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HomeMy WebLinkAboutMIN COUNCIL 2023-01-05 2022-2024 Hawaii County Council 3`'d Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii January 5, 2023 INVOCATION: Pastor John Endriss of Engage Church Hilo gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 1:01 p.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Hawaii County Council-3 January 5,2023 Mary Crispi: Res. 27-23 (Comm. 31), in support. (representing Friends of Higashihara Park) Rodney McGee: Res. 27-23 (Comm. 31), in support. (representing Lions Club of Kona) CHR. KIMBALL: Before we get into the agenda, I actually did want to just mention a rule change again to everyone that we adopted in our first meeting with respect to reconsideration. One of the changes to the rules that we adopted was that if there's unanimous agreement on a bill or a resolution by the members present, then it is no longer held for the five days for reconsideration. So members of the departments that are here or are listening, if you have an item that is urgent, you don't need to request that unless there is not a unanimous vote on the approval of the resolution or the bill. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Ms. Lee Loy moved to approve the Minutes of of Minutes: December 5, 2022 (2020-2022) and December 5, 2022. (Approved) Seconded by Mr. Inaba and carried by the following voice vote: 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 Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 27-23: 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 $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 31 Intr. by: Mr. Inaba Page 2 Hawaii County Council-3 January 5,2023 Motion to Approve: Mr. Inaba moved to adopt Res. 27-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion? Mr. Inaba. MR. INABA: Thank you. Mahalo to our testifiers out in Kona today and for the good work that the Lions Club has and continues to put into our park. Quick story since we have such a short meeting. One of my friends came home from Honolulu this weekend and was actually able to take his son, who's three years old, to this very park, and it's a park that we all grew up in as Kona kids. So thank you for allowing that legacy to continue. I ask for my colleagues' support. Mahalo. CHR. KIMBALL: Thank you. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Just mahalo to Mr. Inaba. This is a beautiful park. There's not too many parks like this left; the old wooden-style parks that we all had as kids. There's just not a lot of them. They're all plastic and metal. I really like these parks. Thank you for supporting this facility. CHR. KIMBALL: Thank you, Council Member. Any further discussion? Seeing none, all of those in favor of approving Resolution 27-23, please say Ic aye. Vote on Res. 27-23: The motion to adopt Res. 27-23 was carried by the (Adopted) following voice vote: 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. CHR. KIMBALL: Resolution 27-23 is adopted. Page 3 Hawaii County Council-3 January 5,2023 Res. 28-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII TO ASSIST WITH EXPENSES RELATING TO THE 27TH ANNUAL KWXX HO`OLAULE`A Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 34 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 28-23. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I look for everyone's support on this. I'm pretty sure we'll have it. This is an amazing yearly festival. It was put off during COVID (coronavirus disease) for appropriate reasons. It is January 28h and they released their list of people who are going to be participating this year. It looks like it's going to be an amazing event. It's something I participated in for years in the background. I helped set up and break down. It's exhausting but it's such a cool community event. So, I look forward to everyone's support; and as well, if you have extra money, Chris could use the funding. His costs have gone up substantially just from all the different areas, and we all know costs are kind of crazy right now. So, if you have extra funding, Chris would really appreciate it. There still is time, given that this is January 28h and our next meeting's the 24h. So, it can be done. CHR. KIMBALL: Except for noon today was the deadline. MR. KANEALI`I-KLEINFELDER: There's a way to breach. CHR. KIMBALL: At the Chair's discretion and advisement. I'll put it out there right now, folks; we're cutting down on breaches. So, please. Maybe I'll make an exception. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Chair. I look forward to everyone's support. CHR. KIMBALL: Great. Any further discussion? Council Member Kierkiewicz. Page 4 Hawaii County Council-3 January 5,2023 MS. KIERKIEWICZ: Thank you, Chair. In the past, I've disclosed that I'm a board member of Vibrant Hawaii, but just want the record to reflect that I've actually stepped down from the board. So, will be participating in today's vote, if that's okay with you. Council Member Kaneali`i-Kleinfelder, my office has submitted a resolution, so we will be providing some financial support to this event as well. I can remember going to this many times in my youth, and so look forward to getting back and celebrating community and awesome artists in our community in a few weeks. So just wanted to share that with you. Thank you, Chair. CHR. KIMBALL: Great. Thank you, Council Member Kierkiewicz. Anyone else? Discussion on this matter? Seeing none, all of those in favor of passing Resolution 28-23, please say "aye." Vote on Res. 28-23: The motion to adopt Res. 28-23 was carried by the (Adopted) following voice vote: 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. CHR. KIMBALL: Resolution 28-23 is adopted. Res. 29-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PATH TO PURCHASE AND MAINTAIN PET WASTE BAGS FOR THE OLD WALUA TRAIL Transfers $1,100 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. 