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Home My WebLink AboutAGE COUNCIL 2013/11/20 2012-2014 J YOSHIMOTO :;�<v os„.., BRENDA FORD Chairperson and Presiding Officer ��%¢ GREGGOR ILAGAN • DRU MAMO KANUHA KAREN EOFF _ ZENDO KERN•Vice-Chairperson +r ,� �:'•''��`: DENNIS"FRESH"ONISHI p �rE°`."� VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 28th Session ORDER OF BUSINESS sv ' W h — West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai`i November 20, 2013 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Senior Pastor James "Tex" Texeira of Solid Rock Ministries–Kona CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Hawai`i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-28 November 20, 2013 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Kona Gold Senior Presentation of a Certificate of Merit Co-Sponsored by Council Vice Chair Softball Team: Karen Eoff and Council Member Dru Mamo Kanuha recognizing and congratulating members of the Kona Gold Senior Softball Team for earning the th titles 2013 Hawai‘i County Champions and 38 Annual Hawai‘i State Senior Softball Champions. Reference: Comm. 459 Gregory Pailaka Presentation of a Certificate of Merit Sponsored by Council Member Dru Mamo “Bonga” Perkins Kanuha recognizing and congratulating Gregory Pailaka “Bonga” Perkins and and Craig Aina Craig Aina “Ina” Ynigues, Jr., for their unselfish acts of valor and heroism in “Ina” Ynigues, Jr.: saving the life of another person. Reference: Comm. 521 9:30 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. 490: NOMINATES MS. LEILA I. B. W. KEALOHA, MS. SUSAN L. OSBORNE, AND MR. ELMER R. SOLIS TO THE PUNA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor William P. Kenoi, dated October 28, 2013, submitting for Council’s review and confirmation the above nominations. Waived: PC Page 2 Hawai‘i County Council-28 November 20, 2013 ORDER OF RESOLUTIONS Res. 181-13: APPROVES LEGISLATIVE PROPOSALS FOR INCLUSION IN THE 2014 HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PACKAGE The resolution lists 14 proposals, which were submitted to the HSAC Executive Committee by all four counties. Only those proposals approved by all four counties will be included in the 2014 HSAC Legislative package. Reference: Comm. 448 Intr. by: Mr. Onishi Approve: GREDC-4 Res. 193-13: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR A MULTIFUNCTION COLOR COPIER FOR THE DEPARTMENT OF LIQUOR CONTROL IN HILO Authorizes the Mayor to enter into a five-year lease agreement for a multifunction color copier at a cost of approximately $450 per month. Reference: Comm. 473 Intr. by: Ms. Poindexter Approve: FC-106 Res. 194-13 (Draft 2): AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR MOBILE DATA TERMINALS TO BE USED BY THE HAWAI‘I COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into a three-year lease agreement for 100 mobile data terminals (MDT) to be placed in various police officers’ vehicles throughout the County. The MDTs provide officers immediate access to the database to check warrants, TROs, and prior arrest information, and allow officers to file reports while away from the station. Reference: Comm. 474.2 Intr. by: Ms. Poindexter Approve: FC-107 Page 3 Hawai‘i County Council-28 November 20, 2013 Res. 195-13: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE EMPLOYERS AND THE HAWAI‘I GOVERNMENT EMPLOYEES ASSOCIATION (HGEA) UNIT 13 AND EMPLOYEES EXCLUDED FROM UNIT 13 FOR THE CONTRACT PERIOD JULY 1, 2013 THROUGH JUNE 30, 2017 Cost items presented for the Council’s consideration are across-the-board increases and step movements (salaries and wages). The estimated cost to the County over the four years of the new contract will be $12,505,969. Reference: Comm. 475 Intr. by: Ms. Poindexter Approve: FC-108 Res. 199-13: GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3-58 (a)(5)(B), 3-58 (c), AND 3-59 (a)(4), HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE WALL SIGN ON 75-1000 HENRY STREET, TMK NUMBER (3) 7-5-004:058 (ZONED “U” CG-20, KAILUA VILLAGE SPECIAL DESIGN DISTRICT) The proposed sign is 39 square feet in area (maximum allowable area is 22 square feet) with 12- and 18-inch-high lettering with a 30-inch-high symbol mounted at 30 feet above finish grade (maximum letter and/or symbol is 9 inches). The business is located in CG-20 (General-Commercial 20,000 square feet) zone, which limits the proposed sign to 9 feet in height. Reference: Comm. 479 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-30 Res. 200-13: URGES THE PLANNING DIRECTOR TO NAME THE ACCESS ROAD TO THE WEST HAWAI‘I VETERANS CEMETERY “KE ALA KOA,” WHICH TRANSLATES TO “THE TRAIL OF WARRIORS.” Representatives from the West Hawai‘i Veterans Council, Inc., requests that the access road to the West Hawai‘i Veterans Cemetery be named. The Hawai‘i County Veterans Advisory Committee voted in favor of naming the access road “Ke Ala Koa.” Reference: Comm. 486 Intr. by: Ms. Eoff Waived: PC Page 4 Hawai‘i County Council-28 November 20, 2013 Res. 202-13: AUTHORIZES THE PAYMENT OF FUNDS IN FUTURE FISCAL YEARS ON A MULTI-YEAR CONTRACT FOR AN INDEPENDENT AUDITOR(S) TO PERFORM THE ANNUAL AUDIT OF THE ACCOUNTS AND OTHER EVIDENCE OF FINANCIAL TRANSACTIONS OF THE COUNTY AND OF EVERY COUNTY AGENCY AND EXECUTIVE AGENCY Authorizes the Council Chair, through the Legislative Auditor, to proceed with the award of a multi-year contract for an independent auditor to perform required annual audit services covering fiscal years ending June 30, 2014, through June 30, 2017. Reference: Comm. 488 Intr. by: Ms. Poindexter Waived: FC Postponed: November 6, 2013 (Note: There is a pending motion by Ms. Poindexter and duly seconded by Mr. Kern to approve Res. 202-13. In addition, Resolution 202-13 is listed under the topic headings of “Order of Resolutions” and “Referrals for Executive Session.”) Res. 203-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR DRAINAGE IMPROVEMENTS AT THE PANA‘EWA EQUESTRIAN CENTER Transfers/appropriates $1,248.10 out and from Clerk-Council Services – Contingency Relief; credits same to Department of Parks and Recreation, Pana‘ewa Zoo Other Current Expenses, 229 Building and Construction Materials (Drainage line project for the Pana‘ewa Equestrian Center). Contingency Relief funds from District 3 will be used to install drainage lines. Reference: Comm. 493 Intr. by: Mr. Onishi Waived: FC Page 5 Hawai‘i County Council-28 November 20, 2013 Res. 204-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE VEHICLE AND EQUIPMENT MAINTENANCE FACILITY ROOF REPLACEMENT PROJECT AT THE WAIĀKEA FIRE STATION Transfers/appropriates $25,000 out and from Clerk-Council Services – Contingency Relief; credits same to Department of Public Works, Building Repair and Maintenance Other Current Expenses, 110 Repairs to Facilities (Vehicle and Maintenance Facility Roof Replacement at the Waiākea Fire Station). Contingency Relief funds from District 3 will be used to purchase and install a new roof. Reference: Comm. 494 Intr. by: Mr. Onishi Waived: FC Res. 205-13: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD A GRANT TO THE HAWAI‘I TROPICAL FLOWER COUNCIL (HTFC) Funds will be used to support HTFC’s strategic marketing efforts to expose local floral and foliage producers to new markets. HTFC’s plans will involve establishing an educational and marketing presence at several national flower shows to be held this fiscal year in Philadelphia, Chicago, and other markets across the United States. Reference: Comm. 495 Intr. by: Ms. Poindexter Waived: FC Res. 209-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $1,500 TO THE OFFICE OF MANAGEMENT TO SUPPORT THE MAYOR’S HEALTH INITIATIVE Donated by Kaiser Permanente Hawai‘i, funds