HomeMy WebLinkAboutAGE COUNCIL 2020-07-22 2018-2020 ACTIONS AARON S. Y. CHUNG t.,OF p MAILE MEDEIROS DAVID
Chair&Presiding Officer o?IN �k+,, MATT KANEALI`I-KLEINFELDER
ASHLEY L.KIERKIEWICZ
KAREN EOFF +: c
Vice ChairSUSAN L.K.LEE LOY
VALERIE T.POINDEXTER
HERBERT M."TIM"RICHARDS,III
REBECCA VILLEGAS
COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
47'h Session
ORDER OF BUSINESS
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
July 22, 2020
9:00 a.m.
Public Testimony: Public Testimony will be taken during the meeting via videoconference from the
conference room across from the Hilo Council Chambers at 25 Aupuni St. (Hawai`i County Building),
and at the Kona Council Office Conference Room at West Hawaii Civic Center, 74-5044 Ane-
Keohokalole Highway, Building A. Testifiers will be required to wear a protective mask that covers
their mouth and nose, physically distance themselves from others, and sanitize their hands prior to
entering the testimony site.
INVOCATION Rabbi Levi Gerlitzky of Chabad Jewish Center
CALL TO ORDER 9:05 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
Hawai`i County is an Equal Opportunity Provider and Employer
Hawaii County Council-47 July 22,2020
PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF
CONDOLENCE
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
(NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR)
APPROVAL OF MINUTES April 22, 2020
APPROVED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Lee Loy, Poindexter, Richards, and Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Kierkiewicz and Villegas —2.
Excused: None.
May 6, 2020
APPROVED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Lee Loy, Poindexter, Richards, and Acting Chair Eoff—7.
Noes: None.
Absent: Council Members Kierkiewicz and Villegas —2.
Excused: None.
May 20, 2020
APPROVED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
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Hawaii County Council-47 July 22,2020
COMMUNICATIONS
Comm. 993: NOMINATION OF DIANE BLANCETT-MADDOCK AND
MICHAEL OKUMOTO TO THE REAL PROPERTY TAX BOARD OF REVIEW
From Mayor Harry Kim, dated June 30, 2020, submitting for the Council's review
and confirmation the above nominations.
Postponed: July 8, 2020
(The nomination of Diane Blancett-
Maddock was postponed.)
Waived: FC
Requires Council
Confirmation by: August 13, 2020 (Section 13-4(1),
Hawaii County Charter)
(Note: There is a motion by Ms. Villegas, seconded by Ms. Eoff, to approve Diane
Blancett-Maddock's nomination.)
CONFIRMED THE NOMINATION OF DIANE BLANCETT-MADDOCK:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
Comm. 1007: DONATION OF 300 CLOTH FACE COVERINGS
From Finance Director Deanna Sako, dated July 2, 2020, requesting the Council's
approval to accept a donation from Bridget Milligan valued at$600 to be used in
the fight against COVID-19.
Waived: FC
APPROVED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
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Hawaii County Council-47 July 22,2020
Comm. 1008: DONATION OF A FOGGING MACHINE
From Finance Director Deanna Sako, dated July 2, 2020, requesting the Council's
approval to accept a donation from Malama Property Services LLC valued at$200
to be used in the fight against COVID-19.
Waived: FC
APPROVED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
ORDER OF RESOLUTIONS
Res. 677-20: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF LAND AND
CONSERVATION EASEMENT FOR THE PROPERTY IDENTIFIED AS TAX
MAP KEYS 7-9-001; 013; 014; AND 015 IN THE AHUPUA`A OF KAUMOO,
DISTRICT OF SOUTH KONA KEAUHOU 1 AND 2, PURSUANT TO
CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2016 EDITION,
AS AMENDED)
The County seeks to acquire the properties in whole or conservation easements to
preserve rare Hawaiian dry forests, historic cultural sites, and protect native
endangered species. The parcels were listed as the second highest priority for
purchase in the 2019 Annual Report of the Public Access, Open Space, and Natural
Resources Preservation Commission.
Reference: Comm. 984
Intr. by: Ms. Villegas
Approve: FC-125
ADOPTED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-47 July 22,2020
Res. 678-20: CALLS UPON ALL TELECOMMUNICATIONS COMPANIES AND PUBLIC
UTILITIES OPERATING IN HAWAII COUNTY TO CEASE THE BUILDOUT
OF 5G WIRELESS INFRASTRUCTURE UNTIL SUCH TECHNOLOGIES
HAVE BEEN PROVEN THROUGH INDEPENDENT RESEARCH AND
TESTING TO BE SAFE TO HUMAN HEALTH AND THE ENVIRONMENT
Reference: Comm. 986
Intr. by: Mr. Kaneali`i-Kleinfelder
Approve: PC-48
ADOPTED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Villegas,
and Acting Chair Eoff—8.
Noes: Council Member Richards — 1.
Absent: None.
Excused: None.
