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HomeMy WebLinkAboutMIN COUNCIL 2026-02-18 2024-2026 Hawaii County Council 33`'d Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii February 18, 2026 INVOCATION: Kumu Malani DeAguiar of Simply Truth Ministries 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. Dennis "Fresh" Onishi, Acting Chair. ROLL CALL: Present: Mr. Dennis "Fresh" Onishi, Vice Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Ms. Jenn Kagiwada, Member (via videoconference from Hilo) Mr. Matt Kdneali`i-Kleinfelder, Member (via videoconference from Hilo; came in later) Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Heather L. Kimball, Member (via videoconference from Hilo; came in later) Absent& Excused: Mr. Holeka Goro Inaba, Chair Ms. Rebecca Villegas, Member PLEDGE OF The Acting 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 Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Mr. Hustace presented the February 2026 Hdweo Award to EXPRESSIONS OF Officer Leonard Warren of the Hawaii Police Department.) CONDOLENCE: Recess: At 9:18 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 9:24 a.m. Hawaii County Council-33 February 18,2026 STATEMENTS The Acting 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 Acting Chair: Tanya Aynessazian: Bill 128 (Comm. 713), in support. (See Comm. 713.25) John Pelletier: Bill 63, Draft 3 (Comm. 333.19), comment. (representing Kona Community Development Plan Action Committee) APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Acting Chair Onishi announced that the Minutes of November 19, 2025, were approved. REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. GOEAC-93 NOMINATION OF JENNIFER L. LAWSON TO THE PUBLIC ACCESS, OPEN (Comm. 703): SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION Requires Council Confirmation by: February 28, 2026 (Section 2-2150), Hawaii County Code) Vote on GOEAC-93: Mr. Hustace moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 93. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Page 2 Hawaii County Council-33 February 18,2026 GOEAC-94 NOMINATION OF LOUISA "SASA" ANTHONY LEE TO THE (Comm. 704): ENVIRONMENTAL MANAGEMENT COMMISSION Requires Council Confirmation by: February 28, 2026 (Section 13-4(k), Hawaii County Charter) MR. HUSTACE: Chair, a motion to close file on Communication 704, GOEAC-94, nominating Louisa Anthony Lee to the Environmental Management Commission. Motion to Approve: Mr. Hustace moved to adopt Governmental Operations and External Affairs Committee Report No. 94. Seconded by Ms. Galimba. ACTING CHR. ONISHL Any comments, members? Point of Information: MS. KIMBALL: Chair,just a point of information to the Clerk. ACTING CHR. ONISHL Yes. MS. KIMBALL: With respect to these reports, is it important that we state an affirmative support for the nomination, or just the close file and the motion? MR. HENRICKS: Essentially, the motion should just clarify that you're confirming the nomination in some way, shape, or form. ACTING CHR. ONISHL Okay. Is that okay? MR. HENRICKS: If that was unclear to the membership, then the member can clarify their motion. MR. HUSTACE: Mr. Chair, the motion is further clarified as nominating Louisa Anthony Lee to the Environmental Management Commission, in addition to closing file on the communication, and confirming the nomination (inaudible). Thank you, Mr. Clerk. ACTING CHR. ONISHL Any comments? Hearing or seeing none, all those in favor of approving GOEAC-94, say "aye." Page 3 Hawaii County Council-33 February 18,2026 Vote on GOEAC-94: The motion to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 94 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. GOEAC-95 NOMINATION OF KANOE SUGANUMA WILSON TO THE WINDWARD (Comm. 705): PLANNING COMMISSION Requires Council Confirmation by: February 28, 2026 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-95: Mr. Hustace moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 95. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. GOEAC-96 NOMINATION OF SHAWN "KELE" MAKAIAU TO THE LEEWARD (Comm. 706): PLANNING COMMISSION Requires Council Confirmation by: February 28, 2026 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-96: Mr. Hustace moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 96. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Page 4 Hawaii County Council-33 February 18,2026 GOEAC-97 NOMINATION OF ROLLIN RABARA TO THE FIRE COMMISSION (Comm. 707): Requires Council Confirmation by: February 28, 2026 (Section 134(k), Hawaii County Charter) Vote on GOEAC-97: Mr. Hustace moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 97. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. MS. KIMBALL: Chair, if I may? ACTING CHR. ONISHL Yes. MS. KIMBALL: Can we, at the advice of the Clerk, go back to Communication 703,just because that was approved without the clarification that we were confirming the nominee? ACTING CHR. ONISHL Okay. Mr. Clerk? MR. HENRICKS: Well, the vote was called. That would have been a time,prior to the vote, to ask for clarification on the motion. If the body is determined that it needs to be taken up again, there should be a reconsideration of the vote. ACTING CHR. ONISHL I feel—Ms. Galimba, do you have any ? MS. GALIMBA: I remember Mr. Hustace saying that he was confirming Ms. Lawson, so I think that one is fine. ACTING CHR. ONISHL Any other comments in Hilo? Okay, we're moving on. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Page 5 Hawaii County Council-33 February 18,2026 Bill 63: AMENDS CHAPTER 25, ARTICLE 5, OF THE HAWAI`I COUNTY CODE (Draft 3) 1983 (2016 EDITION, AS AMENDED), RELATING TO DWELLINGS Permits residential dwellings within the industrial-commercial mixed use (MCX) zoning district. Reference: Comm. 333.19 Intr. by: Council Member Onishi Postponed: October 22, November 19, December 3, 2025; and January 7, 2026 First Reading: February 4, 2026 (Note: Comm. 333.20, from Kona Community Development Plan Action Committee Chair John Pelletier dated February 13, 2026, transmitting comments regarding Bill 63, Draft 3, was circulated.) Motion to Approve: Ms. Kierkiewicz moved to pass Bill 63, Draft 3, on second and final reading. Seconded by Mr. Hustace. ACTING CHR. ONISHL Any comments? Ms. Kimball. MS. KIMBALL: Yes, please. Is Planning Director Darrow there in chambers? ACTING CHR. ONISHL No, he's not. MS. KIMBALL: Okay. I just wanted to follow up briefly on the conversation. There was some lack of clarity around the affordable housing requirement. In the interim since first reading, Planning Director and I had a conversation with Corporation Counsel and confirmed that should the use of any MCX property be residential, they shall be required to comply with Chapter 11 per the residential use. So 20 percent would be required to be available for affordable housing through that program. ACTING CHR. ONISHL Thank you. Anyone else in Hilo? Hearing or seeing none, all those in favor of approving Bill 63, Draft 3, on the final reading,please say "aye." Vote on Bill 63: The motion to pass Bill 63, Draft 3, on second and final Draft 3 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Page 6 Hawaii County Council-33 February 18,2026 Bill 114: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Increases revenues in the Federal Grants - Hawai`i County Police Department Roadblock Program Grant account($17,961) and appropriates the same to the Hawaii County Police Department Roadblock Program account. Reference: Comm. 681 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: February 4, 2026 Vote on Bill 114: Ms. Galimba moved to pass Bill 114 on second and final (Adopted) reading. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Bill 115: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Increases revenues in the Federal Grants —Occupant Protection Program Grant account($13,255) and appropriates the same to the Occupant Protection Program account. Reference: Comm. 682 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: February 4, 2026 Vote on Bill 115: Mr. Hustace moved to pass Bill 115 on second and final (Adopted) reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Acting Chair Onishi —6. Noes: None. Absent: Council Members Inaba, Kimball, and Villegas —3. Excused: None. Page 7 Hawaii County Council-33 February 18,2026 Bill 116: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Increases revenues in the Federal Grants —Hawai`i County Police Department 2023 Selective Traffic Enforcement Program Grant account($54,814) and appropriates the same to the Hawaii County Police Department 2023 Selective Traffic Enforcement Program account. Reference: Comm. 683 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: February 4, 2026 Vote on Bill 116: Mr. Hustace moved to pass Bill 116 on second and final (Adopted) reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Acting Chair Onishi —6. Noes: None. Absent: Council Members Inaba, Kimball, and Villegas —3. Excused: None. Bill 117: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Increases revenues in the Federal Grants —High Intensity Impact Grant account ($340,000) and appropriates the same to the High Intensity Impact Grant Program account. Reference: Comm. 684 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: February 4, 2026 Vote on Bill 117: Ms. Galimba moved to pass Bill 117 on second and final (Adopted) reading. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Page 8 Hawaii County Council-33 February 18,2026 Bill 118: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Increases revenues in the Federal Grants —Hawaii County Police Department Pedestrian and Bicycle Safety Grant account($54,098) and appropriates the same to the Hawaii County Police Department Pedestrian and Bicycle Safety Program account. Reference: Comm. 685 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: February 4, 2026 Vote on Bill 118: Ms. Galimba moved to pass Bill 118 on second and final (Adopted) reading. