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HomeMy WebLinkAboutMIN GOEAC 2023/07/25 (2022-2024) Committee on Governmental Operations and External Affairs 13th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii July 25, 2023 CALL TO The regular meeting of the Committee on Governmental Operations and ORDER: External Affairs was called to order at 10:30 a.m., in the Council Chambers, Hilo, by Mr. Matt Kaneali`i-Kleinfelder, Acting Chair. ROLL CALL: Present: Ms. Michelle M. Galimba, Member Mr. Holeka Goro Inaba, Member (via videoconference from Kona) Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member (via videoconference from Kona) Absent& Excused: Ms. Cindy Evans, Chair Ms. Susan L. K. Lee Loy, Vice Chair Ms. Jenn Kagiwada, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Chuck Flaherty: Comm. 345, in support. (representing Sierra Club of Hawaii, Hawaii Island Group) Eileen O'Hara: Bill 56 (Comm. 362), in support. Jan Marshall: Bill 56 (Comm. 362), comment. Susan Osbourne: Bill 56 (Comm. 362), in support. Janice Palma-Glennie: Comms. 342, 343, 344, 345, 346; and Bill 49 (Comm. 305), comment. GOEAC-13 July 25,2023 Robert Golden: Bill 56 (Comm. 362), in support. (representing Puna Rising) Amedeo Markoff: Comm. 350 and (representing Mainstreet Bill 56 (Comm. 362), in support. Pahoa Association) ACTING CHR KANEALI`I-KLEINFELDER: Mahalo. We are going to go per the request of the Council, barring any objection, to Communication 355 first. Change Order As directed by the Chair and with no object from the Council Members, the of Business: following items were taken out of order. Comm. 355: APPOINTMENT OF HEMI MARTINEZ TO THE YOUTH COMMISSION From Council Member Heather L. Kimball, dated June 29, 2023. Vote on Comm. 355: Ms. Kimball moved to recommend confirmation of the (Approved) appointment of Ms. Hemi Martinez to the Youth Commission. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—6. Noes: None. Absent: Committee Members Evans, Kagiwada, and Lee Loy —3. Excused: None. Point of Order: MS. KIMBALL: Quick point of order, Chair. I wanted to make sure we were all still clear that these are appointments and not nominations. So it's not an up or down vote on the candidate, it's just to close file. ACTING CHR KANEALI`I-KLEINFELDER: Okay, thank you. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Page 2 GOEAC-13 July 25,2023 Bill 56: AMENDS CHAPTER 2, ARTICLE 47, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE APPROPRIATION OF DISASTER RELIEF FUNDS FOR DAMAGES, LOSSES, AND SUFFERING CAUSED BY THE 2018 KILAUEA ERUPTION To establish standards for the appropriation of disaster relief funds that the County received, or may receive, for the purpose of providing relief, recovery, mitigation, and long-term resilience for disaster damages, losses, and suffering caused by the 2018 Kilauea eruption. Reference: Comm. 362 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Bill 56 on first reading. Seconded by Ms. Galimba. ACTING CHR KANEALI`I-KLEINFELDER: Council Member Kierkiewicz, why don't you take it away. MS. KIERKIEWICZ: Thank you very much, Chair, and I appreciate you taking this measure out of order. This bill has been in the works for quite some time. I think we have some members of the Council that weren't here when the eruption happened and all of the work that it took to secure money from the State. And then, also to create processes and programs that allowed community partners to access those funds and support recovery projects in the Puna region. This bill is an opportunity for us to be able to unlock more funds to support the community to really empower the community to take action, and we have been able to learn a number of lessons from the initial launch of the program to ensure that going for this program is much more efficient. And we are continuing to drive incredible impact into our grantmaking. I just want to be clear, there is not enough money to go around. There is no unlimited pot of money to support every single person, every single need that has come from the eruption. Douglas and I wrestle often, like I cannot sleep at night sometimes just knowing the incredible need that our community faces. And no matter which way we slice it, there is just not enough funds out there to make everyone whole; to fund every project, but we are doing what we can to support as many partners as possible to ensure that the work that happens is meaningful, and is broad, and is deep, and sustainable. So, high-level overview of the changes and what they are meant to do. It is supposed to support our long-term recovery and resilience within the Puna region, it's supposed to help solve some of the unmet needs. It also recognizes the evolving priorities within our community, and I'll go over some of the changes in just a second. Page 3 GOEAC-13 July 25,2023 This bill is meant to stimulate economic growth. We keep hearing from community partners, "what are we going to do that is a signature set of industries for the Puna region?" This bill allows us to hone in on that. It's also an opportunity to expand partnerships and support more community nonprofits that have come out of the Puna Strong program and really are working wonderfully together as a regional body. You know, I mentioned earlier, not having enough money to go around. This pot is meant to be money that can be leveraged to secure other funding from State, from Federal partners, from philanthropy. At the end of the day, with these grant funds, we are able to support a more comprehensive and inclusive recovery process that helps with our long-term healing and growth. A high-level update for the ordinance, and again, I've heard a number of comments about increasing the cap. I've wanted to increase the cap for a very long time. What we were able to do this time around was ensure that folks that got$500,000 last time because right now the current ordinance says, "you can receive no more than $500,000." We've tweaked the language so that folks are able to apply for additional funds. But going beyond $500,000, we're not going to be able to support as many organizations that we'd like. Again, would really love to be able to support folks more. But again, there's just not enough money to go around. In terms of updates. High-level overview, we are adding the term, long-term resilience to the list of what the grant's funds can be used for. I don't want to come across as insensitive in any way. I completely recognize because I'm with my community 24/7 on this, but folks are in different phases of recovery. So, this money is supposed to support recovery, but also recognizes that there are organizations; individuals out there that are also working in parallel to support resilience efforts, economic development in Puna. There's also been concern from community partners around where this money will go. The entire island was impacted by the eruption, but Puna was really the most impacted and devastated. So. clarifying what the lower Puna region looks like. And this is not language we made up, it is currently in our Code; it was drawn from the section of Code related to the Geothermal Relocation and Community