HomeMy WebLinkAboutMIN COUNCIL 2026-07-23 2024-2026 Hawaii County Council
451b Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
July 23, 2026
INVOCATION: Kahu Kealoha Ka`opua of Calvary Community Church in Kona gave the
morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:04 a.m., in the Council Chambers, Kailua-Kona, by Mr. Holeka Goro Inaba,
Chair.
ROLL CALL:
Present: Mr. Holeka Goro Inaba, Chair
Mr. Dennis "Fresh" Onishi, Vice Chair
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, County Clerk Jon Henricks led the Council in
the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (Note: At this time, Mr. Inaba presented the June 2026 Haweo Award to Detective
EXPRESSIONS OF John Kari of the Hawaii Police Department.)
CONDOLENCE:
Recess: At 9:16 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:20 a.m.
Hawaii County Council-45 July 23,2026
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:
Susan Dursin: Bill 165, Draft 2 (Comm. 915.5), in opposition.
Brenda Ford: Bill 165, Draft 2 (Comm. 915.5), in opposition.
Cory Harden: Bill 165, Draft 2 (Comm. 915.5), comment.
(see Comm. 915.9)
Amedeo Markoff: Bill 125 (Comm. 709); and
Bill 165, Draft 2 (Comm. 915.5), in support.
Dane Kealoha: Res. 595-26 (Comm. 945), in support.
(representing Hawaii Land Trust)
Timothy Rowan: Res. 607-26 (Comm. 966);
(representing Black Sands Beach Res. 608-26 (Comm. 967);
Property Owners Association Bill 125 (Comm. 709);
and Malama O Puna) Bill 126, Draft 3 (Comm. 710.6); and
Bill 165, Draft 2 (Comm. 915.5), in support.
Jessica Wilkes: Res. 607-26 (Comm. 966), in support.
(representing Black Sands Beach
Property Owners Association
and Malama O Puna)
Eileen O'Hara: Res. 607-26 (Comm. 966);
(representing Malama O Puna) Res. 608-26 (Comm. 967);
Bill 125 (Comm. 709);
Bill 126, Draft 3 (Comm. 710.6); and
Bill 165, Draft 2 (Comm. 915.5), in support.
Sammie Stanbro: Bill 165, Draft 2 (Comm. 915.5), comment.
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 May 5, 2026,
were approved.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
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Hawaii County Council-45 July 23,2026
GOEAC-144 NOMINATION OF SHAWNA KAULUKUKUI TO THE HAWAI`I COUNTY
(Comm. 946): CULTURAL RESOURCES COMMISSION
Vote on Ms. Kierkiewicz moved to adopt Governmental Operations
GOEAC-144: and External Affairs Committee Report No. 144. Seconded
(Adopted) by Mr. Hustace and carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
GOEAC-145 NOMINATION OF JONATHAN ZEICHNER TO THE HAMAKUA
(Comm. 947): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: August 1, 2026 (Section 13-4(k),
Hawai`i County Charter)
Vote on Ms. Kierkiewicz moved to adopt Governmental Operations
GOEAC-145: and External Affairs Committee Report No. 145. Seconded
(Adopted) by Ms. Kimball and carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Res. 594-26: AUTHORIZES THE MAYOR TO ENTER INTO A COOPERATIVE
SERVICE AGREEMENT WITH THE UNITED STATES DEPARTMENT
OF AGRICULTURE, ANIMAL AND PLANT HEALTH INSPECTION
SERVICE, WILDLIFE SERVICES, RELATING TO A WILDLIFE DAMAGE
MANAGEMENT PROGRAM FOR THE HILO SOLID WASTE AND
WASTEWATER TREATMENT FACILITIES
Reference: Comm. 944
Intr. by: Council Member Kagiwada(B/R)
Approve: GOEAC-146
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Hawaii County Council-45 July 23,2026
Vote on Res. 594-26: Ms. Kagiwada moved to adopt Res. 594-26 and
(Adopted) Governmental Operations and External Affairs Committee
Report No. 146. Seconded by Mr. Hustace and carried by
the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 595-26: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
AGRICULTURE, NATURAL RESOURCES CONSERVATION SERVICE,
FOR COST SHARING TO PURCHASE A CONSERVATION EASEMENT
FOR THE KEALOHA FAMILY LO`I IDENTIFIED AS TAX MAP
KEYS: 5-2-009:025 AND 5-2-009:026 THROUGH THE PUBLIC ACCESS,
OPEN SPACE, AND NATURAL RESOURCES PRESERVATION PROGRAM
Allows for the receipt of federally-derived matching funds for the acquisition of the
Kealoha Family Lo`i conservation easement authorized by Resolution 513-26.
Reference: Comm. 945
Intr. by: Council Member Kagiwada(B/R)
Approve: GOEAC-147
Vote on Res. 595-26: Ms. Kagiwada moved to adopt Res. 595-26 and
(Adopted) Governmental Operations and External Affairs Committee
Report No. 147. Seconded by Mr. Hustace and carried by
the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-45 July 23,2026
Res. 606-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY
DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE 4THELOVE
FESTIVAL
Transfers $5,500 from the Clerk-Council Services—Contingency Relief account
(Council District 5); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 965
Intr. by: Council Member Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 606-26.
Seconded by Ms. Kierkiewicz.
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: A brief mahalo to Ms. Trina Nahm-Mijo,
who is absolutely amazing, and for her age quite energetic. She puts on some
serious dance moves at these festivals she's throwing. So I just appreciate
Ms. Trina. Thank you.
CHR. INABA: Thank you. All those in favor of approving Resolution 606-26,
please say "aye."
Vote on Res. 606-26: The motion to adopt Res. 606-26 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. 607-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR THE
2ND ANNUAL SMOKE IT UP FESTIVAL
Transfers $5,000 from the Clerk-Council Services—Contingency Relief account
(Council District 4); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 966
Intr. by: Council Member Kierkiewicz
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Hawaii County Council-45 July 23,2026
(Note: Comm. 966.1, from Council Member Ashley L. Kierkiewicz dated
July 22, 2026, transmitting proposed amendments to Res. 607-26, was circulated.)
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 607-26. Seconded
by Mr. Kaneali`i-Kleinfelder.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. This particular festival grew out of a research
project around feral pig populations in Puna and ways in which we can take that
liability and turn it into an asset and increase food security and nourish our
communities. It's catalyzed a lot of work around grant-making and establishing a
community kitchen in Pahoa. And so this particular event raises awareness about
all the great work that's happening by Malama O Puna and community partners to
deal with those pesky backyard pigs.
We actually had to move the date of the festival, Chair. So at this time, I'd like to
amend this resolution with Communication 966.1.
Motion to Amend: Ms. Kierkiewicz moved to amend Res. 607-26 with the
contents of Comm. 966.1. Seconded by Mr. Onishi.
MS. KIERKIEWICZ: Thank you. This swaps out the exhibit. The event is no
longer taking place this Saturday; actually, being moved to Saturday,
November 14a'. Same venue in Pahoa. Looking for everyone's support on this.
Thank you.
CHR. INABA: Thank you. Any discussion on the amendment? Seeing none, all
those in favor of amending Resolution 607 with the contents of Communication
966.1,please say "aye."
