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HomeMy WebLinkAboutAGE COUNCIL 05/04/2011 2010-2012 ACTIONSDOMINIC YAGONG Chairperson and Presiding Officer PETE HOFFMANN Vice Chair 15 Session COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 ORDER OF BUSINESS Hawaii County Council Council Room West Hawaii Civic Center 74 -5044 Ane Keohokalole Highway, Building A Kona, Hawaii Wednesday, May 4, 2011 9:00 a.m. INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE R. T. Bolerjack of Kona Church of Nazarene 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 -15 May 4, 2011 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR) APPROVAL OF MINUTES February 16, APPROVED AYES: NOES: ABSENT: EXCUSED: 2011 Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. None. Council Member Yoshimoto — 1. None. COMMUNICATIONS Comm. 177: HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) PROPOSED ANNUAL OPERATNG BUDGET FOR FISCAL YEAR 2012 From HSAC Secretary K. Angel Pilago, transmitting for Council's consideration and approval, HSAC'S proposed annual operating budget for FY 2012. Waived: GRC APPROVE (HSAC'S BUDGET AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. ORDER OF RESOLUTIONS Res. 46 -11 (Draft 2): AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE OF THREE COPIERS FOR THE HAWAII COUNTY POLICE DEPARTMENT The three copiers will be located at the Police Department's Public Safety Building Machine Room, and their Public Safety Building Records and Kona Patrol locations, and shall be leased for a period of five years at a cost not to exceed $850 per machine. Re: Comm. 129.2 Intr. by: Ms. Ford Approve: FC -37 Mtg. Cancelled: April 20, 2011 (due to technical complications) AMENDED TO DRAFT 3 AND ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Page 2 Hawaii County Council -15 ; and Comm. 129.3: From Council Member Brenda J. Ford, dated April 13, 2011, transmitting a proposed amendment to Resolution 46 -11, Draft 2, relating to the `BE IT FURTHER RESOLVED" clause. May 4, 2011 Res. 47 -11: ACCEPTS THE DEDICATION OF ROAD LOTS A AND B, BEING A PORTION OF TAX MAP KEY: (3)6 -4- 017:040, SITUATE AT PU`UKAPU HOMESTEADS, SECOND SERIES, WAIMEA, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAII, FROM ALAN Z. INABA, GORDON INABA, JASON K. INABA, AND MELVIN K. INABA Accepts the dedication of Road Lots A and B, containing an area of 0.164 and 0.193 acres, respectively (delineated in Exhibit "A "), including all subdivision improvements for roadway and drainage purposes. Re: Comm. 138 Intr. by: Mr. Blas Approve: PWPRC -17 Mtg. Cancelled: April 20, 2011 (due to technical complications) ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Res. 51 -11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $3,000 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT THE PAHALA AND NA`ALEHU SUMMER FUN PROGRAM Donated by `O Ka`u Kakou, the funds would be used to supplement program fees. (The Summer Fun Programs provide activities and excursions for children in grades 1 through 6.) Re: Comm. 146 Intr. by: Ms. Ford (B /R) Approve: FC -55 WITHDRAWN BY INTRODUCER Page 3 Hawaii County Council -15 May 4, 2011 Res. 52 -11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A CHOPPER SPOTTER TO THE HAWAII FIRE DEPARTMENT FOR USE TO HANDLE HELICOPTERS ON THE PAVEMENT Donated by the Daniel Sayre Memorial Foundation, this equipment valued at $11,149, will be used to provide a safer means to deploy a helicopter designated as Chopper I from the hanger when personnel are limited. Re: Comm. 147 Intr. by: Ms. Ford (B /R) Approve: FC -41 Mtg. Cancelled: April 20, 2011 (due to technical complications) ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Res. 53 -11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF EXERCISE EQUIPMENT TO THE DEPARTMENT OF PARKS AND RECREATION FOR USE AT THE PA`AUILO GYM Donated by Mr. Ed Allen, this equipment valued at $1,250, will be used at the Pa`auilo Gym. Re: Comm. 148 Intr. by: Ms. Ford (B /R) Approve: FC -42 Mtg. Cancelled: April 20, 2011 (due to technical complications) ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Page 4 Hawaii County Council -15 May 4, 2011 Res. 55 -11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE FOR ONE COPIER FOR THE DEPARTMENT OF PARKS AND RECREATION The copier will be located at the Parks and Recreation Department's Kona Coordinated Services for the Elderly and shall be leased for a period of five years at a cost not to exceed $500 per month (plus an amount not to exceed $0.03 for each black and white copy