Hawaii County Council will meet Dec. 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, December 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, December 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 Pastor Brian Keiser of Lutheran Church of the Holy Trinity
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 15, 2023
ORDER OF RESOLUTIONS
Res. 358-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO NA MAMO O KĀWĀ
Approves a grant of $123,788 to Na Mamo O Kāwā, a 501(c)(3) nonprofit organization, to continue providing land stewardship and cultural education for properties in Kāwā, Hīlea Nui, and Kaʻalaiki (Tax Map Keys: 9-5-016:006, 025 and 9-5-017:005, 007), pursuant to Section 10-16(h) of the Hawaiʻi County Charter.
Reference: Comm. 592
Intr. by: Ms. Galimba
Approve: LAAC-44
Res. 369-23: AUTHORIZES THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO AWARD FUNDS TO VARIOUS NONPROFIT ORGANIZATIONS FOR PROGRAMS ADDRESSING HOUSING AND HOMELESSNESS
Proposes 22 grant awards to 13 different nonprofit organizations for a total of $9,794,459.33 in funding that was derived from Tier Two property tax revenues.
Reference: Comm. 617
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-45
Res. 373-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NORTH KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES RELATED TO THE MAINTENANCE OF EXERCISE EQUIPMENT AT THE IKUO HISAOKA GYMNASIUM IN KAPA‘AU
Transfers $4,000 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.
Reference: Comm. 629
Intr. by: Ms. Evans
Res. 374-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2024 SUMMER FUN PROGRAM AT THE NĀ‘ĀLEHU COMMUNITY CENTER
Transfers $4,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Summer/Intersession Class/Activities account.
Reference: Comm. 630
Intr. by: Ms. Galimba
Res. 375-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2024 SUMMER FUN PROGRAM AT THE PĀHALA COMMUNITY CENTER
Transfers $4,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Summer/Intersession Class/Activities account.
Reference: Comm. 631
Intr. by: Ms. Galimba
Res. 376-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO ASSIST WITH FUNDING YOUTH ENGAGEMENT EVENTS FOR KEA‘AU MIDDLE SCHOOL IN THE 2023-2024 SCHOOL YEAR
Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 632
Intr. by: Mr. Kānealiʻi-Kleinfelder
Res. 377-23: 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 HAWAI‘I ISLAND VETERANS MEMORIAL INC. TO ASSIST WITH EXPENSES TO DISPLAY THE WALL THAT HEALS, A MOBILE REPLICA OF THE VIETNAM VETERANS MEMORIAL LOCATED IN WASHINGTON, D.C.
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.
Reference: Comm. 633
Intr. by: Mr. Inaba
Res. 378-23: 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 WAVE RIDERS AGAINST DRUGS TO ASSIST WITH EXPENSES ASSOCIATED WITH THE WEST HAWAI‘I COMMUNITY BEACH CLEANUP
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 634
Intr. by: Mr. Inaba
Res. 379-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ISLAND VETERANS MEMORIAL INC. TO DISPLAY THE WALL THAT HEALS
Transfers $2,000 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. 635
Intr. by: Ms. Kagiwada
Res. 380-23: 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 DAUGHTERS OF HAWAI‘I TO ASSIST WITH IRRIGATION SYSTEM REPAIRS TO PRESERVE THE ROYAL BANYAN TREE AT HULIHE‘E PALACE
Transfers $4,800 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 636
Intr. by: Ms. Villegas
Res. 381-23: 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 HAWAI‘I ISLAND VETERANS MEMORIAL INC. FOR EXPENSES RELATED TO THE WALL THAT HEALS EXHIBIT
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.
Reference: Comm. 637
Intr. by: Ms. Kierkiewicz
Res. 382-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ISLAND VETERANS MEMORIAL INC. FOR THE WALL THAT HEALS EXHIBIT
Transfers $2,000 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. 638
Intr. by: Ms. Kimball
Res. 386-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF BIOASTIN SUPPLEMENTS TO THE HAWAI‘I FIRE DEPARTMENT
The donation from Cyanotech Corporation, with an estimated value of $18,208, would be utilized by firefighters to support their physical fitness and health.
