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HomeMy WebLinkAboutMIN GOEAC 2026/06/02 (2024-2026)Committee on Governmental Operations and External Affairs 351h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii June 2, 2026 CALL TO The regular meeting of the Committee on Governmental Operations and ORDER: External Affairs was called to order at 9:00 a.m., in the Council Chambers, Hilo, by Ms. Jenn Kagiwada, Chair. ROLL CALL: Present: Ms. Jenn Kagiwada, Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Mr. Holeka Goro Inaba, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Mr. Dennis "Fresh" Onishi, Member (came in later) Ms. Rebecca Villegas, Member Absent & Excused: Mr. Matt Kaneali`i-Kleinfelder, Vice Chair STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: COMMUNI- CATIONS: CHR. KAGIWADA: I believe Council Member Onishi will be joining us when he can. So, we're going to take everything in order except for Resolution 577; will go to the bottom of the agenda. The Chair directed the Committee to proceed to the next order of business, Statements from the Public on Agenda Items. The following individual registered to speak on Bill 165 (Comm. 915), and came forward when called by the Chair: Debra Ward: In support and comment. CHR. KAGIWADA: Thank you very much. Let's go ahead and read in Communication 40.7, please. The Chair directed the Committee to proceed to the next order of business, Communications. GOEAC-35 June 2, 2026 Comm. 40.7: HAWAI`I STATE ASSOCIATION OF COUNTIES' FEBRUARY 17 AND MARCH 23 2026, EXECUTIVE COMMITTEE MEETING MINUTES From Council Member Heather L. Kimball, dated May 14, 2026. Motion to Close File: Ms. Kimball moved to close file on Comm. 40.7. Seconded by Mr. Hustace. CHR. KAGIWADA: Council Member Kimball. MS. KIMBALL: Yes, just happy to take any questions regarding the meeting minutes from the Executive Committee and wanted to note for my colleagues that the next Executive Committee meeting will be here on Hawaii Island in person. So that is going to be on the 22"d of June from 10:00 (a.m.) to 2:00 (p.m.). You're all welcome. CHR. KAGIWADA: Alright, any comments or questions? Seeing none, all those in favor of closing file on Communication 40.7 please say "aye." Any opposed? Vote on Comm. 40.7: The motion to close file on Comm. 40.7 was carried by Filed the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kimball, Kierkiewicz ,Villegas, and Chair Kagiwada — 7. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder and Onishi — 2. Excused: None. CHR. KAGIWADA: Thank you. Communication 910 please. Comm. 910: NOMINATION OF TRISTIE LICOAN TO THE LIQUOR COMMISSION From Mayor C. Kimo Alameda, dated May 14, 2026, requesting the Council's review and confirmation. Requires Council Confirmation by: June 27, 2026 (Section 13-4(k), Hawaii County Charter) CHR. KAGIWADA: Mr. Alameda, would you please introduce the Mayor's nominee. (Note: At this time, Executive Assistant to the Mayor Micah Alameda and the nominee came forward to address the members of the committee.) Page 2 GOEAC-35 June 2, 2026 Vote on Comm. 910: Ms. Kierkiewicz moved to recommend confirmation of the nomination (Approved) of Ms. Tristie Licoan to the Liquor Commission. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kimball, Kierkiewicz ,Villegas, and Chair Kagiwada — 7. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder and Onishi — 2. Excused: None. Mr. Alameda provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. CHR. KAGIWADA: Thank you so much. Comm. 911: NOMINATION OF ANNA LIU TO THE BOARD OF APPEALS From Mayor C. Kimo Alameda, dated May 14, 2026, requesting the Council's review and confirmation. Requires Council Confirmation by: June 27, 2026 (Section 13-4(k), Hawaii County Charter) (Note: At this time, Executive Assistant to the Mayor Micah Alameda and the nominee came forward to address the members of the committee.) Vote on Comm. 911: Ms. Kierkiewicz moved to recommend confirmation of the nomination (Approved) of Ms. Anna Liu to the Board of Appeals. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kimball, Merkiewicz ,Villegas, and Chair Kagiwada — 7. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder and Onishi — 2. Excused: None. Mr. Alameda provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Page 3 GOEAC-35 June 2, 2026 CHR. KAGIWADA: Thank you so much. Alright with that we will go to Resolution 576, please. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 576-26: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAI`I, DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM, TO RECEIVE A GRANT FOR THE KONA LOW BUSINESS RECOVERY PROGRAM Allows for the receipt of $500,000 to be provided to eligible Hawaii Island small businesses that sustained material economic or physical damage from the recent Kona Low storm. Reference: Comm.912 Intr. by: Council Member Kagiwada (B/R) Motion to Approve: Ms. Kierkiewicz moved to recommend adoption of Res. 576-26. Seconded by Mr. Hustace. CHR. KAGIWADA: With that, I have Deputy Director Lin here. Would you like to come and just give us a little background on this resolution, please. (Note: At this time, Research and Development Deputy Director Dennis Lin came forward to address the members of the Committee.) MR. LIN: Good morning, Chair, Vice Chair and Council Members. Yes, just a little background on this. We were contacted by DBEDT (Department of Business, Economic Development, and Tourism) roughly at the end of April saying that the Governor had released $5 million from their Major Disaster Fund to help with small businesses who suffered any damages from the Kona Lows in March. The breakdown of it was $4 million went to City and County of Honolulu; and then $500,000 each to Maui and Hawaii Isl1hd; KEhEi receiving none becEbse they didn't receive any damage. There's been some back and forth between DBEDT and our office just trying to get everything on the same page. What we have here is the MOA (Memorandum of Agreement) as well as the program guidelines is still kind of a work in progress as we finalize some of the details. One of the things they told me last week is that they're going to extend the deadline for us to distribute these funds. So, we will have up until Page 4 GOEAC-35 June 2, 2026 August 3151, 2026 rather than June 30 of this month. So that gives us a much better timeline to get these monies out. But happy to answer any questions that you may have. Thank you. CHR. KAGIWADA: Thank you so much, Deputy Director. Anybody have questions? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Deputy, it's great to see you. So, I just want to confirm, these are grants to small businesses that have suffered damage from this storm? MR. LIN: Correct. MS. KIERKIEWICZ: Okay. And then, would these individuals also be eligible for other funding that's coming from the Federal Government through the SBA (Small Business Administration)? I'm just curious about the braiding of funding where some folks might say double dipping, but I can only assume that folks are not going to be made whole by any kind of grant that's being awarded. MR. LIN: Correct. So, what we're trying to see and that's the kind of discussion between us and DBEDT, is making sure that the duplication of funds, right? So, their requirement is that we have to try and verify whether or not they've already gotten SBA, FEMA (Federal Emergency Management Agency), you know, other types of resources if it's for the same type of request. So, for example, if they're looking for rent relief, or you know, one month's rent because they haven't been able to operate for one month. Have they already used that request with another entity? If not, then could utilize these funds to say, "Okay, we're missing out on one-month's rent," or "We're trying to replace equipment or inventory that was lost." But that's still kind of the thing that we're trying to figure out how do we verify that, right? If they have already applied to SBA or if they already applied for individual assistance through FEMA. MS. KIERKIEWICZ: Then, where can individuals find information about the application about this program once the form goes live? MR. LIN: So, we'll actually be using the same system as our impact grants. So, it'll be under our funding opportunities page on our website. MS. KIERKIEWICZ: Okay, and you'll go full -court press making sure social media, press releases are out there. And then, did you say when we can anticipate the application being published online? Page 5 GOEAC-35 June 2, 2026 MR. LIN: Once we get this resolution approved, then the Mayor can sign on the MOA. And then, all the Governor's office waiting for is that MOA so they can distribute funds. MS. KIERKIEWICZ: Okay, so, it's sounding like possibly early July? MR. LIN: It could be earlier than that because the Governor is trying to close out the fiscal year on their side. MS. KIERKIEWICZ: Got it. And then the turnaround times in terms of applying for the grant and when folks will know if they've received an award? MR. LIN: So, how this will work is once we get the application live. So, we expect July 151 would be the hope if we can get everything distributed to us. It's on a completion basis. So, what we'll ask is, you know, financial statements, your organizational documents, and it's going to based off of, "Did you submit a complete application?" Because we're not going to go in to try to assess whether or not your invoice that you got from your contractor for whatever is accurate; we're just looking for, "Did you submit all the information that was required for this application, and does it justify the request that you're asking for?" MS. KIERKIEWICZ: Great. And you folks will host webinars so that folks can be walked through the application process; provided all the requirements are met. MR. LIN: Now that we have time, we will definitely want to do that. MS. KIERKIEWICZ: Great. Thank you for taking this additional kuleana on. Please let us know if there's anything that we can do to promote this opportunity out to our constituents. MR. LIN: Thank you, Council Member. MS. KIERKIEWICZ: Thank you, I yield. CHR. KAGIWADA: Thank you, Council Member. Very good questions. Council Member Hustace. MR. HUSTACE: Thank you, Chair. It was just a question on timing because this is the original path that the resolution would have originally taken, right, with the deadline of June 30w? First reading today, and a second reading in two weeks. So, you would have only had about seven working days to issue all the grants out? Page 6 GOEAC-35 June 2, 2026 MR. LIN: Yeah, so that's why the other counties had requested DBEDT because they had the same issue. You're like, we can't get it out by June 30t'. So, luckily last week, DBEDT did provide a better update on flexibility on the timeline. So, we were very worried about that. So, there was just a lot of waiting on DBEDT's part to get us that date. MR. HUSTACE: Okay, that's good to hear. Thank you for working with them. MR. LIN: I was very worried myself. MR. HUSTACE: Yeah, well just putting that strain and trust on your office and then trying to get all the information out, award all these grants in that short amount of time. So, thank you, Deputy Director. MR. LIN: Thank you. CHR. KAGIWADA: Anybody else? Council Member Kimball. MS. KIMBALL: Thank you, Deputy Director. I know in the MOA, the administrative cost is capped at five percent; given that this is piggybacking on the existing grantmaking platform. Does that seem like a sufficient amount for administrative costs to date? MR. LIN: Yeah, so the reason why they actually have that five percent is because of the different jurisdictions, right, they're using different programs. So, their programs needed an additional fee to administer the program. Whereas for us, I told the Director maybe we should just utilize the whole $500,000, but it depends if I need to pay any overtime for my staff to process all these applications. So, we wanted to leave that in for now. MS. KIMBALL: Right, okay. But you think that should be sufficient? MR. LIN: Yes, that should be more than sufficient. MS. KIlVIBALL: Alright. Just a note on the dates, I think it would probably be ideal to swap out the MOA communication with one that actually reflects that date change. Just so that, you know, we're approving something. MR. LIN: So, that revised date change is waiting for the Deputy Attorney General's review. MS. KIMBALL: Well, hopefully, we'll get it by the Council hearing. MR. LIN: I hope so, by the 17"i Page 7 GOEAC-35 June 2, 2026 MS. KIMBALL: Okay. Thank you, Deputy. CHR. KAGIWADA: Thank you, Council Member. Anybody else? Okay, seeing no other lights, thank you so much Deputy Director for bringing this forward. All those in favor of sending Resolution 576 to the full Council with a favorable recommendation, please say "aye." Any opposed? Vote on Res. 576-26: The motion to recommend adoption of Res. 576-26 was (Approved) carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kimball, Kierkiewicz ,Villegas, and Chair Kagiwada — 7. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder and Onishi — 2. Excused: None. Change Order As directed by the Chair and with no objection from the Council Members, of Business: the following items were taken out of order: BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 164: AMENDS CHAPTER 2, ARTICLE 13, DIVISION 2, SECTION 2-69, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE HOUSING ADMINISTRATOR Requires Council confirmation for the Housing Administrator. Reference: Comm.914 Intr. by: Council Member Onishi Motion to Approve: Mr. Hustace moved to recommend passage of Bill 164 on first reading. Seconded by Ms. Kierkiewicz. CHR. KAGIWADA: We do not have the maker here. Would you like to make a motion, Council Member? Motion to Postpone: Mr. Hustace moved to postpone Bill 164 to June 16, 2026. Seconded by Ms. Kierkiewicz. CHR. KAGIWADA: Any input? Alright, seeing none, all those in favor of postponing Bill 164 to our June 16, 2026 Committee hearing, please say "aye." Any opposed? Page 8 GOEAC-35 Vote on Motion The motion to postpone Bill 164 to June 16, 2026, to Postpone: was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Inaba, Kimball, Kierkiewicz ,Villegas, and Chair Kagiwada — 7. Noes: None. Absent: Committee Members Kaneah'i-Kleinfelder and Onishi — 2. Excused: None. STATEMENTS FROM THE PUBLIC ON BILL 165 (Comm. 915): Bill 165 Motion to Approve: June 2, 2026 CHR. KAGIWADA: Motion passes. Thank you so much. Okay, could you go on to Bill 165, please. The Chair directed the Committee to proceed to the next order of business, Statements from the Public. The following individuals registered to speak and came forward when called by the Chair: Eileen O'Hara: Amadeo Markoff: Comment. In support. INITIATES AN AMENDMENT TO ARTICLE X OF THE CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO PUBLIC ACCESS. OPEN SPACE. AND NATURAL RESOURCES PRESERVATION Increases the annual allocation dedicated to the Public Access, Open Space, and Natural Resources Preservation maintenance fund from 0.25 percent to 0.5 percent of real property tax revenue; removes the accrual limit for the fund; provides that all expenses from the fund must align with the fund's purpose; and authorizes the awarding of grants from the fund. Reference: Comm.915 Intr. by: Council Member Kierkiewicz Ms. Kierkiewicz moved to recommend passage of Bill 165 on first reading. Seconded by Mr. Hustace. CHR. KAGIWADA: I see that we have our Property Managers here from the Department of Finance, Ms. Arquitola and Mr. Schapiro. And I will turn it over first to the maker of this bill. But just letting everybody know that they are here to answer questions as well. Go ahead, Council Member Kierkiewicz. Page 9 GOEAC-35 June 2, 2026 MS. KIERKIEWICZ: Thank you, Chair. Earlier this year, our office convened a summit called PONC (Public Access, Open Space, and Natural Resources Preservation Commission) and Practice inviting individuals that are part of the County in standing up and supporting this program. Community members who birth the idea of a PONC program, and you know, drove the ballot initiative to get the program in the Charter; individuals that have been involved in every aspect of the land acquisition process and nonprofit stewards who accept the kuleana of taking care these properties so that they are preserved and cared for in perpetuity. Some of the biggest frustrations that came out of the summit were just the lack of understanding and clarity about how to move forward on things when there's so much detail in the Charter. It actually constrains the County's ability to implement. And that's caused a lot of frustration by our community partners. There was widespread agreement that the Charter is more appropriate for the thematics; insuring that the program is there, that funding is allocated, and the details of implementation belong in the Code, especially if there is a need to adapt in the future and add additional activities that may have been forgotten. And we have found that out the very hard way over these last few years that there are number of activities in the Charter that are actually missing that have really constrained a nonprofit's ability to do work. I'm putting this forward to start the conversation. What it does is, it increases the amount of funding that's available for stewardship. We want this program to be successful. We want more lands to be acquired. And the reality is, more financial resources will need to be available in order to properly manage those parcels. I've also removed the $3 million cap and then noted that any funds that were not spent will remain in that fund, rather than going into the General Fund so that monies can accrue. It's hard work. It's expensive to care for properties. I think we see that when we through our annual budget and how little like Parks has to care for the hundreds of properties that are under its jurisdiction. I just want to make sure that our community partners have what they need to be successful. The timing on this is very tight. If we are to move on getting this onto the ballot, it would have to pass out of Committee and get through reading at Council. Page 10 GOEAC-35 June 2, 2026 One of the things that I shared with the PONC Summit Hui who I have been actively in communication with, you know, every draft iteration of the bill; and we've had a few, including a whole rewrite that I did not advance. But I made it a point to be collaborative with folks that have shown up to the summit, so that, they're aware and can provide mana`o in the legislation. The idea was to get this bill passed so that it can be placed on the ballot, and in the interim using the summer months to work on the Code piece that would articulate all of the stewardship activities. So basically, what was stricken from the Charter would be moved into a Code amendment that the Council