Vote on Motion to The motion to amend Res. 607-26 with the contents of
Amend: Comm. 966.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-45 July 23,2026
Vote on Motion to Ms. Kierkiewicz moved to suspend Council Rule 23 to
Suspend Council waive the holdover for the substantive amendment of
Rules: Res. 607-26. Seconded by Mr. Onishi and carried by the
(Approved) following roll call vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Onishi,
Villegas, and Chair Inaba— 8.
Noes: Council Member Kimball— 1.
Absent: None.
Excused: None.
(Note: Ms. Villegas voted'kanalua" then "aye.")
Vote on Res. 607-26: The motion to adopt Res. 607-26, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Res. 608-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO KELI`IPIO-KUAMO`O
FOUNDATION, INC., FOR A KIPAEPAE CEREMONY HONORING THE
PRESERVATION OF HONOLULU LANDING
Transfers $2,500 from the Clerk-Council Services—Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 967
Intr. by: Council Member Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 608-26. Seconded
by Mr. Hustace.
MS. KIERKIEWICZ: Thank you, Chair. I'm so grateful to the Administration
for making it a priority to acquire Honolulu Landing. It was a property that's
been on the PONC (Public Access, Open Space, and Natural Resources
Preservation Commission) list for many years. The original resolution was
introduced by then Council Member Emily Naeole, and I was grateful to add a bit
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Hawaii County Council-45 July 23,2026
more urgency. When this property was listed for sale on the market, the
Administration worked very swiftly to acquire it. So we've been working with
lineal descendants of the area.
Lehua Kaulukukui reached out to talk about hosting a kipaepae ceremony in
October. So this funding will help support that community celebration. So I
appreciate the collaboration of community, Mayor Alameda and his team, and our
office for making this happen. Looking for everyone's support. Thank you. I
yield.
CHR. INABA: Thank you. All those in favor of approving Resolution 608-26,
please say "aye."
Vote on Res. 608-26: The motion to adopt Res. 608-26 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):
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Hawaii County Council-45 July 23,2026
Bill 168: REPEALS ORDINANCE NOS. 19-38, 09-50, 09-49, 06-138, 06-137, 95-118,
92-36, 90-10, 86-49, 533 (1980), AND 594 (1973) AND AMENDS CHAPTER 25,
ARTICLE 8, SECTION 25-8-3 (NORTH KONA ZONING MAP) AND SECTION
25-8-5 (KAILUA URBAN ZONING MAP), OF THE HAWAI`I COUNTY CODE
1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM VILLAGE COMMERCIAL—7,500 SQUARE FEET
(CV-7.5) AND MULTIPLE-FAMILY RESIDENTIAL—2,500 SQUARE FEET
(RM-2.5) TO DOUBLE-FAMILY RESIDENTIAL—3,750 SQUARE FEET
(RD-3.75) AND AGRICULTURAL—FIVE ACRES (A-5A) AT HIENALOLI
4TH, 5TH, AND 6TH, NORTH KONA, HAWAI`I, COVERED BY TAX MAP
KEY: 7-5-010:013 (Planning Director Initiated) (Area: 6.467 acres)
The Leeward Planning Commission forwards its favorable recommendation to
revert the current zoning of 3.331 acres from Village Commercial to Double-
Family Residential and 3.227 acres from Multiple-Family Residential to Unplanned
zoning district. This property is located on the north side of Hualalai Road,
approximately 1,000 feet east of its intersection with Kuakini Highway, Hienaloli
4t' and 5a', North Kona.
Reference: Comm. 937
Intr. by: Council Member Kimball (B/R)
Approve: LAAC-43
and
Comm. 937.2: From Council Member Heather L. Kimball, dated July 7, 2026, transmitting
proposed amendments to Bill 168.
(Note: Comm. 937.4, from Council Member Holeka Goro Inaba dated July 20,
2026, transmitting proposed amendments to Bill 168, was circulated.)
Motion to Approve: Ms. Kimball moved to pass Bill 168 on first reading and
adopt Legislative Approvals and Acquisitions Committee
Report No. 43. Seconded by Ms. Galimba.
Motion to Amend: Ms. Villegas moved to amend Bill 168 with the contents of
Comm. 937.4. Seconded by Ms. Kierkiewicz.
CHR. INABA: Council Member Villegas.
MS. VILLEGAS: Thank you, Chair Inaba, for taking the initiative to put this
amendment in, which would requireI mean, this is an interesting circumstance
in that we're downzoning. But we don't want to lose the opportunity for
affordable housing and the requirements that come along with that. I don't know
if you'd call it a downzoning, but usually things go back to ag (agriculture). And
instead, it's going back to different zoning. So I'm in full support of there being
the requirement of affordable housing to be taken into consideration with this. I
yield.
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Hawaii County Council-45 July 23,2026
CHR. INABA: Thank you. Vice Chair Onishi.
MR. ONISHI: Thank you, Chair. Can I get Planning Department and
Corporation Counsel to the table? Was Jean Campbell in Hilo?
CHR. INABA: She is on—should be on Zoom.
MR. ONISHI: Oh (inaudible). So Jean Campbell is not here, then? Oh, she is?
Oh, there she is. Okay. She's in Hilo. So I just want to get some clarification
about how—because we're going back to the original zoning, right, and are we
able to put in conditions?
(Note: At this time, Planning Director Jeffrey Darrow came forward to
address the members of the Council.)
MR. DARROW: Aloha, Chair. Aloha, Vice Chair, members of the Hawaii
County Council. Jeff Darrow with the Planning Department. At our last meeting,
we delved a little bit into this discussion. As mentioned, I personally, in working
with the Planning Department, have never seen the Council add a condition to a
reversion or replication or repeal of a zoning ordinance. And it becomes more of
a legal question whether or not you can do that. I don't know if we're looking at
takings or what it would be. That would again be a legal question.
When I look at Chapter 11, the language there, the proposed condition says, "meet
the requirements of Chapter 11." Chapter 11 says that affordable housing
requirements are required for all new rezonings that add additional units. This
one is a repeal of all the ordinances that changed the zoning, and it's repealing it
back to its original. Granted, the original zoning is RD (Double-Family
Residential), which does allow for a particular amount of residential units, and
AG-5 (Agricultural 5 acres) for half of it. Again, I think it would be good to hear
from Corporation Counsel in regards to the legality of the question. Thank you.
MR. ONISHI: Ms. Campbell, can you on the legal part of this issue?
(Note: At this time, Deputy Corporation Counsel Jean Campbell came
forward to address the members of the Council.)
MS. CAMPBELL: Good morning, everybody. Jean Campbell, Deputy
Corporation Counsel. Apologies that I am unable to be there in Kona with you.
So I'm in my office because the Hilo Council chambers is closed this morning.
As you know, the State grants the zoning powers to the counties. And that grant,
under Chapter 46 of the Hawaii Revised Statutes, is very broad. So the State
authority to the counties does not prohibit the conditioning of a reversion like this.
However, any time the government generally is imposing conditions on
approvals, we, as the government, need to be able to identify the impacts that our
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Hawaii County Council-45 July 23,2026
approval is having. And then all conditions, in order to be constitutional,
according to the United States Supreme Court, conditions must be rationally
related to the impact that's happening. So we have to be able to say, "This is
what's going on here, and we are going to mitigate that impact by this condition."
And they also need to be (inaudible)proportional.
