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HomeMy WebLinkAboutMIN FC 2020/07/07 2018-2020 Committee on Finance 35th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii July 7, 2020 CALL TO The regular meeting of the Committee on Finance was called to order at ORDER: 9:05 a.m. in the Council Chambers, Hilo, by Ms. Maile Medeiros David, Chair. ROLL CALL: Present: Ms. Maile Medeiros David, Chair (via videoconference from Kona) Mr. Herbert M. "Tim" Richards, III, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Karen Eoff, Member (via videoconference from Kona) Ms. Ashley L. Kierkiewicz, Member Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Susan L. K. Lee Loy, Member (came in later) Ms. Valerie T. Poindexter, Member Ms. Rebecca Villegas, Member (via videoconference from Kona) STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: JB Friday: Bill 178 (Comm. 988), in support. Cory Harden: Bill 178 (Comm. 988), in support. Susan Cordell: Bill 178 (Comm. 988), in support. Leslie Cole Brooks: Bill 178 (Comm. 988), in support. Rebecca Ostertag: Bill 178 (Comm. 988), in support. Jonathan Price: Bill 178 (Comm. 988), in support. Sebastian Wells: Bill 178 (Comm. 988), in support. (representing Tropical Conservation Biology and Environmental Science -University of Hawaii—Hilo) FC-35 July 7,2020 Margaret Farias: Bill 178 (Comm. 988), in support. Gary Harold: Bill 178 (Comm. 988), in support. Dwight J. Vicente: Res. 677-200 (Comm. 984); and Bill 178 (Comm. 988), comment. CHR. DAVID: Mr. Clerk, can you please proceed with Communications? Communication 10.4,please. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 10.40: REPORT OF CHANGE ORDERS AUTHORIZED: MARCH 16 —31, 2020 From Finance Director Deanna Sako, dated April 1, 2020, transmitting the above report pursuant to Hawaii County Code Section 2-12.3. Vote on Comm. 10.40: Ms. Poindexter moved to close file on Comm. 10.40. Filed Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mr. Clerk, Communication 10.41. Comm. 10.41: REPORT OF CHANGE ORDERS AUTHORIZED: JUNE 1 — 15, 2020 From Finance Director Deanna Sako, dated June 17, 2020, transmitting the above report pursuant to Hawaii County Code Section 2-12.3. Vote on Comm. 10.41: Ms. Villegas moved to close file on Comm. 10.41. Filed Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 2 FC-35 July 7,2020 CHR. DAVID: Mr. Clerk, Communication 11.33. Comm. 11.33: REPORT OF FUND TRANSFERS AUTHORIZED: MAY 16 –31, 2020 From Controller Kay Oshiro, dated June 5, 2020. Vote on Comm. 11.33: Ms. Villegas moved to close file on Comm. 11.33. Filed Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mr. Clerk, Communication 93.1. Comm. 93.1: FAIR SHARE ANNUAL REPORT AS OF JUNE 30, 2019 From Planning Director Michael Yee, dated February 21, 2020. Motion to Close File: Ms. Villegas moved to close file on Comm. 93.1. Seconded by Ms. Poindexter. CHR. DAVID: Any discussion on the Fair Share Annual Report? MS. LEE LOY: Yes, Chair, I have a question. CHR. DAVID: Thank you. Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. And I know Mr. Yee's not here. But maybe, Deanna, you can help me. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Committee.) You know, I understand how Fair Share works, but I'm also recognizing that there are a number of appropriations that are lapsing. And specifically in this one district, North Kona, I'm looking at$5 million. Am I reading that correctly? On page seven? MS. SAKO: Page seven, thank you. So I don't think these are—oh sorry, I see the lapsed funds. Those are various lapsed funds that have lapsed in a large period of time, from 1997 all the way through June 30, 2019, and I think that's Page 3 FC-35 July 7,2020 just the way they keep track of them. But they are available to be appropriated again. MS. LEE LOY: Thank you for that. Because it I mean, this is a tool for us to provide needed assets in the various districts based on the contribution of development in that area. How do we figure out a way to accelerate the use of this money? We are going to be looking at a huge budget shortfall next year. This is another source of money, and if we can somehow dovetail this into the CARES (Coronavirus Aid, Relief, and Economic Security) Act money that we're getting. I know we can't use the CARES Act money because we have to expend it by the end of the year, but— MS. utMS. SAKO: So down in the bottom, where it says—on page seven it says, "Total Capital Funds Available: North Kona," like for Fire, there's $319,000. Those are net amounts. So not as big as like the amounts that have lapsed. But definitely, funds are available. And then,just to keep in mind, that the project has to be a new project or expanding capacity. And so as long as this criteria are met, the appropriation for the Capital Projects Fund should show as the funding source, Fair Share, so that we can track it appropriately. And Bethany or Ron, I think, are the two that can help. MS. LEE LOY: Okay. Yeah, I just— MS. ustMS. SAKO: Just to make sure I'm not—same people and asking for the same money, yeah. MS. LEE LOY: Thank you. Deanna, I just I mean, I'm looking at the total appropriation lapsed, and it's closer to $7 million. That's a lot of money that we're leaving on the table, and I just— MS. ustMS. SAKO: Yeah. And I think it's netted against the total appropriation. So if you look at the very bottom, where it says, "Total Capital Funds Available,"that's the line you want to follow. It's still a lot of money, but not quite that much, yeah. MS. LEE LOY: Great. Thank you, Deanna. I just want to kind of want to share with the rest of my colleagues that there's money in everybody's district, and there's ways to utilize this. So with that, I yield. Thank you, Chair. CHR. DAVID: Thank you very much, Ms. Lee Loy, for the question. Anyone else? Seeing none, all those in favor of filing Communication 93.1 please say, Ic aye. Page 4 FC-35 July 7,2020 Vote on Comm. 93.1: The motion to close file on Comm. 93.1 was carried by the Filed following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mr. Clerk, Communication 983, please. Comm. 983: AUTHORIZES THE ACCEPTANCE OF A DONATION OF 3,500 SURGICAL MASKS TO THE COUNTY OF HAWAII Donated by Director General Michael Tseng of the Tapei Economic and Cultural Office in Honolulu, with an approximate value of$525, to be used in the fight against COVID-19. Motion to Close File: Mr. Richards moved to close file on Comm. 983. Seconded by Ms. Eoff. CHR. DAVID: Any discussion, Council Members? MR. RICHARDS: Chair? CHR. DAVID: Yes, go ahead, Mr. Richards. MR. RICHARDS: Yeah, what prompted this? This is cool, but what prompted it? I'm just curious. Did they do it for the whole State? Do we know? CHR. DAVID: I don't. Well, according to the request, it just went to the Office of the Mayor. And it was a donation, It's like it says, it's general. MR. RICHARS: Okay. Just curious. CHR. DAVID: Yeah. MaybeI'm not sure. I'm not sure. MR. RICHARDS: And what are we going to do with these? Are they going to be distributed amongst our staff? Is that how that's going to happen or we're giving it to first responders? CHR. DAVID: It's surgical masks. Maybe—Deanna, if it's a donation, do you have any other information than what we have in our file right now? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Committee.) Page 5 FC-35 July 7,2020 MS. SAKO: In general, a lot of people have been stepping up to, you know, give and help whoever they can help. And I think these areI'm not sure which ones are the surgical ones. But I believe a lot of them have gone to EMTs (Emergency Medical Technician) or up to Civil Defense, and then just various masks have been made available to each department. So if someone forgets their mask, you know, one can be provided. So, I'm not sure specifically where these ended up. You know, some has gone to seniors up at the Office of Aging, and around the island. MR. RICHARDS: Okay. Just curious, because I think we're going to be wearing these masks for a while. MS. SAKO: Yes. MR. RICHARDS: We have a demographic that probably could use it, you know. Kids are notorious for losing things. So maybe demographic out there that— MS. hatMS. SAKO: Yeah. MR. RICHARDS: Then maybe—so I just I throw that out there. MS. SAKO: Yeah. MR. RICHARDS: Thanks, Chair. I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, I just would like to thank the Director General again for this generous donation. Much needed masks for Hawaii County. So all those in favor of filing Communication 983, please say "aye." Vote on Comm. 983: The motion to close file on Comm. 983 was carried by the Filed following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. CHR. DAVID: Moving on, Mr. Clerk, to Order of Resolutions. Resolution 677-20. Page 6 FC-35 July 7,2020 ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions: Res. 677-20: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LAND AND CONSERVATION EASEMENT FOR THE PROPERTY IDENTIFIED AS TAX MAP KEYS 7-9-001; 013; 014; AND 015 IN THE AHUPUA`A OF KAUMOO, DISTRICT OF SOUTH KONA KEAUHOU 1 AND 2, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED) The County seeks to acquire the properties in whole or conservation easements to preserve rare Hawaiian dry forests, historic cultural sites, and protect