2026-10-21 - County Council

Summary

Built from the posted agenda and the video captions; no minutes were located. Auto-caption wording may contain errors, and Hawaiian names are often garbled, so most vote counts are not recorded.

Discussion highlights (from the video)

  • Bill 147 Draft 2 (transient vacation rentals) passed first reading as amended. Amendments clarified the rules for dwellings on lots created before 1976, aligned exemptions with Chapter 6 and added a warning and cure process for enforcement.

  • Bill 192 Draft 3 (housing and homelessness fund) passed second and final reading. Debate drew on figures presented to the Council: about $32 million appropriated over three years, assisting 4,166 unduplicated individuals in 2,894 households.

  • Bills 186 and 187 (Waikoloa rezoning, including the 400-unit multifamily proposal) were postponed to July 7, 2027, after testimony raised concerns about a second evacuation road, water and other infrastructure.

  • Bill 197 (temporary property tax amnesty for certain hosted rentals) passed first reading.

  • Bill 195 (agricultural use assessment) was withdrawn by its introducer.

  • Resolution 694-26 (the $1,892,000 HUD agreement for Kukuiola Supportive Housing) passed 7-0 with two members excused. Companion Bill 198 was heard at first reading.

  • Bill 191 Draft 3 (erosion and sedimentation control enforcement) passed final reading.

  • Bills 154 Draft 2 (commercial parking lots and garages), 193 (nonprofit grant eligibility), 199 (historic place marker program, amended) and 200 (interpretive displays) passed first reading.

  • Resolutions 707 to 713 (small district grants) passed, as did Resolution 715 (a five-year copier lease at about $9,600 a year) and a Merit Appeals Board nomination.

  • 51st Session, 9:00 a.m. at the West Hawai'i Civic Center in Kailua-Kona; the Hilo chambers were closed, with courtesy sites at Ocean View, Pahoa and Waimea.

  • Kukuiola Supportive Housing: Res. 694-26 would authorize an agreement with the U.S. Department of Housing and Urban Development to receive $1,892,000 for the North Kona project, and companion Bill 198 would appropriate the same amount; see Kukuiola Supportive Housing Project.

  • Transient vacation rentals: Bill 147 (Draft 2) on hosted and un-hosted rentals and Bill 197 on a temporary property tax amnesty are up for first reading; see Transient Vacation Rental Rules.

  • Waikoloa: Bill 186 (State Land Use District change) and Bill 187 (Draft 4, zone change for a proposed 400-unit multiple-family complex) are up for first reading; see Waikoloa Green Multifamily Rezoning.

  • Second or final reading: Bill 191 (Draft 3) on erosion and sedimentation control fines of up to $1,000 a day, and Bill 192 (Draft 3) on housing and homelessness property tax revenue; see Erosion and Sedimentation Control Enforcement and Housing and Homelessness Property Tax Revenue.

  • Other first-reading bills: Bill 154 (commercial parking lots and garages, see Commercial Parking Lots and Garages Zoning), Bill 193 (nonprofit grant eligibility, see Nonprofit Grant Eligibility and Board Compensation), Bill 195 (agricultural use assessment, see Agricultural Use Assessment Sunset Extension), Bill 196 (coffee pest subsidy, see Coffee Pest Subsidy Program Funding), Bills 199 and 200 (see Historic Place Marker and Moolelo Programs) and Bill 201 ($5,000,000 Kailua-Kona transit hub, see Kailua-Kona Transit Hub and Park and Ride).

  • Small district grants (Res. 707 to 713), a copier lease (Res. 715), a Merit Appeals Board nomination and an executive session referral on a civil lawsuit against the County also appear.

  • The four bills in the testimony folder are indexed on October 21 Council Bills Under Testimony.

Agenda

Opening: invocation, call to order, roll call, pledge, petitions and certificates, statements from the public on agenda items, approval of minutes of July 23 and August 5, 2026.

Reports: GOEAC-164 (Comm. 1107), nomination of Annette Aiona to the Merit Appeals Board; Council confirmation required by October 31, 2026.

Resolutions:

  • Res. 694-26: intergovernmental agreement with HUD for a $1,892,000 grant for the Kukuiola Supportive Housing project in North Kona (Comm. 1094; Matt Kaneali'i-Kleinfelder by request; companion Bill 198).
  • Res. 707-26: $3,000 grant to Action 4 Animals Hawaii for its community dog wellness program (Heather L. Kimball).
  • Res. 708-26: $4,000 grant to Hiki Ola for its Lau Na Maka Hui community meetings (Holeka Goro Inaba).
  • Res. 709-26: $1,000 grant to the Island of Hawai'i YMCA for Keep the Lights On: Safe Nights at the YMCA (Ashley Lehualani Kierkiewicz).
  • Res. 710-26: $5,000 grant to Friends of Hale 'Olu'ea Clubhouse for a community mental health resource event (Kierkiewicz).
  • Res. 711-26: $1,000 grant to the GG Foundation for the Mahalo Teachers event (Kierkiewicz).
  • Res. 712-26: $5,050 grant to 'O Ka'u Kakou for the 3rd annual kalo festival (Michelle Galimba).
  • Res. 713-26: $1,000 grant to North Kohala Community Resource Center for the Kohala Resilience Hub's keiki Christmas toy drive (James E. Hustace).
  • Res. 715-26: five-year lease of two multifunction copiers for the Office of the Corporation Counsel, about $9,600 a year (Kaneali'i-Kleinfelder by request; Finance Committee review waived).

Bills, first reading:

  • Bill 147 (Draft 2): transient accommodations (hosted and un-hosted TVRs), with Comm. 806.9 from Council Member Kimball, "B&B Hosting Scenarios in SLU Agricultural District"; see Transient Vacation Rental Rules.
  • Bill 154 (Draft 2): commercial parking lots and garages; see Commercial Parking Lots and Garages Zoning.
  • Bill 186: State Land Use District change, Agricultural to Urban, at Waikoloa (portion of TMK 6-8-002:016); see Waikoloa Green Multifamily Rezoning.
  • Bill 187 (Draft 4): Waikoloa Village district zone change, 14.868 acres, applicant Waikoloa Green LLC, proposed 400-unit multiple-family complex.
  • Bill 193: nonprofits with compensated board members ineligible for County grants.
  • Bill 195: one-year extension of the nondedicated agricultural use assessment sunset.
  • Bill 196: $150,000 State grant appropriation for the coffee berry borer and coffee leaf rust pesticide subsidy program.
  • Bill 197: temporary property tax amnesty for certain hosted TVRs.
  • Bill 198: $1,892,000 federal grant appropriation for Kukuiola Supportive Housing.
  • Bill 199: historic place marker program.
  • Bill 200: mo'olelo interpretation program.
  • Bill 201: adds the $5,000,000 Mass Transit Agency Kailua-Kona Hub and Park and Ride Facility to the capital budget (2/3 vote of the entire membership required).

Second or final reading: Bill 191 (Draft 3), erosion and sedimentation control; Bill 192 (Draft 3), real property tax revenue for housing and homelessness (both first read October 7, 2026).

Executive session referral: Comm. 1123, a civil lawsuit against the County (Case No. 3CCV-21-0000198); attorney-client consultation requested by Deputy Corporation Counsel Ryan K. Thomas, including settlement discussion.

Closing: other business, announcements, adjournment.

Sources

Video

Watch the video

Transcript

*These are auto-generated captions; names and numbers may be misheard.

Transcript

01:43Oh

02:37Okay, staff, are we ready?

02:41>> Okay, good morning everyone.

02:44Today is October 21st, 2026.

02:48It's 51 the 51st session and we're at

02:51the West Hawaii Civic Center. The time

02:54is

02:569:01 a.m. Okay. Right now, can I have um

03:04Rabbi Levi Gerinski from Chabad Jewish

03:09Center to give the inov invocation.

03:13Thank you.

03:21Almighty God, when you created the

03:24world, you deliberate deliberately made

03:27it imperfect

03:29so there would be room for people

03:31created in your image to improve it.

03:34Every time a person betters the world,

03:36he becomes your partner in the ongoing

03:39project of creation with the ultimate

03:42goal of a perfect world that will

03:44acknowledge your sovereignty and live

03:47under your rule. You know the heart of

03:50each person and you know that each

03:52council member seeks to make a better

03:54Hawaii for all, thus bringing your

03:57creation a bit closer to perfection.

04:01Almighty God, please bestow upon the

04:03leaders of this big island the wisdom

04:06and understanding to continue in the

04:08path of justice and goodness. Bless

04:11these individuals elected by the people

04:14in whom faith and confidence have been

04:16placed to legislate laws and make

04:19decisions that will affect the lives of

04:20their citizens. Let them recognize that

04:24it is not only a great honor and civic

04:27responsibility

04:28but but a holy endeavor as well.

04:31Almighty God, grant these assembled here

04:36awareness of your presence as a one and

04:38only God. And may we continue to prosper

04:41with the message of freedom and may we

04:43bring justice and kindness to all. May

04:46we merit the coming of the final

04:48redemption speedily in our days. and let

04:51us say amen.

04:55>> Thank you very much.

04:58>> Okay, let's call this meeting to order.

05:00Mr. Clerk, roll call.

05:02>> Council member Gmba

05:04>> here.

05:05>> Council member Huis,

05:06>> present.

05:08>> Cherry Naba.

05:10Council member Kagiada

05:12>> here.

05:12>> Council member Connley Kleinfelder

05:14>> here.

05:15>> Council Kirkowitz,

05:16>> present.

05:17>> Council member Campbell

05:18>> here. Councelor Viegas,

05:21>> Vice Chronishi

05:22>> present.

05:23>> Okay. Vice Chronishi be acting as chair

05:25today. Correct.

05:26>> Okay. Thank you, Mr. So you have seven

05:28members present. You have quum.

05:29>> Okay. Thank you, Mr. Clerk. Can you lead

05:31us in the pledge of allegiance? For

05:32those who cannot stand, you can you

05:34remain seated. Thank you.

05:43>> United States of America and to the

05:46stands. One nation under God,

05:49indivisible, with liberty and justice

05:52for all.

05:55>> Thank you, Mr. Clerk. Okay, Mr. Hustes

06:01presentation.

06:05>> Thank you, Vice Chair Onishi. Um, I have

06:08the privilege this morning of of

06:10recognizing our Hav award recipient for

06:13October 2026.

06:15Uh, vice chair, we need just a couple

06:17minutes for this for this matter,

06:18unfortunately.

06:19>> Sure.

06:20>> Okay. Apologies. Should we come back to

06:21this at some point then in five minutes?

06:24>> Okay. So,

06:26Mr. Clerk,

06:29we will take the statements

06:32from the public and then we can

06:34>> we can begin that process and then um

06:37>> then come back.

06:38>> Yes. When when um it's okay. The person

06:41is available. Yes. As long as uh that's

06:43okay with the rest of the council.

06:45>> Is it okay? Okay. Thank you. Okay. For

06:49the public for testimony for today,

06:51we'll be taking two minutes per per

06:54item. So, as [snorts] you change over,

06:57please let um let the clerk know that

07:00you are switching to the next item.

07:03Okay.

07:04Okay.

07:06Mr. Arelli, can you proceed and I'll

07:08follow your lead.

07:09>> Thank you so much, Mr. Clerk. With that

07:12being noted, chair, we have one

07:14testifier in POA along with the number

07:17of testifiers we have via Zoom and here

07:19in the Kona chamber. So, what we'll do

07:20is we'll start in uh POA, transition to

07:24two Zoom testifiers, then to two here in

07:26Kona before redoing that cycle. With

07:29that being said, Gloria, if you could

07:30please start us off with your testifier

07:32in POA, please.

07:34>> Good morning everyone. We have Corey

07:37Kazy here with Locahi Treatment Center

07:40commenting in support of bill 192 draft

07:443. Please restate your name for the

07:46record. You have two minutes. Corey Poy.

07:49Aloha. Members of the Hawaii County

07:51Council, my name is Corey Pausy and I

07:53serve as director of operations for

07:55Loahi Treatment Centers. I am testifying

07:58in strong support for bill 192 draft 3

08:01extending the homelessness and housing

08:03fund through 2029.

08:06At Lukahi, we see firsthand how

08:08homelessness, substance use, mental

08:10health challenges, and housing

08:12instability are connected, and many

08:14individuals we serve are not yet living

08:17on the streets, but are at risk of

08:20becoming homeless. Some are temporarily

08:23staying with family or friends where one

08:25crisis could leave them leave them

08:27without shelter. Through this fund,

08:31Lokai has integrated housing

08:33stabilization and homelessness

08:35prevention into our treatment services,

08:38helping individuals focus on recovery,

08:41find employment, and rebuild family

08:43relationshipships, and work toward

08:45permanent housing. The strength of this

08:48fund is the coordinated system of care

08:52that it supports. No single agency can

08:56address homelessness alone, and our

08:58Nonprofit organizations work together to

09:01connect individuals with housing,

09:03treatment, and essential support

09:05services.

09:07Disrupting one part can impact others

09:11because housing does support recovery

09:13and recovery supports housing.

09:17Bill 192 draft 3 provides a responsible

09:20path forward and it preserves essential

09:22services while allowing the council time

09:25to review the audit and make informed

09:28decisions. Most importantly, it allows

09:30organizations like Wuhai to continue

09:33helping individuals before they become

09:35homeless, supporting lasting recovery

09:38and housing stability here on Hawaii

09:40Island. I respectfully urge your support

09:43for bill 192 draft 3. Mahalo for your

09:46time and consideration. Thank you.

09:52>> Thank you so much to our testifier in

09:54POA. [clears throat] Up next, we'll take

09:56two Zoom testifiers. For our Zoom

09:58testifiers, again clarifying, you'll

09:59have two minutes. At the when you have

10:0230 seconds left, you should hear a bell.

10:04And then at the end of your two minutes,

10:06we will move forward with the next

10:07testifier. With that, our first Zoom

10:10testifier is Dell Otsuka testifying on

10:12bill 147 and 197 to be followed by Grace

10:16Bastuk. Dell, when you're ready to

10:18begin, please introduce yourself and

10:19you'll have two minutes per agenda item

10:21if you can clearly transition. If not,

10:23it will be two minutes total. Thank you.

10:25>> Okay. Thank you. I'm here today again to

10:27give oral testimony and opposition of

10:30bill 147. In short, the county is

10:32intentionally shifting the goalpost from

10:34changing the legal definition over short

10:36term from 30 to 180 days. County claims

10:40that close enforcement loopho to close

10:42enforcement loopholes, but in reality,

10:45it creates a net that traps compliant

10:47local residents and operators and does

10:50nothing to address the illegal

10:51operators. Protecting local housing

10:54inventory.

10:57How blind is this? It will do just the

10:59opposite. comparing oceanfront condos or

11:01ohana unit will not suddenly become a

11:04long-term rental.

11:06Also claim to create a unified legal

11:09framework. This completely erases the

11:11critical distinction between a

11:13commercial off island investor buying up

11:15entire divisions subdivisions and a

11:18local resident resing out a spare room.

11:22Also, county claims that complying with

11:25state mandates and tax codes, the tax

11:27the state tax code is designed to

11:30collect revenue, not to dictate county

11:32land use or community housing needs.

11:35Using a tax state tax definition as an

11:38excuse to override local zoning

11:40oversteps the county's core

11:41responsibility. Also claims establishing

11:44clear evidence standards. This

11:46completely strips property owners of due

11:49of due process.

11:52also claimed that funding the

11:54enforcement infrastructure. The county

11:56is forcing law-abiding permitted

11:58operators to financially subsidize the

12:00policing of their illegal competitors.

12:03If the software is as as effective as

12:05the planning department claims, the

12:07county should fund its department by

12:09aggressively finding the actual illegal

12:12operators. Also claim to mitigate

12:15neighborhood nuisance. The county

12:17already has noise ordinances, traffic

12:19laws, and parking codes on the books.

12:21They have failed to enforce existing

12:23basic county codes for decades. Passing

12:25a bill does not magically create

12:27enforcement. It just adds a secondary

12:29layer of redundant bureaucracy that only

12:32punishes the operator.

12:33>> Miss Tuka, the first two minutes are up

12:35if you'd like to transition. If not,

12:36will you can move on?

12:38>> Transition to

12:41>> I apologize.

12:45transitioning to

12:46>> bill 197.

12:49>> Uh, no.

12:51>> Okay. Well, thank you for your

12:53testimony. Our next testifier will be

12:55Grace Bostic, testifying on bills 186

12:58and 187. Grace, when you're ready to

13:01begin, if you could please unmute,

13:03introduce yourself, and you'll have two

13:04minutes per agenda item. If you can

13:06clearly transition, if not, it will be

13:07two minutes total.

13:10>> Hi, my name is Grace Bosto. Thank you,

13:12council members, for meeting this

13:13morning. Um, I will begin my testimony

13:16against bills 186 and 187. I'm going to

13:20keep it quick. Essentially, my qual with

13:22this project is how underresarched it

13:24is. Um, the we have not done an

13:28environmental impact report for bills

13:31186 and 187. The Waloa Greens project is

13:35underresarched and the idea that we are

13:37going ahead with the new development

13:39without having done a proper

13:42environmental impact research report or

13:44without properly informing the Himea

13:47residents where our aquafer water will

13:49be used and will be diverted to. We are

13:52currently under a notice to use less

13:55water um since the storms happened on

13:58Big Island and we have not had with the

14:02ongoing Oly Farms development. We have

14:04not had a reliable

14:09information gathered regarding

14:12how sustainable our YA aquifer is for

14:15these larger developments.

14:18Um,

14:20sorry, pardon me.

14:23Another qual with this project is the

14:25fact that no secondary

14:29sorry that no secondary evacuation route

14:31will be built from Waloa. We've we've

14:34seen in the past with uh sudden fire

14:37evacuations the bottleneck that has

14:39caused Waloa. uh the with Iron Man last

14:43week, we can see that those roads are

14:46not as well manned as they should be and

14:49that people can very easily get trapped.

14:52Um

14:53under the Hawaii Environmental

14:55Protection Agency, a Environmental

14:58impact research report is required. I am

15:01appalled at my council member James

15:03Hustus who I voted for who claims to be

15:06supporting supporting the Ya community

15:09at large who has

15:13decidedly

15:15supported these two bills without

15:19so thank you so much for your testimony

15:22and with that we can come to Kona for

15:24our next two testifiers

15:26>> uh Visali Hankin Tolantino please come

15:28forward by testimony on bill 92 and

15:31Arlene Larura, please come forward by

15:34testimony on bills 186 and 187.

15:40Miss Tolantino, please proceed when you

15:43are ready and start by introducing

15:44yourself. You'll have two minutes and

15:46you'll hear that bell at the 30 second

15:47warning. You just have to push that

15:49button on the microphone with the green

15:52sticker on it and you are good to go.

15:55Hi, my name is Visa Elie Hankin

15:57Tolentino and I go by the name of Elely.

16:01I myself is a justice live experience

16:04person. I am here to represent Recovery

16:07of Hawaii and my partners who are who

16:12are in need of this assistance. We've

16:15been operating Transition Housing for

16:17Men for almost three and a half years.

16:20I'm here because I don't want the

16:22funding to stop and also um we have to

16:26think about the men and women that are

16:28coming out from incarceration that needs

16:31homes. These funds can be used for women

16:35for detox. We don't have a detox

16:38for women here in Hilo or the big

16:41island. Also for the youth, you know,

16:44I'm going to tell you a little story

16:46about the youth. My granddaughter had to

16:49be flew fly out to Honolulu at this

16:52place called Serenity Homes for the

16:55youth and um she was away from us for

16:59two years. She's back now. But you know

17:03this is the big island. We need

17:05facilities for the youth. Also we need

17:09moms and babies facilities too. when

17:12they coming out from prison, they got to

17:14unify with their children and it sucks

17:18because they have to go to foster care.

17:21We want them to connect with their

17:23parents. They made a mistake and you

17:27know it's up to us to help them. Thank

17:30you for letting me share.

17:32>> Thank you for your testimony. Miss Rua,

17:34please proceed.

17:36>> Aloha, chair. Good morning, council

17:37members. My name is Arlene. I'm also go

17:40by Lonnie Larua. I'm president of the

17:43Waloa Village Association and I'm

17:46speaking for more than our 3,000

17:48members. I'm also the founding pastor of

17:51Abundant Life Ministries and a volunteer

17:54Hawaii Police Department chaplain

17:56certified in mental health first aid.

17:59Though today I do not speak for the

18:01department. Four generations of my

18:04family call Walo home. myself, my

18:07children, my grandchildren, and now my

18:09great-grandchild.

18:11We support housing. Our kei, our capuna,

18:14and the people who work here need places

18:16that they can afford. My own family is

18:19among them. But more than 7,000

18:22residents depend on one public road in

18:24and out, backed by only a gated,

18:28one-lane emergency route. We have lived

18:30what that means. In August 2005, nearly

18:345,000 of us were ordered out and my

18:36family fought the fire with garden

18:38hoses. [snorts]

18:40In 2021, during the Monroe fire, some

18:43family sat in traffic for two hours.

18:46This July at the other fire, we stayed

18:48to help communicate if there was going

18:51to be a an evacuation.

18:54As a police chaplain and a pastor, I sit

18:57with residents still carrying the trauma

19:00of those evacuations.

19:02Families who sat in gridlock watching

19:04smoke come closer. Capuna who could not

19:06move quickly. Kiki who now panic at the

19:09smell of smoke. Post-traumatic stress is

19:11real in our community and it was made

19:13worse because there was only one way

19:14out. The county's July study suggested a

19:17second road might not shorten

19:19evacuation, but in a real fire, those

19:22roads are closed. Every new home built

19:24without a second arterio road adds more

19:27families to that route and to that

19:28trauma. Our position is simple. We can

19:31support new development once there is a

19:33funded scheduled commitment to a second

19:36arterial road, not another study on a

19:38shelf. So until then, I respectfully

19:41respectfully ask you to defer these

19:43bills. My family has given four

19:45generations to Waloa. I want the fifth

19:48to grow up here safely.

19:49>> Thank you.

19:50>> Please help us be safe.

19:51>> Thank you for your testimony. Chair vice

19:53acting chair onishi would like to

19:54proceed with a presentation the havo

19:56award.

19:57>> Yes right now we will stop on testimony

19:59and do our presentation. So go ahead

20:01council memberis.

20:03>> Thank you vice chair. I appreciate the

20:05time and appreciate the opportunity to

20:06present uh this month's October Havo

20:09award. Uh joining us today we have

20:11assistant chief Aman Wilkins and captain

20:15hanoa. Please join us up in the front.

20:16And I'd love to give assistant chief you

20:19some time to really share about Captain

20:21Huno and his service here with the

20:22department. Thank you.

20:25>> Just if you could turn it back on.

20:27Sorry. Sorry. Good morning. Thank you

20:28for this opportunity. Um this is Captain

20:31Pernel Hanoa. He's assigned to our Cahoo

20:33District. Um he's been in the department

20:36for about 21 a little over 21 years.

20:38He's worked out there as the captain. Uh

20:41he's been the lieutenant out there. He's

20:42been a sergeant out there. and he's been

20:44a patrol officer out there. Uh,

20:46additionally, he's also worked here in

20:48Kona as a detective in the criminal

20:49investigation section and the juvenile

20:51aid section. I think that's all of his

20:54assignments. Um so as you all know the

20:56devastation that um occurred on this

20:58island uh particularly in the Cahou

21:01district on um August 15th, Hurricane

21:04Lala. Um yeah, we're here today just to

21:08to document or just to um you know talk

21:12about how uh Captain Hanoa who managed

21:15the district, how well he did it um

21:17under the under the circumstances. I

21:19don't know how many of you have had an

21:21opportunity to go out there and see the

21:22district in person since um since the

21:25storm. Um we've all seen videos and

21:27photos, but unless you've seen it in

21:29person, um it's it's hard to um really

21:32um fathom the the damage, the

21:34destruction that's been out there. Um

21:38Captain Hoa lives out in the district.

21:40You know, not every officer lives in the

21:42the district where they work. Um so he's

21:44got a special connection with the

21:45district. Um he's lived there with his

21:48who's here today for for quite some

21:50time. He grew up out there and so he's

21:53got a special connection with the

21:54community, not just being a, you know,

21:55police officer out there and the leader

21:57of the district, but also um you know,

21:59his friends and neighbors and family

22:00live out there as well. Um obviously um

22:04the effects of Hurricane LA were um much

22:08worse than than you I think maybe we

22:11anticipated. you know, a lot of storms

22:13come close to the island and a lot of

22:15times we get very lucky and they kind of

22:16just, you know, um, you know, kind of

22:19pass us and we get minimal effects, but

22:21this one was the real deal. Um, and like

22:25I said, I mean, the the district was was

22:27devastated and they'll be recovering

22:29from it for a long time. His uh

22:31leadership out there during these trying

22:33times was was remarkable. Um, you know,

22:36we me and Major Valera would check on

22:38him, you know, periodically a couple

22:40times throughout the day. And I mean,

22:42the guy never guy was as cool as he

22:45could be. Um, never sounded stressed

22:47out. Basically said he had everything

22:49everything under control. If he needed

22:51any assistance with anything, he let us

22:53know. Um we did send extra manpower out

22:56there because one of the big issues with

22:57all the road uh destruction and road

22:59closures is um a good portion of the

23:02officers who were assigned to the

23:04district actually live in Hilo Puna and

23:06Volcano. So um getting those officers

23:09for a couple days was very to the

23:11district was very challenging. They

23:12actually had to go over Saddle Road

23:14through Kona to get there. Um and um we

23:18actually had a couple officers, you

23:20know, who got stuck out there, but um

23:22you know, just generally speaking about

23:24Captain Hanoi, he's done an outstanding

23:26job out there through this uh storm and

23:29and otherwise. And um you know, about a

23:32week after Hurricane Lala and you know,

23:36trying to get trying to get everything

23:38squared away, then we had to start

23:39preparing for um Hurricane Mo, which was

23:42headed headed our way. Um, one last

23:45thing, um, you know, not not only does

23:48Captain Huno work in the district and

23:50live in the district, but, um, he was

23:52also without, um, electricity and water

23:55at home for for over a week, which

23:57obviously we all know, you know, you go

23:58to work all day, you want to go home and

24:00take a hot shower and have a hot meal,

24:02you know, with your family. And that was

24:03also something um, you know, that he

24:06didn't have the the luxury of having for

24:09for a little while. So, um, he just did

24:11an outstanding job. And I I thank you

24:13guys for this opportunity and this

24:15recognition of him.

24:16>> Thank you chief. I just also want to

24:18recognize captain your families here in

24:19the chambers with us. We have your wife

24:21Alani and your Kiki Umi and Na. Correct.

24:25So

24:26>> so captain if you would like to share a

24:27few words please make sure you press

24:28your button there and uh share what

24:30you'd like to with the council today.

24:32Thank you for joining us.

24:33>> Uh well uh first and foremost uh like

24:36the assistant chief mentioned uh thank

24:38you guys. Uh, this is a real honor for

24:41me. Um, I'm usually used to, you know,

24:45maybe nominating and recognizing

24:46officers that work under me that I

24:49believe deserve recognition for a good

24:51work they do. Um,

24:54so this is not something I'm used to

24:56being in this seat now. But uh uh

24:58regarding you know the the reason why

25:00I'm here and more specifically uh the

25:03efforts that were put towards uh

25:05safeguarding and doing the best job we

25:07could uh during and after the hurricane.

25:10Um not to sound cliche about this but um

25:14again it's a it's a true honor to to

25:16receive this but I'd also like to make

25:18it known that it's not it's not just me.

25:21Something that I I'm going to receive

25:23and uh I just want to give credit where

25:25credit's due. And this was truly truly

25:28accomplished. The obstacles that we

25:29faced and had to overcome was truly the

25:32result of of the teamwork. Um I'm

25:35blessed to have, you know, good men and

25:37women Hawaii Police Department uh

25:39specifically with the Naku Patrol

25:41Division that showed up every day and

25:43selflessly did the best they could uh to

25:45help the community that they sort of

25:47serve and protect. And um that's

25:51basically what I what I have to say.

25:53>> Thank you, Captain. I appreciate those

25:55words. Before I pass it over to my my

25:57colleagues and uh present the award to

25:59you, I just wanted to share some remarks

26:01here in terms of what what the

26:02certificate kind of notes about your

26:04career and your work in community. Um,

26:07Captain Hanoa is a 20-year veteran with

26:10the Hawaii Police Department. You were

26:11born and raised in Caou, and you have

26:14dedicated your career to protecting and

26:16serving the community that you call

26:17home. And throughout your career, you've

26:20received you've served in numerous roles

26:22as chief has mentioned on patrol,

26:25criminal investigations, and the

26:26juvenile aid section before you became

26:28the captain of the Caou district.

26:31What stands out about Captain Hanoa is,

26:33you know, not only your commitment to

26:34public safety, but as you shared, you

26:36know, your leadership and your

26:38appreciation of those you serve

26:39alongside.

26:41Over the years, you've made it a point

26:43to recognize the accomplishments of your

26:45fellow officers, highlighting their

26:47character, their compassion, and their

26:49dedication to their community. And that

26:51speaks volumes about the leader you are

26:53in community. So, mahalo. And of course,

26:56during Hurricane Law, as was shared with

26:57us here this past August, Captain

27:00demonstrated those same qualities under

27:02extraordinary circumstances. you know,

27:04despite your own family, you know, being

27:07impacted by the storm, you continued

27:09leading your officers, going door to

27:11door to check on residents and helping

27:13community throughout this difficult the

27:15difficult conditions.

27:17And then just days later, you and your

27:19officers preparing for other approaching

27:21storms. So, your steady leadership, your

27:24compassion, and your deep connection to

27:26the people of Caou truly embody the

27:28spirit of the Hava Award.

27:31So on behalf of the Hawaii County

27:32Council, we'll present this, but I'd

27:34love to share the floor with my

27:36colleagues if they have any other

27:36remarks at this time.

27:43[clears throat]

27:44>> Congratulations, Captain Hanoa. Um,

27:48yeah, we've known each other quite a

27:50while and yeah, it's just it makes me

27:52happy to see you getting this award.

27:54It's, you know, very very much deserved.

27:57Thank you for making the trip or your

27:59family making the trip here. Um

28:04it's uh you can't even say how deep your

28:07family's roots are in Cahoo. I mean it's

28:11you are Caou like blood and bone and

28:14everything. And uh

28:18so

28:20I know that you like so many have really

28:23suffered through these hurricanes to see

28:26what happened to our like wohino where

28:29we live and other places. Um so I just

28:34wanted to say recognize that and we've

28:37but we've we've come through and I think

28:40we're slowly healing.

28:43It's very nice not to have a hurricane

28:45every week so that you can start to

28:47heal. [laughter]

28:49Um, thank you so much for your your

28:52steady leadership. We we experienced

28:55things that are hard to really explain

28:57to people who haven't um been there. Um,

29:02but

29:03I know we're going to come out of it and

29:07share some of our experiences so that

29:10people can be better prepared for these

29:12kinds of events that may come again.

29:16Thank you so much to you and your

29:18family.

29:23>> Council member Kirkwood.

29:25>> Thank you, Council Member Hustus. Um,

29:27Captain, you said it's an honor to

29:29receive the award, but really it's an

29:32honor for the council to present it to

29:34you. Um, I I can't even underscore

29:39the fact that you were you and your

29:41ohana were survivors of a devastating,

29:45life-changing event.

29:47And in those fight or-flight moments,

29:50you chose to not only do your job, but

29:53go above and beyond to take care of the

29:56community of Caou. And that is

29:58incredibly significant because,

30:02you know, I represent the district of

30:03Puna. We went through the volcanic

30:05eruption

30:07and it's just in those moments of crisis

30:09where you really see what people are

30:11made of and you are salt of the earth

30:16kind of individual. So, thank you for

30:18going above and beyond to not only take

30:20care of your family and your neighbors

30:22but the entire community. I think the

30:25recovery work is going to be a very long

30:29undertaking. Um, but knowing that folks

30:32like yourself are in the department that

30:35are committed to being there and going

30:37to help shape that recovery, um, I think

30:40you guys are going to be more than okay.

30:42So, thank you. But also, mahalui to your

30:44family, to your beautiful wife and

30:46children for for being his rock, for

30:49being there, because you really do need

30:51a strong family unit to support your

30:54partner so that he can go out and give

30:56the very best to his community every

30:59single day. So, thank you. And again,

31:00congratulations.

31:02>> Thank you, Council Member. Appreciate

31:04that. Council Connley Kleinfelder.

31:06>> Thank you, Chair. Uh, thank you,

31:08Assistant Chief Wilkins and Captain

31:10Hanoa. Um, Assistant Chief, thank you

31:13for recognizing Cap and Captain, thank

31:16you for being here, what you did. Um, we

31:20we all experienced different

31:24repercussions of the storm.

31:26Um, what I saw a lot was and what I got

31:29a lot was phone calls letting me know

31:31that people were out of power. And while

31:34we in government strive to do everything

31:36we possibly can to make sure our

31:38communities are safe, ultimately I do

31:41see a disconnect between the people and

31:44the folks in government because the the

31:46automatic thought is everyone in

31:48government is fine. We all have a warm

31:50house. We all have power. We're all

31:52taken care of. But throughout the

31:54storms, I'm continuously reminded that

31:57our linesmen, our police officers, our

32:00civil defense folks, our firefighters

32:03[snorts] are responding to everything

32:04that's going on. All the emergencies,

32:08rain or shine, and yet when they go

32:10home, they don't have power, they don't

32:12have water, and they're just like

32:14everybody else. So, thank you for being

32:16so steadfast in your response to help

32:19community, as Miss Kima said, where you

32:22have a that's that's your ohana's home,

32:25but going back to your household, not

32:28even having hot water to take a shower

32:31and continuing to show up for your

32:32community. So, thank you. And then thank

32:34you, Fahana, for coming in today and I

32:36appreciate your resolve and your

32:38commitment to service for our community.

