Loading...
HomeMy WebLinkAboutAGE COUNCIL 02/04/2015 2014-2016 ACTIONS DRU MAMO KANUHA AARON S. Y. CHUNG MAILE “MEDEIROS” DAVID Chair and Presiding Officer KAREN EOFF VALERIE T. POINDEXTER GREGGOR ILAGAN DENNIS “FRESH” ONISHI Vice Chair DANNY PALEKA MARGARET WILLE COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 5 th Session ORDER OF BUSINESS Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i February 4, 2015 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Reverend Bryan Siebuhr of Honpa Hongwanji Hilo Betsuin CALL TO ORDER 9:05 A.M. ROLL CALL PLEDGE OF ALLEGIANCE Serving the Interests of the People of Our Island Hawai‘i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-5 February 4, 2015 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Keith “Bradda Presentation of a Certificate of Merit Sponsored by Council Member Skibs” Nehls: Valerie T. Poindexter recognizing Keith “Bradda Skibs” Nehls for his devotion and generosity to the Hāmākua community. Reference: Comm. 97 FILED: AYES: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Onishi – 1. EXCUSED: None. (9:10 A.M.) STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) APPROVAL OF MINUTES COMMUNICATIONS ORDER OF RESOLUTIONS Res. 46-15: URGES THE UNITED STATES DEPARTMENT OF TRANSPORTATION (DOT) TO APPROVE THE APPLICATION OF HAWAIIAN AIRLINES FOR ALLOCATION OF A NONSTOP ROUTE BETWEEN KONA, HAWAI‘I, AND TOKYO, JAPAN Supports Hawaiian Airlines’ application for this nonstop route. Reference: Comm. 75 Intr. by: Mr. Onishi Waived: GREDC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 2 Hawai‘i County Council-5 February 4, 2015 Res. 47-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND WAVE RIDERS AGAINST DRUGS FOR THE 2015 WEST HAWAI‘I’S COMMUNITY BEACH CLEAN-UP Transfers/appropriates $3,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits the same to the Department of Liquor Control, Public Programs, Miscellaneous Contract Services account (Big Island Wave Riders Against Drugs). Funds would be used to pay for activities, advertising, transportation, and other expenses for this event to be held on March 7, 2015. Reference: Comm. 76 Intr. by: Ms. Eoff ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 48-15: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAIʻI BY AMENDING RULE NO. 13, PUBLIC STATEMENTS AND TESTIMONY Amends Council Rule 13 by removing the option of submitting video testimony. Reference: Comm. 77 Intr. by: Ms. Wille WITHDRAWN BY INTRODUCER Page 3 Hawai‘i County Council-5 February 4, 2015 Res. 49-15: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAIʻI BY AMENDING RULE NO. 14, MOTIONS Amends Council Rule 14 by providing that the Chair may only recognize a motion to end debate if each Council Member was provided the opportunity to speak prior to the making of the motion. Reference: Comm. 78 Intr. by: Ms. Wille WITHDRAWN BY INTRODUCER Res. 50-15: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAIʻI BY AMENDING RULE NO. 2, MEETINGS Amends Council Rule 2 by decreasing the number of votes required to allow a Committee or Council meeting to go beyond 6 p.m., requiring the Council’s prior approval for any request of a presentation not related to a pending bill or resolution, and requiring equal time be allowed for and against the subject matter of any presentation relating to a pending bill or resolution. Reference: Comm. 79 Intr. by: Ms. Wille POSTPONED TO THE FEBRUARY 18, 2015, COUNCIL MEETING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 4 Hawai‘i County Council-5 February 4, 2015 Res. 51-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A FLAT SCREEN TELEVISION WITH ACCESSORIES, A DVD PLAYER, AND VOLLEYBALL NETS TO THE DEPARTMENT OF PARKS AND RECREATION Donated by the Queen Liliʻuokalani Children’s Center with a total value of $4,000 for use at the Kawānanakoa Gym in Keaukaha to assist with the implementation of video-based athletic training. Reference: Comm. 84 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Res. 52-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A SELF- CONTAINED ICE MACHINE TO THE DEPARTMENT OF PARKS AND RECREATION Donated by the Queen Liliʻuokalani Children’s Center and valued at $3,050 for use at the Kawānanakoa Gym in Keaukaha to implement concessions, fundraising, and other activities associated with Keaukaha-based athletics. Reference: Comm. 85 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 5 Hawai‘i County Council-5 February 4, 2015 Res. 53-15: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $5,000 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Carol Ann Crocket for