HomeMy WebLinkAboutMIN COUNCIL 2025-06-04 2024-2026 Hawaii County Council
151h Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
June 4, 2025
INVOCATION: Pastor Eric Anderson of Church of the Holy Cross gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:02 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 (came in later)
Ms. Ashley L. Kierkiewicz, Member
Ms. Heather L. Kimball, Member
Ms. Rebecca Villegas, Member
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, Ms. Kierkiewicz presented Certificates of Merit to Hokulani
EXPRESSIONS OF Fortunato and Maliaonani Silva-Meeken for their service, leadership, and
CONDOLENCE: contribution to the County as Indigenous Data Science Associates.)
Recess: At 9:14 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:15 a.m.
Hawaii County Council-15 June 4,2025
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:
Greg Owen: Bill 47, Draft 2 (Comm. 236.55), in support.
Dick Matsumoto: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Lawrence DeRego: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Linda Halbritter: Bill 47, Draft 2 (Comm. 236.55), in opposition.
Mark Sidmore: Bill 47, Draft 2 (Comm. 236.55), in opposition.
Susan Barrackman: Bill 47, Draft 2 (Comm. 236.55), in opposition.
Janice Palma-Glennie: Bill 47, Draft 2 (Comm. 236.55), in opposition.
Debra Greene: Bill 24, Draft 5 (Comm. 110.120), in support.
(representing Safe Tech (See Comm. 110.168)
Hawaii)
Jan Herron-Whitehead: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Chris Hirose: Bill 24, Draft 5 (Comm. 110.120), in support.
(See Comm. 110.174)
Karuna Wiese: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition
Naomi Melamed: Bill 24, Draft 5 (Comm. 110.120), in support.
(representing Safe Tech (See Comm. 110.186)
Hawaii)
April Lee: Bill 24, Draft 5 (Comm. 110.120), in support.
John Erickson: Bill 24, Draft 5 (Comm. 110.120), comment.
Donna Payne-Parker: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
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Hawaii County Council-15 June 4,2025
Kristin Counter: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Tarek Antaki: Bill 47, Draft 2 (Comm. 236.55), in opposition.
Martina Wing: Bill 47, Draft 2 (Comm. 236.55), in opposition.
Ceci Davenport: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Ana Kahoopii: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Sherry Rockwood: Bill 47, Draft 2 (Comm. 236.55), in opposition.
Mackenzie Chase: Bill 47, Draft 2 (Comm. 236.55), comment.
(representing Expedia Group)
LaDonna Shively: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Malie Sarsona: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
E. Kalani Flores: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Pua Case: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Maxine Kahaulelio: Bill 198 (Comm. 1015); and
(representing P.LH.H.) Bill 199, Draft 2 (Comm. 1015.52), in opposition.
John Kawano: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Mark De Reuss: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in support.
Patti Cook: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in support.
Mary Kapuniai: Bill 44 (Comm. 232), in support.
(representing Waimea
Hawaiian Homesteaders'
Association, Inc.)
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Hawaii County Council-15 June 4,2025
Ben Lindsey: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Alan Ku: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Momi Naughton: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Kris Adair: Bill 47, Draft 2 (Comm. 236.55), in opposition.
Joshua Montgomery: Bill 47, Draft 2 (Comm. 236.55), in opposition.
Bev Morgan: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Sharon Olson: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Mark Low: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Albert Kahoopii: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Jan Espere: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Victor Fergerstrom: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Mahealani duPont: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
Alohalani Hope Cermelj: Bill 198 (Comm. 1015), in opposition;
Bill 199, Draft 2 (Comm. 1015.52), in opposition;
Bill 50, Draft 2 (Comm. 241.2), comment; and
Bill 57 (Comm. 295), in support.
Chris Hirose: Bill 198 (Comm. 1015); and
Bill 199, Draft 2 (Comm. 1015.52), in opposition.
John McBride: Bill 44 (Comm. 232), in support.
(representing Keaukaha
Community Association)
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Hawaii County Council-15 June 4,2025
Recess: At 12:16 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 12:43 p.m.
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 April 2, 2025,
were approved.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
BILL 198 The following individual registered to speak and came forward when called by
(COMM. 1015): the Chair:
Pete Hoffmann: In support.
(representing Hale O Hawai`i)
(Note: At this time, Mr. Hoffmann also provided testimony in support of
Bill 199.)
Bill 198: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE
(2022-2024) COUNTY OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION
FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT
WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP
KEY: 6-4-024:027
Reference: Comm. 1015
Intr. by: Council Member Inaba(B/R)
Postponed: September 16, October 15, 2024,
January 7, February 4, and March 6, 2025
Approve: LAAC-16
Motion to Approve: Ms. Kimball moved to pass Bill 198 on first reading and
adopt Legislative Approvals and Acquisitions Committee
Report No. 16. Seconded by Ms. Galimba.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: I do have an amendment for the next bill, so I'll save that until
that comes before the floor. But I do encourage you to look at it these are kind
of a package deal—before we move to that item.
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Hawaii County Council-15 June 4,2025
CHR. INABA: Thank you. The motion on the floor right now is on the State
Land Use Boundary amendment. Applicants, anything to add at this point?
(Note: At this time, Land Use Planning Consultant Daryn Arai; Katherine
Garson, applicant's representative; and John Metzler, applicant, came
forward to address the members of the Council.)
MR. ARAI: Good afternoon, Chair Inaba, Members of the Council. My name is
Daryn Arai. I'm here assisting Kaupulehu Land, LLC, with their applications
that's before you today. The applicant's representative, Mr. John Metzler, is to
my left, and to my further left is counsel for the applicant, Ms. Kathy Garson.
If you'll allow us the courtesy, both Mr. Metzler and I would like to make brief
statements, and if we could lead off with Mr. Metzler.
MR. METZLER: Good morning. I have a prepared introduction, but I just
thought I would take a few minutes and do a little ad-lib to tell everybody who I
really am after all these meetings and everything. I moved to Waimea from
Oahu in 1973. So that's about 50-some years of residency in South Kohala and
North Kohala. I got a job as a carpenter. I'd never done any carpenter work, but I
got a job as a carpenter for $3.25 an hour and that was the beginning of what has
been a very fortunate lucky and productive life for me.
I hear a lot of testimony here today and over the past weeks and months. It's
targeted at me, and so much of it is either blatantly untrue or partially untrue.
And a lot of it is meant to paint me as someone I'm not. Right now, we have a
small cattle ranch in North Kohala. Our beef goes to local grassfed programs. I
planted several thousand trees there on that property, lots of native varieties. We
cooperate with our neighbors and with the Federal Government and the State
Government on all kinds of programs that try to enhance our community, try to
create opportunities for the younger people. Like I had lots of opportunities
everybody has here. But it takes, I guess like they say, it takes a village. We all
have to work together.
I find a lot of the testimony and all of this crazy activity is really discouraging to
me. Kamuela, Waimea wasn't like this when I moved there. People were
friendly. We knew one another. I wrote down some of my friends' names when I
finally got there: the Wakayamas, the Lindseys, the Bertlemans, the Chocks,
Spencer, Miranda. All of those people would have—they would have died if they
saw how I've been treated here by some. So I just want to say, no hard feelings
but I'm giving this my best shot. This may be one of the last times I see all of you
great people.
But here's my intro: Aloha and good morning. A few years ago, after we built
the Ishihara Farm Road and the underground utilities on this property to serve the
ag lots that were formerly the Ishihara farm, our friends and neighbors from
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Hawaii County Council-15 June 4,2025
Waimea started asking me by phone and in person if they could buy an acre or so,
maybe a house lot, maybe a small piece of land on the highway. After many such
requests, I came to believe that it may be the right thing for the Waimea
community to create a few affordable ag lots, maybe a few affordable commercial
lots on the highway. In a way, therefore, it is the community's fault that I'm here
today.
We are now including in our plan a big donation of land and a beautiful home. I
think you folks have already seen a photo of this home. But as Pete just told you,
we're donating, free of charge, to anybody in this room, anybody in this town,
anybody in this County, anybody in the State. It's going to not cost anybody a
penny. This is the house we're donating on a half acre of prime ag land. It's on
the property which is the subject of this hearing. That little house has been totally
refurbished, rebuilt, brand new everything about seven years ago.
Five agricultural parcels with room for a home and a significant amount of
agricultural activity, permanent agriculture, are being offered at no charge. No
big box stores, no big metal buildings lining the highway. No warehouses. No ag
lots that are too big for a young family to be able to afford. Just something small
and simple for the younger folks.
You've been told that there's no need for small commercial properties such as the
ones we're proposing. I heard that again today, maybe twice today. Well, I will
tell you there's a building right across the street from the subject property. The
building was called Environet and it was a business created to pick up the
ordnance in Waikoloa and Puukapu. They had a Federal contract. They finished
their contract. Just a couple of months ago, the owner put that Environet building
on the market for sale. It was about an acre and a half. That building sold within
two months of being listed, No. 1, and No. 2, it's now got two brand new
businesses in it. And all of this took about three weeks from the date of sale until
these two businesses occupied the building.
So, for me to hear that there's so much commercial land in Waimea that making
three new parcels is a mistake and it's going to flood the market, it's not true. It's
demonstrably not true. And you don't have to be a real estate expert to see it. It's
right there. James probably knows the building.
CHR. INABA: Mr. Metzler, please summarize.
MR. METZLER: I'm sorry?
CHR. INABA: Please summarize.
MR. METZLER: Okay. Well,you've been told that our ag is not really ag.
That's not believable because if you approve our application, you will see ag
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Hawaii County Council-15 June 4,2025
activity there within a matter of months after we complete the infrastructure. And
this ag will be sustainable. It will be zoned into the property itself. No going
back.
So, in closing, let's consider the facts. The need for housing is at a critical point.
Affordable housing, which we've heard everybody talk about all day long, is even
more important now than it's ever been. Small affordable ag lots are nonexistent
in Waimea at this time. Our project, which has evolved based on much input, is
the best way to ensure that our young families stay put right here at home, lead
lives filled with reward and accomplishments and that they pass along their good
work to their families. Please vote "yes"twice today. Mahalo.
CHR. INABA: Thank you. Mr. Arai.
MR. ARAI: I appreciate the opportunity, Mr. Chairman. Just to do a quick
overarching summary of why we find ourselves at this point today. As
Mr. Metzler stated, it's been a four-year journey for them, who are simply
following plans that were laid out by the County and the community for more
than half a century. The Metzlers' vision for this property secured a favorable
recommendation from the previous Planning Director because of its alignment
with established land use policies for this area, and the current Director has not
disagreed with any of the findings by this predecessor.
Testimony against the project has unfairly labeled the Metzlers and their
intentions for this property. However, are considered the significant testimonies
in support of the Metzlers' vision from outstanding community and business
leaders and their decades of giving back to the community, confirming the
Metzlers' community-oriented credentials long before they even pursued this
proj ect.
As Mr. Metzler mentioned, they are trying to create opportunities within an area
long envisioned as one of the town corridors of Waimea. But the Metzlers have
also heard the concerns and criticisms, and wish to moderate their project so that
it better addresses the needs and concerns expressed by Council Members and the
community. Through amendments proposed by the Metzlers, they will address
the following: first, affordability of homes within the Waimea area. As
Mr. Hoffmann testified, the proposed amendments we are anticipating will focus
on exploring opportunities with a land trust like Hale O Hawai`i or a nonprofit to
accept the donation of the two half-acre lots for affordable housing, one vacant
and the other with an existing home. And with the Metzlers agreeing to waive
any rights to the excess affordable housing credits that such a donation typically
generates.
Traffic and safety. The Metzlers are committed to working with the State
Department of Transportation to provide both a bike lane and sidewalk along the
frontage of the property to help separate the various users of Mamalahoa
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Hawaii County Council-15 June 4,2025
Highway, and improve the overall safety of this important roadway system. An
updated TIAR (Traffic Impact Analysis Report), as noted in the conditions of
approval, must be approved by the State Department of Transportation. And all
required traffic-related improvements must be constructed at no cost to the State.
Regarding managing project-related traffic, the applicant will agree to a
prohibition on any restaurant and drive-thru uses within the sea end zone portions
of the subject property. This restriction will greatly reduce the potential for high-
traffic uses from being established.
Regarding concerns of flooding and drainage. Federal and County flood
requirements basically specify that actions on property located within a floodway
cannot alter its direction, volume, or velocity. This basically means that the
proposed project cannot alter the existing floodways as it enters and leaves the
property. FEMA (Federal Emergency Management Agency) approval is required
should such alteration be proposed.
Regarding consistency with the Waimea Design Plan. To maintain the existing
rural character of Waimea, the applicant will agree to additional frontage
landscaping, and limiting to a single-story any retail or office structure within the
sea end zone portion of the property. A detailed design analysis for the
commercial component will be required to ensure that it conforms to the
guidelines of the Waimea Design Plan.
Regarding encouraging agricultural opportunities. The applicant has agreed to
restricting ADUs (accessory dwelling units) on the half-acre lots in order to
promote agricultural opportunities. But the applicant is also aware of the
significant need for affordable housing in the area. The applicant will defer to the
wisdom of the County Council on whether to promote or restrict ADUs within
this project site. Either way, the project is providing an opportunity for this ADU
discussion.
In a nutshell, Waimea is expected to grow. And with that growth, so does the
need for services. But where do you put them? Along the Mamalahoa Highway
as a main traffic and utility corridor that can support such uses? Or in the outer
reaches of the town that will consume more agricultural land and force people to
drive farther for these services, adding to the overall traffic congestion?
People reaching out to the Metzlers about the possibility of small businesses.
Owning fee-simple commercial land versus being held captive in a leasehold-only
arrangement that prevails throughout Waimea is what compelled them, along with
the need to provide much-needed housing opportunities. So take a step back and
take a look once again at what is really being requested.
Just eyeballing it, there is about 2,500 acres of Class B soils in the Waimea area
that extends from the project area heading south, to include practically all of
Puukapu Homestead, Puukapu farm lots, and extending for a distance of about six
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Hawaii County Council-15 June 4,2025
miles south of the town to Kamoku. Of this 2,500 acres, the Metzlers are only
asking for about three acres of RA (Residential Agricultural) half-acre land to
accommodate five lots, and two of those lots will be donated for affordable
housing. They're also asking for a little over two acres for commercial uses to
provide three fee simple lots for small businesses. That's a total of just over five
acres combined, out of the 2,500 acres of good quality soils that exist in Waimea.
Is the perceived impact of this relatively small project really as significant as
some of the testimony has made it seem? Is this the type of opportunity as
thoughtfully presented by the Metzlers that you really wish to forego? We hope
for your best and most informed decision on Bills 198 and 199, and appreciate the
time and effort that you have all taken to carefully consider these requests.
I should note, Mr. Chairman, that we do have our traffic engineer and civil
engineer available by Zoom should any of the Council Members have any
questions specific to traffic and floodway improvements.
CHR. INABA: Mahalo, Mr. Arai. Members, discussion? Council Member
Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Chief questions, please. Thank you for your
opening speech, Mr. Metzler, for sharing your background in Waimea. Mr. Arai,
(Bill) 198 is the State Land Use request for sort of the State Land Use request.
Should (Bill) 199 not be approved, 198 be approved, which was the vote last time,
what happens?
CHR. INABA: Mr. Kaneali`i-Kleinfelder, we have our Planning Director here if
you want to ask specific planning-related questions that aren't related directly to
the application.
MR. KANEALI`I-KLEINFELDER: Okay, thank you. Thank you, Mr. Arai.
Mr. Darrow?
(Note: At this time, Planning Director Jeffrey Darrow came forward to
address the members of the Council.)
MR. DARROW: Aloha, Chair, Vice Chair, Members of the Hawaii County
Council. Jeff Darrow with the Planning Department. Council Member, I hear
your question. What happens in that particular case is it causes a conflict with the
current zoning. So, right now,you have State Land Use urban and you will have
State Land Use rural on agricultural five-acre land, County-zoned. So there's a
conflict with the State Land Use and the County zoning. Even currently, there is
that conflict but not in the rear of the property. With the change from ag to rural
without the change of zone from ag to RA be approved, then you will continue
that would be a larger conflict.
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Hawaii County Council-15 June 4,2025
MR. KANEALI`I-KLEINFELDER: What happens if that conflict remains?
MR. DARROW: I'll give you an example. We have this similar conflict with
Waikoloa Highlands in Waikoloa. The zoning at that time was State Land Use
rural. No, it was State Land use agriculture, and they were moving to County RA
zoning. And the Council said, "There's a conflict. You need to change that to be
consistent with the rural zoning." So they had them go back to the Land Use
Commission to change the State Land Use to rural.
