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Home My WebLink AboutAGE COUNCIL 2013/03/28 2012-2014fir► w J YOSHIMOTO �''ty-0`•••'!t,'. BRENDA FORD • ir,' Chairperson and Presiding Officer a GREGGOR ILAGAN DRU MAMO KANUHA KAREN EOFF • - ZENDO KERN Vice-Chairperson +r�T °.' �. DENNIS"FRESH"ONISHI `.°.`.."� ' VALERIE T.POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai`i Hawai'i County Building 25 Aupuni Street Hilo, Hawai`i 96720 8th Session ORDER OF BUSINESS West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai`i Thursday, March 28, 2013 8:00 a.m. INVOCATION Pastor Keith Elliott of Kona Church of God CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai`i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-8 March 28, 2013 PETITIONS, 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: January 23, 2013 Postponed: March 13, 2013 COMMUNICATIONS Comm. 150.2: REQUEST FOR A PUBLIC HEARING REGARDING THE OPERATING AND CAPITAL BUDGETS From Council Member Valerie T. Poindexter, dated March 12, 2013, stating that pursuant to Section 10-4 of the Hawai‘i County Charter 2012, a public hearing is requested regarding the above on Tuesday, April 16, 2013, 5 p.m., at the West Hawai‘i Civic Center (74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i). Videoconferencing will be available at the following locations: County Council Room (Hawai‘i County Building, 25 Aupuni Street, #1401), Waimea Council Office (64-1067 Māmalahoa Hwy., #5), and Pāhoa Council Office (15-2660 Pāhoa Village Road, #304). Comm. 209: DISCUSSION OF 1250 OCEANSIDE PARTNERS, A HAWAI‘I LIMITED COMPANY, DEBTOR AND DEBTOR-IN-POSSESSION (CASE NO. 13-00353), FRONT NINE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, DEBTOR AND DEBTOR-IN-POSSESSION (CASE NO. 13-00354), AND PACIFIC STAR COMPANY, LLC DBA PACIFIC STAR PROPERTIES, AN ARIZONA LIMITED LIABILITY COMPANY, DEBTOR AND DEBTOR-IN-POSSESSION (CASE NO. 13-00355), [ALSO KNOWN AS HOKULI‘A] IN THE UNITED STATES BANKRUPTCY COURT, DISTRICT OF HAWAI‘I, HONOLULU, HAWAI‘I REGARDING THEIR FILING FOR RELIEF UNDER CHAPTER 11 OF THE BANKRUPTCY CODE ON MARCH 6, 2013 From Council Member Brenda J. Ford, dated March 8, 2013, requesting the above matter be discussed (and may require the Council to convene an executive session) and attaches the following documents: “First Day” Motions and Applications, Voluntary Petition, List of Creditors, and Press Release from Bloomberg.com. Waived: FC (Note: Under the topic heading of “Referrals for Executive Session” on this agenda, Communication 209 has been listed in anticipation that the Council may convene an executive session on this matter.) Page 2 Hawai‘i County Council-8 March 28, 2013 ORDER OF RESOLUTIONS Res. 31-13: AUTHORIZES 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 Authorizes the Mayor to enter into a multi-year contract for ten years with the ability to negotiate for two option periods of up to five years each to extend the contracted services, subject to review by the County Council, for services of furnishing and implementing organic waste diversion sites and compost operations in West Hawai‘i and East Hawai‘i for the Department of Environmental Management. This Resolution will supersede and replace Resolution No. 34-11, Draft 2, revoking the per-ton price limitation. Reference: Comm. 53 Intr. by: Ms. Poindexter Approve: FC-16 Postponed: January 23 and February 20, 2013 (Note: There is a pending motion by Mr. Yoshimoto and duly seconded by Mr. Onishi to approve Resolution 31-13.) ; and Comm. 53.2: From Environmental Management Department Acting Director Dora Beck, dated February 14, 2013, requesting that Resolution 31-13 be postponed to the th Council’s March 28 meeting in order for her department to do a presentation and overview