HomeMy WebLinkAboutAGE COUNCIL 2008/05/20 2006-2008 ACTIONS
PETE HOFFMANN BRENDA FORD
Chair & Presiding Officer STACY K. HIGA
DONALD IKEDA
K. ANGEL PILAGO BOB JACOBSON
Vice Chair EMILY I. NAEOLE
DOMINIC YAGONG
J YOSHIMOTO
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
th
36 Session
ORDER OF BUSINESS
Hawai‘i County Council
333 Kīlauea Avenue
(Ben Franklin Building)
Second Floor, Council Room
Hilo, Hawai‘i
Tuesday, May 20, 2008
8:30 a.m.
INVOCATION Reverend Brian Welsh of Haili Church
CALL TO ORDER
8:30 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES March 25, 2008 – postponed on May 7, 2008
APPROVED
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Serving the Interests of the People of Our Island
Hawai‘i County is an Equal Opportunity Provider and Employer.
Hawai‘i County Council-36 Page 2 May 20, 2008
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
8:30 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS
Comm. 1241: REQUEST TO ADDRESS THE COUNCIL REGARDING SOLID
WASTE ISSUES
From Mayor Harry Kim, dated May 13, 2008, requesting to address the Council on
solid waste issues.
FILED
ORDER OF RESOLUTIONS
Res. 639-08: Urges the United States Military to Address the Hazards of Depleted Uranium at the
Pōhakuloa Training Area. {Urges the Military to address hazards caused by
residual quantities of depleted uranium in and around the Pōhakuloa Training Area
resulting from weapon training exercises.}
POSTPONED AT THE CALL OF THE CHAIR
and;
Comm. 1210.1: From Council Chair Pete Hoffmann, dated May 13, 2008, requesting the scheduling
of a presentation by the U.S. Military regarding the hazards of depleted uranium at
the Pōhakuloa Training Area.
Res. 643-08: 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 to Department of Human Resources Training
Expenses, Miscellaneous Contract Services for Seminars (2008 Annual Clerical
Conference). Contingency Relief funds from District 1 would be used to defray
expenses for the 2008 Office Support Staff Conference, “Balancing Work and
Play – Your Choice”, to be held on May 29, 2008, at the Naniloa Hotel.}
ADOPTED:
AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago,
Yagong, Yoshimoto, and Chair Hoffmann – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
10:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING)
Hawai‘i County Council-36 Page 3 May 20, 2008
BILLS FOR ORDINANCES (FIRST READING)
Bill 252: Establishes an Operating Budget for the County of Hawai‘i for the Fiscal Year
July 1, 2008, to June 30, 2009. {Proposed $398,258,830 Operating Budget for the
County of Hawai‘i.}; and FC-275.
;and
Comm. 1039.6: From Mayor Harry Kim, dated May 5, 2008, transmitting Bill 252, Draft 2. Draft 2
proposes numerous amendments to the previously submitted budget for
FY 2008-2009. A narrative summary of the amendments is attached to
Communication No. 1039.6 (available to the public). This draft revises revenues
and expenditures for accounts proposed in Draft 1 as follows: General Fund (total
adjustment +$1,903,641), Highway Fund (total adjustment +$552,067), Sewer Fund
(total adjustment +$105,527), Solid Waste Fund (total adjustment -$315,692), and
Housing Fund (total adjustment +$2,295,648). Draft 2 proposes one new position
and deletes three positions; and
Bill 252 Establishes an Operating Budget for the County of Hawai‘i for the Fiscal Year
(Draft 2): July 1, 2008, to June 30, 2009. {Proposed $403,204,998 Operating Budget for the
County of Hawai‘i.}
ST
AMENDED TO DRAFT 3 & PASSED 1 READING:
AYES: Council Members Ford, Higa, Ikeda, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Jacobson – 1.
EXCUSED: None.