can begin to deliberate on after the bill to place this measure on the ballot is passed. We could also pass that Code amendment and then it would be there preemptively, so that, when and if the Charter amendment passes, the voters support it. All of those stewardship activities in the Code would automatically become law. So, happy to answer any questions and just appreciate the support of community in wanting to do the hard work around insuring the long-term viability and sustainability of this important program. Thank you. CHR. KAGIWADA: Thank you, Council Member Kierkiewicz. Anybody else? Council Member Villegas, go ahead. MS. VILLEGAS: Thank you, Council Member Kierkiewicz, for taking this up and creating a summit and getting everybody at the table. A lot of different voices but similar passion and desire for the long-term stewardship of public lands. Because I'm sure a lot of you have received a number of emails from very passionate and concerned people who have participated in this process and the stewardship of the lands, or kind of the creation of the whole program. Having been a part of a nonprofit that relied on maintenance funds, I remember first hand being asked to provide a report on the work that had been done for the prior six months, but we never got the money. So, you're trying to justify expense when you haven't got the money. So, we have really come a long way in the last eight years, and the transitioning of funds from Parks and Rec to Finance was great. In trying to get clarity on the good; the bad; and the ugly or if it's the good; the great; and the better, it sounds like the intention of this legislation; everything got put in the Charter, right, which has been cumbersome, which has created a lot more work than is necessary. So, the goal is to simplify what's in the Charter and then add something to the Code, so we don't lose. That's what I'm hearing from constituents, is this fear that things are being taken out and that they would become a loophole or create negative consequences. Page 11 GOEAC-35 June 2, 2026 My concern is I would like to see all that happen, it's just on the timing, right? We're done December 7' at 12 noon. So, the Charter amendment comes on the General Election, correct? So, that doesn't happen until November. So, I guess I have concerns, unless we have the Code amendments happening concurrently, I just get concerned that the Charter amendment could pass, and we're not here to follow up with the Code amendments. Maybe it's control issues, maybe it's just because life happens and things fall apart. But I think it leaves us very vulnerable as a County if the Code changes aren't concurrent. So, that's my concern here, is the timing. Is it possible? Yes, another two years to have to wait would really stink, but in your wisdom, I've heard you say many times, doing it right is more important than leaving us vulnerable by removing things and then if they don't get put back where they need to go, we get screwed. So, thank you. Those are kind of my thoughts on this. CHR. KAGIWADA: Thank you, Council Member Villegas. Council Member Inaba. MR. INABA: Yes. Thank you, Council Member Kierkiewicz, for introducing this bill. In reading through some of the testimony provided, expressing concern about removal of some of this language from the Charter, I do think removal from the Charter and into the Code is more appropriate. And the meat I would say of what the Maintenance Fund is and how we are allocating money there; what the whole point of this section is, remains in the Charter. So, I full-heartedly support this. Following up on Council Member Villegas' comments, I do think we should have a companion bill soon to march through prior to the end of this term. Assuming that this would pass and even if it doesn't, perhaps just having the mirrored language there in the Code, even if it does pass; language that doesn't conflict with what is in the Charter and what the purpose of the Maintenance Fund is and the Charter. But I think this cleanup is really good. I don't think any other section of the Charter is as nitty-gritty as this. So, to put it in line with how we normally do things is a good approach. So, I'll be supporting, thank you. CHR. KAGIWADA: Thank you, Council Member Inaba. Council Member Kimball. MS. KIMBALL: Yeah, thank you for raising this for discussion. I've had an opportunity to have some conversations with the PONC commissioner that represents my district, and she's given me some creative ideas about this. Page 12 GOEAC-35 June 2, 2026 I will agree with Council Member Inaba that this section of the Charter has always stood out to me for its level of detail, which is just unusual compared to other sections of the Charter. I'd like to hear from Finance just to give us a little background on what is the current income roughly year to year that we've been getting for the stewardship funds and how much we have rolled over in recent years. (Note: At this time, Deputy Finance Director Malia Kekai came forward to address the members of the Committee.) MS. KEKAI: Okay, thank you. Malia Kekai, Deputy Director of Finance. So, currently what is going to be budgeted for the new year, right, a quarter percent is $1,396,750. That's what we'll be going into the fund. And we did go back to the fund balance; currently, we have $3 million in the fund balance. So, we are pulling some of that from fund balance also into this next year. So, I think we have about, actually, $1.8 million budgeted for this coming fiscal year with all of the plans that we have in place Historical spend is about $500,000, but we do forecast that will increase over the years. MS. KIMBALL: So, are you speaking on behalf of the Finance Department? Are you folks okay with the increase and the removal of the cap? MS. KEKAI: I think we're generally supportive of that increase knowing that we are aggressively purchasing a lot more properties than previously. But I think with the fiscal responsibility in mind that we've been talking about this whole budget season, it's more like, if we could make it budget -neutral where instead of bumping it, we pull it either from the Preservation Fund or with the understanding that if we did run out of money for the maintenance, that we could pull it from that fund, knowing that it has a