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HomeMy WebLinkAboutJanuary 22 2018 Charter Review Commission PacketCarol Suzawa Members: Chair Marissa Sandblom Galen Nakamura Virginia Kapali Ricky Watanabe Jan TenBruggencate Vice Chair COUNTY OF KAUA'I CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, January 22, 2018 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2 A/B 4444 Rice Street, Lihu'e, HI 96766 Oath of Office for reappointed member Marissa L. Sandblom, 1st term ending 12131120 COMMUNICATIONS APPROVAL OF MINUTES Open Session Minutes of December 18, 2017 BUSINESS CRC 2017-05 Proposed Charter Amendment to Remove the Zoning Board of Appeals (Article XIV, Subsection 14.12 - 14.14 (deferred 10123117, 11127/17, 12118117) CRC 2017-08 Proposed Charter Amendment to Amend Article XIX, Financial Procedures, Section 19.15(C) by adding language to include corresponding maintenance of those lands or property entitlements (deferred 11127/17, 12118117) 1. Kaua`i County Charter Section 19.15. Fund Administration CRC 2017-13 Proposed Charter Amendment allowing the Salary Commission complete authority to establish the salaries of all elected and appointed officials. 1. Kaua`i County Charter, Salary Commission - Article XXX 2. Maui County Charter, Salary Commission - Section 8-17.1 3. Hawai`i County Charter, Salary Commission - Section 13.28 CRC 2017-10 Proposed Charter Amendment to Article III, County Council, Section 3.03 relating to terms (deferred 11127/17, 12118117) Four (4) Councilmembers serve two (2) four-year terms full time (staggered), and three (3) Councilmembers serve two (2) two-year terms part time An Equal Opportunity Employer EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7(a), 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 HRS §92-4 and shall be limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to the public. ES-001 Pursuant to Hawaii Revised Statutes §§92-4 and 92-5(a)(4), the Commission anticipates convening in executive session to receive and discuss the County Attorney's legal review of CRC 2017-03 — Proposed Charter Amendment to Remove Article IX Relating to the Public Defender. This briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission as they relate to this agenda item. (deferred 11127/17, 12118117) ES-002 Pursuant to Hawaii Revised Statutes §§92-4 and 92-5(a)(4), the Commission anticipates convening in executive session to receive and discuss the County Attorney's legal review of CRC 2017-04 — Proposed Charter Amendment to Remove Article XXX Relating to the Electrical Power Authority. This briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission as they relate to this agenda item. (deferred 11127/17, 12118117) ES-003 Pursuant to Hawaii Revised Statutes §§92-4 and 92-5(a)(4), the Commission anticipates convening in executive session to receive and discuss the County Attorney's legal review of CRC 2017-10 - Proposed Charter Amendment to Article III, County Council, Section 3.03 relating to terms. This briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission as they relate to this agenda item. ES-004 Executive Session Minutes of December 18, 2017 RETURN TO OPEN SESSION Ratify Commission actions taken in Executive Session for items: ES-001, ES-002, ES-003, and ES-004 ANNOUNCEMENTS Next Meeting: Next Scheduled meeting is February 26, 2018, 4:00 p.m., in the Mo'ikeha Building, Meeting Room 2A/2B ADJOURNMENT Cc: Deputy County Attorney Adam Roversi Charter Review Commission — January 22, 2018 2 1 P a g e 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 position/title 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 Review 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: Lani Agoot Office of Boards and Commissions 4444 Rice Street, Suite 150 L1hu`e, HI 96766 E-mail: lagootAkaud gov Phone: (808) 241-4917 Fax: (808) 241-5127 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at (808) 241-4917 at least five (5) working days prior to the meeting. Charter Review Commission — January 22, 2018 3 1 P a g e Minutes of Meeting OPEN SESSION Board/Commission: 7 CHARTER REVIEW COMMISSION Meeting Date I December 18, 2017 Location Mo'ikeha Building, Liquor Control Conference Room 3 Start of Meeting: 4:01 p.m. I End of Meeting: 6:03 p.m. Present Chair Jan TenBruggencate; Vice Chair Ricky Watanabe; Members: Virginia Kapali, Carol Suzawa, Galen Nakamura (entered at 4:08 p.m), and Marissa Sandblorn Also: Deputy County Attorney Adam Roversi; Boards & Commissions Office Staff. Administrative Specialist Lani Agoot, Administrator Paula M. Morikami Excused Isaac Cockett Absent SUBJECT DISCUSSION ACTION Prior to the start of the meeting, Administrative Assistant to the County Clerk Eddie Topenio gave the Oath of Office to new Commissioner Marissa Sandblom. Call