HomeMy WebLinkAboutAGE COUNCIL 2023-03-08 2022-2024 ACTIONS HEATHER L.KIMBALL t.,OF p CINDY EVANS
Chan&Presiding Officer ?�N �h+,, MIC.'HELLE M. GALIMBA
JENN KAGIWADA
HOLEKA GORO INABA MATT KANEALI`I-KLEINFELDER
Vice Chair — ASHLEY L.KIERKIEWICZ
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OF NF' SUSAN L.K.LEE LOY
REBECCA VILLEGAS
COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
7th Session
ORDER OF BUSINESS
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
March 8, 2023
9:00 a.m.
Notice is hereby given that the Hawaii County Council will be conducting this meeting via interactive
conference technology (ICT)pursuant to Hawaii Revised Statutes §92-3.5. Council Members will be
participating via ICT at the:
• Kona Council Chambers,West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway,
Building A
Members of the public may also attend from this location.
Public attendance via Courtesy is available at the following location:
• Pahoa Council Office, 15-2879 Pahoa 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,
March 7, 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, March 7, 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, Hawaii, 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
Hawaii County Council-7 March 8,2023
INVOCATION Pastor Chris Czarnecki of First United Protestant Church
CALL TO ORDER 9:00 a.m.
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 February 8, 2023
APPROVED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
ORDER OF RESOLUTIONS
Res. 57-23: URGES THE HAWAII STATE LEGISLATURE TO AMEND CHAPTER 457J,
HAWAII REVISED STATUTES, RELATING TO MIDWIVES, TO
PERMANENTLY EXEMPT BIRTH ATTENDANTS FROM STATE
LICENSURE REQUIREMENTS AND TO EXPAND THE ELIGIBILITY
CRITERIA FOR MIDWIFERY LICENSURE
Supports the passage of Senate Bill No. 1047 and House Bill No. 955.
Reference: Comm. 104
Intr. by: Ms. Kagiwada and Ms. Kierkiewicz
Approve: GOEAC-20
(Vote on Res. 57-23 is on the next page.)
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Hawaii County Council-7 March 8,2023
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Res. 58-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
STATE OF HAWAII DEPARTMENT OF TRANSPORTATION
Allows for the receipt of$1,765,000, which would be used to
purchase battery electric buses.
Reference: Comm. 105
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-23
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Res. 64-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO PULAMA IA KONA
HERITAGE PRESERVATION COUNCIL TO ASSIST WITH EXPENSES FOR
ITS 1925 MONUMENT PROJECT
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 126
Intr. by: Ms. Villegas
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
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Hawaii County Council-7 March 8,2023
Res. 65-23: 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 LIONS CLUB OF KONA
COMMUNITY FOUNDATION INC., FOR EXPENSES RELATING TO ITS
MAINTENANCE PROJECT AT THE HAROLD H. HIGASHIHARA PARK
Transfers $10,000 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. 127
Intr. by: Ms. Villegas
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Villegas,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Lee Loy — 1.
Excused: None.
Res. 66-23: 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 SOCIETY FOR KONA'S
EDUCATION AND ART FOR EXPENSES RELATING TO THE NATURE AND
ART AS THERAPY WORKSHOPS BY ROOT AND RISE HAWAII
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 128
Intr. by: Ms. Galimba
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-7 March 8,2023
Res. 67-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY
DEVELOPMENT GROUP TO ASSIST WITH THE `OLA`A SKATE PARK,
PHASE 2
Transfers $2,500 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. 129
Intr. by: Ms. Galimba
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Res. 68-23: 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 ALOHA SINGERS TO
ASSIST WITH EXPENSES FOR ITS REHEARSALS AND CONCERT
PERFORMANCES IN KONA
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 130
Intr. by: Mr. Inaba
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-7 March 8,2023
Res. 69-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO
POHAHA I KA LANI
Approves a grant of$61,056 to P6h5h5 I Ka Lani, a 501(c)(3) nonprofit
organization, to protect,preserve, and restore the Waipi`o Valley Lookout in
Hamakua(Tax Map Key: 4-8-004:006), pursuant to Section 10-16(h) of the
Hawaii County Charter.