will be used to support activities and incentives for the Mayor’s Health Initiative. Reference: Comm. 500 Intr. by: Ms. Poindexter Waived: FC Page 6 Hawai‘i County Council-28 November 20, 2013 Res. 210-13: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FIRE RESCUE EQUIPMENT FOR USE BY THE HAWAI‘I FIRE DEPARTMENT’S FIRE RESCUE AND OCEAN SAFETY DIVISIONS Donated by the Daniel Sayre Memorial Foundation, 36 buoyancy compensation devices (total value of $13,855.43) will provide for the safety of our Fire Department personnel when performing rescue services. Reference: Comm. 501 Intr. by: Ms. Poindexter Waived: FC Res. 211-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $150 TO THE HAWAI‘I FIRE DEPARTMENT TO BE USED BY THEIR PEPE‘EKEO VOLUNTEER FIRE COMPANY Donated by the Pepe‘ekeo Community Association, funds will be used to purchase a new refrigerator. Reference: Comm. 502 Intr. by: Ms. Poindexter Waived: FC Res. 212-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $100 TO THE HAWAI‘I FIRE DEPARTMENT TO BE USED BY THEIR PEPE‘EKEO VOLUNTEER FIRE COMPANY Donated by the Hāmākua Coast Community Federal Credit Union, funds will be used to purchase a new refrigerator. Reference: Comm. 503 Intr. by: Ms. Poindexter Waived: FC Res. 213-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $100 TO THE HAWAI‘I FIRE DEPARTMENT TO BE USED BY THEIR PEPE‘EKEO VOLUNTEER FIRE COMPANY Donated by the Rural South Hilo Community Association, funds will be used to purchase a new refrigerator. Reference: Comm. 504 Intr. by: Ms. Poindexter Waived: FC Page 7 Hawai‘i County Council-28 November 20, 2013 Res. 214-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE TRANSPORTATION TO A HOLIDAY EVENT FOR ELDERLY NATIVE HAWAIIANS Transfers/appropriates $618 out and from Clerk-Council Services – Contingency Relief; credits same to Mass Transit, Mass Transit Other Current Expenses, 115 Miscellaneous Contract Services (ALU LIKE, Inc., Kupuna Holiday Event). Contingency Relief funds from District 4 will be used to transport elderly Native Hawaiians to a holiday event in West Hawai‘i. Reference: Comm. 505 Intr. by: Mr. Ilagan Waived: FC Res. 215-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR A YOUTH FOOTBALL CAMP IN PĀHOA Transfers/appropriates $800 out and from Clerk-Council Services – Contingency Relief; credits same to Department of Parks and Recreation, Parks and Recreation Other Current Expenses, 115 Miscellaneous Contract Services (Hawai‘i Football Club Camp). Contingency Relief funds from District 4 will be used to coordinate efforts with the Hawai‘i Football Club and three National Football League (NFL) players. Reference: Comm. 506 Intr. by: Mr. Ilagan Waived: FC Res. 216-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR TOBACCO-FREE GROUNDS SIGNS Transfers/appropriates $3,000 out and from Clerk-Council Services – Contingency Relief; credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expenses, 229 Building and Construction Materials (Tobacco-Free Grounds Signs). Contingency Relief funds from District 3 will be used to install signs at County parks and recreational facilities. Reference: Comm. 508 Intr. by: Mr. Onishi Waived: FC Page 8 Hawai‘i County Council-28 November 20, 2013 Res. 217-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR THE PURCHASE OF CITRIC ACID FOR THE WAIMEA AND HONOKA‘A DISTRICTS Transfers/appropriates $2,500 out and from Clerk-Council Services – Contingency Relief; credits same to Research and Development, Agriculture Research and Development Other Current Expenses, 115 Miscellaneous Contract Services (Purchase of citric acid for Waimea and Honoka‘a districts). Contingency Relief funds from District 1 will be used in the effort to control the coqui frog infestation. Reference: Comm. 509 Intr. by: Ms. Poindexter Waived: FC Res. 218-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR WILDLAND FIREFIGHTING BOOTS AND EQUIPMENT FOR VOLUNTEER FIREFIGHTERS IN PU‘UANAHULU AND KALAOA, NORTH KONA Transfers/appropriates $3,800 out and from Clerk-Council Services – Contingency Relief; credits same to Hawai‘i Fire Department, Training and Volunteer Fire Other Current Expenses, 231 Public Safety Supplies (Firefighting Boots and Equipment for Pu‘uanahulu and Kalaoa Volunteer Firefighters). Contingency Relief funds from District 8 will be used to purchase 19 pairs of boots and equipment. Reference: Comm. 510 Intr. by: Ms. Eoff Waived: FC Page 9 Hawai‘i County Council-28 November 20, 2013 Res. 219-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR PURCHASE OF A COMMEMORATIVE BRICK IN THE KAPILINA BRICK GARDEN PROJECT Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency Relief; credits same to Office of Management, Office of Management Other Current Expenses, 115 Miscellaneous Contract (Kapilina Brick Garden Project). Contingency Relief funds from District 8 will be used to place a commemorative brick in the name of Hawai‘i County in the Kapilina Brick Garden, a community brick project at the West Hawai‘i Civic Center dedicated to recognizing the community bond between partner non-profit organizations, businesses, and government. Reference: Comm. 511 Intr. by: Ms. Eoff Waived: FC Res. 220-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR PROJECT LIFESAVER PROGRAM Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency Relief; credits same to Hawai‘i Fire Department, Fire Protection Equipment, 458 Rescue Equipment (Project Lifesaver). Contingency Relief funds from District 7 will be used to purchase tracking bracelets and remote tracking devices. Reference: Comm. 512 Intr. by: Mr. Kanuha Waived: FC Page 10 Hawai‘i County Council-28 November 20, 2013 Res. 223-13: PROVIDES FOR THE ACQUISITION OF PRIVATE PROPERTIES BY EMINENT DOMAIN, BEING PORTIONS OF TAX MAP KEY: (3) 8-1-09: 34 & 52 (PARCEL 22), 33 & 49 (PARCEL 23), 03, 50 & 51 (PARCEL 24), 08 (PARCEL 27) AND 07 (PARCEL 28), SITUATED AT KA‘AWALOA, SOUTH KONA, COUNTY AND STATE OF HAWAI‘I, FOR THE DEVELOPMENT AND CONSTRUCTION OF MĀMALAHOA BYPASS ROAD, JOB NO. E-4163, AND NĀPŌ‘OPO‘O ROAD/MĀMALAHOA HIGHWAY IMPROVEMENTS, JOB NO. E-4614 Acquisition of these five parcels is needed to complete the development and construction of the last phase of the Māmalahoa Highway Bypass Road from south of the intersection of Māmalahoa Highway Bypass Road and Haleki‘i Street to the intersection of Napo‘opo‘o Road and Māmalahoa Highway Intersection. Reference: Comm. 518 Intr. by: Ms. Poindexter Waived: FC Note: First of two required readings, Section 101-13, Hawai‘i Revised Statutes BILLS FOR ORDINANCES (FIRST READING) Bill 141: AMENDS CHAPTER 2, ARTICLE 3, SECTION 2-9 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SETTLEMENT OF CLAIMS Increases the settlement amount for claims to be settled by the Office of the Corporation Counsel, without Council authorization, from $1,500 to $5,000. Reference: Comm. 469 Intr. by: Ms. Poindexter Approve: FC-104 ; and Comm. 469.1: From Council Member Valerie T. Poindexter, dated November 7, 2013, transmitting proposed amendments to Bill 141 increasing the above settlement amount from $1,500 to $10,000. Page 11 Hawai‘i County Council-28 November 20, 2013 Bill 142: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues of $10,888 in the Hawai‘i Energy Rebate - State account, and appropriates same to the Light Emitting Diodes, Light Rebate Program account. Funds will be used by the Public Works Department’s Traffic Division towards future energy savings efforts. Reference: Comm. 472 Intr. by: Ms. Poindexter Approve: FC-105 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 119: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI‘I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KEONEPOKO