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HomeMy WebLinkAboutAGE COUNCIL 2013/02/20 2012-2014 J YOSHIMOTO BRENDA FORD GREGGOR ILAGAN Chairperson and Presiding Officer DRU MAMO KANUHA KAREN EOFF ZENDO KERN DENNIS “FRESH” ONISHI Vice-Chairperson VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 6 Session ORDER OF BUSINESS West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i Wednesday, February 20, 2013 9:00 a.m. INVOCATION Reverend Tullos Jones of Kona Baptist Church CALL TO ORDER ROLL CALL 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-6 February 20, 2013 PETITIONS, 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: January 9, 2013 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 31-13: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF A MULTI-FISCAL YEAR AGREEMENT FOR FURNISHING AND IMPLEMENTING ORGANIC WASTE DIVERSION SITES AND COMPOST OPERATIONS IN WEST HAWAI‘I AND EAST HAWAI‘I FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a multi-year contract for ten years with the ability to negotiate for two option periods of up to five years each to extend the contracted services, subject to review by the County Council, for services of furnishing and implementing organic waste diversion sites and compost operations in West Hawai‘i and East Hawai‘i for the Department of Environmental Management. This Resolution will supersede and replace Resolution No. 34-11, Draft 2, revoking the per-ton price limitation. Reference: Comm. 53 Intr. by: Ms. Poindexter Approve: FC-16 Postponed: January 23, 2013 (Note: There is a pending motion by Mr. Yoshimoto and duly seconded by Mr. Onishi to approve Resolution 31-13.) Res. 44-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $250 TO THE DEPARTMENT OF PARKS AND RECREATION TO ASSIST WITH PARKS MAINTENANCE OPERATIONS Donated by W. H. Shipman, the funds will be used to help fund the Parks and Recreation Department’s Vulcan Baseball Clinic to be held on January 31, 2013 at the Kea‘au Shipman Park. Reference: Comm. 95 Intr. by: Ms. Poindexter Approve: FC-32 Page 2 Hawai‘i County Council-6 February 20, 2013 Res. 49-13: URGES THE GOVERNOR, THE HAWAI‘I CONGRESSIONAL DELEGATION, AND ALL STATE OF HAWAI‘I LEGISLATORS TO ENCOURAGE PRESIDENT OBAMA TO SELECT HAWAI‘I AS THE SITE FOR HIS PRESIDENTIAL LIBRARY Strongly urges the Governor and all State of Hawai‘i Legislators to encourage President Obama to select Hawai‘i as the site for his presidential library. The City and County of Honolulu has potential sites for the library and museum on the water front near the airport in the Kaka‘ako section and at the new West O‘ahu University of Hawai‘i campus. Reference: Comm. 112 Intr. by: Ms. Wille Waived: GREDC Res. 50-13: URGES THE NATIONAL ASSOCIATION OF COUNTIES (NACo) TO SUPPORT THE NATIONAL CENTER FOR SAFE ROUTES TO SCHOOL Urges NACo to approve a resolution supporting continued Federal funding for the National Center for Safe Routes to School. The National Center works to improve safety on walking and bicycling routes to school, and to encourage children and families to travel between home and school by walking and biking. Reference: Comm. 113 Intr. by: Mr. Onishi Waived: GREDC Res. 51-13: URGES THE NATIONAL ASSOCIATION OF COUNTIES (NACo) TO SUPPORT CONTINUED FEDERAL FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Urges NACo to approve a resolution supporting continued Federal funding for the Community Development Block Grant (CDBG) program. The CDBG program seeks to promote viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities for persons of low and moderate income. Reference: Comm. 114 Intr. by: Mr. Onishi Waived: GREDC ; and Comm. 114.1 From Council Member Dennis “Fresh” Onishi, dated February 4, 2013, transmitting proposed amendments to Resolution 51-13. The amendments relate to the title, the eight “WHEREAS” clause, the enacting clause, and the final clause of the resolution. Page 