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HomeMy WebLinkAboutAGE COUNCIL 02/15/2006 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 31 st Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, February 15, 2006 9:00 a.m. INVOCATION Reverend Tim Carigon of Hilo Missionary Church CALL TO ORDER 9:09 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-31 Page 2 February 15, 2006 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE, AND ORDER OF RESOLUTIONS PETITIONS, MEMORIALS, COMMUNICATIONS, CERTIFICATES OF MERIT AND EXPRESSIONS OF CONDOLENCE Comm. 655: Recommends approval of the nomination of the following individuals to the Cost of Government Commission: Myles Y. Miyasato (Council District 1), Melvyn K. Sakaguchi (Council District 2), Barbara R. Stremski (Council District 3), Edgar B. Ombac (Council District 4), Wayne T. Joseph (Council District 5), Marilyn L. Nicholson (Council District 6), Darlene J. Ferrantino (Council District 7), William L. Wong (Council District 8), and Pamela F. Cushnie (Council District 9); Waived: FC APPROVED, WITH THE REMOVAL OF WILLIAM L. WONG FROM THE LIST OF NOMINEES and Comm. 655.1: From Finance Committee Chair Virginia Isbell, dated January 30, 2006, requesting that the above Communication 655 be waived from the Finance Committee. Comm. 657: Recommends approval of the nomination of George A. Harai (Council District 7) to the Water Board; Waived: FC APPROVED and Comm. 657.1: From Clerical Services Supervisor Charmaine Shigemura, dated January 27, 2006, stating that Mr. Hirai is presently employed and not retired, as previously noted. Comm. 663: Recommends approval of the nomination of the following individuals to the Tax Board of Review: Ernest F. Matsumura (Council District 2), Harold Murata (Council District 7), and Michael B. Sumja (Council District 9); Waived: FC APPROVED and Comm. 663.1: From Finance Committee Chair Virginia Isbell, dated February 1, 2006, requesting that the above Communication 663 be waived from the Finance Committee. Hawai‘i County Council-31 Page 3 February 15, 2006 ORDER OF RESOLUTIONS Res. 193-05 Commends Modern Roundabouts for Consideration in Road, Street, and Highway (Draft 2): Intersection Design in Hawai‘i County. {Establishes roundabouts as the preferred intersection design for new and improved road, street, and highway intersections.} Re: Comm. 496.8 Intr. by: Mr. Jacobson File: PWIRC-33 FILED (Note: Resolution 193-05, Draft 2, is being replaced in its entirety by Resolution 245-06, which is listed below.) Res. 245-06: Commends Modern Roundabouts for Consideration in Road, Street, and Highway Intersection Design in Hawai‘i County; Re: Comm. 496.10 Intr. by: Mr. Jacobson Approve: PWIRC-34 ADOPTED: AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 8. NOES: Council Member Arakaki – 1. ABSENT & EXCUSED:None. and Comm. 496.11: From Josephine Keliipio, dated January 31, 2006. Res. 246-06: Authorizes the Acceptance of a Remnant Parcel and Rights-of-Way (Tax Map Keys: (3)2-4-012:043; 2-4-002: Portions of 001 and 128), Situate at Waiākea, District of South Hilo, County and State of Hawai‘i, from the State of Hawai‘i, for the Kawailani Street Improvements, ‘Iwalani Street to Pohakulani Street. Re: Comm. 643 Intr. by: Mr. Ikeda Approve: PWIRC-32 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-31 Page 4 February 15, 2006 Res. 247-06: Changes Time Element of an Executive Assistant II (2/5T) to Half Time. {Position is responsible for keeping the public informed about County government and community activities through the effective use of public media.} Re: Comm. 645 Intr. by: Ms. Isbell Approve: FC-225 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 248-06: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawai‘i Department of the Attorney General, Pursuant to HRS 46-7, for the Non-Support Prosecution Grant. {Funds would be used to initiate investigation and prosecution of individuals who are persistently non-compliant of child support orders emphasizing on individuals with "off the books" income who evade their responsibility to support their children.