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Home My WebLink AboutAGE COUNCIL 2024-03-06 2022-2024 ACTIONS HEATHER L. KIMBALL CINDY EVANS Chair & Presiding Officer MICHELLE M. GALIMBA JENN KAGIWADA HOLEKA GORO INABA MATT KĀNEALIʻI-KLEINFELDER Vice Chair ASHLEY L. KIERKIEWICZ SUSAN L. K. LEE LOY REBECCA VILLEGAS COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 rd 33 Session ORDER OF BUSINESS Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i March 6, 2024 9:00 a.m. Notice is hereby given that the Hawai‘i County Council will be conducting this meeting via interactive conference technology (ICT) pursuant to Hawai‘i Revised Statutes §92-3.5. Council Members will be participating via ICT at the:  Kona Council Chambers, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A Members of the public may also attend from this location. Public attendance via Courtesy Site is available at the following locations:  Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa‘au; and  Pāhoa Council Office, 15-2879 Pāhoa 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, March 5, 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, March 5, 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, Hawai‘i, 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 Hawai‘i County Council-33 March 6, 2024 INVOCATION Pastor Mark Zier of Christ Lutheran Church 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 January 10, 2024 APPROVED: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Page 2 Hawai‘i County Council-33 March 6, 2024 ORDER OF RESOLUTIONS Res. 433-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2024 OUTSTANDING OLDER AMERICANS MONTH AWARD LUNCHEON Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 723 Intr. by: Ms. Lee Loy Postponed: February 21, 2024 (Note: There is a motion by Ms. Lee Loy, seconded by Ms. Galimba, to adopt Res. 433-24.) ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Res. 437-24: CREATES THIRTY-THREE NEW TEMPORARY POLICE OFFICER I POSITIONS FOR THE POLICE DEPARTMENT Establishes additional positions for the Police Department’s Recruit Training Pool to allow for the transition and rotation of inbound and existing Police Officer I recruits. Reference: Comm. 727 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-143 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Page 3 Hawai‘i County Council-33 March 6, 2024 Res. 438-24: AUTHORIZES THE PLANNING DEPARTMENT TO AWARD FUNDS TO VARIOUS NONPROFIT ORGANIZATIONS THROUGH THE KĪLAUEA RECOVERY GRANT PROGRAM Provides $3,293,400 in grant funds to various nonprofit organizations to provide relief, recovery, mitigation, and long-term resilience for disaster damages, losses, and suffering caused by the 2018 Kīlauea eruption. Reference: Comm. 728 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-144 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Res. 439-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION DIGITAL IMAGING DEVICE FOR THE DEPARTMENT OF LIQUOR CONTROL Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $300, to be used by the department’s Hilo Office. Reference: Comm. 729 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-145 ADOPTED: Ayes: Council Members Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 7. Noes: None. Absent: Council Members Evans and Galimba – 2. Excused: None. Page 4 Hawai‘i County Council-33 March 6, 2024 Res. 441-24: AUTHORIZES THE MAYOR TO ENTER INTO AN ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROCEEDING UNDER SECTION 309(a) OF THE CLEAN WATER ACT, 33 U.S.C. §1319(a) The agreement would establish a binding order on the County to remediate deficiencies in the condition and maintenance of wastewater treatment facilities in Hilo, Kulaāpaʻimano, Pʻikou, and Kealakehe. The Administrative Order on Consent outlines issues of concern and proposed remedial activities the County would be required to undertake and complete prior to 2035. Reference: Comm. 732 Intr. by: Ms. Evans (B/R) Approve: GOEAC-111 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball – 7. Noes: None. Absent: Council Members Galimba and Lee Loy – 2. Excused: None. Res. 444-24: AUTHORIZES THE ISLAND OF HAWAI‘I YMCA TO USE CONTINGENCY RELIEF FUNDS FROM COUNCIL DISTRICT 3, PREVIOUSLY AWARDED BY RESOLUTION NO. 411-24, FOR EXPENSES RELATING TO A MURAL PROJECT FOR ITS NEW HORIZONS YOUTH DEVELOPMENT PROGRAM Funds would be used to cover artist consultation fees and to purchase art materials. Reference: Comm. 748 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Page 5 Hawai‘i County Council-33 March 6, 2024 Res. 445-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ROOT AND RISE HAWAI‘I FOR EXPENSES RELATING TO ITS NATURE AND ART AS THERAPY WORKSHOPS Transfers $6,400 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 749 Intr. by: Ms. Galimba ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Res. 446-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ORCHIDS TO THE DEPARTMENT OF PARKS AND RECREATION The donation from Quintal Farms, with an estimated value of $30,000, would be planted around the Pana‘ewa Rainforest Zoo and Garden by the Orchid Society. Reference: Comm. 750 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Page 6 Hawai‘i County Council-33 March 6, 2024 Res. 447-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $169, to be used by the department’s Nutrition Division. Reference: Comm. 751 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Res. 448-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HO‘OULU LĀHUI FOR EXPENSES RELATING TO THE PUNA FOOD SUMMIT, A COMMUNITY ACTIVATION EVENT OF REVITALIZE PUNA 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. 