Reference: Comm. 131
Intr. by: Ms. Kimball
Waived: LAAC
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Res. 72-23: CREATES FORTY-FIVE NEW POSITIONS FOR THE NEW ANIMAL
CONTROL AND PROTECTION AGENCY
Provides approval to create positions in preparation for the establishment of a new
County agency.
Reference: Comm. 137
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-7 March 8,2023
Res. 73-23: REAFFIRMS THE COUNTY OF HAWAI`I'S COMMITMENT TO DIVERT
ON-ISLAND WASTE TO SUSTAINABLY PROCESS CARBON-NEGATIVE
CEMENT, BIOCHAR, GREEN HYDROGEN, AND RECLAIMS WATER TO
HELP ACHIEVE ITS GOALS RELATED TO CLIMATE RESILIENCY,
RENEWABLE ENERGY, SUSTAINABLE AGRICULTURE, AND ZERO
WASTE
Reference: Comm. 138
Intr. by: Mr. Kaneali`i-Kleinfelder
Waived: PCCRRA
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-7 March 8,2023
BILLS FOR ORDINANCES (FIRST READING)
Bill 230: PROVIDES FOR THE ESTABLISHMENT OF THE COUNTY OF HAWAII
(Draft 2) DOWNTOWN HILO BUSINESS IMPROVEMENT DISTRICT NO. 2, AS
(2020-2022) AUTHORIZED BY CHAPTER 35 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO BUSINESS
IMPROVEMENT DISTRICTS
Proposes the formation of a Business Improvement District to finance certain
supplemental public safety, sanitation, landscaping, and maintenance services and
infrastructure improvements in Downtown Hilo, to be funded by assessments on
313 commercial properties within the district boundaries at an assessed rate of
$1.50 for every $1,000 of"Total Net Taxable Value" of each parcel of land, for a
total estimated budget of$367,000 for the first operating year of the proposed
Business Improvement District.
Reference: Comm. 1060.11
Intr. by: Ms. Kimball
Approve: FC-228
Postponed: November 16 and December 21, 2022
Public Hearing: February 7, 2023 (recessed to
February 24, 2023)
(Note: There is a motion by Mr. Chung, seconded by Mr. Inaba, to pass Bill 230,
as amended, on first reading.)
POSTPONED TO APRIL 5, 2023:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-7 March 8,2023
Bill 24: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL—THREE ACRES (A-3a) TO
SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT HILO,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-003:035
(Applicant: Matthew C. Wung and Eric J. Wung) (Area: 3.1285 Acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone request, which would allow the applicant to subdivide the
property into five lots ranging in size from 20,080 to 45,363 square feet. The
property is located at 862 West Kawailani Street, approximately 1,000 feet west of
its intersection with Komohana Street, Waiakea, South Hilo.
Reference: Comm. 97
Intr. by: Mr. Inaba(B/R)
Approve: LAAC-11
AMENDED TO DRAFT 2 AND PASSED IST READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Bill 25: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Appropriates revenues in the State Grants —Volkswagen Settlement—Hawai`i Zero
Emission Bus account($1,765,000); and appropriates the same to the Volkswagen
Settlement—Hawai`i Zero Emission Bus account for the purchase of battery
electric buses.
Reference: Comm. 105
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-24
PASSED IST READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-7 March 8,2023
Bill 26: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Increases revenues in the State Grants —Kua Bay account($100,000) and the
West Hawaii Ocean Safety account($76,402); and appropriates the same to
the Kua Bay —State Equipment account($100,000), bringing the total appropriation
to $580,000; and the Hapuna Beach—State Equipment account($76,402), bringing
the total appropriation to $995,505.
