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Home My WebLink AboutAGE COUNCIL 2021-08-18 2020-2022 Hawaii County Clerk 08/12/2021 10:58:02 AM 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 21" Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii August 18, 2021 11:00 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.araceleyJa�hawaiicouno�.gov or call (808) 961-8255 no later than 12:00 noon on Tuesday,August 17, 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 17, 2021, by: (1) email to counciltestimonyJa�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 Hawaii County Clerk 08/12/2021 10:58:02 AM Hawaii County Council-21 August 18,2021 INVOCATION Kahu Kealoha Ka`opua of Calvary Community Church in Kona 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. 311.1: REPORT FROM THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT DESCRIBING THE PROPOSED FACILITIES FOR THE HAWAII COUNTY COMMUNITY FACILITIES DISTRICT NO. 1-2021 (KALOKO HEIGHTS PROJECT), FILED WITH THE COUNTY COUNCIL PURSUANT TO SECTION 32-21 OF THE HAWAII COUNTY CODE From Environmental Management Director Ramzi Mansour, dated July 30, 2021, transmitting the above report pursuant to Resolution No. 158-21. ORDER OF RESOLUTIONS Res. 170-21: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO (Draft 2) NEGOTIATIONS FOR THE ACQUISITION OF WAI`ELE IN THE DISTRICT OF PUNA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire the properties to protect archaeological structures, raised trails, and a rare grove of hala trees and to provide access to the shoreline for gathering, educational, recreational, and cultural practices. These parcels consist of approximately 165 acres of land with 2,000 feet of shoreline. Reference: Comm. 333.3 Intr. by: Ms. Kierkiewicz Approve: FC-59 Page 2 Hawaii County Clerk 08/12/2021 10:58:02 AM Hawaii County Council-21 August 18,2021 Res. 171-21: ACCEPTS THE DEDICATION OF ROADWAY LOT A, AREA 2,086 SQUARE FEET, BLOCK 46, WAIAKEA HOUSE LOTS EXTENSION, BEING IDENTIFIED AS A PORTION OF TAX MAP KEY 2-2-050-043, SITUATED AT WAIAKEA, SOUTH HILO, ISLAND AND COUNTY OF HAWAII FROM TREVOR L. RODRIGUES The landholder seeks to dedicate the roadways and all improvements for public roadway purposes. Reference: Comm. 335 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-10 Res. 172-21: SUPPORTS THE NAMING AND DEDICATION OF THE PAHOA ROUNDABOUT IN MEMORY OF RENS SIRACUSA TO HONOR HER LIFE, LEGACY, AND SIGNIFICANT CONTRIBUTIONS TO PUNA Requests the State Department of Transportation to officially name and dedicate the Rene Siracusa Pahoa Roundabout. Reference: Comm. 336 Intr. by: Ms. Kierkiewicz Approve: PWMTC-11 Res. 174-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES GEOLOGICAL SURVEY Funds in the amount of$48,880 would be used to continue the Cooperative Flood-Monitoring Program, which consists of the planning and designing of flood management systems such as bridges, culverts, and levees. Reference: Comm. 338 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-60 Page 3 Hawaii County Clerk 08/12/2021 10:58:02 AM Hawaii County Council-21 August 18,2021 Res. 175-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF FINANCE Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$250, and would be used by the department's Real Property Tax Division in Kona. Reference: Comm. 339 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-61 Res. 176-21: AUTHORIZES THE ACCEPTANCE OF ALL DONATIONS OF SECURITIES OR PERSONAL PROPERTY TO THE COUNTY OF HAWAII WITHIN THE CURRENT FISCAL YEAR(FY2022) THAT ARE NOT COVERED BY THE DEPARTMENT OF FINANCE'S CAPITALIZATION PROCEDURES Authorizes the Council to accept all donations of commodities not covered by the Finance Department's capitalization procedures,provided that at the end of each fiscal year the Finance Director shall submit a report of the donations received to the Council. Reference: Comm. 340 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-62 and Comm. 340.1: From Finance Director Deanna Sako, dated August 4, 2021, transmitting a proposed amendment to Res. 176-21. Res. 188-21: 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$9.5 million in Federally-derived funds, which would