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HomeMy WebLinkAboutMIN CHC 1989-06-07 Minutes of HAWAII COUNTY CHARTER COMMISSION June 7 , 1989 I. CALL TO ORDER Chairman Bethea called the meeting to order at approximately 3 : 43 p.m. at the Department of Liquor Control , Conference Room #230, 101 Aupuni Street , Hilo, Hawaii. II. ROLL CALL Members Robert E. Bethea, Chairman Present: Sherwood Greenwell , Co-Chairman Pamela F. Cushnie Francine Duncan David Fuertes James O. Juvik Aileen Lum Steven T. Nishikawa Patricia M. Poppe Members H. Peter L'Orange Absent : Akira T. Omonaka Attorney: Christopher Yuen Secretary:R. Marie Jacobs Others Mr. & Mrs. Ralph L. Yost Present : Mr . Kelly Leong William Bennett , West Hawaii Committee Sam Page, West Hawaii Committee John R. Hughes , KIPA James E. Moulds Dave Harada-Stone, Hawaii Tribune-Herald Richard Miyamoto, Corporation Counsel Jan Bibb, Liquor Department III. APPROVE MINUTES OF 05/17/89 The minutes were unanimously approved upon motion made by Sherwood Greenwell and seconded by Steven Nishikawa. All were in favor. 427 IV. REPORT OF COUNSEL A. Correspondence received. Chairman Bethea received two letters from Attorney Yuen, dated June 5 , 1989 , which were passed out to commission members; one concerned the Department of Civil Service and the other concerned changes to the Rules of Procedure. Commission members will review the correspondence and discuss it at the next meeting. In the interim, a draft of the Rules of Procedure will be mailed to commissionmembers for review and discussion at the next meeting. B. Minutes 1. Chairman Bethea said that because it is not required of this commission, the minutes will no longer be verbatim. Counsel and secretary will work out an appropriate method of doing the minutes . i I 2. Chairman Bethea suggested that the minutes should be more available to the public in all areas . Dr. Juvik suggested leaving a copy in each library location; Marie will contact the State Library concerning this. V. CORPORATION COUNSEL' S OFFICE OPERATIONS By Richard Miyamoto A. Welcome/acknowledgment . Chairman Bethea acknowledged that Attorney Miyamoto' s presentation (Attachment A) was circulated to members for review. The Commission requested that Mr. Miyamoto first summarize his presentation. B. Summary. Attorney Miyamoto explained the Corporation Counsel ' s Office is the legal counsel for the executive and legislative branches of County government. The office is divided into four divisions: 1) Advisory Division: gives legal advice to all County departments. 2) Litigation Division: initiates suits on behalf of the County and defends suits against the County. 3) Family Support Division: a division funded mainly by the federal and state governments and including a percentage of County revenues . They bring paternity actions and perform other functions under the Uniform Reciprocal Enforcement of Support Act , including out-of-state 428 actions . 4) Stenographic Division: prepares and routes all documents and correspondence (a foot high pile or more daily) . C. Questions/comments: 1 . Family Support. Ms . Cushnie asked if this division had a higher proportion of staff because of federal and state funding? She was advised that that was part of it and also because there are 6 , 000 on-going cases , the number of which increases constantly. 2. Property condemnation. Ms. Cushnie was advised that they do handle such cases in court for the County, although there are no cases at this time; and those past cases concerned mainly County acquisition. D. Charter wording: 1 . Swearing in/confirmation. Attorney Miyamoto said his is the only position which has a lengthy delay that prevented him from taking , 1. Delete term of office at the same time the other department office; allow him heads took office. He suggested deleting the take office same term of office (Sec. 5-2. 6) , thereby allowing time as others. Sec. 13-8 to remain as is and achieve uniformity ', towards all department heads. Chairman Bethea questioned the reason for lack of continuity. Ms. Poppe suggested the biggest difference was the others were not terminated, whereas the Corporation Counsel could be terminated after three months if a new 1 one were not appointed/confirmed; but that they were all co-terminous with the mayor. Attorney Miyamoto thought the Council wanted their say on who filled the position besides the confirmation process . Dr. Juvik questioned whether someone appointed, but not yet confirmed, could have legal actions registered against him. Mr. Greenwell suggested the qualifica- tions might make a difference. Attorney Yuen said there is nothing in 2. Yuen: define the Charter that explains what 13 . 