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Home My WebLink AboutAGE COUNCIL 08/15/2012 2010-2012 DOMINIC YAGONG �''`•r ••'•'ham FRED BLAS Chairperson and Presiding Officer ^ b5%v. BRENDA FORD .; �.! ,'/, :.: PETE HOFFMANN K. ANGEL PILAGO • ' "t £ / DONALD IKEDA Vice-Chairperson •+r!- •e"•'�`�. DENNIS"FRESH"ONISHI p T!°i."'� BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 ) 52"d Session ORDER OF BUSINESS C 1.11 - Hawai`i County Council West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai`i Wednesday,August 15, 2012 9:00 a.m. INVOCATION Reverend Tullos Jones of Kona Baptist Church CALL TO ORDER 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-52 August 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. 278-12: AUTHORIZES THE DIRECTOR OF FINANCE TO COMPROMISE REAL PROPERTY TAXES OWED BY THE ARC OF HILO ON A PARCEL IDENTIFIED AS TAX MAP KEY: (3)1-6-146-031 Pursuant to Hawai‘i County Code, Section 19-3(12), authorizes the Finance Director to compromise and refund the sum of $14,678.65, being the amount of taxes paid between August 1, 2009 and November 29, 2011 on the parcel described above, less the minimum tax of $200 that would be due if the exemption were properly filed. The Arc of Hilo, a nonprofit organization serving the greater East Hawai‘i area, was unaware that a required separate tax exemption application had to be filed to qualify for a tax-exempt status. Re: Comm. 784 Intr. by: Mr. Ikeda Approve: FC-242 Res. 287-12: A RESOLUTION TO THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) URGING IT TO INCLUDE AS PART OF ITS 2013 LEGISLATIVE PACKAGE A REQUEST TO REVISE AND CLARIFY AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING, AS PROVIDED IN CHAPTER 486 OF THE HAWAI‘I REVISED STATUTES The Council adopted Resolution No. 158-11 on October 5, 2011, which urged HSAC to include as part of its 2012 Legislative Package, a request to revise and clarify Agricultural Product Branding and Country or Region of Origin labeling as provided in Chapter 486, Hawai‘i Revised Statutes (HRS). Requests HSAC to include in its 2013 Legislative Package, a draft bill to amend Chapter 486, HRS (Exhibit A), and attaches the Justification Sheet for this action (Exhibit B). Re: Comm. 804 Intr. by: Ms. Ford Waived: GRC Page 2 Hawai‘i County Council-52 August 15, 2012 Res. 288-12: REQUESTS THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) TO INCLUDE IN ITS 2013 LEGISLATIVE PACKAGE AN AMENDMENT TO THE HAWAI‘I REVISED STATUTES, SECTION 802-4, BY AMENDING THE DEFINITION OF “INDIGENCY” AND “PARTIAL INDIGENCY” FOR CRIMINAL DEFENDANTS AND ESTABLISHES CRITERIA TO CLEARLY DELINEATE CIRCUMSTANCES IN WHICH COURT-APPOINTED COUNSEL IS NECESSARY The Council adopted Resolution No. 168-11 on October 5, 2011, requesting HSAC to include in its 2012 Legislative Package, an amendment to the Hawai‘i Revised Statutes (HRS), Section 802-4, to amend the definitions of “Indigency” and “Partial Indigency” for criminal defendants, and to establish criteria to delineate circumstances in which court-appointed counsel is necessary. Requests HSAC to include in its 2013 Legislative Package, a draft bill to amend Section 802-4, HRS (Exhibit A) and attaches the Justification Sheet for this action (Exhibit B). Re: Comm. 805 Intr. by: Ms. Ford Waived: GRC Res. 289-12: REQUESTS THAT THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) SUBMIT WITH ITS 2013 LEGISLATIVE PACKAGE TO THE STATE LEGISLATURE AN AMENDMENT TO CHAPTER 244D, SECTION 244D-4, HAWAI‘I REVISED STATUTES, RELATING TO INCREASING THE GALLONAGE TAX ON LIQUOR The Council adopted Resolution No. 157-11 on October 5, 2011, requesting HSAC to submit with its 2012 Legislative Package, an amendment to Chapter 244D, Section 244D-4, Hawai‘i Revised Statutes (HRS), relating to increasing the Gallonage Tax on Liquor. Requests HSAC to include in its 2013 Legislative Package a draft bill to amend Chapter 244D, Section 244D-4, HRS (Exhibit A), and attaches the Justification Sheet for this action (Exhibit B). Includes language relating to revenues received from this tax increase and