Hawaii County Council will meet Jan. 25.
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.
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, January 24, 2023.
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, January 24, 2023, 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 Brian Keiser of Lutheran Church of the Holy Trinity
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 December 21, 2022
ORDER OF RESOLUTIONS
Res. 20-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR PROFESSIONAL GRANT MANAGEMENT SERVICES FOR THE
HAWAIʻI FIRE DEPARTMENT
Authorizes the Mayor to enter into a multi-year agreement with CNC Consulting from August 29, 2022 through November 28, 2024, with a cost not to exceed $30,000.
Reference: Comm. 17
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-1
Res. 21-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT
Transfers $2,500 from the Liquor Control/Public Programs account; and credits to the Sundry Refund account, to complete the return of prior year Contingency Relief funds from the Department of Liquor Control.
Reference: Comm. 22
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-2
Res. 22-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO KOHANAIKI ‘OHANA
Approves a grant of $20,380 to Kohanaiki ʻOhana, a 501(c)(3) nonprofit organization, to protect, preserve, and restore the ‘O‘oma Beach property in North Kona (Tax Map Key: 7-3-009:004), pursuant to Section 10-16(h) of the Hawaiʻi County Charter.
Reference: Comm. 23
Intr. by: Mr. Inaba
Approve: LAAC-1
Res. 23-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO PŌHĀHĀ I KA LANI
Approves a grant of $39,710 to Pōhāhā I Ka Lani, a 501(c)(3) nonprofit organization, to protect, preserve, and restore the Waipiʻo Valley Lookout property in Hāmākua (Tax Map Key: 4-8-004:006), pursuant to Section 10-16(h) of the Hawai‘i County Charter.
Reference: Comm. 24
Intr. by: Ms. Kimball
Approve: LAAC-2
Res. 24-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE FOOD BASKET
Provides grant funds in the amount of $91,500, to cultivate fresh produce, reduce food waste, increase the volume of fruits and vegetables diverted to local food assistance programs, expand the consumption of local agricultural products, deepen engagement with Hawaiʻi Island’s food system, and heighten the program’s sustainability.
Reference: Comm. 25
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-3
Res. 25-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO HUI MĀLAMA I KE ALA ‘ŪLILI
Provides grant funds of $100,000, to establish a community resilience hub in Pa‘auilo to address the current and future needs for food systems, a sustainable economy, and community care.
Reference: Comm. 26
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-4
Res. 26-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO LA‘I‘ŌPUA 2020
Provides grant funds of $100,000, to support the Ho‘okahua Food Preservation Project that will teach food preservation techniques, encourage the community to buy local produce, and support a food program for qualified students in West Hawaiʻi.
Reference: Comm. 27
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-5
Res. 30-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF THE ATTORNEY GENERAL PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY
Allows for the receipt of $75,000, which would be used to cover overtime expenses incurred by multi-agency law enforcement to follow-up on persons ordered by the court to surrender firearms.
Reference: Comm. 37
Intr. by: Ms. Evans (B/R)
Approve: GOEAC-7
Res. 31-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE EDITH KANAKA‘OLE FOUNDATION
Provides grant funds of $90,525, to support the KIPA (Known Indigenous Perspectives and Alignment) Business Cultural Training program.
Reference: Comm. 38
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-6
Res. 32-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE EDITH KANAKA‘OLE FOUNDATION
Provides grant funds of $100,000, to support the Kukulu ka Pahukapu Program and advance Responsible Tourism and Pono-Based Communication.
Reference: Comm. 39
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-7
Res. 33-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE KOHALA CENTER
Provides grant funds of $87,047, to support the Pūlama Kahalu‘u: Supporting Ongoing Stewardship Program.
Reference: Comm. 40
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-8
Res. 34-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HUMAN SERVICES
Allows for the receipt of $2 million which would be used to support new and existing programs that connect individuals and families experiencing homelessness to appropriate services and resources.
