HomeMy WebLinkAboutAGE COUNCIL 11/18/2009 2008-2010 ACTIONS
J YOSHIMOTO OJN<V OF M1~, GUY ENRIQUES
Chair & Presiding Officer BRENDA FORD
KELLY GREENWELL
EMILY L NAEOLE PETE HOFFMANN
Vice Chair DONALD IKEDA
,TE OF'NF'~
DENNIS "FRESH" ONISHI
DOMINIC YAGONG
COUNTY COUNCIL
County of Hawai `i
Hawai `i County Building
25 Aupuni Street
Hilo, Hawai `i 96720
27th Session
ORDER OF BUSINESS
Hawaii County Council
333 Kilauea Avenue
(Ben Franklin Building)
Second Floor, Council Room
Hilo, Hawaii
Wednesday, November 18, 2009
9:00 a.m.
INVOCATION Reverend Larry Walter of First United Protestant Church
CALL TO ORDER 9:00 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.
Hawaii County Council-27 Page 2 November 18, 2009
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF RESOLUTIONS
(NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.)
COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 216-09: Authorizes the Sale of Certain Former Hamakua Sugar Company, Inc., Lands Now
Under County Ownership. {Resolves that the Council, through its authority under
Sections 2-112 and 2-113 of the Hawaii County Code, that it approves of and
directs the Finance Director or authorized representative to proceed with the sale by
auction or sale by sealed bid, of so much as may be necessary of the former
Hamakua Sugar Company, Inc., lands now under County ownership (delineated in
"Exhibit A").)
Re: Comm. 452
Intr. by: Mr. Yoshimoto
Approve: FC-105
Postponed: November 4, 2009
(Note: There is a pending motion by Mr. Enriques and duly seconded by
Mr. Onishi to approve Resolution 216-09; and a pending motion by
Mr. Yagong and duly seconded by Ms. Ford to amend Resolution 216-09 with
Communication 452.15.)
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Grccimcll_ Ikcda_ Nacolc_ Ouishi_ and
Chair Yoshimoto - 6.
NOES: Council Mcmbcrs For_ Hoffmann- and Yagong -
ABSENT: Nonc.
EXCUSED: Nonc.
;and
Comm. 452.15: From Council Member Dominic Yagong, dated November 3, 2009, transmitting
proposed amendments to Resolution 216-09.
Hawaii County Council-27 Page 3 November 18, 2009
Res. 237-09 Urges Hawaii State and Federal Legislators to Amend Vaccine Laws to Include the
(Draft 3): Right of Medical, Religious, and Philosophical Exemption from Mandated
Vaccination Programs. {Recommends that State and Federal officials amend
vaccine laws to include medical and religious exemptions from mandatory vaccine
programs, as well as any vaccine known to contain harmful viruses or materials
known to prompt autoimmune diseases or cancer risks shall provide cause for
exemption for any person who desires such exemption.)
Re: Comm. 525.11
Intr. by: Ms. Naeole
Approve: HSEDC-3
Held Over Pursuant
to Council Rule 25(e): October 21, 2009
AMENDED TO DRAFT 4 AND HELD OVER PURSUANT TO COUNCIL
RULE 25(c)
(Note: There is a pending motion by Ms. Naeole and duly seconded by
Mr. Yagong to approve Resolution 237-09, Draft 2, as amended (Draft 3).)
;and
Comm. 525.19: From Council Vice Chair Emily I. Naeole, dated November 4, 2009, transmitting
proposed amendments to Resolution 237-09, Draft 3.
Res. 258-09: A Resolution to Restore Kailua Village. {Requests that the Council facilitate
meetings with Kailua Village groups and other interested stakeholders to revitalize
and restore the essence and stature of the Village.)
Re: Comm. 581
Intr. by: Mr. Greenwell
Approve: PC-50
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Ikeda-
Nacolc_ Onislii_ Yagong_ and Chair Yos}himoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-27 Page 4 November 18, 2009
Res. 260-09: Accepts the Dedication of Road Lots "A" (approx. 0.13 mile) (Kumakua Street),
"B" (approx. 0.04 mile) and "D" (approx. 0.03 mile) (P6maika`i Street), and "C"
(approx. 0.03 mile) (Pupukahi Street), of Kumakua Affordable Housing
Subdivision, Phase 1, Being Tax Map Key: (3) 5-5-019:026, Situate at Pahoa,
District of North Kohala, County and State of Hawaii, from Hawaii Island
Community Development Corporation. {Dedication of road lots are for road and
drainage purposes.)
