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HomeMy WebLinkAboutMIN COUNCIL 2019-10-02 2018-2020 Hawaii County Council 23rd Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii October 2, 2019 INVOCATION: Pastor Jacob Bratton of The Salvation Army Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:06 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting Chair. ROLL CALL: Present: Mr. Aaron S. Y. Chung, Chair Ms. Karen Eoff, Vice Chair Ms. Maile Medeiros David, Member Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo) Ms. Ashley L. Kierkiewicz, Member (via videoconference from Hilo) Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member (via videoconference from Hilo) Ms. Rebecca Villegas, Member Absent & Excused: Mr. Herbert M. "Tim" Richards, III, Member MR. HENRICKS: We have a looping audio right now. ACTING CHR. EOFF: Should we take a break to fix that? MR. HENRICKS: Yeah, if we'd just have a recess to address this. ACTING CHR. EOFF: Okay, before we go any further, I'd just like to take a quick recess to fix our audio problem. MR. HENRICKS: Thank you. Recess: At 9:06 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 9:08 a.m. Hawaii County Council-23 October 2,2019 PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. Villegas led the Council in the Pledge of Allegiance.) PETITIONS, The Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Acting Chair: Candee Ellsworth: Res. 305-19 (Comm. 476); (representing Community Res. 306-19 (Comm. 477); Enterprises) Res. 307-19 (Comm. 478); and Res. 308-19 (Comm. 479), in support. Jack Vore: Res. 320-19 (Comm. 492), in support. (representing Lions Club of Kona) Virginia Aste: Res. 312-19 (Comm. 483), in support. (representing Orchidland Neighbors) Dennis McCartin: Res. 312-19 (Comm. 483), comment. (representing Orchidland Neighbors and Community Emergency Response Team) Dwight J. Vicente: Bill 94 (Comm. 450); Bill 95 (Comm. 467); and Bill 96 (Comm. 468), comment. Sherri Carden: Res. 312-19 (Comm. 483), in support. (representing Orchidland Neighbors) Page 2 Hawaii County Council-23 October 2,2019 APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Motion to Approve: Ms. Lee Loy moved to approve the Minutes of September 4, 2019. Seconded by Ms. David. ACTING CHR. EOFF: Are there any comments? No? I guess my comment would just be thank you very much for keeping us current with the minutes. That thank you is to the staff All in favor,please say "aye." Vote on Approval of The motion to approve the Minutes of September 4, 2019, Minutes: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff–8. Noes: None. Absent: Council Member Richards – 1. Excused: None. ACTING CHR. EOFF: Mr. Clerk, could you, let's see—well, I have a few requests to take some resolutions out of order. So, would you mind taking Resolution 321 first? Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Res. 321-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE FUNDING FOR OVERTIME WAGES FOR EMERGENCY MEDICAL SERVICES PERSONNEL WORKING THE 26TH ANNUAL KWXX HO`OLAULE`A Transfers $2,200 from the Clerk-Council Services –Contingency Relief account (Council District 2); and credits to the Hawaii Fire Department, Fire Protection Salaries and Wages account. Reference: Comm. 493 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 321-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: I believe we have Lance Uchida with Fire, if you would like to say something or if you have any questions, Council Members, or comments. Seeing none, then, all in favor please say "aye." Page 3 Hawaii County Council-23 October 2,2019 Vote on Res. 321-19: The motion to adopt Res. 321-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Resolution 321 is adopted. Fire is also here for Resolution 340. Res. 340-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE FIRE APPARATUS AND ONE BRUSH TRUCK FOR THE FIRE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$21,000. The County would own the equipment at the end of the lease. Reference: Comm. 512 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 340-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes, I believe this is self-explanatory, unless Fire would like to say something. But a waiver was requested to expedite this transaction. So, I get it; time is of the essence for this one. So, I ask for your support, and I yield. ACTING CHR. EOFF: Okay, thank you. Council Members, do you have any questions, comments? Seeing none, all in favor please say "aye." Page 4 Hawaii County Council-23 October 2,2019 Vote on Res. 340-19: The motion to adopt Res. 340-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Okay, I was also asked to go to Resolution 315. Res. 315-19: 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'S ADAPTIVE SWIMMING PROGRAM IN WEST HAWAII Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Aquatics Pools Equipment account. Reference: Comm. 486 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 