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HomeMy WebLinkAboutMIN LAAC 2026/04/21 (2024-2026) DRAFT Committee on Legislative Approvals and Acquisitions 24th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii April 21, 2026 CALL TO The regular meeting of the Committee on Legislative Approvals and Acquisitions ORDER: was called to order at 10:30 a.m., in the Council Chambers, Kailua-Kona, by Mr. Dennis "Fresh" Onishi, Acting Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair(via videoconference from Hilo) Mr. Dennis "Fresh" Onishi, Vice Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Ms. Jenn Kagiwada, Member (via videoconference from Hilo) Mr. Kaneali`i-Kleinfelder,Member Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Rebecca Villegas, Member Absent& Excused: Mr. Holeka G'roro Inaba, Member STATEMENTS The Acting Chain directed the Committee to proceed to the next order of FROM THE business, Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals;registered to speak on Res. 516-26 (Comm. 818), and,came forward when called by the Chair: Greg Gwen In support. Kealia Prince In support. Sariah DeGuair In support. Susie Osbourne In support. Diga Kern In support. LAAC-24 Api121,2026 ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 516-26: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS OR CONSERVATION EASEMENTS FOR ALL OR A PORTION OF THE PROPERTIES IDENTIFIED AS TAX MAP KEYS: 1-4-002:002, 017, 042, 047, 048, 058, 065, 072, 080, 082, 085, 092, AND 100,,ALSO KNOWN AS KUMUKAHI, SITUATED IN THE AHUPUA`A OF KULA, DISTRICT OF PUNA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire approximately 1967.96 acres of land that is listed as priority number three in the 2025 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission (PONC). Reference; Comm; 818 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Res. 516-26 on first reading: Seconded by Mr. Hustace. ACTING CHR. ONISHI: Go ahead Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. First, mahalo nui to all the community partners and ohana who have come out today to testify in support of this resolution. It's been years of effort to get to this actual point. Conversations about the protection of Kumukahi and the preservation and reinterment of iwi kupuna have spanned multiple Mayoral Administrations. Last year, in consultation with recognized lineal descendants and community partners, we wanted to take advantage of the opportunity that the PONC program provides to consolidate these properties so that there can be singular ownership within the County, and support for lineal descendants and community stewards to take ownership in stewardship of this very special and significant place. This process has been very collaborative; again, working with community partners, lineal descendants and reaching out to every single property owner to let them know about the opportunity that is presented through the PONC program. And happy to report that every single property owner is on board to either sell to the County or enter into a conservation easement. It's a very bare alignment to have all of those partners aligned and in agreement in moving their properties into this important program. Page 2 LAAC-24 Api121,2026 This resolution, again,just authorizes the beginning of conversations for acquisitions of properties, but all property owners stand ready to enter into those conversations with the Director of Finance. I'm also proud to say that we have community partners. You've heard from some of them today, from Ho'auhuli Hui and the Kuamo`o foundation that stand ready to be stewards when the moment comes for these properties to be acquired by the PONC program. Looking for everyone's support to forward this resolution to the Council with a favorable recommendation so that we can support community in thoughtful and coordinated stewardship of this very special place. Thank you, Chair. ACTING CHR. ONISHL Okay. Members in Hilo,just to let you know Property Tax management staff is here in Kona. So, if you folks have any questions for them, we can call them up. Any more in Hilo. MS. KIMBALL: Yes, Vice Chair Onishi,-- ACTING CHR. ONISHI: Okay, go ahead. MS. KIMBALL: I wanted to reflect that I couldn't be more supportive of this particular proposal. I think this is an example of exactly what PONC was intended for. ,This particular area has so many things that lend itself to this sort of preservation:action. Realizing it's a heavy lift to align all 'of those different owners, which was going to be my only question about it. But it sounds like all the due diligence has been done to line thatupas far as