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HomeMy WebLinkAboutAGE COUNCIL 08/17/2011 2010-2012 ACTIONS DOMINIC YAGONG FRED BLAS BRENDA FORD Chairperson and Presiding Officer PETE HOFFMANN K. ANGEL PILAGO DONALD IKEDA DENNIS “FRESH” ONISHI Vice Chairperson BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 25 Session ORDER OF BUSINESS Hawai‘i County Council Council Room West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kona, Hawai‘i Wednesday, August 17, 2011 9:00 a.m. INVOCATION Pastor Terry Meechan of the Kona Faith Center CALL TO ORDER 9:05 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-25 August 17, 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 April 20, 2011 APPROVED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. COMMUNICATIONS Comm. 288: NOMINATION OF MS. DEBBIE A. HECHT (COUNCIL DISTRICT 8) TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION From Mayor Billy Kenoi, dated July 21, 2011, requesting the Council’s review and favorable confirmation of the above nomination. Waived: FC APPROVED: AYES: Council Members Blas, Ford, Hoffmann, Pilago, Smart, Yoshimoto, and Chair Yagong – 7. NOES: Council Members Ikeda and Onishi – 2. ABSENT: None. EXCUSED: None. Page 2 Hawai‘i County Council-25 August 17, 2011 ORDER OF RESOLUTIONS Res. 108-11: ACCEPTS THE DEDICATION OF LOT 4, BEING A PORTION OF TAX MAP KEY: (3)2-3-008:001, SITUATE AT PONAHAWAI, SOUTH HILO, COUNTY AND STATE OF HAWAI‘I, FROM K. TANIGUCHI, LTD. Containing an area of 86 square feet and located at the corner of Mamo Street-Keawe Street intersection, the road improvements have been inspected and approved by the Public Works Department, and dedication approval have been received by the Department of Water Supply, Planning Department, and Environmental Management Department. Re: Comm. 273 Intr. by: Mr. Blas Approve: PWPRC-26 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Onishi and Pilago – 2. EXCUSED: None. ACCEPTS THE GRANT OF EASEMENTS FROM CONTINENTAL PACIFIC, LLC Res. 109-11: FOR PUBLIC ACCESS PURPOSES Situated in Kapehu, Kaupakuea, Kahua, and Makahanaloa (District of South Hilo), the County would like to acquire pedestrian public access to and along the shoreline and sea cliffs at the Pepe‘ekeo Point area. Re: Comm. 278 Intr. by: Mr. Blas Approve: PWPRC-27 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Onishi and Pilago – 2. EXCUSED: None. Page 3 Hawai‘i County Council-25 August 17, 2011 Res. 110-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $1,200 TO THE DEPARTMENT OF PARKS AND RECREATION FOR IMPROVEMENTS AT RICHARDSON OCEAN PARK Donated by Frank and Michal Zimring, the funds would be used by the Parks and Recreation Department to install a six-foot bench and other improvements at Richardson Ocean Park. Re: Comm. 284 Intr. by: Ms. Ford (B/R) Approve: FC-92 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Onishi and Pilago – 2. EXCUSED: None. Res. 111-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $500 TO THE HAWAI‘I POLICE DEPARTMENT TO BE USED TO PURCHASE EQUIPMENT AND SUPPLIES FOR THE NATIONAL NIGHT OUT EVENT Donated by Target, the funds would be used by the Police Department to purchase equipment and supplies for the National Night Out Event held on August 2, 2011, at the Kailua-Kona Target store. Re: Comm. 285 Intr. by: Ms. Ford (B/R) Approve: FC-93 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 4 Hawai‘i County Council-25 August 17, 2011 Res. 112-11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF PHYSICAL FITNESS EQUIPMENT FOR USE IN THE HAWAI‘I POLICE DEPARTMENT PUBLIC SAFETY BUILDING’S WEIGHT ROOM Donated by an anonymous source, the nine pieces of physical fitness equipment (estimated value of $5,800) would be used in the Police Department Public Safety Building’s weight room. Re: Comm. 286 Intr. by: Ms. Ford (B/R) Approve: FC-95 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Onishi and Pilago – 2. EXCUSED: None. Res. 113-11: 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. 289 Intr. by: Ms. Ford Postponed: August 3, 2011 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Blas to adopt Resolution 113-11.) AMENDED TO DRAFT 2 AND 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 5 Hawai‘i County Council-25 August 17, 2011 Res. 114-11: 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 forth in “Exhibit A” (which is attached to this resolution). Re: Comm. 290 Intr. by: Ms. Ford Postponed: August 3, 2011 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Blas to adopt Resolution 114-11.) AMENDED TO DRAFT 2 AND 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. 