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Home My WebLink AboutAGE COUNCIL 2018/09/19 2016-2018 Hawaii County Clerk 09/11/2018 12:21:26 PM VALERIE T.POINDEXTER tY OF p AARON S.Y.CHUNG oN•• �`� Chairwoman&Presiding Officer �?•'��"' '•,,� MAILE MEDEIROS DAVID DRU MAMO KANUHA KAREN EOFF +: c Vice Chair SUSAN L. K.LEE LOY EILEEN O'HARA f''dF'N►�'� HERBERT M. "TIM"RICHARDS,III JENNIFER RUGGLES COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 49th Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii September 19, 2018 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Barney Munnalall of Lifewater Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Serving the Interests of the People of Our Island Hawai`i County is an Equal Opportunity Provider and Employer. Hawai'i County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT,AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) APPROVAL OF MINUTES September 7, 2016 August 22, 2018 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 665-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY POLICE DEPARTMENT Funds in the amount of$113,387 would be used to purchase a driving simulator for the Police Department's Emergency Vehicle Operator Course as well as remedial training of employees involved in traffic collisions. Reference: Comm. 1038 Intr. by: Ms. David (B/R) Approve: FC-136 Res. 667-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE FRIENDS OF HOKULE`A AND HAWAI`ILOA FOR HOKULE`A'S RETURN OF NA POHAKU TO PU`UKOHOLA HEIAU AT KAWAIHAE Transfers $1,000 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1043 Intr. by: Mr. Richards Page 2 Hawai'i County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 Res. 668-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE FRIENDS OF HOKULE`A AND HAWAI`ILOA FOR THE HOKULE`A'S CEREMONIAL RETURN OF NA POHAKU TO PU`UKOHOLA HEIAU IN WEST HAWAII Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1044 Intr. by: Ms. Eoff Res. 669-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION, INC., TO PURCHASE A MEMORIAL STONE FOR THE SCATTERING GARDEN AT THE WEST HAWAII VETERANS CEMETERY-PU`U HO`OMAHA O NA PO`E KOA O HAWAII KOMOHANA Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1045 Intr. by: Ms. Eoff Res. 670-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION, INC., TO PURCHASE A MEMORIAL STONE FOR THE SCATTERING GARDEN AT THE WEST HAWAII VETERANS CEMETERY-PU`U HO`OMAHA O NA PO`E KOA O HAWAII KOMOHANA Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1046 Intr. by: Mr. Kanuha Page 3 Hawai'i County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 Res. 671-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION, INC., TO PURCHASE A MEMORIAL STONE FOR THE SCATTERING GARDEN AT THE WEST HAWAII VETERANS CEMETERY-PU`U HO`OMAHA O NA PO`E KOA O HAWAII KOMOHANA Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1047 Intr. by: Ms. David Res. 672-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA`U RURAL HEALTH COMMUNITY ASSOCIATION, INC., FOR THE 8TH ANNUAL FLOATING LANTERN CELEBRATION Transfers $1,000 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1048 Intr. by: Ms. David Res. 673-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2018 HAWAII ISLAND VETERANS DAY PARADE Transfers $500 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1049 Intr. by: Ms. David Page 4 Hawai'i County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 Res. 674-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR THE 2018 HAWAII ISLAND WOMEN'S LEADERSHIP SUMMIT Transfers $1,000 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1050 Intr. by: Ms. David Res. 675-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE TO ASSIST WITH EXPENSES RELATED TO THE 2018 HAWAII ISLAND WOMEN'S LEADERSHIP SUMMIT Transfers $500 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1051 Intr. by: Ms. Lee Loy Res. 676-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR THE 2018 HAWAII ISLAND WOMEN'S LEADERSHIP SUMMIT Transfers $300 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1052 Intr. by: Mr. Chung Page 5 Hawai'i County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 Res. 677-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2018 HAWAII ISLAND VETERANS DAY PARADE Transfers $500 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1053 Intr. by: Mr. Chung Res. 678-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION, RECREATION DIVISION, FOR RECREATIONAL ACTIVITIES, SPECIAL EVENTS, AND MISCELLANEOUS SUPPLIES AND EXPENSES IN DISTRICT 1 Transfers $2,500 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 1054 Intr. by: Ms. Poindexter Res. 681-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES GEOLOGICAL SURVEY (USGS) Provides $45,472 from the Department of Public Works to the USGS to continue the cooperative flood-monitoring program