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HomeMy WebLinkAboutAGE COUNCIL 2019-03-28 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 8fh Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii March 28, 2019 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Senior Pastor Bill Dierking of Kona Coast Baptist Church CALL TO ORDER 9:07 a.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-8 March 28,2019 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 February 20, 2019 APPROVED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. COMMUNICATIONS Comm. 177: NOMINATION OF BENJAMIN AGDEPPA TO THE TRANSPORTATION COMMISSION From Mayor Harry Kim, dated March 8, 2019, submitting for the Council's review and confirmation the above nomination. Waived: PWMTC CONFIRMED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Comm. 178: NOMINATION OF MICHAEL O'LOUGHLIN, SR., TO THE TRANSPORTATION COMMISSION From Mayor Harry Kim, dated March 8, 2019, submitting for the Council's review and confirmation the above nomination. Waived: PWMTC (Vote on Comm. 178 is on the next page) Page 2 Hawaii County Council-8 March 28,2019 CONFIRMED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. ORDER OF RESOLUTIONS Res. 20-19: AUTHORIZES THE EMPLOYMENT OF A PRIVATE ATTORNEY TO REPRESENT THE COUNTY OF HAWAII IN LITIGATION AGAINST OPIOID MANUFACTURERS WHO MAY BE LIABLE TO THE COUNTY OF HAWAII FOR THE OPIOID EPIDEMIC The Office of the Corporation Counsel requests the Council's approval to hire Napoli Shkolnik PLLC and its local counsel, the HI Accident Law Center, with any and all compensation to be provided from potential settlement or award amounts. Reference: Comm. 12 Intr. by: Ms. David (B/R) Approve: FC-15 Postponed: March 13, 2019 Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter (Note: There is a motion by Ms. David, seconded by Ms. Kierkiewicz, to approve Res. 20-19.) POSTPONED TO APRIL 10, 2019: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Lee Loy and Poindexter—2. Excused: None. Page 3 Hawaii County Council-8 March 28,2019 Res. 65-19: URGES AN INCREASE OF FUNDING FOR ADDITIONAL POLICE PRESENCE IN THE DISTRICT OF PUNA TO ACCOUNT FOR POPULATION GROWTH Requests increasing the ratio of police officers per resident to reduce risk and response times for police officers attempting to help those in need of assistance. Reference: Comm. 122 Intr. by: Mr. Kaneali`i-Kleinfelder Approve: PSC-7 ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Res. 86-19: AUTHORIZES THE EXTENSION OF THE PUBLIC SEWER FROM A PLANNED SUBDIVISION(PARCELS 7-3-009:019, 057, 058, 060, 061, AND 062) TO THE EXISTING SEWER LINE TERMINUS IN ANE KEOHOKALOLE HIGHWAY The extension would provide service to the planned subdivisions Kaloko Heights Phases I and II, and the Hawaii Island Community Development's planned low income housing project, adjacent to the subject property, pursuant to Section 21-26.1. Hawaii County Code. The parcels are located on the north and south sides of Hina Lani Street. Reference: Comm. 148 Intr. by: Mr. Richards (B/R) Approve: AWEEMC-4 ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Page 4 Hawaii County Council-8 March 28,2019 Res. 94-19: 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 ZONTA CLUB OF HILO FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS "MAGNIFICENT ME" CONFERENCE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 161 Intr. by: Mr. Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Res. 95-19: 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 ISLAND OF HAWAII YMCA FOR ITS FAMILY VISITATION CENTER PROGRAM Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 162 Intr. by: Mr. Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Page 5 Hawaii County Council-8 March 28,2019 Res. 96-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA MAKA HALOA O WAIPI`O FOR ITS KUKULU KUMUHANA O PUNA PROGRAM Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 163 Intr. by: Mr. Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Res. 97-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA MAKA HALOA O WAIPI`O FOR ITS "KUKULU KUMUHANA O PUNA" YOUTH PROGRAM Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 164 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Page 6 Hawaii County Council-8 March 28,2019 Res. 98-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO AHU`ENA HEIAU INC. TO ASSIST WITH EXPENSES RELATED TO COMMEMORATING THE 200-YEAR ANNIVERSARY OF THE PASSING OF KING KAMEHAMEHA I Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 165 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Res. 99-19: 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, RECREATION DIVISION FOR RECREATIONAL ACTIVITIES, SPECIAL EVENTS, AND MISCELLANEOUS SUPPLIES AND EXPENSES IN DISTRICT 1 Transfers $2,100 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 166 Intr. by: Ms. Poindexter ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Page 7 Hawaii County Council-8 March 28,2019 Res. 101-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY DEPARTMENT OF PUBLIC WORKS Funds in the amount of$120,000 would be used to purchase bikeshare stations and bicycles. Reference: Comm. 172 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Res. 102-19: 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 ISLAND OF HAWAII YMCA FOR THE EAST HAWAII FAMILY VISITATION CENTER PROGRAM Transfers $1,000 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. 