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Home My WebLink AboutAGE COUNCIL 11/09/2012 2010-2012 DOMINIC YAGONG �.►+t7°• "�k; FRED BLAS •`�jl�,;. • BRENDA FORD Chairperson and Presiding Officer � � , ; PETE HOFFMANN K. ANGEL PILAGO DONALD IKEDA r44 <+.'�� DENNIS"FRESH"ONISHI 17ce-Chairperson cs• ► BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai`i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 .yi 59th Session ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Friday,November 9, 2012 9:00 a.m. INVOCATION Kahu Gaymond Apaka of Kamehameha CALL TO ORDER PLEDGE OF ALLEGIANCE (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawaii County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-59 November 9, 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 COMMUNICATIONS Comm. 897: STATE BILL AUTHORIZING COUNTY LIQUOR COMMISSIONS TO PROVIDE FUNDING FOR ALCOHOL ABUSE TREATMENT AND PREVENTION From Chairperson Dominic Yagong, dated October 26, 2012, transmitting a letter from Hawai‘i State Association of Counties President Mel Rapoza, dated October 15, 2012. Mr. Rapoza is requesting comments from the counties regarding the above bill, and states that Maui County Council is considering this measure for its 2013 Legislative Package. Waived: GRC Comm. 902: PROCESS REGARDING THE SUBMITTAL AND RECEIPT OF VIDEO TESTIMONY FOR COMMITTEE AND COUNCIL MEETINGS From Deputy County Clerk Steve Kawena Lopez, dated October 31, 2012, stating that the Council approved a change to Rule 13 to permit public testimony by video, and submits a proposed procedure to facilitate the submittal of video testimony, to be thth implemented for the upcoming meetings scheduled on November 8 and 9. ORDER OF RESOLUTIONS Res. 308-12 (Draft 2): PROVIDES FOR THE ACQUISITION OF EASEMENTS IN PRIVATE PROPERTY BY EMINENT DOMAIN, BEING A PORTION OF TAX MAP KEY NUMBERS: (3)2-7-004-118 AND (3)2-7-027-065, SITUATED AT PĀPA‘IKOU, DISTRICT OF SOUTH HILO, TO PROVIDE A PEDESTRIAN PUBLIC ACCESS EASEMENT TO THE BEACH AT PĀPA‘IKOU Authorizes Corporation Counsel to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition, and condemnation of the aforesaid easement over private property, and to negotiate terms of settlement, subject to the approval of the court before which proceedings are prosecuted. Also, authorizes the Director of Finance to initiate any funding mechanisms required for the acquisition of said public access easements. Re: Comm. 853.28 Intr. by: Mr. Yagong Approve: FC-269 Note: First of two required readings, Section 101-13, Hawai‘i Revised Statutes ; and Comm. 853.29: From Chairperson Dominic Yagong, dated October 18, 2012, requesting that a presentation be made by Chris Yuen regarding matters relating to Resolution 308-12, as amended. Page 2 Hawai‘i County Council-59 November 9, 2012 Res. 312-12: REQUESTS THE LEGISLATIVE AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE DEPARTMENT OF WATER SUPPLY (DWS) METER AWARD PROCEDURES AND METER COMPLIANCE REVIEWS AND PROCEDURES REGARDING THE HAWAIIAN OCEAN VIEW WATER SYSTEM STANDPIPE STATION Requests that the Legislative Auditor’s Office perform the following: 1) Conduct a performance audit of the DWS meter award process and report on recommendations for future award procedures for standpipe meter service; 2) Conduct a performance audit of any meter compliance review programs or procedures that DWS may have, and report on findings and recommendations to improve such programs or procedures to encourage and enforce meter compliance; 3) Conduct further examination into concerns that may arise during the course of the review; and 4) Submit the findings and recommendations to the Hawai‘i County Council, DWS, and the Board of Water Supply upon completion of the performance audit. Re: Comm. 870 Intr. by: Ms. Smart Approve: AWESC-6 Res. 313-12: DELAYS COUNCIL ACTION ON UPZONING IN THE PĀHOA VILLAGE REGIONAL TOWN CENTER PLANNING AREA UNTIL PHASE I OF THE PĀHOA REGIONAL TOWN CENTER PLAN IS ADOPTED BY ORDINANCE, OR UNTIL JUNE 30, 2013, WHICHEVER SHALL OCCUR FIRST The Pāhoa Regional Town Center Plan Steering Committee and the Puna Community Development Plan Action Committee requested that any new up-zoning in this area be delayed to allow the community through a legitimate, deliberate, and inclusive community-based planning process to define how best to solve existing problems, to allocate space for new growth, and to preserve its historical heritage. Re: Comm. 873 Intr. by: Mr. Blas