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HomeMy WebLinkAboutAGE COUNCIL 2020-12-23 2020-2022MAILE MEDEIROS DAVID Chair & Presiding Officer AARON S. Y. CHUNG Vice Chair 2nd Session JNt-4 OF hljy 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 December 23, 2020 9:00 a.m. Hawaii County Clerk 12/17/2020 09:07:02 AM HOLEKA GORO INABA MATT KANEALI`I-KLEINFELDER ASHLEY L. KIERKIEWICZ HEATHER L. KIMBALL SUSAN L. K. LEE LOY 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 Zoom. To register to testify, please emailJeanette.Aiello(a�hawaiicountgov or call (808) 961-8255 no later than 12:00 noon on Tuesday, December 22, 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 Council -2 INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Hawaii County Clerk 12/17/2020 09:07:02 AM Pastor Ron Brav of Calvary Chapel Hilo December 23, 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 COMMUNICATIONS November 6, 2020 November 18, 2020 December 7, 2020 (2020-2022) Comm. 7: DONATION OF "SPREAD ALOHA NOT COVID" TOTE BAGS From Finance Director Deanna Sako, dated November 18, 2020, requesting the Council's approval to accept a donation from Malama Ia Hawai`i, LLC, valued at approximately $2,900. Waived: FC Comm. 8: DONATION OF FOUR TEN -INCH PALLET RACK BEAMS From Finance Director Deanna Sako, dated December 4, 2020, requesting the Council's approval to accept a donation from Pacific Wireless Communications valued at approximately $400 to be used by the Civil Defense Agency. Waived: FC Page 2 Hawaii County Clerk 12/17/2020 09:07:02 AM Hawaii County Council -2 December 23, 2020 Comm. 16: REQUESTS THE FORMATION OF AN AD HOC COMMITTEE TO APPOINT A NEW COUNTY AUDITOR From Council Member Ashley L. Kierkiewicz, dated November 17, 2020, requesting the formation of an ad hoc committee to review applications, conduct interviews, and score applicants in order to identify a list of candidates who will advance to a round of interviews and final decision by the County Council. Waived: GOREDC ORDER OF RESOLUTIONS Res. 776-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TEN MINI BUSES (2018-2020) FROM THE CITY AND COUNTY OF HONOLULU DEPARTMENT OF TRANSPORTATION SERVICES Accepts 10 retired mini buses with an approximate total value of $50,000, to add to the Mass Transit Agency's transportation fleet. Reference: Comm. 1149 Intr. by: Ms. David (B/R) Approve: FC -158 Res. 777-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN (2018-2020) AGREEMENT WITH THE UNIVERSITY OF HAWAII Funds in the amount of $15,000 would be provided to the University of Hawaii for its Imiloa Outdoor Exhibits Enhancement and Learning Space project. Reference: Comm. 1150 Intr. by: Ms. David (B/R) Approve: FC -159 Res. 779-20: ADOPTS THE COUNTY OF HAWAII STREET DESIGN MANUAL TO (2018-2020) GUIDE THE IMPLEMENTATION OF COMPLETE STREETS AND MULTIMODAL DESIGN PRINCIPLES FOR HAWAII COUNTY ROADWAY PROJECTS Urges the Planning Director, Public Works Director, and Mass Transit Agency Administrator to update policies, rules, and ordinances in accordance with the County of Hawaii Street Design Manual to ensure consistency with Complete Streets principles. Reference: Comm. 1154 Intr. by: Ms. Lee Loy Approve: PWMTC-28 Page 3 Hawaii County Council -2 Hawaii County Clerk 12/17/2020 09:07:02 AM December 23, 2020 Res. 13-20: 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 WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION, INC., FOR ITS GREENHOUSE ACTIVATION PROJECT AT THE WEST HAWAII VETERANS CEMETERY-PU`U HO`OMAHA O NAPO`E KOA HAWAII KOMOHANA 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.3 Intr. by: Ms. David Res. 14-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII RISE FOUNDATION TO ASSIST HAWAII COMMUNITY COLLEGE WITH ITS MOBILE GREENHOUSE TRAINING PROGRAM Transfers $11,500 from the Clerk -Council Services — Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture — Other Current Expenses account. Reference: Comm.4 Intr. by: Ms. Kierkiewicz Res. 15-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KUPA FRIENDS OF HO`OKENA BEACH PARK FOR ITS MANAGEMENT AND MAINTENANCE PROJECT Transfers $4,000 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.6 Intr. by: Ms. David Page 4 Hawaii County Council -2 Hawaii County Clerk 12/17/2020 09:07:02 AM December 23, 2020 Res. 