Loading...
HomeMy WebLinkAboutAGE COUNCIL 11/04/2010 2008-2010 ACTIONS J YOSHIMOTO GUY ENRIQUES BRENDA FORD Chair & Presiding Officer KELLY GREENWELL EMILY I. NAEOLE PETE HOFFMANN DONALD IKEDA Vice Chair DENNIS “FRESH” ONISHI DOMINIC YAGONG COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 st 51 Session ORDER OF BUSINESS Hawai‘i County Council 25 Aupuni Street Hilo, Hawai‘i Thursday, November 4, 2010 9:00 a.m. INVOCATION Reverend Brian Welsh of Haili Church CALL TO ORDER 9:08 a.m. ROLL CALL PLEDGE OF ALLEGIANCE (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. AYES:EXCUSED:NOES:AYES:EXCUSED:NOES:, Naeole Hawai‘i County Council-51 Page 2 November 4, 2010 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 April 20, 2010 APPROVED: AYES: Council Members Enriques, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Ford - 1. EXCUSED: None. COMMUNICATIONS Comm. 983: PROPOSED 2011 HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PACKAGE From Council Chair J Yoshimoto, dated October 22, 2010, requesting Council’s approval of HSAC’s 2011 Legislative Package. These proposals relate to: Penal Code (replica guns; and assault against firefighters and water safety officers), Nomination Papers, Aquarium Aquatic Life, Employer-Union Health Benefits Trust Fund (EUTF) Board of Trustees, Employees’ Retirement System (ERS) Board of Trustees, Counties (appointment of county liquor administrators; and appointment of county personnel directors of neighbor island counties), and Housing. Waived: PWIRC APPROVED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Comm. 987: NOMINATIONS OF MR. JAMES “KIMO” LEE (COUNCIL DISTRICT 2), MS. M. LUAHIWA NAMAHOE (COUNCIL DISTRICT 4), MR. GREGORY C. HENKEL (COUNCIL DISTRICT 5), MR. BYRON K. MOKU (COUNCIL DISTRICT 8), AND MR. TOBY TANIGUCHI (COUNCIL DISTRICT 9) TO THE FIRE COMMISSION From Mayor Billy Kenoi, dated October 22, 2010, requesting the Council’s favorable recommendation of the above nominations. Waived: PSPRC APPROVED: AYES: Council Members Enriques, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Ford - 1. EXCUSED: None. AYES:EXCUSED:NOES:AYES:EXCUSED:eNOES: Hawai‘i County Council-51 Page 3 November 4, 2010 ORDER OF RESOLUTIONS Res. 352-10: Planning Director Initiated: Adopts “Envision Downtown Hilo (EDH) 2025: A Community-Based Vision and Living Action Plan – 5 Year Action Plan Update” as a Guide for the Future of Downtown Hilo. {The adoption of the “EDH 2025: 5-Year Action Plan Update” would be used as a guide by the County in its consideration of future development and capital projects in Downtown Hilo.} Re: Comm. 840 Intr. by: Mr. Ikeda Waived: PC ADOPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Yagong, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Onishi - 1. EXCUSED: None. ; and Comm. 840.4 From Council Member Donald Ikeda, dated October 22, 2010, requesting this resolution be waived from the Planning Committee to the Council for immediate action; and Comm. 840.5 From Council Member Donald Ikeda, dated October 22, 2010, transmitting a letter from the Planning Department regarding Resolution 352-10. States the Planning Committee postponed this measure to February 2011 to enable the Planning Department to meet with landowners regarding their concerns. Due to the Planning Department’s progress, they are requesting that this measure be placed on the th Council’s November 4 agenda. Res. 363-10: Recommends that the Department of Land and Natural Resources (DLNR) Disallow the Collection of Reef Fish for Export in the Waters Surrounding the Island of Hawai‘i. {Considers the collection of reef fish for export from Hawai‘i County’s coastal waters to be inconsistent with proper environmental practice, and requests that DLNR consider and concur with this position and that they disallow such action from further occurrence.} Re: Comm. 862 Intr. by: Mr. Greenwell Negative: HSEDC-9 (due to a vote of 3-ayes; 5-noes; 1-absent) FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Ford, Greenwell, Naeole, and Chair Yoshimoto – 4. NOES: Council Members Enriques, Hoffmann, and Yagong - 3. ABSENT: Council Members Ikeda and Onishi - 2. EXCUSED: None. Hawai‘i County Council-51 Page 4 November 4, 2010 Res. 397-10: Seeks Monetary Assistance in Combating and Controlling the Coffee Bean Borer. {Strongly encourages all appropriate County, State, and Federal agencies, offices, and departments to solicit funding from any and all sources, including the United States Department of Agriculture Farm Bill, for assistance in combating and controlling the coffee bean borer.