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HomeMy WebLinkAboutMIN RAWEEMC 2022/05/31 2020-2022 Committee on Regenerative Agriculture, Water, Energy, and Environmental Management 20th Session Hawaii County Building 25 Aupuni Street Hilo, Hawai i May 31, 2022 CALL TO The regular meeting of the Committee on Regenerative Agriculture, Water, ORDER: Energy and Environmental Management was called to order at 10:10 a.m., in the Council Chambers, Hilo, by Mr. Holeka Goro Inaba, Vice Chair. ROLL CALL: Present: Mr. Holeka Goro Inaba, Vice Chair Mr. Aaron S. Y. Chung, Member (came in later) Ms. Maile Medeiros David Member (via videoconference from Kona) Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member (came in later) Ms. Rebecca Villegas, Member (via videoconference from Kona) Absent& Excused: Mr. Herbert M. "Tim" Richards, III, Chair STATEMENTS Acting Chair Inaba directed the Committee to proceed to the next order of FROM THE business, 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. David De Luz: Bill 180 (Comm. 819), in opposition. Keith Okamoto: Bill 180 (Comm. 819), in opposition. Jared Medeiros Garcia: Bill 180 (Comm. 819), in support. ACTING CHR. INABA: Mahalo. I'm going to close public testimony, at this time. And we're going to move on to our fist agenda item please, Mr. Clerk. COMMUNI- Acting Chair Inaba directed the Committee to proceed to the next order of CATIONS: business, Communications. RAWEEMC-20 May 31,2022 Comm. 807: NOMINATION OF AUSTIN GRIFFEY TO THE GAME MANAGEMENT ADVISORY COMMISSION From Mayor Mitchell D. Roth, dated May 11, 2022, requesting the Council's review and confirmation. Requires Council Confirmation by: June 24, 2022 (Section 13-4(k) Hawaii County Charter) Motion to Close File: Ms. Lee Loy moved to recommend confirmation of the appointment of Mr. Austin Griffey to the Game Management Advisory Commission. Second by Ms. Kierkiewicz. ACTING CHR. INABA: Ms. Bartolome if you please could introduce the nominee. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. ACTING CHR. INABA: Mahalo, Ms. Bartolome. Good morning, Mr. Griffey. If you are online would you please introduce yourself, and share anything you'd like with this body. Mahalo. (Note: At this time, nominee Austin Griffey came forward to address the members of the Committee.) MR. GRIFFEY: Good morning guys, can you see me? ACTING CHR. INABA: Yes, we can. MR. GRIFFEY: How's it going? So I've been born and raised South Kona, Big Island. Brought up hunting, fishing, diving, surfing, everything local style. Pretty much hanaied by some Hawaiian uncles. And I see the lifestyle is fading, and I want to help promote and raise my children the way I was raised. Because it gives them a purpose. They look forward to doing it, they have fun and they enjoy it. They're not just stuck to their iPads all day. Like me this is my first time on a Zoom meeting. I never did really spend so much time on the internet or the phones like that, I was always in the outdoors. I pretty much would like to see more people more youths getting into it, and would love to help preserve our game animals as a food source on this island. A lot of guys hunting, trapping, all to provide for their families, and we don't want to be forced to have to go buy food from the store. We love the tradition, and I want to help share it. Page 2 RAWEEMC-20 May 31,2022 ACTING CHR. INABA: Mahalo, Mr. Griffey. At this time I want to open it up to the committee, any questions or comments? MS. DAVID: Chair Inaba? ACTING CHR. INABA: Chair David, go ahead. MS. DAVID: Thank you, mahalo. Aloha, Mr. Griffey. I really wanted to thank you for your words this morning, it's very deep and it's very purposeful what you say, because I believe what you're describing is something that we were all raised to in the past, and I see that it is disappearing. And I really thank you for your desire to maintain that part of our culture, in order to move our kids forward here so that they become self-sustaining. I just really want to thank you for your sensitivity and your personal commitment to this, and your willingness to serve on this commission. Mahalo, I yield. MR. GRIFFEY: Thank you. ACTING CHR. INABA: Mahalo. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for being here today, Mr. Griffey. Appreciate your statement, very strong statement and very true. Some of your references that you've listed are doing great work for the GMAC Committee already, and happy to see their names on your list. It means you have good support. And I'll be supporting your nomination today. And Ms. Bartolome, good find. Thank you very much. I yield, Chair. ACTING CHR. INABA: Mr. Chung. MR. CHUNG: Good morning, Mr. Griffey. You know, I don't really know if this is within the purview of the Game Management Commission. But I don't know who else to go to, so I'm going to ask this question. You know, over the last maybe 10 years or so, I've been witnessed and I think others been have been witnessed over this proliferation of pigs in our communities. I mean get one community, a family of pigs living right on Komohana and Mohouli. I mean people feeding them, that's nice. But pigs are dangerous yeah, especially in residential communities. A friend of mine got his leg gouged yeah, from a pig. And I don't know if this is what you guys deal with, but you have any thoughts on that? MR. GRIFFEY: Actually I do. I'm a trapper, I'm on the State trapping list. I'm actually wrestling pigs on the daily, every day. Pretty much my kids after school, they're all looking forward to it. We go check all our traps, we have traps in multiple properties. And we do relocate, and we do kill a lot of pigs. And give