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Home My WebLink AboutAGE COUNCIL 2023-07-26 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 18th Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii July 26, 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 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, July 25, 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, July 25, 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-18 July 26,2023 INVOCATION Pastor Jason Meechan of Kona Faith Center CALL TO ORDER 9:17 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) ORDER OF RESOLUTIONS Res. 196-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LICENSE AGREEMENT OF REAL PROPERTY FOR THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION WITH EDMUND C. OLSON TRUST, OWNER OF TAX MAP KEY: 2-6-008:026 IN HILO, HAWAII Authorizes the Mayor to enter into a 10-year license agreement commencing on August 1, 2023, and ending on July 31, 2033, for a yearly fee of one dollar for the installation of fencing to restrict access of feral pigs and other wild animals. Reference: Comm. 333 Intr. by: Ms. Kimball Approve: LAAC-24 ADOPTED: Ayes: Council Members Galimba, Inaba, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Kagiwada, and Kaneali`i-Kleinfelder—3. Excused: None. Page 2 Hawaii County Council-18 July 26,2023 Res. 199-23: URGES GOVERNOR JOSH GREEN, M.D., TO ISSUE AN EMERGENCY PROCLAMATION TO PROVIDE RELIEF FOR DAMAGES, LOSSES, AND SUFFERING AND TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE PEOPLE AFFECTED BY THE HAZARDOUS CONDITIONS AT THE PROPERTY FORMERLY KNOWN AS UNCLE BILLY'S HILO BAY HOTEL Seeks to expedite the removal of blighted structures that pose a risk to the community based on numerous fires, squatters, illegal activity, and security issues that were reported since its closure in 2017. Reference: Comm. 339 Intr. by: Ms. Lee Loy Approve: GOEAC-56 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Evans and Kagiwada—2. Excused: None. Res. 200-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO SUPPORT THE 37TH ANNUAL BIG ISLAND PRO-AM SURFING TRIALS EVENT Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Other Current Expenses account. Reference: Comm. 356 Intr. by: Ms. Kagiwada AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Evans and Kagiwada—2. Excused: None. Page 3 Hawaii County Council-18 July 26,2023 Res. 205-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 37TH ANNUAL BIG ISLAND PRO-AM SURFING TRIALS Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 366 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Evans and Kagiwada—2. Excused: None. Res. 206-23: APPROVES THE NOMINATION OF MEMBERS TO THE NATIONAL ASSOCIATION OF COUNTIES (NACo) BOARD OF DIRECTORS AND THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS Requests the Council's approval of the following slates of officers: NACo— KipuKai Kuali`i, Kauai County; Tommy Waters, City and County of Honolulu; and Ashley L. Kierkiewicz, Hawaii County; and WIR—Shane Sinenci, Maui County, and Susan L. K. Lee Loy, Hawaii County; for terms beginning on July 1, 2023. Reference: Comm. 368 Intr. by: Ms. Kimball Waived: GOEAC ADOPTED: Ayes: Council Members Galimba, Inaba, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Kagiwada, and Kaneali`i-Kleinfelder—3. Excused: None. Page 4 Hawaii County Council-18 July 26,2023 BILLS FOR ORDINANCES (FIRST READING) Bill 51: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Section 24-256, Schedule 3 by adding Kalaniana`ole Street, James Kealoha Park Access Road to Leleiwi Street to decrease the speed limit from 30 to 25 miles per hour, and removes the same from Section 24-256, Schedule 4. Reference: Comm. 321 Intr. by: Ms. Lee Loy Approve: PCIA-1 PASSED IST READING: Ayes: Council Members Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Evans and Kagiwada—2. Excused: None. Bill 57: AMENDS CHAPTER 19, ARTICLES 1 AND 7, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NONDEDICATED AGRICULTURAL 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" and for Section 19-57 of the Hawaii County Code. Reference: Comm. 369 Intr. by: Ms. Kimball and Ms. Galimba Waived: FC PASSED IST READING: Ayes: Council Members Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Evans and Kagiwada—2. Excused: None. Page 5 Hawaii County Council-18 July 26,2023 Bill 58: AMENDS CHAPTER 19, ARTICLES 1 AND 7, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMUNITY FOOD SUSTAINABILITY 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 adding a new definition for "Community food sustainability use" and establishing a new section titled "Community food sustainability use assessment." Reference: Comm. 370 Intr. by: Ms. Kimball and Ms. Galimba Waived: FC PASSED IST READING: Ayes: Council Members Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Evans and Kagiwada—2. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) Bill 44: AMENDS CHAPTER 19, ARTICLES 1 AND 7, OF THE HAWAII COUNTY (Draft 3) 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. 218.6 Intr. by: Ms. Kimball and Ms. Galimba Postponed: May 17, 2023 First Reading: June 21, 2023 Postponed: July 6, 2023 (Note: There is a motion by Ms. Kimball, seconded by Ms. Galimba, to pass Bill 44, Draft 2, as amended, on second and final reading.) (Vote on Bill 44, Draft 3, is on the next page.) Page 6 Hawaii County Council-18 July 26,2023 POSTPONED TO THE CALL OF THE CHAIR: Ayes: Council Members Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Evans and Kagiwada—2. Excused: None. 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) First Reading: July 6, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Inaba, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Kagiwada, and Kaneali`i-Kleinfelder—3. Excused: None. Page 7 Hawaii County Council-18 July 26,2023 REPORTS GOEAC-55 NOMINATION OF TREY LIVINGSTON TO THE LEEWARD PLANNING (Comm. 335): COMMISSION Requires Council Confirmation by: July 29, 2023 (Section 13-4(k), Hawaii County Charter) FAILED: Ayes: Council Members Galimba, Kierkiewicz, Lee Loy, and Chair Kimball —4. Noes: Council Members Inaba and Villegas —2. Absent: Council Members Evans, Kagiwada, and Kaneali`i-Kleinfelder—3. Excused: None. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 10:40 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 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 24, 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 8