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HomeMy WebLinkAboutMIN CHC 1990-06-01 • Minutes of HAWAII COUNTY CHARTER COMMISSION June 1, 1990 I. CALL TO ORDER Chairman Bethea called the meeting to order at approximately 9 : 05 a.m. at the Hawaii State Library Conference Room, Kamuela, Hawaii. II. ROLL CALL Members Robert E. Bethea, Chairman Present: Sherwood Greenwell, Vice Chairman Pamela F. Cushnie Francine Duncan David Fuertes H. Peter L'Orange Steven T. Nishikawa Aileen Lum Patricia Poppe Attorney: Christopher J. Yuen • Members Akira T. Omonaka Absent: James O. Juvik III. APPROVAL OF MINUTES Approval of the May 14 , 1990 minutes was deferred. IV. PUBLIC TESTIMONY Don Jacobs, president of the Puna Community Council, and Ron Phillips, past president of the Puna Community Council, presented testimony in favor of the adoption of a system of neighborhood boards. They submitted a written proposal adapted from the Charter of the City and County of Honolulu. Jacobs also testified in favor of initiative and referendum, but suggested that only 60-90 days be allowed for the commencement of a petition to change zoning after Council action. Public testimony was closed at 10: 05 a.m. V. INITIATIVE AND REFERENDUM Motion No. 1: Poppe moved that the changes to initiative and referendum be submitted to the voters as three 605 • separate ballot questions: (1) limitation on fiscal and tax matters; (2) limitation on zoning and planning; and (3) other procedural changes. Motion was seconded by L'Orange. All were in favor except Cushnie, and the motion was carried. (Mr. Nishikawa left. ) Motion No. 2 : Poppe moved to allow signatures on initiative petitions to be valid if obtained within 2 1/2 years of the general election. All were in favor and the motion carried. Motion No. 3 : Greenwell moved for adoption of all language contained in Attachment "A" of Yuen's May 23 , 1990 letter (except for the deadlines covered in the previous motion) . Poppe seconded. All were in favor and the motion was carried. A discussion followed on ballot language for initiative and referendum and the proposal for a committee to draft the ballot language. Counsel was requested to review the California statute concerning initiative and referendum. VI. BOARD OF ETHICS 411 After discussion of the County Council proposal on the Board of Ethics, this item was deferred to the next meeting. Cushnie questioned whether the provision for "staggered terms" in Attachment "D" of Yuen's May 23 , 1990 letter referred only to the four new members of the board of ethics. Yuen replied that this was the intent. L'Orange requested that the issue of changing all present nine-member boards to conform to single-member council districts be placed on the agenda for the next meeting. VII. COUNCIL CONTRACTS Motion No. 4 : L'Orange moved not to recommend expanding the Council's power to enter into contracts. Greenwell seconded. All were in favor of the motion and the motion carried. L'Orange suggested that a letter be sent to Councilwoman Hale responding to her letter of March 15, 1990. • -2- 10-4 VIII. ELECTION PROCEDURES IN CASE OF VACANCIES • Motion No. 5: L'Orange moved to adopt the language in Attachment "B" of Yuen's letter of May 23 , 1990 re council and mayoral vacancies at or near the deadline for filing. Cushnie seconded the motion. All were in favor and the motion carried. IX. COUNCIL ACTION Counsel explained that there was potential ambiguity in the Charter if the number of councilmembers was reduced to seven or fewer because of vacancies. The Charter requires affirmative action to be taken by an affirmative vote of the "entire membership. " (§3-8) Other actions required a two-thirds vote of the entire membership (see §3-12 , §3- 13) . If there are only seven councilmembers, does the vote of only four members constitute a majority of the entire membership, or are five votes still required? Motion No. 6: Greenwell moved to require a vote of "the entire membership to which it is entitled, " that is, a majority would always require five votes and two-thirds would always be six votes. Cushnie seconded. All were in favor and the motion was carried. • X. TAX BOARD OF REVIEW Deferred until next meeting. XI. NEIGHBORHOOD BOARDS Motion No. 7. L'Orange moved to have this matter be the subject of County Council action, not Charter Commission action. Duncan seconded the motion. All were in favor and the motion was carried. XII. REVIEW AND FUTURE WORK Counsel explained that the attachments to his May 30, 1990 letter contained final language for all amendments approved by the commission through the May 14, 1990 meeting. The Commission discussed remaining issues. Counsel was directed to prepare the "digest" of proposed amendments contemplated by the Charter. All agreed that the digest should be an objective summary of the proposals, but should not contain arguments for or against the proposals. -3- �0� Counsel also described four amendments which are being !II considered by the County Council for inclusion. Two of them (both on budget issues) are in conflict with the Charter Commission's proposals. XIII. FUTURE MEETINGS Further meetings were tentatively set for June 22 , 1990 at 9 : 00 a.m. in Hilo, July 11, 1990 at 9 : 00 a.m. in Waimea, and July 25, 1990 at 9 : 00 a.m. in Hilo. XIV. ADJOURNMENT Chairman Bethea adjourned the meeting at approximately 12 : 00 p.m. Respectfully submitted, ISTQL 7ER 1. YUEN Christopher J. Yuen Counsel for Commission -4- qog