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Home My WebLink AboutAGE COUNCIL 2014/02/19 2012-2014 J YOSHIMOTO �J�sv.os •p,�, BRENDA J. FORD Chair and Presiding Officer Jy\ `, GREGGOR ILAGAN t DRU MAMO KANUHA KAREN EOFF ZENDO KERN Vice Chair +f : °...... 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 t,s 35th Session -" -o ORDER OF BUSINESS West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai`i February 19, 2014 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Pastor Keith Elliott of Kona Church of God CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Serving the Interests of the People of Our Island Hawai`i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-35 February 19, 2014 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Parker School Presentation of Certificates of Merit Sponsored by Council Member Debate Team and Margaret Wille recognizing and congratulating the members of the Parker School Coaches: Debate Team and their coaches for receiving a trophy at the Non-Qualifying Debate Tournament on O‘ahu for winning two sweepstakes awards: the largest number of ballots and the highest percentage of wins. Reference: Comm. 688 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) APPROVAL OF MINUTES COMMUNICATIONS Comm. 685: APPOINTMENTS TO HAWAI‘I STATE ASSOCIATION OF COUNTIES, INC. (HSAC), AND NOMINEES FOR THE NATIONAL ASSOCIATION OF COUNTIES (NACo) AND WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS From Council Chair J Yoshimoto, dated February 10, 2014, transmitting a request by HSAC President Mel Rapozo that the Council submit to HSAC its approved appointee and alternate appointee to serve on HSAC for Fiscal Year 2014-2015, as well as the Council’s nominees to serve on the NACo and WIR Board of Directors. Waived: GREDC Comm. 687: REQUEST FOR AGENDIZING DISCUSSION ON PAYMENT OF SPECIAL COUNSEL FEES TO ROBERT KIM, ESQUIRE, FOR SERVICES RENDERED TO DEPARTMENT OF ENVIRONMENTAL MANAGEMENT DIRECTOR BOBBY JEAN LEITHEAD-TODD IN DEFENDING AGAINST A DISMISSED LAWSUIT (BRENDA J. FORD V. BOBBY JEAN LEITHEAD-TODD, S.P. NO. 13-1-34k) From Council Chair J Yoshimoto, dated February 11, 2014, transmitting a request from Corporation Counsel Lincoln S. T. Ashida to discuss the above matter in open session. (Note: Under the topic heading of “Referrals for Executive Session” on this agenda, Communication 687 has been listed in anticipation that the Council may convene an executive session on this matter.) Page 2 Hawai‘i County Council-35 February 19, 2014 ORDER OF RESOLUTIONS Res. 262-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR A SHADE CANOPY AT OLD KONA AIRPORT PARK Transfers/appropriates $8,000 out and from Clerk-Council Services – Contingency Relief (Council District 8); credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expenses, Miscellaneous Materials and Supplies (Old Kona Airport Park). Reference: Comm. 589 Intr. by: Ms. Eoff Waived: FC Res. 272-14 PROPOSES A STATE BILL RELATING TO THE COUNTIES’ AUTHORITY (Draft 2): TO REGULATE THE CULTIVATION AND DEVELOPMENT OF GENETICALLY ENGINEERED CROPS AND PLANTS AND ASSOCIATED PESTICIDES Requests the State Legislature pass a bill (attached as Exhibit A) that would provide the counties greater authority over agricultural matters. Reference: Comm. 604.3 Intr. by: Ms. Wille Approve: GREDC-6 Res. 275-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR A SHADE CANOPY AT OLD KONA AIRPORT PARK Transfers/appropriates $8,000 out and from Clerk-Council Services – Contingency Relief (Council District 7); credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expenses, Miscellaneous Materials and Supplies (Old Kona Airport Park). Reference: Comm. 609 Intr. by: Mr. Kanuha Waived: FC Page 3 Hawai‘i County Council-35 February 19, 2014 Res. 277-14: URGES THE STATE