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HomeMy WebLinkAboutAGE COUNCIL 05/17/2006 2004-2006 VOTES 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 37 th Session ORDER OF BUSINESS Hawai‘i County Council Hilo, Hawai‘i Wednesday, May 17, 2006 9:00 a.m. INVOCATION Reverend Kobun Yachi of Hilo Meishoin CALL TO ORDER 9:07 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES December 7, 2005 – APPROVED Postponed: May 2, 2006 (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-37 Page 2 May 17, 2006 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, EXPRESSIONS OF CONDOLENCE, AND COMMUNICATIONS PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, EXPRESSIONS OF CONDOLENCE, AND COMMUNICATIONS Comm. 894: HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) PROPOSED SLATE OF OFFICERS FOR FISCAL YEAR 2006-2007. From HSAC Alternate Vice Chair James Y. Arakaki, dated May 2, 2006, requesting approval of the proposed slate of HSAC Officers: Stacy K. Higa, President; Joseph Pontanilla, Vice President; Romy M. Cachola, Secretary; and Mel Rapozo, Treasurer. Waived: PWIRC APPROVED ;and Comm. 894.1: HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) REVISED SLATE OF OFFICERS FOR FISCAL YEAR 2006-2007. From HSAC Alternate Vice Chair James Y. Arakaki, dated May 5, 2006, requesting approval of the revised proposed slate of HSAC Officers: Mel Rapozo, President; Stacy K. Higa, Vice President; Romy M. Cachola, Secretary; and Joseph Pontanilla, Treasurer. 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS ORDER OF RESOLUTIONS Res. 315-06 Transfers/Appropriates an Appropriation Out and From the Designated Fund (Draft 2): Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development Hawai‘i County Resource Center Miscellaneous Contract Services (Alternatives to Drugs – Big Island Youth Video Contest). Discretionary funds from District 8 would be used towards the Alternatives to Drugs – Big Island Youth Video Contest.} Re: Comm. 819.1 Intr. by: Mr. Pilago Approve: FC-289 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-37 Page 3 May 17, 2006 Res. 316-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development Tourism Promotion, Miscellaneous Contract Services (E Pūlama I Ka Honua – Cherish the Earth). Discretionary funds from District 8 would be used towards the E Pūlama I Ka Honua (Cherish the Earth) festival.} Re: Comm. 820 Intr. by: Mr. Pilago Approve: FC-290 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 321-06: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawai‘i, Hawai‘i Tourism Authority, Pursuant to HRS 46-7, for a Waipio Park Ranger Pilot Program. {Funds would be used to develop, plan, and implement a one-year pilot program to contract rangers to staff the county park at the Waipio Scenic Overlook to monitor commercial and visitor activity, report any illegal activity to law enforcement, serve as educational resources for the public, enhance the visitor experience, and protect the environment.} Re: Comm. 834 Intr. by: Ms. Isbell Approve: FC-293 ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 335-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development Tourism Promotion Miscellaneous Account Services (Hidden Treasures Itinerary – West Hawai‘i). Discretionary funds from District 4 would be used towards the Hidden Treasurer Itinerary – West Hawai‘i project, which would develop a feature article based on a six-to-eight-day itinerary for West and North Hawai‘i.} Re: Comm. 853 Intr. by: Mr. Higa 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-37 Page 4 May 17, 2006 Res. 336-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Friends of the Park (Onekahakaha Horse Shoe Rink). Discretionary funds from District 4 would be used to purchase sand for the Onekahakaha Horse Shoe Rink.} Re: Comm. 854 Intr. by: Mr. Higa Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 337-06: 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 (Kona Community Development Plan). Discretionary funds from District 8 would be used to assist with the funding requirements for Hawai‘i County’s Community Development Planning.} Re: Comm. 855 Intr. by: Mr. Pilago Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 338-06: 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 Research and Development Hawai‘i County Resource Center (The Kohala Center for the Waimea Community Development Planning Committee). Discretionary funds from District 9 would be used towards the publicity, communications, and public engagement efforts of the Waimea Community Development Planning Committee.} Re: Comm. 856 Intr. by: Mr. Hoffmann 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-37 Page 5 May 17, 2006 Res. 339-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $31,116 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Fund (District 4 Parks Improvement). Discretionary funds from District 4 would be used to pay for costs of District 4 projects to assist in park maintenance and project construction.} Re: Comm. 860 Intr. by: Mr. Higa Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 340-06: 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 Highway Fund (Roads-in-Limbo – North Kona). Discretionary funds from District 8 would be used towards the maintenance and/or repair of 5.3 miles of Roads-in-Limbo in North Kona.