and $0.08 per color copy). Re: Comm. 150 Intr. by: Ms. Ford (B /R) Approve: FC -45 Mtg. Cancelled: April 20, 2011 (due to technical complications) ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Res. 56 -11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE FOR ONE COPIER FOR THE DEPARTMENT OF HUMAN RESOURCES The copier shall be leased for a period of five years at a cost not to exceed $325 per month (plus $0.0099 for each black and white copy in excess of the monthly print allowance and $0.0790 per color copy). Re: Comm. 151 Intr. by: Ms. Ford (B /R) Approve: FC -46 Mtg. Cancelled: April 20, 2011 (due to technical complications) ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Page 5 Hawaii County Council -15 May 4, 2011 Res. 59 -11: REQUESTS GOVERNOR NEIL ABERCROMBIE TO SET ASIDE SIXTY ACRES OF LAND LOCATED IN THE VICINITY OF MANINI`OWALI- AWAKE`E, NORTH KONA, HAWAII, FOR THE ESTABLISHMENT OF A WEST HAWAII MULTI - PURPOSE AND INTER- GENERATIONAL VETERANS CENTER On April 1, 2011, House Resolution No. 142 and House Concurrent Resolution No. 163 were re- referred to the Committee on Finance requesting that the Governor set aside and transfer 60 acres of land to support the establishment of this Center. (The Council concurs with the intent and purpose of House Resolution No. 142 and House Concurrent Resolution No. 163.) Re: Comm. 162 Intr. by: Mr. Pilago Approve: PWPRC -18 ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Res. 61 -11: ADOPTS AND SUPPORTS THE 2010 COUNTY OF HAWAII AGRICULTURE DEVELOPMENT PLAN Designed to gather maximum input from both the agriculture industry and the community, "The 2010 County of Hawaii Agriculture Development Plan" (Exhibit A) is intended as a guide to revitalize agriculture as a basis for economic development, creation of policies, allocation of resources, and advocacy for the stabilization and growth of agriculture within the County of Hawaii. Re: Comm. 164 Intr. by: Mr. Yoshimoto Approve: AWESC -1 ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. (For informational purposes, Ms. Ford voted "Kanalua" twice.) Page 6 Hawaii County Council -15 May 4, 2011 Res. 62 -11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $75 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT THE PANA`EWA RAINFOREST ZOO & GARDENS Donated by the Fraternal Order of Eagles, Kea`au Aerie 3642, funds would be used to help in the upkeep and maintenance of "our zoo." Re: Comm. 166 Intr. by: Ms. Ford (B /R) Approve: FC -49 ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Res. 64 -11: AMENDS THE R ULES OF PROCED URE AND ORGANIZATION OF THE CO UNCIL OF THE CO UNTY OF HAWAII BY AMENDING RULE NO. 17, AMENDMENTS AND REVISION The amendment adds language clarifying the "Amendments" section; adds subsections in the "Revisions" section regarding format, page numbering, font style and size, and that the updated Rules will be disseminated to Council Members in a binder. Re: Comm. 181 Intr. by: Ms. Ford ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Pilago, Smart, and Chair Yagong — 6. NOES: Council Members Ikeda and Onishi — 2. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Page 7 Hawaii County Council -15 May 4, 2011 Res. 65 -11: AMEND S THE R ULES OF PROCED URE AND ORGANIZATION OF THE COUNCIL OF THE COUNTYOFHAWAII BY AMENDING RULE NO. 32, PUBLIC HEARINGS The amendment adds a new Rule No. 32 entitled, "Public Hearings" and sets a 30 -day maximum time period for a public hearing with the chairperson defining the time, place, and location; and during the budget cycle, the budget amendments shall be heard within the 30 -day time period but no later than May 31S of the current fiscal year. Re: Comm. 182 Intr. by: Ms. Ford AMENDED TO DRAFT 2 AND ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Pilago, Smart, and Chair Yagong — 6. NOES: Council Members Ikeda and Onishi — 2. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Res. 66 -11: APPOINTS THE HAWAII COUNTY COUNCIL REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE EXECUTIVE COMMITTEE OF THE HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) Designates Council Member K. Angel Pilago as the HSAC Representative and Council Member Brittany Smart as the Alternate Representative, effective July 1, 2011 through June 30, 2012. Re: Comm. 183 Intr. by: Mr. Pilago Waived: GRC ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Page 8 Hawaii County Council -15 May 4, 2011 Res. 67 -11: SUPPORTS DECLARING THE MONTH OF MAY, 2011 "NATIONAL DRUG COURT MONTH" Supports the efforts of the National Association of Drug Court Professionals in increasing a nationwide awareness of Drug Courts and its mission; and acknowledges, congratulates, and thanks all of the practitioners and participants who have contributed to the growing success of the Drug Court Program. Re: Comm. 184 Intr. by: Mr. Yagong Waived: HSSPSC ADOPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) Bill 32: AMENDS CHAPTER 7 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), RELATING TO CIVIL DEFENSE, DISASTER CONTROL Prohibits unauthorized parking in a disaster and seeks to provide the Police Department with the authority to ticket and/or tow an unauthorized vehicle, in a disaster area, even if the owner is not present. Any person found guilty of violating this section will be subject to a fine not to exceed $35 and the vehicle towed and stored at the owners expense for each separate offense. Re: Comm. 124 Intr. by: Ms. Ford Approve: FC -36 Postponed: April 6, 2011 Mtg. Cancelled: April 20, 2011 (due to technical complications) (Note: There is a pending motion by Ms. Ford and duly seconded by Ms. Smart to approve Bill 32.) AMENDED TO DRAFT 2 AND PASSED 1 ST READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. ; and Comm. 124.1: From Council Member Brenda J. Ford, dated April 5, 2011, transmitting proposed amendments to Bill 32, relating to Section 7 -12 (Parking in designated area prohibited). Page 9 Hawaii County Council -15 May 4, 2011 Bill 34: 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 — THREE ACRES (A -3a) TO SINGLE - FAMILY RESIDENTIAL — 40,000 SQUARE FEET (RS -40) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2- 4- 070:PORTION 001 Michael and Marcia Frenz, Applicant; approx. 43,560 square feet. Re: Comm. 136 Intr. by: Mr. Hoffmann Approve: PC -15 Mtg. Cancelled: April 20, 2011 (due to technical complications) PASSED 1 ST READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Bill 35: PLANNING DIRECTOR INITIATED: AMENDS THE PUNA COMMUNITY DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08 -116 AND AMENDED BY ORDINANCE NO. 10 -104, RELATING MASS TRANSIT HELE -ON SERVICE TO THE HILO AND KEAHOLE INTERNATIONAL AIRPORTS Amends Chapter 4, Section 4.2 (Mass Transit), subsection 4.2.3 (Actions) of the Puna Community Development Plan (as amended), by adding a new paragraph (1), which expands the Hele -On transit service to include regular service to both the Hilo and Keahole International Airports from all existing and future routes. Re: Comm. 137 Intr. by: Mr. Hoffmann Approve: PC -16 Mtg. Cancelled: April 20, 2011 (due to technical complications) PASSED 1 ST READING AYES: Council Members Blas, Ford, Hoffmann, Pilago, Smart, and Chair Yagong — 6. NOES: Council Members Ikeda and Onishi — 2. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. (For informational purposes, Mr. Ikeda voted "Kanalua" and "no. ") Page 10 Hawaii County Council -15 May 4, 2011 Bill 36: PLANNING DIRECTOR INITIATED: AMENDS THE PUNA COMMUNITY DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08 -116 AND AMENDED BY ORDINANCE NO. 10 -104, RELATING TO TRANSPORTATION Amends Chapter 4, Section 4.5 (Non- Motorized Travel and Scenic Byways), subsection 4.5.3 (Actions), of the Puna Community Development Plan (as amended), paragraph (f), by deleting the restroom and emergency phone below Seaview before Kehena Beach; and adds the development of at least one scenic turnout near Kehena Beach that includes restroom facilities and an emergency phone. Re: Comm. 137 Intr. by: Mr. Hoffmann Approve: PC -17 Mtg. Cancelled: April 20, 2011 (due to technical complications) PASSED 1 ST READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, and Chair Yagong — 7. NOES: Council Member Onishi — 1. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Bill 37: PLANNING DIRECTOR INITIATED: AMENDS THE PUNA COMMUNITY DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08 -116 AND AMENDED BY ORDINANCE NO. 10 -104, RELATING TO COMMUNITY PARKS Amends Chapter 3, Section 3.5 (Parks and Recreation), subsection 3.5.3 (Actions), of the Puna Community Development Plan (as amended), paragraph (c), by amending the reference to developing community parks in the Hawaiian Acres area. Re: Comm. 137 Intr. by: Mr. Hoffmann Approve: PC -18 Mtg. Cancelled: April 20, 2011 (due to technical complications) PASSED 1 ST READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8 NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Page 11 Hawaii County Council -15 May 4, 2011 Bill 39: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALING ORDINANCE NO. 10 -46 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2011 The significant amendments relate to: Section 3, Rate of Compensation (B), the Office of the County Council amended to the Legislative Branch; Section 7, to be consistent, section 7.01 amended to read Legislative Branch, Office of the County Clerk renumbered to 7.01(a), and the Office of the Legislative Auditor renumbered to 7.01(b); and no adjustments were made to salaries. (This ordinance to take effect on July 1, 2011.) Re: Comm. 152 Intr. by: Ms. Ford (B /R) Approve: FC -47 Mtg. Cancelled: April 20, 2011 (due to technical complications) PASSED 1 ST READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Bill 42: AMENDS ORDINANCE NO. 03 -162 WHICH AMENDED ORDINANCE NO. 91 -91, WHICH CHANGED THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 1 ACRE (A -la) TO VILLAGE COMMERCIAL — 1 ACRE (CV -la) AT HOLUALOA 1 ST AND 2 NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7 -6- 008:005 (PORTION) Requests an amendment to Condition B of Ordinance No. 03 -162 to allow for an additional three years by which to secure final plan approval and complete construction of the proposed commercial development on the one -acre project site. (Applicant: Holualoa Inn; approx. 1 acre.) Re: Comm. 159 Intr. by: Mr. Hoffmann Approve: PC -19 AMENDED TO DRAFT 2 AND PASSED 1 ST READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Page 12 Hawaii County Council -15 May 4, 2011 Bill 43: AMENDS CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND Amends the following sections: Section 2 -217 relating to "Duties and responsibilities of the commission," subsections (2) and (3); and Section 2 -218 relating to "Prioritized list of qualifying lands worthy of preservation," subsection (a). Re: Comm. 165 Intr. by: Mr. Hoffmann Negative: FC -48 (due to a vote of 2 -ayes, 6 -noes, and I- absent) FILED DUE TO THE FOLLOWING VOTE AYES: Council Members Hoffmann and Smart — 2. NOES: Council Members Blas, Ford, Onishi, Pilago, and Chair Yagong — 5. ABSENT: Council Members Ikeda and Yoshimoto — 2. EXCUSED: None. (For informational purposes, Ms. Smart voted "Kanalua" twice; Mr. Blas voted "Kanalua" and "no. ") Bill 44: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in Federal Grants - Specialized Investigative Training ($23,736), and appropriates same to Specialized Investigative Training Grant. Funds would be used by the Police Department to improve their ability to respond to violent crimes against women through ongoing specialized training for the detectives of the Juvenile Aid Section. Re: Comm. 167 Intr. by: Ms. Ford (B /R) Approve: FC -50 PASSED 1 ST READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Page 13 Hawaii County Council -15 May 4, 2011 Bill 45: AMENDS CHAPTER 2, ARTICLE 16, SECTION 2 -101.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MILEAGE AND MEAL REIMBURSEMENTS FOR VOLUNTEER POLICE PERSONNEL Allows for the practice of providing meal allowances for volunteer police personnel who travel beyond the district adjacent to their usual place of work and have working hours that extend across normal meal times. The meal allowance shall not exceed the following rates: $5 (breakfast), $8 (lunch), and $15 (dinner). Re: Comm. 168 Intr. by: Ms. Ford (B /R) Approve: FC -51 PASSED 1 ST READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Bill 46: 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 Research and Development: Pa`auilo Plant and Slaughterhouse ($4,150,000); funds shall be provided from State Grant Receivables ($4,150,000). Funds would enable the local industry to increase the processing capacity of grass -fed beef by allowing local cattle producers to finish their product on- island rather than exporting to the mainland for final processing (will also address ongoing waste management issues through the conversion of waste materials into useful by- products). Re: Comm. 169 Intr. by: Ms. Ford (B /R) Approve: FC -52 2/3 Vote: Section 10 -6(d), Hawai`i County Charter PASSED 1 ST READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Page 14 Hawaii County Council -15 May 4, 2011 Bill 51: AMENDS CHAPTER 18, ARTICLE 4, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PUBLIC TRANSIT SYSTEM, ISLAND -WIDE FARE STRUCTURE The amendment proposes the following: 1) Establishes a $1 cash fare for riders of the Hele -On bus system, 2) Children under the age of five, senior citizens, individuals with disabilities, and students will be able to ride free of charge, and 3) For all other riders, a discount of 25 percent will be provided on a fare pre- payment program utilizing bus passes or bus tickets. (This amendment will take effect on July 1, 2011.) Re: Comm. 189 Intr. by: Ms. Ford (B /R) Waived: FC PASSED 1 ST READING AYES: Council Members Blas, Ikeda, Onishi, Pilago, Smart, and Chair Yagong— 6. NOES: Council Members Ford and Hoffmann — 2. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. (For informational purposes, Ms. Ford voted "Kanalua" and "no"; Mr. Ikeda, Mr. Onishi, and Ms. Smart voted "Kanalua" twice.) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 27: AMENDS CHAPTER 4, ARTICLE 4, DIVISION 2, SECTION 4 -25 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NOISY DOG; PROCEDURE FOR ABATEMENT OF NUISANCE The amendments relate to the following: Changes the title of Section 4 -25, deletes reference to the "police department" in item (a), deletes item (b) (relating to the "police department "), and re- numbers remaining item. Re: Comm. 100 Intr. by: Ms. Ford First Reading: April 6, 2011 Mtg. Cancelled: April 20, 2011 (due to technical complications) AMENDED TO DRAFT 2 AND PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Onishi, Pilago, and Smart — 6. NOES: Council Member Ikeda and Chair Yagong — 2. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. (For informational purposes, Mr. Onishi and Ms. Smart voted "Kanalua" twice.) Page 15 Hawaii County Council -15 May 4, 2011 Bill 31: REPEALS CHAPTER 2, ARTICLE 16, SECTION 2 -96 FROM THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MEAL ALLOWANCE FOR NONOVERNIGHT TRAVEL Eliminates the practice of providing meal allowances for employees who travel beyond the district adjacent to their usual place of work and have working hours that extend across normal meal times (effective on July 1, 2011). Re: Comm. 123 Intr. by: Ms. Ford First Reading: April 6, 2011 Mtg. Cancelled: April 20, 2011 (due to technical complications) PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Bill 38: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Appropriates revenues in Federal Grants — Distracted Driving Project ($25,278.40) and appropriates same to Distracted Driving Project. Funds would be used by the Police Department to reduce the number of drivers using an electronic mobile device while operating a motor vehicle by conducting checkpoints and issuing citations. Re: Comm. 149 Intr. by: Ms. Ford (B /R) First Reading: April 20, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Page 16 Hawaii County Council -15 May 4, 2011 Bill 40: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Appropriates revenues in Fund Balance Reserved for Liquor Control General ($18,000) and appropriates same to Public Programs. Funds would be used to help defray expenses and promote attendance at the Project Grad events providing an evening of alcohol /drug free activities for graduating seniors. The Department of Liquor Control supports activities and educational programs to prevent under age drinking. Re: Comm. 153 Intr. by: Ms. Ford First Reading: April 6, 2011 Mtg. Cancelled: April 20, 2011 (due to technical complications) PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, and Chair Yagong — 7. NOES: None. ABSENT: Council Members Onishi and Yoshimoto — 2. EXCUSED: None. Bill 41: 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: Construction of Island Wide Water Spigot Facilities — County ($60,000) funds shall be provided from General Obligation Bonds, Capital Projects Fund —Fund Balance and/or Other Sources ($5,500,000). Funds would be used for the County's portion of upgrading, improving, and providing new water spigot facilities in districts of Puna, North Hilo, South Kona, and Ka`u. Re: Comm. 155 Intr. by: Ms. Ford (B /R) First Reading: April 6, 2011 2/3 Vote: Section 10 -6(d), Hawai`i County Charter Mtg. Cancelled: April 20, 2011 (due to technical complications) PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, and Chair Yagong — 7. NOES: None. ABSENT: Council Members Smart and Yoshimoto — 2. EXCUSED: None. ; and Comm. 155.3: From Civil Engineer, Casey Yanagihara, Public Works Department, submits for information a series of maps. Page 17 Hawaii County Council -15 May 4, 2011 Bill 47: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in Kaloko Rental Housing Project Neighborhood Stabilization Program (NSP3) ($4,275,000) and appropriates to the following: Kaloko Rental Housing Project ($4,050,000) and Office of Housing and Community Development ($225,000), for a total of $4,275,000. Re: Comm. 