of all Solid Waste Division contracts prior to the Council vote on this measure. Page 3 Hawai‘i County Council-8 March 28, 2013 Res. 64-13 (Draft 2): AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 AND SECTION 46-15OF THE HAWAI‘I REVISED STATUTES FOR THE HOUSING UNITS TO BE CONSTRUCTED BY KIDDS DEVELOPMENT CORPORATION AT KUMULANI GARDENS, SOUTH HILO, HAWAI‘I COVERED BY TAX MAP KEY: 2-5-006:061 KIDDS DEVELOPMENT CORPORATION entered into an agreement with the County to make Kumulani Gardens an affordable housing project and to satisfy the affordable housing requirements of both Kumulani Gardens and Hilo Hillside Development (a development within 15-miles of Kumulani Gardens). KIDDS DEVELOPMENT CORPORATION requests the County exempt the property from certain code requirements to help reduce the cost of producing the affordable housing. Reference: Comm. 148.5 Intr. by: Mr. Ilagan Held over: March 13, 2013 (Pursuant to Council Rule 24(1)(e)) ; and Comm. 148.2: From KIDDS DEVELOPMENT CORPORATION submitting three photographs of the roadway; and Comm. 148.4: From KIDDS DEVELOPMENT CORPORATION submitting a preliminary map of Kumulani Gardens. Res. 65-13: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE POSTAGE METER FOR THE OFFICE OF THE CORPORATION COUNSEL Authorizes the Mayor to enter into a multi-lease agreement for two years at a cost not to exceed $21.84 per month. Reference: Comm. 152 Intr. by: Ms. Poindexter Approve: FC-41 Res. 66-13: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, PURSUANT TO HRS 46-7, TO PROVIDE WORKERS’ COMPENSATION ADMINISTRATION SERVICES The County’s Department of Human Resources Workers’ Compensation Division would like to renew its agreement with the State of Hawai‘i to provide workers’ compensation administration services for the County’s Parks and Recreation Department and Police Department. Reference: Comm. 155 Intr. by: Ms. Poindexter Approve: FC-44 Page 4 Hawai‘i County Council-8 March 28, 2013 Res. 67-13: CREATES TWO VEHICLE REGISTRATION AND LICENSING CLERK II POSITIONS FOR THE DEPARTMENT OF FINANCE These two new and permanent positions will be funded by the State, and will issue the Hawai‘i State Identification cards as well as perform other driver license and vehicle registration duties. Reference: Comm. 156 Intr. by: Ms. Poindexter Approve: FC-45 Res. 68-13: AUTHORIZES THE ABANDONMENT AND SALE OF THAT CERTAIN PARCEL KNOWN AS THE OLD CHLORINATOR SITE, TAX MAP KEY: (3)4-8-007:030 SITUATED AT KUKUIHAELE, DISTRICT OF HĀMĀKUA, COUNTY AND STATE OF HAWAI‘I, TO SPENCER D. JACKSON Authorizes the Director of Finance to dispose of this parcel by sale to the adjoining landowner, Spencer D. Jackson, which encompasses 14,736 square feet with an appraisal value of $3,100. Reference: Comm. 157 Intr. by: Ms. Poindexter Approve: FC-46 Res. 69-13: ACCEPTS THE NEGOTIATED LEASE AGREEMENT FOR HĀMĀKUA LANDS IDENTIFIED AS TAX MAP KEYS: (3)4-3-009:024, 4-3-009:053, 4-3-009:054, 4-3-009:061, 4-3-011:001, 4-3-011:062 AND 4-3-011:064 WITH LAU RANCH, PURSUANT TO SECTION 2-114 OF THE HAWAI‘I COUNTY CODE Resolution 38-11 authorized the lease of certain County of Hawai‘i owned lands identified above, and required that the negotiated lease agreement for those lands be accepted by the County Council. Reference: Comm. 158 Intr. by: Ms. Poindexter Approve: FC-47 Page 5 Hawai‘i County Council-8 March 28, 2013 Res. 70-13: AUTHORIZES THE COUNTY OF HAWAI‘I TO ENTER INTO A MULTI- YEAR LEASE OF UNIT A-8, 1,755 SQUARE FEET MORE OR LESS, BEING WITHIN ONE OF THE BUILDINGS SITUATED ON REAL PROPERTY IN HILO, HAWAI‘I, TAX MAP KEY: (3)2-2-001:030 Authorizes the Mayor to enter into a multi-year lease agreement for five years for office space for the Office of the Legislative Auditor at a cost of $2,339.99 per