} Re: Comm. 861 Intr. by: Mr. Pilago Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 341-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $50,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Public Works Transfer to Highway Fund (Street Lights – District 8). Discretionary funds from District 8 would be used to purchase bulbs and materials needed to replace non-working streetlights within Council District 8.} Re: Comm. 862 Intr. by: Mr. Pilago 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-37 Page 6 May 17, 2006 Res. 342-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $80,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Planning Department Other Current Expense (Old Volcano Trail). Discretionary funds from District 6 would be used to support surveying of the Old Volcano Trail.} Re: Comm. 864 Intr. by: Mr. Jacobson Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. ;and Comm. 864.1: From Council Member Bob Jacobson, dated May 4, 2006, submitting for information the history and current restoration efforts regarding the Old Volcano Trail. Res. 343-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s) to support the Filipino Centennial Celebration Closing Ceremony. {Transfers/appropriates $4,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development Tourism Promotion (Filipino Centennial Celebration). Discretionary funds from District 6 would be used to support the Filipino Centennial Celebration Closing Ceremonies.} Re: Comm. 865 Intr. by: Mr. Jacobson 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-37 Page 7 May 17, 2006 Res. 344-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $40,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development Tourism Promotion (Big Island Visitors Bureau \[BIVB\] – Hidden Treasures of Hawai‘i’s Big Island and Kodak). Discretionary funds from District 7 would be used for the BIVB to encourage travel to the Big Island by promoting the history, scenic beauty, culture, and other attractions in our County.} Re: Comm. 866 Intr. by: Ms. Isbell Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 345-06: 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 (Big Island Aloha Festivals). Discretionary funds from District 7 would be used to help the Big Island Aloha Festivals by continuously working toward improving and expanding all of its events and programs to better meet its goals and the changing needs of our community.} Re: Comm. 867 Intr. by: Ms. Isbell 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-37 Page 8 May 17, 2006 Res. 346-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $22,950 out and from Clerk-Council Services – Contingency Relief account; credits same to Transfer to Capital Projects Fund – G (Department of Parks and Recreation – Play Equipment Upgrade. Discretionary funds from District 1 would be used towards the purchase of playground equipment to be installed at Laupāhoehoe Park.} Re: Comm. 868 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. Res. 347-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $9,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Public Works Administration Salaries and Wages (Roads-in-Limbo Policy). Discretionary funds from District 4 would be used to cover expenses for the Department of Public Works’ Roads-in-Limbo project.} Re: Comm. 870 Intr. by: Mr. Higa Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 348-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $600 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation, Recreation Division Equipment (Carvalho Park Replacement Refrigerator). Discretionary funds from District 2 would be used for costs related to the replacement of the refrigerator that was stolen from the kitchen at Carvalho Park in mid-April of this year.} Re: Comm. 871 Intr. by: Mr. Ikeda 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-37 Page 9 May 17, 2006 Res. 349-06: 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 Mass Transit Agency, Mass Transit Other Current Expense (Share-Ride Taxi Program/Bus Stop Signage). Discretionary funds from District 2 would be used for costs related to services provided by the Share-Ride Tax program, and signage for the Hele-On bus system bus stop locations and routes.} Re: Comm. 872 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 350-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,800 out and from Clerk-Council Services – Contingency Relief account; credits same to Fire Department, Fire Protection Equipment (Kaumana Fire Station and Hilo Fire Prevention office). Discretionary funds from District 2 would be used for costs related to the purchase of two computers for use by the Fire Department.} Re: Comm. 873 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 351-06: 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 (Nā Kalai Wa‘a Moku o Hawai‘i). Discretionary funds from District 8 would be used towards Nā Kalai Wa‘a Moku o Hawai‘i’s traditional voyaging canoe building program.} Re: Comm. 874 Intr. by: Mr. Pilago 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-37 Page 10 May 17, 2006 Res. 352-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $24,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development New Industry and Industry Development (Hilo Computer Assisted Learning Center). Discretionary funds from District 2 would be used towards costs related to improving and enhancing the adult literacy program conducted by the Computer Assisted Learning Center, which is currently housed in the Hilo Public Library.