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Home My WebLink AboutAGE COUNCIL 2021-06-02 2020-2022 ACTIONS MAILE MEDEIROS DAVID t.,OF p HOLEKA GORO INABA Chair&Presiding Officer o?IN �k+,, MATT KANEALI`I-KLEINFELDER ASHLEY L.KIERKIEWICZ AARON S. Y. CHUNG �* Vice Chair HEATHER L.KIMBALL ��.o:� 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 15'h Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii June 2, 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 Jeanette.aiello(a�,hawaiicountgov or call (808) 961-8255 no later than 12:00 noon on Tuesday, June 1, 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, June 1, 2021, by: (1) email to counciltestiinon a,hawaiicountgov, (2) facsimile to (808) 961-8912; or(3) mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 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 htT://www.hawaiicoun ov. Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Council-15 June 2,2021 INVOCATION Kahu Charlie Kama of Hale Pule Ke Ola Hou 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 May 5, 2021 APPROVED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. COMMUNICATIONS Comm. 271: REQUESTS APPROVAL OF A DONATION OF 60 MELIN HATS From Finance Director Deanna Sako, dated May 13, 2021. The donation from the Hawaiian Lifeguard Association, valued at approximately $3,540, would be used by the Hawaii Fire Department's Ocean Safety Division. Waived: FC APPROVED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 2 Hawaii County Council-15 June 2,2021 ORDER OF RESOLUTIONS Res. 131-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS FACILITIES IN COUNCIL DISTRICT 2 Transfers $25,860 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 264 Intr. by: Mr. Chung ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 132-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE MATERIALS FOR REPAIRS AND MAINTENANCE OF THE MAKA`EO WALKING PATH AT THE OLD KONA AIRPORT PARK Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Friends of the Park account. Reference: Comm. 265 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 3 Hawaii County Council-15 June 2,2021 Res. 133-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR EXPENSES RELATED TO THE 2021 FOURTH OF JULY CELEBRATION IN HILO Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Culture and Education Other Current Expenses account. Reference: Comm. 266 Intr. by: Mr. Chung ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 137-21: 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 DEPARTMENT OF LIQUOR CONTROL Authorizes the Mayor to enter into a four-year, eleven-month lease agreement with an option for an additional four years and eleven months with Puna Plantation Hawaii, Limited, for approximately 2,162 square feet of office space at Hanama Place in Kona. Reference: Comm. 272 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 4 Hawaii County Council-15 June 2,2021 Res. 138-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE TREASURY Allows for the receipt of$39,141,538 of Federally-derived funds over a two-year period, which would be used to provide resources to support response efforts, address economic fallout, and assist with recovery in relation to the COVID-19 pandemic. Reference: Comm. 275 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 139-21: CHANGES THE FUNDING SOURCE OF ONE ACCOUNTANT I POSITION Funding formerly provided by a State grant would transition to the County for this position within the Hawaii Fire Department. Reference: Comm. 276 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-15 June 2,2021 BILLS FOR ORDINANCES (FIRST READING) Bill 34: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN TO INDUSTRIAL—COMMERCIAL MIXED —20,000 SQUARE FEET (MCX-20) AT PIOPIO, WAIAKEA, HAWAII, COVERED BY TAX MAP KEYS: 2-2-001:008, 017, 018, 019, 024, 030, AND 034 (Applicants: M. Anderson and N. Pi`ianaia Trusts; and Kapoho Properties, LLC) (Area: 3.29 acres) The Windward Planning Commission forwards its favorable recommendation and concurs with the Planning Director's request to approve the removal of the affordable housing condition (J). The applicants are proposing to consolidate and subdivide the existing seven separate parcels into four separate parcels. The property is located at Old Hilo Iron Works property located at 1280 Kamehameha Avenue. Reference: Comm. 233 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-17 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 35: AMENDS ORDINANCE NO. 09-138 WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED —20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-035:034 (Applicant: JP Automotive, LLC) (Area: 22,300 square feet) The Windward Planning Commission forwards its favorable recommendation to approve this amendment, which would allow a five-year time extension to Condition D (Time to Complete Construction). The property is located at 513 Kalanikoa Street, Waiakea Houselots. Reference: Comm. 234 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-18 (Vote on Bill 35 is on the next page) Page 6 Hawaii County Council-15 June 2,2021 AMENDED TO DRAFT 2 AND PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 36: AMENDS ORDINANCE NO. 723 WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL(RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-041:PORTION OF 75 (Applicant: Kelly Ka ig moto) (Area: 9,425 square feet) The Windward Planning Commission forwards its favorable recommendation to