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Home My WebLink AboutAGE COUNCIL 2020-09-16 2018-2020 Hawaii County Clerk 09/10/2020 10:28:44 AM AARON S.Y.CHUNG tY OF p MAILE MEDEIROS DAVID oN.• �`� Chair&Presiding Officer MATT KANEALI`I-KLEINFELDER�?•'��;"'� •••�,� ASHLEY L.KIERKIEWICZ KAREN EOFF +: c Vice Chair SUSAN L.K.LEE LOY o=— VALERIE T.POINDEXTER OF NF' HERBERT M."TIM"RICHARDS,III REBECCA VILLEGAS COUNTY COUNCIL County of Hawaii Hawai'i County Building 25 Aupuni Street Hilo, Hawaii 96720 51St Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii September 16, 2020 9:00 a.m. 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 to testify, please emailJeanette.Aiello(a�hawaiicountgov or call (808) 961-8255 no later than 12:00 noon on Tuesday, September 15, 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 Senior Pastor Sunny Alm of Kona United Methodist Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Hawai'i County is an Equal Opportunity Provider and Employer Hawaii County Clerk 09/10/2020 10:28:44 AM Hawaii County Council-51 September 16,2020 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 June 4, 2020 August 5, 2020 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 715-20: AUTHORIZES THE GRANT OF EASEMENT FOR UTILITY PURPOSES AT KOHOLALELE, DISTRICT OF HAMAKUA, COUNTY AND STATE OF HAWAII, TAX MAP KEYS: 4-2-005:001 (POR.), AND 4-2-005:005 (POR.) TO HAWAII ELECTRIC LIGHT COMPANY, INC. The Hawaii Electric Light Company seeks to increase its interest from a Revocable Rights of Entry Agreement to a grant of easement in exchange for a payment of$26,300 to continue maintenance of the utility poles and lines providing service to its customers. Reference: Comm. 1042 Intr. by: Ms. David (B/R) Approve: FC-134 Res. 716-20: URGES THE MAYOR'S OFFICE TO AUTHORIZE GOOGLE AND/OR APPLE TO RELEASE SUSTAIN HAWAII'S "SAFE TRAVELS CONTACT TRACING APPLICATION" FOR VOLUNTARY USE BY COUNTY CONSTITUENTS TO AUGMENT EXISTING SAFETY PROTOCOLS CURRENTLY IN PLACE IN THE STATE OF HAWAII IN RESPONSE TO THE COVID-19 PANDEMIC Seeks to increase access to contact tracing and testing in response to Hawai`i's recent COVID-19 spike. Reference: Comm. 1050 Intr. by: Mr. Kaneali`i-Kleinfelder Approve: PSC-15 Page 2 Hawaii County Clerk 09/10/2020 10:28:44 AM Hawaii County Council-51 September 16,2020 Res. 717-20: RESCINDS AND CANCELS RESOLUTION NO. 281-14 (DRAFT 2) AND AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTIONS 201H-38 AND 46-15.1 OF THE HAWAII REVISED STATUTES, FOR KUAKINI SENIOR LIVING IN NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:005 Kuakini Highway 75-6099 Corp. seeks exemptions from certain conditions of approval in Ordinance 06-78 and County Code requirements to facilitate development of an assisted living and senior housing and care campus to accommodate approximately 250 residents. Reference: Comm. 1051 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-54 Res. 718-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE KONA TASK FORCE ON FEEDING THE HUNGRY TO DISTRIBUTE FRESH PRODUCE IN KONA TO THOSE IN NEED DURING THE COVID-19 PANDEMIC Transfers $7,500 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1052 Intr. by: Ms. Eoff Res. 719-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE KONA TASK FORCE ON FEEDING THE HUNGRY TO PROVIDE FRESH PRODUCE IN KONA TO THOSE IN NEED DURING THE COVID-19 PANDEMIC Transfers $7,500 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1053 Intr. by: Ms. Villegas Page 3 Hawaii County Clerk 09/10/2020 10:28:44 AM Hawaii County Council-51 September 16,2020 Res. 720-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL DISTRICT 8 Transfers $2,500 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1054 Intr. by: Ms. Eoff Res. 721-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL DISTRICT 7 Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1055 Intr. by: Ms. Villegas Res. 726-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL TO PURCHASE CITRIC ACID TO HELP CONTROL COQUI FROGS IN COUNCIL DISTRICT 2 Transfers $1,540 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1066 Intr. by: Mr. Chung Page 4 Hawaii County Clerk 09/10/2020 10:28:44 AM Hawaii County Council-51 September 16,2020 Res. 727-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL THE COQUI FROG INFESTATION IN COUNCIL DISTRICT 6 Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1067 Intr. by: Ms. David Res. 728-20: 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 FOR THE COUNTY OF HAWAII OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year lease agreement with Milo Storage LLC, for approximately 3,328 square feet of warehouse space to be used by the Office of the Prosecuting Attorney. Reference: Comm. 1068 Intr. by: Ms. David (B/R) Waived: FC Res. 729-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE EXPLORATION FOUNDATION TO PURCHASE CHROMEBOOKS FOR STUDENTS AT THE WEST HAWAII EXPLORATIONS ACADEMY Transfers $3,500 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1070 Intr. by: Ms. Eoff Page 5 Hawaii County Clerk 09/10/2020 10:28:44 AM Hawaii County Council-51 September 16,2020 Res. 730-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE EXPLORATION FOUNDATION TO PURCHASE CHROMEBOOKS FOR STUDENTS AT THE WEST HAWAII EXPLORATIONS ACADEMY Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1071 Intr. by: Ms. Villegas Res. 731-20: AUTHORIZES THE CONTINUED EMPLOYMENT OF LEONG KUNIHIRO BENTON& BROOKE AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, DEPARTMENT OF HUMAN RESOURCES, HEALTH & SAFETY DIVISION, WORKERS' COMPENSATION BRANCH Authorizes the continued retention of Leong Kunihiro Benton & Brooke at an amount not to exceed the total sum of$550,000. Reference: Comm. 1072 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter BILLS FOR ORDINANCES (FIRST READING) Bill 194: 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 Federal Grants—Sex Assault Nurse Coordinator account($28,337); and appropriates the same to the Sex Assault Nurse Coordinator account, for a total appropriation of$83,337. Funds would be used for medical and forensic services for victims of sexual assault. Reference: Comm. 1064 Intr. by: Ms. David (B/R) Waived: FC Page 6 Hawaii County Clerk 09/10/2020 10:28:44 AM Hawaii County Council-51 September 16,2020 Bill 195: 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 Increases the Public Works Fire/Police Dispatch project by $13.8 million. Additional funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources, for a total appropriation of$46 million, to be used for communication equipment and other miscellaneous allowances. Reference: Comm. 1065 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 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 183: AMENDS ORDINANCE NO. 10-19 WHICH RECLASSIFIED LANDS FROM (Draft 2) AGRICULTURAL— 1 ACRE (A-Ia) 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. 1024.2 Intr. by: Ms. Kierkiewicz (B/R) First Reading: September 2, 2020 Page 7 Hawaii County Clerk 09/10/2020 10:28:44 AM Hawaii County Council-51 September 16,2020 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 First Reading: September 2, 2020 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) First Reading: September 2, 2020 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) First Reading: September 2, 2020 Page 8 Hawaii County Clerk 09/10/2020 10:28:44 AM Hawaii County Council-51 September 16,2020 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) First Reading: September 2, 2020 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) First Reading: September 2, 2020 Page 9 Hawaii County Clerk 09/10/2020 10:28:44 AM Hawaii County Council-51 September 16,2020 REPORTS REFERRALS FOR EXECUTIVE SESSION Res. 722-20: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, BOARD OF ETHICS IN PETITION NO. 2020-05 Finds that a conflict of interest would exist for the Corporation Counsel to advise the Board of Ethics and provides for the retention of legal services by the County of Maui Office of the Corporation Counsel, with total costs not to exceed $1,000. Reference: Comm. 1056 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter 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 ADJOURNMENT 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 September 14, 2020. If a response is received after September 14, 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. Page 10 Hawaii County Clerk 09/10/2020 10:28:44 AM Hawaii County Council-51 September 16,2020 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 11