Approve: PC-68 Res. 316-12: ACCEPTS THE DEDICATION OF A PORTION OF RIGHTS-OF-WAY LOTS 15-A-2, 16, 17, 19, 20 AND 21, BEING TAX MAP KEYS: (3)8-1-036:003 (LOT 15A-2), (3)8-1-004:070 (POR.) (LOTS 16 AND 17) AND (3)8-1-007:061 (LOTS 19, 20 AND 21), SITUATED AT HALEKI‘I, KEEKEE 1 AND 2, ILIKAHI, KANAKAU 1 AND 2, KALUKALU 1 – 3, ONOULI 1 AND 2, AND KEŌPUKA, DISTRICT OF SOUTH KONA, ISLAND, COUNTY AND STATE OF HAWAI‘I, FROM 1250 OCEANSIDE PARTNERS, A HAWAI‘I LIMITED PARTNERSHIP The Department of Public Works is currently working on the design and schedule of work for the construction of the Māmalahoa Bypass Road for road and drainage purposes which will provide the necessary rights-of-ways for the south segment of the Bypass. The Rights-of-Ways Lots have been approved by the Department of Public Works and received dedication approval from the Departments of Water Supply, Planning, and Environmental Management. Re: Comm. 895 Intr. by: Mr. Blas Waived: PWPRC Page 3 Hawai‘i County Council-59 November 9, 2012 Res. 317-12: ACCEPTS THE DEDICATION OF ROAD LOTS 10-A, 1-B AND 3-A-2, BEING TAX MAP KEYS: (3)8-1-035:004 (POR.) (LOT 10-A), (3)8-1-035:001 (POR.) (LOT 1-B) AND (3)8-1-036:001 (POR.) (LOT 3-A-2), SITUATED AT HALEKI‘I AND KEEKEE 1, DISTRICT OF SOUTH KONA, ISLAND, COUNTY AND STATE OF HAWAI‘I, FROM 1250 OCEANSIDE PARTNERS, A HAWAI‘I LIMITED PARTNERSHIP 1250 Oceanside Partners is desirous of dedicating the roadway lots for road and drainage purposes. The roadway lots have been inspected and approved by the Department of Public Works, and received dedication approval from the Departments of Water Supply, Planning, and Environmental Management. Re: Comm. 896 Intr. by: Mr. Blas Waived: PWPRC Res. 320-12: AUTHORIZES AN EXEMPTION FROM THE STATE LAND USE DESIGNATION AND A CERTAIN REQUIREMENT OF THE COUNTY OF HAWAI‘I ZONING CODE FOR NINETEEN HOUSING UNITS TO BE UTILIZED BY HOPE SERVICES HAWAI‘I INC. AS LOW-INCOME SENIOR HOUSING HOPE Services Hawai‘i, Inc., requests that the Council of the County of Hawai‘i exempt the property identified as Tax Map Key: (3)1-5-006:017 from the current State Land Use “Agricultural” designation to allow the 19 housing units that are typically allowed within the State Land Use “Urban” district. Re: Comm. 901 Intr. by: Mr. Hoffmann Waived: PC BILLS FOR ORDINANCES (FIRST READING) Bill 286 (Draft 2): AMENDS CHAPTER 20, ARTICLE 3 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO DISPOSAL OF COMMERCIAL COOKING OIL WASTE AND COMMERCIAL FATS, OILS, AND GREASES Proposes the following amendments to Chapter 20, article 3: amends section 20-31, by amending the definition of “prohibited materials” and adds the definitions “commercial cooking oil waste” and “commercial FOG waste”; and amends section 20-40, relating to explosives, radioactive wastes, and other prohibited materials. Re: Comm. 800.2 Intr. by: Ms. Smart Approve: EMC-10 Refer: September 19, 2012 (Referred Bill 286, Draft 2, to the Environmental Management Director and Commission for review and comment) (Note: There is a pending motion by Ms. Smart and duly seconded by Ms. Ford to approve Bill 286, as amended.) ; and (Communication 800.3 continues on the next page.) Page 4 Hawai‘i County Council-59 November 9, 2012 Comm. 800.3: From Environmental Management Acting Director Dora Beck, dated September18, 2012, providing comment on Bill 286, Draft 2; and Comm. 800.5: From Environmental Management Acting Director Dora Beck, dated October 8, 2012, transmitting a copy of their testimony submitted on September 18, 2012 (Comm. 800.3) ; and Comm. 800.6: From Environmental Management Commission Chair Sherman Warner, dated October 29, 2012, providing comment on Bill 286. Bill 309: AMENDS ORDINANCE NO. 02-64 WHICH AMENDED SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – 5 ACRES (A-5a) TO SINGLE FAMILY RESIDENTIAL – TH 20,000 SQUARE FEET (RS-20) AT KALAOA 4, NORTH KONA, HAWAI‘I, COVERED BY TAX MAP KEY 7-3-005:030; Request Time Extension to Condition D, Final Subdivision Approval (Applicant: Ellen Koizumi; Area: 3.13 Acres) From Mayor William P. Kenoi, dated September 5, 2012, transmitting the above bill and enclosures with a favorable recommendation from Leeward Planning Commission Chair Pro Tem Thomas Hickcox. The applicant requests a five-year extension of time citing market conditions. Re: Comm. 856 Intr. by: Mr. Hoffmann Approve: PC-67 Bill 311: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-287 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 (c), South Hilo, by deleting an existing item and renumbered as required: “(4) Ka‘iulani Street at: (A) The Crippled Children’s Center.” The amendment converts the infrequently used passenger loading zone to parking. Re: Comm. 860 Intr. by: Mr. Blas Approve: PWPRC-125 Page 5 Hawai‘i County Council-59 November 9, 2012 Bill 312: AMENDS CHAPTER 21, ARTICLE 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), RELATING TO SEWER CONNECTION LOAN PROGRAM Amends Section 21-40, Loan application, subsection (a), as follows: “Any application for a guaranteed loan must be submitted to a designated bank no more than [sixty] one hundred and twenty calendar days after the date of the notification by the director requiring the owner to connect to the sewer.” Amends Section 21-45, Reserve Fund, subsection (b), as follows: “In the event grant monies are available to finance sewer connection costs, the sewer connection reserve fund may be used to finance connection costs for those lot owners eligible for grant funding and only to the extent that the sewer connection reserve fund can be reimbursed from the grant.” Re: Comm. 861 Intr. by: Mr. Yagong Waived: FC Refer: October 3, 2012 (Referred Bill 312, to the Environmental Management Director and Commission for review and comment) ; and Comm. 861.1: From Environmental Management Acting Director Dora Beck, dated October 25, 2012, providing comment on Bill 312; and Comm. 861.2: From Environmental Management Commission Chair Sherman Warner, dated October 29, 2012, providing comment on Bill 312. Bill 314: 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 Adds Department of Public Works: Ponahawai Parking Lot ($450,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($450,000). Funds will be used for the planning and design, engineering, infrastructure improvements, and construction to increase parking capacity in the downtown area. Re: Comm. 869 Intr. by: Mr. Ikeda Approve: FC-268 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 315: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CROSSWALKS Amends Chapter 24, Article 10, Division 4, Section 24-276, Schedule 24 (Crosswalks), subsection (g), Puna, by adding a new item and renumbered as required: “( ) Kalapana-Kapoho Beach Road, one hundred fifteen feet northeast of the property line between parcels 1-4-002:006 and 1-4-002:026.” The amendment provides a crosswalk adjacent to the Kua O Ka La Public Charter School. Re: Comm. 871 Intr. by: Mr. Blas Approve: PWPRC-126 Page 6 Hawai‘i County Council-59 November 9, 2012 Bill 323: 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 Adds Department of Public Works: Ka‘ū Water Source and Storage Expansion Project ($10,640,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Grants) ($10,640,000). Funds will be used for water infrastructure improvements, which will add a new well source, expand water storage, and replace buried water lines where appropriate. Re: Comm. 881 Intr. by: Ms. Smart Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 324: 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 Adds Department of Public Works: South Point Road Water Infrastructure Expansion Project ($9,900,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Grants) ($9,900,000). Funds will be used for water infrastructure improvements to replace and realign an existing water line above Highway 11, add a new well source, expand water storage, and bring a new 6” buried ductile pipe water line and fire hydrants to the area below Highway 11. Re: Comm. 882 Intr. by: Ms. Smart Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 325: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS PUBLIC IMPROVEMENT PROJECTS; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZING THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes for issuance and sale, in one or more series, Bonds of the County, in an aggregate principal amount not to exceed $5,100,000 for the purpose of funding all or a portion of the costs (including costs of issuance of the Bonds) of public improvement projects: Transfer Station Retainer Wall Repairs ($5,000,000) and Bond Issuance Costs ($100,000), for a total of $5,100,000. Re: Comm. 884 Intr. by: Ms. Smart Waived: FC Page 7 Hawai‘i County Council-59 November 9, 2012 Bill 326: AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY NAMING THE OFFICIALS’ STAND LOCATED AT HUALANI PARK “RONALD FUTOSHI ‘HARPO’ SAIKI OFFICIALS’ STAND” Recognizes and commemorates in perpetuity