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HomeMy WebLinkAboutAGE COUNCIL 03/03/2010 2008-2010 ACTIONSJ YOSHIMOTO Chan. & Preszchng Officer EMILY I. NAEOLE - BEASON Tice Chazr 34 Session INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES COUNTY COUNCIL County of Hanrai '1 Hanrai '1 County Building 25 Aupuni Street Hilo, Hanrai '1 96720 ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Wednesday, March 3, 2010 9:00 a.m. Reverend Richard Ragle of Hilo Church of the Nazarene 9:03 a.m. (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. GUY ENRIQUES BRENDA FORD KELLY GREENWELL PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI DOMINIC YAGONG Hawai`i County Council -34 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF RESOLUTIONS COMMUNICATIONS Comm. 628.5: Comm. 628.4: Comm. 710: Page 2 March 3, 2010 REPORT OF THE AD HOC COMMITTEE RELATING TO THE 2010 -2011 BUDGET From Council Member Dennis ``Fresh" Onishi, dated February 17, 2010, requesting an hour to present their report to the Council; and POSTPONED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. From Ad Hoc Committee Chair Dennis ``Fresh" Onishi, dated January 8, 2010, stating that the Committee will be meeting with various County departments and will need more time to submit their report. OPERATING BUDGET AND CAPITAL BUDGET PUBLIC HEARING From Council Member Dennis ``Fresh" Onishi, dated February 10, 2010, stating that in complying with the Hawai`i County Charter, Section 10 -4, requests a public hearing and discloses that it will be held on May 22, 2010, at 5 p.m. in the Council Room (with videoconferencing at the Kona and Waimea Council offices). PUBLIC HEARING TO BE HELD ON MARCH 22, 2010, AT 5 P.M. IN THE COUNCIL ROOM: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda, Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai`i County Council -34 ORDER OF RESOLUTIONS Res. 298 -10 (Draft 2): Res. 299 -10: Res. 300 -10: Requests the Legislature of the State of Hawai`i to Amend Hawai`i Revised Statutes Chapter 132D, Section 17, (Inconsistent County Ordinances, Rules), to Allow Each County to Temporarily Restrict the Use of Fireworks In the Event of a Public Health, Safety, and/or Welfare Situation. ADOPTED: AYES: NOES: ABSENT: EXCUSED: ADOPTED: AYES: NOES: ABSENT: EXCUSED: ADOPTED: AYES: NOES: ABSENT: EXCUSED: Re: Intr. bv: Approve: Council Members Enriques, Ford, Greenwell, Hoffmann, Naeole - Beason, and Chair Yoshimoto — 6. Council Members Ikeda, Onishi, and Yagong — 3. None. None. Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One Fiscal Year (5 Years) for a Multi -Year Lease for a Copier for the Office of the Prosecuting Attorney. {The current copier is becoming obsolete and requires frequent service calls. The estimated annual cost to lease a copier would be $6,000.) Re: Intr. bv: Approve: Re: Intr. bv: Approve: Page 3 March 3, 2010 Comm. 693.2 Ms. Ford PSPRC -23 Comm. 697 Mr. Onishi FC -142 Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8 None. Council Member Hoffmann — 1. None. 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 the Next Generation Juvenile Justice Information System Data Broker Project. {Selected as a pilot site to implement a computer system interface between the Police Department's Records Management System and the Prosecuting Attorney's Hawai`i Island Tracking System, funds would be used to implement the Next Generation Juvenile Justice Information System Data Broker Project, which serves as a data repository for juvenile offender information for the State.) Comm. 698 Mr. Onishi FC -143 Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. None. None. None. Hawai`i County Council -34 Res. 301 -10: Res. 302 -10: Page 4 March 3, 2010 Transfers /Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers /appropriates $10,000 out and