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Home My WebLink AboutAGE COUNCIL 06/19/2012 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Vice - Chairperson 48th Session INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE COUNTY COUNCIL County of Hawaii Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS West Hawai`i Civic Center 74 -5044 Ane Keohokalole Highway, Building A Kailua -Kona, Hawai` i Tuesday, June 19, 2012 9:00 a.m. Pastor Keith Elliott of Kona Church of God FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO (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-48 June 19, 2012 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES COMMUNICATIONS Comm. 742: HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) PROPOSED SLATE OF OFFICERS FOR FISCAL YEAR 2012-2013 From HSAC President Mel Rapozo, dated May 29, 2012, stating that the HSAC Executive Committee approved the following slate of officers for Fiscal Year 2012-2013, and requests the Council’s approval: Mel Rapozo, President, and Jay Furfaro, Alternate; K. Angel Pilago, Vice-President, and Brittany Smart, Alternate; Joseph Pontanilla, Treasurer, and G. Riki Hokama, Alternate; and Stanley Chang, Secretary, and Ikaika Anderson, Alternate. Waived: GRC ORDER OF RESOLUTIONS Res. 254-12: ENCOURAGES THE DEPARTMENT OF PARKS AND RECREATION TO INCREASE THE HOURS IN COUNTY PARK FACILITIES Requests the Mayor and the Director of the Department of Parks and Recreation to take necessary steps to increase the hours at parks and recreational facilities island-wide to 10 p.m. in the evening. Currently, most park facilities close at approximately 7 p.m. A resolution of the same content (reference Resolution No. 5, which is attached to Communication 717) was approved by the 2012 Hawai‘i High School County Council on May 10, 2012. Re: Comm. 717 Intr. by: Mr. Yagong Waived: PWPRC Postponed: June 6, 2012 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Smart, to approve Resolution 254-12.) Page 2 Hawai‘i County Council-48 June 19, 2012 Res. 258-12: URGES THE STATE LEGISLATURE TO ENACT LEGISLATION DIRECTING THE DEPARTMENT OF EDUCATION TO INCREASE PROGRAMS IN SEX EDUCATION Urges the State Legislature to enact legislation directing the Department of Education to increase sex education programs in all State of Hawai‘i High Schools, to encourage open and natural discussion on topics of sex and procreation. A resolution of the same content (reference Resolution No. 4, which is attached to Communication 721) was approved by the 2012 Hawai‘i High School County Council on May 10, 2012. Re: Comm. 721 Intr. by: Mr. Yagong Waived: GRC Postponed: June 6, 2012 (Note: There is a pending motion by Mr. Pilago and duly seconded by Ms. Smart, to approve Resolution 258-12.) Res. 268-12: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF TWENTY FOUR RESCUE TUBES BY THE ROTARY CLUB OF SOUTH HILO TO THE DEPARTMENT OF PARKS AND RECREATION Accepts the donation of 24 rescue tubes by the Rotary Club of South Hilo (total estimated value of $2,400) to the Department of Parks and Recreation. Re: Comm. 748 Intr. by: Mr. Onishi Waived: FC BILLS FOR ORDINANCES (FIRST READING) 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: May 15 and June 6, 2012 (Note: There is a pending motion by Mr. Ikeda and duly seconded by Mr. Yoshimoto, to approve Bill 228, Draft 2.) Page 3 Hawai‘i County Council-48 June 19, 2012 Bill 267: AMENDS CHAPTER 2, ARTICLE 35 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE GEOTHERMAL ASSET FUND Amends Chapter 2, article 35, relating to the Geothermal Asset Fund. Substantive amendments are contained throughout this measure and relate to the following: Amends Section 2-176, Creation of fund; adds Section 2-176.1, Compensation for persons impacted by geothermal energy development activities; adds Section 2-176.2, Geothermal community benefits program; and adds Section 2-176.3, Geothermal asset fund community benefits advisory commission. Re: Comm. 747 Intr. by: Mr. Yagong Waived: FC 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 Second Rdg.: May 15, 2012 Postponed: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Note: Third 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 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Hoffmann, to approve Bill 211, Draft 2.) Page 4 Hawai‘i County Council-48 June 19, 2012 Bill 239: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-287 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PASSENGER LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-287, Schedule 35 (Passenger loading zones), subsection (f)(1), by revising an existing item: “(1 ) Ali‘i [d]Drive, [east]north (mauka) side, [beginning]from a point [two-hundred twenty nine]two hundred thirty-two feet [north]west of Likana Lane and extending [forty-seven]forty-six feet in the [northerly]westerly direction, [24 hours daily]7:00 a.m. to 3:00 p.m. each day.” This amendment opens up more parking along Ali‘i Drive. Parking in loading zones is allowed when the loading zones are not in effect. Re: Comm. 685 Intr. by: Mr. Blas First Reading: June 6, 2012 Bill 240: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-288, Schedule 