So the interesting thing is we have, when you look at the RA zoning district in the
Code, it says this is consistent with RA or urban I'm sorry, rural or urban. That
ag should be with ag. It can be with rural but again it's not—it creates kind of an
inconsistency there.
MR. KANEALI`I-KLEINFELDER: Okay. And then you said the inconsistency
exists now, which is why the bill is in front of us.
MR. DARROW: Well, the inconsistency now is the front portion, which is State
Land Use urban and County agriculture. There was a period of time where it was
consistent, when it was State Land Use urban and County commercial, but then
that changed.
MR. KANEALI`I-KLEINFELDER: And that was the past legislation that was
done that is now being reverted back
MR. DARROW: Correct.
MR. KANEALI`I-KLEINFELDER: Which was talked about by the testimony
this morning.
MR. DARROW: It was back in '93, I believe. Correct. It lasted till, I think,
2002, and then it was reverted back. Yeah.
MR. KANEALI`I-KLEINFELDER: Okay, thank you.
MR. DARROW: It does create some interesting dynamics. I mean,you might be
able to do ADUs again in the rural district as well as in the urban, even though
you have County ag. That's why they included the ag district in the ADU bill, is
because there are situations where you have a conflict in the State Land Use.
MR. KANEALI`I-KLEINFELDER: Okay, that's kind of where I was headed,
because I was looking at the two as being companion bills. But if I just took the
vote from two weeks ago and I applied it to the same thing we have in front of us
today, if 198 passes and 199 doesn't, the land use designation would change and
would be in effect, which would then allow the applicant to build ADUs on a
portion of. Correct?
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Hawaii County Council-15 June 4,2025
MR. DARROW: He can build ADUs on a portion now, the front portion.
MR. KANEALI`I-KLEINFELDER: Existing, okay.
MR. DARROW: Correct.
MR. KANEALI`I-KLEINFELDER: So the State Land Use wouldn't create more
ADUs.
MR. DARROW: Possibly. I believe you're allowed three ADUs per building
site. So he could do that in the front portion now.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Mr. Darrow.
MR. DARROW: Thank you.
MR. KANEALI`I-KLEINFELDER: I yield, Chair.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: I want to get your input, Chair. I'm thinking that it might be
better to withdraw the motion on 198,put 199 forward so we can discuss the
amendment just because of the point that Council Member Kaneali`i-Kleinfelder
raises, that there would be inconsistencies if we were to pass one and not the
other. Any objection? Otherwise, what I will do is withdraw
CHR. INABA: Go ahead.
MS. KIMBALL: I'll withdraw the motion of her 198 and make the motion to
approve Bill 199 at first reading.
Withdraw Motion Ms. Kimball withdrew her motion to pass Bill 198 on first
to Approve: reading and adopt Legislative Approvals and Acquisitions
Committee Report No. 16.
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Hawaii County Council-15 June 4,2025
Bill 199: AMENDS SECTION 25-8-11 (LALAMILO-PU'UKAPU ZONE MAP),
(Draft 2) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY
(2022-2024) CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL—5 ACRES (A-5a)
TO RESIDENTIAL AGRICULTURAL—0.5 ACRES (RA-0.5a) AND
NEIGHBORHOOD COMMERCIAL— 10,000 SQUARE FEET (CN-10) AT
WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP
KEY: 6-4-024:027
(Applicant: Kaupulehu Land, LLC) (Area: 5.349 Acres)
The Leeward Planning Commission forwards its favorable recommendation for
this amendment to the State Land Use Boundaries Map and an unfavorable
recommendation for the requested change of zone, which would allow the
applicant to subdivide the property into eight lots consisting of three
retail/commercial lots fronting Mamalahoa Highway and five residential
agricultural lots. This property is located at 64-983 Mamalahoa Highway.
Reference: Comm. 1015.52
Intr. by: Council Member Inaba(B/R)
Postponed: September 16, October 15, 2024,
January 7, February 4, and March 6, 2025
Negative: LAAC-17 (Due to a vote of 3-ayes, 4-noes,
2-absent)
(Note: Comm. 1015.223, from Council Member Heather L. Kimball dated
June 2, 2025, transmitting proposed amendments to Bill 199, Draft 2, was
circulated.)
Motion to Approve: Ms. Kimball moved to pass Bill 199, Draft 2, on first
reading. Seconded by Ms. Galimba.
CHR. INABA: Council Member Kimball.
Motion to Amend: Ms. Kimball moved to amend Bill 199, Draft 2, with the
contents of Comm. 1015.223. Seconded by Mr. Hustace.
CHR. INABA: Council Member Kimball, go ahead.
MS. KIMBALL: Yes, Chair. Thank you. This was an amendment that was
offered on behalf of the applicant and just providing it, more or less verbatim with
some minor grammatical changes. I'll let them speak to the specific language
proposed, but Mr. Arai has overviewed it a little bit. Thank you.
CHR. INABA: Mr. Arai.
(Note: At this time, Land Use Planning Consultant Daryn Arai came
forward to address the members of the Council.)
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Hawaii County Council-15 June 4,2025
MR. ARAI: We had the opportunity to look at this particular communication
with the applicant. And we have no objections to the proposed language as
presented in this communication.
CHR. INABA: Would you like to give an overview so the public knows what this
amendment is trying to accomplish?
MR. ARAI: Sure. I touched upon it in my testimony earlier. But basically it
amends Condition F to memorialize the applicant's efforts to work with the State
Department of Transportation to provide a bike lane and pedestrian sidewalk
along the subject property's highway frontage. We note that because it's a State
highway, it has to meet State Department of Transportation approval. There's an
amendment to Condition G, as in "golf," in the draft bill that would require the
applicant to provide enhanced landscaping along the same Mamalahoa Highway
frontage if permitted by the State Department of Transportation.
The amendment to Condition P, as in "Paul,"that relates to affordable housing,
that's where it memorializes the applicant's commitment to work with a nonprofit
entity to convey one finished lot with road access, drainage, water, electricity, and
wastewater disposal system to a nonprofit, as well as one of the lots with the
existing home that Mr. Metzler highlighted.
It also memorializes the commitment by the applicant to waive any right to the
excess affordable housing credits that normally results from these types of
donations.
Let's see. The last amendment to Condition T, as in "Tom,"that speaks to
compliance with the Waimea Design Plan. The applicant is basically self-
imposing limitations on the type of uses and the way it's constructed on the
property. It would limit a commercial office building within the CN
(Neighborhood Commercial) zoned portion of the subject property to no more
than one story in height, and to also prohibit uses such as restaurants or drive-thru
establishments that would typically be associated with high-traffic volumes. So,
in summary, that's the substance of the proposed amendments that the applicant
agrees to.
CHR. INABA: Thank you, Mr. Arai. Members, on the amendment,
(Communication) 1015.223. Council Member Villegas.
MS. VILLEGAS: Planning Director Darrow and Corp. (Corporation) Counsel, I
have some questions. If you could come on up and help me out with them.
(Note: At this time, Planning Director Jeffrey Darrow and Deputy
Corporation Counsel Jean Campbell came forward to address the members
of the Council.)
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Hawaii County Council-15 June 4,2025
MS. VILLEGAS: Aloha, Director Darrow. Thank you for coming up. My first
question about these proposed amendments is, do these agreements and what's
listed here go with the property, or do they go with the property owner?
MR. DARROW: My computer is doing some funny things here. I just received
this so let me just get it going.
CHR. INABA: Corporation Counsel, if you know the answer, feel free.
MS. VILLEGAS: Yeah.
MR. DARROW: I can answer that. So, when these amendments are made to the
ordinance, the ordinance runs with the land.
MS. VILLEGAS: The ordinance runs with the land.
MR. DARROW: Correct.
MS. VILLEGAS: So these would be the requirements that go with the land.
MR. DARROW: Yes.
MS. VILLEGAS: Because, the way that this ordinance and these bills are lined
up and asking for a zoning change, and the creation of different parcels is the
intention implied, is that the applicant will be selling these parcels off but that
these requirements go with each of the different parcels. Is that correct?
MR. DARROW: Yeah.
MS. VILLEGAS: Okay. Is that always correct?
MR. DARROW: Yeah. Normally,you'll see the phrase "applicants, successors,
or assigns." So, even if it's the original applicant or successors, they're all
required to comply with the conditions of the ordinance.
MS. VILLEGAS: So it should state applicants, successors, or—what was the last
term?
MR. DARROW: Assigns.
MS. VILLEGAS: Assigns. I would recommend that be something that may be
considered, although I'm still not in complete support of this. At a time when
foreign countries are giving our current President jet planes and it's not being
identified as bribery, I just—regardless of the generosity of your heart, sir, to have
a home as beautiful as that be thrown out as a bargaining chip in order to get votes
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Hawaii County Council-15 June 4,2025
to get this passed through our Council, to me I find it offensive and unfortunate.
And I do question the legality of something like that. Corp. Counsel Campbell,
do you have any responses to that?
MS. CAMPBELL: I also haven't reviewed this suggestion closely. As a general
matter, conditions to any approval need to meet the nexus and proportionality test
that we've talked about in the past. And for anybody who either hasn't listened to
me or hasn't heard this before, all of our conditions to approvals need to meet a
two-pronged test. And they need to be rationally related, or there needs to be a
nexus between the impact that is going to happen as a result of the approval that's
taking place. For an example, if somebody were doing something that, say, was
changing something to a commercial zoning, for example, we couldn't condition
that approval with a school because commercial zoning doesn't create students.
So there needs to be a rational relationship between the condition that we're
applying to the approval.
And then the second piece to that test is it needs to be proportional. So say we
were, again, taking that school example. If we were doing a rezone that would
increase the density from, say, five lots to ten lots or twenty lots, we couldn't ask
for a whole school because that's not proportional, right. We're not creating that
many students.
So that is the test for all conditions that should be attached to all approvals that
you're handing out. And so if you feel like a condition does not meet that test,
then it would be a problematic condition.
MS. VILLEGAS: Do you think that the condition that's listed in this amendment
is
MS. CAMPBELL: Rationally related and proportional? Again apologies; I
haven't had an opportunity. We literally pulled this up as we were
MS. VILLEGAS: So giving a half-acre ag lot with a fully-built home, I mean
who gets to have that house? Who gets to decide that? I mean that, to me, is like
this just—I'm blown away. I can honor that there is a generosity associated with
that, but it's disproportionate to me, especially when the means and model to be
utilized for the allocation of that home have not been determined here. And we
don't have control over that.
So this just doesn't—it doesn't smell right, doesn't taste right, and the community
has spoken very clearly about their opposition for this project in this place for the
reasons that have been stated. While this amendment I'm sure took a lot of time
and attention, I don't think it's our job to make a development fit in a community
that doesn't want it, and has thousands of people that have spoken up as such. So
I'm questioning the nexus of appropriateness of this, and how this has all been
presented today.
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Hawaii County Council-15 June 4,2025
And I would ask—Mr. Metzler,you've shared your heart and how you created.
You're a self-made man, a self-made millionaire, and you've brought yourself to
this place. And you stated that you have been a member of this community and
have been close with the kupuna and families for generations here. And this is
when I would beseech you to honor that community and that kupuna and the
generations that are here now, and for what they're asking of you. And in
honoring that, step aside from these bills and let them go. And with that, I yield.
CHR. INABA: Council Member Kagiwada, on the amendment.
MS. KAGIWADA: Thank you, Chair. On the amendment. I won't be
supporting this amendment. And it's mainly because I feel like if something like
this were to pass and you are going to be building on ag land, that I actually think
it should be able to be denser. I would love to see something with some
affordable apartments on top of the offices or something like that. If you're going
to take a footprint of ag land, I think getting kind of something back for the
community, that's really important. And to have single-story sprawling, where I
realize that's more architecturally maybe in line of what's available in Waimea, I
do think as land gets more and more precious, we have to think about the
footprints. And if you're to build on it, those single-story to me feels a bit
wasteful. So I won't be supporting this amendment. I have a couple more
questions to the main motion. Thank you, I yield.
CHR. INABA: Thank you. Council Member Kimball.
MS. KIMBALL: I just wanted to take the opportunity to respond to that, Council
Member Kagiwada. Just for clarification, the one-story limitation applies only to
retailer office space. So, if they were to decide to build residential units, like a
duplex or multifamily that would not be restricted by this covenant. It's only for
commercial space.
MS. KAGIWADA: (Inaudible.)
MS. KIMBALL: It would be limited to any office or retail structure. So, if it
were mixed use, that would fall outside of that category of commercial. Mixed
use would be outside of exclusively retail or office building.
MS. KAGIWADA: Just
CHR. INABA: Okay, Vice Chair Onishi.
MR. ONISHL You want to respond?
MS. KAGIWADA: I just wanted to clarify
CHR. INABA: Go ahead.
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Hawaii County Council-15 June 4,2025
MS. KAGIWADA: So I understand. Given this amendment, you're saying that
they could build office space on a single-story, an additional mixed use housing
on a second story according to this amendment. Mr. Arai, is that your
understanding?
MR. ARAI: Exactly. There was a specific reason we structured the language as
we did, because we realized the opportunities that the CN zoning district provides.
CN zoning allows for single-family, double-family, I mean multiple-family
residential. At a density of up to 1,250 square feet of land area per unit, it can get
pretty dense. The trick is getting everything to fit,right.
So we wanted to make sure that if there was a commercial component, we kind of
managed the overall massing of the property to assure the community, too, that
when commercial uses get bigger, typically there's more traffic, right. So we
wanted to reassure them that there will be boundaries around commercial uses.
But we didn't want to place those same restrictions if they were able to establish
residential uses on the CN zoning portion as well because it does allow for it.
MS. KAGIWADA: Okay. Thank you. Okay, thank you for clearing that up. I
will be voting in favor of this amendment, although it doesn't mean I'm going to
be voting in favor of the original. Thank you.
MR. ONISHL Thank you, Chair.
CHR. INABA: Thank you. Vice Chair Onishi.
MR. ONISHI: Mr. Hoffmann, can you come up and kind of explain more of your
nonprofit and how these awards are going to be done for these properties? And
for funding, how funding is going to come to, I guess, build the next home on that
other lot. So go ahead.
(Note: At this time, Pete Hoffmann, Chair of Hale O Hawai`i, came
forward to address the members of the Council.)
MR. HOFFMANN: Thank you, Councilman Onishi. I'll try to respond in some
way, shape, or form. I'm board chair of Hale O Hawai`i, which is an affordable
housing land trust. I think several of your—when I was here the last time, we had
a discussion on how that land trust works. Very briefly, we own the property but
we sell the property, the above-ground portion of that, to a potential homeowner
who meets our criteria of between 60 percent and 140 percent AMI(Area Median
Income). By law, or at least by our bylaws, we must do that.
Now, we sell at whatever the cost of that construction was. For instance, we just
finished a home on land that was leased to us by the County, the very first time
that this has happened that the County and State leased us land. You Council
Members passed that resolution some time ago. We built property on that. We
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Hawaii County Council-15 June 4,2025
built a home on that. We sold it for $320,000. That's a three-bedroom, two-and-
a-half bath home. It cost us about 340,000 to build. I'm sorry, the amount of
money that we thought we would spend of course increased with supply-chain
problems and difficulties and so forth. We sell our homes at cost or less.
None of the members of our board, no one associated with the land trust earns any
money. There's only one person who's on a stipend, our developmental lady who
writes grants for us and does other things like that, advertising and so forth. None
of us gain any money from this. This is a community service project as far as
we're concerned.
Under any circumstances, the generosity of John Metzler in this particular case
exceeds what we have seen in the past. As I mentioned, we don't usually have
developers coming to us for whatever reason and saying, "Look, in order to meet
our affordable housing requirement and to exceed it, we'll provide you, the land
trust, free of charge—it's a donation—two one-half acre parcels in order to build
on that." This is new construction on the one lot that has no home. And we'd
make sure that the home that already exists there is brought up to Code if it needs
to be modernized in any way, shape, or form. We'll put it on the market under the
terms and circumstances that our land trust operates, selecting potential
homeowners who meet the criteria that I mentioned before.
MR. ONISHL Do you deal with the County housing agency?
MR. HOFFMANN: I'm sorry?
MR. ONISHL Do you deal with the County agency?