} Re: Comm. 875 Intr. by: Mr. Ikeda Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 353-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Civil Service Training Expenses (2006 Annual Clerical Conference). Discretionary funds from District 7 would be used towards expenses incurred by the 2006 Clerical Conference “Better Me, Better You, Better Workplace Conference”, which will be held on June 9, 2006, at the University of Hawai‘i - Hilo.} Re: Comm. 876 Intr. by: Ms. Isbell 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-37 Page 11 May 17, 2006 Res. 354-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency Relief account; credits same Hawai‘i County Fire Department Training and Volunteer Fire Miscellaneous Contract Services (Pu‘uanahulu Volunteer Fire Station Americans with Disabilities Act (ADA) Compliance Inspection). Discretionary funds from District 8 would be used towards the ADA Compliance Inspection of the Pu‘uanahulu Volunteer Fire Station facility in Council District 8.} Re: Comm. 877 Intr. by: Mr. Pilago Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 355-06: 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 Planning Department, Planning Other Current Expense (Community Readiness Program). Discretionary funds from District 9 would be used by the Planning Department to amend the consultant contract to include assistance with small group meetings as part of the Community Readiness Program.} Re: Comm. 878 Intr. by: Mr. Hoffmann 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-37 Page 12 May 17, 2006 Res. 356-06: 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 Planning Department, Planning Other Current Expense (South Kohala Community Facilities District). Discretionary funds from District 9 would be used by the Planning Department for the establishment of a Community Facilities District in South Kohala to finance construction of a permanent access road from Paniolo Drive to Queen Ka‘ahumanu Highway.} Re: Comm. 879 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 357-06: Supports Maui County and Kaua‘i County in their Efforts to Receive Fair and Adequate Reimbursement from the State for Expenses Incurred in Operating the Statewide Program on Parking for Persons with Disabilities. {States Maui County’s reimbursement of its total annual program expenses is one-quarter and Kauai County’s reimbursement is one-third.} Re: Comm. 880 Intr. by: Mr. Arakaki Waived: PWIRC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 358-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $70,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Project Fund (Waiakea-Uka Park Comfort Station). Discretionary funds from District 3 would be used for the construction of a comfort station at the Waiākea-Uka Park.} Re: Comm. 881 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-37 Page 13 May 17, 2006 Res. 359-06: Calls Upon the Hawai‘i County Department of Public Works to Implement Traffic Safety Improvements at the Intersection of Kaloko Drive and Māmalahoa Highway as Indicated by the State Department of Transportation. {Authorizes the Public Works Department to implement recommended traffic safety improvements from funds already collected for this purpose through rezoning ordinances from the Kaloko Mauka Subdivision.} Re: Comm. 882 Intr. by: Mr. Hoffmann Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 360-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s) to Support the Hawai‘i Tea Society Expansion and Promotion of the Tea Industry. {Transfers/appropriates $7,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development New Industry and Industry Development, Hawai‘i Tea Society, Miscellaneous Contract Services. Discretionary funds from District 6 would be used to support the Hawai‘i Island Tea Society.} Re: Comm. 885 Intr. by: Mr. Jacobson 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-37 Page 14 May 17, 2006 Res. 361-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $1,500 out and from Clerk-Council Services – Contingency Relief account; credits same to Clerk-Council Services – Other Current Expense (Reimbursement for Dennis Tulang). Discretionary funds from District 3 would be used to cover all reimbursements for travel and meal expenses incurred by Dennis Tulang who volunteered his services in assisting homeowners in the Waiākea-Uka and Kea‘au areas with disconnecting from their large capacity cesspools.} Re: Comm. 886 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. 366-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s) to Support Na‘alehu Main Street’s Community Capacity Building Activities. {Transfers/appropriates $4,660 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Research and Development New Industry and Industry Development (Na‘alehu Main Street Community Capacity Building). Discretionary funds from District 6 would be used to support Na‘alehu Main Street’s Community Capacity Building activities.} Re: Comm. 892 Intr. by: Mr. Jacobson 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-37 Page 15 May 17, 2006 Res. 367-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,500 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Pana‘ewa Zoo Other Current Expense (Purchase of a pair of Two-toed Sloths). Discretionary funds from District 3 would be used towards the purchase and shipping of a pair of Two-toed sloths for the Pana‘ewa Zoo.