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Home My WebLink AboutAGE COUNCIL 2013/06/18 2012-2014 ACTIONS 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 16 Session ORDER OF BUSINESS West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i Tuesday, June 18, 2013 9:00 a.m. INVOCATION Pastor Bruce Pratt of Cornerstone Christian Fellowship CALL TO ORDER 9:14 A.M. 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-16 June 18, 2013 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Keahi Delovio: Presentation of a Certificate of Merit Sponsored by Council Vice-Chair Karen Eoff recognizing Keahi Delovio for her outstanding achievements (2013 Miss Kona Coffee’s Outstanding Teen, First Runner Up Miss Hawai‘i’s Outstanding Teen Pageant, and Kealakehe High School Honor Student) as well as for her dedication and participation in various activities. Reference: Comm. 311 9:15 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. 307: REQUEST TO HIRE SPECIAL COUNSEL TO ASSIST THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT (OHCD) IN REAL ESTATE MATTERS RELATED TO THE KAMAKOA NUI PROJECT From Corporation Counsel Lincoln S. T. Ashida, dated June 3, 2013, requesting that the above matter be placed on the Council’s agenda, pursuant to Section 6-5.5 of the Hawai‘i County Charter (2012), for the purpose of authorizing the hiring of special counsel to assist OHCD. (The Corporation Counsel is not requesting this matter be discussed in executive session, however, one or more Council Members may have questions that pertain to the Council’s powers, duties, privileges, immunities, and liabilities and, therefore, ask that this item be agendized in both the regular session and executive session.) (Note: Communication 307 is listed under the topic headings of “Communications” and “Referrals for Executive Session.”) FILED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Page 2 Hawai‘i County Council-16 June 18, 2013 ORDER OF RESOLUTIONS Res. 18-13 (Draft 2): ESTABLISHES A REAL PROPERTY TAX STAKEHOLDERS TASK FORCE Establishes the above titled task force under the direction of the Finance Director to address recommendations contained in the International Association of Assessing Officers (IAAO) Report, who will meet a minimum of once per month and shall submit quarterly reports to the Council that provide all findings and recommendations of the task force, addressing the recommendations in the IAAO Report. This task force will dissolve on November 30, 2014, unless the Council approves a one-year extension by resolution. Reference: Comm. 24.12 Intr. by: Ms. Wille Approve: FC-74 AMENDED TO DRAFT 3 & POSTPONED TO THE JULY 10, 2013, COUNCIL MEETING: AYES: Council Members Ford, Kanuha, Poindexter, Wille, and Acting Chair Eoff – 5. NOES: Council Members Ilagan, Onishi, and Yoshimoto – 3. ABSENT: Council Member Kern – 1. EXCUSED: None. Res. 108-13: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF OFFICE SPACE FOR THE OFFICE OF THE PROSECUTING ATTORNEY IN WAIMEA Authorizes the Mayor to enter into a multi-year lease agreement for five years with Starr Equities, Inc., a Domestic Profit Corporation, with an option to extend the lease for another same term of five years. Reference: Comm. 265 Intr. by: Ms. Poindexter Approve: FC-66 ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Page 3 Hawai‘i County Council-16 June 18, 2013 Res. 118-13: AUTHORIZES THE FINANCE DIRECTOR TO SELL REAL PROPERTY IN THE KAMAKOA NUI WORKFORCE HOUSING COMMUNITY AT WAIKOLOA TO HABITAT FOR HUMANITY WEST HAWAI‘I Authorizes the sale of fee simple land to Habitat for Humanity West Hawai‘i who has obtained appraisals and funding to purchase six vacant lots designated by Tax Map Keys: 6-8-030:206, 213, 215, 216, 222, and 223 to develop affordable housing at Kamakoa Nui. Reference: Comm. 286 Intr. by: Ms. Poindexter Approve: FC-69 ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Res. 119-13 (Draft 2): AUTHORIZES THE FINANCE DIRECTOR TO LEASE REAL PROPERTY IN THE EDUCATION TRAINING FACILITY (ETF) IN NĀ KAHUA HALE O ULU WINI COMMUNITY IN NORTH KONA TO HABITAT FOR HUMANITY WEST HAWAI‘I Habitat for Humanity