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HomeMy WebLinkAboutAGE COUNCIL 2024-10-16 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 50th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii October 16, 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, Tuesday, October 15, 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, October 15, 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-50 October 16,2024 INVOCATION Kahu Kealoha Ka`opua of Calvary Community Church in Kona 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 August 7, 2024—APPROVED ORDER OF RESOLUTIONS Res. 633-24: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF A PORTION OF TAX MAP KEY: 9-5-007:016, SITUATED AT KAHILIPALI IKI AND KAHILIPALINUI AHUPUA`A, DISTRICT OF KA`U, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FOR THE NA`ALEHU WASTEWATER TREATMENT PLANT Authorizes the Corporation Counsel to initiate proceedings for the taking, acquisition, and condemnation of private property for the construction of a wastewater treatment plant required by the Administrative Order on consent entered with the U.S. Environmental Protection Agency. Reference: Comm. 1052 Intr. by: Mr. Inaba(B/R) Approve: LAAC-69 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes (Vote on Res. 633-24 is on the next page.) Page 2 Hawaii County Council-50 October 16,2024 PASSED IST OF TWO REQUIRED READINGS: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: Council Member Inaba— 1. Absent: None. Excused: Council Member Galimba— 1. Res. 634-24: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH HAWAIIAN TELCOM, INC. FOR CENTREX BIZ PLUS SERVICE FOR THE HAWAII POLICE DEPARTMENT AND HAWAII FIRE DEPARTMENT Authorizes the Mayor to enter into a three-year agreement at an estimated cost of $22,875 for the Police Department and $11,730 for the Fire Department, for the new joint communications center located at 540 Kupuna Place. Reference: Comm. 1053 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-202 ADOPTED: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba, Lee Loy, and Villegas—3. Excused: None. Res. 635-24: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH DIAGNOSTIC LABS SERVICES INC. FOR BLOOD COLLECTION LABORATORY SERVICES Authorizes the Mayor to enter into a three-year agreement with an estimated cost of $500 per year, to provide blood collection laboratory services for the Hawaii Fire Department to be in compliance with its Bloodborne Pathogens/Infectious Disease Exposure Guidelines. Reference: Comm. 1054 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-203 ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Page 3 Hawaii County Council-50 October 16,2024 Res. 636-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE COUNTY OF HAWAII MASS TRANSIT AGENCY Allows for the receipt of$1,145,239 in federally-derived funds to purchase Americans with Disabilities Act vans to accommodate the increase in ridership within the Paratransit Program. Reference: Comm. 1055 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-204 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. 658-24: AMENDS RESOLUTION NO. 464-24 TO ADD THE EMERGENCY SOLUTIONS GRANT PROGRAM TO THE 2024 COUNTY OF HAWAII ANNUAL ACTION PLAN TO BE SUBMITTED TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO MODIFY THE AUTHORIZATION TO EXECUTE AGREEMENTS Adds the Emergency Solutions Grant Program to allow for the direct receipt of federal funding and clarifies that only the Mayor may execute and submit agreements related to the 2024 County of Hawaii Action Plan. Reference: Comm. 1081 Intr. by: Ms. Evans (B/R) Approve: GOEAC-161 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. Page 4 Hawaii County Council-50 October 16,2024 Res. 664-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE ANIMAL CONTROL AND PROTECTION AGENCY Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$300, to be used by the department's East Hawaii office. Reference: Comm. 1090 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC 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. 666-24: RECOGNIZES OCTOBER AS ANTI-BULLYING AWARENESS MONTH AND PROMOTES EFFORTS TO TAKE A STAND AGAINST BULLYING IN HAWAII COUNTY Encourages all residents, schools, businesses, and organizations to work together to create an atmosphere of zero tolerance for bullying. Reference: Comm. 1095 Intr. by: Ms. Kierkiewicz Waived: GOEAC ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-50 October 16,2024 Res. 667-24: 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 $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1096 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Res. 668-24: 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 LO`I COLLECTIVE FOUNDATION FOR ITS ACCESSIBLE YOUTH ATHLETIC PROGRAM Transfers $4,950 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1097 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. Page 6 Hawaii County Council-50 October 16,2024 Res. 669-24: 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 WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION FOR EXPENSES RELATING TO THE PERMANENT CAMP TARAWA DISPLAY AT ELLISON ONIZUKA INTERNATIONAL AIRPORT Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1098 Intr. by: Ms. Evans ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Res. 670-24: 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-PUU HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICAN DAY Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1099 Intr. by: Ms. Evans ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 7 Hawaii County Council-50 October 16,2024 Res. 671-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KUIKAHI MEDIATION CENTER INC., FOR ITS COLLABORATION, LEADERSHIP, AND TEAMWORK TRAINING SERIES Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1100 Intr. by: Ms. Kagiwada ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Res. 672-24: 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 $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1101 Intr. by: Ms. Kagiwada ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 8 Hawaii County Council-50 October 16,2024 Res. 673-24: 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 ANUENUE FOR ITS INAUGURAL INCLUSIVE PROM Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1102 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Res. 674-24: 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 LO`I COLLECTIVE FOUNDATION FOR ITS ACCESSIBLE YOUTH ATHLETIC PROGRAM 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. 1103 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 9 Hawaii County Council-50 October 16,2024 Res. 675-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE DEPARTMENT OF PARKS AND RECREATION WITH ITS PAPA`IKOU CHRISTMAS CARNIVAL Transfers $3,000 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. 1104 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Res. 676-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA HEALTH CENTER INC. FOR THE HONOKA`A RENAISSANCE FAIRE Transfers $5,000 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. 1105 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 10 Hawaii County Council-50 October 16,2024 Res. 677-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE CHILDREN'S JUSTICE CENTER OF EAST HAWAII, INC., TO ASSIST WITH ITS EMERGENCY CLOSET PROGRAM AND COMMUNITY OUTREACH Transfers $5,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1106 Intr. by: Ms. Galimba ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Res. 678-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PETFIX SPAY AND NEUTER TO SUPPORT ITS SPAY AND NEUTER CLINICS IN COUNCIL DISTRICT 6 Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 1107 Intr. by: Ms. Galimba ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 11 Hawaii County Council-50 October 16,2024 Res. 679-24: 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 HOLUALOA VILLAGE `OHANA FOR EXPENSES ASSOCIATED WITH ITS 25TH ANNUAL COFFEE AND ART STROLL Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1108 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 134: AMENDS CHAPTER 25, ARTICLE 2, SECTION 25-2-42 OF THE HAWAII (Draft 3) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AMENDMENTS INITIATED BY PROPERTY OWNERS AND OTHER PERSONS Requires the Planning Director to submit a subject area report to the applicable planning commission and County Council along with each change of zoning district application. The report would specify all changes of zone granted to surrounding properties, any incomplete and time sensitive conditions applied at the time of the change of zone, and the maximum number of lots into which each surrounding property could be subdivided. Surrounding properties would include properties within 1,000 feet of the property for which the change of zone is sought for applications in the State Land Use Agricultural District, and properties within 300 feet of the property for which the change of zone is sought for applications in the State Land Use Urban District or State Land Use Rural District. Reference: Comm. 741.10 Intr. by: Mr. Inaba and Ms. Evans Referred to Planning Commissions: April 2, 2024 Approve: PCPLUD-14 (Vote on Bill 134, Draft 3, is on the next page.) Page 12 Hawaii County Council-50 October 16,2024 PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Bill 204: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Establishes County speed limits of either 25 or 35 miles per hour for certain portions of the Akoni Pule Highway between Highway 250 and the Polulu Valley Lookout. Reference: Comm. 1046 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-15 PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Bill 205: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279, SCHEDULE 27, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED AT ALL TIMES AND 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 ANYTIME Establishes parking restrictions for certain portions of Opelo Road in Waimea. Reference: Comm. 1047 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-16 (Vote on Bill 205 is on the next page) Page 13 Hawaii County Council-50 October 16,2024 PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Bill 206: REPEALS ORDINANCE NO. 84-39 AND AMENDS CHAPTER 14, ARTICLE 8, (Draft 2) SECTION 14-44, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NUCLEAR ENERGY Repeals Ordinance No. 84-39 enacted in 1984 to specify that United States military operations are exempt from and not to be impeded by prohibitions on the transportation or storage of radioactive material. Reference: Comm. 1049.2 Intr. by: Mr. Inaba Approve: PCHSW-16 PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 14 Hawaii County Council-50 October 16,2024 Bill 209: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—20 ACRES (A-20a) TO FAMILY—AGRICULTURAL— 1 ACRE (FA-1 a) AT NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-004:011 (Applicant: Wattie Elizabeth Kaiokalani Green) (Area: 4.985 Acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide property into four lots. The property is located mauka of Kaiminani Drive on Old Government Mauka Road, approximately 800 feet south of its intersection with Hawaii Belt Road. Reference: Comm. 1051 Intr. by: Mr. Inaba(B/R) Approve: LAAC-70 PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Bill 210: 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 —Section 5339 Formula Rural and Small Urban account($1,145,239); and appropriates the same to the Section 5339 Formula Rural and Small Urban Buses account. Funds would be used to purchase Americans with Disabilities Act vans to accommodate the increase in ridership within the Paratransit Program. Reference: Comm. 1055 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-205 (Vote on Bill 210 is on the next page) Page 15 Hawaii County Council-50 October 16,2024 PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Bill 211: 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 —American Rescue Plan Act Local Assistance and Tribal Consistency Fund account($32,922.96); and appropriates the same to the American Rescue Plan Act Local Assistance and Tribal Consistency Fund account, for a total appropriation of$832,922.96. Funds would be used for any governmental purpose other than a lobbying activity. Reference: Comm. 1056 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-206 PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Bill 212: AMENDS CHAPTER 5, ARTICLE 3, DIVISION 2, SECTION 5-3-22, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO BUILDING PERMIT EXEMPTIONS Exempts greenhouses and other accessory structures with a floor area of 1,000 sq. ft. or less and located on agriculturally-zoned land from the requirement to obtain a building permit; and increases the maximum cost of repair work for which a building permit is not required from $7,500 to $25,000. Reference: Comm. 1057 Intr. by: Ms. Kierkiewicz Approve: PCPLUD-15 (Vote on Bill 212 is on the next page) Page 16 Hawaii County Council-50 October 16,2024 PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Bill 214: 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 Increases the Environmental Management Hilo Wastewater Treatment Plant Rehabilitation and Replacement project by $116 million, bringing the total fiscal year appropriation to $226 million. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources and would be used to renovate the Hilo Wastewater Treatment Plant. Reference: Comm. 1082 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-207 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Page 17 Hawaii County Council-50 October 16,2024 Bill 215: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $150 million in General Obligation Bonds to fund certain Capital Improvement Projects including: Construction of the Hilo Wastewater Treatment Plant;Parks and Recreation Americans with Disabilities Act projects; planning and design for a County morgue; Animal Control shelter repairs; Central Fire Station repairs; and maintenance of other County facilities. Reference: Comm. 1083 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-208 PASSED IST READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: None. Excused: Council Member Kimball — 1. ORDER OF THE DAY(SECOND OR FINAL READING) Bill 184: AMENDS CHAPTER 22, ARTICLE 2 AND ARTICLE 3, OF THE HAWAII (Draft 3) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE USE OF COUNTY STREETS; AND ESTABLISHES A SPECIAL ACTIVITY PERMIT FOR COMMERCIAL ACTIVITIES Establishes a process to obtain a special permit and regulations to conduct temporary commercial activity on a County street, and increases fees from $25 to $50 for any permit issued for the lawful use of County streets. Reference: Comm. 944.8 Intr. by: Mr. Inaba and Ms. Kierkiewicz First Reading: October 2, 2024 (Vote on Bill 184, Draft 3, is on the next page.) Page 18 Hawaii County Council-50 October 16,2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: Council Member Villegas — 1. Absent: None. Excused: None. Bill 200: 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 —Energy Efficiency and Conservation Block Grant account($228,640); and appropriates the same to the Energy Efficiency and Conservation Block Grant account. Funds would be used to create an Energy Management Plan for County of Hawaii facilities. Reference: Comm. 1019 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 2, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Bill 201: 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 —FY 2023 Assistance to Firefighters Grant account($488,722.63); and appropriates the same to the FY 2023 Assistance to Firefighters Grant account. Funds would be used to establish a Hazard Zone Incident Command and a Control Training Program to provide safe, effective, and efficient emergency response operations. Reference: Comm. 1020 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 2, 2024 (Vote on Bill 201 is on the next page) Page 19 Hawaii County Council-50 October 16,2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Bill 202: 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 Fund Balance From Previous Year account($7.4 million); and appropriates the same to the Housing Production account to fund a grant agreement with Kamakoa Nui LP for the Na Hale Makoa Project($2 million) and the Kamakoa Nui Workforce Housing Mini-Loop Road/Infrastructure project ($5.4 million). Reference: Comm. 1022 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 2, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Bill 213: 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 Allows an exemption from certain motor vehicle taxes and fees for motor vehicles owned or leased for 12 months or longer by the County and for motor vehicles owned or leased for 12 months or longer by police officers who use their vehicles in the performance of their duties. Reference: Comm. 1079 Intr. by: Ms. Kimball First Reading: October 2, 2024 (Vote on Bill 213 is on the next page) Page 20 Hawaii County Council-50 October 16,2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. REFERRALS FOR EXECUTIVE SESSION Comm. 1091: DAVID J. FREEDMAN V. CITY AND COUNTY OF HAWAII, ET AL.; CIVIL NO. 3CCV-23-0000218 From Deputy Corporation Counsel E. Britt Bailey dated September 25, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by Bosko Petricevic, Esquire, on behalf of his client David J. Freedman. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Comm. 1092: ROY THOMPSON V. HAWAII COUNTY, CASE NO. 1:24-CV-00333 DKW-WRP From Deputy Corporation Counsel Steven K. Idemoto dated September 26, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. The Council anticipates convening an executive meeting regarding the above matters,pursuant to Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Page 21 Hawaii County Council-50 October 16,2024 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 12:25 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 parry. It does not necessarily signify support of or opposition to the proposal. Live Stream of County Council Meetings: To view the live stream of this meeting, at the scheduled meeting start time, type the following into the address bar of the browser: http://hawaiicounty.granicus.com/ViewPublisher.php?view_id=1. Please call (808) 961-8255 if the Council's streaming location is not functioning. If the Council's stream is deemed inoperable, the following address will be provided for the live stream and should be typed into the browser: https://www.youtube.com/channel/UCJNalwg40oK7a-7nGnEtGPA. If you need an auxiliary aid/service or other accommodation due to a disability, call (808) 961-8255 as soon as possible, preferably by October 14, 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 22