Hawaii County Council will meet Aug. 7.
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;
• Pāhoa Council Office, 15-2879 Pāhoa Village Road;
• Lily Yoshimatsu Senior Center, 67-1199 Māmalahoa Highway, Waimea; and
• Ocean View Community Association, 92-8924 Leilani Circle.
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, August 6, 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, August 6, 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
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
May 16, 2024
May 30, 2024
ORDER OF RESOLUTIONS
Res. 559-24: AUTHORIZES THE HAWAIʻI FIRE DEPARTMENT TO AWARD FUNDS TO HAWAIʻI WILDFIRE MANAGEMENT ORGANIZATION
Pursuant to Chapter 2, Article 25, Section 2-139(a)(3)(A), Hawaiʻi County Code, the Hawaiʻi Fire Department is providing a grant of $33,200 to the Hawaiʻi Wildfire Management Organization to be used towards Phase 1 of the “Community Fuels Reduction and Defensible Space” project.
Reference: Comm. 936
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Approve: FC-176
Res. 561-24: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR A CONSERVATION EASEMENT FOR ALL OR A PORTION OF THE PROPERTY IDENTIFIED AS TAX MAP KEYS: 7-6-021:016 AND 017, SITUATED IN HŌLUALOA, DISTRICT OF NORTH KONA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND
The County seeks to acquire approximately 68.84 acres of land to protect and preserve cultural and natural resources and open certain areas of the property for education, gathering, and cultural practices. The parcel is listed as priority number eight in the 2022 Annual Report of the Public Access, Open Space, and Natural
Resources Preservation Commission.
Reference: Comm. 941
Intr. by: Ms. Villegas
Approve: LAAC-66
Res. 563-24: DIRECTS THE COUNTY CLERK TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 23-71, RELATING TO VACANCY IN OFFICE, ON THE 2024 GENERAL ELECTION BALLOT
Ordinance No. 23-71 proposes an amendment to the Hawai‘i County Charter that would add an exception to the process of filling vacancies on the County Council by providing that a vacant County Council district seat shall be filled by the person elected to serve the upcoming Council term, if that vacancy occurs or exists after the incoming Council Member was elected.
Reference: Comm. 949
Intr. by: Ms. Kimball
Res. 564-24: DIRECTS THE COUNTY CLERK TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 24-25, RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS, ON THE 2024 GENERAL ELECTION BALLOT
Ordinance No. 24-25 proposes an amendment to the Hawai‘i County Charter that would 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. 950
Intr. by: Ms. Kimball
Res. 565-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIIAN PARADISE PARK NEIGHBORHOOD WATCH TO ASSIST WITH ITS PUNA NEIGHBORHOOD WATCH PROGRAM
Transfers $13,310 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account.
Reference: Comm. 951
Intr. by: Ms. Kierkiewicz
Res. 566-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KU‘IKAHI MEDIATION CENTER INC. FOR ITS BASIC MEDIATION TRAINING FOR VOLUNTEERS
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account.
Reference: Comm. 952
Intr. by: Ms. Kierkiewicz
Res. 567-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE 10TH ANNUAL HAWAI‘I ISLAND ALL NATIONS POWWOW
Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 953
Intr. by: Ms. Kierkiewicz
Res. 568-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE 2024 HAWAI‘I ISLAND ALL NATIONS POWWOW
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. 954
Intr. by: Mr. Kānealiʻi-Kleinfelder
Res. 569-24: 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 LIONS FOUNDATION TO SUPPORT THE DOWNTOWN HILO CHRISTMAS LIGHTS PARADE
Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 955
Intr. by: Ms. Lee Loy
Res. 570-24: 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 LIONS FOUNDATION TO SUPPORT THE 2024 DOWNTOWN HILO CHRISTMAS LIGHTS PARADE
Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 956
Intr. by: Ms. Kimball
Res. 571-24: 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 FRIENDS OF FIRST RESPONDERS FOR EXPENSES RELATING TO THE ROBUST CONFERENCE 2024 FOR FIRST RESPONDERS AND THEIR FAMILIES
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Police Department, Training account.
Reference: Comm. 957
Intr. by: Ms. Kimball
Res. 572-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ALANUI ‘O KA‘Ū FOR ITS INAUGURAL KA‘Ū WELLNESS FESTIVAL
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account.
Reference: Comm. 958
Intr. by: Ms. Galimba
Res. 575-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED TOWARDS TRAINING AND TRAVEL EXPENSES FOR THE “PROTECTING CHILDREN ONLINE” TRAINING TO THE OFFICE OF THE PROSECUTING ATTORNEY
The donation of approximately $17,370 is being provided by the Statewide Children’s Justice Act Grant Task Force.
Reference: Comm. 964
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 576-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE LARGE FORMAT MULTI-FUNCTION DEVICE FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $252, to be used by the department’s Kona office.
Reference: Comm. 965
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
Waived: FC
Res. 577-24: DIRECTS THE COUNTY CLERK TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 24-54, RELATING TO THE COST OF GOVERNMENT COMMISSION, ON THE 2024 GENERAL ELECTION BALLOT
Ordinance No. 24-54 proposes an amendment to the Hawai‘i County Charter that would increase the terms of members from 11 months to 22 months, expand the deadline by which the commission submits its findings and recommendations from 11 months to 20 months after appointment, and that commission members would begin their terms 18 months after the beginning of the term of the mayor instead of one year after the beginning of the term of the mayor.
