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HomeMy WebLinkAboutMIN GOEAC 2023/09/05 (2022-2024) Committee on Governmental Operations and External Affairs 16th Session Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i September 5, 2023 CALL TO The regular meeting of the Committee on Governmental Operations and ORDER: External Affairs was called to order at 9:00 a.m., in the Council Chambers, Hilo, by Ms. Susan L. K. Lee Loy,Vice Chair. ROLL CALL: Present: Ms. Cindy Evans, Chair(via videoconference from Kona) Ms. Susan L. K. Lee Loy,Vice Chair Ms. Michelle M. Galimba, Member(came in later) Mr. Holeka Goro Inaba, Member(via videoconference from Kona) Ms. Jenn Kagiwada, Member Mr.Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz,Member Ms. Heather L. Kimball, Member Ms. Rebecca Villegas,Member(came in later) 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: (There were none) ACTING CHR. LEE LOY: Let the record reflect Ms. Kierkiewicz has joined us. Mr. Clerk, Communication 402. COMMUNI- The Acting Chair directed the Committee to proceed to the next order of CATIONS: business, Communications. Comm. 402: APPOINTMENT OF KYLA—MARIE TURNER TO THE YOUTH COMMISSION From Council Member Matt Kaneali`i—Kleinfelder, dated August 10, 2023. Motion to Close File: Mr. Kaneali`i—Kleinfelder moved to recommend confirmation of the appointment of Kyla—Marie Turner to the Youth Commission. Seconded by Ms. Kierkiewicz. ACTING CHR. LEE LOY: Mr. Kaneali`i-Kleinfelder. GOEAC-16 September 5,2023 MR. KANEALI`I—KLEINFELDER: Thank you, Chair. Just look forward to everyone's discussion on this communication. This is the nomination or appointment for the Youth Commission for my district. Kyla-Marie Turner. I don't know if she will be joining us today or not. I was hoping to see her, but I do not see her, unless she's on Zoom. Okay. With that, that's all the discussion that I have. Thank you. ACTING CHR. LEE LOY: Thank you, Mr. Kaneali`i-Kleinfelder. Would you care to introduce her at all? It is your nominee. MR. KANEALI`I—KLEINFELDER: I would actually, yes. I have a little bit of information on her. I'm just going to say, I didn't get a lot of folks applying for this in my district. And she stood out to me as being a graduate of Kamehameha Schools (KS) in 2020. She is currently at UH (University of Hawai`i) Hilo as an undergrad. She is double majoring in English and Anthropology, minoring in Hawaiian Studies. Honors diploma from KS in 2020, as I stated. And just seems to be a very good fit for our Youth Commission in general. That's about all I have, I do apologize. ACTING CHR. LEE LOY: Thank you, Mr. Kaneali'i-Kleinfelder. Ms. Kagiwada. MS. KAGIWADA: Thank you, Chair. Thank you for bringing this great candidate to the Youth Commission. I just want to say I really appreciate the diversity in age range is really good. So, I was glad to see that you got someone who is toward the older end of our range that we have, so we have different folks represented. I think she'll probably be a great leader within the Committee, but thank you so much. I appreciate it, that's all. Thank you. ACTING CHR. LEE LOY: Thank you, Ms. Kagiwada. Anyone else? Seeing none. Yeah, thank you, Mr. Kaneali`i-Kleinfelder. I think we were on the same wave length when it came to trying to reach people on the other end of that spectrum. I have a motion to close file on Communication 402, all those in favor please say "aye". All those contrary minded? Vote on Comm. 402: The motion to close file on Comm. 402 was carried by (Filed) the following voice vote: Ayes: Committee Members Evans, Inaba, Kagiwada, Kaneali`i—Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Lee Loy— 8. Noes: None. Absent: Committee Member Galimba— 1. Excused: None. Page 2 GOEAC-16 September 5,2023 ACTING CHR. LEE LOY: Please let the record reflect Ms. Villegas has also joined us. I'll ask my colleagues; I wanted take care of all of our nominees before getting into that. So if it's okay, Mr. Araceley, anyone for Communication 421? Change Order As directed by the Chair and with no objection from the Council of Business: Members, the following items were taken out of order. Comm. 421: APPOINTMENT OF LA`AKEA JUDD TO THE YOUTH COMMISSION From Council Member Susan L. K. Lee Loy, dated August 22, 2023. Motion to Close File: Ms. Kierkiewicz moved to recommend confirmation of the appointment of La`akea Judd to the Youth Commission. Seconded by Ms. Kagiwada. ACTING CHR. LEE LOY: If it's okay with my colleagues, I'll take the liberty. La`akea is my nominee, and he is actually here in Chambers. La`a, if you don't mind taking a few minutes to introduce yourself to my colleagues. Go ahead and pull that mic a little closer. I'm guessing there's a button because this is new equipment for us. Go ahead and introduce yourself. (Note: At this time, nominee La`akea Judd came forward to address the members of the Committee.) MR. JUDD: Hello, everyone. Mahalo for having me here today. My name is La`akea; last name is Judd. I was born in Honolulu and raised here on the Big Island. All my life my parents were park rangers, so I hold the Volcano area close to my heart. I am a recent graduate of Kea'au High School, back in 2019, when I just earned my Associates in liberal arts from Hawai`i Community College. And I am now in my junior year, majoring in communications at the University of Hawai`i (UH) at Hilo. Mahalo for having me here today. ACTING CHR. LEE LOY: Thank you, La`a. Any of my colleagues, any questions? Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Aloha, La`a, good to see you. Thank you for being here and for putting your name forward. I see your mom in the gallery, Kalehua. Oh, your boss, sorry. Well, she's a wonderful individual. I'm sure she's mentoring you very well, she certainly embodies service above self Wondering if you could share with the Council your interest in serving on this Commission. What do you hope to achieve? MR. JUDD: Yeah, I need to get used to this. So my aspirations, as I was sharing with Sue Lee Loy, is that I work for Ka Pouhana, and that is my boss, Kalehua, in the back. That program is designed to help incoming freshmen coming into UH Hilo to adjust to college life for their first three years. And over the summer, I Page 3 GOEAC-16 September 5,2023 helped spearhead a project that gave food to over 200 families in the Hilo area and elsewhere and we prepared 500 bags. And just being a part of that community inspired me to want to do more. I saw a need in our community; a need for our youth to ride for them, to help pave the road not only for college, but to provide for their health care, to provide sustainable income to families. To provide if there is a need, I want to be able to do my best to help that need, to help youth to inspire, to encourage,to help foster relationships within the community for them and to provide a brighter future for the keiki, and for families, and just in general for youth in our community. MS. KIERKIEWICZ: Thank you for that. Council Member, excellent pick. Another strong and bright voice on the Youth Commission, really look forward to what you folks do. Thank you, Chair. I yield. ACTING CHR. LEE LOY: Thank you, Ms. Kierkiewicz. Anyone else? Ms. Kimball, go ahead. MS. KIMBALL: Thank you, Chair. I just wanted to thank you for stepping up and volunteering for this position. I think you're getting us very close to the plate where we have quorum and can actually get this committee moving. I wanted to ask you, are you related to Zach Judd? MR. JUDD: Zach Judd is my older brother. MS. KIMBALL: Okay, right on, we used to paddle together a long time ago, so. Say hi to him for me. And congratulations, thank you for joining this commission. MR. JUDD: Thank you. ACTING CHR. LEE LOY: Thank you, Ms. Kimball. Ms. Kagiwada. MS. KAGIWADA: Thank you, Chair. Thank you, La`akea, for being here, and for putting your name forward and stepping up. I'm very excited that you're going to be on the Youth Commission. And excited that you have some of these issues that are also near and dear to my heart, like health, and food, and sustainability, things like that, so. And I believe that the person from District 2 that I nominated is also really interested in looking at food for youth, so I think that would be a good combination there. Thank you again, and I look forward to seeing what you do. Thank you, Chair. I yield. MR. JUDD: Thank you. ACTING CHR. LEE LOY: Thank you, Ms. Kagiwada. Anyone else? Well, seeing none, La`a, thank you so much for being here. I think my colleagues spoke Page 4 GOEAC-16 September 5,2023 a lot about kind of the expectation, but what I've already embraced is your value of kahiau, which is to give generously, and you've already demonstrated that with your work at the University. Look forward to hearing your voice, like my other colleagues, I think Mr. Kaneali`i-Kleinfelder and Ms. Kierkiewicz, we've introduced candidates that are on the kind of upper end of that range and I love that because the urgency of making good business decisions for our Youth Commission lays with you on your shoulders and those at the upper end of that range who we look forward to the work products that you guys advance. Thank you so much for serving. Alright, Council Members, we have a motion to close file on Communication 421, all those in favor please say "aye". All those opposed. Vote on Comm. 421: The motion to close file on Comm. 421 was carried by (Filed) the following voice vote: Ayes: Committee Members Evans, Inaba, Kagiwada, Kaneali`i—Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Lee Loy— 8. Noes: None. Absent: Committee Member Galimba— 1. Excused: None. Comm. 422: APPOINTMENT OF PEYTON HALEAMAU TO THE YOUTH COMMISSION From Council Member Holeka Goro Inaba, dated August 21, 2023. (Note: Comm. 422.1, from Council Member Holeka Goro Inaba dated August 29, 2023, transmitting a revised term ending date of February 6, 2025, to Communication 422, was circulated.) Motion to Close File: Mr. Inaba moved to recommend confirmation of the appointment of Peyton Haleamau to the Youth Commission. Seconded by Ms. Kierkiewicz. ACTING CHR. LEE LOY: Mr. Inaba, your candidate. MR. INABA: Thank you. Good morning, everyone. We have Ms. Haleamau joining us this morning via Zoom from Honolulu, where she's