Loading...
HomeMy WebLinkAboutAGE COUNCIL 03/21/2012 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 39 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, March 21, 2012 9:00 a.m. INVOCATION Pastor James “Tex” Texeira of Solid Rock Ministries - Kona CALL TO ORDER 9:03 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-39 March 21, 2012 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 July 7, 2011: Postponed – March 9, 2012 POSTPONED TO THE APRIL 4, 2012 COUNCIL MEETING: AYES: Council Members Blas, Ford, Onishi, Smart, Yoshimoto, and Chair Yagong – 6. NOES: None. ABSENT: Council Members Hoffmann, Ikeda, and Pilago – 3. EXCUSED: None. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 224-12: 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 FINANCE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for one copier to be used by the Finance Department’s Motor Vehicle Registration and Licensing Division, Hilo Driver Licensing, and Commercial Driver Licensing sections. The copier shall be leased at a cost not to exceed $195 per month, plus an amount not to exceed $0.02112 for each black and white copy in excess of the monthly print allowance. Re: Comm. 595 Intr. by: Ms. Ford (B/R) Approve: FC-201 ADOPTED: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Page 2 Hawai‘i County Council-39 March 21, 2012 Res. 225-12: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY Authorizes the Mayor to enter into a ten-year lease agreement, with one ten-year option to extend the lease, for office space (approximately 8,880 square feet) located at the Department of Water Supply, 345 Kekūanaōa Street, Hilo. By entering into this lease, and relocating the Departments of Environmental Management and Information Technology to this location, the County expects to save $170,000 over the course of the initial ten-years compared to present costs. Re: Comm. 596 Intr. by: Ms. Ford (B/R) Approve: FC-202 ADOPTED: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Res. 226-12: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO COPIERS FOR THE FINANCE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for two copiers with one copier stand to be used by the Finance Department’s Motor Vehicle Registration and Licensing Division, Kona Driver Licensing, Commercial Driver Licensing, and Periodic Motor Vehicle Inspection sections, as well as at the Vehicle Registration and Licensing Division, and Kona Motor Vehicle Registration section. The copiers shall be leased at a cost not to exceed $90 per month, plus an amount not to exceed $0.02508 for each black and white copy in excess of the monthly print allowance. Re: Comm. 597 Intr. by: Ms. Ford (B/R) Approve: FC-203 ADOPTED: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Page 3 Hawai‘i County Council-39 March 21, 2012 Res. 227-12: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO COPIERS FOR THE FINANCE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for two copiers with copier stands to be used by the Finance Department’s Motor Vehicle Registration and Vehicle Registration and License (VRL) Administration section, as well as at the Hilo Periodic Vehicle Inspection section locations. The copiers shall be leased at a cost not to exceed $240 per month, plus an amount not to exceed $0.0162 for each black and white copy in excess of the monthly print allowance. Re: Comm. 599 Intr. by: Ms. Ford (B/R) Approve: FC-205 ADOPTED: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Res. 228-12 (Draft 2): URGES THE HAWAI‘I STATE LEGISLATURE TO APPROPRIATE FUNDS FOR THE CONSTRUCTION OF AN ADULT DAY CARE FACILITY IN HILO Urges the Hawai‘i State Legislature to appropriate $7 million to the Hawai‘i Island Community Development Corporation for the construction of a new Hilo Adult Day Care facility. Hawai‘i Island Community Development Corporation proposes the construction of a new facility to be integrated into the Mohouli Senior complex being developed in Hilo. Re: Comm. 603.1 Intr. by: Mr. Onishi Approve: FC-206 ADOPTED: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Page 4 Hawai‘i County Council-39 March 21, 2012 Res. 231-12: APPOINTS THE HAWAI‘I COUNTY COUNCIL REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO SERVE ON THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE AND NOMINATING A REPRESENTATIVE TO SERVE AS A DIRECTOR ON THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS Appoints Council Member K. Angel Pilago as the representative to the Executive Committee of HSAC and as the director on the WIR Board of Directors. Appoints Council Member Brittany Smart as the alternate to Council Member K. Angel Pilago as the representative to the Executive Committee of HSAC. Re: Comm. 618 Intr. by: Mr. Pilago Waived: GRC ADOPTED: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Res. 233-12: URGES THE MAYOR TO ISSUE A REQUEST FOR PROPOSALS FOR A NONPROFIT ORGANIZATION TO GROW FOOD CROPS AND EXPLORE OTHER FOOD PRODUCTION ACTIVITIES ON COUNTY LANDS SITUATED IN PA‘AUILO (PORTION OF TAX MAP KEY: 4-2-5:005) TO PROVIDE FREE FOOD TO THE FOOD BASKET INC. AND ITS AFFILIATES THAT FEED THE HUNGRY Urges the Mayor to issue a request for proposals to allow a nonprofit entity to grow fresh produce, which would be donated to The Food Basket, Inc., and to educate residents on how to grow their own food. Further states that a partnership between the local hunters be explored to allow hunters to process wild game, and a partnership with the cattle industry be explored regarding a tax deductable donation of cattle be made to The Food Basket, Inc., to provide protein subsistence. Re: Comm. 628 Intr. by: Mr. Yagong Waived: AWESC ADOPTED: AYES: Council Members Blas, Ikeda, Smart, Yagong, Yoshimoto, and Acting Chair Ford – 6. NOES: None. ABSENT: Council Members Hoffmann, Onishi, and Pilago – 3. EXCUSED: None. Page 5 Hawai‘i County Council-39 March 21, 2012 BILLS FOR ORDINANCES (FIRST READING) Bill 138 (Draft 2): AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – THREE ACRES (A-3a) TO FAMILY AGRICULTURAL – ONE ACRE (FA-1a) AT PONAHAWAI, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-5-040:019 (Applicant: Marc and Desiree Butz; Area: 4.747 Acres) From Mayor William P. Kenoi, dated October 20, 2011, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern. The applicants request a Change of Zone from Agricultural-3 acres (A-3a) to Family Agricultural-1 acre (FA-1a) in order to subdivide the property into two parcels consisting of a 1-acre lot and a 3.747-acre lot. Re: Comm. 451.5 Intr. by: Mr. Ikeda Approve: PC-45 ST AMENDED TO DRAFT 3 AND PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, and Yoshimoto – 6. NOES: Council Chair Yagong – 1. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. (For informational purposes, Mr. Onishi voted “Kānalua” twice.) Bill 180: AMENDS CHAPTER 24, ARTICLE 8, DIVISION 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RESERVED PARKING AT COUNTY FACILITIES Redefines the responsibility of the Director of Public Works, eliminates the monthly rental charge paid by County employees and officials for parking stalls at three County buildings, establishes priorities for assigning reserved parking spaces, and eliminates any shifting of reserved parking privileges. Re: Comm. 559 Intr. by: Ms. Ford Negative: FC-207 FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Blas, Ford, Smart, and Chair Yagong – 4. NOES: Council Members Ikeda, Onishi, and Yoshimoto – 3. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. (For informational purposes, Mr. Blas and Ms. Smart voted “Kānalua” twice.) Page 6 Hawai‘i County Council-39 March 21, 2012 Bill 184: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 3 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BUS STOPS AND PUBLIC ROAD TAXI STANDS Amends Chapter 24, Article 10, Division 3, Section 24-275.1, Schedule 23.1 (Public road taxi stand locations), subsection (f), Kona, by revising an existing item: “(1) Ka‘ahumanu Place, [beginning from a point twenty-two feet north of the entrance to Kailua Pier, extending north for a distance of thirty-two feet. Two parallel parking stalls will be established in this location] at its western terminus, in the four signed and marked stalls, from 6:00 a.m. to 6:00 p.m.” This amendment increases the number of parking stalls along Ka‘ahumanu Place. Re: Comm. 577 Intr. by: Mr. Blas Approve: PWPRC-71 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Bill 185: 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 anytime), subsection (f), Kona, by deleting paragraph 25 and renumbered as required: “[(25) Access road to the Kailua Bay Wharf at the northern terminus of Ali‘i Drive, also known as Ka‘ahumanu Place.]” This amendment converts this part of Ka‘ahumanu