115-11: 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. 291 Intr. by: Ms. Ford Postponed: August 3, 2011 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Blas to adopt Resolution 115-11.) AMENDED TO DRAFT 2 AND ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Smart, Yoshimoto, and Chair Yagong – 6. NOES: Council Member Onishi – 1. ABSENT: Council Members Ikeda and Pilago – 2. EXCUSED: None. Page 6 Hawai‘i County Council-25 August 17, 2011 Res. 121-11: AUTHORIZES A ZONING PRE-EMPTION FOR A LOW-INCOME HOUSING PROGRAM TO BE PROVIDED BY HOPE SERVICES HAWAI‘I, INC. Resolution 371-10 authorized the Office of Housing and Community Development (OHCD) to transfer 20 housing units located at Kawaihae to Council District 5. HOPE Services Hawai‘i, Inc., wishes to rehabilitate the units and make them available as housing for needy individuals and families, and requests a zoning exemption from Agriculture One-Acre (A-1a) to Multi-Family Residential Two Thousand (RM-2). Re: Comm. 302 Intr. by: Mr. Hoffmann 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. 122-11: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 2, MEETINGS The amendment clarifies those parts of Rule 2 that rely upon the provisions of the Hawai‘i Revised Statutes, and has also been reformatted as set forth in “Exhibit A” (which is attached to this resolution). Re: Comm. 303 Intr. by: Ms. Ford ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Onishi and Pilago – 2. EXCUSED: None. Page 7 Hawai‘i County Council-25 August 17, 2011 BILLS FOR ORDINANCES (FIRST READING) Bill 52: AMENDS CHAPTER 11, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO REMOVAL OF IN-LIEU FEES FROM AFFORDABLE HOUSING POLICY Amends Article 1, Section 11-5 by amending subsection (a) (regarding affordable housing requirements) relating to items (5) through (9); repeals Section 11-6 (Calculation of in lieu fee); amends Section 11-9 (Sale of lots and units) relating to items (a) and (b); and repeals Section 11-12 (Use of in lieu fees). Re: Comm. 201 Intr. by: Mr. Hoffmann Postponed: May 17 and June 1, 2011 (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Ms. Ford to approve Bill 52.) WITHDRAWN BY INTRODUCER Bill 72: INITIATES AN AMENDMENT TO ARTICLE XIII, SECTION 13-20 OF THE HAWAI‘I COUNTY CHARTER (2010), RELATING TO RECORDS AND MEETINGS OPEN TO THE PUBLIC Aligns the Hawai‘i County Charter with the provisions of the Hawai‘i Revised Statutes (HRS) with regard to meetings that may be called by the Hawai‘i County Council or a County board or commission. This proposal initiates an amendment to the Hawai‘i County Charter that would repeal provisions for notice that are no longer applicable to special meetings and add reference to the HRS for notice of regular, special, rescheduled, and emergency meetings. Re: Comm. 275 Intr. by: Ms. Ford Approve: GRC-4 2/3 Vote: First of three required readings, Section 15-1(a), Hawai‘i County Charter 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 8 Hawai‘i County Council-25 August 17, 2011 Bill 75: 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, eastbound approach to Bridge adjacent to parcels 4-4-2:5, 4-4-2:6, 4-4-9:3, and 4-4-9:8” and “Kalōpā Road, eastbound approach to Bridge adjacent to parcels 4-4-3:42, 4-4-4:6, 4-4-6:1, and 4-4-8:48.” The purpose of this measure is to establish right-of-way and to update the Hawai‘i County Code to match existing conditions. Re: Comm. 281 Intr. by: Mr. Blas Approve: PWPRC-28 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 76: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO LOADING ZONES Amends Section 24-288(c), by adding: “Kīlauea Avenue, southwest side, beginning from a point sixty-four feet northwest of Ponahawai Street and extending forty feet in the northwesterly direction.” The purpose of this measure is to address a request for a freight loading zone along Kīlauea Avenue to service the businesses in the area. Re: Comm. 282 Intr. by: Mr. Blas Approve: PWPRC-29 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 9 Hawai‘i County Council-25 August 17, 