HomeMy WebLinkAboutMIN COUNCIL 2025-09-17 2024-2026 Hawaii County Council
23`'d Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
September 17, 2025
INVOCATION: Rabbi Levi Gerlitzky of Chabad Jewish Center of the Big Island gave the
morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 11:04 a.m., in the Council Chambers, Kailua-Kona, by Mr. Holeka Goro Inaba,
Chair.
ROLL CALL:
Present: Mr. Holeka Goro Inaba, Chair
Mr. Dennis "Fresh" Onishi, Vice Chair (via videoconference from Hilo)
Ms. Michelle M. Galimba, Member
Mr. James E. Hustace, Member
Ms. Jenn Kagiwada, Member
Mr. Matt Kdneali`i-Kleinfelder, Member (via videoconference from Hilo)
Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo)
Ms. Heather L. Kimball, Member(via videoconference from Hilo)
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 (There were none.)
EXPRESSIONS OF
CONDOLENCE:
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:
Hawaii County Council-23 September 17,2025
James Kaulukukui, Jr.: Res. 286-25 (Comm. 459), in support.
(representing Kuamo`o
Foundation)
Emily Naeole: Res. 286-25 (Comm. 459), comment; and
Res. 312-25 (Comm. 495), in support.
Smiley Burrows: Res. 286-25 (Comm. 459), in support.
John Matson: Bill 38, Draft 2 (Comm. 203.7), in support.
Cornelia Anguay: Res. 313-25 (Comm. 496), in support.
Iris Viacrusis: Res. 313-25 (Comm. 496), in support.
Leina`ala Sleightholm: Res. 286-25 (Comm. 459), in support.
Jan Marshall: Res. 286-25 (Comm. 459), in support.
Dell Otsuka: Bill 72, Draft 2 (Comm. 400.2), in opposition.
Sharon Moraes: Res. 286-25 (Comm. 459), in support.
Timothy Rowan: Res. 286-25 (Comm. 459);
(representing Black Sands Beach Res. 312-25 (Comm. 495); and
Property Owners Association and Bill 38, Draft 2 (Comm. 203.7), in support.
Malama O Puna)
Jeanette Bento: Res. 286-25 (Comm. 459), in support.
Eileen O'Hara: Res. 312-25 (Comm. 495);
(representing Malama O Puna Bill 38, Draft 2 (Comm. 203.7); and
And Hawaiian Shores Community Bill 72, Draft 2 (Comm. 400.2), in support.
Association)
Lehua Kaulukukui: Res. 286-25 (Comm. 459), in support.
(representing Keliipio-Kuamo`o
Foundation, Inc.)
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 June 5, 2025,
were approved.
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Hawaii County Council-23 September 17,2025
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
GOEAC-65 NOMINATION OF MACI L. WILSON TO THE BOARD OF APPEALS
(Comm. 462):
Requires Council
Confirmation by: September 20, 2025 (Section 13-4(k),
Hawaii County Charter)
Vote on GOEAC-65: Mr. Hustace moved to adopt Governmental Operations and
(Adopted) External Affairs Committee Report No. 65. Seconded by
Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
GOEAC-66 NOMINATION OF DAVID N. KUAHIWINUI TO THE KA`U COMMUNITY
(Comm. 463): DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: September 26, 2025 (Section 13-4(k),
Hawaii County Charter)
Vote on GOEAC-66: Ms. Galimba moved to adopt Governmental Operations
(Adopted) and External Affairs Committee Report No. 66. Seconded
by Mr. Hustace 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.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
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Hawaii County Council-23 September 17,2025
Res. 284-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO
ENTER A MULTI-YEAR AGREEMENT FOR ETHERNET COMPUTER
NETWORK SERVICES TO BE USED BY THE OFFICE OF THE
PROSECUTING ATTORNEY
Authorizes the Mayor to enter into a three-year agreement with an estimated cost of
$49,200 per year for wide area network services that would allow the department to
network and share data and resources between its four locations.
Reference: Comm. 455
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-79
Vote on Res. 284-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 284-25 and
(Adopted) Finance Committee Report No. 79. Seconded by
Ms. Galimba and carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 285-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO
ENTER A MULTI-YEAR AGREEMENT FOR INTERNET TELEPHONE
SERVICES TO BE USED BY THE OFFICE OF THE PROSECUTING
ATTORNEY
Authorizes the Mayor to enter into a five-year agreement with an estimated cost
of$260 per year for Voice-over-Internet-Protocol phone service at the office's
workroom located in the Kona Judiciary Complex.
Reference: Comm. 456
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-80
; and
Comm. 456.1: From Office of the Prosecuting Attorney Business Administrator Grant Nagata
requesting that Res. 285-25 be postponed to October 22, 2025.
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 285-25 and
Finance Committee Report No. 80. Seconded by
Ms. Galimba.
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
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Hawaii County Council-23 September 17,2025
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. As requested by the
department and Mr. Nagata, I'd like to make a motion to postpone
Resolution 285-25 to the October 22nd Council meeting.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to postpone Res. 285-25
Postpone: to October 22, 2025. Seconded by Mr. Hustace and carried
(Approved) 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.
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
RES. 286-25 The following individual registered to speak and came forward when called by
(COMM. 459): the Chair:
Eileen O'Hara: In support.
(representing Malama O Puna)
Res. 286-25: URGES THE DIRECTOR OF FINANCE TO PROCEED WITH THE
ACQUISITION OF HONOLULU LANDING IN THE DISTRICT OF PUNA
USING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION FUND
Urges the Director of Finance to acquire approximately 364.4 acres of land to
protect and preserve cultural and natural resources and open certain areas of the
property for educational, gathering, and cultural practices.
Reference: Comm. 459
Intr. by: Council Member Kierkiewicz
Approve: LAAC-21
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 286-25 and
Legislative Approvals and Acquisitions Committee Report
No. 21. Seconded by Mr. Hustace.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I just want to mahalo nui the
community for showing up big time during Committee in person, with Zoom, and
in written testimony. It's really heartening to see so many community members,
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Hawaii County Council-23 September 17,2025
nonprofits, lineal descendants step up and want to see this happen so that we can
protect this really important`aina which has many documented cultural and
archeological features.
I think at our last Committee discussion, Deputy Director Kekai had mentioned
that there was discussions with the agent representing the property owners. And
I'm not quite sure how much you're able to share at this point, but we welcome
you to provide any good news that you'd like to share.
(Note: At this time, Deputy Finance Director Malia Kekai came forward
to address the members of the Council.)
MS. KEKAL Thank you, Council Member. Malia Kekai, Deputy Director of
Finance. Yeah, I mean, great news. I was able to contact the agent, and he
conveyed to me that the owner's excited about this. I have already sent over an
offer. And for the most part, I think that they're in agreement. It's all subject to
appraisal, though. So, for people who are maybe concerned that we're paying
more than it's worth, we can't, right. In the Hawaii County Code, we are limited
to the appraised price. So the offer will be subject to appraisal, and we should be
getting that within 30 days.
MS. KIERKIEWICZ: That's really exciting news. I think this is long overdue.
As you know, it was placed on the list back in 2006 when Aunty Emily Naeole
was on the Council, and she had first introduced that resolution to authorize
finance director to enter into negotiations. So thank you so much for personally
being involved to help to get this over the finish line. Like so many have already
said, it's a tremendous opportunity to preserve this `aina for cultural natural
resource community benefit. And it's so great that so many folks are willing to
step up and steward this very special place. So, looking for everyone's continued
support on this resolution. Thank you, Chair. Thank you, Deputy, for being here.
CHR. INABA: Thank you. Any further discussion? Council Member Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Just wanted to mahalo
Ashley for bringing this forward. Gauging from the testimony, both written and
verbal, at Committee and Council hearings and listening to descendants come
forward and speak about the historic value of the property going back, it's
apparent how valuable this property is to the County and its residents. So mahalo,
Ms. Kierkiewicz, for bringing this forward. Thank you.
CHR. INABA: Thank you. With that, look forward to seeing this all the way
through the finish line. Thank you, Council Member Kierkiewicz. All those in
favor of approving Resolution 286-25, please say "aye."
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Hawaii County Council-23 September 17,2025
Vote on Res. 286-25: The motion to adopt Res. 286-25 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 21 was
carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 287-25: ACCEPTS THE DEDICATION OF A ROADWAY LOT IDENTIFIED AS
TAX MAP KEY: 2-4-080:044, SITUATED AT WAIAKEA, SOUTH HILO,
ISLAND, COUNTY, AND STATE OF HAWAI`I, FROM MAILANI
DEVELOPMENT, LLC
The landowner seeks to dedicate the roadway and all improvements for public
roadway purposes.
Reference: Comm. 460
Intr. by: Council Member Kimball (B/R)
Approve: LAAC-22
Motion to Approve: Ms. Kimball moved to adopt Res. 287-25 and Legislative
Approvals and Acquisitions Committee Report No. 22.
Seconded by Ms. Galimba.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: Just wanted to let folks know that Deputy Corporation Counsel
Ferguson is here to answer any questions with respect to this dedication. He
wasn't officially notified of the Committee hearing so he's here today.
CHR. INABA: Thank you. Council Member Hustace.
MR. HUSTACE: Thank you, Council Member Kimball. Just had a question on
some of the maps, if that's okay, because we didn't have that conversation in
Committee. So on the particular maps, there's, let's see, like an Exhibit B. It
shows that there are some existing easements on some of those properties. Is
there an intent in the future to have greater connectivity in that area?