to some ohanas that pretty much they need the meat. But there is a massive abundance of pigs on this island, and they are spreading like wild fire. Page 3 RAWEEMC-20 May 31,2022 So we do need to come up with some kind of plan, to keep them under control. Because if we don't they will expand into the communities, and they will hurt people like you said. And do they damage, they do crop damage. There's too much of them, it's just becoming a real nuisance. MR. CHUNG: Well thank you for that, I mean I'm really glad that you're aware of it. And it's something that you can bring to the table, I'm not going to ask this question of the next nominee. Maybe if you can talk to that person later on, when you're at a meeting. But thank you very much for your answer, I appreciate it. MR. GRIFFEY: No problem. ACTING CHR. INABA: Thank you. Anymore questions or comments, here in Hilo or in Kona? Okay, Ms. Bartolome MS. VILLEGAS: I have just a quick question. ACTING CHR. INABA: Ms. Villegas, go ahead. MS. VILLEGAS: Thank you. Mr. Griffey is running to represent District 6? MR. GRIFFEY: Seven. MS. VILLEGAS: Seven. Okay, Ms. Bartolome, on the sheet that I'm looking at it says District 6. It also says that today's date is May 3rd. I'm not quite sure the need to accuracy on these documents for long term legal. MS. BARTOLOME: May I just ask what you're looking at? MS. VILLEGAS: I'm looking at the confidential form, provided in our confidential envelope. ACTING CHR. INABA: Ms. Villegas,just a point of clarification. The date that you're seeing May 3, 2022, is the date Mr. Griffey submitted his application. MS. VILLEGAS: Got you, thank you. ACTING CHR. INABA: We do however, I think need clarification on which district he is being nominated for. It says he's applying for six on the application, but I think the intention is for seven. So we need to get that straightened out. And Ms. Bartolome is reviewing documents, right now. MS. VILLEGAS: Thank you, Vice Chair Inaba. ACTING CHR. INABA: Ms. Bartolome, do we want a five-minute recess? Page 4 RAWEEMC-20 May 31,2022 MS. BARTOLOME: Yes, please. ACTING CHR. INABA: Okay, we're in recess. We'll come back at 10:36 a.m. Recess: At 10:37 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:42 a.m. ACTING CHR. INABA: Aloha it's 10:42 a.m., calling this meeting out of recess. For the record we are on Communication 807, and there has been a request to table this item. So that the Administration can have some discussion with the nominees. So with that can I please get a motion, Ms. Lee Loy? MS. KIERKIEWICZ: Chair, before we vote, can I just get a little clarification on the table. So we're going to come back to this after other items on the agenda are complete. ACTING CHR. INABA: Yes. MS. KIERKIEWICZ: Okay. And the goal is to come to some sort of resolution on both of the nominees today? ACTING CHR. INABA: Yes. MS. KIERKIEWICZ: Okay, thank you. Motion to Table: Ms. Lee Loy moved to table Comm. 807. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Committee Members David, Kaneali`i-Kleinfelder Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Committee Member Chung and Richards —2. Excused: None. ACTING CHR. INABA: We'll see you back, Ms. Bartolome. We're going to move on to Bill 180. Mr. Goodwin are you online? MR. GOODWIN: Yes, I'm online. ACTING CHR. INABA: Okay, kala mai. The Mayor's Office is going to be in contact with both you and Mr. Griffey, right now. So I'm not going to even open up that discussion. We're going to move to Bill 180, and our staff will be in touch with you to make sure you're online when you need to be, okay? Page 5 RAWEEMC-20 May 31,2022 MR. GOODWIN: Roger that, thank you. ACTING CHR. INABA: Kala mai, thank you. With that we'll move to Bill 180. Change Order As directed by the Acting Chair Inaba and with no objection from Committee of Business: Members, the following item was taken out of order: BILLS FOR Acting Chair Inaba directed the Committee to proceed to the next order of ORDINANCES: business, Bills for Ordinances. Bill 180: INITIATES AN AMENDMENT TO ARTICLE VIII OF THE HAWAII COUNTY CHARTER (2020 EDITION), RELATING TO THE WATER BOARD AND THE DEPARTMENT OF WATER SUPPLY Adds a representative from the Department of Hawaiian Homelands to serve as an ex-officio member of the Water Board, requires the Manager-Chief Engineer to submit an annual report to the County Council, and establishes protection for Native Hawaiian water rights and Native Hawaiian law training for members of the Water Board and certain personnel of the Department of Water Supply. Reference: Comm. 819 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to recommend passage of Bill 180 on first reading. Seconded by Ms. Villegas. ACTING CHR. INABA: Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you very much Chair, appreciate it. I'll skim through real quickly on this, this is proposed as a Charter amendment for the folks in our County to vote on. I mean real quickly there's three main points to this, that this will add a Department of Hawaiian Homelands (DHHL) representative to the board that does not have the power to vote. Sorry, that the Water Board will have this member as a non-voting member. It puts in some language for the relevant public trust diction laws, which are constitutional just sets that in stone. And then it also does a requirement that each of the board members and the Administrative staff attend a Native Hawaiian Law rights training course. Just provides for that information building within the membership, within a year of being appointed. And so that's really the three main points, of this Charter amendment. As discussed today we heard from testifiers from