16 Water Resources Committee - Regular Meeting

K.

Okay. It looks like we're about ready. We're going to call Akaku.

Members, here's the countdown for Akaku. Five, four, three, two, one, go.

Good afternoon. Will the Agriculture Diversification, Environment and Public Transportation Committee meeting of January the the Board of Also, see the last page on the agenda for information on meeting connectivity. Remind yourselves to all silence your cell phones. Good afternoon. I look forward to chairing an efficient and productive meeting. I hope we can complete our business today and adjourn within an hour. That's the intention and it's really up to us. I am Gabe Johnson, your Committee Chair. Also joining us today is Vice Chair Sanenci, aloha councilmember, I see you there.

Hey. Aloha. Winala Kako here. And I'm still in Kaunaka Kai, and I'm here by myself, and there are no testifiers in house.

Thank you so much. And moving forward, we've got committee member Kaunoye Batanggan. I think this is your first time in our subcommittee. Is that correct? Yes. Is. Welcome aboard. Thank you, chair. Next, we have committee member Tom Cook. Aloha. Aloha, chair. Good afternoon. There's no currently no testifiers in the QA office. Great. Thank you for that. Moving on to council chair Alice Lee. Aloha, council member.

Hi, chair. Aloha, everyone.

Aloha.

I'm here alone in my workspace.

Okay. Great. Of course, committee member Tamara Poulton is a member, but she's excused today. Following up, we have committee member Noelani Ou Hajins. Aloha, council member.

Aloha chair. I'm alone in my personal vehicle for the next twenty six ish minutes, and then I will be on the road, and I will be listening and following along. Thank you.

Thank you. Okay. Next, we have our nonvoting committee members. Of course, they're always welcome. Today joining us is councilmember Keani Rollins Fernandez. Aloha, councilmember.

Aloha, chair. I'm joining from my private residence on Molokai. There are two minor children here, and there will be an adult joining me, my husband, McKenna Fernandez, shortly, and we currently have no testifiers at the Molokai district office. Mahalo for having me.

Of course. And, of course, councilmember Yukiluye Sugimura is always welcome. From our administration, we have Corporation Counsel, Adrian Reischneider, Deputy Corporation Counsel. Okay. And then we have resource personnel.

We have Mike Na'opi, Executive Director of Kahoolawe Island Reserve Commission. On our committee staff, we have Ellen McKinley, legislative analyst Casey Apo Takayama, senior legislative analyst Megan Moniz, legislative attorney Crecelda Paranata, committee secretary and Gene Pokipala, our assistant clerk. Today on our agenda members, we have two items and I would like to take them up at the same time as they are intertwined, which is adept one parentheses 11 reviving the Nauulu Cloud Bridge and ADEPT one (eleven) scheduling a limited meeting on Kaho'olawe on reviving the Nauulu Cloud Bridge. Thank you members for being here today. The purpose of this meeting is to comply with Sunshine Law procedures to hold a limited meeting on Kaho'olawe to see firsthand the efforts to revive the Nauulu Cloud Bridge.

A limited meeting is a special meeting where access to the public is restricted or closed. In order to conduct a limited meeting under section 90 two-3.1, Hawaii revised statutes, the committee is required to hold a regular meeting, as we are doing today, to vote on whether, a, the limited meeting is necessary and the location is dangerous to the health and safety of the attending public for specific reasons, or b, this on-site inspection is necessary and public attendance is impractical for specific reasons. The committee must find by a two thirds vote that these limited meeting criteria are satisfied. If two thirds approval is obtained, the committee must also obtain written concurrence from the Office of Information Practices to hold the limited meeting. There are many reasons I feel this limited meeting is necessary and why public attendance at this meeting should not be required, including the following: At our ADEPT Committee meeting on 12/04/2025, we heard about the important work being done by Uiwai O Haleakala and others, including the Kaholawe Island Reserve Commission to revive the Naulu Cloud Bridge spanning from Leeward Haleakala to Kaholawe.

