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HomeMy WebLinkAboutMIN COUNCIL 2026-10-21 2024-2026 Draft Hawaii County Council 51" Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii October 21, 2026 INVOCATION: Rabbi Levi Gerlitzky of Chabad Jewish Center gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:03 a.m., in the Council Chambers, Kailua-Kona,by Mr. Dennis "Fresh" Onishi, Acting Chair. ROLL CALL: Present: Mr. Dennis "Fresh" Onishi, Vi Ms. Michelle M. Galimba, Memb Mr. James E. Hustace, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member M Heather L. Kimball, Member Absent& Excused: Mr. Holeka Goro Inaba, Chair Ms. Rebecca Villegas, Member PLEDGE OF The Acting Chair di ted 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 Al�rgiance.) PETITIONS, ' The Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES '//// OF MERIT, AND (No is time, Mr. Hustace presented the October 2026 Haweo Award to EXPRESSIONS OF Captai ernell Hanoa of the Hawaii Police Department.) CONDOLENCE: STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Acting Chair: Hawaii County Council-51 October 21,2026 Corey Pausey: Bill 192, Draft 3 (Comm. 1059.6), in support. (representing Lokahi Treatment Centers) Dell Otsuka: Bill 147, Draft 2 (Comm. 806.15), in opposition. Grace Bostock: Bill 186 (Comm. 1025); and Bill 187, Draft 4 (Comm. 1025.22), in opposition. Vaisaili Hunkin-Tolentino: Bill 192, Draft 2 (Comm. 1059.3), in support. (representing Recovery of Hawai`i) A/d/r/ Arlene Larua: a Bill 186 (Comm. 1025); and (representing Waikoloa Bill 187, Draft 4 (Comm. 1025.22), in opposition. Village Center (?)) '% ��� RETURN TO The Acting Chair directed the Council to return to Petitions, Me 'orials, PETITIONS, Certificates of Merit, and Expressions of Condolence. MEMORIALS, CERTIFICATES (Note: At this time, Mr. Hustace presented the October 2026 Haweo Award to OF MERIT, AND Ca ell Hanoa of the Hawaii Police Department.) EXPRESSIONS OF CONDOLENCE: Recess: At 9:32 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 9:36 a.m. RETURN TO The Acting Chair directed the Council to return to Statements from the Public. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: °o j Hannah Preston-Pita: Bill 192, Draft 3 (Comm. 1059.6), in support. (representing Big Island Substance Abuse Council) Michelle Stefanik: Bill 186 (Comm. 1025); and Bill 187, Draft 4 (Comm. 1025.22), in opposition. David Foster: Bill 186 (Comm. 1025); and (representing Wildfire Safety Bill 187, Draft 4 (Comm. 1025.22), in opposition. Advocates of Waikoloa(?)) Page 2 Hawaii County Council-51 October 21,2026 Donald Elder: Bill 186 (Comm. 1025); and Bill 187, Draft 4 (Comm. 1025.22), in opposition. Les Estrella: Bill 192, Draft 3 (Comm. 1059.6), in support. (representing Going Home Hawaii) Michelle Manalo: Bill 192, Dr Comm. 1059.6), in support. (representing Going Home Hawai`i) Linda Halbritter: Bill 147, Draft 2 (Comm. 806.15), in opposition. (representing Big Island Substance Abuse Council)/� Azlyn Chalker: Bill 186 (Comm. 1025); sink.. Bill 187, Draft 4 (Comm. 10�5.22), in opposition. Martina Wing: 00 Bill 147, Draft 2 (Comm. 806.15), in opposition. Dominique Miles: Bill 192, Draft 3 (Comm. 1059.6), in support. (representing Big Isla*, Substance Abuse Counc Raymond Dangaran: ill 192, Draft 3 (Comm. 1059.6), in support. (representing Big Island Substance Abuse Council) % Bob Yuhnke: Bill 186 (Comm. 1025); and ��� Bill 187, Draft 4 (Comm. 1025.22), in opposition. Nathan Egen: % Bill 147, Draft 2 (Comm. 806.15), in opposition. Kristen Alice: Bill 192, Draft 3 (Comm. 1059.6), in support. (representing HOPE Services Hawaii)///, Adrian Soucek: Bill 147, Draft 2 (Comm. 806.15), in opposition. Joe Schnektenberger: Bill 147, Draft 2 (Comm. 806.15), in opposition. Katlyn Miller: Bill 147, Draft 2 (Comm. 806.15), in opposition. (representing *) Josephine Keliipio: Bill 186 (Comm. 1025); and Page 3 Hawaii County Council-51 October 21,2026 Bill 187, Draft 4 (Comm. 1025.22), in opposition. APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Acting Chair Onishi announced that the Minutes of July 23 and August 5, 2026, were approved. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Bill 187: AMENDS SECTION 25-8-14 (WAIKOLOA VILLAGE DISTRICT ZONE MAP), (Draft 4) ARTICLE 8, CHAPTER 25 (ZONING CODE)OF THE HAWAI`I COUNTY CODE (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM RESIDENTIAL AND AGRICULTURAL— 1 ACRE (RA-IA) AND OPEN(0) TO MULTIPLE-FAMILY RESIDENTIAL— 1,500 SQUARE FEET (RM-1.5), FAMILY AGRICULTURAL— 1 ACRE (FA-IA), AGRICULTURAL— 10 ACRES (A-l0A), AND OPEN (0) AT WAIKOLOA, SOUTH KOHALA, HAWAI`I, COVERED BY A PORTION OF TAX MAP KEY: 6-8-002:016 (Applicant: Waikoloa Green LLC) (Area: 14.868 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map for the requested change of zone, which would allow the applicant to develop a 400-unit multiple-family housing complex with a clubhouse and related improvements. The property is located at the southeast side of Pua Melia Street, approximately 810 feet south of its intersection with Waik6loa Road. Referen%..10 Comm. 1025.22 // //�� Intr. by:, Council Member Kimball (B/R) Negative: LAAC-48 (Due to a vote of 3-ayes, 5-noes, 1-absent) Motion to Approve: Mr. Hustace moved to pass Bill 187, Draft 4, on first reading. Seconded by Ms. Kimball. ACTING CHR. ONISHI: Thank you. Motion to Postpone: Hustace moved to postpone Bill 187, Draft 4, to July 7, 2027. Seconded by Ms. Kierkiewicz. ACTING CHR. ONISHI: Okay. Vote on Motion to The motion to postpone Bill 187, Draft 4, to July 7, 2027, Postpone: was carried by the following roll call vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Page 4 Hawaii County Council-51 October 21,2026 Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi — 7. Noes: None. Absent: Council Members Inaba and Villegas—2. Excused: None. Bill 186: AMENDS THE STATE LAND USE DISTRICT BOUNDARIES MAP BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL TO URBAN AT WAIKOLOA, SOUTH KOHALA, HAWAI`I, COVERED BY A PORTION OF TAX MAP KEY: 6-8-002:016 Reference: Comm. 1025 Negative: LAAC-47 (Due to a vote of 3-ayes, 5-noes, 1-absent) Motion to Approve: Mr. Hustace move ss Bill 187, Draft 4, on first reading. Seconded by ierkie ACTING CHR. ONISHL Thank you. Motion to Postpone: Mr. Hustace moved to postpone Bill 187, Draft 4, to July 7, 2027. Seconded by Ms. Kierkiewicz. yr ACTING CHR. ONISHL Oka y /. Vote on Motion to , The motion to postpone Bill 187, Draft 4, to July 7, 2027, Postpone: ' as carried by the following roll call vote: (ApprovedAyes: Co ciil Members Galimba Hustace Ka iwada g '�! Kaneali`i-Kleinfelder, Kierkiewicz Kimball and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Villegas—2. Excused: None. Bill 147: AMENDS CHAPTER 2 AND CHAPTER 25 OF THE HAWAI`I COUNTY (Draft 2) CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TRANSIENT ACCOMMODATIONS Establishes operational standards and use regulations for hosted and un-hosted transient vacation rentals (TVRs); allows hosted TVRs as a permitted use in the single-family residential, double-family residential, multiple-family residential, residential-commercial mixed use, resort-hotel, neighborhood commercial, general commercial, village commercial, special Downtown Hilo commercial zoning districts; allows hosted TVRs as a permitted use in certain agricultural zoning districts under certain conditions; allows un-hosted TVRs as a permitted use in the resort-hotel, general commercial, village commercial, and special Downtown Hilo Page 5 Hawaii County Council-51 October 21,2026 commercial zoning districts; allows un-hosted TVRs in certain areas of the neighborhood commercial or residential zoning districts under certain conditions. Reference: Comm. 806.15 Intr. by: Council Member Kimball Negative: PCPLUED-15 (Due to a vote of 4-ayes, 5-noes) �i%r and Comm. 806.9: From Council Member Heather L. Kimball, dated September 1, 2026, transmitting a document entitled"B&B Hosting Scenarios in SLU Agricultural District." (Note: The following proposed amendments to Bill 147, Draft 2, were circulated: 1) Comm. 806.17 from Council Member James E. Hustace dated October 20, 2) Comm. 806.18 from Council Member Heather L. Kimball dated October 20, 2026; '%//n //j,�� �� 3) Comm. 806.19 from Council Member Jams E. Hustace*0 October 20, 2026; and 4) Comm. 806.20 from Council M( er James E. Hustace dated October 21 2026.) Motion to Approve: Ms. Kimball moved to pass Bill 147, Draft 2, on first reading. Seconded by