HomeMy WebLinkAboutAGE COUNCIL 2023-04-19 2022-2024 ACTIONS
HEATHER L. KIMBALL CINDY EVANS
Chair & Presiding Officer
MICHELLE M. GALIMBA
JENN KAGIWADA
HOLEKA GORO INABA
MATT KĀNEALIʻI-KLEINFELDER
Vice Chair
ASHLEY L. KIERKIEWICZ
SUSAN L. K. LEE LOY
REBECCA VILLEGAS
COUNTY COUNCIL
County of Hawai‘i
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
th
10 Session
ORDER OF BUSINESS
West Hawai‘i Civic Center
74-5044 Ane Keohokālole Highway, Building A
Kailua-Kona, Hawai‘i
April 19, 2023
9:00 a.m.
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,
April 18, 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, April 18, 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
Hawai‘i County Council-10 April 19, 2023
INVOCATION Rabbi Levi Gerlitzky of Chabad Jewish Center
CALL TO ORDER 9:03 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 March 22, 2023
APPROVED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
ORDER OF RESOLUTIONS
Res. 81-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
REAL PROPERTY FOR THE COUNTY OF HAWAIʻI POLICE DEPARTMENT
WAREHOUSE IN KEA‘AU, DISTRICT OF PUNA
Authorizes the Mayor to enter into a five-year lease agreement with an option to
extend for two additional five-year terms with Milo Storage LLC, for
approximately 7,440 square feet of warehouse space.
Reference: Comm. 163
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-34
(Vote on Res. 81-23 is on the next page.)
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Hawai‘i County Council-10 April 19, 2023
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Res. 82-23: AMENDS RESOLUTION 388-22 AUTHORIZING THE OFFICE OF THE
MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF
HAWAI‘I
Seeks to increase the funding amount for the Kuleana Health project by $247,500
for a total of $447,500.
Reference: Comm. 164
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-35
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Res. 83-23: ADOPTS THE 2023 COUNTY OF HAWAIʻI ANNUAL ACTION PLAN FOR
THE COUNTY OF HAWAIʻI COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND AUTHORIZES THE MAYOR OF THE COUNTY OF
HAWAIʻI TO EXECUTE AND SUBMIT THE ACTION PLAN AND ALL
OTHER RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
The 2023 County of Hawaiʻi Annual Action Plan describes the projects and
activities that will be executed by the County to provide decent housing, suitable
and safe living environments, and accessibility for disabled individuals to public
facilities using the County’s share of Community Development Block Grant
program funds.
Reference: Comm. 165
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-36
(Vote on Res. 83-23 is on the next page.)
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Hawai‘i County Council-10 April 19, 2023
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Res. 98-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOMELESS TASK FORCE
FOR ITS OUTREACH AND ENGAGEMENT EFFORTS
Transfers $15,000 from the Clerk-Council Services – Contingency Relief account
(Council District 7); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 191
Intr. by: Ms. Villegas
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 99-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO ‘O KA‘Ū KĀKOU FOR ITS
FAMILY FUN FEST AND INDEPENDENCE DAY CELEBRATION
Transfers $3,500 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. 192
Intr. by: Ms. Galimba
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
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Hawai‘i County Council-10 April 19, 2023
Res. 100-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO DOMESTIC VIOLENCE
HURTS ANIMALS AND PEOPLE FOR ITS DOGHOUSE PROGRAM AT
KEALAKEHE HIGH SCHOOL IN WEST HAWAI‘I
Transfers $1,000 from the Clerk-Council Services – Contingency Relief account
(Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 193
Intr. by: Mr. Inaba
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 101-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HŌLUALOA FOUNDATION
FOR ARTS AND CULTURE TO ASSIST WITH EXPENSES FOR ITS DONKEY
MILL ART CENTER EXHIBITION PROGRAM
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. 194
Intr. by: Ms. Villegas
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
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Hawai‘i County Council-10 April 19, 2023
Res. 102-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO DOMESTIC VIOLENCE
HURTS ANIMALS AND PEOPLE TO SUPPORT ITS DOGHOUSE PROGRAM
Transfers $1,000 from the Clerk-Council Services – Contingency Relief account
(Council District 6); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 195
Intr. by: Ms. Galimba
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 103-23: 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
FOR THE HEALTH AND FITNESS FIELD DAY EVENTS AT VARIOUS
SCHOOLS IN COUNCIL DISTRICT ONE
Transfers $1,500 from the Clerk-Council Services – Contingency Relief account
(Council District 1); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 196
Intr. by: Ms. Kimball
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
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Hawai‘i County Council-10 April 19, 2023
Res. 104-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HĀMĀKUA YOUTH
FOUNDATION, INC., TO ASSIST WITH EXPENSES RELATED TO ITS KEIKI
PROGRAM
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account
(Council District 1); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 197
Intr. by: Ms. Kimball
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 105-23: 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 KEIKI MUSEUM
TO PURCHASE INTERACTIVE SEATING FOR THE MUSEUM’S “OPIHI
LEARNING AREA”
Transfers $3,000 from the Clerk-Council Services – Contingency Relief account
(Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 198
Intr. by: Mr. Inaba
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Page 7
Hawai‘i County Council-10 April 19, 2023
Res. 106-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR PARK REPAIRS AND IMPROVEMENTS AT
VOLCANO SKATE PARK AND OTHER PARK FACILITIES IN COUNCIL
DISTRICT 6
Transfers $7,300 from the Clerk-Council Services – Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Transfer to Capital Projects Fund-General account.
