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Home My WebLink AboutAGE COUNCIL 2025-09-17 2024-2026 Hawaii County Clerk 09/11/2025 08:56:43 AM HOLEKA GORO INABA tY OF p MICHELLE M. GALIMBA oN.• �`� Chair&Presiding Officer �?•' �, JAMES E. HUSTACE JENN KAGIWADA DENNIS"FRESH"ONISHI `: °` MATT KANEALI`I-KLEINFELDERO Vice Chair — ASHLEY L.KIERKIEWICZ o=— �),�� OF NF' HEATHER L.KIMBALL REBECCA VILLEGAS COUNTY COUNCIL County of Hawaii Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 23,d Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii September 17, 2025 11:00 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; • 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, September 16,2025. 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,September 16,2025,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 Clerk 09/11/2025 08:56:43 AM Hawaii County Council-23 September 17,2025 INVOCATION Rabbi Levi Gerlitzky of Chabad Jewish Center of the Big Island ORDER OF BUSINESS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT,AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Pursuant to HRS §92-3, oral testimony may be provided entirely at the beginning of the meeting, or immediately preceding the agenda item being opened for deliberation by the Council. APPROVAL OF MINUTES June 5, 2025 REPORTS GOEAC-65 NOMINATION OF MACI L. WILSON TO THE BOARD OF APPEALS (Comm. 462): Requires Council Confirmation by: September 20, 2025 (Section 13-4(k), Hawai`i County Charter) GOEAC-66 NOMINATION OF DAVID N. KUAHIWINUI TO THE KA`U COMMUNITY (Comm. 463): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: September 26, 2025 (Section 13-4(k), Hawai`i County Charter) Page 2 Hawaii County Clerk 09/11/2025 08:56:43 AM Hawaii County Council-23 September 17,2025 ORDER OF RESOLUTIONS Res. 284-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER A MULTI-YEAR AGREEMENT FOR ETHERNET COMPUTER NETWORK SERVICES TO BE USED BY THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a three-year agreement with an estimated cost of $49,200 per year for wide area network services that would allow the department to network and share data and resources between its four locations. Reference: Comm. 455 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-79 Res. 285-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER A MULTI-YEAR AGREEMENT FOR INTERNET TELEPHONE SERVICES TO BE USED BY THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year agreement with an estimated cost of$260 per year for Voice-over-Internet-Protocol phone service at the office's workroom located in the Kona Judiciary Complex. Reference: Comm. 456 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-80 and Comm. 456.1: From Office of the Prosecuting Attorney Business Administrator Grant Nagata requesting that Res. 285-25 be postponed to October 22, 2025. Res. 286-25: URGES THE DIRECTOR OF FINANCE TO PROCEED WITH THE ACQUISITION OF HONOLULU LANDING IN THE DISTRICT OF PUNA USING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND Urges the Director of Finance to acquire approximately 364.4 acres of land to protect and preserve cultural and natural resources and open certain areas of the property for educational, gathering, and cultural practices. Reference: Comm. 459 Intr. by: Council Member Kierkiewicz Approve: LAAC-21 Page 3 Hawaii County Clerk 09/11/2025 08:56:43 AM Hawaii County Council-23 September 17,2025 Res. 287-25: ACCEPTS THE DEDICATION OF A ROADWAY LOT IDENTIFIED AS TAX MAP KEY: 2-4-080:044, SITUATED AT WAIAKEA, SOUTH HILO, ISLAND, COUNTY, AND STATE OF HAWAI`I, FROM MAILANI DEVELOPMENT, LLC The landowner seeks to dedicate the roadway and all improvements for public roadway purposes. Reference: Comm. 460 Intr. by: Council Member Kimball (B/R) Approve: LAAC-22 Res. 288-25: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAI`I, THE COUNTY OF KAUA`I, THE COUNTY OF MAUI, AND THE CITY AND COUNTY OF HONOLULU FOR THE PURPOSE OF ADMINISTERING CERTAIN PROVISIONS OF ACT 96, SESSION LAWS OF HAWAI`I 2025 Seeks to enter into a Memorandum of Understanding to facilitate a uniform administration of transient accommodation taxes on cruise ships across the State. Reference: Comm. 461 Intr. by: Council Member Kagiwada(B/R) Approve: GOEAC-67 Res. 306-25: AUTHORIZES THE CONTINUED EMPLOYMENT OF LEONG KUNIHIRO BROOKE & KIM AS SPECIAL COUNSEL TO REPRESENT THE DEPARTMENT OF HUMAN RESOURCES, WORKERS' COMPENSATION DIVISION Seeks to extend the retention of special counsel services for an additional period of time not to go beyond December 29, 2025. Reference: Comm. 486 Intr. by: Council Member Kagiwada(B/R) Waived: GOEAC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter Page 4 Hawaii County Clerk 09/11/2025 08:56:43 AM Hawaii County