HomeMy WebLinkAboutAGE COUNCIL 07/07/2011 2010-2012 ACTIONS
DOMINIC YAGONG FRED BLAS
BRENDA FORD
Chairperson and Presiding Officer
PETE HOFFMANN
DONALD IKEDA
K. ANGEL PILAGO DENNIS “FRESH” ONISHI
BRITTANY SMART
Vice Chair
J YOSHIMOTO
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
nd
22 Session
ORDER OF BUSINESS
Hawai‘i County Council
25 Aupuni Street
Hilo, Hawai‘i
Thursday, July 7, 2011
9:00 a.m.
INVOCATION Pastor Richard Ragle of the Hilo Church of the Nazarene
CALL TO ORDER 9:10 A.M.
PLEDGE OF ALLEGIANCE
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Hawai‘i County is an Equal Opportunity Provider and Employer.
Hawai‘i County Council-22 July 7, 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 LUNCH BREAK CLOSE TO THE NOON HOUR)
APPROVAL OF MINUTES
COMMUNICATIONS
ORDER OF RESOLUTIONS
Res. 79-11 (Draft 2): AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT
DOMAIN, TAX MAP KEY: (3)9-2-150-060, SITUATED AT KAHUKU, DISTRICT
OF KA‘Ū, COUNTY AND STATE OF HAWAI‘I, FOR THE OCEAN VIEW
RECYCLING AND TRANSFER STATION, ALSO KNOWN AS OCEAN VIEW
RECYCLING POINT AND CONVENIENCE CENTER PROJECT
The Corporation Counsel is authorized to initiate proceedings in eminent domain, as
provided by law, for the taking, acquisition and condemnation of the private property
(containing an area of 21.6397 acres) for compensation not to exceed the current
appraised value of $248,000; and is also authorized to negotiate terms of settlement in
accordance with the approval of the court before which said proceedings are
prosecuted.
Re: Comm. 211.3
Intr. by: Ms. Ford
First Reading: June 15, 2011
Note: Second of two required readings, Section 101-13,
Hawai‘i Revised Statutes
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Page 2
Hawai‘i County Council-22 July 7, 2011
Res. 84-11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TWO WORKS OF ART
FROM BLAISE DOMINO, ARTIST, FOR DISPLAY IN HILO AND KONA
Donated by Mr. Blaise Domino of the Picture Map Company (valued at $3,000 each),
the two giclee on canvas of his historical map, “Island of Hawai‘i,” will be displayed in
the Mayor’s Hilo and Kona office reception areas.
Re: Comm. 230
Intr. by: Ms. Ford (B/R)
Approve: FC-71
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Res. 87-11: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE
COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 14,
MOTIONS
The amendment clarifies the motion making process set forth in “Exhibit A” (which is
attached to this resolution).
Re: Comm. 237
Intr. by: Ms. Ford
WITHDRAWN BY INTRODUCER
Res. 94-11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE RESEARCH CORPORATION OF THE UNIVERSITY
OF HAWAI‘I (RCUH), PURSUANT TO HRS 46-7, TO DEVELOP A DRUG
ABUSE MONITORING AND ASSESSMENT SYSTEM
Pursuant to Section 46-7 authorizes the Mayor to execute on behalf of the County, an
agreement and related documents with RCUH in order to develop a drug abuse
monitoring and assessment system, which will enhance ongoing criminal justice and
community-based strategies to address methamphetamine use, related behavioral health
issues, and abuse of other drugs.
