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HomeMy WebLinkAboutComm No 0003.01.38 - Information - Finance Dept - Ad Hoc - PONC fund and Maintenance fundHarry Kim Mayor County of Hawaii Finance Department 25 Aupuni Street, Suite 1101 • Hilo, Hawaii 96720 (808) 961-8234 • Fax (808) 961-8248 December 10, 2018 TO : Douglass Adams, Chairman Charter Commission FROM: Deanna SaktDirector of Finance Department of Finance RE Deanna S. Sako Director Nancy Crawford Deputy Director Hamana Ventura Property Manager Kauai's and Maui's Amendments to the Open Space Charter Changes passed on November 6, 2018. COPIES/ITEMS DATE DESCRIPTION 1 1 1 August 28, 2018 November 6, 2018 July 6, 2018 Kauai's Proppsed consisting of 11 County of Kauai, Charter Changes County of Maui, Adoption Charter Amendments pages General Election of Resol. 18-126 TRANSMITTED FOR: Information and Files 0 Signature and Return 0 Signature and Forwarding as Noted Below Pursuant to Your Request El Approval 0 Review and Comments See Remarks Below 11 Filing and Return (Envelope Enclosed) REMARKS: As requested, information attached for your upcoming meeting. Enclosures ilawari County is an equal opportunity provider and einployeK Comm. No. 3.1.38 PROPOSED CHARTER AMENDMENTS 2018 CH • ' TER REVIEW COMMISSION August 28, 2018 Charter Review Commission — August 28, 2018 2 1. Proposed Charter Defender Charter u endment. endment to remove Article IX relating to the Public Article IX of the Kaua`i County Charter is amended to read as follows: ..0, 1.! ' .• z ; • : : : • : - • - • go'' : • • 0^ : .2. • 2 • ' • Note: Charter material to be repealed is bracketed and stricken. New charter material is underscored. Ballot Question: Shall the Charter be amended by repe by the State? 2. Proposed Ch ter Power Authority Charter Article ' et 11411 icle IX, Public Defender, as this function is already provided endment to remove Article endment. of the Kaua`i County Charter is amended to read as follows: . ! - e !, ** relating to the Electric authority corporation for thc county, which ohall be a body corporate, and °hall be rcoponoible for the z:.• . • - • no ordinanceo ohall be enacted and no adminiotrative rules ohall bc adopted, which either cxprcooly or by • .1.. • : " Notwithotanding any provioion in thc charter to thc contrary, thc council may by ordinance enact Charter Review Commission —August 28, 2018 3 Thc board shall havc and may cxcrcioe all righto, powcro, dutico, privilcgco, and immunitico ; :: • :: • • • : : :.• acto or things that arc necesoary, convenient, or dcoirable in order to operate, maintain, enlargc, cxtend, u ." " •": : : : : " " ." . " " Z includc provisions ao arc cuotomary to oet forth both the corporation'o purpooc and . • - nature and the Thc board ohall operate ao a separate unit of county government, except ao otherwice provided in thio chartcr. Both the board and the authority ohall be free from the juriodiction, direction, and control of other county officer° and of the council. The board may ouc or be uocd in ito own name. All liability from damage claim° arioing from the A. Number of director°. The board ohall conoiot of coven dircctoro, one of whom ohall be the chicf : • . " :." : " • -::: ".. " .0 " : voting mcmbcro of thc board. Charter section 7.05K ohall not apply to thio art ck. 1. Director° elected at large. Director° cicctcd at largc shall bc elected at thc ncxt rcgularly 2. Subject to the provioion in paragraph D of thio ocction that thc tcrmo of thc firot directors ." • dircctoro ohall ocrvc tcrmo of four year°, unlcoo thcy dic, rcoign, or arc rcmoved from officc purouant to paragraph D of this section. Thc tcrmo of all elected directoro ohall begin at twelve o'clock 3. Term ito of directoro. No cicctcd dircctor shall serve ao director for morc than two coneccutivc full tcrmo. C. Vacancico. Vacancieo ohall be filled by the board for the unexpired tcrm. No vacancy on thc : : Z D. Qua :cation°. All peroono °coking pooitiono- as- elected dircctoro ohall, upon filing for their candidacica, bc citizcne of the United Statco and regiothrcd voter° in thc county. In addition, thrcc of thc oix • -: :..-•.: :::..:-:. : •:.-:.::. Three of thc oix cicctcd directoro muot cithcr: (1) Havc been licensed by any state in the United Statco for a mini (2) Havc an undergraduate or graduate dcgrc : . :.:* - r • : Z.' • • -.." . ".r.: - :": Charter Review Commission — August 28, 2018 4 oatioficd these require 11 ; . . ento, the board shall immediately rc ovc the director fro 11 office. Any vacancies cation requirements for ouch elected directors. require ento, the three candidates receiving thc highest number of votes ohall be elected to thooc three For the three director positions vihich have licensing or education and experience qu 1 cation No director may hold any county office, be an officer or employee of thc county government, or have E. Officers. The board by majority vote shall elect from among its members a chair who shall al •JSJ.SLI VA. V.I.., J.J%3.S7,4., 11 /Alf I.J.1.10.4.1.1. %al./LAIL Tr11.4.:1 • ' • : Charter Review Commission —August 28, 2018 5 A. Divioiono. Thc authority °hall keep ocparatc fundo and account° ao required by thc uniform oyetemo of account° for goo, electricity, water, communication°, and other utilitico, ao promulgatcd by the ZZ chief cxccutivc officer of thc authority who ohall be qualified by training and experience for thc overall managcmcnt of the utility. The chief cxccutivc officer °hall ccrvc according to thc term° of an employment board. Thc oalary of the chief executive officer ohall be fixed by the board. Thc chicf cxccutivc officer shall, oubjcet to board approval, (1) determine thc number of a u ployeeo neccooary for the operation of thc utility, and (2) fix their