month less the exemption of the parcel’s real property taxes, with a base rent increase after the first three years, and an option for renewal for an additional five years. Reference: Comm. 159 Intr. by: Ms. Poindexter Waived: FC Postponed: March 13, 2013 (Note: There is a pending motion by Ms. Poindexter and duly seconded by Mr. Kern to approve Resolution 70-13.) Res. 80-13: URGES THE 2013 HAWAI‘I STATE LEGISLATURE TO AMEND HOUSE BILL NO. 174, HD2, TO REQUIRE LABELING ON ALL GENETICALLY ENGINEERED PRODUCE THAT IS BOTH IMPORTED AND GROWN IN HAWAI‘I Also, urges the Hawai‘i State Legislature to adopt House Bill 174, HD2, as amended, as well as any other legislation that imposes the same or more stringent genetically engineered labeling requirements. Reference: Comm. 177 Intr. by: Ms. Wille Waived: AWESC Res. 81-13: URGES THE 2013 HAWAI‘I STATE LEGISLATURE TO PASS LEGISLATION TO DECRIMINALIZE MARIJUANA, SUCH AS SENATE BILL NO. 472, SD1 Senate Bill No. 472, SD1, establishes possession of marijuana of one ounce or less as a civil violation that is subject to a fine of $1,000, and that the direct civil fines and penalties for violations be deposited by the State Director of Finance to the credit of the State General Fund. Reference: Comm. 178 Intr. by: Ms. Wille Waived: GREDC Page 6 Hawai‘i County Council-8 March 28, 2013 Res. 82-13: URGES THE 2013 HAWAI‘I STATE LEGISLATURE TO PASS LEGISLATION SUCH AS HOUSE BILL NO. 396 H.D.2, RELATING TO TOXIC PRODUCTS Senate Bill No. 396, HD2, prohibits the manufacturing, selling, or distribution in the State of any reusable food and drink containers containing Bisphenol A and intended for use by a child under three years of age. Reference: Comm. 179 Intr. by: Ms. Wille Waived: PSMTC Res. 83-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $5,000 TO THE HAWAI‘I COUNTY FIRE DEPARTMENT Donated by State Farm Mutual Automobile Insurance Company, the funds will be use by the Fire Prevention Division to provide training, supplies, and other needed items for the canine team of Fire Captain Robert R. K. Perreira and arson canine “Kaimi.” Reference: Comm. 186 Intr. by: Ms. Poindexter Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 228 (Draft 2): AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2010-2012) CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM FAMILY AGRICULTURAL – 2 ACRES (FA-2a) TO FAMILY AGRICULTURAL – 1 ACRE (FA-1a) AT PONAHAWAI, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-5-040:018 (Applicant: Leslie A. Botelho and Betty Jean Botelho; Area: 2.116 acres) The applicants request a Change of Zone from Family Agricultural – 2 acre (FA-2a) to Family Agricultural – 1 acre (FA-1a) in order to subdivide the property into two parcels. Re: Comm. 668.4 Intr. by: Mr. Ikeda Approve: PC-47 Postponed: May 15, June 6 and 19, and July 3, 2012 (Note: There is a pending motion by Mr. Ikeda and duly seconded by Mr. Yoshimoto, to approve Bill 228, Draft 2.) Page 7 Hawai‘i County Council-8 March 28, 2013 Bill 31 (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 Parks and Recreation: Kahuku Park Improvements-Phase 1, Water System Improvements ($200,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($200,000). This project will address public health and safety relating to potable water (drinking, irrigation, and an auxiliary source of potable water in a disaster). Reference: Comm. 88.2 Intr. by: Ms. Ford Approve: FC-31 Postponed: February 20, 2013 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 Ms. Ford and duly seconded by Mr. Kanuha to approve Bill 31, Draft 2.) ; and Comm. 88.3: From Council Member Brenda J. Ford, dated March 7, 2013, transmitting a revised Project Data/Financial Impact Statement (due to a change in line ten). Bill 33: AMENDS ORDINANCE NO. 