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HomeMy WebLinkAboutAGE CHC 2009-11-06EDMUND HAITSUKA Chairman DAVID FUERTES Vice Chair 9th Session CALL TO ORDER ROLL CALL 2009 -2010 HAWAII COUNTY CHARTER COMMISSION SPECIAL MEETING AGENDA 1:30 P.M. November 6, 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 October 9, 2009 COMMUNICATIONS DAPHNE HONMA CASEY JARMAN JAMAE KAWAUCHI GUY KAULUKUKUI JOSEPH KEALOHA ALAPAKI NAHALE -A SUSIE OSBORNE TODD SHUMWAY SCOTT UNGER COMM. 79 Memo from Chairman Ed Haitsuka, dated October 28, 2009, regarding additional Public Hearings and Special Meetings of the Charter Commission. COMM. 80 From Debbie Hecht, dated October 23, 2009, transmitting proposed amendment to Article XII, Chapter 1 RECALL to replace existing language. COMM. 81 From Deputy Corporation Counsel William Brilhante, dated October 30, 2009 transmitting proposed amendments to (1) Art. VI, Sec. 6 -8.1 through 6 -8.3 to change the name of department of research and development to department of economic development, and (2) Section 13 -4(g) deleting language that conflicts with the voluntary status of board and commission members. 2009 -10 Charter Commission - 9 Page 2 November 6, 2009 NEW BUSINESS FIRST READING OF THE FOLLOWING CHARTER AMENDMENTS: CA -14: LEGISLATIVE AUDITOR Amends Sections 3 -18, 10 -13, and 13 -13. Amendment to 3 -18 would give the legislative auditor the authority to retain independent legal counsel. Amendment to 10 -13 would change the title of the section from "Post- Audit" to "Audit of Accounts and Financial Transactions," define performance criteria, set the scope of the audit and distribution requirements, and provides that the finance director "may" rather than "shall" cause an audit of respective accounts when an administrative officer leaves office. Amendment to 13 -13 would require all county contracts to have a "right to audit" clause. CA -15: 2% LAND FUND Adds a new section to Article X, Financial Procedures. This amendment is to set aside 2% of real property tax revenues to acquire lands for public access, open space, and the preservation of natural resources. It closely mirrors Chapter 2, Article 42, of the Hawaii County Code. This amendment also establishes the "Public Access, Open Space, and Natural Resources Preservation Commission" and its duties and responsibilities as well as the method of prioritizing lands for preservation. CA -16: INITIATION OF CHARTER AMENDMENTS AND REVISIONS Amends Section 15 -1. The purpose of this amendment is to make the requirements for an elector initiated charter amendment to follow the same process and requirements as for initiative and referendum. CA -17: REAPPORTIONMENT TO REDISTRICTING Amends Section 3 -17. This amendment is to change the name of the Reapportionment Commission to "Redistricting Commission" to make the name consistent with the practice of redrawing district lines. Additionally, provisions are being added so that the commission shall adhere to the four redistricting criteria instead of being "guided" by them. Public hearing requirements are being added as well as a required report to the mayor and council about the commission's activities and progress. Last, the commission is to be appointed and confirmed by July 1 prior to the census year to give the commission more time to complete their work. CA -18: FOUR -YEAR COUNCIL TERMS Amends Section 3 -2. The purpose of this amendment is to extend the term of a member of the county council from two years to four years. This amendment would limit the term of councilmembers to two consecutive four -year terms. CA -19: OFFICE OF COUNCIL SERVICES Adds a section to Article III and amends Section 6 -5.3. The purpose is to provide the County Council with the option of establishing a legal office separate from Corporation Counsel if it so chooses. 2009 -10 Charter Commission - 9 Page 3 November 6, 2009 CA -20: COUNCIL STANDING COMMITTEES Adds a section to Article III. Creates standing committees composed of all council members to achieve the most efficient handling of Council business and ensure council members from each district have the same opportunity to have input in the development of ordinances and resolutions. CA -21: PLANNING COMMISSION AND BOARD OF APPEALS MEMBERSHIP Amends Section 13 -4(k). The purpose of this amendment is to ensure that the planning process is above reproach and to maintain the integrity of the planning commission and appeals board by avoiding charges of the appearance of impropriety in the composition of these bodies. CA -22: FILING OF COUNCIL AGENDA Amends Section 3 -7. The proposed amendment would require notices of all regular and special meetings of the council to be conspicuously posted on the bulletin board of the Hawai'i County