Loading...
HomeMy WebLinkAboutMIN CHC 2010-04-09.tif2009 -2010 HAWAII COUNTY CHARTER COMMISSION 14th Session Friday, April 9, 2010 County Council Chambers 25 Aupuni Street Hilo, Hawaii 96720 CALL TO ORDER: VICE CHR. FUERTES: Good afternoon. Today is April 9, 2010, and the time is approximately 1:36 p.m. I would like to call this regular meeting of the Hawaii County Charter Commission to order. We are in the Council Chambers of the Hawaii County Council, located at 25 Aupuni Street in Hilo. I will call the roll. ATTENDANCE: Present: Mr. David Fuertes, Vice Chairman Ms. Daphne Honma, Commissioner Mr. Guy Kaulukukui, Commissioner Ms. Jamae Kawauchi, Commissioner (1:50 p.m.) Mr. Joseph Kealoha, Commissioner Mr. Alapaki Nahale -a, Commissioner Ms. Susie Osborne, Commissioner Mr. Todd Shumway, Commissioner Mr. Scott Unger, Commissioner Excused: Mr. Ed Haitsuka, Chairman Ms. Casey Jarman, Commissioner Also Present: Mr. Levi Hookano, Legal Specialist Ms. Donna Leonard, Council Services Ms. Manu Hanano Council Aide (Waimea) Ms. Kristen Konan Aide (Kona) Ms. Karen Eoff, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS VICE CHR. FUERTES: Next on the agenda is Statements from the Public on items on the agenda. Before we start, I would like to remind everyone that the public testimony is limited to the items that are on our agenda today, and the testimony will be limited to three minutes for each agenda item. Do we have anyone from the public here today to testify regarding matters on the agenda? I don't see anyone from here. Is there anyone in Kona? MS. KONAN: There are no testifiers in Kona. VICE CHR. FUERTES: Is there anyone in Waimea? Okay, there are no testifiers in Kona or Waimea. Let's move to the next part of the agenda. APPROVAL OF MINUTES March 12, 2010 VICE CHR. FUERTES: Let's look at our minutes for March 12, 2010 meeting. I'll give you about three minutes to review that. After reviewing that, I'll ask for someone from our commission to make a motion to approve the minutes for March 12, 2010. MS. HONMA: I have one correction. I spoke with Karen earlier about this. On the attendance Todd Shumway is listed twice, and my name is missing. Karen is going to make the change. VICE CHR. FUERTES: Thank you very much, Ms. Honma. Secretary, can you make the change; thank you. Are there any other additions, deletions or corrections to the minutes? If not, may I have a motion from the floor to approve? Mr. Kealoha moved to approve the minutes of the March 12, 2010 meeting. Seconded by Mr. Shumway and carried by the following vote: Ayes: Commissioners Honma, Kaulukukui, Kealoha, Nahale -a, Osborne, Shumway, Unger and Vice Chair Fuertes. Noes: None. Absent: Commissioners Jarman, Kawauchi and Chair Haitsuka. 2 COMMUNICATIONS COMM. 250: FORMATTING OF CHARTER AMENDMENTS From commission attorney Levi Hookano dated March 31, 2010, transmitting the proposed final format of charter amendments passed by the commission. The legislative research branch provided several suggestions to the format of the following proposals which are explained therein: CA -1: Department of Water Supply; CA -2: Data Systems; CA -3: Fire Department; CA -4: Civil Service Laws; CA -5: Merit Appeals Board; CA -6: Removal of Directors Serving Under Commissions; CA -7 (Draft 3): Recall Procedures; CA -9 (Draft 2): Special Meeting Notice Requirement; CA -10: Department of Environmental Management, Powers, Duties, and Functions; CA -11: Department of Environmental Management, Requirements of Director; CA -12 (Draft 3): Initiation of Amendments or Revisions; CA -13: Mandatory Charter Review; CA -15 (Draft 3): The Land Fund; CA -17 (Draft 2): Reapportionment to Redistricting; CA -24: Electronic Notice with Newspaper Publications; CA -26: Conservation of Natural and Cultural Resources; CA -29: Prosecuting Attorney Powers; CA -36: "Housekeeping" Amendments; CA -38: (Draft 2): Voluntary Status of Board and Commission Members. Note: This communication is for the narrow purpose of formatting the proposals and that no substantive amendments will be permittetl, VICE CHR. FUERTES: Do I have a motion on this communication? MR. NAHALE -A: What is the appropriate motion, Levi? MR. HOOKANO: The motion would be to move to approve the formatting recommendations. Mr. Nahale -a moved to approve Comm. 250 and adopt the formatting recommendations of the legislative research branch. Seconded by Ms. Osborne. VICE CHR. FUERTES: Is there any discussion on Communication 250? MR. NAHALE-A: Great job, Levi and Jon; very nice, thank you. VICE CHR. FUERTES: Compliments to you guys. MR. HOOKANO: Mr. Chair, there is just one thing that I want to point out regarding the formatting and that is related to CA -7, Recall Procedures. That one contains a little bit more of a thorough change because of the grammar. The language was, "valid votes cast," as it relates to the recall election. There was a tern that "valid votes cast" cannot cast a vote; which is what the language read like. So, we had to really change the language in that one. I don't know if all of you have had a chance to look at that proposed language in CA -7. That was the one that I had the most concerns about bringing to