from Area Plan on Aging Other Current Expenses Account; credits same to Project Lifesaver - Federal Account. Project Lifesaver is a national program that allows older individuals affected by dementia and at -risk for wandering, to remain in their homes rather than being institutionalized. Funds would be used to purchase a global positioning system that tracks an individual wearing a band.) Re: Comm. 701 Intr. by: Mr. Onishi Approve: FC -147 ADOPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Transfers /Appropriates an Appropriation Out and From the Designated Fund Account(s) and Credits Same to a Designated Fund Account(s). {Transfers /appropriates $10,000 out and from Area Plan on Aging Other Current Expenses Account; credits same to Elder Abuse Awareness Training — Federal Account. Funds would be used towards training for law enforcement, government workers, and community members, with the intent of promoting an understanding of the dynamics associated with elder abuse.) Re: Comm. 702 Intr. by: Mr. Onishi Approve: FC -148 ADOPTED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai`i County Council -34 Res. 307 -10: Page 5 March 3, 2010 Authorizes the Director of Finance to Enter Into Negotiations for the Acquisition of the Lucile P. Kingman Trust Parcels (TMKS:7 -7- 008:20 (approx. 1.3016 acres), 31 (approx. 0.1722 acres), and 100 (approx. 4.7100 acres) in the Ahupua`a of Pahoehoe 2nd and Pahoehoe 3 North Kona, Pursuant to Chapter 2, Article 42, Hawai`i County Code 1983 (2005 Edition, as Amended). {Authorizes the acquisition of the Kingman Trust parcels via the Public Access, Open Space and Natural Resources Preservation Fund; invites individuals to form a new nonprofit solely dedicated to the management of the Kingman properties; and requests that the Parks and Recreation Department select a community -based nonprofit organization containing diverse community membership to manage this public resource.) Re: Comm. 718 Intr. by: Ms. Ford Waived: FC REFERRED TO FINANCE COMMITTEE: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. NOES: None. ABSENT: Council Member Ikeda — 1. EXCUSED: None. 11:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING) (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) BILLS FOR ORDINANCES (FIRST READING) Bill 203: Amends Section 25-8 -9 (Hawi- Kapa`au 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 — 15,000 Square Feet (RS -15) to Village Commercial — 10,000 Square Feet (CV -10) at Ka`auhuhu, North Kohala, Hawai`i, Covered by Tax Map Key: -5- 010:02 (approx. 1.160 acres). {Steven and Loretta Milner, Applicants.) Re: Comm. 688 Intr. by: Mr. Ikeda Approve: PC -68 PASSED 1 READING: AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. NOES: Council Member Hoffmann — 1. ABSENT: None. EXCUSED: None. Hawai`i County Council -34 Bill 205: Bill 206: Bill 207: Page 6 March 3, 2010 Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in Federal Grants — Next Generation Juvenile Justice Information System (NG JJIS) Data Broker Project ($2,000); appropriates same to NG JJIS Data Broker Grant Project.) Re: Comm. 698 Intr. bv: Mr. Onishi Approve: FC -144 PASSED 1 READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. {Increases revenues in Housing Voucher Program ($2,741,000); appropriates same to Voucher Rental Subsidies. Funds would be used towards payment of rental assistance for eligible participants of the Housing Choice Voucher (Section 8) Program.) Re: Comm. 699 Intr. bv: Mr. Onishi Approve: FC -145 PASSED 1 READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. {Increases revenues in Federal Grants — Volunteer Fire Assistance ($47,364); appropriates same to Volunteer Fire Assistance — Federal. Funds would be used to purchase safety equipment for all fire stations.) Re: Comm. 700 Intr. bv: Mr. Onishi Approve: FC -146 PASSED 1 READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai`i County Council -34 Bill 208: Bill 210: Comm. 709.1: Comm. 709.2: Page 7 March 3, 2010 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 — 10,000 Square Feet (RS -10) to Neighborhood Commercial — 20,000 Square Feet (CN -20) at Waiakea, South Hilo District, Hawai`i, Covered by Tax Map Key:2- 2- 02:022 (approx. 