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Bill 119: AMENDS ORDINANCE NO. 02-93, WHICH AMENDED SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT `OULI, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-2-007:002 (Applicant: Clemson and Janet Lam) (Area: 5 acres) The Leeward Planning Commission forwards its favorable recommendation for the requested amendment to Condition D, which prohibits construction of a second dwelling unit on the property. The property is located at 62-2039 Kawaihae Road. Reference: Comm. 687 Intr. by: Council Member Kimball (B/R) First Reading: February 4, 2026 Page 9 Hawaii County Council-33 February 18,2026 Vote on Bill 119: Mr. Hustace moved to pass Bill 119 on second and final (Adopted) reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Bill 120: AMENDS ORDINANCE NO. 04-149, AS AMENDED, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FIVE ACRES (A-5a) TO SINGLE-FAMILY RESIDENTIAL—20,000 SQUARE FEET (RS-20) AT KALAOA 1 sT AND 2ND NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-3-011:068 (Applicant: Ernest and Elizabeth Young) (Area: 1.86 acres) The Leeward Planning Commission forwards its favorable recommendation for the requested deletion of Condition H, which prohibits construction of a second dwelling unit on the property, and to amend Condition C for a five-year time extension to secure final subdivision approval. The property is located at the southwest corner of the intersection of Mahilani Drive and Mamalahoa Highway. Reference: Comm. 688 Intr. by: Council Member Kimball (B/R) First Reading: February 4, 2026 Motion to Approve: Ms. Galimba moved to pass Bill 120 on second and final reading. Seconded by Mr. Hustace. ACTING CHR. ONISHL Any discussion? MS. KIMBALL: Chair? ACTING CHR. ONISHL Yes, go ahead. MS. KIMBALL: At the last meeting, first reading, there was some back and forth between the applicant and the Planning Department. I wonder if either is there to just confirm that they have resolved that discussion before we move forward. ACTING CHR. ONISHL Director Jeff Darrow is in the audience, so he'll be coming forward. Thank you. (Note: At this time, Planning Director Jeffrey Darrow came forward to address the members of the Council.) Page 10 Hawaii County Council-33 February 18,2026 MR. DARROW: Aloha, Chair and members of the Hawaii County Council. Jeff Darrow with the Planning Department. You were saying that there were questions from our last hearing on Bill 120, which was the Young application. So there were some correspondence back and forth between the applicant and myself, and I believe it's been resolved. I think it might be good to confirm that with the applicant. ACTING CHR. ONISHL Yeah, maybe the applicant should come up and just confirm everything, and introduce yourself. (Note: At this time, Elizabeth Young, applicant, came forward to address the members of the Council.) MS. YOUNG: My name is Elizabeth Young. Yes, Jeff answered all of our questions, so we are happy to move forward. ACTING CHR. ONISHL Okay, great. Ms. Kimball, anything else? MS. KIMBALL: No, nothing further. Thank you. ACTING CHR. ONISHL Okay. Anybody else in Hilo? Okay, hearing or seeing none, all those in favor of approving Bill 120 at the final reading, please say Ic aye. Vote on Bill 120: The motion to pass Bill 120 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Page 11 Hawaii County Council-33 February 18,2026 Bill 121: AMENDS ORDINANCE NO. 09-159, AS AMENDED, WHICH RECLASSIFIED (Draft 2) LANDS FROM AGRICULTURAL—5 ACRES (A-5a) TO MULTIPLE-FAMILY RESIDENTIAL—30,000 SQUARE FEET (RM-30) AT KEAUHOU, NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-8-010:101 (Applicant: Kona Country Club, Inc.) (Area: 51.058 acres) The Leeward Planning Commission forwards its favorable recommendation for the requested ten-year time extension to Condition D (complete construction). The property is located mauka of the Mamalahoa Highway Bypass, between the highway and the Kona Country Club mauka golf course. Reference: Comm. 689.5 Intr. by: Council Member Kimball (B/R) First Reading: February 4, 2026 Motion to Approve: Ms. Galimba moved to pass Bill 121, Draft 2, on second and final reading. Seconded by Mr. Hustace. ACTING CHR. ONISHL Any discussion? MS. KAGIWADA: Chair? ACTING CHR. ONISHL Yes, go ahead. MS. KAGIWADA: Just want to express my feelings on this. I'll still be voting "no" on this one just because the Council and the County support of more luxury homes for nonresidents is not the direction I think we should be going in. So I'll be voting "no." Thank you. ACTING CHR. ONISHL Okay. Any other members in Hilo? Okay, hearing or seeing none, all those in favor of approving Bill 121 MR. HENRICKS: Vice Chair Onishi, we need to do a roll call vote if there is any presuming that they're makingI'm sorry, Ms. Galimba would preparing to vote? Very good. ACTING CHR. ONISHL Okay, Mr. Clerk, why don't we do a roll call. MR. HENRICKS: Okay, thank you. Page 12 Hawaii County Council-33 February 18,2026 Vote on Bill 121: The motion to pass Bill 121, Draft 2, on second and final Draft 2 reading was carried by the following roll call vote: (Adopted) Ayes: Council Members Galimba, Hustace, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —6. Noes: Council Member Kagiwada— 1. Absent: Council Members Inaba and Villegas —2. Excused: None. Bill 127: AMENDS CHAPTER 5 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE ESTABLISHMENT OF A CONSTRUCTION CODE COMMISSION Establishes a construction code commission to advise the Mayor, County Council, and Director of Public Works on the adoption, updating, amendment, and interpretation of the County construction codes. Reference: Comm. 711 Intr. by: Council Members Kierkiewicz and Hustace Approve: PCPWMT-10 (Note: Comm. 711.1, from Council Member James E. Hustace dated February 18, 2026, transmitting proposed amendments to Bill 127, was circulated.) Motion to Approve: Mr. Hustace moved to pass Bill 127 on first reading and adopt Policy Committee on Public Works and Mass Transit Committee Report No. 10. Seconded by Ms. Galimba. ACTING CHR. ONISHL Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Vice Chair. Council Member Hustace and I have an amendment that's currently being processed and numbered. So I would like to make a motion to table Bill 127. Vote on Motion to Ms. Kierkiewicz moved to table Bill 127. Seconded by Table: Mr. Hustace and carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Page 13 Hawaii County Council-33 February 18,2026 MR. HENRICKS: When the matter is ready again, somebody will just make a motion to remove it from the table and that would be sufficient. ACTING CHR. ONISHL Okay, great. Bill 128: AMENDS CHAPTER 19, ARTICLE 6, SECTION 19-46.1, AND ARTICLE 11, SECTION 19-90, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES Adds a new "Residential Tier Three"real property tax classification for certain properties with a net taxable real property value of more than $4,000,000. Reference: Comm. 713 Intr. by: Council Members Kagiwada and Hustace Approve: FC-124 Motion to Approve: Mr. Hustace moved to pass Bill 128 on first reading and adopt Finance Committee Report No. 124. Seconded by Ms. Galimba. ACTING CHR. ONISHL Go ahead, Ms. Kagiwada. MS. KAGIWADA: Thank you. We had a good discussion about this last time. Just trying to think of ways that we can give our County more choices when we get into setting the tax rates and looking at our overall revenue and our expenses going forward. And this is something that has been looked at by other counties and implemented successfully, and also recommended by people who have been looking a lot at fair and more progressive real property tax structures. So I just want to, once again, reiterate that this is to create a tier three tax class in the residential section, which does not include homeowners, short-term rentals, or long-term rentals. I think it's also important that we remember that, as a County Council, we've already reduced some of our real property tax revenue this year by passing the ordinance about reducing the DHHL (Department of Hawaiian Home Lands) home lands taxes, and probably will be making a further reduction for the long- term rental tax class. So those are two things that we need to be aware of going forward. We've already basically reduced some taxes, and this will help us balance that out. I guess the last thing I just want to say is there is a little bit of confusion, based on what I've read in the newspapers about the $9 million for housing and homelessness services. That money has already been approved, and was coming out strictly of the second tier. The only change that we're making in this bill is allowing that already-approved amount to come out of the second and third tier in Page 14 Hawaii County Council-33 February 18,2026 order to be more flexible. So it's not a new fund that's being established by this proposed bill. And with that, I will turn it over and hope that my co-introducer can add anything that he wants. I yield. ACTING CHR. ONISHL Okay, thank you. Any other members in Hilo? Okay, if not, we're coming to Kona. Mr. Hustace. MR. HUSTACE: Thank you, Chair. I appreciate the opportunity to share a few words. I want to mahalo Council Member Kagiwada for working on this, bringing this forward as an opportunity to really look at an equitable approach in our tax structure and finding a balance, in particular on that high-end valuation of properties that are seen as investments in community and aren't our homeowner class in community here. So I do appreciate the conversation we had within Committee and, of course, some questions from community that we've seen come out from news articles and so forth. So appreciate the opportunity to address those questions here. One question that came up in Committee and some of the discussion last time was, why not just stick with the two tiers and just bump the rate for the second tier? And this is more of a step approach. When you add that third tier,you can kind of help balance that scale a little bit more. And in my perspective, a home and property valued at, say, $2.5 million is not the same home that's valued at $10 million or $20 million. There's a stark difference between those valuations and those particular properties and investments made. So trying to create that strata, and that tiered system really helps to create some equity and balance within,you know, revenue for the County but also balance for community and investment in the community going forward. So, appreciate the consideration on this discussion. And of course, that rate will be determined at a later point as we get further into the budget cycle here. So thank you, Chair. ACTING CHR. ONISHL Any other members? Hearing or seeing none, all those in favor of approving Bill 128 at first reading,please say "aye." Vote on Bill 128: The motion to pass Bill 128 on first reading and adopt (Approved) Finance Committee Report No. 124 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Page 15 Hawaii County Council-33 February 18,2026 Bill 122: AMENDS THE STATE LAND USE DISTRICT BOUNDARIES MAP WITHIN THE COUNTY BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-2-009:018 Approve: LAAC-30 Vote on Bill 122: Ms. Galimba moved to pass Bill 122 on first reading and (Approved) adopt Legislative Approvals and Acquisitions Committee Report No. 30. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Bill 123: AMENDS SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—5 ACRES (A-5a) TO RESIDENTIAL AGRICULTURAL—2.5 ACRES (RA-2.5a) AT WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-2-009:018 (Applicant: Joseph Ga Ig lone) (Area: 6.063 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map for the requested change of zone, which would allow the applicant to subdivide his property into two lots. The property is located at 62-2239 Kanehoa Place. Reference: Comm. 696 Intr. by: Council Member Kimball (B/R) Approve: LAAC-31 Motion to Approve: Mr. Hustace moved to pass Bill 123 on first reading and adopt Legislative Approvals and Acquisitions Committee Report No. 31. Seconded by Ms. Galimba. ACTING CHR. ONISHL Any discussion in Hilo? Okay, let's go to Kona. Mr. Hustace. MR. HUSTACE: Chair,just for the record, our applicants and their representative are here in the Kona chambers if anyone has any questions. Page 16 Hawaii County Council-33 February 18,2026 ACTING CHR. ONISHL Okay. Hearing or seeing none, all those in favor of approving Bill 123 on first reading, please say "aye." Vote on Bill 123: The motion to pass Bill 123 on first reading and adopt (Approved) Legislative Approvals and Acquisitions Committee Report No. 31 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. ACTING CHR. ONISHL Ms. Kierkiewicz, are you ready? MS. KIERKIEWICZ: Yes, Vice Chair. We've received the communication for Bill 127. Just want to confirm that you have received it in Kona. ACTING CHR. ONISHL Yes, we do. Vote on Motion to Ms. Kierkiewicz moved to remove Bill 127 from the table. Remove from Table: Seconded by Mr. Hustace and carried by the following (Approved) voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. ACTING CHR. ONISHL Okay, go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I appreciate the opportunity for continued discussion on this commission, which is something that is very practical and long overdue. It creates a formal, transparent, and technically grounded advisory body to help the County navigate I think one of the most complex and consequential policy areas that we manage. So, with that, after discussion at Committee regarding some requested changes, some housekeeping measures that members of the body would like to see, I'd like to make a motion to amend Bill 127 with the contents of Communication 711.1. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 127 with the contents of Comm. 711.1. Seconded by Mr. Hustace. Page 17 Hawaii County Council-33 February 18,2026 ACTING CHR. ONISHL On the motion, go ahead. MS. KIERKIEWICZ: Thank you. So, if members have this communication in front of them, starting with how the Commission is established, Section (a), adding near "substantial experience or expertise"the word "licensure." That was something that we heard from folks in the community that submitted testimony. It does not require a license, but it is something that should be considered when the Mayor does make appointments to this particular body. Removing the words "material supply" and just stating "building materials" because we want individuals with expertise and innovative building materials to serve on this particular commission. And then Council Member Kimball did bring up just the crisis our State is facing around homeowners insurance and the relationship to the construction code. So someone with that particular expertise could serve well on this particular body. And then, finally, wanting to ensure that there were proper resourcing in terms of clerical and administrative support for this particular commission so that it could carry out its duties. That's a high-level overview. Happy to answer any questions that the body might have. Thank you, Chair. ACTING CHR. ONISHL Okay. Any other members in Hilo? MS. KAGIWADA: Chair? ACTING CHR. ONISHL Yes, go ahead. MS. KAGIWADA: Just want to thank both the makers for this amendment. I do like all the changes. I'll be supporting. Thank you. ACTING CHR. ONISHL Okay. Any others in Hilo? Anyone in Kona? Okay, all those in favor of amending Bill 127 with the contents of (Communication) 711.1, say "aye." Vote on Motion to The motion to amend Bill 127 with the contents of Amend: Comm. 711.1 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Page 18 Hawaii County Council-33 February 18,2026 ACTING CHR. ONISHL Okay, back to the main motion. Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to urge my colleagues to continue to support this bill. It is an advisory body, and it's a structured venue to review our State code updates through a Hawaii County lens. This commission would advise on amendments and interpretations to the construction code. And I think that when we have folks in the community on this commission taking a look at codes that they actually utilize, they can surface unintended consequences before they become systematic problems, and I think improve coordination between the departments, the industry, and policymakers. The State sets the minimum standard for the code, and the counties live with the outcomes. And I think we really deserve a more localized, technical review before the Council adopts these codes. Thank you, Chair. ACTING CHR. ONISHL Okay. In Kona chambers, we have Director Segawa and Building Chief Aaron Spielman. Do you folks have any comments? (Note: At this time, Public Works Director Wesley Segawa came forward to address the members of the Council.) MR. SEGAWA: Wes Segawa, Director of Department of Public Works. I just received a copy of the amendment. I have not had a chance to review it and to discuss it with my staff. I would like to have that opportunity to do so and respond to this Council at the appropriate time, or as soon as we can get it done. But at this point, I don't have any comments;just to ask if we can have some time to review this revision. ACTING CHR. ONISHL What about the overall on the bill? MR. SEGAWA: The overall on the bill, we are here speaking basically against the bill as it is written. And I would also assume that it probably addresses these amendments within our position statement. Do you want us to share our thoughts? ACTING CHR. ONISHL Sure. MR. SEGAWA: I'll turn it over to our Acting Chief of the Building Division. His name is Aaron Spielman. (Note: At this time, Deputy Building Chief Aaron Spielman, Public Works Department, came forward to address the members of the Council.) MR. SPIELMAN: Hi, Vice Chair. Hi, Council Members. Aaron Spielman, Acting Building Chief. So, for a few reasons, our division is opposed to this Bill 127. We're worried that there will be bureaucratic layers added to the Page 19 Hawaii County Council-33 February 18,2026 system, to the process, that there will be internal costs and staffing challenges, that ultimately the commission may slow down decisions being made by the Director. If commissions only meet once a month, if they meet quorum, there could be delays in the rollout of memos from Director. I believe that interpreting a director's memo is counterproductive and doesn't come from a commission. We, as a State, currently have the Governor's emergency proclamation placing the State Building Code Council on pause. But I've been advised by the Governor's office that this will be reconvened, pending hiring of the executive and support staff. As of a few months ago, the Governor's office asked me to chair the SBCC (State Building Code Council). I don't have any dates of when it will be reconvened, but that's my understanding. So, with the State Building Code Council, any group, any entity can go lobby for an amendment or a change to the building codes. And based on the process, we'd like to see that start at the State and come down to the counties, rather than the County having its own independent rules or laws that might be in conflict with the State. Just to put it out there, any code, any amendment can be submitted to the ICC, the International Code Council, by anybody. You don't have to have special representation; anybody can write that code or amendment. So there currently is a process for amendments, and we don't think that a commission would progress this process. But maybe a question back to Council Member Kierkiewicz and Council Member Hustace, what's the driver? What's the need for this bill? Maybe we're not understanding your side of this conversation. I yield. ACTING CHR. ONISHL Okay. Ms. Kierkiewicz or Ms. Villegas, do you want to comment on that or respond? MS. KIERKIEWICZ: Yes, please, Vice Chair. ACTING CHR. ONISHL Okay, go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. It's so nice that we're able to finally have a conversation with the department. An