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Home My WebLink AboutAGE COUNCIL 2023-01-25 2022-2024 Hawaii County Clerk 01/19/2023 11:05:00 AM HEATHER L.KIMBALL tY OF p CINDY EVANS oN•• �`� MICHELLE M. GALIMBA Chair&Presiding Officer �?•' �, JENN KAGIWADA HOLEKA GORO INABA `: °` MATT KANEALI`I-KLEINFELDER Vice Chair — ASHLEY L.KIERKIEWICZ o=— �),�� OF NF' SUSAN L.K.LEE LOY REBECCA VILLEGAS COUNTY COUNCIL County of Hawaii Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 4'h Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai i January 25, 2023 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. 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, January 24,2023. 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,January 24,2023, 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 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 INVOCATION Pastor Brian Keiser of Lutheran Church of the Holy Trinity CALL TO ORDER 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 CLOVE TO THE NOON HOUR) APPROVAL OF MINUTES December 21, 2022 ORDER OF RESOLUTIONS Res. 20-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR PROFESSIONAL GRANT MANAGEMENT SERVICES FOR THE HAWAII FIRE DEPARTMENT Authorizes the Mayor to enter into a multi-year agreement with CNC Consulting from August 29, 2022 through November 28, 2024, with a cost not to exceed $30,000. Reference: Comm. 17 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-1 Page 2 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 Res. 21-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT Transfers $2,500 from the Liquor Control/Public Programs account; and credits to the Sundry Refund account, to complete the return of prior year Contingency Relief funds from the Department of Liquor Control. Reference: Comm. 22 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-2 Res. 22-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO KOHANAIKI `GHANA Approves a grant of$20,380 to Kohanaiki `Ohana, a 501(c)(3)nonprofit organization, to protect,preserve, and restore the `O`oma Beach property in North Kona(Tax Map Key: 7-3-009:004), pursuant to Section 10-16(h) of the Hawai`i County Charter. Reference: Comm. 23 Intr. by: Mr. Inaba Approve: LAAC-1 Res. 23-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO POHAHA I KA LANI Approves a grant of$39,710 to P6hah5 I Ka Lani, a 501(c)(3) nonprofit organization, to protect,preserve, and restore the Waipi`o Valley Lookout property in Hamakua(Tax Map Key: 4-8-004:006),pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 24 Intr. by: Ms. Kimball Approve: LAAC-2 Page 3 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 Res. 24-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE FOOD BASKET Provides grant funds in the amount of$91,500, to cultivate fresh produce, reduce food waste, increase the volume of fruits and vegetables diverted to local food assistance programs, expand the consumption of local agricultural products, deepen engagement with Hawaii Island's food system, and heighten the program's sustainability. Reference: Comm. 25 Intr. by: Mr. Inaba(B/R) Approve: LAAC-3 Res. 25-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO HUI MALAMA I KE ALA `ULILI Provides grant funds of$100,000, to establish a community resilience hub in Pa`auilo to address the current and future needs for food systems, a sustainable economy, and community care. Reference: Comm. 26 Intr. by: Mr. Inaba(B/R) Approve: LAAC-4 Res. 26-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO LA`I`OPUA 2020 Provides grant funds of$100,000, to support the Ho`okahua Food Preservation Project that will teach food preservation techniques, encourage the community to buy local produce, and support a food program for qualified students in West Hawaii. Reference: Comm. 27 Intr. by: Mr. Inaba(B/R) Approve: LAAC-5 Page 4 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 Res. 30-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY Allows for the receipt of$75,000, which would be used to cover overtime expenses incurred by multi-agency law enforcement to follow-up on persons ordered by the court to surrender firearms. Reference: Comm. 37 Intr. by: Ms. Evans (B/R) Approve: GOEAC-7 Res. 31-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE EDITH KANAKA`OLE FOUNDATION Provides grant funds of$90,525, to support the KIPA (Known Indigenous Perspectives and Alignment) Business Cultural Training program. Reference: Comm. 38 Intr. by: Mr. Inaba(B/R) Approve: LAAC-6 Res. 32-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE EDITH KANAKA`OLE FOUNDATION Provides grant funds of$100,000, to support the Kukulu ka Pahukapu Program and advance Responsible Tourism and Pono-Based Communication. Reference: Comm. 39 Intr. by: Mr. Inaba(B/R) Approve: LAAC-7 Res. 33-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE KOHALA