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Home My WebLink AboutAGE COUNCIL 2020-10-07 2018-2020 ACTIONS AARON S. Y. CHUNG MAILE MEDEIROS DAVID Chair & Presiding Officer MATT KANEALIʻI-KLEINFELDER ASHLEY L. KIERKIEWICZ KAREN EOFF SUSAN L. K. LEE LOY Vice Chair 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 nd 52 Session ORDER OF BUSINESS Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i October 7, 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 email Jeanette.Aiello@hawaiicounty.gov or call (808) 961-8255 no later than 12:00 noon on Tuesday, October 6, 2020. 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 counciltestimony@hawaiicounty.gov, (2) facsimile to (808) 961-8912; or (3) mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 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. 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. Hawai‘i County is an Equal Opportunity Provider and Employer Hawai‘i County Council-52 October 7, 2020 INVOCATION Pastor Dion K. Maeda of Connect Point Church CALL TO ORDER 9:01 a.m. ROLL CALL PLEDGE OF ALLEGIANCE 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) July 22, 2020 APPROVAL OF MINUTES APPROVED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Richards – 1. Excused: None. September 2, 2020 APPROVED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Richards – 1. Excused: None. September 16, 2020 APPROVED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Richards – 1. Excused: None. Page 2 Hawai‘i County Council-52 October 7, 2020 COMMUNICATIONS Comm. 1081: APPOINTMENT OF WALTER LUCAS AND CAROL ANN MARUMOTO TO THE PENSION BOARD From Mayor Harry Kim, dated September 18, 2020, submitting for the Council’s review and confirmation. Waived: FC Requires Council Confirmation by: November 1, 2020 (Section 13-4(l), Hawaiʻi County Charter) CONFIRMED THE APPOINTMENT OF WALTER LUCAS: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Richards – 1. Excused: None. CONFIRMED THE APPOINTMENT OF CAROL ANN MARUMOTO: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Richards – 1. Excused: None. ORDER OF RESOLUTIONS Res. 723-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Allows for the receipt of $978,184 of Federally-derived funds to be used by the Office of Housing and Community Development to prevent, prepare for, and respond to the COVID-19 pandemic. Reference: Comm. 1061 Intr. by: Ms. David (B/R) Approve: FC-135 ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Richards – 1. Excused: None. Page 3 Hawai‘i County Council-52 October 7, 2020 Res. 724-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I’S HAWAI‘I NATURAL ENERGY INSTITUTE FOR THE ACCEPTANCE OF A DONATION OF A HYDROGEN BUS Accepts a 2014 Eldorado 29-passenger Aero Elite bus with an approximate value of $500,000 to add to the Mass Transit Agency’s transportation fleet. Reference: Comm. 1062 Intr. by: Ms. David (B/R) Approve: FC-136 ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Res. 725-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I’S HAWAI‘I NATURAL ENERGY INSTITUTE FOR THE MASS TRANSIT AGENCY HYDROGEN BUS PROJECT Establishes a two-year agreement to operate and maintain three zero-emission buses in Kailua-Kona. Reference: Comm. 1063 Intr. by: Ms. David (B/R) Approve: FC-137 ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Page 4 Hawai‘i County Council-52 October 7, 2020 Res. 740-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF APPROXIMATELY ONE MILLION SINGLE-USE MEDICAL MASKS FROM THE UNIVERSITY OF CALIFORNIA AT SAN FRANCISCO TO THE CIVIL DEFENSE AGENCY The masks, with an estimated value of approximately $1.9 million, would be distributed to the public at COVID-19 testing sites and other venues. Reference: Comm. 1090 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Res. 741-20: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF A PORTION OF TAX MAP KEY: 9-6-002:018, SITUATED AT PUNALU‘U-PĀ‘AU‘AU, DISTRICT OF KA‘Ū, COUNTY AND STATE OF HAWAI‘I, FOR THE PĀHALA WASTEWATER TREATMENT PLANT A portion of the approximately 14.9-acre property is desired by the County for temporary easements for construction and operations, and for storage and disposal areas. Reference: Comm. 1091 Intr. by: Ms. David (B/R) Waived: FC Note: First of two required readings, Section 101-13, Hawai‘i Revised Statutes ST PASSED 1 OF TWO REQUIRED READINGS: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. (Note: Ms. Kierkiewicz and Ms. Lee Loy voted “kānalua” then “aye.”) Page 5 Hawai‘i County Council-52 October 7, 2020 Res. 742-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I, DEPARTMENT OF HEALTH, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Allows for the receipt of $26,000 to be used towards the 2020 Fall Hawai‘i County Food Access Virtual Summit and 2021 Hawai‘i County Food Access Summit projects. Reference: Comm. 1092 