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Home My WebLink AboutAGE COUNCIL 2022-03-09 2020-2022 Hawaii County Clerk 03/03/2022 01:07:17 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 34th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii March 9, 2022 1:00 P.M. Pursuant to Governor Ige's most recent emergency proclamation, this meeting will not be open to the public for in-person attendance. Oral Public Testimony: To provide oral public testimony, email councilremotetestimonyghawaiicounty.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,March 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,March 8,2022,by: (1) email to counciltestimony(a]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 03/03/2022 01:07:17 PM Hawaii County Council-34 March 9,2022 INVOCATION Pastor Eric Anderson of Church of the Holy Cross 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 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 315-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR SHORETEL PHONE SYSTEM SUPPORT AND MAINTENANCE FOR THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year agreement with an approximate annual cost of$14,650. Reference: Comm. 620 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-106 Page 2 Hawaii County Clerk 03/03/2022 01:07:17 PM Hawaii County Council-34 March 9,2022 Res. 318-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE ROLL-OFF TRAILER AND ONE DEWATERING BIN FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an estimated total monthly cost of$3,100 to dewater liquid and solid slurries generated from sewer maintenance activities, and to haul away the waste. Reference: Comm. 625 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Postponed: February 23, 2022 (Note: There is a motion by Mr. Kaneah'i-Kleinfelder, seconded by Mr. Inaba,to adopt Res. 318-22.) Res. 320-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF THREE SEMI-TRACTORS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an estimated total monthly cost of$14,100 to transport refuse from the East Hawai`i Regional Sort Station to the West Hawaii Sanitary Landfill. Reference: Comm. 627 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Postponed: February 23, 2022 (Note: There is a motion by Mr. Kaneah'i-Kleinfelder, seconded by Ms. Villegas, to adopt Res. 320-22.) Res. 326-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII FOR ITS COMMUNITY-BASED REENTRY AND RECOVERY HOUSING PROGRAM IN KONA Transfers $2,500 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 634 Intr. by: Mr. Inaba Page 3 Hawaii County Clerk 03/03/2022 01:07:17 PM Hawaii County Council-34 March 9,2022 Res. 327-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO ESTABLISH A NEIGHBORHOOD WATCH GROUP FOR HAWAIIAN BEACHES Transfers $1,000 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 637 Intr. by: Ms. Kierkiewicz Res. 329-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WE ARE OCEANIA FOR ITS KEIKI CARE PACKS PROJECT Transfers $2,500 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 643 Intr. by: Ms. David Res. 335-22: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE AN EIGHTEEN-YEAR LEASE OF REAL PROPERTY, A PORTION OF 34 RAINBOW DRIVE (OLD HILO HOSPITAL), SITUATED AT PI`IHONUA, SOUTH HILO, COUNTY AND STATE OF HAWAII, AND IDENTIFIED AS A PORTION OF TAX MAP KEY: 2-3-026:008, TO HOPE SERVICES HAWAI'I, INC. Authorizes the Finance Director to negotiate a multi-year lease from October 7, 2019, through May 31, 2022, with an option of three additional five-year terms for approximately 11,853 square feet of space, to be used as an assessment center and emergency shelter for single individuals who are homeless. Reference: Comm. 657 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 4 Hawaii County Clerk 03/03/2022 01:07:17 PM Hawaii County Council-34 March 9,2022 Res. 336-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Authorizes the Mayor to enter into an agreement to execute a Programmatic Agreement with the State Historic Preservation Office to satisfy requirements associated with the receipt of Community Development Block Grant-Disaster Recovery funds for the County's Voluntary Housing Buyout Program. Reference: Comm. 659 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 337-22: SUPPORTS AN INDEPENDENT UKRAINE AND CONDEMNS RUSSIAN MILITARY ASSAULT Proclaims the County Council's support for Ukraine's right to be free, independent, and to defend its territorial integrity. Reference: Comm. 662 Intr. by: Ms. Kierkiewicz Waived: GOREDC BILLS FOR ORDINANCES (FIRST READING) Bill 121: 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 Reserved for Liquor Control account ($100,000); and appropriates the same to the Liquor Control Other Current Expenses account($100,000). Funds would be used to cover costs associated with internet and phone installation at the West Hawaii office located in Kailua-Kona. Reference: Comm. 621 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-107 Page 5 Hawaii County Clerk 03/03/2022 01:07:17 PM Hawaii County Council-34 March 9,2022 Bill 133: 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 Interest—County Revolving account($1,185.16), and appropriates the same to the following accounts: Wainani Estates Subdivision Phase 1 ($242.32) and Kona Operations Partnership Housing ($942.84). Reference: Comm. 655 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Bill 135: 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 Interest—Other Federal—COVID-19 account ($1,038.90), and appropriates the same to the Housing Assistance Program Administration—COVID 19 account. Reference: Comm. 658 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Bill 136: AUTHORIZES THE ISSUANCE OF SPECIAL TAX REVENUE BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING THE COSTS OF CERTAIN PUBLIC IMPROVEMENTS AND INCIDENTAL EXPENSES RELATING TO THE COUNTY'S COMMUNITY FACILITIES DISTRICT NO. 1-2021 (KALOKO HEIGHTS PROJECT); AMENDS CERTAIN PROVISIONS OF THE ORDINANCE OF FORMATION FOR THE DISTRICT RELATING TO THE LIEN OF THE SPECIAL TAXES SECURING SUCH BONDS; FIXES OR AUTHORIZES THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THE SALE OF SUCH BONDS TO THE PUBLIC Authorizes the issuance of up to $22 million in special tax revenue bonds to acquire and construct sewer improvements and to pay for incidental expenses. Reference: Comm. 660 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 6 Hawaii County Clerk 03/03/2022 01:07:17 PM Hawaii County Council-34 March 9,2022 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 111: AMENDS CHAPTER 19, ARTICLE 11, SECTION 19-90, OF THE HAWAII (Draft 3) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES Allocates 75 percent of real property tax revenue collected annually from Residential Tier Two properties that is applied to the net taxable real property value of$2 million or more to County-sponsored programs to address housing and homelessness, through June 30, 2027. Reference: Comm. 589.4 Intr. by: Mr. Chung First Reading: February 23, 2022 and Comm. 589.9: From Council Member Aaron S. Y. Chung, dated March 2, 2022, transmitting proposed amendments to Bill 111, Draft 3. Bill 113: AMENDS SECTION 25-8-26 (PAHOA 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 VILLAGE COMMERCIAL— 20,000 SQUARE FEET (CV-20) AT WAIAKAHIULA, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-5-003:037 (Applicant: Aguinaldo 4, LLC) (Area: 1.545 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to temporarily use three existing structures for commercial purposes, and then remove the three existing structures and construct a 13,520 square foot mixed-use medical, retail, and office complex with associated infrastructure. The property is located at 15-3070 Pahoa- Kapoho Road, on the southeast corner intersecting with Pahoa-Kalapana Road across Pahoa High School at Kahiahiku Homesteads in Puna. Reference: Comm. 596 Intr. by: Ms. Villegas (B/R) First Reading: February 23, 2022 Page 7 Hawaii County Clerk 03/03/2022 01:07:17 PM Hawaii County Council-34 March 9,2022 Bill 122: 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($4,940,000), and appropriates the same to the following accounts: General Excise Tax Mass Transit Salaries and Wages ($200,000) and Other Current Expenses ($4,700,000); Retirement Benefits ($15,000); and Federal Insurance Contributions Act Employer Share ($25,000). Funds would be used to cover unanticipated costs. Reference: Comm. 622 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: February 23, 2022 Bill 123: 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—Coastal Zone Management account ($160,000), and appropriates the same to the Coastal Zone Management account. Funds would be used by the Planning Department for Phase 4 and Phase 5 of the Coastal Zone Management- Shoreline Pursuit Project. Reference: Comm. 631 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: February 23, 2022 REPORTS PC-46 NOMINATION OF LAUREN BALOG TO THE WINDWARD PLANNING (Comm. 617): COMMISSION Requires Council Confirmation by: March 18, 2022 (Section 13-4(k), Hawai`i County Charter) PWMTC-16 NOMINATION OF MATTHEW TERLEP TO THE TRANSPORTATION (Comm. 614): COMMISSION PWMTC-17 NOMINATION OF ROSELYN MOLINA TO THE TRANSPORTATION (Comm. 615): COMMISSION Page 8 Hawaii County Clerk 03/03/2022 01:07:17 PM Hawaii County Council-34 March 9,2022 PRPSC-32 NOMINATION OF CARLENE WOLF TO THE FIRE COMMISSION (Comm. 618): Requires Council Confirmation by: March 18, 2022 (Section 134(k), Hawai`i County Charter) PRPSC-33 NOMINATION OF LAURISA NISHIMOTO TO THE LIQUOR COMMISSION (Comm. 619): Requires Council Confirmation by: March 18, 2022 (Section 134(k), Hawai`i County Charter) RAWEEMC-12 NOMINATION OF STEPHEN LOPEZ TO THE WATER BOARD (Comm. 616): Requires Council Confirmation by: March 17, 2022 (Section 134(k), Hawai`i County Charter) REFERRALS FOR EXECUTIVE SESSION Comm. 635: CHADWICK FUKUI, PENDING CIVIL CLAIM 921-0036 From Deputy Corporation Counsel Lerisa L. Heroldt, dated February 8, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, submitted by Jamae K. K. Kawauchi, Esquire, on behalf of her client Chadwick Fukui. 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 Page 9 Hawaii County Clerk 03/03/2022 01:07:17 PM Hawaii County Council-34 March 9,2022 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 March 7, 2022. If a response is received after March 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. Items listed on the agenda are available on the County website at www.hawaiicounty.gov by clicking on Council Records and navigating to the current agenda. For any 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