Re: Comm. 583
Intr. by: Mr. Enriques
Approve: PWIRC-55
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Ikeda-
Nacolc_ Onislii_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 261-09: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawaii Department of Business, Economic Development, and Tourism, Pursuant
to HRS 46-7, to Develop a Master Plan for the North Kohala Agricultural
Processing Facility. {Funds would be used to hire a contractor to develop the
master plan. This facility will serve the community by enabling farmers to process
taro into poi and their vegetables into value added products, serve as a distribution
center with refrigerated storage facilities, and a place to hold meetings and classes.)
Re: Comm. 588
Intr. by: Mr. Onishi
Approve: FC-106
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikcda_
Nacolc_ Onishi_ Yagoug_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-27 Page 5 November 18, 2009
Res. 262-09: Authorizes the Office of the Mayor to Enter Into an Agreement with the United
States of America, Pursuant to HRS 46-7, for the Energy Efficiency and
Conservation Grant Project. {Funds would be used to implement four energy
efficiency activities for the County, which will include Street Light Retrofit to
Energy Efficient LED Lamps, Residential Green Retrofit and Energy Efficiency
Training Program, Government Operations Energy Sustainability Management
System, and Financing Package for Energy Efficiency and Renewable Energy
Projects.)
Re: Comm. 589
Intr. by: Mr. Onishi
Approve: FC-108
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann_ Il:cda_
Nacolc_ Onishi_ Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 263-09: Authorizes the Acceptance of the Monetary Contribution from the Fireman's Fund
Insurance Company for the Hawaii Fire Department. {Funds would be used to
purchase equipment to connect additional fire stations to the existing video
teleconferencing system, upgraded portable fire extinguisher training equipment, a
public address system, and building materials for training props.)
Re: Comm. 591
Intr. by: Mr. Onishi
Approve: FC-111
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ 11,cda_ Nacolc_
Onishi_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Hoffmann - 1.
EXCUSED: Nonc.
Res. 264-09: Authorizes the Acceptance of a Monetary Donation of $5,000 to the Department of
Parks and Recreation. {Donated by Target Corporation, funds could be used to
support activities/proj ects at the Kekuaokalani Gym-Park Complex.)
Re: Comm. 592
Intr. by: Mr. Onishi
Approve: FC-113
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll, Ikeda- Nacolc_
Onishi_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Hoffmann - 1.
EXCUSED: Nonc.
Hawaii County Council-27 Page 6 November 18, 2009
Res. 265-09 Urges the Protection of Hawaii County's Home-Rule Authority in All Matters
(Draft 2): Relating to Agricultural Policy. {Urges that all efforts betaken to maintain the
County's home-rule authority involving agricultural policy, including those relating
to genetically-modified organisms.)
Re: Comm. 593.3
Intr. by: Mr. Hoffmann
Approve: PWIRC-56
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Ikcda_ Nacolc_
Onishi_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Hoffmann - 1.
EXCUSED: Nonc.
Res. 266-09: Authorizes the Director of Finance to Dispose of Real Properties, Tax Map
Keys: (3)5-4-002-008 (Tank Site) and (3)5-4-003-016 (Chlorinator Site), to the
Water Board of the County of Hawaii. {The Water Board owns the reservoir
adjacent to the tank site and desires to expand its existing reservoir site and other
water system facilities at this location (and plans to consolidate the tank site with its
newly acquired reservoir site).)
Re: Comm. 594
Intr. by: Mr. Onishi
Approve: FC-114
ADOPTED:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Ikcda_
Nacolc_ Onishi, Yagong, and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
Res. 267-09: Amends the Rules of Procedure and Organization of the Council of the County of
Hawaii. {Amends Rule No. 2, Section 1, relating to regular meetings, by adhering
to the Charter mandated number of meetings to be held in West Hawaii, which
states that the County Council shall meet at least quarterly in the judicial district of
North Kona or South Kona (Article III, Section 3-7).}
Re: Comm. 597
Intr. bv: Mr. Ikeda
POSTPONED AT CALL OF THE CHAIR:
AYES: Council Mcmbcrs Enriqucs_ Grccnwcll_ Hoffmann_ Ikcda_ Nacolc_
Onishi_ and Chair Yoshimoto - 7.
NOES: Council Mcmbcrs Ford and Yagong - 2.
ABSENT: Nonc.
EXCUSED: Nonc.
Hawaii County Council-27 Page 7 November 18, 2009
Res. 276-09: Authorizes the Mayor to Enter Into a Multi-Year Agreement (ten years) with the
Property Owner of the Project Selected for the Section 8 Project-Based Voucher
Program. {The purpose of Section 8 Project-Based Voucher Program is to
encourage property owners to make available rental housing unit(s) to low-income
families that aren't within the current housing fair market rents.)
