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Home My WebLink About2011_0124_Charter Agenda Packet 421 Sherman Shiraishi, Chair t Members: a Mary Lou Barela Patrick Stack, Vice Chair Joel Guy Carol Suzawa Jan TenBruggencate Ed Justus COUNTY OF KAUAI CHARTER REVIEW COMMISSION MEETING NOTICE AND AGENDA Monday, January 24, 2011 4.00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2 4444 Rice Street, LThu'e, HI 96766 Oath of Office for-new Commissioner Ed Justus CALL TO ORDER APPROVAL OF AGENDA APPROVAL OF MINUTES Open Session Minutes of December 13, 2010 BUSINESS CRC 2011-01 Discussion and decision-making on proposing a Charter amendment to correct non-substantive items as relate to grammar, spelling and formatting errors in the Charter CRC 2011-02 Discussion and possible decision-making on changing the percent of registered voter signatures required on a petition to propose amendments to the Charter as provided for in Section 24.01 B, Kauai County Charter CRC 2011-03 Memorandum dated 1 `1412011 from Leonard Rapozo, Jr., Director of Parks and Recreation, rescinding the request for the Charter Review Commission to consider amending Article X111, Section 13.03 and Article XXX1, Section 31,03 relating to the transfer of Building Maintenance from the Department of Public Works to the Department of Parks and Recreation NEXT MEETING Monday, February 2 , 2011 —Regular Meeting 4:00 pm— Meeting Room 2A/2B, Mo'ikeha Building ADJOURNMENT Charter Review Commission January 24, 2011 Page 2 NOTICE OF EXECUTIVE SESSION Pursuant to Section 92-7(a), Hawai'i Revised Statutes (FIRS) the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to Section 92-4, FIRS and shall be limited to those items described in Section 92-5(a), HRS. cc: Deputy County Attorney Jennifer Winn PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: 1. Your name and if applicable, your positiortititle and organization you are representing; 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only; and 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and 5. If testimony is based on a proposed Charter amendment, list the applicable Charter provision. While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The Charter Commission rules limit the length of time allocated to persons wishing to present verbal testimony to five (5) minutes. A speaker's time may be limited to three(3)minutes if in the discretion of the chairperson or presiding member, such limitation is necessary to accommodate all persons desiring to address the Commission at the meeting. Send written testimony to: Charter Review Commission Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 LThu'e, HI 96766 E-mail:bbddavis(-(ti kkau qaiLgo-vr Phone: 241-4919 Fax: (808) 241-5127 Charter Review Commission January 24, 2011 Page 3 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at (808) 241-4919 at least five (5) working days prior to the j meeting. IR�AF�T� �'@ A TO i � . CO UNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date December 13, 2010 Location Mo'ikeha Building, Liquor Conference Room Start of Session: 4:00 pm End of Session: 4:22 pm Present Members: Carol Suzawa, Sherman Shiraishi, Mary Lou Barela, Jan TenBruggencate, Patrick Stack, Joel Guy Excused Also, Deputy County Attorney Jennifer Winn, Secretary Barbara Davis, Boards & Commissions Administrator John Isobe I_. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Suzawa called the meeting to order at 4:00 pm with all 7 Commissioners present Approval of Agenda Ms. Barela moved to approve the agenda as circulated. Mr. TenBruggencate seconded the motion. Motion carried 6:0 of Open Session Minutes of September 27, 2010 -4 --- Ms. Bar eI amoved_ _ -t_oapprove - the minutes---"-- of Minutes September 27, 2010, Mr. TenBruggencate seconded the motion. Motion carried 6:0 Business CRC 2010-20: Deliberation and decision-making on the Charter Commission 2009-2010 Draft of Final Report. Mr. TenBruggencate congratulated the staff for a yeoman-like piece of work and pending any discussion moved for approval of the draft of the report, Ms. Barela seconded the motion. Motion carried-6:0 CRC 2010-21: Election of Chair and Vice-Chair for 2011 Mr. TenBruggencate asked that the rules be suspended for an informal discussion of whether Mr. Shiraishi would accept the Chair position again with his level of experience on the Commission and since the other members were relatively new. Mr. Stack was asked if he would consider either the Chair or Vice-Chair position to which he replied he did not want to Chair the 2011 Commission but would consider the Vice-Chair position. The meeting was called back to order with a motion to nominate Mr. Shiraishi as the Chair. The motion was seconded and carried 6:0 SC Charter Review Commission Open Session December 13, 2010 Page 2 SUBJECT DISCUSSION ACTION A motion was made and seconded to nominate ------- Mr. Stack as Vice-Chair. Motion carried 6:0 CRC 2010-22: Review and Approval of Charter Review Commission Meeting Schedule for 2011 Mr. TenBruggencate moved to approve the meeting schedule as submitted. Ms. Barela seconded the motion. Motion carried 6:0 "ex J �"t n Monday,Ja_n_u_a"ry23._20-1---- Mr. TenBruggencate suggested they place an item on the January agenda to discuss cleaning up non-substantive items in the charter that would correct gender, grammar, etc. Section 3.05 - Relating to filling a vacancy in the County Council and deferred as a 2010 business item was deemed not necessary to pursue at this time. Section 13.03 and 31.03- Relating to the Transfer of Building Maintenance from the Department of Public Works to the Department of Parks and Recreation and deferred as a 2010 business item to be placed on the January agenda for further consideration. Discussion of Article XXII Initiative and Referendum versus Article XXIV Charter Amendment requirements for public placement ------- of issues on the general election ballot Adjournment Mr. TenBruggencate---moved-t--o-adjourn the"_ meeting at 4:22 pm. Mr. Stack seconded the ------- motion, Motion carried 6:0 Charter Review Commission Open Session December 13, 2010 Page 3 Submitted by: Barbara Davis, Secretary Reviewed and Approved by: Carol Suzawa, Chair Approved as is. Approved with amendments. See minutes of meeting, ARTICLE XXXV CHARTER Ab&'Wl*=T Section 24 . 01 . Tnitiation of Ilumendment-s . Amendments to -,this charter may be 4 Lni t4 ated only in the following manner: A. By resolution of the council adopted after two readings on separate days and passed by a vote of five or more members of the council . B. By petition presented to the council, signed by not less than five percent (5%) of the voters registered in the last general elect-ion, setting forth the proposed amendments . Such petitions shall designate and authorize not less than three nor more than five of the signers thereto to approve any alteration or change in -,.-he form or language or any restatement of the text of the proposed amendments which may be made by the county attorney. Upon filing of such petition with the council, the county clerk shall examine it to see whether it contains a sufficient number of apparently genuine signatures of voters. CRC 2011-02 DEPARTMENT PARKS AND RECREATION MEMORANDUM 1/14/2011 0 JAN TO: Charter Review Commission BOARDL VIA: John Isobe, Boards and Commissions Administrator FROM: Leonard A. Rapozo, Jr., Director of Parks and Recreation 3111� SUBJECT: Proposed Amendment to Article XIII, Section 13.03 and Article XXXI Section 31.03 The Department of Parks and Recreation would like to rescind the request for the Charter Review Commission to consider amending Article XIII, Section 13.03 and Article XXXI, Section 31.03 of the Kaua'i County Charter Relating to the Transfer of Building Maintenance from the Department Of Public Works to the Department Of Parks and Recreation. Should you have any questions please contact me at 241-4455. CRC 2011-03