DEPARTMENT OF TRANSPORTATION TO PROVIDE MATCHING FUNDS FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF A PARKING LOT AND A STUDENT DROP- OFF/PICK-UP FACILITY AT HONOKA‘A ELEMENTARY SCHOOL The proposed facility would provide additional parking and improved access to the school. The facility would have a covered sidewalk for students and be shared with Honoka‘a Park. Reference: Comm. 617 Intr. by: Ms. Poindexter Approve: GREDC-7 Res. 286-14: URGES THE HAWAI‘I STATE LEGISLATURE TO PASS SENATE BILL NUMBER 2920 AND HOUSE BILL NUMBER 2469 TO ADDRESS THE THREAT OF THE LITTLE FIRE ANT The bills would fund a pilot project to develop strategies to combat the little fire ant on all islands, hire personnel, purchase three different types of pesticides, and provide equipment maintenance. Reference: Comm. 643 Intr. by: Mr. Onishi Waived: GREDC Res. 287-14: URGES THE HAWAI‘I STATE LEGISLATURE TO APPROVE SENATE BILL NUMBER 3067, WHICH WILL APPROPRIATE FUNDS FOR A FEASIBILITY STUDY FOR A PROPOSED REGIONAL LIBRARY IN THE PUNA DISTRICT The bill would appropriate $350,000 in general revenues for a feasibility study, which would include plans for design, site improvements, and construction. Reference: Comm. 646 Intr. by: Mr. Ilagan Waived: GREDC Page 4 Hawai‘i County Council-35 February 19, 2014 Res. 288-14: URGES THE HAWAI‘I STATE LEGISLATURE TO APPROVE HOUSE BILL (H.B.) NUMBERS 1722 AND 2360 AND SENATE BILL (S.B.) NUMBER 2348, WHICH APPROPRIATE FUNDS TO AUGMENT EMERGENCY MEDICAL SERVICES IN THE COUNTY OF HAWAI‘I H.B. 1722 and S.B. 2348 would provide for two special emergency medical response vehicle units to be based in Puna and North Kona, and for the acquisition of vehicles, equipment, and personnel costs for state-certified emergency medical service personnel. H.B. 2360 would appropriate a grant-in- aid to the Hawai‘i Fire Department to provide Puna with an emergency medical services unit (special emergency medical response vehicle). Reference: Comm. 647 Intr. by: Mr. Ilagan Waived: GREDC Res. 289-14: URGES THE HAWAI‘I STATE LEGISLATURE TO APPROVE SENATE BILL (S.B.) NUMBER 2941 AND HOUSE BILL (H.B.) NUMBER 2521, WHICH APPROPRIATE FUNDS TO MANAGE HAZARDOUS TREES S.B. 2941 would appropriate $5 million for the removal of hazardous Albizia trees and for the treatment of non-hazardous Albizia trees to at least 150 feet from portions of selected roadways. H.B. 2521 would appropriate funds from general revenues to cut, trim, or remove trees that pose a hazard to other properties. Reference: Comm. 648 Intr. by: Mr. Ilagan Waived: GREDC Res. 290-14: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NUMBER 10, VOTING, RELATING TO AYE AND NO The amendment would allow Council Members to express their affirmative or negative vote in the host culture language of Hawaiian by adding “‘ae” and “‘a‘ole,” respectively. Reference: Comm. 649 Intr. by: Ms. Wille Page 5 Hawai‘i County Council-35 February 19, 2014 Res. 291-14: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NUMBER 2, MEETINGS, RELATING TO ROLL CALL The amendment would provide guidance, as well as allow Council Members to respond in the host culture language of Hawaiian, by providing “present,” “here,” and “eō” as acceptable responses to the roll call. Reference: Comm. 650 Intr. by: Ms. Wille Res. 292-14: URGES THE HAWAI‘I STATE LEGISLATURE TO PASS SENATE BILL NUMBER 2401 AND HOUSE BILL NUMBER 1570 TO HELP VICTIMS OF DOMESTIC ABUSE The bills would help victims of domestic abuse by extending the 48-hour separation period, when appropriate, to 4:30 p.m. on the second business day following the weekend or legal holiday. Reference: Comm. 652 Intr. by: Mr. Onishi Waived: GREDC Res. 293-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO REFURBISH PLAYGROUND EQUIPMENT AT THE ARTHUR C. GREENWELL PARK Transfers/appropriates $8,600 out and from Clerk-Council Services – Contingency Relief (Council District 6); credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expenses, Miscellaneous Materials and Supplies (Refurbish Greenwell Park Children’s Playground Equipment). Reference: Comm. 653 Intr. by: Ms. Ford Waived: FC Page 6 Hawai‘i County Council-35 February 19, 2014 Res. 294-14: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE FIRE APPARATUS (TANKER TRUCK) FOR THE HAWAI‘I FIRE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement at an estimated cost of $7,000 per month, or $420,000 over the five-year period. The tanker truck would be assigned to West Hawai‘i, providing an additional 3,000 gallons of water to fight fires. Reference: Comm. 659 Intr. by: Ms. Poindexter Waived: FC (Comm. 659.1) Res. 295-14: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO FIRE APPARATUS (FIRE TRUCKS) FOR THE HAWAI‘I FIRE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for two fire trucks at a total estimated cost of not more than $23,500 per month; or $282,000 per year, for a total cost of $1,410,000 over the five-year period. The fire trucks would replace those assigned to the Honoka‘a and Kea‘au Fire Stations. Reference: Comm. 660 Intr. by: Ms. Poindexter Waived: FC (Comm. 660.1) Res. 296-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, FOR THE IMPROVE FORENSIC SCIENCES GRANT TO THE HAWAI‘I COUNTY POLICE DEPARTMENT Funds of $26,830 would be used to train Crime Laboratory personnel. Reference: Comm. 661 Intr. by: Ms. Poindexter Waived: FC Res. 297-14: 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 Daniel Sayre Memorial Foundation and valued at $44,517.11. Reference: Comm. 662 Intr. by: Ms. Poindexter Waived: FC Page 7 Hawai‘i County Council-35 February 19, 2014 Res. 298-14: URGES THE HAWAI‘I STATE LEGISLATURE TO PASS SENATE BILL NUMBER 879, SENATE DRAFT 1, HOUSE DRAFT 2, TO INCREASE THE PER DIEM STIPEND FOR WITNESSES IN CRIMINAL CASES The bill would increase the per diem stipend for the personal expenses of witnesses who are out-of-state or who have to stay overnight on another island. The estimated increase would be $21,000 per year. Reference: Comm. 663 Intr. by: Mr. Onishi Waived: GREDC Res. 299-14: URGES THE HAWAI‘I STATE LEGISLATURE TO PASS SENATE BILL NUMBER 2584 AND HOUSE BILL NUMBER 2150, WHICH APPROPRIATE FUNDS TO THE PACIFIC INTERNATIONAL SPACE CENTER FOR EXPLORATION SYSTEMS (PISCES) FOR A PARTNERSHIP WITH THE STATE OF CALIFORNIA TO RESEARCH PLANETARY SUSTAINABILITY TECHNOLOGIES The bills would appropriate $250,000 to PISCES for planetary sustainability technology demonstrations and university-based competitions in a partnership with the State of California. Reference: Comm. 664 Intr. by: Mr. Onishi Waived: GREDC Res. 300-14: URGES THE HAWAI‘I STATE LEGISLATURE TO PASS SENATE BILL NUMBER 2583 AND HOUSE BILL NUMBER 2151, WHICH APPROPRIATE FUNDS TO THE PACIFIC INTERNATIONAL SPACE CENTER FOR EXPLORATION SYSTEMS (PISCES) FOR JOINT STUDIES WITH THE NATIONAL AERONAUTICAL AND SPACE ADMINISTRATION (NASA) FOR A LASER COMMUNICATIONS GROUND STATION IN HAWAI‘I The bills would appropriate $500,000 for a joint study with PISCES and NASA for a laser communications ground station if NASA provides matching funds. Reference: Comm. 665 Intr. by: Mr. Onishi Waived: GREDC Page 8 Hawai‘i County Council-35 February 19, 2014 Res. 301-14: URGES THE HAWAI‘I STATE LEGISLATURE TO APPROVE SENATE BILL NUMBER 2585 AND HOUSE BILL NUMBER 2152, WHICH APPROPRIATE FUNDS TO THE PACIFIC INTERNATIONAL SPACE CENTER FOR EXPLORATION SYSTEMS (PISCES) AND AUTHORIZE THE ISSUANCE OF GENERAL AUTHORIZATION BONDS FOR A HEADQUARTERS FACILITY The bills would appropriate $1,375,738 for PISCES operations and authorize the issuance of $1.5 million in general obligation bonds for the acquisition