The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 2022-07-06 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 44th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii July 6, 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: • Kona Council Chambers,West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway,Building A. 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, July 5, 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, July 5, 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 Council-44 July 6,2022 INVOCATION Reverend Kazunori Takahashi of Honpa Hongwanji Hilo Betsuin CALL TO ORDER 9:00 a.m. ROLL CALL PLEDGE OF ALLEGIANCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES May 3 4, 2022 APPROVED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. May 18, 2022 APPROVED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Page 2 Hawaii County Council-44 July 6,2022 ORDER OF RESOLUTIONS Res. 443-22: 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 PAHOA LAVA ZONE MUSEUM FOR EXPENSES RELATING TO PLACEMAKING INITIATIVES FOR PAHOA TOWN Transfers $15,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 845 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Res. 444-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTIFUNCTION COPY MACHINE FOR THE FIRE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an estimated monthly cost of$194 to be used at the department's Administration office in Hilo. Reference: Comm. 849 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Page 3 Hawaii County Council-44 July 6,2022 BILLS FOR ORDINANCES (FIRST READING) Bill 181: AMENDS ORDINANCE NO. 06-82 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—20 ACRES (A-20a) TO FAMILY AGRICULTURAL— 3 ACRES (FA-3a) AT KALOKO MAUKA SUBDIVISION, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-024:008 (Applicant: Clinton Hinchcliff, Jr.) (Area: 21.992 acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment, which would in part allow a five-year time extension to comply with Condition D (Final Subdivision Approval), amend Condition E(Restrictive Covenants), and delete Condition J(Improvements to Kaloko Drive/Mamalahoa Highway Intersection). The property is located along the south side of Kaloko Drive at the northeastern corner of its intersection with Hao Street, Kaloko Mauka Subdivision, North Kona Reference: Comm. 829 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-69 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Bill 182: AMENDS CHAPTER 19,ARTICLE 10, SECTION 19-71, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO REAL PROPERTY TAX EXEMPTIONS Increases the general exemption amount for property that is owned and occupied as a principal home and adds new age ranges with corresponding exemption amounts to the schedule of exemptions for property owners of principal homes who are 60 years of age or older. Reference: Comm. 830 Intr. by: Ms. Kimball Approve: FC-164 (Vote on Bill 182 is on the next page) Page 4 Hawaii County Council-44 July 6,2022 POSTPONED TO AUGUST 3, 2022: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Bill 183: AMENDS SECTION 25-8-25 (KEA`AU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) 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— 10,000 SQUARE FEET (CV-10) AT KEA`AU, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-6-002:082 (Applicant: Lawrence Palmer) (Area: 11,254 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to establish a furniture and appliance retail outlet to include two showrooms, two bathrooms, a workshop/storage space, and a parking lot with four parking stalls, one of which will be ADA accessible. The property is located at 16-540 Laukahi Place, approximately 150 feet east of its intersection with Old Volcano Road in Kea`au, Puna. Reference: Comm. 832 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-70 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Page 5 Hawaii County Council-44 July 6,2022 Bill 184: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Increases revenues in the Real Property Taxes account($65,000); and appropriates the same to the Grants to Nonprofit Organizations account. Funds would be used to provide additional grants-in-aid awards to nonprofit organizations. Reference: Comm. 851 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC PASSED IST READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Bill 185: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Decreases appropriations of$3,440,000 in the Homelessness Grant-In-Aid account ($260,000) and the Grants To Nonprofit Organizations account($3,180,000); and appropriates the same in varying amounts to 133 nonprofit grant-in-aid programs. Reference: Comm. 852 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC AMENDED TO DRAFT 2 AND PASSED IST READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. ; and Comm. 852.1: From Finance Director Deanna