Hawaii County Council will meet Feb. 23

Hawaii County Council will meet Feb. 23.

Here is the agenda provided by the council:

Pursuant to Governor Ige’s most recent emergency proclamation, this meeting will not be open to the public for in-person attendance.

Oral Public Testimony: To provide oral public testimony, email councilremotetestimony@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 noon, Tuesday, February 22, 2022.

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, February 22, 2022, 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.

Hawai‘i County is an Equal Opportunity Provider and Employer

PULE Kaha‘i Ha‘i-Kelly and Malia Cagampang of Ke Kula ʻO ʻEhunuikaimalino

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 January 19, 2022

ORDER OF RESOLUTIONS

Res. 305-22: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO NĀ MAMO O KĀWĀ

Approves a grant of $117,577.48 to Nā Mamo O Kāwā, a 501(c)(3) nonprofit organization, to protect, preserve, and restore the Kāwā properties in Kaʻū, pursuant to Section 10-16(h) of the Hawai‘i County Charter.

Reference: Comm. 592

Intr. by: Ms. David

Approve: FC-102

Res. 307-22: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO HO‘OMALU KAʻŪ

Approves a grant of $24,275 to Ho‘omalu Kaʻū, a 501(c)(3) nonprofit organization, to protect, preserve, and restore the Kahua ‘Olohū Kaunāmano properties in Kaʻū, pursuant to Section 10-16(h) of the Hawai‘i County Charter.

Reference: Comm. 594

Intr. by: Ms. David

Approve: FC-103

Res. 309-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I

Funds in the amount of $25,000 from the Department of Research and Development would be used for the “Expanding Devil Weed Eradication Program to the Puna District” project.

Reference: Comm. 602

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Approve: FC-104

Res. 311-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAI‘I TO PURCHASE REUSABLE WATER BOTTLES FOR PUBLIC ELEMENTARY SCHOOLS IN THE HILO-WAIĀKEA COMPLEX AREA

Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 609

Intr. by: Ms. Lee Loy

Res. 312-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE PROJECT GRAD FOR THE 2022 GRADUATES OF KEALAKEHE HIGH SCHOOL AND WEST HAWAI‘I EXPLORATIONS ACADEMY

Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 610

Intr. by: Ms. Villegas

Res. 313-22: 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 REIMBURSEMENT OF EXPENSES RELATED TO ITS KONA MELE PROJECT

Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 611

Intr. by: Ms. Villegas

Res. 314-22: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 2, MEETINGS, AND RULE NO. 10, VOTING

Requires that all members participating via videoconference from a location other than the Council Chambers keep their video enabled, except during recesses, and activate their microphones prior to voting; also requires that a roll call vote be taken when the result of a vote is not unanimous.

Reference: Comm. 613

Intr. by: Ms. Kierkiewicz

Res. 316-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR TWO MULTI-FUNCTION COPY MACHINES FOR THE DEPARTMENT OF HUMAN RESOURCES

Authorizes the Mayor to enter into five-year lease agreements with an estimated total monthly cost of $580.

Reference: Comm. 623

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Res. 317-22: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF A 2006 TOYOTA TACOMA FROM THE STATE OF HAWAI‘I DEPARTMENT OF THE ATTORNEY GENERAL TO THE HAWAI‘I POLICE DEPARTMENT The donation, valued at approximately $10,500, would be used by the department in its daily operations.

Reference: Comm. 624

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Res. 318-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE ROLL-OFF TRAILER AND ONE DEWATERING BIN FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into a five-year lease agreement with an estimated total monthly cost of $3,100 to dewater liquid and solid slurries generated from sewer maintenance activities, and to haul away the waste.

Reference: Comm. 625

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Res. 319-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE SEMI-TRACTOR AND TWO TRAILER MOUNTED BINS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into a five-year lease agreement with an estimated total monthly cost of $9,100 to haul biosolids from the Hilo Wastewater Treatment Plant to the West Hawai‘i Sanitary Landfill.

Reference: Comm. 626

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Res. 320-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF THREE SEMI-TRACTORS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into a five-year lease agreement with an estimated total monthly cost of $14,100 to transport refuse from the East Hawai‘i Regional Sort Station to the West Hawai‘i Sanitary Landfill.

Reference: Comm. 627

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Res. 321-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF FOUR WALKING FLOOR TRAILERS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into a five-year lease agreement with an estimated total monthly cost of $14,700 to collect and transport refuse.

Reference: Comm. 628

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Res. 322-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF THREE BOOM TRUCKS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into a five-year lease agreement with an estimated total monthly cost of $13,800 to manage the increasing number of bulky items deposited at transfer stations.

Reference: Comm. 629

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Res. 323-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF FOUR 48-FOOT COMPACTING REFUSE TRAILERS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into a five-year lease agreement with an estimated total monthly cost of $17,500 to transport refuse from the East Hawai‘i transfer stations to the East Hawai‘i Regional Sort Station.

Reference: Comm. 630

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Res. 324-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE PLANNING DEPARTMENT

Allows for the receipt of $160,000 in federally-derived funds, to be used for Phase 4 and Phase 5 of the Coastal Zone Management - Shoreline Pursuit Project.

Reference: Comm. 631

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Res. 325-22: 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 TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF KALAMAPI‘I PLAY SCHOOL

Transfers $10,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 632

Intr. by: Mr. Chung

BILLS FOR ORDINANCES (FIRST READING)

Bill 111: (Draft 2)

AMENDS CHAPTER 19, ARTICLE 11, SECTION 19-90, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES

Allocates 75 percent of real property tax revenue collected annually from Residential Tier Two properties that is applied to the net taxable real property value of $2 million or more to County-sponsored programs to address homelessness, through June 30, 2027.

