Hawaii County Council will meet Jun 15

Hawaii County Council will meet Jun 15.

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:

• Hilo Council Chambers, Hawai‘i County Building, 25 Aupuni Street, Room 1401. 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, June 14, 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, June 14, 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

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) ORDER OF RESOLUTIONS Res. 412-22: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE EMPLOYERS AND THE HAWAI‘I GOVERNMENT EMPLOYEES ASSOCIATION UNIT 02 FOR THE CONTRACT PERIOD JULY 1, 2021 THROUGH JUNE 30, 2025

The estimated costs over the four years of the new contract resulting from across the-board increases and one-time lump sum payments would be $1,567,354.

Reference: Comm. 797

Intr. by: Mr. Kāneali‘i-Kleinfelder (B/R)

Approve: FC-157

Res. 413-22: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE EMPLOYERS AND THE HAWAI‘I GOVERNMENT EMPLOYEES ASSOCIATION UNITS 03, 04, 13, AND EMPLOYEES EXCLUDED FROM THOSE UNITS FOR THE CONTRACT PERIOD JULY 1, 2021 THROUGH JUNE 30, 2025

The estimated costs over the four years of the new contract resulting from lump sum payments, across-the-board increases, step movements, and increases to uniform allowances and overtime meal rates would be $21,783,815.

Reference: Comm. 798

Intr. by: Mr. Kāneali‘i-Kleinfelder (B/R)

Approve: FC-158

Res. 414-22: COMMITS TO FUNDING THE COST ITEMS AWARDED BY ARBITRATION TO HAWAI‘I FIRE FIGHTERS ASSOCIATION UNIT 11 FOR THE CONTRACT PERIOD JULY 1, 2021 THROUGH JUNE 30, 2025

The estimated cost over the four years of the new contract resulting from across the-board increases and step movements would be $16,267,480.

Reference: Comm. 799

Intr. by: Mr. Kāneali‘i-Kleinfelder (B/R)

Approve: FC-159

Res. 415-22: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LAND OR A CONSERVATION EASEMENT FOR PROPERTY IDENTIFIED AS TAX MAP KEY 8-7-001:002 SITUATED IN THE AHUPUA‘A OF KA‘OHE AND KNOWN AS WAI‘OHE, DISTRICT OF SOUTH KONA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND

The County seeks to acquire approximately 220 acres of land to protect the old growth of ʻŌhia trees and habitat for the Hawaiian Hawk, the Hawaiian Hoary Bat, and other endemic bird and plant species. This parcel is listed as priority number 15 for purchase in the 2021 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission.

Reference: Comm. 800

Intr. by: Ms. David

Approve: FC-160

Res. 416-22: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY 7-7-004:025 SITUATED IN THE DISTRICT OF NORTH KONA, ALSO KNOWN AS KAKALA O KAMOA CULTURAL CENTER, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND

The County seeks to acquire this .78 acre oceanfront parcel located on the north side of Holualoa Bay along Aliʻi Drive in Kailua-Kona to preserve the historic Lyman House cottage and stone swimming pool, and provide an area for cultural education, subsistence fishing, and shoreline recreation. The parcel is listed as priority number 16 for purchase in the 2021 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission.

Reference: Comm. 801

Intr. by: Ms. Villegas

Approve: FC-161

Res. 419-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAIʻI AT HILO

Authorizes the Mayor to enter into a three-year agreement to facilitate the Hawaiʻi Island Recovery and Resilience Action Learning Initiative.

Reference: Comm. 813

Intr. by: Mr. Kāneali‘i-Kleinfelder (B/R)

Approve: FC-162

Res. 432-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT FOR THE DEPARTMENT OF PARKS AND RECREATION TO MAKE IMPROVEMENTS AT EXISTING FACILITIES AND FOR THE DEVELOPMENT OF NEW PARK FACILITIES IN COUNCIL DISTRICT 9

Transfers $5,384.03 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account.

Reference: Comm. 831

Intr. by: Mr. Richards

Res. 433-22: CREATES ONE NEW CLERK III POSITION FOR THE POLICE DEPARTMENT’S TRAFFIC SERVICES SECTION

Reference: Comm. 833

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

Waived: FC

Res. 434-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ONE CHEVY CARGO TRUCK AND VARIOUS BOMB SQUAD EQUIPMENT TO THE COUNTY OF HAWAIʻI POLICE DEPARTMENT

The donation from the State of Hawai‘i, with an estimated value of $429,287.37, would be used by the Hawaiʻi Interisland Bomb Squad.

Reference: Comm. 834

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

Waived: FC

Res. 435-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI, HAWAIʻI TOURISM AUTHORITY, PURSUANT TO HAWAIʻI REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAIʻI COUNTY RESEARCH AND DEVELOPMENT DEPARTMENT

Allows for the receipt of $175,000 to implement the Resilience Corps and Community Tourism Collaborative programs.

Reference: Comm. 835

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

Waived: FC

Res. 436-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY FOR THE COUNTY OF HAWAIʻI DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into a four-year, eleven month lease with Puna Plantation of Hawaiʻi, Limited, for 3,163 square feet of office space within Hanama Place in Kailua-Kona.

