All right, everyone, if I can call folks back to their seats, we're going to get started on the legislative approvals and acquisitions committee. This is the seventh session of the committee on legislative approvals and acquisitions. We are located here today in the Kona Chambers. We have with us Council Member Kaguata, Council Member Inaba, Council Member Villegas, Council Member Galimba, and I think that is it. And I am Council Member Kimball, Chair of this committee. With that, Mr. Clerk, do we have any testifiers? We do Madam Chairman ask Mr. Rasele to take our Zoom testifiers and any other testifiers at sites other than Kona. First, and then we'll come back to Kona and finish with our testifiers here that we have here. Thank you so much, Mr. Clerk. And with that chair, just noting that we do not have any testifiers at your remote sites. We do have a few testifiers via Zoom and one testifier here in the Heelow Chamber. So we'll start with our Heelow Chamber and then transition to our Zoom testifiers before ending it with you folks. First of which is Alex Kelly Polo testifying on resolution 120-25. Alex when you begin you have three minutes. If you could just unmute the mic by pressing that green button at the base. If you could just reintroduce yourself as you begin, please. Aloha, Chair Kimball, Vice Chair Onishi, Committee members. My name is Alex Calipolo. I am the President of Moco-Calv. Land Conservancy. I would like to speak in support of Resolution 125 today. I have submitted written testimony. We are a land trust on the island of Hawaii and our mission is to protect the natural heritage of Hawaii Island. I just like to stand by our testimony and just ask for your support of our Nanikai Hoku Farm Agricultural Eastman, along with our Joseph Rock, Arbor Freedom Conservation Eastman. Those are two wonderful projects that we look forward to and appreciate all your support of protecting open space. Mahalo. Thank you so much for your testimony. Chair, your next testifier via Zoom is Gail Bern Babor, testifying on Resolution 120-25 to be followed by Annie Brudge. Gail, when you begin, you'll have three minutes if you could just reintroduce yourself. Oh, seems like you're muted. If you could just unmute please. Now, it was such a brilliant introduction I just had to. Here, thank you. My name is Gail Bernfabre Kohala. I'm in support of Resolution 125. And in particular, here to support the Opolo Point acquisition. And then also my husband and I own the Nani Kaiho Kufarm, the farm that's on the list for the Aggiesman. Opolo lands, which you probably read in the report from the Pong Commission have been traditionally used by folks in Kohala for fishing, gathering lemoo, camping, walking, whale watching. It's a site that's hosted fishing tournaments over the year. A lot of folks have their secret spots along the coast there. And the Nani-Kai Aggiesman ensures our formal remain in production forever, in food production, as well as protecting endangered species. The easement has about 20 terms on it, which is very restrictive, which that alone will help keep it an affordable pool of Aglan forever for local farmers, if for some reason our grandkids don't want to continue farming. Both the Polo and Nanikaya are consistent with the North Qualcomm Community Development Plan, Bulls and Objectives. I believe Council Member Hustis was going to introduce a resolution for both of these properties, but with the introduction of this resolution, I'm streaming the process probably not necessary now. And I appreciate that. I see that the intent of this resolution is to increase efficiency so the public and council don't have multiple meetings with regard to the annual report. And from my perspective, sorry, getting a ton of text all of a sudden. From my perspective, the plan commission does a really thorough job of vetting properties, looking conducting their site visits and there's a lot of good discussion at the plonk meetings. And because not any kind will be the first Aggiesman under plonk or a lot of really good questions asked to share about easements in general and and public benefit. And you know, I learned yesterday that there was some concern about this resolution. I may not understand the current concern. I think it has to potentially with council members not being able to get properties but in any of that I hope that the co-haul properties are in good stead with you folks. there's certainly a lot of community support for both Upo-lo and Nani-Kai. And if you need to mend the resolution, hopefully you'll keep those properties on there. Appreciate all that you guys do. It's a lot of work that you do. who Polo and Nani Kai and if you need to mend the resolution, hopefully you'll keep those properties on there. Appreciate all that you guys do. It's a lot of work that you jug on a daily basis especially and at times we're all in. I think the Pomp Commissioners and also the Department of Finance for all their fine work. Thanks so much, Shaloha. Thank you so much for your testimony. Chair, your next testifier is Annie Brutch to be followed by Hunter Heavillin. Anyone you begin, if you could just reintroduce yourself, you'll have three minutes. Okay, well, good afternoon. I know I'm members of the Hawaii County Council. I am Annie Bruch. I am the vice president for Hawaii Farmers Union. And I'm a fine and supportive resolution one twenty twenty five and in particular the importance of the non-kai Huckle farm agricultural needs meant. Because in addition to preserving important ag lands. With prime soils the easement will also ensure that the important ecological functions are maintained on the farm. And these are wind breaks and trees that serve as roosting sites for the yield of who ale and Hawaiian worried back. The Eastman also requires continues food production to further Hawaii's food security goals. I'm of no cab barber for a very long time and he has supported agriculture not only in Kohala, but also across the state. He's been part of Hawaii from his union for many years and he currently serves as the HFU Kohala president in his dedication and love for all that is building a healthy solo microbiome, growing healthy food and promoting agricultural systems that we build farms has been inspirational to all of those who have learned from him and I'm one of those. So I really support the funding of their culture at least meant for the farm because it will not only help continue. It at the local level and go how and it in getting that far to be a beacon for ongoing. I country production, but it also I think we're worried across the state. So thank you so much for your consideration. Hello. Thank you so much for your testimony. Chair, your next testifier is Hunter here. Villain testifying on resolution 120-25 to be followed by Keone Kale, Kala, sorry. Hunter, when you begin, if you could just unmute your mic, you'll have three minutes. Please reintroduce yourself. Hello, my name is Hunter Hevelin. I'm a food systems and agricultural planner and I'm here to testify on support of this measure. And well, I think the opportunity to support farmers and community members who have a clear demonstration to the land, to environmental and communities thriving. The stronger potential benefit I think of Council supporting this resolution is to take additional steps towards the preservation, the long-term preservation of agricultural lands. And Hawaii, unlike many other states, has not had nearly the amount of long-term protection through the purchase of conservation agricultural conservation easements. And doing so through the support of this measure is a grand opportunity for the council to signify of strength and support of long-term agricultural viability. And for that I hope to see this resolution passed. Thank you for the opportunity to testify. Thank you so much for your testimony. Chair, your next testifier is Keone Kallavi. Testifying on Bill 40 to be followed by Heather Irwin.iyoni, if you could please unmute your mic. You'll have three minutes. Please introduce yourself. All right. Aloha, my Kako. My name is Kiyoni Kalovi and I'm the board president for the applicant. Ho-ul-ul-ahui. Ho-ul-ul-ul-ahui has been established for over 