MR. HOFFMANN: Yes. We dealt recently with the County housing, with
Kehau Costa's department, because the two homes that we've just finished
constructing are with County funds. Those were the $300,000 that was granted,
that we managed to achieve from the County housing support, the fund that was
instituted last year. So we've used those funds. And for those two homes, we
deal directly with the County. And trust me, we still are working through a
number of different accounting forms and requirements and so forth, some of
which we were perhaps not aware of as clearly as we should have been. But
we're working with the County and have extensive conversations with them
continuously.
MR. ONISHL And how do people apply to get to see if they can qualify for these
homes that you're going to be offering?
MR. HOFFMANN: I should also preface all my comments. We have used the
process and formatting that Hale O Maui, the affordable housing land trust on
Maui, has had established for 20 years now. They were established in 2005. As I
think I mentioned one time previously, we basically plagiarized every single bit of
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Hawaii County Council-15 June 4,2025
their documentation. We did it with their knowledge, and we used their EIN,
their Employer Identification Number, when we submitted our paperwork to the
Federal Government to establish our own land trust. The idea is we don't need to
reinvent the wheel. We were granted, by the way, our non-affordable [sic] status
very quickly.
We have used the procedure, which is a seven-page document that Hale O Maui
has used. Basically, in general we have a selection committee. We try to do this
anonymously. The selection committee members do not know the names of the
individuals that they're looking at. We have a process that we go through to
qualify people for potential homeownership. They have to have a pre-approved
mortgage letter from a bank or lending institution as "We'll give you this amount
of mortgage." The several criteria that we use is we're looking primarily,
although not always, for a potential homeowner who has never owned a home
before, ones who were born and raised in Hawaii somewhere, one who has
family who meets the bedroom criteria that we happen to have. As I mentioned
60 to 140 percent of AMI, we cannot exceed the 140 percent AMI for the family
that we're looking at. And there are several other
MR. ONISHL My last question is, do you folks also have a counseling program
so these applicants can meet those qualifications, or to get the requirements that's
needed, like get paperwork done?
MR. HOFFMANN: We don't necessarily, Councilman Onishi, have programs.
We do insist that all our potential homeowners attend a financial homeowners
workshop class. Hawaii Community Assets has a very good one and we use
them. We send most of our people to them. But we are not in the business of
mortgage. We're not a mortgagor. We don't fool, if you will, with the finances.
As a potential homeowner, they have all the joys and sorrows of being a
homeowner, and that means they pay the property tax on the property, whatever
the County indicates. At time of sale or purchase of the property, they know in
general what their return will be if they hold the house for five years, ten years,
fifteen years or so. There's a fairly complex formula, but it's spelled out for them
so that we do try to assist them if we can in directing them into general advice.
We ask that they work with a mortgage lender, the bank and so forth, in order to
assist them in improving their mortgage capacity. But as I think I mentioned once
before, and it's worthwhile to mention again, the constraints that we face are the
mortgage capacities of these different potential homeowners.
MR. ONISHL Thank you, Mr. Hoffmann. And thank you very much for
educating the public on what your program is all about. Thank you. Thanks, I
yield.
CHR. INABA: Thank you. Council Member Hustace.
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Hawaii County Council-15 June 4,2025
MR. HUSTACE: Thank you, Chair. Just two things on the amendment here.
First, I want to thank you for the time it took to consider these additions to the bill
itself. Really considering a lot of the community feedback and some of the
discussion that's happened here in front of Council. So thank you for taking the
time to do that.
And then secondly, really want to mahalo you for your generosity and considering
the substantial donation to Hale O Hawai`i for the purpose of affordable housing
on the parcel. So mahalo. Thank you, Chair.
CHR. INABA: Thank you. On the amendment, Council Member Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Mr. Arai, as the representative
for the applicant and in developing the amendment, the land being provided to
Hale O Hawai`iis that correct?—is being done under the Chapter 11
requirements, that's a requirement of the zoning ordinance. Correct? You can
provide land in return for x, y, and z.
MR. ARAI: Thank you for the question, Mr. Kaneali`i-Kleinfelder, but you're
absolutely right.
MR. KANEALI`I-KLEINFELDER: Actually, I want to restate that. You
actually have to comply with Chapter 11. Correct?
MR. ARAI: You're absolutely correct, which is why the proposed amendment is
appended to Condition P, as in "Paul,"which is the affordable housing condition.
And I appreciate the question because it allows me to address the nexus and
proportionality questions that came up earlier. I've been around long enough that
we've heard the criticism by the Council about how does one satisfy affordable
housing obligations, and also the criticism that securing or satisfying those
requirements by applying credits doesn't get affordable housing units on the
ground very quickly.
So what you see here is basically a memorialization of an effort by the applicant
to specifically provide affordable housing units on the subject property that is the
subject of this rezoning request. So, again, it was in response to some of the
concerns we've heard by Council Members regarding the use of housing credits to
satisfy their obligations. And we believe it is proportional, because it has to meet
with the approval of the Office of Housing and Community Development.
MR. KANEALI`I-KLEINFELDER: Okay. And has the director approved?
MR. ARAI: The director of housing and community?
MR. KANEALI`I-KLEINFELDER: Was she aware of the amendment?
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Hawaii County Council-15 June 4,2025
MR. ARAI: I know she took a look at the condition. She did make one
recommendation on how to tighten it up, and we can make that suggestion as
well. I don't know if this is the right time to make that suggested amendment to
Condition P. Well, if it's okay, I can make a brief note that in the amendment on
Condition P where it speaks to "As represented by the Applicant, in compliance
with the requirements of Chapter 11, the Applicant shall," and I think right there,
"include at a minimum one finished lot." And the reason being is knowing that
OHCD (Office of Housing and Community Development) has to yet reveal any
proposals and come up with an agreement, they want to make sure that at a
minimum, not knowing ultimately what's going to shake out, they want it
expressed here "at the minimum." That is the commitment and obligation of the
applicant.
MR. KANEALI`I-KLEINFELDER: Okay, thank you.
MR. ARAI: And I understand Administrator is in the audience. So, if you
have
MR. KANEALI`I-KLEINFELDER: No, I think that's good. Thank you,
Mr. Arai.
MR. ARAI: Okay, thank you. We also were thinking when it makes reference to,
where did it go, "a nonprofit corporation or land trust," I think we may want to
just refer that to an organization, like a nonprofit organization, and not necessarily
be too specific. Because in the end, we want to make sure that whatever entity we
work out with, and at this point we believe it's Hale O Hawai`i, we have that
flexibility in the ordinance.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Mr. Arai.
Mr. Hoffmann, because you're here I just want to ask you one question. I listened
to what you said to Mr. Onishi. What I heard was nonprofit owns property.
Correct?
MR. HOFFMANN: That's correct. The land trust retains title to the land.
MR. KANEALI`I-KLEINFELDER: Okay. And then the home is under the
ownership of the folks who meet your requirements.
MR. HOFFMANN: That's correct.
MR. KANEALI`I-KLEINFELDER: Last question. Who gets the equity in the
house?
MR. HOFFMANN: The equity from the home is shared by the homeowner.
They are the ones,just like a regular homeowner, who would get the equity in the
property at time of sale. Now, there's a formula, as I indicated, in the lease that
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Hawaii County Council-15 June 4,2025
we have that allows them to know pretty much what they're going to get at time
of sale. If the property increases, say, a hundred thousand dollars in ten years,
they're pretty sure of the amount that they'll get. In addition to the equity, they'll
also get all the principal that they paid in the property up to that time. They'll get
their closing cost as well returned to them. Could they lose money on the
transaction? Yes. It's possible that the market might fall. That's, if you will, one
of the joys of homeownership. But, clearly, that's probably not the case that we'll
face here on the island.
MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Hoffmann. I thought about
this for two weeks. I think this is important to note, and I've spoken with
different folks, what I appreciate is the move to provide housing, or a component
of or land, in trying to address what the community is asking for in return. But
the long-term—and a little latitude here, Chair—what I'm hearing from the
residents who are surrounding you is impact on tax. As the values of the
properties begin to grow, which is going to happen everywhere and is happening
everywhere, that the property taxes go up, the land values go up. Actually, it's
the other way around; it's values and assessments go up and property taxes rise.
And the generational families—and I forgot your last name, sir, and I apologize
eight generations minimum he's been on that land. And his family's been on that
land. What I see there is a disconnect between we're going to give a half-acre and
a piece of property and a home to a nonprofit to go to a family in need, one
family. What's surrounding this parcel and the overall idea is, as we develop, as
we rise property valuesI didn't say that right—raise property values, we begin
to affect people into the future.
CHR. INABA: Mr. Kaneali`i-Kleinfelder, I just want to make sure that we're
specific to the amendment.
MR. KANEALI`I-KLEINFELDER: Specific to yeah, that's a good point.
CHR. INABA: That's more about the bill as a whole.
MR. KANEALI`I-KLEINFELDER: Good point, Chair.
CHR. INABA: Do you yield?
MR. KANEALI`I-KLEINFELDER: I'll circle back. You know what, let me
summarize. Let me finish the thought, okay. If we let that persist, the generations
of families are negatively affected. And it's not a simple impact as one half-acre
will take care of the problem. This is going to be a generational future impact on
families going into the future. And that itself, to me, is extremely hard to
quantify. And I wouldn't think that even though I appreciate the gracious offer to
submit a half-acre lot and a home per the amendment, to meet the needs of the
community to address this concern that's risen given the legislation in front of us,
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Hawaii County Council-15 June 4,2025
the generational impact going forward for these families, their keiki, is something
that we have a hard time addressing in a simple amendment or even the simple
thought of it right now. I think that's the—in my opinion, that is the struggle that
we're looking at across the island as we look at development. And that does tie
back into the amendment. That's just my thoughts right now. Thank you.
CHR. INABA: Thank you. I'm going to wrap up and take the vote on this.
Council Member Villegas.
MS. VILLEGAS: I had a number of questions for you, Mr. Hoffmann. But
Mr. Arai made a statement that kind of nullifies the need for that, because it's
being implied that these lots would be donated to your nonprofit. But then
Mr. Arai stated very clearly that this amendment in no way guarantees that they
be contributed to your nonprofit. Correct?
MR. HOFFMANN: As I understand it, Congresswoman Villegas
MS. VILLEGAS: Not a congresswoman. Councilwoman.
MR. HOFFMANN: Councilman. I was trying to promote you, dear.
MS. VILLEGAS: No thanks.
MR. HOFFMANN: Okay. We have signed the letter of intent with Mr. Metzler
to be that particular affordable housing land trust.
MS. VILLEGAS: Thank you, Mr. Hoffmann. Mr. Arai,your last statement
implied that you had not made a decision on that, or that that had not—it didn't
mention there was a letter of intent. And in fact, it sounded like you were not
comfortable stating that this was a specific choice.
MR. ARAI: Thank you for the question. The condition—how do I say this the
letter of intent has been signed, but an agreement has not been perfected. We
believe it is improper to put a specific entity in an ordinance when even in the
presence of a letter of intent, an actual agreement hasn't been memorialized. So
what needs to be
MS. VILLEGAS: Okay, thank you, Mr. Arai. That makes sense. Going back to
you, Mr. Hoffmann, how many homes has your nonprofit built?
MR. HOFFMANN: Four.
MS. VILLEGAS: How many have they sold?
MR. HOFFMANN: Four. I take that back. We have the fourth one in escrow at
the moment.
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Hawaii County Council-15 June 4,2025
MS. VILLEGAS: And two were funded by the County recently, correct?
MR. HOFFMANN: Correct.
MS. VILLEGAS: Okay. So your nonprofit has a history of four, potentially five.
Was this offer and this potential agreement to be memorialized that you be the
recipient of these two lots? When was that agreement or proposal brought to you
and your nonprofit?
MR. HOFFMANN: Last week, to be honest.
MS. VILLEGAS: Hmm. So, in the weeks between our last meeting and this
meeting, we have an amendment. We have a nonprofit whose board member is a
prior Council Member being offered two half-acre lots for them to be able to
utilize through their nonprofit. It doesn't smell right. This is iconic shady
negotiating. It just—come on, Council Members. Come on.
MR. HOFFMANN: Mr. Chairman, can I ?
MS. VILLEGAS: Also no, no.
CHR. INABA: Council Member Villegas, can you please summarize?
MS. VILLEGAS: I also want to state that Mr. Arai made some statements earlier
about the amendment not being accurate, and things needing to be corrected in
here. So, with that, I would ask for this amendment to be withdrawn until the
amendment could be corrected. I won't be supporting it regardless, but it's not an
accurate document. And I yield.
CHR. INABA: All right. So, with that, if there's no other comments on the
amendment, I won't be in support of the amendment. We've come up with this
situation before, specifically for Condition T, limiting otherwise permitted uses or
rights that come with zoning. I don't support that concept. If we're going to
grant a zoning, you should have all rights and permitted uses that come with that
zoning. And I don't support going down this road of removing, one by one, some
of these allowed uses or rights. So, with that, on the motion to amend Bill 199
with the contents of Communication 1015.223, Mr. Clerk, roll call.
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Hawaii County Council-15 June 4,2025
Vote on Motion to The motion to amend Bill 199, Draft 2, with the contents of
Amend: Comm. 1015.223 was carried by the following roll call
(Approved) vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kierkiewicz, Kimball, and Onishi —6.
Noes: Council Members Kaneali`i-Kleinfelder,
Villegas, and Chair Inaba—3.
Absent: None.
Excused: None.
CHR. INABA: Back to the main motion. Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. May I ask the Planning Director to come
up again?
CHR. INABA: Council Member Kagiwada, go ahead with the question.
MS. KAGIWADA: Thank you. Actually, following on the same line of thinking
that Council Member Kaneali`i-Kleinfelder was asking, I just want to understand
the history to here. You said the front parcel of this was ag until 1993. Is that
correct?
MR. DARROW: That's my understanding.
MS. KAGIWADA: And then changed to commercial?
MR. DARROW: Correct.
MS. KAGIWADA: Who was the current owner, the person who changed it then?
MR. DARROW: I'm not sure.
MS. KAGIWADA: Oh, you don't know. Maybe Mr. Arai
MR. METZLER: In effect, that was me, yes.
MS. KAGIWADA: Okay. So, in 1993, you changed it to commercial. And in
2002, you changed it back to ag.
MR. METZLER: Yes.
CHR. INABA: Please speak into the mic. Mr. Arai, activate the mic.
MS. KAGIWADA: So could you just share with us why you made those changes
so we can understand?
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Hawaii County Council-15 June 4,2025
MR. METZLER: We rescinded the ordinance.
MS. KAGIWADA: Okay. Sorry, there's a little confusion here. Let's get it
straight. Okay, I'm just trying to understand because, Director,you said that it
was out of alignment, then in alignment, then out of alignment again. So I'm just
trying to understand why it was allowed to get out of alignment and
MR. DARROW: Actually, originally, the State Land Use urban was in that area.
It looks like it was existing zoning, the State Land Use. That's correct, right?
Yeah. As well as the County zoning.
MS. KAGIWADA: So, in 1993
MR. DARROW: No, even way before that, yeah.
MS. KAGIWADA: Okay, but I'm just saying in 1993, it was aligned.
MR. DARROW: When they came in and did a change of zone to—it could have
been any type of zoning that could go into the open district. But at that time, and
even currently, the land use allocation map, the LUPAG (Land Use Pattern
Allocation Guide) map, was medium density urban which calls for commercial-
type uses. So it was in alignment and it passed through commission and Council.
MS. KAGIWADA: In 1993.
MR. DARROW: Correct.
MS. KAGIWADA: And then in 2002, what happened?
MR. DARROW: It looks like it was rescinded, or requested to be rescinded.
MS. KAGIWADA: Requested to be rescinded. Why did you request for that to
be rescinded at that time? Because, we wouldn't be here dealing with all this
stuff. I'm just trying to understand why you did that.
MR. METZLER: Well, to begin with, I wasn't then and I'm not now a land
developer. And we rescinded it because we had no intent at that time to create
any commercial use. And the property had always been—well, not always, but
before it was zoned for commercial it had been a piece of farm land.
MS. KAGIWADA: So did you have an intention to do agriculture on it at that
time?
MR. METZLER: Well, we did not eliminate that possibility. In the ordinance,
we didn't see enough in terms of specifics to know what it meant to have a
commercial zoning. And therefore, we were afraid that if we left it as
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Hawaii County Council-15 June 4,2025
commercial, somewhere down the road we would be involved in a stoplight and
sidewalks and road widening and all of the things that come with instituting and
producing any commercial property. So we thought it best to just get it back into
ag use, which is where it had been. They talk about ag use these days. There are
a couple horses grazing that property, but it's really not an agricultural use. It's
just a vacant piece of land.