36 (Freight loading zones), subsection (f) Kona, by revising existing items and renumbered as required: “(1) Ali‘i Drive, [east]north (mauka) side, [beginning] from a point two- hundred [seventy six]seventy-eight feet [north]west of Likana Lane and extending sixty feet in the [northerly]westerly direction, [24 hours daily]7:00 a.m. to 3:00 p.m. each day.” ; “(2) Ali‘i Drive, [east]north (mauka) side, [beginning]from a point five-hundred thirty-three feet [north]west of Likana Lane and extending [forty-six]forty-five feet in the [northerly]westerly direction, [24 hours daily]7:00 a.m. to 3:00 p.m. each day.” ; “(3) Ali‘i Drive, [in Kailua-Kona,]southwest (makai) side, [on]from a point four hundred sixty-one feet southeast of Likana Lane and extending ninety-nine feet in the southeasterly direction, in the curb cut-out [in front of the Kona Inn Shopping Center, south of Hulihe‘e Palace], 7:00 a.m. to 3:00 p.m. each day.” ; “[(4) Ali‘i Drive, in Kailua-Kona, mauka side, in the vicinity of the Kona Galley.]” ; “[(5)](4) Ali‘i Drive, [in Kailua-Kona,]east (mauka) side, [in the marked zone fronting the Moku‘aikaua Church and the Kim Chong Building]from a point three hundred fifty-eight feet north of Sarona Road and extending thirty-four feet in the northerly direction, 7:00 a.m. to 3:00 p.m. each day.” ; “[(6)](5) Ali‘i Drive, [west]southwest (makai) side, beginning from a point [one- hundred fifty-four] one hundred fifty-five feet [south]southeast of Kakina Lane, and extending seventy-seven feet in the [southerly]southeasterly direction, 7:00 a.m. to 3:00 p.m. each day.” These amendments opens up more parking along Ali‘i Drive. Parking in loading zones is allowed when the loading zones are not in effect. Re: Comm. 686 Intr. by: Mr. Blas First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Page 5 Hawai‘i County Council-48 June 19, 2012 Bill 241: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-288, Schedule 36 (Freight loading zones), subsection (f), by adding a new item: “( ) Palani Road, northeast (mauka) side, from a point forty feet northwest of Ka‘ahumanu Place and extending forty-one feet in the northwesterly direction, 7:00 a.m. to 3:00 p.m. each day.” This amendment correctly identifies the location of an existing freight loading zone as being on Palani Road. Re: Comm. 687 Intr. by: Mr. Blas First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Bill 242: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-263 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Chapter 24, Article 10, Division 1, Section 24-263, Schedule 11 (55 mile per hour limit), subsection (g), by adding a new item: “( ) Pāhoa-Kapoho Road, westbound lane, from Kalapana-Kapoho Beach Road to Pohoiki Road and eastbound lane, from Pohoiki Road and extending seven hundred fifty feet west of Kalapana-Kapoho Beach Road.” This amendment creates a new 55 mph item for Pāhoa-Kapoho Road and addresses a safety concern at the eastern terminus of Pāhoa-Kapoho Road. A new 35 mph item is being proposed for the last 750 feet adjacent to the eastern terminus of Pāhoa-Kapoho Road. Re: Comm. 688 Intr. by: Mr. Blas First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Bill 243: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-257 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Chapter 24, Article 10, Division 1, Section 24-257, Schedule 5 (35 mile per hour limit), subsection (g), by adding a new item: “( ) Pāhoa-Kapoho Road, from a point seven hundred fifty feet west of Kalapana-Kapoho Beach Road to its eastern terminus.” This amendment addresses a safety concern at the eastern terminus of Pāhoa-Kapoho Road. Re: Comm. 689 Intr. by: Mr. Blas First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Page 6 Hawai‘i County Council-48 June 19, 2012 Bill 244: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Amends Chapter 24, Article 10, Division 6, Section 24-288, Schedule 36 (Freight loading zones), subsection (c), South Hilo, by deleting item 11 and renumbered as required: “[(11) Kīlauea Avenue, mauka side, beginning at Hoku Street and extending forty-four feet in the Puna direction.]” This amendment removes the freight loading zone installed fronting a business no longer in existence thus allowing the Department of Public Works to add an ADA stall. Re: Comm. 690 Intr. by: Mr. Blas First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Bill 245: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 3, SECTION 24-275 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BUS STOPS AND PUBLIC ROAD TAXI STANDS Amends Chapter 24, Article 10, Division 3, Section 24-275, Schedule 23 (Bus Stops and Public Road Taxi Stands), subsection (a), by adding a new item: “( ) Pakalana Street, west side, from a point ninety five feet north of Kukui Street to Kukui Street, between the hours of 12:00 p.m. and 3:00 p.m. on school days only.” This amendment updates the Hawai‘i County Code to match existing conditions. This bus stop services the Honoka‘a Elementary School, and the Honoka‘a Intermediate and High School. Re: Comm. 691 Intr. by: Mr. Blas First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Bill 