on Hawaii Island. Reference: Comm. 1062 Intr. by: Ms. David (B/R) Waived: FC Page 6 Hawai'i County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 Res. 682-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF AGRICULTURE Funds in the amount of$10,000 would be used by the Department of Research and Development to support a needs-assessment of the Waimea agricultural sector to be used in the development of a master plan of the Kamuela Vacuum Cooperative. Reference: Comm. 1063 Intr. by: Ms. David (B/R) Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 182: AMENDS CHAPTER 36, ARTICLE 1, ARTICLE 4, AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO MAXIMUM COUNCIL DISTRICT DEVIATION IN ANY REDISTRICTING PLAN Amends Section 36-6 and Section 36-8 by increasing the maximum council district deviation from 4.99 percent to 5.99 percent for any proposed Council District, and repeals Section 36-9, Alternate Plan Requirements. Reference: Comm. 1034 Intr. by: Ms. O'Hara Approve: GREDC-9 Bill 184: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the Federal Grants—Local Justice Assistance Grant (JAG) Program account ($113,387); and appropriates the same to the Local JAG Program account. Funds would be used by the Hawaii County Police Department to purchase a driving simulator for its Emergency Vehicle Operator Course as well as remedial training of employees involved in traffic collisions. Reference: Comm. 1038 Intr. by: Ms. David (B/R) Approve: FC-137 Page 7 Hawai'i County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 Bill 185: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the State Grants—Glass Recycling Program account ($5,854); and appropriates the same to the Glass Recycling Program— State account, for a total appropriation of$117,730. Funds would be used by the Department of Environmental Management to offset a portion of the cost of glass collection and reuse. Reference: Comm. 1040 Intr. by: Ms. David (B/R) Approve: FC-138 Bill 187: PROVIDES FOR THE COST OF PUBLIC SEWER SYSTEM IMPROVEMENTS IN"IMPROVEMENT DISTRICT NO. 20—LONO KONA SUBDIVISION," DISTRICT OF NORTH KONA, COUNTY OF HAWAII, FIXES THE PORTION OF THE COST TO BE ASSESSED AGAINST BENEFITED ASSESSMENT UNITS, ADOPTS FINAL ASSESSMENT ROLL, IMPOSES ASSESSMENT LIEN AGAINST EACH ASSESSMENT UNIT ASSESSED ACCORDING TO THE ASSESSMENT, PROVIDES FOR PAYMENT OF ASSESSMENTS IN INSTALLMENTS, AND AUTHORIZES FURTHER ACTIONS BY THE DIRECTOR OF FINANCE Creates a special fund to be known as "Improvement District No. 20—Lono Kona Subdivision," into which the funds for the costs of the improvements and all money collected by the Director of Finance for assessments levied by this ordinance shall be placed (the total estimated cost of the authorized improvements in the Improvement District is $2,437,000). Reference: Comm. 1061 Intr. by: Ms. David (B/R) Waived: FC Page 8 Hawai'i County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 Bill 188: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the State Grants—Waimea Needs Assessment account ($10,000); and appropriates the same to the Waimea Needs Assessment account. Funds would be used by the Department of Research and Development to support a needs-assessment of the Waimea agricultural sector to be used in the development of a master plan of the Kamuela Vacuum Cooperative. Reference: Comm. 1063 Intr. by: Ms. David (B/R) Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 160 AMENDS CHAPTER 2, ARTICLE 15, OF THE HAWAII COUNTY (Draft 2): CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS Amends Section 2-83, Fair Treatment, by adding a requirement that officers and employees of the County provide accurate and factual information to the public to the best of each officer's or employee's abilities and knowledge. Reference: Comm. 959.3 Intr. by: Ms. O'Hara First Reading: September 5, 2018 Page 9 Hawaii County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 Bill 169: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Establishes a General Excise Tax Surcharge revenue account and appropriates $10 million into this account as anticipated revenue, and establishes and applies these funds to two new General Excise Tax Surcharge Mass Transit expenditure accounts, as follows: Other Current Expenses ($4,412,145) and Equipment ($3,587,855). The remaining $2 million would be appropriated to the Transfer to Capital Projects Fund expenditure account to be used for bus shelters and road improvement projects, including Oneo Lane and the Ane Keohokalole extension. Reference: Comm. 997 Intr. by: Ms. David (B/R) First Reading: August 22, 2018 Postponed: September 5, 2018 (Note: There is a motion by Ms. David, seconded by Mr. Kanuha, to approve Bill 169.) Bill 177: AMENDS SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT PAPA`ALOA, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY: 3-5-004:023 (Applicant: Charles and Kitura Andrus) (Area: approximately 11.06 Acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to apply for subdivision of the property into two lots. The applicants currently reside in a home on one lot and plan to convey the other lot to their children. The property is located on Kihalani Homestead Road. Reference: Comm. 1024 Intr. by: Ms. Eoff(B/R) First Reading: September 5, 2018 Page 10 Hawai'i County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 Bill 178: AMENDS ORDINANCE NO. 07-166, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—ONE ACRE (A-1 a) TO MULTIPLE FAMILY RESIDENTIAL—5,500 SQUARE FEET (RM-5.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:015 (Applicant: Michelle A. Mitchell (formerly Malulani, Inc.) (Area: approximately 1.278 Acres) The Windward Planning Commission forwards its favorable recommendation for this amendment to request an additional five-year time extension to complete construction of a medical clinic on the property. The property is located on Ponahawai Street, approximately 650 feet east of its intersection with Komohana Street. Reference: Comm. 1025 Intr. by: Ms. Eoff(B/R) First Reading: September 5, 2018 Bill 179: AMENDS ORDINANCE NO. 08-20, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-2-036:025 AND 026 (Applicant: Dien-Jung Lin (formerly Dien-Jung Nekoba) (Area: 39,771 square feet) The Windward Planning Commission forwards its favorable recommendation for this amendment to request a time extension for completion of construction and payment of the water commitment fee. The properties are located on Kekuana6`a Street and Hinano Street. Reference: Comm. 1026 Intr. by: Ms. Eoff(B/R) First Reading: September 5, 2018 REPORTS Page 11 Hawaii County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 REFERRALS FOR EXECUTIVE SESSION Comm. 1060: CLAIM AGAINST THE COUNTY OF HAWAI`I/MONA COSTA From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated August 21, 2018, requesting an attorney-client confidential discussion to consult with the Council on a claim submitted by Attorney Rechelle Barbour for Mona Costa. 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 Hawaii Revised Statutes, Section 92-4, and Rule Nos. 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 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 September 17, 2018. Relay users please call 711(961-8255)to contact our office. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") §92-3.5, the Hawaii County Council will be conducting this meeting via videoconference. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Council Members will be present at the following location: • Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401. (Pursuant to HRS §92-7 and Council Rule No. 2, Council Members Susan L. K. Lee Loy and Eileen O'Hara will be participating from the Hilo Council Chambers.) Public attendance via videoconference will be available at the Hilo location. Page 12 Hawaii County Clerk 09/11/2018 12:21:26 PM Hawaii County Council-49 September 19,2018 Public attendance via courtesy site is also available at the following locations until 4:30 p.m. or later in the event public testimony has not been completed: • Pahoa Council Office, 15-2879 Pahoa Village Road; and • Waimea Council Office, Parker Square, 65-1279 Kawaihae Road, Suite 109. Public attendance via courtesy site is also available at the following locations until public testimony has been completed: • Na`alehu State Office Building, 95-5669 MAmalahoa Highway; and • Old Kohala Courthouse, 54-3900 Akoni Pule Highway,Kapa`au. If, due to unanticipated circumstances, the courtesy site is unavailable and/or participation is disrupted, the scheduled meeting will continue. Live stream of County Council Meetings: Council meetings are available for live viewing. Click on Council Meetings on the County's homepage at http://www.hawaiicounty_gov. Copies of this agenda and items listed on the agenda are available on the County Clerk-Council web page at http://www.hawaiicounty.gov/lb-council-meeting. For further information, please call 961-8255. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or(3)by email to counciltestimonyghawaiicounty.gov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestimonyghawaiicounty.gov before 12:00 noon on the business day prior to the meeting. The email shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution or report number), and number of testifiers on the video submittal. Each video submittal shall be limited to a single agenda item. Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Viewing of Meetings is Available on Public, Education, and Government Television. Please call Na Leo TV at (808p) 935-8874 for Channel 55 schedule of Council and Committee meetings. Page 13