lot more money in that fund. Maybe that would be a better way to have flexibility. And the last concern is basically like if we are in a shortfall, you know, are we able to have some flexibility to maybe take some of those funds that we don't need for mandatory maintenance and something that we could use to save another program on the other side. MS. KIMBALL: Yeah, I like that idea of having some flexibility, and I think that's something that can be incorporated into what Council Member Kierkiewicz has put forth with some minor changes. I have been concerned as well that the more properties we have acquired, particularly some large parcels, that money is not going to be sufficient to cover our kuleana to protect that space. Especially, I know in Council Member Hustace's district, you have PONC parcels that have had no stewardship or maintenance. In fact, people don't even know that they're PONC properties. Page 13 GOEAC-35 June 2, 2026 We have other easements and stuff that the County has ownership of that have not been maintained. So, I do see the need for more funds in this, as well as additional flexibility. Thank you, Deputy Director. If I may ask Mr. Schapiro if you'd come up and just reflect on this a little bit and give us your thoughts on the changes. (Note: At this time, PONC Program Manager Ben Schapiro came forward to address the members of the Committee) MR. SCHAPIRO: Hi, Ben Schapiro, PONC Program Manager. In just being asked in general, my thoughts, I would echo Malia's sentiment and just the role of the Department of Finance sentiments that you know, we do have plans for increased management costs. So, additional resources would be useful. But you know how could we possibly, as Malia said, make the budget neutral where we would possibly have some flexibility between the Acquisition Fund and the Maintenance Fund to be able to possibly combine those resources in some way to allow more flexibility to avoid larger budget impacts for the County. As one comment, talking about historical spending, you know, we have consistently been at the threshold of $3 million for a number of years. So, I think the funds are there. And speaking to Council Member Hustace, what we need is more stewards. You know, that's what we really need, especially, as we acquire more property and take on more management responsibilities; having more partners from the community and more stewards aligned would be very helpful. MS. KIMBALL: Agreed, and I think if we could provide assistance, and I know this is something you folks have been working on in helping potential stewards develop robust management plans. I mean, I think that over the years the different stewardship organizations that I've seen really run the gamut from having a very detailed plan knowing exactly what they're going to do to really having no real sense of the work. So, you know, that's feedback I've gotten from commission members is we should, as a County, provide more support to potential stewards in developing those management plans because we do have some of those resources. So, to Council Member Kierkiewicz, I'd be curious in your thoughts about this flexibility. I could see that being very good, but also, very bad without the appropriate guardrails. So, I'd be interested to know if you considered it a little bit, your thoughts around that. Page 14 ICTOWITWIbi June 2, 2026 I will say just to kind of echo my colleagues, Inaba and Villegas, I would like to see the Code amendment before, and I'm willing to pass this today, so that we continue to have conversations about it and give you time to present that to us. But I would not feel comfortable passing this forward until I also saw the Code amendments. And I do see the merit in doing that, but I wouldn't be comfortable until I have that in front of me, at least for consideration. Thank you. CHR. KAGIWADA: Thank you, Council Member Kimball. Council Member Galimba, please go ahead. MS. GALIMBA: Thank you, Chair. So, thank you for doing this work, Council Member Kierkiewicz. I totally agree on simplifying the language in the Charter part of it. And I think you made a good stab at it with the language that you have here in keeping it simple and yet, capturing the essence of what needs to be articulated. There may be some tweaks. For me, actually, the part that I get stuck on is the increase to a half percent. I mean, I'm very supportive of the Maintenance Fund and see that it could go up in the future, but we're not seeing it now. So would definitely be interested in revenue neutrality perhaps, so that we're not taking more money out of the General Fund at the time when we are really needing it; or perhaps doing these changes in the Charter to provide more flexibility so that more folks can apply potentially for the Maintenance Fund, and if we see the need in another two years, raising that half percent or coming up with another way to provide those funds as necessary. I know that makes things complicated, but that for me is kind of a sticking point. At this point, we're having trouble finding people to apply, and yet there's all this money. So, perhaps it isn't the matter of not enough money so much as providing that flexibility and encouragement to folks to be the stewards. Thank you. CHR. KAGIWADA: Thank you, Council Member Galimba. Council Member Hustace and then back to the maker. MR. HUSTACE: Thank you, Chair. Appreciate the conversation, and appreciate this bill before us. And really in support of the PONC program and the acquisition process. Not really that familiar with the maintenance side of it for sure. I mean, in the Kohala region, a lot of projects sit on the list and never been acquired. Some have been acquired; some are in the process of all different facets. And many have not gone after the maintenance fund themselves for one reason or another for sure. I think there's a way to maybe make that a little bit more assessable to community members down the road. Page 15 GOEAC-35 June 2, 2026 Where I'm getting caught up on and some of the nuances between, and it's already been talked about to a certain extent where we have a larger percentage for acquisition. And under this administration, we're been actively going after projects, and as a body, been pushing on some of these. And grateful to see some of those