3 Hawai‘i County Council-6 February 20, 2013 Res. 52-13: URGES THE LEGISLATURE OF THE STATE OF HAWAI‘I TO RENAME THE SADDLE ROAD IN HONOR OF DANIEL K. INOUYE Urges the State Legislature to rename the Saddle Road in honor of Daniel K. Inouye. Daniel K. Inouye was elected as the United States Senator from Hawai‘i. During his nearly 50 years in the Senate, Hawai‘i benefitted from Federal expenditures relating to national defense, transportation, higher education, astronomy, agriculture, economic development and community development, and Senator Inouye directed Federal funds for the realignment of State Route 200, known as “Saddle Road.” Hawai‘i Senate Bill No. 50 would rename the Saddle Road to “Daniel K. Inouye Legacy Highway.” Reference: Comm. 115 Intr. by: Mr. Onishi Waived: GREDC Res. 55-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $3,500 TO THE HAWAI‘I COUNTY FIRE DEPARTMENT Donated by Kaiser Permanente Hawai‘i, the funds will be used by the Fire Department’s Emergency Medical Services (EMS) Bureau to help pay for EMS ruggedized digital cameras. Reference: Comm. 124 Intr. by: Ms. Poindexter Waived: FC ; and Comm. 124.1: From Finance Committee Chair Valerie T. Poindexter, dated February 8, 2013, requesting this matter be waived from the Committee on Finance to the full Council for immediate action. Res. 56-13: SUPPORTS THE PASSAGE OF SENATE BILL NO. 377, WHICH AUTHORIZES THE ISSUANCE OF $25,000,000 OF GENERAL OBLIGATION BONDS (GOB) TO IMPROVE SAFETY, RELIEVE CONGESTION, AND ADDRESS FUTURE TRAFFIC INCREASES FOR HIGHWAY 130, ALSO KNOWN AS THE KEA‘AU-PĀHOA ROAD Senate Bill No. 377 authorizes the issuance of $25,000,000 of GOB for the widening and other improvements to Highway 130, also known as the “Kea‘au-Pāhoa Road.” Urges the Governor to make the improvements a high priority, and urges the State Department of Transportation to secure additional funding from the Federal Highway Administration to support the improvements to the Kea‘au-Pāhoa Road. Reference: Comm. 126 Intr. by: Mr. Ilagan Waived: GREDC ; and Comm. 126.1: From Council Member Greggor Ilagan, dated February 6, 2013, transmitting Exhibit A (Hawai‘i Department of Transportation’s proposed Phasing Plan for the Kea‘au-Pāhoa Road improvements) and Exhibit B (proposed cross section of the roadway). Page 4 Hawai‘i County Council-6 February 20, 2013 Res. 58-13: URGES THE HAWAI‘I STATE LEGISLATURE TO APPROVE FUNDS FOR THE CONSTRUCTION OF A PERMANENT BUILDING FOR THE UNIVERSITY OF HAWAI‘I AT HILO COLLEGE OF PHARMACY The University of Hawai‘i System and Governor Neil Abercrombie have identified the College of Pharmacy building as the top capital investment need for the University of Hawai‘i. House Bill 724 provides an appropriation of $5,000,000 for fiscal year 2013-2014 for the design of a College of Pharmacy building, and $33,000,000 for the first phase of construction. Also, the Governor’s proposed capital improvements budget provides an appropriation of $5,000,000 for fiscal year 2013-2014 for the design of a College Pharmacy building, and $33,000,000 for the first phase of construction, and an appropriation of $3,000,000 for fiscal year 2014-2015 for equipment. Reference: Comm. 134 Intr. by: Mr. Onishi Waived: GREDC Res. 59-13: APPOINTS THE HAWAI‘I COUNTY COUNCIL REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE AND NOMINATES A REPRESENTATIVE TO SERVE AS A DIRECTOR ON THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS Appoints Council Member Dennis “Fresh” Onishi as Representative to the HSAC Executive Committee for a term beginning July 1, 2013, and also as Director on the WIR Board of Directors for the term beginning with the NACo 2013 WIR Conference in May 2013. Appoints Council Member Greggor Ilagan as the Alternate Representative to the HSAC Executive Committee for the term beginning July 1, 2013. Reference: Comm. 135 Intr. by: Mr. Onishi Waived: GREDC Res. 60-13: URGES