} Re: Comm. 646 Intr. by: Ms. Isbell Approve: FC-226 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 256-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $20,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Transfer to Capital Projects Fund (Department of Public Works – Hokupa‘a Street Drainage Project). Discretionary funds from District 3 would be used for the construction of a new drainage structure to mitigate localized flooding conditions on Hokupa‘a Street.} Re: Comm. 673 Intr. by: Mr. Arakaki Waived: FC 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-31 Page 5 February 15, 2006 Res. 257-06: 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 (Tourism Promotion – Hawai‘i Island Visitors Bureau). Discretionary funds from District 3 would be used for the Hawai‘i Island Visitors Bureau (HIVB) to translate promotional videos/DVD's into Chinese and Korean, enabling the County, HIVB, local businesses, and the University of Hawai‘i at Hilo to open new partnerships and opportunities for tourism, business, education, and cultural exchange.} Re: Comm. 674 Intr. by: Mr. Arakaki Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 259-06: 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 Transfer to Capital Projects Fund – G (Department of Parks and Recreation-Honoka‘a Arena Improvements). Discretionary funds from District 1 would be used to fund the implementation of a sprinkler system for the inner grounds of the Honoka‘a Arena.} Re: Comm. 678 Intr. by: Mr. Holschuh Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. 9:45 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) Hawai‘i County Council-31 Page 6 February 15, 2006 BILLS FOR ORDINANCES (FIRST READING) Bill 4 Amends Chapter 4 of the Hawai‘i County Code 1983 (1995 Edition), Animals. (Draft 5): {The purpose of this measure is to amend Chapter 4 by adding definitions, increasing licensing and impound fees, increasing penalties, establishing minimum fines, establishing method of resolution for first offense of violations prior to the court date, modify duration and time of day of restrictions regarding noisy dogs, and permitting an animal care center to contract with the County to provide services for animal control and care.}; Re: Comm. 22.23 Intr. by: Mr. Jacobson Approve: PSPRC-4 Postponed: February 16, 2005 (pending public hearings) Public Hearings Held: March 10, 15, 17, and 22, 2005 and Comm. 22.91: From Council Member Bob Jacobson, dated February 1, 2006, transmitting Bill 4, Draft 6. Draft 6 repeals the existing Chapter 4, Animals, and amends the Hawai‘i County Code by adding a "new" Chapter 4, Animals. This bill proposes amendments to: 1) provide the option of contracting for animal control and care services, 2) establish a spay-neuter special fund, 3) increase license, impoundment, and kennel fees and establish a new reduced license fee for dogs with an implanted micro-chip; standardize fines at "not less than $75 nor more than $1,000" with the exception of violations regarding dangerous dogs where fines are set at "not less than $200 nor more than $1,000", 4) clarify noisy dog violations and procedures for enforcement, and 5) broaden powers of enforcement and provide for deputizing livestock owners; and Bill 4 Amends Chapter 4 of the Hawai‘i County Code 1983 (2005 Edition), Animals; (Draft 6): Intr. by: Mr. Jacobson TO COMMIT BILL 4, DRAFTS 5 AND 6, AND ALL RELATED COMMUNICATIONS TO PUBLIC SAFETY AND PARKS AND RECREATION COMMITTEE and Comm. 22.18: From David Hammes, dated January 31, 2005; and Comm. 22.19: From Albert Ledergerber, undated; and Comm. 22.20: From Wayne Sakedo, undated; and Comm. 22.24: From Council Member Pete Hoffmann, undated, submitting proposed language to Bill 4, Draft 5; and Comm. 22.25: From Ginger Towle, West Hawai‘i Humane Society, dated February 16, 2005; and Comm. 22.26: Hawai‘i Island Humane Society "Responsible Pet Ownership" informational sheet, undated; and Comm. 22.27: From Matt Hoeflinger, Chair, Conservation and Political Action Committee, Pig