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Home My WebLink AboutAGE COUNCIL 2024-08-07 2022-2024 Hawaii County Clerk 08/01/2024 09:01:55 AM HEATHER L.KIMBALL tY OF p CINDY EVANS oN.• �`� MICHELLE M. GALIMBA Chair&Presiding Officer �?•' �, JENN KAGIWADA HOLEKA GORO INABA `: °` MATT KANEALI`I-KLEINFELDER Vice Chair — ASHLEY L.KIERKIEWICZ o=— �),��f MTMQ:�p� OF NF' SUSAN L.K.LEE LOY REBECCA VILLEGAS COUNTY COUNCIL County of Hawaii Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 45th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii August 7, 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; • Lily Yoshimatsu Senior Center, 67-1199 Mamalahoa Highway,Waimea; and • Ocean View Community Association, 92-8924 Leilani Circle. 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, August 6,2024. 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,August 6,2024,by: (1) email to counciltestimony@hawaiicounty.gov; (2) facsimile to (808) 961-8912; or(3) mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720. All written testimony,regardless of time of receipt,will be made part of the permanent record. Please submit separate testimony for each item. Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Clerk 08/01/2024 09:01:55 AM Hawaii County Council-45 August 7,2024 INVOCATION Pastor Ron Brav of Calvary Chapel Hilo ORDER OF BUSINESS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT,AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Pursuant to HRS §92-3, oral testimony may be provided entirely at the beginning of the meeting, or immediately preceding the agenda item being opened for deliberation by the Council. (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES May 16, 2024 May 30, 2024 ORDER OF RESOLUTIONS Res. 559-24: AUTHORIZES THE HAWAII FIRE DEPARTMENT TO AWARD FUNDS TO HAWAII WILDFIRE MANAGEMENT ORGANIZATION Pursuant to Chapter 2, Article 25, Section 2-139(a)(3)(A), Hawaii County Code, the Hawaii Fire Department is providing a grant of$33,200 to the Hawaii Wildfire Management Organization to be used towards Phase 1 of the "Community Fuels Reduction and Defensible Space"project. Reference: Comm. 936 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-176 Page 2 Hawaii County Clerk 08/01/2024 09:01:55 AM Hawaii County Council-45 August 7,2024 Res. 561-24: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR A CONSERVATION EASEMENT FOR ALL OR A PORTION OF THE PROPERTY IDENTIFIED AS TAX MAP KEYS: 7-6-021:016 AND 017, SITUATED IN HOLUALOA, DISTRICT OF NORTH KONA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire approximately 68.84 acres of land to protect and preserve cultural and natural resources and open certain areas of the property for education, gathering, and cultural practices. The parcel is listed as priority number eight in the 2022 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 941 Intr. by: Ms. Villegas Approve: LAAC-66 Res. 563-24: DIRECTS THE COUNTY CLERK TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 23-71, RELATING TO VACANCY IN OFFICE, ON THE 2024 GENERAL ELECTION BALLOT Ordinance No. 23-71 proposes an amendment to the Hawaii County Charter that would add an exception to the process of filling vacancies on the County Council by providing that a vacant County Council district seat shall be filled by the person elected to serve the upcoming Council term, if that vacancy occurs or exists after the incoming Council Member was elected. Reference: Comm. 949 Intr. by: Ms. Kimball Res. 564-24: DIRECTS THE COUNTY CLERK TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 24-25, RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS, ON THE 2024 GENERAL ELECTION BALLOT Ordinance No. 24-25 proposes an amendment to the Hawaii County Charter that would 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. 