30 years in one of our primary priorities is to support Kuokawa Oka-Oka-Lat Charter School with funding and facilities. The school relocated to the Nanyamal Gardens in Panaeva after the loss of the campus to the 2018 Kilaoya eruption. Our board fully supports this application to re a portion of the 90-mile gardens from Ag 10 to Ag 5. This will allow us to subdivide the 5 acre parcel which housed Kua Kala Charter Schools. Our goal is to ensure that Kua Kala Charter Schools has a permanent home. Mahalo for your support with this important ordinance approval. Aloha. Thank you so much for your testimony. Chair, your last testifier is Heather Erwin testifying on bill 40. Heather, if you could please unmute your mic and introduce yourselves. You'll have three minutes. Aloha, my name is Heather Erwin. And I am here to support the zoning and ordinance for Kuokalaw, I'm a parent, and I've also volunteered and helped with ho-lo-lu-wee. I knew that was the best rule when my kids started, so having that stability is so important for everyone. So please support that, Mahalo. Thank you so much for your testimony. Chair, those are all the testifiers you have at your remote sites at this time. Thank you, Mr. Araceli, to ask Megan Lansson and Clifford Victorine to come forward to provide testimony in resolution 1-2-0. This Lansson would ask me to speak for yourself, not for the child. You know the routine, you'll have three minutes once you begin. Please proceed when you're ready. Yeah there you go you're good. We're good. Yeah okay Aloha. I'm Megan Lanes and other men this is T.O. She isn't testifying and I am a resident of the Ohu Pa of Honolo so in Council Member Villegas is district and I work a lot in Caul in Council Member Glimba's District. I also speaking on behalf of two nonprofits, Hawaii Public Funds as the President, and Kauhanna O'Honoa Bo, one of the applicants for PONC as the Secretary. And we are in full support of this resolution, Mahalo Nguyen Haleca for streamlining it. And I just want to mahalo all of the volunteer commissioners who spend a lot of time reading through all the applications, going on the site visits, making the reports, and doing their due diligence and the rankings. And I trust our county staff to prioritize, you know, to use those priorities and the prioritized list to acquire the properties for public access, open space, natural and cultural resources for our island and residents into the future. So I look forward to staying here dancing in the back of the room to keep her settled and hearing this pass forward at the committee vote leader today. So thank you. Thank you for your test of money. Mr. Victorine, you left three minutes. Please, please proceed when you're ready. Good afternoon chair, council members, committee members. My name is Cliff Victorine. I own a property at the bottom of corner paradise in Ka'oui. There's a property on the list, number three, that's up for punk. And I appreciate Mr. Nalba's heading, just moving forward with taking what has taken over about 15, 16 months just to get to this process and trying to find a way of streamlining it. Going for the people going forward and trying to get these lands on the list and brought forward to you guys is a very strenuous process. And sometimes these lands that we're trying to protect are very sacred to the people around the area, using lack of a stronger word. But I appreciate that you've made this step to make it a lot easier, where we're not individually bringing things forward and going to probably another year, if we were to that. So thank you. I speak on behalf, not on behalf, excuse me, in support of the bill, 125 resolution, 2025. And I ask that you guys in doing this Find a way maybe making this the way of moving forward and other ways that maybe we can streamline this Before even reaching you guys So with that again, I thank all of you for for you know, you know what you do and thank you Consul member in our book and for bringing this forward. Thank you Thank you for your testimony. I had to ask Melanie Sailor or Sailor or something close to that. You wrote it neatly. I just don't know. To come forward, by testimony resolution number 120-25, and if you could restate your name for the record before you begin, proceed wheniving your ready, you left three minutes. Aloha, it's a siler to German-Y. My name is Melanie Siler. I'm here to testify and support a resolution 120-25. The first thing I'd like to do is just mahalo councilmemory naba for bringing this to the table today. I've had, I guess you could see, an organizational and instictory hand in nominating the parcel number three on the punk list for this year, which is that co-ohey. I'm a resident resident of Co-eulay, Ahupwa'a, and originally reached out to the primary lineal descendant of the area there of the Ahupwa'a, which is Clifford Victorene. And through this whole process, we have engaged a large number of community members, probably maybe somewhere in the realm of round three dozen. And so that's not a simple thing to do is to organize and coordinate with that degree of folks as well as with the Ponte commission and our council member Michelle and all of these things. things. So anything that we can do to streamline this process and make it more penetrable for the community, I absolutely support, especially in South Kona as our capacity to pursue this type of thing is lacking at this time and growing, or trying to grow it. So I also love that we could set this, perhaps, the 2024 Pong List could establish a precedent for future years in that we could approach things in this way, giving the finance folks, I'm on on them, or whoever that is, more discretion in this process to approach these landowners. And yes, I think I said that and also just wanted to shame thank Michelle Galeem. And also that is a part of this process, at least for our specific purchase. We kind of have all of our ducks in the row already and and so it seems like to come back in with our, you know, three dozen community members and, you know, have a resolution written in all those sorts of things. It seems like a lengthening of what has already been a very long process, and our parcel has been on the market since December of 2023. So timing is a big deal to us. So thank you, Michelle, and thank you, Council Member Inava and Cliff and everybody else that's here to support this day. I think it'll be a great initiative for the Pomp program. Thank you for your testimony. That sure can be all those are all all the test phrase we have at this time. Very good. If I can have you read in resolution 1-0-25 please. Resolution 1-0-25 authorize director of finance, turn to negotiations for the acquisition of lands and or conservation easings for all or portion of any property thenified in the public access open space and not your resources preservation commission is 2020 for prioritized list utilizing the public access open space and not your resources preservation fund provides authorization for the director of finance and administration to initiate the acquisition of any or all of the 10 properties identified in the 2024 annual report of the Public Access Open Space and Natural Resources Preservation Commission introduced by Council Member Inaba. Chair Motion to Forward Resolution 120-25 to Council with a favorable recommendation. Motion by Council Member Inaba. Seconded by Council Member Glimba to approve Resolution to zero and forward to Council with a favorable recommendation. Council Member Ynaba. Thank you, Chair Kimbo. I can do my council member Glimba to approve resolution 120 and forward to council with a favorable recommendation council member Nabo. Thank you chair Kimbo. This resolution is something that I think I thought of after last year's rounds of punk acquisition resolutions. First of all, I know I've taken pride in being able to introduce the resolutions from each of our districts, so I did take that into account in meeting with finance and corporation council. So, this was the appropriate vehicle to streamline, especially some of the efforts of the applicants that come before us when there is time-sensitive matters. And also to point out that in previous resolutions, I think they're