} Re: Comm. 962 Intr. by: Mr. Greenwell Approve: HSEDC-8 AMENDED TO DRAFT 2; AND ADOPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 398-10: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of Hawai‘i Department of the Attorney General, Pursuant to HRS 46-7, for a “Na‘auao - Where Knowledge is Learned” Program Grant for the Hawai‘i Police Department. {Funds would be used to implement an intranet training module to train officers in many required subjects, and would involve testing, re-testing if required, storing training information, and tracking the training received by officers.} Re: Comm. 968 Intr. by: Mr. Onishi Approve: FC-185 ADOPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 399-10: Authorizes the Department of Parks and Recreation to Expand ‘Alae Cemetery. {The Windward Planning Commission held a public hearing on September 1, 2010 and voted to approve the Special Permit Application for the proposed expansion of ‘Alae Cemetery to develop, use, and maintain for cemetery purposes (TMK:(3)2-6-012:048).} Re: Comm. 969 Intr. by: Mr. Yagong Approve: PSPRC-32 ADOPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-51 Page 5 November 4, 2010 Res. 400-10: Supports the Hawaiian Islands Humpback Whale National Marine Sanctuary’s Efforts to Critically Review Its Management Plan and Encourage the Inclusion of Marine Life Other Than the Humpback Whale. {Encourages the sanctuary to make very effort to engage in meaningful dialogue with the public to ensure that the updated management plan is a product of collaboration and thoughtful compromise.} Re: Comm. 970 Intr. by: Mr. Hoffmann Negative: EMC-15 (due to a vote of 3-ayes; 5-noes; 1-absent) AMENDED TO DRAFT 2; AND ADOPTED: AYES: Council Members Ford, Greenwell, Hoffmann, Ikeda, Naeole, and Chair Yoshimoto – 6. NOES: Council Members Enriques and Yagong – 2. ABSENT: Council Member Onishi – 1. EXCUSED: None. Res. 401-10: Authorizes the Mayor to Enter Into a Memorandum of Agreement with the State of Hawai‘i Department of Health, Hawai‘i District Health Office (HDHO)for the Purchase and Transfer of Three Vehicles. {Authorizes the Mayor to execute a Memorandum of Agreement with the State Department of Health for the purchase and transfer of three Ford F-250 pick-up trucks, purchased with 2008 Homeland Security Grant funds by the County of Hawai‘i to HDHO.} Re: Comm. 971 Intr. by: Mr. Onishi Approve: FC-187 ADOPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-51 Page 6 November 4, 2010 Res. 405-10 Authorizes the Exemption of Certain Hawai‘i County Code Requirements, Pursuant (Draft 2): to Section 201H-38 of the Hawai‘i Revised Statutes for the Proposed Kamakana Villages at Keahuolū Master-Planned Mixed-Use Affordable Housing Project. {The Office of Housing and Community Development has been working in consultation with Forest City and Hawai‘i Housing Finance and Development Corporation to develop Kamakana Villages, on approximately 272.063 acres of land at Keahuolū, North Kona, Hawai‘i, identified by Tax Map Key:(3)7-4-021:020, 024, 025, 026, and 027. (Attached to this resolution are the preliminary plans and specifications: Exhibit A (Plans and Figures) and Exhibit B (Exemptions).} Re: Comm. 977.4 Intr. by: Mr. Hoffmann Postponed: October 20, 2010 Public Hearing: October 28, 2010 AMENDED TO DRAFT 3; AND HELD OVER PURSUANT TO COUNCIL RULE 24(e): AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Onishi, Yagong, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Naeole - 1. EXCUSED: None. (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Mr. Greenwell to adopt Resolution 405-10, as amended.) Res. 407-10: Authorizes the Temporary Closure of the Stub-Out at the End of Alohalani Drive Where it Intersects with Kaunaloa Street, in the District of South Hilo, County and State of Hawai‘i. {The stub-out at the end of Alohalani Drive shall be temporarily closed until such time as the Council, by resolution, authorizes its reopening. Recognizes the need to curtail acts of loitering, littering, and illegal consumption of alcohol, and to promote a safer and cleaner community that can be fully enjoyed and embraced by its residents.