Place to a non stopping, standing, or parking zone. Re: Comm. 578 Intr. by: Mr. Blas Approve: PWPRC-72 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Smart, Yoshimoto, and Chair Yagong – 6. NOES: None. ABSENT: Council Members Hoffmann, Onishi, and Pilago – 3. EXCUSED: None. Page 7 Hawai‘i County Council-39 March 21, 2012 Bill 186: 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 (f), Kona, by adding a new item and renumbered as required: “( ) Ka‘ahumanu Place, south side, one hundred twenty feet west of Ali‘i Drive and extending fifty six feet in the easterly direction, from 6:00 a.m. to 6:00 p.m. everyday.” This amendment provides a tow-away zone within an existing passenger zone area to discourage motorists from misusing the loading zone. Re: Comm. 579 Intr. by: Mr. Blas Approve: PWPRC-73 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Smart, Yoshimoto, and Chair Yagong – 6. NOES: None. ABSENT: Council Members Hoffmann, Onishi, and Pilago – 3. EXCUSED: None. Bill 187: 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 24-286, Schedule 34 (No stopping, standing or parking areas), subsection (f), Kona, by adding a new item and renumbered as required: “( ) Ka‘ahumanu Place, north side, except for signed and marked ADA accessible parking stalls and loading zone.” This amendment discourages motorists from stopping, standing, or parking in the subject area and blocking through traffic. Re: Comm. 580 Intr. by: Mr. Blas Approve: PWPRC-74 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Smart, Yoshimoto, and Chair Yagong – 6. NOES: None. ABSENT: Council Members Hoffmann, Onishi, and Pilago – 3. EXCUSED: None. Page 8 Hawai‘i County Council-39 March 21, 2012 Bill 188: 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 24-287, Schedule 35 (Passenger loading zones), subsection (f), Kona, by adding two new items and renumbered as required: “( ) Ka‘ahumanu Place, north side, first marked diagonal stall, one hundred twenty-two feet west of Ali‘i Drive, from 6:00 a.m. to 6:00 p.m.” and “( ) Ka‘ahumanu Place, south side, one hundred twenty feet west of Ali‘i Drive and extending fifty six feet in the easterly direction, from 6:00 a.m. to 6:00 p.m. everyday.” These amendments shortens the times the loading zones are in effect to allow the zones to be used as parking outside of the specified time. Re: Comm. 581 Intr. by: Mr. Blas Approve: PWPRC-75 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Smart, Yoshimoto, and Chair Yagong – 6. NOES: None. ABSENT: Council Members Hoffmann, Onishi, and Pilago – 3. EXCUSED: None. Bill 189: AMENDS CHAPTER 24, ARTICLE 8, DIVISION 1, SECTION 24-197 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING, STANDING, AND STOPPING Amends Chapter 24, Article 8, Division 1, Section 24-197 (Parking prohibited during certain hours), subsection (a), by revising paragraph (a): “(a) When official signs are erected giving notice thereof, no person shall stop, stand or park a vehicle any longer than is reasonably necessary to take on or discharge passengers or freight, upon any of the streets or portions thereof within the County, between the hours, indicated on such signs, of any day, except Sundays and public holidays or as otherwise listed in Schedule 29, Section 24-281.” This amendment allows more flexibility when parking is prohibited during certain hours. Re: Comm. 582 Intr. by: Mr. Blas Approve: PWPRC-76 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Smart, Yoshimoto, and Chair Yagong – 6. NOES: None. ABSENT: Council Members Hoffmann, Onishi, and Pilago – 3. EXCUSED: None. Page 9 Hawai‘i County Council-39 March 21, 2012 Bill 190: AMENDS CHAPTER 24, ARTICLE 8, DIVISION 1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING REGULATIONS Amends Chapter 24, Article 8, Division 1, Section 24-202.1 (Parking prohibited in tow or tow-away zones), paragraph (a), by revising paragraph (a): “(a) When official signs are erected designating a street or portion thereof as a tow or tow-away zone, no person shall stop, stand or park a vehicle, even momentarily, between the hours indicated on such sign; provided, however, that stops may be made for the expeditious loading or unloading of freight and passengers in official loading and unloading zones; and provided, further, that buses may stop for the expeditious loading and unloading of passengers in official bus stops. In