HomeMy WebLinkAboutMIN COUNCIL 2025-05-21 2024-2026 Hawaii County Council
131h Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
May 21, 2025
INVOCATION: Pastor John Endriss of Engage Church Hilo gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:06 a.m., in the Council Chambers, Hilo, by Mr. Holeka Goro Inaba, Chair.
ROLL CALL:
Present: Mr. Holeka Goro Inaba, Chair
Mr. Dennis "Fresh" Onishi, Vice Chair
Ms. Michelle M. Galimba, Member
Mr. James E. Hustace, Member
Ms. Jenn Kagiwada, Member
Mr. Matt Kaneali`i-Kleinfelder, Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Heather L. Kimball, Member
Ms. Rebecca Villegas, Member (via videoconference from Kona; came in later)
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, County Clerk Jon Henricks led the Council in
the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (Note: At this time:
EXPRESSIONS OF 1) Ms. Kierkiewicz and Ms. Kagiwada presented Certificates of Merit to
CONDOLENCE: Senaka Reddy and Keoni Randolph for qualifying for the National Speech and
Debate Association Tournament occurring in Des Moines this summer;
2) Mr. Inaba presented a Certificate of Merit to Hawaii Fire Department for the
2025 EMS Appreciation Week occurring May 18-24, 2025;
3) Mr. Inaba presented the May 2025 Haweo Award to Firefighter Brian Wilson
of the Hawaii Fire Department;
4) Ms. Kagiwada presented Certificates of Merit to members of the Viks Queens,
Hilo High Girls Flag Football Team in recognition of an undefeated season;
and
Hawaii County Council-13 May 21,2025
5) Ms. Kierkiewicz presented a Certificate of Merit to Susie Osborne in
recognition of her involvement in Kua O Ka La New Century Public Charter
School and community.)
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
Linda Sefo: Res. 179-25 (Comm. 285), in support.
(representing Job Challenge
Academy)
Chanyn Tancago: Res. 179-25 (Comm. 285), in support.
(representing Job Challenge
Academy)
Kaimana Billaber-Nagle: Res. 179-25 (Comm. 285), in support.
Daisha-lyn Kukona-Pacheco: Res. 179-25 (Comm. 285), in support.
Kah6kupa`iwa Avilla: Res. 179-25 (Comm. 285), in support.
K. T. Cannon-Eger: Res. 140-25 (Comm. 239), comment.
(representing Friends of (See Comm. 239.11)
Lili`uokalani Gardens)
Mark Sidmore: Bill 47 (Comm. 236), in opposition.
(See Comm. 236.88)
Susie Osborne: Bill 40 (Comm. 207), in support.
(representing Kua O Ka La New
Century Public Charter School)
Kalena Blakemore: Bill 40 (Comm. 207), in support.
(representing Ho`oulu-Lahui)
Elyse Stevens: Res. 145-25 (Comm. 245), comment.
Greg Owen: Bill 47 (Comm. 236), comment.
Martina Wing: Bill 47 (Comm. 236), in opposition.
(See Comm. 236.116)
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Hawaii County Council-13 May 21,2025
Stephanie Donoho: Bill 47 (Comm. 236), in support.
(representing Kohala Coast Resort (See Comm. 236.106)
Association)
Ashley Robinson: Bill 47 (Comm. 236), comment.
Mackenzie Chase: Bill 47 (Comm. 236), in support.
(representing Expedia Group) (See Comm 236.71)
Momi Tong: Res. 176-25 (Comm. 280), in support.
(representing Neighborhood
Place of Puna)
Christian Baker: Bill 47 (Comm. 236), in opposition.
Kali Watson: Bill 44 (Comm. 232), in support.
(representing Department of (See Comm. 232.20)
Hawaiian Home Lands)
Minnie Cain: Res. 176-25 (Comm. 280), in support.
(representing Neighborhood
Place of Puna)
Lauren Foo: Res. 140-25 (Comm. 239), in support.
(representing Aloha Animal
Alliance)
Pat Kahawaiola`a: Bill 44 (Comm. 232), in support.
(representing Komike O Kupuna (See Comm. 232.21)
Ainahou Pulapula)
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following item was taken out of order:
Res. 179-25: RECOGNIZES THE SECOND GRADUATING CLASS OF THE HAWAI`I
NATIONAL GUARD JOB CHALLENGE ACADEMY LOCATED AT THE
KEAUKAHA MILITARY RESERVATION IN HILO, HAWAI`I
Recognizes the achievements of 13 graduates of the Job Challenge Academy, a
career-based program.
Reference: Comm. 285
Intr. by: Council Member Kimball
Waived: GOEAC
Motion to Approve: Ms. Kimball moved to adopt Res. 179-25. Seconded by
Ms. Kierkiewicz.
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Hawaii County Council-13 May 21,2025
CHR. INABA: Council Member Kimball.
MS. KIMBALL: Thank you. First, I just want to start by acknowledging the
great job that those of you who came up and testified did today. That was
brilliant and really a culmination of all the time that we've spent together. So,
just to share with everybody, when the Job Challenge Academy opened, I talked
to Director Proctor and said, "You know, we have jobs in the County. We care
about leadership of youth and the potential for folks to run for office or serve on
boards and commissions. Why don't we work together and do a pilot civics
training program?"
And so we've met together five times. The first time, we talked about the
structure of government, the different authorities of the different levels of
government: State House, County. And we did a simulation of parliamentary
procedures on "Should we move the rock?" question. They did a great job. You
remember that? That was pretty fun?
The second meeting that we had, they came and watched a session here. They
had a little form to fill out and observed all the testimony. It was particularly
interesting because we had the ICE(Immigration and Customs Enforcement),
HPD (Hawai`i Police Department)resolution before us, and you guys had a lot of
questions about that.
I want to mahalo the Mayor, Managing Director Brilhante, and Micah Alameda
who did a great job with them sharing about the Executive Branch, the
opportunities of working in government, serving on boards and commissions.
What I really liked about their presentation is all of them really spoke to the heart
about what public service means. And I think you guys all got an understanding
of the value of having a role in a public service capacity. And then we had
Council Member Kierkiewicz provide a presentation on public speaking and what
it's like to run for office, and just share some of her experiences. I hope you'll
tell us more about that, but I think that went really well. And then, of course,
today is the culmination for them to come and testify on this resolution
acknowledging their graduation, which will happen on the 12�'.
I just really want to congratulate you for participating in this pilot project. I hope
to get some feedback from you on how you think it went, and what we can do to
make it even better next time. But I really enjoyed working with all of you,
getting to know you a little bit. And again,just a great job. And thank you for the
hard work that you've put in so far. Congratulations on your graduation. I just
see so much potential in you folks. I know you're all going to do great things. So
I hope for everyone's support on this resolution. Mahalo.
CHR. INABA: Thank you, Council Member Kimball. Council Member
Kierkiewicz.
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Hawaii County Council-13 May 21,2025
MS. KIERKIEWICZ: Thank you, Chair. Thank you, Council Member Kimball,
for your leadership on this. I think it was a fantastic idea to connect with the
`opio in the Job Challenge Academy and provide them this opportunity to not just
learn more about government, but how to get engaged in government, how to get
engaged in community. I had the opportunity to connect with these bright young
people. I have to say I was really impressed, spending that time with all of you,
getting to know you a bit more. And then today, hearing more about your
individual mo`olelo, especially the sis from Lahaina, who I think was one of the
most quiet in the class and had so much mana`o and wisdom to share.
And I think one of the testifiers mentioned it's not where you come from or
what's happened to you. It's how you move forward in life and in those
situations. So please know that we are so proud of each and every one of you,
how much you've overcome and the perseverance that you have about living life
on your terms and pursuing your passions. I'm really grateful that this program is
here on Hawaii Island, so it can give youth a chance to pursue lives where you
are contributing members of our community. So congratulations and mahalo for
being so engaged. I yield.
CHR. INABA: Thank you, Council Member Kierkiewicz. Vice Chair Onishi.
MR. ONISHL Thank you, Chair. I just want to say, and one of the testifiers
mentioned about your second chance, and that is great to see you folks succeed.
And we cannot be giving up as government officials, leaders out there. We need
to always be helping and supporting you guys. But also I want to thank the
program director Proctor and also deputy program director Spray. With your
guys' leadership and your whole staff, without you guys this would never happen.
So thank you very much.
CHR. INABA: Thank you, Vice Chair Onishi. With that, yes, congratulations.
And my apologies for misstating the program name earlier. Whether you folks
remain here on Hawaii Island or for those who are from off island,please use all
of us on the Council as a resource to connect you with our connections across the
State to ensure your continued success and participation as engaged and valuable
members of our society. So congratulations to you all. All those in favor of
approving Resolution 179-25, please say "aye."
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Hawaii County Council-13 May 21,2025
Vote on Res. 179-25: The motion to adopt Res. 179-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kierkiewicz, Kimball, Onishi,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder
and Villegas —2.
Excused: None.
CHR. INABA: Congratulations. We're going to take a quick, actual ten-minute
recess for a photo and restroom break. We'll be back at 10:50.
Recess: At 10:39 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:51 a.m.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
Chair Inaba announced that the Minutes of February 19 and
March 19, 2025, were approved.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
GOEAC-41 NOMINATION OF JOHN T. KIMURA TO THE BOARD OF APPEALS
(Comm. 269):
Requires Council
Confirmation by: May 31, 2025 (Section 134(k),
Hawaii County Charter)
Vote on GOEAC-41: Ms. Kimball moved to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 41. Seconded by
Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kierkiewicz, Kimball, Onishi,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder
and Villegas —2.
Excused: None.
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Hawaii County Council-13 May 21,2025
(Council Member Kagiwada spoke in favor of the appointment.)
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
(Note: Items in this category were taken up previously, out of order.)
Res. 137-25: REQUESTS THE DEPARTMENT OF WATER SUPPLY TO DEVELOP AND
MAINTAIN AN ONLINE SYSTEM THAT DISPLAYS GENERAL WATER
AVAILABILITY COUNTY-WIDE, INCLUDING NUMBER OF UNITS,
ACTIVE COMMITMENTS, AND DEVELOPER AGREEMENTS
Creates an online system hosted and maintained by the Department of Water
Supply that would provide access to reliable, transparent, and up-to-date
information about water availability for informed decision-making and to support
the County's long-term goals for sustainable developments and water resource
management.
Reference: Comm. 233
Intr. by: Council Member Inaba
Approve: PCENRM-1
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 137-25 and Policy
Committee on Environmental and Natural Resource
Management Committee Report No. 1. Seconded by
Mr. Hustace.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I just want to mahalo you for your
leadership and diligence on this particular issue and collaboration with the
Department of Water Supply. We had a really robust conversation in Committee,
and really am excited about your folks' investment in creating this online tool that
will be a really valuable source of information for us as Council Members and
future councils and administrations, as we make decisions about where to put
housing and other developments, because it all comes down to do we have
sufficient water. So thank you all for your hard work. I yield.
CHR. INABA: Thank you, Council Member Kierkiewicz. Any further
discussion? Seeing none, thank you to the Department of Water Supply for being
here today if there were any questions. All those in favor of approving
Resolution 137-25, please say "aye."
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Hawaii County Council-13 May 21,2025
Vote on Res. 137-25: The motion to adopt Res. 137-25 and Policy Committee on
(Adopted) Environmental and Natural Resource Management
Committee Report No. 1 was carried by the following
voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kierkiewicz, Kimball, Onishi,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder
and Villegas —2.
Excused: None.
Res. 138-25: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH
THE STATE OF HAWAI`I DEPARTMENT OF TRANSPORTATION,
PURSUANT TO HAWAI`I REVISED STATUTES SECTION 46-7, FOR A
GRANT TO THE COUNTY OF HAWAI`I MASS TRANSIT AGENCY
Allows for the receipt of$270,000 of federally-derived funds for the planning of
the Pahoa Transit Hub.
Reference: Comm. 237
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-42
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 138-25 and Finance
Committee Report No. 42. Seconded by Ms. Kagiwada.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Just wanting to note that Acting
Administrator for MTA (Mass Transit Agency) Zach Bergum is here. I don't see
any real discussion that happened during Committee, but I just want to confirm
that this funding, $270,000, will support the continued planning and design of the
Pahoa Transit Hub, which will also include a state library. So thank you for your
work to secure these funds and continue to make this project a reality. I
appreciate it. I yield.
CHR. INABA: Thank you. All those in favor of approving Resolution 138-25,
please say "aye."
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Hawaii County Council-13 May 21,2025
Vote on Res. 138-25: The motion to adopt Res. 138-25 and Finance Committee
(Adopted) Report No. 42 was carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kierkiewicz, Kimball, Onishi,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder
and Villegas —2.
Excused: None.
Res. 139-25: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE
STATE OF HAWAI`I DEPARTMENT OF BUSINESS, ECONOMIC
DEVELOPMENT AND TOURISM
Allows for the receipt of$1,500,000 of federally-derived funds for the
development of the Kukuiola Permanent Supportive Housing Project in Kailua-
Kona.
Reference: Comm. 238
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-43
Vote on Res. 139-25: Ms. Kierkiewicz moved to adopt Res. 139-25 and Finance
(Adopted) Committee Report No. 43. Seconded by Mr. Hustace and
carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kierkiewicz, Kimball, Onishi,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder
and Villegas —2.
Excused: None.
Res. 140-25: APPROVES THE AWARD OF FUNDS TO ALOHA ANIMAL ALLIANCE
HAWAI`I BY THE ANIMAL CONTROL AND PROTECTION AGENCY
Provides $50,000 of grant funds to Aloha Animal Alliance Hawaii for their cat
spay and neuter initiatives.
Reference: Comm. 239
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-44
(Note: Comm. 239.1, from Council Member Holeka Goro Inaba dated May 21,
2025, transmitting proposed amendments to Res. 140-25, was circulated.)
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Hawaii County Council-13 May 21,2025
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 140-25 and Finance
Committee Report No. 44. Seconded by Ms. Kagiwada.
Motion to Amend: Mr. Onishi moved to amend Res. 140-25 with the contents
of Comm. 239.1. Seconded by Ms. Kierkiewicz.
CHR. INABA: Vice Chair Onishi.
MR. ONISHL I understand this is a request by the agency?
CHR. INABA: It's my amendment. I'll just explain. There were some concerns
about not having enough information at Committee, so this provides the exact
breakdown of the $50,000 award being provided to the Hawaii Island Humane
Society. This was collaborated on with the Finance Department and the animal
control agency. I ask for your support. All those in favor of amending Resolution
140-25 with the contents of Communication 239.1,please say "aye."
Vote on Motion to The motion to amend Res. 140-25 with the contents of
Amend: Comm. 239.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, and Chair Inaba—8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council
Suspend Council Rule 23 to waive the holdover for the substantive
Rules: amendment of Res. 140-25. Seconded by Ms. Kierkiewicz
(Approved) and carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, and Chair Inaba—8.
Noes: None.
Absent: Council Member Villegas — 1.
Excused: None.
CHR. INABA: Back to the main motion. Any further discussion? Council
Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I appreciate having the exhibit and the
breakdown of funding just for the sake of public transparency. And then just
want to again state for the record that our Animal Control and Protection Agency
has been working in partnership with both of these organizations to coordinate
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Hawaii County Council-13 May 21,2025
these activities, because I think there is this recognition that they cannot do
everything. They absolutely lean on nonprofits in our community to round out
there efforts. So in full support of the resolution. Thank you.
CHR. INABA: Thank you. All right, on 140-25.
MR. KANEALI`I-KLEINFELDER: One comment.