the Water Department itself, Mr. Okamoto. And from Mr. David De Luz, who's also a board member on the current Water Board. What I got from the two of them is although opposed many of the points that were being made in here, albeit being called redundant, I would say that setting them in stone and having them in Page 6 RAWEEMC-20 May 31,2022 writing, creates that guideline that the Water Board members live by. And that to me is important. We can call it redundant, or we can just call it creating the box that we work within. And having those public trust laws, and constitutional law ingrained in the membership, I've been to those trainings, is absolutely important. There's a lot of information, we have the most unique water laws in the nation as far as I'm concerned. And because of our past, you know, here we are in our present, we have to be able to understand where we came from to understand where we're going. And so knowing our constitutional law and what came before it, and why those laws were created. And having the members of our Water Board, our Administrative staff, although many of you have been through it as well, to me it's absolutely imperative. It's not a question of whether, it should happen, it should be required. And so therefore putting it in our Charter as a requirement. So I'm open to discussion today that relates to me, kind of just outline what this bill is about. Again, my intention is to put this to the voters, you know, on the ballots and see what they have to say about this. But for now, Chair, I yield. Open to discussion, thank you. ACTING CHR. INABA: Thank you, Mr. Kaneali`i-Kleinfelder. Opening it up to questions or comments from the committee. Anyone in Kona? Coming back to Hilo, alright with that then MS. DAVID: I'm sorry, Chair. ACTING CHR. INABA: Ms. David, go ahead. MS. DAVID: Okay. Is Corporation Counsel there? ACTING CHR. INABA: Yes. Corporation Counsel is here, and coming up now. MS. DAVID: Thank you. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Committee.) MS. STRANCE: Good morning, Elizabeth Strance, Corporation Counsel. MS. DAVID: Good morning, Ms. Strance. Ms. Strance, regarding the issues outlined in this bill, have you reviewed this bill? I'm just curious to get your comments as to embodying the constitutional amendments, regarding water rights and training into this bill. I just wanted to get your take on it as Council. Page 7 RAWEEMC-20 May 31,2022 MS. STRANCE: Thank you. To the extent that the proposed Charter amendment directs the Department to follow what is already law, then it would be duplicative of responsibilities they already have. I did look at the provision about training, and had some concern about whether the Charter can direct the activities of the employees who might be civil service. And I don't have the firm answer to that. I think my primary concern about the proposed bill, is that County lacks authority tied direct to a State agency to act or be part of something. And so while as a general statement, the County has authority to direct the composition of this board, I do have some questions about whether it can direct Department of Hawaiian Homes to the ex-officio member. And my understanding it looks like there was similar legislation presented at the State, I think last year, that did not pass. And so that would be some indication that at least the component about Department of Hawaiian Homelands, may be a State function over which the County doesn't have authority. So those are my general thoughts. MS. DAVID: Okay, thank you for sharing that. That kind of clarifies some questions in my mind regarding the Section 8 reference, that all staff assigned to support shall attend a Native Hawaiian rights. I mean you don't have tell me how important the Native Hawaiian laws rights training course is, and whether this is the appropriate vehicle to get that in. And also the fact that I believe Hawaiian Homes by law is required to consider the water rights that is being referenced in this proposed bill. That's my questions and I'm glad that you have looked into this, because I'm having some questions. Not how important water is, that is not even on the table. I think what's important to me is that we use a method and a vehicle of process that is legally sound if we are going to take things out to the public as far as putting this on a ballot. Because like I said, there's no question on the importance of water. I'm just looking for some legal direction, and will you be able to get that answer to us by the time this moves forward, if it moves forward? MS. STRANCE: Yes, that's a research loop that I haven't closed yet. MS. DAVID: Okay, great. Well thank you so much, Judge Strance. And for now, for me, I am going to reserve voting in favor of this until I get that information from Judge Strance at our next hearing. Mahalo, I yield, Chair. ACTING CHR. INABA: Thank you. Any other questions, comments, here in Hilo or in Kona? Mr. Chung. MR. CHUNG: Yeah, I'm going to be voting against this measure. You know, for every appointee that has come before the Council for consideration on the Water Board, I've made a comment about people in Keaukaha pouring concrete over their water meters in protest of certain things. Now at first blush it would seem Page 8 RAWEEMC-20 May 31,2022 that I might be in favor of something like this to give the Department of Hawaiian Homes a bit more say in the operations of our County Water Supply. That wouldn't be a correct conclusion. And the reason for that is I view, no offense to the Department of Hawaiian Homelands, okay. You know,they try to do a good job, and now they have a whole infusion of millions, and millions