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Home My WebLink AboutAGE COUNCIL 06/15/2011 2010-2012 DOMINIC YAGONG -qF " 'w; FRED BLAS Chairperson and Presiding Officer = '^ �� %t. " BRENDA FORD . x...5.1 /, ;. DONALD IKEDA PETE HOFFMANN ' = =�'z DENNIS "FRESH" ONISHI Vice Chair !r�r ^': K. ANGEL PILAGO BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai`i Hawai County Building 25 Aupuni Street Hilo, Hawaii 96720 1 9 `h Session c_ r_w , ORDER OF BUSINESS Hawai`i County Council Council Room West Hawai`i Civic Center 74 -5044 Ane Keohokalole Highway, Building A Kona, Hawai`i Wednesday, June 15, 2011 9:00 a.m. INVOCATION Reverend Tullos Jones of the Kona Baptist Church CALL TO ORDER PLEDGE OF ALLEGIANCE (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-19 June 15, 2011 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES March 16, 2011 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 77-11 (Draft 2): APPROVES THE ESTABLISHMENT OF A SISTER-CITY RELATIONSHIP BETWEEN ORMOC CITY, PHILIPPINES AND THE COUNTY OF HAWAI‘I, AND AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO ENTER INTO A FORMAL SIGNED AGREEMENT The establishment of the Sister-City program shall be augmented with written covenants between both Mayors and supported with a signed service agreement citing agreed responsibilities for the County of Hawai‘i and the sister-city sponsors (Congress of Visayan Organizations, Kona Visayan Club, and Hilo Visayan Club). The agreements will be signed by the appropriate officials of Ormoc City and the County of Hawai‘i within six months of the approval of this resolution. Re: Comm. 208.3 Intr. by: Ms. Smart Approve: GRC-3 Res. 78-11: DIRECTS THAT THE CHIEF OF POLICE OF THE HAWAI‘I COUNTY POLICE DEPARTMENT SHALL EQUIP EVERY PATROL AND CRIMINAL INVESTIGATION DIVISION (CID) OFFICER WITH A PORTABLE RADIO AND INDIVIDUAL CHARGER AND ESTABLISH A “TAKE HOME” POLICY AND APPROPRIATE RULES AND REGULATIONS FOR THE ISSUANCE, MAINTENANCE, SUPPLY, AND REPAIR OF SUCH EQUIPMENT The Chief of Police, within six months from the effective date of this resolution, shall establish “take home” policies, and rules and regulations (for the issuance, maintenance, supply, and repair of the portable radio, and the issuance of individual chargers to each officer). The Police Department will maintain a sufficient number of spare and loaner portable radios, individual chargers, and batteries for replacement purposes. Re: Comm. 209 Intr. by: Ms. Ford Approve: HSSPSC-4 Page 2 Hawai‘i County Council-19 June 15, 2011 Res. 79-11 (Draft 2): AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3)9-2-150-060, SITUATED AT KAHUKU, DISTRICT OF KA‘Ū, COUNTY AND STATE OF HAWAI‘I, FOR THE OCEAN VIEW RECYCLING AND TRANSFER STATION, ALSO KNOWN AS OCEAN VIEW RECYCLING POINT AND CONVENIENCE CENTER PROJECT The Corporation Counsel is authorized to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the private property (containing an area of 21.6397 acres) for compensation not to exceed the current appraised value of $248,000; and is also authorized to negotiate terms of settlement in accordance with the approval of the court before which said proceedings are prosecuted. Re: Comm. 211.3 Intr. by: Ms. Ford Approve: FC-64 Note: First of two required readings, Section 101-13, Hawai‘i Revised Statutes Res. 80-11 (Draft 2): AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR CONTRACT FOR SERVICES OF COLLECTION AND HAULING OF RECYCLABLES AT ISLAND- WIDE SOLID WASTE RECYCLE AND TRANSFER STATIONS The Department of Environmental Management is preparing an Invitation for Bid (IFB) for collection and hauling of recyclables from County recycle and transfer stations island-wide, which will provide for the continuation of the current 2-Bin Recycling Program. The contract is recommended for an initial three-year term, with two 12-month options for extension (the current contract expires on June 30, 2011). Re: Comm. 212.3 Intr. by: Ms. Ford Approve: FC-65 ; and Comm. 212.1: From Finance Director Nancy Crawford, dated May 19, 2011, stating that the subject matter specified in Communication 212 was incorrect and should read, “Resolution for Multi-year Recycle Hauling Contract.” Res. 83-11: DESIGNATES THE COUNCIL VICE CHAIR Designates K. Angel Pilago as Vice Chair of the Council of the County of Hawai‘i, effective immediately. Re: Comm. 227 Intr. by: Mr. Hoffmann Page 3 Hawai‘i County Council-19 June 15, 2011 BILLS FOR ORDINANCES (FIRST READING) Bill 53: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF $2,300,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I The State Department of Health indicates that funding through the State Water Pollution Control Revolving Fund Loan Program will be available for the Pua Sewage Pump Station-Pump Replacement Project, which is scheduled to start in the first quarter of FY11-12 (and is included in the proposed FY11-12 Capital Improvement Program Budget). Re: Comm. 213 Intr. by: Ms. Ford (B/R) Approve: FC-66 Bill 54: AMENDS CHAPTER 12, ARTICLE 3, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO IMPROVEMENTS BY ASSESSMENTS Relating to the administration of Improvement Districts, the purpose of this bill is to