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I'm not sure if this was said already, and I
appreciate the detailed exhibits that were provided by Mr. Inaba. But speaking to
what was said by K. T. Cannon-Eger earlier regarding the trapping and the
sterilization and the feeding and the continued input of animals into the parks, and
her speaking against that really brought home some of the problems that are
inherent in the way we address cats and other animals in our parks and other
facilities. And I just wanted to put that out for the Council that that is definitely
an interesting component of this. If we just look at how we are addressing it by
saying we're going to neuter and spay, and then continue to let the animals come
into the park and we don't make a move to change that, that doesn't help fix the
problem in the long run. It may limit the population, but if people keep bringing
animals to these places, then the problem will continue to exist no matter what we
do with programs like this. That's how I see it. So thank you for the time, Chair.
CHR. INABA: Thank you. Vice Chair Onishi.
MR. ONISHL Thank you, Chair. I will still not support this. One reason is
because of how the funding was provided. It was taken out of the agency's
general fund and then converted into grant money. And so I cannot support that
because then what stops us from going to other departments where our money is
not being used and take that out and create grant money for an agency or a
nonprofit. So I cannot do that.
And as K. T. did mention about Lili`uokalani, there are issues down there because
of all the feeding. If they would trap and neuter and find a home for them, I
would support this. But I cannot see trapping, neuter, and then put them back into
the place. We need to, as Matt mentioned, we need to look ahead of that and try
to resolve this whole situation. But we cannot continue doing what we're doing.
The last thing I'm going to say, we have a homelessness problem. And so we
need to to me, we need to deal with that first, right, and get people off the streets
and into either their own homes or into medical facilities, or whatever we can do
for them to get them back to how life is supposed to be. So I yield at this time.
Thank you.
CHR. INABA: Thank you, Vice Chair Onishi. Council Member Kagiwada.
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Hawaii County Council-13 May 21,2025
MS. KAGIWADA: Thank you, Chair. A couple things. Thank you, Council
Member Onishi. Agree that housing our homeless population is very important.
As far as spay and neuter services, what we've been doing as a County and as
Council Members with our district funds and with our Waiwai grants and other
things is providing money for spay and neuter because we know our animal
control cannot handle all of that. But I believe that this is actually a step in a
more data-driven, focused way of looking at how we are doing kind of our
scattershot approach to funding spay and neuter.
So I don't know that it's the ultimate answer, but I do think it's a step in the right
direction of trying to look at what we're doing and do it in a more researched way
and mindful way of spending our dollars, but also of figuring out this issue. So I
don't know that it's the end-all, but I really do feel like it's a step in the right
direction and we have to do something.
And then finally, I just want to address Council Member Onishi's concern about
the funding. I was actually the person that put that$150,000 into the proposed
that addition last year in the budget for contract services. It's not their general
fund. It's under their contract services.
After having a lot of discussions with animal control about directions they want to
go and the fact that they cannot do everything, especially around cats. We really
task them to be the main person around dangerous dogs. But some of the cat
things are just really too much for their staff to handle at this time. So I'm going
to be supporting, even though I don't think it's necessarily the be-all, end-all. But
I do hope it will give us some data by going this way, that we can start moving
forward on a better plan. I yield.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: Thank you. I'll be supporting this resolution. I just want to go
on record as saying I agree with the testifier earlier about there's public health and
an environmental health safety issue with cats being abandoned in Lili`uokalani
Park, without a doubt. But there have been other areas on this island, like over in
Waikoloa where DLNR (Department of Land and Natural Resources) did a mass
removal of cats. And what happened was all the feeders kind of went
underground. And last I heard, all the cats are back.
The problem is that we have just so many that when you do an effort where you
just remove them all, it opens up an opportunity for the other strays, the other
colonies, to just move into that space. And because there are feeders there and
they'll just keep doing it, the cats are going to come back. And so there needs to
be a strategy that involves enforcing existing County laws, like the abandonment
laws, like the feeding laws, includes spay and neuter and includes training for
folks that want to provide the food to the cats to make sure that we can gradually
move them out of the area.
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Hawaii County Council-13 May 21,2025
There's no mechanism where we just remove them and other ones don't come in.
There has to be this sort of process where you're attacking it from several
different angles. I know that Council Member Galimba and Kierkiewicz are
working on amendments to Chapter 4. I think there's some opportunities for
improvement there with respect to this enforcement.
This funding is really not dedicated towards some of the to the Lili`uokalani
effort, but it is part and parcel of the general subject, which is we need to be
addressing this from the various angles. Thank you.
CHR. INABA: Thank you. I just want to make sure we're not having policy
discussions about feeding animals here. Vice Chair Onishi, go ahead.
MR. ONISHL Thank you, Chair. Just to clarify, I did talk to the agency. The
funding was created for the agency to hire or to get a vendor to do that certain
project that you folks wanted, but they couldn't get one. So that money was still
in the budget. And because the money was still there, it was taken out.
I cannot understand we're doing more studies, because we know the bottom line
is we need a cat sanctuary. We need some place where we can put the cats. So
P&R (Parks and Recreation) Director Honma and myself and also animal control
will be going to Lanai. Council Member Kimball, you and I think Kagiwada
went there. And so you folks have seen what they're doing. So I don't see
anything moving forward to create that here, but that's one avenue of how we can
help to keep the cats in control, right. But I don't see no movement. So that's
why we're going to go there to go find out what they're doing. And then with
Administration, we're going to be seeing if we can do something about it, to
create something here to help house all these feral animals.
The last thing is just that the nene is federally protected under law. If these
feeders are feeding feral cats and something happens from the cat to the nene, my
question was to animal alliance, what happens? Who's responsible, right, because
now there's a Federal violation going on. And we talked about enforcement.
That's what we want to look at too. So just, I guess, some information or just my
thoughts. I yield.
CHR. INABA: Thank you. We'll take the vote. All those in favor—Mr. Clerk, a
roll call actually.
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Hawaii County Council-13 May 21,2025
Vote on Res. 140-25: The motion to adopt Res. 140-25, as amended to Draft 2,
Draft 2 and Finance Committee Report No. 44 was carried by the
(Adopted) following roll call vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kierkiewicz, Kimball, Villegas,
and Chair Inaba—7.
Noes: Council Members Kaneali`i-Kleinfelder
and Onishi —2.
Absent: None.
Excused: None.
Res. 141-25: APPROVES THE AWARD OF FUNDS TO THE HAWAI`I ISLAND HUMANE
SOCIETY BY THE ANIMAL CONTROL AND PROTECTION AGENCY
Provides $50,000 of grant funds to the Hawaii Island Humane Society to support
off-island animal transport, on-island adoptions, and rehoming efforts.
Reference: Comm. 240
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-45
(Note: Comm. 240.1, from Council Member Holeka Goro Inaba dated May 21,
2025, transmitting proposed amendments to Res. 141-25, was circulated.)
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 141-25 and
Finance Committee Report No. 45. Seconded by
Mr. Hustace.
Motion to Amend: Mr. Onishi moved to amend Res. 141-25 with the contents
of Comm. 240.1. Seconded by Ms. Kierkiewicz.
CHR. INABA: Vice Chair Onishi.
MR. ONISHL Just showing the details of where the funds are going to go to.
CHR. INABA: Thank you. All those in favor, please say "aye."
Vote on Motion to The motion to amend Res. 141-25 with the contents of
Amend: Comm. 240.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-13 May 21,2025
Vote on Motion to Mr. Onishi moved to suspend Council Rule 23 to waive the
Suspend Council holdover for the substantive amendment of Res. 141-25.
Rules: Seconded by Ms. Galimba and carried by the following
(Approved) voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Vote on Res. 141-25: The motion to adopt Res. 141-25, as amended to Draft 2,
Draft 2 and Finance Committee Report No. 45 was carried by the
(Adopted) following roll call vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Villegas, and Chair Inaba—8.
Noes: Council Member Onishi — 1.
Absent: None.
Excused: None.
Res. 142-25: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE STATE OF HAWAI`I'S DEPARTMENT OF
TRANSPORTATION AS WELL AS GRANT A REAL PROPERTY LICENSE
OR PERMIT FOR THEIR INSTALLATION AND UPKEEP OF NATIONAL
ELECTRIC VEHICLE INFRASTRUCTURE SYSTEMS AT VARIOUS
COUNTY OF HAWAI`I PROPERTIES
Seeks to allow the State Department of Transportation to install and maintain
National Electric Vehicle Infrastructure Charging Stations at various sites within
Hawaii County.
Reference: Comm. 242
Intr. by: Council Member Kagiwada(B/R)
Approve: GOEAC-42
and
Comm. 242.1: From Finance Director Diane Nakagawa, dated April 30, 2025, transmitting
proposed amendments to Res. 142-25.
Motion to Approve: Ms. Kagiwada moved to adopt Res. 142-25 and
Governmental Operations and External Affairs Committee
Report No. 42. Seconded by Ms. Galimba.
CHR. INABA: Council Member Kagiwada.
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Hawaii County Council-13 May 21,2025
MS. KAGIWADA: Thank you, Chair. We have Business Manager Kalua-Lewis
here if you have any questions. I think we had a decent discussion during
Committee.
(Note: At this time, Business Manager Kelsey Kalua-Lewis, Public
Works Department, came forward to address the members of the Council.)
MS. KAGIWADA: Good morning.
MS. KALUA-LEWIS: Good morning. I was able to get an update. I believe the
question was posed at Committee, how much vehicles can be charged at a station.
So I reached out to our partners at HDOT (Hawai`i Department of
Transportation). One vehicle can be used at each station, and there will be four
stations at each site.
MS. KAGIWADA: Terrific. Thank you so much for getting that information. I
don't have anything else. I yield.
Motion to Amend: Ms. Kagiwada moved to amend Res. 142-25 with the
contents of Comm. 242.1. Seconded by Mr. Kaneali`i-
Kleinfelder.
CHR. INABA: Any discussion? Council Member Hustace.
MR. HUSTACE: Please explain this amendment. We didn't have it in discussion
last time. It wasn't even brought to the floor. I am opposed to this amendment,
but I don't know why you're striking the location out of Waimea. So please
explain. Thank you.
MS. KALUA-LEWIS: Yes, no problem. We removed the Waimea site because
it is actually, I believe it was an EO (executive order) from the State. So they do
not need to enter the agreement with us.
MR. HUSTACE: So it's still happening regardless?
MS. KALUA-LEWIS: Yeah. They have the authority, I believe. I can double-
check with Corp. (Corporation) Counsel, but because it is executive ordered to the
Waimea Civic Center, they do not need our permission to use the land.
MR. HUSTACE: But there's still four chargers being installed at the location as
far as you're aware?
MS. KALUA-LEWIS: Correct. According to HDOT, yes.
MR. HUSTACE: Okay, thanks for that clarification. Because it seemed, from
the amendment, of just being removed entirely and there was no real cause.
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Hawaii County Council-13 May 21,2025
MS. KALUA-LEWIS: Oh, okay, yeah. So, definitely, they're still going to put
the chargers there. They just don't have to enter into an agreement with the
County for the ability to use the land.
MR. HUSTACE: Okay, because the resolution doesn't speak to the EO, so that's
where I think that miscommunication might be. But that exists so that it's not
necessarily to have it on the list. It just blanketly removes the Waimea Civic
Center out of it. So that's why I would vote against it, but thank you for that
clarification on that.
MS. KALUA-LEWIS: No problem.
CHR. INABA: (Inaudible?)
MR. HUSTACE: I don't know.
CHR. INABA: All right, we'll do a roll call vote on the amendment,please.
Vote on Motion to The motion to amend Res. 142-25 with the contents of
Amend: Comm. 242.1 was carried by the following roll call vote:
(Approved)
Ayes: Council Members Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—8.
Noes: Council Member Hustace— 1.
Absent: None.
Excused: None.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council
Suspend Council Rule 23 to waive the holdover for the substantive
Rules: amendment of Res. 142-25. Seconded by Ms. Kierkiewizc
(Approved) and carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-13 May 21,2025
Vote on Res. 142-25: The motion to adopt Res. 142-25, as amended to Draft 2,
Draft 2 and Governmental Operations and External Affairs
(Adopted) Committee Report No. 42 was carried by the following
voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 145-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO ASSIST THE DEPARTMENT OF PARKS AND
RECREATION WITH EXPENSES RELATING TO THE HILO BAY BLAST
FIREWORKS DISPLAY AT HILO BAY TO CELEBRATE INDEPENDENCE
DAY ON JULY 4, 2025
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Parks and Recreation, Culture
and Education Other Current Expenses account.
Reference: Comm. 245
Intr. by: Council Member Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 145-25. Seconded
by Mr. Kaneali`i-Kleinfelder.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Parks and Rec. (Recreation)reached out
because they needed some additional support for their annual Hilo Bay Blast
Fireworks Display on the 4 h of July. This is something that I fondly remember
checking out as a youth, and so it's really heartwarming to be able to bring my
children to experience this. It's a very safe event. The pyrotechnic show the
fireworks show is handled by professionals. So this is a great opportunity for
community to come hang out with each other in Hilo Bay and enjoy the fireworks
display. So, looking for everyone's support, and if you have extra contingency,
I'm sure that P&R would be very supportive. Hint, hint, Council Member Onishi.
I yield.
CHR. INABA: Thank you, Council Member Kierkiewicz. Council Member
Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Very much in support. Love the event.
Thank you.
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Hawaii County Council-13 May 21,2025
CHR. INABA: Thank you. Council Member Kagiwada.
MS. KAGIWADA: Also supportive, especially I really do like the ability to have
the community together and have a safe fireworks display. I think the more we
can promote these activities on the east and west side, the better off we'll be, and
hopefully reduce some of the fireworks accidents and things that we've seen in
the past. So, very happy to support. Thank you.
CHR. INABA: Thank you. Vice Chair Onishi.
MR. ONISHL Thank you, Chair. Just a note that for the Hilo area, I think
community police will be using their e-bikes for patrol. So that will be awesome.
Thank you.
CHR. INABA: Thank you, Vice Chair Onishi. All those in favor of approving
Resolution 142-25, please say "aye."
Vote on Res. 145-25: The motion to adopt Res. 145-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 169-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PURCHASE METAL FOR TRASH BINS AT `ALAE
CEMETERY
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation, `Alae
Cemetery Other Current Expenses account.
Reference: Comm. 273
Intr. by: Council Member Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 169-25. Seconded by
Ms. Kagiwada.
CHR. INABA: Council Member Onishi.
MR. ONISHL Thanks, Chair. For the cemetery, they do have these sections
where they have some metal bins. But then I guess like Parks manager
Jason Mattos mentioned during budget hearing was that, I guess, when other
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Hawaii County Council-13 May 21,2025
places need these bins, they take it from `Alae Cemetery. And so now, when the
people with their old flowers and stuff, they just throw it within that cement
block. So now Parks and Rec., the guys that collect the rubbish, needs to scoop it
up. So now it takes more time.
So, with this funding, it will help purchase the bins that are missing at the
cemetery. So I ask for your support.
CHR. INABA: Thank you, Vice Chair Onishi. Mahalo to our Parks staff who
take care of that cemetery. My own kupuna are there. So I appreciate the work
that you folks do. All those in favor of approving Resolution 169-25, please say
Ic aye.
Vote on Res. 169-25: The motion to adopt Res. 169-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 170-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE FUNDING FOR FENCING ACCESSORIES
TO THE DEPARTMENT OF PARKS AND RECREATION
Transfers $10,000 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation, Parks
Maintenance Other Current Expenses account.
Reference: Comm. 274
Intr. by: Council Member Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 170-25. Seconded by
Ms. Kierkiewicz.
