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HomeMy WebLinkAboutMIN CHC 2010-07-23.tif2009 -2010 HAWAII COUNTY CHARTER COMMISSION 17th Session Friday, July 23, 2010 County Council Chambers 25 Aupuni Street Hilo, Hawaii 96720 CALL TO ORDER: Chairman Haitsuka called the meeting to order at approximately 1:35 PM and noted that Commissioners were present in the Council Chambers in Hilo at 25 Aupuni Street and at the County Council Office in Kona at the Kailua Trade Center. ATTENDANCE: Present: Mr. Ed Haitsuka, Chairman (Kona videoconference) Ms. Daphne Honma, Commissioner Ms. Jamae Kawauchi, Commissioner Mr. Guy Kaulukukui, Commissioner Mr. Alapaki Nahale -a, Commissioner Ms. Susie Osborne, Commissioner Mr. Todd Shumway, Commissioner Excused: Mr. David Fuertes, Vice Chairman Ms. Casey Jarman, Commissioner Mr. Joseph Kealoha, Commissioner Mr. Scott Unger, Commissioner Also Present: Mr. William Brilhante, Deputy Corporation Counsel Ms. Arlene Boteilho, Council Committees Ms. Manu Hanano, Council Aide (Waimea videoconference) Ms. Karen Eoff, Secretary (Kona videoconference) STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS MARGARET WILLE (At this time Margaret Wille came forward to address members of the Charter Commission.) Margaret Wille testified via videoconference from the Waimea Council Office. She commented on Communications 258, 256, 256.1 and 259. Regarding Comm. 258, the Proposed Ballot Questions, Ms. Wille made suggestions for the order of the ballot questions. She commented that because there are 19 proposed charter amendments, that the order in which they appear on the ballot is important and that the same order in which they will appear on the ballot is how they should appear on the public educational material, in order to facilitate voters finding the CA's of interest to them when they enter the voting booth. She suggested that CA's that are of more general "public interest" come first, but not starting with the most controversial complex land fund question. The amendments that are more "esoteric" or housekeeping, and /or not easily understood unless you have studied the issue should follow and be grouped according to similarity of issues. In particular she would start with CA -9 (Electronic notice of meetings to the public), CA -26 (Conservation of natural and cultural resources) and CA -15 (memorialize Land Fund allocation). She pointed out Levi informed the Committee that the CA numbers of the proposed amendments would not be included on the ballot, so there will not be confusion with putting the amendments in a different order on the ballot. Regarding Comm. 256 and 256.1, the Report from the Ad Hoc Committee on Education, Ms. Wille suggested that Commissioners use the Community Development Plan (CDP) Action Committees and Steering Committees (and the Envision Downtown Hilo 2025 Committee) as the appropriate forum for any face -to -face presentations. She noted that Larry Brown, in the Planning Department's long range planning division should be contacted. He does an excellent job with the Puna CDP and their web site. Larry Brown could contact the others who are involved with the other CDP Action Committees and Steering Committees. It is important to do this sooner than later so as to get on the agenda of the various groups, since they usually only meet once a month. She explained these groups are focused on interaction with the community and are particularly appropriate because they have a diverse make -up (versus representing one special interest). This brings in a cross section of opinions and concerns and is already in place with a broad community network, email and otherwise. In contrast, she urged the committee not to spend their limited energies holding their own community meetings or going to groups that represent any specific interest group. (Versus going to certain special interest groups e.g. the Chamber of Commerce). She also encouraged using the internet and popular Big Island blog sites to post educational materials. She added that Big Island Video News or Osira Communications could film a presentation at a Commission meeting for the Commission's own website so that folks could watch the presentation at their leisure. (A member of the Commission asked Ms. Wille to submit these suggestions in writing.) Ms. Wille noted that students can also be more creative and schools could be included in the educational process. 