The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 08/01/2012 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Vice - Chairperson 51S` Session COUNTY COUNCIL County of Hawai Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Wednesday, August 1, 2012 8:00 a.m. Reverend Junshin Miyazaki of the Hilo Meishoin (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-51 August 1, 2012 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 8:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES COMMUNICATIONS ORDER OF RESOLUTIONS Res. 252-12: ACCEPTS A GRANT OF EASEMENT FROM THE TERRY LYNN HARRISON FAMILY TRUST FOR PUBLIC ACCESS PURPOSES The Terry Lynn Harrison Family Trust is desirous of granting the County of Hawai‘i a pedestrian easement, which will provide public access laterally along the coast over the subject land in Kapa‘au and ‘Āinakea in North Kohala, TMK: (3)5-3-006:025 (described and delineated in Exhibit “1,” which is attached to this resolution). Re: Comm. 711 Intr. by: Mr. Blas Approve: PWPRC-109 Res. 272-12: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $75 TO THE OFFICE OF AGING TO HELP SUBSIDIZE THE COST OF GENERAL OFFICE OPERATIONS Donated by Puna Hongwanji, Buddhist Women’s Association, funds would be used by the Office of Aging to subsidize the cost of general office operations. Re: Comm. 770 Intr. by: Ms. Ford Approve: FC-231 Res. 273-12: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION PURSUANT TO HRS 46-7, FOR THE HAWAI‘I FIRE DEPARTMENT’S SPINE BOARD EQUIPMENT PURCHASE PROJECT TITLED “HAWAI‘I FIRE DEPARTMENT PEDIATRIC SPINAL BOARDS” Funds would be used by the Fire Department to purchase specialized pediatric spinal immobilization equipment for the department’s 15 advanced life support ground ambulances, island-wide. Re: Comm. 771 Intr. by: Ms. Ford Approve: FC-232 Page 2 Hawai‘i County Council-51 August 1, 2012 Res. 274-12: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HEALTH, ALCOHOL AND DRUG ABUSE DIVISION (ADAD), PURSUANT TO HRS 46-7, FOR A PROGRAM TO CONDUCT ENFORCEMENT OPERATIONS OF MINORS PURCHASING TOBACCO, FOR THE HAWAI‘I COUNTY POLICE DEPARTMENT Funds would be used to support the Police Department’s efforts to conduct law enforcement operations of minors purchasing tobacco. Re: Comm. 772 Intr. by: Ms. Ford Approve: FC-234 Res. 275-12: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A LEASE OF REAL PROPERTY, SITUATED AT WAIĀKEA, SOUTH HILO, COUNTY AND STATE OF HAWAI‘I, IDENTIFIED AS TAX MAP KEYS: (3)2-4-057:029, (3)2-4-057:030, AND (3)2-4-057:031, TO THE HAWAI‘I ISLAND VETERANS MEMORIAL, INC. Authorizes the negotiation of a five-year lease with renewal options of five-year increments for the above-referenced parcels. The Hawai‘i Island Veterans Memorial, Inc., a nonprofit organization, plans to use the properties for the purpose of construction and development of a veterans center and veterans housing. Re: Comm.773 Intr. by: Ms. Ford Approve: FC-236 Res. 276-12: REQUESTS THAT THE MAYOR AUTHORIZE THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY NUMBERS: (3)7-3-009:004 AND (3)7-3-009:022, PROPERTIES KNOWN AS THE COASTAL LANDS OF ‘O‘OMA II, IN THE DISTRICT OF NORTH KONA, COUNTY OF HAWAI‘I Authorizes the Finance Director to initiate any funding mechanisms required for the acquisition of the above-referenced parcels in accordance with the terms of this resolution. The Public Access, Open Space and Natural Resources Preservation Commission in its 2007 and 2011 Annual Report to the Mayor included ‘O‘oma II in its island-wide prioritized list, consisting of approximately 300 acres located makai of the Queen Ka‘ahumanu Highway. These properties contain a widely used beach access road to the shoreline and would be a natural continuation of the future County of Hawai‘i shoreline park located at Kohanaiki, which is adjacent to the properties. Re: Comm. 776 Intr. by: Mr. Pilago Approve: FC-239 Page 3 Hawai‘i County Council-51 August 1, 2012 Res. 277-12 (Draft 2): ENCOURAGES THE STATE OF HAWAI‘I’S PUBLIC UTILITIES COMMISSION TO RAISE HAWAI‘I ELECTRIC LIGHT COMPANY’S RENEWABLE FEEDER PENETRATION