renewal and resolutions to really push the point on some of these properties that have been languishing for some time, I think at some point and this is some conversations that's happened around the community. At some point, there may not be as much to acquire down the road. There's that possibility at some point, right? And so, what I'm looking at is the quarter percent to increase to one-half percent on the maintenance, is maybe it should be a transition from over time, a transition from the acquisition fund. So, that does balance that scale out a little bit more. So, we have a greater percentage of acquisition shifting to a smaller maintenance right now. But then balancing that scale over time, so that higher percentage becomes smaller on the maintenance side after all the projects have been acquired and there's more funding to do the stewardship; engage and support those stewards in those areas. So, at least that's where my mind is at when it comes to seeing these numbers and seeing, that scale needs to kind of flip maybe the other direction down the road. And maybe it's a quarter percent increase to maintenance over ten years. So, it shifts the scale over time. Just where my mind is, kind of thinking about how to do some of these finances over time. But that's considering less opportunities to acquire down the road as well. So, just food for thought in that space. So, thank you. CHR. KAGIWADA: Thank you, Council Member Hustace. Council Member Kierkiewicz, would you like to speak again? MS. KIERKIEWICZ: Sure, thank you. Thank you everyone for the great feedback. I really appreciate the robust discussion. You know, I did consider what we would do in terms of drawing the line on how much money should be going into the Maintenance Fund, just considering what our general obligations are as a County going forward. But I had to get this bill out there, and we needed to have this conversation. I can work with the Finance Department based on several ideas that were offered today about that transition pulling from acquisition, considering economic factors; fiscal cliffs. We don't know what kind of financial situation we're going to be in. So, I think it's important to provide that flexibility without sacrificing or dipping into, or cancelling the bare minimum of that quarter percent. I think it's very important that at least we protect that. Page 16 GOEAC-35 June 2, 2026 If there's room for people to do more. If there's demands for more maintenance because we've acquired more properties and there are more stewards, then the pot of money should grow kind of commensurately. So, we can work on language. I'm seeing head nods from Malia there. Thank you. We've got a tall order ahead of us. The other thing I'll say is, I need time to work with community on the Code piece. It was my intention to put it forward as part of this process. And my goal is to submit it on July Oh. That would give my office, and community partners, and Corporation Counsel, and all those at the County, time to work on that together. And also insure proper review by the Legislative Research Branch (LRB). Filing it on the 0 means we would be able to discuss on July 22°a, the next Committee. That would take us to, I believe, the third reading of this bill. And at that point, we can decide, do we want to move forward with the Charter amendment or not based on what we're seeing in the Code provision. Okay, so, I'm getting some nods that folks are liking that sort of track. Would like to hear your thoughts, Chair, but I do have my assignments here for me to continue to work on this, so, it's something that everybody here on the Council and the community can fully get behind. Thank you. CHR. KAGIWADA: Thank you, Council Member Kierkiewicz. And I'm also happy to pass this forward to keep the discussion going and to keep us on the track if that's what we openly decide we want to do. Don't want to take that possibility off the table at this point. I do want to ask, Deputy Director of Finance, could you please come up? I have one question, that I think was just brought up in some testimony. And I just want to, I think, kind of delay some fears here so that we can get pass this. One of the testifiers said that the way that the current proposed Charter amendment reads, "The Director of Finance can use the money for County expenses," not necessarily funding the nonprofits. And I just want to get your feedback, is that how you interpret it? Is that how you read it based on your reading of this? Because it's not necessarily how I read it, but I want to make sure. MS. KEKAI: Thank you. I mean, legally, I'll lean towards Corporation Counsel to make those calls on what exactly it allows and what it doesn't allow. But I would say, practically, we wouldn't apply it that way, right? I mean, obviously, we always want to lean on our stewardship partners. But for the properties that don't have stewards, we do have to maintain them. Page 17 GOEAC-35 June 2, 2026 So, the County will be using these funds more. And I think that's kind of what the increased spend will be also moving forward. Because I think that historical spend have been $500,000 and that's mainly been grants. But what we've been kind of taking on is really more kuleana on our part of like, okay, what about all the other properties? You know, there's 10,000 plus acres out there, right? So, really looking at that, and then, we really want to do this assessment to see what really needs to be maintained. And once we get that off the ground, which will be this next fiscal year, then we'll have a much better idea of our plan spend and kind of what we'd be really taking on fiscally moving forward. But I think, yes, the Department of Finance will need to spend some of those funds obviously, because we need to maintain the other, I think it's 20 parcels that don't have stewards at this point. And that will continue to grow. And so, we'll kind of work in tandem of getting more stewards, but then also making sure that we're doing our part as stewarding the land as well. CHR. KAGIWADA: Okay. So at this point though, you're funding the one property manager that works directly on PONC staff. Are you funding other positions with this money at this point? MS. KEKAI: No, only the PONC Program Manager, Mr. Schapiro, is theronly position