Hawaii County Council will meet Feb. 22

Hawaii County Council will meet Feb. 22.

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 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 21, 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 21, 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 Kahu Kealoha Ka‘opua of Calvary Community Church in Kona

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 January 25, 2023

ORDER OF RESOLUTIONS

Res. 43-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PŪLAMA ĪA KONA HERITAGE PRESERVATION COUNCIL TO ASSIST WITH EDUCATIONAL EXPENSES FOR ITS 1925 MONUMENT RESTORATION PROJECT IN HŌLUALOA

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. 81

Intr. by: Mr. Inaba

Res. 44-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI, DEPARTMENT OF HEALTH PURSUANT TO HAWAIʻI REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Allows for the receipt of $49,600 in federally derived funds, which would be used to complete a Wastewater Service Area Expansion Feasibility Study.

Reference: Comm. 82

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

Approve: FC-14

Res. 45-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT

Transfers $3,000 from the Liquor Control/Public Programs account; and credits to the Contingency Relief account, to return Contingency Relief funds from the Department of Liquor Control.

Reference: Comm. 84

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

Approve: FC-15

Res. 46-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR SOFTWARE MAINTENANCE AND USER SUPPORT

Authorizes the Mayor to enter into a five-year agreement with Ventiv Technology, Inc. with an approximate cost of $17,094 for the first year and a gradual yearly increase ending at approximately $19,239 for the final year, for maintenance and user support for the Department of Human Resources, Workers’ Compensation Division.

Reference: Comm. 85

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

Approve: FC-16

Res. 47-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF SIX SEMI-TRACTORS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $25,800 for equipment to transfer refuse from the East Hawaiʻi Regional Sort Station to the West Hawaiʻi Sanitary Landfill.

Reference: Comm. 86

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

Approve: FC-17

Res. 48-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF FOUR WALKING FLOOR TRAILERS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $15,600 for equipment to collect and transport refuse.

Reference: Comm. 87

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

Approve: FC-18

Res. 49-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF FOUR COMPACTING REFUSE TRAILERS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $17,600, to replace four trailers used to transport refuse from County Solid Waste transfer stations.

Reference: Comm. 88

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

Approve: FC-19

Res. 51-23: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A SIXTY-FIVE YEAR LEASE WITH THE STATE OF HAWAIʻI FOR THE PURPOSE OF THE DEVELOPMENT AND CONSTRUCTION OF A PUBLIC LIBRARY BY THE HAWAIʻI STATE PUBLIC LIBRARY SYSTEM, SITUATED AT WAIKŌLOA, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAIʻI, AND IDENTIFIED AS TAX MAP KEY: 6-8-041-020 AT A SET LEASE RENTAL AMOUNT OF $0.00 PER YEAR

The property located within the County’s Kamakoa Nui Subdivision is approximately 2.567 acres, and would be used for the purposes of developing, building, and operating a public library.

Reference: Comm. 90

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

Approve: LAAC-10

Res. 52-23: 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 LIONS CLUB OF KONA COMMUNITY FOUNDATION, INC., FOR EXPENSES RELATING TO ITS MAINTENANCE PROJECTS AT THE HAROLD H. HIGASHIHARA PARK

Transfers $2,000 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. 98

Intr. by: Ms. Galimba

Res. 53-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ORCHIDLAND NEIGHBORS FOR ITS FOOD BASKET DISTRIBUTION PROGRAM

Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Agriculture, Other Current Expenses account.

Reference: Comm. 99

Intr. by: Mr. Kānealiʻi-Kleinfelder

Res. 54-23: 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 GRASSROOTS COMMUNITY DEVELOPMENT GROUP TO INCREASE ACCESS FOR DISABLED PERSONS AT THE KURTISTOWN PARK

Transfers $2,500 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. 100

Intr. by: Ms. Kagiwada

Res. 55-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND MEDIATION, INC., FOR ITS PEER MEDIATION PROGRAM

Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account.

Reference: Comm. 102

Intr. by: Ms. Kimball

Res. 56-23: 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 HILO EDUCATION ARTS REPERTORY THEATRE TO PURCHASE EQUIPMENT AND SUPPLIES FOR ITS THEATRE PRODUCTIONS

Transfers $2,500 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. 103

Intr. by: Ms. Kimball

Res. 59-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR SOFTWARE LICENSING

Authorizes the Mayor to enter into a three-year agreement to continue the County’s participation in the Microsoft Enterprise Agreement program to ensure all Microsoft software products remain operational.

Reference: Comm. 109

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

Waived: FC

BILLS FOR ORDINANCES (FIRST READING)

Bill 194: (Draft 3) (2020-2022)

AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-44, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATED TO CONDITIONS ON CHANGE OF ZONE

Provides the County Council exclusive authority to grant an initial time extension for the performance of conditions within a change of zone ordinance and increases the filing fee from $250 to $500 for any request for a time extension, change, or alteration of conditions within a change of zone ordinance.

