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Home My WebLink AboutAGE COUNCIL 01/05/2011 2010-2012 ACTIONSDOMINIC YAGONG Chairperson and Presiding Officer PETE HOFFMANN Vice Chair 3rd gegqinn COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 ORDER OF BUSINESS INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE Hawaii County Council Sheraton Keauhou Bay Resort and Spa 78 -128 Ehukai Street Kailua -Kona, Hawaii Wednesday, January 5, 2011 9:00 a.m. Pastor Jason Meechan of Thy Word Ministries 9:04 a.m.'' FRED BLAS BRENDA FORD DONALD IKEDA DENNIS "FRESH" ONISHI K. ANGEL PILAGO BRITTANY SMART J YOSHIMOTO (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council -3 Page 2 January 5, 2011 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A L UNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES COMMUNICATIONS November 4, 2010 Comm. 42: TRAINING MANUAL FOR COUNCIL MEMBERS: HOW TO DRAW REDISTRICTING PLANS THAT WILL STAND UP IN COURT From Council Member Brenda J. Ford, dated December 22, 2010, transmitting a manual from Peter S. Wattson, Senate Counsel Minnesota, entitled, "How to Draw Redistricting Plans that Will Stand Up in Court." States that this manual will assist Council Members with the 2011 redistricting process. Waived: GRC Hawaii County Council -3 Page 3 January 5, 2011 ORDER OF RESOLUTIONS Res. 25 -11: AMENDS THE R ULES OF PROCED URE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII, BY AMENDING RULE NO. 14 TO INSERT PROTOCOL LANGUAGE FOR COUNCIL - INITIATED AMENDMENTS TO THE SUBDIVISION CONTROL CODE AND ZONING CODE OF THE HAWAII COUNTY CODE, AND BY AMENDING RULE NO. 27 CLARIFYING THE DEFINITION OF A STAFF POSITION From Council Chairperson Dominic Yagong, dated December 22, 2010, transmitting proposed amendments to: Rule 14 relating the to disposal of council - initiated bills amending the subdivision control code and zoning codes by the appropriate committee and not by the Committee on Planning; and Rule 27(c)(2) clarifying the position title of Deputy Executive Assistant to the Chairperson. Re: Comm. 43 Intr. by: Mr. Yagong Waived: GRC BILLS FOR ORDINANCES (FIRST READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 1: AMENDS CHAPTER 2, ARTICLE 4, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW SECTION RELATING TO CHANGE ORDERS AND CONTRACT SUPPLEMENTS Requires the Finance Director to notify the Council of all change orders and contract supplements executed by the County no later than 30 days after the authorization of the change order or contract supplement. Notification shall be provided by submitting a report to be placed on the Finance Committee agenda. Re: Comm. 7 Intr. by: Mr. Yagong First Reading: December 15, 2010 Hawaii County Council -3 Page 4 January 5, 2011 Bill 306: AMENDS CHAPTER 25, HAWAII COUNTY CODE 1983 (2005 EDITION, AS (2008 -2010) AMENDED) RELATING TO FILING FEE FOR A USE PERMIT APPLICATION Increases the filing fee of a Use Permit application from $250 to $500 (to make it consistent with the filing fees for other Planning Commission applications which became effective in April 2010). Re: Comm. 964 Intr. by: Mr. Ikeda First Reading: December 15, 2010 Bill 316: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 (2008 -2010) EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Article 10, Division 2, Section 24 -264, Schedule 12 (Stop intersections), Subsection (b) North Hilo, by adding: "Ochiro Camp Road, approach to Papa`aloa Road "; and "Spencer Road, approach to Manowai`6pae Homestead Road." Re: Comm. 991 Intr. by: Mr. Enriques Hawaii County Council -3 Page 5 January 5, 2011 Bill 317 AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 (Draft 2): EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC (2008 -2010) Amends Article 8, Division 1, Section 24 -190, Item (3), by adding: "Within thirty feet on both the approach and departure side of a crosswalk on a two -way street; within thirty feet on the approach side only of a crosswalk on a one -way street; or within a distance up to seventy -five feet of a crosswalk when appropriate signs or markings are installed." Re: Comm. 44 Intr. by: Ms. Ford First Reading: December 15, 2010 Bill 318: AMENDS CHAPTER 24 OF THE HAWAII COUNTY CODE 1983 (2005 (2008 -2010) EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Article 10, Division 2, Section 24 -264, Schedule 12 (Stop intersections), Subsection (g) Puna, by adding: "Momona Road, approach to Huina Road." Re: Comm. 993 Intr. by: Mr. Enriques First Reading: December 15, 2010 Bill 326 AMENDS CHAPTER 29, HAWAII COUNTY CODE 1983 (2005 EDITION), (Draft 2): RELATING TO WATER USE AND DEVELOPMENT (2008 -2010) This measure proposes to amend sections of Chapter 29, including the provisions already contained in the State Water Code (Hawai`i Revised Statutes Chapter 174C), to adopt the updated Hawaii County Water Use and Development Plan, and amends the provisions regarding the future updating of the Hawaii County Water Use and Development Plan. Re: Comm. 4 Intr. by: Mr. Ikeda First Reading: December 15, 2010 Hawaii County Council -3 Page 6 January 5, 2011 REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 10.2: REQUESTS DISCUSSION WITH CORPORATION COUNSEL REGARDING THE PROCEDURES TO WAIVE ATTORNEY- CLIENT PRIVILEGE From Council Member Brenda J. Ford, dated December 20, 2010, requesting a discussion between the Council and Corporation Counsel regarding the procedures to waive attorney - client privilege and any concerns regarding this issue). The Council anticipates convening an executive meeting regarding the above matters, 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.) ANNOUNCEMENTS ADJOURNMENT 11:24 a.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 January 3, 2011. 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 Hawaii Revised Statutes (hereinafter "HRS ") §92 -3.5, the Hawaii County Council will be conducting this meeting via videoconference. Council Members will be present at the following location(s): Sheraton Keauhou Bay Resort and Spa, 78 -128 Ehukai Street, Kona; and County Council Room, 25 Aupuni Street, Hilo. Hawaii County Council -3 Page 7 January 5, 2011 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 Testimony 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, Hawaii, 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to counciltestimon v a,co.hawaii.hi.us Please submit separate testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: Wednesdays, January 12 and 19 at 6 p.m.; Fridays, January 14 and 21s' at 12 p.m.; and Sundays, January 16 and 23r at 9 a.m. (These airtimes are subject to preemption by broadcasts from the State Legislature.) UPCOMING MEETINGS THURSDAY, JANUARY 20, 2011 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, FEBRUARY 1, 2011 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, FEBRUARY 2, 2011 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street