} Re: Comm. 893 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. 368-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $50,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Parks and Recreation Transfer to Capital Projects Fund – G (District 5 – Park Improvements). Discretionary funds from District 5 would be used for park improvements in Council District 5.} Re: Comm. 895 Intr. by: Mr. Safarik Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 369-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $51,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Department of Public Works Transfer to Capital Projects Fund – G (District 5 – Miscellaneous Department of Public Works Improvements). Discretionary funds from District 5 would be used for various public works improvements for the purpose of improving safety conditions in Council District 5.} Re: Comm. 896 Intr. by: Mr. Safarik 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-37 Page 16 May 17, 2006 Res. 371-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,250 out and from Clerk-Council Services – Contingency Relief account; credits same to Hawai‘i County Fire Department Training and Volunteer Fire Other Current Expense (Pu‘uanahulu Volunteer Fire Station). Discretionary funds from District 8 would be used towards fire suppression equipment, uniforms, and communication devices for the Pu‘uanahulu Volunteer Fire Station facility in Council District 8.} Re: Comm. 898 Intr. by: Mr. Pilago Waived: FC ADOPTED: AYES: Council Members Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Arakaki – 1. Res. 372-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $28,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Prosecuting Attorney – Weed and Seed Coordinator. Discretionary funds from District 5 would be used to purchase video camera equipment for the Pāhoa High and Intermediate School in order to provide security and maintain a safe environment for students and its facilities.} Re: Comm. 899 Intr. by: Mr. Safarik Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 373-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency Relief account; credits same to Prosecuting Attorney – Weed and Seed Coordinator. Discretionary funds from District 5 would be used to provide food and supplies for students enrolling in the new Pāhoa High and Intermediate School Culinary Arts Program.} Re: Comm. 900 Intr. by: Mr. Safarik 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-37 Page 17 May 17, 2006 Res. 374-06: Transfers/Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers/appropriates $3,250 out and from Clerk-Council Services – Contingency Relief account; credits same to Hawai‘i County Fire Department Training and Volunteer Fire Other Current Expense (7 Bravo Volunteer Fire Station). Discretionary funds from District 8 would be used towards fire suppression equipment, uniforms, and communication devices for 7 Bravo Volunteer Fire Station facility in Council District 8.} Re: Comm. 901 Intr. by: Mr. Pilago Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. Res. 375-06: 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 Office of the Mayor Committee on the Status of Women (Teen Dating Violence Peer Education Conference) . Discretionary funds from District 7 would be used towards the “Teen Dating Violence Peer Education Conference”, which will be held in the school year of 2006-07.} Re: Comm. 903 Intr. by: Ms. Isbell Waived: FC ADOPTED: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. 10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) BILLS FOR ORDINANCES (FIRST READING) Bill 235: Establishes an Operating Budget for the County of Hawai‘i for the Fiscal Year July 1, 2006, to June 30, 2007. {Proposed $316,076,272 Operating Budget for the County of Hawai‘i.} Re: Comm. 717 Intr. by: Ms. Isbell (B/R) Approve: FC-287 Public Hearings: March 16 and 22, 2006 ;and Hawai‘i County Council-37 Page 18 May 17, 2006 Comm. 717.43: From Mayor Harry Kim, dated May 5, 2006, transmitting Bill 235, Draft 2. Draft 2 proposes numerous amendments to the previously submitted budget for FY 2006-2007. A narrative summary of the amendments is attached to Communication No. 717.43 (available to the public). This draft revises revenues and expenditures for accounts proposed in Draft 1 as follows: General Fund (total adjustment +$6,645,844), Highway Fund (total adjustment +$2,924,245), Sewer Fund (total adjustment +$791,850), Solid Waste Fund (total adjustment +$537,527), Golf Course Fund (total adjustment -$15,000), and Housing Fund (total adjustment +$144,118). Draft 2 proposes 52 new positions, 6 deleted or deferred positions, and 1 position that reflects a change in funding.}; and Bill 235 Establishes an Operating Budget for the County of Hawai‘i for the Fiscal Year (Draft 2): July 1, 2006, to June 30, 2007. {Proposed $324,508,303 Operating Budget for the County of Hawai‘i.} Intr. by: Ms. Isbell ST AMENDED TO DRAFT 3 & 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. 