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Home My WebLink AboutAGE COUNCIL 2023-11-15 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 26th Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii November 15, 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: • Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, Room 1401 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, November 14, 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,November 14, 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-26 November 15,2023 INVOCATION Senior Pastor Sunny Ahn of Kona United Methodist Church CALL TO ORDER 9:00 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 18, 2023 APPROVED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. COMMUNICATIONS Comm. 323.2: REPORT OF ATTENDANCE OF COUNCIL MEMBERS EVANS, INABA, KIMBALL, AND VILLEGAS AT THE 2023 WEST HAWAII DISABILITY COUNTY COUNCIL LEGISLATIVE FORUM HELD AT THE MAKA`EO PAVILION ON OCTOBER 19, 2023, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Holeka Goro Inaba, dated October 27, 2023. FILED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 2 Hawaii County Council-26 November 15,2023 ORDER OF RESOLUTIONS Res. 317-23: APPROVES THE ESTABLISHMENT OF A SISTER CITY RELATIONSHIP BETWEEN THE COUNTY OF HAWAII AND HATSUKAICHI, HIROSHIMA PREFECTURE, JAPAN, AND AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO ENTER INTO A FORMAL SIGNED AGREEMENT Authorizes the Mayor to formally establish this sister-city relationship, pursuant to Section 2-165 of the Hawaii County Code. Reference: Comm. 542 Intr. by: Ms. Kimball and Mr. Inaba Approve: GOEAC-80 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 329-23: AUTHORIZES THE MAYOR TO ENTER INTO ANNUAL FLOOD- MONITORING AGREEMENTS WITH THE UNITED STATES GEOLOGICAL SURVEY Authorizes the Mayor to enter into five-year agreements to fund a Flood- Monitoring Program to collect long-term data related to annual peak streamflow, which would be used to map flood-prone areas for land use management and for the planning and design of flood management systems. Reference: Comm. 558 Intr. by: Ms. Evans (B/R) Approve: GOEAC-81 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 3 Hawaii County Council-26 November 15,2023 Res. 330-23: STRONGLY URGES PROTECTION OF IWI KUPUNA AT KUMUKAHI AND COLLECTIVE ACTION TO PRESERVE AND MANAGE CULTURAL AND NATURAL RESOURCES OF KUMUKAHI Seeks to preserve and protect this site by limiting exposure to burial sites and cultural features. Reference: Comm. 559 Intr. by: Ms. Kierkiewicz Approve: GOEAC-82 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 331-23: AUTHORIZES THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO AWARD FUNDS TO VARIOUS ORGANIZATIONS FOR PROGRAMS ADDRESSING AFFORDABLE HOUSING Allows for the distribution of$17,324,559.46 of grant funds to seven organizations to support the County's Affordable Housing Production Program. Reference: Comm. 560 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-103 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 333-23: STRONGLY URGES THE OFFICE OF THE MAYOR TO INCREASE CAPACITY AND FUNDING FOR THE HAWAII FIRE DEPARTMENT TO PROACTIVELY MITIGATE THE POTENTIAL IMPACTS OF WILDFIRES Reference: Comm. 565 Intr. by: Ms. Kierkiewicz Approve: GOEAC-83 (Vote on Res. 333-23 is on the next page.) Page 4 Hawaii County Council-26 November 15,2023 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 348-23: 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 SANCTUARY OF MANA KE`A GARDENS FOR EXPENSES RELATED TO ITS WELLNESS THROUGH AGRICULTURE MANIFESTIVAL 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. 581 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 349-23: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES ASSOCIATED WITH THE 2023 HAWAII ISLAND VETERANS DAY PARADE Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 582 Intr. by: Ms. Villegas (Vote on Res. 349-23 is on the next page.) Page 5 Hawaii County Council-26 November 15,2023 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba, Kaneali`i-Kleinfelder, and Lee Loy —3. Excused: None. Res. 350-23: 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 HAWAII ISLAND HIV/AIDS FOUNDATION FOR EXPENSES RELATED TO HEALTH EDUCATION, TESTING, AND COMMUNITY OUTREACH Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Hawaii County Resource Center account. Reference: Comm. 583 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 351-23: 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 ZONTA CLUB OF HILO FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS "AMELIA EARHART GIRLS IN ENGINEERING DAY" EVENT 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. 584 Intr. by: Ms. Kierkiewicz (Vote on Res. 351-23 is on the next page.) Page 6 Hawaii County Council-26 November 15,2023 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 352-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KUIKAHI MEDIATION CENTER INC. FOR ITS EAST HAWAII LANDLORD TENANT MEDIATION PROGRAM 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. 585 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 353-23: 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 FOOD BASKET INC. FOR THE PURCHASE AND INSTALLATION OF TEN SECURITY CAMERAS AT VARIOUS PROPERTIES TO ASSIST ITS AGRICULTURAL SUPPLIERS IN COUNCIL DISTRICT 1 Transfers $6,050 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 586 Intr. by: Ms. Kimball (Vote on Res. 353-23 is on the next page.) Page 7 Hawaii County Council-26 November 15,2023 ADOPTED: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 354-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE DEPARTMENT OF PARKS AND RECREATION WITH ITS HONOKA`A VALENTINE'S TEEN DANCE Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account($1,500) and Equipment account($1,500). Reference: Comm. 587 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 355-23: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE DEPARTMENT OF HAWAIIAN HOME LANDS REGARDING MAINTENANCE AND IMPROVEMENT OF COUNTY MAINTAINED ROADS IN KEAUKAHA Authorizes the Mayor to enter into an agreement for paving, widening, and drainage improvements for certain roads located in Keaukaha. Reference: Comm. 588 Intr. by: Ms. Evans (B/R) Waived: GOEAC ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 8 Hawaii County Council-26 November 15,2023 Res. 356-23: APPROVES LEGISLATIVE PROPOSALS AND PRIORITIES FOR INCLUSION IN THE 2024 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Includes four proposals relating to Family Leave, Tobacco Products, Traffic Regulation, and Emergency Management; and nine 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 communities; (6) financing of residential cesspool conversions; (7) insurance