no case shall the stop for the loading or unloading of freight [exceed thirty minutes and for the loading and unloading of] and passengers exceed [three minutes] the time as established by the pertinent zones. Provided, however, that when requested for noncommercial or nonbusiness purposes only, the County council may by resolution suspend for a period of not more than one week any parking prohibition herein provided.” This amendment allows for expeditious loading and unloading of passengers in designated loading and unloading zones intended for in tow or tow-away zones. Re: Comm. 583 Intr. by: Mr. Blas Approve: PWPRC-77 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Smart, Yoshimoto, and Chair Yagong – 6. NOES: None. ABSENT: Council Members Hoffmann, Onishi, and Pilago – 3. EXCUSED: None. Page 10 Hawai‘i County Council-39 March 21, 2012 Bill 191: AMENDS CHAPTER 24, ARTICLE 8, DIVISION 3, SECTION 24-212 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING, STANDING, AND STOPPING Amends Chapter 24, Article 8, Division 3, Section 24-212 (Parking in bus stops and road taxi stands prohibited), subsections (c) and (d), by adding new paragraphs (c) and (f) and renumbered as required: “(c) When the provisions of this section are not in effect, vehicles may park in bus stops unless otherwise prohibited by this chapter.” and “(f) When the provisions of this section are not in effect, vehicles may park in road taxi stands unless otherwise prohibited by this chapter.” These amendments provides more parking in heavily used areas such as Ali‘i Drive and Downtown Hilo by allowing parking within bus stops and road taxi stands when bus stops and road taxi stands are not in effect. Re: Comm. 584 Intr. by: Mr. Blas Approve: PWPRC-78 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Smart, Yoshimoto, and Chair Yagong – 6. NOES: None. ABSENT: Council Members Hoffmann, Onishi, and Pilago – 3. EXCUSED: None. Bill 193: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Chapter 24, Article 10, Division 2, Section 24-265(a), Schedule 13 (Yield locations), paragraph (a), Hāmākua, by revising an existing item: “(11) Kalōpā Road, [east]westbound approach to Bridge adjacent to parcels 4-4-2:5, 4-4-2:6, 4-4-9:3, and 4-4-9:8.” This amendment reverses the yield direction to provide improved sight distance and added safety for crossing the bridge. Re: Comm. 590 Intr. by: Mr. Blas Approve: PWPRC-79 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Page 11 Hawai‘i County Council-39 March 21, 2012 Bill 194: 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 Grants – Area Plan on Aging ($10,550); and appropriates same to Area Plan on Aging. Funds would be used by the Office of Aging to continue implementation of the Chronic Disease Self Management Program (CDSMP). Re: Comm. 598 Intr. by: Ms. Ford (B/R) Approve: FC-204 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Bill 196: AMENDS CHAPTER 14, ARTICLE 1, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ALCOHOLIC BEVERAGES Amends Section 14-6, Penalty, by deleting the fine of $500 and adds the following language: “A violation of this article shall constitute a petty misdemeanor. Any person violating any provision of this article shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be punishable by a term of imprisonment of not more than thirty days, a fine not to exceed $1000, or both.” Re: Comm. 602 Intr. by: Mr. Ikeda Approve: HSSPSC-10 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Page 12 Hawai‘i County Council-39 March 21, 2012 Bill 207: 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 Grant: Strategic Prevention Framework (SPF) – State Incentive Grant Phase II ($500); and appropriates same to SPF – State Incentive Grant Phase II. Funds would be used to conduct one or more Town Hall meeting(s) on underage drinking prevention during the month of March and/or April 2012. Re: Comm. 619 Intr. by: Ms. Ford (B/R) Waived: FC ST PASSED 1 READING: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 181: AMENDS CHAPTER 24, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Chapter 24, Article 7, Division 2, Section 24-149, by adding: “(b) Any person who violates any provision of section 24-149(a)(3)(A) or section 24-149 (a)(3)(B) shall upon conviction be subject to fines equal to two times the fines as provided for in section 24-16.” Re: Comm. 565 Intr. by: