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Home My WebLink AboutAGE COUNCIL 2020-08-19 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 49'h Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii August 19, 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 Pastor Makana Delovio of New Hope Legacy CALL TO ORDER 9:02 a.m. ROLL CALL PLEDGE OF ALLEGIANCE Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Council-49 August 19,2020 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 May 21, 2020 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. July 8, 2020 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. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 692-20: ADOPTS AND SUPPORTS THE `AINA ALOHA ECONOMIC FUTURES INITIATIVE FOR THE COUNTY OF HAWAII Seeks to adopt this initiative as a guiding principle, and encourages widespread use of the four-step process by individuals, businesses, and organizations throughout the State. Reference: Comm. 1011 Intr. by: Ms. Kierkiewicz and Ms. Lee Loy Approve: GREDC-6 (Vote on Res. 692-20 is on the next page.) Page 2 Hawaii County Council-49 August 19,2020 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Poindexter—2. Excused: None. Res. 693-20: ACCEPTS THE DEDICATION OF ROADWAY LOT A (KUKUINUI PLACE), IDENTIFIED AS TAX MAP KEY: 7-3-028:115, SITUATED ON THE WESTERLY END OF KUKUINUI PLACE BEING ALSO APPROXIMATELY 240 FEET WESTERLY OF HOLOHOLO STREET AT KALAOA 4TH, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM RS 10 KALAOA, LLC, A HAWAII LIMITED LIABILITY COMPANY The landholder seeks to dedicate the roadways and all improvements for public roadway purposes. Reference: Comm. 1012 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-24 ADOPTED: 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. Res. 698-20: CREATES TWO NEW CULTURAL TECHNICIAN POSITIONS FOR THE DEPARTMENT OF PARKS & RECREATION Establishes one full-time and one half-time position to provide natural, cultural, and historical interpretive information of Waipi`o Valley and monitor vehicles accessing the road. Reference: Comm. 1017 Intr. by: Ms. David (B/R) Approve: FC-129 (Vote on Res. 698-20 is on the next page.) Page 3 Hawaii County Council-49 August 19,2020 ADOPTED: 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. Res. 699-20: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COLOR COPY MACHINE FOR THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$112.50. The County would own the equipment at the end of the lease. Reference: Comm. 1018 Intr. by: Ms. David (B/R) Approve: FC-130 ADOPTED: 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. Res. 703-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KIK KA`EAIKAHELELANI, INC., FOR ITS COMMUNITY SERVICE PROJECT FEED KONA 2020 Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1025 Intr. by: Ms. David (Vote on Res. 703-20 is on the next page.) Page 4 Hawaii County Council-49 August 19,2020 ADOPTED: 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. Res. 707-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF THE ATTORNEY GENERAL, CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII POLICE DEPARTMENT Allows for the receipt of$50,000 of Federally-derived funds for infrastructure upgrades and equipment in response to the COVID-19 pandemic. Reference: Comm. 1031 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: 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. Res. 708-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF THE ATTORNEY GENERAL, CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII POLICE DEPARTMENT Allows for the receipt of$30,204 of Federally-derived funds to test firearms recovered by the Hawaii Police Department. Reference: Comm. 1032 Intr. by: Ms. David (B/R) Waived: FC (Vote on Res. 708-20 is on the next page.) Page 5 Hawaii County Council-49 August 19,2020 ADOPTED: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Poindexter—2. Excused: None. Res. 709-20: URGES THE ADMINISTRATION TO IMMEDIATELY INSTITUTE A TEMPORARY FREEZE ON ALL NEW HIRES, INCLUDING RECRUITMENTS OF CURRENTLY VACANT POSITIONS, WITH THE EXCEPTION OF OFFICER POSITIONS IN THE PUBLIC SAFETY SECTOR AND THOSE POSITIONS DIRECTLY INVOLVED IN THE OPERATIONS OF CRITICAL INFRASTRUCTURE WORK WITH THE DEPARTMENT OF WATER SUPPLY AND THE WASTEWATER AND SOLID WASTE DIVISIONS OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Reference: Comm. 1034 Intr. by: Mr. Chung Waived: FC ADOPTED: 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. Page 6 Hawaii County Council-49 August 19,2020 BILLS FOR ORDINANCES (FIRST READING) Bill 182: AMENDS ORDINANCE NO. 09-159 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—5 ACRES (A-5A) TO MULTIPLE FAMILY RESIDENTIAL—30,000 SQUARE FEET (RM-30) AT KEAUHOU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-8-010:101 (Applicant: Kona Country Club, Inc.) (Area: 51.058 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment, which would allow a five-year time extension to Condition D (Time to Complete Construction). The applicant plans to develop 29 single-family dwellings, including a recreation center. The property is located mauka of the Mamalahoa Highway Bypass, between the highway and the Kona Country Club mauka golf course. Reference: Comm. 1019 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-51 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. Bill 184: 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 Hawaii Island COVID-19 Response account ($50,000); and appropriates the same to the Hawaii Island COVID-19 Response account for infrastructure upgrades and equipment for the Hawaii Police Department in response to the COVID-19 pandemic. Reference: Comm. 1031 Intr. by: Ms. David (B/R) Waived: FC PASSED IST READING: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Poindexter—2. Excused: None. Page 7 Hawaii County Council-49 August 19,2020 Bill 185: 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 Project Safe Neighborhoods Grant account ($30,204); and appropriates the same to the Project Safe Neighborhoods Grant account to test firearms recovered by the Hawaii Police Department. Reference: Comm. 1032 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. Bill 186: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Adds the Public Works Lako Street Extension to Alii Drive project for $1 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources. Reference: Comm. 1033 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter PASSED IST READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Richards —2. Excused: None. Page 8 Hawaii County Council-49 August 19,2020 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 150: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE-FAMILY RESIDENTIAL— 1,500 SQUARE FEET (RM-1.5) TO SINGLE FAMILY RESIDENTIAL—7,500 SQUARE FEET (RS-7.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-028:009 (Planning Director Initiated) (Area: 3.292 Acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone. The Planning Director recommends returning the parcel to its original designation to create an appropriate land use pattern for the area. The property is located at 364 Hualalai Street, east of the Hale Nani Street-Hualalai Street intersection. Reference: Comm. 798 Intr. by: Ms. Kierkiewicz (B/R) First Reading: August 5, 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. Page 9 Hawaii County Council-49 August 19,2020 Bill 180: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL—20,000 SQUARE FEET (CG-20) AT WAIAKEA HOUSELOTS 2ND, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-021:008 (Applicant: Ted Tran/Tran-Tonnu Family Trust) (Area: 20,812 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to develop a 9,500 square-foot warehouse building with three 720 square-foot food stalls and a 17-stall parking lot. The property is located at 78 Lanihuli Street, approximately 150 feet northeast of its intersection with Kino`ole Street. Reference: Comm. 990 Intr. by: Ms. Kierkiewicz (B/R) First Reading: August 5, 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 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. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 10:02 a.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. Page 10 Hawaii County Council-49 August 19,2020 If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by August 17, 2020. If a response is received after August 17, 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). Page 11