CHR. INABA: Vice Chair Onishi.
MR. ONISHL Thank you, Chair. This is to help Parks with providing more
funding to getting materials and supplies, because every district, you all know.
You folks have baseball parks, tennis courts or volleyball courts outdoors and
stuff, and basketball courts. So, with this funding, it will give them more
materials to help replace those broken fences or damaged fences. And I think it
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Hawaii County Council-13 May 21,2025
was mentioned, about something in Kohala or someplace in District 9, the fencing
was lifting up and so forth, right, at the baseball field, which is very dangerous.
So this will help provide more funding for their crew.
And just to let you folks know, if you didn't know, Parks did create a fencing
crew so that they can do it in-house. This was done back in 2010 or 2012. Sol
ask for your support.
CHR. INABA: Thank you. All those in favor of approving Resolution 170-25,
please say "aye."
Vote on Res. 170-25: The motion to adopt Res. 170-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 171-25: 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 THE
PALACE THEATER FOR THE 2025 EASTER EXTRAVAGANZA
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 275
Intr. by: Council Member Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 171-25. Seconded by
Mr. Hustace.
CHR. INABA: Vice Chair Onishi.
MR. ONISHL Thank you, Chair. Just asking for support. I heard it was an
awesome event with a lot of children attending this big Easter egg hunt. I
appreciate Gigi guys in helping and running this event. Thank you.
CHR. INABA: Mahalo. All those in favor,please say "aye."
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Hawaii County Council-13 May 21,2025
Vote on Res. 171-25: The motion to adopt Res. 171-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 172-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO LA`I`OPUA 2020 TO
PURCHASE EQUIPMENT FOR ITS COMMUNITY MALA PROJECTS
Transfers $6,230.35 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 276
Intr. by: Council Member Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 172-25. Seconded by
Mr. Onishi.
CHR. INABA: I'll be recusing myself from discussion and voting on this matter,
being that an immediate family member is an employee of this nonprofit. Council
Member Villegas.
MS. VILLEGAS: Just asking for my colleagues' support, and would like to
express gratitude for this mala project. The garden area is absolutely spectacular.
I had the opportunity to eat some of the fresh local produce grown there in a
recent meal. It's wonderful to see this activity, this space, and the perpetuation of
regenerative agricultural practices here on the west side. I yield.
CHR. INABA: Thank you. Any further discussion? Seeing none, all those in
favor please say "aye."
Vote on Res. 172-25: The motion to adopt Res. 172-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, and Villegas —8.
Noes: None.
Absent: None.
Excused: Council Chair Inaba— 1.
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Hawaii County Council-13 May 21,2025
Res. 173-25: 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
HALE MUA CULTURAL GROUP TO ASSIST WITH EXPENSES RELATED
TO THE KING KAMEHAMEHA DAY CELEBRATION PARADE AND
HO`OLAULE`A IN KAILUA-KONA
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 277
Intr. by: Council Member Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 173-25. Seconded by
Mr. Hustace.
CHR. INABA: Council Member Villegas.
MS. VILLEGAS: I just want to express my deep gratitude for the group that
continues to put together a King Kamehameha Day Parade in Kailua-Kona, and
the ho`olaule`a that follows afterwards. At a time when it becomes more and
more challenging to find volunteers and people committed to perpetuating the
parade traditions in our town. I'm deeply grateful for this organization and
community group, for this culturally relevant and historically significant parade
for Kailua Village. I yield.
CHR. INABA: Mahalo. All those in favor of approving Resolution 173-25,
please say "aye."
Vote on Res. 173-25: The motion to adopt Res. 173-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Page 23
Hawaii County Council-13 May 21,2025
Res. 174-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO EQUALITY HI TO SUPPORT
THE 13TH ANNUAL PRIDE PARADE AND FESTIVAL
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 278
Intr. by: Council Member Kagiwada
Motion to Approve: Ms. Kagiwada moved to adopt Res. 174-25. Seconded by
Mr. Hustace.
CHR. INABA: Council Member Kagiwada.
MS. KAGIWADA: Thank you. Just happy to support this organization. They
didn't have a parade last year. They decided to do a parade every other year. So
this is the chance if anybody wants to march in the parade or just attend the
festival. It will be on Saturday, June 28, the parade in Downtown Hilo and the
festival at the Mo`oheau Bandstand area. So hope to see you all out there
supporting our LGBTQIA+ community. Thank you. I yield.
CHR. INABA: Mahalo. All those in favor of approving Resolution 174-25,
please say "aye."
Vote on Res. 174-25: The motion to adopt Res. 174-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
Res. 175-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOPE SERVICES HAWAI`I,
INC., TO SUPPORT ITS YOUTH HOUSING UNITS
Transfers $3,558.25 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 279
Intr. by: Council Member Kagiwada
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Hawaii County Council-13 May 21,2025
Motion to Approve: Ms. Kagiwada moved to adopt Res. 175-25. Seconded by
Mr. Hustace.
CHR. INABA: Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. Just looking for your support. This
funding will be used to help get the furnishings needed for these apartments for
18-26 year old homeless youth who will now have a place to stay. It's a brand
new setup with many apartments. So they just need a little help getting some
things like beds and nightstands and things like that. So I was happy to be able to
help. Looking for your support. Thanks.
CHR. INABA: Thank you. All those in favor of approving Resolution 175-25,
please say "aye."
Vote on Res. 175-25: The motion to adopt Res. 175-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
Res. 176-25: 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 NEIGHBORHOOD
PLACE OF PUNA TO SUPPORT ITS ANCHOR POINT YOUTH CENTER
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 280
Intr. by: Council Member Kagiwada
Motion to Approve: Ms. Kagiwada moved to adopt Res. 176-25. Seconded by
Mr. Hustace.
CHR. INABA: Council Member Kagiwada.
MS. KAGIWADA: Just looking to support this new outreach center for homeless
youth on the east side of the island, a safe place where they can go. This will just
provide the ability to give them food, hygiene items, things like that. So just to
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Hawaii County Council-13 May 21,2025
try to connect with them and support them, and then hopefully get them to a place
where they would also accept housing services, things like that. So, looking for
your support. Thank you.
CHR. INABA: Thank you. Council Member Villegas.
MS. VILLEGAS: I, unfortunately, am not going to be able to support this
contingency relief fund allocation. I heard from numerous sources that
Neighborhood Place of Puna has had a mass exodus of staff and employees, and
potentially may not have the people necessary to continue the services that they
have already been funded to provide via our homeless and housing funds. As we
all know, they were already allocated I believe it was $400,000 in the last
allocation for this program. And so I don't think that more funds is going to help
at this point. Unfortunately, some changes need to be made in operations before I
think more taxpayer money should be allocated to this program.
No offense, Council Member Kagiwada. I recognize and value your heart and
your truest intentions to support especially our youth that are finding themselves
unhoused. But I won't be able to support this today. I yield.
CHR. INABA: Thank you, Council Member Villegas. Any further discussion?
Council Member Kagiwada.
MS. KAGIWADA: I'll just say we heard from two of the staff from Anchor
Point, giving testimony today that they could really use these funds just to provide
those essential supports for the youth that come in. So thank you.
CHR. INABA: Okay, I have a question regarding this. Is anybody able, maybe
from Housing, to answer whether this specific program was awarded funds in our
last—they were? Okay. Anchor Point was one of the programs that was
awarded. I have concerns, then, that there is potential double-dipping across our
different County grant programs. If we're not able to get that clear answer at this
time, Council Member Kagiwada, do you have any further information?
MS. KAGIWADA: Yeah. I'll just say that we did check that these items were
not at all covered by the Housing grant. The items that we are covering are
specific items, like food for the next month, hygiene products, things like that—
things that were not covered in the grant. We were very specific to work with
them on only items that were not covered.
CHR. INABA: All right. Without being able to compare the two side by side
right now, I cannot support it either. So we'll take a roll call vote.
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Hawaii County Council-13 May 21,2025
Vote on Res. 176-25: The motion to adopt Res. 176-25 was carried by the
(Adopted) following roll call vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kierkiewicz, and Onishi —5.
Noes: Council Members Kaneali`i-Kleinfelder,
Villegas, and Chair Inaba—3.
Absent: Council Member Kimball — 1.
Excused: None.
CHR. INABA: I just want to state for the record that as we head into further
refinement of our CRF (Contingency Relief Fund)processes, we can have more
confidence as a group checking against any concerns of double-dipping. So we'll
be implementing that with the new fiscal year. Thank you all for your
understanding and patience as we go to that new system.
Res. 177-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOMELESS TASK FORCE TO
ASSIST WITH EXPENSES FOR ITS HOMELESS OUTREACH AND
ENGAGEMENT PROJECT
Transfers $9,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 281
Intr. by: Council Member Inaba
Motion to Approve: Mr. Onishi moved to adopt Res. 177-25. Seconded by
Ms. Galimba.
CHR. INABA: Any discussion? I ask for my colleagues' support. This is
specifically for, again, hygiene kits, taxi rides, and making sure that unhoused
individuals in the West Hawaii region have support. So I ask for my colleagues'
support. All those in favor of approving Resolution 177-25, please say "aye."
Vote on Res. 177-25: The motion to adopt Res. 177-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
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Hawaii County Council-13 May 21,2025
Res. 178-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PAY FOR USE OF THE KONA TROLLEY FOR THE
WEST HAWAI`I COUNTY BAND DURING THE KING KAMEHAMEHA DAY
PARADE
Transfers $570 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Parks and Recreation, Hawaii
County Band Other Current Expenses account.
Reference: Comm. 282
Intr. by: Council Member Inaba
Motion to Approve: Mr. Onishi moved to adopt Res. 178-25. Seconded by
Mr. Kaneali`i-Kleinfelder.
CHR. INABA: This resolution is from my office. Perhaps the reason for the
updated memo from P&R about the amounts of our resolutions, but this
specifically pays for the trolley, as our West Hawaii County Band is having a
little bit more difficult time walking the whole length of the parade. So I ask for
my colleagues' support. And again, this parade, King Kamehameha Day, is
happening on June 7 this year. I ask for my colleagues' support. All those in
favor,please say "aye."
Vote on Res. 178-25: The motion to adopt Res. 178-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
Res. 184-25: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR EMPLOYMENT
CONTRACTS FOR THE OFFICE OF HOUSING AND COMMUNITY
DEVELOPMENT
Authorizes the Mayor to enter into two-year employment contracts for one program
oversight manager, one special program manager, and one program data manager to
implement and manage the Homelessness and Housing Programs.
Reference: Comm. 296
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Waived: FC
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Hawaii County Council-13 May 21,2025
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 184-25.
Seconded by Ms. Galimba.
CHR. INABA: Administrator Costa? This was waived from Committee. If you
could please give a background to the Council today.
(Note: At this time, Housing Administrator Kehaulani Costa came
forward to address the members of the Council.)
CHR. INABA: Actually, I'll give the floor to Council Member Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Ms. Costa, go ahead, please. Thank you.
MS. COSTA: Thank you. Administrator Costa, Office of Housing. This
resolution would allow us to enter into multi-year contracts for our Homeless and
Housing Fund program staff. Currently, they're on one-year contracts that we
renew, even though it's a five-year fund. So we're just—we have a couple of
contract employees that are on one-year contracts that are coming up for renewal,
and we'd like them to be able to stay on to finish out this five-year program.
MR. KANEALI`I-KLEINFELDER: Okay. And the funding is from the fund
itself.
MS. COSTA: Yes, from the fund itself.
MR. KANEALI`I-KLEINFELDER: Okay, perfect. Thank you, Administrator
Costa. I yield, Chair.
CHR. INABA: You got it, Council Member Kaneali`i-Kleinfelder. All those in
favor of approving Resolution 184-25, please say "aye."
Vote on Res. 184-25: The motion to adopt Res. 184-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
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Hawaii County Council-13 May 21,2025
Res. 186-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HALE MUA CULTURAL
GROUP TO ASSIST WITH EXPENSES FOR THE 2025 KING KAMEHAMEHA
DAY CELEBRATION PARADE AND HO`OLAULE`A
Transfers $8,553 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 288
Intr. by: Council Member Inaba
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 186-25.
Seconded by Ms. Galimba.
CHR. INABA: I ask for my colleagues' support. This is to the same group
Council Member Villegas supported for general costs associated with the pa`u
units, roaming marshalls, lua, and other expenses related to the King
Kamehameha Day Parade and celebration. I ask for your support. All those in
favor,please say "aye."
Vote on Res. 186-25: The motion to adopt Res. 186-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
BILL 44 The following individual registered to speak and came forward when called by
(COMM. 232): the Chair:
John McBride: Comment.
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Hawaii County Council-13 May 21,2025
Bill 44: AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-89, OF THE HAWAI`I
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
EXEMPTIONS FOR CERTAIN HAWAIIAN HOMES PROPERTY, AND
OTHER AGENCIES
Exempts the value of buildings on Hawaiian Home Lands homesteads from
property taxes and repeals references to outdated State law.
Reference: Comm. 232
Intr. by: Council Member Inaba and
Council Member Hustace
Approve: FC-46
Motion to Approve: Mr. Hustace moved to pass Bill 44 on first reading and
adopt Finance Committee Report No. 46. Seconded by
Ms. Galimba.
Relinquish Chair: At this time, Chair Inaba relinquished the chair to Acting
Chair Onishi.
ACTING CHR. ONISHL Chair Inaba.
MR. INABA: Thank you. Perhaps I'll let Council Member Hustace start us off
today. Council Member Hustace.
MR. HUSTACE: Thank you, Chair. Grateful to cosponsor this bill. As a Native
Hawaiian myself, I don't have the blood quantum to ever live on homestead land,
but honored to bring this forward to the benefits of our homestead community and
provide parity across the counties. And then, Council Members, you see
Communication 232.1 is still in your packet as a reference to what exists with the
other counties. And I'm grateful to LRB (Legislative Research Branch) for
bringing this information forward, kind of a nonbiased sort of policy assessment
on what exists in other counties. So the goal here is to bring parity with the other
counties and ultimately provide tax relief to our homesteading communities. So
I'll leave it at that for now. Chair, if you wanted to dive a little further into some
of the questions that may have popped up and other thoughts? Thank you.
MR. INABA: Thank you. Thank you, Vice Chair Onishi. There was a question
regarding sections of the Code that are being struck via this bill, specifically the
references to HRS (Hawai`i Revised Statutes) 239-3 and Chapter 234 as well.
These sections are being struck because they were repealed. So they are no
longer in existence in the Hawaii Revised Statutes. And there was also a
question brought up regarding the value of the land. This bill does not affect the
valuation of property. It simply expands the exemption to include any
improvements that are made upon any Hawaiian Homes homestead property. So
whether you have a vacant parcel or a parcel with a large home, the minimum tax
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Hawaii County Council-13 May 21,2025
of$200 would be applied. So I ask for our colleagues' continued support in this
matter, and thank Chair and Kali Watson of the Department of Hawaiian Home
Lands for his testimony today.
ACTING CHR. ONISHL Okay, any other discussion? Hearing or seeing none,
all those in favor of approving Bill 44 on first reading, say "aye."
Vote on Bill 44: The motion to pass Bill 44 on first reading and adopt
(Approved) Finance Committee Report No. 46 was carried by the
following voice vote:
Ayes: Council Members Galimba, Hustace, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Villegas, and Acting Chair Onishi —9.
Noes: None.
Absent: None.
Excused: None.
Relinquish Chair: At this time, Acting Chair Onishi relinquished the chair to
Chair Inaba.