THE HAWAI‘I STATE LEGISLATURE TO REJECT ALL LEGISLATION WHICH WOULD ELIMINATE OR FURTHER CAP THE COUNTIES SHARE OF THE TRANSIENT ACCOMMODATIONS TAX (TAT) REVENUE Urges the Hawai‘i State Legislature to reject all legislation which would eliminate or Several measures further cap the TAT revenue designated for transfer to the counties. have been introduced (House Bill Nos. 963 and 971; and Senate Bill Nos. 335, 1194, and 1202), some of which reduces the counties’ share of the TAT as well as eliminate the sunset date for the amounts to be distributed to the tourism special fund and the counties, or completely stopping the transfer of all TAT revenue to the counties. Reference: Comm. 136 Intr. by: Mr. Kern Waived: FC Page 5 Hawai‘i County Council-6 February 20, 2013 Res. 61-13: URGES THE HAWAI‘I STATE LEGISLATURE TO PASS LEGISLATION PERMITTING THE COUNTY OF HAWAI‘I TO EXPEND A PORTION OF THE COUNTY’S SHARE OF FUEL TAX REVENUE FOR THE MAINTENANCE OF SUBSTANDARD PRIVATE SUBDIVISION ROADS WHICH ARE USED BY THE PUBLIC The Senate Committee on Public Safety, Intergovernmental and Military Affairs, and the Senate Committee on Transportation and International Affairs recommended that Senate Bill No. 382 be passed, which would permit the County of Hawai‘i to appropriate a share of fuel tax revenue for the maintenance of private subdivision roads, provided that they are substandard and utilized by the public. Reference: Comm. 137 Intr. by: Mr. Kern Waived: FC Res. 62-13: URGES THE LEGISLATURE OF THE STATE OF HAWAI‘I TO PASS SENATE BILL NO. 456, RELATING TO THE TRANSFER OF THE MAUNA KEA STATE RECREATION AREA TO THE COUNTY OF HAWAI‘I Urges the State Legislature to pass Senate Bill No. 456 and approve the transfer of the Mauna Kea State Recreation Area from the State of Hawai‘i to the County of Hawai‘i in fee simple. Mauna Kea State Recreation Area is a 20.5 acre State park with picnic and lodging at the 6,000 foot elevation, which provides nearby hunting opportunities of pigs, sheep, and birds. Reference: Comm. 138 Intr. by: Mr. Kanuha Waived: GREDC BILLS FOR ORDINANCES (FIRST READING) Bill 30 (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 Adds Parks and Recreation: Kona Emergency Shelter and Multi-Purpose Event Center ($30,000,000); funds shall be provided from County General Obligation Bonds ($11,000,000), State Grants Receivable ($10,000,000), Federal-Air National Guard Assistance ($2,000,000), Federal Grants (Emergency Shelter) ($5,000,000), and Fair Share/Parks or Other Funding ($2,000,000), for a total of $30,000,000. Funds will be used to plan and design the emergency shelter (all hazards) and event center. It may be located on the State’s University of Hawai‘i campus, on County land or on another parcel of land that has the capacity for the event center’s size. Reference: Comm. 86.2 Intr. by: Ms. Ford Approve: FC-30 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 6 Hawai‘i County Council-6 February 20, 2013 Bill 31 (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 Adds Parks and Recreation: Kahuku Park Improvements-Phase 1, Water System Improvements ($200,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($200,000). Funds will be used towards the Kahuku Park Improvements Phase I, Water System Improvements. This project will address public health and safety relating to potable water (drinking, irrigation, and an auxiliary source of potable water in a disaster). Reference: Comm. 88.2 Intr. by: Ms. Ford Approve: FC-31 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 34: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 RELATING TO THE TRANSFER OF FUNDS TO THE PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND Increases revenues in Public Service Company Tax ($250,000); and appropriates same to Transfer to Public Access/Open Space Preservation Maintenance Fund. Pursuant to Section 10-16 of the County Charter, which was approved during the November 2012 election, beginning with the first quarter of 2013, 25 percent of real property tax revenue (including penalty and interest) must be transferred from the General Fund to the newly created Public Access/Open Space and Natural Resources Preservation Maintenance Fund. Reference: Comm. 122 Intr. by: Ms. Poindexter Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 19: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI‘I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT WAIKOLOA, SOUTH KOHALA, HAWAI‘I (Applicant: Hawaiian Riverbend, LLC; Approx. 