Reference: Comm. 898.25

Intr. by: Mr. Inaba

Approve: PCPLUD-2

Bill 17: AMENDS CHAPTER 19, ARTICLE 12, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX APPEALS

Amends Section 19-100 and repeals Section 19-101 to make the $50 deposit required for each appeal by a taxpayer to the County of Hawaiʻi Tax Board of Review nonrefundable.

Reference: Comm. 68

Intr. by: Mr. Inaba

Approve: FC-20

Bill 19: REPEALS CHAPTER 6, ARTICLE 2, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO DANCE HALLS

Reference: Comm. 78

Intr. by: Ms. Kagiwada

Approve: PCPLUD-3

Bill 20: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Appropriates revenues in the Federal Grants – Clean Water Act 604(b) account ($49,600), and appropriates the same to the Clean Water Act 604(b) account.

Funds would be used to complete a Wastewater Service Area Expansion Feasibility Study.

Reference: Comm. 82

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

Approve: FC-21

Bill 21: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS

Authorizes the issuance of up to $127,500,000 in General Obligation Bonds to fund certain Capital Improvement Projects including: Construction of Hilo Wastewater Treatment Plant and other facilities; Public Works Repairs and Maintenance

(Aupuni Center Roof and Emergency Communication Center); Parks and Recreation Repairs and Maintenance (ADA Compliance and Pāpaʻaloa State Match); Sewer Pipe Replacement (Kīlauea/Keawe Street); and Animal Control infrastructure.

Reference: Comm. 83

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

Approve: FC-22

Bill 22: (Draft 2)

AMENDS CHAPTER 2, ARTICLE 2; ADDS A NEW ARTICLE TO CHAPTER 2; AND AMENDS CHAPTER 4, ARTICLES 2, 3, 4, AND 9, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO CREATE AN ANIMAL CONTROL AND PROTECTION AGENCY

Establishes an independent agency to provide for the care and maintenance of impounded animals and to fulfill the functions and requirements of Hawai‘i Revised Statutes, Chapters 143 and 711 relating to the protection of animals.

Reference: Comm. 91.38

Intr. by: Ms. Kimball and Ms. Evans

Approve: GOEAC-19

Bill 27: 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 Hilo Bayfront Trails Phase IIA – Federal project ($1,250,000) to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable and would be used to complete the remaining scope of Phase II, including construction of Americans with Disabilities Act compliant parking stalls and a connecting walkway for access to the path that runs from Kumu Street to Pauahi Street.

Reference: Comm. 107

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

Waived: FC

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

ORDER OF THE DAY (SECOND OR FINAL 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)

First Reading: February 8, 2023

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)

First Reading: February 8, 2023

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, and would be used to construct water main improvements.

Reference: Comm. 57

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

First Reading: February 8, 2023

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)

First Reading: February 8, 2023

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)

First Reading: February 8, 2023

REPORTS

GOEAC-11 (Comm. 69):

REAPPOINTMENT OF MARCIA BRINKLEY TO THE VETERANS ADVISORY COMMITTEE

GOEAC-12 (Comm. 70):

REAPPOINTMENT OF DAINA SAIKI TO THE BOARD OF APPEALS

Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaiʻi County Charter)

GOEAC-13 (Comm. 71):

REAPPOINTMENT OF KELLY VALENZUELA TO THE BOARD OF ETHICS

Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaiʻi County Charter)

GOEAC-14 (Comm. 72):

NOMINATION OF MYLES MIYASATO TO THE WINDWARD PLANNING COMMISSION

Negative Recommendation: Due to a vote of 4-ayes, 5-noes

Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaiʻi County Charter)

; and

Comm. 72.5:

From Mayor Mitchell D. Roth, dated February 13, 2023, transmitting Myles Miyasato’s request that his nomination to the Windward Planning Commission be withdrawn.

GOEAC-15 (Comm. 73):

NOMINATION OF CHANTEL PERRIN TO THE WINDWARD PLANNING COMMISSION

Negative Recommendation: Due to a vote of 3-ayes, 6-noes

Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaiʻi County Charter)

GOEAC-16 (Comm. 74):

NOMINATION OF DAVID R. GREENWELL TO THE LIQUOR COMMISSION

Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaiʻi County Charter)

GOEAC-17 (Comm. 75):

NOMINATION OF WIL OKABE TO THE LIQUOR COMMISSION

Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaiʻi County Charter)

GOEAC-18 (Comm. 76):

NOMINATION OF DAVID A. WISEMAN TO THE MERIT APPEALS BOARD

Requires Council Confirmation by: March 5, 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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