IKI, PUNA, HAWAI‘I (TAX MAP KEY: 1-5-007:006, 069 & 070) (Applicant: B. T. Kuwahara, LLC; Approximately 9.93 Acres) The applicant requests a change of district classification to develop a commercial center consisting of approximately 104,326 square feet of leasable space. Reference: Comm. 409 Intr. by: Mr. Kern (B/R) Postponed: October 16, 2013 First Reading: November 6, 2013 Bill 120 (Draft 2): AMENDS SECTION 25-8-26 (PĀHOA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – 1 ACRE (A-1a) TO VILLAGE COMMERCIAL – 10,000 SQUARE FEET (CV-10) AT KEONEPOKO IKI, PUNA, HAWAI‛I, COVERED BY TAX MAP KEY 1-5-007:006, 069 & 070 (Applicant: B. T. Kuwahara, LLC; Approximately 9.93 Acres) The applicant requests a change of zone to develop a commercial center consisting of approximately 104,326 square feet of leasable space. Reference: Comm. 409.8 Intr. by: Mr. Kern (B/R) Postponed: October 16, 2013 First Reading: November 6, 2013 Page 12 Hawai‘i County Council-28 November 20, 2013 Bill 135: AMENDS CHAPTER 14 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCTS Makes it unlawful for any person to distribute a tobacco product to any person under 21 years of age, to take effect on July 1, 2014. Those persons at least eighteen years old on or before July 1, 2014, would be exempt from this law. Reference: Comm. 447 Intr. by: Mr. Kanuha First Reading: November 6, 2013 Bill 137 (Draft 2): AMENDS CHAPTER 12, ARTICLE 2, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PROCEEDINGS FOR THE FORMATION OF IMPROVEMENT DISTRICTS Clarifies the procedures for and usage of the combined hearing process as it relates to the final details of plans and specifications to be prepared after public hearings. Also adds a ten percent cost overrun threshold to clarify materially significant costs that would trigger a second public hearing. Reference: Comm. 452.2 Intr. by: Ms. Poindexter First Reading: November 6, 2013 Bill 138: AMENDS ORDINANCE NO. 13-66, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2013 TO JUNE 30, 2014 Adds the Public Works Nani Kailua Extension project for $3.5 million to the Capital Budget. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (State Capital Improvements Project). This project will provide a new mauka- makai connector from Ali‘i Drive, in the vicinity of Oneo Bay, to the Kuakini Highway. Reference: Comm. 454 Intr. by: Mr. Kanuha First Reading: November 6, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 13 Hawai‘i County Council-28 November 20, 2013 Bill 139: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Section 24-271, Schedule 19 (Prohibited left turn areas), Subsection (c), South Hilo, by adding “Barenaba Lane at Kīlauea Avenue.” The amendment restricts left turns at the Barenaba Lane/Kīlauea Avenue intersection in order to preserve and maximize on-street parking along Kīlauea Avenue southeast of Barenaba Lane. Reference: Comm. 455 Intr. by: Mr. Kanuha (B/R) First Reading: November 6, 2013 Bill 140: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Section 24-265, Schedule 13 (Yield locations), Paragraph (g), Puna, by adding “North Oshiro Road, Southeast approach to bridge adjacent to parcels (3)1-8-005:029 and (3)1-8-073:003.” The amendment is at the request of the public to assign right-of-way at the subject one-lane bridge. Reference: Comm. 456 Intr. by: Mr. Kanuha (B/R) First Reading: November 6, 2013 Page 14 Hawai‘i County Council-28 November 20, 2013 REPORTS REFERRALS FOR EXECUTIVE SESSION Res. 202-13: AUTHORIZES THE PAYMENT OF FUNDS IN FUTURE FISCAL YEARS ON A MULTI-YEAR CONTRACT FOR AN INDEPENDENT AUDITOR(S) TO PERFORM THE ANNUAL AUDIT OF THE ACCOUNTS AND OTHER EVIDENCE OF FINANCIAL TRANSACTIONS OF THE COUNTY AND OF EVERY COUNTY AGENCY AND EXECUTIVE AGENCY Authorizes the Council Chair, through the Legislative Auditor, to proceed with the award of a multi-year contract for an