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HomeMy WebLinkAboutMIN COUNCIL 2026-07-08 2024-2026 Hawaii County Council 441b Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii July 8, 2026 INVOCATION: Pastor Eric Anderson of Church of the Holy Cross gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:01 a.m., in the Council Chambers, Hilo, by Mr. Holeka Goro Inaba, Chair. ROLL CALL: Present: Mr. Holeka Goro Inaba, Chair Mr. Dennis "Fresh" Onishi, Vice Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Deputy County Clerk Aaron Brown led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Ms. Kierkiewicz presented a Certificate of Merit to Mina EXPRESSIONS OF Viritua Jr. for his service as the Economic Recovery Corps Fellow for Lower CONDOLENCE: Puna. Also, Mr. Inaba presented the July 2026 Haweo Award to Firefighter Lahaina Olsen-Kuroda of the Hawaii Fire Department.) Recess: At 9:29 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:36 a.m. Hawaii County Council-44 July 8,2026 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: Cherie Griffore: Res. 592-26 (Comm. 935), comment; Res. 593-26 (Comm. 936), comment; and Bill 163, Draft 2 (Comm. 909.6), in support. Eileen O'Hara: Bill 125 (Comm. 709); (representing Malama O Puna) Bill 126, Draft 2 (Comm. 710.4); Bill 157, Draft 3 (Comm. 888.7); and Bill 165 (Comm. 915), in support. Kamaile Puluole-Mitchell: Res. 577-26, Draft 2 (Comm. 913.4), in support. (representing Office of Hawaiian Affairs) Renee Godoy: Res. 598-26 (Comm. 950), in support. (representing Friends of First Responders) Amedeo Markoff: Bill 125 (Comm. 709); Bill 126, Draft 2 (Comm. 710.4); Bill 157, Draft 3 (Comm. 888.7); and Bill 165 (Comm. 915), in support. Wayne Braden: Res. 598-26 (Comm. 950), in support. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Chair Inaba announced that the Minutes of April 22, 2026, were approved. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. GOEAC-140 NOMINATION OF ERIC INOUYE TO THE FIRE COMMISSION (Comm. 932): Requires Council Confirmation by: July 11, 2026 (Section 13-4(k), Hawai`i County Charter) Page 2 Hawaii County Council-44 July 8,2026 Vote on Ms. Kierkiewicz moved to adopt Governmental Operations GOEAC-140: and External Affairs Committee Report No. 140. Seconded (Adopted) by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba— 8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 577-26: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE (Draft 2) COUNCIL OF THE COUNTY OF HAWAI`I BY ADDING A RULE RELATING TO NATIVE HAWAIIAN LAW TRAINING Requires Council Members to complete the Office of Hawaiian Affair's Native Hawaiian Law legal training. Reference: Comm. 913.4 Intr. by: Council Member Kagiwada Approve: GOEAC-138 Held Over Pursuant to Council Rule 23(1)(d): June 17, 2026 (Note: There is a motion by Council Member Kagiwada, seconded by Council Member Hustace, to adopt Res. 577-26, as amended.) ; and Comm. 913.5: From Council Member Jenn Kagiwada, dated June 24, 2026, transmitting proposed amendments to Res. 577-26, Draft 2. Motion to Amend: Ms. Kagiwada moved to amend Res. 577-26, Draft 2, with the contents of Comm. 913.5. Seconded by Ms. Galimba. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. This amendment simply changes the time period that a Council Member should enroll in and complete the training course from 24 months to the first 12 months. In working with OHA (Office of Hawaiian Affairs) and their staff, I originally thought that there might be a concern with just the number of trainings offered being limited, but they are working on expanding the number of trainings offered. And they assured me that they thought this was the better way to go and that they will have room for us. So Page 3 Hawaii County Council-44 July 8,2026 I'm asking to amend this to the first year of office so that everybody gets the benefit of the course early on in their term. Thank you. I'd love to hear from everybody else. CHR. INABA: Vice Chair Onishi. MR. ONISHI: Thank you, Chair. Is that person from OHA still online? Ms. Mitchell? (Note: At this time, Kamaile Puluole-Mitchell of the Office of Hawaiian Affairs came forward to address the members of the Council.) MS. PULUOLE-MITCHELL: Aloha. I'm still here. MR. ONISHI: Okay. As Ms. Kagiwada had mentioned about the training classes, how often will you folks be holding these classes? MS. PULUOLE-MITCHELL: Regularly, they do host it—Ka Huli Ao hosts it two to three times a year. So, with our current influx of funding this year at the Leg. (Legislature), we hope to have more opportunities to offer at least four times a year. MR. ONISHI: Okay, but right now, it's going to be three times a year. Do you know more or less when? MS. PULUOLE-MITCHELL: They try to do it quarterly, but I don't know exactly the dates. MR. ONISHI: Okay. And then do you folks kind of group everybody, as much people as possible, to get to do the training? MS. PULUOLE-MITCHELL: Yeah, so they do offer in-person and online as well. MR. ONISHI: Okay. And then, is there a cost? MS. PULUOLE-MITCHELL: There is no cost to attend these. It is sponsored by OHA. MR. ONISHI: Okay, thank you. MS. PULUOLE-MITCHELL: Mahalo. MR. ONISHI: Do you think in the future they will be charging, or is this going to be something where it will always be free to the public or private? Page 4 Hawaii County Council-44 July 8,2026 MS. PULUOLE-MITCHELL: It will alwaysI can't say for sure, but it has always been free in the past. MR. ONISHI: Okay, thank you. I yield. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I'm in support of this amendment. I think it's very possible to complete the training within actually the first few months of being in office. That was actually my experience. Emails do come through about this training opportunity. I think, Council Member Villegas, you were there at that training at UH Hilo (University of Hawaii at Hilo). It was actually wonderful to be in-person, and I'm grateful that they do have an online option. But it's great to get it done early in your tenure so that you can always keep that information in mind as you legislate and work on behalf of community. So, in full support of the amendment. Thank you. CHR. INABA: Anyone else on the amendment? Seeing none, all those in favor of amending Resolution 577 with the contents of Communication 913.5, please say "aye." Vote on Motion to The motion to amend Res. 577-26, Draft 2, with the Amend: contents of Comm. 913.5 was carried by the following (Approved) voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Vote on Motion to Ms. Kagiwada moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 577-26, Draft 2. Seconded by Ms. Galimba and (Approved) carried by the following roll call vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: Council Members Hustace and Kimball—2. Absent: None. Excused: None. (Note: Ms. Villegas voted"kanalua"then "aye.") Page 5 Hawaii County Council-44 July 8,2026 CHR. INABA: So we are still on Resolution 577-26, Draft 2, as amended. Council Member Kagiwada. MS. KAGIWADA: Thank you. I think our testifier Ms. Puluole-Mitchell said things very well of why this is important, and I'll just, yeah, stand on her testimony. Thank you. CHR. INABA: Any other discussion? Council Member Villegas. MS. VILLEGAS: I just want to thank Council Member Kagiwada for seeing this opportunity and moving on it. I think this is going to have long-lasting benefits to not only those who end up sitting in these seats in the future, but also to the community at large. And can't make good decisions about the future if you don't understand accurately the history of this place and the people and how we got here. So thank you. I yield. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. In support. I've taken this law training four times? Three times? And every time I take it, I learn something new. And to Ms. Villegas's point, the history of Hawaii lends itself to one of the most unique law stances, especially when it comes to water use, land use. And if you don't understand those issues, you don't understand the history and you're a decision-maker, it can lend itself to problematic decision-making. It sounds straightforward, but I mean, if you don't understand why the laws are the way they are and how water specifically is protected under law and under public doctrine and you're decision-making on this dais, then there is a potential for an issue. So this training, I like that the Council's being required of it. I would love to see every department head/administrator having to take this training as well. And it's something I've brought up in the past. It seems like the previous Administration was open to the idea but—in support. I think it should go further. Thank you. CHR. INABA: Thank you. And yes, mahalo, Council Member Kagiwada, for bringing this forward. All those in favor of approving Resolution 577-26, Draft 2, as amended, please say "aye." Page 6 Hawaii County Council-44 July 8,2026 Vote on Res. 577-26: The motion to adopt Res. 577-26, Draft 2, as amended to (Draft 3) Draft 3, and Governmental Operations and External Affairs (Adopted) Committee Report No. 138 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 586-26: AUTHORIZES THE PLANNING DEPARTMENT TO AWARD FUNDS TO POHAKU PELEMAKA THROUGH THE KILAUEA RECOVERY GRANT PROGRAM Provides $142,000 in grant funds to Pohaku Pelemaka to provide relief, recovery, mitigation, and long-term resilience for disaster damages, losses, and suffering caused by the 2018 Kilauea eruption. Reference: Comm. 928 Intr. by: Council Member Kierkiewicz (B/R) Approve: FC-157 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 586-26 and Finance Committee Report No. 157. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Just some additional grant dollars to support community-driven resilience projects in the Lower Puna area. A big mahalo to Pohaku Pelemaka, Leila Kealoha for being a fiscal sponsor of this project. If folks have any technical questions, Patti Pinto, who is overseeing this grant program, is in chambers. Thank you, Chair. CHR. INABA: Thank you. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I do. Ms. Pinto, could you come up? (Note: At this time, Patti Pinto of the Planning Department came forward to address the members of the Council.) MR. KANEALI`I-KLEINFELDER: Hello. MS. PINTO: Hi. Page 7 Hawaii County Council-44 July 8,2026 MR. KANEALI`I-KLEINFELDER: So what I'm reading in this resolution and the attachment Exhibit A was that the previous fiscal sponsor pulled out. What happened? MS. PINTO: They were previously sponsored by Hawai`i's Volcano Circus. They lost their staffing and decided that they were not capable of managing these additional grant programs. So they stepped out and the two projects sought another compatible fiscal sponsor and it is P6haku Pelemaka. These projects have already been approved by Council. It's just coming back to you because it's a new fiscal sponsor. MR. KANEALI`I-KLEINFELDER: Okay. What was the original timeline for the project, for the deliverables? MS. PINTO: Eighteen months. It will continue to be 18 months from contract date. MR. KANEALI`I-KLEINFELDER: Okay. So they're going to restart the 18 months' time period? MS. PINTO: That's correct. MR. KANEALI`I-KLEINFELDER: And then, there's the ability to take 10 percent administratively for the MS. PINTO: For the nonprofit organization, yes. MR. KANEALI`I-KLEINFELDER: Okay. Who was the decision-maker who finalized this? MS. PINTO: They brought it back to our panel, which was Misty Carter, Douglas Le, and myself. MR. KANEALI`I-KLEINFELDER: This is when Douglas Le was still here? MS. PINTO: Yes. This takes a while. MR. KANEALI`I-KLEINFELDER: I'll say. This was a little bit dated, then. Okay, thank you. MS. PINTO: Thank you. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Just for the record, these were projects that were part of the initial recovery grants resolution that came before Council. But Page 8 Hawaii County Council-44 July 8,2026 because there is so much due diligence that the recovery team does, circling back with organizations and fiscal sponsors to affirm their commitment to the program and seeing these projects through, they ascertained that a number of nonprofits were not able to move forward with their project. And so, they worked really hard to essentially rehome these projects with fiscal sponsors. So I just thank you, Patti and Misty, for all of your hard work to make sure that these projects could get funded. Appreciate it. I yield. CHR. INABA: Thank you. All those in favor of approving Resolution 586-26, please say "aye." Vote on Res. 586-26: The motion to adopt Res. 586-26 and Finance Committee (Adopted) Report No. 157 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 592-26: AUTHORIZES THE MAYOR TO ENTER INTO AN AMENDED ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) UNDER SECTION 309 OF THE CLEAN WATER ACT Authorizes the Mayor to enter into an agreement with the EPA for a five-year extension for the Kula`imano Waste Water Treatment Plan Rehabilitation and Replacement Project and a three-year extension for the Papa`ikou Waste Water Treatment Plan Rehabilitation and Replacement Project. Reference: Comm. 935 Intr. by: Council Member Kagiwada(B/R) Approve: GOEAC-141 (Note: Comm. 935.2, from Deputy Corporation Counsel Diana Mellon-Lacey dated July 7, 2026, transmitting a corrected PowerPoint presentation relating to Res. 592-26, was circulated.) Motion to Approve: Ms. Kagiwada moved to adopt Res. 592-26 and Governmental Operations and External Affairs Committee Report No. 141. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I just wanted to note that we received Communication 935.2, which was updated with the correct information from the Page 9 Hawaii County Council-44 July 8,2026 presentation by Corporation Counsel, as requested. And yeah, I know we have Corporation Counsel Mellon-Lacey here as well as Finance if we want to ask any more questions and debate any longer. Thank you. CHR. INABA: Thank you. Director, if you could come up. A testifier this morning shared about forever chemicals. I just wanted to see if you had an answer to that question, and whether our wastewater treatment plants and the technology that we're using tries to address any of that in the treatment of the wastewater. (Note: At this time, Environmental Management Director Daniel Girvan came forward to address the members of the Council.) MR. GIRVAN: Good morning. Dan Girvan, Director of DEM (Department of Environmental Management). On the question of these forever chemicals, or actually my knowledge of them or what limited knowledge I have, is more they were called"persistent chemicals." I just returned from being off-island for a few weeks. And I have a letter from this lady on my desk, which I was preparing a response to yesterday afternoon and this morning. My letter essentially says that I personally do not have the broad experience and the capability to really address these persistent chemicals. They are a problem. Right now, the department is really focused on getting the plants to run up correctly and process the health threats that we've known of for a hundred years. And wastewater plants have been very successful with that, and we are working to get our plants up to state of the art with that technology. The technology that is going to be needed to address persistent chemicals in our wastewater is the future. It is not in the current plan that we have for our plants. But as we operate the plants and go into the future and need to go through the periodic re-permitting of these plants, I am sure that the requirements to address some of those issues will become part of that permitting process. CHR. INABA: Thank you for that comprehensive yet concise answer. With that, are there—Council Member Hustace. MR. HUSTACE: Thanks, Chair. Appreciate the time. Thank you, Director. Appreciate that response. In regards to the resolutions in front of us today, these really speak specifically to future work done at those particular sites. So it's really extending that deadline and the time to buildout and repair those facilities. Do you think within the time towards the end of these schedules here with the AOC (Administrative Order on Consent) and EPA(Environmental Protection Agency) AOC that those permitting requirements will be in place for the four particular facilities that are laid out in these resolutions? Page 10 Hawaii County Council-44 July 8,2026 MR. GIRVAN: While I can't speak to what the regulatory agencies may or may not do and what their timetables might be, I am convinced that those conditions are coming. I just don't know the timetable. That said, although we are extending out the required dates for the capital projects at these sites, we have good repair money in our budgets. And we definitely intend to proceed with what repairs we can handle in-house. We are not going to wait three years, six years, eight years; whatever the site-specific schedule is, we are not going to wait that long to address some of the issues at these plants. And we are already moving to address some of them and cover that out of our repair budgets. Will the permitting requirements change in the next, let's say, decade? My guess would be for some of our plants, the permitting requirements will definitely change in the next decade. But I can't predict when or how or what parameters might be regulated. MR. HUSTACE: And then from a fiscal standpoint, kind of with the extension of these projects and the capital investment going forward in them in the future, is that initiative that we should be taking ourselves, though? And do we have that financial capacity to take on additional requirements at these other four sites? I mean, it may not be a question we have an answer for right now, looking at our finances and the investment we're making substantially over the next ten-plus years. MR. GIRVAN: Well, I can give you a personal answer to your question. Should we be concerned about these parameters and be looking forward and trying to understand what we can do about them? Absolutely. Is the funding in place to actually take action to do something about some of these more persistent chemicals? Not currently. MR. HUSTACE: Thank you, Director. Thank you, Chair. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Director, is the design for these facilities set and done? And the extension for the deadline is merely just extending the project five years out? MR. GIRVAN: The design for the facilities in all four cases that are currently in these two resolutions is set, yes. MR. KANEALI`I-KLEINFELDER: Could modifications be made to the designs? MR. GIRVAN: The changes that will need to be made in our treatment plants to meet future regulatory requirements probably will be more focused on additional Page I I Hawaii County Council-44 July 8,2026 processes at the back end of the current plant. Not significant changes within the current design but some additional design or step or process at the end of what is our current facility. MR. KANEALI`I-KLEINFELDER: Okay. The reason I am asking, I was reading through the Hawaii County Water Use Development Plan. And if you read through that document, it's outdated. It was done in 2010. So that is 16 years behind. There's no requirement by the State that requires a set time that it's given to the County. But as we develop and as we grow and as we build out density, as we discuss General Plan, the parts that caught me in their Water Use Development Plan were discussion points around sustainable yield of our aquafers. But the interesting part was in some cases they had to exclude agricultural use and exclude different uses that we're actually fighting for at the same time currently. I view R-1 and R-2 water as a resource. And if possible wherever we can, we should be looking at how to develop R-1, R-2 on the back end of these facilities so that you have a water resource. And I know we've talked about it, but I'm not sure if it's being built into the request now. Given a five-year extension on the deadlines, this may be a good time to align yourself with the Water Use Development Plan, align the funding that's available and the overall idea of how we bring water as a resource into different communities, especially Pahala and Na`alehu, that have not the most accessible water that we have on-island and even areas like Kealakehe. So, if you could, lean in on that a little bit as you look at these deadlines being pushed back five years. I would appreciate it. MR. GIRVAN: I agree with you completely. I think long-term somewhere out there in the future, virtually all of our wastewater should be at least R-1. But how far out in the future and how we're going to get there, I don't have those answers. MR. KANEALI`I-KLEINFELDER: Okay, I think right now is a good time to think about it. Might be a little bit lateI hate to say that—but facilities haven't been built. And when we're looking at developing a billion dollars' worth of wastewater infrastructure projects and we're looking at an outdated Water Use Development Plan, an increasing concern about agricultural needs in our community and how to better serve community through agriculture, water becomes that issue. And if you can build that in now and you can work with Diane Nakagawa to make sure that we can have available funding and work through design issues, I think you have almost the perfect picture coming together to effect the changes that we need to see. MR. GIRVAN: Okay, yes, I agree. MR. KANEALI`I-KLEINFELDER: Thank you. And then, Ms. Nakagawa, I don't need you to come up, but I just wanted to mahalo you for working with DEM to better break down this timeline. It's not a happy curve of debt servicing. Page 12 Hawaii County Council-44 July 8,2026 It peaks in 2030, 2035 and then begins to slowly come down. But the five-year extensions help us create a nice, slow parabolic curve, versus a Double X Diamond curve and a drop-off on the back side. And I do wish the Council and the Administration luck in meeting those demands in the future. Thank you. Thank you for(inaudible) Department of Finance. Thank you, Director Girvan. CHR. INABA: Thank you, Council Member Kaneali`i-Kleinfelder. All those in favor of approving Resolution 592-26, please say "aye." Vote on Res. 592-26: The motion to adopt Res. 592-26 and Governmental (Adopted) Operations and External Affairs Committee Report No. 141 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 593-26: AUTHORIZES THE MAYOR TO ENTER INTO AN AMENDED ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) UNDER SECTION 1423 OF THE SAFE DRINKING WATER ACT Authorizes the Mayor to enter into an agreement with the EPA for a two-year extension for the Pahala Large-Capacity Cesspools Closure Project and a five-year extension for the N5'51ehu Large-Capacity Cesspools Closure Project. Reference: Comm. 936 Intr. by: Council Member Kagiwada(B/R) Approve: GOEAC-142 Vote on Res. 593-26: Ms. Galimba moved to adopt Res. 593-26 and (Adopted) Governmental Operations and External Affairs Committee Report No. 142. 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. Page 13 Hawaii County Council-44 July 8,2026 Res. 596-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FULL LIFE FOR THE ABLED HAWAI`I ARTISTS ART IMMERSION EXHIBIT Transfers $5,500 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Big Island Film Office account. Reference: Comm. 948 Intr. by: Council Member Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 596-26. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Kimball. MS. KIMBALL: I just want to share that the event is occurring now at the Wailoa Center just down here. There's some wonderful pieces and interactive exhibits open until August 6t'. So I encourage people to visit and have the experience of the show. Thank you. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. Supportive of this resolution. Also supporting with my office CRF (Contingency Relief Fund) funds. I was at the opening event. This is really a joyous, unique, wonderful show. As Council Member Kimball just mentioned, it's also educational. Like there's a cool exhibit about what not to do when you're interacting with deaf or hard-of-hearing people. There was just a lot of really thoughtful and beautiful art that was very unique, and I hope people get a chance to stop by and check it out. Thank you. CHR. INABA: Thank you. All those in favor of approving Resolution 596-26, please say "aye." Vote on Res. 596-26: The motion to adopt Res. 596-26 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 14 Hawaii County Council-44 July 8,2026 Res. 597-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI`I INTERNATIONAL SCIENCE EXPERIENCE TO ASSIST WITH EXPENSES FOR ITS 2026 HISE PROGRAM Transfers $6,500 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 949 Intr. by: Council Member Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 597-26. Seconded by Mr. Hustace. CHR. INABA: Council Member Kimball. MS. KIMBALL: Just ask for my colleagues' support. Mahalo. CHR. INABA: Thank you. All those in favor of approving Resolution 597-26, please say "aye." Vote on Res. 597-26: The motion to adopt Res. 597-26 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. 