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Home My WebLink AboutAGE COUNCIL 2019-09-04 2018-2020 ACTIONS AARON S. Y. CHUNG MAILE MEDEIROS DAVID Chair & Presiding Officer MATT KANEALIʻI-KLEINFELDER ASHLEY L. KIERKIEWICZ KAREN EOFF SUSAN L. K. LEE LOY Vice Chair 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 st 21 Session ORDER OF BUSINESS Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i September 4, 2019 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Reverend Katlin McCallister of the Church of the Holy Apostles CALL TO ORDER 9:03 a.m. ROLL CALL PLEDGE OF ALLEGIANCE Hawai‘i County is an Equal Opportunity Provider and Employer Hawai‘i County Council-21 September 4, 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 July 24, 2019 APPROVED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 252-19: AUTHORIZES THE ACCEPTANCE OF A DONATION TO BE USED BY THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR TRAVEL AND OTHER EXPENSES TO ATTEND THE CHIEF INFORMATION OFFICER ROUNDTABLE AND SECURITY SUMMITS Accepts a monetary donation of approximately $7,000 from the Center for Technology. Reference: Comm. 406 Intr. by: Ms. David (B/R) Approve: FC-47 ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Page 2 Hawai‘i County Council-21 September 4, 2019 Res. 253-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES GEOLOGICAL SURVEY Funds in the amount of $46,672 would be used to continue the cooperative flood-monitoring program, which consists of the planning and designing of flood management systems such as bridges, culverts, and levees. Reference: Comm. 407 Intr. by: Ms. David (B/R) Approve: FC-48 ADOPTED: Ayes: Council Members David, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Eoff – 1. Excused: None. Res. 261-19: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED BY THE OFFICE OF THE MAYOR FOR TRAVEL AND OTHER EXPENSES TO ATTEND THE HAWAIIAN FESTIVAL IN YURIHAMA, JAPAN Accepts a monetary donation of approximately $2,100 from the town of Yurihama, Japan. Reference: Comm. 415 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 7. Noes: None. Absent: Council Members Eoff and Kanealiʻi-Kleinfelder – 2. Excused: None. Page 3 Hawai‘i County Council-21 September 4, 2019 Res. 262-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE FULL SIZE COLOR SCANNER AND PLOTTER FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $250. Reference: Comm. 416 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Res. 263-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR EMPLOYMENT CONTRACTS FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into four-year employment contracts with an option for additional extensions for seven positions to support the 2018 Kīlauea Eruption recovery efforts. Reference: Comm. 417 Intr. by: Ms. Kierkiewicz Waived: FC AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Chair Chung – 8. Noes: None. Absent: Council Member Villegas – 1. Excused: None. Page 4 Hawai‘i County Council-21 September 4, 2019 Res. 264-19: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2019 HAWAI‘I ISLAND VETERANS DAY PARADE Transfers $500 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 418 Intr. by: Ms. David ADOPTED: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 7. Noes: None. Absent: Council Members Eoff and Kanealiʻi-Kleinfelder – 2. Excused: None. Res. 265-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA‘Ū RURAL TH HEALTH COMMUNITY ASSOCIATION, INC., FOR THE 9 ANNUAL FLOATING LANTERN CELEBRATION Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 419 Intr. by: Ms. David ADOPTED: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 7. Noes: None. Absent: Council Members Eoff and Kanealiʻi-Kleinfelder – 2. Excused: None. Page 5 Hawai‘i County Council-21 September 4, 2019 Res. 266-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO UHANE TH PŌHAKU NA MOKU O HAWAI‘I, INC., FOR ITS 9 ANNUAL HOʻOKUPU HULA NO KA‘Ū CULTURAL FESTIVAL Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 420 Intr. by: Ms. David ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Kanealiʻi-Kleinfelder – 1. Excused: None. Res. 267-19: 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 COOPER CENTER COUNCIL TO ASSIST WITH ITS VOLCANO EMERGENCY RESPONSE PLAN THROUGH THE ESTABLISHMENT OF AN EMERGENCY OPERATIONS CENTER Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Civil Defense Agency, Other Current Expenses account. Reference: Comm. 421 Intr. by: Ms. David ADOPTED: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Page 6 Hawai‘i County Council-21 September 4, 2019 Res. 268-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH HOSTING CRIMINAL JUSTICE RELATED WORKSHOPS AND TRAININGS Transfers $1,500 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. 