And so, I believe when I had spoken to you about this in the past, the examples
that I had given you are again very simplified. But if a property is being changed
from, for example, agricultural to commercial properties, it wouldn't be
appropriate for us to condition that approval by asking for a school because a
commercial property doesn't create students.
And again on the proportionality side, a very simplified example: If we were
granting additional residential density, that does potentially generate students. So
school-related conditions could be rationally related. If we are creating ten lots,
we can't ask for an entire school because 10-20, perhaps, new students don't
generate the need for an entire school. If we were, I don't know what the number
is, but you know, say we're granting an approval for a thousand-lot residential
increase in density, then maybe asking for a whole school would be proportional.
So, in order to identify a condition that would be appropriate for a reversion like
this, the Council would need to identify the impact that this reversion has and then
make sure that any condition you attach is rationally related to that impact and is
also proportional. And I would agree with everything that Director Darrow has
said. And a note that he is correct that, to our knowledge, there are no other
properties in the County of Hawaii with their original zoning with any kind of
conditions attached.
MR. ONISHI: Can you mention or can you explain a little bit about Chapter 11?
MS. CAMPBELL: Again, I'm not an expert on Chapter 11. So I consulted with
the Deputy Corporation Counsel in our office who works with Housing. We both
took a look at it and came to the same conclusion that Director Darrow did, that a
reversion such as this would not trigger any Chapter 11 requirements because it's
not a new rezoning.
MR. ONISHI: Okay, thank you. On Corporation Counsel's recommendation to
the body, should we not approve this amendment?
MS. CAMPBELL: If that's a question to me, I think that is the sort of answer that
I would prefer to give you in Executive Session rather than open session. And I'll
also defer to Renee
MR. ONISHI: Ms. Schoen?
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Hawaii County Council-45 July 23,2026
MS. CAMPBELL: Our actual Corporation Counsel who I assume is in Kona with
you.
MR. ONISHI: Would you come up?
(Note: At this time, Corporation Counsel Renee Schoen came forward to
address the members of the Council.)
MS. SCHOEN: Good morning. Renee Schoen, Corporation Counsel. To the
extent that you or anybody else on the body has further questions, I would ask that
it not be in open session.
MR. ONISHI: Okay. Mr. Chair, I can wait until other discussion. If not, can I
make a motion to go into Executive Session?
CHR. INABA: We'll hear from Council Member Kimball.
MS. KIMBALL: I would actually just like to hear from the applicant on their
position with respect to this amendment.
CHR. INABA: Thank you. If the applicant and your representative would like to
come forward?
(Note: At this time, Ronald Kim, applicant's representative, and Land Use
Planning Consultant Daryn Arai came forward to address the members of
the Council.)
MR. KIM: Good morning, Council Members. My name is Ronald Kim. I'm
helping to represent the applicant, the Xie family. And with me is Daryn Arai.
The representative from the Xie family is in the audience as well, Mr. Andy Xie.
So the applicant actually would object to the proposed amendment. I think there
are a number of legal issues that are raised. I think Ms. Campbell did a great job
explaining. There is a takings issue. There's also an issue of unequal treatment.
But I think the most important issue, the one that's easiest to really wrap your
heads around is the applicability of Chapter 11. Looking at Hawaii County Code
Section 114(a)(1), the affordable housing requirements will apply to new
rezonings that would result in increased residential use.
In this case, it's very clear, to me at least, that there's not going to be an increase
in residential use with the proposed action. It would actually result in a decrease
of residential use. There's going to be I think 62 less units, by the Planning
Department's calculation, that the developer could potentially build on the
property due to the reversion of zone. We also don't believe that it's a new
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rezoning as well because it is a reversion where you're taking away. You're
repealing prior zoning ordinances and just going back to the original zoning. So
that was the main point we'd like to raise.
CHR. INABA: Council Member Kimball, you still have the floor unless you
yield.
MS. KIMBALL: Thank you. I appreciate the amendment and the intention
behind it, but I have concerns about the appropriateness, kind of in line with what
Corporation Counsel Campbell mentioned. So I will not be supporting the
amendment. Thank you.
CHR. INABA: Council Member Galimba.
MS. GALIMBA: Thank you. Similarly, I understand the intention and always
wanting to look out for affordable housing, but I think it's both legally and
practically inappropriate for this particular case. But happy to go into Executive
Session if folks want to discuss this. Thanks.
CHR. INABA: Council Member Villegas.
MS. VILLEGAS: I want to thank Corporation Counsel for sharing your legal
opinion. It seems there are more complications related to this than we really need
or perhaps should take up at this time. So I'd like to withdraw Communication
937.4.
Withdraw Motion Ms. Villegas withdrew her motion to amend Bill 168 with
to Amend: the contents of Comm. 937.4.
CHR. INABA: Any further discussion on Bill 168? Council Member Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I was just checking. (Inaudible)the
document there is mention of a royal patent on this property. Mr. Arai?
MR. ARAI: Daryn Arai, assisting the applicant. I am not aware of a royal patent
as it applies to this property. Where are you finding that information?
MR. KANEALI`I-KLEINFELDER: Both in Exhibit A and Exhibit B. I'm sorry,
Exhibit B and Exhibit D, as in "delta."
CHR. INABA: Council Member, which communication is this in?
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Hawaii County Council-45 July 23,2026
MR. KANEALI`I-KLEINFELDER: This is on Bill 168, and it's at the bottom of
Bill 168. So my question for the applicant is if a clear title has been provided or a
quiet title action (inaudible) covered in previous years or for this applicant
specifically.
MR. KIM: We'd like to check with our client quickly just to confirm that he had
clear title when he purchased the property, because we were not with him at that
stage.
MR. KANEALI`I-KLEINFELDER: Thank you.
CHR. INABA: Let's table this.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to table Bill 168.
Table: Seconded by Ms. Villegas and 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.
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):
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
First Reading: July 8, 2026
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 125 on second and
final reading. Seconded by Mr. Onishi.
CHR. INABA: Council Member Kierkiewicz.
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Hawaii County Council-45 July 23,2026
MS. KIERKIEWICZ: Thank you. It's surreal to think that we've finally arrived
at this moment after many years of community engagement. The Pahoa Village
Design Guidelines were adopted by the Council in 2013. And the idea was to
preserve the village's small town plantation-era character and guide future
investments in development and renovations. Projects like the Puna Kai
Shopping Center demonstrate that thoughtful development and community
character and identity can coexist.
This bill is largely a housekeeping measure. It clarifies how the design review
committee will be convened and the roll that the Puna CDP (Community
Development Plan) Action Committee will play in identifying those individuals.
It also provides clear guidelines for any applicant that is navigating the review
process for building renovations as well as new development so that, again, the
results of the design reflects Pahoa's identity, sense of place, small town charm,
and creates a very cohesive and welcoming atmosphere.
I just want to thank everybody that has contributed to this effort over the years
and respectfully ask my colleagues for their continued support. Thank you.
CHR. INABA: All those in favor of approving Bill 125 at second and final
reading, please say "aye."
Vote on Bill 125: The motion to pass Bill 125 on second and final reading
(Adopted) was 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.
