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Home My WebLink AboutAGE COUNCIL 2020-03-11 2018-2020 ACTIONSAARON S. Y. CHUNG Chan & Presiding Officer tY OF h N KAREN EOFF +: c Vice Chan o=— �. �f '� NiM�i•�\\ 33rd Session COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii March 11, 2020 9:00 a.m. MAILE MEDEIROS DAVID MATT KANEALI`I-KLEINFELDER ASHLEY L. KIERKIEWICZ SUSAN L. K. LEE LOY VALERIE T. POINDEXTER HERBERT M. "TIM" RICHARDS, III REBECCA VILLEGAS (Note: Please turn all communication devices to silent mode.) INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Pastor Eric Anderson of Church of the Holy Cross 9:01 a.m. Hawai `i County is an Equal Opportunity Provider and Employer Hawaii County Council -33 March 11, 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 February 5, 2020 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. February 19, 2020 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. 312.8: REPORT OF ATTENDANCE OF COUNCIL MEMBERS KANEALII-KLEINFELDER, RICHARDS, AND VILLEGAS AT THE MAHIAI A OLA — FARM TO TABLE CELEBRATION AND AWARD CEREMONY FOR THE "MAHI`AI MATCHUP" HELD ON FEBRUARY 7, 2020. PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Tim Richards, dated February 13, 2020 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. Page 2 Hawaii County Council -33 March 11, 2020 Comm. 776: NOMINATION OF DANIEL THOMAS TO THE BOARD OF APPEALS From Mayor Harry Kim, dated February 11, 2020, submitting for the Council's review and confirmation the above nomination. Waived: PC Requires Council Confirmation by: March 26, 2020 (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. ORDER OF RESOLUTIONS Res. 489-20: GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3-6(b)(3) AND 3-11(a)(2)(A)(ii) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO ALLOW AN ADDITIONAL GROUND SIGN, MOUNTED IN EXCESS OF MAXIMUM ABOVE GROUND LIMITATIONS ON 74-5035 QUEEN KA`AHUMANU HIGHWAY, TAX MAP KEY: 7-4-008:055 (ZONED ML -3a) Mid Pacific Petroleum requests a sign variance for construction of a second ground sign at the subject parcel to advertise fuel prices. Reference: Comm. 742 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-22 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 3 Hawaii County Council -33 March 11, 2020 Res. 501-20: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI -FUNCTION COLOR COPY MACHINE FOR THE OFFICE OF THE MAYOR Authorizes the Mayor to enter into a three-year lease agreement with an approximate monthly cost of $360. Reference: Comm. 756 Intr. by: Ms. David (B/R) Approve: FC -106 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. 502-20: RELATES TO THE FORMATION OF AN IMPROVEMENT DISTRICT FOR THE CONSTRUCTION OF PUBLIC SEWER IMPROVEMENTS LOCATED AT KALOKO AND KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII Accepts and grants the petition seeking formation of an improvement district as initiated by the owner of the assessable area and directs the Director of the Department of Environmental Management to prepare and submit a report to the County Council to include applicable surveys, plans, maps, and required data. Reference: Comm. 757 Intr. by: Ms. David (B/R) Approve: FC -107 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 -33 March 11, 2020 Res. 503-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH ARIZONA STATE UNIVERSITY AND AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR Authorizes Arizona State University to assist Hawaii County in its intervention of Public Utilities Commission dockets, including Integrated Grid Planning, Electrification of Transportation, Performance -Based Regulation, and rate case. Reference: Comm. 761 Intr. by: Ms. David (B/R) Waived: FC Postponed: February 19, 2020 (Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by Mr. Richards, to approve Res. 503-20.) ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung — 8. Noes: Council Member Richards — 1. Absent: None. Excused: None. Res. 507-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE EXPLORATION FOUNDATION TO SUPPORT THE WEST HAWAII EXPLORATIONS ACADEMY'S ROBOTICS TEAM Transfers $2,000 from the Clerk -Council Services — Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 770 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. Page 5 Hawaii County Council -33 March 11, 2020 Res. 510-20: ACCEPTS A DONATION TO THE DEPARTMENT OF PARKS AND RECREATION FROM BEYOND PESTICIDES FOR SOIL ANALYSIS AND REVIEW OF TURF MAINTENANCE PRACTICES Services valued at approximately $7,500 would be provided at Kuawa Park and Pahoa District Park. Reference: Comm. 777 Intr. by: Ms. Villegas Waived: PRC 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. 511-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SELF DISCOVERY THROUGH ART FOR ITS "RECOVERY, RESILIENCE, RECREATION MODEL OF WELLNESS" 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. 778 Intr. by: Ms. Kierkiewicz 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 -33 March 11, 2020 Res. 512-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HUI ALOHA `O PUNA MAKAI TO SUPPORT ITS SUMMER WORKSHOP AND YOUTH ACTIVITY SERIES 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. 