Hunters of Hawai‘i, dated February 15, 2005; and Comm. 22.28: From Barbara L. Brown, dated February 8, 2005; and Comm. 22.29: From Travis Enoka, dated February 12, 2005; and Comm. 22.30: From Ginger Towle, West Hawai‘i Humane Society, dated February 14, 2005; and Comm. 22.31: From Tommy Medeiros, President, Pig Hunters of Hawai‘i, dated February 8, 2005; and Hawai‘i County Council-31 Page 7 February 15, 2006 Comm. 22.32: From Richard Hoeflinger, Founder/President, Big Island Gun Dogs, dated February 14, 2005; and Comm. 22.33: From Steven J. Araujo, dated February 14, 2005; and Comm. 22.34: From M. Van Hove, dated February 10, 2005; and Comm. 22.35: From Nancy Zorn, Chair, Animal Control Task Force, and President, Kona Paradise Property Owners Association, dated January 30, 2005; and Comm. 22.36: From Lilian Beaufrere, Chair, Solutions 2005: Neighborhoods in Action, and Member, Animal Control Task, dated February 15, 2005; and Comm. 22.37: From "Michael", dated February 22, 2005; and Comm. 22.38: From Bob Peck, Director of Covenants, Leilani Homeowners Association, dated December 10, 2004; and Comm. 22.39: From Normand Dionne, dated March 7, 2005; and Comm. 22.40: From Catherine D. Killam, Cat-Care, dated February 16, 2005; and Comm. 22.41: From Steven J. Araujo, undated; and Comm. 22.42: From Council Member Bob Jacobson, dated March 10, 2005, submitting proposed language to Bill 4, Draft 5; and Comm. 22.43: From Steven Hurt, President, Big Island Bird Hunters, dated March 9, 2005; and Comm. 22.44: From Richard Hoeflinger, Founder/President Big Island Gun Dogs, dated March 10, 2005; and Comm. 22.45: AVID FriendChip flyer, undated; and Comm. 22.46: From Ginger Towle, West Hawai‘i Humane Society, dated March 17, 2005; and Comm. 22.47: From Lil Beaufrere, Chairperson, Solutions 2005: Neighborhoods in Action, and Member, Animal Control Task, dated March 15, 2005; and Comm. 22.48: From Gail and Joel Loofbourrow, undated; and Comm. 22.49: From Carol R. Campbell, dated March 18, 2005; and Comm. 22.50: From Jamie Kaniho Langi, undated; and Comm. 22.51: From Gale A. Sansone, dated March 22, 2005; and Comm. 22.52: From Sandy T. Sugiyama and Diane Kimura-Sugiyama, dated March 20, 2005; and Comm. 22.53: From Lil Beaufrere, Chairperson, Solutions 2005: Neighborhoods in Action, and Member, Animal Control Task, dated March 22, 2005; and Comm. 22.54: From Josephine Keliipio, dated March 22, 2005; and Comm. 22.55: From Beatrice Van Wyngarden, dated March 20, 2005; and Comm. 22.56: From Megan Mitchell, dated March 18, 2005; and Comm. 22.57: From Barbara C. Sterne, Coordinator, American Bouvier League (ABRL), dated March 21, 2005; and Comm. 22.58: Petition signed by 508 individuals; and Comm. 22.59: From Josephine Keliipio, dated March 27, 2005; and Comm. 22.60: From Rick Habein, President, Sheep Producer's Association of Hawai‘i, undated; and Comm. 22.61: From Edward A. Gervais, dated March 28, 2005; and Comm. 22.62: From Richard and Bindy Rushton, dated March 29, 2005; and Comm. 22.63: From Jeffrey B. Judd, dated March 29, 2005; and Comm. 22.64: From Tony and Barbara Tomono, dated March 29, 2005; and Comm. 22.65: From Ed Lewis, dated March 30, 2005; and Comm. 22.66: From Sandy T. Sugiyama and Diane Kimura-Sugiyama, dated April 1, 2005; and Comm. 22.67: From Haroldine Akiona, President, Hilo Obedience Training Club, dated April 11, 2005; and Comm. 22.68: From Josephine Keliipio, dated April 10, 2005; and Comm. 22.69: From G. Risso and Etsuko Nanashima, dated April 11, 2005; and Comm. 22.70: From Patricia Olson, dated April 12, 2005; and Comm. 22.71: From Roger Dagdag, Sr., and Michelle T. Smith, dated April 16, 2005; and Hawai‘i County Council-31 Page 8 February 15, 2006 Comm. 22.72: From Frances Pueo, dated June 14, 2005; and Comm. 22.73: From Richard Hoeflinger, undated; and Comm. 22.74: From Ginger Towle, West Hawai‘i Humane Society, dated July 18, 2005; and Comm. 22.75: From Nancy Sweatt, dated January 23, 2006; and Comm. 22.76: From Lee Tracy and Mike Galvin, dated January 23, 2006; and Comm. 22.77: From Michael