315-19. Seconded by Ms. David. ACTING CHR. EOFF: I believe Kelly Deleon from Parks and Rec. (Recreation) is in Hilo. Would you like to comment, Ms. Villegas? MS. VILLEGAS: I just thank everyone for your continued support for this great program that helps people with certain needs be able to get in the water and enjoy some activities. ACTING CHR. EOFF: Thank you. Any other comments? Seeing none, all in favor please say "aye." Vote on Res. 315-19: The motion to adopt Res. 315-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. Page 5 Hawaii County Council-23 October 2,2019 ACTING CHR. EOFF: We don't really have to, but there's two others on that same topic. We can come back to them. I just want to make sure Parks and Rec. didn't have any comments. And then there's another request for Resolution 302. Res. 302-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT WITH SPECTRUM (CHARTER COMMUNICATIONS) Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$1,710, to increase internet connection speeds to computer server centers at the Hilo Civil Defense Agency and the West Hawaii Civic Center. Reference: Comm. 466 Intr. by: Ms. David (B/R) Approve: FC-52 Motion to Approve: Ms. David moved to adopt Res. 302-19 and Finance Committee Report No. 52. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Are there any questions? MS. DAVID: I just would like your continued support. This passed out of Committee unanimously and one absent. So, thank you very much. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." Vote on Res. 302-19: The motion to adopt Res. 302-19 and Finance Committee (Adopted) Report No. 52 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Okay. We have a few people who are waiting here from the Prosecutor's Office, Resolution 337. Page 6 Hawaii County Council-23 October 2,2019 Res. 337-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY Funds in the amount of $360,000 would be used to support innovative prosecution solutions for combatting violent crimes. Reference: Comm. 509 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 337-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: We do have Deputy Prosecutor Dale Ross here. Ms. David. MS. DAVID: Yes. Deputy, would you like to come forward? (Note: At this time, First Deputy Prosecuting Attorney Dale Ross came forward to address the members of the Council.) MS. DAVID: The department requested that this be waived because there's some urgency. If you could please just describe this great program and then the urgency. MS. ROSS: Last fiscal year, we hired, for a very short period, a grant writer to assist our office to apply to various grants that are available through the Department of Justice. Lo and behold, we were awarded this grant. What it enables us to do is to partner with the Hawaii County Police Department, No. 1, and other various providers in the community. Our lead deputy has been identified to be Kelden Waltjen. The grant will assist us in paying for some of Mr. Waltjen's time towards the activities involved in this grant. And what we intend to do is enhance our career criminal program to identify offenders who are involved in violent crime who are highly likely to keep repeating their behavior, and to come up with innovative ways using this collaborative taskforce kind of approach to help the community reduce its violent crime statistics. So, it involves hiring a crime analyst for HPD (Hawai`i Police Department). So, we're in the process of trying to figure out how to do that because the money will be coming through our office. But we'll get it figured out, and hopefully we'll see some results for our County. Page 7 Hawaii County Council-23 October 2,2019 MS. DAVID: Thank you very much. Mahalo to that grant writer and looking forward to having you folks as our neighbors eventually. Thank you very much. I yield, and I ask for your support. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." Vote on Res. 337-19: The motion to adopt Res. 337-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: While you're there, Ms. Ross, we can take up Resolution 338 as well. Res. 338-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII ATTORNEY GENERAL, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY Federally-derived funds in the amount of $118,943.41 would be used to reimburse expenses for the purchase of 59 desktop computers and software licenses. Reference: Comm. 510 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 338-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Are there any questions? MS. DAVID: Yeah. This is alsoa waiver was also requested, so I assume this is an urgent matter also. (Note: At this time, First Deputy Prosecuting Attorney Dale Ross came forward to address the members of the Council.) MS. ROSS: Yes. We were offered these funds by the Attorney General's Office to replenish about two-thirds of our staff computers. This is very