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Home My WebLink AboutAGE COUNCIL 2023-03-22 2022-2024 ACTIONS HEATHER L.KIMBALL t.,OF p CINDY EVANS Chan&Presiding Officer ?�N �h+,, MIC.'HELLE M. GALIMBA 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 Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 8th Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii March 22, 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. 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 21, 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 21, 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 Council-8 March 22,2023 INVOCATION Pastor Jason Meechan of Kona Faith Center CALL TO ORDER 9:00 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 February 22, 2023 APPROVED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 2 Hawaii County Council-8 March 22,2023 ORDER OF RESOLUTIONS Res. 60-23: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO (Draft 2) NEGOTIATIONS FOR THE ACQUISITION OF A CONSERVATION EASEMENT OF TAX MAP KEYS: 2-1-018:006, 007, AND 010 SITUATED IN THE DISTRICT OF SOUTH HILO, ALSO KNOWN AS KAUMAUI, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire a conservation easement to preserve, restore, and revitalize freshwater and anchialine ponds and to provide a learning space for educational and cultural purposes. The acquisition of a conservation easement at Kaumaui is listed as the number two priority in the 2021 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 122.3 Intr. by: Ms. Lee Loy Approve: LAAC-12 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Res. 61-23: AUTHORIZES THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO AWARD FUNDS TO VARIOUS NONPROFIT ORGANIZATIONS FOR PROGRAMS ADDRESSING HOUSING AND HOMELESSNESS Proposes 16 grant awards to 13 different nonprofit organizations for a total of $7,583,528.92 in funding that was derived from Tier Two property tax revenues. Reference: Comm. 123 Intr. by: Mr. Inaba(B/R) Approve: LAAC-13 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: Council Member Villegas — 1. Absent: None. Excused: None. Page 3 Hawaii County Council-8 March 22,2023 Res. 62-23: AUTHORIZES GRANT OF A 65-YEAR TERM EASEMENT FOR UTILITY PURPOSES TO HAWAII ELECTRIC LIGHT COMPANY, INC., AND HAWAIIAN TELCOM, INC., OVER TAX MAP KEYS: 3-9-001:034 (POR.) AND 3-9-001:042 (POR.) LOCATED AT O`OKALA, DISTRICT OF NORTH HILO, COUNTY AND STATE OF HAWAII Provides Revocable Right of Entry to Easement U-2 at a cost of$1,700 and Easement U-3 at a cost of$5,000 for the continued maintenance and operation of infrastructure required to provide electrical and telecommunication services to the community. Reference: Comm. 124 Intr. by: Mr. Inaba(B/R) Approve: LAAC-14 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. Res. 63-23: AUTHORIZES GRANT OF A 65-YEAR TERM EASEMENT FOR UTILITY PURPOSES TO HAWAII ELECTRIC LIGHT COMPANY, INC., OVER TAX MAP KEY: 3-9-001:034 (POR.) LOCATED AT O`OKALA, DISTRICT OF NORTH HILO, COUNTY AND STATE OF HAWAII Provides Revocable Right of Entry to Easement U-1 at a cost of$21,000 for the continued maintenance and operation of infrastructure required to provide electrical service to the community of O`okala in North Hilo. Reference: Comm. 125 Intr. by: Mr. Inaba(B/R) Approve: LAAC-15 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. Page 4 Hawaii County Council-8 March 22,2023 Res. 70-23: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR HOUSING ASSISTANCE PAYMENT CONTRACT WITH KALOKO HEIGHTS AFFORDABLE HOUSING LLLP, OWNER OF KALOKO HEIGHTS AFFORDABLE HOUSING FOR THE SECTION 8 PROJECT-BASED VOUCHER PROGRAM AS OFFERED THROUGH A PUBLIC NOTICE DATED DECEMBER 5, 12, AND 19, 2016 AND FEBRUARY 18 AND 19, 2019 Reference: Comm. 132 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-26 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Res. 71-23: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR HOUSING ASSISTANCE PAYMENT CONTRACT WITH THE PROPERTY OWNERS OF THE PROJECTS SELECTED FOR THE SECTION 8 PROJECT-BASED VOUCHER PROGRAM AS OFFERED THROUGH A PUBLIC NOTICE DATED JULY 12, 19, AND 26, 2021 Authorizes the Mayor to enter into a multi-year agreement for the following proposed voucher projects: E Komo Mai Apartments, Hale Ola O Mohouli, Hualalai Court, Kamakoa Nui Workforce Housing, and Kuakini Heights. Reference: Comm. 133 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-27 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-8 March 22,2023 Res. 76-23: APPROVES THE HAWAII STATE ASSOCIATION OF COUNTIES' EXECUTIVE COMMITTEE SLATE OF OFFICERS Ratifies the slate of officers approved by the Hawaii State Association of Counties Executive Committee on February 13, 2023, as follows: Kauai County Council Members Bernard P. Carvalho, Jr., President(Bill DeCosta, Alternate); Maui County Council Members Tamara Paltin, Vice President(Shane M. Sinenci, Alternate); Honolulu City Council Members Tommy Waters, Secretary (Tyler Dos Santos-Tam, Alternate); and Hawaii County Council Members Heather L. Kimball, Treasurer(Jennifer Kagiwada, Alternate). Reference: Comm. 156 Intr. by: Ms. Kimball Waived: GOEAC ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Res. 77-23: CREATES ONE NEW INFORMATION SYSTEMS ANALYST IV POSITION FOR THE DEPARTMENT OF PUBLIC WORKS Establishes an Information Systems Analyst IV SR-22 position to provide support to the Building Division and for the Electronic Processing and Information Center permitting system. Reference: Comm. 157 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 6 Hawaii County Council-8 March 22,2023 Res. 78-23: 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 HALE MUA CULTURAL GROUP TO PURCHASE YEARBOOKS FOR EIGHTH GRADE STUDENTS AT KEALAKEHE INTERMEDIATE SCHOOL 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. 