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HomeMy WebLinkAboutMIN CHARTER 2019-04-03 (2018-2020) - Public HearingHawaii County Charter Commission Public Hearing West Hawai`i Civic Center, Kona Council Chambers (Building A) 75-5044 Ane Keohokalole Highway Kailua-Kona, Hawai`i April 3, 2019 CALL TO The public hearing of the Hawai`i County Charter Commission was called to ORDER: order at 5:02 p.m., in Kailua-Kona by Mr. Douglass Shipman Adams, Chair. ROLL CALL: Present: Mr. Douglass Shipman Adams, Chair Ms. Jennifer Zelko-Schlueter, Vice Chair (Hilo Chambers) Mr. William Carthage Bergin, Commissioner Ms. Michelle Galimba, Commissioner Mr. Paul K. Hamano, Commissioner (Hilo Chambers) Mr. Kevin D. Hopkins, Commissioner Ms. Sarah H. Rice, Commissioner Mr. Christopher John Imiloa Roehrig, Commissioner (Waimea Council Office) Ms. Marcia A. K. Saquing, Commissioner (Hilo Chambers) Ms. Bobby Jean Leithead Todd, Commissioner Absent: Ms. Donna Mae Springer, Commissioner Also Present: Mr. J Yoshimoto, Commission Attorney Mr. Jon Henricks, Commission Analyst Ms. Shannon Magnuson, Commission Secretary CHR. ADAMS: Welcome to the Hawai`i County Charter Commission's Public Hearing in Kona. I would ask you please to silence any communications devices that you have. I am convening this hearing at 5:02 p.m. on Wednesday, April 3rd, 2019. This hearing will be recorded for the purpose of developing minutes that will be available on the Commission's website. The purpose of this hearing is to receive testimony from the public regarding the work of the Charter Commission to include proposed Charter Amendments that have achieved first reading status. Hawai`i County Charter Commission — Public Hearing April 3, 2019 CHR. ADAMS: I will ask our Commissioners at this time to briefly introduce themselves to include identifying the district they have been appointed from. I would note that we have Commissioners here in Kona, we also have three Commissioners that are in Hilo, and one Commissioner who is at the Waimea District Office. I would ask our Commissioners in Hilo please to introduce themselves. MS. SAQUING: Marcie Saquing, from South Hilo. MR. HAMANO: Paul Hamano, Hilo. MS. ZELKO-SCHLUETER: Jennifer Zelko-Schlueter from Hilo. CHR. ADAMS: Thank you and I would ask if our Commissioner Roehrig can introduce himself in Waimea. MR. ROEHRIG: Christopher Roehrig in Waimea. CHR. ADAMS: Thank you. And here in Kona. MR. BERGIN: Billy Bergin representing the district nine, Waimea, North and South Kohala. MS. GALIMBA: Michelle Galimba representing Ka`u. MR. HOPKINS: Kevin Hopkins representing Hilo. MS. RICE: Sally Rice representing Kona. MS. TODD: Bobby Leithead-Todd district two, Hilo. CHR. ADAMS: And I am Doug Adams from Hilo. Copies of the protocols for this public hearing are available at the registration table. To highlight just a few. Please register to testify at the registration table as some of you have already done. I will call speakers to the table. As you prepare to speak, please state your name, any organization you are speaking for, and the relevant Charter section or proposed amendment you are addressing. Speakers will have up to a total of six minutes for their testimony. Speakers may testify once during this public hearing. To avoid the potential of Sunshine Law violations and to emphasize the purpose of this hearing, Commissioners shall refrain from making comments or asking questions of testifiers during their statements. I would ask all of us to please maintain an appropriate level of decorum during the hearing. We are all looking forward to providing an equal opportunity for all testifiers to make their statements. Page 2 Hawai`i County Charter Commission — Public Hearing April 3, 2019 Finally, to provide some context for this hearing, allow me to briefly address the Commission's efforts to date and what follows. First, this is the fifth Charter Commission since the County Charter became effective 50 years ago. The Commissioners, all of whom are County residents and none of whom are elected officials by statute, were appointed by the Mayor and confirmed by the Council at the end of June, 2018 and have met at least once a month since July to accomplish our mission as the Charter outlines it. To study and review the operation of the government of the County under the Charter. We have done that by receiving information from County departments, the Mayor, and the Council, as well as receiving over 500 communications from the public and County. Second, since October, we have considered 27 different proposed Charter Amendments to include changing the structure of terms for Council members, refining the process by which the Public Access, Open Space, and Natural Resources Preservation mission is accomplished, adding disciplining options for the Council, the Fire Commission, and the Police Commission, establishing a Disaster and Emergency Fund, and modifying minimum qualifications for