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HomeMy WebLinkAboutAGE COUNCIL 2026-06-03 2024-2026 Hawaii County Clerk 05/28/2026 10:45:40 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-KLEINFELDER Vice Chair — ASHLEY L.KIERKIEWICZ o=— �),��f MTMQ:�p OF NF' HEATHER L.KIMBALL REBECCA VILLEGAS COUNTY COUNCIL County of Hawaii Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 41" Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii June 3, 2026 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: • Ocean View Community Association, 92-8924 Leilani Circle and • Pahoa Council Office, 15-2879 Pahoa Village Road. 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, June 2,2026. 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,June 2,2026,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 05/28/2026 10:45:40 AM Hawaii County Council-41 June 3,2026 INVOCATION Pastor Paul Linnemann of Christ Lutheran Church 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. (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES March 18, 2026 REPORTS GOEAC-127 NOMINATION OF GEORGE APPLEGATE TO THE BANYAN DRIVE (Comm. 895): HAWAI`I REDEVELOPMENT AGENCY GOEAC-128 NOMINATION OF JACOB K. ANDREWS TO THE LEEWARD PLANNING (Comm. 896): COMMISSION Requires Council Confirmation by: June 13, 2026 (Section 13-4(k), Hawai`i County Charter) GOEAC-129 NOMINATION OF BOBBY JEAN AKANE LEITHEAD TODD TO THE (Comm. 897): BOARD OF ETHICS Requires Council Confirmation by: June 13, 2026 (Section 13-4(k), Hawai`i County Charter) Page 2 Hawaii County Clerk 05/28/2026 10:45:40 AM Hawaii County Council-41 June 3,2026 GOEAC-130 NOMINATION OF JAMES MONK TO THE COST OF GOVERNMENT (Comm. 898): COMMISSION Requires Council Confirmation by: June 13, 2026 (Section 134(k), Hawai`i County Charter) GOEAC-131 NOMINATION OF NICK RIZNYK TO THE WATER BOARD (Comm. 899): Requires Council Confirmation by: June 13, 2026 (Section 134(k), Hawai`i County Charter) ORDER OF RESOLUTIONS Res. 556-26: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNITED STATES POSTAL INSPECTION SERVICE FOR POSTAL INSPECTOR TASK FORCE OFFICERS Allows certain Hawaii Police Department officers to be designated as Postal Inspector Task Force Officers, with the authority to investigate mail-related criminal matters. Reference: Comm. 872 Intr. by: Council Member Kagiwada(B/R) Approve: GOEAC-132 Res. 567-26: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, BEING CERTAIN PORTIONS OF TAX MAP KEY: 1-5-009:012 AND 058, SITUATED AT KEONEPOKO IKI, PUNA, FOR THE CONSTRUCTION AND IMPROVEMENT OF GOVERNMENT BEACH ROAD, A PUBLIC ROADWAY Authorizes the Corporation Counsel to initiate proceedings for the taking, acquisition, and condemnation of private property for the improvement and widening of Government Beach Road. Reference: Comm. 886 Intr. by: Council Member Kimball (B/R) Approve: LAAC-42 Note: First of two required readings, Section 101-13, Hawai`i Revised Statutes Page 3 Hawaii County Clerk 05/28/2026 10:45:40 AM Hawaii County Council-41 June 3,2026 Res. 569-26: AUTHORIZES THE PAYMENT OF FUNDS FROM LATER FISCAL YEARS TO ENTER INTO A MULTI-YEAR LEASE AGREEMENT FOR WAREHOUSE SPACE TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a three-year lease agreement with Geo Investment Company, Inc., for warehouse space located at 73-4081 Hulikoa Drive, with an initial security deposit of$4,896, and an estimated monthly cost of approximately $3,240 for the first year and increasing thereafter. Reference: Comm. 892 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-152 Res. 578-26: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER INTO A MULTI-YEAR LEASE AGREEMENT FOR ONE WIDE- FORMAT COLOR DIGITAL IMAGING SYSTEM TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an estimated annual cost of$4,191.93, to be used by the department's Traffic Division in Hilo. Reference: Comm. 916 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Res. 