HomeMy WebLinkAboutAGE COUNCIL 06/15/2011 2010-2012 ACTIONS
DOMINIC YAGONG FRED BLAS
BRENDA FORD
Chairperson and Presiding Officer
DONALD IKEDA
PETE HOFFMANN DENNIS “FRESH” ONISHI
K. ANGEL PILAGO
Vice Chair
BRITTANY SMART
J YOSHIMOTO
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
th
19 Session
ORDER OF BUSINESS
Hawai‘i County Council
Council Room
West Hawai‘i Civic Center
74-5044 Ane Keohokālole 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 9:05 A.M.
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
APPROVED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 2
Hawai‘i County Council-19 June 15, 2011
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
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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
ADOPTED (FIRST OF TWO REQUIRED READINGS):
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 3
Hawai‘i County Council-19 June 15, 2011
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.”
POSTPONED TO THE CALL OF THE CHAIR:
AYES: Council Members Blas, Ford, Hoffmann,
Ikeda, Pilago, Smart, and Chair Yagong – 7.
NOES: Council Members Onishi and Yoshimoto – 2.
ABSENT: None.
EXCUSED: None.
(For informational purposes, Ms. Smart voted “Kānalua” twice.)
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
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 4
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
ST
PASSED 1 READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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
ST
PASSED 1 READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 5
Hawai‘i County Council-19 June 15, 2011
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
ST
PASSED 1 READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
Page 6
Hawai‘i County Council-19 June 15, 2011
REPORTS
Financial Report: Monthly Budget Status Report for the Month Ended April 30, 2011 from the
Department of Finance.
ACCEPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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.
APPROVED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi,
Pilago, Smart, Yoshimoto, and Chair Yagong – 9.
NOES: None.
ABSENT: None.
EXCUSED: None.
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.
CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL:
AYES: Council Members Blas, Ford, Hoffmann,
Pilago, Smart, and Chair Yagong – 6.
NOES: None.
ABSENT: Council Members Ikeda, Onishi, and Yoshimoto – 3.
EXCUSED: None.
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.
POSTPONED TO THE JULY 7, 2011 COUNCIL MEETING:
AYES: Council Members Blas, Ford, Hoffmann,
Pilago, Smart, and Chair Yagong – 6.
NOES: None.
ABSENT: Council Members Ikeda, Onishi, and Yoshimoto – 3.
EXCUSED: None.
Page 7
Hawai‘i County Council-19 June 15, 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.)
ANNOUNCEMENTS
ADJOURNMENT 3:05 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 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:
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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 8
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 9