Council-23 September 17,2025 Res. 307-25: APPROVES THE HAWAI`I COUNTY COUNCIL LEGISLATIVE PROPOSALS AND PRIORITIES TO BE CONSIDERED FOR INCLUSION IN THE 2026 HAWAI`I STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Includes proposals relating to repealing the preemption of local authority to regulate tobacco products; allowing the counties to request a State land use boundary amendment from agricultural to rural districts for small, contiguous parcels; requiring denitrification in individual wastewater systems under certain conditions; extending the county surcharge of the general excise tax until 2040; establishing a Homeless Services Fund to be funded through certain adjustments to the conveyance tax; and adding preferences for an applicant's place of employment relative to the location of a housing project, status as a state or county employee, and status as a returning student when considering applications for housing assistance under Chapter 201H, Hawaii Revised Statutes. Also includes eight policy priorities relating to: (1) increasing funds for emergency preparedness; (2) increasing accessibility and transparency regarding the use of public funds for state transportation projects and highway maintenance; (3) workforce development; (4) water viability and usage, and watershed monitoring and stewardship; (5)responsible game management of wild ungulates; (6)promoting producer responsibility for solid waste; (7)wastewater infrastructure, cesspool conversion and related financing; and (8)prioritizing and increasing safe routes to school. Reference: Comm. 490 Intr. by: Council Member Kimball Waived: GOEAC Res. 308-25: 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 FARMERS UNION FOUNDATION TO ASSIST WITH EXPENSES FOR THE 2025 HAWAII FARMERS UNION CONVENTION Transfers $5,000 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. 491 Intr. by: Council Member Inaba Page 5 Hawaii County Clerk 09/11/2025 08:56:43 AM Hawaii County Council-23 September 17,2025 Res. 309-25: 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 FARMERS UNION FOUNDATION FOR ITS 2025 STATE ANNUAL CONVENTION Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 492 Intr. by: Council Member Galimba Res. 310-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2025 HAWAI`I ISLAND SAKADA DAY CELEBRATION Transfers $2,500 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 493 Intr. by: Council Member Galimba Res. 311-25: 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 ARC OF KONA FOR ITS KONA KRAFTS GROUP HOME MAINTENANCE PROJECT Transfers $5,000 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. 494 Intr. by: Council Member Galimba Page 6 Hawaii County Clerk 09/11/2025 08:56:43 AM Hawaii County Council-23 September 17,2025 Res. 312-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR THE 1 sT ANNUAL SMOKE IT UP FESTIVAL Transfers $7,500 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. 495 Intr. by: Council Member Kierkiewicz Res. 313-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2025 SAKADA DAY CELEBRATION Transfers $2,500 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 496 Intr. by: Council Member Kimball Res. 314-25: 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 FARMERS UNION FOUNDATION FOR ITS 2025 HAWAII FARMERS UNION STATE CONVENTION Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 497 Intr. by: Council Member Kimball Page 7 Hawaii County Clerk 09/11/2025 08:56:43 AM Hawaii County Council-23 September 17,2025 Res. 315-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NORTH KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES FOR KOHALA KUPUNA DAY Transfers $1,500 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 498 Intr. by: Council Member Hustace Res. 316-25: 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 FARMERS UNION FOUNDATION FOR ITS 2025 HAWAII FARMERS UNION CONVENTION Transfers $10,000 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. 499 Intr. by: Council Member Villegas BILLS FOR ORDINANCES (FIRST READING) Bill 75: REPEALS SECTION 5 OF ORDINANCE NO. 22-94 AND AMENDS CHAPTER 18, ARTICLE 4, DIVISION 1, SECTION 18-90, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO FARES FOR PUBLIC TRANSPORTATION Extends the temporary suspension of fares for all mass transit riders through December 31, 2028. The fare suspension will not apply to County-contracted shared-ride services or curb-to-curb van services operated by the Department of Parks and Recreation. Reference: Comm. 429 Intr. by: Council Member Hustace (B/R) Approve: PCPWMT-5 Page 8 Hawaii County Clerk 09/11/2025 08:56:43 AM Hawaii County Council-23 September 17,2025 Bill 76: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING DUNE 30, 2026 Appropriates revenues in the Hawai`i