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HomeMy WebLinkAboutAGE COUNCIL 2023-10-04 2022-2024 Hawaii County Clerk 09/28/2023 09:06:54 AM HEATHER L.KIMBALL tY OF p CINDY EVANS oN.• �`� MICHELLE M. GALIMBA Chair&Presiding Officer �?•' �, JENN KAGIWADA HOLEKA GORO INABA `: °` MATT KANEALI`I-KLEINFELDER Vice Chair — ASHLEY L.KIERKIEWICZ o=— �),��f MTMQ:�p OF NF' SUSAN L.K.LEE LOY REBECCA VILLEGAS COUNTY COUNCIL County of Hawaii Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 23rd Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii October 4, 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 locations: • Old Kohala Courthouse, 54-3900 Akoni Pule Highway,Kapa`au; and • 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, October 3,2023. 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, October 3,2023,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 Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 INVOCATION Pastor Ron Brav of Calvary Chapel Hilo CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT,AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Pursuant to HRS §92-3, oral testimony may be provided entirely at the beginning of the meeting, or immediately preceding the agenda item being opened for deliberation by the Council. (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOVE TO THE NOON HOUR) APPROVAL OF MINUTES September 6, 2023 ORDER OF RESOLUTIONS Res. 240-23: APPROVES THE HAWAII COUNTY COUNCIL LEGISLATIVE PROPOSALS AND PRIORITIES TO BE CONSIDERED FOR INCLUSION IN THE 2024 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Includes proposals relating to the regulation of tobacco and regulating traffic on hazardous roads and in sensitive areas, and six policy priorities relating to: (1) dangerous dogs; (2)the lawful sale or distribution of wild-caught ungulate meat; (3)pathways for midwifery licensure; (4) extended producer responsibility to address solid waste; (5) increasing access to mental health providers for youth in rural counties; and (6) financing of residential cesspool conversions. Reference: Comm. 426 Intr. by: Ms. Kimball Approve: GOEAC-77 Page 2 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 Res. 241-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO MALAMA O PUNA Approves a grant of$53,200 to Malama O Puna, a 501(c)(3)nonprofit organization to provide land stewardship and cultural education for the Wai`ele, Puna property, (Tax Map Keys: 1-4-003:003 and 037), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 427 Intr. by: Ms. Kierkiewicz Approve: LAAC-32 Res. 246-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH EXPENSES RELATING TO THE 67TH ANNUAL HAWAII STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 432 Intr. by: Ms. Kagiwada Postponed: September 20, 2023 (Note: There is a motion by Ms. Galimba, seconded by Ms. Villegas,to adopt Res. 246-23.) Res. 253-23: CHANGES TIME ELEMENT OF A HALF-TIME ASSISTANT COUNTY PHYSICIAN TO FULL-TIME Requests adjustment to full-time to address an increase in employee examinations in West Hawaii. Reference: Comm. 443 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-72 Page 3 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 Res. 255-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY RESEARCH AND DEVELOPMENT DEPARTMENT Allows for the receipt of$100,000 in federally-derived funds to assist in the development and implementation of a plan to achieve equitable internet access for all Hawaii residents. Reference: Comm. 445 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-73 Res. 256-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY RESEARCH AND DEVELOPMENT DEPARTMENT Allows for the receipt of$175,000 in federally-derived funds to provide services and financial assistance for internet subscription fees for qualified households on Hawai`i Island. Reference: Comm. 446 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-74 Res. 264-23: 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 KELI`I WILLIAM IOANE LEGACY FOUNDATION FOR THE 2023 MAKAHIKI COMMUNITY CELEBRATION Transfers $2,900 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 462 Intr. by: Ms. Lee Loy Page 4 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 Res. 265-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEAUKAHA ONE YOUTH DEVELOPMENT TO ASSIST WITH EXPENSES RELATED TO ITS ROBOTICS PROGRAM Transfers $3,500 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 463 Intr. by: Ms. Lee Loy Res. 266-23: 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 FRIENDS OF THE PANA`EWA ZOO TO PURCHASE KEIKI CUDDLE CARTS FOR USE AT THE PANA`EWA RAINFOREST ZOO AND GARDENS Transfers $4,747 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 464 Intr. by: Ms. Lee Loy Res. 267-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO REIMBURSE THE POLICE DEPARTMENT FOR EXPENSES RELATING TO THE 67TH ANNUAL HAWAII STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE Transfers $1,500 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 465 Intr. by: Ms. Lee Loy Page 5 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 Res. 268-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII JAPANESE CENTER FOR THE JAPANESE COMMUNITY ASSOCIATION OF HAWAI`I'S 2023 BUNKA NO HI PROGRAM 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. 