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HomeMy WebLinkAboutAGE COUNCIL 2024-09-17 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 48th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii September 17, 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; • 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, Monday, September 16, 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 Monday, September 16, 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-48 September 17,2024 INVOCATION Senior Pastor Sunny Ahn of Kona Methodist Church ORDER OF BUSINESS 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 July 10, 2024—APPROVED ORDER OF RESOLUTIONS Res. 591-24: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 26, RELATING TO TRANSFER OF COUNTY COUNCIL DISTRICT CONTINGENCY RELIEF FUNDS Reference: Comm. 990 Intr. by: Mr. Inaba Approve: GOEAC-153 ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Page 2 Hawaii County Council-48 September 17,2024 Res. 592-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TAXATION Authorizes the Mayor to enter into a memorandum of agreement to share confidential tax return information relating to the administration of the State and County of Hawai`i's Transient Accommodations Tax. Reference: Comm. 992 Intr. by: Ms. Evans (B/R) Approve: GOEAC-154 ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 593-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH Allows for the receipt of$925,000 of federally-derived funds to support opioid remediation activities. Reference: Comm. 993 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-192 ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Page 3 Hawaii County Council-48 September 17,2024 Res. 616-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOLUALOA VILLAGE OHANA TO ASSIST WITH EXPENSES FOR ITS 25TH ANNUAL COFFEE AND ART STROLL Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1024 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 617-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PATH—PEOPLE FOR ACTIVE TRANSPORTATION HAWAII TO PURCHASE PET WASTE BAGS FOR THE DISPENSERS AT THE OLD WALUA TRAIL Transfers $1,600 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1025 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Page 4 Hawaii County Council-48 September 17,2024 Res. 618-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WAIMEA COMMUNITY ASSOCIATION FOR THE PURCHASE AND SHIPMENT OF FOUR OUTDOOR BENCHES FOR THE WAIMEA COMMUNITY Transfers $3,784 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Public Works, Administration Other Current Expenses account. Reference: Comm. 1026 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 619-24: 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 $2,700 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Police Department, Training account. Reference: Comm. 1027 Intr. by: Ms. Kagiwada ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Page 5 Hawaii County Council-48 September 17,2024 Res. 620-24: 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 AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATING TO THE 2024 HAWAII ISLAND VETERANS DAY PARADE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1028 Intr. by: Ms. Kagiwada ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 621-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR A MULTIFUNCTION, COLOR PRINTER FOR THE OFFICE OF THE COUNTY CLERK, SUPPORT SERVICES DIVISION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$2,000. Reference: Comm. 1029 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Page 6 Hawaii County Council-48 September 17,2024 Res. 622-24: 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 ISLAND OF HAWAII YMCA FOR ITS FAMILY VISITATION CENTER PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1035 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 623-24: 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 NORTH HAWAII HERITAGE FOUNDATION FOR THE 2024 HAMAKUA SUGAR DAYS FESTIVAL Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1036 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 7 Hawaii County Council-48 September 17,2024 Res. 624-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PAPA`ALOA ALL HALLOW'S EVE COMMUNITY EVENT Transfers $1,400 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 1037 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 625-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU'U HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1038 Intr. by: Ms. Galimba ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 8 Hawaii County Council-48 September 17,2024 Res. 626-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO ASSIST KEA`AU MIDDLE SCHOOL WITH BUS TRANSPORTATION FOR ITS YOUTH LEADERSHIP ACTIVITIES IN THE 2024-2025 SCHOOL YEAR Transfers $1,760 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1039 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 627-24: 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 COUNTY SEQUENTIAL INTERCEPT MODEL REPORT Transfers $3,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1040 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 9 Hawaii County Council-48 September 17,2024 Res. 628-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOLUALOA FOUNDATION FOR ARTS AND CULTURE TO ASSIST WITH EXPENSES FOR THE"COOL FUSION: FESTIVAL OF 1,000 BOWLS" EVENT AT THE DONKEY MILL ART CENTER Transfers $7,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Destination Management account. Reference: Comm. 1041 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 629-24: APPROVES THE NOMINATION OF MEMBERS TO THE NATIONAL ASSOCIATION OF COUNTIES (NACo) BOARD OF DIRECTORS AND THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS Requests the Council's approval of the following slates of officers: NACo— Tommy Waters, City and County of Honolulu; KipuKai Kuali`i, Kauai County; and Susan L. K. Lee Loy, Hawaii County; and WIR—Shane Sinenci, Maui County, and Michelle M. Galimba, Hawaii County. Reference: Comm. 1042 Intr. by: Ms. Kimball Waived: GOEAC ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 10 Hawaii County Council-48 September 17,2024 Res. 631-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT WITH RUNBECK ELECTION SERVICES FOR THE AGILIS SOFTWARE FOR THE OFFICE OF THE COUNTY CLERK, ELECTIONS DIVISION Authorizes the Mayor to enter into a four-year agreement with an approximate total cost of$196,500. Reference: Comm. 1045 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 165: AMENDS CHAPTER 24, ARTICLE 10 OF THE HAWAII COUNTY (Draft 2) CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING Changes the County Building parking lot located at 25 Aupuni Street in Hilo from a two-hour metered parking zone to a two-hour parking area, effective January 1, 2025. Reference: Comm. 884.3 Intr. by: Ms. Evans Approve: PCIA-13 PASSED IST READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 11 Hawaii County Council-48 September 17,2024 Bill 196: 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 —Opioid Settlement Funds account ($925,000); and appropriates the same to the Opioid Settlement Funds account to support opioid remediation activities. Reference: Comm. 993 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-193 PASSED IST READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 197: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Increases revenues in the State Grants —Career Criminal Program account ($55,034); and appropriates the same to the Career Criminal Prosecution Program account, for a total appropriation of$546,168. Funds would be used to support nine positions in the Office of the Prosecuting Attorney. Reference: Comm. 994 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-194 PASSED IST READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 12 Hawaii County Council-48 September 17,2024 Bill 203: AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY NAMING THE BALLFIELDS AT WILLIAM "BILLY" KENOI DISTRICT PARK THE "HOWARD SANORIA BALLFIELDS" IN HONOR OF HOWARD FERNANDO SANORIA Reference: Comm. 1044 Intr. by: Ms. Kierkiewicz Waived: PCHSW PASSED IST READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) Bill 104: AMENDS CHAPTER 19, ARTICLE 1, SECTION 19-2; CHAPTER 19, (Draft 7) ARTICLE 7, SECTION 19-53; AND CHAPTER 19, ARTICLE 11, SECTION 19-90, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE CREATION OF A LONG-TERM RENTAL CLASS FOR REAL PROPERTY TAXES Establishes a Long-Term Rental tax assignment classification for properties that are occupied under a signed lease for six consecutive months or more to the same tenant. Reference: Comm. 600.50 Intr. by: Ms. Kagiwada and Ms. Galimba Postponed: July 10 and 24, 2024 First Reading: September 4, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Villegas —7. Noes: Acting Chair Inaba— 1. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 13 Hawaii County Council-48 September 17,2024 Bill 123: AMENDS CHAPTER 19, ARTICLE 1 AND ARTICLE 13, CHAPTER 23, (Draft 5) ARTICLE 9, AND CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 5, AND ARTICLE 6, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO OHANA DWELLING UNITS Removes each instance of the term "ohana dwelling" from the County Code and inserts the term "accessory dwelling unit", and adds provisions for the establishment of an accessory dwelling unit. Reference: Comm. 677.32 Intr. by: Ms. Kimball and Ms. Kierkiewicz Postponed: August 21, 2024 First Reading: September 4, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Kimball, and Lee Loy —5. Noes: Council Members Evans, Villegas, and Acting Chair Inaba—3. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 127: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-44, OF THE (Draft 4) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO CONDITIONS ON CHANGE OF ZONE Requires the Planning Director to include time constraints for the completion or satisfaction of conditions imposed in change of zoning district ordinances that do not revert zoning to a previous zoning district designation or an open zoning designation. Reference: Comm. 694.13 Intr. by: Mr. Inaba First Reading: September 4, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 14 Hawaii County Council-48 September 17,2024 Bill 188: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-57, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE NONDEDICATED AGRICULTURAL USE ASSESSMENT PROGRAM Seeks to change the sunset date of the nondedicated agricultural use assessment program from January 1, 2028, to January 1, 2029, extends the time for property owners in the program to reapply for alternative programs from September 1, 2025, to September 1, 2026, and sets a September 1, 2028, deadline for the director to review all reapplications. Reference: Comm. 967 Intr. by: Ms. Kimball and Mr. Kaneali`i-Kleinfelder First Reading: September 4, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 189: AMENDS CHAPTER 19, ARTICLE 1, SECTION 19-2, ARTICLE 7, SECTION 19-53, AND ARTICLE 8, SECTION 19-61, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES Amends definitions for"Community food sustainability use" and "Diversified agriculture", allows for properties under the Community Food Sustainability Use Assessment and Short-Term Commercial Agricultural Use Dedication programs to be eligible for the Homeowner tax classification if the property is used as the owner's primary residence, and removes the limit of three consecutive, three-year terms for dedication in the Short-Term Commercial Agricultural Use program. Reference: Comm. 968 Intr. by: Ms. Kimball and Ms. Galimba First Reading: September 4, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 15 Hawaii County Council-48 September 17,2024 Bill 190: 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 —Volunteers in Service to America Support Grant account($40,000); and appropriates the same to the Volunteers in Service to America Support Grant account. Funds would be used to provide community-based training and regional education from local historians, cultural practitioners, and other sources to AmeriCorps Volunteers in Service to America personnel. Reference: Comm. 979 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: September 4, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 191: 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 —Hawai`i County Trek the Trails account($96,000); and appropriates the same to the Hawaii County Trek the Trails account. Funds would be used to promote alternative transportation options, pedestrian and bicycle safety, and introduce the community to the interconnectivity provided through the Trek the Trails project. Reference: Comm. 980 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: September 4, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 16 Hawaii County Council-48 September 17,2024 Bill 192: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Increases revenues in the Federal Grants —Volunteer Fire Assist account($17,800); and appropriates the same to the Volunteer Fire Assistance—Federal account, for a total appropriation of$317,800. Funds would be used for public safety supplies for Volunteer Fire Operations. Reference: Comm. 981 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: September 4, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 193: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, SCHEDULE 28 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NO PARKING AT ANY TIME Prohibits parking at any time alongside Kaiminani Drive in North Kona at the following locations: (1) on the south side of Waikane Place from a point 51 feet southeast of Waikane Place extending 399 feet northwest; and (2) on the northside of Waikane Place from a point 75 feet southeast of Anapau Place extending 69 feet northwest of Waikane Place. Reference: Comm. 984 Intr. by: Ms. Lee Loy (B/R) First Reading: September 4, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 17 Hawaii County Council-48 September 17,2024 REPORTS GOEAC-152 NOMINATION OF NATHAN GADDIS TO THE BANYAN DRIVE HAWAII (Comm. 1010): REDEVELOPMENT AGENCY CONFIRMED: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. REFERRALS FOR EXECUTIVE SESSION Comm. 1023: CLAIM AGAINST THE COUNTY OF HAWAIUINABA ENGINEERING LLC From Claims Investigator Clifford D. Victorine, IH, dated August 26, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Villegas —7. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: Council Member Inaba— 1. 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: 10:30 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 party. It does not necessarily signify support of or opposition to the proposal. Page 18 Hawaii County Council-48 September 17,2024 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 September 13, 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 19