598-26: 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 FRIENDS OF FIRST RESPONDERS FOR THE 2026 ROBUST CONFERENCE Transfers $5,000 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 950 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 598-26. Seconded by Mr. Hustace. Page 15 Hawaii County Council-44 July 8,2026 CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I really appreciate Pastor Renee Godoy approaching my office to once again sponsor this really special and unique opportunity to support the men and women in our Fire and Police Departments and their spouses to have time to reconnect with one another. There's so much foundational support that spouses provide. And so, this is one way to just mahalo them for all of the love that they provide to those that keep our communities safe. Looking for everyone's support. Thank you. CHR. INABA: Thank you. All those in favor of approving Resolution 598-26, please say "aye." Vote on Res. 598-26: The motion to adopt Res. 598-26 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. 599-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE DEPARTMENT OF PARKS AND RECREATION WITH EXPENSES RELATING TO THE HILO BAY BLAST FIREWORKS DISPLAY CELEBRATING INDEPENDENCE DAY Transfers $1,500 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Culture and Education Other Current Expenses account. Reference: Comm. 951 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 599-26. Seconded by Mr. Hustace. MS. KIERKIEWICZ: I hope everyone enjoyed the fireworks display this past weekend. Thank you to Parks and Recreation for making that happen for our community. Thank you. CHR. INABA: All those in favor of approving Resolution 599-26, please say cc n aye. Page 16 Hawaii County Council-44 July 8,2026 Vote on Res. 599-26: The motion to adopt Res. 599-26 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. 600-26: 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 SUBSTANCE ABUSE COUNCIL FOR ITS 12TH ANNUAL SUMMER JAM 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. 952 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 600-26. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. Looking for my colleagues' support on this wonderful event that's going to happen on Saturday, July 25a', at Wong Stadium. Full-day, free event for keiki and families; really combining education, community resources, and a lot of fun. And it's a very special event. So hopefully people can attend, and hopefully people can support. Thank you, I yield. CHR. INABA: All those in favor of approving Resolution 600-26, please say cc n aye. Vote on Res. 600-26: The motion to adopt Res. 600-26 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-44 July 8,2026 Res. 601-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI`I INTERNATIONAL SCIENCE EXPERIENCE FOR ITS 2026 HAWAI`I INTERNATIONAL SCIENCE EXPERIENCE PROGRAM Transfers $7,000 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 953 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 601-26. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Just looking for people's support. Thank you. CHR. INABA: Thank you. All those in favor of approving Resolution 601-26, please say "aye." Vote on Res. 601-26: The motion to adopt Res. 601-26 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. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 125 Susie Osborne, representing Ho`oulu Lahui, registered to speak in support of (COMM. 709): Bill 125 and came forward when called by the Chair. Ms. Osborne also spoke in support of Res. 577-26, Draft 2 (Comm. 913.4), and Res. 599-26 (Comm. 951). Page 18 Hawaii County Council-44 July 8,2026 Bill 125: AMENDS CHAPTER 25, ARTICLE 7, DIVISION 4, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PAHOA VILLAGE DESIGN DISTRICT Clarifies duties, procedures, and other regulations regarding the Pahoa Village Design Guidelines and the Pahoa Design Review Committee; makes other technical and non-substantive amendments. Reference: Comm. 709 Intr. by: Council Member Kierkiewicz Approve: PCPLUED-11 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 125 on first reading and adopt Policy Committee on Planning, Land Use, and Economic Development Report No. 11. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: So my interest in this particular section of our code, the Pahoa Village Design District, was prompted by questions I asked all planning directors: Who sits on the design review committee? And not one of them could tell me the individual or organization that was in charge of reviewing any sort of renovation requests, construction projects in the Puna community. And so that's a problem. Being able to enforce and implement what we have in our code is critical. And so this particular bill provides some clarity for how community members are elevated to serve on the design review commission for Pahoa, and ensures that their kuleana is explicitly stated so that if folks have a project within the boundaries of the design district, they know who to consult with and can get all the advice that they need to ensure that the renovation and the buildout matches the character that we have in mind for our County. Looking for everyone's support, Chair. Thank you. CHR. INABA: Thank you, Council Member Kierkiewicz. All those in favor of approving Bill 125 at first reading, please say "aye." Page 19 Hawaii County Council-44 July 8,2026 Vote on Bill 125: The motion to pass Bill 125 on first reading and adopt (Approved) Policy Committee on Planning, Land Use, and Economic Development Report No. 11 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Bill 126: AMENDS CHAPTER 25, ARTICLES 1, 3, 5, AND 7, OF THE HAWAI`I (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPECIAL DISTRICTS Creates the Downtown Pahoa commercial district as a new special zoning district; establishes new permitted uses. Reference: Comm. 710.4 Intr. by: Council Member Kierkiewicz Approve: PCPLUED-12 and Comm. 710.5: From Council Member Ashley L. Kierkiewicz, dated June 29, 2026, transmitting proposed amendments to Bill 126, Draft 2. Motion to Approve: Ms. Kierkiewicz moved to pass Bill 126, Draft 2, on first reading and adopt Policy Committee on Planning, Land Use, and Economic Development Committee Report No. 12. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. As Susie mentioned, this bill has been many years in the making. Patti Pinto's also been involved, and we're trying to do a master plan for Pahoa, which probably wasn't the right strategy. So, looking to leverage the tools that we have through code and provide more opportunities for property owners to do things on their property if they want. All of this is triggered by a property owner approaching the Planning Director to opt in to a suite of different options for them to do on their particular properties. I do have one housekeeping measure that I need to introduce with the bill, Chair. So I'll do that at this time. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 126, Draft 2, with the contents of Comm. 710.5. Seconded by Mr. Onishi. Page 20 Hawaii County Council-44 July 8,2026 MS. KIERKIEWICZ: Thank you. I apologize. There was an oversight on my part in Committee when we were going through some of the amendments based on commission and director recommendations. We forgot the very integral need for plan approval for projects. So, making sure that that language is in this section of code. We definitely need plan approval for projects. Thank you, Chair. CHR. INABA: Thank you. All those in favor of amending Bill 125 [sic], Draft 2, with the contents of Communication 710.5,please say "aye." Vote on Motion to The motion to amend Bill 126, Draft 2, with the contents of Amend: Comm. 710.5 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Vote on Bill 126: The motion to pass Bill 126, Draft 2, as amended to (Draft 3) Draft 3, on first reading and adopt Policy Committee on (Approved) Planning, Land Use, and Economic Development Committee Report No. 12 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Bill 163: AMENDS CHAPTER 19, ARTICLE 8, OF THE HAWAI`I COUNTY (Draft 2) CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES Establishes a new real property tax dedication for certain properties that are owned by a descendant of a person who owned the property at least one hundred years ago to be subject to the minimum tax. Reference: Comm. 909.6 Intr. by: Council Member Hustace Approve: FC-158 Motion to Approve: Mr. Hustace moved to pass Bill 163, Draft 2, on first reading and adopt Finance Committee Report No. 158. Seconded by Mr. Onishi. Page 21 Hawaii County Council-44 July 8,2026 CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. I'll keep my remarks brief this time, but I just want to first thank all of you, the Real Property Tax Division who's here in the chambers today, and everyone who submitted testimony throughout the process. Grateful for all the input. It's really helped strengthen the proposal that you have in front of you here. Once again, Bill 163 is intended to support very targeted property tax relief to help qualifying families preserve generational lands, while ensuring that the program includes appropriate safeguards, accountability, and administrative oversight. So I look for your support, and I appreciate the opportunity. Mahalo. CHR. INABA: Thank you. All those in favor of approvingoh, Council Member Kimball. MS. KIMBALL: I just wanted to provide a thought, and I apologize I didn't think about this earlier. So I don't have any sort of amendment to put forward. One of the concerns that you and I, Mr. Hustace, have talked about is unmanaged lands with respect to wildfire risk. With the agricultural dedications in particular, the usage of the property as agricultural lands does provide some of that mitigation. And so I wonder, to the extent that this is provided on vacant properties, that perhaps some sort of inclusion about fire mitigation as one of the eligible components of the dedication might be useful. I just want to throw that out for potential discussion. Again, I have concerns that we have no idea how many properties these are right now and where they are and what they are. And so it may not at all be appropriate. I understand that this would apply to both vacant properties and properties with a dwelling on it, in which case that wouldn't be necessary. One would presume that there would be some sort of maintenance. But my only thought about this is depending on where these end up, if these are completely unmaintained and cared for properties, that maybe that's a component of what we need to look at with this. Just throwing it out for conversation. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Thank you, Council Member Kimball. I appreciate those thoughts, and I don't have a succinct answer for that side of it. But I do appreciate where your mind is and that kind of a challenge we have with our vacant lands for sure. So thank you on that. The question—and I've heard it before in Committee as well and some of the testimonies even asked about lessening that restriction of the hundred years. And that's that question that kind of you dance around a little bit in terms of the unknown about properties for certain. And it's a question that we'll see in terms Page 22 Hawaii County Council-44 July 8,2026 of reporting and working with Real Property Tax to see if this does go forward as implemented. Then kind of see what that benefit is, what the impact is, and really understand looking at our finances for sure. Because, I know that's a question we're taking up in different capacity here, even with early discussion about resolutions and those sorts of things. Just to kind of give you some insight, I've even had community members come and ask me directly about they purchased Parker Ranch properties in 1928. So they're already kind of thinking about those years that that goes into effect and supports family members like that. And there's been some testimony with comments about 75 years. That even opens up even more and may provide different impacts to our revenue streams for sure. So that's definitely something to consider. I think community's looking at it to just understand a benefit that's provided to them. So, happy to have those conversations hopefully as this program becomes implemented, what are the, sort of, benefits we can provide and also address some of the other concerns that we have around vacant lands. So thank you. CHR. INABA: Any further discussion? Seeing or hearing none, all those in favor of approving Bill 163, Draft 2, at first reading, please say "aye." Vote on Bill 163: The motion to pass Bill 163, Draft 2, on first reading and Draft 2 adopt Finance Committee Report No. 158 was carried by (Approved) the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Bill 164: AMENDS CHAPTER 2, ARTICLE 13, DIVISION 2, SECTION 2-69, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE HOUSING ADMINISTRATOR Requires Council confirmation for the Housing Administrator. Reference: Comm. 914 Intr. by: Council Member Onishi Approve: GOEAC-143 