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Home My WebLink AboutAGE COUNCIL 2023-12-06 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 27th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii December 6, 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, December 5, 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,December 5, 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-27 December 6,2023 INVOCATION Pastor Dion K. Maeda of Connect Point Church 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 November 1, 2023 APPROVED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. ORDER OF RESOLUTIONS Res. 287-23: URGES THE OFFICE OF THE MAYOR TO REQUIRE THAT ALL BOARD AND COMMISSION MEETINGS PROVIDE VIRTUAL ACCESS FOR PUBLIC PARTICIPATION, LIVE VIEWING, AND POST-MEETING VIEWING Seeks to ensure maximum levels of involvement, transparency, and accountability of government activity. Reference: Comm. 497 Intr. by: Mr. Inaba Approve: GOEAC-84 (Vote on Res. 287-23 is on the next page.) Page 2 Hawaii County Council-27 December 6,2023 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 328-23: URGES THE MAYOR TO ENTER INTO NEGOTIATIONS WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR FOR THE ACQUISITION OF THE PROPERTY IDENTIFIED AS TAX MAP KEY: 5-6-001:062, KNOWN AS OLD COAST GUARD ROAD, AND OTHER ADJACENT FEDERAL LANDS AS MAY BE NECESSARY, SITUATED IN THE AHUPUA`A OF `UPOLU, DISTRICT OF NORTH KOHALA The County seeks to acquire property to provide secure, safe, and legal public access to the Honoipu/Puakea portion of the Ala Kahakai trail system, including the Mo`okini Heiau and birth site of Kamehameha I. Reference: Comm. 557 Intr. by: Ms. Evans Approve: LAAC-40 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Res. 337-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO THE FRIENDS OF AMY B.H. GREENWELL ETHNOBOTANICAL GARDEN Approves a grant of$171,370 to the Friends of Amy B.H. Greenwell Ethnobotanical Garden, a 501(c)(3)nonprofit organization, to continue providing land stewardship and cultural education for properties in Kealakekua(Tax Map Keys: 8-2-013:002, 003, 014; 8-2-014:043 and 8-2-015:059), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 569 Intr. by: Ms. Galimba Approve: LAAC-41 (Vote on Res. 337-23 is on the next page.) Page 3 Hawaii County Council-27 December 6,2023 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 338-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO POHAHA I KA LANI Approves a grant of$56,100 to P6h5h5 I Ka Lani, a 501(c)(3) nonprofit organization, to continue providing land stewardship and cultural education for the Waipi`o Valley Lookout in the Hamakua District(Tax Map Key: 4-8-004:006), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 570 Intr. by: Ms. Kimball Approve: LAAC-42 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 339-23: CREATES ONE NEW CLERK III POSITION FOR THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Establishes a new position to provide clerical support to the Administrative Services Assistant and numerous Specialists in the department. Reference: Comm. 571 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-108 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 4 Hawaii County Council-27 December 6,2023 Res. 340-23: CREATES TWO NEW INFORMATION TECHNOLOGY SPECIALIST IV POSITIONS, ONE NEW INFORMATION TECHNOLOGY SPECIALIST V POSITION, ONE NEW INFORMATION TECHNOLOGY SPECIALIST VI POSITION AND ONE NEW INFORMATION TECHNOLOGY SPECIALIST VII POSITION FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY Establishes five new positions to maintain operational standards, increase vigilance in cybersecurity, and focus on in-depth strategies to increase cyber maturity. Reference: Comm. 572 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-109 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 341-23: CREATES ONE NEW PERMIT SYSTEMS COORDINATOR POSITION AND ONE NEW FACILITIES PROGRAM MANAGER POSITION FOR THE DEPARTMENT OF PUBLIC WORKS Establishes two new positions to (1) maintain the EPIC permitting system and (2) manage the Building Division's Design and Engineering, General Services, and Repair and Maintenance sections. Reference: Comm. 573 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-110 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 5 Hawaii County Council-27 December 6,2023 Res. 342-23: CREATES ONE NEW GRANT COORDINATOR POSITION, ONE NEW PUBLIC SAFETY COUNSELOR POSITION, AND ONE NEW HUMAN RESOURCES SPECIALIST II POSITION FOR THE POLICE DEPARTMENT Establishes three new positions to (1) identify and evaluate potential funding sources, (2) support employees and their families by maintaining a safe and productive work environment, and (3) address the department's personnel expansion. Reference: Comm. 574 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-111 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 