Hawaii County Council will meet April 3.
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, April 2, 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, April 2, 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
INVOCATION Pastor Ron Brav of Calvary Chapel Hilo
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 February 7, 2024
ORDER OF RESOLUTIONS
Res. 450-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT IN THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS FUND TO ENHANCE THE FACILITIES AND PARK GROUNDS AT THE WILLIAM “BILLY” KENOI DISTRICT PARK
Allocates $37,000 for improvements to the Pāhoa Aquatic Center, appliances and equipment for the Pāhoa Neighborhood Facility, and the addition of memorial plaques honoring the contributions made by Mayor William “Billy” Kenoi and Madie Greene.
Reference: Comm. 762
Intr. by: Ms. Kierkiewicz
Approve: FC-148
Res. 451-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES OF THREE FIRE APPARATUS FOR THE FIRE DEPARTMENT
Authorizes the Mayor to enter into five-year lease agreements with an approximate monthly cost of $27,998 for a replacement hazmat truck for the Kaūmana Fire Station and an approximate monthly cost of $37,330 for two replacement engines for the Pāhoa and Volcano Fire Stations.
Reference: Comm. 765
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-149
Res. 452-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH ARIZONA STATE UNIVERSITY
Authorizes the Department of Research and Development to collaborate with Arizona State University to assist with the department’s intervention of Public Utilities Commission dockets, including Integrated Grid Planning, Electrification of Transportation, Performance-based Regulation, Competitive Bidding, Microgrid, and consumer rate cases.
Reference: Comm. 767
Intr. by: Ms. Evans (B/R)
Approve: GOEAC-122
Res. 465-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS 20TH ANNUAL CELEBRATION OF LIFE
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 789
Intr. by: Ms. Kagiwada
Res. 466-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR THE 2024 HILO LEI DAY FESTIVAL
Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.
Reference: Comm. 790
Intr. by: Ms. Kagiwada
Res. 467-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ISLAND ADULT CARE FOR ITS CARE-OKE FOR KŪPUNA EVENT
Transfers $9,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Office of Aging, Other Current Expenses account.
Reference: Comm. 791
Intr. by: Ms. Kagiwada
Res. 468-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION DEVELOPMENT COUNCIL TO PURCHASE CITRIC ACID TO HELP CONTROL COQUI FROGS IN COUNCIL DISTRICT 7
Transfers $5,000 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. 792
Intr. by: Ms. Villegas
Res. 469-24: 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 10, 2024
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Office of Aging, Other Current Expenses account.
Reference: Comm. 793
Intr. by: Mr. Inaba
Res. 470-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATING TO THE HALA FESTIVAL AT THE MAKU‘U FARMERS MARKET
Transfers $2,750 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 794
Intr. by: Ms. Kierkiewicz
BILLS FOR ORDINANCES (FIRST READING)
Bill 139: AMENDS CHAPTER 4, ARTICLE 1, SECTION 4-1-1; ARTICLE 2, SECTION 4-2-4; AND ARTICLE 4, SECTIONS 4-4-31, 4-4-34, AND 4-4-35, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE ANIMAL CONTROL AND PROTECTION AGENCY
Adds a definition for “Police officer”; repeals definitions for “County animal control service” and “Enforcement officer”; amends definitions for “Animal control officer”, “Animals”, and “Poultry”; and makes other revisions intended to clarify existing provisions.
Reference: Comm. 763
Intr. by: Ms. Kimball
Approve: PCHSW-11
Bill 141: 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 Elderly Recreation Services account ($55,000); and appropriates the same to the Elderly Recreation Services account, for a total appropriation of $195,000. Funds would be used to provide recreational classes to seniors 55 years of age and older.
Reference: Comm. 766
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-150
REPORTS
GOEAC-121 (Comm. 740):
NOMINATION OF TYLER PACHECO TO THE TRANSPORTATION COMMISSION
Negative Recommendation: Due to a vote of 3-ayes, 6-noes
REFERRALS FOR EXECUTIVE SESSION
Comm. 787: CLAIM AGAINST THE COUNTY OF HAWAI‘I/FICOH FOR PHUAKTAI
From Claims Investigator Clifford D. Victorine III, dated March 5, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter submitted by First Insurance Company of Hawai‘i (FICOH) on behalf of Aree Phuaktai.
Comm. 788: JOHN J. ANDRADE, IV, V. COUNTY OF HAWAI‘I; CIVIL NO. 3CC15100152K
From Deputy Corporation Counsel Section Chief Lerisa L. Heroldt, dated March 7, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by Ted H.S. Hong, Esquire, on behalf of his client John J. Andrade, IV.
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 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.)
Comm. 627.27: MAYOR’S VETO MESSAGE REGARDING BILL 109, DRAFT 4, RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS
From Mayor Mitchell D. Roth, dated March 19, 2024, returning Bill 109, Draft 4, and stating his reason for disapproval.
; and
Comm. 627.28: REQUEST TO RECONSIDER BILL 109, DRAFT 4, RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS
From Council Member Holeka Goro Inaba and Council Member Rebecca Villegas, dated March 26, 2024, requesting that Bill 109, Draft 4, be placed on the April 3, 2024, Council agenda for reconsideration and a potential override of the Mayor’s disapproval.
; and
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
Third Reading: March 6, 2024
2/3 Vote: Three required readings,
Section 15-1(a), Hawai‘i
County Charter
Mayor Veto: March 19, 2024
Note: Requires 2/3 vote of the entire
membership to override the
Mayor’s veto, pursuant to
Section 3-12, Hawai‘i County
Charter
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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