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Home My WebLink AboutAGE COUNCIL 11/02/2011 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO ['ice Chairperson 30`1' Session INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Wednesday, November 2, 2011 9:00 a.m. Reverend Brian Welsh of Haili Church FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO v (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-30 November 2, 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 May 17, 2011: Postponed - October 19, 2011 COMMUNICATIONS Comm. 443: APPOINTS STEPHEN D. LOPEZ TO THE POSTION OF DEPUTY COUNTY CLERK Pursuant to Hawai‘i County Charter, Section 3-6(b)(4), appoints Mr. Stephen D. Lopez to the position of Deputy Clerk, effective November 2, 2011. (Note: Subject to approval by the Hawai‘i County Council.) ORDER OF RESOLUTIONS 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 Postponed: June 15, 2011 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Blas, to adopt Resolution 80-11, as amended.) ; 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: June 15, 2011 ; and Comm. 212.4: From Environmental Management Director Frank DeMarco, submitting for information “Table A: Tonnage and Loads per Transfer Station.” Postponed: June 15, 2011 ; and (Communication 212.6 continues on the next page.) Page 2 Hawai‘i County Council-30 November 2, 2011 Comm. 212.6: From Council Member Pete Hoffmann, dated October 14, 2011, transmitting a report summarizing discussions with the Department of Environmental Management (DEM). States the report is comprised of initial questions prepared by his office and submitted to DEM for comment. Res. 176-11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE U. S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE PURSUANT TO HRS 46-7, FOR A JUSTICE ASSISTANCE GRANT FOR THE HAWAI‘I COUNTY POLICE DEPARTMENT Funds would be used to purchase a trailer to transport training materials and mats, purchase audio and video equipment to produce in-house training videos, and to cover costs incurred for two Death Investigation trainings for East and West Hawai‘i. Re: Comm. 411 Intr. by: Ms. Ford Approve: FC-139 Res. 177-11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR NINE MULTI-FUNCTION COPIERS FOR THE HAWAI‘I COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for nine multi- functional copiers, and shall be leased at a cost not to exceed $153 per machine/per month and $.013 per copy at seven locations; and $48 per machine/per month and $.019 per copy at two substations. (Copiers to be located at the following locations: North Hilo, Hāmākua, Waimea, Maunalani Substation, Kohala, Captain Cook Substation, Ka‘u, and Kea‘au.) Re: Comm. 412 Intr. by: Ms. Ford Approve: FC-141 Res. 178-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $227 TO THE DEPARTMENT OF PARKS AND RECREATION FOR IMPROVEMENTS AT PANA‘EWA ZOO Donated by Polynesian Adventure Tours, the funds ($227) would be used by the Parks and Recreation Department to improve facilities at the Pana‘ewa Zoo. Re: Comm. 413 Intr. by: Ms. Ford Approve: FC-142 Page 3 Hawai‘i County Council-30 November 2, 2011 Res. 179-11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HEALTH, MATERNAL & CHILD HEALTH BRANCH, PURSUANT TO HRS 46-7, TO SUPPORT THE COUNTY OF HAWAI‘I OFFICE OF THE MAYOR/IMMIGRATION INFORMATION OFFICE’S COMMUNITY BASED CHILD ABUSE PREVENTION PROGRAM Funds would be used to organize a strategic planning conference and related activities to address domestic violence, specifically for immigrant women, men, and children. Re: Comm. 417 Intr. by: Ms. Ford Approve: FC-146 BILLS FOR ORDINANCES (FIRST READING) Bill 101: PLANNING DIRECTOR INITIATED: AMENDS THE PUNA COMMUNITY DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08-116 AND AMENDED BY ORDINANCE NO. 10-104, RELATING TO FORMATTING AND CLERICAL REVISIONS The Windward Planning Commission forwards a favorable recommendation to the Planning Director’s request for amendments to the Puna Community Development Plan relating to non-substantive language, spelling, and formatting of certain sections of the Puna CDP (referenced in Communication 369 as Exhibit 2). Re: Comm. 369 Intr. by: Mr. Hoffmann Approve: PC-30 Bill 102: PLANNING DIRECTOR INITIATED: AMENDS THE PUNA