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HomeMy WebLinkAboutAGE COUNCIL 2022-11-02 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 52nd Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii November 2, 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 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, November 1, 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,November 1, 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-52 November 2,2022 INVOCATION Pastor Ron Brav of Calvary Chapel Hilo CALL TO ORDER 9:01 a.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. (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES October 5, 2022 APPROVED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. ORDER OF RESOLUTIONS Res. 576-22: ACCEPTS A GRANT OF PUBLIC ACCESS AND PRESERVATION EASEMENT FROM KULEANA SPIRITS, INC., TAX MAP KEY: 5-5-006:010 (Area: 43.854 Acres) Provides for the preservation of pedestrian and vehicular public access along the makai property boundary to align with the historic Ho`ea Road in North Kohala. Reference: Comm. 1037 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-80 (Vote on Res. 576-22 is on the next page.) Page 2 Hawaii County Council-52 November 2,2022 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. 577-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR SERVICES TO INSPECT AND IDENTIFY MAINTENANCE AND REPAIR REQUIREMENTS OF LAND MOBILE RADIO SITE INFRASTRUCTURE FOR THE CIVIL DEFENSE AGENCY Authorizes the Mayor to enter into a three-year agreement with an approximate annual cost of$50,000. Reference: Comm. 1042 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-216 ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 579-22: CREATES ONE NEW HUMAN RESOURCES PROGRAM SPECIALIST POSITION FOR THE DEPARTMENT OF HUMAN RESOURCES Establishes a Program Specialist SR-24 position for the Recruitment and Examinations Division. Reference: Comm. 1044 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-217 ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 3 Hawaii County Council-52 November 2,2022 Res. 580-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR MANAGED SERVICES FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY Authorizes the Mayor to enter into a three-year agreement with Hawaiian Telcom for cybersecurity protection, with an approximate monthly cost of$3,088.20. Reference: Comm. 1045 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-218 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. 584-22: AMENDS RESOLUTION 743-20 AUTHORIZING THE PLANNING DEPARTMENT TO AWARD FUNDS TO VARIOUS NONPROFIT ORGANIZATIONS THROUGH THE KILAUEA RECOVERY GRANT PROGRAM Amends Exhibit A to change the fiscal sponsor for Vacationland Hawaii Community Association to Men of Pa`a. Reference: Comm. 1049 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-219 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-52 November 2,2022 Res. 586-22: 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 BIG ISLAND LIONS FOUNDATION TO SUPPORT THE DOWNTOWN HILO CHRISTMAS LIGHTS PARADE Transfers $3,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1055 Intr. by: Ms. Kimball 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. 587-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MAKUA LANI CHRISTIAN ACADEMY TO ASSIST WITH EXPENSES FOR ITS AEROSPACE MERIDIAN SPACE CLUB IN KONA Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1056 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-52 November 2,2022 Res. 588-22: 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 FOOD BASKET, INC., TO PURCHASE FOOD FOR ITS KONA WAREHOUSE AT NA KAHUA HALE O ULUWINI Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Office of Housing and Community Development, Transfer to Housing Fund account. Reference: Comm. 1057 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. 589-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ARTS AND SCIENCE CENTER FOR EXPENSES FOR THE NANAWALE COMMUNITY ENGAGEMENT EVENT Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1061 Intr. by: Ms. Kierkiewicz 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-52 November 2,2022 Res. 590-22: 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 NORTH HAWAII HERITAGE FOUNDATION FOR THE HONOKA`A RENAISSANCE FAIRE Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1062 Intr. by: Ms. Kimball 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. 591-22: 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 HILO EDUCATION ARTS REPERTORY THEATRE TO PURCHASE EQUIPMENT AND SUPPLIES FOR ITS EDUCATIONAL AND MENTORSHIP PROGRAMS Transfers $5,000 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. 1063 Intr. by: Mr. Chung 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-52 November 2,2022 Res. 592-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HO`OULU LAHUI FOR EXPENSES RELATING TO ITS GENKI HOU PROJECT Transfers $2,750 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1064 Intr. by: Ms. David 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. 