the beautification of the West Hawai‘i Veterans Cemetery. Reference: Comm. 86 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Res. 54-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, TO PROVIDE WORKERS’ COMPENSATION ADMINISTRATION SERVICES Renews a current agreement that expires on March 31, 2015, to provide the above services to the Parks and Recreation Department and the Police Department. Reference: Comm. 87 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. Page 6 Hawai‘i County Council-5 February 4, 2015 Res. 56-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A WRONGFUL CONVICTION DEMONSTRATION PROJECT GRANT TO THE HAWAI‘I COUNTY POLICE DEPARTMENT Provides $52,072 from the State’s Department of the Attorney General’s Crime Prevention and Justice Assistance Division to purchase recording equipment and related technology to record custodial interrogations of individuals by law enforcement personnel. Reference: Comm. 89 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Res. 57-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR THE IMPROVE FORENSIC SERVICES GRANT TO THE HAWAI‘I COUNTY POLICE DEPARTMENT Provides $25,641 from the State’s Department of the Attorney General’s Crime Prevention and Justice Assistance Division to pay for costs associated with keeping personnel updated in forensic science training and to purchase updated forensic science equipment. Reference: Comm. 90 Intr. by: Ms. Eoff Waived: FC ADOPTED: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Page 7 Hawai‘i County Council-5 February 4, 2015 Res. 58-15: REQUESTS PUNA GEOTHERMAL VENTURE (PGV) TO REDUCE THE NOISE IMPACT TO RESIDENTS DURING THE NIGHT BY COMPLYING WITH ORDINANCE NO. 12-151 Requests that PGV comply with Ordinance 12-151 by restricting drilling operations at production well KS-16 to the hours of 7 a.m. to 7 p.m. Reference: Comm. 92 Intr. by: Mr. Ilagan Waived: AWESC WITHDRAWN BY INTRODUCER Res. 59-15: REQUESTS THE OFFICE OF THE CORPORATION COUNSEL TO INITIATE A DECLARATORY JUDGEMENT ACTION TO DETERMINE THE APPLICABILITY OF ORDINANCE NO. 12-151 TO PUNA GEOTHERMAL VENTURE’S (PGV) DRILLING OPERATIONS UNDER GEOTHERMAL RESOURCE PERMIT NO. 2, AND/OR TO SEEK INJUNCTIVE RELIEF Requests the Office of the Corporation Counsel to re-examine issues relating to PGV’s intent to conduct 24-hour drilling operations at production well KS-16. Reference: Comm. 93 Intr. by: Mr. Ilagan Waived: AWESC FILED DUE TO THE FOLLOWING VOTE: AYES: Council Members Chung, Ilagan, Paleka, and Wille – 4. NOES: Council Members David, Eoff, Onishi, Poindexter, and Chair Kanuha – 5. ABSENT: None. EXCUSED: None. (For informational purposes, Ms. Eoff voted “kānalua” then “no.”) Page 8 Hawai‘i County Council-5 February 4, 2015 BILLS FOR ORDINANCES (FIRST READING) Bill 21: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Adds the Public Works Highway Administration Office Building Improvements project for $500,000 to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources. Funds would be used to expand and improve office space at the Highways Administration building. Reference: Comm. 83 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ST PASSED 1 READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Bill 22: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants - Wrongful Conviction Demonstration Project account ($52,072); and appropriates the same to the Wrongful Conviction Demonstration Project account. Funds would be used to purchase recording equipment and related technology to record custodial interrogations of individuals by law enforcement personnel. Reference: Comm. 89 Intr. by: Ms. Eoff Waived: FC ST PASSED 1 READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Page 9 Hawai‘i County Council-5 February 4, 2015 Bill 23: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants - Improve Forensic Services account ($25,641); and appropriates the same to the Improve Forensic Services account. Funds would be used to pay for costs associated with keeping personnel updated in forensic science training and to purchase updated forensic science equipment. Reference: Comm. 90 Intr. by: Ms. Eoff Waived: FC ST PASSED 1 READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 266: AMENDS CHAPTER 23, ARTICLE 4, SECTION 23-58 AND ARTICLE 5, (2012-2014) SECTION 23-68 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SUBMISSION OF THE PRELIMINARY PLAT AND FINAL PLAT FOR AN APPLICATION FOR SUBDIVISION Requires the preliminary plat and final plat of a proposed subdivision be prepared, stamped, and signed by a surveyor. Reference: Comm. 937 Intr. by: Ms. Eoff