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Home My WebLink AboutAGE COUNCIL 2022-02-09 2020-2022 Hawaii County Clerk 02/03/2022 02:14:01 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 32,d Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii February 9, 2022 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 for in-person attendance. Oral Public Testimony: To provide oral public testimony, email relley.aracele@,hawaiicounty.gov or call (808) 961-8255 to complete the registration process and receive information to join the meeting via Zoom video conferencing. Please contact our office and register by 12:00 noon, Tuesday,February 8,2022. 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,February 8,2022,by: (1) email to counciltestimony@hawaiicounty.gov, (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: To view the live stream of this meeting, at the scheduled meeting start time,type the following into the address bar of the browser: http://hawaiicounty.granicus.com/ViewPublisher.php?view_id=1. Please call 961-8255 if the Council's streaming location is not functioning. If the Council's stream is deemed inoperable, the following address will be provided for the live stream and should be typed into the browser: https://www.youtube.com/channel/UCJNalwg40oK7a-7nGnEtGPA. Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Clerk 02/03/2022 02:14:01 PM Hawaii County Council-32 February 9,2022 INVOCATION Pastor Howard Nash of Thy Word Ministries CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT,AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS APPROVAL OF MINUTES December 22, 2021 January 5, 2022 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 304-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE PROJECT GRAD FOR THE 2022 GRADUATES OF KEALAKEHE HIGH SCHOOL AND WEST HAWAII EXPLORATIONS ACADEMY Transfers $4,000 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 588 Intr. by: Mr. Inaba Res. 306-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LA`I`OPUA 2020 FOR EXPENSES RELATING TO ITS KONA MELE PROJECT Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 593 Intr. by: Ms. David Page 2 Hawaii County Clerk 02/03/2022 02:14:01 PM Hawaii County Council-32 February 9,2022 Res. 308-22: HE `OLELO HO`OHOLO E HO`IKE ANA `O PEPELUALI KA MAHINA `OLELO HAWAII MA KE KALANA O HAWAII `Ike n6 ka `Aha Kalana i ka waiwai o ka Mahina `Olelo Hawaii no ka ho`61a o ka `61elo Hawaii. A RESOLUTION RECOGNIZING FEBRUARY AS MAHINA `OLELO HAWAII IN THE COUNTY OF HAWAII The County Council recognizes the importance of Mahina `Olelo Hawai`i in the revitalization of the Hawaiian language. Reference: Comm. 599 Intr. by: Mr. Inaba Res. 310-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF COVID VACCINATION TRANSPORTATION SERVICES FROM UBER The donation of services valued at $75,000 provides up to four vouchers to each participant to be used for travel to and from vaccination sites. Reference: Comm. 603 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 3 Hawaii County Clerk 02/03/2022 02:14:01 PM Hawaii County Council-32 February 9,2022 BILLS FOR ORDINANCES (FIRST READING) Bill 106: AMENDS SECTION 25-8-23 (VOLCANO—MT. VIEW 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, 20,000 SQUARE FEET (RS-20) TO VILLAGE COMMERCIAL, 10,000 SQUARE FEET (CV-10) AT `OLA`A SUMMER LOTS, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-9-004:051 (Applicant: Raja Daggula) (Area: 0.838 acre) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to construct a three-unit short-term vacation rental complex consisting of three one-story single-family dwellings and a six-stall parking area. The property is located on the north side of Old Volcano Road, approximately 335 feet west of its intersection with Wright Road in Puna. Reference: Comm. 572 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-44 and Comm. 572.2: From Council Member Ashley L. Kierkiewicz, dated February 2, 2022, transmitting proposed amendments to Bill 106. Bill 114: AMENDS CHAPTER 15, ARTICLE 9, SECTION 15-72, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING KAMEHAMEHA PARK TO THE FARMERS MARKET FACILITY SCHEDULE Allows a farmers market to be established and operated at Kamehameha Park in Kohala. Reference: Comm. 600 Intr. by: Mr. Richards Waived: PRPSC Page 4 Hawaii County Clerk 02/03/2022 02:14:01 PM Hawaii County Council-32 February 9,2022 Bill 116: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022 Adds the Public Works Waianuenue Avenue Bridge Modernization project to the Capital Budget: County ($517,500) and Federal ($1,656,000). Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund— Fund Balance and/or Other Sources ($517,500) and Federal Grants Receivable ($1,656,000), and would be used for planning, design, and management costs. Reference: Comm. 604 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Bill 117: 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 Fund Balance from Previous Year account($2,922,000), and appropriates same to the following accounts: Human Resources Other Current Expenses ($49,000) and Equipment($2,000); Police Dispatch Salaries and Wages ($116,000); Police Investigation Cause of Death ($200,000); Training and Volunteer Fire Other Current Expenses ($35,000) and Equipment($73,000); Helicopter Services ($250,000); Parks and Recreation Administration Other Current Expenses ($35,000) and Equipment($220,000); Parks Maintenance Equipment($60,000); Environmental Management Other Current Expenses ($31,000) and Equipment($41,000); Transfer to Solid Waste Fund ($410,000); and Workers Compensation—General ($1,400,000). Funds would be used to cover unanticipated costs. ; and Bill 118: 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 Transfer from General Fund account($410,000), and appropriates same to the following accounts: Landfills Salaries and Wages ($200,000) and Landfills Other Current Expenses ($210,000). Reference: Comm. 605 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 5 Hawaii County Clerk 02/03/2022 02:14:01 PM Hawaii County Council-32 February 9,2022 Bill 119: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022 Adds the Police East Hawaii Animal Control Facilities and Renovations project for $2 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources. Reference: Comm. 606 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter ORDER OF THE DAY(SECOND OR FINAL READING) Bill 99: AMENDS ORDINANCE NO. 11-73, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FORTY ACRES (A-40a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT PU`UKAPU, SOUTH KOHALA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 6-4-017:042 (Applicant: Cynthia Foster) (Area: Approx. 