Hawaii County Council will meet Nov. 2

Hawaii County Council will meet Nov. 2.

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, November 1, 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, November 1, 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 Ron Brav of Calvary Chapel 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

Pursuant to HRS §92-3, oral testimony may be provided entirely at the beginning of the meeting, or immediately preceding the agenda item being opened for deliberation by the Council.

(NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES October 5, 2022

ORDER OF RESOLUTIONS

Res. 576-22: ACCEPTS A GRANT OF PUBLIC ACCESS AND PRESERVATION EASEMENT FROM KULEANA SPIRITS, INC., TAX MAP KEY: 5-5-006:010 (Area: 43.854 Acres)

Provides for the preservation of pedestrian and vehicular public access along the makai property boundary to align with the historic Hoʻea Road in North Kohala.

Reference: Comm. 1037

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

Approve: PC-80

Res. 577-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR SERVICES TO INSPECT AND IDENTIFY MAINTENANCE AND REPAIR REQUIREMENTS OF LAND MOBILE RADIO SITE INFRASTRUCTURE FOR THE CIVIL DEFENSE AGENCY

Authorizes the Mayor to enter into a three-year agreement with an approximate annual cost of $50,000.

Reference: Comm. 1042

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

Approve: FC-216

Res. 579-22: CREATES ONE NEW HUMAN RESOURCES PROGRAM SPECIALIST POSITION FOR THE DEPARTMENT OF HUMAN RESOURCES

Establishes a Program Specialist SR-24 position for the Recruitment and Examinations Division.

Reference: Comm. 1044

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

Approve: FC-217

Res. 580-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR MANAGED SERVICES FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY

Authorizes the Mayor to enter into a three-year agreement with Hawaiian Telcom for cybersecurity protection, with an approximate monthly cost of $3,088.20.

Reference: Comm. 1045

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

Approve: FC-218

Res. 584-22: AMENDS RESOLUTION 743-20 AUTHORIZING THE PLANNING DEPARTMENT TO AWARD FUNDS TO VARIOUS NONPROFIT ORGANIZATIONS THROUGH THE KĪLAUEA RECOVERY GRANT PROGRAM

Amends Exhibit A to change the fiscal sponsor for Vacationland Hawaiʻi Community Association to Men of Paʻa.

Reference: Comm. 1049

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

Approve: FC-219

Res. 586-22: 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 BIG ISLAND LIONS FOUNDATION TO SUPPORT THE DOWNTOWN HILO CHRISTMAS LIGHTS PARADE

Transfers $3,500 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public

Programs account.

Reference: Comm. 1055

Intr. by: Ms. Kimball

Res. 587-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MAKUA LANI CHRISTIAN ACADEMY TO ASSIST WITH EXPENSES FOR ITS AEROSPACE MERIDIAN SPACE CLUB IN KONA

Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 1056

Intr. by: Mr. Inaba

Res. 588-22: 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 FOOD BASKET, INC., TO PURCHASE FOOD FOR ITS KONA WAREHOUSE AT NA KAHUĀ HALE O ULUWINI

Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Office of Housing and Community Development, Transfer to Housing Fund account.

Reference: Comm. 1057

Intr. by: Mr. Inaba

Res. 589-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ARTS AND SCIENCE CENTER FOR EXPENSES FOR THE NĀNĀWALE COMMUNITY ENGAGEMENT EVENT

Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public

Programs account.

Reference: Comm. 1061

Intr. by: Ms. Kierkiewicz

Res. 590-22: 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 NORTH HAWAI‘I HERITAGE FOUNDATION FOR THE HONOKA‘A RENAISSANCE FAIRE

Transfers $5,000 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. 1062

Intr. by: Ms. Kimball

Res. 591-22: 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 EDUCATION ARTS REPERTORY THEATRE TO PURCHASE EQUIPMENT AND SUPPLIES FOR ITS EDUCATIONAL AND MENTORSHIP PROGRAMS

Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.

