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Home My WebLink AboutAGE COUNCIL 2021-08-04 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 20'h Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii August 4, 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, August 3, 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, August 3, 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-20 August 4,2021 INVOCATION Pastor John Endriss of Engage Church Hilo 9:00 a.m. 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 COMMUNICATIONS Comm. 341: REQUESTS APPROVAL OF A DONATION OF 35 CASES OF BOTTLED WATER AND 125 REUSABLE BOTTLES From Finance Director Deanna Sako, dated July 16, 2021. The donation from the Waiakea Springs Company, valued at approximately $1,600, would be used for the annual Richardson's Roughwater Swim Event. Waived: FC APPROVED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 2 Hawaii County Council-20 August 4,2021 ORDER OF RESOLUTIONS Res. 142-21: AUTHORIZES THE FORMATION OF A WORKING GROUP TO DEVELOP A (Draft 2) CONDITION ASSESSMENT OF COUNTY ASSETS AND TO URGE THE ADMINISTRATION TO UTILIZE THIS ASSESSMENT TO TRANSFORM THE DEVELOPMENT AND REPORTING OF THE CAPITAL BUDGET AND CAPITAL PROGRAM AS OUTLINED IN ARTICLE X, SECTION 10-6, OF THE HAWAII COUNTY CHARTER Council Members Ashley Kierkiewicz and Susan Lee Loy would Co-Chair the Working Group, which would include representatives from the Department of Finance, Planning Department, Department of Public Works, Office of the Corporation Counsel, and the Office of the Mayor. Reference: Comm. 280.3 Intr. by: Ms. Lee Loy and Ms. Kierkiewicz Approve: FC-53 ADOPTED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 161-21: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR CONSERVATION EASEMENTS FOR ALL OR A PORTION OF THE PROPERTIES IDENTIFIED AS TAX MAP KEYS 9-4-001:008, 009, 016, 017, AND 023, SITUATED IN THE AHUPUA`A OF KIOLAKA`A AND WAIOMA`O, DISTRICT OF KA`U, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire the properties in whole or conservation easements to protect cultural and natural resources and important agricultural lands, preserve portions of the ala loa or Ala Kahakai National Historic Trail, and facilitate responsible public access. The parcels, consisting of approximately 1,841 acres, were listed as the number two priority for acquisition in the 2020 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 315 Intr. by: Ms. David Approve: FC-54 (Vote on Res. 161-21 is on the next page.) Page 3 Hawaii County Council-20 August 4,2021 ADOPTED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 163-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR (Draft 2) AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into a two-year lease agreement with an approximate monthly cost of$189.71, and would be used by the department's Disaster Recovery team. Reference: Comm. 321.2 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-55 ADOPTED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 165-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTIFUNCTION COLOR PRINTER FOR THE OFFICE OF THE COUNTY CLERK, KONA COUNCIL DISTRICT OFFICE Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$295. Reference: Comm. 325 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-56 ADOPTED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 4 Hawaii County Council-20 August 4,2021 Res. 173-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE COOPER CENTER COUNCIL TO PURCHASE A 10-FOOT STORAGE CONTAINER FOR STORING MISCELLANEOUS SUPPLIES AND USED MEDICAL EQUIPMENT Transfers $6,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 337 Intr. by: Ms. David ADOPTED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 177-21: AUTHORIZES THE ACCEPTANCE OF A DONATION FROM PRINCE KUHIO PLAZA, LLC, FOR THE USE OF RETAIL SPACE TO THE COUNTY OF HAWAII The donor waived rental fees for Hawaii County's use of retail space to conduct vaccination events through July 31, 2021. Reference: Comm. 342 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 5 Hawaii County Council-20 August 4,2021 Res. 178-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR THE FEDERAL TRANSIT ADMINISTRATION SECTION 5309 CAPITAL GRANT Allows for the receipt of$8,000,270 in Federally-derived funds, which would be used by the Mass Transit Agency for operational costs and to purchase five buses. Reference: Comm. 344 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 6 Hawaii County Council-20 August 4,2021 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 and 21, 2021 (Note: There is a motion by Ms. Lee Loy, seconded by Mr. Richards, to pass Bill 44 on first reading.) AMENDED TO DRAFT 2 AND PASSED IST READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David—7. Noes: Council Member Villegas — 1. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 7 Hawaii County Council-20 August 4,2021 Bill 54: 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 —Housing Choice Emergency Housing Voucher Program account($1,250,000) and the Federal —Housing Choice Emergency Housing Voucher Program Administration account($650,000); and appropriates the same to the Housing Choice Emergency Voucher Program account($1,250,000) and the Office of Housing Other Current Expenses account ($650,000), for a total appropriation of$1.9 million. Funds would be used for immediate start-up costs, payment of rental assistance for eligible participants, and administrative fees. Reference: Comm. 322 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-57 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 55: 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 —Block Grants account($41,851); and appropriates the same to the Kiheipua Emergency Shelter—Certified Kitchen Construction account($2,082) and the Administration, Planning and Fair Housing account($39,769), for a total appropriation of$41,851. Funds would be used towards housing and related needs of persons of low and moderate income throughout the island. Reference: Comm. 323 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-58 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 8 Hawaii County Council-20 August 4,2021 Bill 59: 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 —Section 5311 Coronavirus Response and Relief Supplemental Appropriations Act(CRRSAA) account($8,000,270); and appropriates the same to the Section 5311 (CRRSAA) account. Funds would be used by the Mass Transit Agency for operational costs and to purchase five buses. Reference: Comm. 344 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC PASSED IST READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) 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 Charter 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 First Reading: July 21, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 9 Hawaii County Council-20 August 4,2021 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 First Reading: July 21, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. 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) First Reading: July 21, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 10 Hawaii County Council-20 August 4,2021 REPORTS PC-21 NOMINATION OF ROBERTA KUULEI KEAKEALANI TO THE HAWAII (Comm. 318): COUNTY CULTURAL RESOURCES COMMISSION CONFIRMED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. PC-22 NOMINATION OF MATTHEW CLARK TO THE HAWAII COUNTY (Comm. 319): CULTURAL RESOURCES COMMISSION CONFIRMED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. PC-23 NOMINATION OF AARON SPIELMAN TO THE HAWAII COUNTY (Comm. 320): CULTURAL RESOURCES COMMISSION CONFIRMED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 11 Hawaii County Council-20 August 4,2021 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: July 21, 2021 (Note: There is a motion by Ms. Kimball, seconded by Mr. Inaba, to file Comm. 299.1.) CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Richards, and Villegas —6. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: Council Members Lee Loy and Chair David—2. Comm. 316: BIG ISLAND SCRAP METAL, LLC, VS. COUNTY OF HAWAII CIVIL NO. 15-1-0053 From Deputy Corporation Counsel Lerisa L. Heroldt, dated July 1, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a discussion regarding litigation filed by Stephen M. Tannenbaum, Esquire, on behalf of his client Big Island Scrap Metal, LLC. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. 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. Page 12 Hawaii County Council-20 August 4,2021 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 12:22 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 August 2, 2021. If a response is received after August 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.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