approve this amendment, which would repeal all conditions of approval while retaining the Neighborhood Commercial district classification to allow for the development of a retail building. The property is located at 2169 Kino`ole Street, Waiakea Homestead Lots. Reference: Comm. 235 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-19 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 41: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal Grants —2020 Emergency Management Performance Grant Program COVID-19 Supplemental account($50,000); and appropriates the same to the 2020 Emergency Management Performance Grant Program COVID-19 Supplemental account. Funds would be used to develop an emergency food plan for Hawaii Island. Reference: Comm. 273 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC (Vote on Bill 41 is on the next page) Page 7 Hawaii County Council-15 June 2,2021 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 42: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal —Emergency Rent Assistance 2 COVID-19 account($12,000,000); and appropriates the same to the Emergency Rent Assistance 2 COVID-19 account($10,500,000) and the Emergency Rent Assistance 2 Administration COVID-19 account($1,500,000). Funds would be used for rent, utilities, and other housing expenses in relation to the COVID-19 pandemic. Reference: Comm. 274 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 43: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal Grants —Coronavirus State and Local Fiscal Recovery Funds account($19,570,769); and appropriates the same to the Coronavirus State and Local Fiscal Recovery Funds account. Funds would be used to provide resources to support response efforts, address economic fallout, and assist with recovery in relation to the COVID-19 pandemic. Reference: Comm. 275 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC (Vote on Bill 43 is on the next page) Page 8 Hawaii County Council-15 June 2,2021 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-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 32: AMENDS ORDINANCE NO. 04-149, WHICH RECLASSIFIED LANDS FROM (Draft 2) AGRICULTURAL—5 ACRES (A-5a) TO SINGLE FAMILY RESIDENTIAL— 20,000 SQUARE FEET (RS-20) AT KALAOA IST AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-011:068 (Applicant: Ernest and Elizabeth Young) (Area: 1.8628 Acres) The Leeward Planning Commission forwards its favorable recommendation to approve this amendment, which would allow a five-year time extension to Condition C (Time to Secure Final Subdivision Approval) and amend Condition L (Fair Share Contributions). The property is located at the southwest corner of the intersection of Mahilani Drive and Mamalahoa Highway. Reference: Comm. 218.3 Intr. by: Ms. Kierkiewicz (B/R) First Reading: May 19, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 9 Hawaii County Council-15 June 2,2021 Bill 37: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Increases revenues in the Fund Balance Reserved for Liquor Control account ($35,000); and appropriates the same to the Liquor Control-Equipment account. Funds would be used to purchase furniture for the Department of Liquor Control's new West Hawaii office location. Reference: Comm. 250 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 19, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Bill 38: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Increases revenues in the Real Property Tax Penalties account($168,750); and appropriates the same to the Transfer to Public Access/Open Space Preservation Fund account($150,000), and the Transfer to Public Access/Open Space Preservation Maintenance Fund account($18,750). Reference: Comm. 254 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 19, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 10 Hawaii County Council-15 June 2,2021 Bill 39: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Office of Management Private Contribution account ($42,300); and appropriates the same to the County of Hawaii Sustainability Program account. Funds would be used towards costs and expenses of the Hawaii Island Sustainability Summit. Reference: Comm. 255 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 19, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Bill 40: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Increases revenues in the Transfer from General Fund account($6,000); and appropriates the same to the Homeless Taskforce account. Funds would be used to assist with outreach and engagement services in West Hawaii. Reference: Comm. 256 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 19, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. REPORTS Page 11 Hawaii County Council-15 June 2,2021 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 ADJOURNMENT: 12:15 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 parry. 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 May 28, 2021. If a response is received after May 28, 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 may also be present at the Kona Council Chambers, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A, and/or participating via interactive conference technology from other locations. The full text of the agendas is made available on the County website at www.hawai i county. ov. 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 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 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