CENTER Provides grant funds of$87,047, to support the Pulama Kahalu`u: Supporting Ongoing Stewardship Program. Reference: Comm. 40 Intr. by: Mr. Inaba(B/R) Approve: LAAC-8 Page 5 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 Res. 34-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HUMAN SERVICES Allows for the receipt of$2 million which would be used to support new and existing programs that connect individuals and families experiencing homelessness to appropriate services and resources. Reference: Comm. 47 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-3 Res. 35-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE SEWER CLEANING TRUCK FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$9,000. Reference: Comm. 48 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-4 Res. 36-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII RISE FOUNDATION TO ASSIST WITH EXPENSES RELATING TO THE 27TH ANNUAL KWXX HO`OLAULE`A Transfers $4,000 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 51 Intr. by: Ms. Kierkiewicz Page 6 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 Res. 37-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR MAINTENANCE AND/OR IMPROVEMENT PROJECTS ALONG HILO BAYFRONT TRAILS IN COUNCIL DISTRICT 2 Transfers $5,750 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 52 Intr. by: Ms. Kagiwada Res. 38-23: 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 ISLAND OF HAWAII YMCA TO ASSIST WITH EXPENSES RELATED TO THE PURCHASE AND INSTALLATION OF A WATER BOTTLE FILLING STATION Transfers $4,015 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 61 Intr. by: Ms. Lee Loy Res. 39-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF UP TO TEN PALLET SHELTER UNITS FOR THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT This donation from the County of Maui with an estimated value of$70,000 would be used as emergency shelters to address homelessness. Reference: Comm. 62 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 7 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 Res. 40-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR SUBLEASE OF REAL PROPERTY (WAREHOUSE) FOR THE OFFICE OF THE COUNTY CLERK, ELECTIONS DIVISION Authorizes the Mayor to enter into a five-year sublease agreement with Men's Shop, Inc., for 3,000 square feet of warehouse space located at 210 Maka`ala Street, at an approximate monthly cost of$1,953. Reference: Comm. 63 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 239: AMENDS CHAPTER 15, ARTICLE 1 AND ARTICLE 2, DIVISION 1 AND (2020-2022) DIVISION 2, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE OPERATION OF PARKS AND RECREATIONAL AREAS Sets hours of operation for all parks, beach parks, cemeteries, and recreation facilities, and amends provisions for prohibited activities in park areas. Reference: Comm. 1085 Intr. by: Mr. Inaba(B/R) Approve: PCHSW-1 Bill 240: AMENDS CHAPTER 15, ARTICLE 2, DIVISION 1, SECTION 15-26, OF THE (2020-2022) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO USE OF VEHICLES AND PARKING RESTRICTIONS AT COUNTY PARKS AND RECREATIONAL FACILITIES Clarifies and adds provisions for the parking of vehicles at County parks and recreational facilities. Reference: Comm. 1086 Intr. by: Mr. Inaba(B/R) Approve: PCHSW-2 Page 8 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 Bill 241: AMENDS CHAPTER 15, ARTICLE 4, SECTION 15-39, OF THE HAWAII (2020-2022) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO CAMPING AND TRAILER AREAS Clarifies provisions for the parking of recreational vehicles and camper units at County beach parks. Reference: Comm. 1087 Intr. by: Mr. Inaba(B/R) Approve: PCHSW-3 Bill 242: AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII (2020-2022) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE Adds and removes parks and cemeteries, consolidates certain parks under a single park, adds geographical categories of park locations, and adds tax map key parcel identifiers. Reference: Comm. 1088 Intr. by: Mr. Inaba(B/R) Approve: PCHSW-4 Bill 3: 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 Appropriates excess fuel tax revenues collected from 2020-2022 by establishing the following fuel tax program appropriations to the Capital Budget: Roadway Projects (Engineering) ($252,043.47); Bridge Inspection, Repair and Replacement Program (Engineering) ($177,913.04); and Local Road Improvements (Highways) ($429,956.52), for a total appropriation of$859,913.03. Reference: Comm. 18 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-5 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 9 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 Bill 4: AMENDING ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 Reappropriates lapsed fuel tax funds from prior fiscal years by establishing the following fuel tax program appropriations to the Capital