invitation was extended during Committee, which was the proper time for us to be engaging in robust conversation at a bill. Just as a reminder, we are currently at first reading. I'm not quite sure if Director Segawa or Mr. Spielman were with the County at the time that the County Council adopted the last suite of building codes. Were either of you here at the County or engaged in that process? MR. SEGAWA: Councilwoman Kierkiewicz, you are correct; we were not with the County at the time the original code was adopted. MS. KIERKIEWICZ: And that is precisely why we are moving forward with this legislation. It was an incredibly difficult and complex process. It felt rushed. Page 20 Hawaii County Council-33 February 18,2026 And it would have been really valuable for members of this Council to be able to lean on a body that has the technical expertise and understanding of this monumental code. I'm not quite sure why you think that a commission would be bureaucratic. If anything, it provides more structured accountability and supports the work that you're trying to do, which is to create a more effective and efficient county government and permitting process. I'm not quite sure why you think that individuals that utilize the codes every single day and let you know that there is a problem, why that would be disadvantageous to the County. ACTING CHR. ONISHL Do you folks want to comment? MR. SEGAWA: She's actually asking what's our perspective on—maybe I should get MS. KIERKIEWICZ: At the end of the day, the State is adopting baseline model codes. I want to make sure that somebody's out there looking out for the best interest of Hawaii County, and a commission can work in partnership with the department to do exactly that. We need amendments that work for us and don't just automatically adopt codes that are more pertinent for the 48 contiguous states, which had happened the last time we went through the building code review. MR. SPIELMAN: Council Member Kierkiewicz, thanks for these comments. I was not at the County when the last code cycle came through. I was in private practice as an architect at the time. Generally speaking, we want to rely on the experts at the County, the technical experts, the subject-matter experts in their field. However, individual experts, individual citizens can make code change amendments. Although I can't speak to the process that happened before, I believe there was also a rush in time and that may have led to pressures on adoption, which may have led to what I hear as being some frustrations with the process. That process of adoption and what the State does with the national codes, what the County does with the State codes, those do have flexibility. And I would push back that the State and County don't adopt straight out of the lower 48, the contiguous 48, that we do have amendments—for example,jalousie windows that the Mainland does not. So, as we get into the technical aspects of code adoption, I think one of the questions is, at least what I heard Council Member Kierkiewicz allude to, is efficiency or speed of the permitting process. The State, under House Rep (Representative) Ilagan, had a SPEED (Simplifying Permitting for Enhanced Economic Development) Task Force that's been going on for the last several months. That's a statewide effort to improve permitting times. Page 21 Hawaii County Council-33 February 18,2026 I'm happy to say that the County of Hawaii Building Division is by far and away leading this effort in efficiency. And the permitting process is moving along very smoothly now. In terms of what— MS. KIERKIEWICZ: Chief Spielman, I apologize but we're not talking about permitting processes and efficiencies right now. We're talking about the strictness of our building codes. And this commission would ensure clarity and predictability within our codes, not ratcheting those standards upward. We're just talking about the codes before they're being adopted, and ensuring that there is local review by the folks on the ground that are going to be forced to live with the consequences of adopting codes. MR. SEGAWA: This is Director Segawa speaking. I apologize for getting sidetracked on that response. However, I'd like to offer, from my experience, Hawaii County has always used model codes since we became a state. It started off with the International Conference of Building Officials, ICBO, which many recall we used to call them the UBC, Uniform Building Code. We took that model code and adopted it with amendments for Hawaii County. The process back then worked where we were members of what was called, and still exists, HACBCO. I think it was called Hawaii Association of County Building Code Officials. And it was made up of code experts in the State that would gather and share information about the model code and how the model code needed to be amended and adopted for the State of Hawaii. And each county would adopt that model code with the amendments. And we lived through that. Now, pretty much the collaboration between the counties has become a State effort through this Building Code Council. So it's gone up to the State level where, prior to this, counties used to work together and develop the code, through model codes, to what we're looking at today. Now, one time there were three model codes in the United States. We had the Southern (Standard) Building Code. We had BOCA (Building Officials and Code Administrators International), which was the eastern building code. And we had the ICBO or the Uniform Building Code. They were all competing but they all had their purposes because of conditions in different parts of the country. West of the Mississippi pretty much was the Uniform Building Code. We took that code and adopted it with amendments to suit each county's design and environment requirements. So that's what we've been using all these years. It's just that this State Building Code Council kind of took that effort away from the counties and made it a State effort. And we do still have a say on the State Building Code Council. Aaron serves on that council. They invite professionals, lay people, trades people, skilled people to provide testimony. So it's not something strictly decided by just a small bunch Page 22 Hawaii County Council-33 February 18,2026 of individuals. And we take that—we must accept the technical portions of that state building code, but we can play with or amend the administrative code, which we have, to suit Hawaii County's needs. So I just wanted to share that little history about the building codes and how we got to where we are today. ACTING CHR. ONISHL Okay. Ms. Kierkiewicz, any other comments? MS. KIERKIEWICZ: Yeah, thank you, Vice Chair. I'm just going to continue to urge my colleagues to support the bill as it has been amended today. Our County faces really distinct conditions, and it really does require localized review. And I think this commission would be a strong and valid partner in ensuring that the codes that we do adopt are suitable for Hawaii Island. Thank you, Chair, I yield. ACTING CHR. ONISHL Okay. Mr. Hustace. MR. HUSTACE: Thank you, Vice Chair. Thank you, Council Member Kierkiewicz, for starting us off here in this conversation. I appreciate the opportunity to work with you on this. We've had this initial conversation regarding department of building last year. I think there was that good conversation about that. And this was that piece in there that the members thought was most beneficial to the community, to the County, to then provide this body the express knowledge on things that we all don't have that experience in for sure. And I think you can recognize that, Chief Spielman, on our work here and what's the experience that we need and the guidance. So we'd look to this commission in that advisory capacity to help depoliticize some of that work when we come to updating those codes going forward. So I do see this as an opportunity to engage with partners in community that have licensure, that have this express experience in the field when it comes to the built environment to then work with the County in providing those amendments up to the State, and for our particular County here. So I do find it as a beneficial entity. There is that idea that it could slow things down, but I think we could structure it in a sense when it is established to work collectively with the Building Division and working on projects forward(inaudible) and providing those amendments collectively. So I'll leave it there for now. Really interested to see what other questions there might be about this, and I appreciate the consideration. Thank you. ACTING CHR. ONISHL Ms. Galimba. MS. GALIMBA: Thank you. Based on your comments, it seems that the part of this bill that was of most concern to you was Section 5,powers and duties, Item No. 4, which was "Review technical guidance, policies, and interpretations made by the director relating to the construction code,"which I can sort of understand this like an internal process. So I can understand your point about adding another Page 23 Hawaii County Council-33 February 18,2026 sort of process to that. I don't know if you want to talk about that a little bit more, but I'm also wondering if that particular item were to be amended out or said in a different way, whether that might make this commission concept more agreeable. MR. SPIELMAN: Hi. Aaron Spielman. In response, thank you, commissioner Galimba. I'd be willing to read and review and comment on an amended bill. But without seeing the whole thing together, I'm a littleI can't answer your question. No. 4-but I think we have letters. Can you just refer to that reference again? MS. GALIMBA: So this is on the original Bill 127. So Section 5, blank, blank, powers and duties. MR. SPIELMAN: Oh, okay. Sorry. So you're referencing No. 4 on the original bill, and I think this updated communication is slightly different. No. 4, "Review technical guidance, policies, and interpretations made by the director relating to the construction