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HomeMy WebLinkAboutAGE CHC 2010-02-12EDMUND HAITSUKA Chairman DAVID FUERTES Vice Chair 12`h Session CALL TO ORDER ROLL CALL 2009 -2010 HAWAII COUNTY CHARTER COMMISSION MEETING AGENDA 1:30 p.m. February 12, 2010 County Council Chambers 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS DAPHNE HONMA CASEY JARMAN JAMAE KAWAUCHI GUY KAULUKUKUI JOSEPH KEALOHA ALAPAKI NAHALE -A SUSIE OSBORNE TODD SHUMWAY SCOTT UNGER (Testimony will be taken only on items on the agenda and will be limited to three minutes per item.) APPROVAL OF MINUTES COMMUNICATIONS COMM. 183 January 21, 2010 Memo from Commission Chair Edmund Haitsuka, requesting to amend the minutes from the May, June, August, September, October and November 2009 meetings by changing all references in the roll call section from "absent" to "excused." COMM. 184 Memo from Commission Attorney, Levi Hookano, dated February 4, 2010, informing the commission that the county council approved the commission's request to extend the deadline for filing its report with the council. Also attached is a revised timetable for the commission's work with deadline information 2009 -10 Charter Commission - 12 Page 2 February 12, 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. Postponed: January 21, 2010 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. Postponed: January 21, 2010 SECOND READING OF THE FOLLOWING CHARTER AMENDMENTS: CA -7 RECALL PROCEDURES - (Draft 2) 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 valid 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; (4) amending the number of votes required for an official to be successfully recalled and (5) increase the amount of time for signatures to be collected for a recall petition. CA -7, Draft 2, transmitted by Communication 180, dated February 2, 2010, from Commission Attorney, Levi Hookano. Amended and Postponed: January 21, 2010 CA -9 SPECIAL MEETING NOTICE REQUIREMENT (Draft 2) Amends Section 13 -20, subsection (c). Adds language to require that electronic notice of special meetings be linked on the appropriate council, board or commission webpage, if possible. CA -9, Draft 2, transmitted by Communication 180, dated February 2, 2010, from Commission Attorney, Levi Hookano. Amended and Postponed: January 21, 2010 2009 -10 Charter Commission - 12 Page 3 February 12, 2010 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. Postponed: January 21, 2010 (Note: There is a pending motion to approve CA -12 at second reading by Mr. Unger and duly seconded by Ms. Kawauchi, and there is a pending motion by Mr. Shumway and duly seconded by Mr. Kaulukukui to amend CA -12 by removing "residence address" from the requirements for signers on a petition.) 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. Postponed: January 21, 2010 (Note: There is a pending motion to approve CA -14 at second reading by Mr. Unger and duly seconded by Ms. Kawauchi, and there is a pending motion by Mr. Unger and duly seconded by Ms. Osborne to amend CA -14 by replacing the language in subsection (f)(5) with the language, "For the purpose of auditing the county council or the corporation counsel, the legislative auditor shall have the authority to retain independent counsel. ") 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. (Note: There is a pending motion to approve CA -15 at second reading by Ms. Kawauchi and duly seconded by Ms. Osborne.) COMM. 105: From Finance Director Nancy Crawford, dated November 5, 2009, providing alternative language to the amended proposal, as requested by the commission, and transmitting copies of language used by other Hawaii counties in their charters. Postponed: January 21, 2010 2009 -10 Charter Commission - 12 Page 4 February 12, 2010 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. Postponed: 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. Postponed: January 21, 2010 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. Postponed: January 21, 2010 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 is done in a manner consistent with their conservation and to add cultural resources to this responsibility. Postponed: January 21, 2010 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: January 21, 2010 2009 -10 Charter Commission - 12 Page 5 February 12, 2010 CA -30: BOARD AND COMMISSION WEBSITES Amends Section 13 -4. The proposed amendment would require boards and commissions to maintain websites. Postponed: January 21, 2010 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 Postponed: January 21, 2010 (Note: There is a pending motion to approve CA -31 at second reading by Mr. Unger and duly seconded by Mr. Kaulukukui.) 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. Postponed: January 21, 2010 UNFINISHED BUSINESS COMM. 136 Memo from Commission Attorney, Levi Hookano, dated January 12, 2010, transmitting a Report on Combining Proposed Amendments which recommends consolidating (1) CA -2, CA -3, and CA -36; (2) CA -9, CA -23, and CA -30, (3) CA -12 and CA -13, Postponed: January 21, 2010 and; COMM. 136.1 Memo from Commission Secretary, Karen Eoff, dated February 2, 2010 regarding Proposed Charter Amendments that passed 2nd reading at the January 21, 2010 meeting that may be discussed as part of Comm. 136. CA -1: Renames the manager of the department of water supply to "manager -chief engineer;" CA -2: Moves Data Systems to Article VI and changes the name to Department of Information Technology; CA -3: Moves Fire Department to Article VII; CA -4: Civil Service Amendment; CA -5: Merit Appeals Board Staggered Terms; CA -6: Removal of Directors Serving Under Commissions; CA -10: Expands the Powers, Duties, Functions of Department of Environmental Management; CA -11: Requirements of the Director of Department of Environmental Management; and CA -13: Mandatory Charter Review. 2009 -10 Charter Commission - 12 Page 6 February 12, 2010 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 February 10, 2010. 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 • 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.