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Res. 743-20: AUTHORIZES THE PLANNING DEPARTMENT TO AWARD FUNDS TO VARIOUS NONPROFIT ORGANIZATIONS THROUGH THE KĪLAUEA RECOVERY GRANT PROGRAM Awards $3,624,374 in grants to provide disaster relief, recovery, mitigation, or remediation assistance for physical damages or losses caused by the 2018 Kīlauea eruption. Reference: Comm. 1093 Intr. by: Ms. Kierkiewicz Waived: FC ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Page 6 Hawai‘i County Council-52 October 7, 2020 Res. 744-20: AUTHORIZES THE OFFICE OF THE PROSECUTING ATTORNEY TO AWARD FUNDS TO CHILD AND FAMILY SUPPORT SERVICES Awards a $40,000 grant to provide shelter and support services to victims of domestic violence. Reference: Comm. 1094 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Res. 745-20: AUTHORIZES THE OFFICE OF THE PROSECUTING ATTORNEY TO AWARD FUNDS TO THE YWCA Awards a $50,000 grant to provide Sexual Assault Nurse Examiner exams and therapeutic support to victims of sexual assault. Reference: Comm. 1095 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Page 7 Hawai‘i County Council-52 October 7, 2020 BILLS FOR ORDINANCES (FIRST READING) Bill 192: 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 Bridge Inspection & Appraisal - Federal project for $160,000 to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable. Reference: Comm. 1060 Intr. by: Ms. David (B/R) Approve: FC-138 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 David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Bill 193: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING (Draft 2) BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal – CDBG (Community Development Block Grant) COVID-19 account ($978,184); and appropriates the same to the following CDBG-CV2 accounts: Food Basket Emergency Food Distribution Equipment Acquisition ($223,500); Boys & Girls Club of Big Island – Mobile Youth Outreach Services ($376,000); Na Kahua Hale O Ulu Wini – Laundry & Utility Improvements ($175,000); Project Vision Hawaiʻi – Mobile Health & Hygiene Service ($110,000); and CDBG-CV Administration ($93,684). Funds would be used to prevent, prepare for, and respond to the COVID-19 pandemic. Reference: Comm. 1061.2 Intr. by: Ms. David (B/R) Approve: FC-139 ST PASSED 1 READING: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Page 8 Hawai‘i County Council-52 October 7, 2020 Bill 196: AMENDS CHAPTER 2, ARTICLE 4, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW SECTION RELATING TO FISCAL IMPACT STATEMENTS Allows for the Finance Director to initiate, or any Council Member to request from the Finance Director, a Fiscal Impact Statement for any Bill for an Ordinance, except for Bills that initiate an amendment to the Hawai’i County Charter or that establish the upcoming fiscal year operating budget or capital budget. Reference: Comm. 1059 Intr. by: Ms. Lee Loy Approve: FC-140 ST AMENDED TO DRAFT 2 AND PASSED 1 READING: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. ; and Comm. 1059.1: From Council Member Susan L. K. Lee Loy, dated September 24, 2020, transmitting a proposed amendment to Bill 196. Bill 206: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the State Grants – Hawai‘i County Food Access Summit Program account ($26,000); and appropriates the same to the Hawai‘i County Food Access Summit Program account for the 2020 Fall Hawai‘i County Food Access Virtual Summit and 2021 Hawai‘i County Food Access Summit projects. Reference: Comm. 1092 Intr. by: Ms. David (B/R) Waived: FC ST PASSED 1 READING: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Page 9 Hawai‘i County Council-52 October 7, 2020 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 194: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI 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) First Reading: September 16, 2020 ND PASSED 2 AND FINAL READING: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. 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) First Reading: September 16, 2020 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 David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Page 10 Hawai‘i County Council-52 October 7, 2020 REPORTS REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawaiʻi 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: 11:05 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. If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by October 5, 2020. If a response is received after October 5, 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 Hawai‘i Civic Center, Building A. The full text of the agendas are made available on the County website at www.hawaiicounty.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 Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestimony@hawaiicounty.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