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HomeMy WebLinkAboutMIN CRCOC 2024/06/18 (2022-2024)Committee on Communications, Reports, and Council Oversight 29111 Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii June 18, 2024 CALL TO The regular meeting of the Committee on Communications, Reports, and ORDER: Council Oversight was called to order at 5:39 p.m., in the Council Chambers, Kailua-Kona, by Ms. Rebecca Villegas, Chair. ROLL CALL: Present. Ms. Rebecca Villegas, Chair Ms. Michelle M. Galimba, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member (via videoconference in Hilo) Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member (via videoconference in Hilo) Ms. Cindy Evans, Member (came in later) Absent & Excused: Mr. Holeka Goro Inaba, Member Ms. Jem1 Kagiwada, Vice Chair 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: (There were none.) COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 906: REQUESTS AN UPDATE FROM THE DEPARTMENT OF WATER SUPPLY REGARDING THE WATER USE DEVELOPMENT PLAN From Council Member Matt Kaneali`i-Kleinfelder, dated May 29, 2024. Motion to Close File: Mr. Kaneali`i-Kleinfelder moved to close file on Comm. 906. Seconded by Ms. Kimball. MS. VILLEGAS: With that, I'll go ahead and hand it over to Council Member K5neali`i-Kleinfelder who's the requester for this communication. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I can't see you in Kona, but I think our Water Department folks are in Hilo Chambers. Is that correct? CRCOC-29 June 18, 2024 MS. LEE LOY: That's correct. MR. KANEALI`I-KLEINFELDER: Alright. Please introduce yourselves, I know you have a presentation. Thank you for taking the time to be with us today, especially at this hour. I do appreciate your time; I know it's late. If you could, go to your presentation and then we'll go to questions afterwards. I have a few and then I'll go to the other Council Members. Thank you. (Note: At this time, Water Supply Deputy Director Kawika Uyehara and Engineering Division Head Kurt Inaba came forward to address the members of the Committee.) MR. UYEHARA: Thank you, Chair Villegas and Committee, my name is Kawika Uyehara, Deputy with the Department of Water Supply, County of Hawaii. With me also, I have Mr. Kurt Inaba who's our Engineering Division Head for the department. Yes, thank you for the opportunity to give a short update on our Hawaii County Water Use and Development Plan. (Note: At this time, Water Supply Deputy Director Kawika Uyehara provided a PowerPoint presentation to the members of the Committee. For viewing of the 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. 906.1.) MR. KANEALI`I-KLEINFELDER: Thank you very much, Kawika. Sorry, you're the Deputy Director, correct? MR. UYEHARA: Correct. MR. KANEALI`I-KLEINFELDER: Alright, thank you very much, Deputy Director, I appreciate the presentation and the catch up. I did realize we were behind on our plans. So, 2010 was the previous Water Use Development Plan (WUDP), correct? MR. UYEHARA: Overall, for the whole island, yes. MR. KANEALI`l-KLEINFELDER: For the whole island, and then right now we stand at what? MR. UYEHARA: So, after we did the whole island in 2010, we also updated Keauhou, which is the most recent, complete aquifer that we updated. Now, like I was mentioning, as you recognize, it's been time since we've done those, so now, we want to look again at the whole island, all the aquifers on the island and then also focus back on Keauhou and Waimea. Page 2 CRCOC-29 June 18, 2024 MR. KANEALI`I-KLEINFELDER: Okay, and then I think I heard you say there's a timeframe for the WUDP, was it 10 years? Is it statutory? MR. UYEHARA: I believe it's a —there's no real statutory timeframe, but we do have that 20-year projection in each of the updates. MR. KANEALI`I-KLEINFELDER: Okay, thank you. One of my concerns, and I've heard this from some of my constituents is, I heard you mention Keauhou and Mauna Kea aquifer, and then there's an island -wide plan. I'm looking at this number three on your elements of the Water Use Development Plan. For the regional water development plans, does each area like Puna, or Hilo, or Kohala, do they each have a regional Water Development Plan? MR. UYEHARA: So that's where we would probably look at all the other components that factor in like I guess when we say regional, we're looking at what the State is planning, what ag water use is planning, also consistent with land use policies of the County. In addition, it's working with planning departments, the respective planning departments on each island and other entities, making sure that future development is accounted for. That's, I guess, the regional approach. MR. KANEALPI-KLEINFELDER: Okay, I hear you. So, regional meaning more statewide versus island -wide meaning how we're addressing water — MR. UYEHARA: Well, we're looking at our island, but the State has their entities and agencies on this island that they have their plans that we have to incorporate. MR. KANEALYI-KLEINFELDER: Okay. I'm watching with interest how we grow. I think where I'm headed with this conversation is understanding how the Water Department is going to address these dense areas, especially as we discuss affordable housing, infill, and how the Water Department is planning and prepping and incorporating these elements of growth on our island into this Water Use Development Plan that is forthcoming. MR. UYEHARA: Yeah, that's an excellent question. I think we're equally concerned about that and we take —so, when we took at these use and development plans, part of the scope is you look at what your eventual demand for the water is going to be, and that's based on projections, the population, and those are also worked in close coordination with the County Planning Department, the General Plan, the CDPs (Community Development Plan) of certain areas. So, we noted that there's this demand, a projected current and maybe a projected dernand out 20 years. Then you also note for your aquifer, you have a sustainability yield that you have to stay under. Page 3 CRCOC-29 Jude 18, 2024 So, our latest Keauhou plan, we looked at that and then we also look on the supply side. You have a demand over time, are you going to have enough source or how are you going to make sure you have enough source to be able to meet that for that planned growth in population? MR. KAANEALI`I-KLEINFELDER: Okay. So, in areas like in rural areas where we don't have a lot of water infrastructure, a lot of people on catchment, is there an incorporation of the rural nature of the community to start to develop water in those areas or support agriculture in those areas? Or is that not part of the discussion because we're not worried about the aquifer refresh rate or we are just addressing people who are connected to a system? MR. UYEHARA: I don't believe our —like say if you look at our east side of our island, the supply or the aquifer sustainability is a lot larger than other areas. As far as —that's why I think it might not have been identified as a focus area, because the aquifer has a high sustainable yield. MR. KANEALI`I-KLEINFELDER: I agree. Does the Water Use Development Plan take into account the growth? Is it addressing that or is that a separate issue the Water Department takes on? MR. UYEHARA: So, for areas outside, I don't think we would look at that necessarily because it's not part of our current infrastructure right now. MR. KANEALI`I-KLEINFELDER: So, I'm just going to track it with you in learning a little bit as we go. So, the future progress of our island, if it's not a connected home on infrastructure or existing infrastructure that can be unproved, it's not being addressed as part of the Water Use Development Plan? MR. UYEHARA: Well, we would look at it with County Planning, with the General Plan and looking at their zoning and I believe that's part of the factors that are used when we look at what the fixture demand or the need of water would be or is projected to be. MR. KANEALI`I-KLEINFELDER: Okay, beautiful. Have you taken the time to speak with the Planning Department and is there a plan or a discussion between the two of your respective departments to—? MR. UYEHARA: There has been and there will be with this new update, yes. MR. KANEALI`I-KLEINFELDER: Okay, beautiful. How are you addressing water in Puna in the General Plan discussion? MR. UYEHARA: I would have to go back and look at that one, what we did in 2010 and how we scope out this next update. Page 4 CRCOC-29 June 18, 2024 MR. KANEALI`I-KLEINFELDER: Okay, good. I would love to hear what you have planned. I'm planning in advance for what's coming in our community. We all know we're filling up, we all know the density is increasing across the island, very specifically, in certain areas, and I'm just checking in with the department to see where we stand, how we're planning, and how that ties into the General Plan that's in progress as well. MR. UYEHARA: Sounds good. MR. KANEALI`l-KLEINFELDER: I appreciate your answers, Mr. Uyehara, and your time. I may have some follow-up questions after I yield to my other Council Members. Thank you. I yield, Chair. CHR. VILLEGAS: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Galirnba. MS. GALIMBA: Good afternoon, Mr. Uyehara, thanks for being here. Following up on Council Member Kaneali`i-Kleinfelder's questions around what the scope of how the department looks at its plans. As you know, there's large swaths of my district that don't have any water systems. So, almost like a chicken and the egg, if it isn't there then it isn't sort of looked at, it's kind of a little bit of what I was hearing, which I'm sure is not 100 percent the case, but perhaps a little bit. I'm also seeing like, for instance, there's no water between Honaunau—DWS (Department of Water Supply) is not between Honaunau and Wai`ohinu more or less, and yet, there's also, I see private wells going in for developments. I'm just kind of wondering if there's any sort of talking between those private wells that go in and DWS or any sort of planning that goes on, or discussion that goes on concerning those kind of private water systems? MR, UYEHARA: Any kind of discussions, probably not usually. If it's a private water system, I believe they have their own responsibility to be approved by the Department of Health and Commission on Water Resource Management (CWRM) for pump age. But when we look at the Use and Development Plan for the County, I believe that's where we would have to say look at the aquifer and ascertain is it —if we have no systerns in that aquifer, we also probably would need to look at what private water systems are in the aquifer. So, those would be factored into the Use and Development Plan for that specific regional aquifer. MS. GALIMBA: Thanks. So, what would be the narne of that regional aquifer for South Kona? MR. UYEHARA: So, I can maybe, after a later date, provide the reap. So, the State Commission on Water Resource Management has a map of our island Page 5 CRCOC-29 June 18, 2024 broken down into each hydrologic unit, and then the aquifer system area and the sustainable yield of each respective one. So, on the south side, there's several. There's at least half a dozen. MS. GALIMBA: Okay, different hydrological units, and some of them we do use, and others are outside of the service area. Is that more or less true? MR. UYEHARA: For our department we have, like you've mentioned, we have our water system in Wai`ohinu, N5'alehu, we have a small water system in Ocean View, which is just one source, and as you work your way up Kona, our systern extends down to the Ho`okena area. MS. GALIMBA: Alright, great. Yeah, Ho`okena is what I meant. Alright, thanks very much. I yield. CHR. VILLEGAS: Council Member Evans. MS. EVANS: Thank you. Do you see yourself involving OSCER (Office of Sustainability, Climate, Equity and Resilience)? The reason I ask that is there's a climate change discussion going on, which means the amount of rainfall, which means the replenislunent of our aquifer. Do you see that you're rolling that into your plan? MR. UYEHARA: Yeah, I believe we could have our consultant have the discussion with the County office. In addition, as I was mentioning, the State's Water Resource Protection Plan, which the Commission on Water Resource Management is in charge of, they definitely, to me, should be factoring in climate change and rain fall patterns and project rainfall patterns and recharge patterns. MS. EVANS: The other thing that strikes me is your planning window, you're planning for how many years was it, you're plaiming out? MR. UYEHARA: We look out 20 years. MS. EVANS: Is there a way we can change that to 10? I was looking at the Code of the Board of Water Supply and realizing there's not a whole lot that's in our County Code where you find the guidance is in the rules and regulations that are adopted by the Board of Water Supply. The only reason I say 10 years, or a decade is that if we go through a -----if it's not 20 years, then could it be triggered by a percentage of growth? So, for example, if in one decade our population grows by 20 percent, could that trigger us reevaluating our Water Plan? Because that is going to have a huge impact on the aquifers and the draw and the demand. Anyway, a question of you, could we change that? Who drives the 20 years? Page 6 CRCOC-29 Jude 18, 2024 MR. UYEHARA: So, right now, I believe 20 years has been that framework that we've followed, but as I was mentioning, there are multiple plans that factor into our plan, and those plans have separate, different timelines. So, again, we view this as a living document. If there are certain times that there's a need to update it, In my opinion, growth, it'll happen over time, right? The change is going to happen over time, but the planning document, it can, to me, be updated as needed if the conditions exist that show our projections or maybe the factors that we use to create our use and development plan and are not as correct anymore. MS. EVANS: So, what you say is you could have a document that gets outdated and then you won't —I guess you won't really be amending the document, it'll just wait until it comes up due at the 20-year mark? I guess I'm really zeroing in on how you're going to use this living document if in 10 years it's no longer reflecting what's going on with our climate, what's going on with the housing demand, what's going on with the aquifer. Anyway, that's what I'm thinking. MR. UYEHARA: That's duly noted. I think we'll talk to our consultant eventually when we get our consultant on board. As we