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Home My WebLink AboutAGE COUNCIL 2019-12-18 2018-2020 Hawaii County Clerk 12/12/2019 08:13:47 AM AARON S.Y.CHUNG tY OF p MAILE MEDEIROS DAVID oN.• �`� Chair&Presiding Officer MATT KANEALI`I-KLEINFELDER�?•'��;"'� •••�, ASHLEY L. KIERKIEWICZ KAREN EOFF +: c Vice Chair SUSAN L. K.LEE LOY o=— VALERIE T.POINDEXTER OF NF' HERBERT M. "TIM"RICHARDS,III REBECCA VILLEGAS COUNTY COUNCIL County of Hawai'i Hawai'i County Building 25 Aupuni Street Hilo, Hawai'i 96720 28th Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii December 18, 2019 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Kahu Kealoha Ka`opua of Calvary Community Church in Kona CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Hawai'i County is an Equal Opportunity Provider and Employer Hawai'i County Clerk 12/12/2019 08:13:47 AM Hawaii County Council-28 December 18,2019 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 20, 2019 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 403-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, PURSUANT TO HAWAII REVISED STATUTES 46-7, FOR A GRANT TO THE POLICE DEPARTMENT Accepts funds of$10 million from the State of Hawaii to reimburse the County for overtime costs, supplies, equipment, and other expenses incurred by the department in response to the protest activities related to the construction of the Thirty Meter Telescope on the summit of Mauna Kea. Reference: Comm. 605 Intr. by: Ms. David (B/R) Approve: FC-88 Res. 409-19: ACCEPTS THE DEDICATION OF PARCEL IST (ROAD "A", KALUNA STREET) AND PARCEL 2N�D (ROAD "B", KEALI`I STREET), IDENTIFIED AS TAX MAP KEY: 7-8-010:084 (POR.), SITUATED AT KAHALU`U, KEAUHOU 1 ST, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII FROM KAMEHAMEHA INVESTMENT CORPORATION, A HAWAII CORPORATION The landholder seeks to dedicate the roadway and all improvements for public roadway purposes. Reference: Comm. 615 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-18 Page 2 Hawai'i County Clerk 12/12/2019 08:13:47 AM Hawaii County Council-28 December 18,2019 Res. 420-19: CREATES TWO NEW TEMPORARY POSITIONS FOR THE HAWAII COUNTY DEPARTMENT OF PARKS AND RECREATION Establishes one Community Service Program Assistant and one Community Service Worker III position to support the Elderly Activities Division's paratransit program for seniors. Reference: Comm. 629 Intr. by: Ms. David (B/R) Approve: FC-89 Res. 421-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT Transfers $12,320 from the Hamakua Police—Other Current Expenses account and credits to the North Hilo Police—Other Current Expenses account to maintain operations at the North Hilo Police Station. Reference: Comm. 630 Intr. by: Ms. David (B/R) Approve: FC-90 Res. 422-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY FOR THE COUNTY OF HAWAII, HAWAII FIRE DEPARTMENT Assigns the balance of the ninety-nine year lease to the Hawaii Fire Department to operate its 9 Bravo Volunteer Fire Station. Reference: Comm. 631 Intr. by: Ms. David (B/R) Approve: FC-91 Page 3 Hawai'i County Clerk 12/12/2019 08:13:47 AM Hawaii County Council-28 December 18,2019 Res. 423-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES OF REAL PROPERTY FOR THE COUNTY OF HAWAII DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a seven-year lease agreement with two additional five-year options with W. H. Shipman, Limited, for property in the W. H. Shipman Industrial Park to construct a compost facility. Reference: Comm. 634 Intr. by: Ms. David (B/R) Approve: FC-92 Res. 424-19: GRANTS A VARIANCE FROM CHAPTER 3, SECTIONS 3-5(a), 3-6(b)(3), 3-58(a)(2)(B), 3-58(a)(5)(B), 3-58(c), 3-59(a)(4), and 3-60(a), HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO ALLOW CONSTRUCTION OF GROUND AND WALL SIGNS AT THE PROPERTY LOCATED AT 75-971 HENRY STREET, KAILUA-KONA, HAWAII, 96740, TAX MAP KEY: 7-5-004:007 Grants a sign variance to Kona Owner, LLC for construction of certain ground and wall signs at the Niumalu Marketplace. Reference: Comm. 642 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-19 Res. 425-19: AUTHORIZES THE MAYOR TO ENTER INTO A LICENSE AGREEMENT WITH SPECTRUM OCEANIC, LLC, TO ALLOW SPECTRUM OCEANIC, LLC, TO ACCESS COUNTY OF HAWAII PARKS FACILITIES LOCATED ON THE COUNTY OF HAWAII, STATE OF HAWAII, FOR THE PURPOSE OF INSTALLING WIFI EQUIPMENT The agreement would allow Spectrum to install and maintain free Wi-Fi service to the public for up to one hour per day at six facilities. Reference: Comm. 643 Intr. by: Ms. Poindexter Approve: PRC-1 Page 4 Hawai'i County Clerk 12/12/2019 08:13:47 AM Hawaii County Council-28 December 18,2019 Res. 426-19: 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 TO SUPPORT ITS KONA PU`UHONUA WELLNESS CENTER PROGRAM Transfers $3,000 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. 647 Intr. by: Ms. Villegas Res. 427-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO YWCA OF HAWAII ISLAND FOR REIMBURSEMENT OF EXPENSES RELATED TO THE 2019 FAMILY VIOLENCE SUMMIT Transfers $750 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. 