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Home My WebLink AboutAGE COUNCIL 04/04/2012 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Vice - Chairperson 40th Session COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO fU r INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Wednesday, April 4, 2012 9:00 a.m. Pastor Bob Tominaga of Thy Word Ministries (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-40 April 4, 2012 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 July 7, 2011: Postponed – March 9 and 21, 2012 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 230-12: SUPPORTS THE ACQUISITION OF SURPLUS FEDERAL LANDS AT UPOLU POINT, NORTH KOHALA, HAWAI‘I Authorizes the Mayor to apply to the Secretary of the Interior for and to secure the transfer to the County, the subject Federal lands located in the North Kohala District, commonly known as the Loran Station at Upolu Point (referenced in Exhibits A, B, and C, which are attached to this resolution). These lands will provide continuous public vehicular access from Akoni Pule Highway to the public vehicular access easements recently acquired over Kamehameha Schools/Bishop Estates land and the Mo‘okini Heiau and Kamehameha I Birthsite. Re: Comm. 617 Intr. by: Ms. Ford (B/R) Approve: FC-209 Res. 237-12: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FIRE RESCUE EQUIPMENT FOR USE BY THE HAWAI‘I FIRE DEPARTMENT’S FIRE RESCUE AND OCEAN SAFETY DIVISIONS Donated by the Daniel Sayre Memorial Foundation, the fire rescue equipment, with a total value of $18,057.23, will be used by the Fire Rescue and Ocean Safety Divisions. Re: Comm. 645 Intr. by: Ms. Ford (B/R) Waived: FC ; and Comm. 645.1: From Finance Committee Chair Brenda J. Ford, dated March 27, 2012, requesting that the above matter be waived to the full Council for immediate action. Page 2 Hawai‘i County Council-40 April 4, 2012 Res. 238-12: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HEALTH, ALCOHOL AND DRUG ABUSE DIVISION, PURSUANT TO HRS 46-7, FOR A GRANT FOR THE COUNTY OF HAWAI‘I LIQUOR CONTROL DRUG, ALCOHOL AND TOBACCO AWARENESS (D.A.T.) PROGRAM Authorizes the Mayor to execute an agreement with the State of Hawai‘i Department of Health to enable the County to implement the production of the “If I Neva Do D.A.T.” video. The funds for this grant will be used to contract with “daBraddas” who will provide direction to student-athletes from Kea‘au High School in creating and producing the video. Re: Comm. 649 Intr. by: Ms. Ford (B/R) Waived: FC Res. 239-12: ACCEPTS THE DONATION OF THE PROPERTY CURRENTLY OCCUPIED BY BANK OF HAWAI‘I’S KOHALA BRANCH, BEING TAX MAP KEYS: (3)5-4-005-002 AND (3)5-4-005-003, SITUATED AT KAPA‘AU, DISTRICT OF NORTH KOHALA, COUNTY AND STATE OF HAWAI‘I, FROM BANK OF HAWAI‘I The Bank of Hawai‘i Corporation has agreed to convey this real property to the County of Hawai‘i in fee simple with a reservation that the existing automated teller machine and night depository remain in place and accessible for use by its customers. The Parks and Recreation Department and Office of Aging will utilize this property for community based programs. Re: Comm. 650 Intr. by: Ms. Ford (B/R) Waived: FC Res. 240-12: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF A PORTION OF THE PARCEL IDENTIFIED AS TMK: 7-6-015:023 COMPRISING LESS THAN 10,000 SQUARE FEET IN THE STND AHUPUA‘A OF HŌLUALOA 1 AND 2, NORTH KONA, HAWAI‘I KNOWN AS “BANYAN’S BEACH” PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) Authorizes the Finance Director to initiate any funding mechanisms required for the acquisition of “Banyan’s Beach” and possibly including but not limited to funds from private sources, County departments and agencies, general obligation bonds, State and Federal grants, Scenic Byways/Corridor funds, Heritage Corridor funds, and/or Office of Hawaiian Affairs funds. The Parks and Recreation Department shall maintain control of and provide for the management of this park and its facilities. Re: Comm. 653 Intr. by: Ms. Ford Waived: FC Page 3 Hawai‘i County Council-40 April 4, 2012 BILLS FOR ORDINANCES (FIRST READING) Bill 171: AMENDS CHAPTER 22 AND CHAPTER 35 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO PUBLICATION