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HomeMy WebLinkAboutAGE COUNCIL 2019-12-04 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 27'h Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii December 4, 2019 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Pastor Ron Brav of Calvary Chapel Hilo CALL TO ORDER 9:00 a.m. ROLL CALL PLEDGE OF ALLEGIANCE Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Council-27 December 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 November 6, 2019 APPROVED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. COMMUNICATIONS Comm. 312.6: REPORT OF ATTENDANCE OF COUNCIL MEMBERS DAVID, EOFF, AND VILLEGAS AT THE LAW ENFORCEMENT ASSISTED DIVERSION LAUNCH ON NOVEMBER 14, 2019, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Karen Eoff, dated November 18, 2019. FILED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Comm. 636: 2020 HAWAII STATE ASSOCIATION OF COUNTIES' LEGISLATIVE PACKAGE From Council Member Ashley L. Kierkiewicz, dated November 15, 2019. Waived: GREDC FILED COMM. 636 AND APPROVED THE 2020 HSAC LEGISLATIVE PACKAGE AS CONTAINED IN COMM. 636.2: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 2 Hawaii County Council-27 December 4,2019 Comm. 641: APPOINTMENT OF ROY TAKEMOTO AS MANAGING DIRECTOR From Mayor Harry Kim, dated November 20, 2019, submitting for the Council's confirmation the above appointment. Waived: GREDC Requires Council Confirmation by: January 30, 2019 (Section 13-8, Hawaii County Charter) CONFIRMED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. ORDER OF RESOLUTIONS Res. 383-19: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO NA MAMO O KAWA Approves a grant of$97,315 to Na Mamo O Kawa, a 501(c)(3) nonprofit organization, to protect,preserve, and restore the Kawa properties in Ka`u, pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 582 Intr. by: Ms. David Approve: FC-80 ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. Page 3 Hawaii County Council-27 December 4,2019 Res. 384-19: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO HO`OMALU KA`U Approves a grant of$24,250 to Ho`omalu Ka`u, a 501(c)(3)nonprofit organization, to protect,preserve, and restore the Kahua Olohu, Kaunamano, property in Ka`u, pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 583 Intr. by: Ms. David Approve: FC-81 ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Res. 385-19: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO KOHANAIKI `OHANA Approves a grant of$21,680 to Kohanaiki `Ohana, a 501(c)(3)nonprofit organization, to protect,preserve, and restore the `O`oma Beach property in North Kona, pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 584 Intr. by: Ms. Eoff Approve: FC-82 ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 4 Hawaii County Council-27 December 4,2019 Res. 389-19: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO POHAHA I KA LANI Approves a grant of$32,000 to Pohaha I Ka Lani, a 501(c)(3) nonprofit organization, to protect,preserve, and restore the Waipi`o Valley Lookout property in Hamakua, pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 588 Intr. by: Ms. Poindexter Approve: FC-83 ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Res. 400-19: NOMINATES THE NORTH KOHALA ENTERPRISE ZONE FOR RE-DESIGNATION BY THE GOVERNOR Requests the Governor to re-designate the North Kohala Enterprise Zone to allow eligible businesses to receive County and State tax exemptions and reductions to stimulate business and industrial growth. Reference: Comm. 601 Intr. by: Mr. Richards Approve: GREDC-2 ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-27 December 4,2019 Res. 401-19: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED BY THE POLICE DEPARTMENT TOWARDS TRAVEL AND OTHER EXPENSES TO ATTEND THE ADVANCED HOMICIDE/VIOLENT CRIME INVESTIGATOR COURSE Accepts a monetary donation of approximately $2,500 from the International Homicide Investigators Association. Reference: Comm. 602 Intr. by: Ms. David (B/R) Approve: FC-84 ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Res. 402-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE POLICE DEPARTMENT Funds in the amount of$76,444 would be used be used by the Police Department to purchase a shooting simulator for its training program. Reference: Comm. 604 Intr. by: Ms. David (B/R) Approve: FC-85 ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 6 Hawaii County Council-27 December 4,2019 Res. 408-19: 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 FRIENDS OF NELHA FOR REIMBURSEMENT OF EXPENSES RELATED TO THE 10TH ANNUAL OCEAN ENERGY AND ECONOMIC DEVELOPMENT SYMPOSIUM AND WORKSHOP Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Energy account. Reference: Comm. 610 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Res. 410-19: 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 