35 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 29-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: I just ask for my colleagues' support. We've provided funding to PATH (People for Active Transportation Hawaii) in prior years for pet waste bags. This is an area very well-used by people with their animals. For a while, some of the members of the neighborhoods were actually buying the waste bags. Page 5 Hawaii County Council-3 January 5,2023 So, happy to be able to contribute some of my CRF (Contingency Relief Fund) funds to fill in the gap there. I have asked that they utilize the funds to purchase biodegradable bags so that we aren't contributing long-term plastic waste into our landfill. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Any further discussion? Seeing none, all of those in favor please say "aye." Vote on Res. 29-23: The motion to adopt Res. 29-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 29-23 is adopted. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 221: AMENDS CHAPTERS 17 AND 26 OF THE HAWAII COUNTY CODE 1983 (Draft 3) (2016 EDITION, AS AMENDED), RELATING TO FIRE (2020-2022) Updates and revises the Hawaii County Fire Code to incorporate the 2018 National Fire Protection Association standards and adopt the 2018 Hawaii State Fire Code. Reference: Comm. 1029.9 Intr. by: Ms. Kierkiewicz (B/R) First Reading: December 21, 2022 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 221, Draft 3, on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. We have members of the Fire Department here—Chief Todd, BC (Battalion Chief) Kurashige, and Captain Henderson—in case folks have additional questions. But mahalo nui, you guys, for all of your hard work in crafting this and making sure that our County Code is now aligned with the most recent NFPA (National Fire Protection Association) Code regulations. And a big shout-out to Leslie Chow in LRB Page 6 Hawaii County Council-3 January 5,2023 (Legislative Research Branch) for all of her hard work in helping us to wordsmith it and polish it. I don't see members of Public Works here. I don't think they're in Kona. So I think we've resolved all the issues that they've brought forward in Committee and at the last Council reading. So just looking for everyone's continued support on this measure. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion? Seeing none, all those in favor of approving Bill 221, Draft 3. Vote on Bill 221: The motion to pass Bill 221, Draft 3, on second and final Draft 3 reading was carried by the following voice vote: (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. CHR. KIMBALL: Bill 221 is adopted on final reading. MR. INABA: Congratulations. MS. KIERKIEWICZ: Congrats, you guys. Good job. CHR. KIMBALL: Thank you to the members of our Fire Department for being here today. Bill 1: 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 Federal Grants —High Intensity Impact Grant account ($219,900); and appropriates the same to the High Intensity Impact Grant account, bringing the total appropriation to $610,000. These additional funds would be used by the Hawaii Police Department for overtime, travel, training, services, a vehicle, and related equipment for its High Intensity Drug Trafficking Areas Program. Reference: Comm. 4 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: December 21, 2022 Page 7 Hawaii County Council-3 January 5,2023 Vote on Bill 1: Mr. Kaneali`i-Kleinfelder moved to pass Bill 1 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 1 is adopted on final reading. Bill 2: 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 Federal Grants —Substance Abuse Prevention Coordinator account($90,000); and appropriates the same to the Substance Abuse Prevention Coordinator account, bringing the total appropriation to $200,000. These additional funds would be used by the Office of the Prosecuting Attorney for substance abuse prevention systems on Hawaii Island. Reference: Comm. 5 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: December 21, 2022 Vote on Bill 2: Mr. Kaneali`i-Kleinfelder moved to pass Bill 2 on second (Adopted) and final reading. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 2 is adopted at final reading. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Page 8 Hawaii County Council-3 January 5,2023 Comm. 32: JOEL H. WHITE V. COUNTY OF HAWAII, ET AL., CASE 21-00264-JMS-RT From Deputy Corporation Counsel Mark D. Disher, dated December 8, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced matter, including litigation filed by Jacob G. Delaplane, Esquire, on behalf of his client Joel H. White. Motion to Close Mr. Inaba moved to close file on Comm. 32. Seconded by File: Ms. Lee Loy. CHR. KIMBALL: Is there any discussion? Council Member Inaba. MR. INABA: Chair, I don't feel the need to go into Executive Session, and I do support the recommendation by Corporation Counsel. So, happy to hear from others on the Council if they feel the need to go in. CHR. KIMBALL: Thank you, Council Member Inaba. Anyone else? Discussion on the motion to close file? Council Member Villegas. MS. VILLEGAS: I concur with that same conclusion; don't think we need to go into closed session. CHR. KIMBALL: Anyone else? Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 32. Seconded by (Approved) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Vote on Comm. 32: The motion to close file on Comm. 32 was carried by the Filed following voice vote: 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 The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. Page 9 Hawai`i County Council-3 January 5,2023 (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. ADJOURN- There being no further business, at 1:22 p.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: We are adjourned officially at 1:22 p.m. Thank you. Council Approval: FEB 0 8 2023 CO ` T ERK JH/dg Page 10