dutico and compenoation. The chicf cxccutivc madc or adopted by thc board. The chief cxccutivc officer ohall maintain ouitablc per sr anent record° contract°, oubjcet to the approval of the board. The chief cxccutivc officer shall prepare and cubmit to the environmental matter°, and civil right°. provided by thc board. The officcro and employee° ohall be appointed and removed by the chief executive E. Surcty bondo. The board may require ourety bond° for any of the officers and employee° of the A. Real cstatc and contract°. The board, in thc efficient and economical operation of thc authority, othcr facilitico; (3) purchaoc real cotatc and franchioco; and (4) enter into all contract°, lcaoce, and agreement° in furtherance thereof. Charter Review Commission — August 28, 2018 6 C. Emincnt domain. Thc board ...ay enter upon any land or water for thc p D. Uoc of thoroughfarco for utility inotallationo. Thc board may uoc thc ground over, under, or along on the coot of the ocrvicc providcd and be juot, rcaaonablc, compensatory, and without unduc preference or taxco. Except for th e taxco that arc aeococcd pursuant to county, otate, or federal law, no other tax J. Invcotmcnt of o .luo fundo. The board may invcot ourpluo fundo of thc authority in occuritico Charter Review Commission —August 28, 2018 7 :" ."'" .'Z: ..• ovc a oak. The referendum election ohall be held at the - • 0 es Z":.. C. Repeal of prior county chartcr provioiono and ordinancco. All county charter provio. :...:•": :": that arc not inconsietent with any provioion of thio 'article including, but not limited to, article XX of the charter, ohall apply to thio artick. - .:..r : If any provioion of thio artick, or thc application thereof to any peroon which can be given effect without thc invalid provioion or application, and to thio clad the occtiono, Note: Charter material to be repealed is bracketed and stricken. New charter material is underscored. Ballot Question: Shall the Charter be amended by repealing Article Power Authority by ordinance? 1110 , which empowers the Council to create an Electric 3. Proposed Charter • endment to amend Article the Zoning Board of Appeals 1 , Section 14 by removing Charter •• endment. Article XIV, Sections 14.01, 14.03, 14.12, 14.13, and 14.14 of the Kaua`i County Charter is amended to read as follows: ARTICLE P NING DEPART NT Section 14.01. Organization. There shall be a planning department consisting of a planning commission, I a planning director, and the necessary staff. (. •• ended 2016) Section 14.03. Duties and Functions of the Planning Commission. The planning commission shall: A. Advise the mayor, council, and planning director in matters concerning the planning program for the county. B. Review the general plan and development plans and modifications thereof developed and recommended by the planning director. The commission shall transmit such plans with its recommendations thereon, through the mayor, to the council for its consideration and action. C. Review zoning and subdivision ordinances and amendments thereto developed and recommended by the planning director. The commission shall transmit such ordinances with its recommendations thereon, through the mayor, to the council for its consideration and action. The commission shall recommend approval or rejection of such ordinances in whole or in part and with or without modifications. D. Hear and determine applications for variance from zoning and subdivision ordinances with Charter Review Commission — August 28, 2018 8 respect to a specific parcel of land, and may grant such a variance pursuant to provisions established by the council by ordinance. (Amended 2016) E. Adopt regulations having the force and effect of law pertaining to the responsibilities of the department. F. Prepare a capital improvement program with the advice of the mayor, complementing and reflecting the state and federal programs for the county. G. [Have thc diocretion to rcfcr hearings to thc zoning board of appeal°. Once thc planning all Finding° of Fact, Concluoiono of Law and Dccioiono and Orders without further review or [I.1] G. Perform such other related duties as may be necessary to fulfill its responsibilities under this charter. - • : : : ' - : • : . : • : : : : : : . " . education, training, occupation, or experience. gs ended 2016} principle°, conditions, and precedurec preocribed by ordinance or adminiotrativc rule, thc zoning board of A. Conduct hearing° in accordance with chapter 91, Hawaii Rcviocd Statutco regarding the violation of the zoning and cubdivioion ordinance and the regulation° adopted thereunder; Section [it 1•1] 14.12. Appeals. Appeals from any decision of the planning commission [ shall be instituted in the circuit court within thirty days after service of a certified copy of the decision of the commission [. .1. All commission [:.- : :] proceedings and appeals shall be in conformity with the Hawai`i Administrative Procedure Act. ( Is ended 2016) Note: Charter material to be repealed is bracketed and stricken. New charter material is underscored. Ballot Question: Shall Article XIV, Planning Department, Sections 14.01, 14.03, 14.12, 14.13, and 14.14 be amended by removing all references to the Zoning Board of Appeals? Charter Review Commission — August 28, 2018 9 4. Proposed Charter endment to amend Article VI , Financial Procedures, Section 19.15(C) by adding language to include corresponding improvement of those lands or property entitlements Charter •oendment Article XIX, Section 19(C) of the Kauai County Charter is amended to read as follows: ARTICLE FIN C PROCEDURES Section 19.15. Fund Ad .nistration. A. Deposit of funds. Money received by officers and employees shall be deposited promptly to the county's account in