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Home My WebLink AboutAGE COUNCIL 2024-01-10 2022-2024 Hawaii County Clerk 01/04/2024 09:07:34 AM HEATHER L.KIMBALL tY OF p CINDY EVANS oN.• �`� MICHELLE M. GALIMBA Chair&Presiding Officer �?•' �, JENN KAGIWADA HOLEKA GORO INABA `: °` MATT KANEALI`I-KLEINFELDER Vice Chair — ASHLEY L.KIERKIEWICZ o=— �),��f MTMQ:�p OF NF' SUSAN L.K.LEE LOY REBECCA VILLEGAS COUNTY COUNCIL County of Hawaii Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 29th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii January 10, 2024 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, January 9,2024. 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,January 9,2024,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 Clerk 01/04/2024 09:07:35 AM Hawaii County Council-29 January 10,2024 INVOCATION Rimban Kazunori Takahashi of Honpa Hongwanji Hilo Betsuin CALL TO ORDER 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) COMMUNICATIONS Comm. 657: REPORT OF ATTENDANCE OF COUNCIL MEMBERS KAGIWADA, KIMBALL, AND LEE LOY AT THE KAMEHAMEHA SCHOOLS MEETING HELD AT ITS KEA`AU CAMPUS ON DECEMBER 11, 2023, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Jenn Kagiwada, dated December 11, 2023. ORDER OF RESOLUTIONS Res. 383-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR AN INDEPENDENT AUDITOR(S) Authorizes the Chair of the County Council to enter into a five-year agreement with an independent auditor, to be determined by the Request for Proposal process, to provide an annual audit of accounts and other financial transactions of the County. Reference: Comm. 640 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-120 and Comm. 640.1: From Managing Director Deanna Sako, dated December 22, 2023, transmitting proposed amendments to Res. 383-23. Page 2 Hawaii County Clerk 01/04/2024 09:07:35 AM Hawaii County Council-29 January 10,2024 Res. 384-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Allows for the receipt of$13,000,000 of federally-derived funds to be applied towards the renovations to the Hilo Memorial Hospital, located at 34 Rainbow Drive, South Hilo. Reference: Comm. 641 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-121 and Comm. 641.1: From Finance Director Deanna Sako, dated December 29, 2023, transmitting proposed amendments to Res. 384-23. Res. 385-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT Seeks to form the Hawaii Statewide Economic Development District to enhance regional collaboration and access to federal funding. Reference: Comm. 643 Intr. by: Ms. Evans (B/R) Approve: GOEAC-96 Res. 392-24: 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 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 650 Intr. by: Ms. Lee Loy Page 3 Hawaii County Clerk 01/04/2024 09:07:35 AM Hawaii County Council-29 January 10,2024 Res. 394-24: 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 DISPLAY THE WALL THAT HEALS Transfers $2,000 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. 652 Intr. by: Ms. Galimba Res. 395-24: AUTHORIZES THE FRIENDS OF FIRST RESPONDERS TO USE CONTINGENCY RELIEF FUNDS FROM COUNCIL DISTRICT 5, PREVIOUSLY AWARDED BY RESOLUTION NO. 232-23, FOR A FIRST RESPONDERS TRAINING IN WEST HAWAII Funds would be used to cover expenses for refreshments, brochures, facility rental, and guest speakers. Reference: Comm. 653 Intr. by: Mr. Kaneali`i-Kleinfelder Res. 396-24: 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 DISPLAY THE WALL THAT HEALS Transfers $2,000 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. 654 Intr. by: Ms. Villegas Page 4 Hawaii County Clerk 01/04/2024 09:07:35 AM Hawaii County Council-29 January 10,2024 Res. 397-24: 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 DANIEL R. SAYRE MEMORIAL FOUNDATION TO PURCHASE FIREFIGHTER CHAIRS AND A TELEVISION FOR THE HAWAII FIRE DEPARTMENT'S KAILUA FIRE STATION IN WEST HAWAII Transfers $2,000 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Hawaii Fire Department, Fire Operations Other Current Expenses account. Reference: Comm. 655 Intr. by: Mr. Inaba Res. 398-24: 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 A REIMBURSEMENT OF EXPENSES FOR ITS SPAY AND NEUTER CLINIC Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 656 Intr. by: Ms. Kagiwada Res. 403-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF "GRATIS SHIPMENT" TO THE HAWAII FIRE DEPARTMENT The donation from Young Brothers, with an estimated approximate value of $16,486, would reduce the cost of shipping emergency response vehicles donated to Hawaii County from the City and County of Honolulu. Reference: Comm. 667 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 5 Hawaii County Clerk 01/04/2024 09:07:35 AM Hawaii County Council-29 January 10,2024 Res. 404-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A SHADE CLOTH TO THE DEPARTMENT OF PARKS AND RECREATION The donation from Kona Aquatics, with an estimated value of$39,000, would be installed at the Kona Community Aquatics Center. Reference: Comm. 668 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 405-24: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO AWARD FUNDS TO HAWAII ISLAND VETERAN'S MEMORIAL, INC. Provides grant funds in the amount of$45,000 to be used towards the "The Wall That Heals—Hawai`i County"project. Reference: Comm. 669 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 108: AMENDS CHAPTER 2, ARTICLE 49, SECTION 2-271; CHAPTER 37, (Draft 2) ARTICLE 1, SECTIONS 37-1-2 AND 37-1-3; AND CHAPTER 37, ARTICLE 2, SECTION 37-2-21, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SUSTAINABILITY, CLIMATE, EQUITY, AND RESILIENCE Adds definitions for"trauma" and"trauma informed," and incorporates the concept of applying a"trauma informed approach"to the application of and access to critical resources and support for the County's most vulnerable populations. Reference: Comm. 626.5 Intr. by: Ms. Lee Loy Approve: GOEAC-97 Page 6 Hawaii County Clerk 01/04/2024 09:07:35 AM Hawaii County Council-29 January 10,2024 Bill 109: INITIATES AN AMENDMENT TO AMEND ARTICLE XIII, SECTION 13-8 OF THE HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS Proposes to revise the County Charter to require the Mayor to appoint department heads within 30 days of taking office and within 60 days of any vacancy occurring during the Mayor's term of office, and further that the department head shall not take office until confirmed by the County Council. Reference: Comm. 627 Intr. by: Mr. Inaba and Ms. Villegas Approve: GOEAC-98 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter Bill 110: AMENDS CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO ESTABLISHING A REGISTRY OF INFORMATION FOR THE PURPOSE OF NOTIFYING PROPERTY OWNERS OF VANDALISM, IMMEDIATE HAZARDS, OR DISASTERS Requires owners of real property, or a designated agent of an absentee property owner, to provide to the County the property owner or designated agent's name, mailing address, telephone number, and email address to allow the County to distribute the contact information amongst County departments and agencies for the purpose of notifying the property owner or agent of potential or existing harmful impacts to the property due to vandalism, immediate hazards, emergencies or disasters. Reference: Comm. 639 Intr. by: Ms. Kierkiewicz Approve: PCHSW-9 Page 7 Hawaii County Clerk 01/04/2024 09:07:35 AM Hawaii County Council-29 January 10,2024 Bill 111: 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—Community Project Funding-Hilo Memorial Hospital Renovation account($13,000,000); and appropriates the same to the Community Project Funding-Hilo Memorial Hospital Renovation account to be applied towards the renovations to the Hilo Memorial Hospital, located at 34 Rainbow Drive, South Hilo. Reference: Comm. 641 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-122 Bill 112: 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 Federal Grants—State Homeland Security Program Fiscal Year 2023 account($80,000); and appropriates the same to the State Homeland Security Program Fiscal Year 2023 account for a total appropriation of$780,000. Funds would be used by the Civil Defense Agency to enhance community preparedness and resilience, support law enforcement evidence storage and warehousing, and add vehicles for law enforcement personnel and Civil Defense emergency response. Reference: Comm. 642 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-123 Page 8 Hawaii County Clerk 01/04/2024 09:07:35 AM Hawaii County Council-29 January 10,2024 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 82: AMENDS CHAPTER 2, ARTICLE 9, SECTION 2-40 AND ADDS A NEW (Draft 4) 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. 496.53 Intr. by: Mr. Kaneali`i-KI einfelder First Reading: December 20, 2023 and Comm. 496.54: From Council Member Matt Kaneali`i-Kleinfelder, dated December 22, 2023, transmitting proposed amendments to Bill 82, Draft 4. 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 First Reading: December 20, 2023 Page 9 Hawaii County Clerk 01/04/2024 09:07:35 AM Hawaii County Council-29 January 10,2024 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 First Reading: December 20, 2023 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) First Reading: 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) First Reading: December 20, 2023 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 10 Hawaii County Clerk 01/04/2024 09:07:35 AM Hawaii County Council-29 January 10,2024 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) First Reading: December 20, 2023 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter REPORTS GOEAC-90 NOMINATION OF NONA WILSON TO THE BANYAN DRIVE HAWAII (Comm. 615): REDEVELOPMENT AGENCY Postponed: December 20, 2023 (Note: There is a motion by Ms. Lee Loy, seconded by Mr. Inaba, to confirm Ms. Wilson's nomination to the Banyan Drive Hawaii Redevelopment Agency.) GOEAC-94 NOMINATION OF BRIAN CUSHNIE TO THE FIRE COMMISSION (Comm. 624): Requires Council Confirmation by: January 13, 2024 (Section 13-4(k), Hawai`i County Charter) GOEAC-95 NOMINATION OF ERICA PEREZ TO THE ENVIRONMENTAL (Comm. 625): MANAGEMENT COMMISSION Requires Council Confirmation by: January 13, 2024 (Section 13-4(k), Hawai`i County Charter) Page 11 Hawaii County Clerk 01/04/2024 09:07:35 AM Hawaii County Council-29 January 10,2024 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT 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/IJCJNalwg4OoK7a-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 January 8, 2024. 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 12