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Home My WebLink AboutAGE COUNCIL 2023-06-07 2022-2024 Hawaii County Clerk 06/01/2023 08:08:14 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 15th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii June 7, 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, June 6,2023. 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,June 6,2023,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 06/01/2023 08:08:14 AM Hawaii County Council-15 June 7,2023 INVOCATION Pastor Blane Kamanu of Thy Word Ministries 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 April 19, 2023 May 3, 2023 COMMUNICATIONS Comm. 307: APPOINTMENT OF ROBERT EWBANK AS DIRECTOR OF THE DEPARTMENT OF INFORMATION TECHNOLOGY From Mayor Mitchell D. Roth, dated May 12, 2023, submitting for the Council's review and confirmation. Waived: GOEAC Requires Council Confirmation by: July 15, 2023 (Section 13-8, Hawai`i County Charter) Page 2 Hawaii County Clerk 06/01/2023 08:08:14 AM Hawaii County Council-15 June 7,2023 ORDER OF RESOLUTIONS Res. 164-23: PROPOSES THE ESTABLISHMENT OF A WATER SYSTEM IMPROVEMENT DISTRICT FOR IKI PLACE, KOHANAIKI HOMESTEADS Proposes the development of the "Iki Place Water System Improvements"pursuant to Resolution No. 634-16 and Section 12-10(c) of the Hawaii County Code, with the Net Project Costs of$275,000 to be paid by 18 assessed units within the subdivision. Reference: Comm. 271 Intr. by: Mr. Inaba Approve: FC-53 Res. 177-23: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH THE OFFICE OF THE AUDITOR, STATE OF HAWAII Authorizes the Mayor to enter into a three-year agreement which would allow the County to request an audit of the schedule of changes in fiduciary net positions by employer including related notes to the schedule of the Hawaii Employer-Union Health Benefits Trust Fund and report on census data to meet the reporting requirements under the Governmental Accounting Standards board. Reference: Comm. 292 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-54 Res. 178-23: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO AWARD FUNDS TO `GHANA O KOHANAIKI CULTURAL FOUNDATION Provides grant funds in the amount of$48,000 for roof repairs to the Native Hawaiian Hale at Kohanaiki Beach Park. Reference: Comm. 293 Intr. by: Mr. Inaba(B/R) Approve: LAAC-18 Page 3 Hawaii County Clerk 06/01/2023 08:08:14 AM Hawaii County Council-15 June 7,2023 Res. 179-23: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A SIXTY- FIVE YEAR LEASE WITH THE HOUSING AND LAND ENTERPRISE OF HAWAII COUNTY, DBA: HALE O HAWAII FOR THE PURPOSES OF DEVELOPMENT AND CONSTRUCTION OF A SINGLE-FAMILY HOME ON TAX MAP KEY 2-4-024:157 FOR A PILOT COMMUNITY LAND TRUST PROGRAM AT A SET LEASE AMOUNT OF $10.00 PER YEAR Provides a partnership to finance, construct, and sell an affordable home on state lands, subject to affordability restrictions, to an eligible purchaser for affordable housing and shelter purposes. Reference: Comm. 294 Intr. by: Mr. Inaba(B/R) Approve: LAAC-19 Res. 180-23: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF LOTS C, D, E, F, AND G OF THE SUBDIVISION OF PARCEL 2 OF ROYAL PATENT GRANT NUMBER 1895 TO MOHALA, BEING TAX MAP KEYS: 1-3-004:023, 024, 025, 026, AND 027, SITUATED AT `OPIHIKAO, DISTRICT OF PUNA, COUNTY AND STATE OF HAWAII, FROM JAMES L. KERVER AND MELANY L. KERVER, TRUSTEES UNDER THE UNRECORDED "JAMES L. AND MELANY L. KERVER REVOCABLE TRUST" DATED FEBRUARY 21, 2013 The landowners seek to donate approximately one acre of land to the County for the purpose of unencumbered open space. Reference: Comm. 295 Intr. by: Mr. Inaba(B/R) Approve: LAAC-20 Res. 184-23: 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 AT VARIOUS PARK FACILITIES IN COUNCIL DISTRICT 1 Transfers $13,750 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 308 Intr. by: Ms. Kimball Page 4 Hawaii County Clerk 06/01/2023 08:08:14 AM Hawaii County Council-15 June 7,2023 Res. 185-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO EXPAND THE SIGNAGE AT THE EDITH KANAKA`OLE MULTI-PURPOSE STADIUM TO INCLUDE "HOME OF THE MERRIE MONARCH FESTIVAL" Transfers $970 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Maintenance