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Home My WebLink AboutAGE COUNCIL 2021-11-18 2020-2022 Hawaii County Clerk 11/10/2021 12:09:42 PM 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 27fl' Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii November 18, 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 for in-person attendance. 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 Wednesday, November 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 Wednesday,November 17, 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.hawaiicounly.gov. If the livestream is unavailable, please go to https://www.youtube.com/channel/UCJNalwg40oK7a7nGnEtGPA. Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Clerk 11/10/2021 12:09:42 PM Hawaii County Council-27 November 18,2021 INVOCATION Pastor Brian Keiser of Lutheran Church of the Holy Trinity 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 October 20, 2021 COMMUNICATIONS Comm. 456: NOMINATION OF KEA KEOLANUI TO THE WATER BOARD From Mayor Mitchell D. Roth, dated October 12, 2021, requesting the Council's review and confirmation. Waived: RAWEEMC (Comm. 456.1) Requires Council Confirmation by: November 27, 2021 (Section 13-4(k), Hawai`i County Charter) ORDER OF RESOLUTIONS Res. 167-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF HAWAIIAN HOME LANDS Requests access to various Department of Hawaiian Home Lands properties to allow the County to remove abandoned and derelict vehicles. Reference: Comm. 327 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Postponed: July 21, 2021 (Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by Ms. Kierkiewicz, to adopt Res. 167-21.) (Comm. 327.2 continues on the next page) Page 2 Hawaii County Clerk 11/10/2021 12:09:42 PM Hawaii County Council-27 November 18,2021 ; and Comm. 327.2: From Council Member Susan L. K. Lee Loy, dated October 27, 2021, requesting Res. 167-21 be agendized. Res. 251-21: CREATES ONE NEW FIRE CAPTAIN POSITION FOR THE HAWAII FIRE DEPARTMENT From Finance Director Deanna Sako, dated October 15, 2021, requests creation of a supervisory position to oversee and assist with Fire Dispatch services. Reference: Comm. 463 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-83 Res. 252-21: 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 $69,000 in federally derived funds, which would be used to implement a landlord-tenant mediation program for those impacted by the expiration of the moratorium on evictions. Reference: Comm. 465 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-84 Res. 254-21: 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 PO`E KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,250 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. 479 Intr. by: Ms. David Page 3 Hawaii County Clerk 11/10/2021 12:09:42 PM Hawaii County Council-27 November 18,2021 Res. 255-21: 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 LIONS CLUB OF KONA COMMUNITY FOUNDATION, INC., TO ASSIST THE KONAWAENA HIGH SCHOOL LEO CLUB WITH ITS COMMUNITY OUTREACH PROJECT Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 480 Intr. by: Ms. David Res. 256-21: 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 LIONS CLUB OF KONA COMMUNITY FOUNDATION, INC., TO ASSIST THE KONAWAENA HIGH SCHOOL LEO CLUB WITH ITS COMMUNITY OUTREACH PROJECT Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 481 Intr. by: Mr. Inaba Res. 257-21: 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 LIONS CLUB OF KONA COMMUNITY FOUNDATION, INC., TO ASSIST THE KONAWAENA HIGH SCHOOL LEO CLUB WITH ITS SOIL AND WATER CONSERVATION COMMUNITY OUTREACH PROJECT Transfers $2,500 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 482 Intr. by: Ms. Villegas Page 4 Hawaii County Clerk 11/10/2021 12:09:42 PM Hawaii County Council-27 November 18,2021 Res. 258-21: 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 AUTISM SOCIETY OF HAWAII FOR THE 13TH ANNUAL SURFERS HEALING HAWAII EVENT AT RICHARDSON OCEAN PARK Transfers $500 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 483 Intr. by: Ms. Lee Loy Res. 260-21: 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 ISLAND LGBTQ PRIDE FOR EDUCATIONAL MATERIALS AND SUPPLIES FOR CLASSROOMS AND PUBLIC EVENTS 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. 