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Home My WebLink AboutAGE COUNCIL 2022-05-04 2020-2022 Hawaii County Clerk 04/28/2022 12:49:59 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 38fl' Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii May 4, 2022 9:00 a.m. Notice is hereby given that the Hawaii County Council will be conducting this meeting via interactive conference technology (ICT)pursuant to Hawaii Revised Statutes §92-3.5. Council Members will be participating via ICT at the: • Hilo Council Chambers,Hawaii County Building, 25 Aupuni Street, Room 1401. Members of the public may also attend from this location. Public attendance via Courtesy Site is available at the following locations: • Pahoa Council Office, 15-2879 Pahoa Village Road; and • Waimea Council Office,Parker Square, 65-1279 Kawaihae Road, Suite 109. If a Courtesy Site is unavailable and/or participation is disrupted, the scheduled meeting will continue. Oral Public Testimony via Zoom: To provide oral testimony via Zoom, email councilremotetestimony@hawaiicounty.gov or call (808) 961-8255 to complete the registration process and obtain meeting login information. Please contact our office to register by 12:00 noon, Tuesday, May 3, 2022. Submitting 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, May 3, 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 part of the permanent record. Please submit separate testimony for each item. Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Clerk 04/28/2022 12:49:59 PM Hawaii County Council-38 May 4,2022 INVOCATION Father Jarek Skrzypek of St. Michael's Catholic 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) ORDER OF RESOLUTIONS Res. 363-22: AUTHORIZES A DECREASE IN THE COUNTY OF HAWAII FUEL TAX Reduces the County of Hawaii fuel tax for diesel on-highway and gasoline on- highway fuels from 23 cents per gallon to 13 cents per gallon. Reference: Comm. 708 Intr. by: Mr. Kaneali`i-Kleinfelder Negative: FC-133 (Due to a vote of 3-ayes, 5-noes, 1-absent) Public Hearing: April 19, 2022 Postponed: April 20, 2022 (Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by Mr. Inaba,to adopt Res. 363-22.) ; and Comm. 708.5: From Council Member Susan L. K. Lee Loy, dated April 26, 2022, transmitting informational material relating to Res. 363-22. Page 2 Hawaii County Clerk 04/28/2022 12:49:59 PM Hawaii County Council-38 May 4,2022 Res. 379-22: 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 REENTRY AND RECOVERY HOUSING PROGRAM Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 740 Intr. by: Mr. Chung Postponed: April 20, 2022 (Note: There is a motion by Mr. Chung, seconded by Ms. Lee Loy, to adopt Res. 379-22.) Res. 381-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS 18TH ANNUAL CELEBRATION OF LIFE EVENT 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. 744 Intr. by: Ms. Kierkiewicz Res. 382-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LIONS CLUB OF KONA COMMUNITY FOUNDATION, INC., FOR EXPENSES RELATING TO ITS EDUCATIONAL OUTREACH EFFORTS Transfers $2,000 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. 745 Intr. by: Ms. Villegas Page 3 Hawaii County Clerk 04/28/2022 12:49:59 PM Hawaii County Council-38 May 4,2022 Res. 383-22: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 5, COMMITTEES Requires the Committee Vice Chairperson to serve as Chairperson whenever the Chairperson attends a Committee meeting by videoconference. Reference: Comm. 747 Intr. by: Ms. Kimball Res. 384-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO THE DEPARTMENT OF PARKS AND RECREATION FOR THE RENTAL OF A PORTABLE BATHROOM FOR HONAUNAU BOAT RAMP Transfers $2,500 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Park Maintenance Other Current Expenses account. Reference: Comm. 748 Intr. by: Ms. David Res. 385-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIAKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION FOR THE 2022 WAIAKEA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $1,500 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 749 Intr. by: Ms. Lee Loy Page 4 Hawaii County Clerk 04/28/2022 12:49:59 PM Hawaii County Council-38 May 4,2022 Res. 389-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Provides for the continuation of the County's project under the Americorps Volunteers in Service to America program. Reference: Comm. 759 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 