Re: Comm. 623
Intr. by: Mr. Hoffmann
Approve: CHA - November 3, 2009
ADOPTED:
AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccim cll_ Hoff iiaun_ Ikcda_
Nacolc_ Onishi, Yagong_ and Chair l'oshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
1:00 P.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
BILLS FOR ORDINANCES (FIRST READING)
Bill 132 Amends Chapter 2, Article 19, Hawaii County Code 1983 (2005 Edition, as
(Draft 3): Amended) Relating to Council Approval for Certain County Land Transactions.
{Amends Sections 2-112 through 2-114 to require approval by the Council through
a resolution as submitted by the director of finance for land transactions for real
property that is ten acres or larger, or appraised in value at or in excess of $500,000.
The resolution shall include the final bid price, intended use of the property, and the
name or names of the prospective buyer. This does not apply to real property
obtained by the County through foreclosure due to non-payment of real property
taxes.}
Re: Comm. 488.41
Intr. by: Mr. Yagong
Negative: FC-93 (due to a vote of
4-ayes, 3-noes, and
2-absent)
Postponed (Pending a Public Hearing
to be Held at Call of the Chair): October 21, 2009
Public Hearing: November 2, 2009
Postponed: November 4, 2009
FILED DUE TO THE FOLLOWING VOTE:
AYES: Council Mcmbcrs Ford_ G-ccimcll_ Hoffmann_ and l'agong- 4.
NOES: Council Mcmbcrs Enriqucs_ Ikeda- Nacolc_ Onislii_ and
Chair Y'oshimoto -
ABSENT: Nonc.
EXCUSED: Nonc.
(Note: There is a pending motion by Mr. Yagong and duly seconded by
Ms. Ford to approve Bill 132, Draft 3)
;and
Hawaii County Council-27 Page 8 November 18, 2009
Comm. 488.64: From Council Member Dominic Yagong, dated November 4, 2009, transmitting
proposed amendments to Bill 132, Draft 3.
Bill 161 Amends Ordinance No. 08-106, as Amended by Ordinance Nos. 09-92 and 09-92A,
(Draft 2): Pertaining to the Issuance of General Obligation Bonds for the Purpose of Financing
Various Public Improvements Described Therein. {Amends the Exhibit to adjust
funding for various projects based on actual needs that differ from the original
estimates in the bond ordinance and subsequent amendment, and restores $1 million
for the Lako Street project. There is no change to the total amount of the bond
authorization ($114,588,700).}
Re: Comm. 571.2
Intr. by: Mr. Onishi
Approve: FC-115
2/3 Vote: Section 47-5, Hawaii Revised Statutes
PASSED 1 READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, 11,cda_
Nacolc- Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
Bill 164: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants - North Kohala Agricultural Processing Facility Grant ($20,000);
appropriates same to North Kohala Agricultural Processing Facility Grant.)
Re: Comm. 588
Intr. by: Mr. Onishi
Approve: FC-107
PASSED 1~"' READING:
A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- Ikccla_
Nacolc_ Yagong_ and Cliair Y'osliimoto - 8.
NOES: Nonc.
ABSENT: Council Mcnibcr Ornis}hi - 1.
EXCUSED: Nonc.
Hawaii County Council-27 Page 9 November 18, 2009
Bill 165: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants - Energy Efficiency and Conservation Grant ($737,800);
appropriates same to Energy Efficiency and Conservation Grant.)
Re: Comm. 589
Intr. by: Mr. Onishi
Approve: FC-109
PASSED 1~" READING:
A)'ES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann- lkccla_
Nacolc- Yagong_ and Cliair Y'osliimoto - 8.
NOES: Nonc.
ABSENT: Council Mcmbcr Onishi - 1.
EXCUSED: Nonc.
Bill 166: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants - Federal Emergency Management Agency (FEMA) Digital Flood
Insurance Rate Maps (DFIRM) Grant ($71,300); appropriates same to FEMA
DFIRM Grant. Funds would be used towards the purchase of equipment and would
reimburse the County Data Systems Department's Graphic Information System
Division for preparing the revised DFIRMs. }
Re: Comm. 590
Intr. by: Mr. Onishi
Approve: FC-110
PASSED 1'' READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, Il:cda_
Nacolc_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
Bill 167: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Contribution from Private Source ($6,792); appropriates same to Fireman's Fund
Grant.)