466 Intr. by: Ms. Kagiwada Res. 269-23: 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 THE BANYAN DRIVE BEAUTIFICATION PROJECT AT THE FORMER UNCLE BILLY'S HILO BAY HOTEL Transfers $1,872 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 467 Intr. by: Ms. Kagiwada Res. 270-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HE HO`OMAKA HOU ANA O` PUNA TO SUPPORT THE HAWAII COMMUNITY COLLEGE'S `AUAMO KULEANA DOMESTIC VIOLENCE SUMMIT Transfers $2,000 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. 468 Intr. by: Ms. Kagiwada Page 6 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 Res. 271-23: 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 PANA`EWA ZOO TO PURCHASE KEIKI CUDDLE CARTS FOR THE PANA`EWA RAINFOREST ZOO AND GARDENS Transfers $2,500 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. 469 Intr. by: Ms. Kagiwada Res. 272-23: 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 BABY'S FIRST BOOK PROJECT Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 470 Intr. by: Ms. Evans Res. 273-23: 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 KAMUELA PHILHARMONIC ORCHESTRA SOCIETY TO ASSIST WITH EXPENSES RELATING TO ITS MUSIC APPRECIATION CONCERT Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 471 Intr. by: Ms. Evans Page 7 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 Res. 274-23: 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 FRIENDS OF FIRST RESPONDERS TO ASSIST WITH EXPENSES RELATING TO ITS UPCOMING TRAINING PROGRAMS Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Hawaii Fire Department, Fire Operations Other Current Expenses account. Reference: Comm. 472 Intr. by: Ms. Evans Res. 275-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO REIMBURSE THE POLICE DEPARTMENT FOR EXPENSES RELATING TO THE 67TH ANNUAL HAWAII STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE Transfers $2,500 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 473 Intr. by: Ms. Kierkiewicz Res. 276-23: 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 PAHOA LAVA ZONE MUSEUM TO SUPPORT PLACEMAKING INITIATIVES IN PAHOA VILLAGE Transfers $15,000 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 474 Intr. by: Ms. Kierkiewicz Page 8 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 Res. 277-23: 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 WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION TO CONSTRUCT A WORLD WAR II MEMORIAL Transfers $5,000 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. 475 Intr. by: Mr. Inaba Res. 278-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA HEALTH CENTER, INC., FOR LADIES NIGHT OUT, A BREAST CANCER AWARENESS EVENT IN HONOKA`A Transfers $2,500 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. 476 Intr. by: Ms. Kimball Res. 279-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF LABOR AND MATERIALS FOR A HOMERUN FENCE TO THE DEPARTMENT OF PARKS AND RECREATION The donation from West Side Hawaii Little League, with an estimated value of $14,700, would be used to install a homerun fence at William Charles Lunalilo Playground in Kailua-Kona. Reference: Comm. 477 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 9 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 Res. 280-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF THREE PIERCE FIRE ENGINES FROM THE HONOLULU FIRE DEPARTMENT The donation from Honolulu Fire Department, with an estimated value of$135,000, would be utilized in the Hawaii Fire Department's reserve fleet of engines. Reference: Comm. 478 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 66: AMENDS CHAPTER 5, ARTICLE 4, SECTION 5-4-3, OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO INSTALLATION OF PHOTOVOLTAIC SYSTEMS Amends Subsection (f)by requiring a professional electrical engineer licensed in the State of Hawaii to prepare, design, and stamp electrical design drawings and specifications for residential photovoltaic systems if the system exceeds 10 kilowatts. Reference: Comm. 435.2 Intr. by: Mr. Kaneali`i-Kleinfelder Approve: PCPLUD-4 Bill 67: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Federal Grants—Broadband Equity Access and Deployment Planning Funds-Federal account($100,000); and appropriates the same to the Broadband Equity Access and Deployment Planning Funds-Federal account ($100,000). Funds would be used to assist in the development and implementation of a plan to achieve equitable internet access for all Hawaii residents. Reference: Comm. 445 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-75 Page 10 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 Bill 68: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Federal Grants—Affordable Connectivity Outreach Grant Program account($175,000); and appropriates the same to the Affordable Connectivity Outreach Grant Program account. Funds would be used to provide services and financial assistance for internet subscription fees for qualified households on Hawai`i Island. Reference: Comm. 446 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-76 Bill 69: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Increases revenues in the Federal Grants—National Criminal History Improvement Program account($580,000); and appropriates the same to the National Criminal History Improvement Program account. These additional funds would be used by the Prosecuting Attorney's Office for a new case management system, increased internet bandwidth, licensing, and replacement of computers to improve the quality, timeliness, and