The site inspection visit and limited meeting the committee is arranging with Kirk on Kahoolawe will further the committee's education on the nature and importance of this restoration work. Kahoolawe is a restricted access island that is part of Maui County, so many council members may have never had the chance or the opportunity to tour the site and understand its significance. The US military bombed this sacred island for years, inflicting immense damage from which the island is still trying to heal. Unexploded ordinance remain, making the terrain potentially dangerous to the public's health and safety. And the WiFi on Kaholawe is weak, creating a spotty cell service and therefore a regular commuting meeting there is impractical.

Coordinating travel, accessibility, signing of required liability waivers and supervising participants' movements to ensure their safety also make public participation in the meeting impracticable. In a discussion with OIP about the possibility of holding a regular meeting on Kaho'olawe, the OIP attorney agreed it would likely be impracticable. Even so, we must obtain the committee's votes on all the criteria and then get OIP's written concurrence. Members, today we have Kirk's Executive Director, Mike Na'hopii with us today to provide brief comments and answer the questions, if any. Members, if there's no objections, I'd like to designate Mike Na'oho'pi'i as a resource under Rule 18A given his expertise on Kahloave and particularly on the reforestation efforts and efforts to revive the Na'ulu Cloud Bridge.

Any objections, members? Thank you so much. Mr. Nau'opi, thank you for being here. Do you have any brief introduction comments about the necessity of the committee holding a limited meeting on Kahoolawi.

Thank you, chair. The importance of coming to Kahoolawi for the council here is, one, see the type of work that we're doing on Kahoolawi to do restoration on a very ecologically devastated island and to see the type of work and the means that we are accomplishing this work so that we can also show you the potential work sites that we have envisioned to support the Naulu Cloud Bridge project and to demonstrate some of the things that we want to do to support this project. Some of the reasons for the, as the chair was saying about limited liability, the limited meeting, travel will be provided by the Kirk boat, which is a 40 foot landing craft. We will be launching from Kihei, but we'll be landing on the beach and we may have to wade or maybe shallow swim ashore depending upon the surf conditions. The base camp is considered the field camp as not ADA accessible.

We have boardwalks and gravel trails between the buildings. Due to historic use of the island as a bombing range, all visitors to the island are escorted by Kirk trained access guides who have unexplored ordnance training to be able to provide safety and security to the people that are on the island. While on island, as we travel across the island, we'll be being transported by Kirk altering vehicles, limited means of transportation and we will be going off road on most of the way. So there's limited number of people we can transport and the trails are limited on the island. And also since this is an overnight trip, there will be limited accommodations and facilities available on island.

Thank you. Thank you so much for that

presentation. Members, do we have any clarifying questions now? I don't see any, so we can move on to public transportations. Don't see any hands. Okay. Thank you, members. We're going in no public testimony. Oral testimony via phone or video conference will be accepted in addition to in person testimony. Individuals wishing to testify in person may sign up with a staff member at the entrance of the chamber. For those joining the meeting, via Microsoft Teams, please let the staff know if you're wishing to testify by using your raise your hand function.

Once you've been added to the testifier logs, the staff will lower your hand. Testifiers wanting to provide video or audio testimony should have joined the online meeting via tiny URL link or by calling in the phone number vote noted on today's agenda. Written testimony is encouraged and can be submitted via the e comment link via, mauicounty.us/agendas. Before I go any further, Steph, do we have any testifiers?

Yes, chair.

Okay. Let me continue. Oral testimony is limited to three minutes per item. If you're still testifying beyond that time, you'll hear a second timer go off in thirty seconds. I will kindly ask you to complete your testimony. We ask that you state your full name and organization, but if you prefer to testify anonymously, staff will identify and refer to you as testifier. Please also indicate the agenda items or items you're wishing to testify on. And once you're done testifying or if you do not wish to testify, you can view the meeting on Akaku Channel fifty three, Facebook Live, or mauicounty dot us agendas. Thank you all for your cooperation. The chair will maintain decorum and any person who behaves in a manner that meeting.

Can, at the discretion of the presiding officer or a majority of the present council members, be ejected or banned from the committee meetings or, if participating remotely, muted or dropped from the meeting. Examples of disruptive behavior include heckling, shouting, use of profanity, threatening or slanderous remarks made to any member of the council staff or public. Committee members are now proceed with oral testimony and staff has been monitoring if any individuals are ready ify. So staff, will you please call the first testifier?