(Note: At this time, Civil Engineer Melanie DeMello, Public
Works Department, came forward to address the members of the Council.)
MS. DEMELLO: Hi. Good morning, Council. Melanie DeMello, Deputy Chief
for the Public Works Engineering Division. In regards to easements, according to
other subdivision lots, there are some existing easements across the adjoining
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Hawaii County Council-23 September 17,2025
properties. And,yeah, if the question is about connectivity, that was the reason
for the south end of Mailani having those curves at the end for a possible future
connection. As far as whether or not those particular properties would be
obligated to improve those areas, I think it would depend on what their
development status is at the time they come in for any further subdivision or
rezoning.
MR. HUSTACE: So, without that sort of connectivity, how does it impact the
intersections further north at Pukana Street?
MS. DEMELLO: I'm sorry, I might not be familiar. The area you're talking
about is not adjacent to the subject dedication, but further north?
MR. HUSTACE: Yeah, so on the last page of the exhibit and of the transmittal
letter, there's aerial imagery and maps that show where the closest connection
point is. I'm just curious. I'm just trying toI see an exhibit. There are these
existing easements, but they may never be acted upon. And so I'm just kind of
curious what existing infrastructure exists at the closest connection point.
(Note: At this time, Deputy Corporation Counsel Sinclair Salas-Ferguson
came forward to address the members of the Council.)
MR. SALAS-FERGUSON: Council Member Hustace, Deputy Corporation
Counsel Sinclair Salas-Ferguson. I'm not sure which easements you're referring
to. I don't see easements in any of the documents.
MR. HUSTACE: On page 3 of the exhibits, there are some hash lines on
Ahe Street, the adjoining properties. So I'm assuming those are
MR. SALAS-FERGUSON: Are you talking about Exhibit B, the Dedication
Location Map?
MR. HUSTACE: That's correct,yeah.
MR. SALAS-FERGUSON: Sorry, I just heard a friend of DPW (Department of
Public Works) saying that those are road lots, not easements. And what was the
question regarding that road lot? Ahe Street I think is a road lot.
MR. HUSTACE: Yeah, but that road doesn't exist kind of in that adjacent space.
There is potential for connectivity in the future, correct? And I'm just curious
what—this road lot is being dedicated. What is the current infrastructure at the
intersection of Mailani Street and Pukana Street?
MR. SALAS-FERGUSON: I think that's Ahe Street, yeah. Is that what you're
referring to,just south of Mailani?
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Hawaii County Council-23 September 17,2025
MR. HUSTACE: No. Because this is kind of a cul-de-saca north-south
running cul-de-sac, and the closest intersection is to the north at Pukana Street.
Correct?
MR. SALAS-FERGUSON: Okay, so we found Pukana Street on the map. Could
you ask your question again? I'm sorry.
MR. HUSTACE: No, thanks. Because there's not that connectivity with
Ahe Street, because that is a future road project if it ever comes to be, so I'm just
curious on infrastructure capacity at the intersection of Pukana Street and
Mailani Street, and if it meets the needs of this connectivity and this addition of
this road extension.
MS. DEMELLO: Yeah, sorry about that. Yes, I understand the question now.
As far as this particular subdivision, they had the appropriate zoning to construct
this extension of Mailani. So at this time, there wouldn't be future, or there
wouldn't be improvements required at the intersection of Mailani and
Pukana Street. It wouldn't be something that the dedicator is obligated to
provide.
If it becomes a County road and there are future issues that need to be looked at,
then Public Works would be responsible as the road would now be County-
maintained to make those improvements. But at this time, there is not a
requirement to do so.
MR. HUSTACE: Okay. Thank you for the clarification. I appreciate the time
with you this morning, or midday now, but thank you so much. Thank you,
Chair.
CHR. INABA: Thank you. Any further discussion in Hilo? If not,just wanting
to confirm. So, when you're looking at Exhibit B at the map, the dedicated road
is that portion that runs between the lots. Right? Like Lot C1 and Lot C12, down
that corridor?
MR. SALAS-FERGUSON: Correct. It's got a hexagon and it says, "Road Lot"
in the middle. Yeah, it runs from yeah, exactly.
CHR. INABA: Thank you. All those in favor of approving Resolution 287-25,
please say "aye."
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Hawaii County Council-23 September 17,2025
Vote on Res. 287-25: The motion to adopt Res. 287-25 and Legislative
(Adopted) Approvals and Acquisitions Committee Report No. 22 was
carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 288-25: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE STATE OF HAWAI`I, THE COUNTY OF KAUA`I,
THE COUNTY OF MAUI, AND THE CITY AND COUNTY OF HONOLULU
FOR THE PURPOSE OF ADMINISTERING CERTAIN PROVISIONS OF
ACT 96, SESSION LAWS OF HAWAI`I 2025
Seeks to enter into a Memorandum of Understanding to facilitate a uniform
administration of transient accommodation taxes on cruise ships across the State.
Reference: Comm. 461
Intr. by: Council Member Kagiwada(B/R)
Approve: GOEAC-67
Motion to Approve: Ms. Kagiwada moved to adopt Res. 288-25 and
Governmental Operations and External Affairs Committee
Report No. 67. Seconded by Ms. Galimba.
CHR. INABA: Council Member Kagiwada.
MS. KAGIWADA: Thank you. We had a good discussion, but we do have, I
believe, DCC (Deputy Corporation Counsel) Wong here. Maybe you can give us
an update where we're at.
(Note: At this time, Deputy Corporation Counsel Keyra Wong came
forward to address the members of the Council.)
MS. WONG: Good afternoon. Keyra Wong, Deputy Corporation Counsel. Yes,
if you recall on September 2nd before Council Committee, I had provided
information that on August 27 h the plaintiffs in this case filed suit against the
State and also the four counties, essentially seeking to have a court find that the
State law violates Federal law, and asking the court to prohibit the State and the
counties from implementing Act 96.
So I confirmed with the litigator on the case. The soonest the motion for a
preliminary injunction can be heard is not until November 5 h. So it's a while
away from now, and we probably won't have a decision until mid-November. So
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Hawaii County Council-23 September 17,2025
our recommendation is that the County Council either postpones to the call of the
Chair until the time that either the preliminary injunction hearing has an order
from the court, or until the lawsuit is disposed of completely. I can answer any
questions.
MS. KAGIWADA: All right, I'm going to turn it back for people to ask
questions.
CHR. INABA: Any further discussion? If not, we can take that motion if
someone is so inclined to do so. Council Member Hustace.
MR. HUSTACE: Not necessarily like a legal question, so it's actually more
directed towards I think it was—or maybe you could help here, Ms. Wong, but
last conversation I inquired about the taxes collected by the State and/or counties
by cruise ship lines. So I don't know if you had information on that.
MS. WONG: Thank you for the question. I believe Finance Director Diane
Nakagawa and also Wilson Crider are in Hilo chambers. Thank you.
MR. HUSTACE: Thank you, Ms. Wong.
(Note: At this time, Finance Director Diane Nakagawa came forward to
address the members of the Council.)
MS. NAKAGAWA: Good afternoon, Council Members. Diane Nakagawa,
Finance Department. Wilson Crider is also here today. He's our TAT (Transient
Accommodations Tax) Manager. Yes, happy to answer those questions. I do
want to let you know, as of this morning the counties did meet. So an update on
where they're at: Maui is still holding on the MOU (Memorandum of
Understanding). So is Kauai. City and County did go ahead and sign the MOU.
The question was on the other taxes and fees that are collected. There are docket
rate fees collected by the State of Hawaii Department of Transportation, as well
as port entry fees. There are rates and a table; I can certainly provide that. These
are collected by the State. It is based on the vessel length. So depending on
basically the size of the ship. So those are collected by the State and not by the
County.
MR. HUSTACE: Thank you, Director. I appreciate that information. Thank
you, Chair.
CHR. INABA: Thank you. Any further discussion?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
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Hawaii County Council-23 September 17,2025
MR. KANEALI`I-KLEINFELDER: Thank you. Director Nakagawa, so the
State collects currently. Does the County receive a portion of that?
MS. NAKAGAWA: Of these fees, we do not.
MR. KANEALI`I-KLEINFELDER: If the MOU was to be approved per Act 96,
what would the counties receive?
MS. NAKAGAWA: They anticipated Hawaii County revenue is estimated at
1.5 million from 1-1-2026 through 6-30-2026.
MR. KANEALI`I-KLEINFELDER: So for a six-month period. And then that
would this would be forever on, then. Sorry, each six months, roughly 1.5 but it
would grow as time went by, estimated.
MS. NAKAGAWA: Estimated. I think there is an—at the moment, we are
estimating a little bit lower moving forward.
MR. KANEALI`I-KLEINFELDER: Okay.
MS. NAKAGAWA: But what the MOU does is allow the State to change their
form to put the applicable destinations and the information on the form for the
cruise ships to fill out.
MR. KANEALI`I-KLEINFELDER: Okay. And then is there a limit on what the
funds can be used for should the MOU and Act 96 be approved?
MS. NAKAGAWA: For the County revenue collection, it will be used as all of
our other TAT collection.
MR. KANEALI`I-KLEINFELDER: Okay, thank you.
