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Home My WebLink AboutAGE COUNCIL 2024-02-21 2022-2024 Hawaii County Clerk 02/15/2024 10:29:21 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 32,d Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii February 21, 2024 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; • Pahoa Council Office, 15-2879 Pahoa Village Road; and • Lily Yoshimatsu Senior Center, 67-1199 Mamalahoa Highway,Waimea. 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, February 20,2024. 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,February 20,2024,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 02/15/2024 10:29:21 AM Hawaii County Council-32 February 21,2024 INVOCATION Pastor Jason Meechan of Kona Faith Center 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 December 20, 2023 ORDER OF RESOLUTIONS Res. 417-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR FOUR WALKING FLOOR TRAILERS AND FOUR COMPACTING TRAILERS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$17,200 for the walking trailers and $18,800 for the compacting trailers, to be used by the Solid Waste Division. Reference: Comm. 699 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-135 Page 2 Hawaii County Clerk 02/15/2024 10:29:21 AM Hawaii County Council-32 February 21,2024 Res. 418-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR TWO TRAILER MOUNTED PUMPS AND ONE PORTABLE PUMP FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into five-year lease agreements with an approximate monthly cost of$3,780 for the two trailer mounted portable pumps and $4,300 for the portable pump, to be used by the Wastewater Division. Reference: Comm. 700 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-136 Res. 419-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO GRAPPLE TRUCKS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$11,000, to be used by the Solid Waste Division. Reference: Comm. 701 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-137 Res. 420-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR TWO BACKHOES, TWO WHEELED LOADERS, SIX ROLL-OFF TRUCKS, AND SEVEN TRUCK TRACTORS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into five-year lease agreements with an approximate monthly cost of$6,800 for the two backhoes, $23,700 for the two wheeled loaders, $32,400 for the six roll-off trucks, and $36,400 for the seven truck tractors, to be used by the Solid Waste Division. Reference: Comm. 702 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-138 Page 3 Hawaii County Clerk 02/15/2024 10:29:21 AM Hawaii County Council-32 February 21,2024 Res. 421-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT Allows for the receipt of$400,000 of state-derived funds to support the assessment, design, and feasibility of low-income affordable housing in a portion of Kukuiola Village 9 in North Kona. Reference: Comm. 703 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-139 Res. 427-24: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 OF THE HAWAII REVISED STATUTES, FOR THE KUAKINI HEIGHTS AFFORDABLE HOUSING PROJECT IN KAILUA-KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-003:007 (Area: 10.529 acres) Kuakini Heights Housing Partners LP seeks exemptions from Hawaii County Code provisions for setback requirements, grading permit fees, building permit fees, and loading zone stall height requirements and exemptions from conditions within change of zone district Ordinance No. 06-152 relating to Final Subdivision Approval, time constraints on completion of construction, the development of a Salvation Army Complex, fair share contributions, and impact fees. Reference: Comm. 698 Intr. by: Mr. Inaba(B/R) Approve: LAAC-51 Res. 428-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HAWAII STATE ENERGY OFFICE Seeks to pursue a coalition application to the United States Environmental Protection Agency Climate Pollution Reduction Implementation Grant program to access federal funding. Reference: Comm. 710 Intr. by: Ms. Evans (B/R) Approve: GOEAC-106 Page 4 Hawaii County Clerk 02/15/2024 10:29:21 AM Hawaii County Council-32 February 21,2024 Res. 429-24: AUTHORIZES THE MAYOR TO ENTER INTO AGREEMENTS WITH HAWAII HEALTH SYSTEMS CORPORATION EAST HAWAII REGION, HILO MEDICAL CENTER Seeks to allow Hilo Medical Center to properly dispose of infectious waste supplied by various County agencies. Reference: Comm. 711 Intr. by: Ms. Evans (B/R) Approve: GOEAC-107 Res. 430-24: URGES THE HAWAII STATE LEGISLATURE TO AMEND CHAPTER 142, HAWAII REVISED STATUTES, TO PROVIDE FOR GREATER PUBLIC SAFETY AGAINST THE RISK OF DAMAGE, INJURY, AND DEATH POSED BY DANGEROUS DOGS BY INCREASING ENFORCEMENT AND PENALTIES AGAINST OWNERS OF SUCH DOGS Requests the State Legislature to align State law with County law to provide clarity for County enforcement efforts, with an emphasis on requirements and penalties for dog owners that allow their dogs to injure or kill other animals or people. Reference: Comm. 712 Intr. by: Ms. Kagiwada Approve: GOEAC-108 Res. 432-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LA`I`OPUA 2020 FOR EXPENSES RELATING TO ITS YOUTH CULINARY PROGRAM Transfers $4,400 from the Clerk-Council Services—Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 722 Intr. by: Ms. Villegas Page 5 Hawaii County Clerk 02/15/2024 10:29:21 AM Hawaii County Council-32 February 21,2024 Res. 433-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2024 OUTSTANDING OLDER AMERICANS MONTH AWARD LUNCHEON Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 723 Intr. by: Ms. Lee Loy Res. 434-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA LA`I A `EHU TO ASSIST WITH EXPENSES RELATED TO THE LA `EHUNUI 2024 EVENT IN WEST HAWAII Transfers $7,700 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 724 Intr. by: Mr. Inaba Res. 435-24: 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 ARC OF HILO FOR THE 3RD ANNUAL KING KAMEHAMEHA'S AWESOME ATHLETES INCLUSIVE CANOE RACE Transfers $3,600 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. 