Hawaii County Council will meet Sept. 20

Hawaii County Council will meet Sept. 20.

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, September 19, 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, September 19, 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

August 2, 2023

August 16, 2023

ORDER OF RESOLUTIONS

Res. 234-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR AN ENTERPRISE RESOURCE PLANNING SYSTEM

Authorizes the Mayor to enter into a 10-year agreement at an estimated annual cost of $2,200,000, for a software system used for accounting, procurement, project management, risk and compliance management, and supply chain operations.

Reference: Comm. 415

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

Approve: FC-68

Res. 235-23: CREATES ONE NEW BATTALION CHIEF AND THREE NEW FIRE HELICOPTER PILOT POSITIONS FOR THE HAWAI‘I COUNTY FIRE DEPARTMENT

Establishes new pilot positions necessary to transition away from contracting services and adds a Battalion Chief position for the Emergency Operations Division.

Reference: Comm. 416

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

Approve: FC-69

Res. 236-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR EMPLOYMENT CONTRACTS FOR THE PLANNING DEPARTMENT

Authorizes the Mayor to enter into four-year contracts for seven positions to deliver recovery efforts from the 2018 Kīlauea Eruption, to be funded with disaster recovery sources.

Reference: Comm. 418

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

Approve: FC-70

Res. 237-23: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A MULTI YEAR LEASE OF REAL PROPERTY, A PORTION OF THE LILY YOSHIMATSU SENIOR CENTER, SITUATED AT WAIMEA, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAIʻI, IDENTIFIED AS TAX MAP KEY: 6-7-002:025, TO THE WAIMEA ARTS COUNCIL

Allows for the Waimea Arts Council to lease a portion of the premises to be used for art education, art shows, art sales, fundraisers, and administrative purposes.

Reference: Comm. 419

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

Approve: LAAC-31

Res. 242-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF PICKLEBALL SUPPLIES TO THE DEPARTMENT OF PARKS AND RECREATION

The donation from David Molenaar, with an estimated value of $1,926, would be used at the Pāpa‘aloa Park.

Reference: Comm. 428

Intr. by: Ms. Kimball

Waived: FC

Res. 243-23: 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 BIG ISLAND LIONS FOUNDATION TO SUPPORT THE DOWNTOWN HILO CHRISTMAS LIGHTS PARADE

Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 429

Intr. by: Ms. Lee Loy

Res. 244-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HULIAUAPA‘A FOR THE REVITALIZATION OF THE WAHI KŪPUNA KAHALU‘U FIELD SYSTEM

Transfers $6,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 430

Intr. by: Ms. Villegas

Res. 245-23: 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 AQUATICS CLUB, INC., TO PURCHASE AND REPLACE SHADE CANOPIES AT THE KONA COMMUNITY AQUATIC CENTER

Transfers $5,000 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. 431

Intr. by: Ms. Villegas

Res. 246-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH EXPENSES RELATING TO THE 67TH ANNUAL HAWAI‘I STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE

Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Police Department, Police Administration Division-Other Current Expenses account.

Reference: Comm. 432

Intr. by: Ms. Kagiwada

Res. 247-23: 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 BIG ISLAND LIONS FOUNDATION TO SUPPORT THE DOWNTOWN HILO CHRISTMAS LIGHTS PARADE

Transfers $3,000 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. 433

Intr. by: Ms. Kagiwada

Res. 248-23: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST THE BIG ISLAND INVASIVE SPECIES COMMITTEE WITH EXPENSES TO CONTROL THE YELLOW HIMALAYAN RASPBERRY IN UPPER PUNA

Transfers $7,500 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. 434

Intr. by: Mr. Kānealiʻi-Kleinfelder

Res. 249-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE POLICE DEPARTMENT WITH EXPENSES RELATING TO THE 67TH ANNUAL HAWAI‘I STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE

Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Police Department, Police Administration Division-Other Current Expenses account.

Reference: Comm. 436

Intr. by: Ms. Kimball

Res. 250-23: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2023 HAWAI‘I ISLAND VETERANS DAY PARADE

Transfers $500 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account.

Reference: Comm. 437

Intr. by: Ms. Kagiwada

Res. 251-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SUSTAINABLE ENERGY HAWAI‘I FOR THE BIG ISLAND ELECTRIC VEHICLE ASSOCIATION’S HE ALA PONO ELECTRIC VEHICLE AND SUSTAINABILITY FAIR

Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Energy account.

Reference: Comm. 438

Intr. by: Ms. Kagiwada

Res. 252-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE POLICE DEPARTMENT WITH EXPENSES RELATING TO THE 67TH ANNUAL HAWAI‘I STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE

Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Police Department, Police Administration Division-Other Current Expenses account.

Reference: Comm. 439

Intr. by: Ms. Villegas

Res. 254-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PĀPA‘ALOA ALL HALLOW’S EVE COMMUNITY EVENT

Transfers $1,700 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account.