8 means by "qualification." "qualified, " or determining whether someone meets qualifications , and offered suggestions for wording it properly. 429 I , Chairman Bethea summarized the comments by saying that the difference is that the old person continues in office until someone else is appointed and confirmed; and other department heads take office when they' re appointed and qualified. Ms . Cushnie offered that it might be a sensitive position which the County could not function without unless the person were appointed, qualified and confirmed by Council . Attorney Miyamoto said if a new counsel isn' t appointed within three months , the assistant becomes Acting Corporation Counsel . Chairman Bethea said the commission needs to consider: 1) swearing in before Council confirms department heads? be qualified? 2) whether Corporation Counsel should be treated differently from the rest? 3 ) consider the 3-month issues raised by Ms. Poppe. 2. Legal process. Attorney Miyamoto also 3. Create new section recommended that if Section 5-2. 6 were deleted, for service of a new 5-2 . 6 could be created re service: "Legal legal documents on process against the County shall be served upon all attorneys. the corporation counsel or any of the deputies. " Nothing appears in the Charter at the moment. H.R. S. , 46-71 says "corporation counsel" or "deputies" , as provided by Charter. Ms. Cushnie and Chairman Bethea discussed. 3 . Special counsel . Attorney Miyamoto wishes Section 5-2. 5 be amended by adding a new sentence: "Any special counsel appointed under 4. Add that special this section shall be a subo 'rdinat`e of the cor- counsels are poration counsel . " He expressed some reserva subordinate to tions about how this amendment would work in Corp. Counsel. impeachment proceedings and suggested further research by the commission-' s attorney . Chairman Bethea thought Corporation Counsel should select special counsel. Attorney p Yuen mentioned that there might be a distinction between "special counsel," where someone might be hired to add a particular expertise, and "independent counsel," where some County entity might want to hire an attorney to be independent of Corporation Counsel. Dr . Juvik suggested that the whole reason for hiring special counsel would be a conflict between administration and Council. Attorney Miyamoto suggested that this 430 counsel would be hired for a short period of time and have expertise; he didn' t want the language too clarifying. 4. Bond counsel. Attorney Miyamoto says bond counsel is selected by Finance director. 5 . Miscellaneous. When Chairman Bethea asked Attorney Miyamoto whether Miyamoto saw conflicts between the administration and Council when legal opinions were asked for , Attorney Miyamoto answered that such a situation could occur in the future. VI . CHARTER REVIEW By Dante K. Carpenter. (See Attachment B. ) A. Article III - Council } 1 . Section 3-4 - Salary Commission. Both 5. Salary Commission the Council and administration should be should set pay addressed here. Council should not be in for Council and authority over administration; and then administration. Council ' s salaries be set by this commission. That change would de-politicize. The difference between counties is as much as $20 , 000 differ- ence per office. 2. Section 3-14 - Pay plan. The language ! . should be changed accordingly. B. Article IV - Mayor , Staff Agencies 1 . Section 4-3 is the section Mr. Carpenter used to appoint his new cabinet; you should consider the word "nomination for 16. Re-define/change appointment" or "acting" instead of "appoint- word "appoint- ment. " ! ment." Mr. Carpenter also sent in advance to 1 Council a list of names of the individuals he was planning to appoint . Chairman Bethea suggested giving the Council a reasonable time limit to confirm; if 7. Bethea: Limit that is not done, the appointee automatically Council time for becomes confirmed. Mr. Carpenter recommended a confirming 60-day limit; Mr . Greenwell felt that was too appointees. long a period. 431 C. Charter , Article V - Research & Development 1. Section 5-1 . 3 - Compensation. Needs to be changed in relation to Article III. 2. Sections 5-2. 2 and 2 . 3 - Corporation Counsel. Corporation Counsel does serve the administration and Council ; there is no conflict with the confirmation process there. He mentioned that Council now has two attorneys on their own staff. 3 . Section 5-2. 5 - Special counsel . [See also page 430 ] Discussion took place on whether or not the Council should be able to appoint and fund an attorney of its own. Mr. Carpenter said if that were the case, Council attorney would be overriding the responsibility of the Corporation Counsel , the chief legal adviser of the County, because special counsel would not be subordinate to Corporation Counsel. Mr. Greenwell suggested a special counsel could be there merely in an advisory capacity. 