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HomeMy WebLinkAboutAGE COUNCIL 09/09/2010 2008-2010 J YOSHIMOTO "�+r; GUY ENRIQUES Chair & Presiding Officer - 0:4 BRENDA FORD .:��'! O=.: KELLY GREENWELL EMILY I. NAEOLE - BEASON PETE HOFFMANN Vice Chair + r , •,: DONALD IKEDA ' 4. °F - "�� DENNIS "FRESH" ONISHI DOMINIC YAGONG COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 47 Session ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Thursday, September 9, 2010 9:00 a.m. INVOCATION Pastor Bob Tominaga of Thy Word Ministries CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE (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. Hawai`i County Council -47 APPROVAL OF MINUTES April 7 and August 3, 2010 Page 2 September 9, 2010 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, 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.) COMMUNICATIONS Comm. 924: DONATION TO THE DEPARTMENT OF PARKS AND RECREATION'S PAHOA SENIOR CENTER BY MS. TOBY S. HAZEL ORDER OF RESOLUTIONS Res. 308 -10 (Draft 2): From Finance Director Nancy E. Crawford, dated August 16, 2010, requesting approval of the following items: magazine, newspaper, and bargain racks; chairs; bookshelves and kids bookcases; cafe table; and church pews (total estimated value of $1,475). Waived: FC Urges the Department of Land and Natural Resources (DLNR), Division of Aquatic Resources, to Adopt Rules for the Sustainable Management of the West Hawai`i Aquarium Fishery Including Adaptive Management of Fish Replenishment Areas, Maintenance of an Aquarium Fish Species' `White List," and the Possibility of a Limited Entry Program. { Urges the DLNR to adopt management approaches, maintain a tropical fish ``white list," establish a bag limit for reproductively mature yellow tang, and explore the feasibility of a one -year moratorium on the issuance of commercial aquarium fish permits.) Re: Intr. by: Approve: Postponed: Held Over Pursuant to Council Rule 25(e): Comm. 730.48 Mr. Hoffmann HSEDC -4 April 7, 2010 August 18, 2010 Hawai`i County Council -47 Res. 378 -10: Res. 379 -10: Res. 383 -10: Res. 384 -10: Page 3 September 9, 2010 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 Copy Machine for the Department of Public Works. {Their current copier is 8 years old and replacement parts are difficult to locate. The estimated annual cost for the new copier would be $7,600, which is much less than what is currently being paid.) Re: Comm. 907 Intr. bv: Mr. Onishi Approve: FC -174 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 an Enforcement of Protective Orders and Temporary Restraining Orders (TRO) Grant for the Hawai`i Police Department. {Funds would be used to improve the Department's ability to ensure prompt service of all protective orders, including those in which a respondent is a convicted felon or falls under the Lautenberg Act and are thus prohibited from possessing firearms and/or ammunition.) Re: Comm. 908 Intr. bv: Mr. Onishi Approve: FC -175 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 a Sexual Assault Exam and Offender/Victim DNA Analysis Grant for the Hawai`i Police Department. {Funds would be used to improve the Department's ability to respond to sexual assault and other violent crimes against adult and adolescent women by covering costs to conduct examinations by Sexual Assault Forensic Examiners and Sexual Assault Nurse Examiner nurses and the analysis of recovered evidence.) Re: Comm. 919 Intr. bv: Mr. Onishi Waived: FC Authorizes the Acceptance of a Monetary Donation of $10,000 to the Hawai`i Police Department. {Donated by Nixie, LLC, the funds would be used to upgrade the Department's website and make it ADA (Americans with Disabilities Act) compliant.) Re: Comm. 922 Intr. bv: Mr. Onishi Waived: FC Hawai`i County Council -47 Res. 386 -10: Res. 387 -10: Res. 388 -10: Bill 268: Comm. 874.1: Comm. 874.2: Page 4 September 9, 2010 Recommends that the Mayor Direct the Director of the Department of Parks and Recreation to Hire Two Full -Time Lifeguards for the Swimming