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Home My WebLink AboutAGE COUNCIL 2008/06/02 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 37 Session ORDER OF BUSINESS Hawai‘i County Council 333 Kīlauea Avenue (Ben Franklin Building) Second Floor, Council Room Hilo, Hawai‘i Monday, June 2, 2008 8:30 a.m. INVOCATION Reverend Tag Taggart of Center for Spiritual Living Chair Pete Hoffmann gave the invocation. CALL TO ORDER 8:35 a.m. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (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-37 Page 2 June 2, 2008 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:30 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS, ORDER OF THE DAY (SECOND OR FINAL READING) AND OTHER BUSINESS COMMUNICATIONS ORDER OF RESOLUTIONS Res. 658-08: Amends Resolution Number 621-08, Determining the Real Property Tax Rates for the County of Hawai‘i for the Fiscal Year July 1, 2008, to June 30, 2009. {Provides for the establishment of tax rates by the Council of the County of Hawai‘i for net taxable land and net taxable buildings of each class of property established in accordance with Chapter 19, Article 7, Section 19-53(e) of the Hawai‘i County Code, as amended. (This resolution amends Resolution 621-08, adopted on May 7, 2008, by adding the new Affordable Rental Housing class.)} ADOPTED: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 252 Establishes an Operating Budget for the County of Hawai‘i for the Fiscal Year (Draft 3): July 1, 2008, to June 30, 2009. {Proposed $408,001,037 Operating Budget for the County of Hawai‘i. Draft 3 reflects an increase in the estimated revenues and appropriations by $4,796,039 to $408,001,037, 1.2% higher than the budget proposal submitted on May 5, 2008 (28 new positions were added, which increased the total new positions to 55).} ND AMENDED TO DRAFT 4 & PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Yoshimoto – 1. EXCUSED: None. ;and Comm. 1039.51: From Council Member Donald Ikeda, dated May 22, 2008, transmitting a proposed amendment to Bill 252, Draft 3 (Memorandum No. 1); and Comm. 1039.52: From Council Member Dominic Yagong, dated May 23, 2008, transmitting a proposed amendment to Bill 252, Draft 3 (Memorandum No. 2); and Comm. 1039.53: From Council Member Dominic Yagong, dated May 22, 2008, transmitting a proposed amendment to Bill 252, Draft 3 (Memorandum No. 3); and Hawai‘i County Council-37 Page 3 June 2, 2008 Comm. 1039.54: From Council Member Donald Ikeda, dated May 19, 2008, transmitting a proposed amendment to Bill 252, Draft 3 (Memorandum No. 4); and Comm. 1039.55: From Council Member Donald Ikeda, dated May 27, 2008, transmitting a proposed amendment to Bill 252, Draft 3 (Memorandum No. 5). Bill 253 Relates to Public Improvements and Financing Thereof for the Fiscal Year July 1, (Draft 3): 2008, to June 30, 2009. {Proposes 96 projects totaling $180,642,000 Capital Improvements Project Budget for the County of Hawai‘i: Federal Grants Receivable ($14,186,000), State CIP ($1,454,000), State Revolving Fund ($15,039,000), Fair Share ($1,200,000), Fund Balance-Lapsed Highway Fund Projects ($142,000), and General Obligation Bonds, Capital Projects Fund Balance, and/or Other Sources ($148,621,000), for a total of $180,642,000.} ND AMENDED TO DRAFT 4 & PASSED 2 & FINAL READING: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 8. NOES: None. ABSENT: Council Member Higa – 1. EXCUSED: None. ;and Comm. 1040.24: From Council Member Donald Ikeda, dated May 19, 2008, transmitting a proposed amendment to Bill 253, Draft 3 (Memorandum No. 1). REPORTS 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. 