4 . Chapters 2 , 3 , 4 and 5 . Corporation Counsel , Finance Department , Planning Depart- ment , and Research & Development Department are under the direction operation of the mayor ' s office, but the Council confirms them. Mr. Carpenter suggested that the Research & Development Department had the reputation of serving the mayor ' s office, but that was not the case. And presently, Council is considering removing the deputy director of the department . Finance is the department that needs a deputy director. D. Article VI - M.D. , Public Works , Parks , Fire 1. Chapters 2 , 3 and 4 . He suggested that Parks , Public Works and Fire no longer 8. Remove Parks, require confirmation because they are staff P.W. and Fire departments . from confirma- tion requirements. E. Article VII - Civil Service, Police, Liquor 1. Section 7-1 . 5 - Compensation. Needs to be changed in relation to Article II. 432 2. Chapters 2 and 3 ; Article VIII . Chairman Bethea suggested that the Departments of Police, Liquor and Water have inserted "under the supervision of the mayor" because they have commissions over them. Mr. Carpenter said Water is almost totally autonomous , except for super- 9. Leave Water under visory authority exercised by the mayor; if you mayor's supervi- remove that phrase from Water, the department sion. wouldn' t have to be accountable to anyone. Discussion ensued regarding the setting of water rates , bonding, and the Treasury as the ultimate responsible party. 3 . Dr. Juvik asked whether mayor ' s authority should be removed from the Police Department because of politics. Mr. Carpenter says they still must be involved in the budget process via administration. 4 . Section 7-2 . 3 - Department rules . This section should be revised so that the Police Commission becomes a policy-making body with investigative responsibilities ; you should 10. Make Police retain the section that says administration is Commission a not to interfere with Police ' s day-to-day policy-making body affairs . Mr. Carpenter suggested we review the with investiga- first Charter for wording and effectiveness . tive powers. 5 . Section 7-2. 4 . The Police Commission came up with the rule that you needed 2/3 majority to fire a police chief; whereas , the commission needs the bare majority to institute other changes . Mr. Carpenter reminded the Charter Commission that commissions cannot develop their own rules. 5. Chairman Bethea questioned whether the Police Commission should be required to submit a written statement of reasons for firing a chief. Mr. Carpenter commented that any commission would have a basis for their actions. 6. Dr. Juvik questioned Mr. Carpenter regarding police officers being involved in any form of political activity. Mr. Carpenter reminded the Charter Commission that Chief Vierra was put into his present position based on political appointment; but he had no suggestion to make regarding impairing political involvement of police officers in campaigns. 433 F. Article VIII - Water 1 . [See above comments for Article VII. ] 2 . Ms . Duncan referred to the Water Department being most important where development is concerned, its semi-autonomousness , and how Water works with the rest of the County. Mr. Carpenter said the Water Department is the "driver" of all island developments; if water isn' t available, projects would not be built. Departmental relationships are good. G. Article IX - Prosecuting Attorney. 1 . This is an autonomous agency because he is an elected officer. Being his budget comes from the County' s funds , he still is answerable to the Council and administration. Mr. Carpenter agreed in principal that this position politically should be on a non-partisan basis . He reminded the group though that when heads of agencies approached the Legislature for funds , that they would be more likely to receive funds if they were partisan; that ' s the reason the partisan item remained in this Charter. Mr. Greenwell reminded the group that the partisan thing changes . H. Article X - Financial procedures 1 . Section 10-5 - Budget. Administration and Council spend months reviewing the operating budget and capital improvements budget . Mr. Carpenter referred to the last sentence: "The adopted operating budget shall be in effect on and after the first day of the fiscal year to which it applies , " and interpreted same to mean the adopted operating budget was then the res- ponsibility of the administration to carry out; and that Council did not have authority to make changes in it . 