depositories authorized by law. B. Creation of funds. In addition to the funds established by this charter, the mayor, with the approval of the council, may establish other funds when necessary and when no appropriate class of ds exists. Nothing in this section shall preclude the council from introducing and adopting other funds by ordinance. C. Public access, open space, natural resources preservation fund. (1) In adopting each fiscal year's budget and capital program, the council shall appropriate a minimum of one-half of one percent of the certified real property tax revenues to a fund known as the public access, open space, natural resources preservation fund. The moneys in this fund shall be utilized for purchasing or otherwise acquiring lands or property entitlements and any corresponding improvement of those lands or property entitlements for land conservation purposes in the County of Kauai for the following purposes: public outdoor recreation and education, including access to beaches and mountains; preservation of historic or culturally important land areas and sites; protection of si. I cant habitats or ecosystems, including buffer zones; preserving forests, beaches, coastal areas, and agricultural lands; protecting watershed lands to preserve water quality and water supply; conserving land in order to reduce erosion, floods, landslides, and runoff; improving disabled and public access to, and enjo •I ent of, public land, and open space; acquiring disabled and public access to public land, and open space. (2) The moneys in this fund may also be used for the payment of interest, principal, and premium, if any, due with respect to bonds issued pursuant to sections 3.13, 3.14, or 3.15 of the charter, in whole or in part for the p oses enumerated in paragraph (1) of this section and for the payment of costs associated with the purchase, redemption, or refunding of such bonds. (3) The moneys in this fund may also be used to improve public pedestrian access to coastal areas. [3-)] 141 At any given expenses. e, no more than 5 percent of this fund shall be used for administrative [(4)] f.5). Any balance remaining in this fund at the end of any fiscal year shall not lapse but shall remain in the fund, accumulating from year to year. The money in this fund shall not be used for any purpose except those listed in this section. [(5)] 101 The council shall by ordinance establish procedures for the administration and priorities for the expenditure of moneys in this fund. Such ordinances shall include the following provisions: (a) Utilizing a community-based process that incorporates countywide community input, for the purposes of establishing annual recommended priorities of lands or other property entitlements to be acquired for those land conservation p • oses described in paragraph C of section 19.15 of the charter. ( es ended 1992, 2002) Charter Review Commission — August 28, 2018 10 Note: Charter material to be repealed is bracketed and stricken. New charter material is underscored. Ballot Question: Shall Article XIX, Financial Procedures, Section 19.15(C) be .• ended to permit the Public Access, Open Space, Natural Resources Preservation Fund to include improvements? 5. Proposed Charter • endment to amend Article •� allowing the Salary Co •ssion authority to establish the maximum salaries of all elected and appointed officials Charter Article ' II 1111 endment. X, Sections 29.01 and 29.03 of the Kaua`i. County Charter is amended to read as follows: ARTICLE S " Y CO 1 • • ISSION Section 29.01. Org • ization. There shall be a salary commission composed of seven members to establish the maximum salaries of all elected and appointed officers as defined in 23.01 D of this charter. The director of human resources and the director of finance shall serve as ex -officio, non-voting members of the commission, in an advisory capacity. ( ' is ended 1988, 2006, 2012) Section 29.02. Policies. The commission shall adopt and, when it deems necessary, may change the policies governing its sal -setting decisions. ( si ended 1988, 2006) Section 29.03. Resolution. The commission's salary findings shall be adopted by resolution of the commission and forwarded to the mayor and the council on or before March 15 of any calendar year. ] The resolution shall take effect on July 1 of the same calendar year. The respective appointing authority may set the salary of an appointee at a fit e lower than the maximum fit e established by the sal commission for the position, provided that elected officers may voluntarily accept a salary lower than the maximum fit e established by the salary commission for their position, or forego accepting a salary. ( ended 1988, 2006, 2012) Section 29.04. Rules. The commission shall establish its rules of procedures and adopt rules and regulations pursuant to law. (4 el ended 1988, 2006) Section 29.05. Changes in Salary. No change in the salary of councilmembers shall be effective during the term in which a change is enacted or for twenty-four months after a change is enacted, whichever is less. (4 uended 1988, 2006) Section 29.06. Administration and Operation. The mayor and council shall provide an annual appropriation sufficient to enable the commission to secure clerical or technical assistance and pay other operational costs in the performance of its duties. ( 1. ended 1988, 2006, 2012) Note: Ch. - r material to be repealed is bracketed and stricken. New charter material is underscored. Ballot Question: Shall 'cle 1111X, Sal Commission, Sections 29.01 and 29.03 be amended to give the Salary Commission authority to establish the maximum salaries of all elected and appointed officials, and to add the Director of Human Resources and the Director of Finance as ex -officio, non-voting members of the Commission? 