Hawaii County Council Met Aug. 4.
Here is the agenda provided by the council:
INVOCATION Pastor John Endriss of Engage Church Hilo
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
(NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR)
APPROVAL OF MINUTES
COMMUNICATIONS
Comm. 341: REQUESTS APPROVAL OF A DONATION OF 35 CASES OF BOTTLED WATER AND 125 REUSABLE BOTTLES
From Finance Director Deanna Sako, dated July 16, 2021. The donation from the Waiakea Springs Company, valued at approximately $1,600, would be used for the annual Richardson’s Roughwater Swim Event.
Waived: FC
ORDER OF RESOLUTIONS
Res. 142-21: (Draft 2)
AUTHORIZES THE FORMATION OF A WORKING GROUP TO DEVELOP A CONDITION ASSESSMENT OF COUNTY ASSETS AND TO URGE THE ADMINISTRATION TO UTILIZE THIS ASSESSMENT TO TRANSFORM THE DEVELOPMENT AND REPORTING OF THE CAPITAL BUDGET AND CAPITAL PROGRAM AS OUTLINED IN ARTICLE X, SECTION 10-6, OF THE HAWAI‘I COUNTY CHARTER
Council Members Ashley Kierkiewicz and Susan Lee Loy would Co-Chair the Working Group, which would include representatives from the Department of Finance, Planning Department, Department of Public Works, Office of the Corporation Counsel, and the Office of the Mayor.
Reference: Comm. 280.3
Intr. by: Ms. Lee Loy and Ms. Kierkiewicz
Approve: FC-53
Res. 161-21: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR CONSERVATION EASEMENTS FOR ALL OR A PORTION OF THE PROPERTIES IDENTIFIED AS TAX MAP KEYS 9-4-001:008, 009, 016, 017, AND 023, SITUATED IN THE AHUPUAʻA OF KIOLAKAʻA AND WAIʻOMAʻO, DISTRICT OF KAʻŪ, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND
The County seeks to acquire the properties in whole or conservation easements to protect cultural and natural resources and important agricultural lands, preserve portions of the ala loa or Ala Kahakai National Historic Trail, and facilitate responsible public access. The parcels, consisting of approximately 1,841 acres, were listed as the number two priority for acquisition in the 2020 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission.
Reference: Comm. 315
Intr. by: Ms. David
Approve: FC-54
Res. 163-21: (Draft 2)
AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into a two-year lease agreement with an approximate monthly cost of $189.71, and would be used by the department’s Disaster Recovery team.
Reference: Comm. 321.2
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-55
Res. 165-21: 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 COLOR PRINTER FOR THE OFFICE OF THE COUNTY CLERK, KONA COUNCIL DISTRICT OFFICE
Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $295.
Reference: Comm. 325
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-56
Res. 173-21: 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 COOPER CENTER COUNCIL TO PURCHASE A 10-FOOT STORAGE CONTAINER FOR STORING MISCELLANEOUS SUPPLIES AND USED MEDICAL EQUIPMENT
Transfers $6,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.
Reference: Comm. 337
Intr. by: Ms. David
Res. 177-21: AUTHORIZES THE ACCEPTANCE OF A DONATION FROM PRINCE KUHIO PLAZA, LLC, FOR THE USE OF RETAIL SPACE TO THE COUNTY OF HAWAI‘I
The donor waived rental fees for Hawai‘i County’s use of retail space to conduct vaccination events through July 31, 2021.
Reference: Comm. 342
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 178-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF TRANSPORTATION, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR THE FEDERAL TRANSIT ADMINISTRATION SECTION 5309 CAPITAL GRANT
Allows for the receipt of $8,000,270 in Federally-derived funds, which would be used by the Mass Transit Agency for operational costs and to purchase five buses.
Reference: Comm. 344
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
BILLS FOR ORDINANCES (FIRST READING)
Bill 44: AMENDS THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE COUNTY CONSTRUCTION CODE, BY:
1) ADOPTING NEW CHAPTERS 5B (RESIDENTIAL BUILDING CODE) AND 5C (EXISTING BUILDING CODE);
2) AMENDING CHAPTER 5 (CONSTRUCTION ADMINISTRATIVE CODE): SECTIONS 5-1-2, 5-1-3, 5-1-5, 5-2-2, 5-2-3, 5-2-4, 5-4-21, 5-8-4, AND 5-10-1;
3) AMENDING CHAPTER 5A (BUILDING CODE): SECTIONS 5A-1-3, 5A-1-6, 5A-3-21, 5A-3-22, AND 5A-3-27;
4) AMENDING CHAPTER 5D (ELECTRICAL CODE): SECTIONS 5D-1-3, AND 5D-1-6;
5) AMENDING CHAPTER 5E (ENERGY CONSERVATION CODE): SECTION 5E-1-6; AND
6) AMENDING CHAPTER 5F (PLUMBING CODE): SECTION 5F-1-6
Reference: Comm. 281
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-8
Postponed: July 7 and 21, 2021
(Note: There is a motion by Ms. Lee Loy, seconded by Mr. Richards, to pass Bill 44 on first reading.)