Reference: Comm. 199
Intr. by: Ms. Galimba
AMENDED TO DRAFT 2 AND ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 107-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO ‘O KA‘Ū KĀKOU FOR ITS
NĀ‘ĀLEHU RESILIENCE HUB
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account
(Council District 6); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 200
Intr. by: Ms. Galimba
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Page 8
Hawai‘i County Council-10 April 19, 2023
Res. 108-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR PARK REPAIRS AND IMPROVEMENTS AT
OCEANVIEW SKATE PARK AND OTHER PARK FACILITIES IN COUNCIL
DISTRICT 6
Transfers $10,000 from the Clerk-Council Services – Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Transfer to Capital Projects Fund-General account.
Reference: Comm. 201
Intr. by: Ms. Galimba
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 109-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAI‘I FOR
EXPENSES RELATING TO ITS 2023 REENTRY SUMMIT
Transfers $3,000 from the Clerk-Council Services – Contingency Relief account
(Council District 1); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 202
Intr. by: Ms. Kimball
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Page 9
Hawai‘i County Council-10 April 19, 2023
Res. 110-23: 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 GRASSROOTS
COMMUNITY DEVELOPMENT GROUP FOR THE 2023 HILO LEI DAY
FESTIVAL
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. 203
Intr. by: Ms. Kagiwada
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 111-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAI‘I FOR
ITS 2023 REENTRY SUMMIT
Transfers $5,000 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. 204
Intr. by: Ms. Kagiwada
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Page 10
Hawai‘i County Council-10 April 19, 2023
Res. 112-23: 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 WAIĀKEA HIGH
SCHOOL PARENT TEACHER STUDENT ASSOCIATION FOR THE
2023 WAIĀKEA HIGH SCHOOL PROJECT GRAD NIGHT
Transfers $3,000 from the Clerk-Council Services – Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 205
Intr. by: Ms. Kagiwada
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 113-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS
TH
19 ANNUAL CELEBRATION OF LIFE
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 206
Intr. by: Ms. Kagiwada
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
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Hawai‘i County Council-10 April 19, 2023
Res. 114-23: 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 RESTORATION OF THE
BOND MEMORIAL PUBLIC LIBRARY IN NORTH KOHALA
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 207
Intr. by: Ms. Evans
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 115-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS
TH
19 ANNUAL CELEBRATION OF LIFE EVENT
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. 208
Intr. by: Ms. Kimball
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Page 12
Hawai‘i County Council-10 April 19, 2023
Res. 121-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF BIOASTIN
SUPPLEMENTS AND HATS TO THE HAWAI‘I FIRE DEPARTMENT
The donation from Cyanotech Corporation, with an estimated value of $16,116.90,
would be used by the department’s lifeguards to support their health and fitness and
limit exposure to the sun.
Reference: Comm. 219
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Res. 122-23: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF A 2012 ACURA
TSX FROM THE STATE OF HAWAI‘I DEPARTMENT OF THE ATTORNEY
GENERAL TO THE OFFICE OF THE PROSECUTING ATTORNEY
The donation, with an estimated value of $9,000, would be used for law
enforcement purposes.
Reference: Comm. 220
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Page 13
Hawai‘i County Council-10 April 19, 2023
Res. 123-23: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF
$26,000 TO THE HAWAI‘I POLICE DEPARTMENT
The donation from Hawai‘i Island K9 Association would be used to purchase
training aids and replace kennels, gates, and fences associated with canine shelters
at the Kealakehe Police Station.