648 Intr. by: Mr. Richards Res. 428-19: 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 `ILIO RESCUE TO SUPPORT ITS ONGOING EFFORTS TO SAVE ANIMALS FROM EUTHANASIA Transfers $3,500 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. 649 Intr. by: Mr. Kaneali`i-Kleinfelder Page 5 Hawai'i County Clerk 12/12/2019 08:13:47 AM Hawaii County Council-28 December 18,2019 Res. 429-19: 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 FOOD BASKET, INC., FOR THE BODACIOUS WOMEN OF PAHOA'S HO`OULU NA KEIKI `O HAWAII BACKPACK PROGRAM 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. 650 Intr. by: Ms. Kierkiewicz Res. 430-19: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED BY THE HAWAII FIRE DEPARTMENT TOWARDS THE EXPANSION OF THE COMMUNITY PARAMEDICINE PROGRAM Accepts a monetary donation of$125,000 from West Hawaii Community Health Center, Inc. Reference: Comm. 656 Intr. by: Ms. David (B/R) Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 115: 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 State Grants—Mauna Kea Costs account ($10 million); and appropriates the same to the Mauna Kea Costs account. Funds from the State of Hawaii would be used to reimburse the County for overtime costs, supplies, equipment, and other expenses incurred by the Police Department in response to the protest activities related to the construction of the Thirty Meter Telescope on the summit of Mauna Kea. Reference: Comm. 605 Intr. by: Ms. David (B/R) Approve: FC-93 Page 6 Hawai'i County Clerk 12/12/2019 08:13:47 AM Hawaii County Council-28 December 18,2019 Bill 120: 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 Fire Department Private Contributions account ($125,000); and appropriates the same to the Fire Department Private Contributions account. Funds provided by the West Hawaii Community Health Center, Inc. would be used for the expansion of the Community Paramedicine Program. Reference: Comm. 632 Intr. by: Ms. David (B/R) Approve: FC-94 Bill 121: 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 Banyan Drive Roadway Improvements project for $500,000 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 for sidewalks, roadway widening, drainage, and additional street lighting. Reference: Comm. 633 Intr. by: Ms. David (B/R) Approve: FC-95 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter ORDER OF THE DAY (SECOND OR FINAL 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) First Reading: December 4, 2019 Page 7 Hawai'i County Clerk 12/12/2019 08:13:47 AM Hawaii County Council-28 December 18,2019 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) First Reading: December 4, 2019 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) First Reading: 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) First Reading: December 4, 2019 REPORTS PC-38 NOMINATION OF JUDY SIGRID HOWARD TO THE WATER BOARD (Comm. 625): Requires Council Confirmation by: December 28, 2019 (Section 13-4(1), Hawaii County Charter) Page 8 Hawaii County Clerk 12/12/2019 08:13:47 AM Hawaii County Council-28 December 18,2019 PSC-12 NOMINATION OF ANTHONY SUR TO THE POLICE COMMISSION (Comm. 626): Requires Council Confirmation by: December 28, 2019 (Section 13-4(l), Hawaii County Charter) REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 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 16, 2019. If a response is received after December 16, 2019, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter"HRS") §92-3.5, the Hawaii County Council will be conducting this meeting via videoconference. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Council Members will be present at the following location: • Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401. (Pursuant to HRS §92-7 and Council Rule No. 2, Council Members Aaron S. Y. Chung, Matt Kaneali`i-Kleinfelder, Ashley L. Kierkiewicz, and Susan L. K. Lee Loy will be participating from the Hilo Council Chambers.) Public attendance via videoconference will be available at the Hilo location. Public attendance via courtesy site is also available at the following location until 4:30 p.m. or later in the event public testimony has not been completed: • Waimea Council Office, Parker Square, 65-1279 Kawaihae Road, Suite 109. Page 9 Hawaii County Clerk 12/12/2019 08:13:47 AM Hawaii County Council-28 December 18,2019 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 http://www.hawaiicounty_gov. Copies of this agenda and items listed on the agenda are available on the County Clerk-Council web page at http://www.hawaiicounty.gov/lb-council-meeting. For further information, please call 961-8255. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or(3)by email to counciltestimonyghawaiicounty.gov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestimonyghawaiicounty.gov before 12:00 noon on the business day prior to the meeting. The email shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution or report number), and number of testifiers on the video submittal. Each video submittal shall be limited to a single agenda item. Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Viewing of Meetings is Available on Public, Education, and Government Television. Please call Na Leo TV at (808) 935-8874 for Channel 55 schedule of Council and Committee meetings. Page 10