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Home My WebLink AboutAGE COUNCIL 2022-07-19 2020-2022 ACTIONS MAILE MEDEIROS DAVID t,,OF p HOLEKA GORO INABA Chair&Presiding Officer ?�N �k+,, MATT KANEALI`I-KLEINFELDER ASHLEY L. KIERKIEWICZ AARON S. Y. CHUNG HEATHER L. KIMBALL Vice Chair o=— SUSAN L. K.LEE LOY of N� HERBERT M. "TIM"RICHARDS,III REBECCA VILLEGAS COUNTY COUNCIL County of Hawai'i Hawai'i County Building 25 Aupuni Street Hilo, Hawai'i 96720 45th Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii July 19, 2022 2:00 p.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 is available at the following location: • Pahoa Council Office, 15-2879 Pahoa Village Road 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, Monday, July 18, 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 Monday, July 18, 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-45 July 19,2022 INVOCATION Pastor Brian Keiser of Lutheran Church of the Holy Trinity CALL TO ORDER 2:00 p.m. ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Pursuant to HRS §92-3, oral testimony may be provided entirely at the beginning of the meeting, or immediately preceding the agenda item being opened for deliberation by the Council. APPROVAL OF MINUTES June 1, 2022 APPROVED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ORDER OF RESOLUTIONS Res. 442-22: REQUESTS THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO CREATE A STRATEGIC ROADMAP FOR HOUSING AND HOMELESSNESS THAT SETS FORTH PRIORITIES AND INTENTIONS FOR UTILIZATION AND ACCOUNTABILITY OF PROGRAM APPROPRIATIONS FROM RESIDENTIAL TIER TWO PROPERTY TAX REVENUES Requests that the Office of Housing and Community Development create and submit the plan to the Council by September 2022, and thereafter annually provide a progress report to the Council. Reference: Comm. 842 Intr. by: Ms. Kimball and Ms. Lee Loy Approve: GOREDC-26 (Vote on Res. 442-22 is on the next page.) Page 2 Hawaii County Council-45 July 19,2022 ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Res. 451-22: APPROVES THE NOMINATION OF MEMBERS TO THE NATIONAL ASSOCIATION OF COUNTIES (NACo) BOARD OF DIRECTORS AND THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS Requests the Council's approval of the following slates of officers: NACo — Tommy Waters, City and County of Honolulu, and KipuKai Kuali`i, Kauai County; and WIR—Susan L. K. Lee Loy, Hawaii County, and Shane Sinenci, Maui County; for terms beginning on July 1, 2022. Reference: Comm. 860 Intr. by: Ms. Kimball Waived: GOREDC ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Res. 452-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 36TH ANNUAL BIG ISLAND PRO-AM SURFING TRIALS Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 861 Intr. by: Mr. Richards ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 3 Hawaii County Council-45 July 19,2022 Res. 453-22: 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 DAUGHTERS OF HAWAII TO ASSIST WITH EXPENSES RELATED TO PRESERVATION OF THE ROYAL BANYAN TREE PLANTED BY QUEEN KAPIOLANI AT THE HULIHEB PALACE Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 862 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Res. 454-22: 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 DAUGHTERS OF HAWAII TO ASSIST WITH EXPENSES RELATED TO PRESERVATION OF THE ROYAL BANYAN TREE PLANTED BY QUEEN KAPIOLANI AT THE HULIHEB PALACE Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 863 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 4 Hawaii County Council-45 July 19,2022 Res. 455-22: 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 GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE 2022 HAWAII ISLAND ALL NATIONS POWWOW Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 864 Intr. by: Mr. Richards ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Res. 456-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FULL LIFE TO ASSIST WITH EXPENSES RELATED TO ITS AKTION CLUB AND OLA PONO LEARNING CENTER IN KONA Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 865 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 5 Hawaii County Council-45 July 19,2022 Res. 457-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SPECIAL OLYMPICS HAWAII INC. TO ASSIST WITH EXPENSES RELATED TO THE SPECIAL OLYMPICS WEST HAWAII AWARDS RECOGNITION AND SPORTS SIGN-UP EVENT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 866 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Res. 458-22: AFFIRMS HAWAII COUNTY'S ENDORSEMENT OF A FOSSIL FUEL NON- PROLIFERATION TREATY TO AVERT CATASTROPHIC CLIMATE CHANGE DISRUPTIONS Urges the United States to enter into a Fossil Fuel Non-Proliferation Treaty and establish this treaty as a centerpiece of its national security policy. Reference: Comm. 868 Intr. by: Mr. Inaba Waived: CRNRMC ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 6 Hawaii County Council-45 July 19,2022 Res. 460-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Allows for the receipt of$26,000 for the 2022 Fall Hawaii County Food Access Summit and 2023 Summer Hawaii County Food Access Summit. Reference: Comm. 872 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Res. 461-22: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF QUIDEL QUICK VUE COVID-19 HOME TEST KITS FROM THE STATE OF HAWAII DEPARTMENT OF HEALTH TO THE HAWAII COUNTY CIVIL DEFENSE AGENCY The donation, valued at approximately $91,120, would be used to provide testing options to low-income households, rural communities, and County of Hawaii staff that frequently interact with members of the public. Reference: Comm. 873 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 7 Hawaii County Council-45 July 19,2022 Res. 462-22: AMENDS SALARY ORDINANCE NO. 22-51 BY AMENDING SECTIONS 7.01(A), 7.02(B), 7.03, 7.04, 7.05, 7.06, AND 7.07 BY INCREASING THE AFFECTED PAY GRADES FOR THE MINIMUM WAGE INCREASE EFFECTIVE OCTOBER 1, 2022 Reference: Comm. 874 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 191: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the State Grants —Hawai`i County Food Access Summit Program account($26,000); and appropriates the same to the Hawaii County Food Access Summit Program account. Funds would be used for the 2022 Fall Hawaii County Food Access Summit and 2023 Summer Hawaii County Food Access Summit. Reference: Comm. 872 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Waived: FC PASSED IST READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 8 Hawaii County Council-45 July 19,2022 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 173: INITIATES AN AMENDMENT TO ARTICLE IH, 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 Second Reading: July 6, 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 Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 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 Second Reading: July 6, 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 Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 9 Hawaii County Council-45 July 19,2022 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) First Reading: July 6, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. 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) First Reading: July 6, 2022 (Vote on Bill 183 is on the next page) Page 10 Hawaii County Council-45 July 19,2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. 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) First Reading: July 6, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. Bill 185: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING (Draft 2) 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. 852.2 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) First Reading: July 6, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. Page 11 Hawaii County Council-45 July 19,2022 ANNOUNCEMENTS ADJOURNMENT: 2:55 p.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 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.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 15, 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�.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 12