Bill 126: AMENDS CHAPTER 25, ARTICLES 1, 3, 5, AND 7, OF THE HAWAI`I
(Draft 3) 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. 710.6
Intr. by: Council Member Kierkiewicz
First Reading: July 8, 2026
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 126, Draft 3, on
second and final reading. Seconded by Mr. Onishi.
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Hawaii County Council-45 July 23,2026
MS. KIERKIEWICZ: Thank you, Chair. Another bill many years in the malting.
This particular effort was initiated because the community initially wanted to do a
master plan for Pahoa. But a series of events like volcanic eruptions and the
COVID (coronavirus disease)pandemic made it very clear that this traditional
master plan may not be what the universe has in mind for our community.
With more than 330 property owners in the Pahoa Town Village, achieving
consensus around a singular vision and figuring out how we would pay for it
proved to be very difficult. And so we asked ourselves, as a planning hui, a very
different question: What sort of legislative tools do we have access to so that we
can actually empower property owners and community to shape Pahoa's future?
And this is what this particular bill accomplishes.
The Downtown Pahoa Commercial Special District is intended to help realize the
vision that the community established through the Puna CDP, the Kilauea
Recovery and Resilience Plan, all the fricking plans that exist to showcase
Pahoa's role as a thriving regional town center. It expands opportunities for
economic activity by allowing for a broader range of compatible uses including
light industrial and cultural enterprises, while remaining consistent with the area's
State Land Use designations.
I think it's really important to emphasize that this designation does not impose
new taxes or fees or costs on property owners. It provides flexibility for those
who choose to invest in their properties and in Downtown Pahoa. I also want to
note that this process is entirely voluntary. So, if it doesn't work for you, you can
ignore it and just continue to maintain your current zoning. But if this is
something that you would like for yourself and your property,please reach out to
the Planning Department so they can help facilitate that process.
Again, this legislation reflects many years of hard work and collaboration, and is
in direct response to what the community has asked for for many years: Give us
the opportunity to direct our own futures in a way that ensures Pahoa's character
is preserved.
I want to thank the Planning Department, Corporation Counsel, my team, LRB
(Legislative Research Branch), and just the massive community hui for the many
years of engagement and support to finally get to this point over the finish line.
Thank you, Chair.
CHR. INABA: Thank you. All those in favor of approving Bill 126, Draft 3, at
second and final reading,please say "aye."
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Hawaii County Council-45 July 23,2026
Vote on Bill 126: The motion to pass Bill 126, 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, and Chair Inaba— 8.
Noes: None.
Absent: Council Member Villegas— 1.
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
First Reading: July 8, 2026
Motion to Approve: Mr. Hustace moved to pass Bill 163, Draft 2, on second
and final reading. Seconded by Mr. Onishi.
CHR. INABA: Council Member Hustace.
MR. HUSTACE: Thank you, Chair. I first want to thank my District 9 team, my
colleagues here on the dais, Real Property Tax DivisionI know they're not here
with us today, the administrators—the Office of Hawaiian Affairs, and everyone
who took the time to provide testimony and participate in the legislative process
regarding this measure.
The amendments that we adopted in Committee improve transparency, strengthen
the administration of the program, and ensure the legislation remains practical and
accountable in preserving its original purpose. At its heart, Bill 163 is about
helping preserve generational family lands, the goal being that the future
generations have the same opportunity to care for these lands as the generations
who came before them.
Across Hawaii Island, there are families who continue to steward lands that have
been passed down through generations. These properties are more than parcels on
a tax map. They represent family history, genealogy, culture, identity, and a
lasting connection to place. No single policy can address every challenge facing
generational family lands and affordability, but property taxes are one area where
we can make a meaningful difference.
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Hawaii County Council-45 July 23,2026
The goal of this bill is to not simply reduce someone's property tax bill. It also
helps to qualify families keep generational lands in their family for the next
generation. It's been an honor to work on this proposal and bring it before you,
and I appreciate everyone who has helped to strengthen it along the way. I
believe that Bill 163 represents a thoughtful balance and meaningful step forward.
I respectfully ask for your support on this measure. Thank you, Chair.
CHR. INABA: Thank you. Any further discussion? Seeing none, thank you,
Council Member Hustace, for bringing this forward. All those in favor of
approving Bill 163, Draft 2, at second and final reading, please say "aye."
Vote on Bill 163: The motion to pass Bill 163, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, and Chair Inaba— 8.
Noes: None.
Absent: Council Member Villegas— 1.
Excused: None.
Bill 164: AMENDS CHAPTER 2, ARTICLE 13, DIVISION 2, SECTION 2-69, OF THE
(Draft 2) HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING
TO THE HOUSING ADMINISTRATOR
Requires Council confirmation for the Housing Administrator.
Reference: Comm. 914.3
Intr. by: Council Member Onishi
First Reading: July 8, 2026
(Note: Comm. 914.4, from Council Member Dennis "Fresh" Onishi dated
July 17, 2026, transmitting proposed amendments to Bill 164, Draft 2, was
circulated.)
Motion to Approve: Mr. Onishi moved to pass Bill 164, Draft 2, on second and
final reading. Seconded by Mr. Hustace.
Motion to Amend: Mr. Onishi moved to amend Bill 164, Draft 2, with the
contents of Comm. 914.4. Seconded by Mr. Hustace.
CHR. INABA: Vice Chair Onishi.
MR. ONISHI: Thank you, Chair. This is just adding in, which we didn't have,
the Mayor shall appoint the administrator within 30 days of taking office or
within 60 days of being vacant. So I'm asking for your guys' support.
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Hawaii County Council-45 July 23,2026
CHR. INABA: Thank you, Vice Chair Onishi. All those in favor of amending
Bill 164, Draft 2, with the contents of Communication 914.4, please say "aye."
Vote on Motion to The motion to amend Bill 164, Draft 2, with the contents of
Amend: Comm. 914.4 was carried by the following voice vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Vote on Motion to Mr. Onishi moved to suspend Council Rule 23 to waive the
Suspend Council holdover for the substantive amendment of Bill 164,
Rules: Draft 2. Seconded by Ms. Villegas and carried by the
(Approved) 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.
Vote on Bill 164: The motion to pass Bill 164, Draft 2, as amended to
Draft 3 Draft 3, on second and final reading 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.
Vote on Motion to Ms. Kierkiewicz moved to remove Bill 168 from the table.
Remove from Table: Seconded by Mr. Onishi and carried by the following voice
(Approved) vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-45 July 23,2026
CHR. INABA: Mr. Arai and Mr. Kim, if you'd like to provide some answers to
Council Member Kaneali`i-Kleinfelder. Council Member Kaneali`i-Kleinfelder,
you have the floor.
MR. KANEALI`I-KLEINFELDER: Thank you.
MR. KIM: Thank you, Council Member Kaneali`i-Kleinfelder, for the question.
It was a good question. We did check and confirm with our client, and there was
clear title to the property when the family purchased the property. They did
obtain a title report and title insurance from Title Guaranty warranting clear title.
MR. KANEALI`I-KLEINFELDER: Okay. And then a metes and bounds survey
for both properties?
MR. KIM: Yes, we do have that too.
MR. KANEALI`I-KLEINFELDER: Okay, thank you. Thank you very much.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: Yes, wanted to just do a temperature check. There is an
amendment to remove the section that would be available for conditions, which I
would like to put forward now, unless anybody on the body would like to retain
the opportunity to add conditions at our next discussion. I do not see any. So
with that, a motion to amend Bill 168 with the contents of Communication 937.2.