the many years of selfless dedication, hard work, community spirit, and aloha that Ronald Futoshi “Harpo” Saiki contributed towards promoting athletics in our Hilo communities. Re: Comm. 887 Intr. by: Mr. Onishi Waived: PWPRC Bill 327: 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 Adds Public Works: Hokulia Bypass Road-Private ($12,500,000); funds shall be provided from Private Contributions ($12,500,000). Funds will be used for the completion of the Hokulia/Māmalahoa Highway Bypass Road from Kaleiopapa Street to, including the Nāpo‘opo‘o Road/Māmalahoa Highway intersection, and will also include improvements on Haleki‘i Street from the intersection of Haleki‘i Street and Māmalahoa Highway Bypass Road to the Kona Scenic Park. Re: Comm. 888 Intr. by: Ms. Ford (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 330: AMENDS CHAPTER 24 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mile per hour limit), paragraph (c), South Hilo, by adding an item and renumbered as required: “( ) Waiānuenue Avenue, from Waiau Street to its terminus at the southern terminus of Bridge 25-2.” The amendment reduces the speed limit in a residential area, wherein the road is narrow and winding and there are little or no shoulders on either side of the road. Re: Comm. 893 Intr. by: Mr. Ikeda Waived: PWPRC Page 8 Hawai‘i County Council-59 November 9, 2012 Bill 331: AMENDS CHAPTER 24 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mile per hour limit), paragraph (c), South Hilo, by adding a new item and renumbered as required: “( ) Pi‘ihonua Road, beginning from its start at the southern terminus of Bridge 25-2, extending to a point approximately .7 mile in the northerly direction.” The amendment reduces the speed limit in a residential area, wherein the road is a narrow, winding, dead-end roadway, with little or no shoulders on either side of the road. Re: Comm. 894 Intr. by: Mr. Ikeda Waived: PWPRC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 266 (Draft 4): 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 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. 745.27 Intr. by: Mr. Hoffmann First Reading: August 1, 2012 Postponed: August 15, 2012 Public Hearing: September 4, 2012 Postponed: September 19, 2012 Held Over: October 17, 2012 (Pursuant to Council Rule 24(e)) Page 9 Hawai‘i County Council-59 November 9, 2012 Bill 292: AMENDS CHAPTER 14, GENERAL WELFARE, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO GEOTHERMAL DRILLING Adds a new article, “Geothermal Drilling”, as follows: “Definitions. For the purposes of this article, the following words and phrases, unless the context otherwise requires, shall be defined as indicated: ‘residence’ means a building or a part thereof permitted and designed for or used for a home.”; and “‘one mile’ means the measurement made from the well bore, in a straight line, without regard to intervening structures or objects, to the property line of the nearest residence.”; and “Restrictions. Geothermal resources exploration drilling and geothermal production drilling operations being conducted one mile or less from a residence, shall be restricted to the operating hours of 7:00 a.m. – 7:00 p.m.” Re: Comm. 825 Intr. by: Mr. Yagong First Reading: October 3, 2012 Postponed: October 17, 2012 (Pending Public Hearing) Public Hearing: November 2, 2012 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Ford to approve Bill 292.) ; and Comm. 825.51: From Council Member Donald Ikeda, dated October 19, 2012, transmitting a proposed amendment to Bill 292. Adds a new section to Chapter 14, as follows: “Section 14-__. Exceptions. The restrictions of this article shall not be interpreted or construed to deprive rights of a geothermal developer to conduct drilling operations which vested prior to the implementation of this article.” Bill 294 (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 Adds Department of Public Works: Ocean View Business District Water Infrastructure Improvements ($5,760,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Grants) ($5,760,000). Funds would be used for the Ocean View Business District Water Infrastructure Improvements, which will bring a buried 12-inch ductile pipe water line to the business district located along Highway 11. Re: Comm. 827.2 Intr. by: Ms. Smart First Reading: October 3, 2012 Postponed: October 17, 2012 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Ford to approve Bill 294, as amended.) Page 10 Hawai‘i County