MS. KAGIWADA: Okay. May I ask, did you realize tax savings from changing
it from commercial to ag?
MR. METZLER: I'm sure we did. Although, that had very little to do with our
decision.
MS. KAGIWADA: Okay. Although if you hadn't done that,you wouldn't be in
this spot right now.
MR. METZLER: Exactly. It would have been the better decision
MS. KAGIWADA: I mean, if you would have just paid those taxes.
MR. METZLER: Based on where we are now. Yeah.
MS. KAGIWADA: Okay. Yeah. I'm really just trying to understand how we got
here and this dis-alignment that Planning Director is talking about. And just to
reiterate, Mr. Planning Director, right now what can be done on that front parcel?
Can they build ADU housing on that front parcel, and if so, how many?
MR. DARROW: Well, the front portion, my understanding, is approximately
two-and-a-half to three acres. So the whole parcel is five-plus acres. You're
allowed to do ADUs in the County agricultural district and the State Land Use
Urban District. So in that front portion, they could build a main dwelling and up
to three accessory dwelling units.
MS. KAGIWADA: The same thing for the back parcel?
MR. DARROW: The back portion is in the State Land Use Agricultural District,
which does not allow for accessory dwelling units.
MS. KAGIWADA: Okay. So they just—the two current homes there is all they
can have, given the current—
MR. DARROW: It depends on agricultural activity. They could possibly come
in for an additional farm dwelling based on farming activity. But, I mean, you
would be talking quite a number of dwellings at that point if you took into
consideration the front and the back.
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Hawaii County Council-15 June 4,2025
MS. KAGIWADA: Okay. The reason I'm saying that is because one of the
testifiers said that eight dwellings could be currently built on the entire parcel, I
believe. And so I was just trying to understand where that was coming from and
if that was true.
MR. DARROW: Personally, I think if they were to maximize the front with the
main dwelling and three additional, I would say the two in the back are probably
about what you're going to get,possibly one more. But again, there has to be
quite a bit of agricultural activity, which doesn't have a whole lot of land area
there.
MS. KAGIWADA: Okay. And once again, if 198 passes but 199 does not, what
does that allow for?
MR. DARROW: Again, it causes a conflict. You don't see that particular
conflict very much. You don't see people coming in and changing the State Land
Use to rural without an accompanying County zoning to RA or something that is
consistent. You don't see somebody coming in to do that purposely to have State
Land Use rural and County ag. Given that if it passes today, you're basically, at
that point, out of the State Land Use Agricultural District. And so the entire
property can build a main dwelling and up to three accessory dwelling units.
There are already two dwelling units on there. So I would say it would actually
limit the ability.
MS. KAGIWADA: Okay. So not passing both allows more dwellings to be built
at this time. Is that correct?
MR. DARROW: I would say that's correct.
MS. KAGIWADA: Okay, thank you. That's all I have. Thank you. I yield,
Chair.
CHR. INABA: Council Member Hustace.
MR. HUSTACE: Thank you, Chair. Mr. Arai, if you could just clarify. There
was a question that came up in a number of testimonies about the number of
ingress, egress proposed and what's allowable by State Highways, and all those
conversations and where we're at right now.
MR. ARAI: Thank you for the question, Council Member Hustace. When the
journey began, there was originally three proposed access points directly onto the
highway. After discussion with the State Department of Transportation and as a
result of the traffic studies, the number of access points permitted has been
reduced all the way down to one. We do have communication and that's been
transmitted in a letter by the applicant's attorneys dated June 3rd, I believe, that
has an emailed conversation with Mr. Yamada of State DOT (Department of
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Hawaii County Council-15 June 4,2025
Transportation). And he confirms that he has no objections to that one access
point directly onto the highway. So that is what is on the current concept map
before you, and that's the proposal that we're putting forward.
I should note that we do have Mr. Randall Okaneku on Zoom, and he is the traffic
engineer who did the studies. And basically, there has been four studies to date
that have looked at various iterations of access to the highway. And his findings
basically confirms that no mitigation is necessary to accommodate the proposed
ingress and egress to this property. But he is available online if you wish to speak
to him.
MR. HUSTACE: Thank you, I appreciate that. I think that suffices. Thank you,
Mr. Arai. Some other questions are already answered, so thank you, Council
Member Kagiwada, for those question with some of the history there. I'll yield
for now. Thank you, Chair.
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. Sorry, Ms. Kagiwada just said
something that's interesting. Mr. Darrow, can you help me out? She just said that
if this bill passessorry, I can't remember exactly what the words were.
Basically, if the bill doesn't pass, less houses are built, I think is what I just heard.
MR. DARROW: Correct. She was saying that if Bill 198 passes, it actually will
allow the applicant to build less dwellings. And the reason for that is because,
again, ADUs are allowed in the State Land Use urban.
MR. KANEALI`I-KLEINFELDER: I got that part.
MR. DARROW: Okay.
MR. KANEALI`I-KLEINFELDER: I got it.
MR. DARROW: So what happens now is
MR. KANEALI`I-KLEINFELDER: Sorry,just one moment. Sorry, Director.
Ms. Kagiwada,just real quickly. Was that assuming 199 passes or fails?
CHR. INABA: Council Member Kaneali`i-Kleinfelder and Members, each bill is
its own bill, and we shouldn't be talking about it,whether one or the other. I
think the only thing that really matters is if Bill 198 should fail, we cannot pass
Bill 199 because the zoning for Bill 199 is dependent on the State Land Use that
is in Bill 198.
MR. KANEALI`I-KLEINFELDER: Correct.
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Hawaii County Council-15 June 4,2025
CHR. INABA: So I want to set the record straight there.
MR. KANEALI`I-KLEINFELDER: Correct.
CHR. INABA: Council Member, go ahead.
MR. KANEALI`I-KLEINFELDER: To Ms. Kagiwada, do you understand my
question? And this is on—we're on Bill 199 currently.
MS. KAGIWADA: I believe so. So what I was trying to clarify is that basically
if we say no and no, more housing can be built there than if we say yes and no.
MR. KANEALI`I-KLEINFELDER: So my thought on that—sorry, I listened to
that as I was interested, and I wanted to make sure I heard it right. If 199 passes,
though, we create 0.5 ag zoning. Correct? Half-acre zoning for the ag,
Mr. Darrow?
MR. DARROW: If 199 passes. But again, as the Chair had said, 198 has to pass.
MR. KANEALI`I-KLEINFELDER: Understood. But with 199 passing, we
actually create more density. Correct?
MR. DARROW: Yeah.
MR. KANEALI`I-KLEINFELDER: Which would equal more homes.
MR. DARROW: Correct.
MR. KANEALI`I-KLEINFELDER: That's agricultural, which can be farm
dwellings. Yes? No?
MR. DARROW: No.
MR. KANEALI`I-KLEINFELDER: No farm dwellings.
MR. DARROW: You don't want to create that conflict of not passing 198 and
passing 199.
MR. KANEALI`I-KLEINFELDER: Okay, got it. I guess agreeing that half-acre
zoning, agricultural, would increase density on the lot more so than a farm
dwelling on a five-acre parcel. Correct? And what's existing right now?
MR. DARROW: My understanding is there's two dwellings. You have one
property that's zoned Ag-5. Half of it is urban. You can do three accessory
dwelling units and a dwelling in the front under the urban. And then he has two
in the ag portion. This is quite complicated but
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Hawaii County Council-15 June 4,2025
MR. KANEALI`I-KLEINFELDER: It is and it isn't, but—
MR. DARROW: Yeah. The difficulty about what you're assuming in regards to
Bill 199 passing and Bill 198 not passing, the minimum lot size in the State Land
Use Agricultural District is one acre. Okay. There is a conflict. In our Code, it
says RA is for urban and rural. So there would be that conflict. And as
mentioned before, when that came before the Council, they asked the applicant to
go back to the Land Use Commission and change the State Land Use to rural to
be consistent with the County zoning which was RA.
MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Darrow.
MR. DARROW: Thank you.
MR. KANEALI`I-KLEINFELDER: And then my last questionsorry, it wasn't
a question but just a mahalo to your team. I asked for the State information at the
last meeting and it was provided via our public information system. So thank
you. I yield, Chair.
CHR. INABA: Vice Chair Onishi.
MR. ONISHL Thank you, Chair. Mr. Arai, so we've heard a lot of testimony
about the traffic. And then you just made a comment about the studies, that
there's no impact?
MR. ARAI: The finding by the traffic study was that no mitigation was
warranted.
MR. ONISHI: You have your engineer present.
MR. ARAI: Yes.
MR. ONISHL Can he come online?
MR. ARAI: Yes. If Mr. Okaneku is still on Zoom, if he could—someone could
patch him through.
(Note: At this time, Randall Okaneku, The Traffic Management
Consultant, came forward to address the members of the Council.)
MR. ONISHI: Good afternoon. You can introduce yourself.
MR. OKANEKU: My name is Randall Okaneku. I'm the principal of The
Traffic Management firm and I prepared a number of studies for this project and
(inaudible).
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Hawaii County Council-15 June 4,2025
MR. ONISHL What is your most recent study that you completed?
MR. OKANEKU: I prepared a traffic summary that kind of boiled down four of
the reports that were submitted.
MR. ONISHL So you've heard testimony about how this project will impact
Mamalahoa. And so can you give a short detail of your study?
MR. OKANEKU: The Traffic Impact Analysis Report was prepared in
accordance with the Hawaii County Code concurrency requirements. And part
of the concurrency requirement for it to mitigate any and all traffic impacts within
a five-year period of the development. And based upon those guidelines, there
were no traffic mitigations that were recommended.
MR. ONISHL And basically, this is what this property will be producing going
onto Mamalahoa. Correct?
MR. OKANEKU: That's correct.
MR. ONISHL Because I've seen that traffic. I've been to Earl's parking lot, and
to turn left is really hard. So I turn right and then turn someplace else, and then
come back the other way. So this impact, if people are coming out of this
proposed project that wants to turn left, basically they would be the ones that are
impacted. Correct?
MR. OKANEKU: Do you use the median lane to turn left out of Earl's?
MR. ONISHL No. I don't think there is one. There is? There is like a left turn,
right turn? Oh yeah? Oh, okay. Well, the last time I was there, they didn't.
MR. OKANEKU: I did recommend some restriping of the median lane to extend
it all the way to Keaka Kea Place, so that you would be able to turn left out of
Earl's. Right now, you can't really turn left into Ishihara Road either because
there are some striping that blocks the driveway.
MR. ONISHL Okay, thank you. And then, Mr. Arai, with State Traffic Division,
their requirements right now, I mean, there's no litigation about any calming lanes
or anything like that?
MR. OKANEKU: Per our last communication, no.
MR. ARAI: To add on to that discussion, that is specifically why access to this
project has evolved from what was previously three all the way down to one, is to
try to manage the turning movements in the area, trying to address the traffic
concerns. So again, it's been whittled down to this one single access point.
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Hawaii County Council-15 June 4,2025
Movements were deemed acceptable within acceptable limits, or levels of service
I should say. There was no mitigation required at least for that intersection
approach where it connects to the highway.
So again, in the end there's a Condition T in Bill 199, Draft 2, where,prior to
final plan approval, an updated revised traffic study will need to be done. They're
going to retook at everything. And if there's any additional tweaks and
adjustments, like Mr. Okaneku mentioned, then that's something the applicant is
compelled to provide because it's a requirement in the zoning ordinance.
MR. ONISHL And if the applicant cannot fulfill that, then the project doesn't
move forward.
MR. ARAI: Yes. That is correct. The Director needs assurance that all the
improvements recommended by an approved traffic study, and I note that the
traffic study must be approved by the State Department of Transportation.
MR. ONISHL Okay. Thank you. I yield.
CHR. INABA: On the main bill, Council Member Villegas.
MS. VILLEGAS: Corp. Counsel and Planning Director? Thank you. A question
here. It's something that was brought up by a number of testifiers and something
I find, among a number of other things, concerning, is that if the zoning change
gets approved here today and these two bills move forward, essentially the zoning
gets changed, there becomes the opportunity for one five-acre lot—or is it
currently two five-acre lots?
MR. DARROW: Half-acre lots.
MS. VILLEGAS: No. Currently, this is all one five-acre parcel. Correct?
MR. DARROW: Correct.
MS. VILLEGAS: Okay. Currently, one five-acre parcel. Everything moves
forward the way that they would like it to, and there's eight lots. Correct? And
then they show us this plan of what's proposed, and there are some direct
requirements that get included in the ordinance. But is there anything that legally
binds them or guarantees that they move forward with this project as proposed?
MR. DARROW: The specific requirements in the plan would be required. But as
we had mentioned in the past, zoning is zoning. And we will have people come
before us and say, "This is the project I'm proposing." In this case, we're hearing
three commercial lots and five half-acre lots. The three commercial lots are
limited so far today to one-story commercial-type activity with the ability to go
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Hawaii County Council-15 June 4,2025
above that if it's residential. Again, that is what's being proposed. We're seeing
the limitations. It's not saying that this will be a Target store or this will be a
whatever type
MS. VILLEGAS: Right. Gotcha. Not that specific.
MR. DARROW: Right.
MS. VILLEGAS: But it does directly impact the value and the potential selling
price for each one of the eight lots that would be created if the zoning change is
approved.
MR. DARROW: I mean, that goes without saying. Whenever (inaudible)
MS. VILLEGAS: Nope, I just I want to hear it said, "Yes, it does."
MR. DARROW: It does.
MS. VILLEGAS: It does, without any guarantee other than what's in writing
here that any of those other things happen. So the two lots proposed, being given
to a nonprofit to then be distributed in some way that is still an amorphous
procedure. There is no legal requirement after that. Then any other part of these
remaining six parcels that highly likely go onto the open market, become anything
close to affordable workforce housing or anything else.
Once the lots are sold, it's just more capitalism, commercialization,
commodification, and transformation of a town and a community and a space
with generational ties. And the people who have sat here today for hours and
driven for hours to plead with us as Council Members, who it's our job to
represent those people. So you've gone from one five-acre lot, then you get eight
pieces of property that have significantly changed in commercial value and no
guarantee no guarantee that we would end up with more dense affordable
housing, or workforce housing as Council Member Kagiwada expressed a desire
to see. There is no guarantee. The only guarantee is that there would be two
people—and we will circle back to this because I've talked to Housing, and this is
the cart before the horse and tying Housing's hands by putting in the ordinance
what Housing is going to do without their approval.
So a lot of this is cart before the horse. And I'm just trying to implore my
colleagues to recognize what's going on, what we're being opened and trying to
be convinced of. And this is where we make decisions of who we listen to, and is
it community, generational descendants, or is it somebody who bought this
property 20-some odd years ago for $300,000, as they stated. Pennies on the
dollar compared to what would be made if this zoning change goes through. It
gets out of our hands.
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Hawaii County Council-15 June 4,2025
CHR. INABA: Thank you, Council Member Villegas. Anyone who hasn't
spoken yet? Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. We've been on these bills for many
months now, overlapping a couple of Council terms. There have been some
pauses, and my hope was that there could be some unified solution that was
amenable to the Metzlers, the property owners, and the community.
Unfortunately, we have not been able to arrive to that place. I appreciate you,
Mr. Metzler, reaching out to Pete Hoffmann. It was at my request that you reach
out to the land trust and try to carve out some affordable housing opportunities for
local families because their model has shown great promise here in our State and
across the country.
I think what this request before us has really brought to light are these underlying
tensions within our community of where we should go. And I know that you have
visions for your property. And putting forward these requests for rezones and
changes to State Land Use Boundaries, they're not always guaranteed, right. So
I'm here really struggling, because it seems like a really straightforward request.
And what I'm finding is that it's really not.
What I'm hearing from community is what is being proposed here is not
conducive to Waimea. And I think that you're being asked to solve a lot of
problems on this five-acre lot, and I don't think you can. But for me, in
evaluating this request, I'm looking at what is the highest and best use. That is
our job. Highest and best use. And so the request here is adding another
commercial element to this property, the highest and best use. And so I'll keep it
very short, and I'll just say, I'm sorry but I don't think so. I'm very sorry that it's
come to this. I'm sorry that it's been such a public and grueling conversation.
I'm sorry.
My heart goes out to you and Joni because I do think that in some situations you
have been mischaracterized. I think you've done a lot for the community. But
my vote today is going to be "no" on the rezone because I don't believe that this
area is conducive to more commercial. Thank you, I yield.
