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Home My WebLink AboutAGE COUNCIL 2023-09-06 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 21" Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii September 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, Tuesday, September 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 Tuesday, September 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-21 September 6,2023 INVOCATION Pastor Eric Anderson of Church of the Holy Cross CALL TO ORDER 9:01 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 July 6, 2023 July 26, 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-21 September 6,2023 ORDER OF RESOLUTIONS Res. 219-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH, PURSUANT TO HAWAII REVISED STATUTES 46-7, FOR A GRANT TO THE HAWAII COUNTY DEPARTMENT OF RESEARCH AND DEVELOPMENT Allows for the receipt of$49,942, which would be used to identify partnerships, project funding, and other available resources to establish and implement a Food Access Plan. Reference: Comm. 390 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-66 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. 220-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO ALA KAHAKAI TRAIL ASSOCIATION Approves a grant of$160,000 to Ala Kahakai Trail Association, a 501(c)(3) nonprofit organization, to establish a Kaunamano Community Resource Management Plan to ensure the conservation,preservation, and protection of Kaunamano Property in Ka`u(Tax Map Keys: 9-5-011:001, 004, 005, 006 and 9-5-012:001), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 391 Intr. by: Ms. Galimba Approve: LAAC-28 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: Council Member Galimba— 1. Page 3 Hawaii County Council-21 September 6,2023 Res. 221-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO ALA KAHAKAI TRAIL ASSOCIATION Approves a grant of$87,000 to Ala Kahakai Trail Association, a 501(c)(3) nonprofit organization, for its Waikapuna-Kaunamano Heritage Preserve Ranger Program for the maintenance, protection, and preservation of the Waikapuna and Kaunamano Properties in Ka`u(Tax Map Keys: 9-5-007:016, 9-5-011:001, 004, 005, 006 and 9-5-012:001), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 392 Intr. by: Ms. Galimba Approve: LAAC-29 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: Council Member Galimba— 1. Res. 223-23: STRONGLY URGES IMMEDIATE ACTION BY THE HAWAII STATE LEGISLATURE, DEPARTMENT OF COMMERCE & CONSUMER AFFAIRS, AND HAWAII PROPERTY INSURANCE ASSOCIATION TO ADDRESS INSURANCE ACCESSIBILITY ON HAWAII ISLAND, PARTICULARLY IN LAVA ZONES 1 AND 2 Seeks to expand coverage to include commercial businesses, implement subsidies or financial assistance programs to mitigate the financial burden for residents in Lava Zones 1 and 2, and explore the creation of a risk pooling mechanism. Reference: Comm. 397 Intr. by: Ms. Kierkiewicz Approve: GOEAC-72 AMENDED TO DRAFT 2 AND 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 4 Hawaii County Council-21 September 6,2023 Res. 225-23: 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 FRIENDS OF FIRST RESPONDERS TO ASSIST WITH EXPENSES FOR APPRECIATION WEEKS IN 2024 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 403 Intr. by: Mr. Inaba 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. 226-23: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR EXPENSES RELATED TO THE 37TH ANNUAL BIG ISLAND PRO-AM SURFING TRIALS Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 404 Intr. by: Ms. Lee Loy 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-21 September 6,2023 Res. 227-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE 9TH ANNUAL HAWAII ISLAND ALL NATIONS POWWOW Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 405 Intr. by: Ms. Kierkiewicz 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. 228-23: 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 WAIMEA COMMUNITY ASSOCIATION TO SUPPORT THE 2023 WAIMEA CHRISTMAS TWILIGHT PARADE Transfers $7,900 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 406 Intr. by: Ms. Evans AMENDED TO DRAFT 2 AND 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-21 September 6,2023 Res. 229-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KONA AQUATICS CLUB, INC., TO REPLACE SHADE CANOPIES AT THE KONA COMMUNITY AQUATIC CENTER Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 407 Intr. by: Mr. Inaba 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. 230-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE 2023 HAWAII ISLAND ALL NATIONS POWWOW Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 408 Intr. by: Mr. Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Page 7 Hawaii County Council-21 September 6,2023 Res. 231-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE POLICE DEPARTMENT WITH EXPENSES RELATING TO THE 67TH ANNUAL HAWAII STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE Transfers $2,575 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 411 Intr. by: Mr. Inaba 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. 