for those who are not super familiar with the punk process, there's this perception that by passing a resolution, we are essentially guaranteeing the purchase of a parcel. And the council spends a lot of time and energy which equates to county taxpayer dollars going through individual resolution. So the intent moving forward is to streamline what technically is a formality to grant the powers to finance director to go and negotiate these acquisitions. So, I want to call on Finance Department. We have Deputy Director Malia Kekay and Helo and our punk technician, Mr. Eelabrahmann. If you would like to provide comment on this resolution. Hello, good afternoon, Malia Keekai, Deputy Finance Director. We're just here to support and answer any process questions. But other than that, no comment at this time. Thank you, Deputy. And again, this was vetted with Corporation Council. I do want to point out that Council Member Kimbo did bring a resolution for the property listed as number two on the prioritized list rather than getting technical and trying to exclude that in consultation with Corporation Council It is realisted here to include simply all properties in the prioritized list. So ask for your folk support. Thank you. Thank you, Council Member. Any comments from the body? Council Member Caguilla. Thank you, Chair. Is DCC Campbell over in Heelow by chance? Is Jean Campbell there? She is not. Okay. I know that she, I don't know if we can have a corporation, Council come up. I know that DCC Campbell is the person who supports the punk process and I did have a conversation with her. Just trying to, if you could please, Corporation Council, my understanding from Jean is that this resolution basically takes some of the decision making ability away from the council and gives it to this administration and I just wanted to hear from corporation council if I could give any more input on that is that is that how you read it as well. I could have to. Renational Corporation Council. Unfortunately, I haven't spoken with Deputy Corporation Council Campbell, but I did speak with Council Chair Inaba and this does really track the co-pervision to dash 218. And so the commission itself already provides a prioritized list to the mayor's office. And then that section says the council shall by resolution select the land or lands to be preserved. OK, so there really is, this would be the process. Right, so we would be just doing a blanket, approving the list. That's how we select the lands as opposed to hearing about them in a deeper way. I suppose you could look at it that way. I mean, I think the commission itself goes through that whole process and the public can come to the commission and provide its input, and that's how the commission itself comes up with that prioritized list. Okay, thanks. I appreciate that. So my, I guess I'm just of the mind that, you know, streamlining can be really good and help us but it isn't always best. I have so we've seen with this federal administration and doge and other things you know just doing things to be more efficient isn't always what's best for the community and I feel like it's really important that our public gets to hear about these in a detailed way and that we as council members, I mean I find the presentations very fascinating and really helpful for you know learning a little more in depth about what a a property is about, but also what the stewards really want to see. Their vision for that property and everything. So I guess I'm just a little bit concerned that we're all about efficiency and rushing things through. And I think that the individual look at the different properties is really valuable. And I just also want to point out something in the wording here. It says, where there are multiple lands under consideration any one time, priority shall be given to coastal lands and lands where there are matching funds. I would hope that we could maybe get away from that. Almost all of our punk properties are currently coastal lands, but as we heard from somebody that's been nominated to punk, talking about how important those watershed and those mouthful lands are, as well as an earlier testifier talking about our important ag lands and supporting those. If we prioritize coastal lands above all these other things, I think we're really missing an opportunity to take a bigger look. And lastly, I'll just say one thing that I think have been asked at one point, and maybe I even asked it, was a way to look at all of our punk properties on a map, so we could see where these punk properties are, and get a sense of where the concentration is, and what's going on, our island is a whole. And I'm wondering if that's also something we could potentially get. So I believe that each one of these properties is valuable and deserves to have a public hearing here at the council and that we can give our time for that. I don't think it's too much to ask. Once we approve an entire list, we no longer get to have any say on how things go forward. And then I guess it's up to the administration to decide what they want to prioritize. So I don't think we should get that away. I yield. Thank you, Council Member Caguata. Councilmember Kirkwoods. Looking right at you for your name. Thank you. I could you forgive my name. I'm going to be in support of this resolution. I think Councilmember Ednauba recognized an opportunity to act with urgency having received the report from the commission earlier this year, the 2020-2024 report. And you know, at that time, if there were any concerns about what was being suggested, it could have been taken up at that time. By passing this resolution, it does not guarantee that all of these properties are going to be acquired by the county overnight. This simply authorizes our finance director to begin negotiations. So we could end up acquiring one or all ten. It may take a month, it may take ten years. We don't know. It really depends on the willingness of these parties to negotiate with the county. And I can be in full support of, you know, the of our finance director and property management beginning conversations with these various applicants. To the point that Councilmember Coguata made about wanting to see some kind of map or a list, I would love for there to be some kind of ArcGIS map and I've brought it up over the last seven years. But you know, workforce development constraints here at the county, maybe I'll take up ArcGIS. But mapping all of the properties that we have within the PONC program and then another layer to understand all of the different properties that have been suggested over the years of this program being in existence. So we can see where the community has said we want to prioritize these parcels in perpetuity, because it could also present an opportunity for folks that are interested in becoming stewards to engage their council member, to engage the county, and start reacting conversations about utilizing this fund. There's tens of millions of dollars currently in the PONC fund, I think that we can be working faster to acquire properties, but we're going to need folks working in this office to help make that happen. Long story short, Council Member Naba, in full support of what you're doing here, which will have impact, I then wide. Thank you. I yield. Thank you, Council Member Kirkwoods. Council Member Cimefeller. Thank you, Chair. I got an interesting email. Maybe some of you did as well. Just, maverick. Who's here to discuss? Punk or the resolution? We have representatives from finance, so for there in Hila, then Cooperation Council. Okay. Thank you, Maria. Okay, so who put this list together? The list is produced by the Pomp Commission. Okay. And then. Again, this is from the email. So I'm just dissecting the email, asking the questions. Because, you know, it's good to do so. Was the information that was presented to the commission examined before bringing the findings to that council. Yes, the commission fits every property. They usually do site visits, they create a permitted interaction groups, they make sure that the properties meet certain criteria and then they are scored and ranked. And then we double check the applications and make sure everything