Corporation Counsel, Fire Chief, and Public Work's Director. Information on these proposals is available on the Commission website, the link to which can be found on the County homepage. Third, we are convening six public hearings, one in each geographic district as identified in the County Charter. This is our fifth Public Hearing. Following these hearings, we have until the end of June to submit to the County Council a report on our activities, findings, and recommendations together with a draft of the Proposed Charter Amendments. The Council then has 30 days to return the proposals with any alternatives to the Commission, after which within a month, the Commission shall provide its final draft of proposed amendments to the County Clerk. Ballot language will then be developed by the Commission for submission to County voters for decision on the November 3rd, 2020 election ballot. At this time we will take our first speaker. I would ask Scott Susman and Susan Dursin please to come to the table. Mr. Susman will be our first speaker. Again, I would ask you to provide your name, any organization you are representing, and the Charter provision or proposed amendments you are speaking to. Mahalo. If you could please turn on the mic that would be great. Page 3 Hawai`i County Charter Commission — Public Hearing April 3, 2019 STATEMENTS FROM THE PUBLIC SCOTT SUSMAN: Commenting on Article 7, Chapter 4, Fire Department MR. SUSMAN: My name is Scott Susman. I am here as taxpayer and a resident of Kona and a retired fireman. Regarding County Charter, under the Executive Branch, Departments under Commissions, Article 7, Chapter 4, Fire Department. This is a poor time for me. I just got back from Singapore. I am jetlagged to the max and if I look like a zombie, I am one, so forgive me, but I know my next chance at this will be when I am 82 years old because we don't have that much opportunity to affect the Charter which is important. Let me just read this: CHR. ADAMS: Please speak into the mic sir. It is for recording purposes. MR. SUSMAN: Okay thank you. CHR. ADAMS: And also we have our folks that are in different locations. MR. SUSMAN: Thank you. CHR. ADAMS: So I understand your restrictions at the moment but please... MR. SUSMAN: Thank you sir. Dear Charter Commissioners, I am providing a sample of Chapter 4 with edits I propose for your consideration. I believe more clarity is needed to define what would be reasonably expected of a Fire Commission by the public in its relationship to the Fire Department. I'm a current member of the commission but these suggested changes are from me only as a retired firemen and citizen, and not in any way representing the commission which has already submitted its suggested changes, which I don't consider adequate. It boils down to what we hope for these commissions to accomplish and providing the clearest blueprint we can for guidance to those who serve. Make it unambiguous. As it stands, the chief is quite autocratic, denies access vigorously, and the commission evaluates his administration and the delivery of services via his own narratives at monthly meetings. Efforts to look under the hood are classified as "interference in the administrative affairs of the department". It is inadequate and gives too much unchecked and unwitnessed power to one person. It is a formula for problems. If we want real oversight of this $50 million dollar department, we need to say it and provide for it in the Charter. If not, we may as well give it back to the Mayor and eliminate the expense of a commission that is weak and ineffective. Page 4 Hawai`i County Charter Commission — Public Hearing April 3, 2019 I will be glad to talk to you more about this any time to any of you. Best wishes to you in your important work. And I have provided to each of you an amended Chapter 4. Thank you. MS. TODD: Mr. Chair, now that Mr. Susman is finished with his testimony I have a couple of questions for him. CHR. ADAMS: We are not taking questions. MS. TODD: The idea was that we don't interrupt when they are providing testimony. There is nothing that says we can't ask questions when they are done providing their testimony. CHR. ADAMS: If they are questions of clarification. MS. TODD: Yes. Mr. Susman, on the second page under your Chapter 4, under Section 7-4.3, you are proposing that the Deputy be appointed by the Fire Chief with confirmation of the Fire Commission. MR. SUSMAN: Yes. MS. TODD: Currently the Chief just appoints someone and there is no oversight over that. Is that correct? MR. SUSMAN: Yes Ma'am. MS. TODD: But you left Section C, the Fire Chief shall have a minimum of five years of training and experience in fire control. Including at least three years of experience in a responsible administrative capacity. Are you aware of the other proposed Charter Amendment that would increase the requirement for eligibility to be Chief to 14 years of service, 10 of which have to be