2. Whereas Section 10-6 says , last paragraph: "At any time during the fiscal year, the council , by ordinance adopted by the affirmative vote of at least two-thirds of the 11. Council should entire membership, may amend the capital budget not be allowed to for that year. " This is only mentioned under change an adopted budget. 434 the Council portion, not under Section 10-5. This needs to be cleared up; it ' s a dispute area between Council and administration. Council should not be able to change the operating budget later on. 3 . Section 10-8 , first sentence, does give Council an option to change the budget in case of (a) emergencies and (b) if additional revenues are available after the adoption of the budget . Mr. Carpenter feels in the latter 12. Whenadditional instance that the administration may "certify" funds are or recommend where those funds might go, i .e. in received, admin- the case of a short fall . istration should decide where they 4 . Discussion took place regarding go. "unencumbered funds" , which Mr. Carpenter said the media considered "surplus , " whereas it is not . 5. Section 10-9 , paragraph 2 - Appropria- tions . Mr. Carpenter supported the idea that administration has the right to transfer unencumbered funds within an agency or from agency to agency; he quoted: "The mayor may at 13. Re-define that any time during the fiscal year transfer part or may can transfer all of any unencumbered appropriation balance I funds within between classifications of expenditures or departments or programs within an agency or executive agency; within agencies. and if at any time the may so requests in writing, the council , by resolution effective immediately upon adoption, may transfer, part or all of any unencumbered appropriation balance from one agency or executive agency to another. " He interprets this to mean the mayor initiates it and it can be done without Council approval , but that Council needed to be advised. This language needs cleaning up. 6 . Section 10-11. Chairman Bethea said part of the previously mentioned conflict is based on this section also, which needs clarifying. Mr. Carpenter pointed to one sentence that says if you incur an obligation which has not been appropriated, that is cause for dismissal , reminding the Charter Commission that everyone is going to take that seriously. 7. Section 10-14 - Centralized purchasing. He suggested raising the bidding 435 amount from $4 , 000 to $10 , 000 for informal 14. Raise informal bids . bid amount to $10,000. I. Article XI - Initiative and referendum 1. Section 11-2 - Powers. This ought to 15. Reinstate Art. be reinstated verbatim because of its relevancy XI; include to financial matters/decisions. zoning matters. Chairman Bethea asked whether zoning should be subject to initiative; Mr . Carpenter salt that ifgovernmenttakes property through down- zoning, there should be compensation. Mr. Carpenter thought 15% was reasonable; that if you go below that percentage, definitely reinstate the language of 11-2. 16. Initiative/refer- With regard to petitions and sub- endum: petition mission of names , Mr. Carpenter suggested the names should have names not be cumulative throughout various required number years; a time frame needs to be identified. of names and cut- off date. J. Article XIII - General 1 . Section 13 . 3 - Confirmation, qualification, appointment. Since beginning of office, unclear on interpretations of these 17. Re-define: "con- three words. Confirmation especially wasn' t firmation," addressed. Mayor had to use prerogative of not "qualification," waiting for Council toconfirm, but to appoint and "appointment." the new department heads himself. Mr. Carpenter based this on the new department heads ' offices being co-terminous with his and his knowledge that they were qualified. The section needs to be clarified by the Charter Commission and the word "confirmation" needs to be inserted some- where. Dr. Juvik suggested minimum qualifications should be inserted into the Charter; and Mr. Carpenter agreed. Mr. Carpenter did modify his statement to include that Public Works ' chief engineer did not need to be a licensed professional engineer , but needed more administrative experience. 