Hawaii County Council will meet March 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, March 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, March 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
Hawai‘i County Council-7 March 8, 2023
INVOCATION Pastor Chris Czarnecki of First United Protestant 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 February 8, 2023
ORDER OF RESOLUTIONS
Res. 57-23: URGES THE HAWAI‘I STATE LEGISLATURE TO AMEND CHAPTER 457J, HAWAI‘I REVISED STATUTES, RELATING TO MIDWIVES, TO PERMANENTLY EXEMPT BIRTH ATTENDANTS FROM STATE LICENSURE REQUIREMENTS AND TO EXPAND THE ELIGIBILITY CRITERIA FOR MIDWIFERY LICENSURE
Supports the passage of Senate Bill No. 1047 and House Bill No. 955.
Reference: Comm. 104
Intr. by: Ms. Kagiwada and Ms. Kierkiewicz
Approve: GOEAC-20
Res. 58-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF TRANSPORTATION
Allows for the receipt of $1,765,000, which would be used to purchase battery electric buses.
Reference: Comm. 105
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-23
Res. 64-23: 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 EXPENSES FOR ITS 1925 MONUMENT PROJECT
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 126
Intr. by: Ms. Villegas
Res. 65-23: 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 PROJECT AT THE HAROLD H. HIGASHIHARA PARK
Transfers $10,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.
Reference: Comm. 127
Intr. by: Ms. Villegas
Res. 66-23: 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 SOCIETY FOR KONA’S EDUCATION AND ART FOR EXPENSES RELATING TO THE NATURE AND ART AS THERAPY WORKSHOPS BY ROOT AND RISE HAWAI‘I
Transfers $4,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 128
Intr. by: Ms. Galimba
Res. 67-23: 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 $2,500 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. 129
Intr. by: Ms. Galimba
Res. 68-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KONA ALOHA SINGERS TO ASSIST WITH EXPENSES FOR ITS REHEARSALS AND CONCERT PERFORMANCES IN KONA
Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 130
Intr. by: Mr. Inaba
Res. 69-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO
PŌHĀHĀ I KA LANI
Approves a grant of $61,056 to Pōhāhā I Ka Lani, a 501(c)(3) nonprofit organization, to protect, preserve, and restore the Waipiʻo Valley Lookout in Hāmākua (Tax Map Key: 4-8-004:006), pursuant to Section 10-16(h) of the Hawaiʻi County Charter.
Reference: Comm. 131
Intr. by: Ms. Kimball
Waived: LAAC
Res. 72-23: CREATES FORTY-FIVE NEW POSITIONS FOR THE NEW ANIMAL CONTROL AND PROTECTION AGENCY
Provides approval to create positions in preparation for the establishment of a new County agency.
Reference: Comm. 137
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 73-23: REAFFIRMS THE COUNTY OF HAWAIʻI’S COMMITMENT TO DIVERT ON-ISLAND WASTE TO SUSTAINABLY PROCESS CARBON-NEGATIVE CEMENT, BIOCHAR, GREEN HYDROGEN, AND RECLAIMS WATER TO HELP ACHIEVE ITS GOALS RELATED TO CLIMATE RESILIENCY, RENEWABLE ENERGY, SUSTAINABLE AGRICULTURE, AND ZERO WASTE
Reference: Comm. 138
Intr. by: Mr. Kānealiʻi-Kleinfelder
Waived: PCCRRA
Page 5
Hawai‘i County Council-7 March 8, 2023
BILLS FOR ORDINANCES (FIRST READING)
Bill 230: (Draft 2) (2020-2022)
PROVIDES FOR THE ESTABLISHMENT OF THE COUNTY OF HAWAI‘I DOWNTOWN HILO BUSINESS IMPROVEMENT DISTRICT NO. 2, AS AUTHORIZED BY CHAPTER 35 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO BUSINESS IMPROVEMENT DISTRICTS
Proposes the formation of a Business Improvement District to finance certain supplemental public safety, sanitation, landscaping, and maintenance services and infrastructure improvements in Downtown Hilo, to be funded by assessments on 313 commercial properties within the district boundaries at an assessed rate of $1.50 for every $1,000 of “Total Net Taxable Value” of each parcel of land, for a total estimated budget of $367,000 for the first operating year of the proposed Business Improvement District.
Reference: Comm. 1060.11
Intr. by: Ms. Kimball
Approve: FC-228
Postponed: November 16 and December 21, 2022
Public Hearing: February 7, 2023 (recessed to February 24, 2023)
(Note: There is a motion by Mr. Chung, seconded by Mr. Inaba, to pass Bill 230, as amended, on first reading.)
Bill 24: AMENDS SECTION 25-8-33 (CITY OF 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 – THREE ACRES (A-3a) TO SINGLE-FAMILY RESIDENTIAL – 15,000 SQUARE FEET (RS-15) AT HILO, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 2-4-003:035
(Applicant: Matthew C. Wung and Eric J. Wung) (Area: 3.1285 Acres)
The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into five lots ranging in size from 20,080 to 45,363 square feet. The property is located at 862 West Kawailani Street, approximately 1,000 feet west of its intersection with Komohana Street, Waiākea, South Hilo.
Reference: Comm. 97
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-11
Bill 25: 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 Grants – Volkswagen Settlement – Hawaiʻi Zero Emission Bus account ($1,765,000); and appropriates the same to the Volkswagen Settlement – Hawaiʻi Zero Emission Bus account for the purchase of battery electric buses.
Reference: Comm. 105
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-24
Bill 26: 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 State Grants – Kua Bay account ($100,000) and the West Hawaiʻi Ocean Safety account ($76,402); and appropriates the same to the Kua Bay – State Equipment account ($100,000), bringing the total appropriation to $580,000; and the Hapuna Beach – State Equipment account ($76,402), bringing the total appropriation to $995,505.
Reference: Comm. 106
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-25
ORDER OF THE DAY (SECOND OR FINAL 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
First Reading: February 22, 2023
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
First Reading: February 22, 2023
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
First Reading: February 22, 2023
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)
First Reading: February 22, 2023
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)
First Reading: February 22, 2023
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
First Reading: February 22, 2023
; and
Comm. 91.39: From Council Member Jenn Kagiwada, dated February 28, 2023, transmitting a proposed amendment to Bill 22, Draft 2.
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)
First Reading: February 22, 2023
Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i 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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