596-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KELI`I WILLIAM IOANE LEGACY FOUNDATION FOR THE 2022 MAKAHIKI COMMUNITY CELEBRATION Transfers $3,100 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1075 Intr. by: Ms. Lee Loy 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 8 Hawaii County Council-52 November 2,2022 Res. 597-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HO`OULU LAHUI TO ASSIST WITH EXPENSES ASSOCIATED WITH ITS WAIHONU RESTORATION PROGRAM AT LILI`UOKALANI GARDENS Transfers $2,650 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1076 Intr. by: Ms. Lee Loy 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. 600-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII TO ASSIST WITH EXPENSES FOR A MAKAHIKI EVENT TO BE HELD AT THE UNIVERSITY OF HAWAII AT HILO Transfers $5,000 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. 1080 Intr. by: Mr. Chung ADOPTED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Member Chung— 1. Excused: Council Member Kierkiewicz— 1. Page 9 Hawaii County Council-52 November 2,2022 Res. 601-22: 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. 1081 Intr. by: Mr. Chung 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. 602-22: 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 FOR EXPENSES RELATED TO THE 2022 HALE `OLUEA CLUBHOUSE HOLIDAY EVENT Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1083 Intr. by: Mr. Chung 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 10 Hawaii County Council-52 November 2,2022 BILLS FOR ORDINANCES (FIRST READING) Bill 156: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX VALUATION; CONSIDERATIONS IN FIXING Establishes that the value of property classified as apartment, hotel and resort, commercial, industrial, agricultural or native forests, or conservation cannot be assessed by the County at more than 15 percent than the previous year's assessed value for that property. Reference: Comm. 739 Intr. by: Ms. Lee Loy Negative: FC-220 (Due to a vote of 2-ayes, 7-noes) FAILED: Ayes: Council Members Lee Loy and Richards —2. Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair David—6. Absent: Council Member Chung— 1. Excused: None. Bill 204: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL—ONE ACRE (FA-la) AT KAILUA-KONA, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-017:043 (Applicant: Siting Chen) (Area: 14.968 Acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to apply for a subdivision of the parcel into 11 lots of at least one acre. The property is located on the south side of Hualalai Road, approximately 0.6 miles east of its intersection with Queen Ka`ahumanu Highway, Wai`aha 1st, Puapua`anui 1st in North Kona. Reference: Comm. 952 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-81 AMENDED TO DRAFT 2 AND FAILED: Ayes: Council Members Kierkiewicz, Lee Loy, and Richards —3. Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Villegas, and Chair David—5. Absent: Council Member Chung— 1. Excused: None. Page 11 Hawaii County Council-52 November 2,2022 Bill 220: AMENDS CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO LICENSES TO CARRY CONCEALED AND UNCONCEALED FIREARMS WITHIN THE COUNTY Establishes a new article that includes Sensitive Places where the licensed carrying of a firearm would not be allowed, that the licensed carry of a firearm while intoxicated is prohibited, that upon contact with law enforcement the licensee must notify the enforcement officer of the possession of a licensed firearm and present the license for inspection, and that a license may be revoked by the Chief of Police for one year for any violation of the terms of this new article. Reference: Comm. 1022.75 Intr. by: Mr. Chung Approve: PRPSC-39 AMENDED TO DRAFT 3 AND PASSED IST READING: Ayes: Council Members Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: Council Member Kaneali`i-Kleinfelder— 1. Absent: Council Member Chung— 1. Excused: None. (Note: Ms. Lee Loy and Mr. Richards voted "kanalua"then "aye.") Bill 222: AMENDS SECTION 25-8-19 (NORTH HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—20 ACRES (A-20a) TO FAMILY AGRICULTURAL—ONE ACRE (FA-la) AT `O`OKALA, NORTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 3-9-001:023, AND 031 (Applicant: Leonard Cardoza Trust) (Area: 15.404 Acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to apply to subdivide the property into seven lots. The property is located to the north(makai) of Mamalahoa Highway, approximately 270 feet east of its intersection with Milo Street, Portion of Humu`ula and `O`6kala, in North Hilo. Reference: Comm. 1031 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-82 (Vote on Bill 222 is on the next page) Page 12 Hawaii County Council-52 November 2,2022 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 223: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 Adds the Environmental Management Hilo Waste Water Treatment Plant Upgrades —State Revolving Funds project($17 million) to the Capital Budget. Funds for these projects shall be provided from State Revolving Funds ($17 million), and would be used for improvements to the wastewater treatment plant in Hilo. Reference: Comm. 1038 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-221 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter 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 13 Hawaii County Council-52 November 2,2022 Bill 224: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 Adds the Planning Kona Open Space Network Plan—Fair Share project ($250,000)to the Capital Budget. Funds for this project shall be provided from Fair Share Contributions ($250,000), and would be used to enhance