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Home My WebLink AboutAGE COUNCIL 2021-09-22 2020-2022 Hawaii County Clerk 09/16/2021 08:32:32 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 23rd Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii September 22, 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, September 21, 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 21,2021, by: (1) email to counciltestimonyCa�hawaiicount.goy, (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 09/16/2021 08:32:32 AM Hawaii County Council-23 September 22,2021 INVOCATION Senior Pastor Sunny Alm of Kona United Methodist 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 August 4, 2021 August 18, 2021 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 190-21: URGES THE HAWAII STATE LEGISLATURE TO CONTINUE PURSUING LEGISLATION THAT ENCOURAGES THE DEPARTMENT OF EDUCATION TO DEVELOP A CURRICULUM FOR FINANCIAL LITERACY AND INCLUDE THESE TEACHINGS AS A COURSE REQUIREMENT FOR EACH STUDENT BY 2022 Urges implementing a curriculum of practical courses in financial skills which would provide young adults knowledge of services and tools available to help achieve financial stability. Reference: Comm. 365 Intr. by: Mr. Kaneali`i-Kleinfelder Approve: GOREDC-16 Page 2 Hawaii County Clerk 09/16/2021 08:32:32 AM Hawaii County Council-23 September 22,2021 Res. 191-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF DEFENSE Authorizes the Mayor to enter into an agreement for the Civil Defense Agency's use of two classrooms at Keaukaha Military Reserve to conduct daily operations during renovations to its permanent office. Reference: Comm. 368 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-72 Res. 196-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HEART RANCH FOR ITS EQUINE ASSISTED PSYCHOTHERAPY, EQUINE ASSISTED LEARNING, AND MENTORSHIP PROGRAMS FOR YOUTH DEVELOPMENT Transfers $1,500 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 379 Intr. by: Ms. Kierkiewicz Res. 197-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NORTH KOHALA COMMUNITY RESOURCE CENTER FOR REIMBURSEMENT OF EXPENSES RELATING TO THE PURCHASE OF SCHOOL SUPPLIES FOR STUDENTS ATTENDING KOHALA MIDDLE SCHOOL 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. 381 Intr. by: Mr. Richards Page 3 Hawaii County Clerk 09/16/2021 08:32:32 AM Hawaii County Council-23 September 22,2021 Res. 198-21: 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 THE LIGHT UP THE NIGHT AGAINST DOMESTIC VIOLENCE COMMUNITY AWARENESS CAMPAIGN Transfers $1,500 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 382 Intr. by: Mr. Richards Res. 205-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF SEVEN BENCHES AND TWO SEATS TO THE DEPARTMENT OF PARKS AND RECREATION The donation from an anonymous benefactor through the Friends of Lili`uokalani Gardens, valued at approximately $14,100, would be installed at Lili`uokalani Gardens. Reference: Comm. 394 Intr. by: Mr. Kaneali`i-Kleinfelder Waived: FC Res. 206-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$79, to be used by the department's Parks Maintenance Division. Reference: Comm. 395 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 4 Hawaii County Clerk 09/16/2021 08:32:32 AM Hawaii County Council-23 September 22,2021 Res. 207-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF DEFENSE, HAWAII EMERGENCY MANAGEMENT AGENCY Allows for the receipt of$162,190.50 in Federally-derived funds, to be used for drainage improvements at the Police Department's Public Safety Building located at 349 Kapiolani Street. Reference: Comm. 396 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 208-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR THREE MULTI-FUNCTION COPY MACHINES FOR THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT Authorizes the Mayor to enter into five-year lease agreements with an approximate total monthly cost of$1,717, to be used by the Administration Division, Existing Housing Division, and West Hawaii Civic Center office. Reference: Comm. 397 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 62: 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—Area Plan on Aging account($1,327,797); and appropriates the same to the Area Plan on Aging account. Funds would be used to provide services outlined in the Older Americans Act of 1965 with a focus on alleviating the effects of the COVID-19 pandemic on seniors. Reference: Comm. 367 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-73 Page 5 Hawaii County Clerk 09/16/2021 08:32:32 AM Hawaii County Council-23 September 22,2021 Bill 63: 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—Community Development Block Grant Disaster Recovery Supplemental 2 account($23,720,000); and appropriates the same to the Community Development Block Grant Disaster Recovery Supplemental 2 account. Funds would be primarily used to support disaster relief and long-term recovery related to the 2018 Kilauea eruption. Reference: Comm. 369 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-74 Bill 67: 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—Hazard Mitigation Grant Program— Hawai`i Police Department account($162,190.50); and appropriates the same to the Hazard Mitigation Grant Program—Hawai`i Police Department account. Funds would be used for drainage improvements to mitigate flooding impact to the Police Department's Public Safety Building located at 349 Kapiolani Street. Reference: Comm. 396 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Bill 68: 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—2021 Hawaii Island Homeowner Assistance Program—Administration account($39,500); and appropriates the same to the 2021 Hawaii Island Homeowner Assistance Program— Administration account. Funds would be used to implement a homeowner assistance fund program for households impacted by the COVID-19 pandemic. Reference: Comm. 398 Intr. by: Mr. Kaneali`i-Kleinfelder Waived: FC Page 6 Hawaii County Clerk 09/16/2021 08:32:32 AM Hawaii County Council-23 September 22,2021 Bill 69: 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—Rural Transit Assistance Program account($20,000); and appropriates the same to the Rural Transit Assistance Program account, for a total appropriation of$30,000. Funds would be used by Mass Transit staff to attend the Zero Emission Bus Conference. Reference: Comm. 399 Intr. by: Mr. Kaneali`i-Kleinfelder Waived: FC Bill 70: 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—Hazard Mitigation Grant Program— Climate Change Adaptation account($75,000); and appropriates the same to the Hazard Mitigation Grant Program—Climate Change Adaptation account. Funds would be used to identify climate change impacts and develop mitigation measures, action priorities, and an implementation plan. Reference: Comm. 400 Intr. by: Mr. Kaneali`i-Kleinfelder Waived: FC ORDER OF THE DAY(SECOND OR FINAL READING) Bill 57: AMENDS ORDINANCE NO. 13-98, WHICH RECLASSIFIED LANDS FROM (Draft 4) 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. 331.10 Intr. by: Ms. Kierkiewicz (B/R) First Reading: September 8, 2021 Page 7 Hawaii County Clerk 09/16/2021 08:32:32 AM Hawaii County Council-23 September 22,2021 Bill 60: AMENDS CHAPTER 15, ARTICLE 7, SECTION 15-62, OF THE HAWAII (Draft 2) 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. 346.3 Intr. by: Mr. Inaba and Ms. Lee Loy First Reading: September 8, 2021 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) First Reading: September 8, 2021 Page 8 Hawaii County Clerk 09/16/2021 08:32:32 AM Hawaii County Council-23 September 22,2021 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) First Reading: September 8, 2021 REPORTS GOREDC-15 NOMINATION OF KATE DE SOTO TO THE MERIT APPEALS BOARD (Comm. 376): Requires Council Confirmation by: October 6, 2021 (Section 134(k), Hawai`i County Charter) REFERRALS FOR EXECUTIVE SESSION Comm. 5.1: ALEXANDREA NEWELL V. COUNTY OF HAWAII, ET. AL., CIVIL NO. 19-1-016 From Deputy Corporation Counsel Mark D. Disher, dated August 26, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including litigation filed by Scott Mattoch on behalf of his client Alexandrea M. Newell. 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 9 Hawaii County Clerk 09/16/2021 08:32:32 AM Hawaii County Council-23 September 22,2021 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 September 20, 2021. If a response is received after September 20, 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 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