6. Proposed Charter Councilmember 4 endment relating to term li ts for the office of Charter Review Commission —August 28, 2018 11 endments to The Charter of the County of Kaual November 6, 2018 General Election Pursuant to Hawai`i Revised Statutes §50-11 and Article V, Section 24.03, of The Charter of the County of Kaua`i, the Kaua`i Charter Review Commission is publishing the following Proposed A endments to The Charter of the County of Kaua`i, which the Commission has approved for inclusion on the 2018 general election ballot. 1. S L THE C RTER BE ENDED BY REPEALING ARTICLE IX., PUBLIC DEFENDER, AS THIS FUNCTION IS ALRE • I Y PROVIDED BY THE STATE? Purpose: The Public Defender section of the Kaua`i County Charter was rendered obsolete when the State Constitution in 1968 mandated that the State provide counsel to indigent defendants and when the State Legislature in 1971 established the State Office of the Public Defender. This amendment would therefore remove an outdated and unnecessary article from the Charter. Background: In 1971 the State established an Office of the Public Defender and a statewide system for the appointment of legal counsel as required under the law. As such, the County Council has never found it necessary to establish a County Public Defender by ordinance. 2. S L THE C ARTICLE ELECTRIC PO RTER BE ENDED BY REPEALING ICH EMPO RS THE COUNCIL TO CREATE R AUTHORITY BY ORDIN CE? Purpose: The purpose of this amendment is to remove the article empowering the Council to establish an electric power authority by ordinance, since the Kaua`i Island Utility Cooperative has competently managed and operated KauaTs electrical power system, and delivered electrical power to Kaua`i in an economically viable manner, for more than a decade and a half. Background: Article was approved by the voters in the 2002 general election. The County Council proposed Article as a Charter amendment in response to the proposed sale of Kaua`i Electric Company to the Kaua`i Island Utility Cooperative (KIUC). Article • empowered the County to intercede in the event that the sale of Kaua`i Electric to KIUC collapsed, or if KIUC had problems in providing electrical services. In September of 2002, the Hawai`i Public Utilities Commission (PUC) approved the sale of Kaua`i Electric to KIUC. Since 2002, KTUC, Hawai`i's only member owned electrical cooperative, has managed and operated the electrical power system on Kaua`i. 3. S L TICLE PL A NING DEP TMENT, SECTIONS 14.01, 14.03, 14.12, 14.13. D 14.14 BE ENDED BY REMOVING ALL REFERENCES TO THE ZONING BOARD OF APPEALS? Purpose: The County has been unable to find volunteers willing to sit on the Zoning Board of Appeals due to the significant time commitment required. Accordingly, this amendment would eliminate the Zoning Board of Appeals. Background: The Zoning Board of Appeals was created in the 2016 general election with the expectation that it would reduce or eliminate the expense of hiring hearings officers to conduct appeals from decisions of the Planning Department. However, the Zoning Board of Appeals has proven difficult to enact. It would require seven volunteers to work approximately 16-25 hours weekly and the County has been unable to recruit capable volunteers willing to make such a time commitment. Thus, the Zoning Board of Appeals has never been seated. 4. S L ARTICLE k• FIN a C PROCEDURES, SECTION 19.15(C) BE a ENDED TO PERMIT THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND TO INCLUDE IMPROVEMENTS? Purpose: Currently the Public Access, Open Space, Natural Resources Preservation Fund may only be used for the acquisition of land or property entitlements for conservation purposes. This amendment would expand the permissible uses of the fund to include paying for improvements to lands or entitlements acquired by the fund, and to improving existing public beach accesses. Background: The Public Access, Open Space, Natural Resources Preservation Fund was established by the voters in 2002 to fund the acquisition of land and public easements for land conservation p • oses. Conservation purposes include acquisitions for beach and mountain public accesses, the preservation of historic and culturally important areas, the protection of significant habitat or ecosystem, protecting watersheds, conserving land to reduce natural hazards, and improving 4-1," ,14 T+ ,-1,,+- "C +1," n„„.... c",.„„ Ckt•l•GOO ILAJ AAPJJ-IM, 0 CAL t.111G LA. 1.41,,y U.I./G 1...J1./ CAAJG to provide an annual recommendation to the County Council regarding lands or entitlements proposed for acquisition. Since the acquisition of land or public easements may require significant expense to improve the acquired land or easement, the Council has in the past refrained from acquiring properties identified by the Open Space Commission due to the expected financial burden of paying for such improvements. This amendment would allow the fund to also be used to improve lands or easements acquired with the fund, and to improve existing public beach accesses, but would not authorize use of the fund proceeds for regular maintenance. 