improve efficiency and reduce costs by allowing additional options in tax assessment frequency contained in Section 12-34, and by amending the default criteria contained in Section 12-40 to allow for consolidation of delinquencies for foreclosure proceedings when it is in the best interest of the County. Re: Comm. 215 Intr. by: Ms. Ford (B/R) Approve: FC-68 Bill 55: AMENDS CHAPTER 12, ARTICLE 1, 2, AND 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO IMPROVEMENTS BY ASSESSMENTS The purpose of this bill is to amend the chapter to align and coordinate the respective responsibilities and involvement of various County departments with respect to improvement districts and to clarify and revise certain provisions relating to such provisions. Re: Comm. 216 Intr. by: Ms. Ford (B/R) Approve: FC-69 Page 4 Hawai‘i County Council-19 June 15, 2011 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 57: AMENDS ORDINANCE NO. 10-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in Federal Grants – Workforce Investment Act (WIA) ($1,451,854) and appropriates to the following: WIA - Administration Planning 2011-12 ($145,183); WIA - Adult Program 2011-12 ($460,141); WIA - Dislocated Worker Program 2011-12 ($408,634); and WIA - Youth Program 2011-12 ($437,896), for a total of $1,451,854. The State Department of Labor and Industrial Relations notified the Office of Housing and Community Development that they would receive funding for its Program Year 2011 WIA Title I Program, which requires that the Hawai‘i County Workforce Investment Board approve the County’s WIA 2011-12 Annual Plan (anticipates approval before June 30, 2011). This appropriation bill is needed in order to administer the WIA programs beginning July 1, 2011. Re: Comm. 220 Intr. by: Mr. Hoffmann First Reading: June 1, 2011 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended April 30, 2011 from the Department of Finance. FC-67 Donated by Ms. Gail Ellen Ackerman, recommends the acceptance of the donation (Comm. 214): of a bird cage and three bird-reference books (estimated value of $100) for the Department of Parks and Recreation’s Pana‘ewa Rainforest Zoo & Gardens. REFERRALS FOR EXECUTIVE SESSION Comm. 193: DOI V. AOKI, ET. AL. CIVIL NO. 10-00639 LEK/RLP From Deputy Corporation Counsel Laureen L. Martin, dated April 27, 2011. Comm. 197: COUNTY OF HAWAI‘I V. UNIDEV, ET. AL. CIVIL NOS. 09-01-264K & 10-1-0427K From Deputy Corporation Counsel Laureen L. Martin, dated May 3, 2011. The Council anticipates convening an executive meeting regarding the above matters, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council’s attorney on questions and issues pertaining to the Council’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to HRS Section 92-4 and Rule 10 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.) Page 5 Hawai‘i County Council-19 June 15, 2011 ANNOUNCEMENTS ADJOURNMENT 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 June 13, 2011. Relay users please call 711(961-8255) to contact our office. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at http://co.hawaii.hi.us/council/agendas_and_actions.htm. For further information, please call 961-8255. Notice is hereby given that pursuant to Hawai‘i Revised Statutes (hereinafter “HRS”) §92-3.5, the Hawai‘i County Council will be conducting this meeting via videoconference. Council Member(s) will be present at the following locations:  County Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401; and  Kona Council Room, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A. Public Attendance via Videoconference is available at the locations above and at the Waimea Council Office at the Holomua Center, 64-1067 Māmalahoa Highway, Suite 5, until 4:30 p.m., or later in the event public witness testimony has not been completed. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. fourteen (14) Submitting Testimony: Those submitting written testimony at the meeting should bring copies for before 12:00 noon on the business day prior to the distribution. Public testimony may also be submitted meeting :(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by Please submit separate facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@co.hawaii.hi.us. testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: ndththstth Wednesdays, June 22 and 29 at 6 p.m.; Fridays, June 24 and July 1 at 12 p.m.; and Sundays, June 26 and rd July 3 at 9 a.m. (These airtimes are subject to preemption by broadcasts from the State Legislature, and are subject to change by Na Leo ‘O Hawai‘i. Please check the current legislative broadcast schedule on the Na Leo ‘O Hawai‘i website at http://www.naleo.tv/schedule.) Page 6 Hawai‘i County Council-19 June 15, 2011 UPCOMING MEETINGS WEDNESDAY, JULY 6, 2011 COMMITTEES TBA COUNCIL ROOM – HILO 25 Aupuni Street THURSDAY, JULY 7, 2011 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, JULY 13, 2011 COUNCIL PUBLIC 5 P.M. PĀHOA COMMUNITY CENTER HEARING RE BILL 17, 15-3022 Kauhale Street Highway, DRAFT 2 (PLASTIC BAG Pāhoa REDUCTION) TUESDAY, JULY 19, 2011 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, JULY 20, 2011 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 7