779 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. 513-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SELF DISCOVERY THROUGH ART FOR ITS `BOUNCING BACK!" PROGRAM Transfers $1,000 from the Clerk -Council Services — Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 780 Intr. by: Mr. Kaneali`i-Kleinfelder 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 -33 March 11, 2020 Res. 514-20: REAPPOINTS BONNIE S. NIMS AS THE LEGISLATIVE AUDITOR OF THE COUNTY OF HAWAII TO SERVE A SIX-YEAR TERM BEGINNING Reference: Comm. 782 Intr. by: Mr. Richards POSTPONED TO THE CALL OF THE CHAIR 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. 515-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE NORTH KOHALA COMMUNITY RESOURCE CENTER FOR THE 2020 KOHALA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $2,000 from the Clerk -Council Services — Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 783 Intr. by: Mr. Richards ADOPTED Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung — 8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder —1. Excused: None. Res. 516-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND OF HAWAII YMCA FOR ITS FAMILY VISITATION CENTER PROGRAM Transfers $4,000 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. 784 Intr. by: Mr. Richards (Vote on Res. 516-20 is on the next page.) Page 8 Hawaii County Council -33 ADOPTED: Ayes: Noes: Absent: Excused Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung — 8. None. Council Member Kaneali`i-Kleinfelder — 1. None. March 11, 2020 Res. 517-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KAHUA PA`A MUA, INC., FOR EXPENSES RELATING TO PROJECT REACH OUT, A SUICIDE PREVENTION INITIATIVE Transfers $5,000 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. 785 Intr. by: Mr. Richards Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung — 8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder —1. Excused: None. Res. 518-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE EAST HAWAII CULTURAL COUNCIL FOR REIMBURSEMENT OF EXPENSES ASSOCIATED WITH THE 2020 LIVE ALOHA FESTIVAL Transfers $500 from the Clerk -Council Services — Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 786 Intr. by: Mr. Chung ADOPTED Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung — 8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder —1. Excused: None. Page 9 Hawaii County Council -33 March 11, 2020 Res. 519-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TWO KA`U KAKOU FOR ITS 6TH ANNUAL PRINCE KUHIO DAY HO`OLAULE`A Transfers $1,500 from the Clerk -Council Services — Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 787 Intr. by: Ms. David Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair David — 8. Noes: None. Absent: Council Member Chung — 1. Excused: None. Res. 520-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII ISLAND PORTUGUESE CHAMBER OF COMMERCE CULTURAL AND EDUCATIONAL CENTER FOR ITS MALASADA SHUFFLE 5K AND FAMILY FUN FESTA RADIOTHON Transfers $3,000 from the Clerk -Council Services — Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 788 Intr. by: Ms. David AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Chung, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair David — 9. Noes: None. Absent: None. Excused: None. Page 10 Hawaii County Council -33 March 11, 2020 Res. 522-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED BY THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TOWARDS TRAVEL AND OTHER EXPENSES TO ATTEND THE 2020 RURAL CHILD HUNGER SUMMIT Accepts a monetary donation of approximately $1,800 from Share Our Strength. Reference: Comm. 793 Intr. by: Ms. David (B/R) Waived: FC 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. Res. 523-20: AUTHORIZES THE SUBMITTAL OF A SECOND FINANCIAL ASSISTANCE APPLICATION TO THE BUREAU OF RECLAMATION FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF THE EXPANSION OF THE KEALAKEHE RECYCLED WATER TREATMENT AND DISTRIBUTION SYSTEM, AND AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE BUREAU OF RECLAMATION TO ACCEPT FUNDS FOR THE EXPANSION Authorizes the Department of Environmental Management to apply for federal funds for the expansion of the Kealakehe Wastewater Treatment Plant R-1 Upgrade project. Reference: Comm. 794 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. Page 11 Hawaii County Council -33 BILLS FOR ORDINANCES (FIRST READING) March 11, 2020 Bill 137: AMENDS SECTION 25-8-23 (VOLCANO -MT. VIEW), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL — 20,000 SQUARE FEET (RS -20) TO VILLAGE COMMERCIAL — 10,000 SQUARE FEET (CV -10) AT `OLA`A SUMMER LOTS, `OLA`A, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-9-004:004 (Applicant: RTA Kilauea Lodge, LLC) (Area: 1.176 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to develop a 1,920 -square foot retail building with 26 parking stalls, construct three cottages on the north west corner of the property, and make related improvements on the subject parcel. The property is located along Old Volcano Road between Haunani Road and Wright Road. Reference: Comm. 728 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC -46 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 138: 