173 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Page 8 Hawaii County Council-8 March 28,2019 Res. 103-19: CREATES THREE NEW TEMPORARY POSITIONS FOR THE HAWAII COUNTY PLANNING DEPARTMENT The Program Manager, Accountant II, and Program Support Technician positions would be used to implement the Federal Emergency Management Agency's Disaster Care Management Program, which will provide social services for people who were displaced and impacted by the Kilauea eruption. Reference: Comm. 179 Intr. by: Ms. Kierkiewicz Waived: FC AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 16: AMENDS ORDINANCE NO. 92-122, WHICH RECLASSIFIED LANDS FROM RESORT-HOTEL, SAFETY (V-S-.75) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-2-033:011, 012, 019, AND 020 (Applicant: Piilani Partners, LLQ (Area: approx. 2.5712 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow a five-year time extension to comply with Condition C (Final Plan Approval) and Condition D (Complete Construction). The applicant is requesting the extension to develop a potable water well and bottling facility and related improvements on the approximately 31,000 square feet portion of this property. The property is located at 525 Pi`ilani Street, at the northeastern corner of Pi`ilani Street-Mililani Street intersection. Reference: Comm. 64 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-8 (Vote on Bill 16 is on the next page) Page 9 Hawaii County Council-8 March 28,2019 POSTPONED TO THE CALL OF THE CHAIR: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Bill 23: AMENDS: (1) ORDINANCE NO. 09-049, WHICH AMENDED ORDINANCE NO. 95-118, WHICH AMENDED ORDINANCE NO. 92-036, WHICH RECLASSIFIED LANDS FROM UNPLANNED (U) AND DOUBLE-FAMILY RESIDENTIAL—3,750 SQUARE FEET (RD-3.75) TO MULTIPLE FAMILY RESIDENTIAL—2,500 SQUARE FEET (RM-2.5) AND VILLAGE COMMERCIAL 7,500 SQUARE FEET (CV-7.5), RESPECTIVELY, AT HIENALOLI 4TH AND 5TH, NORTH KONA, HAWAII, TAX MAP KEY: 7-5-010: PORTION OF 013 (FORMERLY 7-5-023:063); AND (2) ORDINANCE NO. 09-050, WHICH AMENDED ORDINANCE NO. 06-138, WHICH AMENDED ORDINANCE NO. 90-010, WHICH AMENDED ORDINANCE NO. 86-049, WHICH RECLASSIFIED LANDS FROM MULTIPLE FAMILY RESIDENTIAL—2,000 SQUARE FEET (RM-2) TO VILLAGE COMMERCIAL—7,500 SQUARE FEET (CV-7.5) AT HIENALOLI 5TH AND 6TH, NORTH KONA, HAWAII, TAX MAP KEY: 7-5-010: PORTION OF 013 (FORMERLY 7-5-023:064 AND 067) (Applicant: T & M Properties, LLC (formerly Samson, LLC) (Area: approx. 6.467 Acres) The Leeward Planning Commission forwards its favorable recommendation to this amendment to change of zone Ordinances 09-49 and 09-50, to consolidate these ordinances with one ordinance with a single set of conditions of approval. The applicant is requesting a five-year time extension to Condition C (Complete Construction), and to amend Conditions D (Dedicate Road Widening Strip), and N (Fair Share Contribution). This amendment would allow the applicant to develop a 104-unit senior independent living community. The property is located along the north and east side of Hualalai Road, northwest of the Aloha Kona Subdivision. Reference: Comm. 92 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-9 Postponed: March 13, 2019 (Note: There is a motion by Ms. Kierkiewicz, seconded by Ms. Eoff, to approve Bill 23.) (Vote on Bill 23 is on the next page) Page 10 Hawaii County Council-8 March 28,2019 AMENDED TO DRAFT 2 AND PASSED IST READING: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Bill 33: AMENDS ORDINANCE NO. 06-107, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL—20,000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-034:012 (Applicant: Makalika 521, LLC) (Area: 20,000 Square Feet) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow five-year time extensions to Condition B (Time to Complete Conversion), Condition D (Future Road Widening), and Condition E (Off-site Infrastructure Improvements). The extension would allow the applicant to construct a new commercial structure intended for office and small retail types of uses. The property is located at 680 Manono Street, along the west side of Manono Street, midway between Kekuanao`a Street and Hualani Street. Reference: Comm. 134 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-13 PASSED IST READING: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Poindexter—2. Excused: None. Page 11 Hawaii County Council-8 March 28,2019 Bill 38: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Section 24-257, Schedule 5 (35 mile per hour limit), Subsection (c), South Hilo, by revising an existing