Reference: Comm. 106
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-25
PASSED IST READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
ORDER OF THE DAY(SECOND OR FINAL READING)
Bill 194: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-44, OF THE
(Draft 3) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATED
(2020-2022) TO CONDITIONS ON CHANGE OF ZONE
Provides the County Council exclusive authority to grant an initial time extension
for the performance of conditions within a change of zone ordinance and increases
the filing fee from $250 to $500 for any request for a time extension, change, or
alteration of conditions within a change of zone ordinance.
Reference: Comm. 898.25
Intr. by: Mr. Inaba
First Reading: February 22, 2023
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder,
Villegas, and Chair Kimball—6.
Noes: Council Members Galimba, Kierkiewicz, and Lee Loy —3.
Absent: None.
Excused: None.
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Hawaii County Council-7 March 8,2023
Bill 17: AMENDS CHAPTER 19, ARTICLE 12, OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL
PROPERTY TAX APPEALS
Amends Section 19-100 and repeals Section 19-101 to make the $50 deposit
required for each appeal by a taxpayer to the County of Hawaii Tax Board of
Review nonrefundable.
Reference: Comm. 68
Intr. by: Mr. Inaba
First Reading: February 22, 2023
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Bill 19: REPEALS CHAPTER 6, ARTICLE 2, OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO DANCE HALLS
Reference: Comm. 78
Intr. by: Ms. Kagiwada
First Reading: February 22, 2023
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-7 March 8,2023
Bill 20: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Appropriates revenues in the Federal Grants —Clean Water Act 604(b) account
($49,600), and appropriates the same to the Clean Water Act 604(b) account.
Funds would be used to complete a Wastewater Service Area Expansion Feasibility
Study.
Reference: Comm. 82
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 22, 2023
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Bill 21: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE
COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A
PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXES
THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH
BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND
AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE
ISSUANCE AND SALE OF THE BONDS
Authorizes the issuance of up to $127,500,000 in General Obligation Bonds to fund
certain Capital Improvement Projects including: Construction of Hilo Wastewater
Treatment Plant and other facilities; Public Works Repairs and Maintenance
(Aupuni Center Roof and Emergency Communication Center); Parks and
Recreation Repairs and Maintenance (ADA Compliance and Papa`aloa State
Match); Sewer Pipe Replacement(Kilauea/Keawe Street); and Animal Control
infrastructure.
Reference: Comm. 83
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 22, 2023
(Vote on Bill 21 is on the next page)
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Hawaii County Council-7 March 8,2023
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Bill 22: AMENDS CHAPTER 2,ARTICLE 2;ADDS A NEW ARTICLE TO CHAPTER 2;
(Draft 2) AND AMENDS CHAPTER 4,ARTICLES 2, 3,4,AND 9, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO CREATE AN
ANIMAL CONTROL AND PROTECTION AGENCY
Establishes an independent agency to provide for the care and maintenance of
impounded animals and to fulfill the functions and requirements of Hawaii
Revised Statutes, Chapters 143 and 711 relating to the protection of animals.
Reference: Comm. 91.38
Intr. by: Ms. Kimball and Ms. Evans
First Reading: February 22, 2023
AMENDED TO DRAFT 3 AND PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
; and
Comm. 91.39: From Council Member Jenn Kagiwada, dated February 28, 2023, transmitting a
proposed amendment to Bill 22, Draft 2.
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Hawaii County Council-7 March 8,2023
Bill 27: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2022 TO JUNE 30, 2023
Adds the Parks and Recreation Hilo Bayfront Trails Phase IIA —Federal project
($1,250,000) to the Capital Budget. Funds for this project shall be provided from
Federal Grants Receivable and would be used to complete the remaining scope of
Phase II, including construction of Americans with Disabilities Act compliant
parking stalls and a connecting walkway for access to the path that runs from
Kumu Street to Pauahi Street.
Reference: Comm. 107
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 22, 2023
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
OTHER BUSINESS
(Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on
agenda items.)
ANNOUNCEMENTS
ADJOURNMENT: 12:57 p.m.
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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Hawaii County Council-7 March 8,2023
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