HomeMy WebLinkAboutAGE COUNCIL 2021-02-03 2020-2022MAILE MEDEIROS DAVID
Chair & Presiding Officer
AARON S. Y. CHUNG
Vice Chair
5'h Session
JNt-4 OF hljy
COUNTY COUNCIL
County of Hawaii
Hawai `i County Building
25 Aupuni Street
Hilo, Hawaii 96720
ORDER OF BUSINESS
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
February 3, 2021
9:00 a.m.
Hawaii County Clerk 01/28/2021 01:40:02 PM
HOLEKA GORO INABA
MATT KANEALI`I-KLEINFELDER
ASHLEY L. KIERKIEWICZ
HEATHER L. KIMBALL
SUSAN L. K. LEE LOY
HERBERT M. "TIM" RICHARDS, III
REBECCA VILLEGAS
Pursuant to Governor Ige's most recent proclamation, in order to minimize
physical contact and maximize social distancing, this meeting will
not be open to the public.
Oral Public Testimony: The public may provide oral testimony via Zoom. To register to testify,
please email jean. muramoto(a�hawaiicount �gov or call (808) 961-8255 no later than 12:00 noon on
Tuesday, February 2, 2021.
Written Testimony: The Council encourages the public to submit thoughts, comments, and input via
written testimony. To ensure timely delivery to Council Members prior to the meeting, written
testimony must be submitted before 12:00 noon on the business day prior to the meeting by: (1) email
to counciltestimonyJa�hawaiicountLgov, (2) facsimile to (808) 961-8912; or (3) mail to the County
Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720. All written testimony, regardless of
time of receipt, will be made a part of the permanent record. Please submit separate testimony for
each item.
Live stream of County Council Meetings: Council meetings are available for live viewing. Click on
Council Meetings on the County's homepage at hitp://www.hawaiicouniy.gov.
Hawai `i County is an Equal Opportunity Provider and Employer
Hawaii County Clerk 01/28/2021 01:40:02 PM
Hawaii County Council -5 February 3, 2021
INVOCATION Reverend Daido Baba 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
(NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR)
APPROVAL OF MINUTES
COMMUNICATIONS
December 23, 2020
January 6, 2021
Comm. 53.4: REPORT OF ATTENDANCE OF COUNCIL MEMBERS KIERKIEWICZ,
KIMBALL, AND LEE LOY AT THE VIBRANT HAWAII CEDS ACTION
PLAN MEETING HELD VIA VIDEOCONFERENCING ON JANUARY 14,
2021, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e
From Council Member Heather Kimball, dated January 20, 2021.
ORDER OF RESOLUTIONS
Res. 29-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A
RIGHT -OF -ENTRY AGREEMENT WITH THE UNIVERSITY OF HAWAII,
PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO ACCESS
CERTAIN STATE LANDS WITHIN THE COUNTY OF HAWAII
The agreement would allow the County to enter onto State property, identified as
Tax Map Keys 2-4-056:17 and 2-4-001:167, to repair damages to existing drainage
facilities that were sustained during heavy flooding and other natural disasters.
Reference: Comm. 55
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-2
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February 3, 2021
Res. 30-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A
RIGHT -OF -ENTRY AGREEMENT WITH THE STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES, PURSUANT TO
HAWAII REVISED STATUTES SECTION 46-7, TO ACCESS CERTAIN
STATE LANDS WITHIN THE COUNTY OF HAWAII
The agreement would allow the County to enter onto State property, identified as
Tax Map Key 2-2-029:001, to repair damages to existing drainage facilities that
were sustained during heavy flooding and other natural disasters.
Reference: Comm. 56
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-3
Res. 31-21: 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 OFFICE OF THE
PROSECUTING ATTORNEY
Authorizes the Mayor to enter into a five-year lease agreement, with an
approximate monthly cost of $750.
Reference: Comm. 58
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
Approve: FC -12
Res. 36-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO WAIMEA OUTDOOR
CIRCLE FOR GENERAL MAINTENANCE OF THE ULU LA`AU WAIMEA
NATUREPARK
Transfers $3,800 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. 91
Intr. by: Mr. Richards
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February 3, 2021
Res. 37-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE DEPARTMENT OF LABOR AND INDUSTRIAL
RELATIONS, PURSUANT TO HAWAII REVISED STATUTES
SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY
Funds would be used to assist dislocated workers by providing disaster relief and
humanitarian assistance employment in Hawaii County.
Reference: Comm. 92
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
Waived: FC
Res. 38-21: CREATES ONE NEW PLANNER V POSITION FOR THE DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
The position would assist with identifying areas of growth and development and
laying out master plans for sewer collection systems, wastewater treatment plants,
and solid waste facilities within Hawaii County.
