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Home My WebLink AboutAGE COUNCIL 2024-07-10 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 43rd Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii July 10, 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: • 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; • 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, July 9, 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, July 9, 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 Council-43 July 10,2024 INVOCATION Pastor Sheldon Lacsina of New Hope Christian Fellowship ORDER OF BUSINESS CALL TO ORDER 9:02 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 1, 2024 —APPROVED May 15, 2024 —APPROVED ORDER OF RESOLUTIONS Res. 537-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY FOR THE COUNTY OF HAWAII IN KEA`AU, DISTRICT OF PUNA Authorizes the Mayor to enter into a five-year lease agreement with an option to extend for two additional five-year terms with Milo Storage, LLC, for approximately 800 square feet of warehouse space. Reference: Comm. 902 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-168 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Kagiwada, Lee Loy, and Villegas —3. Excused: None. Page 2 Hawaii County Council-43 July 10,2024 Res. 538-24: AUTHORIZES THE ACCEPTANCE OF ALL DONATIONS OF SECURITIES OR PERSONAL PROPERTY TO THE COUNTY OF HAWAII WITHIN THE 2024-2025 FISCAL YEAR THAT ARE NOT COVERED BY THE DEPARTMENT OF FINANCE'S CAPITALIZATION PROCEDURES Provides County Council pre-authorization for the County to accept donations that are not covered by the Finance Department's capitalization procedures for Fiscal Year 2024-2025. Reference: Comm. 903 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-169 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Res. 539-24: REQUESTS THE COUNTY AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO PROMOTE TRANSPARENCY, ACCOUNTABILITY, AND EFFECTIVE RESOURCE UTILIZATION Areas of emphasis for review include organizational alignment with the department's mandated duties and responsibilities, the process for awarding discretionary grant funds and determining the measurable impacts the disbursement of funds has on the community, and if the economic objectives and needs of the County are being properly addressed through workforce development initiatives. Reference: Comm. 908 Intr. by: Ms. Kierkiewicz and Mr. Inaba Approve: GOEAC-143 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Page 3 Hawaii County Council-43 July 10,2024 Res. 543-24: ACCEPTS THE DEDICATION OF KIKAU PLACE AND KUAHIWI PLACE, DESCRIBED AS ROADWAY LOT 369, PACIFIC HEIGHTS SUBDIVISION, INCREMENT IV, IDENTIFIED AS TAX MAP KEY: 2-4-006:091, SITUATED AT KUKUAU 1sT, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM HSC, INC., A HAWAII CORPORATION The landowner seeks to dedicate the roadway and all improvements for public roadway purposes. Reference: Comm. 912 Intr. by: Mr. Inaba(B/R) Approve: LAAC-61 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Res. 544-24: ACCEPTS THE DEDICATION OF ROADWAY "LOT 2," BEING A PORTION OF ROYAL PATENT 4475, LAND COMMISSION AWARD 7713, APANA 5 TO V. KAMAMALU, SITUATED AT KEOPU 3, NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, A PORTION OF TAX MAP KEY: 7-5-007:033, FROM D&L FUJIMOTO, LLC, A HAWAII LIMITED LIABILITY COMPANY The landowner seeks to dedicate the roadway and all improvements for public roadway purposes. Reference: Comm. 913 Intr. by: Mr. Inaba(B/R) Approve: LAAC-62 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Page 4 Hawaii County Council-43 July 10,2024 Res. 553-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FOUR FORD F350 AMBULANCES FROM THE CITY AND COUNTY OF HONOLULU EMERGENCY SERVICES DEPARTMENT The donation, with an estimated value of$80,000, would be used in the Hawaii Fire Department's reserve fleet of ambulances. Reference: Comm. 925 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Res. 554-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT GRANT Allows for the receipt of State funds to the Department of Research and Development to assist adults, dislocated workers, and youth by providing training to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 926 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Page 5 Hawaii County Council-43 July 10,2024 Res. 555-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ANETIK PROTECH SHIRTS TO THE HAWAII FIRE DEPARTMENT The donation from Anetik, with an estimated value of$10,850, would provide sun protection to the department's Ocean Safety personnel while on duty. Reference: Comm. 927 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 104: AMENDS CHAPTER 19, ARTICLE 1, SECTION 19-2; CHAPTER 19, (Draft 6) ARTICLE 7, SECTION 19-53; AND CHAPTER 19, ARTICLE 11, SECTION 19-90, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE CREATION OF A LONG-TERM RENTAL CLASS FOR REAL PROPERTY TAXES Establishes a Long-Term Rental tax assignment classification for properties that are occupied under a lease for at least 12 consecutive months and under a signed lease for six consecutive months or more to the same tenant. Reference: Comm. 600.44 Intr. by: Ms. Kagiwada and Ms. Galimba Approve: FC-170 POSTPONED TO JULY 24, 2024: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: Council Member Inaba— 1. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Page 6 Hawaii County Council-43 July 10,2024 Bill 166: AMENDS SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP), (Draft 2) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—20 ACRES (A-20a) TO FAMILY AGRICULTURAL—5 ACRES (FA-5a) AT NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-024:003 (Applicant: Ryan Leese) (Area: 21.942 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into four lots. The property is located on the southwest corner of the Kaloko Drive/Ha6 Street intersection in the Kaloko Mauka Subdivision. Reference: Comm. 885.9 Intr. by: Mr. Inaba(B/R) Negative: LAAC-63 (Due to a vote of 4-ayes, 5-noes) PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: Council Members Kagiwada and Villegas —2. Absent: Council Member Lee Loy — 1. Excused: None. (Note: Mr. Inaba voted "kanalua"then "aye.") Page 7 Hawaii County Council-43 July 10,2024 Bill 169: AMENDS ORDINANCE NO. 02-131, WHICH AMENDED ORDINANCE (Draft 2) NOS. 97-99, 94-34, 93-26, 91-96, 90-62, 88-4, 84-42, AND 84-23, WHICH RECLASSIFIED CERTAIN LANDS FROM UNPLANNED (U) TO MULTIPLE-FAMILY RESIDENTIAL—5,000 SQUARE FEET (RM-5) AND SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT HOLUALOA 1 AND 2, NORTH KONA, HAWAII, COVERED BY TAX MAP KEYS: 7-6-021:004, 009-013, AND 015-017 (Applicant: Kona Three, LLC) (Area: approx. 175 acres) The Leeward Planning Commission forwards its unfavorable recommendation for the applicant's request for a 10-year time extension to Condition I(Complete Construction of the First Increment on RM Zoned Lands) and amendment to clarify Condition N (Roadway Standards), which would apply only to Tax Map Key Nos. 7-6-021:016 and 017, consisting of a total land area of 67.162 acres. The subject properties are located along the east(mauka) side of the Queen Ka`ahumanu Highway at its junction with Kuakini Highway, between Pualani Estates subdivision to the north and Kona Vistas to the south. Reference: Comm. 896.5 Intr. by: Mr. Inaba(B/R) Negative: LAAC-64 (Due to a vote of 4-ayes, 5-noes) AMENDED TO DRAFT 3 AND POSTPONED TO AUGUST 21, 2024: 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 173: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY VALUATION; CONSIDERATIONS IN FIXING Lowers the cap on annual increases to the assessed value for properties in the Homeowner and Affordable Rental Housing tax classifications from three percent to two and a half percent. Reference: Comm. 904 Intr. by: Ms. Evans Negative: FC-171 (Due to a vote of 3-ayes, 4-noes, 2-absent) (Vote on Bill 173 is on the next page) Page 8 Hawaii County Council-43 July 10,2024 POSTPONED TO THE CALL OF THE CHAIR: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Bill 178: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Appropriates revenues in the Federal Grants —Workforce Innovation and Opportunity Act account($1,697,603); and appropriates the same to the following 2023-24 Workforce Innovation and Opportunity Act accounts: Administration Planning ($169,760), Adult Program ($698,272), Dislocated Worker Program ($254,277), and Youth Program ($575,294). Funds would be used to assist adults, dislocated workers, and youth by providing training to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 926 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) Bill 140: AMENDS CHAPTER 20 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SOLID WASTE FACILITIES Requires that all solid waste facilities used for the disposal, collection, and transfer of household waste be operated and open to the public at least two days per week. Reference: Comm. 764 Intr. by: Ms. Kierkiewicz First Reading: June 19, 2024 (Vote on Bill 140 is on the next page) Page 9 Hawaii County Council-43 July 10,2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: Council Member Galimba— 1. Absent: Council Members Lee Loy and Villegas —2. Excused: None. (Note: Mr. Kaneali`i-Kleinfelder voted "kanalua"then "aye.") Bill 167: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-284, SCHEDULE 32 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TWO-HOUR PARKING AREAS Restricts parking in marked stalls along Highway 240 between Kika Street and Ohelo Street in the Hamakua District to two hours, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Saturday, excluding any observed holiday. Reference: Comm. 892 Intr. by: Ms. Lee Loy (B/R) First Reading: June 19, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Page 10 Hawaii County Council-43 July 10,2024 Bill 168: INITIATES AN AMENDMENT TO ARTICLE V, CHAPTER 2, OF THE CHARTER OF THE COUNTY OF HAWAII(2022 EDITION), RELATING TO THE COST OF GOVERNMENT COMMISSION Proposes increasing the terms of members from 11 months to 22 months, expanding the deadline by which the commission submits its findings and recommendations from 11 months to 20 months after appointment, and that commission members would begin their terms 18 months after the beginning of the term of the mayor instead of one year after the beginning of the term of the mayor. Reference: Comm. 893 Intr. by: Ms. Kagiwada and Ms. Evans First Reading: June 5, 2024 Second Reading: June 19, 2024 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai`i County Charter PASSED 3RD AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 4:59 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. Page 11 Hawaii County Council-43 July 10,2024 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 8, 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 12