07-160 WHICH AMENDED ORDINANCE NO. 97-56, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 5 ACRES (A-5a) TO SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE TH FEET (RS-10) AT KALAOA 4, NORTH KONA, HAWAI‛I, COVERED BY TAX MAP KEY: 7-3-028:082 – 102 (FORMERLY 7-3-010:037) (Applicant: RS10 Kalaoa, LLC; Approximately 10.283 Acres) The applicant requests to amend Condition D (time to secure Final Subdivision Approval), and Condition J (fair share requirements) of Change of Zone Ordinance No. 07-160, and is in the process of subdividing and developing 31 residential units located between the Kona Coastview and Kona Palisades Subdivisions, and requests a five-year time extension. Reference: Comm. 103 Intr. by: Mr. Kern (B/R) Approve: PC-31 Page 8 Hawai‘i County Council-8 March 28, 2013 Bill 36: 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 Parks and Recreation: Kahuku Park Improvements, Phase 2, Americans with Disabilities Act (ADA) Ramps ($600,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($600,000). Funds will be used to address ADA concerns (ramps to the pavilion and ball field). Reference: Comm. 128 Intr. by: Ms. Ford Approve: FC-38 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 37: 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 Parks and Recreation: Kahuku Park Improvements, Phase 3, Children’s Playground Equipment, Matting, and Gazebo ($250,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($250,000). Funds will be used to add, replace, improve and repair children’s playground equipment (regulation matting, gazebo, and BBQ apparatus). Reference: Comm. 129 Intr. by: Ms. Ford Approve: FC-39 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 9 Hawai‘i County Council-8 March 28, 2013 Bill 38 (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 Parks and Recreation: Kahuku Park Improvements, Phase 4, Community Center, Gymnasium and Emergency Shelter ($5,100,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($5,100,000). Funds will be used towards the construction of a community center, gymnasium, restrooms, certified kitchen, storage for Civil Defense supplies, and a second water reservoir to serve the community center. Reference: Comm. 130.2 Intr. by: Ms. Ford Approve: FC-40 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 41: AMENDS THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFIT FUND OF 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 Fund Balance from Previous Year ($700,000); and appropriates same to Geothermal – Other Current Expense. Presently, there are 23 requests for relocation regarding the Geothermal Relocation Program, and the funds are needed to meet the first few relocation requests that will be processed in the present fiscal year. Reference: Comm. 153 Intr. by: Ms. Poindexter Approve: FC-42 Bill 42: AMENDS THE BEAUTIFICATION FUND OF 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 Fund Balance from Previous Year ($97,000); and appropriates same to Roadside Beautification – Other Current Expense ($72,000) and Parks Roadside Beautification – Other Current Expense ($25,000), for a total of $97,000. Funds will be used by the Public Works Department for the purchase of trash bins, reimbursement for highway labor costs, and irrigation costs; and by the Parks and Recreation Department for maintenance tree trimming projects. Reference: Comm. 154 Intr. by: Ms. Poindexter Approve: FC-43 Page 10 Hawai‘i County Council-8 March 28, 2013 Bill 47: 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: Puainako Street Extension – State ($300,000); funds shall be provided from State Grants Receivable ($300,000). Funds will be used for the purchase of right-of-way for the Puainako Street Extension Project from Komohana Street to the intersection