negotiation. But this would certainly be a real feather in the County of Hawai`i's cap to preserve this entire large area for the descendants artd for the community at large. So, couldn't be more supportive. Thank you, Council Member Kierkiewicz. ACTING CHR. ONISHL Go ahead, Ms. Kagiwada. MS. KAGIWADA: Thank you, Chair. Just lending my support, and also just Want to really thank the testifiers who came out today and lent their voices to this really important project. So, absolutely support and thank you, Council Member Kierkiewicz for drafting it and bringing it forward. I yield. ACTING CHR. ONISHL Okay, moving to Kona, Mr. Kaneali`i-Kleinfelder. Page 3 LAAC-24 Api121,2026 MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair Onishi. Just to the maker of the resolution, mahalo for bringing this forward; to the community, thank you for showing up and for understanding the importance of these parcels, both environmentally and culturally, for the District of Puna. Extremely supportive of preserving this for perpetuity. So, mahalo to everyone involved including our different offices in the County and for the PONC commission; very supportive. So, mahalo for everyone's work. Thank you, I yield. ACTING CHR. ONISHL Okay. Ms. Villegas, MS. VILLEGAS: I also want to express my deepest support for this purchase. And my gratitude to the maker of the resolution for bringing this forward and allowing us an opportunity to talk about it here at Council. I was never really aware of Kumukahi;,the location being the first point, that the sun when it rises as the earth spins is teuched'by the rays of the morning sunshine. And interesting enough, it was through a video made by Kumukahi Health and Wellness, in their renaming, thatI had the opportunity to be educated about this sacred and special place. So, I'm in full support of pursuing,the purchase of the property. Deeply grateful for all the leg work that's been done onihe front end to insure that we have willing sellers and community organization lined up to work on the stewardship of this land: So,,in full support. I just,have a quick question about something that we passed in Council; I believe it was lest year. It was my complete understanding, when the book with all of the Mayor's Office',the administration approves the PONC report. And it has all Ilse properties for that year, and we were no longer—prior we had to bring forth a resolution encouraging the Administration to move forward on the purchases of particular properties listed in those PONC lists. But based on that piece of legislation, that kind of transitioned the process. So, I want to make sure that, and I love that we're still bringing the resolution forward, because it didn't say we can't do that. And that's another way to have the conversation and bring the Administration the opportunity to see these special parcels that their communities are really in support. So, I just wanted to confirm, and can I ask you Shannon (Arquitola), if you could confirm that with me. If that is the case, because I would hate for any of us to be missing out on the opportunity based on a misunderstanding that we needed to still do that. MS. KIMBALL: Chair Onishi, I can respond to that if needed to. ACTING CHR. ONISHL Ms. Kimball, what did you say? Page 4 LAAC-24 Api121,2026 MS. KIMBALL: I'm sorry, this is Council Member Kimball. I can respond to that particular matter as well, if needed. ACTING CHR. ONISHL Well, we have management here, so, we'll let them do it. Go ahead. (Note: At this time, PONC Program Manager Benjamin Shapiro came forward to address the members of the Committee,) MR. SHAPIRO: Yes, thank you for your question,.,Ben Shapiro, Program Manager with the PONC team. Thank you very much: -Yes, that is the process. Once the Mayor's annual report from the PONC program is produced, then it goes to Council to pass resolutions, either individually for each property or as bulk which was done in the past. Ideally, individual resolutions. And then from there it goes on to the prioritized list. Where then, at the discretion,of the Mayor to receive or not next steps. MS. VILLEGAS: Okay, so, because we passed the Mayor's presentation of the PONC list, we don't necessarily have to bring forward resolutions on the specific parcels listed in that list, but we can still do that. MR. SHAPIRO: In order,for us to proceed, the resolution does need to be passed. So, in order to acquire property,there does need to be a resolution authorizing tale department to do so. MS. VILLEGAS It was my understanding that when we passed the resolution for the whole list, we were saying as a Council that we gave the