Community Foundation—Financial Empowerment Services (Private) account($125,000); and appropriates the same to the Hawai`i Community Foundation—Financial Empowerment Services—Program account. Funds would be used to provide no-cost financial and homeownership counseling through a certified U.S. Department of Housing and Urban Development counseling service provider. Reference: Comm. 442 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-81 Bill 77: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING DUNE 30, 2026 Increases revenues in the Fund Balance from Previous Year account($350,000); and appropriates the same to the Kulaimano Operating Maintenance account. Funds would be used for the Kulaimano Elderly Housing Project for operating and maintenance activities. Reference: Comm. 443 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-82 Bill 78: AMENDS ORDINANCE NO. 25-46, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR DULY 1, 2025, TO DUNE 30, 2026 Adds the Finance Land/Facility Acquisitions Project($1,150,000) and the Land/Facility Acquisitions—Federal Project($850,000) to the Capital Budget. Funds for these projects shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources ($1,150,000) and Federal Grants Receivable ($850,000), to acquire land for legally mandated projects and/or County Agency needs. Reference: Comm. 457 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-83 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawaii County Charter Page 9 Hawaii County Clerk 09/11/2025 08:56:43 AM Hawaii County Council-23 September 17,2025 Bill 79: AMENDS ORDINANCE NO. 25-46, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR DULY 1, 2025, TO DUNE 30, 2026 Adds the Environmental Management Kealakehe Wastewater Treatment Plant R-1 Upgrade Project($31,000,000)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources, to comply with a recent lawsuit settlement which requires the County to upgrade the Kealakehe Wastewater Treatment Plant to produce R-1 quality water for re-use. Reference: Comm. 458 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-84 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawaii County Charter ORDER OF THE DAY(SECOND OR FINAL READING) Bill 38: AMENDS CHAPTER 19, ARTICLE 13, OF THE HAWAI`I COUNTY CODE (Draft 2) 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX CREDITS Establishes a Private Road Tax Credit of up to $250 to be applied towards a homeowner's real property tax bill when the homeowner expends at least $75 annually to maintain, repair, or improve a private roadway that is not restricted by a gate and is managed by a road maintenance organization. Reference: Comm. 203.7 Intr. by: Council Member Kaneali`i-Kleinfelder First Reading: August 20, 2025 Postponed: September 3, 2025 (Note: There is a motion by Council Member Villegas, seconded by Council Member Onishi,to pass Bill 38,Draft 2, on second and final reading.) Page 10 Hawaii County Clerk 09/11/2025 08:56:43 AM Hawaii County Council-23 September 17,2025 Bill 72: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 10, (Draft 2) SECTION 6-10.3, OF THE CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO THE DIRECTOR OF ENVIRONMENTAL MANAGEMENT Requires the Director of Environmental Management to have administrative experience in engineering, solid waste management, wastewater treatment, environmental policy and regulatory compliance, public administration, business, administration, or a related field; removes the requirement that the director needs to have an engineering degree or another degree in a related field. Reference: Comm. 400.2 Intr. by: Council Member Kierkiewicz First Reading: September 3, 2025 2/3 Vote: Second of three required readings, Section 15-1(a), Hawaii County Charter OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation`By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. Live Stream of County Council Meetings: To view the live stream of this meeting, at the scheduled meeting start time, type the following into the address bar of the browser: http://hawaiicounty.granicus.comNiewPublisher.php?view id=1. Please call (808) 961-8255 if the Council's streaming location is not functioning. If the Council's stream is deemed inoperable, the following address will be provided for the live stream and should be typed into the browser: https://www.youtube.com/channel/TJCJNalwg40oK7a-7nGnEtGPA. If you need an auxiliary aid/service or other accommodation due to a disability, call (808) 961-8255 as soon as possible, preferably by September 15, 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. Page 11 Hawaii County Clerk 09/11/2025 08:56:43 AM Hawaii County Council-23 September 17,2025 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 12