of dollars to try to get people on the land. But nonetheless, I have my implication in suggesting that they have been shirking their duties to the lessee of the people on Hawaiian Homelands. And they've been using the respective Departments of Water Supply throughout the State of Hawaii, to run interference for their primary responsibility for providing water to their lessee's. What they should be doing—and really water is the key, it's a very, very, important resource if not the most important resource. But the Department of Hawaiian Homelands is supposed to be developing their own water system, in conjunction with perhaps the Departments of Water Supply throughout the State of Hawai`i. So that they can provide water and open up more lands, and they can even probably sell the water as an income generating measure. To have them now as an ex-officio member of the Water Department here, I just don't see the benefit to that, I really don't. I think they have to clean up their own house first, and then maybe the State can require something like that, but not here on the County level. That's my thoughts anyway thank you. ACTING CHR. INABA: Thank you, Mr. Chung. Ms. Kimball. MS. KIMBALL: Yeah. I actually just had two questions for Mr. Kaneali`i- Kleinfelder if the Chair will grant some leeway. First could you really dove into like what problem you're trying to solve through this specifically, and were you asked by DHHL to put something like this forward? MR. KANEALI`I-KLEINFELDER: First question, problem solving is, you know, I really based on what I've seen over the last three years. Looking at some of our Hawaiian Homes still struggling to get water. There was a list provided today of projects that have been given water. But what I really see missing and I've seen it from the beginning, is collaboration. And so by putting all the members at the table, by having good open discussion with, like Mr. Chung stated, $600 million of funding on the table for Hawaiian Homes prioritized for this new projects; with DHHL having the most properties located here on our island; having a DHHL representative at the table when we discuss water infrastructure, water improvement projects, etcetera, becomes key to having good forward momentum when we start to look at Native Hawaiian beneficiaries and projects for them. So that's been the problem that I've encountered, and this is an attempt towards a solution. Page 9 RAWEEMC-20 May 31,2022 Did I work with DHHL, I just spoke with DHHL about this. And I've been on the Native Hawaiian law trainings like I stated. Both of those just really opened my eyes, those two discussions opened my eyes to what has been proposed, what has been shut down, what legislations has been put forward, as Ms. Strance stated today. And just hearing all that, what it speaks to me is we know our constitutional law, we know it applies to everybody. But reality is sometimes we have to create the guidelines and put it on paper, and get it in stone. Like my grandpa use to say, get it in writing, put it in writing and put it down. So the Charter amendment looks to do that. And you know, like I heard before, we put it to the people to vote. I hope that helped, does that help? MS. KIMBALL: Yeah, that answers my question a little bit. I mean, I agree with Chair David and Council Member Chung. You know, water is everything, it is the most critical resource for all of our livelihoods. And we want to make sure that it's protected first and foremost, and that those who need it have access to it. I share the same concerns though as Council Member David, about some of the language and whether or not this is the appropriate vehicle, particularly around the Native Hawaiian Law training which is excellent. You know, I attended that as well, and that's an excellent program; wonderful resources, I certainly learned some things as well. My concern is if it's in the Charter, it has a greater level of permanents for example than in the code. And what happens if the Native Hawaiian Law Center is no longer offering that resource. And we have no authority and jurisdiction over that provider. So I think I'll concur with Council Member David's assessment that we need some guidance from Corp. Counsel on that. But also I think this may not be the right vehicle to recommend that training,just because of the uncertainty that it would be continued and perpetuity and longevity of something that is placed into the Charter. Thank you, Chair. I yield. ACTING CHR. INABA: Thank you, Ms. Kimball. Anyone else in Kona? None more here in Hilo. Oh, Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Speaking to few of the comments today, you know, this is how we have the conversation, this is how we do it. There are different agencies, State agencies, that are by Charter for different Counties, including a State Representative, DOT (Department of Transportation), it's been done. So I don't think we're setting any precedent by saying a State representative will be at our board, or be a non-voting member or a voting member of our board. I can see different mentions of Honolulu with the Director of Transportation member, and Kauai with a State District Engineer. So there's two different State agencies working in conjunction with a County body of some sort. I don't think we're stepping on any toes. Training -wise, I'm having a hard time swallowing that we're going to say no to more training. Specifically when it comes to Page 10 RAWEEMC-20 May 31,2022 constitutional law and public trust. Again, most unique water laws in the nation, because of our past. And if we don't require the training then what are we doing, I mean honestly? That's my