that is currently being funded, because it's completely dedicated. As the language states in the Charter, it's completely dedicated to this program. CHR. KAGIWADA: Okay, thank you. I mean, I think as we look forward and look to Code changes and shifting more details into that area, it seems to me that looking at, you know, approving and acquiring PONC properties that have no stewardship behind them. Obviously, it's become problematic. As Council Member Hustace pointed out, maybe we want to, as we move forward, perhaps focus a little more on making sure we get those stewardship models in place before maybe acquiring a lot more properties. So, I agree with looking at that, and I realize that's outside of what we want to put in the Charter here. Do you want to add to that? MS. KEKAI: So, just one last thing, because you brought it up. You actually reminded me that the position is actually funded through the preservation fund, the acquisition fund, which is interesting. Because in the Charter it states, for maintenance fund activity. So, if you folks wanted to clean that up and make the funding input into the maintenance fund to fund the positions, that actually might be a better place for it to be because that's actually what we'll probably need it for. Page 18 GOEAC-35 June 2, 2026 You know, a team or one or maybe two or three, right? Like as we acquire more and more properties, we will need more positions, right, to be fully responsible for this. So, that might be something in the sense of like, if we move that to maintenance fund and then that's how the funding grows so well. Not that we'll have crazy amounts of positions, but you know, two or three to run this huge program as it grows. But you know, within reason. So, just an observation we had yesterday as we're looking though of like, that's interesting that the money comes out of the Preservation Fund instead of the Maintenance Fund. CHR. KAGIWADA: Okay, that's a good point. I mean, I am personally not really in favor of trying to grow a lot of positions in the County. I'd like us to try and figure out ways to get this money out to community and get it in the hands of people who do this work all the time and who are super passionate about their community area, rather than us growing the government side of it. So, but thank you so much for that information. Then, to the maker, I think it was brought up that the term easement is used several times, but not necessarily with the term conservation before it. And maybe we want to make sure that we're talking about conservation easements. I don't think we're talking about easements that allow access necessarily where we are talking about the conservation easements. And if I'm incorrect about that you can correct me, but I think that would be a good addition if that's indeed what we're talking about here. So with that, do you have anything else to add, Council Member Kierkiewicz? No, okay. So, let's go ahead and take a vote on this. We have a motion on the floor to move Bill 165 to the full Council with a positive recommendation. All those in favor, please say "aye." Any opposed? Vote on Bill 165: The motion to recommend passage of Bill 165 on first reading was carried (Approved) by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kimball, Kierkiewicz ,Villegas, and Chair Kagiwada — 7. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder and Onishi — 2. Excused: None. CHR. KAGIWADA: Thank you so much. With that, we have one item left; Resolution 577. I'm going to pass the Chair over to my colleague, Council Member Hustace, as my Vice Chair Council Member Kaneali'i-Kleinfelder is absent today to do Resolution 577, which I've introduced. Thank you. Page 19 GOEAC-35 June 2, 2026 Return to Order The Chair directed the Committee to return to the order of business. of Business: Relinquish Chair: At this time, the Chair relinquished the chair to Mr. Hustace. ACTING CHR. HUSTACE: Thank you, Chair Kagiwada. I will be your presiding officer for the remaining piece of this committee meeting. Mr. Clerk, if you could read in the next resolution and welcome testimony. Res. 577-26: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI`I BY ADDING A RULE RELATING TO NATIVE HAWAIIAN LAW TRAINING Requires Council Members to complete the Office of Hawaiian Affair's Native Hawaiian Law legal training. Reference: Comm.913 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to recommend adoption of Res. 577-26. Seconded by Ms. Galimba. ACTING CHR. HUSTACE: Council Member Kagiwada, the floor is yours. MS. KAGIWADA: Thank you, Acting Chair. So, I was fortunate enough to finally get to take this two-day free online training in early May. It was a very good overview; very good detail on some critical things that we're often looking at, right, as far as Council Members here. It was great information about just general Hawaiian history, public land trusts, traditional and customary Native Hawaiian rights, water and public trust doctrine, and Iwi Knpuna; the ancestral remains information. Really amazing speakers. This training is put on by the Ka Huli Ao Center for Excellence in Native Hawaiian Law out of the Richardson School of Law in collaboration with our Office of Hawaiian Affairs (OHA). I really wished I had basically been made to take this a little earlier, like maybe my first term in office or my first year in office because I think the information is so critical. And I know many people here have great information and knowledge on lots of parts of these, but I think it would be a really nice baseline for all Council Members to have when looking at, especially, issues with having to do with land and water and development; things like that. So, like I said, it's a free training. There is support from Chair Kai Kahele from OHA for us that was submitted as testimony for us to go ahead and pass this. Page 20 GOEAC-35 June 2, 2026 And I'd love to hear from people about their thoughts on this. Thank you, I yield. ACTING CHR. HUSTACE: Thank you, Council Member. Council Member Galimba. MS. GALIMBA: Thank you. Thanks for putting this forward, Council Member Kagiwada. And I think I just wanted to ask for friendly amendment concepts. I think I had to take it from the Planning Commission, because there may be some language in there about, you know, other