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Home My WebLink AboutAGE COUNCIL 2021-07-07 2020-2022 Hawaii County Clerk's Office - 07/01/2021 12:05:00 PM MAILE MEDEIROS DAVID tY OF p HOLEKA GORO INABA Chair&Presiding Officer MATT KANEALI`I-KLEINFELDER�?•'��;"'� '•�,� ASHLEY L.KIERKIEWICZ AARON S.Y.CHUNG HEATHER L.KIMBALL Vice Chair SUSAN L.K.LEE LOY f''dF'N►�'� HERBERT M."TIM"RICHARDS,III REBECCA VILLEGAS COUNTY COUNCIL County of Hawaii Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 18fl' Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii July 7, 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 relley.araceleyQa�hawaiicouno�.gov or call (808) 961-8255 no later than 12:00 noon on Tuesday,July 6, 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,July 6, 2021, by: (1) email to counciltestimonyCa�hawaiicouno�.9 v, (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 hitp://www.hawaiicouniy.gov. Hawai`i County is an Equal Opportunity Provider and Employer Hawai'i County Clerk's Office - 07/01/2021 12:05:00 PM Hawaii County Council-18 July 7,2021 INVOCATION Kahu Brian Welsh of Haili Congregational Church CALL TO ORDER 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 June 2, 2021 June 3, 2021 COMMUNICATIONS Comm. 298: NOMINATION OF DEBORAH L. CHANG TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION From Mayor Mitchell D. Roth, dated June 2, 2021, requesting the Council's review and confirmation. Waived: FC Requires Council Confirmation by: July 17, 2021 (Section 2-215(k), Hawai`i County Code) Comm. 306: REQUESTS APPROVAL OF A DONATION OF 1,000 LOAVES OF BREAD From Finance Director Deanna Sako, dated June 17, 2021. The donation from the Lili`uokalani Trust, valued at approximately $3,000, would be used by the Department of Parks and Recreation's Summer Fun programs. Waived: FC Page 2 Hawai'i County Clerk's Office - 07/01/2021 12:05:00 PM Hawaii County Council-18 July 7,2021 ORDER OF RESOLUTIONS Res. 141-21: APPROVES THE NOMINATION OF MEMBERS TO THE NATIONAL ASSOCIATION OF COUNTIES (NACo) BOARD OF DIRECTORS AND THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS Requests the Council's approval of the following slates of officers: NACo— Tommy Waters, City and County of Honolulu and KipuKai Kuali`i, Kauai County; and WIR—Herbert M. "Tim"Richards, III, Hawai`i County and Kelly T. King, Maui County; for terms beginning on July 1, 2021. Reference: Comm. 278 Intr. by: Ms. Kimball Approve: GOREDC-14 Res. 143-21: URGES THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT TO ENSURE THAT DESTINATIONS TO WHICH THE COUNTY OF HAWAII TRANSPORTS ITS RECYCLABLE WASTE FOR OUT-OF-STATE PROCESSING ABIDE BY THE ENVIRONMENTAL STANDARDS OUTLINED BY THE BASEL CONVENTION Recommends that the County export its recyclable waste to locations that utilize environmentally-friendly recycling processing programs that minimize adverse impacts to humans and the environment. Reference: Comm. 282 Intr. by: Ms. Kimball Approve: RAWEEMC-11 Res. 144-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR TWO COPY MACHINES FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into five-year lease agreements with an approximate total monthly cost of$205 for both copiers. Reference: Comm. 283 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-46 Page 3 Hawai'i County Clerk's Office - 07/01/2021 12:05:00 PM Hawaii County Council-18 July 7,2021 Res. 145-21: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR CONSERVATION EASEMENTS FOR ALL OR A PORTION OF PARCELS IDENTIFIED AS TAX MAP KEYS 5-7-002:011, 5-7-002:027, 5-7-002:036, 5-7-002:037, 5-7-003:001, 5-7-003:002, 5-7-003:003, 5-7-003:007, 5-7-003:008, 5-7-003:010, AND 5-7-003:018, ALSO KNOWN AS MAHUKONA PROPERTIES, SITUATED IN THE DISTRICT OF NORTH KOHALA IN THE AHUPUA`A OF KAOMA, HIHIU, MAHUKONA, KAMANO, KOU, AND KAPA`ANUI, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire the properties in whole or conservation easements to preserve cultural, historic, and natural resources; facilitate public access; and protect open space. The