that it be placed into a special fund.) Re: Comm. 806 Intr. by: Ms. Ford Waived: GRC Res. 290-12: APPOINTS A NEW HAWAI‘I COUNTY COUNCIL ALTERNATE REPRESENTATIVE TO SERVE ON THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE Appoints Council Member Dennis “Fresh” Onishi as an alternate representative to serve on the HSAC Executive Committee replacing Council Member Smart whose term expires on December 3, 2012. Re: Comm. 807 Intr. by: Mr. Pilago Waived: GRC Page 3 Hawai‘i County Council-52 August 15, 2012 Res. 291-12: REQUESTS THAT THE PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION COMMISSION IDENTIFY THE COASTAL LANDS OF ‘O‘OMA II, IN THE DISTRICT OF NORTH KONA, COUNTY OF HAWAI‘I, AS NUMBER ONE ON THE PRIORITIZED LIST OF QUALIFYING LANDS WORTHY OF PRESERVATION The Council unanimously adopted Resolution No. 276-12 on August 1, 2012, which requested the Mayor to authorize the director of finance to enter into negotiations for the acquisition of Tax Map Key Numbers (3)7-3-009:004 and (3)7-3-009:22, known as the coastal lands of ‘O‘oma II. Prioritizing the property as number one will not interfere with the purchase of properties that are currently in negotiations for purchase by the Public Access, Open Space and Natural Resources Preservation Commission, and the Mayor has indicated to the community that he would immediately open negotiations with the owner, if it is designated number one on the island-wide prioritized list of qualifying lands worthy of preservation. Re: Comm. 808 Intr. by: Mr. Pilago Waived: FC Res. 292-12: DIRECTS THE CLERK OF THE COUNTY OF HAWAI‘I TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 12-110 ON THE 2012 GENERAL ELECTION BALLOT Ordinance No. 12-110 proposes an amendment to the Hawai‘i County Charter to create a Game Management Advisory Commission. Directs the Clerk to take all necessary steps provided for in all applicable provisions of the Hawai‘i County Charter and the Hawai‘i Revised Statutes, within the prescribed time limits, for placing the Charter amendment proposed by Ordinance No. 12-110 on the 2012 General Election ballot for approval by the voters of the County. Re: Comm. 809 Intr. by: Mr. Yagong Waived: HSSPSC Page 4 Hawai‘i County Council-52 August 15, 2012 BILLS FOR ORDINANCES (FIRST READING) Bill 156: 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 AGRICULTURAL – THREE ACRES (A-3a) TO FAMILY AGRICULTURAL – ONE ACRE (FA-1a) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-048:010, 120, 121, 122, 123 (Applicant: Sonomura Rentals; Area: 14.729 acres) From Mayor William P. Kenoi, dated November 23, 2011, transmitting the above bill and enclosures with an unfavorable recommendation from Windward Planning Commission Chair Zendo Kern. The applicant requests a Change of Zone from Agricultural 3-acres (A-3a) to Family Agricultural 1-acre (FA-1a) to consolidate the six properties to resubdivide into 12 family agricultural lots. Re: Comm. 492 Intr. by: Mr. Hoffmann Negative: PC-62 (due to a vote of 2-ayes and 7-noes) Bill 168: AMENDS SECTION 25-8-23 (MOUNTAIN VIEW 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 VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV-20) AT ‘ŌLA‘A, PUNA, HAWAI‘I, COVERED BY TAX MAP KEY: 1-8-002:064 (Applicant: Donny Souza and Melissa Mulliken; Area: 13,785 square feet) From Mayor William P. Kenoi, dated December 21, 2011, 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 Single-Family Residential – 10,000 square feet (RS-10) to Village Commercial – 10,000 square feet (CV-10) to establish an approximately 1,800-square foot automobile repair shop with on- site parking. Re: Comm. 526 Intr. by: Mr. Hoffmann Approve: PC-63 Page 5 Hawai‘i County Council-52 August 15, 2012 Bill 280: AMENDS ORDINANCE NO. 11-81, WHICH AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS AND AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I Amends Ordinance No. 11-81 to solely reflect the change in the monetary amount of $9,200,000 to $9,822,000 indicated in the ordinance title and Section 1, and in Exhibit A which has been replaced with