be used to implement a homeowner assistance fund program for households impacted by the COVID-19 pandemic. Reference: Comm. 357 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 4 Hawaii County Clerk 08/12/2021 10:58:02 AM Hawaii County Council-21 August 18,2021 BILLS FOR ORDINANCES (FIRST READING) Bill 52: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-005:015 Negative: PC-25 (Due to a vote of 3-ayes, 5-noes, 1-absent) and Bill 53: AMENDS SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE (A-la) AND AGRICULTURAL—FIVE ACRES (A-5A) TO SINGLE FAMILY RESIDENTIAL—22,000 SQUARE FEET (RS-22) AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-005:015 (Applicants: Timothy Joseph Ward and Kay Lynn Ward) (Area: approx. 3.992 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Maps and change of zone, which would allow the Applicant to apply for subdivision of the property into six buildable lots with a minimum of 22,000 square feet for each lot. The property is located at 73-4350 Hawaii Belt Road, south of its intersection with Kaiminani Drive. Reference: Comm. 314 Intr. by: Ms. Kierkiewicz (B/R) Negative: PC-26 (Due to a vote of 2-ayes, 6-noes, 1-absent) Page 5 Hawaii County Clerk 08/12/2021 10:58:02 AM Hawaii County Council-21 August 18,2021 Bill 58: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL— 7,500 SQUARE FEET (CG-7.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-024:022 (Applicants: John Wagner and Charlene Iboshi) (Area: 19,295 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicants to formalize the existing commercial use of the property as general office space and allow for future land uses permitted in the General Commercial District. The property is located at 1290 Kino`ole Street, southwest corner of Kino`ole and Lono Street intersection. Reference: Comm. 332 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-27 Bill 61: 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 Homeowner Assistance Program account($9,500,000); and appropriates the same to the Hawaii Island Homeowner Assistance Program. Funds would be used to implement a homeowner assistance fund program for households impacted by the COVID-19 pandemic. Reference: Comm. 357 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 6 Hawaii County Clerk 08/12/2021 10:58:02 AM Hawaii County Council-21 August 18,2021 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 44: AMENDS THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS (Draft 2) 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. 281.32 Intr. by: Ms. Lee Loy (B/R) Postponed: July 7 and 21, 2021 First Reading: August 4, 2021 and Comm. 281.19: From Council Member Rebecca Villegas, dated July 30, 2021, transmitting a proposed amendment to Bill 44. ; and Comm. 281.20: From Council Member Rebecca Villegas, dated July 30, 2021, transmitting a proposed amendment to Bill 44. ; and Comm. 281.21: From Council Member Rebecca Villegas, dated August 2, 2021, transmitting a proposed amendment to Bill 44. ; and Comm. 281.22: From Council Member Rebecca Villegas, dated August 2, 2021, transmitting a proposed amendment to Bill 44. Page 7 Hawaii County Clerk 08/12/2021 10:58:02 AM Hawaii County Council-21 August 18,2021 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) First Reading: August 4, 2021 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) First Reading: 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) First Reading: August 4, 2021 Page 8 Hawaii County Clerk 08/12/2021 10:58:02 AM Hawaii County Council-21 August 18,2021 REPORTS PC-24 RECOMMENDS REMOVAL OF MARK VAN PERNIS FROM THE (Comm. 183): LEEWARD PLANNING COMMISSION PWMTC-9 NOMINATION OF KRISTY CRUZ TO THE TRANSPORTATION (Comm. 334): COMMISSION 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 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 August 16, 2021. If a response is received after August 16, 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. 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. 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 Page 9 Hawaii County Clerk 08/12/2021 10:58:02 AM Hawaii County Council-21 August 18,2021 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 10