HomeMy WebLinkAboutAGE COUNCIL 2024-06-19 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
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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
42nd Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
June 19, 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:
• Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, Room 1401
Members of the public may also attend from this location.
Public attendance via Courtesy is available at the following locations:
• Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa`au;
• 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 18, 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 18, 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-42 June 19,2024
INVOCATION Rabbi Levi Gerlitzky of Chabad Jewish Center
ORDER OF BUSINESS
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)
ORDER OF RESOLUTIONS
Res. 530-24: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-AGENCY
MEMORANDUM OF AGREEMENT WITH THE STATE OF HAWAII,
HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION AND
THE UNIVERSITY OF HAWAII ECONOMIC RESEARCH ORGANIZATION,
PURSUANT TO SECTION 46-7, HAWAII REVISED STATUTES
Allows the Office of Housing and Community Development to collaborate on a
State-wide Analysis of Impediments to Fair Housing, with an estimated cost to the
County of$33,363.
Reference: Comm. 891
Intr. by: Ms. Evans (B/R)
Approve: GOEAC-142
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
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Hawaii County Council-42 June 19,2024
Res. 532-24: AWARDS THE COUNTY OF HAWAII "WAIWAI"NONPROFIT GRANTS-
IN-AID FOR THE FISCAL YEAR 2024-2025
Allocates $2,027,500 to 58 eligible nonprofit programs, pursuant to Section 2-139,
Hawaii County Code.
Reference: Comm. 895
Intr. by: Mr. Inaba
Approve: LAAC-60
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
Res. 536-24: AMENDS SALARY ORDINANCE NO. 24-28 BY AMENDING SECTION 3(B)
TO ADD ADDITIONAL STEPS TO PAY GRADES CA-1 AND CLA-1
Reference: Comm. 901
Intr. by: Ms. Kimball
Approve: FC-166
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
Res. 540-24: 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 AT VARIOUS FACILITIES IN COUNCIL DISTRICT 5
Transfers $7,500 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Parks and Recreation,
Transfer to Capital Projects Fund-General account.
Reference: Comm. 909
Intr. by: Mr. Kaneali`i-Kleinfelder
(Vote on Res. 540-24 is on the next page.)
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Hawaii County Council-42 June 19,2024
ADOPTED:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —7.
Noes: None.
Absent: Council Members Inaba and Villegas —2.
Excused: None.
Res. 541-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO SUPPORT THE DEPARTMENT OF RESEARCH AND
DEVELOPMENT'S BUSINESS AND INDUSTRY DEVELOPMENT
PROGRAMS FOR SMALL BUSINESS SUPPORT PROJECT
Transfers $25,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Research and Development,
Business Development account.
Reference: Comm. 910
Intr. by: Mr. Kaneali`i-Kleinfelder
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
Res. 542-24: A DETERMINATION TO PROCEED TO CREATE AND DEFINE A WATER
SYSTEM IMPROVEMENT DISTRICT FOR IKI PLACE, KOHANAIKI
HOMESTEADS
Provides for the development of this water improvement district, as initiated by
Resolution No. 634-16 and as described in the Preliminary Engineering Report
adopted per Resolution No. 164-23.
Reference: Comm. 911
Intr. by: Mr. Inaba
Waived: LAAC
(Vote on Res. 542-24 is on the next page.)
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Hawaii County Council-42 June 19,2024
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
Res. 545-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII FOR
ITS HAWAII ISLAND GOING HOME CONSORTIUM
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 914
Intr. by: Mr. Kaneali`i-Kleinfelder
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
BILLS FOR ORDINANCES (FIRST READING)
Bill 140: AMENDS CHAPTER 20 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO SOLID WASTE FACILITIES
Requires that all solid waste facilities used for the disposal, collection, and transfer
of household waste be operated and open to the public at least two days per week.
Reference: Comm. 764
Intr. by: Ms. Kierkiewicz
Approve: PCIA-8
PASSED IST READING:
Ayes: Council Members Evans, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, and Lee Loy —6.
Noes: Council Members Galimba and Chair Kimball—2.
Absent: Council Member Villegas — 1.
Excused: None.
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Hawaii County Council-42 June 19,2024
Bill 161: AMENDS CHAPTER 19, ARTICLE 11, SECTION 19-90 OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL
PROPERTY TAXES
Expands permitted uses of Residential Tier Two Property tax revenue to include the
funding of County-sponsored programs designed to address mental health.
Reference: Comm. 858
Intr. by: Mr. Kaneali`i-Kleinfelder
Negative: FC-167 (Due to a vote of 1-aye, 7-noes,
1-absent)
WITHDRAWN
Bill 167: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-284,
SCHEDULE 32 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO TWO-HOUR PARKING AREAS
Restricts parking in marked stalls along Highway 240 between Kika Street and
Ohelo Street in the Hamakua District to two hours, between the hours of 8:00 a.m.
and 4:00 p.m., Monday through Saturday, excluding any observed holiday.
Reference: Comm. 892
Intr. by: Ms. Lee Loy (B/R)
Approve: PCIA-9
PASSED IST READING:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —7.
Noes: None.
Absent: Council Members Inaba and Villegas —2.
Excused: None.
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Hawaii County Council-42 June 19,2024
ORDER OF THE DAY(SECOND OR FINAL READING)
Res. 517-24: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT
(Draft 3) 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. 874.4
Intr. by: Mr. Inaba(B/R)
First Reading: June 5, 2024
Note: Second of two required readings,
Section 101-13, Hawaii Revised Statutes
PASSED 2ND AND FINAL READING:
Ayes: Council Members Galimba, Inaba, Kagiwada, Kierkiewicz,
Lee Loy, and Chair Kimball —6.
Noes: None.
Absent: Council Members Evans, Kaneali`i-Kleinfelder, and Villegas —3.
Excused: None.
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)
First Reading: June 5, 2024
Note: Second of two required readings,
Section 101-13, Hawaii Revised Statutes
(Vote on Res. 518-24 is on the next page.)
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Hawaii County Council-42 June 19,2024
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
Bill 125: AMENDS CHAPTER 6 OF THE HAWAII COUNTY CODE 1983
(Draft 5) (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. 679.90
Intr. by: Ms. Evans
Postponed: March 20, May 1, and May 15, 2024
First Reading: June 5, 2024
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, and Chair Kimball —7.
Noes: Council Member Kagiwada— 1.
Absent: Council Member Villegas — 1.
Excused: None.
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Hawaii County Council-42 June 19,2024
Bill 138: AMENDS CHAPTER 2, ARTICLE 7, OF THE HAWAII COUNTY CODE 1983
(Draft 3) (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. 760.10
Intr. by: Ms. Evans and Mr. Inaba
First Reading: June 5, 2024
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
Bill 145: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 7,
(Draft 3) 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; natural resource management or
agriculture; or climate resilience, environmental science, environmental protection,
or land conservation, and that each category be represented by a different member.
Reference: Comm. 796.14
Intr. by: Ms. Evans
First Reading: June 5, 2024
2/3 Vote: Second of three required readings,
Section 15-1(a), Hawai`i County Charter
(Vote on Bill 145, Draft 3, is on the next page.)
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Hawaii County Council-42 June 19,2024
FAILED:
Ayes: Council Members Evans, Inaba, Kagiwada, and
Kaneali`i-Kleinfelder—4.
Noes: Council Members Galimba, Kierkiewicz, Lee Loy,
and Chair Kimball —4.
Absent: Council Member Villegas — 1.
Excused: None.
Bill 152: AMENDS CHAPTER 5, ARTICLE 1, ARTICLE 4, AND ARTICLE 7, OF THE
(Draft 2) 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 plans.
Reference: Comm. 822.8
Intr. by: Ms. Kimball and Ms. Lee Loy
Postponed: May 15, 2024
First Reading: June 5, 2024
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
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: June 5, 2024
(Note: There is a motion by Mr. Inaba, seconded by Ms. Lee Loy, to pass Bill 153
on second and final reading.)
(Vote on Bill 153 is on the next page)
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Hawaii County Council-42 June 19,2024
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
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)
First Reading: June 5, 2024
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 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
First Reading: June 5, 2024
2/3 Vote: Second of three required readings,
Section 15-1(a), Hawai`i County Charter
(Vote on Bill 168 is on the next page)
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Hawaii County Council-42 June 19,2024
PASSED 2ND OF THREE REQUIRED READINGS:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
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)
First Reading: June 5, 2024
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 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)
First Reading: June 5, 2024
(Vote on Bill 171 is on the next page)
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Hawaii County Council-42 June 19,2024
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
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)
First Reading: June 5, 2024
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
and Chair Kimball —8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
OTHER BUSINESS
(Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on
agenda items.)
ANNOUNCEMENTS
ADJOURNMENT: 12:54 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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Hawaii County Council-42 June 19,2024
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