of Country Club Road and Kaumana Drive. Reference: Comm. 185 Intr. by: Ms. Poindexter Waived: FC 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) Res. 63-13: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3)2-2-014-010:057 (POR.), SUITE 229, SITUATED AT HILO LAGOON CENTRE, FOR THE DEPARTMENT OF LIQUOR CONTROL RESTORATION PROJECT The Department of Liquor Control will be making improvements to its office located at the Hilo Lagoon Centre, which will require the acquisition of additional space to meet Americans with Disabilities Act (ADA) requirements. The improvements will require the acquisition by the Department of currently vacant property owned by Alvin M. Inoue, Sharon K. Scheele, and Della E. Yamashiro, fka Della E. Allison, identified as being the entire Suite 229 located on the second floor (or lobby level) of the Hilo Lagoon Centre, a portion of Tax Map Key: (3)2-2-014-010:057 adjacent to the current Department of Liquor Control Conference Room, and containing an area of 1,917 square feet (referred to as Suite 229). Reference: Comm. 139 Intr. by: Ms. Poindexter First Reading: March 13, 2013 Note: Second of two required readings, Section 101-13, Hawai‘i Revised Statutes Page 11 Hawai‘i County Council-8 March 28, 2013 Bill 35: 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 Hawai‘i Energy Rebate – State ($35,000); and appropriates same to Light Emitting Diode (LED) Light Rebate Program. Reference: Comm. 123 Intr. by: Ms. Poindexter First Reading: March 13, 2013 REPORTS PC-26: Recommends the confirmation of the appointment of Mr. Gregory G. Ogin to (Comm. 149) the Kona Community Development Plan Action Committee. PC-27: Recommends the confirmation of the appointment of Mr. Hiram P. Rivera to (Comm. 149) the Kona Community Development Plan Action Committee. PC-28: Recommends the confirmation of the appointment of (Comm. 149) Mr. Chauncey T. Wong Yuen to the Kona Community Development Plan Action Committee. PC-29: Recommends the confirmation of the appointment of Mr. Aaron N. Nagata to (Comm. 149) the Kona Community Development Plan Action Committee. PC-30: Recommends the confirmation of the appointment of Ms. Elaine Fukushima (Comm. 149) to the Kona Community Development Plan Action Committee. PSMTC-5: Recommends the confirmation of the appointment of (Comm. 170) Mr. Oliver “Sonny” Shimaoka (Council District 9) to the Transportation Commission. PSMTC-6: Recommends the confirmation of the appointment of Mr. Bryan H. Lindsey (Comm. 171) to the Liquor Control Adjudication Board. Page 12 Hawai‘i County Council-8 March 28, 2013 REFERRALS FOR EXECUTIVE SESSION Comm. 208: REQUEST FOR AMENDMENT OF CURRENT SPECIAL COUNSEL CONTRACT FOR COUNTY OF HAWAI‘I V. OCEANSIDE 1250 PARTNERS, ET. AL., CIV. NO. 10-01-157K From Corporation Counsel Lincoln S. T. Ashida, dated March 7, 2013, requesting that this matter be discussed in executive session pursuant to Section 92-5(a)(4) and (8), Hawai‘i Revised Statutes, as amended (hereinafter “HRS”). The Corporation Counsel anticipates discussion on questions and issues pertaining to the Council’s powers, duties, privileges, immunities, and liabilities in the hiring of special counsel and the enlargement of the present special counsel contract, and on pricing information protected from present disclosure pursuant to HRS Sections 103D-304(f) and 103D-105. Comm. 209: DISCUSSION OF 1250 OCEANSIDE PARTNERS, A HAWAI‘I LIMITED COMPANY, DEBTOR AND DEBTOR-IN-POSSESSION (CASE NO. 13-00353), FRONT NINE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, DEBTOR AND DEBTOR-IN-POSSESSION (CASE NO. 13-00354), AND PACIFIC STAR COMPANY, LLC DBA PACIFIC STAR PROPERTIES, AN ARIZONA LIMITED LIABILITY COMPANY, DEBTOR AND DEBTOR-IN-POSSESSION (CASE NO. 13-00355), [ALSO KNOWN AS HOKULI‘A] IN