Re: Comm. 250
Intr. by: Ms. Ford (B/R)
Waived: FC
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Page 3
Hawai‘i County Council-22 July 7, 2011
Res. 95-11: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT(S)
Transfers/appropriates $1,500,000 out and from Grants to Nonprofit Organization
account and credits to the following: Young Women Christian Association Sex
Assault Support ($20,000); Brantley Center ($15,000); Salvation Army-Youth
Services-Puna ($15,000); Family Support Services of West Hawai‘i ($55,000);
Children Justice Center-West Hawai‘i ($15,000); Big Island Substance Abuse-West
Hawai‘i ($15,000); Kapi‘olani Medical Center for Women and Children-Child
Protection Center ($20,000); Children Justice Center-East Hawai‘i ($15,000); Mental
Health Kokua ($5,000); ARC of Hilo ($15,000); Kona Adult Day Center ($15,000);
Hawai‘i Center for Independent Living ($10,000); Big Island Substance Abuse-East
Hawai‘i ($15,000); Bridge House ($15,000); Child & Family Services-Therapeutic
Foster/Home ($15,000); Special Olympics-East Hawai‘i ($15,000); Kona Literacy
Council ($2,000); American Red Cross ($15,000); Hawai‘i Island Adult Care-Hilo
Adult Care Centers ($15,000); West Hawai‘i Mediation ($8,000); Goodwill
Industries-Work Experience ($10,000); Special Olympics–West Hawai‘i ($12,000);
Ka Hale O Na Keiki ($8,000); Boys & Girls Club-Big Island ($20,000); The Arc of
Kona ($10,000); Hawai‘i Island Human Immunodeficiency Virus/Acquired
Immunodeficiency Syndrome Foundation Hilo ($10,000); Hawai‘i Island
Virus/Acquired Immunodeficiency Syndrome Foundation Kona ($10,000); Young
Men’s Christian Association-Partners with Youth Services ($20,000); Habitat for
Humanity Kona ($20,000); Kuikahi Mediation Center ($11,000); Boys & Girls Club-
Hāmākua ($15,000); Boys & Girls Club-Kea‘au ($15,000); Boys & Girls Club-Ocean
View ($25,000); Boys & Girls Club-Pāhala ($20,000); Boys & Girls Club-Pāhoa
($15,000); Keaukaha One Youth Development ($8,000); Neighborhood Place of Puna
($21,000); Salvation Army Independent Living ($15,000); Child & Family Services-
Transitional Housing ($17,000); Child & Family Services-Alternatives to Violence
($17,000); Child & Family Services-West Hawai‘i Domestic ($17,000); Friends of
Big Island Drug Court ($8,000); Goodwill Industries-Job Connection ($10,000);
Lyman Museum-Educational & Public Programs ($10,000); Palekana Kai Ocean
Safety, LLC ($20,000); West Hawai‘i Community Health Center ($10,000); American
Cancer Society ($10,000); Arts & Science Center ($25,000); Kalauonaonoeo Puna
($10,000); Neighborhood Place of Kona ($11,000); Puna Community Medical Center
($115,000), Sure Foundation-Yeshua Outreach Center ($50,000); Volunteer Legal
Services Hawai‘i ($35,000); Young Women Christian Association-Healthy Start
Program ($60,000); Big Island Substance Abuse Council -Kokua Employee
Assistance Program ($7,000); Dragons Eye Learning Center ($1,000); Grassroots
Community Development-Kea‘au Youth ($35,000); Habitat for Humanity Hilo
($18,000); Hale Kipa-Intensive In-Home ($15,000); Hāmākua Youth Foundation
($15,000); Hawai‘i Island Workforce and Economic Development Ohana-Going
Home ($15,000); Hawai‘i Island Workforce and Economic Development Ohana-
Huiana Internship ($15,000); Kona Historical Society ($8,000); O Ka‘u Kakou
($15,000); Puna Men’s Chorus ($1,000); Green Will Conservancy-Hui Mana‘o
($1,000); Hawai‘i County Economic Opportunity Council-Food Service Training
Program ($50,000); Hawai‘i County Economic Opportunity Council-Garden
(The accounts continue on the next page.)
Page 4
Hawai‘i County Council-22 July 7, 2011
Education ($40,000); Hawai‘i County Economic Opportunity Council-Youth
Mentoring ($58,000); Hawai‘i Future Farmers Association Foundation ($24,000);
Hope Services Hawai‘i-Beyond Shelter ($10,000); Hope Services Hawai‘i-Care-A-
Van ($10,000); Hope Services Hawai‘i-HOPE Resource Center ($12,000); Hope
Services Hawai‘i-Kaloko Transitional Housing ($20,000); Hope Services Hawai‘i-
Kihei Pua Emergency Shelter ($10,000); Hope Services Hawai‘i-West Hawai‘i
Emergency Housing ($10,000); Hui Malama Ola Na ‘Oiwi-Kokua Hali Health
Transportation ($20,000); Hui Malama Ola Na ‘Oiwi -Mai Ka Mala‘ai Diabetes
($5,000); Hui Malama Ola Na ‘Oiwi -No Ka Wahine ($15,000); Hui Pono
Holoholona ($11,000); Kohala Community Resource Center ($15,000); Ku Aloha Ola
Mau ($5,000); National Kidney Foundation of Hawai‘i ($19,000); YARH - Youth At
Risk Hawai‘i ($15,000), for a total of $1,500,000. Transfers $1,500,000 from the
Grants to Nonprofit Organization account to the individual accounts as recommended
by the Committee on Human Services, Social Services and Public Safety pursuant to
Council Communication No. 94.2.