5. SHALL • ' TICLE *0 S • A RY COMMISSION. SECTIONS 29.01 D 29.03 BE • E 1 ED TO G THE SAL • Y COMMISSION AUTHORITY TO ESTABLISH THE • MUM S • • RIES OF ALL ELECTED • APPOINTED OFFIC • S TO • 1 D THE DIRECTOR OF HU A RESOURCES • 1 THE DIRECTOR OF FIN • CE AS EX -OFFICIO, NON-VOTING MEMBERS OF THE COMMISSION? Purpose: This amendment eliminates the County Council's authority to reject all or part of the Salary Commission's annual salary resolution thereby giving the Commission sole authority to set the maximum salaries of elected and appointed officials. It also makes the Director of Human Resources and the Director of Finance advisory members of the Salary Commission. Background: Under the current charter, the Salary Commission is charged with submitting an annual resolution to the Mayor and Council establishing the maximum salaries of all elected and appointed county officers. The Charter, however, permits the Mayor or relevant department head to set the actual salary of any appointee at a figure lower than the maximum established by the Salary Commission, and authorizes the County Council to reject the Salary Commission's entire resolution or any part of it. This permits the County Council to pick and choose which appointees in the executive branch of government may receive salary adjustments. This amendment would eliminate the County Council's veto power over the Salary Commission's annual resolution, while retaining the right of the Mayor and department heads to set actual salaries at less than the maximum. Any change in County Council salaries would still only take effect in the next Council term. This amendment would also add the Director of Human Resources and the Director of Finance to the existing seven -member Salary Commission as ex -officio, non-voting members to provide information on subject -matter and cost matters. Pursuant to Hawai`i Revised Statutes §50-11 and Article XXIV, Section 24.02, of The .Charter of the County of Kaua`i, the Kauai County Council is publishing the following Proposed Amendment to The Charter of the County of Kaua`i, which the County Council has approved for inclusion on the 2018 general election ballot. 1. S • L THE TERM LIMIT OF OFFICE FOR COUNCILMEMBERS BE REMOVED? Purpose: This amendment eliminates the term limitation for the office of Councilmember. Background: In the 2006 general election, the electorate approved a Charter amendment establishing term limits for the office of Councilmember of no more than four consecutive two year terms. To review all proposed changes to the Charter, please go to www.kauai.gov/Charter or contact the Office of Boards and Commissions at 241-4917 or the Elections Division at 241-4800 or 241-4924 (V/TRS), Monday -Friday, between 7:45 a.m. and 4:30 p.m. COUNCIL OF THE COUNTY OF MAUI WAILUKU, HAWAII 96793 CERTIFICATION OF ADOPTION It is HEREBY CERTIFIED that RESOLUTION NO. 18-126 was passed on Second and Final Reading by the Council of the County of Maui, State of Hawaii, on the 20th day of July, 2018, by the following vote: MEMBERS ROLL CALL Michael B. WHITE Chair Aye Robert CARROLL Vice•Chair Aye Alike ATAY Aye Passed First Reading on July 6, 2018 Eleanore COCHRAN Aye S. Stacy CRNELLO Aye Donald S. GUZMAN Aye G. Rlkl HOKAMA Aye Kelly T. KING Aye Yukl Lel K. SUGIMURA Aye Resolution No. 18-126 PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO USES OF THE OPEN SPACE, NATURAL RESOURCES, CULTURAL RESOURCES, AND SCENIC VIEWS PRESERVATION FUND BE IT RESOLVED by the Council of the County of Maui: 1. That, pursuant to Section 14-1(1), Revised Charter of the County of Maui (1983), as amended ("Charter"), it hereby proposes that Section 9-19 of the Charter, pertaining to the Open Space, Natural Resources, Cultural Resources, and Scenic Views Preservation Fund, be amended by amending subsection 1 to read as follows: "1. In adopting each fiscal year's budget and capital program, the council shall appropriate a minimum of one percent (1%) of the certified real property tax revenues to a fund known as the open space, natural resources, cultural resources, and scenic views preservation fund. The revenues in this fund shall be utilized for [purchasing]: a. Purchasing or otherwise acquiring lands or property entitlements for land conservation purposes in the county of Maui for the following purposes: public outdoor recreation and education; preservation of historic or culturally important land areas; protection of significant habitat or ecosystems, including buffer zones; preserving forests, beaches, coastal areas,. and agricultural lands; protecting watershed lands to preserve water quality; conserving land for the purpose of reducing erosion, floods, landslides, and runoff; and improving disabled and public access to, and enjoyment of, public land, open space, and recreational facilities[.] or b. Performing safety and security improvements on lands acquired through this fund."; and Resolution No. 18-126 2. That material to be repealed is bracketed underscored; and d new material is 3. That, pursu. t to Section 14-2(1) of the Charter, this resolution be submitted to the voters of the County of Maui at the next general election; and 4. That the County Clerk prepare the necess- ballot for presentation to the voters at the next general election; and 5. That, pursu. t to Section 14-1(1) of the Charter, it hereby proposes that the following question be placed on the next general election ballot: "Shall the Charter be ended, effective Janu- 2, 2019, to expand the uses of the Open Space, Natural Resources, Cultural Resources, d Scenic Views Preservation Fund to authorize the fund to be used to perform safety and security improvements on 1 ds acquired through the fund?"; and 6. That, pursuant to Section 14-2(2) of the Charter, the County Clerk shall publish the proposed amendment as set forth in this resolution in its entirety in a newspaper of general circulation; d 7. That, upon approval by the majority of the voters voting on the proposed amendment, the amendment proposed herein shall take effect as of Janu 2, 2019; and 8. That certified copies of this resolution be transmitted to the Mayor, the Director of Fin ce, d the Corporation Counsel. APPROVED AS TO FORM AND ALITY EDWARD S. KUSH , JR. Department of the Corporation Counsel County of Maui 2017-1061 2017-08-30 Resolution 2017-0098 PEA -10(3) Revised Reso PUBLIC NOTICE