checks out before we present the resolution to the council. Then it is the property list is passed to the mayor, the mayor reviews, and then it is forwarded to council. Yes Okay And the ranking that is provided in the resolution match the ranking that was provided by punk That's correct Okay, well That was helpful. Thank you I. Just did a body. I don't know if anyone else got the email, but I got an interesting email from a member of District 1 and just talking about the way we process the way we move forward. I think more of these issues in my mind spoke to getting it done faster. So I like that we have more of a streamlined approach. And as long as everything was vetted, it was done properly. And the list matches what was proposed. And I'm in full support of the document in front of us today. Thank you. Thank you, Councilmember Coneley, Kleinfelder. Councilmember Hustis, did you still want to speak? Thank you chair. I appreciate that. I just want to recognize the work done by the volunteers and the community members and the stewards of these spaces. First of all, I think someone's getting lost in a little bit of this. Because I do know and watch from the other side watching these council meetings and the demonstration and commitment shown by community members for these spaces is outstanding. And I want to thank the thank council member now for bringing this forward. And at the same time, just really recognize the work that's being put forward in a lot of these spaces. Here in District nine, there are three projects that are on this list and very proud to see these on the list and recognizing these spaces culturally, historically. And then of course, a very interesting one and about the agricultural easement. So's fantastic. The kind of preserve some of those agricultural spaces. And I had good conversations with all of the members that and all the groups that came before me to present and bring a resolution forward. So kind of caught me off guard a little bit. We had a couple in the hopper to bring resolutions forward, but love to see those projects move forward and be supported for the community and perpetuity. So mahalo to all the stewards and the volunteers that preserve these spaces and care for these very historic and culturally, you know, Vahipana, and really significant places in our communities and look forward to working with you. But as Councilmember Kirkwoods mentioned, this isn't the end of the road. There's a lot of work to do. And one of the projects in District 9, there's a lot of work to do with one of the land owners and come into the table with them and find in a common space. So there's definitely work to do to engage with your council members on some of these projects as well as administration to help kind of find that light at the tunnel. So thank you so much. I'll share. Thank you. Thank you, council member Houston. Do you council member Vegas? Yes, thank you so much. Yeah, I remember when PONC first got passed and all the diligent work done by community to really push this through. There have been a number of administrations who have bounced around the idea of changing it and I'm really glad that that has not happened. We've had a number of priceless properties be saved in perpetuity and transition to the public good and perpetuity. I am in, you know, at first this kind of struck me, well, why would we do this? But after having brought forth, I think, six resolutions in my time here for punk purchases, and having had personal experience with, even when you pass the resolution, things don't go through with the administration. And if for whatever reason, it's not on the radar doable at that time. I know we're undergoing some changes within this department and I'm still hoping for some answers and updates on some properties. But as I look to procedure and process, we receive a report that has been fully vetted by the administration, the mayor's office and the PONC commission and that whole report is brought to us. And in it is full descriptions, maps, site locations, historical, cultural, flora fauna, all the different things are listed within this report. And so I think that that covers it and anything that gets brought to us or when we bring a resolution forward specifically and individually, it would be kind of just a going over of that same information. It's not to say that somebody could put forth a communication and have a organization come and bring more information for community to listen to, but I think that the benefits far outweigh the risks on this, and so I'll be supporting this resolution today. I also just feel that passing the blanket resolution that gives the administration the green light to move forward with purchases does not stop us from going to meet with the administration and follow up and find out where things are at and follow up potentially with property owners. So while it may not happen on an individual basis here in Council, it doesn't stop us from continuing to participate in the process, but it does eliminate those extra hours. I mean, just coming through committee and two Council hearings is six weeks right there. Not to mention the deadlines you have to get in order to get it on the committee agenda. So there is an element of time that I think could really help us in future. So my two sends for today and I'll be sporting. I hope. Council member Galimba. Thanks. Yeah, hearing all of the good arguments around four are against. And definitely can see the benefits of sort of efficiency and getting it all done at one time rather than individually. But I also think that there is a filtering process that happens with the individual of these, so it is the council members getting an opportunity to filter the lists, to look at the list, to have the community come forward and make discussion, not make have a discussion and also if there's, you know, there may be different points of view than the punk commission expresses. So I think that overall I prefer to have the individual resolutions. So I'm not supporting this and thanks. Thank you Council Member Glemba. Anyone else before we come back to Council Member Cunnelly, Collier? Okay Council Member Cunnelly, Collier? Thank you. I'm going to speak directly to one of the items on here that was brought forward by some of the members of the punk commission themselves. There is great concern regarding the colloquial residential park. And that was from the members of the commission. So speaking to that, if the finance department could speak a little bit more in depth on the colloquial residential park, which is prioritized number 10. And to what the commission's findings were, and even regarding some of their concerns, maybe it's just one or two of them, maybe it's not, but either way, I feel it does merit discussion. Hi, Malayaki Kay, Deputy Finance Director. I don't want to really speak for the commission, so I will just kind of recap what's on the scoring, right? So this was scored at a 51%. And I think it's what's notated in the report is that it was a low score because basically the property is pretty bearing it's mostly lava field but they do but there are native plants there that could be you know basically cultivated and also to to protect it. Okay, that's what I got from reading the report as well. So I think it's 150 acres. And I don't know how far to get into this or not. I just just in reviewing it. It's 150 acres is what I've gotten in two different places. Is that right? That's correct. Okay, it's 150 acres and it's south of Hina Lani Road near Costco. Yeah, basically a little bit above our housing at Uliveni, a little bit above that. Okay, and I'm just thinking out loud, get common sense, man-brain. Why we're trying to protect land in that area and for what? And why at 51% it just barely made the cut so are we serious about that acquisition? That's a big acquisition. 