Res. 682-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL LIMITED RIGHT-OF-ENTRY AGREEMENT WITH
THE HAWAII PUBLIC HOUSING AUTHORITY, STATE OF HAWAII,
PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO OBTAIN
ACCESS TO LANAKILA HOMES, TAX MAP KEY: 2-4-028:007, FOR THE
PURPOSE OF ROAD RESURFACING
Reference: Comm. 998
Intr. by: Ms. Lee Loy (B/R)
Waived: PWMTC
ADOPTED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-47 July 22,2020
Res. 685-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF
442 TOURNIQUETS WITH ACCESSORIES FROM THE SPIRIT OF THE BLUE
FOUNDATION TO THE COUNTY OF HAWAII POLICE DEPARTMENT
Reference: Comm. 1002
Intr. by: Ms. David (B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Res. 686-20: AUTHORIZES THE ACCEPTANCE OF A DONATION 300 BAGS OF RICE
FROM THE BUDDHIST TZU CHI FOUNDATION TO THE COUNTY OF
HAWAII DEPARTMENT OF PARKS AND RECREATION FOR ITS
EMERGENCY MEAL PROGRAM
Reference: Comm. 1003
Intr. by: Ms. David (B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
Res. 687-20: AUTHORIZES THE ACCEPTANCE OF 1,200 COLLAPSIBLE WATER NGS
FROM THE STATE OF HAWAII, HAWAII EMERGENCY MANAGEMENT
AGENCY FOR THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND
RECREATION
Reference: Comm. 1004
Intr. by: Ms. David (B/R)
Waived: FC
(Vote on Res. 687-20 is on the next page.)
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Hawaii County Council-47 July 22,2020
ADOPTED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
Res. 688-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF STAGHORN
FERNS FROM GENE MONNIER TO THE COUNTY OF HAWAII
DEPARTMENT OF PARKS AND RECREATION PANA`EWA RAINFOREST
ZOO AND GARDEN
Reference: Comm. 1005
Intr. by: Ms. David (B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
Res. 689-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF 40 GALLONS OF
HAND SANITIZER FROM KULEANA RUM WORKS TO THE COUNTY OF
HAWAII CIVIL DEFENSE AGENCY
Reference: Comm. 1006
Intr. by: Ms. David (B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-47 July 22,2020
Res. 690-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF 1,000 CLOTH FACE
COVERINGS FROM VIBRANT HAWAII TO THE COUNTY OF HAWAII
CIVIL DEFENSE AGENCY
Reference: Comm. 1009
Intr. by: Ms. David (B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
Res. 691-20: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR LEASE
AGREEMENT WITH PAPA`ALOA HOUSING INC. FOR THE
REHABILITATION OF THE PAPA`ALOA ELDERLY HOUSING PROJECT
LOCATED IN THE DISTRICT OF HAMAKUA, HAWAII, TAX MAP
KEY: 3-5-003:049
Authorizes the Mayor to enter into a multi-year lease agreement to rehabilitate and
maintain the existing rental housing apartment for senior citizens at a set lease rate
of$10 per year.
Reference: Comm. 1010
Intr. by: Ms. David (B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-47 July 22,2020
BILLS FOR ORDINANCES (FIRST READING)
Bill 178: AMENDS CHAPTER 19, ARTICLE 8, SECTION 19-59, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
NATIVE FOREST DEDICATIONS
Creates three native forest categories (native forests, functional forests, and
successional forests), and establishes a dedication process for forest preservation and
restoration.
Reference: Comm. 988
Intr. by: Ms. Poindexter
Approve: FC-126
PASSED IST READING:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-47 July 22,2020
Bill 179: ESTABLISHES A COUNTY CONSTRUCTION CODE RELATING TO
BUILDING CONSTRUCTION AND RELATED SYSTEMS WITHIN A
BUILDING UNDER CONSTRUCTION BY AMENDING THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), AS FOLLOWS:
1) ADOPTS NEW CHAPTERS 5 (CONSTRUCTION ADMINISTRATIVE
CODE), 5A (BUILDING CODE), 5D (ELECTRICAL CODE), 5E(ENERGY
CONSERVATION CODE), AND 5F (PLUMBING CODE);
2) AMENDS CHAPTER 2, SECTION 2-39; CHAPTER 3, SECTIONS 3-14
AND 3-15; AND CHAPTER 25, SECTIONS 25-1-5, 25-4-10, AND 25-4-60;
AND
3) REPEALING CHAPTERS 5 (BUILDING CODE), 9 (ELECTRICAL CODE),
AND 17 (PLUMBING CODE)
Establishes a new Construction Code for the County of Hawaii by: repealing
existing Chapter 5 (Building), Chapter 9 (Electricity), and Chapter 17 (Plumbing);
creating new chapters for installation provisions for Building, Electrical, Energy
Conservation, and Plumbing; and combining administrative provisions from
Chapter 5, Chapter 9, and Chapter 17 into a single, new chapter. The amendments
also include adoption of a new electrical code based on the 2017 National Electrical
Code and adoption of a new plumbing code based on the 2012 Uniform Plumbing
Code, adding a new appendix for tiny house building standards, and transitioning
the County from requiring separate construction permits to a single-permit system.