DISPENSER RACKS LOCATED WITHIN ESTABLISHED BUSINESS IMPROVEMENT DISTRICTS Provides that a Business Improvement District through its District Association be allowed to install, maintain, and manage publication dispensing devices located upon County streets and sidewalks within an established Business Improvement District. Authorizes a District Association of a Business Improvement District to levy and collect Publication Dispenser Rack permit fees and fines associated with the issuance of permits and promulgation of rules for the use of publication dispenser racks within an established Business Improvement District. Re: Comm. 536 Intr. by: Mr. Pilago Approve: FC-189 Postponed: February 15 and March 9, 2012 (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Yoshimoto, to approve Bill 171.) ; and Comm. 536.2: From Council Vice-Chair K. Angel Pilago, dated February 23, 2012, transmitting proposed amendments to Bill 171. The amendments relate to the following and are renumbered as required: Section 1 (Purpose), Section 35-60 (Definitions), Section 35-63 (Publication dispensing rack space permits), deletes Sections 35-64 (Method of allocation and reallocation of publication dispensing rack spaces) and 35-65 (Unallocated, abandoned or surrendered publication dispensing rack spaces), Section 35-64 (Installation, maintenance, and repair of publication dispensing enclosures, spaces, and inserts), Section 35-65 (Temporary dislocations), Section 35-66 (Prohibitions), Section 35-67 (Liability), deletes Section 35-70 (Authorization to issue and collect fines), Section35-68 (Rules), and Section 35-69 (Fees). (Note: There is a pending motion by Ms. Ford and duly seconded by Ms. Smart to amend Bill 171 with the contents of Communication 536.2.) Page 4 Hawai‘i County Council-40 April 4, 2012 Bill 192: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-17, OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), RELATING TO THE COUNTY REDISTRICTING COMMISSION Prohibits redistricting commissioners from becoming a candidate for the County Council for the first election cycle following the redistricting. Re: Comm. 587 Intr. by: Mr. Hoffmann Approve: GRC-13 Note: First of three required readings, a 2/3 vote of the entire membership is required to pass each reading, pursuant to Section 15-1(a), Hawai‘i County Charter Bill 200: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 25 MILE PER HOUR LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-555, Schedule 3 (25 mile per hour limit), subsection (g), by adding a new item and renumbered as required: “( ) Kahakai Boulevard, from the property line between parcels 1-5-9:09 and 1-5-9:59 and extending fifty eight feet northeast of Aama Street.” This amendment lowers the speed limit to 25 miles per hour within the school zone that is being established for the Keonepoko Elementary School. Re: Comm. 610 Intr. by: Mr. Blas Approve: PWPRC-80 Bill 201: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-257 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 35 MILE PER HOUR LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-257, Schedule 5 (35 mile per hour limit), subsection (g)(3), by revising an existing item: “(3) Kahakai Boulevard, from a point fifty eight feet northeast of Aama Street Pūnāwai Street to its northeastern terminus at the makai end.” This amendment revises the 35 mile per hour speed limit area on Kahakai Boulevard to allow for the implementation of a new 25 mph area fronting Keonepoko Elementary School. Re: Comm. 611 Intr. by: Mr. Blas Approve: PWPRC-81 Page 5 Hawai‘i County Council-40 April 4, 2012 Bill 202: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-260 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 45 MILE PER HOUR LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-260, Schedule 8 (45 mile per hour limit), subsection (g)(1) by revising an existing item: “(1) Kahakai Boulevard, Highway 130 to the property line between parcels 1-5-9:09 and 1-5-9:59 Keonepoko School.” This amendment revises the 45 miles per hour speed limit area on Kahakai Boulevard to allow for the implementation of a new 25 mph area fronting Keonepoko Elementary School. Re: Comm. 612 Intr. by: Mr. Blas Approve: PWPRC-82 Bill 