of land for a PISCES headquarters facility. Reference: Comm. 666 Intr. by: Mr. Onishi Waived: GREDC Res. 302-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE BUILDING MATERIALS FOR THE CONSTRUCTION OF NEW GATES AT HALE HĀLĀWAI Transfers/appropriates $7,500 out and from Clerk-Council Services – Contingency Relief (Council District 8); credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expenses, Building and Construction Materials (Building Materials for Hale Hālāwai Gates). Reference: Comm. 667 Intr. by: Ms. Eoff Waived: FC Res. 303-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR MATERIALS TO BUILD NEW GATES AT HALE HĀLĀWAI Transfers/appropriates $7,500 out and from Clerk-Council Services – Contingency Relief (Council District 7); credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expenses, Building and Construction Materials (Building Materials for Hale Hālāwai Gates). Reference: Comm. 672 Intr. by: Mr. Kanuha Waived: FC Page 9 Hawai‘i County Council-35 February 19, 2014 Res. 304-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR A SERVER AND LICENSES FOR THE HAWAI‘I COUNTY POLICE DEPARTMENT (HPD) Transfers/appropriates $10,000 out and from Clerk-Council Services – Contingency Relief (Council District 2); credits same to Hawai‘i County Police Department, Police Administration Division – Equipment; Equipment, Computer Equipment (Server and Licenses). Funds would allow HPD to interface with the Information Technology Department and thereby gain access to the e-mail system. Reference: Comm. 673 Intr. by: Mr. Yoshimoto Waived: FC Res. 305-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR ELECTRIC FANS AT THE WAIĀKEA RECREATION CENTER Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency Relief (Council District 2); credits same to Department of Parks and Recreation, Recreation Division Other Current Expenses, Miscellaneous Materials and Supplies (Waiākea Recreation Center Fans). Reference: Comm. 674 Intr. by: Mr. Yoshimoto Waived: FC Res. 306-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR WEST HAWAI‘I’S COMMUNITY BEACH CLEAN-UP Transfers/appropriates $3,000 out and from Clerk-Council Services – Contingency Relief (Council District 8); credits same to Department of Liquor Control, Public Programs, Miscellaneous Contract Services (West Hawai‘i’s Community Beach Clean-Up). Reference: Comm. 686 Intr. by: Ms. Eoff Waived: FC Page 10 Hawai‘i County Council-35 February 19, 2014 BILLS FOR ORDINANCES (FIRST READING) Bill 186: 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 following Public Works projects to the capital budget: Honoka‘a Elementary School Parking Lot and Student Drop-Off/Pick-Up Facility - County project ($2 million); and Honoka‘a Elementary School Parking Lot and Student Drop-Off/Pick-Up Facility - State ($2 million). Funds for this project shall be provided from State Capital Improvement Project ($2 million) and General Obligation Bonds, Capital Projects Fund-Fund Balance, and/or Other Sources ($2 million), and would be used for project management, engineering, infrastructure improvements, planning and design, and construction of the Honoka‘a Elementary School parking lot and student drop-off/pick-up facility. Reference: Comm. 618 Intr. by: Ms. Poindexter Approve: FC-129 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 189: AMENDS CHAPTER 11, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING POLICY Adds donations of finished lots and infrastructure to the density bonus entitlement for any project subject to an affordable housing requirement. Reference: Comm. 627 Intr. by: Ms. Eoff Approve: HSSSC-2 Bill 199: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Appropriates revenues in Federal Grants – Improve Forensic Sciences account ($26,830); appropriates same to Improve Forensic Sciences