independent auditor to perform required annual audit services covering fiscal years ending June 30, 2014, through June 30, 2017. Reference: Comm. 488 Intr. by: Ms. Poindexter Waived: FC Postponed: November 6, 2013 (Note: There is a pending motion by Ms. Poindexter and duly seconded by Mr. Kern to approve Res. 202-13. In addition, Resolution 202-13 is listed under the topic headings of “Order of Resolutions” and “Referrals for Executive Session.”) ; and Comm. 488.1: REQUEST FOR EXECUTIVE SESSION FOR RES. 202-13 AND TO DISCUSS THE EVALUATON COMMITTEE’S RECOMMENDATION REGARDING REQUEST FOR PROPOSAL NO. 2964 TO CONDUCT AUDITS OF THE ACCOUNTS AND OTHER EVIDENCE OF FINANCIAL TRANSACTIONS OF THE COUNTY OF HAWAI‘I From Acting Legislative Auditor Lane H. Shibata, dated November 6, 2013, requesting an executive session for the selection of an independent auditor. The Council anticipates convening an executive meeting regarding the above matters, pursuant to Sections 92-5(a)(8) and 92-5(a)(4), for the purpose of deliberating or deciding upon a matter that requires the consideration of information that must be kept confidential pursuant to a state law (including, but not limited to, Chapter 103D-303(d) and Hawai‘i Administrative Rules 3-122-53(f) and 3-122-58), as well as 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. Page 15 Hawai‘i County Council-28 November 20, 2013 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 November 18, 2013 accommodations for this meeting should call 961-8255 by . Relay users please call 711(961-8255) to contact our office. Public attendance via videoconference is also available at the following locations until 4:30 p.m. or later in the event public witness testimony has not been completed:  County Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401; and  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5. Public attendance via videoconference is also available at the following locations 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;  Pāhoa Neighborhood Facility, 15-2710 Kauhale Street, Pāhoa; and  County Facility (former Bank of Hawai‘i Building), 54-3888 Akoni Pule Highway, Kohala. 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 before 12:00 noon on the business copies for distribution. Public testimony may also be submitted day prior to the meeting :(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to Please submit separate testimony for each item. counciltestimony@co.hawaii.hi.us. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address before 12:00 noon on the business day prior to the (url) to videotestimony@hawaiicounty.gov meeting . The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video Page 16 Hawai‘i County Council-28 November 20, 2013 Each video submittal shall be limited to a single agenda item submittal. . 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). Allowable video 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: thth Wednesdays, November 27 and December 4, following the viewing of the continued November 5, 2013, Special Council Meeting on November 19, 2013, which is scheduled to start at 6 p.m.; Fridays, thth November 29 and December 6, following the viewing of the continued November 5, 2013, Special Council Meeting on November 19, 2013, which is scheduled to start at 12 p.m.; and Sundays, stth December 1 and 8, following the viewing of the continued November 5, 2013, Special Council Meeting on November 19, 2013, which is scheduled to start 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-55/.) UPCOMING MEETINGS TUESDAY, DECEMBER 3, 2013 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, DECEMBER 4, 2013 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A TUESDAY, DECEMBER 17, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, DECEMBER 18, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 17