Bill 45: AMENDS CHAPTER 14, ARTICLE 10, SECTION 14-65, OF THE HAWAI`I
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
DESIGNATED EXCEPTIONAL TREES
Amends the Tax Map Key and Location of the exceptional trees listing for the
"Chinese Weeping Banyan"to 2-2-29:08 Kilauea Avenue.
Reference: Comm. 234
Intr. by: Council Member Onishi
Approve: PCPLUED-2
Motion to Approve: Mr. Onishi moved to pass Bill 45 on first reading and adopt
Policy Committee on Planning, Land Use, and Economic
Development Committee Report No. 2. Seconded by
Ms. Galimba.
CHR. INABA: Vice Chair Onishi.
MR. ONISHL Just asking for support and just a clean house. Thank you.
CHR. INABA: Thank you. All those in favor, please say "aye."
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Hawaii County Council-13 May 21,2025
Vote on Bill 45: The motion to pass Bill 45 on first reading and adopt Policy
(Approved) Committee on Planning, Land Use, and Economic
Development Committee Report No. 2 was carried by the
following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Bill 46: AMENDS SECTION 25-8-30 (NA`ALEHU ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE ZONE MAP
CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL 10,000 SQUARE
FEET (RS-10) TO VILLAGE COMMERCIAL 10,000 SQUARE FEET (CV-10)
AT NA`ALEHU, KA`U, HAWAI`I, COVERED BY TAX MAP
KEY: 9-5-009:001 (POR.)
(Applicant: L.A. Services Inc.) (Area: approx. 6,920.3 square feet)
The Windward Planning Commission forwards its unfavorable recommendation
for this requested change of zone, which would allow the applicant to establish a
unified zoning designation for the entire property. The property is located at
95-5591 Mamalahoa Highway.
Reference: Comm. 235
Intr. by: Council Member Kimball (B/R)
Negative: LAAC-14 (Due to a vote of 9-noes)
Motion to Approve: Ms. Kimball moved to pass Bill 46 on first reading.
Seconded by Ms. Galimba.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: I'm not going to reiterate the conversation we had in Council
that resulted in the unfavorable recommendation. The Planning Department is
here for any follow-up questions.
CHR. INABA: Thank you. Any further discussion? All those in favor,please
say "aye."
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Hawaii County Council-13 May 21,2025
Vote on Bill 46: The motion to pass Bill 46 on first reading failed by the
Failed following roll call vote:
Ayes: None.
Noes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Absent: None.
Excused: None.
(Note: Due to the negative recommendation in Legislative
Approvals and Acquisitions Committee Report No. 14, the
report was adopted.)
Bill 47: AMENDS CHAPTER 6 OF THE HAWAI`I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO TRANSIENT
ACCOMMODATIONS
Adds a new article requiring most transient vacation rentals and hosting platforms
for transient vacation rentals to register with the County before operating; provides
for enforcement and penalties.
Reference: Comm. 236
Intr. by: Council Member Kimball and
Council Member Kierkiewicz
Approve: PCPLUED-3
and
Comm. 236.3: From Council Member Heather L. Kimball, dated May 6, 2025, transmitting
proposed amendments to Bill 47.
(Note: Comms. 236.52 and 236.53 from Council Member Heather L. Kimball
dated May 20, 2025, transmitting proposed amendments to Bill 47, were
circulated.)
Motion to Approve: Ms. Kimball moved to pass Bill 47 on first reading and
adopt Policy Committee on Planning, Land Use, and
Economic Development Committee Report No. 3.
Seconded by Ms. Galimba.
Relinquish Chair: At this time, Chair Inaba relinquished the chair to Acting
Chair Onishi.
ACTING CHR. ONISHL Ms. Kimball, go ahead.
Motion to Amend: Ms. Kimball moved to amend Bill 47 with the contents of
Comm. 236.52. Seconded by Ms. Kierkiewicz.
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Hawaii County Council-13 May 21,2025
ACTING CHR. ONISHL Okay, go ahead, Ms. Kimball.
MS. KIMBALL: Thank you. This amendment is in response to some additional
conversations that were alluded to with the hosting platforms in the south. The
way that the bill is drafted, the hosting platform compliance part would take effect
at the same time as the registration part. But we're going to need a little bit of a
delay to get everybody registered, and then for the hosting platforms to comply.
And so in order to accommodate that but not be specific, the hosting platform
compliance part will take effect upon notice from the Finance Director that
they're ready to begin that aspect of the compliance.
The second amendment, it was mentioned that the URL (Uniform Resource
Locator) is the best source of information regarding transient vacation rentals.
The nice thing is that these platforms archive them. So, even if there's a point
where we have something delisted, we'll still be able to get the information about
the transient vacation rental from that URL. Providing these four components
could make the consistent reporting for the platforms across the State, which is
going to be easier for them as far as implementation.
And then the last bit has to do with a notification process. What will happen
nominally is that if it is determined that a hosting platform isif there's a TAR
(transient accommodation rental) on a hosting platform that is not legally
registered, the hosting platform will be notified and then have 30 days to remove
that listing before they will be considered in violation of this rule. So it gives a
little buffer there for them to comply with the listing removal. So that's the
amendments in this particular communication. Thank you.
ACTING CHR. ONISHL Thank you.
Relinquish Chair: At this time, Acting Chair Onishi relinquished the chair to
Chair Inaba.
CHR. INABA: Further discussion on the amendment? Council Member
Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Just briefly. Thank you for submitting the
amendment, Council Member Kimball.
CHR. INABA: Any further discussion? Council Member Villegas.
MS. VILLEGAS: While I appreciate the intention to try and rectify the
challenges created by basically an overrun of TVRs (transient vacation rentals), I
won't be supporting this amendment. I have a lot of questions about the overall
piece of legislation because nothing exists yet in Chapter 25. And so we are
creating all these policies around something that doesn't exist yet. And I believe
it's putting the cart before the horse, also until we get the economic impact study
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Hawaii County Council-13 May 21,2025
overturned. So I can go ahead and go over my specific concerns when we get
back to the main motion, but I won't be supporting any amendments either as we
move forward.
CHR. INABA: Thank you. A roll call vote on the amendment.
Vote on Motion to The motion to amend Bill 47 with the contents of
Amend: Comm. 236.52 was carried by the following roll call vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, and Chair Inaba—8.
Noes: Council Member Villegas — 1.
Absent: None.
Excused: None.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: I have a second amendment. This is actually coming at the
request of the Mayor's office to amend the fine and give the Planning Department
a little flexibility to reduce that fine in certain circumstances. We want to have a
fairly strong hammer here to make sure people are registering, but I do understand
the need for some flexibility. So, instead of having a flat$10,000 fee, it's a
minimum of$1,000 and up to $10,000 depending on the situation.
Motion to Amend: Ms. Kimball moved to amend Bill 47 with the contents of
Comm. 236.53. Seconded by Ms. Kierkiewicz.
CHR. INABA: On the amendment, Vice Chair Onishi.
MR. ONISHL Thank you, Chair. I guess, Director Darrow, could you please
come up?
(Note: At this time, Planning Director Jeffrey Darrow came forward to
address the members of the Council.)
MR. ONISHI: Good morning.
MR. DARROW: Aloha, Chair, Vice Chair, and members of the Hawaii County
Council. Jeff Darrow with the Planning Department.
MR. ONISHL So will your department, or you will be determining what the
amount of the fine will be?
MR. DARROW: Correct.
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Hawaii County Council-13 May 21,2025
MR. ONISHL How will you determine the amount of the situation?
MR. DARROW: Typically, now we have a fine schedule in place. My thinking
at this time, being that there will be flexibility in the fine amounts, we would need
to do the same thing in Chapter 25 for TVRs where we have a fine schedule in
place. And normally, what that entails is first offense is so much, second offense
is so much, and it increases as similar violations increase.
MR. ONISHL So is that a house rule or policy that you folks set up, or is it a
certain ?
MR. DARROW: No. Hopefully, it will be in the upcoming revision to
Chapter 25 that's proposed to come after this bill.
MR. ONISHL Oh, okay. I'm wondering if it should be put in this right now.
MR. DARROW: It could be but it might be because Chapter 25 will house
basically the overall process as far as how Planning is going to enforce TVRs, it
might be better to have it in there and then reference Bill 47 or whatever
section
MR. ONISHL Within Chapter 25.
MR. DARROW: Yeah. Well, it will be in Chapter 6, but we can reference that in
our update that happens.
MR. ONISHL Because, basically, this bill in front of us is about registration,
getting everybody into compliance, correct?
MR. DARROW: Right.
MR. ONISHL So wouldn't it be, or make more sense if we had that written in
here so that people would know?
MR. DARROW: It could. But again, right now there's no—all there is is a fine
amount, right. There's no enforcement process. The enforcement process for
Planning is in Chapter 25, yeah.
MR. ONISHL It could be confusing for the public, right? And maybe that's why
we're getting some testimony about how they're against it.
MR. DARROW: Well, this is very unique in the sense that registration is coming
under Chapter 6, mainly under Finance, but Planning is very involved. But we
also really need to have that update in Chapter 25 to get the full picture on
everything.
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Hawaii County Council-13 May 21,2025
MR. ONISHL Okay. But so on your recommendations, how could we make it
much more simple so the public could understand?
MR. DARROW: Again, I think we're looking at the first part. It'll be clearer
with the second part in place. But the message has been this is the process right
now. We're going through the first part once we finish that economic study.
Because, there's a lot more that needs to be done, and I'm sure Council Member
Kimball can speak to it. But it's not just passing this bill. There's other processes
that has to be put in place for this to start working. And during that time frame,
there's going to be work being done on the economic study, to finish that up, as
well as Chapter 25.
MR. ONISHL Okay. Since you brought that up—maybe I should just wait for
the main motion. But yeah, thank you for clarifying.
MR. DARROW: Thank you.
MR. ONISHL And I think we've just got to educate the public better. Right?
MR. DARROW: Sure.
MR. ONISHI: Thank you.
CHR. INABA: Thank you, Vice Chair Onishi. On the amendment, Council
Member Villegas.
MS. VILLEGAS: Director Darrow?
MR. DARROW: Aloha.
MS. VILLEGAS: Aloha. Thanks for allowing me not to be there today. I'm not
feeling well. I don't want to bring this stuff to that room with everybody. Would
you say,just in layman's terms, that this is putting the cart before the horse?
MR. DARROW: It's not a planning term we use. But I think, as mentioned by
Vice Chair Onishi, it's the first part of a two-part process. It could be done
differently. Obviously, it could be done where they both come through together.
But the maker of the bill decided to go Part 1 and then Part 2. So we're just doing
the best we can as we go through it.
MS. VILLEGAS: So, in your personal and professional opinion, do you think it's
wise to make this Part 1 and then Chapter 25 Part 2? Or would it be wiser to do
Chapter 25 and then this bill?
CHR. INABA: Council Member Villegas, I just want to remind you we're on the
amendment right now, 236.53.
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Hawaii County Council-13 May 21,2025
MS. VILLEGAS: Okay, I'll yield at this time.
CHR. INABA: Okay, thank you. On the amendment, all those in favor please
say "aye."
Vote on Motion to The motion to amend Bill 47 with the contents of
Amend: Comm. 236.53 was carried by the following roll call vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, and Chair Inaba—8.
Noes: Council Member Villegas — 1.
Absent: None.
Excused: None.
CHR. INABA: Council Member Villegas, you can continue.
MS. VILLEGAS: I just want to put this out to this body, some reasons why
Bill 47 should be deferred until the short-term vacation rental study needs to be
completed so the data and information and what it finds are available. Chapter 25
needs to be amended to establish TVR rentals, land use, and zoning standards.
Right now, it's important to point out that Chapter 6 addresses business practices.
It does not address land use policies. Bill 47 lays out processes for registration,
enforcement, and annual renewal processes for individual businesses operating
STVRs, and defines the TVRs. Since legal policies for unhosted STVRs had
previously been adopted, the primary purpose of Bill 47 appears to be an attempt
to address hosted vacation rentals as defined. However, as previously pointed
out, Chapter 6 addresses business practices for an individual business operation.
It does not address land use policies.
Our Council is being asked to move forward Bill 47 that would amend Chapter 6
of the Hawaii County Code by adding a new section titled "Transient Vacation
Rentals." But this new use needs to be incorporated into Chapter 25, which
addresses the County of Hawaii land use zoning requirements. Since TVRs have
not been defined in Chapter 25 of the Hawaii County Code, basic requirements
have not been addressed, as in which state and county districts would these uses
be permitted. Will there be limited space on the total number of permits issued
for the operations of TVRs? What will be the permitting or approval process?
How many guests will be permitted in each room? What will the maximum
number of guests at any one time? What total percentage of residence can be
used for transient uses? Can a primary residence be rented for transients with the
host utilizing a secondary shelter? There are a number of questions.
In conclusion, and why I would ask the author to defer this is that further
consideration of Bill 47 should be deferred until the TVR study is completed so
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Hawaii County Council-13 May 21,2025
that the data and information it finds are available for consideration by the
community. And Chapter 25 needs to be amended to establish TVR rentals' land
use standards.
I have conferred with a number of professional land use planners who have been
actively involved and who I might note are voraciously opposed to TVRs. So this
isn't with any intent to stop regulation of those businesses, but it is a dire request
for us to follow due process and not put the cart before the horse, potentially
opening ourselves up to more chaos and confusion, and further muddying the
water when it comes to our land use policies and where TVRs are allowed to
operate. That's my humble request of my Council Members and of the author of
this legislation to please slow down, follow due process, and that we do the one
before the two in the more wise sequence of events, regardless of intent to try and
get this taken care of as soon as possible. With that, I yield.
CHR. INABA: Thank you, Council Member Villegas. Coming back to Hilo,
Vice Chair Onishi.
MR. ONISHL Thank you, Chair. I guess this question would be to Ms. Kimball.
So, when you did that presentation, the first time in Kona, you had those charts.
And then what my understanding was, we needed to pass the first reading. And
then from there, they would go and get the study moving forward.
MS. KIMBALL: (Inaudible.)
MR. ONISHL Yeah and I'm asking, because then you had those charts, and then
you said, okay, after this going get this and then going get that and whatever.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: We have the study that was initiated by the resolution. But
speaking with the vendor—and Council Member Kierkiewicz can add to this, too,
because she's had more direct contact with them having the registration process
and having that data will actually better inform our ability to do the Chapter 25
update. So what you're remembering is our plan is 47 first, get the registration,
then we get an official count and location of things that's paired with the financial
impact study, and then we introduce the land use change. But we need the
information from the registration process to make the determination about what to
do with Chapter 25. So that's what you're thinking of would come next.
MR. ONISHL Do you want to add anything today? Ms. Kierkiewicz.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Sure. We are expecting a draft analysis from the vendor
by the end of this month, or early June at the latest. In conversations with them
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Hawaii County Council-13 May 21,2025
and understanding the number of folks that participated, hundreds have
participated, both residents and operators. It became abundantly clear that I
think in order to answer the question about land use and where TVRs are
permitted, and if we do visitor destination areas, we need a really accurate
assessment of who is operating and how and where before we make any other
policy decisions, including regulations. So that's why we've had to be very fluid
throughout this process. This bill is necessary to complement the study that is
being prepared by Hunden Partners. I hope that answers your question.
MR. ONISHL Yeah. But then, so now we pass this. Say the study is different to
what we pass. Because, unless you folks are anticipating that the study is going to
be what is being proposed today. Because you said the study is not finished yet.
Correct?
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: I just want to make abundantly clear that the study is an
economic impact analysis. This bill is about registering vacation rentals. Two
completely different topics. The study will help to inform any future policy and
regulation
MR. ONISHL In Chapter 25.