THRESHOLD FROM 15 PERCENT OF PEAK LOAD TO 100 PERCENT OF MINIMUM LOAD The Public Utilities Commission has the authority to require Hawai‘i Electric Light Company (HELCO) to change its renewable energy threshold, and who also regulate the charges and fees, as well as issue guidelines concerning the general management of Hawai‘i Electric Company and its subsidiary HELCO. States that the Public Utilities Commission schedule two hearings, to be held in Kailua-Kona and Hilo, to discuss the subject matter. Re: Comm. 778.2 Intr. by: Mr. Yagong Approve: AWESC-3 BILLS FOR ORDINANCES (FIRST READING) Bill 265: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-260 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Chapter 24, Article 10, Division 1, Section 24-260, Schedule 8 (45 mile per hour limit), subsection (g), Puna, by deleting item 3: “[(3) Route 132, from the Pohoiki Road Junction to Route 137.]” The amendment removes an inapplicable item from the Hawai‘i County Code. This specific section of Route 132 (Pāhoa-Kapoho Road) is currently signed as a 55 mph speed limit road. Re: Comm. 744 Intr. by: Mr. Blas Approve: PWPRC-110 Bill 266 (Draft 2): PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO AGRICULTURAL TOURISM From Mayor William P. Kenoi, dated May 25, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern and Leeward Planning Commission Chair Geraldine Giffin. The amendments specifically relate to agricultural tourism: Amends article 1, subsection 25-1-5(b) by amending the definition of “Agricultural tourism” and adds new definitions; amends article 2, division 7, section 25-2-71 relating to Applicability, plan approval required; amends article 2, division 7, section 25-2-75 relating to Plan approval application requirements for major agricultural tourism; amends article 2, division 7, section 25-2-76 relating to Action on plan approval application; and amends article 4, division 1, section 25-4-15 relating to Agricultural tourism. Re: Comm. 745.2 Intr. by: Mr. Hoffmann Approve: PC-55 Page 4 Hawai‘i County Council-51 August 1, 2012 Bill 268: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2, SECTION 24-264 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Chapter 24, Article 10, Division 2, Section 24-264, Schedule 12 (Stop intersections), subsection (c), by adding a new item and renumbered as required: “( ) East Puainako Street/Ohuohu Street intersection, all approaches.” The amendment, based on the East Maka‘ala Mixed Use Development Traffic Impact Analysis Report, recommended that the subject intersection be converted to an all-way stop when the traffic volumes warrant it. Re: Comm. 755 Intr. by: Mr. Blas Approve: PWPRC-111 Bill 269: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mile per hour limit), subsection (g)(29), Puna, by revising an existing item 29 and adds a new item and renumbered as required: “(29) South Kūlani Road, from Volcano Road to the property line between parcels 1-8-086:026 and 1-8-086:027.”; and “( ) South Kūlani Road, from a point three hundred feet northwest of bridge 18-1 to its southeastern terminus.” These amendments revise the speed limits along South Kūlani Road. Re: Comm. 756 Intr. by: Mr. Blas Approve: PWPRC-112 Bill 270: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-257 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Chapter 24, Article 10, Division 1, Section 24-257, Schedule 5 (35 mile per hour limit), subsection (g), Puna, by adding a new item and renumbered as required: “( ) South Kūlani Road, from the property line between parcels 1-8-086:026 and 1-8-086:027 and extending three hundred feet northwest of bridge 18-1.” The amendment revises the speed limits along South Kūlani Road. Re: Comm. 757 Intr. by: Mr. Blas Approve: PWPRC-113 Page 5 Hawai‘i County Council-51 August 1, 2012 Bill 271: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-281 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), subsection (c), South Hilo, by deleting item 18 and renumbered as required: “[(18) Mohouli Street, on the Puna side, those three metered stalls mauka of Kīlauea Avenue between 