422 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Kanealiʻi-Kleinfelder – 1. Excused: None. Res. 269-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KUʻIKAHI MEDIATION CENTER FOR VOLUNTEER MEDIATION ADVANCED TRAINING 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. 423 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Kanealiʻi-Kleinfelder – 1. Excused: None. Page 7 Hawai‘i County Council-21 September 4, 2019 Res. 270-19: AUTHORIZES THE COUNTY OF HAWAI‘I TO AWARD FUNDS TO MALAMA ʻO PUNA Awards a $28,000 grant to establish a temporary road for residents and farmers from Malama Ki to access homes and farms lava locked by the 2018 Kīlauea Eruption. Reference: Comm. 427 Intr. by: Ms. Kierkiewicz Waived: FC ADOPTED: Ayes: Council Members David, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. BILLS FOR ORDINANCES (FIRST READING) ORDER OF THE DAY (SECOND OR FINAL READING) Bill 87: AMENDS THE KONA COMMUNITY DEVELOPMENT PLAN, AS ADOPTED (Draft 2) BY ORDINANCE NO. 08-131 The Leeward Planning Commission forwards its favorable recommendation for the proposed amendments to the Kona Community Development Plan. The amendments are intended to address language affecting the ability to develop projects and to clarify the authority of the plan as an ordinance of the County. Reference: Comm. 352.15 Intr. by: Ms. Kierkiewicz (B/R) First Reading: August 7, 2019 Postponed: August 21, 2019 (Note: There is a motion by Ms. Kierkiewicz, seconded by Ms. Lee Loy, to pass Bill 87, Draft 2, on second and final reading; and a subsidiary motion by Ms. David, seconded by Mr. Kanealiʻi-Kleinfelder, to amend Bill 87, Draft 2, with the contents of Comm. 352.16.) ND AMENDED TO DRAFT 3 AND PASSED 2 AND FINAL READING: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Page 8 Hawai‘i County Council-21 September 4, 2019 Bill 90: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – THREE ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-4-080:013 (Applicant: Charles Umemoto) (Area: approximately 7.631 Acres) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow the applicant to apply for a subdivision of the property into 27 lots. The property is located at the end of Mailani Street, on the west side of Ho‘omalu Street, Waiākea Homesteads. Reference: Comm. 366 Intr. by: Ms. Kierkiewicz (B/R) First Reading: August 21, 2019 ND PASSED 2 AND FINAL READING: Ayes: Council Members David, Eoff, Kanealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 9. Noes: None. Absent: None. Excused: None. Bill 92: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the Federal Grants – Bureau of Alcohol, Tobacco, Firearms and Explosives Task Force account ($32,000); and appropriates the same to the Bureau of Alcohol, Tobacco, Firearms and Explosives Task Force account. Funds would be used to reimburse overtime costs incurred by the Hawai‘i Police Department in providing resources to assist with operations of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Reference: Comm. 410 Intr. by: Ms. David (B/R) First Reading: August 21, 2019 ND PASSED 2 AND FINAL READING: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Kanealiʻi-Kleinfelder – 1. Excused: None. Page 9 Hawai‘i County Council-21 September 4, 2019 Bill 93: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Increases revenues in the 2020 Mail-In Elections Cost – State account ($126,688); and appropriates the same to the 2020 Mail-In Elections Cost account. Funds in the amount of $126,688 would be used for startup and transition costs to implement elections by mail. Reference: Comm. 411 Intr. By: Ms. David (B/R) First Reading: August 21, 2019 ND PASSED 2 AND FINAL READING: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung – 8. Noes: None. Absent: Council Member Kanealiʻi-Kleinfelder – 1. Excused: None. REPORTS REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawaiʻi 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: 11:17 a.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 August 30, 2019. If a response is received after August 30, 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. Page 10 Hawai‘i County Council-21 September 4, 2019 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 Hawai‘i Civic Center, 74-5044 Ane Keohokālole 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:  Nā‘ālehu State Office Building, 95-5669 Māmalahoa Highway;  Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa‘au; and  Pāhoa Council Office, 15-2879 Pāhoa 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 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, Hawai‘i, 96720; (2) by facsimile to (808) 961-8912; or (3) by email to counciltestimony@hawaiicounty.gov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestimony@hawaiicounty.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