The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 2021-03-03 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 7 Session ORDER OF BUSINESS Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i March 3, 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, March 2, 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 no later than 12:00 noon on Tuesday, March 2, 2021, 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-7 March 3, 2021 INVOCATION Reverend Katlin McCallister of Church of the Holy Apostles CALL TO ORDER 9:01 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 February 3, 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 Page 2 Hawai‘i County Council-7 March 3, 2021 ORDER OF RESOLUTIONS Res. 768-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN (2018-2020) AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Allows for the receipt of $83,841,000 of Federally-derived funds to be used by the Office of Housing and Community Development to support disaster relief, long- term recovery, and restore infrastructure, housing, and economic revitalization in Hawai‘i County. Reference: Comm. 1137 Intr. by: Ms. David (B/R) Waived: FC Postponed: November 6 and 18, 2020 (Note: There is a motion by Ms. David, seconded by Ms. Villegas, to adopt Res. 768-20.) 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. 40-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF SIX INTOXILYZER 8000 BREATH TEST INSTRUMENTS TO THE COUNTY OF HAWAIʻI POLICE DEPARTMENT The donation provided by the Maui Police Department is valued at approximately $42,000. Reference: Comm. 107 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-17 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 3 Hawai‘i County Council-7 March 3, 2021 Res. 50-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH THE PURCHASE OF A REFRIGERATOR FOR THE KAWANANAKOA GYM Transfers $3,800 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Recreation Division Equipment account. Reference: Comm. 123 Intr. by: Ms. Lee Loy 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. 51-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO COVER EXPENSES FOR THE COUNTY REDISTRICTING COMMISSION Transfers $10,000 from the Charter Commission account; and credits to the Redistricting Commission account. Reference: Comm. 124 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. Page 4 Hawai‘i County Council-7 March 3, 2021 Res. 55-21: AMENDS RESOLUTION 735-20 AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I Reduces the funding amount from $13,076 to $12,000 for the “Increasing Production of Novel Floriculture Products for Import Replacement” project. Reference: Comm. 129 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. 56-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF THE ATTORNEY GENERAL, HAWAI‘I CRIMINAL JUSTICE DATA CENTER, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAI‘I COUNTY POLICE DEPARTMENT Allows for the receipt of $545,760 in Federally-derived funds, which would be used to automate and streamline the firearms registration process and improve record keeping and data availability. Reference: Comm. 130 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. Page 5 Hawai‘i County Council-7 March 3, 2021 Res. 57-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR ITS EMERGENCY “GRAB AND GO” COMMUNITY FEEDING PROGRAM Transfers $5,000 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. 132 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 11: AMENDS ORDINANCE NO. 09-132 WHICH RECLASSIFIED LANDS FROM (Draft 2) AGRICULTURAL – 3 ACRES (A-3a) AND OPEN (O) TO PROJECT DISTRICT (PD) AT KA‘Ū, NORTH KONA, HAWAIʻI, COVERED BY TAX MAP KEY: 7-2-005:001 (Applicant: Palamanui Global Holdings, LLC) (Area: 695.284 Acres) The Leeward Planning Commission forwards its favorable recommendation to amend conditions of approval. The Palamanui Development project includes 1,116 residential units, a 70-acre business park, 230 acres of open space, a 74-acre dry forest preserve, and a 30-acre university village town center with a 120-room hotel, retail shopping, commercial amenities, and a 20-acre regional public park. Reference: Comm. 51.11 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-11 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. Page 6 Hawai‘i County Council-7 March 3, 2021 Bill 23: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Increases revenues in the Federal Grants – Workforce Innovation and Opportunity Act (WIOA) account ($76,479); and appropriates the same to the WIOA Rapid Response 2020-2021 account. Funds would be used to assist in rapid response and layoff aversion activities in Hawaiʻi County. Reference: Comm. 108 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-18 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 24: 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 – National Instant Criminal Background Check (NICS) Act Record Improvement Program account ($545,760); and appropriates the same to the NICS Act Record Improvement Program account. Funds would be used to automate and streamline the firearms registration process and improve record keeping and data availability. Reference: Comm. 130 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC 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. Page 7 Hawai‘i County Council-7 March 3, 2021 Bill 25: 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 Adds the following Public Works projects to the Capital Budget: Pāhoa Feasibility Study – State ($500,000), Puakō Facilities Plan – County ($300,000), and Puakō Facilities Plan – State ($1,500,000). Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($300,000) and State Capital Improvement Project Funds ($2,000,000). Reference: Comm. 131 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter 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 219: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING (2018-2020) BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal – Community Development Block Grant (CDBG)-Disaster Recovery account ($83,841,000); and appropriates the same to the CDBG-Disaster Recovery account. Funds would be used to support disaster relief, long-term recovery, and restore infrastructure, housing, and economic revitalization in Hawai‘i County. Reference: Comm. 1137 Intr. by: Ms. David (B/R) First Reading: November 6, 2020 Postponed: November 18, 2020 (Note: There is a motion by Ms. David, seconded by Ms. Kierkiewicz, to pass Bill 219 on second and final reading.) (Vote on Bill 219 is on the next page.) Page 8 Hawai‘i County Council-7 March 3, 2021 ND AMENDED TO DRAFT 2 AND 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 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) First Reading: February 17, 2021 ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David – 8. Noes: Council Member Villegas – 1. Absent: None. Excused: None. 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) First Reading: February 17, 2021 (Vote on Bill 10 is on the next page.) Page 9 Hawai‘i County Council-7 March 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 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) First Reading: 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 FC-16 NOMINATION OF DEBORAH WARD TO THE PUBLIC ACCESS, OPEN (Comm. 112): SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION Requires Council Confirmation by: March 12, 2021 (Section 2-215(k), Hawaiʻi County Code) (Vote on FC-16 is on the next page.) Page 10 Hawai‘i County Council-7 March 3, 2021 CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. PRPSC-13 NOMINATION OF WESLEY I. MATTOS TO THE FIRE COMMISSION (Comm. 113): Requires Council Confirmation by: March 12, 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. RAWEEMC-4 REAPPOINTMENT OF MELISSA CARDWELL TO THE ENVIRONMENTAL (Comm. 106): MANAGEMENT COMMISSION Requires Council Confirmation by: March 13, 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. Page 11 Hawai‘i County Council-7 March 3, 2021 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 12:02 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 1, 2021. If a response is received after March 1, 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 Kona Council Chambers, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A. 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 12