150 acres of land potentially what a 11 million dollars? We would have to do an appraisal if this land was chosen by the administration to be purchased, which I do not think that it is on the list at this point. Okay, so I'm just going to put it out there for the administration then. From the emails that I'm getting, I'm not, you know, I don't represent Kona. I'm just passing on information as I see fit. From what I'm getting, there's concern from the punk commission itself about taking this on. Well, at least from some of the members of the punk commission, okay, it's a better statement. And then also in my common sense, beachfront, you ought to protect natural resources. Okay, that makes sense. I mean, the preservation of open space for future generations. Protecting the land around Costco. Well, maybe I'm not understanding it in full, but I wish I knew more. I'm just going from what's in front of me right now. But if the intent is from the administration to look at this as a potential purchase and as concern from the community, I'm just putting it out there. And if it's a really beautiful piece of property that deserves to be upheld for future generations, then I'll be it. But I just wanna put that out on the record and have that set and done. So I feel that I did good for my district and for the people that are representing. Thank you, everybody. Thank you, Miss Kickai for listening. And then I hope that was heard by the administration. Thank you. Thank you, Ms. Kekai for listening, and I hope that was heard by the administration. Thank you. Thank you, Councillor Member Kugieletta. Thank you, Chair. I can see that most folks are in support of this, so I just want to ask the maker, is there anything in here that directs the administration to follow the prioritized list or could they basically start at number 10 or wherever they wanted on investigating and moving forward with properties. I know it's mentioned the list but when I read it, I don't see the list being stated that it'll be utilized in the priority order. I'll defer to Finance and Healong. Currently the process is obviously to work from the top of the list. But it doesn't necessarily mean that every property on this list is available for purchase either. Or has a willing seller. So I think we kind of work through that process. We look at every property that we have on the list even from the last 20 years. And we kind of have to weigh all of those properties against each other and see which organizations are really motivated to kind of work with us whether they have matching funds these are all things that kind of get taken into consideration. When we prioritize or I should say we, I should say when the administration prioritizes properties for acquisition and or for easements. Okay, so I'm just wondering would you object to putting language in this resolution that said that although you will not, you're not held to attaining the properties in the order they are on the prioritized list that you will at least consider them from the top down and obviously taking into consideration the other properties that have been priorities for punk in past years that have not been that circumstances may have changed and made me there more ready for action on. Because if we're going gonna give up our full responsibility and ability to weigh in on these individual properties, I would think that we would at least want to put that faith in the PUNC commission that did all this work already and give some attention to the fact that they've done this work and not just say you know from the county council point of view that you know any order is fine. That would just be a question. Would that be a problem or would Would you see an issue with that? I can't speak for the administration, but I personally, I guess my own opinion would be, I think that that's the way it's already looked at, is from top down. But I would say maybe if the commission really has a problem with, you know, say number 10 that you just remove it if that's the one you don't want us to look at But other than that yeah, I don't I don't see a problem with the language Okay, thank you Councilmember Nishi. Thank you, Madam Chair Just a comment and there there be your answer you can correct me if wrong all these are All of these proposals are on the list. If any of them through public or private and they're able to get funding other than this punk and then whatever balance there is then punk could look at it and see if they can purchase it. Correct? Yes, we do have some that we have purchased basically matching funds. Right, so then now if see the project or the property on rank number nine, they get 75% of all the side money. Pong, with administration would really consider looking at purchasing that property possible, right? It is possible, yes. And so that could even move up above the number one priority. If the administration so choose yes. Right. And then if there is a 75% of funding. Yeah, I mean it's the best use of the funding right too. It's like if we can spread it out further that's the goal. Yeah, okay, thank you. Are you out? Thank you, Council Member, Council Member Inapa. Thank you. I'm just to wrap this up. You know, for any of the members who maybe were working on a resolution, you know, I guess I'll apologize with the sunshine law. It wasn't that I could share with everyone that this was coming down the pipeline. But to address some of the points being brought up, you know, if you want to hear about a specific project, go to the punk meeting. That's where they're really deliberated on. So I encourage members who are concerned or don't have enough information to read the report and show up to the punk meetings next time, regarding certain properties in here, number 10 is in my district. So I would have been the one to introduce a resolution anyway. So nothing prevents any member from amending this resolution and removing any properties. Everyone has that authority. So to try and make claims that your voice is taken away, I think, is absurd. And lastly regarding prioritization of coastal lands, if members want to see different priorities, go ahead and amend the code to remove that language. That isn't something made up in this resolution. So a lot of, I don't know, concern here, but there's work to do if you don't agree with the program and what's being presented. Ask for your support. Thank you. Thank you. Any further comments? Councilmember Kirkwoods. Thank you. And these comments are really related about related to the the punk process. You know having recently been an applicant with some community partners. You know applications, but also going to punk commission meetings. These volunteers take their jobs very, very seriously. The kinds of questions they ask make you realize that they go beyond just reading what's in the application and do their own sort of research. And each of them takes the time to go and visit each of these properties spending hours at each of these spaces with various stewards and property owners. And so when they are making their recommendations, it's not based off of one meeting in a room having an hour conversation. a lot of time and thought has gone into their recommendations, the scoring of the applications and the prioritization of the list. And every single one of these meetings is open to the public. So lots of opportunities for folks on this body and members of the public to be part of that conversation. So I just, having gone through the process, I just want to let folks know it is very, very extensive and I really appreciate our Pong Commission volunteers. Thank you for the latitude. Thank you, Council member Kaguaro. Yeah, I just want to respond to some of those comments. I'm absolutely not questioning the dedication and the process of the Pong commission and all the dedicated people who are bringing forth properties. My concern is more what happens after that and the fact that we are now as a council no longer going to be weighing in and we're just going to say, you know, look at it once. And we won't get, I mean, as much as information as we got today from a couple of these properties, that's all we'll really hear from the people. I also just think, you know, yes, punk meetings are open to the public, but having a meeting at the council is a different level of public hearing. And I think it, you know, some people pay attention to that and they might not pay attention to the other and vice versa. So I think, you know, I don't, I do read the reports by the way to say that I don't or to imply that I don't