1167.2 RECONSIDERATION OF THE VOTE TAKEN ON BILL 284 (RELATING TO THE SALARY ORDINANCE OF 2008) From Council Chair Pete Hoffmann, dated May 22, 2008, requesting the reconsideration of the vote taken at the Council’s May 20, 2008, meeting regarding Bill 284. States necessary amendments contained in Communication 1167.1, which was listed on the agenda, was not acted upon; therefore, this request for reconsideration. (Note: The vote was taken under the topic heading of “Order of the Day (Second or Final Reading)” at the Council’s May 20, 2008 meeting, which reconvened on May 21, 2008.) MOTION FOR RECONSIDERATION PASSES AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-37 Page 4 June 2, 2008 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 AMENDED TO DRAFT 2 & PASSED 2 & FINAL READING: AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann – 9. NOES: None. ABSENT: None. EXCUSED: None. ;and Comm. 1167.1: From Council Chair Pete Hoffmann, dated May 9, 2008, transmitting proposed amendments to Bill 284. NOTE: Pursuant to Hawai‘i Revised Statutes, Section 92, notice is hereby given that if the motion to reconsider Bill 284 is approved, a re-vote will be taken on Bill 284 at this meeting. If reconsideration of Bill 284 is approved, there will be a pending motion on the floor by Ms. Naeole and duly seconded by Mr. Ikeda to approve Bill 284. Comm. 1168.10 RECONSIDERATION OF THE VOTE TAKEN ON BILL 285 (RELATING TO GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I) From Council Member Dominic Yagong, dated May 22, 2008, requesting the reconsideration of the vote taken at the Council’s May 20, 2008, meeting regarding Bill 285. States Bill 285 failed to pass and that pursuant to Rules of Procedure and Organization of the Council of the County of Hawai‘i, Rule No. 16, “Reconsideration”, states that a member voting with the majority may move for a reconsideration; therefore, this request for reconsideration. (Note: The vote was taken under the topic heading of “Bills for Ordinances (First Reading)” at the Council’s May 20, 2008 meeting, which reconvened on May 21, 2008.) MOTION FOR RECONSIDERATION PASSES AYES: Council Members Ford, Higa, Jacobson, Pilago, Yagong, and Chair Hoffmann – 6. NOES: Council Members Ikeda, Naeole, and Yoshimoto – 3. ABSENT: None. EXCUSED: None. Hawai‘i County Council-37 Page 5 June 2, 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. AMENDED TO DRAFT 2 & PUBLIC HEARINGS TO BE HELD IN PĀHOA ON JUNE 12, 2008, AT 6 P.M.; AND IN HILO ON JUNE 13, 2008 (WITH VIDEOCONFERENCING TO KONA AND WAIMEA) ;and Comm. 1168.11: From Council Member Stacy Higa, dated May 22, 2008, transmitting a proposed amendment to Bill 285; and Comm. 1168.12: From Council Chair Pete Hoffmann, dated May 22, 2008, transmitting a proposed amendment to Bill 285; and Comm. 1168.13: From Council Member Dominic Yagong, dated May 22, 2008, transmitting a proposed amendment to Bill 285. NOTE: Pursuant to Hawai‘i Revised Statutes, Section 92, notice is hereby given that if the motion to reconsider Bill 284 is approved, a re-vote will be taken on Bill 285 at this meeting. If reconsideration of Bill 285 is approved, there will be a pending motion on the floor by Mr. Yagong and duly seconded by Ms. Naeole to approve Bill 285. ANNOUNCEMENTS ADJOURNMENT 6:01 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 30, 2008. TTY users may use Relay Service (711)(961-8255) to contact our office. Hawai‘i County Council-37 Page 6 June 2, 2008 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. Videoconferencing is available at the following locations until 4:30 p.m., or later in the event public witness testimony has not been completed:  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, June 11, 2008, at 6 p.m.; Sunday, June 15, 2008, at 10:30 a.m.; and Wednesday, June 18, 2008, at 6 p.m. UPCOMING MEETINGS TUESDAY, JUNE 3, 2008 COUNCIL 8:30 a.m. COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor THURSDAY, JUNE 12, 2008 COUNCIL PUBLIC 6:00 p.m. PĀHOA NEIGHBORHOOD HEARING RE BILL 285, FACILITY DRAFT 2 (GENERAL 15-2910 Puna Road OBLIGATION BONDS) Hawai‘i County Council-37 Page 7 June 2, 2008 FRIDAY, JUNE 13, 2008 COUNCIL PUBLIC 6:00 p.m. COUNCIL ROOM – HILO HEARING RE BILL 285, 333 Kīlauea Avenue DRAFT 2 (GENERAL Ben Franklin Building OBLIGATION BONDS) Second Floor (with videoconferencing available to the Waimea Council Office at the Holomua Center and the Sheraton Keauhou Bay Resort and Spa) (Note: Council Members will be present at the following locations: County Council Room – Ben Franklin nd Tower, 2 Floor, 333 Kīlauea Avenue, Hilo, HI 96720; and Sheraton Keauhou Bay Resort and Spa, 78-128 Ehukai Street, Kailua-Kona, HI 96740.) TUESDAY, JUNE 17, 2008 COMMITTEES TBA COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor WEDNESDAY, JUNE 18, 2008 COUNCIL TBA COUNCIL ROOM – HILO 333 Kīlauea Avenue Ben Franklin Building Second Floor