To Order Mr. TenBruggencate called the meeting to order at 4:01 p.m. with 5 Commissioners present. Communications Chair TenBruggencate stated that the Commission received documents from the Director of Planning, the Office of Economic Development, and Felicia Cowden, and asked for a motion to receive the items for the record. Ms. Kapali moved to receive the items for the record. Ms. Suzawa seconded the motion. Motion carried 5:0. Approval of Meeting Minutes of November 27, 2017 Ms. Kapali moved to approve the minutes as Minutes circulated. Ms. Suzawa seconded the motion. Motion carried 5:0. Business Chair TenBruggencate stated that he would take the agenda item related to creating a new Farm Commission first to accommodate guests that were I invited to speak on the agenda item. I Charter Review Commission Open Session December 18, 2017 Page 2 SUBJECT DISCUSSION ACTION CRC 2017-11 Proposed Charter Amendment creating a new Farm Commission (deferred 11127117) Chair TenBruggencate welcomed newly appointed Commissioner Marissa Sandblom who was sworn in prior to the start of the meeting. He then asked Felicia Cowden to speak on her proposed Charter Amendment. Ms. Cowden explained that she proposed the Charter Amendment to create a new Farm Commission because she felt the County wasn't easily able to handle farming related issues; specifically farm worker housing. She said a Farm Commission could handle issues, such as smaller farmers needing help, and large farm operations in relation to pesticide use. Mr. Watanabe asked Ms. Cowden if there was a commission established under the Department of Agriculture to which Ms. Cowden said that the Mayor's Office had an Agricultural Committee, and the State Department of Agriculture had a similar organization. Commissioner Galen Nakamura entered the meeting at 4:08 p.m. Chair TenBruggencate asked the Office of Economic Development (OED) Director George Costa to speak on the agenda item. Mr. Costa referenced two (2) documents he provided to the Commission (on file); a list of the various organizations OED worked with to promote and support agriculture, and a summary of grants processed over the past ten (10) years to help diversify the island's economy. Mr. Costa said the Mayor's Kauai Agricultural Advisory Committee (KAAC) reviewed agricultural issues and challenges, offering support to the Mayor and organizations such as the Hawaii Farmers Union United and the Kauai Charter Review Commission Open Session December 18, 2017 Page 3 SUBJECT DISCUSSION ACTION Farm Bureau. He said at the Committee's last meeting they had a robust discussion regarding farm worker housing and a majority of the Committee supported farm worker housing; however, the Committee needed more details in order to fully support it one way or the other. Ms. Kapali asked how often the Committee met and when it was established to which Mr. Costa said he thought the Committee was established during Mayor Kusaka's administration, and they meet once a month. Ms. Kapali asked if OED provided clerical support for the Committee, and what happened to the results of the Committee's discussions. Mr. Costa confirmed that OED staffed the Committee, and that the results of the Committee's discussions were forwarded to the Mayor to see if the County could offer support with regard to land use or anything related to agriculture. Chair TenBruggencate asked Mr. Costa if OED had plans to fill the vacancy left by the previous agricultural specialist Bill Spitz to which Mr. Costa said the Mayor was leaning towards leaving that up to the next administration. With no further discussion, Chair TenBruggencate called for public testimony. Mr. Ken Taylor stated that he was opposed to a Charter Amendment creating a new Farm Commission, and that OED was doing a good job covering agricultural activities. He said he didn't see a reason for the Commission or the cost it would incur. Hawaii Farmers Union United (HFUU) Kauai Chapter President Ray Maki stated that the HFUU was an organization of family farmers on Kauai, and across the state, primarily focused on the needs of the family farmers using Charter Review Commission Open Session December 18, 2017 Page 4 SUBJECT DISCUSSION ACTION commercial organic methodologies. He said the HFUU had questions regarding the scope of activities and the powers of the proposed Farm Commission. As a member of the KAAC, he said the members' primary concern was the inaction of a farm worker housing ordinance that actually worked, and was supported by the County and the Planning Commission, to allow farmers to live on their agricultural land in temporary housing facilities to facilitate their farming operations. He added that if there was an application for farm worker housing submitted to the County, the KAAC would