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Home My WebLink AboutAGE COUNCIL 2020-01-22 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 30'h Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii January 22, 2020 9:00 a.m. (Note: Please turn all communication devices to silent mode.) INVOCATION Senior Pastor Bill Dierking of Kona Coast Baptist Church CALL TO ORDER 9:12 a.m. ROLL CALL PLEDGE OF ALLEGIANCE Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Council-30 January 22,2020 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 December 18, 2019 APPROVED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. COMMUNICATIONS Comm. 706: NOMINATION OF GREGORY CHARLES HENKEL TO THE FIRE COMMISSION From Mayor Harry Kim, dated January 2, 2020, submitting for the Council's review and confirmation the above nomination. Waived: PSC Requires Council Confirmation by: February 15, 2020 (Section 13-4(1), Hawaii County Charter) CONFIRMED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ; and Comm. 706.1: From Public Safety Committee Chairperson Rebecca Villegas, dated January 14, 2020, requesting this matter be waived from the Committee on Public Safety to the full Council. Page 2 Hawaii County Council-30 January 22,2020 Comm. 708: REQUESTS TO INCREASE THE COMPENSATION AMOUNT TO LEONG KUNIHIRO BENTON & BROOKE AS SPECIAL COUNSEL TO THE DEPARTMENT OF HUMAN RESOURCES, HEALTH & SAFETY DIVISION, WORKERS' COMPENSATION BRANCH From Corporation Counsel Joseph K. Kamelamela, dated January 13, 2020, requesting authorization to amend the agreement by increasing the compensation amount from $300,000 to $350,000. Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter APPROVED THE REQUEST FOR AMENDED AGREEMENT: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ORDER OF RESOLUTIONS Res. 431-20: DIRECTS HAWAII COUNTY TO STRATEGICALLY ADDRESS ITS ESCALATING HOUSING CRISIS WITH URGENCY Advocates a multi-pronged approach to significantly expand affordable housing opportunities on Hawaii County, including the creation of an Affordable Housing Fund, the establishment of a"Hawai`i County Housing Coalition", and the development of a comprehensive housing plan. Reference: Comm. 657 Intr. by: Ms. Kierkiewicz Approve: FC-100 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. Page 3 Hawaii County Council-30 January 22,2020 Res. 432-20: URGES THE COUNTY OF HAWAII TO ESTABLISH FUNDING IN FISCAL YEAR 2020-2021 FOR A COMPREHENSIVE AUDIT AND ANALYSIS OF CHAPTER 23, SUBDIVISIONS, AND CHAPTER 25, ZONING, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED) Seeks an appropriation of$125,000 for the purpose of funding a consultant for the Planning Department to complete the audit. Reference: Comm. 658 Intr. by: Ms. Kierkiewicz Approve: PC-44 ADOPTED: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. Res. 458-20: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR HOUSING ASSISTANCE PAYMENT CONTRACT WITH AINAKEA SENIOR RESIDENCES, LLP, OWNERS OF AINAKEA SENIOR RESIDENCES, FOR THE SECTION 8 PROJECT-BASED VOUCHER PROGRAM AS OFFERED THROUGH A PUBLIC NOTICE DATED JULY 26, AUGUST 2 AND 9, 2009 Requests the Council to authorize the extension of the initial master agreement to February 28, 2030, to continue providing rental assistance for up to 29 eligible elderly participants. Reference: Comm. 685 Intr. by: Ms. David (B/R) Approve: FC-101 ADOPTED: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. Page 4 Hawaii County Council-30 January 22,2020 Res. 459-20: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR HOUSING ASSISTANCE PAYMENT CONTRACT WITH THE PROPERTY OWNERS OR PROPERTY MANAGERS OF SELECTED PROJECTS FOR THE SECTION 8 PROJECT-BASED VOUCHER PROGRAM AS OFFERED THROUGH A PUBLIC NOTICE DATED FEBRUARY 18 AND 19, 2019 Authorizes the Mayor to enter into a multi-year agreement for proposed voucher projects at Kaiaulu O Kapiolani, Kaloko Heights, Papa`aloa Elderly Housing, and West Kawili Street Senior Project. Reference: Comm. 686 Intr. by: Ms. David (B/R) Approve: FC-102 ADOPTED: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. Res. 466-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TWO BOAT MOTORS FROM THE KUKIO GOLF AND BEACH CLUB The donation, valued at $18,000, would be used by the Hawaii Fire Department's Kailua Station. Reference: Comm. 705 Intr. by: Ms. David (B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-30 January 22,2020 Res. 467-20: 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 ASSIST WITH EXPENSES RELATED TO ITS EAST HAWAII PUUHONUA WELLNESS CENTER PROGRAM Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 707 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. Res. 468-20: AUTHORIZES THE ACCEPTANCE OF ALL FUTURE DONATIONS FROM THE DANIEL R. SAYRE MEMORIAL FOUNDATION TO THE COUNTY OF HAWAII Provides authorization in advance of future donations to establish an expeditious manner of accepting donations of possible life-saving equipment and training. Reference: Comm. 709 Intr. by: Mr. Chung and Ms. David Waived: FC ADOPTED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 6 Hawaii County Council-30 January 22,2020 BILLS FOR ORDINANCES (FIRST READING) Bill 128: 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 —Nutrition Services Incentive Program account ($20,000); and appropriates the same to the Nutrition Services Incentive Program account, bringing the total appropriation to $120,000. Funds will be used for home delivered meal services for the elderly. Reference: Comm. 687 Intr. by: Ms. David (B/R) Approve: FC-103 PASSED IST READING: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 124: 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 Paniolo Avenue Rehabilitation project for $5.5 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 for