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HomeMy WebLinkAboutMIN GOEAC 2025/08/19 (2024-2026) DRAFT Committee on Governmental Operations and External Affairs 16th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii August 19, 2025 CALL TO The regular meeting of the Committee on Governmental Operations and ORDER: External Affairs was called to order at 2:10 p.m:,in the Council Chambers, Kailua-Kona, by Ms. Jenn Kagiwada, Chair. ROLL CALL: Present: Ms. Jenn Kagiwada, Chair Mr. Matt Kaneali`i-Kleinfelder, Vice Chair Ms. Michelle M. Galimba}Member Mr. James E. Hustace, Member Mr. Holeka Goro Inaba, Member Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Mr. Dennis "Fresh" Onishi, Member Ms. Rebecca Villegas, Member Absent& Excused: Ms. Heather L. Kimball, Member STATEMENTS The Chair directed the Committee to proceed to the next order of FROM THE business, Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: (There were none.) CHR. KAGIWADA: Thank you. Let's go ahead and start with Res. 262-25. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. GOEAC-16 August 19,2025 Res. 262-25: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAI`I, DEPARTMENT OF HAWAIIAN_HOME LANDS (DHHL), FOR THE OPERATION AND MAINTENANCE OF PARK_FACILITIES LOCATED ON LAND IDENTIFIED BY TAX MAP KEY NO. 2-2-059:011, ALSO KNOWN AS PANA`EWA PARK Allows the County to continue operating and maintaining parks and recreation facilities at Pana`ewa Park. Reference: Comm_.421 Intr. by: Council Member Kagiwada(B/R) Motion to Approve: Mr. Kdneali`i-Kleinfelder moved to recommend adoption of Res. 262-25. Seconded by Mr. Onishi. CHR. KAGIWADA: I believe we have Director Honma and Parks, eadership staff over in Hilo. If you'd like to come forward and introduce this resolution, Director? That would be great. (Note: At this time, Parks and Recreation Director Clayton Honma came forward to address the members of the Committee.) MR. HONMA: Hi, Chair'Kagiwada and the rest of the Council Members. We're here to ask for your support'into this lease agreement that we're doing for Pana`ewa Park. This is a 30 year lease. So I think we're behind on our lease in regard to this by, maybe I think it was 2016, 1believe or 2018, that this lease was up.-And so, at this time, we're trying to move this forward with you guys. CHR. KAGIWADA,,: Okay, do Council Members have any questions about this resolution?- - - MR. HUSTACL Chair? CHR KAGIWADA: Yes. Go ahead, Council Member Hustace. MR. HUSTACE: Thank you. Thank you, Director, appreciate you bringing these resolutions-forward. I know there are a couple of them. If you could just speak to that expiration date of 2016 and what it takes to bring these agreements into compliance or, you know, back to the table. You know, some time has past so what does it take and what do we need to do going forward for them? MR. HONMA: Basically, Council Member Hustace, this lease that expired in 2016, you know, I cannot speak for the previous administrators on why it was never addressed. But when we came on board, it just so happened that we took a look at this with James (Komata) and myself, and we said we have a couple leases that need to get going and get it moving forward. Page 2 GOEAC-16 August 19,2025 At the same time, it was fortuitous that Hawaiian Home Lands wanted to work with us with something down at Lehia. So, we kind of put it all together where we had this lease along with Kawananakoa and Lehia come all together and putting it forward. Our partners at Hawaiian Home Lands, they expedited things really, really quickly this time around for us. I know in the past, it's been very challenging in getting things moving with everyone, on our side and their side. But yeah, we just got this thing going in the last coupte months. These leases have been processed and moving forward to where we have it in front of you guys at this point right now. So, kind of excited on getting Qur leases moving forward. One of the things is that it does provide recreational facilities for both communities, you know, Kawananakoa`and Pana`ewa, serving our constituents in those areas. We're planning on doing improvements at Kawanaakoa. So, when that lease comes up, we can speak to that. But Pana`ewa is one of our well-used facilities in the island and was a template for actually our covered courts that we now have out in Waimea. And we're doing one now in Papa`aloa. But yeah, it's just been something that, I don't know why it was never addressed back then, but we're trying to address it now. MR. HUSTACE: Thank you,Director. So, there's been no issue with the expired license then since that time? MR. HONMA: Not to this point, MR, HUSTACE: Like nothing came from the Department of Hawaiian Home Lands saying on their side of bookkeeping that we need to kind of upkeep that? (Note: Atihis time, Parks and Recreation Park Planner James Komata, came forward to address the members of the Committee.) MR. KOMATA: Council Member Hustace, this is James Komata, Park Planner. So, I do that in the administration prior to this one there were conversations happening between the County and Hawaiian Homes. So, there were some periods where there were active discussions going on about renewing the leases. But for whatever reason, it was never brought to fruition, or at least to the point that we have it now. It's never come up as an administrative issue, but it's something that both sides have wanted to resolve and put to