like the opportunity provide input and support. Chair TenBruggencate asked if the KAAC had taken a position on farm worker housing to which Mr. Maki said there had been discussions, however, no official position on the matter. Chair TenBruggencate asked if the KAAC would lobby the County Council for legislation in support of farm worker housing. Mr. Costa provided that Committee members were encouraged to lobby once there was a consensus from the group. Chair TenBruggencate asked Mr. Costa if he would speak on behalf of the Committee once they took a position to which Mr. Costa said yes. Ms. Sandblom stated that one component the proposed Farm Commission envisioned providing guidance on was farm worker housing and another component was related to appropriate farming methods. She asked Mr. Maki if KAAC had considered that issue to which Mr. Maki said he personally didn't think Committee members would want a committee or commission judging the appropriateness of farming styles, and that State and County laws were enough to guide and regulate farming activities. Kauai County Farm Bureau (KCFB) President Johnny Gordines stated that Charter Review Commission Open Session December 18, 2017 Page 5 SUBJECT DISCUSSION ACTION KCFB had over three hundred (300) members and could speak for the farmers of Kauai that they didn't need another regulatory agency to define and dictate how they fed the people of Kauai, and that there were organizations already in place locally, federally, and statewide that regulated farming. He said what was needed was more farmers and an agricultural specialist to work with on agricultural issues. Mr. Gordines stated that he was a member of the KAAC and they supported farm worker housing. The Committee had spoken with Councilmember Mason Chock and Deputy Planning Director Ka'ania Hull regarding farm worker housing and the process was moving forward. Ms. Kapali asked Mr. Gordines if filling the agricultural specialist position in OED would provide farmers the assistance in navigating various organizations to which Mr. Gordines replied yes, famers needed a resource at the County level. Mr. Hull stated that Planning Director Michael Dahilig provided the Commission with a letter regarding the Planning Department's official statement. He said the proposed amendment to create a Farm Commission was nebulous and the purpose was unclear. Mr. Hull briefed the Commission on the history of what led to the farm worker housing ordinance being drafted several years ago. He said the ordinance had requirements that had to be met; the land had to be in agricultural dedication, there had to be a farm plan, and the farm operation was required to gross thirty-five thousand (35,000) dollars annually. He added that for the most part, start-up farmers couldn't fulfill the financial requirement unless they lived on the land. Mr. Hull said there were issues with the farm worker housing ordinance and it needed to be amended. The Planning Department's analysis of agricultural lands was that the single greatest thing for some farmers was the ability to have a farm dwelling; however, the Charter Review Commission Open Session December 18, 2017 Page 6 SUBJECT DISCUSSION ACTION worst thing for agricultural lands on Kauai was having farm dwellings on agricultural lands because it turned into a speculative issue. Mr. Hull said the County needed to be very thorough and vigilant to ensure that farm worker housing on agricultural lands didn't become speculative as did farm dwellings on agricultural lands. Housing Director Kanani Fu stated the Housing Department's limited involvement was with regard to infrastructure. Ms. Cowden stated that creating a Farm Commission wasn't to tell people how to farm but to support small farmers. It was the result of being told that adopting the farm worker housing ordinance was not a viable option because it was too hard to regulate. She said the Farm Commission was a way to help smaller farms, and regulate farm worker housing operations. With no further testimony, Chair TenBruggencate asked the Commission Mr. Watanabe moved to receive CRC 2017-11 how they wanted to proceed. for the record. Ms. Sandblom seconded the motion. Motion carried 6:0. CRC 2017-05 Proposed Charter Amendment to remove the Zoning Board of Appeals (Article XIV, Subsection 14.12 - 14.14 Ldeferred 10123117, 11127117) Chair TenBruggencate noted that the Commission was in receipt of a letter from Planning Director Michael Dahilig regarding the Zoning Board of Appeals, and suggested the item be deferred to the next meeting. Mr. Watanabe moved to defer CRC 2017-05 to the next meeting. Mr. Nakamura seconded the motion. Motion carried 6:0. CRC 2017-06 Proposed Charter Amendment to Amend Article XIII Charter Review Commission Open Session December 