COMMUNITY DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08-116 AND AMENDED BY ORDINANCE NO. 10-104, RELATING TO FIGURES 5-1 THROUGH 5-11 The Windward Planning Commission forwards a favorable recommendation to the Planning Director’s request for amendments to the Puna Community Development Plan relating to the identification of boundaries for regional town centers, community village centers, and neighborhood village centers (referenced in Communication 369 as Exhibit 1). Re: Comm. 369 Intr. by: Mr. Hoffmann Approve: PC-31 Page 4 Hawai‘i County Council-30 November 2, 2011 Bill 114: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 3 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BUS STOPS AND PUBLIC ROAD TAXI STANDS Amends Chapter 24, Article 10, Division 3, Section 24-275, Schedule 23 (Bus stop locations), subsection (c), South Hilo, by revising an existing item: “(5) Kamehameha Avenue, west side, beginning from a point sixty feet south of Kalākaua Street and extending fifty feet in the southerly direction, from [2:00] 12:30 p.m. to [3:00] 2:30 p.m., on school days.” (Amendment accommodates the revised release time at the Connections Public Charter School, which this bus stop primarily serves.) Re: Comm. 396 Intr. by: Mr. Blas Approve: PWPRC-53 Bill 115: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-280, Schedule 28 (No parking at anytime), subsection (e), Kohala, by adding: “(___) Hooko Street, both sides, from Paniolo Avenue and extending three hundred thirty feet in the westerly direction.” (Amendment generated in an effort to restrict people from parking in the subject area, encroaching in the through lane, and causing through traffic from driving in the left-turn lane, which is especially evident on school days during Waikoloa Elementary School’s start and end times.) Re: Comm. 397 Intr. by: Mr. Blas Approve: PWPRC-54 Bill 117: AMENDS ORDINANCE NO. 11-70, WHICH AMENDS CHAPTER 17 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PLUMBING Amends the following: 1) SECTION 3, Chapter 17, article 2, division 1, Section 17-13 “Nonliability of the County or its employee for damages,” subsection (b); 2) SECTION 4, Chapter 17, article 2, division 2, Section 17-16 “Work not requiring permit,” subsection (b); and SECTION 5, Chapter 17, article 2, division 2, Section 17-19 “Refunds.” Re: Comm. 399 Intr. by: Mr. Yagong Waived: PWPRC Postponed: October 19, 2011 (Note: There is a pending motion by Mr. Yagong and duly seconded by Ms. Ford, to approve Bill 117.) Page 5 Hawai‘i County Council-30 November 2, 2011 Bill 119: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Federal Grants – Volunteer Fire Assistance ($46,457.50); and appropriates same to Volunteer Fire Assistance Grant. Funds would be used by the Fire Department to provide for training and the acquisition of equipment specified under the Volunteer Fire Assistance Program. Re: Comm. 410 Intr. by: Ms. Ford Approve: FC-138 Bill 120: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants – Justice Assistance Grant ($105,029); and appropriates same to Justice Assistance Grant. Re: Comm. 411 Intr. by: Ms. Ford Approve: FC-140 Bill 121: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in State Grants – Area Plan on Aging ($50,000); and appropriates same to Area Plan on Aging. Funds would be used by the Office of Aging for administrative, personnel, or other operational costs to develop the Aging and Disability Resource Center (ADRC) in conjunction with the Executive Office on Aging and other county area agencies on aging, to meet the federally defined criteria of a statewide fully functioning ADRC. Re: Comm. 414 Intr. by: Ms. Ford Approve: FC-143 Bill 122: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in State Grants – Area Plan on Aging ($10,550); and appropriates same to Area Plan on Aging. Funds would be used by the Office of Aging to continue implementation of the Chronic Disease Self-Management Program. Re: Comm. 415 Intr. by: Ms. Ford Approve: FC-144 Page 6 Hawai‘i County Council-30 November 2, 2011 Bill 123: AMENDS ORDINANCE NO. 11-60, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 Adds Public Works: Traffic Calming Improvements – District 9 ($46,780); funds shall be provided from Fair Share ($46,780). Funds would be used