} Re: Comm. 984 Intr. by: Mr. Yoshimoto Waived: PWIRC ADOPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai‘i County Council-51 Page 7 November 4, 2010 Res. 408-10: Accepts the Grant of Easement for Public Access Purposes from the Trustees of the Parker Land Trust, Parker Ranch, Inc., and the Association of Ranch Home Owners of Holoholo Ku at Parker Ranch. {Pending the dedication of the roadway to the County, the owners of Tax Map Keys:(3)6-7-020:070, 069, and 001 are desirous of granting a nonexclusive easement on and over the Connector Road Improvements for public access purposes.} Re: Comm. 985 Intr. by: Mr. Enriques Waived: PWIRC ADOPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) Bill 204 Amends Section 25-8-33 (North Kona Zone Map), Article 8, Chapter 25 (Zoning (Draft 2): Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - Five Acres (A-5a) to Family Agricultural - Two ND Acres (FA-2a) at Kapalaalaea 2, North Kona, Hawai‘i, Covered by Tax Map Key: 7-7-007:047 (approx. 5.275 acres). {Charles G. Bockus, Applicant.} Re: Comm. 689.3 Intr. by: Ms. Ford Approve: PC-102 st PASSED 1 READING: AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Hoffmann – 1. EXCUSED: None. Hawai‘i County Council-51 Page 8 November 4, 2010 Bill 298: Amends Chapter 27, Article 2, and Article 4, of the Hawai‘i County Code 1983 (2005 Edition, As Amended), relating to Floodplain Management. {Proposes to amend Sections 27-12, 27-17, 27-18, and 27-23 relating to the following: Eliminates the Buffer zone; amends the definition “Substantial improvement,” changing the ten-year recapture of past improvements back to the prior Code’s three-year recapture; and amends the prohibition against filling in a Zone VE to just structural fill.) Re: Comm. 936 Intr. by: Mr. Onishi Approved: PWIRC-98 st PASSED 1 READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 307: Planning Director Initiated: Amends Chapter 25, Hawai‘i County Code 1983 (2005 Edition, as Amended) Relating to Processing Time for a Use Permit Application. {Amendment proposes to increase the time period by which a public hearing before the Planning Commission shall be conducted for a Use Permit application from its current sixty days to ninety days.} Re: Comm. 965 Intr. by: Mr. Ikeda Approved: PC-101 st PASSED 1 READING: AYES: Council Members Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Enriques - 1. EXCUSED: None. Hawai‘i County Council-51 Page 9 November 4, 2010 Bill 308: Amends Ordinance No. 10-60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010 to June 30, 2011. {Establishes the following program appropriations: Roadway Projects (Engineering) ($1,800,000); Bridge Inspection, Repair, and Replacement Program (Engineering) ($900,000); Americans with Disabilities Act and Accessible Route Program (Engineering) ($400,000); and Local Road Improvements (Highways) ($3,100,000), for a total of $6,200,000; funds shall be provided from that portion of the Highway Fund which is designated as the Fuel Tax Increase Account No. 3104.06, and which consists of the increase fuel tax revenues created pursuant to Resolution No. 504-08. Projected revenues are being allocated based on each district’s percent of miles of local streets, for all roads maintained by the County (projects are listed in “Exhibit A”).} Re: Comm. 966 Intr. by: Mr. Onishi Approved: FC-183 2/3 Vote: Section 10-6(d), Hawai‘i County Charter st PASSED 1 READING: AYES: Council Members Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Enriques -1. EXCUSED: None. Bill 309: Amends Ordinance No. 10-60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010 to June 30, 2011. {Adds PUBLIC WORKS: Mid-Level Road (Ane Keohokalole Highway) - Private ($5,000,000); funds shall be provided from Private Contributions ($5,000,000). These improvements only benefit the adjacent properties along the construction area of Ane Keohokalole Highway and do not qualify for American Reinvestment and Recovery Act (ARRA) funds and are referred to as non-participating work. The property owners have agreed to pay for their share of non-participating work.