attending school. I'll have her introduce herself,just happy to have Kamaaina family representative to represent our district in North Kona. So, Peyton, if you'd like to introduce yourself and share anything about the Youth Commission or the things that you're doing right now. You can go ahead. (Note: At this time, nominee Peyton Haleamau came forward to address the members of the Committee.) Page 5 GOEAC-16 September 5,2023 MS. HALEAMAU: Alright. Aloha, everyone. I'm Peyton Haleamau. I'm 19 years-old from Kailua-Kona born and raised. I'm a second-year student here at Chaminade University and I'm majoring in Sports Management and Medicine. I chose to do this major because I've been playing sports ever since I was five. And medicine, I have been very interested in how to help athletes. I'm very excited to be working with you guys and helping to improve our community as best as we can. Thank you for this opportunity. MR. INABA: Thank you, Peyton, and thank you for making time out of class time right now to join us. Chair,that's it, unless anyone else has questions. ACTING CHR. LEE LOY: Thank you, Mr. Inaba. Ms. Kagiwada. MS. KAGIWADA: Thank you. I'll go ahead and ask the question that we tend to ask people who are joining Committees or Commissions or Boards. Can you tell us a little bit about why or what you want to contribute to this Youth Commission? MS. HALEAMAU: Okay. I just want to help more like make better decisions, if you guys need that, for the youth and the community. I'm still unsure of what needs to be done or what we're going to be going through, but I'm sure that I'll be a big help within this commission. MS. KAGIWADA: Alright, mahalo. Thank you so much for stepping up and putting yourself out there. And look forward to seeing what you can do as well. MS. HALEAMAU: Alrighty, thank you. MS. KAGIWADA: I yield, Chair. ACTING CHR. LEE LOY: Thank you. Any other Council Members? Seeing none, Ms. Haleamau, thank you so much for joining us. I really appreciate you taking time out of your class schedule like Mr. Inaba said. I would love to go down the rabbit hole of Haleamau's, but I don't think we have enough time in the day. So, Council Members, all those in favor of closing file on Communication 422, please say "aye." Page 6 GOEAC-16 September 5,2023 Vote on Comm. 422: The motion to close file on Comm. 422 was carried by (Filed) the following voice vote: Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i—Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Lee Loy—9. Noes: None. Absent: None. Excused: None. ACTING CHR. LEE LOY: Mr. Clerk, we have 9 ayes. Thank you, Ms. Haleamau, for your service, I look forward to your work. MS. HALEAMAU: Thank you. ACTING CHR. LEE LOY: Alright, I think that takes us on to Communication 414. Return to Order The Acting Chair directed the Committee to return to the order of business. of Business: Comm. 414: DISCUSSION ON THE TIMEFRAME FOR PROPOSED COUNTY CHARTER AMENDMENTS From County Clerk Jon Henricks, dated August 17, 2023. Motion to Close File: Mr. Inaba moved to close file on Comm. 414. Seconded by Ms. Kimball. • ACTING CHR. LEE LOY: Mr. Henricks, take it away. (Note: At this time, County Clerk Jon Henricks, came forward to address the members of the Committee.) MR. HENRICKS: Good morning, Vice Chair Lee Loy, and Members of this Committee. Thank you for this time this morning, it won't be too verbose. Communication 414 started out as a memo issued by the Clerk's Office many years ago in response to the question of, when is the last date that I can introduce a bill to amend the Hawai`i County Charter. And the inability of the Clerk's Office to provide a finite date or an answer that was satisfactory to the question being presented. Like I said, many years ago we issued this memo, and we continue to do so. Normally we issue it in December, thought that be a sufficient time, but because we already have a Charter amendment that's been before this Council for, you know, several months now, I thought maybe a little earlier. So Page 7 GOEAC-16 September 5,2023 we issued it in August of this year, and then the reason why we're sitting here today, we don't normally discuss this, it's a little bit different this council term than in past council terms. The normal factors are all in play, as you can see, they're itemized. And some of these items can be overlapped to a certain degree, so they are not exactly linear and subsequent to each other. The big difference from previous years, is due to the enactment of Act 115, the most recent legislative session. I feel like most of the Council if not all of you, appreciate the goal or objective of Act 115, which is to provide more information to voters by creating a very convenient and accessible voter information guide for all candidates and questions that will be on the ballot. This guide will be available on the internet and other sources. And what will happen is each voter will receive information on how to access that guide in a timely manner. But because this guide needs to be produced at the same time as the ballot questions, the voter information guide requires translation into certain languages. That