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Home My WebLink AboutAGE COUNCIL 2023-12-20 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 28th Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii December 20, 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, December 19, 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 19, 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-28 December 20,2023 INVOCATION Pastor Brian Keiser of Lutheran Church of the Holy Trinity 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 November 15, 2023 APPROVED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. ORDER OF RESOLUTIONS Res. 358-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO NA MAMO O KAWA Approves a grant of$123,788 to Na Mamo O Kawa, a 501(c)(3)nonprofit organization, to continue providing land stewardship and cultural education for properties in Kawa, Hilea Nui, and Ka`alaiki (Tax Map Keys: 9-5-016:006, 025 and 9-5-017:005, 007),pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 592 Intr. by: Ms. Galimba Approve: LAAC-44 (Vote on Res. 358-23 is on the next page.) Page 2 Hawaii County Council-28 December 20,2023 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 369-23: AUTHORIZES THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO AWARD FUNDS TO VARIOUS NONPROFIT ORGANIZATIONS FOR PROGRAMS ADDRESSING HOUSING AND HOMELESSNESS Proposes 22 grant awards to 13 different nonprofit organizations for a total of $9,794,459.33 in funding that was derived from Tier Two property tax revenues. Reference: Comm. 617 Intr. by: Mr. Inaba(B/R) Approve: LAAC-45 ADOPTED: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: Council Member Villegas — 1. Absent: Council Member Galimba— 1. Excused: None. Res. 373-23: 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 MAINTENANCE OF EXERCISE EQUIPMENT AT THE IKUO HISAOKA GYMNASIUM IN KAPA`AU Transfers $4,000 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. 629 Intr. by: Ms. Evans (Vote on Res. 373-23 is on the next page.) Page 3 Hawaii County Council-28 December 20,2023 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 374-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2024 SUMMER FUN PROGRAM AT THE NA`ALEHU COMMUNITY CENTER Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Summer/Intersession Class/Activities account. Reference: Comm. 630 Intr. by: Ms. Galimba ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 375-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2024 SUMMER FUN PROGRAM AT THE PAHALA COMMUNITY CENTER Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Summer/Intersession Class/Activities account. Reference: Comm. 631 Intr. by: Ms. Galimba ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 4 Hawaii County Council-28 December 20,2023 Res. 376-23: 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 TO ASSIST WITH FUNDING YOUTH ENGAGEMENT EVENTS FOR KEA`AU MIDDLE SCHOOL IN THE 2023-2024 SCHOOL YEAR Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 632 Intr. by: Mr. Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 377-23: 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 VETERANS MEMORIAL INC. TO ASSIST WITH EXPENSES TO DISPLAY THE WALL THAT HEALS, A MOBILE REPLICA OF THE VIETNAM VETERANS MEMORIAL LOCATED IN WASHINGTON, D.C. Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 633 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 5 Hawaii County Council-28 December 20,2023 Res. 378-23: 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 WAVE RIDERS AGAINST DRUGS TO ASSIST WITH EXPENSES ASSOCIATED WITH THE WEST HAWAII COMMUNITY BEACH CLEANUP 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. 634 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 379-23: 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 VETERANS MEMORIAL INC. TO DISPLAY THE WALL THAT HEALS Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 635 Intr. by: Ms. Kagiwada ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 6 Hawaii County Council-28 December 20,2023 Res. 380-23: 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 DAUGHTERS OF HAWAII TO ASSIST WITH IRRIGATION SYSTEM REPAIRS TO PRESERVE THE ROYAL BANYAN TREE AT HULIHE`E PALACE Transfers $4,800 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 636 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 381-23: 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 VETERANS MEMORIAL INC. FOR EXPENSES RELATED TO THE WALL THAT HEALS EXHIBIT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 637 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 7 Hawaii County Council-28 December 20,2023 Res. 382-23: 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 VETERANS MEMORIAL INC. FOR THE WALL THAT HEALS EXHIBIT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 638 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 386-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF BIOASTIN SUPPLEMENTS TO THE HAWAII FIRE DEPARTMENT The donation from Cyanotech Corporation, with an estimated value of$18,208, would be utilized by firefighters to support their physical fitness and health. Reference: Comm. 644 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 8 Hawaii County Council-28 December 20,2023 Res. 387-23: 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 FRIENDLY FRIDGE RESCUE FOOD PROGRAM IN KAMUELA Transfers $3,900 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 645 Intr. by: Ms. Evans ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 388-23: 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 WILDFIRE MANAGEMENT ORGANIZATION TO ASSIST WITH EXPENSES RELATING TO ITS WILDFIRE HOME RISK ASSESSMENT PROGRAM Transfers $5,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Hawaii Fire Department, Fire Operations Other Current Expenses account. Reference: Comm. 646 Intr. by: Ms. Evans ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 9 Hawaii County Council-28 December 20,2023 BILLS FOR ORDINANCES (FIRST READING) Bill 82: AMENDS CHAPTER 2, ARTICLE 9, SECTION 2-40 AND ADDS A NEW (Draft 3) ARTICLE TO CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO IMPROVING, GRADING, REPAIRING, OR CONSTRUCTION WORK UPON PRIVATE, NONDEDICATED, AND NON-SURRENDERED ROADS Allows for entities who are authorized to make legal decisions regarding private, nondedicated, and non-surrendered roads that are open to the general public and necessary for public transportation to request that the County improve, grade, repair, or perform other