Bill 54: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Appropriates revenues in the Federal – Housing Choice Emergency Housing Voucher Program account ($1,250,000) and the Federal – Housing Choice Emergency Housing Voucher Program Administration account ($650,000); and appropriates the same to the Housing Choice Emergency Voucher Program account ($1,250,000) and the Office of Housing Other Current Expenses account ($650,000), for a total appropriation of $1.9 million. Funds would be used for immediate start-up costs, payment of rental assistance for eligible participants, and administrative fees.
Reference: Comm. 322
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-57
Bill 55: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2022
Appropriates revenues in the Federal Grants – Block Grants account ($41,851); and appropriates the same to the Kiheipua Emergency Shelter – Certified Kitchen Construction account ($2,082) and the Administration, Planning and Fair Housing account ($39,769), for a total appropriation of $41,851. Funds would be used towards housing and related needs of persons of low and moderate income throughout the island.
Reference: Comm. 323
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-58
Bill 59: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2022
Appropriates revenues in the Federal Grants – Section 5311 Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) account ($8,000,270); and appropriates the same to the Section 5311 (CRRSAA) account. Funds would be used by the Mass Transit Agency for operational costs and to purchase five buses.
Reference: Comm. 344
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 45: AMENDS CHAPTER 2, ARTICLE 42 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION AND MAINTENANCE FUND
Aligns the language in the County Code with amendments to the Hawai‘i County Charter approved by voters during the 2020 General Election by redirecting the administration and management of the Maintenance Fund from the Department of Parks and Recreation to the Department of Finance, and removing the requirement that the Commission’s composition not be made up of more than a bare majority of any particular political party.
Reference: Comm. 294
Intr. by: Ms. David
First Reading: July 21, 2021
Bill 47: REPEALS CHAPTER 2, ARTICLE 41 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE DISASTER AND EMERGENCY FUND
Repeals this article of the County Code, which became obsolete upon establishment of Hawaiʻi County Charter Section 10-17 approved by voters during the 2020 General Election.
Reference: Comm. 297
Intr. by: Ms. David
First Reading: July 21, 2021
Bill 56: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2022
Appropriates revenues in the Federal Grants – Workforce Innovation and Opportunity Act account ($1,380,000); and appropriates the same to the following Workforce Innovation and Opportunity Act 2021-22 accounts:
Administration Planning ($150,000), Adult Program ($500,000), Dislocated Worker Program ($230,000), and Youth Program ($500,000). Funds would be used to assist adults, dislocated workers, and youth by providing training to increase employment, retention, earnings, skills, and literacy.
Reference: Comm. 329
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: July 21, 2021
REPORTS
PC-21 (Comm. 318):
NOMINATION OF ROBERTA KUʻULEI KEAKEALANI TO THE HAWAI‘I COUNTY CULTURAL RESOURCES COMMISSION
PC-22 (Comm. 319):
NOMINATION OF MATTHEW CLARK TO THE HAWAI‘I COUNTY CULTURAL RESOURCES COMMISSION
PC-23 (Comm. 320):
NOMINATION OF AARON SPIELMAN TO THE HAWAI‘I COUNTY CULTURAL RESOURCES COMMISSION
REFERRALS FOR EXECUTIVE SESSION
Comm. 299.1: NAKAMOTO VS. KAWAUCHI, ET AL.; AYAU VS. KAWAUCHI, ET AL. CONSOLIDATED CIVIL NOS. 12-1-0466, 12-1-0467
From Deputy Corporation Counsel Lerisa L. Heroldt, dated July 8, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a discussion regarding litigation filed by Ted H. S. Hong, Esquire, on behalf of his clients Patricia Nakamoto and Shyla Ayau.
Postponed: July 21, 2021
(Note: There is a motion by Ms. Kimball, seconded by Mr. Inaba, to file Comm. 299.1.)
Comm. 316: BIG ISLAND SCRAP METAL, LLC, VS. COUNTY OF HAWAI‘I CIVIL NO. 15-1-0053
From Deputy Corporation Counsel Lerisa L. Heroldt, dated July 1, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a discussion regarding litigation filed by Stephen M. Tannenbaum, Esquire, on behalf of his client Big Island Scrap Metal, LLC.
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 Hawaiʻi 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
ADJOURNMENT
http://hawaiicounty.granicus.com/DocumentViewer.php?file=hawaiicounty_729bf5598b025c649d92312f1fdb335e.pdf&view=1