Other Current Expenses account. Reference: Comm. 309 Intr. by: Ms. Lee Loy Res. 189-23: 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$78 to be used by the department's RSVP Hilo office. Reference: Comm. 313 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 190-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT Transfers $2,500 from the Parks and Recreation Administration Other Current Expenses account; and credits to the Contingency Relief account to return Contingency Relief funds from the Department of Parks and Recreation. Reference: Comm. 314 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 5 Hawaii County Clerk 06/01/2023 08:08:14 AM Hawaii County Council-15 June 7,2023 Res. 191-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE AN ICE MACHINE FOR THE NORTH KOHALA FIRE STATION Transfers $3,267 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Hawaii Fire Department, Auxiliary Services Equipment account. Reference: Comm. 315 Intr. by: Ms. Evans Res. 192-23: 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 ITS RECREATION PROGRAMS IN COUNCIL DISTRICT 7 Transfers $10,150 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Recreation Division—Other Current Expenses account. Reference: Comm. 316 Intr. by: Ms. Villegas BILLS FOR ORDINANCES (FIRST READING) Bill 48: AMENDS THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY AMENDING CHAPTER 2, ARTICLE 2, SECTION 2-7; AMENDING CHAPTER 2 BY CREATING A NEW ARTICLE 49; AND CREATING A NEW CHAPTER 37, RELATING TO SUSTAINABILITY, CLIMATE, EQUITY, AND RESILIENCE Adds a new agency and agency head to coordinate and manage policies and programs to address sustainability, mitigate greenhouse gas emissions, and adapt to the impacts of climate change and other natural and human caused hazards. Reference: Comm. 279 Intr. by: Ms. Kimball and Ms. Villegas Approve: GOEAC-51 Page 6 Hawaii County Clerk 06/01/2023 08:08:14 AM Hawaii County Council-15 June 7,2023 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 41: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE (Draft 2) 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-I Oa) 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 into 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. 210.2 Intr. by: Mr. Inaba(B/R) First Reading: May 17, 2023 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) First Reading: May 17, 2023 REPORTS GOEAC-44 NOMINATION OF JUSTIN ACKERMAN TO THE GAME MANAGEMENT (Comm. 272): ADVISORY COMMISSION Requires Council Confirmation by: June 10, 2023 (Section 134(k), Hawai`i County Charter) Page 7 Hawaii County Clerk 06/01/2023 08:08:14 AM Hawaii County Council-15 June 7,2023 GOEAC-45 NOMINATION OF DAMON NAGATA TO THE YOUTH COMMISSION (Comm. 273): Requires Council Confirmation by: June 10, 2023 (Section 13-4(k), Hawai`i County Charter) GOEAC-46 NOMINATION OF SCOTT TREFETHEN TO THE BOARD OF APPEALS (Comm. 274): Requires Council Confirmation by: June 10, 2023 (Section 13-4(k), Hawai`i County Charter) GOEAC-47 NOMINATION OF LISA MCNAMARRA TO THE BOARD OF APPEALS (Comm. 275): Requires Council Confirmation by: June 11, 2023 (Section 13-4(k), Hawai`i County Charter) GOEAC-48 NOMINATION OF CATHY LEWIS TO THE BOARD OF APPEALS (Comm. 276): Requires Council Confirmation by: June 11, 2023 (Section 13-4(k), Hawai`i County Charter) GOEAC-49 NOMINATION OF JAMES MCCULLY TO THE BANYAN DRIVE HAWAII (Comm. 277): REDEVELOPMENT AGENCY GOEAC-50 NOMINATION OF DENNIS RIORDAN TO THE SALARY COMMISSION (Comm. 299): Requires Council Confirmation by: June 16, 2023 (Section 13-4(k), Hawai`i County Charter) Page 8 Hawaii County Clerk 06/01/2023 08:08:14 AM Hawaii County Council-15 June 7,2023 REFERRALS FOR EXECUTIVE SESSION Comm. 304: ONTAI V. HEELO LLC; COUNTY OF HAWAII, ET AL., CIVIL NO. 3CCV-22-0000282 From Deputy Corporation Counsel Ryan K. Thomas, dated April 27, 2023, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including litigation filed by Phillip Carey and Paul Hamano on behalf of their client Michael Ontai. The Council anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. 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 June 5, 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 9