7:00 a.m. and 8:00 a.m. on school days.]” The amendment improves the flow of traffic through the Mohouli Street/Kīlauea Avenue intersection. Re: Comm. 758 Intr. by: Mr. Blas Approve: PWPRC-114 Bill 272: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-284 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-284, Schedule 32 (Two hour parking areas), subsection (c), South Hilo, by deleting item 22 and renumbered as required: “[(22) Mohouli Street, Puna side, the last three parking stalls approaching Kīlauea Avenue.]” The amendment improves the flow of traffic through the Mohouli Street/Kīlauea Avenue intersection. Re: Comm. 759 Intr. by: Mr. Blas Approve: PWPRC-115 Bill 273: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Amends Chapter 24, Article 10, Division 5, Section 24-280, Schedule 28 (No parking at anytime), subsection (c), South Hilo, by deleting items 6 and 8 and renumbered as required and revises existing items 5, 10, and 11: “[(6) Aupuni Street, northeast side, from a point one thousand one hundred twenty feet northwest of Kīlauea Avenue and extending two hundred sixty-seven feet in the northwesterly direction.]”; “[(8) Aupuni Street, southeast side, from a point six hundred sixty-two feet northeast of Kīlauea Avenue and extending two hundred forty-five feet in the northwesterly direction.]”; “(5) Aupuni Street, northwest side, from a point one thousand one hundred [seventy- eight]sixty-three feet southeast of Pauahi Street to Kīlauea Avenue.”; “[(10)](8) Aupuni Street, southwest side, from a point three hundred [one]forty-one feet southeast of Pauahi Street and extending two hundred [eighty-two]eighteen feet in the southeasterly direction.”; and “[(11)](9) Aupuni Street, southwest side, from a point seven hundred [seven]fifty-one feet southeast of Pauahi Street and extending [four hundred thirty- five]three hundred seventy-six feet in the southeasterly direction.” These amendments address the adjustments to the no parking at any time zones that were made in an effort to increase parking along Aupuni Street. Re: Comm. 760 Intr. by: Mr. Blas Approve: PWPRC-116 Page 6 Hawai‘i County Council-51 August 1, 2012 Bill 274: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 3, SECTION 24-275 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING BUS STOPS AND PUBLIC ROAD TAXI STANDS Amends Chapter 24, Article 10, Division 3, Section 24-275, Schedule 23 (Bus stop locations), subsection (c), by adding a new item and renumbered as required: “( ) Aupuni Street, southwest side, from a point seven hundred seven feet southeast of Pauahi Street and extending forty four feet in the southeasterly direction.” The amendment updates the Hawai‘i County Code to match existing conditions. Re: Comm. 761 Intr. by: Mr. Blas Approve: PWPRC-117 Bill 275: 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 SINGLE- FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL – 20,000 SQUARE FEET (CG-20) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-024:005 (Applicant: Hawai‘i Island Board of Realtors; Area: 20,160 square feet) From Mayor William P. Kenoi, dated June 20, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern. The applicant requests a Change of Zone from Single-Family Residential - 10,000 square feet (RS-10) to General Commercial – 20,000 square feet (CG-20) in order to use the existing dwelling as an office for ongoing operations of the Hawai‘i Board of Realtors. Re: Comm. 768 Intr. by: Mr. Hoffmann Approve: PC-59 Page 7 Hawai‘i County Council-51 August 1, 2012 Bill 276: PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25, ARTICLE 2, ARTICLE 4 AND ARTICLE 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BED AND BREAKFAST ESTABLISHMENTS From Mayor William P. Kenoi, dated June 22, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern and Leeward Planning Commission Chair Geraldine Giffin. The amendments specifically relate to bed and breakfast establishments: Amends article 2, division 6, section 25-2-61(a) by adding zoning districts; amends article 2, division 7, section 25-2-71(c) by deleting “(1)” and renumbers the