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Home My WebLink AboutAGE COUNCIL 2020-11-18 2018-2020 Hawaii County Clerk 11/12/2020 01:02:52 PM 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 56fl' Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii November 18, 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, November 17, 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 counciltestimonyJa�hawaiicountLgov, (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. Live stream of County Council Meetings: Council meetings are available for live viewing. Click on Council Meetings on the County's homepage at hitp://www.hawaiicouniy.gov. Hawai'i County is an Equal Opportunity Provider and Employer Hawaii County Clerk 11/12/2020 01:02:52 PM Hawaii County Council-56 November 18,2020 INVOCATION Dr. Robin Takahashi of New Hope Christian Fellowship CALL TO ORDER 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) APPROVAL OF MINUTES October 21, 2020 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 765-20: CHANGES THE FUNDING SOURCE OF ONE SENIOR ACCOUNT CLERK TEMPORARY POSITION A contract position currently funded by an agreement with the United States Department of Commerce, Economic Development Administration would be retained by the County's Public Works Department to assist with FEMA recordkeeping and reporting required to obtain disaster/emergency reimbursements. Reference: Comm. 1134 Intr. by: Ms. David (B/R) Approve: FC-156 Res. 766-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII Funds in the amount of$20,207 would be provided to the University of Hawaii for its Examining Korean Natural Farming in Anthuriums: A Systems Approach project. Funds would be used toward labor for data collection, analyses, travel to experiment sites, purchase of supplies, and publication costs. Reference: Comm. 1135 Intr. by: Ms. David (B/R) Approve: FC-157 Page 2 Hawaii County Clerk 11/12/2020 01:02:52 PM Hawaii County Council-56 November 18,2020 Res. 768-20: 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$83,841,000 of Federally-derived funds to be used by the Office of Housing and Community Development to support disaster relief, long- term recovery, and restore infrastructure, housing, and economic revitalization in Hawaii County. Reference: Comm. 1137 Intr. by: Ms. David (B/R) Waived: FC Postponed: November 6, 2020 (Note: There is a motion by Ms. David, seconded by Ms.Villegas, to approve Res. 768-20.) Res. 769-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO TO ASSIST WITH EXPENSES RELATING TO ITS COMMUNITY OUTREACH EFFORTS Transfers $1,000 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 1139 Intr. by: Ms. David Res. 770-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ST. JAMES' EPISCOPAL CHURCH FOR ITS PA`AUILO COMMUNITY MEAL PROGRAM AT ST. COLUMBA'S EPISCOPAL CHURCH TO HELP THOSE IN NEED DURING THE COVID-19 PANDEMIC Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 1140 Intr. by: Ms. Poindexter Page 3 Hawaii County Clerk 11/12/2020 01:02:52 PM Hawaii County Council-56 November 18,2020 Res. 771-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PURCHASE OF MINI FOOT PEDDLERS FOR THE DEPARTMENT OF PARKS AND RECREATION'S NUTRITION SITES AND SENIOR CENTERS IN COUNCIL DISTRICT 1 Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Elderly Activities Division Recreation Other Current Expenses account. Reference: Comm. 1141 Intr. by: Ms. Poindexter Res. 772-20: 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 PAHOA LAVA ZONE MUSEUM FOR ITS PAHOA HOLIDAY EVENTS PROJECT Transfers $4,400 from the Clerk-Council Services—Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1142 Intr. by: Mr. Kaneali`i-Kleinfelder Res. 773-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR IMPROVEMENTS TO THE DUGOUTS AND FENCING AT HUALANI PARK Transfers $5,530 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Friends of the Park account. Reference: Comm. 1143 Intr. by: Ms. Lee Loy Page 4 Hawaii County Clerk 11/12/2020 01:02:52 PM Hawaii County Council-56 November 18,2020 Res. 774-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO ASSIST WITH ELECTRICAL REPAIRS AND OTHER RELATED SUPPLIES FOR THE LAUPAHOEHOE CIVIC CENTER IN DISTRICT 1 Transfers $3,500 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Transfer to Capital Project Fund-General account. Reference: Comm. 1144 Intr. by: Ms. Poindexter Res. 778-20: APPROVES THE NOMINATION OF CITY AND COUNTY OF