2. Section 13-4 - Boards and commissions. Items (c) , (d) and (e) all relate to unexpired terms; Mr. Carpenter felt the old appointees having to fill the position for three months 436 until the new appointments were made might be an 18. Limit how long inconvenience to old officers. He suggested a old appointees 6-month period might be appropriate. stay. 3 . Section 13-5 . Council had told Mr. Carpenter that , in the above instance, he did not have any authority to swear appointees in. 19. Appointees need This section says the appointees had to- be sworn to be sworn in in before taking up their duties and someone had immediately. to do it , so he accepted the responsibility. He realized that if the Council did not confirm the appointees , then he would be required to bring replacements in. 4 . Section 13-7 - Rules. This has ?0. Sec. 13-7: change already been modified by an opinion from I language. Corporation Counsel to effect that Council no longer "approves" . This language was not upheld by the Supreme Court ; so the language merely needs to be updated. 5. Section 13-8 changes were previously discussed. 6 . Section 13-13 - Contracts. Council :21. Make clear that felt in some instances that the terms of mayor is contract- contracts should have their approval . - And (b) ing officer. is the only instance in which this should happen. This section also does not say who the contracting officer is; it is the mayor. Mr . Greenwell felt administration should do the negotiating; but if information was revealed that was questionable, the Council should be allowed to see the contract within so many days. K. Article 14 - Ethics 1 . Mr. Carpenter feels that all commissioners should vote on issues that come ?2. Define when before them unless there is conflict. Someone commissioners needs to determine when that conflict should should be allowed allow an individual to abstain. ' to abstain from voting. 437 L. Article 16 - Transitional 1 . Section 16-10 - H.R.A. This department should be acknowledged , its purpose, 23. Acknowledge/ and that the Council may or may not implement I define H.R.A. this activity. It is subject to H.R. S. conditions. M. Miscellaneous: 1. Strong-mayor, strong-Council govern- ment. Charter is a co-equal share of respon- sibilities between executive branch and Council , with the executive branch controlling the day- to-day operations . Even the mayor ' s veto power can be overridden by the Council . The system works; the Charter works but needs clarifica- tion. 2. Organizational chart. Should consider adding one to the Charter. In one existed showing confirmation requirements . 3 . The Deputy Managing Director is not 24. Include Deputy mentioned here and should be acknowledged. He 1 Managing Director. takes charge in the absence of the managing director. The position was created by . the- policy-making body, originally. 4. Deputy Directors . Chairman Bethea noted that these positions were not spelled out in the Charter , except for Water Department. 5_ Quorum. The relationship_between the emergency ordinance provision of Sec. 10-8 to the Council quorum-was questioned by Mr. `Greenwell; Mr. Carpenter's opinion was that_the intent was to allow the Council to pass emergency ordinances when a normal quorum did not exist. 6 . High campaign costs was questioned by Dr. Juvik. Mr. Carpenter said the money stays on the island and/or contributes to the economy of Hawaii and provides jobs; he also reminded everyone that there is a law setting a spending and/or donation ceiling. No promises in return for contributions given. VII. GENERAL A. The Rules of Procedure will be adopted at the next meeting. 438 B. Discussion took place on whether the commission should publish newspaper ads to solicit responses from the public now. VIII . SET NEXT MEETING The next meeting will be at 2: 00 p.m. in the County Councilroom on Thursday, June 29th. IX. ADJOURNMENT The meeting was adjourned at 6: 52 p.m. Respectfully submitted, IP C)?: R. Marie Jaco '!' Secretary/Administrative Asst. � I 439 I � I Bernard K.Akana Mayor Richard I.Miyamoto Corporation Counsel Y OF N ••`�+••.- ••.w''; Steven Christensen ,_-' .; Office of the Corporation Counsel Assistant Corporation Counsel Hilo Lagoon Centre • 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720 • (808) 961-8251 l,F OF NF`it;- II June 7, 1989 MEMO TO: Mr. Robert E. Bethea, Chairman and Members of the Charter Commission FROM Corporation Counsel . SUBJECT: Organization and Functions of the Department of The Corporation Counsel, and Recommendations ORGANIZATION The department, comprised of 14 attorneys and 20 support personnel, is functionally divided into four (4) divisions . The organizational chart is attached as Exhibit A. The FY 1988-89 budget for the department is $1,436, 741. The Corporation Counsel and the Assistant Corporation Counsel manage , the department to carry out the function of being the legal counselors of the executive and legislative branches of the county government and to represent the county in all litigation involving the county. The Private Secretary and the Senior Account Clerk provide the administrative support of the department . They perform fiscal, budgetary, personnel, procurement, inventory-taking, and