Re: Comm. 591
Intr. by: Mr. Onishi
Approve: FC-112
PASSED 1 READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll. Hoffmann, 11,cda_
Nacolc_ )'agong_ and Chair Yoshimoto - S.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
Hawaii County Council-27 Page 10 November 18, 2009
Bill 168: Amends Chapter 18, Article 4, Subsection 18-90(h), of the Hawaii County Code
1983 (2005 Edition, as Amended), Relating to Public Transportation. {Requests an
extension of the island-wide k6kua zone for an additional year, through
December 31, 2010.}
Re: Comm. 595
Intr. by: Mr. Enriques
Approve: PWIRC-57
PASSED l~' READING:
AYES: Council Mcmbcrs Euriqucs_ Ford_ Grccim cll_ Hoff iiaun_ Ikeda_
Nacolc_ Onishi, Yagong_ and Chair Yoshimoto - 9.
NOES: Nonc.
ABSENT: Nonc.
EXCUSED: Nonc.
3:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 155: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural - 3 Acres (A-3a) to Family Agricultural - 1 Acre
(FA-la) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-4-031:008
(approx. 5.50 acres). {Edward Nagata, Applicant.}
Re: Comm. 556
Intr. by: Mr. Ikeda
1St Reading: November 4, 2009
PASSED 2'''A_ FINAL READING:
AYES: Council Mcmbcrs Enriques_ Ford_ Grccimcll, Il:cda_ Nacolc_
Yagong_ and Chair Yoshimoto - 7.
NOES: Council Mcmbcr Hoffmann - 1.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: Nonc.
Hawaii County Council-27 Page 11 November 18, 2009
Bill 156: Planning Director Initiated: Amends the County of Hawaii General Plan as
Adopted by Ordinance No. 05-25 and Amended by Ordinance No. 06-153 by
Amending Map 11 of the Land Use Pattern Allocation Guide Map by Changing the
Land Use Designation from Urban Expansion to Open at Kealakehe, North Kona,
Hawaii. {Designates the area affecting State-owned lands in the vicinity of and
south of Honok6hau Harbor located at Kealakehe from "Urban Expansion" to
"Open."}
Re: Comm. 557
Intr. by: Mr. Ikeda
1st Reading: November 4, 2009
PASSED 2"" c FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_
Nacolc_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EICLSED: Nonc.
Bill 157: Amends Chapter 14, Article 12, Section 14-71 and Section 14-72 of the Hawaii
County Code 1983 (2005 Edition, as Amended), Relating to the Official Bulletin
Board. {Reinstates the original location of the County's official bulletin board to
25 Aupum Street, Hilo, to be effective on December 1, 2009.}
Re: Comm. 561
Intr. by: Mr. Enriques
1st Reading: November 4, 2009
PASSED 2"" c FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grccimcll_ Hoffmann, Il:cda_
Nacolc_ Yagong_ and Chair Yoshimoto - 8.
NOES: Nonc.
ABSENT: Council Nlcmbcr Onishi - 1.
EICLSED: Nonc.
Hawaii County Council-27 Page 12 November 18, 2009
Bill 158: Amends Ordinance No. 09-65, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010. {Adds
PUBLIC WORKS: Kaumana Drive Flood Protection Project ($191,000); funds
shall be provided from Federal Grants Receivable ($191,000). Funds would be used
towards the preparation of construction plans and specifications to provide flood
protection to homes along Kaumana Drive between Chong Street and one-half mile
above Wilder Road.)
Re: Comm. 563
Intr. by: Mr. Onishi
1St Reading: November 4, 2009
2/3 Vote: Section 10-6(d), Hawai`i County Charter
PASSED 2`' c FINAL READING:
AYES: Council Members Enriqucs_ Ford_ Grnn"dl_ Hoffmann_ Hwda_
Nacolc_ Yagong_ and Chair Yoshimoto -8.
NOES: None.
ABSENT: Council Mcmbcr Onishi - 1.
EXCUSED: None.
Bill 159: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants - Job Access and Reverse Commute ($312,716); appropriates same
to Job Access and Reverse Commute Grant.)
Re: Comm. 564
Intr. by: Mr. Onishi
1St Reading: November 4, 2009
PASSED 2`' c FINAL READING:
AYES: Council Members Enriqucs_ Ford_ Grnn"dl_ Hoffmann_ Ihcda_
Nacolc_ Yagong_ and Chair Yoshimoto -8.
NOES: None.
ABSENT: Council Nlcmbcr Onishi - 1.
EXCUSED: None.