16-20: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR NUTANIX HARDWARE AND SOFTWARE FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY Authorizes the Mayor to enter into a three-year lease agreement with an approximate annual cost of $108,000. Reference: Comm.9 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC Res. 17-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF AN ELECTRIC WHEELCHAIR FROM MR. GREG MEYERS TO THE HAWAII FIRE DEPARTMENT The wheelchair, with an estimated value of approximately $10,000, would be used by the Hawaii Fire Department's Emergency Medical Services Bureau. Reference: Comm. 10 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC Res. 18-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TRAINING AND MISCELLANEOUS SUPPLIES FROM THE HAWAII ISLAND K9 ASSOCIATION TO THE HAWAII POLICE DEPARTMENT Training and supplies, with an estimated value of approximately $2,000, would be used by the Hawaii Police Department's Canine Units. Reference: Comm. II Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC Res. 19-20: 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 $746,100 of Federally -derived funds to be used by the Office of Housing and Community Development to pay for Mainstream Voucher Subsidies and assist non -elderly persons with disabilities. Reference: Comm. 12 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC Page 5 Hawaii County Clerk 12/17/2020 09:07:02 AM Hawaii County Council -2 December 23, 2020 Res. 26-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF PUNALU`U SWEET BREAD FROM AIO TO THE DEPARTMENT OF PARKS AND RECREATION, ELDERLY ACTIVITIES DIVISION The donation of 4,000 loaves of Punalu`u sweet bread, with an estimated value of approximately $30,534, would be distributed to seniors throughout Hawaii County. Reference: Comm. 46 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC BILLS FOR ORDINANCES (FIRST READING Bill 217: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4, SECTION 24-278 OF (Draft 2) THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), (2018-2020) RELATING TO PEDESTRIANS Amends Section 24-278, Schedule 26 (Roads closed to pedestrian traffic), Subsection (a), Hamakua, by adding a portion of Waipi`o Valley Road running from the Waipi `o Valley lookout to a point near its entry upon the valley floor. Reference: Comm. 1130.35 Intr. by: Ms. Poindexter Approve: PWMTC-29 Bill 223: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC (2018-2020) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Adds the Parks and Recreation Waiakea Uka Park— State project for $6.4 million to the Capital Budget. Funds for this project shall be provided from State Grants Receivable. Reference: Comm. 1147 Intr. by: Ms. David (B/R) Approve: FC -160 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 6 Hawaii County Council -2 Hawaii County Clerk 12/17/2020 09:07:02 AM December 23, 2020 Bill 224: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC (2018-2020) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Adds the Parks and Recreation Waiakea Uka Park project for $2.1 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. 1148 Intr. by: Ms. David (B/R) Approve: FC -161 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Bill 225: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING (2018-2020) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the American Job Center — One Stop Program Income account ($150,000); and appropriates the same to the American Job Center — One Stop account. Funds would be used to pay for expenditures related to the Workforce Innovation and Opportunity Act American Job Center. Reference: Comm. 1151 Intr. by: Ms. David (B/R) Approve: FC -162 Bill 1: 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 Program — COVID-19 account ($746,100); and appropriates the same to the Mainstream Voucher Program — COVID-19 account. Funds would be used by the Office of Housing and Community Development to pay for Mainstream Voucher Subsidies and assist non -elderly persons with disabilities. Reference: Comm. 12 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC Page 7 Hawaii County Clerk 12/17/2020 09:07:02 AM Hawaii County Council -2 December 23, 2020 Bill 2: 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) COVID-19 account ($1,077,958); and appropriates