The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 2021-03-17 2020-2022Hawaii County Clerk's Office - 03/11/2021 03:55:03 PM MAILE MEDEIROS DAVID tY OF p N Chair & Presiding Officer AARON S. Y. CHUNG +: c Vice Chair o=— �. 7>f OF •M�'� 8'h Session COUNTY COUNCIL County of Hawaii Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii March 17, 2021 1:00 P.M. 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, this meeting will not be open to the public. Oral Public Testimony: The public may provide oral testimony via Zoom. To register to testify, please email jean. muramoto(a�hawaiicount �gov or call (808) 961-8255 no later than 12:00 noon on Tuesday, March 16, 2021. 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 no later than 12:00 noon on Tuesday, March 16, 2021, by: (1) email to counciltestimonyCa�hawaiicouno�.9 v, (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 03/11/2021 04:01:40 PM Hawaii County Council -8 INVOCATION Pastor Brian Keiser of Lutheran Church of the Holy Trinity CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE March 17, 2021 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS APPROVAL OF MINUTES February 17, 2021 COMMUNICATIONS Comm. 171: REQUESTS AN UPDATE FROM SENATOR BRIAN SCHATZ ON THE $1.9 TRILLION CORONAVIRUS RELIEF PACKAGE RECENTLY PASSED BY CONGRESS From Council Member Ashley L. Kierkiewicz, dated March 10, 2021. Waived: GOREDC ORDER OF RESOLUTIONS Res. 46-21: APPROVES THE COUNTY OF HAWAII MASS TRANSIT AGENCY TITLE VI PROGRAM PLAN The Plan would fulfill the requirements set forth by the Federal Transit Administration to comply with the FTA Circular 4072.1B related to public transportation and financial assistance. Reference: Comm. 118 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-4 Page 2 Hawaii County Council -8 Hawaii County Clerk 03/11/2021 04:05:28 PM March 17, 2021 Res. 47-21: APPROVES THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION 2020 TITLE IV PLAN PURSUANT TO THE FEDERAL TRANSIT ADMINISTRATION TITLE VI CIRCULAR 4702.1B REQUIREMENTS AND GUIDELINES The Plan would fulfill the requirements set forth by the Federal Transit Administration to comply with the FTA Circular 4072.1B related to public transportation and financial assistance. Reference: Comm. 119 Intr. by: Mr. Inaba (B/R) Approve: PRPSC-14 Res. 48-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR A MULTIFUNCTION COLOR PRINTER FOR THE OFFICE OF THE COUNTY CLERK, SUPPORT SERVICES DIVISION Authorizes the Mayor to enter into a three-year lease agreement with an approximate monthly cost of $2,150. Reference: Comm. 120 Intr. by: Mr. Kaneali`i-Kleinfelder Approve: FC -19 Res. 49-21: APPROVES THE HAWAII STATE ASSOCIATION OF COUNTIES' EXECUTIVE COMMITTEE SLATE OF OFFICERS Ratifies the slate of officers approved by the Hawaii State Association of Counties Executive Committee on January 29, 2021, as follows: Kauai County Council Members Mason K. Chock, President (Bernard P. Carvalho, Jr., Alternate); Maui County Council Members Kelly Takaya King, Vice President (Tamara Paltin, Alternate); Hawai `i County Council Members Heather L. Kimball, Secretary (Rebecca Villegas, Alternate); and Honolulu City Council Members Tommy Waters, Treasurer (Andria Tupola, Alternate). Reference: Comm. 122 Intr. by: Ms. Kimball Approve: GOREDC-9 Page 3 Hawaii County Council -8 Hawaii County Clerk 03/11/2021 04:05:50 PM March 17, 2021 Res. 52-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE CLOSED CIRCUIT TELEVISION TRUCK FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $9,600. Reference: Comm. 126 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Approve: FC -20 Res. 53-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF TWO CLASS IV SIZED 4X4 PICKUP TRUCKS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $4,600. Reference: Comm. 127 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Approve: FC -21 Res. 54-21: AMENDS SALARY ORDINANCE NO. 20-40 BY AMENDING SECTION 3(b) BY CHANGING THE TITLE "ADMINISTRATIVE ASSISTANT