CHR. INABA: Thank you, Council Member Kierkiewicz. Anyone else?
Council Member Hustace.
MR. HUSTACE: Thank you, Chair. I appreciate the time on this. It's been long.
We've talked about this and had a lot of conversations about the issues in
community, and where things stand on a lot of issues that impact community on
growth and meeting growth and housing and addressing affordable housing.
There's a lot in here for sure, and I think there's a lot of tension. There's a lot of
emotion in it.
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Hawaii County Council-15 June 4,2025
I just want to request with my Council Members that when we're looking at—in
this particular instance, we have regional traffic issues, and the community feels
that. I feel it. I'm in that traffic all the time. So it's something that we need to
work on together with our State partners, especially in our communities that are
limited. I know you've been doing that in the past with a lot of your
communities. So I look to you for your support on that sort of lens when we're
looking at limited infrastructure in our community. So I would appreciate your
support on that.
The other thing I would say, and this came up and I shared it previously in one of
our earlier Committee meetings, that the veiled threats are unwarranted and
unwelcome. So I'm just going to put that out there again.
And then I appreciate all the testimony that came in. I read all your testimony.
I've taken to heart everything you've said. So thank you. One even had a quote,
and I'll just retort back with saying to keep every cog and wheel is the first
precaution of intelligent tinkering. Thanks, Chair.
CHR. INABA: All right. With that, I continue—well, especially after passing the
amendment, more so I cannot support this. The community's overwhelming
voice has been heard. And I agree with the sentiments of Council Member
Kierkiewicz in that it appears to be pretty simple, but it's not. And when
community comes, I think we need to listen. So, Mr. Clerksorry, I have to take
the vote since I spoke already.
MR. ONISHL They can withdraw?
CHR. INABA: May I just take the vote? Mr. Clerk.
Vote on Bill 199: The motion to pass Bill 199, Draft 2, as amended to
Draft 3 Draft 3, on first reading failed by the following roll call
Failed vote:
Ayes: Council Members Galimba, Hustace, Kimball,
and Onishi —4.
Noes: Council Members Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Villegas,
and Chair Inaba—5.
Absent: None.
Excused: None.
(Due to the negative recommendation in Legislative
Approvals and Acquisitions Committee Report No. 17, the
report was adopted.)
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Hawaii County Council-15 June 4,2025
RETURN TO CHR. INABA: Thank you. Bill 198 was read in. Council Member Kimball.
BILL 198:
Motion to Approve: Ms. Kimball moved to pass Bill 198 on first reading and
adopt Legislative Approvals and Acquisitions Committee
Report No. 16. Seconded by Ms. Galimba.
CHR. INABA: As stated, because the vote on 199 was in the negative, Director
Darrow, if you want to confirm we can pass 198.
MR. DARROW: Aloha, Chair. I would recommend not passing it because, again
as stated, it causes that conflict. Thank you.
CHR. INABA: Okay, thank you. Vice Chair Onishi.
MR. ONISHL Thank you. Would you guys be willing to withdraw this? Or do
you guys want to vote for it?
MR. ARAI: Mr. Onishi, the bill is on the floor. We're not sure if it's appropriate
for us to make a statement on whether to withdraw or not.
MR. ONISHL Mr. Clerk, would they be able to withdraw?
MR. HENRICKS: No.
MR. ONISHL No, cannot already? It's
MR. HENRICKS: They don't have any standing as to whether or not this bill is
voted on or
MR. ONISHL So, if the motion—Ms. Kimball could withdraw this.
MR. HENRICKS: She could withdraw her motion. The question then becomes
what becomes of the bill itself. It's on the agenda today.
MR. ONISHL Okay.
CHR. INABA: Any further discussion? Mr. Clerk, roll call on Bill 198.
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Hawaii County Council-15 June 4,2025
Vote on Bill 198: The motion to pass Bill 198 on first reading and adopt
Failed Legislative Approvals and Acquisitions Committee Report
No. 16 failed by the following roll call vote:
Ayes: Council Member Hustace— 1.
Noes: Council Members Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—8.
Absent: None.
Excused: None.
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
Postponed: May 21, 2025
(Note: There is a motion by Council Member Inaba, seconded by Council
Member Kagiwada to pass Bill 39, Draft 2, on second and final reading.)
Relinquish Chair: At this time, Chair Inaba relinquished the chair to Acting
Chair Onishi.
ACTING CHR. ONISHL Chair Inaba.
MR. INABA: Thank you. I think we had good discussion and just ask that we
support it as it's currently drafted. Thank you.
ACTING CHR. ONISHL Ms. Galimba.
MS. GALIMBA: Thank you. We did postpone it to this session. Although I do
feel this is a bill that will, in its present form, will be beneficial, I also think that it
could be more beneficial and had hopes to come up with an amendment.
Unfortunately, I haven't gotten there. It is complicated and I completely give the
author lots of props on working through it because it is a very complicated issue.
Basically, I think the 80 percent AMI is a good way, but I would really like to be
able to see the rental rates reflect the very different communities and markets
around the island so that it could be better tailored geographically. I have looked
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Hawaii County Council-15 June 4,2025
at instead of the AMI going to the HUD (United States Department of Housing
and Urban Development) small area FMR, fair market rental, chart and working
off of that to come to rates that reflect the various communities. However, at this
time, I don't feel like I'm there yet to be able to put something forward. So,
basically, I'm looking for a temperature check on willingness to postpone for
another two weeks, but would also understand if we want to go forward.
ACTING CHR. ONISHL Okay. Ms. Kagiwada.
MS. KAGIWADA: Thank you, Acting Chair. I feel similarly in that I think this
is a good step forward, especially for West Hawaii. I think we've been looking
for a way to include West Hawaii and get more landlords to participate in renting
to our residents here. I would have liked to figure out a way to see that
difference, because we know there is a real difference between some of the really
high-cost areas in our County and the rest of our County. But I guess, at this
point, I'm not I heard some pleas especially from some of the West side people,
that they would like to see this go into effect and see if it can make a difference.
So I guess I'm listening to that, and I don't want to hold it up necessarily anymore
and let the perfect be the enemy of the good here. So I'm willing to support it at
this time, and hopefully in the future if we see the need for some differences, we
can make a change in the Code if we need to.
I also think because we have the long-term rental bill going into effect at around
the same time in January, it'll be good to see how those things play out and see
then do we still have some pukas. Do we still need to make some adjustments?
Happy to support at this time. Thanks. I yield.
ACTING CHR. ONISHL Thank you. Ms. Kimball.
MS. KIMBALL: Thank you. I also appreciateI do think that this is something
that needed to happen, changing the threshold. But given the conversation we had
last time with RPT (Real Property Tax) and the amount of time that it's going to
actually take to get to implement this, to me there's no rush. And I have concerns
about I would rather take the time, and it's a little weird to be doing it here at
this second reading stage, but I'd rather take the time and get it right given how
much runway we have. And I'd love to give Council Member Galimba the
opportunity to present the proposal she has in mind. So I would be supportive of
postponement. I'm not really comfortable with the current language, so would
want toI don't think I can support it as is. Thank you.
ACTING CHR. ONISHL Okay. Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I'm not in support of postponement.
We originally heard this bill in Committee back in March. There have been
months and months to tinker. And as Council Member Kagiwada said, let's not
have perfection get in the way of progress. There are a lot of other
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Hawaii County Council-15 June 4,2025
complementary pieces that we've already adopted as a Council, and I do want to
give the Real Property Tax office time to weave all of that together and
implement. And if there are gaps, if there are folks that are falling within the gaps
that we've identified, then we can legislate accordingly. But I'm in favor of
moving forward a legislation presented today. Thank you. I yield.
ACTING CHR. ONISHL Okay, anyone else? Okay if not, hearing or seeing
none, Mr. Clerk, roll call please.
Vote on Bill 39: The motion to pass Bill 39, Draft 2, on second and final
Draft 2 reading was carried by the following roll call vote:
(Adopted)
Ayes: Council Members Galimba, Hustace, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,
Villegas, and Acting Chair Onishi —8.
Noes: Council Member Kimball — 1.
Absent: None.
Excused: None.
Relinquish Chair: At this time, Acting Chair Onishi relinquished the chair to
Chair Inaba.
Bill 47: AMENDS CHAPTER 6 OF THE HAWAI`I COUNTY CODE 1983
(Draft 2) (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. 236.55
Intr. by: Council Member Kimball and
Council Member Kierkiewicz
First Reading: May 21, 2025
(Note: Comms. 236.56 and 236.57, from Council Member Heather L. Kimball
dated June 2, 2025, transmitting proposed amendments to Bill 47, Draft 2, were
circulated.)
Motion to Approve: Ms. Kimball moved to pass Bill 47, Draft 2, on second and
final reading. Seconded by Ms. Kierkiewicz.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: I want to go right into a couple of amendments.
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Hawaii County Council-15 June 4,2025
Motion to Amend: Ms. Kimball moved to amend Bill 47, Draft 2, with the
contents of Comm. 236.56. Seconded by Ms. Kierkiewicz.
MS. KIMBALL: This was alluded to by one of the testifiers, the representative
from Expedia. In further conversation with them, there's three violations that
hosting platforms, such as Expedia, Airbnb (Air Bed and Breakfast), are subject
to. One is not registering with us. The second one is not providing the monthly
reports to us. And the third is listing a transient vacation rental that is illegally
operating.
We already corrected they don't have a mechanism in this language right now
for the first two of those violations: not registering with us and not providing the
report. There's no opportunity to correct it, no time period after a notice of
violation. So what this amendment does is it gives them ten days to correct a
failure to register or a failure to provide a report before they get fined the $10,000
for a violation of this Code. So I ask everybody for support on this amendment.
Happy to take any questions.
CHR. INABA: Discussion on the amendment? Council Member Hustace.
MR. HUSTACE: Just to make a correction. Sorry, you said it's not less than
1,000, not more than 10,000, cause you just said the $10,000 fine. I just want to
make sure that you're clear on that.
MS. KIMBALL: Sorry. Yes, thank you.
MR. HUSTACE: Yeah, okay. Thank you.
CHR. INABA: All right, all those in favor of amending Bill 47, Draft 2, with the
contents of Communication 236.56,please say "aye."
Vote on Motion to The motion to amend Bill 47, Draft 2, with the contents of
Amend: Comm. 236.56 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.
MS. KIMBALL: Chair, the second amendment is in Communication 236.57. So
a motion to amend Bill 47oh, Clerk, do I have to ? I can wait, right?
MR. HENRICKS: If you're making an immediate motion to amend,you're okay
because the rules just say you can't take final action.
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Hawaii County Council-15 June 4,2025
MS. KIMBALL: Thank you.
MR. HENRICKS: So as long as you don't deliberate towards
MS. KIMBALL: We're going to get to my favorite rule here in a minute.
MR. HENRICKS: There you go.
Motion to Amend: Ms. Kimball moved to amend Bill 47, Draft 2, with the
contents of Comm. 236.57. Seconded by Ms. Kierkiewicz.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: This is a very simple amendment to just extend the time frame
for actual implementation of this program. Based on the feedback we got from
Finance, they would like to have a full 180 days, or six months, to fully
implement the registration process. So this just extends the effective date from 90
to 180 days.
CHR. INABA: Any discussion? Seeing none, all those in favor please say "aye."
Vote on Motion to The motion to amend Bill 47, Draft 2, with the contents of
Amend: Comm. 236.57 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 Motion to Ms. Kimball moved to suspend Council Rule 23 to waive
Suspend Council the holdover for the substantive amendment of Bill 47,
Rules: Draft 2. Seconded by Ms. Kierkiewicz and carried by the
(Approved) 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: Council Member Kimball.
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Hawaii County Council-15 June 4,2025
MS. KIMBALL: In all the iterations of this, whether it was Bill 121 or now this
current version, Bill 47, there's been a lot of discussion around this subject matter.
At this point, I'd like to just understand if there are outstanding questions from the
folks that are not at"yes"yet that I can answer, I'm happy to respond to that. I do
want to highlight the publication that came from Maui about their economic
study. I think it's very enlightening in terms of what we will potentially see with
our economic study. A slightly different scenario.
But what I will say is that I want to just first acknowledge my partner here,
Council Member Kierkiewicz for all her contributions, especially with the PR
(public relations)to the public around this. So thank you for your help in that.
And then Jacob Perry from LRB (Legislative Research Branch) was just really
instrumental in getting this language spot on. So I want to mahalo him as well.
And at this point, happy to pass it to Council Member Kierkiewicz to share any
final thoughts, but I think we have gotten there. But happy to answer any
questions or concerns.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. It's been delightful to continue to work
on this piece of legislation with you, Council Member Kimball. And I again just
want to take the opportunity to stress that this is a registration process. By no
means is this any sort of zoning-, land use-, standards of operation-type
regulation.
And I do want to just take a moment to acknowledge that we have our Deputy
here from Department of Research and Development. They are hard at work with
Hunden Partners to finalize the economic impact analysis. I'm getting a"yes"
head nod here. And we can expect a draft report transmitted from your office
today. Do you want to say that into the mic on public record? And over the last
few months, our offices have been working together to evaluate some of the data
that has been coming in. But it was abundantly clear that we needed to take a step
back and get a fully picture of all of the vacation rentals that are operating here on
Hawaii Island. So this registration process very much complements the study
that will be delivered to us today. Director?
(Note: At this time, Research and Development Deputy Director Dennis
Lin came forward to address the members of the Council.)
MR. LIN: Good afternoon. Dennis Lin, Deputy Director for Research and
Development. Yes, we are working with Hunden Partners to finalize the draft
report. What we'll do is once we get that report this afternoon, our department
will take a look at it first to see if there are any clarifying points that we need to
get through. And then we'll circulate it for further comments from Council
Members, particularly Council Members Kierkiewicz and Kimball, for your input.
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Hawaii County Council-15 June 4,2025
MS. KIERKIEWICZ: Thank you. That's very helpful. And that particular
analysis will help guide future legislation, including where we could situate
visitor destination areas if those are appropriate, and how we might deal with
vacation rental regulations going forward.
And then I just want to acknowledge a point that Council Member Onishi made in
the last Council meeting about the need to make sure that we continue to educate
the community about this registration process. And I think the delayed
implementation of 180 days provides us ample time and opportunity to make sure
that folks are aware of how simple this process is, but that it is a requirement
going forward. Thank you everyone for your continued support. I yield.
CHR. INABA: Further discussion? Council Member Kierkiewicz and then
Council Member Hustacesorry, Villegas.
MS. VILLEGAS: Unfortunately, I just still have concerns. I know that it's being
consistently communicated that this is simply a registration process, but people
that I work with who are planning savvy have expressed consistently that this is
putting the cart before the horse. And that it opens up potential for negative
consequences moving forward. Director Darrow, can I ask you a couple
questions?
(Note: At this time, Planning Director Jeffrey Darrow came forward to
address the members of the Council.)
MR. DARROW: Thank you, Council Member Villegas.
MS. VILLEGAS: Oh, no, thank you. My concern is that currently TVRs
(transient vacation rentals) don't—do TVRs currently exist in our Zoning Code?
MR. DARROW: They do not.
MS. VILLEGAS: So we're creating TVRs in another part of our Code, right,
through this?
MR. DARROW: Correct.
MS. VILLEGAS: But there's nothing—should there be something in our Zoning
Code to correspond?
MR. DARROW: My understanding is there will be.
MS. VILLEGAS: Okay. Historically, is that a recommended practice?
MR. DARROW: It's very unique. I actually am not sure if I've seen it before,
especially in the sense that we are having two portions of the Code deal with a
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Hawaii County Council-15 June 4,2025
similar aspect. But again, I think the end result, as we had mentioned at the last
review of this, this is the first step. Now it looks like an amendment's been added
to give more time for this to be implemented. During that time, there will be this
economic study that's apparently almost completed. There will be the
amendment to Chapter 25, and hopefully it will all come together.
MS. VILLEGAS: Does this put undue pressure that whatever amendments for
Chapter 25 kind of—there's this pressure that they have to get past when they're
brought forward because we will have already put this cart before the horse?
MR. DARROW: I would think it would help moving that—
MS. VILLEGAS: If the horse went before the cart?
MR. DARROW: It would help with that change. If this passes, it would show
the support to move it forward and pass Chapter 25.
MS. VILLEGAS: So, in essence, it's kind of a strategicI mean, it's a form of
strategy, right, like we pass this, whether or not it's the cart before the horse. My
concern is that because zoning doesn't exist for TVRs right now, is that we then
get opened up for TVRs to register in areas that aren't zoned currently for TVRs.