Pool at the Pahoa Community Aquatic Center. {The Pahoa Pool has recently experienced frequent pool closures due to a lack of sufficient lifeguard staffing.) Re: Comm. 928 Intr. by: Ms. Naeole- Beason Waived: FC Authorizes the Acceptance of a Donation of a Windward Boats Inc. Trailer for the Hawai`i Fire Department. {Donated by the Daniel R. Sayre Memorial Foundation with a total estimated value of $11,97, it would replace the existing rusted trailer used for Rescue Boat No. 7.) Authorizes the Acceptance of a Monetary Donation of $7,500 to the County of Hawai`i. {Donated by Kaiser Foundation Health Plan, Inc., funds would be used towards the hosting expenses and supplies for the County's 2010 Healthcare Conference (held on August 13, 2010, at the Waikoloa Beach Marriott Resort). } BILLS FOR ORDINANCES (FIRST READING) Re: Comm. 930 Intr. bv: Mr. Onishi Waived: FC Re: Comm. 931 Intr. bv: Mr. Onishi Waived: FC Amends Chapter 9 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to the County Electrical Code. {The State Building Code Council has reviewed and proposed the adoption of the 2008 National Electrical Code (NEC) with amendments (with the exception of the administrative portion of the code which varies by each County). The Electrical Code in Chapter 9 is amended with the following: 1) revised scope, 2) the definition "Administrative authority" is amended to read "Authority having jurisdiction" (AHJ), 3) addition of new definitions, 4) amended request for inspection, 5) amended rain water and sea water flooding standards, and 6) simplified fee schedule.) Re: Comm. 874 Intr. by: Mr. Enriques Waived: PWIRC • and From Public Works and Intergovernmental Relations Committee Chair Guy Enriques, dated August 16, 2010, requesting that this matter be waived to the Council for immediate action; and From Public Works Director Warren H. W. Lee, dated August 27, 2010, transmitting proposed amendments to Bill 268 and requests the Council substitute the contents of Bill 268 with this proposal (which is attached to this communication). Hawai`i County Council -47 Bill 269: Bill 270: Page 5 September 9, 2010 Amends Chapter 17 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Plumbing. {The State Building Code Council has reviewed and proposed the adoption of the 2006 Uniform Plumbing Code (UPC) with amendments (with the exception of the administrative portion of the code which varies by each County). The Plumbing Code in Chapter 17 is amended with the following: 1) the definition "Administrative authority" is amended to read Authority having jurisdiction" (AHJ); 2) Gray Water System is amended by the Department of Health. Enforcement will be by the Department of Health; and 3) Appendix K — Private Sewage Disposal System is amended by the Department of Health. Enforcement will be by the Department of Health.) Re: Comm. 875 Intr. by: Mr. Enriques Waived: PWIRC and Comm. 875.1: From County Clerk Kenneth Goodenow, dated July 20, 2010, transmitting for illustrative purposes in ramseyer format, the amendments to the UPC as provided in Section 8 of Bill 269 (codified as Section 17 -47 of the County Code); and Comm. 875.2: From Public Works and Intergovernmental Relations Committee Chair Guy Enriques, dated August 16, 2010, requesting that this matter be waived to the Council for immediate action; and Comm. 875.3: From Public Works Director Warren H. W. Lee, dated August 27, 2010, transmitting proposed amendments to Bill 269, and requests the Council substitute the contents of Bill 269 with this proposal (which is attached to this communication). Repeals Chapter 5 of the Hawai`i County Code 1983 (2005 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 provides a new Chapter 5 with certain amendments which relates to the following: 1) Article 1 (contains the general provisions, title, purposes, and scoping); 2) Article 2 (administration and enforcement, administrative authority, compliance with codes and other laws, adoption of rules and right of entry, permits and permit fees, construction