Hawaii County Council will meet Dec. 22.
Here is the agenda provided by the council:
Pursuant to Governor Ige’s most recent proclamation, in order to minimize physical contact and maximize social distancing, this meeting will not be open to the public for in-person attendance.
Oral Public Testimony: To provide oral public testimony, email relley.araceley@hawaiicounty.gov or call (808) 961-8255 to complete the registration process and receive information to join the meeting via Zoom video conferencing. Please contact our office and register by 12:00 p.m., Tuesday, December 21, 2021.
Written Testimony: The Council encourages the public to submit thoughts, comments, and input via 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, December 21, 2021, 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, Hawai‘i, 96720. All written testimony, regardless of time of receipt, will be made a part of the permanent record. Please submit separate testimony for each item.
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 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/UCJNalwg4OoK7a_7nGnEtGPA.
INVOCATION Rabbi Levi Gerlitzky of Chabad Jewish 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
(NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES November 18, 2021
COMMUNICATIONS
Comm. 545: NOMINATION OF SCOTT NAGATA TO THE SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
From Mayor Mitchell D. Roth, dated November 24, 2021, requesting the Council’s review and confirmation.
Waived: PC
Requires Council Confirmation by: January 12, 2022 (Section 13-4(k), Hawaiʻi County Charter)
Comm. 546: NOMINATION OF DESIREE MOANA CRUZ TO THE HĀMĀKUA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
From Mayor Mitchell D. Roth, dated November 24, 2021, requesting the Council’s review and confirmation.
Waived: PC
Requires Council Confirmation by: January 12, 2022 (Section 13-4(k), Hawaiʻi County Charter)
Comm. 547: NOMINATION OF NEAL HERBERT TO THE COST OF GOVERNMENT COMMISSION
From Mayor Mitchell D. Roth, dated December 2, 2021, requesting the Council’s review and confirmation.
Waived: FC
Requires Council Confirmation by: January 16, 2022 (Section 13-4(k), Hawaiʻi County Charter)
ORDER OF RESOLUTIONS
Res. 273-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR PARATRANSIT ELIGIBILITY ASSESSMENTS AND PARATRANSIT OPERATIONS FOR THE MASS TRANSIT AGENCY
Authorizes the Mayor to enter into a one-year and three-month lease agreement to pursue a single agreement for fixed route and paratransit services in Fiscal Year 2023.
Reference: Comm. 522
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-97
Res. 274-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR ONLINE LEGAL RESEARCH SERVICES AND LEGAL PRINT RESOURCES FOR THE OFFICE OF THE CORPORATION COUNSEL Authorizes the Mayor to enter into a five-year lease agreement with Thomson Reuters, Westlaw.
Reference: Comm. 523
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-98
Res. 275-21: ACCEPTS THE DEDICATION OF ROADWAY LOT 58, KIKAHA AT WEHILANI, PHASE 1, BEING IDENTIFIED AS TAX MAP KEY: 6-8-037:058, SITUATED AT WAIKŌLOA, DISTRICT OF SOUTH KOHALA, ISLAND AND COUNTY OF HAWAIʻI, STATE OF HAWAI‘I FROM CASTLE & COOKE WAIKŌLOA, LLC, A HAWAI‘I LIMITED LIABILITY COMPANY
The landholder seeks to dedicate the roadways and all improvements for public roadway purposes.
Reference: Comm. 525
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-13
Res. 277-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION
Allows for the receipt of $500,000, to be used towards economic recovery efforts related to the COVID-19 pandemic.
Reference: Comm. 528
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Postponed: December 8, 2021
(Note: There is a motion by Mr. Kānealiʻi-Kleinfelder, seconded by
Mr. Richards, to adopt Res. 277-21.)
Res. 282-21: 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 ISLAND OF HAWAI‘I YMCA FOR ITS FAMILY VISITATION CENTER PROGRAM
Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account.
Reference: Comm. 536
Intr. by: Mr. Chung
Res. 283-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ISLAND UNITED WAY FOR THE PURCHASE OF MATERIALS AND SUPPLIES FOR ITS COMMUNITY OUTREACH INITIATIVE
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 537
Intr. by: Mr. Chung
Res. 284-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LA‘I‘ŌPUA 2020 FOR EXPENSES RELATING TO ITS COMMUNITY OUTREACH EFFORTS
Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 538
Intr. by: Ms. Villegas
Res. 285-21: 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 FRIENDS OF LILI‘UOKALANI GARDENS FOR ITS CHRISTMAS IN THE PARK EVENT
Transfers $2,580 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.
Reference: Comm. 539
Intr. by: Mr. Kānealiʻi-Kleinfelder
Res. 286-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF USED EQUIPMENT FOR USE BY THE HAWAI‘I FIRE DEPARTMENT
Provides a variety of tools and equipment donated by the Honolulu Fire Department with a total estimated value of $9,285.
