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Home My WebLink AboutAGE COUNCIL 2023-07-06 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 17th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii July 6, 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,Wednesday, July 5, 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 Wednesday, July 5, 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-17 July 6,2023 INVOCATION Pastor Chris Czarnecki of First United Protestant Church CALL TO ORDER 9:03 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 May 18, 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. ORDER OF RESOLUTIONS Res. 195-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO INTERFAITH COMMUNITIES IN ACTION FOR ITS FUN WALK FUNDRAISER FOR HABITAT FOR HUMANITY HAWAII ISLAND Transfers $1,000 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. 332 Intr. by: Ms. Kagiwada (Vote on Res. 195-23 is on the next page.) Page 2 Hawaii County Council-17 July 6,2023 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. 197-23: URGES CONGRESS TO PRESERVE THE ZONING AND REGULATORY AUTHORITY OF LOCAL GOVERNMENTS OVER TELECOMMUNICATION INFRASTRUCTURE Supports the National Association of Counties' concerns regarding the proposed "American Broadband Deployment Act of 2023,"which could potentially impact state and local zoning authority over the placement, construction, or modification of certain telecommunication infrastructure, the ability to receive compensation for the use of public rights-of-way, and the capacity of local governments to deny telecommunication permits, approvals, and authorizations. Reference: Comm. 334 Intr. by: Ms. Evans 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. 198-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Seeks to establish, through the AmeriCorps Volunteers in Service to America Program, a Community Based Participatory Practice engagement that would empower the community to identify, define, evaluate, and address its most pressing challenges. Reference: Comm. 338 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC (Vote on Res. 198-23 is on the next page.) Page 3 Hawaii County Council-17 July 6,2023 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 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, and March 8, 2023 Public Hearing: February 7, 2023 (recessed to February 24, 2023) Proceedings Ceased: April 5, 2023, pursuant to Section 35-13(b) of the Hawaii County Code (Note: There is a motion by Mr. Chung, seconded by Mr. Inaba, to pass Bill 230, as amended, on first reading.) FAILED: Ayes: None. Noes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Absent: None. Excused: None. Page 4 Hawaii County Council-17 July 6,2023 Bill 52: REPEALS ORDINANCE NO. 98-63, WHICH AMENDED ORDINANCE NO. 95-70, AND REPEALS ORDINANCE NO. 95-70, WHICH AMENDED SECTION 25-86 (NORTH AND SOUTH KONA DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-TWENTY ACRES (A-20a) TO AGRICULTURAL-ONE ACRE (A-la), AGRICULTURAL-THREE ACRES (A-3a), AGRICULTURAL- TWO HUNDRED ACRES (A-200a), AGRICULTURAL-TWO HUNDRED FIFTY-FIVE ACRES (A-255a), AND AGRICULTURAL—EIGHT THOUSAND ACRES (A-8000a) AT KEALAKEKUA, KILOA, WAIPUNAULA, KALAMA KUMU, AND KALAMAKOWALI, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEYS: 8-2-012:001, 012, 014 (POR.), 015, AND 8-2-001:101 (FORMERLY TAX MAP KEYS: 8-2-012:012 AND A PORTION OF 001) (Planning Director Initiated) (Area: Approx. 11,185.708 acres) Due to the lack of quorum, the Leeward Planning Commission forwards its unfavorable recommendation to repeal the change of zoning district clarification for five parcels located approximately 1.2 miles east of the Hawaii Belt Road in the vicinity of Greenwell Mountain Road and extending approximately 8.6 miles further east. The repeal would revert the zoning of these lands back to the Agricultural 20-acres (A-20a) zoning district. Reference: Comm. 326 Intr. by: Mr. Inaba(B/R) Approve: LAAC-23 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. Page 5 Hawaii County Council-17 July 6,2023 ORDER OF THE DAY(SECOND OR FINAL 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 Postponed: March 22, April 19, and May 17, 2023 First Reading: June 21, 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 43: AMENDS CHAPTER 19,ARTICLES 1 AND 8, OF THE HAWAII COUNTY (Draft 3) CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO COMMERCIAL AGRICULTURAL USE DEDICATION FOR REAL PROPERTY TAXES Seeks to implement recommendations of the Real Property Tax Review Working Group and Agricultural Committee's September 2019 Final Report by: amending the definitions for "commercial agricultural activities" and "Commercial agricultural use dedication"; adding four new definitions relating to commercial agricultural uses; amending Section 19-60 of the Hawaii County Code to create a "Long-term commercial agricultural use dedication"; and establishing a new section titled "Short-term commercial agricultural use dedication." Reference: Comm. 217.8 Intr. by: Ms. Kimball and Ms. Galimba Postponed: May 3, 2023 First Reading: June 21, 2023 AMENDED TO DRAFT 4 AND PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 6 Hawaii County Council-17 July 6,2023 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 Postponed: May 17, 2023 First Reading: June 21, 2023 AMENDED TO DRAFT 3 AND POSTPONED TO JULY 19, 2023: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 7 Hawaii County Council-17 July 6,2023 Bill 48: AMENDS THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS (Draft 3) 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. 279.83 Intr. by: Ms. Kimball and Ms. Villegas Postponed: June 7, 2023 First Reading: June 21, 2023 AMENDED TO DRAFT 4 AND PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Villegas —6. Noes: Council Member Evans and Acting Chair Kaneali`i-Kleinfelder—2. Absent: Council Member Inaba— 1. Excused: None. REPORTS GOEAC-52 NOMINATION OF KEITH UNGER TO THE WATER BOARD (Comm. 318): Requires Council Confirmation by: July 15, 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 8 Hawaii County Council-17 July 6,2023 GOEAC-53 NOMINATION OF SAMUEL PLUNKETT, JR., TO THE PUBLIC ACCESS, (Comm. 319): OPEN SPACE, AND NATURAL PRESERVATION COMMISSION Requires Council Confirmation by: July 15, 2023 (Section 134(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-54 NOMINATION OF JEREMY BUTTERFIELD TO THE FIRE BOARD OF (Comm. 327): APPEALS Requires Council Confirmation by: July 15, 2023 (Section 134(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. REFERRALS FOR EXECUTIVE SESSION Comm. 331: NATHAN D. SMITH V. COUNTY OF HAWAII, ET AL., CV. 3CCV-22-0000027 From Deputy Corporation Counsel Ryan K. Thomas, dated June 13, 2023, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including litigation filed by Ian Scott Mattoch and Daniel P. Kirley on behalf of Nathan Smith. (Vote on Comm. 331 is on the next page) Page 9 Hawaii County Council-17 July 6,2023 CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. 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: 1:20 p.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 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/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 July 3, 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