32:40Thank you.

32:42>> Thank you, Council Member Vice Chair.

32:44>> Thank you, Chair.

32:49Congratulations, Captain Hano. You know,

32:51it's really awesome to hear that you're

32:54born and raised in Cahoo in your

32:56community and you serving your district

32:59now. So, it's the most ideal. I think

33:02you knowing your community, you know

33:04where that whole district, right? So,

33:06you can really help them and it's not

33:08like someone from another area coming

33:11into there and learning all what the

33:13culture is and how the community works,

33:15right? So, I'm really happy to hear

33:18that. And now it's like just like you're

33:20giving back to your community and your

33:22district. So that's awesome. And to your

33:25family, thank you very much for your

33:26support. And hopefully they're athletic

33:29and they're playing in Hypal. [laughter]

33:31So

33:33I got to push that, right? But yeah,

33:36congratulations again. Thank you for all

33:38your hard work.

33:40>> Thank you, Vice Chair.

33:42Uh well, Captain Hanoa, you know, this

33:46really this really denotes and notes

33:49your many years of dedicated service to

33:50the department and your community and

33:52for the example you lead for your fellow

33:54officers. So, on behalf of the county

33:55council, thrilled to present this award

33:58for October 2026 to you. If all could

34:01join me in a sincere aloha and

34:04congratulations to Captain Hanoa and a

34:06hearty cheer. Mahalui.

34:21This this uh council meeting is in

34:23recess for about 10 minutes. [snorts]

34:43You should stay down there.

37:16papers.

37:19>> Well, no homework. I already did the

37:21homework.

37:41Mr. Cler, I'm going to call this meeting

37:43back to order and we can continue with

37:44our testimony. Go ahead.

37:53>> Thank you, Acting Cher Nishi. Mr.

37:55Aselli, please proceed with testimony.

37:59Understood.

38:02Chair, your next two testifiers will be

38:04via Zoom. The first of which is

38:08Hannah Preston Peta testifying on Bill

38:10192 to be followed by Michelle Stfan.

38:13Hannah, if you could please unmute your

38:15mic and introduce yourself. You'll have

38:17two minutes to provide your testimony.

38:24Aloha, Vice Chair Onishi and members of

38:26the county council. My name is Hannah

38:28Preston Pet of the Big Island Substance

38:30Abuse Council and I want to approach

38:32this testimony a little bit differently

38:33today. For me, Bill 192, draft 3 is

38:37really about protecting the capacity

38:38that has been built in our community. At

38:41BISAC, the fund has allowed us to

38:43respond to gaps that had existed for

38:45many, many years. We were able to

38:47strengthen social detoxification

38:49services and develop Mohalla Family

38:50Center so that individuals and families

38:53could access support before their

38:54situation became even more unstable.

38:57With the vision of moving forward with a

38:58female detoxification program due to

39:00recent need, BISAC continues to service

39:03the most vulnerable populations

39:04islandwide. What I have seen through

39:06this process is that the homelessness

39:08cannot be addressed by one program or

39:10one agency. People often need several

39:13things at once. treatment, housing, case

39:15management, basic nec necessities,

39:17behavioral health care, and someone to

39:19help them navigate what comes next. And

39:22behind every program or service is a

39:24person trying to re regain some

39:25stability in their life. Sometimes

39:28success is not immediate permanent

39:30housing. Sometimes it is complex or

39:32completing detox, re reconnecting with

39:35family, entering treatment, securing

39:37identification, accessing benefits, or

39:39simply taking the next step. Those steps

39:42matter because they are often what makes

39:43long-term stability possible. I also

39:47want to address accountability. There

39:48have been a lot of discussion in the

39:49community and I think it is important

39:51that those discussions are based on

39:52accurate information. In fact, we are

39:55currently undergoing a county audit at

39:56this time to demonstrate compliance and

39:58accountability. As funded organizations,

40:01we have ongoing reporting requirements

40:03and contractual obligations. BISAC

40:05always underos external financial

40:07audits, annual license l licensing,

40:09accreditation reviews, quality

40:10assurance, and other compliance

40:11processes. I support continued review,

40:14transparency, and improvement. But I

40:16also believe that we should recognize

40:18what has already been built and what

40:19could be lost if the capacity

40:21disappears. Can you imagine how our

40:23county will look without this funding?

40:25Who will take the lead if nonprofits are

40:26not able to do so? This fund has allowed

40:29our community to respond in ways we

40:30could not before. For that reason, I

40:33respectfully ask you to support Bill

40:34192, draft 3, and allow us to continue.

40:36>> Thank you so much for your testimony.

40:38Your two minutes are up, so we have to

40:40move on. Chair, your next testifier via

40:42Zoom is Michelle Stfanic, testifying on

40:44bills 186187.

40:46Michelle, when you're ready to begin,

40:47you can unmute yourself and you'll have

40:48two minutes to provide your testimony.

40:51>> Thank you. Aloha, chair and council

40:54members. My name is Michelle Stfonic and

40:56a resident of Woah village testifying in

40:59opposition to bill 186 and 187. The land

41:03the LAC has already forwarded this bill

41:06186 and un with an unfavorable

41:09recommendation. Rather than repeat

41:11concerns you've already heard throughout

41:13this process. I want to focus on what

41:15remains unresolved. Before changing

41:18additional land from agriculture to

41:20urban, we should know that Walawoa can

41:22safely support the cumulative growth

41:25already approved or being proposed.

41:28After 18 years, we still don't have a

41:30permanent second road that was already

41:32identified as a very high priority by

41:34the county back in 2008. If the Daniel

41:37K. Inui highway extension that

41:39Councilman Hustus brought up during the

41:41LAAC meeting on October 6 is being

41:44relied upon as part of the solution, we

41:46need to be clear about what it actually

41:48provides. First, it is not a guaranteed

41:51nearterm solution. HOT is still in the

41:55environmental review with construction

41:57currently projected between 2031 and

42:002035. More importantly, based on the

42:04alternative studies to date, it does not

42:06create a new independent directly exit

42:10directly from Waloa village. Residents

42:13would still have to leave the village

42:14using the same existing Waloa road

42:17before reaching it. If the county

42:19believes this future highway will

42:20materially improve Walo evacuation, then

42:24demonstrate that through a cumulative

42:26wildfire evacuation study first. include

42:30current residents, projected regional

42:32growth, realistic wildfire, road

42:35closure, and the proposed highway, and

42:37show us how much evacuation time it

42:40actually saves. I'm not asking one

42:43developer to solve Wolo's regional

42:46infrastructure problems. I'm asking the

42:48council not to authorize additional

42:50growth before government demonstrates

42:53the community can safely support it.

42:56Please uphold L the LL Lac's unfavorable

43:00res.

43:01>> Thank you so much for your testimony,

43:02Mr. Stefanic.

43:03>> The two minutes are up, so we're going

43:05to move on. Thank you so much.

43:07>> Yeah, I'm going to transition now to

43:10187. Is that okay?

43:11>> Yeah.

43:12>> Okay. For bill 187, I want to focus on

43:15whether the condition added to this

43:17project actually protects the entire

43:20community. Wildfire mitigation, water

43:23conservation, drainage requirements, and

43:26other conditions within Wallo Greens are

43:29positive steps, but they do not solve

43:31the regional problems. Water

43:33conservation within one development does

43:35not establish whether the Yha aquifer

43:38can sust sustain support uh current

43:42residents previously approved

43:44development white greens and future

43:46growth during the October 6 LAC meeting.

43:50The Commission on Water Resource

43:52Management told you there is not a

43:54completed and approved Yimea water use

43:57development plan that accurately

44:00establishes the aquafers authorized plan

44:03use. They also acknowledge limitations

44:06in tracking future demand from

44:08developments approved through county

44:10land use decisions and estimated current

44:13withdrawals together with potential

44:15withdrawals from the two non-reporting

44:18wells at approximately 91% of the

44:20aquifier's current sustainable yield.

44:23Before authorizing more demand, we need

44:26to not only we need to know not only

44:30what's being pumped today, but what has

44:32already been committed to for future

44:34developments. Additionally, Waloa school

44:37is has approximately 725 students with a

44:40capacity of 702. Additional housing

44:43means more students.

44:45Realistic wildfire evacuation for those

44:48students still remain unresolved. I'm

44:50not asking you to stop development. I'm

44:52asking you to sequence it responsibly.

44:55Complete the commun cumulative water

44:57analysis. Address school capacity,

45:00student evacuation, complete the commun

45:03cumulative wildfire evacuation study and

45:06establish an enforcable path towards

45:09adequate roadway infrastructure. Then

45:12add more residents. Please uphold the

45:14LAAC's unfavorable recommendation and

45:17vote no for bill 186 and 187 or defer it

45:21until the fundamental safety and

45:23resource questions are answered. Mahalo

45:26for the opportunity to testify.

45:28>> Thank you so much. And with that we can

45:30come back to Con.

45:32>> David Foster, please come forward to

45:34testify on bills 1861 187. And Donald

45:38Elder, please come forward testify on

45:40the same

45:46Mr. Foster, please press the button to

45:48activate the microphone. Start by

45:50introducing yourself.

45:52Please proceed.

45:56Uh, good morning, council. Um, my name

45:59is David Foster. I'm representing the

46:01wildfire safety advocates of Waloa. I

46:04want to uh read some excerpts from uh

46:07electronic testimony that we uh

46:09submitted. It doesn't replace or change

46:12anything in that document. I just want

46:14to highlight some of the sections that

46:16uh we call out. Wildfire Safety

46:19Advocates of Waloa wants to see new

46:22housing built in Waloa. Our community

46:25urgently needs homes that working

46:27families can afford. But families should

46:30never have to choose between an

46:31affordable home and their safety. They

46:33deserve both. This testimony is about

46:36how we get there. and we will work with

46:38anyone in common cause to do it,

46:41including Waloa Green. Waloa village has

46:44one way out. The county has called a

46:47second road a very high priority since

46:492008, and 2045 general plan designates

46:52the village as a high-risisk wildfire

46:54area. Bills 186 and 187 adds up to 777

47:00homes and lots to that same road. While

47:04has heard promises about a second road

47:06for nearly two decades, what it has not

47:08seen is a commitment that is written

47:10down, funded, and enforcable. Until that

47:13commitment exists, our positions on

47:15bills 186 and 187 can't remain

47:18unchanged.

47:20We are not asking for a finished road

47:22before a single new home is house is

47:24built, but we have to take first steps.

47:27And that's a journey we can't walk

47:29alone.

47:30We need you to be with us. Here are four

47:34necessary steps. Advance the $2.5

47:37million approved for a second road

47:39design and cost estimation. We can't

47:41make progress without clarity. Conduct a

47:44cumulative regional evacuation capacity

47:46and traffic analysis encompassing the

47:49entire Waloa community. We cannot

47:52understand the consequences of growth by

47:54evaluating each development application

47:56in isolation. I'm going to translate uh

47:58transition to 187.

48:01Develop an equitable regional funding

48:04plan with shared contributions from

48:06developers, commercial interests,

48:09major land owners, government, and

48:11residents and integrate wildfire safety

48:14into Waloa's zoning and permitting

48:16framework so future growth does not have

48:18to outpace community safety. Kauaii

48:21offers some possible models for that.

48:24These are intercon interconnected steps

48:27towards a safer, more resilient waloa.

48:29We are ready to do our part. We ask the

48:32council to join us in turning these

48:34steps into a practical plan of action.

48:38Our community should not have to choose

48:39between housing and the ability to

48:41escape a wildfire. With real commitment

48:44in place first, it won't have to. Mahalo

48:47for listening.

48:49>> Thank you for your testimony. Please

48:50proceed, Mr. Elder.

48:53>> Hi. Uh my name is Donald Elder. I'm live

48:56in Walawa Village. I'm speaking in

48:59opposition to bills 186 and 187. Um just

49:05first of all want to repeat how

49:07harrowing the uh evacuation from the

49:10Mona Road wildfire in 2021 was. The

49:15winds were strong, keeping helicopters

49:18out of action, and only a change in that

49:21wind enabled the firefighters to keep

49:24the fire from sweeping down through the

49:26community. Uh there were still people uh

49:29trying to exit the village 6 hours after

49:32the initial evacuation order went out.

49:35Um the uh general plan approved in June

49:39of this year clearly spells out the

49:42council's responsibility to avoid

49:45expansion of residential capacity before

49:49fire risk is definitively assessed and

49:52addressed. And I recommend that you

49:55support the committee's dis unfavorable

49:58vote on this issue. Thanks.

50:04Thank you for your testimony. Please

50:06proceed. Mr. Rose Ariselli.

50:10>> Thank you so much.

50:14>> Chair, your next testifier.

50:16Seems like there's an issue with our

50:18camera. Sorry. Our next testifier is via

50:21Zoom. Bob Bhorquiz testifying on Bill

50:25147 to be followed by Lester Estrella

50:27testifying on Bill 192. Bob, when you're

50:30ready to begin, if you could unmute your

50:32mic, introduce yourself, and you'll have

50:34two minutes.

50:40Bob, I just sent you a request to please

50:43unmute

50:44to provide your testimony.

50:48Oh,

50:51there you go. If you could click that.

50:54Sorry, we can hear you. We can see you,

50:56but we can't hear you. I'm asking you to

50:58unmute. if you could click that.

51:03Nope, we cannot hear you.

51:10We'll come back to you. In the meantime,

51:12we will try and take up less less

51:14Estrella. If you're ready to provide

51:15your testimony, please introduce

51:17yourself and you'll have two minutes.

51:20Hello,

51:20>> council members. I'm Les Estrella,

51:22president and CEO of Going Home Hawaii

51:24and convene the Hawaii Island going home

51:26consortium. I'm here in strong support

51:29of Bill 192 and the continuation of the

51:31homelessness and housing fund. I know

51:33personally what's at stake. I've been

51:35homeless. I've been involved in the

51:37justice system. 26 years ago, I got a

51:40second chance. There were people who

51:43believed in me and helped me move

51:44forward. Today, I'm in a position to

51:46help others. From January to June, our

51:49Hilo and Kona programs received 260

51:52referrals and helped 91 people secure

51:54housing. With HHF support, we've

51:57expanded our housing capacity to more

51:59than 120 beds islandwide. This means

52:02that someone has a place to sleep

52:04tonight, a place to get ready for work

52:06tomorrow, a chance to reconnect with

52:08family, for someone who has been living

52:10on the street or coming out of jail with

52:12nowhere to go. That can change

52:14everything. Our staff help people access

52:17treatment, find employment, and work

52:19through the problems that can put them

52:20back on the street. Our Justice

52:22Navigator reaches justice involved

52:24people in the downtown area before

52:26another crisis becomes another emergency

52:28room visit or another arrest. Office of

52:32Housing and Community Development and

52:34our nonprofit partners have built

52:35something together that our community

52:37needs. We need to sustain it. We support

52:40the audit. We welcome accountability.

52:43Let's use the findings to improve

52:44services while keeping people housed and

52:46supported. Continuing this funding gives

52:49us the ability to follow through with

52:50people. We cannot ask someone to commit

52:52to rebuilding their life while leaving

52:54the support they depend on uncertain.

52:56The need will continue beyond 2029.

52:59Let's use this extension to build a

53:01dependable funding plan 40 years ahead.

53:03>> Seconds, please.

53:04>> Please pass bill 192. Mahalo.

53:07>> Thank you so much for your testimony. At

53:10this time, if we could go back to Bob.

53:11Bob, if you could unmute. I just sent

53:13you a request to unmute. If you just

53:15click that, you should be able to unmute

53:17at this time.

53:25Unfortunately, it Oh, there it goes.

53:27Seems like we can hear you now. If you'd

53:29like to try, you can introduce yourself

53:31and you'll have two minutes.

53:33>> Sorry. I had um inform them that I would

53:36be using my husband's tablet. So, I'm

53:38I'm Julie Elias and I'm uh testifying on

53:42Bill 147 today. Um, my husband and I

53:46operated a hosted transient vacation

53:48rental on Kohala Ranch, which is zoned

53:50agriculture. We decided to rent out a

53:53portion of our home to help us meet our

53:55monthly home expenses. Due to increasing

53:58costs, the dis the decrease in Hawaii

54:00tourism, and the high increase in

54:02property taxes that we must now pay

54:05because we operate a TVR, our net profit

54:08was only $1,000 in 2025,

54:12which is a substantial reduction in the

54:14amount we previously earned. This amount

54:16of money is hardly worth going through

54:18the registration process, the SUP

54:20process, and the associated fees we will

54:23be be required to pay. Therefore, we are

54:27considering terminating our TVR

54:29business. I do not think that the county

54:31intended to put people out of business

54:33that are just trying to make ends meet

54:34in a very expensive state in which to

54:36live. However, this is the result of the

54:39ownerous and expensive process. If we do

54:42decide to continue renting, the special

54:45use permit process is our primary

54:47concern. It's unclear to us if we need

54:50an SUP, how much obtaining an SU will

54:53cost, how long it will take, and whether

54:55we can continue to operate our rental

54:57while we undergo this process. We would

54:59like to know which application on the

55:01county website we would need to

55:03complete. Is it the SUP for bed and

55:05breakfast even though the term bed and

55:07breakfast no longer applies to our

55:09rental? Please clarify this in the bill

55:11so that we have a clear process to

55:13follow. We believe that operators with

55:16pre-existing rental should have an

55:18easier

55:20>> and cheaper method to obtain the SUP.

55:24>> Higher cost could potentially put us out

55:26of business. So, please make clear

55:30definitions and a clear permitting

55:32process pathway.

55:35Thank you.

55:36>> Thank you so much for your testimony. We

55:38can come back to Kona for our next

55:39testifier. Ania Null, please come

55:42forward by testimony bill 147. And

55:45Kathleen Keane, please come forward by

55:47testimony bill 186187.

55:51Yes. No. Okay, your microphone is

55:53activated. Just get a little bit closer

55:54so make sure we can hear you. Please

55:56proceed and start by introducing

55:58yourself.

56:00>> Good morning. My name is Ana No and I

56:02live in Kona. I'm here today because I'm

56:05worried. I was born and raised in a

56:07communist Poland, families and tourist

56:09area, rented rooms to the visitors,

56:12helping support their household. Isn't

56:15it ironic that even in under that

56:18system, ordinary people could rent rooms

56:20to travelers? They weren't treated like

56:23a commercial businesses or subject to

56:25overregulations.

56:27I came to America believing in a private

56:29property, personal responsibility, and

56:32the freedom to earn a living. That's why

56:35Bill 147 troubles me. My husband and I

56:38both work full-time jobs. The income

56:40from the hosted rental is not a luxury.

56:44It helps keep us keep our home. I

56:47respectfully oppose Bill 147 limiting

56:50hosted rentals to one unit. Takes away

56:53my property rights. I have two small

56:56separate rooms with bathrooms that are

56:58not suitable for long-term rentals. More

57:01importantly, the bill assumes

57:03restricting hosted rentals will create

57:05affordable housing. Let's be realistic.

57:08Over the last several years, property

57:10taxes, insurance, and other ownership

57:12costs have increased dramatically. Our

57:14modest home value went from 400 to 1

57:17million in this market. The mortgage

57:19expenses are 5,000. Insurance 1,200 a

57:22month. Property taxes went to 1.4 uh to

57:2613,000. utilities.

57:29This the math simply doesn't work. It

57:31will not it's not worth anymore. The

57:33county assumes every vacation rental

57:35removed from the market will become

57:36affordable housing. That simply isn't

57:38true. Many properties will be likely

57:40sold to somebody else. My rentals

57:44support local jobs. I hire cleaners,

57:46landscapers, and maintenance workers.

57:49The income stays in this community. The

57:52claim that hosts do not pay taxes is

57:54simply not true. You cannot list a

57:57property on Airbnb without a GE tax. In

57:59real re in reality, we are among the

58:02most heavily taxed property owners in

58:04Hawaii County. Thank you so much for

58:06your time.

58:07>> Thank you for your testimony. Is

58:08Kathleen Keane available?

58:14>> Hold on to that one and move forward to

58:15John Pelier for testimony on bill 147

58:20and 2011.

58:26Aloha, New Kako. Aloha, chair, members

58:28of the council. John Peliter, resident

58:30of Kona, and I'll start my testimony on

58:32bill 147. Uh, just providing comments.

58:35Uh, I wanted to mahalo the council for

58:37incorporating the amendments that were

58:39originally proposed by the Kona

58:40Community Development Plan Action

58:41Committee, removing RM and CN zoning

58:44from the list of allowable areas where

58:48uh unhosted short-term vacation rentals

58:49can operate. These amendments were

58:51supported by the planning department.

58:52both planning commissions and the Office

58:54of Hawaiian Affairs. So, I want to mahal

58:57you all for recognizing that broad

58:58support. And I know there's a lot more

59:01to work on with the bill. It's a big

59:03one. I hope we can come to a consensus

59:05on it and um get something passed that

59:08really works for the community. Uh

59:11transitioning to bill 2011. Um

59:13testifying in support of 2011. Uh,

59:16Council Member Viega said at the last

59:17meeting um how much how terrible the

59:22current park and ride situation is in

59:23Kona. It's frankly an embarrassment on

59:26our community. You know, there's no

59:29shelter. It's it's off streetet parking

59:32on street parking with no bus shelter in

59:35the hottest part of the island. I've

59:36taken the bus out of there and I've

59:37gotten sunburned. So, I think it's

59:40really great that Mass Transit is moving

59:41forward with a plan to create first the

59:45new park and ride facility to really

59:47correct that necessary thing and then

59:49continue to build up a hub, you know, as

59:52time goes on. Uh, we didn't get a lot of

59:54information at the committee meeting,

59:55but the location sounds great. Um, and I

59:58hope we will get some more information

59:59at this meeting. I'd just like to

1:00:01highlight that in the Kona community

1:00:03development plan, there's transportation

1:00:05policy 1.6, Six, the redevelopment of

1:00:08Kyua should include a plan to create an

1:00:10intraona transportation service with

1:00:12Kyua or Makao village as the hub or

1:00:15transit center and transportation action

1:00:181.6A is determine the location design

1:00:21and function of the major transit hub.

1:00:24The timeline on this was supposed to be

1:00:25about 15 years ago, so it's a little bit

1:00:27late, but better late than ever. And I

1:00:29really hope uh we can get some support

1:00:30on this and mass transit can move

1:00:32forward. So mahal for the opportunity to

1:00:34testify

1:00:35>> and thank you for your testimony. Please

1:00:36proceed. Mr. Arelli,

1:00:38>> thank you so much. Chair, your next

1:00:40testifier is via Zoom, Michelle Manalo,

1:00:43testifying on bill 192 to be followed by

1:00:46Linda Halbertter. Michelle, when you're

1:00:47ready to begin, please introduce

1:00:48yourself and you'll have two minutes.

1:00:50>> Thank you. Aloha Cherry Onishi and

1:00:53members of the Hawaii County Council. My

1:00:55name is Michelle Manalo representing

1:00:57Going Home Hawaii and I am here in

1:00:59strong support of bill 192 draft 3 to

1:01:03continue the homelessness and housing

1:01:05fund through June 30th, 2029.

1:01:08Through our work, we see firsthand the

1:01:10challenges individuals face when

1:01:12returning to our communities after

1:01:14incarceration.

1:01:15Many are trying to rebuild their lives,

1:01:17reconnect with their families, and find

1:01:20meaningful employment. Yet something as

1:01:22basic as having a safe place to call

1:01:24home remains out of reach. We hear from

1:01:28individuals who want nothing more than a

1:01:29second chance. Imagine being released,

1:01:32determined to do better, but having

1:01:34nowhere safe to sleep, no stable address

1:01:37to apply for a job, and no place to

1:01:39begin rebuilding your life. For many,

1:01:42this is the reality of re-entry.

1:01:45Housing is more than a roof over

1:01:46someone's head. It provides dignity,

1:01:49stability, and the foundation for

1:01:50lasting change. When people have access

1:01:53to housing and supportive services, they

1:01:56have a better opportunity to succeed. We

1:01:59recognize the importance of

1:02:00accountability, transparent reporting,

1:02:03and responsible stewardship of public

1:02:05funds. But reducing these critical

1:02:08services will not eliminate

1:02:10homelessness. It will only make the

1:02:12journey towards stability more

1:02:13difficult. At Going Home Hawaii, we

1:02:16believe that successful re-entry

1:02:17strengthens families, improves public

1:02:20safety, and builds healthier

1:02:22communities.

1:02:23>> 30 seconds, please.

1:02:25>> Thank you. I respectfully urge the

1:02:27council to support Bill 192, draft 3.

1:02:30Continue this essential funding through

1:02:32June 30th, 2029, and preserve the full

1:02:35continuum of care. Mahalo for your time

1:02:38and your commitment to our Hoy Island

1:02:40community.

1:02:41Thank you.

1:02:42>> Thank you so much. Our next testifier is

1:02:45Linda Halbrer. Linda, when you're ready

1:02:46to begin, please introduce yourself and

1:02:48you'll have two minutes.

1:02:50>> Aloha, council members. I'm Linda

1:02:52Halbrer. My husband and I are both in

1:02:54our 80s and have lived on the Big Island

1:02:57for 45 years. We raised our two boys in

1:03:00North Kohala. They graduated Kohala High

1:03:03School in 84 and 87. My husband is

1:03:06disabled and our vacation rental income

1:03:09is what helps us get along with get by

1:03:14along with our social security and small

1:03:16pension. We live on a fixed income and

1:03:19with the cost of everything going up,

1:03:21every dollar matters. I'm asking for you

1:03:24to please consider how Bill 147 will

1:03:28affect people like us who have worked

1:03:30hard all of our lives and depend on this

1:03:33income to stay financially secure. My

1:03:36first concern is the rule allowing only

1:03:40the TVV per prop only one per property.

1:03:44Many homes have separate bedrooms or

1:03:47living spaces that can be rented

1:03:49independently.

1:03:51We should be we should

1:03:55property be why should property be

1:03:58limited to just one rental when it has

1:04:01fewer than five bedrooms for us. This

1:04:04will cut our income in half. At our age,

1:04:07we cannot simply go out and find another

1:04:09job to make the difference. We need to

1:04:12we need you to responsibly limit the and

1:04:15allow existing rentals to continue

1:04:17operating. My second concern is the new

1:04:21requirements on vacation rentals on

1:04:23agricultural land. We have been

1:04:26operating paying tax

1:04:29>> and at tax and I understand the county

1:04:33needs the rules but those rules should

1:04:35not be fair to people who have been

1:04:38operating in good faith.

1:04:41I respectfully ask to reconsider these

1:04:45provisions in bill 147.

1:04:48>> Thank you for your testimony. We can

1:04:50come back to Kona for our next

1:04:51testifiers.

1:04:52>> As Lynn Chalker, please come forward by

1:04:54testimony bill 186187. And Martina,

1:04:59I'm sorry I can't read the last name.

1:05:01There's two Martinez. Raise your hand.

1:05:03If there's not, Martina, please come

1:05:04forward by testimony bill 147.

1:05:10Miss Chalker, please proceed. Start by

1:05:11introducing yourself. You have two

1:05:13minutes.

1:05:14>> Aloha, members of the council. My name

1:05:16is Alen Chalker. I'm here today to

1:05:19testify on bills 186 and 187. First, I

1:05:22want to be clear that I have nothing

1:05:24against this development or the people

1:05:26behind it. I am not here to say no. I'm

1:05:30here to say yes if.

1:05:33I understand the need for housing. We

1:05:35all know that housing is critical. But

1:05:38every new home adds more people and more

1:05:41cars to the single public road that

1:05:44serves Waloa village. That is currently

1:05:47not enough in an evacuation for the

1:05:49people who currently live there today.

1:05:53Yes, we have a new emergency route

1:05:55coming, but it is not enough. I implore

1:05:58you to see that adding growth before the

1:06:00infrastructure is in place continues to

1:06:03put the current residents in harm's way.

1:06:06So before this resoning can take place

1:06:08to pave the way for new development,

1:06:11Waloa needs a second road funded and

1:06:14planned. The county already has $2.5

1:06:17million allocated for the design and

1:06:20planning, but that money continues to go

1:06:22unspent. We need a cumulative impact

1:06:25study for the entire region, not one

1:06:28project at a time. There is tension

1:06:31between housing and safety on our

1:06:33island, but I have yet to see a plan

1:06:36that addresses the safety of the people

1:06:38of Waloa village. And until I do, my

1:06:41community and I will keep speaking up

1:06:43for the people who live there now and

1:06:45the families who will move there next.

1:06:47Please vote no or defer these bills

1:06:50until the risk is reduced so we can all

1:06:52get out. Mahalo.

1:06:54>> Thank you so much.

1:06:58[clears throat] Aloha chair and council

1:06:59members. My name my name is Martina Wing

1:07:02a big island resident for over 25 years

1:07:04testifying as an individual on bill 147

1:07:06in opposition. Our own house and Kalua

1:07:09Kona live in it and host guests under

1:07:11the same roof. I've been testifying for

1:07:13many years since council member Kimble

1:07:16uh started this process. Um how often

1:07:19can I come here and speak and is anybody

1:07:22listening? However, I'm still here. I

1:07:24stay engaged and I continue to feel

1:07:26trapped. I'm an intelligent woman

1:07:29running a small company and I cannot

1:07:30forward this bill as it changes. The

1:07:33last latest draft reads again like

1:07:35patchwork. More amendments were added

1:07:37this morning. Um continue to be

1:07:40confused. To those who sit here now in

1:07:43committee, you voted 5 to four against

1:07:45bill 147. Please hold to that caution

1:07:47and stop this madness. To the incoming

1:07:50council members, if this bill does not

1:07:52die before you arrive, be ready for

1:07:54continued push back. Bill 147 tries to

1:07:57clean up 50 or 50 or 60 years of poor

1:07:59planning and weak enforcement by piling

1:08:01on requirements so heavy that hosts will

1:08:03be forced out. We just heard a

1:08:06constituent saying that even though it

1:08:08never calls itself a ban.

1:08:10That is the complete opposite of what

1:08:12Kimble said at the beginning of this

1:08:14process. I've spent hours on Zoom or

1:08:17here in chambers only to earn my three

1:08:18minutes. Today I only have two. This is

1:08:21the most important part of the of

1:08:23anything I say right now. Please use

1:08:26your time wisely. Let Bill 147 die now

1:08:29and work on a resolution to postpone the

1:08:31December 31 registration deadline.

1:08:34Council has moved it before and the same

1:08:37reasons apply again. Asking people to

1:08:39register for a process that no one can

1:08:41describe is not fair to anyone. Please

1:08:43work for the people. Hosts are not

1:08:45asking to avoid regulation. We're asking

1:08:47for rules that are clear, final, and

1:08:49possible to follow. I pay my taxes on

1:08:51time and this is my retire retirement.

1:08:54Mahalo.

1:08:57>> Thank you so much. Our next two

1:08:58testifiers via Zoom chair are

1:09:02Dominique Miles to be followed by

1:09:04Raymond Dangaran. Both testifying on

1:09:06bill 192. Dominique, when you're ready

1:09:08to begin, please introduce yourself and

1:09:10you'll have three minutes.

1:09:15>> Aloha chair and council members. My name

1:09:18is Dominique Miles and I'm the director

1:09:19of human resources with the Big Island

1:09:21Substance Abuse Council and I'm here

1:09:23today in support of Bill 192 draft 3. I

1:09:27had the opportunity to testify before

1:09:29you previously and I wanted to come back

1:09:31today to once again express my support

1:09:34and share a little more about why why

1:09:36this funding is so important to our

1:09:39community. One thing I've learned

1:09:41through the work that we do at BISAC is

1:09:43that homelessness is not always just

1:09:46about someone not having a place to

1:09:48live. There are often so many other

1:09:50challenges that come along with it.

1:09:52Whether it's substance use, mental

1:09:54health, incarceration,

1:09:56family struggles, or simply not having

1:09:59the support system that many of us

1:10:01sometimes take for granted. And I think

1:10:04sometimes we forget just how difficult

1:10:06it can be to someone to rebuild their

1:10:09life when they're trying to overcome all

1:10:11of those challenges at once. We often

1:10:14talk about wanting people to make better

1:10:16choices to get treatment, to find

1:10:19employment, and to become pro productive

1:10:21members of the community. But we also

1:10:24have to ask ourselves, are we giving

1:10:26them the resources and opportunities

1:10:28they need to actually do those things?

1:10:31Because the reality is we cannot expect

1:10:34people to become stable when everything

1:10:36around them is unstable. In my work,

1:10:39I've had the opportunity to see

1:10:41individuals at some of the lowest points

1:10:43in their lives. But I've also had the

1:10:45privilege of seeing what happens when

1:10:47someone believes in them, when they have

1:10:49access to services, and when they're

1:10:51given the opportunity to make a change.

1:10:54And that's something I don't think we

1:10:55can put a price on. When we invest in

1:10:58programs that provide housing,

1:11:00treatment, and supportive services,

1:11:02we're not just helping one individual.