to construct traffic calming improvements on adjacent roadways to neighborhood schools in District 9 (construction and installation of flashing lights and reduced speed limits in designated school zones and marked crosswalks). Re: Comm. 416 Intr. by: Ms. Ford Approve: FC-145 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 124: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants – Community Based Child Abuse Prevention ($4,995); and appropriates same to Community Based Child Abuse Prevention. Re: Comm. 417 Intr. by: Ms. Ford Approve: FC-147 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 99: 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 RELOCATING THE PROPOSED 60-FOOT WIDE RIGHT-OF-WAY CONNECTING ‘ĀKŌLEA ROAD AND ‘I‘IWIPŌLENA ROAD TO THE NORTH TO ALIGN WITH HALELOKE STREET IN THE VICINITY OF HILO HEIGHTS SUBDIVISION, ACCOMPANIED BY THE ADJUSTMENT OF ADJOINING ROADWAY CONNECTIONS AT PONOHAWAI, SOUTH HILO, HAWAI‘I The current 60-foot wide future road right-of-way straddles the common boundary between Hilo Heights Subdivision and ‘Ākōlea Plantation Subdivision, affecting those lots that adjoin this common boundary. The Planning Director recommends the elimination of this 60-foot right-of-way in favor of designating the existing Haleloke Street and its future extension to serve as the collector roadway connecting ‘Ākōlea Road and ‘I‘iwipōlena Road. Re: Comm. 367 Intr. by: Mr. Hoffmann First Reading: October 19, 2011 Page 7 Hawai‘i County Council-30 November 2, 2011 Bill 103: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in State Grants – Department of Health – Tobacco Sting ($8,000); and appropriates same to Department of Health – Tobacco Sting. Re: Comm. 373 Intr. by: Ms. Ford First Reading: October 19, 2011 Bill 104: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants – Distracted Driving Project ($25,278.40); and appropriates same to Distracted Driving Project. Re: Comm. 374 Intr. by: Ms. Ford First Reading: October 19, 2011 Bill 105: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Federal Grants – Traffic Investigation Program ($5,000); and appropriates same to Hawai‘i County Police Department (HCPD) Traffic Investigation Program. Funds would be used by the Police Department’s Traffic Investigation Program to allow two additional officers to attend Advance Traffic Reconstruction training in Honolulu (to improve speed and alcohol related fatal traffic crash investigations by providing additional training for members of their Traffic Enforcement Unit). Re: Comm. 375 Intr. by: Ms. Ford First Reading: October 19, 2011 Bill 106: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Federal Grants – Speed Enforcement Grant ($19,050); and appropriates same to Speed Enforcement. Funds would be used by the Police Department’s Speed Enforcement Program to purchase the following: On-site 350 radar trailer, Dell computer, and Stalker brand radar speed units. Re: Comm. 376 Intr. by: Ms. Ford First Reading: October 19, 2011 Page 8 Hawai‘i County Council-30 November 2, 2011 Bill 107: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Federal Grants – Roadblock Grant ($49,000); and appropriates same to Hawai‘i County Police Department (HCPD) Roadblock Program. Funds would be used by the Police Department’s Roadblock Program for the following: 1) Purchase of Honda Tele-Lite TEU 1000D generator/spotlight, CMI Intoxilyzer 5000 EN, and Duro-Flash LED road flares; 2) Provide Department of Health Intoxilyzer Instructor training; and 3) Allow police officers to attend DRE training in Honolulu. Re: Comm. 377 Intr. by: Ms. Ford First Reading: October 19, 2011 Bill 108: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants – Hawai‘i Airport Task Force (HATF) ($17,300); and appropriates same to Hawai‘i Airport Task Force (HATF). Re: Comm. 378 Intr. by: Ms. Ford First Reading: October 19, 2011 Bill 109: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in State Grants – Used Oil Collection/Disposal ($15,000); and appropriates same to Used Oil Collection/Disposal. Re: Comm. 379 Intr. by: Ms. Ford First Reading: October 19, 2011 Bill 110: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Fund Balance Reserved for Liquor Control ($30,000) and appropriates same to Liquor Control – Other Current Expenses. Funds