Housing and Land Use Committee Meeting - August 24, 2026

The Housing and Land Use Committee reconvened on August 24, 2026, at 9:08 a.m. to continue deliberations on Bills 89, 90, and 91 (2026), which seek land use entitlements for a proposed Haʻikū Fire Station on a 6.097-acre portion of TMK (2) 2-7-007:008 in Hāmākualoa, Hawaiʻi. The committee heard additional testimony from the public and resource persons, held an executive session, and ultimately voted to recommend passage on first reading of all three bills with amendments.

Public Comments & Testimony

• Kaneali Williams (native Hawaiian and resource person) provided extensive testimony opposing the project. He argued that the County lacks jurisdiction over the property because the entire ʻāina of Kuyaha was never lawfully transferred to the United States under the Newlands Resolution. He presented historic maps (1879 Hawaiian Government Survey and a County of Maui overlay map) showing Royal Patent 383 to Richard Armstrong, covering the entire East Kuyaha ahupuaʻa, including the proposed site. He stated that the County’s title report and title insurance do not account for this pre-existing royal patent, and that the County is on notice of a land dispute. He warned that proceeding could lead to criminal trespass charges against native tenants, which he said would be unlawful, and that he would seek injunctive relief if necessary. He also submitted written testimony with exhibits, including a cease-and-desist notice.

Discussion Items

• Fire Station Needs and Site Challenges: Fire Chief Brad Ventura explained that the 6.1-acre site was chosen because it is previously disturbed and can accommodate an elevated water tank for fire suppression. He contrasted it with alternative “Site D,” which lacks adequate water supply and would require purchasing adjacent land. He described the need for a modern, hardened fire station with hot/warm/cold zones, 300-amp electrical service, and capacity for future growth (up to four apparatus). He noted that the project has been in development for 17 years and that the County bought the property in 2007.
• Alternative Proposals: Councilmembers discussed the possibility of purchasing an existing house on a larger parcel, similar to the Pūkoʻo fire station relocation on Molokaʻi. Chief Ventura stated that a house would not meet modern fire station requirements (e.g., contamination control, generator, hurricane resistance) and that the water meter needs (two 5/8-inch meters plus a fire line) are more demanding than typical residential.
• Title and Jurisdiction Concerns: Extensive debate centered on whether the County has clear title. Kaneali Williams presented historic maps showing the site lies within Royal Patent 383, which he argues the title report omits. Councilmembers Cook and Paltin asked about the broader impact on other Kuyaha residents. Deputy Corporation Counsel indicated that title issues would ultimately be a court question. An executive session was held from 9:50 a.m. to 10:49 a.m. to consult with legal counsel on powers, duties, and liabilities.
• Amendments: Councilmember Paltin proposed an amendment to require that the remaining agricultural land (approximately 21 acres of the 27.9-acre parent parcel) be used for subsistence farming through a pilot program involving the Department of ʻŌiwi Resources, Department of Agriculture, Fire Department, native tenants, and the community. The amendment was adopted as part of the conditions for Bills 89 and 91.

Key Outcomes

• Bill 89 (District Boundary Amendment): Moved to recommend passage on first reading with an amended staff-recommended ASF that includes: (a) conditions required under HRS §205-3.5 (right-to-farm notification and non-interference with adjacent farming), and (b) the subsistence farming pilot program amendment. Vote: 6 ayes (Lee, Cook, Paltin, Sugimura, Uʻu-Hodgins; Sinenci with reservations), 2 noes (Rawlins-Fernandez, Johnson), 1 excused (Batangan). Carried.
• Bill 90 (Community Plan Amendment): Moved to recommend passage on first reading without amendments. Vote: same 6-2-1. Carried.
• Bill 91 (Change in Zoning): Moved to recommend passage on first reading with the same amendments as Bill 89 (right-to-farm conditions and subsistence farming pilot program). Vote: same 6-2-1. Carried.
• Next Steps: The bills will now move to the full Council for further consideration. The committee also directed staff to include Kaneali Williams’ full June 5, 2026 council testimony (106 pages) as part of the record for these items.