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Home My WebLink AboutAGE CHA 2018-11-09 - ACTIONSDouglass Shipman Adams Chairperson Jennifer Zelko-Schlueter Vice Chairperson 5th Session 2018-2020 HAWAII COUNTY CHARTER COMMISSION MEETING AGENDA 1:30 P.M. November 9, 2018 West Hawaii Civic Center 75-5044 Ane Keohokalole Highway Building A, Kailua-Kona, Hawaii, ORDER OF BUSINESS William Carthage Bergin Michelle Galimba Paul K. Hamano Kevin D. Hopkins Bobby Jean Leithead Todd Sarah H. Rice Christopher John Imiloa Roehrig Marcia A.K. Saquing Donna Mae Springer ROLL CALL STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS APPROVAL OF MINUTES October 12, 2018 - Regular Meeting Minutes Minutes Approved: 8 ayes; 3 absent (Bergin, Hopkins, Saquing) COMMUNICATIONS 1. Comm. No. 1.7.1: from Corporation Counsel, Joseph Kamelamela, submitting a proposed amendment to Section 7-4.3(a), Relating to the Fire Chief 2. Comm. No. 1.9: from Corporation Counsel, Joseph Kamelamela, requesting amendments to Section 6-5.2; Qualifications for the Corporation Counsel 3. Comm. No. 7.6: Response to request for proposed amendments/recommendations — Public Access, Open Space, and Natural Resources Preservation Commission 4. Comm. No. 7.7: Response to request for proposed amendments/recommendations — Leeward Planning Commission Hawai `i County is an Equal Opportunity Provider and Employer 2018-2020 Charter Commission — 5 Page 2 November 9, 2018 5. Comm. No. 15: Discussion - Articles I -XVI of Hawai`i County Charter (2016 Edition) 6. Comm. No. 16: Table of Charter Sections Affected by Requested Language Changes; from Legislative Specialist Leslie Chow UNFINISHED BUSINESS 1. Comm. No. 3: Formation of Ad Hoc Committees The Commission may establish one or more Ad Hoc Committees to investigate matters within its prescribed duties that have been disclosed on the agenda, made available for public testimony, and deliberated upon by the commission. Any such formation will require that the scope of the investigation and each member's authority be clearly defined, and membership be limited to no less than two and no more than five commissioners. 2. Comm. No. 14: Transmitting CA -2 for Initial Approval; Proposal to amend Section 3-7 to provide that the County Council hold an equal number of its regular meetings in East and West Hawai`i within each calendar year, as submitted by Chair Adams. Postponed: October 26, 2018 Amended to Draft 2 and passed for First Reading: 8 ayes; 3 absent (Bergin, Hopkins, Saquing) NEW BUSINESS 1. Comm. No. 13.1: Transmitting CA -1, Draft 2, for First Reading; Proposal to amend various sections of the Charter to rephrase language related to district residency requirements, as submitted by Chair Adams. Amended to Draft 3 and passed for Second Reading: 8 Ayes; 3 Absent (Bergin, Hopkins, Saquing) *To be held without further action until conclusion of required public hearings 2. Comm. No. 17: Transmitting CA -3 for Initial Approval; Proposal to add a new section to the County Charter to establish a Climate Change and Resiliency Commission and a new section relating to Greenhouse Gas Emissions Reporting and Reduction; as submitted by Commissioner Galimba. Postponed to Dec. 14, 2018: 8 ayes; 3 absent (Bergin, Hopkins, Saquing) 2018-2020 Charter Commission — 5 Page 3 November 9, 2018 3. Comm. No. 18: Transmitting CA -4 for Initial Approval; Proposal to amend Section 6-8.3, Relating to the Powers, Duties, and Functions of the Director of the Department of Research and Development, as submitted by Commissioner Galimba. Postponed to Dec. 14, 2018: 7 ayes; 1 no (Adams); and 3 absent (Bergin, Hopkins, Saquing) 4. Comm. No. 19: Transmitting CA -5 for Initial Approval; Proposal to change each instance of "legislative auditor" to "county auditor" as appearing in Section 3-18, as submitted by Commissioner Saquing. Postponed to Dec. 14, 2018: 7 ayes and 4 absent (Bergin, Hopkins, Saquing, Zelko-Schlueter) 5. Comm. No. 20: Transmitting CA -6 for Initial Approval; Proposal to expressly authorize the Police Commission the