code." My understanding is the Director has the technical guidance and the understanding of the construction code to make these decisions. And we don't ratchet up requirements. So I feel that having a commission to review the interpretations by the Director might be redundant. So I would agree that if No. 4 is stricken or rewritten, that we would reconsider—at least on that item. Sorry, I'm not sure because this is all new to me, but we do have our legal Corporation Counsel in Hilo, and he might have some input on the legal framework of what's being discussed. Would it be appropriate to call on him for testimony? ACTING CHR. ONISHL Go ahead, yes. Is that—? MR. SPIELMAN: Sinclair Salas-Ferguson. MS. KIERKIEWICZ: He's in chambers, Vice Chair. ACTING CHR. ONISHL Okay. Can you come up? (Note: At this time, Deputy Corporation Counsel Sinclair Salas-Ferguson came forward to address the members of the Council.) MR. SALAS-FERGUSON: Good morning, Chair, Council Members. Deputy Corporation Counsel Sinclair Salas-Ferguson. I can just provide a general legal framework for what you guys are talking about. So, whenever there's a new international or national code issued, the State Building Code Council has two years to take that and amend it and adopt it to fit Hawai`i's circumstances. On that Building Code Council, there's 12 members. Four of the members are Page 24 Hawaii County Council-33 February 18,2026 building officials from each of the counties that are appointed by the mayor. The rest of the members are, one is from the State Fire Council, Department of Labor and Industrial Relations, the Hawaii State Energy Office, Hawaii Emergency Management, Structural Engineers Association of Hawaii, American Institute of Architects, someone from the Building Industry Association of Hawaii or the General Contractors Association of Hawaii, and then somebody from the Subcontractors Association of Hawaii. So all of those experts are on that council. And they've taken those new international and national codes and they fit it for Hawaii. For example, they took the International Residential Code, and they adopted it with amendments. There's 30 pages of amendments. So they amended it pretty substantially. Once the State Building Code Council adopts the State Building Codes, then the counties have two years to amend and adopt those codes. And going back, if the State Building Code Council doesn't amend and adopt those updates within two years, it automatically becomes part of the State Building Code, and then the County has two years to amend and adopt those codes. So they have two years once the State Building Code Council adopts the Hawaii State Building Codes. When the County gets it, the County has sole authority over the administrative permitting enforcement and inspection procedures of the code, which is codified in our Chapter 5, our construction administrative code. The County is limited as far as what it can do to the technical requirements of the State Building Code once it's adopted by the State. So the County can amend what's been adopted by the State as long as it's not, and this is what the Council and Public Works and the different departments and the trade associations, or whoever wants to have input with the County amendments of the code—any amendment of the State Building Codes cannot be inconsistent with or tending to defeat the intent of the State Building Codes. And the intent of the State Building Codes is to establish minimum requirements to safeguard public safety, health, and welfare. So the County can amend it as long as it doesn't affect the intent of the State Building Codes. The other legal thing that I saw in this code or in this that's relevant to this discussion is that Chapter 5 of the Hawaii County Construction Administrative Code says that the authority having jurisdiction, which is the Director of the Department of Public Works, is required to render interpretations of the code and adopt policies. So I just wanted to let everybody know that that's the legal framework, I guess, behind what your guys' discussion is today. Thank you. ACTING CHR. ONISHL Ms. Galimba,you still have the floor. MS. GALIMBA: Thank you. So, if I'm understanding what you just said, potentially—well, this is just an advisory body, so I don't think it would take away the authority of the Director, per se, but it could potentially require Page 25 Hawaii County Council-33 February 18,2026 another—if we take this commission very seriously and require any interpretation by the Director to go through, it would add some time without necessarily having anything but an advisory function. Is that sort of—am I interpreting what you just talked about as far as the authority of the Director in relation to this Item No. 4 that we were just discussing in this bill? MR. SALAS-FERGUSON: Yeah, so I thinkI think I understand your question. Basically, it's an advisory commission. The authority to amend the code always rests with Council, and the authority to render interpretations rests with Public Works. Does that answer your question? MS. GALIMBA: Yeah. I just wanted to make sure I was understanding it correctly. So I guess I'd go back to Public Works. We were talking thank you so much for the input. That was very helpful. And I guess, going back to perhaps we should look at this Item No. 4 at some point before the final vote on this bill. And I will yield for now. ACTING CHR. ONISHL Any comments on that? Go ahead. MR. SPIELMAN: Sorry, Aaron Spielman. Just on No. 4? We would review any amended bill that came before us and provide feedback to the body. MS. GALIMBA: Thank you so much. ACTING CHR. ONISHL Okay, moving back to Hilo, any other members? MS. KIMBALL: Yes, please, Chair. ACTING CHR. ONISHL Go ahead. MS. KIMBALL: Thank you to the makers for presenting this in response to our previous conversation about the considerations of forming an actual division or, sorry, a department of building. The comment was made about this adding an extra layer of bureaucracy. As mentioned, it is advisory in nature. I won't say that this is universally true, but generally speaking where there isn't bureaucracy, there's politics. And when there isn't politics, there's bureaucracy. And so, my recollection of the adoption of the 2018 codes, the process got pretty messy because of the political nature of it. I think that the opportunity to add expertise in terms of the oversight of the adoption and potential amendments of the building code is actually in the best interest of the County because it would reduce the political influence on that process and have it driven more by expertise. I don't think that the Council, although we are the ultimate entity that adopts the building code and any amendments, has the expertise to actually critically review Page 26 Hawaii County Council-33 February 18,2026 the building codes and any amendments. So I, for one, actually support fully the concept of having an entity that can provide that sort of guidance, particularly with respect to amendments that are relevant to the County itself. As mentioned in the Committee discussion, the HRS (Hawai`i Revised Statutes) does afford the counties the opportunity to make amendments that do not change the intent of the code, which is fundamentally public health and safety. I do not think that our body is the appropriate body to determine whether or not something aligns or doesn't align with the intent of the code. Again, I would rely on experts to provide that sort of interpretation. I do think that the State Building Code Council provides a valuable service. However, an example of that intent question had to do with the wind speed calculations and the requirements, which our State Building Code actually reduced the wind speeds where you had the higher requirements in terms of structural needs for development, as compared to the national code. We then here later at the County, with guidance from those who have expertise in this area, actually changed that and went back to what the National Building Code recommended, as opposed to the State Building Code. Without that expertise to actually make the decision that that was not a change in intent, it's not clear that we would have been able to make that amendment. So again, I think the expertise is critical here. And by adding that advisory capacity, we are limiting some of the other aspects that might come into play. I did want to just mention the cost. And I do appreciate that there will be time, money required to support any advisory commission that this Council sets up. And we do need to be cognizant of that fact. In this case, I, for one, am one who is willing to resource that particular committee for the purposes of, you knowI think that it, again, in the long run, saves us time and money by having this expertise in an advisory capacity brought to this particular aspect of the County Council's functions. I can appreciate the potential for delay that you mentioned with regard to review of policies and procedures within the department. And I do think that that's something that could be considered to be revised to clarify, but I don't think it's going to cause delays in the day-to-day functions. Obviously, we're not having each permit reviewed by this advisory commission like we do with the planning commissions for rezoning applications, as an example. This is more SOPS (standard operating procedures) and advisory memos that the Director puts forth, and I just think it's reasonable to have an advisory committee review those. I do specifically want to reach out to the makers on No. 4 with these with respect to the interpretations by the Director. And so, when we had our conversation in Page 27 Hawaii County Council-33 February 18,2026 Committee, I misstated that I thought it was important that there be review of the variances, or an opportunity to contest variances offered by the Director that is afforded through the appellate process, the appeals board. I think there is an area where this advisory commission