construction work upon such roads. Reference: Comm. 496.47 Intr. by: Mr. Kaneali`i-Kleinfelder Approve: PCHSW-6 AMENDED TO DRAFT 4 AND PASSED IST READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Bill 102: AMENDS CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO THE PROHIBITION OF FLAVORED TOBACCO PRODUCTS Prohibits retailers from selling, offering to sell, marketing, displaying, or advertising for sale any product made of or derived from tobacco or nicotine that imparts a taste or smell other than the taste or smell of tobacco. Includes a prospective effective date of 42 days after the day that State law governing the sale of tobacco products is either repealed or suspended. Reference: Comm. 593.4 Intr. by: Ms. Lee Loy Approve: PCHSW-7 PASSED IST READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 10 Hawaii County Council-28 December 20,2023 Bill 103: AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE, (Draft 2) CHAPTER 15, ARTICLE 8, SECTION 15-68.1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY NAMING THE BALLFIELD AT THE DR. FRANCIS F. C. WONG STADIUM IN THE HO`OLULU COMPLEX THE "JAMES "JIMMY" CORREA BALLFIELD" IN HONOR OF JAMES "JIMMY" CORREA Reference: Comm. 599.15 Intr. by: Ms. Kierkiewicz and Ms. Lee Loy Approve: PCHSW-8 PASSED IST READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Bill 105: 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, AS AMENDED), RELATING TO NO PARKING AT ANYTIME UPON CERTAIN STREETS OR PORTION OF STREETS AND PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS Adds a provision to prohibit parking at anytime and provisions to prohibit parking between the hours of 8:00 p.m. and 5:00 a.m. for portions of Alii Drive that front Pahoehoe Beach Park. Reference: Comm. 607 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-4 PASSED IST READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Page 11 Hawaii County Council-28 December 20,2023 Bill 106: 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 Federal Highway Administration Mamalahoa Highway Rehabilitation Part 2—Kamalani Street to Kalamauka Road—Federal Project ($3,000,000) to the Capital Budget. Funds for this project shall be provided from the Federal Grants Receivable Fund, and would be used for paving and resurfacing. Reference: Comm. 608 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-118 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 Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Bill 107: 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 Puna Makai Alternate Route Study —County Project ($500,000) and the Puna Makai Alternate Route Study —State Project($1,000,000) to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources ($500,000) and State Grants Receivable ($1,000,000), to identify an alternate route to relieve traffic congestion and increase evacuation capacity, if needed. Reference: Comm. 609 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-119 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter (Vote on Bill 107 is on the next page) Page 12 Hawaii County Council-28 December 20,2023 PASSED IST READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: Council Member Lee Loy — 1. Absent: Council Member Galimba— 1. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) 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) First Reading: December 6, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 13 Hawaii County Council-28 December 20,2023 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) First Reading: December 6, 2023 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. REPORTS GOEAC-85 REAPPOINTMENT OF JUSTIN ACKERMAN TO THE GAME (Comm. 610): MANAGEMENT ADVISORY COMMISSION Requires Council Confirmation by: December 30, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 14 Hawaii County Council-28 December 20,2023 GOEAC-86 NOMINATION OF DEAN AU TO THE LEEWARD PLANNING (Comm. 611): COMMISSION Requires Council Confirmation by: December 29, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. GOEAC-87 NOMINATION OF JIM BEETS TO THE ENVIRONMENTAL MANAGEMENT (Comm. 612): COMMISSION Requires Council Confirmation by: December 29, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. GOEAC-88 NOMINATION OF JAMES LEE TO THE WATER BOARD (Comm. 613): Requires Council Confirmation by: December 29, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: 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 15 Hawaii County Council-28 December 20,2023 GOEAC-89 NOMINATION OF ALAN OKINAKA TO THE BANYAN DRIVE HAWAII (Comm. 614): REDEVELOPMENT AGENCY CONFIRMED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. GOEAC-90 NOMINATION OF NONA WILSON TO THE BANYAN DRIVE HAWAII (Comm. 615): REDEVELOPMENT AGENCY POSTPONED TO JANUARY 10, 2024: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. GOEAC-91 REAPPOINTMENT OF PAUL "SCOTTY"PAIVA TO THE BOARD OF (Comm. 616): ETHICS Requires Council Confirmation by: December 30, 2023 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. GOEAC-92 APPOINTMENT OF DEANNA S. SAKO AS MANAGING DIRECTOR (Comm. 621): Requires Council Confirmation by: March 1, 2024 (Section 13-8, Hawaii County Charter) (Vote on GOEAC-92 is on the next page.) Page 16 Hawaii County Council-28 December 20,2023 CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. GOEAC-93 APPOINTMENT OF DIANE NAKAGAWA AS FINANCE DIRECTOR (Comm. 622): Requires Council Confirmation by: March 1, 2024 (Section 13-8, Hawaii County Charter) CONFIRMED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 620.1: RESOLUTION NO. 372-23 —REQUEST FOR RECONSIDERATION From Council Member Rebecca Villegas, dated December 13, 2023, requesting that Resolution No. 372-23 be reconsidered pursuant to Council Rule No. 14. MOTION TO RECONSIDER: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: Council Member Galimba— 1. Absent: None. Excused: None. (Res. 372-23 continues on the next page) Page 17 Hawaii County Council-28 December 20,2023 ; and 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 Adopted: December 6, 2023 Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—6. Noes: Council Member Inaba— 1. Absent: Council Members Galimba and Lee Loy —2. Excused: None. (Note: Mr. Inaba voted "kanalua"then "no.") ANNOUNCEMENTS ADJOURNMENT: 5:21 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. Page 18 Hawaii County Council-28 December 20,2023 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 18, 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 19