would be used by the Department of Liquor Control to give its investigators specialized non-aggressive self-defense training to aid them in controlling an intoxicated, aggressive person that may lead to possible violent situations. Re: Comm. 382 Intr. by: Ms. Ford First Reading: October 19, 2011 Page 9 Hawai‘i County Council-30 November 2, 2011 Bill 111: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Chapter 24, Article 10, Division 2, Section 24-265(b), by adding the following: “( ) Old Māmalahoa Highway, northbound approach to Bridge No. 29-2”; “( ) Old Māmalahoa Highway, southbound approach to bridge adjacent to parcels 3-5-9:19, 3-5-9:20, and 3-5-30:49”; and “( ) Old Māmalahoa Highway, westbound approach to Bridge No. 35-1.” (Amendments were based on a request by the Department of Public Work’s Engineering Division to assign right-of-way at the approaches to the subject one-lane bridges.) Re: Comm. 384 Intr. by: Mr. Blas First Reading: October 19, 2011 Bill 118 (Draft 2): AMENDS ORDINANCE NO. 11-69, WHICH AMENDS CHAPTER 9 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ELECTRICITY Amends SECTION 2, Chapter 9, article 1, section 9-5, by restoring the definition for “assistant” and corrects the reference from “administrative authority” to the “authority having jurisdiction” which are referenced throughout this chapter; Section 9-16.3 (Administrative enforcement) (c); Section 9-16.4 (Criminal prosecution) (d); and Section 9-20 (Rules; Adoption of rules by the board of appeals). Re: Comm. 404.2 Intr. by: Mr. Hoffmann First Reading: October 19, 2011 Bill 125: AMENDS ORDINANCE NO. 11-60, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 Adds Public Works: Ka‘ū High – Pāhala Elementary Gym and Civil Defense (CD) Shelter (State) ($17,900,000); funds shall be provided from State Grants Receivable ($17,900,000). Funds would be used for the design and construction of a new gymnasium/civil defense shelter on the ground of Ka‘ū High and Pāhala Elementary School. Re: Comm. 418 Intr. by: Ms. Ford (B/R) First Reading: October 19, 2011 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 10 Hawai‘i County Council-30 November 2, 2011 Bill 126: AMENDS CHAPTER 14, GENERAL WELFARE, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AXIS DEER Adds a new article as a preemptive attempt to quell the negative effect that axis deer have in our County by prohibiting the transportation and harboring of axis deer. Any person in violation shall, upon conviction, be guilty of a misdemeanor, and sentenced to a fine of up to $2,000 or imprisonment for a period of up to one year or both. (The Pana‘ewa Rainforest Zoo is exempt from this article.) Re: Comm. 420 Intr. by: Mr. Yagong First Reading: October 19, 2011 Bill 270 (Draft 3): REPEALS CHAPTER 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 (2008-2010) EDITION, AS AMENDED), TO BE REPLACED BY A NEW CHAPTER 5, RELATING TO BUILDING The State Building Code Council has reviewed and proposed the adoption of the 2006 International Building Code (IBC) with amendments. (Repeals Chapter 5 of the Hawai‘i County Code (Building) and replaces it with a new Chapter 5.) Re: Comm. 128.2 Intr. by: Mr. Yagong Postponed: September 9, 2010 March 16, 2011:Recommits Bill 270, Draft 2, to the Public Works and Parks and Recreation Committee First Rdg.: July 7, 2011 Second Rdg.: July 22, 2011 Reconsidered: August 17, 2011 Postponed: September 21, 2011 Held Over: October 5, 2011 Postponed: October 19, 2011 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Pilago, to approve Bill 270, as amended.) ; and Comm. 128.39 From Public Works Deputy Director Brandon A. K. Gonzalez, dated September 16, 2011, providing an update and material regarding the passage of Bill 270, Draft 3. (Postponed on September 21, 2011 and held over on October 5, 2011.) Postponed: September 21, 2011 Held over: October 5, 2011 Postponed: October 19, 2011 ; and (Communication 128.54 continues on the next page.) Page 11 Hawai‘i County Council-30 November 2, 2011 Comm. 128.54: From Public Works Director Warren H. W. Lee, dated September 28, 2011, transmitting Attachments 1, 2, and 3, which were inadvertently not included with th their September 16 submittal (reference Comm. 128.39). Held over: October 5, 2011 Postponed: October 