Reference: Comm. 836

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

Waived: FC

Res. 437-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FLOWFLEX COVID-19 ANTIGEN HOME TESTS KITS FROM THE STATE OF HAWAIʻI DEPARTMENT OF HEALTH TO THE HAWAIʻI COUNTY CIVIL DEFENSE AGENCY

The donation of 8,000 test kits, with a total value of approximately $79,920, would be used to provide COVID testing options to low-income households, rural communities, and County of Hawaiʻi employees who frequently interact with the public.

Reference: Comm. 837

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

Waived: FC

Res. 438-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR ESRI SOFTWARE FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY

Authorizes the Mayor to enter into a three-year agreement, with an annual cost of $165,000, to allow continued support of the County’s Geographic Information System.

Reference: Comm. 838

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

Waived: FC

Res. 439-22: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAIʻI, THE COUNTY OF KAUAʻI, THE COUNTY OF MAUI, AND THE CITY AND COUNTY OF HONOLULU, REGARDING THE DISTRIBUTION OF ANTICIPATED SETTLEMENT PROCEEDS FROM THE OPIOID LITIGATION

Authorizes the execution of an intergovernmental agreement to maximize receipt of funds resulting from the settlement of the nationwide opioid lawsuit.

Reference: Comm. 839

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

Waived: FC

Res. 440-22: CONDEMNS GUN VIOLENCE AND SUPPORTS STRENGTHENING GUN LAWS IN THE UNITED STATES OF AMERICA

Encourages the United States Congress to establish gun safety measures to reduce the number of mass shootings and gun related deaths occurring nationwide.

Reference: Comm. 840

Intr. by: Ms. Kimball

Waived: GOREDC

Res. 441-22: DETERMINES THE REAL PROPERTY TAX RATES FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR JULY 1, 2022, TO JUNE 30, 2023

Lowers the tax rates for properties classified in residential tier one, affordable rental housing, commercial, industrial, agriculture or native forests, and homeowner.

Reference: Comm. 841

Intr. by: Mr. Inaba

Waived: FC

BILLS FOR ORDINANCES (FIRST READING)

Bill 173: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-18 OF THE HAWAI‘I COUNTY CHARTER (2020 EDITION), RELATING TO THE OFFICE OF THE COUNTY AUDITOR

Adds investigations of reports of fraud, waste, and abuse within County operations as an authorized function of the Office of the County Auditor.

Reference: Comm. 809

Intr. by: Ms. Kierkiewicz

Approve: FC-163

2/3 Vote: First of three required readings,

Section 15-1(a), Hawai‘i County Charter

Bill 174: INITIATES AN AMENDMENT TO ARTICLE VI OF THE HAWAIʻI COUNTY CHARTER (2020 EDITION), BY ADDING A NEW CHAPTER TO ESTABLISH A DEPARTMENT OF BUILDING

Creates a Department of Building to manage the duties and functions currently performed by the Building Division within the Department of Public Works.

Reference: Comm. 810

Intr. by: Ms. Kierkiewicz

Approve: PWMTC-18

2/3 Vote: First of three required readings,

Section 15-1(a), Hawai‘i County Charter

Bill 175: INITIATES AN AMENDMENT TO ARTICLE V OF THE HAWAI‘I COUNTY CHARTER (2020 EDITION), RELATING TO ESTABLISHING A YOUTH COMMISSION WITHIN THE EXECUTIVE BRANCH

Adds a new chapter to create a commission consisting of up to 15 members between the ages of 14 and 24 years old that would integrate its ideas and perspectives into County government.

Reference: Comm. 812

Intr. by: Ms. Kierkiewicz

Approve: GOREDC-24

2/3 Vote: First of three required readings,

Section 15-1(a), Hawai‘i County Charter

Bill 179: AMENDS ARTICLE XIII, SECTION 13-8 OF THE HAWAI‘I COUNTY CHARTER (2020 EDITION), RELATING TO TERMS OF OFFICE OF DEPARTMENT HEADS IN THE EXECUTIVE BRANCH FOR THOSE AGENCIES UNDER THE MANAGING DIRECTOR

Provides that within 60 days of the County Council term beginning on

December 5, 2022, and within 60 days of the beginning of every alternate Council term thereafter, that all department heads appointed by the Mayor and approved by the Council appear before the Council for a vote to retain each department head.

Reference: Comm. 818

Intr. by: Mr. Chung

Approve: GOREDC-25

2/3 Vote: First of three required readings,

Section 15-1(a), Hawai‘i County Charter

Bill 180: INITIATES AN AMENDMENT TO ARTICLE VIII OF THE HAWAIʻI COUNTY CHARTER (2020 EDITION), RELATING TO THE WATER BOARD AND THE DEPARTMENT OF WATER SUPPLY

Adds a representative from the Department of Hawaiian Homelands to serve as an ex-officio member of the Water Board, requires the Manager-Chief Engineer to submit an annual report to the County Council, and establishes protection for Native Hawaiian water rights and Native Hawaiian law training for members of the Water Board and certain personnel of the Department of Water Supply.

