Council Member Virginia Isbell, dated March 22, 2006, transmitting Bill 214,
Draft 3. Draft 3 amendments move funds to the Council’s contingency account to
allow for additional examination and review of the requests for 1) environmental
assessments during sale of County land; 2) overtime; 3) property management
division salary and wages, operating expenses, and equipment; 4) police
commission other current expense; and 5) matching funds for the 2004 and 2005
Assistance to Firefighters Grant. In addition, the amendments propose to
1) establish additional contingency funds for council districts ($80,000/district);
2) fund legislative expenses; 3) fund election expenses; and 4) fund a Grant Writer
position, SR 24 for the Department of Research and Development (attaches
Exhibit “A” which lists the total adjustments); and
Bill 214 Amends Ordinance No. 05-86, as Amended, the Operating Budget for the County of
(Draft 3): Hawai‘i for the Fiscal Year Ending June 30, 2006. {Decreases revenue in Bus
Revenues <$232,000> and increases revenue in Fund Balance from Previous Year
($3,727,401), for a total of $3,495,401; and appropriates to the following: Office of
Management – Other Current Expense ($15,000), Data Systems – Equipment
($63,000), Finance Administration and Budget – Other Current Expense ($2,025),
Advertising ($58,700), Treasury – Other Current Expense ($20,000), Civil Service –
Other Current Expense ($750), Research and Development – Salary and Wages
($11,073), Research and Development – Other Current Expense ($9,000), Research
and Development – Equipment ($20,000), Public Works Administration – Other
Current Expense ($75,910), Automotive Division – Equipment ($56,000), Police
Administration Division – Other Current Expense ($660,400), North Hilo – Other
Current Expense ($3,000), Hāmākua – Other Current Expense ($10,000), Waimea –
Other Current Expense ($9,000), Kohala Police – Other Current Expense ($11,000),
Kona Police – Other Current Expense ($89,000), Ka‘ū Police – Other Current
Expense ($14,000), Puna Police – Other Current Expense ($7,000), Fire Protection
Hawai‘i County Council-34 Page 11 April 5, 2006
– Other Current Expense ($150,000), Building Inspection – Salary and Wages
($120,000), Building Inspection – Other Current Expense ($35,000), Flood Control
– Other Current Expense ($150,000), Civil Defense Agency – Other Current
Expense ($31,500), RSVP – Other Current Expense ($7,000), Parks and Recreation
Administration – Other Current Expense ($11,250), Parks Maintenance – Salary and
Wages ($24,460), Parks Maintenance – Equipment ($26,900), Recreation Division –
Other Current Expense ($45,000), Aquatics Pools – Other Current Expense
($100,000), Pana‘ewa Zoo – Other Current Expense ($25,000), Transfer to Housing
Fund ($170,000), Public Safety Disaster/Emergency-G ($75,000), Legislative –
Contingency Relief ($1,155,497), Clerk-Council Services – Other Current Expense
($115,300), Clerk-Council Services – Equipment ($104,736), Election Division –
Other Current Expense ($12,300), and Election Division – Equipment ($1,600), for
a total of $3,495,401.}
Intr. by: Ms. Isbell (B/R)
ND
AMENDED TO DRAFT 4 & PASSED 2 & FINAL READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
(Note: There are three pending motions: 1) Ms. Isbell moved to approve Bill 214,
duly seconded by Mr. Holschuh; 2) Ms. Isbell moved to amend Bill 214 with
Draft 2, duly seconded by Mr. Ikeda; and 3) Ms. Isbell moved to amend Bill 214,
Draft 2, with her proposed amendments contained in Communication 671.5, duly
seconded by Mr. Ikeda.)
Bill 215: 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 Transfer
from General Fund ($170,000); appropriates to the following: Kawaihae
Transitional Shelter ($136,000) and Hawai‘i Island Workforce Economic
Development Ohana (HIWEDO) ($34,000), for a total of $170,000. Funds would
be used at the Kawaihae Transitional Housing Shelter to maintain its services for
this fiscal year and for repairs to its shelter; and by HIWEDO for its workforce
development programs.}
Re: Comm. 671
Intr. by: Ms. Isbell (B/R)
st
1 Reading: March 1, 2006
Postponed: March 22, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
(Note: There is a pending motion by Ms. Isbell and duly seconded by Mr. Pilago to
approve Bill 215.)