Council-59 November 9, 2012 Bill 296 (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 Adds Department of Public Works: Green Sands Subdivision Water Infrastructure Improvements ($1,545,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Grants) ($1,545,000). Funds would be used for the Green Sands Subdivision Water Infrastructure Improvements, which will bring a buried six-inch ductile pipe water line to the subdivision boundary and relocate the water meters closer to the residential properties, located along Ka‘alu‘alu Road from Highway 11. Re: Comm. 828.2 Intr. by: Ms. Smart First Reading: October 3, 2012 Postponed: October 17, 2012 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Ford to approve Bill 296, as amended.) Bill 308: 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 Adds Department of Public Works: Waiānuenue Avenue Pedestrian Walkway/Sidewalk and Drainage ($600,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($600,000). Currently, there are no sidewalks on this street. Construction of a walkway/sidewalk will provide improved road conditions, alleviate drainage overflow, and provide safe pedestrian access and possible bicycle travel. Re: Comm. 851 Intr. by: Mr. Ikeda First Reading: October 17, 2012 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter REPORTS FC-267 (Comm. 865): Donated by Mr. Michael Chang, Hilo Fire Extinguisher, recommends the acceptance of supplies for use by the Hawai‘i Fire Department during Fire Prevention Week (valued at $642.15). The supplies include fire prevention give-away items such as hats, stickers, magnets, and pencils. Page 11 Hawai‘i County Council-59 November 9, 2012 REFERRALS FOR EXECUTIVE SESSION Comm. 864: PATRICIA NAKAMOTO V. JAMAE KAWAUCHI, ET AL, CIVIL NO. 12-1-0466 SHYLA M. AYAU V. JAMAE KAWAUCHI, ET AL, CIVIL NO. 12-1-0467 From Deputy Corporation Counsel Laureen L. Martin, dated September 26, 2012, requesting an attorney-client confidential discussion to consult with the County Council on questions and issues pertaining to its powers, duties, privileges, immunities, and liabilities regarding the above. Postponed: October 3, 2012 Comm. 885: CLAIM AGAINST THE COUNTY OF HAWAI‘I/ERHARD AUTRATA From Deputy Corporation Counsel Kimberly K. Angay, dated October 15, 2012, requesting an attorney-client confidential discussion to consult with the County Council on a claim submitted by Erhard Autrata. Comm. 886: CLAIM AGAINST THE COUNTY OF HAWAI‘I/AFNI INSURANCE RE: FIREMAN’S FUND AND JERRY HIATT From Deputy Corporation Counsel Kimberly K. Angay, dated October 16, 2012, requesting an attorney-client confidential discussion to consult with the County Council on a claim submitted by Afni Insurance re: Fireman’s Fund and Jerry Hiatt. 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 Hawai‘i Revised Statutes, 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 November 5, 2012. Relay users please call 711(961-8255) to contact our office. Page 12 Hawai‘i County Council-59 November 9, 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 Room, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5 Public Attendance via Videoconference is available at the locations above; 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 Hilo, Kona, and Waimea 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. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) to before 12:00 noon on the business day prior to the meeting videotestimony@hawaiicounty.gov . The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, Each video submittal shall be limited to a single or report number), and number of testifiers on the video submittal. 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 on Government Access Television - Channel 55: stthrdth Wednesdays, November 21 and 28 at 6 p.m.; Fridays, November 23 and 30 at 12 p.m.; and Sundays, thnd November 25 and December 2 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/tv-schedules/channel-52/.) Page 13 Hawai‘i County Council-59 November 9, 2012 UPCOMING MEETINGS TUESDAY, NOVEMBER 20, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, NOVEMBER 21, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A MONDAY, DECEMBER 3, 2012 COUNCIL (SINE DIE) 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street COUNCIL (NEW) 3:00 P.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, DECEMBER 18, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, DECEMBER 19, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 14