Loading...
HomeMy WebLinkAboutAGE COUNCIL 09/21/2011 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 27 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, September 21, 2011 9:00 a.m. INVOCATION Pastor Koa Texeira of Solid Rock Ministries Mr. Hoffmann CALL TO ORDER 9:02 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-27 September 21, 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 May 4, 2011 Postponed: September 8, 2011 APPROVED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 123-11: APPROVES FOR INCLUSION IN THE 2012 HAWAI‘I STATE ASSOCIATION OF COUNTIES’ LEGISLATIVE PACKAGE REQUESTING THE LEGISLATURE OF THE STATE OF HAWAI‘I REMOVE THE CEILING ON THE COUNTIES’ SHARE OF THE TRANSIENT ACCOMMODATION TAX (TAT) The Governor, on June 9, 2011, signed into law Act 103, imposing a ceiling of $93,000,000 on the amount of TAT funds transferred to the counties from July 1, 2011 through June 30, 2015. Re: Comm. 313 Intr. by: Mr. Onishi Approve: GRC-5 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 2 Hawai‘i County Council-27 September 21, 2011 Res. 124-11: AUTHORIZES THE DIRECTOR OF FINANCE TO EXECUTE GRANT OF EASEMENTS IN FAVOR OF THE STATE OF HAWAI‘I, DEPARTMENT OF AGRICULTURE FOR IRRIGATION PURPOSES Authorizes the Finance Director to execute grant of easements in favor of the State of Hawai‘i, Department of Agriculture, for irrigation purposes over and across roadways within Tax Map Key No. (3)6-6-005 (certain parcel of land situated at Waikoloa, Lalamilo and Lihue, Waimea, and South Kohala). Re: Comm. 321 Intr. by: Mr. Blas Approve: PWPRC-35 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Res. 125-11: AMENDS SALARY ORDINANCE NO. 11-54 BY AMENDING SECTION 7.02(B) BY ADDING THE ACCOUNTANT IV CLASS OF WORK Request by the Office of Housing and Community Development to reallocate the position of Housing and Community Development Specialist V (SR-24) to Accountant IV (SR-24). Amends Ordinance No. 11-54 by adding the Account IV, SR-24 (BU-13) class, and renumbers all subsequent classes of work. Re: Comm. 322 Intr. by: Ms. Ford (B/R) Approve: FC-98 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 3 Hawai‘i County Council-27 September 21, 2011 Res. 126-11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF OCEAN SAFETY EQUIPMENT FOR USE BY THE HAWAI‘I FIRE DEPARTMENT’S OCEAN SAFETY DIVISION Donated by the Daniel Sayre Memorial Foundation, the equipment (Surftech rescue surfboards, Zoll automated external defibrillators, and Recreonics Fanon megaphones) would be used by the Fire Department’s Ocean Safety Division to facilitate delivery of safety services, preventive actions, and basic emergency life support by Water Safety Officers (valued at $9,963.36). Re: Comm. 323 Intr. by: Ms. Ford (B/R) Approve: FC-99 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 127-11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE U. S. DEPARTMENT OF JUSTICE PURSUANT TO HRS 46-7, FOR A JOINT HAWAI‘I AIRPORT TASKFORCE BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND THE HAWAI‘I POLICE DEPARTMENT Funds would be used to disrupt illicit drug traffic in Hawai‘i, gather and report intelligence data relating to trafficking in narcotics, and conduct covert operations. Re: Comm. 324 Intr. by: Ms. Ford (B/R) Approve: FC-100 ADOPTED: AYES: Council Members Blas, Hoffmann, Ikeda, Onishi, Pilago, Yoshimoto, and Chair Yagong – 7. NOES: Council Members Ford and Smart – 2. ABSENT: None. EXCUSED: None. Page 4 Hawai‘i County Council-27 September 21, 2011 Res. 128-11: AUTHORIZES THE ACQUISITION OF EASEMENTS IN PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3)4-5-002-061, SITUATED AT NAMOKU AND HAINA, DISTRICT OF HĀMĀKUA, COUNTY AND STATE OF HAWAI‘I, FOR ROAD AND UTILITY PURPOSES FOR THE HONOKA‘A WASTEWATER TREATMENT PLANT Authorizes the Corporation Counsel to initiate proceedings in eminent domain for the taking, acquisition, and condemnation of the easements in private property; and to negotiate terms of settlement in accordance with the approval of the court before which such proceedings are prosecuted, not to exceed the appraised values of $5,984 for Easement “E-1” (0.477 acre) and $2,342 for Easement “A” (0.256 acre). Re: Comm. 325 Intr. by: Ms. Ford Approve: FC-102 Note: First of two required readings, Section 101-13, Hawai‘i Revised Statutes PASSED FIRST OF TWO REQUIRED READINGS: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 129-11: AUTHORIZES THE DIRECTOR OF FINANCE TO COMPROMISE REAL PROPERTY TAXES OWED BY MANA CHRISTIAN OHANA ON A PARCEL IDENTIFIED AS TAX MAP KEY: (3)6-7-002-065 Authorizes the Finance Director to compromise the sum of $5,620.61 (the amount of taxes scheduled to be paid in February 2012), less the minimum tax of $50 (nonprofit minimum tax). Re: Comm. 326 Intr. by: Mr. Hoffmann Approve: FC-103 AMENDED TO DRAFT 2 AND ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 5 Hawai‘i County Council-27 September 21, 2011 Res. 138-11: APPROVES THE ESTABLISHMENT OF A SISTER-CITY RELATIONSHIP BETWEEN GOKSEONG COUNTY, SOUTH KOREA AND THE COUNTY OF HAWAI‘I, AND AUTHORIZING THE MAYOR OF THE COUNTY OF HAWAI‘I TO ENTER INTO A FORMAL SIGNED AGREEMENT Establishes a Sister-City Program between the County of Hawai‘i and Gokseong County, South Korea; and requests that the respective mayors execute the documents to put this relationship into effect. Re: Comm. 343 Intr. by: Mr. Ikeda Waived: GRC ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Res. 139-11: REQUESTS THE INCLUSION IN THE 2012 HAWAI‘I STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSED STATE BILL RELATING TO THE LABELING OF GENETICALLY ENGINEERED CROPS Enactment of this State legislation requiring the labeling of genetically engineered whole food products would meet the demand of Hawai‘i’s residents for a better informed choice concerning the foods they consume without bias towards the advantages or disadvantages of genetically engineered products. Re: Comm. 344 Intr. by: Mr. Hoffmann Waived: GRC ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 6 Hawai‘i County Council-27 September 21, 2011 Res. 140-11: REQUESTS THE HAWAI‘I STATE ASSOCIATION OF COUNTIES TO INCLUDE IN ITS 2012 LEGISLATIVE PACKAGE A RESOLUTION URGING THE LEGISLATURE OF THE STATE OF HAWAI‘I TO AMEND CHAPTER 188, HAWAI‘I REVISED STATUTES BY ADDING A NEW SECTION TO BE APPROPRIATELY DESIGNATED PROHIBITING THE SALE OF AQUATIC LIFE FOR AQUARIUM PURPOSES AND AMEND EXISTING SECTION 188F-4 REGARDING THE WEST HAWAI‘I REGIONAL FISHERY MANAGEMENT AREA PLAN AND SECTION 189-11 REGARDING RECEIPTS IN DUPLICATE The Council of the County of Hawai‘i desires to protect the reefs of the State of Hawai‘i, and promote increasing fish population that will continue to attract and sustain the tourist industry. Re: Comm. 345 Intr. by: Ms. Ford Waived: GRC AMENDED TO DRAFT 2 AND FILED: AYES: Council Member Ford – 1. NOES: Council Members Blas, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. ABSENT: None. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) Bill 82: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-280, Schedule 28 (no parking at any time), subsection (c), South Hilo, by adding: “East Puainako Street, south side, from Pilipaa Street to Ohuohu Street.” (Amendment based on a request to enhance vehicular and pedestrian safety in the area.) Re: Comm. 308 Intr. by: Mr. Blas Approve: PWPRC-31 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 7 Hawai‘i County Council-27 September 21, 2011 Bill 83: DESIGNATES TAX MAP KEYS (3)2-4-060:001 AND (3)2-4-029:028 AS “MACHADO ACRES PARK” PURSUANT TO CHAPTER 15, ARTICLE 8, SECTION 15-67, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) AND AMENDING CHAPTER 15, ARTICLE 8, SECTION 15-68.1, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING “MACHADO ACRES PARK” TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE Designates the name “Machado Acres Park” to the open area situated at Waiākea, South Hilo, pursuant to Chapter 15, which provides that an “open area” shall be named for its neighborhood, community, region, district or other identifying geographical location. Re: Comm. 317 Intr. by: Mr. Yoshimoto Approve: PWPRC-32 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. ;and Comm. 317.1: From Council Member J Yoshimoto, dated September 7, 2011, transmitting a map showing the location of “Machado Acres Park”, as requested by Council Member Brenda Ford at the Public Works and Parks and Recreation Committee meeting held on September 7, 2011. Bill 84: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-288.1, Schedule 36.1 (active loading and unloading zones), subsection (c), South Hilo, by adding: “( )Kīlauea Avenue, southwest side, beginning from a point thirty feet southeast of Wilson Street and extending forty feet in the southeasterly direction, from 7:00 a.m. to 6:00 p.m.” (Amendment based on an identified need for a short-term loading zone in