rest. MR. HUSTACE: I appreciate that, Mr. Komata. Thank you, Director Honma, for kind of correcting this and making sure that we're on the right here going forward. So, thank you for taking the time to pay attention. Thank you. CHR. KAGIWADA: Thank you, Council Member Hustace. Council Member Onishi. Page 3 GOEAC-16 August 19,2025 MR. ONISHL Thank you, Madam Chair. Director Honma,you can correct me if I'm wrong, but then also in this agreement it needs to be done because if the County wants to do any more improvements to this facility or to the park, we would really need this agreement in hand, correct? MR. HONMA: Yes, Council Member Onishi. Any improvements, yeah, major improvements especially, these agreements are so important to us because we know for the long-term the County will have, you know; oversight of the properties and it will continue to service the greater community needs. So,you're absolutely right about that. MR. ONISHL And then if I'm not mistaken, I think in the past, and I think this was during like Kenoi's administration,which you were there,there was some of the discussion about this lease coming up but then, having the community involved or to find out their feelings was, is that correct? I mean,maybe in 2015, 2016 or something there was a little bittalk about that, or was it after? MR. HONMA: Yeah, Council Member Onishi, I don't recall that. But I know, you know, the community is very considerate of,you know, the Hawaiian Home Lands in regard to these leases and the relationship,that we do have with them. And so, yeah, I don't recall having that in many conversations back during the Kenoi Administration when I served lash, MR. ONISHI: Okay. Okay. And I guess the last thing is, you know, with this agreement too,the County's understanding is the community comes first, and we need to service the homestead with this facility. So that's what we're going to need moving forward and we're pushing with the work of Parks and Rec and support from the Council. Thank you, I yield. MR. HONMA: Thank you. CHR:KAGIWAI)A: Thank you, Council Member Onishi. Council Member Kaneal `i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Director, does the State providing funds back to the County for maintenance of? MR. HONMA: No. No funds is provided from the State at all, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This is a 30-year agreement going forward? CHR KAGIWADA: From 2016. MR. KOMATA: It's a 30-year retroactive. Page 4 GOEAC-16 August 19,2025 MR. KANEALI`I-KLEINFELDER: A 30-year retroactive. When does it end? MR. HONMA: I think it ends in 2046. MR. KANEALI`I-KLEINFELDER: 2046. So, another 21 years. MR. HONMA: Yes. MR. KANEALI`I-KLEINFELDER: I mean, I understand the importance of maintaining,just like roads and anything else. It's interesting that they don't provide funds. But I don't know if I understand that in full. I'll have to look into that. MR. HONMA: Okay. Thank you. MR. KANEALI`I-KLEINFELDEk-,,Thank you,Director. CHR. KAGIWADA: Thank you, Council Member. Anybody else? MS. KIERKIEWICZ: Chair?. CHR KAGIWADA: Yes. Go ahead,Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Thank you for clarifying, Director and Mr. Komata;that this is an actual retroactive lease. So, it's 30-years total, but the startdate was 2016, because the County's been operating on a month-to-month lease basis, it sounds like. Was there anything new? We don't have a copy of the agreement in front of us and I'm just wondering if there's anything new that might have been added justkind of based on the relationship the County has had with the Department of Hawaiian Home Lands for maintenance of these facilities. Anything new that you want to highlight? MR. KOMATA: I think the agreement is consistent with the original one. The maintenance responsibilities are the County's to deal with. We do have language in here thatthe County is committed to working with representatives from the Community'Association in an active manner for the duration of the lease. So, as Council Member Onishi said, it is in support of the homestead as well as the greater community. MS. KIERKIEWICZ: Okay, awesome. Like Pana`ewa Recreational Center is like my second home. My daughter has volleyball there; my son has baseball. And I really appreciate as do many others, the fact that there's internet there. That's very helpful. And I just love seeing all the different`ohana there throughout the week to gather and support their kids' playing sports. Page 5 GOEAC-16 August 19,2025 I just have one request. There is a pull-up bar; there's a cool obstacle course that you have on the field. There's a pull-up bar that is a little bit loose. If someone could please maybe tighten that up so it's not spinning as you attempt to do a pull-up. Thank you, I'd appreciate that. MR. HONMA: Thank you. MS. KIERKIEWICZ: Okay. Thanks. Thank you, Chair. I yield. CHR. KAGIWADA: Thank you so much. Anybocy,else? Alright, with that, it looks like we are ready to vote. All those in favor of sending Resolution 262-25 to Council with a favorable recommendation,please say "ayes" Vote on Res. 262-25: The motion to recommend adoption of Res. 262-25, was ; - (Approved) carried by the following voice vote: Ayes: Committee Members,Gal imbal Hustace, Inaba, Kdneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada—8. Noes: None., Absent: Committee Member Kimball 1. Excused: None. CHR. KAGIWADA: Could we please go oil to Resolution 263, please. Res. 