comments today, again I liked the discussion it gives me direction. And I do hope the rest of you feel as strongly about this, as I do. So with that said, thank you, Chair. I yield. ACTING CHR. INABA: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. I'm going start where Mr. Kaneali`i left off which is drawing a comparison, between a State agency like DOT having ex-officio powers. Judge Strance, if you don't mind coming forward. Because the Department of Hawaiian Homelands is very unique, and it's relationship through the Hawaiian Homes Commission Act, which has an intrinsic relationship with the Federal Government. And my first question is can we direct the Department of Hawaiian Homelands that has a unique relationship under the Hawaiian Homes Commission Act, and direct its charge and duty as outlined by Bill 180. Can we be doing that? MS. STRANCE: I don't think so, because it's a State-created agency. Or more than that, actually. There are departments and I haven't obviously gone through all of them, or looked at the references made by Council Member Kaneali`i-Kleinfelder. But there are a number of, actually a surprising number of boards and commissions in this County that are created by State law. And so we follow prescription of State law, and so it wouldn't surprise me if under State law there are certain County boards that have representatives from different State agencies on them. And I think that was part of the intent of the State Legislation on this matter. But as I mentioned to Council Chair David, I have done some research on this particular issue, I haven't completely closed that loop. And if that is a driving decision-making factor for some of you, I would feel more comfortable with a little more time to make sure that I have that one right. MS. LEE LOY: Great. In follow-up to that, if you could also look into the encumbrance that this will cause on the department. We know this is a Charter amendment that would be placed to the electorate to decide, but again acknowledging its uniqueness with the department of Hawaiian Homelands, I'm curious as to whether an electorate can direct the department of this encumbrance. If you could follow-up with that and bring that forward, that would help provide a lot of clarity. In addition to that, I know the Water Use and Development Plan is provided through HRS 174-C (Hawai`i Revised Statutes), which is our Hawaii Water Code. And just more curiosity as to the Department of Hawaiian Homelands, Page 11 RAWEEMC-20 May 31,2022 having a seat at that table through the Commission on Water Resource Management. Do you know of the department's authority there? MS. STRANCE: Not there. There is Hawaii case law regarding the composition of local water boards. And so as you may know, currently under State statute, there is a provision that sets forth the composition of the County of Hawaii Water Board as well as the other county water boards. There's a Hawaii Supreme Court decision, however, that holds the compositions of these boards are matters of local concern. And so if there's jurisdiction to direct a State agency, a Charter amendment maybe be the appropriate vehicle. Because description of our local Water Board is contained in our Charter. MS. LEE LOY: Great. Mr. Okamoto, if you don't mind coming forward. You know, my time on the Water Board we did a lot of work with the Water Use and Development Plan, and I understand through the Water Code the department actually has the ability to reserve water through its various development plans throughout the entire State. But also kind of gives them preference. Could you share with us a little bit of how that process works, in which the department is kind of permitted to seek and reserve water units onto their development. (Note: At this time, Water Manger-Chief Engineer Keith Okamoto came forward to address the members of the Committee.) MR. OKAMOTO: Yeah, sure. Again, Keith Okamoto, Water Manager, Chief Engineer. So that's really a function of the State Water Plan, and I believe it is part--of just a brief recap, the State Water Plan consist of various components, right? The Water Resource Protection Plan, which is a CWRM (Committee on Water Resource Management) responsibility the Water Quality Plan; Department of Health; the County Water Use and Development Plans, which are by the counties; the State Water Projects Plan, and I believe that falls under possibly both the State Water Projects Plan; and maybe even the Water Resource Protection Plan. So our understanding right now, is Department of Hawaiian Homes can reserve water. Our challenge is sometimes in recent history the Department of Hawaiian Homelands was trying to convert those reservations, which really supposed to be reservations from the aquifer and the sustainable resource. But in recent attempts, I think they're trying to convert that to actually water reaching the surface. For us, we don't have that capability just because we don't have the financial, the means or the resources to build infrastructure actually for anybody, any particular entities. I don't know if that answers your question, but they do have that capability. So my understanding of how it works is, Department of Hawaiian Homes can reserve however much water they need from the aquifer. So that counts against the sustainable yield. So you know when they get into these triggers of when to get Page 12 RAWEEMC-20 May 31,2022 into ground water management areas, those numbers are set aside already they're reserved for Hawaiian Homes. So that counts into that allocation of, you know, existing uses, potential future land uses, so they have that unique ability to reserve that water in the