18, 2017 Page 7 SUBJECT DISCUSSION ACTION relating to the Department of Public Works, Sections 13.01 - 13.03 by changing title from County Engineer to Director of Public Works, and changing job description to reflect title change (deferred 10123117, 11127117) Human Resources Director Janine Rapozo stated that the Administration wished to withdraw the proposed amendment. Mr. Watanabe moved to receive CRC 2017-06 for the record. Ms. Kapali seconded the motion. Chair TenBruggencate called for public testimony. Mr. Taylor stated that he was opposed to changing the title and job description of the County Engineer, and that he didn't believe the County did a good job recruiting for the position. Motion carried 6:0. CRC 2017-08 Proposed Charter Amendment to Amend Article XIX, Financial Procedures, Section 19.15(C)by adding language to include corresponding maintenance of those lands or property entitlements (de erred 11127117) Mr. Hull stated that the proposal before the Commission was two -fold; possible acquisitions and the potential maintenance for them, as well as the improvements of existing accesses and to demarcate them for public utilization. He said the Open Space Fund had been in effect over a decade and had accumulated approximately six (6) million dollars by putting .5% of the property tax revenue into the fund annually to be used solely for the purpose of land acquisition. To date, only one (1) acquisition had been completed using the Open Space Fund. He said what had happened in the past in a handful of scenarios when there was the possibility for land acquisition was the question of how the land would be maintained came up. Often times either Public Works or Parks and Recreation were approached Charter Review Commission Open Session December 18, 2017 Page 8 SUBJECT DISCUSSION ACTION to see if they had the ability to provide maintenance; however, in many scenarios, the lands were outside of their jurisdiction. Mr. Hull said in many situations land acquisition couldn't be pursued because at the end of the day, the property could end up sitting derelict and never be used for its intended purpose, such as public access or recreation. He said one of the hot -button political issues in the community was the closure of public accesses to public resources. In addition to the maintenance of acquisitions, there was a desire to use some of the Open Space funds to improve existing public access of which there are hundreds island wide that existed only on paper because they were not demarcated. Mr. Hull stated that should the Charter Amendment be adopted, it would not mean that every acquisition would require maintenance. In several instances, the County had been able to negotiate stewardship agreements with community organizations to provide maintenance for certain areas. He said currently the Open Space Commission was progressing with a couple of potential acquisitions and didn't want the issue of maintenance or improvement to existing accesses to foreclose the discussion. Ms. Sandblom asked Mr. Hull if entitlements and improvements were the same thing to which he clarified that entitlements included permitting fees, as well as the cost of the improvements. Ms. Sandblom asked for details on the Open Space Fund's one (1) acquisition in terms of acreage and location to which Mr. Hull provided that it was a portion of Black Pot Beach Park for the purpose of expansion through the Park's Master Plan. Mr. Watanabe asked whether or not the Open Space Fund was in the budget to which Mr. Hull provided that it was part of the budget process. Mr. Watanabe asked if maintenance included staff salaries to which Mr. Hull said the Planning Department didn't anticipate needing staff because of the small number of acquisitions that would need maintenance. He added that Charter Review Commission Open Session December 18, 2017 Page 9 SUBJECT DISCUSSION ACTION he hoped in the future the Open Space program would be robust enough to warrant needing staff to which Mr. Watanabe suggested clearing up the language now rather than waiting for that to occur. Mr. Nakamura said the proposed language referenced lands that had been acquired, "The monies in this fund shall be utilized for the purchasing or otherwise acquiring lands or property entitlements -and the corresponding maintenance of those lands or property entitlements", and suggested adding "or existing public access or open space. " Mr. Hull said the Planning Department would be amenable to the modified language, adding that the Department would also take measures to ensure that exactions for accesses were processed through subdivision and the Planning Commission. Chair TenBruggencate asked Mr. Hull if he was willing to meet with the Planning Department staff and the Administration and