S. Sako, transmitting a proposed amendment to Bill 185. Page 6 Hawaii County Council-44 July 6,2022 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 168: INITIATES AN AMENDMENT TO ARTICLE XIV, SECTION 14-5 OF THE HAWAII COUNTY CHARTER(2020 EDITION), RELATING TO THE BOARD OF ETHICS Increases the membership of the board from five to seven members. Reference: Comm. 783 Intr. by: Ms. Lee Loy First Reading: June 1, 2022 Second Reading: June 15, 2022 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai`i County Charter PASSED 3RD OF THREE REQUIRED READINGS: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Bill 173: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-18 OF THE HAWAII COUNTY CHARTER(2020 EDITION), RELATING TO THE OFFICE OF THE COUNTY AUDITOR Adds investigations of reports of fraud, waste, and abuse within County operations as an authorized function of the Office of the County Auditor. Reference: Comm. 809 Intr. by: Ms. Kierkiewicz First Reading: June 15, 2022 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter PASSED 2ND OF THREE REQUIRED READINGS: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Richards —2. Excused: None. Page 7 Hawaii County Council-44 July 6,2022 Bill 174: INITIATES AN AMENDMENT TO ARTICLE VI OF THE HAWAII COUNTY (Draft 2) CHARTER (2020 EDITION), BY ADDING A NEW CHAPTER TO ESTABLISH A DEPARTMENT OF BUILDING Creates a Department of Building to manage the duties and functions currently performed by the Building Division within the Department of Public Works. Reference: Comm. 810.3 Intr. by: Ms. Kierkiewicz First Reading: June 15, 2022 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter FAILED: Ayes: Council Members Chung, Kierkiewicz, and Lee Loy —3. Noes: Council Members Inaba, Kimball, Richards, Villegas, and Chair David—5. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 175: INITIATES AN AMENDMENT TO ARTICLE V OF THE HAWAII COUNTY (Draft 2) CHARTER (2020 EDITION), RELATING TO ESTABLISHING A YOUTH COMMISSION WITHIN THE EXECUTIVE BRANCH Adds a new chapter to create a commission consisting of up to 15 members between the ages of 14 and 24 years old that would integrate its ideas and perspectives into County government. Reference: Comm. 812.2 Intr. by: Ms. Kierkiewicz First Reading: June 15, 2022 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter PASSED 2ND OF THREE REQUIRED READINGS: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 8 Hawaii County Council-44 July 6,2022 Bill 179: AMENDS ARTICLE XIII, SECTION 13-8 OF THE HAWAII COUNTY CHARTER (2020 EDITION), RELATING TO TERMS OF OFFICE OF DEPARTMENT HEADS IN THE EXECUTIVE BRANCH FOR THOSE AGENCIES UNDER THE MANAGING DIRECTOR Provides that within 60 days of the County Council term beginning on December 5, 2022, and within 60 days of the beginning of every alternate Council term thereafter, that all department heads appointed by the Mayor and approved by the Council appear before the Council for a vote to retain each department head. Reference: Comm. 818 Intr. by: Mr. Chung First Reading: June 15, 2022 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter AMENDED TO DRAFT 2 AND POSTPONED TO THE CALL OF THE CHAIR: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 721.42: MAYOR'S VETO MESSAGE REGARDING BILL 152, DRAFT 2, RELATING TO THE COUNTY HOUSING PROGRAM REVOLVING FUND From Mayor Mitchell D. Roth, dated June 13, 2022, returning Bill 152, Draft 2, and stating his reason for disapproval. ; and Comm. 721.43: REQUEST TO RECONSIDER BILL 152, DRAFT 2, RELATING TO THE COUNTY HOUSING PROGRAM REVOLVING FUND From Council Members Holeka Goro Inaba and Heather Kimball, dated June 20, 2022, requesting that Bill 152, Draft 2, be placed on the July 6, 2022, Council agenda for reconsideration and a potential override of the Mayor's disapproval. and (Bill 152, Draft 2, continues on the next page) Page 9 Hawaii County Council-44 July 6,2022 Bill 152: AMENDS CHAPTER 2, ARTICLE 13, DIVISION 3, SECTION 2-75 OF THE (Draft 2) 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. 721.18 Intr. by: Mr. Inaba and Ms. Kimball First Reading: May 4, 2022 Second Reading: June 1, 2022 Mayor Veto: June 13, 2022 Note: Requires 2/3 vote of the entire membership to override the Mayor's veto, pursuant to Section 3-12, Hawaii County Charter MAYOR'S VETO OVERRIDDEN: Ayes: Council Members Chung, Inaba, Kimball, Lee Loy, Villegas, and Chair David—6. Noes: Council Members Kierkiewicz and Richards —2. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ANNOUNCEMENTS ADJOURNMENT: 11:39 a.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. 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. If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by July 1, 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. Page 10 Hawaii County Council-44 July 6,2022 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�.go 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