HONOLULU COUNCIL MEMBER JOEY MANAHAN TO THE NATIONAL ASSOCIATION OF COUNTIES BOARD OF DIRECTORS Reference: Comm. 1153 Intr. by: Ms. Kierkiewicz Waived: GREDC Res. 780-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NO NA OPIO TO PURCHASE EQUIPMENT FOR NA HOA O PUNA SOCCER'S NA HOA CUP Transfers $6,350 from the Clerk-Council Services—Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1155 Intr. by: Mr. Kaneali`i-Kleinfelder Res. 781-20: APPROVES THE LEGISLATIVE PROPOSALS FOR INCLUSION IN THE 2021 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Includes four proposals submitted by the County of Maui, three by the County of Kauai, and one by the City and County of Honolulu. Reference: Comm. 1157 Intr. by: Ms. Kierkiewicz Waived: GREDC Page 5 Hawaii County Clerk 11/12/2020 01:02:52 PM Hawaii County Council-56 November 18,2020 Res. 782-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY Allows for the receipt of$163,092 of Federally-derived funds to be used to prepare for,prevent the spread of, and respond to the coronavirus pandemic. Reference: Comm. 1158 Intr. by: Ms. David (B/R) Waived: FC Res. 783-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII Authorizes the Civil Defense Agency to utilize students enrolled at the University of Hawaii at Hilo School of Nursing to assist with various functions at COVID-19 test sites in Hawaii County. Reference: Comm. 1159 Intr. by: Ms. David (B/R) Waived: FC Page 6 Hawaii County Clerk 11/12/2020 01:02:52 PM Hawaii County Council-56 November 18,2020 BILLS FOR ORDINANCES (FIRST READING) Bill 200: AMENDS ORDINANCE NO. 05-115 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FIVE ACRES (A-5a) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PUAPUA`AIKI IST AND PUAPUA`ANUI 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:001 (Applicant: Pua`a Development, LLC) (Area: 14.973 Acres) The Leeward Planning Commission forwards its unfavorable recommendation for this amendment, which would allow revisions or time extensions to 11 conditions in the existing change of zone ordinance. The property is located west(makai) of Queen Ka`ahumanu Highway and the Pualani Estates Subdivision, and about 1,400 feet north of the Queen Ka`ahumanu Highway. Reference: Comm. 1077 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-56 Postponed: October 21 and November 6, 2020 (Note: There is a motion by Ms. Kierkiewicz, seconded by Ms. Lee Loy,to approve Bill 200; and a motion by Ms. Kierkiewicz, seconded by Ms.Villegas, to amend Bill 200 with the contents of Comm. 1077.8.) ; and Comm. 1077.8: From Council Members Ashley L. Kierkiewicz and Rebecca Villegas, dated November 4, 2020, transmitting a proposed amendment to Bill 200. Page 7 Hawaii County Clerk 11/12/2020 01:02:52 PM Hawaii County Council-56 November 18,2020 Bill 201: AMENDS ORDINANCE NO. 05-113 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FIVE ACRES (A-5a) TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5) AT PUAPUA`AIKI IST AND PUAPUA`ANUI 1sT NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:019 (Applicant: Suffolk Investment LLC) (Area: 14.87 Acres) The Leeward Planning Commission forwards its unfavorable recommendation for this amendment, which would allow revisions or time extensions to 11 conditions to the existing change of zone ordinance. The property is located west(makai) of Queen Ka`ahumanu Highway and east(mauka) of Kuakini Highway and the Kahakai Estates Subdivision, approximately 2,200 feet north of the Queen Ka`ahumanu Highway. Reference: Comm. 1078 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-57 Postponed: October 21 and November 6, 2020 (Note: There is a motion by Ms. Kierkiewicz, seconded by Ms.Villegas,to approve Bill 201; and a motion by Ms. Villegas, seconded by Ms. Poindexter, to amend Bill 201 with the contents of Comm. 1078.2.) ; and Comm. 1078.2: From Council Members Ashley L. Kierkiewicz and Rebecca Villegas, dated November 4, 2020, transmitting a proposed amendment to Bill 201. Bill 216: AN ORDINANCE RELATING TO WASTEWATER MANAGEMENT IN THE COUNTY OF HAWAII, THAT AMENDS THE FOLLOWING PROVISIONS OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED): 1) CHAPTER 2, ARTICLE 40 (DEPARTMENT OF ENVIRONMENTAL MANAGEMENT); 2) CHAPTER 21, (SEWERS-RENAMED "WASTEWATER MANAGEMENT") Reorganizes and restructures provisions of the Hawaii County Code that apply to the Department of Environmental Management, updates certain provisions to remove the enforcement