Ms. Kagiwada. ACTING CHANISHL Thank you. (Note: At this time, Planning Director Jeffrey Darrow came forward to � ��%� address the members of the Council.) Motion to Amend: Ms. Kimball moved to amend Bill 147, Draft 2, with the contents of Comm. 806.18. Seconded by Ms. Galimba. ACTING CHR. ONISHL Okay. Vote on Motion to The motion to amend Bill 147, Draft 2, with the contents of Amend: Comm. 806.18 was carried by the following roll call vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Villegas—2. Excused: None. Page 6 Hawaii County Council-51 October 21,2026 ACTING CHR. ONISHI: Thank you. Motion to Amend: Mr. Hustace moved to amend Bill 147, Draft 2, with the contents of Comm. 806.17. Seconded by Ms. Kierkiewicz. ACTING CHR. ONISHI: Okay. Vote on Motion to The motion to amend Bill 147, Draft 2,with the contents of Amend: Comm. 806.17 was carried by the f9powing roll call vote: (Approved) Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting C air Onishi —6. Noes: None. Absent: Council rs Galimba, Inaba, and Villegas Excused: None. ACTING CHR. ONISHL Thank ou. l Y Motion to Amend: Mr. Hustace moved to amend Bill 147, Draft 2, with the contents of Comm. 806.19. Seconded by Ms. Kierkiewicz. ACTING CHR. ONISHL Okay. dL Vote on Motion to The motion to amend Bill 147, Draft 2, with the contents of Amend: ' Comm. 806.19 was carried by the following roll call vote: � (Approved ���� Council Members Galimba, Hustace, Kagiwada, O� Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi—7. Noes: None. Excused: Council Members Inaba and Villegas—2. E None. ACTING CHR. ONISHI: Thank you. Motion to Amend: Hustace moved to amend Bill 147, Draft 2, with the contents of Comm. 806.20. Seconded by Ms. Galimba. ACTING CHR. ONISHI: Okay. Vote on Motion to The motion to amend Bill 147, Draft 2, with the contents of Amend: Comm. 806.20 was carried by the following roll call vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Page 7 Hawaii County Council-51 October 21,2026 Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi — 7. Noes: None. Absent: Council Members Inaba and Villegas—2. Excused: None. ACTING CHR. ONISHI: Okay. Vote on Bill 147: The motion to pass Bill 147, Draft 2, as amended to Draft 3 Draft 3, on first reading was carried by the following voice (Approved) vote: dd/40/7/ '�i seen Ayes: Council Members Galimba, ce, Kagiwada, Kaneali`i-Kleinfelder, Kierkie % imball, and Acting Chair Onishi—7. Noes: None. Absent: Council Me Inaba Villegas —2. Excused: None. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. % // 11/4 GOEAC-164 NOMINATION OF ANNETTE AIONA TO THE MERIT APPEALS BOARD (Comm. 1107): / Requires Council � Confirmation by: October 31, 2026 (Section 13-4(k), AJA �� % H i`i n Charter)/ � , awa County C arte ) Vote on /// Ms. Kierkiewicz moved to adopt Governmental Operations GOEAC-164. �// and External Affairs Committee Report No. 164. Seconded (Adopted) by Ms,,Kagiwada and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, F and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Villegas—2. Excused: None. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Page 8 Hawaii County Council-51 October 21,2026 Bill 195: AMENDS CHAPTER 19 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE NONDEDICATED AGRICULTURE USE ASSESSMENT Extends the sunset date of the nondedicated agricultural use assessment by one year. Reference: Comm. 1076 Intr. by: Council Member Onishi Negative: FC-188 (Due to a vote of 1-aye, 7-noes, 1-absent) Motion to Approve: Ms. Kierkiewicz moved to pass Bill 195 on first reading. Seconded by Mr. Kaneali`i-Kleinfelder. ACTING CHR. ONISHL Thank you. Withdraw Bill 195: Acting Chair Inaba ann ed the withdrawal of 5. Bill 192: AMENDS CHAPTER 19, ARTIC E 11, SECTION 19-90 OF E HAWAI`I (Draft 3) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX Extends the requirement to appropriate residential tier-two and tier-three property tax revenue to housing and homelessness programs until 2029; requires that monies be used to award grants that address housing and homelessness. Reference: Comm. 1059.6 First Reading: October Council Member Inaba /i g Motion to Approve. Ms. Kierkiewicz moved to pass Bill 192, Draft 3, on second and final reading. Seconded by Mr. Hustace. ACTING CHR. ONISHL