1:11:04We're helping families. We're helping

1:11:06our communities. And we're helping to

1:11:07break cycles that have sometimes

1:11:09continued for generation. That's why I

1:11:12support bill 192 draft 3 and the

1:11:14extension of the homeless and housing

1:11:15fund through 2029. Continuing this

1:11:18funding gives organizations and services

1:11:20service providers the opportunity to

1:11:22keep doing this important work and gives

1:11:24individuals and families continued

1:11:27access to to the support they need. So

1:11:30as you make your final decision today I

1:11:32respectfully ask for your support of

1:11:34bill 192.

1:11:35>> Thank you so much for your testimony.

1:11:37Sorry we have to move on.

1:11:39>> Chair your next testifier is Raymond

1:11:40Dongaran. Also testifying on bill 192

1:11:43and then we can come back to Kona for

1:11:44our next testifiers. Raymond, when

1:11:46you're ready to begin, please introduce

1:11:47yourself and you've got two minutes.

1:11:51>> Aloha members of the Hawaii County

1:11:53Council. My name is Raymond Dangran and

1:11:56I serve as the health and safety manager

1:11:58at the Big Island Substance Abuse

1:12:00Council. I urge you to sustain the

1:12:03Hawaii County Homeless and Housing Fund,

1:12:05an investment that saves lives,

1:12:08strengthens families, and supports our

1:12:10community. I'm testifying today in

1:12:12support of the bill 192.

1:12:15This fund connects shelter, treatment,

1:12:18recovery, and housing. It helps

1:12:21establish BISACS Mahala Family Center

1:12:24and Hawaii Island's first detox program,

1:12:27filling critical gaps in care for

1:12:30someone rebuilding their life. These

1:12:32services offer a path to treatment,

1:12:35sustained recovery, employment, renew

1:12:39family connections, and a safe place to

1:12:42live. Together, they help people move

1:12:45from crisis toward stability. We must

1:12:48continue to measure results and improve

1:12:51services. Yet, persistent homelessness

1:12:54does not mean these programs have

1:12:56failed. Cutting services does not

1:13:00eliminate the need. It shifts the burden

1:13:02and cost the emergency rooms, law

1:13:04enforcements, and shelters.

1:13:07Please sustain the county of Hawaii

1:13:09homelessness and housing fund. Behind

1:13:12this fund are people longing for a safe

1:13:14place to sleep, a chance to heal, and a

1:13:18way back to their families.

1:13:20Recovery is more than getting through

1:13:22crisis.

1:13:23>> It is rebuilding a life with dignity,

1:13:26hope, and a sense of belonging.

1:13:29Please protect the services that make

1:13:31that journey possible. Keep the door

1:13:34open to recovery, to home, and to the

1:13:37chance to begin again. Mahalo for your

1:13:39time and commitment to the community.

1:13:45>> Thank you for your testimony. Bob Yunki,

1:13:47please come forward to provide testimony

1:13:49on bill 186187.

1:13:51And Nathan, it looks like Egg, please

1:13:55come forward to testify on bill 147.

1:13:59Good morning, Mr. Chairman and members

1:14:01of council. I came I've come today to

1:14:04thank you to thank you especially for

1:14:07the no vote on 186 and 187 two weeks

1:14:11ago. what and and to share with you what

1:14:14I'm hearing from the community from the

1:14:16senior center members for example that I

1:14:19meet with regularly and with our members

1:14:22for wild fire safety they're saying they

1:14:26really care about us they really want to

1:14:29save lives in our community they want to

1:14:33make sure that we have a way out so we

1:14:36are here to thank you for that vote and

1:14:40to continue on this path

1:14:42You started on this path thanks to our

1:14:45council member last year uh by adopting

1:14:48a $2.5 million appropriation in the SIP

1:14:52budget to actually plan the engineering

1:14:55for this second road. And the only

1:14:59reason we are here today to oppose 186

1:15:02and 187 is because that money isn't

1:15:05being spent to advance this project.

1:15:09There is conversation in the community

1:15:12about using chapter 32 to pay for this

1:15:15road from the community. We are not here

1:15:19to ask the rest of the county to build

1:15:21this road for us. We are here to ask you

1:15:25to advance the process. And the first

1:15:27thing that we need is a clear design for

1:15:31the road, the engineering work done, so

1:15:34we know what the budget item is to put

1:15:37in for a bond under chapter 32. That's

1:15:41that's why we're here. That's why we're

1:15:43asking you to vote no right now on the

1:15:45housing to make sure that we can move

1:15:48forward with what we need to protect our

1:15:51community. And so far you've done what

1:15:55we need and we can ask you please to

1:15:58continue uh helping us make progress in

1:16:02this project. Thank you.

1:16:04>> Thank you for your testimony.

1:16:09>> Please proceed by stating your name. You

1:16:10have two minutes.

1:16:12>> Hello. My name is Nathan Aen. Um and

1:16:15thank you to the chair and council

1:16:16members for hearing my testimony. Um,

1:16:19I've been watching the Bill 147 and its

1:16:22predecessor process unfold for what

1:16:25feels like close to 10 years now,

1:16:27starting with the previous bill 108 and

1:16:29its regulation of unhosted vacation

1:16:31rentals.

1:16:33I've tried to follow those twists and

1:16:35turns and I still strongly oppose bill

1:16:38147 in its current form and ask the

1:16:41council to return it for substantial

1:16:43revision

1:16:44particularly in its treatment of

1:16:46existing operations and property rights.

1:16:48With bill 108, there was a clear NU

1:16:51process for people that didn't meet the

1:16:53new criteria that were being introduced

1:16:55at that time. There's no such uh process

1:16:58that's clearly delineated in this bill

1:17:00uh 147 for residents of this island who

1:17:04aren't getting the same type of

1:17:06treatment as people who may not even

1:17:08live on the island received in 2018. The

1:17:11county planning department has issued,

1:17:13you know, general approval of people who

1:17:15lived on their properties continuing to

1:17:17rent those properties without a permit.

1:17:20And now people specifically on eggland

1:17:22are being told that to continue doing

1:17:24what they've done for years, they're

1:17:26going to have to go through a complex

1:17:28permitting process that can cost tens to

1:17:31hundreds of thousands of dollars. And at

1:17:33the same time, somehow we're suspending

1:17:36the performance guarantee of the

1:17:38planning department to actually hear and

1:17:39approve those permits. So you're putting

1:17:42people into a quagmire where they don't

1:17:44know how they will continue to be able

1:17:46to operate and run their businesses. I

1:17:49also specifically think the one unit per

1:17:51TVR or one TVR per property really

1:17:55doesn't align with what the types of

1:17:56buildings that the planning department

1:17:58has approved over the last 50 years.

1:18:00Many houses are distributed into lots of

1:18:03structures and many people rent those

1:18:05individually. And then finally, I think

1:18:07that the limitation on bedrooms really

1:18:09needs some sort of uh reflection of the

1:18:12reality of how homes are on Hawaii

1:18:14County. Thank you for hearing my

1:18:16testimony. Thank you for your testimony.

1:18:19>> Thank you so much. Our next testifiers

1:18:21via Zoom are Kristen Alice testifying on

1:18:23Bill 192 to be followed by Adrien Sosk

1:18:28on bill 147. Kristen, when you're ready

1:18:30to begin, please introduce yourself and

1:18:31you'll have two minutes.

1:18:33>> Aloha council. My name is Kristen Alice

1:18:36and I am the director of community

1:18:37relations for Hope Services Hawaii. I am

1:18:40here today to testify in strong support

1:18:42of bill 192 to extend the homelessness

1:18:45and housing fund until 2029. And I first

1:18:48just want to thank you folks for your

1:18:49support and commitment for our community

1:18:51members who are experiencing

1:18:52homelessness and housing insecurity and

1:18:55for taking this creative measure to try

1:18:59something new, see how it works. um

1:19:01enact accountability and do what you can

1:19:04to make sure that the people who are our

1:19:06neighbors on Hawaii Island can have a

1:19:09place to call home because housing is a

1:19:11human right and we all deserve that. Um

1:19:14so first I just want to say homelessness

1:19:16is it requires a coordinated response.

1:19:18So, as you've seen over the last few

1:19:20years, we've worked together with not

1:19:22only our fellow service providers, but

1:19:24also with uh the county, with local

1:19:27government, state governments, federal

1:19:28governments, also local businesses, and

1:19:30philanthropy. Um, if this fund were to

1:19:33disappear, the problem wouldn't

1:19:36disappear. All you have to do is look on

1:19:38Zillow and see the prices of housing

1:19:39going up um to see why people are

1:19:42getting displaced. And that problem

1:19:44would be continue to be borne by

1:19:46emergency rooms, by um local service

1:19:49provide, other local service providers,

1:19:51um by emergency services, local

1:19:53businesses, parks, all of us um will

1:19:57fill it in some way or another. So, it's

1:19:59really great that you folks are taking

1:20:00this proactive step to address it um and

1:20:03to ensure that this funding can continue

1:20:05in these programs that are

1:20:06>> seconds, please. funded. Um, every

1:20:10dollar that you invest helps to attract

1:20:12also funding from other sources such as

1:20:14the federal government. Um, for example,

1:20:17our medical respit program has a high

1:20:19success rate of getting folks into

1:20:21permanent housing. We're the only

1:20:23certified medical respit provider on

1:20:25Hawaii Island um that has achieved uh

1:20:28that has achieved accreditation from uh

1:20:31that has achieved the accredit certain

1:20:32accreditation and that just helped us to

1:20:35receive $1.78 million in the state award

1:20:38to expand our care up to 40 beds. So

1:20:40folks who are in the hospital and need

1:20:42>> Sorry Kristen, your two minutes are up

1:20:44so we're going to have to move on. Thank

1:20:45you so much for your testimony. Chair,

1:20:48thank you.

1:20:48>> The last testifier we have via Zoom at

1:20:50this time is Adrien Sosk. Adrien, at

1:20:53this time, if you'd like to provide your

1:20:55testimony on Bill 147, you can unmute,

1:20:57introduce yourself, and you'll have two

1:20:59minutes.

1:21:05>> My name is Adrienne Suchek and I am

1:21:07testifying against draft bill 147. While

1:21:11I understand the county's desire to

1:21:13address affordable housing, the impacts

1:21:15of this transit accommodation risks real

1:21:18harm to rural communities and the small,

1:21:21locallyowned businesses that depend on

1:21:23tourism. In many rural areas of Hawaii

1:21:27Island, visitor accommodations provide

1:21:29income not only for property owners, but

1:21:31for cleaners, maintenance workers,

1:21:33landscapers, etc. Tourism is our largest

1:21:36economic engine currently and

1:21:38restricting participation

1:21:41um in putting it in hands of those that

1:21:43can afford commercial properties or

1:21:46living in large um zoned areas is

1:21:49unfair. These bills raise serious

1:21:52concerns about property rights and

1:21:54fairness as well. People have made

1:21:56significant financial decisions based on

1:21:58the laws and regulations currently in

1:22:00place and this undermines those

1:22:02investments and the financial security

1:22:04of local families. Property owners

1:22:06should be treated fairly with clear

1:22:08rules. I ask the council to consider

1:22:10whether this trip bill is truly pono,

1:22:13listening to all sides, recognizing the

1:22:16diversity of our islands communities,

1:22:18and avoiding solutions that benefit some

1:22:20residents at the expense of others.

1:22:22Rural property owners deserve a voice

1:22:24and a fair opportunity to participate in

1:22:27Hawaii Island's visitor economy just as

1:22:30larger businesses do. I urge the council

1:22:32to reject the current draft bill 147 in

1:22:35its current form and pursue solutions

1:22:37that protect housing opportunities

1:22:40without unfairly restricting property

1:22:42rights, undermining rural economies, or

1:22:44excluding local families from our

1:22:46island's largest economic sector. Mahalo

1:22:48for your time.

1:22:50>> Thank you so much. And with that, we can

1:22:52come back to Kona.

1:22:53>> Joe Schneckenberger and Caitlyn Miller,

1:22:56please come forward by testimony in bill

1:22:58147.

1:23:07Mr. Schneckenberger, you may proceed.

1:23:09Your microphone is already activated.

1:23:11Please start by introducing yourself.

1:23:13You have two minutes. I'm Joe

1:23:15Schneckenberger from Kyua Aakona and

1:23:18listening and watching over the years

1:23:21appears that Bill 147 is kind of a hot

1:23:23mess. Even Heather agrees and keeps

1:23:26changing it around from day to day and

1:23:28it's not a necessary thing at all.

1:23:31Something you should definitely

1:23:33dis discontin continue till next year.

1:23:36Put it off forever.

1:23:38Um, another thing related to bill 147

1:23:41was the law 2550 which has been delayed

1:23:44and sort of 147s maybe trying to fix

1:23:47some of the things that are still wrong

1:23:48in 2550. I would encourage you to spend

1:23:51your time perhaps postponing or

1:23:53repealing 2550.

1:23:56What has happened in the year since it's

1:23:58been delayed?

1:24:01Nothing. Nobody's died.

1:24:04Nobody's had to move off the island

1:24:06because of the law hasn't taken effect

1:24:08yet. It's not a necessary law. Neither

1:24:11147 nor 2550 are necessary. I [snorts]

1:24:14encourage you to think about that and

1:24:16impose 147 today and think about perhaps

1:24:20postponing maybe for a year or two or

1:24:22delaying forever 2550 as well. Thank you

1:24:26for your time, council.

1:24:28>> Thank you for your testimony. Miss

1:24:29Miller, please proceed. Start mentioning

1:24:31yourself. You have two minutes.

1:24:33>> Aloha. Council members Caitlyn Miller on

1:24:35behalf of the Hawaii Mid and Short-Term

1:24:36Rental Alliance. Hi mass appreciates the

1:24:39efforts of the planning department and

1:24:40council members to address concerns with

1:24:43bill 147. It's important to acknowledge

1:24:45how we arrived here. Ordinance 2550 was

1:24:48presented as a straightforward

1:24:50registration process. However, its

1:24:52implementation revealed broader

1:24:54permitting and enforcement implications

1:24:56for existing operators that were not

1:24:58fully understood or communicated when

1:25:00adopted. These unintended consequences

1:25:02are a significant part of why we are

1:25:04here today. While Bill 147 addresses

1:25:07some challenges, concerns remain

1:25:08regarding hosted rental definitions and

1:25:10agricultural land permitting

1:25:12requirements. Importantly, we've been

1:25:14advised that if Bill 147 fails, existing

1:25:17hosted rentals that have operated for

1:25:19years without permits will now be will

1:25:21now be expected to obtain them. The only

1:25:23available permitting pathway is costly

1:25:25and burdensome, creating significant

1:25:27uncertainty for residents who have

1:25:29operated in good faith. Bill 147

1:25:31provides protections for certain hosted

1:25:34rentals that would otherwise face those

1:25:36requirements. We also acknowledge that

1:25:38state land use requirements exist

1:25:40independently of bill 147, including

1:25:42special use permits for certain

1:25:44agricultural land operators. While the

1:25:46bill provides exemptions in some

1:25:48circumstances, other residents will

1:25:50still need a reasonable, streamline, and

1:25:52attainable pathway regardless of the

1:25:55outcome. This places everyone in a

1:25:57difficult position. We cannot overlook

1:25:59the remaining concerns, but allowing

1:26:01Bill 147 to fail does not necessarily

1:26:03protect residents. We urge council to

1:26:05pursue the path that creates the least

1:26:07harm, recognizing that additional

1:26:08collaboration and likely further

1:26:10legislation will be necessary regardless

1:26:12of today's outcome. If more time is

1:26:15needed, we encourage consideration of

1:26:17extending the registration deadline to

1:26:19allow these issues to be addressed.

1:26:21HIMASS remains committed to working

1:26:23collaboratively toward practical

1:26:25solutions that protect residents and

1:26:26existing operators. Thank you for your

1:26:28time today.

1:26:31>> And thank you for your testimony.

1:26:32Josephine Kilipio, please come forward

1:26:34by testimony bills 1861 187. And I'll

1:26:37ask again if Kathleen Keane is available

1:26:40and if so, please come forward. If not,

1:26:42Miss Kelly EPO, please activate the

1:26:44microphone and uh start by introducing

1:26:46yourself and you'll have two minutes per

1:26:48item if you transition um noticeably.

1:26:54So, my name is Josephine Kilipio. I I've

1:26:57been living in Kyloakona for almost 40

1:26:59years, but before that I came from Hilo,

1:27:03the Kyokaha community.

1:27:07Um although I live in Kaigo Kona, the

1:27:10wildfire issue really caught my

1:27:13attention after what happened in Lahina.

1:27:17My mom was born and raised in Lahina and

1:27:20I still have cousins living there. The

1:27:23way in which the fire spread so rapidly

1:27:27down Lahina Luna road and then veered to

1:27:31the south all the way to Puamana condos

1:27:35and then north to Wahikuli

1:27:38was absolutely shocking.

1:27:44I don't think we want something like

1:27:46that happening in Waloa. Wo is a very

1:27:49windy area already

1:27:51and um what a few months ago

1:27:55you know they had to evacuate.

1:27:58So I am strongly in opposition of both

1:28:01bills 186 and 187 based on all the

1:28:05excellent testimonies provided by the

1:28:07people of Waloa.

1:28:09Please vote no or defer both bills until

1:28:12the requests of the villagers at Waloa

1:28:16are met. Mahalo

1:28:18>> and thank you for your testimony, Miss

1:28:20Kipio. Chair, those are all the

1:28:22testifiers we have. We may proceed with

1:28:24the agenda.

1:28:25>> Okay. Thank you very much, the clerk.

1:28:28Okay. So, we're doing approval of

1:28:30minutes. Anyone has any amendments?

1:28:35Hearing or seeing none, minutes are

1:28:36approved for um sorry for July 23rd, 26

1:28:43and August 5th, 26.

1:28:47Okay, Mr. [clears throat] Clerk, I'm

1:28:50going to take some bills out of order.

1:28:53Okay. And so, let's do Bill 186 and 187.

1:29:14Yeah. Go ahead.

1:29:16Bill 186 amends the state land use

1:29:18district boundaries map by changing

1:29:20district classification from agriculture

1:29:22to urban at white koa south kohala

1:29:24Hawaii covered by portion of tax map key

1:29:2668002016

1:29:30and bill 187 draft 4 amends section

1:29:3225-8-14

1:29:34koa village district zone map article 8

1:29:36chapter 25 of the Hawaii county code

1:29:382016 edition as amended may change

1:29:40district classification from residential

1:29:42agriculture 1 acre and open to multif

1:29:44family residential 1,500 ft² family

1:29:48agriculture 1 acre agriculture 10 acres

1:29:50and open at Waloa South Kohala Hawaii

1:29:53covered by a portion of tax map key

1:29:54680016

1:29:56applicant Waloa green LLC area 14.868

1:30:00868 acres. Later planning commission for

1:30:02a federal recommendation for this

1:30:04amendment to state land use boundaries

1:30:05map for the and for the requested change

1:30:07of zone which allow applicant to develop

1:30:09a 400 unit multiple family housing

1:30:11complex with the clubhouse related

1:30:13improvements properties located the

1:30:14southeast side of Pilia Street

1:30:16approximately 810 ft south of his

1:30:18intersection with white glow road. Both

1:30:20bills are introduced by request um by

1:30:23council member Kimble

1:30:26Houston.

1:30:26>> Thank you chair. Uh motion to approve

1:30:29bill 187 draft 4 at first reading.

1:30:32>> Second.

1:30:32>> Okay. Motion by Mr. Houston, second by

1:30:34Miss Kirkwood. Go ahead, Mr. Houston.

1:30:36>> Thanks, Vice Chair. Appreciate the time

1:30:38here. Uh and I appreciate everyone's

1:30:40opportunity to join us today uh and

1:30:42provide testimony. Just for the record,

1:30:44I want to briefly reflect on where we've

1:30:46come throughout this process. Michael

1:30:48Green has generate discussion about

1:30:50housing, wildfire safety, evacuation,

1:30:54uh, water, drainage, flooding, and

1:30:56infrastructure that's necessary to

1:30:57support future growth in our

1:30:58communities. These are important

1:31:00concerns, and I appreciate the

1:31:02residents, agencies, community

1:31:05organizations who have participated in

1:31:06this ongoing conversation.

1:31:09We have worked as a body to strengthen

1:31:11the proposal through several amendments

1:31:13that have been adopted on wildfire

1:31:15resilience. We established a requirement

1:31:17for the development to achieve and

1:31:19maintain compliance with Fire Wise USA

1:31:21principles or an equivalent county

1:31:23approved wildfire resilience plan.

1:31:25Something of which we have not really

1:31:26seen in some of our reszone applications

1:31:28before. On water conservation, we

1:31:31required a water conservation plan with

1:31:33a goal of reducing residential potable

1:31:35water demand by at least 30% compared to

1:31:38a new typical construction while

1:31:40emphasizing greater efficiency and the

1:31:42use of alternative and non-pottable

1:31:44water sources. And on drainage and

1:31:46flooding, we strengthen the conditions

1:31:48to address concerns identified in the

1:31:50South Paula flood study, including

1:31:52upstream runoff and potential impacts on

1:31:54surrounding and downstream properties.

1:31:56This body also supported an amendment

1:31:58strengthening sequencing of affordable

1:32:00housing obligations as that development

1:32:02progresses through its stages. Uh these

1:32:05amendments really establish an important

1:32:06requirement and a greater accountability

1:32:09through that development approvals

1:32:11following whatever happens to these uh

1:32:13these bills going forward.

1:32:15At the same time, there are broader

1:32:17infrastructure challenges that remain

1:32:19unresolved, particularly for the need of

1:32:21a second arterial road for White Cola

1:32:23village. The state continues its work on

1:32:26additional emergency eress route and

1:32:28this body, as was shared by testifiers,

1:32:31and as you know wholeheartedly, secured

1:32:33$2.5 million in appropriations for the

1:32:35design and engineering of a permanent

1:32:37arterial road for the community. But

1:32:39additional work on financing and

1:32:41regional partnerships is an ongoing

1:32:43conversation. We've also continued

1:32:46receiving questions about regional water

1:32:48resources and the cumulative impacts of

1:32:51future developments. Uh these

1:32:52discussions do deserve continued

1:32:54attention and should also include

1:32:56engagement with our state agencies.

1:33:00Lastly, the need for housing across our

1:33:02island is significant. I think you all

1:33:04know that particularly for working

1:33:06families seeking opportunities to live

1:33:08closer to where they work as we attempt

1:33:10to address cost of living challenges.

1:33:13Our responsibility is to find a balance

1:33:15between meeting those needs and

1:33:17carefully evaluating the impacts of

1:33:19future growth. This is an important part

1:33:22of our land use planning process which

1:33:24provides opportunities to establish

1:33:25conditions and ensure that appropriate

1:33:28safeguards are met as development

1:33:30progresses.

1:33:32And these amendments that we've we've

1:33:33adopted reflect that approach and

1:33:35recognize that responsible growth

1:33:37requires both meaningful project level

1:33:39requirements and continued investment in

1:33:41our broader community infrastructure.

1:33:45Vice Chair, I I recognize that the

1:33:46applicant is seeking additional time and

1:33:49opportunity to continue these

1:33:50conversations and address some of the

1:33:52concerns raised by community. So with

1:33:54that, I move to postpone bill 187

1:33:58to July 7th, 2027.

1:34:01Okay. Motion by Mr. Houston, second by

1:34:04Miss Kirkowitz. Discussion on the

1:34:07postponement. Members

1:34:10Oh, M. Kirk, go ahead.

1:34:12>> Um, thank you, acting chair. Thank you

1:34:14for that. Uh, council member Hustus, you

1:34:17know, I was revisiting the South Kohala

1:34:20um community development plan,

1:34:21specifically the section on Walawa

1:34:23Village, and I noted four policies.

1:34:26providing infrastructure for a growing

1:34:28community, preserving open space,

1:34:31providing transportation and circulation

1:34:33improvements, and encouraging affordable

1:34:36housing and smart growth.

1:34:41There has been a lot of work by the

1:34:43developer to engage community and that

1:34:46is not something that's always very

1:34:47typical. often they come to the council

1:34:50without having met community and in this

1:34:52instance there was a lot of time spent

1:34:54trying to figure out what to do. I don't

1:34:57think that council is the proper forum

1:35:01to hash out what's needed by community.

1:35:03The most important venue for that is in

1:35:06community and with community. And so I

1:35:07fully support council member Huis'

1:35:10motion to defer this bill to

1:35:14a later date so that the applicant can

1:35:16work genuinely with the community to

1:35:19figure out issues related to circulation

1:35:21and the wildfire risk and water

1:35:24availability.

1:35:25I think that there are a number of

1:35:28funding mechanisms that can be explored.

1:35:30There was a particular note in the Waloa

1:35:33village plan section that talked about

1:35:36the county working in partnership with

1:35:38the community association and community

1:35:39in general and area developers to fund

1:35:42these solutions. We have things like

1:35:45community facilities and improvement

1:35:47districts that can really be something

1:35:50viable to get the infrastructure that's

1:35:53necessary that's necessary for this

1:35:55community. So I hope that um this is

1:35:59sufficient time for the applicant to

1:36:01work genuinely again with the community

1:36:03to resolve issues so that the next time

1:36:06you're here before council um you can be

1:36:09in support of solutions that the

1:36:11community and the applicant have agreed

1:36:12to together. Thank you chair.

1:36:14>> Okay. Any other members? Oh

1:36:18>> uh thank you chair. Uh to the

1:36:20applicant's

1:36:23person Mr. Pippen. Uh, thank you for

1:36:25being here this morning. I don't I don't

1:36:26have any questions for you. Thank you.

1:36:28Uh, I appreciate the want to postpone.

1:36:32Uh, for the testifiers, thank you for

1:36:34making time to come in today. Uh, and

1:36:37for the past what, six weeks and showing

1:36:40up and testifying. I think your voices

1:36:42uh have been heard appropriately

1:36:45and decision-m can proceed in the

1:36:47future. I I would caution the folks of

1:36:50White Kaloa uh in two different fronts.

1:36:54One uh next year you will sit in front

1:36:56of a completely new council with a

1:36:59minimum of four new members and you will

1:37:02have four new thoughts going into

1:37:05whether or not this development should

1:37:07proceed or not. And then two, the

1:37:11conversation regarding roads. Uh many

1:37:14years ago, I met with the previous

1:37:18director of the shipping group and

1:37:21interesting as we talked about how to

1:37:23improve our my district, Puna, uh the

1:37:27comment came up, well Matthew, you do

1:37:29understand when you build more roads,

1:37:32you invite more people to the community.

1:37:36It took me a while to figure that out.

1:37:37To me, I see roads is the improvement,

1:37:39but I would just caution

1:37:41as you improve your roadways and create

1:37:44new roadways to service your community,

1:37:46you also will invite more development

1:37:48into those roadways. And if the road is

1:37:51the concern that is being addressed by

1:37:53the community as the safety mechanism

1:37:56for a oneway in, one way out, if you

1:37:58create a new road, you no longer have

1:38:02your argument to lean on on why you

1:38:04shouldn't put more homes in Waloa. So

1:38:06think about how you're going to proceed

1:38:08in the future with the new council with

1:38:10that in mind.

1:38:12I look forward to the postponement. I

1:38:14think it's appropriate and I'll be

1:38:15supporting it. Thank you.

1:38:19>> Okay. Any other members? No, Mr. Cler.

1:38:23Let's go a roll call.

1:38:24>> Very good. On the motion to postpone

1:38:27bill7 draft 4 to July 7, 2027. Council

1:38:31member Galima.

1:38:32>> I.

1:38:34>> Council member Hust. Hi,

1:38:36>> Cherry Naba.

1:38:37>> Hi,

1:38:38>> Council Member Kagiada.

1:38:40>> Hi,

1:38:41>> Council Member Connie Lee Kleinfelder.

1:38:42>> Hi,

1:38:43>> Council Member Kirkowitz.

1:38:44>> Hi,

1:38:45>> Council Member Campbell.

1:38:46>> I council Viegas.

1:38:48>> Acting Chair Onishi,

1:38:50>> I.

1:38:51>> Acting Chair Onish, you have seven votes

1:38:52in favor with council member Zinab Vegas

1:38:54absent and excused. The motion carries.

1:38:57Bill 187, draft 4 is postponed to July

1:38:597, 2027.

1:39:02Okay. So, let's go back to bill 186.

1:39:05>> Yeah. Move to approve bill 186 at first

1:39:07reading.

1:39:08>> Okay. Motion by Mr. Houston, second by

1:39:10Miss Kirkowitz. Go ahead, Mr. Houston.

1:39:12>> Thank you, Vice Chair. Motion to

1:39:14postpone bill 186 to July 7th, 2027.

1:39:18>> Okay. Motion by on postponement to July

1:39:2120 July 7th, 2027

1:39:24by Mr. Houston. Second by Miss Kirkwitz.

1:39:27on the post movement

1:39:29Kleinfer

1:39:30>> now to the applicant letting you get up

1:39:32I'm gonna make this statement

1:39:3414

1:39:36nine whatever acres is extremely close

1:39:40to 15 acres and I would hope the next

1:39:45body reviewing this request

1:39:48would look at the entire

1:39:51system of parcels being requested and

1:39:55hopefully

1:39:58that number can be pushed up to 15 where

1:40:00I think it should be at so it can be

1:40:02reviewed by the land use commission.

1:40:04Thank you.

1:40:05>> Okay. Any other members? Okay, Mr. Clerk

1:40:09roll call

1:40:11>> on the motion to postpone bill 186 which

1:40:14is at first reading to July 7, 2027.

1:40:17Council member Gimba

1:40:19>> I.

1:40:19>> Council member Hues

1:40:20>> I.

1:40:21>> Cherry Nava.

1:40:22>> Council member Kagiada.

1:40:24>> Hi. Council member Connie Lee

1:40:25Kleinfelder.

1:40:26>> Hi.

1:40:27>> Council member Kirkowitz.

1:40:28>> Hi.

1:40:28>> Council member Kimble.

1:40:30>> Hi.

1:40:31>> Council member Viegas.

1:40:32>> Acting Cher Nishi.

1:40:34>> I.

1:40:34>> Acting Cher Nish. You have seven votes

1:40:35in favor with two absent excuses. Those

1:40:38being council members Inaba and Viegas.

1:40:41The motion carries. Bill 186 is

1:40:43postponed at first reading to July 7th,

1:40:472027.

1:40:48>> Okay. Thank you, Mr. Clerk. Can you

1:40:50reading read in bill 147 draft 2?

1:41:05Is there any additional testimony for

1:41:06bill 147 draft 2?

1:41:10Hearing none. Bill 147 draft 2 amends

1:41:13chapter 2 and chapter 25 of the Hawaii

1:41:15County Code 1983 2016 edition as amended

1:41:18relating to transient accommodations.

1:41:20Establishes operational standards and

1:41:22use regulations for hosted and hosted

1:41:24trans vacation rentals. Allows hosted

1:41:27TBRs is permitted use in the single

1:41:29family residential, double double family

1:41:31residential, multiple family

1:41:32residential, residential, commercial,

1:41:34mixeduse, resort hotel, neighborhood

1:41:35commercial, general commercial, village

1:41:37commercial, special downtown, Hilo

1:41:39commercial zoning districts. Allows

1:41:41hosted TVRs as a permitted use in

1:41:43certain agriculture zoning districts

1:41:44under certain conditions. Allows

1:41:46unhosted TVs as a permitted use in the

1:41:49resort hotel, general commercial,

1:41:50village commercial, and special downtown

1:41:52Hilo commercial zoning districts. allows

1:41:54unhosted TVRs in certain areas of the

1:41:56neighborhood commercial or residential

1:41:58zoning districts under certain

1:41:59conditions. It's introduced by council

1:42:01member Kimble with communication 806.9

1:42:04from council member Heather Kimble dated

1:42:06September 1, 2026 transmitting a

1:42:09document entitled B&B hosting scenarios

1:42:11in SLOU agricultural district. Kimble

1:42:14>> chair motion to approve bill 147 draft

1:42:17two at first reading.

1:42:19>> Okay. Motion by Miss Kimble, second by

1:42:22Miss Kakiwara. Miss Kimble,

1:42:24>> thank you. Um,

1:42:27I want to state very clearly what my

1:42:29objective is today, which is to get at

1:42:32least five of you to yes on this. Um, it

1:42:34is critically important that we move

1:42:38this bill forward. Um I'm I'm

1:42:41disappointed that some of the testifiers

1:42:43left that are frequent flyers on this

1:42:45particular issue because there's a a

1:42:47fundamental

1:42:49piece of this which is that if 147 does

1:42:53not pass then we go to the language in

1:42:57the code as it is now but has not been

1:43:00enforced by the department. So to

1:43:03reiterate that the definition of a bed

1:43:05and breakfast in the code as it stands

1:43:07now is m means any single family

1:43:11dwelling andor guest house pursuant to

1:43:13section 25-4-9

1:43:16which have been permitted on a building

1:43:18site in which overnight accommodations

1:43:20and only breakfast meals are provided to

1:43:22a maximum of 10 guests for compensation

1:43:25for a period of less than 30 days. So

1:43:28that's the definition. Anything rented

1:43:31less than 30 days is a is a bed and

1:43:33breakfast in our code. Now, section

1:43:3625-4-7

1:43:40defines bread and breakfast

1:43:42establishments and what they are. It

1:43:45says that they are permitted in RD, RM,

1:43:50RCX, V, CN, CG, CV, and CDH districts.

1:43:56Permitted. You can operate a bed and

1:43:58breakfast. No further steps needed.

1:44:01They may be permitted in an RS district,

1:44:05R A F A district within the state land

1:44:09use urban

1:44:11provided that a use permit is obtained.

1:44:14So in any of the residential districts

1:44:16that I just listed, you will need a use

1:44:19permit under the current code to

1:44:21continue operating a bed and breakfast.