263-25: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAI`I, DEPARTMENT OF HAWAIIAN_HOME LANDS, TO COLLABORATE TO PROVIDE CONTROLLED ACCESS THROUGH LAND IDENTIFIED BY TAX MAP KEY NOS..2-1-013.0,05 AND 006, ALSO KNOWN AS LEHIA BEACH PARK Allows the County and DHHL to collaborate in providing safe and secure access for the public and other community members who utilize the beach park property. Reference: Comm. 422 Intr. by: Council Member Kagiwada(B/R) Motion to Approve: Mr. Kdneali`i-Kleinfelder moved to recommend adoption of Res. 263-25. Seconded by Mr. Hustace. CHR. KAGIWADA: Director Honma,please take it away. MR. HONMA: Again, we're here for your support in this lease actually with Hawaiian Home Lands. This is a new lease that we're making with them. So, it kind of gives us some guidance and things to follow down at Lehia Beach Park and their homestead back there. Page 6 GOEAC-16 August 19,2025 So, we have a couple of gates that go back to their homestead through our beach park, and we are having a little bit of issues with some illegal activity that is being back there and DHHL is looking to kind of manage that a little bit better with us putting up some cameras, I believe, and additional beefing up the security gates that are back there. So, we're kind of putting it together in agreement here. CHR. KAGIWADA: Thank you, Director. Council Members, any questions or comments? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Okay, Director I've got to ask, why don't they provide funds when we maintain the facilities? MR. KOMATA: Sorry, this is for Lehia? MR. KANEALI`I-KLEINFELDER: Well,just any of them. We have four of them. So, I'm just kind of asking in,general. MR. KOMATA: I don't believe it was ever asked of Department of Hawaiian Home Lands, at least not in this negotiation. It wasn't a component in the original lease, so it wasn't something that was brought ulnas a condition going forward. It's something that the programs and activities and,the facilities that have been historically provided at the parks have always been maintained, managed, and operated by the County. Sol we were looking at moving forward with the same agreement. MR, KANEALI`I-KLEINFELDER: That applies to Lehia Beach Park as well? MR. KOMATA: No. So Lehia, part of the agreement, there's some work that Department of Hawaiian,Home Lands will be doing. They'll be installing and maintaining their own gate and signage at the back end of the Lehia Beach Park. The gates at the entrance would be the County's responsibility to maintain. MR. KANEALI`I-KLEINFELDER: What about the unimproved vehicular trail? MR. KOMATA: Yeah, everything within the park is the County's responsibility up until the gate that Hawaiian Home Lands will manage. And beyond that gate would be Hawaiian Home Lands will manage and maintain. MR.,KANEALI`I-KLEINFELDER: Okay. Thank you. CHR KAGIWADA: Thank you, Council Member. Council Member Onishi. MR. ONISHL Thank you, Madam Chair. And just a note, this area's called King's Landing for those who don't know. And it's a place where, during the past when Director Honma was the Director back in Mayor Kenoi's time, we had Page 7 GOEAC-16 August 19,2025 problems with people breaking the gates and so forth. I mean, we were always repairing that. I think we must have repaired the gate at least three or four times. So, at one point, it was kind of hard. I mean to either decide, do we fix it, or we don't. But having this agreement now, I mean, I guess now we can work with the partnership with DHHL. And as I mentioned, a section in there is for DHHL beneficiaries that they have that area. So, looking for,your guy's support. Thank you. CHR. KAGIWADA: Thank you, Council Member. Anybody else? Alright, seeing none. All those in favor of sending Resolution 263-25 to Council with a favorable recommendation,please say "aye. Vote on Res. 263-25: The motion to recommend adoption of Res. 263-25, was (Approved) carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada—7. Noes: None. " Absent: Committee Members Inaba and Kimball —2. Excused: None. Res. 264-25: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAI`I, DEPARTMENT OF H'AWAIIAN_HOME LANDS, FOR THE OPERATION AND MAINTENANCE OF PARK FACILITIES LOCATED ON LAND IDENTIFIED BY TAX MAP KEY NO:2-1-023:120, ALSO KNOWN AS HUALANI PARK Allows the County to continue operating and maintaining parks and recreation facilities at Hualani Park. Reference: Comm. 423 Intr. by: Council Member Kagiwada(B/R) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to recommend adoption of Res. 264-25. Seconded by Ms. Galimba. CHR. KAGIWADA: Go ahead, Director. MR. HONMA: Again, for the third time looking for your support for this particular lease agreement with Hawaiian Home Lands. This again is another 30-year lease that expired back in 2017. As we're pursuing improvements to that facility there, we need to get this lease done prior to getting the improvements moving forward. Page 8 GOEAC-16 August 19,2025 CHR. KAGIWADA: Thank you. Any questions or comments from the Council Members? Council Member Onishi. MR. ONISHL Thank you, Madam Chair. So, on another note, we are going to be moving forward with the renovations of Kawananakoa Gym, and we do have a partnership, which is the County with the State. And also, we're going to be hopefully in January OHA (Office of Hawaiian Affairs) will be chipping in for that renovations. So, we're hoping to get$10.5 million all with the