;and
Comm. 1039.7: From Mayor Harry Kim, dated May 5, 2008, transmitting an updated Position
st
Vacancy Status Report as of May 1; and
Comm. 1039.8: From Public Works Director Bruce C. McClure, P.E., dated May 9, 2008,
transmitting his response to questions by Council Members during the April 1,
2008, Finance Committee meeting; and
Comm. 1039.9: From Council Member Brenda J. Ford, dated May 5, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$38,300); and
Comm. 1039.10: From Council Member Brenda J. Ford, dated May 5, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$93,456); and
Comm. 1039.11: From Council Member Brenda J. Ford, dated May 5, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$80,000); and
Comm. 1039.12: From Council Member Angel Pilago, dated May 5, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$55,000); and
Comm. 1039.13: From Council Chair Pete Hoffmann, dated May 5, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$74,412); and
Comm. 1039.14: From Council Chair Pete Hoffmann, dated May 5, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$2,000,000); and
Comm. 1039.15: From Council Member Brenda J. Ford, dated May 5, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$23,721); and
Comm. 1039.16: From Council Member Bob Jacobson, dated May 7, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$50,000); and
Comm. 1039.17: From Council Member Donald Ikeda, dated May 8, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$1,800,000); and
Comm. 1039.18: From Council Member Emily Naeole, dated May 5, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$107,514); and
Hawai‘i County Council-36 Page 4 May 20, 2008
Comm. 1039.19: From Council Member Brenda J. Ford, dated May 5, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$62,440); and
Comm. 1039.20: From Council Member Bob Jacobson, dated May 5, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$166,400); and
Comm. 1039.21: From Council Member Dominic Yagong, dated May 9, 2008, transmitting a
proposed amendment to Bill 252, Draft 2 (-$2,331,000); and
Comm. 1039.22: From Council Member Dominic Yagong, dated May 9, 2008, transmitting a
proposed amendment to Bill 252, Draft 2 (+$330,000); and
Comm. 1039.23: From Council Member Donald Ikeda, dated May 12, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$188,835); and
Comm. 1039.24: From Council Member Donald Ikeda, dated May 12, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$366,000); and
Comm. 1039.25: From Council Member Bob Jacobson, dated May 5, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (-$200,000); and
Comm. 1039.26: From Council Member Brenda Ford, dated May 13, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$76,790); and
Comm. 1039.27: From Council Member Bob Jacobson, dated May 13, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (-$592,500); and
Comm. 1039.28: From Council Chair Pete Hoffmann, dated May 13, 2008, transmitting a proposed
amendment to Bill 252, Draft 2 (+$1,000,000).
HSEDC-9 The Committee on Human Services and Economic Development is in accord
(Comm. 996.4): with the purpose and intent of the funding recommendations of $1,500,000 to
64 nonprofit agency programs, as set forth in Communication 996.4 for
inclusion in Bill 252, Draft 2, and recommends its adoption.
Bill 253: Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1,
2008, to June 30, 2009. {Proposed 68 projects totaling $134,976,000 Capital
Improvements Project Budget for the County of Hawai‘i}; FC-276.
;and
Comm. 1040.1: From Mayor Harry Kim, dated May 5, 2008, transmitting Bill 253, Draft 2. Draft 2
proposes 86 projects requiring a total appropriation of $159,562,000 with the
following breakdown: Federal Grants Receivable ($14,186,000), State CIP
($4,450,000), State Revolving Fund ($15,039,000); Fair Share ($1,200,000); Fund
Balance – Lapsed Highway Fund Projects ($1,200,000); and General Obligation
Bonds, Capital Projects Fund Balance, and/or Other Sources ($124,545,000), for a
total of $159,562,000. Details are contained in Communication 1040.1; and
Bill 253 Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1,
(Draft 2): 2008, to June 30, 2009. {Proposed $159,562,000 Capital Improvements Project
Budget for the County of Hawai‘i.}
ST
AMENDED TO DRAFT 3 & PASSED 1 READING:
AYES: Council Members Ford, Ikeda, Naeole, Yagong, Yoshimoto, and
Chair Hoffmann – 6.
NOES: None.
ABSENT: Council Members Higa, Jacobson, and Pilago – 3.
EXCUSED: None.
