Hawaii County Council will meet March 6.
Here is the agenda provided by the council:
Notice is hereby given that the Hawai‘i County Council will be conducting this meeting via interactive conference technology (ICT) pursuant to Hawai‘i Revised Statutes §92-3.5. Council Members will be participating via ICT at the:
• Kona Council Chambers, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A
Members of the public may also attend from this location.
Public attendance via Courtesy Site is available at the following locations:
• Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa‘au; and
• Pāhoa Council Office, 15-2879 Pāhoa 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, March 5, 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, March 5, 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, Hawai‘i, 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
Hawai‘i County Council-33 March 6, 2024
INVOCATION Pastor Mark Zier of Christ Lutheran Church
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 January 10, 2024
ORDER OF RESOLUTIONS
Res. 433-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2024 OUTSTANDING OLDER AMERICANS
MONTH AWARD LUNCHEON
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Office of Aging, Other Current Expenses account.
Reference: Comm. 723
Intr. by: Ms. Lee Loy
Postponed: February 21, 2024
(Note: There is a motion by Ms. Lee Loy, seconded by Ms. Galimba, to adopt Res. 433-24.)
Res. 437-24: CREATES THIRTY-THREE NEW TEMPORARY POLICE OFFICER I POSITIONS FOR THE POLICE DEPARTMENT
Establishes additional positions for the Police Department’s Recruit Training Pool to allow for the transition and rotation of inbound and existing Police Officer I recruits.
Reference: Comm. 727
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-143
Res. 438-24: AUTHORIZES THE PLANNING DEPARTMENT TO AWARD FUNDS TO VARIOUS NONPROFIT ORGANIZATIONS THROUGH THE KĪLAUEA RECOVERY GRANT PROGRAM
Provides $3,293,400 in grant funds to various nonprofit organizations to provide relief, recovery, mitigation, and long-term resilience for disaster damages, losses, and suffering caused by the 2018 Kīlauea eruption.
Reference: Comm. 728
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-144
Res. 439-24: 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 DIGITAL IMAGING DEVICE FOR THE DEPARTMENT OF LIQUOR CONTROL
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 Hilo Office.
Reference: Comm. 729
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-145
Res. 441-24: AUTHORIZES THE MAYOR TO ENTER INTO AN ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROCEEDING UNDER SECTION 309(a) OF THE CLEAN WATER ACT, 33 U.S.C. §1319(a)
The agreement would establish a binding order on the County to remediate deficiencies in the condition and maintenance of wastewater treatment facilities in Hilo, Kulaʻimano, Pāpaʻikou, and Kealakehe. The Administrative Order on Consent outlines issues of concern and proposed remedial activities the County would be required to undertake and complete prior to 2035.
Reference: Comm. 732
Intr. by: Ms. Evans (B/R)
Approve: GOEAC-111
Res. 444-24: AUTHORIZES THE ISLAND OF HAWAI‘I YMCA TO USE CONTINGENCY RELIEF FUNDS FROM COUNCIL DISTRICT 3, PREVIOUSLY AWARDED BY RESOLUTION NO. 411-24, FOR EXPENSES RELATING TO A MURAL PROJECT FOR ITS NEW HORIZONS YOUTH DEVELOPMENT PROGRAM Funds would be used to cover artist consultation fees and to purchase art materials.
Reference: Comm. 748
Intr. by: Ms. Lee Loy
Res. 445-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ROOT AND RISE HAWAI‘I FOR EXPENSES RELATING TO ITS NATURE AND ART AS THERAPY WORKSHOPS
Transfers $6,400 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 749
Intr. by: Ms. Galimba
Res. 446-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ORCHIDS TO THE DEPARTMENT OF PARKS AND RECREATION
The donation from Quintal Farms, with an estimated value of $30,000, would be planted around the Pana‘ewa Rainforest Zoo and Garden by the Orchid Society.
Reference: Comm. 750
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 447-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION
Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $169, to be used by the department’s Nutrition Division.