Reference: Comm. 221
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Res. 124-23: 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 GRASSROOTS
COMMUNITY DEVELOPMENT GROUP FOR THE 2023 HILO LEI DAY
FESTIVAL AT KALĀKAUA PARK
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. 222
Intr. by: Ms. Kimball
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Page 14
Hawai‘i County Council-10 April 19, 2023
Res. 125-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO ST. AUGUSTINE’S
EPISCOPAL CHURCH IN NORTH KOHALA TO ASSIST WITH EXPENSES
RELATED TO ITS MONTHLY COMMUNITY MEAL PROGRAM
Transfers $1,800 from the Clerk-Council Services – Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 223
Intr. by: Ms. Evans
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 126-23: 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 NORTH KOHALA
COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES
RELATED TO THE KOHALA RIDE WILD CLUB IN NORTH KOHALA
Transfers $2,500 from the Clerk-Council Services – Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 224
Intr. by: Ms. Evans
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Page 15
Hawai‘i County Council-10 April 19, 2023
Res. 127-23: 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 NORTH KOHALA
COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES
RELATED TO THE NORTH KOHALA COMMUNITY EMERGENCY
RESPONSE TEAM
Transfers $5,100 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. 225
Intr. by: Ms. Evans
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 128-23: 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 WAIMEA
PRESERVATION ASSOCIATION TO ASSIST WITH EXPENSES RELATED
TO ITS ARCHIVAL PRESERVATION PROJECT
Transfers $4,708 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. 226
Intr. by: Ms. Evans
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
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Hawai‘i County Council-10 April 19, 2023
Res. 129-23: 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 NORTH KOHALA
COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES
RELATED TO THE KOHALA HIGH SCHOOL PROJECT GRAD NIGHT
Transfers $2,500 from the Clerk-Council Services – Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 227
Intr. by: Ms. Evans
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
Res. 130-23: 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 WAIMEA ARTS
COUNCIL TO ASSIST WITH EXPENSES RELATED TO MAINTAINING THE
FIREHOUSE GALLERY
Transfers $3,000 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. 228
Intr. by: Ms. Evans
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
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Hawai‘i County Council-10 April 19, 2023
Res. 131-23: 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
LIBRARY – WAIKOLOA REGION TO ASSIST WITH EXPENSES RELATED
TO ITS ANNUAL SUMMER READING PROGRAM
Transfers $800 from the Clerk-Council Services – Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 229
Intr. by: Ms. Evans
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
BILLS FOR ORDINANCES (FIRST READING)
Bill 28: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53 AND ARTICLE 10,
(Draft 2) SECTION 19-71, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO REAL PROPERTY TAXES
Safeguards certain agriculturally productive properties which are also used as an
owner’s primary residence or as an affordable rental from rising assessment values.
Reference: Comm. 113.2
Intr. by: Mr. Inaba
Approve: FC-28
Postponed: March 22, 2023
(Note: There is a motion by Mr. Inaba, seconded by Ms. Galimba, to pass Bill 28,
Draft 2, on first reading.)
POSTPONED TO MAY 17, 2023:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
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Hawai‘i County Council-10 April 19, 2023
Bill 36: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Appropriates revenues in the Federal – Block Grant account ($2,680,506) and the
Block Grant – Program Income account ($100,000); and appropriates the same to
the following accounts: West Hawaiʻi Domestic Abuse Shelter Phase 2
Improvements ($252,615), Hawaiʻi County Economic Opportunity Council –
Certified Kitchen Conversion ($580,001), Hāmākua Youth Community Center
Phase 2 Improvements ($650,000), Hale ‘Ohana Domestic Abuse Shelter Phase 2
Improvements ($162,000), Mental Health Kōkua – Hilo Hale Residence
Improvements ($175,000), Kaū and Puna Volunteer Fire Station Brush Truck ʻ
Acquisition ($370,000), Mental Health Kōkua – Van Transportation Acquisition
($74,000), and Administration, Planning and Fair Housing ($516,890).
Reference: Comm. 165
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-37
ST
PASSED 1 READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Bill 37: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Increases revenues in the Fund Balance From Previous Year account ($3,500,000),
and appropriates the same to the General Excise Tax Mass Transit Other Current
Expenses account. Funds would be used to cover additional costs related to fixed
route operations.
Reference: Comm. 166
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-38
(Vote on Bill 37 is on the next page.)
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Hawai‘i County Council-10 April 19, 2023
ST
PASSED 1 READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Bill 38: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY
OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR,
DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBING
REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND
REPEALS ORDINANCE NO. 22-51 AND ALL AMENDMENTS THERETO,
SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2023
Establishes rates of compensation for appointed employees in the Legislative
Branch and the Office of Housing and Community Development, the County
Physician, Student Helpers, and Senior Community Services Aids for various
County agencies, and reflects the current minimum wage of $12 per hour through
December 31, 2023, and the minimum wage increase to $14 per hour effective
January 1, 2024.
