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Home My WebLink AboutAGE COUNCIL 2023-05-17 2022-2024 Hawaii County Clerk 05/11/2023 09:05:47 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=— �),��f MTMQ:�p OF NF' SUSAN L.K.LEE LOY REBECCA VILLEGAS COUNTY COUNCIL County of Hawaii Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 12th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii May 17, 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 locations: • Old Kohala Courthouse, 54-3900 Akoni Pule Highway,Kapa`au; and • 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, May 16,2023. 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,May 16,2023,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 05/11/2023 09:05:48 AM Hawaii County Council-12 May 17,2023 INVOCATION Reverend Kazunori Takahashi of Honpa Hongwanji Hilo Betsuin 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 April 5, 2023 ORDER OF RESOLUTIONS Res. 141-23: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF A CONSERVATION EASEMENT OF TAX MAP KEY 7-6-004:003 SITUATED IN THE DISTRICT OF NORTH KONA, ALSO KNOWN AS HISTORIC 88 TEMPLES WALK, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire a conservation easement on approximately 2.488 acres of land to provide pedestrian access to H61ualoa Village, facilitate reconstruction of historic trails and the Shikoku Pilgrimage Monument, and expand opportunities for recreational, educational, and social activities. Acquisition of a conservation easement on this parcel is listed as priority number 7 in the 2022 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 241 Intr. by: Ms. Villegas Approve: LAAC-16 Page 2 Hawaii County Clerk 05/11/2023 09:05:48 AM Hawaii County Council-12 May 17,2023 Res. 158-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR CONTRACT FOR HIGH RESOLUTION IMAGERY FOR THE HAWAII COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into a new four-year agreement with Pictometry International Corp., with an estimated annual cost of$516,735.75, for access to current imagery of subdivisions, businesses, developments, and roadways. Reference: Comm. 262 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-49 Res. 159-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY RESEARCH AND DEVELOPMENT DEPARTMENT Allows for the receipt of$965,600 in federally-derived funds, which would be used to assist individuals that have been adversely affected by the COVID-19 pandemic to enter, return to, or advance in high quality jobs. Reference: Comm. 263 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-50 Res. 166-23: 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 ISLAND LGBTQ PRIDE TO SUPPORT ITS ANNUAL PRIDE PARADE AND FESTIVAL Transfers $2,000 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. 280 Intr. by: Ms. Kimball Page 3 Hawaii County Clerk 05/11/2023 09:05:48 AM Hawaii County Council-12 May 17,2023 Res. 167-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE SUPPLIES FOR RECREATIONAL ACTIVITIES IN WEST HAWAII Transfers $9,500 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 281 Intr. by: Mr. Inaba Res. 168-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KOHANAIKI `GHANA TO ASSIST WITH THE 19TH ANNUAL ROOTS BODYBOARDING CONTEST AT WAI`AHA BEACH PARK Transfers $3,000 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. 282 Intr. by: Ms. Villegas Res. 169-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOPE SERVICES HAWAII, INC., TO SUPPORT THE HAWAII KEIKI RODEO EVENTS Transfers $10,000 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 283 Intr. by: Ms. Lee Loy Page 4 Hawaii County Clerk 05/11/2023 09:05:48 AM Hawaii County Council-12 May 17,2023 Res. 170-23: 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 ISLAND ADULT CARE FOR TUITION ASSISTANCE FOR ITS HILO ADULT DAY PROGRAM Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 284 Intr. by: Ms. Kagiwada Res. 171-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO AHAVA `AINA TO HOST A TECHNOLOGY SUPPORT GROUP CALLED DISCONNECT TO RECONNECT Transfers $3,000 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. 285 Intr. by: Ms. Kagiwada Res. 172-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO YWCA OF HAWAII ISLAND FOR EXPENSES RELATED TO ITS DEVELOPMENTAL PRESCHOOL 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. 286 Intr. by: Ms. Kagiwada Page 5 Hawaii County Clerk 05/11/2023 09:05:48 AM Hawaii County Council-12 May 17,2023 Res. 173-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE EQUIPMENT AND SUPPLIES FOR ITS RECREATION PROGRAMS AND ACTIVITIES IN COUNCIL DISTRICT 2 Transfers $13,000 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 287 Intr. by: Ms. Kagiwada Res. 174-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE HAWAII FIRE DEPARTMENT WITH EXPENSES RELATING TO THE BIG ISLAND JUNIOR LIFEGUARD PROGRAM Transfers $10,000 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Hawaii Fire Department, Ocean Safety Programs account. Reference: Comm. 288 Intr. by: Ms. Villegas Res. 175-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO POHAKU PELEMAKA FOR ITS HO`OWEHE I KA NIU SUMMER CAMP Transfers $4,950 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 289 Intr. by: Ms. Kierkiewicz Page 6 Hawaii County Clerk 05/11/2023 09:05:48 AM Hawaii County Council-12 May 17,2023 Res. 176-23: APPROVES THE FISCAL YEAR 2024 PROPOSED OPERATING BUDGET FOR THE HAWAII STATE