MS. KIMBALL: Chair, a quick comment.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: Director,you mentioned that City and County has signed the
MOU. When we postpone this, can we get a copy of that agreement, which is, I
presume, the same one that we will sign?
MS. NAKAGAWA: We can request that.
MS. KIMBALL: Okay, great. Thank you. I yield, Chair.
CHR. INABA: Thank you. Council Member Kagiwada.
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Hawaii County Council-23 September 17,2025
Vote on Motion to Ms. Kagiwada moved to postpone Res. 288-25 to the call
Postpone: of the Chair. Seconded by Mr. Hustace 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.
Res. 306-25: AUTHORIZES THE CONTINUED EMPLOYMENT OF LEONG KUNIHIRO
BROOKE & KIM AS SPECIAL COUNSEL TO REPRESENT THE
DEPARTMENT OF HUMAN RESOURCES, WORKERS' COMPENSATION
DIVISION
Seeks to extend the retention of special counsel services for an additional period of
time not to go beyond December 29, 2025.
Reference: Comm. 486
Intr. by: Council Member Kagiwada(B/R)
Waived: GOEAC
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 6-5.5,
Hawaii County Charter
Motion to Approve: Ms. Kagiwada moved to adopt Res. 306-25. Seconded by
Mr. Hustace.
CHR. INABA: Any discussion?
MS. KAGIWADA: Just wanted to say that I waived this to Council on the
request of Corporation Counsel. Is Assistant Corporation Counsel J Yoshimoto
over there?
MS. KIERKIEWICZ: He's approaching.
MS. KAGIWADA: Okay, great.
(Note: At this time, Assistant Corporation Counsel J Yoshimoto came
forward to address the members of the Council.)
MR. YOSHIMOTO: Good afternoon, Council Members. J Yoshimoto, Assistant
Corporation Counsel. Also with me today is Corinne Sato from Workers'
Compensation Division.
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Hawaii County Council-23 September 17,2025
MS. KAGIWADA: Thank you, Assistant Corporation Counsel Yoshimoto.
Would you please just give us a little briefing on this, since this is the first time
we're actually seeing it. Thank you.
MR. YOSHIMOTO: Okay. So, earlier this year, a few months ago, we had
requested the Council pass resolutions to increase the amount. I think at that time,
Ms. Tokihiro indicated that the current contract was set to expire on
September 30''. And so this is the resolution requesting authorization to extend
that contract. Right now, we're in the process of going through the professional
services procurement to select special counsel to move us forward from this
period.
So basically, we're looking at an additional 90 days to finish that process and
hopefully select another special counsel, or the same one depending on how that
process works out, to assist us with workers' compensation cases.
MS. KAGIWADA: Thank you so much. I yield.
CHR. INABA: Thank you. Any further discussion on this resolution? Vice
Chair Onishi.
MR. ONISHL Thank you, Chair. Question. So what's the results we've been
getting? Is it positive by having this firm here working with us?
(Note: At this time, Workers' Compensation Claims Specialist Corinne
Sato came forward to address the members of the Council.)
MS. SATO: Yes, the results with Leong Kunihiro Kim and Brooke [sic] have
been positive. We've seen a decrease in claims due to claims closures through
their ability to resolve cases, especially the complex ones. So there is a decrease
in, at least a couple years' decrease, in claims cost and a decrease in a number of
open claims. So we are very pleased with their work so far.
MR. ONISHL Oh, okay. And then so cases that have been, for a while they've
been reduced to a minimum. How is it?
MS. SATO: They are decreasing the ones that have been open for a while. The
very complex ones that happen could be very costly to the County. So it is in the
County's best interest to
MR. ONISHL So this is a great investment for us.
MS. SATO: Yes.
MR. ONISHL Great. Okay.
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Hawaii County Council-23 September 17,2025
MS. SATO: With this firm. I agree.
MR. ONISHL Okay, thank you very much for the info. I yield, Chair. Thanks.
CHR. INABA: Thank you. All right, with that, all those in favor of approving
Resolution 306-25, please say "aye."
Vote on Res. 306-25: The motion to adopt Res. 306-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kierkiewicz, Kimball, Onishi, Villegas,
and Chair Inaba—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Res. 307-25: APPROVES THE HAWAI`I COUNTY COUNCIL LEGISLATIVE PROPOSALS
AND PRIORITIES TO BE CONSIDERED FOR INCLUSION IN THE
2026 HAWAI`I STATE ASSOCIATION OF COUNTIES LEGISLATIVE
PACKAGE
Includes proposals relating to repealing the preemption of local authority to regulate
tobacco products; allowing the counties to request a State land use boundary
amendment from agricultural to rural districts for small, contiguous parcels;
requiring denitrification in individual wastewater systems under certain conditions;
extending the county surcharge of the general excise tax until 2040; establishing a
Homeless Services Fund to be funded through certain adjustments to the
conveyance tax; and adding preferences for an applicant's place of employment
relative to the location of a housing project, status as a state or county employee,
and status as a returning student when considering applications for housing
assistance under Chapter 201H, Hawaii Revised Statutes. Also includes eight
policy priorities relating to: (1) increasing funds for emergency preparedness;
(2) increasing accessibility and transparency regarding the use of public funds for
state transportation projects and highway maintenance; (3) workforce development;
(4) water viability and usage, and watershed monitoring and stewardship;
(5)responsible game management of wild ungulates; (6)promoting producer
responsibility for solid waste; (7)wastewater infrastructure, cesspool conversion
and related financing; and (8)prioritizing and increasing safe routes to school.
Reference: Comm. 490
Intr. by: Council Member Kimball
Waived: GOEAC
Motion to Approve: Ms. Kimball moved to adopt Res. 307-25. Seconded by
Ms. Kagiwada.
Page 15
Hawaii County Council-23 September 17,2025
CHR. INABA: Council Member Kimball.
MS. KIMBALL: Thank you. This is part of our procedure with respect to
developing the HSAC (Hawai`i State Association of Counties) legislative
package. As you recall, we had discussion about everybody's priorities a month
or so back, and then this list was compiled from that discussion. This gets
forwarded to the HSAC Executive Committee, which will go through the
proposals from all four counties and then come back to us again as a full package,
including any bills, resolutions, or priorities from all four counties.
Just asking for folks to support this so that we can move it along. We are a little
bit behind because we did delay that conversation by two weeks, if you recall,
because of the length of a particular Committee meeting. There will be a second
bite at the apple of this when it comes back from the HSAC Executive
Committee. Happy to take any questions from my colleagues.
CHR. INABA: Discussion? Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. To Ms. Kimball: Hearing that
some of the HSAC directives are touching on IWS (individual wastewater
system) and wastewater, and then watching a project proceed in Hawaiian Acres
for their community association rebuild, but even in being—in watching the entire
process from DOH (Department of Health), County engineering, community, and
seeing this frustration even in the professionals' arena, and how the rules and
requirements for wastewater systems—and this is specifically in the area that
there's not enough sewer—are being addressed by DOH and not receiving a lot of
feedback from my own State representatives or senators, as I have spoken to them
about this, what kind of direction do you think we'll be able to make, or positive
impact they'll make with this HSAC deliverance? And will it deliver in that
arena?
MS. KIMBALL: Chair, may I respond?
CHR. INABA: Go ahead.
MS. KIMBALL: I have been getting a lot of feedback about DOH, too, with
projects in my district—well, across the County, frankly. I'd actually love to give
Council Member Onishi a chance to respond to this, because I know that it's part
of the conversation that is part of the speed task force with DOH with Ilagan's
group. I don't know if you folks talked at all with DOH on your meeting on the
1 11', but I think that task force might be the better opportunity to address some of
the DOH issues with permitting as opposed to through the HSAC package.
CHR. INABA: Vice Chair Onishi.
Page 16
Hawaii County Council-23 September 17,2025
MR. ONISHL Thank you, Chair. At that meeting that they had in Honolulu, I
couldn't attend, even through Zoom, because I wasn't available. So I really don't
know what happened on that meeting,yes.
MS. KIMBALL: A quick follow up if I may, Chair?
CHR. INABA: Go ahead.
MS. KIMBALL: I had an opportunity to speak with Rep. (Representative) Ilagan
before the meeting. I also wasn't able to attend. He did say that his intention was
to form a permitted interaction group specifically to focus on DOH issues with
respect to IWS development and the permitting process and where the delays are
in that.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. In response, I watched
Mr. Ilagan's presentation. He spoke to the Chamber of Commerce recently. I
didn't feel fully inspired, let's just say that. So I hope today will be some
movement. Hopefully, this packet we're sending forward to the folks above us
will do some good in that arena. Thank you for the moment, Chair. I yield.
CHR. INABA: Thank you. Any further discussion? Seeing none, all those in
favor of approving Resolution 307-25, please say "aye."
Vote on Res. 307-25: The motion to adopt Res. 307-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 308-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII FARMERS UNION
FOUNDATION TO ASSIST WITH EXPENSES FOR THE 2025 HAWAII
FARMERS UNION CONVENTION
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 491
Intr. by: Council Member Inaba
Page 17
Hawaii County Council-23 September 17,2025
Motion to Approve: Mr. Hustace moved to adopt Res. 308-25. Seconded by
Ms. Villegas.
CHR. INABA: This is my office's CRF (Contingency Relief Fund)resolution,
and we are seeking to support this conference, which happens to be taking place
in Kona, October 24 h to the 26�' of this year, at Kahalu`u Manowai. We invite
the public to attend and learn and share about best farming practices. This is a
statewide conference convention. I ask for your support. All those in favor of
approving Resolution 308-25, please say "aye."