TO THE LEGISLATIVE AUDITOR" TO THE "ADMINISTRATIVE ASSISTANT TO THE COUNTY AUDITOR" AND THE "LEGISLATIVE AUDITOR" TO THE "COUNTY AUDITOR" AND AMENDING SECTION 7.01(b) BY CHANGING THE NAME OF THE "OFFICE OF THE LEGISLATIVE AUDITOR" TO THE "OFFICE OF THE COUNTY AUDITOR" AND "ADMINISTRATIVE ASSISTANT TO THE LEGISLATIVE AUDITOR" TO THE "ADMINISTRATIVE ASSISTANT TO THE COUNTY AUDITOR" Reference: Comm. 128 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Approve: FC -22 Page 4 Hawaii County Clerk 03/11/2021 04:06:26 PM Hawaii County Council -8 March 17, 2021 Res. 58-21: URGES THE DESIGNATION OF MARCH AS YOUTH ART MONTH IN THE COUNTY OF HAWAII AND SUPPORTING ACTIVATION OF ART IN THE PARK ISLANDWIDE TO SHOWCASE YOUTH ARTWORK The designation would support opportunities to improve the well-being and holistic development of youth through artistic experiences. Reference: Comm. 133 Intr. by: Ms. Kierkiewicz and Mr. Inaba Approve: PRPSC-15 Res. 59-21: 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 WITH EXPENSES IN PREPARATION FOR THE 2021 MAKAHIKI COMMUNITY CELEBRATION Transfers $3,500 from the Clerk -Council Services — Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 135 Intr. by: Ms. Lee Loy Res. 60-21: 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 ISLAND LGBTQ PRIDE FOR EXPENSES RELATING TO ITS EDUCATIONAL OUTREACH Transfers $1,500 from the Clerk -Council Services — Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 136 Intr. by: Ms. Kierkiewicz Page 5 Hawaii County Clerk 03/11/2021 04:06:47 PM Hawaii County Council -8 March 17, 2021 Res. 61-21: 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 THE PURCHASE AND OPERATION OF SECURITY CAMERAS FOR PAHOA TOWN CENTER Transfers $3,000 from the Clerk -Council Services — Contingency Relief account (Council District 4); and credits to the Office of Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 139 Intr. by: Ms. Kierkiewicz Res. 62-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MAKU`U FARMERS ASSOCIATION TO ESTABLISH A NEIGHBORHOOD WATCH PROGRAM FOR THE MAKU`U HOMESTEAD COMMUNITY Transfers $2,500 from the Clerk -Council Services — Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 141 Intr. by: Ms. Kierkiewicz Res. 63-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR ITS LITTLE FIRE ANT PROGRAM Transfers $2,500 from the Clerk -Council Services — Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 142 Intr. by: Ms. Kierkiewicz Page 6 Hawaii County Council -8 Hawaii County Clerk 03/11/2021 04:07:18 PM March 17, 2021 Res. 64-21: 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 $4,000 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. 144 Intr. by: Mr. Inaba Res. 68-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR SERVICE AGREEMENT FOR INTEGRATED SERVICE DIGITAL NETWORK PRIMARY RATE INTERFACE FOR TELEPHONE DIGITAL INWARD DIALING SERVICE FOR THE HAWAII COUNTY OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a three-year agreement with an approximate monthly cost of $888. Reference: Comm. 153 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC Res. 69-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOMELESS TASK FORCE FOR ITS OUTREACH AND ENGAGEMENT EFFORTS Transfers $6,000 from the Clerk -Council Services — Contingency Relief account (Council District 7); and credits to the Office of Housing and Community Development, Transfer to Housing Fund account. Reference: Comm. 154 Intr. by: Ms. Villegas Page 7 Hawaii County Clerk 03/11/2021 04:07:38 PM Hawaii County Council -8 March 17, 2021 Res. 70-21: AUTHORIZES THE EXTENSION OF THE PUBLIC SEWER FROM ALI`I DRIVE TO A PLANNED SUBDIVISION TO SERVICE PARCELS 7-7-004:057 AND 7-7-004:058 AT KAUMALUMALU, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAI I The sewer collection system will be privately owned and maintained and will be built to County standards and made available for inspection by the Department of Environmental Management before, during, or after construction. Reference: Comm. 168 