and Comm. 914.2: From Council Member Dennis "Fresh" Onishi, dated June 24, 2026, transmitting proposed amendments to Bill 164. Page 23 Hawaii County Council-44 July 8,2026 Motion to Approve: Mr. Onishi moved to pass Bill 164 on first reading and adopt Governmental Operations and External Affairs Committee Report No. 143. Seconded by Ms. Kierkiewicz. Motion to Amend: Mr. Onishi moved to amend Bill 164 with the contents of Comm. 914.2. Seconded by Mr. Hustace. CHR. INABA: Vice Chair Onishi. MR. ONISHI: With the discussion we had at Committee, this will help with being consistent with the rest of the directors when being appointed. And also, the Mayor shall, I guess, appoint someone within that 30 days, and then the Council to approve within the 60. So I ask my colleagues for your support. Thank you, I yield. CHR. INABA: Thank you, Vice Chair Onishi. Any discussion? Council Member Kimball. MS. KIMBALL: Supportive of the amendment from the standpoint that it aligns with the other director appointments, as you mentioned, which raises one of the concerns and questions about the other director appointments, which is what happens if no one's appointed within the 30 days. And so that is a problem with the Charter on some of those. I don't know if it's something maybe, because this is code, we could actually address at this time. I don't have any particular thoughts on it, but it seems like,particularly the Housing Administrator, maybe there's a designation of somebody that's acting in the interim that that doesn't happen. Just a thought. CHR. INABA: Thank you, Council Member Kimball. Anyone else on the amendment? Vice Chair Onishi. MR. ONISHI: Thank you, Chair. Yeah, I thought about it because I was thinking this is the easiest way to put something in. But then I figured it would be inconsistent, right, only for housing. So I'm thinking maybe within the next Council, we could do the amendments, or they could do the amendments for the whole body, for all the directors. And so, yeah, but I thought about that; I needed something in here. But yeah. I yield. Thank you. CHR. INABA: Thank you, Vice Chair Onishi. I am just trying to confirm. I think we might be missing a section if we're trying to align it with the Charter. And that's that it's 30 days from the beginning of a term and 60 days at any time after that when a vacancy occurs. So, if we look at Section 13-8 of the Charter, Subsection (b) states within 30 days of taking office or within 60 days after the occurrence of any vacancy. So I'm not sure if we want to just hold off on this and then we can just get the correct one at second and final reading, or is the bill Page 24 Hawaii County Council-44 July 8,2026 MR. ONISHI: If I could just amend that,yeah. We pass this now and then at second reading. CHR. INABA: Okay. Sounds good. MR. ONISHI: Thanks, Chair. CHR. INABA: All those in favor of amending Bill 164 with the contents of Communication 914.2,please say "aye." Vote on Motion to The motion to amend Bill 164 with the contents of Amend: Comm. 914.2 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Vote on Bill 164: The motion to pass Bill 164, as amended to Draft 2, on first (Draft 2) reading and adopt Governmental Operations and External (Approved) Affairs Committee Report No. 143 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. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 157 Susie Osborne, representing Ho`oulu Lahui, registered to speak in support of (DRAFT 3) Bill 157, Draft 3, and came forward when called by the Chair. (COMM. 888.7): Page 25 Hawaii County Council-44 July 8,2026 Bill 157: AMENDS CHAPTER 7 OF THE HAWAI`I COUNTY CODE 1983 (2016 (Draft 3) EDITION, AS AMENDED), RELATING TO DISASTER RECOVERY Establishes a County Disaster Recovery Program to coordinate short- and long-term recovery efforts following major disasters, led by a recovery officer appointed by the mayor with the responsibility for recovery planning, interagency coordination, community engagement, funding management, and the development of interim and long-term recovery and resilience plans. Reference: Comm. 888.7 Intr. by: Council Member Kierkiewicz First Reading: June 17, 2026 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 157, Draft 3, on second and final reading. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Another piece of legislation many years in the making. I think I first started working on the idea of the disaster recovery framework when Roy Takemoto was here with Mayor Kim. I think it needed the time and evolution of the recovery process to actually mature into the document that we see before us. This creates a blueprint to get our County a head start. As Susie aptly pointed out, not if a disaster happens, but when it happens our County now has a playbook for how to mobilize not just its resources internally but ensures that the community impacted by the disaster has a seat at the table and is part of the decision-making process for decisions that they're ultimately having to live with. Patti Pinto sent me, earlier this week, a copy of the after-action report from the 2018 Kilauea eruption. I'm not going to go into it, but the County could have done better. This ordinance is a first step in ensuring that many painful lessons are not relived by future communities. We also need future councils and administrations to consider investing in the community preparedness resilience piece because we're going to be hit pretty frequently in the future. And we need to make sure that we have the human infrastructure in place in the County to support communities when they need it immediately and in the long-term of recovery. So, looking for everyone's support on this measure. Hope we don't have to use it, but it's here if we need to. Thank you. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. I just want to mahalo you, Council Member Kierkiewicz, for bringing this forward. With lived experiences, you know, trying to take that to the next step in being proactive for community. So thank you very much. Page 26 Hawaii County Council-44 July 8,2026 CHR. INABA: Thank you, Council Member Kierkiewicz. Mahalo. All those in favor of approving Bill 157, Draft 3, at second and final reading, please say "aye." Vote on Bill 157: The motion to pass Bill 157, 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, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Bill 162: AMENDS CHAPTER 3 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PAID PARKING FACILITIES Adds a new article to establish signage requirements for paid parking facilities, to include a schedule of rates, notice of any additional fees, hours of operation, and information on towing procedures. Reference: Comm. 907 Intr. by: Council Member Villegas First Reading: June 17, 2026 Motion to Approve: Ms. Villegas moved to pass Bill 162 on second and final reading. Seconded by Ms. Kierkiewicz. CHR. INABA: Council Member Villegas. MS. VILLEGAS: I want to start off by thanking the Council for going ahead and moving forward with this legislation even in my absence during the last meeting. Having had the opportunity to be in downtown Kailua for the parade this last weekend and also visiting some of the restaurants and shops down there, I was heartbroken at the number of vacancies in the shopping centers and how empty the parking lots are. The village continues to suffer and struggle for a myriad of reasons, but the predatory parking practices have contributed greatly to that. So I'm deeply grateful for your support in getting to pass this legislation, which is a small step in the right direction that requires them to post their rates so people can make their decision when going into a lot based on what's posted there and no surprises. All right, with that I yield. Thanks for your support. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I just wanted to recognize Council Member Villegas for her years of advocacy in trying to work with community to find a solution. I know this is not the outcome that you were looking for, and you say Page 27 Hawaii County Council-44 July 8,2026 that it's a small step, but it's a step in the right direction nonetheless. So thank you for advocating for your community so that they can be aware of the prices in parking lots. It's just so shameful and heartbreaking to see all the price gouging going on, and the impact that it's having on the small businesses in our community. So thank you for being an advocate. CHR. INABA: Thank you, Council Member Kierkiewicz. All those in favor of approving Bill 162 at second and final reading, please say "aye." Vote on Bill 162: The motion to pass Bill 162 on second and final reading (Adopted) 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. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 165 The following individuals registered to speak and came forward when called by (COMM. 915): the Chair: Deborah Ward: In opposition. (see Comm. 915.6) Susie Osborne: In support. Debbie Hecht: In opposition. (see Comm. 915.6) Page 28 Hawaii County Council-44 July 8,2026 Bill 165: INITIATES AN AMENDMENT TO ARTICLE X OF THE CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION Increases the annual allocation dedicated to the Public Access, Open Space, and Natural Resources Preservation maintenance fund from 0.25 percent to 0.5 percent of real property tax revenue; removes the accrual limit for the fund; provides that all expenses from the fund must align with the fund's purpose; and authorizes the awarding of grants from the fund. Reference: Comm. 915 Intr. by: Council Member Kierkiewicz First Reading: June 17, 2026 2/3 Vote: Second of three required readings, Section 15-1(a), Hawaii County Charter (Note: Comm. 915.4, from Council Member Ashley L. Kierkiewicz dated July 8, 2026, transmitting proposed amendments to Bill 165, was circulated.) Motion to Approve: Ms. Kierkiewicz moved to pass Bill 165 on second reading. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I had an opportunity last month to do some family travels in Utah and in Colorado, and went on some really incredible hikes. Just so majestic to walk through those public lands and appreciated the foresight of Teddy Roosevelt to establish national parks so that these lands could be preserved so that future generations could enjoy them. I was passionate about the PONC (Public Access, Open Space, and Natural Resources Preservation Commission)program before, and after these trips even more so. And just so excited and humbled by the fact that Hawaii County has the opportunity to identify those lands here on our island and preserve them. This particular bill came out of community conversations that my office convened in March and bringing together individuals that were part of the initial establishment of the program through Charter and code, County personnel, and the stewards of the PONC parcels, people that rely on in communities island wide to take care of these properties so that they can be accessible for future generations. One of the things I heard from stewards in particular was the restriction of allowable activities to be funded because the Charter is so specific. And the consensus there was, let's take all of those activities and put it in the code so that as the needs of our stewards change, there's greater flexibility for the Council to introduce a code amendment. Introducing a code amendment is also not easy. It Page 29 Hawaii County Council-44 July 8,2026 also does not happen behind closed doors. It is a very transparent and public process where members of the public can engage at the Committee and Council level every single step of the way. And if you're lucky, your Council Member will actually work with you to design that language so that there's a ground swell of support coming forward. Here is where we are. We're at a point where this is now on the floor. It preserves the maintenance fund. I want to make that very clear. The maintenance fund is preserved. So money will be deposited into the maintenance fund. What is proposed in Bill 165 is the idea of increasing that amount from a quarter percent to half a percent and then removing the critical $3 million cap. In our conversations with the Finance Department, it's been affirmed that we've never fully exhausted that amount. In fact, Deputy Director, do you want to come forward and just kind of confirm? I think it's always been shy of about a million dollars in maintenance funds, stewardship funds that have been granted. I think it's very important to make that note that we haven't exhausted what we have already kind of committed to putting in the pot. (Note: At this time, Deputy Finance Director Malia Kekai came forward to address the members of the Council.) MS. KEKAI: Malia Kekai, Deputy Finance. That's correct. We probably give out about $500,000 to $800,000 a year in grants, and then the rest of the money has been kind of lapsing into the Fund Balance. So we haven't spent it fully yet. I do expect us to start spending more for sure. Like everybody says, we will start maintaining more properties, but we just haven't exhibited that yet. So it's kind of premature to raise it at this point for us. MS. KIERKIEWICZ: Okay. So because of that and feedback from this body at the last Council meeting, I put forward an amendment that would still put forward up to half a percent in the maintenance fund, taking from real property tax. But then there was also a suggestion that we pull from the Acquisition Fund. I don't know how folks are feeling about that. I have another amendment that I'd like to put forward today for discussion that would actually keep it at the quarter percent but allow the Council and Director of Finance, through the budgeting process, to go beyond that quarter percent if we see a need. We don't know what the future holds in terms of economic downturns, other infrastructure projects. There's a lot that remains unseen in terms of our fiscal picture. But the fact of the matter is we need to preserve this program, and what we're able to dedicate funding-wise just needs to remain flexible based on just various economic conditions. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 165 with the contents of Comm. 915.4. Seconded by Mr. Onishi. Page 30 Hawaii County Council-44 July 8,2026 CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. This is me trying to respond in real time to the comments that are being provided by members of this body and the Administration. This would change the amounts that is provided to the maintenance fund on an annual basis to quarter percent. So maintain that baseline. However, there is also the discretion of the Council and the Finance Director to go beyond that if we desire. So it preserves the quarter percent. And if we would like to put in more because there is a need by community—we hope that there is a need by community, but it has not been expressed yet—that we have the ability to do so. Happy to answer any questions folks might have. And thank you for being here, Deputy Director. CHR. INABA: Thank you, Council Member Kierkiewicz. On the amendment? Council Member Hustace. MR. HUSTACE: Thank you for bringing this proposal. I'm still of the mindset that at some point, and it's not anytime soon, but at some point that the monies in the funds and the acquisition have to transfer to the maintenance side at some point down the road. So I'm still in support of your previous consideration at this time. Thank you. CHR. INABA: Council Member Kimball. MS. KIMBALL: I think this is really smart,just where we are right now, to be cautious, allow for flexibility. This is a program that, like you, appreciate so much. And I think we are leading the State in terms of having a program like this to preserve public lands. As much as I hate to say it, though, this is a want and not a need when we think about County kuleana—water, wastewater, infrastructure, roads, bridges, culverts. And with the economic situation that may come to bear in the next couple of years that we're already seeing costs inflate, it concerns me to have more revenue constrained into special funds. I'm more comfortable with this approach where if we have it, we can do it. We all agree, I think, that we need to steward these properties, but I think this is wise right now to proceed with a little bit of caution. Thank you. CHR. INABA: Okay, Council Member Galimba. MS. GALIMBA: Thank you for this. I also agree and prefer this amendment. I just wanted to ask the maker, the flexibility portion of it, how is it reflected in the amendment or in the—where is that part? CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Sorry, could you clarify what you mean by flexibility? Thank you. Page 31 Hawaii County Council-44 July 8,2026 MS. GALIMBA: Thanks. You mentioned that the Council or the Finance Department would have the authority to increase the amount, which we generally do as the Council. But I was just wondering if there was any—if you were just relying on that general authority in your talk of flexibility. MS. KIERKIEWICZ: Thank you, Council Member. It's contained here in (a)(3), appropriations made by the council to the fund. That's in the original Charter amendment language, but I did want to emphasize the point that it's not just the Finance Department that can appropriate. We are also empowered through the budgeting process to make additional appropriations into the fund. MS. GALIMBA: Got it. Thank you. CHR. INABA: All right, on the amendment, I support this amendment. I don't think we're at the point, as has been stated, that we are expending everything that goes into the maintenance fund. And for myself, I can't see taking from the Acquisition Fund. I think I've stated it in previous hearings where land isn't cheap here. And the amount that we put in every year, we need every penny of that to acquire more land. So at such point that we do need to make adjustments to how much we're appropriating for maintenance, the Council and Administration can make that determination at that time. So thank you for bringing this forward, Council Member Kierkiewicz. We're going to take a roll call vote on the amendment 915.4. Vote on Motion to The motion to amend Bill 165 with the contents of Amend: Comm. 915.4 was carried by the following roll call vote: (Approved) Ayes: Council Members Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—7. Noes: Council Members Hustace and Kagiwada—2. Absent: None. Excused: None. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: I think—does Council Member Villegas have a question? CHR. INABA: Oh, sorry. Council Member Villegas. MS. VILLEGAS: Go ahead because we're going back to the bill. So you go ahead and start it off. Page 32 Hawaii County Council-44 July 8,2026 MS. KIERKIEWICZ: Thank you. I know that there were requests by the body and the community for the code piece to run parallel with the Charter amendment. But as folks have heard in previous meetings, Corporation Counsel has stated that in fact they cannot run concurrently. I did mention to Corporation Counsel that I can bring forward a code amendment. We would just have to hold it for second and final reading until the November election is completed and folks are able to vote on the Charter. So I still plan to bring forward that code piece that articulates everything that's within the Charter related to stewardship activities, and put that in the code. And again, that would go through a public process of review and then we would hold to affirm it after the November election has occurred. There were also questions about timing of things. We are still okay to proceed with this bill and take it up, if that is the will of the Council, for third and final reading at our next scheduled Council meeting in a couple of weeks. The piece that our Council would have to take on is the translation of the ballot question and summary. The State elections office, out of courtesy, set a deadline of July 30t'to handle that for counties. But they've also provided the opportunity for counties to do that on their own and submit the question, the summary, and the translation to their office by August 20a'. So there is time for us to get that done, again if it is the will of the body to move forward with this amendment. Corporation Counsel Schoen is standing by to affirm everything that I've just stated. But I just wanted to provide clarity and timing on the process. Chair, thank you. CHR. INABA: Council Member Villegas. MS. VILLEGAS: I, first off, want to say thank you for all of your vigilance and putting together the meetings earlier this year, and then taking all that information and putting this together. I'm still kind of on the fence on pushing this. It feels a bit uncomfortable to me when Finance and the PONC team is losing a vital member. We've been here a long time together and watched the navigation of the maintenance fund management go from Parks and Rec (Recreation) to Finance. And what a struggle it had been for people to even get maintenance funds, those nonprofits. We are just starting to get things up and running more smoothly, which I just want to point out is very significantly tied to why there always has been lots of funds available and underutilized because the process of applications and how it's all been managed has struggled. We, as a County, have come into the 21st century in so many of our departments and divisions in the last eight years that we've been sitting here. So I'm really grateful to see all that progress. I suppose I'm just still fairly uncomfortable. And Page 33 Hawaii County Council-44 July 8,2026 I'll humbly admit part of it's because I won't be here for the next term, and you won't be here for the next term if there are any hiccups for us to continue working on this. So I just amI'm uncertain in if the risk outweighs the reward. Because, what happens with a Charter amendment without the code amendments, and having witnessed other administrations that would have loved nothing more than to gut this program and remove funds and put it somewhere else. And I hear whispers of it from those that perceive themselves as king makers and political kingpins. So that's my concern,partly because we won't be here to guide this forward. So these timeframes—and I'm seeing nods from people and I just am hearing a lot of"Aaah! Please be careful! Don't expose us to more risk and accidentally unintentionally leave us vulnerable, and for this incredible program to be left somehow weaker and not fulfill the intention of everything that you've brought forward and worked so hard to put not only as a Charter amendment, but also without seeing any of the code things." There's just a lot of unrest, especially from those who were at the forefront of the creation and fought I remember fought so hard to get this program up and running. So those are my two cents right now. I yield. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I just have a question that one of the testifiers brought up, and I think I mentioned at the last discussion on this too. Could the maker explain why conservation is not being used in the conservation easements. Is there a reason for that, or is that just something that it happened that way? Could you share with us why we didn't put conservation in? Because that's my understanding, is the conservation easement. Not an easement to necessarily access a property, but to help steward the property is what we're CHR. INABA: Council Member Kagiwada, could you point us all to the specific section that you're referencing,please? MS. KAGIWADA: Yes. Sorry. (Section) 10-16(b). CHR. INABA: Okay, (Section) 10-16, Subsection (b). Council Member Kierkiewicz. MS. KIERKIEWICZ: Easement is still noted as something that can be funded with these monies. Is your concern that the word"conservation"wasn't explicitly stated? Because, easements could also include conservation easements. MS. KAGIWADA: Yes. I was just clarifying that you wanted it to be broader because Page 34 Hawaii County Council-44 July 8,2026 MS. KIERKIEWICZ: Correct. MS. KAGIWADA: Okay. I just wanted to make sure that was clear. All right. Thank you for that information. I yield. MS. KIERKIEWICZ: Deputy, is there anything else you wanted to add? MS. KEKAI: I was going to say that in the preservation fund, it explicitly says, "conservation easements." And so, basically, our two options are fee simple land purchase or conservation easement. So this is just the maintenance of those that we purchased, yeah. CHR. INABA: Thank you. And I believe Subsection (a)under Section 10-16, as it currently reads in the County Charter, states "easements,"not"conservation easements." Maintenance of lands and easements acquired. So it matches what's already in that section of the current Charter language. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I appreciate your honesty, Council Member Villegas, about just being concerns. We've still got nine meetings left, and I'm going to make the most of them, don't you know. I do plan to continue working with the community members that were part of the summit, the Department of Finance, and PONC commissioners on moving the stewardship activities articulated in the Charter into a code amendment. We're going to get that in August. We can review that and work on it as a hui until the November election. So, as far as loose ends, we're going to tie them up before our term is over. That I guarantee. You talk about risks. Some of the risks and exposures I've seen is with the very prescriptive nature of the activities in the Charter has restricted various activities that our stewards want to do. For instance, education is not something they can currently get funding for. If they want to do some kind of fundraiser on the property that allows them to raise funds to continue to support the work that they do to care for those properties, they cannot do that. So, if we leave things as is, we're in fact hurting our stewards. We're in fact hurting them for another couple of years and asking them to just bite the bullet until we're able to tackle this, perhaps. I don't even know if anybody's going to want to take this on in the next couple of years. But we have the opportunity to do something about it right now. The other thing that they are not entitled to is that administrative fee, that 10 percent. So things like liability insurance, things that are operational that are critical for nonprofits to have in order to run the programs that they do, that's something that they don't have access to. So there are a lot of imperative fixes Page 35 Hawaii County Council-44 July 8,2026 that need to happen that are going to be part of the code update that I put forward. So I just hope folks keep that in mind as we consider moving this bill to a third reading for consideration. Thank you. CHR. INABA: Thank you, Council Member Kierkiewicz. Council Member Kimball. MS. KIMBALL: I just wanted to clarify my understanding, then. Do we have to put this to bed, basically, to vote on it at third and final before we can start the discussion? Okay, they cannot go concurrently. Okay. There's got to be a way for you to communicate with us about what that might look like outside of maybe a bill. I would askI mean, again, I'm going to support this to go to the next reading. I still just really want to get a sense ofI mean, you are articulating it verbally to some extent, and that becomes part of the legislative history. But I'm still wanting to get some sense of what that's going to look like and how it's going to operate before I feel comfortable. I also want to ask—this is maybe a Clerk question. With the timeline around the ballot language, there is actually nothing preventing us from starting that work sooner, even before the CouncilI mean, there's some expense associated with the translation services, as I understand. But there's nothing that would prevent us from actually asking Corporation Counsel and that construction of the language to be done sooner. MR. BROWN: So the ballot language itself is the responsibility of the Clerk's office. The summary that goes along with it is done by Corporation Counsel. So I know Council Member I think has had, and I don't know what exactly that is, had conversations with Corporation Counsel. We have started that process of looking at it. We never want to assume things will pass or not pass. But we are preparing and getting ready in case it does, where we will be able to meet even the deadline of getting the summary in, whether it goes to the State office for them to do some of the translation responsibilities or if that's going to be done by the County. MS. KIMBALL: I'm almost wonderingI don't always have good ideas; sometimes, they're a little off the wall. But I'm almost wondering if the language of the ballot question and summary might have the opportunity to reflect the intention to move the language that's being removed into the code as a way to document it. Again, I don't always have good ideas, but that's just what's kicking around in my brain right now. Okay, I'll leave it there. I mean, I do see the need for this for the flexibility in terms of how the grant programs are used. Last question for you: Have you reviewed the proposed amendments to your bill from Ms. Hecht, and any thoughts on those more kind of editorial—some of them are editorial and some are less so. But do you have any comments on those recommended amendments? Page 36 Hawaii County Council-44 July 8,2026 CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I have received numerous emails from Debbie Hecht. There's a lot to pore over. Not everything is relevant to the maintenance fund. I think it's about the program in general, some of which we may be able to address in code only if it has to do with the maintenance fund and stewardship activities. General program stuff, that is for another Council Member in another term for another Charter amendment, not this one. The wondering I have is a communication with proposed code language at the next Council meeting. I don't know if that is allowed. Maybe Corporation Counsel can weigh in on that, but it at least provides us with a general idea of what the companion measure of the Charter could look like. And then as to your question about the ballot question itself, Bill 165 does say activities will be articulated through ordinance. So that can absolutely be part of the summary so that, as folks are reading through this, they know there's additional information to look forward to in the County code. I think that's something that can absolutely be in the summary. Corporation Counsel, do you want to weigh in on that suggestion of proposed code language as a communication? CHR. INABA: Perhaps, Corporation Counsel, you can just explain to us why we can't have a bill at Committee level starting already. (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Council.) MS. SCHOEN: Good afternoon. Renee Schoen, Corporation Counsel. So, going to Council Member Kierkiewicz' question regarding the communication, I probably want to think about that a little bit more and work with you. Just worried about—yeah, I don't know what the communication would say. I don't know if we would somehow kind of be skirting some kind of Sunshine (Law) issue by discussing matters that are potentially going to be discussed by this body. And then as to Chair Inaba's question, it's really this body discussing and making decision on another piece of legislation that has not yet passed. So it's kind of talking about something that has not yet happened yet. And we have talked about making the effective date occur when this Charter amendment passes, which is preferable. CHR. INABA: Okay, thank you. You still have the floor. Okay. Council Member Villegas. Page 37 Hawaii County Council-44 July 8,2026 MS. VILLEGAS: Thank you. I'm hoping this is going to be helpful, Ashley, because I actually have Debbie's edited version here. One of the questions already has been kind of cleared up through Council Member Kagiwada as to why conservation isn't listed there anymore. The other one was in (Section) 10-16(a). It currently reads, "There is established a public access, open space, and natural resources preservation maintenance fund, into which shall be deposited . . . ." And the recommendation is to include the twice per year. And I wondered if you were open to a friendly amendment or what the thought process was, was to not have that included in this version? CHR. INABA: Sorry, Council Member Villegas, can you again point us to what section and subsection? MS. VILLEGAS: Section 10-16(a). CHR. INABA: Okay, thank you. MS. VILLEGAS: So that's just one piece, was the putting back in the twice per year so that it's very delineated when that happens. We've already gone over the conservation piece, which sounds like that makes sense and isn't necessary to put conservation. And it's actually better, is what my understanding from you is. The other piece here is to include a(d), which talks about the deadline for applications shall be yearly. The Department of Finance shall publish the application due date with a link to the application on the website and in an email sent to all interested parties and potential applicants 60 days before the application's due date. I don't know if that was language that was included prior or if that's just something that's being recommended to add. So I'm looking for yourI don't want to just bring amendments and put them forth if you've already determined that these, while being perceived as necessary by certain members of the community, if they're already taken care of in other parts of the Charter. And then the last one is adding—not the last one, sorry—under(e)(3), it would be adding to the statement. The statement currently reads, "Financial statements shall be posted each month on the public access, open space, and natural resources fund website." And then it would be adding this statement: "and shall include all deposits and expenditures with details, including who received the grant, for what property, the purpose of the grant, and the date received,"which Finance may have or the PONC team may have. That's a lot of information to put somewhere. I'm just throwing this out there so you guys can see what I'm looking at. Page 38 Hawaii County Council-44 July 8,2026 And then the last thing is under Section (f), changing the word"may"to "shall." "The director of finance shall award grants from the maintenance fund to 501(c)(3)non-profit organizations, subject to the approval of the council by resolution." So shifting that"may"to a"shall." Hopefully, this is helpful and I can share this with you. I don't—got it. Okay, perfect. So, wanting to bounce that off of you, see where that lands with Finance, with Corp. (Corporation) Counsel, with the PONC team. In this position, trying to navigate providing as much comfort and security to those who, for decades, have been invested in this program so that we can move forward with providing them as much confidence and trust as possible, while also having respect for and honoring the land of legalese and sometimes the need, or not need, for certain terms. So, humbly sharing that with you. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I'll request a little bit of assistance from Deputy Finance Director on the twice annual deposits. But I think an annual deposit is sufficient, especially if the funding—those transactions are being accurately recorded online. I don't see a benefit to twice a year deposits, especially if it's done once a year and it equals the same amount. I think it just adds another burden on our County team to calculate what needs to go in at that precise moment. So I'm going to stick with the annual deposit. The minutia, you guys, of what needs to happen, when, at what time, and in the newspaper, on email, blah, blah, blah. That stuff in the Charter, it just doesn't belong there. It's so inappropriate for the Charter. The Charter is supposed to be thematic and sets the direction. All those other details need to be in the code. The Planning Department is still publishing things in the paper because it says that in the Charter. Who reads the paper? No one's hand is being raised in this room. We're getting stuff online. Thank you for supporting the Tribune-Herald. That's one hand, for the record. I want to caution folks about being so specific about what the department must do, and locking us into the Charter. These are processes that can be articulated in code as well as in commission rules. Same response for the information about grants. I think the Finance Department now finally has the tools necessary to keep the public and the Council informed in terms of grants that are issued, monies being awarded, account balances, whatnot. We're finally in a position to ensure that that information is out there on a regular basis. And then the idea about"shall,"I was honestly just mirroring what Debbie Hecht had in her original Charter language. All of the language said, "monies may," "grants may be awarded." So it's just a direct reflection of what she had originally authored. I don't think that having the word"may" is going to in any way impact or get in the way of the Finance Director making these Page 39 Hawaii County Council-44 July 8,2026 recommendations so that the Council can award grants through resolutions. Thanks for bringing that up so I can address it on the record, Council Member. Thank you. MS. KEKAI: Malia Kekai, Deputy Finance. I was going to say,practically, I mean, when we do deposits, right, you guys just see the one. There's the initial kind of real property tax deposit. And then there's kind of the cleanup one, as we figure out how much money we actually collect, right, because it happens over the course of the year. So I would say that it will probably be ending up in two deposits, but we try to get it in one. And then for big expenditures, obviously we've been talking all about the grant management system where we're going live as we speak, right, this week. And so all the data will be there, and we have our website. And we're trying to get that all fixed up and all that information, so that not only can people see PONC grants, but they can see all the County grants, hopefully, and it'll all be in there. And then with the "may"to the "shall,"I think it's just—not that this would happen, but let's