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Home My WebLink AboutAGE COUNCIL 2023-02-08 2022-2024 Hawaii County Clerk 02/02/2023 12:47:20 PM 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 5th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii February 8, 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: • 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 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, Tuesday, February 7,2023. 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,February 7,2023,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 02/02/2023 12:47:20 PM Hawaii County Council-5 February 8,2023 INVOCATION Pastor Daniel Tomita of Kinoole Baptist Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT,AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 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 November 2, 2022 January 5, 2023 ORDER OF RESOLUTIONS Res. 41-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY DEVELOPMENT GROUP TO ASSIST WITH THE OLA`A SKATE PARK, PHASE 2 Transfers $6,000 from the Clerk-Council Services—Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 79 Intr. by: Mr. Kaneali`i-Kleinfelder Page 2 Hawaii County Clerk 02/02/2023 12:47:20 PM Hawaii County Council-5 February 8,2023 Res. 42-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS CHURCH FOR EXPENSES RELATED TO ITS KULEANA PROJECT Transfers $15,000 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 80 Intr. by: Ms. Kierkiewicz Res. 50-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF THREE LUCAS COMPRESSION SYSTEM DEVICES AND ACCESSORIES TO THE HAWAII FIRE DEPARTMENT This donation from the Hilo Medical Center Foundation with an estimated value of $52,761 would be used for emergency treatment involving chest compressions. Reference: Comm. 89 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 12: AMENDS SECTION 25-8-6 (KAILUA-HONALU URBAN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) 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 KEAUHOU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-7-008:062 (Applicant: Shawn Maile Nakoa, Esq) (Area: 5.292 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into three lots of at least one acre. The property is located approximately a quarter mile northwest of its intersection with Kamehameha III Road, Pahoehoe 1st-Kapalaalaea 2nd in North Kona. Reference: Comm. 50 Intr. by: Mr. Inaba(B/R) Approve: LAAC-9 Page 3 Hawaii County Clerk 02/02/2023 12:47:20 PM Hawaii County Council-5 February 8,2023 Bill 13: 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 Fund Balance from Previous Year account($300,500); and appropriates the same to the Geothermal Fire Equipment account. Funds would be used to purchase essential fire equipment to be utilized in Pahoa and other sectors within the lower Puna area. Reference: Comm. 56 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-10 Bill 14: 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 Kilauea Avenue/Keawe Street Rehabilitation—County Department of Water Supply project($1 million)to the Capital Budget. Funds for this project shall be provided from Capital Contributions—Department of Water Supply account, and would be used to construct water main improvements. Reference: Comm. 57 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-11 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Bill 15: 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 Mass Transit Bus Stop ADA (Americans with Disabilities Act) Compliance— SP&R(State Planning and Research) Federal project($162,556) and the Kailua-Kona Maintenance Facility— SP&R Federal project($295,200) to the Capital Budget. Funds for these projects shall be provided from Federal Grants Receivable. Reference: Comm. 58 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-12 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 4 Hawaii County Clerk 02/02/2023 12:47:20 PM Hawaii County Council-5 February 8,2023 Bill 16: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Decreases revenues in the Fire Volunteer Other Current Expenses account (-$62,500); and appropriates the same to the Fire Volunteer Equipment account ($62,500). Funds would be used to supplement the purchase of a brush truck for a volunteer station. Reference: Comm. 59 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-13 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 239: AMENDS CHAPTER 15, ARTICLE 1 AND ARTICLE 2, DIVISION 1 AND (Draft 2) DIVISION 2, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS (2020-2022) 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. 1085.2 Intr. by: Mr. Inaba(B/R) First Reading: January 25, 2023 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) First Reading: January 25, 2023 Page 5 Hawaii County Clerk 02/02/2023 12:47:20 PM Hawaii County Council-5 February 8,2023 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) First Reading: January 25, 2023 Bill 242: AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE (2020-2022) 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. 1088.2 Intr. by: Mr. Inaba(B/R) First Reading: January 25, 2023 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) First Reading: January 25, 2023 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 6 Hawaii County Clerk 02/02/2023 12:47:20 PM Hawaii County Council-5 February 8,2023 Bill 4: 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 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 atotal appropriation of$1,519,006.67. Reference: Comm. 19 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 25, 2023 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 Kalaniana`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) First Reading: January 25, 2023 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 7 Hawaii County Clerk 02/02/2023 12:47:20 PM Hawaii County Council-5 February 8,2023 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) First Reading: January 25, 2023 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 First Reading: January 25, 2023 Bill 9: AMENDS CHAPTER 11, ARTICLE 1, SECTION 11-19, OF THE HAWAII (Draft 2) 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. 30.2 Intr. by: Mr. Inaba and Ms. Kimball First Reading: January 25, 2023 Page 8 Hawaii County Clerk 02/02/2023 12:47:20 PM Hawaii County Council-5 February 8,2023 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) First Reading: January 25, 2023 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) First Reading: January 25, 2023 REPORTS GOEAC-9 NOMINATION OF CHRISTOPHER HO TO THE BOARD OF ETHICS (Comm. 54): Requires Council Confirmation by: February 18, 2023 (Section 134(k), Hawai`i County Charter) GOEAC-10 NOMINATION OF DESMON HAUMEA TO THE HAWAII COUNTY (Comm. 55): CULTURAL RESOURCES COMMISSION Page 9 Hawaii County Clerk 02/02/2023 12:47:20 PM Hawaii County Council-5 February 8,2023 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation`By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. Live Stream of County Council Meetings: To view the live stream of this meeting, at the scheduled meeting start time, type the following into the address bar of the browser: http://hawaiicounty.granicus.com/ViewPublisher.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 February 6, 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 10