PAHOA SCHOOLS SUPPORT FOUNDATION TO ENHANCE LEARNING, ENGAGE STUDENTS, AND AID IN STUDENT RETENTION Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 616 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 7 Hawaii County Council-27 December 4,2019 Res. 411-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HUA O LAHUI FOR ITS QUEEN KAPIOLANI CANOE REPLICA PROJECT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 617 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Res. 412-19: 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 A REIMBURSEMENT OF EXPENSES FOR THE JAPANESE COMMUNITY ASSOCIATION OF HAWAII'S 2019 BUNKA NO HI PROGRAM Transfers $1,100 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 618 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 8 Hawaii County Council-27 December 4,2019 Res. 413-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ALOHA COUNCIL OF THE BOY SCOUTS OF AMERICA TO ASSIST LOW-INCOME FAMILIES ON HAWAII ISLAND WITH SCOUT MEMBERSHIP FEES AND CAMPING EXPENSES 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. 619 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Res. 414-19: 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 FRIENDS OF NELHA FOR REIMBURSEMENT OF EXPENSES FOR ITS 10TH ANNUAL OCEAN ENERGY AND ECONOMIC DEVELOPMENT SYMPOSIUM AND WORKSHOP Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Energy account. Reference: Comm. 620 Intr. by: Ms. Eoff ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 9 Hawaii County Council-27 December 4,2019 Res. 415-19: 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 ISLAND UNITED WAY FOR THE PURCHASE OF MATERIALS AND SUPPLIES FOR ITS COMMUNITY OUTREACH INITIATIVE Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 621 Intr. by: Mr. Chung ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Res. 416-19: 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 INCURRED AT THE 2019 HAWAII ISLAND ALL NATIONS POWWOW Transfers $750 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 622 Intr. by: Mr. Richards ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 10 Hawaii County Council-27 December 4,2019 Res. 417-19: 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 FRIENDS OF THE LIBRARY OF HAWAII—WAIKOLOA REGION, FOR ITS LITERACY PROJECT 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. 623 Intr. by: Mr. Richards ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Res. 418-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GIRLS TO WOMEN MENTORING HAWAII FOR ITS PROGRAM RELATED EXPENSES Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 624 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 11 Hawaii County Council-27 December 4,2019 Res. 419-19: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED BY THE HAWAII FIRE DEPARTMENT FOR TUITION, TRAVEL, AND OTHER EXPENSES TO ATTEND THE BELL TRAINING ACADEMY Accepts a monetary donation of approximately $7,650 from the Daniel Sayre Memorial Foundation. Reference: Comm. 628 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 113: 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 —State Homeland Security Program account ($164,500); and appropriates the same to the State Homeland Security Program Fiscal Year 2019 account, bringing the total appropriation to $764,500. Funds would be used to support efforts to prevent,protect and respond to incidents, threats, and hazards within the context of terrorism. Reference: Comm. 603 Intr. by: Ms. David (B/R) Approve: FC-86 PASSED IST READING: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 12 Hawaii County Council-27 December 4,2019 Bill 114: 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 —Local Justice Assistance Grant (JAG) Program account ($76,444); and appropriates the same to the Local JAG Program account. Funds would be used by the Police Department to purchase a shooting simulator for its training program. Reference: Comm. 604 Intr. by: Ms. David (B/R) Approve: FC-87 PASSED IST READING: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Bill 119: AMENDS CHAPTER 25, ARTICLE 5, DIVISION 10, SECTION 25-5-102 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PERMITTED USES IN THE"CN" DISTRICT Addresses a drafting error contained in Ordinance No. 19-100. Reference: Comm. 627 Intr. by: Ms. Kierkiewicz (B/R) Waived: PC PASSED IST READING: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 13 Hawaii County Council-27 December 4,2019 Bill 122: 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 Fund Balance from Previous Year account ($32,000); and appropriates the same to the Transfer to Capital Projects Fund—Park Dedication account. Funds would be used to stake and adjust an existing easement of Phase 2 of the Waimea Trails and Greenways Project. Reference: Comm. 635 Intr. by: Ms. David (B/R) Waived: FC PASSED IST