172 Intr. by: Mr. Hoffmann First Reading: April 27, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Bill 48: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in Federal — 2011 HOME Program ($996,793) and appropriates to the following: Mohouli Heights Senior Neighborhood I — Hawai`i Island Community Development Corporation ($400,000), Tenant Based Rental Assistance — County of Hawaii ($311,793), Hawaiian Paradise Park Mutual Self -Help Project, Phase I — Hawai`i Island Community Development Corporation ($200,000), and Office of Housing and Community Development ($85,000), for a total of $996,793. Re: Comm. 173 Intr. by: Mr. Hoffmann First Reading: April 27, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. Page 18 Hawaii County Council -15 May 4, 2011 Bill 49: AMENDS ORDINANCE NO. 10 -59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in Federal — 2011 Block Grant ($2,983,865) and Block Grant Program- Income ($216,285.37), for a total of $3,200,150.37, and appropriates to the following: Kaloko Employment Training Facility ($964,730.37); Residential Emergency Repair Program ($335,000); Yano Hall — Re- Roofing Project ($250,000); Pahoa Fire Station — Fire Truck Acquisition ($600,000); Removal of Architectural Barriers — Americans with Disabilities Act Compliance — Various County Facilities ($700,000); and Administration, Planning and Fair Housing ($350,420), for atotal of $3,200,150.37. Re: Comm. 174 Intr. by: Mr. Hoffmann First Reading: April 27, 2011 PASSED 2 ND AND FINAL READING AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. REPORTS Financial Reports: Monthly Budget Status Reports for the Months Ended January 31, 2011 and February 28, 2011, from the Department of Finance. ACCEPTED AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, and Chair Yagong — 8. NOES: None. ABSENT: Council Member Yoshimoto — 1. EXCUSED: None. REFERRALS FOR EXECUTIVE SESSION Comm. 158: CLAIM AGAINST THE COUNTY OF HAWAI`UFARMERS INS RE: CLIFFORD ANTONIO From Deputy Corporation Counsel Brooks L. Bancroft, dated March 22, 2011. Postponed: April 6, 2011 Mtg. Cancelled: April 20, 2011 (due to technical complications) CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL AYES: Council Members Blas, Ford, Hoffmann, Pilago, Smart, and Chair Yagong — 6. NOES: None. ABSENT: Council Members Ikeda, Onishi, and Yoshimoto — 3. EXCUSED: None. Page 19 Hawaii County Council -15 May 4, 2011 ;and Comm. 158.1: From Deputy Corporation Counsel Brooks Bancroft, dated April 4, 2011, stating that Comm. 158 should not have included the name of "Farmers Insurance "; and Comm. 158.2: From Deputy Corporation Counsel Brooks Bancroft, dated April 4, 2011, submitting a "Claim Against the County of Hawaii /Clifford Antonio." Comm. 176: CAMERON CUARISMA V. DUWAYNE WAIPA, JR., ET AL.; CIVIL NO. 11- 00019BMK From Deputy Corporation Counsel Laureen L. Martin, dated April 12, 2011. CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL AYES: Council Members Blas, Ford, Hoffmann, Pilago, Smart, and Chair Yagong — 6. NOES: None. ABSENT: Council Members Ikeda, Onishi, and Yoshimoto — 3. EXCUSED: None. 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 3:53 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 May 2, 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. Page 20 Hawaii County Council -15 May 4, 2011 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 Member(s) will be present at the following locations: • County Council Room, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401; and • Kona Council Room, West Hawaii Civic Center, 74 -5044 Ane Keohokalole Highway, Building A. Public Attendance via Videoconference is available at the locations 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: s Wednesda May l P and 18 at 6 m.; Fridays, May 13 and 20 at 12 m.; and Sundays, 15 and 22n Y� Y P� � Y� Y P� s � Y� Y at 9 a.m. (These airtimes are subject to preemption by broadcasts from the State Legislature, and are subject to change by Na Leo `O Hawaii. Please check the current legislative broadcast schedule on the Na Leo `O Hawaii website at http: / /www.naleo.ty /schedule.) UPCOMING MEETINGS MONDAY, MAY 16, 2011 TUESD,n MAY 17 2044 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, MAY 17, 2011 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE COUNCIL 25 Aupuni Street WEDNESDAY, MAY 18, 2011 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, MAY 31, 2011 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, JUNE 1, 2011 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 21