document requirements, required plans and specifications, inspections, violations, enforcement and penalties); 3) Article 3 (installation requirements; 2006 IBC is incorporated by reference; the 2006 IBC with amendments as it relates to the State Building Code, with the exception of the administrative portion (Articles 1 and 2) of the Code which varies by each County; and provisions for one and two family dwellings as it relates to the building code); Article 4 (adopting amendments and addition of appendices that apply to the following: Appendix C — Group U Agricultural Buildings, Appendix I — Patio Covers, Appendix L — Factory -Built Housing, Appendix M — Thatch Material on Exterior of Buildings /Protection Against Exposure Fires, Appendix U — Hawai`i Hurricane Sheltering Provisions for New Construction (this includes Hawai`i Hawai`i County Council -47 Bill 283: Bill 285: Page 6 September 9, 2010 Residential Safe Room), Appendix W — Hawai`i Wind Design Provisions for New Construction, and Appendix X — Indigenous Hawaiian Architecture Structures); and 5) Article 5 (adoption of the 2006 International Energy Conservation Code as amended by Hawai`i County.) Re: Comm. 876 Intr. by: Mr. Enriques Waived: PWIRC and Comm. 876.1: From County Clerk Kenneth Goodenow, dated July 20, 2010, transmitting for illustrative purposes in ramseyer format the amendments to the IBC as provided in Section 2 of Bill 270 (codified as Article 3, Section 5-71 of the County Code); and Comm. 876.2: From Council Vice Chair Emily I. Naeole- Beason, dated July 20, 2010, transmitting a proposed amendment to Bill 270 (incorporating ``local" amendments); and Comm. 876.3: From Public Works and Intergovernmental Relations Committee Chair Guy Enriques, dated August 16, 2010, requesting that this matter be waived to the Council for immediate action; and Comm. 876.4: From Public Works Director Warren H. W. Lee, dated August 27, 2010, transmitting proposed amendments to Bill 270, and requests the Council to substitute the contents of Bill 270 with this proposal (which is attached to this communication). Amends Ordinance No. 03 -111, Which Amended Ordinance No. 00 -128, Which Amended Ordinance No. 91 -116, Which Reclassified Lands from Agricultural — 1 Acre (A -la) to Neighborhood Commercial — 20,000 Square Feet (CN -20) at Keonepoko, Puna, Hawai`i, Covered by Tax Map Key:1 -5- 007:020 (approx. 4.901 acres). {HNMP, LLC (Paul Ogasawara, Manager), Applicant; Requesting a five -year time extension to comply with Condition B (Complete Construction) of Change of Zone Ordinance No. 03-111.} Re: Comm. 903 Intr. bv: Mr. Ikeda Approve: PC -88 Amends Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2011. {Increases revenues in Reimburse Debt Service — Department of Water Supply (DWS) ($432,968.30; appropriates same to Interest on General Obligation Bonds (GOB) — County. Properly reflects the DWS's share of the interest payments on the GOB proceeds for this fiscal year.) Re: Comm. 906 Intr. bv: Mr. Onishi Approve: FC -173 Hawai`i County Council -47 Bill 286: Bill 287: Bill 288: Bill 289: Page 7 September 9, 2010 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 — Enforcement of Protective Orders and Temporary Restraining Orders (TROs) ($42,610); appropriates same to Enforcement of Protective Orders and TROs. Re: Comm. 908 Intr. bv: Mr. Onishi Approve: FC -176 Amends Ordinance No. 10 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010, to June 30, 2011. {Adds PUBLIC WORKS: Kaiminani Drive Roadway Improvements Phase I ($100,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources ($100,000). Funds would be used towards the survey and design portion of the Kaiminani Drive Roadway Improvements Phase I Project. Re: Comm. 920 Intr. bv: Mr. Onishi Waived: FC 2/3 Vote: Section 10 -6(d), Hawai`i County Charter Amends Ordinance No. 10 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010, to June 30, 2011. {Adds PUBLIC WORKS: Ali`i Drive Culvert Replacement ($00,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources ($500,000). Funds would be used towards the design, permitting, and engineering design to replace the existing bridge.) Re: Comm. 921 Intr. bv: Mr. Onishi Waived: FC 2/3 Vote: Section 10 -6(d), Hawai`i County Charter Amends Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2011. {Increases revenues in Contribution from Private Source ($10,000); appropriates same to Police Administrative Division — Other Current Expenses.) Re: Comm. 922 Intr. bv: Mr. Onishi Waived: FC Hawai`i County Council -47 Bill 290: Bill 292: Bill 293: Bill 294: Page 8 September 9, 2010 Amends Ordinance No. 10 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010, to June 30, 2011. {Adds PUBLIC WORKS: Napo`opo`o Road Retaining Wall Improvements ($100,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources ($100,000). Funds would be used towards the survey and design portion of the Napo`opo`o Road Retaining Wall Improvements Project.) Re: Comm. 923 Intr. bv: Mr. Onishi Waived: FC 2/3 Vote: Section 10 -6(d), Hawai`i County Charter Amends Ordinance No. 10 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010, to June 30, 2011. {Adds FIRE: Kati Public Safety Improvements Project ($200,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources ($200,000). Funds would be used towards the following projects: Pahala Volunteer Fire Apparatus Garage, Na`alehu Volunteer Fire Apparatus Garage, Punalu`u Beach Ocean Safety_ Tower, and Ocean View Fire Protection Hydrant installation.) Re: Comm. 927 Intr. by: Mr. Enriques Waived: FC 2/3 Vote: Section 10 -6(d), Hawai`i County Charter Amends Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2011. {Increases revenues in Federal Grants — Volunteer Fire Assistance ($34,187.0); appropriates same to Volunteer Fire Assistance — Federal. Funds would be used towards safety equipment for personnel at all fire stations.) Re: Comm. 929 Intr. bv: Mr. Onishi Waived: FC Amends Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2011. {Increases revenues in Contribution from Private Source ($7,00); appropriates same to Research and Development — Other Current Expenses.) Re: Comm. 931 Intr. bv: Mr. Onishi Waived: FC Hawai`i County Council -47 Bill 295: ORDER OF THE DAY (SECOND OR FINAL READING) Bill 266: Bill 271: Page 9 September 9, 2010 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 — Sexual Assault Examination and DNA Analysis ($12,000); appropriates same to Sexual Assault Examination and DNA Analysis.) Re: Comm. 919 Intr. bv: Mr. Onishi Waived: FC Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Proposes the following amendments: Amends Article 10, Division 1, Section 24 -257, Schedule 5 (35 mile per hour (mph) limit), Subsection (c), Hilo, Item (27), to read, "Puainako Street, westbound lane, from a point four hundred fifty feet west of Kaumana Drive to its western terminus and eastbound lane, from a point 3.57 miles east of Wilder Road to Komohana Street. ", amends Article 10, Division 1, Section 24 -259, Schedule 7 (40 mph limit), Subsection (c), Hilo, by adding, "Puainako Street, westbound lane, from a point 3.30 miles west of Komohana Street to a point four hundred fifty feet west of Kaumana Drive and eastbound lane from its western terminus to a point 0.46 mile east of Wilder Road. ", amends Article 10, Division 1, Section 24 -260, Schedule 8 (45 mph limit), Subsection (c), Hilo, Item (3), to read, "Puainako Street, eastbound lane, from a point 3.44 miles east of Wilder Road to a point seven hundred feet in the easterly direction. ", and amends Article 10, Division 1, Section 24 -263, Schedule 11 (55 mph limit), Subsection (c), Hilo, by adding, "Puainako Street, westbound lane, from Komohana Street to a point 3.30 miles in the westerly direction and eastbound lane, from a point 0.46 miles east of Wilder Road to a point 2.98 miles in the easterly direction. "} Re: Comm. 861 Intr. by: Mr. Enriques 1S Reading: August 18, 2010 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 — Cell Phone /Personal Digital Assistant (PDA) Violence ($40,110); appropriates same to Cell Phone /PDA Violence Grant.) Re: Comm. 881 Intr. bv: Mr. Onishi 1S Reading: August 18, 2010 Hawai`i County Council -47 Bill 275: Bill 276: Bill 277: Page 10 September 9, 2010 Amends Ordinance No. 10 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010, to June 30, 2011. {Adds PUBLIC WORKS: Mamalahoa Bypass Mitigation Measures — County ($1,000,000) and Mamalahoa Bypass Mitigation Measures — Fair Share ($243,000), for a total of $1,243,000; funds shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources ($1,000,000) and Fair Share Contributions (Fund Balance — Designated) ($243,000), for a total of $1,243,000. Funds would be used to address community_ safety concerns with the anticipated increased traffic on Ali`i Drive and Haleki`i Street when the Mamalahoa Bypass is opened.) Re: Comm. 889 Intr. bv: Mr. Onishi 1S Reading: August 18, 2010 2/3 Vote: Section 10 -6(d), Hawai`i County Charter Amends Ordinance No. 10 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010, to June 30, 2011. {Adds PUBLIC WORKS: Kapiolani Street Extension (Mohouli Street to Lanikaula Street) ($600,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources ($600,000). Funds would be used towards the planning, survey, and design to extend Kapiolani Street from Mohouli Street to Lanikaula Street (to enhance the traffic, pedestrian, Americans with Disabilities Act, and bicycle circulation, between the University_ of Hawai`i at Hilo and vicinity, and downtown Hilo). } Re: Comm. 890 Intr. bv: Mr. Onishi 1S Reading: August 18, 2010 2/3 Vote: Section 10 -6(d), Hawai`i County Charter Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Article 10, Division 4, Section 24 -278, Schedule 26 (roads closed to pedestrian traffic), Subsection (f), Kona, by adding, "Haleki`i Street, from the Mamalahoa Bypass Highway intersection to a point 0.76 mile in the easterly direction." and "Mamalahoa Bypass Highway, from the Ali`i Drive intersection to the Haleki`i Street intersection. "} Re: Comm. 891 Intr. by: Mr. Enriques 1S Reading: August 18, 2010 Hawai`i County Council -47 Bill 278: Bill 279: Bill 280: Page 11 September 9, 2010 Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Article 10, Division 8, Section 24 -293, Schedule 41 (use of certain streets by certain vehicles restricted), Subsection (f), Kona, to read, "(1) Vehicles having a gross vehicle weight rating of three or more tons shall not be permitted to use the hereinafter designated streets. These provisions shall not be applicable to local area origin/destination traffic and vehicles providing services to residents of the hereinafter designated streets. Further, these restrictions shall be lifted during the period of any emergency declared by the civil defense agency. (A) Haleki`i Street in the South Kona District. (B) Kupuna Street in the North Kona District. (C) Lako Street in the North Kona District. (D) Mamalahoa Bypass Highway in the North Kona District. (E) Mamalahoa Bypass Highway in the South Kona District. (F) Manawa Street in the South Kona District. (G) Nape Street in the South Kona District. (2) Vehicles having a gross vehicle weight rating of five or more tons shall not be permitted to use the hereinafter designated streets. These provisions shall not be applicable to local area origin/destination traffic and vehicles providing services to residents of the hereinafter designated streets. Further, these restrictions shall be lifted during the periods of any emergency declared by the civil defense agency. (A) Kaiminani Drive in the North Kona District. (3) Bicycles, mopeds, and motor scooters shall not be permitted to use the hereinafter designated streets: (A) Haleki`i Street in the South Kona District, from the Mamalahoa Bypass Highway to a point four thousand feet in the easterly direction. (B) Mamalahoa Bypass Highway in the North Kona District. (C) Mamalahoa Bypass Highway in the South Kona District. "} Re: Comm. 892 Intr. by: Mr. Enriques 1S Reading: August 18, 2010 Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Article 10, Division 2, Section 24 -265, Schedule 13 (yield locations), Subsection (f), Kona, by adding, "Ali`i Drive, southbound approach to the Mamalahoa Bypass Highway. "} Re: Comm. 893 Intr. by: Mr. Enriques 1S Reading: August 18, 2010 Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Article 10, Division 2, Section 24 -264, Schedule 12 (stop intersections), Subsection (f), Kona, by adding, "Ali`i Drive, northbound approach to the Mamalahoa Bypass Highway. ", "Mamalahoa Bypass Highway, northbound approach to Ali`i Drive. ", and "Mamalahoa Bypass Highway/Haleki`i Street intersection, all approaches. "} Re: Comm. 894 Intr. by: Mr. Enriques 1S Reading: August 18, 2010 Hawai`i County Council -47 Bill 281: Bill 282: REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 932: Page 12 September 9, 2010 Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Article 10, Division 1, Section 24 -255, Schedule 3 (25 mile per hour (mph) limit), Subsection (f), Kona, by adding, "Ali`i Drive, from a point 0.20 mile south of Kaleiopapa Street to its southern terminus. ", "Mamalahoa Bypass Highway, from the Ali`i Drive intersection to a point four hundred sixty feet in the southerly direction. ", and "Mamalahoa Bypass Highway, from a point 2.67 miles south of the Ali`i Drive intersection to the Haleki`i Street intersection. "; amends Article 10, Division 1, Section 24 -257, Schedule 5 (35 mph limit), Subsection (f), Kona, to read, "Ali`i Drive, from the Kamehameha III Road intersection to a point 0.20 mile south of Kaleiopapa Street. "; and amends Article 10, Division 1, Section 24 -260, Schedule 8 (45 mph limit), Subsection (f), Kona, by adding, "Mamalahoa Bypass Highway, from a point four hundred sixty feet south of the Ali`i Drive intersection to a point 2.58 miles in the southerly direction. "} Re: Comm. 895 Intr. by: Mr. Enriques 1S Reading: August 18, 2010 Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. {Amends Article 10, Division 2, Section 24 -267, Schedule 15 (one -way streets), Subsection (f), Kona, by deleting Item (1) Haleki`i Street. All general public vehicular traffic shall move in the eastbound direction only from 3:00 p.m. to 6:30 p.m., Monday through Friday, except holidays, for the Haleki`i Street Extension (four thousand feet), extending from the Mamalahoa Highway Bypass to a point six hundred feet makai of the Muli Street intersection.} Re: Comm. 896 Intr. by: Mr. Enriques 1S Reading: August 18, 2010 VANESSA HALDEMAN, ET AL. V. RUTH GOLDEN, ET. AL., CV 05-00810 DAE /KSE From Deputy Corporation Counsel Joseph K. Kamelamela, dated August 25, 2010. 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. Hawai`i County Council -47 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT Page 13 September 9, 2010 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 September 7, 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. 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 location(s): • Kona Council Office, Kailua Trade Center, 75 -5706 Hanama Place, Suite 109, Kailua -Kona; and • County Council Room, 25 Aupuni Street, Hilo. Public Attendance via Videoconference is available at the locations(s) above and at the Waimea Council Office at the Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5, 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. 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, September 15 and 22, 2010, at 6 p.m.; Fridays, September 17 and 24, 2010, at 12 p.m.; and Sundays, September 19 and 26, 2010, at 9 a.m. These airtimes are subject to preemption by broadcasts from the State Legislature. Hawai`i County Council -47 UPCOMING MEETINGS Page 14 September 9, 2010 MONDAY, SEPTEMBER 20, 2010 COMMITTEES TBA SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, SEPTEMBER 21, 2010 COUNCIL 9:00 A.M. SHERATON KEAUHOU BAY RESORT & SPA TUESDAY, OCTOBER 5, 2010 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, OCTOBER 6, 2010 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street