Reference: Comm. 1063

Intr. by: Mr. Chung

Res. 592-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HO‘OULU LĀHUI FOR EXPENSES RELATING TO ITS GENKI HOU PROJECT

Transfers $2,750 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. 1064

Intr. by: Ms. David

Res. 596-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KELI‘I WILLIAM IOANE LEGACY FOUNDATION FOR THE 2022 MAKAHIKI COMMUNITY CELEBRATION

Transfers $3,100 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. 1075

Intr. by: Ms. Lee Loy

Res. 597-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HO‘OULU LĀHUI TO ASSIST WITH EXPENSES ASSOCIATED WITH ITS WAIHONU RESTORATION PROGRAM AT LILI‘UOKALANI GARDENS

Transfers $2,650 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. 1076

Intr. by: Ms. Lee Loy

Res. 600-22: 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 ASSIST WITH EXPENSES FOR A MAKAHIKI EVENT TO BE HELD AT THE UNIVERSITY OF HAWAI‘I AT HILO

Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.

Reference: Comm. 1080

Intr. by: Mr. Chung

Res. 601-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAI‘I FOR ITS REENTRY AND RECOVERY HOUSING PROGRAM

Transfers $5,000 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. 1081

Intr. by: Mr. Chung

Res. 602-22: 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 ALOHA CLUB OF HILO FOR EXPENSES RELATED TO THE 2022 HALE ‘OLUEA CLUBHOUSE HOLIDAY EVENT

Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 1083

Intr. by: Mr. Chung

BILLS FOR ORDINANCES (FIRST READING)

Bill 156: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX VALUATION; CONSIDERATIONS IN FIXING

Establishes that the value of property classified as apartment, hotel and resort, commercial, industrial, agricultural or native forests, or conservation cannot be assessed by the County at more than 15 percent than the previous year’s assessed value for that property.

Reference: Comm. 739

Intr. by: Ms. Lee Loy

Negative: FC-220 (Due to a vote of 2-ayes, 7-noes)

Bill 204: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL – ONE ACRE (FA-1a) AT KAILUA-KONA, NORTH KONA, HAWAIʻI, COVERED BY TAX MAP KEY: 7-5-017:043

(Applicant: Siting Chen) (Area: 14.968 Acres)

The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to apply for a subdivision of the parcel into 11 lots of at least one acre. The property is located on the south side of Hualālai Road, approximately 0.6 miles east of its intersection with Queen Kaʻahumanu Highway, Waiʻaha 1st, Puapuaʻanui 1st in North Kona.

Reference: Comm. 952

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

Approve: PC-81

Bill 220: (Draft 2)

AMENDS CHAPTER 14 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO LICENSES TO CARRY CONCEALED AND UNCONCEALED FIREARMS WITHIN THE COUNTY

Establishes a new article that includes Sensitive Places where the licensed carrying of a firearm would not be allowed, that the licensed carry of a firearm while intoxicated is prohibited, that upon contact with law enforcement the licensee must notify the enforcement officer of the possession of a licensed firearm and present the license for inspection, and that a license may be revoked by the Chief of Police for one year for any violation of the terms of this new article.

Reference: Comm. 1022.75

Intr. by: Mr. Chung

Approve: PRPSC-39

Bill 222: AMENDS SECTION 25-8-19 (NORTH 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 AGRICULTURAL – 20 ACRES (A-20a) TO FAMILY AGRICULTURAL – ONE ACRE (FA-1a) AT ʻOʻŌKALA, NORTH HILO, HAWAIʻI, COVERED BY TAX MAP KEYS: 3-9-001:023, AND 031 (Applicant: Leonard Cardoza Trust) (Area: 15.404 Acres)

The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to apply to subdivide the property into seven lots. The property is located to the north (makai) of Māmalahoa Highway, approximately 270 feet east of its intersection with Milo Street, Portion of Humuʻula and ʻOʻōkala, in North Hilo.

Reference: Comm. 1031

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

Approve: PC-82

Bill 223: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023

Adds the Environmental Management Hilo Waste Water Treatment Plant Upgrades – State Revolving Funds project ($17 million) to the Capital Budget. Funds for these projects shall be provided from State Revolving Funds ($17 million), and would be used for improvements to the wastewater treatment plant in Hilo.

Reference: Comm. 1038

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

Approve: FC-221

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

Bill 224: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023

Adds the Planning Kona Open Space Network Plan – Fair Share project ($250,000) to the Capital Budget. Funds for this project shall be provided from Fair Share Contributions ($250,000), and would be used to enhance opportunities for residents and visitors to engage in recreational, educational, subsistence, and gathering activities.