paving and rehabilitating Paniolo Avenue in Waikoloa. Reference: Comm. 644 Intr. by: Ms. David (B/R) First Reading: January 8, 2020 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter PASSED 2ND AND FINAL READING: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. Page 7 Hawaii County Council-30 January 22,2020 Bill 125: 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 Plumeria Street Rehabilitation project for $4 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 for paving and rehabilitating Plumeria Street in Honoka`a. Reference: Comm. 645 Intr. by: Ms. David (B/R) First Reading: January 8, 2020 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter PASSED 2ND AND FINAL READING: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. Bill 126: AMENDS CHAPTER 5, ARTICLE 5, SECTION 5-84, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ENERGY CONSERVATION Updates the County's Energy Conservation Code provisions by replacing the 2006 International Energy Conservation Code with the 2015 International Energy Conservation Code, and incorporating 46 amendments to promote the design of energy-efficient building envelopes and the installation of energy-efficient mechanical, lighting, and power systems in the County of Hawaii, while taking into consideration local conditions and providing options to mitigate increases in the cost of construction. Reference: Comm. 646 Intr. by: Ms. Lee Loy (B/R) First Reading: January 8, 2020 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. Page 8 Hawaii County Council-30 January 22,2020 Bill 127: AMENDS CHAPTER 12 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PROCEEDINGS FOR THE FORMATION OF IMPROVEMENT DISTRICTS Modifies provisions to increase efficiency and program flexibility to encourage the formation of improvement districts. Reference: Comm. 655 Intr. by: Ms. David (B/R) First Reading: January 8, 2020 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. Bill 129: 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 —Speed Enforcement account ($137,715); and appropriates the same to the Speed Enforcement account, bringing the total appropriation to $287,715. Funds would be used for speed enforcement operations. Reference: Comm. 699 Intr. by: Ms. David (B/R) First Reading: January 8, 2020 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. Page 9 Hawaii County Council-30 January 22,2020 Bill 130: 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 Transfer from General Fund account ($6,000); and appropriates the same to the Homeless Taskforce account. Funds would be used for outreach and engagement services in West Hawaii. Reference: Comm. 700 Intr. by: Ms. David (B/R) First Reading: January 8, 2020 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. Bill 131: 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 Increases the Mass Transit Agency Hub and Spokes project by $1.45 million, for a total appropriation of$2 million. Funds shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources and would be used for land acquisition, planning, design, and construction. Reference: Comm. 701 Intr. by: Ms. Kierkiewicz First Reading: January 8, 2020 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter POSTPONED TO FEBRUARY 5, 2020: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: Council Member Richards — 1. Absent: Council Member Chung— 1. Excused: None. Page 10 Hawaii County Council-30 January 22,2020 Bill 132: 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 Office of Management Village 9 Homeless and Affordable Rental Project for $4 million to the Capital Budget. Funds for this project shall be provided from State Grants Receivable. Funds would be used for planning, design, construction, and dedication of an access road. Reference: Comm. 704 Intr. by: Ms. David (B/R) First Reading: January 8, 2020 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter PASSED 2ND AND FINAL READING: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. REPORTS PC-42 NOMINATION OF NICOLE LUI TO THE HAWAII COUNTY CULTURAL (Comm. 688): RESOURCES COMMISSION CONFIRMED: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. PC-43 NOMINATION OF MARK VAN PERNIS TO THE LEEWARD PLANNING (Comm. 689): COMMISSION Negative Recommendation: Due to a vote of 2-ayes, 5-noes, 2-absent Requires Council Confirmation by: February 2, 2020 (Section 13-4(1), Hawaii County Charter) (Vote on PC-43 is on the next page) Page 11 Hawaii County Council-30 January 22,2020 CONFIRMED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Poindexter, Villegas, and Acting Chair Eoff—6. Noes: Council Members Kierkiewicz, Lee Loy, and Richards —3. Absent: None. Excused: None. PSC-13 NOMINATION OF BENJAMIN AGDEPPA TO THE FIRE COMMISSION (Comm. 690): Requires Council Confirmation by: February 2, 2020 (Section 13-4(1), Hawaii County Charter) CONFIRMED: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. PSC-14 NOMINATION OF DONNA MAE SPRINGER TO THE POLICE (Comm. 691): COMMISSION Requires Council Confirmation by: February 2, 2020 (Section 13-4(1), Hawaii County Charter) CONFIRMED: Ayes: Council Members David, Kierkiewicz, Poindexter, Richards, Villegas, and Acting Chair Eoff—6. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: Council Member Lee Loy— 1. 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 reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS Page 12 Hawaii County Council-30 January 22,2020 ADJOURNMENT: 2:42 p.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 January 17, 2020. If a response is received after January 17, 2020, 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. 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. Page 13 Hawaii County Council-30 January 22,2020 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 14