} Re: Comm. 967 Intr. by: Mr. Onishi Approved: FC-184 2/3 Vote: Section 10-6(d), Hawai‘i County Charter st PASSED 1 READING: AYES: Council Members Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Enriques -1. EXCUSED: None. Hawai‘i County Council-51 Page 10 November 4, 2010 Bill 310: Amends Ordinance No. 10-59, as Amended, the Operating Budget for the County of Hawai‘i for the Fiscal Year Ending June 30, 2011. {Appropriates revenues in Federal Grants - Na‘auao - Where Knowledge is Learned ($145,457); appropriates same to Na‘auao - Where Knowledge is Learned.} Re: Comm. 968 Intr. by: Mr. Onishi Approved: FC-186 st PASSED 1 READING: AYES: Council Members Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Enriques -1. EXCUSED: None. Bill 311: 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 Public Improvement Projects; Fixing the Form, Denominations, and Certain Other Details of Such Bonds and Providing for Their Sale to the Public; and Authorizing the Taking of Other Actions Relating to the Issuance and Sale of the Bonds. {Principal amount not to exceed $56,000,000. The projects include: Kawaihae Housing Closure ($1,000,000), Kaloko Housing Project ($4,000,000), Pool Drainage Covers ($500,000), Hawai‘i Paradise Park-New Park Development ($5,500,000), Kikala-Keokea New Park Development ($100,000), North Kohala Recreational Facilities Repair and Upgrade ($2,000,000), Banyan Beach Parking Lot ($300,000), Kapiolani Street Extension ($8,700,000), Puna Makai Alternate Roadway ($500,000), La‘aloa Extension ($20,000,000), Energy Efficiency and Related Maintenance Upgrades ($4,000,000), Waiohino Transfer Station ($8,800,000), and Waimea Recycle and Transfer Station Garage ($100,000), for a total of $55,000,000.} Re: Comm. 972 Intr. by: Mr. Onishi Approved: FC-188 st PASSED 1 READING: AYES: Council Members Enriques, Hoffmann, Ikeda, Naeole, and Onishi – 5. NOES: Council Members Ford, Yagong, Yoshimoto – 3. ABSENT: Council Member Greenwell - 1. EXCUSED: None. Hawai‘i County Council-51 Page 11 November 4, 2010 Bill 315: Amends Ordinance No. 10-60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010 to June 30, 2011. {Increases PUBLIC WORKS: Ali‘i Drive Culvert Replacement [$500,000] $1,508,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or other Sources ($1,008,000). Additional funds would be used for the permitting, engineering design, and land acquisition for this project (a.k.a. Kahului or Wai‘aha Drainageway.} Re: Comm. 986 Intr. by: Mr. Onishi Waived: FC 2/3 Vote: Section 47-5 Hawai‘i Revised Statutes st PASSED 1 READING: AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 8. NOES: None. ABSENT: Council Member Greenwell - 1. EXCUSED: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 229: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Single-Family Residential – 7,500 Square Feet (RS-7.5) to Multiple-Family Residential – 2,500 Square Feet (RM-2.5) at Waiākea, South Hilo, Hawai‘i, Covered by Tax Map Key:2-4-028:009 (approx. 3.292 acres). {Vincent Tai, Applicant.} Re: Comm. 756 Intr. by: Mr. Ikeda Postponed: April 20, 2010 st 1 Reading: October 20, 2010 nd PASSED 2 and FINAL READING: AYES: Council Members Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 5. NOES: Council Members Ford and Hoffmann - 2. ABSENT: Council Members Enriques and Greenwell - 2. EXCUSED: None. Hawai‘i County Council-51 Page 12 November 4, 2010 Bill 301: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural – Three Acres (A-3a) to Family–Agricultural – One Acre (FA-1a) at Waiākea, South Hilo, Hawai‘i, Covered by Tax Map Key:2-4-032:012 (approx. 5.00 acres). {Kevin Ken Akiyama, Applicant.} Re: Comm. 944 Intr. by: Mr. Ikeda st 1 Reading: October 20, 2010 nd PASSED 2 and FINAL READING: AYES: Council Members Ford, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 6. NOES: Council Member Hoffmann - 1. ABSENT: Council Members Enriques and Greenwell - 2. EXCUSED: None. Bill 302: Amends Ordinance No. 08-39 Which Reclassified Lands from Single-Family Residential – 10,000 Square Feet (RS-10) to Neighborhood Commercial – 20,000 Square Feet (CN-20) at Waiākea, South Hilo, Hawai‘i, Covered by Tax Map Key:2-2-040:121 (approx. 23,559 square feet); Requests to Delete Condition D (Restrict Uses Allowed in CN zoning District to Personal Services, Residential, and Residential Related). {Jin Soo and Ran Hui Iida, Applicants.