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HomeMy WebLinkAboutAGE COUNCIL 2022-09-21 2020-2022 ACTIONS MAILE MEDEIROS DAVID HOLEKA GORO INABA Chair & Presiding Officer MATT KĀNEALIʻI-KLEINFELDER ASHLEY L. KIERKIEWICZ AARON S. Y. CHUNG HEATHER L. KIMBALL Vice Chair 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 th 49 Session ORDER OF BUSINESS West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i September 21, 2022 9:00 a.m. 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:  Pāhoa Council Office, 15-2879 Pāhoa 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 20, 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 20, 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, 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-49 September 21, 2022 INVOCATION Pastor Jason Meechan of Kona Faith Center 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) August 17, 2022 APPROVAL OF MINUTES APPROVED: Ayes: Council Members Chung, Inaba, Kimball, Villegas, and Chair David – 5. Noes: None. Absent: Council Members Kānealiʻi-Kleinfelder, Kierkiewicz, Lee Loy, and Richards – 4. Excused: None. ORDER OF RESOLUTIONS Res. 503-22: ACCEPTS THE DEDICATION OF ROADWAY LOT 9-L-6-A, AREA 808 SQUARE FEET, BEING IDENTIFIED AS TAX MAP ST KEY: 2-4-025:134, SITUATED AT KŪKŪAU 1, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAIʻI, STATE OF HAWAIʻI, FROM GIAMPAOLO BOSCHETTI The landholder seeks to dedicate the roadways and all improvements for public roadway purposes. Reference: Comm. 931 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-22 (Vote on Res. 503-22 is on the next page.) Page 2 Hawai‘i County Council-49 September 21, 2022 ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kimball, Richards, Villegas, and Chair David – 7. Noes: None. Absent: Council Members Kierkiewicz and Lee Loy – 2. Excused: None. Res. 519-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE PITNEY BOWES DIGITAL MAILING SYSTEM FOR THE HAWAIʻI COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $160.99. Reference: Comm. 956 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-188 ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kimball, Richards, Villegas, and Chair David – 7. Noes: None. Absent: Council Members Kierkiewicz and Lee Loy – 2. Excused: None. Res. 520-22: CHANGES TIME ELEMENT OF A HALF-TIME CUSTODIAN/GROUNDSKEEPER I POSITION TO FULL-TIME Requests increased time element to service the Police Department’s Honoka‘a and Laupāhoehoe stations. Reference: Comm. 957 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-189 ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kimball, Richards, Villegas, and Chair David – 7. Noes: None. Absent: Council Members Kierkiewicz and Lee Loy – 2. Excused: None. Page 3 Hawai‘i County Council-49 September 21, 2022 Res. 521-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF HAWAIIAN HOME LANDS PURSUANT TO HAWAIʻI REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAIʻI COUNTY RESEARCH AND DEVELOPMENT DEPARTMENT Allows for the receipt of $500,000 by the County, which would be used to renovate the Feed Mill at the University of Hawaiʻi at Hilo and to study the potential of new feedstock sources. Reference: Comm. 958 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-190 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kimball, Richards, Villegas, and Chair David – 7. Noes: None. Absent: Council Members Kierkiewicz and Lee Loy – 2. Excused: None. Res. 522-22: AUTHORIZES THE CONTINUED EMPLOYMENT OF LEONG KUNIHIRO BROOKE & KIM AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAIʻI, DEPARTMENT OF HUMAN RESOURCES, WORKERS’ COMPENSATION DIVISION Extends the retention of special counsel services with additional compensation of $50,000 and total compensation not to exceed $660,000. Reference: Comm. 959 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-191 Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawai‘i County Charter ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Richards – 1. Excused: None. Page 4 Hawai‘i County Council-49 September 21, 2022 Res. 523-22: AUTHORIZES THE HIRING OF LEONG KUNIHIRO BROOKE & KIM AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAIʻI, DEPARTMENT OF HUMAN RESOURCES WORKERS’ COMPENSATION DIVISION Allows the Office of the Corporation Counsel to retain special counsel for legal services with specific expertise in workers’ compensation matters, with funds not to exceed $300,000. Reference: Comm. 960 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-192 Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawai‘i County Charter ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Richards – 1. Excused: None. Res. 524-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT WITH SPECIAL COUNSEL FOR LEGAL AND PROFESSIONAL SERVICES COVERING WORKERS’ COMPENSATION MATTERS Authorizes the Mayor to enter into a three-year agreement with the law firm of Leong Kunihiro Brooke & Kim to provide legal services on a continuous