Reference: Comm. 1039

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

Approve: FC-222

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

Bill 225: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF $17,000,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I

The issuance of General Obligation Bonds would serve as security for the repayment of funds loaned to the County via the State Revolving Fund program.

Reference: Comm. 1040

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

Approve: FC-223

Bill 226: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Appropriates revenues in the Federal Grants – State Homeland Security Program Fiscal Year 2018 account ($26,057.96); and appropriates the same to the State Homeland Security Program Fiscal Year 2018 account. The funds would be used by the Civil Defense Agency for its Hilo Emergency Operations Center Enhancement Project.

Reference: Comm. 1041

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

Approve: FC-224

Bill 227: AMENDS CHAPTER 19, ARTICLE 13, SECTION 19-104 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY SOLAR WATER HEATER TAX CREDIT

Eliminates eligibility for the tax credit when the installation of a solar water heater is required by law and increases the tax credit from $300 to $400.

Reference: Comm. 1050

Intr. by: Mr. Chung

Approve: FC-225

Bill 235: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Increases revenues in the Federal Grants – Volunteer Fire Assistance account ($66,120); and appropriates the same to the Volunteer Fire Assistance – Federal account, bringing the total appropriation to $156,120. The additional funds would be used for volunteer fire assistance.

Reference: Comm. 1070

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

Waived: FC

Bill 236: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Increases revenues in the Federal – Emergency Rent Assistance 2 COVID-19 account ($15,000,000) and Interest – Other Federal account ($75,000); and appropriates the same to the Emergency Rent Assistance 2 COVID-19 account ($11,250,000) and Emergency Rent Assistance 2 Admin COVID-19 account ($3,825,000). The additional funds would be used to assist eligible households at risk of experiencing homelessness or housing instability resulting from the COVID-19 pandemic.

Reference: Comm. 1071

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

Waived: FC

ORDER OF THE DAY (SECOND OR FINAL READING)

Bill 207: AMENDS SECTION 25-8-15 (HĀMĀKUA DISTRICT 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 SINGLE-FAMILY RESIDENTIAL – 15,000 SQUARE FEET (RS-15) AT HONOKAʻA, HĀMĀKUA, HAWAI‘I, COVERED BY TAX MAP KEYS: 4-5-010:136 and 4-5-024:010

(Applicant: Lehua Village Partners, LLC) (Area: Approx. 14.322 acres)

The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to downzone the property to develop a Planned Unit Development by reducing the number of lots in the Lehua Villages from 60 to 40 lots. Lehua Village 1 would consist of 20 lots to be sold at rates pursuant to affordable housing guidelines, and Lehua Village 2 would consist of 20 lots to be sold at market rates. The properties straddle the east and west sides of Lehua Street, north (makai) of the Hawai‘i Belt Road and south (mauka) of the Honokaʻa Park complex, portion of Papaʻanui and Haina in Hāmākua.

Reference: Comm. 973

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

First Reading: October 19, 2022

Bill 212: AMENDS THE PARKS AND RECREATION FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY RENAMING THE PĀHOA DISTRICT PARK IN THE PUNA REGION, THE “WILLIAM ‘BILLY’ KENOI PARK,” IN HONOR OF WILLIAM “BILLY” PUNAPAIAʻALAIKAHALA KENOI

Reference: Comm. 1003

Intr. by: Ms. Kierkiewicz

First Reading: October 19, 2022

; and

Comm. 1003.3: From Council Member Ashley L. Kierkiewicz, dated October 21, 2022, transmitting proposed amendments to Bill 212.

Bill 213: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Appropriates revenues in the Federal Grants – Workforce Innovation & Opportunity Act (WIOA) account ($1,647,337); and appropriates the same to the following 2022-2023 WIOA accounts: Administration Planning ($164,734); Adult Program ($615,398); Dislocated Worker Program ($277,263); and Youth Program ($589,942), bringing the total appropriation to $1,647,337. Funds would be used by the Department of Research and Development to assist adults, dislocated workers, and youths by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy.

Reference: Comm. 1011

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

First Reading: October 19, 2022

Bill 214: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Increases revenues in the Federal Grants – Hawai‘i County Roadblock Program account ($62,578.20); and appropriates the same to the Hawaiʻi County Police Department Roadblock Program account, bringing the total appropriation to $487,578.20. The additional funds would be used by the Police Department to reduce the number of drivers operating a vehicle while impaired.