;and
Hawai‘i County Council-36 Page 5 May 20, 2008
Comm. 1040.2: From Planning Director Christopher J. Yuen, dated May 6, 2008, transmitting a
proposed amendment to Bill 253, Draft 2; and
Comm. 1040.3: From Housing Administrator Edwin S. Taira, dated May 7, 2008, transmitting a
proposed amendment to Bill 253, Draft 2 (+$5,413,000); and
Comm. 1040.4: From Council Member Stacy K. Higa, dated May 5, 2008, transmitting a proposed
amendment to Bill 253, Draft 2 (+$2,000,000); and
Comm. 1040.5: From Council Member Brenda J. Ford, dated May 5, 2008, transmitting a proposed
amendment to Bill 253, Draft 2 (+$300,000); and
Comm. 1040.6: From Council Member Stacy K. Higa, dated May 5, 2008, transmitting a proposed
amendment to Bill 253, Draft 2 (+$3,000,000); and
Comm. 1040.7: From Council Member Emily I. Naeole, dated May 9, 2008, transmitting a proposed
amendment to Bill 253, Draft 2 (+$190,000); and
Comm. 1040.8: From Council Member Emily I. Naeole, dated May 9, 2008, transmitting a proposed
amendment to Bill 253, Draft 2 (+$2,500,000); and
Comm. 1040.9: From Council Member Brenda J. Ford, dated May 5, 2008, transmitting a proposed
amendment to Bill 253, Draft 2 (+$500,000); and
Comm. 1040.10: From Council Member Brenda J. Ford, dated May 5, 2008, transmitting a proposed
amendment to Bill 253, Draft 2 (+$90,000); and
Comm. 1040.11: From Council Member Dominic Yagong, dated May 8, 2008, transmitting a
proposed amendment to Bill 253, Draft 2 (+$5,129,000); and
Comm. 1040.12: From Council Member Bob Jacobson, dated May 17, 2008, transmitting a proposed
amendment to Bill 253, Draft 2 (+$500,000); and
Comm. 1040.13: From Council Member Brenda J. Ford, dated May 13, 2008, transmitting a proposed
amendment to Bill 253, Draft 2 (+$12,500,000); and
Comm. 1040.14: From Council Chair Pete Hoffmann, dated May 13, 2008, transmitting a proposed
amendment to Bill 253, Draft 2 (+$1,000,000).
Bill 276: Initiates a Charter Amendment to Article III, Legislative Branch, County Council,
Section 3-17, of the Hawai‘i County Charter 2000 (2006 Edition), Relating to the
County Reapportionment Commission, Amending Section 3-17 in its Entirety,
Renaming it the Redistricting Commission, and Establishing Appropriate
Redistricting Criteria. {The proposed amendment replaces the language of the
present Section 3-17 in its entirety and renames the section, “County Redistricting
and the Redistricting Commission”.}; PWIRC-67.
FILED DUE TO THE FOLLOWING VOTE (2/3 VOTE REQUIRED):
AYES: Council Members Ford, Jacobson, Pilago, Yagong, and
Chair Hoffmann – 5.
NOES: Council Members Higa, Ikeda, Naeole, and Yoshimoto – 4.
ABSENT: None.
EXCUSED: None.
;and
Comm. 1121.8: From Council Member Brenda J. Ford, dated May 12, 2008, transmitting proposed
amendments to Bill 276. States that due to a massive rewrite of this bill, the
application of ramseyer formatting to illustrate the proposed amendments was not a
practical exercise; therefore, attaches a “Draft 2” of this bill, which incorporates the
proposed amendments outlined in this communication (1121.8).
Hawai‘i County Council-36 Page 6 May 20, 2008
Bill 285: Authorizes the Issuance of General Obligation Bonds of the County of Hawai‘i for the
Purpose of Funding All or a Portion of the Costs of Various Improvement Projects for
the County; Fixing the Form, Denominations, and Certain Other Details of Such Bonds
and Providing for the Sale Thereof; and Authorizes the Taking of Other Actions
Relating to the Issuance and Sale of the Bonds. {Principal amount not to exceed
$112,000,000, these funds would be used for a variety of capital improvement
projects. The Finance Department’s goal is to provide funds in a timely manner for
prioritized projects as they develop and reach new contractual phases. Prioritization
of projects are based on the following: addresses legal mandates, corrects major
deficiencies or items critical for public safety and health, and addresses
environmental concerns, operational efficiency and maintenance or improvement of
existing assets. Currently, the Finance Department has identified 47 projects that
will be requiring funds to encumber in contracts within the next nine months. (If
the County sells bonds in the amount of $112 million, the estimated percentage of
debt service to total general expenditures will be less than 12.0%, assuming a 4.75%
interest rate.)}; and FC-285.