Vote on Res. 308-25: The motion to adopt Res. 308-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Kagiwada— 1.
Excused: None.
Res. 309-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII FARMERS UNION
FOUNDATION FOR ITS 2025 STATE ANNUAL CONVENTION
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 492
Intr. by: Council Member Galimba
Motion to Approve: Ms. Galimba moved to adopt Res. 309-25. Seconded by
Mr. Hustace.
CHR. INABA: Council Member Galimba.
MS. GALIMBA: Thank you. Same event as the previous. I thank everyone for
their support for this event.
CHR. INABA: Thank you. All those in favor of approving Resolution 309-25,
please say "aye."
Page 18
Hawaii County Council-23 September 17,2025
Vote on Res. 309-25: The motion to adopt Res. 309-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Kagiwada— 1.
Excused: None.
Relinquish Chair: At this time, Chair Inaba relinquished the chair to Acting
Chair Villegas.
Res. 310-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE
CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2025 HAWAI`I
ISLAND SAKADA DAY CELEBRATION
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Research and Development,
Tourism Promotion account.
Reference: Comm. 493
Intr. by: Council Member Galimba
Motion to Approve: Ms. Galimba moved to adopt Res. 310-25. Seconded by
Mr. Hustace.
ACTING CHR. VILLEGAS: All those in favor of approving Resolution 310-
25oh.
MS. GALIMBA: It's okay. I just think
ACTING CHR. VILLEGAS: Just moving forward.
MS. GALIMBA: Yeah. Thanks to the testifiers who came to talk about the
Sakada Day celebration.
ACTING CHR. VILLEGAS: Perfect. Thank you, Council Member Galimba.
All those in favor of approving Resolution 310-25,please say "aye."
Page 19
Hawaii County Council-23 September 17,2025
Vote on Res. 310-25: The motion to adopt Res. 310-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, and Acting Chair Villegas —8.
Noes: None.
Absent: Council Member Inaba— 1.
Excused: None.
Res. 311-25: 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 ARC OF KONA FOR ITS
KONA KRAFTS GROUP HOME MAINTENANCE PROJECT
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Research and Development,
Business Development account.
Reference: Comm. 494
Intr. by: Council Member Galimba
Relinquish Chair: At this time, Acting Chair Villegas relinquished the chair to
Chair Inaba.
Motion to Approve: Ms. Galimba moved to adopt Res. 311-25. Seconded by
Ms. Villegas.
CHR. INABA: Council Member Galimba.
MS. GALIMBA: Thank you. So this is some funding to this organization that
runs the last home for folks with developmental intellectual disabilities on this
island. They needed some help with maintenance of this facility. So I ask for my
colleagues' support.
CHR. INABA: Thank you. All those in favor of approving Resolution 311-25,
please say "aye."
Vote on Res. 311-25: The motion to adopt Res. 311-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Page 20
Hawaii County Council-23 September 17,2025
Res. 312-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR THE
1 sT ANNUAL SMOKE IT UP FESTIVAL
Transfers $7,500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 495
Intr. by: Council Member Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 312-25. Seconded
by Mr. Hustace.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Testifiers did a really great job
promoting this inaugural event. What we are trying to do for wild pua`a in Puna
is position it to be heavily sought after in the way that folks have transformed
Axis deer on Maui into a very much sought-after venison. So this upcoming
inaugural festival on Saturday, October 25 h, at Maku`u Market will feature more
than a dozen chefs, including Mark Noguchi of Pili Group, Kwai-Chang Publico
of So Juicy, Keoni Regidor of Lehua Restaurant, Mills Stovall of Waimea
Butcher Shop, and Chef Jayson Kanekoa. And more folks will be showcasing
really unique presentations of how you can utilize a pesky resource in your yard
and make it a really tasty treat.
So go to smokeitup808.com for more information and to purchase tickets.
It's going to be a really wonderful event. I just want to highlight that
Ka`ikena Scanlan with the very famous "Smoke All Day" song will be
performing. So join us. I yield.
CHR. INABA: Okey .dokey. Thanks palala. All those in favor of approving
Resolution 312-25, please say "aye."
Vote on Res. 312-25: The motion to adopt Res. 312-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Page 21
Hawaii County Council-23 September 17,2025
Res. 313-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE
CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2025 SAKADA
DAY CELEBRATION
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Research and Development,
Tourism Promotion account.
Reference: Comm. 496
Intr. by: Council Member Kimball
Motion to Approve: Ms. Kimball moved to adopt Res. 313-25. Seconded by
Mr. Hustace.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: Just asking for my colleagues' support. Happy to join some of
them in supporting this important event. Thank you.
CHR. INABA: Wonderful. All those in favor,please say "aye."
Vote on Res. 313-25: The motion to adopt Res. 313-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 314-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII FARMERS UNION
FOUNDATION FOR ITS 2025 HAWAII FARMERS UNION STATE
CONVENTION
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 497
Intr. by: Council Member Kimball
Motion to Approve: Ms. Kimball moved to adopt Res. 314-25. Seconded by
Mr. Hustace.
Page 22
Hawaii County Council-23 September 17,2025
CHR. INABA: Council Member Kimball.
MS. KIMBALL: Just asking for my colleagues' support. Mahalo.
CHR. INABA: All those in favor of approving Resolution 314-25, please say
Ic aye.
Vote on Res. 314-25: The motion to adopt Res. 314-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 315-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO NORTH KOHALA
COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES FOR
KOHALA KUPUNA DAY
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 498
Intr. by: Council Member Hustace
Motion to Approve: Mr. Hustace moved to adopt Res. 315-25. Seconded by
Ms. Villegas.
CHR. INABA: Council Member Hustace.
MR. HUSTACE: Thank you, Chair. Just looking for my colleagues' support as
we recognize and honor our kupuna in North Kohala. And I appreciate your
consideration. Thank you.
CHR. INABA: Thank you. All those in favor, please say "aye."
Page 23
Hawaii County Council-23 September 17,2025
Vote on Res. 315-25: The motion to adopt Res. 315-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
Res. 316-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII FARMERS UNION
FOUNDATION FOR ITS 2025 HAWAII FARMERS UNION CONVENTION
Transfers $10,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 499
Intr. by: Council Member Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 316-25. Seconded by
Mr. Hustace.
CHR. INABA: Council Member Villegas.
MS. VILLEGAS: I just want to thank all of my colleagues who contributed to
this upcoming convention. I think it's going to be really exciting. It's actually
happening in my district. So it's just really wonderful to see all of us come
together to support this collaborative work in strengthening our resilience and
regenerative capacity in agriculture. I yield.
CHR. INABA: Thank you. All those in favor of approving Resolution 316-25,
please say "aye."
Vote on Res. 316-25: The motion to adopt Res. 316-25 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
Page 24
Hawaii County Council-23 September 17,2025
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
Bill 75: REPEALS SECTION 5 OF ORDINANCE NO. 22-94 AND AMENDS
CHAPTER 18, ARTICLE 4, DIVISION 1, SECTION 18-90, OF THE HAWAI`I
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
FARES FOR PUBLIC TRANSPORTATION
Extends the temporary suspension of fares for all mass transit riders through
December 31, 2028. The fare suspension will not apply to County-contracted
shared-ride services or curb-to-curb van services operated by the Department of
Parks and Recreation.
Reference: Comm. 429
Intr. by: Council Member Hustace (B/R)
Approve: PCPWMT-5
Motion to Approve: Mr. Hustace moved to pass Bill 75 on first reading and
adopt Policy Committee on Public Works and Mass Transit
Committee Report No. 5. Seconded by Ms. Kagiwada.
CHR. INABA: Council Member Hustace.
MR. HUSTACE: Thank you, Chair. I'm just asking Hilo if Administrator
Bergum is in the audience there.
MR. KANEALI`I-KLEINFELDER: Yes, he is.
MS. KIERKIEWICZ: He's approaching.
MR. HUSTACE: Fantastic. Thank you. We had a nice discussion at Committee
level on the impacts and the forthcoming work conducted by Mass Transit as we
look at that extension of the timeline to 2028, as that 2025 deadline is right around
the corner. And then, Administrator Bergum,just had a question for you. One of
the items of testimony that we received talked about security on our bus routes.
And if you could just elaborate on that a little bit and share the services that we
provide, and kind of in the regional areas as well.
(Note: At this time, Assistant Mass Transit Administrator Zachary
Bergum came forward to address the members of the Council.)
MR. BERGUM: Yes. Aloha, Council Members and Chair. Zach Bergum here,
Administrator for Mass Transit Agency. So, from what I understand,just to talk a
little bit about security services that Mass Transit provides overall. Is that
correct?
Page 25
Hawaii County Council-23 September 17,2025
MR. HUSTACE: That's correct, Administrator.
MR. BERGUM: So,yes. So, Professional Protective Services currently assist us
with security services at the bus terminal. We also work with Aloha Security.
They help us out with Prince Kuhio Plaza, as well as Puna Kai and also our gate
that kind of leads back to our facility at the base yard. And then we also work
with American Guard Services, which they help us out with putting guards
actually on the buses. So en route to destinations for folks that are actually riding
the buses.
MR. HUSTACE: Administrator, those riding security members, are they on
routes across the County?