717.44: From Council Member Bob Jacobson, dated April 30, 2006, submitting proposed amendments relating to the following: funding for an independent police auditor, CIP project for a pavilion at Kahuku Park, and fencing at Honuapo Beach Park; and HSEDC-3 The Committee on Human Services and Economic Development is in accord (Comm. 676.7): with the purpose and intent of the funding recommendations of $900,000 to 45 nonprofit agencies, as set forth in Communication 676.7 for inclusion in Bill 235, Draft 3, and recommends its adoption. Bill 236: Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006, to June 30, 2007. {Proposed 63 projects totaling $77,270,000 Capital Improvements Project Budget for the County of Hawai‘i} Re: Comm. 718 Intr. by: Ms. Isbell (B/R) Approve: FC-288 Public Hearings: March 16 and 22, 2006 ;and Comm. 718.1: From Mayor Harry Kim, dated May 5, 2006, transmitting Bill 236, Draft 2. Draft 2 proposes 89 projects requiring a total appropriation of $134,822,000. Details are contained in Communication 718.1; and Hawai‘i County Council-37 Page 19 May 17, 2006 Bill 236 Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1, (Draft 2): 2006, to June 30, 2007. {Proposed $134,822,000 Capital Improvements Project Budget for the County of Hawai‘i, of which $4,700,000 are Federal or State Grants Receivable and $130,122,000 are County-financed through State Revolving Fund loans, bonds, or other sources.} Intr. by: Ms. Isbell ST AMENDED TO DRAFT 3 & 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 237: Amends Section 25-8-15 (Hāmākua 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 Family Agricultural (FA-3a) at Waikoekoe, Hamakua, Hawai‘i, Covered by Tax Map Key 4-7-007:048 (approx. 34.559 acres). {Christopher Raymond, Applicant.} Re: Comm. 723 Intr. by: Mr. Pilago Approve: PC-70 ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Pilago, Safarik, and Chair Higa – 8. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED:None. Bill 247 Amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, (Draft 3): Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural (A-20a) to Family Agricultural (FA-3a) at Kaloko Mauka Subdivision, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-24:8 (approx. 21.992 acres). {Dennis D. Smith, Applicant.} Re: Comm. 763.1 Intr. by: Mr. Ikeda Approve: PC-71 ST AMENDED TO DRAFT 4 & PASSED 1 READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Safarik, and Chair Higa – 5. NOES: Council Members Hoffmann, Isbell, Jacobson, and Pilago – 4. ABSENT & EXCUSED:None. Hawai‘i County Council-37 Page 20 May 17, 2006 Bill 251 Amends Section 25-8-3 (North Kona 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 Agricultural (A-5a) to Residential and Agricultural (RA-1a) (approx. 97.347 acres) and Multiple Family Residential (RM-3.5) (approx. nd 10.829 acres) at Moeauoa 2, North Kona, Hawai‘i, Covered by Tax Map Key 7-5-3:7, 8, 9. {SCD Kona 108, LLC, Applicant.} Re: Comm. 766.5 Intr. by: Mr. Pilago Approve: PC-67 POSTPONED TO 6/21/06 COUNCIL MEETING Bill 255: Initiates a Charter Amendment to Article VI, Chapter 8, Section 6-8.4, of the Hawai‘i County Charter 2000, Relating to the Department of Parks and Recreation, County Bands. {Deletes Section 6-8.4 in its entirety removing the County band provisions in the Charter as it was determined that the Bandmaster and band member positions in the Hawai‘i County Band and West Hawai‘i County Band be changed from exempt to civil service status effective July 1, 2006.} Re: Comm. 785 Intr. by: Ms. Isbell Approve: FC-272 Postponed: May 2, 2006 2/3 Vote: First of three required readings, Section 15-1(a), Hawai‘i County Charter (Note: There is a pending motion to approve Bill 255 by Mr. Holschuh and duly seconded by Mr. Ikeda.) FILED: AYES: Council Members Hoffmann, Ikeda, Jacobson, and Pilago – 4. NOES: Council Members Arakaki, Holschuh, Safarik, and Chair Higa – 4. ABSENT & EXCUSED:None. ABSTAIN: Council Member Isbell – 1. Hawai‘i County Council-37 Page 21 May 17, 2006 Bill 260 Adopts a Pay Plan for Persons Employed by the County Other Than Those Whose (Draft 2): Pay is Otherwise Provided for, Designates Payroll Periods, Pay Days, Prescribes Requirements with Respect to Official Fidelity Bonds, and Repeals Ordinance No. 05-88 and All Amendments Thereto, Said Ordinance to be Known as the Salary Ordinance of 2006. {Significant amendments are the effect of the conversion of the July 1, 2006, positions in the Hawai‘i County Band and the West Hawai‘i Band from exempt to civil service status. Draft 2 amendments increase the salary and wages for pay grades pertaining to the Office of the County Council.} Re: Comm. 802.1 Intr. by: Ms. Isbell Approve: FC-279 Postponed: May 2, 2006 ST AMENDED TO DRAFT 3 & 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 266: 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 Classification from Neighborhood Commercial (CN-10) to Single-Family th Residential (RS-10) at Kalaoa 5, North Kona, Hawai‘i, Covered by Tax Map Key 7-3-61:1-10, 17, 18, 20-22, Por. 11, 12, 19, 24-26, 50, 53, 54 (approx. 6.643 acres). {Sonny Ventures, LLC, Applicant.} Re: Comm. 817 Intr. by: Mr. Pilago Approve: PC-68 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. Bill 267 Planning Director Initiated Amending Chapter 25, the Hawai‘i County Code 1983 (Draft 2): (2005 Edition, as Amended), Relating to Sewer Pump Station. {Amendment includes a sewer pump station as a permitted use in any zone district subject to the Planning Director’s issuance of a plan approval.} Re: Comm. 818.1 Intr. by: Mr. Pilago Approve: PC-69 ST PASSED 1 READING: AYES: Council Members Hoffmann, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 7. NOES: None. ABSENT & EXCUSED:Council Members Arakaki and Holschuh – 2. Hawai‘i County Council-37 Page 22 May 17, 2006 Bill 268: Initiates a Charter Amendment to Article III Section 3-7, of the Hawai‘i County Charter (2000) Relating to Meetings. {Amendment states that the county council hold regular meetings in East Hawai‘i on odd-numbered months and in West Hawai‘i on even-numbered months.