draft amendments to the language to which Mr. Hull said yes. Mr. Hull requested the item be deferred because the Open Space Commission had not reviewed the proposed language due to issues with quorum. He said the Department wanted to get the proposed amendment to the Charter Review Commission for their review, and stated that the Department was in no way trying to circumvent the Open Space Commission. Ms. Suzawa inquired how long it took to accumulate six (6) million dollars in the Open Space Fund to which Mr. Hull said he would have to check when the Black Pot Beach Park expenditure was made. He provided that the fund was accumulating approximately four hundred (400) to five hundred (500) thousand dollars a year. Ms. Suzawa stated that her concern was that maintenance costs could hinder the ability to acquire land and asked if there was language related to keeping Charter Review Commission Open Session December 18, 2017 Page 10 SUBJECT DISCUSSION ACTION a fund balance. Mr. Hull explained that the expenditures of the fund had to go through the public budget process every year at the County Council which allowed for prioritization of the monies. Ms. Kapali asked if a cap would be put on the amount used for maintenance and improvements to which Mr. Hull said the Department would be amendable to a cap; currently there was a 5% cap for administrative purposes. Chair TenBruggencate urged the Commission not to tie the hands of the Open Space Commission and let them make those decisions. Ms. Cowden stated that she had attended many Open Space Commission meetings and agreed that there were times when properties couldn't be acquired because of maintenance. She said she wanted to see an agreed upon ceiling of maybe 25% of the funds that could be used for maintenance to avoid half of the fund, or more, being used for maintenance on past projects. With no further discussion, Chair TenBruggencate asked for a motion to Mr. Watanabe moved to defer CRC 2017-08. Mr. defer the item. Nakamura seconded the motion. Motion carried 6:0. CRC 2017-10 Proposed Charter Amendment to Article III, County Council, Section 3.03 relating to terms (deferred 11127/17) Four (4) Councilmembers serve two (2) four-year terms full time (staggered), and three (3) Councilmembers serve two (2) two-year terms part time Chair TenBruggencate called for public testimony. Mr. Lenny Rapozo stated that he was opposed to term limits and districting for the island of Kauai; limiting terms took away his right to choose. He Charter Review Commission Open Session December 18, 2017 Page 11 SUBJECT DISCUSSION ACTION said he didn't believe the rhetoric regarding uninformed voters because history had proven, through the removal of former Mayor Tony Kunimura and former Governor Neil Abercrombie, that the people of Kauai were informed voters. Chair TenBruggencate asked Mr. Rapozo if he thought there should be two-year or four-year terms to which Mr. Rapozo said two— year terms. Mr. Taylor stated that he was opposed to the proposed amendment as it was written, however, would support two (2) four-year terms and four (4) three (3) staggered. He said there were municipalities around the country larger than Kauai that had five -member councils, and suggested that Kauai look at that as an option. Mr. Taylor said having seven (7) councilmembers elected at the same time created problems because there could be as many as twenty-two (22) people at a forum and nobody would have time to articulate their position. Ms. Cowden stated that what was important to her in her proposal was that four (4) councilmembers were full-time, with full-time pay, and that it was their only job because it would provide stability in the County Council. Mr. Watanabe stated that he didn't agree with Ms. Cowden and asked if the Commission could defer to the County Attorney whether or not it was unconstitutional to tell someone they could only have one (1) job. Chair TenBruggencate said he had a fundamental difference of opinion because throughout the country, citizens elected legislators who lived and worked in their community, and served part-time in government, and there was great value in that. He added that he didn't think the County's legislative body should be a profession. Charter Review Commission Open Session December 18, 2017 Page 12 SUBJECT DISCUSSION ACTION Ms. Sandblom asked Ms. Cowden whether or not, regardless of the term limit, councilmembers would serve the same amount of hours to which Ms. Cowden clarified that four (4) councilmembers would be full-time and three (3) would be part-time. Ms. Sandblom asked if that meant the four (4) full- time councilmembers would work forty -hour weeks to which Ms. Cowden said yes; the goal was to have them work and be paid as a full-time position. Mr. Watanabe