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Home My WebLink AboutAGE COUNCIL 2025-01-08 2024-2026 ACTIONS HOLEKA GORO INABA t.,OF p MICHELLE M. GALIMBA Chair&Presiding Officer ?�N �k+,, JAMES E. HUSTACE JENN KAGIWADA DENNIS"FRESH"ONISHI MATT KANEALI`I-KLEINFELDER Vice Chair — ASHLEY L.KIERKIEWICZ o=— �!,�� of�� HEATHER L.KIMBALL REBECCA VILLEGAS COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 3rd Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii January 8, 2025 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: • 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, January 7, 2025. 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, January 7, 2025,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-3 January 8,2025 INVOCATION Pastor Dion K. Maeda of Connect Point Church 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 November 20, 2024 —APPROVED ORDER OF RESOLUTIONS Res. 442-24: AUTHORIZES THE ACCEPTANCE OF A QUITCLAIM OF REAL (2022-2024) PROPERTY, DESCRIBED AS REMNANT ROAD RESERVE, PARCEL A, BEING A PORTION OF TAX MAP KEY NO. 7-5-006-034 AND CONTAINING AN AREA OF 1,794 SQUARE FEET, SITUATED AT LANIHAU 2ND, KAILUA, NORTH KONA, ISLAND OF HAWAII, FROM THE STATE OF HAWAII, BY ITS BOARD OF LAND AND NATURAL RESOURCES The County seeks to utilize the parcel for public parking. Reference: Comm. 742 Intr. by: Council Member Inaba(B/R) Approve: LAAC-52 Postponed: March 20, April 17, May 15, and December 18, 2024 (Note: There is a motion by Council Member Inaba, seconded by Council Member Villegas, to adopt Res. 442-24.) (Vote on Res. 442-24 is on the next page.) Page 2 Hawaii County Council-3 January 8,2025 ADOPTED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. ; and Comm. 742.3: From Corporation Counsel Elizabeth A. Strance, dated November 26, 2024, requesting that Res. 442-24 be agendized. Res. 34-25: 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 FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL DISTRICT 8 Transfers $5,346 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 43 Intr. by: Council Member Inaba ADOPTED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Page 3 Hawaii County Council-3 January 8,2025 Res. 35-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII RISE FOUNDATION TO ASSIST WITH EXPENSES RELATING TO THE 28TH ANNUAL KWXX HO`OLAULE`A Transfers $6,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 54 Intr. by: Council Member Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Res. 36-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII RISE FOUNDATION FOR THE 28TH ANNUAL KWXX HO`OLAULE`A Transfers $5,240 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. 55 Intr. by: Council Member Kierkiewicz ADOPTED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Page 4 Hawaii County Council-3 January 8,2025 Res. 37-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIRD AND BEE HAWAII ANIMAL SANCTUARY TO SUPPORT ITS HONEY BEE EDUCATION PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 56 Intr. by: Council Member Kierkiewicz ADOPTED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Res. 38-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO OCEAN VIEW SKATEPARK ASSOCIATION TO PURCHASE SUPPLIES AND EQUIPMENT TO CONSTRUCT A DISC GOLF COURSE AT KAHUKU PARK Transfers $11,000 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. 57 Intr. by: Council Member Galimba ADOPTED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Page 5 Hawaii County Council-3 January 8,2025 Res. 39-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ACTION 4 ANIMALS HAWAII TO SUPPORT ITS REHOMING AND ADOPTION PROGRAMS FOR AT-RISK ANIMALS ON HAWAII ISLAND Transfers $5,212 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. 58 Intr. by: Council Member Galimba ADOPTED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Res. 40-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA MAMO HA`AHEO TO ASSIST WITH EXPENSES TO CONDUCT A SERIES OF LEI-MAKING CLASSES Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 59 Intr. by: Council Member Kimball ADOPTED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Page 6 Hawaii County Council-3 January 8,2025 Res. 41-25: 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 FOR ITS SPAY AND NEUTER CLINICS IN RURAL COUNCIL DISTRICT 1 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 60 Intr. by: Council Member Kimball ADOPTED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Res. 44-25: 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 GARY AND APOLONIA STICE `OHANA FOUNDATION FOR EXPENSES RELATING TO THE KU HAWEO PROJECT 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. 65 Intr. by: Council Member Galimba ADOPTED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Page 7 Hawaii County Council-3 January 8,2025 Res. 50-25: AUTHORIZES THE EMPLOYMENT OF A PRIVATE ATTORNEY TO REPRESENT THE COUNTY OF HAWAII IN OPIOID LITIGATION AGAINST TARGET AND SIMILARLY SITUATED DEFENDANTS Allows for special counsel to represent the County of Hawaii in litigation against Target and other potential defendants who may be liable to the County of Hawaii for their part in the opioid epidemic. Reference: Comm. 72 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter ADOPTED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 1: 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 Fund Balance from Prior Year account($1,000,000); and appropriates the same to the Transfer to Capital Project Fund account. Funds would be used for the Waiakea Stream Mitigation project. Reference: Comm. 20 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Postponed: December 18, 2024 (Note: There is a motion by Council Member Kaneali`i-Kleinfelder, seconded by Council Member Galimba, to pass Bill 1 on first reading.) (Vote on Bill I is on the next page) Page 8 Hawaii County Council-3 January 8,2025 POSTPONED TO JANUARY 22, 2025: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Bill 2: 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 Public Works Waiakea Stream Mitigation project($1 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. 21 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Postponed: December 18, 2024 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawaii County Charter (Note: There is a motion by Council Member Kaneali`i-Kleinfelder, seconded by Council Member Kimball, to pass Bill 2 on first reading.) POSTPONED TO JANUARY 22, 2025: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Page 9 Hawaii County Council-3 January 8,2025 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 207: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY (2022-2024) OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE RURAL DISTRICT AT PU`UKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-4-017:001 Reference: Comm. 1050 Intr. by: Council Member Inaba(B/R) First Reading: December 18, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Bill 208: AMENDS SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP), (Draft 2) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY (2022-2024) CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—40 ACRES (A-40a) TO RESIDENTIAL—AGRICULTURAL—0.5 ACRES (RA-.5a) AT PU`UKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-4-017:001 (Applicant: Kelvin P. Jarneski) (Area: 1.997 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map and for the requested change of zone, which would allow the applicant to subdivide the property into three lots. This property is located at 64-5208 Alanui Ohana Place. Reference: Comm. 1050.5 Intr. by: Council Member Inaba(B/R) First Reading: December 18, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Page 10 Hawaii County Council-3 January 8,2025 Bill 224: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2022-2024) CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—3 ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT CITY OF HILO, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-080:017 (Applicant: Andrew Matsuura) (Area: 3.25 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into six lots and one private roadway lot. The property is located at 1078 Ahe Street. Reference: Comm. 1147 Intr. by: Council Member Inaba(B/R) First Reading: December 18, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Bill 225: AMENDS ORDINANCE NO. 14-54 WHICH AMENDED SECTION 25-8-26 (2022-2024) (PAHOA 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— 1 ACRE (A-la) TO VILLAGE COMMERCIAL—20,000 SQUARE FEET (CV-20) AT KEONEPOKO HOMESTEAD LOTS, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-5-007:061 (Applicant: Maui Varieties Investments Inc. (formerly Jerry Souza)) (Area: 1 acre) The Windward Planning Commission forwards its favorable recommendation for the applicant's request for a 10-year time extension to Condition C (Establishment of a Commercial Use), and an amendment to Condition H (Road Improvements). The property is located at 15-1447 Kahakai Boulevard. Reference: Comm. 1148 Intr. by: Council Member Inaba(B/R) First Reading: December 18, 2024 (Vote on Bill 225 is on the next page) Page 11 Hawaii County Council-3 January 8,2025 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Bill 226: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING (2022-2024) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Increases revenues in the Federal Grants —National Instant Criminal Background Check Act Record Improvement Program account($15,579); and appropriates the same to the National Instant Criminal Background Check Act Record Improvement Program account, for a total appropriation of$561,339. Funds would be used to enhance firearms registration, record keeping, and data accessibility. Reference: Comm. 1158 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: December 18, 2024 PASSED 2ND AND FINAL READING: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 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: 9:41 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 parry. It does not necessarily signify support of or opposition to the proposal. Page 12 Hawaii County Council-3 January 8,2025 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 January 6, 2025. 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 13