Reference: Comm. 47
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-3
Res. 35-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE SEWER CLEANING TRUCK FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $9,000.
Reference: Comm. 48
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-4
Res. 36-23: 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 RISE FOUNDATION TO ASSIST WITH EXPENSES RELATING TO THE 27TH ANNUAL KWXX HO‘OLAULE‘A
Transfers $4,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 51
Intr. by: Ms. Kierkiewicz
Res. 37-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR MAINTENANCE AND/OR IMPROVEMENT PROJECTS ALONG HILO BAYFRONT TRAILS IN COUNCIL DISTRICT 2
Transfers $5,750 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account.
Reference: Comm. 52
Intr. by: Ms. Kagiwada
Res. 38-23: 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 PURCHASE AND INSTALLATION OF A WATER BOTTLE FILLING STATION
Transfers $4,015 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 61
Intr. by: Ms. Lee Loy
Res. 39-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF UP TO TEN PALLET SHELTER UNITS FOR THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT
This donation from the County of Maui with an estimated value of $70,000 would be used as emergency shelters to address homelessness.
Reference: Comm. 62
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 40-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR SUBLEASE OF REAL PROPERTY (WAREHOUSE) FOR THE OFFICE OF THE COUNTY CLERK, ELECTIONS DIVISION
Authorizes the Mayor to enter into a five-year sublease agreement with Men’s Shop, Inc., for 3,000 square feet of warehouse space located at 210 Maka‘ala Street, at an approximate monthly cost of $1,953.
Reference: Comm. 63
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
BILLS FOR ORDINANCES (FIRST READING)
Bill 239: (2020-2022)
AMENDS CHAPTER 15, ARTICLE 1 AND ARTICLE 2, DIVISION 1 AND DIVISION 2, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE OPERATION OF PARKS AND RECREATIONAL AREAS
Sets hours of operation for all parks, beach parks, cemeteries, and recreation facilities, and amends provisions for prohibited activities in park areas.
Reference: Comm. 1085
Intr. by: Mr. Inaba (B/R)
Approve: PCHSW-1
Bill 240: (2020-2022)
AMENDS CHAPTER 15, ARTICLE 2, DIVISION 1, SECTION 15-26, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO USE OF VEHICLES AND PARKING RESTRICTIONS AT COUNTY PARKS AND RECREATIONAL FACILITIES
Clarifies and adds provisions for the parking of vehicles at County parks and recreational facilities.
Reference: Comm. 1086
Intr. by: Mr. Inaba (B/R)
Approve: PCHSW-2
Bill 241: (2020-2022)
AMENDS CHAPTER 15, ARTICLE 4, SECTION 15-39, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO CAMPING AND TRAILER AREAS
Clarifies provisions for the parking of recreational vehicles and camper units at County beach parks.
Reference: Comm. 1087
Intr. by: Mr. Inaba (B/R)
Approve: PCHSW-3
Bill 242: (2020-2022)
AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE
Adds and removes parks and cemeteries, consolidates certain parks under a single park, adds geographical categories of park locations, and adds tax map key parcel identifiers.
Reference: Comm. 1088
Intr. by: Mr. Inaba (B/R)
Approve: PCHSW-4
Bill 3: 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
Appropriates excess fuel tax revenues collected from 2020-2022 by establishing the following fuel tax program appropriations to the Capital Budget: Roadway Projects (Engineering) ($252,043.47); Bridge Inspection, Repair and Replacement Program (Engineering) ($177,913.04); and Local Road Improvements (Highways) ($429,956.52), for a total appropriation of $859,913.03.
Reference: Comm. 18
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-5
Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter
Bill 4: AMENDING ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023
Reappropriates lapsed fuel tax funds from prior fiscal years by establishing the following fuel tax program appropriations to the Capital Budget: Roadway Projects (Engineering) ($1,288,729.07); Bridge Inspection, Repair and Replacement Program (Engineering) ($15,892.03); and Local Road Improvements (Highways) ($214,385.57), for a total appropriation of $1,519,006.67.
