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Home My WebLink AboutAGE COUNCIL 2024-08-21 2022-2024 Hawaii County Clerk 08/15/2024 08:09:14 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 46th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii August 21, 2024 11:00 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; • Lily Yoshimatsu Senior Center, 67-1199 Mamalahoa Highway,Waimea; and • Ocean View Community Association, 92-8924 Leilani Circle. 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, August 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,August 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 08/15/2024 08:09:14 AM Hawaii County Council-46 August 21,2024 INVOCATION Pastor Scott Ast of Grace Kona Church ORDER OF BUSINESS 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 CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES June 5, 2024 June 19, 2024 ORDER OF RESOLUTIONS Res. 562-24: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR (Draft 2) AGREEMENT WITH HAWAII ISLAND EV, LLC, TO REPLACE HAWAII COUNTY SHARED-USE ELECTRIC VEHICLES Authorizes the Mayor to enter into a ten-year lease agreement with an approximate monthly cost of$7,200, to replace the County's disposed shared-use electric vehicle fleet with seven new electric vehicles. Reference: Comm. 943.11 Intr. by: Mr. Kaneali`i-KI einfelder(B/R) Approve: FC-180 Page 2 Hawaii County Clerk 08/15/2024 08:09:14 AM Hawaii County Council-46 August 21,2024 Res. 573-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII AIRPORT RESCUE FIREFIGHTING UNIT (ARFF) PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR MUTUAL ASSISTANCE WITH THE HAWAII FIRE DEPARTMENT IN A FIRE EMERGENCY Seeks to enter into a Memorandum of Agreement to facilitate joint recruit classes between the Hawaii Fire Department and State Airport Rescue Firefighters and clarify their roles regarding firefighter recruit training. Reference: Comm. 961 Intr. by: Ms. Evans (B/R) Approve: GOEAC-148 Res. 574-24: 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$2,100,000 in federally-derived funds, which would be used by the Department of Research and Development to assist adults, dislocated workers, and youths by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 963 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-181 Res. 578-24: 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 FRIENDS OF FIRST RESPONDERS TO ASSIST WITH EXPENSES FOR THE ROBUST CONFERENCE 2024 Transfers $4,000 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 969 Intr. by: Mr. Inaba Page 3 Hawaii County Clerk 08/15/2024 08:09:14 AM Hawaii County Council-46 August 21,2024 Res. 579-24: 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 KEAUKAHA SCHOOL FOUNDATION FOR KEAUKAHA ELEMENTARY SCHOOL'S PRESCHOOL ACTIVITIES IN THE 2024-2025 SCHOOL YEAR Transfers $3,595 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 970 Intr. by: Ms. Lee Loy Res. 580-24: 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 NORTH KOHALA COMMUNITY RESOURCE CENTER FOR EXPENSES RELATING TO THE MAINTENANCE AND REPAIR OF EQUIPMENT FOR KOHALA RADIO Transfers $4,200 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 971 Intr. by: Ms. Evans Res. 581-24: 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 ZONTA CLUB OF HILO FOUNDATION TO ASSIST WITH EXPENSES RELATING TO ITS "AMELIA EARHART GIRLS IN ENGINEERING DAY"EVENT Transfers $2,500 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 972 Intr. by: Ms. Kierkiewicz Page 4 Hawaii County Clerk 08/15/2024 08:09:14 AM Hawaii County Council-46 August 21,2024 Res. 582-24: 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 FRIENDS OF FIRST RESPONDERS FOR EXPENSES RELATING TO THE ROBUST CONFERENCE 2024 FOR FIRST RESPONDERS AND THEIR FAMILIES Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 5); and credits to the Police Department, Training account. Reference: Comm. 973 Intr. by: Mr. Kaneali`i-Kleinfelder and Comm. 973.1: From Council Member Kaneali`i-Kleinfelder, dated August 8, 2024, transmitting proposed amendments to Res. 582-24. Res. 587-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE AUTOMATIC POSTAGE MACHINE FOR THE POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$162, to be used by the department's Hilo office. Reference: Comm. 982 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 588-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTIFUNCTION PRINTER FOR THE POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$162, to be used by the Chief's office staff in Hilo. Reference: Comm. 983 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 5 Hawaii County Clerk 08/15/2024 08:09:14 AM Hawaii County Council-46 August 21,2024 Res. 589-24: 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 LO`I COLLECTIVE FOUNDATION FOR EXPENSES RELATING TO ITS ANNUAL KANU VOLLEYBALL CLASSIC AT THE WAIMEA DISTRICT PARK Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 986 Intr. by: Ms. Evans Res. 590-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO USA VOLLEYBALL, INC., FOR EXPENSES RELATING TO THE LABOR DAY CLASSIC VOLLEYBALL TOURNAMENT Transfers $4,000 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 987 Intr. by: Ms. Lee Loy BILLS FOR ORDINANCES (FIRST READING) Bill 123: AMENDS CHAPTER 19, ARTICLE 1 AND ARTICLE 13, CHAPTER 23, (Draft 4) ARTICLE 9, AND CHAPTER 2, ARTICLE 1, ARTICLE 2, ARTICLE 5, AND ARTICLE 6, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO OHANA DWELLING UNITS Removes each instance of the term "ohana dwelling" from the County Code and inserts the term "accessory dwelling unit", and adds provisions for the establishment of an accessory dwelling unit. Reference: Comm. 677.30 Intr. by: Ms. Kimball and Ms. Kierkiewicz Approve: PCPLUD-12 Page 6 Hawaii County Clerk 08/15/2024 08:09:14 AM Hawaii County Council-46 August 21,2024 Bill 144: AMENDS CHAPTER 14 AND CHAPTER 25 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO APIARIES AND BEEKEEPING Establishes generally accepted apiary management practices and adds apiaries as permitted uses in seventeen zoning district classifications, including all Residential and Agricultural zoning districts, the Resort-Hotel district, all Commercial districts, all Industrial districts, the Open district, and the Downtown Hilo Commercial District, to promote beekeeping. Reference: Comm. 786 Intr. by: Ms. Kierkiewicz Approve: PCHSW-15 Bill 169: AMENDS ORDINANCE NO. 02-131, WHICH AMENDED ORDINANCE (Draft 3) 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. 