Hawaii County Council will meet July 26

Hawaii County Council will meet July 26.

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 locations:

• Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa‘au; and

• 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, July 25, 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, July 25, 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 Jason Meechan of Kona Faith Center

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)

ORDER OF RESOLUTIONS

Res. 196-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LICENSE AGREEMENT OF REAL PROPERTY FOR THE COUNTY OF HAWAIʻI DEPARTMENT OF PARKS AND RECREATION WITH EDMUND C. OLSON TRUST, OWNER OF TAX MAP KEY: 2-6-008:026 IN HILO, HAWAIʻI

Authorizes the Mayor to enter into a 10-year license agreement commencing on August 1, 2023, and ending on July 31, 2033, for a yearly fee of one dollar for the installation of fencing to restrict access of feral pigs and other wild animals.

Reference: Comm. 333

Intr. by: Ms. Kimball

Approve: LAAC-24

Res. 199-23: URGES GOVERNOR JOSH GREEN, M.D., TO ISSUE AN EMERGENCY PROCLAMATION TO PROVIDE RELIEF FOR DAMAGES, LOSSES, AND SUFFERING AND TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE PEOPLE AFFECTED BY THE HAZARDOUS CONDITIONS AT THE PROPERTY FORMERLY KNOWN AS UNCLE BILLY’S HILO BAY HOTEL

Seeks to expedite the removal of blighted structures that pose a risk to the community based on numerous fires, squatters, illegal activity, and security issues that were reported since its closure in 2017.

Reference: Comm. 339

Intr. by: Ms. Lee Loy

Approve: GOEAC-56

Res. 200-23: 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 RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO SUPPORT THE 37TH ANNUAL BIG ISLAND PRO-AM SURFING TRIALS EVENT

Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Other Current Expenses account.

Reference: Comm. 356

Intr. by: Ms. Kagiwada

Res. 205-23: 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 RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 37TH ANNUAL BIG ISLAND PRO-AM SURFING TRIALS

Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 366

Intr. by: Ms. Kimball

Res. 206-23: APPROVES THE NOMINATION OF MEMBERS TO THE NATIONAL ASSOCIATION OF COUNTIES (NACo) BOARD OF DIRECTORS AND THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS

Requests the Council’s approval of the following slates of officers: NACo – KipuKai Kualiʻi, Kauaʻi County; Tommy Waters, City and County of Honolulu; and Ashley L. Kierkiewicz, Hawai‘i County; and WIR – Shane Sinenci, Maui County, and Susan L. K. Lee Loy, Hawaiʻi County; for terms beginning on July 1, 2023.

Reference: Comm. 368

Intr. by: Ms. Kimball

Waived: GOEAC

BILLS FOR ORDINANCES (FIRST READING)

Bill 51: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS

Amends Section 24-256, Schedule 3 by adding Kalanianaʻole Street, James Kealoha Park Access Road to Leleiwi Street to decrease the speed limit from 30 to 25 miles per hour, and removes the same from Section 24-256, Schedule 4.

Reference: Comm. 321

Intr. by: Ms. Lee Loy

Approve: PCIA-1

Bill 57: AMENDS CHAPTER 19, ARTICLES 1 AND 7, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NONDEDICATED AGRICULTURAL USE ASSESSMENTS

Seeks to implement recommendations of the Real Property Tax Review Working Group and Agricultural Committee’s September 2019 Final Report and the 2021 Annual Report of the Real Property Tax Board of Review by establishing a sunset date for the definition of “Nondedicated agricultural use assessment” and for Section 19-57 of the Hawaiʻi County Code.

Reference: Comm. 369

Intr. by: Ms. Kimball and Ms. Galimba

Waived: FC

Bill 58: AMENDS CHAPTER 19, ARTICLES 1 AND 7, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMUNITY FOOD SUSTAINABILITY USE ASSESSMENTS

Seeks to implement recommendations of the Real Property Tax Review Working Group and Agricultural Committee’s September 2019 Final Report and the 2021 Annual Report of the Real Property Tax Board of Review by adding a new definition for “Community food sustainability use” and establishing a new section titled “Community food sustainability use assessment.”

Reference: Comm. 370

Intr. by: Ms. Kimball and Ms. Galimba

Waived: FC

ORDER OF THE DAY (SECOND OR FINAL READING)

Bill 44: (Draft 3)

AMENDS CHAPTER 19, ARTICLES 1 AND 7, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMUNITY FOOD SUSTAINABILITY USE ASSESSMENTS AND NONDEDICATED AGRICULTURE USE ASSESSMENTS

Seeks to implement recommendations of the Real Property Tax Review Working Group and Agricultural Committee’s September 2019 Final Report and the 2021 Annual Report of the Real Property Tax Board of Review by: establishing a sunset date for the definition of “Nondedicated agricultural use assessment”; adding a new definition for “Community food sustainability use”; establishing a sunset date for Section 19-57 of the Hawaiʻi County Code; and establishing a new section titled “Community food sustainability use assessment”.

Reference: Comm. 218.6

Intr. by: Ms. Kimball and Ms. Galimba

Postponed: May 17, 2023

First Reading: June 21, 2023

Postponed: July 6, 2023

(Note: There is a motion by Ms. Kimball, seconded by Ms. Galimba, to pass Bill 44, Draft 2, as amended, on second and final reading.)

Bill 52: REPEALS ORDINANCE NO. 98-63, WHICH AMENDED ORDINANCE NO. 95-70, AND REPEALS ORDINANCE NO. 95-70, WHICH AMENDED SECTION 25-86 (NORTH AND SOUTH KONA DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-TWENTY ACRES (A-20a) TO AGRICULTURAL-ONE ACRE (A-1a), AGRICULTURAL-THREE ACRES (A-3a), AGRICULTURAL TWO HUNDRED ACRES (A-200a), AGRICULTURAL-TWO HUNDRED FIFTY-FIVE ACRES (A-255a), AND AGRICULTURAL – EIGHT THOUSAND ACRES (A-8000a) AT KEALAKEKUA, KILOA, WAIPUNAULA, KALAMA KUMU, AND KALAMAKOWALI, SOUTH KONA, HAWAIʻI, COVERED BY TAX MAP KEYS: 8-2-012:001, 012, 014 (POR.), 015, AND 8-2-001:101 (FORMERLY TAX MAP KEYS: 8-2-012:012 AND A PORTION OF 001)

(Planning Director Initiated) (Area: Approx. 11,185.708 acres)

Due to the lack of quorum, the Leeward Planning Commission forwards its unfavorable recommendation to repeal the change of zoning district clarification for five parcels located approximately 1.2 miles east of the Hawaiʻi Belt Road in the vicinity of Greenwell Mountain Road and extending approximately 8.6 miles further east. The repeal would revert the zoning of these lands back to the Agricultural 20-acres (A-20a) zoning district.

Reference: Comm. 326

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

First Reading: July 6, 2023

REPORTS

GOEAC-55

(Comm. 335):

OTHER BUSINESS

NOMINATION OF TREY LIVINGSTON TO THE LEEWARD PLANNING COMMISSION

Requires Council Confirmation by: July 29, 2023 (Section 13-4(k), Hawaiʻi County Charter)

(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 July 24, 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.

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