Re: Comm. 251
Intr. by: Ms. Ford (B/R)
Waived: FC
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Res. 96-11: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE
COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 19,
ORDER AND DECORUM IN COUNCIL AND COMMITTEE MEETINGS
The amendment clarifies member conduct ensuring civility and fairness at every
meeting as set forth in “Exhibit A” (which is attached to this resolution).
Re: Comm. 252
Intr. By: Ms. Ford
WITHDRAWN BY INTRODUCER
Res. 97-11: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE
COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 5,
COMMITTEES
The amendment clarifies standing committees, referrals to standing committees, and
the responsibilities of the committee chairperson as set forth in “Exhibit A” (which is
attached to this resolution).
Re: Comm. 253
Intr. by: Ms. Ford
WITHDRAWN BY INTRODUCER
Page 5
Hawai‘i County Council-22 July 7, 2011
Res. 98-11: APPROVES THE COST ADJUSTMENTS AND BENEFITS FOR EXCLUDED
EMPLOYEES OF THE LEGISLATIVE BRANCH OF THE COUNTY OF
HAWAI‘I
Effective July 1, 2011, all changes related to the cost and administration of the benefit
plans afforded by the EUTF that take effect for bargaining unit employees, shall also
apply to eligible County employees in the Legislative Branch who are appointed or
excluded from Bargaining Units 02, 03, 04, and 13 in the EMCP, or in appointed or
elected positions.
Re: Comm. 258
Intr. by: Ms. Ford
Waived: FC
ADOPTED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
BILLS FOR ORDINANCES (FIRST READING)
Bill 59: PLANNING DIRECTOR INITIATED: AMENDS ORDINANCE NO. 03-82 WHICH
AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL –
20,000 SQUARE FEET (ML-20) TO INDUSTRIAL-COMMERCIAL MIXED USE –
20,000 SQUARE FEET (MCX-20) AT WAIĀKEA, SOUTH HILO, HAWAI‘I,
COVERED BY TAX MAP KEY: 2-2-035:061 (approx. 21,050 square feet)
The proposed amendment to Condition F will allow the landowner to dispose of
development-generated wastewater in a manner meeting the approval of the State
Department of Health.
Re: Comm. 225
Intr. by: Mr. Hoffmann
Approve: PC-22
ST
PASSED 1 READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Page 6
Hawai‘i County Council-22 July 7, 2011
Bill 60: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
MOVING VEHICLES
Amends Section 24-265(a) by adding: “Kalōpā Road, westbound approach to
Bridge No. 44-9” and “Kalōpā Road, Westbound approach to Bridge No. 44-10.”
Re: Comm. 228
Intr. by: Mr. Blas
Approve: PWPRC-19
ST
PASSED 1 READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Bill 268 (Draft 2): AMENDS CHAPTER 9 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS
(2008-2010) 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). (There are substantial
changes to most sections.)
Re: Comm. 874.3
Intr. by: Mr. Hoffmann
Waived: PWIRC
Postponed: September 9, 2010
March 16, 2011: Recommits Bill 268, Draft 2, to the Public Works and
Parks and Recreation Committee
Approve: PWPRC-20
ST
AMENDED TO DRAFT 3 AND PASSED 1 READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
; and
Comm. 126.5: From Public Works Director Warren H. W. Lee, dated June 22, 2011, transmitting a
proposed amendment to Bill 268, Draft 2 (amends Section 24 by changing the effective
date from “thirty” to “ninety” days after approval).
Page 7
Hawai‘i County Council-22 July 7, 2011
Bill 269 (Draft 2): AMENDS CHAPTER 17 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS
(2008-2010) 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). (There are substantial changes to most
sections.)
Re: Comm. 875.6
Intr. by: Mr. Enriques
Waived: PWIRC
Postponed: September 9, 2010
March 16, 2011: Recommits Bill 269, Draft 2, to the Public Works and
Parks and Recreation Committee
Approve: PWPRC-21
ST
AMENDED TO DRAFT 3 AND PASSED 1 READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
; and
Comm. 127.1: From Public Works Director Warren H. W. Lee, dated June 22, 2011, transmitting a
proposed amendment to Bill 269, Draft 2 (amends Section 14 by changing the effective
date from “thirty” to “ninety” days after approval).