ASSOCIATION OF COUNTIES Reference: Comm. 290 Intr. by: Ms. Kimball Waived: GOEAC Res. 181-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$242 to be used at the department's Hilo office. Reference: Comm. 296 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 182-23: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE DEPARTMENT OF THE ARMY REGARDING THE WAIAKEA-PALAI FLOOD RISK MANAGEMENT PROJECT Allows for the Department of Public Works to enter into a Project Partnership Agreement with the Department of the Army to develop the parameters for the design, construction, and maintenance of the Kupulau Ditch Detention and the Hilo Municipal Golf Detention. Reference: Comm. 297 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 183-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR REPAIRS AT THE HAWAIIAN ACRES VOLUNTEER FIRE STATION Transfers $20,000 from the Clerk-Council Services—Contingency Relief account (Council District 5); and credits to the Hawaii Fire Department, Fire Volunteer Other Current Expenses account. Reference: Comm. 300 Intr. by: Mr. Kaneali`i-Kleinfelder Page 7 Hawaii County Clerk 05/11/2023 09:05:48 AM Hawaii County Council-12 May 17,2023 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: March 22 and April 19, 2023 (Note: There is a motion by Mr. Inaba, seconded by Ms. Galimba, to pass Bill 28, Draft 2, on first reading.) Bill 41: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT 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—TWENTY ACRES (A-20a) TO AGRICULTURAL—TEN ACRES (A-lOa) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-027:003 (Applicants: Charles Stevenson, Ann Stevenson, and John Fumo) (Area: 22.665 Acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicants to request subdivision of the property in two 11.3325 acre lots to accommodate existing single-family dwellings on each lot. The property is located at 73-4375 Haleamau Street, approximately 570 feet northeast of its intersection with Kaloko Drive, Kaloko Mauka Subdivision, North Kona. Reference: Comm. 210 Intr. by: Mr. Inaba(B/R) Approve: LAAC-17 Page 8 Hawaii County Clerk 05/11/2023 09:05:48 AM Hawaii County Council-12 May 17,2023 Bill 44: AMENDS CHAPTER 19, ARTICLES 1 AND 7, OF THE HAWAII COUNTY (Draft 2) CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMUNITY FOOD SUSTAINABILITY USE ASSESSMENTS AND NONDEDICATED AGRICULTURE USE ASSESSMENTS Seeks to implement recommendations of the Real Property Tax Review Working Group and Agricultural Committee's September 2019 Final Report and the 2021 Annual Report of the Real Property Tax Board of Review by: establishing a sunset date for the definition of"Nondedicated agricultural use assessment"; adding a new definition for"Community food sustainability use"; establishing a sunset date for Section 19-57 of the Hawaii County Code; and establishing a new section titled "Community food sustainability use assessment". Reference: Comm. 218.3 Intr. by: Ms. Kimball and Ms. Galimba Approve: FC-51 Bill 45: 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—QUEST (Quality Jobs, Equity, Strategy, and Training) Disaster Recovery account($965,000); and appropriates the same to the QUEST Disaster Recovery account. Funds would be used to assist individuals who have been adversely affected by the COVID-19 pandemic to enter, return to, or advance in high quality jobs. Reference: Comm. 263 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-52 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 42: 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($47,000); and appropriates the same to the Golf Course Other Current Expenses account to cover higher than anticipated utility expenses. Reference: Comm. 213 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 3, 2023 Page 9 Hawaii County Clerk 05/11/2023 09:05:48 AM Hawaii County Council-12 May 17,2023 Bill 46: 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) Compliance— Federal Highway ($1,000,000) and County ($250,000)projects to the Capital Budget. Funds for these projects shall be provided from Federal Grants Receivable ($1,000,000) and General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources ($250,000), and would be used to design and construct ADA pads for passengers to board buses at safe locations and install other improvements for ADA compliance. Reference: Comm. 265 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 3, 2023 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Bill 47: 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($700,000); and appropriates the same to the Highway Maintenance Administration Equipment account to cover unanticipated expenses for equipment. Reference: Comm. 266 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 3, 2023 REPORTS GOEAC-41 NOMINATION OF THOMAS G. WOJSZYNSKI TO THE VETERANS (Comm. 258): ADVISORY COMMITTEE GOEAC-42 NOMINATION OF DOROTHY NORRIS TO THE ENVIRONMENTAL (Comm. 259): MANAGEMENT COMMISSION Requires Council Confirmation by: May 27, 2023 (Section 13-4(k), Hawai`i County Charter) Page 10 Hawaii County Clerk 05/11/2023 09:05:48 AM Hawaii County Council-12 May 17,2023 GOEAC-43 NOMINATION OF MICHAEL D. QUANDT TO THE TAX BOARD REVIEW (Comm. 260): Requires Council Confirmation by: May 27, 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. 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 May 15, 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 11