combination of the three agencies. So that's something that we're looking for. And that vwill also help out the community. And again, we're going to be,stressing services to the homesteaders. Then after that it's the outside communities. So,`I'm asking for your support. Thank you. CHR KAGIWADA: Thank you so much. Anybody else? Alright,hearing and seeing none. All those in favor of approving Resolution 264-25 and sending it to Council with a favorable recommendation,please say "aye." Vote on Res. 264-25: The motion to recommend adoption of Res. 264-25, was (Approved) carried by the following voice vote: Ayes: Committee Members Galimbay Hustace, Inaba, Kaneali`i-Kleinfelder, Kieikiewicz, Onishi, Villegas, and Chair Kagiwada—8. Noes:' None. ;Absent: Committee Member Kimball — 1. Excused,- None. Res. 265-25. AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION(FAA), FOR A LEASE OF REAL PROPERTY AT THE GILBERT KAHELE RECREATION AREA Allows the FAA to place weather instruments on an existing water tower and to install a platform and frame for associated equipment. Reference: Comm. 424 Intr. by: Council Member Kagiwada(B/R) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to recommend adoption of Res. 265-25. Seconded by Mr. Hustace. CHR KAGIWADA: Director, back to you. Page 9 GOEAC-16 August 19,2025 MR. HONMA: Yes. Again, for another time, looking for your support in this agreement with the FAA to install their weather camera up there on Mauna Kea. Thank you. CHR. KAGIWADA: Thank you. Any questions or comments from Council Members? Alright, hearing and seeing none. All those in favor on approving Resolution 265-25 and sending it to Council with a favorable recommendation, please say "aye." Vote on Res. 265-25: The motion to recommend adoption of Res.,26i5-25, was (Approved) carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada—8. Noes: None. Absent: Committee Member Kimball — 1 Excused: None. CHR KAGIWADA: Bill,68,please. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 68: INITIATES AN.AMENDMENT TO ARTICLE VI OF THE CHARTER OF THE (Draft 2) COUNTY OF,HAWAI`I(2024 EDITION), RELATING TO THE ESTABLISHMENT OF A DEPARTMENT OF BUILDING Establishes a new Department of Building with the authority to regulate building and construction-r6latecl activities creates a Director of Building position appointed by the Mayor and confirmed by the Council; and establishes a Building Codes Commission to advise the Mayor, Council, and Director on building and construction-related matters. Reference: Comm. 376.3 Intr. by: Council Members Kierkiewicz and Hustace Postponed: July 22 and August 5, 2025 (Note: There is a motion by Council Member Kierkiewicz, seconded by Council Member Hustace, to recommend passage of Bill 68 on first reading.) (Note: Comms. 376.4 and 376.5 from Council Member Ashley Kierkiewicz, dated August 19, 2025, transmitting proposed amendments relating to Bill 68, Draft 2, were circulated.) Page 10 GOEAC-16 August 19,2025 CHR. KAGIWADA: Thank you so much. Council Member Kierkiewicz, would you like to kick us off? MS. KIERKIEWICZ: Sure, Chair. Just following up on the conversation we had at our last committee hearing. There were some suggested amendments brought forward by members of this body. So, I'll go ahead and dive into that so we can talk about it. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 68, Draft 2, with the contents of Comm. 376.4. Seconded by Mr. Hustace. CHR KAGIWADA: Go ahead, Council Member. MS. KIERKIEWICZ: Thank you, Chair. So,just cleaning up language in the section related to the Director,justrioting about the need for having; administrative capacity and removing:the word, `supervisory" on the following page for Section 6-11 (3)Powers, Duties and Functions. There were concerns raised around whether or not the individual,leading the department would have a professional license. So, changing the word"power"to "responsibility," implying that these are the things that must be carried out by the department and just providing a bit more clarity here about what exactly we are looking for this department to do in regard to issuing permits and conducting inspections, investigating complaints, and enforcing codes and ordinances. And then, being explicitly clear that the department head and the department in general, may initiate amendments to the Code. In the final section relating to the Building Codes Commission, again,just providing,a bit more clarity here about what the commission shall have the authority to do. I wanted,to just bring forward the amendment that Council Member Inaba had suggested'in the last hearing by removing, "As required under State law," and then making it very clear that the recommendations by this body will be sent to the Council or the Administration for their consideration and action. There was also something raised by Council Member Kimball regarding technical guidance and interpretation issued by the Director. We see the Planning Director doing this now with memos. And if this is something that we are going to be allowing the Building Director to do, wanting this body to evaluate that before it is publicized. So, I think this wraps up everything that folks brought forward in terms of concerns. But looking forward to folk's feedback and support. Thank you, Chair. CHR KAGIWADA: Thank you, Council Member. Council Member Hustace. Page 11 GOEAC-16 August 19,2025 MR. HUSTACE: Thank you, Chair. And mahalo to Council Member Kierkiewicz