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HomeMy WebLinkAboutAGE CHC 2009-12-18EDMUND HAITSUKA Chairman DAVID FUERTES Vice Chair IO-Session CALL TO ORDER ROLL CALL 2009 -2010 HAWAII COUNTY CHARTER COMMISSION SPECIAL MEETING AGENDA 1:30 P.M. December 18, 2009 County Council Chambers 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS DAPHNE HONMA CASEY JARMAN JAMAE KAWAUCHI GUY KAULUKUKUI JOSEPH KEALOHA ALAPAKI NAHALE -A SUSIE OSBORNE TODD SHUMWAY SCOTT UNGER STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (Testimony will be taken only on items on the agenda and will be limited to three minutes per item.) APPROVAL OF MINUTES November 6, 2009 COMMUNICATIONS COMM. 106: REQUEST FOR RECONSIDERATION OF CA -18 Memo from Commissioner Todd Shumway, dated November 17, 2009, requesting reconsideration of CA -18, Four Year Council Terms; and 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. Please note that CA -18 will only be taken up in the event the reconsideration vote is approved. (CA -18 failed to pass First Reading November 6, 2009 due to a 4 -4 tie vote.) 2009 -10 Charter Commission - 10 Page 2 December 18, 2009 COMM. 107: FORMATION OF AN INVESTIGATIVE COMMITTEE Memo from Commission Attorney, Levi Hookano, dated December 9, 2009, recommending the formation of an investigative committee to review all proposed charter amendments approved at first reading. COMM. 108: SUMMARY OF PRESENTATION TO CHAMBER OF COMMERCE Memo from Commission Attorney, Levi Hookano, dated December 8, 2009, providing a summary of a presentation to the Hawaii Island Chamber of Commerce, Government Affairs Committee. COMM. 109: ADDITIONAL PUBLIC HEARINGS Memo from Chair Haitsuka December 9, 2009, proposing additional public hearings. NEW BUSINESS COMM. 110: PROPOSAL FOR "HOUSEKEEPING" CHARTER AMENDMENT Memo from Commission Attorney, Levi Hookano, dated December 4, 2009, transmitting a proposed "housekeeping" Charter Amendment; and CA -36: "HOUSEKEEPING" AMENDMENTS" Amends various sections of the charter and would do the following: (1) Include proper Hawaiian language diacritical marks; (2) Includes omitted words; (3) Correct spelling errors; (4) Correct grammatical errors; and (5) Correct formatting errors. UNFINISHED BUSINESS FIRST READING OF THE FOLLOWING CHARTER AMENDMENTS: 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 Postponed: November 6, 2009 CA -14: LEGISLATIVE AUDITOR Amends Sections 3 -18, 10 -13, and 13 -13. Amendment to Section 3 -18 would give the legislative auditor the authority to retain independent legal counsel. Amendment to Section 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 Section 13 -13 would require all county contracts to have a "right to audit" clause. Postponed: November 6, 2009 2009 -10 Charter Commission - 10 Page 3 December 18, 2009 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. Postponed: November 6, 2009 CA -20: COUNCIL STANDING COMMITTEES Adds a section to Article III. Creates standing committees composed of all council members and ensure councilmembers from each district have the same opportunity to have input in the development of ordinances and resolutions at the committee level. Postponed: November 6, 2009 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. Postponed: November 6, 2009 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. Postponed: November 6, 2009 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 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. Postponed: November 6, 2009 CA -24: BOARDS AND COMMISSIONS Amends Section 13 -4 regarding the nomination, confirmation, and removal procedure of county boards and commissions. Postponed: November 6, 2009 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. Postponed: November 6, 2009 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 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. Postponed: November 6, 2009 2009 -10 Charter Commission - 10 Page 4 December 18, 2009 CA -27: VACANCIES IN OFFICE Replaces Section 3 -4. The purpose of this amendment is to provide for an election for a councilmember if a vacancy occurs with more than 6 months left in the outgoing member's term and to set a procedure for filling the vacancy when less than 6 months is left that permits members of the public to apply to the council for the vacant office. Postponed: November 6, 2009 CA -28: DEPARTMENT OF CIVIL DEFENSE Adds a new chapter to Article V. The proposed amendment would include the department of civil defense in the charter. Postponed: 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. Postponed: November 6, 2009 CA -30: BOARD AND COMMISSION WEBSITES Amends Section 13 -4. The proposed amendment would require boards and commissions to maintain websites. Postponed: November 6, 2009 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. Postponed: November 6, 2009 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 Postponed: November 6, 2009 CA -34: BUDGETARY INDEPENDENCE OF THE LEGISLATIVE AUDITOR Adds a sub - section (d) to Section 10 -3. The purpose is to set the budget of the office of the legislative auditor 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. Postponed: November 6, 2009 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. Postponed: November 6, 2009 2009 -10 Charter Commission - 10 Page 5 December 18, 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 December 16, 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.