Reference: Comm. 966
Intr. by: Ms. Kimball
BILLS FOR ORDINANCES (FIRST READING)
Bill 174: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53, AND ARTICLE 10, SECTION 19-71, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES
Allows residential properties rented for six months or more to be eligible for the Homeowner tax classification and replaces the term “husband and wife” with “married persons”.
Reference: Comm. 905
Intr. by: Ms. Kagiwada and Ms. Galimba
Approve: FC-177
Bill 179: (Draft 2)
AMENDS CHAPTER 16, ARTICLE 3, SECTION 16-5, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEES
Seeks to amend subsection (a) by requiring all members to have a “principal” residence instead of “primary” residence, in accordance with Chapter 19, Subsection 19-71(e)(2) of the Code, in the area covered by the Community Development Plan.
Reference: Comm. 929.2
Intr. by: Mr. Inaba
Approve: PCPLUD-11
Bill 180: AMENDS ORDINANCE NO. 24-33, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2024, TO JUNE 30, 2025
Adds the Police Department Hawaiʻi County Morgue project ($1.5 million) to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or other Sources.
Reference: Comm. 930
Intr. by: Mr. Kānealiʻi-Kleinfelder
Approve: FC-178
Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter
Bill 182: AMENDS CHAPTER 24, ARTICLE 4, SECTION 24-17 AND SECTION 24-19, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AN EXEMPTION FROM CERTAIN MOTOR VEHICLE
TAXES AND FEES FOR VEHICLES USED BY POLICE OFFICERS IN THEIR OFFICIAL DUTIES
Seeks to exempt motor vehicles owned or leased for twelve months or longer by the County and County-subsidized motor vehicles from motor vehicle taxes and certain vehicle registration fees.
Reference: Comm. 940
Intr. by: Ms. Kimball
Approve: FC-179
Bill 183: REPEALS ORDINANCE NO. 12 132, WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO MULTIPLE-FAMILY RESIDENTIAL – 3,000 SQUARE FEET (RM-3) AT WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 2-2-038:017
(Planning Director Initiated) (Area: Approx. 0.9793 acres)
The Windward Planning Commission forwards its favorable recommendation to revert the zoning from Multiple-Family Residential to its original designation of Single-Family Residential at the request of the owner. The property is located at 1623 Kinoʻole Street.
Reference: Comm. 942
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-67
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 175: (Draft 2)
AMENDS CHAPTER 15, ARTICLE 9, SECTION 15-72 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATIONAL FARMERS MARKET FACILITY SCHEDULE
Increases the potential establishment of farmers markets by adding three park facilities to the Hilo/Hāmākua region, one park facility to the Kaʻū region, one park facility to the Kohala region, two park facilities to the Kona region, and two park facilities to the Puna region, and updates the park facility name in the Puna region to “William ‘Billy’ Kenoi District Park.”
Reference: Comm. 917.4
Intr. by: Ms. Kagiwada (B/R)
First Reading: July 24, 2024
Bill 176: (Draft 3)
AMENDS CHAPTER 2, ARTICLE 25 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO APPROPRIATION OF FUNDS TO NONPROFIT ORGANIZATIONS
Adds and amends existing definitions and amends provisions regulating requirements for nonprofit organizations to be eligible for County funding, conditions placed on the receipt of grant awards, and procedures for the awarding of grants.
Reference: Comm. 918.9
Intr. by: Mr. Inaba
First Reading: July 24, 2024
Bill 177: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2025
Appropriates revenues in the Federal Grants – Justice Assistance Grant-Special Response Team Capability Enhancement grant account ($50,537); and appropriates the same to the Justice Assistance Grant-Special Response Team Capability Enhancement grant account, to be used to fund travel and training to increase the efficiency and readiness of the Police Department’s Special Response Team.
Reference: Comm. 923
Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)
First Reading: July 24, 2024
OTHER BUSINESS
(Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.)
Comm. 764.78: MAYOR’S VETO MESSAGE REGARDING BILL 140, RELATING TO SOLID WASTE FACILITIES
From Mayor Mitchell D. Roth, dated July 24, 2024, returning Bill 140 and stating his reason for disapproval.
; and
Comm. 764.79: REQUEST TO RECONSIDER BILL 140, RELATING TO SOLID WASTE FACILITIES
From Council Member Ashley L. Kierkiewicz, dated July 26, 2024, requesting that Bill 140 be placed on the August 7, 2024, Council agenda for reconsideration and a potential override of the Mayor’s disapproval.
(Bill 140 continues on the next page.)
; and
Bill 140: AMENDS CHAPTER 20 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SOLID WASTE FACILITIES
Requires that all solid waste facilities used for the disposal, collection, and transfer of household waste be operated and open to the public at least two days per week.
Reference: Comm. 764
Intr. by: Ms. Kierkiewicz
First Reading: June 19, 2024
Second Reading: July 10, 2024
Mayor Veto: July 24, 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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