coverage for properties located in Lava Zones 1 and 2; (8) insurance coverage for communities impacted by wildfires, hurricanes, and flooding; and (9) managing invasive species. Reference: Comm. 589 Intr. by: Ms. Kimball Waived: GOEAC ADOPTED: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 357-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR EXPENSES RELATED TO THE MAINTENANCE AND BEAUTIFICATION OF THE RENE SIRACUSA PAHOA ROUNDABOUT Transfers $3,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 591 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 9 Hawaii County Council-26 November 15,2023 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: November 1, 2023 (Note: There is a motion by Ms. Lee Loy, seconded by Ms. Galimba, to pass Bill 83 on first reading.) PASSED IST READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Bill 95: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, (Draft 2) SCHEDULE 28, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION), RELATING TO NO PARKING AT ANYTIME UPON CERTAIN STREETS OR PORTIONS OF STREETS Adds a provision to prohibit parking alongside a section of Old Mamalahoa Highway that fronts the De Luz Quarry adjacent to an exposed lava tube. Reference: Comm. 543.2 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-3 PASSED IST READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 10 Hawaii County Council-26 November 15,2023 Bill 96: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Decreases appropriations in the Housing Production account(-$17,324,559.46); and appropriates the same to the following accounts: Kamakoa Nui LP-Construction ($2 million), Mental Health Kokua-Property Acquisition ($5.5 million), Hale O Hawaii County-Volcano Construction ($300,000), Hale O Hawaii County-Hilo Construction ($300,000), Ho`omalu at Waikoloa LP-Construction ($3 million), OHCD-Infrastructure Development Kamakoa Nui ($5.4 million), and Hawaii Island Community Development Corporation-Construction Mohouli ($824,559.46). Reference: Comm. 560 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-104 PASSED IST READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Bill 97: 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 Lanikaula Street Rehabilitation Kilauea Avenue to Manono Street—County project($1,250,000) and the Lanikaula Street Rehabilitation Kilauea Avenue to Manono Street—Federal project($5 million)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources ($1,250,000) and Federal Grants Receivable ($5 million), to rehabilitate roadway pavement. Reference: Comm. 561 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-105 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter (Vote on Bill 97 is on the next page) Page 11 Hawaii County Council-26 November 15,2023 PASSED IST READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Bill 98: 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 —Kua Bay account($198,220) and West Hawaii Ocean Safety account($245,194); and appropriates the same to the Kua Bay —State Salaries and Wages account and the Hapuna Beach—State Salaries and Wages account, for total appropriations of$778,220 (Kua Bay) and $1,264,297 (Hapuna Beach). These additional funds would be used for costs associated with ocean safety at Kua Bay and Hapuna Beach. Reference: Comm. 562 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-106 PASSED IST READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Bill 99: 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 —Traffic Safety Training Project account ($11,479.88); and appropriates the same to the Traffic Safety Training Project account, for a total appropriation of$166,479.88. These additional funds would be used to support the Office of the Prosecuting Attorney's Traffic Safety Training Proj ect. Reference: Comm. 563 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-107 (Vote on Bill 99 is on the next page) Page 12 Hawaii County Council-26 November 15,2023 PASSED IST READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. ORDER OF THE DAY(SECOND OR FINAL 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 First Reading: October 4, 2023 Postponed: October 18, 2023 (Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by Ms. Villegas, to pass Bill 66, Draft 2, on second and final reading.) AMENDED TO DRAFT 3 AND PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 13 Hawaii County Council-26 November 15,2023 Bill 84: AMENDS CHAPTER 5, ARTICLE 4, SECTION 5-4-7 AND CHAPTER 5, (Draft 2) 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. 516.8 Intr. by: Ms. Kimball and Ms. Lee Loy First Reading: November 1, 2023 AMENDED TO DRAFT 3 AND PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. 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) First Reading: November 1, 2023 (Vote on Bill 85, Draft 2, is on the next page.) Page 14 Hawaii County Council-26 November 15,2023 AMENDED TO DRAFT 3 AND PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, and Chair Kimball —5. Noes: None. Absent: Council Members Galimba, Kaneali`i-Kleinfelder, Lee Loy, and Villegas —4. Excused: None. 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) First Reading: November 1, 2023 AMENDED TO DRAFT 2 AND PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 15 Hawaii County Council-26 November 15,2023 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) First Reading: November 1, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. 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) First Reading: November 1, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 16 Hawaii County Council-26 November 15,2023 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) First Reading: November 1, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. 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) First Reading: November 1, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 17 Hawaii County Council-26 November 15,2023 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) First Reading: November 1, 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 Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. 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) First Reading: November 1, 2023 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 18 Hawaii County Council-26 November 15,2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. 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) First Reading: November 1, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 3:08 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. Page 19 Hawaii County Council-26 November 15,2023 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 November 13, 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 20