on working with her on this together and bringing all the thoughts and feedback from previous committee meetings. I also want to note that we took the recommendation from the dais here on the size of the commission. So, dropping that number down to seven members instead of the initial nine, trying to find that happy medium and balance between the suggestions here. So, thank you for the consideration and I appreciate your support on this as we take it further. Thank you. CHR. KAGIWADA: Council Members, questions on the amendment? Alright, seeing none. We have a motion on the floor ter amend Bilt 68, Draft 2, with the contents of Communication 376.4. All those in favor, please say "aye Vote on Motion The motion to amend Bill 68, Draft 2, with the contents of to Amend: Comm. 376.4 was carried,by the following voice vote: (Approved) Ayes: Committee Members,Gal imbal Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada—8. Noes: None., Absent: Committee Member Kimball 1. Excused: None. CHR. KAGIWADA: Alright, Council Member Kierkiewicz, would you like to move on to Comm. 376.5? Motion to Amend: Ms. Kierkiewicz moved to amend Bill 68, Draft 2, as amended;with the contents of Comm. 376.5. Seconded by Mr. Hustace, CHR. KAGIWADA: Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. It's a housekeeping measure that was suggested,by our Legislative Research Branch just making clear, you know, what becomes lave should the public vote for this particular Charter amendment. So, just looking for everyone's support on this. Thank you. CHR. KAGIWADA: Alright, anybody else on this? Alright. Seeing none, all those in favor of amending Bill 68, Draft 2, with the contents of Communication 376.5,please say, "aye." Page 12 GOEAC-16 August 19,2025 Vote on Motion The motion to amend Bill 68, Draft 2, as further amended to Amend: with the contents of Comm. 376.5 was carried by the following (Approved) voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada—8. Noes: None. Absent: Committee Member Kimball Excused: None. CHR. KAGIWADA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair, I don't have anything else. I believe we are back to the main motion. If there are other areas of concern that people would like to bring up, we're happy to have the discussion. If not, we can move forward with the vote that is on the floor. Thank you.. CHR KAGIWADA: Council Members, any questions or comments? Council Member Galimba, please go ahead. MS. GALIMBA: Thank you. Generally, in support of this. I think it's a good idea. I just don't know if we talked,about this or not so sorry for some repetition. So, as far as like fiscal impact, When in the process do we foresee that happening, or do you have any idea already of what it would require to stand up this'separate department? MS. KIERKIEWIGZ: Chair, if I might? CHR. KAGIWADA: Yes. Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Council Member Hustace and I wanted to make sure that all amendments to this bill were resolved before we send to the Finance Department with a request for a fiscal analysis. I didn't think that it would be wise to do that as,you know, language in the bill may change and may change that the nature of fiscal impact. And so, if we're good with this particular version,riow we will go through the motions of requesting that fiscal analysis from the Department of Finance that is a requirement by the Charter. So, we will be presenting that information to the Council once it's provided to us by the department. CHR KAGIWADA: Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder. Page 13 GOEAC-16 August 19,2025 MR. KANEALI`I-KLEINFELDER: Thank you. This is for the makers or to Corporation Counsel. My thought is, and I thought about this after our last hearing, if this is to pass—sorry at the committee level it gets voted in and it goes into effect, the existing configuration of government is Department of Public Works. Do we also need to reconfigure current Code and how the Department of Public Works breaks down as far as Director and the Building and Permitting Division, the Highways Division; does that section of Code need to be amended or is it automatically amended to exclude permitting because we have a new department coming into effect? MS. KIERKIEWICZ: Could I answer that? CHR. KAGIWADA: Yes, please. Go ahead, MS. KIERKIEWICZ: Thank you. And Corporation Counsel, feel free to weigh in if you feel that my answer is not sufficient. But I don't think we wanted to put the cart before the horse, Council Member. Should the voters adopt this particular amendment, then there would be the necessary work of cleaning up the County Code. Because if memory serves me, I do believe that the Building Division is listed in our code as a division of Public Works and that one of their functions is the permitting piece. So yes, all of that would need to be cleaned up. And I do think that just in the dialogue that we've been having as a body onlh s particular department, there would',be"additional language; more details that are not appropriate for the Charter but should be further spelled outin code. And that would be forthcoming once we hear from the voter next November. Thank you for the question. MR. KANEALI`I-KLEINFELDER: Thank you. Ms. Schoen, thoughts? MS IKIERKIEWICZ: She has nothing additional to add. MR. KANEALI`I-ILEINFELDER: Ms. Schoen, have you ever walked through a process like this before? (Note: At this time, Corporation Counsel