said one of his concerns was there had been ten (10) different scenarios proposed for council terms since 1972 that passed, and the cost of putting proposals on the ballot added up. Additionally, the Employee Retirement System (ERS) had to make a decision as well because at one point councilmembers were considered part-time; they were now full-time and received benefits. Mr. Nakamura asked Mr. Watanabe if all councilmembers, with the exception of the Chair, were paid the same to which Mr. Watanabe said yes. Chair TenBruggencate asked Mr. Watanabe if he wanted to refer the item to the County Attorney for an opinion to which Mr. Watanabe said yes. Mr. Watanabe moved to refer CRC 2017-10 to the Mr. Nakamura asked for clarification of the legal questions to which Mr. County Attorney for an opinion. Watanabe said his first question was whether or not the ERS considered councilmembers full-time upon retirement and would have a problem staggering that requirement; and, could an employed councilmember be told he/she could only have one (1) job. Chair TenBruggencate stated that, with regard to the staggering of full-time councilmembers, the ERS would have to consider making some of the current councilmembers part-time. Charter Review Commission Open Session December 18, 2017 Page 13 SUBJECT DISCUSSION ACTION Ms. Suzawa commented that she would have a difficult time determining who was running for four-year terms and who was running for two-year terms, and asked if that would be an issue. Ms. Cowden clarified that people could run for both terms. Chair TenBruggencate stated that there was a motion on the floor to defer, adding that should the motion die for lack of a second, the Commission had the following options: accept the proposal as written, amend the proposal, or receive the proposal. Chair TenBruggencate asked for a second on the motion to defer. The motion failed due to the lack of a second. Ms. Suzawa stated that she had a problem with the word "defer" and asked if a motion to "refer" to the County Attorney was a new motion to which Chair TenBruggencate said yes. Chair TenBruggencate clarified that the Commission could "refer and defer". Ms. Suzawa moved to defer CRC 2017-10 and refer to the County Attorney for an opinion. Mr. Watanabe seconded the motion. Motion carried 6:0 Chair TenBruggencate stated that after consulting with their attorney, the Commission had the option of moving the Executive Session items into Open Session, and asked the Commission for their preference. Mr. Nakamura and Mr. Watanabe said they preferred to take up the items in Executive Session. Chair TenBruggencate asked to take the Election of Chair and Vice Chair before entering into Executive Session. CRC 2017-12 Election of Chair and Vice Chair for calendar year 2018 (deferred 11127/17) Ms. Kapali nominated Commissioner Suzawa as Chair. Mr. Watanabe seconded the motion. Chair TenBruggencate called for public testimony to which there was none. Motion carried 6:0. Charter Review Commission Open Session December 18, 2017 Page 14 SUBJECT DISCUSSION ACTION Ms. Kapali nominated Commissioner TenBruggencate as Vice Chair. Mr. Watanabe seconded the motion. Motion carried 6:0. Executive Session Mr. Nakamura moved to go into Executive Session at 5:43 p.m. Mr. Watanabe seconded the motion. Motion carried 6:0. Mr. Taylor stated that he was disappointed the Commission chose to go into Executive Session to discuss the findings of the proposed Charter Amendments. He said it wasn't good open government. Chair TenBruggencate stated that he agreed with Mr. Taylor, but that the discussion was regarding the Attorney's opinion, and that the items would be back on the agenda for public testimony in the future. Return to Open Ratify Commission actions taken in Executive Session for items ES-001 and The Commission resumed in Open Session at 6:01 ES-002 Session p.m. Mr. Nakamura moved to ratify the actions taken in Executive Session. Mr. Watanabe seconded the motion. Motion carried 6:0. Announcements Next Meeting: Monday, January 22, 2018, 4:00 p.m., in the Mo'ikeha Building, Meeting Room 2 A/B Adjournment Chair TenBruggencate adjourned the meeting at 6:03 p.m. Submitted by: Lani Agoot, Administrative Specialist Reviewed and Approved by: Jan TenBruggencate, Chair Charter Review Commission Open Session December 18, 2017 Page 15 () Approved as circulated. () Approved with amendments. See minutes of meeting. OFFICE OF THE COUNTY CLERK 2002 AMENDMENT The Charter of the County of Kauai "Section 19.15. Fund Administration. 