486 Intr. by: Ms. Kierkiewicz Res. 261-21: 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 PAHOA SCHOOLS SUPPORT FOUNDATION TO ASSIST WITH FUNDING COMMUNITY ENGAGEMENT EVENTS FOR PAHOA PUBLIC SCHOOLS Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 487 Intr. by: Ms. Kierkiewicz Page 5 Hawaii County Clerk 11/10/2021 12:09:42 PM Hawaii County Council-27 November 18,2021 BILLS FOR ORDINANCES (FIRST READING) Bill 81: AMENDS CHAPTER 2, OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE TO IMPLEMENT A COUNTY TRANSIENT ACCOMMODATIONS TAX Establishes a three percent transient accommodations tax to be levied on all gross rental, gross rental proceeds, and fair market rental value considered taxable, under the definitions of Section 237D-1, Hawaii Revised Statutes, beginning on January 1, 2022. Reference: Comm. 449.10 Intr. by: Ms. Kimball Approve: FC-85 and Comm. 449.11: From Council Member Herbert M. "Tim"Richards, III, dated November 9, 2021, transmitting a proposed amendment to Bill 81, Draft 2. Bill 82: 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 State Grants—West Hawai`i Ocean Safety account ($27,399), and appropriates same to the West Hawaii Ocean Safety Salary and Wages account, bringing the total appropriation to $1,252,785. Funds would be used to fund operations at Hapuna Beach Park. Reference: Comm. 464 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-86 Bill 83: 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—Hawaii Island Landlord/Tenant Mediation Grant- American Rescue Plan Act account($69,000), and appropriates same to the Hawaii Island Landlord/Tenant Mediation Grant- American Rescue Plan Act account. Funds would be used to implement a landlord-tenant mediation program for those impacted by the expiration of the moratorium on evictions. Reference: Comm. 465 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-87 Page 6 Hawaii County Clerk 11/10/2021 12:09:42 PM Hawaii County Council-27 November 18,2021 Bill 84: 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& Opportunity Act account($40,127), and appropriates same to the Workforce Innovation & Opportunity Act—Adult Program 2020-21 account. Funds would be used to provide adult workforce training to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 466 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-88 Bill 93: 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($60,000), and appropriates same to the Mass Transit Agency's Rural Transit Assistance Program account, bringing the total appropriation to $90,000. Funds would be used for costs of trainings and travel to conferences related to rural transit operations, planning, and maintenance. Reference: Comm. 496 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ORDER OF THE DAY(SECOND OR FINAL 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 First Reading: November 3, 2021 Page 7 Hawaii County Clerk 11/10/2021 12:09:42 PM Hawaii County Council-27 November 18,2021 Bill 76: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING (Draft 2) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Office of Management Private Contributions—TEDx account($100,000); and appropriates the same to the Office of Management Miscellaneous Private Contributions—TEDx account to allow the County to efficiently accept and expend private contributions. Reference: Comm. 443.2 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Postponed: October 20, 2021 First Reading: November 3, 2021 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) First Reading: November 3, 2021 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) First Reading: November 3, 2021 Page 8 Hawaii County Clerk 11/10/2021 12:09:42 PM Hawaii County Council-27 November 18,2021 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) First Reading: November 3, 2021 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) First Reading: 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) First Reading: November 3, 2021 REPORTS Page 9 Hawaii County Clerk 11/10/2021 12:09:42 PM Hawaii County Council-27 November 18,2021 REFERRALS FOR EXECUTIVE SESSION Comm. 493: DAVID RIEHLE V. COUNTY OF HAWAII; CIVIL NO. 3CCV-20-0000055 From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated October 27, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including litigation filed by Daniel P. Kirley, Esquire, on behalf of his client David Riehle. 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. 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 November 16, 2021. If a response is received after November 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 submittal. Each video submittal shall be limited to a single agenda item. Video submittals may Page 10 Hawaii County Clerk 11/10/2021 12:09:42 PM Hawaii County Council-27 November 18,2021 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 11