MR. BERGUM: They alternate between all 23 routes that we have.
MR. HUSTACE: Okay. Because one of the pieces of testimony we received, and
it was just a comment in regards to the west side of the island and our resort and
hotel communities, they were requesting that security also be provided on some of
those legs as well. I'm not sure if you've had reports of incidences on routes on
the west side entering kind of the resort communities?
MR. BERGUM: Yes. We alternate those routes. I wish we had security guards
on all of the buses, but we don't have that many, right. So they just alternate just
different routes. But we like when we get community feedback when there are
issues or anything that arises. We talk internally about this as well. If there is any
type of routes of interest at that time, we assign them to those routes. We're
always in contact with their leadership as well.
MR. HUSTACE: Thank you, Administrator. And we talked at Committee about
that timeline and that projected time needed to implement a fair collection system.
So we had a nice robust conversation about that and what it's going to take on
your behalf and the department's behalf to move that forward, as we have now
this extension potentially here that would have to be kind of worked into your
calendar to ensure that we spend the appropriate dollars, and then implement
those systems on our buses moving forward if that case may come. So definitely
some work to do on that behalf. And I appreciate you being with us here today to
kind of answer a couple of those questions. Thank you.
MR. BERGUM: Yes, of course. Thank you very much.
CHR. INABA: Any further discussion in Hilo? Vice Chair Onishi.
MR. ONISHL Just to add on to Council Member Hustace, those County buses,
they have cameras on their buses?
Page 26
Hawaii County Council-23 September 17,2025
MR. BERGUM: Most of which a lot of these buses that we do have right now,
these are older buses from Oahu.
MR. ONISHL So do you have numbers of how many total County buses we
have, and how many are with cameras?
MR. BERGUM: Yes, we have that listing.
MR. ONISHL Okay. Can you provide that to all the
MR. BERGUM: Absolutely.
MR. ONISHL Because you know why? If they have cameras, then I don't think
you folks would need to have those securities on those buses. Right? Because
then you can use the cameras for that, and that's part of the evidence you folks
can use too.
MR. BERGUM: And we do. Yes, absolutely. We rely heavily on that.
MR. ONISHL Right. And then I know maybe Roberts might not have those
cameras, right. So that's where—out of all your fleet that you're using island
wide, what is the percentage, or how many buses are you folks contracting
Roberts to use?
MR. BERGUM: What is the split between Roberts Hawaii and ours?
MR. ONISHI: Yes.
MR. BERGUM: I would say anywhere from 15 to 20, given per the day.
Maintenance issues and whatnot, our mechanics were getting the County buses,
and we had over 21 buses in operation just last week. They fluctuate. It's a wave.
But anywhere from 15 to 20 per the day.
MR. ONISHL Each?
MR. BERGUM: Yes.
MR. ONISHL Okay. Because I see, sometimes, Roberts on Saddle Road; I guess
the engine overheats or something overheats.
MR. BERGUM: Saddle Road is a hard one, and so we're looking at procuring
three refurbished MCI (Motor Coach Industries) buses now that we plan to run
that same route on Saddle. Different style of bus,unlike a Gillig that you see
running here in town in Hilo.
Page 27
Hawaii County Council-23 September 17,2025
MR. ONISHL Right. Okay, sounds good. Thank you. So you can send an email
to all the Council Members.
MR. BERGUM: Absolutely.
MR. ONISHI: Thank you.
MR. BERGUM: Thank you.
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Hey, you can see my light. Thanks. Thank
you, Administrator. Following up on Mr. Onishi's question, do the cameras that
we have on some of our buses, are they a live feed, or is it just recorded data that
we can look through later?
MR. BERGUM: Live feed. Also records voice as well. So we're able to go back
and view that, which we do.
MR. KANEALI`I-KLEINFELDER: So all of them have a live feed.
MR. BERGUM: Not all of them, no.
MR. KANEALI`I-KLEINFELDER: I'm sorry. All the camera buses have a live
feed.
MR. BERGUM: Yes.
MR. KANEALI`I-KLEINFELDER: And are those monitored by security?
MR. BERGUM: That's monitored in-house with our operations team, as well as
Roberts Hawaii.
MR. KANEALI`I-KLEINFELDER: Okay. I'm thinking, because there's been a
lot of footage released about the young lady who was attacked on the bus, and I
think ultimately died, from remembering that story. But if we're able to monitor
real time, that provides us the ability to be in front of someone causing problems
on the bus and have a police officer meet them at the next stop or meet the driver
somewhere. I like that; that's good.
MR. BERGUM: Completely agree. Security is No. 1.
Page 28
Hawaii County Council-23 September 17,2025
MR. KANEALI`I-KLEINFELDER: And probably, I'm guessing, would be a
little bit cheaper than having somebody on the bus on different routes, versus
having somebody monitored, or especially in-house monitor.
MR. BERGUM: And that would be something that's invested and we own it.
Absolutely.
MR. KANEALI`I-KLEINFELDER: Awesome. Okay, thank you.
MR. BERGUM: Thank you.
MR. KANEALI`I-KLEINFELDER: Besides that, I appreciate this bill being
brought forward by Mr. Hustace. I like this fare. The "no fare" offers our
residents a very easy way to get around, which helps promote every sector of our
economy. And so I appreciate this for our residents. Thank you.
MR. BERGUM: Thank you.
MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Hustace.
CHR. INABA: Coming back to Kona. Council Member Hustace.
MR. HUSTACE: Thank you for those kind words, Council Member Kaneali`i-
Kleinfelder. But this one,just to be clear for the record, this one was brought by
request on behalf of Mass Transit. And so I just wanted to have that conversation
and dialogue at Council, especially with the timeline we have ending at 2025.
And then the work that needs to be implemented by Mass Transit, actually
installing a new fare system and investing in that. So there is going to be more
work to be conducted on that behalf.
I did have one other note that I forgot to mention my first time around.
Administrator, in the comment, and I was wondering if you could corroborate
this, they indicate that dozens of complaints each month from riders entering the
resort communities—this is coming from the resort communities there, security
sort of agency that they associate with across the entire sector there—and they are
indicating that they respond to dozens of complaints within their own staff. And
I'm not sure if that information is relayed back to you and your staff. I just
wanted to get your thoughts on that too.
MR. BERGUM: Thank you for the question, Council Member Hustace. If I
understand it correctly, so is the security that is attached to the resorts in
communication with us?
MR. HUSTACE: That's correct,yeah.
MR. BERGUM: Is it related to riders then, I suppose?
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Hawaii County Council-23 September 17,2025
MR. HUSTACE: That's what's being implied. They are saying that individuals
that are benefiting from our free fare system are entering the resort communities
and may be causing some challenges or issues. And I'm not sure if that statement
being made is being shared with you and your department at all.
MR. BERGUM: Yes. I mean, when it comes to if it is in fact the riders, they exit
a bus and then they are causing any issues with the resorts, they do vet that
towards us. And then it's something that we look at as well when it comes to
riders actually on board the bus, and if there is any disruptive behavior on the bus,
that we need to intervene whether that's to have security on site, whether that's to
ban the rider for whatever reason, whatever might have happened. But we do
have communication with the security team at the resorts. I don't have a list of
the resorts, but I mean, we do. As time goes, there is communication back and
forth.
MR. HUSTACE: Okay. Thank you for sharing that. Thank you, Chair.
MR. BERGUM: Yes, sir. Thanks.
MR. KANEALI`I-KLEINFELDER: Chair, I have a follow-up.
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you very much. A while back, I
asked you if the funds in any other areas of the County we have like the
Homeless Fund and different funds that we can use for different things. But in
this case, what we have are bus stops being used as shelters by homeless folks,
and then needing to provide security for those areas where we're having different
problems arise. Did you look into utilizing some of those funding sources within
the County besides your MTA (Mass Transit Agency) budget for security
purposes?
MR. BERGUM: Different sources of funding utilized for security. No, I mean,
for security, it's strictly with the GET (General Excise Tax) right now, in which
we are communicating with HDOT (Hawai`i Department of Transportation). We
are a subrecipient. When it comes to operations and funding, we do get a formula
grant, 5311 Formula Grant, that we do get yearly. So we're getting ready to
request for reimbursement, which is 1.4 million this year. We're going to do that
next month. It will step up each year, which is good as well. We confirmed that
for the next three years that we will receive that. But in regards to just directly to
security, that would be something outside of that formula. I would need to look
into it a little bit more.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you.
MR. BERGUM: Thank you.
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Hawaii County Council-23 September 17,2025
MR. KANEALI`I-KLEINFELDER: I yield, Chair.
CHR. INABA: Thank you. Any further discussion? Seeing none, all those in
favor of approving Bill 75 at first reading, please say "aye."
Vote on Bill 75: The motion to pass Bill 75 on first reading and adopt Policy
(Approved) Committee on Public Works and Mass Transit Committee
Report No. 5 was carried by the following voice vote:
Ayes: Council Members Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Bill 76: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR
ENDING JUNE 30, 2026
Appropriates revenues in the Hawaii Community Foundation—Financial
Empowerment Services (Private) account($125,000); and appropriates the same to
the Hawaii Community Foundation—Financial Empowerment Services —Program
account. Funds would be used to provide no-cost financial and homeownership
counseling through a certified U.S. Department of Housing and Urban
Development counseling service provider.