Hawaii County Council-27 Page 13 November 18, 2009
Bill 160 Authorizes the Issuance of General Obligation Bonds of the County of Hawaii for the
(Draft 2): Purpose of Funding All or a Portion of the Costs of Various Improvement Projects for
the Department of Water Supply; Fixes the Form, Denominations, and Certain Other
Details of Such Bonds and Provides for Their Sale to the Public; and Authorizes the
Taking of Other Actions Relating to the Issuance and Sale of the Bonds. {Authorizes
the issuance of $31,000,000 in general obligation bonds for the Department of Water
Supply (DWS). The DWS will reimburse the General Fund for the related debt service
on the bonds and the cost of issuance.)
Re: Comm. 570.3
Intr. by: Mr. Onishi
1St Reading: November 4, 2009
PASSED 2`" c FINAL READING:
AYES: Council Mcmbcrs Enriqucs_ Ford_ Grceimell_ Hoffmann- Il:cda_
Nacolc, Yagong_ and Chair Yoshimoto -8.
NOES: Nonc.
ABSENT: Council Mcmbcr Onishi - 1.
EXCUSED: Nonc.
REPORTS
REFERRALS FOR EXECUTIVE SESSION
Comm. 568: WEST HAWAII TODAY V. COUNTY COUNCIL, ET. AL. CIVIL
NO. 09-1-279K; BRENDA FORD V. COUNTY COUNCIL, ET. AL. CIVIL
NO. 09-1-415K
From Corporation Counsel Lincoln S. T. Ashida, dated October 7, 2009.
Postponed: October 21, 2009
Deferred: November 4. 2009
CONCLIRRED WITH THE RECONIMENDATION OF CORP. COUNSEL:
AYES: Council Mcmbcrs Enriqucs_ Grccimcll_ 11vcda, Nacolc, Yagong, and
Chair Yoshimoto - 6.
NOES: Nonc.
ABSENT: Council Mcmbcrs Hoffmann and Onishi - 2.
EXCUSED: Nonc.
REC'USED: Council Mcmbcr Ford - 1.
(Note: The Council voted to approve the recommendation of Corporation
Counsel regarding West Hawaii Today v. County Council, et. al. Civil
No. 09-1-279K; therefore, the matter will not be discussed in Executive Session
and no further action will be taken at this meeting.
The Council deferred action on Brenda Ford v. County Council, et. al. Civil
No. 09-1-415K; therefore, discussion will be taking place in Executive Session.)
Hawaii County Council-27 Page 14 November 18, 2009
Comm. 601: DISCUSSION AND AUTHORIZATION FOR EXTENSION OF SPECIAL
COUNSEL CONTRACT FOR WORKER'S COMPENSATION CASES
From Corporation Counsel Lincoln S. T. Ashida_ dated October 29. 2009.
CONCURRED \VITH THE RECOMMENDATION OF CORP. COUNSEL:
AYES: Council Nlcmbcrs Enriqucs_ Ford_ Grccimcll_ Ikcda_ Nacolc_
Yagong_ and Chair Yosliimoto - 7.
NOES: Nonc.
ABSENT: Council Mcmbcrs Hoffi»arnn and Ornishi - 2.
EXCUSED: Nonc.
The Council anticipates convening an executive meeting regarding the above matter, pursuant to Sections 92-4
and 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, including but not limited to the hiring of special
counsel. 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 6:24 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 November 16, 2009. Relay users please call 711(961-8255) to contact our
office.
Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at
http://co.hawaii.hi.us/council/agendas_and_actions.htm. For further information, please call 961-8255.
Public Attendance Via Videoconference is available at the following locations until 4:30 p.m., or later in the event
public witness testimony has not been completed:
• Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and
• Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5.
If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the
scheduled meeting will continue.
Hawaii County Council-27 Page 15 November 18, 2009
Submitting Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for
distribution. Testimony may also be submitted before 12:00 noon on the business day prior to the meeting:
(1) by mail to the County Clerk's Office in Hilo at 25 Aupum Street, Hilo, Hawaii, 96720; (2) by facsimile to
(808) 961-8912; or (3) by e-mail to counciltestimon va,co.hawaii.hi.us. Please submit separate testimony for
each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesday's, November 25 and December 2, 2009, at 6 p.m.; Friday's, November 27 and December 4, 2009, at
12 p.m.; and Sunday's, November 29 and December 6, 2009, at 9 a.m. These airtimes are subject to preemption
by broadcasts from the State Legislature.
UPCOMING MEETINGS
WEDNESDAY, DECEMBER 2, 2009
COUNCIL 9:00 A.M. COUNCIL ROOM - HILO
25 Aupum Street
TUESDAY, DECEMBER 15, 2009
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, DECEMBER 16, 2009
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA