The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 12/21/2011 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Vice- Chairperson 33rd Session INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE COUNTY COUNCIL County ofHawai'i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Wednesday, December 21, 2011 9:00 a.m. Reverend Junshin Miyazaki of Hilo Meishoin FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO N d C7 Ck• (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai `i County is an Equal Opportunity Provider and Employer. n rn Hawai‘i County Council-33 December 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 June 24, 2011 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 186-11: GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3-58(a)(5)(B), 3-58(c), AND 3-59(a)(5), HAWAI‘I COUNTY CODE (1983) 2005 EDITION, TO ALLOW TWO WALL SIGNS ON 1015 HENRY STREET BUILDING ONE FRONTING THE QUEEN KA‘AHUMANU HIGHWAY AND THE OTHER HENRY STREET TMK NUMBER: (3)7-5-004:043 (KAILUA VILLAGE SPECIAL DESIGN DISTRICT) The applicant, Teressa Jones, BRR Architecture, Inc., requests a sign variance for two wall signs, which are 147.78 square feet in an area with a 66-inch symbol. The maximum allowable letter and/or symbol is nine inches per Section 3-58(c), and the business is located in CG-20 zone which limits the wall sign to nine feet in height per Section 3-59(a)(4). Re: Comm. 448 Intr. by: Mr. Blas Approve: PWPRC-62 Res. 190-11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPIER FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement for a multi-function copier at a cost not to exceed $500 per month, and an amount not to exceed $0.03 for each black and white copy, and $.08 per color copy. Re: Comm. 473 Intr. by: Ms. Ford (B/R) Approve: FC-164 Res. 191-11: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $5,000 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT THE 2011 WINTER BASKETBALL CLASSIC Donated by Kevin Kai‘ea Pavel Memorial Fund of the Hawai‘i Community Foundation. Re: Comm. 476 Intr. by: Ms. Ford (B/R) Approve: FC-167 Page 2 Hawai‘i County Council-33 December 21, 2011 Res. 192-11: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HEALTH, PURSUANT TO HRS 46-7, TO IMPLEMENT THE HAWAI‘I TEEN OUTREACH PROGRAM (HITOP) IN HAWAI‘I COUNTY HITOP’s goal is to develop the positive potential of teens with the intended results of less risk-taking behaviors such as violence, school failure, and teen pregnancy. The agreement enables the County to conduct the program as outlined in the Letter of Intent and Scope of Services contained in “Exhibit A” (which is attached to this resolution). Re: Comm. 478 Intr. by: Ms. Ford (B/R) Approve: FC-169 Res. 198-12: ENCOURAGES THE ADMINISTRATION TO PROVIDE IMMEDIATE FUNDING TO THE FOOD BASKET, INC., HAWAI‘I ISLAND’S FOOD BANK Urges the Mayor to allocate not less than $500,000 from the 2011-2012 operating budget for The Food Basket, Inc., who provide nutritious food to low-income families, the ill and disabled, senior citizens, children’s programs, and other charitable nonprofit organizations. The current economic downturn has caused a substantial increase in the number of families and individuals seeking food assistance, and the demand for food has caused an acute shortfall in food supplies at the Food Basket’s two warehouses. Re: Comm. 499 Intr. by: Mr. Hoffmann Waived: FC Res. 201-11: AMENDS RESOLUTION NO. 34-11 AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF A MULTI-FISCAL YEAR AGREEMENT FOR FURNISHING AND IMPLEMENTING ORGANIC WASTE DIVERSION SITES AND COMPOST OPERATIONS IN WEST HAWAI‘I AND EAST HAWAI‘I FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Amends Resolution 34-11 by deleting the following recitals: 1) “estimated at between $1,500,000 and $2,000,000”; and 2) “at an estimated price per ton not to exceed an annual average of $70”. Resolution 34-11 made reference to “the high equipment and operations start-up costs, estimated between $1,500,000 and $2,000,000” for the organic waste diversion and compost operations; and that “it is in the County’s best interest to contract the operation of organic waste diversion sites based on a ten (10) year agreement at an estimated price per ton not to exceed an annual average of $70 and provide the Director of Environmental Management with the ability to negotiate for two (2) option periods of up to five years each to extend the contracted services, subject to review by the County Council.” Re: Comm. 504 Intr. by: Ms. Ford (B/R) Waived: FC ; and Comm. 504.1: From Finance Director Nancy Crawford, dated December 9, 2011, requesting an executive session in order to provide additional information regarding their request for an amendment to Resolution 34-11. Page 3 Hawai‘i County Council-33 December 21, 2011 Res. 202-11: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR CONTRACT FOR SERVICES OF HAULING OF RECYCLABLE MATERIALS AT ISLAND-WIDE SOLID WASTE RECYCLE AND TRANSFER STATIONS Authorizes the Mayor to enter into a three-year contract with two twelve-month option periods to extend services for hauling of recyclable materials from island-wide solid waste recycle and transfer stations. States that the contract shall be bid with a minimum of two geographic zones for the 21 transfer stations to maximize competition and assures all communities be provided access to the 2-Bin recycling services. Re: Comm. 506 Intr. by: Ms. Ford (B/R) Waived: FC Res. 203-11: URGES THE MAYOR TO ISSUE A REQUEST FOR PROPOSALS (RFP) TO PRIVATELY FUND THE CONVERSION OF THE EAST HAWAI‘I REGIONAL SORT STATION RELOAD FACILITY INTO A PRIVATELY OPERATED MATERIAL RECYCLING FACILITY Urges the Mayor to issue a RFP for a private, for-profit entity to convert the Sort Station to a Material Recovery Facility (MRF) and to operate the MRF, and that the RFP be advertised no later than February 29, 2012. The RFP includes, but not be limited to, terms and conditions requiring a private, for-profit entity to lease County buildings and land, requiring payment of royalties for recycled materials, and sharing of any other revenues for the facility. Re: Comm. 507 Intr. by: Mr. Yagong Waived: EMC BILLS FOR ORDINANCES (FIRST READING) Bill 136: AMENDS SECTION 25-8-30 (NĀ‘ĀLEHU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 15,000 SQUARE FEET (RS-15) TO VILLAGE COMMERCIAL – 10,000 SQUARE FEET (CV-10) AT KAWALA, KA‘Ū, HAWAI‘I, COVERED BY TAX MAP KEY: 9-5-025:033 (Applicant: Dr. Kevin Stuef) (Area: 20,637 square feet) The applicant requests a Change of Zone from RS-15 to CV-10 to allow the establishment of a dental office in an existing dwelling. Re: Comm. 449 Intr. by: Mr. Hoffmann Approve: PC-34 Page 4 Hawai‘i County Council-33 December 21, 2011 Bill 142 (Draft 2): AMENDS ARTICLE X, FINANCIAL PROCEDURES, SECTION 10-12, SPECIAL FUNDS, OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), RELATING TO ESTABLISHING OR ABOLISHING SPECIAL FUNDS States that special funds may be created or abolished by ordinance as may be necessary for the proper and efficient segregation of fiscal operations of the County. Re: Comm. 466.2 Intr. by: Ms. Ford Approve: FC-161 Bill 144: AN ORDINANCE AMENDING 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 (c), South Hilo, to read as follows: “(9) Banyan Drive, east (makai) side, [beginning at] from a point six hundred thirty-five [twenty-seven] feet north of Kamehameha Avenue and extending [three hundred thirty-four] two hundred fifty feet [in the northerly direction] north of Banyan Way. [(10) Banyan Drive, Hāmākua side, from its intersection with Kamehameha Avenue northerly for a distance of three hundred forty feet.]. (11) Banyan Drive, [Puna] east (makai) side, from [its intersection with] Kamehameha Avenue [northerly for a distance of four hundred fifteen] and extending four hundred eighty-nine feet in the northerly direction. (12) Banyan Drive, south[east] (golf course) side, [beginning at] from a point five hundred forty[-one] feet east of Lihiwai Street and extending [three] four hundred [ninety-nine] two feet in the northeasterly direction. (13) Banyan Drive, west (golf course) side, from a point three hundred seventy-four feet north of Kamehameha Avenue to Kamehameha Avenue [beginning at Kalaniana‘ole Street and extending three hundred sixty feet in the northerly direction]. (14) Banyan Drive, west (makai) side, [beginning at] from a point [six] five hundred [eighty-]eight feet [south] northeast of [Lili‘uokalani Park Perimeter Road] Lihiwai Street and extending three hundred ninety-two feet in the southwesterly direction.” The amendments are necessary to better address the existing conditions and as part of the Parks and Recreation’s Reed’s Bay Beach Park Redevelopment and Improvements Project. Re: Comm. 468 Intr. by: Mr. Blas Approve: PWPRC-60 Page 5 Hawai‘i County Council-33 December 21, 2011 Bill 145: 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(c), to be appropriately numbered and to read as follows: “( ) Banyan Drive, east (makai) side, from a point four hundred twenty-six feet north of Banyan Way and extending seventy one feet in the northerly direction. ( ) Banyan Drive, east (makai) side, from a point six hundred seventy-three feet north of Banyan Way and extending thirty seven feet in the northerly direction.” The amendments are necessary as part of the Parks and Recreation’s Reed’s Bay Beach Park Redevelopment and Improvements project. Re: Comm. 469 Intr. by: Mr. Blas Approve: PWPRC-61 Bill 146: AMENDS CHAPTER 21, ARTICLE 5, SECTION 21-37 AND SECTION 21-42 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE SEWER LOAN CONNECTION PROGRAM States that the sewer loan connection program is not restricted to residential dwellings, and permits lot owners approved for the County Sewer Connection Loan Program to select their own contractors. Also deletes the first two paragraphs of the language contained in Section 21-37, findings and purpose, and deletes the language contained in Section 21-42 and renames this section “Reserved.” Re: Comm. 471 Intr. by: Mr. Yagong Approve: FC-162 ; and Comm. 471.1: From Chairperson Dominic Yagong, dated December 9, 2011, transmitting