Bill 270 (Draft 2): REPEALS CHAPTER 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS
(2008-2010) 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 replaces it with a new Chapter 5.)
Re: Comm. 876.7
Intr. by: Mr. Enriques
Waived: PWIRC
Postponed: September 9, 2010
March 16, 2011: Recommits Bill 270, Draft 2, to the Public Works and
Parks and Recreation Committee
Approve: PWPRC-22
ST
AMENDED TO DRAFT 3 AND PASSED 1 READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Page 8
Hawai‘i County Council-22 July 7, 2011
; and
Comm. 128.1: From Public Works Director Warren H. W. Lee, dated June 22, 2011, transmitting a
proposed amendment to Bill 270, Draft 2 (amends Section 5 by changing the effective date
from “thirty” to “ninety” days after approval).
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 53: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION
CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC
IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF $2,300,000
GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE
PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC
IMPROVEMENTS OF THE COUNTY OF HAWAI‘I
The State Department of Health indicates that funding through the State Water Pollution
Control Revolving Fund Loan Program will be available for the Pua Sewage Pump
Station-Pump Replacement Project, which is scheduled to start in the first quarter of
FY11-12 (and is included in the proposed FY11-12 Capital Improvement Program
Budget).
Re: Comm. 213
Intr. by: Ms. Ford (B/R)
First Reading: June 15, 2011
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Bill 54: AMENDS CHAPTER 12, ARTICLE 3, OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION, AS AMENDED), RELATING TO IMPROVEMENTS BY
ASSESSMENTS
Relating to the administration of Improvement Districts, the purpose of this bill is to
improve efficiency and reduce costs by allowing additional options in tax assessment
frequency contained in Section 12-34, and by amending the default criteria contained in
Section 12-40 to allow for consolidation of delinquencies for foreclosure proceedings
when it is in the best interest of the County.
Re: Comm. 215
Intr. by: Ms. Ford (B/R)
First Reading: June 15, 2011
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Page 9
Hawai‘i County Council-22 July 7, 2011
Bill 55: AMENDS CHAPTER 12, ARTICLE 1, 2, AND 5 OF THE HAWAI‘I COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO IMPROVEMENTS
BY ASSESSMENTS
The purpose of this bill is to amend the chapter to align and coordinate the respective
responsibilities and involvement of various County departments with respect to
improvement districts and to clarify and revise certain provisions relating to such
provisions.
Re: Comm. 216
Intr. by: Ms. Ford (B/R)
First Reading: June 15, 2011
ND
PASSED 2 AND FINAL READING:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
REPORTS
PC-20 Forwards to Council a negative recommendation of the confirmation of
(Comm. 224): Mr. Henry K. Kaaihue, Jr., to the Board of Appeals due to the following vote:
4-ayes, 1-no, 4-absent.
APPROVED:
AYES: Council Members Blas, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 7.
NOES: Council Member Ford – 1.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
PC-21 Recommends the confirmation of Mr. Wayne Joseph to the Board of Appeals.
(Comm. 226):
APPROVED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Page 10
Hawai‘i County Council-22 July 7, 2011
EMC-2 Recommends the confirmation of Ms. Anne M. Lee to the Environmental
(Comm. 223): Management Commission.
APPROVED:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
EMC-3 Recommends the confirmation of Mr. Thomas Randle to the Environmental
(Comm. 223): Management Commission.
APPROVED:
AYES: Council Members Blas, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 7.
NOES: Council Member Ford – 1.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
REFERRALS FOR EXECUTIVE SESSION
Comm. 197: COUNTY OF HAWAI‘I V. UNIDEV, ET. AL. CIVIL NOS. 09-01-264K & 10-1-0427K
From Deputy Corporation Counsel Laureen L. Martin, dated May 3, 2011.
Postponed: June 15, 2011
CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL:
AYES: Council Members Blas, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 7.
NOES: Council Member Ford – 1.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Comm. 236: CLAIM AGAINST THE COUNTY/CHRISTOPHER SPENSE
From Deputy Corporation Counsel Kyle Chang, dated June 14, 2011.
CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL:
AYES: Council Members Blas, Ford, Hoffmann, Ikeda,
Onishi, Smart, Yoshimoto, and Chair Yagong – 8.
NOES: None.