Motion to Amend: Ms. Kimball moved to amend Bill 168 with the contents of
Comm. 937.2. Seconded by Ms. Galimba.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: It is just housekeeping. Since there will be no conditions added
to this zoning ordinance, we will not need that section in the bill. Thank you.
CHR. INABA: Thank you. All those in favor of amending Bill 168 with the
contents of Communication 937.2,please say "aye."
Vote on Motion to The motion to amend Bill 168 with the contents of
Amend: Comm. 937.2 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.
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Hawaii County Council-45 July 23,2026
Vote on Bill 168: The motion to pass Bill 168, as amended to Draft 2, on first
Draft 2 reading and adopt Legislative Approvals and Acquisitions
(Approved) Committee Report No. 43 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
(DRAFT 2) the Chair:
(COMM. 915.5):
Deborah Ward: In opposition.
Susie Osborne: In support.
Debbie Hecht: In opposition.
(see Comm. 915.9)
Bill 165: INITIATES AN AMENDMENT TO ARTICLE X OF THE CHARTER OF THE
(Draft 2) COUNTY OF HAWAI`I (2024 EDITION), RELATING TO PUBLIC ACCESS,
OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
Removes the $3 million accrual limit for the Public Access, Open Space, and
Natural Resources Preservation maintenance 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. 915.5
Intr. by: Council Member Kierkiewicz
First Reading: June 17, 2026
Second Reading: July 8, 2026
2/3 Vote: Third of three required readings,
Section 15-1(a), Hawaii County Charter
(Note: The following proposed amendments to Bill 165, Draft 2, were circulated:
1) Comm. 915.7, from Council Member Holeka Goro Inaba dated July 21, 2026,
and 2) Comm. 915.8, from Council Member Heather L. Kimball dated July 23,
2026.)
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Hawaii County Council-45 July 23,2026
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 165, Draft 2, on third
and final reading. Seconded by Mr. Onishi.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I appreciate the robust discussion with
community and my colleagues and the opportunity to take this to third and final
reading. Bill 165 is a targeted amendment to our Charter to improve how the
County supports long-term stewardship of lands acquired through the PONC
Preservation Fund and lands that have been nominated and acquired through
conservation easement.
This proposal is the product of months of discussion that began in March at the
summit that included nonprofit stewards, current and former PONC
commissioners, the Department of Finance, and PONC staff and community
members who had been involved with PONC since its inception. The message
coming out of the summit was very clear. There needs to be meaningful updates
to the maintenance fund so that it can better support the organizations that have
been entrusted to care for these important places.
As introduced, the bill proposed to increase the annual transfer to half a percent,
remove the $3 million cap on the fund, and move the list of eligible stewardship
activities and procedures for administering the fund into the County code. This
was something that came right out of the summit that was agreed upon
unanimously by summit attendees. Through this legislative process, the Council
has further amended the measure to actually retain the annual transfer at a quarter
percent while removing the $3 million cap.
I really appreciate everyone's thoughtful discussion and willingness to find
common ground on this particular area. I think it strikes the right balance. It is
prudent. We are maintaining the current funding percentage while allowing
unspent funds to accumulate over time. It also provides flexibility. Every single
Council Member and the Administration can, through the budget process, increase
that amount. The baseline is a quarter percent. All of these funds, as the deputy
for Finance has confirmed in previous meetings, monies that were put into the
maintenance fund have not been fully expended on an annual basis. So it's really
hard to justify increasing the amount. Again however, a quarter percent is the
baseline, and future councils and the administration have the ability to add more
through the budgeting process.
(Bill) 165 is one piece of a broader effort. There is a companion code amendment
that has been developed and circulated by community. I really appreciate the
comments on that piece that had been provided by the Friends of Amy Greenwell,
Debbie Ward, Beth Robinson, Jodie Rosam. Folks are hungry to see these
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Hawaii County Council-45 July 23,2026
provisions in our County code so that if it needs to be updated over time, we have
the ability to do so as a Council, which is still a very public and transparent
process.
There were many gaps that were also identified during the summit that this code
piece would address. And if we are able to move forward with getting this
particular question on the ballot, we as a Council can work over the next few
months to really refine this important companion measure. It also would not take
effect unless the Chater amendment passes.
I understand that there are a couple of amendments from my colleague that would
work to provide additional clarity to the community and strengthen the overall
work product. I appreciate and look forward to having that discussion. Thank
you, Chair.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 165, Draft 2, with
the contents of Comm. 915.7. Seconded by Mr. Onishi.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I would like to have Deputy Finance Director
come forward.
(Note: At this time, Deputy Finance Director Malia Kekai came forward
to address the members of the Council.)
MS. KIERKIEWICZ: Just by the nature of our budgeting process and tax
collections, there was an implicit understanding on the Administration's side that
deposits into the maintenance fund would be made on an annual basis. That was
not explicitly clear to the community. So this particular communication notes
that, at least annually, deposits would be made. I just want to confirm that you've
seen this language, Director, and fully understand the assignment.
MS. KEKAI: Malia Kekai, Deputy Finance Director. Yes. I can confirm we've
seen the language and we agree with it.
CHR. INABA: Any discussion on the amendment? Council Member Kaneali`i-
Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I appreciate the amendment mainly because
when we start leaving things out like this and we leave question marks, then it
becomes a problem. The bill needs to be specific in addressing both community
concerns and the intention of this section of our Charter. Thank you.
CHR. INABA: Thank you. All those in favor of amending Bill 165, Draft 2, with
the contents of Communication 915.7, please say "aye."
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Hawaii County Council-45 July 23,2026
Vote on Motion to The motion to amend Bill 165, Draft 2, with the contents of
Amend: Comm. 915.7 was carried by the following voice vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
CHR. INABA: If we're going to just jump right into the next amendment, I think
that's fine.
MR. HENRICKS: Council's past practice says that if there are additional
amendments to immediately follow, that is acceptable. Anything other than
deliberating on the main motion that would lead to a final vote, that would require
a suspension of the rules.
Motion to Amend: Ms. Kimball moved to amend Bill 165, Draft 2, with the
contents of Comm. 915.8. Seconded by Ms. Villegas.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: This has two minor amendments. The first, the request that we
were provided with for proposed amendments, I did kind of research the standard
legal language. This wording"itemized accounting of receipts and
disbursements" is sort of a term of art with respect to financial accounting that
would cover all of the items that were in the requested amendment. So that's just
trying to keep it simple there. And then just the addition of Item (g), which would
include the public notice of the annual opportunity for maintenance funds.
CHR. INABA: Any discussion? Council Member Kierkiewicz.
MS. KIERKIEWICZ: I just want to voice my support for these. I see them as
friendly amendments, again to strengthen the overall work product. I think with
the Finance Department's new accounting system and grants management system,
it will be so much easier to track nonprofit expenditures and sort of list those
itemized receipts and disbursements on the website. And I do appreciate the
provision about the public notice with the minutia of it moving into the code so
that there's explicit direction by the Finance Department, and clarity in
community around when the applications are available, the timing of submitting
them, and when awards are going to be made. In full support. Thank you.
CHR. INABA: Council Member Kagiwada.