Benefits Fund. We did add a little bit there to make sure that other communities that weren't listed in there, like `Opihikao was eligible for funding. I mentioned earlier that we were amending the maximum grant award so that every application cycle that we have, folks are able to apply for, and are eligible to receive up to $500,000. We also wanted to recognize that there are a lot of groups and initiatives out there that don't have a 501(c)nonprofit status. So, ensuring that nonprofits can serve as fiscal sponsors and also apply for funds to do projects and programs. Then we also Page 4 GOEAC-13 July 25,2023 clarified that an application process is necessary in order for nonprofits to be able to access those funds. That's a high-level overview. I do want to invite my colleague Douglas Le to provide an overview. And Douglas, in your comments, I'm hoping that you can share with us, assuming everything moves forward in Committee and Council, when will applications be available? Is it possible to do a community webinar so that members of the community are familiar with the application process? Is there a way for us to get input from community members ahead of the application process so we can really understand priorities, and that the application review committee is in a position to keep that in mind; take that into consideration when reviewing and awarding. How much money is available? Again, we're drawing down from the $20 million in flexible dollars that was granted to us from the State. We've already expended a little over $3.4 million with the first round of funding for this program. There was also money for the Puna Strong Grants program. How much are we looking at for this second round? Are there other costs that the County has incurred or needs to consider when it thinks about how the $20 million is going to be fully utilized? So again, what's going to be done with the remaining funds, and is there any way where your office can showcase online the totality of funds that the County has received, the different projects and programs, and what's actually available, and what the plans are? Oh, I did it in five minutes. Look at me. Anyway, thank you Chair. I'll yield the floor and hope that Douglas is provided an opportunity to provide some comments, because this was certainly a collaborative effort. Thank you very much. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Kierkiewicz. Go ahead Mr. Le. (Note: At this time, Disaster Recovery Officer Douglas Le, came forward to address the members of the Committee.) MR. LE: Good morning, Chair and members of the Council. Douglas Nam Le, Disaster Recovery Officer with the Planning Department. You know, we really appreciate the opportunity to bring this bill forward in collaboration with Council Member Kierkiewicz. When this program began two years ago, it came out of a moment where the County was really working to move its kuleana forward, in terms of recovery efforts. The community throughout lower Puna was looking for ways to tap into resources; access funds to be able to really take action on their own recovery. Page 5 GOEAC-13 July 25,2023 I think this program and the $3.6 million rewarded the first round, at least for our team has really been one of the main highlights of our work, and I also want to acknowledge the important work that Patti Pinto on our team has done to take this ordinance and make it a thriving program. Patti has been a longtime community leader in Puna, and she's brought all of her inspiration and skill to our team; to the County. You know, I can't acknowledge her enough, and her imprint on what this program is. Happy to address some of the specific questions about how we're looking forward, but I also want to acknowledge just some of the points that were raised. The opportunity for these grant funds to leverage additional funds. You know,just some quick statistics from the first$3.6 million that were awarded in the first round two years ago. Those dollars have attracted among our grantees, an additional $1,478,000 million of additional funds to support their projects. The many organizations that were involved have been able to garner more than 12,000 volunteer hours to contribute to the work,which could be valued at $395,000. You know, the list goes on. And, of our grantee partners, who are very deeply rooted in the Puna communities, they understand the economic benefit that these investments make, so the majority of the funds have been reinvested in our local community. You can see the impacts if you drive down some of the lower roads in Leilani Estates those, you know, 18-inch cracks that used to be there are no longer there. Folks who have to drive that road every day no longer have to maneuver those cracks. You see the work that Kuleana project is doing in Pahoa and very visible from the highway what was a very overgrown kind ofI wouldn't call it a forest. There was a whole lot of trees and other species, it's now a thriving farm and providing opportunity for folks and food for our community. If you've visited Kua O Ka La, you'll see the thriving school. So,just a couple of examples. But you know, really in some of these changes, we are pursuing them to learn from some of the nitty- gritty of how we've administered the program for the first year, and to be able to just create another opportunity in this round of funds. You know, looking forward, this original ordinance established a public purpose for these funds, right, to be used for private uses and really specific to the recovery effort. I know when we worked together to create this ordinance back when part of the idea was to serve the immediate needs of the Puna Makai communities that were very much in recovery, but should another disaster hit any corner of our island and funds were available to be used in a similar way, we could adapt a structure of this ordinance to make it happen. But we always lay our focus on kind of where our communities are at in Puna Makai right now. Page 6 GOEAC-13 July 25,2023 In terms of what a level funding could be, you know, when we first set out in this program, we were really open to the kind of ideas and projects that folks wanted to move forward. It's folks like myself, folks like Patti, who have been working with many of our partners and in the community—or of the community for many years. We are on the Grant-Review Committee. Unlike other County grant programs, we have the privilege of being super close to the folks we work with, and hearing and understanding what those needs are and all the complexities involved. Moving forward, you know, some of the key priorities that I think we were able to see impact the first year, and we'd like to see moving forward, some of the priorities a lot of folks named this morning. Economic development, both kind of primary investment and secondary effects of economic growth, looking at projects that service the natural environment, restoring infrastructure to farms and private communities as appropriate, and the health and human services side of it, right? So, those are four priorities that we're looking to fund. We're very open to having deeper conversations. The