MS. KIERKIEWICZ: In Chapter 25, correct, but it has no bearing on
registration. The study will not influence whether or not folks need to register.
The bottom line is folks register.
MR. ONISHL Okay. See, that's where there's confusion, too, even for me. I
thought, with the presentation that you did, that study was part of all this. But it's
all separate components, right. So that's why I think we need to be more clear to
the public, because if I couldn't understand until asking questions now, can you
imagine the public. They're confused out there. And that's why I think we're
getting these testimonies about people so upset, right, because they don't
understand.
And to me, I support the registration because you want to get the illegal guys
legal. Because, then for the legal people, or entities, it's not fair for them to
compete against illegal TVRs and so forth, right. So I can see that. And so I just
wanted to kind of clarify. I guess we need to explain more because then I know
these bills have been going on for a long time. And there was a previous one that
went up to Draft 5 and then they killed it or whatever you guys did with that,
right. And now, it's coming back again, and people are going "Why are you
bringing it back?" and so forth.
I think educating the public is a needed resource, or somehow working with
Planning to help do that. But yeah, that's my thought. Thank you.
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Hawaii County Council-13 May 21,2025
CHR. INABA: Thank you. Council Member Kimball.
MS. KIMBALL: I just—your point is well made. It is confusing primarily
because 121 was so massive, and so people have a lot of what was in there in their
mind. We've really tailored it back to just registration, super simple, no land use
changes. I will just, since we have the public watching, we have the website that
has a webinar that Ashley and I did about the bill that I think is even more
expansive than the presentation I got. And I did a podcast with an Al tool, which
is pretty wild. I encourage you to listen to it. We wanted to be able to work with
people that learn in different ways, but agreed. I mean, we're having to continue
to message about this. And the more we talk about it in these hearings and kind
of clarify things, I think that improves the situation as well. Thank you.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Director Darrow, there was a
constituent who was here earlier. He's come before this body regarding Bill 21.
We had talked about VDAs (vacation destination areas) and contiguous lots being
looked at as sort of one building site.
The concern is by registering, we are giving the County an opening to enforce
certain laws and violations. But I just want to make very clear that the intent of
the Planning Department is not to make visits to every single person that is
registering through this process. But your department will continue to function in
a complaint-driven manner. Is that correct? I just want to assuage any concerns
about that, that you're going to be using this information and somehow
weaponizing it against the community, and that's not what is happening here.
MR. DARROW: Jeff Darrow with the Planning Department. Thank you for the
question, Council Member. The intent for Planning has always been to seek
compliance, not to be a hammer or use enforcement as a means of punishment. I
mean, all the time when we get a complaint, our goal is to see what we can do to
resolve the complaint, not"Oh, we've got a complaint issue,"try to get fines or
whatever—all the time. Even with fines, we give breaks on fines as long as the
person that's being complained about is working with us to resolve.
In this particular case with short-term vacation rentals, or now TVRs, there's a
difference regarding enforcement. And I agree, our Code says that we cannot
take anonymous complaints, that we need a complaint to be able to go out. There
are times, though, that Planning sees something egregious that we've really got to
do something. This is health and safety. We've got to do something to stop
what's going on.
But for STVRs and TVRs, the way the language is in the Code right now is it's
more based on advertising as almost like a prima facie evidence. But again, we
don't necessarily go and look for it, right. If we get a complaint, that's a means
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Hawaii County Council-13 May 21,2025
that we can utilize to verify a complaint that's valid, right. We don't just go
search the internet and find everybody, although we could. But we don't do that,
right. We're trying to operate systematically in the same across the board, that we
receive a complaint because obviously this is affecting somebody.
But with that being said, there is a lot of concern about this process that's going to
be happening now. Planning will be working together with the Council to be able
to make sure that we get through Bill 47, get through Bill 25, however we do it,
and be able to make it so that everything is complete and clear before we really
start focusing on any type of enforcement for that.
The main goal, like you said, is let's get people registered. Once they register,
we're not going to be going "Oh, let's look at each of these." But there will be a
process to register to make sure that they meet certain standards. And if they
meet that, then they are able to register. That has really nothing to do with
Planning because it will be in Bill 47.
MS. KIERKIEWICZ: Thank you, Director. And again, the key piece here is you
are not proactively going out to look for violations. This continues to be a
complaint-driven process. And I think the reality is, too, the market really
regulates itself. If folks that are staying at different vacation rentals do not have a
positive experience, that's reflected in the reviews and hosts make adjustments to
their operations and accommodations accordingly. So I appreciate you clarifying
and providing that for the record. I yield.
CHR. INABA: Any further discussion? Okay. I wasn't able to share some of my
thoughts at the Committee hearing. And I think there were some concerns
regarding the definitions, specifically the booking services and its interplay with
the hosting platform definition. In terms of the definition for unhosted, which
states, "`Un-hosted' refers to a TVR located on a property on which a host does
not reside while the TVR is rented,"wondering if can get some insight on the
necessity for that last part"while the TVR is rented." I'm not understanding why
it wouldn't be a blanket statement, period; they just don't reside on that property.
To either of the makers.
MS. KIMBALL: If I may? I think you have to look at hosted and unhosted
together. And so one can be the host on a property and not be there, and then it
becomes unhosted, right. And so that's why they have to be present, not only as a
resident, but actually during operations. Then otherwise it's considered an
unhosted rental. And this is actually one of the complaints that we see a lot, is
people advertising it's hosted, but then when the folks come and stay, they're not
actually physically on the site while it's being rented. And so they would
technically be operating as unhosted.
CHR. INABA: In my reading of it, hosted refers to a TVR located on a property
that is the principle home of a host. And if you're reading it together, unhosted in
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Hawaii County Council-13 May 21,2025
my mind would be where the host doesn't have a principle home. Because if
they're not there temporarily—so for three hours of the person's rental they're not
there, it's considered unhosted at the timeI don't think that's a smart way to
define unhosted. So that's a concern of mine.
In Section 6-42, I have concern here with rulemaking authority to both the
Finance and Planning Director. It seems like a Planning matter; Planning's going
to be the one enforcing the fines, it seems like, that we've discussed earlier the
1,000 to 10,000. I'm not sure if Finance has a thought on it, but personally I
don't—I'm not going to ask you to come up, Director Nakagawa. I just think it
should be with one department, because we don't want to see conflicting
administrative rules from two different departments if things don't track along
simultaneously.
So, with the bill as currently drafted, I have concerns. I can't support today. I do
support the intention of what we're trying to do here. I just—things need to be
further ironed out to completely make sense for me. So, with that, we'll take a
roll call vote on Bill 47 at first reading.
Vote on Bill 47: The motion to pass Bill 47, as amended to Draft 2, on first
Draft 2 reading and adopt Policy Committee on Planning, Land
(Approved) Use, and Economic Development Committee Report No. 3
was carried by the following roll call vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz,
and Kimball —6.
Noes: Council Members Onishi, Villegas,
and Chair Inaba—3.
Absent: None.
Excused: None.
Bill 48: 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 —Federal Transit Administration
Section 5304 Formula account($270,000); and appropriates the same to the Federal
Transit Administration Section 5304 Formula account, to be used for the planning
of the Pahoa Transit Hub.
Reference: Comm. 237
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-47
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Hawaii County Council-13 May 21,2025
Vote on Bill 48: Mr. Kaneali`i-Kleinfelder moved to pass Bill 48 on first
(Approved) reading and adopt Finance Committee Report No. 47.
Seconded by Ms. Galimba and carried by the following
voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Bill 49: 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 —2025 Pathways to Removing
Obstacles Housing account($1,500,000); and appropriates the same to the
2025 Pathways to Removing Obstacles Housing account, to be used for the
development of the Kukuiola Permanent Supportive Housing Project in Kailua-
Kona.
Reference: Comm. 238
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-48
Vote on Bill 49: Mr. Kaneali`i-Kleinfelder moved to pass Bill 49 on first
(Approved) reading and adopt Finance Committee Report No. 48.
Seconded by Ms. Galimba and carried by the following
voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-13 May 21,2025
Bill 50: AMENDS CHAPTER 19, ARTICLE 11, SECTION 19-90, OF THE HAWAI`I
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL
PROPERTY TAXES
Changes the required appropriation of residential tier two property tax revenue for
housing and homelessness from a fixed proportion of 75 percent to a fixed amount
of$9,000,000.
Reference: Comm. 241
Intr. by: Council Member Kagiwada and
Council Member Inaba
Approve: FC-49
(Note: Comm. 241.1, from Council Member Jenn Kagiwada dated May 14, 2025,
transmitting proposed amendments to Bill 50, was circulated.)
Motion to Approve: Ms. Kagiwada moved to pass Bill 50 on first reading and
adopt Finance Committee Report No. 49. Seconded by
Ms. Galimba.
CHR. INABA: Council Member Kagiwada.
MS. KAGIWADA: Thank you. I have an amendment based on our last
discussion.
Motion to Amend: Ms. Kagiwada moved to amend Bill 50 with the contents of
Comm. 241.1. Seconded by Ms. Galimba.
CHR. INABA: Council Member Kagiwada.
MS. KAGIWADA: Thank you. This is kind of a minor adjustment, but it was
suggested, I believe, by Council Member Kimball that just in case we were to go
below 9 million for this section of revenue, we wanted to put in there "no less
than 9 million of the revenue collected annually pursuant to the subsection, or
whenever less than 9 million is collected, all such revenue." So basically that we
would not be committing ourselves to the 9 million if we did not have it that year.
I yield.
CHR. INABA: Thank you, Council Member Kagiwada. Any further discussion
on the amendment? Seeing none, all those in favor please say "aye."
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Hawaii County Council-13 May 21,2025
Vote on Motion to The motion to amend Bill 50 with the contents of
Amend: Comm. 241.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Vote on Bill 50: The motion to pass Bill 50, as amended to Draft 2, on first
Draft 2 reading and adopt Finance Committee Report No. 49 was
(Approved) carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Bill 56: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR
ENDING JUNE 30, 2025
Increases revenues in the Federal Grants —Justice Assistance Grant-Special
Response Team Capability Enhancement Grant account($78,671); and appropriates
the same to the Justice Assistance Grant-Special Response Team Capability
Enhancement Grant account, for a total appropriation of$129,028. Funds would be
used by the Police Department for training, travel, and specialized gear and
equipment.
Reference: Comm. 294
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Waived: FC
Vote on Bill 56: Mr. Kaneali`i-Kleinfelder moved to pass Bill 56 on first
(Approved) reading. Seconded by Ms. Galimba and carried by the
following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Page 47
Hawaii County Council-13 May 21,2025
Bill 57: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR
ENDING JUNE 30, 2025
Increases revenues in the Federal Grants —High Intensity Impact Grant account
($22,600); and appropriates the same to the High Intensity Impact Grant account,
for a total appropriation of$690,877.96. Funds would be used by the Police
Department for overtime, travel, training, services, and equipment to investigate
drug-related cases.
Reference: Comm. 295
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 57 on first
reading. Seconded by Ms. Galimba.
CHR. INABA: Any discussion? Seeing none, all those in favor
MS. VILLEGAS: Chair?
CHR. INABA: Council Member Villegas.
MS. VILLEGAS: I just wanted to give a quick shout-out to Captain Edwin
Buyten for all of his exemplary work in stopping drug trafficking, and commend
him and his department on their incredible successes, and excited and grateful for
the opportunity to support the allocation of these funds for their continued
amazing work in our County. I yield.
CHR. INABA: Thank you. All those in favor, please say "aye."
Vote on Bill 57: The motion to pass Bill 57 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Relinquish Chair: At this time, Chair Inaba relinquished the chair to Acting
Chair Onishi.
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Hawaii County Council-13 May 21,2025
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
THE DAY the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
Bill 39: AMENDS CHAPTER 19, ARTICLE 1, SECTION 19-2, AND ARTICLE 7,
(Draft 2) SECTION 19-53, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO THE AFFORDABLE RENTAL HOUSING REAL
PROPERTY TAX CLASSIFICATION
Repeals the definition of"affordable rental housing," amends the definition of
"affordable rental rate," and amends subsection (h) Eligibility for affordable rental
housing class.
Reference: Comm. 206.2
Intr. by: Council Member Inaba
First Reading: May 7, 2025
(Note: The following communications dated May 21, 2025, relating to Bill 39,
Draft 2, were circulated:
1) Comm. 206.4 from Council Member Jenn Kagiwada transmitting proposed
amendments;
2) Comm. 206.5 from Council Member Jenn Kagiwada transmitting a rent
comparison table; and
3) Comm. 206.6 from Council Member Michelle M. Galimba transmitting
proposed amendments.)
Motion to Approve: Mr. Inaba moved to pass Bill 39, Draft 2, on second and
final reading. Seconded by Ms. Kagiwada.
ACTING CHR. ONISHL Mr. Chair.
MR. INABA: Thank you, Council Member Onishi. I ask for my colleagues'
continued support. Again this bill, for the public's knowledge, expands those
who can be in the Real Property Tax Affordable Rental Program to include those
who are accepting Section 8 vouchers, and also standardizes an 80 percent area
median income across the island, something that is fair, published by Hawaii
Housing Finance and Development Corporation each year. And ultimately we
want to provide benefit to property owners who are renting at affordable rates
here in our County. So I ask for my colleagues' continued support as the bill is
currently drafted. Thank you.
ACTING CHR. ONISHL Ms. Kagiwada.
Motion to Amend: Ms. Kagiwada moved to amend Bill 39, Draft 2, with the
contents of Comm. 206.4. Seconded by Ms. Galimba.
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Hawaii County Council-13 May 21,2025
ACTING CHR. ONISHL Go ahead.
MS. KAGIWADA: Thank you. I'm not really sure how to do this, because I
noticed that Council Member Galimba also has a similar but not the same
proposed amendment. So I don't know if we can discuss them together, or if we
need to take them one by one. How do you want to do it, Chair?
ACTING CHR. ONISHL Mr. Clerk?
MR. HENRICKS: It's up to the Council's decision how to handle these types of
matters.
ACTING CHR. ONISHL Okay. We'll go one by one.
MS. KAGIWADA: Okay. So this amendment is just based on what we talked
about before, which is just—well, I can really see the benefit of increasing the
payment amounts. Well, first of all, I absolutely support trying to make this
simpler, and also bringing Section 8 under the same criteria for payment. So yes
on that.
But I definitely had some concerns about looking at the high-cost zip code areas
on the west side in the same light as those in Ocean View (inaudible), Puna, Hilo.
And so even the current way that things are done, I believe there's—we have the
differential. So I also want to, in order to talk about this,just introduce
Communication No. 206.5. This is the information provided by Council Member
Inaba's office earlier with just the addition of the 70 percent AMI(Area Median
Income)put in there. Because what I am proposing is that the high cost
communities, zip codes, would be at that 80 percent AMI as proposed by this bill.
But the other zip codes that are not at such a high cost would be at the 70 percent
AMI instead of the 80 percent AMI, which brings them closer to where they're at
right now without having a big jump opened up in how much people would have
to pay for those same rentals.
So, if you look at the rent comparison, currently we have two sets of payment
standards. We have one for those high-end zip codes, the current 75 percent of
payment standards. And so we kept those same zip codes in this amendment, and
just say that all those that are doing the 75 percent standard that is the higher one
would be 80 percent. And all other zip codes would go to 70 percent, which is
just slightly less but is a little more in line with what they're currently paying,
instead of having big jumps. I hope I explained that correctly. Happy to answer
any questions people may have.
