Hawaii County Council will meet Feb. 8

Hawaii County Council will meet Feb. 8.

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 location:

• Pāhoa Council Office, 15-2879 Pāhoa Village Road

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, February 7, 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, February 7, 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 Daniel Tomita of Kinoole Baptist Church

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 November 2, 2022

January 5, 2023

ORDER OF RESOLUTIONS

Res. 41-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY DEVELOPMENT GROUP TO ASSIST WITH THE ŌLA‘A SKATE PARK, PHASE 2

Transfers $6,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.

Reference: Comm. 79

Intr. by: Mr. Kānealiʻi-Kleinfelder

Res. 42-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS CHURCH FOR EXPENSES RELATED TO ITS KULEANA PROJECT

Transfers $15,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account.

Reference: Comm. 80

Intr. by: Ms. Kierkiewicz

Res. 50-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF THREE LUCAS COMPRESSION SYSTEM DEVICES AND ACCESSORIES TO THE HAWAI‘I FIRE DEPARTMENT

This donation from the Hilo Medical Center Foundation with an estimated value of $52,761 would be used for emergency treatment involving chest compressions.

Reference: Comm. 89

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

Waived: FC

BILLS FOR ORDINANCES (FIRST READING)

Bill 12: AMENDS SECTION 25-8-6 (KAILUA-HONALU URBAN 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 – FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL – ONE ACRE (FA-1a) AT KEAUHOU, NORTH KONA, HAWAI‘I, COVERED BY TAX MAP KEY: 7-7-008:062 (Applicant: Shawn Maile Nakoa, Esq.) (Area: 5.292 acres)

The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into three lots of at least one acre. The property is located approximately a quarter mile northwest of its intersection with Kamehameha III Road, Pāhoehoe 1st-Kapalaalaea 2nd in North Kona.

Reference: Comm. 50

Intr. by: Mr. Inaba (B/R)

Approve: LAAC-9

Bill 13: 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 Fund Balance from Previous Year account ($300,500); and appropriates the same to the Geothermal Fire Equipment account. Funds would be used to purchase essential fire equipment to be utilized in Pāhoa and other sectors within the lower Puna area.

Reference: Comm. 56

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

Approve: FC-10

Bill 14: 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 Kīlauea Avenue/Keawe Street Rehabilitation – County Department of Water Supply project ($1 million) to the Capital Budget. Funds for this project shall be provided from Capital Contributions – Department of Water Supply account, and would be used to construct water main improvements.

Reference: Comm. 57

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

Approve: FC-11

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

Bill 15: 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 Mass Transit Bus Stop ADA (Americans with Disabilities Act) Compliance – SP&R (State Planning and Research) Federal project ($162,556) and the Kailua-Kona Maintenance Facility – SP&R Federal project ($295,200) to the Capital Budget. Funds for these projects shall be provided from Federal Grants Receivable.

Reference: Comm. 58

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

Approve: FC-12

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

Bill 16: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Decreases revenues in the Fire Volunteer Other Current Expenses account (-$62,500); and appropriates the same to the Fire Volunteer Equipment account ($62,500). Funds would be used to supplement the purchase of a brush truck for a volunteer station.

Reference: Comm. 59

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

Approve: FC-13

ORDER OF THE DAY (SECOND OR FINAL READING)

Bill 239: (Draft 2) (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. 1085.2

Intr. by: Mr. Inaba (B/R)

First Reading: January 25, 2023

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)

First Reading: January 25, 2023

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)

First Reading: January 25, 2023

Bill 242: (Draft 2) (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. 1088.2

Intr. by: Mr. Inaba (B/R)

First Reading: January 25, 2023

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)

First Reading: January 25, 2023

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

Bill 4: 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

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)

First Reading: January 25, 2023

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)

First Reading: January 25, 2023

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)

First Reading: January 25, 2023

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

First Reading: January 25, 2023

Bill 9: (Draft 2)

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. 30.2

Intr. by: Mr. Inaba and Ms. Kimball

First Reading: January 25, 2023

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)

First Reading: January 25, 2023

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)

First Reading: January 25, 2023

REPORTS

GOEAC-9 (Comm. 54):

GOEAC-10 (Comm. 55):

NOMINATION OF CHRISTOPHER HO TO THE BOARD OF ETHICS

Requires Council

Confirmation by: February 18, 2023 (Section 13-4(k), Hawaiʻi County Charter)

NOMINATION OF DESMON HAUMEA TO THE HAWAI‘I COUNTY CULTURAL RESOURCES COMMISSION

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.

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 (808) 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.

If you need an auxiliary aid/service or other accommodation due to a disability, call (808) 961-8255 as soon as possible, preferably by February 6, 2023. 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 (808) 961-8255.

http://hawaiicounty.granicus.com/DocumentViewer.php?file=hawaiicounty_5fb00b62d3c0f9b2ce49f4c67ac0ec19.pdf&view=1

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