work that we do day in and day out through our resistance capacity areas; through our various Puna programs. It all informs where our heads are at, as those that are responsible for administering the programs. So, these four priorities which are on our exclusive list, but are the priorities. It is how we are reflecting the application process moving forward. I'm happy to have a deeper conversation. You know, with the Council's support and moving forward with this bill and the proper readings, should the changes be adopted in September, we are looking forward to rolling out the application process shortly thereafter. We just want to make sure that the application reflects all the final changes in the bill that is passed and becomes an ordinance. We will be doing a briefing for anyone who wants to be an applicant. Kind of a weekend to do the application process. So, folks have a chance to look it up and digest it; ready their questions and we can help, and of course, throughout the application process, if folks have questions about, "what about this? How do I fill out that?" You know, our team is here. Really Patti has been a great resource to help folks navigate that. Moving forward into next year, we are looking to target an award of$3.5 million worth of funds. It's parallel to what we were awarded in the first round of this grant program, and this is where we are at right now. But I think from the experience of last year, there are projects we knew that were needed out there, and there are also other kinds of projects. You know, farms and enterprises that needed pig fencing, road clearance; you know, plant starts that we may not have been aware of, but now they're part of our family too, as a grantee. So, we look forward to hearing about additional needs; additional projects through discussions we might have between now and then; and also, an application process. Page 7 GOEAC-13 July 25,2023 So, I hope that covers a lot of the questions folks may have and where we stand right now with this current ordinance. You know, the opportunity to have this $20 million of recovery funds from the Legislature to support Puna Strong, and this Kilauea Grant Program is quite unique. I think there aren't a whole other places that are working on disaster recovery that have access to funds like this. But as we think about a future year for Puna Strong, and future years of funding there, this upcoming grant program, we're also facing some realities as you look ahead. You know, a major priority if movement on restoring Pohoiki Road and Highway 137; both road access and waterlines to the area. For those who have been paying attention, you know, the counties have been working really closely with FEMA (Federal Emergency Management Agency) to complete their environmental review process that will enable us to go procure, get kind of heavy equipment out there. But I also want to acknowledge that, you know, the $82 million that were funded towards roads back in March of 2020 was a capped grant. So, as we enter procurement, and we understand kind of what real costs look like to get this priority project moving, we are hedging, right, and I hope folks can understand why we're hedging. In the way to the Federal grant is cap one. We want to know, and we soon will know, right, as an outcome of a procurement, the full demands of projects like that, which is why we are taking more incremental steps based on the knowledge that we have in terms of the funding we have. Even with the privilege of$20 million, it is still a limited pot of funds that we have to make sure can be leveraged towards all of our recovery needs. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Le. Going to the Council for questions. Council Member Kimball. MS. KIMBALL: Thank you, and congratulations to all of you that put forward the time and effort to put this together. A couple of quick questions. To date, how many of the grants were within that$25,000 or less category and how many were above, both in the number of grant proposals and total funding? MS. KIERKIEIWICZ: I have that answer. Chair if I may? ACTING CHR KANEALI`I-KLEINFELDER: I would lean on Mr. Le. So, if you have that information, if not, we'll go to Ms. Kierkiewicz. MR. LE: Sure. So, 13 total grants were above the $25,000 amount. Sorry, 12. One ended up getting awarded. I think the grantee decided not to move forward. So, 12 total grants above $25,000, that totaled just over $3.5 million. Then of the grants, $25,000 were under. There were several. I don't know if you have that number, but the total award amount was $83,000 in the smaller values. Thank you for the question. Page 8 GOEAC-13 July 25,2023 MS. KIMBALL: Then, you know with respect to the eligibility and the addition of this sort of geographical definition, do you have a sense of—either to the author or Mr. Le, the grants that have been provided before, do most of them already fall into this geographical definition area? MR. LE: Yes. I can think about the majority of the grants falling under the geographic area. I think one outlier is Kua O Ka La as an example that services children and families that were directed back to the course. I think, Ms. Osborne spoke to the challenge they found. They face finding a facility after the inundation of their land. A really innovative project, Puna Flower Power, which enabled six orchid growers that were displaced from the Kapoho area to reestablish a supercool project. Really lovely folks. They did find a new home in Puna Rock, and so that is closer to Kea`au, of course than it is. The specific area is covered, but the growers that found a new home there were all directly displaced from Kapoho. MS. KIMBALL: I wonder, to the author, if there's some softening of the language here, or a way to give the ability to still do innovative programs like that, that I feel might potentially be limited by this? I want kind of like an extra clause in there that gives some flexibility where it's a direct benefit to the area that's been identified, but maybe physically or ultimately will be located outside. If you said we were all impacted, you folks were certainly impacted a great deal more in the Puna area. But I can see where there might be some intersection between programs that would not actually fall in this geographical scale. MS. KIERKIEWICZ: Chair, am I allowed to expand? ACTING CHR KANEALI`I-KLEINFELDER: Let Ms. Kimball finish up. MS. KIMBALL: One more question then I'll yield, which was just that I wanted to just take a moment to reflect on the definition of resilience that we have just now in Chapter 37. The new chapter that was created with OSCER (Office of Sustainability, Climate, Equity, and Resilience) to make sure that these two definitions play together and are similar. I should have done that before today's meeting, but I didn't. But I'd like them to reflect on each other so that we have that continuity within the Code. I'll yield now, Chair. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Council Member Kimball. Ms. Kierkiewicz, before I go back to you, I'm going to go to Ms. Galimba. And then we'll come back to Ms. Kierkiewicz. MS. GALIMBA: I just wanted to ask Mr. Le about—you were just discussing sort of the roads element, which was, I believe $82 million and then how that is interacting potentially the $20 million that the $3.6 (million) will be coming out of. Page 9 GOEAC-13 July 25,2023 I just wanted to sort of—if you could? What I'm understanding is that you're wanting to reserve some of that$20 million so that you can react to the needs of the roads project. Is that what I'm hearing correctly? MR. LE: Yes, that's correct. The $82 million from FEMA, the Federal funding, is going to be used towards Pohoiki Road, Highway 137. The $82 million is a capped grant from the Federal government. So, as we work towards these projects approved but also bid out. In several months we'll know what the actual cost to deliver the project will be, and we want to make sure that we are able to see the project through, which is why we are being conservative in terms of the allocation of the $20 million from the State Legislature. MS. GALIMBA: Okay, thank you. So, if you don't need the $20 million for the roads, as it turns out,potentially you could do another round of these grant funds. Does that kind of sum up the thinking? MR. LE: Yes, that's correct, and if there's other opportunities in addition to this grant program, to look at these outstanding needs of economic recovery in the area. I would, you know, really welcome those conversations too, with the community. MS. GALIMBA: Okay, and one last question. Do you see any further funding sources for this program in the future? MR. LE: I'd have to think about it a bit more. You know, it has been more than five years since the eruption began, and in terms of the funds awarded by the Legislature, those that were made available from FEMA; from the U.S. Department of Housing and Urban Development, which is the other kinds of go-to's for places for us. We've been able to leverage every penny, and we're just working to kind of move the products forward. I think, you know, seeing how this next round goes, I think we can see how grantmaking can continue to be a strategy to support communities moving forward with the funds that are available. I do look for other opportunities to secure grant funds as a part of the ongoing work. The recent USDA (United States Department of Agriculture) grant, Puna was one of those examples. But we're also working really hard to spend the money we have because there's still a lot of work to be done there. MS. GALIMBA: Thank you so much. I just wanted sort of a global sense. Thank you, I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Council Member. Council Members in Kona, before I come back to Ms. Kierkiewicz. Council Member Inaba, go ahead. Page 10 GOEAC-13 July 25,2023 MR. INABA: Just a question. Section 2-251, subsection (c) and(d). Just want clarifications, (c) is saying that grant awards can't be awarded for design or construction if something wasn't in existence and properly permitted prior to the eruption. Then subsection (d), is saying that grant awards can be used for capital improvement purposes if real property was either destroyed, shown to be at risk or otherwise damaged by the eruption. So, I'm just wondering if Corporation Counsel could weigh in here to kind of guide us to be very clear. Because one part is saying, it shall not be used; and another part is saying we can use it if a structure was in existence. So, either to restore, repair, rebuild, replace, or rehabilitate. I'm wondering if this might need some cleaning up. (Note: At this time, Corporation Counsel Elizabeth Strance, came forward to address the members of the Committee.) MS. STRANCE: Good morning, Elizabeth Strance, Corporation Counsel. I would need a few minutes to sit down and compare the language to determine whether they can be read consistently with each other, or whether there is an inconsistency. Generally, with statutory construction rules, you try to review laws, as complimentary to each other rather than contradictory. But I would need to look a little more carefully at the language before I gave an opinion. MR. INABA: Okay, thank you. I guess I'm a little bit concerned with regards to replacing a structure. Because technically then, the structure wasn't—if it was destroyed and it's completely gone, then I don't know if that subsection (c) allows for something new to be constructed. So, if we can just review that and get an opinion there. But happy to support this bill. Thank you, Council Member Kierkiewicz, for bringing it forward. Chair, I yield. ACTING CHR KANEALI`I-KLEINFELDER: Mahalo, Council Member Inaba. Council Member Villegas. MS. VILLEGAS: No, thank you. ACTING CHR KANEALI`I-KLEINFELDER: Okay, thank you. Coming back to Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I wanted to go back and address a couple of the questions and comments that were brought forward by Council Member Kimball. The resilience definition that we had inserted into this bill is based off of Federal definitions and our work in rewriting Chapter 7 related to Emergency Management and Natural Disasters. So, I just wanted to be cognizant of that. So, let's make sure this compliments those two sections of code. As it related to eligibility, we spent a lot of time really crafting this work, and many folks were involved; Recovery, and Finance, and Corp. Counsel, and LRB, Page 11 GOEAC-13 July 25,2023 (Legislative Research Branch) and my office. One of the things that after we published the bill, taking a closer look at, was the eligibility. Like it says it explicitly here, folks that are eligible, must be serving the lower Puna community. One worry that I have, and you raised it. So, we've been trying to work on an amendment with LRB, is to also explicitly state that organizations that were impacted by the eruption. You know, Recovery Officer Le did mention a couple of them Kua O Ka La and Puna Growers. They were in an inundated zone. But in order to mitigate future risks, they've located outside of those high-hazard areas, and there are very few funding strings available to them to support scaling up and building their work. So, I agree with you, and we will be working on an amendment that identifies those distinctions so that folks that were truly impacted are able to access these funds. Then to Council Member Galimba's point, we would love to continue this program. I don't feel comfortable asking for the State Legislature for any more money until we've exhausted every single penny that they've awarded us. So, we are working very hard to expend these dollars. It's not always easy, but once we do, then we can show the State that we are very responsible in expending public money and making sure that it goes to where it's needed most. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. MS. STRANCE: Council Member? ACTING CHR KANEALI`I-KLEINFELDER: Go ahead. MS. STRANCE: I got a chance to look at the language of the bill that Council Member Inaba was concerned about and understand how they fit together better, and if you'd like me to provide that opinion, I'm prepared to do that. ACTING CHR KANEALI`I-KLEINFELDER: Verbally or written? MS. STRANCE: Verbally. ACTING CHR KANEALI`I-KLEINFELDER: Okay, go ahead. Thank you, Ms. Strance. MS. STRANCE: So, subsection (c)talks about what the conditions of building a structure that was prior to the eruption, and that the building essentially must have been a legally constructed building. So, if that building had been in that condition prior to the eruption, then subsection (d)provides a permitted purpose to use funds to rebuild that structure. But I think the intention is if something wasn't built to Code or to the law before the eruption, then it would lose its eligibility for purposes of reconstruction or repair. Page 12 GOEAC-13 July 25,2023 ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Back to Council Member Inaba, as that was your question posed. Any follow-up for Corporation Counsel? MR. INABA: I guess so, I mean I hear what you're saying. But if the building's gone, are we just going based on permitting records from DPW's (Department of Public Works) Building Division to know whether something was legally built, or if somebody had added things to their structure, or made any type of improvement that's gone, as a result of the eruption? How are we making that determination? I'm just asking this because I don't think we should need an attorney to have to interpret what this means. It should be clear what is and what isn't allowed in terms of capital improvement spending. MS. STRANCE: Understood. Section 2-250 refers to what eligible nonprofit organizations are, and(a)(3) simply requires that information be submitted that's deemed satisfactory to the director. So, it's not asking for any specific type of information, but enough to satisfy the director or a grantor that the building meets the eligibility process. MR. INABA: Okay, to the maker of the bill, maybe just recommend reviewing subsections (c) and(d),just to see if they can be combined to be very clear. What we are and are not allowing? Another question,just in terms of the communities in Section 2-250, we're defining I guess the areas in which this funding can be spent, is this comprehensive of all areas affected by the lava flow in 2018? ACTING CHR KANEALI`I-KLEINFELDER: Council Member Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you. Council Member Inaba, the answer is "yes." But to ensure that we are not missing any communities, because all the communities that make up lower Puna are not listed. We also added that additional line, "other communities proximate to the lower east rift zone," such as `Opihikao. MR. INABA: Alright. Thank you, and then I'm just going to chime in on the definition of resilience. I hear what you're saying that we're using Federal definitions and definitions from, I believe, was it Civil Defense? But being that the establishment of OSCER really puts at the forefront resilience, and climate change and all of those things. I do support the idea that we either use the definition from OSCER or something very close. So, we're in line that way being that that office is going to lead these Page 13 GOEAC-13 July 25,2023 resilience charge at the County. So hopefully we can see more alignment there. Thank you. ACTING CHR KANEALI`I-KLEINFELDER Thank you Council Member Inaba. Mr. Le, go ahead. MR. LE: You know, if I may, to contribute to what Judge Strance shared. Some of these core requirements, eligibility; we can also elaborate on in our program materials and our FAQs (frequently asked questions) and our workshop to make sure that people understand how we're applying. I think for the eligibility criteria specifically called out in the ordinance, we would have questions like, you know, please explain to us how your project services A-B-C in order for it to be very clear, what is eligible and what is not, and for the applicant to articulate that. So, I hope that is another way we can clarify. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Council Member Kimball, go ahead. MS. KIMBALL: Thank you, Chair. I just wanted to chime in on that Section 2-251. I actually think it is relatively clear. It had to have existed. It has to be legal. That's the Condition (a), and then if that is true, then Condition (b) defines what purposes. So, for me they actually are both required to go together, and you know, you have to have met Condition (c)before you can even look at Condition (d). So, I feel that language is relatively clear, and I'm sure there is some legislative history to why it was actually drafted in that way. I just wanted to point out, and this is not an amendment that's being proposed today, but there was some comment from one of the testifiers about the opportunity for public input. I did want to highlight that if it is one of the grants over $25,000, then there's a resolution that comes forward to allocate that award. So, that would give us an opportunity for public input, which I think is an important part of all this process. So, thank you, Chair, I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Council Member Kimball. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, and I just wanted to expand on that. So, the Council is required to review and approve any grants over $25,000, so we'll see that in a form of a resolution. Anything less than that, there can just be a contract between the Director of Finance and that nonprofit organization. That doesn't have to go to Council, but the commitment from the recovery team is to list everyone that received an award,just so that there is transparency in the process. All of the awardees for the first round are on the Recovery website. Page 14 GOEAC-13 July 25,2023 In terms of community priorities, you know, I don't want to stand in the way of us being able to get applications out the door. I know Patti's chopping at the bit to, you know, publish all that information, and host the webinar. But you know, to communities' point around being able to weigh in on what's most important and helps set those priorities for what the recovery team grants. My office is hosting a town hall. I will take what you've shared, Recovery Officer Le and have those themes displayed, and folks can use little dots to indicate what is, you know, important to them; and also, suggest things that might not be listed. Then I also think as part of the Zoom webinar we can also look at other forms of participation online. Folks can weigh in on what the priorities are before the applications are published and reviewed and scored. That way folks can see their priorities sort of reflected in the decision making. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Okay, further discussion? Okay, now I have a few questions. Mr. Le, and this seems like the conversation today. You know, I've reached out to different folks. Again, if this passes, where do people go for information or to apply? I know you answered this, but I think some of us missed it. So, we're going to have to do it one more time. MR LE: So, it's definitely worth sharing again. So, we would put all the application information and the materials on our website, and we would use the different channels we have from our email list, our social media, and probably even a press release to get the word out about the opening of the application process. ACTING CHR KANEALI`I-KLEINFELDER: Okay, beautiful. Then, the $20 million, that was from the State, correct? MR. LE: Correct. ACTING CHR KANEALI`I-KLEINFELDER: And we haven't spent any of that yet? MR. LE: We have spent just over $4.3 million of that through this Kilauea Recovery Grant program. The first round as well as through the Puna Strong grant program, which is wrapping up its second year of grant making. ACTING CHR KANEALI`I-KLEINFELDER: So, between the Recovery and the Puna Strong grants, $4.3 million leaving $15.7 million on the table. This ordinance is saying this will not lapse, correct? MR. LE: The funds you mean? ACTING CHR KANEALI`I-KLEINFELDER: Yes, correct. Page 15 GOEAC-13 July 25,2023 MR. LE: I'm not aware of the $20 million lapsing. ACTING CHR KANEALI`I-KLEINFELDER: There's a section that was amended in this bill, "No Lapse of disaster relief funds ...shall not lapse and shall remain in the account until appropriated." Which is good. That's Section 2-255. I don't see any issues with that. I was just noting that. Okay since 2018, we've only spent $4.3 million of this funding source. Yes? MR. LE: Yes. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Then, let's say that an organization that wasn't a 501c(3) had an idea, and they wanted to do something. Could they be sponsored then by a nonprofit 501c(3) and apply for funding through that sponsor? MR. LE: Yes, absolutely. An organization, a hui, folks, a farm could work with a 501c(3) nonprofit organization to apply with that organization being the physical sponsor for the project. ACTING CHR KANEALI`I-KLEINFELDER: Okay, for under $500,000 or less than $25,000, anywhere in that range? MR. LE: For their project, correct. ACTING CHR KANEALI`I-KLEINFELDER: Okay, that's the end of my questions. And then more the statements side, yes, you know, I'm concerned that between all the support for the last bill, for the OSCER agency, then for this bill but to have differing terms of what resilience means and having that be one of the key words in the OSCER bill is concerning to me, that we don't have a solid definition, one way or the other. So, I'd like to see that solidified and fixed between the appropriate folks. Then, my main concerns for this and was and has been, I want to see these funds back into the community that was affected, and that has been clearly stated by the community again and again and again. My concern is, and it was brought up today, as we had people displaced from the eruption, they have moved to different areas outside of the actual area of inundation. So, there needs to be some carefulness in regards to that Section 2-250 for the eligible nonprofits. Completely understand keeping the money in the community, but don't want to limit folks who was from the inundated area who had to move. I'm not saying open this up to anybody and everybody, but if you were affected and you've had to move, and I've seen this, and I've seen the way our population has moved, post-eruption. We need to be cognizant of that and make sure we don't exclude anyone who needs help. That was recognized today, and I just needed to say this. Page 16 GOEAC-13 July 25,2023 Other than that, you know, I like this, and I will be supporting this. I would ask the maker what she wants to do at this point in the discussion. MS. KIERKIEWICZ: Thank you, Chair. With the support of my colleagues, I'd like to advance this bill forward to first reading. I think the amendments are certainly something that we are all supportive of. I absolutely want to make sure that there is consistency and alignment in the term resilience. I'm online right now looking at the OSCER version, the Chapter 7 version, our version, and really think that we can come up with a definition that, you know, brings it all together very nicely. I think we are all in agreement in making sure that this funding goes to supporting folks that are in most need and most impacted by the eruption. So, we'll be advancing some changes to just provide more clarity around eligibility to ensure folks that were impacted are able to access these funds. I think that concludes all of the changes that my colleagues wanted to see amended in the bill. So, happy to advance that and just hoping everybody is able to support moving this forward to first reading. The sooner we're able to launch the application process, the quicker we're able to get money into the hands of our community partners. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Council Member. Seeing no further discussion, a motion is on the floor to forward this to Council with a positive recommendation. All in favor? Vote on Bill 56: The motion to recommend passage of Bill 56 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—6. Noes: None. Absent: Committee Members Evans, Kagiwada, and Lee Loy —3. Excused: None. ACTING CHR KANEALI`I-KLEINFELDER: Thank you very much everyone for being part of the conversation. Mr. Clerk let's go to the top of the agenda, please. Return to Order The Chair directed the Council to return to the order of business. of Business: COMMUNI- The Acting Chair directed the Committee to proceed to the next order of CATIONS: business, Communications. Page 17 GOEAC-13 July 25,2023 Comm. 342: NOMINATION OF HEATHER KOROTIE TO THE KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Mitchell D. Roth, dated June 27, 2023, requesting the Council's review and confirmation. Requires Council Confirmation by: August 10, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 342: Mr. Inaba moved to recommend confirmation of (Approved) the nomination of Ms. Heather Korotie to the Kona Community Development Plan Action Committee. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—6. Noes: None. Absent: Committee Members Evans, Kagiwada, and Lee Loy —3. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. ACTING CHR KANEALI`I-KLEINFELDER: Communication 343,please? Comm. 343: NOMINATION OF JOHN D. PELLETIER TO THE KONA COMMUNITY PLAN ACTION COMMITTEE From Mayor Mitchell D. Roth, dated June 27, 2023, requesting the Council's review and confirmation. Requires Council Confirmation by: August 10, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 343: Mr. Inaba moved to recommend confirmation of (Approved) the nomination of Mr. John D. Pelletier to the Kona Community Development Plan Action Committee. Seconded by Ms. Galimba and carried by the following voice vote: Page 18 GOEAC-13 July 25,2023 Ayes: Committee Members Galimba, Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—6. Noes: None. Absent: Committee Members Evans, Kagiwada, and Lee Loy —3. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Point of Personal MS. KIMBALL: Chair, point of personal privilege. Privilege: ACTING CHR KANEALI`I-KLEINFELDER: Yes, Ma'am. MS. KIMBALL: I'd like to just make a note to the entire body that we are barely on the edge of quorum today. Council Member Galimba is going to have to leave at 12:30 (p.m.), and Council Member Kierkiewicz at 2 o'clock, at which point we will no longer have quorum. While these deeper discussions about appointments and CDPs (Community Development Plans) and whatnot are super important, I think we need to have a discussion that is directly related to that. But at some point, I want to encourage us to move quickly, and you know, fairly with proper deliberation through the nominations just so that we can get through everything without having to reschedule any items due to a lack of quorum. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Council Member Kimball. Going on to Communication 344. Comm. 344: NOMINATION OF GARY JASTER TO THE KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Mitchell D. Roth, dated June 27, 2023, requesting the Council's Review and confirmation. Requires Council Confirmation by: August 10, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 344: Mr. Inaba moved to recommend confirmation of the (Approved) nomination of Mr. Gary Jaster to the Kona Community Development Plan Action Committee. Seconded by Ms. Galimba and carried by the following voice vote: Page 19 GOEAC-13 July 25,2023 Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Comm. 345: NOMINATION OF NANCY PISICCHIO TO THE KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Mitchell D. Roth, dated June 27, 2023, requesting the Council's review and confirmation. Requires Council Confirmation by: August 10, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 345: Mr. Inaba moved to recommend confirmation of the (Approved) nomination of Ms. Nancy Pisicchio to the Kona Community Development Plan Action Committee. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Page 20 GOEAC-13 July 25,2023 Comm. 346: NOMINATION OF ZARINE DORABJI TO THE KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Mitchell D. Roth, dated June 27, 2023, requesting the Council's review and confirmation. Requires Council Confirmation by: August 10, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 346: Mr. Inaba moved to recommend confirmation of the (Approved) nomination of Ms. Zarine Dorabji to the Kona Community Development Plan Action Committee. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Comm. 347: NOMINATION OF RICHARD BIDLEMAN TO THE HAMAKUA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Mitchell D. Roth, dated June 27, 2023, requesting the Council's review and confirmation. Requires Council Confirmation by: August 10, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 347: Ms. Kimball moved to recommend confirmation of the (Approved) nomination of Mr. Richard Bidleman to the Hamakua Community Development Plan Action Committee. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Page 21 GOEAC-13 July 25,2023 Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Comm. 348: NOMINATION OF DAVID MEYER TO THE HAMAKUA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Mitchell D. Roth, dated June 27, 2023, requesting the Council's review and confirmation. Requires Council Confirmation by: August 10, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 348: Ms. Kimball moved to recommend confirmation of (Approved) the nomination of Mr. David Meyer to the Hamakua Community Development Plan Action Committee. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Change Order As directed by the Chair and with no object from the Council Members, the of Business: following items were taken out of order: Page 22 GOEAC-13 July 25,2023 Comm. 354: NOMINATION OF KURT E. SULLIVAN TO THE TAX BOARD OF REVIEW From Mayor Mitchell D. Roth, dated June 29, 2023, requesting the Council's review and confirmation. Requires Council Confirmation by: August 12, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 354: Ms. Kimball moved to recommend confirmation of (Approved) the nomination of Mr. Kurt E. Sullivan to the Tax Board of Review. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment ACTING CHR KANEALI`I-KLEINFELDER: Could we please go to Communication 353? Comm. 353: NOMINATION OF JASON EISERT TO THE TAX BOARD OF REVIEW From Mayor Mitchell D. Roth, dated June 29, 2023, requesting the Council's review and confirmation. Requires Council Confirmation by: August 12, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 353: Ms. Kimball moved to recommend confirmation of (Approved) the nomination of Mr. Jason Eisert to the Tax Board of Review. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Page 23 GOEAC-13 July 25,2023 Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. ACTING CHR KANEALI`I-KLEINFELDER: Okay, can we please go to Communication 350? Comm. 350: NOMINATION OF GREGORY HENKEL TO THE PUNA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Mitchell D. Roth, dated June 27, 2023, requesting the Council's review and confirmation. Requires Council Confirmation by: August 10, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 350: Ms. Kierkiewicz moved to recommend confirmation of (Approved) the nomination of Mr. Gregory Henkel to the Puna Community Development Plan Action Committee. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. ACTING CHR KANEALI`I-KLEINFELDER: Moving on to Communication 351. Page 24 GOEAC-13 July 25,2023 Comm. 351: NOMINATION OF JENNIFER SCHEFFEL TO THE PUNA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Mitchell D. Roth, dated June 27, 2023, requesting the Council's r review and confirmation. Requires Council Confirmation by: August 10, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 351: Ms. Kierkiewicz moved to recommend confirmation of (Approved) the nomination of Ms. Jennifer Scheffel to the Puna Community Development Plan Action Committee. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. ACTING CHR KANEALI`I-KLEINFELDER: Okay, let's go to Communication 349, please? Return to Order The Chair directed the Council to return to the order of business. of Business: Comm. 349: NOMINATION OF TISHA MAIKUI TO THE HAMAKUA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Mitchell D. Roth, dated June 27, 2023, requesting the Council's review and confirmation. Requires Council Confirmation by: August 10, 2023 (Section 13-4(k) Hawaii County Charter) Page 25 GOEAC-13 July 25,2023 Vote on Comm. 349: Ms. Kimball moved to recommend confirmation of (Approved) the nomination of Ms. Tisha Maikui to the Hamakua Community Development Plan Action Committee. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. ACTING CHR KANEALI`I-KLEINFELDER: That brings us to our next Communication 352. Comm. 352: NOMINATION OF MARTHA MORISHIGE TO THE PUNA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE From Mayor Mitchell D. Roth, dated June 27, 2023, requesting the Council's review and confirmation. Requires Council Confirmation by: August 10, 2023 (Section 13-4(k) Hawaii County Charter) Vote on Comm. 352: Ms. Kierkiewicz moved to recommend confirmation of (Approved) the nomination of Ms. Martha Morishige to the Puna Community Development Plan Action Committee. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Page 26 GOEAC-13 July 25,2023 Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. ACTING CHR KANEALI`I-KLEINFELDER: (Communication) 367,please? Comm. 367: APPOINTMENT OF ABIGAIL—ZOE GARAN TO THE YOUTH COMMISSION From Council Member Cindy Evans, dated July 11, 2023. Motion to Approve: Ms. Kimball moved to recommend confirmation of the appointment of Ms. Abigail-Zoe Garan to the Youth Commission. Seconded by Ms. Kierkiewicz. MS. KIMBALL: This is an appointment by Council Member Evans, and I believe that she is not able to be present today. So, we'll just have to proceed with the motion to close file. ACTING CHR KANEALI`I-KLEINFELDER: Okay. Is she available on Zoom? MS. KIMBALL: No, she's not available. ACTING CHR KANEALI`I-KLEINFELDER: Okay. Discussion Council Members, if any? MR. INABA: I'm going to make a motion to postpone,just so that the appointee and Ms. Evans can be here. Vote on Motion to Mr. Inaba moved to postpone Comm. 367 Postpone: to August 1, 2023. Seconded by Ms. Kimball (Approved) and carried by the following voice vote: Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. ACTING CHR KANEALI`I-KLEINFELDER: If we could as well, take up Bill 49? Page 27 GOEAC-13 July 25,2023 Bill 49: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO VACANCY IN OFFICE Proposes reducing the time allotted for the County Council to appoint a successor to a vacant County Council district seat, establishing restrictions on official candidates being appointed to a vacant County Council district seat, and that a person who has been duly elected to serve the upcoming Council term shall automatically fill a vacancy that occurs for that County Council district seat. Reference: Comm. 305 Intr. by: Ms. Evans Postpone: June 6 and July 5, 2023 (Note: There is a motion by Ms. Evans, seconded by Mr. Inaba to recommend passage of Bill 49 on first reading.) ACTING CHR KANEALI`I-KLEINFELDER: Mahalo, Mr. Clerk. MS. KIMBALL: Chair if I may? ACTING CHR KANEALI`I-KLEINFELDER: Please. MS. KIMBALL: On behalf of the author, she is requesting that we postpone this again to the August 1st meeting of this committee. Motion to Postpone: Ms. Kimball moved to postpone Bill 49 to August 1, 2023. Seconded by Ms. Kierkiewicz. ACTING CHR KANEALI`I-KLEINFELDER: Any discussion on the motion? Go ahead. MS. KIERKIEWICZ: Chair, I just want to lend my support for this postponement, given the gravity of touching our Charter. I think it requires full participation of the entire Council. So, I think the most appropriate thing to do is to postpone to ensure that all members can weigh in on the language of the proposed bill. I yield. ACTING CHR KANEALI`I-KLEINFELDER: Mahalo, Ms. Kimball. Any further discussion? Given that, the motion is on the floor to postpone Bill 49 to the August 1st meeting, and being no discussion, motion is on the floor. All in favor? Page 28 GOEAC-13 July 25,2023 Vote on Motion The motion to postpone Bill 49 to August 1, 2023 to Postpone: was carried by the following voice vote: (Approved) Ayes: Committee Members Inaba, Kierkiewicz, Kimball, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. ACTING CHR KANEALI`I-KLEINFELDER: Motion carries. Taking us to our last measure, Resolution 204-23. ORDER OF The Chair directed the Committee to proceed to the next order of business, Order RESOLUTIONS: of Resolutions. Res. 204-23: STRONGLY URGES THE UNITED STATES POSTAL SERVICE TO EXPAND POST OFFICE INFRASTRUCTURE FOR THE DISTRICT OF PUNA, HAWAII Reference: Comm. 365 Intr. by: Mr. Kaneali`i—Kleinfelder Relinquish Chair: At this time, the Acting Chair relinquished the chair to Chair Kimball. ACTING CHR. KIMBALL: Please let the record reflect that I have assumed the Chair at 2 o'clock in the afternoon. Mr. Kaneali`i-Kleinfelder, a motion. Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to recommend adoption of Res. 204-23. Seconded by Ms. Kierkiewicz. ACTING CHR. KIMBALL: Council Member. MR. KANEALI`I-KLEINFELDER: Thank you. This resolution was really borne from community concern regarding what we have in Puna when it comes to post offices and postal infrastructure. To their point, a lot of them are ready to go postal during COVID and has proceeded to stand at that level. This resolution, you know, it really does touch on the fact that we are County and USPS (United States Postal Service) is a Federal organization and is governed by the Federal bodies. I have reached out to our different senators and our congressional representatives, and the results of those conversations weren't as fruitful as I hoped, but it did shed some light on possible problems. A lot of that, centering on census data. They Page 29 GOEAC-13 July 25,2023 need to move forward and needing more community support. So, this resolution does speak to our community and does provide Council support to our congregational representatives in that we need more and more adequate service from USPS to our community. In the Puna area, and I would say possibly in other areas as well. Given my representation for the district and hopefully from my fellow Council Members, you know, I'd be open to amendments, if needed, in that area. But with that, you know, I'll be asking for everyone's support and hoping for everyone's support; and also, for any comments from the body as a whole. Thank you, Ms. Kimball, I yield. ACTING CHR. KIMBALL: Thank you, Council Member. Any further discussion? Council Member Kierkiewicz. MS. KIERKIEWICZ: I'll be supporting this resolution and just want to mahalo my colleague, Council Member Kaneali`i-Kleinfelder for, you know, really nicely encapsulating all of the not just the concerns, but I think the frustration that community has felt for a number of years and just feeling a sense of inequity and access to these sorts of services. So, any effort even if it's, you know, strong symbolic statement elevating this issue, I think it shows that we are listening to our community, empathetic and absolutely advocating on their behalf to those who are in positions of power to affect the situation. So, I support this measure. Thank you, I yield. ACTING CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, I'll just add quickly, I don't know that I've ever mentioned, Council Member Kaneali`i-Kleinfelder, that about 20 years ago, I did live in your district, and even back then, the postal service was an issue. So, happy to support this resolution as well. Thank you for putting it together. All those in favor of adopting Resolution 204-23 and forwarding to Council with a favorable recommendation,please say "aye." Vote on Res. 204-23: The motion to recommend adoption of Res. 204-23 (Approved) was carried by the following voice vote: Ayes: Committee Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Acting Chair Kimball —5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy —4. Excused: None. Page 30 GOEAC-13 July 25,2023 ACTING CHR. KIMBALL: I'll entertain a motion to adjourn. ADJOURN- There being no further business, at 2:04 p.m., Mr. Kaneali`i-Kleinfelder moved MENT: to adjourn the meeting. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Committee Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Acting Chair Kimball—5. Noes: None. Absent: Committee Members Evans, Galimba, Kagiwada, and Lee Loy—4. Excused: None. ACTING CHR. KIMBALL: We are adjourned. The time is 2:04 (p.m.). Thank you everyone for accommodating the schedule today. Approved: Ms. Cindy Evans, Char (Date) Committee on Goverm ental Operations and External Affairs CE/dt Page 31