} Re: Comm. 825 Intr. by: Mr. Pilago Approve: FC-291 2/3 Vote: First of three required readings, Section 15-1(a), Hawai‘i County Charter FILED: AYES: Council Members Hoffmann, Isbell, Jacobson, Pilago, and Safarik – 5. NOES: Council Members Arakaki, Holschuh, Ikeda, and Chair Higa – 4. ABSENT & EXCUSED:None. ;and Comm. 825.29: From Victoria L. Dunn, Broker-in-Charge, Coast Properties, Ltd., dated May 4, 2006; and Comm. 825.30: From Judith Heath, dated May 4, 2006; and Comm. 825.31: From Kathie and Scott Rost, Allstate Insurance, dated May 1, 2006. Bill 269: Amends Article VII, Chapter 4, of the Hawai‘i County Charter (2000), Relating to the Fire Department. {Adopts “Hawai‘i Fire Department” as the formal name of the Department.} Re: Comm. 829 Intr. by: Mr. Jacobson Approve: PSPRC-27 2/3 Vote: First of three required readings, Section 15-1(a), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 8. NOES: None. ABSENT & EXCUSED:Council Member Holschuh – 1. Hawai‘i County Council-37 Page 23 May 17, 2006 Bill 270: Initiates a Charter Amendment to Amend Article VII, Chapter 2 of the Hawai‘i County Charter (2000) Relating to the Police Department, to Add a New Chapter Relating to an Independent Police Auditor, and to Amend Article XIII Relating to Salaries. {The proposed amendments relate to: 1) changes the powers, duties, and functions of the police commission; 2) adds a new article relating to the Independent Police Auditor (IPA); and 3) adds “Independent Police Auditor” as an official position for which a salary will be established by the salary commission.} Re: Comm. 831 Intr. by: Mr. Jacobson Negative: PSPRC-28 2/3 Vote: First of three required readings, Section 15-1(a), Hawai‘i County Charter FILED: AYES: Council Member Jacobson – 1. NOES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Pilago, Safarik, and Chair Higa – 8. ABSENT & EXCUSED:None. ;and Comm. 831.2: From Corporation Counsel Lincoln S. T. Ashida, dated May 4, 2006, stating that this bill is well intended and seeks to enhance accountability in the County Police Department, however, suggests an examination of the present operations of the Department may be appropriate, as well as an examination of the current effectiveness of the Police Commission in performing civilian oversight function, prior to seeking an amendment to the Charter. Bill 271: 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 ($110,000); appropriates to the following: Streetlights Other Current Expense, District 2 - $30,000 and District 8 – $50,000 ($80,000) and Roads-in-Limbo Other Current Expense, District 8 - $30,000 ($30,000), for a total of $110,000. Funds would be used to install streetlights in Districts 2 and 8, and for the Roads-in-Limbo project for District 8.} Re: Comm. 833 Intr. by: Ms. Isbell Approve: FC-292 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-37 Page 24 May 17, 2006 Bill 272: 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 – Waipio Park Ranger Pilot Program ($60,000); appropriates same to Waipio Park Ranger Pilot Program.} Re: Comm. 834 Intr. by: Ms. Isbell Approve: FC-294 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 273: Initiates a Charter Amendment to the Hawai‘i County Charter (2000), Relating to Verifying and Certifying Petitions for Initiative and Referendum, Removal of Elected Officers and Charter Amendment or Revision. {The proposed amendments relate to: 1) eliminates the requirement of providing social security numbers; 2) changes the number of days the County Clerk has to verify and certify petitions and supplemental petitions; 3) deletes the mailing address provision; and 4) makes other housekeeping changes.} Re: Comm. 835 Intr. by: Ms. Isbell Approve: FC-295 2/3 Vote: First of three required readings, Section 15-1(a), 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 278: 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: District 4 Parks Improvement ($31,116); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources (Contingency Relief) ($31,116).} Re: Comm. 860 Intr. by: Mr. Higa 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. Hawai‘i County Council-37 Page 25 May 17, 2006 Bill 279: 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: PARKS AND RECREATION: Play Equipment Upgrade – Laupāhoehoe Park Playground \[$500,000\] ($522,950); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources (Contingency Relief) ($22,950). Funds would be added to an existing CIP account and would be used to procure playground equipment as well as the design and installation of required materials at Laupāhoehoe Park.} Re: Comm. 869 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. Bill 280: 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: Waiakea-Uka Park Comfort Station ($70,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources (Contingency Relief) ($70,000).} Re: Comm. 881 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 284: 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: District 5 – Park Improvements ($50,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources (Contingency Relief) ($50,000).