2011 Bill 77: 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 $9,200,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I Funds would be used for the following projects: 1) Kalaniana‘ole Interceptor Sewer Rehabilitation Phase II ($8,000,000), which involves the rehabilitation of the existing Kalaniana‘ole Avenue Interceptor from Kea‘a Street to the end of Keokea Loop Road where it is severely deteriorated; and 2) Kula‘imano and Pāpa‘ikou Dewatering ($1,200,000), which involves the replacement of sludge dewatering units at the Pāpa‘ikou and Kula‘imano Wastewater Treatment Plants. Re: Comm. 283 Intr. by: Ms. Ford (B/R) Approve: FC-91 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 78: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Contribution from Private Source ($500); and appropriates same to Kona Police-Other Current Expenses. Re: Comm. 285 Intr. by: Ms. Ford (B/R) Approve: FC-94 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 10 Hawai`i County Council-25 August 17,2011 Bill 79: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI'I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in HOME Program Income ($21,373.21) and HOME Program Income ($21,146.21), for a total of$42,519.42; and appropriates to Kaloko Housing Project County of Hawai`i ($21,373.21) and Tenant Based Rental County of Hawai`i ($21,146.21), for a total of$42,519.42. Re: Comm. 298 Intr. by: Mr. Hoffmann PASSED 1sT 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 80: AMENDS CHAPTER 11, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING POLICY The amendment deletes the in-lieu fee provisions,further clarifies the satisfaction of affordable housing requirements and the sale of lots and units requirements, and addresses other housekeeping issues. Re: Comm. 299 Intr. by: Mr. Hoffmann AMENDED TO DRAFT 2 AND PASSED 1ST READING: AYES: Council Members Bias, 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-25 August 17, 2011 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 66 (Draft 2): AMENDS SECTION 25-8-11 (LALAMILO-PU‘UKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – FORTY ACRES (A-40a) TO AGRICULTURAL – FIVE ACRES (A-5a) AT PU‘UKAPU, SOUTH KOHALA DISTRICT, HAWAI‘I, COVERED BY TAX MAP KEY: 6-4-017:042 (approx. 17.88 acres) The applicant, Cynthia Foster, intends to subdivide the property into three lots and will retain two of the lots for her and her family, and sell the remaining lot to help pay for the infrastructure and related costs of the proposed subdivision. Re: Comm. 257.2 Intr. by: Mr. Hoffmann First Reading: August 3, 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. (For informational purposes, Ms. Ford and Mr. Onishi voted “Kānalua” twice.) Bill 67: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants – United States Department of Transportation (US DOT) Extrication Training Grants ($24,000); and appropriates same to US DOT Extrication Training Grants. Re: Comm. 262 Intr. by: Ms. Ford (B/R) First Reading: August 3, 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 12 Hawai‘i County Council-25 August 17, 2011 Bill 68: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in State Grant – Domestic Violence Strategic Plan Grant ($10,000); and appropriates same to Domestic Violence Strategic Plan. The funds would be used for the coordination of the Oversight Body and Task Forces, as well as the implementation, management, and monitoring for compliance with the Strategic Plan. Re: Comm. 263 Intr. by: Ms. Ford (B/R) First Reading: August 3, 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 69: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Federal Grants – Elder Exploitation and Prosecution ($25,000); and appropriates same to Elder Exploitation and Prosecution. The funds would be used to enhance awareness and prevention of elder abuse and exploitation, and to expedite the prosecution of such cases. Re: Comm. 264 Intr. by: Ms. Ford (B/R) First Reading: August 3, 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 13 Hawai‘i County Council-25 August 17, 2011 Bill 70: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Contribution from Private Source ($1,000); and appropriates same to Office of Management – Other Current Expenses. Re: Comm. 265 Intr. by: Ms. Ford (B/R) First Reading: August 3, 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 