40,764 square feet). { Concept Construction, Inc., Applicant.) Re: Comm. 703 Intr. by: Mr. Ikeda (B /R) Approve: PC -69 PASSED 1 READING: AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. NOES: Council Member Hoffmann — 1. ABSENT: None. EXCUSED: None. Amends Chapter 7, Civil Defense, Article 2, Disaster Control, of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Emergency Water Spigots. {Adds and corrects definitions in Section 7 -6 (Definitions); and replaces Section 7 -8 with language on emergency water spigots (water spigots under the control of the Civil Defense Agency, water spigot usage by the public, and prohibited activities that shall be subject to a fine of $1,000 notwithstanding Section 7 -11). } Re: Comm. 709 Intr. by: Ms. Ford Waived: FC AMENDED TO DRAFT 2 AND REFERRED TO PUBLIC SAFETY AND PARKS AND RECREATION COMMITTEE: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. ;and From County Clerk Kenneth Goodenow, dated February 18, 2010, transmitting a proposed amendment to Bill 210; and From Finance Committee Chair Dennis ``Fresh" Onishi, dated February 22, 2010, requesting that this matter be waived to the Council. Hawai`i County Council -34 Bill 213: Bill 214: 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 ENVIRONMENTAL MANAGEMENT: North Kona Effluent Reuse Upgrade — State Revolving Fund (SRF) ($3,643,000); funds shall be provided from SRF ($3,643,000). Funds would be used towards the design and construction of the infrastructure for the North Kona Effluent Reuse Upgrade project, which extends from Kealakehe Parkway to Keahole Airport.) PASSED 1 AYES: NOES: ABSENT: EXCUSED: Page 8 March 3 2010 Re: Comm. 716 Intr. bv: Mr. Onishi Waived: FC 2/3 Vote: Section 10 -6(d), Hawai`i County Charter READING: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. None. None. None. 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 ENVIRONMENTAL MANAGEMENT: North Kona Sewer — State Revolving Fund (SRF) ($3,104,000); funds shall be provided from SRF ($3,104,000). Funds would be used towards the design and construction of the infrastructure for the North Kona Sewer project, which extends from Kealakehe Parkway to Keahole Airport.) Re: Comm. 717 Intr. bv: Mr. Onishi Waived: FC 2/3 Vote: Section 10 -6(d), Hawai`i County Charter PASSED 1 READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai`i County Council -34 Page 9 March 3, 2010 2:00 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 186: Bill 195: Planning Director Initiated: Amends Chapter 25, Hawai`i County Code 1983 (2005 Edition, as Amended) Relating to Telecommunication Antennas and Towers. {Requires that wireless telecommunication antennas and towers obtain a Use Permit from the Planning Commission before such use is established for properties within the Residential and Agricultural (RA), Family Agricultural (FA), Agricultural (A), and Intensive Agricultural (IA) zoned districts.) Re: Comm. 655 Intr. by: Mr. Ikeda 1S Reading: February 18, 2010 PASSED 2 & FINAL READING: AYES: Council Members Ford, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 7. NOES: Council Member Greenwell — 1. ABSENT: Council Member Enriques — 1. EXCUSED: None. Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Chapter 24, Article 10, Division 2, Section 24 -265, Schedule 13 (Yield locations), paragraph (a), Hamakua, by adding the following: Old Mamalahoa Highway, southbound approach to Bridge No. 47 -1; Old Mamalahoa Highway, westbound approach to Bridge No. 47 -2; Old Mamalahoa Highway, eastbound approach to Bridge No. 47 -3; Old Mamalahoa Highway, westbound approach to bridge adjacent to parcels 4- 7 -7:4, 4 -7 -7:19, and 4 -7 -7:90; and Old Mamalahoa Highway, westbound approach to bridge adjacent to parcels 4 -7 -7:8 and 4- 7 -7:9. Amendments would assign right -of -way at the approaches to the subject one -lane bridges.) Re: Comm. 671 Intr. by: Mr. Enriques 1S Reading: February 18, 2010 PASSED 2ND & FINAL READING: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai`i County Council -34 Bill 196: Bill 197: Bill 200 (Draft 2): 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 — One Acre (A -1a) to Neighborhood Commercial — 20,000 Square Feet (CN -20) at Ponahawai, South Hilo, Hawai`i, Covered By Tax Map Key:2 -3- 037:019 (approx. 43,560 square feet). {Brian T. Sugai, Applicant.) Re: Intr. bv: 1S Reading: PASSED 2 & FINAL READING: AYES: NOES: ABSENT: EXCUSED: Re: Intr. bv: 1S Reading: PASSED 2 & FINAL READING: AYES: NOES: ABSENT: EXCUSED: Page 10 March 3 2010 Comm. 672 Mr. Ikeda February 18, 2010 Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. Council Member Hoffmann — 1. None. None. Amends Section 25-8 -22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural — 5 Acres (A -5a) to Family Agricultural — 2 Acres (FA -2a) at Kea`au, Puna District, Hawai`i, Covered by Tax Map Key:1 -6- 141:024 (approx. 7.829 acres). {Hawai`i Brewery Development Company, Inc.} Comm. 673 Mr. Ikeda February 18, 2010 Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. Council Member Hoffmann — 1. None. None. Amends Chapter 19 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Real Property Taxes, Relating to Appeals. {Increases the deposit amount of an appeal to the Real Property Tax Review from $15 to $50 and limits refunds of that amount to situations where the Board of Review accepts the taxpayer's appeal value without compromise. Refunds would also be made in cases where adjustments are necessary due to clerical errors.) Re: Comm. 684.2 Intr. bv: Mr. Hoffmann 1S Reading: February 18, 2010 AMENDED TO DRAFT 3 AND HELD OVER PURSUANT TO COUNCIL RULE 25(e) Hawai`i County Council -34 Bill 209: REPORTS FC -140 (Comm. 694): FC -141 (Comm. 695): EMC -10 (Comm. 690): Page 11 March 3, 2010 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 ENVIRONMENTAL MANAGEMENT: Honoka`a Large Capacity Cesspool Replacement — State ($20,000); funds shall be provided from State Funds Receivables ($250,000). Funds would be used towards sewer design and construction work related to constructing a sewage pump station and force main to connect the Honoka`a Civic Center to the County sewer system.) Re: Comm. 708 Intr. by: Mr. Onishi 1S Reading: February 18, 2010 2/3 Vote: Section 10 -6(d), Hawai`i County Charter PASSED 2' & FINAL READING: AYES: NOES: ABSENT: EXCUSED: Council Members Enriques, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. None. Council Member Ford — 1. None. Recommends approval of the nomination of Mr. Albert Kualii (Council District 5) to the Tax Board of Review. APPROVED: AYES: NOES: ABSENT: EXCUSED: Council Members Enriques, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. None. Council Member Ford — 1 None. Recommends approval of the nomination of Mr. Jerry Hamamoto (Council District 4) to the Pension Board. APPROVED: AYES: Council Members Enriques, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. NOES: None. ABSENT: Council Member Ford — 1. EXCUSED: None. Recommends approval of the nomination of Mr. Sherman Warner (Council District 9) to the Environmental Management Commission. APPROVED: AYES: Council Members Enriques, Greenwell, Hoffmann Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8. NOES: None. ABSENT: Council Member Ford — 1. EXCUSED: None. Hawai`i County