HomeMy WebLinkAboutAGE COUNCIL 2023-10-04 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
rd
23 Session
ORDER OF BUSINESS
Hawai‘i County Building
25 Aupuni Street
Hilo, Hawai‘i
October 4, 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:
Kona Council Chambers, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway,
Building A
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,
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, 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-23 October 4, 2023
INVOCATION Pastor Ron Brav of Calvary Chapel Hilo
CALL TO ORDER 9:02 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 September 6, 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.
Page 2
Hawai‘i County Council-23 October 4, 2023
ORDER OF RESOLUTIONS
Res. 240-23: APPROVES THE HAWAIʻI COUNTY COUNCIL LEGISLATIVE PROPOSALS
AND PRIORITIES TO BE CONSIDERED FOR INCLUSION IN THE 2024
HAWAIʻI 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
AMENDED TO DRAFT 2 AND ADOPTED:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas,
and Acting Chair Inaba – 9.
Noes: None.
Absent: None.
Excused: None.
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 Waiʻele, Puna property,
(Tax Map Keys: 1-4-003:003 and 037), pursuant to Section 10-16(h) of the
Hawai‘i County Charter.
Reference: Comm. 427
Intr. by: Ms. Kierkiewicz
Approve: LAAC-32
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 3
Hawai‘i County Council-23 October 4, 2023
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
TH
67 ANNUAL HAWAI‘I 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.)
AMENDED TO DRAFT 2 AND 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. 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 Hawaiʻi.
Reference: Comm. 443
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-72
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 4
Hawai‘i County Council-23 October 4, 2023
Res. 255-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
UNIVERSITY OF HAWAI‘I, PURSUANT TO HAWAI‘I REVISED STATUTES
SECTION 46-7, FOR A GRANT TO THE HAWAI‘I 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 Hawai‘i residents.
Reference: Comm. 445
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-73
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. 256-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
STATE OF HAWAI‘I DEPARTMENT OF BUSINESS, ECONOMIC
DEVELOPMENT AND TOURISM, PURSUANT TO HAWAI‘I REVISED
STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAI‘I 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. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-74
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 5
Hawai‘i County Council-23 October 4, 2023
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
AMENDED TO DRAFT 2 AND 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. 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
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 6
Hawai‘i County Council-23 October 4, 2023
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
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. 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
TH
EXPENSES RELATING TO THE 67 ANNUAL HAWAI‘I 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
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-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 HAWAI‘I 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
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. 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 HAWAI‘I 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
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 8
Hawai‘i County Council-23 October 4, 2023
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 HAWAI‘I 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
ADOPTED:
Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, Lee Loy,
Villegas, and Chair Kimball – 7.
Noes: None.
Absent: Council Members Galimba and Kānealiʻi-Kleinfelder – 2.
Excused: None.
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
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 9
Hawai‘i County Council-23 October 4, 2023
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
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. 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
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 10
Hawai‘i 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 Hawai‘i Fire Department, Fire Operations
Other Current Expenses account.
Reference: Comm. 472
Intr. by: Ms. Evans
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. 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
TH
EXPENSES RELATING TO THE 67 ANNUAL HAWAI‘I 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
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 11
Hawai‘i County Council-23 October 4, 2023
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 PĀHOA LAVA ZONE
MUSEUM TO SUPPORT PLACEMAKING INITIATIVES IN PĀHOA
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
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. 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 HAWAI‘I
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
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 12
Hawai‘i County Council-23 October 4, 2023
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 HĀMĀKUA 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
AMENDED TO DRAFT 2 AND 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. 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 Hawai‘i 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. 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-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 Hawai‘i Fire Department’s reserve fleet of engines.
Reference: Comm. 478
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.
BILLS FOR ORDINANCES (FIRST READING)
Bill 66: AMENDS CHAPTER 5, ARTICLE 4, SECTION 5-4-3, OF THE HAWAIʻI
(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 Hawaiʻi 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. Kānealiʻi-Kleinfelder
Approve: PCPLUD-4
ST
PASSED 1 READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Villegas,
and Chair Kimball – 8.
Noes: Council Member Lee Loy – 1.
Absent: None.
Excused: None.
Page 14
Hawai‘i County Council-23 October 4, 2023
Bill 67: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAIʻI 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 Hawai‘i residents.
Reference: Comm. 445
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-75
ST
PASSED 1 READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Villegas,
and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
Bill 68: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAIʻI 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. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-76
ST
PASSED 1 READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Villegas,
and Chair Kimball – 8.
Noes: None.
Absent: Council Member Lee Loy – 1.
Excused: None.
Page 15
Hawai‘i County Council-23 October 4, 2023
Bill 69: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAIʻI 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. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-77
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 70: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAIʻI 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. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-78
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-23 October 4, 2023
Bill 71: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAIʻI 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 Hawai‘i 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. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-79
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.
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 49: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE
(Draft 4) HAWAI‘I 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
(Vote on Bill 49, Draft 4, is on the next page.)
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Hawai‘i County Council-23 October 4, 2023
ND
PASSED 2 OF THREE REQUIRED READINGS:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Bill 61: AMENDS SECTION 25-8-19 (NORTH HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAIʻI 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 ‘ŌŌKALA, NORTHʻ HILO,
HAWAIʻI, 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 Māmalahoa 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
ND
PASSED 2 AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Lee Loy, Villegas, and Chair Kimball – 8.
Noes: None.
Absent: Council Member Kierkiewicz – 1.
Excused: None.
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Hawai‘i County Council-23 October 4, 2023
Bill 64: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAIʻI 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. Kānealiʻi-Kleinfelder (B/R)
First Reading: September 20, 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.
REPORTS
GOEAC-74 NOMINATION OF EILEEN LACERTE TO THE POLICE COMMISSION
(Comm. 440):
Requires Council
Confirmation by: October 13, 2023 (Section 13-4(k),
Hawaiʻi County Charter)
CONFIRMED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
GOEAC-75 NOMINATION OF GONZALO GARCIA TO THE ENVIRONMENTAL
(Comm. 441): MANAGEMENT COMMISSION
Requires Council
Confirmation by: October 13, 2023 (Section 13-4(k),
Hawaiʻi County Charter)
(Vote on GOEAC-75 is on the next page.)
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Hawai‘i County Council-23 October 4, 2023
CONFIRMED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
GOEAC-76 NOMINATION OF ANNA LIU TO THE BANYAN DRIVE HAWAIʻI
(Comm. 442): REDEVELOPMENT AGENCY
CONFIRMED:
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. 396.1: JONATHAN D. ROWE, ET AL. V. COUNTY OF HAWAI‘I; 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.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
Comm. 492: HAWAI‘I ISLAND EARLY LEARNING DEVELOPMENT LLC V. COUNTY
OF HAWAI‘I, 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 Hawai‘i Island Early Learning Development
LLC.
(Vote on Comm. 492 is on the next page.)
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Hawai‘i County Council-23 October 4, 2023
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball – 9.
Noes: None.
Absent: None.
Excused: None.
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
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.)
ANNOUNCEMENTS
ADJOURNMENT: 12:05 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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