Hawaii County Council will meet March 6

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Mitch Roth, Mayor | Facebook

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. 

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/UCJNalwg4OoK7a_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 4, 2024. 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.

http://hawaiicounty.granicus.com/DocumentViewer.php?file=hawaiicounty_1ca709989a964b8b28de005ec8ac8587.pdf&view=1

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