just say it did happen. Let's say we lost all our stewards, and then it says, "shall." Who do we give the money to now? There has to be some discretion left I think, and it cannot just be you"shall" give money without—we must review. The commission must review. Finance must review. Council must review. It can't really be a"shall." There has to be these levels of review before anything is given out. CHR. INABA: Thank you, Deputy Director. Council Member Kimball. MS. KIMBALL: I'd like to actually ask Corporation Counsel to come up again. I just want to lean into this code-amendment, Charter-amendment conversation a little bit more. What is it exactly, the Sunshine Law concern? MS. SCHOEN: The initial concern was that you are discussing one piece of legislation that is dependent upon the passage of another piece of legislation. MS. KIMBALL: So it's really the dependency that's the problem, not necessarily the fact that it's a related subject. MS. SCHOEN: It's a dependency and then you're also discussing a matter that is actually conflicting with the existing potentially could be conflicting with the existing Charter provision. So you're discussing code legislation and the passage of it that arguably would conflict with the existing Charter amendment. MS. KIMBALL: What if it didn't conflict? MS. SCHOEN: If it didn't conflict, that would be better. And so--because I was asked this question, I am looking at it to provide you all a better explanation. We Page 40 Hawaii County Council-44 July 8,2026 had other concerns about just the conflicting issue, and I think this came up when we discussed the General Plan and trying to implement a procedure which conflicted with legislation, yeah. MS. KIMBALL: This is sausage-making after (inaudible). It's not always as clean as we'd like it to be. But I think, Council Member Kierkiewicz, if the concern—and this is my concern—is that the language in the Charter that is currently there, in its absence would leave some things undefined. If there were a proposal to basically codify in complete alignment with what is in the Charter now, which I know is not what you're after, but at least it would be something that provided assurances that if the Charter amendment passes, then the identical information in the code would go forward. Then, we could come back and make amendments to that and have the bill date be upon approval of the Charter amendment so that you wouldn't haveI don't think there's an issue unless there's a conflict between the Charter and the code amendment proposed. But I think the assurance that folks are looking for is that at least the content of the current Charter with regard to how the funds are used is preserved in some way. Do you see where I'm getting? Yeah,just a thought. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Corporation Counsel Schoen, just thinking about that and we have done similar things in the past,perhaps not a Charter amendment, but I'm reminded of a previous Council Member's bill to ban anything to do with vaping. MS. SCHOEN: (Inaudible). MR. KANEALI`I-KLEINFELDER: Preemptive. But the real kicker was the severability clause on the bottom of the ordinance,which basically says cannot go into effect if in noncompliance with other restrictions, other covenants of the code. MS. SCHOEN: Yeah, correct. I mean, that's something that I had spoken with Council Member Kierkiewicz about and seeing if that could work, its prospective application. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: (Inaudible.) CHR. INABA: Oh, go ahead, Council Member Kagiwada. Page 41 Hawaii County Council-44 July 8,2026 MS. KAGIWADA: Thank you. Just one further question about the process. So if the Council passes this and we take on as the Council, I guess, or as the County, doing the write-ups and the translations and everything, it sounds like, and I just want to confirm, you have everybody kind of in line and ready to go on that and feel confident that we can do all that. I just wanted to double-check, for the record. Thank you, I yield. CHR. INABA: Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Yes. For the record, Council Services stands ready to step up to the plate and deliver. And Corporation Counsel is checking with the State to see the translators that they contract with so that we can in fact meet the August 20a' deadline. To your question, Council Member Kimball, yes, it's going to be a mirror. I don't think it's going to be exact wording, because I think that there are opportunities to kind of simplify the language. But I envision the list of activities to actually grow based on the needs of our nonprofit stewards. Thank you. CHR. INABA: Thank you. Council Member Villegas, do you want to wrap us up? MS. VILLEGAS: Yeah. Just a quick question and perhaps an example from my own life. Will we see the language for the ballot before that goes? Or does that get created in the Clerk's office and then just go straight to the State? CHR. INABA: Deputy Clerk. MR. BROWN: Ballot—so it's the responsibility of the Clerk's office to write the ballot language. It'll be a collaborative effort; our LRB (Legislative Research Branch) division, our County Clerk. We will also get the feedback from Corporation Counsel. I think the more eyes on it to make sure the language is very clear. We don't want any bias in there. I think it's very much a collaborative effort to try to get it right. We want to make sure our voters, when they read that, it's as clear as possible but it's accurate. And that's why the summary is also very important, because sometimes these short, concise ballot language is sometimes hard to see what it means. I don't know if that answered your question, but it'll be a collaborative process led by our LRB division. MS. VILLEGAS: Okay, great. Thank you. I'm heartened to hear that. Having seen Charter amendments on the ballot for issues over the years, the use of double negatives and confusing terminology: You're voting "yes" if you're against something or"no" if you're for it. I think the era of that kind of bait and switch, gaslighting hopefully is completely over. So I just wanted to see. Somebody said something about resolution. Does it come to the Council, then? Page 42 Hawaii County Council-44 July 8,2026 CHR. INABA: Yes. There is a resolution for any bill that is a Charter amendment passed by the Council, that we will need to see the resolution (inaudible). MS. VILLEGAS: Fantastic. Thank you. I'm excited for that era to be over and for things to continue to be clearer for our voters as we continue to make important decisions for our community. That was my final question. I yield. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. Could Deputy Director Kekai come up? Thank you so much. I'm still a little hung up on losing the cap, which I kind of like. I know that there's thoughts of using more of these funds for larger properties and perhaps in new ways. Could you just go—but on the other side, I just really don't like the idea of a lot of money just piling up in there, and there's no sort of break on it. What is our current—currently with our current real property taxes, what are we putting in there every year? MS. KEKAI: Chair, thank you. Approximately $1.3 million. MS. GALIMBA: $1.3 million, okay. And we're expending somewhere between, I think this year was like five? MS. KEKAI: $500,000 to $800,000 is about the average, yeah. MS. GALIMBA: Yeah. So there's a little bit of like $600,000 approximately that is going—well, coming back to the County at this point in time, more or less. MS. KEKAI: Yeah, but we have plans this coming year. As we budget it now where it's in our budget to spend that money, to do a lot of consulting contracts to make sure that we get assessments done on all of the properties, so we know exactly the baseline of how to maintain them and stuff. So we do believe that we will spend that money now. And I think that's why we're not too worried about the cap, because we do think, going forward, we will be much more responsible at expending those funds and making sure that we're identifying the plans that need to be done, and all of the things that need to be done to maintain those properties properly. MS. GALIMBA: So the Finance Department itself will be creating those contracts to get that information about the properties? MS. KEKAI: Yes. We'll be procuring consultants to do assessments, and then see also how we recruit more stewards, all these other—kind of building the program out. How to build a program with community work days, and how do Page 43 Hawaii County Council-44 July 8,2026 we really strengthen the program so it's not just us, but that we use what we have to build it out to kind of build a little malama `aina army, I guess, for lack of a better term. MS. GALIMBA: Sounds great. Is there any—what are your thoughts on the staffing of that? I know we have the dedicated funding from the acquisition side for the position that's dedicated. For some of these other activities that you are speaking of, would that be potentially other positions using PONC funding or more generally from General Fund positions? MS. KEKAI: I think, yeah, if they're going to be a hundred percent dedicated. And I see, as this program grows, obviously we have I think it's 21 properties at this point, fee simple; I think four to five conservation easements, which is about 11,000 acres. So I mean, I think as we build that out, as we have more contracts to oversee and also just stewards to partner with and NRCS (Natural Resources Conservation Service) and whoever else will partner with us, I think, yes, we will need to build out our staff at that point to increase our capacity so that we can be more just I can't—the word just fell out of my head. But we can communicate better with people and more efficiently make sure that nothing kind of gets left behind. MS. GALIMBA: Okay. Thank you very much for that info (information). That's really helpful for me. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Deputy Director, what is the current spend down for the stewardship fund per year? MS. KEKAI: I'm going to actually ask Ben to say what this last one was, the exact amount of grants that we just gave out. But I think we're averaging about $500,000 to $800,000 a year. (Note: At this time, Public Access, Open Space, and Natural Resources Preservation Commission Program Manager Ben Shapiro came forward to address the members of the Council.) MR. SHAPIRO: Hi. Ben Shapiro, PONC Program Manager. So we put together an analysis of the expenditures over the last five years, and they vary greatly depending upon the number of grants, what payments were made, if they were delayed, etcetera. For example, they do range and the average is about $500,000 to $800,000, but they range from as low as $222,000 to $1.4 million last year. So it really just depends on if things are on track or delayed or there's a balloon. For example, there's a larger number of grants or smaller number of grants. It just depends drastically on kind of what the PONC program is doing at the time in that year. Page 44 Hawaii County Council-44 July 8,2026 MR. KANEALI`I-KLEINFELDER: I'm sorry. One more time; it ranges from $200,000 to $1.4 million last year? MR. SHAPIRO: No, I'm sorry. So we did an analysis over the last six years. So, over the last six years, there was a range. But last year was $1.4 million. MR. KANEALI`I-KLEINFELDER: Okay, thank you. MR. SHAPIRO: Sure. MR. KANEALI`I-KLEINFELDER: And then, so the removal of the $3 million cap would leave this to be funded to potentially a billion dollars, yeah, whatever, if it's not programmed by the Department of Finance. Correct? MS. KEKAI: I guess in theory that is correct, that if we don't spend money it will continue to pile up, yes. MR. KANEALI`I-KLEINFELDER: Okay. And then should it need to be moved, which is what the bill also does, then that would be legislative? Administrative? MS. KEKAI: I think once it is in the maintenance fund, there is no mechanism to move it out if you remove the cap. MR. KANEALI`I-KLEINFELDER: To the maker, is that correct? So the Department of Finance can't move the funds either should there be an excess of funding? MS. KEKAL We cannot, no. Not without the cap. MR. KANEALI`I-KLEINFELDER: Okay. So the percentage stays the same. The six-year analysis shows a range of$200,000 to $1.4 million being awarded each year. If it accrues beyond $3 million, which is the cap now, if this were to pass there would be no accrual limit. It's not really a bad thing. This is a good program, but it's also a responsibility of us to make sure it doesn't just accumulate to the point where we actually have to go back to change the Charter to be able to move the funds to a different area. Finance, I mean, is your viewpoint—let me ask