MR. HENRICKS: Vice Chair Onishi, I just wanted to verify before any further
deliberation that Council would need to choose either one of these amendments or
neither. They do not work together. So I want to verify that. Thank you.
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Hawaii County Council-13 May 21,2025
ACTING CHR. ONISHL Yeah. (Inaudible) mention that. We're on
Communication 206.4.
MR. HENRICKS: Correct.
ACTING CHR. ONISHL That's on the floor right now. Any more discussion?
Chair Inaba.
MR. INABA: Thank you. I would like to call on Housing and—or perhaps Real
Property Tax Assistant Administrator Keita Jo. From my perspective, I know
Housing has selected these zip codes via the current payment standard method.
And that's what Council Member Kagiwada has pulled over to create the
80 percent, in line with the current reading. But for the second portion where
there's an average of the most recent, between 60 and 80, I'm wondering how
Real Property Tax would interpret that and how that would be used to try and
inform the public of what the actual rental limits would be for the program.
(Note: At this time, Assistant Real Property Tax Administrator Keita Jo,
Finance Department, came forward to address the members of the
Council.)
MR. JO: Keita Jo, Assistant Administrator for Real Property Tax Division. As
we would interpret the amendments, we would take the 80 percent of median and
60 percent of median provided by Hawaii Housing Finance and Development
Corporation, and then we would take the average of the two to essentially get to
70 percent. And so that would be communicated through an updated application,
which would come out probably closer to July. So, right now, applications are
being issued October through December. So that gives a really short window. So
this increases that window by going to the HHFDC (Hawai`i Housing Finance
and Development Corporation)rates.
MR. INABA: Thank you. Okay, mahalo for that response. I won't be in support
of this amendment. I appreciate bringing it forward as it does provide a method
for us to discuss it with the specific zip codes of the current program. I don't
think we have the information required to make that decision to say for certain
that only those zip codes would be 80, and everyone else would be at 70.
Furthermore, Real Property Tax would need to go and create numbers based on
HHFDC's numbers. It isn't readily available, as published by HHFDC, the
70 percent AML So I ask for my colleagues not to support this amendment and
continue supporting the bill as drafted, via Draft 2. Thank you.
ACTING CHR. ONISHL Okay. Any other members? Mr. Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Administrator?
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Hawaii County Council-13 May 21,2025
(Note: At this time, Housing Administrator Kehaulani Costa came
forward to address the members of the Council.)
MR. KANEALI`I-KLEINFELDER: Please introduce yourself.
MS. COSTA: Administrator Costa.
MR. KANEALI`I-KLEINFELDER: Thank you. Did you look at the amendment
that was brought forward?
MS. COSTA: I did, yes.
MR. KANEALI`I-KLEINFELDER: Okay. What do you think?
MS. COSTA: Can you be more specific with your question?
MR. KANEALI`I-KLEINFELDER: What do you think of the call out for the zip
codes and the zip codes provided?
MS. COSTA: It's currently what we use for Section 8 to create exception
payment areas for higher rent areas.
MR. KANEALI`I-KLEINFELDER: Okay. And the effect with this included in
the bill versus what the bill is now?
MS. COSTA: So the effect for Section 8 is that we are able to issue a higher
payment standard for Section 8 landlords in those exception payment areas,
because rents are a little higher. So we can get a little closer to market, not really,
but a little bit closer to market in those exception areas for Section 8 participating
landlords.
MR. KANEALI`I-KLEINFELDER: Okay. And these zip codes that are included
now, these are the areas where we see higher rents already. So, allowing for the
department to subsidize at a higher cost for the higher rental areas.
MS. COSTA: Those areas, yes.
MR. KANEALI`I-KLEINFELDER: Okay. And then for the No. 2 section,
everything elseI'm looking at this rental guidelines for 60 percent and for
80 percent of the AML My brain is trying to wrap my head around what that
means if we're calling out two different—
MS. KAGIWADA: Chair, I can answer that if
MR. KANEALI`I-KLEINFELDER: Yes,please.
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Hawaii County Council-13 May 21,2025
ACTING CHR. ONISHL Go ahead, Ms. Kagiwada.
MS. KAGIWADA: Okay, thank you. Since the numbers are not provided by the
organization, it just means that you're going to take the 70 percent, the average of
the two to get to 70 percent. Because they don't give every they don't give 10,
20, 30, 40, 50, 60. They only give 60, 80, and 100 annually.
MR. KANEALI`I-KLEINFELDER: Oh, I got you. Got it.
MS. KAGIWADA: So it's just saying that you're going to do that very simple
calculation, which RPT (Real Property Tax) said no problem, you can ask them,
but yeah, to get to the 70 percent, which seemed more in line with what's already
available.
MR. KANEALI`I-KLEINFELDER: Okay. Interesting way of going about it, but
I understand that. Okay. Real Property, is your department able to take this on in
a manner that's efficient?
MR. JO: As mentioned earlier, based on the amendment, RPT would be able to
utilize existing numbers to calculate on an annual basis that 70 percent more or
less.
MR. KANEALI`I-KLEINFELDER: So nobody's going to quit tomorrow if this
amendment were to pass?
MR. JO: No.
MR. KANEALI`I-KLEINFELDER: Okay. We heard that in the past. It's a
scary thing to make changes and everybody freak out. Okay. I like the
amendment because we spoke to this means of allowing for a little bit more
selective subsidization from Housing for rental areas that we want to see grow,
and not trying to affect the market in areas that are proliferated with rentals
already. I'm thinking back two weeks. A lot has happened between there and
here. Am I missing anything? Administrator, this is kind of in the direction that
we were speaking to? I feel like you're being hesitant, I'm just saying.
MS. COSTA: This amendment does create the exception areas. So it does allow
for you to—Real Property Tax to create rental rates in an exception area versus all
of the other zip codes on the island. The exception area is set by Section 8. So
questioning that moving forward, because we set the—Section 8 sets the
exception areas, and there's a methodology for how we set the exception areas.
Just curious how that would be moving forward.
Just in particular as to why I'm hesitant is because what I'm challenged with, in
my mind, is that the AMI chart addresses rental—what an individual or a family
should be paying in rent if they are at 80 percent or below AMI income earned.
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Hawaii County Council-13 May 21,2025
So I just have a just philosophically, I have a particular challenge with saying
that 80 percent, if you're 80 percent and below is typically what we consider low
income. Eighty percent is usually around our ALICE (Asset Limited, Income
Constrained, Employed)population, right. So 80 percent and below is typically
what we consider to be low income.
So we're using an AMI in this particular amendment to set fair market rents. I
just philosophically have an issue with saying that somebody's at 70 percent. In
all these other zip codes, if you're 70 percent AMI, you're considered low
income. But in the higher rental areas, 80 percent and below. So we're using an
AMI to calculate rent. So anyway, that's just philosophically what I'm having a
harder time with. But it's all right.
MR. JO: Can I comment on the zip codes?
MR. KANEALI`I-KLEINFELDER: Yes, go ahead, please.
MR. JO: As I'm sitting here, I think there's a concern that those zip codes might
be fluid because Housing sets them. And I don't know if it's Housing's process
that sets them on an annual basis. So, if it's being fixed here, is the market going
to change? The question I'm asking myself is, is the market going to change in
future years that now we need to include or exclude some of these zip codes.
That would be a concern, as I'm sitting here thinking out loud.
MR. KANEALI`I-KLEINFELDER: Okay. So without a yearly review or some
process built into this, we may negatively affect what we're wanting to do, and
then we just don't know.
MR. JO: We don't. And the alternative would be to set it across the board as one
rate.
MR. KANEALI`I-KLEINFELDER: Interesting. Okay, Administrator, your
concern lies more on the use of the (inaudible)
MS. VILLEGAS: Excuse me, Mr. Kaneali`i-Kleinfelder, can you snuggle up to
your microphone a little bit?
MR. KANEALI`I-KLEINFELDER: I hate having this thing in my mouth. Thank
you. Administrator, you're saying that the AMI is the concerning part. The use
of the word or the terminology AMI, or just the philosophical basis of using AMI
as a guideline?
MS. COSTA: Yeah, it's just the way my brain is trained. Eighty percent and
below AMI is low income. Right? So, if you're serving 80 percent and below
AMI, you are addressing affordable, people who are in an affordable housing
category. So just to kind of take that and go 70 percent of AMI is how we're
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Hawaii County Council-13 May 21,2025
setting the rents. It's apples and oranges in my brain, that's all. But I know what
Council Member Kagiwada is doing, is really trying to get the rent rates closer to
the fair market rates. We're just using this tool. If you're just using the AMI
chart, the 80 percent AMIif you're just using the AMI chart and you're hitting
80 percent AMI, you're just basically saying across the island, if the landlord is
charging 80 percent rent or below, they are addressing, based on that chart,
individuals and families that are earning 80 percent and below income. It's
simplified.
MR. KANEALI`I-KLEINFELDER: Whereas, if we went with the original
language of the bill, which is what we're amending with this amendment, it would
be, in the case of a two-bedroom home, instead of 75 percent of a payment
standard at$1,700 a month, 80 percent AMI would land us at$4 shy of$2,000 a
month. With Ms. Kagiwada's amendment, we'd be landing at$1,746 a month.
So landing us in that right zone of equity as we apply the standard and the AMIs
to land us in the right zone for the rental market. It's creative and it lands us in
that sweet spot, so it's interesting. So, philosophically, we have a dilemma. But
as far as financially and where it's landing us, it's actually landing us in a good
spot. Okay, I yield. Thank you.
ACTING CHR. ONISHL Ms. Kimball.
MS. KIMBALL: Yes, thank you. On the amendment, I'll explain why I gave
you that look. So AMI calculated countywide. So would your perception be that
80 percent AMI in Kona and Waimea is the same as 80 percent AMI (inaudible)?
MS. COSTA: No, absolutely not. You know that I know that, right?
MS. KIMBALL: Right.
MS. COSTA: So that is really this is just really complex, right. We've got one
data point for an entire island, given to us by HUD (United States Department of
Housing and Urban Development) for both fair market and AMI based on census
data. So you know that I'm challenged with this as well, unless
MS. KIMBALL: Yes. And so that, I think, is if we go with AMI, that becomes
the problem, right, is that you have one standard for very different communities.
And I think this approach of saying, well, 70 percent on the east side, even though
I get what you're saying, it's not uniform, but 70 percent on the east side may be
closer to 80 percent if you only use the east side to make the calculation of AMI.
Right?
MS. COSTA: The data?
MS. KIMBALL: Yeah.
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Hawaii County Council-13 May 21,2025
MS. COSTA: Right, so
MS. KIMBALL: If we had that information.
MS. COSTA: If we had the data.
MS. KIMBALL: Right, which we could actually get, right? We could get the
(inaudible) updated to calculate the AMI for each (inaudible).
MS. COSTA: Absolutely.
MS. KIMBALL: It's not simpler because it's not linear. So that's how I mentally
get around this, right. Because 70 percent AMI on the east side is actually more
like 80 percent AMI on the west side.
I think what this amendment presents is the kind of incrementalism that—if I
understand the maker's intent, it is to incentivize more people to get into the
affordable housing tax class, therefore make more affordable housing available
for rent. And so I think that this would be an incremental step towards that, that
would limit the potential for unintended consequences. Because I do think this is
convoluted and complicated enough that there is the possibility that we would see
unintended consequences. And so while there may be refinements needed later
on, such as the zip codes or other things, maybe the 70, 80 is not right, it's enough
of an incremental step that I think it will give us data in a couple years from now
to say, okay, this was the right way to go or not. We have that I mean, it seems
like a long time, but we want to get this right. And I'd hate to make too drastic of
a change too quickly and really mess things up. So I'll be supporting this
amendment. With the reflection of the other amendment coming, I prefer this
one. Thank you.
ACTING CHR. ONISHL Ms. Villegas, do you have anything?
MS. VILLEGAS: No, I won't be supporting the amendment. I yield.
ACTING CHR. ONISHL Okay. Anyone else in Hilo? Seeing noneoh,
Ms. Galimba.
MS. GALIMBA: I do have another amendment. I actually almost see it as a
fallback I'll be supporting this amendment, actually. I prefer to my
amendment, basically I've had conversations with Administrator Costa and we
both kind of went, "Ah, so much to think about." And it also kind of reflects
some of the discussion from last time, that potential desire to do a whole housing
survey. So that's kind of reflected in that. But I think it might be better to just go
with something more specific at this time, rather than trying to get ourselves into
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Hawaii County Council-13 May 21,2025
a whole sort of housing survey. And if we need to, if this formula doesn't work
out, then we could amend later and then do a housing survey to try and fix and
make everything right at that time. So I will be supporting this amendment.
ACTING CHR. ONISHL Chair Inaba.
MR. INABA: Thank you. I just want to point out for the three- and four-
bedroom units should this amendment pass, we could potentially be kicking out
existing property owners out of the Real Property Tax Affordable Rental
Program, because we're reducing the rent for all other zip codes from
$2,134 to $2,016, and then $2,355 to $2,250 for the four-bedroom. Real Property
Tax had run some numbers regarding those on the island that are within $100 of
the maximum rent currently or at max rent, and that number is at 12 percent.
Unclear at this time how many of those people are not in those districts that would
be at the higher rate, but there is that potential and I don't think we have that
number. But that is a clear risk of passing this amendment. We're going to
potentially be kicking people out of the affordable rental program. So leave it at
that. My continued request is to not amend the bill. Thank you.
ACTING CHR. ONISHL Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Just kind of reflecting on the conversation and
the remarks provided by Administrator Costa and Deputy Jo. I'm worried about
the continuous tinkering here because I hear about we could just pass this and
we'll see how it works, and we can just fix it. Our work might be done here on
the dais, but what we don't see is the countless hours that your teams are putting
in to figure out these formulas and communicate yet another change to the
community. So I worry about the constant changing that you folks are having to
accommodate. I understand the intention but I'm not hearing you folks being
warm to either of the amendments that are being put forth today. So I'm
wondering if the best thing to do is to just go with the bill that is before us. I just
want to confirm that that might be the preferred approach at this time. A lot of
work has been spent kind of gearing up to getting us to this draft. Again, I just
want to be very cognizant of all of the work that happens after we approve these
laws.
MR. JO: To that end, I did want to respond to Chair Inaba's comment regarding
the rents on this amendment, potentially kicking people out in terms of the three-
bedroom and four-bedroom housing units. When we looked at our analysis, about
62 percent of all the participants in the current ARH (Affordable Rental Housing)
program are three-bedroom homes. And so that may have some significant
ramifications. Just looking at the numbers, we can certainly do a more thorough
analysis, but it does look like it would impact.
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From RPT's perspective, we want something that's simple, easy for us to digest
and also communicate with the public. And so that's really what we're looking
for.
MS. KIERKIEWICZ: Okay. Deputy Administrator, I just want to confirm what
we have in the current draft, no amendments, is the preferred approach. That is
the simplest path forward in your mind right now to execute.
MR. JO: If you're talking about potential inequities, the 80 percent is preferred
only because there is a potential for some three-bedroom units to be excluded
from the program. Either way, we're okay as long as we have a fixed number that
we can go to and calculate.
MS. KIERKIEWICZ: Administrator, anything to add? I know the last time we
met on this, there was talk about your office doing a study and being more
responsive in like real time to make adjustments, but I don't think we're there yet.
And I know you want to get the office to a position to be able to do that, but we're
just not there yet. So your thoughts on the amendments before us.
