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HomeMy WebLinkAboutAGE COUNCIL 2024-06-05 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 41" Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii June 5, 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; • Pahoa Council Office, 15-2879 Pahoa Village Road; and • Lily Yoshimatsu Senior Center, 67-1199 Mamalahoa Highway,Waimea. 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, June 4, 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, June 4, 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-41 June 5,2024 INVOCATION Rimban Kazunori Takahashi of Honpa Hongwanji Hilo Betsuin ORDER OF BUSINESS CALL TO ORDER 9:04 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 April 3, 2024—APPROVED April 17, 2024—APPROVED ORDER OF RESOLUTIONS Res. 496-24: 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 LGBTQ PRIDE TO SUPPORT ITS 12TH ANNUAL PRIDE FESTIVAL 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. 835 Intr. by: Ms. Kagiwada Postponed: May 1 and 15, 2024 (Note: There is a motion by Ms. Kagiwada, seconded by Ms. Lee Loy, to adopt Res. 496-24.) (Vote on Res. 496-24 is on the next page.) Page 2 Hawaii County Council-41 June 5,2024 AMENDED TO DRAFT 2 AND 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. 514-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF EDUCATION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO PROVIDE MEALS FOR THE COUNTY OF HAWAII SENIOR NUTRITION PROGRAM Reference: Comm. 871 Intr. by: Ms. Evans (B/R) Approve: GOEAC-137 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. 515-24: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH THE UNIVERSITY OF HAWAII AT MANOA Allows the Department of Research and Development to enter into a five-year agreement to share the cost of funding two Extension Agent positions who will cover Indigenous Crops/East Hawaii Master Gardeners and East Hawaii Livestock. Reference: Comm. 872 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-163 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 3 Hawaii County Council-41 June 5,2024 ; and Comm. 872.2: From Economic Development Specialist Glenn T. Sako, Department of Research and Development, dated May 20, 2024, transmitting data in support of Res. 515-24. Res. 516-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF AGRICULTURE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Allows for the receipt of$200,000 of State funds to control green waste, palms, and other "host material"to minimize breeding grounds of the Coconut Rhinoceros Beetle. Reference: Comm. 873 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-164 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. 517-24: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT (Draft 2) DOMAIN OF TAX MAP KEY: 8-6-008:011, SITUATED AT WAIEA, DISTRICT OF SOUTH KONA, COUNTY AND STATE OF HAWAII, FOR CONTINUED USE OF THE WAIEA RECYCLING AND TRANSFER STATION BY THE SOLID WASTE DIVISION OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT The County seeks to acquire approximately 2.282 acres of land to continue to operate the Waiea Recycling and Transfer Station. Reference: Comm. 874.2 Intr. by: Mr. Inaba(B/R) Approve: LAAC-58 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes (Vote on Res. 517-24, Draft 2, is on the next page.) Page 4 Hawaii County Council-41 June 5,2024 AMENDED TO DRAFT 3 AND PASSED IST OF TWO REQUIRED READINGS: 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. ; and Comm. 874.3: From Council Member Holeka Goro Inaba, dated May 23, 2024, transmitting proposed amendments to Res. 517-24, Draft 2. Res. 518-24: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTIES BY EMINENT DOMAIN, BEING PORTIONS OF TAX MAP KEYS: 1-4-001:002 AND 1-4-001:003, SITUATED AT KAPOHO, PUNA, COUNTY AND STATE OF HAWAII, FOR THE RECONSTRUCTION OF LAVA INUNDATED ROADS, COUNTY JOB NUMBER E-4523, SPECIFICALLY POHOIKI ROAD Authorizes the Corporation Counsel to initiate proceedings in eminent domain for the taking, acquisition, and condemnation of private property for the purpose of widening Pohoiki Road to comply with current roadway standards. Reference: Comm. 875 Intr. by: Mr. Inaba(B/R) Approve: LAAC-59 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes PASSED IST OF TWO REQUIRED READINGS: 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 5 Hawaii County Council-41 June 5,2024 Res. 519-24: AUTHORIZES THE CONTINUED EMPLOYMENT OF LEONG KUNIHIRO BROOKE AND KIM, AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, DEPARTMENT OF HUMAN RESOURCES, WORKERS' COMPENSATION DIVISION Extends the retention of Special Counsel Services with additional compensation of $300,000 and total compensation not to exceed $600,000. Reference: Comm. 876 Intr. by: Ms. Evans (B/R) Approve: GOEAC-138 Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter ADOPTED: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Inaba—2. Excused: None. Res. 526-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK MAINTENANCE AND/OR IMPROVEMENT PROJECTS IN COUNCIL DISTRICT 7 Transfers $44,100 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 887 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. Page 6 Hawaii County Council-41 June 5,2024 Res. 527-24: 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 WAIMEA HAWAIIAN HOMESTEADERS ASSOCIATION INC. TO PURCHASE A BRONZE PLAQUE FOR THE JAMES "JIMMY" CORREA BALLFIELD AT DR. FRANCIS F. C. WONG STADIUM Transfers $3,883 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. 