Reference: Comm. 101
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
Waived: FC
Res. 39-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO
AGREEMENTS WITH THE UNITED STATES DEPARTMENT OF
COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION
Allows for the receipt of $2,251,163 of Federally -derived funds, which would be
used towards a Puna Wastewater Statement to conduct a comprehensive
Programmatic Environmental Impact Study, and for a North Kona Sewage Pump
Station and Force Main Project.
Reference: Comm. 102
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
Waived: FC
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BILLS FOR ORDINANCES (FIRST READING)
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February 3, 2021
Bill 13: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2020 TO JUNE 30, 2021
Reappropriates lapsed fuel tax funds from past fiscal years by establishing the
following program appropriation to the Capital Budget:
Kawailani/P6hakulani/Ainaola and Kawailani/`Iwalani Traffic Signals Engineering
Project ($10,546.40).
Reference: Comm. 59
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
Approve: FC -13
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Bill 14: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2020 TO JUNE 30, 2021
Appropriates the seventh increment of the fuel tax revenues established by
Resolution No. 504-08 to the following programs: Roadway Projects -
Engineering ($1.7 million); Bridge Inspection, Repair and Replacement Program -
Engineering ($1.2 million); and Local Road Improvements - Highways
($2.9 million).
Reference: Comm. 60
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
Approve: FC -14
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
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Bill 15: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2020 TO JUNE 30, 2021
Appropriates excess fuel tax revenues collected pursuant to Ordinance 19-7 to the
following programs: Roadway Projects ($27,420.13); Bridge Inspection/Repair
($18,280.08); and Local Road Projects ($45,700.21).
Reference: Comm. 61
Intr. by: Mr. Kdneali`i-Kleinfelder (B/R)
Approve: FC -15
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Bill 19: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30. 2021
Appropriates revenues in the following Federal — Workforce Innovation and
Opportunity Act (WIOA) Disaster Recovery Dislocated Worker Grant (DWG)
accounts: Employment ($67,000) and Education/Training ($427,500); and
appropriates the same to the following WIOA Disaster Recovery DWG accounts
Employment Administration/Planning ($6,700), Employment ($60,300),
Education/Training Administration/Planning ($42,750), and Education/Training
($384,750). Funds would be used to assist dislocated workers by providing
disaster relief and humanitarian assistance employment in Hawaii County.
Reference: Comm. 92
Intr. by: Mr. Kdneali`i-Kleinfelder (B/R)
Waived: FC
; and
Comm. 92.1: From Finance Director Deanna Sako, dated January 22, 2021, transmitting
proposed amendments to Bill 19.
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Bill 20: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2021
Appropriates revenues in the Federal Grants — Economic Development
Administration (EDA) Economic Adjustment Assistance Disaster Recovery
Program account ($2,251,163); and appropriates the same to the EDA Economic
Adjustment Assistance Disaster Recovery Program account. Funds would be used
towards a Puna Wastewater Statement to conduct a comprehensive Programmatic
Environmental Impact Study, and for a North Kona Sewage Pump Station and
Force Main Project.
Reference: Comm. 102
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
Waived: FC
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 6: AMENDS ORDINANCE NO. 10-32 WHICH RECLASSIFIED LANDS BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY
RESIDENTIAL — 1,000 SQUARE FEET (RS -7.5) AND MULTIPLE -FAMILY
RESIDENTIAL — 1,000 SQUARE FEET (RM -1) TO MULTIPLE -FAMILY
RESIDENTIAL — 1,500 SQUARE FEET (RM -1.5) AT KUKUAU 1sT, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-4-025:048, 053 AND 080
(Applicant: Ikaika Ohana; formerly Giampaolo "Paul" Boschetti) (Area: 5.5 Acres)
The Windward Planning Commission forwards its favorable recommendation for
this amendment, which would allow revisions or time extensions to five conditions
to the existing change of zone ordinance. The new applicant proposes to build a
64 -unit affordable housing development with a community center and garden,
laundry facilities, and a 116 -stall parking lot, to be located on Kapiolani Street
across from the Police Department's Hilo Headquarters.
Reference: Comm. 18
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: January 20, 2021
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Bill 7: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2020 TO JUNE 30, 2021
Adds the Public Works Kalaniana`ole Avenue Reconstruction - Private project for
$425,000 to the Capital Budget. Funds for this project shall be provided from
Private Contributions.