203: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CROSSWALKS Amends Chapter 24, Article 10, Division 4, Section 24-276, Schedule 24 (Crosswalks), subsection (g), by adding a new item and renumbered as required: “( ) Kahakai Boulevard, two hundred forty-two feet northwest of Pūnāwai Street.” This amendment identifies the location of the new crosswalk fronting the Keonepoko Elementary School. Re: Comm. 613 Intr. by: Mr. Blas Approve: PWPRC-83 Bill 204: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-288.1, Schedule 36.1 (* Active loading and unloading zones), subsection (c), South Hilo, by adding a new item and renumbered as required: “( ) Keawe Street, west (mauka) side, from a point twenty seven feet north (Hāmākua) of Mamo Street and extending eighteen feet in the northerly (Hāmākua) direction.” This amendment addresses a request for a freight loading zone along Keawe Street to service the area businesses. Re: Comm. 614 Intr. by: Mr. Blas Approve: PWPRC-84 Page 6 Hawai‘i County Council-40 April 4, 2012 Bill 205: AMENDS CHAPTER 24, ARTICLE 11, DIVISION 2, SECTION 24-309 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PROHIBITED RIGHT TURN AREAS ON PRIVATE STREETS Amends Chapter 24, Article 11, Division 2, Section 24-309, Schedule 13 (Reserved), by adding a new section relating to prohibited right turns on private streets in Hawaiian Ocean View Estates Subdivision: “Section 24-309. Schedule 13. [Reserved.] Prohibited right turn areas. When properly sign posted, the following private streets or portions of private streets are designated as prohibited right turn areas: “(d) Ka‘ū, (1) Hawaiian Ocean View Estates Subdivision., 1. Ocean View water fill station road entering Lehua Lane., (A) Any vehicle with a gross vehicle weight rating (GVWR) of more than ten thousand pounds.” Re: Comm. 615 Intr. by: Ms. Smart Approve: PWPRC-85 Bill 206: 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 – Distracted Driving Project ($13,000); and appropriates same to Distracted Driving Project. Funds would be used for the Police Department’s Distracted Driving Project to conduct an additional 140 hours of distracted driving enforcement. Re: Comm. 616 Intr. by: Ms. Ford (B/R) Approve: FC-208 Bill 210: PLANNING DIRECTOR INITIATED: AMENDS ORDINANCE NO. 12-18 TO CORRECT THE TITLE BY CHANGING THE TAX MAP KEY FROM 2-3-035:070 TO 2-2-035:070 Amends Ordinance No. 12-18 to correct a typographical error in the tax map key description of the property within the title of this ordinance. Re: Comm. 625 Intr. by: Mr. Hoffmann Waived: PC Bill 220: 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 ($7,144); and appropriates same to Area Plan on Aging. Funds would be used by the Office of Aging to continue the implementation of the Chronic Disease Self Management Program by facilitating and implementing training of lay leaders for the Diabetes Self Management curriculum. Re: Comm. 648 Intr. by: Ms. Ford (B/R) Waived: FC Page 7 Hawai‘i County Council-40 April 4, 2012 Bill 221: 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 Partnership to Prevent Underage Drinking (HPPUD) Drug, Alcohol, and Tobacco (D.A.T.) Awareness Program ($5,000); and appropriates same to Federal Grants – HPPUD D.A.T. Awareness Program. Re: Comm. 649 Intr. by: Ms. Ford (B/R) Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 138 (Draft 3): 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 PONAHAWAI, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-5-040:019 (Applicant: Marc and Desiree Butz; Area: 4.747 Acres) From Mayor William P. Kenoi, dated October 20, 2011, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern. The applicants request a Change of Zone from Agricultural-3 acres (A-3a) to Family Agricultural-1 acre (FA-1a) in order to subdivide the property into two parcels consisting of a 1-acre lot and a 3.747-acre lot. Re: Comm. 451.7 Intr. by: Mr. Ikeda First Reading: March 21, 2012 Bill 184: 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 24-275.1, Schedule 23.1 (Public road taxi stand locations), subsection (f), Kona, by revising an existing item: “(1) Ka‘ahumanu Place, [beginning from a point twenty-two feet north of the entrance to Kailua Pier, extending north for a distance of thirty-two