a proposed amendment relating to Section 21-37 (Findings and purpose). Bill 147: 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 – Reserved ($24,251.48); and appropriates same to Transfer to Capital Projects Fund – Highway. Appropriates excess revenues to the Capital Projects Fund in order for the Public Works Department to expend it. Re: Comm. 472 Intr. by: Ms. Ford (B/R) Approve: FC-163 Page 6 Hawai‘i County Council-33 December 21, 2011 Bill 148: 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: Parking Assessment Islandwide ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($500,000). Funds would be used to address parking problems at various locations on the island (including schools, parks and beach access points) and to conduct studies for solutions to these problems. Re: Comm. 474 Intr. by: Ms. Ford (B/R) Approve: FC-165 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 149: 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: Department of Parks and Recreation (DPR) Addition to and Development of New Park Site at Ali‘i Drive ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($500,000). Funds would be used by the Parks and Recreation Department to acquire TMK: (3)7-7-008:100 to complement the acquisition of TMK’s: (3)7-7-008:020 and 031 to be developed into a new park site, as well as on and off-site improvements such as a parking area for La‘aloa and Magic Sands Beach parks. Re: Comm. 475 Intr. by: Ms. Ford (B/R) Approve: FC-166 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 7 Hawai‘i County Council-33 December 21, 2011 Bill 150 (Draft 2): 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 Establishes the program appropriations listed on “Exhibit A” (which is attached to this bill); funds shall be provided from Fuel Tax Increase 96-98 ($212,894.44), Fuel Tax Increase 98-00 ($52,572.52), Fuel Tax Increase 02-04 ($451,227.67), Fuel Tax Increase 04-06 ($2,173,062.92), Fuel Tax Increase 06-08 ($2,308,891.93), and Fuel Tax Increase 08-10 ($2,296,324.35), for a total of $7,494,973.83. Re-appropriates lapsed fuel tax funds from past fiscal years. Funds would be appropriated back to the original districts/categories as indicated in “Exhibit A” and the sources of the lapsed funds are detailed in “Exhibit B” (which is attached to this bill). Re: Comm. 477.1 Intr. by: Ms. Ford (B/R) Approve: FC-168 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ; and Comm. 477.2: From Public Works Director Warren H. W. Lee, dated December 12, 2011, transmitting information which was requested at the Finance Committee meeting held on December 6, 2011, regarding the on-going Engineering projects and the allotments. Bill 151: 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 – Hawai‘i Teen Outreach Program (HITOP) ($200,000); and appropriates same to HITOP. Re: Comm. 478 Intr. by: Ms. Ford (B/R) Approve: FC-170 Bill 152: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-6, AND ARTICLE VI, CHAPTER 5, SECTION 6-5.5, OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), RELATING TO SPECIAL COUNSEL AND COUNCIL STAFF ATTORNEYS Initiates an amendment to the Hawai‘i County Charter to grant the County Council the right to employ special counsel and Council staff attorneys without express limitation. Re: Comm. 482 Intr. by: Ms. Ford Approve: GRC-9 Note: First of three required readings, a 2/3 vote of the entire membership is required to pass each reading, pursuant to Section 15-1(a), Hawai‘i County Charter Page 8 Hawai‘i County Council-33 December 21, 2011 Bill 159: AMENDS CHAPTER 21, ARTICLE 5, VARIOUS SECTIONS OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), RELATING TO SEWER CONNECTION LOAN PROGRAM Amends certain sections within Chapter 5 relating to the following: Insures competitive loan rates, provides applicants with adequate time to complete applications, eliminates the option of the County hiring contractors to work on private hook-ups on private property, removes an unnecessary loan option, manages taxpayer funds responsibly by providing some loan guarantee parameters, meet the requirements of the state grant to assist certain property owners, makes it more consistent with other programs in the County Code, and makes other incidental improvements. Re: Comm. 505 Intr. by: Mr. Yagong Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 17 (Draft 2): AMENDS CHAPTER 14, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE RELATING TO PLASTIC BAG REDUCTION Reduces the use of plastic bags and encourages the use of environmentally preferable alternatives, such as reusable bags (addresses only plastic shopping bags distributed to customers at checkout). States the Environmental Management Director shall administer this article including providing education and enforcement, and shall adopt administrative rules including defining permissible bags and establishing penalties pursuant to Hawai‘i Revised Statutes, Chapter 91, within 180 days from the effective date of this ordinance. Re: Comm. 64.56 Intr. by: Mr. Hoffmann First Reading: February 16, 2011 Postponed: March 2, 2011 