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Home My WebLink AboutAGE COUNCIL 2021-09-08 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 22nd Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii September 8, 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, September 7, 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, September 7, 2021, by: (1) email to counciltestiinon a,hawaiicountLgov, (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-22 September 8,2021 INVOCATION Pastor Eric Anderson of Church of the Holy Cross 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 July 7, 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. July 21, 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. 53.7: REPORT OF ATTENDANCE OF COUNCIL MEMBERS INABA, LEE LOY, AND VILLEGAS AT THE KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE MEETING HELD VIA VIDEOCONFERENCING ON AUGUST 12, 2021, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Holeka Goro Inaba, dated August 13, 2021. (Vote on Comm. 53.7 is on the next page.) Page 2 Hawaii County Council-22 September 8,2021 FILED: 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 RESOLUTIONS Res. 179-21: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 OF THE HAWAII REVISED STATUTES, FOR THE HONUA`ULA AFFORDABLE HOUSING PROJECT IN KAILUA-KONA, HAWAII, COVERED BY TAX MAP KEYS: 7-4-004:014 AND 092 Honua`ula LLC requests a change of zoning from Agricultural 1-acre to Multiple Family Residential 2,000-square feet and seeks exemption from Hawaii County Code Sections 5-7-1 and 5-7-3 to waive County permit fees to develop 111 affordable rental units for persons whose income is under sixty percent of the Area Median Income. Reference: Comm. 348 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-28 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. 180-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TWO HISTORICAL SIGNS TO THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION The donation from Malama Wai`aha, valued at approximately $10,000 would be located at Wai`aha Beach Park to commemorate the birthplace of the bodyboard. Reference: Comm. 349 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-63 (Vote on Res. 180-21 is on the next page.) Page 3 Hawaii County Council-22 September 8,2021 ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 181-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF USED EQUIPMENT FOR USE BY THE HAWAII FIRE DEPARTMENT The donation,provided by the Honolulu Fire Department, is valued at$51,189. Reference: Comm. 350 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-64 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. 182-21: 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 COPY MACHINE FOR THE DEPARTMENT OF FINANCE Authorizes the Mayor to enter into a three-year lease agreement with an approximate monthly cost of$260, and would be used by the department's Purchasing, Property Management and Risk Management divisions in Hilo. Reference: Comm. 351 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-65 ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 4 Hawaii County Council-22 September 8,2021 Res. 183-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TWELVE AIR- GAIN ANTENNA AND CRADLE POINT UNITS, AND ASSOCIATED HARDWARE TO THE HAWAII POLICE DEPARTMENT The donation from SSFM International, valued at$34,068.56 would be mounted on the department's blue and white fleet vehicles to extend the range of cell phones and Mobile Data Terminals in areas of poor reception. Reference: Comm. 352 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-66 ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 184-21: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $2,094.40 TO THE DEPARTMENT OF PARKS AND RECREATION The donation from Big Island Candies would be used to support the department's Elderly Activities division's Nutrition Home Delivered Meals program. Reference: Comm. 353 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-67 ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 185-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF LABOR AND MATERIALS TO THE DEPARTMENT OF PARKS AND RECREATION The donation from Kona Aquatics is valued at approximately $10,000 and would be used at the Kona Community Aquatic Center. Reference: Comm. 354 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-68 (Vote on Res. 185-21 is on the next page.) Page 5 Hawaii County Council-22 September 8,2021 ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 186-21: 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 COPY MACHINE FOR THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$250. Reference: Comm. 355 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-69 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. 