Galvin, dated January 23, 2006; and Comm. 22.78: From Roberta Agre, Vice-President, Advocats, dated January 24, 2006; and Comm. 22.79: From Thalia D. Naidu, Representative, Advocats, Inc., dated January 20, 2006; and Comm. 22.80: From OneWahine, dated January 20, 2006; and Comm. 22.81: From Libby Kelson-Fulcher, Reverend, Weddings A La Heart, dated January 21, 2006; and Comm. 22.82: From Joy Banks, dated January 21, 2006; and Comm. 22.83: From Margie Gillman-Wolfe, dated January 21, 2006; and Comm. 22.84: From Tom Shockley, Dive Makai Charters, dated January 22, 2006; and Comm. 22.85: From Kunzang D. Yuthok, dated January 22, 2006; and Comm. 22.86: From Judy Kocon, dated January 22, 2006; and Comm. 22.87: From Judy Sweatland, dated January 22, 2006; and Comm. 22.88: From Larann Bergstedt, dated January 22, 2006; and Comm. 22.89: From Mele U. Spencer, dated January 29, 2006; and Comm. 22.90: From Ferol Kolons, dated January 25, 2006. Bill 208: 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 – Non-Support Prosecution ($82,600); appropriates same to Non-Support Prosecution.} Re: Comm. 646 Intr. by: Ms. Isbell Approve: FC-227 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-31 Page 9 February 15, 2006 Bill 216: 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 PUBLIC WORKS: Hokupa‘a Street Drainage Project ($20,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources (Contingency Relief) ($20,000).} Re: Comm. 673 Intr. by: Mr. Arakaki Waived: FC 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 218: 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: Honoka‘a Arena Improvements ($30,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources (Contingency Relief) ($30,000).} Re: Comm. 678.1 Intr. by: Mr. Holschuh Waived: FC 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. 11:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) Hawai‘i County Council-31 Page 10 February 15, 2006 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 190 Amends Ordinance No. 05-87, as Amended, Relating to Public Improvements and (Draft 2): Financing Thereof for the Fiscal Year July 1, 2005 to June 30, 2006. {Increases the following appropriation: ENVIRONMENTAL MANAGEMENT: East Hawai‘i Regional Sort Station \[$2,200,000\] ($3,321,000); appropriation increase shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($1,121,000). Draft 2 decreases the proposed increase of $2,779,000 to $1,121,000 for the Department of Environmental Management’s East Hawai‘i Regional Sort Station.}; Re: Comm. 597.6 Intr. by: Ms. Isbell st 1 Reading: January 20, 2006 Postponed: February 1, 2006 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Hoffmann, Holschuh, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 7. NOES: Council Members Arakaki and Ikeda – 2. ABSENT & EXCUSED:None. and Comm. 597.7: From Mayor Harry Kim, dated January 27, 2006; and Comm. 597.8: From Marjorie Erway, dated January 31, 2006. (Note: There is a pending motion by Ms. Isbell and duly seconded by Mr. Jacobson to approve Bill 190, Draft 2.) Bill 197: Amends Ordinance No. 93-8, Relating to Exceptional Trees. {Removes one mango tree from a grove of 600 mango trees located adjacent to Pohoiki Road, which was added to the list of “Exceptional Trees of the County of Hawai‘i”.} Re: Comm. 609 Intr. by: Mr. Pilago st 1 Reading: February 1, 2006 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. Hawai‘i County Council-31 Page 11 February 15, 2006 Bill 198: Amends Section 25-8-32 (South Hilo District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the st District Classification from Unzoned to Agricultural (A-80a) at Kukuau 1, South Hilo, Hawai‘i, Covered by Tax Map Key 2-4-8:33 (approx. 885.400 acres). {The Newton Family Limited Partnership, Applicant.} Re: Comm. 615 Intr. by: Mr. Pilago st 1 Reading: February 1, 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. Bill 199: Amends Section 25-8-33 (City of Hilo 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-1a) to Neighborhood Commercial (CN-20) at Ponahawai, South Hilo, Hawai‘i, Covered by Tax Map Key 2-3-36:18 (approx. 