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HomeMy WebLinkAboutAGE COUNCIL 2022-09-07 2020-2022 ACTIONS MAILE MEDEIROS DAVID t.,OF p HOLEKA GORO INABA Chair&Presiding Officer o?IN �k+,, MATT KANEALI`I-KLEINFELDER ASHLEY L.KIERKIEWICZ AARON S. Y. CHUNG �* Vice Chair HEATHER L.KIMBALL ��.o:� SUSAN L.K.LEE LOY HERBERT M."TIM"RICHARDS,III REBECCA VILLEGAS COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 48th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii September 7, 2022 9:00 a.m. Notice is hereby given that the Hawaii County Council will be conducting this meeting via interactive conference technology (ICT)pursuant to Hawaii Revised Statutes §92-3.5. Council Members will be participating via ICT at the: • Kona Council Chambers,West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A Members of the public may also attend from this location. Public attendance via Courtesy is available at the following locations: • Pahoa Council Office, 15-2879 Pahoa Village Road; and • Waimea Council Office, Parker Square, 65-1279 Kawaihae Road, Suite 109. 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, September 6, 2022. 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, September 6, 2022,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, Hawaii, 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 Hawaii County Council-48 September 7,2022 INVOCATION Senior Pastor Daniel De Luz Jr. of Glad Tidings Church CALL TO ORDER 9:00 a.m. 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 June 2, 2022 June 15, 2022 August 3, 2022 APPROVED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 2 Hawaii County Council-48 September 7,2022 ORDER OF RESOLUTIONS Res. 467-22: REQUESTS THE OFFICE OF THE COUNTY AUDITOR TO CONDUCT A (Draft 2) PERFORMANCE AUDIT OF THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO ENSURE THE EFFICIENT ISSUANCE AND UTILIZATION OF AFFORDABLE HOUSING CREDITS THAT INCLUDES A COMPREHENSIVE ACCOUNTING OF ALL CREDITS ISSUED, OUTSTANDING, TRANSFERRED, OR REDEEMED, AND RECOMMENDATIONS THAT ENHANCE PROGRAM CONTROLS, EFFICIENCY, AND EFFECTIVENESS Reference: Comm. 886.3 Intr. by: Mr. Inaba Approve: FC-183 ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 477-22: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO NA MAKA HALOA O WAIPI`O Approves a grant of$119,900 to Na Maka Haloa O Waipi`o, a 501(c)(3)nonprofit organization, to protect,preserve, and restore the Pohoiki property (Tax Map Key: 1-3-008-097), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 897 Intr. by: Ms. Kierkiewicz Approve: FC-184 ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 3 Hawaii County Council-48 September 7,2022 Res. 478-22: AUTHORIZES THE TEMPORARY CLOSURE OF THE SOUTHERN ROADWAY STUB-OUT OF KA`EKA STREET IN THE DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII The temporary closure would reduce loitering, littering, consumption of alcohol, and other illegal activities in this area until such time as the Council, by resolution, authorizes its reopening. Reference: Comm. 899 Intr. by: Mr. Inaba Approve: PWMTC-20 ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 484-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KAILUA VILLAGE BUSINESS IMPROVEMENT DISTRICT, INC., FOR REIMBURSEMENT OF EXPENSES FOR ITS 4TH OF JULY FIREWORKS DISPLAY Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 905 Intr. by: Ms. Villegas Postponed: August 17, 2022 (Note: There is a motion by Ms. Villegas, seconded by Mr. Inaba, to adopt Res. 484-22.) WITHDRAWN BY INTRODUCER Page 4 Hawaii County Council-48 September 7,2022 Res. 491-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF UP TO EIGHT BUSES FROM THE CITY AND COUNTY OF HONOLULU DEPARTMENT OF TRANSPORTATION SERVICES Accepts up to eight 2000 and 2002 40-foot Gillig Phantom buses, with an approximate value of$1,000 each for the Mass Transit Agency's transportation fleet. Reference: Comm. 915 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-185 ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 494-22: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A LONG- (Draft 2) TERM LEASE OF APPROXIMATELY 1,000 ACRES OF COUNTY-OWNED, AGRICULTURAL-ZONED LANDS, BEING TAX MAP KEYS: 4-2-005:001 AND 4-2-005:005, KOHOLALELE, HAMAKUA, HAWAII, WITH HUI MALAMA I KE ALA `ULILI, PURSUANT TO CHAPTER 2, ARTICLE 19, SECTIONS 2-114 AND 2-120, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED) Allows for the lease of these parcels to Hui Malama I Ke Ala `Ulili for the purposes of`aina stewardship, Native Hawaiian