Mayor's Office permission to move forward with any and all of the purchases on that list. MR. SHAPIRO,: For last year, that is correct. So, a bulk resolution was passed approving all properties. What I was referring to is that in order to proceed with any property, a resolution does need to be passed. But it's a bulk resolution or individual, any type of resolution needs to be passed. MS. VILLEGAS: Got you. That's just what I wanted to clarify. So, bringing forth single resolutions based on specific properties on that list is not necessary, but it's not prohibited, and it does provide us as Council Members in representing our communities the opportunity to have even more specific conversations about certain properties. MR. SHAPIRO: From my understanding, it's not necessary. Is it beneficial or helpful? You know, that's I think that's more of a Council matter of how messages get across and what's used as shared information. Page 5 LAAC-24 Api121,2026 MS. VILLEGAS: Thank you, Mr. Shapiro, I appreciate that. And then, Council Member Kimball, we can come right back to you. ACTING CHR. ONISHL Shannon, do you have anything else? (Note: At this time, Property Manager Shannon Arquitola came forward to address the members of the Committee.) MS. ARQUITOLA: Shannon Arquitola, Property Manager. No, Ben pretty much covered it. So, in the past, there have been bulk resolutions to pass. So, currently, we're working on the individuals—So, there have been two different ways that were used. So, thank you for bringing that up, so,we can explain different options. MS. VILLEGAS: Great. Thank you so much. So, I guess my next question is, because the next step is for the Mayor to authorize appraisal of this property. So, I wonder where we are potentially in that. MR. SHAPIRO: As I understand it again, it is in Committee currently, and then it goes to Council; then once it gets fully through`Council, the resolution is passed and voted on; then�itgoes fully ready to moue forward with appraisal or next steps. MS. VILLEGAS: The only thing I would say to that is, this property was passed in a prior1resolution as the bulk list. So, that was given authorization to move forward by the Council when that bulk resolution was placed. So, that is my concern, is thafthere would be any reason for pausing. Because essentially, when we passed the bulk list, we gave the Administration authorization to move forward: T,myself, have,you know, there's a property in my district that we're working closely with your'office and the Mayor, but I haven't brought forth a specific resolution,on that property because it was passed in the bulk list. MS. KIEkKIEWICZ: Council Member Villegas, I apologize. I think you might be referring to a different property in Puna, Honolulu Landing which was part of the bulk list that was from the report in 2024. This Kumukahi property is originating from the PONC commission report in 2025. Two different properties. MS. VILLEGAS: No, I've got that. But the list that came out, we passed a resolution approving the whole list for this last cycle, correct? Okay. MS. KIMBALL: Chair Onishi, can I clarify? Page 6 LAAC-24 Api121,2026 ACTING CHR. ONISHL Hold on, let's have Ms. Villegas finish up first. MS. VILLEGAS: I'm just trying to get clarity in all of this because I don't want any of us to end up in situations where our understanding was, we passed the bulk list, even most recently. I'm currently working with a broker and property owner and you guys on all of that. And I have passed resolutions a number of times in prior terms for properties when the requirement was still to bring this single—and our approving of the list did not approve all,the properties on the list and give the Administration permission, right? But Chair Inaba brought forth legislation to change that with the hopes of streamlining the system, so we didn't have to+bring individual ones forward. But that the whole list was approved, so the Administration had,authorization to move forward. And we didn't have to come back to Council`with the individual properties and get it passed on each reading in order to move forward. Sorry, if I'm muddying the water by trying to clarify. MR. SHAPIRO: No, that is correct. I mean it can be a bulk resolution as we've done previously, or individual resolutions like we heard today for Kumukahi. So, it's really a decision'of the Chair, I believe, car the Council of how they wish to proceed. MS. VILLEGAS: Okay. But I suppose my point of concern here is that bringing itforth individually is just an extra. When it's passed as a bulk, that gives you guys permission as the Administration to move