17.88 acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment, which requests a five-year time extension to comply with Condition C (Time to Secure Final Subdivision Approval) with an amendment to Condition J (Inadvertent Cultural/Historic Finds). The property is located along the north side of Mamalahoa Highway approximately 750 feet west of its intersection with Kipahele Street in Waimea. Reference: Comm. 548 Intr. by: Ms. Kierkiewicz (B/R) First Reading: January 19, 2022 Page 6 Hawaii County Clerk 02/03/2022 02:14:01 PM Hawaii County Council-32 February 9,2022 Bill 100: REPEALS ORDINANCE NO. 97-106, WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL—20,000 SQUARE FEET (ML-20) TO INDUSTRIAL- COMMERCIAL MIXED—20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-032:023, 101, 102, 103 AND 104 (Planning Director initiated) (Area: Approx. 147,736 square feet) The Windward Planning Commission forwards its favorable recommendation to repeal Ordinance No. 97-106, which would reclassify the property back to its original designation of Limited Industrial—20,000 square feet. The property is located on the southeast corner of Kalanikoa and Kuawa Streets in Hilo. Reference: Comm. 549 Intr. by: Ms. Kierkiewicz (B/R) First Reading: January 19, 2022 Bill 101: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-001:168 (Applicant: Hawaii Island Community Development Corporation) (Area: Approx. 9.091 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow the applicant to develop 90 units of affordable housing and other related services in South Hilo. The property is located approximately 1,600 feet west of the Mohouli and Komohana Street intersection in Waiakea. Reference: Comm. 550 Intr. by: Ms. Kierkiewicz (B/R) First Reading: January 19, 2022 and Comm. 550.2: From Council Member Ashley L. Kierkiewicz, dated January 25, 2022, transmitting a corrected map labeled as Exhibit A. Page 7 Hawaii County Clerk 02/03/2022 02:14:01 PM Hawaii County Council-32 February 9,2022 Bill 102: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279, SCHEDULE 27, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED AT ALL TIMES AND AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, SCHEDULE 28, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NO PARKING AT ANY TIME Amends Section 24-279, Schedule 27 (Parking on Pavement prohibited at all times), and amends Section 24-280 (No Parking at Any Time), by adding new provisions for portions of Kalapana-Kapoho Beach Road, Subsection (g), Puna. Reference: Comm. 551 Intr. by: Ms. Lee Loy (B/R) First Reading: January 19, 2022 Bill 105: AMENDS CHAPTER 18, ARTICLE 4, SECTION 18-90 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO FARES FOR PUBLIC TRANSPORTATION Establishes a temporary suspension of fares for all mass transit fixed routes and paratransit services until December 31, 2023. The fare suspension will not apply to County-contracted shared-ride services, curb-to-curb van services operated by the Department of Parks and Recreation, or non-fixed bus services provided in partnership with non-profit organizations. Reference: Comm. 568 Intr. by: Ms. Lee Loy (B/R) First Reading: January 19, 2022 Bill 108: 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 Federal Grants—Hazard Mitigation Grant Program- Shoreline and Riparian Setbacks Hawaii County account($13,500), and appropriates same to Hazard Mitigation Grant Program-Shoreline and Riparian Setbacks Hawaii County account. Funds would be used for administrative and management costs. Reference: Comm. 580 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 19, 2022 Page 8 Hawaii County Clerk 02/03/2022 02:14:01 PM Hawaii County Council-32 February 9,2022 Bill 109: 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 Federal Grants— Section 5339 Capital Grant Fiscal Year 21-22 account($10,522,667), and appropriates same to Section 5339 Capital Grant Fiscal Year 21-22 account. Funds would be used to rehabilitate and purchase buses and related equipment and to construct bus-related facilities. Reference: Comm. 581 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 19, 2022 Bill 110: 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 Fund Balance from Previous Year account($770,000), and appropriates same to Highway Maintenance Administration Equipment account. Funds would be used for price increases on equipment purchases and to acquire equipment that was budgeted for in the previous fiscal year but not purchased due to lack of vendors. Reference: Comm. 582 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 19, 2022 REPORTS PC-42 NOMINATION OF WAYNE K. DE LUZ TO THE WINDWARD PLANNING (Comm. 577): COMMISSION Requires Council Confirmation by: February 11, 2022 (Section 134(k), Hawai`i County Charter) PC-43 NOMINATION OF DAVID A. WISEMAN TO THE BOARD OF APPEALS (Comm. 578): Requires Council Confirmation by: February 11, 2022 (Section 134(k), Hawai`i County Charter) Page 9 Hawaii County Clerk 02/03/2022 02:14:01 PM Hawaii County Council-32 February 9,2022 GOREDC-21 NOMINATION OF ERICK ALLENDE TO THE BOARD OF ETHICS (Comm. 576): Requires Council Confirmation by: February 11, 2022 (Section 13-4(k), Hawai`i County Charter) PRPSC-31 NOMINATION OF JENNIFER YADAO TO THE LIQUOR COMMISSION (Comm. 579): Requires Council Confirmation by: February 11, 2022 (Section 13-4(k), Hawai`i County Charter) 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 February 7, 2022. If a response is received after February 7, 2022, 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. Copies of this agenda and items listed on the agenda are available on the County website at www.hawaiicounly.gov, by clicking on Council Records and navigating to the current agenda. For copies of the agenda or questions, please contact Council Services at 961-8255. Page 10 Hawaii County Clerk 02/03/2022 02:14:01 PM Hawaii County Council-32 February 9,2022 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 11