Reference: Comm. 19
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-6
Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter
Bill 5: 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 Public Works Kalanianaʻole Avenue Reconstruction - Private project ($100,000) to the Capital Budget. Funds for this project shall be provided from Private Contributions.
Reference: Comm. 20
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-7
Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter
Bill 6: 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
Appropriates the eighth increment of the fuel tax revenues established by Resolution No. 504-08 and collected from 2022-2024 to the following programs: Roadway Projects - Engineering ($2 million); Bridge Inspection, Repair and Replacement Program - Engineering ($1.4 million); and Local Road Improvements - Highway ($3.4 million), for a total appropriation of $6.8 million.
Reference: Comm. 21
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-8
Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter
Bill 8: AMENDS CHAPTER 15, ARTICLE 7, SECTION 15-62, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE MEMBERSHIP OF THE VETERANS ADVISORY COMMITTEE
Removes the Disabled American Veterans’ representative and increases at-large membership from seven to eight members.
Reference: Comm. 29
Intr. by: Ms. Lee Loy
Approve: PCHSW-5
Bill 9: AMENDS CHAPTER 11, ARTICLE 1, SECTION 11-19, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING
Requires that all affordable housing agreements be submitted to the Council by the Housing Administrator within 30 calendar days following the date of execution, and quarterly activity reports beginning on March 1, 2023.
Reference: Comm. 30
Intr. by: Mr. Inaba and Ms. Kimball
Approve: PCPLUD-1
; and
Comm. 30.1: From Council Members Holeka Goro Inaba and Heather L. Kimball, dated January 18, 2023, transmitting a proposed amendment to Bill 9.
Bill 10: 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 – National Instant Criminal Background Check System Act Record Improvement Program ($75,000); and appropriates the same to the National Instant Criminal Background Check System Act Record Improvement Program account. Funds would be used to cover overtime expenses incurred by multi-agency law enforcement to follow-up on persons ordered by the court to surrender firearms.
Reference: Comm. 37
Intr. by: Ms. Evans (B/R)
Approve: GOEAC-8
Bill 11: 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 State – 2022 Ohana Zone Funding account ($2 million); and appropriates the same to the 2022 ʻOhana Zone Funding – Program account ($1,800,000); and 2022 ʻOhana Zone Funding – Administration account ($200,000). Funds would be used to support new and existing programs that connect individuals and families experiencing homelessness to appropriate services and resources.
Reference: Comm. 47
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-9
REPORTS
GOEAC-1 (Comm. 41): REAPPOINTMENT OF AARON SPIELMAN TO THE HAWAI‘I COUNTY CULTURAL RESOURCES COMMISSION
GOEAC-2 (Comm. 42): REAPPOINTMENT OF AUSTIN GRIFFEY TO THE GAME MANAGEMENT ADVISORY COMMISSION
Requires Council Confirmation by: January 28, 2023 (Section 13-4(k), Hawaiʻi County Charter)
GOEAC-3 (Comm. 43): REAPPOINTMENT OF GERALD KOSAKI TO THE FIRE COMMISSION
Requires Council Confirmation by: January 28, 2023 (Section 13-4(k), Hawaiʻi County Charter)
GOEAC-4 (Comm. 44): REAPPOINTMENT OF DEBORAH CHANG TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION
Requires Council Confirmation by: January 28, 2023 (Section 2-215(j), Hawaiʻi County Code)
GOEAC-5 (Comm. 45): NOMINATION OF SAMUEL NELSON TO THE SALARY COMMISSION
Requires Council Confirmation by: January 28, 2023 (Section 13-4(k), Hawaiʻi County Charter)
GOEAC-6 (Comm. 46): NOMINATION OF DR. DAWOOD Y. FARAHI TO THE SALARY COMMISSION
Requires Council Confirmation by: January 28, 2023 (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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