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HomeMy WebLinkAboutMIN COUNCIL 2025-10-22 2024-2026 Hawaii County Council 251h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii October 22, 2025 INVOCATION: Kahu David de Carvalho of Mokuaikaua Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:03 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 Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo; came in later) Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time: EXPRESSIONS OF 1) Mr. Hustace presented Certificates of Merit to Oscar Amos and CONDOLENCE: Rachel Wilczewski in recognition of their accomplishments on a local, state, and national level as to academic achievement and debate; 2) Mr. Inaba presented a Certificate for Red Ribbon Week in Hawaii County from October 23-31, 2025; and 3) Mr. Inaba presented the October 2025 Haweo Award to Detective Carrie Akina of the Hawaii Police Department.) Hawaii County Council-25 October 22,2025 Recess: At 9:22 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:27 a.m. 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: David Wiseman: Res. 320-25 (Comm. 516), in support. Julie Williams: Res. 363-25 (Comm. 568), in support. (representing Volcano Cymbidium Acres Road Maintenance Corporation) Elizabeth Fujiwara: Res. 320-25 (Comm. 516), in support. Cory Harden: Res. 320-25 (Comm. 516), in support. Mila Goldsmith: Res. 320-25 (Comm. 516), in support. (representing Party for Socialism and Liberation) Linda Boranian: Res. 351-25 (Comm. 556); and (representing H61ualoa Village Res. 360-25 (Comm. 565), in support. `Ohana) Janice Palma-Glennie: Res. 320-25 (Comm. 516), in support; and Bil 63 (Comm. 333), in opposition. Tina Sablan: Res. 320-25 (Comm. 516), in support. (representing The Legal Clinic) Colonel Deb Lewis: Res. 346-25 (Comm. 551); Res. 358-25 (Comm. 563); and Res. 366-25 (Comm. 571); in support. Torry McDonald: Res. 320-25 (Comm. 516), in support. (representing Indivisible Hilo One) Page 2 Hawaii County Council-25 October 22,2025 John Pelletier: Bill 63 (Comm. 333), comment. (representing Kona Community Development Plan Action Committee) Chuck Flaherty: Res. 320-25 (Comm. 516), in support. (representing Sierra Club of Hawaii —Hawai`i Island Group) Joseph Winkie: Res. 320-25 (Comm. 516), in support. Sam Gucrewheimer: Res. 320-25 (Comm. 516), in support. (representing Kona Indivisible) Patti Cook: Res. 320-25 (Comm. 516), in support. Josephine Keliipio: Bill 52, Draft 2 (Comm. 286.6), in support; and Bill 63 (Comm. 333), in opposition. 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 July 9, 2025, were approved. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. GOEAC-74 NOMINATION OF JOHN K. MCBRIDE TO THE TRANSPORTATION (Comm. 538): COMMISSION Vote on GOEAC-74: Ms. Kagiwada moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 74. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Page 3 Hawaii County Council-25 October 22,2025 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 Postponed: September 17, 2025 (Note: There is a motion by Council Member Kaneali`i-Kleinfelder, seconded by Council Member Galimba, to adopt Res. 285-25.) ; and Comm. 456.2: From Office of the Prosecuting Attorney Business Administrator Grant Nagata, dated October 10, 2025, requesting that Res. 285-25 be postponed to the call of the Chair. Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to postpone Res. 285-25 Postpone: to the call of the Chair. Seconded by Ms. Galimba and (Approved) carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Res. 318-25: AUTHORIZES THE MASS TRANSIT AGENCY TO AWARD A GRANT TO PEOPLE FOR ACTIVE TRANSPORTATION HAWAI`I Provides $240,000 of grant funds for the HIBIKE bike share program to cover day- to-day operations and maintenance. Reference: Comm. 510 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-89 Page 4 Hawaii County Council-25 October 22,2025 Vote on Res. 318-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 318-25 and (Adopted) Finance Committee Report No. 89. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Res. 319-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER INTO A LEASE AGREEMENT FOR TWO MULTIFUNCTION COPY MACHINES TO BE USED BY THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year lease agreement with an approximate total cost of$13,000 per year, to be used by the department's Hilo and Kona offices. Reference: Comm. 511 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-90 Vote on Res. 319-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 319-25 and (Adopted) Finance Committee Report No. 90. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 5 Hawaii County Council-25 October 22,2025 Res. 320-25: EXPRESSES SUPPORT FOR DUE PROCESS AND THE PROTECTION OF CONSTITUTIONAL RIGHTS FOR ALL RESIDENTS OF THE COUNTY OF HAWAI`I AND AFFIRMS THE COUNTY'S COMMITMENT TO MULTICULTURALISM AND ITS IMMIGRANT HERITAGE Requests the Mayor to review existing and potential agreements with public and private partners to ensure constitutional rights of residents are protected and requests the Hawai`i Police Department to limit its involvement with the United States Department of Homeland Security, Immigration and Customs Enforcement to cases involving criminal activity. Reference: Comm. 516 Intr. by: Council Member Galimba Approve: GOEAC-75 (Note: Comm. 516.1, from Council Member Michelle M. Galimba dated October 14, 2025, transmitting proposed amendments to Res. 320-25, was circulated.) Motion to Approve: Ms. Galimba moved to adopt Res. 320-25 and Governmental Operations and External Affairs Committee Report No. 75. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. I want to just thank all of the testifiers and other folks in support of this measure. And I also wanted to make an amendment to this resolution. Motion to Amend: Ms. Galimba moved to amend Res. 320-25 with the contents of Comm. 516.1. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thanks. This amendment is taking the advice of Council Member Onishi to send this resolution to more folks. These include the Governor, our Federal representatives, State representatives, as well as specifically calling out the Hawaii County Police Commission. So just sending them a copy of this resolution. CHR. INABA: Thank you. Council Member Villegas. MS. VILLEGAS: If it's okay, I have a question for Council Member Galimba. Thank you to all the testifiers who have come. There were a number of suggested amendments to be included into this resolution. And I wondered if that was Page 6 Hawaii County Council-25 October 22,2025 something that you had been considering, or if there was potential reason from Corp. (Corporation) Counsel why some of the asks for more, I guess, severe statements could or couldn't be included in the resolution. CHR. INABA: Council Member Villegas, that could be addressed as part of the main discussion, because we're just on this specific amendment right now. MS. VILLEGAS: Apologies. I'll return to that. CHR. INABA: Okay. Any other discussion on this amendment? Seeing none, all those in favor of amending Resolution 320-25 with the contents of Communication 516.1,please say "aye." Vote on Motion to The motion to amend Res. 320-25 with the contents of Amend: Comm. 516.1 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Vote on Motion to Ms. Kimball moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 320-25. Seconded by Ms. Galimba and carried by the (Approved) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. Responding to Council Member Villegas' question, I do think some of the suggestions for amendments were valid. However, I think I would like to just pass this as it is at this time, and either I or other Council Members can follow up with another resolution perhaps or an appropriate legal document that can take up some of those ideas that testifiers brought forward. CHR. INABA: Council Member Villegas. Page 7 Hawaii County Council-25 October 22,2025 MS. VILLEGAS: Thank you for answering that question. That is really helpful and I am in full support of this resolution. And I'm in full support of any and all actions we can take as a County Council to stand strong in opposition to what I believe are illegal actions on the part of the Federal Government right now. So thank you, Council Member Galimba, for bringing this forward. I yield. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. And once again, thank you to the maker of this resolution. I stand in full support. I do think there's room for us as a body to send a stronger message to our State Legislature, our State Government about specific actions that we want them to take to support us in the counties, support our police departments to make sure that they are able to do what they are supposed to do, which is protect and serve our residents here on Hawaii Island. I do have grave concerns about future actions by our Federal administration to potentially starve us of resources, and then offer lots of resources with the caveat that we collaborate with Federal enforcement and operations of ICE (Immigration and Customs Enforcement) and immigration issues. So I really do think we need to go beyond this, but I do fully support this resolution as it is. Happy to vote to pass it without any amendments at this time. I yield. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Once again, I want to mahalo the maker of this resolution and the conversations we've had here on the dais. There's definitely been the tension, the concern, of course the fear. And we also saw that earlier this year with Resolution, I think it was 74,that conversation with our partnership at the local level with our agencies going upward. This past Saturday, I had the opportunity to be with over a thousand people in the Waimea space near Ikua Purdy Statue. Really felt that sense of what this speaks to, what the resolution speaks to about spirit of aloha, fairness, equality, and our diversity, our multiculturalism that you're really honing in on here, Council Member Galimba. So I want to mahalo you for that. We also have that opportunity, as we've heard from some of the testifiers, opportunity to have further discussion about funding these legal immigration services and how we can further support that effort here locally. But I really want to mahalo you and really speaking to the rainbow race that we are here in Hawaii, and all that we bring to the table from all the different facets of life we walk and all the communities and cultures that we come from to this small space. So mahalo. Thank you, Chair. CHR. INABA: Council Member Kimball. Page 8 Hawaii County Council-25 October 22,2025 MS. KIMBALL: Thank you. I wanted to speak directly to a couple of comments that I made last time, which was I thought the resolution could benefit from some language about restricting masking and identification of ICE agents and whatnot, although at the time I said I would explore our opportunities to do something legislatively around that. So just in the context of having mentioned that before, particularly with the masking and the identification of vehicles, the identification of ICE officials, it seems to be clearly outside of our jurisdiction, and we would not be able to legislate that. However, looking at, I think, I'm not sure if it was you, Council Member Villegas mentioned what was being done in Chicago in terms of prohibiting ICE actions on county-owned, or in that case city-owned, property. Do you think that is within our jurisdictions of—so I'll be putting something forward with respect to that. I know that there's a sense that, you know, damn the torpedoes, let's just introduce stuff even if it's outside of our jurisdiction so that we can have that conversation, and I was thinking about that. But one of the things around us to be really sensitive about is if it were to go to court and we were not satisfactorily armed to defend ourselves, it's the kind of thing that could set a precedent that would hurt the overall picture nationally. So we want to make sure that we solidly have our ducks in line with respect to legal jurisdiction and what we actually have authority to regulate. That said, coming back then to this resolution, I would like to suggest that we include a clause that requests that the State address the masking and identification, the transparency issue, because they would really have to be the one that does it. And I'm going to suggest that we hold this and do that next hearing, and perhaps consider some of these other amendments. Because let me just suggest that the urgency is not actually to deliver this resolution to the people on the list, but the urgency is to publicly put out this information about where this County Council stands on immigration issues, and using this forum, the Council hearing, to discuss that and publicize that. The amount of publicity that was given to the original introduction of this resolution was fantastic. Across the State, folks know what we are trying to do and the message we are trying to send. So my suggestion is actually let's just keep it here, have another conversation in two weeks and expand the scope of the resolution before we send it off, because they're hearing it anyway. Just my thoughts. CHR. INABA: Any further discussion on Resolution 320-25, as amended? Council Member Galimba. MS. GALIMBA: I guess I am open to that and would like to hear, I guess, from my fellow Council Members if they have any reservations. But I guess I'm okay with it, because I want to put it out there to the group. CHR. INABA: Vice Chair Onishi. Page 9 Hawaii County Council-25 October 22,2025 MR. ONISHL Thank you, Chair. I would suggest that we move forward because, as one of the testifiers mentioned, the State Legislature will be scheduling these meetings. So once we can get this moving forward approved, then it can be sent to them. And you have the list of the Senators, right, the President and also the House Speaker and so forth. So can tell—show that Hawaii County Council is engaged and wants to see this certain legislation, or I guess showing that we care, and we want them to also kind of do the same. So we're kind of like setting the lead. Yeah. Thanks, I yield. CHR. INABA: Any other discussion? Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I guess I feel like this particular resolution at this time did not direct anything towards the State and the Legislature. So passing this makes a lot of sense to me. And then doing another resolution that is specifically about asks of the State and the Legislature might seem a cleaner way to do it. And I'd be happy to work on that with anybody if you're interested in doing it, or do it myself if nobody else wants to do that. So I volunteer to participate if that is something that anybody would want to work on. I yield. CHR. INABA: All right, let's proceed. Thank you again, Council Member Galimba, for bringing this forward. All those in favor of approving Resolution 320-25, as amended, please say "aye." Vote on Res. 320-25: The motion to adopt Res. 320-25, as amended to Draft 2, Draft 2 and Governmental Operations and External Affairs (Adopted) Committee Report No. 75 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. Page 10 Hawaii County Council-25 October 22,2025 Res. 342-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER INTO A LEASE AGREEMENT FOR ONE MULTIFUNCTION COPY MACHINE TO BE USED BY THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$120. Reference: Comm. 542 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-91 Vote on Res. 342-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 342-25 and (Adopted) Finance Committee Report No. 91. 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. Res. 346-25: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2025 HAWAI`I ISLAND VETERANS DAY PARADE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 551 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 346-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: I just want to send a mahalo out to Colonel Deb Lewis for her many years of service to our community in organizing this parade, so that we can honor the brave men and women who have served and continue to serve our country. Thank you. Page 11 Hawaii County Council-25 October 22,2025 CHR. INABA: Mahalo. All those in favor of approving Resolution 346-25, please say "aye." Vote on Res. 346-25: The motion to adopt Res. 346-25 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. 347-25: 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 LO`I COLLECTIVE FOUNDATION FOR THE 2026 SMASH FEST Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 552 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 347-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Just looking for everyone's support for a variety of competitions and clinics that are going to be happening in Pahoa next summer. Thank you, Chair. CHR. INABA: Mahalo. All those in favor of approving Resolution 347-25, please say "aye." Vote on Res. 347-25: The motion to adopt Res. 347-25 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 12 Hawaii County Council-25 October 22,2025 Res. 348-25: 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 KEA`AU MIDDLE PARENT TEACHER STUDENT ASSOCIATION FOR ITS YOUTH ENGAGEMENT EVENTS Transfers $1,123 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 553 Intr. by: Council Member Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 348-25. Seconded by Mr. Hustace. MR. ONISHL Just asking for support in helping our students at Kea`au Middle School. Thank you. CHR. INABA: All those in favor of approving Resolution 348-25, please say Ic aye. Vote on Res. 348-25: The motion to adopt Res. 348-25 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. 349-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LOKAHI TREATMENT CENTERS FOR SERVICES IN SUBSTANCE ABUSE, MENTAL HEALTH, DOMESTIC VIOLENCE, AND ANGER MANAGEMENT IN KONA Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 554 Intr. by: Council Member Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 349-25. Seconded by Mr. Hustace. Page 13 Hawaii County Council-25 October 22,2025 CHR. INABA: Council Member Villegas. MS. VILLEGAS: Just ask for my colleagues' support and send a big mahalo out to Lokahi Treatment Centers for their work supporting the behavioral health and well-being of our community. CHR. INABA: Mahalo. All those in favor of approving Resolution 349-25, please say "aye." Vote on Res. 349-25: The motion to adopt Res. 349-25 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. 350-25: 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 12 STEP OHANA CLUB OF KONA, INC., FOR ITS CLEAN AND SOBER COMMUNITY SUPPORT PROGRAM Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 555 Intr. by: Council Member Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 350-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Villegas. MS. VILLEGAS: Just ask for my colleagues' support. I see the synchronicity between the young man and the wonderful woman that came in today. Learning to live a clean, sober, drug-free life begins as a young person. And navigating it in adulthood can be a challenge. And so, grateful to be able to support this program. I yield. CHR. INABA: All those in favor of approving Resolution 350-25, please say Ic aye. Page 14 Hawaii County Council-25 October 22,2025 Vote on Res. 350-25: The motion to adopt Res. 350-25 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. 351-25: 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 HOLUALOA VILLAGE `OHANA FOR ITS 26TH ANNUAL COFFEE AND ART STROLL Transfers $3,655 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 556 Intr. by: Council Member Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 351-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Villegas. MS. VILLEGAS: Just asking for my colleagues' support. This is a fantastic event. And congratulations to the Holualoa Village `Ohana for all of the work that they do to support that small but vibrant, culturally-connected and diverse community in our Kona coffee belt. CHR. INABA: Thank you. All those in favor of approving Resolution 351-25, please say "aye." Vote on Res. 351-25: The motion to adopt Res. 351-25 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 15 Hawaii County Council-25 October 22,2025 Res. 352-25: 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 FOOD BASKET INC. FOR ITS KOKUA HARVEST FRUIT STAND PROJECT IN COUNCIL DISTRICT 7 Transfers $5,000 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. 557 Intr. by: Council Member Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 352-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Villegas. MS. VILLEGAS: I just want to express my gratitude to The Food Basket for their innovative thinking in providing this unique and new opportunity, to provide fruit stands and food stands in order to disseminate our local produce, especially to those who need it most. Just asking for your support. CHR. INABA: All those in favor of approving Resolution 352-25, please say Ic aye. Vote on Res. 352-25: The motion to adopt Res. 352-25 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 16 Hawaii County Council-25 October 22,2025 Res. 353-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LOKAHI TREATMENT CENTERS FOR ITS SUBSTANCE ABUSE, MENTAL HEALTH, DOMESTIC VIOLENCE, AND ANGER MANAGEMENT TREATMENT PROGRAMS IN PAHOA Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 558 Intr. by: Council Member Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 353-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Just wanted to note, not seeing Ms. Valerie Poindexter on our Zoom this morning and providing her lovely face and her lovely testimony to the Council. Besides that, I look for everyone's support. Thank you. CHR. INABA: Thank you. All those in favor of approving Resolution 353-25, please say "aye." Vote on Res. 353-25: The motion to adopt Res. 353-25 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 17 Hawaii County Council-25 October 22,2025 Res. 354-25: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2025 HALA FESTIVAL Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 559 Intr. by: Council Member Kaneali`i-Kleinfelder Vote on Res. 354-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 354-25. (Adopted) 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. Res. 355-25: 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 HAWAII FARMERS UNION FOUNDATION FOR ITS 2025 HAWAII FARMERS UNION ANNUAL CONVENTION Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 560 Intr. by: Council Member Kaneali`i-Kleinfelder Vote on Res. 355-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 355-25. (Adopted) Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 18 Hawaii County Council-25 October 22,2025 Res. 356-25: 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 BIG ISLAND DANCE COUNCIL FOR ITS HAWAI`I YOUTH ARTS FESTIVAL Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 561 Intr. by: Council Member Kaneali`i-Kleinfelder Vote on Res. 356-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 356-25. (Adopted) Seconded by Ms. Kagiwada 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. 357-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO RECYCLE HAWAI`I FOR THE VOLCANO RENAISSANCE FAIRE Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 562 Intr. by: Council Member Kaneali`i-Kleinfelder Vote on Res. 357-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 357-25. (Adopted) 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. Page 19 Hawaii County Council-25 October 22,2025 Res. 358-25: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATING TO THE 2025 HAWAI`I ISLAND VETERANS DAY PARADE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 563 Intr. by: Council Member Kaneali`i-Kleinfelder Vote on Res. 358-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 358-25. (Adopted) 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. Res. 359-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAI`I VETERANS CEMETERY-PU'U HO`OMAHA O NA PO`E KOA O HAWAI`I KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 564 Intr. by: Council Member Inaba Motion to Approve: Mr. Onishi moved to adopt Res. 359-25. Seconded by Mr. Hustace. CHR. INABA: This resolution is from my office, and I ask for my colleagues' support. I believe Council Members Villegas and Hustace will be joining me in supporting this annual event where each of the graves and plaques at the West Hawaii Veterans Cemetery are decorated with wreaths. So I ask for your support. All those in favor of approving Resolution 359-25, please say "aye." Page 20 Hawaii County Council-25 October 22,2025 Vote on Res. 359-25: The motion to adopt Res. 359-25 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. 360-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOLUALOA VILLAGE `OHANA TO ASSIST WITH EXPENSES FOR THE 23RD ANNUAL MUSIC AND LIGHT FESTIVAL Transfers $4,300 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 565 Intr. by: Council Member Inaba Vote on Res. 360-25: Mr. Onishi moved to adopt Res. 360-25. Seconded by (Adopted) 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. Res. 361-25: 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 12 STEP OHANA CLUB OF KONA, INC., TO ASSIST WITH EXPENSES FOR ITS CLEAN AND SOBER COMMUNITY SUPPORT PROGRAM IN NORTH KONA Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 566 Intr. by: Council Member Inaba Page 21 Hawaii County Council-25 October 22,2025 Vote on Res. 361-25: Mr. Onishi moved to adopt Res. 361-25. Seconded by (Adopted) 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. Res. 362-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TWO KA`U KAKOU FOR THE 2ND ANNUAL KALO FESTIVAL, KANIWALA KALO O KA`U Transfers $5,253 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 567 Intr. by: Council Member Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 362-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Galimba. MS. GALIMBA: Just asking for my colleagues' support for this kalo festival that had its first very successful instance last year. And want to continue that effort to bring folks together in my community. CHR. INABA: Mahalo. All those in favor of approving Resolution 362-25, please say "aye." Vote on Res. 362-25: The motion to adopt Res. 362-25 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 22 Hawaii County Council-25 October 22,2025 Res. 363-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE FRIENDS OF HAWAI`I VOLCANOES NATIONAL PARK TO SUPPORT THE VOLCANO CYMBIDIUM ACRES ROAD MAINTENANCE COMMITTEE'S WILD PIG CONTROL PROJECT Transfers $7,000 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. 