farming and gathering practices, regenerative agroforestry, and diversified agro-ecological systems. Reference: Comm. 918.2 Intr. by: Ms. Kimball Approve: FC-186 AMENDED TO DRAFT 3 AND ADOPTED: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. Page 5 Hawaii County Council-48 September 7,2022 Res. 504-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII TO ASSIST WITH EXPENSES FOR ITS MAKAHIKI EVENTS IN HILO, PUNA, KAT, KONA, AND KOHALA Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 932 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Member Inaba— 1. Excused: Council Member Kierkiewicz— 1. Res. 505-22: 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 ZONTA CLUB OF HILO FOUNDATION FOR ITS SERVICE PROJECTS THAT ARE DEDICATED TO EMPOWERING AND INSPIRING YOUNG GIRLS Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 933 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 6 Hawaii County Council-48 September 7,2022 Res. 506-22: COMMITS TO FUNDING THE COST ITEMS AWARDED BY ARBITRATION TO SHOPO BARGAINING UNIT 12 AND EMPLOYEES EXCLUDED FROM BARGAINING UNIT 12 FOR THE CONTRACT PERIOD JULY 1, 2021, THROUGH JUNE 30, 2025 The estimated costs over the four years of the new contract resulting from one-time lump sum payments, across-the-board increases, step movements, and within-range progressions, would be $31,699,929. Reference: Comm. 934 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. Res. 507-22: COMMITS TO FUNDING THE COST ITEMS AWARDED BY ARBITRATION TO HAWAII GOVERNMENT EMPLOYEES ASSOCIATION UNIT 15 AND EMPLOYEES EXCLUDED FROM THAT UNIT FOR THE CONTRACT PERIOD JULY 1, 2021, THROUGH JUNE 30, 2025 The estimated costs over the four years of the new contract resulting from lump sum payments, across-the-board increases, and step movements would be $914,437. Reference: Comm. 935 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. Page 7 Hawaii County Council-48 September 7,2022 Res. 508-22: 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 AND DEVELOPMENT COUNCIL FOR A REIMBURSEMENT OF EXPENSES RELATED TO THE 36TH ANNUAL BIG ISLAND PRO-AM SURFING TRIALS Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 936 Intr. by: Mr. Kaneali`i-Kleinfelder ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Villegas —5. Noes: Council Members Lee Loy, Richards, and Chair David—3. Absent: Council Member Inaba— 1. Excused: None. Res. 509-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND HIV/AIDS FOUNDATION FOR EXPENSES RELATED TO TESTING, HEALTH EDUCATION, AND COMMUNITY OUTREACH IN KAILUA-KONA Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 937 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 8 Hawaii County Council-48 September 7,2022 Res. 510-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR THE HEALTH AND FITNESS FIELD DAY EVENTS AT HONAUNAU AND HO`OKENA ELEMENTARY SCHOOLS Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 939 Intr. by: Ms. David ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 511-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE TO ASSIST WITH EXPENSES RELATED TO THE HEALTH AND FITNESS FIELD DAY EVENTS IN WEST HAWAII Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 940 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 9 Hawaii County Council-48 September 7,2022 Res. 512-22: 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 EXPENSES RELATING TO THE 2022 HAWAII ISLAND ALL NATIONS POWWOW 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. 941 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 513-22: 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 DANIEL R. SAYRE MEMORIAL FOUNDATION TO PURCHASE WATER SAFETY EQUIPMENT FOR THE HAWAII FIRE DEPARTMENT'S OCEAN SAFETY DIVISION Transfers $4,250 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Hawaii Fire Department, Ocean Safety Equipment account. Reference: Comm. 943 Intr. by: Mr. Richards ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 10 Hawaii County Council-48 September 7,2022 Res. 514-22: 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 ZONTA CLUB OF HILO FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS "AMELIA EARHART GIRLS IN ENGINEERING DAY" EVENT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 947 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 515-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SPECIAL OLYMPICS HAWAII INC. FOR ITS AWARDS RECOGNITION AND SPORTS SIGN-UP EVENT IN WEST HAWAII Transfers $1,250 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 948 Intr. by: Ms. David ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 11 Hawaii County Council-48 September 7,2022 Res. 516-22: 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 KEAUKAHA SCHOOL FOUNDATION FOR KEAUKAHA ELEMENTARY SCHOOL'S PRESCHOOL ACTIVITIES IN THE 2022-2023 SCHOOL YEAR Transfers $2,710 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 951 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 517-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII FOR ITS MAKAHIKI EVENT IN COUNCIL DISTRICT 9 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 954 Intr. by: Mr. Richards ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Member Inaba— 1. Excused: Council Member Kierkiewicz— 1. Page 12 Hawaii County Council-48 September 7,2022 Res. 518-22: 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 ZONTA CLUB OF HILO FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS YOUTH- ORIENTED PROJECTS 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. 955 Intr. by: Mr. Chung ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 525-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ONE MICROSOFT SURFACE PRO 6 WITH ACCESSORIES TO THE DEPARTMENT OF FINANCE The donation from Steven Hunt, with an estimated value of$400, would be used by the Internal Control and Transient Accommodations Tax Division. Reference: Comm. 962 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 13 Hawaii County Council-48 September 7,2022 Res. 526-22: CREATES THREE NEW FIRE COMMUNICATIONS OFFICER III (TEMPORARY) POSITIONS FOR THE HAWAII FIRE DEPARTMENT Existing personnel would be temporarily assigned to these new positions to train new Fire Communications Officer I hires and conduct on-the-job training on fire and emergency medical services communications methods and procedures. Reference: Comm. 963 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. Res. 527-22: 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 DANIEL R. SAYRE MEMORIAL FOUNDATION TO PURCHASE EQUIPMENT FOR THE HAWAII FIRE DEPARTMENT'S OCEAN SAFETY DIVISION Transfers $4,250 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Hawaii Fire Department, Ocean Safety Equipment account. Reference: Comm. 965 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. Page 14 Hawaii County Council-48 September 7,2022 Res. 528-22: 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 FOOD BASKET, INC., FOR EXPENSES RELATED TO ITS COMMUNITY FOOD DISTRIBUTION Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 966 Intr. by: Mr. Richards ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 196: REPEALS ORDINANCE NO. 17-7, WHICH AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL— 10,000 SQUARE FEET (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-040:004 (Planning Director Initiated) (Area: Approx. 1.000 acre) The Windward Planning Commission forwards its favorable recommendation to revert the zoning from Neighborhood Commercial to its original designation of Single-Family Residential at the request of the landowner. The property is located along the east(makai) side of Kilauea Avenue, approximately 180 feet north of its intersection with East Kahaopea Street. Reference: Comm. 913 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-73 PASSED IST READING: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 15 Hawaii County Council-48 September 7,2022 Bill 197: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Increases revenues in the Federal Grants —Housing Choice Voucher-Housing Project account($180,000); and appropriates the same to the Housing Ulu Wini Other Current Expenses account, bringing the total appropriation to $1,355,312. Funds would be used to subsidize operating costs required to run the Ulu Wini Housing project. Reference: Comm. 914 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-187 PASSED IST READING: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Bill 198: AMENDS SECTION 25-8-32 (SOUTH HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—3 ACRES (A-3a) TO SINGLE- FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT AINAOLA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-039:025 (Applicant: RJL, LLC) (Area: Approx. 