Reference: Comm. 442
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-81
Vote on Bill 76: Mr. Kaneali`i-Kleinfelder moved to pass Bill 76 on first
(Approved) reading and adopt Finance Committee Report No. 81.
Seconded by Mr. Hustace and carried by the following
voice vote:
Ayes: Council Members Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Page 31
Hawaii County Council-23 September 17,2025
Bill 77: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR
ENDING JUNE 30, 2026
Increases revenues in the Fund Balance from Previous Year account($350,000);
and appropriates the same to the Kulaimano Operating Maintenance account.
Funds would be used for the Kulaimano Elderly Housing Project for operating and
maintenance activities.
Reference: Comm. 443
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-82
Vote on Bill 77: Mr. Kaneali`i-Kleinfelder moved to pass Bill 77 on first
(Approved) reading and adopt Finance Committee Report No. 82.
Seconded by Mr. Hustace and carried by the following
voice vote:
Ayes: Council Members Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Bill 78: AMENDS ORDINANCE NO. 25-46, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2025, TO JUNE 30, 2026
Adds the Finance Land/Facility Acquisitions Project($1,150,000) and the
Land/Facility Acquisitions —Federal Project($850,000) to the Capital Budget.
Funds for these projects shall be provided from General Obligation Bonds, Capital
Projects Fund—Fund Balance and/or other Sources ($1,150,000) and Federal
Grants Receivable ($850,000), to acquire land for legally mandated projects and/or
County Agency needs.
Reference: Comm. 457
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-83
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawaii County Charter
(Note: Comm. 457.1, from Finance Director Diane Nakagawa dated
September 16, 2025, transmitting proposed amendments to Bill 78, was
circulated.)
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Hawaii County Council-23 September 17,2025
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 78 on first
reading and adopt Finance Committee Report No. 83.
Seconded by Ms. Villegas.
Motion to Amend: Mr. Hustace moved to amend Bill 78 with the contents of
Comm. 457.1. Seconded by Ms. Villegas.
CHR. INABA: Ms. Nakagawa, in Hilo, if you would like to explain this
amendment from your department,please.
MR. KANEALI`I-KLEINFELDER: Ms. Kekai is coming to the front.
CHR. INABA: Thank you.
(Note: At this time, Deputy Finance Director Malia Kekai came forward
to address the members of the Council.)
MS. KEKAL Good afternoon, Council. Malia Kekai, Deputy Director of
Finance. My understanding is it's a simple account number change. We got the
wrong account on there initially, so we're just cleaning that up. Thank you.
CHR. INABA: Thank you. All those in favor of amending Bill 78 with the
contents of Communication 457.1,please say "aye."
Vote on Motion to The motion to amend Bill 78 with the contents of
Amend: Comm. 457.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Vote on Bill 78: The motion to pass Bill 78, as amended to Draft 2, on first
Draft 2 reading and adopt Finance Committee Report No. 83 was
(Approved) carried by the following voice vote:
Ayes: Council Members Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Galimba— 1.
Excused: None.
Page 33
Hawaii County Council-23 September 17,2025
Bill 79: AMENDS ORDINANCE NO. 25-46, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
DULY 1, 2025, TO DUNE 30, 2026
Adds the Environmental Management Kealakehe Wastewater Treatment Plant R-1
Upgrade Project($31,000,000)to the Capital Budget. Funds for this project shall
be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance
and/or other Sources, to comply with a recent lawsuit settlement which requires the
County to upgrade the Kealakehe Wastewater Treatment Plant to produce R-1
quality water for re-use.
Reference: Comm. 458
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Approve: FC-84
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawaii County Charter
Vote on Bill 79: Mr. Kaneali`i-Kleinfelder moved to pass Bill 79 on first
(Approved) reading and adopt Finance Committee Report No. 84.
Seconded by Mr. Hustace and carried by the following
voice vote:
Ayes: Council Members Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—8.
Noes: None.
Absent: Council Member Galimba— 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):
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
BILL 38 The following individual registered to speak and came forward when called by
(DRAFT 2) the Chair:
(COMM. 203.7):
Patti Pinto: In support.
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Hawaii County Council-23 September 17,2025
Bill 38: AMENDS CHAPTER 19, ARTICLE 13, OF THE HAWAI`I COUNTY CODE
(Draft 2) 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY
TAX CREDITS
Establishes a Private Road Tax Credit of up to $250 to be applied towards a
homeowner's real property tax bill when the homeowner expends at least$75
annually to maintain, repair, or improve a private roadway that is not restricted by a
gate and is managed by a road maintenance organization.
Reference: Comm. 203.7
Intr. by: Council Member Kaneali`i-Kleinfelder
First Reading: August 20, 2025
Postponed: September 3, 2025
(Note: There is a motion by Council Member Villegas, seconded by Council
Member Onishi, to pass Bill 38, Draft 2, on second and final reading.)
(Note: Comm. 203.19, from Council Member Michelle M. Galimba dated
September 16, 2025, transmitting proposed amendments to Bill 38, Draft 2, was
circulated.)
CHR. INABA: Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. Couldn't say
it better than Ms. Patti Pinto. Thank you very much for coming in to testify and
taking time out of your schedule, along with the other testifiers who supported in
the past and today. To Lisa and Keita Jo: Mahalo for being here. To the Council
Members who voted yes so far: Thank you very much. This bill has the potential
to positively impact our entire island and all the subdivisions that were created 40,
50, 60 years ago, and continue to be a persistent issue that we all need to address
in different ways going forward.
And to be very brutally honest, in listening to the video from the last meeting, we
as a County haven't taken strides to address the infrastructure in subdivisions that
were created post-statehood, the period. And so there's been a number of bills put
forward that this Council has passed that have begun to chip away at that
environmental and social equity piece that's been long-standing. And I really
appreciate what's been done in the past few years by this body and by the
administrations, all three of them actually that I've sat through, and the different
administrations in approaching and finding ways to bring more social equity to
our communities, that we continue to build in but we do not, as a County,provide
infrastructure to.
So this is just one more piece that helps provide a little bit of equity for our
residents. It may seem small, but it's huge for our community members who live
paycheck to paycheck, and are living in our affordable areas and don't have
access to running water, school buses, even a paramedic when needed. So I look
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Hawaii County Council-23 September 17,2025
forward to everyone's support on this. I do understand there is an amendment,
and we can get to that should it arise. But to date,just mahalo to everyone who
supported the bill. Thank you.
CHR. INABA: Council Member Galimba.
MS. GALIMBA: Thank you. Yes, I did. Based on our discussion last time and
bringing this up as a possibility, I have a proposed amendment.
Motion to Amend: Ms. Galimba moved to amend Bill 38, Draft 2, with the
contents of Comm. 203.19. Seconded by Mr. Hustace.
CHR. INABA: Council Member Galimba.
MS. GALIMBA: Thank you. This bill is very creative, and I definitely see the
-
I support the intent of it as far as a mechanism fora way to try and get these
roads more attention, more funding, more engagement from the community with
the organizations that are tasked with maintaining the roads. But I also see it's
quite complicated. There's some moving parts in it that I'm not a hundred
percent sure are going to move together well. So I do have some wonderment
about how effective it might be.
So I do want to give us some room to try it, but I also would feel more
comfortable having an end date on it—not necessarily an end date, but a
reevaluation date where it's built in that this program would be looked at and
evaluated as far as its return on investment of tax credits and the administrative
time, and whether it has made an impact. So this gives it a four-year run time. It
would be—January 1st, 2030, would be the date that the future Council would
come back and look at this program and see whether it has done what it has been
set up to do. I yield for discussion.
CHR. INABA: Discussion on the amendment?
MR. KANEALI`I-KLEINFELDER: Chair, if I can?
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Just to be right up front, I don't support the
amendment, Council Member Galimba. So I'll just say that at the beginning.
Ms. Miura, if you could come forward? I have one question about the timing
element. Thank you for making time for us today. I won't ask you if you support
the amendment. But just on the timing element of the amendment itself, if the
repeal was to happen January 1st, 2030, this goes into effect when passed, which
hopefully may be coming, how many years would this actually be active given the
timing elements of RPT (Real Property Tax) and the mailouts and the you know
what I'm saying? What would the benefit amount of years be for the community?
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Hawaii County Council-23 September 17,2025
(Note: At this time, Real Property Tax Administrator Lisa Miura, Finance
Department, came forward to address the members of the Council.)
MS. MIURA: Lisa Miura, Real Property Tax Administrator. We were just given
the amendment, and as we were reviewing it, the way it would appear is because
the original bill would start 2026 with the 2027 discount in taxes, or the credit, the
way I read the amendment, and Deputy Corp. (Corporation) Counsel Keyra Wong
can correct us, but Keita and I reviewed it and it looks like it would be allowed for
the credits in '27, '28, and '29. And anybody who apply by September 1", 2029,
are the associations, at least who submitted to us on time, we would need to let
them know that the credit would not happen in 2030 unless Council I guess
continued it. So it would be for three years, the way we read it.
MR. KANEALI`I-KLEINFELDER: Okay. That's what I thought too. Thanks.
To Council Member Galimba: Thank you for bringing up the idea. I like the
review of, in the nicest way that I could say this, I don't love the amendment.
