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Home My WebLink AboutAGE COUNCIL 2021-02-17 2020-2022 ACTIONS MAILE MEDEIROS DAVID HOLEKA GORO INABA Chair & Presiding Officer MATT KĀNEALIʻI-KLEINFELDER ASHLEY L. KIERKIEWICZ AARON S. Y. CHUNG HEATHER L. KIMBALL Vice Chair SUSAN L. K. LEE LOY HERBERT M. “TIM” RICHARDS, III REBECCA VILLEGAS COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 6 Session ORDER OF BUSINESS West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i February 17, 2021 9:00 a.m. Pursuant to Governor Ige’s most recent proclamation, in order to minimize physical contact and maximize social distancing, this meeting will not be open to the public. Oral Public Testimony: The public may provide oral testimony via Zoom. To register to testify, please email jean.muramoto@hawaiicounty.gov or call (808) 961-8255 no later than 12:00 noon on Tuesday, February 16, 2021. Written Testimony: The Council encourages the public to submit thoughts, comments, and input via written testimony. To ensure timely delivery to Council Members prior to the meeting, written testimony must be submitted before 12:00 noon on the business day prior to the meeting by: (1) email to counciltestimony@hawaiicounty.gov, (2) facsimile to (808) 961-8912; or (3) mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720. All written testimony, regardless of time of receipt, will be made a part of the permanent record. Please submit separate testimony for each item. 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. Hawai‘i County is an Equal Opportunity Provider and Employer Hawai‘i County Council-6 February 17, 2021 INVOCATION Rabbi Levi Gerlitzky of Chabad Jewish Center CALL TO ORDER 9:00 a.m. ROLL CALL PLEDGE OF ALLEGIANCE 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 January 20, 2021 APPROVED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 35-21: URGES THE COUNTY OF HAWAI‘I TO ESTABLISH A JOBS CORPS PROGRAM FOR HAWAI‘I ISLAND TO HELP ADDRESS UNEMPLOYMENT IMPACTS OF THE COVID-19 PANDEMIC AND TO SUPPORT ECONOMIC DIVERSIFICATION Requests the Department of Research and Development and Office of Housing and Community Development to collaborate with the Hawai‘i County Workforce Development Board to provide a structured program focused on talent development and career training, with an emphasis on green sector jobs. Reference: Comm. 89 Intr. by: Ms. Kierkiewicz Approve: GOREDC-8 (Vote on Res. 35-21 is on the next page.) Page 2 Hawai‘i County Council-6 February 17, 2021 ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Res. 41-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR MAINTENANCE AGREEMENT FOR AUTOMATIC ELECTRONIC DEFIBRILLATORS FOR THE HAWAI‘I COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year maintenance agreement for 45 Automatic Electronic Defibrillators, with an approximate cost of $210 per unit per year. Reference: Comm. 110 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Res. 42-21: 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 ‘ĪLIO RESCUE TO SUPPORT ITS SPAY AND NEUTER PROGRAM Transfers $2,000 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. 111 Intr. by: Ms. David (Vote on Res. 42-21 is on the next page.) Page 3 Hawai‘i County Council-6 February 17, 2021 ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Res. 43-21: STRONGLY SUPPORTS DIGITAL EQUITY AND URGES DEVELOPMENT OF BROADBAND INFRASTRUCTURE TO BOLSTER COVID-19 RECOVERY AND FOSTER ECONOMIC DEVELOPMENT Adopts the State Department of Business, Economic Development and Tourism Hawai‘i Broadband Strategic Plan to ensure equitable access to internet services by residents of Hawai‘i County. Reference: Comm. 114 Intr. by: Ms. Kimball and Ms. Kierkiewicz Waived: GOREDC ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Res. 44-21: 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 ‘ĪLIO RESCUE FOR ITS RESCUE AND ADOPTION PROGRAM Transfers $1,000 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. 115 Intr. by: Mr. Kānealiʻi-Kleinfelder ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 4 Hawai‘i County Council-6 February 17, 2021 Res. 45-21: 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 ‘ĪLIO RESCUE TO SUPPORT ITS DOG RESCUE PROGRAM 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. 116 Intr. by: Mr. Richards ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 5: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 6, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO USE PERMITS The Windward and Leeward Planning Commissions forward favorable recommendations for this amendment to the Zoning Code, which would amend the applicable planning commission’s time to approve or deny an application for a Use Permit, and also clarify certain procedural matters. Reference: Comm. 17 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-8 ST PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. ; and Comm. 17.3: From Planning Director Zendo Kern, dated February 2, 2021, transmitting the public testimony transcript from the Leeward Planning Commission’s October 15, 2020, meeting. Page 5 Hawai‘i County Council-6 February 17, 2021 Bill 10: AMENDS ORDINANCE NO. 09-131 WHICH RECLASSIFIED LANDS FROM PROJECT DISTRICT (PD) TO INDUSTRIAL-COMMERCIAL MIXED – 20,000 SQUARE FEET (MCX-20) AT KA‘Ū, NORTH KONA, HAWAIʻI, COVERED BY TAX MAP KEY: 7-2-005:001 (Applicant: Palamanui Global Holdings, LLC) (Area: 29.920 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment, which would allow a five-year extension to comply with Condition E (Secure Final Subdivision Approval). The property is located northeast of the Kona International Airport at Keāhole, between Queen Ka‘ahumanu Highway and Makalei Estates Subdivision. Reference: Comm. 50 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-9 ST PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Bill 12: AMENDS CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4, ARTICLE 5 AND ARTICLE 7 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO DEFINITIONS, USE PERMIT REQUIREMENTS, PARKING REQUIREMENTS, AND ZONING DISTRICT REGULATIONS FOR MEDICAL CLINICS AND MASSAGE, ACUPUNCTURE, CHIROPRACTIC AND OTHER SIMILAR HEALTH SERVICE FACILITIES The Leeward and Windward Planning Commissions forward favorable recommendations for this amendment to the Zoning Code, which clarifies the definition of medical clinics and personal services establishments, and identifies zoning districts where such facilities would