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Home My WebLink AboutAGE COUNCIL 2018-12-19 2018-2020 ACTIONS AARON S. Y. CHUNG tY OF p MAILE MEDEIROS DAVID Chair&Presiding Offices o?� +,, MATT KANEALI`I-KLEINFELDER ASHLEY L. KIERKIEWICZ KAREN EOFF +: c Vice Chair• SUSAN L. K.LEE LOY 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 2nd Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii December 19, 2018 1:00 P.M. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Eric Rasmussen of Bible First Mission Church CALL TO ORDER 1:11 P.M. ROLL CALL PLEDGE OF ALLEGIANCE Serving the Interests of the People of Our Island Hawai`i County is an Equal Opportunity Provider and Employer. Hawaii County Council-2 December 19,2018 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 December 5, 2016 APPROVED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. November 2, 2018 APPROVED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 2 Hawaii County Council-2 December 19,2018 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 748-18: AUTHORIZES THE TEMPORARY CLOSURE OF LEILANI AVENUE (2016-2018) PURSUANT TO CHAPTER 24, ARTICLE 7, DIVISION 3, SECTION 24-153.3(B) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED) Authorizes the Mayor, in consultation with the Police Chief, the Civil Defense Administrator, and the Public Works Director, to enter into an agreement with the Leilani Community Association concerning the barricading of Leilani Avenue, which may remain in effect during the period of the road's temporary closure to the general public to prevent loitering and illegal trespassing onto private property. Reference: Comm. 1157 Intr. by: Ms. O'Hara Negative: PWPRC-54 (Due to a vote of 7-noes, 1-absent) FAILED DUE TO LACK OF MOTION Res. 752-18: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR (2016-2018) AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COMPACT TRACK LOADER WITH AN AUGER DRILL HYDRAULIC HAMMER ATTACHMENT Authorizes the Mayor to enter into a five-year lease agreement for the equipment for the Parks and Recreation, Parks Maintenance Division, at an approximate cost of$1,477 per month. The County will own the loader at the end of the lease. Reference: Comm. 1163 Intr. by: Ms. David (B/R) Approve: FC-153 ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 3 Hawaii County Council-2 December 19,2018 Res. 753-18: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR (2016-2018) AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE CRAWLER DOZER Authorizes the Mayor to enter into a five-year lease agreement for the equipment for the Parks and Recreation, Parks Maintenance Division, at an approximate cost of$2,654 per month. The County will own the dozer at the end of the lease. Reference: Comm. 1164 Intr. by: Ms. David (B/R) Approve: FC-154 ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Res. 13-18: 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 WAIAKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION FOR THE 2019 WAIAKEA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 2 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 4 Hawaii County Council-2 December 19,2018 Res. 14-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO YWCA OF HAWAII ISLAND TO REPAIR ITS FORENSIC CAMERA USED FOR ITS SEXUAL ASSAULT SUPPORT SERVICES PROGRAM Transfers $1,334 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 3 Intr. by: Ms. Eoff ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Res. 15-18: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEAUKAHA SCHOOL FOUNDATION FOR KEAUKAHA ELEMENTARY SCHOOL'S PRESCHOOL ACTIVITIES IN THE 2018-2019 SCHOOL YEAR Transfers $2,430 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. 4 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-2 December 19,2018 Res. 16-18: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO AWARD FUNDS TO PEOPLES ADVOCACY FOR TRAILS HAWAII Awards a $30,000 grant to Peoples Advocacy for Trails Hawaii to expand the bike-share program in Kona from three to six stations. Reference: Comm. 5 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Res. 17-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH THE OFFICE OF THE AUDITOR, STATE OF HAWAII Authorizes a two-year agreement to conduct an audit of the schedule of changes in fiduciary net position by employer and related notes to the schedule of the Hawaii Employer-Union Health Benefits Trust Fund and the examination report on census data for the fiscal years ending June 30, 2018 and 2019. Reference: Comm. 6 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 6 Hawaii County Council-2 December 19,2018 Res. 18-18: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF TWO FIRE APPARATUS (FIRE TRUCKS) FOR THE HAWAII FIRE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement at an estimated monthly cost of$26,000. The equipment would become the property of the department upon completion of the terms of the lease. Reference: Comm. 7 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Res. 19-18: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 6, STANDING COMMITTEES Changes the name of the Committee on Environmental Resiliency and Management to the Committee on Agriculture, Water, Energy, and Environmental Management. Reference: Comm. 8 Intr. by: Mr. Richards ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 7 Hawaii County Council-2 December 19,2018 BILLS FOR ORDINANCES (FIRST READING) Bill 205: AMENDS ORDINANCE NO. 05-66, WHICH RECLASSIFIED LANDS FROM (2016-2018) AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—TEN ACRES (A-10a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-027:007 (Applicant: Bruce B. A. and Austin K. P. Easley) (Area: 20.254 acres) The Leeward Planning Commission forwards its favorable recommendation for this request for a five-year time extension to comply with Condition D (secure Final Subdivision Approval), which would allow the applicant to apply to subdivide the property into two lots of approximately 10 acres in size. The lots are intended to be used as residential/agricultural lots, with a dwelling on each proposed lot. The property is located along the west side of Kaloko Drive approximately 4,000 feet mauka from the Haleamau Street-Kaloko Drive intersection. Reference: Comm. 1153 Intr. by: Ms. Eoff(B/R) Approve: PC-77 PASSED IST READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Bill 208: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING (2016-2018) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the Federal—2018 Block Grant account ($266,347); and appropriates the same to the following accounts: Kula`imano Elderly Renovations ($227,467) and Administration, Planning & Fair Housing ($38,880), bringing the total appropriation to $2,694,402. Reference: Comm. 1161 Intr. by: Ms. David (B/R) Approve: FC-155 (Vote on Bill 208 is on the next page) Page 8 Hawaii County Council-2 December 19,2018 PASSED IST READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Bill 209: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING (2016-2018) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the Federal Grants —Workforce Innovation & Opportunity Act (WIOA) account ($5,547); and appropriates the same to the following 2017-2018 WIOA accounts: Administration Planning ($556); Adult Program ($1,814); Dislocated Worker Program ($1,255); and Youth Program ($1,922), bringing the total appropriation to $1,526,779. Reference: Comm. 1162 Intr. by: Ms. David (B/R) Approve: FC-156 PASSED IST READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 9 Hawaii County Council-2 December 19,2018 Bill 211: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC (2016-2018) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Establishes the following program appropriations to the Capital Budget: Roadway Projects (Engineering) ($2 million); Bridge Inspection, Repair, and Replacement Program (Engineering) ($1.4 million); and Local Road Improvements (Highways) ($3.4 million), for a total of$6.8 million. Appropriates the fuel tax revenues established by Resolution No. 212-17. Reference: Comm. 1166 Intr. by: Ms. David (B/R) Approve: FC-157 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter PASSED IST READING: Ayes: Council Members Chung, David, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—6. Noes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, and Richards —3. Absent: None. Excused: None. (Note: Mr. Richards voted "kanalua" then "no.") ORDER OF THE DAY (SECOND OR FINAL READING) Bill 204: AMENDS ORDINANCE NO. 06-47, WHICH RECLASSIFIED LANDS FROM (2016-2018) SINGLE FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-2-028:030, 032 AND 033 (Applicant: Janice Oshiro) (Area: 28,002 square feet) The Windward Planning Commission forwards its favorable recommendation for this amendment to request a five-year time extension to complete construction and an administrative time extension that could provide for an additional five years to complete construction, to allow for the conversion of two existing single- family dwellings into office spaces. The property is located approximately 163 feet northeast of the intersection of Kilauea Avenue and Lanikaula Street. Reference: Comm. 1135 Intr. by: Ms. Eoff(B/R) First Reading: November 20, 2018 (Vote on Bill 204 is on the next page) Page 10 Hawaii County Council-2 December 19,2018 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Bill 212: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING (2016-2018) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the State Grants —Lava Disaster Recovery Relief— State account ($10,000,000); and appropriates the same to the Lava Disaster Recovery Relief—State account. Funds would be used to provide immediate relief necessary to protect the health, safety, and welfare of residents in the lower Puna area and for relocation planning for residents and agricultural enterprises adversely impacted by the volcanic eruption. Reference: Comm. 1171 Intr. by: Ms. David (B/R) First Reading: November 20, 2018 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Bill 213: AMENDS CHAPTER 15, ARTICLE 7, SECTION 15-64 OF THE HAWAII (2016-2018) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE VETERANS ADVISORY COMMITTEE Expands the scope of the powers and duties of the Veterans Advisory Committee by allowing it to initiate discussions and make recommendations on veterans- related issues and concerns without a prior request by the Mayor or the Council. Reference: Comm. 1172 Intr. by: Ms. Eoff First Reading: November 20, 2018 (Vote on Bill 213 is on the next page) Page 11 Hawaii County Council-2 December 19,2018 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. 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 consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 2:16 p.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 December 17, 2018. If a response is received after December 17, 2018, 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. Public attendance via courtesy site is available at the following locations until 4:30 p.m. or later in the event public testimony has not been completed: • Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401; and • Waimea Council Office, Parker Square, 65-1279 Kawaihae Road, Suite 109. Public attendance via courtesy site is also available at the following locations until public testimony has been completed: • Na`alehu State Office Building, 95-5669 Mamalahoa Highway; • Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa`au; and • Pahoa Council Office, 15-2879 Pahoa Village Road. Page 12 Hawaii County Council-2 December 19,2018 If, due to unanticipated circumstances, the courtesy site is unavailable and/or participation is disrupted, the scheduled meeting will continue. Live stream of County Council Meetings: Council meetings are available for live viewing. Click on Council Meetings on the County's homepage at htip://www.hawaiicounty_.gov. Copies of this agenda and items listed on the agenda are available on the County Clerk-Council web page at http://www.hawaiicounty.gov/lb-council-meeting. For further information, please call 961-8255. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or(3)by email to counciltestiinonyLq)hawaiicouno�. ov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestiinonyLq)hawaiicouno�. ov 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). Viewing of Meetings is Available on Public, Education, and Government Television. Please call Na Leo TV at (808) 935-8874 for Channel 55 schedule of Council and Committee meetings. Page 13