feet. Two parallel parking stalls will be established in this location] at its western terminus, in the four signed and marked stalls, from 6:00 a.m. to 6:00 p.m.” This amendment increases the number of parking stalls along Ka‘ahumanu Place. Re: Comm. 577 Intr. by: Mr. Blas First Reading: March 21, 2012 Page 8 Hawai‘i County Council-40 April 4, 2012 Bill 185: 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 (f), Kona, by deleting paragraph 25 and renumbered as required: “[(25) Access road to the Kailua Bay Wharf at the northern terminus of Ali‘i Drive, also known as Ka‘ahumanu Place.]” This amendment converts this part of Ka‘ahumanu Place to a non stopping, standing, or parking zone. Re: Comm. 578 Intr. by: Mr. Blas First Reading: March 21, 2012 Bill 186: 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 24-281, Schedule 29 (Parking prohibited during certain hours on certain streets; tow-away zone), subsection (f), Kona, by adding a new item and renumbered as required: “( ) Ka‘ahumanu Place, south side, one hundred twenty feet west of Ali‘i Drive and extending fifty six feet in the easterly direction, from 6:00 a.m. to 6:00 p.m. everyday.” This amendment provides a tow-away zone within an existing passenger zone area to discourage motorists from misusing the loading zone. Re: Comm. 579 Intr. by: Mr. Blas First Reading: March 21, 2012 Bill 187: 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 24-286, Schedule 34 (No stopping, standing or parking areas), subsection (f), Kona, by adding a new item and renumbered as required: “( ) Ka‘ahumanu Place, north side, except for signed and marked ADA accessible parking stalls and loading zone.” This amendment discourages motorists from stopping, standing, or parking in the subject area and blocking through traffic. Re: Comm. 580 Intr. by: Mr. Blas First Reading: March 21, 2012 Page 9 Hawai‘i County Council-40 April 4, 2012 Bill 188: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-287, Schedule 35 (Passenger loading zones), subsection (f), Kona, by adding two new items and renumbered as required: “( ) Ka‘ahumanu Place, north side, first marked diagonal stall, one hundred twenty-two feet west of Ali‘i Drive, from 6:00 a.m. to 6:00 p.m.” and “( ) Ka‘ahumanu Place, south side, one hundred twenty feet west of Ali‘i Drive and extending fifty six feet in the easterly direction, from 6:00 a.m. to 6:00 p.m. everyday.” These amendments shortens the times the loading zones are in effect to allow the zones to be used as parking outside of the specified time. Re: Comm. 581 Intr. by: Mr. Blas First Reading: March 21, 2012 Bill 189: AMENDS CHAPTER 24, ARTICLE 8, DIVISION 1, SECTION 24-197 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING, STANDING, AND STOPPING Amends Chapter 24, Article 8, Division 1, Section 24-197 (Parking prohibited during certain hours), subsection (a), by revising paragraph (a): “(a) When official signs are erected giving notice thereof, no person shall stop, stand or park a vehicle any longer than is reasonably necessary to take on or discharge passengers or freight, upon any of the streets or portions thereof within the County, between the hours, indicated on such signs, of any day, except Sundays and public holidays or as otherwise listed in Schedule 29, Section 24-281.” This amendment allows more flexibility when parking is prohibited during certain hours. Re: Comm. 582 Intr. by: Mr. Blas First Reading: March 21, 2012 Page 10 Hawai‘i County Council-40 April 4, 2012 Bill 190: AMENDS CHAPTER 24, ARTICLE 8, DIVISION 1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING REGULATIONS Amends Chapter 24, Article 8, Division 1, Section 24-202.1 (Parking prohibited in tow or tow-away zones), paragraph (a), by revising paragraph (a): “(a) When official signs are erected designating a street or portion thereof as a tow or tow-away zone, no person shall stop, stand or park a vehicle, even momentarily, between the hours indicated on such sign; provided, however, that stops may be made for the expeditious loading or unloading of freight and passengers in official loading and unloading zones; and provided, further, that buses may stop for the expeditious loading and unloading of passengers in official bus