2 Regarding Comm. 259, Confirming Lincoln Ashida as the Replacement Legal Counsel, Ms. Wille had some concerns that Lincoln Ashida as replacement attorney for the Commission would not be as objective as Mr. Hookano (so perhaps a deputy corporation counsel would be better). She said she respects Lincoln Ashida as an excellent attorney, but the Commission should be aware he is a member of the Mayor's cabinet and his allegiance to the executive branch would be foremost. In the context of educating the public, she noted that Lincoln Ashida argued against Charter Amendment CA -30 to require all Boards and Commissions to maintain a public information website; a Charter Amendment that she felt very strongly should have been approved as a means of educating the public about the County Government generally, and, in her opinion, this Charter Amendment would likely have been approved but for Ashida's opposition. She also pointed out Ashida's opposition to CA -25 (to memorialize the Community Development Plan Action Committees) which was important to community members across the Island but which was opposed by the Executive branch. She said she was not opposing Ashida's appointment, but asked that the Committee keep in mind his political position in the Executive branch. APPROVAL OF MINUTES June 25, 2010 Chair Haitsuka asked for a motion to approve the minutes of the June 25, 2010 meeting. Mr. Shumway moved to approve the minutes of the June 23, 2010 meeting. Seconded by Ms. Honma and carried by the following vote: Ayes: Commissioners Honma, Kawauchi, Kaulukukui, Nahale -a, Osborne, Shumway and Chair Haitsuka. Noes: None. Absent: Commissioners Fuertes, Jarman, Kealoha and Unger COMMUNICATIONS COMM. 259: CONFIRM LINCOLN ASHIDA AS REPLACEMENT LEGAL COUNSEL Memo from Edmund W.K. Haitsuka, Chairman, Hawaii County Charter Commission, dated July 14, 2010, naming Lincoln Ashida, Corporation Counsel, as replacement counsel for Levi Hookano. Chair Haitsuka asked for a motion to file Comm. 259 and approve Mr. Ashida as the replacement legal counsel for the Charter Commission. 3 Mr. Shumway moved to file Comm. 259 and approve Mr. Ashida as the replacement legal counsel for the Charter Commission Seconded by Mr. Nahale -a. Chair Haitsuka asked if there was any discussion. WILLIAM BRILHANTE (At this time William Brilhante, Deputy Corporation Counsel came forward to address members of the Charter Commission.) Mr. Brilhante stated that he was attending the meeting in place of Mr. Ashida and wanted to make that clear on the record. Mr. Ashida wanted the Commissioners to know that in the event that he may not be able to attend the meetings, he will assign on of his Deputies. The motion was carried by the following vote: Ayes: Commissioners Honma, Kawauchi, Kaulukukui, Nahale -a, Osborne, Shumway and Chair Haitsuka. Noes: None. Absent: Commissioners Fuertes, Jarman, Kealoha and Unger COMM. 260: EDUCATIONAL PRESENTATIONS Memo from Edmund W.K. Haitsuka, Chairman, Hawaii County Charter Commission, dated July 14, 2010, asking commissioners to identify potential organizations in their respective districts to whom the Charter Commission can give presentations regarding the proposed Charter amendments. Chair Haitsuka asked for a motion to file Comm. 260 and noted that some presentations have already been made to various groups in the community including the Chamber of Commerce, the Kona Town Meeting, the Leeward Planning Commission and the Waimea Rotary Club. Mr. Shumway moved to file Comm. 260. Seconded by Ms. Honma. Chair Haitsuka asked if there was any discussion. Mr. Shumway asked if Commissioners would have something in writing or would they just have to formulate their own presentation. He suggested that it would be better to standardize the presentation and that would put less of a burden on the Commissioners. 12 Ms. Kawauchi asked how the arrangements would be made for Commissioners to go out into the community and suggested that arrangements should all go through the Commission Secretary, Karen Eoff. This would help coordinate who is going where. Mr. Shumway asked what type of presentation was used in the past and added that Power Point would be a good way to present. Ms. Kawauchi suggested a Frequently Asked Questions handout would be helpful. The motion was carried by the following vote: Ayes: Commissioners Honma, Kawauchi, Kaulukukui, Nahale -a, Osborne, Shumway and Chair Haitsuka. Noes: None. Absent: Commissioners Fuertes, Jarman, Kealoha and Unger NEW BUSINESS There was no New Business UNFINISHED BUSINESS COMM. 256: REQUEST TO PLACE REPORT FROM THE AD -HOC COMMITTEE ON EDUCATION ONTO THE AGENDA Memo from Commissioner Casey Jarman, Chair of the Ad Hoc Committee on Education, dated June 14, 2010. (Discussion on Comm. 256 and all related communications was postponed June 25, 2010.) and; COMM.256.1: REPORT FROM THE AD -HOC COMMITTEE ON EDUCATION From Ad -Hoc Committee Chair, Casey Jarman, transmitting the findings and the report of the Ad -Hoc Committee on Education. Mr. Shumway reported that the Ad Hoc