The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 2019-02-05 2018-2020 Hawaii County Clerk 01/30/2019 10:34:07 AM 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 Hawai'i Hawai'i County Building 25 Aupuni Street Hilo, Hawai'i 96720 5'b Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii February 5, 2019 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor John Endriss of Engage Church Hilo CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Serving the Interests of the People of Our Island Hawai'i County is an Equal Opportunity Provider and Employer. Hawai'i County Clerk 01/30/2019 10:34:07 AM Hawaii County Council-5 February 5,2019 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 19, 2018 COMMUNICATIONS Comm. 74: REPORT OF ATTENDANCE OF COUNCIL MEMBERS CHUNG, POINDEXTER, AND RICHARDS AT A COMMUNITY MEETING TO HEAR PRESENTATIONS BY TWO AIRLINE CARRIERS CURRENTLY BEING CONSIDERED FOR THE ESSENTIAL AIR SERVICE AT THE WAIMEA-KOHALA AIRPORT, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Tim Richards, dated January 15, 2019. ORDER OF RESOLUTIONS Res. 30-19: AUTHORIZES THE ACCEPTANCE OF MONETARY DONATIONS TOTALING $170,355 FOR DISASTER RELIEF FROM THE 2018 LAVA FLOW Accepts donations from various private sources, as follows: Puna Geothermal Venture ($150,000), Tokyoto Oshimamachi($18,274.22), Saishoin Temple ($2,000), and Sister City Mayor Inoue ($80.44). Funds would be used to help offset costs incurred relating to the 2018 lava disaster in the lower Puna region. Reference: Comm. 52 Intr. by: Ms. David (B/R) Approve: FC-10 Page 2 Hawai'i County Clerk 01/30/2019 10:34:07 AM Hawaii County Council-5 February 5,2019 Res. 39-19: AUTHORIZES THE CONTINUED EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE NAMED DEFENDANT AND FORMER EMPLOYEE OF THE COUNTY OF HAWAII, IN THE CRIMINAL ACTION STATE OF HAWAII VS. JODY BUDDEMEYER, CR. NO. 16-1-331K Authorizes the continued retention of the Law Offices of Brian J. De Lima at an amount not to exceed the total sum of$90,000 plus costs as the Office of the Corporation Counsel is precluded from representing individuals in criminal matters. Reference: Comm. 82 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter Res. 40-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COLOR COPY MACHINE FOR THE DEPARTMENT OF LIQUOR CONTROL Authorizes the Mayor to enter into a five-year lease agreement at an approximate monthly cost of$300, to be used by the department's Hilo office. Reference: Comm. 83 Intr. by: Ms. David (B/R) Waived: FC Page 3 Hawai'i County Clerk 01/30/2019 10:34:07 AM Hawaii County Council-5 February 5,2019 BILLS FOR ORDINANCES (FIRST READING) Bill 210: AMENDS CHAPTER 21, ARTICLE 4, OF THE HAWAII COUNTY (2016-2018) CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SEWER SERVICE CHARGES Increases sewer fees incrementally on March 1 for three years beginning in 2019, as follows: Single Unit Residential: $12, $7, and $6; Multi-Unit Residential: $12, $7, and $6; Nonresidential: $17, $9, and $6; Private Haulers: $15, $10, and $5; and Gang Cesspools: $0, $6, and $3. The Department of Environmental Management requests these increases to eliminate the need for the General Fund subsidy and increase funding for facility repairs. Reference: Comm. 1165 Intr. by: Ms. David (B/R) Approve: FC-5 Postponed: January 23, 2019 (Note: There is a motion by Ms. David, seconded by Ms.Villegas, to approve Bill 210.) ; and Comm. 23.2: From Environmental Management Commission Chair Richard Bennett, dated January 23, 2019. Bill 12: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the Contribution from Private Source account ($170,355); and appropriates the same to the 2018 Lava Disaster Relief-Private account. Funds would be used to help offset costs incurred relating to the 2018 lava disaster in the lower Puna region. Reference: Comm. 52 Intr. by: Ms. David (B/R) Approve: FC-11 Page 4 Hawai'i County Clerk 01/30/2019 10:34:07 AM Hawaii County Council-5 February 5,2019 Bill 20: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR SOLID WASTE IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF $1,500,000 OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING THE LANIHAU WASTEWATER PUMP STATION FORCE MAIN REPLACEMENT Funds would be used to replace a 677-foot section to avoid additional pipe failures and would be repaid by the County over a 20-year term through the issuance of General Obligation Bonds. Reference: Comm. 84 Intr. by: Ms. David (B/R) Waived: FC Bill 21: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Amends the project name and increases the Environmental Management Lanihau Wastewater Pump Station Force Main Replacement— State Revolving Fund (SRF)project by $400,000, for a total SRF appropriation of$1.5 million. Funds for this project shall be provided from State Revolving Fund and would be used to replace a 677-foot section of the force main to avoid additional pipe failures. Reference: Comm. 85 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Bill 22: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the Federal Grants—Improve Forensic Services account ($33,793); and appropriates the same to the Improve Forensic Services account, for a total of appropriation of$63,793. Funds would be used to provide forensic science training and purchase updated equipment. Reference: Comm. 86 Intr. by: Ms. David (B/R) Waived: FC Page 5 Hawai'i County Clerk 01/30/2019 10:34:07 AM Hawaii County Council-5 February 5,2019 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 1: AMENDS ORDINANCE NO. 99-42 WHICH RECLASSIFIED LANDS FROM (Draft 2) OPEN (0) TO PROJECT DISTRICT (PD) AT KAUPULEHU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-2-003, PORTION OF 1 (Applicant: KD Acquisition, LLLP and Hualalai Investors, LLP; formerly Kaupulehu Developments) (Area: approximately 1,078.63 Acres) The Leeward Planning Commission forwards its favorable recommendation to accept the Overall Status Report required by Condition BB, and to grant a 20-year time extension to Condition B (Development Period). Implementation of the public access plan shall be completed within one year from the effective date of this amended