remaining items; amends article 2, division 7, section 25-2-76 relating to Action on plan approval applications, by deleting “(b)” and renumbers the remaining items; amends article 4, division 1, section 25-4-7(a) by adding CDH district; amends article 5, division 5, section 25-2-52(d) and article 5, division 6, section 25-5-62(d) and article 5, division 7, section 25-5-72(d) by adding a new “(1) Bed and breakfast establishments, as permitted under section 25-4-7” and renumbers the remaining items. Re: Comm. 769 Intr. by: Mr. Hoffmann Approve: PC-60 Bill 277: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in Federal Grants – Spine Boards (12,802.74); and appropriates same to Fire Grants – Spine Boards – Federal. Re: Comm. 771 Intr. by: Ms. Ford Approve: FC-233 Bill 278: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FORE THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in State Grants – Department of Health – Tobacco Sting ($8,000); and appropriates same to Department of Health – Tobacco Sting. Re: Comm. 772 Intr. by: Ms. Ford Approve: FC-235 Page 8 Hawai‘i County Council-51 August 1, 2012 Bill 279 (Draft 2): AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Establishes the following program appropriations: Roadway Projects (Engineering) ($1,650,000); Bridge Inspection, Repair, and Replacement Program (Engineering) ($1,500,000); Americans with Disabilities Act Curb Cut and Accessible Route Program (Engineering) ($200,000); and Local Road Improvements (Highways) ($3,350,000), for a total amount of $6,700,000; funds shall be provided from that portion of the Highway Fund which is designated as the Fuel Tax Increase Account No. 3104.06, and which consists of the increase fuel tax revenues created pursuant to Resolution No. 504-08. Allotments from these program appropriations shall be made to be specific projects listed on “Exhibit A” which is attached to this resolution. Re: Comm. 774.2 Intr. by: Ms. Ford Approve: FC-237 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ORDER OF THE DAY (SECOND OR FINAL READING) Bill 152 (Draft 5): 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 authorize the County Council to employ Council staff attorneys and special counsel without limitation. Re: Comm. 482.12 Intr. by: Ms. Ford Postponed: December 21, 2011 and January 4, 2012 First Reading: January 20, 2012 Second Rdg.: February 1, 2012 Held Over: February 15, 2012 Postponed: March 9, 2012 Held Over: July 19, 2012 Note: Third 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 9 Hawai‘i County Council-51 August 1, 2012 Bill 256 (Draft 2): AMENDS CHAPTER 2, ARTICLE 36, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY RENAMING AND REDEFINING THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM TO THE GEOTHERMAL RELOCATION AND PUBLIC SAFETY PROGRAM Renames the Geothermal Relocation and Community Benefits Program to the Geothermal Relocation and Public Safety Program, and proposes substantial revisions throughout this measure including the establishment, purchase of properties, creation of geothermal relocation and community benefits fund, public safety funding, expenditures from fund, and relocation expenditures. Re: Comm. 710.31 Intr. by: Mr. Yagong First Reading: June 6, 2012 Second Rdg.: June 19, 2012 Returned & Disapproved: July 12, 2012 Reconsidered & Postponed: July 19, 2012 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Ford to approve Bill 256, as amended, and to override the Mayor’s veto.) Bill 257 (Draft 2): AMENDS CHAPTER 7, SECTION 7-3, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO EMERGENCY RESPONSE AND EVACUATION PLANS FOR GEOTHERMAL FACILITIES States that the Civil Defense Agency’s Deputy Director shall prepare an emergency response and evacuation plan for each geothermal power production facility operating in the County, and sets forth criteria. The plan for any existing geothermal power production facility shall be submitted to the Council for approval by August 1, 2012, and at the request of the Deputy Director, the Council may approve an extension of an additional 90 days for the submission of an