Right? Currently, it's only resort. And if you didn't get a nonconforming use
permit, under Bill 108, there were no more nonconforming use permits allowed,
right. Does this undo that or open us up to the potential for TVRs in areas not
zoned for TVRs currently to become an option?
MR. DARROW: This would be a better question for the maker of the bill, but my
understanding is that we are going to have the ability to review the application for
compliance as far as zoning. But again, that would be that's why I believe that
this will the amount of time given to be able to allow this to pass through, have
the economic study done, have Chapter 25 done, this will all come into place.
There's a reason why the maker of the bill had wanted to proceed with the
registration portion first. And again, I can't answer that question.
MS. VILLEGAS: So you can't answer the question about whether or not this
makes us vulnerable to people being able to register for TVRs in areas that aren't
currently zoned for them.
MR. DARROW: Again, my understanding is that we would also review the
application. Because, the application's going to come in as a registration once
this program that's the other part of this bigger process, is a program that will be
initiated that's going to create the registration, will also come into Planning.
Planning will review for consistency with zoning.
MS. VILLEGAS: And then if the zoning isn't appropriate, they will deny the
application and deny the registration?
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Hawaii County Council-15 June 4,2025
MR. DARROW: That's my understanding, and then a refund or possibly non-
refund. I'm not sure.
MS. VILLEGAS: Then should I ask the question to the maker? Which maker
wants to answer these final questions?
CHR. INABA: Restate your question, Council Member Villegas.
MS. VILLEGAS: As was stated by Director Darrow and confirmed, because
TVRs don't currently exist in Chapter 25 of our Zoning Code, one of my concerns
is that people will start to register and they will register, and their TVRs aren't in
zones that are they're not currently in areas that would be legally permitted, and
they hadn't gotten a nonconforming use permit and yada, yada. So, as was stated
by Director Darrow, is that the applications will come into Planning where they
will be reviewed. And reviewing is one thing, but I would like to know and have
confirmation that if those applications and those registrations are in areas that
aren't currently zoned for TVRs, that the application will be denied and the
registration will be denied.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: So the act of registering does not make legal anything that is
currently illegal per County or State law. So, once the registration has been
submitted and it goes to the Planning Department for review, if it's found to be a
short-term vacation rental in an unpermitted zone as is designated unpermitted
right now, it will still be unpermitted and illegal and their registration will be
canceled. This in no way allows for any new permissions because it doesn't
touch land use, and that's why it's in Chapter 6.
MS. VILLEGAS: Thank you. Needed to hear that, not only for myself but for
those who have been vocal in my ear about it. So, for the public record, thank
you for that and yeah. I still would prefer horse and cart, but we live in this world
right now. So thanks.
CHR. INABA: Council Member Hustace is out of the room back to his seat.
MR. HUSTACE: Thanks, Chair. May I ask a question of the maker?
CHR. INABA: Go ahead.
MR. HUSTACE: It's just in the definition for TVR, stating "rental period of less
than 180 consecutive days." Does this present any challenges to kind of our
midterm rentals and any of the issues around that?
MS. KIMBALL: No.
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Hawaii County Council-15 June 4,2025
MR. HUSTACE: Could you elaborate?
MS. KIMBALL: It's actually basically the same question I just gave to Council
Member Villegas.
MR. HUSTACE: Okay.
MS. KIMBALL: Rentals of 30 days or more, up to 180 days, are still considered
short-term per the Real Property Tax Department. They're considered transient
per this legislation. But it does not—it doesn't change the land use legality of it.
They are currently legal under Chapter 25. It will continue to be legal under
Chapter 25. What will not be legal is to go ahead and register as a short-term
vacation rental that only rents for 30 days or more and then rent fewer than that,
which is one of the problems that we see, is people say, "We don't have to
register under Chapter 25 because we're only renting for more than 30 days. And
yet, if you look at their activity on their booking site, they're actually frequently
renting for fewer than 30 days, and should really have a nonconforming use
certificate.
MR. HUSTACE: Thank you for the clarification. Thank you, Chair.
CHR. INABA: Any further discussion on the bill? Okay. I expressed at the last
hearing concerns about certain definitions that provided some, but I don't see any
amendment. And then just on the rulemaking authority, I also pointed out that I
don't think it's advisable to have two departments making rules on one area of
Code, which is still the language in the bill. So I can't support this. I attempted
to provide some definitions that work, but they're not here. So we'll take the
vote. Go ahead
MS. KIMBALL: Chair, may I ?
CHR. INABA: We'll go ahead with the vote.
Vote on Bill 47: The motion to pass Bill 47, Draft 2, as amended to Draft 3,
Draft 3 on second and final reading was carried by the following
(Adopted) roll call vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, and Villegas —8.
Noes: Council Chair Inaba— 1.
Absent: None.
Excused: None.
Page 48
Hawaii County Council-15 June 4,2025
Res. 187-25: AUTHORIZES THE GRANT OF A GAS TANK AND PIPELINE
EASEMENT, UNDER A PORTION OF KAWAILANI FIRE STATION AND
HILO MUNICIPAL GOLF COURSE, IDENTIFIED AS TAX MAP
KEYS: 2-4-002-001 AND 2-4-002-128, SITUATED AT WAIAKEA, SOUTH
HILO, COUNTY AND STATE OF HAWAI`I
Allows for a grant of easement from the County of Hawaii to The Gas Company,
LLC, for a tank and underground pipeline purposes.
Reference: Comm. 299
Intr. by: Council Member Kimball (B/R)
Approve: LAAC-15
Vote on Res. 187-25: Ms. Kimball moved to adopt Res. 187-25 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 15.
Seconded by Mr. Onishi 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 24: AMENDS CHAPTER 25, ARTICLES 1, 2, 4, 5, AND 7, OF THE HAWAI`I
(Draft 5) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
TELECOMMUNICATION ANTENNAS AND TOWERS
(Planning Director Initiated)
The Windward and Leeward Planning Commissions forward their favorable
recommendations to remove the requirement for a use permit to establish
telecommunication antennas and towers in certain zoning districts, add
application requirements, and amend standards for the establishment of
telecommunication antennas and towers.
Reference: Comm. 110.120
Intr. by: Council Member Kierkiewicz (B/R)
Postponed: February 4 and 18; March 6;
April 1 and 15, 2025
Approve: PCPLUED-4
(Note: Comm. 110.153, from Council Member Ashley L. Kierkiewicz dated
June 3, 2025, transmitting proposed amendments to Bill 24, Draft 5, was
circulated.)
Page 49
Hawaii County Council-15 June 4,2025
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 24, Draft 5, on first
reading and adopt Policy Committee on Planning, Land
Use, and Economic Development Committee Report No. 4.
Seconded by Ms. Galimba.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: I appreciate the tremendous opportunity to have
shepherded this bill along with the Planning Department, and to work with this
body in Committee and community to resolve some of the concerns that were
brought forward. It incorporates elements of former Council Member Cindy
Evans' bill. And I think that we have arrived at something that we can all be
proud of and agreeable to.
Yesterday, there were some industry partners that work in the broadband
connectivity space that reached out to the Planning Department and my office
about wanting to ensure that broadband services were not at all impacted by
regulations for telecommunication antennas and towers. So, in order to talk about
this, I'm going to introduce a motion to amend Bill 24, Draft 5, with the contents
of Communication 110.153.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 24, Draft 5, with the
contents of Comm. 110.153. Seconded by Mr. Onishi.
MS. KIERKIEWICZ: Thank you. This is provided to members in their pinkie
(folder), and it adds to the definition that this is not applicable to broadband
services delivered through wireline technologies such as digital subscriber lines,
cable, and fiber to the premises. Director Darrow, I don't know if you want to
add anything else. Okay, if there are any questions, folks will be asking you.
Okay. Thank you, Chair, I yield.
CHR. INABA: Thank you. Any discussion? Pretty straightforward. All right.
All those in favor of amending Bill 24, Draft 5, with the contents of
Communication 110.153,please say "aye."
Vote on Motion to The motion to amend Bill 24, Draft 5, with the contents of
Amend: Comm. 110.153 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.
Page 50
Hawaii County Council-15 June 4,2025
Vote on Bill 24: The motion to pass Bill 24, Draft 5, as amended to Draft 6,
Draft 6 on first reading and adopt Policy Committee on Planning,
(Approved) Land Use, and Economic Development Committee Report
No. 4 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.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
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. 180-25: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH
THE UNIVERSITY OF HAWAI`I OFFICE OF RESEARCH SERVICES
Allows the County to provide a$14,805 grant to the College of Tropical
Agriculture and Human Resources to support its Master Food Volunteer Program.
Reference: Comm. 289
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-50
Vote on Res. 180-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 180-25 and
(Adopted) Finance Committee Report No. 50. Seconded by
Ms. Galimba and carried by the 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-15 June 4,2025
Res. 181-25: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH
THE UNIVERSITY OF HAWAI`I OFFICE OF RESEARCH SERVICES
Allows the County to provide a$125,000 grant to the Pacific Aquaculture and
Coastal Resource Center for permits and preliminary research to develop an
aquaculture project in Hilo Bay.
Reference: Comm. 290
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-51
(Note: Comm. 290.5, from Council Member Holeka Goro Inaba dated June 3,
2025, transmitting proposed amendments to Res. 181-25, was circulated.)
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 181-25 and
Finance Committee Report No. 51. Seconded by
Ms. Kagiwada.
Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Res. 181-25
with the contents of Comm. 290.5. Seconded by
Ms. Galimba.
CHR. INABA: This is my amendment. It simply makes clear that this resolution
is also authorizing a grant pursuant to Section 2-139(a)(3)(B) of the Hawaii
County Code. I ask for your support. All those in favor,please say "aye."
Vote on Motion to The motion to amend Res. 181-25 with the contents of
Amend: Comm. 290.5 was carried by the following voice vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Onishi, Villegas,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Kierkiewicz and Kimball —2.
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. 181-25. Seconded by Mr. Onishi and
(Approved) carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Onishi, Villegas,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Kierkiewicz and Kimball —2.
Excused: None.
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Hawaii County Council-15 June 4,2025
Vote on Res. 181-25: The motion to adopt Res. 181-25, as amended to Draft 2,
Draft 2 and Finance Committee Report No. 51 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Onishi, Villegas,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Kierkiewicz and Kimball —2.
Excused: None.
Res. 182-25: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH
THE STATE OF HAWAI`I, HAWAI`I HOUSING FINANCE AND
DEVELOPMENT CORPORATION
Allows for the receipt of$1,977,568 of federally-derived funds to be used towards
the Kuakini Heights Affordable Housing Project.
Reference: Comm. 292
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-52
Vote on Res. 182-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 182-25 and
(Adopted) Finance Committee Report No. 52. Seconded by
Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
Res. 183-25: AUTHORIZES INDEMNIFICATION OF CURRENT AND FORMER COUNTY
EMPLOYEES NAMED AS INDIVIDUAL DEFENDANTS IN THE LAWSUIT
KNOWN AS ARYN MITSUO YOSHIDA, ET AL. V. COUNTY OF HAWAI`I
ET AL., CIVIL NO. 3CCV-23-0000038 AGAINST ALL DAMAGES ASSESSED
Reference: Comm. 293
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-53
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 183-25 and
Finance Committee Report No. 53. Seconded by
Ms. Villegas.
CHR. INABA: Any discussion? Vice Chair Onishi.
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Hawaii County Council-15 June 4,2025
MR. ONISHL Thank you. Corporation Counsel?
(Note: At this time, Corporation Counsel Renee Schoen came forward to
address the members of the Council.)
MS. SCHOEN: Good afternoon. Renee Schoen, Corporation Counsel.
MR. ONISHL I just thought that at our last meeting I had suggested that we go
into Executive Session to discuss this. So you mentioned something to me earlier
about we could or
MS. SCHOEN: Well,just that if you had any questions further on the matter as it
related also to the other matter, that we could go into Executive Session and have
more of a conversation. I see that Deputy Corporation Counsel McKee is here if
there are any other questions regarding the resolution.
MR. ONISHL Yeah, okay. I'll leave it up to the Members if you folks want to
get more detail into what decision was made. I'll yield.
CHR. INABA: No further discussion or need to go into Executive Session?
Okay, we'll take the vote. All those in favor of approving Resolution 183-25,
please say "aye."
Vote on Res. 183-25: The motion to adopt Res. 183-25 and Finance Committee
(Adopted) Report No. 53 was carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
Res. 185-25: AUTHORIZES THE CONTINUED EMPLOYMENT OF LEONG KUNIHIRO
BROOKE & KIM, AS SPECIAL COUNSEL TO REPRESENT THE COUNTY
OF HAWAI`I, DEPARTMENT OF HUMAN RESOURCES, WORKERS'
COMPENSATION DIVISION
Extends the retention of Special Counsel Services with additional compensation of
$120,000 and total compensation not to exceed $420,000.
Reference: Comm. 297
Intr. by: Council Member Kagiwada(B/R)
Approve: GOEAC-43
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 6-5.5,
Hawaii County Charter
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Hawaii County Council-15 June 4,2025
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 185-25 and
Governmental Operations and External Affairs Committee
Report No. 43. Seconded by Ms. Galimba.
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. There was a request by
Corporation Counsel to postpone this measure.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to postpone Res. 185-25
Postpone: to June 18, 2025. Seconded by Mr. Hustace and carried by
(Approved) the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
Res. 190-25: AWARDS THE COUNTY OF HAWAI`I "WAIWAI"NONPROFIT
GRANTS-IN-AID FOR THE FISCAL YEAR 2025-2026
Awards grant funds in the amount of$2,520,000 to 66 programs operated by
eligible 501(c)(3) nonprofit organizations.
Reference: Comm. 306
Intr. by: Council Member Kimball
Waived: LAAC
(Note: Comms. 306.1 and 306.2, from Council Member Heather L. Kimball
dated May 28, 2025, transmitting figures depicting the distribution of Waiwai
nonprofit grant awards for FY 2025-2026 and a list of Waiwai grant applicants
that were not recommended grant awards for FY 2025-2026, respectively, were
circulated.)
Motion to Approve: Ms. Kimball moved to adopt Res. 190-25. Seconded by
Mr. Hustace.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: I want to make sure that you folks have a chance to look at the
report that's included in your pinkies in Communication 306.1. A really nice
graphical representation by our Special Assistant to the Chair Jessica Valdez. She
put it together, kind of giving you a representational overview of where all of
these funds are going and how they're distributed by various categories. I want to
really say that this program has significantly improved over the years, in large
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Hawaii County Council-15 June 4,2025
part due to just Jessica's help. I don't know if she's hiding over there, but she has
been really instrumental and just getting us more and more refined every year.
So, happy to take questions. As noted in our budget hearings, we did go slightly
over by 20,000 of our original allotment. But happy to answer any questions
about the resolution and the allotments.
CHR. INABA: All right.
MS. KIMBALL: I should also thank you, Chair, for the revised process of the
resolution. You started that.
CHR. INABA: Awesome. Thank you. Council Member Hustace.
MR. HUSTACE: Thank you, Chair. I just want to mahalo the ad hoc committee
that did the Waiwai and kind of ran through all the numbers. So, appreciate you
taking that heavy lift.
The question I had is for thank you for the communication as well, Council
Member Kimball, on those that did not qualify. And so I'm curious as to is there
a learning process that is shared out with these particular organizations, so that
they know what they can do better in the future or how to do their budget sheets?
Because some of them—sometimes a lot of them are like, okay, their scores are
based upon sometimes their budget sheets and how that's kind of laid out. So I'm
curious as to what sort of training apparatus they have to improve their standing in
the future.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: Thank you. So, when we determine that an entity is not going
to receive a GIA (grant-in-aid) from us, we do send them a letter indicating why
they did not receive the award. And we have this sort of standard list of the things
that disqualify folks. They're provided with the opportunity to contact Jessica to
get more information. And then we have—Jessica put all of these together—all
these training videos available on the Waiwai grant website. I put it out there to
my colleagues, if you have nonprofits in your district who were not awarded GIA
this year that have some questions about how to do it better, we have a plethora of
resources on that website, which they are directed to. So,yes. And they're
always welcome to call Jessica to discuss their specific problem. But there's
more than enough information available on the website.
MR. HUSTACE: Thank you, Council Member. I appreciate those details.
Thank you, Chair.
CHR. INABA: Thank you. Council Member Kagiwada.