Reference: Comm. 644
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 387-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE TO ASSIST WITH EXPENSES RELATED TO THE FRIENDLY FRIDGE RESCUE FOOD PROGRAM IN KAMUELA
Transfers $3,900 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 645
Intr. by: Ms. Evans
Res. 388-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I WILDFIRE MANAGEMENT ORGANIZATION TO ASSIST WITH EXPENSES RELATING TO ITS WILDFIRE HOME RISK ASSESSMENT PROGRAM
Transfers $5,500 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Hawai‘i Fire Department, Fire Operations Other Current Expenses account.
Reference: Comm. 646
Intr. by: Ms. Evans
BILLS FOR ORDINANCES (FIRST READING)
Bill 82: (Draft 3) AMENDS CHAPTER 2, ARTICLE 9, SECTION 2-40 AND ADDS A NEW ARTICLE TO CHAPTER 14 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO IMPROVING, GRADING, REPAIRING, OR CONSTRUCTION WORK UPON PRIVATE, NONDEDICATED, AND NON-SURRENDERED ROADS
Allows for entities who are authorized to make legal decisions regarding private, nondedicated, and non-surrendered roads that are open to the general public and necessary for public transportation to request that the County improve, grade, repair, or perform other construction work upon such roads.
Reference: Comm. 496.47
Intr. by: Mr. Kānealiʻi-Kleinfelder
Approve: PCHSW-6
Bill 102: (Draft 2) AMENDS CHAPTER 14 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO THE PROHIBITION OF FLAVORED TOBACCO PRODUCTS Prohibits retailers from selling, offering to sell, marketing, displaying, or advertising for sale any product made of or derived from tobacco or nicotine that imparts a taste or smell other than the taste or smell of tobacco. Includes a prospective effective date of 42 days after the day that State law governing the sale of tobacco products is either repealed or suspended.
Reference: Comm. 593.4
Intr. by: Ms. Lee Loy
Approve: PCHSW-7
Bill 103: (Draft 2) AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY NAMING THE BALLFIELD AT THE DR. FRANCIS F. C. WONG STADIUM IN THE HOʻOLULU COMPLEX THE “JAMES “JIMMY” CORREA BALLFIELD” IN HONOR OF JAMES “JIMMY” CORREA
Reference: Comm. 599.15
Intr. by: Ms. Kierkiewicz and Ms. Lee Loy
Approve: PCHSW-8
Bill 105: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, SCHEDULE 28, AND SECTION 24-281, SCHEDULE 29 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NO PARKING AT ANYTIME UPON CERTAIN STREETS OR PORTION OF STREETS AND PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS
Adds a provision to prohibit parking at anytime and provisions to prohibit parking between the hours of 8:00 p.m. and 5:00 a.m. for portions of Aliʻi Drive that front Pāhoehoe Beach Park.
Reference: Comm. 607
Intr. by: Ms. Lee Loy (B/R)
Approve: PCIA-4
Bill 106: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024
Adds the Public Works Federal Highway Administration Māmalahoa Highway Rehabilitation Part 2 – Kamalani Street to Kalamauka Road – Federal Project ($3,000,000) to the Capital Budget. Funds for this project shall be provided from the Federal Grants Receivable Fund, and would be used for paving and resurfacing.
Reference: Comm. 608
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-118
Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter
Bill 107: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024
Adds the Public Works Puna Makai Alternate Route Study – County Project ($500,000) and the Puna Makai Alternate Route Study – State Project ($1,000,000) to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or other Sources ($500,000) and State Grants Receivable ($1,000,000), to identify an alternate route to relieve traffic congestion and increase evacuation capacity, if needed.