native endangered species. The parcels were listed as the second highest priority for purchase in the 2019 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 984 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to recommend adoption of Res. 677-20. Seconded by Ms. Eoff. CHR. DAVID: Go ahead, Ms. Villegas. MS. VILLEGAS: Aloha. Thank you everyone for being here today. I believe we Hamana Ventura in chambers, here in Kona. Oh, I've got a shaka from Aaron. Great. Fantastic. And so we have the Lee `ohana here, as well? MS. POINDEXTER: They're in Hilo. MS. VILLEGAS: Okay, fantastic. If I could go ahead call them up to the table? (Note: At this time, Mr. Wade Lee and Mr. Justin Lee, owners of Haloa `Rina came forward to address the members of the Committee.) I just want to start off by recognizing that I had the privilege of visiting this propertyboy, the months have all started to blend but I believe it was late in 2019. Navigating the pathway to this forest were like traveling through time. The phenomenal job that this `ohana and his business has done with identifying a resource that was on the verge of being lost, and putting so many phenomenal resources behind re-establishing this forest. The science, the technology, and the products that are being created there as well as the reforestation that helps the ecosystems. Driving through that forest, listening to the birds, looking at the native species. Recognizing and really having an appreciation for the transition in the weather patterns, and the rain that's being restored there as the trees return to a healthy Page 7 FC-35 July 7,2020 status, and how they all interact with one another. I was just tremendously impressed and super grateful for that personal experience there. And really feel that this is a phenomenal opportunity for a collaborative investment by the County, and a partnership with a project that's really what I'm hoping will be replicable, especially as we look at conservation corps, potential work for our island and our State. I think that this is a model that we can look to for an example on how to perpetuate that. And I believe see the back of Wade Lee's head there? And is that Justin Lee? Okay. Okay, hi guys. I just wanted to invite you to say something if you'd care to share a little bit about your vision and your experience. I think that most of us, in today's day and age, unfortunately, have never had the opportunity to walk through a thriving native forest that represents the variety of species that are prevalent on this property. MR. JUSTIN LEE: Aloha. My name is Justine Lee, and I'm here with my father, Wade Lee, in representation of Haloa `Rina. And just to reiterate or kind of echo what Rebecca was saying, is that Haloa `Rina is a really, really special place, and it truly is. You know, we've got well over a million new native Hawaiian trees since the purchase in 2009 or 2010, I apologize. And the really, really cool thing is I was a firefighter for about eight years and, you know, it's awesome to be a part of the help that is needed right now. You know, when someone calls 9-1-1, they tell about, "We need help right now. Can you help us out right now?" And taking a step back and sounding it cheesy, but with two little ones, a one-year old and a three-year old, it's awesome to be a part of a project and a family kuleana that is just more than just for me and more than just for my kids but for the island's kids. And hopefully, be an educational classroom for the people of not just of Hawaii but of the world, to come back and see what proper management can look like, by using sustainable forest resources to really get a return for everybody to learn from. You know, we invite everybody up to check it out, because it really is a special place. And you can't—you can read about it, you can hear about it, but it's one thing to really see it and have it take your breath away. MS. VILLEGAS: Thank you, Justin. Just a quick question. I was trying to find the photo that I took. Because as you walk into the cabin on the property, there is a very simple white piece of paper that must have been used in a meeting when they were visioning for the property. And can youI was trying to find the picture because it was such a great reflection of the mission and the vision for the definition of Haloa `Rina. MR. JUSTIN LEE: You put me on the spot. Yeah, simply what Rebecca is referring to is we had a strap-meeting before I was a part of it. It was with my dad and his previous business owners. And the strap-meeting was three days long, Page 8 FC-35 July 7,2020 strapped up in the middle of Haloa `Rina, We couldn't go long. But what it means, the gist of our mission, and what we got out of there is we want to be an educational background, an educational organization that's, you know,pushed by sustainability in economics, forest, and culturally sustainable, And that just means, doing what's right for the forest so that it's there forever, and harvesting being there sustainably so that future generations can also enjoy what the hard work and that my dad and the Lee `ohana is doing up there. MS. VILLEGAS: Thank you. That's what I got out of it. And it really resonated with me, in alignment with a quote that I cherish, which is, "He Ike Ana Ia I Ka Pono,"to see the right thing to do and to do it. You guys have incorporated culture, ecosystem, environment, sustainability, all these different factors that are going to be, and continue to be and have always been pivotal to the health and well-being, not only of our lands and our forest but also of our people, so thank you for that. I really appreciate it. MR. WADE LEE: I just want to add a little. My name is Wade Lee, and I am the owner of Haloa `Rina. And part of our mission is, like Justin said, "Education." And this particular property, right now, is zoned Ag-20, so it's able to be subdivided. And as you can all see, why my white hair and my bald top, I'm not going to be here forever. And part of the family's legacy is that we would like to ensure that this particular 3,000 acres does not revert back to a cattle-ranch as it was 150 years long, before we owned it. This particular lands, our Kamamalu lands. We are directly lineage from Victoria Kamamalu. So this land was bought from the Kingdom of Hawaii by the Greenwells in 1853. The family got together and formed a hui. Bought the land back in 2009, and I'm trying to take it back to pre-acquisition. We now have about-70 percent of the property is under Native Hawaiian canopy. It is all dryland native forest. And the tropical Hawaiian dryland native forest is the rarest ecosystem on earth. One of our big drives is that, as people have testified already, this is a part of Hawaii that even Hawaiians don't get to see. And part of our mission is to ensure that we have people come up and learn. Whether that be sitting under the koa tree or planting a seeding of`iliahi, or just to hear the makani blow through the forest, with the spirits coming through here. That's why our name Haloa `Rina is the "Long spirit of the land,"yeah. So we are taking out a conservation easement on that property and have been working with the Federal Government, the State Government, and the County, as well. Both the Federal and the State Governments would like to limit access because they are afraid that people coming up there will endanger the ecosystem that is there. It is our strong belief that without the people being part of that forest, it is not a native forest. So we want to ensure that as we go through this easement process the County and the people of Hawaii have access to this place. And that's why we've come before PONC (Public Access, Open Space , and Page 9 FC-35 July 7,2020 Natural Preservation Commission). And we got ranked very high. It's to allow people to just come and experience that. These kinds of forests, you cannot have access to. But for—very few spaces on the island. But this will also ensure watershed, carbon dioxide consumption, oxygen production, and all the wonderful environmental issues that we deal with as well, too. When we bought the property back in 2009, I had five neighbors. I now have 42 because the land all around us is getting subdivided. We actually have a permit in place with the Planning Commission for a lodge, right down the road from me, for 40 units. I'm just concerned that we will lose this kind of open space that people can enjoy for eternity if we don't move. So, I want to thank you all for participating in this project. MS. VILLEGAS: Thank you, Mr. Lee. I appreciate you sharing that with a broader perspective and vision for the property. And with that, I yield, if there's other comments from my colleagues. CHR. DAVID: Thank you, Ms. Villegas. MR. CHUNG: Maile? CHR. DAVID: Yes, Mr. Chung? Go ahead, Chair Chung. MR. CHUNG: Yes, thank you. And, you know, of course I support this whole heartedly. And thank you very much for coming, the two of you; and thanks for all you do and what you guys are going to be doing, moving forward. I just have a question. And this is like a really minor thing, but I want to make sure that we're dotting our is and crossing our t's, moving forward. And it only dawned upon me when our Deputy County Clerk was reading the agenda item. What is the ahupua`a