896.148 Intr. by: Mr. Inaba(B/R) Negative: LAAC-64 (Due to a vote of 4-ayes, 5-noes) Postponed: July 10, 2024 (Note: There is a motion by Mr. Inaba, seconded by Ms. Kierkiewicz, to pass Bill 169,Draft 2, as amended, on first reading.) (Comms. 896.149-896.150 continue on the next page.) Page 7 Hawaii County Clerk 08/15/2024 08:09:14 AM Hawaii County Council-46 August 21,2024 ; and Comm. 896.149: From Deputy Planning Director Jeffrey W. Darrow, dated August 5, 2024, transmitting comments from the Kona Soil and Water Conservation District. ; and Comm. 896.150: From Council Member Villegas, dated August 5, 2024, transmitting a request to conduct a limited meeting pursuant to Section 92-3.1 of the Hawaii Revised Statutes. Bill 185: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288.1, SCHEDULE 36.1 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ACTIVE LOADING AND UNLOADING ZONES Adds a portion of Akoni Pule Highway approximate to Holy Bakery Road, to designate an area for distribution of consumer goods to patrons and neighboring businesses. Reference: Comm. 945 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-10 Bill 186: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, SCHEDULE 28 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NO PARKING AT ANYTIME Prohibits parking alongside two portions of Kalapana-Kapoho Beach Road from (1) a point 320 feet southwest of Pohoiki Road and extending 165 feet in the southwesterly direction; and (2) 693 feet southwest of Pohoiki Road and extending 241 feet in the southwesterly direction. Reference: Comm. 962 Intr. by: Ms. Kierkiewicz Approve: PCIA-11 Page 8 Hawaii County Clerk 08/15/2024 08:09:14 AM Hawaii County Council-46 August 21,2024 Bill 187: 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& Opportunity Act(WIOA) account($2,100,000); and appropriates the same to the following 2024-2025 WIOA accounts: Administration/Planning ($200,000); Adult Program ($800,000); Dislocated Worker Program ($350,000); and Youth Program ($750,000). Funds would be used by the Department of Research and Development to assist adults, dislocated workers, and youths by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 963 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-182 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 174: 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 Allows residential properties rented for six months or more to be eligible for the Homeowner tax classification and replaces the term "husband and wife"with "married persons". Reference: Comm. 905.12 Intr. by: Ms. Kagiwada and Ms. Galimba First Reading: August 7, 2024 Bill 179: AMENDS CHAPTER 16, ARTICLE 3, SECTION 16-5, OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEES Seeks to amend subsection (a) by requiring all members to have a"principal" residence instead of"primary"residence, in accordance with Chapter 19, Subsection 19-71(e)(2) of the Code, in the area covered by the Community Development Plan. Reference: Comm. 929.2 Intr. by: Mr. Inaba First Reading: August 7, 2024 Page 9 Hawaii County Clerk 08/15/2024 08:09:14 AM Hawaii County Council-46 August 21,2024 Bill 180: AMENDS ORDINANCE NO. 24-33, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2024, TO JUNE 30, 2025 Adds the Police Department Hawaii County Morgue project($1.5 million)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources. Reference: Comm. 930 Intr. by: Mr. Kaneali`i-Kleinfelder First Reading: August 7, 2024 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Bill 182: AMENDS CHAPTER 24, ARTICLE 4, SECTION 24-17 AND SECTION 24-19, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AN EXEMPTION FROM CERTAIN MOTOR VEHICLE TAXES AND FEES FOR VEHICLES USED BY POLICE OFFICERS IN THEIR OFFICIAL DUTIES Seeks to exempt motor vehicles owned or leased for twelve months or longer by the County and County-subsidized motor vehicles from motor vehicle taxes and certain vehicle registration fees. Reference: Comm. 940 Intr. by: Ms. Kimball First Reading: August 7, 2024 Page 10 Hawaii County Clerk 08/15/2024 08:09:14 AM Hawaii County Council-46 August 21,2024 Bill 183: REPEALS ORDINANCE NO. 12-132, WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO MULTIPLE-FAMILY RESIDENTIAL— 3,000 SQUARE FEET (RM-3) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-038:017 (Planning Director Initiated) (Area: Approx. 0.9793 acres) The Windward Planning Commission forwards its favorable recommendation to revert the zoning from Multiple-Family Residential to its original designation of Single-Family Residential at the request of the owner. The property is located at 1623 Kino`ole Street. Reference: Comm. 942 Intr. by: Mr. Inaba(B/R) First Reading: August 7, 2024 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS 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/TJCJNalwg40oK7a-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 August 19, 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. Page 11 Hawaii County Clerk 08/15/2024 08:09:14 AM Hawaii County Council-46 August 21,2024 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