888 Intr. by: Ms. Lee Loy AMENDED TO DRAFT 2 AND 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. 528-24: 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 ENVIRONMENTAL RESTORATION TO SUPPORT ITS EFFORTS ON RESTORING AND PRESERVING THE KEAUGHANA STATE FOREST RESERVE Transfers $6,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 889 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-41 June 5,2024 Res. 531-24: REAFFIRMS THE SISTER CITY RELATIONSHIP BETWEEN THE COUNTY OF HAWAII AND HUALIEN COUNTY IN TAIWAN AND URGES THE MAYOR TO ENTER INTO A FORMAL AGREEMENT TO RE-ESTABLISH SAID RELATIONSHIP Reference: Comm. 894 Intr. by: Ms. Kimball Waived: GOEAC ADOPTED: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 533-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Allows for the receipt of$100,000 of State funds for the planning phase of the Waste-to Wealth project in Hilo. Reference: Comm. 897 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-41 June 5,2024 Res. 534-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Allows for the receipt of$10,000 of State funds to hold a free used tire collection and disposal event for Hawaii County residents with educational outreach associated with tire waste. Reference: Comm. 898 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. Res. 535-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS PARK FACILITIES AND POOLS IN COUNCIL DISTRICT 1 Transfers $12,850 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 900 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. Page 9 Hawaii County Council-41 June 5,2024 BILLS FOR ORDINANCES (FIRST READING) Bill 125: AMENDS CHAPTER 6 OF THE HAWAII COUNTY CODE 1983 (Draft 4) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO COMMERCIAL BICYCLE TOURS Establishes annual registration requirements for any person or business operating a commercial bicycle tour and that the County Council may prohibit the operation of commercial bicycle tours on designated portions of public highways if transportation and public safety officials determine that operating the commercial bicycle tour on the designated portion of a public highway poses a threat to public safety. Reference: Comm. 679.72 Intr. by: Ms. Evans Negative: PCPLUD-9 (Due to a vote of 4-ayes, 4-noes, 1-absent) Postponed: March 20, May 1, and May 15, 2024 (Note: There is a motion by Ms. Evans, seconded by Ms. Villegas, to pass Bill 125, Draft 3, as amended, on first reading.) AMENDED TO DRAFT 5 AND PASSED IST READING: Ayes: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: Council Member Kagiwada— 1. Absent: Council Member Galimba— 1. Excused: None. Page 10 Hawaii County Council-41 June 5,2024 Bill 138: AMENDS CHAPTER 2, ARTICLE 7, OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), RELATING TO PLANNING Requires the Planning Director to submit semi-annual reports to the County Council indicating those properties for which: (1) an initial time extension for the performance of conditions on the change of zone has been granted; (2) applications have been approved or denied for zoning variances, subdivision variances, subdivisions, `ohana dwelling unit permits, nonsignificant zoning changes, approval of plans for telecommunication antennas, or additional farm dwelling agreements; and (3) any application, except for registration of a short-term vacation rental, has been approved or denied under the sole authority of the planning director or by operation of applicable law when the planning director failed to approve or deny the application. Reference: Comm. 760.8 Intr. by: Ms. Evans and Mr. Inaba Approve: GOEAC-139 AMENDED TO DRAFT 3 AND 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. ; and Comm. 760.9: From Council Member Cindy Evans, dated May 20, 2024, transmitting proposed amendments to Bill 138, Draft 2. Page 11 Hawaii County Council-41 June 5,2024 Bill 145: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 7, (Draft 2) SECTIONS 6-7.3 AND 6-7.4; AND ARTICLE XVI OF THE HAWAII COUNTY CHARTER (2022 EDITION), RELATING TO THE WINDWARD AND LEEWARD PLANNING COMMISSIONS Adds a requirement that at least one member of each commission have experience or expertise in Native Hawaiian traditional and customary practices, Native Hawaiian law, or traditional Hawaiian land usage; climate resilience, natural resource management, or agricultural sustainability; or environmental science, environmental