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HomeMy WebLinkAboutAGE COUNCIL 2019-10-16 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 24'h Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii October 16, 2019 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Daniel Tomita of Kinoole Baptist Church CALL TO ORDER 9:05 a.m. ROLL CALL PLEDGE OF ALLEGIANCE Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Council-24 October 16,2019 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A L UNCH BREAK A T 11:0 0 A.M.) APPROVAL OF MINUTES September 18, 2019 APPROVED: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 322-19: DECLARES A HAWAII COUNTY CLIMATE EMERGENCY AND (Draft 2) REQUESTS REGIONAL COLLABORATION TOWARDS AN IMMEDIATE NST TRANSITION AND EMERGENCY MOBILIZATION EFFORT TO RESTORE A SAFE CLIMATE Seeks a commitment to rapidly complete the Hawaii Island Climate Action plan, establish goals and objectives to reduce the use of fossil fuels, and support the transition to climate-smart agriculture in an effort to immediately reverse global warming. Reference: Comm. 494.5 Intr. by: Ms. Poindexter Approve: AWEEMC-9 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Page 2 Hawaii County Council-24 October 16,2019 Res. 323-19: AUTHORIZES THE ACCEPTANCE OF A GRANT AWARD OF $100,000 FROM HAWAII COMMUNITY FOUNDATION TO FUND THE HO`OWAIWAI FINANCIAL EMPOWERMENT CENTER FOR HAWAII ISLAND PILOT PROGRAM Accepts a grant award from Hawaii Community Foundation for the Ho`owaiwai Financial Empowerment Center for Hawaii Island Pilot Program. The program would provide free, one-on-one professional financial counseling and other related services and resources to Hawaii County residents. Reference: Comm. 495 Intr. by: Ms. David (B/R) Approve: FC-55 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Res. 324-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF A SEVEN-TON ROLLER FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$2,200. The County would own the equipment at the end of the lease. Reference: Comm. 496 Intr. by: Ms. David (B/R) Approve: FC-56 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Page 3 Hawaii County Council-24 October 16,2019 Res. 325-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF AN EXCAVATOR FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$3,400. The County would own the equipment at the end of the lease. Reference: Comm. 497 Intr. by: Ms. David (B/R) Approve: FC-57 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Poindexter, and Richards —3. Excused: None. Res. 326-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF A TRUCK TRACTOR FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$2,200. The County would own the equipment at the end of the lease. Reference: Comm. 498 Intr. by: Ms. David (B/R) Approve: FC-58 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Page 4 Hawaii County Council-24 October 16,2019 Res. 327-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF TWO BACKHOES FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$3,700 per month. The County would own the equipment at the end of the lease. Reference: Comm. 499 Intr. by: Ms. David (B/R) Approve: FC-59 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Res. 328-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF TWO TRUCKATS FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$6,700. The County would own the equipment at the end of the lease. Reference: Comm. 500 Intr. by: Ms. David (B/R) Approve: FC-60 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Page 5 Hawaii County Council-24 October 16,2019 Res. 329-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF A TANDEM TRAILER FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$1,150. The County would own the equipment at the end of the lease. Reference: Comm. 501 Intr. by: Ms. David (B/R) Approve: FC-61 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Res. 330-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF A BIG BOOM TRUCK FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$4,200. The County would own the equipment at the end of the lease. Reference: Comm. 502 Intr. by: Ms. David (B/R) Approve: FC-62 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Page 6 Hawaii County Council-24 October 16,2019 Res. 331-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF TWO SMALL BOOM TRUCKS FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$5,950. The County would own the equipment at the end of the lease. Reference: Comm. 503 Intr. by: Ms. David (B/R) Approve: FC-63 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Res. 332-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF THREE TRACTOR MOWERS FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$4,100. The County would own the equipment at the end of the lease. Reference: Comm. 504 Intr. by: Ms. David (B/R) Approve: FC-64 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Page 7 Hawaii County Council-24 October 16,2019 Res. 333-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF SIX 15 CUBIC YARD DUMP TRUCKS FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$11,400. The County would own the equipment at the end of the lease. Reference: Comm. 505 Intr. by: Ms. David (B/R) Approve: FC-65 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Res. 334-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF THREE PICKUP TRUCKS FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$2,100. The County would own the equipment at the end of the lease. Reference: Comm. 506 Intr. by: Ms. David (B/R) Approve: FC-66 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Page 8 Hawaii County Council-24 October 16,2019 Res. 335-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF A 100-GALLON FUEL TRUCK FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$1,400 per month. The County would own the equipment at the end of the lease. Reference: Comm. 507 Intr. by: Ms. David (B/R) Approve: FC-67 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Res. 336-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF TWO CREW CAB TRUCKS FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$2,250. The County would own the equipment at the end of the lease. Reference: Comm. 508 Intr. by: Ms. David (B/R) Approve: FC-68 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Page 9 Hawaii County Council-24 October 16,2019 Res. 341-19: 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 FOR REIMBURSEMENT OF EXPENSES RELATING TO THE 2019 HAWAII ISLAND ALL NATIONS POWWOW Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 514 Intr. by: Mr. Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Res. 342-19: 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 FOR THE SAKADA DAY CELEBRATION 2019 Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 515 Intr. by: Mr. Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Page 10 Hawaii County Council-24 October 16,2019 Res. 343-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NORTH KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES RELATED TO A CELEBRATION IN NORTH KOHALA HONORING THE FILIPINO CULTURE Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 516 Intr. by: Mr. Richards ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Res. 344-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA HARVEST, INC., TO PURCHASE A TENT FOR ITS WEEKLY FARMERS' MARKET Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 517 Intr. by: Ms. Poindexter ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Page 11 Hawaii County Council-24 October 16,2019 Res. 345-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA YOUTH FOUNDATION, INC., FOR THE KA HAMAKUA MAKAHIKI Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 518 Intr. by: Ms. Poindexter ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Res. 346-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE TWO SETS OF YOUTH ADJUSTABLE BASKETBALL HOOPS FOR THE KEKUAOKALANI GYMNASIUM Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Recreation Division Equipment account. Reference: Comm. 519 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Page 12 Hawaii County Council-24 October 16,2019 Res. 347-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BOY SCOUTS OF AMERICA, ALOHA COUNCIL FOR AN EAGLE SCOUT PROJECT IN DISTRICT 1 Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 520 Intr. by: Ms. Poindexter ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Res. 348-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII FOR ITS PUUHONUA WELLNESS CTE PATHWAY NETWORK PROGRAM IN WEST HAWAII Transfers $1,800 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. 521 Intr. by: Ms. Eoff ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Page 13 Hawaii County Council-24 October 16,2019 Res. 354-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE OFFICE OF THE PROSECUTING ATTORNEY WITH EXPANDING ITS SAFE DATES PROGRAM TO HAWAII ISLAND HIGH SCHOOLS Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 530 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Poindexter, and Richards —3. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 100: AMENDS CHAPTER 2, ARTICLE 4, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW SECTION RELATING TO AN ANNUAL REVENUE REPORT Requires the Finance Director to submit to the Council detailed information on every fee, rate, or charge established by administrative rule, ordinance, or a County board or commission on or before January 31 of each year. Reference: Comm. 475 Intr. by: Mr. Kaneali`i-Kleinfelder Approve: FC-69 PASSED IST READING: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Page 14 Hawaii County Council-24 October 16,2019 Bill 102: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the Miscellaneous Private Contributions account ($100,000); and appropriates the same to the Ho`owaiwai Financial Empowerment—Private account. Funds would be used to provide free one-on-one professional financial counseling and other related services and resources to Hawaii County residents. Reference: Comm. 495 Intr. by: Ms. David (B/R) Approve: FC-70 PASSED IST READING: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 64: AMENDS CHAPTER 24, ARTICLE 2, SECTION 24-12 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends "Aliyah's Law"by adding that vehicles with window glazing that is not in compliance with State law and that are parked or operating on public highways may be cited and removed at the registered owner's expense. Reference: Comm. 247 Intr. by: Ms. Lee Loy First Reading: May 21, 2019 Postponed: June 4 and 19, 2019 (Note: There is a motion by Ms. Lee Loy, seconded by Mr. Richards, to approve Bill 64.) WITHDRAWN BY INTRODUCER Page 15 Hawaii County Council-24 October 16,2019 Bill 94: AMENDS CHAPTER 25, ARTICLES 2 AND 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO GENERAL ADMINISTRATION AND ZONING DISTRICT REGULATIONS FOR INDOOR AND MAJOR OUTDOOR AMUSEMENT AND RECREATION FACILITIES (Planning Director Initiated) The Windward and Leeward Planning Commissions forward their favorable recommendations for this amendment to the Zoning Code, which would remove the option to obtain a Use Permit to develop major outdoor amusement and recreational facilities in residentially-zoned districts, and add the development of indoor amusement and recreational facilities as a permitted use in the Neighborhood Commercial, Limited Industrial, and General Industrial zoning districts. Reference: Comm. 450 Intr. by: Ms. Kierkiewicz (B/R) First Reading: October 2, 2019 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Bill 95: AMENDS ORDINANCE NO. 19-74, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2019 TO JUNE 30, 2020 Adds the Public Works Waima`au`au Stream Bridge Repair project for $1.3 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources. Funds would be used to replace the concrete deck and bridge railings, which have deteriorated. Reference: Comm. 467 Intr. by: Ms. David (B/R) First Reading: October 2, 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 95 is on the next page) Page 16 Hawaii County Council-24 October 16,2019 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Bill 103: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the Federal Grants —Solutions for Combatting Violent Crimes account ($360,000); and appropriates the same to the Solutions for Combatting Violent Crimes account. Funds would be used by the Office of the Prosecuting Attorney to support innovative prosecution solutions for combatting violent crimes. Reference: Comm. 509 Intr. by: Ms. David (B/R) First Reading: October 2, 2019 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Bill 104: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the Federal Grants —2019 Computer Replacements account ($118,943.41); and appropriates the same to the 2019 Computer Replacements account. Funds would be used to reimburse the Office of the Prosecuting Attorney for the purchase of 59 desktop computers and software licenses. Reference: Comm. 510 Intr. by: Ms. David (B/R) First Reading: October 2, 2019 (Vote on Bill 104 is on the next page) Page 17 Hawaii County Council-24 October 16,2019 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. Bill 105: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the Contribution from Private Source account ($5,000); and appropriates the same to the Roadside Maintenance Service account. Funds would be used by the Department of Public Works to repair and fill potholes on County roads. Reference: Comm. 511 Intr. by: Ms. David (B/R) First Reading: October 2, 2019 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. REPORTS Page 18 Hawaii County Council-24 October 16,2019 REFERRALS FOR EXECUTIVE SESSION Res. 353-19: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, BOARD OF ETHICS IN PETITION NO. 2019-05 Finds that a conflict of interest would exist for the Corporation Counsel to advise the Board of Ethics and provides for the retention of legal services by the County of Maui Office of the Corporation Counsel, with total costs not to exceed $1,000. Reference: Comm. 529 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 ADOPTED: Ayes: Council Members David, Eoff, Kierkiewicz, Poindexter, Villegas, and Chair Chung—6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder, Lee Loy, and Richards —3. Excused: None. 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 consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 10:44 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 October 14, 2019. If a response is received after October 14, 2019, we will try Page 19 Hawaii County Council-24 October 16,2019 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. 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 20