a question. Do you guys agree with the bill or not? MS. KEKAI: Yeah, we agree with the bill as it has been amended today, yeah. Yes. MR. KANEALI`I-KLEINFELDER: So no accrual limit? MS. KEKAI: Yes. We believe we're going to spend the money. MR. KANEALI`I-KLEINFELDER: Okay, but we're not. Page 45 Hawaii County Council-44 July 8,2026 MS. KEKAI: We budgeted $1.8 million next year, and we're going to try and hit that number. MR. KANEALI`I-KLEINFELDER: Okay. MS. KEKAI: So we're going to work into that Fund Balance. MR. KANEALI`I-KLEINFELDER: Okay. Has the amount of applications for grants, not grants but awards increased? MS. KEKAI: We just opened up our system yesterday, and we already got one for Honolulu Landing. I think there are going to be more. I think there are going to be more this year, I think. I can't tell you right now because it doesn't close till August 15a', but I can give you that number once they all come in. And I think they will go up. The accessibility will be better. MR. KANEALI`I-KLEINFELDER: Just from gauging what you just said, if it's $200,000 in the past six years as a low, and this year it's $1.8 million—she just said $1.8 million. MS. KEKAI: We budgeted $1.8 million. MR. KANEALI`I-KLEINFELDER: Oh, you budgeted $1.8 million. MS. KEKAI: Yeah. That's including grants and the money that we intend to spend on the program to basically assess all of the properties. MR. KANEALI`I-KLEINFELDER: Okay. At$960 million, what is a quarter percent of that? MS. KEKAI: 1.3 MR. KANEALI`I-KLEINFELDER: 1.3 MS. KEKAI: Approximately. MR. KANEALI`I-KLEINFELDER: Okay. You guys are pretty much right on track. Maybe we should look at a slight increase to the amount we're putting on the top. Maybe not a half percent, but maybe like a 0.3 percent, which would be almost in line with matching what you folks are getting ready to program. Okay. So the Department of Finance is actually liking the bill? MS. KEKAI: We're in agreement. It doesn't increase the amount of money that's going in there, but we're confident that we can program the funds and execute. Page 46 Hawaii County Council-44 July 8,2026 MR. KANEALI`I-KLEINFELDER: And we're not concerned with the removal of the cap? MS. KEKAI: Not at this time. MR. KANEALI`I-KLEINFELDER: Okay. Can I ask, is there a reason we have Ms. Kekai in front of us? No? Okay,just wondering. MS. KEKAI: I know you guys rather have her. MR. KANEALI`I-KLEINFELDER: Not rather, I'm just interested. MS. KEKAI: She's here to have my back. MR. KANEALI`I-KLEINFELDER: You're doing good, Ms. Kekai. Thank you. (Note: At this time, Finance Director Diane Nakagawa came forward to address the members of the Council.) MS. NAKAGAWA: Diane Nakagawa, Finance. No, there is absolutely no reason. Just here in support and to be available to answer any questions if needed. We have worked really hard to improve the program, both on the acquisition and the maintenance. We know there's a lot to do. We have big plans. The things that we want to do also, not just the stewardship grants but the studies, the management plans, they come at a big cost. So, as you know and as you've seen through Council for different reasons, some of these are several hundred thousand dollars. And these should be done for every property. Now, we not just only want to buy the property and acquire the property, we want to effectively and properly maintain these properties. So the things that we need to do, the studies, the consultants that we're bringing on board—Ben just reminded me that the two that we just brought on board are going to be about $400,000 each. So, as we walk through the list, really identify the things that need to be done, it'll cost more to do the proper maintenance. But we understand it's the right thing to do, and we're in support of making sure that these lands are properly maintained once they are in our responsibility. So, in looking at those costs, we feel that for us to do what we should do, we are okay with the funding that's presented. MR. KANEALI`I-KLEINFELDER: Then to the maker, sorry, what is the legislative aspect? What is the Council's duty? That was mentioned a few times, is how to create the ability of the Council to be able to move funds around as needed. CHR. INABA: I'll answer that. We're not going to go back and forth. We can make budget amendments during the budget process. So, if we need to put extra Page 47 Hawaii County Council-44 July 8,2026 funds into the maintenance fund, we can program whether that be from Fund Balance or moving expenditures in other departments to have enough revenue in the maintenance fund. MR. KANEALI`I-KLEINFELDER: And that's different from what the law currently is? CHR. INABA: No. That's allowed currently as well. MR. KANEALI`I-KLEINFELDER: Okay. Okay, so I'm a little confused as to what some of our testifiers were talking about. I like the bill the way that it is. Department of Finance likes the bill. I'm in support of the bill. Thank you. CHR. INABA: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Galimba, briefly please. MS. GALIMBA: A quick question. Yeah. Can the Council take if the Fund Balance is building up,just as like a pulse, I doubt it will happen but should it happen, can the Council go in and take money out? Is that something ? MS. KEKAI: I don't believe there is a mechanism to remove it from the special fund, but I'll look at Corp. Counsel and Diane just in case. Once it's deposited into the special fund, Council doesn't have the power to remove, right? Okay. Yeah,just double-checking. Yeah. So you also would not have the power to pull the funds out unless an amendment was put forth. MS. GALIMBA: An amendment. Okay, so yeah,that leads to my second question. If we did want to put in a cap at a later time, does it have to be by Charter, or could we put it into the code? MS. KEKAI: I believe you can just put it into the code. MS. GALIMBA: Okay. All right. That seems like a pretty good stopgap if necessary. MS. NAKAGAWA: Diane Nakagawa, Finance. Just wanted to reiterate again that the movement and transparency into putting these items into the budget this year also is another opportunity for Council when we come forward to make any adjustments, as we talk about it, that you wish to do. So, as Malia mentioned, the $1.8 million is budgeted. If we go through our budget hearing and we talk about it and there's an adjustment that needs to be made or someone feels that there is, that is the other opportunity, now that it is in the budget, to weigh in on the amounts that we have suggested in the budget ordinance. CHR. INABA: Council Member Villegas. Page 48 Hawaii County Council-44 July 8,2026 MS. VILLEGAS: Just a quick comment. I'm hearing kind of trepidation about this money sitting there and how do we get it out. And I just want to, especially after our conversations earlier about learning the history of the legal how we got here as not only a state but as a county, when the PONC fund was created it was a fight. And the old school network that was in power did not want to give up money from our budget to invest in buying property and protecting it for the future generations. So some of these things and why it was originally put in Charter was strategic, so it couldn't just be changed as a code amendment. And the money couldn't just be reallocated by whoever was sitting in these seats or in the head of the Administration. So you're not wrong. Those things were specifically put there to protect this fund from predatory behavior or change in political patterns that could jeopardize the longevity of something that was created to invest and protect land for future generations. And I just—so that was a part of the strategy. I also want to thank Department of Finance for taking your responsibility. It's not always that I can sit here and feel a level of trust and confidence that your intent—not yours—but the intentions are to continue to elevate this program, invest in the right consultants that will provide the most accurate, authentic, culturally aligned, environmentally sound plans and programs for how to steward these propertiesI also chuckle to myself because I'm like, leave it to humans to think that we need to steward nature; she kind of can do it herself—but with stewards and cultural practitioners and whatnot. So just thank you for this. Thank you for continuing to elevate our programs, funds, procedures, andI see Director's deep breath—and bringing us into the 21st century. So I'll be supporting this today. Moving forward, I will be looking forward to—also interested in once again how this can happen, because my heart does go out to those who have been involved in this for so long. And unfortunately, part of history has proven to some of us whoI try not to be too callous—have been hurt and disappointed and had our trust broken in the past. So we're going to get this done right, Ashley, and the language is going to transfer to the code with additions that will continue to benefit the stewards of these sacred lands. I yield. CHR. INABA: Okay, Council Member Kaneali`i-Kleinfelder, last shot at it. MS. KEKAI: Wait, can I just make one correction? CHR. INABA: Yes, go ahead. MS. KEKAI: To my statement to Council Member Galimba, add (inaudible)put the caveat that you may make a code amendment if this Charter amendment passes. If the Charter(inaudible), sorry,just to make sure that—add that— Page 49 Hawaii County Council-44 July 8,2026 MR. KANEALI`I-KLEINFELDER: I forgot to ask, are the awards for stewardship, are they being done in full, or are we not able to fund them to the levels that they're requesting? MS. KEKAI: No. I mean, we—they're not given out at a hundred percent advance payment, but we do like a 50-40-10. So they do—we fund the majority of their program. It's just their unallowable cost. So there maybe somethings that just don't get funded. MR. KANEALI`I-KLEINFELDER: Okay. But if there's organizations coming in for qualified expenses for a hundred thousand dollar ask, that we're giving the full awards. That's that $1.4 million that we were talking about. MS. KEKAI: That's not all grant awards, but that—but yes. They're getting the fully funded—all the allowable costs, yes. MR. KANEALI`I-KLEINFELDER: Thank you. CHR. INABA: Thank you. I'll wrap us up. Council Member Kierkiewicz, I like where this bill is after the amendment today. And I thinkI hear concerns. Ms. Hecht lives in my district, so I probably hear the most from her. And I recognize the concerns, but I do feel, as you stated earlier, that the specific language should not be in Charter when it comes to application dates and things like that. That should live in the code. So I support making that move, while preserving the mainstays of the maintenance program being the funding mechanism, and removingso, getting rid of the cap. That's something that I think we need to do. I'm happy to have the Finance Department's support as well, seeing that they've been managing this fund now for a few years. So with that, all those in favor of approving Bill 165 at second reading, please say "aye." Vote on Bill 165: The motion to pass Bill 165, as amended to Draft 2, on Draft 2 second reading was carried by the following voice vote: (Adopted) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) Page 50 Hawaii County Council-44 July 8,2026 ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (Note: At this time, a moment of silence was observed for the passing of Wendy Baez, a former employee of the Hawaii County Council.) CHR. INABA: We'll be preparing a certificate for Wendy's years of service, and I'll be asking the Council to sign to present to her family. We send our aloha out to Uncle Albert and Aunty Lorraine down there in Waiea. One last announcement from Deputy Clerk Brown. MR. BROWN: Thank you, Chair. Just want to make a pretty big announcement, that the Hilo Council chambers will be closed on the following meeting dates: July 22 and 23,August 4 and 5, and August 18 and 19. This room will serve to help support the elections operations for both the County and the State. So I want to thank the Council for their support and their patience with us. All of our meetings will be held in person in Kona. Of course, as always, oral testimony can be provided by Zoom. The Kona Council chambers will be open. It's located at 74-5044 Ane Keohokalole Highway, Building A—our usual Council chamber over there. We will continue to have our courtesy sites in Ocean View Community Association, Pahoa Council Office, and our Waimea Council Office in Parker Square. Please, if anyone has any questions,you can call our County Clerk's office here: (808) 961-8255. Thank you guys again. ADJOURN- There being no further business, Chair Inaba adjourned the meeting at 12:20 p.m. MENT: Council Approval: OCT 0 7 2026 RK JH/dg Page 51