will take time, and it comes at some expense. So, in consulting with the State Office of Elections, the State has agreed to translate any materials that we have from the County side into the languages that are required at its cost and through its, you know, contracting those resources; provided that the County provides the language for the ballots on August 1, as opposed to August 22, which is the statutory deadline to do so. So in consultation of Corporation Counsel and the State, the Clerk's Office agreed that we would also provide the ballot questions at that time. So it's a little bit sooner than we normally would according to the law and how the law requires, but I think that's a good process to allow the State to handle those matters. It will save us a little bit of funds, but it will also make sure that when translating materials it's done essentially from a consistent standpoint by the State. So just to run through a few of the things on here. When you're looking at that August 1 deadline, essentially all the things that need to happen, you know, of course is the bill that proposes those amendments passes three readings of the full Council. And after that bill passes and it becomes an ordinance, the Council will adopt the resolution directing the Clerk to create the ballot language and place it and submit it to the State Office of Elections for placement on the ballot. And then, of course, we will need to develop a ballot question. Then this year, in addition to the ballot language and explanation, that explanation is the responsibility of the Corporation Counsel by Statute. So that is really their kuleana, but we'll need to develop a ballot question. So boiling it down, this is a cover our okole memo that basically says, when is the last day I can submit a Charter amendment. Use your calendars, factor in these things. If you have any questions, procedurally, when you're using your calendars and trying to plan ahead, we will of course answer those questions. But we will not be providing a date, because that is terrifying to do so. I don't like to be wrong. So anyway, if you have any questions, I'd be happy to answer them. I Page 8 GOEAC-16 September 5,2023 appreciate Chair Evans and Chair Kimball for putting this on the agenda,just so we could have this quick discussion and allow for questions to be held in this format. But if not, thank you for this opportunity just to share this now early on. ACTING CHR. LEE LOY: Thanks, Clerk Henricks. Opening up to my colleagues, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Thank you, Clerk Henricks, for this overview and for providing it now. I think you know how close I'd like to work towards deadlines, this is really helpful. I just want to confirm for members of the public here, anything related to Charter amendments they appear on the November general election ballot, that is correct. MR. HENRICKS: Provided we make this deadline of August 1, and statutory August 22, those will be on. Yes, the 2024 general election ballot, always general election ballot. MS. KIERKIEWICZ: Thank you, I just want to confirm that for folks out there. And then this Act 115 establishing the digital voter information guide, is that just for the November general election or does that also include the primary election in August? And I say that because Council Members run in non-partisan races and often times if there are just two candidates, the only opportunity to really get information about candidates out to the public is at that timeframe. So just wondering if it's just for the general election or also includes primary. MR. HENRICKS: My understanding is that it would apply to both. For the very reasons you mention. I should have been better prepared to answer that, but it wouldn't make as much sense to hold off to the general. As you said, some elections are determined in the primary election or the first election if you will. So again, and just because you brought that up, it's really talking about Charter amendments, but this Act 115, especially for candidates, requires the candidates to then submit that information on their behalf that they're putting forward. And I'm not exactly sure how that works with the State, as far as editing that and what not, but it'll be a new experience for all candidates. The counties don't get involved in that. Corporation Counsel doesn't get involved in that. Corporation Counsel and the County's role in this would be for ballot questions or Charter amendments, but not the candidate portion of that side of that. MS. KIERKIEWICZ: Okay, thank you. And then finally, this timeframe also applies to members of the public that want to petition getting a Charter amendment question on the ballot. MR. HENRICKS: Sure, yeah. And there are some different— MS. KIERKIEWICZ: There's some nuances. Page 9 GOEAC-16 September 5,2023 MR. HENRICKS: Yeah. Deadlines and requirements there, that are vastly different from your responsibilities, but that August 1 (deadline) would affect any effort to get any language on the ballot. MS. KIERKIEWICZ: Thank you for those details and this information. Chair, I yield. MR. HENRICKS: Thank you. ACTING CHR. LEE LOY: Thank you, Ms. Kierkiewicz. Ms. Kimball, go ahead. MS. KIMBALL: Yeah. Thank you, Mr. Clerk, for putting this together. And again, appreciate this being so early as well, so that we could plan accordingly. On number two, the resolution, given that it's pretty well defined, I presume that it just goes to Council directly or is it required to be in here? MR. HENRICKS: Right, that's been the practice. I could honestly tell you I don't understand the value of it, to be honest, but it is a requirement per the Charter itself. So, in turn then, it goes directly to the Council for its approval. One of the things that slows it down, not slows it down but we're not really allowed to do things simultaneously is that we would need to know the ordinance number prior to issuing that resolution, which requires then that the mayor processes the bill. So that adds a little extra time as opposed to kind of being allowed to process that after we see that the bill has been passed on three readings. So you still need to wait, though, yeah. So, the time element there. MS. KIMBALL: Yeah, so I think that's another factor for everybody to consider. And the timing is that this resolution would have to happen which would require this middle deadline prior, which means we have to have the ordinance number by that time. And of course, I'll work with the Administration to try and get those ordinances turned around quicker than 10 days perhaps, so that we can have a comfortable deadline. But yeah, just in terms of your back calculation on the calendar, it's something to consider. MR. HENRICKS: Yeah, to that point and of course the Mayor will be allowed the full ten business days. And my understanding is that the Clerk's Office and Corporation Counsel could begin working on the ballot language and the explanation in the absence of this resolution, anticipating that, you know, the ordinance would be forth coming. So those—Item 3 can be started earlier, it's because it's not a linear chain of events, but they all matter. Obviously, they are all required elements. ACTING CHR. LEE LOY: Thank you, Ms. Kimball. Anyone else? I'm going to check in Kona, Ms. Evans, any questions? Page 10 GOEAC-16 September 5,2023 MS. EVANS: No, thank you. I just really appreciate the timing of this especially, you know, we have one Charter amendment to discuss today. Thank you very much. MS. LEE LOY: Thanks, Ms. Evans. Mr. Clerk, thank you. I did have a couple of questions. You mentioned that the State Office of Elections is taking on this process as far as providing a digital copy. Here in Hawai`i County, we've passed legislation about the cost of a ballot initiative, are there going to be some pluses and minus in that area? MR. HENRICKS: Try again. You mean, is it—do those overlap or with the fiscal impact statement that is required? ACTING CHR. LEE LOY: The fiscal impact statement. MR. HENRICKS: No, I think those are separate, and a plain reading of Act 115, doesn't include cost elements. So I don't know if those could be incorporated together. I'm not sure, you know, that would be really up to Corporation Counsel to make that determination, it would seem like important information. But the language of Act 115 is pretty basic and bare, and that it basically says an explanation, which some might feel that the estimated cost of change to the Charter could be part of an explanation. ACTING CHR. LEE LOY: Follow up, and I think Ms. Kimball kind of touched lightly upon that, which was the 10-day time for the mayor to sign. Is it possible, and I just saw Corporation Counsel walk out, is it possible for us to waive that 10 day or is that a hard corner that we have to build into the back mapping of our dates? MR. HENRICKS: It's clear in the Charter that it's required for every bill. So any bill regardless of its purpose, should always be factored in as a timely element. I always just go to what is the maximum that the mayor is allowed, never presuming that it will be any less than full 10 business days. So, not 10 calendar days. ACTING CHR. LEE LOY: Okay, great. Well I don't have any other questions. Thank you for the update, and for my colleagues all the back mapping that we have to do. We have a motion on the floor to close file on Communication 414 all those in favor please say "aye." Page 11 GOEAC-16 September 5,2023 Vote on Comm. 414: The motion to close file on Comm. 414 was carried by (Filed) the following voice vote: Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i—Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chr. Lee Loy—9. Noes: None. Absent: None. Excused: None. ACTING CHR. LEE LOY: I believe that gets us to the end of the agenda. ADJOURN- There being no further business, at 9:27 a.m., Mr. Inaba moved to adjourn the meeting. MENT: Seconded by Ms.,Galimba and carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas and Acting Chair Lee Loy—9. Noes: None. Absent: None. Excused: None. ACTING CHR. LEE LOY: Mr. Clerk, this meeting is adjourned at 9:27 a.m. Thank you, everyone. Approved: /67///3/c, Ms. Cindy s, Chair (Date) Committee Governmental Operations and External Affairs CE/rk Page 12