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Hawaii County Council-45 July 23,2026
MS. KAGIWADA: Thank you. Also in full support. I'm really thankful that
Council Member Kimball introduced this, because I think—although I don't think
it changes things overall as Council Member Kierkiewicz mentioned—it's really a
friendly amendment and maybe just defining some things a little bit better. But it
does show that I think there's a clear desire here to make sure that the public is
always informed and kept up to date on what's going on with this fund. And
especially because we know so many people worked so hard for so long on this
fund, it's really important to see this put in here. So, happy to support this
amendment.
CHR. INABA: Council Member Villegas.
MS. VILLEGAS: I also want to express my gratitude for the initiative taken and
apologize. My legislative aide is out. So these amendments were something I
was kind of crippled to work on the last few days. So I think both of you, as I
read through the testifiers and some of the original activators and mana wahine
putting this together, I remember being a part of this back in my twenties. While
not perfect and while the terminology does not exactly reflect what is
recommended by some of our testifiers, I do see the intentionality. I really
appreciate the term "shall"being specifically listed here. And I'm in full support
of this amendment. So I yield.
CHR. INABA: All those in favor of approving the amendment in
Communication 915.8,please say "aye."
Vote on Motion to The motion to amend Bill 165, Draft 2, with the contents of
Amend: Comm. 915.8 was carried by the following voice vote:
(Approved)
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Vote on Motion to Ms. Kierkiewicz moved to suspend Council Rule 23 to
Suspend Council waive the holdover for the substantive amendment of
Rules: Bill 165, Draft 2. Seconded by Ms. Kagiwada and carried
(Approved) 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.
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Hawaii County Council-45 July 23,2026
CHR. INABA: Any further discussion on this bill? Council Member Villegas.
MS. VILLEGAS: I just want to take a moment to personally and professionally
share my respect and admiration for the women who have been the advocates and
champions of this program and project all along. Also, to express my inner
turmoil for navigating this piece of legislation and the intentionality behind it,
while also honoring your fears and concerns and duly worthy lack of trust. And
that's what I really recognize as being the bottom line in all of this and why you
strategically put this in the Charter. And your vigilance to protect this fund and
the purpose of the maintenance fund in perpetuity.
It just sucks to have to be in this seat at this time, but I hope you can understand.
I'd like to think some things have changed. And I do hope that in the interest—
and this was all put in the Charter for the purpose of keeping it safe from being
raided, and from administrations that did not value and would rather be able to
allocate funds like this to their own budgeting leisure and decisions.
I think from a procedural standpoint and from the meetings that have been held
with community and those doing the work as maintenance, that that's where this
presented itself to be moved and articulated more specifically in the code. So I
just want toI hope I'm making the best decision here today, and all of us will
continue to hope so.
And I will also publicly say to any administration,nobody's going away here.
While it seems like this legislation is likely to pass today and then go onto the
ballot, we'll be here to hold accountable and to protect these resources, and to
ensure that the appropriate authentically pono distribution of these funds are never
gutted, are never taken away from their intended purpose. And one of the
interesting dances we get to do in this job is you can never please everyone. So
with that, I yield.
CHR. INABA: Council Member Galimba.
MS. GALIMBA: Thank you. I want to thank the author for this—some of the
changes are very much appropriate—and also to the amenders who made this a
better bill and all the discussion we've had. However, I think—we've been sort
of under a time gun through this process. So I'm not going to be supporting it
today because of that and the main—not giving the community a long enough
time to metabolize this, and will also be causing some grief for the staff. So those
are my reasons for not supporting it today.
CHR. INABA: Council Member Kimball.
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Hawaii County Council-45 July 23,2026
MS. KIMBALL: Thank you. I actually wanted to start, if I may, with a question
to the Clerk in terms of drafting. Would it be possible, through our drafting
procedures, in the future to have a bill that contained both a Charter amendment
and a code amendment as long as the subject matter was the same?
MR. HENRICKS: No.
MS. KIMBALL: Why?
MR. HENRICKS: Because. Because I said so.
MS. KIMBALL: Okay, well
MR. HENRICKS: Well, I mean,just the practicality of it is that a Charter
amendment requires three readings; a code amendment requires two. A Charter
amendment requires six votes to pass each reading; code amendment requires
five. Charter amendment then also has other procedural requirements that a code
requirement doesn't. So I think, though they're both obviously policy documents,
their pathways for passage and adoption and the implications are different;
therefore, they must be done separately.
And also I would presume, too, that when crafting policy, if something is deemed
to be appropriate per the Charter, then it singularly is. And that should be—there
is a singular vehicle for that, and that would be the bill to do so. Otherwise, if it's
something that should just be an ordinance that goes into the code, that does not
require the approval of our citizen voters. It takes its own path as well.
MS. KIMBALL: Okay, we're going to have a deeper discussion about this.
MR. HENRICKS: I mean, I can just imagine the scenario where if, let's say, you
did create a bill that says it's amending this part of the Charter, or adding to it,
and amending this part of the code and there's five votes. What does that mean?
Does that mean the bill fails?
MS. KIMBALL: I would presume so because of the requirement.
MR. HENRICKS: Those are legal questions that I think would be probably just
better to be avoided, quite frankly.
MS. KIMBALL: Yeah, well, sometimes it's better to
MR. HENRICKS: But I appreciate your creative thought. I've never even
thought of that before. So novel. Very novel.
MS. KIMBALL: Well, that has been and I've expressed this before, my primary
concern was that there's two things that needs to happen with this. There needs to
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Hawaii County Council-45 July 23,2026
be the Charter amendment in order for the code amendment to happen. In order
to feel comfortable about the Charter amendment, there has to be that code. And
while I understand the complications of that procedurally, I think there has got to
be a way where both are happening at the same time.
I agree with the intention and the purpose of what you're trying to put forward to
the maker, and obviously, you spent a little time over the last intervening period
to try to make some amendments to make this palatable. But what I actually came
back to, as I was thinking about it earlier this week, is that I don't have
constituents that are clamoring for this right now. In fact, I have a lot of
constituents that would prefer that we wait and address these things in a more
holistic way.
If there was a tremendous sense of urgency that this had to happen this year and
had to be on this ballot, I think I could be supportive. But I'm not getting that
sense of urgency from my constituents. Rather, I'm getting a sense of this is so
significant and important, let's take our time and do it right. And so I won't be
supporting this either today.
But, Council Member Kierkiewicz, what I can commit to you is that should this
not pass either today or on the ballot, I will continue this work if I'm on this dais
the next go round and ensure that something comes forward to address the very
real problems that I think you are trying to do with this amendment. I do support
that. I just take issue with the fact that we've not been able to solidify at this time
the code amendment. Thank you.
CHR. INABA: Thank you. Deputy Director Kekai?
MS. KEKAI: Sorry. Malia Kekai. I just needed a little bit of clarification on the
language. The itemized—sorry, you guys went so fast on the amendment, I
missed the opportunity at that point. But the"itemized accounting of receipts and
disbursements," currently we do have a financial statement posted under
financials on our website. I'm wondering, is it the intent that this would also
include kind of like the grant report inside of this? Or would this just be the
general, like, this is how much money we give out for this grant, and then it
shows kind of like debits and credits? And then in the grant system, it will have
the report with the receipts and the accounting of what was spent in that grant. Is
that your understanding, that it would be ?