Budget: Roadway Projects (Engineering) ($1,288,729.07); Bridge Inspection,Repair and Replacement Program (Engineering) ($15,892.03); and Local Road Improvements (Highways) ($214,385.57),for a total appropriation of$1,519,006.67. Reference: Comm. 19 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-6 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Bill 5: 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 Public Works Kalanian`ole Avenue Reconstruction -Private project($100,000) to the Capital Budget. Funds for this project shall be provided from Private Contributions. Reference: Comm. 20 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-7 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 10 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 Bill 6: 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 Appropriates the eighth increment of the fuel tax revenues established by Resolution No. 504-08 and collected from 2022-2024 to the following programs: Roadway Projects - Engineering ($2 million); Bridge Inspection, Repair and Replacement Program - Engineering ($1.4 million); and Local Road Improvements - Highway ($3.4 million), for a total appropriation of$6.8 million. Reference: Comm. 21 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-8 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Bill 8: AMENDS CHAPTER 15, ARTICLE 7, SECTION 15-62, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE MEMBERSHIP OF THE VETERANS ADVISORY COMMITTEE Removes the Disabled American Veterans' representative and increases at-large membership from seven to eight members. Reference: Comm. 29 Intr. by: Ms. Lee Loy Approve: PCHSW-5 Bill 9: AMENDS CHAPTER 11, ARTICLE 1, SECTION 11-19, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING Requires that all affordable housing agreements be submitted to the Council by the Housing Administrator within 30 calendar days following the date of execution, and quarterly activity reports beginning on March 1, 2023. Reference: Comm. 30 Intr. by: Mr. Inaba and Ms. Kimball Approve: PCPLUD-1 and Comm. 30.1: From Council Members Holeka Goro Inaba and Heather L. Kimball, dated January 18, 2023, transmitting a proposed amendment to Bill 9. Page 11 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 Bill 10: 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—National Instant Criminal Background Check System Act Record Improvement Program ($75,000); and appropriates the same to the National Instant Criminal Background Check System Act Record Improvement Program account. Funds would be used to cover overtime expenses incurred by multi-agency law enforcement to follow-up on persons ordered by the court to surrender firearms. Reference: Comm. 37 Intr. by: Ms. Evans (B/R) Approve: GOEAC-8 Bill 11: 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—2022 Ohana Zone Funding account ($2 million); and appropriates the same to the 2022 `Ohana Zone Funding— Program account($1,800,000); and 2022 `Ohana Zone Funding—Administration account($200,000). Funds would be used to support new and existing programs that connect individuals and families experiencing homelessness to appropriate services and resources. Reference: Comm. 47 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-9 REPORTS GOEAC-1 REAPPOINTMENT OF AARON SPIELMAN TO THE HAWAII COUNTY (Comm. 41): CULTURAL RESOURCES COMMISSION GOEAC-2 REAPPOINTMENT OF AUSTIN GRIFFEY TO THE GAME MANAGEMENT (Comm. 42): ADVISORY COMMISSION Requires Council Confirmation by: January 28, 2023 (Section 134(k), Hawai`i County Charter) Page 12 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 GOEAC-3 REAPPOINTMENT OF GERALD KOSAKI TO THE FIRE COMMISSION (Comm. 43): Requires Council Confirmation by: January 28, 2023 (Section 13-4(k), Hawai`i County Charter) GOEAC-4 REAPPOINTMENT OF DEBORAH CHANG TO THE PUBLIC ACCESS, (Comm. 44): OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION Requires Council Confirmation by: January 28, 2023 (Section 2-2150), Hawai`i County Code) GOEAC-5 NOMINATION OF SAMUEL NELSON TO THE SALARY COMMISSION (Comm. 45): Requires Council Confirmation by: January 28, 2023 (Section 13-4(k), Hawai`i County Charter) GOEAC-6 NOMINATION OF DR. DAWOOD Y. FARAHI TO THE SALARY (Comm. 46): COMMISSION Requires Council Confirmation by: January 28, 2023 (Section 13-4(k), Hawai`i County Charter) 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. Page 13 Hawaii County Clerk 01/19/2023 11:05:00 AM Hawaii County Council-4 January 25,2023 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 (808) 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/IJCJNalwg4OoK7a-7nGnEtGPA. If you need an auxiliary aid/service or other accommodation due to a disability, call (808) 961-8255 as soon as possible, preferably by January 23, 2023. 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 (808) 961-8255. Page 14