scope this project out in the near future, how we're going to maybe do some reality checks, maybe throughout one update. At a certain point down the road, maybe we need to do a reality check on that aquifer and are our estimates or our projections correct and assess it at that time. MS. EVANS: Yes, the other thing is, again this might be under rules and regulations, but you know, they won't build a new school unless they know when they open up the doors it will be at least maybe 60 percent of occupancy. Do you have some idea about at what level of people wanting to build? There's a huge demand for affordable housing. There are people saying we want housing; we want affordable housing but we can't do it because we can't get the water. So, do you look at demand at a certain level that then triggers you putting that well in the aquifer and drawing that water? MR. UYEHARA: For use and development plans we don't get that detailed. We'll be working with the County Plant-ting and looking at the current zoning and I believe what the cut -rent zoning might allow, that kind of is our level of analysis of projecting a need. I believe we might go to a point where a parcel and what it could be rezoned to and that's another scenario that we would have our consultants evaluate. But down to the exact use of a parcel, I don't believe we get that detailed. MS. EVANS: I've got one last question, and that is we're in the iniddle of updating our draft General Plan, so, the land use is potentially going to be changing. So, you may have—hopefiilly, you don't have an outdated plan before you even publish it. That's an editorial comment because I think there are going to be definitely some zoning changes in the draft General Plan. Thank you. Page 7 CRCOC-29 .tune 18, 2024 CHR. VILLEGAS: Thank you, Council Member Evans. Anyone in Hilo have any questions? MS. KIERKIEWICZ: Yes, please, Chair. CHR. VILLEGAS: Council Member Kierkiewicz. MS, KIERKIEWICZ: Thank you so much. Thanks, you guys for being here, good evening. Deputy, remind me what is the timeframe for your department to do an updated Water Use Development flan? You talked about it here, next steps revising the document because significant time has passed. I'm on your website right now where it lists the different counties and how new their plans are. I think Kaua`i's was issued for public review in November of last year; City and County of Honolulu has a variety of plans, many of them are watershed management; Maui had their plan done in 2019; Lanai's was 2011; ours is 2010. So, it sounds like a comprehensive sort of review is happening now. When does it officially start and how long do you anticipate that process to happen? MR. UYEHARA: We want to officially start it as soon as possible. So, we've had staff work on the procurement process for another consultant to do this overall comprehensive update. As far as timeframe, I don't have a good idea right now because once you give them the go to actually produce a document, I'm not really sure on that right now. MS. KIERKIEWICZ: h1 the past, how long would it take to develop one of these comprehensive documents? A year? Two years? Several years? MR. UYEHARA: Several years. MS. KIERKIEWICZ: Okay. Then, what level of involvement does your Board play in terms of providing direction, guidance, scoping, or is there basically a template that you follow that sort of is based off of guidance and HRS (Hawai`i Revised Statutes) or other regulations? MR. UYEHARA: There's a template, but definitely, these types of projects we bring to our Board to discuss with them, and if they have any suggestions, we probably incorporate that into the scope of the work. Kurt reminded me that the scope of our use and development plans need to be approved by the Commission on Water Resource Management. So, there's that State oversight of approving the scope. MS. KIERKIEWICZ; How long does that usually take because you've got to get on the agenda, there's a public comment hearing period? Is it like a one and done inecting or do those typically take months? Page 8 CRCOC-29 June 18, 2024 MR. UYEHARA: Months MS, KIERKIEWICZ: Months. MR. UYEHARA: Several months. MS. KIERKIEWICZ: Okay, thank you. I was really curious about your last slide, other considerations, development of near shore monitoring network. I'm not sure if you know, but our body had adopted a resolution to leverage some geothermal community benefit funds to do some near shore monitoring in partnership with USGS (United States Geological Survey). I'd like to share that information with you, connect you with our folks over at USGS because I'd love for there to be some continuity of that work. One really exciting component is there will be training members of our community to be certified in using their data and instrumentation so there can be year -around monitoring. Folks want to understand what sort of impact geothermal operations may be having on near shore water resources. So, sharing that with you because it would be great if there could be some community training involvement in the monitoring of our water resources island -wide. Just something for you to consider. MR. UYEHARA: Yeah, thank you for that. Definitely, we'll make sure we put that note and reminder in our files and to our consultant to keep that in their minds. MS. KIERKIEWICZ: Fantastic. So, I noticed your elements of the Use Development Plan are to be consistent with some of our County policies like General Plan and CDP. I still haven't quite heard, though, what role DWS plays in helping us to meet future needs, projected growth, growing population but also the need to ensure that we are food sustainable. There's water for survival sake, we need water as people, but then there's also the need for water to support agriculture. So, I just wonder, is the Department of Water Supply in the business of just maintaining current systems, or at what point do you guys start thinking about developing new systems to meet population needs but also our needs to be a more food -resilient community? MR. UYEHARA: So, I'm going to answer in a couple of responses. So, for the ag side, our mission is for the delivery of safe public drinking water. We do recognize that it is used for ag purposes. We have a different rate structure based that way for those requirements. On the ag side also, our Use and Development Plan is looking at the whole County, but we recognize —what we know, the Department of Ag plays a role in providing that future picture of ag for the island. So, we kind of incorporate that. Page 9 CRCOC-29 Juice K 2024 MS. KIERKIEWICZ: But the Ag Water Use Development Plan was done in 2003. MR. UYEHARA; That's why I was mentioning there are other agencies that need to be updated, and I'm sure we can advise our consultants knowing that 2003 was the last —I mean hopefully, we'll be pushing the Department of Ag to update also, but unfortunately, that's outside of our realm. MS. KIERKIEWICZ; I guess I want to push us to be a little bit innovative not necessarily only looking at leveraging ground water resources, but are there other ways in which we can be utilizing surface water, recycled water to support ag? I don't know, but again, I want us to explore as much as possible. I know it is the State's responsibility, but their last study was