568 Intr. by: Council Member Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 363-25. Seconded by Ms. Villegas. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. This is an effort to help a particular community in Volcano that has a particularly bad wild pig problem. And actually,part of it is caused by some folks feeding wild pigs on their private property. I think the whole community has a pretty severe problem. So this is a way to help them with that and I think it will. So, asking for your support. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. Happy to support this. And I hope you'll be able to maybe share some of the results on how this works out. Because, I'm sure that many of us have neighborhoods that are impacted by pigs, and would like to kind of know how to watch the progress of this project. So thank you and happy to support. CHR. INABA: All those in favor of approving Resolution 363-25, please say Ic aye. Vote on Res. 363-25: The motion to adopt Res. 363-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 23 Hawaii County Council-25 October 22,2025 Res. 364-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ALANUI `O KA`U FOR ITS 2ND ANNUAL KA`U WELLNESS FESTIVAL Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 569 Intr. by: Council Member Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 364-25. Seconded by Ms. Villegas. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. This is, again, the second annual festival, and this one takes place in Hawaiian Ocean View Estates. And just having this kind of very positive event I think is very helpful. Thanks. I ask for your support. CHR. INABA: All those in favor of approving Resolution 364-25, please say LC " aye. Vote on Res. 364-25: The motion to adopt Res. 364-25 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. 365-25: 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 BIG ISLAND LIONS FOUNDATION TO ASSIST WITH EXPENSES RELATING TO THE 2025 DOWNTOWN HILO CHRISTMAS LIGHTS PARADE Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 570 Intr. by: Council Member Kagiwada Page 24 Hawaii County Council-25 October 22,2025 Motion to Approve: Ms. Kagiwada moved to adopt Res. 365-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Just wanting everybody to know that you're invited to participate in the Big Island Lions Foundation Downtown Hilo Christmas Lights Parade, which will be November 29 h. That's the Saturday after Thanksgiving. Would love to see you all there, and looking for your support. Thank you. CHR. INABA: All those in favor of approving Resolution 365-25, please say Ic aye. Vote on Res. 365-25: The motion to adopt Res. 365-25 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. 366-25: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATING TO THE 2025 HAWAI`I ISLAND VETERANS DAY PARADE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 571 Intr. by: Council Member Hustace Motion to Approve: Mr. Hustace moved to adopt Res. 366-25. Seconded by Mr. Onishi. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Just joining my colleagues on this resolution in support of a veterans day parade. Also want to express mahalo and gratitude to Colonel Deb Lewis and all of our veterans in this recognition. Thank you, Chair. Page 25 Hawaii County Council-25 October 22,2025 CHR. INABA: All those in favor of approving Resolution 366-25, please say Ic aye. Vote on Res. 366-25: The motion to adopt Res. 366-25 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. 367-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KOHALA HERITAGE CENTER TO ASSIST WITH EXPENSES FOR ITS MEDIA CENTER AND READING CORNER Transfers $3,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 572 Intr. by: Council Member Hustace Motion to Approve: Mr. Hustace moved to adopt Res. 367-25. Seconded by Mr. Onishi. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Honored to support the Kohala Heritage Center. If you're ever up in the Kapa`au area across the street from the Kamehameha Statue, the Kohala Heritage Center is a newly refurbished building that was once the old Bond Memorial Library that had gone into disrepair over the years, and neglect. But the group there and the community members and the volunteers have really come forward to present such a beautiful space for the community. They have cultural displays up regularly, and it's really a welcome and open space for community to pass on through and really step into that historic space. Just wanted to support them as they grow and as they provide more to the community. So, grateful for all your support on this. Mahalo. CHR. INABA: Thank you. All those in favor of approving Resolution 367-25, please say "aye." Page 26 Hawaii County Council-25 October 22,2025 Vote on Res. 367-25: The motion to adopt Res. 367-25 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. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 85 The following individual registered to speak and came forward when called by (COMM. 502): the Chair: Curtis Tyler: In support. Bill 85: AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKS Amends the parks and recreational facility schedule for Kipapa Park to Kipapa Park 7-7-008:020, 100. Reference: Comm. 502 Intr. by: Council Member Onishi Approve: PCHSW-5 (Note: The following from Council Member Dennis "Fresh" Onishi dated October 21, 2025, were circulated: 1) Comm. 502.1, transmitting proposed amendments to Bill 85; and 2) Comm. 502.2, transmitting material regarding Bill 85.) Motion to Approve: Mr. Onishi moved to pass Bill 85 on first reading and adopt Policy Committee on Health, Safety, and Well-being Committee Report No. 5. Seconded by Ms. Villegas. MR. ONISHL Thank you, Chair. So, Mr. Tyler,you give me too much credit. A constituent in my district is a Kipapa. She mentioned to me that for many years, they were promised that the park would be named Kipapa Park. So when I started moving on this, thanks to Clayton Honma, our Director of Parks and Recreation, he kind of made it aware that there was only one parcel listed in that section of the Page 27 Hawaii County Council-25 October 22,2025 Code of the parks. And so now, we needed to add another parcel, which was 100. Then, when Mr. Tyler found out—and also thank you to (Assistant) Corporation Counsel J Yoshimotohe also helped with authoring this whole thing too. But with Mr. Tyler's knowledge, he brought up about this whole history of how all these properties had gotten acquired by the County. And as we moved on, we found out that's true and that someplace along the line, once the Council passed it and purchased these properties, it was never put into the Code of the parks. So that's why we're here today. But before I amend the bill, I wanted to just introduce Communication 502.2. And it shows all the different properties. And so in this area,you see going get Parcels 23, 21, 20, 100, and 31. So we didn't know about Parcels 23 and 21, which Mr. Tyler brought to our attention. And so we had to also include all of that. Because if you look back at the resolutions, it gives some detail of what these properties were supposed to be used for. And so now, what I want to do is make a motion to adopt Bill 85 with Communication 502.1. Motion to Amend: Mr. Onishi moved to amend Bill 85 with the contents of Comm. 502.1. Seconded by Mr. Hustace. MR. ONISHL With this, it includes all five properties that you folks see on the map. Mr. Tyler, do you have anything else to add? (Note: At this time, former Council Member Curtis Tyler came forward to address the members of the Council.) MR. TYLER: Thank you very much. It includes a map that your Council Aide prepared, and she needs to be commended for putting that together. Outstanding. MR. ONISHL Okay, thank you. So I'll yield at this time, Chair. CHR. INABA: Thank you. All those in favor of amending Bil 85 with the contents of Communication 502.1,please say "aye." Vote on Motion to The motion to amend Bill 85 with the contents of Amend: Comm. 502.1 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. CHR. INABA: Any further discussion? Vice Chair Onishi. Page 28 Hawaii County Council-25 October 22,2025 MR. ONISHL I'm just asking for your support. And because this is only the first reading, we don't have to suspend any rules. So we can go to the second (reading) with Draft 2. Just asking for your support. Thank you. CHR. INABA: Thank you. Mahalo, Mr. Tyler, for being here as well to speak on behalf of the `ohana. All those in favor of approving Bill 85 at first reading, please say "aye." Oh, sorry, Council Member Villegas, go ahead. MS. VILLEGAS: Did I miss the presentation of Communication 502.2? CHR. INABA: (Communication) 502.2 was discussed by Vice Chair Onishi, and that's just the map that is the overlay there. MS. VILLEGAS: Okay, great. I just want to say a word of gratitude to prior Council Member Curtis Tyler and longtime friend, historian, lineal descendant to this area for your continued vigilance and caring of not only the privilege but the burden of ensuring that the iwi of your ancestors are treated with respect and are cared for in the space in which they're lying in perpetuity. And thank you to Council Member Onishi for bringing this forward,recognizing it. And I appreciated hearing that those purchases happened back when you were serving. So that makes—all the connections are there. So thank you so much as this resides in my district and is a place I hold close to my heart as for its protection in perpetuity. So I yield. MR. TYLER: (Inaudible.) Mahalo. CHR. INABA: Thank you, Council Member Villegas. All those in favor of approving Bill 85, as amended, at first reading please say "aye." Vote on Bill 85: The motion to pass Bill 85, as amended to Draft 2, on first Draft 2 reading and adopt Policy Committee on Health, Safety, and (Approved) Well-being Committee Report No. 5 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 29 Hawaii County Council-25 October 22,2025 BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 52: AMENDS CHAPTER 25, ARTICLES 1, 4, AND 5, OF THE HAWAI`I COUNTY (Draft 2) CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO HENNERIES Allows hens for household egg production on single-family, double-family, multiple-family residential, residential-commercial mixed use, and residential and agricultural zoning;provides for certain conditions and regulations. Reference: Comm. 286.6 Intr. by: Council Member Kimball Approve: PCPLUED-7 (Note: Comms. 286.7 and 286.8, from Council Member Heather L. Kimball dated October 15, 2025, transmitting proposed amendments to Bill 52, Draft 2, were circulated.) Motion to Approve: Ms. Kimball moved to pass Bill 52, Draft 2, on first reading and adopt Policy Committee on Planning, Land Use, and Economic Development Committee Report No. 7. Seconded by Ms. Villegas. CHR. INABA: Council Member Kimball. MS. KIMBALL: If I may, I would like to start right in with the amendments based on the discussion in the Committee hearing. Motion to Amend: Ms. Kimball moved to amend Bill 52, Draft 2, with the contents of Comm. 286.7. Seconded by Ms. Kagiwada. MS. KIMBALL: This amendment proposes to add back in specifically ducks, guinea hens, and quails as egg-producing poultry, while still excluding geese and turkey and the noisier variety of birds based on some of the conversation. Happy to hear what folks think. Thank you. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: You have good eyes, Chair. Thank you. Question to the maker: The usage of the word"and"between guinea hens and quails, does that mean that to be in accordance with this legislation then,you need to have all of those birds in your hennery or that you can have—should it be more appropriate as an "or"? Page 30 Hawaii County Council-25 October 22,2025 MS. KIMBALL: That's a good question. Mr. Clerk, as the purveyor of those who purvey the Code, should that be an "or"? MR. HENRICKS: No. Would you like a further explanation? MS. KIMBALL: No. MR. HENRICKS: You're welcome. MS. KIMBALL: Thank you. MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Clerk. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I yield. CHR. INABA: All right, any other discussion? Council Member Kagiwada and then Vice Chair Onishi. MS. KAGIWADA: Just thanking the maker for making this amendment. I'm in full support. CHR. INABA: Vice Chair Onishi. MR. ONISHL Is Planning Director Jeff Darrow in the chambers? MS. KIERKIEWICZ: He is approaching. MR. ONISHL Okay, thanks. (Note: At this time, Planning Director Jeffrey Darrow came forward to address the members of the Council.) MR. DARROW: Aloha, Chair Inaba, Vice Chair Onishi, and members of the Hawaii County Council. Jeff Darrow with the Planning Department. MR. ONISHL Thank you, Director. The only concern I have is about ducks. If someone wanted to raise ducks, would the same format for raising chickens be the same way of how many ducks you could have on your property? MR. DARROW: Give me one second. Sorry. In the bill itself, it doesn't look like it addresses specifically the number of poultry outside of hens as far as amounts. I thought it did but it does not appear that it does. It's specific to the number of hens. Maybe the maker of the bill might be able to clarify. Page 31 Hawaii County Council-25 October 22,2025 CHR. INABA: Council Member Kimball. MS. KIMBALL: In the context of this bill, the terminology for hens applies to the various species, not just chickens. So it would be the same calculation as the terms of the permissible number. I would reflect, though, that per the last amendment we made in Committee, there was that additional language about requiring to meet DOA (Department of Agriculture) guidelines with respect to the caretaking of certain types of species. So that may have an influence on the number based on what is the recommended guidelines there. MR. ONISHL So, Director, my concern would be about the noise. How would you folks deal with that? MR. DARROW: I believe that's exactly why that amendment was made at the last hearing regarding oversight for the other different departments that actually manage that. This would not be the Planning Department's kuleana. We would be focused mainly on the use itself. MR. ONISHL So someone would have to call the police. MR. DARROW: I believe it would be the Department of Health. MR. ONISHI: With noise only. MR. DARROW: Correct. MR. ONISHL Okay. I guess, with this action committee person, excuse me, can you come forward? CHR. INABA: Vice Chair Onishi, Mr. Pelletier was here for(inaudible) MR. ONISHL I know but I just wanted to ask how they feel about allowing ducks, the CDP (Community Development Plan) Action Committee. (Note: At this time, Kona Community Development Plan Action Committee Member John Pelletier came forward to address the members of the Council.) MR. PELLETIER: John Pelletier, Kona Community Development Plan Action Committee. I am only authorized, I believe, to speak on Bill 63 today. MR. ONISHL Oh, okay. MR. PELLETIER: We haven't— MR. ONISHL Have you guys looked at this? Page 32 Hawaii County Council-25 October 22,2025 MR. PELLETIER: It has been brought up at the committee, this bill. MR. ONISHL Don't you folks have a lot of residential? MR. PELLETIER: Yes. The Kona CDP does cover residential, yeah. But it hasn't been discussed at our committee. MR. ONISHL Okay. MR. PELLETIER: Thanks. MR. ONISHL Thank you, I yield. CHR. INABA: On the amendment, any further discussion? Seeing noneoh, Council Member Hustace. MR. HUSTACE: Just a question to the maker in terms of the numbers because - I just wanted to hear your thoughts on this because does the size of the birds, you know, produce a certain number of eggs, size of eggs, but the number is still the same regardless of the species. But quail in particular, and guinea hens, are kind of on the smaller side. So the number still restricts only that"two hens for the first three thousand square feet." So quails are really producing a lot fewer eggs and a lot smaller eggs. And typically, we see quails that are at a much larger scale that are produced. You have a large poultry farm for quails in particular. They produce a lot of hens there. So I just wanted to share that and if you have any other thoughts on that. MS. KIMBALL: I invite you to come up with a formula that's based on the production or bird size and the square footage and how many birds are MR. HUSTACE: No thank you. MS. KIMBALL: Let me throw it into ChatGPT and see what they suggest. But, yes, I mean I think that there's probably room for review of this legislation as we see it implemented. And if that numbering does present a problem for some of the smaller birds, I think it bearsI mean, I can bring something to the next hearing that might offer some alternatives based on productivity. But I don't think we want to get too complicated. MR. HUSTACE: No, I agree. Thank you, Council Member. Thank you, Chair. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of amending Bill 52, Draft 2, with the contents of Communication 286.7, please say "aye." Page 33 Hawaii County Council-25 October 22,2025 Vote on Motion to The motion to amend Bill 52, Draft 2, with the contents of Amend: Comm. 286.7 was carried by the following roll call vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Inaba—8. Noes: Council Member Onishi — 1. Absent: None. Excused: None. Motion to Amend: Ms. Kimball moved to amend Bill 52, Draft 2, with the contents of Comm. 286.8. Seconded by Ms. Villegas. MS. KIMBALL: This amendment is based on the recommended guidance from Council Member Hustace to just clarify this language, and make sure there wasn't any ambiguity. I have no issues with this friendly suggestion from Council Member Hustace. I encourage everybody else to support as well. Thank you. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Thank you, Council Member, for bringing this forward. It was kind of part of the discussion about the safety, security of the poultry themselves, but also the conversation about the potential impact to our native bird species and native predator bird species, especially when it comes to Avian bird flu and those sort of vectors. So thank you for bringing this forward. I'm going to support this. Mahalo. CHR. INABA: Thank you. Any other discussion? All those in favor of further amending Bill 52 with the contents of Communication 286.8, please say "aye." Vote on Motion to The motion to amend Bill 52, Draft 2, with the contents of Amend: Comm. 286.8 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 34 Hawaii County Council-25 October 22,2025 Vote on Bill 52: The motion to pass Bill 52, Draft 2, as amended to Draft 3, Draft 3 on first reading and adopt Policy Committee on Planning, (Approved) Land Use, and Economic Development Committee Report No. 7 was carried by the following roll call vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Inaba—8. Noes: Council Member Onishi — 1. Absent: None. Excused: None. Bill 63: AMENDS CHAPTER 25, ARTICLE 5, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO DWELLINGS Permits residential dwellings within the industrial-commercial mixed use (MCX) zoning district. Reference: Comm. 333 Intr. by: Council Member Onishi Approve: PCPLUED-8 (Note: Comm. 333.5, from Council Member Dennis "Fresh" Onishi dated October 16, 2025, transmitting proposed amendments to Bill 63, was circulated. Also, Comm. 333.6, from Kona Community Development Plan Action Committee Chair Charles Young dated October 17, 2025, transmitting testimony on Bill 63, was circulated.) Motion to Approve: Mr. Onishi moved to pass Bill 63 on first reading and adopt Policy Committee on Planning, Land Use, and Economic Development Committee Report No. 8. Seconded by Mr. Hustace. Motion to Amend: Mr. Onishi moved to amend Bill 63 with the contents of Comm. 333.5. Seconded by Ms. Villegas. CHR. INABA: Vice Chair Onishi. MR. ONISHL This was from when we had the first reading. I forgot to have this communication added to the bill, which was for taking care of Civil Defense's concerns, which is going to be now a setback of 200 feet from the property boundary, which it's adjoining any general industrial districts. So I'm asking for your support. CHR. INABA: Any discussion on the amendment? Seeing none, all those in favor please say "aye." Page 35 Hawaii County Council-25 October 22,2025 Vote on Motion to The motion to amend Bill 63 with the contents of Amend: Comm. 333.5 was carried by the following voice vote: (Approved) 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. MR. ONISHL Okay, so you folks have heard testimony especially coming from the west side, their concerns. We have Planning Director Jeff Darrow in the Hilo chambers. And he and I talked about some of the concerns that were brought up. And so, Director, could you help us, and we can go by each, I guess, issue from the Kona CDP Action Committee on their concerns. (Note: At this time, Planning Director Jeffrey Darrow came forward to address the members of the Council.) MR. DARROW: Sure. Thank you, Vice Chair Onishi. Jeff Darrow with the Planning Department. So again, this is in reference to Communication 333.6 from the Kona Community Development Plan Action Committee, their comments in regards to Bill 63. Overall, they recognize that the proposal is generally consistent with the community development plan, although they have some concerns regarding certain areas. I'll address those individually. The first concern was that Chapter 25 allows neighborhood parks,playgrounds, and so on and so forth within similar areas, such as commercial districts, multifamily. And they were asking whether or not there was a consideration to add neighborhood parks,playgrounds, etcetera, in the MCX District. We can do that. We're in the process right now of preparing the amendment to the comprehensive Zoning Code. That will come before the Council after the General Plan is adopted and amended. This particular matter, I can bring before our staff that are reviewing the changes and see if that will work. It doesn't seem like it would be out of character, given the majority of commercial land uses within the MCX District, as well as now the addition of the proposed residential uses. The next bullet is saying it should be viewed as an opportunity to increase urban density; therefore, single-family residential should not be included. Our concern with that is that if a particular business has a business owner that would like to live in the business, in the sense of smart growth principles, typically that would be a single-family type use. So we would request that the single-family residential use still be considered as part of this amendment. Page 36 Hawaii County Council-25 October 22,2025 Next bullet. "There should be conditions addressing mitigation of noise and air pollution affecting residents in this district." This is something that is not addressed through the Zoning Code. Again, this would be something that the Department of Health would issue. This particular zoning district is one that typically does not have these types of issues of noise and air pollution. I'll read the purpose to the zoning district after we go through this so that you understand the reasoning for why I just mentioned that. Next bullet. "There should be a condition that would not allow multifamily development within MCX districts to be used as short-term vacation rentals." Currently, short-term vacation rentals are not permitted within the MCX zoning district mainly because there are no dwellings within the MCX District. In the proposed amendments that I see coming forward, I do not see MCX as being a district that would allow them as well. We'll keep this in mind as we move forward. Next bullet. "There should be conditions that would result in the development of affordable or workforce housing, since the stated goal of this legislation is to provide workforce housing in close proximity to places of employment." If this bill passes, it would obviously not be able to be applied to current existing zoning areas, but it would apply to zoning districts that come in for a change of zone from one district to MCX. In that zoning ordinance, there would be a condition that would require an affordable housing agreement to be approved through the Office of Housing, especially if you're incorporating residential uses within that zoning district. And that's typical with our other zoning districts, commercial districts that allow residential. Next bullet. "To support the increased density resulting from dwellings in MCX- zoned areas, Bill 63 should include provisions to develop necessary multi-modal infrastructure, enabling residents to walk or use transit for commuting and helping mitigate traffic and parking challenges." Again, typically when a change of zone comes in, these particular types of infrastructure requirements, such as curbs, gutters, sidewalks, mitigation for traffic and parking, are part of that particular zoning ordinance. As far as overall existing zoning, that would be done as those particular areas are built up through CIP (Capital Improvement Project)projects or other types of infrastructure projects. "Bill 63 should require MCX districts to be connected to County sewage to avoid overloading onsite wastewater systems by residential use." Typically, when