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Home My WebLink AboutAGE COUNCIL 07/21/2010 2008-2010 ACTIONSJ YOSHIMOTO Chan. & Preszchng Officer EMILY I. NAEOLE - BEASON Tice Chazr 44 Session INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE COUNTY COUNCIL County of Hanrai '1 Hanrai '1 County Building 25 Aupuni Street Hilo, Hanrai '1 96720 ORDER OF BUSINESS Hawai`i County Council Sheraton Keauhou Bay Resort and Spa 78 -128 Ehukai Street Kailua -Kona, Hawai`i Wednesday, July 21, 2010 9:00 a.m. Reverend Tullos Jones of Kona Baptist Church 9:00 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 -44 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON APPROVAL OF MINUTES, COMMUNICATIONS, AND ORDER OF RESOLUTIONS APPROVAL OF MINUTES COMMUNICATIONS ORDER OF RESOLUTIONS Res. 365-10: Res. 366 -10: Authorizes the Acceptance of a Donation of a Six Foot Bench for the Department of Parks and Recreation. { Donated by Mr. Franklin E. Zimring, with an estimated total value of $1,22, the plastic bench be installed at Richardson Ocean Park.) ADOPTED: AYES: NOES: ABSENT: EXCUSED: Authorizes the Acceptance of a Donation of One Hundred No- Tobacco Signs for the Department of Parks and Recreation by the State of Hawai`i Department of Health. {The signs, with an estimated total value of $1,744.79, will be installed at various County parks islandwide. } ADOPTED: AYES: NOES: ABSENT: EXCUSED: Page 2 July 21, 2010 May 6 and December 16, 2009 APPROVED: AYES: Council Members Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Yagong, and Chair Yoshimoto — 7. NOES: None. ABSENT: Council Members Enriques and Onishi — 2. EXCUSED: None. Re: Intr. bv: Waived: Comm. 868 Mr. Onishi FC Council Members Ford, Greenwell, Hoffmann Ikeda, Naeole- Beason, Yagong, and Chair Yoshimoto — 7. None. Council Members Enriques and Onishi — 2. None. Re: Intr. bv: Waived: Comm. 869 Mr. Onishi FC Council Members Ford, Greenwell, Hoffmann Ikeda, Naeole- Beason, Yagong, and Chair Yoshimoto — 7. None. Council Members Enriques and Onishi — 2. None. Hawai`i County Council -44 Res. 367 -10: Res. 368 -10: Authorizes the Acceptance of a Donation of One Hundred No- Tobacco Signs for the Department of Parks and Recreation by Tobacco Free Big Island. {The signs, with an estimated total value of $1,744.79, will be installed at various County parks islandwide. } ADOPTED: AYES: NOES: ABSENT: EXCUSED: Urges the State Department of Education to Reconsider the Consolidation of the Kohala Complex Schools. {Consolidates the three Kohala Complex schools (Kohala Elementary, Kohala Middle, and Kohala High) into one K -12 school.) ADOPTED: AYES: NOES: ABSENT: EXCUSED: Re: Intr. bv: Waived: Council Members Ford, Greenwell, Ikeda, Naeole- Beason, Yagong, and Chair Yoshimoto — 6. None. Council Members Enriques, Hoffmann and Onishi — 3. None. Re: Intr. bv: Waived: 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST READING), ORDER OF THE DAY (SECOND OR FINAL READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) BILLS FOR ORDINANCES (FIRST READING) Page 3 July 21, 2010 Comm. 870 Mr. Onishi FC Comm. 871 Mr. Hoffmann PWIRC Council Members Ford, Greenwell, Hoffmann Ikeda, Naeole- Beason, Yagong, and Chair Yoshimoto — 7. None. Council Members Enriques and Onishi — 2. None. Hawai`i County Council -44 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 260: Bill 261: Bill 264: Page 4 July 21, 2010 Further Amends Ordinance No. 08 -64, as Amended by Ordinance No. 09 -13, Ordinance No. 09 -102, and Ordinance No. 10 -15, Relating to Extending Public Use of the Haleki`i Street Extension. {The amendment relates to Section 3, which amends the sunset date of September 4, 2010, to the opening of the Haleki`i Street Extension for public use and provides that the roadways will still be available for emergency use only during the hours in which the Mamalahoa Bypass/Haleki`i Street Extension are closed for public use.) Re: Comm. 838 Intr. by: Mr. Enriques 1S Reading: July 8, 2010 PASSED 2ND & FINAL READING: AYES: NOES: ABSENT: EXCUSED: Council Members Ford, Greenwell, Hoffmann, Ikeda, Yagong, and Chair Yoshimoto — 6. None. Council Members Enriques, Naeole- Beason, and Onishi — 3 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 -264, Schedule 12 (Stop Intersections), subsection (f), Kona, by adding ``Napo`opo`o Road/Middle Ke`ei Road intersection, all approaches. "} Re: Comm. 839 Intr. by: Mr. Enriques 1S Reading: July 8, 2010 PASSED 2ND & FINAL READING: AYES: Council Members Ford, Greenwell, Hoffmann Ikeda, Yagong, and Chair Yoshimoto — 6. NOES: None. ABSENT: Council Members Enriques, Naeole- Beason, and Onishi — 3. EXCUSED: None. Amends Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2011. {Appropriates revenues in Federal Grants — Domestic Violence Prosecution — American Reinvestment and Recovery Act (ARRA) ($81,680); appropriates same to Domestic Violence Prosecution — ARRA.) Re: Comm. 853 Intr. by: Mr. Onishi 1S Reading: July 8, 2010 PASSED 2 & FINAL READING: AYES: Council Members Ford, Greenwell, Hoffmann Ikeda, Yagong, and Chair Yoshimoto — 6. NOES: None. ABSENT: Council Members Enriques, Naeole- Beason, and Onishi — 3. EXCUSED: None. Hawai`i County Council -44 REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 873: ANNOUNCEMENTS ADJOURNMENT 11:00 a.m. Page 5 July 21, 2010 FINANCIAL Monthly Budget Status Report for the Month Ended May 31, 2010, from the REPORTS: Department of Finance ACCEPTED: AYES: Council Members Ford, Greenwell, Hoffmann, Ikeda, Yagong, and Chair Yoshimoto — 6. NOES: None. ABSENT: Council Members Enriques, Naeole- Beason, and Onishi — 3. EXCUSED: None. JACK M. EBNER VS. ROBERT WOLVERTON; HAWAII COUNTY POLICE DEPARTMENT, COUNTY OF HAWAI`I; ET. AL., CIVIL NO. 07- 1 -0152K From Deputy Corporation Counsel Michael J. Udovic, dated July 9, 2010. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL AYES: Council Members Hoffmann, Ikeda, Naeole- Beason, Yagong, and Chair Yoshimoto — 5. NOES: Council Members Ford and Greenwell — 2. ABSENT: Council Members Enriques and Onishi — 2. EXCUSED: None. 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 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 July 19, 2010. Relay users please call 711(961 -8255) to contact our office. Hawai`i County Council -44 Page 6 July 21, 2010 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: • County Council Room, 25 Aupuni Street, Hilo; and • Waimea Council Office at the Holomua Center. 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, July 28 and August 4, 2010, at 6 p.m.; Fridays, July 30 and August 6, 2010, at 12 p.m.; and Sundays, August 1 and 8, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. UPCOMING MEETINGS MONDAY, AUGUST 2, 2010 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, AUGUST 3, 2010 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, AUGUST 17, 2010 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA WEDNESDAY, AUGUST 18, 2010 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA