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HomeMy WebLinkAboutAGE COUNCIL 2025-03-19 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 9th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii March 19, 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: • Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401 Members of the public may also attend from this location. Public attendance via Courtesy is available at the following locations: • Ocean View Community Association, 92-8924 Leilani Circle; • Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa`au; • Pahoa Council Office, 15-2879 Pahoa Village Road; and • Waimea Council Office, Parker Square, 65-1279 Kawaihae Road, Suite 109. 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, March 18, 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, March 18, 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-9 March 19,2025 INVOCATION Kahu Kealoha Ka`opua of Calvary Community Church in Kona ORDER OF BUSINESS CALL TO ORDER 9:10 a.m. ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Pursuant to HRS §92-3, oral testimony may be provided entirely at the beginning of the meeting, or immediately preceding the agenda item being opened for deliberation by the Council. (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) ORDER OF RESOLUTIONS Res. 92-25: AUTHORIZES THE ACCEPTANCE OF A DONATION OF SERVICES TO PURSUE FEDERAL AWARDS AND ASSISTANCE The donation of supportive, consultive, and technical services from Ulupono LLC, with an estimated value of$90,000, would be used by the Office of Sustainability, Climate, Equity, and Resilience in its pursuit of federal awards and funding opportunities. Reference: Comm. 160 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-30 ADOPTED: Ayes: Council Members Hustace, Kagiwada, Kierkiewicz, Onishi, Villegas, and Chair Inaba—6. Noes: None. Absent: Council Members Galimba, Kaneali`i-Kleinfelder, and Kimball —3. Excused: None. Page 2 Hawaii County Council-9 March 19,2025 Res. 97-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ISLAND OF HAWAI`I YMCA TO ASSIST WITH EXPENSES RELATING TO ITS YOUTH SAILING PROGRAM Transfers $9,650 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. 171 Intr. by: Council Member Hustace ADOPTED: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. Res. 98-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE ANNUAL OUTSTANDING OLDER AMERICANS AWARD LUNCHEON ON MAY 9, 2025 Transfers $10,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 172 Intr. by: Council Member Inaba ADOPTED: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. Page 3 Hawaii County Council-9 March 19,2025 Res. 99-25: 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 PACIFIC TSUNAMI MUSEUM FOR SALARIES, TRAINING, AND COMMUNITY EDUCATION Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 173 Intr. by: Council Member Kagiwada ADOPTED: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. Res. 100-25: 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 ZONTA CLUB OF HILO FOUNDATION FOR ITS DOMESTIC VIOLENCE THERAPY THROUGH ART 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. 174 Intr. by: Council Member Kimball ADOPTED: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. Page 4 Hawaii County Council-9 March 19,2025 Res. 101-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO D.A.R.E. HAWAI`I FOR THE 2025 D.A.R.E. DAY CELEBRATION Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 175 Intr. by: Council Member Onishi ADOPTED: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. Res. 102-25: 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 COPY MACHINE FOR THE OFFICE OF THE COUNTY CLERK, ELECTIONS DIVISION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$270. Reference: Comm. 177 Intr. by: Council Member Inaba Waived: FC ADOPTED: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. Page 5 Hawaii County Council-9 March 19,2025 BILLS FOR ORDINANCES (FIRST READING) Bill 28: AMENDS CHAPTER 6, ARTICLE 2, SECTION 6-12, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PROHIBITED HIGHWAYS FOR COMMERCIAL BICYCLE TOURS Adds Old Mamalahoa Highway, from its intersection with Mauna Loa Street in Honoka`a to 46-4265 Old Mamalahoa Highway at the Department of Water Supply water tank. Reference: Comm. 121 Intr. by: Council Member Kimball Approve: PCPWMT-3 Postponed: March 7, 2025 (Note: There is a motion by Council Member Kimball, seconded by Council Member Galimba to pass Bill 28 on first reading.) PASSED lsT READING: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. ; and Comm. 121.4: From Council Member Heather L. Kimball, dated February 27, 2025, transmitting recommendations from the Public Works Department regarding Bill 28. ; and Comm. 121.5: From Council Member Heather L. Kimball, dated March 11, 2025, transmitting recommendations from the State of Hawaii Department of Transportation and Hawaii Police Department regarding Bill 28. Page 6 Hawaii County Council-9 March 19,2025 Bill 30: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (Draft 2) CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE ZONE MAP CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL— 10,000 SQUARE FEET (CN-10) AT WAIAKEA, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-2-036:113 (Applicant: Jack Vanderhoff, Jr. and Sau-Yin Yeung) (Area: 19,500 square feet) The Windward Planning Commission forwards its favorable recommendation for the requested change of zone, which would allow the applicant to convert the existing dwelling to use as an accounting business office. This property is located at 900 Manono Street. Reference: Comm. 157.3 Intr. by: Council Member Kimball (B/R) Approve: LAAC-10 AMENDED TO DRAFT 3 (see Communication No. 157.4) AND PASSED 1 sT READING: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) Bill 10: AMENDS CHAPTER 22, ARTICLE 3, DIVISION 2, SECTION 22-3.3.2, OF THE (Draft 2) HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ALLOWABLE AREAS FOR SPECIAL ACTIVITY PERMITS Allows for authorized commercial activities to be conducted at the following area in Kona: "Ane Keohokalole Highway, makai side, between the West Hawaii Civic Center and the `Allied Quarry' access road." Reference: Comm. 38.2 Intr. by: Council Member Inaba First Reading: March 7, 2025 (Vote on Bill 10, Draft 2, is on the next page.) Page 7 Hawaii County Council-9 March 19,2025 PASSED 2ND AND FINAL READING: Ayes: Council Members Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Acting Chair Onishi —5. Noes: Council Members Kagiwada and Villegas —2. Absent: Council Members Galimba and Kimball —2. Excused: None. Bill 27: AMENDS CHAPTER 2, ARTICLE 45, SECTION 2-235, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE GENERAL EXCISE AND USE TAX SURCHARGE Adds County-appropriated housing infrastructure costs and the definition of "Housing infrastructure costs"to use of funds to codify the Session Laws of Hawaii 2024, Act 30, which took effect on July 1, 2024. Reference: Comm. 119 Intr. by: Council Member Kierkiewicz and Council Member Inaba First Reading: March 7, 2025 AMENDED TO DRAFT 2 (see Communication No. 119.1) AND PASSED 2ND AND FINAL READING: Ayes: Council Members Hustace, Kagiwada, Kierkiewicz, Onishi, and Chair Inaba—5. Noes: Council Member Kaneali`i-Kleinfelder— 1. Absent: Council Members Galimba, Kimball, and Villegas —3. Excused: None. Bill 33: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Decreases revenues in the Transfer to Housing Fund account(-$451,221) and reduces the Housing Production account by the same amount to return funds that could not be applied towards the cost of building materials for two self-help affordable housing projects, due to those building projects being completed after the July 18, 2024, deadline. Reference: Comm. 162 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: March 7, 2025 (Vote on Bill 33 is on the next page) Page 8 Hawaii County Council-9 March 19,2025 PASSED 2ND AND FINAL READING: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. REFERRALS FOR EXECUTIVE SESSION Comm. 168: HUI MALAMA HONOKOHAU VS. COUNTY OF HAWAI`I; CIVIL CASE 1:23-CV-00393 From Deputy Corporation Counsel Section Chief Lerisa L. Heroldt dated February 20, 2025, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by Earthjustice attorneys David Henkin and Elena Bryant on behalf of their client Hui Malama Honok6hau. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. 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: 11:33 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 9 Hawaii County Council-9 March 19,2025 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 March 17, 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 10