} Re: Comm. 951 Intr. by: Mr. Ikeda st 1 Reading: October 20, 2010 nd PASSED 2 and FINAL READING: AYES: Council Members Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 5. NOES: Council Members Ford and Hoffmann - 2. ABSENT: Council Members Enriques and Greenwell - 2. EXCUSED: None. Hawai‘i County Council-51 Page 13 November 4, 2010 Bill 303: Amends Ordinance No. 10-60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010 to June 30, 2011. {Adds ENVIRONMENTAL MANAGEMENT: Honoka‘a Large Capacity Cesspool Replacement – State Revolving Fund (SRF) ($976,000); funds shall be provided from SRF ($976,000). The project involves the design and installation of new sewer mains (Phase 1) and upgrades to the existing Wastewater Treatment Plant (Phase II) located in Haina Town. Funds would be used for Phase II, which is tentatively scheduled to go out to bid in October 2010 (Phase I is near to completion).} Re: Comm. 952 Intr. by: Mr. Onishi st 1 Reading: October 20, 2010 2/3 Vote: Section 10-6(d), Hawai‘i County Charter nd PASSED 2 and FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 7. NOES: None. ABSENT: Council Members Enriques and Greenwell - 2. EXCUSED: None. Bill 312: Amends Ordinance No. 10-60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010 to June 30, 2011. {Adds PARKS AND RECREATION: Discretionary Projects-Geothermal Funds-Council District 5 ($184,965); funds shall be provided from Transfer from Geothermal Relocation and Community Benefits Fund ($184,965). Re: Comm. 975 Intr. by: Mr. Onishi st 1 Reading: October 20, 2010 2/3 Vote: Section 10-6(d), Hawai‘i County Charter nd PASSED 2 and FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 7. NOES: None. ABSENT: Council Members Enriques and Greenwell - 2. EXCUSED: None. Hawai‘i County Council-51 Page 14 November 4, 2010 Bill 313: Amends Ordinance No. 10-60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010 to June 30, 2011. {Adds: PARKS AND RECREATION: Improvements to Pana‘ewa Rainforest Zoo and Garden ($290,000); funds shall be provided from Federal Grants Receivable ($290,000). Funds would be used for the development of a new ADA- and Safety- compliant children’s playground for all age groups, landscape improvements, new picnic area with expanded seating, construction of two new ADA-accessible family use restrooms in the zoo’s entry building, and a new office in the existing rain shelter structure.} Re: Comm. 976 Intr. by: Mr. Onishi st 1 Reading: October 20, 2010 2/3 Vote: Section 10-6(d), Hawai‘i County Charter nd PASSED 2 and FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto – 7. NOES: None. ABSENT: Council Members Enriques and Greenwell - 2. EXCUSED: None. REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 980: CLAIM AGAINST THE COUNTY OF HAWAI‘I/FARMERS INSURANCE RE: ED BUYTEN From Deputy Corporation Counsel Brooks Bancroft, dated October 14, 2010. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL 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 7:12 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. Hawai‘i County Council-51 Page 15 November 4, 2010 The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by October 18, 2010. 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 Members will be present at the following location(s):  Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and  County Council Room, 25 Aupuni Street, Hilo. Public Attendance via Videoconference is available at the locations(s) 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: Wednesdays, November 10 and 17, 2010, at 6 p.m.; Fridays, November 12 and 19, 2010, at 12 p.m.; and Sundays, November 14 and 21, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS TUESDAY, NOVEMBER 9, 2010 FINANCE COMMITTEE 3:00 P.M. SITE VISIT MEET AT OLD SITE VISIT AND HOMESTEAD ROAD AKA PUBLIC HEARING KAMĀ‘OA ROAD RE RES. 377-10 5:00 P.M. PUBLIC HEARING NA‘ALEHU COMMUNITY CENTER TUESDAY, NOVEMBER 16, 2010 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, NOVEMBER 17, 2010 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA MONDAY, DECEMBER 6, 2010 COUNCIL 9:00 A.M. (SINE DIE) COUNCIL ROOM - HILO 25 Aupuni Street 3:00 P.M. (COUNCIL NEW) Hawai‘i County Council-51 Page 16 November 4, 2010 WEDNESDAY, DECEMBER 15, 2010 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA