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HomeMy WebLinkAboutAGE CHC 2010-03-12EDMUND HAITSUKA Chairman DAVID FUERTES Vice Chair 13th .C,q c�inv� CALL TO ORDER ROLL CALL 2009 -2010 HAWAII COUNTY CHARTER COMMISSION MEETING AGENDA 1:30 p.m. March 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 February 12, 2010 COMMUNICATIONS COMM. 242: From commission attorney Levi Hookano, dated February 25, 2010, requesting permission to correct a formatting error contained in CA -7 that passed second reading on February 12, 2010. 2009 -10 Charter Commission - 13 Page 2 March 12, 2010 NEW BUSINESS SECOND READING OF THE FOLLOWING CHARTER AMENDMENTS: CA- 12ANITIATION OF AMENDMENTS OR REVISIONS (Draft 3) 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. Amended and held over February 12, 2010 (Note: There is a pending motion to approve CA -12 at second reading by Mr. Unger and duly seconded by Ms. Kawauchi as amended February 12, 2010 by substituting "registered voters" with "valid votes cast. ") CA- 15:LAND FUND (Draft 3) Adds new sections to the Hawaii county charter. Establishes a public access, open space, and natural resources preservation fund and commission and establishes procedures for the lands to be selected for preservation. Amended and held over February 12, 2010 (Note: There is a pending motion to approve CA -15 at second reading by Ms. Kawauchi and duly seconded by Ms. Osborne as amended February 12, 2010 by substituting it with language contained in Comm. 218.) and; COMM. 243: From Commissioner Scott Unger requesting to include language regarding voluntary contributions to the land fund in Section (b) of Comm. 218; that portion of the sentence was inadvertently omitted in the motion to approve the substitute language. CA- 16ANITIATION OF CHARTER AMENDMENTS AND REVISIONS (Draft 2) Amends Section 15 -1 of the Hawaii county charter. 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. Amended and held over February 12, 2010 (Note: There is a pending motion to approve CA -16 at second reading by Ms. Jarman and duly seconded by Mr. Shumway as amended February 12, 2010 to substitute it with the language in Comm. 212 and to replace, "persons who voted," with "valid votes cast. ") 2009 -10 Charter Commission - 13 Page 3 March 12, 2010 CA- 17:REAPPORTIONMENT TO REDISTRICTING (Draft 2) Amends Section 3 -17 of the Hawaii county charter. 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 with the exception of the 2011 commission. Amended and held over February 12, 2010 (Note: There is a pending motion to approve CA -17 at second reading by Mr. Kaulukukui and duly seconded by Mr. Unger as amended February 12, 2010 to clarify that the 2011 redistricting commission will be appointed by March 1, 2011.) CA- 38:VOLUNTARY STATUS OF BOARD AND COMMISSION MEMBERS (Draft 2) Amends Section 13 -4, relating to Boards and Commissions. Amendment retains item (g) and amends the amount a board or commission member may receive as compensation. (Note: CA -38 was amended to Draft 2 at the February 12, 2010 meeting. The amendment retains language in subsection (g), changes the word "shall" to "may," and changes the reference "from five -times the state minimum hourly wage," to "two -times the state minimum hourly wage. ".) 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: February 12, 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 - 13 Page 4 March 12, 2010 and; COMM. 136.2: Memo from Commission Secretary, Karen Eoff, dated March 2, 2010 regarding Proposed Charter Amendments that passed 2nd reading at the February 12, 2010 meeting that may be discussed as part of Comm. 136. CA -7 Draft 2: Recall Procedure; CA -9 Draft 2: Special Meeting Notice Requirement; CA -23: Electronic Notice with Newspaper Publications; CA -26 Draft 2: Conservation of Natural and Cultural Resources; CA -29: Prosecuting Attorney Powers; and CA -36 Draft 2: "Housekeeping" Amendments. 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 March 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.