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HomeMy WebLinkAboutAGE CHC 2010-01-21EDMUND HAITSUKA Chairman DAVID FUERTES Vice Chair 11th Session CALL TO ORDER ROLL CALL 2009 -2010 HAWAII COUNTY CHARTER COMMISSION SPECIAL MEETING AGENDA 11:00 A.M. January 21, 2010 Sheraton Keauhou Bay and Spa 78 -128 Ehukai Street Kailua -Kona, Hawaii 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 COMMUNICATIONS COMM. 136 December 18, 2009 Memo from Commission Attorney, Levi Hookano, dated January 12, 2010, transmitting a Report on Combining Proposed Amendments which would consolidate (1) CA -2, CA -3, and CA -36; (2) CA -9, CA -23, and CA -30, (3) CA -12 and CA -13. COMM. 137 Memo from Commission Attorney, Levi Hookano, dated January 13, 2010, transmitting a Request to the County Council for Report Deadline Extension which would extend the deadline one month; from March 13, 2010 to April 13, 2010. 2009 -10 Charter Commission - 11 Page 2 January 21, 2010 NEW BUSINESS FIRST READING OF THE FOLLOWING CHARTER AMENDMENTS: Please Note: 213 majority vote of the entire commission is required for CA -37 and CA -38 to be considered. CA -37 NAME CHANGE DEPARTMENT OF RESEARCH AND DEVELOPMENT Amends Article VI, Chapter 8, Sections 6 -8.1, 6 -8.2, and 6 -8.3. Replaces all references to "research and development" with "economic development." Additionally replaces "improvement of the county community" with "the economic viability and well being of the county community" in Section 6.8.3. CA -38 VOLUNTARY STATUS OF BOARD AND COMMISSION MEMBERS Amends Article XIII, Section 13 -4, relating to Boards and Commissions, item (g). Amendment deletes item (g) and renumbers remaining items. SECOND READING OF THE FOLLOWING CHARTER AMENDMENTS: Please Note: Some of the amendments listed below may be consolidated by the commission pursuant to Communication 136 above. In the event any proposed amendments are consolidated, they will be considered in their consolidated form and not as an individual proposal as listed below. CA -1 DEPARTMENT OF WATER SUPPLY Amends Article VIII, Department of Water Supply, Sections 8 -1 through 8 -3, Hawaii County Charter. Replaces all references to "manager" with "manager -chief engineer." Additionally replaces "chief engineer" with "director of public works" in Section 8 -2. CA -2 DATA SYSTEMS Moves Chapter 2, Data Systems, from Article V, Executive Branch -The Mayor and Staff Agencies, to Article VI, Executive Branch -The Managing Director and Agencies Under the Managing Director, Hawaii County Charter, and appropriately renumbers all affected sections. COMM. 97: From Deputy Corporation Counsel, William V. Brilhante, dated November 5, 2009, requesting to change the name of the Department of Data Systems to the Department of Information Technology. 2009 -10 Charter Commission - 11 Page 3 January 21, 2010 CA -3 FIRE DEPARTMENT Moves Chapter 4, Hawaii Fire Department, from Article VI, Executive Branch -The Managing Director and Agencies Under the Managing Director, to Article VII, Executive Branch - Departments or Agencies Under Commissions, Hawaii County Charter, and appropriately renumbers all affected sections. CA -4 CIVIL SERVICE LAWS Amends Article III, Section 3 -6; Article IV, Section 4 -5; Article V, Section 5 -3.1; Article VI, Section 6 -3.4; Article VI, Section 6 -9.1; Article VII, Sections 7 -1.5 and 7 -2.5; Article XIII, Sections 13 -3 and 13 -9 of the Charter relating to Civil Service laws that are under the jurisdiction of the State of Hawaii. CA -5 MERIT APPEALS BOARD Amends Article VII, Section 7 -1.2. The Merit Appeals board is a five member board. The amendment provides for staggered terms. CA -6 REMOVAL OF DIRECTORS SERVING UNDER COMMISSIONS Amends Article VII, Chapter 1, Section 7 -1.3; Article VII, Chapter 3, Section 7 -3.4; Article VI, Chapter 4, Section 6 -4.; and Article VIII, Section 8 -3. Amends provisions governing the appointment and removal of administrative heads appointed by Boards and Commissions to be consistent. 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 -9 SPECIAL MEETING NOTICE REQUIREMENT Amends Section 13 -20, item (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, AND 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. 2009 -10 Charter Commission - 11 Page 4 January 21, 2010 CA -11 DEPARTMENT 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 years of administrative experience in a related field AND possess a degree in a related field. CA -12 INITIATION OF AMENDMENTS OR REVISIONS - (Draft 2) Amends Section 15 -1 of the Hawaii County Charter by amending the required information to be collected from a person signing a petition in support of a charter amendment and increases the amount of time the county clerk has to examine the petition for sufficiency 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. CA -14: LEGISLATIVE AUDITOR - (Draft 2) Amends Section 13 -18 of the Hawaii County Charter by allowing the legislative auditor to retain independent legal counsel without having to go to the county council for approval, exempts the legislative auditor from the provisions of Section 6 -5.5 of the charter, and amends Section 10 -13 of the Hawaii County Charter by removing the mandatory provision that an audit or investigation be conducted upon the death, resignation, removal or expiration of the term of any county administrative officer and making this provision discretionary. CA -15: LAND FUND - (Draft 2) Establishes a public access, open space, and natural resources preservation fund and commission and establishes procedures for the lands to be selected for preservation. COMM. 105: From Finance Director, Nancy Crawford, dated November 5, 2009, providing alternative language to the amended proposal, and transmitting copies of language used by other Hawaii counties in their charters. 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. 2009 -10 Charter Commission - 11 Page 5 January 21, 2010 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 -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, and 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. 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. 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 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. 2009 -10 Charter Commission - 11 Page 6 January 21, 2010 UNFINISHED BUSINESS 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 January 19, 2010. Relay users please call 711(327 -0099) to contact our office. Videoconference: Videoconferencing is available at the following locations: • Hilo County Council Chambers, 25 Aupuni Street, Hilo, Hawaii 96720 • 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.