reasons that you might have taken it before. Possibly even, equivalence kind of language perhaps for someone who —or maybe we might have a specialist in Native Hawaiian Law sitting here at some point where it would be completely, you know, baby stuff for that person. So, just some thoughts. But generally, yeah, it is a great training and great knowledge to have. So, support the general idea. ACTING CHR. HUSTACE: Thank you, Council Member. Council Member Kimball. MS. KIMBALL: Yes, also had just one mini recommendation for a friendly amendment, which is just to say that we're relying on another entity to provide this training, which we don't have authority or jurisdiction over. And so, just when available, if for some reason they discontinue the availability of that program, I wouldn't want to see anybody in violation of the rules because that entity is no longer providing it. Thank you. ACTING CHR. HUSTACE: Thank you. Council Member Villegas. MS. VILLEGAS: Thank you for bringing this forward. In my first term, I had the privilege of serving with Council Members Maile David and Karen Eoff. And attending the in -person training at U.H. (University of Hawaii) Manoa, which was really cool because they give Karen and Maile credit for being part of the inception of the Native Hawaiian Law program with their work with the past decision and the Kapa Hakai Case and whatnot. So, that was just a highlight to get to be there with those two Mana Wahine. Well, you know, then COVID (Coronavirus Disease) hit. And so, then things went to Zoom, which kind of changed the nature of the training. But I really appreciate the conversation and these little nuances, because it is put on by another entity outside of us. But I think it would be incredibly beneficial to anyone serving in this role, and I also like to do something to kind of recommend people being nominated for boards and commissions to also look into that; yeah, in our Code. Page 21 GOEAC-35 June 2, 2026 So, it creates, I want to say, a level playing field, but there's like a standard of knowledge and understanding. And I firmly believe that if you don't understand the history of this place and how we got here, it's really hard to make decisions for the future. And what do they say, insanity is making the same decisions and expecting different outcomes. So when we identify how we got here, we can ideally avoid some of those same patterns. But I'm wholeheartedly in support of this. I think it would be really beneficial. have the books from this training in my office, and they've been fantastic resources for direction of value systems, legal frameworks. And also, I appreciate Council Member Galimba, you know, there may be at some point a person sitting here that's just small potatoes or like such manini knowledge for them. But I still think there's value because that person in attending or participating could have that much more to contribute and in a relationship building amongst all of us. So, just my three cents for this morning, I yield. ACTING CHR. HUSTACE: Thank you, Council Member. Council Member Inaba. MR. INABA: Thank you. Thank you, Council Member Kagiwada. In support. I think the last time we had something similar like this, it was naming the specific Kahn Liau training. So, this references to the OHA training whatever it may become, whether it's Kahu Liau or something else, it's nicely done. And I think in HRS (Hawai`i Revised Statutes) it's twice a year that they're required to put it on. So there's ample opportunity for people to engage. I think my only question is, how we go about enforcing this. So, there might be language, and who's to keep track, if it's the Clerk or the Chair. And what happens if people don't do the training. But besides that, happy to support. Thank you. ACTING CHR. HUSTACE: Thank you, Council Member. Council Member Kagiwada, back to you. MS. KAGIWADA: Thank you. Thank you for those good suggestions. We could, kind of clean them up. We have the mention of previously taking it on the Council. But we can maybe expand that a little bit to be, if you were on another board or commission where you took the training and understood that, yes, there may be people that come with the vast amount of knowledge. But yes, we'd love for everybody, as Council Member Villegas was mentioning, to kind of have this baseline where everybody can speak off of. And I will look at keeping track. Thank you, Council Member Inaba. And then, when available, Page 22 GOEAC-35 June 2, 2026 we try to work a little bit with how exactly we put this in with LRB. We'll try to massage that a little more, or maybe go back and see if we can do that as Council Member Kimball suggested. So, thank you all for the friendly amendments. I can work on them, and hopefully, we can pass this out of here today, and then I will bring all the friendly amendments to the next reading. Thank you, I yield. ACTING CHR. HUSTACE: Thank you, Council Member. Anyone else? Thank you. Alright, so, I did this a year ago, stepping into the role for the first time here. So, it was a good opportunity, and I was looking for these other opportunities for continuing Ed (education), and just opportunities to expand knowledge in different spaces. So, I thought it was a good touchstone point, and I know it was offered again pretty recently. So, always looking for those opportunities to take these again and just always brush up on different things. So, thank you for bringing this forward. With no further discussion, all those in favor or forwarding Resolution 577-26 to Council with a favorable recommendation, please say "aye." Any opposed? Hearing none. Vote on Res. 577-26: The motion to recommend adoption of Res. 577-26 was (Approved) carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kagiwada, Kimball, Kierkiewicz ,Villegas, and Acting Chair Hustace- 7. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder and Onishi - 2. Excused: None. ACTING CHR. HUSTACE: Motion passes. And that brings us to the end of our agenda, we are adjourned at 10:12 (a.m.) Thank you very much. ADJOURN- Seeing no further business, Acting Chair Hustace adjourned the meeting at MENT: 10:12 a.m. Approved: 1�o No Ms. Jenn giwada, iAair(Date) Committee on Governmental Operations and External Affairs JK/dt Page 23 GOEAC-35 June 2,2026 Page 24