Actually, I don't support it at all. But the way it was stated by Ms. Pinto was, if
we want to review this, then do so. And in the future, come back and amend the
bill. Drop the dollar amount per year. Raise the dollar amount per year. But the
way this amendment is written, and maybe Mr. Henricks can correct me, I don't
think that this language will even end up in the bill, that the repeal date or the
sunset date will actually not be codified in a sense that you can go back and read
it. So unless the Council Member is paying attention and takes this on seriously
and wants to make a change, this bill would just automatically sunset without
anyone paying attention.
And given what we know about Council Members and our two-year terms and
administrators and their four-year terms and the mayors and four- or eight-year
terms, things come and things go. This body has made a number of positive
changes for our island-wide private subdivisions. And this is another one of those
that I really would ask that this not be sunset-determined, but more so reviewed
by Council in the future to see how better we can serve our communities and not
creating a sunset date to effectively kill it in three years, which barely gives us
time to understand whether this is working or not. Thank you.
CHR. INABA: Vice Chair Onishi.
MR. ONISHL Does Ms. Galimba want to respond first, or you're going to let me
talk?
CHR. INABA: You can go ahead.
MR. ONISHL Okay, thanks. I do support this amendment. And my question to
Real Property Tax would be, wouldn't that be a great time to do evaluations, see
how things are going? Because in the past when I was on the Council, with the
CDP (Community Development Plan) when I got elected, the Council before was
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Hawaii County Council-23 September 17,2025
told to pass the Puna CDP and the upcoming Council could do the amendments
later on. It was very hard because the community that was involved in that
previous term was all supportive. And so now when we had to come in to do
changes because there were changes that needed to be done, we got fought back.
And so for me, to see this happening is great because then we can evaluate.
And the way I'm hearing testifiers, they're thinking that because we give them
this tax credit, right, they think the roads are going to all get fixed. But it's
basically to my understanding it's a credit to them, the homeowner, right, the
property owner, correct?
MS. MIURA: Yes, that's correct.
MR. ONISHL And then so it's up to them to—if they want to qualify, they need
to pay to the association, right, to get their reimbursement. So if they decide still
not to pay, they don't care because they're not worried about the reimbursement
of that 250 or whatever, right. And in listening to one of the other testifiers, they
mentioned about their association doesn't have a mandatory. So how do we know
since they don't even have a mandatory assessment, how do we know the roads
still going get paved? Can you help me with that to understand?
MS. MIURA: I don't view Real Property Tax as the office that is going to make
sure that money is spent on the roads. We're just going to take the association's
word. And especially because these are homeowners and they're vocal, that
they're going to reach out and say nothing's happening. Three years in seeing
how long it takes County government to get anything done, to me seems like a
very short period of time. And I know that sounds sarcastic and it is, having been
here over 20 years. I just don't feel that starting this all up, especially on our part
who's doing all the work in the beginning to reach out to everyone, for just a
three-year period is enough for anyone to come back and do a review, similar to
Housing when the Homeless and Housing Fund was created offered Tier 2. It's
like you're just getting started at Year 3. So that would be my only comeback.
I do like the idea of a review to make sureI mean, not just this; for anything that
Council approves that it's really achieving its goal. We wouldn't be able to
answer all the questions you have. I think that is valid. But three years isn't
going to—it's not enough time.
MR. ONISHL Okay. Well,you mentioned about Housing. Their problem was
that they were saying that the nonprofits are not providing them the reports. So
it's the department's fault for not holding them accountable. And so in your
situation, it's up to the association to provide the property tax division the proper
paperwork. In that way, then you folks can start doing your process to reimburse
or credit these property owners. Correct?
MS. MIURA: Correct. Yes.
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Hawaii County Council-23 September 17,2025
MR. ONISHL Within that year, they would have to turn in the paperwork within
that year to get the credit for the next year?
MS. MIURA: By September 1st. Not including this year; it would start next year.
Yes.
MR. ONISHL Right. And then so now, if they don't get it in by September lst
then nobody gets reimbursed?
MS. MIURA: Well, the way it's written now, is I believe the Finance Director
can do rules to have a backup for that. We have not created it. We did not want
to take the time to write rules and go through them if the bill doesn't pass.
MR. ONISHL Okay. But don't you think it's—for me, it's really hard. Once
you—we just had about the Mass Transit free bussing, right, and we hear
problems that is happening. And so I remember when we had to raise from free
bussing back in 2008 and we had to start charging them, we had a fight back but
we had to do it. So it's hard. So to me, a sunset date like this because we don't
know how it's going to turn out. And then for future Council Members to say to
so many property owners, "Sorry, we cannot do it anymore," I mean, we're going
to have this whole place filled with testifiers. And those that already termed out
not going have to worry about that. But we've got to look at the future councils,
right. So I do support this and I hope we can pass this. Thank you for coming up.
MS. KIMBALL: Chair?
CHR. INABA: Council Member Kimball.
MS. KIMBALL: I also support the direction of this from just the fiscal
responsibility standpoint. I'm not an economist, but there's a number of things
that I'm looking at out there that signal towards a potential economic downturn
for us, nationally as well as locally. And I think Council Member Onishi's right;
once you put something like this in place, if there's not a sunset it's very difficult
to recall it if the program's not working.
I wonder if the Chair would be willing to consider a motion to amend the
amendment to change just that final date. I do think three years is not enough
time. So instead of January 1", 2030, maybe pushing it out to 2035. I know
that's not how we typically do things. I'm going to be supporting either way. We
could always postpone. But I think a little bit longer runway to analyze the
success of the program would make sense.
CHR. INABA: To respond, we'll be voting on the amendment as it is before us.
So any further discussion on the amendment?
MR. KANEALI`I-KLEINFELDER: Yes,please.
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Hawaii County Council-23 September 17,2025
CHR. INABA: Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: In listening to some of the comments, to
Ms. Kimball a longer period would give us a better review period. To Council
Member Onishi, there's two subdivisions I can think of right now that are
voluntary. The rest have mandatory road dues. Within the mandatory road dues,
they're required to put in funding every year to pay for their own road upkeep
because the County has no buy-in in these subdivisions that we tax.
On a more general level for the whole body, every resident in Hawaii County
pays for property taxes, but they also pay for fuel tax. When those fuel taxes are
provided to the County, those go towards County roads. That does not include
theI think it's roughly a thousand miles of private roads that are maintained by
the public for public use.
CHR. INABA: Mr. Kaneali`i-Kleinfelder, I just want to make sure we're
speaking specifically to the proposed amendment,which is a sunset.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. It's hard to gaugeI
think what I'm hearing is we need to look at the return on investment in providing
a roughly one million dollar reduction in revenue. And a three-year period would
not enable that justifiably, given what we all know about the situation and the
County's interest in providing better for their residents. So I would ask everyone
not to support the amendment. Thank you.
CHR. INABA: On the amendment, Council Member Villegas.
MS. VILLEGAS: Thank you, Council Member Galimba, for the intention of
trying to find that impasse, not impasse but that sweet spot so that those that had
had any kind of heartburn about this potential program, there was an opportunity.
But from the discussions today and from hearing from administrator or director
Miura, it doesn't sound like this date is the right date, so I won't be supporting the
amendment at this time. But I am in full support of the bill. I yield.
CHR. INABA: Thank you. All right, let's wrap this up. Council Member
Hustace.
MR. HUSTACE: Thanks, Chair. I definitely, from our past conversations, would
like to see a review period for this program. So I am in support of this
amendment. Thank you.
CHR. INABA: Council Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. I as well will be supporting the
amendment. I think, especially for even though it may be a small handful of
subdivisions that do not have mandatory, I think this is kind of a period where we
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Hawaii County Council-23 September 17,2025
can see that they came in and they said they want to make it mandatory and this
will help them, that we see them put that into place. We heard testimony that this
will double the amount of road fees that are being paid. So it will be good to see
if that is indeed what happens here. And if we can see if all these different, very
creative parts of this bill come together to do what you hope it will do. So—what
we all hope it will do. So I would like to see a sunset date. If three years is too
short, I'm willing to talk about it a little bit longer,but I'll be supporting this if
that's our only option today. I yield.
CHR. INABA: Thank you. Roll call please, Mr. Clerk, on the amendment.
MS. KIMBALL: Chair—oh.
CHR. INABA: Mr. Clerk, go ahead.
MS. GALIMBA: Chair Inaba, as the amendment maker, I'd like to see if there's
a way for—I think there's agreement that this idea is valid and some disagreement
on the date. I would like to ask Administrator Miura about a time frame that
would make sense to her.
CHR. INABA: Okay, let's do this quickly, folks. Go ahead, Council Member
Galimba.
MS. GALIMBA: Thank you. Administrator Miura, do you feel that a five-year
run time would be better, or a longer time period, to make sense for your staff's
investment?
MS. MIURA: I think I'll defer to Keita Jo, and I'm going to share why: Because
I don't support this complete repeal of it. And I really shouldn't say that as an
administrator, but I would be retired by 2034 going into 2035, and this would be
left for Keita to deal with. I support a review. I would like to clarify who's
providing that review information that Council wants, because I don't feel that's
Real Property Tax's place to have to come up with the whole analytical study
about roads. And we're doing the credits, and everything else is really a policy
decision that I think needs to come from County Council Members.
So for what this review might want and to see if it's working, and if it is in some
subdivisions and not in others, I mean what really is the intent of County Council
and what are we trying to accomplish? And so I don't want to come off sounding
very fussy about it, so I'm going to defer to Keita who probably is going to be
better. I think three years is definitely way too short, but eight years I'll be gone.
