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COUNTY OF KAUAI
Minutes of Meeting
OPEN MEETING SESSION
Approved with amendements on 3/28/22.
Board/Commission: CHARTER REVIEW COMMISSION Meeting Date FEBRUARY 28, 2022
Location Teleconference Start of Meeting: 3:00 p.m. End of Meeting: 3:46 p.m.
Present Chair Lori Koga, Vice Chair Jan TenBruggencate. Commissioners: Bronson Bautista, Reid Kawane, Marissa Sandblom. Also: Hugo Cabrera,
Deputy County Attorney. Boards & Commissions Office Staff: Administrator Ellen Ching, Administrative Specialist Anela Segreti.
Excused Virginia Kapali
Absent
SUBJECT DISCUSSION ACTION
A. Call To Order Chair Lori Koga, called the meeting to order
at 3:00 p.m.
B. Roll Call Roll Call:
Commissioner Bautista-present & alone
Commissioner Kapali- excused
Commissioner Kawane - present & alone
Commissioner Sandblom -present & alone
Vice Chair TenBruggencate - present &
alone
Chair Koga - present & alone
Quorum: 5 commissioners present
C. Approval of
Agenda
Vice Chair TenBruggencate moved to
approve the agenda. Commissioner Bautista
seconded.
Voice Vote:
5 Ayes, 0 Nays
Motion carried 5:0
D. Minutes Open Session Minutes of January 24, 2022
Vice Chair TenBruggencate corrected the roll call in the minutes to clarify
Vice Chair TenBruggencate moved to
approve the minutes of February 28, 2022
Charter Review Commission
Open Session
February 28, 2022 Page 2
SUBJECT DISCUSSION ACTION
that no one in the dental waiting room was able to hear or participate.
Commissioner Kawane corrected page 6, second paragraph, first sentence,
“tries” should be “tried”.
as edited. Commissioner Kawane seconded.
Voice Vote:
5 Ayes, 0 Nays
Motion carried 5:0
E. Public Testimony Bert Lyon stated that he was on to hear the PIG report and stated he
submitted an email, regarding 2014 and 2016 reports.
Administrator Ching stated that she received the email and is gathering the
materials for the PIG and will be sending it to them and as part of their
report the Commission will be receiving the emailed report as well.
Jonathan Jay stated that he was interested in a review of the milestones and
timelines that are necessary to get districting proposal to the County
Council. He is requesting clarification.
Chair Koga stated that the PIG will be helping the Commission with that.
Vice Chair TenBruggencate asked Mr. Jay what specifically he’s looking
for.
Charter Review Commission
Open Session
February 28, 2022 Page 3
SUBJECT DISCUSSION ACTION
Mr. Jay stated he’s not familiar with the milestones, deadlines to get a
proposal on to the ballot.
Administrator Ching stated that a meeting with the County Clerk will be
sometime in June.
Mr. Jay clarified that he would like the steps and processes shared with him.
He would like to see a districting ballot on the November ballot so that if
passed it can go into effect in 2024.
Chair Koga responded that the PIG will be making recommendations to the
Commission on where they go from here and thanked Mr. Jay for his
comment.
F. Communication None
G. Business CRC 2022-06 Update of the Permitted Interaction Group (PIG). The purpose
of the Permitted Interaction Group (PIG) is to provide a written
recommendation on how and whether to create districting for our County
Council.
Chair Koga thanked Commissioners Sandblom, Bautista, and Kawane for
volunteering to be part of the PIG and asked if they have a report.
Commissioner Kawane reported that the PIG met twice and are still in the
process of finalizing the report. They will be meeting March 9 and 25 to
finalize the report.
Chair entertained a motion to defer.
Commissioner Kawane moved to defer
CRC 2022-06 to the next meeting. Vice
Chair TenBruggencate seconded.
Voice Vote:
5 Ayes, 0 Nays
Charter Review Commission
Open Session
February 28, 2022 Page 4
SUBJECT DISCUSSION ACTION
Motion carried 5:0
CRC 2020-17 Discussion and possible action on proposing a Charter
amendment relating to Council Districting.
Chair Koga entertained a motion to defer.
Vice Chair TenBruggencate moved to defer
CRC 2020-17 to next meeting when PIG
will have their findings. Commissioner
Bautista seconded.
Voice Vote:
6 Ayes, 0 Nays
Motion carried 6:0
CRC 2021-04 Discussion and possible action on Charter Initiatives of interest.
Administrator Ching stated that the Salary Commission worked up a report
and a detailed proposal, but it was not completed for a specific agenda item
and will be on next month’s agenda.