246: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Chapter 24, Article 10, Division 2, Section 24-267, Schedule 15 (One way streets), subsection (a)(3), Hāmākua, by revising existing item: “(3) Pakalana Street in Honoka‘a. All vehicular traffic shall move only in the Southerly (mauka) direction from Māmane Street to Kamani Street between the hours of 7:00 a.m. and 2:30 3:00 p.m. on school days only.” This amendment revises the end time of the temporary one way traffic pattern on Pakalana Street to match the Honoka‘a Elementary School, Honoka‘a Intermediate School, and Honoka‘a High School end time. Re: Comm. 692 Intr. by: Mr. Blas First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Page 7 Hawai‘i County Council-48 June 19, 2012 Bill 248: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-280, Schedule 28 (No parking at anytime), subsection (c), South Hilo, by adding a new item: “( ) East Puainako Street, south side, from Pilipaa Street to Ohuohu Street.” This amendment fulfills a request to enhance vehicular and pedestrian safety in the area. Re: Comm. 695 Intr. by: Mr. Blas First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Bill 251: AMENDS CHAPTER 24, ARTICLE 11, DIVISION 2, SECTION 24-310 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO TRUCK ROUTES ON PRIVATE STREETS Amends Chapter 24, Article 11, Division 2, Section 24-310, Schedule 14 (Reserved) by creating truck routes for certain roads within the Hawaiian Ocean View Estates subdivision. Re: Comm. 700 Intr. by: Ms. Smart First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Bill 252: 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 – Hawai‘i County Police Department (HCPD) Data Grant ($24,615.34); and appropriates same to HCPD Data Grant. Funds would be used by the Police Department for an export function to the department’s existing electronic Motor Vehicle Accident Report (MVAR) system, and to purchase 190 global positioning system (GPS) units. Re: Comm. 702 Intr. by: Ms. Ford (B/R) First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Page 8 Hawai‘i County Council-48 June 19, 2012 Bill 253: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 RELATING TO THE TRANSFER OF FUNDS TO THE PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION FUND Increases revenues in Real Property Taxes Interest ($100,000); and appropriates same to Transfer to Public Access/Open Space Preservation Fund. The real property tax interest revenues are expected to exceed the amount budgeted in the Real Property Tax Interest account for FY 2011-2012. Two percent of these additional revenues will be transferred to the Public Access, Open Space and Natural Resources Preservation Fund as the current appropriation for the transfer account is insufficient. Re: Comm. 703 Intr. by: Ms. Ford (B/R) First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Bill 254: 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 – Section 5309 Capital Grant 05-06 ($1,782,213); and appropriates same to Section 5309 Capital Grant 05-06. Funds would be used by the Mass Transit Agency for transit capital expenditures in Hawai‘i County. Re: Comm. 704 Intr. by: Ms. Ford (B/R) First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) Bill 256 (Draft 2): AMENDS CHAPTER 2, ARTICLE 36, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY RENAMING AND REDEFINING THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM TO THE GEOTHERMAL RELOCATION AND PUBLIC SAFETY PROGRAM Renames the Geothermal Relocation and Community Benefits Program to the Geothermal Relocation and Public Safety Program, and proposes substantial revisions throughout this measure including the establishment, purchase of properties, creation of geothermal relocation and community benefits fund, public safety funding, expenditures from fund, and relocation expenditures. Re: Comm. 710.31 Intr. by: Mr. Yagong First Reading: June 6, 2012 Page 9 Hawai‘i County Council-48 June 19, 2012 Bill 257: AMENDS CHAPTER 7, SECTION 7-3, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO EMERGENCY RESPONSE AND EVACUATION PLANS FOR GEOTHERMAL FACILITIES States that the Civil Defense Agency’s Deputy Director shall prepare an emergency response and evacuation plan for each geothermal power production facility operating in the County, and sets forth criteria. The plan for any existing geothermal power production facility shall be submitted to the Council for approval by August 1, 2012, and at the request of the Deputy Director, the Council may approve an extension of an additional 90 days for the submission of an emergency response and evacuation plan. Re: Comm. 725 Intr. by: Mr. Yagong First Reading: June 6, 2012 ; and Comm. 725.1: From Chairperson Dominic Yagong, dated June 7, 2012, transmitting proposed amendments to Bill 257, which relate to Section 7-3, Deputy director; duties, subsections (a) and (b). Bill 260: INITIATES AN AMENDMENT TO THE HAWAI‘I COUNTY CHARTER (2010) BY AMENDING ARTICLE VI, CHAPTER 9, BY CREATING A NEW SECTION RELATING TO A GAME MANAGEMENT ADVISORY COMMISSION Creates a Game Management Advisory Commission consisting of nine members who shall be appointed