Council -34 REFERRALS FOR EXECUTIVE SESSION (The following matter will be canceled from the agenda:) Comm. 142: Comm. 142.1: Comm. 140: Comm. 719: Page 12 March 3, 2010 STACY S. K. HIGA, JANICE M. N. HIGA VS. COUNTY OF HAWAII, LINCOLN ASHIDA AS THE CORPORATION COUNSEL FOR THE COUNTY OF HAWAII, ET AL. CIVIL NO. 08 1 0293 (THIRD CIRCUIT COURT); AND STACY HIGA VS. NAOMI EARP, IN HER OFFICIAL CAPACITY AS CHAIR AND HEAD OF THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; LINCOLN ASHIDA, IN HIS OFFICIAL CAPACITY AS CORPORATION COUNSEL, COUNTY OF HAWAII CIVIL NO. CV08 00411 (UNITED STATES DISTRICT COURT, DISTRICT OF HAWAI`I) From Assistant Corporation Counsel Katherin stating that Special Counsel for the above referenced cases (attorneys from the law firm of Ayabe, Chong, Nishimoto, Sia & Nakamura) will be present. Postponed: February 19, 2009 11° nd From Calvin E. Young (Ayabe, Chong, Nishimoto, Sia and Nakamoto), dated January 26, 2010, requesting to meet with the Council to further explain the background, legal issues, and claims of this case- (The following matter will be canceled from the agenda:) MELISSA M. CHANG V. COUNTY OF HAWAI`I, HAWAII COUNTY COUNCIL EEOC NO. 37B 2007 00006 From Deputy Corporation Counsel Joseph K. Kamelamela, dated Februar 2 009 regarding a proposed resolution of the above titled matter. Postponed: February 19, 2009 BARBARA HALE V. HAWAII COUNTY COUNCIL, COUNTY OF HAWAI`I EEOC CHARGE NO. 486- 2008 -00142 From Deputy Corporation Counsel Michael J. Udovic, dated February 17, 2010. FILED: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. Hawai`i County Council -34 Comm. 720: CLAIM AGAINST THE COUNTY /KEITH M. LAEHA Page 13 March 3, 2010 Comm. 721: CLAIM AGAINST THE COUNTY /FAIRMONT SPECIALTY FOR RUSSELL CABINGAS ANNOUNCEMENTS ADJOURNMENT 3:30 p.m. From Deputy Corporation Counsel Brooks L. Bancroft, dated February 17, 2010. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda, Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. From Deputy Corporation Counsel Brooks L. Bancroft, dated February 18, 2010. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: AYES: Council Members Enriques, Ford, Greenwell, Hoffmann Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9. NOES: None. ABSENT: None. EXCUSED: None. The Council anticipates convening an executive meeting regarding the following 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 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.) 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 March 1, 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. Hawai`i County Council -34 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. Submitting Testimonv: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public 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 Aupuni Street, Hilo, Hawai`i. 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to counciltestimon_v c;co.hawaii.hi.us. Please submit separate testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: Wednesdays, March 10 and 17, 2010, at 6 p.m.; Fridays, March 12 and 19, 2010, at 12 p.m.; and Sundays, March 14 and 21, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS COMMITTEES COUNCIL COUNCIL PUBLIC HEARING RE OPERATING AND CAPITAL BUDGETS MONDAY, MARCH 29, 2010 SPECIAL MEETING OF THE 9:00 a.m. FINANCE COMMITTEE TUESDAY, MARCH 30, 2010 SPECIAL MEETING OF THE 9:00 a.m. FINANCE COMMITTEE Page 14 March 3 2010 TUESDAY, MARCH 16, 2010 TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, MARCH 17, 2010 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA MONDAY, MARCH 22, 2010 5:00 P.M. COUNCIL ROOM — HILO 25 Aupuni Street WEDNESDAY, MARCH 31, 2010 SPECIAL MEETING OF THE 9:00 a.m. FINANCE COMMITTEE COUNCIL ROOM — HILO 25 Aupuni Street COUNCIL ROOM — HILO 25 Aupuni Street COUNCIL ROOM — HILO 25 Aupuni Street