390-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR EMPLOYMENT CONTRACTS FOR THE HAWAII POLICE DEPARTMENT Authorizes the Mayor to enter into seven multi-year employment contracts not to extend beyond June 30, 2024, to implement the Animal Control Program. Reference: Comm. 760 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 391-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF AN APOLLO SPINNER TO THE DEPARTMENT OF PARKS AND RECREATION The donation of this playground equipment from Friends of Pu`u Nui Park, valued at approximately $22,000, would be installed at the Waikoloa Community Park. Reference: Comm. 761 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 392-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ONE 2005 JEEP LIBERTY SPORT TO THE DEPARTMENT OF FINANCE The donation from the Hawaii Department of Transportation Highways Division, valued at approximately $21,407, would be used by Vehicle Registration and Licensing Division's Commercial Driver License staff to travel between Hilo and Kona for daily operations. Reference: Comm. 762 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 5 Hawaii County Clerk 04/28/2022 12:49:59 PM Hawaii County Council-38 May 4,2022 Res. 393-22: 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 TO SUPPORT ITS REENTRY AND RECOVERY HOUSING PROGRAM 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. 764 Intr. by: Mr. Richards Res. 394-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE A WEED STEAMER FOR THE DEPARTMENT OF PARKS AND RECREATION, PARKS MAINTENANCE DIVISION Transfers $8,000 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Parks Maintenance Equipment account. Reference: Comm. 766 Intr. by: Ms. Villegas Res. 395-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS 18TH ANNUAL CELEBRATION OF LIFE Transfers $1,500 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 767 Intr. by: Mr. Chung Page 6 Hawaii County Clerk 04/28/2022 12:49:59 PM Hawaii County Council-38 May 4,2022 Res. 396-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ALOHA CLUB OF HILO TO PURCHASE FOOD AND SUPPLIES FOR THE MEAL PROGRAM AT HALE `OLUEA CLUBHOUSE Transfers $1,500 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 768 Intr. by: Mr. Chung BILLS FOR ORDINANCES (FIRST READING) Bill 152: AMENDS CHAPTER 2, ARTICLE 13, DIVISION 3, SECTION 2-75 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE COUNTY HOUSING PROGRAM REVOLVING FUND Repeals existing provisions in their entirety and establishes nine specific uses for expenditure of the funds to support the County's housing needs. Reference: Comm. 721 Intr. by: Mr. Inaba and Ms. Kimball Approve: FC-139 and Comm. 721.1: From Council Member Heather L. Kimball, dated April 26, 2022, transmitting informational material relating to Bill 152. Bill 153: INITIATES AN AMENDMENT TO ARTICLE X OF THE HAWAII COUNTY CHARTER(2020 EDITION), RELATING TO THE COUNTY HOUSING PROGRAM REVOLVING FUND Proposes the addition of a new section to incorporate the revolving fund established in Section 2-74 of the Hawaii County Code into the Hawaii County Charter and dedicate on an annual basis a minimum of one percent of real property tax revenues into the County Housing Program Revolving Fund. Reference: Comm. 722 Intr. by: Mr. Inaba and Ms. Kimball Approve: FC-140 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter Page 7 Hawaii County Clerk 04/28/2022 12:49:59 PM Hawaii County Council-38 May 4,2022 Bill 154: 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—Traffic Safety Training Project account ($3,000); and appropriates the same to the Traffic Safety Training Project account, bringing the total appropriation to $153,000. Funds would be used to provide specialized training for police and prosecutors to combat impaired driving. Reference: Comm. 736 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-141 Bill 166: 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($3,450,000); and appropriates the same to the Fire Protection Salaries and Wages account. Funds would be used to cover potential bargaining unit salary increases and excess overtime. Reference: Comm. 763 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ORDER OF THE DAY(SECOND OR FINAL READING) Bill 149: 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—Community Development Block Grant Mitigation account($4,462,000); and appropriates the same to the