the same to the following CDBG-Coronavirus 3 accounts: The Food Basket Emergency Food Program ($409,472), Na Kahua Hale O Ulu Wini — Community Center Improvements ($558,805), and Project Vision Hawaii — Mobile Health and Hygiene Services ($109,681). Funds would be used by the Office of Housing and Community Development to prevent, prepare for, and respond to the COVID-19 pandemic. These CARES Act funds would be used to address the impacts of the COVID-19 pandemic on persons of low and moderate income. Reference: Comm. 13 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC Bill 3: 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 Grants — Workforce Innovation and Opportunity Act (WIOA) account ($39,000); and appropriates the same to the WIOA — Youth Program 2018-19 account. Funds would be used by the Office of Housing and Community Development to provide training and to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 14 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC Bill 4: 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 Grants — Workforce Innovation and Opportunity Act (WIOA) account ($54,923); and appropriates the same to the WIOA — Adult Program 2020-21 ($7,398) and WIOA — Youth Program 2020-21 ($47,525) accounts. Funds would be used by the Office of Housing and Community Development to provide training and to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 15 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC Page 8 Hawaii County Clerk 12/17/2020 09:07:02 AM Hawaii County Council -2 December 23, 2020 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 200: AMENDS ORDINANCE NO. 05-115 WHICH RECLASSIFIED LANDS FROM (Draft 2) AGRICULTURAL — FIVE ACRES (A -5a) TO NEIGHBORHOOD (2018-2020) 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 for this 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. 1077.9 Intr. by: Ms. Kierkiewicz (B/R) Postponed: October 21 and November 6, 2020 First Reading: November 18, 2020 ; and Comm. 1077.41: From Council Members Ashley L. Kierkiewicz and Rebecca Villegas, dated November 25, 2020, transmitting proposed amendments to Bill 200, Draft 2. Bill 201: AMENDS ORDINANCE NO. 05-113 WHICH RECLASSIFIED LANDS FROM (Draft 2) AGRICULTURAL — FIVE ACRES (A -5a) TO MULTIPLE FAMILY (2018-2020) 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 for this 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. 1078.3 Intr. by: Ms. Kierkiewicz (B/R) Postponed: October 21 and November 6, 2020 First Reading: November 18, 2020 ; and Comm. 1078.4: From Council Members Ashley L. Kierkiewicz and Rebecca Villegas, dated November 25, 2020, transmitting proposed amendments to Bill 201, Draft 2. Page 9 Hawaii County Council -2 Hawaii County Clerk 12/17/2020 09:07:02 AM December 23, 2020 Bill 216: AN ORDINANCE RELATING TO WASTEWATER MANAGEMENT IN THE (Draft 2) COUNTY OF HAWAII, THAT AMENDS THE FOLLOWING PROVISIONS (2018-2020) 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. 1119.4 Intr. by: Mr. Richards Postponed: November 6, 2020 First Reading: November 18, 2020 Bill 222: AMENDS THE PARKS AND RECREATION FACILITY SCHEDULE, (2018-2020) 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 First Reading: November 18, 2020 Bill 227: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING (2018-2020) 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) First Reading: November 18, 2020 REPORTS Page 10 Hawaii County Council -2 REFERRALS FOR EXECUTIVE SESSION Hawaii County Clerk 12/17/2020 09:07:02 AM December 23, 2020 Comm. 5: ALEXANDREA M. NEWELL V. COUNTY OF HAWAII, ET AL. From Deputy Corporation Counsel D. Kaena Horowitz, dated November 12, 2020, requesting an attorney-client confidential discussion to consult with the Council regarding the above -entitled matter, including a discussion regarding a litigation filed by Scott Mattoch on behalf of his client, Alexandrea M. Newell. 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 December 21, 2020. If a response is received after December 21, 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.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 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 Page 11 Hawaii County Council -2 Hawaii County Clerk 12/17/2020 09:07:02 AM December 23, 2020 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