14.622 Acres) From Mayor William P. Kenoi, dated December 14, 2012, transmitting the above bill and enclosures with a favorable recommendation from Leeward Planning Commission Chair Geraldine Giffin. The applicant requests a State Land Use Boundary Amendment from Agricultural to Urban to develop a commercial shopping complex approximately 170,700 square foot in size. Reference: Comm. 66 Intr. by: Mr. Kern (B/R) First Reading: February 6, 2013 Page 7 Hawai‘i County Council-6 February 20, 2013 Bill 20: AMENDS SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – FIVE ACRES (A-5a) TO VILLAGE COMMERCIAL – 20,000 SQUARE FEET (CV-20) AT WAIKOLOA, SOUTH KOHALA, HAWAI‛I, COVERED BY TAX MAP KEY: 6-8-002:021 (POR) From Mayor William P. Kenoi, dated December 14, 2012, transmitting the above bill and enclosures with a favorable recommendation from Leeward Planning Commission Chair Geraldine Giffin. The applicant requests a Change of Zone from A-5a to CV-20 to develop a commercial shopping complex approximately 170,700 square foot in size. Reference: Comm. 66 Intr. by: Mr. Kern (B/R) First Reading: February 6, 2013 Bill 21 (Draft 2): AMENDS ORDINANCE NO. 07-127 WHICH AMENDED ORDINANCE NO. 05-157, WHICH AMENDED ORDINANCE NO. 95-51, WHICH AMENDED ORDINANCE NO. 90-160, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL 5-ACRE (A-5a) (FORMERLY UNPLANNED) AND MULTIPLE FAMILY RESIDENTIAL – 1,500 SQUARE FEET (RM-1.5) TO RESIDENTIAL – AGRICULTURAL 1 ACRE (RA-1a) AND OPEN (O) DISTRICTS AT WAIKOLOA, SOUTH KOHALA, HAWAI‘I, COVERED BY TAX MAP KEY: 6-8-002:PORTION OF 016 – Request Time Extension to Condition B (Final Subdivision Approval) (Applicant: Waikoloa Mauka, LLC) From Mayor William P. Kenoi, dated December 14, 2012, transmitting the above bill and enclosures with a favorable recommendation from Leeward Planning Commission Chair Geraldine Giffin. The applicant requests an amendment to Condition B (secure final subdivision approval) of Ordinance 07-127, effective September 20, 2007, which required that Final Subdivision Approval be secured within five years from the effective date of the ordinance, or September 20, 2012. Reference: Comm. 67.3 Intr. by: Mr. Kern First Reading: February 6, 2013 Page 8 Hawai‘i County Council-6 February 20, 2013 Bill 22: AMENDS ORDINANCE NO. 07-106, WHICH AMENDED ORDINANCE NO. 02-21, WHICH AMENDED ORDINANCE NO. 98-87, WHICH AMENDED ORDINANCE NO. 90-008, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 20 ST ACRES (A-20a) TO AGRICULTURAL – 3 ACRES (A-3a) AT KAHUA 1, NORTH KOHALA, HAWAI‘I, COVERED BY TAX MAP KEY: 5-9-007:007 – Request 5-Year Time Extension to Condition C (Time to Secure Final Subdivision Approval) (Applicant: Elwin F. Hussey (Keanahalululu)) From Mayor William P. Kenoi, dated December 14, 2012, transmitting the above bill and enclosures with a favorable recommendation from Leeward Planning Commission Chair Geraldine Giffin. The applicant requests a five-year extension of time to comply with Condition C of Ordinance No. 07-106, which requires the applicant to secure Final Subdivision Approval within five years from the effective date of the amended ordinance. The applicant plans to subdivide the subject property into eight lots, each approximately 3-acres in size. Reference: Comm. 68 Intr. by: Mr. Kern (B/R) First Reading: February 6, 2013 Bill 24: AMENDS