579-26: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER INTO A MULTI-YEAR LEASE AGREEMENT FOR A WIDE-FORMAT COLOR DIGITAL IMAGING SYSTEM TO BE USED BY THE DEPARTMENT OF FINANCE Authorizes the Mayor to enter into a five-year lease agreement with an estimated monthly cost of$340, to be used by the department's Administration and Property Management Divisions in Hilo. Reference: Comm. 917 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Page 4 Hawaii County Clerk 05/28/2026 10:45:40 AM Hawaii County Council-41 June 3,2026 Res. 580-26: 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 FIRST RESPONDERS TO ASSIST WITH EXPENSES FOR THE 2026 LIFEGUARD APPRECIATION WEEK Transfers $4,000 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 918 Intr. by: Council Member Inaba Res. 581-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HALE MUA CULTURAL GROUP TO ASSIST WITH EXPENSES FOR THE 2026 KING KAMEHAMEHA DAY CELEBRATION PARADE AND HO`OLAULE`A Transfers $5,300 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 919 Intr. by: Council Member Inaba Res. 582-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI`I ISLAND HIV/AIDS FOUNDATION TO ASSIST WITH EXPENSES RELATING TO ITS HAWAI`I ISLAND COMMUNITY OUTREACH Transfers $4,005 from the Clerk-Council Services—Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 920 Intr. by: Council Member Kaneali`i-Kleinfelder Page 5 Hawaii County Clerk 05/28/2026 10:45:40 AM Hawaii County Council-41 June 3,2026 Res. 584-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE VOLLEYBALL EQUIPMENT Transfers $1,150 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Recreation Division Equipment account. Reference: Comm. 924 Intr. by: Council Member Kagiwada Res. 585-26: 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 DANIEL R. SAYRE MEMORIAL FOUNDATION TO PURCHASE EQUIPMENT FOR THE MAKALEI AND KAILUA FIRE STATIONS Transfers $12,930 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Hawaii Fire Department, Fire Operations Other Current Expenses account. Reference: Comm. 925 Intr. by: Council Member Inaba BILLS FOR ORDINANCES (FIRST READING) Bill 156: AMENDS CHAPTER 2, ARTICLE 25, SECTION 2-137, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO APPROPRIATION OF FUNDS TO NONPROFIT ORGANIZATIONS Requires a nonprofit organization applying for County grant funds to certify, under penalty of perjury, that the organization has internal policies relating to management, audits, fiscal procedures, nepotism, and conflicts of interest. Reference: Comm. 873 Intr. by: Council Member Inaba Approve: GOEAC-133 Page 6 Hawaii County Clerk 05/28/2026 10:45:40 AM Hawaii County Council-41 June 3,2026 Bill 158: INITIATES AN AMENDMENT TO ARTICLES III, IV, V, VI, VII, VIII, X, XIII, AND XVI, OF THE CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO THE STRUCTURE AND ORGANIZATION OF THE COUNTY Converts the County's government to a hybrid council-manager system, in which certain County departments and operations are overseen by an appointed County Manager and others are overseen by an elected Mayor. Reference: Comm. 890 Intr. by: Council Member Kimball Approve: GOEAC-134 2/3 Vote: First of three required readings, Section 15-1(a), Hawaii County Charter Bill 159: INITIATES AN AMENDMENT TO ARTICLES III, V, VI, VII, VIII, AND X OF THE CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO THE ESTABLISHMENT OF A BIENNIAL OPERATING BUDGET AND CAPITAL BUDGET Establishes biennial budgeting for the County, with an initial primary budget to be adopted every odd-numbered year and a supplemental operating budget to be adopted every even-numbered year. Reference: Comm. 891 Intr. by: Council Member Kimball Negative: FC-153 (Due to a vote of 1-aye, 8-noes) 2/3 Vote: First of three required readings, Section 15-1(a), Hawaii County Charter Bill 160: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Appropriates revenues in the Real Property Tax Penalties account($1,125,000); and appropriates the same to the