Sure. The first testifier is the royal house of Hawaii to be followed by James Langford.

Okay.

Aloha. This is the royal house of Hawaii and descendants and heirs of Hepha Hepha Nui, and royal patron heirs, descendants of Hepha Hepha Nui and Manoa. And, I'm gonna be testifying on two of the items, both of the items today. So, I I can start. Yes, please.

Okay. Aloha county council members. So the, the first one was, oh, yeah. So the lands that to bring back the it sounds great that you guys wanting to bring back the weather, the the cloud back. Right?

But as you guys should know, all of Hawaii is royal patented, titled, what we call a. And none of us heirs have been contacted, haven't been let known that they're gonna be using our lands, and that's a that's a big violation. I mean, like, it's I get it. I understand that it's supposed to be for the public, but it really shouldn't. It should be for the heirs first.

And because we wanna go back to the land. You know what I mean? But if we was to, we would get kicked out for, like something. Like, and we would get hurt and everything if just because we wanted to go back on our land. And it should be for the beneficiaries, the descendants, the heirs of the royal patent, first, and then other Hawaiians, and then the public.

Yeah. Because it's a loyal title. It could never be taken away from us, and it's cool that it's for the public but it should be for the descendants first. It always should like I really don't understand. You know what I mean?

I I testified many times about royal patent and you got it's not being recognized. It should be recognized. It's recognized in the TMKs. I see that the TMKs are being changed, which is highly illegal because we already did the claims in eighteen hundreds with those lands. And under the legal in it's the legal info and it cannot be changed. Why is it being changed recently? I don't know. It's really weird. But for the lands, to bring back the cloud, it should be the descendants gotta gotta go first. Gotta.

And if it's not, then that's you participating in the illegal occupation of this country. Hawaii Pa'ina. And, yeah, are you guys or how are you guys not? Okay. So, second topic. Yeah. The second one, topic, the meeting has to be for the public, by the way. And, yeah, it should be, the meeting is supposed to be for, for the pub okay. Yeah. So, like, for the first one that I was just talking about, that for the descendants.

And then now this one is for the meeting. Right? The meeting is supposed to be for the public, by the way. And why is it being a private meeting with certain people that not can? Because we, the descendants, have not been contacted. All the and when I say us descendants, now that you're talking about all the descendants of the royal patrons of all royal patrons. Because you're talking about Ko'olawi, I mean, and whatever, any kind land, period. It's gotta you need to call the descendants that are blood Kanaka. This is don't take any off offensiveness. I don't know why people get offensive.

Please don't get offended. I don't know. But it has to be for the descendants, you guys. What? Like, you guys are just kicking off all the descendants out and then just replacing them with any kind and with the wrong people with the wrong sentence that are doing the practices that are supposed to be practiced over there. You know? And Yeah. Yeah. It's it's crazy. Replacing, like even when you guys bring in cultural advisers or these kagunas to be allowed to do any kind of stuff, like, they're not even supposed to be I don't know.

I even know. It shouldn't be for people that it shouldn't be for. Okay. And only people that are of that area who do the practices of that area need to be over there at that area and make the make the meeting public because it's supposed to be and yeah, because the our us descendants never get, notified. That's why. Yeah.

Okay. Alright. Thank you for your testimony. Let me see if we have any clarifying questions for you. Seeing no hands raised, thank you once again for your testifier, please?

Yes, sure. The next testifier is James Langford.

We can't hear you, Mr. Langford. You might wanna unmute yourself. I see you have new headphones on today. Can't hear you.

Right now. Let's try this.

There it is. Now we can hear you.

Is this better?

100%. Yes. Go ahead.

Woo

hoo. Well, I'm excited for you guys to get to go over to Coho Olave. And From a spiritual perspective it. Understanding the dynamics of how the people so what the land will feel like. In like Ukraine and right now.

That's potentially the opportunity that you folks have to tune into. The what would be I guess we could say the heart or the feelings of the land. You know one of the way and brothers that why he loves Maui so much. It's because it these are his words words we have different ones. But he said.