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 — Violence Against Women account ($27,431); and appropriates the same to the Violence Against Women account, for a total appropriation of $86,431. Funds provided by the State of Hawaii Department of Attorney General would be used to cover the cost of additional salaries, equipment, and travel for training for the Office of the Prosecuting Attorney. Reference: Comm. 758 Intr. by: Ms. David (B/R) Approve: FC -108 (Vote on Bill 138 is on the next page) Page 12 Hawaii County Council -33 PASSED IST READING: March 11, 2020 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. Bill 139: 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 Operating Reserves account ($10,000); and appropriates the same to the Workers Compensation account. Funds would be used for the Office of Housing and Community Development's Workers Compensation, Regular Salary and Wages account to pay out unbudgeted Worker's Compensation expenditures. Reference: Comm. 759 Intr. by: Ms. David (B/R) Approve: FC -109 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 149: 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 — Block Grants account ($146,713); and appropriates the same to the Hale Maluhia Shelter, Accessibility Improvements account, for a total appropriation of $2,646,713. Funds provided by the Department of Housing and Urban Development would be used for renovation and construction costs. Reference: Comm. 795 Intr. by: Ms. David (B/R) Waived: FC (Vote on Bill 149 is on the next page) Page 13 Hawaii County Council -33 March 11, 2020 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 133: 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 — Housing Choice Voucher Program account ($48,101); and appropriates the same to the Voucher Rental Subsidies account, for a total appropriation of $18,577,430. Funds provided by the Department of Housing and Urban Development and Department of Veteran's Affairs would be used for rental assistance for eligible participants. Reference: Comm. 713 Intr. by: Ms. David (B/R) First Reading: February 19, 2020 PASSED 2ND AND FINAL READING: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Absent: Lee Loy, Poindexter, Richards, Villegas, and Chair Chung — 9. Noes: None. Absent: None. Excused: None. Bill 134: AMENDS CHAPTER 3, ARTICLE 1, OF THE HAWAII COUNTY (Draft 2) CODE 1983 (2016 EDITION, AS AMENDED), RELATED TO SIGN CODE VARIANCES Moves the authority to grant variances from the Sign Code from the County Council to the Director of the Department of Public Works. Reference: Comm. 714.2 Intr. by: Ms. Lee Loy First Reading: February 19, 2020 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 -33 March 11, 2020 Bill 140: 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 — Hawai`i County Police Department Roadblock Program account ($82,585); and appropriates the same to the Hawaii County Police Department Roadblock Program account, for a total appropriation of $282,585. Funds will be used towards driving under the influence roadblock operations. Reference: Comm. 763 Intr. by: Ms. David (B/R) First Reading: February 19, 2020 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 -45 NOMINATION OF JUSTIN LEE TO THE BOARD OF APPEALS (Comm. 755): Requires Council Confirmation by: March 14, 2020 (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 15 Hawaii County Council -33 REFERRALS FOR EXECUTIVE SESSION March 11, 2020 Res. 509-20: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, BOARD OF ETHICS IN PETITION NO. 2020-01 Finds that a conflict of interest would exist for the Corporation Counsel to advise the Board of Ethics and provides for the retention of legal services by the County of Maui Office of the Corporation Counsel, with total costs not to exceed $1,000. Reference: Comm. 773 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter ADOPTED: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung — 8. Noes: None. Absent: Council Member Kierkiewicz — 1. 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 reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 1:57 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 March 9, 2020. If a response is received after March 9, 2020, we will try to Page 16 Hawaii County Council -33 March 11, 2020 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 Hilo and Kona is lost for more than a short period of time, the meeting will be terminated. Council Members will be present at the following location: • Kona Council Office, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A. (Pursuant to HRS §92-7 and Council Rule No. 2, Council Members Karen Eoff and Rebecca Villegas will be participating from the Kona Council Office.) Public attendance via videoconference will be available at the Kona 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: 0 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 htT://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 counciltestiinon a,hawaiicountgov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestiinon a,hawaiicountgov 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 Page 17 Hawaii County Council -33 March 11, 2020 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 18