a new exhibit labeled as Exhibit A, Draft 2 (Kalaniana‘ole Interceptor Sewer Rehabilitation Phase II [$8,000,000] ($8,622,000), and Kula‘imano and Pāpa‘ikou Dewatering ($1,200,000), for a total of $9,822,000). Re: Comm. 780 Intr. by: Ms. Ford (B/R) Approve: FC-240 Bill 282: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Environmental Management: Kalaniana‘ole Interceptor Sewer Rehabilitation Phase II – State Revolving Funds (SRF) ($622,000); funds shall be provided from SRF ($622,000). The Kalaniana‘ole Interceptor Sewer Rehabilitation Phase II project involves the rehabilitation of the existing Kalaniana‘ole Avenue Interceptor from Kea‘a Street to Baker Avenue due to severe deterioration from sewer gases. A construction contract has been awarded for this project with a Notice to Proceed date of June 25, 2012. Re: Comm. 782 Intr. by: Ms. Ford (B/R) Approve: FC-241 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ORDER OF THE DAY (SECOND OR FINAL READING) Bill 265: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-260 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Chapter 24, Article 10, Division 1, Section 24-260, Schedule 8 (45 mile per hour limit), subsection (g), Puna, by deleting item 3: “[(3) Route 132, from the Pohoiki Road Junction to Route 137.]” The amendment removes an inapplicable item from the Hawai‘i County Code. This specific section of Route 132 (Pāhoa-Kapoho Road) is currently signed as a 55 mph speed limit road. Re: Comm. 744 Intr. by: Mr. Blas First Reading: August 1, 2012 Page 6 Hawai‘i County Council-52 August 15, 2012 Bill 266 (Draft 3): PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO AGRICULTURAL TOURISM From Mayor William P. Kenoi, dated May 25, 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. The amendments specifically relate to agricultural tourism: Amends article 1, subsection 25-1-5(b) by amending the definition of “Agricultural tourism” and adds new definitions; amends article 2, division 7, section 25-2-71 relating to Applicability, plan approval required; amends article 2, division 7, section 25-2-75 relating to Plan approval application requirements for major agricultural tourism; amends article 2, division 7, section 25-2-76 relating to Action on plan approval application; and amends article 4, division 1, section 25-4-15 relating to Agricultural tourism. Re: Comm. 745.8 Intr. by: Mr. Hoffmann First Reading: August 1, 2012 Bill 268: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2, SECTION 24-264 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Chapter 24, Article 10, Division 2, Section 24-264, Schedule 12 (Stop intersections), subsection (c), by adding a new item and renumbered as required: “( ) East Puainako Street/Ohuohu Street intersection, all approaches.” The amendment, based on the East Maka‘ala Mixed Use Development Traffic Impact Analysis Report, recommended that the subject intersection be converted to an all-way stop when the traffic volumes warrant it. Re: Comm. 755 Intr. by: Mr. Blas First Reading: August 1, 2012 Bill 269: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Chapter 24, Article 10, Division 1, Section 24-255, Schedule 3 (25 mile per hour limit), subsection (g)(29), Puna, by revising an existing item 29 and adds a new item and renumbered as required: “(29) South Kūlani Road, from Volcano Road to the property line between parcels 1-8-086:026 and 1-8-086:027.”; and “( ) South Kūlani Road, from a point three hundred feet northwest of bridge 18-1 to its southeastern terminus.” These amendments revise the speed limits along South Kūlani Road. Re: Comm. 756 Intr. by: Mr. Blas First Reading: August 1, 2012 Page 7 Hawai‘i County Council-52 August 15, 2012 Bill 270: 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), Puna, by adding a new item and renumbered as required: “( ) South Kūlani Road, from the property line between parcels 1-8-086:026 and 1-8-086:027 and extending three hundred feet northwest of bridge 18-1.” The amendment revises the speed limits along South Kūlani Road. Re: Comm. 757 Intr. by: Mr. Blas First Reading: August 1, 2012 Bill 271: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-281 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-281, Schedule 29 (Parking prohibited during certain hours on certain streets), subsection (c), South Hilo, by deleting item 18 and renumbered as required: “[(18) Mohouli Street, on the Puna side, those three metered stalls mauka of Kīlauea Avenue between 7:00 a.m. and 8:00 a.m. on school days.]” The amendment improves the flow of traffic through the Mohouli Street/Kīlauea Avenue intersection. Re: Comm. 758 Intr. by: Mr. Blas First Reading: August 1, 2012 Bill 272: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-284 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-284, Schedule 32 (Two hour parking areas), subsection (c), South Hilo, by deleting item 22 and renumbered as required: “[(22) Mohouli Street, Puna side, the last three parking stalls approaching Kīlauea Avenue.]” The amendment improves the flow of traffic through the Mohouli Street/Kīlauea Avenue intersection. Re: Comm. 759 Intr. by: Mr. Blas First Reading: August 1, 2012 Page 8 Hawai‘i County Council-52 August 15, 2012 Bill 273: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FREIGHT LOADING ZONES Amends Chapter 24, Article 10, Division 5, Section 24-280, Schedule 28 (No parking at anytime), subsection (c), South Hilo, by deleting items 6 and 8 and renumbered as required and revises existing items 5, 10, and 11: “[(6) Aupuni Street, northeast side, from a point one thousand one hundred twenty feet northwest of Kīlauea Avenue and extending two hundred sixty-seven feet in the northwesterly direction.]”; “[(8) Aupuni Street, southeast side, from a point six hundred sixty-two feet northeast of Kīlauea Avenue and extending two hundred forty-five feet in the northwesterly direction.]”; “(5) Aupuni Street, northwest side, from a point one thousand one hundred [seventy- eight]sixty-three feet southeast of Pauahi Street to Kīlauea Avenue.”; “[(10)](8) Aupuni Street, southwest side, from a point three hundred [one]forty-one feet southeast of Pauahi Street and extending two hundred [eighty-two]eighteen feet in the southeasterly direction.”; and “[(11)](9) Aupuni Street, southwest side, from a point seven hundred [seven]fifty-one feet southeast of Pauahi Street and extending [four hundred thirty- five]three hundred seventy-six feet in the southeasterly direction.” These amendments address the adjustments to the no parking at any time zones that were made in an effort to increase parking along Aupuni Street. Re: Comm. 760 Intr. by: Mr. Blas First Reading: August 1, 2012 Bill 274: 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 stop locations), subsection (c), by adding a new item and renumbered as required: “( ) Aupuni Street, southwest side, from a point seven hundred seven feet southeast of Pauahi Street and extending forty four feet in the southeasterly direction.” The amendment updates the Hawai‘i County Code to match existing conditions. Re: Comm. 761 Intr. by: Mr. Blas First Reading: August 1, 2012 Page 9 Hawai‘i County Council-52 August 15, 2012 Bill 275: 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 GENERAL COMMERCIAL – 20,000 SQUARE FEET (CG-20) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-024:005 (Applicant: Hawai‘i Island Board of Realtors; Area: 20,160 square feet) From Mayor William P. Kenoi, dated June 20, 2012, transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern. The applicant requests a Change of Zone from Single-Family Residential - 10,000 square feet (RS-10) to General Commercial – 20,000 square feet (CG-20) in order to use the existing dwelling as an office for ongoing operations of the Hawai‘i Board of Realtors. Re: Comm. 768 Intr. by: Mr. Hoffmann First Reading: August 1, 2012 Bill 276: PLANNING DIRECTOR INITIATED: AMENDS CHAPTER 25, ARTICLE 2, ARTICLE 4 AND ARTICLE 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BED AND BREAKFAST ESTABLISHMENTS From Mayor William P. Kenoi, dated June 22, 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. The amendments specifically