Reference: Comm. 167
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-39
ST
PASSED 1 READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
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Hawai‘i County Council-10 April 19, 2023
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 33: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Appropriates revenues in the State Grants – Senior Activities account ($100,000)
and the State Grants – Senior Activities Program Income account ($15,000); and
appropriates the same to the Senior Activities account ($100,000) and the Senior
Activities Program Income account ($15,000).
Reference: Comm. 153
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: April 5, 2023
ND
PASSED 2 AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Bill 34: AMENDS ORDINANCE NO. 22-125, WHICH AUTHORIZES THE MAYOR TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE
WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR
WASTEWATER PUBLIC IMPROVEMENT PROJECTS AND AUTHORIZES
THE ISSUANCE OF $17,000,000 GENERAL OBLIGATION BONDS FOR THE
PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC
IMPROVEMENTS OF THE COUNTY OF HAWAI‘I
Separates the Hilo Wastewater Treatment Plant Upgrade project into two phases.
Reference: Comm. 154
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: April 5, 2023
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 47-5,
Hawai‘i Revised Statutes
(Vote on Bill 34 is on the next page.)
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Hawai‘i County Council-10 April 19, 2023
ND
PASSED 2 AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Bill 35: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Increases revenues in the State Grants – Beverage Container Deposit Program
account ($22,709); and appropriates the same to the Beverage Container Deposit
Program account, bringing the total appropriation to $597,099. These additional
funds will be used to cover increased costs required to operate Certified
Redemption Centers at designated Solid Waste transfer stations.
Reference: Comm. 155
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: April 5, 2023
ND
PASSED 2 AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
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Hawai‘i County Council-10 April 19, 2023
Bill 39: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Appropriates revenues in the State Grants – Housing Subdivision – Infrastructure
Repair/Maintenance, Working Group account ($100,000); and appropriates the
same to the Housing Subdivision – Infrastructure Repair/Maintenance, Working
Group account. Funds would be used for the convening of a working group to
examine and address the challenges of infrastructure repair and maintenance in
planned housing subdivisions that do not have compulsory homeowner
associations.
Reference: Comm. 180
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: April 5, 2023
ND
PASSED 2 AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: None.
Excused: Council Member Kānealiʻi-Kleinfelder – 1.
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Hawai‘i County Council-10 April 19, 2023
Bill 40: 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 Public Works Pavement Preservation project ($11,000,000) to the Capital
Budget. Funds for this project shall be provided from General Obligation Bonds,
Capital Projects Fund – Fund Balance and/or Other Sources account, and would be
used for construction of the Waikoloa Road Rehabilitation project and the
Kīlauea Avenue/Keawe Street Rehabilitation project.
Reference: Comm. 181
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: April 5, 2023
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai‘i County Charter
ND
PASSED 2 AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
REFERRALS FOR EXECUTIVE SESSION
Comm. 230: JOHN GOODMAN V. COUNTY OF HAWAI‘I, ET. AL.;
CIVIL CASE 3CCV-22-0000399
From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated
April 6, 2023, requesting an attorney-client confidential discussion to consult with
the Council regarding the above-referenced lawsuit, including discussion regarding
settlement.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kānealiʻi-Kleinfelder – 1.
Excused: None.
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
Page 24
Hawai‘i County Council-10 April 19, 2023
pertaining to the Council’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to
Hawaiʻi 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.)
Comm. 898.58: MAYOR’S VETO MESSAGE REGARDING BILL 194, DRAFT 3, RELATING
TO CONDITIONS TO CHANGE OF ZONE
From Mayor Mitchell D. Roth, dated March 30, 2023, returning Bill 194, Draft 3,
and stating his reason for disapproval.
; and
Comm. 898.59: REQUEST TO RECONSIDER BILL 194, DRAFT 3, RELATING TO
CONDITIONS TO CHANGE OF ZONE
From Council Member Holeka Goro Inaba, dated March 30, 2023, requesting that
Bill 194, Draft 3, be placed on the April 19, 2023, Council agenda for
reconsideration and a potential override of the Mayor’s disapproval.
; and
Bill 194: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-44, OF THE
(Draft 3) HAWAI‘I 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
Second Reading: March 8, 2023
Mayor Veto: March 30, 2023
Note: Requires 2/3 vote of the entire
membership to override the Mayor’s
veto, pursuant to Section 3-12,
Hawai‘i County Charter
(Vote on Bill 194, Draft 3, is on the next page.)
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Hawai‘i County Council-10 April 19, 2023
MAYOR’S VETO OVERRIDDEN:
Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder,
Villegas, and Chair Kimball – 6.
Noes: Council Members Galimba, Kierkiewicz, and Lee Loy – 3.
Absent: None.
Excused: None.
ANNOUNCEMENTS
ADJOURNMENT: 11:50 a.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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Agendas and agenda items are available on the County website at www.hawaiicounty.gov. Click on
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