343-23: CREATES ONE NEW ASSISTANT CONTROLLER POSITION FOR THE DEPARTMENT OF FINANCE Establishes a new position to assist the Controller with the implementation of new accounting standards statements and the new Enterprise Resource Planning system, as well as address additional requirements for the Employee's Retirement System. Reference: Comm. 575 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-112 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 6 Hawaii County Council-27 December 6,2023 Res. 344-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE GREENS MOWER FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$1,200, to be used at the Hilo Municipal Golf Course. Reference: Comm. 576 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-113 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 345-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND (Draft 2) OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR FOUR 60-INCH DECK ROTARY MOWERS FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$1,350, to be used at the Hilo Municipal Golf Course. Reference: Comm. 577.2 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-114 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 7 Hawaii County Council-27 December 6,2023 Res. 346-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE 5 GANG ROTARY MOWER FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$1,900, to be used at the Hilo Municipal Golf Course. Reference: Comm. 578 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-115 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 347-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Allows for the receipt of$50,000 of federally-derived funds to provide community- based training and regional education from local historians, cultural practitioners, and other sources to AmeriCorps Volunteers in Service to America personnel. Reference: Comm. 579 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-116 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 8 Hawaii County Council-27 December 6,2023 Res. 359-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR REIMBURSEMENT OF EXPENSES RELATED TO THE 37TH ANNUAL BIG ISLAND PRO-AM SURFING TRIALS Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 594 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 360-23: 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 $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 595 Intr. by: Ms. Galimba ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 9 Hawaii County Council-27 December 6,2023 Res. 361-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NORTH KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES RELATED TO THE INSTALLATION OF A NEW BOAT CRANE AT MAHUKONA WHARF Transfers $4,160 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. 596 Intr. by: Ms. Evans ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 362-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA MAMO HA`AHEO TO ASSIST WITH EXPENSES RELATING TO AN ART SERIES USING HAWAIIAN PLANTS Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 597 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 10 Hawaii County Council-27 December 6,2023 Res. 363-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NO NA `OPIO TO ASSIST NA HOA O PUNA SOCCER WITH ITS NA HOA CUP TOURNAMENT Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 601 Intr. by: Mr. Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 364-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA MAMO HA`AHEO TO ASSIST WITH EXPENSES RELATING TO AN ART SERIES USING HAWAIIAN PLANTS Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 602 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 11 Hawaii County Council-27 December 6,2023 Res. 365-23: AUTHORIZES THE FRIENDS OF FIRST RESPONDERS TO USE CONTINGENCY RELIEF FUNDS FROM COUNCIL DISTRICT 7, PREVIOUSLY AWARDED BY RESOLUTION NO. 217-23, FOR FIRST RESPONDERS TRAINING IN WEST HAWAII Funds would be used to cover expenses for refreshments, brochures, facility rental, and guest speakers. Reference: Comm. 603 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 366-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PETFIX SPAY AND NEUTER TO SUPPORT ITS SPAY AND NEUTER CLINICS Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 604 Intr. by: Ms. Galimba ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 12 Hawaii County Council-27 December 6,2023 Res. 367-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HILO WOMAN'S CLUB FOR ITS HOLIDAY MAGIC CONCERT 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. 