following Community Development Block Grant Mitigation accounts: ArcGIS Project ($370,000), Water Supply Project($835,000), Fire Equipment($1,810,000), Planning Code Revisions ($400,000), Public Works Flood Studies ($394,000), Administration ($343,000), and Activity Delivery ($310,000). Funds would be used to support projects related to the mitigation of natural disasters and other hazards defined in the 2020 Multi-Hazard Mitigation Plan. Reference: Comm. 701 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: April 20, 2022 Page 8 Hawaii County Clerk 04/28/2022 12:49:59 PM Hawaii County Council-38 May 4,2022 Bill 151: 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 Parks and Recreation Council Discretionary Projects-District 6 project ($100,000)to the Capital Budget. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources and would be used towards improvements, repairs, and modifications at County park facilities throughout Council District 6. Reference: Comm. 706 Intr. by: Ms. David First Reading: April 20, 2022 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Bill 155: 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 following accounts: Federal—Block Grant ($2,600,000) and Block Grant—Program Income ($100,000); and appropriates the same to the following accounts: Mental Health K6kua-Kona Residential Housing Renovations ($271,149) and Hilo Residential Complex Housing Renovations ($650,000); West Hawaii Emergency Shelter and Facility Energy Efficiency Improvements ($650,000); Hamakua Youth and Community Center Improvements Phase 1 ($588,851); and Administration, Planning and Fair Housing ($540,000). Reference: Comm. 737 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: April 20, 2022 REPORTS FC-138 NOMINATION OF CAYLA CRIVELLO TO THE PUBLIC ACCESS, OPEN (Comm. 720): SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION Requires Council Confirmation by: May 11, 2022 (Section 2-215(k), Hawai`i County Code) Page 9 Hawaii County Clerk 04/28/2022 12:49:59 PM Hawaii County Council-38 May 4,2022 PC-56 NOMINATION OF LEINA`ALA ENOS TO THE KA`U COMMUNITY (Comm. 712): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: May 11, 2022 (Section 13-4(k), Hawai`i County Charter) PC-57 NOMINATION OF BABETTE MORROW TO THE KA`U COMMUNITY (Comm. 713): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: May 11, 2022 (Section 13-4(k), Hawai`i County Charter) PC-58 NOMINATION OF CATHERINE WILLIAMS TO THE KA`U COMMUNITY (Comm. 714): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: May 11, 2022 (Section 13-4(k), Hawai`i County Charter) PC-59 NOMINATION OF KA`OHINANI MOKUHALI`I TO THE KA`U (Comm. 715): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: May 11, 2022 (Section 13-4(k), Hawai`i County Charter) PC-60 NOMINATION OF PERNELL HANOA TO THE KA`U COMMUNITY (Comm. 716): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: May 11, 2022 (Section 13-4(k), Hawai`i County Charter) Page 10 Hawaii County Clerk 04/28/2022 12:49:59 PM Hawaii County Council-38 May 4,2022 PC-61 NOMINATION OF JASON MASTERS TO THE KA`U COMMUNITY (Comm. 717): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: May 11, 2022 (Section 13-4(k), Hawai`i County Charter) PC-62 NOMINATION OF KAWENI IBARRA TO THE KA`U COMMUNITY (Comm. 718): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: May 11, 2022 (Section 13-4(k), Hawai`i County Charter) PC-63 NOMINATION OF JESSIE KE TO THE KA`U COMMUNITY (Comm. 719): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: May 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. 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.comNiewPublisher.php?view id=1. Please call 961-8255 if the Council's Page 11 Hawaii County Clerk 04/28/2022 12:49:59 PM Hawaii County Council-38 May 4,2022 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/TJCJNalwg40oK7a-7nGnEtGPA. If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by May 2, 2022. If a response is received after this date, every effort will be made to obtain the auxiliary aid/service or accommodation, but there is no guarantee the request can be filled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Agendas and agenda items are available on the County website at www.hawaiicounty.gov. Click on Council Records to navigate to current agendas. 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 videotestimony 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 12