ABSENT: Council Member Pilago – 1.
EXCUSED: None.
Page 11
Hawai‘i County Council-22 July 7, 2011
Comm. 254: HIRING OF SPECIAL COUNCIL FOR WORKERS COMPENSATION DIVISION
From Corporation Counsel Lincoln S. T. Ashida dated, June 1, 2011. States that they
anticipate discussion on pricing information protected from present disclosure pursuant to
Chapter 103D, Hawai‘i Revised Statues, as amended.
CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL:
AYES: Council Members Blas, Hoffmann, Ikeda,
Onishi, Smart, and Chair Yagong – 6.
NOES: Council Member Ford – 1.
ABSENT: Council Member Pilago – 1.
EXCUSED: Council Member Yoshimoto – 1.
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.)
Comm. 64.94: REQUEST TO RESCIND THE MOTION FOR PUBLIC HEARINGS RE BILL 17,
DRAFT 2, (RELATING TO PLASTIC BAG REDUCTION)
From Council Member Brenda J. Ford, dated June 23, 2011, requesting this matter
be placed on the agenda under “Other Business.” States she anticipates making a
motion to rescind the public hearings that was approved at the Council’s March 2,
2011 meeting. (If the motion to rescind is approved, Bill 17, Draft 2, will be live on
the floor at second reading.)
WITHDRAWN BY INTRODUCER
; and
(Bill 17, Draft 2, continues on the next page.)
Page 12
Hawai‘i County Council-22 July 7, 2011
Bill 17 (Draft 2): AMENDS CHAPTER 14, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS
AMENDED) BY ADDING A NEW ARTICLE RELATING TO PLASTIC BAG
REDUCTION
Reduces the use of plastic bags and encourages the use of environmentally
preferable alternatives, such as reusable bags (addresses only plastic shopping bags
distributed to customers at checkout). States the Environmental Management
Director shall administer this article including providing education and
enforcement, and shall adopt administrative rules including defining permissible
bags and establishing penalties pursuant to Hawai‘i Revised Statutes, Chapter 91,
within 180 days from the effective date of this ordinance.
Re: Comm. 64.56
Intr. by: Mr. Hoffmann
First Reading: February 16, 2011
Postponed: March 2, 2011
Public Hearing: June 7, 2011
WITHDRAWN BY INTRODUCER
(Note: Public hearings have been scheduled on the following dates: July 13, 2011
(Pāhoa Community Center), July 26, 2011 (Nā‘ālehu Community Center),
August 25, 2011 (Hilo Council Room), October 27, 2011 (Pāpa‘aloa Gym), and
November 15, 2011 (West Hawai‘i Civic Center Council Room).)
(Note: There is a pending motion by Mr. Hoffmann, and duly seconded by
Ms. Ford to approve Bill 17, Draft 2).
ANNOUNCEMENTS
ADJOURNMENT 1:30 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 July 5, 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.
Public Attendance via Videoconference is available at the following locations:
Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A; and
Waimea Council Office at the Holomua Center, 64-1067 Māmalahoa Highway, Suite 5.
Page 13
Hawai‘i County Council-22 July 7, 2011
If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the
scheduled meeting will continue.
fourteen (14)
Submitting Testimony: Those submitting written testimony at the meeting should bring copies for
before 12:00 noon on the business day prior to the
distribution. Public testimony may also be submitted
meeting
:(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by
Please submit separate
facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@co.hawaii.hi.us.
testimony for each item.
Viewing of Meetings on Government Access Television - Channel 52:
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Wednesdays, July 13 and 20 at 6 p.m.; Fridays, July 15 and 22 at 12 p.m.; and Sundays, July 17 and 24 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 Hawai‘i. Please check the current legislative broadcast schedule on the Na Leo ‘O Hawai‘i
website at http://www.naleo.tv/schedule.)
UPCOMING MEETINGS
WEDNESDAY, JULY 13, 2011
COUNCIL PUBLIC 5 P.M. PĀHOA COMMUNITY CENTER
HEARING RE BILL 17, 15-3022 Kauhale Street Highway,
DRAFT 2 (PLASTIC BAG Pāhoa
REDUCTION)
TUESDAY, JULY 19, 2011
THURSDAY, JULY 21, 2011
COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
WEDNESDAY, JULY 20, 2011
FRIDAY, JULY 22, 2011
COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER
āl
74-5044 Ane Keohokole Highway
Building A
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