FILED DUE TO THE FOLLOWING VOTE:
AYES: Council Members Ford and Chair Hoffmann – 2.
NOES: Council Members Ikeda, Naeole, Yagong, and Yoshimoto – 4.
ABSENT: Council Members Higa, Jacobson, and Pilago – 3.
EXCUSED: None.
;and
Comm. 1168.1: From Council Member Brenda J. Ford, dated May 8, 2008, transmitting proposed
amendments to Bill 285.
2:00 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, AND OTHER BUSINESS
NOTE: At 5 p.m. the Council will recess for the Finance Committee’s Public Hearing regarding real
property tax rates.
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 284: Adopts a Pay Plan for Persons Employed by the County Other Than Those Whose
Pay is Otherwise Provided for, Designating Payroll Periods, Pay Days, Prescribing
Requirements with Respect to Official Fidelity Bonds, and Repealing Ordinance
No. 07-76 and All Amendments Thereto, Said Ordinance to be Known as the Salary
Ordinance of 2008. {The significant amendments are: clarifies that the rates of
compensation for the employees occupying positions covered by the Salary
Ordinance are set by the pay grade assigned or by a fixed salary established by
Section 7; provides the Council Chair with the authority to appoint employees and
to authorize step movements; and includes the Engineering Student, SR-13, BU-03,
class of work for the Department of Human Resources.}
ND
PASSED 2 & FINAL READING:
AYES: Council Members Ikeda, Naeole, Yagong, Yoshimoto, and
Chair Hoffmann – 5.
NOES: None.
ABSENT: Council Members Ford, Higa, Jacobson, and Pilago – 4.
EXCUSED: None.
;and
Hawai‘i County Council-36 Page 7 May 20, 2008
Comm. 1167.1: From Council Chair Pete Hoffmann, dated May 9, 2008, transmitting proposed
amendments to Bill 284.
REPORTS
FC-286 Recommends approval of the nomination of Mr. Larry Komata (Council District 2)
(Comm. 1177): to the Public Access, Open Space and Natural Resources Preservation Commission.
APPROVED
FC-288 Recommends acceptance of a monetary donation in the amount of $100 by Kandi’s
(Comm. 1185): Drive Inn, Inc., to the Parks and Recreation Department’s Annual Biggest Easter
Egg Hunt.
APPROVED
FC-292 Recommends approval of the nomination of Mr. Kale Bob to the Tax Board of
(Comm. 1196): Review.
APPROVED
PWIRC-70 Recommends approval of the nomination of Ms. Billie Keawekane (Council
(Comm. 1198): District 4) to the Transportation Commission.
APPROVED
PSPRC-15 Recommends approval of the nomination of Mr. Gene Carvalho (Council District 6)
(Comm. 1178): to the Liquor Commission.
APPROVED
REFERRALS FOR EXECUTIVE SESSION
A 2/3 vote pursuant to HRS Section 92-4 and Rule 11 of the Rules of Procedure of the County Council is
necessary to hold an executive meeting.
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
Comm. 1088.6: RECONSIDERATION OF BILLS 269 AND 280 (MARIJUANA ERADICATION
APPROPRIATIONS)
From Deputy Clerk Kenneth G. Goodenow, dated May 9, 2008, requesting the
reconsideration of Bills 269 and 280. These bills were not published after first
reading held on April 22, 2008; therefore, they must be reconsidered and a re-vote
taken.
MOTION FOR RECONSIDERATION PASSES
AYES: Council Members Ford, Higa, Ikeda, Naeole, Pilago, Yagong,
Yoshimoto, and Chair Hoffmann – 8.
NOES: None.
ABSENT: Council Member Jacobson – 1.
EXCUSED: None.
Hawai‘i County Council-36 Page 8 May 20, 2008
Bill 269: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in
Federal Grants – Marijuana Eradication ($282,000); appropriates same to Marijuana
Eradication.}
FILED DUE TO THE FOLLOWING VOTE:
AYES: Council Members Higa, Ikeda, Yoshimoto, and
Chair Hoffmann – 4.
NOES: Council Members Ford, Naeole, Pilago, and Yagong – 4.
ABSENT: Council Member Jacobson – 1.
EXCUSED: None.