Vice Chair TenBruggencate moved to defer
CRC 2021-04 to next meeting when PIG
will have their findings. Commissioner
Kawane seconded.
Voice Vote:
6 Ayes, 0 Nays
Motion carried 6:0
CRC 2022-05 Discussion and possible action on proposed Charter amendment
to remove Article XXX relating to the Electric Power Authority.
Chair Koga asked for clarification that it has been approved for ballot and just
needed County Attorney review.
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Open Session
February 28, 2022 Page 5
SUBJECT DISCUSSION ACTION
Administrator Ching clarified that since it has been reviewed by the County
Attorney, the Commission may want to take the ballot question separate from
the purpose and background and the proposed amendment.
Commissioner Sandblom recalls that it is more housekeeping and that it was
put on the ballot before and was not approved. She asked if the ballot
question, purpose, and background is the same as before?
Administrator Ching clarified that it is the same and is not sure why it was not
passed. She is thinking that the Commission should look at the ballot question,
purpose, and background. The proposed amendment has been approved by the
County Attorney, so she feels that part is fine.
Vice Chair TenBruggencate recused himself from this item, he holds a seat
on the KIUC board. He logged out at 3:18pm.
Administrator Ching explained that the Board can decide to put it on the
ballot today or that they could defer that and then they could look at the
ballot question, purpose, and background. There will be another
opportunity before final is transmitted to County Clerk for the ballot.
Administrator Ching explained that the proposal for the electrical authority
that is being proposed is the same as what was on the ballot in 2018. She
went on to discuss with Commission why this housekeeping item may not
have passed. She feels that voters may have been confused using “electrical
authority”. They discussed the use of the digital and newspaper campaign
helped people to understand the ballot questions. Also they may want to
change the question so that it’s not as confusing.
Commissioner Sandblom shared that she felt that the last time it was on the
ballot there was a lot of ballot questions that may have been overwhelming
Charter Review Commission
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February 28, 2022 Page 6
SUBJECT DISCUSSION ACTION
and that she feels the purpose and background is solid, but that the question
could be tweaked without it leaning one way or another.
Deputy County Attorney stated that it since a whole section is being taken
out of the Charter it would be better to note the exact article being removed
so people know what it is.
Commissioner Kawane moved to have staff
work on simplifying ballot question,
purpose, and background for CRC 2022-05.
Commissioner Sandblom seconded.
Voice Vote:
5 Ayes, 0 Nays
Motion carried 5:0:1 recused
CRC 2021-08 Discussion and possible action on proposal to amend Charter
Section 9A.05. Vacancy in Office related to the Office of the Prosecuting
Attorney.
Vice Chair TenBruggencate returned to the meeting at 3:33pm
Commissioner Sandblom asked if this proposal was the same as previously
on the ballot.
Vice Chair TenBruggencate clarified that this on addresses the issue of mid-
term vacancies and says that the Deputy stays in office until the next
election, instead of holding a special election.
The Board clarified that the last amendment was due to the Charter being
silent on a what to do about a vacancy during a specific period, 6-18 months
of being in office. This was clarified in the last election but need to have a
special election and cost involved was not clarified. This proposal would
eliminate the County having to go through with a special election and the
cost.
Commissioner Sandblom clarified that the revised language that the Charter
Vice Chair TenBruggencate moved to
approve and authorize the department to
send this to the County Attorney for legal
review.
Vice Chair TenBruggencate amended his
motion to approve this for the ballot, taking
it off the agenda and on to the list for
proposals to be put on the ballot for the
November 2022 election ballot.
Commissioner Sandblom seconded the
Charter Review Commission
Open Session
February 28, 2022 Page 7
SUBJECT DISCUSSION ACTION
would reflect is included, but not the ballot question and purpose. She
asked if a motion was needed to ask staff to work on these for review.
revised motion.
Vice Chair TenBruggencate withdrew his
motion and moved to approve this Charter
Amendment subject to review of the
associated documents to be prepared before
the next meeting. Commissioner Sandblom
removed her previous second and seconded
this motion.
Voice Vote:
6 Ayes, 0 Nays
Motion carried 6:0
H. Announcements Next Meeting: March 28, 2022
PIG report will be reviewed by PIG in March and will include Mr. Lyon’s
suggestions. It may not be ready until April meeting.
I. Adjournment Hearing no objections Chair Koga
adjourned the meeting at 3:46pm
Submitted by: __________________________________ Reviewed and Approved by: _________________________________________
Anela Segreti, Administrative Specialist Lori Koga, Chair
( ) Approved as circulated.
(X) Approved with amendments. See minutes of March 28, 2022