Intr. by: Mr. Richards Waived: RAWEEMC Res. 71-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO ACCEPT FUNDS AS A LOAN TO THE COUNTY OF HAWAII Replaces Resolution No. 91-19 to correct the funding authority to be Session Laws of Hawai `i — Regular Session of 2020, Act 009, for a loan in the amount of $40 million for recovery from the 2018 Kilauea eruption. Reference Intr. by: Waived: BILLS FOR ORDINANCES (FIRST READING) ORDER OF THE DAY (SECOND OR FINAL READING) Comm. 172 Mr. Kaneali`i-Kleinfelder (B/R) FC Bill 11: AMENDS ORDINANCE NO. 09-132 WHICH RECLASSIFIED LANDS FROM (Draft 2) AGRICULTURAL — 3 ACRES (A -3a) AND OPEN (0) TO PROJECT DISTRICT (PD) AT KAT, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-2-005:001 (Applicant: Palamanui Global Holdings,, LLC) (Area: 695.284 Acres) The Leeward Planning Commission forwards its favorable recommendation to amend conditions of approval. The Palamanui Development project includes 1,116 residential units, a 70 -acre business park, 230 acres of open space, a 74 -acre dry forest preserve, and a 30 -acre university village town center with a 120 -room hotel, retail shopping, commercial amenities, and a 20 -acre regional public park. Reference: Comm. 51.11 Intr. by: Ms. Kierkiewicz (B/R) First Reading: March 3, 2021 Page 8 Hawaii County Clerk 03/11/2021 04:07:59 PM Hawaii County Council -8 March 17, 2021 Bill 23: 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 — Workforce Innovation and Opportunity Act (WIOA) account ($76,479); and appropriates the same to the WIOA Rapid Response 2020-2021 account. Funds would be used to assist in rapid response and layoff aversion activities in Hawaii County. Reference: Comm. 108 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) First Reading: March 3, 2021 Bill 24: 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 — National Instant Criminal Background Check (NILS) Act Record Improvement Program account ($545,760); and appropriates the same to the NICS Act Record Improvement Program account. Funds would be used to automate and streamline the firearms registration process and improve record keeping and data availability. Reference: Comm. 130 Intr. by: Mr. Kaneali`i-KI einfelder (B/R) First Reading: March 3, 2021 Bill 25: 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 following Public Works projects to the Capital Budget: Pahoa Feasibility Study — State ($500,000), Puak6 Facilities Plan — County ($300,000), and Puak6 Facilities Plan — State ($1,500,000). Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources ($300,000) and State Capital Improvement Project Funds ($2,000,000). Reference: Comm. 131 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) First Reading: March 3, 2021 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 9 Hawaii County Council -8 REPORTS REFERRALS FOR EXECUTIVE SESSION Hawaii County Clerk 03/11/2021 04:08:26 PM March 17, 2021 Comm. 145: CHANG Y. MONA, V, V. COUNTY OF HAWAII; JOHN A. MEDEIROS, INDIVIDUALLY AND OFFICIAL CAPACITY_ CIVIL NO. 16-1-0342K From Deputy Corporation Counsel Lerisa L. Heroldt, dated February 24, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above -entitled matter, including a discussion regarding a litigation filed by Ted H. S. Hong, Esq., on behalf of his client, Chang Y. Aiona, V. Comm. 146: REQUESTS APPROVAL TO RETAIN (SAME) OUTSIDE COUNSEL TO REPRESENT THE COUNTY OF HAWAII IN FURTHER OPIOID From Deputy Corporation Counsel Kaena Horowitz, dated February 26, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above -entitled matter. 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 March 15, 2021. If a response is received after March 15, 2021, we will try to Page 10 Hawaii County Council -8 Hawaii County Clerk 03/11/2021 04:08:47 PM March 17, 2021 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, 25 Aupuni Street, First Floor, Room 1401. The full text of the agendas is 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 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