(Note: At this time, Assistant Real Property Tax Administrator Keita Jo,
Finance Department, came forward to address the members of the
Council.)
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Hawaii County Council-23 September 17,2025
MR. JO: Keita Jo, Assistant Administrator. Wow! How to come off of that. I
think it's up to the Council to determine what's an appropriate time frame for the
legislation to determine how it's impacting the improvement of the roads in the
subdivisions. The information that Real Property would provide is a schedule of
how much credits we're now giving to the associations, and whether that
increases or decreases. That's one metric. But we couldn't tell you does that
result in the improvements of the roads within the subdivisions. I would defer to
County Council to determine what's an appropriate time frame, because we're not
engineers in terms of roadways and can determine what's better now than it was
before or any of that information.
Three years does seem bittersweet. Right? We're implementing something.
We're going through a lot. There's a process to educate the public about it. So
maybe something longer than three years. But if it's the will of the County
Council to take a look at this three years, I hope the County Council takes a look
at it as opposed to it just sunsetting and no review.
MS. MIURA: I just need to clarify one thing. I said September 1st was the
deadline. It is the last day of September, which would be September 30. And I
apologize for that,just for the record.
MS. GALIMBA: Thank you so much for the leeway. And yes, I'd just like to
gather as much information as possible. I yield.
CHR. INABA: Council Member Villegas.
MS. VILLEGAS: I have a quick question. Perhaps this is for the Clerk. So if we
pass this legislation today without this amendment, then this bill goes into effect.
Would it be true to say that there is still opportunity for this legislation to be
amended in the future for someone to come in with to bring it back and amend
how it then there's always time to come back and improve on different pieces
of—not necessarily on the legislation, but where it lands in the code. Correct?
MR. HENRICKS: Just a minor correction that if this is approved by a majority of
the Council today, it will go to the Mayor for the Mayor's consideration and not
knowing what happens there. But then assuming that by some means, either
approval by the Mayor or veto override, this becomes an ordinance, yes, most if
not all ordinances are subject to revision. I'm not exactly sure mechanically how
that would work because as this amendment is written, the sunset provision is not
codified. But there would be a way to do it.
MS. VILLEGAS: Yeah. I mean, I guess what I'd like to propose moving
forward is that we pass this legislation as written without the amendment, and
then one of you who are so determined that it should be included come back once
it's already in effect, and add a sunset date that has had the time and attention
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Hawaii County Council-23 September 17,2025
from Real Property Tax that gives a real time. And actually, I don't think it
should be a sunset date. I think it should be a required review time frame. So
that's my two cents on that.
CHR. INABA: Thank you.
MS. KAGIWADA: Chair, a question.
CHR. INABA: So I'll share my thoughts now, and we're going to take the vote
on the amendment. I think the body, there seems to be some interest in whether it
be a review or a sunset. We've heard from Real Property Tax that this three-year
window, which would be what would be in effect if this amendment passes, is not
really sensible. So I would tend to agree with the recommendation of Council
Member Villegas. I won't be supporting this amendment, not that I wouldn't
support a potential discussion and vote on a sunset at a later date. But I don't
think this date here in this amendment has been thought out, and that's all we
have before us. So, Mr. Clerk, on the amendment.
Vote on Motion to The motion to amend Bill 38, Draft 2, with the contents of
Amend: Comm. 203.19 was carried by the following roll call vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kimball, and Onishi—5.
Noes: Council Members Kaneali`i-Kleinfelder,
Kierkiewicz, Villegas, and Chair Inaba—4.
Absent: None.
Excused: None.
Vote on Motion to Ms. Villegas moved to suspend Council Rule 23 to waive
Suspend Council the holdover for the substantive amendment of Bill 38,
Rules: Draft 2. Seconded by Ms. Kagiwada and failed by the
Failed following roll call vote:
Ayes: Council Members Galimba, Kagiwada,
Onishi, and Villegas —4.
Noes: Council Members Hustace,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, and Chair Inaba—5.
Absent: None.
Excused: None.
CHR. INABA: This will be heard again on October 8 h.
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Hawaii County Council-23 September 17,2025
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC ON
BILL 72 The following individuals registered to speak and came forward when called by
(DRAFT 2) the Chair:
(COMM. 400.2):
Nancy Burns: In opposition.
Palani Greenwell: In opposition.
Bill 72: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 10,
(Draft 2) SECTION 6-10.3, OF THE CHARTER OF THE COUNTY OF HAWAI`I
(2024 EDITION), RELATING TO THE DIRECTOR OF ENVIRONMENTAL
MANAGEMENT
Requires the Director of Environmental Management to have administrative
experience in engineering, solid waste management, wastewater treatment,
environmental policy and regulatory compliance, public administration, business,
administration, or a related field; removes the requirement that the director needs to
have an engineering degree or another degree in a related field.
Reference: Comm. 400.2
Intr. by: Council Member Kierkiewicz
First Reading: September 3, 2025
2/3 Vote: Second of three required readings,
Section 15-1(a), Hawaii County Charter
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 72, Draft 2, on second
reading. Seconded by Ms. Galimba.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I think we can all agree that
Environmental Management is a very complex and interdisciplinary department,
and it really requires the leader to have skills in a variety of areas: public health,
waste management, wastewater treatment, solid waste, recycling, environmental
policy. It's a lot.
The intent with this particular Charter amendment is to provide a more flexible
qualification framework that broadens the pool of eligible applications. I'm of the
mindset that a traditional academic credential, which is really great, a degree, that
alone doesn't mean that someone is competent or qualified to be leading, or ready
to be leading, a department of this size. I think an ideal candidate is someone that
has practical hands-on field experience and management experience; again, may
not always have a degree.
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Hawaii County Council-23 September 17,2025
I appreciate the continuous consideration of expanding the qualifications so that
future administrations can consider individuals that have a variety of on-the-job
expertise that I think are a bit more relevant to overseeing the operations of DEM
(Department of Environmental Management). If folks have suggestions, specific
suggestions, to make for the bill—Council Member Kimball, when we were in
Committee, did suggest being a bit more specific about the kinds of areas of
expertise to include in the Charter amendment. I'm happy to entertain that.
It's hard to entertain amendments when people just say, "No, I don't like it." So
if there's specific feedback for us to discuss and deliberate on, I'm happy to
consider input for an amendment. If not, we can continue to move forward with
the draft that's in front of us. Thank you, Chair.
CHR. INABA: Thank you, Council Member Kierkiewicz. Discussion on the bill
before us, Vice Chair Onishi.
MR. ONISHL Thank you, Chair. I would suggest including the engineering
degree, and then solid waste management, wastewater treatment; and then I would
support this bill. Thank you.
CHR. INABA: Discussion? Council Member Galimba.
MS. GALIMBA: I just wanted to second Council Member Onishi. I think we
should keep the degree in there, but broaden the fields that are specified. Thank
you.
CHR. INABA: Council Member Villegas.
MS. VILLEGAS: I concur. Thank you, Council Member Onishi, for identifying
those specific things. And correct me if I'm wrong, but it just requires the degree.
This isn't requiring a professional engineering certificate. And so for that, I
highly support the re-inclusion of that in this. So I yield.
CHR. INABA: Council Member Hustace.
MR. HUSTACE: Thank you, Chair. Just following off of that, it could read
"beyond responsible administrative capacity and hold a degree in a related field,"
so at least it's connecting back to those pieces. I think, Council Member
Kierkiewicz, you are trying to open that perspective, but at least a degree would
tie it back into those particular fields. Just food for thought. Thank you.
CHR. INABA: Council Member Kagiwada.
MS. KAGIWADA: Thank you. I also like the idea of having the degree in there.
And I guess I'm a little bit hesitant to somebody just coming in with business
administration without the background, without actual education in either
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Hawaii County Council-23 September 17,2025
engineering, solid waste management, water treatment, or—yeah, or engineering.
Yeah, those ones seem pretty important. I feel like public administration and
business administration are really wonderful to have, but are less directly
pertinent to the knowledge we need in that position. So I support also what
Council Member Onishi is saying.
CHR. INABA: Anything else in Hilo? Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. I feel like just like Bill 38, kind
of at second and final reading and everyone still has comments on what could be
done better. I think it's okay the way it is. I'll be supporting it today. Thank you.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Since we require one more reading, I'm
going to make a motion to postpone Bill 72, Draft 2, to the October 8 h Council
meeting to put together a couple of options for this body to consider. I appreciate
everyone's feedback and also Mr. Kaneali`i-Kleinfelder with being happy with
the work product to date. Thank you. It's appreciated.
Vote on Motion to Ms. Kierkiewicz moved to postpone Bill 72, Draft 2, to
Postpone: October 8, 2025. Seconded by Mr. Onishi and carried by
(Approved) the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
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.
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I just wanted to make an announcement and
mahalo our Public Works Department. They paved the entrance to the transfer
facility in Kea`au today. And I got some pictures from Mr. Azevedo, our
amazing Acting Director. They did a beautiful job paving the in-and-out entrance
Page 46
Hawaii County Council-23 September 17,2025
to the transfer facility,which was much needed and brought to my attention by
some of our community members. So I just want to mahalo them. Thank you.
CHR. INABA: Thank you; end us on a positive note.
ADJOURN- There being no further business, Chair Inaba adjourned the meeting at 1:44 p.m.
MENT:
Council Approval: DEC 1 7 2025
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