Reference: Comm. 589.2

Intr. by: Mr. Chung

Approve: FC-105

; and

Comm. 589.3: From Council Member Ashley L. Kierkiewicz, dated February 15, 2022, transmitting a proposed amendment to Bill 111, Draft 2.

Bill 113: AMENDS SECTION 25-8-26 (PĀHOA 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 VILLAGE COMMERCIAL – 20,000 SQUARE FEET (CV-20) AT WAIAKAHIULA, PUNA, HAWAI‘I, COVERED BY TAX MAP KEY: 1-5-003:037

(Applicant: Aguinaldo 4, LLC) (Area: 1.545 acres)

The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to temporarily use three existing structures for commercial purposes, and then remove the three existing structures and construct a 13,520 square foot mixed-use medical, retail, and office complex with associated infrastructure. The property is located at 15-3070 Pāhoa Kapoho Road, on the southeast corner intersecting with Pāhoa-Kalapana Road across Pāhoa High School at Kahiahiku Homesteads in Puna.

Reference: Comm. 596

Intr. by: Ms. Villegas (B/R)

Approve: PC-45

Bill 122: 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 Fund Balance from Previous Year account ($4,940,000), and appropriates same to the following accounts: General Excise Tax Mass Transit Salaries and Wages ($200,000) and Other Current Expenses ($4,700,000); Retirement Benefits ($15,000); and Federal Insurance Contributions Act Employer Share ($25,000). Funds would be used to cover unanticipated costs.

Reference: Comm. 622

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Bill 123: 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 – Coastal Zone Management account ($160,000), and appropriates same to the Coastal Zone Management account.

Funds would be used by the Planning Department for Phase 4 and Phase 5 of the Coastal Zone Management - Shoreline Pursuit Project.

Reference: Comm. 631

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

ORDER OF THE DAY (SECOND OR FINAL READING)

Bill 106: (Draft 2)

AMENDS SECTION 25-8-23 (VOLCANO – MT. VIEW 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, 20,000 SQUARE FEET (RS-20) TO VILLAGE COMMERCIAL, 10,000 SQUARE FEET (CV-10) AT ʻŌLAʻA SUMMER LOTS, PUNA, HAWAI‘I, COVERED BY TAX MAP KEY: 1-9-004:051

(Applicant: Raja Daggula) (Area: 0.838 acre)

The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to construct a three-unit short-term vacation rental complex consisting of three one-story single-family dwellings and a six-stall parking area. The property is located on the north side of Old Volcano Road, approximately 335 feet west of its intersection with Wright Road in Puna.

Reference: Comm. 572.3

Intr. by: Ms. Kierkiewicz (B/R)

First Reading: February 9, 2022

Bill 114: AMENDS CHAPTER 15, ARTICLE 9, SECTION 15-72, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING KAMEHAMEHA PARK TO THE FARMERS MARKET FACILITY SCHEDULE

Allows a farmers market to be established and operated at Kamehameha Park in Kohala.

Reference: Comm. 600

Intr. by: Mr. Richards

First Reading: February 9, 2022

Bill 116: 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 Public Works Waiānuenue Avenue Bridge Modernization project to the Capital Budget: County ($517,500) and Federal ($1,656,000). Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($517,500) and Federal Grants Receivable ($1,656,000), and would be used for planning, design, and management costs.

Reference: Comm. 604

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

First Reading: February 9, 2022

Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter

Bill 117: (Draft 2)

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 Fund Balance from Previous Year account ($3,212,000), and appropriates same to the following accounts: Human Resources Other Current Expenses ($49,000) and Equipment ($2,000); Research and Development Other Current Expenses ($250,000); Police Dispatch Salaries and Wages ($116,000); Police Investigation Cause of Death ($200,000); Training and Volunteer Fire Other Current Expenses ($35,000) and Equipment ($73,000); Helicopter Services ($250,000); Building Inspection Other Current Expenses ($40,000); Parks and Recreation Administration Other Current Expenses ($35,000) and Equipment ($220,000); Parks Maintenance Equipment ($60,000); Environmental Management Other Current Expenses ($31,000) and Equipment ($41,000); Transfer to Solid Waste Fund ($410,000); and Workers Compensation – General ($1,400,000). Funds would be used to cover unanticipated costs.

Reference: Comm. 605.2

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

First Reading: February 9, 2022

; and

(Note: Bill 118, also related to Comm. 605, is on the next page.)

Bill 118: 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 Transfer from General Fund account ($410,000), and appropriates same to the following accounts: Landfills Salaries and Wages ($200,000) and Landfills Other Current Expenses ($210,000).

Reference: Comm. 605

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

First Reading: February 9, 2022

Bill 119: 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 Police East Hawai‘i Animal Control Facilities and Renovations project for $2 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. 606

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

First Reading: February 9, 2022

Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter

REFERRALS FOR EXECUTIVE SESSION

Comm. 612: IAN SEELY V. HAWAI‘I POLICE DEPARTMENT; CIVIL NO. 17-1-414 From Deputy Corporation Counsel Steven K. Idemoto, dated January 28, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a claim submitted by Joseph Rosenbaum on behalf of his client Ian Seely.

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

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 February 18, 2022. If a response is received after February 18, 2022, 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.

Items listed on the agenda are available on the County website at www.hawaiicounty.gov by clicking on Council Records and navigating to the current agenda. For any 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).

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