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Home My WebLink AboutAGE COUNCIL 2024-04-03 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 35th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii April 3, 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, April 2, 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,April 2, 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 Council-35 April 3,2024 INVOCATION Pastor Ron Brav of Calvary Chapel Hilo 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 February 7, 2024 - APPROVED ORDER OF RESOLUTIONS Res. 450-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT IN THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS FUND TO ENHANCE THE FACILITIES AND PARK GROUNDS AT THE WILLIAM "BILLY" KENOI DISTRICT PARK Allocates $37,000 for improvements to the Pahoa Aquatic Center, appliances and equipment for the Pahoa Neighborhood Facility, and the addition of memorial plaques honoring the contributions made by Mayor William `Billy" Kenoi and Madie Greene. Reference: Comm. 762 Intr. by: Ms. Kierkiewicz Approve: FC-148 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kierkiewicz, and Chair Kimball —5. Noes: None. Absent: Council Members Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, and Villegas —4. Excused: None. Page 2 Hawaii County Council-35 April 3,2024 Res. 451-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES OF THREE FIRE APPARATUS FOR THE FIRE DEPARTMENT Authorizes the Mayor to enter into five-year lease agreements with an approximate monthly cost of$27,998 for a replacement hazmat truck for the Kaumana Fire Station and an approximate monthly cost of$37,330 for two replacement engines for the Pahoa and Volcano Fire Stations. Reference: Comm. 765 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-149 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kierkiewicz, and Chair Kimball —5. Noes: None. Absent: Council Members Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, and Villegas —4. Excused: None. Res. 452-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH ARIZONA STATE UNIVERSITY Authorizes the Department of Research and Development to collaborate with Arizona State University to assist with the department's intervention of Public Utilities Commission dockets, including Integrated Grid Planning, Electrification of Transportation, Performance-based Regulation, Competitive Bidding, Microgrid, and consumer rate cases. Reference: Comm. 767 Intr. by: Ms. Evans (B/R) Approve: GOEAC-122 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Page 3 Hawaii County Council-35 April 3,2024 Res. 465-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS 20TH ANNUAL CELEBRATION OF LIFE Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 789 Intr. by: Ms. Kagiwada ADOPTED: 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. Res. 466-24: 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 GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR THE 2024 HILO LEI DAY FESTIVAL Transfers $3,000 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. 790 Intr. by: Ms. Kagiwada ADOPTED: 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. Page 4 Hawaii County Council-35 April 3,2024 Res. 467-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND ADULT CARE FOR ITS CARE-OKE FOR KUPUNA EVENT Transfers $9,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 791 Intr. by: Ms. Kagiwada AMENDED TO DRAFT 2 AND ADOPTED: 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. Res. 468-24: 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 BIG ISLAND RESOURCE CONSERVATION DEVELOPMENT COUNCIL TO PURCHASE CITRIC ACID TO HELP CONTROL COQUI FROGS IN COUNCIL DISTRICT 7 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 792 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Page 5 Hawaii County Council-35 April 3,2024 Res. 469-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE ANNUAL OUTSTANDING OLDER AMERICANS AWARD LUNCHEON ON MAY 10, 2024 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 793 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Res. 470-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATING TO THE HALA FESTIVAL AT THE MAKUU FARMERS MARKET Transfers $2,750 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 794 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Page 6 Hawaii County Council-35 April 3,2024 BILLS FOR ORDINANCES (FIRST READING) Bill 139: AMENDS CHAPTER 4, ARTICLE 1, SECTION 4-1-1; ARTICLE 2, SECTION 4-2-4; AND ARTICLE 4, SECTIONS 4-4-31, 4-4-34, AND 4-4-35, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE ANIMAL CONTROL AND PROTECTION AGENCY Adds a definition for"Police officer"; repeals definitions for"County animal control service" and "Enforcement officer"; amends definitions for"Animal control officer", "Animals", and "Poultry"; and makes other revisions intended to clarify existing provisions. Reference: Comm. 763 Intr. by: Ms. Kimball Approve: PCHSW-11 AMENDED TO DRAFT 2 AND PASSED IST READING: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Bill 141: 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 Elderly Recreation Services account($55,000); and appropriates the same to the Elderly Recreation Services account, for a total appropriation of$195,000. Funds would be used to provide recreational classes to seniors 55 years of age and older. Reference: Comm. 766 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-150 PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Page 7 Hawaii County Council-35 April 3,2024 REPORTS GOEAC-121 NOMINATION OF TYLER PACHECO TO THE TRANSPORTATION (Comm. 740): COMMISSION Negative Recommendation: Due to a vote of 3-ayes, 6-noes WITHDRAWN REFERRALS FOR EXECUTIVE SESSION Comm. 787: CLAIM AGAINST THE COUNTY OF HAWAI`UFICOH FOR PHUAKTAI From Claims Investigator Clifford D. Victorine III, dated March 5, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter submitted by First Insurance Company of Hawaii (FICOH) on behalf of Aree Phuaktai. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Comm. 788: JOHN J. ANDRADE, IV, V. COUNTY OF HAWAII; CIVIL NO. 3CC15100152K From Deputy Corporation Counsel Section Chief Lerisa L. Heroldt, dated March 7, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by Ted H.S. Hong, Esquire, on behalf of his client John J. Andrade, IV. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. The Council anticipates convening an executive meeting regarding the above matters,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 8 Hawaii County Council-35 April 3,2024 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 627.27: MAYOR'S VETO MESSAGE REGARDING BILL 109, DRAFT 4, RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS From Mayor Mitchell D. Roth, dated March 19, 2024, returning Bill 109, Draft 4, and stating his reason for disapproval. ; and Comm. 627.28: REQUEST TO RECONSIDER BILL 109, DRAFT 4, RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS From Council Member Holeka Goro Inaba and Council Member Rebecca Villegas, dated March 26, 2024, requesting that Bill 109, Draft 4, be placed on the April 3, 2024, Council agenda for reconsideration and a potential override of the Mayor's disapproval. ; and Bill 109: INITIATES AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE (Draft 4) 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. 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 Third Reading: March 6, 2024 2/3 Vote: Three required readings, Section 15-1(a), Hawai`i County Charter Mayor Veto: March 19, 2024 Note: Requires 2/3 vote of the entire membership to override the Mayor's veto, pursuant to Section 3-12, Hawaii County Charter (Vote on Bill 109, Draft 4, is on the next page.) Page 9 Hawaii County Council-35 April 3,2024 MAYOR'S VETO OVERRIDDEN: 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. ANNOUNCEMENTS ADJOURNMENT: 11:37 a.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 April 1, 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 10