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Home My WebLink AboutAGE COUNCIL 05/15/2012 2010-2012 ACTIONS DOMINIC YAGONG FRED BLAS BRENDA FORD Chairperson and Presiding Officer PETE HOFFMANN K. ANGEL PILAGO DONALD IKEDA DENNIS “FRESH” ONISHI Vice-Chairperson BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 45 Session ORDER OF BUSINESS Hawai‘i County Council 25 Aupuni Street Hilo, Hawai‘i Tuesday, May 15, 2012 9:00 a.m. INVOCATION Kahu Brian Welsh of Haili Church CALL TO ORDER 9:04 A.M. 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-45 May 15, 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 ORDER OF RESOLUTIONS Res. 220-12 (Draft 3): TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR THE FOOD BASKET, INC. Transfers/appropriates out and from Clerk-Council Services Other Current Expenses ($75,000); and credits same to Food Basket, Inc. Authorizes the Council Chair and the County Clerk to transfer funds for the purpose of making a contribution to the Food Basket, Inc. Re: Comm. 549.5 Intr. by: Mr. Onishi Waived: FC Postponed: February 1, 2012 Held Over: February 15, 2012 Postponed: March 9, 2012 FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Hoffmann, Ikeda, Onishi, and Yoshimoto – 4. NOES: Council Members Blas, Ford, Smart, and Chair Yagong – 4. ABSENT: Council Member Pilago – 1. EXCUSED: None. (For informational purposes, Mr. Blas voted “Kānalua”and “no”.) (Note: There is a pending motion by Mr. Onishi and duly seconded by Mr. Yoshimoto, to approve Resolution 220-12, Draft 3.) Page 2 Hawai‘i County Council-45 May 15, 2012 Res. 245-12: ACCEPTS THE GRANT OF EASEMENT FROM AKEBONO TOWN CENTER, LLC FOR STREET LIGHT POLE PURPOSES Akebono Town Center, LLC, is desirous of granting an easement located in Pāhoa Town (TMK: (3)1-5-002:02) to the County of Hawai‘i, who would like to install a street light on utility pole #2 adjacent to Luquin’s Mexican Restaurant to illuminate the raised crosswalk. Re: Comm. 673 Intr. by: Mr. Blas Approve: PWPRC-94 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Res. 246-12: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $2,000 TO THE DEPARTMENT OF PARKS AND RECREATION TO HELP FUND TRAINING OF ITS PERSONNEL TO REPAIR “SOFTURF”, A SAFETY-SURFACE FOR PLAYGROUNDS Donated by the Keaukaha Community Association, the funds will be used to pay for part of the cost to train Parks and Recreation staff to repair “”Softturf,” a safety-surface for playgrounds. Re: Comm. 675 Intr. by: Ms. Ford (B/R) Approve: FC-213 ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Page 3 Hawai‘i County Council-45 May 15, 2012 Res. 251-12: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S), RELATING TO PURCHASE OF COMPUTERS Transfers/appropriates out and from Clerk-Council Services Other Current Expense, Equipment Repair ($20,000); and credits same to Clerk-Council Services Equipment, Computer Equipment. Funds would be used for the Legislative Branch to purchase new computer equipment to replace the outdated and non-working computers. Re: Comm. 707 Intr. by: Ms. Ford Waived: FC AMENDED TO DRAFT 2 AND ADOPTED: AYES: Council Members Blas, Ford, Hoffmann, Smart, and Chair Yagong – 5. NOES: Council Members Ikeda, Onishi, and Yoshimoto – 3. ABSENT: Council Member Pilago – 1. EXCUSED: None. BILLS FOR ORDINANCES (FIRST READING) Bill 227: 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), by adding a new item and renumbered as required: “( ) Desha Avenue, southeast side, from a point one hundred ninety-seven feet northeast of Pua Avenue and extending seventy five feet in the northeasterly direction (fronting Keaukaha Elementary School).” This amendment addresses a request to establish a passenger loading zone along Desha Avenue to service Keaukaha Elementary School. Re: Comm. 667 Intr. by: Mr. Blas (B/R) Approve: PWPRC-93 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Page 4 Hawai‘i County Council-45 May 15, 2012 Bill 228 (Draft 2): 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 FAMILY AGRICULTURAL – 2 ACRES (FA-2a) TO FAMILY AGRICULTURAL – 1 ACRE (FA-1a) AT PONAHAWAI, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-5-040:18 (Applicant: Leslie A. Botelho and Betty Jean Botelho; Area: 2.116 acres) From Mayor William P. Kenoi, dated March 30, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern. 