Reference: Comm. 22
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
First Reading: January 20, 2021
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Bill 8: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1. 2020 TO JUNE 30. 2021
Adds the Public Works Kalaniana`ole Avenue Reconstruction project for
$10 million to the Capital Budget. Funds for this project shall be provided from
General Obligation Bonds, Capital Projects Fund — Fund Balance and/or other
Sources.
Reference: Comm. 23
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
First Reading: January 20, 2021
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Bill 9: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30. 2021
Appropriates revenues in the following Federal — Foster Youth to Independence
Initiative Voucher accounts: Voucher ($175,000) and Administration ($25,000);
and appropriates the same to the following Foster Youth to Independence Initiative
Voucher accounts: Voucher ($175,000) and Administration ($25,000). Funds
would be used to provide housing assistance to young adults at risk of experiencing
homelessness.
Reference: Comm. 24
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
First Reading: January 20, 2021
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Bill 16: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30. 2021
Appropriates revenues in the Federal Grants — Assistance to Firefighters Grant
(AFG) 2020 COVID-19 Supplemental Grant account ($345,373.33); and
appropriates the same to the AFG 2020 COVID-19 Supplemental Grant account
Funds would be used to purchase personal protective equipment for the Hawaii
Fire Department in response to the COVID-19 pandemic.
Reference: Comm. 63
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
First Reading: January 20, 2021
Bill 17: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30. 2021
Appropriates revenues in the Federal — Emergency Rental Assistance Program
COVID-19 account ($30 million); and appropriates the same to the Emergency
Rental Assistance COVID-19 accounts: Program ($27 million) and Administration
($3 million). Funds would be used to pay rent, utilities, and other housing
expenses for eligible households impacted by the COVID-19 pandemic.
Reference: Comm. 83
Intr. by: Mr. Kaneali`i-Kleinfelder (B/R)
First Reading: January 20, 2021
REPORTS
FC -9 NOMINATION OF LISA ANNE KAMUELA MEHEULA TO THE PUBLIC
(Comm. 70): ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
COMMISSION
Requires Council
Confirmation by: February 6, 2021 (Section 2-215(k),
Hawai `i County Code)
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FC -10 NOMINATION OF GAY MATHEWS TO THE MERIT APPEALS BOARD
(Comm. 76):
Requires Council
Confirmation by: February 19, 2021 (Section 13-4(k),
Hawai `i County Charter)
; and
Comm. 76.1: From Executive Assistant to the Mayor Pomaika`i Bartolome, dated January 22,
2021, correcting the term ending date of Gay Mathews' nomination to
December 31, 2024.
FC -11 NOMINATION OF GABRIELLA CABANAS TO THE MERIT APPEALS
(Comm. 77): BOARD
Requires Council
Confirmation by: February 12, 2021 (Section 13-4(k),
Hawai `i County Charter)
PC -2 APPOINTMENT OF ZENDO KERN AS PLANNING DIRECTOR
(Comm. 44):
Negative
Recommendation: Due to a vote of 4 -ayes, 5 -noes
Requires Council
Confirmation by: February 5, 2021 (Section 13-8,
Hawai `i County Charter)
PC -3 NOMINATION OF RICHARD HENDERSON II TO THE BOARD OF
(Comm. 71): APPEALS
Requires Council
Confirmation by: February 12, 2021 (Section 13-4(k),
Hawai `i County Charter)
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PC -4
(Comm. 78)
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NOMINATION OF DENNIS LIN TO THE WINDWARD PLANNING
COMMISSION
Requires Council
Confirmation by: February 12, 2021 (Section 13-4(k),
Hawai `i County Charter)
; and
Comm. 78.2: From Executive Assistant to the Mayor Pomaika`i Bartolome, dated January 22,
2021, noting the term ending date of Dennis Lin's nomination to be December 31,
2024.