71: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants – County of Hawai‘i Intelligent Transportation System (ITS) Architecture ($150,000); and appropriates same to County of Hawai‘i ITS Architecture. Re: Comm. 266 Intr. by: Ms. Ford (B/R) First Reading: August 3, 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 Financial Report: Preliminary Monthly Budget Status Report for the Month Ended June 30, 2011 from the Department of Finance. ACCEPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Page 14 Hawai‘i County Council-25 August 17, 2011 REFERRALS FOR EXECUTIVE SESSION Comm. 304: EXECUTIVE SESSION REGARDING THE COUNCIL TIP LINE From Chairperson Dominic Yagong, dated August 2, 2011, stating that he would like to share information received through the Council Tip Line. MOTION TO GO INTO EXECUTIVE SESSION FAILS DUE TO THE FOLLOWING VOTE, THEREFORE, COMMUNICATION 304 IS FILED: AYES: Council Members Blas, Ford, Hoffmann, Smart and Chair Yagong – 5. NOES: Council Members Onishi and Yoshimoto – 2. ABSENT: Council Members Ikeda and Pilago – 2. EXCUSED: None. The Council anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(2), for the purpose to consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held. 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. 128.5: REQUEST FOR RECONSIDERATON OF BILL 270, DRAFT 3, RELATING TO BUILDING From Council Vice-Chairperson K. Angel Pilago, dated August 1, 2011, stating that pursuant to Rule No. 15 of the Rules of Procedure and Organization of the Council of the County of Hawai‘i, he will be making a motion for reconsideration of Bill 270, Draft 3 MOTION TO RECONSIDER PASSES: AYES: Council Members Blas, Ikeda, Onishi, Pilago, Yoshimoto, and Chair Yagong – 6. NOES: Council Members Ford, Hoffmann, and Smart – 3. ABSENT: None. EXCUSED: None. (For informational purposes, Mr. Blas voted “Kānalua” twice.) ; and Page 15 Hawai‘i County Council-25 August 17, 2011 Bill 270 (Draft 3): REPEALS CHAPTER 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 (2008-2010) 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 replaces it with a new Chapter 5.) Re: Comm. 128.2 Intr. by: Mr. Yagong Postponed: September 9, 2010 March 16, 2011:Recommits Bill 270, Draft 2, to the Public Works and Parks and Recreation Committee First Rdg.: July 7, 2011 Second Rdg.: July 22, 2011 (Note: If the motion to reconsider Bill 270, Draft 3, is approved, a re-vote may be taken on Bill 270, Draft 3, at this meeting.) POSTPONED TO THE SEPTEMBER 21, 2011 COUNCIL MEETING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. (For informational purposes, Ms. Ford voted “Kānalua” twice.) ANNOUNCEMENTS ADJOURNMENT 2:55 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 August 15, 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 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 locations:  County Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401; and  Kona Council Room, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A. Page 16 Hawai‘i County Council-25 August 17, 2011 Public Attendance via Videoconference is available at the locations above and at the Waimea Council Office at the Holomua Center, 64-1067 Māmalahoa 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. fourteen (14) Submitting Testimony: Those submitting written testimony at the meeting should bring before 12:00 noon on the business day copies for distribution. Public testimony may also be submitted prior to the meeting :(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, Please 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@co.hawaii.hi.us. submit separate testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: thstthnd Wednesdays, August 24 and 31 at 6 p.m.; Fridays, August 26 and September 2 at 12 p.m.; and thth Sundays, August 28 and September 4 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 THURSDAY, AUGUST 25, 2011 COUNCIL PUBLIC 5 P.M. COUNCIL ROOM - HILO HEARING RE BILL 17, 25 Aupuni Street DRAFT 2 (PLASTIC BAG REDUCTION) WEDNESDAY, SEPTEMBER 7, 2011 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street THURSDAY, SEPTEMBER 8, 2011 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, SEPTEMBER 20, 2011 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, SEPTEMBER 21, 2011 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 17