Reference: Comm. 540
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 287-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR TWO MULTIFUNCTION COLOR PRINTERS FOR THE OFFICE OF THE PROSECUTING ATTORNEY
Authorizes the Mayor to enter into five-year lease agreements with an approximate total monthly cost of $2,400 for both printers, to be used by staff in the Hilo and Kona offices.
Reference: Comm. 541
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 288-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I ECONOMIC RESEARCH ORGANIZATION
Provides County funds in the amount of $10,000 to maintain the Hawai‘i County Data Portal for the 2021-2022 Fiscal Year.
Reference: Comm. 542
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 289-21: APPROVES THE HAWAIʻI STATE ASSOCIATION OF COUNTIES’ EXECUTIVE COMMITTEE SLATE OF OFFICERS
Ratifies the slate of officers approved by the Hawaiʻi State Association of Counties Executive Committee on November 23, 2021, as follows: Kauaʻi County Council Members Mason K. Chock, President (Bernard P. Carvalho, Jr., Alternate); Maui County Council Members Kelly Takaya King, Vice President (Tamara Paltin, Alternate); Hawaiʻi County Council Members Heather L. Kimball, Secretary (Rebecca Villegas, Alternate); and Honolulu City Council Members Tommy Waters, Treasurer (Andria Tupola, Alternate).
Reference: Comm. 543
Intr. by: Ms. Kimball
Waived: GOREDC
BILLS FOR ORDINANCES (FIRST READING)
Bill 94: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022
Adds the Environmental Management Pua Force Main Installation and Rehabilitation – State Revolving Funds project for $530,000 to the Capital Budget. Funds for this project shall be provided from State Revolving Funds, and would be used to install a second Sewage Force Main and rehabilitate the existing Force Main that connects the Pua Sewage Pump Station to the Hilo Wastewater Treatment Plant.
Reference: Comm. 524
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-99
Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter
Bill 96: 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 – Fiscal Year 2021 Economic Development Administration American Rescue Plan Act account ($500,000), and appropriates same to the Fiscal Year 2021 Economic Development Administration American Rescue Plan Act account. Funds would be used towards economic recovery efforts related to the COVID-19 pandemic.
Reference: Comm. 528
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Postponed: December 8, 2021
(Note: There is a motion by Mr. Kānealiʻi-Kleinfelder, seconded by
Mr. Richards, to pass Bill 96 on first reading.)
Bill 98: NAMES THE RODEO ARENA GRANDSTAND AT THE PANAʻEWA EQUESTRIAN CENTER THE “ALVIN ‘AL’ CABRAL RODEO ARENA GRANDSTAND” IN HONOR OF ALVIN “AL” CABRAL AND AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY AMENDING THE PARKS AND RECREATIONAL FACILITY SCHEDULE TO REFLECT THIS ACTION
Recognizes Alvin ‘Al’ Cabral’s numerous contributions to Hilo’s equestrian community.
Reference: Comm. 534
Intr. by: Ms. Lee Loy
Approve: PRPSC-28
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 89: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL COMMERCIAL MIXED – 20,000 SQUARE FEET (MCX-20) AT WAIĀKEA HOUSELOTS, WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEYS: 2-2-035:049 AND 096 (Applicant: Leila Shimizu) (Area: 22,300 Square Feet)
The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow the applicant to convert an existing single family dwelling into an office building to rent for private use and to develop a parking lot and related improvements. The properties are located at the northeast corner of the Kekūanaōʻa Street - Kalanikoa Street intersection.
Reference: Comm. 473
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: December 8, 2021
Bill 90: AMENDS ORDINANCE NO. 12-33 WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO RESIDENTIAL-COMMERCIAL MIXED – 20,000 SQUARE FEET (RCX-20) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-038:028
(Applicant: Takata Dental Health Center, Inc.) (Area: One Acre)
The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow the applicant a five-year time extension to comply with Condition B (Time to Complete Construction) and a 180-day extension to comply with Condition C (Water Commitment). The applicant wishes to relocate its existing dental practice to the subject property, which is located at 1732 Kīlauea Avenue.
Reference: Comm. 474
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: December 8, 2021
Bill 91: (Draft 2)
AMENDS CHAPTER 15, HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE 12 PROHIBITING USE OF GLYPHOSATE-BASED PESTICIDES IN COUNTY PARKS AND RECREATIONAL FACILITIES
Prohibits the use of glyphosate-based pesticides by the County or its contractors in County parks and facilities listed in Section 15-68.1 of the Hawaiʻi County Code, effective July 1, 2022. Provides certain exemptions, including the Hilo Municipal Golf Course, Hilo Drag Strip, and County cemeteries.
Reference: Comm. 491.63
Intr. by: Ms. Villegas
First Reading: December 8, 2021
Bill 93: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2022
Increases revenues in the Federal Grants – Rural Transit Assistance Program account ($60,000), and appropriates same to the Mass Transit Agency’s Rural Transit Assistance Program account, bringing the total appropriation to $90,000. Funds would be used for costs of trainings and travel to conferences related to rural transit operations, planning, and maintenance.
