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Home My WebLink AboutAGE COUNCIL 2021-07-21 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 19'h Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii July 21, 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.aracele a,hawaiicountgov or call (808) 961-8255 no later than 12:00 noon on Tuesday, July 20, 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 20, 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-19 July 21,2021 INVOCATION Pastor Jason Meechan of Kona Faith 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 June 16, 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 ORDER OF RESOLUTIONS Res. 153-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII Provides for a five-year agreement with the Department of Research and Development to partner with the community to advance knowledge and innovation through data visualization, for a period of five years. Reference: Comm. 303 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-48 (Vote on Res. 153-21 is on the next page.) Page 2 Hawaii County Council-19 July 21,2021 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. 154-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A ONE-METER DIVING STAND AND DIVING BOARD TO THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION The donation from the Hawaii HI-Diving Friends, valued at$14,750 would be located at the Charles "Sparky" Kawamoto Swim Stadium. Reference: Comm. 304 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-49 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. 155-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF AN `ALALA (HAWAIIAN CROW) ENCLOSURE TO THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION The donation from the Friends of Pana`ewa Zoo, valued at$143,409.04 would be located at the Pana`ewa Zoo. Reference: Comm. 305 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-50 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-19 July 21,2021 Res. 162-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KONA COFFEE FESTIVAL TO ASSIST WITH EXPENSES RELATED TO ITS 50TH KONA COFFEE CULTURAL FESTIVAL IN 2021 Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 317 Intr. by: Mr. Inaba 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. 164-21: AMENDS RESOLUTION 16-20 AUTHORIZING THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR NUTANIX HARDWARE AND SOFTWARE Amends the term of the lease agreement from three years to five years. Reference: Comm. 324 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-19 July 21,2021 Res. 166-21: URGES THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION(NOAA) TO PROMPTLY FINALIZE AND ISSUE ITS PUBLICATION OF PROPOSED RULE "PROTECTIVE REGULATIONS FOR HAWAIIAN SPINNER DOLPHINS UNDER THE MARINE MAMMAL PROTECTION ACT" (FEDERAL REGISTER CITATION: 81 FR 57854; DOCKET NUMBER: NOAA-2005-0226) Seeks official implementation of proposed regulations on human interactions with Hawaiian Spinner Dolphins to allow for timely responses to alleged violations, thorough investigations, and the issuance of citations. Reference: Comm. 326 Intr. by: Ms. David Waived: RAWEEMC 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. 167-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF HAWAIIAN HOME LANDS Requests access to various Department of Hawaiian Home Lands properties to allow the County to remove abandoned and derelict vehicles. Reference: Comm. 327 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC POSTPONED TO THE CALL OF THE CHAIR: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. Page 5 Hawaii County Council-19 July 21,2021 Res. 168-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII Provides up to $100,000 of County funds for quality assurance services and evaluation of the Kuleana Health project. Reference: Comm. 328 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Richards —3. Excused: None. Res. 169-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT GRANT Allows for the receipt of$1,380,000 to be used to assist adults, dislocated workers, and youth by providing training to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 329 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Richards —3. Excused: None. Page 6 Hawaii County Council-19 July 21,2021 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 5B (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 517-1-6 Reference: Comm. 281 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-8 Postponed: July 7, 2021 (Note: There is a motion by Ms. Lee Loy, seconded by Mr. Richards, to pass Bill 44 on first reading.) POSTPONED TO AUGUST 4, 2021: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kierkiewicz—2. Excused: None. Page 7 Hawaii County Council-19 July 21,2021 Bill 45: AMENDS CHAPTER 2, ARTICLE 42 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION AND MAINTENANCE FUND Aligns the language in the County Code with amendments to the Hawaii County Code approved by voters during the 2020 General Election by redirecting the administration and management of the Maintenance Fund from the Department of Parks and Recreation to the Department of Finance, and removing the requirement that the Commission's composition not be made up of more than a bare majority of any particular political parry. Reference: Comm. 294 Intr. by: Ms. David Approve: FC-51 PASSED IST READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Richards —3. Excused: None. Bill 47: REPEALS CHAPTER 2, ARTICLE 41 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE DISASTER AND EMERGENCY FUND Repeals this article of the County Code, which became obsolete upon establishment of Hawaii County Charter Section 10-17 approved by voters during the 2020 General Election. Reference: Comm. 297 Intr. by: Ms. David Approve: FC-52 PASSED IST READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Richards —3. Excused: None. Page 8 Hawaii County Council-19 July 21,2021 Bill 56: 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 —Workforce Innovation and Opportunity Act account($1,380,000); and appropriates the same to the following Workforce Innovation and Opportunity Act 2021-22 accounts: Administration Planning ($150,000), Adult Program ($500,000), Dislocated Worker Program ($230,000), and Youth Program ($500,000). Funds would be used to assist adults, dislocated workers, and youth by providing training to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 329 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC PASSED IST READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Richards —3. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) 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) First Reading: July 7, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Richards —3. Excused: None. Page 9 Hawaii County Council-19 July 21,2021 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`aloaPark,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) First Reading: July 7, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair David—5. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Richards —3. Excused: Council Member Kimball — 1. 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) First Reading: July 7, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Richards —3. Excused: None. Page 10 Hawaii County Council-19 July 21,2021 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) First Reading: July 7, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—5. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Richards —3. Excused: Council Member Inaba— 1. 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 the "Kuleana Health"project to provide health literacy services to minority and underserved populations on Hawaii Island. Reference: Comm. 313 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: July 7, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Richards —3. Excused: None. REPORTS Page 11 Hawaii County Council-19 July 21,2021 REFERRALS FOR EXECUTIVE SESSION Comm. 299.1: 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 July 8, 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. POSTPONED TO AUGUST 4, 2021, DUE TO A LACK OF QUORUM (Note: Council Members Chung, Kierkiewicz, and Richards were absent from the meeting. Council Member Lee Loy and Chair David were excused from participation and voting due to potential conflicts of interests, resulting in a lack of quorum.) 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: 4:50 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 July 19, 2021. If a response is received after July 19, 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 Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, and/or participating via interactive conference technology from other locations. Page 12 Hawaii County Council-19 July 21,2021 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 13