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Hawaii County Council-15 June 4,2025
MS. KAGIWADA: Thank you, Chair. Yes, thanks to Jessica for this great
information. The only thing that I was wondering is, for the distribution across
areas served, what did you do because a lot I feel like several of the
applications were for island-wide services, or west side or east side or something
like that. Do you know what was used in determining those dollar amounts?
How they (inaudible)?
MS. KIMBALL: I don't know—I'll call Jessica down if you want to
MS. KAGIWADA: I can just ask her later.
MS. KIMBALL: They select, right, the areas that they are covering, or whether
or not they're island-wide. And so this is probably not exact but it's kind of based
on the formula of how you would have distributed based on where they said they
did service, though. It's not—it's inexact but it gets us pretty close.
MS. KAGIWADA: Okay. Thank you for that. I would be also just curious to
see how this aligns with the Council districts. I know that it's been said that
certain districts get a lot more than others thanI'm noticing that they're
definitely true in this play out. And it's always a balance, right. There's different
needs. But I think it would be good just to see that. Because, some people think
that certain areas get all the money or certain districts get all the funds, and it's
clearly not necessarily that way. So I would just like to see that graphic. Thank
you. I yield.
CHR. INABA: Ms. Valdez is walking in, but we can definitely get you that
information and share it to the Council as a whole. Yeah. Council Member
Villegas.
MS. VILLEGAS: Sorry, I was just a little confused because I'm looking at
Communication 306.1. And Figure 1 looks like it presents distribution of funds
based on areas served. Was Council Member Kagiwada looking for it to be
presented based on district versus council districts?
CHR. INABA: Yes.
MS. VILLEGAS: Okay.
CHR. INABA: And like I said, we can get that together within the week, and get
it to members of the Council.
MS. VILLEGAS: Okay. Thank you. I yield.
CHR. INABA: Thank you. Right, Jessica? Okay, thank you. All thoseI want
to state, because this is a Council grant program and again we're all trying to be
as transparent as possible here, the actual applications with the budgeted amounts
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Hawaii County Council-15 June 4,2025
are contained in the original communication that was transmitted from the
Finance Department to the Council. So those are also publicly available for
review. And those budget sheets and applications are made as exhibits to the
signed agreement with the County. So I just want to state that on the record.
Vice Chair Onishi.
MR. ONISHL And just for the record, Jessica also does the audit after. Right?
Yeah. So just to make the public understand that there is an audit that follows
that spending. Thank you.
CHR. INABA: Thank you. Before I forget, I do want to disclose one of the
proposed recipients in this resolution isI have an immediate family member
who is an employee of that nonprofit. I did not score or engage in any
conversation or discussion regarding that application. I don't think I need to
recuse myself since it's part of an entire list of eligible organizations who are
being recommended. But I did want to state that on the record, and that is
La`i`opua 2020. Thank you. All those in favor of approving Resolution 190-25,
please say "aye."
Vote on Res. 190-25: The motion to adopt Res. 190-25 was carried by the
(Adopted) 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.
Res. 191-25: 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 HAWAI`I
INTERNATIONAL SCIENCE EXPERIENCE FOR ITS FIVE-DAY SCIENCE
EXCURSION AROUND HAWAI`I ISLAND
Transfers $7,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 307
Intr. by: Council Member Kierkiewicz
Motion to Approve: Ms. Kagiwada moved to adopt Res. 191-25. Seconded by
Ms. Galimba.
CHR. INABA: Council Member Kagiwada.
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Hawaii County Council-15 June 4,2025
MS. KAGIWADA: Thank you. Council Member Kierkiewicz just asked me to
say a couple words, because I also supported this organization and this event.
She's providing funding so that they can have food for this event. But basically
it's Hawaii science students who are welcoming students from Japan here and
learning together about science. Japan has hosted the Hawaii students many
times, and it's their turn to show off what we're doing here on Hawaii Island. So
I'm happy to support.
CHR. INABA: Thank you. All those in favor of approving Resolution 191-25,
please say "aye."
Vote on Res. 191-25: The motion to adopt Res. 191-25 was carried by the
(Adopted) 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.
Res. 192-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS
21 ST ANNUAL CELEBRATION OF LIFE
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 308
Intr. by: Council Member Kierkiewicz
Motion to Approve: Ms. Kagiwada moved to adopt Res. 192-25. Seconded by
Mr. Hustace.
CHR. INABA: Council Member Kagiwada.
MS. KAGIWADA: Thank you. Once again, introducing for Council Member
Kierkiewicz. We were both at this event. She spoke eloquently about her support
for the annual Celebration of Life and some of her personal experiences. And I
spoke about how I think it's so important that they do this annually, so that when
people are ready to come out and do a celebration for their lost loved one with the
community, it is there and they don't have to be forced to try to do it on someone
else's timeline. But it's there every year. So it's a really wonderful event and I'm
happy to support. Thanks.
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Hawaii County Council-15 June 4,2025
CHR. INABA: Thank you. All those in favor of approving Resolution 192-25,
please say "aye."
Vote on Res. 192-25: The motion to adopt Res. 192-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
Res. 193-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY
DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE BIG ISLAND
DANCE COUNCIL'S 50THANNIVERSARY SHOWCASE
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 309
Intr. by: Council Member Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 193-25.
Seconded by Ms. Kagiwada.
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I look for everyone's support. Thank you.
CHR. INABA: Thank you. All those in favor, please say "aye."
Vote on Res. 193-25: The motion to adopt Res. 193-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
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Hawaii County Council-15 June 4,2025
Res. 194-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION
TO PURCHASE SUPPLIES FOR SIGNAGE IN COUNCIL DISTRICT 3
Transfers $1,467 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation,
Maintenance Other Current Expenses account.
Reference: Comm. 310
Intr. by: Council Member Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 194-25. Seconded by
Mr. Hustace.
CHR. INABA: Council Member Onishi.
MR. ONISHL Thank you, Chair. I'm going to mention what Ms. Villegas
always mentioned earlier today: the cart before the horse. So this is purchasing
all the supplies to get the 3D printer for Parks and Rec. (Recreation). So, this next
fiscal year, I'm getting them that 3D printer, and this is to help island wide for all
the signage that they will be doing for all our parks, our facilities,pavilions, and
whatever they need. So I ask for your guys' support. Thank you.
CHR. INABA: Thank you, Vice Chair Onishi, always with the island-wide park
initiatives. All those in favor of approving Resolution 194-25, please say "aye."
Vote on Res. 194-25: The motion to adopt Res. 194-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
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Hawaii County Council-15 June 4,2025
Res. 195-25: 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 NORTH
KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH
EXPENSES RELATED TO THE KOHALA COMMUNITY REUNION
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 311
Intr. by: Council Member Hustace
Motion to Approve: Mr. Hustace moved to adopt Res. 195-25. Seconded by
Ms. Kagiwada.
CHR. INABA: Council Member Hustace.
MR. HUSTACE: Thank you, Chair. Just welcome all your support. This is for
the Kohala community reunion, which happens every few years. They don't have
it every year. But it's a three-day event up in North Kohala around the 4 h of July
holiday. So really supporting community and all the activities and numerous
events that go on for three days. So, grateful for all your support. And I invite
you to attend. Thank you.
CHR. INABA: Mahalo. All those in favor of approving Resolution 195-25,
please say "aye."
Vote on Res. 195-25: The motion to adopt Res. 195-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
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Hawaii County Council-15 June 4,2025
Res. 196-25: 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 NORTH
KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH
EXPENSES RELATED TO THE KOHALA RIDE WILD CLUB IN NORTH
KOHALA
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 312
Intr. by: Council Member Hustace
Motion to Approve: Mr. Hustace moved to adopt Res. 196-25. Seconded by
Ms. Kagiwada.
CHR. INABA: Council Member Hustace.
MR. HUSTACE: Thank you, Chair. These funds would support the Kohala Ride
Wild Club. It gives keiki an opportunity to engage with our horses and cattle and
kind of get out there and develop horsemanship skills. So really supporting those
projects and really the paniolo heritage of North Kohala. So thank you for your
support.
CHR. INABA: Any further discussion? Seeing none, all those in favor of
approving Resolution 196-25, please say "aye."
Vote on Res. 196-25: The motion to adopt Res. 196-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
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Hawaii County Council-15 June 4,2025
Res. 209-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO ASSIST THE HAWAI`I POLICE
DEPARTMENT WITH PURCHASING EQUIPMENT TO PROMOTE PUBLIC
SAFETY
Transfers $23,998 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Police Department, Admin Division-
Equipment account.
Reference: Comm. 327
Intr. by: Council Member Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 209-25.
Seconded by Ms. Galimba.
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I look for everyone's support.
CHR. INABA: Thank you. All those in favor, please say "aye."
Vote on Res. 209-25: The motion to adopt Res. 209-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
Res. 210-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT PROVIDE A GRANT TO
CHANGEMAKERS COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION TO SUPPORT LOKAHI COWORKS EMPOWERING
RURAL SMALL BUSINESSES PROGRAM
Transfers $23,998 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Research and Development,
Business Development account.
Reference: Comm. 328
Intr. by: Council Member Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 210-25.
Seconded by Ms. Galimba.
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Hawaii County Council-15 June 4,2025
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This will take a second here. In our
audience today, we have Mr. Mosese Ohia. He is doing something quite amazing
here in Hilo to help our small business community. He's worked with R&D
(Research and Development) to get to where he is today. He's also part of a
recent trip to Japan, to take small businesses to Japan to put them in front of the
market in the Japanese economy, which is just tremendous. But I appreciate what
he's doing.
Do you want to say anything? Okay. But he is here and I will say this: He came
in yesterday with his son,prepped and ready. Not his son? Okay, well, hanai
son. Prepped and ready to give testimony. And I looked at him, and I always
catch him right at the door, and I was like, "Yeah, today or tomorrow." But he's
been—he comes in all the time. He really is committed, and he's doing
tremendous work. So I look for everyone's support. I just wanted to recognize
you. Thank you.
CHR. INABA: Any further discussion? Just taking this opportunity. Council
Member Kaneali`i-Kleinfelder, the point of these funds is to host a six-month
program to support 30 small business owners across Puna and the surrounding
communities. Are those organizations already preselected, or are people able to
apply? And if so, how can they get in touch?
MR. KANEALI`I-KLEINFELDER: Probably a better question for Mr. Ohia.
Now you've got to come up.
(Note: At this time, Mosese Ohia, cofounder of Lokahi Coworks, came
forward to address the members of the Council.)
CHR. INABA: Introduce yourself for the record.
MR. OHIA: Aloha. Mosese Ohia, representing Lokahi Coworks. Sorry, the
question was about the participation for organizations, small businesses. We do
not have preselected. We are taking applications. The application process will be
handled by Changemakers. And the data collection will be handled by ourselves,
alongside with Research and Development, because this is a pilot program that we
want to implement into the district and then see how it will be able to expand
island wide to support all districts.
CHR. INABA: Perfect, thank you. And the application becomes available?
MR. OHIA: The application becomes available in July.
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Hawaii County Council-15 June 4,2025
CHR. INABA: Okay, wonderful. Thank you. Just wanted to take the
opportunity to get people to apply. All those in favor of approving
Resolution 210-25, please say "aye."
Vote on Res. 210-25: The motion to adopt Res. 210-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Kierkiewicz and Villegas —2.
Excused: None.
Res. 211-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR MAINTENANCE AND/OR
IMPROVEMENT PROJECTS AT VARIOUS COUNTY PARKS AND
RECREATIONAL FACILITIES IN COUNCIL DISTRICT 3
Transfers $6,700 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation,
Transfer to Capital Projects Fund-General account.
Reference: Comm. 329
Intr. by: Council Member Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 211-25. Seconded by
Mr. Hustace.
CHR. INABA: Vice Chair Onishi.
MR. ONISHL This is just to give funding to Parks' maintenance to help provide
funding for any repairs or maintenance in District 3. I ask for your support.
CHR. INABA: Thank you. All those in favor, please say "aye."
Vote on Res. 211-25: The motion to adopt Res. 211-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Kierkiewicz and Villegas —2.
Excused: None.
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Hawaii County Council-15 June 4,2025
Res. 212-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS FOR
A MULTI-YEAR LEASE FOR ONE MULTIFUNCTION COPY MACHINE FOR
THE DEPARTMENT OF FINANCE
Authorizes the Mayor to enter into a five-year lease agreement with an approximate
monthly cost of$240, to be used by the department's Accounts and Budget
Divisions in Hilo.
Reference: Comm. 330
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Waived: FC
Vote on Res. 212-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 212-25.
(Adopted) Seconded by Mr. Hustace and carried by the following
voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Kierkiewicz and Villegas —2.
Excused: None.
Res. 213-25: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH
THE UNITED STATES FEDERAL HIGHWAY ADMINISTRATION(FHWA)
AND/OR 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
Allows for the receipt of$3,360,000 to be used towards the Smart Intersection
Demonstration Project to improve road safety and reduce accidents at high-risk
intersections.
Reference: Comm. 331
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 213-25.
Seconded by Ms. Kagiwada.
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. This was
waived by the department to expedite, as well as Bill No. 61, which is a
companion measure. We have the department joining us today. Maybe, Business
Manager Kalua-Lewis, do you want to give us just a brief background? And/or
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Hawaii County Council-15 June 4,2025
Planning and/or whoever wants to speak on this? This is cool. This is a big
opportunity for the County. So why don't you go ahead and kind of give us an
overview.
(Note: At this time, Business Manager Kelsey Kalua-Lewis, Public
Works Department, came forward to address the members of the Council.)
MS. KALUA-LEWIS: Hi. Good afternoon. Kelsey Kalua-Lewis, Public Works.
So,just to give you a brief overview of this project, it's something that started
with the prior Administration. And then this Administration is picking it up now.
It's a part of the Safe Routes for All program. This would be a demonstration and
planning project funded by FHWA and the State. I can let Shannon maybe
explain a little more.
(Note: At this time, Long-Range Planner Shannon Arquitola, Planning
Department, came forward to address the members of the Council.)
MS. ARQUITOLA: Good afternoon. Shannon Arquitola, Long-Range Planner
for Planning Department. About the project, it's something that was inspired by a
project done in Honolulu with Waipahu High School students working in
coordination with DOT. It uses Al (artificial intelligence) technology at certain
intersections to collect data. And what it does is it allows the students to analyze
the data and, in turn,provide potential solutions. And so the really cool thing
about this is that high school students, they'll see it from a different lens. We
being older, more mature people, we have a way of looking at things. But by
incorporating that aspect of it, we're hoping that they'll give us a really good idea
of outside-of-the-box solutions to potentially provide safer alternatives to our
roadways. Thank you.
MR. KANEALI`I-KLEINFELDER: Thank you. Just thinking on what was
provided, is this to actually improve the intersection, or is this to monitor and
view the intersection?
MS. ARQUITOLA: Thank you for the question. It's kind of data-gathering. So
the students are going to evaluate the data and provide solutions. So it's
temporary. It's going to be there just to do some monitoring. And then,
eventually, what we want to have happen is that we see solutions that, in
coordination with other agencies, like Public Works, we find things that we can
do to eventually improve. So this, in and of itself, is just collecting data and
looking at new solutions.
MR. KANEALI`I-KLEINFELDER: Okay. And thinking about schools island
wide, if there's no intersection near the school where we do have high traffic
areas or just spots where it's not an intersection, what then?
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Hawaii County Council-15 June 4,2025
MS. ARQUITOLA: So this particular project, there were five intersections
identified. So three of them are near Waiakea High School and UH (University of
Hawai`i). The other is just above Kai Store on Puainako. And the fifth one is at
the bottom of Pauahi. I didn't choose the intersections, but the intersections were
chosen. But the idea is that what we gather from this project, it can be applied
throughout the island.
MR. KANEALI`I-KLEINFELDER: Okay, thank you.
MS. KALUA-LEWIS: Just to add, the great thing about the planning and
demonstration grant isso, Safe Routes, they have different types of grants. So
this grant, this is like the first phase. And then, of course, if we want to apply for
the implementation grant, we can do so in future years.
MR. KANEALI`I-KLEINFELDER: The last one you mentioned was the Pauahi
intersection?
MS. ARQUITOLA: This is one of the intersections that was identified as a
potential to collect lots of data. Because what the Al is going to do is going to
detect near misses. And so the students will be able to look at that data and make
suggestions on what could have happened to prevent that.
MR. KANEALI`I-KLEINFELDER: No school tie-in, though. There's no school
there.
MS. ARQUITOLA: Yes.
MR. KANEALI`I-KLEINFELDER: Sorry. (Inaudible.)
