Hawaii County Council will meet May 1

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Mitch Roth, Mayor | Facebook

Hawaii County Council will meet May 1.

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:

• Hilo Council Chambers, Hawai‘i County Building, 25 Aupuni Street, Room 1401 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;

• Pāhoa Council Office, 15-2879 Pāhoa Village Road; and

• Lily Yoshimatsu Senior Center, 67-1199 Māmalahoa Highway, Waimea.

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 30, 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 30, 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 Charles Brodhead of Kona Church of the Nazarene

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 March 6, 2024

ORDER OF RESOLUTIONS

Res. 471-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HAWAI‘I EMERGENCY MANAGEMENT AGENCY (HI-EMA), PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, FOR A GRANT TO THE HAWAI‘I FIRE DEPARTMENT

Allows for the receipt of $33,200 to fund the Hazard Mitigation Grant Program Post Mana Road Fire program to reduce the risk of wildfires.

Reference: Comm. 797

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Approve: FC-154

Res. 488-24: 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 NORTH KOHALA COMMUNITY RESOURCE CENTER FOR THE KING KAMEHAMEHA DAY PARADE CELEBRATION

Transfers $4,000 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 826

Intr. by: Ms. Evans

Res. 489-24: 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, ELDERLY ACTIVITIES DIVISION IN COUNCIL DISTRICT 9

Transfers $9,300 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Elderly Activities Division Special Programs Other Current Expenses account ($7,295) and Equipment account ($2,005).

Reference: Comm. 827

Intr. by: Ms. Evans

Res. 490-24: 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 NORTH KOHALA COMMUNITY RESOURCE CENTER TO SUPPORT THE “KOHALA VOICES: YOUTH DOCUMENTARY FILM PROGRAM” PROJECT

Transfers $4,700 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 828

Intr. by: Ms. Evans

Res. 491-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ‘O KA‘Ū KĀKOU TO SUPPORT ITS COMMUNITY GARDENS PROJECT

Transfers $8,500 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. 829

Intr. by: Ms. Galimba

Res. 492-24: 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 HAWAI‘I SOCIETY OF OBSTETRICIANS AND GYNECOLOGISTS TO SUPPORT ITS RESIDENCY ROTATION PROGRAM

Transfers $4,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Business Development account.

Reference: Comm. 830

Intr. by: Ms. Kagiwada

Res. 493-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS PARK FACILITIES IN COUNCIL DISTRICT 2

Transfers $33,508 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account.

Reference: Comm. 831

Intr. by: Ms. Kagiwada

Res. 494-24: 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 HAWAI‘I COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR REIMBURSEMENT OF EXPENSES RELATING TO THE KEA‘AU FAMILY FUN DAY

Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 832

Intr. by: Mr. Kānealiʻi-Kleinfelder

Res. 495-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HĀMĀKUA HEALTH CENTER, INC., FOR THE 2024 HONOKA‘A WESTERN WEEK FESTIVAL

Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.

Reference: Comm. 833

Intr. by: Ms. Kimball

Res. 496-24: 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 LGBTQ PRIDE TO SUPPORT ITS 12TH ANNUAL PRIDE FESTIVAL

Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 835

Intr. by: Ms. Kagiwada

Page 5

Hawai‘i County Council-37 May 1, 2024

Res. 497-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO D.A.R.E. HAWAI‘I TO ASSIST WITH EXPENSES RELATED TO ITS 2024 D.A.R.E. DAY CELEBRATION EVENT IN WEST HAWAI‘I

Transfers $4,990 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 836

Intr. by: Mr. Inaba

Res. 501-24: 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 HILO HIGH SCHOOL FOUNDATION FOR THE 2024 HILO HIGH GRAD NITE

Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 845

Intr. by: Ms. Kimball

Res. 502-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HĀMĀKUA HEALTH CENTER, INC., FOR THE HONOKA‘A HIGH SCHOOL 135 YEARS CELEBRATION

Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 846

Intr. by: Ms. Kimball

BILLS FOR ORDINANCES (FIRST READING)

Bill 125: (Draft 2)

AMENDS CHAPTER 6 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO COMMERCIAL BICYCLE TOURS

Seeks to prohibit the operation of commercial bicycle tours on a portion of Kohala Mountain Road and a portion of the Akoni Pule Highway.

Reference: Comm. 679.45

Intr. by: Ms. Evans

Negative: PCPLUD-9 (Due to a vote of 4-ayes,

4-noes, 1-absent)

Postponed: March 20, 2024

(Note: There is a motion by Ms. Evans, seconded by Ms. Villegas, to pass Bill 125, Draft 2, on first reading.)

Bill 146: 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 Federal Grants – Hazard Mitigation Grant Program – Mana Road Fire account ($33,200); and appropriates the same to the Hazard Mitigation Grant Program – Mana Road Fire account to reduce the risk of wildfires.

Reference: Comm. 797

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Approve: FC-155

Bill 147: 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 a provision prohibiting parking on pavement at all times for a portion of the east side of Government Road in Kaʻū, near its junction with Nīnole Loop Road.

Reference: Comm. 803

Intr. by: Ms. Lee Loy (B/R)

Approve: PCIA-7

Bill 159: 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

Increases the appropriation to the Public Works Bridge Repair Projects – Honoli‘i and Kaiwilahilahi Streams - Federal Project ($14,282,000) in the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable and would be used for structural repairs to and preservation of the Honoli‘i Stream Bridge and the Kaiwilahilahi Stream Bridge.

Reference: Comm. 844

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter

ORDER OF THE DAY (SECOND OR FINAL READING)

Bill 142: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALING ORDINANCE NO. 23-46 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2024

Establishes rates of compensation for appointed employees in the Legislative Branch and the Office of Housing and Community Development, the County Physician, Student Helpers, and Senior Community Services Aids for various County agencies, and incorporates updates to minimum wage positions.

Reference: Comm. 781

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

First Reading: April 17, 2024

REFERRALS FOR EXECUTIVE SESSION

Comm. 834: LUCAS PARRISH V. COUNTY OF HAWAI‘I, ET AL.; CIVIL NO. 3CC181000217

From Deputy Corporation Counsel E. Britt Bailey dated April 12, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by Michael Cruise, Esquire, on behalf of his client Lucas Parrish.

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 April 29, 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_339795c9b1d0aec326a214b494977fb5.pdf&view=1

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