Hawaii County Council will meet Sept. 21

Hawaii County Council will meet Sept. 21.

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:

• 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

INVOCATION Pastor Jason Meechan of Kona Faith Center

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 August 17, 2022 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 KEY: 2-4-025:134, SITUATED AT KŪKŪAU 1ST, 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

; and

Comm. 983.1: From Finance Director Deanna Sako, dated September 13, 2022, transmitting proposed amendments to Res. 541-22.

BILLS FOR ORDINANCES (FIRST READING)

Bill 195: (Draft 3) AMENDS CHAPTER 7, OF THE HAWAIʻI COUNTY CODE 1983 (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

; 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.

Bill 200: (Draft 2)

AMENDS CHAPTER 20, OF THE HAWAIʻI COUNTY CODE 1983 (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

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

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

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

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

; and

Comm. 983.1: From Finance Director Deanna Sako, dated September 13, 2022, transmitting proposed amendments to Bill 211.

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

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

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

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

REPORTS

PWMTC-21

(Comm. 964):

OTHER BUSINESS

APPOINTMENT OF STEPHEN PAUSE AS PUBLIC WORKS DIRECTOR

Requires Council Confirmation by: October 15, 2022 (Section 13-8, Hawaiʻi County Charter)

(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.

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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).

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