} Re: Comm. 895 Intr. by: Mr. Safarik 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. Hawai‘i County Council-37 Page 26 May 17, 2006 Bill 285: 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: District 5 – Miscellaneous Department of Public Works Improvements ($51,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources (Contingency Relief) ($51,000).} Re: Comm. 896 Intr. by: Mr. Safarik 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 287: 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 – Sexual Assault Multi-Disciplinary Training ($4,350); appropriates same to Sexual Assault Multi-Disciplinary Training. Funds in addition to the $34,500 previously appropriated for this grant, would be used by the Office of the Prosecuting Attorney to coordinate a statewide three-day training program aimed at improving the delivery of sexual assault services within the criminal justice system.} Re: Comm. 902 Intr. by: Ms. Isbell Waived: FC ST PASSED 1 READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and Chair Higa – 9. NOES: None. ABSENT & EXCUSED:None. 2:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL READING) Hawai‘i County Council-37 Page 27 May 17, 2006 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 217: 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: Na‘alehu Park Acquisition ($1,200,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($1,200,000). Funds would be used to ensure the park site is held in public ownership for continued public use due to the pending dissolution of the C. Brewer Company, from whom the County has leased this site for numerous years.} Re: Comm. 675 Intr. by: Mr. Jacobson st 1 Reading: May 2, 2006 2/3 Vote: Section 10-6(d), Hawai‘i County Charter 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. Bill 226: Amends the State Land Use Boundaries Maps for the County of Hawai‘i by Changing the District Classification from the Agricultural to the Urban District at st Kahului 1, North Kona, Hawai‘i, Covered by Tax Map Key 7-5-17:Por. 5 and 2 (approx. 14 acres). {Lava Kuakini, LLC, Applicant.} Re: Comm. 690 Intr. by: Mr. Pilago st 1 Reading: May 2, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Safarik, and Chair Higa – 5. NOES: Council Members Hoffmann, Isbell, Jacobson, and Pilago – 4. ABSENT & EXCUSED:None. Hawai‘i County Council-37 Page 28 May 17, 2006 Bill 227 Amends Section 25-8-3 (North Kona 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 Agricultural (A-5a) to Multiple-Family Residential (RM-2.5) at st Kahului 1, North Kona, Hawai‘i, Covered by Tax Map Key 7-5-17:Por. 5 and 2 (approx. 14 acres). {Lava Kuakini, LLC, Applicant. Draft 2 amendments adds language relating to affordable housing credits (Condition D) and fair share credits (Condition Y).} Re: Comm. 690.7 Intr. by: Mr. Ikeda st 1 Reading: May 2, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Holschuh, Ikeda, Safarik, and Chair Higa – 5. NOES: Council Members Hoffmann, Isbell, Jacobson, and Pilago – 4. ABSENT & EXCUSED:None. Bill 246 Amends Chapter 23, Hawai‘i County Code 1983 (2005 Edition, as Amended), (Draft 2): Relating to Information Required for Submittal of a Subdivision Application, Revisions to Certain Time and Street Requirements, and Minor “Housekeeping” Changes to the Subdivision Code. {Draft 2 amendments relate to: tentative approval of the preliminary plat (Section 23-62), explanatory information of the preliminary plat (Section 23-66), and the information required on the final plat (Section 23-69).} Re: Comm. 762.21 Intr. by: Ms. Isbell st 1 Reading: May 2, 2006 POSTPONED TO 6/5/06 COUNCIL MEETING (BILL 246, DRAFT 3, CIRCULATED) Bill 249: Amends the State Land Use Boundaries Maps for the County of Hawai‘i by Changing the District Classification from the Agricultural to the Urban District at Pahoa, North Kohala, Hawai‘i, Covered by Tax Map Key 5-5-008:Portion of 046 (approx. 15 acres). {Hawai‘i Island Community Development Corporation, Applicant.} Re: Comm. 765 Intr. by: Mr. Pilago st 1 Reading: May 2, 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-37 Page 29 May 17, 2006 Bill 250: Amends Section 25-8-7 (North and South Kohala 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 Single Family Residential (RS-7.5) at Pahoa, North Kohala, Hawai‘i, Covered by Tax Map Key 5-5-008:Portion of 046 (approx. 15 acres). {Hawai‘i Island Community Development Corporation, Applicant.} Re: Comm. 765 Intr. by: Mr. Pilago st 1 Reading: May 2, 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. Bill 253: 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 the following project: PUBLIC WORKS: Waikoloa Emergency Road – County ($120,000), and Waikoloa Emergency Road – Private ($60,000), for a total of $180,000; funds shall be provided from the following: General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($120,000) and Private Contributions ($60,000), for a total of $180,000.} Re: Comm. 768 Intr. by: Ms. Isbell st 1 Reading: May 2, 2006 2/3 Vote: Section 10-6(d), Hawai‘i County Charter 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 254 Amends Chapter 2, Article 15, Section 2- 91.3(b) of the Hawai‘i County Code 1983 (Draft 2): (1995 Edition) as Amended, Relating to the Registration of Lobbyists, by Deleting the Exemption of Attorneys From Registration. {The Board of Ethics proposes that the exemption for attorneys registering as lobbyists be removed, thereby ensuring consistency with the State Code of Ethics.