1:44:23That is what the law says right now

1:44:27in

1:44:29um a special permit, so an SUP shall

1:44:32also be required for any bed and

1:44:34breakfast located in either state land

1:44:36use rural or agricultural.

1:44:39So, bill 147 actually proposes that in

1:44:42state land use rural, no use permit or

1:44:45special use permit would be needed. The

1:44:48only time that we are requiring a

1:44:50special use permit under bill 147 is on

1:44:53state land use a that is post 1976

1:44:57because of the Rose Hill decision and

1:44:59the definition in state law of a farm

1:45:01dwelling.

1:45:03Those taken in conjunction 147 has a

1:45:07less stringent requirement with respect

1:45:10to bed and breakfasts

1:45:12or hosted rentals depending on what

1:45:14terminology you use than what is

1:45:16currently in the law now and will be

1:45:18enforced moving forward. I will also

1:45:21note that under this section it is clear

1:45:23that a bed and breakfast is five

1:45:25bedrooms under under our code right now.

1:45:28Anything more than five bedrooms has to

1:45:30be permitted under another structure as

1:45:32a lodge, as an inn, as an apartment,

1:45:34hotel. Now, the commercial districts,

1:45:37again, those are permitted uses. And so,

1:45:39you do not need to get a special use

1:45:40permit or use permit in any of those

1:45:42districts.

1:45:44So, it is um section, let's see, where

1:45:48are we? Um

1:45:53section uh B4 of that section. So B4 of

1:45:57section 25-4-7

1:45:59limits bed and breakfast establishments

1:46:01to no more than five guest bedrooms for

1:46:04rent to guests. That is in the existing

1:46:07code. Now it is not an addition with

1:46:09147. We're just having that consistency.

1:46:12Um, I did want to ask the um, director

1:46:17to come up and just express again the

1:46:20importance to the planning department of

1:46:22having 147 pass in terms of what it's

1:46:26going to mean with respect to compliance

1:46:29and enforcement. Um, and why I need to

1:46:34again get at least five of you to yes

1:46:36today. Um, and I so I I want to give the

1:46:41director a chance to speak to that. But,

1:46:44um, before I do, um, I do have the one

1:46:49question to ask you, director, that came

1:46:51up in some of the testimony today, which

1:46:53is why do we register only one TVR per

1:46:57property? And if you can answer that and

1:46:58then follow up with the importance of

1:47:01the passage of 147 to your department.

1:47:03Thank you.

1:47:05Aloha,

1:47:06Chair Onishi, members of the Hawaii

1:47:09County Council, Jeff Darl with the

1:47:11planning department. Uh, I would just

1:47:13like to begin by saying I agree with

1:47:16everything that council member Kimble

1:47:19has said. Uh it is uh vital that we move

1:47:23this bill forward to assist in our um

1:47:29regulation of hosted rentals, B&Bs,

1:47:33whatever we're going to call them, uh

1:47:35especially in light of uh chapter 6 uh

1:47:40that has been passed and is uh currently

1:47:43active as of September 1st. Um to

1:47:47address the question, uh it we allow

1:47:51only one TVR uh based on the uh current

1:47:56code as well as um uh the proposed code.

1:48:01You're only allowed one TVR per building

1:48:04site unless that particular property is

1:48:08uh condominiumized or CPR. Uh typically

1:48:12you'll find apartments, condos, hotels

1:48:16that may be CPR. Uh we have a number of

1:48:20them in the RM zoning. In the original

1:48:24bill 108, it allowed for SDVRs in the R

1:48:29RM zoning as long as they were CPR. Um

1:48:33so that's uh hopefully that answers that

1:48:35question. if I could if I could address

1:48:39a few comments that were made. Um,

1:48:43chair, if that's okay. Oh, thank you.

1:48:46>> Uh, so there was um a few comments that

1:48:50said they only allow one uh it sounded

1:48:54like the testimony was one bedroom that

1:48:58this bill is saying you can only have

1:49:00one bedroom and not more than that. This

1:49:03this bill allows up to five bedrooms on

1:49:07the the building site. So whether it's

1:49:10in one dwelling or two dwellings or a

1:49:12guest house or detached bedrooms, you

1:49:15have a maximum of five bedrooms. Similar

1:49:19uh as we have now with bed and

1:49:21breakfast. Um, another um issue that was

1:49:26brought up was uh bill uh or ordinance

1:49:302550.

1:49:32Uh that is amended now by ordinance 2663

1:49:37which is currently within our chapter 6,

1:49:40our business code. Um that is codified

1:49:44and we follow that. Um that particular

1:49:47bill has a deadline to allow a grace

1:49:51period up to December 31st

1:49:54um to register. After that, the

1:49:57department will move uh with

1:49:59enforcement.

1:50:01What our main goal here is, again, as

1:50:05council member uh Kimbo said, if this

1:50:09bill doesn't pass, then we're obligated

1:50:12to follow the current code, which would

1:50:15require

1:50:17every um hosted rental or BNB, which at

1:50:21this point it wouldn't be hosted. would

1:50:23be bed and breakfast to uh either get a

1:50:27use permit in residential zonings or a

1:50:31special permit in agricultural zonings.

1:50:34If this bill passes, it will allow those

1:50:38that are operating in residential zones

1:50:41to be permitted and just register.

1:50:44It will also allow on pre76 agricultural

1:50:48lots operating in a single family

1:50:51dwelling to be permitted. Um there is uh

1:50:55the caveat of the farm dwelling which um

1:50:59is one of the amendments that's

1:51:01proposed. I know at our last hearing we

1:51:04had a lot of discussion on the clarity

1:51:07of defining uh those particular uses in

1:51:11the agricultural zoning and I believe

1:51:14we've gotten it much clearer uh with one

1:51:17of the communications. I just want to

1:51:20also uh appreciate the time and effort

1:51:23uh for um the clarity that's been

1:51:26brought to the new amendments uh to bill

1:51:30147 um so that it can just be a little

1:51:33bit clearer as we move forward. Um I'm

1:51:37uh uh here for questions if anyone has

1:51:41any questions in regards to the

1:51:44amendments or uh draft two. Thank you,

1:51:47>> director. Thank you. Um at this time I I

1:51:51still have the floor. Yes.

1:51:52>> Yeah, I understand.

1:51:53>> Um I would like to go ahead and make um

1:51:56a motion to amend bill 147.

1:51:58>> Okay.

1:51:58>> Okay. So motion to amend bill 147 draft

1:52:012 with the contents of communication

1:52:03806.18.

1:52:06>> Okay. Motion by Miss Kimble, second by

1:52:09Miss Kima. Go ahead on the amendment.

1:52:12>> Yes. Thank you. So we will we will will

1:52:14uh colloially reference this as the Matt

1:52:17amendment. Um this is to provide clarity

1:52:21around the language with regard to farm

1:52:25dwellings and what would require a

1:52:27special use permit and what wouldn't.

1:52:29So, we've we've modified this language

1:52:31here to make it very clear that if you

1:52:33are operating a hosted TVR within a

1:52:37dwelling that is on a lot creator prior

1:52:40to 1976,

1:52:42um no special permit is required. Um if

1:52:46however you are operating the hosted

1:52:48rental within a farm dwelling, a special

1:52:51permit is required and the host must

1:52:53live in that farm dwelling. Again, that

1:52:55is um a consequence of the Rose Hill

1:52:58decision based on the definition of a

1:53:00farm dwelling in the HRS. Um so

1:53:03hopefully this language provides some

1:53:05clarity, Mr. Connie Clanfelder. And um

1:53:09I'm happy to take any questions from the

1:53:11body on it.

1:53:13>> Okay. On the amendment, any discussion?

1:53:16Oh,

1:53:18go ahead.

1:53:18>> Thank you. Uh I did meet with the

1:53:20planning department and thank you for

1:53:22bringing this forward. While the other

1:53:24language could have been sufficient, I

1:53:27think this language is much clearer and

1:53:29easier for the public to understand,

1:53:32especially when we're discussing so many

1:53:35subjects in such a compact

1:53:38two sentences. the difference between a

1:53:40single family dwelling, a first farm

1:53:42dwelling, a primary farm dwelling,

1:53:45pre76, post76, all based on the was it

1:53:50Rosen Rosen

1:53:52>> Rose Hill? Sorry, I'm thinking Rosenberg

1:53:55Rose [laughter]

1:53:57Gary I'm thinking about Gary uh the Rose

1:54:00Hill decision and all the complexities

1:54:02involved in that. Thank you for

1:54:04providing this wording. I'll be

1:54:05supporting.

1:54:07Okay. Any other members on the

1:54:09amendment?

1:54:11Okay. Let's have a roll call

1:54:14>> on the motion to amend bill 147 draft 2

1:54:17per the contents communication at

1:54:18806.18.

1:54:21Council member Glima

1:54:22>> I.

1:54:23>> Council member Hustus

1:54:24>> I.

1:54:26>> Cherry Naba. Council member Kagiada.

1:54:28>> Hi.

1:54:29>> Council member Connelly Kleinfelder.

1:54:31>> I council Kirkowitz.

1:54:33>> Hi.

1:54:34>> Council member Campbell.

1:54:35>> Hi. Council member Viegas. Acting Chair

1:54:38Onishi,

1:54:39>> I.

1:54:39>> Acting Chair Onishi, you have seven

1:54:40votes in favor with council members

1:54:42Inaba and Viegas absent and excused.

1:54:44Motion carries. Okay, so we're back to

1:54:47bill 147 as amended.

1:54:54Mr. Huice.

1:54:55>> Thank you, Vice Chair. Thank you,

1:54:56director. Thank you, Council Member

1:54:58Kimell, for the ongoing conversation

1:54:59here.

1:55:01Going to ask this question again. I

1:55:02always ask it of you. How are we doing

1:55:04in our registration uptick?

1:55:07>> I apologize. I didn't look at it this

1:55:09morning. We were uh running around doing

1:55:13meetings quite early. I I I it's been

1:55:17steady. They've been continually coming

1:55:19in. I would say um just a guesstimate I

1:55:23would say it's over 300 now at this

1:55:26point.

1:55:27>> Okay. I know your response in the past

1:55:29has been

1:55:31communities watching how this how this

1:55:32unfolds and what the conversation is

1:55:34here. So I recognize that of course. Um,

1:55:38when I met with you, you showed

1:55:41kind of the the overall use and impact

1:55:46of vacation rentals across the island

1:55:48and those that, you know, combing

1:55:50through all the data, all the all the

1:55:52information that's out there on the

1:55:53internet about who's in compliance or

1:55:55potentially in compliance or where their

1:55:57issues and I think you recognize that

1:55:59it's it's it's going to be a hurdle for

1:56:02sure. I think regardless of the

1:56:04direction all of this goes,

1:56:07I I still think there's um I know there

1:56:09are limitations with uh Rose Hill and

1:56:13other issues with our egg lands and

1:56:15that's that's still something I think we

1:56:17need to try and find some sort of

1:56:19direction through it all and what we can

1:56:21possibly do because you hear from a lot

1:56:23of our users and operators, property

1:56:25owners about that the a zoning

1:56:27challenges. Um, and we we do need to

1:56:30look for some sort of path with that

1:56:31that farm-based sort of mechanism for

1:56:34those that are looking for some uh costs

1:56:37to offset their operations or really

1:56:39help our agricultural industry, those

1:56:41sort of things to really help on some of

1:56:42those costs. So, that's definitely a

1:56:44conversation I I think we should

1:56:46continue to have. I do have a couple of

1:56:48amendments, vice chair, on the floor

1:56:49here at the table. So, I'd love to kind

1:56:51of begin that conversation. Um,

1:56:55first up is I would I move to amend bill

1:56:58147 as amended with the contents of

1:57:00communication 806.17.

1:57:04>> Okay. Motion by Mr. Houston, second by

1:57:08Miss Kirkowitz. Go ahead.

1:57:09>> Thank you, Vice Chair. This amendment

1:57:12specifically speaks to the applicability

1:57:14section of section 254A. It's intended

1:57:17to simplify and clarify the provisions

1:57:20within bill 147. you know, chapter 6

1:57:23already identifies. So, this is what

1:57:26established in 2550. It establishes that

1:57:28certain accommodations and rental

1:57:30activities that are exempt from the

1:57:32transient vacation rental regulations.

1:57:34So, rather than repeating those

1:57:35exemptions separately in chapter 25,

1:57:38this meant just references those

1:57:40existing provisions under section six.

1:57:43Uh and the intent is just to maintain

1:57:45consistency between the two chapters and

1:57:48really avoid any sort of duplication or

1:57:50potentially conflicting language in the

1:57:52in the chapters there. Just provide some

1:57:54clarity for residents. Thank you.

1:57:57>> Director, do you have any comments on

1:57:58that?

1:58:00>> Uh completely in support of it. Thank

1:58:03you,

1:58:03>> Mr. Kimble.

1:58:04>> Yes, also in support. Appreciate um the

1:58:08improvement in consistency to not have

1:58:10things duplicated in two locations. Um,

1:58:13I would also say that by putting the

1:58:15main language in chapter six, if we need

1:58:19to pivot and make changes, it's going to

1:58:21be a little bit easier to do it there

1:58:22than it will be here in chapter 25. So,

1:58:24fully supportive of the amendment. Thank

1:58:26you for bringing that forth.

1:58:28>> Any other members?

1:58:31Mr. Clair

1:58:34>> on the motion to amend bill 147 draft 2

1:58:36as amended per communication 806.17.

1:58:39Council member Galima.

1:58:44Sorry. Council member Hustus.

1:58:46>> Hi.

1:58:47>> Council member Nava.

1:58:48>> Council member Kagiada.

1:58:50>> Hi.

1:58:50>> Council member Connie Kleinfelder.

1:58:52>> I.

1:58:52>> Council member Kirkowitz.

1:58:54>> I.

1:58:54>> Council member Kimbo.

1:58:55>> I.

1:58:56>> Council member Viegas.

1:58:58>> Acting chair Nishi.

1:58:59>> I.

1:59:00>> Acting chair Nishi have six votes in

1:59:02favor with council members Gimmaba

1:59:04and Viegas absent and excused. B for the

1:59:07motion to amend carries. Okay, we're

1:59:10still on bill 147 as amended. Mr.

1:59:12Custus.

1:59:13>> Thank you, vice chair. Uh move to

1:59:15further amend bill 147 with the contents

1:59:17of communication 806.19.

1:59:21>> Motion by Mr. Houston, second by Miss

1:59:23Kirkwood. Go ahead, Mr.

1:59:24>> Thank you. We had some conversation

1:59:26about this in our last hearing and I I

1:59:28brought it back for further

1:59:29consideration with some refinements in

1:59:31here. This amendment is intended to

1:59:33provide a clearer, more consistent

1:59:36process when the planning department

1:59:38identifies uh any alleged violation of

1:59:41the of chapter 25 relating to transient

1:59:43vacation rentals. Uh given significant

1:59:46administrative penalties contemplated

1:59:48under this legislation, I believe it's

1:59:50important that property owners receive a

1:59:51clear notice uh identifying the specific

1:59:54violation, the factual basis uh for that

1:59:57allegation, and an opportunity to

1:59:59respond or correct that issue before the

2:00:01fines are assessed. So, this amendment

2:00:04establishes that process while

2:00:05preserving the department's enforcement

2:00:07authority. It allows the owner uh to

2:00:09demonstrate compliance, correct the

2:00:11violation, or provide information

2:00:13showing that that that alleged violation

2:00:15did not occur. And it's really just

2:00:17wanted to really present a clear,

2:00:19transparent process that provides

2:00:21clarity for both property owners and the

2:00:23planning department. So, I'll leave it

2:00:25there. Chair, thank you.

2:00:26>> Director,

2:00:28>> completely in support

2:00:31members.

2:00:34>> M Kimble.

2:00:34>> Yeah. just um will reiterate that I'm

2:00:37I'm fully supportive of this amendment

2:00:40um and appreciate um council member

2:00:42Husse's um reflection on this the second

2:00:46half of the amendment that he had

2:00:47proposed last time. So fully supportive

2:00:48of this port portion and um thank you

2:00:51for putting it forward. Thank you

2:00:53>> Mr. Ker.

2:00:58Um Jeff, right now on the amendment,

2:01:03what what is the current process right

2:01:05now? If someone was violating

2:01:10if it was in violation of our current

2:01:11laws, what happens?

2:01:13So it's it's not uh codified but

2:01:16typically um what what happened was when

2:01:22um we we have [snorts] certain

2:01:25regulations in the state land use

2:01:27agricultural district under state law

2:01:30and we have different regulations under

2:01:33the county code. The state regulations

2:01:36require that we send out a warning

2:01:38letter before we issue a notice of

2:01:42violation within the state land use

2:01:44agricultural district. So because there

2:01:48was this uh complication as far as

2:01:51process, we ended up uh making it a

2:01:54requirement that before we issue a

2:01:57notice of violation, we send out what we

2:02:00call a courtesy letter, which is very

2:02:03similar or uh synonymous to a warning

2:02:06letter. Basically, we're informing the

2:02:09applic the the proposed uh violator that

2:02:12we've received a complaint. this is what

2:02:15the complaint alleges. Um, we're asking

2:02:18to set up a site inspection and we're

2:02:22asking you to submit information that

2:02:25may help us in our investigation. So,

2:02:27it's a type of warning letter, but in

2:02:30this particular case, this amendment

2:02:32makes it even clearer as far as that

2:02:36process. So, it'll codify it. Um, but

2:02:40basically, it is very similar to what we

2:02:42do right now. Why why did the state add

2:02:45that warning letter in?

2:02:47>> I I it sounds like they wanted uh the

2:02:51opportunity for anybody that was going

2:02:54to receive a violation to have time to

2:02:58fix it before they were issued a

2:03:00violation.

2:03:01So if you read uh HRS 20513, it goes

2:03:05into detail as to uh that particular

2:03:09process. Uh it doesn't really say why

2:03:12they put that in there, but it's it

2:03:15gives them this period of time up up to

2:03:1860 days to resolve the violation before

2:03:21we issue

2:03:23uh an actual violation notice.

2:03:26>> Are are the laws not clear regarding who

2:03:29can and cannot do vacation rentals on a

2:03:32land right now?

2:03:35there. That's a big reason why we're

2:03:39trying to implement this. Right now,

2:03:41it's uh more bed and breakfasts. Uh we

2:03:45have SDVRs, but the on lands those were

2:03:50limited to the non-conforming use

2:03:52certificates. Anybody operating a SDVR

2:03:56on a land at this point would be in

2:03:58violation.

2:04:00And so again, regardless if it's

2:04:03vacation rentals or a a junkyard or auto

2:04:07repair, whatever the violation is, we're

2:04:11required by law to send out a viol a

2:04:14warning letter in the state line use act

2:04:17district.

2:04:20Part of me likes the we'll warn you

2:04:23first, but the other part of me thinks

2:04:25if you're doing something that's

2:04:26illegal, I mean, most most most

2:04:29of us don't like to do illegal things,

2:04:31so we don't do them because we know

2:04:33there's a repercussion. So, I find these

2:04:36interesting

2:04:39as we look to warn people they may be

2:04:41doing something illegal and it's pretty

2:04:42clear that it is. Yeah.

2:04:48Okay.

2:04:50Okay.

2:04:56I thank you. Okay. Mr. Witz.

2:04:59>> Nope. You don't have to. Okay. See

2:05:02hearing none. Okay. Mr. Clerk. Call

2:05:05>> on the motion to amend bill 147 draft 2

2:05:08as amended per communication 806.19.

2:05:12Council member Gimba.

2:05:14>> I.

2:05:15>> Council member Hustus. Hi

2:05:17>> Cherry Naba.

2:05:18>> Council member Kagiada.

2:05:20>> Hi.

2:05:20>> Council member Connelly Kleinfelder.

2:05:22>> Hi.

2:05:23>> Council Kirkowitz.

2:05:24>> Hi.

2:05:24>> Council member Kimell.

2:05:25>> Hi.

2:05:26>> Council member Viegas.

2:05:28>> Acting Chair Onishi.

2:05:29>> I.

2:05:29>> Acting Cherish. You have seven votes in

2:05:31favor of council members Inaba and

2:05:32Viegas absent any excused. The motion to

2:05:35amend carries.

2:05:36>> Okay. So we're still on bill 147 as

2:05:40amended. Mr. Houston.

2:05:41>> Thank you vice chair.

2:05:43>> Go ahead. Uh move to amend bill 147 as

2:05:46amended with the contents of

2:05:48communication 806.20.

2:05:51>> Second.

2:05:53>> Motion by Mr. Houston, second by Miss

2:05:55Khalima. Go ahead, Mr. Houston.

2:05:57>> Thank you, Vice Cherishi. Uh this

2:05:59amendment, you know, we've had some

2:06:01conversations about and we heard from

2:06:02community on um uh the bedroom uh limits

2:06:07and capacity there. So, this amendment

2:06:09addresses the five-bedroom limitation

2:06:11contained uh within the proposed

2:06:13definition of transient vacation rental.

2:06:16Uh specifically across our resort and

2:06:19resort node areas, there are existing

2:06:22larger homes with six or more bedrooms

2:06:25that are currently offered as vacation

2:06:27rentals. My office has identified at

2:06:30least 30 with such properties that have

2:06:34bedrooms above that scale.

2:06:37These areas are already designated for

2:06:40resort related activity and have

2:06:42established visitor have an established

2:06:43visitor presence. So this amendment

2:06:45recognizes that the five-bedroom

2:06:47limitation may not be appropriately

2:06:49refle reflect the character of those

2:06:51existing resort communities. So the

2:06:53proposed change here would allow

2:06:55qualifying properties wholly situated

2:06:58within the general plan designated

2:06:59resort or resort nodes those areas to

2:07:02fall within the definition of a TVR

2:07:04regardless of the number of bedrooms or

2:07:06suites. Uh that this does not eliminate

2:07:09any applicable building fire or other

2:07:12land use requirements. It addresses the

2:07:14bedroom limitation within the TVR

2:07:16definition while retaining the broader

2:07:18regulatory sort of framework that's

2:07:20established in 147. So, thank you.

2:07:23>> Okay, Miss Gimbo. Okay, Miss Kimbo.

2:07:28>> Yeah, thank you. Um I think this

2:07:31represents kind of the best functioning

2:07:33of this council because this was raised

2:07:36as a problem that some of these resort

2:07:38areas um particularly like Monolani

2:07:41Monet resort area had these larger homes

2:07:45and I didn't actually really have a good

2:07:47idea to solve it and I think you have

2:07:49done so very simply and eloquently here

2:07:51in this amendment. So I am supportive um

2:07:55because you know despite what some of

2:07:57the commentary has has reflected I'm

2:07:59actually trying to make this as easy as

2:08:01possible for our residents and um this

2:08:05um this is it it's sometimes being

2:08:09simple is difficult when you have such a

2:08:13a convoluted state that we're having to

2:08:15to accommodate. Um, as you mentioned,

2:08:19regardless of this land use policy

2:08:22change here that's proposed in the

2:08:24amendment, um, land owners should be

2:08:26aware that the building division is

2:08:28going to require potentially some of,

2:08:31um, additions or changes to buildings

2:08:34based on the building code and the

2:08:36number of rooms for rent and that

2:08:39triggering a a change in the um,

2:08:42assignment of the type of building code

2:08:44that applies. Um, I can't really speak

2:08:46too in depth to that, but folks should

2:08:49just be aware that that's still going to

2:08:50apply regardless of this amendment. But

2:08:53thank you, James, for um figuring this

2:08:56out. Appreciate it.

2:08:57>> Sorry, D. Do you have any comments?

2:08:59>> Just want to uh show my support again.

2:09:03Really appreciate uh thinking out of the

2:09:05box on this one. I know we have received

2:09:08a lot of inquiries at planning and this

2:09:11should help uh a lot of those issues

2:09:14that are occurring. Thank you Mr.

2:09:18>> Um thank you chair.

2:09:21I'm in support of this amendment

2:09:23director. Thank you for um also

2:09:26providing the department's view on this.

2:09:29I just want to make sure that it's been

2:09:30reviewed and vetted by corporation

2:09:32council and that there are no legal

2:09:33issues with this amendment.

2:09:37the uh we do have corporation council

2:09:40available through zoom. Uh she did

2:09:42review both the or all three of the all

2:09:46four of the amendments that came

2:09:47through. There was a question uh when

2:09:50this came up uh because our focus is on

2:09:54dwelling units and the concern was this

2:09:57falls into that definition of hotels in

2:10:01motel but when it when something is

2:10:06permitted as a dwelling that's what

2:10:08we're looking at. It's not permitted as

2:10:10an inn or a hotel or a motel. This is

2:10:13what we're focusing on. And as

2:10:16Commissioner, I'm sorry, Council Member

2:10:18Houston said, in the resort nodes, we'll

2:10:21see a lot of these much larger dwellings

2:10:24that I mean could have uh 10 maybe even

2:10:28more bedrooms. Um so this would be um

2:10:32applicable. It does in this particular

2:10:36section state very clearly this applies

2:10:39to a dwelling unit.

2:10:41>> Thank you. Deputy, was there anything

2:10:43else you wanted to add?

2:10:45Um, no. I reiterating what um the

2:10:48director said. I I h I did review this

2:10:50and on further review noticing the use

2:10:54of the term dwelling unit in here, I

2:10:56have no legal concerns. I think it

2:10:57accomplishes what it's intended to do.

2:11:00>> Okay. Fantastic. Thank you. And then

2:11:02director, as far as the applicability of

2:11:05this, because we are going through

2:11:06registration process,

2:11:09um, how is this going to be woven into

2:11:12that dynamic? Should this pass?

2:11:15>> Yeah, we'll we'll need to adjust and

2:11:17include these as part of the

2:11:19registration process because these are

2:11:22being identified as TVRs.

2:11:25>> And is that a pretty simple fix with the

2:11:28vendor that's been secured to build out

2:11:30that form and help us manage

2:11:32registrations?

2:11:33>> It it would be with them. I think we may

2:11:36need to do a minor adjustment to chapter

2:11:38six. Uh I'm sorry. Yeah, chapter six. Uh

2:11:42but again, we'll uh come back with that

2:11:45pretty quickly.

2:11:46>> Okay. Thanks for the context. I yield,

2:11:48chair.

2:11:49>> Okay. Any other M Kimble?

2:11:50>> Yeah, I I was just going to add that

2:11:52this will require a followup with an

2:11:55amendment to chapter six, but that was

2:11:56going to have to happen anyway. There's

2:11:58going to be some clean up just to make

2:11:59everything align. And I do want to do

2:12:02what um Council Member Hust did, which

2:12:04is not have things in two places, but

2:12:07now it'll refer like chapter 6 will

2:12:09refer to the chapter 25 definition of a

2:12:11TBR. I think is that an amendment we'll

2:12:13need to make to move this forward, but

2:12:15they can proceed without that um being

2:12:18done. Thanks.

2:12:21>> Okay. Any other discussion? Mr. Clerk,

2:12:23roll call

2:12:24>> on the motion to amend bill 147 draft 2

2:12:26as amended per communication 806.20.

2:12:30Council member Galima.

2:12:31>> I.

2:12:32>> Council member Hustus.

2:12:33>> I.

2:12:34>> Cherry Naba.

2:12:36>> Council member Kagiada.

2:12:37>> Hi.

2:12:37>> Council member Connley Kleinfelder.

2:12:39>> Hi. Council Kirkowitz.

2:12:41>> Hi.

2:12:42>> Council member Kimell.

2:12:44>> Hi.

2:12:44>> Councelor Viegas. Acting Cher Nishi.

2:12:47>> I.

2:12:47>> Acting Cher Nishi. You have seven votes

2:12:49in favor with council members Inaba and

2:12:51Viegas absent excused. The motion to

2:12:53amend carries.

2:12:54>> Okay. So, we're back to the main motion

2:12:57140 bill 147 as amended. Any more

2:12:59discussion?

2:13:01Mi.

2:13:02>> Thank you. Just a quick clarification.

2:13:04Director. Um, you said when you were

2:13:07explaining why this is so important

2:13:08earlier, you said at this point it would

2:13:11be BNB not hosted.

2:13:14Um, so I just want to clarify that if

2:13:17this were not to go through currently

2:13:20stands as BNB

2:13:22for all vacation rentals that have an

2:13:25on-site host. Is that correct? Is that

2:13:28what you were referring to?

2:13:29>> Yes. We do not have uh in our code or

2:13:32rules uh a term hosted rentals. So they

2:13:36would revert back to bed and breakfasts

2:13:39or uh the other term we have is

2:13:42short-term vacation rentals commonly

2:13:44called unhosted.

2:13:46>> Okay. Thank you. I just wanted to be

2:13:47clear because I know that was an

2:13:49important distinction for a lot of

2:13:50people that I talked to. um they really

2:13:52would prefer to not be to um to be BNBs

2:13:58but to be hosted rentals and I I do

2:14:01believe this is uh being fixed in this

2:14:03bill. So thank you. That's all I have. I

2:14:06yield.

2:14:07>> Any other Miss Kimble? Yeah, just again

2:14:10um I would I would like to ask as a

2:14:13courtesy for any of my colleagues that

2:14:15are still uncertain about whether or not

2:14:17they can support this to voice that and

2:14:20voice their reason so that I may either

2:14:22offer explanation um further amendment

2:14:26um whatever is needed um because

2:14:30for the department um and again this for

2:14:35the department it's critical that this

2:14:36moves forward um so that we can have an

2:14:39efficient and enforceable process. So

2:14:41just ask my colleagues for that

2:14:43courtesy.

2:14:45>> Okay, Mr. Confer

2:14:48you're on the main motion.

2:14:50>> Yes.

2:14:51>> Okay.

2:14:52Um

2:14:58trying to say this in a in a tactful

2:15:00way.

2:15:06I forget when, but during the course of

2:15:10all of these bills,

2:15:12uh, a statement was made that these

2:15:15bills can pass independently of each

2:15:17other

2:15:19with no effect on any of the other

2:15:21bills.

2:15:24And I listened to that statement very

2:15:26carefully.

2:15:28As we proceeded to go through the

2:15:30different votes for the different

2:15:31measures brought forward, I realized

2:15:33that they do actually have an effect on

2:15:36each other and they are not independent.

2:15:39Listening to the planning director's

2:15:41concerns about the effect of

2:15:44the amount of

2:15:47applications they will receive and field

2:15:49if 147 doesn't pass. Given the

2:15:53registration bill that we passed, these

2:15:56all do go together.

2:15:58And I

2:16:01as I begin to understand

2:16:04the complexity of what we are dealing

2:16:06with

2:16:08and seeing that they do actually

2:16:10interlock,

2:16:12it is frustrating

2:16:14to go through the process

2:16:17but to have it based on these can go

2:16:21forward or not with no effect on each

2:16:24other. And as I watched it be completely

2:16:29not true, it was very hard to

2:16:33walk through the bill with an open mind.

2:16:36And that was part of my

2:16:38concern and issue and and seeing the

2:16:41amount of amendments today.

2:16:46I'll be supporting,

2:16:48but I I wanted to provide that to the

2:16:51maker for food for thought. Statements,

2:16:55small or big, during the proceedings,

2:17:00they they can I mean, of course, they

2:17:03can affect the vote, but when you hear

2:17:05something like that, these can all move

2:17:06forward or not independently, and it has

2:17:08no bearing on what's going to happen.

2:17:10And I when I'm faced with the the drive

2:17:14home and I got to talk to myself for two

2:17:16hours about that that quote,

2:17:19it it wears on me and I I can't I cannot

2:17:22I can't really explain that well, but it

2:17:23just it just wears on me that I have to

2:17:27make a decision

2:17:29listening to testifiers and then do

2:17:32what's best for our community

2:17:35when the logical statement was never

2:17:37true to begin with.

2:17:40So, uh, supportive of what we have in

2:17:43front of us today, understanding that

2:17:45the department is concerned about the

2:17:47impact of 147 not passing because we

2:17:51pass other legislation that directly

2:17:54impacts the department if we don't pass

2:17:56147.

2:17:58It's complex.

2:18:00Uh, it deserves attention.

2:18:03And, uh, today we're on what? We're on

2:18:06second. First, second.

2:18:07>> First,

2:18:08>> we're on first. Okay. But I wanted to

2:18:10make sure the public has a chance to

2:18:12digest what we have done before we

2:18:14proceed any further and make sure we're

2:18:16not on the second and final reading.

2:18:17Okay. Uh so support of what we did

2:18:20today. Just food for thought in the way

2:18:23things are presented especially when

2:18:25something complex across three or four

2:18:26different measures is brought to the

2:18:28council and the public for

2:18:31digestion and with such an impact

2:18:34potential impact on livelihoods and

2:18:36economy. Thank you. Okay, Miss Kimble.

2:18:41>> Yes, if I if I may. Um, you know, there

2:18:43there was never any intention on my part

2:18:46to be misleading. Um, maybe it is a

2:18:49question of semantics and nuance. Um,

2:18:52when I say that each of these things,

2:18:54whether it's the registration process,

2:18:56this land use portion, the tax bill, um,

2:19:00and the fact that they could be passed

2:19:02independently and it wouldn't impact

2:19:04each other. So, for example, if we don't

2:19:07pass 147, the registration process can

2:19:10still happen. Um, if we didn't pass the

2:19:13registration process, this land use

2:19:15piece still could have happened. If we

2:19:17didn't pass either, the tax piece still

2:19:19could have happened. They do play

2:19:21together and that's inevitable. And

2:19:23there is a relationship. In this case,

2:19:26um the the registration process has been

2:19:28passed. If 147 doesn't pass, that

2:19:31registration process will still exist.