MS. ARQUITOLA: Yes. Thank you. So I'm unsure of the prioritization.
MS. KALUA-LEWIS: Last that I heard, I'm kind of just getting involved more
as we start to pick this up, I thought it was Waiakea High School. That's the last I
heard.
MR. KANEALI`I-KLEINFELDER: Sorry, so yes to Pauahi or no to Pauahi?
MS. ARQUITOLA: Yes to Pauahi. It's one of the five. Correct.
MR. KANEALI`I-KLEINFELDER: But related to Waiakea High School's
traffic?
MS. ARQUITOLA: The other three are. Waiakea High School, the entrance
from Kapiolani, that's one of the intersections. Going further up, the second
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Hawaii County Council-15 June 4,2025
intersection is going to be at the main entrance of UH. And if you continue
further up Puainako, where there's Iwalani and Kawili. So mostly related and
then the additional intersections.
MR. KANEALI`I-KLEINFELDER: Okay. The last one. The Pauahi one's kind
of weird. If we're tying in schools, it doesn't make sense to me. But I guess I
trust in your departments.
MS. KALUA-LEWIS: Yeah, and maybe that's something that needs to be further
discussed by our departments collaboratively as we really kind of nail down the
scope of this. Yeah.
MR. KANEALI`I-KLEINFELDER: Or even, I would say, other districts with
more schools. Thank you.
MS. KALUA-LEWIS: Okay. Thank you.
CHR. INABA: Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. So,yeah, I'm just trying to understand
this a little. So you're going to be working with Waiakea students, and is it a
certain class that you're working with? Or is it an after-school project? What's
that going to look like?
MS. ARQUITOLA: The intent during the planning was to work with a specific
math class. So, previously, Barrett was managing this and he was in
communication with one of the math teachers at Waiakea High School. So my
understanding is it's still going to be most likely a math class at Waiakea High
School.
MS. KAGIWADA: Okay. And this one math class at Waiakea High School is
going to look at all five of these intersections.
MS. ARQUITOLA: That's probably something we need to discuss further. On
Oahu, the project that Waipahu worked on, they looked at one intersection. So,
for them, it was 25 students for one intersection.
MS. KAGIWADA: Right.
MS. ARQUITOLA: So that's part of the details that I think we will discuss
further.
MS. KAGIWADA: Yeah, I mean, if you haveI don't know if you have the
bandwidth, but I think involving some other students would be great. So, happy
to work with you if you need help there. Thanks, I yield.
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Hawaii County Council-15 June 4,2025
CHR. INABA: Council Member Villegas.
MS. VILLEGAS: I guess, selfishly, with the traffic issues we have in Kona and
being fairly an urban district, I would like to see some focus and some, yeah,
equitable distribution I suppose. But, as is often the case, it sounds like it will
start here. But the more that I am reading here, also establishment of a private 5G
or alternate wireless network enabling real-time communication between sensors,
cameras, and central systems for data processing and behavioral prediction. I do
have some concerns, so maybe it's good you're not starting that in Kona. I was
hopeful for just adaptive technologies for our stoplights to communicate with one
another so that that could be utilized to improve our traffic flows. Yeah, I
suppose I would love to see opportunities for inclusion on the west side where our
traffic issues are just as intensive, and we have so many fatalities. So just a point
of attention on that. So I yield.
CHR. INABA: Vice Chair Onishi.
MR. ONISHL Thanks, Chair. Looks good. I mean it's—but—for Waiakea High
School, I think Kino`ole and Kawili would have been a great intersection instead
of the entrance to the high school. Because, I think that's much more where
there's a lot of traffic, right, because you're going to have school traffic and you
also, yeah, like regular public, like people traveling to work and so forth,
especially during the mornings and afternoons, right. Too bad there's studies,
or hopefully the studies can help, I guess, to have these cameras done like in
Honolulu with DOT, with those running the red lights. If that can this can move
forward to get those systems placed on this island because—especially in Hilo.
Well, I can speak for in Hilo, but there's a lot of intersections that we see that cars
just go through the red lights. Unbelievable. And so something to consider I
guess. Thanks. Good job.
CHR. INABA: Thank you. Sorry,just real clear, this is a request that's starting
from the Mayor's office. So this program was specifically applied for just for
Hilo.
MS. KALUA-LEWIS: I don't have that information right now. Shannon and I
are here as support. Previous to this, Barrett was working on the project.
Karen Teshima from the Mayor's office will be taking over as point person for the
Mayor's office.
CHR. INABA: I will follow up. Thank you. All those in favor of approving
Resolution 213-25, please say "aye."
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Hawaii County Council-15 June 4,2025
Vote on Res. 213-25: The motion to adopt Res. 213-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 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):
(Note: Items in this category were taken up previously, out of order.)
Bill 54: AMENDS ORDINANCE NO. 24-33, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
DULY 1, 2024 TO JUNE 30, 2025
Appropriates excess fuel tax revenues collected from fiscal years 2022-2023 and
2023-2024 to the following projects totaling $1,493,554.75: Roadway Projects
($448,066.43), Bridge Inspection/Repair ($298,710.95), and Local Road Projects
($746,777.37). Funds for these projects shall be provided from fuel tax revenues,
in excess of what was projected in Ordinance No. 23-18.
Reference: Comm. 291
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-54
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawaii County Charter
Vote on Bill 54: Mr. Kaneali`i-Kleinfelder moved to pass Bill 54 on first
(Approved) reading and adopt Finance Committee Report No. 54.
Seconded by Ms. Villegas and carried by the following
voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
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Hawaii County Council-15 June 4,2025
Bill 55: 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 —HOME-American Rescue Plan
Program account($1,977,568); and appropriates the same to the HOME-American
Rescue Plan Projects account($1,817,225) and HOME-American Rescue Plan
Administration account($160,343), to be used towards the Kuakini Heights
Affordable Housing Project.
Reference: Comm. 292
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-55
Vote on Bill 55: Mr. Kaneali`i-Kleinfelder moved to pass Bill 55 on first
(Approved) reading and adopt Finance Committee Report No. 55.
Seconded by Mr. Onishi and carried by the following voice
vote:
Ayes: Council Members Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Hustace and Kierkiewicz—2.
Excused: None.
Bill 61: 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 —County of Hawaii Smart and Safe
Intersection Demonstration account($3,360,000); and appropriates the same to the
County of Hawaii Smart and Safe Intersection Demonstration account, to improve
road safety and reduce accidents at high-risk intersections.
Reference: Comm. 331
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Waived: FC
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Hawaii County Council-15 June 4,2025
Vote on Bill 61: Mr. Kaneali`i-Kleinfelder moved to pass Bill 61 on first
(Approved) reading. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Hustace and Kierkiewicz—2.
Excused: None.
Bill 62: 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 State Grants —SS4A-County of Hawaii Smart and
Safe Intersection Demonstration account($840,000); and appropriates the same to
the SS4A-County of Hawaii Smart and Safe Intersection Demonstration account
to cover the local cost share, to improve road safety and reduce accidents at high-
risk intersections.
Reference: Comm. 332
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Waived: FC
Vote on Bill 62: Mr. Kaneali`i-Kleinfelder moved to pass Bill 62 on first
(Approved) reading. Seconded by Ms. Galimba and carried by the
following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
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): (Note: Items in this category were taken up previously, out of order.)
Page 74
Hawaii County Council-15 June 4,2025
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
First Reading: May 21, 2025
Motion to Approve: Mr. Hustace moved to pass Bill 44 on second and final
reading. Seconded by Mr. Onishi.
CHR. INABA: Council Member Hustace.
MR. HUSTACE: Appreciate all of your support and the discussion around this
and the community members that came out to show support for this, and
providing parity for our homesteading community across the counties and overall
tax relief. So thank you for your consideration. Thank you, Chair.
CHR. INABA: Thank you. All those in favor, please say "aye."
MS. KAGIWADA: Chair?
CHR. INABA: Oh, sorry. Council Member Kagiwada, go ahead.
MS. KAGIWADA: That's okay. In full support. I was just wondering. Because
we're in budget season and this is happening and it's going to reduce our revenue,
is that going to be noted anywhere? In the budget process? Or how will we kind
of see that reflected just so we can keep track of that? Like I said, I'm fully
supportive. I'm just trying to understand. Oh, we have our Real Property Tax
Administrator here. Thank you.
(Note: At this time, Real Property Tax Administrator Lisa Miura, Finance
Department, came forward to address the members of the Council.)
MS. MIURA: Real Property Tax Administrator Lisa Miura. Yes, we did speak
with our Finance Director after the last hearing to make sure this was accounted
for since this came up through mid-budget. And she was aware and taking care of
the loss in revenue as a result of this bill.
MS. KAGIWADA: So will it be reflected in the final—if it passes, will it be
reflected then in the final budget? Or how will we kind of see where that—?
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Hawaii County Council-15 June 4,2025
MS. MIURA: Well, I can tell you from my perspectiveI don't handle the
budget—we just assess, do the programs, and collect. However, in your
certification of values, that already took into account 50 percent of all the values
under dispute, and we had a very low appeal season. And we've already been
scheduling the appointments and have had withdrawals. So it's reflected pretty
much already within.
MS. KAGIWADA: Okay. Okay, great. All right. Thank you so much.
MS. MIURA: You're welcome.
MS. KAGIWADA: I just wanted to understand the process. Thank you. I
support.
CHR. INABA: Vice Chair Onishi.
MR. ONISHL Just to clarify. So, once this gets passed and signed by the Mayor,
it's for the next half of the tax season. Correct?
MS. MIURA: So, actually, our tax season starts July I". And so the first bill is
due August 20''. So, during tax calculation, several of us work through that
weekend from the end of June through the first week in July to close out the fiscal
year end and everything we collected. And then we put in all the new tax rates if
anything changes, and then we produce the bills. And so everything has to
balance to the penny. So it's a lovely weekend for us. However, it will
actually—during that process, we will be doing adjustments to all of the parcels
so that their bills in August will be reduced. Because the way it's written, it goes
into effect already.
MR. ONISHL Oh, okay. Because, I'll be visiting my community in, I think, two
weeks from now so I can at least let them know.
MS. MIURA: Yeah, if it passes today.
MR. ONISHL Yeah. And I think it will with everybody's support.
MS. MIURA: That's what I understood.
MR. ONISHL Yeah, okay. Thanks, Lisa.
MS. MIURA: Yeah, I don't see Corp. Counsel telling me I'm wrong on this one.
So I believe we're right, but we are prepared to handle that.
MR. ONISHL Okay, thank you.
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Hawaii County Council-15 June 4,2025
CHR. INABA: All those in favor of approving Bill 44 at second and final
reading, please say "aye."
Vote on Bill 44: The motion to pass Bill 44 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
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
First Reading: May 21, 2025
Vote on Bill 45: Mr. Onishi moved to pass Bill 45 on second and final
(Adopted) reading. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
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)
First Reading: May 21, 2025
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Hawaii County Council-15 June 4,2025
Vote on Bill 48: Mr. Kaneali`i-Kleinfelder moved to pass Bill 48 on second
(Adopted) and final reading. Seconded by Mr. Hustace and carried by
the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
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)
First Reading: May 21, 2025
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 49 on second
and final reading. Seconded by Ms. Villegas.
Motion to Postpone: Mr. Kaneali`i-Kleinfelder moved to postpone Bill 49 to the
call of the Chair. Seconded by Mr. Onishi.
CHR. INABA: Administrator Costa, can you come forward and just explain this
to the Council?
(Note: At this time, Housing Administrator Kehaulani Costa came
forward to address the members of the Council.)
MS. COSTA: Good afternoon. Kehau Costa, Housing Administrator. These are
Federal funds awarded to the State. The State had two projects that they were
looking at. Initially, awarded the 1.5 million to Kukuiola, and just let us know
recently that the Federal award was not approved. So, postpone.
CHR. INABA: Thank you. So, with that, a resolution had already been
approved, but this was going to be the companion bill, which is at second and
final reading. So postponing to the call of the Chair at this point. Unfortunate.
But thank you for being here to explain. All those in favoroh, Council Member
Kagiwada.
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Hawaii County Council-15 June 4,2025
MS. KAGIWADA: Thank you. I just want to ask the Administrator just a little
more about this. The State had already said that it was going to go to this project,
and they were already counting on it. Was this money that was basically what
they call clawback? Or was this money that they were just trying to get ahead of
the game, and they got ahead of themselves and promised it before they actually
had it? Can you explain? Do you understand ?
MS. COSTA: I'm not entirely sure. We do have Royce Shiroma online if you
want specifics. I believe, and just in my understanding of how Federal awards
work, typically—so I believe there were two projects that they were considering
awarding, had given us the go ahead that it was going to be awarded to us. But,
typically, the Federal Government, or HUD, has to approve the action plan. So it
may have been that the action plan was not approved. Whether it was
MS. KAGIWADA: Did the other project get it?
MS. COSTA: I'm not certain. And I'm not sure that our office does know the
specifics.
MS. KAGIWADA: Okay. Do you have thoughts or a plan on how to backfill
this money?
MS. COSTA: So this award was not anticipated. The State was looking for
eligible projects that could be awarded. So this was additional to the funds that
we had anticipated for Kukuiola. It kind of came late in our funding.
MS. KAGIWADA: What was it going to be used for?
MS. COSTA: For Kukuiola Phase 2, infrastructure and development of
supportive housing.
MS. KAGIWADA: Okay. Well, I hope we can figure out a way to fund that
because that is super important, that I know that Kona really needs it. Okay. All
right. Well, look for ways to do that.
MS. COSTA: Yup.
MS. KAGIWADA: Thank you, I yield.
CHR. INABA: Thank you. All those in favor of postponing Bill 49 to the call of
the Chair, please say "aye."
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Hawaii County Council-15 June 4,2025
Vote on Motion to The motion to postpone Bill 49 to the call of the Chair was
Postpone: carried by the following voice vote:
(Approved)
Ayes: Council Members Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Galimba and Kierkiewicz—2.
Excused: None.
Bill 50: AMENDS CHAPTER 19, ARTICLE 11, SECTION 19-90, OF THE HAWAI`I
(Draft 2) 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. 241.2
Intr. by: Council Member Kagiwada and
Council Member Inaba
First Reading: May 21, 2025
Vote on Bill 50: Ms. Kagiwada moved to pass Bill 50, Draft 2, on second
Draft 2 and final reading. Seconded by Mr. Kaneali`i-Kleinfelder
(Adopted) and carried by the following voice vote:
Ayes: Council Members Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—7.
Noes: None.
Absent: Council Members Galimba and Kierkiewicz—2.
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)
First Reading: May 21, 2025
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Hawaii County Council-15 June 4,2025
Vote on Bill 56: Mr. Kaneali`i-Kleinfelder moved to pass Bill 56 on second
(Adopted) and final reading. Seconded by Mr. Onishi and carried by
the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
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)
First Reading: May 21, 2025
Vote on Bill 57: Mr. Kaneali`i-Kleinfelder moved to pass Bill 57 on second
(Adopted) and final reading. Seconded by Mr. Onishi and carried by
the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE for Executive Session.
SESSION:
Comm. 305: CLAIM AGAINST THE COUNTY OF HAWAI`UJOHN MULLEN &
COMPANY ON BEHALF OF DB INSURANCE CO. LTD., AS SUBROGEE
OF LIZZIE K. PANKEY
From Deputy Corporation Counsel Justin C. Lee dated May 13, 2025, requesting an
attorney-client confidential discussion to consult with the Council regarding the
above-entitled matter, including settlement discussion.
Page 81
Hawaii County Council-15 June 4,2025
Motion to Close Mr. Onishi moved to close file on Comm. 305. Seconded
File: by Ms. Villegas.
CHR. INABA: We have DCC (Deputy Corporation Counsel) Justin Lee here.
Do Members feel like we need to go into Executive Session to discuss? If not,
can I get a motion to approve the recommendation being requested in the matter
before us, as related to Communication 305 and as it relates to this case of
Lizzie K. Pankey.
Vote on Motion to Ms. Kagiwada moved to concur with the recommendation
Concur: of Corporation Counsel regarding Comm. 305. Seconded
(Approved) by Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
Vote on Comm. 305: The motion to close file on Comm. 305 was carried by the
Filed following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kierkiewicz— 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.)
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Hawai`i County Council-15 June 4,2025
ADJOURN- There being no further business, Chair Inaba adjourned the meeting at 4:04 p.m.
MENT:
SEP 0 3 2025
Council Approval:
CO RK
JH/dg
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