forward. And we have Jean Campbell. Maybe we'll let her nail that. Thanks. ACTING CHR. ONISHL Go ahead in Hilo, Ms. Campbell. (Noto At this time, Deputy Corporation Counsel Jean Campbell came ,forward to address the members of the Committee.) MS. CAMPBELL: 'Good morning, everyone. Jean Campbell, Deputy Corporation Counsel. I work with the PONC Commission on this program. I think there is a little bit of confusion here. What Council Member Villegas is concerned With is, once we have a resolution for a property, do we need to make another one? And the answer is, no,you don't. But I think the confusion that's coming up right here is that Kumukahi was not part of that bulk resolution list from 2024. And so, this is actually, in fact, the first time a resolution for Kumukahi is coming forward. So,your concern is real, but also slightly misplaced. So, the way the system as a whole works, and I know most of you know this; I think everybody knows this, but I'm just going to restate it for the record anyway. Page 7 LAAC-24 Api121,2026 The commission evaluates all the suggestions each year. They put together their annual report which goes to the Mayor. By the end of the year that year, the Mayor forwards it with any comments. Typically, we haven't ever seen much in the way of comments from the Mayor. And that list comes to the Council. And in order for any property to be actively acquired by the County, it needs a resolution from this body. And that is pursuant to 2-218 of the Hawaii County Code. You do need to pass a resolution. Only once that I'm aware of in the history of the program, have we seen a bulk resolution that had multiple properties on it. And that was our 2024 resolution. We didn't actually change the Code to allow for that:, Tthas never been either required or prohibited in the Code. The Code just says that the Council has to pass a resolution in order to authorize the bisector to go and negotiate something. So, in 2024, we had that bulk resolution which did include, as Council Member Kierkiewicz pointed out, Honolulu Landing. It did not include Kumukahi. Kumukahi made it on to theCommission's list in 2025. So, this is its first resolution. Once we have that resolution, then, and I think this is what Ben was getting to, is, once we have that resolution from the Council, then things like getting an appraisal; doing due diligence and'a11 of those other processes will—you know, nothing can begin,until that happens. So, we have in the past seen nominated properties get multiple resolutions, which is also not prohibited but it's not required. So, Honolulu Landing for example, has a resolutions I think, if I'm remembering correctly from many years ago. It was one of the very early projects that was suggested to the Commission near its inception, and it gota resolution at the time. It was suggested again; got a new resolution: So, we have multiple resolutions, and we have several instances of that. ACTING.CHR. ONISHI: Ms. Villegas, does that answer your question? MS. VILLEGAS: That does answer your question, Ms. Campbell. And so, I'll go back and make sure that the properties in my district that we're working on were included in that bulk resolution. Otherwise, I want to make sure that I'm on it to bring forth a separate resolution. Sorry, thank you, and you're welcome for having this deeper dive conversation. Because I understand that Kumukahi wasn't listed in that bulk list, which is why it needed to be brought up again. Really appreciate that. In complete support of this resolution and the utilization of PONC funds to move forward with the purchase on this property for the people and this place, and the perpetuation of cultural practices and connection. So, to culture. Appreciate it, I yield. Page 8 LAAC-24 Api121,2026 ACTING CHR. ONISHL Okay. Any other members in Kona? Anyone else in Hilo? Okay, hearing or seeing none, all those in favor of approving Resolution 516-26 with a favorable recommendation to the full Council please say "aye." Those opposed? Vote on Res. 516-26: The motion to recommend adoption of Res. 516-26 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Galimba,Hustace, Kagiwada, Kaneali`i-Kleinfelderz Kierkiewicz, Kimball, Villegas, and Aging Clair Onishi —8. Noes: None. Absent: Committee Member Inab — 1. Excused: None. ACTING CHR. ONISHL Motion carries. This concludes our meeting. The time is 11:01 a.m., and this meeting is adjourned. Thank you. ADJOURN- There being no further business, Acting Chair Onishi adjourned the meeting MENT: at 11:01 a.m. Approved: Ms. Heather L. Kimball, Chair (Date) Legislative Approvals and Acquisitions Committee HK/dt Page 9