13.838 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to apply for a subdivision of 33 lots to be sold on the open market. The property is located at the southwest corner of the Haihai Street and Ainaola Drive intersection. Reference: Comm. 919 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-74 PASSED IST READING: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 16 Hawaii County Council-48 September 7,2022 Bill 199: AMENDS ORDINANCE NO. 17-24, WHICH AMENDED ORDINANCE NO. 12-111, WHICH AMENDED ORDINANCE NO. 99-116, WHICH AMENDED ORDINANCE NO. 96-159, WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED) (FORMERLY REFERRED TO AS SECTION 25-114, CITY OF HILO ZONE MAP, ARTICLE 3, CHAPTER 25, ZONING CODE), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL— 7,500 SQUARE FEET (CN-7.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-2-044:031, 032, 035, AND 037 (Applicant: Hilo Senior Investments, LLC—formerly Island Heritage Ventures, LLC) (Area: Approx. 7.402 acres) The Windward Planning Commission forwards its favorable recommendation for this request for a five-year time extension to Condition C (Time to Secure Final Subdivision Approval). The applicant plans to develop an assisted living facility and a commercial/retail building. The property is located on the southeast side of the intersection of Kanoelehua Avenue and East Kahaopea Street. Reference: Comm. 922 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-75 PASSED IST READING: Ayes: Council Members Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David—5. Noes: Council Members Kaneali`i-Kleinfelder and Villegas —2. Absent: Council Members Chung and Inaba—2. Excused: None. Page 17 Hawaii County Council-48 September 7,2022 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 120: AMENDS CHAPTER 24, ARTICLE 8, AND CHAPTER 25, ARTICLE 1 (Draft 2) AND ARTICLE 4, DIVISION 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PROVIDING, MAINTAINING, AND DEDICATING PARKING SPACES AND CHARGING STATIONS FOR ELECTRIC VEHICLES Requires all newly constructed "places of public accommodation"with at least 50 parking spaces to install electric vehicle chargers and dedicated parking spaces under a tiered schedule that increases the required amount of electric vehicle chargers and parking spaces every two years through 2029, and allows an additional two years for existing "places of public accommodation"that seek plan approval to meet similar requirements. Reference: Comm. 608.49 Intr. by: Ms. Kimball First Reading: August 17, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Bill 192: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the State Grants —Career Criminal Program account ($324,512); and appropriates the same to the Career Criminal Prosecution Program account. Funds would be used by the Office of the Prosecuting Attorney for the Career Criminal Prosecution Program. Reference: Comm. 889 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: August 17, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 18 Hawaii County Council-48 September 7,2022 Bill 193: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the State Grants —Victim/Witness Assistance account ($93,371); and appropriates the same to the Aid to Victims account. Funds would be used by the Office of the Prosecuting Attorney for the Victim-Witness Assistance Program. Reference: Comm. 890 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: August 17, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. REFERRALS FOR EXECUTIVE SESSION Comm. 949: ROSALINDA LARKIN AS GUARDIAN/GUARDIAN AD LITEM OF CHARLES EDWARD LARKIN, JR., AND ROSALINDA LARKIN VS. DEREK KENISON, ET AL.; CIVIL NO. 18-00360 JAO-KJM From Deputy Corporation Counsel Lerisa L. Heroldt, dated August 15, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced lawsuit filed by John R. Remis, Jr., Esquire, and Robert D. Eheler, Jr., Esquire, on behalf of their client Rosalinda Larkin. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. 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 Hawaii 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. Page 19 Hawaii County Council-48 September 7,2022 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 11:36 a.m. 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 parry. 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 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/UCJNalwg40oK7a-7nGnEtGPA. If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by September 2, 2022. 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 961-8255. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url)to videotestimony(a]hawaiicouno�.go before 12:00 noon on the business day prior to the meeting. The email shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video submittal. Each video submittal shall be limited to a single agenda item. Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Page 20