we receive a request for, again, change of zone to a particular zoning district, definitely need to be connected to County water. Sewage has to be complied with, whether it's through sewer or whether it's through the possibility of a wastewater treatment plant or a package plant or whatever that may be. The areas that are generally in North Kona, we're looking at the areas near Costco as well as Makalapua, they're about to come in. Right now, it's currently zoned Page 37 Hawaii County Council-25 October 22,2025 MCX, but it's actually going to be transitioning to a project district. I believe that area is also connected to sewer in that area. So these larger MCX areas are currently connected. But as new areas come in, we will definitely make sure that they comply with infrastructure requirements. Lastly, "the County Council should consult with the Department of Water Supply as to whether new residential developments seeking approval in the MCX districts located in West Hawaii would be granted water for the development." Based on concurrency within the Zoning Code, Chapter 25-2-46(m), you need to have County water available if you're going to move forward with a rezoning to this particular zoning district or any other zoning district. That's one of the requirements of concurrency. There is an exception, Subsection N, but that applies to areas in the island that have no infrastructure in place. A good example would be Hawaiian Ocean View Estates. Hopefully, that addresses those questions. I did want to just reiterate real quickly the purpose of the MCX District that's stated in 25-5-130 of the Zoning Code. The purpose of the MCX mixed use district is to allow the "mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses without exposing nonindustrial uses to unsafe and unhealthy environments. This district is intending to promote and maintain a viable mix of light industrial and commercial uses." As mentioned at Committee, there are very few light industrial uses within the MCX District. A total, I believe, that are not within any other commercial district would be approximately three of the uses. Warehousing and wholesaling are two of those uses. Thank you. MR. ONISHL Thank you, Director. I just wanted to point out that in the third bullet point from the top, there should be conditions addressing mitigation of noise and air pollution affecting residents in this district. Earlier this year, we approved, and I'm going to mention again, hospitals to be put in, allowed, and also senior rest homes. And so if we're allowing our seniors to live in this area, but they're not, to me, not even working, right. They're not part of the workforce. Whereas, a family—like Director mentioned, if the owner of this business wanted to live upstairs of the business or in the back of the business, then that should be allowed. And then the other thing I just wanted to make a note of is that, Director, on now these self-storage companies on these properties, do they come in to your department requesting if they can have one of those security homes or those shelters, that they have somebody on property like 24/7? Page 38 Hawaii County Council-25 October 22,2025 MR. DARROW: As mentioned at Committee, one of the permitted uses within the ML and MG Districts is it allows for living quarters for watchmen or custodians in connection with the operation of any permitted use. And so, typically, we'll see a dwelling unit come in for certain uses within the ML and MG, and our staff catches that. And the response is, "Oh, that's the living quarters for our watchman or custodian." We typically allow it to happen. But basically, it's somebody there that's going to oversee the property, as well as probably do exactly what we're trying to do here,be able to have somebody operate the business and live there at the same time. MR. ONISHL Thank you. I'll yield at this time. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Thank you, Council Member Onishi, for the continued conversation on this. Director Darrow, the amendment that we just added in on the setback from general industrial, wouldn't that also speak to conditions and mitigation of noise and air pollution to a certain extent in those transition areas? MR. DARROW: That was the intent. That's as much as I believe we can do. It could have been a greater setback, but all of us—Civil Defense was actually the agency that brought this request forward. We met with them and came to an agreement that that would be a good addition, because of the fact that more impactful uses are located within the general industrial districts. So this provides that good buffer between them. MR. HUSTACE: Thank you, Director. I know we had some previous conversations. Chair Inaba, you had the presentation from the Department of Water Supply and their work presenting water commitments for particular properties. I don't know all those details, but that would really highlight those parcels that either have met their commitments or still have outstanding commitments for their water supply side there too. Director, could you there was some testimony on transient-oriented development. As we improve the use and expand the use and kind of break some of this Euclidean zoning and add more capacity and density into these areas, and this being one of those kind of transition-zoned areas, wouldn't this also speak to TODs (transit-oriented developments)? MR. DARROW: Thank you for that question, Council Member Hustace. The Kona Community Development Plan initiated these areas within the Kailua urban area called transit-oriented developments, or TODs. They identified where we would want to see these particular TODs set up. When an applicant comes in to be able to do a project and it's within that particular area, the community development plan directs them to seek a project district-type zoning. And that is a Page 39 Hawaii County Council-25 October 22,2025 zoning that allows many different types of uses that are found within the commercial districts, as well as the residential districts. It does not allow uses within the industrial districts. So that's one little difference when we're talking about establishing a TOD in relation to the MCX zoning. Our direction is to create a project district-type zoning for those TODs, and they have to be a particular size or greater to be able to establish that. We're working on one right now. I had mentioned it earlier; Makalapua, which is currently zoned MCX, but they're coming in for a project district to establish that particular TOD in that area. As part of that, all of the infrastructure, different types of uses through a master plan will be established. Hopefully, that helps. MR. HUSTACE: Thank you, Director. I'll yield, Chair. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. First of all, thank you to the Kona CDP Action Committee for kind of doing a deep dive on this and providing some really good comments. I actually pretty much support all of your comments. And given that Hilo is the only district lacking an action committee, I do really appreciate doing this. Because even though Kona is discussed many times today already, I do believe this applies to all MCX districts. And there are several around the County that are not located in Kona. So I have similar questions as far as not Kona. Are TODs established anywhere else, Planning Director, in our County right now? MR. DARROW: I believe I'm not the best person to answer this question. We do have staff that are currently working, my understanding, with the Department of Transportation and other agencies to look at possible TODs within the Kea`au, Pahoa, and Hilo areas. I can't tell you exactly where they are in that process, but I believe they've been identified. I can follow up with you on that and provide you with additional information as far as where they're at in that process, and also provide you with a contact of somebody that can be able to maybe invite you to some of those meetings and stuff. MS. KAGIWADA: Thank you. Do any of those either include or overlap with MCX District? MR. DARROW: Currently, in the Hilo and Kea`au areas, you'll find most of the MCX zonings within the Waiakea Houselots area, and that's been through transition of each of them coming in for a change of zone. So it's intermixed with commercial zoning, residential zoning, MCX zoning. You have Target, which is also zoned MCX. In Kea`au, you have the area by Milo Street, as well as an area Page 40 Hawaii County Council-25 October 22,2025 that is just above the main four-way, or the main bypass area in Kea`au. It's just mauka of it, but it has not been established. And I believe there's one in Pahoa, the Malama Market. So it's not that's why I believe we're focused more on the MCX in Kona, because they have significant established MCX zoning districts in areas, whereas in other areas around the island, it's sporadic and it's not as concrete in those particular areas. MS. KAGIWADA: Okay, thank you. So if this bill passes, or when this bill passes, will people who want to do residential in the MCX District need to come in for a change of zone? MR. DARROW: If this particular bill passes, it would be a permitted use in the MCX zoning district. If they're already zoned MCX, they would be able to begin doing it. MS. KAGIWADA: Okay. Because several of the, or a couple at least, of the bullets that you talked about,you stated that it shouldn't be an issue because when they come in for a change of zone, it will be addressed. But actually, if this passes, they won't need to necessarily come in for a change of zone, correct? MR. DARROW: I was referring to the fact that there's not much we can do to the existing zoned areas, as far as requiring them to do any additional conditions. But when somebody comes in and changes the zoning, at that point conditions of zoning would be able to put in the affordable housing condition the requirements for curbs, gutters, sidewalks, and infrastructure, as well as wastewater and water. MS. KAGIWADA: Okay, so it's—all right. And when you spoke of the affordable housing, workforce housing potentially being addressed in a change of zone, you're speaking to the current or,yeah, whatever happens with the Code, but a small portion of development being assigned to affordable or workforce housing. Correct? Not an actual workforce housing or affordable housing full-on project. Is that correct? MR. DARROW: I'm not sure I understand your question. MS. KAGIWADA: Well, it seems to me the bullet from the Kona CDP Action Committee was talking about wanting to see development of affordable and workforce housing projects. That's my reading of this in these MCX zones. But my understanding, if people come in for a rezone, they're only going to be responsible for a small portion of their overall project being either affordable or workforce housing. MR. DARROW: Thank you for that, Council Member Kagiwada. So it looks like, in reading this, I believe they are asking that should there be conditions, Page 41 Hawaii County Council-25 October 22,2025 there should be conditions that would result in the development of affordable or workforce housing, since the stated goal of the legislation is to provide workforce housing in close proximity to the places of employment. So I believe it would still be consistent with this request by adding in that condition that a portion of the project go for affordable or workforce housing, as well as the overall commercial- or industrial-type use that would be a part of that. MS. KAGIWADA: Can you just briefly state what the current affordable housing requirements are for, say, a ten-unit multifamily building would be. MR. DARROW: So currently, that would be 20 percent of that particular number. MS. KAGIWADA: So two units out of ten. MR. DARROW: Correct. MS. KAGIWADA: Okay. If you don't mind, can I request the CDP person to come? Okay. Thank you, Chair, for the leeway. (Note: At this time, Kona Community Development Plan Action Committee Member John Pelletier came forward to address the members of the Council.) MS. KAGIWADA: Aloha. MR. PELLETIER: John Pelletier, Kona Community Development Plan Action Committee. MS. KAGIWADA: Thank you so much and thank you for being here. So I just wanted to ask, is that what the intention of this bullet around affordable and workforce housing was from the CDP Action Committee, was to just include that small percentage in any development? Or were you hoping that there would be actual affordable housing projects, workforce housing projects that would be considered or encouraged or required for these areas? MR. PELLETIER: Thank you so much for the question and for looking so much into our testimony. Generally, the theme of it is the Kona CDP kind of asks more from more top-down planning. And more planned communities is really the goal of like the TODs in the CDP. And we think this bill just allowing housing doesn't go far enough to really accomplish a lot of the goals of the bill of creating a walkable