Hawaii County Council will meet Jan. 10.
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 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, January 9, 2024.
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, January 9, 2024, 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 Rimban Kazunori Takahashi of Honpa Hongwanji Hilo Betsuin
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) COMMUNICATIONS
Comm. 657: REPORT OF ATTENDANCE OF COUNCIL MEMBERS KAGIWADA, KIMBALL, AND LEE LOY AT THE KAMEHAMEHA SCHOOLS MEETING HELD AT ITS KEA‘AU CAMPUS ON DECEMBER 11, 2023, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 92-2.5(e)
From Council Member Jenn Kagiwada, dated December 11, 2023.
ORDER OF RESOLUTIONS
Res. 383-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR AN INDEPENDENT AUDITOR(S)
Authorizes the Chair of the County Council to enter into a five-year agreement with an independent auditor, to be determined by the Request for Proposal process, to provide an annual audit of accounts and other financial transactions of the County.
Reference: Comm. 640
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-120
; and
Comm. 640.1: From Managing Director Deanna Sako, dated December 22, 2023, transmitting proposed amendments to Res. 383-23.
Res. 384-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Allows for the receipt of $13,000,000 of federally-derived funds to be applied towards the renovations to the Hilo Memorial Hospital, located at 34 Rainbow Drive, South Hilo.
Reference: Comm. 641
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-121
; and
Comm. 641.1: From Finance Director Deanna Sako, dated December 29, 2023, transmitting proposed amendments to Res. 384-23.
Res. 385-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT
Seeks to form the Hawai‘i Statewide Economic Development District to enhance regional collaboration and access to federal funding.
Reference: Comm. 643
Intr. by: Ms. Evans (B/R)
Approve: GOEAC-96
Res. 392-24: 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 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.
Reference: Comm. 650
Intr. by: Ms. Lee Loy
Res. 394-24: 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 DISPLAY THE WALL THAT HEALS
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. 652
Intr. by: Ms. Galimba
Res. 395-24: AUTHORIZES THE FRIENDS OF FIRST RESPONDERS TO USE CONTINGENCY RELIEF FUNDS FROM COUNCIL DISTRICT 5, PREVIOUSLY AWARDED BY RESOLUTION NO. 232-23, FOR A FIRST RESPONDERS TRAINING IN WEST HAWAI‘I
Funds would be used to cover expenses for refreshments, brochures, facility rental, and guest speakers.
Reference: Comm. 653
Intr. by: Mr. Kānealiʻi-Kleinfelder
Res. 396-24: 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 DISPLAY THE WALL THAT HEALS
Transfers $2,000 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. 654
Intr. by: Ms. Villegas
Res. 397-24: 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 DANIEL R. SAYRE MEMORIAL FOUNDATION TO PURCHASE FIREFIGHTER CHAIRS AND A TELEVISION FOR THE HAWAI‘I FIRE DEPARTMENT’S KAILUA FIRE STATION IN WEST HAWAI‘I
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Hawai‘i Fire Department, Fire Operations Other Current Expenses account.
Reference: Comm. 655
Intr. by: Mr. Inaba
Res. 398-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PETFIX SPAY AND NEUTER FOR A REIMBURSEMENT OF EXPENSES FOR ITS SPAY AND NEUTER CLINIC
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Business Development account.
Reference: Comm. 656
Intr. by: Ms. Kagiwada
Res. 403-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF “GRATIS SHIPMENT” TO THE HAWAI‘I FIRE DEPARTMENT
The donation from Young Brothers, with an estimated approximate value of $16,486, would reduce the cost of shipping emergency response vehicles donated to Hawai‘i County from the City and County of Honolulu.
Reference: Comm. 667
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 404-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A SHADE CLOTH TO THE DEPARTMENT OF PARKS AND RECREATION
The donation from Kona Aquatics, with an estimated value of $39,000, would be installed at the Kona Community Aquatics Center.
Reference: Comm. 668
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 405-24: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO AWARD FUNDS TO HAWAI‘I ISLAND VETERAN’S MEMORIAL, INC.
Provides grant funds in the amount of $45,000 to be used towards the “The Wall That Heals – Hawai‘i County” project.