Public Hearing: June 7, 2011 Council Mtg. July 7, 2011 (The motion to rescind the public hearings was withdrawn by Introducer) thththth Public Hearings:July 13 and 26, August 25, October 27, and th November 15, 2011 (Note: There is a pending motion by Mr. Hoffmann, and duly seconded by Ms. Ford to approve Bill 17, Draft 2). Page 9 Hawai‘i County Council-33 December 21, 2011 Bill 128 (Draft 2): INITIATES A CHARTER AMENDMENT TO ARTICLE X, FINANCIAL PROCEDURES, OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), BY ADDING A NEW SECTION FOR A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND Adds a new section, “Public Access, Open Space, and Natural Resources Preservation Maintenance Fund” for the purpose of accruing and using the moneys for maintenance of lands and easements acquired by the Public Access, Open Space, and Natural Resources Preservation Fund. The maintenance fund will preserve the land, promote public safety, and maintain a healthy stewardship. The policies and procedures are set forth in this measure. Re: Comm. 436.3 Intr. by: Ms. Ford First Reading: December 7, 2011 Note: Second of three required readings, a 2/3 vote of the entire membership is required to pass each reading, pursuant to Section 15-1(a), Hawai‘i County Charter Bill 135: 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 (c), South Hilo, paragraph 86, to read as follows: “(86) Kino‘ole Street, east (makai) side, from a point [four hundred thirty-one] ninety- five feet [southeast] north (Hāmākua) of [Haili] Mamo Street [and extending one hundred feet] to Mamo Street.” The purpose of the amendment is to increase parking in the Downtown Hilo area. Re: Comm. 447 Intr. by: Mr. Blas First Reading: December 7, 2011 Bill 139 (Draft 2) REPEALS CHAPTER 26 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO BE REPLACED BY A NEW CHAPTER 26, RELATING TO FIRE On January 1, 2010, the State Legislature and the State Fire Council, with approval from the Governor, adopted the 2006 NEPA 1 (Uniform Fire Code) as the Hawai‘i State Fire Code. The State Fire Council has since amended this new State Fire Code, known as Title 12, Chapter 45.2, Department of Labor and Industrial Relations, which became effective at the same time as the State Fire Code. The State Fire Code, with State and respective County amendments, will be the referenced Fire Code. Re: Comm. 454.4 Intr. by: Mr. Onishi First Reading: December 7, 2011 Page 10 Hawai‘i County Council-33 December 21, 2011 Bill 141 (Draft 2): 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 the following: Public Works: Tsunami Damage Projects – Federal Emergency Management Agency (FEMA) ($36,000) and Tsunami Damage Projects – County ($315,000); funds shall be provided from Federal Grants Receivable ($36,000) and General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($315,000). FEMA has provided funds to be used for the repair of damages along Ali‘i Drive and other facilities in the Kona area due to a tsunami that was generated from an earthquake off the Pacific coast of Japan. FEMA normally covers 75% of the cost with the balance provided by County matching funds; however, in this case, portions of the project are ineligible to be paid by FEMA and are to be covered by the County. Re: Comm. 459.2 Intr. by: Ms. Ford First Reading: December 7, 2011 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 153: 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 – Prosecuting Attorney’s Violence Against Women Training Project ($8,405); and appropriates same to Prosecuting Attorney’s Violence Against Women Training Project. Re: Comm. 484 Intr. by: Ms. Ford (B/R) First Reading: December 7, 2011 Bill 154 (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 Federal Grants – COPS 2011 Grant ($1,392,336); and appropriates same to COPS 2011 Grant. Re: Comm. 485.2 Intr. by: Ms. Ford First Reading: December 7, 2011 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended July 31, 2011 from the Department of Finance. Page 11 Hawai‘i County Council-33 December 21, 2011 REFERRALS FOR EXECUTIVE SESSION Comm. 488.1: COUNTY OF HAWAI‘I V. 1250 OCEANSIDE PARTNERS, ET AL. CIVIL NO. 10-1-0157K From Deputy Corporation Counsel Joseph K. Kamelamela, dated December 14, 2011. 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 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 December 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  Kona Council Office, 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. Page 12 Hawai‘i County Council-33 December 21, 2011 Viewing of Meetings on Government Access Television - Channel 52: thththst Wednesday, January 4 at 6 p.m.; Fridays, December 30 and January 6 at 12 p.m.; and Sundays, January 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.) UPCOMING MEETINGS TUESDAY, JANUARY 3, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, JANUARY 4, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street THURSDAY, JANUARY 19, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A FRIDAY, JANUARY 20, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 13