West Hawai‘i desires to lease 7,114 square feet of warehouse space in the ETF facility for its Habitat Restore, which offers the sale of inventory, donated by local businesses and community members, to the public at discounted prices. Reference: Comm. 287.1 Intr. by: Ms. Poindexter Approve: FC-70 ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Page 4 Hawai‘i County Council-16 June 18, 2013 Res. 120-13: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR A VOICE OVER INTERNET PROTOCOL (VOIP) PHONE SYSTEM FOR THE OFFICE OF THE PROSECUTING ATTORNEY IN KONA Authorizes the Mayor to enter into a five-year lease agreement for a VOIP phone system at a cost not to exceed $1,600 per month. Reference: Comm. 288 Intr. by: Ms. Poindexter Approve: FC-71 ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Res. 121-13: AUTHORIZES A GRANT OF EASEMENT FOR UTILITY PURPOSES TO HAWAI‘I ELECTRIC LIGHT COMPANY (HELCO), INC., OVER TAX MAP KEY: (3) 2-2-015:033 (POR.) HELCO plans to improve its transmission capability to the Kaiko‘o area of South Hilo, and requests the above easement from the County of Hawai‘i to allow for additional equipment to be stationed at 101 Pauahi Street, Hilo. Reference: Comm. 290 Intr. by: Ms. Poindexter Approve: FC-73 ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Page 5 Hawai‘i County Council-16 June 18, 2013 Res. 125-13: AUTHORIZES THE EXTENSION OF THE PUBLIC SEWER FROM KEANALEHU DRIVE THRU THE PROPOSED PHASE 1 – ‘ĀKAU DEVELOPMENT OF THE LA‘I‘ŌPUA VILLAGE 4 SUBDIVISION WITHIN TAX MAP KEYS: 7-4-021:10 & PORTION OF 7-4-021:012, SITUATED IN KEALAKEHE, NORTH KONA, HAWAI‘I FOR THE DEPARTMENT OF HAWAIIAN HOME LANDS The initial phase of the work involves the installation of sewer infrastructure within the proposed road right-of-ways and connection to the public sewer system at the Keanalehu Drive-Maua Place and Keanalehu Drive-Ko‘oko‘olau Street intersections. The sewer extension serving the Phase 1 development will permit the wastewater generated from this phase of the subdivision to be treated at the Kealakehe Wastewater Treatment Plant. Reference: Comm. 300 Intr. by: Mr. Kern (B/R) Approve: EMC-2 AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. ; and Comm. 300.1: From Council Member Zendo Kern, dated June 5, 2013, transmitting proposed amendments to Resolution 125-13, by adding and correcting the Hawaiian diacritical marks. Page 6 Hawai‘i County Council-16 June 18, 2013 Res. 126-13: ACCEPTS THE NEGOTIATED LEASE AGREEMENT FOR HĀMĀKUA LANDS IDENTIFIED AS TAX MAP KEYS: (3)4-3-009:024, 4-3-009:053, 4-3-009:054, 4-3-009:061, 4-3-011:001, 4-3-011:002, 4-3-011:061, 4-3-011:062 AND 4-3-011:064 WITH LAU RANCH, PURSUANT TO SECTION 2-114 OF THE HAWAI‘I COUNTY CODE Resolution 38-11 authorized the lease of certain County of Hawai‘i owned lands, and required that the negotiated lease agreement for those lands be accepted by the Council. Resolution 69-13 authorized the lease agreement between the County and Lau Ranch for Tax Map Keys: (3)4-3-009:024, 4-3-009:053, 4-3-009:054, 4-3-009:061, 4-3-011:001, 4-3-011:062 and 4-3-011:064, and has since received the right to lease additional Tax Map Keys: (3)4-3-011:002 and 4-3-011:061. Reference: Comm. 303 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Res. 127-13: AUTHORIZED THE ACCEPTANCE OF A MONETARY DONATION OF $250 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT ACTIVITIES AT THE HONOMU GYM Donated by Susan Gillespie of Allesein Hair Studio, the funds will be used by the Parks and Recreation Department to support activities at the Honomu Gym. Reference: Comm. 304 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Page 7 Hawai‘i County Council-16 June 18, 2013 Res. 128-13: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY Authorizes the Mayor to enter into a three-year lease agreement for the West Hawai‘i Office of the Office of the Prosecuting Attorney located at Kealakekua Business Plaza, 81-980 Haleki‘i Street, Suite #150, Kealakekua, at $13,798.36/month for the first year, $14,136.50 for the second year, and $14,484.78 for the third year starting on July 1, 2013. Reference: Comm. 305 Intr. by: Ms. Poindexter Waived: FC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Page 8 Hawai‘i County Council-16 June 18, 2013 Res. 129-13: RESOLUTION (1) ACCEPTS THE DEDICATION OF LOTS 108, 109, 111 AND 112 ON FILE PLAN 2463 BEING TAX MAP KEYS: 7-3-063:012, 013; 7-3-064:021, 022, SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND OF HAWAI‘I AND STATE OF HAWAI‘I, FROM KOHANAIKI SHORES LLC; (2) AUTHORIZES THE GRANTING OF AN EXCLUSIVE EASEMENT TO KOHANAIKI SHORES LLC OVER LOTS 108 (POR.), 109, 111 AND 112 ON FILE PLAN NO. 2463 AND TAX MAP KEYS: 7-3-063:012 (POR.), 013; 7-3-064: 021, 022, SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND, COUNTY AND STATE OF HAWAI‘I; AND (3) ACCEPTS A GRANT OF PUBLIC ACCESS EASEMENT FROM KOHANAIKI SHORES LLC BEING A PORTION OF GRANT 3086 TO KAPENA AFFECTING LOT 107 AND A PORTION OF ROAD LOT A OF THE SHORES AT KOHANAIKI RESORT SUBDIVISION AS SHOWN ON FILE PLAN NO. 2463, AND A PORTION OF GRANT 2942 TO HULIKOA, AFFECTING A PORTION OF PARCEL 4 BEING TAX MAP KEY: 7-3-009:016 (POR.); 7-3-063:011, 014 (POR.) SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND OF HAWAI‘I AND STATE OF HAWAI‘I, FROM KOHANAIKI SHORES LLC Kohanaiki Shores LLC (KOH) has constructed certain public park facilities and is desirous of dedicating the above referenced lots inclusive of certain easements, encumbrances, and reservations to the County of Hawai‘i for public park purposes (includes granting KOH exclusive easement without resort to public auctions, and accepts the grant of the Public Access Easement). Reference: Comm. 308 Intr. by: Ms. Eoff Waived: PWPRC AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. ; and Comm. 308.1: From Assistant Corporation Counsel Katherine A. Garson, dated June 10, 2013, transmitting County department approval letters supporting Resolution 129-13. Page 9 Hawai‘i County Council-16 June 18, 2013 Res. 130-13: ACCEPTS A GRANT OF NON-EXCLUSIVE UTILITY EASEMENT OVER A PORTION OF TAX MAP KEY: 7-3-065:014 AND 015 SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND OF HAWAI‘I AND STATE OF HAWAI‘I, FROM KOHANAIKI SHORES LLC Kohanaiki Shores LLC is dedicating certain public park facilities and is desirous of granting the County a perpetual non-exclusive easement to access, maintain, and repair water lines in the above referenced lots. Reference: Comm. 309 Intr. by: Ms. Eoff Waived: PWPRC ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. ; and Comm. 309.1: From Assistant Corporation Counsel Katherine A. Garson, dated June 10, 2013, transmitting County department approval letters supporting Resolution 130-13. Page 10 Hawai‘i County Council-16 June 18, 2013 Res. 131-13: URGES THE GOVERNOR TO INSURE THAT PROPOSED AMENDMENTS TO THE DEPARTMENT OF LAND AND NATURAL RESOURCE’S ADMINISTRATIVE RULES RELATING TO THE TERMINATION OF SCUBA SPEAR FISHING AND THE PUAKŌ FISHERIES MANAGEMENT AREA (FMA) BOUNDARY BE PLACED IN THEIR ORIGINAL FORM AND ENTIRETY BEFORE THE BOARD OF LAND AND NATURAL RESOURCES FOR DECISION MAKING States that Mr. William Aila, Chairman of the Department of Land and Natural Resources, has indicated his intention to remove certain proposed amendments concerning the termination of scuba spear fishing and the Puakō FMA boundary. Reference: Comm. 316 Intr. by: Ms. Wille Waived: AWESC AMENDED TO DRAFT 2 & ADOPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Res. 132-13: AMENDS SALARY ORDINANCE NO. 13-50 BY AMENDING SECTION 3(B) BY INCREASING THE AFFECTED PAY GRADES BY 4% FOR THE LEGISLATIVE BRANCH Implements a new pay grade increase of 4% for positions in the Legislative Branch except for the LE-2 (Legal Specialist) position. Reference: Comm. 317 Intr. by: Mr. Yoshimoto Waived: FC POSTPONED TO CALL OF THE CHAIR: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Page 11 Hawai‘i County Council-16 June 18, 2013 BILLS FOR ORDINANCES (FIRST READING) Bill 75: AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-89.5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO KULEANA LAND EXEMPTIONS Eliminates residential and agricultural zoning restrictions and allows qualified parcels in residential use, agricultural use, or