2:19:33it'll just be a little bit more

2:19:34burdensome. So never I never imply that

2:19:37there wasn't a relationship between all

2:19:38of these. But I did imply that they

2:19:41could pass or not pass independent of

2:19:43each other and still serve their

2:19:45function that the individual bills

2:19:46themselves. So I I hope that provides

2:19:49some some clarity because I wasn't ever

2:19:51trying to be disingenuous. If anything,

2:19:53I have tried to be exceedingly

2:19:55transparent with this process in terms

2:19:56of all of the webinars we put out there,

2:19:58the podcast, all the things. Um, so I

2:20:01hope I hope that provides some some

2:20:02clarity and I do appreciate your support

2:20:04of moving this to second reading today.

2:20:06So, thank you,

2:20:08>> Mr. Kirkowitz.

2:20:10>> Thank you, chair. Um, director, so I'm

2:20:14looking at the bill section 254 C

2:20:17regarding unhosted TVs and where they're

2:20:19permitted. So, there was a a change um

2:20:22made in committee when we last met

2:20:25removing RM and some changes to where CN

2:20:29applies. I'm curious if the maker or the

2:20:33planning department has reached out to

2:20:36property owners in these particular

2:20:38zoning districts to let them know of

2:20:40this change.

2:20:44I'm trying to understand the impact

2:20:47because not everybody reads the paper,

2:20:49not everybody's, you know, tuning into

2:20:50council meetings. Not everybody checks

2:20:53their email. And so a lot of folks have

2:20:55made business decisions based on laws

2:20:59that have been on the books. And so I

2:21:02just I want to understand what sort of

2:21:04community engagement has happened. Um

2:21:06and if there's anyone that might be

2:21:08falling through the cracks with this new

2:21:10language.

2:21:14Well, I I can't say that we did um

2:21:19separate outreach in regards to this

2:21:21particular section of the bill. We had

2:21:24received uh a tremendous amount of uh

2:21:28testimony and phone calls from people

2:21:31that were concerned that they would be

2:21:33losing um their short-term vacation

2:21:37rentals uh seeing what was happening to

2:21:40the bill. um we

2:21:43uh expressed to them that they already

2:21:46had their their STVR, this bill wouldn't

2:21:50affect them. Um my understanding is that

2:21:54the reason why we're um at the language

2:21:57we have here is because of testimony

2:22:00that came in requesting that RM be taken

2:22:03out and CN. I think a balance was

2:22:07reached where if you look at section A4

2:22:12that it says that if um there is RM

2:22:17zoning and they've received their plan

2:22:19approval, which means basically they're

2:22:22existing currently. So you have

2:22:24condominium units, you have something

2:22:27that's being constructed that did

2:22:29receive plan approval, they would be

2:22:31able to be permitted. It looks like this

2:22:34bill is for those properties moving

2:22:37forward that are unbuilt, unconstructed

2:22:40at this time that they would not be able

2:22:43to uh come in and take advantage of this

2:22:46bill unless they were located within the

2:22:50resort or resort uh node in the general

2:22:53plan.

2:22:55I get all that and I know that this

2:22:57particular amendment was initiated by

2:22:59the Kona Community Development Plan

2:23:02Action Committee. However, this piece of

2:23:04legislation has impact islandwide. So

2:23:08again, I just I struggle with it because

2:23:10yes, I appreciate honoring community

2:23:13voice, but it is from one very specific

2:23:15community and I don't know if all CDP

2:23:19action committees knew that they were

2:23:21afforded the same opportunity um to come

2:23:24up with amendments as part of the

2:23:26process. Um it

2:23:30AC's have become much more active in

2:23:33recent years um particularly regarding

2:23:36land use decisions

2:23:38um and so it I'm not saying that it's

2:23:41out of their scope of their kana but I'm

2:23:44again I'm just if this is something that

2:23:46they're going to be doing going forward

2:23:49um the same sort of opportunity should

2:23:51be made available to other action

2:23:54committees. Um, I, you know, I

2:23:58I've been involved with with this

2:24:00particular piece of

2:24:02legislation with Council Member Kimble

2:24:04for a number of years. Um, the what

2:24:08doesn't sit well with me is the timing

2:24:11of this because I I go back to when we

2:24:15had collaborated on previous legislation

2:24:17that said, "We want the community to

2:24:20register. register so we know where you

2:24:23are, who you are, the circumstances of

2:24:26your operation, and then we will do

2:24:29regulations.

2:24:32This flies in the face of all of that.

2:24:34It makes me feel very uncomfortable that

2:24:36I feel as if we have gone back on our

2:24:39word as county when we said trust us

2:24:43register we don't want to do anything to

2:24:46impact your operations because we've

2:24:47heard all the stories how this is part

2:24:49of retirement how this helps pay for

2:24:51kids educa education how this helps with

2:24:53the family's mortgage I get all of that

2:24:56so again I'm I'm really struggling

2:24:57because I know the impact it's going to

2:24:59have on your department but I also know

2:25:01what I promised community and that was

2:25:05register first so that we can get a lay

2:25:07of the lands and then we will rightsize

2:25:10regulations. I'm willing to vote yes

2:25:12today out of courtesy to get it to the

2:25:15next reading but I cannot make any

2:25:18commitments for how I would be voting on

2:25:20second reading. Thank you for

2:25:21understanding. I yield.

2:25:23>> M Kimble.

2:25:24>> Yeah, thank you. I I do appreciate your

2:25:26concern um council member Kirkwood and

2:25:28and we have been at this together for a

2:25:30long time. So I I do know that you know

2:25:33the the issue in in great detail. Um I

2:25:36just wanted to thank you for braising

2:25:39raising the RM question and the CN

2:25:41question because I do think that

2:25:43warrants a little deeper discussion. Um

2:25:46so first of all

2:25:49um short-term vacation rentals are

2:25:51currently allowed in all of the um CG

2:25:55and CV.

2:25:57In other commercial zoning districts

2:25:59like CN CDH, they are actually only

2:26:02permitted in the resort zones under the

2:26:05current code. Um there was a proposal

2:26:08that with the initial introduction of

2:26:10147 that they would be be also permitted

2:26:12in all neighborhood commercial CN and in

2:26:15downtown Hilo neighborhood commercial

2:26:17regardless of whether or not being in

2:26:19the resort zone. That is with the CN

2:26:22something we've rolled back. So now it's

2:26:24still permitted in CN, but only if it's

2:26:27in the resort nodes. So that's a really

2:26:30long way of saying we've actually gone

2:26:32back to the way it is now with with

2:26:34resort with respect to the commercial

2:26:36zones. With RM, the amendment we made

2:26:39last time did actually represent a

2:26:42significant policy change, which is to

2:26:44say that with RM, the current code

2:26:48allows short-term unhosted vacation

2:26:50rentals in the RM district across the

2:26:54board. Um, the change that we made last

2:26:57time says that, you know, any

2:26:59development that has not yet even been

2:27:01given plan approval. So to expand on

2:27:03what c the director said, you know, it's

2:27:05not it's not only the RM that exists

2:27:07that is still allowed to be continue is

2:27:10still allowed to be an unhosted rental.

2:27:12It is also the ones that have been given

2:27:14plan approval but haven't been built

2:27:15yet. So anybody that has or had an

2:27:18expectation that they would be able to

2:27:20do STVRs on their RM property still has

2:27:23that right. What is not um what what

2:27:27would change moving forward is outside

2:27:29of the resort nodes, any of the RM

2:27:31districts would exclusively be used for

2:27:34residential housing and could not be

2:27:36used as unhosted rentals. That is that

2:27:38is the change that we made with the

2:27:40amendment last time. I'm supportive of

2:27:42that. Um to your point about community

2:27:43engagement, yes, it did come from the

2:27:45Kona CDP action committee, but it was

2:27:47actually vetted by both the Winward and

2:27:49Leeward Planning Commission who

2:27:51recommended passage of that language.

2:27:53there was also that engagement at that

2:27:56level and and several testifiers at

2:27:58those um meetings that supported that.

2:28:00So, thank you for bringing that up so I

2:28:02could make sure that that was all clear

2:28:04with the commercial staff. We are just

2:28:05we've reverted back to what is permitted

2:28:08now and then really the policy changes

2:28:10on our end. But appreciate the the

2:28:13support to get this to the second

2:28:14reading. Um and again uh willing to

2:28:19consider any further tweaks that the

2:28:21body feels necessary to in support of

2:28:23the department. Thank you.

2:28:25>> Okay. Any other members?

2:28:28>> Okay. [clears throat] I'm going to have

2:28:29my just go ahead director.

2:28:30>> Thank you. Um I just want to say thank

2:28:33you very much uh commission council

2:28:37member

2:28:39sorry

2:28:40council member Kirkowitz. Uh I do uh

2:28:45definitely recall the messaging that

2:28:48went out uh when we did begin this. I

2:28:52mean we've been at this for

2:28:55a long time, right? And so, um, it would

2:29:00be most appropriate if the makers of

2:29:04this overall direction that we were

2:29:06going from the beginning were both

2:29:09completely supportive of what we're

2:29:11trying to do here. I would um I would

2:29:16suggest and hopefully the maker of the

2:29:19bill can be open to this is um right now

2:29:23there's a deadline for the grace period

2:29:26of December 31st of this year. My

2:29:30thinking is um you know we have opened

2:29:36up registration. It's been coming in.

2:29:39It's been slow and I think it's because

2:29:42they're waiting to see what'll happen.

2:29:44It also could be that people are

2:29:46thinking, "Oh, maybe they won't catch

2:29:49me." Uh, when you see how um elaborate

2:29:53this this program is, it sees uh

2:29:58everything going on online with vacation

2:30:01rentals and stuff. So, it's very clear

2:30:04that it's um it's going to have an

2:30:07effect when we move to the enforcement

2:30:10aspect of it, but that's not our goal

2:30:12and that's not what we want to do. We'd

2:30:15rather have people come in and register.

2:30:18What may be a consideration is moving

2:30:21that date to a more reasonable time

2:30:24frame to allow this opportunity for

2:30:27people to come in and register without

2:30:31doing the enforcement or putting

2:30:33pressure on them that they think they're

2:30:35going to be um you know under an

2:30:38enforcement action. Uh I'm completely

2:30:41open to that because again I agree that

2:30:45um our goal here is to bring them in and

2:30:49uh be able to get everybody uh moving in

2:30:52the same direction legally.

2:30:55>> Great director. You know I was thinking

2:30:58of and asking you that too. So members

2:31:01any any of one of you can also do that

2:31:04amendment on chapter six right to

2:31:06extending that deadline right? Yes. And

2:31:09we can take care of the um amendment

2:31:12that was brought up in regards to TVRS

2:31:15in resort notes as well.

2:31:17>> Correct.

2:31:17>> Thank you.

2:31:18>> Thank you. Okay. So, I'm going to just

2:31:20make a couple comments. So, one is that

2:31:23when you're talking and it kind of

2:31:25caught my ear about if this 147 pass,

2:31:30people who doing BMBBS in residential

2:31:32won't have to come to the planning

2:31:34department to get a a use permit. Is

2:31:38that correct?

2:31:39>> Correct. They would be they would still

2:31:41be required to register,

2:31:43>> right?

2:31:44>> But they would not be required under

2:31:46this bill to get a use permit.

2:31:48>> Correct. But now what I can foresee is

2:31:52that neighbors

2:31:55not knowing what's happening

2:31:58and then they're going to be shocked

2:32:00because there's no notification anymore,

2:32:02right? Of having them know that this

2:32:06your neighbor is going to be doing a

2:32:08B&B, right? So that I can foresee we're

2:32:12going to have some major complaints.

2:32:16The other thing is I have to echo M

2:32:19Kirkowitz and Mr. Connie Kleinfelder

2:32:21because when I met with you, I told you

2:32:23my frustrations about how all this

2:32:25happened, right? About how when the

2:32:29registration when we passed it, that was

2:32:31like my first [snorts] year on the

2:32:32council telling, okay, we just got to

2:32:35pass this to get that information da da

2:32:38da. Then all of this other things now

2:32:40start coming up and then it's like,

2:32:42okay, we don't pass bill 147,

2:32:45it reverts back to what the law is now.

2:32:49And [snorts] that going help kind of

2:32:51give planning department more work to do

2:32:54which they don't have enough manpower

2:32:56right because of all the applicants that

2:32:58would be coming in. So I as I told you

2:33:03it's kind of backwards we're moving

2:33:05right we should have done all this first

2:33:08and have them planned also with the with

2:33:10the registrations but in a timely manner

2:33:14right and that's why I I look at this

2:33:17and I look at other legislations that

2:33:19was done in the past it's kind of the

2:33:21same but because I got to bring back

2:33:23when we were on the council back then

2:33:25when I was on the council back then we

2:33:27never really had this kind situations

2:33:30Right. Everything was like kind of

2:33:32planned out. And so now I'm like, "Wow,

2:33:35this is kind of crazy." And I I can and

2:33:38I can sympathize for the public because

2:33:41then they get confused too because if

2:33:43we're getting confused, can you imagine

2:33:45them, right? So I I you know I I and I

2:33:50understand and I you know I I will also

2:33:54support this today

2:33:56but I don't know on the final reading

2:34:00what I might do depending on what

2:34:02happens right. Okay

2:34:06but thank you for always working with

2:34:08me. Thank you. Uh, Chair Oishi, I I just

2:34:12wanted to mention that um the platform

2:34:15that we do have will be we'll have a

2:34:17public facing platform that will allow

2:34:20people to be able to see where these uh

2:34:23TVRs are operating, who the reachable

2:34:26persons are, and uh provide them

2:34:29information. In in my experience in

2:34:33regards to enforcement with these, we

2:34:36we've been pretty fortunate in regards

2:34:39to the fact that we haven't received a

2:34:42lot of complaints from active ongoing

2:34:45STVRs and BNBs. It's very minimal.

2:34:50>> So, that's a good thing because it shows

2:34:52that these guys are operating in a in a

2:34:56non-impactful manner. Um, so just from

2:35:01experience, that's what I I can tell

2:35:04you.

2:35:04>> But then with Bill 147 passing, we could

2:35:07see an increase because now they don't

2:35:09have to get that use permit.

2:35:11>> Yeah. I I mean, we may, but we also see

2:35:15what's out there now currently operating

2:35:17without a permit.

2:35:18>> And that system that you folks have is

2:35:21awesome, right? You showed me that.

2:35:22Yeah.

2:35:23>> Yeah.

2:35:23>> Okay.

2:35:24>> But I'm just I just kind of Yeah. I

2:35:26that's my concern because then but thank

2:35:28god we have the parking sto inside

2:35:30>> and I think that's where we will find

2:35:32problems with parking.

2:35:34>> Yeah, but

2:35:35>> that's the key.

2:35:36>> Yeah, right. Thank you. Thank you,

2:35:38director.

2:35:39>> Okay, Mr. Clerk, roll call.

2:35:41>> On the motion to pass bill 47, draft two

2:35:44as amended on first reading. Council

2:35:46member Gimma,

2:35:47>> I.

2:35:47>> Council member Hustus.

2:35:49>> I.

2:35:50>> Council member Yinaba.

2:35:52>> Council member Kagiada.

2:35:53>> Hi.

2:35:53>> Council member Connelly Kleinfelder. I

2:35:56council

2:35:56>> Kirkowitz. I

2:35:58>> council member Kimble

2:35:59>> I

2:35:59>> council Viegas acting chair on Nishi

2:36:01>> I

2:36:02>> acting chair Nishi you have seven votes

2:36:04in favor with council member and viegas

2:36:06absent and excuse bill 147 draft 2 as

2:36:10amended passes first reading

2:36:11>> thank you m clerk uh let's go to reports

2:36:14because missiona is you know available

2:36:17now

2:36:18>> is there any testimony for go 164

2:36:20communication 1107

2:36:23>> chair motion to

2:36:24>> hear none go 164 Four, communication

2:36:271107, nomination of Annette Iona to the

2:36:30merit appeals board.

2:36:33>> Chair motion to close file on GOEAC164,

2:36:36communication 1107, and confirm the

2:36:39nomination of Annette Ayona to the merit

2:36:41appeals board.

2:36:43>> Okay. Motion by Miss Kirkowitz, second

2:36:46by Miss Kagiada. Any discussions?

2:36:50Hearing no seeing none. All those in

2:36:52favor of approving the nomination on it.

2:36:54Uh Iona to the merit appeals boards,

2:36:57please say I.

2:36:58>> Those opposed.

2:37:01We have seven seven eyes and two

2:37:04excused. Uh Cher Nava and Miss Viegas.

2:37:07Motion carried.

2:37:07>> Motion carried. Thank you.

2:37:09>> Yep.

2:37:10>> Okay. So now let's go to um

2:37:16bill 195.

2:37:19195. Yes.

2:37:27Is there any testimony for bill 195

2:37:30which is at first reading

2:37:34hearing? None. Bill 195 amends chapter

2:37:3619 of the Hawaii County Code 1983 2016

2:37:39edition as amended relating to the

2:37:41non-dedicated agricultural use

2:37:43assessment extends a substate date of

2:37:45non-dedicated agricultural use

2:37:47assessment by one year introduced by

2:37:49council onishi

2:37:51motion

2:37:53>> chair motion to approve bill 195 on

2:37:56first reading okay

2:37:57>> motion by miss kirkowit second by Mr.

2:38:00currently playingfelder. At this time,

2:38:02I'm going to withdraw bill 195.

2:38:07>> Yeah.

2:38:08>> Oh, yeah.

2:38:10>> So, which Okay. So, Mr. withdraw.

2:38:13>> Oh, it's understood that the bill is

2:38:15being withdrawn from further

2:38:16consideration.

2:38:17>> Correct.

2:38:18>> Very good. Thank you.

2:38:18>> Okay. Thank you.

2:38:20>> Okay. Now, let's go down to final

2:38:23reading. Bill 192, draft three.

2:38:28Is there any testimony for bill 192

2:38:30draft three which is at second and final

2:38:32reading

2:38:35>> chair motion to approve bill

2:38:37>> I need to read it in please I know I

2:38:39appreciate your sense of urgency

2:38:41[laughter]

2:38:42hearing no testimony bill 192 draft 3

2:38:45amends chapter 19 article 11 section

2:38:4719-90 of the Hawaii County code 1983

2:38:512016 edition as amended rating property

2:38:53tax extends the requirement to

2:38:55appropriate residential tier and tier 3

2:38:57property tax revenue to housing and

2:38:59homelessness programs until 2029

2:39:02requires that monies to be used toward

2:39:04to award grants that address housing and

2:39:06homelessness introduced by council

2:39:08marine naba this past first reading

2:39:10October 7 2026

2:39:12>> motion

2:39:13>> chair motion to approve bill 192 on

2:39:16second reading

2:39:17>> second motion by Miss Kirkwood second by

2:39:20Mr. Houston. Any discussions?

2:39:23Mr. Kleinfelder.

2:39:31Okay. Admin Costa, if you would, please.

2:39:38Thank you for being here today. I'm not

2:39:40going to repeat myself. You know where

2:39:42I'm at. Um, but we did ask for

2:39:43information last time. What you got for

2:39:45me?

2:39:48>> [clears throat]

2:39:49>> Hi, Kahal Costa, housing administrator.

2:39:52Um, you primarily asked for information

2:39:56around two areas. Fiscal accountability

2:39:59and the process that we go through and

2:40:01then metrics, baseline, some of that

2:40:04data.

2:40:06um [clears throat] fiscal

2:40:08accountability.

2:40:10I can just kind of walk you through a

2:40:12little bit of the process that we go

2:40:14through um prior to awarding

2:40:18um the contracts or or after selection

2:40:21of the proposal, we go through the

2:40:23budgets with the nonprofits, make sure

2:40:25that the budget line items are eligible,

2:40:28no um red flags for us or or um uh areas

2:40:34of concern. and then we bring that to

2:40:36council for the further discussion. Um

2:40:40once those budgets are approved by

2:40:42council, we um begin our monitoring. So

2:40:45it's monthly expense reports that come

2:40:47back in from the nonprofits. It's on a

2:40:50reimbursement basis. So those monthly

2:40:52expense reports come into our program

2:40:54staff. They're reviewed by the staff for

2:40:57eligibility, the budget tie out, any

2:40:59errors, any spending trends, um

2:41:03calculation errors. uh anything that is

2:41:06a red flag. Program staff go back and

2:41:09work work with the nonprofits to

2:41:11determine whether they're you know to

2:41:13question that um request for

2:41:15reimbursement. It goes from our program

2:41:18staff. Once the reimbursement is the

2:41:22request is approved, it goes to our OC

2:41:25account accounts team. That's another

2:41:27level of review. Um and then it gets

2:41:30routed for payment through it comes up

2:41:33through me for approval and then over to

2:41:35finance um for payments. Anytime program

2:41:39staff or accounts have any concerns or

2:41:42or see any issues, program staff work

2:41:46with the nonprofits to understand

2:41:49what the expense was, what the spending

2:41:52trends are. if we're seeing that there's

2:41:55um higher spending on on certain line

2:41:58items as we're monitoring the contract

2:42:01year uh month over month um if it looks

2:42:03like they're under spending,

2:42:05overspending, what's going on with the

2:42:07program.

2:42:09Our accounts team does an annual field

2:42:11audit. So then they go out and with to

2:42:15the nonprofits um and actually pull

2:42:18files and do spot checks along with um

2:42:21the monthly reporting. That's our

2:42:24current process. Um it's a little bit

2:42:27administratively

2:42:30intensive. Um it can be improved. You

2:42:33know, we are looking for ways to to

2:42:37really do that better. I think when we

2:42:38have the audit report, we'll have some

2:42:40recommendations coming from from our

2:42:42auditor. Um that's the process as it is.

2:42:47>> Okay. And then the next piece,

2:42:50>> um you asked for kind of metrics and

2:42:53spending. Um [clears throat] you know,

2:42:56you you're concerned about baseline and

2:42:59you're correct. You know, prior to this

2:43:02fund, the only baseline that we had for

2:43:06for homeless or unhoused for Hawaii

2:43:09County was our point in time count,

2:43:12which is that annual um annual

2:43:15uh

2:43:16>> point in time.

2:43:17>> Point in time. Yeah, it is. It is what

2:43:20it is.

2:43:20>> Oh, who who takes that?

2:43:22>> Um it is

2:43:24>> who provides it?

2:43:25>> Yes. So, it's a um HUD required

2:43:29activity. So, it's coordinated by our

2:43:33continuum of care um on Hawaii Island.

2:43:36The continuum of care is called Bridging

2:43:38the Gap. And so it's a con it's a it's a

2:43:42consortium or it's a a collaboration of

2:43:45our nonprofits that are receiving HUD

2:43:47funding and they work together to

2:43:50coordinate the point in time and it

2:43:52depends on who's chairing the um the the

2:43:57continuum of care.

2:43:58>> Who's the current or past shares of COC

2:44:01in the last three years? Um it has been

2:44:05uh hope services and it may currently be

2:44:09neighborhood place of puna. It's still

2:44:12hope services. Hope services

2:44:14>> makes sense. Thank you.

2:44:15>> Yeah.

2:44:15>> So I mean they they receive the larger

2:44:18portion of HUD COC funding I believe

2:44:21>> as well as the HHF. Yes.

2:44:23>> Yeah.

2:44:23>> Okay. So they they're responsible for

2:44:25getting the point in time count.

2:44:28>> Yeah. It many volunteers are involved in

2:44:31that. So, I think some of our council

2:44:33members may have gone on point in time

2:44:34count. Our staff go on point in time

2:44:36count and um a lot of the nonprofit

2:44:39organizations, they participate because

2:44:41it's islandwide and they get out into

2:44:43the communities on that particular point

2:44:48um in time. Uh but currently so that you

2:44:52know that has been our baseline but

2:44:54currently through the HHF fund we have

2:44:57our engagement hoy which over the past

2:45:01three years has developed into somewhat

2:45:04of a local point daily point in time

2:45:09count. So,

2:45:11um, if I mean getting technical, our COC

2:45:15has a database system that HUD requires

2:45:18all of our continuum of care

2:45:20participants to enter um into that

2:45:23database. It's it's limited to those

2:45:26that are participating in that in the

2:45:28COC program and in HUD funding. So, it's

2:45:31only the organizations that receive HUD

2:45:33HUD funding that are entering into that

2:45:36database where we can see what our um

2:45:39homeless

2:45:41census is, for lack of a better word.

2:45:43We've developed a county homeless

2:45:46management system which incorporates any

2:45:49nonprofit that wants to participate in

2:45:52that. Um, and that helps us to kind of

2:45:55get have a a broader picture. It's only

2:45:58just like the census. It only is a

2:46:01picture of those who participate and

2:46:04provide um you know their their data to

2:46:08the system. So we do have a more robust

2:46:10system um and uh that's available if

2:46:16for for that piece.

2:46:23Do the

2:46:24different nonprofits provide that

2:46:27information and upload it so they're all

2:46:29taking an independent count of who

2:46:32they're servicing or who they're seeing

2:46:33in the community and then report that

2:46:35back. How does that work?

2:46:38>> Yep. So there's a

2:46:40weekly meeting.

2:46:43>> Weekly pathways is weekly

2:46:46>> weekly meeting. Um, and yes, they enter

2:46:49into the database their participants and

2:46:53it's become kind of a way to do case

2:46:55conferencing also around our our

2:46:58individuals that need referrals. Um,

2:47:01it's and and it's a pathway into housing

2:47:04so we can um kind of prioritize those

2:47:08that are housing ready in the system for

2:47:11emergency shelter beds, permanent

2:47:13supportive housing units that are open.

2:47:16Um and it it is the way that we help to

2:47:19u move people along this pathway into

2:47:22housing home for our unhoused.

2:47:26>> Is it specific information given as like

2:47:29a name social security or is it just

2:47:31we've helped x number of individuals?

2:47:34>> It's individual information. Um it may

2:47:37not have all the PII that you're talking

2:47:40about. Um but it is individualbased. Um

2:47:43it's a HIPPA compliant

2:47:46um database. We work with a vendor and a

2:47:49contractor to um ensure that that is a

2:47:52HIPPA compliant and there's consent on

2:47:56behalf of the individual that's

2:47:58participating. So this is how you know

2:48:00there there are homeless that say yes I

2:48:02want to participate. I want to be

2:48:04connected to services. They provide

2:48:06their consent to enter into our system

2:48:08so that they can be matched with

2:48:10appropriate services. Um case

2:48:13management. There are individuals who do

2:48:16not want to participate. They're not in

2:48:18our in our system.

2:48:20>> Okay. And then are the names

2:48:24that are unique pulled out? So we don't

2:48:27have duplication of

2:48:29>> unique identifiers. Yes.

2:48:31>> And when we do that,

2:48:34do we have total numbers of individuals

2:48:36assisted?

2:48:38>> Yeah. [clears throat] So, you know, just

2:48:40kind of broader picture what I wanted to

2:48:42um maybe share with you today. And I

2:48:47really want to thank Michelle Hiraishi

2:48:49who's been working on our as a program

2:48:51manager um and some of our staff for

2:48:54putting this together um for me to share

2:48:58with you today.

2:49:00You know, we talk about the 32 million

2:49:02that has been appropriated over the

2:49:05first three years of the program. Um

2:49:08when we look at how we've how we've kind

2:49:12of bucketed that 32 32 million over the

2:49:16three years um there's one two three

2:49:20four five kind of five buckets that we

2:49:23we look at where we've invested. So

2:49:27that's outreach and engagement, um

2:49:30supportive support programs, sheltering,

2:49:33and then long-term housing solutions,

2:49:36and then others which include some of

2:49:38our um software and data pieces,

2:49:42consulting um services. So over the

2:49:45three years, we've um

2:49:50we've gotten much better in year three

2:49:53at the that unduplicated number because

2:49:56we've put a lot of work into designing

2:49:59the system where we're collecting the um

2:50:01the individual

2:50:03information. Um so you know over the

2:50:07three years in outreach we've invested

2:50:102.9 million in support services

2:50:158.6 million in our shelter operations

2:50:1810.7 million long-term housing 5.2 and

2:50:23then in some of our uh systems uh 1.6 6

2:50:28million. That's the first three years.

2:50:31Um

2:50:34overall, our total outreach in the three

2:50:37years

2:50:38were was

2:50:412,894

2:50:43households. And that's 4,166

2:50:47individuals unduplicated

2:50:50that have participated in any one of

2:50:53these

2:50:55>> in three years. in three years.

2:50:57>> Yeah. So, 30

2:51:00$32 million and we've assisted

2:51:03>> 4,166

2:51:05individuals.

2:51:06>> Individuals. So, that when you say

2:51:08households, which is actually defined as

2:51:10one or more people per HUD, right?

2:51:12>> Yes. Yeah.

2:51:13>> And then you say 2,400

2:51:17individuals.

2:51:18>> 2,894

2:51:20households.

2:51:22That's 4,166

2:51:24individuals.

2:51:27So that that so the household's number

2:51:29is actually a piece of your individual's

2:51:32number given that households may be one

2:51:33or more.

2:51:34>> Yeah.

2:51:34>> So we've helped 4,800 people

2:51:37>> 4,166

2:51:39individuals.

2:51:40>> Sorry. 4,166

2:51:42individuals

2:51:44with $32 million over three years. Okay.

2:51:50>> Yes.

2:51:51And those are non-duplicative

2:51:54numbers that you presented.

2:51:55>> Unduplicated.

2:51:58>> And then

2:51:59>> wait, sorry.

2:51:59>> Stepping back.

2:52:02>> Year three. I'm looking at year three.

2:52:04>> You can come up front, please.

2:52:05>> Come.

2:52:07>> Yeah. Households. Uh,

2:52:09>> you can introduce your

2:52:10>> Sorry, Matt. Year three. I'm looking at

2:52:12year three alone. 2,894

2:52:15households in year three. 24,447

2:52:19households in year two, 1,135

2:52:23households in year one,

2:52:296,476

2:52:31households total. Okay, going back on

2:52:35something I heard earlier was in the

2:52:37beginning we are having trouble tracking

2:52:40I'm summarizing duplicative information

2:52:45and how to grasp that from the community

2:52:47slashnonprofit

2:52:50service providers who are actually

2:52:52getting paid to provide that information

2:52:54back to us. Is that correct?

2:53:00>> Is that a question or a statement?

2:53:01>> That's a question. Okay. Your question

2:53:03is that in year one we may have had

2:53:06duplicative numbers.

2:53:08>> Okay. So year three we have

2:53:11>> completely unduplicated numbers.

2:53:13>> Duplicated numbers. Okay.

2:53:15[clears throat]

2:53:15>> Much cleaner system in year three. But

2:53:17that was we had to develop that system.

2:53:21And so if we were to check that

2:53:23database, there would be no names coming

2:53:26up from Neighborhood Place of Pona, Hope

2:53:29Services, Salvation Army as far as them

2:53:31each getting services, sorry, as far as

2:53:34an individual getting services from each

2:53:36organization separately. And then that

2:53:38information coming back as we helped

2:53:401,000 individuals, we helped 500

2:53:43individuals, but the same individuals

2:53:45are popping up in each system.

2:53:52which is what I

2:53:53>> I think I know what you're alluding to

2:53:57>> and I it's much more com complex. I the

2:54:02only analogy that I can give you that

2:54:06simplifies this for me as I look at

2:54:08outreach, support services, shelter,

2:54:10long-term housing

2:54:13is yes, one individual may receive

2:54:17services from multiple organizations in

2:54:20these various and they actually they

2:54:23must receive duplicative services, but

2:54:28it's still one individual because we

2:54:30engage that individual and we move them

2:54:33along the pathway. So we engage them and

2:54:36they're counted for engagement. One

2:54:38individual counted for engagement and

2:54:42then maybe they go into shelter. So yes,

2:54:44they're receiving sheltering. We engaged

2:54:47them and we sheltered them. They

2:54:49received two services, but they are an

2:54:52unduplicated individual that was

2:54:54supported along this pathway. So the

2:54:57numbers that I'm giving you are

2:54:59unduplicated individuals

2:55:02who participated in the system of care.

2:55:06Where they came in and out of that

2:55:07system is very individual to that

2:55:12person.

2:55:14They may have only needed rental

2:55:15assistance.

2:55:17One and done. They may have been on the

2:55:21street and needed detox. They needed

2:55:23engagement, multiple engagements to

2:55:26build trust, detox, and then they've

2:55:29made their way through pathway to

2:55:32pathway to staple housing. So, I I know

2:55:35what you're I think I know what you're

2:55:38alluding to. Um, but I I hope I'm

2:55:42explaining this appropriately.

2:55:45>> You did. Your answer was helpful. Thank

2:55:46you.

2:55:52You know, if I ran a restaurant, right,

2:55:56you you count the number of customers

2:55:58you have, but that one customer may need

2:56:01a takeout container. They may may need a

2:56:04straw. They may need a bag. They may

2:56:07need any number of things. Another

2:56:09customer customer may just sit and eat

2:56:12and leave. So, that's kind of like our

2:56:15system. We don't know all that an

2:56:18individual needs, but we're there to

2:56:21provide that system of care, but it's

2:56:23one individual. So, unduplicated

2:56:26individuals.

2:56:28>> And this is the information you wanted

2:56:30to share with the council. Did that did

2:56:33that information get submitted as a

2:56:36communication to this bill?

2:56:38>> Okay, it's there.

2:56:40I did, it was mentioned last time I did

2:56:42say no to meeting in person with the

2:56:45department, but I'd rather see it

2:56:47presented here.

2:56:48>> Yes. So, this will this will be

2:56:50presented with our year three impact.