basis to maintain consistency in the management and handling of workers’ compensation claims. Reference: Comm. 961 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-193 ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Richards – 1. Excused: None. Page 5 Hawai‘i County Council-49 September 21, 2022 Res. 529-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ENVIRONMENTAL RESTORATION FOR EXPENSES RELATED TO THE CONSERVATION AND PRESERVATION OF KEAU‘OHANA STATE FOREST RESERVE Transfers $5,800 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 968 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Richards – 1. Excused: None. Res. 530-22: 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 SALVATION ARMY TO REPLACE FOOD AND SUPPLIES STOLEN FROM ITS KONA CORPS COMMUNITY CENTER Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 969 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 6 Hawai‘i County Council-49 September 21, 2022 Res. 532-22: 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 HAWAI‘I FOR ITS MAKAHIKI EVENT IN NĀ‘ĀLEHU 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. 971 Intr. by: Ms. David ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: None. Excused: Council Member Kierkiewicz – 1. Res. 533-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIIAN PARADISE PARK NEIGHBORHOOD WATCH FOR COMMUNITY ENGAGEMENT AND HOLIDAY EVENTS Transfers $6,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 972 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 7 Hawai‘i County Council-49 September 21, 2022 Res. 534-22: 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 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 974 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Res. 535-22: 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 “MAGNIFICENT ME” CONFERENCE Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 975 Intr. by: Mr. Kānealiʻi-Kleinfelder ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 8 Hawai‘i County Council-49 September 21, 2022 Res. 536-22: 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 HAWAI‘I TO ASSIST WITH EXPENSES FOR ITS MAKAHIKI EVENTS IN NORTH HILO AND KOHALA 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. 976 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: None. Excused: Council Member Kierkiewicz – 1. Res. 541-22: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF APPROXIMATELY $110,000 TO THE HAWAI‘I POLICE DEPARTMENT The donation from IRONMAN would be used for overtime costs to staff police officers at traffic points along the 2022 IRONMAN World Championship triathlon route in Kailua-Kona. Reference: Comm. 983 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. ; and Comm. 983.1: From Finance Director Deanna Sako, dated September 13, 2022, transmitting proposed amendments to Res. 541-22. Page 9 Hawai‘i County Council-49 September 21, 2022 BILLS FOR ORDINANCES (FIRST READING) Bill 195: AMENDS CHAPTER 7, OF THE HAWAIʻI COUNTY CODE 1983 (Draft 3) (2016 EDITION, AS AMENDED), RELATING TO DISASTER AND EMERGENCY MANAGEMENT Changes the title of Chapter 7 from “Civil Defense” to “Disaster and Emergency Management” and revises and reorganizes the sections therein. Replaces definitions, inserts sections to clarify Civil Defense Agency organization and duties, clarifies requirements for Emergency Action Plans and use of multi- governmental services; and delineates the Mayor’s authority to declare a state of disaster or emergency and ability to exercise emergency powers. Reference: Comm. 911.9 Intr. by: Ms. Kierkiewicz Approve: PRPSC-36 ST AMENDED TO DRAFT 4 AND PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. ; and Comm. 911.14: From Council Member Ashley L. Kierkiewicz, dated September 13, 2022, transmitting a proposed amendment to Bill 195, Draft 3. ; and Comm. 911.15: From Council Member Ashley L. Kierkiewicz, dated September 13, 2022, transmitting a proposed amendment to Bill 195, Draft 3. ; and Comm. 911.16: From Council Member Ashley L. Kierkiewicz, dated September 13, 2022, transmitting a proposed amendment to Bill 195, Draft 3. ; and Comm. 911.17: From Council Member Ashley L. Kierkiewicz, dated September 13, 2022, transmitting a proposed amendment to Bill 195, Draft 3. Page 10 Hawai‘i County Council-49 September 21, 2022 Bill 200: AMENDS CHAPTER 20, OF THE HAWAIʻI COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), RELATING TO VEHICLE DISPOSAL Relocates existing provisions for the removal of abandoned or derelict vehicles into a new article of the Hawaiʻi County Code, establishes that a notice be placed on abandoned or derelict vehicles stating that the vehicle must be moved beyond a radius of one mile within 24 hours to be declassified as abandoned or derelict, and establishes a Vehicle Disposal Assistance Program that would allow a property owner or registered vehicle owner to apply for the removal of an abandoned or derelict vehicle. Reference: Comm. 938.2 Intr. by: Mr. Kānealiʻi-Kleinfelder Approve: RAWEEMC-17 ST PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Bill 203: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 8, SECTION 24-293, SCHEDULE 41, OF THE HAWAIʻI COUNTY CODE (2016 EDITION, AS AMENDED) RELATING TO THE USE OF CERTAIN STREETS BY CERTAIN VEHICLES RESTRICTED Repeals Subsection (f)(2), which prohibits vehicles with a gross vehicle weight rating of five or more tons from using Kaiminani Drive in North Kona. Reference: Comm. 946 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-23 ST PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 11 Hawai‘i County Council-49 September 21, 2022 Bill 205: AMENDS ORDINANCE NO. 17-65 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 20 ACRES (A-20a) TO GENERAL INDUSTRIAL – 20,000 SQUARE FEET (MG-20) AT KEAʻAU, PUNA, HAWAI‘I, COVERED BY TAX MAP KEY: 1-6-141:002 (Applicant: Keʻaloha Lani, LLC-formerly Hawai‘i Island Distilling, LLC) (Area: 6.505 acres) The Windward Planning Commission forwards its favorable recommendation to amend Condition E (Timing of Fire Flow Improvements) and Condition I (Timing of Roadway Improvements). The property is located east of Highway 11 (Volcano Highway), west of Railroad Avenue, and north of Highway 130 (Keaʻau-Pāhoa Highway) in Puna. Reference: Comm. 953 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-76 ST PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Bill 206: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the State Grants – Gorse Pilot Program account ($500,000); and appropriates the same to the Gorse Pilot Program account. Funds would be used to renovate the Feed Mill at the University of Hawaiʻi at Hilo and to study the potential of new feedstock sources. Reference: Comm. 958 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-194 ST PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 12 Hawai‘i County Council-49 September 21, 2022 Bill 211: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Increases revenues in the Police Department Private Contributions account ($110,000); and appropriates the same to the Police Department Private Contributions account. Funds would be used for overtime costs to staff police officers at traffic points along the 2022 IRONMAN World Championship triathlon route in Kailua-Kona. Reference: Comm. 983 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC ST AMENDED TO DRAFT 2 AND PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. ; and Comm. 983.1: From Finance Director Deanna Sako, dated September 13, 2022, transmitting proposed amendments to Bill 211. Page 13 Hawai‘i County Council-49 September 21, 2022 ORDER OF THE DAY (SECOND OR FINAL 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 HAWAI‘I 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 WAIĀKEA, SOUTH HILO, HAWAI‘I, 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 Kīlauea Avenue, approximately 180 feet north of its intersection with East Kahaopea Street. Reference: Comm. 913 Intr. by: Ms. Kierkiewicz (B/R) First Reading: September 7, 2022 ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Bill 197: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I 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. Kānealiʻi-Kleinfelder (B/R) First Reading: September 7, 2022 (Vote on Bill 197 is on the next page.) Page 14 Hawai‘i County Council-49 September 21, 2022 ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Bill 198: AMENDS SECTION 25-8-32 (SOUTH HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I 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, HAWAI‘I, 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) First Reading: September 7, 2022 ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 15 Hawai‘i County Council-49 September 21, 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 HAWAI‘I 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 WAIĀKEA, SOUTH HILO, HAWAI‘I, 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) First Reading: September 7, 2022 ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kimball, Richards, and Chair David – 5. Noes: Council Members Kānealiʻi-Kleinfelder and Villegas – 2. Absent: Council Members Kierkiewicz and Lee Loy – 2. Excused: None. REPORTS PWMTC-21 APPOINTMENT OF STEPHEN PAUSE AS PUBLIC WORKS DIRECTOR (Comm. 964): Requires Council Confirmation by: October 15, 2022 (Section 13-8, Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kimball, Villegas, and Chair David – 6. Noes: None. Absent: Council Members Kierkiewicz, Lee Loy, and Richards – 3. Excused: None. Page 16 Hawai‘i County Council-49 September 21, 2022 OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 12:22 p.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 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 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 961-8255 as soon as possible, preferably by September 19, 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@hawaiicounty.gov 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 17