as Fire Captain? MR. SUSMAN: Yes. I believe I saw that, yes. MS. TODD: Have you had an opportunity to... I notice you don't include that here. MR. SUSMAN: Yes, I didn't. That's right. I didn't. I would. MS. TODD: Okay. Thank you. MR. SUSMAN: Thank you. Page 5 Hawai`i County Charter Commission — Public Hearing April 3, 2019 CHR. ADAMS: Thank you sir. I would ask that Anne Harvey please come to the table. Ms. Dursin. SUSAN DURSIN: Proposal No. CA -8, CA -9, CA -18, and CA -27, commenting. MS. DURSIN: Hi. CHR. ADAMS: You need to speak... there we go. MS. DURSIN: I have spoken to you several times before, but I am here because it seems to me that finally after all the iterations of the Communications relating to PONC, that we are at a point where the proposals do seem to deal with the real problems that face PONC. There are two major challenges I believe, and it has become pretty apparent that purchase of properties has been painfully slow and that government officials and members of the public wonder why so much money is sitting there unused, and then of course the second problem has been that the non -profits have quite a bit of problem getting the grant funding in order to fulfill their maintenance requirements. So, it seems to me that CA -9, this latest form that was introduced by Commissioner Galimba, would address both problems that paying for a full-time staff person in the Department of Finance to work only on the 2% Land Fund would allow focus on those problems that are so complex about acquiring the properties and also seeking the outside funding. It would also allow that staff person to help the non -profits work their way through the maze of paper that they have to complete to get the funding at all. Then also that the changes to the maintenance fund that would be CA -18, as introduced by Commissioner Rice, include one very important item. That the Department of Finance administer the fund. It has not been a good situation to have Parks and Rec (Recreation) doing it because they have so many other duties. With a second employee in the Department of Finance to administer the fund, one that would be paid for by the fund and deal solely with the fund, the non-profit should be able to receive and distribute their funding more effectively. So, CA -18 in its presently proposed form, allows the construction of small structures and trails, toilets, and it would certainly be an improvement and it is also crucial to making sure that the coordination and consistency of programs go forward when you can divert some funding to those groups. Even to paying individuals. So I want to thank you for your patience in dealing with these issues. I... just a word or two about CA -27, which would call for easement to be a priority. To seek easement wherever possible. As I understand it, it really is not necessary. That it already exists and many times will not solve the problems that are there. I want to just say one more thing about something that isn't on this list, but it has come to my attention that you talked about a special election instead of pushing this off to 2020. And I know the time frame has been of interest to you because it turned out there was such a long time between the Council's dealing with this and Page 6 Hawai`i County Charter Commission — Public Hearing April 3, 2019 the election itself, but I would like to say that it seems to me that allowing plenty of time for voters to think about these Charter Amendments is an exceedingly good thing. And of course there are the costs of a special election, but beyond that I also think voter education is extremely important. So thanks a lot for your efforts. I know they have really been taxing for you and aren't quite over yet, so thank you very much. CHR. ADAMS: Thank you very much. Anne Harvey. ANNE HARVEY: Proposal No. CA -9 and CA -18 in support. MS. HARVEY: Yes. CHR. ADAMS: Please. MS. HARVEY: My name is Anne Harvey and I live in Kona. CHR. ADAMS: Your mic is on? If it is, please speak in to it. MS. HARVEY: Right close? CHR. ADAMS: Very close. Yes. MS. HARVEY: The old ice cream thing right? CHR. ADAMS: I know. We have... MS. HARVEY: Can you hear? CHR. ADAMS: Yeah, and we also have the folks in the other locations and the only way they will hear you is... MS. HARVEY: Yeah. CHR. ADAMS: Yeah. MS. HARVEY: So, does that work? I can't hear it. Is that adequate? CHR. ADAMS: Good. MS. HARVEY: Okay. Good. Thank you very much. So, mahalo for all of the work that you are doing and to help ensure that our County Charter evolves to support our needs over time. I know it is a lot of work and a lot of dedication, so mahalo. Page 7 Hawai`i County Charter Commission — Public Hearing April 3, 2019 I am here to speak on two items. CA -9 and CA -18, about the PONC funds and I have been attending PONC meetings, familiarizing myself in understanding what the process are and kind of work that they do. And I think that it is really wonderful. The