Hawaii County Council will meet May 18.
Here is the agenda provided by the council:
Notice is hereby given that the Hawai‘i County Council will be conducting this meeting via interactive conference technology (ICT) pursuant to Hawai‘i Revised Statutes §92-3.5. Council Members will be participating via ICT at the:
• Kona Council Chambers, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A.
Members of the public may also attend from this location.
Public attendance via Courtesy Site is available at the following locations:
• Pāhoa Council Office, 15-2879 Pāhoa Village Road; and
• Waimea Council Office, Parker Square, 65-1279 Kawaihae Road, Suite 109. 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, May 17, 2022.
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, May 17, 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 part of the permanent record. Please submit separate testimony for each item.
Hawai‘i County is an Equal Opportunity Provider and Employer
INVOCATION Pastor Howard Nash of Thy Word Ministries
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 April 6, 2022
April 20, 2022
ORDER OF RESOLUTIONS
Res. 386-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAIʻI REVISED STATUTES, SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT GRANT
Allows for the receipt of $94,300, which would be used for rapid response and layoff aversion activities.
Reference: Comm. 754
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-142
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Hawai‘i County Council-39 May 18, 2022
Res. 387-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR CONSULTANT SERVICES TO ANALYZE AND PROPOSE AMENDMENTS TO THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), CHAPTER 23, SUBDIVISIONS AND CHAPTER 25, ZONING FOR THE PLANNING DEPARTMENT
Provides for a two-year agreement to develop amendments designed to update and improve land use regulatory language.
Reference: Comm. 755
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-143
Res. 388-22: AMENDS RESOLUTION 168-21 AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I
Amends Resolution Number 168-21 to increase the funding amount for the
Kuleana Health project from $100,000 to $200,000.
Reference: Comm. 758
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-144
Res. 398-22: 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 HILO HIGH SCHOOL FOUNDATION FOR THE 2022 HILO HIGH GRAD NITE
Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 774
Intr. by: Ms. Lee Loy
Res. 399-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS 18TH ANNUAL CELEBRATION OF LIFE EVENT
Transfers $500 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. 775
Intr. by: Ms. Lee Loy
Res. 400-22: 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 HALE MUA CULTURAL GROUP TO ASSIST WITH EXPENSES ASSOCIATED WITH THE 2022 KING KAMEHAMEHA DAY CELEBRATION PARADE AND HO‘OLAULE‘A IN KONA
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 776
Intr. by: Mr. Inaba
Res. 401-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ‘O MAKU‘U KE KAHUA COMMUNITY CENTER TO PURCHASE SCHOOL SUPPLIES AND HYGIENE PRODUCTS FOR COMMUNITY CARE PACKAGES
Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 777
Intr. by: Ms. Kierkiewicz
Res. 402-22: 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 ARC OF HILO FOR ITS 1ST ANNUAL KING KAMEHAMEHA’S AWESOME ATHLETES INCLUSIVE CANOE RACE
Transfers $2,500 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. 778
Intr. by: Ms. Lee Loy
Res. 403-22: 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 HALE MUA CULTURAL GROUP TO ASSIST WITH EXPENSES RELATED TO THE KAMEHAMEHA DAY PARADE AND HO‘OLAULE‘A IN KONA
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 779
Intr. by: Ms. Villegas
Res. 404-22: 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 MERRIE MONARCH FESTIVAL FOR A REIMBURSEMENT OF EXPENSES RELATED TO THE 59TH ANNUAL MERRIE MONARCH FESTIVAL
Transfers $13,547.03 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. 780
Intr. by: Ms. Lee Loy
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Hawai‘i County Council-39 May 18, 2022
Res. 405-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HĀMĀKUA YOUTH FOUNDATION, INC., TO ASSIST WITH EXPENSES RELATED TO ITS KEIKI PROGRAM
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 781
Intr. by: Ms. Kimball
Res. 406-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HĀMĀKUA YOUTH FOUNDATION, INC., TO SUPPORT THE 2022 HONOKA‘A WESTERN WEEK FESTIVAL
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.
Reference: Comm. 782
Intr. by: Ms. Kimball
Res. 407-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS FACILITIES IN COUNCIL DISTRICT 1
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account.
Reference: Comm. 784
Intr. by: Ms. Kimball
Res. 411-22: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO AWARD FUNDS TO DESTINATION HILO
Awards $49,000 to be used for a 4th of July fireworks display as part of the 2022 Hilo Bay Blast celebration.
Reference: Comm. 791
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
BILLS FOR ORDINANCES (FIRST READING)
Bill 157: REPEALS ORDINANCE NO. 04-120, WHICH AMENDED SECTION 25-8-28 (KAʻŪ DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 20 ACRES (A-20a) TO AGRICULTURAL PROJECT DISTRICT (APD) AT PALIMA AND PĀʻAUʻAU, KAʻŪ, HAWAI‘I, COVERED BY TAX MAP KEYS: 9-6-005:018 AND 9-6-006:004
(Planning Director Initiated) (Area: Approx. 171.782 acres)
The Windward Planning Commission forwards its favorable recommendation to revert the zoning of two parcels of land to their original zoning designation of Agricultural-20 acres. The properties are located at 96-3090 Meyer Road, approximately 1.5 miles northwest of Hawai‘i Belt Road at Palima and Pāʻauʻau in Kaʻū.
