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HomeMy WebLinkAboutAGE COUNCIL 2023-11-01 2022-2024 ACTIONS HEATHER L.KIMBALL t.,OF p CINDY EVANS Chan&Presiding Officer ?�N �h+,, MIC.'HELLE M. GALIMBA JENN KAGIWADA HOLEKA GORO INABA MATT KANEALI`I-KLEINFELDER Vice Chair — ASHLEY L.KIERKIEWICZ o=— �),�� OF NF' SUSAN L.K.LEE LOY REBECCA VILLEGAS COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 25th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii November 1, 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 31, 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 31, 2023,by: (1) email to counciltestimony@hawaiicounty.gov; (2) facsimile to (808) 961-8912; or(3) mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720. All written testimony,regardless of time of receipt,will be made part of the permanent record. Please submit separate testimony for each item. Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Council-25 November 1,2023 INVOCATION Reverend Kazunori Takahashi of Honpa Hongwanji Hilo Betsuin 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 October 4, 2023 APPROVED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 2 Hawaii County Council-25 November 1,2023 ORDER OF RESOLUTIONS Res. 303-23: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A SIXTY-EIGHT YEAR LEASE WITH KAMAKOA NUI LIMITED PARTNERSHIP FOR THE PURPOSE OF THE DEVELOPMENT AND CONSTRUCTION OF AN AFFORDABLE WORKFORCE RENTAL HOUSING PROJECT, SITUATED AT WAIKOLOA, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAII, AND IDENTIFIED AS TAX MAP KEY: 6-8-042:022 The property located within the County's Kamakoa Nui Subdivision is approximately 10.324 acres, and would be used to develop and construct up to 140-units of affordable workforce rental housing. Reference: Comm. 517 Intr. by: Mr. Inaba(B/R) Approve: LAAC-36 ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 304-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO HAWAII LOCAL2030 HUB Provides grant funds in the amount of$75,000 for community engagement and communication plans to support the County's sustainability and climate action programs, and the Aloha+ Challenge. Reference: Comm. 521 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-93 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. ; and Comm. 521.1: From Finance Director Deanna Sako, dated October 20, 2023, transmitting proposed amendments to Res. 304-23. Page 3 Hawaii County Council-25 November 1,2023 Res. 305-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES OF AMERICA ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Allows for the receipt of$1,522,130 in federally-derived funds to design and implement a city-scale reusable foodware and refillable bottle system in Hilo. Reference: Comm. 522 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-94 ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 306-23: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH THE FEDERAL HIGHWAY ADMINISTRATION AND/OR THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION Allows for the receipt of$249,320 in federally-derived funds to assist the Department of Public Works in developing Safe Routes to School initiatives to promote walking and biking as safe and viable sources of transportation near schools. Reference: Comm. 523 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-95 ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 4 Hawaii County Council-25 November 1,2023 Res. 310-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE JUDICIARY, STATE OF HAWAII Establishes the terms and conditions of use and responsibilities between the Department of Finance-Vehicle Registration and Licensing Division and Judiciary to allow the County access to internal eCourt Kokua. Reference: Comm. 533 Intr. by: Ms. Evans (B/R) Approve: GOEAC-79 ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 318-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE A CERTIFIED AGRICULTURAL SCALE FOR THE WAIMEA POLICE STATION Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Police Department, Police Administration Division-Equipment account. Reference: Comm. 545 Intr. by: Ms. Evans ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 5 Hawaii County Council-25 November 1,2023 Res. 319-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PUU HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 546 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 320-23: 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 KONA TASK FORCE ON FEEDING THE HUNGRY TO ASSIST WITH EXPENSES RELATED TO ITS MEET AND EAT PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 547 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 6 Hawaii County Council-25 November 1,2023 Res. 321-23: 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 WAIAKEA PENINSULA DESIGN LABS Transfers $9,195 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 548 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 322-23: 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 ISLAND HIV/AIDS FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS PUNA HIV, STI, AND OVERDOSE REDUCTION AND REINTEGRATION PROJECT Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 549 Intr. by: Mr. Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 7 Hawaii County Council-25 November 1,2023 Res. 323-23: 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 LILI`UOKALANI GARDENS FOR ITS CHRISTMAS IN THE PARK EVENT Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 550 Intr. by: Mr. Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 324-23: 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 ISLAND OF HAWAII YMCA FOR THE PURCHASE AND INSTALLATION OF AN ICE MACHINE Transfers $5,950 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 551 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Lee Loy, and Chair Kimball —5. Noes: None. Absent: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, and Villegas —4. Excused: None. Page 8 Hawaii County Council-25 November 1,2023 Res. 325-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PUU HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,250 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. 552 Intr. by: Ms. Evans ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Lee Loy, and Chair Kimball —5. Noes: None. Absent: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, and Villegas —4. Excused: None. Res. 326-23: 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 $5,265 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. 553 Intr. by: Ms. Evans ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 9 Hawaii County Council-25 November 1,2023 Res. 327-23: 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 NORTH KOHALA TOOL LIBRARY 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. 554 Intr. by: Ms. Evans ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 332-23: 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 YWCA OF HAWAII ISLAND TO PROMOTE ITS 24-HOUR SEXUAL ASSAULT CRISIS HOTLINE Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 564 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 10 Hawaii County Council-25 November 1,2023 Res. 334-23: 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 FOR THE NA`ALEHU RESILIENCE HUB Transfers $7,500 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. 566 Intr. by: Ms. Galimba ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 335-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO `EWALU INC. FOR REIMBURSEMENT OF EXPENSES RELATED TO ITS DIGITAL LITERACY CLASSES FOR SENIORS Transfers $1,910 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. 567 Intr. by: Ms. Evans ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 11 Hawaii County Council-25 November 1,2023 Res. 336-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO RECYCLE HAWAII FOR A REIMBURSEMENT OF EXPENSES RELATING TO THE HILO DOWNTOWN IMPROVEMENT ASSOCIATION'S ZERO WASTE HALLOWEEN FESTIVAL Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 568 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 83: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, SCHEDULE 28, AND SECTION 24-281, SCHEDULE 29 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION), RELATING TO NO PARKING AT ANYTIME UPON CERTAIN STREETS OR PORTION OF STREETS AND PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS Amends and adds provisions to prohibit parking at all times and adds provisions to prohibit parking between the hours of 8:00 p.m. and 5:00 a.m. for certain portions of Alii Drive that front Kahalu`u Beach Park. Reference: Comm. 498 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-2 POSTPONED TO NOVEMBER 15, 2023: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 12 Hawaii County Council-25 November 1,2023 Bill 84: AMENDS CHAPTER 5, ARTICLE 4, SECTION 5-4-7 AND CHAPTER 5, ARTICLE 5, SECTIONS 5-5-4 AND 5-5-5 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO CANCELLATION OF CONSTRUCTION CODE PERMIT APPLICATIONS, PERMIT EXPIRATIONS, AND PERMIT EXTENSIONS Seeks to standardize and coordinate various timing elements for applications, extensions, and expirations of Construction Code permits to be in alignment with statutorily required adoption of new Construction Code standards to ensure proposed projects are planned and designed in accordance with updated and modified provisions of the Construction Code. Reference: Comm. 516 Intr. by: Ms. Kimball and Ms. Lee Loy Approve: PCPLUD-6 AMENDED TO DRAFT 2 AND PASSED IST READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Acting Chair Kierkiewicz—6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 85: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (Draft 2) CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—3 ACRES (A-3a) TO FAMILY AGRICULTURAL— 1 ACRE (FA-la) AT HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-048:092 (Applicant: Sandra Kaneshiro) (Area: 3.16 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into two lots, each approximately 1.4 acres in size to accommodate existing single-family dwellings. The property is located at 605 Makalika Street, approximately 540 feet southeast(mauka) of its intersection with Railroad Avenue. Reference: Comm. 518.2 Intr. by: Mr. Inaba(B/R) Approve: LAAC-37 PASSED IST READING: Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Lee Loy, and Chair Kimball —5. Noes: Council Member Kaneali`i-Kleinfelder— 1. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 13 Hawaii County Council-25 November 1,2023 Bill 86: AMENDS SECTION 25-8-15 (HAMAKUA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM FAMILY AGRICULTURAL—3 ACRES (FA-3a) TO AGRICULTURAL—5 ACRES (A-5a) AT WAIMEA, HAMAKUA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 4-7-007:048 (Applicant: Shawn and Stephanie Ching) (Area: 34.559 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into six lots, each approximately five acres in size. The property is located at 47-5211 Old Mamalahoa Highway, approximately half a mile southeast of its intersection with Mamalahoa Road. Reference: Comm. 519 Intr. by: Mr. Inaba(B/R) Approve: LAAC-38 PASSED IST READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 87: AMENDS SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT HOTEL—750 SQUARE FEET (V-.75) TO LIMITED INDUSTRIAL—20,000 SQUARE FEET (ML-20) AT HILO, HAWAII, COVERED BY TAX MAP KEY: 2-1-006:002 (Applicant: Aloha Kia) (Area: 1.795 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to develop a new car dealership and service station for Aloha Kia. The property is located at 92 Kalaniana`ole Street, approximately 760-feet northwest of its intersection with Kanoelehua Avenue. Reference: Comm. 520 Intr. by: Mr. Inaba(B/R) Approve: LAAC-39 (Vote on Bill 87 is on the next page) Page 14 Hawaii County Council-25 November 1,2023 POSTPONED TO DECEMBER 6, 2023: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 88: 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 —Environmental Protection Agency Solid Waste Infrastructure for Recycling Grants for Communities account ($1,522,130); and appropriates the same to the Environmental Protection Agency Solid Waste Infrastructure for Recycling Grants for Communities account. Funds would be used to design and implement a city-scale reusable foodware and refillable bottle system in Hilo. Reference: Comm. 522 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-96 PASSED IST READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 89: 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 —Safe Routes to School account ($249,320); and appropriates the same to the Safe Routes to School account to assist the Department of Public Works in developing Safe Routes to School initiatives to promote walking and biking as safe and viable sources of transportation near schools. Reference: Comm. 523 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-97 (Vote on Bill 89 is on the next page) Page 15 Hawaii County Council-25 November 1,2023 PASSED IST READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 90: 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 State Grants —Career Criminal Program account ($94,240); and appropriates the same to the Career Criminal Program account, for a total appropriation of$546,168, to support the prosecution of career criminals. Reference: Comm. 524 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-98 PASSED IST READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 91: 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 State Grants —Victim/Witness Assistance account ($344,199); and appropriates the same to the Aid to Victims account, for a total appropriation of$443,371 to support the Prosecuting Attorney Office's Victim- Witness Assistance Program. Reference: Comm. 525 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-99 PASSED IST READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 16 Hawaii County Council-25 November 1,2023 Bill 92: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Public Works Islandwide Asphalt Concrete Paving Project($3,000,000) to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources, and would be used to resurface County maintained roads islandwide. Reference: Comm. 526 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-100 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter PASSED IST READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 93: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Public Works Waiakea-Palai Streams Flood Risk Management—County project($7,596,700) and the Waiakea-Palai Streams Flood Risk Management— Federal project($8,743,300)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources ($7,596,700) and Federal Grants Receivable ($8,743,300), to construct two flood control detention basins. Reference: Comm. 527 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-101 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter (Vote on Bill 93 is on the next page) Page 17 Hawaii County Council-25 November 1,2023 PASSED IST READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 94: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $187 million in General Obligation Bonds to fund certain Capital Improvement Projects including: Construction of Hilo Wastewater Treatment Plant and other facilities; Parks and Recreation Projects; Office of Housing and Community Development Projects; Public Works Repairs and Maintenance; and Public Works Engineering Drainage, Bridges, and Miscellaneous Road Projects. Reference: Comm. 537 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-102 PASSED IST READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 18 Hawaii County Council-25 November 1,2023 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 72: AMENDS CHAPTER 11, ARTICLE 1, SECTIONS 11-3 AND 11-13 OF THE (Draft 2) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING Amends and adds definitions and adds the Housing Administrator's powers and duties