PONC funds being provided to be able to invest in our precious open space and conserving our cultural and natural resources. And to be able to do that, it is very important that... and requires that staff be skilled and ensured that the process works and being able to... it's complex work, it has constraints, it has time demands, and I think it has been demonstrated that there may be more adequately ... be able to do that if it were through Finance and that they would be able to adequately support it. I mixed that up didn't I? CA -9, I am sorry, it has been a really long day for me. CA -9 is about the dedicated staff and so all that kind of bares out, but the focus is to be able to have instead of a staff member that is able to work on it as their time permits, being able to have a dedicated staff person allows them to really focus on the work and prioritize it appropriately and get the work done within the timelines to make the workflow work. And then CA -18 is the ability for the maintenance to be able to consider moving it over to Finance from Parks and Rec and again, in my observations you know, being able to do...timeliness... the work is... requires clear agreements and at its core being able to be better aligned with the skills and workflows in Finance rather than that Parks and Rec. I think something like this could always report anywhere if you had the people that were dedicated and skilled, but in looking at the past history here, it looks like it might be a better fit in finance from what I see. So thank you very much. I appreciate it. CHR. ADAMS: Thank you very much. I see we have another speaker, Cherie Griffore, if you would please come to the table. Thank you. Again, please provide your name, any organization you are speaking for, you have six minutes or up to six minutes and then please speak into the mic so that all of our members can hear you. CHERIE GRIFFORE: Proposal No. CA -8, CA -9, and CA -18, commenting. MS. GRIFFORE: Okay. My name is Cherie Griffore and I am representing myself. I am a resident of Kailua-Kona. First off I wanted to thank you guys for not cutting the funding for the PONC, keeping it at the 2%, this is a huge fund for everybody in our community and it helps us residents be able to be the nice, friendly, aloha people that we are to everybody here. For the... I wanted to talk about the CA -9, which is the one person to manage the fund. I think this is huge because right now nobody is managing it and we have a surplus and we have so many properties that need to be bought before the corporations buy us out of everything. Trying to keep the balance for the residents and the corporations. Page 8 Hawaii County Charter Commission — Public Hearing April 3, 2019 CA -18 wanted to talk about the funds for maintenance. These funds are from our taxes that we pay the County and it is County that helps provide the bathrooms and stuff and there is nobody taking care of these places so the non -profits have to step up and it is hard work. I mean you guys are all volunteers also and it is hard for people to come to these meetings even... you guys have a couple people in a different location. It is hard to get people to commit to corning every single time, every single week, excuse me, every month to do work for free. And a lot of the times the people and the non -profits that take care of these places are doing it out of their love for the place, but it is for the love of the other people that are helping take care of this place. I help at Kaloko-Honokohau Harbor trying to restore the fish pond. Their end goal is to feed the community again from that fish pond. Especially the kupunas to give the kupunas a chance to eat from that pond again. But it is hard work. I haven't been there in a year and it is something that I am passionate about, but you know life... you can't go every time, so I am just asking that you guys help the PONC and thank you for everything that you guys are doing. CHR. ADAMS: Thank you. Are there any other speakers? In Hilo? Any speakers in Waimea? It appears that we have no more speakers. I would like to thank all the testifiers for their statements, the Commissioners for your attention, and the staff for your efforts in helping us convene this hearing in three different locations. Kudos. Our next public hearing will be held tomorrow, Thursday, April 4th, at 5:00 p.m. at the Hawai`i County Building, Hilo Council Chambers, 25 Aupuni Street, in Hilo. We will also have this site open for anyone that is interested in observing that or testifying as well as the Waimea District Office will be open again tomorrow as well. So the same three offices will be open, but Commissioners will be largely in the Hilo Council Chambers. And with that, I would thank you all for being here. Please drive safely and thanks for corning. Commission Approval: April 25, 2019 Mr. E out Shipman Adams, Chair 2018- 120 Hawaii County Charter Commission Page 9