158 Intr. by: Mr. Inaba POSTPONED TO APRIL 5, 2023: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Res. 79-23: 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 HILO EDUCATION ARTS REPERTORY THEATRE TO PURCHASE EQUIPMENT FOR ITS YOUTH SUMMER THEATER CAMP AND PRODUCTIONS Transfers $8,000 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. 159 Intr. by: Ms. Kagiwada ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 7 Hawaii County Council-8 March 22,2023 Res. 80-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PA`AUILO COMMUNITY EASTER EVENT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 160 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 28: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53 AND ARTICLE 10, (Draft 2) SECTION 19-71, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES Safeguards certain agriculturally productive properties which are also used as an owner's primary residence or as an affordable rental from rising assessment values. Reference: Comm. 113.2 Intr. by: Mr. Inaba Approve: FC-28 POSTPONED TO APRIL 19, 2023: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 8 Hawaii County Council-8 March 22,2023 Bill 29: 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 Agency —Hub and Spokes Construction—State project ($400,000)to the Capital Budget. Funds for this project shall be provided from State Grants Receivable account, and would be used for a site analysis and environmental assessment for a new transit hub in Kailua-Kona. Reference: Comm. 134 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-29 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 Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) Bill 24: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (Draft 2) 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. 97.4 Intr. by: Mr. Inaba(B/R) First Reading: March 8, 2023 (Vote on Bill 24, Draft 2, is on the next page.) Page 9 Hawaii County Council-8 March 22,2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. 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—Hawai`i Zero Emission Bus account for the purchase of battery electric buses. Reference: Comm. 105 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: March 8, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. 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) First Reading: March 8, 2023 (Vote on Bill 26 is on the next page) Page 10 Hawaii County Council-8 March 22,2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. REPORTS GOEAC-21 NOMINATION OF CLINTON LEWE-SONG TO THE BOARD OF APPEALS (Comm. 114): Requires Council Confirmation by: March 31, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. GOEAC-22 NOMINATION OF SARAH GIBBON TO THE BOARD OF ETHICS (Comm. 115): Requires Council Confirmation by: March 31, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 11 Hawaii County Council-8 March 22,2023 GOEAC-23 NOMINATION OF PAUL P. PAIVA TO THE BOARD OF ETHICS (Comm. 116): Requires Council Confirmation by: March 31, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. GOEAC-24 NOMINATION OF LAURA ACASIO TO THE ENVIRONMENTAL (Comm. 117): MANAGEMENT COMMISSION Requires Council Confirmation by: March 31, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. GOEAC-25 NOMINATION OF DAWN RAYMOND TO THE LIQUOR CONTROL (Comm. 118): ADJUDICATION BOARD Requires Council Confirmation by: March 31, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 12 Hawaii County Council-8 March 22,2023 GOEAC-26 NOMINATION OF TRAVIS ING TO THE POLICE COMMISSION (Comm. 119): Requires Council Confirmation by: March 31, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. GOEAC-27 NOMINATION OF JOSEPHINE PELAYO TO THE POLICE COMMISSION (Comm. 120): Requires Council Confirmation by: March 31, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. GOEAC-28 NOMINATION OF TERESA NAKAMA TO THE SALARY COMMISSION (Comm. 121): Requires Council Confirmation by: March 31, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 13 Hawaii County Council-8 March 22,2023 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 11:07 a.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 parry. 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/UCJNalwg40oK7a-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 20, 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