is ridiculous. And, you know, I'm not at all questioning the punk process. I'm questioning our ability to hear the individual properties discussed in an open hearing at council, that's all it was. And clearly, you know, that's okay with me that more people feel that a streamlined version is more important. So thank you. Thank you. Thank you. Council Member Kogewata. Back to, I do want to kind of wrap this up. I do have a couple of comments as well, but Council Member Hustis. Thanks, Chair. I appreciate the time then. I sat before the the PUNC Commission, the Commission itself, and that process is definitely arduous, and the Commission took its time to review, heavily review the project that we brought before them. And you know, it really is up to administration to kind of take it to the next phase but I still think there's an opportunity for you know us as elected to work with these nonprofits organizations, community members to really see these across the finish line so I think there's multiple stages and steps that still have to go beyond. The project that I was a part of I don't know it may never come to fruition and I have a worry about that. It has many layers to it, dealing with a lot of different government bodies, but I still want to work with the community members to see it through and find a path forward on that. No pun intended because it is a streamed-through project, but you know, grateful for the opportunity to present before the commission at the time and kind of see that unfold and then also be received here by by this body as well. So I know that these are different layers and I know there's a lot more work to do. So I look forward to engaging on all these projects going forward as they see fit. So thank you chair. Appreciate the time. Thank you. else? Just super briefly. Yeah. The being against this process, this change in the process does not mean I think any of us who would vote against it are against the projects. We're like 100% into the projects and that's kind of partly the reason. Thank you. All right, I have a couple of questions for finance. Deputy, do you know how many properties the department is actually negotiating about currently? Yeah. Currently we have a three, three, okay. And are there others that have been the finance department was previously authorized to negotiate towards the purchase and they're stalled out or you're just not actively engaged in any purchase? Yeah I think a little bit of both. I mean, I think we've had ones that have are installed and then also others that we just don't have the capacity to pursue at this moment. Okay. Would it be possible before the next hearing on this item to get a list from you folks of all of the pawn properties you have been authorized to negotiate purchase of from this body and their status whether or not you've discontinued negotiations. They're stalled out or they're active. Yes, we should be able to do that. Okay, great. I think that'd be really helpful information for us. I have to say, when I first saw this resolution, I thought was this is a solution in seek of a problem in the sense that I don't really see our step of reviewing from the report to asking the finance department to negotiate is being problematic. When we talk about the process taking a super, super long time, it is the review process process through punk. They're schedule. They only meet once a month. They've got to do all of the site visits. Then it's got to go through the mayor. And I do think, you know, looking, hearing what some of my colleagues says, but one of the things, and this again, the PONC, I will agree. They do an amazing job. amazing job. And Debbie Chang, who's the one that sent the letter from District One, who's been chair a few times, and is really excellent. Debbie has who arguably created this whole program. It has expressed this concern. But what I'm worried about is that the punk, They're punk, they don't have the same lens we do. They have a fairly narrow lens about what they're responsible for. And part of that is that it doesn't include the budget. And well, punk funds are separate, yes. One of the things that I'm increasingly concerned about with our Pong programs is the funding of the stewardship piece. Because as we acquire more and more properties, we're gonna need more and more funding to support the stewardship piece. And so I think that there is a, there's value in the council having that opportunity to weigh in, with that lens, as well as the lens of other development that's happening in the area, other projects that might be related that I don't necessarily think that the punk would be aware of. So I'm unlike Councilmember Globo, I actually don't support us pursuing all of these projects and I can bring in amendment next time to, yeah, years, years wanting to take out. But I'm willing to amend this to take those out. But at the same time, I'd almost encourage, Like today we heard testifier, testifilmoney for, I believe, two of all of the projects that they work with their council member and introduce those resolutions and the event that this doesn't go forward. Because I do think there is, I wouldn't want the council to create the precedent of abdicating our responsibility around the check and balance that we provide in this process. And I realize that the time, the link that takes up for something to go through is frustrating, but I think it would be more frustrating to find that your property of interest is one of several that are all being negotiated at the same time that maybe aren't prioritized in a meaningful way and then gets stalled out for that reason because they can't get the level of attention that we want. So I'm going to do the client's support right now. I will bring in a moment next time. But I do think that our piece is not the problem. Our review is not the problem of the timing here. It's the other earlier parts of the process. So I will ask for a roll call vote unless there are any further comments. Mr. Clerk, roll please. A motion to forward resolution 120-25 to the council with a favorable recommendation. Council member Gellimba. No. Council member Houston. Right. Council member Inaba. Aye. Council member Kaguwata. No. Council member Connie Lee Kleinfelder. Connolly. Council member Kirkowitz. Aye. Council member Onishi. Aye. Councillor Registrar. Aye. Chair? No. Councillor Ounishie. Aye. Councillor Rieges. Aye. Chair? No. Councillor Ounishie. Aye. Councillor Rieges. Aye. Chair? No. Councillor Ounishie.member Coguata, the motion carries. Thank you, Mr. Clerk. All right, moving on to the next item of business. Is there any additional testimony for Bill 40? Hearing none, Bill 40, amend section 25 dash, A test 33, city, field, zone M map, article eight, chapter 25, the white County Code 1983, 2016 addition as amended by changes in zone map classification from agricultural tankers to agricultural five acres at Pana Eva, Hila, Hawaii covered by tax map key 22, 048, 013 portion. Apple can't hold Lee La Huie area approximately 12.043 acres. The Warned Fund and Commission forwards a favorable recommendation for this requested change of zone which allowed the applicant to stop by the property that currently houses cool Okalau to the Century Public Charter School and able the school to transition from a lease agreement to fee simple ownership probably located at 345 Makalika Street and introduced by a council member Kimble by request and communication 207.1 from a council member Heather Elkimble dated March 27, 2025, transmitting a PowerPoint presentation for Bill 40 Chair motion to forward bill 40 to the council with a favorable recommendation Motion by council member Kirkwood second by council member Kaguata to forward bill 40 to council 40 to council with a favorable recommendation. We do have in your packets the slide deck from the department under communication. 