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Home My WebLink AboutAGE COUNCIL 06/24/2011 2010-2012 SPECIAL MEETINGDOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO lice Chair 20`h Session INVOCATION CALL TO ORDER �ZY OS k1 w FRED BLAS BRENDA FORD PETE HOFFMANN DONALDIKEDA •r :''` DENNIS "FRESH" ONISHI 'T� or Nor+ BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS SPECIAL MEETING OF THE HAWAII COUNTY COUNCIL 25 Aupuni Street Hilo, Hawaii PLEDGE OF ALLEGIANCE Friday, June 24, 2011 9:00 a.m. Council Member Pete Hoffmann (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council -20 June 24, 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 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 88 -11: RESOLUTION AUTHORIZING THE RETENTION OF SPECIAL COUNSEL BY THE HAWAII COUNTY COUNCIL TO PROVIDE LEGAL OPINION REGARDING (1) FORM AND /OR LEGALITY OF BILL 29, DRAFT 4, THE PROPOSED OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR FISCAL YEAR 2011 -2012 AS ADOPTED BY THE HAWAII COUNTY COUNCIL ON JUNE 1, 2011-,(2) THE VETO MESSAGE FOR BILL 29, DRAFT 4, AS TRANSMITTED BY THE HONORABLE MAYOR WILLIAM P. KENOI, DATED JUNE 15,2011; AND (3) THE LETTER BY CORPORATION COUNSEL LINCOLN S.T. ASHIDA TO FINANCE DIRECTOR NANCY CRAWFORD, DATED JUNE 14, 2011, REGARDING BILL 29. DRAFT 4 Establishes the necessity for authorizing the hiring of special counsel to provide legal opinion to the Hawaii County Council regarding Bill 29, Draft 4, Mayor William P. Kenoi's veto of Bill 29, Draft 4, and Corporation Counsel Lincoln S. T. Ashida's June 14, 2011 legal communication alleging legal infirmities. Special Counsel shall be compensated at an hourly rate or rates consistent with prevailing rates in the community for specified services to be rendered for a total compensation not to exceed $8,000. Re: Comm. 240 Intr. by: Mr. Yagong Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 61: AMENDS CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND (PONCE Amends subsection (b)(7), stating that notwithstanding subsection (b)(5), for the period from July 1, 2011 through June 30, 2012, two percent of Hawaii County real property tax revenues collected, less $1,000,000, shall be allocated or deposited into the fund (PONC) by June 30, 2012. Re: Comm. 229 Intr. by: Mr. Ikeda Negative: FC -70 (due to a vote of 3 -ayes and 6 -noes) Page 2 Hawaii County Council -20 June 24, 2011 Bill 63: AMENDS CHAPTER 2, ARTICLE 42, SECTION 2 -214, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND Amends subsection (b)(5), stating that a minimum of one percent of Hawaii County certified real property tax revenues, including penalties and interest, collected annually, deposits shall be made, at a minimum, on a quarterly basis. Deposits shall be calculated based on the real property tax payments, including penalties and interest, collected in the quarter immediately preceding the deposit. The amendment also deletes subsection (b)(7). Re: Comm. 239 Intr. by: Mr. Yagong Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) REPORTS REFERRALS FOR EXECUTIVE SESSION 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 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 22, 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. Page 3 Hawaii County Council -20 June 24, 201 1 Public Attendance via Videoconference is available at the following locations: • Kona Council Office, West Hawaii Civic Center, 74 -5044 Ane Keohokalole Highway, Building A; and • Waimea Council Office at the Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5. If for technical or other unanticipated circumstances the video connection cannot be made and /or is disrupted, the scheduled meeting will continue. Submitting Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to coimciltestirnaonyAco .hawaii.hi.us. Please submit separate testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: Fridays, July Is' (to follow the Council meeting scheduled on June 15`h at 12 p.m.) and July 8d' at 12 p.m.; Sundays, July 3`d (to follow the Council meeting scheduled on June 15`' at 9 a.m.) and July 10`' at 9 a.m.; and Wednesday, July 6`h at 6 p.m. (These airtimes are subject to preemption by broadcasts from the State Legislature, and are subject to change by Na Leo `O Hawaii. Please check the current legislative broadcast schedule on the Na Leo `O Hawaii website at http: / /www.naleo.ty /schedule.) UPCOMING MEETINGS COMMITTEES COUNCIL COUNCIL PUBLIC HEARING RE BILL 17, DRAFT 2 (PLASTIC BAG REDUCTION) COMMITTEES COUNCIL WEDNESDAY, JULY 6, 2011 TBA THURSDAY, JULY 7, 201 1 9:00 A.M. WEDNESDAY, JULY 13, 201 1 5 P.M. TUESDAY, JULY 19, 2011 TBA WEDNESDAY, JULY 20, 2011 9:00 A.M. COUNCIL ROOM — HILO 25 Aupuni Street COUNCIL ROOM - HILO 25 Aupuni Street PAHOA COMMUNITY CENTER 15 -3022 Kauhale Street Highway, Pahoa WEST HAWAII CIVIC CENTER 74 -5044 Ane Keohokalole Highway Building A WEST HAWAI`l CIVIC CENTER 74 -5044 Ane Keohokalole Highway Building A Page 4