READING: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 109: AMENDS CHAPTER 2, ARTICLE 40, SECTION 2-207 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REFERRAL OF BILLS FOR ORDINANCES TO THE ENVIRONMENTAL MANAGEMENT COMMISSION Revises provisions relating to the 45-day period for review of amendments to Chapters 20 (Refuse) and 21 (Sewers). Reference: Comm. 532 Intr. by: Mr. Richards First Reading: November 20, 2019 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 14 Hawaii County Council-27 December 4,2019 Bill 111: AMENDS ORDINANCE NO. 09-90A, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL—COMMERCIAL MIXED —20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-050:043 (Applicant: Trevor R. Rodrigues) (Area: 45,800 sq. ft.) The Windward Planning Commission forwards its favorable recommendation for this amendment, which will allow a five-year time extension to comply with Condition D (Time to Complete Construction) and Condition F (Future Road Widening). The applicant is requesting to construct a veterinary clinic with 25 parking stalls, as well as two other buildings for commercial office and warehouse space. The property is located along the north side of East Kawili Street at the corner of Laukapu Street in the Waiakea Houselots. Reference: Comm. 545 Intr. by: Ms. Kierkiewicz (B/R) First Reading: November 20, 2019 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Bill 116: 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 —Workforce Innovation and Opportunity Act account ($64,806); and appropriates the same to the Workforce Innovation and Opportunity Act Rapid Response 19-20 account. Funds would be used to assist at-risk businesses with rapid response activities to prevent lay-offs or closures, and layoff aversion services to assist displaced workers through training,job fairs, workshops and other activities. Reference: Comm. 606 Intr. by: Ms. David (B/R) First Reading: November 20, 2019 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 15 Hawaii County Council-27 December 4,2019 Bill 117: 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 Sexual Assault Kit Initiative Investigation and Prosecution account ($769,895); and appropriates the same to the 2019 SAKI Investigation and Prosecution account. Funds would be used by the Office of the Prosecuting Attorney for two positions and associated costs for the 2019 Sexual Assault Kit Initiative Investigation and Prosecution program. Reference: Comm. 607 Intr. by: Ms. David (B/R) First Reading: November 20, 2019 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Bill 118: 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 —Workforce Innovation and Opportunity Act account ($64,172); and appropriates the same to the Workforce Innovation and Opportunity Act Rapid Response 20-21 account. Funds would be used for rapid response and layoff aversion activities in Hawaii County. Reference: Comm. 608 Intr. by: Ms. David (B/R) First Reading: November 20, 2019 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. REPORTS PC-36 NOMINATION OF ROSS BIRCH TO THE BANYAN DRIVE HAWAII (Comm. 612): REDEVELOPMENT AGENCY (Vote on PC-36 is on the next page) Page 16 Hawaii County Council-27 December 4,2019 CONFIRMED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. PC-37 NOMINATION OF BENJAMIN NEY TO THE WATER BOARD (Comm. 613): Requires Council Confirmation by: December 14, 2019 (Section 13-4(1), Hawaii County Charter) CONFIRMED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. AWEEMC-14 NOMINATION OF GEORJEAN L. ADAMS TO THE ENVIRONMENTAL (Comm. 611): MANAGEMENT COMMISSION Requires Council Confirmation by: December 14, 2019 (Section 13-4(1), Hawaii County Charter) CONFIRMED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 17 Hawaii County Council-27 December 4,2019 REFERRALS FOR EXECUTIVE SESSION Comm. 640: IN THE MATTER OF COUNTY OF HAWAII (KAINALIU PARKING LOT COMFORT STATION), HILO, HAWAII 96720, RESPONDENT; PROCEEDINGS UNDER SECTIONS 1423(C) OF THE SAFE DRINKING WATER ACT, 42 U.S.C. SECTION 300H-2(C); DOCKET NO. UIC-09-2020-0001 From Deputy Corporation Counsel Danny Patel, dated November 18, 2019, requesting an attorney-client confidential discussion to consult with the Council regarding a proposed settlement between the United States Environmental Protection Agency and the County regarding the alleged operation of a large- capacity cesspool servicing the Kainaliu Parking Lot Comfort Station. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. 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: 11:46 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 December 2, 2019. If a response is received after December 2, 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 18 Hawaii County Council-27 December 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 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 19