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Home My WebLink AboutAGE COUNCIL 2023-03-08 2022-2024 Hawaii County Clerk 03/02/2023 12:24:38 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 7th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii March 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, March 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,March 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 03/02/2023 12:24:38 PM Hawaii County Council-7 March 8,2023 INVOCATION Pastor Chris Czarnecki of First United Protestant 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 CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES February 8, 2023 ORDER OF RESOLUTIONS Res. 57-23: URGES THE HAWAII STATE LEGISLATURE TO AMEND CHAPTER 457J, HAWAII REVISED STATUTES, RELATING TO MIDWIVES, TO PERMANENTLY EXEMPT BIRTH ATTENDANTS FROM STATE LICENSURE REQUIREMENTS AND TO EXPAND THE ELIGIBILITY CRITERIA FOR MIDWIFERY LICENSURE Supports the passage of Senate Bill No. 1047 and House Bill No. 955. Reference: Comm. 104 Intr. by: Ms. Kagiwada and Ms. Kierkiewicz Approve: GOEAC-20 Res. 58-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION Allows for the receipt of$1,765,000, which would be used to purchase battery electric buses. Reference: Comm. 105 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-23 Page 2 Hawaii County Clerk 03/02/2023 12:24:38 PM Hawaii County Council-7 March 8,2023 Res. 64-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PULAMA IA KONA HERITAGE PRESERVATION COUNCIL TO ASSIST WITH EXPENSES FOR ITS 1925 MONUMENT PROJECT Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 126 Intr. by: Ms. Villegas Res. 65-23: 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 LIONS CLUB OF KONA COMMUNITY FOUNDATION INC., FOR EXPENSES RELATING TO ITS MAINTENANCE PROJECT AT THE HAROLD H. HIGASHIHARA PARK Transfers $10,000 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 127 Intr. by: Ms. Villegas Res. 66-23: 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 SOCIETY FOR KONA'S EDUCATION AND ART FOR EXPENSES RELATING TO THE NATURE AND ART AS THERAPY WORKSHOPS BY ROOT AND RISE HAWAII Transfers $4,000 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 128 Intr. by: Ms. Galimba Page 3 Hawaii County Clerk 03/02/2023 12:24:38 PM Hawaii County Council-7 March 8,2023 Res. 67-23: 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 $2,500 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. 129 Intr. by: Ms. Galimba Res. 68-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KONA ALOHA SINGERS TO ASSIST WITH EXPENSES FOR ITS REHEARSALS AND CONCERT PERFORMANCES IN KONA Transfers $1,500 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 130 Intr. by: Mr. Inaba Res. 69-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO POHAHA I KA LANI Approves a grant of$61,056 to P6h5h5 I Ka Lani, a 501(c)(3) nonprofit organization, to protect,preserve, and restore the Waipi`o Valley Lookout in Hamakua(Tax Map Key: 4-8-004:006), pursuant to Section 10-16(h) of the Hawai`i County Charter. Reference: Comm. 131 Intr. by: Ms. Kimball Waived: LAAC Page 4 Hawaii County Clerk 03/02/2023 12:24:38 PM Hawaii County Council-7 March 8,2023 Res. 72-23: CREATES FORTY-FIVE NEW POSITIONS FOR THE NEW ANIMAL CONTROL AND PROTECTION AGENCY Provides approval to create positions in preparation for the establishment of a new County agency. Reference: Comm. 137 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 73-23: REAFFIRMS THE COUNTY OF HAWAI`I'S COMMITMENT TO DIVERT ON-ISLAND WASTE TO SUSTAINABLY PROCESS CARBON-NEGATIVE CEMENT, BIOCHAR, GREEN HYDROGEN, AND RECLAIMS WATER TO HELP ACHIEVE ITS GOALS RELATED TO CLIMATE RESILIENCY, RENEWABLE ENERGY, SUSTAINABLE AGRICULTURE, AND ZERO WASTE Reference: Comm. 138 Intr. by: Mr. Kaneali`i-KI einfelder Waived: PCCRRA Page 5 Hawaii County Clerk 03/02/2023 12:24:38 PM Hawaii County Council-7 March 8,2023 BILLS FOR ORDINANCES (FIRST READING) Bill 230: PROVIDES FOR THE ESTABLISHMENT OF THE COUNTY OF HAWAII (Draft 2) DOWNTOWN HILO BUSINESS IMPROVEMENT DISTRICT NO. 2, AS (2020-2022) AUTHORIZED BY CHAPTER 35 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO BUSINESS IMPROVEMENT DISTRICTS Proposes the formation of a Business Improvement District to finance certain supplemental public safety, sanitation, landscaping, and maintenance services and infrastructure improvements in Downtown Hilo, to be funded by assessments on 313 commercial properties within the district boundaries at an assessed rate of $1.50 for every $1,000 of"Total Net Taxable Value" of each parcel of land, for a total estimated budget of$367,000 for the first operating year of the proposed Business Improvement District. Reference: Comm. 1060.11 Intr. by: Ms. Kimball Approve: FC-228 Postponed: November 16 and December 21, 2022 Public Hearing: February 7, 2023 (recessed to February 24, 2023) (Note: There is a motion by Mr. Chung, seconded by Mr. Inaba,to pass Bill 230, as amended, on first reading.) Bill 24: AMENDS SECTION 25-8-33 (CITY OF 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—THREE ACRES (A-3a) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT HILO, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-003:035 (Applicant: Matthew C. Wung and Eric J. Wung) (Area: 3.1285 Acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into five lots ranging in size from 20,080 to 45,363 square feet. The property is located at 862 West Kawailani Street, approximately 1,000 feet west of its intersection with Komohana Street, Waiakea, South Hilo. Reference: Comm. 97 Intr. by: Mr. Inaba(B/R) Approve: LAAC-11 Page 6 Hawaii County Clerk 03/02/2023 12:24:38 PM Hawaii County Council-7 March 8,2023 Bill 25: 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—Volkswagen Settlement—Hawai`i Zero Emission Bus account($1,765,000); and appropriates the same to the Volkswagen Settlement—Hawaii Zero Emission Bus account for the purchase of battery electric buses. Reference: Comm. 105 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-24 Bill 26: 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 State Grants—Kua Bay account($100,000) and the West Hawaii Ocean Safety account($76,402); and appropriates the same to the Kua Bay— State Equipment account($100,000), bringing the total appropriation to $580,000; and the Hapuna Beach— State Equipment account($76,402), bringing the total appropriation to $995,505. Reference: Comm. 106 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-25 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 194: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-44, OF THE (Draft 3) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATED (2020-2022) TO CONDITIONS ON CHANGE OF ZONE Provides the County Council exclusive authority to grant an initial time extension for the performance of conditions within a change of zone ordinance and increases the filing fee from $250 to $500 for any request for a time extension, change, or alteration of conditions within a change of zone ordinance. Reference: Comm. 898.25 Intr. by: Mr. Inaba First Reading: February 22, 2023 Page 7 Hawaii County Clerk 03/02/2023 12:24:38 PM Hawaii County Council-7 March 8,2023 Bill 17: AMENDS CHAPTER 19, ARTICLE 12, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX APPEALS Amends Section 19-100 and repeals Section 19-101 to make the $50 deposit required for each appeal by a taxpayer to the County of Hawai`i Tax Board of Review nonrefundable. Reference: Comm. 68 Intr. by: Mr. Inaba First Reading: February 22, 2023 Bill 19: REPEALS CHAPTER 6, ARTICLE 2, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO DANCE HALLS Reference: Comm. 78 Intr. by: Ms. Kagiwada First Reading: February 22, 2023 Bill 20: 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—Clean Water Act 604(b) account ($49,600), and appropriates the same to the Clean Water Act 604(b) account. Funds would be used to complete a Wastewater Service Area Expansion Feasibility Study. Reference: Comm. 82 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: February 22, 2023 Page 8 Hawaii County Clerk 03/02/2023 12:24:38 PM Hawaii County Council-7 March 8,2023 Bill 21: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $127,500,000 in General Obligation Bonds to fund certain Capital Improvement Projects including: Construction of Hilo Wastewater Treatment Plant and other facilities; Public Works Repairs and Maintenance (Aupuni Center Roof and Emergency Communication Center); Parks and Recreation Repairs and Maintenance (ADA Compliance and Papa`aloa State Match); Sewer Pipe Replacement(Kilauea/Keawe Street); and Animal Control infrastructure. Reference: Comm. 83 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: February 22, 2023 Bill 22: AMENDS CHAPTER 2,ARTICLE 2;ADDS A NEW ARTICLE TO CHAPTER 2; (Draft 2) AND AMENDS CHAPTER 4,ARTICLES 2, 3,4,AND 9, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO CREATE AN ANIMAL CONTROL AND PROTECTION AGENCY Establishes an independent agency to provide for the care and maintenance of impounded animals and to fulfill the functions and requirements of Hawaii Revised Statutes, Chapters 143 and 711 relating to the protection of animals. Reference: Comm. 91.38 Intr. by: Ms. Kimball and Ms. Evans First Reading: February 22, 2023 and Comm. 91.39: From Council Member Jenn Kagiwada, dated February 28, 2023, transmitting a proposed amendment to Bill 22, Draft 2. Page 9 Hawaii County Clerk 03/02/2023 12:24:38 PM Hawaii County Council-7 March 8,2023 Bill 27: 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 Hilo Bayfront Trails Phase IIA—Federal project ($1,250,000) to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable and would be used to complete the remaining scope of Phase II, including construction of Americans with Disabilities Act compliant parking stalls and a connecting walkway for access to the path that runs from Kumu Street to Pauahi Street. Reference: Comm. 107 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: February 22, 2023 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), 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. 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/TJCJNalwg40oK7a-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 March 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. Page 10 Hawaii County Clerk 03/02/2023 12:24:38 PM Hawaii County Council-7 March 8,2023 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 11