the commission, because it changes the language. But, I believe the intent and the effect is still the same. VICE CHR. FUERTES: Okay; are there any other questions for Levi? MR. NAHALE -A: Is there any chance we vetted that with members of the public that this was a priority for? MR. HOOKANO: No, that was not brought to their attention. But, the way it read previously; it wouldn't have worked. This is the way that we believe is in line with the intent that this was brought forward; to base it off of the revised number of votes required. VICE CHR. FUERTES: Are there any further questions or comments on Comm. 250? If not, I call for the question. The motion to approve Comm. 250 and to adopt the formatting recommendations of the legislative research branch was carried by the following vote: Ayes: Commissioners Honma, Kaulukukui, Kealoha, Nahale -a, Osborne, Shumway, Unger and Vice Chair Fuertes. Noes: None. Absent: Commissioners Jarman, Kawauchi and Chair Haitsuka. NEW BUSINESS COMM. 251: REPORT TO THE COUNTY COUNCIL From commission attorney, Levi Hookano transmitting the proposed report of the charter commission to the county council. The report contains the commission's activities, findings, and recommendations as required by Hawaii Revised Statutes, §50 -8. The report transmits the text of the commission's proposals for the council's considerations. MR. HOOKANO: Mr. Chair, did you want to take Comm. 136 out of order, prior to this one? VICE CHR. FUERTES: Yes, thank you very much for bringing that up. We had a recommendation from our co- commissioner, Casey Jarman. She couldn't be here, but she wanted to ask if we could postpone this to the next meeting. I guess before we can even talk about that, we need to have a motion. M UNFINISHED BUSINESS COMM. 136: CONSOLIDATION OF CHARTER AMENDMENTS 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. 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 Requirements; 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. and; COMM. 136.3: Memo from commission secretary, Karen Eoff, dated March 31, 2010 summarizing proposed charter amendments that passed 2nd reading and may be discussed as part of Comm. 136. Proposed amendments include CA -1: Department of Water Supply; CA -2: Data Systems; CA -3: Fire Department; CA -4: Civil Service Laws; CA -5: Merit Appeals Board; CA -6: Removal of Directors Serving Under Commissions; CA -7 (Draft 3): Recall Procedures; CA -9 (Draft 2): Special Meeting Notice Requirement; CA -10: Department of Environmental Management, Powers, Duties, and Functions; CA -11: Department of Environmental Management, Requirements of Director; CA -12 (Draft 3): Initiation of Amendments or Revisions; CA -13: Mandatory Charter Review; CA -15 (Draft 3): The Land Fund; CA -17 (Draft 2): Reapportionment to Redistricting; CA -24: Electronic Notice with Newspaper Publications; CA -26: Conservation of Natural and Cultural Resources; CA -29: Prosecuting Attorney Powers; CA -36: "Housekeeping" Amendments; CA -38: (Draft 2): Voluntary Status of Board and Commission Members. Mr. Kaulukukui moved to postpone the discussion of Comm. 136 and all related communications until the May meeting of the Commission. Seconded by Mr. Kealoha. VICE CHR. FUERTES: Is there any discussion? MR. KAULUKUKUI: Mr. Chair, I am supportive of postponing this until our next meeting of the Commission in the hopes of getting the entire Commission to be able to review this communication and weigh in on it. VICE CHR. FUERTES: Thank you, Mr. Kaulukukui. MR. SHUMWAY: I have a question for Mr. Hookano. What impact does that have on the Council? They have a May 13, 2010 deadline for responding. MR. HOOKANO: Yes, they have a May 13, 2010 deadline. In the current wording of the report, it does mention that the Commission may consolidate amendments at a later time; so they are put on notice that the Commission may do that. I don't think it will significantly impact the Council's response to the Commission. VICE CHR. FUERTES: Are there any other questions or comments? So the motion is to postpone Comm. 136; and with that, Comm. 136.1, Comm. 13 6.2, and Comm. 136.3. I believe they are all related to Comm. 136. MR. HOOKANO: Yes, they are all connected. So if you postpone the main communication, which is Comm. 136, then all of them are postponed along with it. VICE CHR. FUERTES: Does everyone understand that? If there are no further questions, the motion to postpone Comm. 136 is on the floor. The motion to postpone Comm. 136 and all related communications to the next Charter Commission in May was carried by the following vote: Ayes: Commissioners Honma, Kaulukukui, Kealoha, Nahale -a, Osborne, Shumway, Unger and Vice Chair Fuertes. Noes: None. Absent: Commissioners Jarman, Kawauchi and Chair Haitsuka. R Returning to New Business, COMM. 251, the Report to the Council VICE CHR. FUERTES: I read what it is into the record earlier. Do I have a motion to approve Comm. 251? Shumway moved to approve Comm. 251, the report to the County Council. Seconded by Mr. Kealoha. VICE CHR. FUERTES: Is there any discussion on the report? Levi, maybe you can explain the process; after it's approved, what things or actions