PROPOSED AMENDMENTS TO THE REVISED CHARTER OF THE COUNTY OF MAUI (19831. AS AMENDED Pursuant to Section 14-2.2 of the Revised Charter of the County of Maui (1983), as amended, the following are three amendments to the Charter proposed by the Maui County Council. Each proposed amendment and the specific question relating to that amendment that will appear on the 2018 General Election ballot are as follows: Resolution No. 18-124 PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, AMENDING SECTION 13-6, RELATING TO CLAIMS WHEREAS, Section 13-6 of the Revised Charter of the County of Maui (1983), as amended ("Charter"), establishes the process by which claims may be filed with the County; and WHEREAS, this provision stipulates that claims must be filed with the County Clerk within the time period provided by law; and WHEREAS, once the County Clerk receives a written claim, the Office of the County Clerk prepares an acknowledgement notice to the claimant, and forwards the claim to the third -party administrator; and WHEREAS, the Office of the County Clerk provides copies of the notice to the third -party administrator to the Mayor, Corporation Counsel, and Council Chair; and WHEREAS, the Office of the County Clerk has no further part in the claims process, other than to forward requests and communications seeking clarification and information on, or the status or disposition of, a claim to the Department of the Corporation Counsel, Risk Management Division; and WHEREAS, Section 46-72, Hawaii Revised Statutes, provides, in part, for a claim against the County to be filed with "the individual identified in the respective county's charter"; and WHEREAS, Section 13-111, Revised Charter of the City and County of Honolulu, provides, in part, for claims against the City and County of Honolulu to be "filed with the corporation counsel"; and WHEREAS, providing for claims to be filed with the Corporation Counsel instead of the County Clerk would assist in streamlining the claims process, provide greater clarity for claimants, and eliminate bureaucratic inefficiencies; now, therefore, BE IT RESOLVED by the Council of the County of Maui: 1. That, pursuant to Section 14-1(1) of the Charter, it hereby proposes that Section 13-6 of the Charter, pertaining to claims, be amended to read as follows: "No action shall be maintained for the recovery of damages for any injury to person or property by reason of negligence of any officer or employee of the county unless a written statement stating fully when, where., and how the injuries occurred, the extent thereof, and the amount claimed therefor, has been filed with the [county clerk] corporation counsel within the time period as provided by law."; and 2. That material to be repealed is bracketed and new material is underscored; and 3. That, pursuant to Section 14-2(1) of the Charter, this resolution be submitted to the voters of the County of Maui at the next general election; and 4. That the County Clerk prepare the necessary ballot for presentation to the voters at the next general election; and 5. That, pursuant to Section 14-1(1) of the Charter, it hereby proposes that the following question be placed on the next general election ballot: "Shall Section .13-6 of the Charter be amended, effective January 2, 2019, to require that claims be filed with the Corporation Counsel instead of the County Clerk?"; and 6. That pursuant to Section 14-2(2) of the Charter, the County Clerk shall publish the proposed amendment as set forth in this resolution in its entirety in a newspaper of general circulation; and 7. That, upon approval by the majority of the voters voting on the proposed amendment, the amendment proposed herein shall take effect as of January 2, 2019; and 8. That certified copies of this resolution be transmitted to the Mayor and the Corporation Counsel. Resolution No. 18-125 PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO PENALTIES WHEREAS, Section 13-10 of the Revised Charter of the County of Maui (1983), as amended ("Charter"), states that the Council shall, by ordinance, provide for the punishment of violations of the Charter, and may provide for the punishment of violations of ordinances and rules having the force and effect of law; and WHEREAS, Section 13-10 of the Charter further states that no penalty shall exceed the amount of $1,000, or one year's imprisonment, or both; and WHEREAS, authorizing a higher penalty for the unlawful operation of a transient accommodation will provide a strong deterrent against such violations of the County's comprehensive zoning ordinance; and WHEREAS, at the same time a higher penalty for the unlawful operation of a transient accommodation is authorized, the penalties provision for other violations should be amended to clarify that each day a violation persists constitutes a separate violation subject to the $1,000 maximum penalty, as the provision is currently implemented; now, therefore, BE IT RESOLVED by the Council of the County of Maui: 1. That, pursuant to Section 14-1(1) of the Charter, it hereby proposes that Section 13-10 of the Charter, pertaining to penalties, be amended to read as follows: "The council shall, by ordinance, provide for the punishment of violations of any provisions of this charter and may provide for punishment of violations of ordinances and rules having the force and effect of law, but no penalty shall exceed the amount of [$1,000.00,] $1,000 per day for each day the violation persists, or one (1) year's imprisonment, or both[]; except that the penalty for the operation of a transient accommodation without a necessary permit shall not exceed a civil fine of $20,000 plus $10,000 per day for each day the unlawful operation persists, unless a higher fine is