950 Intr. by: Ms. Kimball Page 3 Hawaii County Clerk 08/01/2024 09:01:55 AM Hawaii County Council-45 August 7,2024 Res. 565-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIIAN PARADISE PARK NEIGHBORHOOD WATCH TO ASSIST WITH ITS PUNA NEIGHBORHOOD WATCH PROGRAM Transfers $13,310 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 951 Intr. by: Ms. Kierkiewicz Res. 566-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KU`IKAHI MEDIATION CENTER INC. FOR ITS BASIC MEDIATION TRAINING FOR VOLUNTEERS Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 952 Intr. by: Ms. Kierkiewicz Res. 567-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE 10TH ANNUAL HAWAII ISLAND ALL NATIONS POWWOW Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 953 Intr. by: Ms. Kierkiewicz Page 4 Hawaii County Clerk 08/01/2024 09:01:55 AM Hawaii County Council-45 August 7,2024 Res. 568-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE 2024 HAWAII ISLAND ALL NATIONS POWWOW Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 954 Intr. by: Mr. Kaneali`i-Kleinfelder Res. 569-24: 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 LIONS FOUNDATION TO SUPPORT THE DOWNTOWN HILO CHRISTMAS LIGHTS PARADE Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 955 Intr. by: Ms. Lee Loy Res. 570-24: 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 LIONS FOUNDATION TO SUPPORT THE 2024 DOWNTOWN HILO CHRISTMAS LIGHTS PARADE Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 956 Intr. by: Ms. Kimball Page 5 Hawaii County Clerk 08/01/2024 09:01:55 AM Hawaii County Council-45 August 7,2024 Res. 571-24: 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 FRIENDS OF FIRST RESPONDERS FOR EXPENSES RELATING TO THE ROBUST CONFERENCE 2024 FOR FIRST RESPONDERS AND THEIR FAMILIES Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Police Department, Training account. Reference: Comm. 957 Intr. by: Ms. Kimball Res. 572-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ALANUI `O KAT FOR ITS INAUGURAL KAT WELLNESS FESTIVAL Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 958 Intr. by: Ms. Galimba Res. 575-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED TOWARDS TRAINING AND TRAVEL EXPENSES FOR THE "PROTECTING CHILDREN ONLINE" TRAINING TO THE OFFICE OF THE PROSECUTING ATTORNEY The donation of approximately $17,370 is being provided by the Statewide Children's Justice Act Grant Task Force. Reference: Comm. 964 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 6 Hawaii County Clerk 08/01/2024 09:01:55 AM Hawaii County Council-45 August 7,2024 Res. 576-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE LARGE FORMAT MULTI-FUNCTION DEVICE FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$252, to be used by the department's Kona office. Reference: Comm. 965 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Res. 577-24: DIRECTS THE COUNTY CLERK TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 24-54, RELATING TO THE COST OF GOVERNMENT COMMISSION, ON THE 2024 GENERAL ELECTION BALLOT Ordinance No. 24-54 proposes an amendment to the Hawaii County Charter that would increase the terms of members from 11 months to 22 months, expand 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. 966 Intr. by: Ms. Kimball BILLS FOR ORDINANCES (FIRST READING) Bill 174: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53, AND ARTICLE 10, SECTION 19-71, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES Allows residential properties rented for six months or more to be eligible for the Homeowner tax classification and replaces the term "husband and wife"with "married persons". Reference: Comm. 905 Intr. by: Ms. Kagiwada and Ms. Galimba Approve: FC-177 Page 7 Hawaii County Clerk 08/01/2024 09:01:55 AM Hawaii County Council-45 August 7,2024 Bill 179: AMENDS CHAPTER 16, ARTICLE 3, SECTION 16-5, OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEES Seeks to amend subsection (a) by requiring all members to have a"principal" residence instead of"primary"residence, in accordance with Chapter 19, Subsection 19-71(e)(2) of the Code, in the area covered by the Community Development Plan. Reference: Comm. 929.2 Intr. by: Mr. Inaba Approve: PCPLUD-11 Bill 180: AMENDS ORDINANCE NO. 24-33, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2024, TO JUNE 30, 2025 Adds the Police Department Hawaii County Morgue project($1.5 million)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources. Reference: Comm. 930 Intr. by: Mr. Kaneali`i-Kleinfelder Approve: FC-178 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Bill 182: AMENDS CHAPTER 24, ARTICLE 4, SECTION 24-17 AND SECTION 24-19, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AN EXEMPTION FROM