essential to our work. As you know, everything is on the computer these days. And all of our Page 8 Hawaii County Council-23 October 2,2019 systems, including those of the judiciary, are all by computer. It's essential that our staff have computers that are working properly. So, thank you for your support. MS. DAVID: Much needed. It's about time, yeah. Thank you, and I ask for your support. ACTING CHR. EOFF: Any questions? Seeing none, all in favor please say Ic aye. Vote on Res. 338-19: The motion to adopt Res. 338-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Resolution 338 is adopted. Let's see. Could you go to Resolution 305? Res. 305-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO COMMUNITY ENTERPRISES FOR EXPENSES ASSOCIATED WITH CONDUCTING ITS COMMUNITY FORUMS IN WEST HAWAII Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 476 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 305-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Are there any questions or comments? MS. DAVID: I just ask for your support for this worthy cause and much-needed enterprise for the Kona community. ACTING CHR. EOFF: Thank you for your testimony earlier. Page 9 Hawaii County Council-23 October 2,2019 MS. DAVID: Thank you, yes. Mahalo. ACTING CHR. EOFF: All in favor,please say "aye." Vote on Res. 305-19: The motion to adopt Res. 305-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff–8. Noes: None. Absent: Council Member Richards – 1. Excused: None. ACTING CHR. EOFF: Resolution 305 is adopted. Were there any other people waiting? Which ones were you—were you waiting? Okay, so two of them are for the same thing. We'll take 309. Res. 309-19: 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 EXPENSES RELATING TO A SUBSTANCE ABUSE PREVENTION SUMMIT FOR YOUTH Transfers $500 from the Clerk-Council Services –Contingency Relief account (Council District 9); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 480 Intr. by: Mr. Richards Vote on Res. 309-19: Ms. Lee Loy moved to adopt Res. 309-19. Seconded by (Adopted) Ms. Villegas and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff–8. Noes: None. Absent: Council Member Richards – 1. Excused: None. ACTING CHR. EOFF: Resolution 309 is adopted. And then, I believe Prosecutor's is also Resolution 318. Mr. Clerk, Resolution 318. Page 10 Hawaii County Council-23 October 2,2019 Res. 318-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO REIMBURSE THE OFFICE OF THE PROSECUTING ATTORNEY FOR EXPENSES ASSOCIATED WITH EDUCATIONAL SUBSTANCE ABUSE PREVENTION WORKSHOPS HELD IN SEPTEMBER 2019 Transfers $200 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. 490 Intr. by: Ms. Eoff Motion to Approve: Ms. Lee Loy moved to adopt Res. 318-19. Seconded by Ms. Villegas. ACTING CHR. EOFF: Thank you for being here today. I appreciate it. All in favor,please say "aye." Vote on Res. 318-19: The motion to adopt Res. 318-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Resolution 318 is adopted. And I think Prosecutor's, well, it's the same one, but I'll just take Resolution 319 since we're there. Res. 319-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO THE OFFICE OF THE PROSECUTING ATTORNEY FOR REIMBURSEMENT OF EXPENSES RELATED TO THE 2019 STUDENT LEADERSHIP SUMMIT Transfers $200 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 491 Intr. by: Ms. Villegas Page 11 Hawaii County Council-23 October 2,2019 Motion to Approve: Ms. Villegas moved to adopt Res. 319-19. Seconded by Ms. David. ACTING CHR. EOFF: Are there any more questions or comments? MS. VILLEGAS: I just want to say thank you to the Prosecutor's Office for helping to facilitate programs like this for our young people to step into positions of leadership. I think it's imperative. And having grown up here on the Big Island and having had some opportunities to participate in similar programs, I think it is to the utmost benefit of our community and our State and our world. So, thank you for facilitating that. ACTING CHR. EOFF: All in favor,please say "aye." Vote on Res. 319-19: The motion to adopt Res. 319-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Resolution 319 is adopted. Okay, I think the only other one that I've been told there is Mr. Jeff Darrow in Hilo, and he is waiting on Bill 94. If he's still there, we could jump down to the bills for first reading, first item. 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) Approve: PC-30 Page 12 Hawaii County Council-23 October 2,2019 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 94 on first reading and adopt Planning Committee Report No. 30. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: I believe Mr. Darrow is at the table. So, if you folks have any comments or questions, he is available. Would you like to make a comment? (Note: At this time, Planner Jeff Darrow came forward to address the members of the Council.) MR. DARROW: Good morning, Chair Eoff and members of the Hawaii County Council. Jeff Darrow with the Planning Department. As mentioned, this is just a simple change to the Zoning Code relating to major outdoor amusement and recreational facilities, as well as indoor amusement and recreational facilities. We're removing a few options in the residential zoning areas to allow for a use permit for major outdoor recreational facilities. We looked in our past records, and we haven't had any requests since 1996 when the Zoning Code was amended for that particular use. And when we reviewed it, it really—even if we were to receive a request such as that, there is a great likelihood that we would not be supportive of that request. So, we are just taking the option off the table, as there are many other zoning districts that it would be more appropriate for. The second amendment is just a housecleaning measure where there's a reference in the use permit section to allow major outdoor amusement and recreational facilities with a use permit in the CN (Neighborhood Commercial) district, but it's not referenced in the actual district. So, we're just placing that reference in the district. And then the last one, which is the main change in this amendment, is to allow for indoor amusement and recreational facilities in the remaining industrial and commercial districts: Neighborhood Commercial, Limited Industrial, and General Industrial. These appear to be operating as such, currently, in many of these zoning districts, and we haven't had any complaints of these types of facilities. Most of them are related to health and wellness, like martial arts studios, weightlifting gyms, CrossFit—those types of things. And the reason why we don't get complaints and we're not really aware of it is that they end up just renting out usually a bay within an existing warehouse in these zoning districts. So, there's no check or balance. There's no permit required, and so there's not really a check and balance there. But again, it appears to be an appropriate use in these zoning districts. Page 13 Hawaii County Council-23 October 2,2019 This request went through the Planning Director, both Planning Commissions, as well as the Planning Committee, and received favorable recommendations. Thank you. ACTING CHR. EOFF: Thank you very much. Are there any questions? No? Thank you. Thank you for cleaning up this section of the Code. Bill 94, all in favor please say "aye." Vote on Bill 94: The motion to pass Bill 94 on first reading and adopt (Approved) Planning Committee Report No. 30 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Bill 94 will move to second reading. Okay, if there's no further requests, we'll move to the top of the agenda. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: COMMUNI- The Acting Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 312.3: REPORT OF ATTENDANCE OF COUNCIL MEMBERS CHUNG, KANEALII-KLEINFELDER, AND KIERKIEWICZ AT A SITE VISIT CONDUCTED ON AUGUST 30, 2019, OF AN AREA IMPACTED BY THE 2018 KILAUEA ERUPTION, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Aaron S. Y. Chung, dated September 3, 2019. Vote on Mr. Chung moved to close file on Comm. 312.3. Seconded Comm. 312.3: by Ms. David and carried by the following voice vote: Filed Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. Page 14 Hawaii County Council-23 October 2,2019 ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (Note: Items in this category were taken up previously, out of order.) Res. 304-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR BUSES AND DRIVERS FOR THE MASS TRANSIT AGENCY Authorizes the Mayor to enter into a three-year agreement to operate the Hele-On Bus Fixed Route Transit Services. The selected contractor will provide drivers to operate County-owned buses for specified routes and provide its own buses and drivers to service the remaining routes. Reference: Comm. 472 Intr. by: Ms. David (B/R) Approve: FC-53 (Note: Comm. 472.5, from Program Manager Tiffany Kai, Mass Transit Agency, dated September 27, 2019, transmitting additional information in support of Resolution 304-19, was circulated.) Motion to Approve: Ms. David moved to adopt Res. 304-19 and Finance Committee Report No. 53. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: Thank you, Chair. We have, I believe, Steve Hunt from the Finance Department in our Hilo office and also, I believe, Malia Hall. If they could come forward to give us a brief explanation on this, whatever they can disclose as far as there was discussion in our prior meeting. Are they there, Hilo? MR. KANEALI`I-KLEINFELDER: Chair? Steve Hunt is not here. We do have Trixy who can come forward—she doesn't want to. MS. DAVID: Okay, if no one else has questions, I believe we talked about this matter as much as we could, and this is just the follow up in order to make this happen. So, I don't have any other follow up questions, and I will yield to my fellow Council Members. ACTING CHR. EOFF: Council