would be particularly important, which is in disagreements about actual code interpretations. So it's not a variance process, but it is just the interpretation process. And so, before I make any final statements on this, I would ask Mr. Spielman, could you describe to the body the process and the timing that would occur when a design professional disagreed with the department on a particular interpretation of the building code. MR. SPIELMAN: Thank you, Council Member Kimball. Sorry,just to make sure I understand the question right, you'd like me to talk about the process and procedure for when a design professional disagrees with the formal interpretation of the building official? MS. KIMBALL: That's correct. MR. SPIELMAN: Board of Appeals. Sorry, that's as far as I know about it. It would go to the Board of Appeals if the design professional took it to that level. Otherwise, interpretation of the code is the purview of the Director and his deputies, or her deputies. MS. KIMBALL: Am I wrong in understanding that there exists a process by which if there is disagreement, that the national entity that creates the building codes can be appealed to for that interpretation? MR. SPIELMAN: I'm not sure you're wrong, Council Member Kimball. In our research of interpretations of code, we often reach out to other code experts, including the ICC. But I have not heard of a design professional going to the ICC independently and coming back with a different interpretation in argument to the building official. Sorry, I don't have a great answer for you on that. ACTING CHR. ONISHL Yes, can I go MS. KIMBALL: Well, let us—go ahead, Mr. Chairman. ACTING CHR. ONISHL Your time is up so I'm going to go to Mr. Hustace, unless someone else from Hilo wants to make any comments? MR. KANEALI`I-KLEINFELDER: I do, please. ACTING CHR. ONISHL Okay, go ahead. Page 28 Hawaii County Council-33 February 18,2026 MR. KANEALI`I-KLEINFELDER: To the building department, what is your concerns regarding the review for any legislation, for amendments, for rulemaking, for interpretation, by the Director? What is the holdback for you folks on that? MR. SPIELMAN: Thank you, Council Member. This is Aaron Spielman. Our concern with No. 4 is that the Director, by position, comes with the expertise. I think my concern is that a commission would actually become political and push back on the interpretations made by the authority who has the wealth of knowledge and experience to hold that position. I'm concerned of the unintended consequences that we may not be able to see in our crystal ball today. I think that's where the concern comes from, that we have a process to allow for interpretations of the code to the benefit of health, life, and safety of the public. I don't see that the commission would, albeit it's an advisory commission, but I don't see that they would have any risk or, we call it"skin in the game." They can basically say whatever they want without any repercussions. That makes me a little worried. Thank you. MR. KANEALI`I-KLEINFELDER: Okay. Corporation Counsel Ferguson? I'm following the Public Works' statement and looking for your input on the powers and duties section for the possible commission. MR. SALAS-FERGUSON: Okay, I'm here. What's the question? MR. KANEALI`I-KLEINFELDER: Okay. So powers and duties, the construction code commission shall advise, review, evaluate, recommend. But nowhere in there do I see an instance where there is a timeline created where the department cannot do anything until the review is complete. I don't see anywhere in this section or where the possible legislation by Council cannot proceed, whether amending or creating new, until there is a review. Am I missing something within this? MR. SALAS-FERGUSON: No, you're correct. As it's written, it says, yeah, it's fully advisory. There's nothing that says that the commission could overrule the Department of Public Works or amend the code. Just to reiterate, yeah, the Council has the power to amend the code, and then Public Works has the power to render interpretations. And as Mr. Spielman said, if somebody has an issue with an interpretation rendered by Public Works, they can ask for a variance from the Board of Appeals. They could appeal the Director's decision to the Board of Appeals. Those would be the two avenues. MR. KANEALI`I-KLEINFELDER: So, with that in mind, Mr. Spielman and Mr. Segawa, being that this is a purely advisory commission, that no rules or interpretations or legislation can be held up as far as I can tell right now by this Page 29 Hawaii County Council-33 February 18,2026 commission being established, do your concerns still hold valid that you will be unable to proceed with different avenues regarding the codes reviewed by your department? MR. SEGAWA: This is Director Segawa speaking. From my perspective, whether an advisory group or any other kind of group, I would like to see rules in place on their authority, because many times we found that advisory groups kind of go beyond the boundaries of their authority. And if we don't know where those boundaries are, the department will be tested every time someone wants to change the rules according to their perspectives. And that's what I fear, whether it's an advisory group or a commission with authority. I feel we have a commission already in place at the State level that we all can go to to present our case. They will hear it. They are experts. They are familiar with our local conditions on each county, and that's why we have representation there. There's already a forum for everyone to go to. There are mechanisms in place. If someone disagrees, they can ask for variances or they can ask for a hearing. All these protections are in place already, that I feel that we will just be adding another layer, as we've said, that will just slow us down and keep us from focusing on what we need to to deliver our services to the public. MR. KANEALI`I-KLEINFELDER: I understand your perspective. I'm not seeing it the same way. However, I will add, were you present or did you watch any of the meetings that occurred in 2020 regarding the development and implementation of the new building code for Hawaii County? MR. SEGAWA: Sir, I might have; I just can't recall. MR. KANEALI`I-KLEINFELDER: It was probably one of the most major and disturbing events I have been through on this Council, resulting in a complete overhaul of our building code, even down to the number and the section of the code where it was labeled, and relabeled and recreated. The reason I'm saying this is, in hindsight what I've come to realize, and this is part of my concern with the language in this bill that actually was addressed by the amendment today regarding supply houses, the building code was created as the requirements that were stated via HRS and by Mr. Ferguson today, and implemented in the County during COVID (coronavirus disease) when no one could come in and testify. Moreover, the Department of Public Works official that organized that language of the bill that was implemented was an ex-employee of one of the local supply houses. The most major aspect of what I realize now, a few years later, is that the implementation of that bill was problematic given some of the things that were mentioned today: wind code, footing requirements, a number of changes that increased the cost of housing by 20 to 50 percent. The biggest winner in that situation was the supply houses that supplied materials that helped craft the code Page 30 Hawaii County Council-33 February 18,2026 language that was a requirement, at least that was what was promoted at the time, to have the County enact the law within two years of the State enacting the code changes. What I witnessed on this Council was both politics and bureaucracy interplaying with local politics that were driven by economy. And from the moment we passed that code, the construction industry has quietly been working to try and reverse some of the changes that we implemented because it does not actually lend itself to what's best for the people of Hawaii County. So while I recognize what you are asking, that we should relieve the bureaucracy or added layers of politics, whatever it may be with this commission, what does tend to happen sometimes in government is that we believe we're doing the best thing, but the industry itself, the guys building houses and digging footings and framing walls and putting up roofs are not being heard. The engineers are saying this is overkill for our island, given that some of the codes we're enacting are based on snow load that we don't have and wind load that applies to coastal areas only but the wind maps are incorrect. These are the regular salt-of-the-earth guys who get overlooked. We pass codes that become burdensome on the public, increase the cost of housing, and make us look like monkeys. And sometimes driven by people who don't have the public's benefit in mind. So, looking at the full picture of what I've experienced on this Council and seeing that the supply house mentioning was removed from the commission, which makes me feel more comfortable, I would be asking the department to actually look at this in a positive light given that they're advisory, and that sometimes we do need the actual folks in the field building homes, submitting permits to help advise us on how best to provide more and affordable housing to the public, and how not to build an overly complex system regarding permitting and what's required to build a home. And last but not least, we've been through hurricanes, earthquakes, tsunamis, and every other natural disaster you can name. And what's always amazing to me, and being in the construction field before this position, the old stick frame cane houses standing on tofu blocks and four by fours with single-wall construction still stand after everything that we've been through. And if you look at the requirements we have today and the requirements we had then, and I've been in those attics and I've been under