listing for a portion of Kukdau Street. Reference: Comm. 156.2 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-3 PASSED IST READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Bill 39: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Section 24-256, Schedule 4 (30 mile per hour limit), Subsection (c), South Hilo, by adding a new listing for a portion of Kukdau Street. Reference: Comm. 157 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-4 PASSED IST READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Page 12 Hawaii County Council-8 March 28,2019 Bill 40: DESIGNATES TAX MAP KEY: 6-8-041:008 AS THE"KAMAKOA NUI PARK"PURSUANT TO CHAPTER 15, ARTICLE 8, SECTION 15-67 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED); AMENDS SECTION 15-68.1 TO ADD THE "KAMAKOA NUI PARK" TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE; AND AMENDS CHAPTER 14, ARTICLE 1, SECTION 14-1, RELATING TO PROHIBITING THE POSSESSION OR CONSUMPTION OF INTOXICATING LIQUORS AT ALL TIMES Reference: Comm. 158 Intr. by: Mr. Richards Waived: PRC PASSED IST READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Bill 41: 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 Short Term Vacation Rental Registration Fees account ($800,000); and appropriates the same to the Short Term Vacation Rental Enforcement account. Funds would be used to hire temporary workers and purchase software to implement the provisions of Ordinance 18-114. Reference: Comm. 168 Intr. by: Ms. David (B/R) Waived: FC PASSED IST READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Page 13 Hawaii County Council-8 March 28,2019 Bill 42: 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 Increases the Office of Management Village 9 Homeless and Affordable Rental Project by $20,000, for a total appropriation of$204,000. Funds shall be provided from State Grants Receivable and would be used to develop master plans for a Homeless Facility and an Affordable Rental Project. Reference: Comm. 169 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 PASSED IST READING: Ayes: Council Members Chung, David, Kierkiewicz, Richards, Villegas, and Acting Chair Eoff—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Poindexter—3. Excused: None. Bill 43: AMENDS ORDINANCE NO. 17-48, WHICH AUTHORIZED THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR SOLID WASTE IMPROVEMENT PROJECTS AND AUTHORIZED THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING THE SOUTH HILO SANITARY LANDFILL FINAL CLOSURE PROJECT Increases the original bond issuance from $20 million to $24 million. Reference: Comm. 170 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 47-5, Hawaii Revised Statutes PASSED IST READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Page 14 Hawaii County Council-8 March 28,2019 Bill 44: 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 Increases the Environmental Management South Hilo Sanitary Landfill Closure— State Revolving Fund project by $3 million, for a total appropriation of $23 million. Funds for this project shall be provided from State Revolving Funds and would be used for construction management and contingencies. Reference: Comm. 171 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 PASSED IST READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Bill 45: 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 Hawaii Island Bikeshare System - Federal account ($120,000); and appropriates the same to the Hawaii Island Bikeshare System— Federal account. Funds would be used to purchase bikeshare stations and bicycles for the Hawaii Island Bikeshare System in Kailua-Kona. Reference: Comm. 172 Intr. by: Ms. David (B/R) Waived: FC PASSED IST READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Page 15 Hawaii County Council-8 March 28,2019 Bill 46: 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 Highway 132 Road Restoration project to the Capital Budget: Federal Highway Administration ($40 million) and County ($10 million), for a total appropriation of$50 million. Funds for this project shall be provided from Federal Grants Receivable ($40 million) and General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources ($10 million). Funds would be used to restore 3.2 miles of road which is inundated by lava, in order to provide property owner access and connectivity to Highway 137. Reference: Comm. 180 Intr. by: Ms. Kierkiewicz Waived: FC 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, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Page 16 Hawaii County Council-8 March 28,2019 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 24: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (Draft 2) CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL— 20,000 SQUARE FEET (CG-20) AT WAIAKEA HOUSE LOTS 2ND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-024:003 (Applicant: Bank of Hawaii) (Area: 40,282 Square Feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to develop a new, single-story, 7,500 square foot