19, 2011 ; and Comm. 128.74: From Council Member Brittany Smart, dated October 4, 2011, transmitting proposed amendments to Bill 270, Draft 3. Amends the following: Section 5-11 (Duties of the Administrative Authority), subsection (1); Section 5-19 (Permit required), subsection (a)(4), and under “Exceptions”, subsections (5), (14), (18), and (19); Section 5-22 (Expiration), subsections (a) and (c); Section 5-41 (Inspection requests), subsection (d); deletes Section 5-61 (Criminal prosecution) and re-names it “Reserved”; Section 5-76 (Amendments to Appendix C; Group U-Agricultural Buildings), subsection C101.2, Section 1609.1.2 (Protection of openings), and 1609.1.2.1 (Building with openings); and adds Section 5-85 (Exemption from International Energy Conservation Code; as adopted and amended Non-conditioned R-3 structures are exempted from this article). Held over: October 5, 2011 Postponed: October 19, 2011 (Note: There is a pending motion by Ms. Smart and duly seconded by Ms. Ford, to amend Bill 270, as amended, with the contents of Comm. 128.74.) ; and Comm. 128.81: From Deputy Corporation Counsel Kyle K. Chang, dated October 17, 2011 responding to the Council’s request for an opinion by their office on whether the Council has the discretion to amend the State Building Code and, if the Council has such discretion, to what extent may the Council amend the State Building Code; and also comments on the contents contained in Communication 128.74. Postponed: October 19, 2011 REPORTS FC-135 (Comm. 406): Recommends the confirmation of Mr. Enock N. Freire (Council District 7) to the Public Access, Open Space, and Natural Resources Preservation Commission. FC-136 (Comm. 406): Recommends the confirmation of Ms. Marilyn L. Nicholson (Council District 6) to the Public Access, Open Space, and Natural Resources Preservation Commission. FC-137 (Comm. 407): Recommends the confirmation of Mr. Jubilee “Jube” N. Kuewa (Council District 3) to the Merit Appeals Board. Page 12 Hawai‘i County Council-30 November 2, 2011 REFERRALS FOR EXECUTIVE SESSION Comm. 287.1: COUNTY OF HAWAI‘I V. C&J COUPE FAMILY LIMITED PARTNERSHIP, CIV. NOS. 00-1-0181K AND 05-1-015K (CONSOLIDATED CASES), SUPREME COURT OF THE UNITED STATES NO. 11-75, AND THE MĀMALAHOA HIGHWAY BYPASS From Deputy Corporation Counsel Joseph K. Kamelamela, dated October 19, 2011. Comm. 424: STATUS REPORT ON J. DAGRES, ET AL. V. HAWAI‘I CONFERENCE FOUNDATION From Council Member Brenda J. Ford, dated October 19, 2011. Comm. 425: JACK M. EBNER V. ROBERT WOLVERTON, ET AL. CIVIL NO. 07-1-0152K From Deputy Corporation Counsel Michael J. Udovic, dated October 13, 2011. Comm. 433: CLAIM AGAINST THE COUNTY/ALLSTATE INS RE: CANAS From Deputy Corporation Counsel Kyle Chang, dated October 14, 2011. The Council anticipates convening an executive meeting regarding the above matter, 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 Rules 2 and 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 October 31, 2011. Relay users please call 711(961-8255) to contact our office. 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 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. Page 13 Hawai‘i County Council-30 November 2, 2011 Public Attendance via Videoconference is available at the locations above and at the Waimea Council Office (Holomua Center, 64-1067 Māmalahoa Highway, Suite 5), and at the Pāhoa Council Office (Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 105), 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. 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. 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: thththth Wednesdays, November 9 and 16 at 6 p.m.; Fridays, November 11 and 18 at 12 p.m.; and Sundays, thth November 13 and 20 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.) UPCOMING MEETINGS TUESDAY, NOVEMBER 15, 2011 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A COUNCIL PUBLIC 5 P.M. WEST HAWAI‘I CIVIC CENTER HEARING RE BILL 17, āl 74-5044 Ane Keohokole Highway DRAFT 2 (PLASTIC BAG Building A REDUCTION) WEDNESDAY, NOVEMBER 16, 2011 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A TUESDAY, DECEMBER 6, 2011 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, DECEMBER 7, 2011 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 14