PC -5 NOMINATION OF MICHELLE GALIMBA TO THE WINDWARD
(Comm. 79): PLANNING COMMISSION
PC -6
(Comm. 80)
PRPSC-2
(Comm. 64):
PRPSC-3
(Comm. 65):
Requires Council
Confirmation by: February 19, 2021 (Section 13-4(k),
Hawai `i County Charter)
NOMINATION OF MARK TRAVALINO TO THE LEEWARD PLANNING
COMMISSION
Negative
Recommendation: Due to a vote of 4 -ayes, 5 -noes
Requires Council
Confirmation by: February 19, 2021 (Section 13-4(k),
Hawai `i County Charter)
NOMINATION OF DOUG ESPEJO TO THE LIQUOR COMMISSION
Requires Council
Confirmation by: February 6, 2021 (Section 13-4(k),
Hawai `i County Charter)
NOMINATION OF RILEY SMITH TO THE LIQUOR COMMISSION
Requires Council
Confirmation by: February 6, 2021 (Section 13-4(k),
Hawai `i County Charter)
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PRPSC-4 NOMINATION OF SIDNEY FUKE TO THE LIQUOR CONTROL
(Comm. 66): ADJUDICATION BOARD
Requires Council
Confirmation by: February 6, 2021 (Section 13-4(k),
Hawai `i County Charter)
PRPSC-5 NOMINATION OF HOWARD KELLY TO THE LIQUOR CONTROL
(Comm. 67): ADJUDICATION BOARD
Requires Council
Confirmation by: February 6, 2021 (Section 13-4(k),
Hawai `i County Charter)
PRPSC-6 NOMINATION OF GEORGE R. ROBINSON TO THE POLICE COMMISSION
(Comm. 68):
Requires Council
Confirmation by: February 6, 2021 (Section 13-4(k),
Hawai `i County Charter)
PRPSC-7 REAPPOINTMENT OF JON BERTSCH TO THE POLICE COMMISSION
(Comm. 72):
Requires Council
Confirmation by: February 12, 2021 (Section 13-4(k),
Hawai `i County Charter)
PRPSC-8 REAPPOINTMENT OF MARIA SHON MAGSALIN TO THE FIRE
(Comm. 73): COMMISSION
Requires Council
Confirmation by: February 12, 2021 (Section 13-4(k),
Hawai `i County Charter)
PRPSC-9 NOMINATION OF GENE NAKASHIMA TO THE FIRE COMMISSION
(Comm. 74):
Requires Council
Confirmation by: February 12, 2021 (Section 13-4(k),
Hawai `i County Charter)
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PRPSC-10 NOMINATION OF JOHN HIDUCHICK-NAKAYAMA TO THE VETERAN'S
(Comm. 75): ADVISORY COMMITTEE
PRPSC-11 REAPPOINTMENT OF GEORGE SHERIDAN TO THE VETERAN'S
(Comm. 82): ADVISORY COMMITTEE
RAWEEMC-2 NOMINATION OF BRIAN LEY TO THE GAME MANAGEMENT
(Comm. 69): ADVISORY COMMISSION
Requires Council
Confirmation by: February 6, 2021 (Section 134(k),
Hawai `i County Charter)
RAWEEMC-3 NOMINATION OF STEVEN A. HIRAKAMI TO THE WATER BOARD
(Comm. 81):
Requires Council
Confirmation by: February 19, 2021 (Section 134(k),
Hawai `i County Charter)
REFERRALS FOR EXECUTIVE SESSION
Comm. 90: CHANG Y. AIONA, V, V. COUNTY OF HAWAII; JOHN A. MEDEIROS,
INDIVIDUALLY AND OFFICIAL CAPACITY, CIVIL NO. 16-1-0342K
From Deputy Corporation Counsel Lerisa L. Heroldt, dated January 8, 2021,
requesting an attorney-client confidential discussion to consult with the Council
regarding the above -entitled matter, including a discussion regarding a litigation
filed by Ted H. S. Hong, Esq., on behalf of his client, Chang Y. Aiona, V.
The Council anticipates convening an executive meeting regarding the above matter, pursuant to
Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues
pertaining to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to
Hawaii Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County
Council is necessary to hold an executive meeting.
OTHER BUSINESS
(Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on
agenda items.)
ANNOUNCEMENTS
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Hawaii County Council -5
ADJOURNMENT
Hawaii County Clerk 01/28/2021 01:40:02 PM
February 3, 2021
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.
If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as
possible, preferably by February 1, 2021. If a response is received after February 1, 2021, we will try
to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be
fulfilled. Upon request, this notice is available in alternate formats such as large print, Braille, or
electronic copy.
Council Members will also be present at the Kona Council Chambers, West Hawaii Civic Center,
74-5044 Ane Keohokalole Highway, Building A.
The full text of the agendas is made available on the County website at www.hawaiicounly.gov. Click
on Council Records to navigate to current agendas. For copies of the agenda(s) or questions, please
contact Council Services at 961-8255.
Submitting Video Testimony: Those submitting video testimony may email a complete web address
(url) to videotestimon a, hawaiicouno�.gov before 12:00 noon on the business day prior to the
meeting. The email shall indicate the appropriate Committee or Council meeting, the meeting date,
agenda item (communication, bill, resolution, or report number), and number of testifiers on the video
submittal. Each video submittal shall be limited to a single agenda item. Video submittals may
contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony
will not be played during the meeting; however, it will be distributed to Council Members prior to the
meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate
content or that is not in compliance with Council Rule 13 (Public Statements and Testimony).
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