very limited in scope because of funding constraints. And there's a huge need for us to be food resilient, right? So, maybe there can be a collaboration, shared costs, with the Hawaii island specific Ag Water Use Plan. MR. UYEHARA: That's a good point. I would probably include some level of review of that in the big picture for the water use in the County, specifically for ag purposes for food sustainability. Then, as I mentioned, there's going to be the analysis, now you have this future projected need for water, right, as potable or agriculture. Part of the plan also has to look at how would you supply that? And I think that's the other question about how do you make sure there's adequate sources eventually? Then, because this plan is the big picture, we in addition, have for our department, our Water Master Plan. If we identify there's certain areas that eventually over time, we're going to need a new source or something, a new reservoir, a new distribution system, that's where that Plan and then the eventual Capital Improvement Projects kind of support that bigger picture plan. MS. KIERKIEWICZ: Okay, I have three more questions. On the ag thing, call Senator Richards, he used to be on the Council. He's an ag brother. I'm sure he can find some ways to find some funding to at least do some kind of revised water plan as it relates to ag on our island. What sort of collaboration do you guys have with the Department of Hawaiian Horne Lands (DHHL)? Because there have been a huge infusion of cash, right, across the State, including our island, for housing development. CHR. VILLEGAS: Council Member Kierkiewicz, the beeper is going off over here for your timeframe. MS. KIERKIEWICZ: Okay, I have two more questions, or would you like me to conclude this one? CHR. VILLEGAS: Since we're done here, so please, go ahead and finish up with your last two questions. Page 10 CRCOC-29 fume 18, 2024 MS. KIERKIEWICZ: Thank you so much, Deputy, sorry, the Water Supply Department's partnership, if any, with Department of Hawaiian Home Lands, because in order for folks to move into homes on homestead, we've got to have water resources. Again, just curious about what sort of collaboration takes place? MR. UYEHARA: So, a couple of things. On a day-to-day basis, Kurt and his staff, engineering, I believe they have regular meetings with DHHL and their land planners. So, as far as the actual projects and what the future development needs of DHHL on this island, Kurt and his staff, our Engineering Division, are actively collaborating and coordinating. Then as far as our Use and Development Plan, yes, definitely, DHHL's current and future water needs are included in this Plan and evaluated on how their need gets addressed. MS. KIERKIEWICZ: Okay. Help me to understand your role in developing infrastructure as it relates to responding to emergencies. So, like many of our fire stations actually have to transport water to a site, and I wonder if there are grants available. Is it your kuleana? Is it Fire's kuleana to start installing more fire hydrants around our island? How does that emergency component get factored into this Water Use Development Plan? MR. UYEHARA: Specifically to this plan, I don't think there's that much in this specific plan, but any water system that is dedicated to our department has to follow the water system standards. So, if anybody builds anything and wants to turn it over to us, storage tank sized, there's a minimuan requirement for it. There's a minimum number of --depending on the zoning, how close your hydrants are spaced or how many hydrants you have, and what size your water lines are supposed to be to deliver a certain fire flow. So, going back to your original question — MS. KIERKIEWICZ: But do you think it's your responsibility or Fire's to start looking at, alright, climate change is here, we're going to be seeing more fires likely, and just kind of recognizing that we don't have hydrants in all of our communities? Our firefighters are having to go back to the nearest hydrant or station and fill up the tanker truck and get that deployed to the fire site. I just wonder, is there a collaboration between Water Supply and Fire to start thinking about and investing in that sort of, I think, critical infrastructure? MR. UYEHARA: I agree. As far as it being in this Use and Development Plan, I don't think we would address it, right, in this Use and Development Plan. But as far as other coordination between our department, DWS, and the Fire Department, yes, definitely, I believe it's going to be an ongoing discussion and collaboration of how to make our communities better prepared, more resilient, and get the first responders' better abilities to do their jobs. Page I I CRCOC-29 June 18, 2024 MS. KIERKIEWICZ: Okay. I want to work with you on that one because I do think there is a role for Water Supply to consider fiiture emergencies. The last thing, one of my colleagues brought up about what are you doing within Puna, and I wanted to give you this opportunity to talk about the $55 million investment that your department, in partnership with FEMA (Federal Emergency Management Agency), is making to increase redundancy and resiliency in upper and lower Puna. If I just read through the list of projects, can you say yes or no if it's proceeding because this list is kind of old? MR. UYEHARA: Sure. MS. KIERKIEWICZ: Alright. Isaac Hale Beach Park MR. UYEHARA: Okay, wait. The park itself? MS. KIERKIEWICZ: Yes. MR. UYEHARA: That'd be Parks and Rec. We're working on the water lines through the area. MS. KIERKIEWICZ: Yes. CHR. VILLEGAS: Council Member Kierkiewicz? MS. KIERKIEWICZ: Yes, Chair. CHR VILLEGAS: I just want to ask how this relates directly to the Water Use Development Plan at this point. MS. KIERKIEWICZ: Well, I apologize. One of my colleagues was given latitude to ask a question about water projects in Puna. So, I just wanted to illustrate the point that there is water infrastructure and so, these systems actually do tie into groundwater resources, which are evaluated as part of this plan, CHR. VILLEGAS: Okay, thank you. At this point, I would just ask that you would just finish up as we're over time. MS. KIERKIEWICZ: Does anyone else have any other questions? CHR. VILLEGAS: No, but I do. Actually, I'm sorry, Mr. Kaneali`i-Kleinfelder has some. MS. KIERKIEWICZ: Okay, I think these projects are really important because our community of Puna has been so incredibly patient and is waiting for Page t2 CRCOC-29 June 18, 2024 infrastructure. So, I'm going to use this opportunity to just go through the list of projects to see where we're at. CHR. VILLEGAS: No, I'm sorry, Ms. Kierkiewicz, I'm asking for you to give up the floor right now to go back to another Council Member as you've used your tune. Thank you. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Mr. Uyehara, I think I just — MS. LEE LOY: Chair? CHR. VILLEGAS: Council Member Lee Loy, Council Member Kaneali`i-Kleinfelder has the floor at the moment. MS. LEE LOY: I understand that, but he has already had an opportunity to query the department and I have not. CHR. VILLEGAS: Fantastic, but as I'm the Chair right now, I'm going to go ahead and leave him with the floor, and I'll come back to you afterwards. MS. LEE LOY: Thank you. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Mr, Uyehara, I'm just going to keep it simple. I'm looking at the Water Use Development Plan, I'm looking at your timing schedule. I brought this communication up just to get a feel for where the department stood. I am happy to hear that you folks have begun the process or in process of seeking a consultant. I do have my concerns of the timing schedule but understand that there is no statutory requirements for timing. I think most importantly though, as we are pushed to provide more housing, your answers so far from the department level are concerning in how we're tying into different plans, how we're seeking infrastructure and projective infrastructure for projecting growth. I really want you to take that back to the department, and I want to know that we have a strong plan going forward. That's all. You've given some good information so far, and I appreciate your time, again, it is late. That's my takeaway from this evening. Please flake those comments with a grain of salt, but I need to know, and my constituency need to know that we have a good plan going forward on how we're going to be providing better infrastructure for our community, Thank you. MR. UYEHARA: Yes, thank you. Thank you for those comments. It's a serious thing for us and we are a part of the community, too, and we want to make sure Page 13 CRCO C-29 June 18, 2024 that the water resource needs of the island, of our County, is taken care of. That is part of our goal too. MR. KANEALI`I-KLEINFELDER: I did notice, sorry, I noticed as we went through different droughts last year, there was a need for more infrastructure in many different parts of the island. You folks were amazing in getting our water service providers more access, but when I watched that as a whole and look at Council Member Kierkiewicz's comments regarding the Fire Department, and I think about climate change, there's some growth that needs to Happen in our existing communities that don't have water infrastructure. We need to address that, and our community needs to know that we are going to address that. So, in just listening to different components of your answers and your presentation today, that would be my takeaway for this evening and thank you for listening. CHR. VILLEGAS: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Lee Loy? MS. LEE LOY: Thank you, Chair. Thanks, fellows, for being here. I actually wanted to circle back around on something Ms. Kierkiewiez mentioned, which is our Department of Hawaiian Horne Lands and the collaboration that's going on. understand within the Hawaii Water Code, we do reserve for Department of Hawaiian Home Lands, for not only their current needs but their future needs even if construction is not even planned. So, DHHL is covered. I think what I wanted to lean in on was the amount of money that they have and if there was any kind collaboration with there to utilize sorne of that 600 million (dollars) to develop a water system say for example in Maku`u, up mauka, which they could then use for water for the department, but excess water to the community. Has any conversations like that begun and/or any other projects around the island where we would be partnering with DHHL? MR. UYEHARA: Yeah, thank you for the question. As I mentioned, Kurt and his staff, they actively have discussions with DHHL and their future development plans. The Maku`u one, yes, we've been in discussion with them for many years, but we kind of —we understand that it's their development, it's their tirneframe, their budget needs and stuff. So, as far as developing that, we kind of are just talking with them, but they'll make their final decision on whether they move forward or not. But yes, we have been talking with them on that as well as the one previously down in the Ka'-5 side that we've talked to them also. MS. LEE LOY: Yeah, and I wanted to stick with that because there's the potable water piece for them, but they also have the ag piece, right, with the ag water. And again, does DHHL reserve those ag water for those ag plans, too, within the Water Use and Development Plan? Page 14 CRCOC-29 June 18, 2024 MR, UYEHARA: So, like you mentioned, there are reservations within each — they can make a reservation within an aquifer for their needs. I'm not sure if we break it down specifically for potable versus non -potable versus ag, but there is within an aquifer, but is based on some of their development plans that they'll work out with their staff. MS. LEE LOY: Then when we talk about the aquifer and the sustainable yield in the aquifers, is there any particular aquifer, besides Keauhou, which we know National Parks was looking at and then Waimea, what is the next aquifer that we're looking at as far as needing to look at how close we are with the sustainable yield numbers? MR. UYEHARA: So, right now, I'm not sure, but Keauhou and Waimea were the ones that were previously identified as focused areas, focused aquifers. In 2019, when the State updated their Water Resource Protection Plan, there were a couple other aquifers, I believe Mahukona, and I'm not sure if there was another one, that they decreased the sustainable yield. So, I can only imagine that those may require us to look a little closer at those ones also. MS. LEE LOY: Thanks, Kawika. I know that you are scoping out the update which has to get approved by Commission on Water Resource Management. How granular can we get with the update? I'm asking this question for a whole bunch of reasons, and within our Plumbing Code, we adopted a whole bunch of low flush or water conservation items. I'm just curious if we are going to try and get to some kind of data collection to prove the efficacy of some of those water conservation, things that we adopt into our Code? MR. UYEHARA: That's a great question. Yes, as far as how granular the Use and Development Plan will get, I don't know how exactly down to the details, but definitely, we do normally have sections that address water conservation or lower flow fixture units because that does help on the demand side. It helps directly lowering the use in a typical unit, so, yes. MS. LEE LOY: Then within the Water Code, I can't recall, we have a great leak detection program with the Department of Water Supply. Do we set a goal within our Water Use and Development Plan for a percentage of loss water? I mean, we all like to think it'll all make it to wherever it's supposed to end up, but sometimes there's a leak. Do we set goals within that? MR. UYEHARA: Goals within the Use and Development Plan, I don't know if it's an exact goal. We might compare to some metric like some industry standards, which our department is also required to submit to commission our annual water audits, basically, to see where each of our water system stands as far as loss water and nonrevenue water. Page 15 CRCOC-29 June 18, 2024 MS, LEE LOY: Okay, now I want to back out a little bit, back to you guys but we also have, through the Commission on Water Resource Management, individuals who pull their own well pert -nit. How much interface do you have or does Hawaii Island's department have with that permitting process, or is that just handled by the Commission on Water Resource Management? MR. UYEHARA: Pretty much just handled by the Commission on Water Resource