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Home My WebLink AboutAGE COUNCIL 2020-09-02 2018-2020AARON S. Y. CHUNG Chair & Presiding Officer tv oc p N KAREN EOFF +: c Vice Chair �f •� Ni MO i•�\\ 7>f OF •M�'� 50'h Session COUNTY COUNCIL County of Hawaii Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii September 2, 2020 9:00 a.m. Hawaii County Clerk 08/27/2020 12:41:40 PM MAILE MEDEIROS DAVID MATT KANEALI`I-KLEINFELDER ASHLEY L. KIERKIEWICZ SUSAN L. K. LEE LOY VALERIE T. POINDEXTER HERBERT M. "TIM" RICHARDS, III REBECCA VILLEGAS Pursuant to Governor Ige's most recent proclamation, in order to minimize physical contact and maximize social distancing, these meetings will not be open to the public. Oral Public Testimony: The public may provide oral testimony via WebEx. To register for access to the meeting, please email Jeanette Aiello at Ieanette.aiello(a�hawaiicount �gov or call (808) 961-8255 no later than 12:00 noon on Tuesday, September 1, 2020. Live stream of County Council Meetings: Council meetings are available for live viewing. Click on Council Meetings on the County's homepage at hiip://www.hawaiicouniy.gov. INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Kahu Charlie Kama of Hale Pule Ke Ola Hou Hawai `i County is an Equal Opportunity Provider and Employer Hawaii County Council -50 Hawai'i County Clerk 08/27/2020 12:41:40 PM September 2, 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 13, 2020 August 19, 2020 COMMUNICATIONS Comm. 1043: DONATION OF 97 KN95 PROTECTIVE MASKS From Finance Director Deanna Sako, dated August 13, 2020, requesting the Council's approval to accept a donation valued at approximately $195 to be used by the Department of Public Works and the Planning Department. Waived: FC ORDER OF RESOLUTIONS Res. 701-20: ACCEPTS THE DEDICATION OF ROADWAY LOTS A-1, A-2, AND A-3, IDENTIFIED AS TAX MAP KEYS: 4-5-011:042, 4-5-011:043, AND 4-5-011:044, SITUATED AT NAMOKU, DISTRICT OF HAMAKUA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM WOO FAMILY LIMITED PARTNERSHIP, A HAWAII LIMITED PARTNERSHIP The landholder seeks to dedicate the roadways and all improvements for public roadway purposes. Reference: Comm. 1022 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-25 Res. 702-20: ACCEPTS THE DEDICATION OF ROADWAY LOTS A, B AND C FOR KONA VISTA SUBDIVISION, UNIT 4, BEING COLLECTIVELY TAX MAP KEY: 7-6-027:105, SITUATED AT HOLUALOA 1 AND 2, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII FROM KV3, LLC, A HAWAII LIMITED LIABILITY COMPANY The landholder seeks to dedicate the roadways and all improvements for public roadway purposes. Reference: Comm. 1023 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-26 Page 2 Hawai'i County Clerk 08/27/2020 12:41:40 PM Hawaii County Council -50 September 2, 2020 Res. 704-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES GEOLOGICAL SURVEY Funds in the amount of $48,336 would be used to continue the cooperative flood -monitoring program, which consists of the planning and designing of flood management systems such as bridges, culverts, and levees. Reference: Comm. 1028 Intr. by: Ms. David (B/R) Approve: FC -131 Res. 705-20: AUTHORIZES THE SUBMITTAL OF A THIRD FINANCIAL ASSISTANCE APPLICATION TO THE BUREAU OF RECLAMATION FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF THE EXPANSION OF THE KEALAKEHE RECYCLED WATER TREATMENT AND DISTRIBUTION SYSTEM, AND AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE BUREAU OF RECLAMATION TO ACCEPT FUNDS FOR THE EXPANSION These additional funds will be used to continue the design phase for the Kealakehe Wastewater Treatment Plant R-1 Upgrade project. Reference: Comm. 1029 Intr. by: Ms. David (B/R) Approve: FC -132 Res. 706-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A MULTI- YEAR AGREEMENT WITH THE OFFICE OF THE AUDITOR, STATE OF HAWAII The Department of Finance wishes to enter into a three-year agreement with the Office of the Auditor to conduct an audit of the schedule changes in fiduciary net position by employer and related notes to the schedule of the Hawaii Employer - Union Health Benefits Trust Fund, and examination report on census data for the fiscal years ending June 30, 2020, 2021, and 2022 in order to meet reporting requirements under Governmental Accounting Standards Board Statement No. 75, "Accounting and Financial Reporting for Postemployment Benefits Other than Pensions." Reference: Comm. 1030 Intr. by: Ms. David (B/R) Approve: FC -133 Page 3 Hawai'i County Clerk 08/27/2020 12:41:40 PM Hawaii County Council -50 September 2, 2020 Res. 711-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU`U HO`OMAHA O NA PO`E KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $2,000 from the Clerk -Council Services — Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1036 Intr. by: Ms. David Res. 712-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU`U HO`OMAHA O NA PO`E KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $4,000 from the Clerk -Council Services — Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1037 Intr. by: Ms. Eoff Res. 713-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU`U HO`OMAHA O NA PO`E KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,000 from the Clerk -Council Services — Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1038 Intr. by: Ms. Villegas Page 4 Hawaii County Council -50 Hawai'i County Clerk 08/27/2020 12:41:40 PM September 2, 2020 Res. 714-20: SUPPORTS AMICI CURIAE NATIONAL RESOURCES DEFENSE COUNCIL, ET AL.'S, AMICUS BRIEF FILED IN CASE NO. 20-1025 (LEAD) AND CASE NO. 20-1138 (CONSOLIDATED) ENTITLED: ENVIRONMENTAL HEALTH TRUST, ET AL., AND CHILDREN'S HEALTH DEFENSE, ET AL., PETITIONERS, VS. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS, IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Supports the Federal Communication Commission's updated safety regulations and procedures used to test levels of exposure to radiofrequency and electromagnetic fields emitted from wireless devices and equipment. Reference Intr. by: Waived: BILLS FOR ORDINANCES (FIRST READING) Comm. 1041 Ms. David and Mr. Kaneali `i-Kleinfelder GREDC Bill 183: AMENDS ORDINANCE NO. 10-19 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 1 ACRE (A -la) TO NEIGHBORHOOD COMMERCIAL — 20,000 SQUARE FEET (CN -20) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:019. (Applicant: Brian Sugai) (Area: 43,560 Square Feet) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow a six-year time extension to Condition D (Time to Complete Construction). The applicant plans to develop an 8,900 square -foot, two-story office building, including one residential unit and a 36 -stall parking lot. The property is located adjacent to the Alenaio drainage channel on the east side of Komohana Street approximately 700 feet south of the Komohana Street-Ponahawai Street intersection. Reference: Comm. 1024 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC -53 Page 5 Hawaii County Council -50 Hawai'i County Clerk 08/27/2020 12:41:40 PM September 2, 2020 Bill 187: 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 Department of Transportation Hilo Bay Grant account ($25,000); and appropriates the same to the Hawaii Department of Transportation Hilo Bay Grant account to advance the Hilo Bay Watershed Study. Reference: Comm. 1044 Intr. by: Mr. Chung Waived: FC Bill 188: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Increases revenues in the State Grants — Department of Health — Tobacco Sting account ($16,000); and appropriates the same to the Department of Health — Tobacco Sting account, for a total appropriation of $32,000. Funds would be used to combat tobacco sales to minors. Reference: Comm. 1045 Intr. by: Ms. David (B/R) Waived: FC Bill 189: 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 Federal — Mainstream Voucher Administration — COVID 19 account ($2,560); and appropriates the same to the Mainstream Voucher Administration — COVID 19 account to prevent, prepare for, and respond to the COVID-19 pandemic. Reference: Comm. 1046 Intr. by: Ms. David (B/R) Waived: FC Page 6 Hawai'i County Clerk 08/27/2020 12:41:40 PM Hawaii County Council -50 September 2, 2020 Bill 190: 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 Federal — Housing Assistance Payments Administration — COVID 19 account ($535,756); and appropriates the same to the Housing Assistance Payments Administration — COVID 19 account to prevent, prepare for, and respond to the COVID-19 pandemic. Reference: Comm. 1047 Intr. by: Ms. David (B/R) Waived: FC Bill 191: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS AND NOTES; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; PROVIDES FOR THE RETIREMENT OF THE BONDS TO BE REFUNDED; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE REFUNDING BONDS AND THE RETIREMENT OF THE BONDS TO BE REFUNDED Authorizes the issuance of up to $356,975,000 in general obligation refunding bonds to refinance bonds issued at higher interest rates. Reference: Comm. 1048 Intr. by: Ms. David (B/R) Waived: FC Page 7 Hawai'i County Clerk 08/27/2020 12:41:40 PM Hawaii County Council -50 September 2, 2020 ORDER OF THE DAY (SECOND OR FINAL 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) First Reading: August 19, 2020 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) First Reading: 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) First Reading: August 19, 2020 Page 8 Hawai'i County Clerk 08/27/2020 12:41:40 PM Hawaii County Council -50 September 2, 2020 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) First Reading: August 19, 2020 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter REPORTS PC -52 APPOINTMENT OF BARBARA DEFRANCO TO THE LEEWARD (Comm. 1027): PLANNING COMMISSION Requires Council Confirmation by: REFERRALS FOR EXECUTIVE SESSION September 13, 2020 (Section 134(1), Hawai `i County Charter) Comm. 1039: GLEN BALDADO V. PHOENIX V LLC, ET AL., CIVIL NO. 3CC181000221 From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated August 3, 2020, requesting an attorney-client confidential discussion to consult with the Council regarding the above -entitled matter, including settlement discussion. 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 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 Page 9 Hawaii County Council -50 ADJOURNMENT Hawaii County Clerk 08/27/2020 12:41:40 PM September 2, 2020 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. If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by August 31, 2020. If a response is received after August 31, 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 Kona Council Chambers, West Hawaii Civic Center, Building A. The full text of the agendas are made available on the County website at www.hawaiicounly.gov. 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 counciltestimonyCa�hawaiicouno�.gov, (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 videotestimony a�,hawaiicouno�.gov 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 10