happen after that; just so we all understand. MR. HOOKANO: Mr. Chair, what happens from here is the report will be transmitted to the County Council for placement on their April 20, 2010 Council agenda. I believe it is going to be waived from Committees and go straight to the Council meeting. They will have 30 days from when they receive the report. I was asked by the staff of the County Clerk's office if I could submit it on Monday, April 12, 2010. That would then give them until May 12, 2010 to send it back to the Commission. From there they have the opportunity to propose alternatives to the Commission's questions. For example, if they feel certain terms should be different; they can transmit that to the Commission, but it has to be within 30 days. From there, the Commission can either accept or reject their alternatives. It is up to this body on what they want to do with it. Any alternative that is rejected goes back to the County Council. They can pull it back, or put it on the ballot. VICE CHR. FUERTES: So the final say would be the Council? MR. HOOKANO: No, everything that has been passed by this Commission is going on the ballot. The Council cannot alter your proposals without your consent. I hope all of you have had a chance to look through this report. It gives a general over -view of what this Commission has been doing for the last year and a half. It explains what the proposals are and why they are being put forward. There are some changes that have been brought to my attention that maybe should be made. On the last page are the acknowledgements of Clerk's staff and other members of the County who have helped this Commission with their meetings. I was asked if Alfred Robello, BJ Soriano, and Kristen Konan could be added. They were helping us with our public hearings, as well as Kristen Konan who helps to take in public testimony; so if they could be added to the acknowledgement page. VICE CHR. FUERTES: Great. We don't need a motion for that, do we? MR. HOOKANO: It could be accepted by unanimous consent, I guess. 7 VICE CHR. FUERTES: And we do thank all of those who made this possible for our people in our County. Going back to the motion; it has been moved and seconded. Is there any other discussion? MS. OSBORNE: I see a small typo; in front of Jamae's name it looks like there is a period. MR. HOOKANO: I think that is from the copy machine. But, I'll take a look at that just to make sure. VICE CHR. FUERTES: Since we have no other comments, let's vote. The motion to approve Comm. 251, the Report to the County Council, was carried by the following vote: Ayes: Commissioners Honma, Kaulukukui, Kawauchi, Kealoha, Nahale -a, Osborne, Shumway, Unger and Vice Chair Fuertes. Noes: None. Absent: Commissioners Jarman and Chair Haitsuka. VICE CHR. FUERTES: This is great. I'm a little bit nervous, I tell you; I'm going to be truthful with you guys, and I thank you guys so much for contending with my little bit insecurity. But, thank you very much. Let's move on to Reports. REPORTS VICE CHR. FUERTES: Do we have any reports from commissioners, or our secretary or our counsel? Do we have any reports? If there are none, let's move to Referrals for Executive Session. REFERRALS FOR EXECUTIVE SESSION VICE CHR. FUERTES: We have no referrals for executive session. ANNOUNCEMENTS VICE CHR. FUERTES: When is our next meeting? Are there any recommendations? MR. HOOKANO: Mr. Chair, just to let everyone know, the County Council has to transmit their report by May 12, 2010. The Commission's regularly scheduled meeting is on May 14, 2010, the second Friday of the month. However, we won't be able to file an agenda for that meeting unless we receive the report earlier. So, I don't think we would be able to have the meeting on May 14, 2010. The Commission could decide on an alternate date, sometime after that; at least six days after May 12, 2010. VICE CHR. FUERTES: Are there any suggestions, commissioners? MS. OSBORNE: Friday, May 21, 2010. VICE CHR. FUERTES: Can we all accept May 21, 2010? MR. HOOKANO: Yes, May 21, 2010. Would it beat the same time and location? VICE CHR. FUERTES: Yes, it would be Friday, May 21, 2010 at 1:30 p.m. here in the County Council room in Hilo. If there is no further discussion on things on the agenda, we want to wish you a good weekend, and enjoy Merrie Monarch. We are so fortunate we can have Merrie Monarch on the Big Island; especially in Hilo. I've been walking around - -you know I'm from the kuahiwi of Kohala - -and man, I've never seen so many people over there, and a lot of good energy. So congratulations to the Big Island for hosting this. ADJOURNMENT VICE CHR. FUERTES: Can I have a motion to adjourn? There being no further business, at 1:56 p.m. Mr. Kealoha moved to adjourn the meeting. Seconded by Ms. Honma and carried by the following vote: Ayes: Commissioners Honma, Kaulukukui, Kawauchi, Kealoha, Nahale -a, Osborne, Shumway, Unger and Vice Chair Fuertes. Noes: None. Absent: Commissioners Jarman and Chair Haitsuka. VICE CHR. FUERTES: The meeting is adjourned. Thank you. 9 Respectfully Submitted, Karen Eoff, Secretary Approved: Mr. Ed Haitsuka, Chair Hawaii County Charter Commission 10