8 acres). {Matsuno Enterprises, Ltd., Applicant.} Re: Comm. 616 Intr. by: Mr. Pilago st 1 Reading: February 1, 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. Bill 200: Amends Section 25-8-34 (Papaikou-Onomea 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) and Single Family Residential (RS-15) to Family Agricultural (FA-5a) at Wainaku, South Hilo, Hawai‘i, Covered by Tax Map Key 2-6-032:004 & 005 (approx. 26.122 acres). {Kulana Kea, LLC, Applicant.} Re: Comm. 617 Intr. by: Mr. Pilago st 1 Reading: February 1, 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. Hawai‘i County Council-31 Page 12 February 15, 2006 Bill 201: 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 DEPARTMENT OF WATER SUPPLY: Ainaloa Waterline Installation ($750,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($750,000). Funds would be used to install a waterline from State Highway 130 along Ainaloa Boulevard to Woodrose Drive in the Ainaloa Subdivision.} Re: Comm. 620 Intr. by: Mr. Safarik st 1 Reading: February 1, 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 204: 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 Contribution from Private Source ($500); appropriates same to Fire Prevention – Other Current Expense.} Re: Comm. 634 Intr. by: Ms. Isbell st 1 Reading: February 1, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Hoffmann – 1. Bill 205: 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 ($100,000); appropriates same to Product Development Program-State. Funds would be used to support and improve the tourism product development initiatives and projects.} Re: Comm. 635 Intr. by: Ms. Isbell st 1 Reading: February 1, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Hoffmann – 1. Hawai‘i County Council-31 Page 13 February 15, 2006 Bill 206: 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 the following appropriation: PUBLIC WORKS: Hawai‘i County Building Improvements \[$1,500,000\] ($5,500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($4,000,000). Additional funds would be used for incidental and supplemental work to complete the removal of asbestos fire proofing on roof trusses, above ceiling spaces, AC equipment, and floor tiles.} Re: Comm. 636 Intr. by: Ms. Isbell st 1 Reading: February 1, 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 207: 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: Kahuku Park Improvements ($40,000); funds shall be provided from General Obligation Bonds, Capital Project Fund-Fund Balance, and/or Other Sources (Contingency Relief) ($40,000). Funds would be used for a community walking path (Life Walk); retaining rock walls at the soccer field, swing sets, and pavilion area, for erosion prevention and public safety; and for metal seats in the swing set area.} Re: Comm. 638 Intr. by: Mr. Jacobson st 1 Reading: February 1, 2006 2/3 Vote: Section 10-6(d), Hawai‘i County Charter ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Hoffmann – 1. REPORTS FINANCIAL Monthly Financial Status Report from the Finance Department for the Month REPORT: Ended August 31, 2005. ACCEPTED Hawai‘i County Council-31 Page 14 February 15, 2006 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. 672: CLAIM AGAINST THE COUNTY/ROY H. KOI From Deputy Corporation Counsel Joseph K. Kamelamela, dated February 1, 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, FEBRUARY 28, 2006 COMMITTEES TBA COUNCIL ROOM WEDNESDAY, MARCH 1, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM THURSDAY, MARCH 16, 2006 COUNCIL PUBLIC 5:00 p.m. COUNCIL ROOM HEARING RE BUDGETS (E. HAWAI‘I) ADJOURNMENT 4:33 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 February 13, 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. Hawai‘i County Council-31 Page 15 February 15, 2006 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, February 22, 2006, at 6 p.m.; Sunday, February 26, 2006, at 10:30 a.m.; and Wednesday, March 1, 2006, at 6 p.m. (Hawai‘i Tribune Herald – February 12, 2006) (West Hawai‘i Today – February 12, 2006)