Reference: Comm. 819

Intr. by: Mr. Kānealiʻi-Kleinfelder

Negative: RAWEEMC-15 (Due to a vote of 2-ayes,

6-noes, 1-absent)

2/3 Vote: First of three required readings, Section 15-1(a), Hawai‘i County Charter

ORDER OF THE DAY (SECOND OR FINAL READING)

Bill 159: 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 Parks and Recreation Hawaiian Paradise Park District Park – Fair Share project ($235,000) to the Capital Budget. Funds for this project shall be provided from Fair Share funds and be used for costs associated with planning, design, and an environmental assessment.

Reference: Comm. 746

Intr. by: Ms. Kierkiewicz

First Reading: June 1, 2022

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

Bill 160: AMENDS CHAPTER 11 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO AFFORDABLE HOUSING PRODUCTION FUNDING

Establishes an annual appropriation of at least $5 million per year to the Office of Housing and Community Development to facilitate programs that support affordable housing production.

Reference: Comm. 750

Intr. by: Ms. Kierkiewicz

First Reading: June 1, 2022

Bill 167: AMENDS CHAPTER 14 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO THE PROHIBITION OF NON-MINERAL SUNSCREEN

Prohibits the sale and distribution of non-mineral sunscreen, unless prescribed by a licensed healthcare provider, beginning December 1, 2022.

Reference: Comm. 771

Intr. by: Mr. Inaba and Ms. Villegas

First Reading: June 1, 2022

; and

Comm. 771.1 From Council Members Holeka Goro Inaba and Rebecca Villegas, dated June 8, 2022, transmitting a proposed amendment to Bill 167.

Bill 168: INITIATES AN AMENDMENT TO ARTICLE XIV, SECTION 14-5 OF THE HAWAI‘I COUNTY CHARTER (2020 EDITION), RELATING TO THE BOARD OF ETHICS

Increases the membership of the board from five to seven members.

Reference: Comm. 783

Intr. by: Ms. Lee Loy

First Reading: June 1, 2022

2/3 Vote: Second of three required readings, Section 15-1(a), Hawai‘i County Charter

Bill 169: 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 Hawai‘i Island Bikeshare System – Federal account ($726,000); and appropriates the Hawai‘i Island Bikeshare System – Federal account. Funds would be used to add 15 Hawai‘i Island Bikeshare stations in

Kailua-Kona and Hilo.

Reference: Comm. 787

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

First Reading: June 1, 2022

Bill 170: 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 Coordinated Services account ($52,461); and appropriates the same to the Coordinated Services – Other Current Expenses account, bringing the total appropriation to $188,461. Funds would be used by the Department of Parks and Recreation’s Coordinated Services Division for its Transportation and Outreach programs.

Reference: Comm. 789

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

First Reading: June 1, 2022

Bill 176: 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 State – Public Library at Pāhoa Transit Hub Study account ($350,000); and appropriates the same to the Public Library at Pāhoa

Transit Hub Study. Funds would be used to conduct a feasibility study of co-locating a library at the future Pāhoa Transit Hub.

Reference: Comm. 815

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

First Reading: June 1, 2022

Bill 177: 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 account ($1,840,000); and appropriates the same to the following accounts: Police Administration Division – Other Current Expenses ($900,000), South Hilo Police-Other Current Expenses ($295,000), Investigation Cause of Death ($75,000), Planning Other Current Expenses ($300,000), Planning Equipment ($20,000), Clerk-Council Services Other Current Expenses ($30,000), and Transfer to Solid Waste Fund ($220,000). Funds would be used for increases in cost and consumption as well as other unanticipated costs that have arisen throughout the year.

; and

Bill 178: 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 Transfer from General Fund account ($220,000); and appropriates the same to the Recycling Programs-County Other Current Expenses account.

Reference: Comm. 816

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

First Reading: June 1, 2022

REPORTS

PC-66: (Comm. 804) NOMINATION OF ALAYNA L. KILKUSKIE TO THE KAILUA VILLAGE DESIGN COMMISSION

Requires Council Confirmation by: June 24, 2022 (Section 13-4(l), Hawaiʻi County Charter

PC-67: (Comm. 805) NOMINATION OF PALANI GREENWELL TO THE KAILUA VILLAGE DESIGN COMMISSION

Requires Council Confirmation by: June 24, 2022 (Section 13-4(l), Hawaiʻi County Charter)

PC-68: (Comm. 806) NOMINATION OF JOHN C. CROSS TO THE WINDWARD PLANNING COMMISSION

Requires Council Confirmation by: June 24, 2022 (Section 13-4(k), Hawaiʻi County Charter)

; and

Comm. 806.1: From Mayor Mitchell D. Roth, dated May 31, 2022, confirming that Mr. Cross would represent the South Hilo District, and if confirmed would serve the remaining term of a former commissioner, ending December 31, 2023.

RAWEEMC-14: (Comm. 807)

NOMINATION OF NOMINATION OF AUSTIN GRIFFEY TO THE GAME MANAGEMENT ADVISORY COMMISSION

Requires Council Confirmation by: June 24, 2022 (Section 13-4(k), Hawaiʻi County Charter)

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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If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by June 13, 2022. 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.

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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).