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Home My WebLink AboutAGE CHC 2009-10-09EDMUND HAITSUKA Chairman DAVID FUERTES Vice Chair Rth ,4e.c�znn CALL TO ORDER ROLL CALL 2009 -2010 HAWAII COUNTY CHARTER COMMISSION MEETING AGENDA 1:30 P.M. October 9, 2009 County Council Chambers Ben Franklin Bldg. 2nd Floor 333 Kilauea Avenue, Hilo, Hawaii 96720 ORDER OF BUSINESS STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS APPROVAL OF MINUTES September 11, 2009 COMMUNICATIONS DAPHNE HONMA CASEY JARMAN JAMAE KAWAUCHI GUY KAULUKUKUI JOSEPH KEALOHA ALAPAKI NAHALE -A SUSIE OSBORNE TODD SHUMWAY SCOTT UNGER COMM. 34: From Mayor William P. Kenoi, dated September 4, 2009, transmitting the Administration's comments regarding CA -1 through CA -6. COMM. 38: From Colleen Schrandt, Legislative Auditor, dated September 16, 2009, transmitting proposed amendments to Section 3 -18, to provide the Legislative Auditor the authority to retain independent legal counsel; Section 10- 13, regarding Post Audit procedures; and Section 13 -13, providing for a right -to -audit in contracts with private parties. 2009 -10 Charter Commission - 8 Page 2 October 9, 2009 COMM. 40: From Council Member Brenda J. Ford, dated September 28, 2009, transmitting proposed amendments to Section 3 -18, regarding budgetary independence for the Office of the Legislative Auditor. COMM. 41: From Michael Johnson, dated September 28, 2009, regarding Section 14 -5, Board of Ethics procedures. COMM. 42: From Gregory T. Smith and Joyce A. Folena, dated September 29, 2009, regarding changing term limits for council members. COMM. 43: From Council Member Brenda J. Ford, dated September 29, 2009, transmitting proposed amendment to Section 3 -7 regarding Public Notice Requirements for Council Meetings. COMM. 44: From Council Member Brenda J. Ford, dated September 29, 2009, proposing a new Section to Article III, regarding Standing Committees including Public Notice Requirements. COMM. 45: From Debbie Hecht, dated October 3, 2009, proposing a new Section to Article X, regarding Open Space and Natural Resource Preservation Fund (also referred to as the 2% Land Fund). COMM. 46: From Debbie Hecht, dated September 30, 2009, proposing a new Section to the Charter regarding Vacancies in Office. COMM. 47: From Debbie Hecht, dated September 30, 2009, proposing an amendment to Section 13 -4 regarding Boards and Commissions. COMM. 48: From Bett Bidleman, Friends of Puna's Future, dated September 30, 2009, proposing a new section regarding Community Development Plans; proposing to amend CA -9 to include live broadcasts of policy - making boards; and proposing a new section to establish an Open Space Natural Resource Preservation Commission. COMM. 49: Memo from Commission Attorney, Levi Hookano, dated October 2, 2009, regarding funding for the Hawaii County Civil Defense department. COMM. 50: From Margaret Wille, dated October 2, 2009, outlining with more specificity proposed amendments presented at the Commission's public hearings and as set forth in her COMM. 30. COMM. 51: From Debbie Hecht, dated October 2, 2009, proposing an amendment to Section 15 -1 regarding Initiation of Amendments or Revisions. 2009 -10 Charter Commission - 8 Page 3 October 9, 2009 UNFINISHED BUSINESS COMM. 26: From Frances Wong, dated August 5, 2009, regarding guidelines governing Council Member attendance at council meetings. Postponed: September 11, 2009 COMM. 27: From Lono Tyson, Director, Department of Environmental Management, dated August 11, 2009, transmitting recommendations for Charter Amendments pertaining to the Department of Environmental Management. Postponed: September 11, 2009 COMM. 28: From Jay Kimura, Prosecuting Attorney, dated August 14, 2009, suggesting changes to the Charter relating to the role and function of the Prosecuting Attorney's Office. Postponed: September 11, 2009 COMM. 31: Ad -Hoc Committee Report: Art. I, Sec. 1 -2, Geographical Limits. Postponed: September 11, 2009 COMM. 32: Ad -Hoc Committee Report: Art. HI, Sec. 3 -17, Reapportionment Commission Postponed: September 11, 2009 COMM. 33: Ad -Hoc Committee Report: Art. HI, Sec. 3 -2, Composition and Terms. Postponed: September 11, 2009 NEW BUSINESS FIRST READING OF THE FOLLOWING CHARTER AMENDMENTS: CA -7 RECALL PROCEDURES Amends Sections 12 -1.1, 12 -1.3, 12 -1.5, 12 -1.6. Changes County's recall procedure by (1) amending the information required from signers of a recall petition; (2) amending the requirement that the number of signatures required be 25% percent of the votes cast, rather than 25% of the total number of persons who registered in the last election; (3) allowing the clerk more time to review supplemental petitions, and; (4) amending the number of votes required for an official to be successfully recalled. CA -8 CLAIMS AND ANNUAL REPORTS Amends Section 13 -18 to remove the requirement that claims against the county be filed with the county clerk. Instead, claims will be filed with the corporation counsel; and Section 13 -19 to remove the requirement that the annual report be filed with the county clerk. Instead, the annual report will be filed with the office of the mayor. 