those houses, it really is amazing at how complex we've made things, and yet how simple they used to be and how long they've lasted. So with that, I do appreciate your comments. I appreciate the amendment today. It makes me more comfortable with the commission. I really would lean on the department to review the advisory component, and see that there's not a requirement by the commission to approve but merely to recommend or provide their responses to things that we legislatively and you departmentally do. I think Page 31 Hawaii County Council-33 February 18,2026 that'll actually benefit I seriously do believe that will benefit the County and our residents. And if it does not, then that's something that we can review at a later time. I yield, Chair. ACTING CHR. ONISHL Okay, thank you. Mr. Hustace. MR. HUSTACE: Thank you, Chair. I won't say much more. But the statement from my colleagues really speaks a lot already, so I'll just say a little bit more. Director Segawa, you mentioned about the State commission. So I'll just go back to the point I made before about really the goal here is to depoliticize, especially the technical analysis, when it comes to the code. And I'm hearing from my colleagues the experience and the frustration they had in the past; that's something that I don't look forward to. Hoping this Council has to go through in terms of having this sort of body that can provide that guidance and support here at the County level. Because, that State commission is providing that information up, and then it comes down. But it's not happening here that then provides guidance and support to this body. So that's what I'm looking for on this, where it's providing that expertise within community. Whether in that advisory capacity it really is that positive opportunity to engage with partners in community that have the experience, that would work with the Building Chief on these different aspects, and then provide those collective amendments going forward. So it's really helping to depoliticize that process, engage with the partners in community, and then provide guidance to this body when we have to make those decisions going forward. So I'll just leave it there. Thanks, Chair. ACTING CHR. ONISHL Okay, thank you. Okay, anybody else in Hilo? Okay, hearing or seeing none, I just want to say that—you heard the discussion. It's basicallyhopefully, this advisory committee or group will be able to help you guys, DPW (Department of Public Works), in coming up, I guess, faster and with more suggestions to the Council on how we can make it better. And make it where, I guess, keeping the cost down where if,you know, certain things that are required on the Mainland, maybe it's not required here. So, like you mentioned, Mr. Spielman, there's two years on the state side, right? You have two years to do any amendments to the State code when they adopt. Correct? MR. SALAS-FERGUSON: Corporation Counsel Sinclair Salas-Ferguson, but yes, I'm familiar with that statute. ACTING CHR. ONISHL Yeah. And then it takes two years for the Council, or the County, to adopt the State code, right? MR. SALAS-FERGUSON: Yes. Page 32 Hawaii County Council-33 February 18,2026 ACTING CHR. ONISHL I think the process needs to beI guess what I'm hearing from the past, it wasn't like that. But like I did mention, I was on the Council when Mayor Kenoi and his Administration were working on the State Building Code, and we did do some amendments to it. But they were very proactive. And so, what I'm hearing is that, I guess, in the previous administrations they weren't as proactive. And then, it just seems like it got shoved down to the Council: "Okay, this is what we've got to pass." Right? And by doing that, it made the cost of building a home more expensive. So I would suggest that you folks look over this amendment that is amended, and maybe at second and final reading, come out with some advice or suggestions, but also maybe working with the two authors—Ms. Kierkiewicz and Mr. Hustace— and working closely with them to make sure that we can have a win-win situation. Any last comments? MR. SEGAWA: Thank you, Chair Onishi. I appreciate your feedback, and we will take that serious advice. We'll follow up. Thank you. ACTING CHR. ONISHL Okay, thanks. Okay, on approving Bill 127 on first reading, as amended, all those in favor say "aye." Vote on Bill 127: The motion to pass Bill 127, as amended to Draft 2, on first Draft 2 reading and adopt Policy Committee on Public Works and (Approved) Mass Transit Committee Report No. 10 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Page 33 Hawaii County Council-33 February 18,2026 Res. 463-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2026 SUMMER FUN PROGRAM AT THE PAHALA COMMUNITY CENTER Transfers $4,250 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Summer/Intersession Class/Activities account. Reference: Comm. 728 Intr. by: Council Member Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 463-26. Seconded by Mr. Hustace. ACTING CHR. ONISHL Ms. Galimba. MS. GALIMBA: Just asking for my colleagues' support. Thank you. ACTING CHR. ONISHL Any other comments? Hearing or seeing none, all those in favor of approving Resolution 463-26, say "aye." Vote on Res. 463-26: The motion to adopt Res. 463-26 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Res. 464-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE HAWAI`I FIRE DEPARTMENT TO COVER COSTS FOR A NEW AUTOMATIC TRANSFER SWITCH AT THE HAIHAI FIRE STATION Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Hawaii Fire Department, Fire Auxiliary Services Other Current Expenses account. Reference: Comm. 723 Intr. by: Council Member Onishi Motion to Approve: Mr. Hustace moved to adopt Res. 464-26. Seconded by Ms. Galimba. Page 34 Hawaii County Council-33 February 18,2026 ACTING CHR. ONISHL Is anybody here from Fire? MS. KIERKIEWICZ: No, Vice Chair. ACTING CHR. ONISHL No? Okay. Well, I found out that—and, Ms. Kierkiewicz, you might help me with this, too, because when the firefighters go out to calls and they have to fight a fire, their protective gear has to be washed. And at their stations, they don't have the proper, what is that, not equipment but it's like the source of where the waste is going to be going to. And so, they have these washing machines that can be put at the stations. But because of the hookup, that's the problem. So they have some funding. So I'm just giving them some additional funding for them to get this moving forward for our firefighters island wide. So I'm asking for your guys' support. Any comments? Anybody else? Okay, all those in favor of approving Resolution 464-26, say "aye." Vote on Res. 464-26: The motion to adopt Res. 464-26 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Acting Chair Onishi —6. Noes: None. Absent: Council Members Inaba, Kimball, and Villegas —3. Excused: None. Res. 465-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE HAWAI`I FIRE DEPARTMENT TO PURCHASE A TELEVISION MOUNT AND GAS GRILL FOR THE HAIHAI FIRE STATION Transfers $637.37 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Hawaii Fire Department, Fire Auxiliary Services Other Current Expenses account. Reference: Comm. 724 Intr. by: Council Member Onishi Motion to Approve: Mr. Hustace moved to adopt Res. 465-26. Seconded by Ms. Galimba. ACTING CHR. ONISHL Just asking for your support. And I'm just helping out my firefighters in the Haihai Fire Station. Thank you. All those in favor of approving Resolution 465-26, say "aye." Page 35 Hawaii County Council-33 February 18,2026 Vote on Res. 465-26: The motion to adopt Res. 465-26 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Acting Chair Onishi —6. Noes: None. Absent: Council Members Inaba, Kimball, and Villegas —3. Excused: None. Res. 466-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND MEDIATION, INC., DOING BUSINESS AS WEST HAWAI`I MEDIATION CENTER TO ASSIST WITH EXPENSES FOR ITS PEACE CIRCLE TRAINING Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 725 Intr. by: Council Member Inaba Vote on Res. 466-26: Mr. Hustace moved to adopt Res. 466-26. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Res. 467-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2026 SUMMER FUN PROGRAM AT THE NA`ALEHU COMMUNITY CENTER Transfers $4,250 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Summer/Intersession Class/Activities account. Reference: Comm. 729 Intr. by: Council Member Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 467-26. Seconded by Mr. Hustace. Page 36 Hawaii County Council-33 February 18,2026 ACTING CHR. ONISHL Ms. Galimba. MS. GALIMBA: Thank you. Just asking for my colleagues' support for financial support for summer fun out in Ka`u. Thank you. ACTING CHR. ONISHL Great. Any comments? Hearing or seeing none, all those in favor of approving Resolution 467-26, say "aye." Vote on Res. 467-26: The motion to adopt Res. 467-26 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Res. 468-26: 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 EAST HAWAI`I CULTURAL CENTER TO ASSIST WITH EXPENSES RELATING TO ITS SECOND ANNUAL YOUTH ART SERIES FESTIVAL 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. 