community, workforce housing. And so really, a lot of the testimony isa lot of the comments are asking Planning, asking Council to really look at this more and try to plan more for these communities, to make it work the way the intention is. Page 42 Hawaii County Council-25 October 22,2025 MS. KAGIWADA: Okay. I'm not sure if you fully answered my question. Is your intention that anyone would just need to meet that 20 percent of any—so it could be 80 percent market rate, 20 percent affordable or workforce housing. Was that kind of the intent of your discussion, or are you hoping for higher amounts of affordable and workforce housing? I guess that's my question. MR. PELLETIER: Yeah. I think the intention of that comment was to hope for more. I mean, that's the goal of this bill, right, to create workforce housing. But there's no really conditions in the bill to do that beyond that small percentage. And I don't know. It sounds like if there's not a zoning change, do we even get that affordable portion in there? If we just put multifamily housing inside an already zoned MCX District, do we even get that 20 percent portion? I'm not sure it sounds like we do. So we would be supportive of more, and more guaranteed workforce housing. MS. KAGIWADA: Great. Thank you so much. Appreciate that. Yeah, I'm also supportive of more affordable and workforce housing. So I don't know. I feel like this, like you said, Director, this would only happen in a change of zone, and yeah, and it would be the 20 percent. So hopefully, maybe the maker, or I'd be happy to look at a friendly amendment if you're open to it, to include a higher percentage or a way to encourage more affordable or workforce housing in these zones. I yield. CHR. INABA: Council Member Kimball and then Council Member Kaneali`i- Kleinfelder. MS. KIMBALL: Thank you. If I can ask either the maker or the Planning Director, was this a department-initiated amendment? Or was this something that you had a request from a particular property owner or constituent to proceed with? I'm just curious what the impetus was initially. MR. ONISHL To me, I think it was a combination because after we passed the hospital and senior rest homes, I turned to the Director and said, "Can't we start doing something for the workforce families to help them be closer to work?" Director agreed and that's how we created this. MS. KIMBALL: So, Director, do you know offhand how many acres within the County we have in MCX zoning? It looks like, in reviewing the current planning map, that we have some in Hilo, some in Kona, and maybe one or two parcels in Kea`au. But I don't see much more than that. MR. DARROW: We have 414 acres. MS. KIMBALL: Four hundred and fourteen acres. We have how many acres in total on this island? So it's like 1 percent of our total acreage? Page 43 Hawaii County Council-25 October 22,2025 MR. DARROW: I would believe that's far less than 1 percent. It's not a zoning district that is widely used. And I think that is one of the benefits of this bill, seeing that it would offer the ability to also do residential. I would like to just real quickly, since we're talking about the different aspects of the bill, I don't believe that this particular amendment to the Zoning Code would be the place to make a change regarding the amount of workforce housing or affordable housing. I believe that would be something we'd want to focus on in the amendment to Chapter 11 where they would ask for more in the MCX zone. MS. KIMBALL: Although, if I may, Director, in response to that, Chapter 11 typically does not take effect unless there's a rezoning ordinance, which adds compliance with Chapter 11 as a condition of approval. And so, kind of coming back to what Council Member Kagiwada said, in the list of items from the Kona CDP, those things would be part of conditions of approval for a rezoning ordinance. But once dwellings are a permitted use within that zoning, there is no requirement to come in for a rezoning ordinance and have those conditions added. Given that we have such a small percentage of our land in this particular zoning class and that—they are very different. So you have over by Costco on the Kona side. You have over by the park in Kea`au. You have over by the airport, Target in Hilo. And so each of those areas have different types of things next to them. And I raise that because it seems like this is maybe not a one-size-fits-all when you talk about some of the concerns that the Kona CDP Action Committee has. In some locations, it may be perfectly acceptable, given the surrounding parcels, to have dwellings in that location. In others, I think it's less suitable, and you create a place where you have potentially some environmental discrimination in terms of affordability with respect to the housing. Given that we have less than 1 percent of our properties in this zoning district, I would think that it is better if the owner wanted to come in and build residential units on there, that they come in for a project district or they come in for a rezoning ordinance and then these conditions that have been suggested by the Kona CDP can be placed, including that requirement for the affordability of the housing or for infrastructure requirementscurbs, gutters, sidewalks, whatnot. If there were a larger portion of our property in the zoning district and there was more uniformity about where it was located, I could see this amendment making sense. But right now, I think the better course of action for the County and the community is to stick with the rezoning to allow for that, the residential use in the MCX areas. Thank you, I yield. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Director Darrow, why wasn't this allowed already? Page 44 Hawaii County Council-25 October 22,2025 MR. DARROW: I really can't answer that. I mean it's this was in 1996 that this particular code was initiated. I would have to look toI believe they had MCX in previous codes before that. I think the push now there was a previous push, and I'm sure Vice Chair Onishi is familiar with that. That one, there was a lot of discussion. That one, I don't know if it was shelved or if it—what happened there, but with the direction of smart growth, live/work/play, the need for housing opportunities to increase, we're looking at every possible opportunity to be able to create housing options. This one makes sense. It's very similar to the commercial zoning districts, except for these additional uses that I had mentioned, which are not the ones that you're going to find in ML or MG that have high impacts. And so again, we've been seeing people come in and do these roundabout things with this living quarters and watchmen. But this is more that these people can build a business, have an opportunity to live there,work there, and even possibly have some housing options within that particular zoning district. MR. KANEALI`I-KLEINFELDER: Okay. I'm thinking back to something I read in the paper. There was a chlorine spill near someone's residence. It was basically, it's—what I'm speaking to is the interplay between industrial, commercial, and residential. I mean, we have industrial uses and we begin to allow housing to be developed in industrial areas. The things that come with industrial use are not always amenable to people living next door, having kids next door. I'm not opposed to the legislation, but I'm wondering, maybe on behalf of Planning or on behalf of Corporation Counsel, if the legislation were to pass and something happens where the folks living within the housing we've allowed in the industrial area have an area—have a concern with noxious fumes from the industrial plant or any of the uses in industrial that are allowed, what then is their recourse and what does the County do? MR. DARROW: Previously, I had read the purpose of the MCX zoning district. The MCX zoning district makes a statement that the intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy environments. So it's indicating that this district should not be allowing unsafe- and unhealthy-type environments. The uses that are described that are "light industrial"would be, as mentioned, wholesaling, warehousing, newspaper plant, something like that. It's not very many. It's very minimal. It's not like the light industrial and the general industrial. And I believe that having that setback, if anyone proposes any residential uses in the MCX, they have a 200-foot setback from any general industrial zone to be able to continue to protect those uses from affecting those residents. Page 45 Hawaii County Council-25 October 22,2025 MR. KANEALI`I-KLEINFELDER: Okay, so ultimately, we're comfortable with the language. If there were any crossover from industrial use to the housing allowed in the limited industrial MR. DARROW: General industrial. MR. KANEALI`I-KLEINFELDER: General industrial, then the folks living in that housing would be MR. DARROW: (Inaudible.) MR. KANEALI`I-KLEINFELDER: Unable to forward a lawsuit should they want to? I know it's maybe far-reaching, but if we're allowing for the housing to be built, then we allow for that to happen, and then when there is there may be an issue in the future, we've allowed it to happen. MR. DARROW: We could always be sued, right? We're sued almost—every time anything happens, we're always sued. We're being sued for some issues that's happening in Kona that we had nothing to do with. We have a general commercial zoning, which has pretty heavy commercial-type uses. That particular zoning district allows for the same types of residential uses that are being proposed in this bill. MR. KANEALI`I-KLEINFELDER: Okay. I'll look into the uses a little bit more, but think on the long-term effects. I know you're a proponent of the bill; that's what I'm hearing right now. And(inaudible) I don't have any major opinions one way or the other, but I'm just thinking down the line. We allow housing to be built. We have a family living in the house. The area is being used for maybe—whatever it might be used for by whatever industrial-type activity is happening. Those don't always blend well with residential housing or housing opportunities, and we start discussing affordable housing and things like that. Those things don't always go hand in hand, which may be why they weren't in there in the first place. So that's my thoughts. Thank you. CHR. INABA: Coming back to Kona, Council Member Kimball. MS. KIMBALL: Thank you. I'll be brief. Director, could you please read that definition one more time of MCX? MR. DARROW: "The purpose of the MCX industrial commercial mixed use district is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide the areas of diversified businesses and employment opportunities by permitting a broad range of uses without exposing nonindustrial uses to unsafe and unhealthy environments. The district" Page 46 Hawaii County Council-25 October 22,2025 MS. KIMBALL: So I think you are reading the last half of that in one way, and I'm reading it in another, which is to say that MCX allows for these commercial and industrial uses to be mixed together for this broad range of available uses. But public health and safety is protected because there are not these residential uses within these areas, not because of the allowance of the mixing. And to Council Member Kaneali`i-Kleinfelder's point with respect to the liability, people are just going to sue us no matter what. But at the end of the day, it comes down to whomever develops that property, if they were to develop residential on it, they're going to have to do assessments and whatnot to determine health and safety there. And then it would also come down a little bit to buyer beware, right. And so, the question is not so much what is our liability, but what is the potential liability we are creating for future owners and developers on these properties. So I would argue that the safety concerns there that are addressed in the definition of MCX actually have to do with the fact that it does not include residential uses. And that is why it allows for these other things but still maintains public health and safety. Again,just reiterating that given the discussions by my colleagues and the bullet points from the CDP, which I think should have a little bit of extra weight here because most of the (inaudible) is in Kona, conditions of rezone would account for these things. Once it becomes a permitted use, there is not that opportunity to add conditions. It is going to be a permitted use and that's it. Thank you. CHR. INABA: Council Member Villegas. MS. VILLEGAS: Why I like the concept of a mixed use and—what I think back to is when you drive though, let's say, Honoka`a Town and you have the little store downstairs, and upstairs is the apartment where the family lives that runs the bakery or the post office or whatever that is. But being that, from what I can tell, Kona, and specifically the Old Industrial Area, would be where this legislation would have the most impact. I'm also aware of the sale of a large