parcels, consisting of 642.4551 acres, were listed as the number one priority for acquisition in the 2020 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 284 Intr. by: Mr. Richards Approve: FC-47 Res. 152-21: APPROVES THE HAWAII STATE ASSOCIATION OF COUNTIES PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR 2021-2022 Requests the Council's approval of the $227,783.85 proposed operating budget for fiscal year 2021-2022. Reference: Comm. 300 Intr. by: Ms. Kimball Waived: GOREDC Res. 156-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR FOUR COPY MACHINES FOR THE HAWAII COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$1,640 for all four copiers. Reference: Comm. 307 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 4 Hawai'i County Clerk's Office - 07/01/2021 12:05:00 PM Hawaii County Council-18 July 7,2021 Res. 157-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF BUDGET AND FINANCE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT Allows for the receipt of$600,000 in Federally-derived funds, which would be used to implement a landlord mediation program to eligible households impacted by the expiration of the moratorium on evictions. Reference: Comm. 310 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 158-21: DECLARES THE INTENTION OF THE COUNTY OF HAWAII TO ESTABLISH A COMMUNITY FACILITIES DISTRICT, DESIGNATED AS HAWAII COUNTY COMMUNITY FACILITIES DISTRICT NO. 1-2021 (KALOKO HEIGHTS PROJECT), TO AUTHORIZE FUNDING FOR PRESCRIBED SPECIAL IMPROVEMENTS, TO AUTHORIZE LEVY OF A SPECIAL TAX, AND TO AUTHORIZE ISSUANCE OF BONDS SECURED BY PROCEEDS OF THE SPECIAL TAX Declares the intent to establish a Community Facilities District for the purpose of constructing an extension to the public sewer line to serve the Kaloko Heights Subdivision project. Reference: Comm. 311 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 159-21: CREATES ONE NEW TEMPORARY POSITION FOR THE DEPARTMENT OF RESEARCH AND DEVELOPMENT The new federally funded Economic Development Specialist III position would support the Kuleana Health program to advance COVID-19 and health literacy efforts to reach minority and underserved populations. Reference: Comm. 312 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 5 Hawai'i County Clerk's Office - 07/01/2021 12:05:00 PM Hawaii County Council-18 July 7,2021 Res. 160-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Allows for the receipt of$3 million in Federally-derived funds, which would be used to implement a Health and Literacy program called Kuleana Health to advance COVID-19 efforts to reach minority and underserved populations. Reference: Comm. 313 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 44: AMENDS THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE COUNTY CONSTRUCTION CODE, BY: 1) ADOPTING NEW CHAPTERS 513 (RESIDENTIAL BUILDING CODE) AND 5C (EXISTING BUILDING CODE); 2) AMENDING CHAPTER 5 (CONSTRUCTION ADMINISTRATIVE CODE): SECTIONS 5-1-2, 5-1-3, 5-1-5, 5-2-2, 5-2-3, 5-2-4, 5-4-21, 5-8-4, AND 5-10-1; 3) AMENDING CHAPTER 5A (BUILDING CODE): SECTIONS 5A-1-3, 5A-1-6, 5A-3-21, 5A-3-22, AND 5A-3-27; 4) AMENDING CHAPTER 5D (ELECTRICAL CODE): SECTIONS 5D-1-3, AND 5D-1-6; 5) AMENDING CHAPTER 5E (ENERGY CONSERVATION CODE): SECTION 5E-1-6; AND 6) AMENDING CHAPTER 5F (PLUMBING CODE): SECTION 5F-1-6 Reference: Comm. 281 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-8 Page 6 Hawai'i County Clerk's Office - 07/01/2021 12:05:00 PM Hawaii County Council-18 July 7,2021 Bill 46: AMENDS CHAPTER 23, ARTICLE 4, ARTICLE 5, AND ARTICLE 6 AND CHAPTER 25, ARTICLE 2, ARTICLE 5, AND ARTICLE 6 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PROCESSING OF SUBDIVISION AND ZONING APPLICATIONS, AND MAKING CLERICAL REVISIONS TO PERMITTED USES IN THE FAMILY AGRICULTURAL ZONING DISTRICT (Planning Director Initiated) The Leeward and Windward Planning Commissions forward their favorable recommendations for this request, which would provide language that is in alignment with the impending implementation of the new EnerGov permitting