Reference: Comm. 989
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-23
AMENDED TO DRAFT 2 AND PASSED IST READING:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
; and
Comm. 989.5: From Council Member Susan L. K. Lee Loy, dated July 14, 2020, transmitting
proposed amendments to Bill 179 relating to air conditioning systems and
exemptions to the permit requirement for building work relating to repairs.
; and
Comm. 989.6: From Council Member Susan L. K. Lee Loy, dated July 14, 2020, transmitting
proposed amendments to Bill 179 by correcting a reference to the Uniform
Plumbing Code.
(Comms. 989.7 989.8 continue on the next page.)
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Hawaii County Council-47 July 22,2020
; and
Comm. 989.7: From Council Member Susan L. K. Lee Loy, dated July 14, 2020, transmitting
proposed amendments to Bill 179 relating to requirements for single-story and
two-story structures.
; and
Comm. 989.8: From Council Member Susan L. K. Lee Loy, dated July 14, 2020, transmitting
proposed amendments to Bill 179 relating to emergency work.
Bill 181: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING
JUNE 30, 2021
Appropriates revenues in the Recreation Miscellaneous Contributions account
($2,000); and appropriates the same to the United States Tennis Association
Facility Recovery Grant—Private account to be used toward cleaning and
sanitation expenses in preparation for the reopening of the Ho`olulu Complex
tennis courts.
Reference: Comm. 1001
Intr. by: Ms. David (B/R)
Waived: FC
PASSED IST READING:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
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Hawaii County Council-47 July 22,2020
ORDER OF THE DAY(SECOND OR FINAL READING)
Bill 177: DESIGNATES TAX MAP KEY: 6-7-002:063 AS THE"SPENCER KALANI
SCHUTTE DISTRICT PARK"PURSUANT TO CHAPTER 15, ARTICLE 8,
SECTION 15-67 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED); AMENDS SECTION 15-68.1 TO ADD THE"SPENCER KALANI
SCHUTTE DISTRICT PARK" TO THE PARKS AND RECREATIONAL
FACILITY SCHEDULE; AND AMENDS CHAPTER 14, ARTICLE 1,
SECTION 14-1, RELATING TO PROHIBITING THE POSSESSION OR
CONSUMPTION OF INTOXICATING LIQUORS AT ALL TIMES
Formally names the area currently known as the Waimea District Park, adds to the
facility schedule, and prohibits alcoholic beverages at all times.
Reference: Comm. 987
Intr. by: Mr. Richards
First Reading: July 8, 2020
PASSED 2ND AND FINAL READING:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
REPORTS
FC-124 AUTHORIZES THE ACCEPTANCE OF A DONATION OF 3,500 SURGICAL
(Comm. 983): MASKS TO THE COUNTY OF HAWAII
Donated by Director General Michael Tseng of the Tapei Economic and Cultural
Office in Honolulu, valued at$525, to be used in the fight against COVID-19.
APPROVED:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
REFERRALS FOR EXECUTIVE SESSION
A 2/3 vote pursuant to Hawaii 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.
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Hawaii County Council-47 July 22,2020
OTHER BUSINESS
(Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on
agenda items.)
ANNOUNCEMENTS
ADJOURNMENT: 6:26 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 parry. It does not necessarily signify
support of or opposition to the proposal.
If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as
possible, preferably by July 20, 2020. If a response is received after July 20, 2020, we will try to obtain
the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled.
Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.
Council Members will also be present at the Hilo Council Chambers, Hawaii County Building.
Live stream of County Council Meetings: Council meetings are available for live viewing. Click on
Council Meetings on the County's homepage at htT://www.hawaiicounty.gov.
The full text of the agendas are made available on the County website at www.hawai i county. ov. Click
on Council Records to navigate to current agendas. For copies of the agenda(s) or questions, please
contact Council Services at 961-8255.
Submitting Written Testimony: The Council encourages the public to submit thoughts, comments,
and input via written testimony. To ensure timely delivery to Council Members prior to the meeting,
written testimony must be submitted before 12:00 noon on the business day prior to the meeting
by: (1) email to counciltestiinon a,hawaiicountgov, (2) facsimile to (808) 961-8912; or(3) mail to
the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720. All written testimony,
regardless of time of receipt, will be made a part of the permanent record. Please submit separate
testimony for each item.
Submitting Video Testimony: Those submitting video testimony may email a complete web address
(url)to videotestiinon a,hawaiicountgov before 12:00 noon on the business day prior to the
meeting. The email 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
submittal. Each video submittal shall be limited to a single 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
content or that is not in compliance with Council Rule 13 (Public Statements and Testimony).
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