Thank you. (Note: At this time, Housing Administrator Kehaulani Costa came forward to address the members of the Council.) e: At this time, County Auditor Clare McAdam came forward to address the members of the Council.) Vote on Bill 192: The motion to pass Bill 192, Draft 3, on second and final Draft 3 reading was carried by the following roll call vote: (Adopted) Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, and Kimball—5. Noes: Council Member Kaneali`i-Kleinfelder and Page 9 Hawaii County Council-51 October 21,2026 Acting Chair Onishi—2. Absent: Council Members Inaba and Villegas —2. Excused: None. Recess: At 12:42 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 12:51 p.m. Bill 199: AMENDS CHAPTER 14 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO THE ESTABLISHMENT OF A HISTORIC PLACE MARKER PROGRAM Requires the Planning Department to administer a historic place marker program; requires the Department of Public Works to install and maintain historic place markers; requires the Department of Research and Development to support the program through research and outreach; requires the submission of a historic place marker implementation plan within one year; and requires the installation of all historic place markers within six months thereafter. ��/j/���� 1110 Reference: Comm. 1095 Intr. by: Council Members Kierkiewicz and Inaba Approve: PCHSW-12 (Note: The following items relating to Bill 199 were circulated: 1) Comm. 1095.2 from Tawn Keeney, on behalf of the Hamakua Community Development Plan Action Committee, dated October 19, 2026, transmitting testimony in support of Bill 199; and 2) Comm. Nos. 1095.3-1095.6 from Council Member Ashley L. Kierkiewicz date October 21, 2026, transmitting proposed amendments.) Motion o prove: Ms. Kierkiewicz moved to pass Bill 199 on first reading and adopt Policy Committee on Health, Safety, and Well- being Committee Report No. 12. Seconded by Mr. Hstace. ACTING CHR. ONISHI: Thank you. �����/// ���At this time, Research and Development Deputy Director Dennis came forward to address the members of the Council.) (Note: At this time, Public Works Director Wesley Segawa came forward to address the members of the Council.) Motion to Amend: Ms. Kierkiewicz moved to amend Bill 199 with the contents of Comm. 1095.3. Seconded by Mr. Hustace. ACTING CHR. ONISHI: Okay. Page 10 Hawaii County Council-51 October 21,2026 Vote on Motion to The motion to amend Bill 199 with the contents of Amend: Comm. 1095.3 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, and Acting Chair Onishi—6. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, and Villegas—3. Ad Excused: None. ACTING CHR. ONISHI: Thank you. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 199 with the contents of Comm. 1095.4. Seconded by Ms. Kagiwada. ACTING CHR. ONISHI: Ole ,,,._ Withdraw Motion Ms. Kierkiewicz withdrew "er motion to amend Bill 19W' to Amend: with the contents of Comm. 1095.4. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 199 with the ents of Comm. 1095.5. Seconded by Mr. Hustace. 101 ACTING A NISHL Okay. Vote on Motion to The motion to amend Bill 199 with the contents of Amend: Comm. 1095.5 was carried by the following voice vote: A rov jAyes"" Council Members Hustace, Kagiwada, 'Ayes"" Kaneali`i-Kleinfelder, Kierkiewicz Kimball and Acting Chair Onishi—6. Noes: None. Absent: Council Members Galimba, Inaba, and Villegas—3. Excused: None. ACTING C ONISHI: Thank you. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 199 with the contents of Comm. 1095.6. Seconded by Mr. Hustace. ACTING CHR. ONISHI: Okay. Withdraw Motion Ms. Kierkiewicz withdrew her motion to amend Bill 199 to Amend: with the contents of Comm. 1095.6. Page 11 Hawaii County Council-51 October 21,2026 ACTING CHR. ONISHI: Okay. Vote on Bill 199: The motion to pass Bill 199, as amended to Draft 2, on first Draft 2 reading and adopt Policy Committee on Health, Safety, and (Approved) Well-being Committee Report No. 12 was carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Ki icz, Kimball, and Acting Chair Onishi —6. Noes: None. Absent: Council Members Galimba, Inaba, and Villegas —3. Excused: None. Bill 200: AMENDS CHAPTER 14 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO THE