stops. In no case shall the stop for the loading or unloading of freight [exceed thirty minutes and for the loading and unloading of] and passengers exceed [three minutes] the time as established by the pertinent zones. Provided, however, that when requested for noncommercial or nonbusiness purposes only, the County council may by resolution suspend for a period of not more than one week any parking prohibition herein provided.” This amendment allows for expeditious loading and unloading of passengers in designated loading and unloading zones intended for in tow or tow-away zones. Re: Comm. 583 Intr. by: Mr. Blas First Reading: March 21, 2012 Bill 191: AMENDS CHAPTER 24, ARTICLE 8, DIVISION 3, SECTION 24-212 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING, STANDING, AND STOPPING Amends Chapter 24, Article 8, Division 3, Section 24-212 (Parking in bus stops and road taxi stands prohibited), subsections (c) and (d), by adding new paragraphs (c) and (f) and renumbered as required: “(c) When the provisions of this section are not in effect, vehicles may park in bus stops unless otherwise prohibited by this chapter.” and “(f) When the provisions of this section are not in effect, vehicles may park in road taxi stands unless otherwise prohibited by this chapter.” These amendments provides more parking in heavily used areas such as Ali‘i Drive and Downtown Hilo by allowing parking within bus stops and road taxi stands when bus stops and road taxi stands are not in effect. Re: Comm. 584 Intr. by: Mr. Blas First Reading: March 21, 2012 Bill 193: 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(a), Schedule 13 (Yield locations), paragraph (a), Hāmākua, by revising an existing item: “(11) Kalōpā Road, [east]westbound approach to Bridge adjacent to parcels 4-4-2:5, 4-4-2:6, 4-4-9:3, and 4-4-9:8.” This amendment reverses the yield direction to provide improved sight distance and added safety for crossing the bridge. Re: Comm. 590 Intr. by: Mr. Blas First Reading: March 21, 2012 Page 11 Hawai‘i County Council-40 April 4, 2012 Bill 194: 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 (CDSMP). Re: Comm. 598 Intr. by: Ms. Ford (B/R) First Reading: March 21, 2012 Bill 196: AMENDS CHAPTER 14, ARTICLE 1, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ALCOHOLIC BEVERAGES Amends Section 14-6, Penalty, by deleting the fine of $500 and adds the following language: “A violation of this article shall constitute a petty misdemeanor. Any person violating any provision of this article shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be punishable by a term of imprisonment of not more than thirty days, a fine not to exceed $1000, or both.” Re: Comm. 602 Intr. by: Mr. Ikeda First Reading: March 21, 2012 Bill 207: 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 Grant: Strategic Prevention Framework (SPF) – State Incentive Grant Phase II ($500); and appropriates same to SPF – State Incentive Grant Phase II. Funds would be used to conduct one or more Town Hall meeting(s) on underage drinking prevention during the month of March and/or April 2012. Re: Comm. 619 Intr. by: Ms. Ford (B/R) First Reading: March 21, 2012 REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 656: REQUEST FOR EXECUTIVE MEETING TO DISCUSS SETTLEMENT OFFER MADE ON BEHALF OF PATRICIA NAKAMOTO, GLEN SHIKUMA, AND SHYLA AYAU RELATING TO CLAIMS AND GRIEVANCES FILED AGAINST THE COUNTY From Deputy Corporation Counsel Laureen L. Martin, dated March 28, 2012. 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. Page 12 Hawai‘i County Council-40 April 4, 2012 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 places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by April 2, 2012. 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  Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A 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 304), 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://www.hawaiicounty.gov/lb-council-meeting. 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: ththththth Wednesdays, April 18 and 25 at 6 p.m.; Fridays, April 13 and 20 at 12 p.m.; and Sundays, April 15 nd and 22 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 – TO BE ANNOUNCED Page 13