CHAPTER 2, ARTICLE 42, SECTION 2-214 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO A RESTRICTIVE COVENANT FOR DEEDS TO LANDS OR EASEMENTS ACQUIRED WITH FUNDS FROM THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND Adds the following language in Section 2-214, Public access, open space, and natural resources preservation fund: (d) The director of finance shall ensure that the following covenant is written and duly recorded as part of the deed of any property acquired pursuant to this article: “This land/easement was acquired with moneys from the Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the people of Hawai‘i County and may not be sold, mortgaged, traded or transferred in any way.” The director of finance shall select either “land” or “easement” based on the type of property acquired. Reference: Comm. 72 Intr. by: Ms. Ford First Reading: February 6, 2013 Bill 26: AMENDS CHAPTER 18, ARTICLE 4, SECTION 18-90 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SHARED-RIDE FARES The proposal adds the coupon price for a “single coupon” at a cost of $6. Reference: Comm. 76 Intr. by: Mr. Onishi First Reading: February 6, 2013 Page 9 Hawai‘i County Council-6 February 20, 2013 Bill 27: 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 (e), Kohala, by revising an existing item: “(1) Māmalahoa Highway (Highway 190), [in Waimea] from a point five hundred three feet north of Lalamilo Farm Road to Lindsey Road [to a point four thousand feet in the Kona direction].” The amendment lowers the speed limit along Māmalahoa Highway south of the Ala Ohia Road (Waimea bypass) intersection. Reference: Comm. 80 Intr. by: Mr. Kanuha First Reading: February 6, 2013 : and Comm. 80.1: From Council Member Margaret Wille, dated February 11, 2013, transmitting proposed amendments to Bill 27, as follows: “(1) Māmalahoa Highway (Highway 190), from [a point five hundred three feet north of Lalamilo Farm Road to] Lindsey Road[,] to the end of the County-maintained portion eighty-one feet south of Lalamilo Farm Road.” Bill 29: 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 (c), by revising an existing item: “(1) Aupuni Street, southwest side, from a point seven hundred SEVENTY-THREE SEVEN feet southeast of Pauahi Street and extending forty FOUR feet in the southeasterly direction.” The amendment for the proposed location for the bus stop will allow the addition of one parking stall and a 46’ no parking zone/gap for the buses to use for a pull-in area to access the relocated bus stop. Reference: Comm. 82 Intr. by: Mr. Kanuha First Reading: February 6, 2013 REPORTS FC-29 (Comm. 85): Recommends the confirmation of the appointment of Mr. Timothy R. DeLozier (Council District 1) to the Public Access, Open Space, and Natural Resources Preservation Commission. PC-14 (Comm. 84): Recommends the confirmation of the appointment of Mr. Roger Harris to the South Kohala Community Development Plan Action Committee. (PC-15 continues on the next page.) Page 10 Hawai‘i County Council-6 February 20, 2013 PC-15 (Comm. 84): Recommends the confirmation of the appointment of Mr. John Mueller to the South Kohala Community Development Plan Action Committee. PC-16 (Comm. 84): Recommends the confirmation of the appointment of Ms. Fran Tabor to the South Kohala Community Development Plan Action Committee. AWESC-1 Recommends the confirmation of the appointment of Mr. Willie-Joe Camara (Comm. 90): (Council District 1) to the Game Management Advisory Commission. AWESC-2 Recommends the confirmation of the appointment of Mr. Dwayne D. Yoshina (Comm. 90): (Council District 2) to the Game Management Advisory Commission. AWESC-3 Recommends the confirmation of the appointment of Mr. Anthony H. Sylvester II (Comm. 90): (Council District 3) to the Game Management Advisory Commission. AWESC-4 Recommends the confirmation of the appointment of Mr. Paul E. Bueltmann (Comm. 90): (Council District 4) to