Reference: Comm. 751
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 448-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HO‘OULU LĀHUI FOR EXPENSES RELATING TO THE PUNA FOOD SUMMIT, A COMMUNITY ACTIVATION EVENT OF REVITALIZE PUNA
Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 753
Intr. by: Ms. Kierkiewicz
BILLS FOR ORDINANCES (FIRST READING)
Bill 132: AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY RENAMING KAHAKAI PARK, THE “WAIAKAHIʻULA BEACH PARK” IN RECOGNITION OF ITS ORIGINAL PLACE NAME
Reference: Comm. 721
Intr. by: Ms. Kierkiewicz
Approve: PCHSW-10
Bill 135: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2024
Increases revenues in the American Job Center-One Stop Program Income account ($75,540); and appropriates the same to the American Job Center-One Stop
Program account. These additional funds would be used to pay for additional costs incurred for rent and utilities generated by a recent office relocation.
Reference: Comm. 752
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 109: (Draft 4)
INITIATES AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE HAWAI‘I COUNTY CHARTER (2022 EDITION), RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS
Proposes to revise the County Charter to require the Mayor to appoint department heads within 30 days of taking office and within 60 days of any vacancy occurring during the Mayor’s term of office.
Reference: Comm. 627.23
Intr. by: Mr. Inaba and Ms. Villegas
First Reading: January 10, 2024
Second Reading: January 24, 2024
Postponed: February 7, 2024
Held Over Pursuant to
Council Rule 23(1)(d): February 21, 2024
2/3 Vote: Third of three required readings, Section 15-1(a), Hawai‘i County Charter
(Note: There is a motion by Mr. Inaba, seconded by Ms. Villegas, to pass Bill 109, Draft 3, on third and final reading.)
Bill 128: (Draft 2)
AMENDS CHAPTER 11, ARTICLE 1, SECTION 11-15, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TRANSFER OF EXCESS AFFORDABLE HOUSING CREDITS
Requires developers of affordable housing projects to obtain approval from the Housing Administrator prior to initiating the transfer of excess affordable housing credits and that the Housing Administrator validate any such transfer upon its completion.
Reference: Comm. 695.2
Intr. by: Mr. Inaba and Ms. Kimball
First Reading: February 21, 2024
Bill 129: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2024
Appropriates revenues in the State Grants – Transit-Oriented Development Capital Improvement Projects for Kukuiola Village 9 account ($400,000); and appropriates the same to Transit-Oriented Development Capital Improvement Projects for Kukuiola Village 9 account. Funds would be used to support the assessment, design, and feasibility of low-income affordable housing in a portion of Kukuiola Village 9 in North Kona.
Reference: Comm. 703
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: February 21, 2024
Bill 130: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279, SCHEDULE 27 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED AT ALL TIMES
Adds parking restrictions for two segments of Kilohana Street that intersect with Ailina Street and Sunset Drive.
Reference: Comm. 704
Intr. by: Ms. Lee Loy (B/R)
First Reading: February 21, 2024
Bill 131: (Draft 2)
AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024
Adds the Public Works Puna Alternate Routes Study – County Project ($1,000,000); and the Puna Alternate Routes Study – State Project ($1,000,000) to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or other Sources ($1,000,000) and State Grants Receivable ($1,000,000), to identify alternate routes to relieve traffic congestion and increase evacuation capacity, if needed.
Reference: Comm. 715.2
Intr. by: Ms. Kierkiewicz
First Reading: February 21, 2024
Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter
Bill 133: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2024
Increases revenues in the Federal Grants – Civil Defense Emergency Management Performance Grant account ($118,750); and appropriates the same to Civil Defense Emergency Management Performance Grant account, for a total appropriation of $343,750. These additional funds would be used to update the Multi-Hazard Mitigation Plan and purchase Adobe software licenses.
Reference: Comm. 730
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: February 21, 2024
REPORTS
GOEAC-109 (Comm. 719):
NOMINATION OF ROGER KAIWI TO THE LEEWARD PLANNING COMMISSION
Requires Council Confirmation by: March 16, 2024 (Section 13-4(k), Hawaiʻi County Charter)
GOEAC-110 (Comm. 720): NOMINATION OF CECI DAVENPORT TO THE LIQUOR CONTROL ADJUDICATION BOARD
Requires Council Confirmation by: March 16, 2024 (Section 13-4(k), Hawaiʻi County Charter)
REFERRALS FOR EXECUTIVE SESSION
Comm. 747: BLAKE DAY V. COUNTY OF HAWAI‘I; CV 23-00576 LEK-RT From Deputy Corporation Counsel Steven K. Idemoto, dated February 15, 2024, 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 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 Hawaiʻi 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.
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