Reference: Comm. 496
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: November 18, 2021
Postponed: December 8, 2021
(Note: There is a motion by Mr. Kānealiʻi-Kleinfelder, seconded by Ms. Lee Loy, to pass Bill 93 on second and final reading.)
Bill 95: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2022
Increases revenues in the following State Grants accounts: Periodic Motor Vehicle Inspection Program Income ($868) and Commercial Driver’s License Program Income ($868), and appropriates same to the following accounts: Periodic Motor Vehicle Inspection Program Equipment ($868) and Commercial Driver’s License Program Equipment ($868), bringing the total of both appropriations to $2,002 and $1,268, respectively. Funds would be used by Vehicle Registration and Licensing Division to purchase computers.
Reference: Comm. 527
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: December 8, 2021
Bill 97: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021, TO JUNE 30, 2022
Adds the following Public Works projects to the Capital Budget: 4 Mile Creek Bridge ($6 million) and 4 Mile Creek Bridge – State ($12 million). Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($6 million) and State Grants Receivable ($12 million), to be used to reconstruct the existing bridge from one lane to two lanes.
Reference: Comm. 532
Intr. by: Ms. Lee Loy
First Reading: December 8, 2021
Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter
REPORTS
FC-91 (Comm. 503):
NOMINATION OF GEORGE ESPINOSA TO THE COST OF GOVERNMENT COMMISSION
Requires Council Confirmation by: December 31, 2021 (Section 13-4(k), Hawaiʻi County Charter)
FC-92 (Comm. 504):
NOMINATION OF MATTIAS KUSCH TO THE COST OF GOVERNMENT COMMISSION
Requires Council Confirmation by: December 31, 2021 (Section 13-4(k), Hawaiʻi County Charter)
FC-93 (Comm. 505):
NOMINATION OF KENNETH OBENSKI TO THE COST OF GOVERNMENT COMMISSION
Requires Council Confirmation by: December 31, 2021 (Section 13-4(k), Hawaiʻi County Charter)
FC-94 (Comm. 506):
NOMINATION OF KARIE WAKAT TO THE COST OF GOVERNMENT COMMISSION
Requires Council Confirmation by: December 31, 2021 (Section 13-4(k), Hawaiʻi County Charter)
FC-95 (Comm. 507):
NOMINATION OF MICHAEL KONOWICZ TO THE COST OF GOVERNMENT COMMISSION
Requires Council Confirmation by: January 1, 2022 (Section 13-4(k), Hawaiʻi County Charter)
FC-96 (Comm. 508):
NOMINATION OF DANIEL MALAKIE III TO THE COST OF GOVERNMENT COMMISSION
Requires Council Confirmation by: January 1, 2022 (Section 13-4(k), Hawaiʻi County Charter)
PC-36 (Comm. 510):
NOMINATION OF RICHARD CUNNINGHAM TO THE BOARD OF APPEALS
Requires Council Confirmation by: January 1, 2022 (Section 13-4(k), Hawaiʻi County Charter)
GOREDC-20 (Comm. 509):
REAPPOINTMENT OF GABRIELLA CABANAS TO THE MERIT APPEALS BOARD
Requires Council Confirmation by: January 1, 2022 (Section 13-4(k), Hawaiʻi County Charter)
PRPSC-23 (Comm. 511):
REAPPOINTMENT OF ISAAC NAHAKŪʻELUA TO THE VETERANS ADVISORY COMMITTEE
PRPSC-24 (Comm. 512):
REAPPOINTMENT OF MINORU HANATO TO THE VETERANS ADVISORY COMMITTEE
PRPSC-25 (Comm. 513):
REAPPOINTMENT OF MICHAEL DOOLITTLE TO THE VETERANS ADVISORY COMMITTEE
PRPSC-26 (Comm. 514):
NOMINATION OF MICHAEL HUGHES TO THE LIQUOR CONTROL ADJUDICATION BOARD
Requires Council Confirmation by: January 1, 2022 (Section 13-4(k), Hawaiʻi County Charter)
PRPSC-27 (Comm. 515):
NOMINATION OF CLAUDE S. ONIZUKA TO THE LIQUOR COMMISSION
Requires Council Confirmation by: January 1, 2022 (Section 13-4(k), Hawaiʻi County Charter)
REFERRALS FOR EXECUTIVE SESSION
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
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.
If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by December 20, 2021. If a response is received after December 20, 2021, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.
Council Members may also be present at the Hilo Council Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401, and/or participating via interactive conference technology from other locations.
The full text of the agendas is made available on the County website at www.hawaiicounty.gov. Click on Council Records to navigate to current agendas. For copies of the agenda(s) or questions, please contact Council Services at 961-8255.
Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestimony@hawaiicounty.gov before 12:00 noon on the business day prior to the meeting. The email shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video submittal. Each video submittal shall be limited to a single agenda item. Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony).
http://hawaiicounty.granicus.com/DocumentViewer.php?file=hawaiicounty_2f179fa67e5473e5f862545f24b828e9.pdf&view=1