SLOSS (single large or several small) of land in that area to foreign investors right now. And so, my red flags are going up because I wonder if the not your intention, Council Member Onishi. I get that you guys are trying to find solutions for this. But I have some concerns that this could accidentally be manipulated. I also hold the highest regard for the Kona CDP and the list of professionals and experts in Planning that dedicate hundreds of hours for the betterment of our community. And their expertise far surpasses mine when it comes to land use, zoning, all the nuances of that process. I suppose I'm not—if I can support this moving forward, I would need much more clear and much more precise and detailed solutions to the issues being brought up in this, in the letter from the Kona CDP. And so, my request from the maker bringing this forward would be perhaps to put this on pause and have more Page 47 Hawaii County Council-25 October 22,2025 specific meetings with the Kona CDP. I would also like to see if it's 1 percent of the land on the Big Island, where that is because I have a feeling that most of it's right in District 7. And as Kona continues to grow, which that is—life is growth. Life is change, growth is optional. So I want to ensure that this is conscious, planned, and it coincides with the vision,purpose, and decades of intention that's been put behind the Kona CDP. So I, myself, will defer to their wisdom when it comes to that, and will be happy to work in alignment with that to try and get us, if we can, get to a point. But I also appreciate the questions that tie it to the specifics of the why now. So with that, I yield. I can't support this moving forward today in its current form and without these issues being resolved. I yield. CHR. INABA: Vice Chair Onishi. MR. ONISHL Thank you, Chair. Director, earlier this year, this body passed the changing—al lowing hospitals and senior rest homes in this area. Correct? MR. DARROW: Correct. MR. ONISHL Now, senior rest home, what does that mean? What could it be? What could it be like? Could it be an apartment building for seniors? Or could it be housing for seniors? MR. DARROW: Yes. MR. ONISHL Okay, so listening to all the discussion, one is the concerns about, I guess, pollution, gas, and all these kinds of stuff for safety. So I look at this body today, and we are going to let our seniorsI mean, it's allowable now. So someone can come in to build a senior complex in this area and we allowed it. And now, we're trying to do family dwellings to help our work—and this is basically done because of workforce to help the workers who live in the area, or the businesses who work in that area, to help even for them or for their workers so that they don't have to travel so far away. But now, I'm hearing all these, I guess, concerns, but this was never brought up earlier this year. So this body is saying, "We don't care about hospitals. We don't care about seniors. We don't care about homeless." Because, this all started from that homeless shelter down across Kona brew. Right? Was it Kona brew, right, that— MS. VILLEGAS: (Inaudible.) MR. ONISHL Yeah. And that's when I brought it up: How can we allow a homeless shelter to be put in that area, in a mixed commercial area, and not allowing other—having living families working that work in these areas, these businesses to be allowed to live there? Page 48 Hawaii County Council-25 October 22,2025 Now, with Civil Defense's concerns, when they brought up their concerns, we looked through the whole uses of this area for this zone. Right? Do you remember that, Director? MR. DARROW: Yes. MR. ONISHL And almost half of what is allowable in that zone, MCX, would be—supposed to be taken out. We created a list, correct? I sent you a list and then you added on a couple more uses within the MCX. MR. DARROW: I'm sorry, Vice Chair, I'm not understanding what you mean by "take out." MR. ONISHL Well, because of Civil Defense's concerns that they had, I sent an email back to them saying, "Okay, if you folks are totally against having residential, then we're going to have to redo all these other uses. Like, for example, the hospitals, the senior rest homes, and so forth." Right? MR. DARROW: Correct. MR. ONISHL Yeah. And so, was a whole bunch. I mean, it was almost half of all the uses. So if you folks are really concerned about all of what you folks are saying, then we've got to reevaluate the uses in the MCX and take out a lot of these uses. Because, what I'm hearing today and what we did in the past, it just doesn't match up. So I'll just yield at that. I've done it before. I tried to propose it; it didn't go. And then so, if it doesn't go, it doesn't go. Thanks. I yield. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Yes. Totally understanding the frustration on the part of the maker, and in agreement that residential and senior homes and hospitals, not seeing a real difference between health and safety for those different uses. So I'd love to figure out how we can make this work, while ensuring health and safety and everybody feeling okay about that. I guess the two things that I would also really like to see is, I agree, even after the Planning Director talked about his thoughts on single-family, I don't believe we should be building single-family in the MCX zones. And it sounds like there's always been a little bit of a way, based on what's written in our Code already, to satisfy the issue of somebody who's a caretaker or a store owner or something to have a dwelling next to their business or as part of their business. So I'm less concerned about taking out single-family. And I do want to figure out a way to ensure that new residential development in these zones are primarily focused on either affordable or workforce housing. So yeah. But overall, I think it's not really ready to move on at this point, but happy to consider how we can address those issues. I yield. Page 49 Hawaii County Council-25 October 22,2025 MR. DARROW: Chair? CHR. INABA: Planning Director. MR. DARROW: Thank you, Chair. Just want to mention that that allowance that allows for the living quarters for watchmen or custodians is not included in the MCX District. So I just wanted to let you know that. Additionally, I would just encourage the Council to take a brief look through the uses in the MCX District. You'll see that a majority of them, I would say over 90 percent of them, are uses that are also found in other commercial zoning districts. I come across approximately three uses that aren't found, and I don't see them as high industrial-type uses. They're very light industrial type. As mentioned, one is warehousing. The other is wholesaling and distribution. There's one that's publishing plants for newspapers, books, and magazines. But the rest of them you'll find basically in other commercial zoning districts. Thank you, Chair. CHR. INABA: Thank you, Director. Council Member Hustace. MR. HUSTACE: Thank you, Chair. Just one last thing. I'm kind of hearing the conversation going on. In terms of cost of living and those other utilities that are needed for single-family homes in other residential areas, we would often see some of these utilities already within the vicinity of MCX areas, within these commercial and centralized areas within communities. So that would reduce some of that overhead for the expansion of projects. I think what we're asking for for more affordable and workforce housing that are in that vicinity of the area, is to be able to reduce some of the impact. Thank you, Chair. CHR. INABA: Council Member Villegas. MS. VILLEGAS: Just a quick comment. Council Member Onishi, I appreciate your comments about the homeless shelter, a shelter for the unhoused, that is on Pawai (Place), next to the brewery. It's widely believed by business owners there and community that that is not the best placement for that space. MR. ONISHL (Inaudible.) MS. VILLEGAS: Yup. Gotcha. And I commiserate with your recognition of six, one, half a dozen of the other, and if this—what is it, one—one thing doesn't fit all, so as we navigate the nuances. So thank you for your patience as we continue to journey through this process. I yield. CHR. INABA: Council Member Kaneali`i-Kleinfelder. Page 50 Hawaii County Council-25 October 22,2025 MR. KANEALI`I-KLEINFELDER: Good eyes, Chair. Mr. Darrow, did the amendment 333.5 go through already? CHR. INABA: Can you clarify the question, Council Member? MR. KANEALI`I-KLEINFELDER: The amendment, Communication 333.5, was that brought in already? CHR. INABA: Yes. We voted in favor. It's been passed and the bill has been amended. MR. KANEALI`I-KLEINFELDER: Okay, thank you. Mr. Darrow, Section B speaks to what I was referring to. And this makes me more comfortable. Reading through the allowed uses in general industrial, the one that's glaring is the storage of explosive materials. That is my reasoning on why housing near—and I need to clarify. The general industrial area is my concern when we haveI see MCX and general industrial fitting well together just as far as what I would assume Planning is looking to do in certain areas. When you have general industrial tucked up next to MCX and we begin to allow housing in that area, that is a concern. So this amendment makes me feel more comfortable. On the other side of that, do we allow senior homes in MCX right now? Did I hear that correctly? MR. DARROW: There was an amendment earlier this year to allow hospitals; sanitariums; old age, convalescent, nursing, and rest homes. MR. KANEALI`I-KLEINFELDER: In the MCX area. MR. DARROW: Correct. MR. KANEALI`I-KLEINFELDER: I don't love the logic based on "If we voted for that one, we should vote for this one,"Mr. Onishi, but I do see the relevance. The amendment makes me more comfortable and more amenable to the bill. Thank you. CHR. INABA: Council Member Kimball. MS. KIMBALL: I encourage my colleagues to review the Planning Department's GIS (Geographic Information System)public interface, which actually shows where all of the MCX-zoned parcels are. Most of them—and I would ask you to bring this to the next hearing if there is one, Mr. Darrow, how many are actually still undeveloped. Many of them are actually already developed. So when we talk about permitted uses and these other the hospitals, the care homes there Page 51 Hawaii County Council-25 October 22,2025 are only probably in my count three locations, four locations perhaps, where that would actually even be possible, given the size of the lots and whatnot. So I don't necessarily think there's something incongruent there. But I would just come back to if there are these things that we want to make sure don't happen that relate to public health and safety, a rezone process is the best way to deal with this. And it could be initiated from us. It could be initiated from the Director if they thought that was the appropriate thing for that place, or the property owner. But that allows us to put those conditions in place. Thank you. CHR. INABA: Any further discussion? All right, I'm just going to weigh in real quick. First and foremost, I want to mahalo the Kona CDP Action Committee for their work and their recommendations, some of which Director Darrow addressed. And when I'm thinking about what this proposal does, I guess the only concern I have is for those whoI mean, we've kind of all maybe expressed it in our own way, but for those who already have this zoning, there is no trigger for an affordable housing requirement. So, wondering if we can get a little creative. I'm not going to ask for a solution right now, but maybe for the introducer and Planning Department if there's language that could be included here that speaks to folks who have that zoning already who would like to engage in the development of this type of residential uses, that we would be able to capture them and make sure that there's an affordable component, since we already have that in Chapter I I for those who will rezone to MCX in the future. I guess that's my only concern. Because if we're trying to really address housing, and we know we need a scale, but again we can always try and maybe assume that we're not going to get affordable housing if we just let it be as it is. And (inaudible)just see market rates go in, and we have to ask how does that help our community and those that need housing right now. I do also want to just refer the Council and the public back to Communication 333.4, which shows a map and various parcels across the island that are zoned MCX, which was provided I believe by the Planning Department in the earlier hearing. So that can also be used as a reference to understand where these 400 acres are across the island. So with that, I think there's still room for this bill. I think for me, it's a matter of who are we helping that's the question—and how are we going to make sure that it's those people that we're helping. So, Vice Chair Onishi? MR. ONISHL Thank you, Chair. Director? MR. DARROW: Yes? Page 52 Hawaii County