Reference: Comm. 444

Intr. by: Ms. Kimball

Res. 257-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PURCHASE AND INSTALLATION OF PLANTER BOXES AT PĀPA‘ALOA ELDERLY HOUSING

Transfers $8,300 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Office of Housing and Community Development, Transfer to Housing Fund account.

Reference: Comm. 450

Intr. by: Ms. Kimball

Res. 258-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PILIKULĀIWI FALL INTERSESSION PROGRAM

Transfers $1,800 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account.

Reference: Comm. 451

Intr. by: Ms. Kimball

Res. 259-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE WIDE FORMAT PLOTTER/SCANNER FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $250, to be used by the department’s Wastewater Division’s Administration office in Hilo.

Reference: Comm. 452

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

Waived: FC

Res. 260-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE PLANNING DEPARTMENT

Authorizes the Mayor to enter into a two-year lease agreement with an approximate monthly cost of $250, to be used by the department’s Disaster Recovery Division’s Community Development Block Grant Disaster Recovery team in Hilo.

Reference: Comm. 453

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

Waived: FC

Res. 261-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR TWO MULTI-FUNCTION PRINTERS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Authorizes the Mayor to enter into five-year lease agreements with an approximate monthly cost of $250 for each printer, to be used by the department’s Wastewater Division’s Hilo Treatment Plant and Administrative Office.

Reference: Comm. 454

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

Waived: FC

Res. 262-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TWO TOMMY LIFT GATES WITH INSTALLATION TO THE HAWAI‘I POLICE DEPARTMENT

The donation from Vibrant Hawai‘i, with an estimated value of $14,440, would be used by Area I and Area II of the department’s Community Policing Section.

Reference: Comm. 455

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

Waived: FC

BILLS FOR ORDINANCES (FIRST READING)

Bill 49: (Draft 3)

INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE HAWAI‘I COUNTY CHARTER (2022 EDITION), RELATING TO VACANCY IN OFFICE

Adds an exception to the process of filling vacancies on the County Council by providing that a vacant County Council district seat shall be filled by the person elected to serve the upcoming Council term, if that vacancy occurs or exists after the incoming Council Member was elected.

Reference: Comm. 305.18

Intr. by: Ms. Evans

Approve: GOEAC-73

2/3 Vote: First of three required readings,

Section 15-1(a), Hawai‘i County Charter

Postponed: September 6, 2023

(Note: There is a motion by Ms. Evans, seconded by Mr. Inaba, to pass Bill 49, Draft 3, on first reading.)

Bill 61: AMENDS SECTION 25-8-19 (NORTH HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – TWENTY ACRES (A-20a) TO AGRICULTURAL – FIVE ACRES (A-5a) AT ‘ŌʻŌKALA, NORTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 3-9-001:024

(Applicant: Dennis Schmitz) (Area: 20.027 acres)

The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to request the subdivision of the property into four lots, each approximately five acres in size. The property is located north (makai) of Old Māmalahoa Highway approximately 270 feet east of its intersection with Milo Street.

Reference: Comm. 388

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

Approve: LAAC-30

Postponed: September 6, 2023

(Note: There is a motion by Mr. Inaba, seconded by Ms. Lee Loy, to pass

Bill 61 on first reading; and a subsidiary motion by Mr. Inaba, seconded by Ms. Villegas, to amend Bill 61 with the contents of Comm. 388.1.)

; and

Comm. 388.1: From Council Member Holeka Goro Inaba, dated September 1, 2023, transmitting proposed amendments to Bill 61.

; and

Comm. 388.2: From Council Member Holeka Goro Inaba, dated September 7, 2023, transmitting proposed amendments to Bill 61.

; and

Comm. 388.3: From Council Chair Heather L. Kimball, dated September 7, 2023, requesting an executive meeting to consult with Corporation Counsel on questions and issues pertaining to the Council’s powers, duties, privileges, immunities, and liabilities regarding Bill 61.

Bill 64: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2024

Increases revenues in Fund Balance From Previous Year account ($8,903,560.97); and appropriates the same to the Housing Production account to fund successful proposals for affordable housing production.

Reference: Comm. 417

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

Approve: FC-71

ORDER OF THE DAY (SECOND OR FINAL READING)

Bill 62: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2024

Appropriates revenues in the State Grants – Food Access Plan Resource Coordination Grant account ($49,942); and appropriates the same to the Food Access Plan Resource Coordination Grant account, which would be used to identify partnerships, project funding, and other available resources to establish and implement a Food Access Plan.

Reference: Comm. 390

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

First Reading: September 6, 2023

Bill 65: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2024

Appropriates revenues in the Animal Control Private Contributions account ($10,000); and appropriates the same to the Animal Control Private Contributions account, which would be used to purchase capacity-building equipment and supplies to provide services island-wide.

Reference: Comm. 420

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

First Reading: September 6, 2023

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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If you need an auxiliary aid/service or other accommodation due to a disability, call (808) 961-8255 as soon as possible, preferably by September 18, 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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