Management. There are some other instances that the Department of Health may ask us if a new well is too close in proximity to one of our existing sources. They may ask those types of questions, but as far as the Commission approving other private, we don't normally get involved in that. MS. LEE LOY: Then the conditions of approval like collection of the pumping information or any other conditions, that's set by the Commission on Water Resource Management? MR. UYEHARA: Yeah. MS. LEE LOY: Okay, Then, we know we have our high-level wells, but we also have some down on our basal lenses. I'm curious if our Water Use and Development Plan will start looking at overall capacity on that lower or on our basal lens, and if in addition to the sustainable yields within the aquifers if we're looking at some threshold as far as it relates to our basal lens. MR. UYEHARA: So, the aquifer boundaries that are defined by Commission on Water Resource Management, they have their procedures for that, and then the sustainable yield is set by the Commission, based on the data and the research they've done. That sustainable yield incorporates the basal phis the high level. At this point in time, there hasn't been a demarcation between the two. MS. LEE LOY: Just curious because with sea level rises, we've heard very smart people like Tom Nance talk about how sea level rises at actually adjusting some of that saltwater intrusion on our basal lenses at the lower elevations. MR. UYEHARA: I believe that will be possible, yeah. So, climate change — that's why I think it was a good mention earlier about incorporating, in this whole update and analysis, of how does climate change affect the future resource or the availability of our resources? MS. LEE LOY: Then those monitoring wells, offshore monitoring wells, would actually help with some of that information? MR. UYEHARA: Correct. And what I was mentioning was actually, there are on shore, the ones that we're looking at. We just know that maybe what's been happening on the Kona side with some of the actions at this Commission level, Page 16 CRCOC-29 June 18, 2024 there is interest, which is valid about the resource, right, near shore resource water quality. So, to me, we'll need to at least address that in this update that we're doing, the holistic approach. MS. LEE LOY: Great. Then we did everything down makai, up mauka. I know that we partner really well with other individuals when it talks about our fog drip and some of that recharge that happens. Will there be goals set in the Water Use and Development Plan about some of the work that we're doing with our Watershed Protection Programs in the Water Use and Development Plan? MR. UYEHARA: Again, I don't know if that's exactly a goal-----W CHR. VILLEGAS: Council Member Lee Loy, just -sorry to interrupt, but Council Member Lee Loy, just to let you know, the buzzer went off, but please go ahead and finish answering the question. MR. UYEHARA: Sure. Our Use and Development Plan update, I don't think there will be an exact goal for that, but it definitely will need to be addressed and factored into the picture, the water resource side of making sure that however our department's involved in that or• other entities that protect the watersheds and making sure that they're included in that update process. MS. LEE LOY: Thanks. You know, like my colleague, there's a lot of funding and grant opportunities, especially as it relates to our• watershed and I just want to —we have great partners with our friends over at National Association of Counties and different programs that offer monitoring, data collection, and especially as it relates to everybody's looking at CHR. VILLEGAS: Thank you, Council Member Lee Loy. Please go ahead and wrap up. MS. LEE LOY: Maybe we can be offline and get some of that. MR. UYEHARA: Definitely. Thank you. I think from the funding perspective, we're open to partnering with any just as a side note, to like for the watershed protection activities, our department is actively seeking federal -directed spending funds to help with bolstering our department's efforts in the watershed protection activities. MS, LEE LOY: Perfect. Thanks, fellows. Thank you, Chair. CHR. VILLEGAS; Thank you. No other comments, I just have a couple of questions to make sure that I'm understanding. I actually have a very large folder in front ofrne and have saved the documents and resources provided the last time I asked for a review of the Water Use Development Plan. Thank you for Page 17 CRCOC-29 June 18, 2024 including that in here. That was in November of 2021. We're almost three years ago. One of my questions here is on page S of your PowerPoint presentation, it says in November of 2021, the Department of Water Supply and CWRM presented the Keauhou 2017 Water Use Development Plan to Council's Regenerative Ag to our committee, and that CWRM stated that the 2017 Keauhou Development Plan met the statutory requirements of the HRS. However, Council did not adopt the Water Use Development Plan, subject to Department of Water Supply incorporating other public comments, and you note here, "but not required." That wasn't my understanding that in that meeting we ever had the intention of adopting the Development Plan. At the time, we were asking about where the status was as it related to incorporating public comments. Then it says here that CWRM provided additional proposed revisions, but Water Supply didn't agree with these revisions. Then the next statement in slide six is Department of Water Supply to revise Water Use Development Plan due to time that has passed since previous update completed. So, my question here is this the Keauhou Water Use Development Plan? That's something that I find confusing here. We say Water Use Development Plan, but is it specific to Keauhou or you're talking about the overall County? MR. UYEHARA: So, for our new project, it'll be looking at the entire County again. We're going to do another once over the whole County in all aquifers in it, but we do know that we will need to also, in this plan scope of work, to focus on Keauhou and Waimea aquifer for sure. CHR. VILLEGAS: Okay, because it was my understanding, coming out of the last time we met three years ago, that it was agreed that you were going to work on the public outreach and get things taken care of so that the Keauhou plan could actually be adopted by Council. Correct? MR. UYEHARA: That's correct, and I think we've recognized since the time that has passed already, it's in need of updating again. So, that's why we're moving forward here. CHR VILLEGAS: Yeah, but it was never completed before, so, I'rm just having a hard time with these timeframes. It brings to the question if this communication hadn't come from Council Member Kaneali`i-Kleinfelder, would we even be having this conversation and where on the list of priorities does the completion of the Keauhou Water Use Development Plan, let alone the County's, and I've never seen anything for Waimea. Page 18 CRCOC-29 June 18, 2024 My point being and it's just disappointing and concerning to me that this still floats out there and I have constituents with vast concerns and consistent frustrations because of the autonomous nature of the Department of Water Supply. I appreciate your guys' diligence and commitment to