name? MR. WADE LEE: We are right on the border, between Ahupua`a 1Keauhou 1 and Keauhou 2. So originally, during the mahele, it was all Keauhou. And then it was divided later because that was our huge that was bigger than the Island of O`ahu. So right now, the line goes up, it's along the Lupea trail, and it goes up through Kikiae`ae. Kikiae`ae is on our property. And Kikiae`ae is a landmark and cultural history. In the mauka trail, coming from Ka`u, King's Trail comes through Kikiae`ae; which refers to the lauhala backpack the Hawaiians used to wear. And there's a couple of sleeping caves there, as they were headed over to Umi Temple, where Chief Umi decided that was the piko of the island. So, that trail comes right across. But that's where the two ahupua`as are. So in between District 6 and 7. Page 10 FC-35 July 7,2020 MR. CHUNG: And the reason why I asked, and that was so interesting what you just said, but Deputy County Clerk pronounced the ahupua`a as Kuamo`o, and what we have on—and that's also on Ms. Villegas's transmittal. There's two references to Kuamo`o, but yet on our agenda and on the resolution itself it says, "Kaumoo." So I just wanted to know which one was correct. Because we've got to get that I mean, if our resolution is incorrect,we've got to change it before it hits the Council floor. But if it's correct then no problem. MR. WADE LEE: Yeah, if you give me a chance to do a little bit history,just to make sure that we're correct? MR. CHUNG: Okay. MR. WADE LEE: I have a pretty good idea. But I want to make sure,just like you do. MR. CHUNG: Okay. MR. WADE LEE: Okay,just let Ms. Villegas know, you know, well in advance of our next Council meeting, and then we're good to go, yeah. MS. VILLEGAS: Thank you, Chair Chung, for pointing that out. MR. CHUNG: But thank you. Thank you. I mean, I just heard that when the Clerk was, you know, talking, I mean, mentioning this. But thank you. CHR. DAVID: Thank you, Chair Chung, for your sharp eye. Thank you. Anyone else? MR. KANEALI`I-KLEINFELDER: Chair? CHR. DAVID: Oh, go ahead, Mr. Kaneali`i-Kleinfelder. MS. DAVID: I just want to take a minute to appreciate you guys coming in today and thank you for what you're doing. We do lose a lot of forest to development. And your ability to put 3,000 acres—is that right, 3,000 acres? Twenty-eight. Close enough. We'll call it 3,000. 3,000 acres into a protective status so that our kids can enjoy itis wonderful. I just want to say mahalo for that. Just this weekend I was planting trees with my kids, and they're asking me what am I planting and why I'm planting it. And I looked at them, and I said, "It's not for me, it's for you." And he just blankly stared at me. My son, he's 16, yeah, but they don't quite understand, is when we're planting these trees, we're not doing it for ourselves, we're doing for keiki going forward. Page 11 FC-35 July 7,2020 So thank you for having the foresight to do this and to protect it, knowing what's happening around your property. So I wholeheartedly support this and any other projects like this moving forward. So mahalo for your time. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? MS. LEE LOY: Yes, Chair, please. CHR. DAVID: I'm sorry. Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you. And I, too, I want to thank the Lee `ohana. When I started this work four years ago, I really pushed on the PONC Commission to really start looking at our mauka lands as far as protection of our watersheds. And this is one of the first and I'm so excited. We've used this particular commission and the use of our Open Space Fund for a lot of our protection on our makai lands. And I'm just thrilled that we are actually now looking mauka to protect our watersheds. Providing that native forest, that really does a lot of the recharge for our aquafer, with the fog drip, and that is the most critical resource that we have as an island. So I cannot thank you folks enough for really thinking about that larger ecosystem as it relates to our aquifers and the protection of our watersheds. So mahalo nui. I reallyI will be supporting this wholeheartedly. Thank you. CHR. DAVID: Thank you, Ms. Lee Loy. Ms. Eoff, go ahead. MS. EOFF: Thank you, Madam Chair. I was actually going to say almost the same thing that Ms. Lee Loy just said. But this does—first of all, thank you to the families; and thank you, Ms. Villegas, for following through on this. But I, too, feel that this is a very great use of the Public Access, Open Space Fund. It shows what diverse opportunities we have here on the island to protect open space. But it's true, we focused a lot on coastal property, so this is really great to see a forested area being protected in this way. Especially good with today's agenda item, sort of consistent. So mahalo everybody. CHR. DAVID: Mahalo, Ms. Eoff. Anyone else, in Hilo? MS. POINDEXTER: Yes. Chair? CHR. DAVID: Go ahead, Ms. Poindexter. MS. POINDEXTER: Yeah, I just wanted to thank Council Member Villegas for bringing this forward and for being able to get up to their property. Because I think I rescheduled I don't know how many times. I still need to be there. But it's easier to get to your house in Honoka`a, yours. But I really appreciate all that you're doing, you know, to protect our entire island. You know, we'reI think we're the only island left that has the Page 12 FC-35 July 7,2020 opportunity to protect our watersheds. And you're doing a fabulous job. And kind of ties in to the bill that we'll be hearing next so nicely. So I appreciate all that you do, your entire family. It's not just even with the forestry, but with what your other son is doing with food sustainability, as well. So, my hats off. I am so grateful for, you know, the Lee `ohana. Thank you. And I've got to mention, and your wife in healthcare. So it has all about health and wellbeing, so thank you. Thank you very much. CHR. DAVID: Thank you, Ms. Poindexter. Anyone else on the Hilo side? MR. RICHARDS: Yeah, Chair? CHR. DAVID: Go ahead, Mr. Richards. MR. RICHARDS: Yeah, thank you. I have to agree with Council Women Lee Loy and Poindexter. I guess I won't reiterate everything. Knowing those mauka lands quite well. This is the right direction. I agree it ties into the next bill that's coming before us. I've worked those lands for many, many years. And the paradox that we have is we haven't looked at forestry the right way, I don't think, but I think we actually are starting to look at it the right way now. And so I think there's a way forward with this. Like I said, I've known these landsI don't know these specific lands, but I've known these for quite awhile. I like the direction of how this is going, And I appreciate the thought-process, to take this, and it's a great segue into the next bill, about forestry. Because what Council Woman mentioned, we've used these PONC funds makai. We weren't looking mauka. And so, this is the start of looking mauka. Because I think probably better to look mauka because that will take care of more things, better for the County and for the State as a whole. So, Chair, with that, I yield. CHR. DAVID: Thank you, Mr. Richards. Ms. Villegas, go ahead. MS. VILLEGAS: Aloha. I just want to mahalo again and recognize the serendipitous, and I would even call auspicious presentation of this resolution at this time, when we're also then going to be taking a look at a bill that dedicates categories for preservation and restoration of forest. I'm extremely greatlful to even get to play a small part in this project coming to fruition. I echo my counterparts on the Council in recognizing the uniqueness and the necessity for us to identify mauka lands. You know, with the PONC funds, it can be a real challenge to have you know, we have the funds now; but to have the willing seller, to have it on the list, to have approval from the Mayor and the administration. And everything has really come together for this project, to come to fruition, and I'm extremely grateful for that. Page 13 FC-35 July 7,2020 I also was just thinking about that visit to the property, and going to the furthest mauka peak, I believe, where you guys drove me to, where was an old redwood water tank that has since come down. But one of the conversations we had was about a location there that is actually the piko of the island. And correct me if I'm wrong, Wade or Justin, but that there is actually a location, it's not necessarily on the property, it's within a reasonable proximity, of where actually it's the center of our island. And to me that just was incredibly impactful as we look for ways, and means, and opportunities to continue to connect our island in all of our efforts to manage our resources and benefit our communities as a whole island-wide. So I just was really profoundly impacted. I didn't know that place existed. Someday I hope to get back up there and actually get to that piko spot. So thank you again. Really, really grateful for your vision,your collaboration, and your connection to the preservation on the perpetuation of our forest, and native lifestyle, and native resources. Mahalo. CHR. DAVID: Mahalo, Ms. Villegas. MS. KIERKIEWICZ: Chair David? CHR. DAVID: Anyone else? Yes? Is that Ms. Kierkiewicz? MS. KIERKIEWICZ: Yes, it is. CHR. DAVID: Alright. Go ahead. MS. KIERKIEWICZ: Thank you. And I want to thank Justin, Uncle Wade, for just your family's efforts. Long time, you know,protecting this area, being stewards of the land. It's not lost on me, when you said that when you acquired it in 2010, that you planted, did you say one million new native trees? That's significant. I think that it aligns very nicely with the bill that Council Member Poindexter is putting forward. You guys are the model. Right, you are the model to, you know,preserve, restore our native forests. So thank you for paving the way. You know, I'm just curious. I appreciate the open-invitation for any of us to come visit you and check out this land, and I certainly want to take you up on that and check out this land, and I certainly want to take you up on that. You know, what is your interaction with community? You know, you talked about and sharing that this can be a place for people to experience what Old Hawaii was like. And so I'm just really curious about what that public engagement, educational component looks like. MR. WADE LEE: We have several outreach programs that are going on now. One of them is with the schools. So we've had Konawaena, Waiakea, Kamehameha Schools. We've also had the Boy Scouts up there. We've almost Page 14 FC-35 July 7,2020 all of the halaus on the island. Especially with the reduction of utilizing the 6hi`a in the haku leis, we have phenomenal amounts of`a`ali`i, which can be replaced and get the same kind of a vibe for the Merrie Monarch and those kind of things. So all the halaus are familiar with the property We've also—we do groups on the property. So the largest group we've had—so much now it is 500 people in one day, and you get fed lunch, and you plant trees, and you all of these things. And we charge nothing. We've also had the largest helicopter-lift in State history there. We had 360 people flying on 15 helicopters. Going roundtrip from Kona Airport to the property, dropped off and then plant trees and do those kinds of activities, as well. One of the things that was brought to our attention as we were going through this process of getting a conservation easement on the property, is the Federal and State Government, as I referred to earlier, are really looking to limit the amount of access that people have. But if you don't educate people, and that's why education is such a big part of what we do. They will never know. They will never have access. And then it's just a bunch of these conservationists out there, and who knows what the heck they're doing? To me, if you do the Forest Stewardship Program, the people don't even have a right to know what the government—what your tax dollars went to pay for. You know, I would much rather, and I believe Justin in the same boat and he can refer to this, is to work with the local group like this. And I don't care, you guys can share our Forest Management Plan. You can show the people so that they get a better understanding of how the watershed is replaced. When we bought the property, we were averaging 18 inches of rain a year up there. We now have 35, you know, and that's simply because the rainfall of the forest. As the water transpires through the leaves, especially at that elevation, it only goes up 500 feet. It's a cloud. So if you look mauka in the morning, it's nice and clear. And by 10:00 in the morning, you got clouds. That didn't blow in from the ocean. That came from the trees. You know, so the whole concept, I think, as Tim was pointing out, and I know most of his time is in Kohalas, it's the same thing. You know, it's the same ecosystem. But if you're not replenishing your water source at that elevation, at that level, your aquifer is going to dry. That's exactly what's happening on Oahu and Maui. All of them scream, and scream, and scream about their water. Well, if you took care of your forest—but the Ko`olaus were completely stripped by 1908 for cattle and for plantations. You know, the largest sandalwood trees in Hawaii were up in Wahiawa, and it was bulldozed to plant pineapple, you know. So now they have the same species in the Waianae Mountain Range, and they're trying to move them over and grow them. It's a subspecies. We've lost that forever. Page 15 FC-35 July 7,2020 The next bill that you're voting on, about the native forest, several people who testified were also very well-educated in the area. We need to preserve what we have left. We really do. We also work very closely with Kamehameha Schools. So they now have 5,000 acres adjoining to us, and we manage several thousand more past them. Because of our model, Kealakekua Ranch was just sold to Doterra, who is going to replant that 8,000 acres. And I think that within the next 15 or 20 years, we will see a continuous forest across the side of Mauna Loa that hasn't been there in the 150 years. How do you tell the people of Hawaii who pay two percent more on their property tax to go into the PONC money, "Oh, we get this land over there but you can't go see it?" That's kind of nuts. To me, I'm sorry, but that's what gives government a bad name. While we're trying to do good things here, we just keep getting shot, you know. You've got toI truly believe we have to open it. We—and it will stay that way as long as I'm alive, and I know as long as Justin is alive too. MR. JUSTIN LEE: And to relate what my dad was saying, Well, you know, right now I'm the middle of three boys, you know. I've got two kids, my brother's got four, my younger brother's got three, so there's nine kids. The next generation, if they have all have two, it's got 18. All of a sudden, two generations away, you have 18 heads deciding on what's going to happen with the land. You know, if one of those 18 heads are like, "I need my share because I've got to buy one new car,"you know, all of a sudden he wants to get bought out, and so and so, and all of a sudden pieces of property are sold. So if we can keep it as one continuous property, as one land with this easement and have that forever, we take that option out of the equation to ensure that it's always there. To ensure the forest will always be there. And to allow the public access, like you were saying, is allowing you know, right now, what we are doing with the schools, and with the kumus, and we have different classes set up therewe were before COVID. At least twice a month, we would have people coming up and just to walk through the forest. You know, that's the plan and that's the goal, is to continue that moving forward. MS. KIERKIEWICZ: Thank you for sharing that. I mean, you folks are doing really phenomenal things, and I love that it's based in `aina aloha economics. Right, triple bottom-line driven. You can be a successful business and still people and planet, you know, top-of-line, high-priority. You know, when you talked about engaging schools and kids, you know,just putting it out there, I'm also calling other folks, like Kamehameha Schools, to see how we can further support our kids as they go back to school. DOE(Department of Education) is looking at that blended learning model, where it's just a few days in the classroom, and then parents are left to decide, "What am I suppose to do Page 16 FC-35 July 7,2020 with my kids?" You know, we want to restart the economy, but we can't do that if kids aren't in school or they don't have childcare. So I just—you know, I see potential partnership opportunity for kids to get outside of the classroom and into spaces like the land that you are caretaking, and really experience the `aina. So just putting it out there. I think maybe some natural partnerships down the road to kind of support this additional learning to build resilience in our kids. MR. JUSTIN LEE: For sure, get them out of the school. But the classroom never ends. MS. KIERKIEWICZ: Yes. MR. JUSTIN LEE: You know, that's the beautiful thing about the Big Island, is there's always someplace to learn as long as you've got the right guidance there. MS. KIERKIEWICZ: Absolutely. MR. WADE LEE: And I just want to say, I spent 21 years in the DOE, so I am very familiar with education. And it was always because I was a science a math teacher, getting them outside because numbers and pictures just don't do it justice. And more recently, it's been harder and harder to get the children out. And I think, if we're going to look at this COVID thing as a glass half full, absolutely, there's a lot of education that can occur in the outdoors. It just has to be managed correctly. And keeping everybody separate, keeping mask on, that's not an issue when you're out in the middle of a forest, it's pretty easy to do, yeah. MS. KIERKIEWICZ: Awesome. Great to hear. Thanks, Uncle Wade. Thank you, Justin. Chair, I yield. I appreciate the time. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? MR. RICHARDS: Chair, this is Richards. Just really quick. CHR. DAVID: Alright. Mr. Richards, go ahead. And then, Mr. Kaneali`i- Kleinfelder, you're next. MR. RICHARDS: Yeah,just a comment on keeping open. Meaning, if we don't show people something, it really doesn't matter if there's or not because there's no appreciation. So I totally appreciate that attitude. I yield. CHR. DAVID: Thank you, Mr. Richards. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. You know, you guys areI forgot to ask some really basic questions. What are you guys planting besides `iliahi, koa, `ohi`a? Page 17 FC-35 July 7,2020 MR. JUSTIN LEE: We've got 16 different. So we've got h6awa, `a`ali`i. We have `aweoweo, pukiawe, uleule, maile, `6hi`a, naio, `ilima. What else do we have, walking around up there? Uk6a, of course, and the `iliahi. I know there's two others that I'm missing, that I always forget. The one that looks like the aspen tree. But we're trying to bring back the whole forest. You know, like what Ashley was saying, is that we're running a business. And our main business is harvesting the dead and dying sandalwood trees. And by harvesting a dying sandalwood tree, because it's a semi-parasitic tree, which means it cannot grow by itself. And that's why it's a great model. Whenever I take the kids out, there's like, you've got to be the `iliahi. You know, you cannot be the guy sitting in the middle of the pasture all by himself because you not going grow healthy. You've got to have support of the rest of the community around. And so the `iliahi, by taking out a dying `ililiahi tree, because it already got its hosts, the koa, the mamane, the naio, you get what's called suckling growth coming up. So each ones of those roots now need a perpetual bud. And so by harvesting one dying `iliahi tree, which we deemed has less than 50 percent of its canopy intact or having huge section of its bark missing, so allowing the fungus to get into the canopy layer, one of those trees can sprout up anywhere between three to forty new sandalwood trees. And then at that time, now we're planting host trees instead of sandalwood trees. And the average tree that we harvest is 61 years old. MR. KANEALI`I-KLEINFELDER: Wow. MR. JUSTIN LEE: So meaning yeah, and we not even planting them for my kids, we're planting for my kids' kids. You know, and we haven't even touched you know, the koa is not in our business plan. All the other trees aren't in there. But it's what we're planting in there so that we can attract the native Hawaiian birds back, coming back down from the mauka lands and stuff like that. And so what we're trying to do is bring back the forest that was there before you know, it'sI think it's impossible to get it back before human contact, but we can get it back before cattle, before it was fenced off and grazed pretty heavily. That's where the cattle and the absence of large ungulate, like the horses and the cows, that the new trees actually have a head-start once they're starting to really grow underneath. MR. KANEALI`I-KLEINFELDER: Thank you. MR. WADE LEE: So the plants that we're referring to, that Justin went through the list, all of those genetics we've got from the property. So we never bring in outside, even natives. All of our trees come from seeds that originated on that land, you know, because you never know what you're bringing in, yeah. Page 18 FC-35 July 7,2020 In Hawaii, we have six different species of `iliahi, yeah. There's only 18 in the world. The six we have in Hawaii are found in Hawaii and nowhere else on earth. This particular species is only found on the west side of the Big Island. It's Santalum paniculatum. But it grows very well there. We have sent some of our trees and our plants to other places in Hawaii, but we never allow genetics to come back on. So we're giving up two acres to the University of Hawaii. We'll be doing a seedbank with the genetics from that area that will be grown, specifically and fenced-off just for seeds for the State. Should there be a disease that happens somewhere else, these genetics will always be available there. You know, these forests are very fickle. Always full of micro-ecosystems. This idea that I can take a koa tree from Kauai and bring it over here and plant it in Waiakea Uka, we know that doesn't work. I've been in this business for a long time. And Tim can tell you it's been tried, it's been tried. So I just want to say that, yeah, we are very sensitive to what it is that we do there. And I truly believe with invasive species and stuff,just like the next bill that you guys will be referring to and all of the testimonies you've heard before, our biggest problem are invasives. You know, it's not people. It's invasives. MR. KANEALI`I-KLEINFELDER: You continue to impress me with every single answer you've given me so far. How many just, you know, we've talked about a lot of different projects just to better our economy, but how many different, I'm sorry not how many different, how many people do you have working on your property or within your company? Not your company, but your proj ect. MR. WADE LEE: Yeah, when we started off, and we originally started, we had 38. We are now we have 13 that are full-time employees, up there working on the project, working on the land. Part of our model for employment too, is that we pay a decent earning wage. No one has ever taken a draw out of the company. But what we also do is we supplement education. So right now, our conservation biologist is a Honoka`a boy named Tawn Speetjens. Tawn just graduated four years ago from the University of Hawai`i's Environmental Science Conservation Biology Program, and in August, he'll be headed to Purdue. So we're paying half of his tuition and we'll give him a half-time salary while he's going there so that he can finish his Masters program, come back. And again, keep with the publications of what it is that we're doing because just like not showing the people. Not showing the science community and business community the model that we are presenting is a dead-end road. We have to share this information, and we have to publicly put it out there in publications, in writing. So on our website, you will find a library that has a lot of scientific Page 19 FC-35 July 7,2020 documents that refer to what we are trying to do and where that information came from, from the science community, as well, yeah. So we are going down that road. The company that just bought next door came for a visit on our property several times, and then decided, "Well, we can do this," and bought the 8,000 acres next door. And they're replicating our model, except that they're going to do on a plantation. So they're—because the land is so bad, they're just ripping trenches and planting a forest, in terms of a plantation forest, yeah. Which is different than what we do, but it's the same thing and it's a lot better than leaving it just vacant land. MR. KANEALI`I-KLEINFELDER: Yeah. So not only preserving 3,000 acres for future generations, but you are providing 13 families with a living and even sending them to school. You're touching on sustainability in more ways than one, so mahalo. Thank you, Rebecca, for bringing this forward, and for doing your homework and for making this happen. And thank you too, gentlemen. I worked with Brandon. There was a program we did, from Kamehameha School, that the judgeI can't remember the name right now. Tim was there at the meeting. But yeah, amazing individual, amazing restaurant. And I like his—what does he call his hotdogs? What is his hotdogs called? MR. WADE LEE: I don't know. But he's also now the head of our marketing department because he is very intelligent, very aggressive. MR. KANEALI`I-KLEINFELDER: He is. He is. MR. WADE LEE: He is. But yeah, he won the mahi `ai contest. That's the 20 acres, yeah? MR. KANEALI`I-KLEINFELDER: That's the one. That's the one, yeah, yeah, yeah. Thank you. You did a wonderful job, dad, and keep up the good work. Mahalo. CHR. DAVID: Mahalo, Mr. Kaneali`i-Kleinfelder. Anyone else in Hilo before we close this? No? Alright, Mr. Lee and Mr. Lee, I real lylistening to everyone express their thanks to you folks, your `ohana for taking on this very necessary and long-overdue vision for Hawaii Island. And what you've explained in your intentions not for just today but for the future, I'm very impressed. I'd like to just mention the fact that you noted that—some comment about PONC purchases, Open Space purchases, people commenting that they would not be able to see if we purchase property in the mauka land. But what they will see, from your efforts and hopefully more like you, they will realize what they will see is our island becoming—going back to what it used to be, a thriving island with resources that are not strained. Page 20 FC-35 July 7,2020 Before cattle, I was probably—when I was a child, but in Kona where I was raised, I could go a drive through the mauka lands and all the way to Ka`u, and the forest was very lush, and now, every time I go to my district in Ka`u, I see the dry `6hi`a trees which not too long ago were very thriving. So I appreciate what you're doing, and I really think that you are taking this island to a place where unfortunately, this whole COVID situation made a lot f us realize we have to get back to basics and preserve our culture and our resources. That's the only way we will survive. So I really applaud what you're doing. It just fills my heart with happiness, and I wish I could do more. And the only regret I have is that I missed my first opportunity to do a site visit, but there's still time. I'd love to do a site visit to your beautiful place. So with that, Council Members, thank you for all your comments. And a big mahalo to you, Ms. Villegas, for this purchase. I swear this must be the best purchase I've heard about in a long time, because the benefits will be so far- reaching, much more than open space and a visual benefit. So thank you, Lee `ohana and everyone; and the Council Members for all of the words of support. And I will definitely support this. Council Members, all those in favor of approving Resolution 677-20, please say "aye." Vote on Res. 677-20: The motion to recommend adoption of Res. 677-20 was (Approved) carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. CHR. DAVID: We have a unanimous nine vote in favor of approving resolution. Mahalo for being here, gentlemen. And Mr. Clerk, can we go to Bills for Ordinances? Bill 178,please. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Page 21 FC-35 July 7,2020 Bill 178: AMENDS CHAPTER 19, ARTICLE 8, SECTION 19-59, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NATIVE FOREST DEDICATIONS Creates three native forest categories (native forests, functional forests, and successional forests), and establishes a dedication process for forest preservation and restoration. Reference: Comm. 988 Intr. by: Ms. Poindexter ;and Comm. 988.1: From Council Member Valerie T. Poindexter, dated June 18, 2020, transmitting a PowerPoint presentation to be presented by Leslie Cole-Brooks, Attorney at Law and Lisa Miura, Real Property Tax Administrator. Motion to Approve: Ms. Poindexter moved to recommend passage of Bill 178. Seconded by Mr. Richards. CHR. DAVID: Go right ahead. MS. POINDEXTER: Thank you, Madam Chair. You know, from—I just want to bring up how this kind of like started with me. In 2017, you know, I had Connie Fey, of Ahualoa, come in because—and I see Lisa over there kind of giggling because we know we went through but she was working with DLNR (Department of Land Natural Resources) and the Department of Forest and Wildlife. She had permits for rare plants, and she wanted us to work on a classification for conservation land of rare native plants. And so, we met with Lisa; and Connie working with Keita Jo. We basically—we couldn't develop anything at that point, so I was a little discouraged. And all of a sudden, I swear not even three weeks later I get a call from a person named Leslie Cole-Brooks, who my staff said, "Oh, she wants to talk about native forest." I go, "Oh, my God, we just went through this whole thing with Connie Fey," and we really didn't get anywhere. So we met with Leslie, and it was just amazing. I mean, she's an environmental lawyer, and can't get any better than that. I called Lisa back and said, "Hey, can we have another meeting about forestry?" I can only imagine what was going through her head because of what we just had recently gone through. As it turns out, Leslie was just willing to commit so much of her time. I mean, this took so much time because she literally wrote this bill and the amendments. I just I wish there were a way that we could even put her name on the bill, you know, because basically you, Leslie, you gave a way for people to be able to move forward, not only for their sake. Because it's hard work, it's going to take a commitment from these landowners. Sothis bill is not just about money, but the County will be investing at the start, this $12,000, which I see as a great Page 22 FC-35 July 7,2020 opportunity for us to also be addressing the global warming issues. So the $12,000 is like our County's way of saying, "Hey,this is how we're going to contribute to this and how we can protect our island." We just heard from the Lee `ohana the value of native forests. You know, one of the testifiers had stated, you know, "We will be a leader in the nation for forest restoration, and low investment with a high reward." So true, so true. And then Mr. Wade Lee said—he referred to the native forest as the rarest ecosystems on earth. So we can be a leader in the world. Like I said before, the investment of$12,000, it's just a way for us to address the environment and global warming. So to hook up with Leslie Cole Brooks you were the icing on the cake here, so I really, really appreciate all that you've done and continue to do. I have to say thank you too, to LRB (Legislative Research Branch). Because Donna at LRB kind of brought us back to focus, because it was kind busy the way it was first written and for a regular layperson it was confusing. So Donna in a way kind of forced us toI would say Leslie to rewrite it in a way that it came even better. So it took a lot of teamwork. I mean, Leslie had an opportunity to meet with a lot of private landowners. Kamehameha Schools, Parker Ranch, I mean, even was able to meet with Council Member Richards, because you guys had, I guess, a friend that—in Nature Conservancy, I think. So he recommended meeting with Tim. So he briefly met, early on. But again,just thank you so much for working on this and making this possible for Hawaii Island, and the world, I would say, because you are making an impact because we will be that model that people are looking at. So I would ask that before any of the Council Members chime in, I would want to have Leslie Cole Brooks present and Lisa present, and then we can open it up. Is that okay, Madam Chair? CHR. DAVID: Thank you, Ms. Poindexter. Are we ready for the presentation, or the PowerPoint, or questions? MS. POINDEXTER: Yes. CHR. DAVID: Alright, then go right ahead. (Note: At this time, Real Property Tax Administrator Lisa Miura and Ms. Leslie Cole Brooks came forward to address the members of the Committee.) MS. MIURA: Okay, thank you. My name is Lisa Miura. I'm with the Real Property Tax; I'm the administrator. I'd like to thank the Council for letting us Page 23 FC-35 July 7,2020 continue on. We still do have testifiers that testified in support of this bill here, waiting anxiously to see how this is going to turn out. The Real Property Tax Review Working Group did occur for two years, and out of that was a presentation that the group had requested by experts in the native forest field. We had Susan Cordell and Becky Ostertag, who testified earlier, come and speak to us. Through that, it was recommended by the group that there was more guidance provided to the Real Property Tax Office in how to improve and incentivize the Native Forest Program, and to encourage it on this island. As you know, recommendations and plans are made often at the County and sometimes they sit on shelves and don't go anywhere else, and it was really hard for even Real Property Tax to take this to the next step. When Leslie contacted Val to work on this, she did spend a considerable amount of time working with everybody that everybody suggested that she talk to. And some people were not experts in native forestry, and she had to sit there and meet with them anyway and siphon through it. I think the hardest part about most bills, especially relating to native forest, is realizing owners do spend a considerable amount of money with no return being made on it. You're not going to be able to sell fruit from this. You're not going to be able to make money, and yet it costs a lot of money and time to do native forestry. From the Real Property Tax and government side, we're always concerned about the loopholes. We've seen what loopholes have done in our agricultural program, and so that was a constant challenge for Leslie as she worked through this. I would also be remiss to say or not to point out that we have had had an intern assisting the Real Property Tax Office, as well. None of us are experts in native forestry or agriculture. And Sebastian Wells also did a testimony earlier, and he's been an amazing intern at guiding us through, identifying species, and helping us. We're hopeful, if this program does go through, he can take the program to the next step because it's a very short timeframe and we don't have additional staff to do that, so that's where Sebastian plays a huge role in this. As you heard earlier, they were looking at this as a being private-public partnership, which we all talk a lot about, but we don't necessarily actually take forward to the next step. So the County does have to invest a little bit of money, but really the taxpayers and the owners of the land put up all the money and the time. Right now to convert over, if this passes, we would lower our taxes by about$12,000. So that's the only thing to consider at this time. Alright, and with that, I'll have Leslie continue on with her presentation. CHR. DAVID: Thank you very much. Go ahead. Page 24 FC-35 July 7,2020 MS. COLE-BROOKS: Thank you, Lisa. Good morning, Chair and members of the Council. I feel like everyone's already very well versed in native forest. This is like this is a good day for native forests. So it was a perfect timing, which kind of describes this whole bill, really. I'm going to do a very brief presentation,just to kind of touch on the changes that have been made that will help you with the testimony that you've already heard. (Note: At this time, Ms. Leslie Cole Brooks provided a PowerPoint presentation to the members of the Committee. For viewing of subject presentation, see the DVD copy of the meeting proceedings on file in the Clerk's Office. A copy of the PowerPoint presentation is made a part of the record, see Comm. 988.1.) MS. COLE-BROOKS: Well, thank you. That's