Members, do you have any questions? MR. KANEALI`I-KLEINFELDER: Steve Hunt is now here if you do have questions. Page 15 Hawaii County Council-23 October 2,2019 ACTING CHR. EOFF: Are there any questions, Council Members? And, Hilo, just be sure to speak up because I didn't hear you before. MR. KANEALII-KLEINFELDER: So, if anyone has questions for Steve, Steve is here. ACTING CHR. EOFF: Okay, thank you. We don't have any questions on this side. MR. KANEALII-KLEINFELDER: Okay. ACTING CHR. EOFF: And you guys? No? Okay, thank you. Thank you, Mr. Hunt. Sorry about that. All in favor of Resolution 304, please say "aye." Vote on Res. 304-19: The motion to adopt Res. 304-19 and Finance Committee (Adopted) Report No. 53 was carried by the following roll call vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Poindexter, Villegas, and Acting Chair Eoff—6. Noes: Council Members Kierkiewicz and Lee Loy—2. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Thank you very much, Clerk. Motion carries. Res. 306-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO COMMUNITY ENTERPRISES FOR ITS MONTHLY COMMUNITY FORUMS IN WEST HAWAII Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 477 Intr. by: Ms. Eoff Motion to Approve: Ms. Lee Loy moved to adopt Res. 306-19. Seconded by Ms. David. ACTING CHR. EOFF: We heard from a testifier earlier about these events, which I wholeheartedly have been supporting over the years. It provides a lot of outreach into our community, and it's a great service. I'll ask for your support. All in favor,please say "aye." Page 16 Hawaii County Council-23 October 2,2019 Vote on Res. 306-19: The motion to adopt Res. 306-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Resolution 306 is adopted. Res. 307-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO COMMUNITY ENTERPRISES FOR ITS MONTHLY COMMUNITY FORUMS IN WEST HAWAII Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 478 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 307-19. Seconded by Ms. David. ACTING CHR. EOFF: Any further discussion? MS. VILLEGAS: I just concur that community forums are a wonderful way for our community to gather a lot of information about what's going on, and I'm really heartened to hear that they have such a dynamic viewership on the website. So, that's fantastic. ACTING CHR. EOFF: Thank you. All in favor, say "aye." Vote on Res. 307-19: The motion to adopt Res. 307-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. Page 17 Hawaii County Council-23 October 2,2019 Res. 308-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO COMMUNITY ENTERPRISES FOR ITS WEST HAWAII COMMUNITY FORUMS Transfers $1,500 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. 479 Intr. by: Mr. Richards Vote on Res. 308-19: Ms. Lee Loy moved to adopt Res. 308-19. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Resolution 308 is adopted. Res. 310-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL THE COQUI FROG INFESTATION IN COUNCIL DISTRICT 9 Transfers $4,800 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 481 Intr. by: Mr. Richards Motion to Approve: Ms. Lee Loy moved to adopt Res. 310-19. Seconded by Ms. Villegas. ACTING CHR. EOFF: We were just commenting that they must be doing a good job in Waimea trying to control coquis. Okay, all in favor please say "aye." Page 18 Hawaii County Council-23 October 2,2019 Vote on Res. 310-19: The motion to adopt Res. 310-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Resolution 310 is adopted. Res. 311-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE BUNKA NO HI FESTIVAL Transfers $1,100 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 482 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 311-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Are there any comments? MR. KANEALII-KLEINFELDER: I just ask for your continued support. Thank you. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." Vote on Res. 311-19: The motion to adopt Res. 311-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. Page 19 Hawaii County Council-23 October 2,2019 Res. 312-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ORCHIDLAND NEIGHBORS FOR ITS VIRTUAL RESOURCE HUB Transfers $7,665 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Civil Defense Agency, Other Current Expenses account. Reference: Comm. 483 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 312-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Comments? MR. KANEALI`I-KLEINFELDER: I'd like to say that we had our four testifiers in Pahoa this morning, and this is due to their coming to me and asking for something to help their community, specifically for Orchidland. But I think this could be a little bit more far reaching for other people to do as well. A lot of the members are CERT (Community Emergency Response Team) trainers. And when there is an emergency of some kind, they are able to come together, via some of the equipment they're going to be getting with this, to help their community kind of get through an emergency. Call it resiliency, call it containers for people to use during hard times, flooding, fire, hurricanes. It's just a great way for the community to benefit from what we can do here as a Council. And I'm very happy to support their need and support one of my larger subdivisions in this kind of effort. So, I appreciate your support for this resolution. ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye." Vote on Res. 312-19: The motion to adopt Res. 312-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Resolution 312 is adopted. Page 20 Hawaii County Council-23 October 2,2019 Res. 313-19: 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'S ADAPTIVE SWIMMING PROGRAM IN WEST HAWAII Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Aquatics Pools Equipment account. Reference: Comm. 484 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 313-19. Seconded by Ms. Villegas. ACTING CHR. EOFF: Any comments? MS. DAVID: I ask for your support for this great program. ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye." Vote on Res. 313-19: The motion to adopt Res. 313-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Resolution 313 is adopted. Res. 314-19: 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'S ADAPTIVE SWIMMING PROGRAM Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Aquatics Pools Equipment account. Reference: Comm. 485 Intr. by: Ms. Eoff Motion to Approve: Ms. Lee Loy moved to adopt Res. 314-19. Seconded by Ms. David. Page 21 Hawaii County Council-23 October 2,2019 ACTING CHR. EOFF: Just asking for your support and happy to contribute to this program. All in favor, say "aye." Vote on Res. 314-19: The motion to adopt Res. 314-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 316-19: 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 KEAUKAHA SCHOOL FOUNDATION FOR KEAUKAHA ELEMENTARY SCHOOL'S PRESCHOOL ACTIVITIES IN THE 2019-2020 SCHOOL YEAR Transfers $3,063 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 487 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 316-19. Seconded by Ms. David. ACTING CHR. EOFF: Do you have comments, Ms. Lee Loy? MS. LEE LOY: Just ask for your continued support right to the $63. ACTING CHR. EOFF: Thank you. Okay, all in favor say "aye." Page 22 Hawaii County Council-23 October 2,2019 Vote on Res. 316-19: The motion to adopt Res. 316-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Resolution 316 is adopted. Res. 317-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEAUKAHA SCHOOL FOUNDATION TO ASSIST WITH EXPENSES RELATED TO THE INSTALLATION OF TWO WATER STATIONS AT KEAUKAHA ELEMENTARY SCHOOL Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 488 Intr. by: Ms. Lee Loy Vote on Res. 317-19: Ms. Lee Loy moved to adopt Res. 317-19. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Resolution 317 is adopted. Page 23 Hawaii County Council-23 October 2,2019 Res. 320-19: 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 LIONS CLUB OF KONA COMMUNITY FOUNDATION, INC., FOR REIMBURSEMENT OF EXPENSES INCURRED AT THE 37TH ANNUAL HAWAII KUPUNA HULA FESTIVAL Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 492 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 320-19. Seconded by Ms. David. ACTING CHR. EOFF: Any further comments? MS. VILLEGAS: My only comment is I just regret that I wasn't able to attend because we had a conflict in scheduling. But I have heard nothing but amazing reports about this event and the people it serves and the community and `ohanas that it brings together. I just ask for everyone's continued support. ACTING CHR. EOFF: Okay, thank you. All in favor, please say "aye." Vote on Res. 320-19: The motion to adopt Res. 320-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Res. 339-19: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $5,000 TO THE DEPARTMENT OF PUBLIC WORKS Donated by Domino's Pizza to repair and fill potholes on County roads. Reference: Comm. 511 Intr. by: Ms. David (B/R) Waived: FC Page 24 Hawaii County Council-23 October 2,2019 Motion to Approve: Ms. David moved to adopt Res. 339-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Discussion. MS. DAVID: I think we're just shaking our head about this one. It's a great donation. Thank you, Domino's. This is a great—I have a lot of potholes in my district too, right? Okay, I just ask for your support. ACTING CHR. EOFF: Thank you. Any other comments? All in favor, please say "aye." Vote on Res. 339-19: The motion to adopt Res. 339-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff–7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards –2. Excused: None. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Bill 94 was taken up previously, out of order.) 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) Approve: FC-54 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 25 Hawaii County Council-23 October 2,2019 Motion to Approve: Ms. David moved to pass Bill 95 on first reading and adopt Finance Committee Report No. 54. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Comments? Questions? MS. DAVID: I just ask for your support. ACTING CHR. EOFF: Okay. Seeing none, all in favor please say "aye." Vote on Bill 95: The motion to pass Bill 95 on first reading and adopt (Approved) Finance Committee Report No. 54 was carried by the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Bill 95 will go to second reading. 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) Waived: FC Motion to Approve: Ms. David moved to pass Bill 103 on first reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Any comments? MS. DAVID: This is the companion to Resolution 337, and I ask for your continued support. Page 26 Hawaii County Council-23 October 2,2019 ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye." Vote on Bill 103: The motion to pass Bill 103 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 103 will go to second reading. 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) Waived: FC Motion to Approve: Ms. David moved to pass Bill 104 on first reading. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Comments? MS. DAVID: Yes, this is companion to Resolution 338 that we approved, and I ask for your continued support. ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye." Page 27 Hawaii County Council-23 October 2,2019 Vote on Bill 104: The motion to pass Bill 104 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Bill 104 will go to second reading. 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) Waived: FC Motion to Approve: Ms. David moved to pass Bill 105 on first reading. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Comments? MS. DAVID: This is a companion to Resolution 339 that we already passed, and I ask for your continued support. ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye." Vote on Bill 105: The motion to pass Bill 105 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Page 28 Hawaii County Council-23 October 2,2019 ACTING CHR. EOFF: Motion carries. Bill 105 will go to second reading. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 88: AMENDS CHAPTER 20, ARTICLE 3 (REFUSE DISPOSAL), SECTION 20-31 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE DEFINITION OF "PUBLIC PROPERTY" Amends the definition of"public property" to authorize the Department of Environmental Management to tow abandoned vehicles from property owned by the State of Hawaii and Federal government, pursuant to Section 20-38 of the Hawaii County Code. Reference: Comm. 353 Intr. by: Ms. Villegas First Reading: September 18, 2019 Motion to Approve: Ms. Villegas moved to pass Bill 88 on second and final reading. Seconded by Ms. David. ACTING CHR. EOFF: Do you have any comments or anything to add? I know we discussed this at two previous readings. MS. VILLEGAS: I was just really grateful to have received some comments and input from different constituents expressing their gratitude and seeing a difference in what's happening with the abandoned vehicles in our community. ACTING CHR. EOFF: Thank you. Okay, all in favor please say "aye." Vote on Bill 88: The motion to pass Bill 88 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 88 is adopted. Page 29 Hawaii County Council-23 October 2,2019 Bill 96: 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 Waiakea Stream Rehabilitation project for $1 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 repair damage caused by Hurricane Lane to the Waiakea-Uka Flood Control Project. Reference: Comm. 468 Intr. by: Ms. David (B/R) First Reading: September 18, 2019 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. David moved to pass Bill 96 on second and final reading. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any comments? MS. DAVID: Just for your continued support. ACTING CHR. EOFF: All in favor,please say "aye." Vote on Bill 96: The motion to pass Bill 96 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 96 is adopted. Page 30 Hawaii County Council-23 October 2,2019 Bill 97: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Increases revenues in the Federal Grants —SAFE Program account ($299,824); and appropriates the same to the SAFE Program account, bringing the total appropriation to $354,824. Funds would be used for response and victim services in cases involving crimes against women. Reference: Comm. 469 Intr. by: Ms. David (B/R) First Reading: September 18, 2019 Motion to Approve: Ms. David moved to pass Bill 97 on second and final reading. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any comments? MS. DAVID: I just ask for your continued support. Thanks. ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye." Vote on Bill 97: The motion to pass Bill 97 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Bill 97 is adopted. Bill 98: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Increases revenues in the Department of Health—Tobacco Sting account ($4,000); and appropriates the same to the Department of Health—Tobacco Sting account, bringing the total appropriation to $16,000. Funds would be used to help prevent tobacco sales to minors. Reference: Comm. 470 Intr. by: Ms. David (B/R) First Reading: September 18, 2019 Page 31 Hawaii County Council-23 October 2,2019 Vote on Bill 98: Ms. David moved to pass Bill 98 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Bill 98 is adopted. Bill 99: AMENDS ORDINANCE NO. 19-22, WHICH APPROPRIATED CONTRIBUTIONS FROM PRIVATE SOURCES TO THE COUNTY'S 2018 LAVA DISASTER RELIEF ACCOUNT Amends Exhibit A by replacing the Police Department with the Office of the Prosecuting Attorney as the facilitator of the "Safety efforts in Leilani Estates" project. Reference: Comm. 473 Intr. by: Ms. David (B/R) First Reading: September 18, 2019 Vote on Bill 99: Ms. David moved to pass Bill 99 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Bill 99 is adopted. REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. Page 32 Hawaii County Council-23 October 2,2019 FC-51 NOMINATION OF DENISE NAKANISHI TO THE BOARD OF ETHICS (Comm. 465): Requires Council Confirmation by: October 12, 2019 (Section 13-4(1), Hawaii County Charter) Vote on FC-51: Ms. Lee Loy moved to adopt Finance Committee Report (Adopted) No. 51. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Motion carries. PSC-9 NOMINATION OF GUY SCHUTTE TO THE POLICE COMMISSION (Comm. 464): Requires Council Confirmation by: October 12, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PSC-9: Ms. David moved to adopt Public Safety Committee Report (Adopted) No. 9. Seconded by Mr. Chung and carried by the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ACTING CHR. EOFF: Motion carries. That concludes the reports. I'd like to take just a brief recess here. Thank you. Recess: At 10:15 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 10:21 a.m. Page 33 Hawaii County Council-23 October 2,2019 REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: Comm. 53.3: ELAINE SURNOW, ET AL. VS. JODY BUDDEMEYER, ET AL., CIVIL NO. 17-00038 JMS-KSC From Corporation Counsel Joseph K. Kamelamela, dated August 30, 2019, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a discussion regarding the settlement of this matter. Motion to Close Ms. David moved to close file on Comm. 53.3. Seconded File: by Ms. Villegas. ACTING CHR. EOFF: Council Members, we have Corporation Counsel, Mr. Joe Kamelamela, here in the Kona Chambers. (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Good morning, Chair and Vice Chair and members of the County Council. ACTING CHR. EOFF: Good morning. MR. KAMELAMELA: I always get these issues that have come up before. But if none of the Council Members have any questions on what we have presented to you, then there's no need to go into Executive Session, and then just vote. ACTING CHR. EOFF: Okay, thank you. Council Members, we all have received the communication. Are there any questions? Seeing none, all in favor of MR. HENRICKS: Before you close file, what motion is the Corporation Counsel asking for the Council? Is it ? MR. KAMELAMELA: Oh, thank you. Yes,just to approve our recommendation. MR. HENRICKS: So, the standard motion to concur with the Corporation Counsel's recommendation would suffice. ACTING CHR. EOFF: Okay, is that the motion on the floor, then? Page 34 Hawaii County Council-23 October 2,2019 MR. HENRICKS: No, the motion is to close file. So, we can do the motion to concur with Corporation Counsel's recommendation first and then come back to the main motion to close file. ACTING CHR. EOFF: Oh, okay. MR. HENRICKS: Thank you. ACTING CHR. EOFF: Council Members, may I have a motion to concur with the recommendation of Corporation Counsel? Vote on Motion to Ms. David moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 53.3. Seconded by (Approved) Ms. Villegas and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. MR. KAMELAMELA: Thank you. ACTING CHR. EOFF: Now, we'll take a vote to close file on Communication 53.3. All in favor, say "aye." Vote on Comm. 53.3 The motion to close file on Comm. 53.3 was carried by the Filed following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. ACTING CHR. EOFF: Motion carries. Mahalo. OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) Page 35 Hawaii County Council-23 October 2,2019 ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ACTING CHR. EOFF: I believe I need a motion to adjourn. ADJOURN- There being no further business, at 10:24 a.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali'i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff— 8. Noes: None. Absent: Council Member Richards— 1. Excused: None. ACTING CHR. EOFF: This meeting is adjourned. Thank you very much, Council Members. NOV 062019 Council Approval: C JH/dg Page 36