authority to discipline the Chief of Police (Section 7-2.3) and the Fire Commission the authority to discipline the Fire Chief (Section 7-4.3), as submitted by Commissioner Saquing. Postponed to Dec. 14, 2018: 7 ayes and 4 absent (Bergin, Hopkins, Saquing, Zelko-Schlueter) 6. Comm. No. 21: Transmitting CA -7 for Initial Approval; Proposal to amend Section 10-15 and Section 10-16, by repealing and replacing provisions for the Public Access, Open Space, and Natural Resources Preservation Fund and Maintenance Fund, respectively, as submitted by Commissioner Hamano Postponed to Dec. 14, 2018: 6 ayes and 5 absent (Bergin, Hopkins, Leithead-Todd, Saquing, Zelko-Schlueter) REPORTS 1. Comm. No. 3.1.1: Ad Hoc Committee Report — Section 10-15 and Section 10- 16; Public Access, Open Space, and Natural Resources Preservation Fund and Maintenance Fund; Findings and Recommendations; as submitted by Commissioners Roehrig (Chair), Hamano, Springer, and Zelko-Schlueter. Close and File Report: 7 ayes and 4 absent (Bergin, Hopkins, Saquing, Zelko-Schlueter) 2018-2020 Charter Commission — 5 Page 4 November 9, 2018 2. Comm. No. 3.2.1: Ad Hoc Committee Report — Section 3-2; Composition and Terms of Council Members; Findings and Recommendations; as submitted by Commissioners Rice (Chair), Bergin, Hopkins, and Leithead Todd. Held for Discussion at Dec. 14, 2018, meeting pursuant to Hawaii Revised Statutes, Section 92-2.5(1)(c) REFERRALS FOR EXECUTIVE SESSION None The Charter Commission anticipates convening an executive meeting regarding the above matters, pursuant to Section 92-5(a)(4) of the Hawai`i Revised Statutes, for the purpose of consulting with the Commission's attorney on questions and issues pertaining to the Commission' s powers, duties, privileges, immunities, and liabilities. A two-thirds vote of the members present is necessary to hold an executive meeting; provided the affirmative vote constitutes a majority of the members to which the board is entitled, pursuant to Section 92-4 of the Hawai`i Revised Statutes, and Rule I(d) of the 2018-2020 Hawai`i County Charter Commission Rules of Procedure. AGENDA ITEMS FOR NEXT REGULARLY SCHEDULED MEETING 1. Suggestions from Commissioners on future agenda items ANNOUNCEMENTS 1. Next regular meeting (subject to change) DATE: Friday, December 14, 2018 TIME: 1:30 p.m. PLACE: Hilo Council Chambers, 25 Aupuni St., Room 1401, Hilo, Hawai`i ADJOURNMENT The meeting adjourned at 5:31 p.m.: 6 ayes and 5 absent (Bergin, Hopkins, Leithead- Todd, Saquing, Zelko-Schlueter) The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by November 7, 2018. Relay users please call 711(961-8255) to contact our office. Public testimony via courtesy site is available at the Hilo Council Chambers, Hawai`i County Building; 25 Aupuni St., Room 1401, Hilo, Hawai`i. If for technical or other unanticipated reasons the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. 2018-2020 Charter Commission — 5 Page 5 November 9, 2018 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 Shannon Magnuson, Office of the County Clerk, 25 Aupuni Street, Room 1402, Hilo, Hawai`i 96720; or (2) by e-mail to charter.commission ,,hawaiicounty.gov. 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 made a part of the public record. NOTICE TO LOBBYISTS If you are a lobbyist, you must register with the Hawai`i County Clerk within five days of becoming a lobbyist (Article 15, Section 2-91.3(b), Hawai`i County Code). A lobbyist means "any individual engaged for pay or other consideration who 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), Hawai`i County Code.) Registration forms and expenditure report documents are available at the Office of the County Clerk -Council, 25 Aupuni Street, Hilo, Hawai`i 96720. BOARD PACKET Pursuant to Hawai`i Revised Statutes, Section 92-7.5, the board packet provided to members of the Hawai`i County Charter Commission for this meeting is available for public inspection during regular business hours at the Office of the County Clerk, 25 Aupuni St., Room 1402, Hilo, Hawai`i, 96720.