Reference: Comm. 1012

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

First Reading: October 19, 2022

Bill 215: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Increases revenues in the Federal Grants – Occupant Protection Program account ($24,966); and appropriates the same to the Occupant Protection Program account, bringing the total appropriation to $148,966. The additional funds would be used by the Police Department for seatbelt and child safety enforcement projects.

Reference: Comm. 1013

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

First Reading: October 19, 2022

Bill 216: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Increases revenues in the Federal Grants – Hawaiʻi County Police Department Data Grant account ($1,400); and appropriates the same to the Hawaiʻi County

Police Department Data Grant account, bringing the total appropriation to $74,400. The additional funds would be used to establish a statewide traffic data system and ensure compliance with national standards.

Reference: Comm. 1014

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

First Reading: October 19, 2022

Bill 217: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Appropriates revenues in the Federal Grants – Hawaiʻi County Police Department 2023 Special Traffic Enforcement Patrol Grant account ($574,234); and appropriates the same to the Hawaiʻi County Police Department 2023 Special Traffic Enforcement Patrol Grant account. Funds would be used for the department’s Distracted Driving, Traffic Services, and Speed Enforcement programs.

Reference: Comm. 1015

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

First Reading: October 19, 2022

Bill 219: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023

Adds the Parks and Recreation – Kamakoa Nui Park – Recreation Facilities Expansion project ($2 million) to the Capital Budget. Funds for these projects shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or other Sources ($2 million), and would be used for the development of pickleball and tennis courts at Kamakoa Nui Park in Waikōloa.

Reference: Comm. 1019

Intr. by: Mr. Richards

First Reading: October 19, 2022

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

REPORTS

GOREDC-28 (Comm. 1032): NOMINATION OF RABBI RACHEL SHORT TO THE BOARD OF ETHICS

Requires Council Confirmation by: November 9, 2022 (Section 13-4(k), Hawaiʻi County Charter)

PRPSC-38 (Comm. 1033): NOMINATION OF DYLAN ANDRION TO THE POLICE COMMISSION

Requires Council Confirmation by: November 10, 2022 (Section 13-4(k), Hawaiʻi County Charter)

RAWEEMC-18 (Comm. 1034): NOMINATION OF DELL OTSUKA TO THE ENVIRONMENTAL MANAGEMENT COMMISSION

Requires Council Confirmation by: November 10, 2022 (Section 13-4(k), Hawaiʻi County Charter)

RAWEEMC-19 (Comm. 1035): NOMINATION OF NATALIE REYNOLDS TO THE GAME MANAGEMENT ADVISORY COMMISSION

Requires Council Confirmation by: November 10, 2022 (Section 13-4(k), Hawaiʻi County Charter)

REFERRALS FOR EXECUTIVE SESSION

Comm. 1052: DOMINIC YAGONG V. COUNTY OF HAWAI‘I; CIVIL NO. 3CCV-22-0000234

From Deputy Corporation Counsel Lerisa L. Heroldt, dated October 10, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced lawsuit filed by Frank Jung, Esquire, on behalf of his client Dominic Yagong.

Comm. 1053: KAWAUCHI V. COUNTY OF HAWAI‘I; CIVIL NO. 14-1-000336

From Deputy Corporation Counsel Lerisa L. Heroldt, dated October 10, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced lawsuit filed by Douglas Halsted, Esquire, on behalf of his client Jamae Kawauchi.

Comm. 1058: GEORGE K. YOUNG V. STATE, ET AL.; CASE NO. CV12-00336 From Deputy Corporation Counsel Steven K. Idemoto, dated October 12, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion.

Comm. 1059: MĀLAMA I KE KAI O WAIPI‘O, ET AL. V. ROTH, MITCHELL, ET AL.; CIVIL NO. 3CCV-22-106

From Deputy Corporation Counsel Steven K. Idemoto, dated October 12, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion.

The Council anticipates convening an executive meeting regarding the above matters, 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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If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by October 31, 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.

Agendas and agenda items are available on the County website at www.hawaiicounty.gov. Click on Council Records to navigate to current agendas. 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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