aquifer. We just have a challenge, and don't have the resources to convert that reservation from the aquifer into developing sources for them. Basically that's the understanding of what I see as the unique ability of the Department of Hawaiian Homes, other than any other entity to be able to have that ability. MS. LEE LOY: Thank you for that. Because I wanted to spell some of the conversation here that, water is actually a barrier for the Department of Hawaiian Homelands. Cause it's not. MR. OKAMOTO: Yeah. MS. LEE LOY: The barrier actually is the department, and they've actually awarded lots without water. And so I just wanted to spell any assertion that somehow them having a seat at the table actually provides them a pathway to realizing housing opportunities. And thank you, Mr. Okamoto, for that. And finally, you know, I have all of those concerns, and I will actually be voting against this. Because as a beneficiary myself, the primary pathway for members of the department to, or for beneficiaries to utilize the trust and have the trust benefit them, comes with beneficiary consultation. And the author of this bill acknowledged that he hasn't even reached out to any beneficiaries, he spoke to the department but not beneficiaries of the trust. And for those reasons to have skipped that primary step of beneficiary consultation, is the reason why I will be voting no, on Bill 180. Thank you, Chair. I yield. ACTING CHR. INABA: Thank you, Ms. Lee Loy. Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Keith don't move, good to see you. Just really curious if maybe you could walk us through the current training that Water Board Members, and your staff currently receive. MR. OKAMOTO: Okay, yeah. There's no real formal agenda as far as what kind of training we provide other than the orientation when they first come on board. Which is primarily all the nuts and bolts of what we do at the Department of Water Supply, and how their role influences policy and things like that. You know, I do agree that Native Hawaiian Law training is something, and I'll be perfectly willing to make that part of our orientation somehow. Or some kind of ongoing annual basis for our Water Board Members. Page 13 RAWEEMC-20 May 31,2022 I have no problem with that, training is always great, you know, getting more information. But specific training regiments we don't really have anything set, other than allowing them opportunities to go to water works conferences here locally as well as the mainland. Which is really geared towards potable water type matters, including everything down to equipment, materials, the nuts and bolts kind of things of running a water utility. But to be honest, we are lacking in the Native Hawaiian education component. Do want to share with the Council though, we have a significant portion of people of Hawaiian ancestry on our board. I think we have at least four, I don't want to name who they are of course. You know, I think that's fairly unique, and they do bring those perspectives to the discussions and what not. Hope that answers your question. MS. KIERKIEWICZ: It does. And you know, I'm going to echo some of the sentiments that my colleagues brought forward about this being maybe the incorrect vehicle. To kind of advance some of these, I think really good intentions. We could all use more training, right, information is power. And I'm just taking a look at the department's rules and regulations, and just wonder if it would be a consideration of yours to update the rules. To just provide a bit more overview of the kind of training, that you're going to be prioritizing for the department and the board. MR. OKAMOTO: Yeah. As you know, our Water Board is like any other government body, we have to comply with Chapter 92-F and things like that. You know, I really see it as a, you know, maybe even as resolution on the board level, that's excepted and carried year to year. So our resolutions don't last by year. You know, once they're a resolution with our board they're good until somebody decides to change it. MS. KIERKIEWICZ: So it's good in perpetuity. If a member of the board were to say introduce a resolution, requiring certain trainings that would be good until somebody introduces a resolution to counter that. MR. OKAMOTO: Right. MS. KIERKIEWICZ: Okay. MR. OKAMOTO: We have mechanisms for that. MS. KIERKIEWICZ: Okay, that's good to know. Really curious about, you know, your thoughts on the requirement of an annual report to Council. Doesn't really 100 percent sit well with me, because water is semiautonomous and I certainly wouldn't want there to be any political influence by this body on Water Supply, which is govern by a water board. So just your reaction on that,proposed requirement. I mean I know that you are filing reports to us through the CAFR Page 14 RAWEEMC-20 May 31,2022 (Comprehensive Annual Financial Report), but this really explicit call out for the report. MR. OKAMOTO: Yeah. So I have mixed feelings about that, I understand the Council's need to hear what we're doing. At the same time, I'm really protective of our status as a semiautonomous entity. And the reason for that is, no offense to our elected officials, but back in 1949 when we were created, I guess somebody back then was conscious that water should somewhat be isolated from politics, I guess. And I think we were modeled after Honolulu Board of Water Supply, which was created 20 years prior to our creation. And for me I really do see that as a privilege, not a right. We still try to be team players with the rest of the cabinet, with you folks. I actually have to answer to our board, the Mayor, you folks, and things like that. And