First Reading: January 23, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Page 10 Hawai‘i County Council-5 February 4, 2015 Bill 1: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-254, SCHEDULE 2 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 20 MILE PER HOUR SPEED LIMIT Adds portions of Mahi‘ai Road to Subsection (g), Puna. Reference: Comm. 12 Intr. by: Ms. Poindexter First Reading: January 23, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Bill 2 AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255, (Draft 2): SCHEDULE 3 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 25 MILE PER HOUR SPEED LIMIT Amends Subsection (g), Puna, to revise existing provision for a portion of Wright Road and to add Amaumau Road and portions of Mahi‘ai and Wright Road. Reference: Comm. 13.1 Intr. by: Ms. Poindexter First Reading: January 23, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Page 11 Hawai‘i County Council-5 February 4, 2015 Bill 3: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 3, SECTION 24-275.1, SCHEDULE 23.1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NEW PUBLIC ROAD TAXI STAND LOCATION Adds portion of Ali‘i Drive to Subsection (f), Kona, to provide taxi parking between 10 p.m. and 8 a.m. daily. Reference: Comm. 14 Intr. by: Ms. Poindexter First Reading: January 23, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Bill 7: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Establishes the following program appropriations to the Capital Budget: Roadway Projects (Engineering) ($1,750,000); Bridge Inspection, Repair, and Replacement Program (Engineering) ($1,500,000); and Local Road Improvements (Highways) ($3,250,000), for a total of $6.5 million. Funds for the program appropriations shall be provided from the 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. Exhibit A, attached to the bill, lists the specific projects in each category. Reference: Comm. 26 Intr. by: Ms. Eoff First Reading: January 23, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Page 12 Hawai‘i County Council-5 February 4, 2015 Bill 10: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Adds the Public Works Mauna Kea Visitor Information Station Access Road and Parking - Private project for $55,000 to the Capital Budget. Funds for the project shall be provided from Private Contributions. Funds would be used to resurface the parking lot, pave a diagonal parking shoulder, install speed humps, and install lane and traffic-calming markings. Reference: Comm. 45 Intr. by: Ms. Eoff First Reading: January 23, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Bill 11: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Adds the Public Works Mass Transit Maintenance and Baseyard Facility - project for $10 million to the Capital Budget. Funds for the project shall be provided from Federal Grants Receivable ($4 million) and General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($6 million). Funds would be used to design and construct a new baseyard and administrative facility for the Mass Transit Agency. Reference: Comm. 46 Intr. by: Ms. Eoff First Reading: January 23, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter (Vote on Bill 11 continues on the next page.) Page 13 Hawai‘i County Council-5 February 4, 2015 PASSED 2 ND AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Bill 12: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Establishes the following program appropriations to the Capital Budget: North Kona Engineering Projects ($13,847.15); Roadway Projects (Engineering) ($2,879,576.15); Bridge Inspection, Repair, and Replacement Program ($10,588.21); Americans with Disabilities Act Curb Cut & Accessible Route Program ($370,644.65); Local Road Improvement – North Hilo ($109,019.82); and Local Road Improvement - North Kona ($2,112.65), for a total of $3,385,788.63. Funds for the program appropriations shall be provided from the lapsed Fuel Tax Increase funds in the Capital Projects Fund ($3,385,788.63). Exhibit A, attached to the bill, lists the specific projects in each category. Reference: Comm. 47 Intr. by: Ms. Eoff First Reading: January 23, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Page 14 Hawai‘i County Council-5 February 4, 2015 Bill 13: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Fund Balance From Previous Year - Reserve account ($54,000.40); and appropriates the same to the Transfer to Capital Projects Fund - Highway account. These fiscal year 2013-2014 excess fuel tax revenues would be expended by the Public Works Department. Reference: Comm. 48 Intr. by: Ms. Eoff First