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 TO THE JUNE 6, 2012 COUNCIL MEETING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Page 5 Hawai‘i County Council-45 May 15, 2012 Bill 230: PLANNING DIRECTOR INITIATED: AMENDS THE COUNTY OF HAWAI‘I GENERAL PLAN AS ADOPTED BY ORDINANCE NO. 05-25 AND AMENDED BY ORDINANCE NO. 06-153 BY AMENDING MAP 15 OF THE LAND USE PATTERN ALLOCATION GUIDE (LUPAG) MAP BY CHANGING THE LAND USE DESIGNATION FROM URBAN EXPANSION TO EXTENSIVE AGRICULTURE, LOW DENSITY URBAN, MEDIUM DENSITY URBAN AND FROM LOW DENSITY URBAN TO MEDIUM DENSITY URBAN AND URBAN EXPANSION FOR PĀHOA VILLAGE AND THE IMMEDIATELY SURROUNDING AREAS, PĀHOA, PUNA, ISLAND OF HAWAI‘I From Mayor William P. Kenoi, dated April 11, 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. Initiates an amendment to Map 15 of the LUPAG Map of the County of Hawai‘i General Plan by changing the land use designation for Pāhoa Village and the immediately surrounding areas as follows: A-1. Urban Expansion to Extensive Agriculture along the northeast side of the Kea‘au-Pāhoa Road, Pāhoa Bypass Road, and along the east side of Pāhoa- Kalapana Road; A-2. Urban Expansion to Medium Density Urban in the vicinity of Mālama Market and along Kahakai Boulevard between Pāhoa Village Road and Pāhoa Bypass Road; A-3. Urban Expansion to Low Density Urban along the northwest side of Pāhoa Bypass Road and along the south side of town along Ka‘ohe Homestead Road; A- 4. Low Density Urban to Medium Density Urban along both sides of Pāhoa Village Road from Kahakai Boulevard to Pāhoa Village; and A-5. Low Density Urban to Urban Expansion southwest of Pāhoa Village Road along ‘Apa‘a Street. Re: Comm. 670 Intr. by: Mr. Hoffmann Approve: PC-48 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Page 6 Hawai‘i County Council-45 May 15, 2012 Bill 231: PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4 AND ARTICLE 6, DIVISIONS 4 AND 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NOTIFICATION REQUIREMENTS FOR ZONING AMENDMENT, PROJECT DISTRICT AND AGRICULTURAL PROJECT DISTRICT APPLICATIONS From Mayor William P. Kenoi, dated April 11, 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. Initiates an amendment to Chapter 25 (Zoning Code) relating to notification requirements for zoning amendment, project district and agricultural project district applications. The proposed amendment is a housekeeping matter that seeks to provide consistency among different sections of the Zoning Code. Re: Comm. 671 Intr. by: Mr. Hoffmann Approve: PC-49 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Bill 232 (Draft 2): PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25, ARTICLE 2 AND ARTICLE 4 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR CREMATORIUMS, FUNERAL HOMES, FUNERAL SERVICES, AND MORTUARIES From Mayor William P. Kenoi, dated April 11, 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. Initiates amendments to Chapter 25 (Zoning Code), Articles 2 and 4, relating to crematoriums, funeral homes, funeral services and mortuaries in support of Bill 90, which was recently initiated by the Hawai‘i County Council. The amendments relate to the following: Section 25-2-61(a)(2) and 25-2-61(a)(9) regarding Use Permits, and Section 25-4- 51(a)(8) regarding Required Number of Parking Spaces. Re: Comm. 672.2 Intr. by: Mr. Hoffmann Approve: PC-50 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Page 7 Hawai‘i County Council-45 May 15, 2012 Bill 233: AMENDS CHAPTER 20 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO DISPOSAL OF MATERIAL COLLECTED AT TRANSFER STATIONS Amends Chapter 20 by adding a new article regarding the disposal of materials collected by the County at transfer stations. States that all materials collected at certain County transfer stations shall be transported to either the South Hilo Sanitary Landfill or the Pu‘uanahulu Sanitary Landfill for disposal. Re: Comm. 674 Intr. by: Mr. Yagong Approve: EMC-8 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Bill 234: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Federal Grants - Special Investigative Training ($13,964), and appropriates same to Special Investigative Training. Funds would be used by the Police Department to improve their ability to respond to violent crimes against women through ongoing specialized training for the detectives of the Juvenile Aid Section. Re: Comm. 676 Intr. by: Ms. Ford (B/R) Approve: FC-214 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Page 8 Hawai‘i County Council-45 May 15, 2012 Bill 235: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Federal Grants – Workforce Investment Act (WIA) ($1,521,232) and appropriates to the following: WIA – Administration Planning 2012-13 ($152,121), WIA – Adult Program 2012-13 ($495,316), WIA – Dislocated Worker Program 2012-13 ($405,276), and WIA – Youth Program 2012-13 ($468,519), for a total amount of $1,521,232. Funds would be used by the Office of Housing and Community Development’s WIA Program to assist adults, dislocated workers, and youths by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy, thus improving the quality of the workforce, reducing welfare dependency, and enhancing the productivity and competiveness of the local economy. Re: Comm. 677 Intr. by: Ms. Ford (B/R) Approve: FC-215 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Bill 237: INITIATES AN AMENDMENT TO THE HAWAI‘I COUNTY CHARTER (2010) BY AMENDING ARTICLE X, SECTION 10-3 RELATING TO THE SCOPE OF THE OPERATING BUDGET Requires all new positions be created separately from the budget process to allow for greater transparency and for the opportunity for public discussion on increasing the size of government. Adds the following language in Section 10-3(a): “(2) The operating budget shall not contain any new positions that have not been previously approved by the council by resolution.” Re: Comm. 680 Intr. by: Mr. Yagong Approve: FC-216 ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Onishi, Smart, and Chair Yagong – 6. NOES: Council Members Ikeda and Yoshimoto – 2. ABSENT: Council Member Pilago – 1. EXCUSED: None. (For informational purposes, Mr. Onishi voted “Kānalua” twice.) Page 9 Hawai‘i County Council-45 May 15, 2012 Bill 247: AMENDS ORDINANCE NO. 11-60, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 Adds Parks and Recreation: Maka‘eo Skateboard Park (Phase II – Keiki Skateboard and Stage Area and Phase III – Intermediate Skateboard Area) ($35,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources (Fair Share Funds, District 8) ($35,000). Funds would be used to complete portions of the Maka‘eo Skateboard Park, specifically, the Keiki skateboard and stage sections (Phase II) and a portion of the Intermediate skateboard area (Phase III). Re: Comm. 690 Intr. by: Ms. Ford Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Page 10 Hawai‘i County Council-45 May 15, 2012 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 211(Draft 2): INITIATES AN AMENDMENT TO THE HAWAI‘I COUNTY CHARTER (2010) BY REPEALING ARTICLE VI, CHAPTER 5, AND ADDING A NEW ARTICLE TO PROVIDE THAT THE CORPORATION COUNSEL SHALL BE AN ELECTED OFFICIAL OF THE COUNTY States that the Corporation Counsel shall be an elected official of the County rather than an official appointed by the Mayor and confirmed by the County Council. The Corporation Counsel would continue to serve as the chief legal advisor and legal representative of all County agencies, the Council, and all officers and employees in matters relating to their official powers and duties. This measure includes transitional provisions whereby the first election for the Office of the Corporation Counsel will occur in 2014. Re: Comm. 627.3 Intr. by: Ms. Ford First Reading: May 2, 2012 Public Hearing: May 14, 2012 Note: Second of three required readings, a 2/3 vote of the entire membership is required to pass each reading, pursuant to Section 15-1(a), Hawai‘i County Charter ND PASSED 2 OF THREE REQUIRED READINGS: AYES: Council Members Blas, Ford, Hoffmann, Smart, Yoshimoto, and Chair Yagong – 6. NOES: Council Members Ikeda and Onishi – 2. ABSENT: Council Member Pilago – 1. EXCUSED: None. (For informational purposes, Mr. Blas voted “Kānalua” twice.) Bill 212: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-254 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 20 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-254, Schedule 2 (20 mph limit), subsection (g), by adding a new item and renumbered as required: “( ) Government Beach Road from Papaya Farms Road to its northwestern terminus.” This amendment updates the Hawai‘i County Code to match existing conditions and designates a 20 mph speed limit for a portion of Government Beach Road. Re: Comm. 630 Intr. by: Mr. Blas First Reading: April 17, 2012 Postponed: May 2, 2012 ND AMENDED TO DRAFT 2 AND PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Page 11 Hawai‘i County Council-45 May 15, 2012 (Note: There is a pending motion by Mr. Blas and duly seconded by Ms. Smart, to approve Bill 212.) ; and Comm. 630.1: From Warren. H. W. Lee, dated April 13, 2012, stating that Section 1 of Bill 212 needs to be corrected. (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Ms. Smart, to