Renee Schoen, came forward to address the members of the Committee.) MS SCHOEN: Good afternoon, Renee Schoen. I would say that I was at the County, but I have not gone through the details of walking through a separation of like DEM (Department of Environmental Management) from DPW (Department of Public Works). MR. KANEALI`I-KLEINFELDER: Okay. I'm interested in the process. I like the idea and actually years ago I thought above removing Highways and making it Page 14 GOEAC-16 August 19,2025 its own department. This in effect does something similar. But I always wondered about how that actually happens. So, it's good to see this moving forward. I like the idea. I'm just wondering about how it lands and what happens then. So, looking for some clarity as we approach,you know, telling people yes or just don't support this, and how it's going to lay out for the rest of the County. And even in alignment with Council Member Galimba's question, what the fiscal impact will be when we're dividing the two different departments. If you can, if you can maybe think on it? Maybe you and I can talk about,it offline, whatever. I'm just trying to wrap my head around how this looks in the end. MS. SCHOEN: Sure. Sure. No problem. We can do that. And I'm willing to look at details as to how this would all play out and whatcodes are affected; what needs to happen in HR (Human Resources), and then also with the Finance Department. And so, we have that chat offline. MR. KANEALI`I-KLEINFELDER:,�Okay. Thank you very much. Appreciate it. Thank you, Ashley. I yield, Chair. CHR. KAGIWADA: Okay. Thank you. Council Member Inaba. MR. INABA: Yeah. Just real quick regarding the clean-up of the County Code. You know, we serve two-year terms so it might be smart once we get this Charter amendment closer to the final stages to also bring forth that bill so we can get it maybe to second and final and hold it should the public pass it in the election, we'll be ready to pull the trigger and we're not trying to reimagine, we're seeing everything done concurrently and we're imagining it all up together. Just a suggestion for the next year-and-a-half that we have prior to the election. Thank you. I yield. CHR. KAGIWADA: Thank you, Council Member. MR. HENRICKS: Chair Kagiwada, can I just step in really quick? CHR KAGIWADA: Yes. Go ahead. MR. HENRICKS: Because we've been down these situations before where the Charter is amended by the citizens and then the Code, it doesn't align. The Council will take any actions after a vote is certified. And the Charter supersedes the Code so it would be in play, it would be law. It's a matter of amending the Code to bring it up to speed, so to speak, with the Charter. And any of those type of action should occur after the vote occurs to be clear to the public that it's their choice. Secondarily, talking about fiscal impact statements, I believe that the Council could ask for one now as part of its deliberations. Page 15 GOEAC-16 August 19,2025 However, the Code does state that the Section pertaining to fiscal impact statements does not apply to proposed Charter amendments, but I don't think that it should rule out the opportunity for the Council to ask for it because it just seems wise in its deliberations. But there will be a fiscal impact statement, an official one prepared by the department. If the Council passes this on three readings and it becomes an ordinance, it becomes a requirement of the Charter itself for the Finance Department to prepare a detailed fiscal impact statement that is presented to the voters on its website and other areas where there is voter education materials and we'll assist with that. Thank you. CHR. KAGIWADA: Thank you, Mr. Clerk.,Alright: Council Member Onishi, please go ahead. MR. ONISHL Thank you, Madam Chair. So,after this thing, what the Clerk mentioned—so my concerns was always about how much it's going to cost, right? And I have a hard time supporting this because we need to know as a body right now, like what's going to be the cost of creating this new department and like staff-wise, space-wise and so forth. I think we need to also make it clear to the voters on what they're going to be voting forand passing when they do that. So, I need to continue to, I guess,not support it untitl can see what is the numbers. Thank you. I yield. CHR KAGIWADA: Thank you. Alright I';ll just add my piece here. I feel a little bit similarly. I'd like to sec what the impact statement is before or at least what the fiscal,you know, knowing something about the numbers even if it's not the official impact statement before moving this on. I would prefer that. My question to the makers is just given that we don't know what the fiscal impact is yet, would the Building Codes Commission be something we could stand up regardless of whether we end up doing a separate Building Department or not; is that something you thought about at all? To the makers. MS. KIERKIEWICZ: Yes, Chair. It's something that we've considered separating out the creation of a new department, and then a separate bill that would establish this commission. I'm not a hundred percent certain if a Charter amendmentis required to create a commission, or that is something we can do in code. I n looking at Corporation Counsel Schoen, if she might have guidance because I know that there are some committees that are established via our Code and others are established in Charter. I'm not sure what the wisdom is