opportunities for residents and visitors to engage in recreational, educational, subsistence, and gathering activities. Reference: Comm. 1039 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-222 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter 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. Bill 225: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF $17,000,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII The issuance of General Obligation Bonds would serve as security for the repayment of funds loaned to the County via the State Revolving Fund program. Reference: Comm. 1040 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-223 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 14 Hawaii County Council-52 November 2,2022 Bill 226: 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 Federal Grants —State Homeland Security Program Fiscal Year 2018 account($26,057.96); and appropriates the same to the State Homeland Security Program Fiscal Year 2018 account. The funds would be used by the Civil Defense Agency for its Hilo Emergency Operations Center Enhancement Project. Reference: Comm. 1041 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-224 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 227: AMENDS CHAPTER 19, ARTICLE 13, SECTION 19-104 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY SOLAR WATER HEATER TAX CREDIT Eliminates eligibility for the tax credit when the installation of a solar water heater is required by law and increases the tax credit from $300 to $400. Reference: Comm. 1050 Intr. by: Mr. Chung Approve: FC-225 AMENDED TO DRAFT 2 AND 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 15 Hawaii County Council-52 November 2,2022 Bill 235: 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 Federal Grants —Volunteer Fire Assistance account ($66,120); and appropriates the same to the Volunteer Fire Assistance—Federal account, bringing the total appropriation to $156,120. The additional funds would be used for volunteer fire assistance. Reference: Comm. 1070 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. Bill 236: 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 Federal —Emergency Rent Assistance 2 COVID-19 account($15,000,000) and Interest—Other Federal account($75,000); and appropriates the same to the Emergency Rent Assistance 2 COVID-19 account ($11,250,000) and Emergency Rent Assistance 2 Admin COVID-19 account ($3,825,000). The additional funds would be used to assist eligible households at risk of experiencing homelessness or housing instability resulting from the COVID-19 pandemic. Reference: Comm. 1071 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 16 Hawaii County Council-52 November 2,2022 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 207: AMENDS SECTION 25-8-15 (HAMAKUA DISTRICT 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 SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT HONOKA`A, HAMAKUA, HAWAII, COVERED BY TAX MAP KEYS: 4-5-010:136 and 4-5-024:010 (Applicant: Lehua Village Partners, LLC) (Area: Approx. 14.322 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to downzone the property to develop a Planned Unit Development by reducing the number of lots in the Lehua Villages from 60 to 40 lots. Lehua Village 1 would consist of 20 lots to be sold at rates pursuant to affordable housing guidelines, and Lehua Village 2 would consist of 20 lots to be sold at market rates. The properties straddle the east and west sides of Lehua Street, north(makai) of the Hawaii Belt Road and south (mauka) of the Honoka`a Park complex, portion of Papa`anui and Haina in Hamakua. Reference: Comm. 973 Intr. by: Ms. Kierkiewicz (B/R) First Reading: October 19, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 212: AMENDS THE PARKS AND RECREATION FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY RENAMING THE PAHOA DISTRICT PARK IN THE PUNA REGION, THE"WILLIAM `BILLY' KENOI PARK," IN HONOR OF WILLIAM "BILLY"PUNAPAIA`ALAIKAHALA KENOI Reference: Comm. 1003 Intr. by: Ms. Kierkiewicz First Reading: October 19, 2022 (Vote on Bill 212 is on the next page) Page 17 Hawaii County Council-52 November 2,2022 AMENDED TO DRAFT 2 AND 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. ; and Comm. 1003.3: From Council Member Ashley L. Kierkiewicz, dated October 21, 2022, transmitting proposed amendments to Bill 212. Bill 213: 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 Federal Grants —Workforce Innovation & Opportunity Act(WIOA) account($1,647,337); and appropriates the same to the following 2022-2023 WIOA accounts: Administration Planning ($164,734); Adult Program ($615,398); Dislocated Worker Program ($277,263); and Youth Program ($589,942), bringing the total appropriation to $1,647,337. Funds would be used by the Department of Research and Development to assist adults, dislocated workers, and youths by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 1011 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 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. Page 18 Hawaii County Council-52 November 2,2022 Bill 214: 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 Federal Grants —Hawai`i County Roadblock Program account($62,578.20); and appropriates the same to the Hawaii County Police Department Roadblock Program account, bringing the total appropriation to $487,578.20. The