MS. COSTA: I believe the intention of this bill initially was to move the setting
of the rent rates away from Office of Housing and our payment standard because
of the particular way that we manage our payment standards and our budget and
the number of vouchers we have, and to give Real Property Tax an earlier start on
communicating with landlords and getting their applications out and a number,
instead of waiting for Section 8 to establish that number, which is often after
October 1st. So it's not really giving a lot of runway for landlords who need to
apply to this program every single year.
So I think the intention of the bill was to move that rent setting away from Office
of Housing. I'm particularly here for this because of the addition to Section 8
participating landlords being able to take advantage of RPT's affordable rental
program. So, to that end, I think the original bill intends to do what we're trying
to move towards.
For the amendment, there's still going to be some consideration of exception
payments—exception area zip codes, and when that changes at Section 8 or when
we do different housing studies, how does that affect exception areas. And we'd
still be tinkering with that. But I do understand also the intention of the
amendment to try to create rents—address rent disparities in East and
West Hawaii.
MS. KIERKIEWICZ: But it sounds like even without this amendment, you are
still able to make adjustments on your end and communicate that with Real
Property Tax.
MS. COSTA: Yes.
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Hawaii County Council-13 May 21,2025
MS. KIERKIEWICZ: Okay.
MS. COSTA: And it would be less so. With the original bill, it would be less so.
Section 8 can set their payment standard, set their exception areas, manage the
budget that we have for vouchers separately from consideration of how that
affects the RPT program.
MS. KIERKIEWICZ: Great. That's all I need. Thank you very much. I yield.
ACTING CHR. ONISHL Okay. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. A good point by Mr. Inaba.
I'm actuallyI was going to ask if Council Member Kagiwada would table the
amendment to allow us to speak to Council Member Galimba's amendment
because the two are different. It takes yours off the table but it doesn't get rid of
it. I like components of it. But it allows us to speak to Ms. Galimba's one and to
the Administrator, and then pick one and go forward if the body was open to that
idea.
ACTING CHR. ONISHL Ms. Kagiwada.
MS. KAGIWADA: Absolutely. I motion to table this amendment.
ACTING CHR. ONISHL Okay. Mr. Clerk?
MR. KANEALI`I-KLEINFELDER: Second.
MR. HENRICKS: You can only table a main motion and all the motions that
come along with it. You can withdraw your motion to amend.
MS. KAGIWADA: Okay. I withdraw my motion to amend so we can discuss the
other one.
Withdraw Motion Ms. Kagiwada withdrew her motion to amend Bill 39,
to Amend: Draft 2, with the contents of Comm. 206.4.
ACTING CHR. ONISHL We're back to the main motion. Ms. Galimba.
Motion to Amend: Ms. Galimba moved to amend Bill 39, Draft 2, with the
contents of Comm. 206.6. Seconded by Mr. Kaneali`i-
Kleinfelder.
ACTING CHR. ONISHL Ms. Galimba, go ahead.
MS. GALIMBA: Thank you. This amendment is basically—it's reflecting some
of the conversation that we had at the last meeting and some of the concerns about
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the different markets that we have on this island, as well as some conversations
with OHCD (Office of Housing and Community Development) and the fact
that—so, right now, what we have is very complicated and not working very well
as far as the rental rates for affordable housing, from what I understand, coming
from the payment standards, which then are affected by Section 8 budget. So
there's constant change and not any stability around what landlords can expect as
far as those levels. The original bill addresses that by going to a more stable
80 percent AMI set once a year.
But as this earlier conversation reflects, 80 percent AMI is not a rental rate. It's a
salary rate or resource rate, which then gets translated into a rental rate, which we
then use for this calculation. So, given that conversation, I basically am putting
forward the option of having OHCD work that out and come up with a rental rate
that is based on a rental rate, so that there can be sort of less complication with the
whole process. So that's this amendment that they—OHCD will come up with a
methodology and establish it by administrative rules.
ACTING CHR. ONISHL Do you want them to respond, Ms. Galimba?
MS. GALIMBA: Sure. Go ahead, Administrator Costa.
MS. COSTA: It's what we do now. Right? We establish that rental rate. That's
what we're doing currently. It's not an administrative rule. It's just a policy,
which is what we're trying to move away from. So this language is okay, but it's
currently what we're doing. If we are going to incorporate this language, there
should be maybe by a certain date, established methodology, and a default in case
OHCD does not do its work; 80 percent AMI or whatever, right. I mean, it's what
we're doing now. It's what we're doing now, is we're establishing the rate.
ACTING CHR. ONISHL Okay. Mr. Kaneali`i-Kleinfelder, go ahead. Your light
was on first,plus you referred the withdrawal.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Acting Chair Onishi.
RPT, sorry, listening to Administrator Costa, it's what we do now, except right
now affordable rental rate is defined in our Code. And there is no—I don't know,
as established by the financings of an incorporation. I guess, then, my question is
to you, Administrator, are we not breaking this all apart and defining it every year
and giving a rate back to RPT to really nail down the market? If we're trying to
develop and refine this—like Ms. Kagiwada's amendment that she walked in the
door, we're looking to do that so we create the equity and subsidization and bring
more people to the affordable rental class—and you're saying it's what we do
now, then I'm really confused as to why we aren't doing it in a way that starts to
build the equity that we're all seeking to create in different forms of amendments
and bills.
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MS. COSTA: Currently, OHCD sets the rate schedule to a particular
methodology. And so I'm assuming with this amendment that you are asking for
a different methodology.
MR. KANEALI`I-KLEINFELDER: I don't like that word. Assume is a scary
word.
MS. COSTA: Right now, we set the rate schedule not by administrative rule. We
have a policy that we use, the 75 percent of the 110 or whatever our payment
standard is. So 75 percent of our payment standard, that's the methodology we
currently use to establish the rent rate. Every year, when the payment standard
changes every October, we reset the rate with an internal policy, and that's what
we're currently doing now. So this is saying that OHCD would continue to set
the rate schedule to give to RPT.
MR. KANEALI`I-KLEINFELDER: Okay. I apologize because I'm reading the
amendment to the bill, and I'm going back to reference the original language that
we began this bill that would amend the existing Code. So, currently, yes,
75 percent of the payment standards. So understanding where we startedsorry,
RPT, Administrator. No, but what I like is the direction of where we're actually
allowing the department to dive into what Mr. Inaba brought forward as a bill to
change, that we're providing a little bit more of a spread equity across the island,
and noting that we have different areas with different incomes and different rental
rates, and building in the equity that Ms. Kagiwada is shooting for, but laying it
all back to the department, or the Office of Housing and Community
Development, to be able to really specify how you want that market to look and
provide that rate to RPT. To me, that's beautiful.
If it needs to say yearly or annually shall review or whatever it shall be, then I
think that should be in there. I think that'll beI think that's a gorgeous blend of
two different departments and policy creating the best bet for the people of
Hawaii County. That's how I see it. But if I'm seeing it wrong and I'm not
understanding something, please tell me because that's where my brain's at right
now.
MR. JO: Can I take a stab at it?
MR. KANEALI`I-KLEINFELDER: Yes,please.
MR. JO: Okay. So I think the issue is the fact that Office of Housing and
Community Development is utilizing their payment standards, which is for a
totally separate program with different goals. And that data is being utilized to set
this affordable rental rate, which has its own set of goals and expectations. And I
think the amendment, what it's doing is it's inferring that you're going to create a
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totally separate process. So now they're doing twice the amount of work, right.
You're going to be doing your payment standards for Section 8. You're going to
be doing AMI for Real Property based on specific zip code.
In my mind, it would add much more complexity for Office of Housing, Real
Property Tax, and for the public. Because, now you have all these different
standards based off of what could end up being a huge list of zip codes. And so,
in my mind, the original legislation is aimed to simplify that process—take
Housing away from that process so they can focus their resources on Section 8
and the payment standards and whatnot, and just decoupling it.
We would go straight to HHFDC's numbers and utilize those numbers to make it
much more simpler. You do bring up the inequity, right, because now we're
going to AML And so that's something that might need to be addressed. But
that's my take on it. I don't know.
MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Jo.
MS. COSTA: What he said. I'm really having a hard time not channeling
Administrator Miura right now. The amount of additional work to create a I
mean, it's possible for OHCD to create an affordable rental program rental rate
based on, you know, really creating a new program and collecting data. It's
possible but that was not the intention of this bill. The intention of this bill was to
simplify and to give RPT a rate that they could use to run this program. So a lot
of factors involved in putting itcurrently, it's with OHCD. Currently, we have
a methodology that we use. We could stick with that, continue to do that. If you
wanted to change the methodology, then that's a different discussion for I think a
different conversation.
MR. KANEALI`I-KLEINFELDER: Understood. If no amendment were to pass
today, then the bill written right now would be 80 percent of the AMI by HHFDC.
That's pretty straightforward. But I like the County component. When we start to
remove the County component and we don't lean in to how we address housing in
this County, then I feel like we've missed a possibility to better our residents. So
I'm trying to find that nice mutual middle ground
MS. COSTA: I understand.
MR. KANEALI`I-KLEINFELDER: Where your office, which is the Office of
Housing and Community Development, which should be on the pulse of the
people of this County helping drive RPT's rate so that we get the market that we
want.
MS. COSTA: Yeah, understood.
MR. KANEALI`I-KLEINFELDER: Okay, thank you. I yield.
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Hawaii County Council-13 May 21,2025
ACTING CHR. ONISHL Okay. Chair Inaba.
MR. INABA: Thank you. I think we've had a lot of discussion about this. I
bring up the same concern with the current amendment, being that we're giving
administrative rulemaking authority to OHCD for a Real Property Tax program.
And I want to ask Deputy Keyra Wong, is that advisable? Or is that a legally
advised method, to have one office making administrative rules for a program run
by a completely different department?
(Note: At this time, Deputy Corporation Counsel Keyra Wong came
forward to address the members of the Council.)
MS. WONG: Good afternoon. Keyra Wong, Deputy Corporation Counsel.
Thank you for that question. I do think it's problematic if we were to move
forward with Ms. Galimba's amendment being that Chapter 19 is for Real
Property Tax for the administration, assessment, and collection of real property
tax, including exemptions, dedications of lands, and appeals, etcetera. So I think
it would be problematic if we were to amend the definition to have Housing do
that work where Chapter 19 focuses on real property tax.
MR. INABA: Thank you, Deputy Wong. With that, I won't be supporting this
amendment. And based on the legal advice provided by Corporation Counsel, I
wouldn't advise members of the Council to support it either. Thank you, Chair.
ACTING CHR. ONISHL Okay. Ms. Kagiwada.
MS. KAGIWADA: Thank you, Acting Chair. So,just while I have you thereI
know; you can give me a little leeway—does the amendment that I propose have
the same concerns with just having the two AMIs utilized?
MS. WONG: Again, Keyra Wong, Deputy Corporation Counsel. I don't think
there's that same concern that I have with Council Member Galimba's
amendment. I think this is different. What yours is speaking to is different.
MS. KAGIWADA: Okay, thank you. Thank you so much. And I guess for this
amendment, back to what Administrator Costa was saying, the intention of the bill
being get away from the payment standards, get rates to RPT earlier, and my
understanding from Council Member Inaba was also to try to entice especially
those west side higher rate landlords to enter the program, and I guess I'm just
going to add here "while not creating inequities in East Hawai`i," it's a lot. And I
understand. If we really don't want to be doing tinkering and we want to see how
some of this plays out, we have the long-term rental bill that hasn't even gone into
effect yet. And in some ways, I feel like we should just not do this bill at all and
let that go into effect and see how things go. But if we are going to go ahead with
this bill, I just strongly encourage folks to think about the inequities that will be
created if we do not amend in any way. I yield. Thank you.
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Hawaii County Council-13 May 21,2025
ACTING CHR. ONISHL Okay. Ms. Galimba.
MS. GALIMBA: Thank you. Just on the "by administrative rule"part, I can see
now how it would not be appropriate. So I would definitely want to take that out
if we were to move forward with that concept. I did talk to the Corporation
Counsel that was here yesterday and it seemed okay yesterday, but then we
(inaudible)
MS. VILLEGAS: Excuse me, Council Member Galimba, can you speak into
your microphone? Thank you.
MS. GALIMBA: Sure. So, yes, I'm learning on the job. So, definitely
understand that that part is problematic. But I think the concept is more what I
was wanting to get at, and that there actually be a written policy rather than sort of
making it up as we go. So that was more what I was trying to get at by that.
Thanks.
ACTING CHR. ONISHL Okay. Ms. Kimball.
MS. KIMBALL: Deputy Administrator, I see that the effective date for this
ordinance is January 1, 2026. Given that, that would mean that the eligibility
period would open up under this changed definition, and then that would impact
people's taxes in the assessment. What's the actual time frame for
implementation?
MR. JO: So if the bill passes, it would be effective January 1st, 2026. However,
with that said, we would begin utilizing HHFDC's numbers to establish the rental
rates based on bedroom count beginning July when those numbers come out. So
we'd start to accept applications for the next fiscal year.
MS. KIMBALL: Like September 2?
MR. JO: Earlier. So normally, right, we get the numbers from Housing in
October, shortly after October 1st. But this would actually allow the numbers to
come out earlier. The application period would start earlier. It would start in July
of this year, so just in a few months. And we would accept those applications so
that the program would stand up, and people would start receiving the benefits
come July 1st of 2026.
MS. KIMBALL: Okay, so if this takes effect now, or the effective date 2026 is
ACTING CHR. ONISHL Ms. Kimball, are you talking about the amendment?
MS. KIMBALL: Yes. It's relevant to the amendment.
ACTING CHR. ONISHL Okay.
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MS. KIMBALL: Thank you. So, if it takes effect this year or 2026, did you say
this July the applications will open?
MR. JO: Yeah, I'd have to check with our Corporation Counsel, because my
understanding is if it's effective January 1st of 2026, that's our date of assessment.
And so it's in play as of January 1st, 2026. But because the application period
precedes that date, it would kind of go into effect when we get these rates.
MS. KIMBALL: Okay. I'd like an answer from Corporation Counsel if they
concur with that timing before I move forward.
MS. WONG: Keyra Wong, Deputy Corporation Counsel. I would ask for a little
bit of time so that I can double-check. Can you reiterate your question so I
understand?
MS. KIMBALL: I think the author can assume, being that he and I maybe have
the understanding that this couldn't actually affect until the next cycle.
MS. WONG: 2027.
MS. KIMBALL: Yeah.
MS. WONG: I think it's 2027. I just want to double-check.
MS. KIMBALL: Okay. We'll put a pin in there because we are talking about the
amendment, which I think the bill itself does two things now. It changes the
methodology from payment standard to AMI, and it changes 75 to 80 percent.
And there's two things that actually have conflating, potentially, impacts. And
while I like the way the amendment is going—and I do hear the concerns about
the rulemaking too; I think that is problematic—it becomes a question of do we
keep the payment standard or AMI essentially, because I would presume Housing
would just go back to payment standard and present that to—like you said, that's
what you're doing now. And so, really, all the bill would be changing is 75, 80,
which I think is what Council Member Kagiwada is trying to address, is that
inequity, the potential for the extension of that inequity.
So, I can't support the amendment in the current format. But I guess what I'm
getting to is I think there is time to find the right amendment, and I don't think
we've landed on it yet, nor do I think the bill is quite ready for primetime, as
Council Member Chung would have said. Thank you.
ACTING CHR. ONISHL Okay. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Ms. Wong,just real quickly,
did the difference in this amendment—the rate schedule as established by admin
rule from Office of Housing and Community Development versus the original
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language of Chapter 19, affordable rental rate not toa rent not to exceed
75 percent of the payment standards as established by the Office of Housing and
Community Development, what am I missing there? Because both refer back to
Office of Housing and Community Development. One's a payment standard,
one's an AMI-based. But is it just the administrative rule language?