Committee on Education met on May 28, 2010 to discuss ideas regarding educating the public about the proposed Charter amendments. Committee members included Ms. Jarman, Chair; Mr. Nahale -a, Ms. Osborne, Mr. Unger and Mr. Shumway. Mr. Shumway spoke on recommendations #1 - #4 making the following suggestions: 5 1. A pamphlet summarizing the proposed amendments to be widely distributed and placed on websites for the Charter Commission, County Council, Mayor's office and Office of Elections with distribution occurring after the primary election but prior to the distribution of the absentee ballots, which is early October. Hire a firm to publish the pamphlet and develop a brand for it. 2. Ask the League of Women Voters to draft proposed language for the pamphlet that would be reviewed, finalized, and vote on by the Commission. 3. Commission members would make presentations to community groups and each member would participate in a few presentations. 4. Disseminate information through traditional news media and political blogs. Mr. Nahale -a spoke on recommendation #5: 5. Tap high school and college students to stimulate interest in the amendments by having them develop PSAs, perhaps through a contest. Chair Haitsuka noted that the League of Women Voters will generate a draft of proposed language for the Commissioners to approve. Ms. Dursin confirmed it would be done by the second week of August and before the next meeting of the Charter Commission. Mr. Kaulukukui suggested that the pamphlet should include an explanation of what the Charter is and where we are in the process. Mr. Nahale -a suggested that the overview could be an insert. The insert would go into a four -fold brochure which would have the sample ballot questions and brief explanations. Mr. Brilhante noted that the League of Women Voters is only working on the explanations and that the Commission should look to Mr. Hookano's memo, Comm. 258, for the actual wording of the ballot questions. Commissioners will have to approve both. Mr. Shumway suggested that the Ad Hoc Committee should meet again to discuss the language and design of the pamphlet. Ms. Kawauchi asked that the Commission postpone or defer this agenda item. Ms. Osborne asked if Commission Secretary, Karen Eoff could help put together a Power Point Presentation using the outline the Chair Haitsuka has prepared and any other input from Commissioners. Chair Haitsuka agreed that a standardized presentation would be helpful and that the Ad Hoc Committee should meet again before Commissioners adopt the ballot language and suggested the Commission postpone this item. 0 Mr. Nahale -a moved to postpone Comm. 256 and 256.1 until the next meeting of the Charter Commission. Seconded by Ms. Osborne and carried by the following vote: Ayes: Commissioners Honma, Kawauchi, Kaulukukui, Nahale -a, Osborne, Shumway and Chair Haitsuka. Noes: None. Absent: Commissioners Fuertes, Jarman, Kealoha and Unger COMM. 258: PROPOSED BALLOT QUESTIONS FOR CHARTER AMENDMENTS Memo from Commission Attorney, Levi Hookano, dated June 16, 2010, transmitting proposed ballot language for the commission's proposed amendments. Ms. Kawauchi moved to postpone Comm. 258 until the next meeting of the Charter Commission. Seconded by Mr. Kaulukukui. Chair Haitsuka noted that there was an error in the ballot question language proposed by Mr. Hookano for CA -7, Relating to Recall. Mr. Hookano's proposed language reads, "....twenty percent of the valid votes cast in the last general election." This should read, "twenty -five percent of the valid votes cast in the last general election." The correction needs to be made in two places of that question. The motion was carried by the following vote: Ayes: Commissioners Honma, Kawauchi, Kaulukukui, Nahale -a, Osborne, Shumway and Chair Haitsuka. Noes: None. Absent: Commissioners Fuertes, Jarman, Kealoha and Unger REPORTS Chair Haitsuka noted that there were no reports. REFERRALS FOR EXECUTIVE SESSION Chair Haitsuka noted that there were no Referrals for Executive Session. 7 ANNOUNCEMENTS Chair Haitsuka announced that the next regularly scheduled meeting of the Charter Commission would be held at 1:30 PM on August 13, 2010, in the Council Chambers in Hilo, 25 Aupuni Street. ADJOURNMENT Chair Haitsuka asked for a motion to adj ourn. There being no further business, at 3:10 PM Mr. Nahale -a moved to adjourn the meeting. Seconded by Mr. Kaulukukui and carried by the following vote: Ayes: Commissioners Honma, Kawauchi, Kaulukukui, Nahale -a, Osborne, Shumway and Chair Haitsuka. Noes: None. Absent: Commissioners Fuertes, Jarman, Kealoha and Unger 0 Respectfully Submitted, Karen Eoff, Secretary Approved: Mr. Ed Haitsuka, Chair Hawaii County Charter Commission