It's because you can still feel God there. So ironically if you look at the Arctic right now and my and I T buddy can tune into this there was a thing called the operation paperclip in 1938 which was to melt. The Arctic ice cap in order to have faster oil trade lines. Okay well that's been achieved so. If that's something that gives us pause and hesitation and pain what we can do say Okay.

Funding a cloud bridge seems like a pretty smart way because what happens when you melt an ice cap it's probably going to make clouds so we claim spiritually. The manna and kala that goes with the healing of that pilakia is in potentially in which way to say Words that might heal and justify you know whatever you folks are going to go do over there and all that stuff. What I would love to do if I went with you guys is that that up in the navigator seat at night and let my brain Feel all the stars and all the constellations up there. Aligning so I could get a better perspective in my heart. With the light of just the starlight in to my brain and then into my eyes and into my heart and then I would feel that.

And I would listen to whatever responsibility that I had. So I invoke your guys. Abilities too. Develop the empathy to feel in that way, especially if you're a complete English speaker too. So, you know, the public needs to know what's up, obviously. And, you know, my time's up. I

love you.

Okay, mister Langford. Let me see if we have any clarifying questions for you. Seeing none, thank you once again for your testimony. Staff, will you call the next testifier, please?

Chair, staff has not received any further request for testimony at this time. Would you like us to do a last call?

Yes, please.

If anyone would like to testify, please raise your hand by clicking on the raise your hand button or or pressing 5 via phone. Last call for testimony. 321. Chair seeing no individuals wishing to testify.

Members seeing that there's no more individuals wishing to testify without objection, I'll now close public testimony. Any objections, members? Okay. Let's move on to the agenda. Okay. Members, I will now entertain motions statutorily required to hold the limited meeting. As Directors

Board of

Board of determining that scheduling a limited meeting on Kahoolawe is of necessary and the location is dangerous to the health or safety of the attending public for specific reasons. The meeting is necessary because Kahoolawe is often overlooked part of Maui County that all council members have a kuleana to understand and protect. The limited meeting presents a unique opportunity for council members to visit Kahoolawe, which has an important historical environmental and cultural significance to the Maui County and is an instrumental site in reviving the Nauulu Cloud Bridge. Visiting the site in person will provide council members with a greater understanding of the restoration work being performed and the scope, value and necessity of additional work needed to revive the Nauulu Cloud Bridge and ultimately much needed rain will help that it will help to create. It takes visiting a place in person to develop to connect with the Aina.

The location is considered dangerous to the health or safety of the attending public because boat transportation to the island may sometimes require swimming to shore. Unexploded ordinance are present on the island presenting the potential for public injury and county liability. And the island's environment is harsh with little protection from the elements and the island's facilities are basic and limited. Emergency service is not readily available if members of the public become injured and the public attendance requires an over and the public attendance would require an overnight stay. The committee also has no way to evaluate public participants' physical fitness to participate in the excursion and cannot monitor all the public participants' movements to ensure their safety.

So that's the motion, members. Can I get a I get a so moved by Member Hodges? Do I have a second? We've got a second from Council Member Cook. So let's discuss and please raise your hand if you have a question. I won't think we'll go down like I think you guys pretty see it's pretty understandable that this is a place that requires a limited meeting for the reasons I just stated. Anyone with a hand? Oh, I do Council member Ohuhajans.

Thank you, chair. I don't have a question, but I for Sunshine Law's sake, my dad is in the car with me between now as we are waiting to pick up my son and my niece from

school. Okay.

Question share. Happy to support. Thank you.

Alright. So in the interest of time, I don't see any hands, so I'm gonna call for the question. All those in favor of the motion on the floor, raise your hand. Okay. We got one, two, three, four, five. Wait. 123456. Six eyes, zero nos. Motion passes. Okay.

Thank you for that. It's this is new for me doing a limited meeting, so pardon me if I'm a little bit not as fast with my flow. The limited meeting presents a unique opportunity for the council members to visit Kaho'olawe, which has an important historical environment and cultural significance to Maui County and an instrumental site in reviving the Nalulu Cloud Bridge. Hold on a second. We're on the second, motion.