207.1. We have director Darrow here and the applicants to provide a presentation before we do deliberations. Thank you, director. Thank you, Aloha Chair, Vice Chair, members of the committee. If I can direct your attention to our presentation, our applicant, this afternoon is Ho-Oh-Lu-Lohui. the subject area for this application is in the East Hawaii, more specifically we're looking in the South Hilo district. The applicant is requesting a change of zone from an agricultural 10 acres only district to an agricultural five acres only district for a 12.043 acre portion of a 22.349 acres of land. The applicant, Ho-Oh-Ulu Lahui, is a nonprofit organization that supports the Ku-Oh-Khla No Child Century. Oulu Lahui is a nonprofit organization that supports the KuO'Kala New Chump Century Public Charter School, or KOKM, which has been operating on the subject property after its previous facilities were destroyed in the 2018 Kilauea Lava flow in Puna. The purpose of this rezoning request is to facilitate the subdivision of land and allow the applicant to acquire a five acre portion of the larger property that currently houses the school. The rezoning is necessary to meet the minimum lot size requirements for subdivision, enabling Kua Oka-law to transition from a lease arrangement to a fee-ciple ownership ensuring long-term stability for the school. The remainder of the property will continue its existing use under the ownership of Nonemal Garden Group LLC under an existing special permit SPP numbers 73-159, which was last amended by the State Land Use Commission in 2009. The applicant aims to secure county rezoning approval quickly and begin the subdivision process immediately with plans to complete it by early 2026. Since no new development is planned, cost will be minimal and limited to necessary subdivision improvements. Upon successful rezoning subdivision and land acquisition, the applicant intends to apply for a new special permit to formally support its continued operations, including additional office space and expanded community education opportunities. Additionally, the existing special permit will need to be amended to remove charter school uses from the Noni Mow Gardens portion of the property. This is a map identifying the county zoning, the dark blue that is in a red. Highlight is owned agricultural ten acres. the light green that is in a red, highlight is owned agricultural ten acres. The light green that is in the remainder of the black outline property is agricultural one acre. The applicant is requesting to re-zone the agricultural ten acre portion into agricultural five acres. This is a map of the state land use boundary amendment. The subject property is within the state land use agricultural district. This is the general plan land use pattern allocation guide map for the area. the entire, and the subject property are situated within the low density urban general plan, loop egg map designation. This is a copy of the applicant site plan. Again you'll see the red outline identifying the rezoning area and the blue line that identifies the proposed subdivision once the rezoning is completed. This is an aerial photograph identifying the ten acre portion as well as the remainder of the property and area. Here are some site photos. On the top left we have a view of the rezoning area facing Malca. On the top right we have a view of the school buildings. On the lower left we have a more view of school buildings. And on the lower right we have a view of the parking lot area. For some reason does not want to keep going for me. I know that there's more. Good night. Okay, let me refer to mine. I'll at least read it. There are some sight photos of the Makalika street that shows Malcolm McIve used the actual boundary has a nice perimeter rock wall with grass shoulders as well as Makalika is paved 20 feet and within a 50 foot ride of way. The Planning Director's recommendation was to forward a favorable recommendation with the conditions to the County Council. This was presented to the Windward Planning Commission. The Windward Planning Commission's recommendation at its March 10, 2025 hearing voted to forward a favorable recommendation for the Change of Zone to the County Council with deletion of two conditions including it in the Planning Director's recommendation at the applicant's request. This was deletion of former condition B, which was a requirement to comply with the existing special permit conditions, and deletion of former condition I, which was a requirement to conduct a traffic impact analysis report if the 50 peak hour trip threshold was triggered, pursuant to concurrency section of this honing code. The remainder of the conditions were re-lettered. That concludes our presentation. Thank you. Thank you, director. Go ahead, council member. Okay, thank you, Madam chair colleagues, this is in my district and I have not received any complaints or First time I'm hearing this but just to be honest with you folks but I do Support it. I've been to this school before when I was with the governor's office. I got to visit them because that's when they were transitioned into this property and they showed me the whole area which was unbelievable. And now I guess with this subdividing and the rezoning then they get the sub dividing of this property then they can go and I guess invest more into the properties and making more permanent buildings there because I know at one time dead like this like a tarp out there and when it rained that whole era would flood on so it's looking good so good improvements. The only thing I had and so I'm asking my colleagues to support this the rezoning but questions to questions to the director. You know, with the Windward Planning admission about, I guess, about the traffic study. Maybe give a little bit, sure, description or information. This was a request by the applicant, both requested the lead condition, being condition I, where at the applicant's request to the Winward Planning Commission. The reason for condition B, the special permit was because if that condition remained and they ended up being released from the special permit conditions from the state Landry's commission, that would make it pretty difficult to comply with it when you're no longer under it, right? Their intention is to come in with a new one. For condition I, for the traffic impact analysis report, because they're coming in for a special permit, we will review the traffic conditions at that time during the special permit review. Okay, that's good. And I mean, I just have a small kind of concern where in case they would like change the use like to residential, I mean, would that trigger anything? It would, but currently the property is situated within the agricultural state land use district as well as the agricultural county district. And it's being resumed to just a little higher density in the agricultural district. It's not,'s no request for residential areas. But then they could come in, well they could do a farm dwelling. Yeah, right, right, right, yeah. But yeah. And just because I just want to make sure if some community, you know, residents here and in the question me, then at least I have an answer for them. And so if I, I don't know if you can see that map still, but in your PowerPoint, there's the State Land Use Boundary Map. You'll see that the area across the street has transitioned to urban and that the general plan for this area is actually low density urban. So it is in, you know, long-term transition to residential type uses. Not that it's occurring very quickly but there is that potential that it could. And so they could actually come in and it would be consistent. I don't believe that's their intention. And I know that you folks won't be doing that, but I just need to just have that, you know, and then because in the back of Nani Maw, there is like that one acre lots and I think there's 20 lots back there. No, 15. I don't think it's been subdivided yet. It's still pending. Well, I thought it was really through the time I know the applicant to be able to speak more to it But if it's the one that's connected to this property. Oh, no, it's all you mean separate. Okay, sorry But I just don't know because then yeah back then the community was like I guess they weren't too happy when that happened But yeah, but thank you for your explanation yeah thank you are you thank you council member Oonishi council member Kirkwoods thank you chair so cool Kala used to be in the district that I'm so grateful to represent Laura Puna and the founder is here today