other functions, under the supervision of the Corporation Counsel . FUNCTIONS Advisory Division Advisory division, consisting of five lawyers, is headed by a supervising Deputy Corporation Counsel . The deputies assigned to this division render advisory opinions to the executive and legislative branch officers upon request, give direct counseling to the department and agency heads to which the deputy is assigned (see Exhibit B for assignments) , draft ordinances and resolutions, review ATTACHMENT A 440 all legislative documents drafted by other departments, review all legal documents to which the county is a party, attend public meetings of boards and commissions and lend advice when requested. Litigation Division The Assistant Corporation Counsel supervises the litigation staff of three attorneys and the Claims and Collections branch staffed by the Claims Investigator-Adjuster. This division initiates suits on behalf of the county and defends suits which are brought against the county and its officials . It also undertakes administrative and judicial appeals, responds to bankruptcy proceedings in which the county is interested, and seeks title to land by eminent domain proceedings or by negotiation. The Claims and Collections branch reviews and investigates claims made against the county, initiates subrogation actions, and assists the county departments in their collection efforts . Family Support Division This division, comprised of Hilo and Kona offices, is headed by a supervising Deputy Corporation Counsel . It is staffed by four attorneys and 12 support personnel . The functions of this division are to represent the State' s Child Support Enforcement Agency in paternity actions, and to establish and/or pursue support enforcement under the Uniform Reciprocal Enforcement of Support Act (URESA) and through local family court actions . Stenographic Division This division is headed by a Senior Legal Stenographer who supervises six (6) Legal Stenographers . This division processes and distributes all incoming communications, types all documents in finished form, processes all outgoing documents, maintains files, records and retrieves data using the word processing system and maintains a tickler system for efficient processing of all requests for legal assistance. RECOMMENDATIONS 1. That Chapter 2 (Corporation Counsel) of Article V (Executive Branch - The Mayor and Staff Agencies) be amended by deleting Section 5-2 . 6 (Term of Office) which prevents the Corporation Counsel from taking office with the rest of the department heads at the beginning of the term. By deleting the section, it achieves uniformity through Section 13-8 (Term of Office of Department Heads) of the charter. -2- 441 2 . That new Section 5-2 . 6 (Service of Legal Process) be added which provides : Legal process against the county shall be served upon the corporation counsel or any of the deputies . 3 . That Section 5-2 . 5 (Special Counsel) be amended by adding a new sentence at the end of the paragraph to read: Any special counsel appointed under this section shall be a subordinate of the corporation counsel. r CV- RICHARD I . MIYAMOTO Enclosures RIM: jc -3- 442 Exhibit A ' OFFICE OF THE CORPORATION COUNSEL -P. COUNTY OF HAWAII w ! ! ! ADMINISTRATIVE STAFF !RICHARD I . MIYAMOTO, ESQ. ! ! ! ! CORPORATION COUNSEL ! !Joan Carnett ! ! ! ! Private Secretary !STEVEN CHRISTENSEN, ESQ. ! ! ! ASS'T. CORPORATION ! !Wendy Maeda ! COUNSEL ! ! Sr. Account Clerk . 1 1 1 . 1 1 ! ! ! . 1 ! ! ! ADVISORY DIVISION ! LITIGATION DIVISION ! FAMILY SUPPORT DIVISION ! STENOGRAPHIC DIVISION ! . ! ! ! ! !P. O'Toole, Esa. .Chief IS. Christensen, Esq. , Chief ! Geraldine Hasegawa, Esa. , Chief !Dolores Shimabuku, Chief! ! ! ! HILO I KONA ! (Sr. Legal Steno. ) ! !Deputies !Deputies !Deputies !Deputy ! ! ! Gerald Takase, Esq. ! Michael Dabney, Esq. ! B.L-Todd, Esq. ! K. Yamanaka, Esq. !Legal Stenographers . ! Aaron Chung, Esq. ! Joseph Kamelamela, Esq. ! B.Withington,Esq. ! ! Helen Canario ! ! Fred Giannini, Esq. 1 Anson Lee, Esq. ! ! ! Myra Ochi ! ! Glenn Shiigi, Esq. ! !Para-Legal Ass't !Para-Legal Asst ! Junette Nakamura ! CLAIMS & COLLECTION ! Jo Ann Loa ! Claudia Chang ! Marla Toma BRANCH 1 Joy Ayala ! ! Jean Kuroyama ! !Claims Investigator-Adjuster! ! ! Vacant ! Kenneth Enoki !Sr. Legal Steno ! 1 1 ! ! Beatrice Ballo ! ! ! ! !Legal Steno !Legal Steno ! Cathy Hall ! Carol Nakashima ! de Ette Fukamizu 1 ! ! ! !Clerk Steno !Clerk Steno Mabel Iopa ! Vacant ! ! Jewelle Imai ! ! Vacant . ! ! 1 ! !Clerk Typist ! . ! Joyce Mitsumori ! ! ! 