protecting our sacred water, but I really struggle with the lack of progress in some of these projects that had been sitting out there, Have you guys made any headway into incorporating GIS (Geographic Information System) tracking for water credits allocated to the island that could be looked at as a holistic snap that actually shows how many aquifers, with how many credits, and where those credits are assigned so that we could make really educated decisions? MR. UYEHARA: So, I'll come back to that question, if I may. If I can answer the question, the previous one, about the Keauhou aquifer. CHR. VILLEGAS: Yeah, thank you. MR. UYEHARA: Yes, as I mentioned, back in 2017, we had the update completed and at that point, it was again, statutory. We met the requirements; normal stuff, the Commission would approve it and then the Council would adopt it. But the fact is also that even though it wasn't adopted, our department has still been using it as a guiding document. When we look at our planning, when we look at anybody else's planning, we identified, in that Use and Development Plan update for Keauhou— CHR. VILLEGAS: I'm sorry, can I just clarify, I missed that. You said even though it was not adopted, you're still using it as the directing document? MR. UYEHARA: Yes. In concept, yes. Because it identified where the committee and where it was identified of where future source development would happen. CHR VILLEGAS: But the identified lack and what was missing was community input, correct? MR. UYEHARA: So, I think that was, again, a subject of yes, comments maybe afterwards. But if I can focus on the Keauhou one, some of the specifics of that Plan focused future source development in a certain area that allowed our department to reduce our use of the basal aquifer resources, which the community wanted. So, it was part of that strategy that we looked going to forward, we knew we had to develop a high-level sources more to the south. So, we are not having to rely on our basal sources, which the community did not want, and we don't want to use the basal sources, as much either. Just again, they have higher chlorides and stuff like that. So, that was identified in the Use and Development Plan for Keauhou and we've kind of been internally using that as our guide. Page 19 CRCOC-29 June 18,2024 Again, thank you, Mr. Kanealii-Kleinfelder for identifying the need to bring this update back to the Council, but we also, previous to the request, we had been already planning to do this update. I don't know exactly when, but it was in our, again, it was in our plans to update it again. Going to this overall GIS snap of, now I'm going off the subject of the Use and Development Plan, but yes, we do recognize that GIS has that ability and we've kind of have been, with other internal IT (Information Technology) staff, kind of doing like a beta version of what we could maybe put out there, showing an aquifer, an area— CHR. VILLEGAS: I'm sorry, did you say beta. I'm sorry, I just couldn't hear, was that a beta version? MR. UYEHARA: Yeah, like a beta version, a test version of a website of a GIS page or something. So, we're actively working on that, yes. CHR. VILLEGAS: Okay, if I could just suggest, we actually as a County, have access to and contracts with GIS mapping potential. We went to a training recently and it was brought up as something they could be very helpful in getting us into the 21st century when it comes to our water mapping and the numbers to go around with it. So, I would just encourage your IT guys to maybe reach out to them. That could be a great opportunity. MR. UYEHARA: Thank you. Yeah. CHR. VILLEGAS: I'm sorry, did you have anything else to add? MR. UYEHARA: No, I just said thank you. CHR. VILLEGAS: I'm sorry, the band is playing here outside. So, I'm hearing a bit of festive music in the distance. With that, if there's no more comments from anyone else, all those in favor of closing file on Comm. 906, please say "aye." Vote on Comm. 906: The motion to close file on Comm. 906 was carried by Filed the following voice vote: Ayes: Committee Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Villegas — 6. Noes: None. Absent: Committee Members Inaba, Kagiwada, and Kimball — 3. Excused: None. Page 20 CRCOC-29 June 18, 2024 Comm. 907: TRANSMITS THE RESULTS OF THE WHISTLEBLOWER INVESTIGATION REGARDING UNFAIR HIRING PRACTICES AND ALLEGATIONS OF NEPOTISM From County Auditor Tyler J. Benner, dated May 24, 2024. Motion to Close File: Mr. Kaneali`i-Kleinfelder moved to close file on Comm. 907. Seconded by Ms. Kimball. CHR. VILLEGAS; Mr, Benner, the floor is yours. (Note: At this time, County Auditor Tyler Benner came forward to address the members of the Committee) MR. BENNER: Good evening, Tyler Beimer, Office of the County Auditor. I've just prepared a business brief on a whistleblower investigation report, number 24-004, just a very brief background. The Office of the County Auditor received permissions to conduct investigations of waste fraud and abuse throughout the County via Charter amendment in 2022. We have operated that line as part of a, initially, pilot program. We have gone through sort of a maturity model. You might think of that as forming, storming, nonning, and now performing. And as such, we have been working on providing this body with a condensed investigation report and this being the first of those reports. So, while it's not the first investigation that we've conducted, this is the first time that we're submitting something to Council. So, background, on May 24, 2024, the Office of County Auditor submitted a whistleblower investigation report to the Hawaii County Council. The investigation addressed allegations of unfair hiring practices and nepotism within the County of Hawaii. Key findings, there's a lack of a County nepotism policy despite the State Nepotism law effective January 11, 2023. The County lacks a similar policy. Conflicts of interest in hiring, the County lacks a formal process to address conflicts of interest in hiring, insufficient time for interview panels to identify conflicts. A supervisor failed to declare conflicts and recuse themselves, and inconsistent understanding among hiring staff to mitigate conflicts of interest. The third key finding was hiring process gaps, the potential to limit applicant pools through pre -interview field testing by passing competitive recruitment. So, based on these key findings, we made recommendations, policy development, implement a countywide policy aligned with the State nepotism law to ensure fair and impartial hiring process updates to require applicants and evaluators to disclose any known familial connections and conflicts of interest and clear hiring rules, establish transparent rules to ensure merit -based hiring enhancing fairness and public trust. Page 21 CRCOC-29 June 1 S, 2024 Conclusion, subsequently on May 30, 2024, Mayor Roth issued a memorandum to department and agency heads stating that the administration's intention to establish bright line rules and to work with the County Council to introduce amendments to the County Code of Ethics. Those amendments promise to be modeled after the State legislature House Bill (HB) 717. A copy of HB 717 was also distributed to further clarify understanding. We appreciate the administration's quick and concise actions to address the issues identified and to strengthen controls for the benefit of all employees and its citizens. We look forward to the meaningful conversations and amendments between administration and Council to modify the Code. For more information, the frill report is available on the Hawaii County website at the Office of the County Auditor subpage. Hawaii County is an equal opportunity provider and employer. Mahalo, Council, and I can take any questions you might have. CHR, VILLEGAS: Thank you, Mr. Benner. Any questions from anyone? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Bermer, for the report. I'm reading the "What we found" section, and the "Departments could limit the applicant pool by field-testing candidates before interviewing them. In the investigation's case, only the single employee with the potential familial relationship advanced to the interview panel, circumventing competitive recruitment." Was that one department or is that multiple departments? MR. BENNER: This investigation is centered on one department. MR. KANEALI`I-KLEINFELDER: One department? MR. BENNER: But we did find that this sort of failure could happen in multiple departments. So, it is an inherent risk. MR. KANEALI`I-KLEINFELDER: Okay, thank you. I yield. CHR. VILLEGAS: Thank you, Council Member Kaneali`i-Kleinfelder, Council Member Evans. MS. EVANS: Thank you. I'm looking at your recommendation. I would like a little bit more clarity on the one that says, "Applicants must clearly state any familial connections or conflicts of interest they know or should know about." How far down does that go? Third cousin? Fourth cousin? In-laws? What kind of clarity is that because to me it's really clear, that if an employee is part of the team that evaluates the candidate, I can see where maybe you would want a conflict of interest saying I just can't even be on. I'm assuming they have to recuse themselves from the panel or from the evaluation. It doesn't say that in your recommendation that they should recuse themselves in evaluating or like a Page 22 CRCOC-29 June 18,2024 performance evaluation or a Firing process. I want to get a little more clarity kind of where you are going on those two in particular. MR. BENNER: Yeah, I appreciate that. I do appreciate that question. So, there is a section in the Hawaii County Charter that mentions nepotism at the very top, those with the power of appointment. So, in Section 13-10 in Prohibitions, page 57 of the Charter, "The word "relative" as used in this section, shall mean an individual who is related to an appointing authority as a father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, step -father, step -mother, step -son, step brother, step -daughter, step -sister, half-brother, or half-sister. I'm not sure if that strictly aligns with HB 717, but there should be a very close aligiunent between those two. MS. EVANS: And that is spelled out in our Charter? MR. BENNER: Yes, it's the power of appointment. MS. EVANS: I'm sorry, is that in Code or is that Charter? MR. BENNER: Charter, Section 13-10. MS. EVANS: Charter. Okay. So, in your evaluation of this, you were looking at the State law and maybe State Ethics? Because I have to tell you, I personally don't see any issue with having family connections and people working in the same goverrunent and they're all related. To me, that's irrelevant if people can do the job. But I can see where the hiring part is. So, are you going to be working with the Department of Human Services (Resources) and coming up with some recommended language? MR. BENNER: So, Council Member, the first audit that I conducted with the County of Hawaii was 22-01, The Department of Human Resources Hiring Practices Follow-up. In our executive summary, in our conclusions, in follow-up audits, we don't make additional recommendations, but we did state in our conclusion in that executive summary that "We commend the Department of Human Resources (DHR) for their efforts to improve hiring practices for the County of Hawai` i. To further strengthen internal controls over the County's hiring process, we've identified some opportunities, DHR should continue ongoing monitor of all department's interview packets as a best practice and address the following in their rules, policies, and procedures: Adopt monitoring and oversight procedures; Define nepotism; Define conflict of interest; Define familial relationships including Hanai, relationships; Establish a policy addressing nepotism and conflict of interest; Disclose any potential conflict of interest on the interview panelist acknowledgment forin." So, that's verbatim from the first report that we did. So, we recognized this as being a potential issue back in 2022. Page 23 CRCOC-29 June 18, 2024 So, we have reached out to Corporation Counsel to find out about enacting this, and at that time, we were told that there wasn't a State policy to align to and the preference would be to align to a policy that existed. So, since that conversation in 2022, in July 2023, that policy came to fruition and so, we're asking that they now align to it now that it does exist. MS. EVANS: Okay. Alright. So, I assume it'll come to us by request. Thank you. I yield. CHR. VILLEGAS: Thank you, Council Member Evans. Council Members Kierkiewicz or Lee Loy? No? Okay. Anyone else over here? No? Thank you, Mr. Benner. I really appreciate your articulate, very specific, and detailed reports. Unfortunately, it's no surprise that we have some challenges with nepotism potentially, and I just appreciate your taking this to this depth and breadth and providing recommendations for Human Resources, that I hope they'll put into place. While we do happen to have a lot of people related to one another here on the island, which is a beautiful thing, there has to be accountability and insurance of equity and hiring and there's just too much opportunity for poor choices to be made that have consequences that the County ends up liable for, the County as a whole. So, thank you for your efforts being put forth here to encourage us to create clear rules for all the hiring steps and ensuring candidates are chosen on qualifications and suitability, fostering public trust and promoting fairness in the County's hiring practices. Appreciate that. MR. BENNER: Thank you very much. I appreciate it. These reports are designed to be stand-alone, on their own, plain speak, very easy to understand, very easy to read. With that said, if there are comments that Council has, please feel free to reach out to our office and let them know if you think they can be improved. CHR. VILLEGAS: Thank you so much, Mr. Benner, we appreciate you for that. With that being said, all those in favor of closing file on Communication 907 please say, "aye." Vote on Comm. 907: The motion to close file on Comm. 907 was carried by Filed the following voice vote: Ayes: Committee Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, and Chair Villegas — 7. Noes: None. Absent: Committee Members Inaba and Kagiwada — 2. Excused: None. Page 24 CRCOC-29 June 18, 2024 ADJOURN- There being no further business, at 6:56 p.m. Chair Villegas adjourned the meeting. MENT: Approved: Ms. Ifebecca Illegas, Chair Communications, Reports, and Council Oversight Committee RV/jm (Date) Page 25