account. Funds would be used to train Crime Laboratory personnel. Reference: Comm. 661 Intr. by: Ms. Poindexter Waived: FC Page 11 Hawai‘i County Council-35 February 19, 2014 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 183: 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 NEIGHBORHOOD COMMERCIAL – 10,000 SQUARE FEET (CN-10) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2- 036:053 (Applicant: Sherry Jordan; approximately 11,771 square feet) The applicant is requesting a change of zone to the subject property on Laukapu Street in the Waiākea Houselots Subdivision in Hilo to renovate an existing single-family dwelling and relocate a real estate business to the site. Reference: Comm. 605 Intr. by: Mr. Kern (B/R) First Reading: February 5, 2014 Bill 184: AMENDS ORDINANCE NO. 02-49 WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL – 20,000 SQUARE FEET (CG-20) AT WAIĀKEA HOUSE LOTS SECOND SERIES, WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-022:005 (Applicant: Sandra Kaneshiro; approximately 20,640 square feet) The current applicant, who purchased the property in 2005, requests a five-year time extension to comply with Condition B (secure Final Plan Approval). The applicant proposes to demolish the existing dwelling, located on Kamana Street in Hilo, and construct a new commercial office building. Reference: Comm. 606 Intr. by: Mr. Kern (B/R) First Reading: February 5, 2014 Bill 187: 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 by $100,000 in the Federal Grants – Workforce Investment Act (WIA) account; and appropriates $62,280 in the WIA – Adult Program 2012-13 account and $37,720 in the WIA – Dislocated Worker Program 2012-13 account, for a total of $100,000. Funds would be used to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 622 Intr. by: Ms. Poindexter First Reading: February 5, 2014 Page 12 Hawai‘i County Council-35 February 19, 2014 Bill 190: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Appropriates revenues of $394,441 in the Federal Grants – HOME Investment Partnerships Program account; and appropriates same to the Mohouli Heights Senior Neighborhood Project, Hawai‘i Island Community Development Corporation account. Funds would be used to install a photovoltaic system in the Mohouli Heights Senior Neighborhood Project, which will consist of 60 one-bedroom, one-bath units for the elderly. Reference: Comm. 631 Intr. by: Ms. Poindexter First Reading: February 5, 2014 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended July 31, 2013, from the Department of Finance. Financial Report: Monthly Budget Status Report for the Month Ended August 31, 2013, from the Department of Finance. Financial Report: Monthly Budget Status Report for the Month Ended September 30, 2013, from the Department of Finance. FC-126: NOMINATES MR. GEORGE “DAVID” NAHUINA TO THE MERIT (Comm. 611) APPEALS BOARD From Mayor William P. Kenoi, dated January 7, 2014, submitting for the Council’s review and confirmation the above nomination. FC-127: NOMINATES MS. REIKO FORD TO THE TAX BOARD OF REVIEW (Comm. 629) From Mayor William P. Kenoi, dated January 8, 2014, submitting for the Council’s review and confirmation the above nomination. FC-128: NOMINATES MR. RICHARD A. DINGES TO THE TAX BOARD OF (Comm. 629) REVIEW From Mayor William P. Kenoi, dated January 8, 2014, submitting for the Council’s review and confirmation the above nomination. PC-54: NOMINATES MR. MAX E. NEWBERG TO THE BOARD OF APPEALS (Comm. 625) From Mayor William P. Kenoi, dated January 10, 2014, submitting for the Council’s review and confirmation the above nomination. Page 13 Hawai‘i County Council-35 February 19, 2014 PC-55: NOMINATES MR. CRAIG S. TAKAMINE TO THE WATER BOARD (Comm. 626) From Mayor William P. Kenoi, dated January 10, 2014, submitting for the