2:56:53>> Okay.

2:56:53>> report

2:56:55as a presentation to the

2:56:57>> I read through those reports on the OECD

2:56:59website.

2:57:01Thank you.

2:57:05I drove through downtown Hilo this

2:57:07morning

2:57:09and before I say what I saw, what is the

2:57:12prerogative of the department? I've

2:57:15heard some very interesting statements

2:57:17from the nonprofits themselves referring

2:57:19to the visible side of homelessness and

2:57:22the invisible side. And while I

2:57:25appreciate that statement, it's very

2:57:27hard to make $10 million decisions on

2:57:29invisible sides of things.

2:57:31that's really um has bothered me as well

2:57:33as the accountability piece they

2:57:35provided. So what is the current

2:57:38prerogative of the department for

2:57:39homelessness in addressing

2:57:44our prerogative or our responsibility

2:57:48or is limited to this fund?

2:57:53Uh well I guess I shouldn't say that as

2:57:55far as

2:57:57>> what are your marching orders?

2:58:00Our

2:58:03our office of housing was established

2:58:08and really looks at providing safe and

2:58:12stable housing, healthy, safe and stable

2:58:15housing

2:58:15>> specific to homeless and housing. But

2:58:17>> yeah, specific to the homeless to make

2:58:20house to make homelessness

2:58:23to reduce homelessness

2:58:24>> both visible and invisible.

2:58:29Yes,

2:58:30>> understood.

2:58:31>> Same. I would assume the same.

2:58:34>> I drove through Hilo this morning and I

2:58:36counted 23 homeless individuals sleeping

2:58:39on the sidewalks of downtown Hilo in a

2:58:41oneb block area. This past week, I met

2:58:44with business owners in downtown Hilo

2:58:46who have expressed their concerns to

2:58:48their council member Kagiada.

2:58:51Uh but she was

2:58:55clear in her approach that maybe that's

2:58:57not the direction that we're heading.

2:59:02The 23 people that I saw, my wife was

2:59:05walking downtown reported back to me

2:59:06that they're all smoking weed and doing

2:59:08whatever else they're doing at 6:30 in

2:59:10the morning in downtown Hill on the

2:59:13sidewalks that we clean.

2:59:15Chair, I can yield. My time is up and I

2:59:20can come back to you. Thank you. Okay,

2:59:22Miss Kimble.

2:59:23>> Yeah, thank you. Um, I'd like to say

2:59:26after the six years that council member

2:59:28Kane Lee Clanfelder and I have shared a

2:59:30a seat on this dis that I think I'm

2:59:33finally understanding how he thinks and

2:59:35I want to suggest a perhaps a a graphic

2:59:39for council member Connie Lee Clampolder

2:59:41that I think would be helpful which is I

2:59:44I think you're kind of doing the math in

2:59:46your head of this many millions of

2:59:48dollars versus this many unique

2:59:50individuals served. And the question

2:59:53then becomes on average, how much are we

2:59:56spending per person, right? I think part

3:00:00of what we see though is that an average

3:00:03actually isn't very meaningful. You have

3:00:05a set of folks that just require a light

3:00:08touch and then you have folks that are

3:00:10chronic that come in again and again and

3:00:12again. So, what I'd suggest to you is a

3:00:15bar chart that has maybe groupings of

3:00:19expenditures over the course of a year

3:00:22and then per each of those bars account

3:00:24of how many individuals fall into that.

3:00:26That way, you're still protecting

3:00:28identity and all of that, but you give

3:00:30council member Elite Kleinfelder a more

3:00:33nuanced view of how much we're spending

3:00:35per person. There's maybe, you know, 500

3:00:38that require just a couple thousand

3:00:40dollars and then there's another 500

3:00:43that compare, you know, require several

3:00:46thousand. What I would do also as a

3:00:49demonstration point there is add in the

3:00:54cost not for us but generally to the

3:00:57system for emergency care because I

3:01:00think one of the key

3:01:03arguments for sort of the preventative

3:01:05work that OCD is doing is that it's not

3:01:08that the money doesn't get spent it gets

3:01:11spent in another way through emergency

3:01:13care with some of these individuals

3:01:15which is the most exp expensive ensive

3:01:17form of treatment with respect to

3:01:20homelessness. Um, so I only offer that

3:01:24as a potential way to, you know, I have

3:01:26a legitimate question about that too,

3:01:28like how much are we really spending per

3:01:29person? Do understand that it's an

3:01:31average wouldn't be meaningful, but that

3:01:34sort of graphic might be helpful for us

3:01:35to really answer that question for

3:01:37ourselves. Thank you,

3:01:41>> Miss Kaguara.

3:01:42>> Thank you so much. um thank you for

3:01:44providing this information and look

3:01:46forward to seeing uh the future uh

3:01:50report that you bring kind of laying

3:01:52this all out for us uh in a

3:01:54presentation. Uh I just want to thank my

3:01:58colleague uh Council Member Connie Lee

3:02:01Kleinfelder for you know paying some

3:02:04attention to some of the concerns that

3:02:07we that I've been dealing with and we've

3:02:08been dealing with in downtown Hilo for

3:02:11these many years. Um, yeah, it's it's an

3:02:15issue and it's an issue that, you know,

3:02:18uh, I've been paying attention to, I

3:02:21believe the administration has been

3:02:22paying attention, paying attention to,

3:02:25and I'm glad that my colleague is is

3:02:27seeing it as well. Um, I continue to be

3:02:31available to any of my constituents who

3:02:33want to meet on these subjects as I have

3:02:35been. I'm I'm in the office, you know,

3:02:38every day. I'm reachable. my staff is

3:02:40there every day. Um, and we are open to

3:02:44continuing conversations and figuring

3:02:46out solutions alongside the

3:02:48administration. So, just thank you for

3:02:51um, bringing that up, council member uh,

3:02:54Connieia Kleinfitter, because it's true

3:02:56that we do need a lot of support in

3:02:59Hilo. Thank you. I yield.

3:03:01>> Mr. Kirkitz,

3:03:04>> thank you. Um,

3:03:07I've been critical of the program. um in

3:03:09the past because it's hard to

3:03:13see millions of dollars, tens of

3:03:15millions, right? Like this is the

3:03:18largest grant program that the county

3:03:21runs, almost 10 million a year. And so

3:03:26you see that and you think a lot of

3:03:29money is being invested invested right

3:03:31in building capacity of nonprofits to

3:03:33respond and investing in in people that

3:03:35have frankly circumstances not of their

3:03:38own making have kind of fallen onto

3:03:41really hard times and you desperately

3:03:43want to help them because that's what we

3:03:44want to do is people we want to help.

3:03:46But then like all that money doesn't

3:03:49really compute to what you're seeing in

3:03:51community. And sometimes it feels like

3:03:54the problem may be growing. And I think

3:03:56it is. I think that the problem has

3:03:58gotten so big that our nonprofits are

3:04:01just completely overwhelmed with the

3:04:04task that they've been charged with. Um

3:04:07not none of that to say that we

3:04:09shouldn't be critical of these kinds of

3:04:10programs because again not accusing

3:04:13anyone but we've just seen particularly

3:04:15around the housing issue and the audit

3:04:17that happened with the state and the

3:04:18kohhale just abuse of public funding. So

3:04:22I unfortunately some of us aren't going

3:04:24to be here to receive the audit but I

3:04:26think it'll give you information that

3:04:28you need to further improve the program

3:04:31so that it is transparent it is

3:04:32accountable. I think I don't necessarily

3:04:36think that we can say we can divide the

3:04:40money that's been spent so far and say

3:04:42this is what we're spending on an

3:04:43average person for the reasons that

3:04:45council member Kimble articulated. But

3:04:47also some of that money I'd like to

3:04:50believe is going into infrastructure

3:04:53like building out facilities, additional

3:04:56beds that will be used over time. So I'd

3:04:59like you to be a little bit more

3:05:01thoughtful about how you

3:05:04quantify

3:05:06but also provide some qualitative data

3:05:08around the impact. Um

3:05:11I really want to emphasize that it's

3:05:13important that this code provision move

3:05:16forward because it sets the guard rails.

3:05:19additional

3:05:21language can be articulated once the

3:05:24audit comes through and then changes to

3:05:27administrative rules.

3:05:29One thing I really want to emphasize

3:05:31that we

3:05:33really invest in is the preventative

3:05:35piece.

3:05:36I'd really like to find ways to avoid

3:05:39people from falling on hard times to

3:05:41begin with. And I'm so grateful that

3:05:43that is the first priority that's listed

3:05:46in the code. The other thing that I

3:05:49think we're all grappling with is you

3:05:52have individuals that just

3:05:55will take advantage of the goodwill of

3:05:57nonprofits

3:05:58without even caring to change their

3:06:01situation.

3:06:04It's easy to just stay on the street and

3:06:06to accept the blanket and the hot meal,

3:06:09but they're not being forced to change.

3:06:12And I I don't know if we saw that

3:06:14through this ordinance, but I think it

3:06:16does require a larger conversation with

3:06:18community because as council member

3:06:21Canal E Kleinfelder pointed out, these

3:06:24businesses are having to put gates on

3:06:26their storefronts. They're dramatically

3:06:28having to change how they operate. And

3:06:30cruising through these downtown areas, I

3:06:32don't like what I see. I grew up in

3:06:34downtown Hilo. My dad had a gas station,

3:06:36Kitty Corner, Kalakawa Park, and and the

3:06:39post office. Miss Costa, you know, you

3:06:41took your car there. Um,

3:06:44downtown he looks so different now.

3:06:48And I don't want that to become our new

3:06:49normal. I don't want the deteriorating

3:06:51communities to become the new normal. I

3:06:55think this fund can be incredibly

3:06:57helpful, but I think we also need to

3:06:59start asking other questions,

3:07:01right? What are we going to do in

3:07:03situations where people are just not

3:07:05wanting to help or to change their

3:07:07circumstance? what what can we do?

3:07:10Because the solution is not for them to

3:07:12hang out in front of somebody's business

3:07:15or hang out at a playground because I

3:07:17have a ton of mom friends who say, "I

3:07:19don't feel comfortable taking my kiki to

3:07:21the park with the playground because of

3:07:24of what they see and what is happening

3:07:27there, which is not appropriate for

3:07:29young eyes." So, I don't I don't know if

3:07:31you have a response to that. It's very

3:07:33[laughter]

3:07:36>> I mean we've been here for two years

3:07:40now.

3:07:40>> Lot of time,

3:07:41>> right? And same conversation over and

3:07:43over.

3:07:44>> Um I think one thing that I really want

3:07:48to say is that we have individual

3:07:53individuals

3:07:55who want to change their lives. They

3:07:58they come in and they say, "We want to

3:08:01be connected to a service that will help

3:08:03us on our way to housing or stabilize or

3:08:08detox." There are many, our count is

3:08:12only those that say, "Yes, I consent to

3:08:15being part of a program that is funded

3:08:17by HHF." There are many who do not.

3:08:21There are many who do not engage. We do

3:08:24not have information on them. They might

3:08:26be on the sidewalks. They might be the

3:08:29ones Matt saw this morning. We don't

3:08:31know. We I don't know who you saw, but

3:08:33anyway, you know, so we have to remember

3:08:36that this fund is helping those who are

3:08:40engaging in services, but there are many

3:08:43who are not engaged in services

3:08:45>> and that is how you are being judged.

3:08:46>> And that is how we are being judged

3:08:48>> who are not being serviced because of

3:08:50their choice that they don't want to be

3:08:51helped. And that's the conversation that

3:08:53needs to have perhaps outside of this

3:08:55fund is what do we do in those

3:08:57situations?

3:08:58>> Correct?

3:08:59>> Because they don't want to better their

3:09:00lives for whatever reason, whatever

3:09:02reason. For them, it might be easier to

3:09:04just camp out. But are we going to allow

3:09:08that as a society?

3:09:10You know, the office of housing

3:09:13is charged with administering this fund.

3:09:18The fund.

3:09:19>> Yeah, I know,

3:09:20>> right? We are not a human service

3:09:23department. We do not have social

3:09:25workers hired in the office of housing.

3:09:28This was a this is the fourth year of a

3:09:31pilot program that was put in a

3:09:33department that is now being asked

3:09:36determine

3:09:37the entire ecosystem of homelessness.

3:09:42This is a fund that we're asked to

3:09:43administer.

3:09:46Proposal

3:09:47is approved.

3:09:50and we monitor the program. That's the

3:09:54challenge that we have is we come before

3:09:56you trying to trying to understand this

3:09:59entire ecosystem of h of homelessness

3:10:03and housing. We listen to our experts

3:10:07who are our nonprofits that are working

3:10:08day by day in the field. We're trying we

3:10:11try to put the whole picture together so

3:10:13that we can understand how to best

3:10:15invest these funds. But the but that's

3:10:18what we're limited to administering the

3:10:21funds and managing the funds. And

3:10:24there's so much more beyond that.

3:10:30You know, we hear that we need a

3:10:32downtown day respit center so that when

3:10:35individuals leave caught sleeping at

3:10:38night, there's a place for them to go.

3:10:40So it's not the sidewalk. We don't have

3:10:43the funds for that right now. That

3:10:45hasn't been funded. There's so much more

3:10:47need than we can even manage in with

3:10:51this fund

3:10:52>> and that's something that needs to be

3:10:54articulated to state and federal

3:10:56partners. We're doing something that is

3:10:58not historically part of the county's

3:11:00job description but we felt the need to

3:11:03step in because there was a huge problem

3:11:06a glaring problem that nobody seemed to

3:11:08want to solve. So take that information,

3:11:11share it with our state and federal

3:11:12federal delegation, tell them what we

3:11:14are doing, but tell them what the gaps

3:11:16are so that they know how they can jump

3:11:18on board and help what is turning into

3:11:21be a collective problem that we all need

3:11:23to solve.

3:11:24>> You know, I I would like to I would

3:11:26really like to appreciate the Niko

3:11:28fellows that came a couple weeks ago.

3:11:32You know, they wanted to just see

3:11:33housing, our housing developments,

3:11:35LITCH. We took him to Salvation Army

3:11:38caught sleeping and we showed them where

3:11:40we as a county are trying to fill the

3:11:42gap that federal funds are not covering.

3:11:46It was an it was an impressive meeting

3:11:49with Captain Sam and the team there. So

3:11:52I do think we have a lot to be proud of.

3:11:55I think that we are unique in what we're

3:11:57doing. But yes, we are judged daily. For

3:12:00every one household that we shelter,

3:12:04January 2026, 25 individuals were

3:12:08sheltered, 67 new enrollments into our

3:12:12system. February 2026, 37 sheltered, 53

3:12:17new enrollments.

3:12:21Can give you that for the whole year. We

3:12:23have more entering homelessness than we

3:12:26can provide shelter for.

3:12:29We spend $28 million in federal funds a

3:12:33year for 23 households to remain stably

3:12:37housed in Hawaii County.

3:12:4123 households remaining stably housed

3:12:45cost $30 million with our administrative

3:12:48expense and that's increasing.

3:12:51And we are administering

3:12:53housing homeless programs to 2800

3:12:57households a year with $9 million.

3:13:05>> It's a significant amount of resources,

3:13:08>> right?

3:13:09>> Cost of living through the roof here in

3:13:11the islands only exacerbating the

3:13:12problem.

3:13:13It's not lost on me that we're sitting

3:13:15here today talking about housing

3:13:16development in Waloa, climate,

3:13:19wildfires, short-term vacation rentals,

3:13:22and homelessness.

3:13:27Thank you ladies for the work that you

3:13:29and your teams do. Um, and especially

3:13:31our nonprofits. They are angels among us

3:13:34doing some of the most difficult work

3:13:36supporting people at, you know, who

3:13:39really hit bottom. Um, not everything is

3:13:42going to be accomplished with this fund.

3:13:43I think we recognize that. But I think

3:13:45we need to have bigger conversations

3:13:48about what to do for those that don't

3:13:50want to be helped and whose

3:13:53responsibility is it to do something

3:13:55about the situation. I think the county

3:13:57should be convening those conversations.

3:14:00>> Thank you for being here.

3:14:01>> Thank you,

3:14:02>> Mr. Hust.

3:14:04>> Thank you, Vice Chair. Thank you,

3:14:05administrator. I appreciate your time

3:14:07here here this afternoon, early

3:14:09afternoon. Now, um,

3:14:13we talked about it previously and if you

3:14:14just refresh my mind on this one, a lot

3:14:17of the programs that are being

3:14:18administered, the funds,

3:14:21are any of them operating on county

3:14:23properties?

3:14:26>> Yes. Our shelters, um, West Hawaii

3:14:29shelter, the friendly place, which is

3:14:32the resource center, those are county

3:14:34properties. Um, we have a shelter in

3:14:38Hilo. We have two shelters in Hilo. One

3:14:41is supported by um HHF funds. The other

3:14:45shelter luckily has Bezos funding. Um so

3:14:49they are not currently being supported

3:14:51by HHF funds. That's our family shelter.

3:14:55Um they are opening Kuola next year

3:14:58which will need operating funds for

3:15:00homeless programs.

3:15:03Um

3:15:05>> yeah, I mean

3:15:06>> and and those properties are

3:15:09fall under your office?

3:15:11>> Yes.

3:15:12>> Would we have any other programs that

3:15:14these funds have in the past or funds

3:15:17thought about in the future to be used

3:15:18on other county properties? I mean, what

3:15:20what this is spelling out, you know,

3:15:22other specifics in terms of prevention,

3:15:24outreach, diversion,

3:15:26would any of that be seen on county

3:15:28properties?

3:15:30>> Would

3:15:31>> because we you're engaging with these

3:15:33nonprofits who are intended to do this

3:15:35work. Are they just doing it on out on

3:15:38public streets, private properties,

3:15:40their properties? They're also going to

3:15:42be on county properties, too, I would

3:15:44imagine. Right. Trying to engage.

3:15:47>> Yeah. So, there's street engagement.

3:15:50Yeah.

3:15:50>> There's street engagement.

3:15:51>> But none of this occurs on county

3:15:52properties at the moment as far as you

3:15:54know, like kind of our parks.

3:15:57>> Yeah. Street engagement is everywhere

3:15:59and anywhere there are homeless. our

3:16:02teams, our nonprofit teams, and and HHF

3:16:05really only supports two engagement

3:16:08teams right now. There's engagement

3:16:11that's occurring by the nonprofits

3:16:14um that they seek private funding, nonp

3:16:18you know, regular grants. Um, we the HHF

3:16:22fund currently only funds

3:16:25one justice involved navigator for uh

3:16:30going home Hawaii for engagement for

3:16:32those that are um coming or justice

3:16:36involved coming out of incarceration to

3:16:39help them on their path to homelessness

3:16:42or stable home uh housing so that

3:16:45they're not homeless coming out. Um

3:16:48that's one we fund and we fund project

3:16:51vision which is the mobile um uh showers

3:16:56and that's it. Otherwise that all that

3:16:58engagement work is being done by

3:16:59nonprofits that are not funded by HHF.

3:17:03>> Where where I'm where I'm trying to go

3:17:04with this a little bit is explore if

3:17:06there's a better partnership to be had

3:17:08in some of our underutilized facilities

3:17:10in community. We have some of our park

3:17:12facilities that and not not just that

3:17:15particular department but there are we

3:17:16have facilities that aren't being used

3:17:19for one reason or another either between

3:17:22um our elderly recreations like there I

3:17:25can speak of one specifically in Yas not

3:17:27being used a nutrition center and I have

3:17:30community partners that are looking for

3:17:32you know how to how to help community

3:17:34members but we don't have the facilities

3:17:36other than what the county has but it's

3:17:38not necessarily being used to its full

3:17:40extent. So I I'm I'm curious. That's

3:17:43where I'm trying to see if there's an

3:17:44opportunity more of an opportunity to

3:17:47engage with committ members because it

3:17:48comes back to my point and I'll keep

3:17:50reiterating as as we go through the the

3:17:53process of the grant making side and

3:17:55that review that we need that geographic

3:17:57equity and I recognize the need is

3:18:00greater in our urban centers and I I'll

3:18:02just keep pushing it in terms of not

3:18:05necessarily seeing that response that

3:18:08immediate response in communities that

3:18:10that experience some of um you know

3:18:13impacts from community members that we

3:18:15have people jump on the on the bus

3:18:17freely and go freely and come and go and

3:18:19they know where some of the community

3:18:20members are offering these services but

3:18:23at at the same time those services are

3:18:25limited it may just be only a hot meal

3:18:28but they're going to come to Maya and

3:18:29get a hot meal once a week on the free

3:18:31bus but there are no other services

3:18:33being provided in the community so I'm

3:18:36I'm trying to look at see if there's

3:18:38opportunities to use some of our

3:18:40existing county facilities

3:18:43for partnership. And I it if it hasn't

3:18:46really existed in that space, I think

3:18:48it's something we need to explore to see

3:18:50if our other departments that are that

3:18:52are all being impacted one way or

3:18:54another um by individuals, you know,

3:18:57good and bad on all these different

3:18:59accounts.

3:19:01You know, we don't need to operate in a

3:19:03silo here, right? All of our departments

3:19:06are are cleaning up, caring for these

3:19:09spaces. we're paying security for

3:19:11certain spaces because of these impacts.

3:19:15So, what can we do in terms of kind of

3:19:18breaking this a little bit more and that

3:19:19we're all departments are all working

3:19:21together to kind of provide some of

3:19:24these facilities, these spaces and

3:19:26opportunity for nonprofits to step in

3:19:28those spaces and use some of the

3:19:30underutilized facilities. I mean, that's

3:19:32that's kind of what what I'm trying to

3:19:34build out of this conversation.

3:19:35>> I understand what you're saying. Yes.

3:19:37>> Thank So, if you can identify those

3:19:39spaces, we can we can in your district,

3:19:41we can have those conversations around

3:19:43what nonprofits are operating in in the

3:19:47area and how to create that

3:19:50>> Yeah.

3:19:50>> type of resource.

3:19:51>> Thank you.

3:19:52>> Point.

3:19:53>> Our church groups, I mean, up in the

3:19:55Kohala region, many of our church groups

3:19:57who do an amazing job of feeding people,

3:19:59but they're limited. That's that's

3:20:01that's their give into community, and

3:20:04that's what they do. that some of those

3:20:06other services they're not there when

3:20:08people are looking for other contact

3:20:09points or other sort of care. I mean

3:20:12they'll they'll every now and then sure

3:20:14but on a regular basis no

3:20:18so trying to just see how we can better

3:20:21better build this together with all the

3:20:23departments working collaboratively.

3:20:25>> Thank you.

3:20:26>> Yep. Thank you administrator.

3:20:27>> Yeah.

3:20:28>> Thank you vice chair.

3:20:30>> Okay. Anybody on their first round?

3:20:35Okay, Mr. Kel kind. Go ahead.

3:20:38>> Thank you. Oh, wow. That was fast.

3:20:42Thanks, clerk.

3:20:48Okay,

3:20:53so as I saying, 23 people on the street

3:20:56this morning smoking whatever because it

3:20:58wasn't just weed. Okay, I cannot prove

3:21:00they were smoking anything else, but it

3:21:01wasn't a weed pipe.

3:21:04So that's the visible site. Uh

3:21:06concerning some concerns, increased

3:21:10funding,

3:21:13but we're also seeing increased

3:21:15enrollment.

3:21:18Now, I would propose that as we continue

3:21:21to provide funding over three years,

3:21:24four years, five years with the

3:21:27extension to six or seven years

3:21:30that we should be seeing a decrease in

3:21:33enrollment because we're providing a

3:21:35service that we've spent $32 million on

3:21:37to date. That doesn't even include this

3:21:39year.

3:21:41So, I'm having concerns that as we fund,

3:21:45we grow. That should be the opposite of

3:21:49what we see in community. If we're

3:21:51funding and the programs are landing and

3:21:54the program objectives are being met,

3:21:57the decrease should be starting to be

3:21:59evident by now. This is an alignment

3:22:01with an affordable housing production

3:22:03fund, Kawhale project,

3:22:08affordable housing initiatives,

3:22:12all the state-run lie heaps and whatever

3:22:14acronym you want to throw at it, the

3:22:16funding sources have provided the nine

3:22:18homes or nine places that we bought with

3:22:21the funding that we couldn't use a few

3:22:23years back.

3:22:25All of these should be beginning to

3:22:27affect positively and show a decrease in

3:22:32the homeless households that we're

3:22:34addressing.

3:22:38Miss Kongi Wada has spoken in support of

3:22:41the Kohhale initiative. I've had my

3:22:44concern since the day they created it.

3:22:47This past weekend, my confir my concerns

3:22:50were confirmed when $13.7 million was

3:22:53found to be spent in off places by some

3:22:56of the organizations. That's not a small

3:22:58amount of money.

3:23:03There's always going to be someone out

3:23:05there who does something stupid. And for

3:23:07the the guy who the director, whoever he

3:23:10was, who was watching adult videos on

3:23:12taxpayer money,

3:23:15it's going to happen.

3:23:20The departments have expressed their

3:23:22concerns. DPW, parks and recreation,

3:23:26security services, police, calls for

3:23:28service, fire department, ambulances

3:23:30responding and basically giving people a

3:23:32free ride from Poa to Hilo because

3:23:34they're not required to get out of and

3:23:36go to the hospital when they use

3:23:37ambulance ride. These are the same

3:23:39individuals we see again and again. That

3:23:42accountability piece is completely

3:23:44lacking. There's no accountability built

3:23:46in for the folks using the services. Not

3:23:49all of them are an issue,

3:23:52but a lot of them are continuous issues.

3:23:54And there's no accountability there in

3:23:57any form for our services provided and

3:24:00what they're doing to our community on

3:24:02the back end. Breaking windows in

3:24:04businesses, defecating on public

3:24:06property, creating security nightmares,

3:24:09riding the bus, being kicked off,

3:24:11requiring police intervention. all of

3:24:13these things.

3:24:16The more I've looked at this, I want to

3:24:18be very careful that we're not just

3:24:20creating a homeless nonprofit support

3:24:23fund.

3:24:25Some of my heartburn during the hearings

3:24:29regarding the grants

3:24:31was that the grants

3:24:33showed duplicative administrative

3:24:36expenses and that the programmatic

3:24:38expenses were more than the program

3:24:41being

3:24:43provided. I understand that things take

3:24:46staffing,

3:24:47but a private company operating doing

3:24:50anything in the county has its

3:24:51struggles. But we don't come in and bail

3:24:54them out. They're not nonprofits.

3:24:56But we should be very careful of

3:24:58creating the homeless nonprofit support

3:25:00fund versus the homeless and housing

3:25:02fund. That's a very important

3:25:05distinction I think we should be making

3:25:06and checking. There is no audit yet. I

3:25:10won't be here when it comes out.

3:25:13But I'm also voting no today on this

3:25:15because when that audit comes out, I

3:25:17don't want to have my name as a yes vote

3:25:19or even being in the same room being

3:25:21part of what's going on.

3:25:24All of this kind of leads me back to

3:25:26Kulana.

3:25:31We're using taxpayer money

3:25:35to the tune of $32 million just for this

3:25:38one fund, right? Over three years.

3:25:44We're using the nonprofits to do the

3:25:46work because it's not our kana as a

3:25:49county to do it. So we have to use the

3:25:51nonprofits to address the issues that

3:25:53we're seeing because it's not county

3:25:56kana. It's affecting our county and our

3:25:59community, but it's not our kulana,

3:26:01which is why we keep hearing the same

3:26:02things come back. State and federal

3:26:05partners need to be involved. Yet

3:26:08we use funds from our general fund

3:26:12to buffer the problems that are being

3:26:14left in our laps by the inefficiencies

3:26:17of state and federal government.

3:26:20These problems are not our kana and we

3:26:25have other fish to fry and we can't even

3:26:27get to it. And those are the concerns

3:26:29that we all feel in our districts.

3:26:32To Mr. Huis's point, I thought about him

3:26:35this morning and I thought about Miss

3:26:36Gimba.

3:26:38Even District 5, we don't have a

3:26:40tremendous amount of homeless people. So

3:26:42this is really based on districts 2,

3:26:45three, seven,

3:26:47kona, kilo and maybe a little bit of

3:26:50poa.

3:26:52The geographical equity piece is

3:26:56missing.

3:26:58So I for one will not be voting in

3:27:00support of this. I don't appreciate I

3:27:02don't I appreciate office of housing

3:27:04community development. I always do. We

3:27:07put this in your lap. You did the best

3:27:09that you could. I don't I don't support

3:27:11the extension and I I would be very

3:27:15careful as far as the body to put our

3:27:16names on something just even as simple

3:27:19as a yes vote if the audit does come

3:27:21back and any conflicts of interest or

3:27:24other things that could be built into a

3:27:27case to say in the negative of the

3:27:30extension and we voted yes on something

3:27:36mean it's your name on the on the box so

3:27:38I'll be voting no today. Thank you for

3:27:40being here, providing the information

3:27:42and continuing to push more

3:27:44administrative scrutiny. I look forward

3:27:46to seeing that audit. I'll read it even

3:27:48if I'm not here because I'm very

3:27:49interested to see how it comes out. And

3:27:52uh if you could please provide to the

3:27:54nonprofit service providers that I'd

3:27:56like to see a decrease in the visible

3:27:59side that we can actually

3:28:02put our hands on of homelessness

3:28:06that we keep saying we're addressing if

3:28:08we look forward to spending another $9

3:28:10million this year, $9 million a year

3:28:13after that and another 9 million while

3:28:15we try to figure out how to build a

3:28:17bridge across Coconut Island.

3:28:20I yield chair.

3:28:22>> Thank you, Miss Gibba.

3:28:26>> So, I I got to push back a little bit on

3:28:28what you just said, Matt, because it's

3:28:30an interesting thing in District 6. I

3:28:33wouldn't say that we don't have a

3:28:34homelessness problem. We do, but it's

3:28:37super invisible. And that is it. It's

3:28:43Well, it's invisible because nobody

3:28:45comes out to District 6 other than the

3:28:47people that live there. So that's why so

3:28:49you didn't drive through Ocean View and

3:28:51count the kind of substandard housing

3:28:54that people there live in. Um and so

3:28:58that's another kind of homelessness.

3:29:00They are hiding out in Ocean View. Um

3:29:04which you know maybe that's maybe that's

3:29:07better because we can't see them and

3:29:09therefore they don't bother us. Um so

3:29:12it's a kind of an interesting

3:29:13philosophical thing. I mean, if you if

3:29:16you provide resources,

3:29:19that's where they're going to go and

3:29:20they're going to you're going to see

3:29:22them there. Whereas, if you don't

3:29:24provide resources, there's another kind

3:29:26of issue I think that happens and it

3:29:31could be potentially worse. Um

3:29:36so yeah I just wanted to kind of push

3:29:39back a little bit on that that sort of

3:29:42statement um or implied statement and I

3:29:45would say that there is you know that

3:29:47the

3:29:49some of the services don't reach ocean

3:29:52view as much as they do in um more

3:29:57populated areas because it's harder to

3:30:02be as effective there. Um

3:30:0610,000

3:30:08um parcels ocean view. It's a very very

3:30:12spread out kind of problem and very sort

3:30:16of different kinds of customers I think.

3:30:21Um you got to fight through the the wild

3:30:24dogs to get to [laughter and gasps] to

3:30:26your customers and that kind of thing.

3:30:28So, you know, there's there's um

3:30:33there's still a lot that that we need to

3:30:37work on per

3:30:40uh Council Member Kirk at this point. I

3:30:42mean, it's the fact that our state just

3:30:45got

3:30:47um ranked number 50 or the the worst

3:30:51place to do business in the entire

3:30:54country is having an effect on local

3:30:58people even, you know, ones that

3:31:02if there's if it's hard to do business,

3:31:04then it's going to be really hard to get

3:31:05a job.

3:31:07So, it's definitely not all on the

3:31:10Office of Housing and Community

3:31:12Development and um even

3:31:17on this fund. Um, we the council,

3:31:23the administration, the state

3:31:25legislature have a lot of work to do to

3:31:28try and figure out ways to globally

3:31:33um

3:31:37change our society such that we have

3:31:40less homeless people. And part of that,

3:31:43you know, there is a sort of a stick

3:31:46element as as well as a help part to it.

3:31:49So, not um

3:31:55I'm not denigrating that aspect of this

3:31:58conversation that we're going we're

3:32:00having here. Um but I think I think it's

3:32:05really important to help people to try

3:32:07and get out of their situation. that's

3:32:10probably going to be the most uh time

3:32:14effective way to help rather than the

3:32:18the stick part is going to take longer

3:32:20and it's going to be really ugly. So,

3:32:22but it's not saying that it's not a part

3:32:24of the whole situation.

3:32:26So, yeah, just wanted to those comments.

3:32:30[snorts]

3:32:32Okay, any other members? No. Okay, I'm

3:32:35going to close it then. Um we have on

3:32:39video Miss um Adams

3:32:45Claire.

3:32:47Okay. Um you got my questions this

3:32:50morning right and about the audit. Can

3:32:53you please explain a little bit on the

3:32:56timeline and can you share whatever

3:33:00information you folks collected so far

3:33:03and with with the council if you can?

3:33:05But then also why will the audit take a

3:33:09little bit longer? Go ahead.