Reference: Comm. 609
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-119
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 100: 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 Federal Grants – Fiscal Year 2023 Volunteers in Service to America Support Grant account ($50,000); and appropriates the same to the Fiscal Year 2023 Volunteers in Service to America Support Grant account. Funds would be used to provide community-based training and regional education to VISTA personnel.
Reference: Comm. 579
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: December 6, 2023
Bill 101: (Draft 2) AMENDS SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – 3 ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL – 20,000 SQUARE FEET (RS-20) AT HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 2-4-079:002
(Applicant: Constance Imamura) (Area: 23,012 square feet)
The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into two lots to accommodate an existing dwelling. The property is located at 1212 West Kawailani Street, Waiākea Homesteads, South Hilo.
Reference: Comm. 590.2
Intr. by: Mr. Inaba (B/R)
First Reading: December 6, 2023
REPORTS
GOEAC-85 (Comm. 610):
REAPPOINTMENT OF JUSTIN ACKERMAN TO THE GAME MANAGEMENT ADVISORY COMMISSION
Requires Council Confirmation by: December 30, 2023 (Section 13-4(k), Hawaiʻi County Charter)
GOEAC-86 (Comm. 611): NOMINATION OF DEAN AU TO THE LEEWARD PLANNING COMMISSION
Requires Council Confirmation by: December 29, 2023 (Section 13-4(k), Hawaiʻi County Charter)
GOEAC-87 (Comm. 612): NOMINATION OF JIM BEETS TO THE ENVIRONMENTAL MANAGEMENT COMMISSION
Requires Council Confirmation by: December 29, 2023 (Section 13-4(k), Hawaiʻi County Charter)
GOEAC-88 (Comm. 613): NOMINATION OF JAMES LEE TO THE WATER BOARD
Requires Council Confirmation by: December 29, 2023 (Section 13-4(k), Hawaiʻi County Charter)
GOEAC-89 (Comm. 614): NOMINATION OF ALAN OKINAKA TO THE BANYAN DRIVE HAWAIʻI REDEVELOPMENT AGENCY
GOEAC-90 (Comm. 615): NOMINATION OF NONA WILSON TO THE BANYAN DRIVE HAWAIʻI REDEVELOPMENT AGENCY
GOEAC-91 (Comm. 616): REAPPOINTMENT OF PAUL “SCOTTY” PAIVA TO THE BOARD OF ETHICS
Requires Council Confirmation by: December 30, 2023 (Section 13-4(k), Hawaiʻi County Charter)
GOEAC-92 (Comm. 621): APPOINTMENT OF DEANNA S. SAKO AS MANAGING DIRECTOR
Requires Council Confirmation by: March 1, 2024 (Section 13-8, Hawaiʻi County Charter)
GOEAC-93 (Comm. 622):
APPOINTMENT OF DIANE NAKAGAWA AS FINANCE DIRECTOR
Requires Council Confirmation by: March 1, 2024 (Section 13-8, Hawaiʻi County Charter)
OTHER BUSINESS
(Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.)
Comm. 620.1: RESOLUTION NO. 372-23 – REQUEST FOR RECONSIDERATION From Council Member Rebecca Villegas, dated December 13, 2023, requesting that Resolution No. 372-23 be reconsidered pursuant to Council Rule No. 14.
; and
Res. 372-23: AUTHORIZES: (1) THE HIRING OF SCHLACK ITO, A LIMITED LIABILITY LAW COMPANY, AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAI‘I IN HUI MALĀMA HONOKŌHAU V. COUNTY OF HAWAI‘I, CIVIL NO. 1:23-CV-00393; AND (2) THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI YEAR AGREEMENT WITH SPECIAL COUNSEL FOR THE COUNTY’S LEGAL DEFENSE IN HUI MALĀMA HONOKŌHAU V. COUNTY OF HAWAI‘I, CIVIL NO. 1:23-CV-00393
Authorizes the Mayor to enter into a multi-year agreement with Schlack Ito to provide legal services, with expenses not to exceed $200,000.
Reference: Comm. 620
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Adopted: December 6, 2023
Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawai‘i County Charter
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 December 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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