authorized bv State law. For purposes of this section, "transient accommodation" includes transient vacation rentals, bed and breakfast homes, short-term rental homes, and other categories of transient accommodation established bv ordinance."; and 2. That material to be repealed is bracketed and new material is underscored; and 3. That, pursuant to Section 14-2(1) of the Charter, this resolution be submitted to the voters of the County of Maui at the next general election; and 4. That the County Clerk prepare the necessary ballot for presentation to the voters at the next general election; and 5. That, pursuant to Section 14-1(1) of the Charter, it hereby proposes that the following question be placed on the next general election ballot: "Shall the Charter be amended, effective January 2, 2019, to increase the penalty for the operation of a transient accommodation without a necessary permit from the current $1,000 amount to a civil fine of up to $20,000 plus $10,000 per day for each day the unlawful operation persists, unless a higher fine is authorized by State law, and to clarify that the current limit of a $1,000 fine for the violation of an ordinance is a limit of $1,000 per day the violation persists?"; and 6. That, pursuant to Section 14-2(2) of the Charter, the County Clerk shall publish the proposed amendment as set forth in this resolution in its entirety in a newspaper of general circulation; and 7. That, upon approval by the majority of the voters voting on the proposed amendment, the amendment proposed herein shall take effect as of January 2, 2019; and 8. That certified copies of this resolution be transmitted to the Mayor, the Planning Director, and the Corporation Counsel. Resolution No. 18-126 PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO USES OF THE OPEN SPACE, NATURAL RESOURCES, CULTURAL RESOURCES, AND SCENIC VIEWS PRESERVATION FUND BE IT RESOLVED by the Council of the County of Maui: 1. That, pursuant to Section 14-1(1), Revised Charter of the County of Maui (1983), as amended ("Charter"), it hereby proposes that Section 9-19 of the Charter, pertaining to the Open Space, Natural Resources, Cultural Resources, and Scenic Views Preservation Fund, be amended by amending subsection 1 to read as follows: "1. In adopting each fiscal year's budget and capital program, the council shall appropriate a minimum of one percent (1 %) of the certified real property tax revenues to a fund known as the open space, natural resources, cultural resources, and scenic views preservation fund. The revenues in this fund shall be utilized for [purchasing]; a. Purchasing or otherwise acquiring lands or property entitlements for land conservation purposes in the county of Maui for the following purposes: public outdoor recreation and education; preservation of historic or culturally important land areas; protection of significant habitat or ecosystems, including buffer zones; preserving forests, beaches, coastal areas, and agricultural lands; protecting watershed lands to preserve water quality; conserving land for the purpose of reducing erosion, floods, landslides, and runoff; and improving disabled and public access to, and enjoyment of, public land, open space, and recreational facilities[.]: or b. Performing safety and security improvements on lands acquired through this fund."; and 2. That material to be repealed is bracketed and new material is underscored; and 3. That, pursuant to Section 14-2(1) of the Charter, this resolution be submitted to the voters of the County of Maui at the next general election; and 4. That the County Clerk prepare the necessary ballot for presentation to the voters at the next general election; and 5. That, pursuant to Section 14-1(1) of the Charter, it hereby proposes that the following question be placed on the next general election ballot: "Shall the Charter be amended, effective January 2, 2019, to expand the uses of the Open Space, Natural Resources, Cultural Resources, and Scenic Views Preservation Fund to authorize the fund to be used to perform safety and security improvements on lands acquired through the fund?"; and 6. That, pursuant to Section 14-2(2) of the Charter, the County Clerk shall publish the proposed amendment as set forth in this resolution in its entirety in a newspaper of general circulation; and 7. That, upon approval by the majority of the voters voting on the proposed amendment, the amendment proposed herein shall take effect as of January 2, 2019; and 8. That certified copies of this resolution be transmitted to the Mayor, the Director of Finance, and the Corporation Counsel. DONE this 30th day of August, 2018 DENNIS A. MATEO, BOUNTY CLERK COUNTY OF MAUI, STATE OF HAWAII 1; 0100040,..00,41,00.60000111 p604094701.0r0 $.010 ,01,04410001e, q 1,1011 r-4 krisr ro ,40,41 "�� trr OFFICE OF ELECTIONS STATE OF HAWAII a es The foliowing questions will appear on the 2018 General Election ballot. Included is the constitutional convention question and one (1) proposed constitutional amendment adopted during the Twenty - Ninth Legislature's Regular Session. Also included are proposed charter amendmerit questions, The constitutional convention question and the proposed constitutiorial amendment will appear in the same order as Iisted below on all ballots, statewide; followed by the respected county proposed amendments. State of Hawali Constitutional Convention Question ShaH there be a convention to propose a revsion of or amendments to the Constftution? Cantonese: rE,;:rrr '^r"rrr'rr Y |locano: Nasken kadi nga addanto maangay a kombension a mongiyingooingihnybiaionwennokadogiUenmiandah Konstitusion? Proposed Amendment to the State Constitution Shall the legistature be authorized to establish, as provided by Iaw, a surcharge on investment real property to be used to support public education? Cantonese: R. Ur, Y.:`����7-1? Ilocano: Nleipaayancadiidwoyohlegislature ngamangisimpo. koe|oidinkeddengb|inteQ.idauvnoacuartoitipundar UoagicuouaamauoortapnomatubnganUeducoayon ti publico? A „:„:„:„......,..