require a Use Permit. Reference: Comm. 52 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-10 (Vote on Bill 12 is on the next page.) Page 6 Hawai‘i County Council-6 February 17, 2021 ST PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 6: AMENDS ORDINANCE NO. 10-32 WHICH RECLASSIFIED LANDS BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 1,000 SQUARE FEET (RS-7.5) AND MULTIPLE-FAMILY RESIDENTIAL – 1,000 SQUARE FEET (RM-1) TO MULTIPLE-FAMILY ST RESIDENTIAL – 1,500 SQUARE FEET (RM-1.5) AT KŪKŪAU 1, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEYS: 2-4-025:048, 053 AND 080 (Applicant: Ikaika Ohana; formerly Giampaolo “Paul” Boschetti) (Area: 5.5 Acres) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow revisions or time extensions to five conditions to the existing change of zone ordinance. The new applicant proposes to build a 64-unit affordable housing development with a community center and garden, laundry facilities, and a 116-stall parking lot, to be located on Kapiolani Street across from the Police Department’s Hilo Headquarters. Reference: Comm. 18 Intr. by: Ms. Kierkiewicz (B/R) First Reading: January 20, 2021 Postponed: February 3, 2021 (Note: There is a motion by Ms. Kierkiewicz, seconded by Mr. Richards, to approve Bill 6.) ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 7 Hawai‘i County Council-6 February 17, 2021 Bill 13: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Reappropriates lapsed fuel tax funds from past fiscal years by establishing the following program appropriation to the Capital Budget: Kawailani/Pōhakulani/Ainaola and Kawailani/ʻIwalani Traffic Signals Engineering Project ($10,546.40). Reference: Comm. 59 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: February 3, 2021 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Bill 14: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Appropriates the seventh increment of the fuel tax revenues established by Resolution No. 504-08 to the following programs: Roadway Projects - Engineering ($1.7 million); Bridge Inspection, Repair and Replacement Program - Engineering ($1.2 million); and Local Road Improvements - Highways ($2.9 million). Reference: Comm. 60 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: February 3, 2021 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter (Vote on Bill 14 is on the next page.) Page 8 Hawai‘i County Council-6 February 17, 2021 ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Bill 15: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Appropriates excess fuel tax revenues collected pursuant to Ordinance 19-7 to the following programs: Roadway Projects ($27,420.13); Bridge Inspection/Repair ($18,280.08); and Local Road Projects ($45,700.21). Reference: Comm. 61 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: February 3, 2021 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 9 Hawai‘i County Council-6 February 17, 2021 Bill 19: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING (Draft 2) BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the following Federal – Workforce Innovation and Opportunity Act (WIOA) Disaster Recovery Dislocated Worker Grant (DWG) accounts: Employment ($67,000) and Education/Training ($447,988); and appropriates the same to the following WIOA Disaster Recovery DWG accounts: Employment Administration/Planning ($6,700), Employment ($60,300), Education/Training Administration/Planning ($44,798), and Education/Training ($403,190). Funds would be used to assist dislocated workers by providing disaster relief and humanitarian assistance employment in Hawai‘i County. Reference: Comm. 92.2 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: February 3, 2021 ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Bill 20: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal Grants – Economic Development Administration (EDA) Economic Adjustment Assistance Disaster Recovery Program account ($2,251,163); and appropriates the same to the EDA Economic Adjustment Assistance Disaster Recovery Program account. Funds would be used towards a Puna Wastewater Statement to conduct a comprehensive Programmatic Environmental Impact Study, and for a North Kona Sewage Pump Station and Force Main Project. Reference: Comm. 102 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: February 3, 2021 (Vote on Bill 20 is on the next page.) Page 10 Hawai‘i County Council-6 February 17, 2021 ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. REPORTS PC-7 NOMINATION OF MATTSON DAVIS TO THE BOARD OF APPEALS (Comm. 97): Requires Council Confirmation by: February 21, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. GOREDC-5 NOMINATION OF CHARLES KUNZ TO THE MERIT APPEALS BOARD (Comm. 93): Requires Council Confirmation by: February 21, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. GOREDC-6 NOMINATION OF AMY SELF TO THE BOARD OF ETHICS (Comm. 94): Requires Council Confirmation by: February 25, 2021 (Section 13-4(k), Hawaiʻi County Charter) (Vote on GOREDC-6 is on the next page.) Page 11 Hawai‘i County Council-6 February 17, 2021 CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David – 8. Noes: None. Absent: None. Excused: Council Member Richards – 1. GOREDC-7 NOMINATION OF KELLY VALENZUELA TO THE BOARD OF ETHICS (Comm. 95): Requires Council Confirmation by: February 26, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David – 8. Noes: None. Absent: None. Excused: Council Member Richards – 1. PRPSC-12 NOMINATION OF KATHLEEN LASSITER TO THE POLICE COMMISSION (Comm. 96): Requires Council Confirmation by: February 26, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawaiʻi 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.) Page 12 Hawai‘i County Council-6 February 17, 2021 ANNOUNCEMENTS ADJOURNMENT: 11:21 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 February 12, 2021. If a response is received after February 12, 2021, 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. Council Members will also be present at the Hilo Council Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401. The full text of the agendas is made available on the County website at www.hawaiicounty.gov. Click on Council Records to navigate to current agendas. For copies of the agenda(s) or questions, please contact Council Services at 961-8255. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestimony@hawaiicounty.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). Page 13