system. Reference: Comm. 296 Intr. by: Ms. Kierkiewicz (B/R) Waived: PC and Comm. 296.2: From Planning Director Zendo Kern, dated June 21, 2021, transmitting the draft transcript from the Leeward Planning Commission's May 20, 2021, meeting. ; and Comm. 296.3: From Planning Director Zendo Kern, dated June 28, 2021, transmitting the draft transcript from the Windward Planning Commission's June 3, 2021, meeting. Bill 48: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $25.5 million in general obligation bonds to fund certain Capital Improvement Projects, including: Papa`aloa Park,Pa`auilo Park, Kolekole Gulch Park, Disappearing Sands Beach Park, Richardson Ocean Park,NAS Swimming Pool,Pahala Swimming Pool, Kahuku Park, Miloli`i Beach Park, and South Hilo Base Yard. Reference: Comm. 308 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 7 Hawai'i County Clerk's Office - 07/01/2021 12:05:00 PM Hawaii County Council-18 July 7,2021 Bill 49: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Federal Grants—Statewide Multi-Jurisdiction Drug Task Force account($4,927); and appropriates the same to the Statewide Multi- Jurisdiction Drug Task Force account, for a total appropriation of$54,927. Funds would be used to reduce drug threats and drug-related crimes. Reference: Comm. 309 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Bill 50: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Federal—Hawai`i Island Landlord/Tenant Mediation Grant account($600,000); and appropriates the same to the Hawaii Island Landlord/Tenant Mediation Program account. Funds would be used to implement a landlord mediation program to eligible households impacted by the expiration of the moratorium on evictions. Reference: Comm. 310 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Bill 51: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Federal Grants—Advance Health Literacy to Enhance Community Response to COVID-19 account($3 million); and appropriates the same to the Advance Health Literacy to Enhance Community Response to COVID-19 account. Funds would be used to implement a Health and Literacy program called Kuleana Health to advance COVID-19 efforts to reach minority and underserved populations. Reference: Comm. 313 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 8 Hawaii County Clerk's Office - 07/01/2021 12:05:00 PM Hawaii County Council-18 July 7,2021 ORDER OF THE DAY(SECOND OR FINAL 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) First Reading: June 2, 2021 Postponed: June 16, 2021 (Note: There is a motion by Ms. Kierkiewicz, seconded by Mr. Richards, to pass Bill 34 on second and final reading.) REPORTS FC-45 NOMINATION OF DONALA KAWA`AUHAU TO THE SALARY (Comm. 285): COMMISSION Requires Council Confirmation by: July 15, 2021 (Section 13-4(k), Hawai`i County Charter) PC-20 NOMINATION OF SHANI ARMBRUSTER TO THE LEEWARD PLANNING (Comm. 279): COMMISSION Requires Council Confirmation by: July 9, 2021 (Section 13-4(k), Hawai`i County Charter) Page 9 Hawai'i County Clerk's Office - 07/01/2021 12:05:00 PM Hawaii County Council-18 July 7,2021 REFERRALS FOR EXECUTIVE SESSION Comm. 299: NAKAMOTO VS. KAWAUCHI, ET AL.; AYAU VS. KAWAUCHI, ET AL. CONSOLIDATED CIVIL NOS. 12-1-0466, 12-1-0467 From Deputy Corporation Counsel Lerisa L. Heroldt, dated June 16, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a discussion regarding litigation filed by Ted H. S. Hong, Esquire, on behalf of his clients Patricia Nakamoto and Shyla Ayau. 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 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 July 2, 2021. If a response is received after July 2, 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.hawaiicounly.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. Page 10 Hawai'i County Clerk's Office - 07/01/2021 12:05:00 PM Hawaii County Council-18 July 7,2021 Submitting Video Testimony: Those submitting video testimony may email a complete web address (url)to videotestimon a,hawaiicouno�.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 11