2009 -10 Charter Commission - 8 Page 4 October 9, 2009 CA -9 SPECIAL MEETING NOTICE REQUIREMENT Amends Section 13- 20(c). Adds language to require that electronic notice of special meetings be linked on the appropriate council, board or commission webpage. CA -10 DEPT. OF ENVIRONMENTAL MANAGEMENT, Powers, Duties, Functions Amends Section 6 -10.4. Expands the powers, duties, and functions of the department to include exercising other functions prescribed by ordinance or the mayor. Currently the department only exercises other functions as prescribed by ordinance. CA -11 DEPT. OF ENVIRONMENTAL MANAGEMENT, Requirements of Director Amends Section 6 -10.3. Requires the director of the department of environmental management to have had a minimum of five year's administrative experience in a related field AND possess a degree in a related field. CA -12 INITIATION OF AMENDMENTS OR REVISIONS Amends Section 15 -1. Changes the information that needs to be provided to the County to verify the identity of persons signing a petition for a charter amendment so that the Office of Elections may easily verify signatures; and change the requirement of the number of signatures necessary from 20% of the registered voters to 20% of the votes cast in the last general election. This proposal also increases the amount of time the office of the county clerk would have to verify the signatures on the petition from twenty working days to thirty working days. CA -13 MANDATORY CHARTER REVIEW Amends Section 15 -3. This charter amendment proposes to increase the amount of time the Commission has to complete its work. Currently the commission is appointed by the fifteenth of January of a charter review year, and this amendment would change the date to the first day of July prior to the charter review year to give the commission more time to thoroughly review the charter. REPORTS REFERRALS FOR EXECUTIVE SESSION ANNOUNCEMENTS ADJOURNMENT 2009 -10 Charter Commission - 8 Page 5 October 9, 2009 The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 327 -0099 by October 7, 2009. Relay users please call 711(327 -0099) to contact our office. Videoconference: Notice is hereby given that pursuant to Hawaii Revised Statutes § 92 -3.5 the Hawaii County Charter Commission will be conducting its October 9, 2009, meeting via videoconference. Commission Members will be present and public statements taken, at the following locations: • County Council Room -Ben Franklin Tower, 2nd Floor, 333 Kilauea Avenue, Hilo, HI 96720 • Council Office - Kailua Trade Center,75 -5706 Hanama Pl., Suite109, Kailua -Kona, HI 96740 Public Attendance via Videoconference is available at the above locations and at the Waimea Council Office at the Holomua Center, 64 -1067, Mamalahoa Highway, Suite 5. If the audio stream between Hilo and Kona is lost for more than a short period of time, the meeting shall be terminated. Submitting Testimony. Those wishing to testify in person must register with the Commission Secretary. Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Testimony may also be submitted (1) by mail to Karen Eoff, County Council Office in Kona at 75 -5706 Hanama Place, Suite #109, Kailua -Kona Hawaii 96740; (2) by facsimile to (808) 329 -4786; or (3) by e -mail to keoff @co.hawaii.hi.us. Please submit separate testimony for each item. Copies will be distributed at the meeting only if they are received before 12:00 noon on the business day prior to the meeting. All oral and written testimony will be public record. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist. {Article 15, Section 2- 91.3(b), Hawaii County Code} A lobbyist means "any individual engaged for pay or other consideration that spends more than five hours in any month or $275 in any six -month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2- 91.3(a)(6), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk- Council, 333 Kilauea Avenue, Hilo, Hawaii 96720.