all I had. I promised it would be short. So Becky and Susan, and I believe Dr. Ostertag and Dr. Cordell are waiting outside—if you have questions about the native forest dedications. At least they hear of course. Don't talk, so thank you so much. CHR. DAVID: Thank you so much for that presentation; and also, Director Miura. Council Members, do we have questions on that end? Ms. Poindexter, I believe you still have the floor. MS. POINDEXTER: Yeah, I do, but I'd love to hear from the other Council Members. Thank you. Thank you, Chair. CHR. DAVID: Thank you. Other Council Members wish to speak in Hilo? MR. KANEALI`I-KLEINFELDER: Chair? CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. This really does go hand-in-hand of what we just talked about. It's amazing. I'm really actually proud of this Council for going this direction. For so much of the first part of our term, we'd be—we okayed development after development and discussed how we built those developments out and what we require. But this really goes the other direction and says, "How can we better for future generations?" I think, my question first would be to Lisa. So, I mean, I read through this but there's no clear visual as far as, what does someone potentially save if they were to dedicate, as this bill kind of lays out? MS. MIURA: It really depends what their market value of the property are and what they're currently paying now, so it could depend. And if you were just in a category where you're paying an agricultural rate,you could be on Hamakua paying $1,800 in taxes. But if you go to this, so you would be a lot less. It would be down in minimum tax, which is the $200. Page 25 FC-35 July 7,2020 MR. KANEALI`I-KLEINFELDER: Wow. MS. MIURA: But if somebody is in pasture, and that's currently what we're seeing, people are trying to convert from pasture over to native forest, they're unable to do so because they don't have the right—they're not fully doing native forest yet, or they don't' have enough canopy cover, or they haven't dealt with all the invasive. There's no middle-ground for them to come in. Like they were saying, there's no functional forest, there's no way to get into it. So then we would take them out of pasture if they started getting rid of the animals and then converting over. And that's been the biggest gripe from the public, is we want to go ahead and move to this area because we're no longer to do pasture for whatever reason, and now you're charging us market value, we can't even afford to maintain it. So they'll go back to pasture or they'll do orchards or something else, that they really didn't want to do. And so if they went from pasture to native forest, they're not saving along of money. It's more of a, from what I gathered, a show of support. Because right now the native forest is the same price of the lowest pasture category, and so they're paying the pasture rate. So whether you're doing native forest or pasture, it's the same thing. And so people you're going to have two sides for every story, but that's pretty much. You're not going to save a whole but it's symbolic, I guess, to say that you would be lower. Unless you have a ton of acreage, then it could make a significant difference. But if we converted everybody right now, this only saves $12,000 from everybody currently in native forest. So we're hoping people that want—that really have the goal of doing native forest would commit to the 20-year dedication. MR. KANEALI`I-KLEINFELDER: Yeah, I mean, that would be goal. That's how we get to where need to be. MS. MIURA: Correct. MR. KANEALI`I-KLEINFELDER: I spent along of time in Ravine Forest in California growing up, and I loved it. And coming here, we moved to Ola`a which has a beautiful forest, which is up in the Volcano area, if you're aware. I'm sure you must be aware. This is actually an option for me, looking at this. I would actually be able to qualify because most of the five acres that we have that does qualify? You have to have five acres, yes? MS. COLE-BROOKS: 2.75. MR. KANEALI`I-KLEINFELDER: Yeah, 2.75. We're good. Okay,just making sure. But that allows people to preserve the forest. Like we discussed earlier when we were talking about our kids' kids. Kids, kids, kids, kids, down the line, if we can start setting up incentives taxwise for them to take advantage of Page 26 FC-35 July 7,2020 the decisions that we make. Beautiful. So, well done. Well done putting this together. MS. COLE-BROOKS: I grew up in Sonoma County. I see the Redwood Empire. MR. KANEALI`I-KLEINFELDER: Yes, yes. MS. COLE-BROOKS: Yeah, right. MR. KANEALI`I-KLEINFELDER: Well, I lived down by MS. COLE-BROOKS: So I have a lot of trees in my background. MR. KANEALI`I-KLEINFELDER: Yeah, I lived in Pescadero for a little while. MS. COLE-BROOKS: Okay. MR. KANEALI`I-KLEINFELDER: And behind that, in Laramore, was just miles and miles of redwood forest, all in—gorgeous. So we need to preserve as much forest as we can. So I appreciate this. Good job. This is nice. Thank you. MS. COLE-BROOKS: Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else in Hilo? MR. CHUNG: Oh yeah, me. CHR. DAVID: Mr. Chung. Chair Chung, go ahead. MR. CHUNG: Thank you. Good morning, you two. MS. COLE-BROOKS: Good morning. MR. CHUNG: Thank you very much for all your good work on this. And, you know, for that primer on, you know, what this legislation is all about. It kind of gives me a good background in going forward. Of course, I'm going to defer to you guys right now because in great minds than mine, I've put a lot of effort into this. MS. COLE-BROOKS: Yeah. MR. CHUNG: Yeah, but you know, I will be taking a look at it. But, you know, I'm kind of wondering, how did you guys come up with the 2.75 acres? I mean, that's kind of interesting, not 2, not 3, not 2.5. 2.75? MS. MIURA: We take no blame for that. That was done by County Council many years ago. Page 27 FC-35 July 7,2020 MR. CHUNG: Oh, okay. MS. MIURA: So that is a continuation. MR. CHUNG: So it was just— MR. ustMR. CHUNG: Right. MS. MIURA: So it's your predecessors. MR. CHUNG: Okay. Alright. MS. MIURA: We just kept that in there. MR. CHUNG: Okay. Yeah, yeah, I see. MS. MIURA: Because we're changing they're changing so many other parts. MR. CHUNG: Right. MS. MIURA: They kept that part consistent. MR. CHUNG: So it's just a vestige of something and they carried it over? MS. COLE-BROOKS: That's right. From the past, yeah. MR. CHUNG: It's kind of odd. Interesting, okay. And you know, talking about the melding of concepts between the first one that we handled, the previous measure and this one. I'm just thinking out loud, and I don't want to take up too much time. But, you know, I'm just wondering if it's possible, and we have two experts, maybe even three experts on the PONC over there in Kona but, you know, right now we're trying to provide incentives for private owners, right, to do stuff. And up until this time, we've always been trying to get really special lands wih PONC acquisitions. But why couldn't it be where we get cheap land, you know, up mauka lands throughout the island? Because right now my district really doesn't get too much of those PONC monies. Okay, they're usually out in Kona, Ka`u, wherever. But if we can start focusing on mauka, then we can start doing a concerted effort around the island to do reforestation, and it can be all done by volunteers. We've got Boy Scouts, Girl Scouts, community organizations, who can all take ownership in these things. So it's almost going to be like a value-added type of situation, right? You've got junk land, and you make them good, right? And over the course of many years, then you're going to have something really nice. Page 28 FC-35 July 7,2020 So, you know, I just wanted to throw that idea out to you folks. I know it's really germane to what we're talking about right now. But for now, you know, I support this measure anyway. Thank you for all your hard work. CHR. DAVID: Thank you, Chair Chung. Anyone else in Hilo? MS. LEE LOY: Yes, Chair. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Yes, thank you to both of you. This is really a fundamental foundational great piece of public policy, and I'm going to be supporting this whole-heartedly. And one thing I really appreciate about this bill, and one of the testifiers touched upon it, is that it's encouraging the behavior about the protection of our native forest. All too often we write policy that has a lot of sticks, and this one's got some really great carrots. So really, thank you for really putting together such a great piece of legislation. Thank you. CHR. DAVID: Thank you, Ms. Lee Loy. MS. KIERKIEWICZ: Chair? CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. And thanks to involved: Val, Leslie, your team, for working really hard on this legislation. You know, we think abut mitigating climate change,protecting watersheds,preventing soil erosion. It all, you know, stems from ensuring that we have a really healthy forest. So, thank you. I'm just looking through the ordinance, and something you said earlier, Lisa, in terms of timing and getting all the paperwork together. So I'm looking at page five, changing categories; filing that petition. Needs to be filed with the director by September 1st of—should everything pass. Are you looking at this year? MS. MIURA: So that's the deadline currently in the ordinance for the native forest. MS. KIERKIEWICZ: Okay. Right, and this will effect next year? It will give us time. MS. MIURA: It will take effect January 1st, 2021. Page 29 FC-35 July 7,2020 MS. KIERKIEWICZ: Okay. Okay, great. And so then you will continue to work with Sam Wells and others to kind of put all those documents together? MS. MIURA: Sebastian. Correct. MS. KIERKIEWICZ: Sebastian, I'm sorry. Sebastian, I got your name incorrect. My bad. And, you know, he mentioned earlier that he felt his role was really insignificant. I have to differ. I think when we have really clear information and materials and are simple in our communication to the public about what this, you know, this tool is, it's only going to encourage more people to take advantage of it. So I see his work is being very important. MS. MIURA: I agree. MS. KIERKIEWICZ: Thank you. MS. MIURA: He's done tremendous work. And we will have that online on our website so the public can see what is native. I mean, I think people in this field take it for granted because they're so passionate about it, that everybody understands and knows; but take it from me, who can barely tell one leaf from another, it is extremely important to see colored pictures with descriptions and information about it. So it will be posted on our website as it gets closer. MS. KIERKIEWICZ: And will this be like digitized, in the form of like a GIS (Geographical Information System) map? I'm thinking about Asia's amazing talent and her ability to create these maps so that public can see where this kind of work is happening. MS. MIURA: So you mean where the native forest is currently is? MS. KIERKIEWICZ: Is, and folks that are taking the leap in this direction. MS. MIURA: We could have that right now. The way our website is set up, it's just two very specific categories. But we are tracking it in our office. And we have GIS within our office. On the County side, it's there. We just don't have it posted online. MS. KIERKIEWICZ: Excellent. Great to know, thank you. Thank you, Leslie and others, through you hard work. MR. RICHARDS: Chair? CHR. DAVID: Go ahead, Mr. Richards. MR. RICHARDS: Okay, thank you. I think this is a long time coming. And I think, Lisa, you and I have had conversations about forest in the past. Thanks, everybody, for putting in. I especially like the functional forest. Having tried to Page 30 FC-35 July 7,2020 manage forests for decades, not having a spectrum to work from. It was all or nothing, and that just didn't work. And I completely agree, our biggest problem is invasives, and the work towards invasives is what we need to the number one problem in our forest today is ginger, without question. That's in our tropical, in our high-rainfall area. So, I think this is a way forward. Again, it's going to help out a lot. So thanks for it. I'm curious of how we're going to do the tax rate, but that's another conversation. Chair, I yield. MR. CHUNG: Maile? CHR. DAVID: Thank you. Chair Chung? MR. CHUNG: Yeah, I get one more comment. You know, I was reminded of this while I was eating that great pipi kaula that your son-in-law or somebody made, and Ms. Poindexter is the one who pointed it out to me. And then, you know, I just wanted to really thank Val for all of this. Because this is really how government is supposed to go. And I'm glad that Leslie had made that flowchart because it went from her, and then to Val, you know, and then utilizing resources, all the way around. You know, I just wanted to recognize that. And thank you, Val, that's really nice, yeah. CHR. DAVID: Thank you, Chair Chung. That is so appropriate and agreed. MS. POINDEXTER: Maile, can I just say one more thing before you close? CHR. DAVID: Oh, yeah. I was just going to go Kona first before I close. MS. POINDEXTER: Oh, okay. Go ahead. Go ahead. CHR. DAVID: Okay. Ms. Villegas, go ahead. MS. VILLEGAS: Aloha. And thank you everyone. What an exciting opportunity for us to transition to another paradigm and how we value land and incentivize property owners in their taking care of it and our stewardship of it. I especially want to thank Val for taking the time and the energy and the initiative to work so closely with the administration. And, Lisa, thank you so much. I am sure this took a lot of extra work in getting it there. And thank you for being willing to think outside box and follow this through to fruition. This is really—really grateful in this challenging time of perpetual crises and issues. It's really nice today to have so much good news coming through. So thank you for all your hard work and dedication getting this through. Mahalo. Page 31 FC-35 July 7,2020 CHR. DAVID: Mahalo, Ms. Villegas. Anyone else before we go back to Ms. Poindexter? Ms. Poindexter, go ahead. MS. POINDEXTER: Yeah, I just wanted to go back to something that Council Chair Aaron Chung stated about PONC. Because I do remember, when I first got into office, and I was wanting Finance Factors to be willing to sell us the land out in Hamakua side to protect it, you know. And I went to the Game Management Commission at the time, talking about, you know,protecting the public access for hunting. But this now, you know, building a native forest, it's just so much more to do. And there's so much land; so as Council Chair pointed out, we've got to start looking at the mauka lands, and so I'm hoping Finance Factors still has that. We have so much work ahead. And, Leslie, you have committed. You've taken a year off of your practice. Now, I'm sure attorneys get paid $200 plus an hour, you know. And here for a year, you committed this for our island. It's just amazing the amount of time, and time is money for you, that you gave up—and the commitment. I'm serious when I say, "I wish her name could be listed on that bill" and signed. But it will be on record, you know, that you were the one who came to us and made this happen. And there are a lot of people out there, I know, are very grateful for that. Because like Connie Fey,people who have land that is in forestry, you know, now this gives them an opportunity to do native forest and go in that direction. But it takes a commitment and it's a lot of money on their side, as well. So I'm glad that the County is willing to give up, you know, the minimum of$12,000. And hopefully, we will have more opportunity as far as incentives, where maybe we can go after grants to help encourage and help people who want to do native forests, that there will be some resources available to them as far as helping them to finance that, because it's only for the betterment of this world. So again, Leslie and Lisa, thank you so much for all the work, and the people around you. Because, you know, Lisa, you couldn't have done it all by yourself, you know, without your staff. You know, our Clerks Office you know, LRB, like I said, everybody has played a part in this, including every single Council Member here today, so thank you. Thank you again. I cannot say thank you a millions times and it be enough. So, mahalo. I yield, Chair. Thank you. CHR. DAVID: Thank you very much, Ms. Poindexter. Anyone else in Hilo? MR. KANEALI`I-KLEINFELDER: Chair? CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. I have a kind of silly question, but I've got to ask it. Do I need to recuse myself from voting because I potentially qualify for this? CHR. DAVID: Wait was that? Repeat that again. Page 32 FC-35 July 7,2020 MR. KANEALI`I-KLEINFELDER: Do I need to recuse myself from voting because I could qualify for this? MS. POINDEXTER: That's okay. CHR. DAVID: I'm not—well, I'm really not sure. Maybe that's a question for MS. POINDEXTER: Corp. Counsel. CHR. DAVID: Is Corp. Counsel here, in Hilo Chambers? MR. KANEALI`I-KLEINFELDER: No. MS. POINDEXTER: Wait, our Clerk is coming up. CHR. DAVID: Thank you. (Note: At this time, County Clerk Jon Henricks came forward to address the members of the Committee.) MR. HENRICKS: We could call the Corporation Counsel. But I would note that you vote on property tax rates and you're subject to them, too. MR. KANEALI`I-KLEINFELDER: Perfect. Good. That's good enough for me. Because I want to vote, but I just want to make sure. Whew. CHR. DAVID: Thank you for that, Mr. Clerk. MR. KANEALI`I-KLEINFELDER: Thank you, Jon. CHR. DAVID: And that adequately answers your question. MR. KANEALI`I-KLEINFELDER: Yes, that was adequate. Thank you. CHR. DAVID: Alright. Alright. Perfect. Anyone else in Hilo, no? And in Kona? Well, I'm just going to say I really, really appreciate Ms. Poindexter and all of her efforts; and Ms. Cole-Brooks, and Lisa. You know, what Chair Chung mentioned, when he spoke of this flowchart, I just was so happy to see that also because it pretty much outlines how something that is very well-done takes a lot of time and effort, in order to check all your bases and make sure that when it comes forward to us, we already see how much work went into this. And at first, when you don't succeed, you have to keep trying. And this is such a perfect example of a great piece of legislation. Ms. Poindexter, Ms. Miura, and Ms. Cole-Brooks, I really, really thank you for this excellent example and opportunity to vote on this legislation. So, mahalo everyone. And I Page 33