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 funds 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 the corresponding maintenance 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 significant 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 enjoyment 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, Charter, in whole or in part — for the purposes enumerated in paragraph (1) of this section and for the payment of costs associated with the purchase, redemption or refunding of such bonds. (3) At any given time, no more than five percent (5%) of this fund shall be used for administrative expenses. CSC 0 '01tJ-01 ��) (4) 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 moneys in this fund shall not be used for any purpose except those listed in this section. The Council shall by ordinance establish procedures for the administration and priorities for the expenditure of moneys in this fund." "Section 19.08. Administration and Enforcement of the Annual Budget Ordinance. A. The enactment of the annual budget ordinance shall constitute an appropriation of the sums specified therein for the purposes and from the funds indicated. Such appropriation shall be considered valid only for the fiscal year for which made, and any part of such appropriation which is, not encumbered or expended shall lapse at the end of the fiscal year, except that appropriations to the fund established by paragraph C of section 19.15 shall not lapse, but shall remain in the fund, accumulating from year-to-year. Agencies authorized to make expenditures under the annual budget ordinance may proceed without other authority from the council to incur obligations or make expenditures for proper purposes to the extent that the moneys are available and as allotted. B. Immediately following the enactment of the annual budget ordinance, the heads of all agencies shall submit to the director of finance schedules showing the expenditures anticipated for each quarter of the fiscal year. C. The approval of an expenditure schedule by the mayor shall constitute a budgetary allotment which shall, unless a revision thereof is approved by the mayor, be binding upon such agencies and the director of finance shall approve or issue no requisition, purchase order, voucher or warrant that is not in accordance with such allotment. D. The allotment herein provided may be altered at any time by the mayor. The mayor shall direct appropriate revisions in allotments to keep expenditures within the revenues received or anticipated. E. Any part of an allotment which is not expended or encumbered shall be deemed re -allotted for the next allotment period. F. The mayor may at any time transfer an unencumbered appropriation balance or portion thereof within a division or between divisions in the same department. Transfers between departments, boards or commissions shall be made only by the council by ordinance adopted pursuant to Section 19.07B, upon the recommendations of the mayor." "Section 19.12. Lapse of Appropriations. Every appropriation shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered, except appropriations to the fund established by paragraph C of section 19.15 and appropriations for capital budget items where any portion of said appropriation has been expended." These Amendments to Sections 19.15, 19.08, and 19.12 of The Charter of the County of Kauai were duly adopted by the voters at the November 2002 General Election. Lihue, Hawaii Peter A. Nakamura November 26, 2002 County Clerk, County of Kauai County of Kauai ARTICLE XXXX SALARY C©XNXSS=CN' Section 29.01. Organization. There shall be a Salary Commission composed of seven members to establish the maximum salaries of all elected and appointed officers as defined in Section 23.01 D of this Charter. (Amended 1988, 2006, 2012) Section 29.02. Policies. The commission shall adopt and, when it deems necessary, may change the policies governing its salary - setting decisions. Amended 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 without the mayor's and council's concurrence sixty days after its adoption by the commission unless rejected by a vote of not less than five members of the council. The council may reject either the entire resolution or any portion of it. The respective appointing authority may set the salary of an appointee at a figure lower than the maximum figure established by the salary commission for the position. Provided however, elected officers may voluntarily accept a salary lower than the maximum figure established by the salary commission for their position, or forego accepting a salary. (Amended 1988, 2006, 2012) Section 29.04 Rules. The commission shall establish its rules of procedures and adopt rules and regulations pursuant to law. (Amended 1988, 2006) Section 29.05 Changes in Salary. No change in 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. (Amended 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. (Amended 1988, 2006, 2012) Co 9 Drl— Vsctc CHAPTER 16 MERGENCY MANAGEMENT AGENCY Section 