Right, Steph? Okay. So this is, it's so similar to these reasons. Okay. Here we go.

I'll next entertain a motion determining that the schedule of site inspection on Kahului is necessary and the public attendance is impractical for these specific reasons. The site inspection is necessary because Kaholawe is an often overlooked part of Maui County that all council members have kuleana to understand and protect. The limited meeting presents a unique opportunity for council members to visit Kaholawe with an important historical environmental and cultural significance and is instrumental in site in reviving the Nulu Cloud Bridge. Visiting the site in person will provide council members with a greater understanding of the restoration work being performed at a scope, value, and necessity of additional work required to revive the Nalu Cloud Bridge and ultimately the rain that it will create. This is very similar to the other one.

Is that correct?

Yes, Chair. This is about the necessity for the site inspection, which is slightly different, I think if we have two bases, it might be stronger for OIP.

I beg your pardon?

Providing two bases for OIP.

You need two it's very similar. So members, I'm sorry.

Probably only need one, but just in case, we cover all our bases.

Okay, sure. So public attendance is impractical because the potential for ADA accessibility issues that cannot be accommodated, that's a new one. The Kalalaube Island Reserve Commission requires each participant to sign a liability waiver and charges a fee for each participant. Boat transportation to the island may sometimes require swimming to shore. Unexploded ordinance are presented on the island presenting the potential for public injury and county liability.

And the island's environment is harsh with little protection for the elements. The island's facilities are basic and limited. And emergency services are not readily available if members of the public become injured. Public attendance would require an overnight stay and the committee has no way to evaluate public participants' mental or physical fitness to participate in the excursion. The committee cannot monitor all public participants' movements to ensure their safety. And the Wi Fi on Kaholawe is weak and cell phone service is spotty, making a regular committee meeting impractical. So that's the motion on the floor members. Can I get a so moved in a in a second? So moved. Okay.

No. Councilmember Oh just moved it, and we got a second by councilmember Cook again. Let's go into discussion. Any members have any type of discussion, raise your hand on this. And I'm looking, I don't see any hands raised. So let's call for the question on that one. It's very similar once again. All those in favor of this motion to raise your hand, say aye. Okay. That's unanimous once again. Let it be known. Is it six or five staff? Six ayes. Thank you for that. Six ayes. Tomorrow's excused. Council member Paul is excused. Okay. This is the last one. All right.

Members are finally entertained a motion to require or request a waiver of the video according to requirement for the limited meeting because of the following reasons. The meeting would be needed to be recorded via cell phone. The meeting may be for a very long duration, making it difficult to keep cell phones sufficiently charged as we might not have access to a power source. Limited OCS staff will attend the meeting and will also be need to taking handwritten notes for minutes. The terrain may also be footing make footing for filming dangerous.

So that's the motion on the floor on why we want to exempt ourselves from that. So is there a motion we got Councilmember Cook. Do we have a second? We got a second by Councilmember Batanggan. Thank you for that. Any discussion on why we want to exempt ourselves from the video requirement? I don't see any hands for discussion. So let's call for the question. All those in favor, raise your hand and say aye. Councilmember Uwu Hajj, you're frozen. Can you unmute and okay. Looks like we'll just we have enough though. Okay. So what's the count? Five ayes?

Five Five two is excused. Okay. Motion passes. Chair, or members, I think I think that takes us to the end of the meeting, but I'm gonna check with staff. Staff, that was very unusual for me to do a limited meeting. Is there anything else that I might have missed?

No, Chair. You might mention that all the details will be forthcoming in the travel memo and then if you wanted to defer the items. Items.

Okay. Thank you for that. So members, want to let you know that there is a memo coming out that has all the travel arrangements, all the questions that you might have for travel will be coming to you shortly either today or Monday and that I would like to defer this item. So any objections to me deferring this item members? We do have a question from Councilmember Senecchi.

Yeah. No objections, but the question did did you decide on the two possible dates? February 12. February 12. Be part of the memo.

February 12. I'm sure it'll be in the memo, but February 12 would be the date. You for that question. Good point. Okay. That takes us to the end of the agenda members, and the item is deferred. So the adept committee of 01/30/2026 is adjourned.