ESTABLISHMENT OF A MO`OLELO INTERPRETATION PROGRAM Allows "interpretative installations" on County property. ��%/ � Reference: mm. 1096 Intr. by: Council Member Kierkiewicz Approve: ObPCHSW-13 (Note: Co m 1096.2, from Tawn Keeney, on behalf of the Hamakua Community ' lopment Plan Action Committee, dated October 19, 2026, transmitting to ony in support of Bill 200.) Motion to Approve:, Ms. Kierkiewicz moved to pass Bill 200 on first reading %/////� and adopt Policy Committee on Health, Safety, and Well- being Committee Report No. 13. Seconded by Mr. Hustace. ACTING CHR. ONISHL Thank you. Vote on Bill 200: The motion to pass Bill 200 on first reading and adopt (Approved) Policy Committee on Health, Safety, and Well-being Committee Report No. 13 was carried by the following ice vote: Ayes: Council Members Hustace, Kagiwada, Kierkiewicz, Kimball, and Acting Chair Onishi—5. Noes: None. Absent: Council Members Galimba, Inaba, Kaneali`i-Kleinfelder, and Villegas—4. Excused: None. Page 12 Hawaii County Council-51 October 21,2026 Bill 154: AMENDS CHAPTER 25, ARTICLES 1, 5, AND 7, OF THE HAWAI`I COUNTY (Draft 2) CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMERCIAL PARKING LOTS AND GARAGES Removes commercial parking lots and garages as a permitted use in the general, industrial-commercial mixed, limited industrial, and general industrial zoning districts; allows commercial parking lots and garages in the resort-hotel zoning district with a use permit; makes other housekeeping amendments. Reference: Comm. 866.7 Intr. by: Council Members Inaba and Villegas Approve: PCPLUED-16 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 154, Draft 2, on first reading and adopt Policy Committee on Planning, Land Use, and Economic Development Committee Report No. 16. Seconded by Mr. Hustace. ACTING CHR. ONISHL Thank you. j Vote on Bill 154: The motion to pass Bill 154, Draft 2, on first reading and Draft 2 adopt Policy Committee on Planning, Land Use, and (Approved) Economic Development Committee Report o. 16 was carried by the following voice vote: --"�"o/m/nio///a/// Ayes: Council Members Hustace, Kagiwada, KierkiI is ,Kimball, Onishi, and MEN %/ . ��� Noes_ Council Members Galimba, Inaba, K n li`i-Kl inf l r n ill —4 a ea e e de , and V egas Absent: None. Excused: None. 141 1 Bill 201: AMENDS ORDINANCE NO. 26-45, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR ENDING DUNE 30, 2027 Adds the Mass Transit Agency Kailua-Kona Hub and Park& Ride Facility project ($5,000,000) to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources. Reference: Comm. 1108 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-192 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Page 13 Hawaii County Council-51 October 21,2026 Section 10-6(e), Hawaii County Charter (Note: Comm. 1108.2, from Mass Transit Administrator Zachary Bergum dated October 20, 2026, transmitting presentation material relating to Bill 201, was circulated.) Motion to Approve: Mr. Hustace moved to pass Bill 201 on first reading and adopt Finance Committee Report No. 192. Seconded by Ms. Kierkiewicz. ACTING CHR. ONISHI: Thank you. I Motion to Postpone: Mr. Hustace moved to postpone Bill 201 to November 6, 2026. Seconded by Ms. Kierkiewicz. ACTING CHR. ONISHI: Okay. Withdraw Motion Mr. Hustace withdrew his motion to postpone Bill 201 to to Postpone: November 6, 2026. ACTING CHR. ONISHL Okay. Vote on Bill 201: The motion to pass Bill 201 on first reading and adopt (Approved) Finance Committee Report No. 192 was carried by the following voice vote Ayes: j Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —6. qN % Non oes. o e. Absent: Council Members Galimba, Inaba, and Villegas 3. Excused: None. Return to Order e Acting Chair directed the Council to return to the order of business. of Business: ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 694-26: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO RECEIVE A GRANT FOR THE KUKUIOLA SUPPORTIVE HOUSING PROJECT IN NORTH KONA Allows for the receipt of$1,892,000 in federally-derived funds to assist with the planning, design, and construction of the Kukuiola Supportive Housing project. Page 14 Hawaii County Council-51 October 21,2026 Reference: Comm. 1094 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-187 Companion: Bill198 Vote on Res. 694-26: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 694-26 and (Adopted) Finance Committee Report No. 187. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting C it Onishi —7. Noes: None. Absent: Council rs Inaba and Villegas—2. Excused: None. Change Order As directed by the Acting Chair and with no objection from uncil of Business: Members, the following items were taken out of order: Bill 196: AMENDS ORDINANCE NO. 26-44, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING DUNE 30, 2027 Appropriates revenues in State Grants—Coffee Berry Borer/Coffee Leaf Rust Pesticide Subsidy Program account($150,000) and appropriates the same to the Coffee Berry Borer/Coffee Leaf Rust Pesticide Subsidy Program account. �� � Reference: Comm. 1081 I Intr. by: j Council Member Kaneali`i-Kleinfelder (B/R) r� Approve: �i FC-189 ///////////r"' I PP Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 196 on first reading and adopt Finance Committee Report No. 189. Seconded by Mr. Hustace. TING CHR. ONISHI: Thank you. AAM Vote on Bill 196: '! The motion to pass Bill 196 on first reading and adopt (Approved) Finance Committee Report No. 189 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Villegas—2. Excused: None. Page 15 Hawaii County Council-51 October 21,2026 Bill 191: AMENDS CHAPTER 10, ARTICLE 1, SECTION 10-8 OF THE HAWAI`I (Draft 3) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO EROSION AND SEDIMENTATION CONTROL Establishes administrative enforcement provisions for violations of Chapter 10, including increased fines of up to $1,000 per day. Reference: Comm. 1058.4 Intr. by: Council Member Inaba First Reading: October 7, 2026 Vote on Bill 191: Ms. Kierkiewicz moved to pass Bill 191, Draft 3, on Draft 3 second and final reading. Seconded by Ms. Kagiwada and (Adopted) carried by the following voice vote: -qp /p Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi —7 ,,,,,,,,,,,. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Return to Order Th Chair directed the Council to return to the order of business. of Business: ,�� ° '�////�j/����j, Res. 707-26: TRANSFERS/APPROPRIATE AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED A FUND ACCOUNT TO PROVIDE A GRANT TO ACTION 4 ANIMALS HAWAII FOR ITS COMMUNITY DOG WELLNESS PROGRAM rrp Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 1113 Intr. by: Council Member Kimball Vote on Res. 707-26: /�//`Ms. Kimball moved to adopt Res. 707-26. Seconded by (Adopted) ' Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Villegas—2. Excused: None. Page 16 Hawaii County Council-51 October 21,2026 Res. 708-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HIKI OLA FOR ITS LAU NA MAKA HUI COMMUNITY MEETINGS Transfers $4,000 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Other Current Expenses account. Reference: Comm. 1115 Intr. by: Council Member Inaba Vote on Res. 708-26: Ms. Kimball moved to adopt Res. 708-26. Seconded by (Adopted) Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi Noes: None. jj,,,, /% % Absent: Council Members Inaba and Villegas —2. Excused: None. Res. 709-26: 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 ISLAND OF HAWAI`I YMCA FOR THEIR KEEP THE LIGHTS ON: SAFE NIGHTS AT THE YMCA PROJECT Transfers $1,000 from the Clerk-Council Services—Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. -vo �j/ Reference: Comm. 1116 Intr. by: Council Member Kierkiewicz Vote on Res. 709-26: Ms. Kimball moved to adopt Res. 709-26. Seconded by (Adopted) ��// Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba Hustace Ka iwada Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Res. 710-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF HALE `OLUEA Page 17 Hawaii County Council-51 October 21,2026 CLUBHOUSE FOR ITS COMMUNITY MENTAL HEALTH RESOURCE EVENT Transfers $5,000 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. 