additional funds would be used by the Police Department to reduce the number of drivers operating a vehicle while impaired. Reference: Comm. 1012 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 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 215: 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 Federal Grants —Occupant Protection Program account ($24,966); and appropriates the same to the Occupant Protection Program account, bringing the total appropriation to $148,966. The additional funds would be used by the Police Department for seatbelt and child safety enforcement projects. Reference: Comm. 1013 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 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. Page 19 Hawaii County Council-52 November 2,2022 Bill 216: 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 Federal Grants —Hawaii County Police Department Data Grant account($1,400); and appropriates the same to the Hawaii County Police Department Data Grant account, bringing the total appropriation to $74,400. The additional funds would be used to establish a statewide traffic data system and ensure compliance with national standards. Reference: Comm. 1014 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 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 217: 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 Federal Grants —Hawaii County Police Department 2023 Special Traffic Enforcement Patrol Grant account($574,234); and appropriates the same to the Hawaii County Police Department 2023 Special Traffic Enforcement Patrol Grant account. Funds would be used for the department's Distracted Driving, Traffic Services, and Speed Enforcement programs. Reference: Comm. 1015 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 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. Page 20 Hawaii County Council-52 November 2,2022 Bill 219: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 Adds the Parks and Recreation—Kamakoa Nui Park—Recreation Facilities Expansion project($2 million)to the Capital Budget. Funds for these projects shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources ($2 million), and would be used for the development of pickleball and tennis courts at Kamakoa Nui Park in Waik6loa. Reference: Comm. 1019 Intr. by: Mr. Richards First Reading: October 19, 2022 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter 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. REPORTS GOREDC-28 NOMINATION OF RABBI RACHEL SHORT TO THE BOARD OF ETHICS (Comm. 1032): Requires Council Confirmation by: November 9, 2022 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 21 Hawaii County Council-52 November 2,2022 PRPSC-38 NOMINATION OF DYLAN ANDRION TO THE POLICE COMMISSION (Comm. 1033): Requires Council Confirmation by: November 10, 2022 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. RAWEEMC-18 NOMINATION OF DELL OTSUKA TO THE ENVIRONMENTAL (Comm. 1034): MANAGEMENT COMMISSION Requires Council Confirmation by: November 10, 2022 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. RAWEEMC-19 NOMINATION OF NATALIE REYNOLDS TO THE GAME MANAGEMENT (Comm. 1035): ADVISORY COMMISSION Requires Council Confirmation by: November 10, 2022 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 22 Hawaii County Council-52 November 2,2022 REFERRALS FOR EXECUTIVE SESSION Comm. 1052: DOMINIC YAGONG V. COUNTY OF HAWAII; CIVIL NO. 3CCV-22-0000234 From Deputy Corporation Counsel Lerisa L. Heroldt, dated October 10, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced lawsuit filed by Frank Jung, Esquire, on behalf of his client Dominic Yagong. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Inaba, Kierkiewicz, Kimball, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder—6. Noes: None. Absent: Council Member Chung— 1. Excused: Council Members David and Lee Loy —2. Comm. 1053: KAWAUCHI V. COUNTY OF HAWAII; CIVIL NO. 14-1-000336 From Deputy Corporation Counsel Lerisa L. Heroldt, dated October 10, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced lawsuit filed by Douglas Halsted, Esquire, on behalf of his client Jamae Kawauchi. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Inaba, Kierkiewicz, Kimball, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder—6. Noes: None. Absent: Council Members Chung, David, and Lee Loy —3. Excused: None. Comm. 1058: GEORGE K. YOUNG V. STATE, ET AL.; CASE NO. CV12-00336 From Deputy Corporation Counsel Steven K. Idemoto, dated October 12, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Lee Loy —2. Excused: None. Page 23 Hawaii County Council-52 November 2,2022 Comm. 1059: MALAMA I KE KAI O WAIPI`O, ET AL. V. ROTH, MITCHELL, ET AL.; CIVIL NO. 3CCV-22-106 From Deputy Corporation Counsel Steven K. Idemoto, dated October 12, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Inaba, Kierkiewicz, Kimball, Richards, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung and Lee Loy —2. Excused: Council Member Kaneali`i-Kleinfelder— 1. The Council anticipates convening an executive meeting regarding the above matters,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 ADJOURNMENT: 5:32 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 October 31, 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 24 Hawaii County Council-52 November 2,2022 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 25