MS. WONG: Deputy Corporation Counsel Keyra Wong. Yes. I think the
amendment is requiring Housing to do something under the Code, Chapter 19,
which is for the purpose of Real Property Tax Division. That's the difference.
You're looking at the
MR. KANEALI`I-KLEINFELDER: Aren't they doing that already?
MS. WONG: Yes. Real Property Tax does get the numbers from Housing, but
then if you're going to go with the amendment, you're asking them to do
something that technically doesn't fall under Chapter 19's jurisdiction for Real
Property Tax Division.
MR. KANEALI`I-KLEINFELDER: By the wording "administrative rule."
Because, that's the only difference that I see. Both is OHCD. Both is the rate.
MS. WONG: Yes, but legally you're tasking that work to be done by an agency
that doesn't fall under Chapter 19.
MR. KANEALI`I-KLEINFELDER: So the original language of Chapter 19, a
rate as established by Office of Housing and Community Development, is
different from the rate schedule as established by admin rule of the Office of
Housing and Community Development?
MS. WONG: Yes, I see that as different things.
MR. KANEALI`I-KLEINFELDER: That's very different.
MS. WONG: Yes.
MR. KANEALI`I-KLEINFELDER: To the point of being "unable to proceed"
different.
MS. WONG: I would say it's a legal concern to task an agency with the duties
that fall under somebody else's duties under Chapter 19. So Housing does what
Housing does, and then they give the numbers to Real Property Tax, right. They
have a policy that they do. Going with the amendment would require them under
the law to do something that Chapter 19 doesn't foresee another agency doing.
MR. KANEALI`I-KLEINFELDER: Okay, thank you.
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ACTING CHR. ONISHL Okay. Ms. Kagiwada.
MS. KAGIWADA: No, not on the amendment. Thank you.
ACTING CHR. ONISHL Okay. So we're going to take a roll call on the
amendment, 206.6.
MS. GALIMBA: Given that the administrative rule language is problematic, and
I can see that, I will be withdrawing the amendment. But I'm hoping for an
opportunity to bring forward another amendment without that language so that we
can address some of the discussion that we've been having. Thanks.
Withdraw Motion Ms. Galimba withdrew her motion to amend Bill 39,
to Amend: Draft 2, with the contents of Comm. 206.6.
MS. KAGIWADA: Are we back to the main motion?
MR. HENRICKS: It's unclear to me where we're at.
ACTING CHR. ONISHL Okay, you did withdraw? Okay, so she did withdraw
206.6.
MR. HENRICKS: Thank you, Vice Chair Onishi.
ACTING CHR. ONISHL Now, we're back to the main motion. Ms. Kagiwada.
MS. KAGIWADA: Thank you. Back to the main motion. I would like the
opportunity, if people still feel like this isn't quite right, to make another attempt
at making sure that we aren't correcting something for one part of the island and
inadvertently potentially doing harm to the other part of the island. I would love
to. It sounds like we're not in a rush because of the timing on this. I would love
to have the time to do that. So I respectfully ask that we postpone this.
ACTING CHR. ONISHL So are you making a motion?
MS. KAGIWADA: I'm asking theI guess I'm looking to the author of this to
see if that would be amenable, or do you want me to do it?
MR. INABA: (Inaudible.)
MS. KAGIWADA: Okay.
Motion to Postpone: Ms. Kagiwada moved to postpone Bill 39, Draft 2, to
June 4, 2025. Seconded by Ms. Galimba.
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Hawaii County Council-13 May 21,2025
ACTING CHR. ONISHL On the discussion of postponement, Mr. Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I think from what Mr. Jo shared as far as
there not being a rush to do this, the enacting date, and I think a want from this
body to find something that really fits the County and from what we've learned
today, I'd like to see what comes out of this body and just give it the opportunity.
If nothing comes of it, then on June 4 h we pass the bill and we go from there. If
something great comes out of it from the discussion today from the different
departments on what we learned, then I think that's actually a better opportunity
for the people of the County. Thank you.
ACTING CHR. ONISHL Ms. Kimball.
MS. KIMBALL: Thank you. There was a time in my life where I was that lady
in the grocery store filling out my WIC (Women, Infants, and Children) coupons,
and waiting, the people behind me, like "Get out of here, lady." Right? So I want
to bring this home. We're talking about a potential that some folks here in
East Hawaii would have their rent bumped up by $100, $150. That$100, $150
might mean they can't buy diapers now. They can't buy formula now. I've been
there. I know what it's like to say, "I'm going to mail my electric bill to the gas
company and my gas bill to the electric company, and that will buy me a month."
Right? We shouldn't rush something that is going to have that level of
consequence realistically on people's lives. So there's no rush on this. Let's take
our time. I would like to postpone this. I think we need to think about this equity
issue very seriously before we make this change. Thank you.
ACTING CHR. ONISHL Okay. On the postponement, anyone else? Okay,
Administrator Costa, can you please come up? I didn't get to say anything, but
then for the postponement, right. Are you fine with the existing bill that's being
proposed? Or you would rather see nothing happen? I'm sorry.
MS. COSTA: Yeah, I'm that's a challenging question to ask. I'm very
motivated by the ability to incentivize landlord participation in the Section 8
program because our Section 8 program directly impacts the families that Council
Member Kimball is speaking to. We work with families that are primarily
60 percent and below AML And the disparity in rental availability in the high
rent areas, because there is not enough incentive for landlords to participate in our
Section 8 program, is the disparity that I think is at the core of what we're
speaking to.
So the strength of this bill in front of us today, to me, is in the language around
increasing Section 8 participation. This goes a long way to encourage
participation in this program in Waimea, in Kailua-Kona. That's the strength of
this bill.
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Hawaii County Council-13 May 21,2025
On the RPT side, we're not certifying the individuals that are in those units. So
we're not assuring anything except lower rents across the island. And in looking
at the data that RPT has provided, many of the landlords that are participating in
the affordable rental program percentagewise aren't charging that highest rent
anyway. I think it was like 10 percent. Maybe 6 percent were at the max. So, to
make an assumption that it's going to raise the entire affordable rental program
rents across the board, we do have data to say it could in that 6 percent. It would
be great to even look at that 6 to 12 percent to see where geographically they are.
Those might be in the high-rent areas anyway. That's an assumption I'm making.
So the bill before us I personally am okay with, right, or I wouldn't have invested
this much time sitting here.
ACTING CHR. ONISHL Yeah, thank you.
MS. COSTA: Can we do better? Sure. We can do better. But can we do better
by June 4�h or June 6�h?
ACTING CHR. ONISHL And that can be done on another day.
MS. COSTA: That's to you, right; can we do better by June 6 h?.
ACTING CHR. ONISHL Okay, thank you very much.
MS. COSTA: (Inaudible) a better policy.
ACTING CHR. ONISHL Thank you.
MS. VILLEGAS: Chair?
ACTING CHR. ONISHL Yes, go ahead, Ms. Villegas.
MS. VILLEGAS: I apologize for chiming in so late on this. First off, I want to
say I appreciate the comments by Council Member Kimball. I, too, have been
there. And I lived in West Hawaii, right here in Kona, as a single mom with my
food stamps and my WIC and my little girl, and have been on that precipice. One
month I made $3.80 too much, and it cut me off of being able to get supplemental
help to pay for childcare so I could work. I would feel remiss if I didn't say this:
There are some of us on the Council serving with true intentions and deep hearts,
but aren't as familiar with the history of this island and the history of governance.
In my time of service, I listened to hundreds if not thousands of constituents
express their frustration and concerns about equitable distribution of resources
between the east and west side of the Big Island. So I would hate for any
legislation that passes to create inequitable or negative repercussions to those
living in affordable housing programs on the east side. However, I firmly believe
we are past time for some legislation that would help support affordable housing
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Hawaii County Council-13 May 21,2025
incentives for the west side at the small risk of a slight deviation and change from
the east side, which I share Administrator Costa's perception that it's very slim
that those landlords will change their rental fees even if they could.
We have the highest demand for housing on this side. We also have a very high
population of people who travel across the island to work in the jobs here. So
anything and everything that can be done to provide incentives for affordable
housing, especially on the west side, I think should take priority. When we look
at a risk-versus-reward analysis, the rewards would greatly outweigh the risks.
And as a born-and-raised kama`aina girl having been under those circumstances, I
would ask for the support of Council Members to move forward on this bill which
has been worked on so diligently to come up with the best-case scenario. And so
I would just ask that it be supported for equitable distribution of potential benefits
to the west side's housing market and the inclusion of more affordable housing
opportunities and tax
ACTING CHR. ONISHL We're on the postponement.
MS. VILLEGAS: I do not support the postponement. I would ask that we vote
on this legislation today. I yield.
ACTING CHR. ONISHL Thank you. Ms. Galimba, wrap it up and then we're
going to move on. We're going to vote on it.
MS. GALIMBA: Very briefly, yes. I would support the postponement. I will
say that the bill as it stands, if it passes today, is good, and I think will have a lot
of good effects. I'm only voting for a postponement because I think we can make
it a little bit better. But if it passes, it's going to be good. So I'm not saying it's
bad.
ACTING CHR. ONISHL Okay. So, Mr. Clerk, on the postponement let's do a
roll call.
Vote on Motion to The motion to postpone Bill 39, Draft 2, to June 4, 2025,
Postpone: was carried by the following roll call vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, and Kimball—5.
Noes: Council Members Inaba, Kierkiewicz, Villegas,
and Acting Chair Onishi —4.
Absent: None.
Excused: None.
Relinquish Chair: At this time, Acting Chair Onishi relinquished the chair to
Chair Inaba.
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Hawaii County Council-13 May 21,2025
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
BILL 40 The following individual registered to speak and came forward when called by
(COMM. 207): the Chair:
Alohalani Hope Cermelj: Comment.
(Note: At this time, Ms. Cermelj also provided testimony on Bill Nos. 41
and 42.)
Bill 40: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE ZONE MAP
CLASSIFICATION FROM AGRICULTURAL— 10 ACRES (A-10a) TO
AGRICULTURAL—5 ACRES (A-5a) AT PANA`EWA, HILO, HAWAI`I,
COVERED BY TAX MAP KEY: 2-2-048:013 (POR.)
(Applicant: Ho`oulu-Lahui) (Area: approx. 12.043 acres)
The Windward Planning Commission forwards its favorable recommendation for
this requested change of zone, which would allow the applicant to subdivide the
property that currently houses Kua O Ka La New Century Public Charter School
and enable the school to transition from a lease agreement to fee-simple ownership.
The property is located at 345 Makalika Street.
Reference: Comm. 207
Intr. by: Council Member Kimball (B/R)
First Reading: May 7, 2025
Vote on Bill 40: Ms. Kimball moved to pass Bill 40 on second and final
(Adopted) reading. Seconded by Ms. Kierkiewicz and carried by the
following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kierkiewicz, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
(Note: At the start of Bill 40, Ms. Alohalani Hope Cermelj made a comment in
regards to Bill 41.)
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Hawaii County Council-13 May 21,2025
Bill 41: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR
ENDING JUNE 30, 2025
Decreases the appropriation in the Transfer to Housing Fund account($451,221);
and appropriates the same to the HOME Program Income Repayment account.
Reference: Comm. 210
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
First Reading: May 7, 2025
Vote on Bill 41: Mr. Hustace moved to pass Bill 41 on second and final
(Adopted) reading. Seconded by Ms. Kimball and carried by the
following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kimball, Onishi, Villegas, and Chair Inaba—7.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder
and Kierkiewicz—2.
Excused: None.
(Note: At the start of Bill 40, Ms. Alohalani Hope Cermelj made a comment in
regards to Bill 42.)
Bill 42: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR
ENDING JUNE 30, 2025
Increases revenues in the Interest—Other Federal account($660,000); and
appropriates the same to the Emergency Rent Assistance 2 COVID-19 account
($600,000), Hawaii Island Landlord/Tenant Mediation account($10,000), and
2021 Hawaii Island Homeowner Assistance Program-Administration account
($50,000).
Reference: Comm. 211
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
First Reading: May 7, 2025
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Hawaii County Council-13 May 21,2025
Vote on Bill 42: Mr. Hustace moved to pass Bill 42 on second and final
(Adopted) reading. Seconded by Mr. Onishi and carried by the
following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kimball, Onishi, Villegas, and Chair Inaba—7.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder
and Kierkiewicz—2.
Excused: None.
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE for Executive Session.
SESSION:
Comm. 284: BOARD OF ETHICS PETITION 2024-04: REVIEW OF A PETITION
ALLEGING A COUNTY EMPLOYEE VIOLATED THE HAWAI`I COUNTY
ETHICS CODE
From Corporation Counsel Renee Schoen dated May 2, 2025, requesting an
attorney-client confidential discussion to consult with the Council regarding the
above-entitled matter.
Motion to Close Ms. Kimball moved to close file on Comm. 284. Seconded
File: by Ms. Galimba.
CHR. INABA: Checking if the body would like to go into Executive Session to
discuss this matter with the Corporation Counsel. Council Member Kimball.
MS. KIMBALL: No, I'm fine with the recommendation that's provided in the
guidance from Corporation Counsel. I would be comfortable in moving forward
on the vote with that.
CHR. INABA: Thank you. Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. I thought that Corporation Counsel was
requesting that we go into Executive Session. Is that not the case?
CHR. INABA: It always is the case. So it's a matter of whether the Council
wants to enter into it.
MS. KAGIWADA: Okay, it's only if we want to. Okay. I'm okay. Thanks.
MS. VILLEGAS: Chair?
CHR. INABA: Council Member Villegas.
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Hawaii County Council-13 May 21,2025
MS. VILLEGAS: I'm also okay with the recommendation of Corp. Counsel on
this issue. I yield.
CHR. INABA: All right, seeing no one wanting to enter into Executive
Session
MR. HENRICKS: Understood. I just would like to—if you'd just give me two
minutes to talk to Corporation Counsel before any further action is taken?
CHR. INABA: Sure. We're in a brief recess. Thank you.
Recess: At 1:50 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 1:53 p.m.
Vote on Motion to Ms. Kagiwada moved to enter into Executive Session in
Enter into order to hold attorney-client privilege discussion regarding
Executive Session: Communication 284, as authorized by Section 92-5(a)(4) of
(Approved) the Hawaii Revised Statutes. Seconded by Ms. Galimba
and carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
CHR. INABA: We'll be entering into Executive Session at this time.
Recess: At 1:54 p.m., the Chair called for a recess in order to clear the
room.
Reconvene: The meeting reconvened at 2:16 p.m.
CHR. INABA: Council Member Kagiwada, if you could just give us a summary
of what was discussed in Executive Session.
MS. KAGIWADA: Sure, Chair, I can do that. We met in closed session to
review a petition alleging a County employee violated Hawaii County ethics
codes. We asked questions of our attorney and got our questions answered.
Thank you.
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Hawai`i County Council-13 May 21,2025
CHR. INABA: Thank you, Council Member Kagiwada. With that,there's a
current motion on the floor to close file on Communication 284. All those in
favor,please say "aye."
Vote on Comm. 284: The motion to close file on Comm. 284 was carried by the
(Filed) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, and Chair Inaba—8.
Noes: None.
Absent: Council Member Villegas— 1.
Excused: None.
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(Note: At this time, Council Members made announcements regarding
community events, activities, and other unofficial business.)
ADJOURN- There being no further business, Chair Inaba adjourned the meeting at 2:19 p.m.
MENT:
AUG '0 6 2025
Council Approval:
JH/dg
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