1117 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 710-26. Seconded by Mr. Hustace. CHR. INABA: Any other discussion? Vote on Res. 710-26: The motion to adopt Res. 10-26 was carrie e (Adopted) following voice vo` Ayes: Council Members Galimba, Hustace, Kagi'° Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi— 7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Res. 711-26: T SFERS/APPROPRIATES AN APPfWATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE GG FOUNDATION FOR THE "MAHALO TEACHERS"EVENT Transfers $1,000 from the Clerk-Council Services—Contingency Relief account Council District 4 ; and credits to the Department Liquor Control Public of ( ), p Programs account. Reference: Comm. 1118 Intr. by: Council Member Kierkiewicz Motion to Approve:� �/ Ms. Kierkiewicz moved to ado t Res. 711-26. Seconded � // p by Mr. Hustace. CHR. INABA: Any other discussion? Vote on Res. 711-26: The motion to adopt Res. 711-26 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi—7. Page 18 Hawaii County Council-51 October 21,2026 Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Res. 712-26: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO `O KA`U KAKOU FOR THE 3RD ANNUAL KALO FESTIVAL, KANIWALA KALO O KA`U Transfers $5,050 from the Clerk-Council Services—Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1119 Intr. by Council Member Galimba Motion to Approve: Ms. Galimba move dopt Res. 712-26. Seconded by Mr. Hustace. ACTING CHR. ONISHL Any other discussion? Vote on Res. 712-26: The motion to adopt Res. 712-26 was carried by the (Adopted) following voice vote: j Ay Council _ - Kaneali` Galimba, Hustace,einfelderKierkiewicz, Kimball, ada, and Acting Chair Onishi—7. Noes: j None. Absent: Council Members Inaba and Villegas —2. Excused: None:*f �"��%/�///%%ice,,,,,,, Res. 71 TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NORTH KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES FOR THE KOHALA RESILIENCE HUB'S 2026 KEIKI CHRISTMAS TOY DRIVE Transfers $1,000 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1120 Intr. by: Council Member Hustace Motion to Approve: Mr. Hustace moved to adopt Res. 713-26. Seconded by Ms. Kierkiewicz. ACTING CHR. ONISHI: Any other discussion? Page 19 Hawaii County Council-51 October 21,2026 Vote on Res. 713-26: The motion to adopt Res. 713-26 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inabarllegas—2. Excused: None. Res. 715-26: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER INTO A MULTI-YEAR LEASE AGREEMENT FOR TWO MULTIFUNCTION COPY MACHINES TO BE USED BY THE OFFICE OF THE CORPORATION COUNSEL Authorizes the Mayor to enter into a five-year lease agreement with an approximate annual cost of$9,600, to be used in the dr/ ent's Hilo and Kona offices. Reference: Comm. 1124 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 715-26. Seconded f by Mr. Hustace.01 ACTING CH NISHI: ther discussion? Vote on Res. 715-26: The motion to adopt Res. 715-26 was carried by the Ado to gyp-11 following voice vote: _VV Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, 11'111 and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Villegas—2. 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): (Note: Items in this category were taken up previously, out of order.) Bill 193: AMENDS CHAPTER 2, ARTICLE 25, SECTION 2-137, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO APPROPRIATION OF FUNDS TO NONPROFIT ORGANIZATIONS Page 20 Hawaii County Council-51 October 21,2026 Specifies that nonprofit organizations whose governing board members receive compensation for their governance duties are ineligible to receive County grant funds. Reference: Comm. 1074 Intr. by: Council Members Inaba and Kimball Approve: GOEAC-165 Motion to Approve: Ms. Kimball moved to pass Bill 193 on first reading and adopt Governmental Operations and External Affairs Committee Report No. 165. Seconded by Ms. Kierkiewicz. CHR. INABA: Thank you. "` � Vote on Bill 193: The motion to pass Bill 193 on first reading and adopt (Approved) Governmental Operations and External Affairs Committee Report No. 165 was carried by the wing voice vote: Ayes: 6 Council Members Galimba, Hustace, Kagiwa Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Villegas—2. Excused: None. /10, Bill 197: AMENDS CHAPTER 19, ARTICLE 7, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO A TEMPORARY REAL PROPERTY TAX VA AMNESTY FOR CERTAIN HOSTED TRANSIENT CATION RENTALS Establishes a tax amnesty for properties that have existing vacation rentals in violation of the restrictions of the homeowner class; requires either ceasing the