Building with an electronic notice linked on the appropriate council webpage and specify time for filing and posting the notice to be 4:30 p.m. CA -23: ELECTRONIC NOTICE WITH NEWSPAPER PUBLICATIONS Amends Sections 3- 10(c)(3), 3- 10(h), 6- 7.5(a)(4), 10 -4, 11 -4(p), 13- 20(c), 15 -2, 15 -3. Whenever a public notice is required by this charter or by ordinance to be published in a daily newspaper, the public notice shall also be distributed via an electronic medium, such as the Internet, within the same time frame as newspaper publication. CA -24: BOARDS AND COMMISSIONS Amends Section 13 -4 to increase council member input in the selection of members of boards and commissions. CA -25: COMMUNITY DEVELOPMENT PLANS (CDP) Adds a new section to Article III and amends Section 6- 7.2(b)2. These provisions would make the community development planning process part of the charter and create community development plan action committees. CA -26: CONSERVATION OF NATURAL AND CULTURAL RESOURCES Adds a new section to Article XIII, General Provisions. The purpose of this amendment is to memorialize the county's responsibility under the state constitution to ensure that development of the natural resources of the county are done in a manner consistent with their conservation and to add cultural resources to this responsibility. CA -27: VACANCIES IN OFFICE Replaces Section 3 -4. The purpose is to provide for an election for a council member if a vacancy occurs with more than six months left in the outgoing member's term and to set a procedure for filling the vacancy when less than six months is left that permits members of the public to apply to the Council for the vacant office. CA -28: DEPARTMENT OF CIVIL DEFENSE Adds a new chapter to Article V. The proposed amendment would establish a Department of Civil Defense. 2009 -10 Charter Commission - 9 Page 4 November 6, 2009 CA -29: PROSECUTING ATTORNEY POWERS Amends Section 9 -3. The proposed amendment would give the prosecuting attorney additional discretionary powers relating to crime research, prevention and education. CA -30: BOARD AND COMMISSION WEBSITES Amends Section 13 -4. The proposed amendment would require boards and commissions to maintain websites. CA -31: DEPARTMENT OF AGRICULTURE AND ENERGY Adds a new chapter to Article VI. The proposed charter amendment would create a new department to encompass certain services currently provided at a modest level by the department of research and development, but not delineated in the county charter. CA -32: SPECIAL COUNSEL Amends Section 6 -5.5. The proposed amendment would allow any officer or employee to retain special counsel in situations where the corporation counsel has been disqualified. CA -33: POSTING NOTICES - BOARDS AND COMMISSIONS Amends Section 13 -20. The proposed amendment would require notices of all regular and special meetings of the council and boards and commissions to be conspicuously posted on the bulletin board of the Hawai'i County Building with an electronic notice linked on the appropriate council, board or commission webpage CA -34: BUDGETARY INDEPENDENCE OF THE LEGISLATIVE AUDITOR Adds a sub - section (d) to Section 10 -3. The purpose is to increase the budgetary independence of the legislative auditor from the executive branch and the county council by calculating the allocation for the office of the legislative auditor as a percentage of the total of the operating and special funds budgets. The actual funds will come from the general fund. CA -35: RECALL Replaces Article X11, Chapter 1, Sections 12 -1.1 through 12 -1.9. The purpose is to re -write Article XII, chapter 1, Section 12 -1.1 through 12 -1.9 on Recall to provide definitions, to define the petitioners' committee requirements, the petition, and timelines, to clarify petition sufficiency requirements, the recall procedure, the county clerk's duties, and the method to filling vacancies. UNFINISHED BUSINESS CA -12: INITIATION OF CHARTER 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. Postponed: October 9, 2009 2009 -10 Charter Commission - 9 Page 5 November 6, 2009 REPORTS REFERRALS FOR EXECUTIVE SESSION ANNOUNCEMENTS ADJOURNMENT The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 327 -0099 by November 4, 2009. Relay users please call 711(327 -0099) to contact our office. Videoconference: Videoconferencing is available at the following locations: • Kona Council Office, Kailua Trade Center; 75 -5706 Hanama Place, Suite 109, Kailua -Kona • Waimea Council Office at the Holomua Center, 64 -1067, Mamalahoa Highway, Suite 5 If for technical or other unanticipated circumstances the video connection cannot be made and /or is disrupted, the scheduled meeting will continue. 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.