amend Bill 212 with the contents of Communication 630.1.) Bill 213: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-256 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 30 MILE PER HOUR (MPH) LIMIT Amends Chapter 24, Article 10, Division 1, Section 24-256, Schedule 4 (30 mph limit), subsections (g)(2) and (g)(3), by revising existing items: “(2) Kalapana Government Beach Road, from a point 2.35 miles north of the Kapoho-Kumukahi intersection Pāhoa- Kapoho Road to the Kaimū-Pāhoa-Kapoho intersection Papaya Farms Road.”; and “(3) Kalapana-Kapoho Beach Road, from a point 2.35 miles south of the Kapoho- Kumukahi intersection to the National Park boundary.” These amendments updates the Hawai‘i County Code to match existing conditions and designates a 20 mph speed limit for a portion of Government Beach Road. Re: Comm. 631 Intr. by: Mr. Blas First Reading: April 17, 2012 Postponed: May 2, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. (Note: There is a pending motion by Mr. Blas and duly seconded by Ms. Smart, to approve Bill 213.) ; and Comm. 631.1: From Warren. H. W. Lee, dated April 13, 2012, stating that Section 1 of Bill 213 needs to be corrected. Page 12 Hawai‘i County Council-45 May 15, 2012 Bill 236: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALING ORDINANCE NO. 11-54 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2012 The amendments are contained in Section 2, which changes the punctuation marks from a semi-colon to a period for three of the sentences. No adjustments were made to the salaries. Re: Comm. 678 Intr. by: Ms. Ford (B/R) First Reading: May 2, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Bill 238: AMENDS CHAPTER 24, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Chapter 24, Article, 7, Division 2, Section 24-149 (Maximum speed limit) by adding the language “section 24-149(a)(2),” into Section 24-149(a)(b). Re: Comm. 681 Intr. by: Mr. Hoffmann First Reading: May 2, 2012 ND PASSED 2 AND FINAL READING: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. REPORTS Financial Report: Monthly Budget Status Report for the Month Ended March 31, 2012, from the Department of Finance. ACCEPTED: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi Smart, Yoshimoto, and Chair Yagong – 8. NOES: None. ABSENT: Council Member Pilago – 1. EXCUSED: None. Page 13 Hawai‘i County Council-45 May 15, 2012 REFERRALS FOR EXECUTIVE SESSION Comm. 682: CLAIM AGAINST THE COUNTY OF HAWAI‘I/STATE FARM FOR JARVIS WONG From Deputy Corporation Counsel Kimberly Angay, dated April 17, 2012. CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Smart, and Chair Yagong – 6. NOES: None. ABSENT: Council Members Onishi, Pilago, and Yoshimoto – 3. EXCUSED: None. Comm. 709: CLAIM AGAINST THE COUNTY OF HAWAI‘I/JAVITCH, BLOCK, RATHBONE ET. AL From Deputy Corporation Counsel Kimberly Angay, dated April 19, 2012. CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL: AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Smart, and Chair Yagong – 6. NOES: None. ABSENT: Council Members Onishi, Pilago, and Yoshimoto – 3. EXCUSED: None. The Council anticipates convening an executive meeting regarding the above matters, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council’s attorney on questions and issues pertaining to the Council’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to HRS Section 92-4 and Rules 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 12:30 P.M. 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 May 11, 2012. 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:  Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A  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-45 May 15, 2012 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. Viewing of Meetings on Government Access Television - Channel 52: rdth Wednesdays, May 23 and 30 to follow the viewing of the May 14, 2012 Special Meeting of the Council which thst is scheduled to start at 6 p.m.; Fridays, May 25 and June 1 to follow the viewing of the May 14, 2012 Special thrd Meeting of the Council which is scheduled to start at 12 p.m.; and Sundays, May 27 and June 3 to follow the viewing of the May 14, 2012 Special Meeting of the Council 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/schedule.) UPCOMING MEETINGS WEDNESDAY MAY 16, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street THURSDAY, MAY 31, 2012 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE COUNCIL RE 25 Aupuni Street ND 2 READING OF OP/CIP BUDGETS Page 15