605 Intr. by: Ms. Kagiwada ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 368-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PETFIX SPAY AND NEUTER FOR ITS SPAY AND NEUTER CLINICS IN RURAL COUNCIL DISTRICT 1 Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 606 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 13 Hawaii County Council-27 December 6,2023 Res. 370-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF AN ADA-COMPLIANT ELKAY WATER REFILLING STATION WITH INSTALLATION TO THE DEPARTMENT OF PARKS AND RECREATION The donation from Keiki of Da Aina Foundation,with an estimated value of $2,000, would be installed at the Kekuaokalani Gymnasium in Kailua-Kona. Reference: Comm. 618 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 371-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF AN AWNING WITH INSTALLATION TO THE DEPARTMENT OF PARKS AND RECREATION The donation from West Hawaii Veterans Cemetery Development and Expansion Association, with an estimated value of$13,000, would be installed at the West Hawaii Veterans Cemetery. Reference: Comm. 619 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 14 Hawaii County Council-27 December 6,2023 BILLS FOR ORDINANCES (FIRST READING) 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 in South Hilo. Reference: Comm. 520 Intr. by: Mr. Inaba(B/R) Approve: LAAC-39 Postponed: November 1, 2023 (Note: There is a motion by Ms. Lee Loy, seconded by Ms. Galimba, to pass Bill 87 on first reading.) AMENDED TO DRAFT 2 AND FAILED: Ayes: None. Noes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Absent: None. Excused: None. Bill 100: 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 Federal Grants —Fiscal Year 2023 Volunteers in Service to America Support Grant account($50,000); and appropriates the same to the Fiscal Year 2023 Volunteers in Service to America Support Grant account. Funds would be used to provide community-based training and regional education to VISTA personnel. Reference: Comm. 579 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-117 (Vote on Bill 100 is on the next page) Page 15 Hawaii County Council-27 December 6,2023 PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Bill 101: AMENDS SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP), (Draft 2) ARTICLE 8, 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 SINGLE- FAMILY RESIDENTIAL—20,000 SQUARE FEET (RS-20) AT HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-079:002 (Applicant: Constance Imamura) (Area: 23,012 square feet) 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 to accommodate an existing dwelling. The property is located at 1212 West Kawailani Street, Waiakea Homesteads, South Hilo. Reference: Comm. 590.2 Intr. by: Mr. Inaba(B/R) Approve: LAAC-43 PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 16 Hawaii County Council-27 December 6,2023 ORDER OF THE DAY(SECOND OR FINAL 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) Postponed: November 1, 2023 First Reading: November 15, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. 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) First Reading: November 15, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 17 Hawaii County Council-27 December 6,2023 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) First Reading: November 15, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. 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) First Reading: November 15, 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 97 is on the next page) Page 18 Hawaii County Council-27 December 6,2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. 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) First Reading: November 15, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. 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) First Reading: November 15, 2023 (Vote on Bill 99 is on the next page) Page 19 Hawaii County Council-27 December 6,2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. REFERRALS FOR EXECUTIVE SESSION Res. 372-23: AUTHORIZES: (1) THE HIRING OF SCHLACK ITO, A LIMITED LIABILITY LAW COMPANY, AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII IN HUI MALAMA HONOKOHAU V. COUNTY OF HAWAII, CIVIL NO. 1:23-CV-00393; AND (2) THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI- YEAR AGREEMENT WITH SPECIAL COUNSEL FOR THE COUNTY'S LEGAL DEFENSE IN HUI MALAMA HONOKOHAU V. COUNTY OF HAWAII, CIVIL NO. 1:23-CV-00393 Authorizes the Mayor to enter into a multi-year agreement with Schlack Ito to provide legal services, with expenses not to exceed $200,000. Reference: Comm. 620 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter ADOPTED: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: Council Members Evans and Inaba—2. Absent: None. Excused: None. (Note: Ms. Lee Loy and Ms. Villegas voted "kanalua"then "aye." Mr. Inaba voted "kanalua"then "no.") 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. Page 20 Hawaii County Council-27 December 6,2023 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 4:33 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 parry. 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 December 4, 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 21