CERTAIN MOTOR VEHICLE TAXES AND FEES FOR VEHICLES USED BY POLICE OFFICERS IN THEIR OFFICIAL DUTIES Seeks to exempt motor vehicles owned or leased for twelve months or longer by the County and County-subsidized motor vehicles from motor vehicle taxes and certain vehicle registration fees. Reference: Comm. 940 Intr. by: Ms. Kimball Approve: FC-179 Page 8 Hawaii County Clerk 08/01/2024 09:01:55 AM Hawaii County Council-45 August 7,2024 Bill 183: REPEALS ORDINANCE NO. 12 132, WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO MULTIPLE-FAMILY RESIDENTIAL— 3,000 SQUARE FEET (RM-3) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-038:017 (Planning Director Initiated) (Area: Approx. 0.9793 acres) The Windward Planning Commission forwards its favorable recommendation to revert the zoning from Multiple-Family Residential to its original designation of Single-Family Residential at the request of the owner. The property is located at 1623 Kino`ole Street. Reference: Comm. 942 Intr. by: Mr. Inaba(B/R) Approve: LAAC-67 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 175: AMENDS CHAPTER 15, ARTICLE 9, SECTION 15-72 OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATIONAL FARMERS MARKET FACILITY SCHEDULE Increases the potential establishment of farmers markets by adding three park facilities to the Hilo/Hamakua region, one park facility to the Ka`u region, one park facility to the Kohala region, two park facilities to the Kona region, and two park facilities to the Puna region, and updates the park facility name in the Puna region to "William `Billy' Kenoi District Park." Reference: Comm. 917.4 Intr. by: Ms. Kagiwada(B/R) First Reading: July 24, 2024 Page 9 Hawaii County Clerk 08/01/2024 09:01:55 AM Hawaii County Council-45 August 7,2024 Bill 176: AMENDS CHAPTER 2, ARTICLE 25 OF THE HAWAII COUNTY CODE 1983 (Draft 3) (2016 EDITION, AS AMENDED), RELATING TO APPROPRIATION OF FUNDS TO NONPROFIT ORGANIZATIONS Adds and amends existing definitions and amends provisions regulating requirements for nonprofit organizations to be eligible for County funding, conditions placed on the receipt of grant awards, and procedures for the awarding of grants. Reference: Comm. 918.9 Intr. by: Mr. Inaba First Reading: July 24, 2024 Bill 177: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Appropriates revenues in the Federal Grants—Justice Assistance Grant-Special Response Team Capability Enhancement grant account($50,537); and appropriates the same to the Justice Assistance Grant-Special Response Team Capability Enhancement grant account, to be used to fund travel and training to increase the efficiency and readiness of the Police Department's Special Response Team. Reference: Comm. 923 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: July 24, 2024 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 764.78: MAYOR'S VETO MESSAGE REGARDING BILL 140, RELATING TO SOLID WASTE FACILITIES From Mayor Mitchell D. Roth, dated July 24, 2024, returning Bill 140 and stating his reason for disapproval. ; and Comm. 764.79: REQUEST TO RECONSIDER BILL 140, RELATING TO SOLID WASTE FACILITIES From Council Member Ashley L. Kierkiewicz, dated July 26, 2024, requesting that Bill 140 be placed on the August 7, 2024, Council agenda for reconsideration and a potential override of the Mayor's disapproval. (Bill 140 continues on the next page.) Page 10 Hawaii County Clerk 08/01/2024 09:01:55 AM Hawaii County Council-45 August 7,2024 ; and 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 First Reading: June 19, 2024 Second Reading: July 10, 2024 Mayor Veto: July 24, 2024 Note: Requires 2/3 vote of the entire membership to override the Mayor's veto, pursuant to Section 3-12, Hawaii County Charter ANNOUNCEMENTS ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation`By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. Live Stream of County Council Meetings: To view the live stream of this meeting, at the scheduled meeting start time, type the following into the address bar of the browser: http://hawaiicounty.granicus.comNiewPublisher.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/TJCJNalwg40oK7a-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 August 5, 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 11