187-21: 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 COPY MACHINE FOR THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$183. Reference: Comm. 356 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-70 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 6 Hawaii County Council-22 September 8,2021 Res. 189-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR (Draft 2) AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT WITH THE STATE OF HAWAII EMPLOYEES' RETIREMENT SYSTEM Authorizes the Mayor to enter into a six-year agreement, to allow the County to obtain information from the Employees' Retirement System actuary. Reference: Comm. 358.2 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-71 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. 192-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF WIRELESS AIR GAIN AND CRADLEPOINT EQUIPMENT TO THE HAWAII FIRE DEPARTMENT The donation,provided by SSFM International, is valued at approximately $17,664. Reference: Comm. 371 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 7 Hawaii County Council-22 September 8,2021 Res. 193-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT WITH THE CITIES FOR FINANCIAL EMPOWERMENT FUND Authorizes the Mayor to enter into a two-year agreement to receive $202,000 in grant funds to be used by the Office of Housing and Community Development to reduce poverty and increase long-term financial stability. Reference: Comm. 372 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. 194-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR ITS EMERGENCY "GRAB AND GO" COMMUNITY FEEDING PROGRAM Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 373 Intr. by: Mr. Richards 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 8 Hawaii County Council-22 September 8,2021 BILLS FOR ORDINANCES (FIRST READING) Bill 57: AMENDS ORDINANCE NO. 13-98, WHICH RECLASSIFIED LANDS FROM (Draft 3) AGRICULTURAL—3 ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-003:PORTION 021 (Applicant: Kristilee and Henry Correa Jr. Trust) (Area: 6.003 acres) The Windward Planning Commission forwards its favorable recommendation for approval, which would delete Condition C (Time to Secure Final Subdivision Approval) in its entirety and amend Condition K(Fair Share Contribution). The property is located along the north side of Kawailani Street, adjacent to and east of the Life Care Complex. Reference: Comm. 331.5 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-29 AMENDED TO DRAFT 4 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. ; and Comm. 331.7: From Council Member Aaron S. Y. Chung, dated August 31, 2021, transmitting a proposed amendment to Bill 57, Draft 3. Bill 60: AMENDS CHAPTER 15, ARTICLE 7, SECTION 15-62, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE MEMBERSHIP AND TENURE OF THE VETERANS ADVISORY COMMITTEE Removes six existing veteran organizations that provide representatives to serve on the Veterans Advisory Committee and increases at-large membership from one member to seven members. Reference: Comm. 346 Intr. by: Mr. Inaba and Ms. Lee Loy Approve: PRPSC-18 (Vote on Bill 60 is on the next page) Page 9 Hawaii County Council-22 September 8,2021 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 64: 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 —Improve Forensic Services account ($23,000); and appropriates the same to the Improve Forensic Services account, for a total appropriation of$78,000. Funds would be used to provide training and equipment for digital evidence extraction and analysis for the Hawaii Police Department's Criminal Investigations Division. Reference: Comm. 370 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. Page 10 Hawaii County Council-22 September 8,2021 Bill 65: AUTHORIZES THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, DESIGNATED AS HAWAII COUNTY COMMUNITY FACILITIES DISTRICT NO. 1-2021 (KALOKO HEIGHTS PROJECT), INCLUDING THE TERM AND BOUNDARIES OF THE DISTRICT, THE IMPROVEMENTS AND INCIDENTAL EXPENSES TO BE FUNDED THEREBY AND THE MAXIMUM PRINCIPAL AMOUNT OF BONDS TO BE ISSUED FOR SUCH IMPROVEMENTS AND INCIDENTAL EXPENSES; AUTHORIZES THE LEVY OF A SPECIAL TAX ON PROPERTIES WITHIN SUCH DISTRICT AND THE RATE AND METHOD OF APPORTIONMENT FOR THE SPECIAL TAX; AND MAKES CERTAIN FINDINGS AND DETERMINATIONS REGARDING THE DISTRICT, AND AUTHORIZES CERTAIN FURTHER ACTIONS WITH RESPECT THERETO Authorizes the formation of 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. 377 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. Page 11 Hawaii County Council-22 September 8,2021 ORDER OF THE DAY(SECOND OR FINAL READING) 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) First Reading: August 18, 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. 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) First Reading: August 18, 2021 (Vote on Bill 61 is on the next page) Page 12 Hawaii County Council-22 September 8,2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. REPORTS 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: 11:26 a.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 September 3, 2021. If a response is received after September 3, 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 Page 13 Hawaii County Council-22 September 8,2021 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 14