Reference: Comm. 669
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
BILLS FOR ORDINANCES (FIRST READING)
Bill 108: (Draft 2)
AMENDS CHAPTER 2, ARTICLE 49, SECTION 2-271; CHAPTER 37, ARTICLE 1, SECTIONS 37-1-2 AND 37-1-3; AND CHAPTER 37, ARTICLE 2, SECTION 37-2-21, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SUSTAINABILITY, CLIMATE, EQUITY, AND RESILIENCE
Adds definitions for “trauma” and “trauma informed,” and incorporates the concept of applying a “trauma informed approach” to the application of and access to critical resources and support for the County’s most vulnerable populations.
Reference: Comm. 626.5
Intr. by: Ms. Lee Loy
Approve: GOEAC-97
Bill 109: INITIATES AN AMENDMENT TO AMEND ARTICLE XIII, SECTION 13-8 OF THE HAWAI‘I COUNTY CHARTER (2022 EDITION), RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS
Proposes to revise the County Charter to require the Mayor to appoint department heads within 30 days of taking office and within 60 days of any vacancy occurring during the Mayor’s term of office, and further that the department head shall not take office until confirmed by the County Council.
Reference: Comm. 627
Intr. by: Mr. Inaba and Ms. Villegas
Approve: GOEAC-98
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai‘i County Charter
Bill 110: AMENDS CHAPTER 14 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO ESTABLISHING A REGISTRY OF INFORMATION FOR THE PURPOSE OF NOTIFYING PROPERTY OWNERS OF VANDALISM, IMMEDIATE HAZARDS, OR DISASTERS
Requires owners of real property, or a designated agent of an absentee property owner, to provide to the County the property owner or designated agent’s name, mailing address, telephone number, and email address to allow the County to distribute the contact information amongst County departments and agencies for the purpose of notifying the property owner or agent of potential or existing harmful impacts to the property due to vandalism, immediate hazards, emergencies or disasters.
Reference: Comm. 639
Intr. by: Ms. Kierkiewicz
Approve: PCHSW-9
Bill 111: 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 – Community Project Funding-Hilo Memorial Hospital Renovation account ($13,000,000); and appropriates the same to the Community Project Funding-Hilo Memorial Hospital Renovation account to be applied towards the renovations to the Hilo Memorial Hospital, located at 34 Rainbow Drive, South Hilo.
Reference: Comm. 641
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-122
Bill 112: 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 Federal Grants – State Homeland Security Program Fiscal Year 2023 account ($80,000); and appropriates the same to the State Homeland Security Program Fiscal Year 2023 account for a total appropriation of $780,000. Funds would be used by the Civil Defense Agency to enhance community preparedness and resilience, support law enforcement evidence storage and warehousing, and add vehicles for law enforcement personnel and Civil Defense emergency response.
Reference: Comm. 642
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-123
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 82: (Draft 4)
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. 496.53
Intr. by: Mr. Kānealiʻi-Kleinfelder
First Reading: December 20, 2023
; and
Comm. 496.54: From Council Member Matt Kānealiʻi-Kleinfelder, dated December 22, 2023, transmitting proposed amendments to Bill 82, Draft 4. 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
First Reading: December 20, 2023
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
First Reading: December 20, 2023
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)
First Reading: December 20, 2023
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)
First Reading: December 20, 2023
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)
First Reading: December 20, 2023
Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter
REPORTS
GOEAC-90 (Comm. 615):
NOMINATION OF NONA WILSON TO THE BANYAN DRIVE HAWAIʻI REDEVELOPMENT AGENCY
Postponed: December 20, 2023
(Note: There is a motion by Ms. Lee Loy, seconded by Mr. Inaba, to confirm Ms. Wilson’s nomination to the Banyan Drive Hawai‘i Redevelopment Agency.)
GOEAC-94 (Comm. 624):
NOMINATION OF BRIAN CUSHNIE TO THE FIRE COMMISSION
Requires Council Confirmation by: January 13, 2024 (Section 13-4(k), Hawaiʻi County Charter)
GOEAC-95 (Comm. 625):
NOMINATION OF ERICA PEREZ TO THE ENVIRONMENTAL MANAGEMENT COMMISSION
Requires Council Confirmation by: January 13, 2024 (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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