rental activity or properly registering the rental activity without being assessed rollback taxes, penalties, and interest. Reference: Comm. 1082 Intr. by: Council Member Kimball Negative: FC-190 (Due to a vote of 4-ayes, 3-noes, 2-absent) Motion to Approve: Ms. Kimball moved to pass Bill 197 on first reading. Seconded by Ms. Kagiwada. ACTING CHR. ONISHI: Thank you. Page 21 Hawaii County Council-51 October 21,2026 Vote on Bill 197: The motion to pass Bill 197 on first reading was carried by (Approved) the following roll call vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, and Acting Chair Onishi—6. Noes: Council Member Kaneali`i-Kleinfelder— 1. Absent: Council Members Inaba and Villegas—2. Excused: None. Bill 198: AMENDS ORDINANCE NO. 26-44, AS AMENDED, THE OPERATING BUDGET OF THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING DUNE 30, 2027 Appropriates revenues in the Federal Grants —Kukuiola Supportive Housing Project account($1,892,000) and appropriates the same to the Kukuiola Supportive Housing Project account. Funds will be used to assist with the planning, design, and construction of the Kukuiola Supportive Housing project. Reference: Comm. 1094 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-191 Companion: Res. 694-26 Vote on Bill 198: Mr. Kaneali`i-Kleinfelder moved to pass Bill 198 on first (Approved) reading and adopt Finance Committee Report No. 191. Seconded by Mr. Hustace and carried by the following //oice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, d Acting n n Chair hi—7 a ct g C at Ons Noes: None. Absent: Council Members Inaba and Villegas—2. 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 Ivy//� ' FINAL READING): (Note. Items in this category were taken up previously, out of order.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 1123: DENIS A. GIBO, ET AL. VS. COUNTY OF HAWAI`I, ET AL.; CASE NO.: 3CCV-21-0000198 Page 22 Hawaii County Council-51 October 21,2026 From Deputy Corporation Counsel Ryan K. Thomas dated October 2, 2026, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Motion to Close Mr. Hustace moved to close file on Comm. 1123. File: Seconded by Ms. Kagiwada. ACTING CHR. ONISHI: Thank you. Motion to Enter Mr. Hustace moved to enter into Executive Session in order into Executive to hold attorney-client privilege discussion regarding Session: Communication 1123, as authorized by Section 92-5(a)(4) of the Hawaii Revised Statutes. Seconded by Ms. Kierkiewicz. ��/// ACTING CHR. ONISHL Thank you. Okay. Now, the remaining Council Members, all those in favor of entering m/////t ecutive Session please say "aye." min '/j��//o,,. Vote on Motion to The motion to enter into Executive ion was carried Enter into the following voice vote: Executive Session: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, %!!%, and Acting Chair Onishi —7. NoesNone. Absent: Council ers Inaba and Villegas—2. Excused: None. f ACTING CHR. ONISHL We're going to take a recess while we go into Exec. 0/01111 (Executive) Session. We're in recess. Recess: // At 1:44 p.m., the Acting Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 2:42 p.m. " /h/h/ ////// ACTING CK ONISHI: Thank you. Council Members, we're out of Executive Vote on Motion to Mr. Hustace moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 1123. Seconded by (Approved) Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi—7. Noes: None. Page 23 Hawaii County Council-51 October 21,2026 Absent: Council Members Inaba and Villegas —2. Excused: None. ACTING CHR. ONISHI: Thank you. Council Members, we're out of Executive Vote on The motion to close file on Comm. 1123 was carried by the Comm. 1123: following voice vote: Filed Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Onishi Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. OTHER The Chair directed the Co u o proceed to the next order f business, Other BUSINESS: Business. (There were none, ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. A (Note: At this time, Council Members made announcements regarding community events, activities, and other unofficial business. i / ADJOURN- The 'ng no further business, Chair Inaba adjourned the meeting at 2:44 p.m. MENT: �// ,� %////j �j0 Council A ` Al: �j COUNTY CLERK JH/dg Page 24