1 1 Effective: 6/1/89 (0033) Exhibit 'B `Effective: 2/1/89 OFFICE OF THE CORPORATION COUNSEL COUNSELING/ADMINISTRATIVE ASSIGNMENTS MIYAMOTO (Christensen) CHRISTENSEN Mayor/Cabinet Meetings Chief, Litigation Division Council/Committee Hearings Chairman, Library Committee Planning Commission Hearings CLE Risk Management O'TOOLE Chief, Advisory Division Legislation CHUNG (Shiigi, Giannini, Takase) SHIIGI (Chung, Takase, Giannini) Departments Departments Public Works Parks & Recreation Police Research & Development Water Supply Liquor Control Water Commission HRA Safety Coordinator Fire Workers ' Compensation Civil Defense Office of Aging Housing & Community Development Agencies/Subjects Mass Transit Committee on Handicapped Agencies/Subjects Improvement Districts Committee on Status of Women, Traffic Code Amendments Arborist Advisory Commission Dedication Deeds Committee on Children & Youth Appellate Panel Collections Fire Appeals Board Appellate Panel Board of Appeals GIANNINI (Takase, Chung, Shiigi) TAKASE (Giannini, Chung, Shiigi) Departments Departments Planning Finance Coastal Zone Management Real Property Tax Kailua Village Special District Pension Board Design Commission Transportation Commission Prosecuting Attorney Civil Service Agencies/Subjects Civil Service Commission Highway Safety Council Collective Bargaining Land Use Commission (State) Agencies/Subjects EEOC Board of Ethics Liquor Commission Police Commission 444 Appellate Panel Liquor Adjudication Board Board of Review Y 4141 1•7- 1p a..2 (47-177 l�� -� t�� WV-1 "j �7z s1-61-Rdefle-242 C721'&614" 'Loi2e-res '7ged 7 7 -d- tD S�i�i 7,hMARJ A r 7/G 0,�a a's' :42,-7(7 1 r �� •�,r,a� -4Q — •_20/. 0 //vu-ce-iO' ' ;�- "W;' /11Pn9/?' - Id- - • 7'7C d7� • z • -- ' �. fir ."11-LA / • yele r7 d o 44"-6"--144 1f ) i/4(J�'' Nl-f5/►- k1 ,.fi. 1tirL�,GJ ', 77-0 nV ezz•S meq' c '/ " L �i'Or/ CO 2 :f') - a 4#- a® 'i - o >--d C6::11D? 1 , N-676+ Aced zAa /1•P C1(70' - 77/ - • /w4'Vt,%bf 7P/77 ,A'/ lvO,SS('4'11'02 A7/-(y7-fry - G' ' 'A'lvo-P , -7. /)/1"10 5-"P'2,91 Ata - r ">o - P'o - - h T=.11/\- 1, - . ) c ) -14,s - 1 It) J.-C. 1k-0-kr-A '''�1 rt n -- z ? ted dv, , /v w 9,or/0, -?..,-31-4-v . v0,n-6.76''7 _ / 7 iii Qo7'S /Yeez-e(,5/!- N (ticen� D,h�Cl z o,r7 v/ czL 9 17 17 Z - - .Lci-a = rid (1,P v nzl'3C1d $ / '-L ',..S .- -"yrSS �-- s I17 a'© 1cW .77-‘ --77VL-17-0 rN n.rzry ovi7 . �,t9 — 4 -g7i 0/ dO :LC 1120 re,P..a"{1'14W '440-71"''° .�.. ,,,, ► f 5 .- n, Lo,y : ye, "ip _ - 5-2tzei,1 1" 071/ -2/GP Jd-® ).12-14147-11-0 v',,+•-rte ya),. ,P'67 "A-We) iv/ J _3 • 44.77GL.L' U/J -Co A/r. cAi4--,4rz,e 3 /..)n,a-C- a .0 -7!7T 0,e- L/ 4.uoie„ C_w7 o L p c 277 c- -_ V/// ___0" c?...- 0 J pi•6}-49- /Z s'e-',/ c_y, CC © syp/7 S k °7 a 44" . :i C _/#1.764° 72J ,.) 41". ---. _>. ,,_ /}-ir724v.e--i ,0v4 Lie-vk 6/7-4-ye /41 cue's r .. ., , •)11 1 .0- 95— ;5N.' ie--e-r-d-A_, 'e-ic• /-1 —7 Izekd .4 -e_7 .-t.,s_l__"---:4,c,ft;i- I' ,9-/L7-. 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' ✓ , I 14:7-- --4,,,, -19 'y!-L57 s-� ►14.-:4OD -'y /7-4111-5 -s v41)4 /-1 cl-FQ aid • 27-,17/ r1. 9- I/ • 74eD • A".'4a2/7 / - 1"°."-66 /25``4 `, el/ t°7 7i. ,t- '-°4-4-'.1/2 • 27,, 0 10 ---t-/-z-Pa — s El • v-y�t n� • -3— e,s Co al 5 :77 T74 TI d GcJ / 774. . GL/C' i I 1-14 cp-Vt,e&C - /./-t c-zir- re.)2,c7 €7 La fe.-Kie - li dG/� w c3 p .- .,�,0 2 — A-f--t6 07/14/-14'spAr 071 ---rsa--12-$ c).414.-/J 6)p op7Ptz) kA.-D 1 6- 450 Bernard K.Akana Mayor 4oJNSY`oc Nqq''' .. Gordon H.Nobriga ° Hawaii Redevelopment Agency Manager 1/r 35 Wailuku Drive • Hilo,Hawaii 96720 • (808) 935-9923 SpgrE•OF•NP�P>' i June 27 , 1989 Mr. Robert E. Bethea, Chairman and Members of the Charter Commission 101 Aupuni Street, Suite 235 Hilo, HI 96720 Dear Mr. Bethea and Commission members : The Hawaii Redevelopment Agency was created on May 31, 1960 by Resolution No. 458 of the Hawaii County Board of Super- visors in the aftermath of the May 23rd tsunami . The Agency' s purpose was to assist with the Kaiko' o project. Upon completion of the project, the Agency was placed on an inactive status in 1971 with residual Federal funds of $274, 000 . The Hawaii Redevelopment Agency was reactivated on March ® 5, 1980 by Resolution No. 563 of the Hawaii County Council as allowed by Section 53-2 (a) , Hawaii Revised Statutes (HRS) . The HRA is a County agency and a public body. The resolution requested the Agency to prepare a plan for the economic revital- ization of downtown Hilo. In July, 1980, the County Planning Commission determined that downtown Hilo, Pu' u' eo and a portion of Kuku' au were "blighted areas" which allowed the Agency to proceed with surveys, studies and plans for the area. The residual 1960 Federal funds had now grown to $479 , 000 resulting in a semi-autonomous status for the Agency. In July 1982, the Agency engaged the services of Belt, Collins & Associates to develop a plan for