accessibility of criminal history records. Reference: Comm. 447 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-77 Bill 70: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Home Program—Tenant-Based Rental Assistance Fraud Recovery Income account($5,000); and appropriates the same to the Tenant- Based Rental Assistance Fraud Recovery Income account to allow for the receipt of funds recovered from tenants who have committed fraud. Reference: Comm. 448 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-78 Page 11 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 Bill 71: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Increases revenues in the Block Grant Program Income account($150,000); and appropriates the same to the West Hawaii Emergency Shelter and Facility Energy Efficiency Improvements account, bringing the total appropriation to $300,000. These additional funds will be used to renovate the facility in accordance with the Fiscal Year 2023 Community Development Block Grant Annual Action Plan. Reference: Comm. 449 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-79 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 49: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE (Draft 4) HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO VACANCY IN OFFICE Adds an exception to the process of filling vacancies on the County Council by providing that a vacant County Council district seat shall be filled by the person elected to serve the upcoming Council term, if that vacancy occurs or exists after the incoming Council Member was elected. Reference: Comm. 305.21 Intr. by: Ms. Evans Postponed: September 6, 2023 First Reading: September 20, 2023 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter Page 12 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 Bill 61: AMENDS SECTION 25-8-19 (NORTH 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—TWENTY ACRES (A-20a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT `O`OKALA, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY: 3-9-001:024 (Applicant: Dennis Schmitz) (Area: 20.027 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to request the subdivision of the property into four lots, each approximately five acres in size. The property is located north (makai) of Old Mamalahoa Highway approximately 270 feet east of its intersection with Milo Street. Reference: Comm. 388 Intr. by: Mr. Inaba(B/R) Postponed: September 6, 2023 First Reading: September 20, 2023 Bill 64: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Increases revenues in Fund Balance From Previous Year account($8,903,560.97); and appropriates the same to the Housing Production account to fund successful proposals for affordable housing production. Reference: Comm. 417 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: September 20, 2023 REPORTS GOEAC-74 NOMINATION OF EILEEN LACERTE TO THE POLICE COMMISSION (Comm. 440): Requires Council Confirmation by: October 13, 2023 (Section 13-4(k), Hawai`i County Charter) Page 13 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 GOEAC-75 NOMINATION OF GONZALO GARCIA TO THE ENVIRONMENTAL (Comm. 441): MANAGEMENT COMMISSION Requires Council Confirmation by: October 13, 2023 (Section 134(k), Hawai`i County Charter) GOEAC-76 NOMINATION OF ANNA LIU TO THE BANYAN DRIVE HAWAII (Comm. 442): REDEVELOPMENT AGENCY REFERRALS FOR EXECUTIVE SESSION Comm. 396.1: JONATHAN D. ROWE, ET AL. V. COUNTY OF HAWAII; 3CCV-22-0000393 From Deputy Corporation Counsel Justin C. Lee, dated September 6, 2023, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Comm. 492: HAWAII ISLAND EARLY LEARNING DEVELOPMENT LLC V. COUNTY OF HAWAII, ET AL., CIVIL NO. 3CCV-22-0000158 From Deputy Corporation Counsel E. Britt Bailey, dated September 15, 2023, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a lawsuit filed by the Law Offices of Yeh and Kim on behalf of its client Hawaii Island Early Learning Development LLC. The Council anticipates convening an executive meeting regarding the above matters,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 Page 14 Hawaii County Clerk 09/28/2023 09:06:54 AM Hawaii County Council-23 October 4,2023 ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation`By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. Live Stream of County Council Meetings: To view the live stream of this meeting, at the scheduled meeting start time, type the following into the address bar of the browser: http://hawaiicounty.granicus.comNiewPublisher.php?view id=1. Please call (808) 961-8255 if the Council's streaming location is not functioning. If the Council's stream is deemed inoperable, the following address will be provided for the live stream and should be typed into the browser: https://www.youtube.com/channel/IJCJNalwg4OoK7a-7nGnEtGPA. If you need an auxiliary aid/service or other accommodation due to a disability, call (808) 961-8255 as soon as possible, preferably by October 2, 2023. If a response is received after this date, every effort will be made to obtain the auxiliary aid/service or accommodation, but there is no guarantee the request can be filled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Agendas and agenda items are available on the County website at www.hawaiicounty.gov. Click on Council Records to navigate to current agendas. For any questions, please contact Council Services at (808) 961-8255. Page 15