CHR. INABA: Are we in Section 10-16(d), as in"dog"?
MS. KEKAI: Yes, (Subsection) 3, the new language that they just added with the
amendment, "including an itemized accounting of receipts and disbursements."
CHR. INABA: Council Member Kierkiewicz.
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Hawaii County Council-45 July 23,2026
MS. KIMBALL: That was my amendment.
CHR. INABA: Council Member Kimball.
MS. KIMBALL: So the intention of that was to have the financial reporting that
came out of the Finance Department show all sources of revenue. So the income
coming from the tax revenue and potentially any other sources. And then the
disbursements, including the payees, and the purpose of those payees be more
detailed. Itemized disbursements with regard to each individual stewardship
grant, like "This amount was for weedwhacker gas, and this was for whatever."
That would be under the contract, and that would not be part of this financial
report. That was the intention.
MS. KEKAI: Okay, perfect. Thank you so much. I appreciate your time.
CHR. INABA: Thank you, Deputy Director. Any further discussion? Council
Member Hustace.
MR. HUSTACE: Thank you, Chair. I appreciate the conversation about the
PONC maintenance side of things. And I am hearing from community members
about the flexibility and the need for flexibility in the management side of
everything for the parcels they are trying to manage and care for and steward. So
I appreciate that opportunity and forthcoming discussion about that. I think that's
worthwhile in terms of some of the flexibility. The management plans for the
properties I think is crucial. It's kind of lacking at the moment. So something
definitely to consider.
And I'm hearing from constituents that they are supportive of this. Removing that
$3 million cap is critical to the opportunity and future use of those spaces. A lot
of discussion has revolved around what community is looking for as well, and I
appreciate the outreach into community. It will be a worthwhile discussion going
forward. So thank you for the conversation.
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Ms. Kekai, I have a
question about the fund itself. So Section 10-16(a) establishes what is now
known as a special fund versus what it was before, which was the maintenance
fund. Runs through what shall be deposited. Section (b), the purpose of the fund
is to blah, blah, blah. For you, the difference between what exists now as the
maintenance fund—and that's removed, which is interesting—that the
"hereinafter known as maintenance fund"is removed. But the rest of the
language in the proposed Charter amendment discusses what we're calling the
maintenance fund, but it's established as a special fund. What is the difference
between a special fund and what it is now?
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Hawaii County Council-45 July 23,2026
MS. KEKAI: Thank you. I think the special fund is just a categorization, like we
have highway fund, we have the acquisition fund, we have now the maintenance
fund as well from previously. I think that's really just it. It's not a normal—like
the general fund. I mean, I would defer to the maker if she has a different
interpretation, but that's what I was thinking, which is a category.
MR. KANEALI`I-KLEINFELDER: No, I think this is more specific, so I was
asking you. In State and County, we have different types of funds. Different
types of funds can have different purposes or very specific purposes.
So, if I was to dive into this deeper, the special fund will get deposits. And then
listing the purpose. And then we go a little bit deeper into that thought process
then: "All expenses. . . . awards, and other uses of the . . . fund"—the
maintenance fund however, not a special fund but the maintenance fund "must
align with the purpose of the fund"—this is where I think we need to be careful.
This is where I think we're straying away from. I think the conversation is really
revolving around this piece: "as may be further described, specified or allowed
by ordinance."
So, while we're clarifying what the purpose of the special fund is and the Charter
section itself, this section as well as a few other places basically refers to this
ability to define "by ordinance." But without the ordinance existing, but by
creating that puka where we can come in and amend allowable uses of the special
fund—and I'm getting really distinct now about what we are considering a special
fund, what its allowed purposes or uses are, and how it's moved within the
County budget—really becomes an interesting talking point, in my opinion. So,
in that sense, can you help me understand what a special fund is, how it's
different from what it is right now, and whether it needs to be referred to as a
special fund or a maintenance fund?
MS. KEKAI: Yeah. I mean, I think it's just special funds are restricted, right.
They're restricted funds. And so, therefore, you're right in the sense that the
Charter now lays out basically what are the restrictions of how these funds can be
spent. And they inform us how they can be spent. The majority of the funds in
Charter have those provisions about amending with an ordinanceI'm sorry, not
amending, but having further definition within the code via ordinance. That can
never contradict with the Charter. So, yes, the Charter does restrict the funds and
provide a sort of protection.
MR. KANEALI`I-KLEINFELDER: Okay. So then, we're going to take this
special fund back to that Section (b): purpose of the fund is to support and
promote stewardship, preservation, restoration, public safety, and maintenance of
land, interest in land, and easements acquired through Public Access, Open Space,
and Natural Resources Preservation Fund. That is the purpose that we're laying
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Hawaii County Council-45 July 23,2026
out, that we are depositing a quarter percent of all RPT (Real Property Tax)
revenues into and calling it a special fund unless, however, we decide, by
ordinance, to change.
MS. KEKAI: Is that a question? Sorry.
MR. KANEALI`I-KLEINFELDER: It's rhetorical but it's alsoI'm just
summarizing and compiling what my brain is seeing and walking my way through
this with you.
MS. KEKAI: Yeah, I think it gives the Council the authority to define the
Charter. So define what these protections mean, define what these activities are,
and how is it to best support/promote the stewardship, preservation, restoration,
public safety, and maintenance of the lands.
MR. KANEALI`I-KLEINFELDER: Yeah, I agree. For the Council, an
interesting piece of this, then, following on that same thought is the real purpose
was contained in Section (g) of the original bill, which was then crossed out,
which "The maintenance fund shall be used solely for . . . ." And while I did hear
from the public that that's a positive, I'm pointing back to the ability of the
Council, by ordinance, to both adjust funding and to adjust potentially the uses of
this fund. And I think these are crucial points that the public has brought up to
our attention, and that they're screaming for protection of a Charter-based control.
So I'm hearing both sides of the argument. But I am—the public has raised some
good comments on why their concerns are what they are. I yield for now, Chair.
Thank you.
CHR. INABA: Other discussion? Council Member Kagiwada.
MS. KAGIWADA: Thank you. Just since you're there, Deputy Director, thank
you. Going back to this Section 10-16(d)(3), the one we just amended. The new
amended language, would that include who received the funds, the purpose, the
amount, when it was received? Would those details, in your mind, be included in
this, including an itemized accounting of receipts and disbursements?
MS. KEKAI: Yes, I believe all those things are currently reported on our website.
And if we are missing one of those things, we definitely can add that in. But I'm
pretty sure it has the amount and then who the money was paid out to. And
usually by the name, you can tell what it is for. But if we're missing kind of what
the purpose is, we can put that in as well.
MS. KAGIWADA: Okay, thank you. I appreciate that. I'm still kind of on the
fence on this one as well. I really like the amendments that are put in today. I
was disappointed that the amount was kept at a quarter percent, but understanding
that Council Members and the Administration can look, when we come to
budgeting each year, at increasing that amount if we want. But I am, regardless of
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Hawaii County Council-45 July 23,2026
what happens today and regardless of how I vote,very committed to listening to
the public, and especially people who have worked on this for so long, as we go
forward with code changes going forward. So I just want to keep that door open
to people no matter what happens here today. Thank you, I yield.