„...: , ..,,L4. =o M� F8134B00O1 4 September 2018 Proposed Arnendments to the Hawaii County Charter 1. HAWAIl: Public Notice and Voting Reciuiremerits for the Salary Commission Shall Article XIIl of the County Charter be amended to require the Salary Commission to publish notification in two daly newspapers in the County, hold at least one public hearing, and provide a detailed report of its findings and conctusions for pubiic nspection, all at least thirty (30) days prror to adoptirig any increase or decrease of a County elected official or appointed officer's salary, and to further require that the Salary Commission approve by a two-thirds vote of its entire membership any saary increase or decrease greater than ten percent? 2.HAVVA|'\:Fiscal Impact Statements for Amendments to the Hawail County Charter Shall Article XV of the County Charter be amended to require that any proposed amendment to the County Charter be accompanied by a FiscaI Impact Statement that describes the immediate and potential future effects that proposed amendment would have on County revenues, expenditures. taxes, and fiscal |iabi|itimo, and that the Fiscal Impact Statements be provided to voters no Iess than sixty (60calendar days prior to the election where the proposed change is to be voted on by posting on the County website and by being made available for inclusion in any voter information pamphlet on County bailot propositioris'? Proposed Amendrnents to the Maui County Charter MAUI: Claims Shall Section 13-6 of the Charter be amended, effective January 2, 2019, to require that claims be filed with the Corporation Counsel instead of the County Clerk? MAUI: Penalties Shall the Charter be amended, effective January 2, 2019. to increase the penalty for the operation of a transient accommodation without a necessary permit from the current S1,000 amount to a civil fine of up to www electrons Howair.gov Constitutional and Charter Amendment Questions - Page 2 $20,000 plus $10,000 per day for each day the unlawful operation persists, unless a higher fine is authorized by State law, and to clarify that the current limit of a $1,000 fine for the violation of an ordinance is a limit of $1,000 per day the violation persists? MAUI: Oben Space Fund Shall the Charter be amended, effective January 2, 2019, to expand the uses of the Open Space, Natural Resources, Cultural Resources, and Scenic Views Preservation Fund to authorize the fund to be used to perform safety and security improvements on lands acquired through the fund? Proposed Amendments to the Kauai County Charter KAUAI: Relatino to the Public Defender Shall the charter be amended by repealing Article IX, Public Defender, as this function is already provided by the State? KAUAI: Relating to the Electric Power Authority Shall the charter be amended by repealing Article XXX, which empowers the Council to create an electric power authority by ordinance? KAUAI: Relating to the Zoning Board of Appeals Shall Article XIV, Planning Department, Sections 14.01, 14.03, 14.12, 14.13, and 14.14 be amended by removing all references to the zoning board of appeals? KAUAI: Relating to the Public Access. Open Space. Natural Resources Preservation Fund Shall Article XIX, Financial Procedures, Section 19.15(C) be amended to permit the Public Access, Open Space, Natural Resources Preservation Fund to include improvements? KAUAI: Relating to the Salary Commission Shall Article XXIX, Salary Commission, Sections 29.01 r 2191 03 1.. amended tO a4. 1..... commission arid G.7.VJ be GIIIGIIUGU lU aIVC. UIC salary 4UIIIII11�.71U11 authority to establish the maximum salaries of all elected and appointed officials, and to add the director of human resources and the director of finance as ex - officio, non-voting members of the commission? KAUAI: Relating to term limits for the office of Councilmember Shall the term limit of office for Councilmembers be removed? Proposed Amendments to the Honolulu City Charter Shall the Revised Charter of the City and County of Honolulu 1973 (2017 Edition) relating to the board of the Honolulu Authority for Rapid Transportation (the 'Board') be amended: 1. To increase the number of Board members from ten to a maximum of fifteen; 2. To provide that the President of the Hawaii State Senate and the Speaker of the Hawaii State House of Representatives may each appoint up to two non-voting members, for terms to be determined by the appointing authority; 3. To provide that the City Council may appoint one additional voting member, 4. To specify that six members shall constitute a quorum; and 5. To specify that the affirmative vote of a majority of all voting members of the Board shall be necessary to take any action, and such action shall be made at a meeting open to the public? Cantonese: AWBS*ST AHonolulu#AWE ' RZE14t ' ( fes ) ( 11.619731fHonoluluifi * (2017 IFER)) . *Miff : 2. gi2Hawaiifi1OREMA tlHawaiifilintRI INABIer affa4t tMRA II&, fM4t ailN> ; 3. NZMM*W; 40f1—$ 4# t R ; 4. at% M'+`'OdikAtA''; ;R 5. mtawA ' t Aim* +ItAt'Ji xRTil Ilocano: Masapul kadi a maamendaran ti Narebisar a Charter ti Siyudad ken County ti Honolulu 1973 (Edisyon ti 2017) mainaig iti board ti Autoridad ti Honolulu para iti Napartak a Transportasyon (ti "Board"): This FACTSHEET is intended for informational purposes only and should not be used as an authority on Hawaii election law. Requirements and/or deadlines may change. Consult the Hawaii Revised Statutes and other sources for more detailed requirements.