THE UNITED STATES BANKRUPTCY COURT, DISTRICT OF HAWAI‘I, HONOLULU, HAWAI‘I REGARDING THEIR FILING FOR RELIEF UNDER CHAPTER 11 OF THE BANKRUPTCY CODE ON MARCH 6, 2013 From Council Member Brenda J. Ford, dated March 8, 2013, requesting the above matter be discussed (and may require the Council to convene an executive session) and attaches the following documents: “First Day” Motions and Applications, Voluntary Petition, List of Creditors, and Press Release from Bloomberg.com. Waived: FC (Note: Under the topic heading of “Communications” on this agenda, Communication 209 has been listed so that the Council can discuss this matter.) (Comm. 211 continues on the next page.) Page 13 Hawai‘i County Council-8 March 28, 2013 Comm. 211: PALILA, ET. AL. V. HAWAI‘I DEPARTMENT OF LAND AND NATURAL RESOURCES, ET. AL., CIV. NO. 78-0030 JMS – REQUEST FOR EXECUTIVE MEETING TO DISCUSS MOTION FOR DECLARATORY AND INJUNCTIVE RELIEF REGARDING HAWAI‘I COUNTY’S ORDINANCE PROHIBITING AERIAL ERADICATION From Corporation Counsel Lincoln S. T. Ashida, dated March 11, 2013, requesting that this matter be discussed in executive session pursuant to Section 92-5(a)(4), Hawai‘i Revised Statutes, as amended. The Corporation Counsel anticipates discussion on questions and issues pertaining to the Council’s powers, duties, privileges, immunities, and liabilities with respect to Sections 14-111 and 14-112, Hawai‘i County Code 1983 (2005 Edition) (Ordinance No. 12-109). The Council anticipates convening an executive meeting regarding the above matters, pursuant to Section 92-5(a)(4) and (8), 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 No. 2 and No. 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 March 25, 2013. Relay users please call 711(961-8255) to contact our office. Public attendance via videoconference is available at the following locations until 4:30 p.m. or later in the event public witness testimony has not been completed:  Hilo Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5  Pāhoa Council Office, Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 304 Page 14 Hawai‘i County Council-8 March 28, 2013 Public attendance via videoconference is available at the following location until 3:00 p.m. or later in the event public witness testimony has not been completed:  Hawaiian Ocean View Estates Community Center, 92-8924 Leilani Circle If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. 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 Allowable video content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). formats are to be internet-based, downloadable, and accessible to this office and the general public; e.g. YouTube being the most commonly known but any, of similar functionality and format we can access and review, is acceptable. Viewing of Meetings on Government Access Television - Channel 55: thththththth Wednesdays, April 10 and 17 at 6 p.m.; Fridays, April 12 and 19 at 12 p.m.; and Sundays, April 7 and 14 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/.) UPCOMING MEETINGS MONDAY, APRIL 8, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, APRIL 9, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, APRIL 10, 2013 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street Page 15 Hawai‘i County Council-8 March 28, 2013 THURSDAY, APRIL 11, 2013 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street FRIDAY, APRIL 12, 2013 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street TUESDAY, APRIL 16, 2013 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A COUNCIL PUBLIC HEARING 5:00 P.M. WEST HAWAI‘I CIVIC CENTER RE OPERATING AND CAPITAL 74-5044 Ane Keohokālole Highway IMPROVEMENT BUDGETS Building A WEDNESDAY, APRIL 17, 2013 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 16