office building to house banking functions, to include a drive-through ATM and a 36-stall parking lot to accommodate customers and employees. The property is located at 1339 Kino`ole Street, at the northeast corner of its intersection with West Lanikaula Street. Reference: Comm. 94.2 Intr. by: Ms. Kierkiewicz (B/R) First Reading: March 13, 2019 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Bill 25: 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 —Senior Community Service Employment Program account ($4,778); and appropriates the same to the Senior Community Service Employment Program—Salary and Wages account, bringing the total appropriation to $342,049. Funds would be used for the Department of Parks and Recreation's Senior Training Employment program. Reference: Comm. 107 Intr. by: Ms. David (B/R) First Reading: March 13, 2019 (Vote on Bill 25 is on the next page) Page 17 Hawaii County Council-8 March 28,2019 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Bill 34: 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—Neighborhood/Community Outreach and Protection account ($50,000); and appropriates the same to the Neighborhood/Community Outreach and Protection account. Funds would be used in collaboration with neighborhood watch programs to identify, report, and prevent criminal activities. Reference: Comm. 151 Intr. by: Ms. David (B/R) First Reading: March 13, 2019 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Bill 35: 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—State-wide Multi-Jurisdictional Drug Task Force account ($41,613); and appropriates the same to the State-wide Multi-Jurisdictional Drug Task Force account. Funds would be used to reduce drug threats and drug-related crimes, and to incorporate multi-agency collaboration. Reference: Comm. 152 Intr. by: Ms. David (B/R) First Reading: March 13, 2019 (Vote on Bill 35 is on the next page) Page 18 Hawaii County Council-8 March 28,2019 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Bill 36: 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 —Lava Disaster Assistance—State account ($20,000,000); and appropriates the same to the Lava Disaster Assistance—State account. Funds would be used to provide relief, recovery, mitigation, and remediation assistance for damage, losses, and suffering caused by the 2018 Kilauea eruption. Reference: Comm. 153 Intr. by: Ms. Kierkiewicz First Reading: March 13, 2019 POSTPONED TO APRIL 10, 2019: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Lee Loy and Poindexter—2. Excused: None. Bill 37: 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 General Government, Island-wide 2018 Lava Flow Project Assistance— State Loan project for $40 million to the Capital Budget. Funds for this project shall be provided from State Loan Receivable. Funds would be used to provide relief, recovery, mitigation, and remediation assistance for damage, losses, and suffering caused by the 2018 Kilauea eruption. Reference: Comm. 154 Intr. by: Ms. Kierkiewicz First Reading: March 13, 2019 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter (Vote on Bill 37 is on the next page) Page 19 Hawaii County Council-8 March 28,2019 POSTPONED TO APRIL 10, 2019: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Lee Loy and Poindexter—2. Excused: None. REPORTS PC-11 NOMINATION OF HEATHER KIMBALL TO THE BOARD OF APPEALS (Comm. 146): Requires Council Confirmation by: April 7, 2019 (Section 13-4(1), Hawaii County Charter) CONFIRMED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. PC-12 NOMINATION OF ARNE WERCHICK TO THE KAILUA VILLAGE DESIGN (Comm. 147): COMMISSION Requires Council Confirmation by: April 7, 2019 (Section 13-4(1), Hawaii County Charter) CONFIRMED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. 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. Page 20 Hawaii County Council-8 March 28,2019 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 2:18 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 March 25, 2019. If a response is received after March 25, 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. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") §92-3.5, the Hawaii County Council will be conducting this meeting via videoconference. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Council Members will be present at the following location: • Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401. (Pursuant to HRS §92-7 and Council Rule No. 2, Council Member Susan L. K. Lee Loy will be participating from the Hilo Council Chambers.) Public attendance via videoconference will be available at the Hilo location. Public attendance via courtesy site is also available at the following location until 4:30 p.m. or later in the event public testimony has not been completed: • 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. 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. Page 21 Hawaii County Council-8 March 28,2019 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 22