Hawai‘i County Council-34 Page 12 April 5, 2006
Bill 219 Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
(Draft 2): Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District
Classification from Single Family Residential (RS-10) to General Commercial
(CG-10) at Waiakea, South Hilo, Hawai‘i, Covered by Tax Map Key 2-2-28:30, 32,
33 (approx. 28,002 square feet). {Janice Oshiro, Applicant.}
Re: Comm. 679.2
Intr. by: Mr. Jacobson
st
1 Reading: March 22, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Pilago, Safarik, and Chair Higa – 7.
NOES: Council Member Jacobson – 1.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Bill 230: 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
PARKS AND RECREATION: Hakalau Veterans’ Park Improvements
($1,050,000); funds shall be provided from General Obligation Bonds, Capital
Project Fund-Fund Balance, and/or Other Sources ($1,050,000). Funds would be
used to purchase required materials and then install restrooms and a pavilion
($400,000); bleachers ($30,000); roofing to cover bleachers ($120,000); and to
make all ADA compliant improvements ($500,000).}
Re: Comm. 693
Intr. by: Mr. Holschuh
st
1 Reading: March 22, 2006
2/3 Vote: Section 10-6(d), Hawai‘i County Charter
ND
PASSED 2 & FINAL READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
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
2/3 Vote: Second of three required readings,
Section 15-1(a), Hawai‘i County Charter
ND
PASSED 2 READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
Hawai‘i County Council-34 Page 13 April 5, 2006
Bill 233: 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 – Pāhoa Weed and Seed ($33,500); appropriates same to Pāhoa Weed and
Seed.}
Re: Comm. 697
Intr. by: Ms. Isbell
st
1 Reading: March 22, 2006
ND
PASSED 2 & FINAL READING:
AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell,
Jacobson, Pilago, Safarik, and Chair Higa – 8.
NOES: None.
ABSENT & EXCUSED:Council Member Arakaki – 1.
REPORTS
FINANCIAL Monthly Financial Status Report from the Finance Department for the Month
REPORT: Ended December 31, 2005.
ACCEPTED
FC-247 Recommends approval of the nomination of Mr. George “Rick” Robinson (Council
(Comm. 722): District 7) to the Civil Service Commission.
APPROVED
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. 514.1: JAMES R. PARRISH AND LISA R. PARRISH, ET. AL. V. THE HONORABLE
RONALD IBARRA, JUDGE OF THE THIRD CIRCUIT COURT, STATE OF
HAWAI‘I, ET. AL. CIV. NO. 05-651; JAMES R. PARRISH AND LISA R.
PARRISH, ET. AL. V. THE STATE OF HAWAI‘I, ET. AL. CIV. NO. 05-1-0315
REQUEST FOR EXECUTIVE SESSION
From Corporation Counsel Lincoln S. T. Ashida, dated March 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 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), Hawai‘i Revised Statutes, as amended.}
Postponed: March 22, 2006
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Hawai‘i County Council-34 Page 14 April 5, 2006
Comm. 724.1: KELLY, ET. AL. V. 1250 OCEANSIDE PARTNERS, ET. AL. CIV.
NO. 00-01-0192K
From Corporation Counsel Lincoln S. T. Ashida, dated March 3, 2006.
Postponed: March 22, 2006
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 771: CLAIM AGAINST THE COUNTY/STATE FARM INSURANCE
RE: MICHAEL GIRE
From Deputy Corporation Counsel Joseph K. Kamelamela, dated March 20, 2006.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 772: CLAIM AGAINST THE COUNTY/FREDDY RICE DBA FR CATTLE
COMPANY
From Deputy Corporation Counsel Joseph K. Kamelamela, dated March 20, 2006.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 777: MARLA ULEP VS. COUNTY OF HAWAI‘I, ET AL. VS. KEVIN JACKSON;
CIVIL NO. 04-1-0314
From Deputy Corporation Counsel Brandon A. K. Gonzalez, dated March 21, 2006.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL
Comm. 778: ROXIE McCALL, ET AL. VS. PATRICK WILSON CLOSE, ET AL.; CIVIL
NO. 05-1-0374
From Deputy Corporation Counsel Brandon A. K. Gonzalez, dated March 21, 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
TUESDAY, APRIL 18, 2006
COMMITTEES TBA COUNCIL ROOM
WEDNESDAY, APRIL 19, 2006
COUNCIL 9:00 a.m. COUNCIL ROOM
MONDAY, MAY 1, 2006
COMMITTEES TBA COUNCIL ROOM
TUESDAY, MAY 2, 2006
COUNCIL 9:00 a.m. COUNCIL ROOM
Hawai‘i County Council-34 Page 15 April 5, 2006
ADJOURNMENT 4:23 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 3, 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.
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 12, 2006, at 6 p.m.; Sunday,
April 16, 2006, at 10:30 a.m.; and Wednesday, April 19, 2006, at 6 p.m.
(Hawai‘i Tribune Herald – April 2, 2006)
(West Hawai‘i Today – April 2, 2006)