by the Mayor and confirmed by the Council. This Commission shall advise County, State, and Federal agencies on matters relating to the preservation of subsistence hunting and fishing, as well as protecting traditional and cultural gathering rights, and also sets forth other criteria. Re: Comm. 730 Intr. by: Mr. Yagong First Reading: June 6, 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 Bill 261: AMENDS CHAPTER 14, GENERAL WELFARE, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ANIMAL ERADICATION The purpose of this measure makes clear that the County of Hawai‘i, as a body corporate, with the ability and responsibility to maintain the public health, safety, and welfare of its people, declares that the acts of eradication by aerial shooting on this island shall no longer be practiced, and ensures that other methods of animal population control are utilized which takes into full account the will of the people regarding these methods. States that it is a violation of this article for any person to engage in the eradication of any animal for any reason while being transported by helicopter, airplane, or any other similar means. Re: Comm. 731 Intr. by: Mr. Yagong First Reading: June 6, 2012 Page 10 Hawai‘i County Council-48 June 19, 2012 Bill 262: AMENDS CHAPTER 2, ARTICLE 4, SECTION 2-12.4, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FUND BALANCE Amends Chapter 2, Article 4, Section 2-12.4 by adding the following language: “(f) At the end of each fiscal year, any fund balance in excess of $5,000,000 shall be applied to the post employment benefits account (GASB-45). This subsection shall not apply in any fiscal year where a payment of at least fifty percent of the actuary’s recommended GASB-45 payment has been appropriated in the County’s operating budget.” Re: Comm. 734 Intr. by: Mr. Yagong First Reading: June 8, 2012 (June 6, 2012 Council meeting recessed to June 8, 2012) REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 714: HIRING OF SPECIAL COUNSEL FOR WORKERS COMPENSATION DIVISION From Corporation Counsel Lincoln S. T. Ashida, dated May 14, 2012. Anticipates discussion on pricing information protected from present disclosure pursuant to Chapter 103D, Hawai‘i Revised Statutes, as amended. Postponed: June 8, 2012 (June 6, Council meeting recessed to June 8, 2012) Comm. 751: HIRING OF SPECIAL COUNSEL AND/OR AMENDMENT OF CURRENT SPECIAL COUNSEL CONTRACT FOR WORKER’S COMPENSATION DIVISION From Corporation Counsel Lincoln S. T. Ashida, dated June 12, 2012, stating that the above request is made pursuant to Section 92-5(a)(4) and (8), Hawai‘i Revised Statues, as amended (hereinafter “HRS”), and is made for the reason that they anticipate discussion on questions and issues pertaining to the Council’s powers, duties, privileges, immunities and liabilities in the hiring of special counsel. Further states that they anticipate discussion on pricing information protected from present disclosure pursuant to HRS Sections 103D-304(f) and 103D-105. The Council anticipates convening an executive meeting regarding the above matters, pursuant to Section 92-5(a)(4) and Section 92-5(a)(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 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. Page 11 Hawai‘i County Council-48 June 19, 2012 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 June 15, 2012. 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. Council Members will be present at the following locations:  County Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401  Kona Council Room, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A  Pāhoa Council Office (Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 304) Public Attendance via Videoconference is available at the locations above and at the Waimea Council Office (Holomua Center, 64-1067 Māmalahoa Highway, Suite 5), until 4:30 p.m. or later in the event public witness testimony has not been completed. If audio stream between Hilo, Kona, and Pāhoa is lost for more than a short period of time, the meeting will be terminated. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at http://www.hawaiicounty.gov/lb-council-meeting. For further information, please call 961-8255. fourteen (14) Submitting Testimony: Those submitting written testimony at the meeting should bring copies for before 12:00 noon on the business day prior to the distribution. Public testimony may also be submitted meeting :(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by Please submit separate facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@co.hawaii.hi.us. testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: ththththst Wednesdays, June 27 and July 4 at 6 p.m.; Fridays, June 29 and July 6 at 12 p.m.; and Sundays, July 1 th and 8at 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.) Page 12 Hawai‘i County Council-48 June 19, 2012 UPCOMING MEETINGS MONDAY, JULY 2, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, JULY 3, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, JULY 18, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A THURSDAY, JULY 19, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 13