the area.) Re: Comm. 319 Intr. by: Mr. Blas Approve: PWPRC-33 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 8 Hawai‘i County Council-27 September 21, 2011 Bill 85: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-281, Schedule 29 (parking prohibited during certain hours on certain streets; tow-away zone), subsection (c), South Hilo, by adding the following: “(29) Derby [Street] Lane, except for northeast side, from Wilson Street to southeastern terminus, [between the hours of] from 7:00 p.m. to 7:00 a.m.”; “(30) Wilson Street, except for northwest side, between Kīlauea Avenue and Derby Lane, [between the hours of] from 7:00 p.m. to 7:00 a.m.”; “( ) Wilson Street, northwest side, from a point thirty feet southwest of Kīlauea Avenue to a point thirty feet northeast of Derby Lane, from 10:00 p.m. to 5:00 a.m.; and “ ( ) Derby Lane, northeast side, from a point thirty feet southeast of Wilson Street and extending forty-five feet in the southeasterly direction, from 10:00 p.m. to 5:00 a.m.” (Amendment was generated based on a request to address parking needs in the area.) Re: Comm. 320 Intr. by: Mr. Blas Approve: PWPRC-34 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong – 9. NOES: None. ABSENT: None. EXCUSED: None. Bill 86: 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 – Hawai‘i Impact Grant ($51,607); and appropriates same to Federal Grants – Hawai‘i Impact Grant. Re: Comm. 324 Intr. by: Ms. Ford (B/R) Approve: FC-101 ST PASSED 1 READING: AYES: Council Members Blas, Hoffmann, Ikeda, Pilago, Yoshimoto, and Chair Yagong – 6. NOES: Council Members Ford and Smart – 2. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 9 Hawai‘i County Council-27 September 21, 2011 Bill 87: INITIATES A CHARTER AMENDMENT TO ARTICLE X, FINANCIAL PROCEDURES, SECTION 10-15, OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), REGARDING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND Amendments relate to the following: Appropriates funds to the operating budget a minimum of two percent of the certified real property tax revenues, including penalty and interest; funding shall consist of a minimum of two percent of actual revenue received in the fiscal year; and adds language relating to what the funds shall and shall not be used for, matching funds, and restrictive covenants regarding land and easement acquired through this fund. Re: Comm. 327 Intr. by: Ms. Ford Approve: FC-104 Note: First of three required readings, pursuant to Section 15-1(a), Hawai‘i County Charter, a 2/3 vote of the entire membership is required to pass each reading ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Pilago, Smart, Yoshimoto, and Chair Yagong – 7. NOES: Council Members Ikeda and Onishi – 2. ABSENT: None. EXCUSED: None. Bill 304 (Draft 3): AMENDS THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), (2008-2010) BY ADDING A NEW CHAPTER RELATING TO IMPACT FEES Creates an impact fee system enabling the County to impose a more proportionate share of the costs of required system improvements, based on the County’s General Plan and Community Development Plans, for the development that creates the need. Also assures that the development that pays each fee will receive a corresponding benefit within a reasonable period of time after the fee is paid. Re: Comm. 40.11 Intr. by: Mr. Hoffmann Approve: PC-28 AMENDED TO DRAFT 4 AND FILED: AYES: Council Members Blas, Ford, Hoffmann, and Smart – 4. NOES: Council Members Ikeda, Onishi, Pilago, Yoshimoto, and Chair Yagong – 5. ABSENT: None. EXCUSED: None. (For informational purposes, Mr. Blas voted “Kānalua” twice.) Page 10 Hawai‘i County Council-27 September 21, 2011 ORDER OF THE DAY (SECOND OR FINAL READING) 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 adds reference to the HRS for notice of regular, special, rescheduled, and emergency meetings. Re: Comm. 275 Intr. by: Ms. Ford First Reading: August 17, 2011 Second Rdg.: September 8, 2011 Note: Third of three required readings, pursuant to Section 15-1(a), Hawai‘i County Charter, a 2/3 vote of the entire membership is required to pass each reading PASSED THIRD OF THREE REQUIRED READINGS: AYES: Council Members Blas, Ford, Hoffmann, Pilago, Smart, Yoshimoto, and Chair Yagong – 7. NOES: Council Member Ikeda – 1. ABSENT: Council Member Onishi – 1. EXCUSED: None. Bill 81: 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 – Victims of Crime Act – American Recovery and Reinvestment Act (ARRA) ($8,892); and appropriates same to Victims of Crime Act – ARRA. Funds would be used to provide assistance to victims of felony and misdemeanor violent crimes. Re: Comm. 300 Intr. by: Ms. Ford (B/R) First Reading: September 8, 2011 nd PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 11 Hawai‘i County Council-27 September 21, 2011 Bill 88 (Draft 2): 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 Fund Balance From Previous Year ($450,000); and appropriates same to Transfer to Capital Projects Fund - Geothermal [Discretionary Road Projects, District 5-New Project Number 110.399.5390.58]. Funds would be used for the benefit of Lower Puna, including but not limited to, road improvements, water infrastructure development, land acquisition, parks and recreational facility needs, and civil defense mass transit improvements. Re: Comm. 331.2 Intr. by: Ms. Ford First Reading: September 8, 2011 nd PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. ; and Bill 89: AMENDS ORDINANCE NO. 11-60, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 Adds Public Works: Discretionary Road Projects-Geothermal Funds-Council District 5 ($450,000). Funds shall be provided from Transfer from Geothermal Relocation and Community Benefits Fund ($450,000). Funds would be used towards improvements of Kahakai Boulevard, Ka‘ohe Road, and Pāhoa Village Road. Re: Comm. 331 Intr. by: Mr. Blas First Reading: September 8, 2011 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter nd PASSED 2AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Pilago, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. Page 12 Hawai‘i County Council-27 September 21, 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 Reconsidered: August 17, 2011 POSTPONED TO THE OCTOBER 5, 2011 COUNCIL MEETING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: Council Member Pilago – 1. ABSENT: None. EXCUSED: None. (For informational purposes, Mr. Ford voted “Kānalua” twice.) REPORTS PC-27 (Comm. 316): Forwards a negative recommendation regarding the nomination of Mr. Christopher A. Manfredi to the Windward Planning Commission (due to a vote of 4-ayes and 5-noes). CONFIRMATION FAILS: AYES: Council Members Blas, Ikeda, Onishi, and Yoshimoto – 4. NOES: Council Members Ford, Hoffmann, Pilago, Smart, and Chair Yagong – 5. ABSENT: None. EXCUSED: None. Page 13 Hawai‘i County Council-27 September 21, 2011 REFERRALS FOR EXECUTIVE SESSION Comm. 359: DEMAND FROM TED HONG, ESQ., REGARDING DPW (DEPARTMENT OF PUBLIC WORKS) AND LEGISLATIVE AUDITOR From Assistant Corporation Counsel Katherine A. Garson, dated September 8, 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 matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council’s attorney on questions and issues pertaining to the Council’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to HRS Section 92-4 and Rules 2 and 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 TOUR OF THE NATURAL ENERGY LABS OF HAWAI‘I AUTHORITY (NELHA) ON SEPTEMBER 30, 2011: From Council Member Brittany Smart, dated September 14, 2011, announcing that there will be a NELHA tour scheduled on Friday, September 30, 2011, from 10 a.m. to 2 p.m. The tour will begin in the Keena Hana Building located at 73-4460 Queen Ka‘ahumanu Highway, Kailua-Kona (reference Communication 305.1). (Note: This tour is not a duly scheduled meeting of the Hawai‘i County Council.) ADJOURNMENT 7:06 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 September 19, 2011. Relay users please call 711(961-8255) to contact our office. 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 14 Hawai‘i County Council-27 September 21, 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. 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. 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: thththth Wednesdays, September 28 and October 5 at 6 p.m.; Fridays, September 30 and October 7 at 12 p.m.; and ndth Sundays, October 2 and 9 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 TUESDAY, OCTOBER 4, 2011 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, OCTOBER 5, 2011 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, OCTOBER 18, 2011 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, OCTOBER 19, 2011 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A THURSDAY, OCTOBER 27 2011 COUNCIL PUBLIC 5 P.M. PĀPA‘ALOA GYM HEARING RE BILL 17, 35-1994 Government Main Road, DRAFT 2 (PLASTIC BAG Pāpa‘aloa REDUCTION) Page 15