just try to make sure we're all on the same page, but at the same time our semi-autonomy allows us to do long-term planning. Because positions like mine, we don't have to come and go with the Administration. We can continue dialog with bodies such as yourselves, legislatures at the State level, even the congressional levels at the Federal level. And when we have a consistent leadership and priorities, it's easier for us to have long-term planning on an island-wide bases verses, you know, I need something to happen in my backyard-type of decision. Again, I see what Mr. Kaneali`i- Kleinfelder is trying do. And what I can connect to is, use the mechanisms that we have on board to make sure that we're communicating properly with you folks. We're always available, as we've been for special presentations and things like that. I'm not opposed to updating the Council whenever you folks want an update. Just little concerned about the appropriateness of including some of these things in a County Charter,that's really just my reservations at this point. MS. KIERKIEWICZ: Thanks, Keith. I think we can all appreciate that. You know,just reflecting on the very eloquent sentiments raised by Council Member Chung and Lee Loy, about the role of the Department of Hawaiian Homelands. You know, Water Supply, you folks are not in the way. I think for so long the real critical need was funding, and the Legislature really went above and beyond this session to make that happen. And really don't think requiring them, it's kind of inappropriate to have a State agency meddling in the affairs of the County. But I think you have proven, through your memo that your department is more than willing to work in the spirit of collaboration with Hawaiian Homes. There's a very extensive list on ways in which you are collaborating. So I'd like to see where this infusion of cash to the department kind of takes us. No, seriously, right? Keith you said it yourself, the funding and finance mechanisms are why you aren't more aggressive in developing water systems. Page 15 RAWEEMC-20 May 31,2022 You know it's no secret, I'd like to change that. Right, really does have the power to really transform communities. And so I want to the department a chance to work in partnership with you, and all departments of water across the State to really do something good for homestead. Appreciate this bill coming forward, but can't be supporting it today. Thank you. Chair, I yield. ACTING CHR. INABA: Thank you. Okay, anyone else short questions or comments because we're behind. So with that I think there was a lot of conversation, Mr. Kaneali`i-Kleinfelder, I think the intention is really good here, especially the training part. As a matter of where it goes best, I'm not sure. We'll vote in favor to advance today, but we'll want hear from Corporation Counsel. But I think the training part is just instrumental in what we do in our role, and what Water Board members do in their role. And then some of the other parts just the concern about requiring DHHL, I need more time to think, but I do like the intention of this. So I'll vote in favor today. With that there's a motion on the floor to forward Bill 180 to Council with a favorable recommendation. We're going to do a roll call vote please, Mr. Clerk. Vote on Bill 180: The motion to recommend passage of Bill 180 on first Failed reading was carried by the following roll call vote: Ayes: Committee Kaneali`i-Kleinfelder, and and Acting Chair Inaba—2. Noes: Committee Members Chung, David, Kierkiewicz Kimball, Lee Loy, Villegas —6. Absent: Committee Member Richards — 1. Excused: None. ACTING CHR. INABA: This Bill 180 goes to Council with a unfavorable recommendation. Thank you, Mr. Brown. With that, we're going to move on to Communication 811. Return to Order The Acting Chair Inaba directed the Committee to return to the order of of Business: business. Comm. 811: NOMINATION OF TRAVIS GOODWIN TO THE GAME MANAGEMENT ADVISORY COMMISSION From Mayor Mitchell D. Roth, dated May 16, 2022, requesting the Council's review and confirmation. Requires Council Confirmation by: June 29, 2022 (Section 13-4(k) Hawaii County Charter) Page 16 RAWEEMC-20 May 31,2022 Motion to Approve: Ms. Lee Loy moved to recommend confirmation of the appointment of Travis Goodwin to the Game Management Advisory Committee. Seconded by Ms. Kimball. ACTING CHR. INABA: Go ahead Ms. Bartolome. We're on Communication 811 for Mr. Goodwin. MS. BARTOLOME: So I'm going to be submitting a transmittal letter to withdraw the nomination of Mr. Goodwin. ACTING CHR. INABA: Alright. Mr. Clerk, how do we proceed? MR. BROWN: Being that the Administration this is a communication for a nomination. And being that it came to the body through the Administration, and being that the Administration wants to withdraw it, I believe they can withdraw the nomination of Mr. Goodwin. It sounds like there would be a written communication to follow stating that. So basically we could close file on it, and just basically close the communication off. There is another nomination that you guys laid on the table earlier, so we could take that off the table and handle that being that there could be two nominees. ACTING CHR. INABA: Alright, so with that do we perhaps want to just have a withdraw on the motion. Because the motion is to close file and forward, do we want to just withdraw the motion and close file on the motion? MR. BROWN: Yeah, you could have a motion that might be the cleanest. ACTING CHR. INABA: Alright. MR. BROWN: Well, I think that we can just for the record state that the Administration is now withdrawing their communication, so we don't even, you know, there's no