protection, or land conservation, and that each category be represented by a different member. Reference: Comm. 796.11 Intr. by: Ms. Evans Approve: GOEAC-140 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter AMENDED TO DRAFT 3 AND PASSED IST OF THREE REQUIRED READINGS: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Villegas, and Acting Chair Inaba—6. Noes: Council Members Kierkiewicz and Lee Loy —2. Absent: Council Member Galimba— 1. Excused: None. Bill 152: AMENDS CHAPTER 5, ARTICLE 1, ARTICLE 4, AND ARTICLE 7, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PRE-APPROVED PLANS FOR RESIDENTIAL DWELLINGS Adds a definition for"multi-family dwelling", and amends the plan review fee schedule specific to pre-approved model plans for residential dwellings. Reference: Comm. 822 Intr. by: Ms. Kimball and Ms. Lee Loy Approve: PCPLUD-10 Postponed: May 15, 2024 (Note: There is a motion by Ms. Lee Loy, seconded by Ms. Kagiwada, to pass Bill 152 on first reading.) (Vote on Bill 152 is on the next page) Page 12 Hawaii County Council-41 June 5,2024 AMENDED TO DRAFT 2 AND PASSED IST READING: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Bill 160: INITIATES AN AMENDMENT TO ARTICLE III, ARTICLE VI, AND ARTICLE XVI OF THE CHARTER OF THE COUNTY OF HAWAII (2022 EDITION), RELATING TO THE CORPORATION COUNSEL Moves provisions for the Office of the Corporation Counsel currently in Article VI and under the supervision of the Managing Director into Article III, Legislative Branch, and provides the County Council the sole authority to appoint and remove the Corporation Counsel. Reference: Comm. 857 Intr. by: Mr. Inaba and Ms. Kierkiewicz Negative: GOEAC-141 (Due to a vote of 4-ayes, 4-noes, 1-absent) 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter FAILED: Ayes: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Villegas —5. Noes: Council Members Kagiwada, Lee Loy, and Chair Kimball —3. Absent: Council Member Galimba— 1. Excused: None. (Note: Mr. Kaneali`i-Kleinfelder voted "kanalua"then "aye.") Page 13 Hawaii County Council-41 June 5,2024 Bill 162: 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 the State Grants —Coconut Rhinoceros Beetle Grant account($200,000); and appropriates the same to the Coconut Rhinoceros Beetle Grant account, to control green waste, palms, and other "host material"to minimize breeding grounds of the Coconut Rhinoceros Beetle. Reference: Comm. 873 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-165 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 168: INITIATES AN AMENDMENT TO ARTICLE V, CHAPTER 2, OF THE CHARTER OF THE COUNTY OF HAWAII(2022 EDITION), RELATING TO THE COST OF GOVERNMENT COMMISSION Proposes increasing the terms of members from 11 months to 22 months, expanding the deadline by which the commission submits its findings and recommendations from 11 months to 20 months after appointment, and that commission members would begin their terms 18 months after the beginning of the term of the mayor instead of one year after the beginning of the term of the mayor. Reference: Comm. 893 Intr. by: Ms. Kagiwada and Ms. Evans Waived: GOEAC 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter PASSED IST OF THREE REQUIRED READINGS: 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-41 June 5,2024 Bill 170: 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 the State Grants —Hilo Waste to Wealth Economic Revitalization Program account($100,000); and appropriates the same to the Hilo Waste to Wealth Economic Revitalization Program account for the planning phase of the Waste-to Wealth project in Hilo. Reference: Comm. 897 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC 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 171: 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 the State Grants —Used Tire Disposal Event account ($10,000); and appropriates the same to the Used Tire Disposal Event account to hold a free used tire collection and disposal event for Hawaii County residents with educational outreach associated with tire waste. Reference: Comm. 898 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC 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 15 Hawaii County Council-41 June 5,2024 Bill 172: 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 the Real Property Tax Penalties account($1,500,000); and appropriates the same to the Transfer to Disaster/Emergency Fund account ($500,000) and Transfer to Public Access/Open Space Preservation Fund account ($1,000,000) to maintain compliance with County Charter mandated funding transfers due to excess revenue from real property tax penalties. Reference: Comm. 899 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC PASSED IST READING: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Inaba—2. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) Bill 148: 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 SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL—COMMERCIAL MIXED —20,000 SQUARE FEET (MCX-20) AT HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-036:076 (Applicant: Manono Corner, LLC) (Area: 21,023 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to demolish three existing structures and construct a single-story structure for retail and/or office uses, onsite parking, and access driveways. This property is located on the corner of East Lanikaula Street and Manono Street, Waiakea House Lots, South Hilo. Reference: Comm. 815.2 Intr. by: Mr. Inaba(B/R) First Reading: May 15, 2024 (Vote on Bill 148, Draft 2, is on the next page.) Page 16 Hawaii County Council-41 June 5,2024 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. Bill 149: AMENDS SECTION 25-8-14 (WAIKOLOA VILLAGE 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 OPEN(0) TO INDUSTRIAL-COMMERCIAL MIXED —20,000 SQUARE FEET (MCX-20) AT WAIKOLOA, HAWAII, COVERED BY TAX MAP KEY: 6-8-003:041 (Por.) (Applicant: Waik6loa Village Center LLC) (Area: 26.052 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to develop and operate the Waik6loa Village Light Industrial Center, to include a self-storage facility and flexible use buildings for industrial-commercial business. The property is located on Pua Melia Steet, approximately 0.2 miles southeast of its intersection with Waik6loa Road. Reference: Comm. 816.2 Intr. by: Mr. Inaba(B/R) First Reading: May 15, 2024 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 17 Hawaii County Council-41 June 5,2024 Bill 150: AMENDS ORDINANCE NO. 10-101, WHICH RECLASSIFIED LANDS FROM (Draft 2) AGRICULTURAL—TWENTY ACRES (A-20a) AND SINGLE-FAMILY RESIDENTIAL—7,500 SQUARE FEET (RS-7.5) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15), SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10), SINGLE-FAMILY RESIDENTIAL—7,500 SQUARE FEET (RS-7.5), AND OPEN AT PAHOA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 5-5-019:025 AND 027 (PORTIONS) (Applicant: Hawaii Island Community Development Corporation) (Area: approximately 18.38 acres) The Leeward Planning Commission forwards its favorable recommendation for the applicant's request for a five-year time extension to Condition C (Final Subdivision Approval) for the development of Phase 3 of the Kumakua Self Help Housing Project. The property is located along the makai side of Akoni Pule Highway, approximately 600 feet west of the Kohala High and Elementary School Complex. Reference: Comm. 817.2 Intr. by: Mr. Inaba(B/R) First Reading: May 15, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Kaneali`i-Kleinfelder—2. Excused: None. Bill 151: AMENDS ORDINANCE NOS. 00-90 AND 91-27, WHICH RECLASSIFIED (Draft 2) LANDS FROM OPEN (0) TO VILLAGE COMMERCIAL (CV-10) AT KEAHUOLU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-4-015:015 (PORTION) (Applicant: Lili`uokalani Trust) (Area: 0.874 acre) The Leeward Planning Commission forwards its favorable recommendation for the applicant's request to delete Condition C (time to commence construction), Condition D (Eho Street improvements), Condition F (Eho Street/Queen Ka`ahumanu Highway intersection improvements), and Condition K (Administrative Time Extension). The property is located along the makai side of Queen Ka`ahumanu Highway between Eho Street and the Kona Coast Shopping Center. Reference: Comm. 818.4 Intr. by: Mr. Inaba(B/R) First Reading: May 15, 2024 (Vote on Bill 151, Draft 2, is on the next page.) Page 18 Hawaii County Council-41 June 5,2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Kaneali`i-Kleinfelder—2. Excused: None. Bill 153: AMENDS CHAPTER 4, ARTICLE 4, SECTION 4-4-26, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ANIMALS Increases the penalties for a noisy dog violation from $25 to $50 for the first violation, $75 to $100 for the second violation, $100 to $200 for the third violation, and $200 to $400 for any subsequent violation. Reference: Comm. 823 Intr. by: Ms. Galimba First Reading: May 15, 2024 POSTPONED TO JUNE 19, 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. Bill 154: 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 Parks and Recreation Spencer Kalani Schutte District Park Community Center/Emergency Shelter—Private Project($750,000) to the Capital Budget. Funds for this project shall be provided from Private Contributions to be used for the design, permitting, and other costs associated with the construction of a new multi-use community center/emergency shelter facility at Spencer Kalani Schutte Park. Reference: Comm. 839 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter (Vote on Bill 154 is on the next page) Page 19 Hawaii County Council-41 June 5,2024 PASSED 2ND AND FINAL 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 155: 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 Appropriates fuel tax revenues expected to be collected from 2024-2026 by establishing the following fuel tax program appropriations to the Capital Budget: Roadway Projects (Engineering) ($2,825,755); Bridge