232-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF FIRST RESPONDERS FOR ITS GRIN CRISIS INTERVENTION TRAINING IN WEST HAWAII Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 412 Intr. by: Mr. Kaneali`i-Kleinfelder 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 8 Hawaii County Council-21 September 6,2023 Res. 233-23: 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 BIG ISLAND LIONS FOUNDATION TO SUPPORT THE 2023 DOWNTOWN HILO CHRISTMAS LIGHTS PARADE Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 413 Intr. by: Ms. Kimball 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. 238-23: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $5,000 TO THE ANIMAL CONTROL AND PROTECTION AGENCY The donation from Alexander and Baldwin LLC would be used to purchase capacity-building equipment and supplies to provide services island-wide. Reference: Comm. 420 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 9 Hawaii County Council-21 September 6,2023 Res. 239-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF FIRST RESPONDERS FOR THE FAMILY FIRST COUPLES RETREAT FOR FIRST RESPONDERS Transfers $8,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Hawaii Fire Department, Fire Operations Other Current Expenses account. Reference: Comm. 423 Intr. by: Ms. Kierkiewicz 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 49: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE (Draft 3) HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO VACANCY IN OFFICE Adds an exception to the process of filling vacancies on the County Council by providing that a vacant County Council district seat shall be filled by the person elected to serve the upcoming Council term, if that vacancy occurs or exists after the incoming Council Member was elected. Reference: Comm. 305.18 Intr. by: Ms. Evans Approve: GOEAC-73 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter POSTPONED TO SEPTEMBER 20, 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. Page 10 Hawaii County Council-21 September 6,2023 Bill 61: AMENDS SECTION 25-8-19 (NORTH HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT `O`OKALA, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY: 3-9-001:024 (Applicant: Dennis Schmitz) (Area: 20.027 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to request the subdivision of the property into four lots, each approximately five acres in size. The property is located north(makai) of Old Mamalahoa Highway approximately 270 feet east of its intersection with Milo Street. Reference: Comm. 388 Intr. by: Mr. Inaba(B/R) Approve: LAAC-30 POSTPONED TO SEPTEMBER 20, 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. Bill 62: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the State Grants —Food Access Plan Resource Coordination Grant account($49,942); and appropriates the same to the Food Access Plan Resource Coordination Grant account, which would be used to identify partnerships, project funding, and other available resources to establish and implement a Food Access Plan. Reference: Comm. 390 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-67 (Vote on Bill 62 is on the next page) Page 11 Hawaii County Council-21 September 6,2023 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. Bill 65: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Animal Control Private Contributions account ($10,000); and appropriates the same to the Animal Control Private Contributions account, which would be used to purchase capacity-building equipment and supplies to provide services island-wide. Reference: Comm. 420 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC 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 59: AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-71, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO HOME EXEMPTIONS Amends subsection (d) by adding an age range of 75 years of age or over but not 80 years of age or over for a$110,000 exemption and adding an exemption of $125,000 for taxpayers 80 years of age or over. Reference: Comm. 371 Intr. by: Ms. Evans First Reading: August 16, 2023 (Vote on Bill 59 is on the next page) Page 12 Hawaii County Council-21 September 6,2023 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 60: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Federal Grants —Climate Pollution Reduction Grant account($350,000); and appropriates the same to the Climate Pollution Reduction Grant account to develop a Priority Climate Action Plan and a Comprehensive Climate Action Plan in coordination with the State Climate Change Mitigation and Adaptation Commission. Reference: Comm. 381 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: August 16, 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. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 11:19 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 Page 13 Hawaii County Council-21 September 6,2023 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 September 1, 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