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Home My WebLink AboutAGE COUNCIL 06/24/2011 2010-2012 SPECIAL MEETING ACTIONS DOMINIC YAGONG FRED BLAS BRENDA FORD Chairperson and Presiding Officer PETE HOFFMANN K. ANGEL PILAGO DONALD IKEDA DENNIS “FRESH” ONISHI Vice Chair BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 20Session ORDER OF BUSINESS SPECIAL MEETING OF THE HAWAI‘I COUNTY COUNCIL 25 Aupuni Street Hilo, Hawai‘i Friday, June 24, 2011 9:00 a.m. INVOCATION Council Member Pete Hoffmann CALL TO ORDER 9:04 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-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 HAWAI‘I 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 HAWAI‘I FOR FISCAL YEAR 2011-2012 AS ADOPTED BY THE HAWAI`I 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 Hawai‘i 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 FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Ford, Hoffmann, Pilago, Smart, and Chair Yagong – 5. NOES: Council Members Blas, Ikeda, Onishi, and Yoshimoto – 4. ABSENT: None. EXCUSED: None. Page 2 Hawai‘i County Council-20 June 24, 2011 BILLS FOR ORDINANCES (FIRST READING) Bill 61: AMENDS CHAPTER 2, ARTICLE 42, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND (PONC) Amends subsection (b)(7), stating that notwithstanding subsection (b)(5), for the period from July 1, 2011 through June 30, 2012, two percent of Hawai‘i 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) WITHDRAWN BY INTRODUCER. Bill 63: AMENDS CHAPTER 2, ARTICLE 42, SECTION 2-214, HAWAI‘I 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 Hawai‘i 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 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Smart, Yoshimoto, and Chair Yagong – 7. NOES: Council Member Pilago – 1. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 3 Hawai‘i County Council-20 June 24, 2011 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 11:33 A.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 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. Public Attendance via Videoconference is available at the following locations:  Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A; and  Waimea Council Office at the Holomua Center, 64-1067 Māmalahoa 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. 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: stthth Fridays, July 1 (to follow the Council meeting scheduled on June 15 at 12 p.m.) and July 8 at 12 p.m.; rdthth Sundays, July 3 (to follow the Council meeting scheduled on June 15 at 9 a.m.) and July 10 at 9 a.m.; and th Wednesday, July 6 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 Hawai‘i. Please check the current legislative broadcast schedule on the Na Leo ‘O Hawai‘i website at http://www.naleo.tv/schedule.) Page 4 Hawai‘i County Council-20 June 24, 2011 UPCOMING MEETINGS THURSDAY, JUNE 30, 2011 SPECIAL MEETING OF THE 10:30 A.M. COUNCIL ROOM - HILO COUNCIL RE BILL 29, 25 Aupuni Street DRAFT 4 AND BILL 63 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 5