relate to bed and breakfast establishments: Amends article 2, division 6, section 25-2-61(a) by adding zoning districts; amends article 2, division 7, section 25-2-71(c) by deleting “(1)” and renumbers the remaining items; amends article 2, division 7, section 25-2-76 relating to Action on plan approval applications, by deleting “(b)” and renumbers the remaining items; amends article 4, division 1, section 25-4-7(a) by adding CDH district; amends article 5, division 5, section 25-2-52(d) and article 5, division 6, section 25-5-62(d) and article 5, division 7, section 25-5-72(d) by adding a new “(1) Bed and breakfast establishments, as permitted under section 25-4-7” and renumbers the remaining items. Re: Comm. 769 Intr. by: Mr. Hoffmann First Reading: August 1, 2012 Page 10 Hawai‘i County Council-52 August 15, 2012 Bill 277: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in Federal Grants – Spine Boards (12,802.74); and appropriates same to Fire Grants – Spine Boards – Federal. Re: Comm. 771 Intr. by: Ms. Ford First Reading: August 1, 2012 Bill 278: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FORE THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in State Grants – Department of Health – Tobacco Sting ($8,000); and appropriates same to Department of Health – Tobacco Sting. Re: Comm. 772 Intr. by: Ms. Ford First Reading: August 1, 2012 Bill 279 (Draft 2): AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Establishes the following program appropriations: Roadway Projects (Engineering) ($1,650,000); Bridge Inspection, Repair, and Replacement Program (Engineering) ($1,500,000); Americans with Disabilities Act Curb Cut and Accessible Route Program (Engineering) ($200,000); and Local Road Improvements (Highways) ($3,350,000), for a total amount of $6,700,000; funds shall be provided from that portion of the Highway Fund which is designated as the Fuel Tax Increase Account No. 3104.06, and which consists of the increase fuel tax revenues created pursuant to Resolution No. 504-08. Allotments from these program appropriations shall be made to be specific projects listed on “Exhibit A” which is attached to this resolution. Re: Comm. 774.2 Intr. by: Ms. Ford (B/R) First Reading: August 1, 2012 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter REPORTS FC-243 (Comm. 779): Donated by Mr. Diego M. Tebaldi of Global Government Regulatory Affairs, recommends the acceptance of one ASUS 27” LCD monitor (valued at $280), which will be utilized by the Office of the Prosecuting Attorney in a conference room. PC-61 (Comm. 777): Recommends the confirmation of Mr. Adam Broderson (Council District 8) to the Kailua Village Design Commission. Page 11 Hawai‘i County Council-52 August 15, 2012 REFERRALS FOR EXECUTIVE SESSION Comm. 803: DOI V. AOKI, ET. AL. CIVIL NO. 10-00639 LEK/RLP From Deputy Corporation Counsel Laureen L. Martin, dated July 24, 2012. 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 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 August 13, 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 Public Attendance via Videoconference is available at the locations above; and at the Waimea Council Office (Holomua Center, 64-1067 Māmalahoa Highway, Suite 5) and at the Pāhoa Council Office (Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 304), until 4:30 p.m., or later in the event public witness testimony has not been completed. If audio stream between Kona and Hilo 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. Page 12 Hawai‘i County Council-52 August 15, 2012 Viewing of Meetings on Government Access Television - Channel 52: nd ththstth Wednesdays, August 22and 29 at 6 p.m.; Fridays, August 24 and 31 at 12 p.m.; and Sundays, August 26 nd and September 2 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, SEPTEMBER 5, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street THURSDAY, SEPTEMBER 6, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, SEPTEMBER 18, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, SEPTEMBER 19, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 13