vacant land to be eligible for a kuleana land exemption. Also, clarifies that the use of property as a vacation rental does not qualify as a residential use for the purpose of a kuleana land exemption. Reference: Comm. 267 Intr. by: Ms. Poindexter Approve: FC-68 ST PASSED 1 READING: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Bill 80: 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 ST PUNAHOA 1, SOUTH HILO, HAWAI‘I (TMK: 2-5-023:015) (Applicant: Nobuchika Santo; Area: 1.0 acre) The subject property is located along the south side of Ainako Avenue, st approximately 360 feet west from its intersection with Kokea Street, Punahoa 1 nd and 2, South Hilo. Reference: Comm. 278 Intr. by: Mr. Kern (B/R) Approve: PC-35 ST PASSED 1 READING: AYES: Council Members Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Kern – 1. EXCUSED: None. Page 12 Hawai‘i County Council-16 June 18, 2013 Bill 81: 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 – 1 ACRE (A-1a) TO SINGLE-FAMILY RESIDENTIAL – ST 15,000 SQUARE FEET (RS-15) AT PUNAHOA 1, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-5-023:015 (Applicant: Nobuchika Santo; Area: 1.0 acre) The applicant requests a change of zone for the one-acre (A-1a) portion of the site to construct a second dwelling in the future, should needs arise, thus necessitating the change of zone to RS-15. Reference: Comm. 278 Intr. by: Mr. Kern (B/R) Approve: PC-36 ST PASSED 1 READING: AYES: Council Members Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Kern – 1. EXCUSED: None. Bill 82: AMENDS CHAPTER 24, ARTICLE 11, DIVISION 1, SECTION 24-298 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Establishes speed limits in the Hawai‘i County Code for the Hawaiian Paradise Park Subdivision so that speed limits can be properly enforced by the police. Amends Schedule 2, 15 mile per hour limit, subsection (g), Puna, by adding, “Hawaiian Paradise Park Subdivision, all unpaved roads.” Reference: Comm. 282 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-24 ST AMENDED TO DRAFT 2 & PASSED 1 READING: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Page 13 Hawai‘i County Council-16 June 18, 2013 Bill 83: AMENDS CHAPTER 24, ARTICLE 11, DIVISION 1, SECTION 24-300 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Establishes speed limits in the Hawai‘i County Code for the Hawaiian Paradise Park Subdivision so that speed limits can be properly enforced by the police. Amends Schedule 4, 25 mile per hour limit, subsection (g), Puna, by adding, “Hawaiian Paradise Park Subdivision, all paved roads except for Shower Drive, Kaloli Drive, Paradise Drive and Makuu Drive.” Reference: Comm. 283 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-25 ST PASSED 1 READING: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Bill 85: AMENDS CHAPTER 24, ARTICLE 4, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FEES Amends Sections 24-17, 24-18, and 24-19 pertaining to motor vehicle tax computation, motor vehicle tax minimum tax, and vehicle registration fees by providing additional revenue for the Highway Fund to support road maintenance and transportation operations. Reference: Comm. 289 Intr. by: Ms. Poindexter Approve: FC-72 ST PASSED 1 READING: AYES: Council Members Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Kern – 1. EXCUSED: None. Page 14 Hawai‘i County Council-16 June 18, 2013 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 69: AMENDS CHAPTER 14, ARTICLE 1, SECTION 14-1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO INTOXICATING LIQUORS PROHIBITED IN CERTAIN PUBLIC PLACES Amends Section 14-1(a) by including County parking lots as public places where intoxicating liquors are prohibited. Reference: Comm. 256 Intr. by: Ms. Eoff First Reading: June 5, 2013 ND PASSED 2 AND FINAL READING: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. Bill 86 (Draft 2): AMENDS CHAPTER 18, ARTICLE 4, SECTION 18-90, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO PUBLIC TRANSIT SYSTEM, ISLAND-WIDE FARE STRUCTURE Amends Chapter 18, Section 18-90 (Fares) by addressing fare increases and changes to the fare structure of the