Mr. Hoffmann First Reading: March 9, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Page 13 Hawai‘i County Council-39 March 21, 2012 Bill 195: 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 Grant: Strategic Prevention Framework (SPF) – State Incentive Grant Phase II ($132,129.05); and appropriates same to SPF – State Incentive Grant Phase II. Funds would be used to continue the implementation of Phase II of the Strategic Prevention Framework-State Incentive Grant program. Currently, there are 12 community-based nonprofit organizations implementing evidence based curriculum at 19 different program sites. Re: Comm. 600 Intr. by: Ms. Ford (B/R) First Reading: March 9, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. REPORTS Financial Report: Monthly Budget Status Report for the Month Ended January 31, 2012, from the Department of Finance. ACCEPTED: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. PC-44 (Comm. 588): Recommends the confirmation of Ms. Josephine L. Tanimoto to the South Kohala Community Development Plan Action Committee. APPROVED: AYES: Council Members Blas, Ford, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 7. NOES: None. ABSENT: Council Members Hoffmann and Pilago – 2. EXCUSED: None. Page 14 Hawai‘i County Council-39 March 21, 2012 REFERRALS FOR EXECUTIVE SESSION Comm. 629: REQUEST FOR EXECUTIVE SESSION REGARDING ANY AND ALL CLAIMS, ADMINISTRATIVE APPEALS, AND OTHER RELATED LEGAL HEARINGS AND MATTERS (INCLUDING PRESENT AND SUBSEQUENT LITIGATION INVOLVING THE COUNTY) PERTAINING TO GLEN SHIKUMA, PATRICIA NAKAMOTO, SHYLA AYAU AND AN UNNAMED FORMER EMPLOYEE OF THE COUNTY OF HAWAI‘I: A REQUEST TO HIRE SPECIAL COUNSEL TO REPRESENT ONLY THE COUNTY OF HAWAI‘I IN THE AFOREMENTIONED LEGAL MATTERS AND AREAS; SAID REQUEST FOR SPECIAL COUNSEL IS NOT FOR THE PURPOSE OF HIRING ATTORNEYS FOR THE AFOREMENTIONED FORMER EMPLOYEES, OR FOR ANY COUNCIL MEMBER OR THE COUNTY CLERK WHO MAY BE SUED IN THEIR INDIVIDUAL CAPACITIES From Corporation Counsel Lincoln S. T. Ashida, dated March 14, 2012. THE MOTION TO CONCUR WITH THE RECOMMENDATION OF CORPORATION COUNSEL THAT THE HAWAI‘I COUNTY COUNCIL AUTHORIZE THE HIRE OF SPECIAL COUNSEL TO REPRESENT ONLY THE COUNTY OF HAWAI‘I IN ANY AND ALL CLAIMS, ADMINISTRATIVE APPLEALS, AND OTHER RELATED LEGAL HEARINGS AND MATTERS INCLUDING PRESENT AND SUBSEQUENT LITIGATION INVOLVING THE COUNTY PERTAINING TO GLEN SHIKUMA, PATRICIA NAKAMOTO, SHYLA AYAU, AND AN UNNAMED FORMER EMPLOYEE OF THE COUNTY OF HAWAI‘I; THE REQUEST FOR SPECIAL COUNSEL IS NOT FOR THE PURPOSE OF HIRING ATTORNEYS FOR THE AFOREMENTIONED FORMER EMPLOYEES OR FOR ANY COUNCIL MEMBER OR THE COUNTY CLERK WHO MAY BE SUED IN THEIR INDIVIDUAL CAPACITIES; THE TOTAL AMOUNT TO BE PAID TO SPECIAL COUNSEL, IF HIRED, SHALL NOT EXCEED $100,000, FAILED DUE TO THE TO THE FOLLOWING VOTE: AYES: Council Members Blas, Ikeda, Onishi, and Yoshimoto – 4. NOES: Council Members Ford, Smart, and Chair Yagong – 3. ABSENT: Council Members Hoffmann and Pilago – 2. 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 ADJOURNMENT 3:15 P.M. Page 15 Hawai‘i County Council-39 March 21, 2012 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 places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by March 19, 2012. 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  Kona Council Room, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A Public Attendance via Videoconference is available at the locations above and at the Waimea Council Office (Holomua Center, 64-1067 Māmalahoa Highway, Suite 5), and at the Pāhoa Council Office (Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 304), 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://www.hawaiicounty.gov/lb-council-meeting. 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: ththththst Wednesdays, April 4 and 11 at 6 p.m.; Fridays, March 30 and April 6 at 12 p.m.; and Sundays, April 1 th and 8 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.) Page 16 Hawai‘i County Council-39 March 21, 2012 UPCOMING MEETINGS TUESDAY, APRIL 3, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, APRIL 4, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, APRIL 11, 2012 SPECIAL MEETING OF TBA TBA THE FINANCE COMMITTEE THURSDAY, APRIL 12, 2012 SPECIAL MEETING OF TBA TBA THE FINANCE COMMITTEE FRIDAY, APRIL 13, 2012 SPECIAL MEETING OF TBA TBA THE FINANCE COMMITTEE Page 17