emergency response and evacuation plan. Re: Comm. 725.2 Intr. by: Mr. Yagong First Reading: June 6, 2012 Second Rdg.: June 19, 2012 Returned & Disapproved: July 12, 2012 Reconsidered & Postponed: July 19, 2012 (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Hoffmann to approve Bill 257, as amended, and to override the Mayor’s veto.) Page 10 Hawai‘i County Council-51 August 1, 2012 Bill 262 (Draft 2): AMENDS CHAPTER 2, ARTICLE 4, SECTION 2-12.4, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FUND BALANCE Amends Chapter 2, Article 4, Section 2-12.4 by adding the following language: “(f) At the end of each fiscal year, any fund balance in excess of $5,000,000 shall be applied to the post employment benefits account (GASB-45). This subsection shall not apply in any fiscal year where a payment of at least fifty percent of the actuary’s recommended GASB-45 payment has been appropriated in the County’s operating budget.” Re: Comm. 734.2 Intr. by: Mr. Yagong First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Second Rdg.: June 19, 2012 Returned & Disapproved: July 12, 2012 Reconsidered & Postponed: July 19, 2012 (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Hoffmann to approve Bill 262, as amended, and to override the Mayor’s veto.) Bill 263 (Draft 2): AMENDS CHAPTER 2, ARTICLE 40, SECTION 2-207 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE SCOPE AND DUTIES OF THE ENVIRONMENTAL MANAGEMENT COMMISSION Amends Chapter 2, article 40, section 2-207 by adding language relating to the following: The environmental management commission shall advise the department on solid waste and wastewater programs and to include any pilot project or program; comments or recommendations by the commission shall be forwarded to the council; and that prior to council action, the director and commission shall submit comments and recommendations on all legislation relating to the functions and duties of the department, including any ordinance that amends chapters 20 or 21 of this Code, and further states that the comments and recommendations shall be provided to the council within 45 days of receipt. Re: Comm. 737.2 Intr. by: Ms. Smart First Reading: July 3, 2012 Postponed: July 19, 2012 (Note: There is a pending motion by Ms. Smart and duly seconded by Ms. Ford to approve Bill 263, as amended.) Page 11 Hawai‘i County Council-51 August 1, 2012 REPORTS FC-238 (Comm. 775): Donated by Mr. Jim Lee of Signage and Beyond, recommends the acceptance of a new custom sign, valued at $700, to be utilized by the Fire Department’s Hawaiian Paradise Park Fire Station. PC-56 (Comm. 766): Recommends the confirmation of Mr. Gregory G. Ogin to the Kona Community Development Plan Action Committee. PC-57 (Comm. 766): Recommends the confirmation of Mr. Hiram Rivera to the Kona Community Development Plan Action Committee. PC-58 (Comm. 766): Recommends the confirmation of Mr. George “Keoki” Schattauer to the Kona Community Development Plan Action Committee. REFERRALS FOR EXECUTIVE SESSION Comm. 789: CLAIM AGAINST THE COUNTY OF HAWAI‘I/JOSEPH SOUZA From Deputy Corporation Counsel Kimberly K. Angay, dated July 11, 2012. The Council anticipates convening an executive meeting regarding the above matters, 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 places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by July 30, 2012. Relay users please call 711(961-8255) to contact our office. Page 12 Hawai‘i County Council-51 August 1, 2012 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. Viewing of Meetings on Government Access Television - Channel 52: thth Wednesdays, August 8 (to follow the viewing of the July 19, 2012 Council meeting at 6 p.m.) and 15 at 6 p.m.; thththth Fridays, August 10 and 17 at 12 p.m.; and Sundays, August 12 and 19 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, AUGUST 14, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, AUGUST 15, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, SEPTEMBER 5, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street THURSDAY, SEPTEMBER 6, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 13