following Transfer to Public Access/Open Space Preservation accounts: Fund($1,000,000) and Maintenance Fund ($125,000). Reference: Comm. 893 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-154 Page 7 Hawaii County Clerk 05/28/2026 10:45:40 AM Hawaii County Council-41 June 3,2026 Bill 161: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Appropriates revenues in the Fund Balance From Previous Year - Reserved account($443,775.57); and appropriates the same to the following Transfer to Public Access/Open Space Preservation accounts: Fund($274,878.65), Maintenance Fund ($40,457.41), and Transfer to Disaster/Emergency Fund account($128,439.51). Reference: Comm. 894 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-155 Bill 166: AMENDS ORDINANCE NO. 25-50, AS AMENDED, AN ORDINANCE AMENDING CHAPTER 6 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TRANSIENT ACCOMMODATIONS Delays the effective date of Ordinance No. 25-50, relating to transient accommodations, until September 1, 2026. Reference: Comm. 926 Intr. by: Council Member Kimball Waived: PCPLUED Bill 167: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Appropriates revenues in the Federal Grants—Justice Assistance Grant-Special Response Team Capability Enhancement Grant account($35,023); and appropriates the same to the Justice Assistance Grant-Special Response Team Capability Enhancement account. Reference: Comm. 927 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Page 8 Hawaii County Clerk 05/28/2026 10:45:40 AM Hawaii County Council-41 June 3,2026 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 66: ADOPTS THE COUNTY OF HAWAI`I GENERAL PLAN 2045 AND REPEALS (Draft 2) ORDINANCE NO. 05-025, AS AMENDED Reference: Comm. 372.30 Intr. by: Council Member Kierkiewicz (B/R) First Reading: May 20, 2026 Bill 152: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-18, OF THE CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO THE OFFICE OF THE COUNTY AUDITOR Clarifies that the County Auditor has the same power with respect to employees within the Office of the County Auditor as department heads in the Executive Branch and specifies that the County Auditor may appoint a deputy. Reference: Comm. 858 Intr. by: Council Members Inaba and Kierkiewicz First Reading: May 20, 2026 2/3 Vote: Second of three required readings, Section 15-1(a), Hawaii County Charter Bill 153: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING DUNE 30, 2026 Appropriates revenues in the State Grants—Coffee Berry Borer/Coffee Leaf Rust Pesticide Subsidy Program account($150,000); and appropriates the same to the Coffee Berry Borer/Coffee Leaf Rust Pesticide Subsidy Program account. Funds would be used to aid coffee growers in Kona and Ka`u by offsetting the cost of purchasing approved pesticides. Reference: Comm. 863 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: May 20, 2026 Page 9 Hawaii County Clerk 05/28/2026 10:45:40 AM Hawaii County Council-41 June 3,2026 REFERRALS FOR EXECUTIVE SESSION Comm. 921: CLAIM AGAINST THE COUNTY OF HAWAI`UHAWAI`I PHYSICAL THERAPY AND CHIROPRACTIC CLINIC, INC. From Deputy Corporation Counsel Justin C. Lee dated May 13, 2026, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Comm. 922: CLAIM AGAINST THE COUNTY OF HAWAI`UCLERKIN, SINCLAIR AND MAHFOUZ, LLP, ON BEHALF OF USAA AS SUBROGEE OF MATTHEW HO From Deputy Corporation Counsel Justin C. Lee dated May 13, 2026, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. 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. 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.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/IJCJNalwg4OoK7a-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 June 1, 2026. If a response is received after this date, every effort will Page 10 Hawaii County Clerk 05/28/2026 10:45:40 AM Hawaii County Council-41 June 3,2026 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. 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 11