} Re: Comm. 779.1 Intr. by: Ms. Isbell st 1 Reading: May 2, 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. Hawai‘i County Council-37 Page 30 May 17, 2006 Bill 256: 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 – Marijuana Eradication ($41,246); appropriates same to Marijuana Eradication. Funds would be used for the following: compensate for overtime incurred during marijuana-related operations, investigations, and community meetings; purchase equipment to enhance safety issues during operations/investigations; pay for helicopters service costs; cover travel expenses for attending training workshops and seminars; and assist in marijuana investigations in conjunction with the “Weed and Seed” Program.} Re: Comm. 789 Intr. by: Ms. Isbell st 1 Reading: May 2, 2006 ND PASSED 2 & FINAL READING: AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Pilago, and Chair Higa – 7. NOES: Council Member Jacobson – 1. ABSENT & EXCUSED:Council Member Safarik – 1. Bill 259: 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 ($85,000); appropriates same to Streetlights Other Current Expense (‘Alae Subdivision). Funds would be used to install streetlights in the ‘Alae Subdivision.} Re: Comm. 799 Intr. by: Ms. Isbell st 1 Reading: May 2, 2006 ND AMENDED TO DRAFT 2 & 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-37 Page 31 May 17, 2006 Bill 261 Initiates a Charter Amendment to Section 12-2.1, Chapter 2, Article XII, of the (Draft 2): Hawai‘i County Charter (2000), Relating to Impeachment of Elected Officers. {Proposed amendment would raise the low threshold of registered voters required to bring the significant charges for impeachment against an elected officer or officer appointed to a vacancy in any elected office; and provide that only those voters registered in the council district of a respective council member may bring charges to the circuit court when impeaching a district council member. Draft 2 amends “SECTION 7” which states that this ordinance shall not apply retroactively to council members serving in council term 2004-2006.} Re: 807.1 Intr. by: Mr. Higa st 1 Reading: May 2, 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. Bill 274: 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 ($15,000); appropriates same to North and South Kohala Road Other Current Expense (District 9). Funds would be used to pave Pakanu Street in District 9.} Re: Comm. 838 Intr. by: Ms. Isbell st 1 Reading: May 2, 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-37 Page 32 May 17, 2006 Bill 275: 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: Repairs to Pana‘ewa Equestrian Center ($16,500); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources (Contingency Relief) ($16,500).} Re: Comm. 847 Intr. by: Mr. Arakaki st 1 Reading: May 2, 2006 2/3 Vote: Section 10-6(d), Hawai‘i County Charter 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 276: 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: PARKS AND RECREATION: Ahalanui/Pohoiki Bay Beach Park \[$2,000,000\] ($5,600,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($5,600,000). Appropriates an additional $3,600,000 to the Ahalanui/Pohoiki Bay Beach Parks project, thus increasing the funding from $2,000,000 to $5,600,000. Part of this overall project is the expansion and improvements to the Isaac Hale Memorial Park, which was estimated to cost $900,000. In light of the current construction boom and corresponding inflated costs, $2,000,000 was appropriated, th however, when bids were opened on April 13, the low bid was at $5,527,500.} Re: Comm. 848 Intr. by: Ms. Isbell st 1 Reading: May 2, 2006 2/3 Vote: Section 10-6(d), Hawai‘i County Charter 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. REPORTS FINANCIAL Monthly Financial Status Report from the Finance Department for the Month REPORT: Ended March 31, 2006. ACCEPTED PSPRC-25 Recommends approval of the nomination of Mr. James “Kimo” Hodgins (Council (Comm. 823): District 1) to the Liquor Adjudication Board. APPROVED PSPRC-26 Recommends approval of the nomination of Mr. Fred T. Yamashiro (Council (Comm. 826): District 9) to the Liquor Commission. APPROVED Hawai‘i County Council-37 Page 33 May 17, 2006 PC-72 Recommends approval of the nomination of Mr. Peter Hendricks (Council (Comm. 822): District 1) to the Board of Appeals. 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. 852: LESLIE M. LEE LOY V. COUNTY OF HAWAI‘I; CIVIL NO. 02-1-382 From Deputy Corporation Counsel Joseph K. Kamelamela, dated April 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 THURSDAY, MAY 18, 2006 COUNCIL PUBLIC 6:00 p.m. SHERATON KEAUHOU HEARING RE REAL BAY RESORT & SPA PROPERTY TAX RATES (W. HAWAI‘I) MONDAY, JUNE 5, 2006 COUNCIL 9:00 a.m. COUNCIL ROOM TUESDAY, JUNE 6, 2006 COMMITTEES TBA COUNCIL ROOM TUESDAY, JUNE 20, 2006 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, JUNE 21, 2006 COUNCIL 9:00 a.m. SHERATON KEAUHOU BAY RESORT & SPA ADJOURNMENT 9:34 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. Hawai‘i County Council-37 Page 34 May 17, 2006 The meeting place is accessible for persons with disabilities. Persons who need special accommodations to attend this meeting should call 961-8255 by May 16, 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, May 24, 2006, at 6 p.m.; Sunday, May 28, 2006, at 10:30 a.m.; and Wednesday, May 31, 2006, at 6 p.m. (Hawai‘i Tribune Herald – May 16, 2006) (West Hawai‘i Today – May 14, 2006)