County’s public transit system, and will take effect on July 1, 2013. Reference: Comm. 294.2 Intr. by: Ms. Poindexter First Reading: June 5, 2013 ND PASSED 2 AND FINAL READING: AYES: Council Members Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 7. NOES: Council Member Ford – 1. ABSENT: Council Member Kern – 1. EXCUSED: None. Page 15 Hawai‘i County Council-16 June 18, 2013 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended April 30, 2013, from the Department of Finance. ACCEPTED: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. EXCUSED: None. REFERRALS FOR EXECUTIVE SESSION Comm. 307: REQUEST TO HIRE SPECIAL COUNSEL TO ASSIST THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT (OHCD) IN REAL ESTATE MATTERS RELATED TO THE KAMAKOA NUI PROJECT From Corporation Counsel Lincoln S. T. Ashida, dated June 3, 2013, requesting that the above matter be placed on the Council’s agenda, pursuant to Section 6-5.5 of the Hawai‘i County Charter (2012), for the purpose of authorizing the hiring of special counsel to assist OHCD. (The Corporation Counsel is not requesting this matter be discussed in executive session, however, one or more Council Members may have questions that pertain to the Council’s powers, duties, privileges, immunities, and liabilities and, therefore, ask that this item be agendized in both the regular session and executive session.) (Note: Communication 307 is listed under the topic headings of “Communications” and “Referrals for Executive Session.”) CONCURRED WITH THE RECOMMENDATION OF CORPORATION COUNSEL TO HIRE SPECIAL COUNSEL FOR THE OHCD REGARDING THE KAMAKOA NUI PROJECT: AYES: Council Members Ford, Ilagan, Kanuha, Onishi, Poindexter, Wille, Yoshimoto, and Acting Chair Eoff – 8. NOES: None. ABSENT: Council Member Kern – 1. 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 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 16 Hawai‘i County Council-16 June 18, 2013 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 6:36 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 June 14, 2013 accommodations for this meeting should call 961-8255 by . Relay users please call 711(961-8255) to contact our office. Notice is hereby given that pursuant to Hawai‘i Revised Statutes (hereinafter “HRS”) §92-3.5, the Hawai‘i County Council will be conducting this meeting via videoconference. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Council Members will be present at the following locations:  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 Zendo Kern 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. Page 17 Hawai‘i County Council-16 June 18, 2013 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 before 12:00 noon on the business copies for distribution. Public testimony may also be submitted day prior to the meeting :(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to Please submit separate testimony for each item. counciltestimony@co.hawaii.hi.us. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address before 12:00 noon on the business day prior to the (url) to videotestimony@hawaiicounty.gov meeting . The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video Each video submittal shall be limited to a single agenda item submittal. . Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Allowable video 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: thrdthth Wednesdays, June 26 and July 3 at 6 p.m.; Fridays, June 28 and July 5 at 12 p.m.; Sundays, thth June 30 and July 7 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, JULY 2, 2013 SPECIAL MEETING OF 9:00 A.M. WEST HAWAI‘I CIVIC CENTER THE PUBLIC SAFETY AND 74-5044 Ane Keohokālole Highway MASS TRANSIT COMMITTEE Building A RE BILL 79 (PROHIBITION OF GENETICALLY MODIFIED ORGANISMS) TUESDAY, JULY 9, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street Page 18 Hawai‘i County Council-16 June 18, 2013 WEDNESDAY, JULY 10, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM – HILO 25 Aupuni Street TUESDAY, JULY 23, 2013 COMMITTEES 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, JULY 24, 2013 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 19