8-16.1. Organization and Functions. There shall be a Maui County emergency management agency whose powers, duties, functions and organization shall be as provided by law. The fire and public safety commission, as established in Section 8-7.2 herein, shall review the operations of the agency and make recommendations for changes which may be desirable to improve the performance of emergency functions and the provision of public safety services. The commission shall receive and investigate any complaints brought forth by the public against the conduct of the agency or any of its members and submit a written report of its findings and recommendations to the Maui County emergency management administrator for the administrator's disposition. (Section Renumbered 2012, 2006; Amended 2016, 2002, 1986) CHAPTER 17 SALARY OOMMI$SION Section 8-17.1. Organization and Functions. There shall be a salary commission, which shall consist of nine members appointed by the mayor with the approval of the council. The members of this commission shall have five-year terms, and can be reappointed once to a second five-year term. Two members shall be appointed or reappointed each year, except that only one member shall be appointed or reappointed every fifth year. The commission shall determine the compensation of elected officials and appointed directors and deputy directors of all departments of the county provided, however, in establishing the compensation of appointed department heads and their deputies, the salary commission shall consult with those boards and commissions which have appointing authority for department heads. (Section Renumbered 2012, 2006; Amended 2002, 1992, 1984) ARTICLE 9 FINANCIAL PROCEDURES Section 9-1. Fiscal Year. The fiscal year shall begin on the first day of July and end on the thirtieth day of June of the succeeding year. All fiscal affairs of the county during any fiscal year shall be controlled by a budget ordinance and a capital program ordinance for that fiscal year. 37 C'�, Z��n-13 C2� Hawaili County ; (c) First special election. The first special election shall be held with the regularly scheduled primary election. Any candidate for mayor, prosecuting attorney or council receiving a majority of all votes validly cast for candidates for that office, excluding blank and spoiled ballots, shall be deemed elected. If there is only one candidate for the office, that candidate shall be deemed elected regardless of the number of votes received. (d) Second special election. The second special election shall be held with the regularly scheduled general election. Unless a candidate has been elected in the first special election, the two candidates receiving the highest number of votes for the office in question in the first special election shall be placed on the ballot for the second special election. At the second special election the candidate receiving the highest number of votes for each respective office shall be deemed elected. (1979, Prop. 10; 2000, Prop. 1, sec. 1.) Section 13-28. Compensation; Salary Commission. (a) The salary of all county elected officials` and appointed directors and deputy directors of departments and executive agencies shall be established by a salary commission which shall consist of nine members appointed by the mayor with the approval of the council, in the manner prescribed in Section 13-4(b). The members may be removed in the manner prescribed in Section 13-4(b). (b) One member shall be a resident of each council district. In addition, the director of human resources and deputy director of human resources shall serve as ex-officio members of the commission in an advisory capacity. (c) The commission shall establish its rules of procedure, which shall provide that it meet at least annually, and adopt rules and regulations having the force and effect of law. (d) The commission shall review and compensate all county elected officials and appointed directors and deputy directors so that their total salaries and benefits have a reasonable relationship to compensation in the public and private sectors. The salary commission shall consult with those boards and commissions which have appointing authority for department heads. (1974, Ord. No. 56, sec. 2; 1979, Prop 13; 1990, Prop. 5, sec. 1; 2000, Prop. 10, sec. 1; 2006, Ord. No. 06-60, sec. 4.) Section 13-29. Conservation of Natural and Cultural Resources. For the benefit of present and future generations, the county shall conserve and protect Hawai`i's natural beauty and all natural and cultural resources, including but not limited to land, water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the county. All public natural and cultural resources are held in trust by the county for the benefit of the people. (2010, Prop. 6, sec. 1.) WE