and penalties from Chapter 2 to Chapter 21, and renames Chapter 21 to Wastewater Management. Reference: Comm. 1119 Intr. by: Mr. Richards Approve: AWEEMC-18 Postponed: November 6, 2020 (Note: There is a motion by Mr. Richards, seconded by Ms. David, to approve Bill 216.) Page 8 Hawaii County Clerk 11/12/2020 01:02:52 PM Hawaii County Council-56 November 18,2020 Bill 222: AMENDS THE PARKS AND RECREATION FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY NAMING THE PAVILION AT KUKUIHAELE PARK THE"TAKASHI `TAKA' DOMINGO PAVILION," IN HONOR OF TAKASHI DOMINGO Reference: Comm. 1145 Intr. by: Ms. Poindexter Waived: PRC Bill 227: 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—Coronavirus Emergency Supplemental Funding (CESF)-Hawaii County Safe Protocol Logistics account($163,092); and appropriates the same to the CESF-Hawaii County Safe Protocol Logistics account. Funds would be used to prepare for, prevent the spread of, and respond to the coronavirus pandemic. Reference: Comm. 1158 Intr. by: Ms. David (B/R) Waived: FC ORDER OF THE DAY(SECOND OR FINAL READING) Bill 199: AMENDS CHAPTER 25, ARTICLE 1 AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PRIMARY AIRPORTS (Planning Director Initiated) The Windward and Leeward Planning Commissions forward favorable recommendations for this amendment which would establish a"Primary Airport" land use within the Limited Industrial and General Industrial zoning districts, provide a definition of a Primary Airport, and identify accessory uses. Reference: Comm. 1076 Intr. by: Ms. Kierkiewicz (B/R) First Reading: November 6, 2020 Page 9 Hawaii County Clerk 11/12/2020 01:02:52 PM Hawaii County Council-56 November 18,2020 Bill 208: 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 Parks & Recreation Department of Business, Economic Development& Tourism (DBEDT) Social Transportation Program Income account($50,000); and appropriates the same to the DBEDT Social Transportation Program Income account. Funds would be used to support the Elderly Activities Division's paratransit program for seniors. Reference: Comm. 1105 Intr. by: Ms. David (B/R) First Reading: November 6, 2020 Bill 218: 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 State Grants—Hawai`i Island Tourism Destination Management Plan account($25,000); and appropriates the same to the Hawaii Island Tourism Destination Management Plan account. Funds would be used to develop a Destination Management Action Plan. Reference: Comm. 1136 Intr. by: Ms. David (B/R) First Reading: November 6, 2020 Bill 219: 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—Community Development Block Grant (CDBG)-Disaster Recovery account($83,841,000); and appropriates the same to the CDBG-Disaster Recovery account. Funds would be used to support disaster relief, long-term recovery, and restore infrastructure, housing, and economic revitalization in Hawaii County. Reference: Comm. 1137 Intr. by: Ms. David (B/R) First Reading: November 6, 2020 Page 10 Hawaii County Clerk 11/12/2020 01:02:52 PM Hawaii County Council-56 November 18,2020 Bill 220: 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 Microwave System Replacement project by $2 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$6 million, to be used for component replacement, installation, and maintenance of the microwave system. Reference: Comm. 1138 Intr. by: Ms. David (B/R) First Reading: November 6, 2020 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Bill 221: 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 Center for Tech and Civic Life (CTCL) COVID-19 Response Grant account($177,193.75); and appropriates the same to the CTCL COVID-19 Response Grant account. Funds would be used to reimburse costs associated with conducting a safe and secure election during the COVID-19 pandemic. Reference: Comm. 1146 Intr. by: Ms. David (B/R) First Reading: November 6, 2020 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 Page 11 Hawaii County Clerk 11/12/2020 01:02:52 PM Hawaii County Council-56 November 18,2020 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 November 16, 2020. If a response is received after November 16, 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, 74-5044 Ane Keohokalole Highway, Building A. The full text of the agendas are made available on the County website at www.hawaiicouniy.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 videotestimon 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 12