regarding the eligibility requirements for affordable housing. Reference: Comm. 461.2 Intr. by: Ms. Kimball and Mr. Inaba First Reading: October 18, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Kaneali`i-Kleinfelder—6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 73: 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 2023 Emergency Proclamation Homeless Programs — Federal account($2,000,000); and appropriates the same to the 2023 Emergency Proclamation Homeless Programs account($1,900,000); and the 2023 Emergency Proclamation Homeless Programs —Administration account($100,000). Funds would be used to support the implementation and on-going operations of a new homeless shelter program. Reference: Comm. 482 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 19 Hawaii County Council-25 November 1,2023 Bill 74: 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 —Hawai`i County Police Department Data Grant account($16,980); and appropriates the same to the Hawaii County Police Department Data Grant account, for a total appropriation of$89,980. These additional funds would be used to establish a statewide traffic data system and ensure compliance with national standards. Reference: Comm. 483 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 75: 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 —Occupant Protection Program account ($37,959); and appropriates the same to the Occupant Protection Program account, for a total appropriation of$161,959. These additional funds would be used to fund operations focused on occupant protection projects through the Community Highway Safety Program. Reference: Comm. 484 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 20 Hawaii County Council-25 November 1,2023 Bill 76: 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 —Hawai`i County Police Department Roadblock Program account($97,970.95); and appropriates the same to the Hawaii County Police Department Roadblock Program account, for a total appropriation of $522,970.95. These additional funds would be used to fund programs focused on reducing the number of drivers operating a vehicle while impaired. Reference: Comm. 485 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 77: 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 —Hawai`i County Police Department 2023 Special Traffic Enforcement Patrol Grant account($280); and appropriates the same to the Hawaii County Police Department 2023 Special Traffic Enforcement Patrol Grant account, for a total appropriation of$574,514. These additional funds would be used for training, education, enforcement, and community collaboration to reduce the number of traffic fatalities and injuries. Reference: Comm. 486 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 21 Hawaii County Council-25 November 1,2023 Bill 78: 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 Transfer from General Fund account($8,300); and appropriates the same to the Papa`aloa Housing Project account to purchase planter boxes for residential gardening. Reference: Comm. 487 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 79: 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 State Emergency Medical Services account($617,702); and appropriates the same to the Emergency Medical Services Other Current Expenses account($474,008); and the Retirement Benefits account($143,694). Funds would be used to cover collective bargaining agreement salaries, fringe benefits, and operational increases. Reference: Comm. 488 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 22 Hawaii County Council-25 November 1,2023 Bill 80: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Public Works Bridge Repair Projects —Honoli`i and Kaiwilahilahi Streams — Federal project($6 million) to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable to rehabilitate the integrity of these bridges. Reference: Comm. 489 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 81: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Fire Department Waiuli (Leleiwi) Beach Park Lifeguard Tower Construction—Fair Share project($48,000)to the Capital Budget. Funds for this project shall be provided from Fair Share Contributions to replace the existing tower with a new fiberglass surveyor tower. Reference: Comm. 490 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 23 Hawaii County Council-25 November 1,2023 REFERRALS FOR EXECUTIVE SESSION Comm. 544: CLAIM AGAINST THE COUNTY OF HAWAI`UNATIONAL INTERSTATE INSURANCE FOR ISAAC MICHAELS From Claims Investigator-Adjuster Clifford D. Victorine III, dated October 6, 2023, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, a claim submitted by National Interstate Insurance on behalf of Isaac Michaels. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. 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 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 ADJOURNMENT: 1:16 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. 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.com/ViewPublisher.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/UCJNalwg40oK7a-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 30, 2023. If a response is received after this date, every effort Page 24 Hawaii County Council-25 November 1,2023 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 25