3:33:12>> Sure. Um good afternoon Cladam County

3:33:14auditor. Um yeah uh as as I mentioned by

3:33:19email this morning I don't have a

3:33:21timeline as um a firm date as to when

3:33:24the audit is going to be published. We

3:33:26are still reviewing and investigating um

3:33:29some issues and so uh I'd love to be

3:33:32able to have uh given you a date that we

3:33:35could final finalize the audit by now

3:33:38because I know you're making a decision

3:33:40today as to the fund. Um but I do I am

3:33:46and I know that we have also mentioned

3:33:48that the end of the year would be a

3:33:49possible possibility but I still can't

3:33:51give you a firm date as I'm still

3:33:54looking at information and I have some

3:33:56requests for information still out

3:33:58there. Um so until I get that until I've

3:34:02looked at that and then I need to figure

3:34:04out if we also need to ask even more

3:34:06things. So unfortunately I think the end

3:34:09of the year is probably not going to be

3:34:10possible at this stage. you know, and so

3:34:14when you're saying you're trying to

3:34:15gather more information,

3:34:17>> can you could you get into a little bit

3:34:19more detail about it because the scope

3:34:22of the audit when it was provided

3:34:26>> there was a scope, right? And I don't

3:34:27really know what the scope was, but now

3:34:29it seems like there's more things that

3:34:31needs to be looked at. Is that correct?

3:34:34>> Um, I mean the scope has remained the

3:34:37same. I think it's where some of the

3:34:39information that I need to look at is. I

3:34:42I um you know, I'm asking for

3:34:46information from nonprofits directly and

3:34:48and and I've only re and and only

3:34:51recently asked them for this. So, I

3:34:53don't want to in anyway throw them under

3:34:55the bus. But, um yeah, I need to get

3:34:57that information back from them, take a

3:34:59look at that, and then if I have any

3:35:00further requests after that, but I I I

3:35:03don't know whether I will at this stage.

3:35:05Joe, I can't give a firm date as to what

3:35:07I'm looking for because I won't know

3:35:09until I've seen the the latest round of

3:35:11information that's provided back to me.

3:35:12If that makes sense.

3:35:13>> So, this could be a possibility going

3:35:15into next year.

3:35:17>> Oh, yeah. Yeah. Yeah.

3:35:19>> Wow.

3:35:21And we're here as a body going to

3:35:24approve extending this for two more

3:35:26years, not knowing all the circumstances

3:35:29that's facing our auditor.

3:35:32And you know, I appreciate the

3:35:34testifiers that came out and saying

3:35:36about how, you know, it's helping them

3:35:40in creating their program, but you know,

3:35:44Claire, I also asked you if you knew or

3:35:47you could well maybe find out the intent

3:35:50of this creation of this funding,

3:35:54>> right? And

3:35:56>> yeah, and I have that here. It's the

3:35:57ordinance from um

3:36:002022 and it was uh that fund should be

3:36:04appropriated to address uh to address

3:36:07homelessness. So, it was a very wide uh

3:36:10intent. Um,

3:36:13>> and and was that intent to have this

3:36:16permanent funding for nonprofits or it

3:36:19was like a like a startup for these

3:36:22nonprofits to use to get established in

3:36:26like getting other funding

3:36:29because

3:36:29>> I mean there was it was there the the

3:36:33original ordinance mentioned county

3:36:34sponsored program. So there wasn't even

3:36:36a mention of nonprofits necessarily in

3:36:39there. Um and then that the funding

3:36:41would sunset

3:36:43um 2027.

3:36:45>> So it it was a it was an open it wasn't

3:36:49open and I I don't know. I wasn't here.

3:36:51I wasn't as part of any of the

3:36:53deliberations in 2022. So I'd have to go

3:36:55back and look at that. But um I think

3:36:59the intent I assume was that it was open

3:37:02so that there could be um some some some

3:37:06programs to address it because there was

3:37:07nothing at the time.

3:37:09>> And so you're saying it was like for

3:37:11county programs.

3:37:13>> County sponsored programs is the wording

3:37:15in the ordinance. Yes.

3:37:16>> Okay. Got it. I really appreciate you

3:37:19coming, you know, participating and

3:37:22giving me this information and my fellow

3:37:24colleagues. But and I mean I'm hoping

3:37:27that

3:37:29this can be resolved or your completed

3:37:32audit can be done maybe before some of

3:37:36these members do leave, but I don't

3:37:38think so. And so

3:37:40>> Oh, no. No. That unfortunately that's

3:37:43not going to be possible. Yeah. So, so

3:37:45then um and this is kind of like getting

3:37:48outside, but

3:37:50after your report,

3:37:54there could be possibilities of amending

3:37:57what we have in front of us. So, that

3:38:00could be part of your recommendations.

3:38:03Correct.

3:38:05when you say amending the things that

3:38:06you have in front of us, I mean the

3:38:08there may be recommend recommendations

3:38:11for

3:38:12uh the county code or administrative

3:38:15rules etc. Um so so yeah I mean and

3:38:19obviously you know when the report is

3:38:21out I'll I'll be available to discuss

3:38:23with council at that time you know

3:38:25involvement and and uh the

3:38:27recommendations will set out hopefully

3:38:30in quite detail um any steps that we

3:38:32would recommend taking and and and sure

3:38:35we normally when we audit it's for the

3:38:37department but I can also put some

3:38:39recommendations in there for council too

3:38:41if there are any legislative changes

3:38:43that we would recommend taking place at

3:38:45that time.

3:38:46>> Okay. Thank you very much.

3:38:48>> No, thank you.

3:38:48>> And to administrator uh Kha and I I know

3:38:54this when this bill was passed, you

3:38:55folks weren't at your level now, right?

3:38:57And so the previous administration kind

3:38:59of came up with this, but you folks were

3:39:01still working for county housing. Is

3:39:03that correct?

3:39:05>> I was not in the county when this

3:39:07ordinance

3:39:09>> you weren't you weren't working for

3:39:10county housing during that time?

3:39:11>> Not at that time. No.

3:39:12>> Okay. You weren't to was No. So all you

3:39:16folks are new to this then?

3:39:20>> Yeah.

3:39:20>> Yeah. Well, we're not new to this.

3:39:22>> I mean, no, no, but what I'm saying is

3:39:23that it for two years,

3:39:25>> this funding,

3:39:26>> right? The previous administration

3:39:29>> was the one that had the duty to move

3:39:32this funding forward.

3:39:34>> And so you folks took it over once you

3:39:36folks got it with this new

3:39:37administration.

3:39:38>> Correct.

3:39:38>> Right. And it was already established

3:39:40what for two years maybe.

3:39:41>> Yes.

3:39:42>> Right.

3:39:44So that's like kind of like what we

3:39:46talked about today

3:39:49in way of um

3:39:52the TVRS the the BMBBS right about

3:39:55having the registration and now we

3:39:57coming up with the rules and so forth

3:39:58like that I mean it's like but I just

3:40:01see this happening and it's very

3:40:04frustrating

3:40:06right and to me like talking to former

3:40:10council member

3:40:12The intent wasn't to continue funding

3:40:17permanent programs

3:40:20with this money. It was supposed to curb

3:40:24the the solving the problem of

3:40:27homelessness and not piece of a puzzle

3:40:32that can continue going on for many many

3:40:34years.

3:40:35And that's what I think Mr. Conly

3:40:39Kleinfelder and myself see that's going

3:40:41on, right? Because what if the economy

3:40:45dives down, our property tax values go

3:40:48down, right? This program would have to

3:40:50cut,

3:40:52right? So if we could have them be

3:40:54established where they can be getting

3:40:56other resource funds, right, to be

3:40:59sustainable,

3:41:00I mean that's what I think this fund

3:41:03should be used for and not something

3:41:06where they're going to depend every

3:41:09single year

3:41:11having this money,

3:41:14right? because we as we see sometimes

3:41:18the numbers don't change or like there's

3:41:21more visibility, right?

3:41:25So I I I I still want to see the audit

3:41:29and you know like I remember when I

3:41:31first got in previous administration

3:41:34passed the one CDP in a district and

3:41:36they said we know there's flaws pass it

3:41:40and amend it later.

3:41:43Right.

3:41:44And that's what they did. So that

3:41:46previous council passed it and when we

3:41:48got in, we had to amend it. And it was

3:41:50horrible amending it. The community was

3:41:53up in roar. And so it's like I I cannot

3:41:57see that happening, right? And that's

3:41:59what we're going to be doing with this

3:42:00funds. Once we get the audit, maybe in

3:42:03January, maybe in February,

3:42:06then the new council going to have to do

3:42:08something about it, like maybe amending

3:42:10the the ordinance, right? Make or

3:42:15require you folks to do more things. I

3:42:17don't know. But I'll I'll just yield at

3:42:19that. And so, Mr. Clerk, let's do a roll

3:42:22call

3:42:23>> on the motion to pass bill 182 192 draft

3:42:273 on second and final reading. Council

3:42:29member Gimba. Hi,

3:42:30>> Council Member Hustus.

3:42:32>> Hi,

3:42:34>> Cherry Naba. Council member Kagiada.

3:42:36>> Hi,

3:42:36>> Council Member Connley Kleinfelder.

3:42:38>> Nope.

3:42:39>> Council member Kirkowitz,

3:42:41>> I.

3:42:41>> Council member Campbell,

3:42:43>> I.

3:42:43>> Council member Viegas.

3:42:45>> Acting Cher Nishi.

3:42:47>> No.

3:42:47>> Acting Cher Nishi, you have five votes

3:42:49in favor with yourself and council

3:42:50member Connie Kleinfelder opposed and

3:42:53council members Enaba and Viegas absent

3:42:55excuses. The motion carries. Bill 192,

3:42:57draft 3 passes second and final reading.

3:43:00>> Thank you. You know, I'm going to take a

3:43:02five minute recess.

3:43:03>> Thank you so much.

3:43:04>> So, we're going to return back in um

3:43:08>> what in so it's going to be like 12.

3:43:11Let's go 12:50.

3:43:13>> Okay. 12:50.

3:43:14>> 9 minutes.

3:43:15>> 9 minutes.

3:43:15>> Oh, Jenner. Yeah. [laughter]

3:52:38Okay.

3:52:40Are we okay?

3:52:45>> Yes. Okay. I'm calling this meeting back

3:52:47to order.

3:52:50>> And it is the time is 12:51 p.m.

3:52:55>> Okay. So, let's Mr. Clerk, let's do Bill

3:52:58199.

3:53:04Is there any testimony for bill 199

3:53:07which is that first reading?

3:53:14Hearing none. Bill nine amends chapter

3:53:1614 of Hawaii County Code 1983 2016

3:53:19edition as amended by adding a new

3:53:20article relating to the establishment of

3:53:22a historic place marker program.

3:53:24Requires a planning department

3:53:25administer historic placemarker program.

3:53:27Requires the Department of Public Works

3:53:29to install and maintain historic place

3:53:30markers. Requires the Department of

3:53:32Research and Development to support the

3:53:34program through research and outreach.

3:53:35Requires submission of historic place

3:53:37marker implementation plan within one

3:53:39year of adoption and requires

3:53:40installation of all historic place

3:53:42markers within 6 months thereafter.

3:53:44Introduced by Council Members Kirkowitz

3:53:46and Inaba. Miss Kirkitz.

3:53:48>> Thank you, Chair. Motion to approve bill

3:53:50199 on first reading.

3:53:52>> Motion by Miss Kirkowitz, second by Mr.

3:53:54Hust. Go ahead.

3:53:56>> Thank you. Um, and I just want to

3:53:58acknowledge the departments that have

3:53:59been patiently waiting here this

3:54:01morning, planning, public works, and

3:54:04R&D. Thank you for being here, but also

3:54:06your collaboration on this bill and the

3:54:09amendments that are um going to be

3:54:10before us today. This um the next series

3:54:14of amendments I'll be proposing is in

3:54:15relation to the historic marker program

3:54:18that would provide um placebased signage

3:54:21around the community identifying a pua

3:54:24in order to um again just strengthen

3:54:27connection to place and elevate

3:54:29traditional place names and stories. Um

3:54:32at committee council member Kimble you

3:54:34mentioned being interested in some kind

3:54:37of appeals process. Um, after meeting

3:54:39with the departments, we determined that

3:54:42it would probably be better to vet all

3:54:44of that as part of the planning process

3:54:47so that once a a a map is finalized and

3:54:51submitted to the council, it's been

3:54:52thoroughly vetted by community partners.

3:54:54So, I'll talk a little bit more about it

3:54:55through this amendment. Chair, at this

3:54:57time, I would like to make a motion to

3:54:59amend bill 199 with the contents of

3:55:02communication

3:55:041095.3.

3:55:06Second motion by Miss Kirkwood, second

3:55:09by Mr. Hues. Go ahead with the

3:55:10amendment.

3:55:11>> Thank you. So, what this does is it adds

3:55:14six months to the time that the

3:55:17departments are given to develop the

3:55:19historic place marker implementation

3:55:21plan. Um, so instead of 12 months, they

3:55:24have 18 months to plan. As part of this,

3:55:28prior to submitting the final plan to

3:55:31the council, the planning department

3:55:33would publish a preliminary map

3:55:35disclosing the location of where the

3:55:38historic markers would be located. I'm

3:55:41also requesting that they provide at

3:55:42least one virtual presentation to

3:55:44community and that information be posted

3:55:47on the website followed by a public

3:55:49review and comment period of no less

3:55:52than 60 days. If there are any conflicts

3:55:55or discrepancies that service from that

3:55:57public comment period, the departments

3:55:59would be tasked to work in consultation

3:56:01with um relevant cultural, historical,

3:56:05geographic knowledge holders of the area

3:56:07to make final decisions which would then

3:56:09be included in the implementation plan.

3:56:12Um, I want again I wanted to make sure

3:56:14that the plan that was being presented

3:56:17to the council and the community was

3:56:19final and so any issues should be sorted

3:56:21out as part of the planning process. The

3:56:25department representatives are here in

3:56:26case folks have questions. I'm also

3:56:28happy to take them. Thank you.

3:56:30>> Okay. Thank you. Any other discussions?

3:56:33Members

3:56:35Kimble. Yeah, just say briefly um this

3:56:39satisfies my concern for some sort of

3:56:41process to um address any discrepancies.

3:56:45So, thank you for that constructive

3:56:46input.

3:56:47>> Okay. Any other members?

3:56:50Okay. Hearing seeing none, all those in

3:56:53favor of amending bill 199 with the

3:56:56contents of communication 1095.3,

3:56:59please say I. Those opposed

3:57:02466 eyes, one uh three excused. Um

3:57:07Cherry Naba, Miss Vegas, and Mr.

3:57:09Connelly Kleinfelder. Motion to the We

3:57:12went to the main motion now.

3:57:14>> No, we have a few more.

3:57:15>> I'm sorry. Yeah, but two bill 199. Yes.

3:57:18Okay. As amended.

3:57:19>> Yes. Thank you so much. Um chair, motion

3:57:22to amends bill 199 as amended with the

3:57:24contents of communication 1095.4.

3:57:29>> Okay. Motion by Miss Kirkowitz, second

3:57:31by Miss Kiwara. Go ahead, Miss

3:57:32Kirkowitz.

3:57:33>> Thank you. And this one, I actually

3:57:34wanted to bring up Deputy Director

3:57:36Dennis Lynn. We had some pretty robust

3:57:39discussion about this particular

3:57:42amendment. There was a request by the

3:57:44council to consider compensation of

3:57:47community members who are participating

3:57:49um in the process. So this particular

3:57:52amendment does a couple of things. It

3:57:54moves the consultation kana from

3:57:57planning department to research and

3:57:59development. Um they have a lot of

3:58:02capacity actually and historical record

3:58:06of doing community and cultural

3:58:08engagement and this was something that

3:58:10director Medina said at committee that

3:58:12they would be happy to assist with. So

3:58:14wanted to make that very clear in this

3:58:16section of code again moving that

3:58:18engagement kana from planning to

3:58:20research and development and planning is

3:58:22on board with that. Um there is also a

3:58:25note here about R&D having the power to

3:58:28provide compensation.

3:58:30Having it in the code could become

3:58:33problematic because it would trigger

3:58:35procurement which would make this very

3:58:37complicated. Director if you would like

3:58:39to maybe elaborate on that. Um,

3:58:41something we talked about was instead of

3:58:43having this placed in code, just having

3:58:46the ability to provide stipens through

3:58:48the vendor that has been awarded the

3:58:51contract to do consultation to perhaps

3:58:53compensate individuals that way. But

3:58:55I'll let you elaborate.

3:58:56>> Yeah. Uh, Dennis Len, deputy director

3:58:58for the Department of Research and

3:59:00Development. Uh, yeah. So, part of the

3:59:02discussion that we had this the um this

3:59:04morning was um providing compensation.

3:59:08We want to recognize that you know

3:59:10people should be paid for the the

3:59:11knowledge that they have the technical

3:59:13expertise. Um but for in order for the

3:59:16departments to do that it would have to

3:59:19be through a available procurement

3:59:20method and one of the procurement

3:59:23methods you know that you know would be

3:59:25possible is professional services but

3:59:27professional services require spec

3:59:30specific requirements that the

3:59:31individual has to have. Um

3:59:36based on how this has is worded I don't

3:59:39know if we have a procurement method

3:59:42that would be suitable to pay you know

3:59:45uncle or auntie who are lineal

3:59:48descendants who may not have a

3:59:49certification who may not have a you

3:59:51know technical degree to provide you

3:59:54know their manaho. So um you know that

3:59:56that would be my uh suggestion is we we

4:00:01remove it out of the code section here.

4:00:03But if it is a section within the

4:00:05contract with the vendor who

4:00:08participates in that um organizes that

4:00:10implementation plan or part of the

4:00:13planning process as maybe a stipen to

4:00:16community members who want to provide

4:00:18their mana.

4:00:21That would be uh a suggestion that I

4:00:23have.

4:00:25Thank you for that. Um, so this

4:00:26amendment has that compensation

4:00:28structure. There is concern that it

4:00:30would trigger requirements to be on a

4:00:32professional services list. Um, which

4:00:35might disqualify from individuals that

4:00:37we are trying to engage um, from being

4:00:40on that list and being, you know,

4:00:42compensated. Um, there is an there is an

4:00:45amendment, an alternative amendment that

4:00:47has all of the consultation kana moving

4:00:49from planning to R&D. I've removed the

4:00:52compensation piece um, as well. And I've

4:00:54been assured by the department that it's

4:00:56much cleaner and easier to include it in

4:00:58the agreements with the vendor so that

4:01:00we're not triggering complicated

4:01:03procurement procedures unnecessarily.

4:01:06Thank you. Look forward to the

4:01:07discussion.

4:01:10>> Thank you. Um thank you for bringing

4:01:12this uh back up for discussion. I think

4:01:14it's an important point. Um

4:01:16understandably if it doesn't work in

4:01:18this way um happy to support the way it

4:01:21does work. I'm just wondering is there a

4:01:23way we can either codify or provide a

4:01:27resolution or do something that says um

4:01:31you know we're we want um R&D to look at

4:01:35when they are doing these contracts to

4:01:39include that in the the contractual

4:01:42language or something. Um I don't know

4:01:44if you had a chance to talk about how

4:01:47that could be done, but I just um you

4:01:50know want to make sure that we are um

4:01:54putting some appropriate emphasis and um

4:01:58asurances to the community that we do

4:02:01value um people's knowledge and input

4:02:05and and participation in this way.

4:02:08Yeah, I think that that will be

4:02:10something that comes up in the um the

4:02:12crafting of that agreement and what kind

4:02:14of language that we put. Um and that

4:02:16that's probably a joint effort between

4:02:18all three departments because we all

4:02:20have different pieces.

4:02:21>> Um but yeah, that that that should be

4:02:23something be considered as part of that

4:02:26drafting process

4:02:28>> and making sure with our corp council

4:02:29that it's we can do it legally. Yeah.

4:02:32>> Okay. would you be willing to maybe if

4:02:35you craft a paragraph that you're

4:02:38willing to put in these contracts um

4:02:40with all the parties um share it with us

4:02:43please um in some way

4:02:46>> I think I don't think we've we've gone

4:02:47that far yet but as we get to that

4:02:49process we can can share it with

4:02:52>> okay

4:02:54>> all right I think yeah I mean I think I

4:02:56understand why you you can't do it this

4:02:58way I might be looking for a way to

4:03:01maybe not even within this vehicle but

4:03:03separately uh make sure that we are uh

4:03:07getting that support and then and then

4:03:09putting our preference for that support

4:03:11uh

4:03:13for for all the contracts that R&D is

4:03:15doing when you're working with community

4:03:17plans and public. So maybe it's a bigger

4:03:19thing than just this. So I'm happy to to

4:03:22work on that with you um you know if it

4:03:25doesn't fit right here. But thank you.

4:03:26Thank you to the maker and to the

4:03:28departments for, you know, your

4:03:30thoughtful consideration of this and how

4:03:32it would work.

4:03:36>> Mr. Kimble.

4:03:37>> Yeah, thank you. Um, yeah, thank you,

4:03:39Council Member Kirkwitz. Um, I think

4:03:41that moving this consultation, it it

4:03:44kind of makes more sense to me in R&D

4:03:47anyway. Um, just based on some of my

4:03:50past work with Felicia in particular,

4:03:53um, around this, I I share Council

4:03:57Member Kagiwad's interest in potentially

4:04:01having

4:04:02some language. I I understand that the

4:04:04power to provide comfort uh compensation

4:04:07is is problematic and I understand why.

4:04:10Um I want given this I want to kind of

4:04:13maybe think about other language that we

4:04:15could

4:04:17put in here. I mean part of this this I

4:04:19mean this is going to be legislative

4:04:20history here that this body has

4:04:22indicated that we think it's appropriate

4:04:23to provide compensation to community

4:04:26partners um that are providing this sort

4:04:29of knowledge. Um but let me let me kind

4:04:33of think on this. I'm happy to to move

4:04:36forward the other one today and then and

4:04:38think about that for the next meeting.

4:04:40Um I I did want to call attention to the

4:04:44support of this from the Homokua CDP

4:04:47action committee. There was a pretty

4:04:48significant discussion about that this

4:04:50these two bills at their last meeting.

4:04:53And um this idea of compensating folks

4:04:56for providing traditional knowledge for

4:04:59um valuing

4:05:01that information at the same level we

4:05:04might value a western scientific review

4:05:08was pretty important and significant to

4:05:10that group. Um, and so I do want to

4:05:14continue to find a way to potentially

4:05:16make that really strong part of this.

4:05:19Um, [snorts]

4:05:20yeah. So, but within the confines of

4:05:22what we can do. So, I'm happy to just

4:05:23have a quick conversation with the court

4:05:24counsel and see if there's something we

4:05:27can put in here that says they're they

4:05:29have to put it in the contract or

4:05:31something along those lines. Yeah,

4:05:35>> I'm done.

4:05:35>> Thank you. Okay, Mr. Kowitz,

4:05:37>> chair. Thank you. I appreciate the

4:05:39feedback from my colleagues. You know,

4:05:42my time here is limited and I'm going to

4:05:44make best use of meetings I have left.

4:05:47Um, but I don't believe that I'm going

4:05:48to have enough time to work on I think

4:05:51what you are both describing as a

4:05:53financial policy of the county because

4:05:56this work of engaging community and

4:05:58potentially providing compensation goes

4:06:00beyond the work of R&D. It could happen

4:06:03across every department. And so rather

4:06:06than just saying R&D, you do it, I think

4:06:08the council should have some discussion

4:06:11around what we want the county's policy

4:06:13to be when it comes to credentiing and

4:06:16then providing stipens to cultural

4:06:19practitioners, knowledge holders. Um,

4:06:21this was an issue that my office ran

4:06:24into with our recovery team.

4:06:26um we had secured a federal grants that

4:06:30described this very work, but there

4:06:32really was no language in our code to be

4:06:34able to compensate um cultural

4:06:37practitioners. So again, I I appre I I

4:06:39think we're all on the same page. Um and

4:06:42we do want to recognize individuals for

4:06:44what they bring to the table because it

4:06:46is very valuable, but this might not be

4:06:49the right vehicle. Um, and I think it

4:06:51would be unfair to just say R&D you do

4:06:53it for this particular project. If the

4:06:55consensus is this should just be

4:06:57standard practice for the county, then

4:06:59there should be a countywide policy that

4:07:02applies to all departments in relation

4:07:04to community engagement. So, with that

4:07:07being said, I'm going to withdraw the

4:07:08motion chair to amend um bill 199 with

4:07:12the contents of 1095.4 and move on to my

4:07:17next amendment.

4:07:19Okay.

4:07:21Second.

4:07:22>> No, I we don't need a second. I just

4:07:23want to make sure you knew I withdrew

4:07:24it.

4:07:25>> Okay, great. Um motion to amend bill 199

4:07:28as amended with the contents of

4:07:30communication 1095.5.

4:07:33>> Okay. Motion by Miss Kirkwood, second by

4:07:36Mr. Houston. Go ahead.

4:07:39>> This is basically a carbon copy of the

4:07:41previous amendment. It just removes the

4:07:44language regarding compensation. So the

4:07:47kana of consultation community

4:07:49engagement shifting from planning into

4:07:51R&D

4:07:59any other discussions

4:08:04good

4:08:09I don't you guys okay everybody's okay

4:08:12so all those in favor of amending bill

4:08:15199 with

4:08:16Communication 1095.5 please say I

4:08:20>> those opposed we have we have five eyes

4:08:25>> six eyes and excused is cherry nava miss

4:08:29Vegas and miss kimba okay go ahead

4:08:33>> oh motion

4:08:34>> carried

4:08:35>> motion carried

4:08:38>> chair one final one

4:08:39>> okay

4:08:40>> I move to amend bill 199 as amended with

4:08:42the contents of communication 1095.6

4:08:45Second motion by M Kirkwood, second by

4:08:48Mr. Houston. Go ahead.

4:08:49>> Thank you. And then I'm actually going

4:08:50to call up director West Sagawa for this

4:08:53amendment.

4:08:55Um, and I so appreciate the department's

4:09:00being on my level really trying to act

4:09:02with a sense of urgency and get things

4:09:04done quickly. Um, but in evaluating the

4:09:07potential for creating all of these

4:09:09signs, right, there's a lot of effort

4:09:11that goes in correct director, correct

4:09:14director for fabricating these signs.

4:09:16It's not like you can just send it into

4:09:18a a printer and it literally prints, but

4:09:21we have teams that are going to be

4:09:22screen printing onto the sign, which

4:09:25takes a lot of just time and labor. Um,

4:09:28and he let me know that, you know, 6

4:09:30months was probably a little too

4:09:32ambitious for the department. um 12

4:09:35months was possible um but he would be

4:09:39much more comfortable with actually 24

4:09:41months. The amendment before us director

4:09:43is for 12 months. So I do want you to

4:09:45share any reservations that you might

4:09:48have with this time frame for the record

4:09:50so that our team can go ahead and submit

4:09:54the appropriate um amendment at the next

4:09:57reading. Thank you.

4:09:58>> All right. Chairman Onishi and council

4:10:01members uh director of public works West

4:10:04Sagawa here and I sure appreciate

4:10:08uh the offer to increase the time that

4:10:11would be to 24 months. Um this is under

4:10:14the historic place marker implementation

4:10:17plan paragraph uh paragraph D that would

4:10:21be 24 months and if you'd like me to

4:10:23elaborate further I can but thank you

4:10:26very much.

4:10:28Okay. So, just for my colleagues, I

4:10:30wanted to make sure we were able to have

4:10:32the discussion through this amendment.

4:10:33It does say 12 months, but director

4:10:35pulled me aside this morning and said,

4:10:36"Hey, they scre like [clears throat]

4:10:39silk screen these signs. That's going to

4:10:40be a lot of work because we are the

4:10:42biggest and best island and there are

4:10:43going to be a number of signs to do."

4:10:45Um, and they're looking to do this

4:10:47inhouse in order to save on costs. I

4:10:50also reminded him that our county public

4:10:52works has an intergovernmental agreement

4:10:55with the state department of

4:10:56transportation where we can do work for

4:10:58each other up to $2 million. Um,

4:11:00director sniffing has signaled support

4:11:03for this program. So, we will be asking

4:11:06as part of the planning phase for HDOT

4:11:09to help fabricate some of those signs.

4:11:10So, not everything has to be happening

4:11:12by the county. But, thank you for being

4:11:14here, director.

4:11:16>> Thank you.

4:11:17>> I'll yield for any comments and then

4:11:19I'll

4:11:19Okay. Any comments? Nope.

4:11:23>> Thank you, chair. I'll be withdrawing um

4:11:25the motion to amend 199. Thank you,

4:11:28>> okay. So, now we're back to bill 199 as

4:11:31amended. Any more discussion?

4:11:35Hearing seeing none, all those in favor

4:11:38of approving bill 199 as amended, please

4:11:41say I.

4:11:42>> Those opposed, we have six eyes, three

4:11:46excused. Cherry Naba, Miss Vegas, and

4:11:50Miss Kima. Okay, motion carried. Okay,

4:11:53let's go. Bill 200.

4:11:57Is there any testimony for bill 200?

4:12:00Hearing none, bill 200 amends chapter

4:12:0214, Hawaii County Code 1983, 2016

4:12:05edition as amending a new article

4:12:07relating to the establishment of a mole

4:12:10interpretation program allows

4:12:11interpretive insert institutions on

4:12:13county property. Introduced by Council

4:12:16Member Kirkwitz.

4:12:17>> Chair. Motion to approve bill 200 at

4:12:19first reading.

4:12:20>> Motion by Miss Kirkowitz, second by Mr.

4:12:23Houston. Go ahead.

4:12:24>> Thank you. I got really lucky with the

4:12:25numbers of these bills. Um, again, this

4:12:28creates a process for Hawaii Island

4:12:30residents, organizations to essentially

4:12:34apply uh to install interpretive signs,

4:12:37murals on county facilities and

4:12:39properties. there would be one

4:12:41standardized um application across

4:12:44county departments and I've committed um

4:12:46to helping the departments draft that um

4:12:49so that it can be something that this

4:12:51body reviews um by next reading even

4:12:54though they do have six months to create

4:12:57that particular application. It would be

4:13:00good to get um this council's feedback

4:13:02on what that application process would

4:13:05look like. Um, and then one thing I just

4:13:07wanted to emphasize, share, when a

4:13:10resident or an organization does apply

4:13:13to install public art on any one of our

4:13:16properties or facilities, there is no

4:13:18guarantee of funding by the county. That

4:13:21is something that will be determined on

4:13:22a case-byase basis. But this at least

4:13:24creates that process, a formal process

4:13:26for folks to apply and for ideas to be

4:13:29vetted. Um, you know, Mr. Kata from

4:13:32parks and recck let me know that there

4:13:33are a number of folks that have reached

4:13:35out to parks and wreck wanting to do

4:13:36murals on community centers. Um they

4:13:39would love to entertain the idea but

4:13:41there should be a formal standardized

4:13:43process that everyone has access to. So

4:13:45this would help to solve with those

4:13:47community requests. Thanks everyone. I

4:13:49yield chair.

4:13:50>> Any other comments?

4:13:52Okay. I just have one to the honor. So I

4:13:56think with state law and planning

4:14:00department I don't know if you folks

4:14:02might know that but um if someone does

4:14:04paintings on like wherever

4:14:08what I heard before you couldn't just

4:14:11remove it if you needed to. Did you

4:14:14folks anybody hear about that?

4:14:18No. Okay. Corporation council good good

4:14:22job. So I I I I thought I heard before.

4:14:27So when you know someone does a painting

4:14:30on a wall, a mural on the wall.

4:14:32>> Sorry, can I hear something?

4:14:33>> Can Oh,

4:14:36you can sit down.

4:14:39>> Oh, so so when someone does painting on

4:14:43a wall. Okay. Yeah. Okay. I don't know

4:14:48if it's like a state law that you cannot

4:14:50just remove it. Like in Honolulu, I

4:14:52think they had some problems with that

4:14:55situation.

4:14:57You don't you never heard about that?

4:14:59>> You mean like graffiti or?

4:15:00>> No, no, no. Like someone did a mural

4:15:02like a picture and then but later on say

4:15:04a new owner comes in and they don't want

4:15:07it.

4:15:11>> Yeah. I'm not Yeah, if it's on private

4:15:13property that's Yes, that's their own um

4:15:17>> but I thought there was something but I

4:15:18don't know. Maybe if you can look into

4:15:20that. So what is the what is the

4:15:21context? This is for a public building

4:15:23or this is for

4:15:24>> any if any like you know someone does do

4:15:26painting.

4:15:27>> So like the wand murals in Wiki or

4:15:30whatever. Yeah.

4:15:31>> Or any

4:15:32>> yeah county or private buildings or

4:15:35whatever.

4:15:36>> Okay. Yeah we can resource that.

4:15:37>> Okay. Thank you.

4:15:38>> Okay.

4:15:40>> Vice chair. If your question is around

4:15:42can a property owner choose to paint

4:15:46over art on their building. Is that the

4:15:49question?

4:15:50>> Well, I I I think I heard something

4:15:52about when in Honolulu

4:15:54had some paintings, right? Some murals

4:15:56on the wall and then I don't know,

4:15:59somebody wanted to remove it and they

4:16:01couldn't.

4:16:03>> Yeah. I mean, there are a number of

4:16:05mural festivals that happen in Honolulu.

4:16:08Um, we're not talking about murals on

4:16:12private property at this time. I can I

4:16:14can verify for you though because I have

4:16:16coordinated murals on on private

4:16:18property in downtown Hilo. Property

4:16:20owners can elect to paint over it.

4:16:23>> Okay, good.

4:16:24>> They can and they don't even have to

4:16:25notify the organization or the artist

4:16:28that they are doing that.

4:16:29>> Okay, good. Good. Okay, sounds great.

4:16:32Okay, thank you. Okay, so all those in

4:16:34favor of approving bill 200, please say

4:16:37I.