Reading: January 23, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Bill 14: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-257, SCHEDULE 5 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO 35 MILE PER HOUR SPEED LIMIT Adds a portion of Wright Road to Subsection (g), Puna. Reference: Comm. 50 Intr. by: Ms. Poindexter First Reading: January 23, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. Page 15 Hawai‘i County Council-5 February 4, 2015 Bill 19: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the State Grants – Little Fire Ant (LFA) Control – Hawai‘i Tourism Authority (HTA) account ($50,000); and appropriates the same to the LFA Control – HTA account. Funds would be used to hire up to three staff members and to provide them with equipment and necessities such as bait for the LFA Control Program. Reference: Comm. 68 Intr. by: Ms. Eoff First Reading: January 23, 2015 ND PASSED 2 AND FINAL READING: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha – 8. NOES: None. ABSENT: Council Member Wille – 1. EXCUSED: None. REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 9.1: SPECIAL COUNSEL REQUEST FOR APPEAL OF HAWAIʻI FLORICULTURE AND NURSERY ASSOCIATION, ET AL. VS. COUNTY OF HAWAI‘I; CIVIL NO. 14-00267 BMK (FEDERAL DISTRICT COURT OF THE DISTRICT OF HAWAIʻI) TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, CASE NO. 14-17538 From Deputy Corporation Counsel Katherine A. Garson, dated January 15, 2015, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a request for special counsel with approval of payment of costs not to exceed $10,000. APPROVED REQUEST TO HIRE SPECIAL COUNSEL: AYES: Council Members Chung, David, Eoff, Poindexter, Wille, and Chair Kanuha – 6. NOES: Council Members Ilagan, Onishi, and Paleka – 3. ABSENT: None. EXCUSED: None. Page 16 Hawai‘i County Council-5 February 4, 2015 Comm. 80: CLAIM REGARDING MAKANA FERNANDEZ (MINOR) From Deputy Corporation Counsel Christopher P. Schlueter, dated January 14, 2015, requesting an attorney-client confidential discussion to consult with the Council on a personal injury incident occurring on January 2, 2013. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. NOES: None. ABSENT: None. EXCUSED: None. The Council anticipates convening executive meetings 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 Rule Nos. 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:8:47 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 February 2, 2015 accommodations for this meeting should call 961-8255 by . Relay users please call 711(961-8255) to contact our office. Public attendance via videoconference is available at the following locations until 4:30 p.m. or later in the event public testimony has not been completed:  Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A; and  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5. Public attendance via videoconference is also available at the following locations until public testimony has been completed:  County Facility (former Bank of Hawai‘i Building), 54-3888 Akoni Pule Highway, Kohala;  Hawaiian Ocean View Estates Community Center, 92-8924 Leilani Circle; and  Pāhoa Neighborhood Facility, 15-2710 Kauhale Street. Page 17 Hawai‘i County Council-5 February 4, 2015 If for technical or other unanticipated circumstances the video and/or audio connection cannot be made or is disrupted, the scheduled meeting will continue. Live stream of County Council Meetings: Council meetings are available for live viewing. Click on Council Meetings on the County’s homepage at http://www.hawaiicounty.gov. 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. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14)before 12:00 noon on copies for distribution. Public testimony may also be submitted the business 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@hawaiicounty.gov. 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). Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, February 11 (to follow the viewing of the January 23, 2015, meeting scheduled to start at 6 p.m.) and February 18, 2015, at 6 p.m.; Fridays, February 13 and 20, 2015, at 12 p.m.; and Sundays, February 15 and 22, 2015, 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-55/.) UPCOMING MEETINGS TUESDAY, FEBRUARY 17, 2015 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, FEBRUARY 18, 2015 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 18 Hawai‘i County Council-5 February 4, 2015 TUESDAY, MARCH 3, 2015 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, MARCH 4, 2015 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 19