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Home My WebLink AboutAGE COUNCIL 2021-11-03 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 26'h Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii November 3, 2021 REVISED 1:00 P.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, November 2, 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, November 2, 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-26 November 3,2021 INVOCATION Reverend Katlin McCallister of Church of the Holy Apostles CALL TO ORDER 1:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS APPROVAL OF MINUTES October 6, 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. 459: NOMINATION OF LEHUANANI AH NEE TO THE REDISTRICTING COMMISSION From Mayor Mitchell D. Roth, dated October 14, 2021, requesting the Council's review and confirmation. Waived: GOREDC Requires Council Confirmation by: November 28, 2021 (Section 13-4(k), Hawaii County Charter) CONFIRMED: 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 2 Hawaii County Council-26 November 3,2021 ORDER OF RESOLUTIONS Res. 223-21: URGES THE HAWAII STATE LEGISLATURE TO AMEND COFFEE LABELING REQUIREMENTS FOR BLENDS OF GEOGRAPHICALLY NAMED HAWAII-GROWN COFFEE Seeks amendments to State law to increase the minimum amount of Hawai`i- grown coffee from 10 to 51 percent and to identify the geographic origin and corresponding percentage of coffee grown outside of Hawaii in blended coffees labeled as Hawaii-grown. Reference: Comm. 421 Intr. by: Mr. Inaba Approve: GOREDC-17 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. 241-21: URGES THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO CONDUCT A STUDY ON THE COUNTY'S INCLUSIONARY ZONING POLICIES, PURSUANT TO SENATE RESOLUTION NO. 3, AND TO DEVELOP A STRATEGIC ROADMAP FOR HOUSING DEVELOPMENT ON HAWAII ISLAND Requests the development of the zoning policy report and strategic plan to facilitate housing program adjustments and potential amendments to County housing law. Reference: Comm. 441 Intr. by: Ms. Kierkiewicz and Ms. Lee Loy Approve: GOREDC-18 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-26 November 3,2021 Res. 247-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU`U HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 451 Intr. by: Ms. Villegas 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. 248-21: 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR ITS CITRIC ACID VOUCHER PROGRAM FOR COQUI FROG PREVENTION AND ERADICATION Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 452 Intr. by: Ms. Kierkiewicz 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-26 November 3,2021 Res. 249-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII WILDFIRE MANAGEMENT ORGANIZATION TO SUPPORT THE COMMENCEMENT OF A FIREWISE USA®PROGRAM IN THE HAMAKUA COMMUNITY Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Hawaii Fire Department, Fire Protection Other Current Expenses account. Reference: Comm. 457 Intr. by: Ms. Kimball 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. 250-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HO`OLA VETERAN SERVICES FOR ITS HAWAII FARM-TO-CAR PROGRAM Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 458 Intr. by: Mr. Kaneali`i-Kleinfelder 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 5 Hawaii County Council-26 November 3,2021 Res. 253-21: AUTHORIZES THE ACCEPTANCE OF MONETARY AND OTHER DONATIONS TO THE COUNTY OF HAWAII The donations from various individuals and entities, valued at$66,200, would be used for the "TEDxCountyofHawai`i: Local Insights Grow Global Solutions" presentation that focuses on sustainability and resilience. Reference: Comm. 472 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC AMENDED TO DRAFT 2 AND 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. 259-21: SUPPORTS THE PROCLAMATION OF MAYOR MITCHELL D. ROTH RECOGNIZING THE MONTH OF NOVEMBER 2021 AS "FAMILY COURT AWARENESS MONTH" IN THE COUNTY OF HAWAII Reference: Comm. 484 Intr. by: Ms. David Waived: GOREDC 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-26 November 3,2021 BILLS FOR ORDINANCES (FIRST READING) Bill 75: AMENDS CHAPTER 14, ARTICLE 1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ALCOHOLIC BEVERAGES Prohibits the consumption of alcohol at H6naunau Boat Ramp and makes other clerical changes. Reference: Comm. 422 Intr. by: Ms. David Approve: PRPSC-20 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 76: 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 Office of Management Private Contributions account ($100,000); and appropriates the same to the Office of Management Miscellaneous Private Contributions account to allow the County to efficiently accept and expend private contributions. Reference: Comm. 443 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Postponed: October 20, 2021 (Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by Mr. Richards, to pass Bill 76 on first reading.) 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. Page 7 Hawaii County Council-26 November 3,2021 ; and Comm. 443.1: From Finance Director Deanna Sako, dated October 21, 2021, transmitting a proposed amendment to Bill 76. Bill 80: AMENDS CHAPTER 2, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO EXPENDITURES FROM FUND FOR THE WORKFORCE INNOVATION AND OPPORTUNITY ACT PROGRAM Provides a clerical amendment with no change to policy or function. Reference: Comm. 448 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-82 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 85: 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 State Grants —Coffee Berry Borer Pesticide Subsidy Program account($300,000); and appropriates the same to the Department of Research and Development's Coffee Berry Borer Pesticide Subsidy Program account. Funds would be used to assist coffee farmers by offsetting the cost of fungicides used to control Coffee Leaf Rust. Reference: Comm. 467 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 8 Hawaii County Council-26 November 3,2021 Bill 86: 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 —Hawai`i County Police Department Roadblock Program account($64,917.10); and appropriates the same to the Hawaii County Police Department Roadblock Program account, for a total appropriation of$424,917.10. Funds would be used to reduce the number of drivers operating a vehicle while impaired. Reference: Comm. 468 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. Bill 87: 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 —Distracted Driving Project account ($97,880.80); and appropriates the same to the Hawaii County Police Department's Distracted Driving Project account, for a total appropriation of $171,880.80. Funds would be used to reduce the number of drivers using electronic devices while operating a vehicle. Reference: Comm. 469 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 9 Hawaii County Council-26 November 3,2021 Bill 88: 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 —Speed Enforcement account($8,020); and appropriates the same to the Hawaii County Police Department's Speed Enforcement account, for a total appropriation of$254,020. Funds would be used to fund operations focused on speed enforcement. Reference: Comm. 470 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC PASSED IST READING: 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. ORDER OF THE DAY(SECOND OR FINAL READING) Bill 77: 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 —Emergency Rent Assistance Program COVID-19 (ERA1 PT) account($6,110,000); and appropriates the same to the Emergency Rent Assistance Program COVID-19 (ERA1 PT) ($5,499,000) and Administration ($611,000) accounts. Funds would be used to assist families who are at risk of becoming homeless or experiencing housing instability due to the COVID-19 pandemic. Reference: Comm. 445 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 20, 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. Page 10 Hawaii County Council-26 November 3,2021 Bill 78: 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 —Federal Emergency Management Agency — COVID-19 account($3,250,000); and appropriates the same to the Federal Emergency Management Agency —COVID-19 account. Funds would be used to execute emergency response and protective measures related to the COVID-19 pandemic. Reference: Comm. 446 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 20, 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 79: 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 —Volunteer Fire Assistance account ($107,637); and appropriates the same to the Volunteer Fire Assistance—Federal account, for a total appropriation of$197,637. Funds would be used to provide training and equipment to the Hawaii Fire Department. Reference: Comm. 447 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 20, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. REPORTS Page 11 Hawaii County Council-26 November 3,2021 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: 2:57 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 November 1, 2021. If a response is received after November 1, 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 12