753 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Page 7 Hawai‘i County Council-33 March 6, 2024 BILLS FOR ORDINANCES (FIRST READING) Bill 132: AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY RENAMING KAHAKAI PARK, THE “WAIAKAHIʻULA BEACH PARK” IN RECOGNITION OF ITS ORIGINAL PLACE NAME Reference: Comm. 721 Intr. by: Ms. Kierkiewicz Approve: PCHSW-10 ST PASSED 1 READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Bill 135: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Increases revenues in the American Job Center-One Stop Program Income account ($75,540); and appropriates the same to the American Job Center-One Stop Program account. These additional funds would be used to pay for additional costs incurred for rent and utilities generated by a recent office relocation. Reference: Comm. 752 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC ST PASSED 1 READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Page 8 Hawai‘i County Council-33 March 6, 2024 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 109: INITIATES AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE (Draft 4) HAWAI‘I 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. Reference: Comm. 627.23 Intr. by: Mr. Inaba and Ms. Villegas First Reading: January 10, 2024 Second Reading: January 24, 2024 Postponed: February 7, 2024 Held Over Pursuant to Council Rule 23(1)(d): February 21, 2024 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai‘i County Charter (Note: There is a motion by Mr. Inaba, seconded by Ms. Villegas, to pass Bill 109, Draft 3, on third and final reading.) RD PASSED 3 OF THREE REQUIRED READINGS: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Bill 128: AMENDS CHAPTER 11, ARTICLE 1, SECTION 11-15, OF THE HAWAIʻI (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TRANSFER OF EXCESS AFFORDABLE HOUSING CREDITS Requires developers of affordable housing projects to obtain approval from the Housing Administrator prior to initiating the transfer of excess affordable housing credits and that the Housing Administrator validate any such transfer upon its completion. Reference: Comm. 695.2 Intr. by: Mr. Inaba and Ms. Kimball First Reading: February 21, 2024 (Vote on Bill 128, Draft 2, is on the next page.) Page 9 Hawai‘i County Council-33 March 6, 2024 ND PASSED 2 AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Bill 129: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the State Grants – Transit-Oriented Development Capital Improvement Projects for Kukuiola Village 9 account ($400,000); and appropriates the same to Transit-Oriented Development Capital Improvement Projects for Kukuiola Village 9 account. Funds would be used to support the assessment, design, and feasibility of low-income affordable housing in a portion of Kukuiola Village 9 in North Kona. Reference: Comm. 703 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: February 21, 2024 ND PASSED 2 AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Bill 130: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279, SCHEDULE 27 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED AT ALL TIMES Adds parking restrictions for two segments of Kilohana Street that intersect with Ailina Street and Sunset Drive. Reference: Comm. 704 Intr. by: Ms. Lee Loy (B/R) First Reading: February 21, 2024 (Vote on Bill 130 is on the next page.) Page 10 Hawai‘i County Council-33 March 6, 2024 ND PASSED 2 AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Bill 131: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC (Draft 2) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Public Works Puna Alternate Routes Study – County Project ($1,000,000); and the Puna Alternate Routes 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 ($1,000,000) and State Grants Receivable ($1,000,000), to identify alternate routes to relieve traffic congestion and increase evacuation capacity, if needed. Reference: Comm. 715.2 Intr. by: Ms. Kierkiewicz First Reading: February 21, 2024 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ND PASSED 2 AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. Page 11 Hawai‘i County Council-33 March 6, 2024 Bill 133: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Increases revenues in the Federal Grants – Civil Defense Emergency Management Performance Grant account ($118,750); and appropriates the same to Civil Defense Emergency Management Performance Grant account, for a total appropriation of $343,750. These additional funds would be used to update the Multi-Hazard Mitigation Plan and purchase Adobe software licenses. Reference: Comm. 730 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: February 21, 2024 ND PASSED 2 AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. REPORTS GOEAC-109 NOMINATION OF ROGER KAIWI TO THE LEEWARD PLANNING (Comm. 719): COMMISSION Requires Council Confirmation by: March 16, 2024 (Section 13-4(k), Hawaiʻi County Charter) FAILED: Ayes: Council Members Evans, Kierkiewicz, and Lee Loy – 3. Noes: Council Members Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Villegas, and Chair Kimball – 5. Absent: Council Member Galimba – 1. Excused: None. GOEAC-110 NOMINATION OF CECI DAVENPORT TO THE LIQUOR CONTROL (Comm. 720): ADJUDICATION BOARD Requires Council Confirmation by: March 16, 2024 (Section 13-4(k), Hawaiʻi County Charter) (Vote on GOEAC-110 is on the next page.) Page 12 Hawai‘i County Council-33 March 6, 2024 CONFIRMED: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball – 7. Noes: None. Absent: Council Members Galimba and Villegas – 2. Excused: None. REFERRALS FOR EXECUTIVE SESSION Comm. 747: BLAKE DAY V. COUNTY OF HAWAI‘I; CV 23-00576 LEK-RT From Deputy Corporation Counsel Steven K. Idemoto, dated February 15, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Evans, Inaba, Kagiwada, Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 8. Noes: None. Absent: Council Member Galimba – 1. Excused: None. The Council anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council’s attorney on questions and issues pertaining to the Council’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaiʻi Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 1:09 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 Page 13 Hawai‘i County Council-33 March 6, 2024 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/UCJNalwg4OoK7a_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 March 4, 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 14