Project District Ordinance. Costs for improvements required by Conditions M and N shall be credited against the sum specified in Condition W(5) for road and traffic improvements. The property, known as the Kaupulehu Project District, is located between the 87 and 84 mile markers of the Queen Ka`ahumanu Highway. Reference: Comm. 13.5 Intr. by: Ms. Kierkiewicz First Reading: January 23, 2019 Bill 2: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the State Grants-DCCA—HI-WiFi Pilot account ($100,000); and appropriates the same to the DCCA—HI-WiFi Pilot account. Funds would be used to increase access to affordable internet and broadband services in unserved and underserved areas in Hawaii County. Reference: Comm. 14 Intr. by: Ms. David (B/R) First Reading: January 23, 2019 Page 6 Hawai'i County Clerk 01/30/2019 10:34:07 AM Hawaii County Council-5 February 5,2019 Bill 3: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the State Grants—Commercial Driver's License Program account ($1,759); and appropriates the same to the Commercial Driver's License Program Other Current Expenses account. Funds would be used by the Finance Department's Vehicle Registration and Licensing Division for travel costs to send a County Commercial Driver's License instructor to Honolulu to instruct a Commercial Driver's License Examiner class and gain experience with testing protocols. Reference: Comm. 15 Intr. by: Ms. David (B/R) First Reading: January 23, 2019 Bill 4: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Adds the Public Works Dispatch Center project for $500,000 to the Capital Budget. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources. The new Fire and Police Dispatch Center would be located at Mohouli Street in Hilo. Reference: Comm. 16 Intr. by: Ms. David (B/R) First Reading: January 23, 2019 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 7 Hawai'i County Clerk 01/30/2019 10:34:07 AM Hawaii County Council-5 February 5,2019 Bill 5: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - THREE ACRE (A-3a) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT WAIAKEA HOMESTEADS 2ND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-039:026 (Applicant: Hilo One Incorporated) (Area: approximately 12.728 Acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into 30 lots. The application states that the subdivided lots will be sold on the open market to the general public. The property is located along the south side of Haihai Street. Reference: Comm. 27 Intr. by: Ms. Kierkiewicz (B/R) First Reading: January 23, 2019 Bill 6: AMENDS ORDINANCE NO. 07-26, WHICH RECLASSIFIED LANDS FROM OPEN (0) TO MULTIPLE FAMILY RESIDENTIAL - 1,000 SQUARE FEET (RM-1) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-057:029, PORTION 030 AND PORTION 031 (FORMERLY 2-4-057:001) (Applicant: Hawaii Island Veterans Memorial, Inc.) (Area: 4.888 Acres) The Windward Planning Commission forwards its favorable recommendation to grant a 10-year time extension to Condition C (Complete Construction), and its unfavorable recommendation to defer the requirements of Condition B (Water Commitment) and delete Condition F (Install Street Lights and Traffic Controls). The applicant's current plan is to establish the Ka Hui Koa development project consisting of approximately 96 rental housing units and a community center, located at the north corner of the Kawili Street and Kapi`olani Street intersection. Reference: Comm. 28 Intr. by: Ms. Kierkiewicz (B/R) First Reading: January 23, 2019 Page 8 Hawai'i County Clerk 01/30/2019 10:34:07 AM Hawaii County Council-5 February 5,2019 Bill 7: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Adds the Public Works Alii Drive Culvert Replacement—Fair Share project for $2.2 million to the Capital Budget. Funds for this project shall be provided from Fair Share Contributions. Funds would account for the County's 20 percent portion of costs, with remaining funding provided by Federal Highway Administration. Reference: Comm. 44 Intr. by: Ms. Villegas (B/R) First Reading: January 23, 2019 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Bill 13: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the Federal Grants—Traffic Safety Training Project account ($3,228); and appropriates the same to the Traffic Safety Training Project account, for a total appropriation of$143,228. Funds would be used to pay for a representative of the Office of the Prosecuting Attorney to attend traffic safety meetings and provide traffic safety training for law enforcement personnel. Reference: Comm. 60 Intr. by: Ms. David (B/R) First Reading: January 23, 2019 Bill 14: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the Federal Grants—Hawai`i Criminal Justice Center- Overdue Dispositions account ($7,000); and appropriates the same to the Hawaii Criminal Justice Center-Overdue Dispositions account. Funds would be used to reimburse overtime costs incurred by staff of the Office of the Prosecuting Attorney while they research cases with overdue dispositions identified by the HCJDC. Reference: Comm. 61 Intr. by: Ms. David (B/R) First Reading: January 23, 2019 Page 9 Hawaii County Clerk 01/30/2019 10:34:07 AM Hawaii County Council-5 February 5,2019 REPORTS PSC-5 NOMINATION OF THOMAS BROWN TO THE POLICE COMMISSION (Comm. 51): Requires Council Confirmation by: February 16, 2019 (Section 13-4(1), Hawaii County Charter) 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 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 February 1, 2019. If a response is received after February 1, 2019, 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: • Kona Council Office,West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A; 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 10 Hawaii County Clerk 01/30/2019 10:34:07 AM Hawaii County Council-5 February 5,2019 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 http://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 counciltestimonyghawaiicounty.gov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestimonyAhawaiicounty.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). 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 11