4:16:38>> Those opposed. Now we have five eyes,

4:16:41four excused. Cherry Nava, Miss Vegas,

4:16:44Miss Glima, and Mr. Ky Kleinfelder.

4:16:47Motion carried. Okay, we're going to do

4:16:50bill 154.

4:16:54Is there any testimony for Bill 154,

4:17:00draft two?

4:17:06Hearing none. Bill 154 draft 2 amends

4:17:08chapter 25 articles 15 and seven of the

4:17:10Hawaii County Code 1983 2006 station as

4:17:13amended relating to commercial parking

4:17:14lots and garages. Removes c commercial

4:17:16commercial parking lots and garages per

4:17:18use in the general industrial commercial

4:17:20mix limit industrial and general

4:17:22industrial zoning districts. Allows

4:17:23commercial parking lots and garages in

4:17:25the resort hotel zoning district with a

4:17:27use permit. Makes other housekeeping

4:17:28amendments introduced by council members

4:17:30inaba and viegas.

4:17:34Chair motion to approve bill 154 draft 2

4:17:37at first reading.

4:17:39>> Okay. Motion by Miss Kirkwitz, second by

4:17:41Mr. Houston.

4:17:43Any discussion, Mr. Kirk?

4:17:45>> No, I think we had robust discussion um

4:17:47in committee chair. Um this bill is very

4:17:51straightforward, but we do have members

4:17:53of the department here uh if committee

4:17:56member or council members have any

4:17:57questions. Thank you.

4:18:00>> Okay.

4:18:02Hearing no see none. All those in favor

4:18:04of approving bill 154 draft to at first

4:18:07reading please say I. Those opposed. We

4:18:11have five eyes, four excused. Chair

4:18:13Naba, Miss

4:18:15Mr. Kel Kleinfelder and Miss Kimba.

4:18:18Motion carried. So now let's do since I

4:18:22see Zach up there. Can we do bill 2011?

4:18:29Is there any testimony for bill 201

4:18:31which is at first reading?

4:18:34>> Chair motion to approve bill 2011 at

4:18:37first reading.

4:18:38>> Hearing no testimony, bill 201 amends

4:18:40orders number 26-45

4:18:43relating to public improvements and

4:18:44financing thereof for the fiscal year

4:18:46ending June 30, 2027

4:18:49as the Mass Transit Agency Kyua Kona hub

4:18:51and parking right facility project $5

4:18:53million to the capital budget. funds for

4:18:55this project from general obligation

4:18:56bonds capital projects fund fund balance

4:18:59and other sources introduced by member

4:19:00council member Connie Clampler by

4:19:02request and this requires a two-thirds

4:19:04vote entire membership to pass.

4:19:07>> Thank you. Sorry, Mr. Clerk. Uh chair

4:19:08motion to approve bill 2011 at first

4:19:10reading.

4:19:13[laughter]

4:19:13>> Okay. Motion

4:19:16second by Miss Kirkwood. Um you want to

4:19:19>> vice chair just and administrator Bergam

4:19:22I see you online. Uh, unfortunately my

4:19:24position is that we don't have our two

4:19:25Kona council members here to speak to

4:19:27this matter today. So I apologize. I

4:19:29know you've been with us for a while. So

4:19:31at this point, chair, I motion to

4:19:32postpone bill 2011 to our November

4:19:376th council meeting.

4:19:39>> Okay. Got it. Second.

4:19:42>> Second.

4:19:43>> Okay. Motion by Miss Mr. Hustes, second

4:19:47by Miss Kagiada on motion of post. Any

4:19:51discussions?

4:19:52coming back.

4:19:54>> Personally, I'd just say we move this

4:19:55ahead. I don't think the council members

4:19:56are going to have issues with this.

4:19:58They'll still have to go to first

4:20:01sorry, second hearing. Yeah.

4:20:03>> Yeah. We're going to be going to

4:20:05secondary.

4:20:06>> Yeah. So, that'd be my my take. But if

4:20:08the count if the body does not agree,

4:20:11that's fine.

4:20:13>> Okay. Any other discussions? Okay.

4:20:15>> Vice chair, if I may.

4:20:17>> Go ahead.

4:20:17>> Yeah. Just wanted to ask the

4:20:19administrator. Um, is there a time

4:20:23constraint on your side of things if we

4:20:25were to just push this? I I I think this

4:20:28is a point well made about having the

4:20:30Kona folks here for this discussion, but

4:20:32if there's a time frame that you're

4:20:35constrained by, can you please let us

4:20:37know about that just in case?

4:20:40>> Um, yeah. Thank you, council member. Um,

4:20:44we're hoping to, uh, move to the land

4:20:46acquisition phase within the, you know,

4:20:48the next couple of months or actually by

4:20:50the end of the year, have it all

4:20:52buttoned up. Um, but I can check with,

4:20:55um,

4:20:57mayor's office to see if they've heard

4:20:58anything new as well about a timeline

4:21:01associated with it. I just know that we

4:21:02are trying to shoot for land acquisition

4:21:04by the end of the year.

4:21:06>> Okay.

4:21:09In that case, then I would suggest we

4:21:11move it since there is an opportunity

4:21:13for our Kona um council members to weigh

4:21:16in at second and final reading.

4:21:19>> Okay. But then Oh, Mr. On the

4:21:22postponement or you want

4:21:25>> and if you would like I can also go over

4:21:26this briefing if you would like today.

4:21:28No, we I don't think we want that

4:21:31because the coun council members are not

4:21:33here

4:21:34>> and so that's why we was going to

4:21:35postpone it

4:21:36>> because the situation.

4:21:40>> There's no other dis discussion on the

4:21:42postpone. I'll withdraw the motion to

4:21:43postpone.

4:21:44>> Okay. Okay. So all So any other

4:21:46discussion on the main motion

4:21:49on bill one uh 201?

4:21:53Okay. Hearing see none. All those in

4:21:55favor of approving bill 2011 and at

4:21:58first reading please say I. Those

4:22:01opposed. So we have six eyes and three

4:22:04excused. Mr. Cherry Naba, uh, Miss Vegas

4:22:08and also Miss Gimba. Motion carried.

4:22:11Okay. So now let's go to the top.

4:22:20Is is there any testimony for resolution

4:22:23694-26?

4:22:29Hearing none, resolution 694-26

4:22:32authorizes the mayor to enter into an

4:22:33interupal agreement with the United

4:22:35States Department of Housing Urban

4:22:36Development to receive a grant for the

4:22:37Kukuyola supportive housing project in

4:22:39North Kona allows for receipt of

4:22:411,892,000

4:22:43in federal drive funds to assist with

4:22:44the planning, design, and construction

4:22:46of the Cukuola supportive housing

4:22:48project introduced by council member

4:22:49Connie Claver by request. And this is a

4:22:51companion to bill 198.

4:22:54>> Motion to approve resolution 694-26.

4:23:00Oh, sorry. Motion by Mr. Ki Kleinfeld,

4:23:03second by Mr. Houston.

4:23:06Go ahead.

4:23:09Any other discussion here? Seeing none,

4:23:11all those in favor of approving

4:23:13resolution 694-26, please say I. Those

4:23:16opposed, we have seven eyes, two

4:23:19excused, M. Cherry Nava and Miss Vegas.

4:23:22Motion carried. Can we do Sorry, M to

4:23:26bill

4:23:28U

4:23:301 196.

4:23:31[snorts]

4:23:32Is there any testimony for bill 196

4:23:35which is at first reading?

4:23:41Hearing none. Bill 196 amends orders

4:23:43number 26-44

4:23:45the operating budget of the county of

4:23:47Hawaii for the fiscating June 30 2027.

4:23:52Appropriate services in the estate

4:23:53grants coffee berry bor coffee leaf rust

4:23:55pesticide subsidy program account

4:23:57$150,000 and appropriate name to the

4:23:59coffee berry borer coffee leaf rust

4:24:01pesticide subsidy program account

4:24:02introduced by council member Ky clamper

4:24:05by request

4:24:06>> a motion to approve bill 196

4:24:09>> okay motion by Mr. Kleinfelder second by

4:24:12Mr. Houston. Any discussions?

4:24:16Hearing no seeing none. All those in

4:24:18favor of approving bill 196 at first

4:24:20reading, please say I.

4:24:21>> Those opposed, we have seven eyes to

4:24:23excuse. Chair Namba and Miss Vegas.

4:24:26Motion carried. Okay, now we can go back

4:24:28to the top. Oh, director

4:24:32um DPW, do you have anything else on the

4:24:36agenda?

4:24:43Why no? Okay, we're going to take bill

4:24:47191 draft three out of order, please.

4:24:55Is there any testimony for bill 191

4:24:57draft 3, which is at second and final

4:24:59reading?

4:25:02Hearing none. Bill 191, draft 3, amends

4:25:04chapter 10, article 1, section 10-8 of

4:25:06the Hawaii County Code, 1983, 2016

4:25:08edition as amended, relating to erosion

4:25:11and sedimentation control, establishes

4:25:12administrative enforcement provisions

4:25:14for violations of chapter 10, including

4:25:16increased fines of up to $1,000 per day

4:25:19introduced by council member Enaba and

4:25:21first reading was October 7, 2026.

4:25:25>> Chair motion to approve bill 191 on

4:25:28second and final reading.

4:25:30>> Okay. Motion by M. Kirkwood second by

4:25:33Miss Kagiada. Any discussions?

4:25:37Hearing no saying none. All those in

4:25:39favor of approving bill 191 draft three

4:25:42at final reading please say I.

4:25:44>> Those opposed. We have seven eyes to

4:25:46excuse. Chair na miss Vegas. Motion

4:25:49carried. Okay. Now we can go to the top.

4:25:53>> Is there any testimony for resolution

4:25:54707?

4:25:57Hearing none. Res 707-26 transfers

4:25:59appropriates an appropriation out from a

4:26:01designated fund account. A credit sane

4:26:03to a designated fund account with a

4:26:04grant to action for animals Hawaii for

4:26:06its community dog wellness program.

4:26:08Transfers $3,000 of clerk council

4:26:10services contingency relief account

4:26:12council district 1 and credits to

4:26:14department research and development

4:26:15business development account introduced

4:26:16by council Kimble.

4:26:18>> Move to approve resolution 707-26.

4:26:22>> Okay. Motion by Miss Kimble, second by

4:26:24Mr. Houston. Miss Kimble.

4:26:26Okay. Hearing no or seeing any

4:26:29discussion all those in favor of

4:26:30approving resolution 707-26

4:26:35please say I.

4:26:36>> Those opposed we have seven eyes to

4:26:39excuse chair number miss Vegas. Moving

4:26:42on.

4:26:43>> Motion carries.

4:26:45>> Oh, a motion carried. Sorry.

4:26:46>> Thank you so much.

4:26:47>> Sorry about that.

4:26:48>> No problem. It just wraps it all up and

4:26:50makes it finished. Uh is under testimony

4:26:54for resolution 708-26

4:26:57hearing none. Resolution 708-26

4:26:59transfers appropriates an appropriation

4:27:01out from a designated fund account

4:27:02credit to designated fund accounts

4:27:04better grant to Hiki Ola for its la

4:27:07Makahoui community meetings transfers

4:27:10$4,000 of clerk council services

4:27:12contingency relief accounts district 8

4:27:14and credits to department research and

4:27:15development other current expenses

4:27:16account introduced by council member

4:27:18Inaba. Chair move to approve resolution

4:27:20708-26.

4:27:22>> Second.

4:27:22>> Motion by Mr. Houston, second by Miss

4:27:24Kirkowitz. Any discussions? Hearing

4:27:27seeing none. All those in favor of

4:27:28approving resolution 708-26, please say

4:27:31I. Those opposed. We have six eyes.

4:27:36I'm sorry, seven eyes and two excused.

4:27:38Chair and Vgas. Motion carried 709.

4:27:43>> Is there any testimony for resolution

4:27:44709-26?

4:27:47Hearing none. Resolution 709-26

4:27:49transfers appropriates an appropriation

4:27:51out from a designated fund account

4:27:52credit to a designated fund account to

4:27:54try to grant to the island of Hawaii

4:27:56YMCA for their keeping the lights on

4:27:59safe nights of the YMCA project

4:28:00transfers $1,000. The cler council

4:28:02services contingency relief account

4:28:04council district 4 and credits to

4:28:06department control public programs

4:28:07account introduced by council kirkowitz.

4:28:09>> Chair motion to approve resolution

4:28:11709-26.

4:28:13>> Motion by Miss Kirkowitz, second by Mr.

4:28:15Houston. Go ahead, Mr. Cervitz.

4:28:20Oh, we don't have any. Okay. No

4:28:23discussions. All those in favor of

4:28:24approving resolution 709-26, please say

4:28:27I.

4:28:28>> Those opposed. We have seven eyes, two

4:28:31excused. Sharon, Miss Viegas. That's

4:28:34motion carried. Let's do resolution 710.

4:28:37Is there any testimony for resolution

4:28:38710-26?

4:28:43Hearing none. Resolution 710-26.

4:28:45transfers, appropriates, and

4:28:46appropriation out from a designated fund

4:28:47account. Credit credit saint to a

4:28:48designated fund account, but a grant to

4:28:50friends of Hale Ulua Clubhouse for its

4:28:53community mental health resource event

4:28:55transfers $5,000 and clerk council

4:28:57services contingency relief account

4:28:59district 4 and credit to department of

4:29:01park recreation culture education other

4:29:03expenses account introduced by council

4:29:05kirkowitz.

4:29:06>> Chair motion to approve resolution

4:29:08710-26.

4:29:10>> Okay. Motion by Kirkowitz, second by Mr.

4:29:12Hustes. Any discussions? Hearing no

4:29:15seeing none. All those in favor of

4:29:16approving resolution 710-26,

4:29:19please say I. Those opposed. We have

4:29:22seven eyes. Two excused. Chair namas and

4:29:26motion carry. 7.

4:29:28>> Is there any testimony for resolution

4:29:29711-26?

4:29:32Hearing none. Resolution 71-26 transfers

4:29:34appropriates an appropriation out from a

4:29:36designated fund account credit to a

4:29:37designated fund account at a grant to

4:29:39the GG Foundation for the Mahalo

4:29:41teachers event transfers $1,000 of clerk

4:29:43council services contingency of account

4:29:45council district 4 and credits to the

4:29:47department of liquor control public

4:29:49programs account introduced by council

4:29:50member Kirkwitz.

4:29:51>> Chair motion to approve resolution

4:29:5371-26.

4:29:55>> Motion by Miss Kirkwitz and second by

4:29:57Mr. Mr. Hustes. Any discussions hearing?

4:30:00No, see none. All those in favor of

4:30:02approving resolution 711-26, please say

4:30:05I. Those opposed, we have seven eyes,

4:30:08two excused, chair and Vegas. Um motion

4:30:12carried 712.

4:30:15Is there any testimony for resolution

4:30:16712-26?

4:30:19Hearing none. Res 712-26 transfers

4:30:21appropriates an appropriation out from a

4:30:23designated fund account credit to a

4:30:25designated fund account for a grant to

4:30:26Okawa Kaku for the third annual KA

4:30:29festival kibival oku transfers $5,50

4:30:34council services contiguous relief

4:30:35account district 6 and credits to the

4:30:38department of parks recreation

4:30:39administration of the current expenses

4:30:40account introduced by council member

4:30:41Gimba.

4:30:43>> Motion to approve se resolution 712-26.

4:30:47Motion by Miss Kimbo, second by Mr. Hus.

4:30:50Miss Gima,

4:30:51>> ask for my colleague support.

4:30:53>> Okay. All those in favor of approving

4:30:56resolution 712-26,

4:30:58please say I.

4:30:59>> Those opposed, we have seven eyes, two

4:31:01excuse, cherry and mus 73 713.

4:31:07Motion carries. Oh, motion carry.

4:31:10>> Thank you. Thank you so much. Uh

4:31:12resolution 713-26 transfers appropriates

4:31:15an appropriation on from a designated

4:31:16fund account and credit sane to a

4:31:18designated fund account at a grant to

4:31:19North Kohala Community Resource Center

4:31:21to assist with expenses for the Kohala

4:31:23Resilience Hub's 2026 Kiki Christmas toy

4:31:26drive. Transfers $1,000 of per council

4:31:29services contingency relief account 9

4:31:31and credits to the Department Liquor

4:31:33Control Public Programs Account

4:31:34introduced by Council Member Hustus.

4:31:36>> Move to approve resolution 713-26.

4:31:39>> Second.

4:31:39>> Motion by Mr. Hues second by Miss

4:31:41Kirkwitz. Mr. Hues

4:31:43>> just asking for my colleague support as

4:31:45we get into the holiday spirit. Thank

4:31:46you.

4:31:47>> Great. Okay.

4:31:49No further discussion. All those in

4:31:50favor approving resolution one 713-26

4:31:54please say I. Those opposed. We have

4:31:56seven eyes. Two excuse. Cherry nama and

4:32:01motion carried. [laughter]

4:32:04>> Is there any testimony for resolution

4:32:06715-26?

4:32:08Hearing none. Resolution 715-26

4:32:11authorized payment of funds of later

4:32:12fiscal years to enter a multi-year lease

4:32:14agreement for two multi-function copy

4:32:16machines to be used by the office of the

4:32:17corporation council author authorized

4:32:19the mayor to enter a 5-year lease

4:32:21agreement with an approximate annual

4:32:22cost of $9,600 to be used in the

4:32:25department's Hilo and Kona offices

4:32:26introduced by council member Connelly

4:32:28Kleinfelder by request

4:32:30>> a motion to approve resolution 715-26

4:32:35>> motion by Mr. Kly Kleinfelder second by

4:32:37Mr. use this any discussion.

4:32:39>> Just a note, these copy machines are

4:32:42getting really expensive. Anybody

4:32:44noticed there was one yesterday.

4:32:47It's crazy. It's like $1,000 a month per

4:32:49machine. Yeah, it's crazy. So, just

4:32:52putting that out there. Thank you.

4:32:53>> Okay, any other discussions?

4:32:56Seeing none, all those in favor of

4:32:58approving resolution 715-26, please say

4:33:01I.

4:33:01>> Those opposed, we have seven eyes. and

4:33:07oh sorry seven I's and two excuse chair

4:33:10Naba

4:33:11Mes motion carried

4:33:14>> okay so let's get down to

4:33:17bill 193 that's what I got bill 193 next

4:33:21up on the ledger if you will

4:33:25is there any testimony for bill 193

4:33:27which is at first reading

4:33:29hearing none bill 193 amends chapter 2

4:33:32article 25 section 2-13 37 of the Hawaii

4:33:35County Code 1983 2016 edition as amended

4:33:38relating to appropriation of funds to

4:33:40nonprofit organizations specifies that

4:33:42nonprofit organizations whose governing

4:33:44board members receive compensation for

4:33:45their governing duties are ineligible to

4:33:47receive county grants introduced by

4:33:49council member Zinaba and Kimble.

4:33:51>> Chair motion to approve bill 193 at

4:33:53first reading.

4:33:54>> Okay. Motion by Miss Kimble, second by

4:33:57Miss Kirkowitz. Any discussion?

4:33:59>> Yeah, thank you. We had a fairly robust

4:34:01discussion about this at um committee. I

4:34:03think it's a fairly straightforward

4:34:05bill. There was just a discrepancy about

4:34:07making clear that nonprofits who paid

4:34:10board members for being on the board on

4:34:13board activities were disqualified but

4:34:15not paying board members for other

4:34:19activities conducted by the

4:34:21organization. Um, unfortunately that

4:34:24lack of clarity resulted in some

4:34:27entities that are doing really good work

4:34:29being disqualified. So hopefully with

4:34:32this clarification, um, that won't

4:34:34happen again. So as for my colleague

4:34:35support, thank you.

4:34:37>> Any other discussions? Hearing or seeing

4:34:39none, all those in favor of approving

4:34:41bill 193 at first reading, please say I.

4:34:44>> Those opposed? Okay, we have seven eyes

4:34:47and two excuse, Cher Naba and Miss.

4:34:51Motion carried.

4:34:53Bill 197.

4:34:54>> Is there any testimony for bill 197

4:34:57which is at first reading

4:35:01hearing? None. Bill 197 amends chapter

4:35:0319 article 7 of the Hawaii County Code

4:35:061983 2006 edition as amended relating to

4:35:08a temporary real property tax amnesty

4:35:10for certain hosted transit vacation

4:35:12rentals. Establish a tax amnesty for

4:35:14properties that have existing vacation

4:35:15rentals in violation of the restrictions

4:35:17of the homeowner class. requires either

4:35:19ceasing the rental activity or properly

4:35:21registering the rental activity without

4:35:22being assessed. Roll back taxes,

4:35:24penalties, and interest introduced by

4:35:26council member Kimble.

4:35:28>> Chair motion to approve bill 197 at

4:35:30first reading.

4:35:32>> Okay. Motion by Miss Kimble, second by

4:35:35Miss Kagiwara. Go ahead.

4:35:38>> Yeah, thank you. Um realizing, you know,

4:35:40that there was some skepticism from some

4:35:42of my colleagues about this. Um, you

4:35:43know, it is it was part of the overall

4:35:47121 package that again has been broken

4:35:49apart into these different pieces. And

4:35:52to council member Connie Clayton

4:35:54Felder's comments earlier, is

4:35:56independent and separate. It doesn't

4:35:58matter if it passes or not with respect

4:35:59to the other bills, although they do

4:36:01interplay together. This particular one

4:36:04is geared towards incentivizing folks to

4:36:08either get registered or to convert from

4:36:12switching to transit vacation rentals to

4:36:14long-term housing or some other thing by

4:36:16allowing them that ability to keep the

4:36:193% cap. And I do want to call everyone's

4:36:22attention back to the handout that I

4:36:25shared when we were talking about the

4:36:26other tax amnesty bill with that it's

4:36:29really that 3% cap and the loss of that

4:36:31for people who have been in their homes

4:36:33longer that is the true economic impact

4:36:37le less so even than the rate. So, if

4:36:40somebody's been

4:36:42as as I showed in that graphic that that

4:36:45Kada put together, the longer they've

4:36:47been in the house, the bigger impact the

4:36:50loss of that 3% cap is going to have.

4:36:52And so, you know, arguably folks should

4:36:55know that operating a transient vacation

4:36:58rental has that impact on their

4:37:00homeowners tax class. Um, it has been

4:37:04sent out to them. It has been in on the

4:37:06website. it has been included in the tax

4:37:08assessments. Um um administrator Mur can

4:37:12talk about other communication efforts

4:37:14that were conducted around this, but we

4:37:17always know it's there's always going to

4:37:18be some folks we don't reach and so

4:37:21they'll learn this when they've

4:37:22registered and they they start to see

4:37:24that impact on their taxes. Um so this

4:37:27is this is a way to provide folks that

4:37:30weren't aware. Um, and I I will mention

4:37:33that in the registration process,

4:37:34there's also a like, you know, this is

4:37:36going to affect your your taxes button

4:37:38as well. Um, so this gives people the

4:37:41opportunity to say, "Okay, I'm not going

4:37:42to do a TVR anymore." And it's like they

4:37:45just continue their homeowners tax

4:37:47class. If they do do the TVR, um, then

4:37:51it hits at the ne next cycle where they

4:37:53lose that 3% cap. So, it's not a

4:37:55permanent amnesty. It just means that

4:37:57they're not going to be liable for the

4:37:58penalties. Um but going forward they

4:38:00lose the 3% cap and the um they move to

4:38:05the other tax rate um as as the rest of

4:38:08the folks in the TVR uh industry do. So

4:38:12hopefully that provides some clarity. I

4:38:13I ask for everybody to to consider

4:38:15supporting as a a way to you know in in

4:38:19some cases protect some of our longtime

4:38:20homeowners that just didn't realize the

4:38:22impact that this would have on their

4:38:24taxes. and we we are talking about

4:38:27potentially tens of thousands of dollars

4:38:29um in the event that that somebody is

4:38:32caught. So anyway, administrator Murray,

4:38:34anything you want to add on this because

4:38:35we did work on this together.

4:38:39Uh no, real property tax administrator

4:38:41Lisa Meera on Zoom and I just want to

4:38:44thank you for clarifying all of that,

4:38:45Council Member Kimell, but that is how

4:38:48we understand it at Real Property as

4:38:50well. If someone files the affidavit

4:38:53today that says they're going to stop

4:38:55doing it this year, then it would be

4:38:58there would be no change in their taxes

4:39:01if this passes.

4:39:04Or if they continue to they register for

4:39:08the hosted rental, then we'll view it as

4:39:10them self-reporting,

4:39:12registering with planning, and they

4:39:14would lose it next year and not even the

4:39:16current tax year, which is right now.

4:39:22Okay.

4:39:24Okay. Any other disc?

4:39:26>> Thank you, chair. Um, yeah, I'm I'm in

4:39:28full support of this. It's

4:39:31it's a little tricky because I think

4:39:33Council Member Hust brought up that, you

4:39:35know, some people who have already

4:39:37complied and follow the rules. Is it not

4:39:40fair for them? But I I I really do feel

4:39:43for these are homeowners. These are our

4:39:46residents. These are not people who have

4:39:49um you know just investment properties

4:39:53here. Um but these are people in our

4:39:55community and I really would hate to see

4:39:58them especially given this environment

4:40:01with just the very struggling times

4:40:04about affordability that they might you

4:40:07know lose a lot of money that was not in

4:40:12they didn't really understand or it was

4:40:14not intended. I think it gives a clear

4:40:16path for going forward and making

4:40:18decisions with all the knowledge and

4:40:21they can assess and make that decision

4:40:23at that time. But um I do not want to

4:40:28see people you know have a really big

4:40:30jump in their home their primary home

4:40:33taxes um because they were unaware of

4:40:37some of these issues. So I I am in

4:40:39support of this um for our residents.

4:40:43Thank you. I

4:40:45Mr. Con

4:40:47to the maker, does bill 147 as amended

4:40:50today

4:40:52with that one section we discussed last

4:40:55the amendment. Does that address this at

4:40:57all? We're doing the warning letter.

4:41:00>> No, it doesn't address that.

4:41:04>> Okay. I understand I understand the

4:41:08idea here,

4:41:10but I I actually feel for the people who

4:41:12followed the law, didn't have a

4:41:14short-term vacation in a homeowner's tax

4:41:17class property,

4:41:19and now we're saying, "Well, if you had,

4:41:21it's okay because we're willing to

4:41:23forgive you." At that point,

4:41:26what's the purpose of having laws if

4:41:28we're just going to roll it back when we

4:41:29need to to make sure they're okay? You

4:41:31just don't do it.

4:41:33So, uh, I'm not going to be supporting

4:41:36this,

4:41:38Mr. Kimble.

4:41:39>> Yeah, just just to make clear, council

4:41:41member county clamp, like I I certainly

4:41:43get what you're saying, but this is is

4:41:45temporary. So, if they are offering if

4:41:47they are doing a a a transit vacation

4:41:50rental, their taxes will change the next

4:41:53year. They'll they'll lose the 3% cap.

4:41:56They will go to the residential rate.

4:41:58this is only temporary. Um unless they

4:42:01sign an affidavit saying they're not

4:42:03going to do short-term vacation rental

4:42:04anymore, then they can keep the

4:42:06homeowner tax class. So this is not by

4:42:09any means permitting a small group of

4:42:12people to continue not following the

4:42:14law. It's just it's a temporary amnesty.

4:42:18I I should also mention and and

4:42:20administrator Murio, you can express

4:42:23this as well that the self-reporting and

4:42:26waving the roll back fees and penalties

4:42:28for people that self-report is actually

4:42:31something the department is already

4:42:33doing. And so we're just kind of

4:42:35codifying that language here as well. So

4:42:38hopefully that provides a little more

4:42:40clarity. Council member Confelder that

4:42:42this is not a

4:42:44um ongoing permission to to violate the

4:42:47tax law. It is a temporary amnesty.

4:42:53>> Okay. See no further discussion. Mr.

4:42:56Craig, let's do a roll call

4:42:57>> on the motion to pass bill 197 on first

4:43:02reading. Council member Gimba.

4:43:04>> I.

4:43:04>> Council member Hustus.

4:43:06>> I.

4:43:07>> Council member Nava. Council member

4:43:09Kagiada.

4:43:10>> I.

4:43:11>> Council member Connie Kleinfelder.

4:43:12>> Oh,

4:43:14>> Council Member Kirkowitz.

4:43:15>> I.

4:43:16>> Council member Campbell.

4:43:18>> I.

4:43:18>> Council member Viegas.

4:43:20>> Acting Cher Nishi.

4:43:21>> Hi.

4:43:22>> Acting Cher Nishi, you have six votes in

4:43:24favor with council member Conn

4:43:25Kleinfelder opposed and council members

4:43:27Inaba Viegas absent and excused. The

4:43:29motion carries. Bill 197 passes first

4:43:32reading.

4:43:32>> Okay. 198. Is there testim is there any

4:43:35testimony for bill 198? Hearing none.

4:43:39Bill 198 amends orders number 2644 as

4:43:41amended the operating budget of the

4:43:42county of Hawaii for the fiscating June

4:43:4430 2027 appropriations resident the

4:43:46federal grants Kukuyola supportive

4:43:48housing project account 1,892,000

4:43:51and appropri to the Kukuyola supportive

4:43:53housing project account that must be

4:43:54used to assist with the planning design

4:43:56and construction of the Kukuyola

4:43:57supportive housing project introduced by

4:43:59council member Kane Clanfolder by

4:44:01request and this is a companion to

4:44:03resolution 694-26.

4:44:05>> Thank you Mr. Clerk. Mr. Chair motion to

4:44:08approve bill 198 at first reading.

4:44:11>> Motion by Mr. Kleinfelder, second by Mr.

4:44:14Hustes. Any discussions? Hearing no

4:44:16seeing none. All those in favor of

4:44:18approving bill 198 at first reading,

4:44:20please say I. Those opposed. Motion

4:44:24carried. We have seven eyes

4:44:27kind of earlier. Yeah, two excuse.

4:44:29[laughter] And then

4:44:33uh Mus motion carries.

4:44:38Okay, let's go down to communication

4:44:411123.

4:44:42>> Is there any testimony for communication

4:44:441123?

4:44:47Hearing none. Communication 11123,

4:44:49Dennis A. Jibo at all versus county boy

4:44:52at all. Case number three,

4:44:53CCB-21-0000198

4:44:57from Deputy Corporation Council Ryan K.

4:44:59Thomas dated October 2, 2026. requesting

4:45:02an attorney client confidential

4:45:04discussion to consult with the council

4:45:05regarding the above entitled matter

4:45:07including settlement discussion.

4:45:09>> Chair motion to close file communication

4:45:111123.

4:45:13>> Okay. Motion by Mr. Houston, second by

4:45:15Miss Kagiara. Discussion.

4:45:18>> Chair motion to enter executive session

4:45:20pursuant to section 92-5A4 for the

4:45:23purpose of consulting with the council's

4:45:24attorney on questions, issues and

4:45:26pertain to the power, duties,

4:45:27privileges, immunities, and liabilities.

4:45:31Second motion by Mr. Houston, second by

4:45:34Miss Kowitz.

4:45:35Any discussion?

4:45:38Okay. All those in favor of going to

4:45:41executive session, please say I.

4:45:44>> Those opposed? We have seven eyes. Uh,

4:45:47two excused, Mr. Chair Naba and Mus.

4:45:52Motion carried. We're in executive

4:45:54session.

5:42:52There's a lot to be done. Yeah. I mean,

5:42:54just imagine it.

5:43:43Okay. So, we're back from executive

5:43:45session. Mr. Hues, can you make the

5:43:49motion?

5:43:50>> Vice Chair, I'm just going to summarize

5:43:51that we entered executive session

5:43:53pursuant to section 92-5A4

5:43:56for the purpose of consulting with the

5:43:57council's attorneys on questions and

5:43:59issues pertaining to our powers, duties,

5:44:01privileges, immunities, and liabilities.

5:44:03Thank you, chair.

5:44:05You

5:44:05>> make a motion.

5:44:07Uh and with that chair, uh I make a

5:44:09motion to accept the recommendation of

5:44:11of corporation council

5:44:14uh regarding case number

5:44:163CCCV-21-0000198.

5:44:22Second. Okay. Motion by Mr. Houston,

5:44:24second by Miss Kirkowitz. Any

5:44:26discussion? Okay. Hearing no see none.

5:44:29All those in favor of accepting the

5:44:31recommendation by corporation council,

5:44:33please say I. Those opposed with seven

5:44:36eyes to excuse chair nama and miss Vegas

5:44:41and motion carried and then we're going

5:44:45to close the file on communication 11

5:44:49one 1123

5:44:53any discussions see here none all those

5:44:55in favor closing communication 1123 say

5:44:58I

5:44:59>> those opposed we have seven eyes to

5:45:01excuse carava miss and Motion carried.

5:45:05And this concludes our meeting. Mr.

5:45:07Hues, any announcements?

5:45:09>> Thank you, Chair. Just one one brief

5:45:11one. Next week, I know it's uh families

5:45:13are going out there getting some sweet

5:45:16treats and going into community. Please

5:45:18be safe in community on those on those

5:45:19nights, especially it's a Saturday this

5:45:21year for Halloween. Um but one thing

5:45:24before that on this Saturday at the

5:45:27Nanioa is the Hawaii Island Festival of

5:45:29Birds. So, an exciting event to get out

5:45:32there with our our community nonprofits.

5:45:34Thank you so much.

5:45:34>> Great. Any other announcements? Okay. If

5:45:37not, this meeting's adjourned at 2:45

5:45:41p.m. Thank you.

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