the Game Management Advisory Commission. AWESC-5 Recommends the confirmation of the appointment of Mr. Thomas H. Lodge (Comm. 90): (Council District 5) to the Game Management Advisory Commission. AWESC-6 Recommends the confirmation of the appointment of Mr. Francis L. Benevides, Jr., (Comm. 90): (Council District 6) to the Game Management Advisory Commission. AWESC-7 Recommends the confirmation of the appointment of Mr. Robert P. White (Council (Comm. 90): District 7) to the Game Management Advisory Commission. AWESC-8 Recommends the confirmation of the appointment of Mr. Mark C. Bartell (Council (Comm. 90): District 8) to the Game Management Advisory Commission. AWESC-9 Recommends the confirmation of the appointment of Mr. Cleon M. Bailey (Council (Comm. 90): District 9) to the Game Management Advisory Commission. REFERRALS FOR EXECUTIVE SESSION Comm. 116: DAMON TUCKER V. JAMES WAIAMAU, ET AL.; CIVIL NO. 12-1-0403 From Deputy Corporation Counsel Kimberly K. Angay, dated January 30, 2013, requesting an attorney-client confidential discussion in executive session with the County Council regarding a lawsuit for damages filed on June 28, 2012. An offer of settlement has been made by the plaintiff and a discussion with the Council is required. The Council anticipates convening an executive meeting regarding the above matter, 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. Page 11 Hawai‘i County Council-6 February 20, 2013 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation “By Request” on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by February 15, 2013. 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:  County Council Room, 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, Building A Public attendance via videoconference will be available at both of the above locations. Public attendance via videoconference is also available at the following locations until 4:30 p.m. or later in the event public witness testimony has not been completed:  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5  Pāhoa Council Office, Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 304 Public attendance via videoconference is also available at the following location until 3:00 p.m. or later in the event public witness testimony has not been completed:  Hawaiian Ocean View Estates Community Center, 92-8924 Leilani Circle If for technical or other unanticipated circumstances the video connection regarding the Waimea Council Office, Pāhoa Council Office, and the Hawaiian Ocean View Estates Community Center 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. Page 12 Hawai‘i County Council-6 February 20, 2013 Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) to before 12:00 noon on the business day prior to the meeting videotestimony@hawaiicounty.gov . The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, Each video submittal shall be limited to a single or report number), and number of testifiers on the video submittal. agenda item . 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 Allowable video content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). formats are to be internet-based, downloadable, and accessible to this office and the general public; e.g. YouTube being the most commonly known but any, of similar functionality and format we can access and review, is acceptable. Viewing of Meetings on Government Access Television - Channel 55: ththstthrd Wednesdays, February 27 and March 6 at 6 p.m.; Fridays, March 1 and 8 at 12 p.m.; and Sundays, March 3 th and 10 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-52/.) UPCOMING MEETINGS TUESDAY, MARCH 12, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, MARCH 13, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY MARCH 27, 2013 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A THURSDAY, MARCH 28, 2013 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 13