and I'm just gonna get a little bit choked up because this woman dedicated her life to not only building a school but building community. And when Tutumali did her dance in the Orpuna, she took this beloved school, which is such a pioneering school when you think about how kids can be learning in Aina. It was the first school in the state second in the country to be running completely off-grid on solar, beautiful, Ulu and Hala groves and they were pioneering what we could do with Ulu back in the day and so when all of that was not as soon Susie even lost her home in the eruption. She said not let those moments, these challenges, ever get in the way of her commitment to serving community and so it was really a blessing that connections to charter school was operating in this space before they were re-homed at the Crest Building. But she was able to find all of these children and Ohana a home and she continues to make this new found place in Nani Mal a home. And it's really more than just a school. The vision she has for this place for it to be a community hub and educational space, a resilient hub for there to be, you know, work within, with an agriculture and workforce development. It's truly visionary. And so I appreciate her deep commitment every single day to serving the children of Kuala Kala to all of the folks that benefit from the the services of Hau Lula Hui because she is making a significant impact on our island community. What this request will do is provide stability for the school, something that they need because there is a wait list for every single grade and I know that they would like to reinstitute their high school program, but without some permanency. There are agreed and I know that they would like to reinstitute their high school program but without some permanency they're unable to do that. So by approving this today you help the school have a place that they can call home and expand their offerings because there is such a tremendous need for this INA cultural based education. And I just do want to acknowledge that Susie is here and that there are some really wonderful folks that have been part of this effort, the planning team, Mr. Pipin, Mr. Ye and Mr. Foucaix. Thank you so much for helping Susie and this school get to this point. It's really a significant milestone and actually very special as we get closer to the seventh anniversary of the Kilooway eruption. Sorry to get emotional. It's been a heavy journey and we continue to recover and heal as a community. Thank you Chair. Thank you Council Member Grecquitz. Council Member Caguleta. Thank you. I'm just very supportive of this and all the work that the school does. Five years ago, I was lucky enough to work with the Charter Commission and be technical assistance and support for preschool programs in the charter schools. And I really spent quite a few hours out at the Coal Claw preschool and really observing and being a part of their hands-on curriculum and their support that, you know, starting with their pre-school grows their families up through the entire program. And yeah, the attention to relationships, relationships with the land. I just found it very special. So, very happy to support and all looks good. Look, be looking forward to seeing how you continue to grow. I yield. Any further comments? All right. Seeing none. Oh, sounds remember. Chair, I apologize. I forgot to disclose that my son is a proud student of Coal-Colour Public Charter School, but I don't think that's going to impact my ability to make a decision. But if you feel otherwise, I'm happy to refuse myself. I think you're fine. I'm living. I want to thank the applicant and they're, did you want to say anything Susie? I don't think you need to. I sense support, but you're welcome to, since you made all the trouble to come all the way up here, if you would like to briefly say a few words, it's fine. Thank you so very much. I don't know if I could, you got me all emotional now. But thank you, council members, for taking the time to be with us today. My name is Susie Osborne, I think I know most of you. And as stated earlier, I am the co-founder of the applicant, Oulu Lahui, as well as the co-founder and development director of Cool Kalat Charter School. And with me today, the backbone of my support through this process, John Pippen with Land Use, Attorney, I'm Holy Lahu, Attorney Tom Yeh, and Sid Foucaix is representing Nani Mal. So I think you have a little presentation. If you need. I don't think so, John Pippen, I'm planning Hawaii. Thank you all. I'm here for questions. Should you have any director Darro covered the request request quite well. Thanks So I guess I'll just finalize it did have some things to say but Really Jeff covered a lot of it in his presentation. I did want to really thank Jeff Daryl Because he really guided me through the community outreach process and I feel really shame that I didn't reach out to you Dennis column my because We had extensive meetings with the Kumi eye and and open houses and I feel really shame that I didn't reach out to you. Dennis, call him my because we had extensive meetings with Kumi I and Open Houses and I think you have the 30 letters of support. So you see there's been a lot of outreach for this effort. So we feel really tremendously supported. We really don't have any expectations. Certainly no residential considerations. In fact, the property's pretty much developed, so that's actually a challenge for us that there isn't really too much more that we can do on the property. But we're just really super grateful, and as Councilwoman Kirkowitz said, it's just imperative that we have a permanent home. I know that after having lost my own home, just how, and then have all these students and families that have been traumatized. And we are all still in the feeling process. I can personally speak to that. So just having that stability for the school is just imperative that the Kumu know they have jobs, the parents, and the students know they have a place to come to for generations and perpetuity. So and with that I really want to acknowledge the Nani Ma owner Cindy CU because when the property transitioned into her ownership, she as an educator and an entrepreneur recognized our need to have that stability. So without her support with this, we wouldn't have this ability. So we, the applicant, you met board president, Cionicolave, we have absolutely no concern that we'll be able to meet the conditions as stated in this application. And just hope that you'll all support it and just thank you for the great work you do every day. Mahalo. Thank you so much. Thank you. Go ahead, Council Member Bees. Yeah, just a quick comment as we wrap up this day. Not only am I incredibly grateful for all that you've done, but you're setting a precedent and creating a template. I have friends working on how to utilize private property that may not have the TMK proportions that they'd like it to have, but there are all the state stipulations about school with residential property. You have to, all the different legalities paperwork. So I want to thank your land planners for walking you through this and just recognize that you are paving the way. You are forging the path for other community-minded, culture-centric, really cutting-edge educational programs to be able to also follow the path that you're creating and the template of how to navigate the bureaucracy to get to where you need to go. But I am personally and professionally so grateful to get to vote in favor of this today. I yield. Thank you, Councilmember. All right. Well, I just want to thank you, Director Jaro and Mr. Pippin for bringing us an application that I think we all feel really excited to say yes to. It's nice for a change. With that, all those in favour of approving Bill 40 and forwarding to Council with a favourable recommendation, please say aye. Any opposed? Mr. Cook, you have seven. I'm sorry, eight eyes, Councilmember Conelli. That folder is excused. Without the time. Any opposed? Mr. Cook, you have seven. I'm sorry, eight eyes. Councilmember Cunnelly, the clerk is excused. With that, the time is 4.39 and there are no, is no further business, so we are adjourned. Thank you.