730 Intr. by: Council Member Kagiwada and Comm. 730.1: From Council Member Jenn Kagiwada, dated February 10, 2026, transmitting proposed amendments to Res. 468-26. Motion to Approve: Ms. Kagiwada moved to adopt Res. 468-26. Seconded by Mr. Hustace. ACTING CHR. ONISHL Ms. Kagiwada. MS. KAGIWADA: Just the amendment. The facility is commonly known as East Hawaii Cultural Center, but their nonprofit is actually called the East Hawaii Cultural Council. So this is just an amendment to make sure we have the name of the nonprofit correct on the amendment. Looking for everybody's support. Thank you. ACTING CHR. ONISHL Okay, I need a motion. Page 37 Hawaii County Council-33 February 18,2026 Vote on Motion to Ms. Kagiwada moved to amend Res. 468-26 with the Amend: contents of Comm. 730.1. Seconded by Mr. Hustace and (Approved) carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Vote on Motion to Ms. Kagiwada moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 468-26. Seconded by Ms. Galimba and carried by the (Approved) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. ACTING CHR. ONISHL Back to the main motion. Ms. Kagiwada. MS. KAGIWADA: Thank you, Chair. Just looking for my colleagues' support for this second annual youth art series festival. ACTING CHR. ONISHL Okay, great. Hearing or seeing none, all those in favor of approving Resolution 468-25 [sic], as amended, please say "aye." Vote on Res. 468-26: The motion to adopt Res. 468-26, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Page 38 Hawaii County Council-33 February 18,2026 ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: Comm. 726: ESTATE OF JAY ALLEN FREEMAN V. DARIS PACHECO; COUNTY OF HAWAI`I, ET. AL. CIVIL NO. 3CCV-22-0000125 From Deputy Corporation Counsel Justin C. Lee dated January 27, 2026, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Motion to Close Ms. Galimba moved to close file on Comm. 726. Seconded File: by Mr. Kaneali`i-Kleinfelder. ACTING CHR. ONISHL Okay. Corporation Counsel? (Note: At this time, Deputy Corporation Counsel Justin Lee came forward to address the members of the Council.) MR. LEE: Hi. Good morning, Vice Chair, members of the Council. Deputy Corporation Counsel Justin Lee. I'm sorry, did I miss—are we supposed to be in closed session or are we in ? MS. GALIMBA: I'll make a request to go into Executive Session. Vote on Motion to Ms. Galimba moved to enter into Executive Session in Enter into order to hold attorney-client privilege discussion regarding Executive Session: Communication 726, as authorized by Section 92-5(a)(4) of (Approved) the Hawaii Revised Statutes. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. ACTING CHR. ONISHL Okay, we're in Executive Session. Recess: At 11:07 a.m., the Acting Chair called for a recess in order to clear the room. Page 39 Hawaii County Council-33 February 18,2026 Reconvene: The meeting reconvened at 12:36 p.m. ACTING CHR. ONISHL Ms. Galimba, can you give us a summary? MS. GALIMBA: Hang on just a second. Okay. The County Council met in Executive Session to discuss the confidential communications received from Deputy Corporation Counsel Justin Lee, and had discussions about the County's liabilities, duties,powers, and privileges in regards to this case. ACTING CHR. ONISHL Okay. So any comments? Go ahead, Mr. Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair Onishi. Mr. Henricks, when is the appropriate time to make the motion that was discussed? MR. HENRICKS: Now. MR. KANEALI`I-KLEINFELDER: Thank you for your succinct answer. Chair, I'd like to make a motion to additionally request and require that the settlement as discussed in Communication 726 and at the request of the Office of the Corporation Counsel that the County Council include the provision that the Hawaii Police Department immediately adopt any and all MR. HENRICKS: Can you please hold on, Mr. Kaneali`i-Kleinfelder? Corporation Counsel is approaching the table. Oh, she said let you finish. My bad. Could you finish? MR. KANEALI`I-KLEINFELDER: Do you want me to start from the beginning, Mr. Clerk? ACTING CHR. ONISHL No, you can continue. MR. KANEALI`I-KLEINFELDER: I'll start from the beginning so it's clear. I was interrupted between the middle of my sentence and the end. I'd like to make a motion to additionally require that the settlement discussed in Communication 726 include that the Hawaii Police Department immediately adopt any and all procedures necessary to comply with HRS 134-7.3. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend the recommendation of Corporation Counsel regarding Comm. 726 to include that the Hawaii Police Department immediately adopt any and all procedures necessary to comply with HRS 134-7.3. Seconded by Ms. Kimball. ACTING CHR. ONISHL Discussion? Page 40 Hawaii County Council-33 February 18,2026 MR. KANEALI`I-KLEINFELDER: Mr. Chair, if I could just briefly. ACTING CHR. ONISHL Yup. MR. KANEALI`I-KLEINFELDER: Thank you for the latitude. To the Council, given the discussion that we had revolving around Communication 726, for the safety of the public and for the safety of our officers in the future, I think this is absolutely necessary. Despite being prescribed by State law, it seems that we have some work to do in regards to the specifics of Hawaii Revised Statutes 134-7.3. I look for your support on this, as well as any further legislation that may stem from this discussion. Thank you. ACTING CHR. ONISHL Okay. Ms. Galimba. MS. GALIMBA: Thank you. While I understand the feelings and the desire to use this opportunity to make necessary changesI can see that there aren't changes at the department I don't think this is the venue for that. And, one, because it's a settlement in court and not having anything directly to do with department and budget, their budget and their personnel, that would be required to actually affect this change, I don't think this is the venue for that. And to put it on DCC (Deputy Corporation Counsel) Lee to make that change is I don't think the right person to be asking for it. I think it will also muddy the waters on this particular case. So I wouldI'm not in support of this amendment to the recommendation. And I think our body is actually the more effective way to make this change. So we have departmental discussions and budget coming up imminently, and I think we've allI think we probably all agree on the subject and the desire. So I think this would be a very good thing to take up in that venue. Thank you, though. ACTING CHR. ONISHL Okay, anyone in Hilo? MS. KAGIWADA: Yes, Chair,please. ACTING CHR. ONISHL Go ahead. MS. KAGIWADA: Thank you. Just going to agree with my colleague Council Member Galimba on this. I absolutely agree with the intent and would be happy to support legislation through our body to try to address the situation. But I worry that we have very little control about how this actually plays out. As Council Member Galimba pointed out, there may be budgetary issues here, and we should be, I think, thoughtful about how we fully support what we want to see happen in the County. So thank you for bringing this forward, but I will not be voting for this amendment. I yield. ACTING CHR. ONISHL Okay, anyone else in Hilo? Page 41 Hawaii County Council-33 February 18,2026 MS. KIMBALL: Yes, if I may. ACTING CHR. ONISHL Okay, go ahead. MS. KIMBALL: Yeah, I think I'm kind of of the same sentiment. And I would add, additionally, that there is an HSAC (Hawai`i State Association of Counties) bill that has to do with this at the State Leg (Legislature) that is actually proceeding right now that may have some influence on what happens in terms of resources for the County and support. So, while I agree a hundred percent with your intention and the need, I think I would be inclined to say that I would prefer to do it in a different venue as opposed to as part of the settlement. ACTING CHR. ONISHL Okay. Mr. Hustace. No? Okay, is that it? Hilo, do you ? MR. KANEALI`I-KLEINFELDER: Chair? ACTING CHR. ONISHL Okay, go ahead. MR. KANEALI`I-KLEINFELDER: Just one more comment. Appreciate my Council Members taking a moment to listen. I do believe there is some confusion here, because this is already considered law by the State. And we are not adhering to it as a county, as well as every other county. Not wanting to belabor the point, but when we do not adhere to State law, then there's a problem. And if we're not willing to address it here, then I hope it is addressed elsewhere. So thank you for your time for listening, and for stepping outside of the bounds of what we normally do in our Executive Session hearings. I learned something today and was hoping to see this move forward as part of Mr. Lee's proposal. If it does not, it does not. Thank you. ACTING CHR. ONISHL Okay, thank you. Mr. Clerk, a roll call. Vote on Motion to The motion to amend the recommendation of Corporation Amend: Counsel regarding Comm. 726 to include that the Hawaii Failed Police Department immediately adopt any and all procedures necessary to comply with HRS 134-7.3 failed by the following roll call vote: Ayes: Council Members Kaneali`i-Kleinfelder and Kierkiewicz—2. Noes: Council Members Galimba, Hustace, Kagiwada, Kimball, and Acting Chair Onishi—5. Absent: Council Members Inaba and Villegas —2. Excused: None. Page 42 Hawaii County Council-33 February 18,2026 Vote on Motion to Ms. Kimball moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 726. Seconded by (Approved) Ms. Galimba and carried by the following roll call vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, and Acting Chair Onishi —6. Noes: Council Member Kaneali`i-Kleinfelder— 1. Absent: Council Members Inaba and Villegas —2. Excused: None. Vote on Comm. 726: The motion to close file on Comm. 726 was carried by the Filed following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Comm. 727: LAWRENCE AND GENEVIEVE MOIHA V. BACKYARD MONKEY, LLC; COUNTY OF HAWAI`I CIVIL NO. 3CCV-25-0000343 From Deputy Corporation Counsel Justin C. Lee dated January 27, 2026, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Motion to Close Ms. Galimba moved to close file on Comm. 727. Seconded File: by Mr. Hustace. Vote on Motion to Ms. Kimball moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 727. Seconded by (Approved) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Page 43 Hawaii County Council-33 February 18,2026 Vote on Comm. 727: The motion to close file on Comm. 727 was carried by the (Filed) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kdneali'i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Villegas—2. Excused: None. OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) ANNOUNCE- The Acting 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, Acting Chair Onishi adjourned the meeting at MENT: 12:50 p.m. Council Approval: MAY 0 5 2026 C OtN4*-G� JH/dg Page 44