Council’s review and confirmation the above nomination. REFERRALS FOR EXECUTIVE SESSION Comm. 644: SCOTT ANDREWS, ET AL. V HAWAI‘I COUNTY, ET AL. ; CIVIL NUMBER CV13-00046 JMS/KSC From Deputy Corporation Counsel Michael J. Udovic, dated January 29, 2014, requesting an attorney-client confidential discussion to consult with the Council regarding an incident occurring on or about December 18, 2010. Comm. 645: SCOTT L. ANDREWS, ET AL. V COUNTY OF HAWAI‘I ET AL. ; CIVIL NO. CV11-00512 JMS/BMK From Deputy Corporation Counsel Michael J. Udovic, dated January 29, 2014, requesting an attorney-client confidential discussion to consult with the Council regarding an incident occurring on or about August 24, 2009. Comm. 687: REQUEST FOR AGENDIZING DISCUSSION ON PAYMENT OF SPECIAL COUNSEL FEES TO ROBERT KIM, ESQUIRE, FOR SERVICES RENDERED TO DEPARTMENT OF ENVIRONMENTAL MANAGEMENT DIRECTOR BOBBY JEAN LEITHEAD-TODD IN DEFENDING AGAINST A DISMISSED LAWSUIT (BRENDA J. FORD V. BOBBY JEAN LEITHEAD-TODD, S.P. NO. 13-1-34k) From Council Chair J Yoshimoto, dated February 11, 2014, transmitting a request from Corporation Counsel Lincoln S. T. Ashida to discuss the above matter in open session. (Note: Under the topic heading of “Communications” on this agenda, Communication 687 has been listed so that the Council can discuss this matter.) 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 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.) Page 14 Hawai‘i County Council-35 February 19, 2014 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 February 14, 2014 accommodations for this meeting should call 961-8255 by . Relay users please call 711(961-8255) to contact our office. Notice is hereby given that pursuant to Hawai‘i Revised Statutes (hereinafter “HRS”) §92-3.5, the Hawai‘i County Council will be conducting this meeting via videoconference. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Council Members will be present at the following locations:  Hilo Council Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401 (Pursuant to Hawai‘i Revised Statutes, Section 92-7, and Council Rule No. 2, Council Member Dennis “Fresh” Onishi will be participating from the above location.)  Kona Council Room, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Bldg. A Public attendance via videoconference will be available at both of the above locations. Public attendance via videoconference is also available at the following location until 4:30 p.m. or later in the event public witness testimony has not been completed:  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5. Public attendance via videoconference is also available at the following locations until public testimony has been completed:  County Facility (former Bank of Hawai‘i Building), 54-3888 Akoni Pule Highway, Kohala;  Hawaiian Ocean View Estates Community Center, 92-8924 Leilani Circle; and  Pāhoa Neighborhood Facility, 15-2710 Kauhale Street. 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. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14)before 12:00 noon on copies for distribution. Public testimony may also be submitted the business 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. Page 15 Hawai‘i County Council-35 February 19, 2014 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 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). Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, February 26 and March 5, 2014, at 6 p.m.; Fridays, February 28 and March 7, 2014, at 12 p.m.; and Sundays, March 2 and 9, 2014, 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 FRIDAY, MARCH 7, 2014 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, MARCH 18, 2014 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, MARCH 19, 2014 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 16