Reference: Comm. 742
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-64
Bill 158: AMENDS SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 1 ACRE (A-1a) TO SINGLE-FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) AT WAIMEA, SOUTH KOHALA, HAWAI‘I, COVERED BY TAX MAP KEYS: 6-5-007:045-0001 AND 0002
(Applicant: Dale Herbert Trefz) (Area: 33,738 square feet)
The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to seek subdivision of the parcel into two lots to remove the existing Condominium Property Regime designation and associated restrictions. The property is located at 65-1310 Lihipali Road, approximately 170 feet northeast of its intersection with Opelo Road, Waimea Homesteads in South Kohala.
Reference: Comm. 743
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-65
Bill 161: 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
Reappropriates lapsed fuel tax funds from prior fiscal years by establishing the following fuel tax program appropriations to the Capital Budget: Roadway Projects (Engineering) ($451,774.22); Bridge Inspection, Repair and Replacement Program (Engineering) ($332,289.35); and Local Road Improvements (Highways) ($1,761,734.13), for a total appropriation of $2,545,797.70.
Reference: Comm. 752
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-145
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai‘i County Charter
Bill 162: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2022
Increases revenues in the Fund Balance from Previous Year – Reserved account ($100,014.94) and the Fuel Tax – Designated Capital Improvement Projects account ($600,000); and appropriates the same to the Transfer to Capital Projects Fund – Highway account. The appropriation of these excess revenues from prior fiscal year fuel tax collections is required to enable expenditure of the funds.
Reference: Comm. 753
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-146
Bill 163: 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 – Workforce Innovation and Opportunity Act account ($94,300); and appropriates the same to the following Workforce Innovation and Opportunity Act accounts: Rapid Response Administration/Planning 2021-2022 account ($9,430) and the Rapid Response Program 2021-2022 ($84,870). Funds would be used for rapid response and layoff aversion activities.
Reference: Comm. 754
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-147
Bill 164: 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 – Mainstream Voucher Administration account ($30,000); and appropriates the same to the Office of Housing Other Current Expenses account, bringing the total appropriation to $81,679. Funds would be used for administrative costs to operate the housing voucher program.
Reference: Comm. 756
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-148
Bill 165: 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 Real Property Tax Penalties account ($720,000); and appropriates the same to the Transfer to Disaster/Emergency Fund account ($240,000) and the Transfer to Public Access/OpenSpace Preservation Fund account ($480,000), to account for excess real property tax penalty revenue that must be appropriated into these special funds pursuant to the Hawaiʻi County
Charter.
Reference: Comm. 757
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-149
Bill 171: 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 – Federal Emergency Management Agency – COVID-19 account ($1,250,000); and appropriates the same to the Federal Emergency Management Agency – COVID-19 account, bringing the total appropriation to $4,500,000. Funds would be used to cover expenditures relating to the COVID-19 pandemic.
Reference: Comm. 790
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Bill 172: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Increases revenues in the Department Charges account ($130,000); and appropriates the same to the Housing Ulu Wini Other Current Expenses account, bringing the total appropriation to $1,374,220. Funds would be used for operational costs of the Ulu Wini Family Assessment Center.
Reference: Comm. 793
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 152: (Draft 2)
AMENDS CHAPTER 2, ARTICLE 13, DIVISION 3, SECTION 2-75 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE COUNTY HOUSING PROGRAM REVOLVING FUND Repeals existing provisions in their entirety and establishes nine specific uses for expenditure of the funds to support the County’s housing needs.
Reference: Comm. 721.18
Intr. by: Mr. Inaba and Ms. Kimball
First Reading: May 4, 2022
Bill 153: INITIATES AN AMENDMENT TO ARTICLE X OF THE HAWAI‘I COUNTY CHARTER (2020 EDITION), RELATING TO THE COUNTY HOUSING PROGRAM REVOLVING FUND
Proposes the addition of a new section to incorporate the revolving fund established in Section 2-74 of the Hawaiʻi County Code into the Hawaiʻi County Charter and dedicate on an annual basis a minimum of one percent of real property tax revenues into the County Housing Program Revolving Fund.
Reference: Comm. 722
Intr. by: Mr. Inaba and Ms. Kimball
First Reading: May 4, 2022
2/3 Vote: Second of three required readings, Section 15-1(a), Hawai‘i County Charter
Bill 154: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2022
Increases revenues in the Federal Grants – Traffic Safety Training Project account ($3,000); and appropriates the same to the Traffic Safety Training Project account, bringing the total appropriation to $153,000. Funds would be used to provide specialized training for police and prosecutors to combat impaired driving.
Reference: Comm. 736
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: May 4, 2022
Bill 166: 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 ($3,450,000); and appropriates the same to the Fire Protection Salaries and Wages account. Funds would be used to cover potential bargaining unit salary increases and excess overtime.
Reference: Comm. 763
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: May 4, 2022
REFERRALS FOR EXECUTIVE SESSION
Comm. 773: THE ESTATE OF JESSIE LEE STACY, ET. AL. V. JIMMY CHIU, ET. AL., CIVIL NO. 19-1-042
From Deputy Corporation Counsel Mark D. Disher, dated April 25, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced matter, submitted by Matthew Menzer and Jacob Lowenthal on behalf of their clients: The Estate of Jessie Lee Stacy; Sharian Stacy, individually and as representative of the Estate; and A.S., a minor.
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.
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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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