further action needed at this point. Actually what we could do is, Ms. Lee Loy made the motion on the Administration behalf to forward the recommendation. She could withdraw her motion, which will take that off floor and then we could move forward from there. Withdraw motion Ms. Lee Loy withdrew her motion to recommend approval of the appointment of Travis Goodwin to the GMAC (Game Management Advisory Commission). ACTING CHR. INABA: Thank you. The motion to close file on Communication 811 and forward the nomination has been withdrawn by the maker. With that we'll move on to Communication 807. Page 17 RAWEEMC-20 May 31,2022 Motion to Remove Ms. Lee Loy moved to remove Comm. 807 from the table. from the Table: Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Committee Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8 Noes: None. Absent: Committee Member Richards — 1. Excused: None. ACTING CHR. INABA: Ms. Bartolome we can continue with Communication 807, please. We are on Mr. Griffey. Is there anything you want to add regarding Mr. Griffey, before I open it up to my colleagues to discuss? MS. BARTOLOME: I don't recall if I read his nomination earlier. ACTING CHR. INABA: You did, and he spoke as well. MS. BARTOLOME: Oh, okay, yeah, and he shared. So I don't think there's anything more that I want to share. ACTING CHR. INABA: Okay. So with that, Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you. I just want to be clear here, cause I'm looking at the fact sheet it's says there's a vacancy in District 7. Mr. Griffey's residence is in District 6. But you informed us that Grayson Hashida has resigned. MS. BARTOLOME: Yes. MS. KIERKIEWICZ: And so Mr. Griffey would be fulfilling District 6? MS. BARTOLOME: Correct. MS. KIERKIEWICZ: Because on the record he said seven. MS. BARTOLOME: Right. But I checked with Elections Office and he is actually in MS. KIERKIEWICZ: With redistricting things might of moved around. MS. BARTOLOME: Yes. MS. KIERKIEWICZ: Okay. So it would be for District 6? MS. BARTOLOME: Yes, Page 18 RAWEEMC-20 May 31,2022 MS. KIERKIEWICZ: Okay. That's fine. I would like to ask if the nominations before they're transmitted to Council for consideration at Committee level, are these being reviewed by Corporation Counsel? MS. BARTOLOME: Yes. MS. BARTOLOME: So Corporation Counsel is not flagging these errors that we're having to sort through at Committee? MS. BARTOLOME: So reviewed I'm not sure how or if they're reviewing the letters, but they do get copies of all of the letters. MS. KIERKIEWICZ: Okay. Judge Strance, do you want to weigh in here? Because the Mayor's Office transmitting a communication as an FYI (For Your Information) to me sounds a little different, than them taking a review of all aspects of the application. Thoroughly vetting, doing the background check, insuring that they're living in the right district. And that whatever is being transmitted to Council, is in fact accurate. And I'm just raising this because every single nomination has had a little bit of a hiccup today, which is unusual. I don't know if it's because mercury retrograde, I don't know. But like in all honesty, I think we're just trying to better understand Corp. Counsel's involvement in making sure everything is polished before it's presented to Council Members. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Committee.) MS. STRANCE: Elizabeth Strance, Corporation Counsel. I'll need to check in my office to find out if there is a formal review process to that detail. I'm not aware of it, but I don't want to misspeak either. MS. KIERKIEWICZ: Okay. I just recall under the last Administration they were screening applicants. And so perhaps when this body receives an update on the term limits, we could also have the conversation about Corp. Counsel's involvement in the review if nominees. Thank you so much, I appreciate it. Chair, I yield. ACTING CHR. INABA: Thank you. Anyone in Kona? MS. DAVID: Thank you, Chair. No. ACTING CHR. INABA: Alright. Ms. Bartolome, when we go to Council can we also get an addition to transmittal letter for Mr. Griffey, stating which district he'll be serving in. And then have those for all, like we said early for all Boards and Commission nominees just so we're clear if we ever look back at the documents. Page 19 RAWEEMC-20 May 31,2022 MS. BARTOLOME: Yes, absolutely. ACTING CHR. INABA: Thank you. MS. BARTOLOME: And kind I just add one more thing for the record? ACTING CHR. INABA: Yes. MS. BARTOLOME: So I just want to say that respectfully, Ms. Kierkiewicz, there was just two. Mr. Cross and then—well three, out of the five nomination that we had a little hiccup on. ACTING CHR. INABA: Alright. So with that we're going to take a vote on this nomination to forward Mr. Griffey to Council with a favorable recommendation. All those in favor please say "aye." Vote on Comm. 807: The motion to close file on Comm. 807 was carried Filed by the following voice vote: Ayes: Committee Members David, Kaneali`i-Kleinfelder Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba–7 Noes: None. Absent: Committee Members Chung and Richards –2. Excused: None. ACTING CHR. INABA: And for the record, before we close out because it wasn't stated earlier. The Council hearing for these nominees is on June 15'', and that's where the final deliberation and vote will occur. With that we've made it to the end of our agenda. ADJOURN- There being no further business, at 11:32 a.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Committee Members David, Kaneali`i-Kleinfelder Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba–7. Noes: None. Absent: Committee Members Chung and Richards –2. Excused: None. Page 20