behind the differing approaches. But it's definitely something that we can consider because I think there is a lot of merit in having a commission like this regardless of voters choosing to create a new department or not. CHR KAGIWADA: Great. That's kind of where I was going as well. I'm really very much in support of the Building Codes Commission. And like I said,just Page 16 GOEAC-16 August 19,2025 waiting on the separate department kind of maybe have more to do with the fiscal impact. So, do you have anything to add, Council Member Hustace? MR. HUSTACE: Thank you, Chair. And I'll just speak to that commission piece a little bit because, you know, that's the sense that we've had from the body here, you know, your support for the commission and kind of creating this opportunity for additional insight and review of code. So, that opportunity is there, and I think something could be had out of that regardless of where this goes and I would like to have that continued conversation. Soy thank you for your consideration. CHR. KAGIWADA: Okay, great. So, I guess— MS. KIERKIEWICZ: Chair? CHR KAGIWADA: Yes. Go ahead,'Council Member Kierkiewicz,,please. MS. KIERKIEWICZ: Thank you. I wanted,to reflect on a few things. You know, we will have some time before we need to move this forward to Council and insure the required three readings. So, I wouldbe fine to postpone this until our committee hearing in October, October 7t'. I'm,hoping that a month-and-a- half is sufficient time to work with 'Finance Department on the fiscal analysis. I agree with all of you that it's good to know what we're in for in terms of funding if we were to move forward with this idea. I know that Council Member Kaneah'i-Kleinfelder also talked about the mechanics of how a new department would,be stood up. When I was meeting with Director(Sommer) Tokihiro, our HR Director last year, I asked her if she could reach out to the City and County of Honolulu because they did go through the process of doing a similar reorganization for their Department of Planning and Permitting, I believe. So, she had the org chart and the structure and the movements of where folks went. So, I can ask her for just like a high-level summary, a report on like the mechanics of how all of that would work. Then Corporation Counsel Schoen, it would be great if we could get a summary of what happened when Environmental Management was set up when the Solid Waste and the Wastewater functions were removed from Public Works and created DEM. The other wondering I had was I don't really want to be confusing here, but perhaps we should think of a different name for the department; maybe like Permitting and Inspections. I want to put that out there that way, the Building Division within Public Works can remain as is and we can have just a new name Page 17 GOEAC-16 August 19,2025 for this department. Permitting and Inspections might be a little bit more accurate in terms of what the functions of this department will be. So just putting it out there and I can make a motion to postpone this until October 7 h. Thank you, Chair. CHR. KAGIWADA: Okay. Does somebody else have any comments or questions before the motion to postpone? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Corporation Counsel Schoen, I have one follow-up question on that commission. Can you please look intoI'm guessing you don't have an answer right now, on prescribing in the commission that the members may have substantial experience or expertise in building material supply, not one specifically. I mentioned this the last time, it was not addressed in the amendment, and it was not addressed today in any of the discussions. But specifically, if we put folks on a commission who sell materials in the County of Hawaii on a commission where we,also designate Building Code language, Electrical Code language, Plumbing Code language; and they sell materials in the County of Hawai`i, I do not want to create an area in our County where we have clearly a conflict of interest. So, I'm not looking for an answer now, unless you have one. But I would like you to look into the idea and any potential conflicts there may be with somethng,like that. MS. SCHOEN: Cando. MR. KANEALI`I-KLEINFELDER: Okay, thank you very much. I yield, Chair. CHR.. KAGIWADA: Alright. Council Member Kierkiewicz, would you like to make your motion? Vote on Motion Ms. Kierkiewicz moved to postpone Bill 68, as amended to Postpone. Draft 3, to October 7, 2025. Seconded by Mr. Hustace and (Approved carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada—8. Nees: None. Absent: Committee Member Kimball — 1. Excused: None. Page 18 GOEAC-16 August 19,2025 Bill 72: INITIATES AN AMENDMENT TO ARTICLES VI, CHAPTER 10, SECTION 6-10.3, OF THE CHARTER OF THE COUNTY OF HAWAI`I(2024 Edition), RELATING TO THE DIRECTOR OF ENVIRONMENTAL MANAGEMENT Requires the Director of Environmental Management to have experience in public administration, private business, or a related field; removes the requirement that the director needs to have an engineering degree or another degree in a related field. Reference: Comm. 400 Intr. by: Council Member Kierkiewicz Postponed: August 5, 2025:,'— (Note: - (Note: There is a motion by Council Member Kierkiewicz,,,seconded by Council Member Inaba, to recommend passage of Bill 72 on,first reading.) (Note: Comm. 400.1 from Council Member Ashley Kierkiewicz, dated > August 19, 2025, transmitting proposed amendments relating to Bill 72 was circulated.) CHR. KAGIWADA: Alright. Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair;I'm just going to diveright into the amendment. Motion to Amend: Ms. Kierkiewicz moved to amen Bill 72 with the contents of Comm. 400.1. Seconded by Mr:Inaba. CHR. KAGIWADA: Go ahead,Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, At the request of various colleagues at our last committee hearing,the need for providing a bit more specificity and the kinds of experience thatwe would want the Director of Environmental Management to have, I've added,things like engineering, solid waste management, wastewater treatment,,environmental policy, and regulatory compliance; as well as, rather than saying private business, business administration as the arenas in which we would want someone to have experience in. And then clarifying that two of those five years should be in an administrative capacity so that they do have experience in being able to lead and manage teams of people. Looking for everyone's feedback on this. Thank you, Chair. I yield. CHR. KAGIWADA: Thank you. Anybody have questions? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I like the amendment. Thank you. CHR KAGIWADA: Anybody else? No. Seeing none. I also appreciate the amendment. Thank you for bringing that forward. Alright, seeing no other lights, Page 19 GOEAC-16 August 19,2025 all those in favor of amending Bill 72 with the contents of Communication 400.1, please say "aye." Vote on Motion The motion to amend Bill 72, with the contents of Comm. 400.1 to Amend: was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz Onishi, Villegas, and Chair Kagiwada—8. Noes: None. Absent: Committee Member Kimball- 1. Excused: None. CHR. KAGIWADA: Back to the amended main motion. Council Member Onishi. MR. ONISHL Thank you, Madam Chair. I guess, to the authors, why are we doing this; I mean, was there a complaint err is the Administration having a hard time in getting a director? Because I don't think it has to be a licensed person, right? And so maybe, Mr;Hustace? MR. HUSTACE: It's not my bill. Sorry. CHR KA+GIWADA: It's Council Member Inaba and Kierkiewicz. MS'KIERKIEWICZ: No, it's with me. CHR KAGIWADA: It's just you. Sorry. MS KIERKIEWICZ: No. It's fine. CHR KA61WADA: Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: I love collaborating with both Council Members Hustace and Inaba.'' Council Member Onishi,you know, to your question, we've been through a number of administrations and Environmental Management continues to be an area that there isn't a huge pool of candidates for mayors to select from. So, this actually just opens up the opportunity to be able to consider folks that have expertise in all of these different areas and not just engineering. So, I don't see this as limiting at all. If anything, this provides more options to future administrations to consider qualified candidates to serve as the role of director. MR. ONISHL Okay. Because, I mean, I've heard through discussions, small talk with Director Segawa, he kind of was surprised when he found out it didn't Page 20 GOEAC-16 August 19,2025 have to be a licensed professional to be the DEM. So, he was kind of shocked because he thought it had to be that's why he got selected. So, to me, I guess, like what we're doing with Public Works, if we reduce it to just an engineer, we're doing that because we want to make, I guess that group of potential candidates to a bigger field. So, I don't see why we need to do this. But I guess it's something I just wanted to say. Thank you. I yield. CHR. KAGIWADA: Anyone else? Did you want to respond to that, Council Member Kierkiewicz? No. Okay. I'll just say, I'm'`not seeing a real need here. I guess I'm also feeling, I've mentioned this before that I feel like the payrate has been something that the Administration has brought to us several times, and I've heard discussed several times as one of the main issues why we can't get good people in these director positions. I was able to meet with Steve Pavao from the Salary Commission. They're going to be meeting at the end of this month and again in September. I will be providing them with a request to look at some of these director positions specifically to see if we can get the salary raised to something that's a little closer to what the private sector equivalence would be. And so, he thought that was a good idea as well. So,I„guess I'm a little hesitant to go forward with this before at least hearing whatthe Salary Commission can do over the next month- and-a-half around potentially raising the salaries for those positions. So that's my two cents. Alright:'Anybody else? No. Okay. Seeing none,we have a motion on the floor to send Bill 72 to Council as amended. All those in favor, please say "aye." Vote on Bill 72: The motion to recommend passage of Bill 72, as amended to (Approved) Draftl on first reading gas carried by the following roll call vote: ,Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Villegas —6. Noes: Committee Members Onishi and Chair Kagiwada—2. Absent: Committee Member Kimball — 1. Excused: None. CHR. KAGIWADA: Thank you very much. And with that we've concluded our business for this committee. Page 21 GOEAC-16 August 19,2025 ADJOURN- Seeing no further business, Chair Kagiwada adjourned the meeting at MENT: 3:01 p.m. Approved: Ms. Jenn Kagiwada, Chair (Date) Committee on Governmental Operations and External Affairs JK/dt Page 22