NOTE: Pursuant to Hawai‘i Revised Statutes, Section 92, notice is hereby
given that if the motion to reconsider Bill 269 is approved, a re-vote will be
taken on Bill 269 at this meeting.
Bill 280: Amends Ordinance No. 07-82, as Amended, the Operating Budget for the County of
Hawai‘i for the Fiscal Year Ending June 30, 2008. {Appropriates revenues in State
Grants – Statewide Marijuana Eradication ($159,000); appropriates same to
Statewide Marijuana. Funds would be used to suppress the cultivation of marijuana
and to minimize product availability in the State of Hawai‘i.}
FILED DUE TO THE FOLLOWING VOTE:
AYES: Council Members Higa, Ikeda, Yoshimoto, and
Chair Hoffmann – 4.
NOES: Council Members Ford, Naeole, Pilago, and Yagong – 4.
ABSENT: Council Member Jacobson – 1.
EXCUSED: None.
NOTE: Pursuant to Hawai‘i Revised Statutes, Section 92, notice is hereby
given that if the motion to reconsider Bill 280 is approved, a re-vote will be
taken on Bill 280 at this meeting.
ANNOUNCEMENTS
ADJOURNMENT 5:23 p.m.
Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to
introduce legislation “By Request” on behalf of the requesting party. It does not necessarily signify support of or
opposition to the proposal.
The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this
meeting should call 961-8255 by May 19, 2008. TTY users may use Relay Service (711)(961-8255) to contact our
office.
The agenda is available on the County Council-Clerk web page at
http://co.hawaii.hi.us/council/agendas_and_actions.htm. Copies of the agenda and items listed on the agenda are
available at the County Clerk’s Office, 333 Kīlauea Avenue, Hilo; the Office of the Mayor, 75-5706 Kuakini
Highway, Suite 103, Kailua-Kona; the Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place,
Suite 109, Kailua-Kona; and the Waimea Council Office at the Holomua Center, 64-1067 Māmalahoa Highway,
Suite 5, Waimea. For further information, please call 961-8255.
Hawai‘i County Council-36 Page 9 May 20, 2008
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 or other unanticipated 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.
In the event of an unanticipated emergency situation, including but not limited to: severe adverse weather
conditions, road closures, or natural disasters, the Hawai‘i County Council and its Committees may conduct its
meetings via videoconference pursuant to Hawai‘i Revised Statutes § 92-3.5. If that occurs, individual Council
Members may be at either the meeting site or one of the videoconference sites. If the audio stream is lost for more
than a short period of time, the meeting will be terminated.
Submitting Testimony: Those wishing to testify in person must register with the County Clerk’s staff. Those
submitting written testimony at the meeting should bring seventeen (17) copies for distribution. Testimony may
also be submitted (1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni St., Hilo, Hawai‘i, 96720; (2) by
facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@co.hawaii.hi.us. Please submit separate
testimony for each item. For testimony received via e-mail or fax, copies will be distributed at the meeting when
transmitted in a timely manner. All oral and written testimony will be made a part of the public record.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesday, May 28, 2008, at 6 p.m.; Sunday, June 1, 2008, at 10:30 a.m.; and Wednesday, June 4, 2008, at
6 p.m.
UPCOMING MEETINGS
TUESDAY, MAY 20, 2008
FINANCE COMMITTEE 5:00 p.m. COUNCIL ROOM – HILO
PUBLIC HEARING 333 Kīlauea Avenue
RE REAL PROPERTY Ben Franklin Building
TAX RATES Second Floor
MONDAY, JUNE 2, 2008
COUNCIL TBA COUNCIL ROOM – HILO
333 Kīlauea Avenue
Ben Franklin Building
Second Floor
TUESDAY, JUNE 3, 2008
COUNCIL TBA COUNCIL ROOM – HILO
333 Kīlauea Avenue
Ben Franklin Building
Second Floor
TUESDAY, JUNE 17, 2008
COMMITTEES TBA COUNCIL ROOM – HILO
333 Kīlauea Avenue
Ben Franklin Building
Second Floor
Hawai‘i County Council-36 Page 10 May 20, 2008
WEDNESDAY, JUNE 18, 2008
COUNCIL TBA COUNCIL ROOM – HILO
333 Kīlauea Avenue
Ben Franklin Building
Second Floor