Inspection, Repair and Replacement Program (Engineering) ($1,883,836); and Local Road Improvements (Highways) ($4,709,591), for a total appropriation of$9,419,182. Reference: Comm. 840 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter PASSED 2ND AND FINAL 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 20 Hawaii County Council-41 June 5,2024 Bill 156: 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 the Interest—Other Federal account($620,000) and the Interest—Housing account($2,000); and appropriates the same to the Emergency Rental Assistance Administration COVID-19 account($10,000); Cities of Financial Empowerment account($2,000); Emergency Rental Assistance 2 Administration COVID-19 account($500,000); Hawaii Island Landlord/Tenant Mediation Program account($10,000); and the 2021 Hawaii Island Homeowner Assistance Program-Administration account($100,000). Reference: Comm. 841 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba, Inaba, and Villegas —3. Excused: None. Bill 157: 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 the Federal Grants —National Coastal Resilience Fund account($2,000,000); and appropriates the same to the National Coastal Resilience Fund account, to be used by the Department of Research and Development to complete a Community-Based Hilo Resilience and Watershed Management Plan. Reference: Comm. 842 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba, Inaba, and Villegas —3. Excused: None. Page 21 Hawaii County Council-41 June 5,2024 Bill 158: 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 the Federal Grants —Aina Based Youth Prevention and Resilience Programs account($12,000); and appropriates the same to the Aina Based Youth Prevention and Resilience Programs account, to be used by the Department of Parks and Recreation for planning, designing, and implementation of substance free educational community service events. Reference: Comm. 843 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 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. Bill 163: 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 the Federal Grants —Department of Health Complete Streets account($75,000); and appropriates the same to the Department of Health Complete Streets-Federal account, to advance Hawaii County's work on Multi- Modal Transportation Safety. Reference: Comm. 877 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 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 22 Hawaii County Council-41 June 5,2024 Bill 164: 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 the 2024 Emergency Proclamation Homeless Programs — State account($1,000,000); and appropriates the same to the 2024 Emergency Proclamation Homeless Programs account, to support the implementation and ongoing operational support of a new homeless shelter program. Reference: Comm. 881 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 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-130 NOMINATION OF CHELSEA L. AHERN TO THE TRANSPORTATION (Comm. 848): COMMISSION 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-131 NOMINATION OF KEALOHANUI BROWNING TO THE BANYAN DRIVE (Comm. 849): HAWAII 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. Page 23 Hawaii County Council-41 June 5,2024 GOEAC-132 NOMINATION OF ARTHUR BUCKMAN TO THE POLICE COMMISSION (Comm. 850): Negative Recommendation: Due to a vote of 3-ayes, 6-noes Requires Council Confirmation by: June 7, 2024 (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-133 NOMINATION OF JASMINE V. CRUSAT TO THE LIQUOR COMMISSION (Comm. 851): Requires Council Confirmation by: June 7, 2024 (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-134 NOMINATION OF LYAN K. YOUNGS TO THE SALARY COMMISSION (Comm. 852): Requires Council Confirmation by: June 7, 2024 (Section 13-4(k), Hawaii County Charter) WITHDRAWN Page 24 Hawaii County Council-41 June 5,2024 GOEAC-135 NOMINATION OF DAISY MITCHELL TO THE KONA COMMUNITY (Comm. 854): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: June 9, 2024 (Section 134(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-136 NOMINATION OF MEL YOKOYAMA, JR. TO THE KA`U COMMUNITY (Comm. 855): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: June 9, 2024 (Section 134(k), Hawaii County Charter) WITHDRAWN REFERRALS FOR EXECUTIVE SESSION Comm. 886: HUI MALAMA HONOKOHAU V. COUNTY OF HAWAII, ET. AL.; FEDERAL DISTRICT COURT HAWAII, CIVIL CASE 1:23-CV-00393 From Corporation Counsel Elizabeth Strance dated May 16, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including discussion regarding partial settlement. FILED: 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 25 Hawaii County Council-41 June 5,2024 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. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 3:18 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. 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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 26