revitalization of the "blighted areas" . The product of much study, research and public input was the Downtown Hilo Redevelopment Plan (DHRP) . The DHRP was submitted to the County Planning Commis- sion and following further study, review and a public hearing it was approved by the Commission in September 1983 and for- warded to the County Council. The DHRP was approved by Council Resolution No. 59-85 on June 5 , 1985 . Concurrent with the adoption of the plan establishing the public sector' s revital- ization effort, the Agency was instrumental in bringing the Main Street Program to Hilo in 1985 . Main Street is a program of the National Trust for Historic Preservation and is the private sector' s revitalization effort. ® 450.1 :.��,;1«.:,;'., Mr. Robert E. Bethea, Chairman 1111 and Members of the Charter Commission June 27 , 1989 Page Two In July 1987 , the Agency adopted Rule 6 , "Downtown Hilo Urban Design Rules" . The purpose of Rule 6 is to provide detailed design guidelines in order to preserve downtown Hilo ' s character and provide for its protection and enhancement. The DHRP and Rule 6 are the key documents forming the basis for redevelopment activity review by the Agency. Expenses during the over seven year period since reactiva- tion involved $160 , 000 for development of the DHRP plus annual operating costs . The Federal funds were exhausted during fiscal year 1987-88 and the County subsidized 60% of the Agency' s operating expense. In fiscal year 1988-89, the County funded the Agency' s operating budget in its entirety. Construction of the Armory parking lots was completed in May 1988, the HRA' s only major project to-date, which was financed by $193 ,200 of County capital funds . Financial assistance of a redevel- opment agency by a County is permitted by Section 53-15 , HRS. Annual requests to the State for operating and capital funds since 1982 were unsuccessful until the 1989 legislature. An ® appropriation of $65, 000 to the HRA was passed during the ses- sion for a downtown project. AGENCY MEMBERS The Hawaii Redevelopment Agency consists of five members appointed by the Mayor with approval of the County Council. The members are outstanding, public-spirited citizens who have resided in the County for at least three years preceding their appointment. Each member serves a term of five years . The members hold monthly public meetings to conduct the Agency' s business. The powers and duties of the Agency are stated in Section 53-5 , HRS. These include the preparation and implemen- tation of a redevelopment plan; make, amend, repeal rules and regulations ; assure the availability of satisfactory housing facilities for individuals and families displaced by a redevel- opment project; acquire private property by negotiated purchase or condemnation of either private or public property for redevelopment purposes; operate a central relocation office for families, individuals or businesses displaced and to make relocation payments; assist, cooperate with other local agencies in carrying out its duties . The Agency also reviews and approves activities taking place in those areas under the Amended Urban Renewal Plan for the Kaiko' o Project, June 25 , 1965, the provisions of which are applicable until the year W 2000 . 450. 2 Mr. Robert E. Bethea, Chairman ' and Members of the Charter Commission June 27, 1989 Page Three STAFF The Agency members are supported by a staff of two. The manager is appointed by the members, serving at their pleasure. The primary responsibility of the manager is to administer the affairs of the Agency subject to the direction and approval of the members . The secretary is appointed by the manager subject to approval of the Agency members . Both staff members are exempt employees although the secretary has a Civil Service classification and negotiated wage rates are applicable. By design, the scope of redevelopment activity is limited to a specific area deemed to be deserving of special attention. In the case of the HRA, the area delineated in the DHRP contains 256 acres in comparison with Hawaii County' s 2 . 5 million acres . The duration of the Agency is dependent upon implementation of those projects in the DHRP ( Section 53-5 (1 ) , HRS) , therefore, it is not a permanent County organization. The Agency does receive advice and assistance from the County departments of Finance, Planning, Public Works as well as the Office of the S Corporation Counsel. Office facilities at the Hilo Armory are provided by the Department of Parks and Recreation. The opportunity to present information on the Hawaii Rede- velopment Agency to the Charter Commission is appreciated. Very truly yours, GORDON H. NOBRIGA Manager GHN/dd • 450.3