725 Intr. by: Ms. Kagiwada Page 6 Hawaii County Clerk 02/15/2024 10:29:21 AM Hawaii County Council-32 February 21,2024 BILLS FOR ORDINANCES (FIRST READING) Bill 120: AMENDS CHAPTER 19 OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE RELATING TO A REAL PROPERTY TAX STABILIZATION PROGRAM Establishes a fixed-rate property tax stabilization program for property owners who are at least 85 years old that utilize the property as their principal residence, and the property has a net taxable real property value of less than $2 million. Reference: Comm. 674.3 Intr. by: Ms. Evans Negative: FC-140 (Due to a vote of 3-ayes, 4-noes, 2-absent) Bill 128: AMENDS CHAPTER 11, ARTICLE 1, SECTION 11-15, OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TRANSFER OF EXCESS AFFORDABLE HOUSING CREDITS Requires developers of affordable housing projects to obtain approval from the Housing Administrator prior to initiating the transfer of excess affordable housing credits and that the Housing Administrator validate any such transfer upon its completion. Reference: Comm. 695.2 Intr. by: Mr. Inaba and Ms. Kimball Approve: PCPLUD-8 Bill 129: 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—Transit-Oriented Development Capital Improvement Projects for Kukuiola Village 9 account($400,000); and appropriates the same to Transit-Oriented Development Capital Improvement Projects for Kukuiola Village 9 account. Funds would be used to support the assessment, design, and feasibility of low-income affordable housing in a portion of Kukuiola Village 9 in North Kona. Reference: Comm. 703 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-141 Page 7 Hawaii County Clerk 02/15/2024 10:29:21 AM Hawaii County Council-32 February 21,2024 Bill 130: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279, SCHEDULE 27 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED AT ALL TIMES Adds parking restrictions for two segments of Kilohana Street that intersect with Ailina Street and Sunset Drive. Reference: Comm. 704 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-6 Bill 131: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC (Draft 2) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Public Works Puna Alternate Routes Study—County Project ($1,000,000); and the Puna Alternate Routes Study— State Project($1,000,000)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources ($1,000,000) and State Grants Receivable ($1,000,000), to identify alternate routes to relieve traffic congestion and increase evacuation capacity, if needed. Reference: Comm. 715.2 Intr. by: Ms. Kierkiewicz Approve: FC-142 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Bill 133: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Increases revenues in the Federal Grants—Civil Defense Emergency Management Performance Grant account($118,750); and appropriates the same to Civil Defense Emergency Management Performance Grant account, for a total appropriation of $343,750. These additional funds would be used to update the Multi-Hazard Mitigation Plan and purchase Adobe software licenses. Reference: Comm. 730 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 8 Hawaii County Clerk 02/15/2024 10:29:21 AM Hawaii County Council-32 February 21,2024 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 109: INITIATES AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE (Draft 3) HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS Proposes to revise the County Charter to require the Mayor to appoint department heads within 30 days of taking office and within 60 days of any vacancy occurring during the Mayor's term of office, and further that the department head, with the exception of the Managing Director, shall not take office until confirmed by the County Council. Reference: Comm. 627.17 Intr. by: Mr. Inaba and Ms. Villegas First Reading: January 10, 2024 Second Reading: January 24, 2024 Postponed: February 7, 2024 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai`i County Charter (Note: There is a motion by Mr. Inaba, seconded by Ms.Villegas,to pass Bill 109,Draft 3, on third and final reading; and a subsidiary motion by Mr. Inaba, seconded by Ms. Kagiwada, to amend Bill 109, Draft 3,with the contents of Comm. 627.18.) ; and Comm. 627.18: From Council Member Holeka Goro Inaba and Council Member Rebecca Villegas, dated February 7, 2024, transmitting proposed amendments to Bill 109, Draft 3. Bill 124: AMENDS CHAPTER 5B, ARTICLE 2, SECTION 5B-2-1(D), OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO WIND DESIGN CRITERIA FOR RESIDENTIAL BUILDINGS Establishes provisions specific to single-story, slab-on-grade residential buildings. Reference: Comm. 678 Intr. by: Ms. Kimball First Reading: February 7, 2024 Page 9 Hawaii County Clerk 02/15/2024 10:29:21 AM Hawaii County Council-32 February 21,2024 REPORTS GOEAC-104 NOMINATION OF RACHEL ABLE TO THE BOARD OF APPEALS (Comm. 696): Requires Council Confirmation by: March 3, 2024 (Section 13-4(k), Hawai`i County Charter) GOEAC-105 NOMINATION OF JACOB TAVARES TO THE POLICE COMMISSION (Comm. 697): Requires Council Confirmation by: March 3, 2024 (Section 13-4(k), Hawai`i County Charter) REFERRALS FOR EXECUTIVE SESSION Res. 440-24: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, BOARD OF ETHICS IN PETITION NO. 2023-10 Provides for the retention of legal services by the County of Maui Office of the Corporation Counsel, with total costs not to exceed $1,500. Reference: Comm. 731 Intr. by: Ms. Evans (B/R) Waived: GOEAC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter 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 Page 10 Hawaii County Clerk 02/15/2024 10:29:21 AM Hawaii County Council-32 February 21,2024 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/IJCJNalwg4OoK7a-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 February 16, 2024. 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