CHR. INABA: Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I just wanted to chime in on the special
fund conversation. In our Charter's Section 10-12, a special fund can only be
established upon recommendation of the Mayor. So, without the Mayor
providing permission for the Council to create the special fund, we can't create it.
I don't think anybody's asking for permission. It's already in the Charter. So it's
kind of cleaning up that technical piece there. So I hope that helps to answer your
question, Council Member Kaneali`i-Kleinfelder.
I was listening to my women's devotional this morning, and the theme was
"seeing another perspective,"which I think was so apt for today. Coming into
this feeling like I believe I'm doing the right thing, and then I'm just feeling so
beat down by what I'm hearing from community—community members who are
part of this process—and it felt a bit disheartening, but I can see their perspective.
Because, there has been such a fight between government and community,
historically, around this fund. So I see the perspective.
But I also hope that there is still space and room and opportunity for
collaboration. I remain committed as I said—and I've sent copies to Ms. Hecht
and other members of the community—with upholding my end of the bargain,
transferring what is in the Charter into the code and really listening to the
nonprofit stewards at the summit, and even afterwards, about the critical gaps that
are in the Charter.
Council Member Kimball, one of your nonprofit stewards, P6h5h5 I Ka Lani,
Jesse and Kulia Potter, are having real difficulty right now with current language
in the Charter. There's so many restrictions in areas of ambiguity that need to be
addressed. One of my nonprofit stewards is having to give back money to the
County because it is still waiting for the County to take action on its kuleana.
And there's no clarity in the Charter about who is supposed to do what when.
And yes, Council Member Galimba, it may feel a little bit rushed, but there's still
an opportunity to do something right by community so they don't have to wait
two years.
These are changes that are supported by the Finance Department, by PONC team,
by nonprofit stewards. And I hope we give it a fair chance in conversation and
move this forward so that we can then begin the important discussion around the
code amendment and ways in which we can support the stewards that are caring
for these properties. Thank you, Chair.
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Hawaii County Council-45 July 23,2026
CHR. INABA: Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: To the makers, does this affect—one of the
points that was brought up in testimony was the commission itself. Does it
address commission or is the commission housed separately?
MS. KIERKIEWICZ: Chair, I'd like to respond.
CHR. INABA: Go ahead.
MS. KIERKIEWICZ: This section of Charter does not currently mention
anything related to the commission. That is in fact in the code, and their function
is fully preserved.
MR. KANEALI`I-KLEINFELDER: Thank you.
CHR. INABA: Any other discussion? Okay, seeing none, I do want to thank
you, Council Member Kierkiewicz. And we did receive a lot of testimony from
members of the public. Some of the amendments requested via email have been
taken up and passed today.
I think the one thing that may be of concern for some is that language as to the
application process and—maybe the application process and the uses wouldn't be
here in the Charter anymore. But again, I think I've stated this at previous
Council meetings. I do believe that those specifics for applications and—you
know, I had the conversation with Ms. Hecht regarding something as broad as
saying we would do applications annually and keeping that in the Charter. And
even that I couldn't support, because as we look ahead with our grant
management systems and potential for maybe going to two-year grant windows
that allow our stewards to really do the work and not be bogged down by annual
applications, to put language like that that is so specific into the Charter I think is
cause for concern and actually inhibits the good work that we could potentially do
here. So I look forward to seeing the code language.
I will be supporting this today and, ultimately, would like to see how we can
broaden the scope of our potential uses and make more clear, along with the rest
of our County grants, the processes and the transparency on reporting and
accountability from those receiving these funds as well. So with that, Council
Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I do have a follow up, sorry. So Section 4
of what was stricken under"(h) Stewardship Grants," I was looking for this piece
to tie in what our testifiers were requesting. And when I heard from Council
Member Kierkiewicz, the application for a stewardship grant, an"organization
shall provide to the department of finance and the public access, open space, and
natural resources preservation commission the following." But that being stricken
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Hawaii County Council-45 July 23,2026
out, I'm going to assume now, because there's no process anywhere that I can
find, (inaudible)potentially there could be code for, that the commission no
longer is involved. Is that what I'm understanding?
MS. KIERKIEWICZ: Chair, if I could respond?
CHR. INABA: Go ahead.
MS. KIERKIEWICZ: The commission's kuleana, all of their responsibilities for
reviewing both applications to nominate properties and also review stewardship
applications, those grants, it's currently in our code. That whole process of their
kuleana is currently in the code.
MR. KANEALI`I-KLEINFELDER: In our County code.
MS. KIERKIEWICZ: In our County code right now.
MR. KANEALI`I-KLEINFELDER: Interesting. What section of code?
CHR. INABA: 2-214.2.
MR. KANEALI`I-KLEINFELDER: Okay, thank you.
CHR. INABA: All right, Mr. Clerk, a roll call vote please.
Vote on Bill 165: The motion to pass Bill 165, Draft 2, as amended to
Draft 3 Draft 3, on third and final reading failed by the following
Failed roll call vote:
Ayes: Council Members Hustace, Kierkiewicz, Onishi,
Villegas, and Chair Inaba—5.
Noes: Council Members Galimba, Kagiwada,
Kaneali`i-Kleinfelder, and Kimball—4.
Absent: None.
Excused: None.
(Note: Ms. Kagiwada voted"kanalua"then "no."
Ms. Villegas voted"kanalua"then "aye.")
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE for Executive Session.
SESSION:
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Hawaii County Council-45 July 23,2026
Comm. 957: LEGAL PROCEEDINGS CONCERNING ALAN FUKAMIZU
From Deputy Corporation Counsel Demetri G. Lametti dated June 17, 2026,
requesting an attorney-client confidential discussion to consult with the Council
regarding the above-entitled matter.
Motion to Close Mr. Hustace moved to close file on Comm. 957. Seconded
File: by Mr. Onishi.
Vote on Motion to Mr. Hustace moved to enter into Executive Session in order
Enter into to hold attorney-client privilege discussion regarding
Executive Session: Communication 957, as authorized by Section 92-5(a)(4) of
(Approved) the Hawaii Revised Statutes. Seconded by Mr. Onishi and
carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
CHR. INABA: We'll be entering into Executive Session for Communication 957.
Thank you.
Recess: At 11:23 a.m., the Chair called for a recess in order to clear the
room.
Reconvene: The meeting reconvened at 11:56 a.m.
CHR. INABA: Thank you. We are out of Executive Session with
Communication 957. Council Member Hustace will give us a brief summary.
MR. HUSTACE: Thank you, Chair. Pursuant to Section 92-5(a)(4), Council
consulted with the Council's attorney on questions and issues pertaining to our
powers, duties, privileges, immunities, and liabilities. Thank you.
CHR. INABA: Thank you.
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Hawaii County Council-45 July 23,2026
Vote on Motion to Ms. Kagiwada moved to concur with the recommendation
Concur: of Corporation Counsel regarding Comm. 957. Seconded
(Approved) by Mr. Hustace and carried by the following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kdneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
Vote on Comm. 957: The motion to close file on Comm. 957 was carried by the
Filed following voice vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(Note: At this time, Council Members made announcements regarding
community events, activities, and other unofficial business.)
ADJOURN- There being no further business, Chair Inaba adjourned the meeting at 12:00 p.m.
MENT:
Council Approval: 0 C T 2 1 2026
CO CL
JH/dg
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