Council-25 October 22,2025 MR. ONISHL Okay. Do you think that we could maybe do some adjustment or add in things from what has been said, and make it more restrictive on the use of workforce housing? MR. DARROW: I think that, from what I'm hearing, is the need for existing zoning that considers residential dwellings to somehow be connected to an affordable housing component. Typically, that happens, as mentioned, during rezoning when we add in that condition. We can take a look at the possibility, just as we did this setback, at the time of plan approval for a residential dwelling. We could possibility consider if it's a legal option to be able to place an affordable housing review or component or requirement on any new residential dwellings proposed in the MCX District, regardless if they're coming in for a rezoning or existing. So that's something we can look at. MR. ONISHL Okay. And then it was mentioned that in certain MCX areas, there were not as many lots that are available to do a housing project. Would you know offhand, like say, for example, Old Kona Industrial Area, what would be the build-out for that side? MR. DARROW: Currently, it's zoned MCX. And as mentioned, that's the location of where Lili`uokalani Trust is moving forward to change that to a project district to comply with the requirements of establishing a transit-oriented development. And that's the reason for that particular request. MCX zoning would no longer be there. But with the project district, it will include all commercial-type uses as well as residential-type uses. The other area is by Costco, that area that's just south of the light industrial area where all the shops are established that isn't developed yet. All of that. You see the infrastructure in, but you don't see any businesses that have been developed in that area yet. That's an area that hasn't been developed, a large MCX area. There could beI believe that's a consideration for a hospital. That could be a location for workforce housing. The areas in Kea`au, we have the one I had mentioned across from the bypass. That one has not been constructed or built. It's definitely lapsed. It would have to be considered for a time extension at some point to effectuate the zoning again. And then the ones in Waiakea Houselots have more small lots that typically came in for a change of zone. MR. ONISHL Thank you. So you think that we could maybe come up with something that could help with some of the concerns that were said? MR. DARROW: Sure. MR. ONISHL Okay. So, Mr. Chair, at this time, I'll postpone it to the next meeting in Kona. I want a month of this. Page 53 Hawaii County Council-25 October 22,2025 Vote on Motion to Mr. Onishi moved to postpone Bill 63, as amended to Postpone: Draft 2, to November 19, 2025. Seconded by Ms. Galimba (Approved) and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Bill 84: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 7, SECTION 24-292, SCHEDULE 40, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING METER ZONES Repeals the listing in subsection (c)relating to the eight-hour parking meter zone at the Aupuni Center parking lot. Reference: Comm. 501 Intr. by: Council Member Hustace (B/R) Approve: PCPWMT-7 Motion to Approve: Mr. Hustace moved to pass Bill 84 on first reading and adopt Policy Committee on Public Works and Mass Transit Committee Report No. 7. Seconded by Ms. Galimba. CHR. INABA: Council Member Hustace. MR. HUSTACE: We had some good discussion in Committee about this bill. In fact, you have probably already seen a lot of the covers on some of the meters there. So Acting Director Azevedo worked quickly on that, in covering those. So just asking for support in moving this along, if there are any questions. Thank you very much. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I've got to say I am continuously impressed by Acting Director Azevedo and his ability to get things done in this County. Just saying that for the record. Thank you. And he is here in the chambers if anybody needs him. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of approving Bill 84 at first reading, please say "aye." Page 54 Hawaii County Council-25 October 22,2025 Vote on Bill 84: The motion to pass Bill 84 on first reading and adopt Policy (Approved) Committee on Public Works and Mass Transit Committee Report No. 7 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Bill 88: AMENDS ORDINANCE NO. 10-32, AS AMENDED, WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL—7,500 SQUARE FEET (RS-7.5) AND MULTIPLE-FAMILY RESIDENTIAL— 1,000 SQUARE FEET (RM-1) TO MULTIPLE-FAMILY RESIDENTIAL— 1,500 SQUARE FEET (RM-1.5) AT KUKUAU IST, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEYS: 2-4-025:048, 053, AND 080 (Applicant: Ikaika Ohana) (Area: 5.05 Acres) The Windward Planning Commission forwards its favorable recommendation for this request to amend Condition D (Complete Construction), which would allow the applicant to start construction no later than January 2026, with an estimated completion timeline of 18-24 months. The property is located at 350 Kapi`olani Street. Reference: Comm. 513 Intr. by: Council Member Kimball (B/R) Approve: LAAC-23 Motion to Approve: Ms. Kagiwada moved to pass Bill 88 on first reading and adopt Legislative Approvals and Acquisitions Committee Report No. 23. Seconded by Ms. Galimba. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: I remain in support. Thank you. CHR. INABA: Thank you. All those in favor, please say "aye." Page 55 Hawaii County Council-25 October 22,2025 Vote on Bill 88: The motion to pass Bill 88 on first reading and adopt (Approved) Legislative Approvals and Acquisitions Committee Report No. 23 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Bill 91: 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 Public Works Kahakai Boulevard Safe Routes to School - Keonepoko Project($530,000) and the Kahakai Boulevard Safe Routes to School — Keonepoko—Federal Project($2,100,000) to the Capital Budget. Funds for these projects shall be provided from General Obligation Bonds, Capital Projects Fund— Fund Balance and/or other Sources ($530,000) and Federal Grants Receivable ($2,100,000). Reference: Comm. 539 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-92 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawaii County Charter Vote on Bill 91: Mr. Kaneali`i-Kleinfelder moved to pass Bill 91 on first (Approved) reading and adopt Finance Committee Report No. 92. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 56 Hawaii County Council-25 October 22,2025 Bill 92: 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 Increases the Public Works Mohouli Street Rehabilitation Project($635,000) and the Mohouli Street Rehabilitation—Federal Project($2,550,000)to the Capital Budget. Funds for these projects shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources ($635,000) and Federal Grants Receivable ($2,550,000). Reference: Comm. 540 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-93 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawaii County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 92 on first reading and adopt Finance Committee Report No. 93. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. Is Acting Director Neil Azevedo there? MR. KANEALI`I-KLEINFELDER: We do have Mr. Thompson here in the chambers, and Mr. Azevedo is not in the chambers right now. MS. KAGIWADA: Okay. Just reaching out to DPW (Department of Public Works) to ask, once again, to make sure that we are including some safety issues for Chiefess Kapi`olani School that's at the bottom of Mohouli Street. As we do this project, I realize it's not specifically a Safe Routes to School Project, but we do have a school there that has reached out to us and is asking for some safety improvements. So,just for the record, hoping to get confirmation from DPW that they will be attending to those issues as they complete this project. That's all. I yield. CHR. INABA: Thank you. All those in favor of approving Bill 92 at first reading, please say "aye." Page 57 Hawaii County Council-25 October 22,2025 Vote on Bill 92: The motion to pass Bill 92 on first reading and adopt (Approved) Finance Committee Report No. 93 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Bill 93: 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 State Grants —State Substance Abuse Prevention Coordination Grant account($50,000); and appropriates the same to the State Substance Abuse Prevention Coordination Grant account. Reference: Comm. 541 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-94 Vote on Bill 93: Mr. Kaneali`i-Kleinfelder moved to pass Bill 93 on first (Approved) reading and adopt Finance Committee Report No. 94. 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 THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Page 58 Hawaii County Council-25 October 22,2025 Bill 80: 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 Federal Grants —Justice Assistance Grant-Special Response Team Capability Enhancement Grant account($78,491); and appropriates the same to the Justice Assistance Grant-Special Response Team Capability Enhancement account, for a total appropriation of$129,028. Funds would be used by the Police Department for training, travel, specialized gear, and equipment. Reference: Comm. 479 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: October 8, 2025 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 80 on second and final reading. Seconded by Mr. Hustace. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I look for everyone's support. Thank you. CHR. INABA: Thank you. All those in favor, please say "aye." Vote on Bill 80: The motion to pass Bill 80 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Bill 81: 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 Federal Grants —Improve Forensic Services account ($23,640); and appropriates the same to the Improve Forensic Services account, for a total appropriation of$120,000. Funds would be used by the Police Department to purchase a new Gas Chromatography-Mass Spectrometry instrument. Reference: Comm. 480 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: October 8, 2025 Page 59 Hawaii County Council-25 October 22,2025 Vote on Bill 81: Mr. Kaneali`i-Kleinfelder moved to pass Bill 81 on second (Adopted) and final reading. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Bill 82: AMENDS CHAPTER 24, ARTICLE 9, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PEDESTRIANS Prohibits pedestrians from entering a roadway, obstructing traffic, or approaching moving vehicles for business and employment purposes. Reference: Comm. 481 Intr. by: Council Member Inaba First Reading: October 8, 2025 Motion to Approve: Mr. Onishi moved to pass Bill 82 on second and final reading. Seconded by Mr. Hustace. CHR. INABA: Thank you all for your input on this bill and for getting it to the final stage today. All those in favor of approving Bill 82 at second and final reading, please say "aye." Vote on Bill 82: The motion to pass Bill 82 on second and final reading was (Adopted) 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. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 550: TERI`I HOLZGROVE V. COUNTY OF HAWAI`I, EEOC NO. 486-2025-00407, HGEA GRV-25-0166 (TERMINATION), BOE 2025-17 From Deputy Corporation Counsel Demetri G. Lametti dated October 2, 2025, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Page 60 Hawaii County Council-25 October 22,2025 Motion to Close Ms. Galimba moved to close file on Comm. 550. Seconded File: by Mr. Onishi. CHR. INABA: Checking with the body if anyone needs to enter into Executive Session. MS. VILLEGAS: No, I don't believe we need to. CHR. INABA: All right. Is there a motion to accept the MS. KIMBALL: Chair, if I may? CHR. INABA: Go ahead, Council Member Kimball. MS. KIMBALL: I would just request, on the advice of Corporation Counsel, that I recuse myself from this matter as I had previous discussions with individuals involved about the matter involved before it was brought to us in this format. It's inappropriate for me to participate. CHR. INABA: Understood. Thank you, Council Member Kimball. Vote on Motion to Mr. Onishi moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 550. Seconded by (Approved) Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: None. Excused: Council Member Kimball — 1. Vote on Comm. 550: The motion to close file on Comm. 550 was carried by the Filed following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: None. Excused: Council Member Kimball — 1. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) Page 61 Hawaii County Council-25 October 22,2025 ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (Note: At this time, Council Members made announcements regarding community events, activities, and other unofficial business.) ADJOURN- There being no further business, Chair Inaba adjourned the meeting at 12:49 p.m. MENT: Council Approval: JAN 2 3 2026 C012NIY RK JH/dg Page 62